March 16, 2009
Spartanburg
County Council met on Monday, March 16, 2009, 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, Jane Hall,
Dale Culbreth, and Tom Foster,
Council Members; along with Glenn Breed, County Administrator; Chris Story,
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.
Mr. Don Bramblett led in reciting the Pledge of Allegiance.
II.
A.
Motion made by Mr. Britt to adopt a Resolution
proclaiming April 12-18, 2009 as Community Development Block Grant Week in
Spartanburg County. Motion seconded by
Mr. Foster and carried. Ms. Hall
presented the Resolution to Ms. Kathy Rivers, Director of Community &
Economic Development Department.
B.
Motion made by Mr. Foster to adopt a Resolution
proclaiming April as Fair Housing Month in Spartanburg
County. Motion seconded by Mr. Culbreth and
carried. Mr. Brown presented the
Resolution to Ms. Kathy Rivers, Director of Community & Economic
Development Department.
C.
Chairman Horton recognized the Graduates of the
Project Civics Class at Broome High
School.
III.
A.
Chairman Horton declared open a public hearing
to consider an Ordinance to amend the Storm Water Management Ordinance. Mr. Freeman Wills of 240
Archibald Road, Chesnee, appeared. Mr. Wills stated a comprehensive map that
reveals all hazards to the respective buyer or builder needs to be in place to
protect citizens that are not aware of the danger they might place themselves
in and do not have the ability to defend themselves. Mr. Don Miles of 9 Forest Oaks Way, Spartanburg,
appeared on behalf of the League of Women Voters of Spartanburg County. A handout containing Mr. Miles’ comments is
included in backup. Mr. Miles addressed
Council about the importance of adopting a comprehensive and strong Storm Water
Management Ordinance. Ms. Mary
Walter of 1237 Farragut Drive,
Spartanburg, appeared. Ms. Walter is the Director of SPACE (The
Spartanburg Area Conservancy Citizens Preserving Greenspace). The main point Ms. Walter wanted to talk
about was the riparian buffer. They
would like to see the buffer increased to a minimum of 50 feet. Handout is included in backup. Ms. Angela Viney of 309
West Hampton Avenue, Director of Upstate Forever,
appeared to urge Council to pass a strong and effective Storm Water Ordinance
that protects the citizens of Spartanburg
County. Handout is included in backup. Mr. Roger Nutt of 514
Shady Tree Court, Moore,
appeared to thank County Council and Staff for
their work on this Ordinance. Mr. Nutt
stated a balance has been reached from economic, environmental, and regulatory
concerns. Mr. Don Bramblett, 360
Rock Bottom Circle, Clifton,
appeared. Mr. Bramblett owns frontage
along the Pacolet River
and appreciates everyone working on this Ordinance. He was taken aback by the two extremes on
this issue, but felt Mr. Sadler brought forth helpful information at the
January meeting.
B.
Chairman Horton declared open a public hearing
to consider the proposed lease of certain property located at 280
North Craft Street, Wellford, to the Town of Wellford
for recreation purposes. No one
appeared, and the matter was closed.
C.
Chairman Horton declared open a public hearing
to consider an Ordinance to provide for certain amendments to industrial and business park agreements between
Spartanburg County and Union County in connection with the distribution of fee
in lieu of tax revenues within Spartanburg County, and other matters related
thereto. No one appeared, and the matter
was closed.
D.
Chairman Horton declared open a public hearing
to consider an Ordinance to provide for the Order of Distribution of fee in
lieu of tax revenues generated from Spartanburg County parcels located in
certain joint county industrial and business parks, and other matters related
thereto in support of the Economic
Futures Group. No one appeared, and
the matter was closed.
E.
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 between Spartanburg County, South Carolina
and Rochling Automotive Duncan, LLP 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.
IV.
No appearances
scheduled.
V.
Economic Recruitment and Development Committee – (Honorable David
Britt, Chairman)
A.
Motion made by Mr. Britt to adopt a Resolution
authorizing the execution and delivery of an Inducement Agreement by and
between Spartanburg County, South Carolina and
Wal-Mart Stores East, LP, whereby,
under certain conditions, Spartanburg County will execute a fee in lieu of tax
agreement for a project involving not less than thirteen million five hundred
thousand dollars ($13,500,000) investment subject to the exception of our
standard indemnification language that is normally in our contracts. Our County
Attorney and Wal-Mart’s Attorney have
worked out this language to the satisfaction of both parties. Motion seconded by Mr. Foster and
carried. Report by County Attorney’s
Office: Company has requested the
following exception to limit the scope of indemnification of the County for any
claims that may arise from the project:
“Notwithstanding anything to the contrary contained herein, nothing in
this agreement between the County and the Company will be intended to obligate
the Company to indemnify the County from claims, liabilities or losses for
which it is not liable pursuant to Section 15-78-200 of the South Carolina
Torts Claim Act. The indemnity
obligations of the Company shall be secondary to any coverage provided to the
County through the South Carolina Insurance
Reserve Fund, or successor insurer, and the Company shall have no obligation to
reimburse the Insurance Reserve Fund for its primary coverage.”
B.
Motion made by Mr. Britt to render first reading
by title to an Ordinance authorizing the execution and delivery of a fee agreement
by and between Spartanburg County, South Carolina
and Wal-Mart Stores East, LP,
whereby, under certain conditions, Spartanburg County will execute a fee in
lieu of tax agreement for a project involving not less than thirteen million
five hundred thousand dollars ($13,500,000) investment and a special source
revenue credit subject to the exception of our standard indemnification
language that is normally in our contracts.
Our County Attorney
and Wal-Mart’s Attorney have worked out this language to the satisfaction of
both parties. Motion seconded by Mr.
Foster and carried.
Public Health and Human Services Committee (Honorable Jeff
Horton, Chairman)
A.
Ms. Kathy Rivers, Director of Spartanburg County
Community Development, presented information in reference to the Community
Development Block Grant Program, Home Investment Partnerships Program, and
American Dream Down Payment Initiative Funding Recommendations. Motion made by Ms. Hall to approve the FY
2009 Annual Action Plan. Motion seconded
by Mr. Mintz and carried.
B.
Motion made by Ms. Hall to authorize the County
Administrator to execute the
Memorandum of Understanding to facilitate the redevelopment of Victor
Mill. Motion seconded by Mr. Foster and
carried.
Personnel and Finance Committee (Honorable Dale Culbreth,
Chairman)
A.
Mr. Cole Alverson, Program Evaluation Manager,
presented the FY 2008/09 Capital Improvement Plan Status Report. The presentation and the FY 2008-2009 Capital
Projects Status Report through February
28, 2009, are included in backup.
B.
Motion made by Mr. Culbreth to adopt a
Resolution to express the intention of the County Council
of Spartanburg County, South Carolina, to
cause Spartanburg County, South Carolina to be
reimbursed for certain costs for certain public improvements with the proceeds
of tax-exempt obligations. Motion
seconded by Mr. Foster and carried.
C.
Updated financial and personnel vacancy reports
were received.
Livability Committee – (Honorable Tom Foster,
Chairman)
A.
Ms. Lauren Ponder, Spartanburg Convention &
Visitors Bureau, presented the Convention and Visitors Bureau Plan of Action
for 2009 and distributed copies of the new Spartanburg County Visitor’s
Guide. Handouts, Presentation and Visitor’s
Guide are included in backup.
Public Safety and Judiciary Committee
– (Honorable Jeff Horton, Chairman)
A.
Information received regarding activities of the
Building Codes Department.
Land Use Committee (Honorable Jeff Horton,
Chairman)
A.
Mr. Chris Story presented information in
reference to an Ordinance amending the Storm Water Management Ordinance. Motion made by Mr. Horton to render third
reading to the Storm Water Management Ordinance as is with a change on page 33
to amend the last sentence to say, “this project has not been studied for flood
risk,” in the wording. Motion seconded
by Mr. Mintz and carried. Mr. Brown
requested making the language to be reflective in terms of the direction of our
County Attorney
to include specifically, “this project has not been studied by FEMA for flood
risk nor has this project been studied by the preparer of this plat to
determine whether or not it is subject to flooding.” Mr. Horton amended his motion to reflect the
recommended language. Amended motion
seconded by Mr. Mintz and carried. Mr.
Story offered one item for clarification.
The versions for the record are the ones published this week. They are Ordinance Draft Number 8 dated March 12, 2009, and Design Manual
Draft 7 also dated March 12, 2009.
B.
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 second
reading to an Ordinance to provide for certain amendments to industrial and business park agreements between
Spartanburg County and Union County in connection with the distribution of fee
in lieu of tax revenues within Spartanburg County, and other matters related
thereto. Motion seconded by Mr. Brown
and carried.
B.
Motion made by Mr. Britt to render second
reading to an Ordinance to provide for the Order of Distribution of fee in lieu
of tax revenues generated from Spartanburg County parcels located in certain
joint county industrial and business parks, and other matters related thereto
in support of the Economic Futures Group. Motion seconded by Mr. Brown and
carried.
C.
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 Rochling Automotive Duncan, LLP 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. Brown
and carried.
D.
Motion made by Mr. Britt to render second
reading to an Ordinance to develop a jointly owned and operated Industrial/Business
Park in conjunction with Cherokee County, such
Industrial/Business Park to be geographically located in Spartanburg County and
established pursuant to South Carolina Code of
Laws for 1976, Section 4-1-170 et sequitur, as amended; to provide for a
written agreement with Cherokee 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. (Wal-Mart Stores East, LP (Project Mizzou),
O.P. Carolinas, LLC, and Tasty Blend Foods,
Inc.) Motion seconded by Mr. Brown
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 between Spartanburg County, South Carolina,
and Gas Turbine Efficiency, LLC (Project
Thermal); and other matters relating thereto including, without limitation,
payment of a fee in lieu of taxes.
Motion seconded by Mr. Brown and carried.
VII.
A.
Motion made by Mr. Culbreth to add an item to
the agenda. Motion seconded by Mr. Mintz
and carried. Motion made by Mr. Culbreth
to render first reading to an Ordinance amending Section 30.27 of the Code of
the County of Spartanburg, South Carolina to
change the time during which certain motorized racing of vehicles is exempt
from the provisions of Spartanburg County Noise Restrictions from 10:00 p.m. to
11:00 p.m. and to amend Section 30-33 of the Code of the County of Spartanburg,
South Carolina to change the time for
publishing the first notice of the public hearing for the special event
exclusions from 21 days to 15 days.
Motion seconded by Mr. Mintz 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.
A. Mr.
Breed stated a Budget Work Session will be scheduled during the week of April 6, 2009.
X.
Motion made by Mr. Foster to approve minutes of February 23, 2009 (Regular
Meeting). Motion seconded by Mr. Britt
and carried.
XI.
Motion made by Mr. Foster to
adjourn.
SPARTANBURG
COUNTY COUNCIL
By:______________________________
Jeffrey
A. Horton, Chairman
Attest:
__________________________
Deborah C. Ziegler
Clerk to Council