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Minutes Regular Meeting 08/28/12

  Minutes
Sumter County Council
Regular Meeting
August 28, 2012 - Held at 6:00 p.m.
Sumter County Administration Building
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. 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

Johnathan Bryan, County Attorney

The Honorable Carolina Richardson

Keysa Rogers, Budget Analyst

 

Two Sheriff Deputies

 

MEDIA PRESENT:  None

 

 

THE PUBLIC PRESENT:

Approximately 37 members of the public were in attendance.

     

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

INVOCATION:  The Clerk to Sumter County Council, Mary W. Blanding, 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; therefore, the Chairman called for a motion to approve the August 28, 2012, agenda.    

ACTION:  MOTION was made by Councilman Byrd, seconded by Vice Chairman Blanding, and unanimously carried by Council to approve the August 28, 2012, agenda as presented. 

MINUTES:  REGULAR MEETING HELD ON AUGUST 14, 2012:  Chairman Baten stated that he would entertain a motion to approve the minutes of Sumter County Council’s Regular Meeting held on August 14, 2012.  

ACTION:  MOTION was made by Councilwoman McGhaney, seconded by Councilman Byrd, and unanimously carried by Council to approve the minutes of the regular County Council meeting held on August 14, 2012, as presented.

LAND USE MATTERS AND REZONING REQUESTS

Development/Rezoning Request –

  1. (Prior To Action On Second Reading, Council Will Hold A Public Hearing On This Rezoning Request.)

Mr. McGregor stated that this is second reading on a rezoning request from the property owner, Mr. Russ Barger.  The request will involve a 43 acre tract of land located at 3505 Camden Highway from Residential 9 (R-9) to General Commercial (GC).  The Land Use Plan does support this request since it is in the Military Protection Zone. 

The Planning Commission and the Planning staff recommended approval of the request.  Chairman Baten asked Council members if they had any questions of Mr. McGregor concerning this rezoning request; there were no questions from Sumter County Council.  Then the Chairman convened a public hearing on this matter. 

PUBLIC HEARING

Chairman Baten asked if anyone wished to speak in favor or opposition to the rezoning request. 

  • Jim Davis spoke to Council concerning this request.  He asked Council members who owned the property; the Chairman informed him that Mr. Russ Barger owns the property.  Then Vice Chairman Blanding gave Mr. Davis the copy of the staff report from the Vice Chairman’s notebook.  The staff report gave details of the rezoning request including the applicant’s name. 

The Chairman asked if anyone else wanted to speak during public hearing; no one else spoke.Chairman Baten closed the public hearing and asked Council for a motion on second reading.

Prior to receiving the motion, Councilman Edens stated that he recluse himself from voting on this matter.The Chairman asked the Clerk to note this information in the minutes; then a motion was taken on second reading.

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Blanding, and carried by Council to grant second reading approval.  Councilman Edens did not vote on this matter.

NOTE: Councilman Edens did not participate in the discussion or voting on this matter. 

  1. (Prior To Action On Second Reading, Council Will Hold A Public Hearing On This Ordinance Amendment.)

George McGregor stated that this request is second reading on an amendment to the Zoning Ordinance which will amend the Temporary Use section of the ordinance by adding Mobile Vendors.(See the amendment below).The Planning staff and Planning Commission recommended approval of the proposed ordinance amendment.Council members discussed this matter as it relates to where the mobile vendors can locate.Chairman Baten asked if there is any stipulation as to how close a mobile vendor can be to an existing business that might be selling the same type of product the mobile vendor may want to sell.

The mobile vendor must have the property owner’s permission to set-up business on the property.However, there are no specific separation requirements between an existing business and a mobile unit.Councilman Byrd also asked about the signage of the mobile unit.Is it a sign on the mobile unit or a separate sign on the side of the road or where will the sign for the mobile vendor be located.Mr. McGregor stated that the way the ordinance is drafted, it will allow a six-square-foot sign only when it is attached to the unit/cart/truck.There are no provisions for permanent signage on the property.Council members Edens and Byrd were concerned about a sign being on one side of the unit/cart/truck and not on the other side such as an ice cream truck.Mr. McGregor stated that he would look at this request and report back to Council at the next meeting.

After all comments, 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 amendment.

PUBLIC HEARING

1.Grier Blackwelder, CEO of the Sumter Chamber of Commerce, spoke in support of the ordinance amendment as it relates to mobile vendors selling hot dogs at the Library, or getting a drink at a ball game; or have a meal at a special event or a local game.He asked Council members would it be allowed for furniture, rugs, artwork, etc., to be sold on the side of the road.Mr. Blackwelder stated that if any of the items he mentioned were sold on the side of the road it would undermine the existing business people that do have places of business that must pay taxes and employ local citizens.

NOTE:  Chairman Baten and Mr. McGregor informed the public that this ordinance pertains to prepared foods or packaged foods.  No retail or consumer goods will be sold. 

No one else spoke to this issue; therefore the Chairman closed the public hearing.

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

NOTE:  Mr. McGregor will provide to Council at the next meeting a draft concerning the signage for the mobile units.

PROPOSED ORDINANCE AMENDMENT

Amend Article 5.c.6 Permitted Temporary Uses to add item j. Mobile Vendors as follows:

j. Mobile Vendors shall be eligible for Temporary Use under the following conditions:

  1. To operate only on private property or on designated public property that is located within the GC, AC, LC, LI-W and HI zoning districts only. The cart and all items associated with any Mobile Vending operation shall be removed from the premises during non-business hours.
  2. To operate only with the maintenance and use of a litter receptacle that is made available for the patrons’ use.  Excessive litter caused by product packaging or other associated products of the Mobile Vendor operation may result in revocation of zoning approval to operate.
  3. To operate only on property on which there is located at least one active, permitted Primary Use.  Under no circumstances shall a Mobile Vendor be issued a permit to operate on property that is uninhabited or vacant;
  4. To operate and to sell only such permitted merchandise as is listed herein.  Permitted merchandise shall be limited to reading material such as newspapers, magazines, and books; produce; and ready-to-eat items and finger foods such as hot dogs, sausages, hamburgers, tacos, burritos, baked potatoes, bagels, pastries, candy, prepackaged sandwiches, cookies, chips, biscuits, popcorn, nuts, pretzels, ice products, ice cream, milk products, frozen yogurt, hot and cold beverages containing no alcohol, flowers, and items related to permitted merchandise.  Items specifically banned from being sold by Mobile Vendors include cigarettes, cigars, and any product containing tobacco.
  5. To operate only with the appropriate licensing as required by SC-DHEC and the Sumter County Business License Department, including a background check and any other requirements for Mobile Vendor operations for Sumter County, and the State of South Carolina.  It is at the discretion of the Zoning Administrator to deny a Temporary Use permit due to a felony criminal record.
  6. Upon written permission of the property owner.
  7. Upon submittal of a picture of the mobile vending unit along with a drawing showing the proposed location for set up on the property under review.
  8. Unit shall be an approved, commercially manufactured (not homemade) commercial Mobile Food Unit as defined in Article 10. All units shall be required to meet all SC DHEC regulations and shall provide proof of inspection approval from SC DHEC.
  9. Permitted one (1) business identification sign, excluding menu boards, not exceeding six (6) square feet in area, that does not require a permit but must be affixed to the vehicle or cart.
  10. Temporary Use for each location shall be renewed annually.
  11. Only when all conditions listed have been met.  There shall be no temporary licensing of Mobile Vendors until such conditions are met.  Only duly licensed operators shall be permitted.

Amend Article 10.b.1 Definitions to add Mobile Food Unit as follows:

Section 10.b.1 Definitions:

Mobile Food Unit: All mobile food units shall be manufactured for the express purpose of mobile food vending. Mobile vending shall be from a commercially manufactured (not homemade) commercial grade cart or vehicle of a type outlined below.

  1. Cart – any portable vending device, pushcart or other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the Department of Motor Vehicles, used for the displaying, storing or transporting of articles offered for sale by a vendor. Carts come in two varieties, those which the operator stands on the ground or those which the operator stands inside the cart. Typically there is not electric or mechanical refrigeration associated with the cart.
  1. Frozen food truck/cart – a mobile motorized or non motorized concession on wheels that normally contains a commercial freezer. All products served are frozen and prepackaged.
  1. Soft serve ice cream truck – a motorized vehicle that has a soft serve ice cream machine on board along with toppings and contains: commercial refrigerators/freezers that are permanently affixed inside the truck; sink systems that are large enough to handle all items that must be washed/rinsed/sanitized in the concession to include a three-compartment sink with a faucet; hand washing sink with faucet, and a water system that can handle the hot water needs of the food service; there must also be adequate food/dry goods storage; adequate wastewater storage tank.

Catering Type Truck – a motorized truck that carries prepackaged and non-prepackaged hot and cold type foods. Catering trucks that have a commercial grill, soup warmer, and/or undertake on-site food preparation must provide sink systems that are large enough to handle all items that must be washed/rinsed/sanitized in the concession to include a three-compartment sink with a faucet; hand washing sink with faucet, and a water system that can handle the hot water needs of the food service; there must also be adequate food/dry goods storage; adequate wastewater storage tank.

Street Name Change – None

Grant Awards– None

OTHER PUBLIC HEARING:

(1)   12-774 – An Ordinance To Abandon And Convey An Unnamed Road On Property Of The First Pentecostal Holiness Church On McCrays Mill Road(Council Make Take Action On Second Reading Immediately After the Public Hearing Or During Old Business.)

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

NEW BUSINESS:

(1)   A Proclamation Proclaiming September 13, 2012, As National Anthems Day In Sumter, County, South Carolina.   

The Clerk to Council, Mary W. Blanding, presented this proposed proclamation to Council members.  She asked the Chairman to attend the program where this proclamation will need to be read (Thursday, September 13, 2012, at 6:30 p.m. at Patriot Hall). 

Whereas, The National Association For Music Education (MENC) has launched the National Anthem Project to continue to renew national awareness of American traditions, and to preserve the history and integrity of singing our National Anthem; and

Whereas, It is the desire of the National Anthem Project and The National Association For Music Education for Americans (1) to celebrate the anniversary of our Country’s National Anthem, (2) to know the words to the National Anthem, and (3) to take pride in singing the National Anthem together.

NOW THEREFORE, Members of Sumter County Council, of Sumter County, South Carolina, do hereby proclaim September 13, 2012, as

The Star-Spangled Banner -- National Anthem Day”

in the

County of Sumter, South Carolina

and urge all citizens to support this day by participating in the official National Anthem Project activities sponsored by The National Association For Music Education and to aid in the awareness and development of Music in America’s Schools.  

Given Under The Seal Of Sumter County, South Carolina and on behalf of its Chairman, Eugene R. Baten, This 13th Day Of September 2012.

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Blanding, and unanimously carried by Council to adopt the proclamation and to direct the Chairman and the Clerk to execute and deliver the proclamation on behalf of the County. 

(2)   A Proclamation Proclaiming September 16-22, 2012, As Constitution Week In Sumter, County South Carolina.   

The Clerk to Council, Mary W. Blanding, presented this proposed proclamation to Council members.  She asked the Chairman to attend the program where this proclamation will need to be read (Monday, September 17, 2012, at 3:30 p.m. at Sumter Mall). 

Whereas, we the people did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and

Whereas, it is important that all citizens fully understand the provisions, principles, and meaning of the Constitution so they can support, preserve, and defend it against encroachment; and

Whereas, the President and the Congress of the United States have designated September 17th as Citizenship Day and the week of September 16-22, 2012, as Constitution Week; and

Whereas, the people of the County of Sumter do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the Constitution, and the freedoms derived from it;

NOW THEREFORE, I, Eugene R. Baten, Chairman of Sumter County Council, do hereby proclaim September 17th as Citizenship Day and the week of September 16th through September 22nd  as Constitution Week, and invite every citizen and institution to join in this national commemoration.

IN WITNESS THEREOF, I have hereunto set the Seal of Sumter County to be affixed this 17st Day of September 2012. 

ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Byrd, and unanimously carried by Council to adopt the proclamation and to direct the Chairman and the Clerk to execute and deliver the proclamation on behalf of the County. 

NOTE:  Councilman Edens asked the citizens to take the time to read the Constitution to see what this Nation father’s provided for the citizens to live in a nation with freedom. 

(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)   12-774 – Second Reading -- An Ordinance To Abandon And Convey An Unnamed Road On Property Of The First Pentecostal Holiness Church On McCrays Mill Road.

Mr. Johnathan Bryan introduced this ordinance for second reading consideration.  He stated that this ordinance will convey an unnamed road owned by the County and situated on property owned by the First Pentecostal Holiness Church on McCrays Mill Road.  After Mr. Bryan’s presentation, the Chairman convened a public hearing.  Upon conclusion of the public hearing, Council took action on second reading. 

ACTION:  MOTION was made by Councilman Byrd, seconded by Vice Chairman Blanding, and unanimously carried by Council to grant second reading to this proposed ordinance as presented. 

COMMITTEE REPORTS:

(1)   Internal Affairs Committee Meeting To Be Held On Tuesday, August 28, 2012, at 4:30 p.m. -- In Sumter County Administration Building, County Council’s Conference Room –(Byrd, McGhaney, and Sanders – All Council Members Are Asked to Attend).

The Chairman of the Committee, Councilman Byrd, stated that the Committee voted to make the following recommendations to Sumter County Council for ratification.  

Cultural Commission:  Appoint the following people to this Commission: 

  • James Samuel
  • Bee Brown
  • Marsha Taylor Robertson
  • Katherine Poluta

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

Reappointment to the Cultural Commission

  • Seth Reimer

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

Library Board:  Committee recommended to appoint the following person to the Library Board. 

  • Deloris Pringle

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

Development Board:  The Committee recommended directing the County Attorney to develop an ordinance amendment which would amend the existing Development Board’s Ordinance and to place the amended ordinance on the September 11, 2012, agenda for first reading.   The changes would include the following. 

Terms:  Change from two consecutive terms to three consecutive terms. 

Number of Members And Appointing Authority

  • Four (4) by the majority vote of the County Council for Sumter County – Remain the same.
  • Two (2) by the majority vote of the City Council for the City of Sumter – Remain the same.
  • Two (2) by the majority vote of the governing body of Sumter Smarter Growth Initiative – change from one to two.
  • One (1) by the Board of Directors for the Greater Sumter Chamber of – change from to two to one.

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Sumter County Council to approve the recommendation as presented and to have the ordinance prepared for the next meeting of Sumter County Council.   

(2)   Fiscal Tax, and Property Committee Meeting To Be Held On Tuesday, August 28, 2012, at 5:30 p.m. In Sumter County Administration Building, County Council’s Conference Room (Baten, Blanding, and Edens -- All Council Members Are Asked to Attend). 

The Chairman of the Committee, Chairman Baten gave the following report and recommendations. 

  • Update On The I-95 Interchange Beautification Project:  This matter was discussed; however, no action was taken.  It was the consensus of the Committee that the County Administrator would continue to look for funding sources for this project. 

(3Report From Council Members On Other Meetings, Trainings, And/Or Conferences

Councilman Baker reminded the Chairman that Council had previously asked the Planning Director to revise the Landscaping Ordinance to reduce the size of the requirements for trees, shrubbery, etc.  Councilman Baker stated that he would like for this to be placed back on the agenda.  County Administrator Mixon stated that he will talk with Mr. McGregor about this matter and a revised ordinance will be brought to Council for its review and action. 

MONTHLY REPORTS: 

  • My Community And Me Project
  • Golden Apply Award
  • Joint Resolution For The Golden Apple Award – The Clerk asked Council to grant her permission to jointly write a Resolution with the City Clerk for the Golden Apply Award Program.  Council agreed to the request. 
  • S. C. Work Ready Communities
  • Sumter School District – Inviting Council members to attend the regular board meeting which will be held at Central Carolina Technical College Nursing Facility – September 10, 2012, at 6:45 p.m.
  • South Association Of Counties Committee Assignments:  Chairman Baten, Judge Dale Atkinson, Attorney Johnathan Bryan, Mr. Latham Harris, and Mr. Gary Mixon. 

ADMINISTRATOR’S REPORT: 

The Administrator announced to the public and Council members that the County’s staff members, spearheaded by Mrs. Lorraine Dennis, on the Report To The People Project.  The report will be ready within the next few weeks.  Council members are asked to get any changes to the Clerk by the end of the week so that the report can be ready for distribution at the end of September. 

PUBLIC COMMENT: 

The Chairman asked if anyone wished to speak during public comment; the following person spoke. 

  • James Davis spoke to Council; he read the following prepared statement.  (Transcribed according to what Mr. Davis said.)

“Thank you Mr. Chair of the great City of Sumter County and County.  Mr. Chair I would like to give you a short story of a forecast about a story here.  The title of this short story is a “One Cent Baby Tax Fund Pool.”  And the subtopic of this story is “A One Cent Baby Tax Floating Down The River.”  One Cent Baby Tax Relief for Property Tax to back up the Act 388. One Cent Baby Tax for Infrastructure on roads and highways to bring and strengthen our business community for better paying jobs for the great, great Sumter County. One Cent Baby Tax for Education to strengthen our Public School funding or to, I say to respond to what we did not do in the school FY 2010-2011.  One Cent Baby Tax for Santee RTA to help RTA in matching funding for the three to five million dollar in the “Pipe Line”. One Cent Baby Tax for Emergency Maintenance cost for fire trucks, I mean, new Air Conditioning Heating system.  All to help for over run cost on construction cost!  But let me give you the manifold of this One Cent Baby Tax.  This One Cents Baby Tax I thank you Councilman Naomi Sanders; but Miss Naomi Sanders, Council, if you  mind, I am referring to her just name it that way, Mr. Chair, be very careful  with this One Cent Baby Tax. Remember how Moses’ Mother float him down the river into Pharaoh Daughter Hand! Thank you Mr. Chair.  But remember my motto and our motto  “follow.”  Follow is not a good thing, but lead and make this great place to live in would be Sumter County for this One Cents Baby Tax.  These are the things that might be negotiated and remember I have all the data to back it up and many more.  Thank you for your time ladies and gentlemen of Sumter County.“

Chairman Baten thanked Mr. Davis for his comments and he asked for Mr. Davis to get a copy of Mr. Davis’ presentation to the County Administrator. 

Mr. Davis said that he would email it to Mrs. Blanding.

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 Byrd, seconded by Vice Chairman Blanding, and unanimously carried by Council. 


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