FINAL AGENDA

SPARTANBURG COUNTY COUNCIL

GENERAL SESSION

MONDAY, MARCH 15, 2010

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. Community Development Citizens Advisory Committee

D. Lakewood Hills Special Tax District

E. Piedmont Community Actions Board

F. Poplar Springs Fire Service Area Board

G. Spartanburg County ULMO Board of Appeals

H. Spartanburg Memorial Auditorium Commission

I. Twin Lakes Special Tax District

III. Presentation on 40/30 Challenge. (Dr. John Stockwell, University of South Carolina Spartanburg, and David Cordeau, Chamber of Commerce, to present)

IV. Adjourn

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MARCH 15, 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 an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement and an infrastructure finance agreement by and between Spartanburg County, South Carolina and Leigh Fibers, Inc. with respect to certain economic development property in the county, whereby such property will be subject to certain payments in lieu of taxes, and Leigh Fibers Inc. will receive certain infrastructure credits in respect of its investment in related infrastructure; and other matters related thereto. (Mr. Carter Smith, Economic Futures Group, and Attorney Frank Davis, 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 execution and delivery of a fee in lieu of tax agreement by and between Spartanburg County, South Carolina and ZF Lemforder Corporation with respect to certain economic development property, whereby such property will be subject to certain payments in lieu of taxes; and other matters related thereto. (Mr. Carter Smith, Economic Futures Group, and Attorney Frank Davis, 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, MARCH 15, 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:

A. Receive information and take desired action in reference to Community Development Block Grant Program and Home Investment Partnerships Program Funding Recommendations. (Ms. Kathy Rivers, Director of Community Development Department, to present) – (Action Requested: Approval of FY 2010 Annual Action Plan)

III. Other

IV. Adjourn

AGENDA

PERSONNEL and FINANCE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MARCH 15, 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. Receive information and take desired action in reference to a Resolution authorizing the County Council of Spartanburg County to publish a notice of public hearing regarding whether it may be in the interest of the Hilltop Area Fire District for the Spartanburg County Council to authorize the Board of Fire Control to issue General Obligation Bonds of the fire district in the principal amount of not exceeding $790,000, and authorizing the form of such notice of public hearing. (Chief John Hall, Hilltop Area Fire District, and Dan McLeod, McNair Law Firm, will be in attendance to answer any questions) – (Action Requested: Adopt Resolution)

B. Receive information and take desired action in reference to an Ordinance amending Spartanburg County Ordinance Number O-05-04 which extends the date for filing returns and the payment of Spartanburg County property taxes for persons serving with United States Armed Forces or National Guard in or near a hazard duty zone in order to add Afghanistan as a hazard duty zone. (Honorable Sharon West, County Auditor, 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, MARCH 15, 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 Sustainability Initiatives. (Bill Barnet to present)

B. Introduction of Chris Jennings, Executive Director, Spartanburg Convention and Visitors Bureau, and tourism review.

C. Spartanburg Parks Commission Annual Report Presentation. (Bruce Johnson, Parks and Recreation Special Tax District Commission, to present)

III. Other

IV. Adjourn

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, MARCH 15, 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 and take desired action in reference to the acquisition of .5 acres of land for the Reidville EMS project. (Action Requested: Authorize purchase of property)

B. Receive information and take desired action in reference to authorizing the Commission of Julie Bentley, new Animal Control Officer, 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, MARCH 15, 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, MARCH 15, 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, MARCH 15, 2010, 5:30 P.M.

COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SPARTANBURG, SC

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

Invocation ………………………………………… Honorable O’Neal Mintz

Pledge of Allegiance

2. Presentations:

A. Resolution proclaiming April 4-10, 2010 as Community Development Block Grant Week in Spartanburg County. (Ms. Jamie Steed and Ms. Mallory Beckett, Chairs of CDBG Celebration, to receive)

B. Resolution proclaiming April as Fair Housing Month in Spartanburg County. (Ms. Charlene McKanic, Housing and Construction Services Manager, to receive)

C. Resolution proclaiming the week of April 11-17, 2010 as Telecommunicators Week. (Mr. Keith Lee and Staff to receive)

D. Resolution expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the achievements of Tiffany Lamkin of Spartanburg County Communications/9-1-1 in being named Telecommunicator-of-the-Year.

3. Conduct Public Hearings Pertaining to the Following:

A. To consider 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.

B. To consider 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.)

C. To consider 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.

D. To consider a Budget Ordinance to establish Capital Project Budgets for the 2010-2011 Budget Year of the Five-Year Capital Improvement Plan.

E. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Spartanburg Buddhist Center of SC, Inc. from 5:00 p.m. on Saturday, April 10, 2010 until midnight for a Cambodian New Year Celebration at 770 Bryant Road, Spartanburg.

F. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association from 10:00 a.m. on Friday, April 23, 2010 until 1:00 a.m. on Sunday, April 25, 2010 for a Water Festival with live band at 470 Fox Drive, Spartanburg.

G. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, May 8, 2010 until midnight for a drag race at 1792 Dragway Road, Greer.

H. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, May 29, 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 4:00 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 execution and delivery of a fee in lieu of tax agreement and an infrastructure finance agreement by and between Spartanburg County, South Carolina and Leigh Fibers, Inc. with respect to certain economic development property in the county, whereby such property will be subject to certain payments in lieu of taxes, and Leigh Fibers Inc. will receive certain infrastructure credits in respect of its investment in related infrastructure; and other matters related thereto. (Action Requested: Render first reading to Ordinance)

B. Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and between Spartanburg County, South Carolina and ZF Lemforder Corporation with respect to certain economic development property, whereby such property will be subject to certain payments in lieu of taxes; and other matters related thereto. (Action Requested: Render first reading to Ordinance)

PUBLIC HEALTH AND HUMAN SERVICES COMMITTEE –

Hon. Jane Hall, Chairman

A. Receive information and take desired action in reference to Community Development Block Grant Program and Home Investment Partnerships Program Funding Recommendations. (Action Requested: Approval of FY 2010 Annual Action Plan)

PERSONNEL and FINANCE COMMITTEE - Hon. Dale Culbreth, Chairman

B. Receive information and take desired action in reference to an Ordinance amending Spartanburg County Ordinance Number O-05-04 which extends the date for filing returns and the payment of Spartanburg County property taxes for persons serving with United States Armed Forces or National Guard in or near a hazard duty zone in order to add Afghanistan as a hazard duty zone. (Action Requested: Render first reading to Ordinance)

C. Receive updated financial data and personnel vacancy report.

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

A. Update on Sustainability Initiatives.

B. Introduction of Chris Jennings, Executive Director, Spartanburg Convention and Visitors Bureau, and tourism review.

C. Spartanburg Parks Commission Annual Report Presentation.

PUBLIC SAFETY AND JUDICIARY COMMITTEE –

Hon. Michael Brown, Chairman

A. Receive information and take desired action in reference to the acquisition of .5 acres of land for the Reidville EMS project. (Action Requested: Authorize purchase of property)

C. 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 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.

B. Render third 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.)

C. Render third 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.

D. 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. (Leigh Fibers, Inc. and ResMed, Inc.) - (Action Requested: Render first reading to Ordinance)

E. Render second reading to a Budget Ordinance to establish Capital Project Budgets for the 2010-2011 Budget Year of the Five-Year Capital Improvement Plan.

7. New Business

A. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Spartanburg Buddhist Center of SC, Inc. from 5:00 p.m. on Saturday, April 10, 2010 until midnight for a Cambodian New Year Celebration at 770 Bryant Road, Spartanburg.

B. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association from 10:00 a.m. on Friday, April 23, 2010 until 1:00 a.m. on Sunday, April 25, 2010 for a Water Festival with live band at 470 Fox Drive, Spartanburg.

C. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, May 8, 2010 until midnight for a drag race at 1792 Dragway Road, Greer.

D. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 4:00 p.m. on Saturday, May 29, 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

10. Approval of Minutes: February 8, 2010 (Regular Meeting)

11. Adjourn