NEWBERRY COUNTY COUNCIL

MINUTES

JANUARY 5, 2005

 

Prior to the regular County Council meeting on Wednesday, January 5, 2005, Council convened and Judge John Rucker administered the oaths of office to the following Councilmen:  Edgar Baker (District 1), John David Dawkins (District 2), Mike Hawkins (District 4) and Henry B. Summer (District 5).

 

The Newberry County Council met on Wednesday, January 5, 2005, at 7:30 p.m. for a regular meeting.     

 

            Present were:

                        John David Dawkins, Chairman

                        Henry B. Summer, Vice-Chairman

                        William D. Waldrop, Councilman

                        Andy Morris, Councilman

            John E. Caldwell, Councilman

            Mike Hawkins, Councilman

            Edgar Baker, Councilman

                        Leonard B. Sossamon, Jr., County Administrator

                        Gary T. Pope, County Attorney

            Susan C. Fellers, Clerk to Council

 

Representing the news media were:

                        Newberry Observer – Cindy Pitts

                        WKDK – Heather Hawkins

                        Whitmire News – Cassie Fowler

 

            As required by law, notice of the meeting was duly advertised.

 

OPENING OF MEETING

 

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

 

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

 

            Mr. Dawkins turned the meeting over to Gary Pope, County Attorney, to conduct the election of Chairman and Vice-Chairman for 2005.

 

            Mr. Pope pointed out that nominations do not require a second and under Council rules a simple majority of the whole Council is required to win the election.

 

 

 

  1. Election of Chairman for 2005.

 

            Mr. Pope opened the floor for nominations for Chairman.

 

            Mr. Waldrop nominated Mike Hawkins for Chairman.    

 

            There being no other nominations, Mr. Pope declared the nominations closed and called for the question.  Vote was unanimous.

 

  1. Election of Vice-Chairman for 2005.

 

            Mr. Pope opened the floor for nominations for Vice-Chairman.

 

            Mr. Caldwell nominated William D. Waldrop for Vice-Chairman for 2005.   

 

            There being no other nominations, Mr. Pope declared the nominations closed and called for the question.  Vote was unanimous.

 

            Mr. Pope turned the meeting over to Mike Hawkins, Chairman. 

 

            Mr. Hawkins requested that out-going Chairman, John David Dawkins, be given a round of applause.  He expressed appreciation to Mr. Dawkins for the thousands of hours he has donated to Newberry County and his hard work over the past four years. 

 

            Mr. Hawkins thanked Council members for electing him Chairman and thanked his family members and the citizens of Newberry County.  His main objective over the next 12 months is to continue to move Newberry County forward and to focus on job creation with an emphasis on quality jobs.  This can be achieved if we can get all of the governmental entities and service providers to work together.  He will ask each Council member to be a contact person with all of the entities with which we interact.  Assignments will be made during the work session next Wednesday night. 

 

            In order to give people access to county government, Mr. Sossamon and Mr. Hawkins starting in February and continuing on the second Wednesday of every month will be available at the annex to anybody who wants to come in and have a one-on-one conversation about what is going on. 

 

            Mr. Dawkins congratulated Mr. Hawkins and Mr. Waldrop and thanked Council for their support and loyalty to him during the past two years.

 

            Mr. Waldrop thanked Council for allowing him the privilege of serving as Vice-Chairman and looked forward to working with the Council and the people of Newberry County.

 

 

  1. Adoption of meeting dates and times for 2005.
  2. Adopt rules of order.

 

            These items have been taken care of and can be deleted.

 

ADOPTION OF CONSENT AGENDA

 

            Mr. Dawkins moved to adopt the consent agenda; second by Mr. Caldwell.  Vote was unanimous.

 

ADDITIONS, DELETIONS AND ADOPTION OF AGENDA

 

            Mr. Sossamon requested the following amendments:

 

1.         An Ordinance approving the conveyance to the South Carolina Department of Transportation of certain portions of rights of ways of three county roads at their points of intersection with Highway 121 and to accept the compensation offered for those conveyances.  (Agenda Item 8.1)

 

2.         A Resolution approving the execution of construction permission forms to the South Carolina Department of Transportation for the improvements referenced above as to the rights of way on 121.  (Agenda Item 8.2)

 

3.         Awarding bids for 83 radios by funding from a Homeland Security Grant.  (Agenda Item 11.1)

 

            There being no further additions or deletions, Mr. Waldrop moved to adopt the agenda as amended; second by Mr. Morris.  Vote was unanimous.

 

PUBLIC COMMENTS

 

            Mr. Morris announced a public information meeting on Tuesday, January 11, at 7:00 p.m. at Pomaria-Garmany School concerning the proposed C&D Landfill in Pomaria.

 

            The following persons spoke in opposition to the landfill:  Elsie Fields, Roger Eargle, Frankie Shealy, Nora Stuck, Billy Fanning, Edyce Darr, Don Cochell, Darryl Hentz and Walt McLeod. 

 

            Mr. Caldwell was opposed to the landfill and would vote to support the citizens of the area.

 

            Mr. Morris encouraged everyone to turn out for the meeting Tuesday night. 

 

            Mr. Dawkins requested that Rudy Curtis of DHEC be invited to the meeting Tuesday night.  County Council does not want the landfill at 202 any more than the citizens do.  We do not permit the landfill.  DHEC permits the landfill.  Every regulation DHEC has is stamped by the Senate and House.  The only question with County Council is the zoning issue.  The only question the Court is considering is:  Is the landfill a permitted use under the Newberry County Zoning Ordinance or is it a special exception? 

 

            Mr. Hawkins asked about any amendment to the Zoning Ordinance relating to landfill.  Mr. Dawkins stated the Zoning Ordinance has always stated that C&D Landfill is a special exception in the R-2 District.  The Zoning Administrator at that time was getting so many requests as to where a landfill could be put in the county, she wanted to move it to the index page to list the categories and districts and add a line that landfills could be in the R-2 District as a special exception.  When the Ordinance was done, it was amended in Section 301 but not Section 501. 

 

            Mr. Hawkins introduced Wick Stuart, who was the county attorney at the time and who is continuing to pursue this on behalf of the County, and requested that Mr. Stuart be present at the meeting on Tuesday night.

 

            Mr. Hawkins recognized former Council member, Buddy Livingston.

 

            Mr. Dawkins moved for a break.  Vote was unanimous.

 

[BREAK 8:35 P.M. – 8:45 P.M.]

 

SECOND READING ORDINANCES

 

            Mr. Hawkins declared the public hearings open for items 5, 6, 7 and 8.  Hearing no comments from the public on any of the items, Mr. Hawkins declared the public hearings closed.

 

  1. An Ordinance to provide for the issuance and sale of not exceeding $15,150,000 General Obligation Bonds of Newberry County, South Carolina, to prescribe the purposes for which the proceeds shall be expended, to provide for the payment thereof, and other matters relating thereto.

 

Mr. Morris moved for second reading; second by Mr. Baker.  Vote was unanimous.

 

  1. An Ordinance to provide for the issuance and sale of not exceeding $2,000,000 General Obligation Bonds of Newberry County, South Carolina, to prescribe the purposes for which the proceeds shall be expended, to provide for the payment thereof, and other matters relating thereto.

 

Mr. Waldrop moved for second reading; second by Mr. Morris.  Vote was unanimous.

 

  1. An Ordinance to amend the Budget Ordinance for the 2004-2005 fiscal year, Ordinance #06-22-04, so as to incorporate supplemental revenues and appropriations into the budget for the current fiscal year.

 

Mr. Dawkins moved for second reading; second by Mr. Summer.  Vote was unanimous.

 

  1. An Ordinance amending the Ordinance adopting and enforcing the latest approved editions of the International Building Codes.

 

Mr. Morris moved for second reading; second by Mr. Waldrop.  Vote was unanimous.

 

FIRST READING

 

8.1     An Ordinance approving the conveyance to the South Carolina Department of Transportation of certain portions of the rights of ways of three county roads at their points of intersection with Highway 121, and to accept the compensation offered for those conveyances.

 

          Mr. Morris moved for first reading; second by Mr. Baker.  Vote was unanimous.

 

RESOLUTIONS

 

8.2     A Resolution approving the execution of construction permissions to the South Carolina Department of Transportation for the improvement of certain portions of the rights of ways of three county roads at their points of intersection with Highway 121.

 

          Mr. Morris moved to adopt the Resolution; second by Mr. Baker.  Vote was unanimous.

 

COMMITTEE REPORTS

 

  1. Committee Reports:
    1. Economic Development Committee – Mike Hawkins, Chairman.
    2. Nursing Home Advisory Committee – William D. Waldrop, Chairman.
    3. Personnel Committee.
    4. Roads Committee – Andy Morris, Chairman

 

No reports.

 

APPOINTMENTS

 

  1. Appointments:
    1. Board of Rural Fire Control:

 

Mr. Baker recommended the appointment of Tom Workman as the representative from Bush River Fire Station. 

 

    1. Airport Commission.
    2. Fairgrounds Commission.

 

No appointments.

 

Mr. Caldwell moved to accept nomination; second by Mr. Waldrop.  Vote was unanimous.

 

ACCEPTANCE OF BIDS

 

  1. Pineland Bridge Road:
    1. Saddlebrook Construction, Inc. - $156,677.48
    2. Dellinger, Inc. - $174,943.00
    3. A.M. Tuck, Inc. - $207,005.16

(Recommend addition of 10% contingency to bid price for any unknown site conditions)

 

            Mr. Waldrop moved to delete this item and place it on the agenda for January 19; second by Mr. Caldwell.  Vote was unanimous.

 

   11.1  Homeland Security Grant.

 

            Mr. Dawkins moved to accept the low bid from Kinard Control System in the amount of $31,128.32 for the purchase of 80 radios; second by Mr. Morris.  Vote was unanimous.

 

EXECUTIVE SESSION

 

            Mr. Waldrop moved to go into Executive Session to discuss a legal matter and a contractual matter; second.  Vote was unanimous.

 

[EXECUTIVE SESSION 8:50 P.M. – 9:37 P.M.]

 

            Mr. Waldrop moved to return to regular session; second by Mr. Morris.  Vote was unanimous.

 

 

  1. Legal Matter.
  2. Contractual Matter.

 

Mr. Pope advised that Council received a briefing from Wick Stuart on the Pomaria landfill.  Legal issues were discussed about the Helena landfill and the Metts landfill in Little Mountain.  There was a contractual matter discussed. 

 

FUTURE MEETINGS

 

  1. County Council Work Session:         January 12, 2005, 7:00 p.m.
  2. County Council meetings:     January 19, 2005, 7:30 p.m.

February 2, 2005, 7:30 p.m.

  1. City/County Joint Retreat:  February 12, 2005, 8:30 a.m.

 

COMMENTS FROM COUNTY ADMINISTRATOR

 

            No comments.

           

COMMENTS FROM COUNCIL MEMBERS

 

Mr. Dawkins announced dates of On the Move with Margaret for the upcoming year:  May 30, August 22, October 17 and December 19.

 

VOTE FOR ADJOURNMENT

 

            Mr. Waldrop moved to adjourn.  Vote was unanimous.

 

ADJOURNMENT

 

            There being no further business, the meeting adjourned at 9:38 p.m.

 

 

                                                            NEWBERRY COUNTY COUNCIL

 

 

                                                            ________________________________________

                                                            Mike Hawkins, Chairman

 

 

                                                            _________________________________________

                                                            Susan C. Fellers, Clerk to Council