County Council Agenda - Spartanburg County

SPARTANBURG COUNTY COUNCIL 

EXECUTIVE SESSION 

MONDAY, NOVEMBER 26, 2012 

2:00 P.M. 

CONFERENCE ROOM TWO 

COUNTY ADMINISTRATIVE OFFICE BUILDING 

FINAL AGENDA 

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

II. Executive Session to discuss two contractual matters and to receive legal 

advice on seven pending matters. 

III. Adjourn


GENERAL SESSION 


3:00 P.M. 

COUNCIL CHAMBERS 


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

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

Commissions: 

A. Alcohol and Drug Abuse Commission 

B. Board of Assessment Appeals 

C. Disabilities and Special Needs Board 

D. Domestic Violence Board 

E. Employee Grievance Committee 

F. Enoree Fire District Board 

G. Water and Sewer Advisory Committee 

III. Receive an overview of the 2012 General Election (Mr. Henry Laye, III, 

Director, Spartanburg County Voter Registration & Elections, to present)

AGENDA 

ECONOMIC RECRUITMENT AND DEVELOPMENT COMMITTEE 





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

Hon. Michael Brown, Member 

Hon. Jane Hall, Member 

II. Matters before Committee: 

A. Receive information and take desired action in reference to an 

Inducement Resolution with respect to Contec, Inc. (Mr. Carter Smith, 

Economic Futures Group, and Maurie L. Lawrence, Wyche, to present) 

– (Action Requested: Adopt Resolution) 

B. Receive information and take desired action in reference to an 

Ordinance authorizing the execution and delivery of a fee agreement 

by and between Spartanburg County, South Carolina and Contec, 

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. (Mr. Carter Smith, Economic Futures 

Group, and Maurie L. Lawrence, Wyche, to present) – (Action 

Requested: Render first reading to Ordinance) 

C. Receive information and take desired action in reference to a 

Resolution consenting to an amendment to the fee in lieu of tax 

agreement between Spartanburg County, South Carolina and AFL 

Telecommunications, LLC dated December 1, 2008 to add additional 

property, extend the project period, and extend the term thereof, and 

other matters related thereto. (Mr. Carter Smith, Economic Futures 

Group, and Mr. Will Johnson, Haynsworth Sinkler Boyd, to present) - 

(Action Requested: Adopt Resolution) 

D. Receive information and take desired action in reference to an 

Ordinance to amend Ordinance No. O-99-014, as previously amended 

by Ordinances No. O-00-016, O-01-18, No. O-03-03, No. O-03-13, and 

No. O-08-29 relating to the joint county industrial and business park 

(Park No. 2) of Cherokee and Spartanburg Counties so as to enlarge 

the park. (AFL Telecommunications, LLC) - (Mr. Carter Smith, 

Economic Futures Group, and Mr. Will Johnson, Haynsworth Sinkler 

Boyd, to present) - (Action Requested: Render first reading to 

Ordinance) 

E. Receive information and take desired action in reference to an 

Ordinance amending Ordinance No. O-07-04 to provide for certain 

amendments to the $1,000,000 principal amount Spartanburg County, 

South Carolina Special Source Revenue Bond (Liberty Property

III. Other 

IV. Adjourn 

Limited Partnership Project) Series 2007. (Mr. Carter Smith, 

Economic Futures Group, to present) – (Action Requested: Render 

first reading to Ordinance)

AGENDA 

PUBLIC HEALTH and HUMAN SERVICES COMMITTEE 





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

Hon. Roger Nutt, Member 

Hon. O’Neal Mintz, Member 


III. Other 

A. Presentation on HIV and AIDS: A Spartanburg County Perspective. 

(Ms. Tracey L. Jackson, MPA, Executive Director of Piedmont Care, to 

present. 

IV. Adjourn

AGENDA 

PERSONNEL and FINANCE COMMITTEE 





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

Hon. Jeff Horton, Member 



A. Receive information and take desired action in reference to ResCare 

Workforce Services, Union Center Facility Fee. (Ms. Katherine 

Hubbard, County Administrator, to present) – (Action Requested: 

Approve agreement and authorize County Administrator to sign) 

B. Receive information and take desired action in reference to 

reclassification of entry level employees in the Delinquent Tax Office 

and the Treasurer’s Offices. (Honorable Lindsey Brady, County 

Treasurer, to present) – (Action Requested: Approve 

reclassification) 

C. Receive information and take desired action in reference to a position 

reclassification request from the Public Defender’s Office. (Clay T. 

Allen, Public Defender, to present) – (Action Requested: Approve 


D. Receive information and take desired action in reference to a position 

title and job description change in the Soil and Water Conservation 

District Office. (Ron Kirby, Jr. PE, County Engineer, to present) - 

(Action Requested: Approve title and job description change) 

E. Receive information and take desired action in reference to a 

Resolution to declare the results of a referendum conducted for the 

Mayo Area Fire District held in Spartanburg County, South Carolina on 

November 6, 2012. (Action Requested: Adopt Resolution) 

F. Receive information and take desired action in reference to an 

Ordinance to amend Ordinance No. O-12-18 which established the 

Capital Project Budgets for the FY 2012/13 Budget Year of the Five- 

Year Capital Improvement Plan by altering appropriation levels for 

Hospitality Tax Fund Transfer and Parks Fund Transfer and to alter 

and create capital projects and their related expenditures to implement 

desired components of the Parks Enhancement Plan. (Mr. Jim 

Campbell, Interim Parks Director, to present) - (Action Requested: 

Render first reading to Ordinance) 

G. Receive information and take desired action in reference to an 

Ordinance to amend ordinance O-12-17 which related to the fiscal 

affairs of Spartanburg County making appropriations therefore, levying 

taxes for the fiscal year beginning July 1, 2012 and ending June

III. Other 

30,2013 and to provide for the budget control of said appropriation by 

the Spartanburg County Council by amending revenue and 

expenditure appropriations for the Spartanburg Parks Fund and the 

Hospitality Tax Fund to implement recommendations of the Parks 

Enhancement Plan. (Mr. Jim Campbell, Interim Parks Director, to 

present) - (Action Requested: Render first reading to Ordinance) 

H. Receive updated financial data and personnel vacancy report. 

IV. Adjourn

AGENDA 

LIVABILITY COMMITTEE 





I. Call to Order- Hon. Roger Nutt, Chairman 

Hon. David Britt, Member 

Hon. Michael Brown, Member 


III. Other 

A. Estimate of Economic Impact of Expenditures by Visitors to 

Tournaments held at Tyger River Park in 2012. (Bob Brookover, 

PhD, Clemson University International Institute for Tourism Research 

and Development, to present) 

B. Receive as information the activities of the Parks Department. 

IV. Adjourn

AGENDA 

PUBLIC SAFETY and JUDICIARY COMMITTEE 





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


Hon. Dale Culbreth, Member 


III. Other 


Ordinance amending Ordinance O-00-002 Article V Division 12 of the 

Spartanburg County Code relating to the Fire Chiefs Advisory Board 

Meetings and Attendance for Eligibility. (Chief Larry Brady, North 

Spartanburg Fire District, to present) – (Action Requested: Render 

first reading to Ordinance) 

B. Receive information regarding activities of Building Codes Department. 

IV. Adjourn

AGENDA 

LAND USE COMMITTEE 





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

Hon. Roger Nutt, Member 

Hon. O’Neal Mintz, Member 

II. Matters before Committee 

III. Other 

A. Receive information and take desired action in reference to the 

Upstate Air Quality Resolution. (Alissa Ritzo Duncan, MCRP, 

Sustainability Planner, Spartanburg County Planning and 

Development, Spartanburg Area Transportation Study, to present) - 

(Action Requested: Adopt Upstate Air Quality Resolution) - 

B. Receive Planning Department Reports on Development Activity. 

IV. Adjourn

AGENDA 

PUBLIC WORKS, BUILDINGS & GROUNDS COMMITTEE 





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

Hon. Dale Culbreth, Member 

Hon. David Britt, Member 


III. Other 

A. Receive information regarding activities of Public Works Department. 

IV. Adjourn



5:00 P.M. 

CONFERENCE ROOM TWO 


Reception with Graduates of the Spartanburg County Citizens’ Academy.

MAIN AGENDA 

County Council Meeting 

MONDAY, NOVEMBER 26, 2012, 5:30 P.M. 

COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SPARTANBURG, SC 

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

Invocation............................................................ Chaplain Jerry Clevenger 

Pledge of Allegiance 

2. Public Comment Period 

3. Presentations: 

A. Resolution designating the month of November 2012 as Pulmonary 

Hypertension Awareness Month. (Ms. Penney Cline to receive) 

B. Resolution recognizing and expressing appreciation to Gail Moffitt for 

forty-five years of conscientious and dedicated service to Spartanburg 

County. 

C. Special Recognition 

D. Recognition of Graduates of Spartanburg County Citizens’ Academy. 

4. Employee Recognition…………… Katherine Hubbard, County Administrator 

5. Conduct Public Hearings Pertaining to the Following: 

A. To consider an Ordinance to convey approximately 965.4 +/- square 

feet of land adjoining parcel number S 2-28-00-045.01 and 045.52 

along SC Highway 9 that adjoins 104 and 103 Bermuda Lane, Inman, 

SC to Windemere Subdivision Homeowners Association, Incorporated. 

B. To consider an Application for Special Public Event Exclusion from the 

Noise Ordinance requested by Amy Hinson from 1200 p.m. on 

Saturday, December 8 until 2:00 a.m. on Sunday, December 9, 2012 

for a birthday party at 331 Ferndale Drive, Boiling Springs. 

6. Committee Reports: 

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

ECONOMIC RECRUITMENT and DEVELOPMENT COMMITTEE – 

Hon. David Britt, Chairman 


Inducement Resolution with respect to Contec, Inc. (Action 

Requested: Adopt Resolution) 


Ordinance authorizing the execution and delivery of a fee agreement 

by and between Spartanburg County, South Carolina and Contec, 

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. (Action Requested: Render first 

reading to Ordinance) 


Resolution consenting to an amendment to the fee in lieu of tax 

agreement between Spartanburg County, South Carolina and AFL 

Telecommunications, LLC dated December 1, 2008 to add additional 

property, extend the project period, and extend the term thereof, and 

other matters related thereto. (Action Requested: Adopt 

Resolution) 


Ordinance to amend Ordinance No. O-99-014, as previously amended 

by Ordinances No. O-00-016, O-01-18, No. O-03-03, No. O-03-13, and 

No. O-08-29 relating to the joint county industrial and business park 

(Park No. 2) of Cherokee and Spartanburg Counties so as to enlarge 

the park. (AFL Telecommunications, LLC) - (Action Requested: 


E. Receive information and take desired action in reference to an 

Ordinance amending Ordinance No. O-07-04 to provide for certain 

amendments to the $1,000,000 principal amount Spartanburg County, 

South Carolina Special Source Revenue Bond (Liberty Property 

Limited Partnership Project) Series 2007. (Action Requested: 


PUBLIC HEALTH AND HUMAN SERVICES COMMITTEE – 

Hon. Jane Hall, Chairman 

A. Presentation on HIV and AIDS: A Spartanburg County Perspective. 

PERSONNEL and FINANCE COMMITTEE - Hon. Dale Culbreth, Chairman 

A. Receive information and take desired action in reference to ResCare 

Workforce Services, Union Center Facility Fee. (Action Requested: 

Approve agreement and authorize County Administrator to sign) 

B. Receive information and take desired action in reference to 

reclassification of entry level employees in the Delinquent Tax Office

and the Treasurer’s Offices. (Action Requested: Approve 


C. Receive information and take desired action in reference to a position 

reclassification request from the Public Defender’s Office. (Action 

Requested: Approve reclassification) 

D. Receive information and take desired action in reference to a position 

title and job description change in the Soil and Water Conservation 

District Office. (Action Requested: Approve title and job 

description change) 


Resolution to declare the results of a referendum conducted for the 

Mayo Area Fire District held in Spartanburg County, South Carolina on 

November 6, 2012. (Action Requested: Adopt Resolution) 


Ordinance to amend Ordinance No. O-12-18 which established the 

Capital Project Budgets for the FY 2012/13 Budget Year of the Five- 

Year Capital Improvement Plan by altering appropriation levels for 

Hospitality Tax Fund Transfer and Parks Fund Transfer and to alter 

and create capital projects and their related expenditures to implement 

desired components of the Parks Enhancement Plan. (Action 

Requested: Render first reading to Ordinance) 

G. Receive information and take desired action in reference to an 

Ordinance to amend ordinance O-12-17 which related to the fiscal 

affairs of Spartanburg County making appropriations therefore, levying 

taxes for the fiscal year beginning July 1, 2012 and ending June 

30,2013 and to provide for the budget control of said appropriation by 

the Spartanburg County Council by amending revenue and 

expenditure appropriations for the Spartanburg Parks Fund and the 

Hospitality Tax Fund to implement recommendations of the Parks 

Enhancement Plan. (Action Requested: Render first reading to 

Ordinance) 

H. Receive updated financial data and personnel vacancy report. 

LIVABILITY COMMITTEE - Hon. Roger Nutt, Chairman 

A. Estimate of Economic Impact of Expenditures by Visitors to 

Tournaments held at Tyger River Park in 2012. (Bob Brookover, PhD, 

Clemson University International Institute for Tourism Research and 

Development, to present) 

B. Receive as information the activities of the Parks Department. 

PUBLIC SAFETY AND JUDICIARY COMMITTEE – 

Hon. Michael Brown, Chairman 


Ordinance amending Ordinance O-00-002 Article V Division 12 of the 

Spartanburg County Code relating to the Fire Chiefs Advisory Board

Meetings and Attendance for Eligibility. (Action Requested: Render 

first reading to Ordinance) 

B. Receive information regarding activities of Building Codes Department. 

LAND USE COMMITTEE - Hon. Jeff Horton, Chairman 

A. Receive information and take desired action in reference to the 

Upstate Air Quality Resolution. (Action Requested: Adopt Upstate 

Air Quality Resolution) 

B. 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. 

7. Old Business: 

A. Render third reading to an Ordinance amending Section 2-121 of the 

Code of the County of Spartanburg, South Carolina to provide term 

limits for County Council appointed boards and commissions. 

B. Render third reading to an Ordinance authorizing pursuant to Title 4, 

Chapter 1, Section 170; Title 4, Chapter 1, Section 175; and Title 4, 

Chapter 29, Sections 67 and 68 of the Code of Laws of South 

Carolina, 1976, as amended, the execution and delivery of an 

infrastructure credit agreement and amendment to a lease agreement 

between Spartanburg County, South Carolina, BMW Manufacturing 

Co., LLC and SB Acquisitions, Inc.; an extension of the fee term 

under the 1994 FILOT Lease Agreement between such companies 

and the County; and matters relating thereto. 

C. Render third reading to an Ordinance providing for amendment of 

Ordinance No. O-09-09, pertaining to distribution of fee in lieu of tax 

revenues generated from certain joint county industrial and business 

parks, to add certain additional park agreements thereto. 

D. Render third reading to an Ordinance to amend the agreement for 

development for joint county industrial park by and between 

Spartanburg County and Cherokee County, South Carolina, so as to 

include additional property in Spartanburg County as part of the joint 

county industrial park, and other matters relating thereto. (Greer 290 

Properties) 

E. Render second reading to an Ordinance to convey approximately 

965.4 +/- square feet of land adjoining parcel number S 2-28-00- 

045.01 and 045.52 along SC Highway 9 that adjoins 104 and 103 

Bermuda Lane, Inman, SC to Windemere Subdivision Homeowners 

Association, Incorporated.

8. New Business: 

A. Receive information and take desired action in reference to a 

Resolution authorizing the County Council of Spartanburg County to 

publish a notice of public hearing to transferring the authority for 

conducting municipal elections in the Town of Pacolet to the 

Spartanburg Election Commission. (Honorable Elaine Harris, Mayor of 

Pacolet, to present) – (Action Requested: Adopt Resolution) 


Ordinance authorizing the acceptance of the transfer of authority for 

conducting Municipal Elections in the Town of Pacolet to the 

Spartanburg County Election Commission; to define the powers, duties 

and responsibilities assumed by the Spartanburg County Election 

Commission for the conduct of Municipal Elections in the Town of 

Pacolet to provide for reimbursement of all costs and expenses 

incurred by the Spartanburg County Election Commission in the 

conduct of such municipal elections; and to provide for other matters 

relating thereto. (Honorable Elaine Harris, Mayor of Pacolet, to 

present) – (Action Requested: Render first reading to Ordinance) 




conducting municipal elections in the Town of Lyman to the 

Spartanburg Election Commission. (Mr. Dennis Drozdak, 

Clerk/Treasurer, Town of Lyman, to present) - (Action Requested: 

Adopt Resolution) 



conducting Municipal Elections in the Town of Lyman to the 


and responsibilities assumed by the Spartanburg County Election 

Commission for the conduct of Municipal Elections in the Town of 

Lyman to provide for reimbursement of all costs and expenses incurred 

by the Spartanburg County Election Commission in the conduct of 

such municipal elections; and to provide for other matters relating 

thereto. (Mr. Dennis Drozdak, Clerk/Treasurer, Town of Lyman, to 

present) - Action Requested: Render first reading to Ordinance) 




conducting municipal elections in the City of Woodruff to the 

Spartanburg Election Commission. (Terry Clark, Attorney for the City 

of Woodruff, to present) – (Action Requested: Adopt Resolution) 



conducting Municipal Elections in the City of Woodruff to the 


and responsibilities assumed by the Spartanburg County Election

Commission for the conduct of Municipal Elections in the City of 

Woodruff to provide for reimbursement of all costs and expenses 

incurred by the Spartanburg County Election Commission in the 

conduct of such municipal elections; and to provide for other matters 

relating thereto. (Terry Clark, Attorney for the City of Woodruff, to 

present) – (Action Requested: Render first reading to Ordinance) 

G. Consider an Application for Special Public Event Exclusion from the 

Noise Ordinance requested by Amy Hinson from 1200 p.m. on 

Saturday, December 8 until 2:00 a.m. on Sunday, December 9, 2012 

for a birthday party at 331 Ferndale Drive, Boiling Springs. 

9. 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. 

10. Miscellaneous Council/Administrative Matters and Budget Amendment 

Resolutions. 

A. Budget Amendment Resolutions if needed. 

General Fund 

Road Maintenance Fee Fund 

Storm Water Management Fund 

Solid Waste Management Fund 

Fleet Services Fund 

Alcohol & Drug Abuse Fund 

Special Revenue Fund 

Facilities Maintenance Fund 

Public Defender 7 th Circuit Fund 

Community Development Fund 

Methane Fund 

911 Phone System Fund 

Information Technologies Fund 

Spartanburg Parks Fund 

Hospitality Tax Fund 

Workforce Investment Board Fund 

CIP Fund 

Technical College Fund 

Charles Lea Center Fund 

Library System Fund 

Debt Service Fund 

11. Approval of Minutes: October 15, 2012 (Regular Meeting) 

12. Adjourn

County Council Agenda - Spartanburg County

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