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Minutes Regular Meeting 03/26/13

  Minutes
Sumter County Council
Regular Meeting
March 26, 2013 - Held at 6:00 p.m.
Sumter County Administration Building - Third Floor
County Council Chambers, 13 East Canal Street , Sumter, South Carolina



 































COUNCIL MEMBERS PRESENT:



  1. Chairman Larry Blanding, Council District #6

  2. Vice Chairman, Eugene R. Baten, Council District #7

  3. Councilman Artie Baker, Council District #2

  4. Councilman James Byrd, Council District #3

  5. Councilman Charles T. Edens, Council District #4

  6. Councilwoman Naomi D. Sander, Council District #1

COUNCIL MEMBERS ABSENT:



  1. Councilwoman Vivian Fleming McGhaney, Council District #5. 

STAFF MEMBERS PRESENT:


Mary W. Blanding, Clerk to Council


Gary M. Mixon, County Administrator


Lorraine Dennis, Assist. Administrator


Johnathan Bryan, County Attorney


Donna McCullum, Zoning Administrator


Pam Craven, Finance Director


 


MEDIA PRESENT


The Item Newspaper (Bristow Marchant)


 


THE PUBLIC PRESENT:


Approximately 18 members of the public were in attendance.

   

 


CALL TO ORDER:  Chairman of Council, Larry Blanding, called the meeting to order. 


INVOCATION:  Chairman Blanding asked everyone to have a moment of silent prayer.  After the prayer, everyone repeated the Pledge of Allegiance. 


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


APPROVAL OF AGENDA:  Chairman Blanding asked the Clerk to Council if there were any adjustments to the agenda.  The Clerk asked Council to add a Proclamation to Proclaim March as Red Cross Month in Sumter, South Carolina and list it under New Business.  Then Chairman Blanding called for a motion to approve the March 26, 2013, agenda as amended.    


ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Byrd, and unanimously carried by Council to approve the March 26, 2013, agenda as amended. 


MINUTES:  REGULAR MEETING HELD ON MARCH 12, 2013:  Chairman Blanding stated that he would entertain a motion to approve the minutes of Sumter County Council’s regular meeting held on March 12, 2013.


ACTION:  MOTION was made by Vice Chairman Baten, seconded by Councilman Bakers, and unanimously carried by Council to approve the minutes of the regular County Council meeting held on March 12, 2013, as presented.


LAND USE MATTERS AND REZONING REQUESTS --


Development/Rezoning Request –


(1)   OA-13-01 -- Accessory Structures/AC Zoning District (County) – Second Reading/Public Hearing13-791 -- Request To Amend Article 4, Section 4.G.2 (Residential Accessory Structures) Of The County Zoning And Development Standards Ordinance To Add Language Permitting Accessory Structures As Principal Structures On Vacant Parcels In The AC Zoning District.(Prior To Action ON Second Reading, Council Will Hold A Public Hearing ON This Ordinance Amendment.) 


Ms. Donna McCullum, Zoning Administrator, presented this proposed ordinance to Council for second reading and public hearing.  She stated that Sumter County Council requested that Planning Staff explore amending the Zoning Ordinance to allow Residential Accessory structures on properties within the Agricultural Conservations (AC) Zoning District with at least five acres and without an existing principal structure.  These structures would comply with principal structure development standards.


After all comments from Ms. McCullum, the Chairman called for a public hearing on this matter.  Chairman Blanding asked if anyone wished to speak in favor of or opposition to this proposed ordinance.  No one spoke during public comment; therefore, the Chairman closed the public hearing. 


After all comments, the Chairman stated that he would entertain a motion concerning the ordinance amendment. 


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


(2)   RZ-13-02 (Part B) 2705 Highway 15 South (County)Third Reading -- Request To Rezone 2705 Highway 15 South 2.0 Acres From Heavy Industrial (HI) To General Commercial (GC).  The Property Is Represented By Tax Map Numbers 223-00-01-070.   


Ms. McCullum stated that during third reading of RZ-13-02(Part A), the owner of the property located at 2705 Highway 15, South sent and an email notification that he wanted to defer third reading until this meeting.  Therefore, Council took action on the property located at 2605 Warehouse Boulevard and deferred action on 2705 Highway 15, South.  The owner has now requested that third reading be granted to this rezoning request. 


After review of the request, the Chairman called for action on this rezoning request. 


ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Edens, and unanimously carried by Council to grant third reading approval of RZ-13-02 (Part B) – 2705 Highway 15, South.      


Street Name Change – None


Grant Awards -- None


OTHER PUBLIC HEARING:


(1)   13-787 – An Ordinance Authorizing The Execution And Delivery Of A Fee Agreement Dated As Of ____________________, 2013 By And Between Sumter County, South Carolina And Project Dark Wolf Providing For A Payment Of A Fee In Lieu Of Taxes And Other Matters Related Thereto. (Council Will Take Action On Third Reading At A Later Date.)


The County Attorney, Mr. Johnathan Bryan, presented this proposed ordinance to Council for public hearing.  He stated that this ordinance is concerning the execution and delivery of a fee agreement between Sumter County and Project Dark Wolf.  The Industry would also have a Fee In Lieu of Tax agreement in relation to this proposed ordinance.  Mr. Bryan also stated that the Industry is not ready to make its formal announcement, however, a public hearing was already scheduled; therefore, Council was asked to hold the public hearing, but not to take any action on third reading. 


The Chairman convened a public hearing on this matter, he asked if anyone wished to speak in favor of or opposition to this proposed ordinance.  No one spoke to this ordinance; therefore, the Chairman closed the public hearing.  No further action was taken.


(2)   13-788 –An Ordinance Authorizing The Transfer Of 13.72 Acres Of Property Across The Railroad Tracks From Property Owned By Lynette, LLC. (Council Will Take Action On Third Reading Immediately After The Public Hearing Or During Old Business.)


Mr. Bryan presented this proposed ordinance for public hearing and third reading.  He stated that this public hearing is in reference to transferring property across the railroad tracks from property owned by Lynette, LLC.  This company hopes to expand its company rail usage and would need the property at the railroad tracks.  After Mr. Bryan’s presentation, Chairman Blanding convened a public hearing.  He asked if anyone wished to speak in support of or opposition to the ordinance.  No one spoke to this issue, therefore, the Chairman closed the public hearing and Council took action on this ordinance listed under Old Business. 


(3)   13-789 -- An Ordinance Amending Ordinance 12-765 Of Sumter County, South Carolina (Known As The 2012-2013 Sumter County Budget Ordinance) And Amended By Ordinance 12-778 By Changing The Amount Of Funds To Be Allocated Toward The 2012-2013 Budget Of Sumter County. (Council Will Take Action On Second Reading Immediately After The Public Hearing Or During Old Business.)


Prior to action on second reading for this ordinance, the Chairman convened a public hearing.  He asked if anyone wished to speak in support of or opposition to this proposed ordinance.  No one spoke to this matter.  Therefore the Chairman closed the public hearing. 


NEW BUSINESS:


(1)   A Resolution Declaring April As Fair Housing Month In Sumter County, South Carolina.


The Clerk presented this proposed resolution to Council for action.  See Resolution below as well as action listed after the resolution. 


Whereas,  Sumter County Council desires that its citizens be offered the opportunity to attain a decent and sanitary living environment; and,


WHEREAS,  Sumter County Council recognizes that 2013 marks the 45th anniversary of the passage of the Fair Housing Act, the federal law that prohibits discrimination in housing; and in 1989, South Carolina passed a Fair Housing Law that provides rights and remedies substantially equivalent to those found in the Federal Fair Housing Act; and


Whereas,  Sumter County Council rejects discrimination on the basis of race, color, sex, national origin, religion, ancestral status, and disability; and,


WHEREAS,  Sumter County desires that every citizen be offered the opportunity to live in the home of his or her choice; hence, Sumter County Government does not discriminate in its housing practices;


NOW THEREFORE BE IT RESOLVED, that we the members of Sumter County Council do hereby designate April as Fair Housing Month in the County of Sumter, South Carolina and recognize the importance of Fair Housing benefits for its citizenry; Council will continue to promote and advocate fair housing for all of its citizens.


APPROVED AND RATIFIED, in the Sumter County Council regular meeting held this 26TH of March 2013


ACTION:  MOTION was made by Councilman Baker, seconded by Councilwoman Sanders, and unanimously carried by Council to adopt the proposed resolution as presented declaring April as Fair Housing Month In Sumter South Carolina, and directing the Chairman and the Clerk to Council to execute and deliver the resolution on behalf of the County. 


(2)   A Proclamation Proclaiming March As Red Cross Month In Sumter County, South Carolina. 


The Clerk presented this proposed Proclamation to Council to consider for approval.  After review of the proclamation, Council took action on its adoption as listed below. 


WHEREAS, March is American Red Cross Month - a special time to recognize and thank our heroes – those who volunteer, donate blood, take life-saving courses or provide financial donations to support an organization whose mission is to help those in need; and


WHEREAS, Member of Sumter County Council would like to remember those who help all of us here in Sumter County by giving their time to help their neighbor, and thank our heroes–our volunteers, blood donors, and financial supporters who help Sumter County Red Cross assist those in need; and


WHEREAS, Sumter County’s Red Cross works tirelessly to help when disaster strikes, when someone needs life-saving blood, or the comfort of a helping hand. It provides 24-hour support to members of the military, veterans and their families, and provides training in CPR, first aid, and other training needs; and


WHEREAS, our community, state, national, and this world depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission. Despite these challenging economic times, the American Red Cross continues to offer help and comfort to those in need.


NOW, THEREFORE, I, Larry Blanding, Chairman of Sumter County Council, do proclaim


March 2013


American Red Cross Month


and encourage all Members of Sumter County Council, the Citizens of this County, State, and Nation to support this organization and its noble humanitarian mission.IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of Sumter county to be affixed this 26th day of March 2013. 


ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Edens, and unanimously carried by Council to adopt the proposed proclamation proclaiming March as Red Cross Month In Sumter, South Carolina, and directing the Chairman and the Clerk to Council to execute and deliver the resolution on behalf of the County. 


(3)   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)   13-788Third Reading -- An Ordinance Authorizing The Transfer Of 13.72 Acres Of Property Across The Railroad Tracks From Property Owned By Lynette, LLC.


The ordinance was presented to Council under Public Hearing.  After the public hearing, the Chairman called for action on third reading. 


ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Byrd, and unanimously carried by Council to grant third reading and adoption of this ordinance as presented(Note:  this property is owned jointly by the City and County of Sumter.  The City will need to pass a similar ordinance before this property can be transferred.)


(2)   13-789 – Second Reading -- An Ordinance Amending Ordinance 12-765 Of Sumter County, South Carolina (Known As The 2012-2013 Sumter County Budget Ordinance) And Amended By Ordinance 12-778 By Changing The Amount Of Funds To Be Allocated Toward The 2012-2013 Budget Of Sumter County.


Mr. Gary Mixon, the County Administrator, presented this proposed ordinance to Council for second reading consideration.  This ordinance will allow for the Clerk of Court to transfer $353,120 from Title IVD funds to the County’s General Fund for the purpose of certain matters pertaining to moving to the new Judicial Center. 


After comments from the Administrator, the Chairman convened a public hearing on this matter.  No one spoke during public hearing; therefore, the Chairman closed the public hearing and Council took action on second reading.


ACTION:  MOTION was made by Councilman Baker, seconded by Councilwoman Sanders, and unanimously carried by Council to grant second reading to this ordinance as presented


(3)   13-790 – Second Reading -- An Ordinance To Ratify And Codify The Standing Committees For Sumter County Council.  (No Public Hearing Is Required For This Ordinance.)


The County Attorney, Mr. Bryan, presented the proposed ordinance to Council for second reading approval.  Mr. Bryan also added to the ordinance, since first reading, all Council’s Liaisons and other Committees that are required by State Law. 


After review of the proposed ordinance, the Chairman called for action on this matter. 


ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Byrd, and unanimously carried by Council to grant second reading to this ordinance as amended. 


COMMITTEE REPORTS:


(1)   Public Safety Committee Meeting To Be Held On Tuesday, March 26, 2013, at 4:30 p.m. In County Council’s Conference Room.  (Committee Members:  Baker, Sanders, and Baten)


The Committee Chairman, Councilman Baker, stated that Council members were present along with Alexandra Baten, Sherry Edwards, Pamela Ford, Ron Fowler, Chief Karl Ford, __________, several other members of the public, and all Committee members.  Councilman Baker stated that after much discussion, it was decided that he along with the Fire Chief, the County Attorney, and others to bring a recommendation concerning amending the Burn Ordinance to the Committee and then to County Council to consider for adoption.   The recommendation would involve the International Fire Code and its nuisance clause as well as its medical clause. 


No further action was taken. 


(2)   Internal Affairs Committee Meeting To be Held On Tuesday, March 12, 2013, at 5:00 p.m. In County Council’s Conference Room.  (Committee Members:  Byrd, Baten, and Sanders) (This Meeting Will Begin Immediately After The Conclusion Of Public Safety Committee Meeting Of Sumter County Council Which Is Scheduled For 4:30 P.M.)


The Chairman of the Committee, Councilman Jimmy Byrd, gave the following recommendation to Council for ratification. 



  • Accommodations Tax, Advisory Board:  Reappoint Mitsy Hatfield, Rich Adams, Lucille Owens-Sanders, and David Stewart to serve on the Committee per joint approval by the City. 

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to approve the recommendations as presented contingent upon the City’s approval. 



  • Cultural Commission:  Appoint Elizabeth Moss, Richard Jones, Penny Boyes, and Aubrey Jeffcoat. 

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



  • Planning Commission:  Reappoint Sandra McBride.

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



  • Stormwater Management and Sediment Control:  Reappoint Russell VanPatten

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


(3)   Fiscal, Tax, and Property Committee Meeting To Be Held On Tuesday, March 26, 2013, at 5:30 p.m. In County Council’s Conference Room.  (Committee Members:  Blanding, Edens, and McGhaney) (This Meeting Will Begin Immediately After The Conclusion Of Internal Affairs Committee Meeting Of Sumter County Council Which Is Scheduled For 5:00 P.M.)


The Chairman of the Committee, Chairman Blanding presented the following recommendations from the Committee meeting. 



  • Briefing Concerning Economic Development:  No Action Taken. 


  • Airport Hanger Presentation:  No Action Taken, received as information for future consideration. 


  • NACO Resolution – The Committee discussed authorizing the Chairman to write a letter and join in with the City to prepare a resolution concerning ­­­­­­­­­­­­­­­­­­­­­-_______________________

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


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


MONTHLY REPORT:



  1. March 29, 2013, the Bethesda Church of God will present the Play “Jesus The Christ.” 

  2. Majoy Prayer’s Breakfast

  3. Commander’s Breakfast

  4. Chamber’s Annual Luncheon

  5. Boys Scout Troop #86 visited County Council Chambers (working on Communications Merit Badge).  In Attendance:  Tom Lawrence, Troop Leader, Andrew Lawrence, Matthew Lawrence, Gabriel Martinez. 

  6. Men In Red – 11 County Employees. 

  7. Letter Concerning Holladay Road.

COUNTY ADMINISTRATOR’S REPORT: 



  • EMS Director – Two of Sumter County’s Officials won the State Championship for Emergency Medical Competition.  They will be recognized at the next meeting.   

  • Poster-Vietnam Memorial will be in Sumter during the Iris Festival. 

  • Landscape Ordinance will be heard by the Planning Department at its next meeting. 

  • Shaw Sumter Community Council Millford Plantation Social will be held on Friday, March 29,2 013. 

PUBLIC COMMENT: 


The Chairman asked if anyone wished to speak to Council about any matter.  The following persons spoke during public comment. 



  • Jay Osborne asked Council to help with the road problems he and his neighbors have had on Easy Street. 


  • Louise Watson talked to Council about the Sumter County Annual Report which was published in November.  He stated that it is a fine book and should be located throughout the County.  He asked for 20 additional copies.  The Chairman asked Mrs. Dennis to get copies to Mr. Watson.  Mr. Watson also asked Council to consider changing the public hearing statements from In Favor or Opposition to In Favor, Opposition, and/or Speaking To The Issue.  The Chairman also stated that he will review the process about seeking input from the public. 


  • Juanita Britton stated that she is from Rembert.  She stated that she is getting calls from the public about the roads in Rembert and that it appears that this community is not getting the roads taken care of by the County.  Dr. Britton also stated that on April 13, 2013, Rembert will be celebrating its first annual Spring Parade.  Congressman Spratt will be in attendance; Senator Vincent Sheheen will be the Grand Marshall.  Council members asked Dr. Britton if there was any consideration for not having this event on April 13, 2013, when the Festival on the Avenue was already scheduled for the same date.  Ms. Britton felt that both even could be held on the same date and who can come to Rembert will be there and who can go to the Festival On The Avenue will be at that event. 

ADJOURNMENT


There being no further business for Sumter County Council, and no additional comments from the public, the meeting was adjourned at 6:5-49 p.m. after a motion by Councilman Baker, seconded by Vice Chairman Baten, and unanimously carried by Council. 


 


 


OA-13-01, Accessory Structures/AC Zoning District (County)


 


I.  THE REQUEST


 










Applicant:


Planning Staff


 


Request:


Request to amend Article 4, Section 4.g.2 (Residential Accessory Structures) of the County Zoning and Development Standards Ordinance to add language permitting accessory structures as principal structures on vacant parcels in the AC Zoning District.


 


II.BACKGROUND


 


County Council has requested that Planning Staff explore amending the zoning ordinance to allow residential accessory structures on properties within the Agricultural Conservations (AC) zoning district without an existing principal structure.  These structures would comply with principal structure development standards.


The reason for the amendment is to allow a property owner who has a tract of land out in the rural county to construct or place an accessory building such as a storage building for personal storage, carports & garages for vehicles, etc. without having to place on their primary residential property.


The intent of the Agricultural Conservation zoning district is to preserve areas of the county which are rural in character and use.  Allowing buildings strictly for personal storage would be in keeping with the intent of this district. There are permitted uses currently allowed by Ordinance today such as US Postal Service and Residential Care Facilities which are much more intense uses than purely storage facilities.


The current regulations regarding this issue are the following:


Article 10 Definition:   


Accessory Building – A building subordinate to the principal building on a lot used for the purposes customarily incidental to those of the main building.


Accessory Use – A use incidental to and on the same lot as a principal use.


Currently, the County Zoning Ordinance requires all residential accessory buildings be constructed on parcels which already have a principal residential structure. Section 4.g.2.a.1 states:


            No accessory building or structure shall be constructed on any residential lot prior to the         time of construction of the principal building to which it is accessory


Recently, the staff has had several requests for accessory type storage buildings on vacant AC parcels in the county. This has prompted direction from County Council to direct staff to look into possible options through an ordinance amendment to allow for this under special criteria.


III.DRAFT ORDINANCE AMENDMENT


Proposal


SECTION G: ACCESSORY BUILDINGS

AND USES


 4.g.2. Residential Accessory Structures: Residential accessory structures shall comply with the following:



  1. Conditions & Exceptions:


  1. No accessory building or structure shall be constructed on any residential lot prior to the time of construction of the principal building to which it is accessory.   Exemption:  AC Zoning District ONLY with 5 or > acres - See Note on Table Exhibit 8A for required development standards.


  1. Accessory buildings attached to the principal structure by a common roofline or breezeway shall be treated as part of the principal structure and shall meet all principal setbacks for the zoning district in which it is located.


  1. Any accessory building 120 sq. ft. in size or smaller (i.e. play houses, well pump houses, and other similar uses) will not be counted as accessory structures however, they must comply with accessory structure 5 ft. minimum setbacks and shall be limited to two (2) per parcel.

EXHIBIT 8A


Maximum square footage of residential accessory structures based on gross acreage


 


 


















































































Acreage


0


0.1


0.2


0.3


0.4


0.5


0.6


0.7


0.8


0.9


**<0.5


See note 1


0.5


1100


1150


1250


1350


1450


-


-


-


-


-


1.0


1500


1525


1550


1575


1600


1625


1650


1675


1700


1725


2.0


1750


1775


1800


1825


1850


1875


1900


1925


1950


1975


3.0


2000


2025


2050


2075


2100


2125


2150


2175


2200


2225


4.0


2250


2275


2300


2325


2350


2375


2400


2425


2450


2475


≥ 5.0


Exempt, see note 2 & 3


 


NOTES:



  1. Maximum size for accessory structures on all parcels less than 0.5 acres in size is 1000 sq. ft.


  1. All parcels over 5 acres in size are exempt from maximum square footage requirements, however, each zoned parcel shall not exceed the maximum impervious surface ration for the given zoning district.


  1. Agricultural Conservation (AC Zoning District ONLY) with 5 acres or more are exempt from requirement of having a principal structure on the property in order to build an accessory building on a person’s property. These structures will be treated as principal structures meeting principal setbacks, distance between buildings, and maximum height of 35 feet and maximum of two structures per parcel.  Access to the structure shall be provided by paved road, gravel or dirt road as long as it provides reasonable access from off a public ROW with approved driveway encroachment permit. Lot shall meet the minimum lot width at the street as set forth in the County Zoning ordinance for all other lots of at least 60 feet.


  1. DRAFT MOTIONS

I move that the Planning Commission approve Staff’s Proposal of OA-13-01 as submitted by the applicant.


I move that the Planning Commission deny Staff’s Proposal of OA-13-01 as submitted by the applicant.


I move that the Planning Commission consider an alternate action on OA-13-01.



  1. PLANNING COMMISSION – FEBRUARY 27, 2013

The Sumter City-County Planning Commission at its meeting on Wednesday, February 27, 2013, recommended approval for this request.



  1. COUNTY COUNCIL – MARCH 12, 2013 – FIRST READING

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