May 15, 2006
Spartanburg
County Council met on Monday, May 15,
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 Dr. P. Randall Wright, Fernwood
Baptist Church. Mr. Emory Price led in reciting the Pledge of
Allegiance.
II.
- Motion made by Mr. Parker to adopt a Resolution expressing
recognition and appreciation for the benefits bestowed upon Spartanburg
County by Carebridge Adult Day Care Center for providing needed community
services for the elderly and disabled.
Motion seconded by Mr. Britt and carried. Ms. Joanne Rogers, Ms. Lynn Stevens, and
Ms. Paula Guest received Resolution.
- Motion made by Ms. Stewart to adopt a Resolution
proclaiming the month of May 2006 as Mental Health Month in Spartanburg
County. Motion seconded by Mr.
Britt and carried.
III.
A.
Chairman Horton declared open a public hearing
to consider a proposed Ordinance amending County Ordinance #O-99-015, as
amended, (The Unified Land Management Ordinance); providing a new Article
(Section 3.26) setting forth siting standards for the placement of Tattoo
Establishments in Spartanburg County; amending Table 3-Setbacks and Other
Requirements to include Section 3.26; and to add new definitions pertaining to
tattooing. Mr. Emory Price, 502
Royal Oak Drive, Spartanburg,
appeared on behalf of the Planning Commission.
The Planning Commission held their hearing on May 2, 2006, and recommends adoption of the Ordinance as
presented in draft format. They
discovered a couple of things at their public hearing, but did not feel the
need to change the draft. The only thing
that the draft Commission endorses that differs from the DHEC State regulations
are to add 500 feet distance separating each of these establishments, 500
distance between bars, and no home occupation can include a tattoo parlor. Endorsement and adoption of this statute
amendment was recommended on behalf of the Planning Commission. No one appeared in opposition, and the matter
was closed.
B.
Chairman Horton declared open a public hearing
to consider a proposed Resolution approving enlargement of the boundaries of
the Spartanburg Sanitary Sewer District to include a proposed commercial and
industrial Corporate Park
development. Mr. Larry Flynn, Flynn
& Kelly, P.A., appeared to request approval of this Resolution. Mr. Graham Rich, Director of Spartanburg
Sanitary Sewer District, Mr. Gene Jackson,
Director of Engineering, Spartanburg Sanitary Sewer District, and Mr. Bob
Benson were also present. No one
appeared in opposition, and the matter was closed.
C.
Chairman Horton declared open a public hearing
to consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Wompus Woods
Entertainment for July 3 and July 4 from 1:00 p.m. until midnight for Wompus
Fest, an outside Musical at 375 Whitney Highway, Highway 221 N. Mr. Tim Jones, Wompus Woods Entertainment,
appeared to request approval of this request.
No one appeared in opposition, and the matter was closed.
D.
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 June 24 from 1:00 p.m. until 11:30
p.m. for Quick 8 Drag Race at 1792 Dragway
Road. 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 July 8 from 1:00 p.m. until 11:30
p.m. for 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)
No items scheduled.
Personnel and Finance Committee (Honorable Ken Huckaby)
A.
Mr. Huckaby stated that several
Department Heads had appeared in reference to appeals and
other issues associated to proposed FY07 Budget. No action was taken. Action will not be taken until the June
meeting after reviewing the information.
B.
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)
- Motion made by Mr. Britt to adopt a Resolution authorizing
an Incentive and Inducement Agreement between Kohler Co. and Spartanburg
County, South Carolina,
involving an investment of approximately $5,000,000 and anticipated to
result in the creation of approximately 22 new full-time jobs. Motion seconded by Mr. Huckaby and
carried. Several Kohler officials
were present during committee meetings held earlier in the day. Kohler has been a longtime corporate
citizen of Spartanburg County.
- Motion made by Mr. Britt to adopt a Resolution
authorizing the execution and delivery of an inducement and millage rate
agreement by and between Spartanburg County, South Carolina, and Echostar
DBS Corporation, whereby, under certain conditions, Spartanburg County
will (1) execute a fee in lieu of tax agreement with Echostar DBS
Corporation with respect to a project to be established in the County,
whereby the project would be subject to payment of certain fees in lieu of
taxes, and (2) provide certain credits against such payments in
reimbursement of investment in related qualified infrastructure, and
providing for related matters.
Motion seconded by Mr. Nutt and carried. Mr. Britt stated this is the largest
economic development announcement and the number of jobs since BMW came
here in 1992. They plan to employee
approximately 1300 employees. Mr.
Britt expressed his thanks and appreciation for Mr. George Dean Johnson,
Johnson Development, and his team for helping to make this happen.
Public Safety and Judiciary Committee
– (Honorable Rock Adams, Chairman)
A. Information received regarding activities of
the Building Codes Department.
Land Use Committee (Honorable David Britt, Chairman)
A.
Mr. Rod Brown, GIS Manager, presented a Geographic
Information Systems (GIS) Update and Overview.
B.
Updated Planning Department Reports on
Development Activity were received.
Public Works, Buildings and Grounds Committee (Honorable
Frank Nutt, Chairman
A.
Mr. Nutt stated that a proposed Resolution by
Councilman Adams was discussed at length during the Public Works, Buildings and
Grounds Committee meeting pertaining to the action taken a couple of years ago
by Council in reference to sewer territories on the other side of Highway 101
near the Enoree River. It is being
proposed that the area be served by Greer Commission of Public Works. There has been some concern by residents in
the area that they would be required to annex into the City of Greer
should that happen. They appeared earlier
today, as well as the City Manager and the Mayor of Greer. Mr. Nutt asked the Greer City Manager and the
Mayor if they would be willing to put into writing to these residents the
statements made as it pertains to condemnation and eminent domain as you obtain
right-of-way in that area? They
respectfully asked that they not be put in a position where they would bind
future Councils. Mr. Nutt stated that Dr.
Jim Ruffing and Mr. Randy Schuler represented the
residents well during committee meetings, but he offered to give others the
opportunity to speak. Mr. Schuler
thanked Council for listening to them earlier and stated they would like to
provide an option. They would be glad to
speak with the two ladies that talked about making this happen with the sewer
to the District Five
School property at Den
House Road at any time to show them their proposal
on sewer services. Mr. Graham Rich,
Spartanburg Sanitary Sewer District, has provided documentation for them. He does not feel there is any need for annexation. Mr. Nutt stated that it might be advisable to
bring our Water and Sewer Advisory Committee back into this issue. They looked at this two years ago without
looking at the issues that have been brought up. This school is the issue. School District Five
is building a new school that is to be opened by Fall of 2007. Motion made by Mr. Nutt to approve a Resolution
expressing the opinion and recommendation of the Spartanburg County Council
regarding the providing of Sewer Service in Spartanburg
County within the area bounded by
Highway I-85 South on Highway 101 to Highway 296 and west to the Enoree
River, turning north following the Enoree
River to I-85. Mr. Nutt read the proposed Resolution. Motion seconded by Mr. Adams and
carried. Mr. Breed stated that this Resolution is not
repealing any action taken in June of 2004.
It is simply to clarify intent with regards to annexation. Mr. Haskell was asked to clarify for the
concerned residents. Mr. Haskell stated
that previously County Council adopted a Resolution setting forth its opinion
and position with respect to which entities would provide sewer service in the
described area. All this Resolution is
intended to do is to make clear County Council’s position that at the time it
took its original action and today, it did not intend to condition the
provision of sewer service in this area by the Greer Commission of Public Works
upon being annexed.
B.
Motion made by Mr. Nutt to approve a Resolution
approving enlargement of the boundaries of the Spartanburg Sanitary Sewer
District to include a proposed commercial and industrial Corporate Park
development. Motion seconded by Mr.
Britt and carried.
C.
Motion made by Mr. Nutt to approve a Resolution
ordering a public hearing to consider the enlargement of the Spartanburg
Sanitary Sewer District to include the Landrum High School property. Motion seconded by Mr. Huckaby and carried.
D.
Information received regarding activities of the
Public Works Department.
VI.
A. Motion made by Mr. Huckaby to
render third reading to an Ordinance consenting to a three-year extension of
the investment period for Sew-Eurodrive,
Inc. under its lease agreement with Spartanburg County pursuant to Section
4-12-30(C)(2), Code of Laws of South Carolina 1976, as amended. Motion seconded by Mr. Adams and carried.
B. Motion made by Mr. Britt to
render third reading to an Ordinance amending County Ordinance #O-99-015, as
amended, (The Unified Land Management Ordinance); providing a new Article
(Section 3.26) setting forth siting standards for the placement of Tattoo Establishments in Spartanburg
County; amending Table 3-Setbacks and Other Requirements to include Section
3.26; and to add new definitions pertaining to tattooing. Motion seconded by Mr. Huckaby and carried.
C. Motion made by Mr. Huckaby
to render second reading to a Budget
Ordinance relating to the fiscal affairs of Spartanburg County making
appropriations therefore, levying taxes for the fiscal year beginning July 1,
2006 and ending June 30, 2007; to provide for budget control of said
appropriation by the Spartanburg County Council. Motion seconded by Mr. Parker and
carried.
VII.
A.
Motion made by Mr. Britt to approve an
Application for special Public Event Exclusion from the Noise Ordinance
requested by Wompus Woods Entertainment for July 3 and July 4 from 1:00 p.m.
until midnight for Wompus Fest, an outside Musical at 375 Whitney Highway,
Highway 221 N. Motion seconded by Mr.
Nutt and carried.
B.
Motion made by Mr. Huckaby to approve an
Application for special Public Event Exclusion from the Noise Ordinance
requested by Greer Dragway for June 24 from 1:00 p.m. until 11:30 p.m. for Quick 8 Drag Race at 1792 Dragway
Road. Motion seconded by Mr. Adams and
carried.
C.
Motion made by Mr. Huckaby to approve an
Application for special Public Event Exclusion from the Noise Ordinance
requested by Greer Dragway for July 8 from 1:00 p.m. until 11:30 p.m. for 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.
No items scheduled.
X.
Motion made by Mr. Britt to approve minutes of April 17, 2006 (Regular 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