NEWBERRY COUNTY COUNCIL

MINUTES

JANUARY 11, 2006

The Newberry County Council met on Wednesday, January 11, 2006, at 7:00 p.m. for a special called 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., County Administrator

Gary T. Pope, County Attorney

Susan C. Fellers, Clerk to Council

Media: Heather Hawkins – WKDK

Holly Astwood, Newberry Observer

No representation from Whitmire News

Chairman Mike Hawkins called the meeting to order.

Gary Pope, County Attorney, had the invocation followed by the Pledge of Allegiance.

Additions, Deletions and Adoption of Agenda:

The following amendments were made to the agenda:

1. Change Agenda Item 2 to Agenda Item 5.

2. Change Agenda Item 3 to Agenda Item 4.

3. Add a personnel matter under Executive Session as Agenda Item 2.

5. Add an economic development matter under Executive Session as Agenda Item 3.

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

1. 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 third reading; second by Mr. Baker. Vote was unanimous.

2. Executive Session - Personnel Matter.

Mr. Morris moved to go into Executive Session to discuss a personnel matter; second by Mr. Baker. Vote was unanimous.

[EXECUTIVE SESSION 7:03 P.M. – 7:21 P.M.]

Mr. Summer moved to return to regular session; second by Mr. Baker. Vote was unanimous.

Mr. Summer, Chairman of the Personnel Committee, recommended that Leonard Sossamon, County Administrator, be given a six month leave of absence and that in the meantime Gene Klugh be hired as Acting Administrator.

Mr. Dawkins so moved; second by Mr. Waldrop. Vote was unanimous.

3. Executive Session - Economic Development Matter.

Mr. Summer moved to go into Executive Session to discuss an economic development matter; second by Mr. Waldrop. Vote was unanimous.

[EXECUTIVE SESSION 7:24 P.M. – 8:08 P.M.]

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

Nothing to report. The people involved have asked that it be held in the strictest confidence.

4. Receipt of report from Carter Goble Lee regarding a County building.

Upon advice of the County Attorney, Mr. Hawkins stated the report would be heard but there will be no questions or comments that might lead into areas that need to be discussed in Executive Session.

Joe Lee of Carter Goble Lee advised their company had spent the last four days researching the Sheriff’s Building. There is evidence of water intrusion. The water intrusion is being caused by three primary culprits: (1) the roof system; (2) the wall system; and (3) the heating ventilation and air conditioning system, which contributes to the problem.

Mr. Lee requested Council consider going into Executive Session to receive the details of the report.

Mr. Hawkins said Council would consider the request and assured the public when they returned every fact would be revealed that could be made known that is not of a sensitive nature.

Mr. Morris moved to go into Executive Session to receive the report from Carter Goble Lee; second by Mr. Waldrop.

Mr. Caldwell inquired as to the parties who would be in Executive Session. Mr. Hawkins advised the Sheriff represented by himself and possibly at the Council’s pleasure, if he wants someone else to come with him; Tommy Whitehead, Director of Public Works; the people seated here along with representatives from Carter Goble Lee.

Mr. Dawkins felt that parts of the study that can be told for the benefit of the public should be told prior to going into Executive Session. Mr. Dawkins asked if Councilman Baker would be allowed in Executive Session, and the reason being if we are going into Executive Session because of what Carter Goble Lee may say that may lead to legal litigation, and we are going to take the contractor with us, we might as well hear it up here.

Mr. Hawkins stated he would defer to the County Attorney’s advice, but at the last meeting Mr. Pope instructed that Mr. Baker could go in the meeting, executive session, as long as we are hearing a report and receiving facts. When this Council comes to the point that it is going to discuss how we are going to take those facts and deal with the contractor, at that point he would have to recuse himself. Mr. Pope advised that was exactly what he said.

Mr. Caldwell felt that was a fair way to do it. We all should be there under certain circumstances.

Mr. Morris advised that no one had been privy to their report so this is new knowledge for all of us. It has not been shared with anyone.

Mr. Morris moved to go into Executive Session to receive the report from Carter Goble Lee; second by Mr. Waldrop. Vote was unanimous.

[EXECUTIVE SESSION 8:14 P.M. – 10:18 P.M.

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

Mr. Pope reported that County Council received a report from Carter Goble Lee as to their investigation into the water intrusion problems and mold problems at the Sheriff’s building. They have recommended air scrubbers be installed in the building to scrub the air of any mold particles. They will evaluate the samples. They have recommended that the heating and air conditioning system be balanced to be sure it is operating in the proper manner and that it is sized correctly. They are going to get a report from a certified industrial hygienist who will advise them and us as to the level of danger posed to employees by the mold count and what their recommendation is. They have recommended that employees who are risk be evacuated, and the Sheriff has already done that. They will develop a cost for any remediation that may be necessary for the building and will give us their best estimate of the total cost. Carter Goble Lee will work with the Sheriff to develop an evacuation/re-location plan should that be necessary. There are questions as to whether the employees can stay in the building during remediation or whether they should be re-located.

Mr. Morris moved to instruct Carter Goble Lee to act; second by Mr. Waldrop. Vote was unanimous.

Mr. Dawkins stated the report from Mr. Pope tells about the mold but could the public not know a little more. We give them the worse details but don’t give the basics.

Mr. Pope stated we have a water intrusion problem in the building. Part of it is coming from the roof and part of it comes through the walls or down through the base of the walls. Some of that water has gotten into the dry walls inside the building and created high moisture levels. There is a discoloration inside the building on the walls. There is evidence of water intrusion. Carpets have been wet and mold problems have developed. Some employees have reported sicknesses from it, and it has been a great concern to the Sheriff. The Sheriff has asked that it be looked at, and Council has taken it very seriously. We have a number of unusual problems. We have problems with the air conditioning system, problems with the water intrusion and problems with mold. The problem is that because there are no standards in South Carolina about mold at the present time, the problem is what to do about it and what is the best way to deal with it and what is the cost to the county and what is the risk to the employees.

Mr. Hawkins advised that Council has responded appropriately and in a timely manner as we have received information. In October the Sheriff expressed concern about the employees, and Mr. Whitehead got someone to do some air quality studies. Mr. Sossamon was out of town, but Mr. Hawkins contacted him to find out if the company was okay and if we could proceed. Mr. Hawkins called the company personally. They faxed a proposal to do the work for approximately $2,000. Mr. Hawkins signed the proposal and faxed it back to them provided they would come within the next three days, and they were. That report was dated November 21, 2005. The report pointed out some structural problems. As to the air quality, it indicated there were some problems but at that time it was within acceptable limits. Council was concerned but at that point didn’t feel it warranted immediate evacuation. Last Wednesday night we got a report that the air quality because of the rain was above acceptable levels. At that time we instructed some folks to do some work and report to us in seven days. They have now done that, and we just reported on the action we plan to take based on their recommendation. We will take appropriate action on a timely basis. If they say evacuate, we are going to evacuate. Anybody who thinks this Council is not taking it seriously and doesn’t care about the people that work out there, they are absolutely wrong.

Future Meetings:

Mr. Hawkins announced a work session for Wednesday, January 18, at 2:00 p.m. The regular meeting will be at 7:00 p.m.

There being no further business, Mr. Morris moved to adjourn; second by Mr. Waldrop. Vote was unanimous.

Meeting adjourned at 10:29 p.m.

NEWBERRY COUNTY COUNCIL

_______________________________

Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council