Minutes Regular Meeting 10/23/12

Minutes

Sumter County Council

Regular Meeting

Tuesday, October 23, 2012 - Held at 6:00 p.m.

County Administration Building County Council Chambers

13 E. Canal Street, Sumter, SC

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 23, 2012, agenda.    

ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Byrd, and unanimously carried by Council to approve the October 23, 2012, agenda as presented. 

MINUTES:  REGULAR MEETING HELD ON OCTOBER 9, 2012:  Chairman Baten stated that he would entertain a motion to approve the minutes of Sumter County Council’s Regular Meeting held on October 9, 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 October 9, 2012, as presented.

LAND USE MATTERS AND REZONING REQUESTS

Development/Rezoning Request –

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

Donna McCullum, the Zoning Administrator, presented this proposed rezoning request to Council for second reading and public hearing.After Ms. McCullum’s presentation, the Chairman convened a public hearing on this matter.He asked if anyone wished to speak in favor of or opposition to this rezoning request.No one spoke to this issue.The Chairman closed the public hearing and Council took action on second reading.

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

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

Ms. McCullum also presented this proposed ordinance amendment to Council for second reading and public hearing.After her presentation, 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.No one spoke to this issue.The Chairman closed the public hearing and Council took action on second reading.

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

Street Name Change – None

Grant Awards -- None

OTHER PUBLIC HEARING:

(1)   12-778 – 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. (Council Will Take Action On This Ordinance Immediately After The Public Hearing Or During Old Business.)

Prior to the public hearing, the County Attorney, Mr. Johnathan Bryan, briefed Council on this proposed ordinance.  The Chairman convened a public hearing on this matter.  He asked if anyone wished to speak in support of or opposition to this proposed ordinance amendment.  The following members of the public spoke. 

•          Mrs. Dee Schmidt spoke in opposition to this proposed ordinance.  She stated that Council should not support this ordinance because it involves more than a onetime expense.  She asked Council who would be responsible for keeping up the beautification of the interchanges if the County received these funds.

•          Mr. James Davis spoke in support of this ordinance stating that it would help with economic matters in the County. 

After all comments, the Chairman closed the public hearing and Council took action on this matter as listed under Old Business of these minutes. 

(2)   12-779 – 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.  (Council Will Take Action On This Ordinance Immediately After The Public Hearing Or During Old Business.)

Mr. Johnathan Bryan also briefed Council on this proposed ordinance.  Then the Chairman convened a public hearing on this proposed ordinance amendment.  He asked if anyone wished to speak in support of or opposition to this ordinance amendment.  No one spoke; therefore, the Chairman closed the public hearing and Council took action on this matter as listed under Old Business of these minutes. 

NEW BUSINESS:

(1)   Review And Adoption Of 2013 Sumter County Employee Calendar. 

The Clerk to Council, Mary W. Blanding, presented the proposed 2013 Sumter County Employee Holiday Calendar to Council for adoption.  After review of the calendar, Council took action on its approval.

2013 Sumter County Employee Calendar

       VARIED                                                                   EMPLOYEE BIRTHDAY

ACTION:  MOTION was made by Councilman Baker, seconded by Councilwoman McGhaney, and unanimously carried by Council to adopt the 2013 Holiday Calendar as presented. 

(2)   Review and Adoption Of 2013 County Council Meeting Calendar.

Mrs. Blanding presented the 2013 Meeting Calendar for Sumter County Council (see calendar below) to Council members for review and adoption.  After reviewing the dates for Council’s meetings, Council took action on its approval. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman McGhaney, and carried by Council to adopt the 2013 Holiday Calendar as presented.  Vice Chairman Blanding voted nay.

(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.   To Receive A Legal Briefing.  (This Executive Session Will Be Held After Public Comments.)

The executive session was held after public comments.  See information below. 

OLD BUSINESS: 

(1)   12-777 – Third Reading -- An Ordinance Authorizing The Transfer Of Property Near Lesesne Drive, Sumter, SC. 

Mr. Bryan informed Council that there have been no changes to this ordinance since first reading.  Council then took action on third reading approval. 

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

(2)   12-778 – Second 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.

Mr. Bryan, the County Attorney, briefed Council on the contents of this ordinance.  He stated that there have been no changes to the ordinance since first reading.  Mr. Bryan reminded Council that this ordinance in connection with a grant that the County hopes to receive.  The grant ($400,000) requires a $80,000 match from the County in to obtain the funds for the Adopt An Interchange Program through the South Carolina Department Of Transportation.  The interchanges that these funds would be used for would include three interchanges off Interstate 95.  After his briefing, the Chairman convened a public hearing.  Once the hearing was concluded, the Chairman called for a motion on second reading. 

ACTION:  MOTION was made by Vice Chairman Blanding, seconded by Councilwoman McGhaney, and carried by Council to grant second reading to this ordinance as presented.  Councilman Edens voted nay.  The motion carried.

(3)   12-779 – Second 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.

The County Attorney gave Council a briefing on this ordinance.  He stated that there have been no changes to the ordinance since first reading.  After his briefing, the Chairman convened a public hearing.  Once the hearing was concluded, the Chairman called for a motion on second reading. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Edens, and carried by Council to grant second reading to this ordinance as presented.  Council members Byrd and McGhaney voted nay.  The motion carried.

COMMITTEE REPORTS:

(1)   Internal Affairs Committee Meeting To Be Held On Tuesday, October 23, 2012, at 5:00 p.m. In Sumter County Administration Building, County Council’s Conference Room (Byrd, McGhaney, and Sanders). 

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

1. Discussion Concerning Overall Terms Of Appointments For Council’s Boards and Commissions. 

The Clerk to Council provided the Committee members and other Council members with information concerning overall terms of appointments for Council’s Boards and Commissions.  No action was taken; received as information only.

2. Executive Session Matters -- Discussions And Possible Appointments To The Following Boards And Commissions:

•  Accommodations Tax Advisory Board:  It was recommended that the name of one of the candidates be sent to the City of Sumter as recommending to approve the person so that the City can also ratify the appointment. 

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

• Alcohol And Drug Abuse Commission:  No action taken. 

• Airport Commission – No action taken.

• Cultural Commission -- Appoint Ramsey Scott. 

ACTION:  MOTION and second were received from the Committee and unanimously carried by Council to approve the appointment of Ramsey Scott to the Cultural Commission.

• Development Board – Recommended to reappoint

ACTION:  MOTION and second were received from the Committee and unanimously carried by Council to approve to reappoint Mr. Earl Wilson, John Brabham, and Jess Williams to the Development Board. 

• Historical Commission – No action taken.

• Iris Festival Board – Recommended to reappoint Holly Chase and Bertha Dinkins. 

ACTION:  MOTION and second were received from the Committee and unanimously carried by Council to approve the reappointment of Bertha Dinkins and Holly Chase to the Iris Festival Board. 

• Planning Commission – No action taken. 

• Tax Board Of Appeals – No action taken. 

 (2)  Technology/Personnel Committee Meeting To Be Held On Tuesday, October 23, 2012, at 5:30 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, Councilman Byrd, gave the following report and recommendations. 

1. Update On Technology For County Council Chambers and Conference Room. 

A report was jointly given by the County Administrator and Councilman Byrd; however, no action was taken. 

2. Executive Session:  It May Be Necessary To Hold An Executive Session To Receive A Legal Briefing, Personnel Matter, or Contractual Matter And Then To Take Action On Any Of These Matters As Necessary.

• Discussion And Possible Action Pertaining To A Legal Matter. 

This matter was discussed in executive session and no action was taken. 

• Discussion and Possible Action On Changing The Name Of Positions On The County’s Position Control Sheet. 

The Committee received a request to change the name of positions on the Position Control Roster for Sumter County. The Committee recommended approval of both requests as listed below.   

• EMS – Two additional Assistant Supervisors were omitted from the position control roster, and 1 Clerk which was approved by Council on November 22, 2011, were also omitted from the position control sheet.  Therefore, staff asked that the new position title be approved as follows: (1) Assistant Director/Training Officer – currently serving as Paramedic/Training Officer and (2) Reduction of Paramedics (fulltime), which will be a reduction from 16 employees to 12 employees. 

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

• Finance Position Control:  The Committee recommended approval of the request to replace the Budget Analyst position title with a new title as Internal Auditor/Budget Analyst. 

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

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

• Councilman Charles T. Edens, who is the President for the South Carolina Association of Counties, stated that he along with Chairman Baten, Vice Chairman Blanding, and the County Administrator, Gary Mixon attended the South Carolina Association of Counties County Council Coalition on October 19, 2012.  Vice Chairman Blanding was elected as the Vice President of the County Council Coalition of Counties. 

• Chairman Baten reminded Council and the public that Councilman Charles T. Edens is the President of the South Carolina Association of Counties. 

• Councilwoman McGhaney stated that the second graders at R. E. Davis Elementary School are currently studying City and County Government and that they appreciate all that the Council members are doing. 

• Ribbon Cutting Ceremony was held on October 16, 2012, at Concord Community Center near R. E. Davis Elementary School. 

MONTHLY REPORTS:

• Grand Opening of the Concord Community Center
• Golden Apple Award

COUNTY ADMINISTRATOR’S REPORT:

• Quarterly Payment for the Penny Sales Tax -- $2,652,169.34; total thus far in collections are $32,445,631.27.  This quarterly payment is slightly less than the last quarterly payment received ($80,000); however, it is up about $60,000 from the same quarter last year.  After the next quarterly payment, it will be the midpoint of the seven year collection. 

• Sunday, November 11, 2012, at the Civic Center, the first South Carolina Roller Derby Championship will be held in Sumter beginning at 12:30 p.m. 

PUBLIC COMMENT: 

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

EXECUTIVE SESSION:

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.   To Receive A Legal Briefing.  (This Executive Session Will Be Held After Public Comments.)

Prior to entering executive session, the Chairman stated that he would entertain a motion to enter executive session to receive a legal briefing.  The following motion was given. 

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Blanding, and unanimously carried by Council to enter executive session to receive a legal briefing. 

At the conclusion of executive session, Council reentered open session. 

 ACTION:  MOTION was made by Councilman Byrd, seconded by Councilman Baker, and unanimously carried by Council to reenter open session.

REPORT FROM EXECUTIVE SESSION:

Chairman Baten reported that no action was taken nor did Council need to take any action on this executive session. 

ADJOURNMENT: 

There being no further business for Sumter County Council, and no additional comments from the public, the meeting was adjourned at 7:28 p.m. after a motion by Councilman Byrd, seconded by Councilman Baker, and unanimously carried by Council.