NEWBERRY COUNTY COUNCIL

MINUTES

JANUARY 16, 2008

The Newberry County Council met on Wednesday, January 16, 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. Caldwell had the invocation followed by the Pledge of Allegiance.

1. Adoption of Consent Agenda.

Mr. Baker moved to adopt the consent agenda, which consisted of approval of the minutes of the January 2, 2008 meeting; second by Mr. Livingston. Vote was unanimous.

2. Additions, Deletions and Adoption of Agenda.

Mr. Summer requested that public comments be moved prior to agenda item #3 since all of the people who signed up want to speak about that particular item. He also requested the addition of an economic development matter and the building on Highway 219 under Executive Session.

Mr. Caldwell requested the addition of tax notices under Executive Session.

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

2.1 Public Comments:

The following persons all spoke in opposition to rezoning of TMS 284-1-27: Ron Cromer and Dell Rowe. Fred Harmon when his name was called.

Mr. Rowe also requested that Council do something about getting a traffic signal at the intersection of Highway 121 and Nance Street. Mr. Adams will write a letter to Phillip Brooks, District Engineer with the State Department of Transportation.

Mr. Rowe also requested that the County check on two trailers that were in that area now to see if they were in compliance. Anne Peters, Zoning Administrator, advised that permits were issued for these two trailers and when her office went out for the compliance check, it was discovered that the City of Newberry had annexed that parcel. Accordingly, her office believes they are actually in the limits of the City of Newberry. The owner of those two trailers is in the process of getting it re-platted to show it is not in the City. They are aware of this situation, and it is ongoing.

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

4. Ordinance #01-02-08: An Ordinance amending Chapter 152 of the Newberry County Code of Ordinances relating to flood damage prevention, so as to add certain definitions and make technical amendments to the ordinance to bring it into compliance with state and federal program requirements, and other related matters.

Mr. Adams advised these amendments are required by the Department of Natural Resources, who has already reviewed and approved the proposed amendments.

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

5. Committee Reports.

No reports.

6. Appointments.

No appointments.

7. Consideration of Proposals for Aerial Photography for Tax Maps (Bid #2007-016).

Mary Arrowood, Tax Assessor advised after rating of the firms submitting proposals, Aerocon received the highest rating at 93.00 and recommended acceptance of the proposal submitted by Aerocon in the amount of $71,350.00.

The City has asked for 60 tiles and 100 grids, and they will pay their portion of $9,000, which would leave $62,350. The County has a $60,000 grant from the South Carolina Geodetic Survey and the balance of $2,350 is in the GIS budget.

Mr. Baker asked why Aerocon was picked over Sanborn, who had the low bid. Mr. Lew Lapine with the South Carolina Geodetic Survey advised that Sanborn uses a camera that has never been used in South Carolina and their bid gave no specifications as to what the County would get from the use of that camera. The track record for Aerocon is excellent, and they deliver on time. Mr. Lapine said his office will quality control every parcel, and if there is an error, Aerocon fixes it right away. Aerocon will mean less work on Mr. Lapine’s part and a better product for the County.

Mr. Waldrop moved to accept the proposal from Aerocon; second by Mr. Baker. Vote was unanimous.

8. Consideration of acceptance of Forklift Bid No. 2007-017.

Crystal Waldrop, Purchasing Director, advised that the bids for this item and item 9 met specifications and recommended acceptance of the low bid on each item.

Mr. Adams advised that both item 8 and 9 were budgeted through the Lease Purchase Ordinance, which has been funded and are within the bid amounts appropriated for those items.

Debbie Cromer, Finance Director, advised that taxes of $300 on item 8 and item 9 were not included in the bids. She called the Department of Revenue to confirm the $300 sales tax figure.

Mr. Caldwell moved to accept the low bid from Barloworld Handling for a Hyster forklift in the amount of $23,875.50; second by Mr. Baker. Vote was unanimous.

9. Consideration of acceptance of Motor Grader Bid No. 2007-014.

Mr. Livingston moved to accept the low bid from Linder Machinery for a Komatsu motor grader in the amount of $156,114.00; second by Mr. Baker. Vote was unanimous.

10. Presentation relating to room rates at J.F. Hawkins Nursing Home.

Les Parks, Administrator of J.F. Hawkins Nursing Home, stated the Medicaid rate would increase from $136.94 to $153.50 for all facilities/buildings at J.F. Hawkins Nursing Home effected October 1, 2008. The $153.50 rate is based on an audited cost report performed by J.F. Hawkins’ accounting company for the period of July 1, 2006 through June 30, 2007. Self pay rates cannot be less than Medicaid rates.

Mr. Parks requested consideration of the following self-pay increases to take effect March 1, 2008:

JF Hawkins SNF: Private pay increase from $150 per day to $167 per day.

(77 beds) Semi-private pay increase from $140 per day to $155 per day.

Folk Unit: Private pay increase from $167 per day to $185 per day.

(20 beds) Semi-private pay increase from $159 per day to $176 per day.

Unit Four: Private pay increase from $167 per day to $185 per day.

(Springfield SNF) Semi-private pay increase from $159 per day to $176 per day.

(21 beds)

The last self-pay increase for J.F. Hawkins Nursing Home was December 1, 2006. The last Medicaid increase was October 1, 2007.

If self pay increases are implemented March 1, 2008, it would produce additional revenue as follows: $40,382 for fiscal year 2007-2008; $70,008.34 for the period of March 1, 2008 through September 30, 2008, when the Medicaid increase takes place; and $473,444 for fiscal year 2008-2009.

Mr. Parks cited the following reasons for the rate increase:

· The cost of care exceeds reimbursement from both Medicaid and self-pay patients, and if full reimbursement is not achieved, property tax support may be necessary.

· Significant non-budgeted expenses will have to be addressed in the coming months, including approximately $500,000 in capital needs and an increase of $125,000 in annual workers compensation premiums.

· Wages for medical staff, medical supplies, pharmacy items, and food are rising at rates significantly higher than that of general inflation.

· Unless Medicaid rates are adjusted annually, differences between reimbursement costs for the prior year and the true cost of patient care are never recouped, but become permanent operating losses for the nursing home. If the self pay is not increased above the Medicaid rates, we will be expected under federal law to pay it back or not ever receive it. That would mean for fiscal year 2008-2009, we would owe the federal government $473,000.

· Sound financial decisions are an ongoing responsibility, and the cumulative effects of these decisions will define the future of the nursing home.

Mr. Baker moved to approve the recommended increases; second by Mr. Summer.

After additional discussion and since the Council Nursing Home Committee was meeting on January 22, Mr. Hawkins made a substitute motion to postpone this matter until the next Council meeting; second by Mr. Caldwell. Vote was unanimous.

11. Proposed Lynch’s Woods Park and Trail Rules.

Gerdi Lake, Recreation Director, reviewed the proposed rules for the use of Lynch’s Woods. The rules have been reviewed by the Newberry County Soil and Water Conservation District Board.

After discussion, Council requested the following amendments under the section entitled “Regulation of Bicycles & All Off-Road Vehicles”:

· Bullet four should be amended to read as follows: “Only licensed Golf Carts and licensed motor vehicles allowed.”

· Bullet five should be amended to read as follows: “No unlicensed motorized bikes, unlicensed motorcycles, or off-road three or four wheel vehicles, with the exception of vehicles used by park officials, law enforcement and handicapped persons with handicap permit.”

· Add the following as bullet six: “All motorized vehicles must remain on gravel roadways and designated parking areas, except for authorized law enforcement and emergency vehicles.”

Mr. Pope recommended adopting these rules by Resolution.

Mr. Livingston moved to amend the rules as set forth above; second by Mr. Hawkins. Vote was unanimous.

Mr. Hawkins moved to adopt the Resolution approving the rules as amended; second by Mr. Waldrop. Vote was unanimous. [Copy of park rules attached.]

12. Consideration of approval of the following roads for tar and gravel surfacing by the County Transportation Committee (CTC).

Tommy Whitehead, Public Works Director, advised that the CTC requests permission to apply tar and gravel surfacing to the following roads:

· Shelton Ferry Road (approximately 1 mile from Dogwalla Road)

· Shelton Road (approximately two-tenths of a mile from Shelton Ferry Road)

· Dogwalla Road (approximately 1 mile from Maybin Road)

Mr. Livingston expressed concern as to whether the tar and gravel would hold up under heavy truck traffic since some of these roads service agricultural/turkey houses and if the County was prepared to maintain the potholes created by the trucks. Mr. Whitehead stated it was hard to say how it would hold up, but his department was equipped to repair the roads.

Mr. Waldrop reported that the Road Committee recommended moving forward with this and made a motion to approve these roads for tar and gravel surfacing by the CTC; second by Mr. Hawkins. Vote was unanimous.

13. Consideration of approval for tar and gravel surfacing on Felker-Setzler Road.

Tommy Whitehead, Public Works Director, requested approval of County funds to apply the tar and gravel surfacing on Felker-Setzler Road (eight-tenths of a mile). The money for this would come from the $75,000 County funds as designated by Council on September 5, 2007. He estimated the cost to be approximately $20,000 or less.

Mr. Whitehead said this would be a test road as to whether this application would hold up under heavy truck traffic.

Mr. Hawkins expressed concern about paving this road with only one home and a turkey farm when there were other roads in the county with more residences that could be used as a test road.

Mr. Waldrop moved to approve funding for the tar and gravel application on Felker-Setzler Road; second by Mr. Baker. Voting for the motion: Councilmen Summer, Waldrop, Baker and Livingston. Voting against the motion: Councilman Hawkins. Councilman Dawkins absent. Motion passed by majority vote.

14. Update on Capital Projects.

Ervin West, Carter Goble Lee, updated Council on the following capital projects: Consolidated #5 Fire Station, Silverstreet Fire Station, Prosperity Fire Station, Helena Community Center, Rescue Squad #14, Library, and Maybinton Ball Field. [A copy of Mr. West’s report is attached.]

In regard to Maybinton Mr. West asked Council to consider approving $2,000 for a boundary and topographic survey and $10,000 for engineering services, which would then leave approximately $43,000 for the project.

Mr. Adams advised that we are approximately $100,000 short to produce an actual ball field with restrooms, bleachers and fences in Maybinton. In looking at the budget information, there is a great deal of County borrowed money in these projects that won’t have to all be spent. The spending of that funding is not subject to the same restrictions as the penny sales tax. From the County borrowed funds, there may be enough to close the gap but that is a policy decision of County Council.

Mr. Baker stated this is what the people of Maybinton requested and we need to proceed as far as possible. They want at least a tract fixed out there.

Mr. Baker moved to go forward with the topographic and boundary survey and the engineering services; second by Mr. Waldrop.

Mr. Summer expressed concern over what the County would have accomplished when the money was spent. Mr. Baker said the County wouldn’t go much further than getting the land graded and grassed, which is what the community has asked be done.

Mr. Summer called for the question. Voting for the motion: Councilmen Hawkins, Baker, and Livingston. Voting against the motion: Councilmen Summer and Waldrop. Councilman Caldwell abstained but was advised by Mr. Pope that under Robert’s Rules of Order unless he had a conflict of interest he couldn’t abstain. He then withdrew his abstention and voted in the affirmative. Motion passed by majority vote.

15. Requests by Councilmen.

No requests.

16. Public Comments.

Moved prior to agenda item #3

Vassie Pugh requested permission to speak to Council since she was late arriving and did not get to sign in. Mr. Summer granted her three minutes.

Ms. Pugh spoke about the proposed rate increases for J.F. Hawkins and felt the Councilmen didn’t know how to spend money and were unqualified.

She said an unqualified audit didn’t sound good to her. Mr. Adams explained that an unqualified audit was the best you could get and was in accordance with general accounting practices and they found no material weaknesses.

17. Vote for Executive Session, When Necessary.

Mr. Summer advised an Executive Session was needed for an economic development matter, a legal update on the building on highway 219 and tax notices. Mr. Baker moved to go into Executive Session; second by Mr. Waldrop. Vote was unanimous.

Cindy Pitts with The Newberry Observer objected because discussion of tax notices was not an executive session item. Mr. Pope advised it was for legal advice concerning tax notices.

[EXECUTIVE SESSION 9:06 P.M. – 10:12 P.M.]

18. Executive Session.

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

19. Necessary Action on Matters Discussed in Executive Session.

Mr. Baker moved to authorize staff to write a letter concerning property tax incentives for Project Sun and get the Administrator to go forward with that; second by Mr. Waldrop. Vote was unanimous.

20. Comments from County Administrator.

No comments.

21. Comments from Council Members.

Mr. Livingston enjoyed the open house at Consolidated #5 this past Sunday and appreciated the members who came to support it.

22. Future Meetings.

Future meetings on February 6 and 20, 2008 and March 12 and 19, 2008.

23. Vote to Adjourn.

Mr. Waldrop moved to adjourn.

18. Adjournment.

There being no further business, Mr. Summer declared the meeting adjourned at 10:15 p.m.

NEWBERRY COUNTY COUNCIL

________________________________

Henry B. Summer, Chairman

________________________________

Susan C. Fellers, Clerk to Council

APPROVED: February 6, 2008