Spartanburg
County Council met on
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. Jerry Armstrong,
II.
III.
A. Chairman Horton declared open a public hearing to consider 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. No one appeared, and the matter was closed.
B. Chairman Horton declared open a public hearing to consider 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. No one appeared, and the matter was closed.
C. Chairman Horton declared open a public hearing to consider an Ordinance authorizing the amendment of the fee in lieu of tax agreement between Spartanburg County, South Carolina (The “County”) and Echostar DBS Corporation (The “Company”) to confirm the inclusion of the Landlord’s Capital Investment within the project, to correct the commencement date of the annual FILOT payments and to make certain other technical corrections; and other matters relating to the foregoing. No one appeared, and the matter was closed.
D. Chairman Horton declared open a public hearing to consider the proposed enactment of an ordinance authorizing the execution and delivery of a fee in lieu of tax agreement by and between Spartanburg County, South Carolina and Richard Fritz, Inc. 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. 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
IV.
Mr. Rick Fowler
appeared to speak against the Hospitality Tax.
Mr. Fowler lives in
V.
Economic Recruitment and Development Committee – (Honorable
A. Motion made by Mr. Britt to render third 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. Foster and carried.
B.
Motion made by Mr. Britt to render third 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.
C.
Motion made by Mr. Britt to adopt a Resolution
authorizing the County’s execution and delivery of an amendment to an existing
lease agreement dated as of December 1, 1988 between Spartanburg County, South
Carolina and Michelin North America,
Inc. Motion seconded by Mr. Foster
and carried.
D.
Motion made by Mr. Britt to render first reading
to an Ordinance authorizing the execution and delivery of an amendment to an
existing fee in lieu of tax agreement by and between
E. Motion made by Mr. Britt to render first reading to an Ordinance to develop a jointly owned and operated Business Park in conjunction with Union County and to authorize a written agreement with Union County to provide for the manner by which expenses and revenues from such park will be allocated, and to authorize a negotiated user fee in lieu of ad valorem taxation. (Michelin) Motion seconded by Mr. Foster and carried.
F. Motion made by Mr. Britt to render first reading to an Ordinance authorizing the assignment of an Inducement Agreement and the execution and delivery of a fee agreement between Spartanburg County, South Carolina and NURRC, LLC providing for a payment of a fee in lieu of taxes. Motion seconded by Mr. Foster and carried.
G.
Motion made by Mr. Britt to render first reading
to an Ordinance to amend that certain agreement for the development of a joint
H. Motion made by Mr. Britt to render first reading to an Ordinance authorizing the execution and delivery of an amended Fee Agreement by and between Spartanburg County and Project 701, its affiliates and assigns, to provide for an amendment to the existing fee in lieu of ad valorem taxes incentive, to include the grant of certain infrastructure credits as part of the fee-in-lieu of taxes arrangement, and other matters thereto related. Motion seconded by Mr. Foster and carried.
Public Health and Human Services Committee (Honorable Johnnye Code Stewart, Chairman)
A. Mr. Tom Gates presented an update on Victor Mill Status. An Executive Summary of the Phase 1 Environmental Assessment of the Victor Mill site was presented. Phase 1 conditions on site lead to believe Phase II should be conducted. Work is being done with Environmental Protection Agency (EPA) to locate a grant for Phase II. This report was received as information.
Personnel and Finance Committee (Honorable Dale Culbreth, Chairman)
A. Mr. Chris Bever presented an update on the Capital Program.
B. Motion made by Mr. Culbreth to adopt a Resolution to authorize a project scope change, Courthouse Chiller Replacement Project (CB0004), part of the FY 2007-08 adopted Capital Budget. Motion seconded by Mr. Britt and carried.
C. Mr. Tom Gates presented information on County Bond Rating Status. The County has a AA rating.
D. Motion made by Mr. Culbreth to grant a request from R. D. Anderson Vocational for a School Resource Officer and to authorize the County Administrator to execute the agreement. Motion seconded by Mr. Adams and carried.
E.
No action was taken in reference to the Resolution
calling for a public hearing to be held upon the question of the issuance of a
not exceeding $2,000,000
F.
Motion made by Mr. Culbreth to render first
reading to an Ordinance finding that Boiling Springs Fire District may issue a
not exceeding $2,000,000
G. Updated financial and personnel vacancy reports were received.
Livability Committee – (Honorable
A. Ms. Kathy Rivers presented information in reference to the First Spartanburg County Citizens’ Academy. This will be an eight week course offering information on services provided by the County.
Public Safety and Judiciary Committee – (Honorable Rock Adams, Chairman)
A. Motion made by Mr. Adams to authorize the Commission of Christopher Massey, the new Assistant Director of the Spartanburg County Emergency Services Academy (ESA), as a County Enforcement Officer of Spartanburg County. Motion seconded by Mr. Mintz and carried.
B. Information received regarding activities of the Building Codes Department.
Land Use Committee (Honorable
A. Motion made by Chairman Horton to render first reading to an Ordinance amending the Spartanburg County Unified Land Management Ordinance, Ordinance No. O-99-015, as amended, to allow for mixed use projects and traditional neighborhood design based developments. Motion seconded by Mr. Adams and carried.
B. Updated Planning Department Reports on Development Activity were received.
A.
Information received regarding activities of the
Public Works Department.
VI.
A.
Motion made by Mr. Culbreth to amend the
Ordinance to establish and collect a local Hospitality Tax in Spartanburg
County, South Carolina, to exclude people 65 years and older. Motion seconded by Mr. Foster. Mr. Haskell stated that his first impression
is that you could not exclude people 65 years and older. You would have to treat all people similarly,
unless we could come up with some rationale basis for the exclusion. Mr. Culbreth stated that he was told
previously that you could make exclusions to taxes. Mr. Haskell stated that if Council wants a
legal opinion, he would have to take it under advisement and look at it further
to make sure he advises correctly. Mr.
Culbreth suggested tabling this motion.
Motion made by Mr. Culbreth to table third reading of the Ordinance. Motion seconded by Mr. Foster. Mr. Britt asked if there is any time period
we are under to pass the Ordinance. Mr.
Gates stated the materials are being processed to start the Hospitality Tax on
B. Motion made by Mr. Britt to render third reading to an Ordinance authorizing a fee-in-lieu of tax arrangement on behalf of Mack Molding Company, Inc. (The “Corporation”) pursuant to a fee agreement between Spartanburg County, South Carolina (The “County”) and the Corporation; and other matters relating to the foregoing. Motion seconded by Mr. Foster and carried.
C.
Motion made by Mr. Foster to render third
reading to an Ordinance to provide for the issuance and sale of not exceeding
four million dollars ($4,000,000)
D. Motion made by Mr. Britt to render second reading to an Ordinance authorizing the amendment of the fee in lieu of tax agreement between Spartanburg County, South Carolina (The “County”) and Echostar DBS Corporation (The “Company”) to confirm the inclusion of the Landlord’s Capital Investment within the project, to correct the commencement date of the annual FILOT payments and to make certain other technical corrections; and other matters relating to the foregoing. Motion seconded by Mr. Foster and carried.
E.
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 between Spartanburg County, South Carolina and Richard Fritz, Inc. 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. Motion seconded by Mr. Foster and carried.
VII.
A. Motion made by Mr. Culbreth to approve an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway for November 17, 2007, from 9:00 a.m. until 11:30 p.m. for a Drag Race at 1792 Dragway Road, Greer. Motion seconded by Mr. Foster 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
IX.
No items scheduled.
X.
Motion made by Mr. Britt to approve minutes of
XI.
Motion made by Mr. Foster to adjourn. Motion seconded by Mr. Britt and carried.
By:______________________________
Jeffrey A. Horton, Chairman
Attest:
__________________________
Deborah C. Ziegler
Clerk to Council