June 16, 2008
Spartanburg
County Council met on Monday, June 16, 2008, in the County
Council Chambers, 366 N. Church
Street, Spartanburg, SC,
at 5:30 p.m. The following attended: Honorable Jeff Horton,
Chairman; Honorables Michael Brown, 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.
I.
Chairman Horton
called the meeting to order.
Invocation was
rendered by Chaplain Jerry Clevenger.
Chaplain Clevenger also led in reciting the Pledge of Allegiance.
II.
- Motion made by Mr. Horton to adopt a Resolution
expressing recognition and appreciation for the pride and honor bestowed
upon Spartanburg County
by the achievements of Boiling Springs
High School’s Baseball Team,
The Bulldogs, for winning the 2008 4A State Championship. Motion seconded by Mr. Mintz and
carried. Dr. Scott Mercer, Boiling
Springs High School Principal, and Jeff Lipscomb, Head Coach, received Resolution.
- Motion made by Mr. Culbreth to adopt a Resolution proclaiming
June 2008 as National Homeownership Month in Spartanburg County. Motion seconded by Mr. Foster and
carried. Ms. Kathy Rivers,
Community and Economic Development Director, received Resolution.
- Chairman Horton recognized additional Graduates of
the Second Spartanburg County
Citizens’ Academy.
III.
A.
Chairman Horton declared open a public hearing
to consider an Ordinance to amend Ordinance No. 543, as previously amended by
Ordinance Nos. O-05-10 and O-05-20, relating to the Joint County Industrial
Park (Hillside Industrial Park) of Spartanburg and Union Counties so as to
enlarge the park. (Adidas Sales, Inc.) No one
appeared, and the matter was closed.
B.
Chairman Horton declared open a public hearing
to consider an Ordinance authorizing the amendment and restatement of Ordinance
No. O-07-17 authorizing the development of a Joint-County Industrial and Business
Park in Spartanburg
County in conjunction with Union
County. A written agreement with Union County to
provide for the manner by which expenses and revenues from such park will be
allocated, and a written agreement with the City of Spartanburg consenting to
the creation of such park and relating to the allocation and payment of certain
fee-in-lieu of tax revenues from said park.
(Easton (Lan-Yair) Multi-County Industrial Park) No one appeared, and the
matter was closed.
C.
Chairman Horton declared open a public hearing
to consider an Ordinance authorizing the execution and delivery of a fee
agreement between Spartanburg County
and Iljin America Corp. and other
matters relating thereto including without limitation payment of a fee–in-lieu
of taxes. No one appeared, and the
matter was closed.
D.
Chairman Horton declared open a public hearing
to consider an Ordinance to authorizing the Board of Fire Control of the Mayo Area Fire District in Spartanburg
County to issue General Obligation Bonds in
the principal amount of not exceeding $400,000 to be issued by the Mayo Area
Fire District subject to the results of a favorable referendum in the district;
and other matters relating thereto. No
one appeared, and the matter was closed.
E.
Chairman Horton declared open a public hearing
to consider an Ordinance finding that Woodruff-Roebuck
Water District may issue not exceeding $2,388,000 General
Obligation Bonds; to authorize Woodruff-Roebuck Water District Commission to
issue such bonds and to provide for the publication of notice of the said
finding and authorization. No one appeared,
and the matter was closed.
F.
Chairman Horton declared open a public hearing
to consider an Application for special Public Event Exclusion from the Noise
Ordinance requested by Austin D. Kelley Jr. from 5:00
p.m. until 8:00 p.m. on June 28, 2008, for a Neighborhood
Watch Block Party at 301, 303, and 305 North Celestial
Drive, Greer.
No one appeared, and the matter was closed.
IV.
No
appearances scheduled.
V.
Economic Recruitment and Development Committee – (Honorable David
Britt, Chairman)
A.
Motion made by Mr. Britt to authorize the County
Administrator to execute documents
related to a Right-of-Way transfer from Spartanburg
County to Duke Energy Carolinas,
LLC to allow for the relocation of utilities for the BMW expansion
project. Motion seconded by Mr. Foster
and carried.
Public Health and Human Services Committee (Honorable Jeff
Horton, Chairman)
A.
Mr. Chris Story, Mr. Don Arnold, Environmental
Enforcement Director, and Fire Marshal Bill Hall, presented information in
reference to an Ordinance to regulate Open Burning. Council directed
Administration to pursue the alternatives.
Personnel and Finance Committee (Honorable Dale Culbreth, Chairman)
A.
Motion made by Mr. Culbreth to adopt the
Spartanburg County Ethics Policy. Motion
seconded by Mr. Adams and carried.
B.
Updated financial and personnel vacancy reports
were received.
Livability Committee – (Honorable Tom Foster,
Chairman)
No items scheduled.
Public Safety and Judiciary Committee
– (Honorable Rock Adams, Chairman)
A.
Information received regarding activities of the
Building Codes Department.
Land Use Committee (Honorable Jeff Horton,
Chairman)
A.
Updated Planning Department Reports on
Development Activity were received.
Public Works, Buildings and Grounds Committee (Honorable O’Neal
Mintz, Chairman)
A.
Information received regarding activities of the
Public Works Department.
VI.
A.
Motion made by Mr. Britt to render third reading
to an Ordinance to amend the jointly owned and operated Industrial
Business Park
in conjunction with Union County,
dated as of July 11, 1994;
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 Union 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. (Lubrizol Advanced Materials, Inc. – Herald-Journal Industrial Park) Motion seconded by Mr.
Foster and carried.
B.
Motion made by Mr. Britt to render third reading
to an Ordinance as amended to establish Capital Project Budgets for the 2008-2009
Budget Year of the Five-Year Capital Improvement Plan. Motion seconded by Mr. Adams and carried. Motion made by Mr. Mintz to delete Amendments
2 and Amendments 3 of the Administrator’s Amendments relating to the fire
departments. Mr. Mintz stated that
Council needs to be consistent with all the fire departments. Mr. Mintz was advised that his motion would
need to be made under Item C as it relates to the Operating Budget. This motion could not be voted upon because
it did not relate to this item and another motion was on the floor. Motion made by Mr. Brown to amend the Capital
Improvement Budget as it relates to the County
Detention Center
to exclude the cost of construction for the Detention
Center with the understanding that
the cost of planning and design expenditures will remain in place with the
architectural firm at this time. Mr.
Haskell stated a motion and a second are on the floor to approve. Any other motion would be inappropriate until
the first motion is handled. Therefore,
this motion could not be voted upon, because there was another motion on the
floor. Mr. Gates stated that Council
still has to settle on a design. The
second hurdle would be to issue bonds.
We would probably not be seeking issue until early 2009. Council would then have to agree to the
issuance of the bonds. If Council
accepts this, the expenditure of the money is authorized, but at least two
additional items have to happen before anything begins. Design alternatives can still be reviewed and
changed during this time. Questions were
raised in regard to the proposed Water
Park. Mr. Gates stated the study is being paid out
of the current year. The Amendments on
the Capital Budget separated out the Water
Park specifically from the Westside
Regional Park. The Water
Park stands alone as a Capital
Project. It is in there at a total
amount of $650,000 to begin the planning at some point in FY09 the development
of the Water Park. The location and construction of the Water
Park are contingent on a Market and
Feasibility Study scheduled for completion in the summer of 2008. Mr. Gates stated that language can be written
into the enacting provisions of the Ordinance which set the condition up that
none of the money shall be expended until Council has accepted the findings of
the Water Park Market Analysis. Upon
such time as the Market Analysis is complete, and Council by vote accepts it, the
money appropriated in the Budget would be available. Motion made by Mr. Britt to amend his motion
to render third reading to an Ordinance as amended to establish Capital Project
Budgets for the 2008-2009 Budget Year of the Five-Year Capital Improvement Plan
with the enacting provisions included.
Motion seconded by Mr. Adams.
Motion carried. Mr. Brown, Mr.
Mintz, and Mr. Culbreth opposed.
C.
Motion made by Mr. Britt to render third reading
to a Budget Ordinance as amended relating to the fiscal Affairs of Spartanburg
County making appropriations therefore, levying taxes for the fiscal year
beginning July 1, 2008 and ending June 30, 2009; to provide for budget control
of said appropriation by the Spartanburg County Council. Motion seconded by Mr. Adams and
carried. Mr. Mintz stated he would like
to amend the Road Fee section of this Ordinance to take Seniors 67 years old
and up off. Motion seconded by Mr.
Culbreth. This motion could not be voted
upon because another motion was on the floor.
Mr. Mintz stated that he can do this and referenced an Attorney General’s
Opinion. Vote was taken on the motion
made by Mr. Britt and seconded by Mr. Adams to render third reading to Budget
Ordinance as amended relating to the fiscal Affairs of Spartanburg County
making appropriations therefore, levying taxes for the fiscal year beginning
July 1, 2008 and ending June 30, 2009; to provide for budget control of said
appropriation by the Spartanburg County Council. Mr. Brown, Mr. Mintz, and Mr. Culbreth
opposed.
D.
Motion made by Mr. Britt to render second
reading to an Ordinance to amend Ordinance No. 543, as previously amended by
Ordinance Nos. O-05-10 and O-05-20, relating to the Joint County Industrial
Park (Hillside Industrial Park) of Spartanburg and Union Counties so as to
enlarge the park. (Adidas Sales, Inc.) Motion
seconded by Mr. Adams and carried.
E.
Motion made by Mr. Britt to render second
reading to an Ordinance authorizing the amendment and restatement of Ordinance
No. O-07-17 authorizing the development of a Joint-County Industrial and Business
Park in Spartanburg
County in conjunction with Union
County. A written agreement with Union County to
provide for the manner by which expenses and revenues from such park will be
allocated, and a written agreement with the City of Spartanburg consenting to
the creation of such park and relating to the allocation and payment of certain
fee-in-lieu of tax revenues from said park.
(Easton (Lan-Yair) Multi-County Industrial Park) Motion seconded by Mr.
Foster and carried.
F.
Motion made by Mr. Britt to render second
reading to an Ordinance authorizing the execution and delivery of a fee
agreement between Spartanburg County
and Iljin America Corp. and other
matters relating thereto including without limitation payment of a fee–in-lieu
of taxes. Motion seconded by Mr. Adams
and carried.
G.
Motion made by Mr. Mintz to render second
reading to an Ordinance authorizing the Board of Fire Control of the Mayo Area Fire District in Spartanburg
County to issue General Obligation Bonds in
the principal amount of not exceeding $400,000 to be issued by the Mayo Area
Fire District subject to the results of a favorable referendum in the district;
and other matters relating thereto.
Motion seconded by Mr. Britt and carried.
H.
Motion made by Mr. Britt to render second
reading to an Ordinance finding that Woodruff-Roebuck
Water District may issue not exceeding $2,388,000 General
Obligation Bonds; to authorize Woodruff-Roebuck Water District Commission to
issue such bonds and to provide for the publication of notice of the said finding
and authorization. Motion seconded by
Mr. Foster and carried. Mr. Brown, Mr.
Mintz, and Mr. Culbreth opposed.
VII.
A.
Motion made by Mr. Britt to approve an
Application for special Public Event Exclusion from the Noise Ordinance
requested by Austin D. Kelley Jr. from 5:00 p.m. until 8:00 p.m. on June 28,
2008, for a Neighborhood Watch Block Party at 301, 303, and 305 North Celestial
Drive, 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 Spartanburg
County.
IX.
Mr. Mintz recommended considering
a mandate that all County vehicles and equipment be shut off when they are not
being used, except the equipment that is run in the winter by Roads and Bridges
and the Landfill when the temperature drops below freezing. Mr. Breed stated Public Works and Building
Codes have started working four ten
hour days per week in order to conserve fuel by not running the vehicles on
Friday. Mr. Breed suggested possibly coming
back with some alternatives to fuel consumption that might include some options
with regard to idling and maybe look at some of the other policies that the
County has in place regarding take home vehicles and the vehicles assigned to
various departments. Chairman Horton
requested that Administration handle this,
since this would not require a vote from Council. Mr. Mintz stated that he would like to
discuss Jails at the next meeting an also the Road Maintenance Fee.
X.
Motion made by Mr. Britt to approve minutes of May 13, 2008 (Special Meeting) and May 19, 2008 (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