NEWBERRY COUNTY COUNCIL

MINUTES

JANUARY 2, 2008

The Newberry County Council met on Wednesday, January 2, 2008, at 7:00 p.m. in Council Chambers at the Courthouse Annex, 1309 College Street, Newberry, SC, for a regularly scheduled meeting.

Present were: Henry B. Summer, Chairman

William D. Waldrop, Vice-Chairman

John E. Caldwell, Councilman

Mike Hawkins, Councilman

Edgar Baker, Councilman

Henry H. Livingston, III, Councilman

Wayne Adams, County Administrator

Gary T. Pope, County Attorney

Susan C. Fellers, Clerk to Council

Debbie S. Cromer, Finance Director

Absent: John David Dawkins, Councilman (illness)

Press: Cindy Pitts, The Newberry Observer

Heather Hawkins, WKDK

Notice of the meeting was duly advertised as required by law.

Mr. Summer called the meeting to order and determined a quorum to be present.

Mr. Summer had the invocation followed by the Pledge of Allegiance.

Mr. Summer turned the meeting over to Gary Pope, County Attorney, for the election of the Chairman and Vice-Chairman for 2008.

Mr. Pope opened the floor for nominations for Chairman and Vice-Chairman. Nominations do not require a second, and under Council rules a simple majority of the whole is required to win the election.

1. Election of Chairman for 2008.

Mr. Baker nominated Henry Summer.

There being no further nominations, Mr. Caldwell moved that nominations come to a close. Mr. Pope called for the vote for Henry Summer as Chairman for 2008, and County Council unanimously elected him.

2. Election of Vice-Chairman for 2008.

Mr. Caldwell nominated William D. Waldrop for Vice-Chairman.

There being no further nominations, Mr. Pope declared the nominations closed. Mr. Pope called for vote for William D. Waldrop as Vice-Chairman for 2008, and County Council unanimously elected him.

Mr. Pope then turned the meeting over to Henry Summer, Chairman.

3. Personal Appearances.

Al Morrison requested that his lease of the old landfill be long term in order for him to spend money on improvements. In accordance with DHEC regulations a landfill can’t be used for at least 99 years so he would like to complete that.

Mr. Waldrop asked under a 99-year lease if things change on the use of landfills, would the County have any option and what would happen if something happened to Mr. Morrison. Mr. Morrison stated the current lease provides for it to go to his heirs or to the members of the club, whomever he designated.

Mr. Livingston asked if there would still continue to be shooting on Sunday during church hours. Mr. Morrison said that is done on Sunday afternoon. The shooting range is open Saturday, Sunday and Wednesday afternoons from 1:00 p.m. on. Twice a year there is a tournament, which includes three full days and would include Sunday morning. That does not affect anybody that he knows of. The ones that want to go to church can certainly go. If they register, we assign the times, and they have to shoot during those times. Mr. Livingston stated it was still in proximity to churches that hear the shooting. Mr. Morrison has had no complaints from them.

Mr. Hawkins asked if there was any land included in this lease that was not formerly landfill that could be put to some other use. Mr. Pope said there was and that to take any action on what has been proposed would take a formal ordinance and a public hearing, which has been done twice previously when Mr. Morrison has dealt with the County on this. State law requires a public hearing before leasing County property. There is a maintenance building there that Mr. Morrison is using that was formerly used for the maintenance of the equipment out there. There is some land out there that is solid. The rest of it sort of subsides, rises up and sinks, and it has been a struggle to keep the shooting fields in good shape. There is a little bit of land out there that was not dug up and used as a landfill.

Mr. Baker stated if Mr. Pope had no problem with the lease, he didn’t have a problem; however, a landfill is 99 years, and this lease started in 1990, which is 17 years. Mr. Pope felt Council needed to see an actual written proposal from Mr. Morrison. Mr. Pope reviewed the current lease, and it was contemplated originally that a membership organization would be established and that Mr. Morrison’s interest would be assignable without further approval by the County Council to this organization, but any subsequent transfer would have to be with the prior written consent of Newberry County (paragraph 9 of the original lease). Mr. Pope didn’t see that it was changed when the amendment to the lease was done in 1994. It is a one-time transfer to the organization, but if it is transferred to a corporation, a corporation has perpetual existence, and that would be all that would be required. Council needs to see an actual written proposal.

Mr. Livingston stated some other counties have recreational complexes on or around previous landfill areas. He asked if this was the only type of activity that could go on this piece of land. Mr. Pope felt it was because when it was originally done, they did not compact the garbage. They put it in there, ran over it a few times and buried it. Then later they got compactors that actually pressed it down, and that part is in a lot better shape. Now there is stuff that floats up to the surface and the surface is changing all the time. Mr. Morrison has lost a couple of his towers out there that sank. Mr. Morrison stated the cost of replacing the towers was $15,000.

Mr. Pope said on a large part of it there is really nothing else the County could do with it except monitor it and shoot over it unless the trash is dug up and removed.

Mr. Summer asked if the current lease had any provision where if the County wanted to break the lease early, it could do that and reimburse Mr. Morrison for a pro rata share of his cost. Mr. Pope interpreted the lease that if Mr. Morrison remains out there undisturbed until February 28, 2010, thereafter there would be no reimbursement by the County to him for any of the improvements he has made on the property. If the County breaks or terminates the lease the day before that, the County would have to pay him up to $100,000. He, at this point, has an option for a 20-year extension but the County also has the right to terminate on 120 days written notice. The main thing is the lease provides that after February 28, 2010 the County would not have to pay anything at this point for his investment. Mr. Pope felt Mr. Morrison wanted some assurance that any more investment on his part would be worth something.

Mr. Waldrop was concerned because a lot of utility companies are using these types of landfills for energy purposes for methane, and it might be that we need to look at that. We have some monitoring wells out there now. Mr. Pope said the County has put a trench out there with tires in it to vent the methane, but not enough to operate a power plant like New York City would have. He was concerned that the County might be able to use this land one day for something other than a skeet range. Mr. Morrison didn’t feel that mining the methane would interfere with anything he does out there.

Mr. Livingston had a problem with committing County property for $1.00 a year for something we have unknown knowledge of future value.

Mr. Caldwell felt Mr. Morrison had been a good tenant for the property, and if he is going to improve the property and keep it going, he had no problem with it.

Mr. Summer requested that Mr. Morrison get a written proposal to Mr. Pope for Council to look at and consider.

4. Adoption of Consent Agenda.

Mr. Livingston moved to adopt the consent agenda, which consisted of approval of the minutes of the December 19, 2007 Council meeting; second by Mr. Baker. Vote was unanimous.

5. Additions, Deletions and Adoption of Agenda.

Mr. Summer stated eight people had signed up for public comments to talk about agenda item #6 and requested that the public comments be moved prior to Council’s consideration of item #6.

Mr. Hawkins requested under Executive Session that Council be given an update on the landfill lawsuit.

Mr. Pope requested permission to brief Council in open session as to why the ordinance (agenda item #6) was drafted the way it was.

There being no further amendments to the agenda, Mr. Hawkins moved to adopt the agenda as amended; second by Mr. Waldrop. Vote was unanimous.

Briefing by Gary Pope, County Attorney, on Agenda Item #6.

Under the law the Planning Commission has to consider these requests for rezoning and then they make their report to County Council to take official action. The public hearing part of this is at the County Council level. By having an ordinance to deny the zoning, then we have the opportunity to have a formal public hearing. If litigation should result from the denial of this application for whatever reason, he would hate for them to say one of the reasons was that the County didn’t give them a public hearing. The idea is that by having three readings and a public hearing no one could complain that they did not have their full due process rights to present whatever information they had to try to get Council to change the decision of the Planning Commission. The ordinance recites they don’t have water out there; they don’t have sewage out there; it is high population density, and there are a lot of other reasons the Planning Commission voted the way they did. The applicants have not had their actual public hearing. What we normally do is have an ordinance to approve zoning and then if no one votes for it, it just dies. In view of the size of the project Mr. Pope felt it was better to have the opportunity for a public hearing so if Council wants to deny it, the public and the applicants would have the right to come in.

Mr. Summer said by having an ordinance denying it, Council would talk about it three times and one of them will be a public hearing.

Mr. Hawkins stated this was the first time he remembers having an ordinance put to Council in the negative like this. When the vote is called, the members who vote in favor are voting to deny. Mr. Hawkins felt it was complicated and confusing.

Mr. Summer stated this would give the public three opportunities to come before Council because we have public comments at every meeting.

Mr. Hawkins suggested that this probably become the norm and that this be the way we put these from now on.

Mr. Caldwell felt parliamentary procedure wise that Mr. Hawkins has a very valid point, and sometimes it is not what it says, but the way you say it.

Public Comments:

The following persons all spoke in opposition to rezoning of TMS 284-1-27: Dale Rowe, Tim Shealy, Arnold Hiller, Richie Warren, Betty Shealy, Donna Shealy, Margie Morrison, Jimmy Morris, Ronnie Cromer and Ernest Shealy.

Mr. Pope reiterated that a vote for the ordinance is a vote against the trailer park rezoning. The reason it is done this way is there would be a basis if we ever got in Court that Council found many reasons why it is inappropriate to do this rezoning. We would have something to rely on in Court.

6. Ordinance #01-01-08: An Ordinance denying a request to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01, codified in Chapter 153 of the Newberry County Code of Ordinances, so as to rezone a tract containing approximately 20 acres, designated as TMS Parcel #284-1-27, from Rural (R-2) to General Residential (RG).

Mr. Waldrop moved for first reading; second by Mr. Baker.

Under discussion, Mr. Hawkins will vote to deny, the way the people living in that neighborhood want him to vote. He felt the concentration was the problem and appreciated Mr. Hiller and Ms. Donna Shealy saying they wouldn’t want this anywhere in the County and not just next door to them. They didn’t think this concentration of people on this small piece of property is good anywhere in the County. There are a lot of good reasons to deny this request. Mr. Hawkins did request that at second and third reading disagreement could be expressed without picking on any one group of people.

Mr. Livingston said a subdivision or development of this nature would have implications far beyond that community of the County and didn’t feel it would be positive for anybody in the County other than the investor making it. It needs to be more than just the people of the community because it will have negative implications. There will be additional Sheriff’s Office people, additional people in the school system will have to be hired to accommodate the ESL situation and a lot of additional taxpayer dollars going out. It is not just the small area we are talking about.

There being no further discussion, Mr. Summer called for the question. Vote was unanimous.

7. Committee Reports.

Mr. Baker reported that phase one of the Airport was 99.9% completed.

8. Appointments.

No appointments.

9. Requests by Councilmen.

No requests.

10. Public Comments.

Moved prior to agenda item #6.

11. Vote for Executive Session, When Necessary.

Mr. Summer advised an Executive Session was needed for a personnel matter to finalize the evaluation of the County Administrator and for a legal update on the landfill lawsuit. Mr. Hawkins moved to go into Executive Session; second by Mr. Baker. Vote was unanimous.

[EXECUTIVE SESSION 8:21 P.M. – 9:31 P.M.]

12. Executive Session.

Mr. Hawkins moved to return to open session; second by Mr. Baker. Vote was unanimous.

13. Necessary Action on Matters Discussed in Executive Session.

Mr. Summer reported the employment contract with the County Administrator was discussed. Council agreed to extend his contract by one year to September 15, 2010; to extend his severance benefits if he is terminated without cause from four months to six months; and to give him a 5% raise.

Mr. Livingston moved to approve the amendments; second by Mr. Baker. Vote was unanimous.

14. Comments from County Administrator.

Mr. Adams thanked Council for the extension of the contract. For the past year working together he felt good things had been done and that would continue. He felt that the county government was headed in the right direction on many fronts, which was owing to every Council Member and every department head he works with.

Bond Counsel needs to be chosen for the library project. Part of that project is capitalized on the sale of property owned by a private donor, and the County will likely need the revenue before the property sells. We will need a revenue anticipation bond to have the money to pay the contract draws until then. Council will get the chance to vote on that ordinance when it comes up. Mr. Adams recommended the County use the firm of Haynsworth Sinkler and Boyd to enter into those deliberations. The consensus of Council was to use Haynsworth Sinkler and Boyd.

15. Comments from Council Members.

Mr. Hawkins thanked Mr. Adams for the job he has done since he was hired. The County has been through some trying times, and we have gotten through them well, and he has contributed a lot to our being able to do that.

Several Council Members are going to the National Association of Counties meeting in March and will not be here the first Wednesday in March. It was the consensus of Council to change the first meeting in March to the second Wednesday in March.

Mr. Waldrop thanked Council for supporting him as Vice-Chairman again. He also thanked Mr. Adams for the job he was doing.

Mr. Summer thanked Council for their confidence in electing him Chairman and thanked Mr. Adams, Ms. Cromer, Ms. Fellers, volunteers and everybody else for the job they had done.

16. Future Meetings.

Mr. Summer announced the meetings of January 16 and February 6 at 7:00 p.m.

17. Vote to Adjourn.

Mr. Waldrop moved to adjourn.

18. Adjournment.

There being no further business, Mr. Summer declared the meeting adjourned at 9:35 p.m.

NEWBERRY COUNTY COUNCIL

________________________________

Henry B. Summer, Chairman

________________________________

Susan C. Fellers, Clerk to Council

APPROVED: January 16, 2008