County Administrator’s Report of Council Actions

Regular Session Meeting

April 3, 2001

6:00 p.m.

 

Call to Order – Kit Smith

Invocation – Jim Tuten

Adoption of Agenda – Adopted with the addition of a Presentation by Martha Bogle of the National Park Service under the County Administrator’s Report, and moving the second reading of the Stormwater Ordinance to the end of the agenda in order to accommodate an executive session on the matter.

Point of Personal Privilege: Pearce – Council Member Greg Pearce recognized Bob Russell, Bruce Rippeteau and C.V. Smith and thanked them for coming out to support the Lease Agreement for the Curtiss Wright Hangar that is on the consent agenda tonight.

Presentation of Resolutions

  1. Emergency Services Department – County Administrator Cary McSwain presented a Resolution commending EMS employees.
  2. Miss Austin Newman, S.C. Volunteer of the Year – Council Member Greg Pearce presented a Resolution to Miss Newman for her outstanding volunteer work.

Citizen’s Input – Several citizens spoke.

Approval of Minutes

— Regular Session, March 20, 2001 – Adopted as submitted.

Report of County Attorney For Executive Session Items – Item 2a requires an executive session in order to receive a legal briefing.

Report of County Administrator

  1. Congaree National Monument – Ms. Martha Bogle, Park Director, announced that the Visitor’s Center and Access Road Project won the Park Service’s National Partnership Award, and thanked
  2. the County for their partnership in the project. An awards ceremony will be held in Washington, DC, and the County is invited to attend.

  3. DHEC Public Hearing – The County Administrator announced that a DHEC public hearing concerning Lucent Technologies is scheduled for tonight at 7:00 pm.
  4. Budget Forums – The County Administrator announced that the County is holding public forums on the County budget, with the first scheduled for April 5 in Hopkins.
  5. Richland 101 – The County Administrator announced that Richland 101 starts April 19th. The County has received good publicity from the media in advertising the classes.

Open/Close Public Hearing Item – A public hearing was held for the ordinance amendment increasing County code violations.

Approval of Consent Items

  1. 01-23MA Wendy Luce, First Commercial Company, from D-1 to C-3, South Side Rabon Road East of Farrow Road – Third reading given to this rezoning request. Action: Planning/Legal
  2. Schmalbach Lubeca – Third reading approval given to an ordinance consenting to revisions to the lease agreement between Richland County and Schmalbach Lubeca and the lease agreement between Richland County and Wilmington Trust Company to provide for a sale-leaseback arrangement between Schmalbach Lubeca and its affiliates. Action: Administration/Legal
  3. 01-37MA, Dibble Manning, from M-2 to M-1, 475 Killian Road – Third reading given to this rezoning request. Action: Planning/Legal
  4. Billboard Moratorium – Third reading given to an ordinance amendment extending the billboard moratorium to July 31, 2001. Action: Planning/Legal
  5. Littering Penalty Ordinance – Second reading given to this ordinance amendment that corrects an inconsistency between the littering fine found in the Stormwater Management Ordinance and the Garbage, Trash and Refuse Ordinance. Info: Legal/Special Services
  6. 01-15MA, Thomas McGee, from RU to C-2, 4114 Hard Scrabble Road – Second reading given to this rezoning request. Info: Planning/Legal
  7. 01-44MA, Roy W. Derrick, from D-1 to C-3, 3516 Broad River Road - Second reading given to this rezoning request. Info: Planning/Legal
  8. 01-45MA, Stan Mack and Thomas Burkett, from D-1 to C-3, Buckner Road - Second reading given to this rezoning request. Info: Planning/Legal
  9. 01-46MA, Chip Carter, from RG-2 to C-3, Percival Road - Second reading given to this rezoning request. Info: Planning/Legal
  10. Change Order: Wiley Easton Construction – Approved a $97,377 increase in this construction contract to relocate sewer lines at the intersection of US 176 and I-26. Action: Utilities/Procurement
  11. Easement for SC E&G Pressure Release Station – First reading approval of an ordinance authorizing the County to grant this easement for the installation of a gas regulation station on the Public Works Compound in Ballentine. Info: Public Works/Legal
  12. Quitclaim Deeds for Woodcreek Development and The Ridge – First reading approval given to an ordinance authorizing execution of quit-claim deeds for a road right-of-way located on the east side of Spears Creek Road in return for payment of $3,145.00. Info: Public Works/Legal
  13. Appearance Commission: Voting Members – First reading approval of this ordinance amendment that provides two additional voting members to the Appearance Commission. Info: Administration/Legal
  14. Election Commission: Voting Machine Preventative Maintenance – Approved the expenditure of up to $45,000 to perform maintenance and upgrades to the County electronic voting machines. Action: Election Commission/Procurement
  15. Finance: Spending Resolution for the Township and Detention Center – Approved a Resolution authorizing the expenditure of general fund monies in an amount not to exceed $13,030,000 to move forward with renovation of the Township and expansion of the Detention Center. These funds will be reimbursed by the proceeds of general obligation bonds or other identified revenue sources. Action: Finance/Administration
  16. Detention Center: Pilot Project for House Arrest – First reading approval given to an ordinance authorizing the Detention Center to offer electronic monitoring, or house arrest, for inmates, with participating defendants bearing all associated costs. Info: Detention Center
  17. Sheriff’s Department Vehicles – Approved the purchase of six replacement vehicles for $129,289. Action: Sheriff/Procurement
  18. Airport Commission: Lease Agreement for Curtiss Wright Hangar – First reading approval given to an ordinance authorizing a lease agreement with for $1.00 a year for 20 years in order to raise private funds for renovation of the Hangar. Info: Administration/Legal
  19. Resolution: Dreher High School 3A State Basketball Championship – Approved. Action: Clerk Of Council
  20. Resolution: Keenan High School 3A State Basketball Championship – Approved. Action: Clerk of Council

1. Third Reading Items

  1. Ordinance Amendment: Increase in County Code Violation Penalty – Third reading approval given to an ordinance amendment that increases the maximum penalty for code violations from $200.00 to $500.00. Action: Planning/Legal
  2. Business Directory Signs – Deferred. Info: Planning/Legal

2. Second Reading Items

  1. Conservation Commission Ordinance – Second reading given to this ordinance that moves provisions of the Richland County Code that establishes the Conservation Commission from the Stormwater Management Chapter to Chapter 2, Administration, Article VII, Boards, Commissions and Committees. Info: Administration/Legal
  2. Sexually Oriented Businesses – Second reading given to this zoning ordinance amendment that deletes the section "injunction" from the Sexually Oriented Businesses Article due to item 1a making it unnecessary to state fines in this section. Info: Zoning/Legal
  3. Landscape Ordinance – Second reading approval given to this ordinance amendment that increases the maximum fine amount for violations. Info: Zoning/Legal

3. Report of Administration and Services Committee

  1. Treasurer’s Office: Military Forest Funds – Approved the distribution of $44,596.92 in the following manner: 30% to the County and 70% to the three school districts, to be divided in proportion to student population. Also directed the County Administrator to bring back a recommendation for spending the County’s portion. Action: Administration/Treasurer

4. Executive Session

  1. Legal Briefing: Stormwater Ordinance – Received legal briefing as information and gave second reading approval to the County Attorney’s recommended revisions to Council’s amendment made during first reading. The amendment was revised as follows:

(g) All levees protecting residential structures or non-residential structures which are not floodproofed shall be designed, constructed and maintained to provide protection against the 500-Year flood plus three (3) feet of freeboard. Flood elevations shall be as shown on the latest Flood Insurance Rate Maps or as determined by appropriate hydrologic methods. Any levee constructed or improved under this subsection shall also comply with the other provisions of this Chapter, including, but not limited to, subsection (h) below.

(h) Not withstanding any other provisions of this ordinance including those relating to exceptions and variances Chapter, no levees, dikes, fill materials, structures or obstructions that will impede the free flow of water during times of flood will be permitted in the regulatory floodway, unless:

    1. such proposed impediment is or would be a part of or used by an integral feature of any public or private school that was constructed and operated before January 1, 2001 on property subsequently classified as a regulatory floodway special flood hazard area, or
    2. such proposed impediment is or would be a part of or used by an integral feature of a publicly owned wastewater treatment facility that was constructed and operated before January 1, 2001 on property subsequently classified as a regulatory floodway special flood hazard area; or

(3) such proposed impediment is a minor recreational or playground facility or area, such as, but not limited to, a boat ramp, floating dock, picnic area, soccer goal, or swing set; or

(4) such impediment was approved by the County Engineer under this subsection (h), or under any predecessor provision, before January 1, 2001;

Info: Legal/Public Works/Administration

provided, however, that any specified activities permitted under subsections (1) or (2) above must comply with all applicable federal, state, and local requirements, including, but not limited to, 44 C.F.R. 60.3(d)(3), as amended and shall require certification by a

professional engineer demonstrating that the encroachment will not result in any increase in flood levels during the base flood discharge. Nothing in this subsection (h) shall limit provisions in this Chapter or elsewhere authorizing or requiring the maintenance and repair of levees, dikes, dams, and similar structures; provided, however, that this sentence shall not be construed as authorizing or requiring the repair or maintenance of any such structure to the extent that such repair or maintenance would result in a structure that would be higher or wider than it was before the need arose for such repair or maintenance.

 

5. Motion Period/Announcements

  1. Scott – Moved to adopt a Resolution commending Richard Seymore, a graduate of Lower Richland High School and University of Georgia, for signing with the NFL. Action: Legal/Clerk Of Council
  2. Smith – Stated that new guidelines for the accommodations tax distribution are ready to be used by the Accommodations Tax Advisory Committee this fiscal year. Action: Legal/Clerk Of Council
  3. Livingston – Announced that the Council Rules are completed and will be on the next Council Agenda for approval. Action: Legal/Clerk Of Council

6. Citizen’s Input – No one spoke.

7. Adjournment