NEWBERRY COUNTY COUNCIL
MINUTES
FEBRUARY 1, 2006
The Newberry County Council met on Wednesday, February 1, 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 (late; arrived at 7:14 p.m.)
John David Dawkins, Councilman
Andy Morris, Councilman
Edgar Baker, Councilman
J.E.
Klugh,
Gary
T. Pope,
Susan C. Fellers, Clerk to Council
Media: Heather Hawkins – WKDK
Cindy Pitts, Newberry Observer
Cassie Fowler, Whitmire News
Notice of the meeting was duly advertised as required by law.
Chairman Mike Hawkins called the meeting to order and determined a quorum to be present. Councilman Henry Summer will be late.
Mr. Hawkins had the invocation followed by the Pledge of Allegiance.
Adoption of Consent Agenda:
Mr. Waldrop moved to adopt the consent agenda; second by Mr. Morris. Vote was unanimous.
Additions, Deletions and Adoption of Agenda:
The following amendments were made to the agenda:
1. Add a Proclamation relating to the Free Medical Clinic. (.5)
2. Add a Resolution to be
sent to the Legislative Delegation requesting funding from the state level for
3. Under Executive Session add a legal matter relating to Fee in Lieu of Taxes; contractual matter relating to the Acting Administrator; and a legal matter relating to the Sheriff’s Department. (10.1, 10.2 and 10.3) Mr. Baker and Mr. Pope will be asked to leave Executive Session while Council discusses the next step to take relating to the Sheriff’s Department
4. Delete Agenda Item #10.
There being no further additions or deletions, Mr. Morris moved to adopt the agenda as amended; second by Mr. Dawkins. Vote was unanimous.
.5 Proclamation
honoring the first anniversary of the Free Medical Clinic of
Mr. Hawkins read the Proclamation into the record (a copy of which is attached hereto).
Mr. Morris moved to adopt the Proclamation; second by Mr. Waldrop. Voting for the motion: Councilmen Hawkins, Waldrop, Dawkins, Morris and Baker. Councilman Caldwell abstained because of his wife’s involvement with the Free Medical Clinic. Motion passed by majority vote.
Mr. Hawkins then presented the signed Proclamation to representatives from the Free Medical Clinic.
1. BellSouth Presentation.
Previously
2. 2005 Financial Audit.
David Enzastiga presented the audit for the period ending June 30, 2005, which audit was unqualified. The general fund balance as of June 30, 2005 was $7.6 Million.
3. Update on Sheriff’s
Office.
Jack Grimes with Carter Goble Lee presented Council Members with a binder of updated information including a status report and recommendations as to how to proceed (no copy for official record).
Several different relocation sites have been evaluated and estimates are being received at this time as to cost for relocation.
We continue to monitor the safety and indoor quality of the air. The scrubbers and dehumidifiers seem to be working. The level of spores has not gotten any worse throughout the whole building. The water intrusion seems to be continuing and is exasperating the problems. We will continue to sample the air and the Industrial Hygienist has recommended a minimum of 48 hours after a severe rainstorm because the rain exasperates and causes more problems with the mold.
All of the contents of the building will have to be cleaned before moving to another location.
We found two offices that had extremely high counts of mold, and the individuals in those two offices have been moved.
There are issues with communication equipment, security, controlled access and integrity of the warranties. Based on these considerations, it is recommended that the communication equipment should be relocated.
The recommended relocation site is the fairgrounds, which will require minimal preparation.
The proposed budget for phase one of the relocation of the Sheriff to the modular buildings is estimated at $582,643.
Public Comments:
No comments.
4. An
Ordinance making an amendment to Ordinance No. 01-02-04, known as the
Purchasing Ordinance, to restrict the provision of goods and services to the
County by elected officials and employees of the County, or by businesses in
which they have a financial interest.
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 second reading; second by Mr. Summer.
Mr. Dawkins read from the following from the Purchasing Ordinance:
SECTION 3-21. PERSONAL INTERESTS.
(a) Conflicts of interest. Any purchase or contract within the purview of this article in which the Purchasing Coordinator or any officer or employee of the County is financially interested, directly or indirectly, or which is, in any other manner, in conflict with state or local ethics laws, . . . . No employee or elected official of the County may bid on a County contract if that individual is authorized to exercise decision making authority or responsibility with regard to that contract.
Mr. Dawkins asked that as the ordinance reads today could it not be interpreted that no employee or elected official should be bidding on county property.
Mr. Pope said this basically tracks the State Ethics Act. The State Ethics Act basically deals with public officials who make decisions on the county’s side of the equation to either award or create specifications for, or otherwise be actively involved in the process from the county’s side. The Ethics Commissions has stated that as long as contracts are put out for public bid then as long as the county official did not have the authority to create the specifications, and it is a public bid process, then the employee or elected official could do that. The last sentence relates to the county as opposed to looking at it from the contractor’s side of exercising decision making authority. The question is whether or not looking at from the other side the ordinance prohibits that. It is a little bit of a gray area, and someone could look at it that way and put a different point of view to it. The operative word in the ordinance is “authorized” which means someone who is actually granted the power to do something for someone or some company. The question here is if you had a person who is employed by the company and directed by that company to work on the county contract and was actually doing that, it could come into play. It could give a bad impression in that situation where an elected official may be exercising authority for the county on one hand and then exercising authority for the contractor on the other hand. The Ethics Act says that no one who is an elected official can make a decision that gives them a financial benefit.
Mr. Pope recommended strengthening the ordinance with the following proposed language to make it clear as to Council’s policy:
“… and further, no business which employs such a person, or in which such a person has an ownership interest, may bid on, or be awarded, a contract by the County for the provision of any good or services including but not limited to contracts for construction or repair of buildings, roads or utility lines. …”
That would make it clear and you won’t go into the question of authorization. It is a question of employment or ownership.
As the ordinance is written now, it allows the
Mr. Waldrop asked if it was unethical for someone on the County Council or any elected official to bid on any job in any county.
Mr. Pope advised that as long as it was a public bid situation there was nothing wrong with it. The problem arises if the public official has prepared the plans for specification or had any input into how those plans for specification are done.
Mr. Pope advised Council they would have to make a decision as to how this ordinance would relate to persons appointed by outside authorities such as the Magistrates and Veteran Affairs Officer.
Mr. Baker stated this was addressed directly to him. He obtained an opinion from the Ethics Commission when he was elected to Council, and he was told by them there was no problem as long as it was public bid. Mr. Baker’s problem with the ordinance was not the part that dealt with him but it will deal with several other people employed by the County.
Mr. Pope advised that as it is proposed, it does not deal with the issue of spouses. This only applies to elected officials or public employees but not his/her family members.
After discussion, Mr. Waldrop moved to postpone second reading; second by Mr. Baker.
Mr. Summer stated he would vote for postponement if this is added to the Retreat agenda for discussion. Mr. Hawkins advised that this could be added to the Retreat agenda.
Voting for the motion to postpone: Councilmen Hawkins, Waldrop,
5. An Ordinance to amend
the Budget Ordinance for the 2005-2006 fiscal year,
Ordinance #06-18-05, so as to incorporate supplemental revenues and
appropriations into the budget for the current fiscal year, and to authorize
the issuance of a General Obligation Bond and a General Obligation Bond Anticipation
Note in an amount not exceeding $500,000, and to pledge the full faith, credit
and taxing power of the County as security for the repayment thereof.
Mr. Morris moved for first reading; second by Mr. Caldwell.
Mr. Morris moved to amend the amount to $600,000; second by Mr. Caldwell. Vote was unanimous to amend.
Mr. Pope advised the bond attorney has sent another ordinance with more detail, which would need to be substituted at second reading.
Mr. Waldrop asked if the county has available funds, should we borrow the money or use the money already paid by taxpayers.
Mr. Pope advised this is an anticipation note until we get through the budget process and understand exactly what money is available and what will be spent next year. We don’t have to borrow the money even if the ordinance is adopted but in order to be ready; the ordinance needs three readings and a public hearing. The tax notices have already gone out, and we cannot do it as a tax anticipation note. It has to be done as a bond anticipation note. There is no obligation to borrow the money if the county doesn’t need to but if the time comes that we need it, this will be in place.
Mr. Hawkins stated a lot of people are asking when the Council is going to talk about who is going to pay for this problem. As soon as the employees are in a safe environment, Council will use every means at its disposal to see that the county is reimbursed by the responsible party.
Mr. Caldwell stated we have had enough studies done that the money spent on studies could have been used to get these employees moved.
Mr. Hawkins called for the question on first reading. Vote for first reading as amended was unanimous.
6. An Ordinance to
authorize the selective cutting and sale of standing timber in specified areas
of the
Mr. Morris moved for first reading; second by Mr. Baker.
Mr. Summer stated these proceeds would be placed in a separate account to be used for the park, and there will be a public hearing on second reading.
Mr. Hawkins called for the question. Vote was unanimous.
6.1 Resolution for
Legislative Delegation.
Mr. Morris stated last year the Legislature appropriated money to numerous towns and cities in the budget for specific projects.
Mr. Morris moved to authorize the
6.2 Site for temporary location of the Sheriff’s Office.
Mr. Morris moved to temporarily relocate the
Sheriff’s Office to the fairgrounds; second by Mr. Waldrop. Voting for the motion: Councilmen Hawkins, Waldrop,
7. Committee Reports.
No reports
8. Appointments.
Mr. Morris nominated Todd Lever to serve on the Fairgrounds Committee.
Mr. Waldrop nominated Buddy Counts to serve on the Airport Committee.
There being no further nominates, Mr. Dawkins moved to accept the nominations; second by Mr. Baker. Vote was unanimous.
9. Transfer of funds to Councilman’s travel account.
Mr. Summer said we were fortunate to have Mr. Caldwell represent us at the National Association of Counties, which requires travel to different parts of the country. These travel expenses should not go against Mr. Caldwell’s travel account and should come from another travel account or add additional funds to his account to reimburse him for these expenses. Mr. Summer so moved; second by Mr. Waldrop.
Mr. Hawkins advised he was also on the Board of the South Carolina Association of Counties.
Mr. Pope asked if this was to reimburse Mr. Caldwell for previous travel that may not have been covered. Mr. Summer included that in his motion.
Mr. Hawkins felt by June 30 there may be enough in the other Councilmen’s travel accounts to cover the expenses.
Mr. Summer moved to let Mr. Caldwell’s account run in the red; second by Mr. Waldrop. Vote was unanimous.
Mr. Baker requested that $1,000 be transferred from his travel account to Mr. Caldwell’s travel account.
10. Adoption of Budget Calendar.
Deleted.
Executive Session.
10.1 Legal matter – FILOT
10.2 Contractual – Acting Administrator
10.3 Legal – Sheriff’s Office
Mr. Morris moved to go into Executive Session to discuss a legal matter concerning the fee in lieu of taxes, a contractual matter concerning the Acting Administrator’s contract, and without Mr. Baker or Mr. Pope to discuss a legal matter concerning the Sheriff’s Office; second by Mr. Dawkins. Vote was unanimous.
The reason Mr. Pope will not be in the room is that should the time come there is litigation between the Council and another Council Member, Mr. Pope would not be able to serve in that capacity.
Mr. Morris welcomed Mr. Klugh.
Mr. Waldrop thanked Teresa Powers for her part in obtaining the funds from BellSouth.
[EXECUTIVE SESSION 8:06 P.M. – 9:05 P.M.]
Mr. Waldrop moved to return to regular session; second by Mr. Summer. Vote was unanimous.
Mr. Pope reported the following:
1. Council discussed the Fee in Lieu of Tax situation and the request by the school district. We will get additional information.
2. We discussed the terms of the contract with Mr. Klugh to carry out what Council previously voted to do.
Mr. Hawkins reported Council discussed the situation with the building on Highway 219 currently occupied by the Sheriff.
Mr. Dawkins moved to instruct the
Comments:
Mr. Hawkins requested that any items to be added to Retreat agenda should be turned in to the Clerk to Council by tomorrow.
The adoption of the budget calendar was removed from the agenda. Mr. Klugh has come up with a more streamlined approach, and we will discuss it at the Retreat.
There being no further business, Mr. Morris moved to adjourn; second by Mr. Waldrop. Vote was unanimous.
Meeting adjourned at 9:10 p.m.
NEWBERRY COUNTY COUNCIL
_______________________________
Mike Hawkins, Chairman
_______________________________
Susan C. Fellers, Clerk to Council