AGENDA PERSONNEL AND FINANCE COMMITTEE SPARTANBURG COUNTY COUNCIL MONDAY, MARCH 21, 2016 COUNCIL CHAMBERS COUNTY ADMINISTRATIVE OFFICE BUILDING I. II. Call to Order- Hon. Bob Walker, Chairman Hon. Jeff Horton, Member Hon. Jane Hall, Member Matters before Committee: A. FY 2017 Budget Calendar. Ms. Katherine O Neill to present Action Requested: Adopt Budget Schedule B. Receive information and take desired action in reference to a request from The Forrester Center for Behavioral Health to reclassify a Counselor III (Grade 82 position) to a Counselor II (Grade 81 position) and eliminate temporary help line item. Ms. Sue O Brien, MA, Executive Director, to present Action Requested: Approval of request Documents: PF_BIRT.PDF C. Receive information and take desired action in reference to a Resolution calling for a public hearing to be held upon the question of the issuance of not exceeding $800,000 General Obligation Bonds of the Hilltop Area Fire District, South Carolina; providing for the publication of the notice of such public hearing; and other matters relating thereto. Mr. Gary Pope, Jr., Pope Flynn, LLC, and Chief John Hall, Hilltop Fire Department, to present Action Requested: Adopt Resolution Documents: PF_RES. GOBONDS HILLTOP FIRE DEPT. AND COPY OF RES FROM HILLTOP FIRE DISTRICT BOARD.PDF D. Receive information and take desired action in reference to an Ordinance authorizing the Board of Fire Control of the Hilltop Area Fire District in Spartanburg County to issue General Obligation Bonds in a principal amount of not exceeding $800,000; and other matters relating thereto. Mr. Gary Pope, Jr., Pope Flynn, LLC, and Chief John Hall, Hilltop Fire Department, to present Action Requested: Render first reading to Ordinance Documents: PF_ORDINANCE - AUTHORIZING ISSUANCE (COUNTY).PDF III. Other
IV. Adjourn Vision Spartanburg County's vision is to be a preferred destination for individuals, families and business to live, learn, play and invest. Mission Spartanburg County provides a foundation for a superior quality of life for residents, unlimited opportunities for business, and an exceptional learning environment for education through purposeful planning, investment, and use of resources.
Memorandum To: Katherine O Neill, Jim Hipp, Kelly Newman CC: Debbie Ziegler From: Susan E. O Brien, Executive Director Date: March 11, 2016 RE: SBIRT position realignment The Forrester Center is requesting to Reclassify Counselor III (Grade 82, position code 8023, ASJ1) slot in Dept. 9737 to a Counselor II in same 9737 Dept. (Grade 81, position code 8022. Eliminate temporary help line item. Grade for Counselor II is 81, position code 8022. Salary amount for Counselor II is 33,534. In January of 2014, The Forrester Center was awarded a federal RPTIF grant to fund the above positions. The primary goal of the grant was to bring SBIRT (Screening, Brief Intervention, and Referral to Treatment) services to the Spartanburg County Detention Center. By all measures, the partnership with Major Urch and the Detention Center has been very successful, except in sustainability. Initially the grant funded 1 full time and 2 part time positions. The full time position was frozen after it was vacated, leaving the 2 part time clinicians. It was anticipated that these clinicians would be providing extensive clinical services which justified the level and salary. However, as the program has evolved, this has not been the case. After the grant expired, we utilized the Fund Balance to finance these positions for FY16. Our sustainability plan was to apply new federal block grant funding (HOP) to the services provided. Unfortunately, HOP required that all funds go to the Treatment Department budget. It does not make financial sense to continue to fully fund these positions with fund balance monies. However, the needs of the Detention Center require ongoing SBIRT services. I have submitted a request for funding from DAODAS and because SBIRT is a priority for the state, I anticipate that we will receive partial, if not full funding. After careful review and assessment, and in consultation with Major Urch, we have determined that the work provided by the clinicians is such that licensing is not required, resulting in changing the classification level and pay, and moving from 2 part time to one
full time counselor. As outlined in the BAR, this move will save a significant amount of money, and will return over $3000 to the fund balance this fiscal year. When providing these types of services, there is always a balance between meeting the needs of our citizens with sound financial stewardship. This plan will allow continued service at our detention center with minimal impact on our budget.
No. R-16- A RESOLUTION CALLING FOR A PUBLIC HEARING TO BE HELD UPON THE QUESTION OF THE ISSUANCE OF NOT EXCEEDING $800,000 OF GENERAL OBLIGATION BONDS OF THE HILLTOP AREA FIRE DISTRICT, SOUTH CAROLINA; PROVIDING FOR THE PUBLICATION OF THE NOTICE OF SUCH PUBLIC HEARING; AND OTHER MATTERS RELATING THERETO. BE IT RESOLVED BY THE COUNTY COUNCIL OF SPARTANBURG COUNTY, SOUTH CAROLINA, AS FOLLOWS: WHEREAS, the County Council of Spartanburg County (the County Council ), which is the governing body of Spartanburg County, South Carolina (the County ) is empowered by Act No. 1189 enacted at the 1974 Session of the South Carolina General Assembly entitled: AN ACT TO AUTHORIZE THE GOVERNING BODIES OF ALL COUNTIES OF THE STATE WHEREIN EXIST SPECIAL PURPOSE DISTRICTS CREATED PRIOR TO MARCH 7, 1973. TO ISSUE BONDS OF SUCH DISTRICTS IN FURTHERANCE OF POWERS EXISTING IN SUCH DISTRICTS AS OF MARCH 7, 1973; TO PROVIDE THE PROCEDURES PURSUANT TO WHICH SUCH BONDS MAY BE ISSUED; TO PRESCRIBE THE TERMS AND CONDITIONS UNDER WHICH BONDS MAY BE ISSUED AND THEIR PROCEEDS EXPENDED; TO MAKE PROVISION FOR THE PAYMENT OF SUCH BONDS AND TO VALIDATE ALL BONDS OF SUCH DISTRICTS ISSUED OR SOLD PRIOR TO THE EFFECTIVE DATE OF THIS ACT. Act No. 1189, as amended, was approved July 9, 1974 (hereinafter called the Enabling Act ), to authorize the governing body of any special purpose district created prior to March 7, 1973, and located in whole or in part within the County, to issue general obligation bonds of such special purpose district in order to provide funds to be used in the furtherance of any power or function committed to such special purpose district and in effect on March 7, 1973; and WHEREAS, the Hilltop Area Fire District, South Carolina (the District ), is a special purpose district located within the County created on or prior to March 7, 1973, having been created by Act No. 863 of the Acts and Joint Resolutions of the General Assembly of the State of South Carolina for the year 1966, as amended, and is authorized, inter alia, to buy, maintain, and operate such fire-fighting equipment as the Board of Fire Control of the Hilltop Area Fire District (the Board of Fire Control ), the governing body of the District, deems necessary for the purpose of controlling fires within the District with the money allocated or made available to
the Board of Fire Control for such purposes; to select the sites or places within the area where the fire-fighting equipment shall be kept; and to construct, if necessary, buildings to house such equipment; and WHEREAS, the Board of Fire Control has determined that it is in the best interests of the residents of the District to issue not exceeding $800,000 of general obligation bonds of the District (the Bonds ) in order to provide funds to defray the costs of (A) the costs of acquiring and equipping fire apparatus, equipment and station renovations (collectively, the Project ), and (B) the costs of issuance of the Bonds. The Board of Fire Control estimates that the costs of designing, planning, acquiring, engineering, constructing, improving and equipping of the Project, the costs of the Redemption and the cost of issuance of the Bonds will not exceed $800,000. NOW THEREFORE, BE IT RESOLVED, by the County Council in a meeting duly assembled: Section 1. The County Council finds that it may be in the interest of the District to raise moneys for the purpose of providing for the Project and effecting the Redemption, and in that connection hereby orders a public hearing to be held upon the question of the issuance of the Bonds. Section 2. A public hearing shall be held on the question of the issuance of the Bonds in the Spartanburg County Council Chambers of the County Administration Building located at 366 N. Church Street, Spartanburg, South Carolina 29306, at 5:30 p.m. on April 18, 2016, and the notice of such hearing attached hereto as Exhibit A shall be published once a week for three (3) successive weeks in the Herald-Journal, which is a newspaper of general circulation in the County. The first such publication shall not be less than sixteen (16) days prior to the hearing date. Section 3. The aforesaid public hearing shall be conducted publicly at the time and place above stated and both proponents and opponents of the proposed issuance of the Bonds shall be given a full opportunity to be heard in person or by counsel. Section 4. Following the above aforesaid public hearing, the County Council shall determine whether and to what extent the Bonds should be issued. Section 5. The Chairman of the County Council and/or the County Administrator of the County are hereby authorized and empowered to take all necessary action to provide for the holding of the aforesaid public hearing in accordance with the provisions of the Enabling Act. 2
DONE AT SPARTANBURG, SOUTH CAROLINA, this 21st day of March, 2016. (SEAL) County Administrator Spartanburg County, South Carolina Attest: Clerk to County Council Spartanburg County, South Carolina 3
EXHIBIT A NOTICE OF PUBLIC HEARING ON THE PROPOSED ISSUANCE OF NOT EXCEEDING $800,000 OF GENERAL OBLIGATION BONDS OF THE HILLTOP AREA FIRE DISTRICT, SOUTH CAROLINA The County Council of Spartanburg County (hereinafter the County Council ), which is the governing body of Spartanburg County, South Carolina (the County ), has determined that it may be in the interest of the Hilltop Area Fire District, South Carolina (hereinafter called the District ), to raise moneys through the issuance of not exceeding $800,000 of general obligation bonds of the District (the Bonds ) in order to provide funds to defray: (A) the costs of acquiring and equipping fire apparatus, equipment and station renovations (collectively, the Project ), and (B) the costs of issuance of the Bonds. The Board of Fire Control, the governing body of the District, estimates that the costs of designing, planning, acquiring, engineering, constructing, improving and equipping of the Project and the cost of issuance of the Bonds described herein, will not exceed $800,000. Therefore, the County Council has ordered a public hearing to be held upon the question of the issuance of the Bonds in accordance with the provisions of Act No. 1189 enacted at the 1974 Session of the South Carolina General Assembly, as amended (hereinafter called the Enabling Act ). Accordingly, notice is hereby given that a public hearing will be held in the Spartanburg County Council Chambers of the County Administration Building located at 366 N. Church Street, Spartanburg, South Carolina 29306, at 5:30 p.m. on April 18, 2016, on the question of the issuance of the Bonds, the proceeds of which will be expended to defray the costs of the Project and the issuance costs thereof. The Bonds For the payment of principal and interest on the Bonds as they mature and for the creation of such sinking fund as may be necessary therefor, the full faith, credit and taxing power of the District shall be irrevocably pledged, and there shall be levied on all taxable property in the District ad valorem taxes sufficient in amount to pay said principal and interest on the Bonds. Proceeds from the Bonds will defray the cost of the Project and issuing the Bonds. The Project will aid the District in the delivery of fire service. The aforesaid hearing shall be conducted publicly and both proponents and opponents of the proposed action shall be given full opportunity to be heard in person or by counsel. Following the hearing, the County Council shall, by ordinance, make a finding as to whether and to what extent the Bonds should be issued and may thereupon authorize the governing body of the District to issue the Bonds to the extent it shall be found necessary. The District is located within the County. The Enabling Act provides that bonds issued thereunder must be authorized by the governing body of the County wherein the District is located. SPARTANBURG COUNTY COUNCIL
No. 0-16- AN ORDINANCE AUTHORIZING THE BOARD OF FIRE CONTROL OF THE HILLTOP AREA FIRE DISTRICT IN SPARTANBURG COUNTY TO ISSUE GENERAL OBLIGATION BONDS IN A PRINCIPAL AMOUNT OF NOT EXCEEDING $800,000; AND OTHER MATTERS RELATING THERETO. BE IT ORDAINED BY THE COUNTY COUNCIL OF SPARTANBURG COUNTY, SOUTH CAROLINA, AS FOLLOWS: Section 1. The County Council of Spartanburg County, South Carolina (the County Council ), the governing body of Spartanburg County, South Carolina (the County ), hereby finds and determines: (a) The Hilltop Area Fire District, South Carolina (the District ) is a special purpose fire district established pursuant to the provisions of Act No. 863 of the Acts and Joint Resolutions of the General Assembly of the State of South Carolina, Regular Session of 1973, as amended by subsequent acts of the General Assembly ( Act No. 863 ). (b) The corporate powers and duties of the District are performed by the Board of Fire Control of the Hilltop Area Fire District (the Board of Fire Control ), and as such, the Board of Fire Control is the governing body of the District. (c) Act No. 863 committed to the District various duties and responsibilities including the power to buy such fire-fighting equipment as the Board of Fire Control deems necessary for the purpose of controlling fires within the District with the money allocated or made available to the Board of Fire Control for such purposes; to select the sites or places within the area where the fire-fighting equipment shall be kept; and to construct, if necessary, buildings to house such equipment. (d) In carrying out its functions and duties, the Board of Fire Control has determined that a need exists at the present time to issue general obligation bonds (the Bonds ) in order to defray: (A) the costs of acquiring and equipping fire apparatus, equipment and station renovations (collectively, the Project ), and (B) the costs of issuance of the Bonds. The Board of Fire Control estimates that the costs of designing, planning, acquiring, engineering, constructing, improving and equipping of the Project, and the cost of issuance of the Bonds, will not exceed $800,000.
(e) The Board of Fire Control, on behalf of the District, has submitted a petition to the County Council requesting authorization to issue the Bonds in order to finance the costs of the Project and the costs of issuance thereof. (f) Pursuant to Title 6, Chapter 11, Article 5, of the Code of Laws of South Carolina, 1976, as amended (the Enabling Act ), the County Council is empowered to authorize the Board of Fire Control to issue bonds of the District, the proceeds of which are to be used in furtherance of any power of the District. (g) In response to the petition of the Board of Fire Control, the County Council adopted a resolution calling for a public hearing on the question of the issuance of the Bonds and after due notice thereof by publication on in the Herald Journal in accordance with the provisions of the Enabling Act, a public hearing was held by the County Council on April 18, 2016, on the question of the issuance of the Bonds, where both proponents and opponents were given the opportunity to be heard. (h) Subsequent to the April 18, 2016 public hearing, the County Council has determined to condition the issuance of the Bonds upon the result of a special election held in the District on the question of the issuance of the Bonds (the Bond Referendum ). Such Bond Referendum shall be conducted pursuant to Title 15, Chapter 4 of the Code of Laws of South Carolina 1976, as amended, as required by the Enabling Act. (i) Article X, Section 14, of the Constitution of the State of South Carolina, 1895, as amended (the Constitution ), provides that the General Assembly may, by general law, prescribe that general obligation debt may be incurred by the governing body of any special purpose district for any of its corporate purposes in an amount not exceeding eight percent of the assessed value of all taxable property of such district (the Bonded Debt Limit ). The County Council, by separate resolution, dated the date hereof, has ordered the Bond Referendum be held, and specified other details of the Bond Referendum therein. Such Article further provides that if general obligation debt is authorized by a majority vote of the qualified electors of the special purpose district voting in a referendum authorized by law, there shall be no conditions or restrictions limiting the incurring of such indebtedness except as specified in such Article. Such Bonds, when and if issued pursuant to a successful Bond Referendum, would not be restricted by, or count toward, the Bonded Debt Limit, in accordance with the Constitution and laws of the State of South Carolina. 2
Section 2. Should the Bond Referendum result favorably to the issuance of the Bonds, and upon the filing of the declaration of the result of the Bond Referendum in the office of the Clerk of Court for Spartanburg County, South Carolina, the District is hereby authorized to issue the Bonds. Upon such filing, the Board of Fire Control, on behalf of the District, is authorized to issue the Bonds at one time or from time to time, as it may determine, in an amount not to exceed $800,000, for the purposes set forth in Section 1(d) hereof or, in the discretion of the District, general obligation bond anticipation notes (the BANS ) in a principal amount of not exceeding $800,000, pursuant to the provisions of Title 11, Chapter 17 of the Code of Laws of South Carolina, 1976, as amended (the BAN Act ). The Bonds and the BANS shall be issued pursuant to a resolution of the Board of Fire Control adopted in conformity with the terms and provisions of the Enabling Act and the BAN Act, respectively. Section 3. For the payment of the principal and interest on the Bonds as they respectively mature and for the creation of such sinking fund as may be necessary therefor, the full faith, credit and taxing power of the District shall be irrevocably pledged, and there shall be levied annually by the Auditor of Spartanburg County and collected by the Treasurer of Spartanburg County, in the same manner as county taxes are levied and collected, a tax without limit on all taxable property in the District sufficient to pay the principal and interest of the Bonds as they respectively mature and to create such sinking fund as may be necessary therefor. Section 4. The Board of Fire Control is authorized to do all things necessary or convenient in accordance with applicable law to effect the issuance of the Bonds or the BANS at such time as it deems necessary and in the interest of the District. Section 5. All orders, resolutions, ordinances and parts thereof, procedural or otherwise, in conflict herewith or the proceedings authorizing the issuance of the Bonds are, to the extent of such conflict, hereby repealed and this Ordinance shall take effect and be in full force from and after its passage and approval. Section 6. This Ordinance shall forthwith be codified in the Code of the County Ordinances in the manner prescribed by law. Section 7. This Ordinance shall become effective upon its enactment. 3
ENACTED THIS 16TH DAY OF MAY, 2016. (SEAL) SPARTANBURG COUNTY, SOUTH CAROLINA County Administrator ATTEST: Clerk to County Council First Reading: March 21, 2016 Public Hearing: April 18, 2016 Second Reading: April 18, 2016 Third Reading: May 16, 2016 4