Minutes Regular Meeting 11/13/12

Minutes

Sumter County Council

Regular Meeting

Tuesday, November 13, 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.                             

ANNOUNCEMENT:  Vice Chairman Blanding asked Chairman Baten to allow for him to make a comment; the Vice Chairman congratulated the four council members who won their campaign for the seat that they currently hold as a council member (Naomi D. Sanders, District #1; James Byrd, District #3; Vivian Fleming McGhaney, District #5, and Eugene Baten, Distict #7).

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 November 13, 2012, agenda.    

ACTION:  MOTION was made by Councilman Edens, seconded by Councilman Baker, and unanimously carried by Council to approve the November 13, 2012, agenda as presented. 

MINUTES:  REGULAR MEETING HELD ON OCTOBER 23, 2012:  Chairman Baten stated that he would entertain a motion to approve the minutes of Sumter County Council’s regular meeting held on October 23, 2012.  

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Blanding, and unanimously carried by Council to approve the minutes of the regular County Council meeting held on October 23, 2012, as presented.

LAND USE MATTERS AND REZONING REQUESTS

Development/Rezoning Request –

(1)   RZ-12-08 -- 301 Mooneyhan Road—Third Reading (County) -- A Request To Rezone A +/- 0.27 Acre Parcel Located At 301 Mooneyhan Rd. From Residential-9 (R-9) To General Residential (GR).  The Property Is Represented By Tax Map #251-12-01-011.

George McGregor, Planning Director, stated that there have been no changes to this proposed rezoning request since first reading.Therefore, the Chairman called for a motion on third reading.

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

Mr. McGregor stated that this proposed ordinance amendment has had no changes since first reading.He asked Council to consider granting third reading to this ordinance amendment.The Chairman called for action on third reading.

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

Street Name Change – None

Grant Awards -- None

OTHER PUBLIC HEARING:  None

NEW BUSINESS:

(1)   12-781 – First 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 the County currently has a multicounty park agreement with Lee County; however, this agreement would provide for the approval of an amendment to the existing agreement.  The major amendment in this ordinance will give more flexibility to Sumter County and Lee County to add property to the park or take property out of the park in the host County’s own park.  This ordinance would also give flexibility to distribution to the revenue generated through the park. 

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

(2)   A Resolution To Approve The Memorandum Of Understanding And Agreement Between Sumter County And The South Carolina Association Of Counties Relating To The South Carolina Association Of Counties Being Authorized And Designated As The Claimant Agent For Sumter County Pursuant To The Setoff Debt Collection Act Of 2003, As Amended And The Governmental Enterprise Accounts Receivable Program. 

The County Attorney presented this proposed resolution to Council for approval.This resolution would allow for the County to participate in the Government Enterprise Accounts Receivable (GEAR) program through the South Carolina Association Of Counties Setoff Debt Collection Act of 2003.After review of the proposed ordinance and the Memorandum of Understanding (MOU), Council took action on approval of the resolution which would grant authority to the Chairman to sign the MOU.

ACTION:  MOTION was made by Councilman Baker, seconded by Councilman Edens, and unanimously carried by Council to adopt this resolution as presented and directed the Chairman and the Clerk to execute and deliver this resolution on behalf of the County. 

Whereas,           the Setoff Debt Collection Act of 2003, as amended, and the Governmental Enterprise Accounts receivable program as set out in § 12-4-580 (2003), allows the South Carolina Department of Revenue to render assistance in the collection of delinquent accounts or debts owing to the County; and,

Whereas,           the County wishes to increase the collection rate of debts that are due and owing to the County by availing itself to the Setoff Debt Collection Act of 2003, as amended, and the Governmental Enterprise Accounts Receivable program as set out in § 12-4-580 (2003) and,

Whereas,        the County Council has reviewed and approved the Memorandum of Understanding and Agreement designating the South Carolina Association of Counties to serve as the County’s claimant agent;

Now, Therefore, Be It Resolved, by the County Council of Sumter, South Carolina, in Council assembled that the Memorandum of Understanding and Agreement between the County and the South Carolina Association of Counties relating to the Association serving as the County’s claimant agent pursuant to the Setoff Debt Collection Act of 2003, as amended, and the Governmental Enterprise Accounts Receivable program as set out § 12-4-580 (2003) is approved. A copy of the Memorandum of Understanding and Agreement is incorporated herein by reference. 

(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)   12-778 – Third 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 also presented this proposed ordinance to Council concerning amending the budget ordinance.  He also stated that the public hearing was held at the last meeting; however, Councilman Baker wants to make an amendment to this ordinance. 

Councilman Baker then presented the following amendment and the Chairman entertained the following motion. 

ACTION:  MOTION was made by Councilman Baker, seconded by Councilwoman McGhaney, and unanimously carried by Council to amend this ordinance by adding a $90,000 expense to be used as a one-time across the board salary incentive for the County employees. The funds would be secured from the Reserve Account.  

After receiving the amendment, the Chairman then asked for a motion to approve the amended budget ordinance as amended. 

ACTION:  MOTION was made by Vice Chairman Blanding, seconded by Councilwoman McGhaney, and carried by Council to grant approval of this ordinance as amended.  Councilman Edens voted in opposition to third reading. 

NOTE:  Prior to voting on this matter, during discussion, Councilman Edens stated that for the record he would like to be recorded why he is opposed to this ordinance.  He stated that there are too many other needs than to be beautifying interchanges that are 18 miles out of the City limits.  He stated that he is not only opposed to spending the local money, but he is also opposed to spending the state and federal money; it is still his tax monies and he does not believe it should be spent in this manner when there are many other needs.  He added that with the federal deficit the way it is right now, what if all the communities that had interchanges wanted to do this project, where do we stop.  Councilman Edens further stated that we must stop somewhere in this country in spending money that we do not have.  We are doing things that we do not have to do, per Councilman Edens.  He further stated that he has been traveling a lot lately going to Clemson Football Games.  He travels I-26, 385, and I-85; there are many restaurants and stores, but there is no beatification of the interchange, just wild (volunteer) trees.  Sumter County does not have the infrastructure at the interchange.  He also stated that Sumter County’s interchanges already look better than some of the interchanges near places like Michelin Headquarters; Walmart Distribution Center, or some of the other interchanges in the upstate.  Councilman Edens stated that he would rather see the County take the $80,000 and find matching money for sewer to get to I-95 and other infrastructure instead of worrying about what it looks like.   The infrastructure could then bring in industry.

Councilwoman McGhaney stated that she has also been traveling and she said that Lee County already has this development at I-20 and it does make a difference in the appearance. 

(2)   12-779 – Third 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 presented this proposed ordinance for third reading approval.  Council took action on its adoption. 

ACTION:  MOTION was made by Councilman Baker, seconded by Vice Chairman Blanding, and carried by Council to grant third reading.  Councilwoman McGhaney and Councilman Byrd voted nay. 

COMMITTEE REPORTS:

(1)   Internal Affairs Committee Meeting To Be Held On Tuesday, November 13, 2012, at 4:00 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. 

• Accommodations Tax Advisory Board:  The Committee recommended that the name of candidate “B” be sent to the City of Sumter for consideration and confirmation. 

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to direct the Clerk to send the name of Candidate “B” to the City of Sumter for consideration and confirmation. 

• Airport Commission:  The Committee recommended that Bill Lynam be appointed to the Airport Commission.   

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to appoint Bill Lynam to the Airport Commission.

• Planning Commission:  The Committee recommended that the names of candidate “D” and “L” to the City of Sumter for consideration and confirmation. 

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to direct the Clerk to send the names of candidates “D” and “L” to the City of Sumter for consideration and confirmation. 

(2)   Fiscal Tax, and Property Committee Meeting To Be Held On Tuesday, November 13, 2012, at 4:30 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, Chairman Baten, gave the following report and recommendations from the Committee meeting. 

Contractual Matter #1:  MOTION and second were received from the Committee to direct the County Administrator to set-aside lease agreement from the Sumter Transport. 

ACTION:  MOTION and second were received from the Committee, and unanimously carried by Council to direct the County Administrator to process the appropriate documents pertaining to a set-aside lease agreement between Sumter County and the Sumter Transport Company. 

Contractual Matter #2:  MOTION and second were received from the Committee to direct the County Administrator to continue the evaluation of information pertaining to the Multicounty Park and to engage the necessary staff to ensure that this project is processed correctly.   

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

Contractual Matter #3:  MOTION and second were received from the Committee to direct the County Administrator to enter into an agreement with a bond attorney pertaining to legal matters associated with the County and multicounty parks.     

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

Financial Report:  The Financial staff gave a monthly financial report as of October 31, 2012.       

ACTION:  Received as information. 

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

No information was shared. 

MONTHLY REPORTS:

• Safe_Play
• Development Board Strategic Planning Meeting
• Government Affairs Meeting
• Christmas Tree Lighting Program – November 30, 2012
• S. C. Association of Counties Legislative Conference
• Saltertown Community Center Groundbreaking

COUNTY ADMINISTRATOR’S REPORT:

Veterans Day Ceremony:  Mr. Mixon thanked Chairman Baten, Vice Chairman Blanding, and Councilwoman Sanders for attending the Veterans Day Ceremony.  He also stated that the program was well attended by the public, the military, and local veterans. 

PUBLIC COMMENT: 

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

• Patricia Lewis stated that she is representing the South Sumter Neighborhood Association.  She stated that they are requesting support in placing a community substation on the corner of 702 South Main Street and Atlantic Avenue.  Ms. Lewis stated that they have learned that the lot belongs to the County.  They would also like to place a building on the property.  Sheriff Dennis has provided a mobile home for the group.  However, the mobile home is located in Rembert, SC.  Ms. Lewis said the group will need the county’s assistance to move the mobile home from Rembert to the new location.  The neighborhood group will use this building for several community purposes (crime watch, neighborhood meetings, beautification association, a place for disbursement of information, a place of receiving assistance).  Ms. Lewis also said that the group will need assistance for paying for water, utilities).  In addition, the building needs to be renovated to resemble the building that the County owns at the corner of Manning Avenue and Orange Street. Lastly, she stated that the group needs some type of stable police presence in this area because of the drug dealers, the shootings, and other crimes.  Ms. Lewis ended her remarks by stating that this will be a joint effort of the City and County law enforcement, the community, and County Council, and eventually have businesses to open up in the community.

• Ethel Wells talked to Council about the increase in her property taxes.  She was asked to talk to the County Attorney. 

• Ann August thanked Council members for their support during her 12 year tenure as Executive Director for Santee Wateree Regional Transportation Authority.  She stated that her last day of work in Sumter is December 14, 2012.  (The Chairman thanked Ms. August for all her work and community involvement.)

• James Davis congratulated each of the Council members for being elected for another term (Baten, Byrd, McGhaney, and Sanders).  He stated that he hopes in the future that he can work with County Council.  The Committee For Responsible Government will have another Chairman for next year. The top matter for the group will be to try to merge some local offices between the City and County Government and to merge the law enforcement agencies over the next two years. 

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.