May 21, 2007

Spartanburg County Council met on Monday, May 21, 2007, 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, O’Neal Mintz, David Britt, Rock Adams, Dale Culbreth, and Tom Foster, 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.

Chairman Horton called the meeting to order.

Invocation was rendered by Rev. Tommy Sparks, Ben Avon Baptist Church. Chief Larry Brady, North Spartanburg Fire Department, led in reciting the Pledge of Allegiance.

II.

A. Motion made by Mr. Foster to adopt a Resolution declaring May as Mental Health Month. Motion seconded by Mr. Britt and carried.

III.

A. Chairman Horton declared open a public hearing to consider the adoption of an annual operating budget for Spartanburg County for the Fiscal Year 2007 – 2008. No one appeared, and the matter was closed.

B. Chairman Horton declared open a public hearing to consider the adoption of the Capital Budget for Fiscal Year 2007-2008, to implement the first year of the five-year Capital Improvement Plan. No one appeared, and the matter was closed.

IV.

A. Ms. Trez Clarke, Mental Health America of the Piedmont, could not be present. A Representative from Mental Health America of the Piedmont presented “Mental Wellness Calendars” to County Council in honor of Mental Health Month.

B. Mr. Scott Wilson, 114 Monks Grove Church Road, appeared in reference to Monks Grove Church Road. Mr. Wilson does not want to voluntarily sell his property to the County for the Monks Grove Church Road Project. He requested that road improvements be made in another way.

Economic Recruitment and Development Committee – (Honorable David Britt, Chairman)

A. Motion made by Mr. Britt to render second reading to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and among Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC and their assignees and one or more sponsors; and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes. Motion seconded by Mr. Adams and carried.

B. Motion made by Mr. Britt to render second reading to an Ordinance authorizing the execution and delivery of an agreement between Spartanburg County, South Carolina and Adidas Sales, Inc., OBP Spartanburg, LLC, their assignees and one or more sponsors granting certain Special Source Credits. Motion seconded by Mr. Culbreth and carried.

Public Health and Human Services Committee (Honorable Johnnye Code Stewart, Chairman)

No items scheduled.

Personnel and Finance Committee (Honorable Dale Culbreth, Chairman)

A. Mr. Chris Bever, Program Evaluation Manager, presented information in reference to the Accommodations Tax Advisory Committee Recommendations. A spreadsheet is included in backup detailing the Accommodations Tax Advisory Committee Recommendations and the Administrator’s Recommendations. Motion made by Mr. Culbreth to accept the recommendations. Motion seconded by Mr. Britt and carried.

B. Ms. Ruth Ann Eledge, Waters Consulting Group, presented an Employee Classification and Compensation Study Update. Presentation is enclosed in backup

C. Updated financial and personnel vacancy reports were received.

Livability Committee – (Honorable Tom Foster, Chairman)

A. Mr. Chris Story presented information in reference to proposed traffic calming program and policy. Motion made by Mr. Foster to adopt the traffic calming program and policy pilot program. Motion seconded by Mr. Adams and carried.

Public Safety and Judiciary Committee – (Honorable Rock Adams, Chairman)

A. Motion made by Mr. Mintz to render first reading to an Ordinance prohibiting loitering for purposes of soliciting prostitution or engaging in illegal drug activity in Spartanburg County. Motion seconded by Ms. Stewart and carried.

B. Motion made by Mr. Britt to render first reading to an Ordinance to prohibit the sale, manufacture, possession or delivery of certain drug paraphernalia in Spartanburg County. Motion seconded by Ms. Stewart and carried.

C. Information received regarding activities of the Building Codes Department.

Land Use Committee (Honorable Jeff Horton, Chairman)

A. Motion made by Mr. Horton to render first reading to an Ordinance amending the Spartanburg County Unified Land Management Ordinance (ULMO), Ordinance No. O-99-015, as amended, to require the removal of signs from within the right-of-way of any highway, county road, or public road, to establish procedure for such removal and to make other editorial corrections. Motion seconded by Mr. Mintz and carried. Mr. Mintz stated that we need something where they have to buy a permit to put out signs. They could come in and buy a permit and have 90 days. They could put the signs out at 5:00 p.m. on Friday and have to have them up by 8:00 a.m. Monday morning. You would need to have some minimum $5 fee to make sure we know who is putting these signs out. If they do not get them down, you could have enforcement make them take them down.

B. Updated Planning Department Reports on Development Activity were received.

Public Works, Buildings and Grounds Committee (Honorable O’Neal Mintz, Chairman)

A. Mr. Chris Story and Mr. Mike Garrett presented Information during committee meetings on the Monks Grove Church Road Project and a request for authorization to purchase necessary property through eminent domain procedures. Motion made by Mr. Mintz to give Administration authorization to instruct Staff to move forward with eminent domain procedures. Motion seconded by Mr. Foster and carried. Mr. Culbreth and Ms. Stewart opposed.

B. Information received regarding activities of the Public Works Department.

VI.

A. Motion made by Mr. Britt to render third reading to an Ordinance amending the Spartanburg County Unified Land Management Ordinance (ULMO), Ordinance Number O-99-015, as amended, to adjust the required spacing between buildings so as to allow for more efficient use of property while maintaining safety through the building code and to make certain other editorial corrections. Motion seconded by Mr. Foster and carried.

B. Motion made by Mr. Adams 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, 2007 and ending June 30, 2008; to provide for budget control of said appropriation by the Spartanburg County Council as amended per the previous discussions in the Work Session. Motion seconded by Mr. .Britt and carried. Mr. Mintz opposed.

C. Motion made by Mr. Adams to render second reading to Budget Ordinance to establish Capital Project Budgets for the 2007-2008 Budget Year of the Five-Year Capital Improvement Plan. Motion seconded by Mr. Foster and carried. Mr. Mintz opposed.

VII.

Mr. Breed stated that the County has a new Mobile Command Post outside available to tour. It was funded by about $400,000 of Homeland Security money. It will be situated at the SWAT competition this week.

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.

Motion made by Ms. Stewart to approve minutes of April 16, 2007 (Regular Meeting). Motion seconded by Mr. Foster and carried.

XI.

Meeting adjourned.

SPARTANBURG COUNTY COUNCIL

By:______________________________

Jeffrey A. Horton, Chairman

Attest:

__________________________

Deborah C. Ziegler

Clerk to Council