FINAL AGENDA

SPARTANBURG COUNTY COUNCIL

GENERAL SESSION

MONDAY, NOVEMBER 23, 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. Appalachian Council of Governments

B. Board of Assessment Appeals

C. Building Code Board of Appeals and Adjustments

D. Community & Economic Development Loan Committee

E. Disabilities and Special Needs Board

F. Domestic Violence Board

G. Fire Prevention and Protection Advisory Committee

H. Hobbysville Fire District

I. Spartanburg County Planning Commission

J. Twin Lakes Special Tax District

III. Update on Spartanburg County Voting Precincts. (Mr. Henry Laye, Director, Spartanburg County Voter Registration & Elections, to present)

IV. Adjourn

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, NOVEMBER 23, 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:

No items scheduled.

III. Other

IV. Adjourn

AGENDA

PUBLIC HEALTH and HUMAN SERVICES COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, NOVEMBER 23, 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, NOVEMBER 23, 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 placing the Cherokee County Public Defender and its employees under the administration of Spartanburg County. (Mr. Clay Allen, Public Defender, to present)

B. Receive updated financial data and personnel vacancy report.

III. Other

IV. Adjourn

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, NOVEMBER 23, 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 Spartanburg County Tourism Action Plan. (Mr. Tripp Muldrow, Consultant, to present)

B. Receive information and take desired action in reference to Right of Way agreement with Duke Energy Carolinas, LLC. (Mr. Jeff Caton, Director of Parks and Recreation, to present) – (Action Requested: Authorize public hearing)

C. Receive information and take desired action in reference to Right of Way agreement with Spartanburg Sanitary Sewer District. (Mr. Jeff Caton, Director of Parks and Recreation, to present) – (Action Requested: Authorize public hearing)

D. Receive information and take desired action in reference to Right of Way agreement with Williams Transcontinental Gas Pipe Line Company. (Mr. Jeff Caton, Director of Parks and Recreation, to present) – (Action Requested: Authorize public hearing)

III. Other

IV. Adjourn

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, NOVEMBER 23, 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 proposed resolution for county council to call for a public hearing on the proposed annexation by North Spartanburg Fire District of the area of Spartanburg Metro B. (Mr. Edwin Haskell, County Attorney, and Chief Larry Brady, North Spartanburg Area Fire Department, to present) – (Action Requested: Adopt Resolution Calling for a public hearing)

B. Receive information regarding activities of Building Codes Department.

III. Other

IV. Adjourn

AGENDA

LAND USE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, NOVEMBER 23, 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, NOVEMBER 23, 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

IV. Adjourn

SPARTANBURG COUNTY COUNCIL

MONDAY, NOVEMBER 23, 2009

5:00 P.M.

CONFERENCE ROOM TWO

COUNTY ADMINISTRATIVE OFFICE BUILDING

Reception with Graduates of the Spartanburg County Citizens’ Academy.

MAIN AGENDA

County Council Meeting

MONDAY, NOVEMBER 23, 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 Veterans who courageously served in the United States Armed Forces and recognizing the organizations providing services to Veterans.

B. Recognition of Graduates of Spartanburg County Citizens’ Academy.

3. Conduct Public Hearings Pertaining to the Following:

A. To consider 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.

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

No items scheduled.

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 placing the Cherokee County Public Defender and its employees under the administration of Spartanburg County.

B. Receive updated financial data and personnel vacancy report.

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

A. Receive information in reference to the Spartanburg County Tourism Action Plan.

B. Receive information and take desired action in reference to Right of Way agreement with Duke Energy Carolinas, LLC. (Action Requested: Authorize public hearing)

C. Receive information and take desired action in reference to Right of Way agreement with Spartanburg Sanitary Sewer District. (Action Requested: Authorize public hearing)

D. Receive information and take desired action in reference to Right of Way agreement with Williams Transcontinental Gas Pipe Line Company. (Action Requested: Authorize public hearing)

PUBLIC SAFETY AND JUDICIARY COMMITTEE –

Hon. Michael Brown, Chairman

A. Receive information and take desired action in reference to proposed resolution for county council to call for a public hearing on the proposed annexation by North Spartanburg Fire District of the area of Spartanburg Metro B. (Action Requested: Adopt Resolution Calling for a public hearing)

B. 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 regarding activities of Public Works Department.

6. Old Business:

A. Render third 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.

B. Render third 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.

C. Render third 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.

D. Render third 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.

E. Render third reading 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.

F. Render second reading 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. (Gemini Manufacturing, LLC (Project Astrology), Suminoe Textile of America Corporation, and Project Como)

G. Render second reading 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.

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: October 19, 2009 (Regular Meeting)

11. Adjourn