FINAL AGENDA

SPARTANBURG COUNTY COUNCIL

GENERAL SESSION

MONDAY, OCTOBER 19, 2009

4:00 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. Accommodations Tax Advisory Committee

B. Board of Assessment Appeals

C. Building Code Board of Appeals and Adjustments

D. Domestic Violence Board

E. Piedmont Community Actions

III. Adjourn

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 19, 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 regarding a Revised and Restated FILOT Lease Agreement (the “Revised Lease”), as authorized by the Ordinance, between Spartanburg County (the “County”), BMW Manufacturing Co., LLC, and SB Acquisitions, Inc. (collectively, “BMW”). Pursuant to the commitments earlier made by Spartanburg County in connection with BMW’s present $750 million expansion project (the “Expansion”), the Revised Lease provides for a $10 million Infrastructure Credit to be provided to BMW by the County and for certain other matters. (Mr. Carter Smith, Economic Futures Group, and Mr. George Wolfe, Nelson Mullins, to present) – (Action Requested: Approve Revised FILOT Lease Agreement)

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 second reading to Ordinance)

C. Receive information and take desired action in reference to a Resolution authorizing a petition to the South Carolina Budget and Control Board for approval of the bond issuance related to the Ordinance and Revised Lease. The total amount of bonds authorized in connection with the Project will be increased by $800 million by BMW to match the estimated costs of the Expansion. No funding from the County will be required in connection with this bond authorization. (Mr. Carter Smith, Economic Futures Group, and Mr. George Wolfe, Nelson Mullins, to present) – (Action Requested: Adopt Resolution)

D. Receive information and take desired action in reference to an Inducement Resolution for a new FILOT transaction between the County and BMW. The FILOT transaction authorized pursuant to the Inducement Resolution would have terms similar to the existing FILOT transaction between the County and BMW. The Investment Period for the new FILOT transaction would begin in 2011, after the 2010 expiration of the Investment Period under the existing FILOT transaction between the County and BMW as set forth in the Revised Lease. (Mr. Carter Smith, Economic Futures Group, and Mr. George Wolfe, Nelson Mullins, to present) – (Action Requested: Adopt Resolution)

E. 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, No. O-03-13, and No. O-08-29 relating to the joint county industrial and business park (Park No. 2) of Cherokee and Spartanburg Counties so as to enlarge the park. (Project Astrology) – (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, OCTOBER 19, 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, OCTOBER 19, 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 an Ordinance to authorize the execution and delivery of various documents in order to fund a portion of the costs associated with the environmental cleanup of property known as the Victor Mill project; to authorize the execution and delivery of those documents in connection therewith; and other matters relating thereto. (Mr. Chris Story to present) – (Action Requested: Render first reading to Ordinance)

B. Receive information and take desired action in reference to a Resolution authorizing the Master Lease Agreement (Information Technology Equipment) between Spartanburg County, South Carolina and SunTrust Equipment Finance and Leasing Corporation in the principle amount of not exceeding $612,101 relating to the financing of equipment for public purposes; authorizing the execution and delivery of various documents including the Master Lease Agreement; and other matters related thereto.  (Mr. Cole Alverson, Program Evaluation Manager, to present) – (Action Requested: Adopt Resolution)

C. Presentation of the FY 2009/10 Capital Improvement Plan Status Report. (Mr. Cole Alverson, Program Evaluation Manager, to present)

D. Receive updated financial data and personnel vacancy report.

III. Other

IV. Adjourn

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 19, 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 the Encore Project. (Ms. Erika Walker, SAGE WAVE Consulting, to present)

III. Other

IV. Adjourn

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 19, 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 regarding activities of Building Codes Department.

III. Other

IV. Adjourn

AGENDA

LAND USE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 19, 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 Planning Department Reports on Development Activity.

III. Other

IV. Adjourn

AGENDA

PUBLIC WORKS, BUILDINGS & GROUNDS COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, OCTOBER 19, 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 the 2009 Upstate Roundtable Report (20-year strategic plan). (Mr. Glen McManus, Director of Operations, Renewable Water Resources, to present)

B. Receive information regarding activities of Public Works Department.

III. Other

IV. Adjourn

MAIN AGENDA

County Council Meeting

MONDAY, OCTOBER 19, 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 designating the month of November 2009 as Pulmonary Hypertension Awareness Month. (Ms. Penney Cline to receive)

3. Conduct Public Hearings Pertaining to the Following:

A. To consider 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.

B. To consider 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.

C. To consider 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.

D. To consider 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.

E. To consider 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.

4. Appearing Before Council:

No appearances scheduled.

5. Committee Reports:

(Committee Meetings to be held at 4:00 p.m.)

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE –

Hon. David Britt, Chairman

A. Receive information and take desired action in reference to a Revised and Restated FILOT Lease Agreement (the “Revised Lease”), as authorized by the Ordinance, between Spartanburg County (the “County”), BMW Manufacturing Co., LLC, and SB Acquisitions, Inc. (collectively, “BMW”). Pursuant to the commitments earlier made by Spartanburg County in connection with BMW’s present $750 million expansion project (the “Expansion”), the Revised Lease provides for a $10 million Infrastructure Credit to be provided to BMW by the County and for certain other matters. (Action Requested: Approve Revised FILOT Lease Agreement)

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 second reading to Ordinance)

C. Receive information and take desired action in reference to a Resolution authorizing a petition to the South Carolina Budget and Control Board for approval of the bond issuance related to the Ordinance and Revised Lease. The total amount of bonds authorized in connection with the Project will be increased by $800 million by BMW to match the estimated costs of the Expansion. No funding from the County will be required in connection with this bond authorization. (Action Requested: Adopt Resolution)

D. Receive information and take desired action in reference to an Inducement Resolution for a new FILOT transaction between the County and BMW. The FILOT transaction authorized pursuant to the Inducement Resolution would have terms similar to the existing FILOT transaction between the County and BMW. The Investment Period for the new FILOT transaction would begin in 2011, after the 2010 expiration of the Investment Period under the existing FILOT transaction between the County and BMW as set forth in the Revised Lease. (Action Requested: Adopt Resolution)

E. 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, No. O-03-13, and No. O-08-29 relating to the joint county industrial and business park (Park No. 2) of Cherokee and Spartanburg Counties so as to enlarge the park. (Project Astrology) – (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 an Ordinance to authorize the execution and delivery of various documents in order to fund a portion of the costs associated with the environmental cleanup of property known as the Victor Mill project; to authorize the execution and delivery of those documents in connection therewith; and other matters relating thereto. (Action Requested: Render first reading to Ordinance)

B. Receive information and take desired action in reference to a Resolution authorizing the Master Lease Agreement (Information Technology Equipment) between Spartanburg County, South Carolina and SunTrust Equipment Finance and Leasing Corporation in the principle amount of not exceeding $612,101 relating to the financing of equipment for public purposes; authorizing the execution and delivery of various documents including the Master Lease Agreement; and other matters related thereto.  (Action Requested: Adopt Resolution)

C. Presentation of the FY 2009/10 Capital Improvement Plan Status Report. (Mr. Cole Alverson, Program Evaluation Manager, to present)

D. Receive updated financial data and personnel vacancy report.

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

A. Receive information in reference to the Encore Project.

PUBLIC SAFETY AND JUDICIARY COMMITTEE –

Hon. Michael Brown, Chairman

A. Receive information regarding activities of Building Codes Department.

LAND USE COMMITTEE - Hon. Jeff Horton, Chairman

A. 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 the 2009 Upstate Roundtable Report (20-year strategic plan).

B. Receive information regarding activities of Public Works Department.

6. Old Business:

A. Render third 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.

B. Render third 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.

C. Render second reading 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.

D. Render second reading 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.

E. Render second reading 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.

F. Render second reading 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.

7. New Business

No items scheduled.

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 28, 2009 (Tourism Board Meeting)

September 28, 2009 (Regular Meeting)

11. Adjourn