FINAL AGENDA

SPARTANBURG COUNTY COUNCIL

GENERAL SESSION

MONDAY, APRIL 21, 2008

3:00 P.M.

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order………………………………Honorable Jeff Horton, Chairman

II. Receive information and take desired action regarding possibilities for utilizing methane at the County’s Wellford Landfill. (Mr. Chris Story to present)

III. Receive information and take desired action regarding various Boards and Commissions:

A. Spartanburg Memorial Auditorium Commission

B. Community Development Citizens Advisory Committee

C. Spartanburg County ULMO Board of Appeals

D. Water and Sewer Advisory Committee

IV. Mr. Steve Pelissier, Executive Director of Appalachian Council of Governments, to appear to provide the Annual Report of Appalachian Council of Governments Services to Spartanburg County.

V. Adjourn

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 21, 2008

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order- Hon. David Britt, Chairman

Hon. Jeff Horton, Member

Hon. Dale Culbreth, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to a Resolution identifying a project to satisfy the requirements of South Carolina Code annotated Section 12-44-40 to allow investment expenditures incurred by Johnson Development Associates, Inc. to qualify as expenditures eligible for a fee-in-lieu of ad valorem taxes arrangement with Spartanburg County, South Carolina, committing to enter into a fee agreement with the company, including the grant of an infrastructure credit; to provide for the inclusion of the project in a multi-county business or industrial park; and other matters thereto related. (Action Requested: Adopt Resolution) – (Mr. Alex Evins, Parker Poe, to present)

B. Receive information and take desired action in reference to a Resolution designating certain parcels for inclusion in the Spartanburg County/Union County Joint County Industrial and Business Park located in the City of Spartanburg, South Carolina, in accordance with Spartanburg County Ordinance No. 673 and the Intergovernmental Agreement, as amended, authorized by that Ordinance, between the City of Spartanburg and the County of Spartanburg, South Carolina; and other matters related thereto. (Church Street Plaza redevelopment site – Business Corridor Redevelopment Program) - (Ms. Julie Franklin, City of Spartanburg Economic Development Director, to present) – (Action Requested: Adopt Resolution)

C. Receive information and take desired action in reference 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.) - (Mr. Carter Smith, Economic Futures Group, and Mr. Wesley Crum, Attorney at Law, to present) – (Action Requested: Render first reading to Ordinance)

D. Receive information and take desired action in reference to a Resolution authorizing an Incentive and Inducement Agreement between Project Nelson and Spartanburg County, South Carolina. (Mr. Carter Smith, Economic Futures Group, and Mr. Edward Kluiters, Haynsworth Sinkler Boyd, to present) – (Action Requested: Adopt Resolution)

E. Receive information and take desired action in reference to an Inducement Resolution identifying a project to satisfy the requirements of Title 12, Chapter 44 of the Code of Laws of South Carolina, as amended, so as to allow investment expenditures incurred by Iljin America Corp. to qualify as expenditures eligible for a fee in lieu of tax arrangement and special source revenue credit arrangement with Spartanburg County, South Carolina; and committing to enter into such necessary agreements with Iljin America Corp. to effectuate the intent of this Resolution; and other matters related thereto. (Mr. Carter Smith, Economic Futures Group, and Mr. Matthew Trent, Womble Carlyle Sandridge & Rice, PLLC, to present) – (Action Requested: Adopt Resolution)

F. Receive information and take desired action in reference to an Ordinance to amend that certain agreement for the development of a joint Industrial and Business Park between Spartanburg County and Cherokee County dated March 19, 2007. Iljin America Corp. (Mr. Carter Smith, Economic Futures Group, and Mr. Matthew Trent, Womble Carlyle Sandridge & Rice, PLLC, to present) – (Action Requested: Render first reading to Ordinance)

III. Other

IV. Adjourn

AGENDA

PUBLIC HEALTH and HUMAN SERVICES COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 21, 2008

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order - Hon. Jeff Horton, Chairman

Hon. Rock Adams, Member

Hon. O’Neal Mintz, Member

II. Matters before Committee:

No items scheduled.

III. Other

IV. Adjourn

AGENDA

PERSONNEL and FINANCE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 21, 2008

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order- Hon. Dale Culbreth, Chairman

Hon. Jeff Horton, Member

Hon. Tom Foster, Member

II. Matters before Committee:

A. Presentation of FY09 Budget Overview. (Mr. Glenn Breed to present)

B. Render first 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, 2008 and ending June 30, 2009; to provide for budget control of said appropriation by the Spartanburg County Council. (Action Requested: Render first reading to Ordinance)

C. Presentation of the FY 2007-08 3^rd Quarter Capital Projects Status Report. (Mr. Chris Bever to present)

D. Receive information and take desired action in reference to an Ordinance of Spartanburg County, South Carolina, authorizing a Master Lease Agreement in the principal amount of not exceeding $807,821 relating to the financing of equipment for public purposes; authorizing the execution and delivery of various documents including a Master Lease Agreement; and other matters relating thereto. (Mr. Tom Gates to present) – (Action Requested: Render first reading to Ordinance)

E. Receive information and take desired action in reference to the Accommodations Tax Advisory Committee Recommendations for Fiscal Year 2009. (Mr. Chris Bever, Program Evaluation Manager, to present)

F. Receive updated financial data and personnel vacancy report.

III. Other

IV. Adjourn

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 21, 2008

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order- Hon. Tom Foster, Chairman

Hon. David Britt, Member

Hon. Jeff Horton, Member

II. Matters before Committee:

No items scheduled.

III. Other

IV. Adjourn

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 21, 2008

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order- Hon. Rock Adams, Chairman

Hon. Jeff Horton, Member

Hon. O’Neal Mintz, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to authorizing Commission of Joshua Cross as a Code Enforcement Officer of Spartanburg County. (Action Requested: Authorize Commission)

B. Receive information regarding activities of Building Codes Department.

III. Other

IV. Adjourn

AGENDA

LAND USE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 21, 2008

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order- Hon. Jeff Horton, Chairman

Hon. Tom Foster, Member

Hon. Rock Adams, Member

II. Matters before Committee

A. Receive Planning Department Reports on Development Activity.

III. Other

IV. Adjourn

AGENDA

PUBLIC WORKS, BUILDINGS & GROUNDS COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 21, 2008

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order- Hon. O’Neal Mintz, Chairman

Hon. Rock Adams, Member

Hon. David Britt, Member

II. Matters before Committee:

A. Receive information regarding activities of Public Works Department.

III. Other

V. Adjourn

MAIN AGENDA

County Council Meeting

MONDAY, APRIL 21, 2008, 5:30 P.M.

COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SPARTANBURG, SC

1. Call to Order.................…................…............... Hon. Jeff Horton, Chairman

Invocation …………………………………….………… Rev. Tommy Sparks

Pastor of Pacolet First Baptist Church

Pledge of Allegiance

2. Presentations:

A. Resolution proclaiming April 29, 2008 as “Teach a Child to Save Day” in Spartanburg County. (Ms. Sarah Petty, First National Bank, to receive)

B. Resolution proclaiming April 2008 as “Child Abuse Prevention Month” in Spartanburg County. (Ms. Jean Bradley, Spartanburg County Guardian ad Litem Program, to receive)

C. Resolution proclaiming the Week of April 13-19, 2008 as Telecommunicators Week. (Mr. Keith Lee and Staff to receive)

D. Resolution expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the achievements of Ponda Ann Sims of Spartanburg County Communications/9-1-1 in being named Telecommunicator-of-the-Year.

E. Resolution proclaiming the week of May 5-11, 2008 as Building Safety Week in Spartanburg County. (Mr. Mike Padget, Building Codes Director, and Staff to receive)

3. Conduct Public Hearings Pertaining to the Following:

A. To consider an Ordinance to establish Capital Project Budgets for the 2008-2009 Budget Year of the Five-Year Capital Improvement Plan.

B. To consider an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement between Spartanburg County, South Carolina, and Lubrizol Advanced Materials, Inc (Project Cliffs); and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes.

C. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association Incorporation of Spartanburg from 6:00 p.m. until on May 24, 2008, through 1:00 a.m. on May 25, 2008, for a Memorial Day Celebration at 470 Fox Drive.

4. Appearing Before Council:

No appearances scheduled.

5. Committee Reports:

(Committee Meetings to be held at 3:00 p.m.)

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE –

Hon. David Britt, Chairman

C. Receive information and take desired action in reference 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.) - (Action Requested: Render first reading to Ordinance)

F. Receive information and take desired action in reference to an Ordinance to amend that certain agreement for the development of a joint Industrial and Business Park between Spartanburg County and Cherokee County dated March 19, 2007. (Iljin America Corp.) - (Action Requested: Render first reading to Ordinance)

PUBLIC HEALTH AND HUMAN SERVICES COMMITTEE –

Hon. Jeff Horton, Chairman

No items scheduled.

PERSONNEL and FINANCE COMMITTEE - Hon. Dale Culbreth, Chairman

A. Presentation of FY09 Budget Overview.

C. Presentation of the FY 2007-08 3^rd Quarter Capital Projects Status Report.

E. Receive information and take desired action in reference to the Accommodations Tax Advisory Committee Recommendations for Fiscal Year 2009.

F. Receive updated financial data and personnel vacancy report.

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

No items scheduled.

PUBLIC SAFETY AND JUDICIARY COMMITTEE –

Hon. Rock Adams, Chairman

A. Receive information and take desired action in reference to authorizing Commission of Joshua Cross as a Code Enforcement Officer of Spartanburg County. (Action Requested: Authorize Commission)

B. Receive information regarding activities of Building Codes Department.

LAND USE COMMITTEE - Hon. Jeff Horton, Chairman

A. Receive Planning Department Reports on Development Activity.

PUBLIC WORKS, BUILDINGS and GROUNDS COMMITTEE –

Hon. O’Neal Mintz, Chairman

A. Receive information regarding activities of Public Works Department.

6. Old Business:

A. Render third reading to an Ordinance finding that Startex-Jackson-Wellford-Duncan Water District may issue not exceeding $10,900,000 General Obligation Bonds; to authorize Startex-Jackson-Wellford-Duncan Water Commission to issue such bonds and to provide for the publication of notice of the said finding and authorization.

B. 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 Lubrizol Advanced Materials, Inc (Project Cliffs); and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes.

C. Render second reading to an Ordinance to establish Capital Project Budgets for the 2008-2009 Budget Year of the Five-Year Capital Improvement Plan.

D. Render second reading to an Ordinance to amend Article IV of the Spartanburg County Code relating to the Spartanburg County Fire Prevention and Protection Advisory Committee to revise criteria for funding eligibility of fire departments and for other purposes.

7. New Business

A. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association Incorporation of Spartanburg from 6:00 p.m. until on May 24, 2008, through 1:00 a.m. on May 25, 2008, for a Memorial Day Celebration at 470 Fox Drive.

8. Reading and approval of resolutions, ordinances, agreements, petitions, and other documents for the financing of certain industrial facilities through the issuance of Spartanburg County, industrial development or similar bonds or notes, or Fee-In-Lieu of Tax (FILOT) agreements.

9. Miscellaneous Council/Administrative Matters

A. Discussion in reference to scheduling a Budget Work Session in late April.

10. Approval of Minutes: March 17, 2008 (Regular Meeting)

11. Adjourn