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Minutes Regular Meeting 01/08/13

  Minutes
Sumter County Council
RegularMeeting
January 8, 2013 - Held at 6:00 p.m.
Sumter County Administration Building - County Council Chambers
Third Floord -- 13 East Canal Street , Sumter, South Carolina


 

COUNCIL MEMBERS PRESENT:

  1. Chairman Eugene Baten, Council District #7
  2. Vice Chairman, Larry Blanding, Council District #6
  3. Councilman Artie Baker, Council District #2
  4. Councilman James R. Byrd, Council District #3
  5. Councilwoman Vivian Fleming McGhaney, Council District #5
  6. Councilwoman Naomi D. Sanders, District  #1

COUNCIL MEMBERS ABSENT

  • Councilman Charles T. Edens, Council District #4

 

STAFF MEMBERS PRESENT:

Mary W. Blanding, Clerk to Council

Gary M. Mixon, County Administrator

Lorraine Dennis, Assistant County Admin. 

The Honorable Carolina Richardson, Treasurer

Johnathan Bryan, County Attorney

Pam Craven, Finance Director

Martha J. (Jackie) Jackson-Clodfelter

George McGregor, Planning Director

MEDIA PRESENT

The Item Newspaper (Mr. Nick McCormac)

 

THE PUBLIC PRESENT:

Approximately 18 members of the public were in attendance.

     

 

CALL TO ORDER:  Chairman of Council, Eugene R. Baten, called the meeting to order. 

INVOCATION:  Councilwoman Vivian Fleming McGhaney gave the invocation. 

PLEDGE OF ALLEGIANCE:  All in attendance repeated the Pledge of Allegiance.    

APPROVAL OF AGENDA:  Chairman Baten asked the Clerk to Council if there were any adjustments to the agenda.  The Clerk stated that there were no adjustments to the agenda; however, Council will take action on its election of officers immediately after action on the minutes of December 11, 2012, and receive a presentation from Black Electric Cooperative.  Then the Chairman called for a motion to approve the January 8, 2013, agenda.    

ACTION:  MOTION was made by Councilman Baker, seconded by Councilwoman Sanders, and unanimously carried by Council to approve the January 8, 2013, agenda as presented. 

MINUTES:  REGULAR MEETING HELD ON DECEMBER 11, 2012:  Chairman Baten stated that he would entertain a motion to approve the minutes of Sumter County Council’s regular meeting held on December 11, 2012.  

ACTION:  MOTION was made by Councilwoman Vivian Fleming McGhaney, seconded by Councilman Baker, and unanimously carried by Council to approve the minutes of the regular County Council meeting held on December 11, 2012, as presented.

NEW BUSINESS: 

Chairman Baten stated that before addressing the next item (Election of Officers) he wanted to take this opportunity to thank the members of Sumter County Council for giving him the privilege of representing Sumter County Council for the past two years.  It has been a rewarding experience, and one that he will not forget.  He stated that he is proud of the County Administrator for his work and what he has done, the direction over the department heads and making sure that the County remain fiscally responsible and the budget was very well managed.  Chairman Baten also thanked the Clerk for all that she has done; what she has done involves her role as Clerk and for being responsible for all the events that have been coordinated during the Penny For Progress Groundbreakings and Grand Openings in a very professional and festive.  The Chairman further thanked others such as the County Attorney for all the work he as done on Continental Tire, the Financial Department (Pam Craven), the Treasurer, (Carolina B. Richardson).  Chairman Baten stated that Sumter County is on the ladder of success and the County has not reached the top yet.  Everything is in place such as establishing outstanding relationships with the Governor, with the Department of Commerce, other departments and agencies within Sumter County (the City, the Mayor, Sumter Development Board, the Greater Sumter Chamber of Commerce, Sumter Volunteer, and Sumter school systems.  Chairman Baten stated that Sumter County is only in the middle of the ladder and there are many other steps to go; but our legs are strong because of all that has been done and what we have accomplished.  Chairman Baten stated that as he moves on to his next position, he extended thanks to everyone for helping him as Chairman of Sumter County Council, and he will be here too as needed.

Then the Chairman called for election of the Chairman of Sumter County Council. 

ACTION:  MOTION was made by Councilwoman McGhaney, seconded by Councilwoman Sanders, and unanimously carried by Council to appoint Councilman Larry Blanding as Chairman of Sumter County Council. 

Former Chairman Baten congratulated newly elected Chairman Blanding on his election. 

Chairman Blanding thanked everyone for their support and thanked former Chairman Baten for his leadership during the past years.  Chairman Blanding also stated that he looks forward to former Chairman Batens’s assistance and guidance as the County moves forward. 

Then Chairman Blanding stated that he would open the floor for nominations for the position of Vice Chairman of Sumter County Council.  Councilman Baker stated that even though Councilman Edens was not at the meeting, due to illness, he wanted to nominate Councilman Edens out of respect for the position of Vice Chairman of Sumter County Council for all the work that he has done and continues to do for Sumter County.  Councilwoman Sanders nominated Councilman Eugene Baten. 

The nominations were closed on these two names and the Chairman took the last name first with the following results. 

ACTION:  Council members voted on this matter with Council members Eugene Baten, Naomi D. Sanders, Vivian Fleming McGhaney, and Chairman Blanding voting in support of the nominations and Council members Baker and Byrd voting in opposition. The motion carried.

Then the Chairman asked for a vote for Councilman Edens to be Chairman of Sumter County Council.   Councilman Baker and Byrd voted in support of the nomination of Councilma Edens as the Vice Chairman of Sumter County Council.  Council members Blanding, Baten, McGhaney, and Sanders voted in opposition.  The motion did not carry. 

The new offices of Sumter County Council effective January 8, 2013, are as follows: 

  • Chairman – Councilman Larry Blanding
  • Vice Chairman – Eugene Baten

(2)   Presentation By Black River Electric Cooperative.  (This Matter Will Be Presented Immediately Following Election Of County Council Officers.)

Mr. Herb Leaird, CEO of Black River Electric Cooperative and Sumter County Development Board (Mr. Will Holmes represented the Development Board) presented Dr. Tim Hardee, President of Central Carolina Technical College, a check of $260,000 (Tax Abatement —South Carolina Franchise Tax) to be used for the new Technology Planning Center for the Technical College.  The funds will be given to Sumter County for this Economic Development Project.   Mr. Will Holmes, on behalf of the Development Board, thanked Mr. Leaird for the partnership that Black River has with Sumter County and Economic Development.   He further stated that the Advanced Technology Center will be very special and will take Sumter County to the next level of Economic Development. 

Dr. Tim Hardee thanked Black River in particular, the Development Board for their help, and the coordination of Sumter County Council for the funds to be spent on this project transparently. 

LAND USE MATTERS AND REZONING REQUESTS --

Development/Rezoning Request –

(1)   OA-12-17 -- Neighborhood Commercial District Uses / Physical Fitness Facilities (County) – First Reading – (13-784) -- Request To Amend Article 3, Section 3.G.2 Permitted Uses In The Neighborhood Commercial (NC) Zoning District And Exhibit 5 Of The Sumter County Zoning And Development Standards Ordinance In Order To Include Physical Fitness Facilities (SIC Code 7991) As A Permitted Use.

Mr. George McGregor, the Planning Director, presented this ordinance request to Council.  He stated that the applicant originally applied for rezoning of a parcel from the Neighborhood Commercial (NC) to the Limited Commercial (LC) zoning district in order to allow construction of a fitness center.  However, the applicant questioned the reasoning behind the use restriction in the Neighborhood Commercial (NC) zoning district and this led to the idea of changing the ordinance to allow this use in Neighborhood Commercial rather than rezoning the property in question.

The following uses are either permitted or conditional (C) at this time in the NC District, in Sumter County:

Administrative Offices    

Postal Services

Telephone, Cable, Gas, Water, Sewage & Electrical Utilities

Hardware Stores

Grocery & Convenience Stores

Automotive Dealers (C)

Apparel Stores

Home Furniture Stores

Eating Places

Drug & Sundry Stores

Sporting Goods & Bicycle Shops

Book & Stationery Stores

Jewelry Stores

Hobby, Toy & Game Shops

Camera, Photo Supply Stores

Gift, Novelty, & Souvenir Shops

Sewing, Needle & Piece Goods

Catalog & Mail Order Houses

Florists

Tobacco Stores

Optical Goods Stores

 

Misc. Retail

Pet Shops

Banks

Insurance Agents

Real Estate Offices

Rooming & Boarding Houses (C)

Organizational Hotels & Lodges (C)

Laundry & Dry Cleaners

Photographic Studios

Beauty & Barber Shops

Shoe Repair

Miscellaneous Personal Services

Car Washes (C)

Coin Operated Amusement (C)

Nursing Care Facility

Child Care & Residential Care

Churches & Religious Organizations (C)

Fire Protection

Residential Uses (C)

Bed & Breakfast (C)

Produce Sales (C)

 

 

 

The list contains retail and service oriented uses that lend themselves well to a neighborhood setting.  This zoning district has the capacity for creating walkable areas where such uses as restaurants, shopping, and personal services are within walking distance of adjacent neighborhoods.  A fitness center fits well within this type of district and within a neighborhood setting. 

The map (Attachment 1) shows that there are very few small NC districts in Sumter County, so adding this use will have minimal impact on commercial development in the county. 

The Neighborhood Commercial Zoning District already contains many uses that lend themselves well to walkable neighborhood districts, such as beauty salons, convenience stores, etc.  Sumter County has several NC districts that form nodes in semi-rural areas.  Creating the opportunity for Fitness Centers to be built at some of these nodes is beneficial for the health of the surrounding community.  Staff recommends approval. 

PROPOSED ORDINANCE AMENDMENT

Article 3, Section 3.g.2. Permitted Uses in the Neighborhood Commercial (NC) Zoning District and Exhibit 5 would include Physical Fitness Facilities (SIC Code 7991) as a permitted use.

The Sumter City – County Planning Commission at its meeting on Wednesday, December 19, 2012, voted to recommend approval of this request to amend Article 3, Section 3.g.2 Permitted Uses in the Neighborhood Commercial (NC) Zoning District and Exhibit 5 of the Sumter County Zoning and Development Standards Ordinance in order to include Physical Fitness Facilities (SIC Code 7991) as a permitted use.

After all comments, the Chairman called for action on this item. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Byrd and unanimously carried by Council to grant first reading as presented. 

(2)   RZ-12-10 -- 3205 Sargent Road (County)First Reading -- Request To Rezone A +/- 1.0 Acre Parcel Located At 3205 Sargent Road From Split Zoned Residential (R-15) /Agricultural Conservation (AC) To Agricultural Conservation (AC).  The Property Is Represented By Tax Map #151-00-01-080.

Mr. McGregor stated that this request is on behalf of the applicant, Ms. Barbara Johnson.  This request is to rezone a one-acre parcel of land situated on Sargent Road (the “Property”).  The property is currently split zoned, with the northern half zoned Agricultural Conservation (AC) and the southern half zoned Residential-15 (R-15).  The applicant wishes to place a mobile home on the property, which is permissible in AC but not in R-15. There are several mobile homes already located in this district.  The Planning Commission recommended approval of the request. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Edens, and unanimously carried by Council to grant first reading as presented. 

Street Name Change – None

Grant Awards -- None

OTHER PUBLIC HEARING:  

(1)   12-782 –- An Ordinance Authorizing A Permanent Easement To Central Electric Power Cooperative, Inc. On Land Adjoining North Wise Drive And On Land Adjoining Brewington Road.  (Council May Take Action On Second Reading Immediately After The Public Hearing Or During Old Business.)

Prior to the Chairman convening a public hearing, the County Attorney, Johnathan Bryan, presented this proposed ordinance to Council for second reading.  The Chairman convened a public hearing and asked if anyone wished to speak in favor of or opposition to the proposed ordinance.  No one spoke; therefore, the Chairman closed the public hearing and Council took action on second reading as listed under Old Business.  

(2)   12-783 -- An Ordinance Authorizing The Declaration Of Restrictive Covenants On Land At The Crystal Lakes Golf Course For Stream Mitigation. (Council May Take Action On Second Reading Immediately After The Public Hearing Or During Old Business.)

Prior to the Chairman convening a public hearing, the County Attorney, Johnathan Bryan, presented this proposed ordinance to Council for second reading.  The Chairman convened a public hearing and asked if anyone wished to speak in favor of or opposition to the proposed ordinance.  No one spoke; therefore, the Chairman closed the public hearing and Council took action on second reading as listed under Old Business.  

NEW BUSINESS:

(Noted:  Items I and 2 are listed above, right after action on minutes.)

(3)   Discussion And Possible Action Concerning Changing Council’s Agenda Format.

The Chairman stated that if no one objected, he would move the matter to the next agenda of Sumter County Council. 

ACTION:  This matter was moved to the January 22, 2013, agenda of Sumter County Council. 

(4)   13-785 First Reading -- An Ordinance Authorizing The Sale Of Property Located At 1070 Toby Court, Sumter, SC.

The County Attorney presented this proposed ordinance to Council for first reading approval.  He stated that this property was donated to Sumter County Council several years ago and was sold on GOVDeal.com along with other property that was sold by the Forfeited Land Commission.  However, this property was not obtained by the Forfeited Land Commission it was previously deeded to Sumter County.  The County has a purchaser and the deed must be signed.  The public hearing on this matter will be held on February 12, 2013.  (See ordinance below.)

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Baten, and unanimously carried by Council to grant first reading. 

WHEREAS,   Sumter County acquired the property located at 1070 Toby Court, TMS number 251-06-02-026, by deed from GPE, Inc, a Michigan Corporation, recorded February 26, 2006 in the Office of the Register of Deeds for Sumter County in Volume 1016 at page 1742; and

WHEREAS,   the subject property was auctioned on GovDeals.com to Bobby Young, Jr. who was the successful bidder; and

WHEREAS,   Sumter County does not need the property for any public purpose; and

WHEREAS,   it is in the public interest to dispose of excess property; and

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF SUMTER  COUNTY, SOUTH CAROLINA, AT ITS REGULAR MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF:

That the Sumter County sell the property located at 1070 Toby Court, TMS number 251-06-02-026 to Bobby Young, Jr. for that amount that he bid on the property on the GovDeals auction being Five Thousand, Seven Hundred ($5,700.00) Dollars; and

A draft deed is attached which will be executed by the Chairman of County Council upon third reading.

This Ordinance is done, ratified and adopted  _______________________          , 2013.

(5)   It May Be Necessary To Hold An Executive Session To Discuss A Personnel Matter, Receive A Legal Briefing, Or Discuss A Contractual Matter And Appropriate Actions May Be Required And Taken Thereafter

No executive session was held. 

OLD BUSINESS: 

(1)   12-782 – Second Reading -- An Ordinance Authorizing A Permanent Easement To Central Electric Power Cooperative, Inc. On Land Adjoining North Wise Drive And On Land Adjoining Brewington Road.

The Chairman introduced this item to Council, and the County Attorney briefed Council about the contents of the ordinance as listed below.  Then the Chairman convened a public hearing.  After the public hearing was closed, Council took action on second reading. 

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Baten, and unanimously carried by Council to grant second reading approval to this ordinance. 

WHEREAS,     Sumter County currently owns property fronting on North Wise Drive identified as TMS#231-00-01-004, containing approximately 473.03 acres, and other property fronting on Brewington Road identified as TMS# 232-00-03-001 containing approximately 34.6 acres; and

WHEREAS,     Central Electric Power Cooperative, Inc, a South Carolina electric utility cooperative seeks to establish an easement across the identified parcels of land for the construction, maintenance, alteration and replacement of electric lines for overhead or underground electric transmission, distribution and communication; and

WHEREAS,     Sumter County does not need the property identified as being the easement property for any public purpose; and

WHEREAS,     Central Electric Power Cooperative, Inc., has agreed to maintain the property and any structure established on the property in accordance with the provisions contained in the Easement Deeds, copies of which are attached hereto, the terms of which are incorporated herein by reference; and

WHEREAS,     this easements will facilitate the construction of an electrical service substation near the intersection of Beckwood Road and Brewington Road which will enhance the electrical service available to the current Caterpillar plant located on North Wise Drive and other prospective manufacturing sites on North Wise Drive and it is in the public’s interest to grant the identified easements herein as determined by the Sumter County Council.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF SUMTER  COUNTY, SOUTH CAROLINA, AT ITS REGULAR MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF:

That Sumter County convey to Central Electric Power Cooperative, Inc., a South Carolina electric utility cooperative, an easement across property located on North Wise Drive as described in the first attached EASEMENT DEED and an easement across property located on Brewington Road as described in the second EASEMENT DEED; and the Chairman of Sumter County Council is authorized to sign the attached EASEMENT DEEDS on behalf of the Sumter County Council.

Proceeds from the conveyance of the two easements shall be paid into the Sumter County Infrastructure Fund.

ACTION:  MOTION was made by Vice Chairman Baten, seconded by Councilman Baker, and unanimously carried by Council to grant second reading approval to this ordinance. 

(2)   12-783Second Reading -- An Ordinance Authorizing The Declaration Of Restrictive Covenants On Land At The Crystal Lakes Golf Course For Stream Mitigation.

The County Attorney also briefed Council on this matter.  He stated that this is the final part of the stream mitigation that had to be accomplished as part of the runway safety area improvements at the County’s Airport.  Afterwards, the Chairman convened a public hearing.  Once the public hearing was closed, the Chairman stated that he would entertain a motion concerning second reading. 

COMMITTEE REPORTS:

(1)   Fiscal Tax, and Property Committee Meeting To Be Held On Tuesday, January 8, 2013, At 5:00 p.m. In Sumter County Administration Building, County Council’s Conference Room (Baten, Blanding, and Edens -- All Council Members Are Asked to Attend). 

The former Chairman of the Fiscal, Tax, and Property, Vice Chairman Baten, gave the following report and recommendation on this Committee.  Councilman Edens was absent due to illness.

1.    Executive Session –Lease Purchase Agreement-Narrowbanding Equipment:  A recommendation to authorize the County Administrator to enter into a lease agreement between Sumter County and Motorola for Motorola Communications subscriber solution of Option #two (three years, annual payment, arrears payment structure, 3.29%, lease payment of $27,989.21, and with first payment due upon contract execution, etc.) for approximately five Sumter County Departments (Public Works, Recreation, Sheriff Department, EMS, Emergency Management, and Detention Center, etc.)

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to approve the recommendation as presented and intended. 

3.    Discussion And Possible Action On Moratorium On Adult Land Use Requests. The Committee discussed this matter as it relates to ongoing legal issues between the City of Sumter and business persons concerning Adult Land Use Requests.  The Committee hopes to prevent matters such as this as the County works to ensure all businesses have an opportunity to operate in Sumter County under the proper regulations.  The Committee recommended two motions on this matter as seen below. 

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to direct the Administrator to obtain from the Planning Commission and the Business License Office recommendations concerning the extent to which the Sumter County Zoning and Development Standards Ordinance and the Sumter County Business License Ordinance should be revised in light of the changes that have been made by the City Council for the City of Sumter to the City’s two ordinances and the reasons for those changes.

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to put in place a moratorium on all applications for Adult Uses in the area of Sumter County outside the limits of the City of Sumter, whether at the Planning Commission or the Business License Office, until we receive recommendations from both the Planning Commission and the Business License Office concerning proposed changes to Sumter County Zoning and Development Standards Ordinance and the Sumter County Business License Ordinance.

 (2)  Report From Council Members On Other Meetings, Trainings, And/Or Conferences

  • The Chairman welcomed back the four re-elected Council members (Baten, Byrd, McGhaney, and Sanders).

MONTHLY REPORT:

  • Wednesday, March 6, 2013, South Carolina State House Legislative Day
  • Regional Labor Forum
  • Ribbon Cutting, Kenely Institute of Math and Science
  • Letter From City Clerk – Appointment Recommendations – Accommodations

COUNTY ADMINISTRATOR’S REPORT:

  • SCDOT has informed the County that the replacement of the 521 bridge at Highway 378 will soon begin.  The initial date for beginning the project was January 7, 2013, and will be closed for 21 weeks.  It should be opened on May 30, 2013. 
  • Meeting held on January 10, 2013, from 5:00 p.m., 7:00 p.m. at the North Hope Center concerning the Lafayette Diamond Public Forum; this study will allow the County to be eligible for any Federal funds if they are available once this project is underway.   
  • SCAC has asked Sumter County Council to participate in General Assembly Day and the Administrator suggested Tuesday, January 29, 2013. 
  • S. C. Economic Development Institute will be held on February 7-8, 2013, at Central Carolina Technical College. 
  • Council’s Technology Project is underway and should be completed by March 2013. 

PUBLIC COMMENT: 

The Chairman asked if anyone wished to speak to Council about any matter.  No one spoke; however, Mr. Mixon asked Mrs. Craven to introduce Martha J. (Jackie) Jackson-Clodfelter, new Budget Analyst.  

Vice Chairman Baten also stated that the Sumter County Legislative Delegation will hold its annual meeting on Thursday, January 10, 2013, at the Santee Wateree Mental Health Office Building on Magnolia Street.  Please check with Delegation members. 

Councilman Baker stated that he saw in the news that a County in Virginia challenged the Stormwater Clean Water Act and a Federal Judge ruled in the county’s favor.  He asked Mr. Bryan to check on this decision to see how it might impact Sumter County.

ADJOURNMENT

There being no further business for Sumter County Council, and no additional comments from the public, the meeting was adjourned at 6:38 p.m. after a motion by Councilman Baker, seconded by Councilman Byrd, and unanimously carried by Council. 

 


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