NEWBERRY COUNTY COUNCIL
MINUTES
JANUARY 4, 2006
The Newberry County Council met on Wednesday, January 4, 2006, at 7:00 p.m. for a regular meeting.
Present: Mike Hawkins, Chairman
William D. Waldrop, Vice-Chairman
John E. Caldwell, Councilman
Henry B. Summer, Councilman
John David Dawkins, Councilman
Andy Morris, Councilman
Edgar Baker, Councilman
Leonard
B. Sossamon, Jr.,
Gary
T. Pope,
Susan C. Fellers, Clerk to Council
Media: Heather Hawkins – WKDK
Cindy Pitts, Newberry Observer
Cassie Fowler, Whitmire News
Chairman Mike Hawkins called the meeting to order.
Councilman Andy Morris had the invocation followed by the Pledge of Allegiance.
1 & 2 Election
of Chairman and Vice-Chairman for 2006.
Mr. Hawkins turned the meeting over to Mr. Pope for the election of officers for 2006.
Mr. Pope called for nominations for Chairman and Vice-Chairman in accordance with the Rules of Conduct for County Council.
Mr. Caldwell suggested that the ruling be suspended and that it be done by acclamation with the consent and unanimous vote that we re-elect the Chairman and Vice-Chairman for another year. Mr. Pope declared unanimous consent.
Mr. Pope turned the meeting back over to Mr. Hawkins.
Mr. Hawkins and Mr. Waldrop thanked Council for allowing them to serve for another year.
Adoption of Consent Agenda:
Mr. Morris moved to adopt the consent agenda; second by Mr. Baker. Vote was unanimous.
Additions, Deletions and Adoption of Agenda:
The following amendments were made to the Agenda:
1. Resolution for the Newberry County Disabilities and Special Needs Board was added as Agenda Item 4.1.
2. Agenda Item 6 was not ready for third reading and was postponed.
3. Agenda Item 11 was moved to #12 and #12 was moved to #11.
4. Edgar Baker was added to the agenda to discuss Executive Session as Agenda Item 7.1.
5. Under Executive Session, several personnel matters were added as Agenda Item #11.1.
There being no further amendments, Mr. Morris moved to adopt the agenda as amended; second by Mr. Dawkins. Vote was unanimous.
3. Lewis
Lee, Emergency Services Coordinator, and Jerry Koon, Chief of Haz-Mat.
Based on the vote of Haz-Mat, Jerry Koon, Chief of Haz-Mat, recommended the County consider refurbishing the old Haz-Mat truck in lieu of purchasing a new truck. The estimated cost of refurbishing the truck is $135,329.
Mr. Waldrop moved to accept as information; second by Mr. Baker. Vote was unanimous.
4. Recommendation
from Lewis Lee as to location of Haz-Mat and Newberry Rescue Squad.
Lewis Lee, Emergency Services Coordinator, recommended leaving Friendly Fire Department where it is currently located and building a two bay substation on Highway 34 near the County Transfer Station.
In regard to
Newberry Rescue Squad and Newberry County Haz-Mat, Mr. Lee recommended building
on property located between the drive into the
Tommy Hedgepath, Chief of Friendly Fire Department, stated they did not ask for a substation but it would help to have one in the location recommended by Mr. Lee.
Mr. Morris moved that Lewis Lee come back with a cost proposal to put a satellite facility in place. Mr. Hawkins didn’t feel Council needed to vote on that; just have Mr. Lee come back at the next meeting with that information.
Mr. Morris moved to go ahead with the recommended location for Haz-Mat and the Newberry Rescue Squad; second by Mr. Dawkins. Vote was unanimous.
4.1 Resolution for
Fred Owens,
Executive Director of Newberry County Disabilities and Special Needs, advised
they were applying for a federal transit grant for a 14 passenger bus. He requested that the County adopt the
Resolution recognizing the Newberry Disabilities and Special Needs Board as an
agency providing transportation to persons with disabilities in
Mr. Baker moved to adopt the Resolution; second by Mr. Caldwell. Vote was unanimous.
5. An
Ordinance to create an Emergency Services Board, and to provide for the
membership thereof, and the powers and duties of the Board; and to change the
duties of the Board of Rural Fire Control and of the Board of Rescue Squads,
and to confirm the adoption of the National Incident Management Plan.
Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Dawkins moved for third reading; second by Mr. Morris.
Mr. Morris moved to delete the phrases “or his designee” from Paragraph I(A); second by Mr. Baker.
Mr. Hawkins disagreed because if someone is elected and they feel someone else could serve in this capacity, they should have privilege of doing so.
Mr. Caldwell questioned how this could be amended on final reading. Mr. Hawkins advised an ordinance could be amended on third reading. Mr. Pope advised this was not a major change.
Mr. Dawkins disagreed with the amendment because the Board of Rural Fire and the Board of Rescue Squads would still be in existence. If the Chairman of either of those Boards doesn’t want to make several more meetings a month, they should have the opportunity or privilege to appoint a designee.
Mr. Morris advised this Board would take action, and after talking with some of the fire and rescue squad people, they feel if they elect a chairman, he should represent them.
Mr. Hawkins questioned whether it would be a permanent designee or an occasional designee. Mr. Morris had no problem that if someone could not make a meeting, they could designate someone to cover for them but not on a permanent basis.
Mr. Dawkins pointed out according to the ordinance they could not do that. They cannot have someone to stand in. They can’t have a proxy vote or have someone stand in and take action for another member.
There being no
further discussion, Mr. Hawkins called for the question. Voting for the amendment: Councilmen Morris and Baker. Voting against the amendment: Councilmen Hawkins, Waldrop,
Mr. Hawkins called for the vote on third reading. Vote was unanimous.
Mr. Pope pointed out on page three that the date of commencement of operation of the Board of Emergency Services had been left blank and requested that Council advise as to what this date should be. The consensus of Council was February 1, 2006.
6. An
Ordinance authorizing the issuance and sale of Newberry County, South Carolina,
Special Source Revenue Bonds (Industrial Park Project) in one or more series,
in an amount not exceeding $9,000,000; the mortgaging of property of Newberry
County to secure the same; the issuance of one or more notes in anticipation of
such bonds; the application of the proceeds of said bonds or notes to defray
the costs of the acquisition of certain Industrial Park property and
improvements in Newberry County; and others matters relating thereto.
Postponed.
7. An
Ordinance granting a franchise to Time Warner Entertainment-Advance/Newhouse
Partnership d/b/a Time Warner Cable, to construct, operate, and maintain a
cable system in the County of Newberry, South Carolina setting forth conditions
accompanying the grant of the franchise; providing for regulation and use of the
system and the public rights-of-way and prescribing penalties for the violation
of the provisions herein.
Mr. Morris moved for second reading; second by Mr. Waldrop. Vote was unanimous.
7.1 Executive
Session Discussion – Edgar Baker.
Mr. Baker felt information discussed in Executive Session got out to the paper. County Council uses Executive Session for discussion of contracts, personnel or legal issues to clarify issues before bringing it up into general session. The Newberry Observer feels they must publish a report on the meetings the day after an Executive Session and report what went on in the Executive Session as in the December 21 Newberry Observer. What goes on in Executive Session is supposed to stay in Executive Session. It is not supposed to come out and is definitely not supposed to be printed until it is brought out in a general meeting. The names of the people who were in that Executive Session are printed in the paper. This is a total breach of trust. Someone is leaking to the paper, to Cindy Pitts, and to The Newberry Observer word for word what went on in that meeting.
Mr. Baker then referred to a fax received from Mr. Leonard Sossamon the day after the meeting where he was recounting an episode of what he was supposed to do. At the bottom of the fax on December 20, “I have been contacted by Cindy Pitts of The Newberry Observer. Ms. Pitts has made a request to receive the report which will establish the costs incurred for the repair of moisture problems and also to receive a copy of the report conducted by Don Cobb’s firm, Environmental Consulting Services.” Those two reports were only mentioned in one place, and that was in Executive Session. They weren’t mentioned before, and they definitely weren’t mentioned afterwards. Mr. Baker checked the minutes and couldn’t find it anywhere but yet they had the knowledge to request those reports.
There is no rule to stop the paper from publishing a story; however, somebody should have a moral obligation to hold that story until what is in Executive Session is made public. If people in that meeting had more candor, they would not repeat the information from that meeting. Under the Rules of Conduct and Robert’s Rules of Order there should be some avenue to avoid this situation. If there was a way to make it a crime to print Executive Session meetings in the paper, Mr. Baker would like to see that avenue explored.
The article in the paper states the Newberry County Sheriff’s Office is built on a landfill. One hundred per cent of all commercial buildings are built either on fill or cut in soil. The Sheriff’s Office is built on fill soil. It is not built on a landfill. We have a zoning ordinance in this county, and you cannot build on a landfill.
8. Committee Reports.
Mr. Hawkins
appointed the following Councilmen to work with
9. Appointments.
The following persons were nominated for appointment:
a) Mr. Summer recommended the appointment of Les Hipp to the Board of Zoning Appeals;
b) Mr. Hawkins recommended the appointment of Robert Dennis to the Board of Rescue Squads representing Prosperity;
c) Mr. Waldrop recommended the appointment of Johnny Mack Scurry to the Planning Commission.
There being no further nominations, Mr. Morris moved to approve the nominations; second by Mr. Baker. Vote was unanimous.
10. Consideration
of request from West Development regarding improvements to the service road
located at I-26 and Highway 219.
Mr. Sossamon
advised that the developer has made some improvements. The City of
Mr. Baker moved to grant the request; second by Mr. Morris.
Mr. Morris questioned whether these proposed changes met the SC Department of Transportation guidelines.
After discussion, Mr. Morris moved to postpone.
Tommy Whitehead, Public Works Director, met with Eddie Felker. Trucks are currently unable to turn in at this intersection, and the proposed improvements would help with that. The changes would take out the island and make a wider turn lane. This is not the county’s main entrance.
Mr. Waldrop seconded the motion to postpone.
Mr. Morris asked if the road was built to county specifications. Mr. Whitehead advised the county would take the maintenance of the road but did not know if the road had been constructed to county specifications.
Mr. Pope stated the letter provided that final drawings and specifications would be submitted to the governmental entities for approval before the work is done. They would also have to get approval from SC DOT. Right now the island makes it too narrow for traffic, and this would certainly improve it.
Mr. Morris withdrew his motion to postpone.
Mr. Waldrop moved to amend per Mr. Pope’s recommendation; second by Mr. Morris. Vote was unanimous.
Mr. Hawkins called for the question on the original motion. Vote was unanimous.
Mr. Dawkins asked permission to respond to Mr. Baker’s comments, which was granted by the Chairman.
Mr. Dawkins asked if he was correct that the two things printed in The Newberry Observer were the environmental study of the problems and the costs incurred thus far for repairs which Council asked for in Executive Session. Mr. Baker stated that was requested by Cindy Pitts.
Mr. Dawkins asked Mr. Pope if the fact that something was discussed in Executive Session, does that determine that it is Executive Session material. When we went into Executive Session to discuss problems with a county building, and the Chairman said Mr. Baker could not attend that meeting because he was the contractor that built it. It was voted down. With his objection to the press and to the public is the fact that “this is my building. I built it.” It doesn’t take a rocket scientist that Mr. Baker was the contractor that solely built it. As far as going into Executive Session to discuss a problem with a county building, the public has a right to know what county building we are having problems with.
Mr. Caldwell felt this was totally out of order. We have gone though the agenda in the sequence in which it was supposed to have been gone through. If we are going by Robert’s Revised Rules of Order, we need to stay with that. If we don’t know how to do it, maybe we should hold some courses on this. Mr. Baker has made his statement, and all of us had an opportunity to talk about it then. We come down to almost the end of the agenda, and we bring it back up.
Mr. Dawkins disagreed with Mr. Caldwell because he just wanted to clarify some facts.
Mr. Caldwell didn’t have any problem with the clarification but it should have been done when the agenda item was discussed.
Mr. Hawkins stated that was back at agenda item 7.1, and we are now down to agenda item 11 which is going into Executive Session. He felt that it was in order to discuss an Executive Session prior to going into Executive Session.
Mr. Caldwell advised it was not about discussing an Executive Session, but you are identifying items that happened in Executive Session.
Mr. Hawkins asked if just because something was mentioned in Executive Session, did that make it Executive Session material. It seems if something was public knowledge prior to going into Executive Session and it is just said again in there, then that doesn’t hold you or bind you to not saying that outside.
Mr. Pope stated the problem was talking about what was discussed in Executive Session. The report on the building we had before Executive Session, and it was not Executive Session material. It was a public document, but the discussion relating to it was privileged. If Council had requested a cost report on the building specifically in Executive Session, then the fact they requested that was specific to Executive Session and should not be disclosed even though the information itself is public. The press has a right to ask independently the costs that have been spent on a certain problem with a county building. What makes it Executive Session material is the fact that something might have been requested in Executive Session.
Mr. Hawkins stated we were dealing with a delicate issue but felt Council could bring it to a resolution legally and ethically.
Executive Session:
Mr. Morris moved to go into Executive Session to discuss a legal matter regarding a county building and several personnel matters; second by Mr. Baker. Vote was unanimous.
[EXECUTIVE SESSION 7:55 P.M. –
10:05 P.M.]
Mr. Morris moved to return to regular session; second by Mr. Waldrop. Vote was unanimous.
Mr. Pope reported the following:
1. In regard to the legal
matter relating to a county building,
Mr. Dawkins so moved; second by Morris. Vote was unanimous. The report will be back to Council by next Wednesday.
Mr. Hawkins advised Council would meet next Wednesday, January 11, at 7:00 p.m.
2. One personnel matter related to appropriate salary increased for elected and appointed officials who were not formally evaluated under Dr. Archer’s plan. It would be in order to have a motion to ask for Dr. Archer’s recommendation.
Mr. Morris so moved; second by Mr. Waldrop. Vote was unanimous.
12. Consideration
of approval of Program Management Agreement between Newberry County and Carter
Goble Lee, LLC.
Mr. Morris moved to approve Agreement; second by Mr. Baker. Vote was unanimous.
Mr. Hawkins announced the special meeting scheduled for January 11, 2006 at 7:00 p.m.
Mr. Hawkins announced that Mr. Sossamon would be resigning the end of January because of his parents’ declining health and the need for him to return home to assist with their care. County Council expressed their appreciation to Mr. Sossamon.
There being no further business, Mr. Morris moved to adjourn; second by Mr. Waldrop. Vote was unanimous.
Meeting adjourned at 10:15 p.m.
NEWBERRY COUNTY COUNCIL
_______________________________
Mike Hawkins, Chairman
_______________________________
Susan C. Fellers, Clerk to Council