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Minutes Regular Meeting 10/09/12

  Minutes
Sumter County Council
Regular Meeting
October 9,  2012 - Held at 4:00 p.m.
Sumter County Administration Building -- County Council Chambers
Third Floor, 13 East Canal Street , Sumter, South Carolina


 

 

 

Minutes

Sumter County Council

Regular Meeting

Tuesday, October 9, 2012 - Held at 6:00 p.m.

County Administration Building County Council Chambers

13 E. Canal Street, Sumter, SC

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 M. Mixon, County Administrator

Pam Craven, Finance Director

Lorraine Dennis, Assist. County Administrator

The Honorable Carolina Richardson

George McGregor, Planning Director

Two Sheriff Deputies

Keysa Rogers, Budget Analyst

Rose Ford, Recreation Director

 

 

MEDIA PRESENT:  None

 

 

THE PUBLIC PRESENT:

Approximately 8 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; therefore, the Chairman called for a motion to approve the October 9, 2012, agenda.    

ACTION:  MOTION was made by Vice Chairman Blanding, seconded by Councilwoman Sanders, and unanimously carried by Council to approve the October 9, 2012, agenda as presented. 

MINUTES:  REGULAR MEETING HELD ON September 25, 2012:  Chairman Baten stated that he would entertain a motion to approve the minutes of Sumter County Council’s Regular Meeting held on September 25, 2012.  

ACTION:  MOTION was made by Vice Chairman Blanding, seconded by Councilman Baker, and unanimously carried by Council to approve the minutes of the regular County Council meeting held on September 25, 2012, as presented.

LAND USE MATTERS AND REZONING REQUESTS

Development/Rezoning Request –

  1.  

Mr. McGregor, the Planning Director presented this proposed rezoning request to Council for first reading consideration.He stated that the property owner/applicant, Mr. Calvin Hastie, has requested that this property be rezoned from Residential 9 (R-9) to General Residential (GR).The applicant attempted to sell this lot to someone who wished to place a mobile home on the property.This lot has always been vacant according to tax records.When the prospective buyer attempted to apply for a mobile home certification, it was disclosed that the property was in the R-9 zoning district, which does not permit mobile homes.The property owner then applied for this rezoning request in order to increase the potential for sale of the parcels.Mr. McGregor further stated that the property is located adjacent to an existing grandfathered non-conforming mobile home on Mooneyhan Road which is also located in the R-9 district.The parcel is also contiguous with several parcels on Enter Street that are zoned General Residential.At this time there are several existing mobile homes located on Enter Street.There is also a mixture of housing styles along Mooneyhan Road, including both mobile homes and site-built homes.

The Planning staff has visited the site and reviewed the request.It was noted that the request is for rezoning of a parcel in order to allow placement of a mobile home on the property.The Planning Commission and Planning staff recommended approval of the request.

After all discussion, Council took action on first reading.

ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Byrd, and unanimously carried by Council to grant first ready approval for this rezoning request. 

Mr.McGregor stated that this proposed ordinance amendment revised the “Trip Generation Manual Data” when traffic studies are done by the Planning Commission. The Trip Generation Manual Data has been used since 1987 and has not been revised since that time.In the current Article Eight (Design and Improvement Standard) of the City and County Zoning ordinance, subsection b. of Section 8.e.2 defines how the street hierarchy system is determined. Section 8.e.2 subsection b says “ The street hierarchy system shall be defined by road function and average daily traffic (ADT), calculated by trip generation rates prepared by the Institute of Transportation Engineers as Indicated in Exhibit 15.”

Exhibit 15 lists different trip generation rates based upon different land use types such as residential use or retail. The rates were based upon Trip Generation Manual Data, 1987 edition, published by the ITE (Institute of Transportation Engineers). There are several revisions and updates of the Manual since 1987. The current Eighth edition was published in 2008. By updating the trip generation rates, the street hierarchy system can be accurately and clearly classified. The changes are reflected in the table attached to the minutes in red/bold.

However, the Trip Generation Manual Data is updated periodically. This new updated version can become obsolete in two or three years.  Therefore, Staff recommends a footnote statement of Exhibit 15 stating “Note: Future trip generation rates will be taken from the most current data available”. To this end, the rates will be reflected on the most current industrial practice.

After all discussion, Council took action on first reading.

ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Byrd, and unanimously carried by Council to grant first reading approval for this ordinance amendment. 

Street Name Change – None

Grant Awards -- None

OTHER PUBLIC HEARING:

(1)   12-777 –An Ordinance Authorizing The Transfer Of Property Near Lesesne Drive, Sumter, SC.  (Council Will Take Action On Second Reading Immediately After The Public Hearing Or During Old Business.)

The County Administrator introduced this item to Council and then the Chairman convened a public hearing on this proposed ordinance.  He asked if anyone wished to speak in favor of or opposition to this ordinance.  No one spoke to this matter; therefore, the Chairman closed the public hearing and Council took action on second reading as listed under old business. 

NEW BUSINESS:

(1)   12-778 – First Reading – An Ordinance Amending Ordinance 12-765 Of Sumter County, South Carolina (The 2012-2013 Sumter County Budget Ordinance) By Changing The Amount Of Funds To Be Allocated Toward The 2012-2013 Budget Of Sumter County.

The County Administrator, Mr. Gary Mixon, presented this proposed ordinance to Council for first reading consideration.  He stated that this ordinance would allow for $80,000 to be used from the County’s Authorized Reserve Funds as a grant match from the South Carolina Department of Transportation, Adopt an Interchange Program.  The grant, if approved, would be in the amount of $400,000.  (See ordinance below)  After all comments, Council took action on first reading. 

ACTION:  MOTION was made by Councilwoman McGhaney, seconded by Councilwoman Sanders, and carried by Council to grant first reading approval for this proposed ordinance amendment.  Councilman Edens voted in opposition; the motion carried.

Ordinance 12-778

WHEREAS, the Sumter County 2012-2013 Budget Ordinance, Ordinance 12-765, was approved on June 28, 2012, and was implemented on July 1, 2012; and

WHEREAS, due to the recognized need to improve the three interchanges on Interstate 95 in Sumter County using funds in the amount of $80,000 currently in the Authorized Reserve funds to match a grant from the South Carolina Department of Transportation, Adopt an Interchange Program, in the amount of $400,000; and

WHEREAS, after the adoption and implementation of Sumter County, South Carolina’s 2012-2013 budget, Sumter County Council recognizes the necessity of revising its budget; and

 NOW, THEREFORE, Sumter County Council in Sumter County, South Carolina duly assembled, amends the 2012-2013 Sumter County Budget Ordinance as follows: 

I.

Type of Change

Line Item

Amount

Revenue

Authorized Reserve Usage

$80,000

Expenditure

Capital Purchases

($80,000)

 

BE IT ORDAINED by the Sumter County Council for Sumter County, South Carolina, that both revenues and expenditures shall be increased by $80,000 and the adjusted budget for 2012-2013 will be $45,156,778 for both expenditures and revenue; and

That this Ordinance shall take effect upon its adoption. 

(2)   12-779 – First Reading – An Ordinance Amending Ordinance No. 10-714 To Provide That Non-Profit Properties Be Treated As Commercial Property For Purposes Of Determining Stormwater Service Charge Rates.

Mr. Mixon also presented this proposed ordinance for first reading consideration.  He stated that this ordinance, if approved, will establish non-profit properties to be treated as commercial property for the purpose of determining Stormwater Service Charges; basically this is a classification change.  The effective date of the ordinance would be July 1, 2013. 

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Blanding, and carried by Council to grant first reading approval for this ordinance amendment.  Council members Byrd and McGhaney voted in opposition.  The motion carried.

Ordinance 12-779

       WHEREAS, Sumter County Council adopted Ordinance 10-714 on September 14, 2010 establishing the Sumter County Stormwater Utility and the Service Charges relating thereto; and

       WHEREAS, that original ordinance, as written, provides that all Commercial properties will be evaluated during the initial 2-year implementation of the program to define final EDU values based on actual impervious cover, which may result in either an increase or decrease of the EDU value of the individual property; and

       WHEREAS, Sumter County Council now desires to treat Non-Profit properties the same as Commercial Properties to provide a more uniform implementation of the Stormwater Utility Fee among the customers of the stormwater utility; and

       WHEREAS, the foregoing reasons constitute a public purpose for amending Ordinance No. 10-714.

       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 Council hereby amends Ordinance 10-714 as follows:

1.  The words “All Non-Profit properties, as defined by this ordinance, will be evaluated during the third year of implementation of the program to define final EDU values based on actual impervious cover, which may result in either an increase or decrease of the EDU value of any individual property.” shall be added as the next to last sentence of Sub- Section 14-118 (2) and the words “or Non-Profit property” shall be added to the last sentence so that the section now  will read:

Commercial properties and Non-Profit properties.  Commercial properties, as defined by this ordinance, and Non-Profit properties, as defined by this ordinance, shall be billed for the stormwater service charges, as defined in this article, of 1½ EDU, equivalent to $45.00 per year.  Commercial properties will be evaluated during the initial 2-year implementation of the program to define final EDU values based on actual impervious cover, which may result in either an increase or decrease of the EDU value of the individual property.  All Non-Profit properties, as defined by this ordinance, will be evaluated during the third year of implementation of the program to define final EDU values based on actual impervious cover, which may result in either an increase or decrease of the EDU value of any individual property. To initiate immediate assessment of a Commercial property or Non-Profit property, see Section 14-120 of this ordinance.

2.   The words “non-profit property” shall be added to the Section 14-120. Appeals so that Sub-Sections (1) and (2) now will read as follows:

Sec. 14-120. Appeals.

Any non-profit, commercial, industrial or agricultural use customer aggrieved by a final assessment of the provisions of this division may appeal the decision in the following manner and sequence.

(1)   An appeal must be filed in writing with the county administrator (or designee). At the discretion of the county, the appeal may require a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area, and any other features or conditions that influence the hydrologic response of the property to rainfall events.  During the 2-year initial implementation of the program, the county will assist in the assessment of impervious cover and EDU calculations for commercial, industrial, or agricultural use customers.  During the third year of implementation of the program, the county will assist in the assessment of impervious cover and EDU calculations for Non-Profit use customers.

(2)   Using information provided by the appellant, a technical committee comprised of the Stormwater Department Director and two (2) other persons appointed by the county administrator shall conduct a technical review of the conditions on the property and respond to the appeal in writing within thirty (30) days.   In response to an appeal, the Stormwater Department Director or designee may adjust the stormwater service charge applicable to the property in conformance with the general purposes and intent of this division. During the 2-year initial implementation of the program, the county may waive the technical review requirement as to commercial, industrial or agricultural use customers.  During the initial 3-year initial implementation of the program, the county may waive the technical review requirement as to non-profit use customers.

3.  As amended, the Stormwater Utility Ordinance will read as shown in Attachment A hereto.

4.  This amendment applies to tax year 2013 and subsequent years.

(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 matter was held. 

OLD BUSINESS: 

(1)   12-­­­­776 – Third Reading -- An Ordinance To Amend Ordinance No. 04-550 To Change The Appointing Organization For One Board Member Position On The Sumter  Development Board.

This third reading request was introduced by the County Administrator.  Mr. Mixon stated that there have been no changes to the ordinance since first reading.  The Chairman then called for action on third reading. 

ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Byrd, and unanimously carried by Council to grant first reading approval for this ordinance amendment. 

(2)   12-777 – Second Reading -- An Ordinance Authorizing The Transfer Of Property Near Lesesne Drive, Sumter, SC

Mr. Gary Mixon, the County Administrator, stated that the County Attorney, Mr. Johnathan Bryan, was absent from the meeting due to a military commitment.  Nevertheless, the ordinance was up for second reading and a public hearing.  There have been no changes to this proposed ordinance since first reading.  The Chairman convened a public hearing and after the public hearing, Council took action on second reading. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Byrd, and unanimously carried by Council to grant second reading approval for this ordinance amendment.  

COMMITTEE REPORTS:

(1)   Land Use Workshop Of Sumter County Council To Be Held On Tuesday, October 9, 2012, at 5:00 p.m. In Sumter County Administration Building, County Council’s Conference Room (All Council Members Are Asked to Attend). 

The Chairman stated that there was a meeting for Land Use; however, there is no action that was taken.  The Planning staff will continue to work on this matter and get back to Council about implementing these changes.   

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

  • Councilman Baker spoke to Council about the need to revisit issues relating to codes; specifically the time lapse for requiring to have the grass cut, and clearing debris from the yard. 

MONTHLY REPORTS:

  • Grand Opening of the Concord Community Center
  • Sumter County Community Development Corporation and Youthbuild – October 12, 2012 Dedication and Ribbon Cutting
  • Vice Chairman Blanding has been affirmed as a member of NACO’s Economic Development and Community Development Committee. 
  • Military Officers Association of America – Santee-Wateree Chapter – Octoberfest Town Hall Meeting With District 5, SC US Representative Mr. Mulvaney.

COUNTY ADMINISTRATOR’S REPORT:

  • Letter of Gratitude from the American League for the Local County Fair.
  • Mr. Mixon thanked everyone for their support during the lost of his mother. 

PUBLIC COMMENT: 

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

ADJOURNMENT

There being no further business for Sumter County Council, and no additional comments from the public, the meeting was adjourned at 6:25 p.m. after a motion by Councilman Byrd, seconded by Councilman Baker, and unanimously carried by Council. 

 


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