FINAL AGENDA

SPARTANBURG COUNTY COUNCIL

GENERAL SESSION

MONDAY, FEBRUARY 8, 2010

4:30 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. Appalachian Council of Governments

B. Board of Assessment Appeals

C. Lakewood Hills Special Tax District

D. Spartanburg County ULMO Board of Appeals

E. Twin Lakes Special Tax District

III. Adjourn

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, FEBRUARY 8, 2010

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 a Resolution authorizing the execution and delivery of an Inducement Agreement by and between Spartanburg County, South Carolina, and ZF Lemforder Corporation, whereby, under certain conditions, Spartanburg County will execute a fee in lieu of tax agreement with ZF Lemforder Corporation 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. Robert Galloway, III, Haynsworth Sinkler Boyd, to present) – (Action Requested: Adopt Resolution)

B. Receive information and take desired action in reference to a Resolution authorizing a Special Source Revenue Credit Incentive to Rochling Automotive Duncan, LLP (the “company”) in respect of certain proposed investment by the company and other manufacturers (the “sponsor affiliates”) at the manufacturing facilities of the company in Spartanburg County; authorizing the addition of the sponsor affiliates to a fee in lieu of tax agreement between Spartanburg County and the company; and other matters related thereto. (Mr. Carter Smith, Economic Futures Group, and Mr. Robert Galloway, III, Haynsworth Sinkler Boyd, to present) – (Action Requested: Adopt Resolution)

C. 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 Leigh Fibers, Inc. whereby, under certain conditions, Spartanburg County will (1) execute a fee in lieu of tax agreement with Leigh Fibers, Inc. with respect to an industrial project in the county, whereby the project would be subject to payment of certain fees in lieu of taxes, (2) provide certain credits against such payments in reimbursement of investment in related qualified infrastructure, and (3) locate the project in a multi-county industrial and business park; and providing for related matters. (Mr. Carter Smith, Economic Futures Group, and Mr. Robert Galloway, III, Haynsworth Sinkler Boyd, to present) – (Action Requested: Adopt Resolution)

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, 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. (Leigh Fibers, Inc. and ResMed, Inc. (Mr. Carter Smith, Economic Futures Group, and Mr. Robert Galloway, III, 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, FEBRUARY 8, 2010

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, FEBRUARY 8, 2010

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. Presentation of the FY 2010/2011 Capital Improvement Plan. (Mr. Cole Alverson, Program Evaluation Manager, to present) – (Action Requested: Render first reading to a Budget Ordinance to establish Capital Project Budgets for the 2010-2011 Budget Year of the Five-Year Capital Improvement Plan.)

B. Receive updated financial data and personnel vacancy report.

III. Other

IV. Adjourn

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, FEBRUARY 8, 2010

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 Encore Project. (Ms. Erika Walker, SAGE WAVE Consulting, to present)

III. Other

IV. Adjourn

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, FEBRUARY 8, 2010

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, FEBRUARY 8, 2010

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, FEBRUARY 8, 2010

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

MAIN AGENDA

County Council Meeting

MONDAY, FEBRUARY 8, 2010, 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. Mr. Robert Benfield, South Carolina Association of Counties, to present the Safety Award and the Sustained Excellence Award to County Council.

B. Resolution expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the achievements of Dean Jones, Head Baseball Coach, Chesnee High School, Chesnee, South Carolina.

C. Resolution recognizing and congratulating the Gibbs Regional Cancer Center for exceptional contributions to improving cancer health and research and for being accredited with commendation for performance by the American College of Surgeons, Commission on Cancer. Dr. Julian Josey, Dr. Jay Bearden, Dr. Robert Cochran, and Dr. Robert Flandry to receive)

D. Resolution expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the achievements of Dorman High School’s Football Team, “The Cavaliers,” for winning the South Carolina Region II 4A Football Championship.

3. Conduct Public Hearings Pertaining to the Following:

A. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, April 3, 2010 until midnight for a drag race at 1792 Dragway Road, Greer.

B. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, April 17, 2010 until midnight for a drag race at 1792 Dragway Road, Greer.

4. Appearing Before Council:

No appearances scheduled.

5. Committee Reports:

(Committee Meetings to be held at 4:30 p.m.)

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE –

Hon. David Britt, Chairman

A. 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 ZF Lemforder Corporation, whereby, under certain conditions, Spartanburg County will execute a fee in lieu of tax agreement with ZF Lemforder Corporation 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)

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, 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. (Leigh Fibers, Inc. and ResMed, Inc.) - (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. Presentation of the FY 2010/2011 Capital Improvement Plan. (Action Requested: Render first reading to a Budget Ordinance to establish Capital Project Budgets for the 2010-2011 Budget Year of the Five-Year Capital Improvement Plan.)

B. Receive updated financial data and personnel vacancy report.

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

A. Update on 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 regarding activities of Public Works Department.

6. Old Business:

A. Render third 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.

B. Render third reading to an Ordinance to repeal Ordinance O-09-20 relating to provisions for False Alarms in its entirety.

C. 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 Cooper-Standard Automotive, Inc.; and other matters relating thereto including without limitation, payment of a fee in lieu of taxes and granting certain infrastructure credits to Cooper-Standard Automotive, Inc.

D. Render second reading to an Ordinance to amend the jointly owned and operated industrial business park in conjunction with Cherokee County, dated as of April 20, 2009; such industrial/business park being located in Spartanburg County and established pursuant to the South Carolina Code of Laws of 1976 Section 4-1-170, et. Sequitur, as amended; to provide for a written agreement with Cherokee County providing for the expenses of the park, the percentage of revenue application, and the distribution of fees in lieu of ad valorem tax to the counties and relevant taxing entities; and, to provide that jobs tax credits allowed by law be provided for industries locating in said park, and to permit a user fee in lieu of ad valorem taxation. (Cooper-Standard Automotive, Inc.)

E. Render second reading to an Ordinance authorizing a Trust Indenture, Loan Agreement and Mortgage up to $6,500,000 Spartanburg County Revenue Bonds (Country Club Road ALF, LLC Project), Series 2010A and $800,000 Spartanburg County Revenue Bonds (Country Club Road ALF, LLC Project), Taxable Series 2010B. The bonds to be issued in this project shall be limited obligations of the county, payable solely from the revenues and other amounts derived from the project and shall not under any circumstances be deemed to constitute a general obligation of the county. The bonds do not and shall never constitute an indebtedness of the county within the meaning of any state constitutional provisions or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing power.

F. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, March 6, 2010 until midnight for a drag race at 1792 Dragway Road, Greer.

G. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, March 20, 2010 until midnight for a drag race at 1792 Dragway Road, Greer.

7. New Business

A. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, April 3, 2010 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 Greer Dragway from 4:00 p.m. on Saturday, April 17, 2010 until midnight for a drag race at 1792 Dragway Road, Greer.

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

Budget Work Session has been scheduled Thursday, March 4, from 9:00 a.m. until 1:00 p.m. in Conference Room Two.

10. Approval of Minutes: January 25, 2010 (Regular Meeting)

11. Adjourn