August 21, 2006
Spartanburg
County Council met on Monday, August
21, 2006, in the County Council Chambers, 366
N. Church Street, Spartanburg, SC,
at 5:30 p.m. The following attended: Honorable Jeff Horton,
Chairman; Honorables Johnnye Code-Stewart, Steve Parker, David
Britt, Rock Adams, Ken Huckaby, and Frank Nutt, Council
Members; along with Glenn Breed, County Administrator; Chris Story, Assistant
County Administrator; Tom Gates, Assistant County Administrator; and Edwin
Haskell, County Attorney.
In
compliance with the Freedom of Information Act, notice of this meeting was
provided in advance to the local news media and other interested parties.
I.
Chairman Horton
called the meeting to order.
Invocation was
rendered by Rev. Sam Davis, Associate Pastor, First
Baptist Church. Chief Larry Brady, North Spartanburg Fire and
Emergency Services, led in reciting the Pledge of Allegiance.
II.
No
presentations were scheduled.
III.
A.
Chairman Horton declared open a public hearing
to consider a proposed
Ordinance to change the assessment of Aircraft subject to ad valorem taxation
in Spartanburg County from a 10.5%
assessment ratio to a 4% assessment ratio.
No one appeared, and the matter was closed.
B.
Chairman Horton declared open a public hearing to
consider a proposed Ordinance to regulate the sale and possession of copper;
copper products and equipment containing copper; to establish reporting and
recordation requirements when copper related products are purchased and/or
transferred; to prohibit the burning of copper wiring; and to establish
criminal penalties for violation. Ms.
Lynn Sellers, caretaker at the Saxon Mill Phillips Fiber Plant, appeared to
speak in favor of this Ordinance. Ms.
Sellers stated a tremendous amount of copper has been stolen from Saxon Mill. The matter was closed.
C.
Chairman Horton declared open a public hearing to
consider a proposed Ordinance to develop a jointly owned and operated
Industrial/Business Park in conjunction with Union County, such Industrial/Business
Park to be geographically located in Union County and established pursuant to
Sec. 4-1-170 of the Code of Laws of South Carolina 1976, as amended; to provide
for a written agreement with Union County to provide for the expenses of the
park, the percentage of revenue application, and the distribution of fees in
lieu of ad valorem taxation; and other matters related thereto. (LSP
Automotive Systems, LLC) No one
appeared, and the matter was closed.
D.
Chairman Horton declared open a public hearing to
consider a proposed Resolution in support of the issuance by the South Carolina
Jobs-Economic Development Authority of its Economic Development Revenue Bonds (Goodwill Industries of Upper South
Carolina, Inc. Project) Series 2006, pursuant to the provisions of Title
41, Chapter 43, of the Code of Laws of South Carolina 1976, as amended, in the
aggregate principal amount of not exceeding $14,000,000. No one appeared, and the matter was closed.
E.
Chairman Horton declared open a public hearing
to consider an Application for special Public Event Exclusion from the Noise
Ordinance requested by Greer Dragway for September 9 from 12:00 noon
until 11:30 p.m. for a Drag Race at 1792
Dragway Road.
No one appeared, and the matter was closed.
IV.
No appearances
scheduled.
V.
Public Health and Human Services Committee (Honorable
Johnnye Code Stewart, Chairman)
- Mr. Jimmy Greene, Director of EMS, Transportation and
Regional One, presented an update on Spartanburg
County’s Transportation
Services Bureau for information. No
action was taken. Presentation is
enclosed in backup.
Personnel and Finance Committee (Honorable Ken Huckaby)
A.
Motion made by Mr. Huckaby to approve the
Accommodations Tax Advisory Committee Recommendations for total disbursements
of $290,000. Motion seconded by Mr.
Britt and carried.
B.
Motion made by Mr. Huckaby to adopt a Resolution
to enhance procurement efficiencies and authorize corporate purchasing
cards. Motion seconded by Mr. Britt and
carried. This will help reduce the cost
in preparing and issuing purchase orders and checks. These cards will be used for small purchases
under $1500.
C.
Updated financial and personnel vacancy reports
were received.
Recreation Committee – (Honorable Jeff Horton, Chairman)
No items scheduled.
Economic Recruitment and Development Committee – (Honorable David
Britt, Chairman)
- Item in reference to Project Form Fill was removed
from the agenda and carried over to a future date if it is necessary.
- Motion made by Mr. Britt to adopt a Resolution in
support of the issuance by the South Carolina Jobs-Economic Development
Authority of its Economic Development Revenue Bonds (Goodwill Industries of Upper South Carolina, Inc. Project)
Series 2006, pursuant to the provisions of Title 41, Chapter 43, of the
Code of Laws of South Carolina 1976, as amended, in the aggregate
principal amount of not exceeding $14,000,000. Motion seconded by Mr. Adams and
carried.
- Motion made by Mr. Britt to adopt a Resolution to
endorse the 2006 Annual Progress Report to the Comprehensive Economic
Development Strategy Plan from the South Carolina Appalachian Council of
Governments and to request that the Economic Development
Administration continue its designation of the South
Carolina Appalachian Region as an Economic Development District. Motion seconded by Mr. Huckaby and
carried.
Public Safety and Judiciary Committee
– (Honorable Rock Adams, Chairman)
A.
Motion made by Mr. Adams to approve a request
from North Spartanburg Fire and Emergency Services District for reauthorization
to maintain current millage levy at 22 mills.
Motion seconded by Mr. Huckaby and carried.
B.
Motion made by Mr. Adams to render second
reading to an Ordinance to regulate the sale and possession of copper, copper
products and equipment containing copper; to establish reporting and
recordation requirements when copper related products are purchased and/or
transferred; to prohibit the burning of copper wiring; and to establish
criminal penalties for violation. Motion
seconded by Mr. Britt and carried. Mr.
Haskell stated that the only difference between the fifth and the sixth draft
of this Ordinance is that the sixth draft references in Section 1 an
identification card containing a photograph and requires that the identification
card be issued by the State of South Carolina.
C.
Information received regarding activities of the
Building Codes Department.
Land Use Committee (Honorable David Britt, Chairman)
A.
Updated Planning Department Reports on
Development Activity were received.
Public Works, Buildings and Grounds Committee (Honorable
Frank Nutt, Chairman
A.
Motion made by Mr. Nutt to authorize Staff to
take title of the property in Woodruff purchased by EMS
for an EMS substation in the name of the County. Motion seconded by Mr. Adams and
carried.
B.
Information received regarding activities of the
Public Works Department.
VI.
A.
Motion made by Mr. Britt to render third reading
to an Ordinance to develop a jointly owned and operated Industrial/Business
Park in conjunction with Union County, such Industrial/Business Park to be
geographically located in Union County and established pursuant to Sec. 4-1-170
of the Code of Laws of South Carolina 1976, as amended; to provide for a
written agreement with Union County to provide for the expenses of the park,
the percentage of revenue application, and the distribution of fees in lieu of
ad valorem taxation; and other matters related thereto. (LSP
Automotive Systems, LLC) Motion
seconded by Mr. Adams and carried.
B.
Motion made by Mr. Britt to render second reading
to an Ordinance to change the assessment of Aircraft subject to ad valorem
taxation in Spartanburg County from a 10.5% assessment ratio to a 4% assessment
ratio. Motion seconded by Mr. Adams and
carried.
VII.
A.
Motion made by Mr. Huckaby to approve an
Application for special Public Event Exclusion from the Noise Ordinance
requested by Greer Dragway for September 9 from 12:00 noon until 11:30 p.m. for
a Drag Race at 1792 Dragway Road. Motion
seconded by Mr. Adams and carried.
VIII.
All resolutions, ordinances,
agreements, petitions and related documents which were read and approved by
Council at this meeting for the financing of certain industrial or similar
revenue bonds or notes, are incorporated in these minutes by reference as if
fully set forth herein. The reference is
to all such documents showing execution by the county on the date of this
meeting included in the office of the Clerk of Court for Spartanburg
County.
IX.
Mr. Nutt stated that several phone
calls have been received from the people in Abner Creek regarding the situation
with the City of Greer, the City of
Reidville,
and all those things that are coming into play out there. He stated that it is his understanding now
that the City of Greer and the
Commission of Public Works have proceeded to initiate condemnation on some of
those properties. They had previously
stated that they had never done that and had no intentions of doing it. Mr. Nutt recommended giving the people out
there another option on the sewer. He
stated that he thinks Council needs to go back and correct what they did two
years ago when they passed a Resolution authorizing that area to be served by
Greer Commission of Public Works for sewer rather than the Sewer District of
Spartanburg. No mention of anything
related to annexation was mentioned at that time. Mr. Nutt recommended starting procedure today
to correct it. Motion was made by Mr.
Nutt that County Administration be directed to contact the Spartanburg Sanitary
Sewer District and advise it that County Council plans to annex the area into
the Sewer District and that Administration be directed to coordinate the
preparation of the legal documents required to effect the annexation with the
Spartanburg Sanitary Sewer District for presentation to County Council at its
next regularly scheduled meeting. The
area to be annexed is generally described as bounded on the west by Enoree
River, on the south by Reidville
Road or Highway 296, on the east by Highway 101,
and on the north by generally that area that is not now served by sewer. A legal description of what needs to be
annexed will need to be developed using the Sewer Department’s personnel and
legal department and our legal department.
Motion seconded by Mr. Britt. Mr.
Britt stated that last month he thought there was an understanding from Greer
Commission of Public Works, Greer, Reidville, and the POAGA Group that Council
would try to back off and have some time to study this and try to come to some
resolution. The movement last week of
Greer sending the letters out with the condemnation word is the reason he is
supporting this motion. Mr. Britt stated
the School District does not have a preference on who
provides the sewer service. Mr. Huckaby
stated that the people have a recourse to appeal the condemnation in
Court. Mr. Huckaby asked who will pay
the City of Greer if the County is
sued for the amount Greer has spent. Mr.
Haskell stated there are two steps in condemnation. The first step is the condemnation for a
proper legal purpose. At that stage, you
can allege any legal objections as to whether the condemnation is proper. If the condemning authority gets past that
step, then the only issue is the amount of compensation to be paid for the
property. Mr. Nutt stated that there is
another cure. The Greer representatives
told Council a month or so ago that they were doing this as a matter of
policy. All they have to do is change
their policy. They have told us they are
not going to change their policy. He
feels it is a matter of private property rights and feels Council needs to give
them the tools they need and let them make the choice. Mr. Nutt restated his motion and stated the
procedure to be followed is: (1) Adopt
motion to rescind the part of the previous resolution adopting the findings and
recommendations of the Sewer Advisory Committee which assigns the proposed
annexed area to Greer; (2) Adopt resolution calling for a public hearing on the
proposed annexation (written resolution and legal description would need to be
coordinated with the Sewer District and placed on agenda); (3) At the meeting
following step 2, conduct public hearing on proposed annexation; (4) After
public hearing, adopt resolution effecting the annexation; and (5) Notice of
council action would need to be published once a week for two consecutive weeks
in paper of general circulation in the county.
Chairman Horton stated that Greer has told Council that they have spent
significant money in engineering this site, and they will want
compensation. Chairman Horton asked Mr.
Haskell if the County is sued by Greer for monies they have spent, would he be
able to defend it, when, and where would the money come from to fund this. Mr. Haskell stated the theory would be that
they relied on that previous Resolution when the area was assigned to them, and
they spent money to try to develop plans to provide service in that area. If Council later took action to prevent them
from serving the area, they would claim whatever damages they have sustained as
a result of relying on the initial assignment by Council. Mr. Haskell stated that he cannot predict
what would happen, but they could make out a claim on the basis described. Mr. Haskell does not think it would be
covered by tort liability insurance. If
there is no coverage, the County would have to budget to pay it at some point
in the future. Mr. Nutt stated that our
defense would be that it was approved on the basis of one thing, and they did
something else. Chairman Horton stated
if the boundaries are changed is there any guarantee that Spartanburg Sanitary
Sewer District wants it. Mr. Nutt stated
that they will come forward and say yes or no.
Chairman Horton stated that Greer is going to look to someone to
reimburse them for the money they have spent.
If Spartanburg Sanitary Sewer District does not reimburse them, it will
be back on Council to find whatever money it may be to reimburse Greer for the
monies spent based on the action in 2004.
Mr. Steve Evatt stated that he would like to clarify some of the
questions raised. Mr. Evatt stated the
issue is that a municipality has the authority to serve inside or outside of
their city limits. This municipality has
served gas and water at least outside of the city limits, sewer not likely, because
no one wants to serve sewer unless they have a good reason. Sewer is never a profit maker. For this reason, we have special purpose
districts in municipalities that provide sewer.
Treatment from Western Carolina is a separate and
a neutral item. Western Carolina
Regional Sewer Authority treating the sewer can receive the sewer from whoever
is collecting the sewer and makes the negotiation to sell it to them. The major question is whether or not you are
going to Spartanburg Sanitary Sewer District.
Spartanburg Sanitary Sewer District charges about eight to twelve
mills. If they are brought into the City
of Greer, every property owner will
be a member of the City of Greer. They will be charged at the current levy of
approximately 98 mills. This was not on
the table two years ago and was not a question.
Mr. Evatt stated that it was not his intention in 2004 for Greer to use
this as an annexation tool. He did not
have any idea any annexation whatsoever was going to take place. Chairman Horton and Mr. Haskell cautioned
Council about the possibility of being sued by the City of Greer
if this motion passes. Motion carried
four to three. Chairman Horton, Mr.
Parker, and Mr. Huckaby opposed.
X.
Motion made by Mr. Britt to approve minutes of July 17, 2006 (Regular Meeting) and July 19, 2006 (Special Meeting). Motion seconded by Ms. Stewart and
carried.
XI.
Meeting adjourned.
SPARTANBURG
COUNTY COUNCIL
By:______________________________
Jeffrey
A. Horton, Chairman
Attest:
__________________________
Deborah C. Ziegler
Clerk to Council