FINAL AGENDA

SPARTANBURG COUNTY COUNCIL

BUDGET WORK SESSION

MONDAY, APRIL 20, 2009

2:00 P.M.

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

II. Presentation of FY10 Budget Overview (Mr. Glenn Breed to present)

III. 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, 2009 and ending June 30, 2010; to provide for budget control of said appropriation by the Spartanburg County Council.

IV. Render first reading to a Budget Ordinance to establish Capital Project Budgets for the 2009-2010 Budget Year of the Five-Year Capital Improvement Plan.

V. Questions

VI. Adjourn

SPARTANBURG COUNTY COUNCIL

GENERAL SESSION

MONDAY, APRIL 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

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

A. Airport Environs Planning Commission

B. Alcohol and Drug Abuse Commission

C. Board of Assessment Appeals

D. Building Code Board of Appeals and Adjustments

E. Community Development Citizens Advisory Committee

F. Cooley Springs/Fingerville Fire Service Area

G. Domestic Violence Board

H. Parks and Recreation Special Tax District Commission

I. Twin Lakes Special Tax District

III. 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.

IV. Adjourn

AGENDA

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Jeff Horton, Member

Hon. Michael Brown, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to a Resolution inducing DAA Draexlmaier Automotive of America LLC to additional investments of at least $20 million in equipment at existing plant in Duncan, SC and committing Spartanburg County to provide certain economic development incentives including fee in lieu of ad valorem tax payments. (Mr. Carter Smith, Economic Futures Group, and Wolfgang Buchmaier, Buchmaier Law Firm, to present) – (Action Requested: Adopt Resolution)

B. Receive information and take desired action in reference to a Resolution authorizing the execution and delivery of an Inducement Agreement by and between Spartanburg County, South Carolina and United Tool and Mold, Inc., whereby, under certain conditions, Spartanburg County will execute a fee in lieu of tax agreement for a project involving not less than five million dollars ($5,000,000) investment. (Mr. Carter Smith, Economic Futures Group, and Wesley Crum, Attorney at Law, to present) – (Action Requested: Adopt Resolution)

C. Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement between Spartanburg County, South Carolina, and United Tool and Mold, Inc.; and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes. (Mr. Carter Smith, Economic Futures Group, and Wesley Crum, Attorney at Law, to present) – (Action Requested: Render first reading to Ordinance)

D. Receive information and take desired action in reference to an Ordinance to develop a new jointly owned and operated Industrial/Business Park in conjunction with Union County, such new Industrial/Business Park to be geographically located in Spartanburg County and the City of Spartanburg and established pursuant to South Carolina Code of Laws of 1976 §4-1-170, et sequitur, as amended; to provide for a new written agreement with Union County providing for the expenses of the new park, the percentage of revenue application, and the distribution of fees in lieu of ad valorem taxes to the counties and relevant taxing entities; to provide that jobs tax credits allowed by law be provided for businesses locating in said new park; to permit a user fee in lieu of ad valorem taxation within said new park; and to provide for a new intergovernmental agreement with the City of Spartanburg. (Business Corridor) - (Mr. Ed Memmott, Assistant City Manager, City of Spartanburg, 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 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order - Hon. Jane Hall, Chairman

Hon. Tom Foster, 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 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Jeff Horton, Member

Hon. Jane Hall, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to a Resolution authorizing Schedule No. 2 to the Master Lease Agreement (vehicle replacement) between Spartanburg County, South Carolina and First Citizens Bank and Trust Company, Inc. in the principal amount of not exceeding $495,000 relating to the financing of equipment for public purposes; authorizing the execution and delivery of various documents including Schedule No. 2 to the Master Lease Agreement; and other matters relating thereto. (Mr. Chris Story to present) – (Action Requested: Adopt Resolution)

B. Receive information and take desired action in reference to an Ordinance providing for the issuance and sale of revenue bonds (Solid Waste Landfill Projects) of Spartanburg County, South Carolina, and other matters relating thereto. (Mr. Chris Story to present) – (Action Requested: Render first reading to Ordinance)

C. Receive information and take desired action in reference to an Ordinance providing for the issuance and sale of a not exceeding $14,750,000 Revenue Bonds (Solid Waste Landfill Projects), Series 2009, of Spartanburg County, South Carolina, for the expenditure of the proceeds thereof, for the payment of said bond, and other matters relating thereto. (Mr. Chris Story to present) – (Action Requested: Render first reading to Ordinance)

D. Receive updated financial data and personnel vacancy report.

III. Other

IV. Adjourn

AGENDA

LIVABILITY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. David Britt, Member

Hon. Michael Brown, Member

II. Matters before Committee:

No items scheduled.

III. Other

IV. Adjourn

AGENDA

PUBLIC SAFETY and JUDICIARY COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

I. Call to Order- Hon. Michael Brown, Chairman

Hon. Jane Hall, Member

Hon. Dale Culbreth, Member

II. Matters before Committee:

A. Receive information and take desired action in reference to an Ordinance amending the Spartanburg County Code relating to Alarm Systems, Sections 28-51 through 28-55, in order to make provisions for false alarms, service charges for false alarms, notification of alarm system installation and alarm system standards. (Mr. Glenn Breed to present) - (Action Requested: Render first reading to Ordinance)

B. Receive information regarding activities of Building Codes Department.

III. Other

IV. Adjourn

AGENDA

LAND USE COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Tom Foster, Member

Hon. O’Neal Mintz, Member

II. Matters before Committee

No items scheduled.

III. Other

IV. Adjourn

AGENDA

PUBLIC WORKS, BUILDINGS & GROUNDS COMMITTEE

SPARTANBURG COUNTY COUNCIL

MONDAY, APRIL 20, 2009

COUNCIL CHAMBERS

COUNTY ADMINISTRATIVE OFFICE BUILDING

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

Hon. Dale Culbreth, 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 20, 2009, 5:30 P.M.

COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SPARTANBURG, SC

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

Invocation ………………………………………… Chaplain Jerry Clevenger

Pledge of Allegiance

2. Presentations:

A. Resolution remembering and recognizing Captain Robert Dillard “Buddy” Hadden for his service to the Una Fire Department.

B. Resolution proclaiming the week of May 3-9, 2009 as Building Safety Week in Spartanburg County. (Mr. Mike Padgett, Building Codes Director, and Staff to receive)

C. Resolution expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the contributions of Walter M. "Bud" Moore.

D. Resolution expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the contributions of Everett Douglas “Cotton” Owens.

E. Resolution proclaiming the week of April 12-18, 2009 as Telecommunicators Week. (Mr. Keith Lee and Staff to receive)

F. Resolution expressing recognition and appreciation for the pride and honor bestowed upon Spartanburg County by the achievements of Jeff Moss of Spartanburg County Communications/9-1-1 in being named Telecommunicator-of-the-Year.

3. Conduct Public Hearings Pertaining to the Following:

A. To consider 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.)

B. To consider 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.

C. To consider 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.

D. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association of Spartanburg from 9:00 a.m. on April 25, 2009 until 2:00 a.m. on April 26, 2009, and 9:00 a.m. on April 26, 2009 until 12:15 a.m. on April 27, 2009, for a Laos New Year Water Festival at 470 Fox Drive.

E. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 11:00 a.m. on May 2, 2009 until midnight for a drag race at 1792 Dragway Road, Greer.

F. To consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 11:00 a.m. on May 23, 2009 until midnight for a drag race at 1792 Dragway Road, Greer.

4. Appearing Before Council:

No appearances scheduled.

5. Committee Reports:

(Committee Meetings to be held at 2:00 p.m.)

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE –

Hon. David Britt, Chairman

A. Receive information and take desired action in reference to a Resolution inducing DAA Draexlmaier Automotive of America LLC to additional investments of at least $20 million in equipment at existing plant in Duncan, SC and committing Spartanburg County to provide certain economic development incentives including fee in lieu of ad valorem tax payments. (Action Requested: Adopt Resolution)

B. Receive information and take desired action in reference to a Resolution authorizing the execution and delivery of an Inducement Agreement by and between Spartanburg County, South Carolina and United Tool and Mold, Inc., whereby, under certain conditions, Spartanburg County will execute a fee in lieu of tax agreement for a project involving not less than five million dollars ($5,000,000) investment. (Action Requested: Adopt Resolution)

C. Receive information and take desired action in reference to an Ordinance authorizing the execution and delivery of a fee in lieu of tax agreement between Spartanburg County, South Carolina, and United Tool and Mold, Inc.; and other matters relating thereto including, without limitation, payment of a fee in lieu of taxes. (Action Requested: Render first reading to Ordinance)

D. Receive information and take desired action in reference to an Ordinance to develop a new jointly owned and operated Industrial/Business Park in conjunction with Union County, such new Industrial/Business Park to be geographically located in Spartanburg County and the City of Spartanburg and established pursuant to South Carolina Code of Laws of 1976 §4-1-170, et sequitur, as amended; to provide for a new written agreement with Union County providing for the expenses of the new park, the percentage of revenue application, and the distribution of fees in lieu of ad valorem taxes to the counties and relevant taxing entities; to provide that jobs tax credits allowed by law be provided for businesses locating in said new park; to permit a user fee in lieu of ad valorem taxation within said new park; and to provide for a new intergovernmental agreement with the City of Spartanburg. (Business Corridor) - (Action Requested: Render first reading to Ordinance)

PUBLIC HEALTH AND HUMAN SERVICES COMMITTEE –

Hon. Jane Hall, Chairman

No items scheduled.

PERSONNEL and FINANCE COMMITTEE - Hon. Dale Culbreth, Chairman

A. Receive information and take desired action in reference to a Resolution authorizing Schedule No. 2 to the Master Lease Agreement between Spartanburg County, South Carolina and First Citizens Bank and Trust Company, Inc. in the principal amount of not exceeding $495,000 relating to the financing of equipment for public purposes; authorizing the execution and delivery of various documents including Schedule No. 2 to the Master Lease Agreement; and other matters relating thereto. (Action Requested: Adopt Resolution)

B. Receive information and take desired action in reference to an Ordinance providing for the issuance and sale of revenue bonds (Solid Waste Landfill Projects) of Spartanburg County, South Carolina, and other matters relating thereto. (Action Requested: Render first reading to Ordinance)

C. Receive information and take desired action in reference to an Ordinance providing for the issuance and sale of a not exceeding $14,750,000 Revenue Bonds (Solid Waste Landfill Projects), Series 2009, of Spartanburg County, South Carolina, for the expenditure of the proceeds thereof, for the payment of said bond, and other matters relating thereto. (Action Requested: Render first reading to Ordinance)

D. Receive updated financial data and personnel vacancy report.

LIVABILITY COMMITTEE - Hon. Tom Foster, Chairman

No items scheduled.

PUBLIC SAFETY AND JUDICIARY COMMITTEE –

Hon. Michael Brown, Chairman

A. Receive information and take desired action in reference to an Ordinance amending the Spartanburg County Code relating to Alarm Systems, Sections 28-51 through 28-55, in order to make provisions for false alarms, service charges for false alarms, notification of alarm system installation and alarm system standards. (Action Requested: Render first reading to Ordinance)

B. Receive information regarding activities of Building Codes Department.

LAND USE COMMITTEE - Hon. Jeff Horton, Chairman

No items scheduled.

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 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.

B. Render third 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.)

C. Render third 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.

D. Render second reading 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.

E. Render second 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.

7. New Business

A. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Lao Association of Spartanburg from 9:00 a.m. on April 25, 2009 until 2:00 a.m. on April 26, 2009, and 9:00 a.m. on April 26, 2009 until 12:15 a.m. on April 27, 2009, for a Laos New Year Water Festival at 470 Fox Drive.

B. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 11:00 a.m. on May 2, 2009 until midnight for a drag race at 1792 Dragway Road, Greer.

C. Consider an Application for special Public Event Exclusion from the Noise Ordinance requested by Greer Dragway from 11:00 a.m. on May 23, 2009 until midnight for a drag race at 1792 Dragway Road, Greer.

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

10. Approval of Minutes: March 6, 2009 (Special Joint Meeting)

March 16, 2009 (Regular Meeting)

11. Adjourn