VIDEO

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AGENDA
This is the agenda for the Dillon County Council meeting shown in this video:
DILLON COUNTY COUNCIL REGULAR MEETING
May 24, 2017—4:00 p.m.

1. Pledge of Allegiance

2. Invocation

3. Approval of Agenda

4. Approval of Minutes – 04/26/17, 05/12/17(called)

5. Comments From Judge Burch

6. Public Hearings
A. To Amend Ordinance #12-07 Providing For The Closing Or Demolition Of Dwellings Unfit For Human Habitation
B. An Ordinance Authorizing Pursuant To Title 12, Chapter 44 Of The Code Of Laws Of South Carolina 1976, As Amended The Execution And Delivery Of A Fee-In-Lieu Of Ad Valorem Taxes Agreement, By And Between Dillon County, South Carolina, And A Company Known To The County As Project Freedom, As Sponsor, And One Or More Sponsor Affiliates To Provide For A Fee-In-Lieu Of Ad Valorem Taxes Incentive And Certain Special Source Revenue Credits; And Other Related Matters.
C. An Ordinance Authorizing The Execution And Delivery Of A Fee In Lieu Of Tax Agreement By And Between Dillon County, South Carolina, And Perdue Foods LLC With Respect To Certain Economic Development Property In The County, Whereby Such Property Will Be Subject To Certain Payments In Lieu Of Taxes, Including The Provision Of Certain Special Source Credits; And Other Matters Related Thereto. (Project Vanilla)

7. Administrator’s Report
A. Clean Up Day
B. Department Head Weekly Reports
C. Federal Contract Seminar
D. EMS Location

8. New Business
A. Latta High School Girls Softball State Champions 2A
B. Latta High School Boys Baseball Lower State Champions 2A
C. Lake View High School Boys Lower State Champions 1A
D. Recognition of Ed Horne
E. Audit Proposal Bids
F. NETC Presentation
G. Recreation Requests
H. DHEC Proposal
I. Accommodations Tax Report – Charles Taylor
J. Quote for Truck for Maintenance

9. Finance Report

10. Ordinances
A. Third Reading – An Ordinance By Dillon County Council To Amend The Official Zoning Map Of Dillon County To Rezone A Parcel Of Land Known As Tax Map Nos.: Portion of #80 (Parcel 92) 68.62 acres, Portion of 80 (Parcel 17) 49.69 Acres, Portion of 68 (Parcel30) 39.88 Previous Property Owner(s): E. Cullen Bryant and Joseph Coward, Current Property Owner South Carolina State Ports Authority, Tax Map No. 080-00-00-112. Location Is Along West Side Of CSX RR From W. Countryside Road To W. Fairfield Road, Dillon, SC 29536 Change From Rural (RU) to General Commercial (GC) In Order To Operate The Inland Port.
B. Third Reading – To Amend Ordinance #12-07 Providing For The Closing Or Demolition Of Dwellings Unfit For Human Habitation
C. Third Reading – An Ordinance Authorizing The Execution And Delivery Of A Fee In Lieu Of Tax Agreement By And Between Dillon County, South Carolina, And Perdue Foods LLC With Respect To Certain Economic Development Property In The County, Whereby Such Property Will Be Subject To Certain Payments In Lieu Of Taxes, Including The Provision Of Certain Special Source Credits; And Other Matters Related Thereto.
D. Second Reading – An Ordinance To Amend An Ordinance Establishing A Procurement Code For Dillon County To Provide A Cap On County Contracts Not Subject To Council Approval And To Provide For A Local Vendor Preference.
E. Second Reading – An Ordinance To Amend Ordinance #09-03 (An Ordinance To Provide For Animal Control And Provide For Penalties For The Violation Of The Provisions Of The Ordinance) To Add Special Requirements For Pitbulls Within The Unincorporated Areas Of Dillon County.
F. First Reading – Preservation Tax Incentive Ordinance For The County of Dillon
G. First Reading – An Ordinance Of Dillon County, South Carolina To Amend An Amended And Restated Agreement For Development Of Joint County Industrial And Business Park By And Among Dillon County, Marion County, South Carolina And Marlboro County, South Carolina, So As To Enlarge The Park And Modify The Distribution Of Park Revenues In The Event Of The Issuance By Dillon County Of Certain Special Source Revenue Bonds; And Other Matters Related To The Foregoing.
H. First Reading – Budget FY 2017-2018

11. Resolutions
A. Authorizing Execution And Delivery Of A Memorandum Of Understanding Between Dillon County, South Carolina And Harbor Freight Tools USA, Inc., A Delaware Corporation (The “Company”) In Connection With The Provision By Dillon County Of Certain Incentives To The Company Relating To The Company’s Expansion Of Its Existing Facilities In Dillon County; Authorizing And Ratifying Prior And Future Acts Of Certain Dillon County Officials With Regard To The Foregoing; And Other Matters Related Thereto.

12. Appointments
A. Dillon County Public Private Economic Development Partnership Board – District Two – Jack Scott

13. Council Comments

14. Executive Session – Economic Development Matter
Results of Executive Session

15. Adjournment

By Betsy Finklea
Judge Paul Burch appeared before the Dillon County Council at their regular meeting on Wednesday to talk about some concerns.
Judge Burch began by thanking the council for their support of the courts and the judicial system. He commented on the beautiful courthouse and the nice judicial center.
Judge Burch said that some of the councilmen may have been pondering what he wanted to talk about and some with apprehension about what he was going to say.
“As you serve today so did I,” said Judge Burch, who was previously a councilman in another area. He said he understood the pressures of the duties of which they had been elected. He said he knew constituents asked for things and some are possible and some are impossible. He said he wanted to talk to them about some of their duties and hopefully keep them out of trouble.
Judge Burch spoke about how he had to come here several years ago in 1992 and dealt with the council at that time. Basically, the issue was use of county equipment on private property. He said that resulted in his initial order which was agreed to by both legal counsels. He said there were more problems some years later, and in 2010, he issued another order, which was also agreed to by both legal counsels.
Judge Burch said in several instances he thought he made it verbally clear that these orders applied to the elected officials at that time and any other future elected officials.
Judge Burch said he wanted to discuss what their duties are and what the orders mean on the record so there would be no questions about it.
“I did not come here looking for trouble,” said Judge Burch. He said the last thing he wanted to do was run a political office or government nor did he want to be an investigator.
Judge Burch said that some may be aware that there was a complaint filed with the court some months ago that alleges improper direction by some county council members of employees. He said he also received a verbal complaint of county councilmen or one council member trying to direct an elected official on a matter that should have been of no concern to him according to the duties outlined by state statutes.
Judge Burch referred to S.C. Code of Laws 4-9-660 that concerns employees under the direct control of the county administrator. He said council should go solely through the administrator and not give orders or instructions to employees. Judge Burch also referred to S.C. Code of Laws 4-9-30 and 4-9-60 which discusses conduct towards elected officials.
Judge Burch said even though councilmen may be under pressure, an approach in violation of the statutes asks for trouble. He asked council to familiarize themselves with these statutes.
Judge Burch said he met with an Assistant Attorney General when the complained was filed. He said they agreed at this point that further violations should be dealt with under the contempt provision of the law. He said the Assistant Attorney General agreed to assist the court in any contempt case.
Judge Burch said that this was not a threat. It was the way that it has got to be.
He said he was trying to explain everything so they could avoid getting into a hairy situation with a county employee.
Judge Burch then discussed what would happen under normal circumstances regarding contempt.
He said if they received a complaint in affidavit form from an employee, elected official, or citizen it could trigger a rule to show cause to be issued for a county councilman to come before the court for possible contempt. He said if a councilman is the alleged violator of the order, he will be given ample opportunity to respond to the rule and to obtain counsel. He said the county attorney may have a conflict which would cause that councilman to have to pay for counsel.
The court will then determine if there has been a violation of the order and if so, what the appropriate sanctions would be. He said it could be a fine, jail time, or a combination of both.
He said the court will do an analysis to see how severe the contempt was. He noted that it was not just him, but any judge assigned her could here a matter.
He said if the court found it serious enough to trigger the six month provision then that would trigger jury trial rights. If the judge determined it was a violation that required six months or less, then there would be no right to a jury trial unless the judge used his discretion and chose to do so.
Judge Burch told the councilmen if they had not reviewed the order to please do so. As a result of his discussions with the Assistant Attorney General, he said he wanted it clear on the record that each one of them had due notice of the order so he asked the Sheriff to personally serve the order on each councilmen. He said this would clear up the notice concern and make sure that everyone understands if anything else comes up.
He then had Sheriff Major Hulon serve a packet on each council member with the order.
Judge Burch said several months after the order was filed, he met up with a prominent Dillon County citizen at a dinner. He did not have many kind things to say about the council and told him that this is what they thought of his order and tore up a piece of paper, which he did in the meeting to demonstrate. He said this was a little embarrassing to him. “How am I supposed to react to that?,” he asked. He said he kept his mouth shut as he was trained to do.
“Please govern yourselves accordingly,” Judge Burch said.
told the council members not to put themselves in a position where the court has to deal with them.
“It’s got to stop,” Judge Burch said. He said they all know their duties. he said he was not there to lecture them on the law or give legal advice. He said what he was trying to do was give “sage” advice.
Judge Burch then briefly reviewed the duties of council which included setting appropriate county policies, presenting a balanced budget, filling appointments and positions, enacting ordinances that are legal and reasonable, and other statutory duties as required.
“Please understand that I don’t want to be here,” said Burch, who talked of other things that he would rather be doing.
“The bottom line is…,” he said, “Cut out the micro-management.”
He said they had a highly qualified man serving as county administrator. “Let him do his job,” stressed Judge Burch. He said that practically everything has to go through him and specifically when dealing with county employees. He also stressed that they should not approach elected officials without going through their sharp county attorney. He said he knows, and if he doesn’t know, he will find out. “Use their talents,” said Burch referring to the administrator and the attorney.
Judge Burch said he could not answer any questions, but he was trying to get things straight because he didn’t want anyone to get in trouble.
He said he knew it was a difficult job that they face, but not to be tempted by a complaining constituent and get themselves in trouble. He said if they follow the law and use their resources then everything should be okay.
Judge Burch said he looked forward to working with them any way he can.
Chairman Archie Scott said that none of them intended or tried to go a break the court’s order. He said it disturbed him that a citizen would go up to Judge Burch and tear up a piece of paper and say that is how council felt about an order. he said they did not feel that way. He said that he didn’t know how a citizens would have arrived to that point or have that attitude to say that this is how council feels about the order. A. Scott said he had seen it before where people try to take and twist the order and cause problems for the county administrator, who has his hands full. He said that Dillon County is headed in a good direction.

Judge Burch said they had gotten the inland port and industries coming. He said he knows that they can be tempted and to take the extra 2-5 minutes to call the county administrator and let him handle it.
Councilman Robbie Coward then asked a question about the proper way to approach an elected official.
He asked if it was best to let the county administrator to do it. Judge Burch said or the county attorney. He said they could not direct an elected official.
Judge Burch said that they had not been given due notice, he trusted there would be no further problems.