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Minutes Regular Meeting 12/11/12

  Minutes
Sumter County Council
Regular Meeting
December 11, 2012- Held at 6:00 p.m.
Sumter County Administration Building -- County Council Chambers
Third Floor, 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 M. Mixon, County Administrator


Pam Craven, Finance Director


The Honorable Carolina Richardson, Treasurer


Johnathan Bryan, County Attorney


 


 


MEDIA PRESENT


The Item Newspaper


 


 


THE PUBLIC PRESENT:


Approximately 9 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 December 11, 2012, agenda.    


ACTION:  MOTION was made by Councilman Baker, seconded by Councilwoman Sanders, and unanimously carried by Council to approve the December 11, 2012, agenda as presented. 


MINUTES:  REGULAR MEETING HELD ON NOVEMBER 27, 2012:  Chairman Baten stated that he would entertain a motion to approve the minutes of Sumter County Council’s regular meeting held on November 27, 2012.  


ACTION:  MOTION was made by Vice Chairman Blanding, seconded by Councilwoman McGhaney, and unanimously carried by Council to approve the minutes of the regular County Council meeting held on November 27, 2012, as presented.


LAND USE MATTERS AND REZONING REQUESTS -- None


Development/Rezoning Request –


Street Name Change – None


Grant Awards -- None


OTHER PUBLIC HEARING:  


(1)   12-781 – An Ordinance Ratifying The Existing Multi-County Park Agreement Between Sumter County, South Carolina And Lee County, South Carolina Enacted In Sumter County By Sumter County Ordinance No. 96-299, As Amended By Sumter County Ordinances 96-308 And 96-310; Ratifying The Existing Park Boundaries And Authorizing The Execution And Delivery Of A Revised And Restated Multi-County Park Agreement. (Council May Take Action On This Matter Immediately After The Public Hearing Or During Old Business.)


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


NEW BUSINESS:


(1)   12-782 – First 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 and the County Attorney further explained the proposed ordinance.  Mr. Bryan stated that Central Electric Power Cooperative, Inc. needs a permanent easement on land owned by the County which adjoins North Wise Drive and Brewington Road.  (See ordinance listed below.)  After review of the ordinance, Council took action on first reading. 


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


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 easement 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.


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


The Chairman also introduced this ordinance and Mr. Bryan, the County Attorney, briefed Council and the public on the contents of the ordinance.  (See ordinance listed below.)  He stated that as part of the Airport Runway Safety project, the County was required to do some stream mitigations so the County did the stream mitigations on Crystal Lakes Golf Course.  Restrictive Conveyances are required for this stream mitigation on the golf course.  Therefore, this ordinance will make the declaration of the restrictive conveyance.  After Mr. Bryan’s presentation, Council took action on first reading. 


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


WHEREAS, Sumter County, currently owns property which is part of the Crystal Lakes Golf Course, identified as TMS number 230-00-02-044; and


WHEREAS,  part of that property is needed by a compensatory mitigation for a stream which was disturbed as part of the Runway Safety Area improvements at the Sumter Airport; and


WHEEAS,    setting aside the identified property for the compensatory stream mitigation will not interfere with the public’s use of the adjoining property which is the Crystal Lakes Golf Course; and 


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


WHEREAS,  it is in the public interest to use property in a manner that promotes growth and economic development in one place and environmental protection in another place yet does not impinge on any other public interest as determined by 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 the Sumter County Council authorize the Declaration of Restrictive Covenants attached hereto, the terms of which are incorporated herein by reference.


The Chairman of Sumter County Council is authorized to sign the Declaration on behalf of the County of Sumter.


(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)   12-781 – Third Reading -- An Ordinance Ratifying The Existing Multi-County Park Agreement Between Sumter County, South Carolina And Lee County, South Carolina Enacted In Sumter County By Sumter County Ordinance No. 96-299, As Amended By Sumter County Ordinances 96-308 And 96-310; Ratifying The Existing Park Boundaries And Authorizing The Execution And Delivery Of A Revised And Restated Multi-County Park Agreement.


The County Attorney stated that Council needed to hold a public hearing on this matter prior to action on third reading.  This proposed ordinance would ratify modifications to the existing Multi-county Park Agreement between Sumter and Lee Counties.  This ordinance amendment will bring Sumter County’s agreement with Lee County in line with the agreements Sumter County has with Kershaw and Clarendon Counties.  There have been no changes since first reading.    


The Chairman convened a public hearing; after the public hearing was closed, Council took action on third reading of this ordinance. 


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


COMMITTEE REPORTS:


(1)   Fiscal Tax, and Property Committee Meeting To Be Held On Tuesday, December 11, 2012, At 5:00 p.m. In Sumter County Administration Building, County Council’s Conference Room (McGhaney, Byrd, and Sanders -- All Council Members Are Asked to Attend). 


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



  1. Executive Session Matter: The Committee received information from Jay Schwedler concerning an economic development project.  The Committee recommended in open session to approve the economic development project as presented by Mr. Schwedler and the project involves Black River Electric Cooperative. 

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



  1. Lease Purchase Agreement – The Committee received information concerning leasing equipment for Crystal Lakes Golf Course.  After review of the information the committee recommended approval on the lease purchase agreement. 

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



  1. Produce Zoning  -- The Committee asked that the Administrator forward a request to the Planning Department to review the County’s Produce Zoning Ordinance and bring back a recommendation to the Fiscal, Tax, and Property Committee. 

ACTION:  MOTION and second were received from 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.



  • Councilman Charles T. Edens, who is the President of SCAC, reported on the recent SCAC Legislative Policy Conference on November 30 and December 1, 2012.  He further stated that the Policy booklet should be ready for distribution soon, and he asked Council members to review the Policies that SCAC would like for the General Assembly to address during this session year. 


  • Councilwoman Vivian Fleming McGhaney reported on the Santee Lynches Regional Council On Governments meeting which was held on December 3, 2012.  She further stated that she is on the HOME Consortium and the Committee for Community Development. The Community Development Block Grant opportunity will be available again; any local government can apply for these grant funds.  Councilwoman McGhaney stated that she hopes Sumter County will take advantage of the opportunity by applying for these grant funds.


  • Chairman Baten announced that Mr. Jay Schwedler has been named South Carolina Director of Southern Economic Development Council (SEDC) Board of Directors.  Jay Schwedler, EDFP, is the CEO/President of Sumter Development Board.  Jay will serve a two-year term on SEDC’s Board as the Board’s Director beginning in January 2013.  Mr. Schwedler was most recently the South Carolina Alternate Director for the 2012 SEDC Board of Directors and has been a member of SEDC for four years.

MONTHLY REPORT:



  • Historical Commission Financial Report

  • Ribbon Cutting – Unique Consignments

  • Open House – Historical Commission

  • Emergency Management

COUNTY ADMINISTRATOR’S REPORT:



  • County Council Media Project – Work continues on the project and should be completed by March of 2013.  (WIFI, update recording system, television monitor for better viewing of information, and new podium which will be electronically equipped.)

  • Chamber of Commerce Lobby Day will be held on March 6, 2013 Lobby Days

PUBLIC COMMENT: 


The Chairman recognized Mr. Ferdinand Burns, of the NAACP; Ms. Patty Wilson, member of the Sumter School District; and the County’s Assistant Administrator, Mrs. Lorraine Dennis.  Chairman Baten then asked if anyone wished to speak during public comment; the following person spoke during public comment



  • Mr. James Davis stated that he brings greetings from the neighborhood of Robins Street and Council Street.  The neighbors have appreciated what County Council and Public Works have done by cleaning the ditches and sewer area in this community. 

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 Vice Chairman Blanding, and unanimously carried by Council. 


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