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Minutes Regular Meeting 03/27/12

  Minutes
Sumter County Council
Regular Meeting
March 27, 2012 - Held at 6:00 p.m.
Sumter County Administration Building. County Council Chambers
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 Jimmy Byrd , Council District #3
  5. Councilman Charles T. Edens, Council District #4
  6. Councilwoman Vivian Fleming McGhaney, Council District #5
  7. Councilwoman Naomi D. Sanders, District 1

COUNCIL MEMBERS ABSENT:  None

STAFF MEMBERS PRESENT:

Mary W. Blanding, Clerk to Council

Gary Mixon, County Administrator

Lorraine Dennis, Assist. County Administrator

George McGregor, Planning Director

Pam Craven, Finance Director

Two Deputy Sheriff Officers

Rev. Daryl McGhaney, Assit. Detention Director

Keysa Rogers, Budget Analyst

Tommy Bultman

Kathy Ward

MEDIA PRESENT:  None

 

THE PUBLIC PRESENT:

Approximately 15 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 stated that he would entertain a motion to approve the agenda of March 27, 2012.    The Clerk to Council asked Council to consider revising a caption for 11-745.  See information below.    

Revise Caption Under Old Business:

11-745 – Third Reading -- An Ordinance Authorizing The Execution And Delivery Of One Or More Incentive Agreements By And Between Sumter County, South Carolina, And Continental Tire The Americas, LLC, And One Or More Affiliated Or Related Entities, As Sponsor, To Provide For A Fee In Lieu Of Taxes Incentive; To Provide For The Inclusion Of The Project In A Multi-County Business Or Industrial Park; To Provide For Special Source Revenue Credits; And To Enter Into Any Other Necessary Agreements With The Sponsor To Effect The Intent Of This Ordinance; And Other Related Matters.

ACTION:  MOTION was made by Councilman Edens, seconded by Vice Chairman Blanding, and unanimously carried by Council to approve the agenda as amended. 

APPROVAL OF REGULAR MEETING MINUTES:  Chairman Baten stated that he would entertain a motion to approve the minutes of Sumter County Council’s regular meeting held on March 13, 2012.  

ACTION:  MOTION was made by Councilwoman Sanders, seconded by Councilman Edens, and unanimously carried by Council to approve the minutes of March 13, 2012, as presented. 

LAND USE MATTERS AND REZONING REQUESTS

Development/Rezoning Request –

(1)   OA-12-01, Electronic Gaming, Internet Sweepstakes, And Other Uses Related To Simulated Gambling Devices (County) – First Reading – (12-757) – A Request To Amend The Sumter County Zoning And Development Standards Ordinance To Define, Develop Standards, And Permit Establishments In Select Zoning Districts Where Customers Use Electronic Machines, Including But Not Limited To Computers And Gaming Terminals, To Conduct Games Of Chance And Other Games Which Simulate Gambling Or Simulate Games Of Chance, Where The Use Of Sweepstakes Promotions Are Offered And Revealed On The Electronic Machines, And Where Cash, Merchandise Or Other Items Are Redeemed Or Distributed, Whether Or Not That Distribution Is Determined By Electronic, Machine, Or Computer Game Played Or By Predetermined Odds.  These Uses Are Sometimes Described As Internet Cafes, Cybercafés, Sweepstakes Promotions, Sweepstake Parlors, And/Or Adult Gaming.

Mr. George McGregor, the Planning Director, informed County Council that the Planning Commission has held two special meetings to bring this matter before Sumter County Council.  Mr. McGregor explained in detailed the staff report which is attached (11 page document) and specifically he talked to Council about Table 1, Table 2, and the recommendations from the Planning Commission which included the number of parking spaces, the hours of operation, the number of terminals per square feet, total number of customers, and other matters relating to this proposed ordinance. 

Councilman Edens asked what the difference between Conditional Use and Special Exception is.  Mr. McGregor stated that it is public notice.  Special Exception requires notification to adjacent property owners within 500 feet and it is required that they be allowed to speak at a public hearing, and that the decision from the public hearing/meeting, be made by appointed officials of City and County Council and not by the staff of the Planning Commission. 

After comments from Council and the Planning Director, the following motions were made.

Parking Required: 1 Space Per Sweepstakes Terminal:

ACTION:  MOTION was made by Council Baker, seconded by Councilwoman Sanders, to change the parking requirements to one parking space per two sweepstakes terminals.  Council members McGhaney, Blanding, and Baten voted in opposition.  Council members Sanders, Edens, Byrd, and Baker voted in the affirmative; the motion carried

The Chairman then asked Council members to act on the remaining recommendations from the Planning Commission in numerical order.  The following action was taken. 

Usage:

ACTION:  MOTION was made by Councilman Baker to change the “usage” from Special Exception to Conditional Use.  The motion died due to a lack of a second

The Chairman asked if there was a motion for any of the other recommendations. 

Located Within 1,000 Ft. From Any Other Electronic Gaming/Sweepstakes Establishment:

ACTION:  MOTION was made by Councilman Byrd and seconded by Councilwoman Sanders to delete 1,000 feet from any other Electronic Gaming/Sweepstakes establishment.  Council members Baker, Byrd, and Sanders voted in the affirmative.  Council members Blanding, Baten, Edens, and McGhaney voted in opposition, the motion did not carry. 

Hours Of Operation Shall Be Limited In The Following Manner:

Monday to Friday-- 9:00 a.m. to 2:00 a.m.

Saturday-- 9:00 a.m. to 12:00 a.m.

Sunday-- Prohibited

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Byrd, and unanimously carried by Council to approve the hours of operation as recommended by the Planning Commission and listed above. 

The Maximum Number Of Terminals Per Establishment: 20

ACTION:  MOTION was made by Councilman Baker and seconded by Councilwoman Sanders for a maximum of 75 machines per establishment.  Council members Baker, and Sanders voted in the affirmative, Councilman members Edens, Blanding, Baten, and McGhaney voted in opposition, of the motion.  The motion did not carry. 

Prior to taking action on the maximum number of terminals, Council members discussed the possibility of having a special meeting concerning the overall ordinance.  It was decided not to have a special meeting since there were only two other matters to be considered and they could be handled prior to public hearing at the April 10, 2012, meeting.   

No one under 18 years of age permittedNo Action Taken On This Matter

No Alcohol Shall Be Consumed, Served Or Available For Purchase On Premises – No action taken on this matter. 

After all comments, the Chairman then called for a motion concerning first reading of this ordinance. 

ACTION:  MOTION was made by Councilman Byrd, seconded by Councilwoman Sanders, and carried by Council to grant first reading to this ordinance with the one amendment as approved by Council.  Vice Chairman Blanding voted in opposition.  The motion carried. 

Street Name Change – None

Grant Awards– None

OTHER PUBLIC HEARING:

(1)   12-756 – An Ordinance Authorizing The Sale Of Property Located On South Guignard Parkway And Rainaire Boulevard, Sumter, SC. (Council Take Action On Second Reading Immediately After Public Hearing Or During Old Business.)

The Chairman convened a public hearing on this matter.  He asked if anyone from the public would like to speak in favor of or position to this proposed ordinance.  No one spoke during public hearing.  The Chairman closed the public hearing and Council took action on second reading as listed below under Old Business. 

NEW BUSINESS:

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

This proposed resolution was introduced by the Chairman; then Council took action on its adoption. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Byrd, and unanimously carried by Council to approve the Fair Housing Month Resolution as presented. 

WhereasSumter 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 2012 marks the 44th 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.

(2)   A Resolution Authorizing The Withdrawal Of Sumter County, South Carolina As A Member Of The Lake Marion Regional Water Agency, And Other Matters Related Thereto.

This matter was discussed in Fiscal, Tax, and Property.  Please see report below under Committee report. 

Councilwoman McGhaney stated that when Sumter County joined the Lake Marion Regional Water Agency (LMRWA), it was under the understanding that water would come to Sumter County from Lake Marion.  At one time, County Council considered withdrawing from the Authority but decided to “stay on the course” and see if the water would come to the County.

Councilman Edens stated that he attended several of the initial meetings for Lake Marion Water when they were held in Columbia and in Santee.  This project was sold to Council with the understanding that the water would come to Sumter County.  At one time when the funding figures were projected at $12,000,000, the City of Sumter and Sumter County jointly suggested that the City and County receive those funds and build its own water company.  However, the funds for the project were given to Lake Marion Regional Water Agency.  Since the initiation of this project, Berkeley County joined as the last member of the Authority; Berkeley County already has water extended to them from the Lake Marion Regional Water Agency.  Yet, Sumter County has not thus far seen a return on its investment which is approximately $40,000 for the first two years that the County contributed money to the Lake Marion Regional Water Agency.  Also, it was noted by Councilman Edens that since the initiation of the project, Lake Marion Regional Water Agency has used Sumter County’s name as one of the counties that will benefit from LMRWA when the Agency made grant submissions even though LMRWA knew that they would not bring water to Sumter County. 

Council members agreed that they would like to have a letter written to Lake Marion Regional Water Agency requesting that the Agency return Sumter County’s investment to the Authority due to the Agency’s inability to bring water to Sumter County.

ACTION:  MOTION was made by Vice Chairman Blanding, seconded by Councilman Byrd to refer this matter back to the Fiscal, Tax, and Property Committee for further action.  (Note: It was previously suggested that the Attorney and the County Administrator would write a letter to Lake Marion Regional Water Agency requesting that the agency return all funds that were paid into the Agency by Sumter 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)   11-745 – Third Reading -- An Ordinance Authorizing The Execution And Delivery Of One Or More Incentive Agreements By And Between Sumter County, South Carolina, And Continental Tire The Americas, LLC, And One Or More Affiliated Or Related Entities, As Sponsor, To Provide For A Fee In Lieu Of Taxes Incentive; To Provide For The Inclusion Of The Project In A Multi-County Business Or Industrial Park; To Provide For Special Source Revenue Credits; And To Enter Into Any Other Necessary Agreements With The Sponsor To Effect The Intent Of This Ordinance; And Other Related Matters.

The County Attorney, Mr. Johnathan Bryan, stated that Sumter County has long last received all documents relating to the Continental Industry project known as project XYZ. 

  • Fee In Lieu of Taxes Agreement
  • Local Development Agreement
  • Procurement Policy
  • Performance Agreement
  • Clarendon County will be the County which will be in the Multi-County Park Agreement for this project. 

After all comments about the ordinance, Council took 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 revised. 

(2)   12-754 – Third Reading -- An Ordinance Authorizing A Permanent Easement To Carolina Power & Light, D/B/A Progress Energy Carolinas, Inc. On Saint Matthews Church Road.

The County Attorney presented this matter to Council for third reading consideration.  He stated that Continental Tire and Progress Energy have not yet finalized agreements concerning this easement; therefore, Mr. Bryan recommended that Council defer third reading. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Byrd, and unanimously carried by Council to defer third reading to this ordinance. 

(3)   12-756 – Second Reading -- An Ordinance Authorizing The Sale Of Property Located On South Guignard Parkway And Rainaire Boulevard, Sumter, SC.

The Chairman introduced this matter; then Councilman Edens reclused himself from the meeting.  He left County Council Chambers, then the Attorney, Mr. Johnathan Bryan, presented this matter before Sumter County Council.  He stated that this ordinance if approved, would allow for the sale of approximately four acres of property to be sold to the buyer.  After the Attorney presented this ordinance to Council, the Chairman convened a public hearing on this ordinance.   Once the public hearing was concluded, Council took action on second reading. 

ACTION:  MOTION was made by Councilman Byrd, seconded by Vice Chairman Blanding, and unanimously carried by Council members, the ordinance was granted second reading.  (NOTE:  Councilman Edens was not present in Council Chambers during the discussion, public hearing, or voting on this ordinance.  After Council took action on this matter, the Clerk notified Councilman Edens that he could return to chambers; and he did return for the remainder of the meeting.)

COMMITTEE REPORTS:

(1)   Fiscal, Tax, And Property Committee Meeting Held On Tuesday, March 27, 2012, At 4:30 P.M. In Sumter County Administration Building, County Council’s Conference Room– (Baten, Blanding, And Edens).

Chairman Baten gave the following report and recommendations from the Fiscal, Tax, and Property Committee meeting. 

Executive Session Matter Pertaining To The Airport:  The Committee received a presentation concerning the Long Range Plans for the Sumter Airport which will deal with potential contractual matters.  The Committee recommended that the Attorney continue to negotiate with the appropriate parties to bring to fruition the Airport matter. 

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

Request To Open Tax Application:  Mr. Ted Johnson (tax map 268-00-03-040) requested that Sumter County Council reopen the tax application after Mr. Johnson is deeded the property so that Mr. Johnson could apply for agricultural exception.  It was recommended by the Committee to reopen tax application for 30 days from the date of Mr. Johnson receiving notification of the property being deeded to him.

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

2012 Reassessment Notices:  The Committee received information that the County’s reassessment notices will be mailed within the next week. 

ACTION:  Received as information only. 

I-95 Interchange Project:  The Committee received an update on this proposed project and decided not to take any further action on this matter until such time that the Committee receives a letter from the County Sheriff indicating his financial support towards this project. 

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

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

No report given. 

MONTHLY REPORTS: 

  • Airport Commission
  • Sumter County Sheriff’s Department

ADMINISTRATOR’S REPORT: 

The County Administrator

  • Intersection Streetlight has been installed at the intersection of Highway 15, South and South Main Street.
  • Budget Draft will be presented on April 10, 2012.

PUBLIC COMMENT: 

The Chairman asked if anyone wished to speak during public comment; no one spoke during public comment.

ADJOURNMENT: 

There being no further business and no additional comments from the public, the meeting was adjourned at 7:12 p.m. after a motion by Councilman Baker, seconded by Councilman Byrd, and unanimously carried by Council. 

Respectfully submitted,


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