NEWBERRY COUNTY COUNCIL
MINUTES
FEBRUARY 2, 2005
The Newberry County Council met on Wednesday, February 2, 2005, at 7:30 p.m. for a regular meeting.
Present were:
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
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.
Mr. Hawkins called the meeting to order and determined a quorum to be present.
Mr. Pope had the invocation followed by the Pledge of Allegiance.
Mr. Caldwell moved to adopt the consent agenda; second by Mr. Baker. Vote was unanimous.
Mr. Hawkins requested the following additions:
1. Under Personal
Appearances, Dennis Caldwell, Administrator of
2. Under Executive Session, personnel matter (Agenda Item 12.1)
There being no further additions or deletions, Mr. Waldrop moved to adopt the agenda as amended; second by Mr. Dawkins. Vote was unanimous.
.5 Dennis Caldwell,
Administrator of
Mr.
Caldwell introduced Susan Dean, trainor, and other guests from
1. Newberry County
Registration and Elections – Jean Simmons, Chair
Ms. Simmons stated the State Election Commission requires approval by County Council to install the new ES&S voting system, which is the uniform statewide voting system chosen by the State under the 2002 Help America Vote Act. Each county is responsible for the cost of warranty and support services from Election Systems and Software beginning January 1, 2007. The Board recommended approval by Council to install the ES&S voting system. Any monies derived from the old voting machines would go to the county.
Mr. Dawkins moved to approve recommendation; second by Mr. Waldrop. Vote was unanimous.
2.
Lisa Senn, Chairman of the Newberry County Memorial Hospital Board, requested refinancing the Series 1999 Bond indebtedness using the hospital building as collateral. This would allow the hospital to reduce its fees by approximately $1.2 Million over the current life of the bonds. This reduction would allow the hospital to lower the life expand of the bonds from a 30 year period to a 25 year period or possibly even 22 years. It will also reduce the amount of interest paid over the life span by about $1.6 Million. That is a potential savings of approximately $2.7 Million. The hospital is also interested in converting these bonds from a variable rate to a fixed rate.
Mr. Summer requested the hospital run numbers for 15 years and present that to Council.
3.
John Glasgow, Chairman of the Newberry County Airport Commission, reported that the last three years they have gotten $150,000 per year for airport improvement funds, but even with those improvements the airport is not viable in order to land planes. A temporary overlay on the present runway has been done. Some justification studies with the traffic and other things have been done, but the FAA says we have not justified lengthening the runway but have justified a new runway. .
We are trying to secure monies for the airport through the State Aeronautics and the FAA, and we are on the brink of getting a grant signed to do a parallel 3500 foot runway and then use the present runway as a taxiway.
Gary Varga with W.K. Dickson advised that the FAA accepted the justification study for maintaining a 3500 foot runway. The FAA mandated that we do an alternative study predicated on that decree. The four alternatives were:
(2) Put a parallel runway parallel to the existing runway and use the existing runway as a taxiway with a separation of 240 feet. This is the one the FAA desires
(3) Extend existing runway 500 feet to make it 4,000 feet, which would allow larger business class aircraft to use it.
(4) Essentially the same thing but redevelop all the terminal area on the other side of the runway and put a taxiway on the other side of the parallel runway.
All of these alternatives will require property and/or easement acquisition to some degree, whether it is fee simple or easement can be determined. Fee Simple acquisition would be on the west side of the airport. If the county accepts the grant with the FAA, the county is saying it will exercise imminent domain.
An alternative not yet presented to the FAA is to totally reconstruct the existing runway to the existing length, which is the least expensive alternative at a cost of just under $1,000,000. This would be a 95% grant from the FAA so the county would pay 2 ½ cents on the dollar. This would not require any fee simple acquisition; however, there are some areas off the ends of the runway where there are obstructions, such as trees, that would have to be trimmed. That would require acquiring an easement from the property owners in order to trim the trees. This alternative would buy the county about 10 years. It takes about that long to build a new airport presuming that funding will be in place and environmental issues are acceptable and assumes the property can be acquired either through friendly negotiations or through imminent domain.
There is a pre-application into the FAA for approximately $150,000 for putting in some fuel tanks at the existing airport, and the FAA needs know within the next 90 days whether the county wants to pursue the fuel farm or the runway. If the existing runway is redone, the airport would be closed approximately 30 days from the day the bid is let.
Mr. Glasgow indicated that the Airport Commission would like to see the County come up with funding for the fuel in the amount of approximately $75,000 to $80,000 and would hope the grant would stay in place to do the improvements to the airport. Until the County gets the trees removed, the FAA is not going to let the grant to do the fuel tank.
Mr. Varga stated if the $150,000 is used for fuel at an approximate cost of $75,000 to $80,000, the rest of the money would take care of the obstructions. Once the County accepts a grant one of the top priorities of the FAA is to insure there is no obstruction to the approach of the airport. There is an application in to the FAA to cover the fuel farm at 95 cents on the dollar, and the rest of the money could be used to clear and get the obstructions removed.
Mr. Varga stated the length of the runway is determined by the number of operations you can document that would operate at the airport if the runway length were available.
Mr.
Glasgow stated they anticipate getting the $150,000 continuously each year
through 2007. Mr. Varga said the
$150,000 per year through 2007 has already been approved by Congress. If the appropriations are there, the money
will be there for
Don Cochell spoke in favor of the fuel farm.
Mr. Morris moved to grant approval for the fuel farm this year and reconstruction of the existing runway for next year to keep the airport operational until we can decide what to do long term; second by Mr. Baker. Vote was unanimous.
Mr. Varga advised Council that by accepting the FAA grant they needed to take care of the safety items, which are the trees.
No public comments.
4. An
Ordinance approving the conveyance to the South Carolina Department of
Transportation of certain portions of the rights of way of three county roads
at their points of intersection with Highway 121, and to accept the
compensation offered for those conveyances.
Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Caldwell asked where the intersections were located.
Mr. Baker moved for third reading; second by Mr. Morris.
Gary Williams,
Right of Way Agent with the SC Department of Transportation, stated the rights
of way were for
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
5. An
Ordinance to amend the Official Zoning Map established pursuant to Zoning
Ordinance No. 12-24-01 so as to rezone TMS Parcel Nos. 654-58 and 654-12 from
Single Family Residential (RS-1) to a Planned Development District (PD).
Mr. Dawkins moved for second reading; second by Mr. Waldrop. Vote was unanimous.
6. An
Ordinance to amend the Official Zoning Map established pursuant to Zoning
Ordinance No. 12-24-01 so as to rezone a 6.97 acre portion of TMS Parcel No.
335-47 from Single Family Residential (RS-1) to Single Family Residential
(RS-3).
Mr. Baker moved for second reading; second by Mr. Morris. Vote was unanimous.
7. An
Ordinance adopting a revised Solid Waste Management Plan pursuant to §44-96-80
of the 1976 S.C. Code of Laws.
Mr. Hawkins advised that on January 5 we heard from a group of people who were opposed to the landfill being located on 202. On January 11, the following Tuesday, we had a meeting in Pomaria, and we heard a resounding voice from all the people there that they wanted us to continue to appeal. On January 12 this Council voted unanimously to continue that appeal and to go ahead with the lawsuit. In order to move forward rapidly and get this new Solid Waste Management Plan into place we had first reading by title only. None of us had seen the contents of this Plan until last Wednesday night when we were handed a draft. Once again in order to facilitate the movement of this forward as quickly as possible, we didn’t follow normal procedure. Normally the Council would study the draft before we make it available to the public but we wanted you to have it available to look at as quickly as possible, so on Thursday morning the Clerk to Council made copies available to anybody that wanted to read it. Many of you are here tonight because you object to having seen Option #1 included in that Plan. A lot of people sitting up here objected to seeing Option #1 include in the Plan after we had voted unanimously to continue our appeal to the courts. We have been working diligently to come up with an Option #4 (copies distributed to public). We have ascertained from DHEC that the landfill beginning to be constructed near the city limits of Newberry will take construction and demolition debris.
Option #4 states:
“OPTION 4 – FOR
C&D DISPOSAL IN
The Southeast Resource Recovery,
Inc. (SRRI) Industrial Waste Landfill located near H Elena is permitted by
SCDHEC to accept C&D waste.
Considering the projected average C&D waste generation rate for
Mr. Hawkins then called for the public hearing.
Elsie Fields expressed objection to Option 1 of the proposed Solid Waste Management Plan and requested that any mention of Eagle Container and Highway 202 be deleted from the text.
Representative Walt McLeod stated Option 4 obviates the need for having a C&D landfill at Pomaria and asked if that was Council’s understanding. Mr. Hawkins concurred and stated if Council approved Option 4, they would be killing Options 1, 2 and 3.
Representative
McLeod had one question on page 23 of the Plan:
“Establishment of one solid waste processing facility in or near the
Town of
Jim Redden said
a landfill will generate revenue for
John Huggins spoke against the landfill in Pomaria and at Council’s attempt to undermine their progress, but tempered that with the fact that Option 4 had been introduced.
Nora Stuck thanked Council and the people who stood with them to fight the landfill.
Barry Werts thanked John Caldwell for his support and asked for his continued support and the rest of Council’s support. He questioned how Option 1 was even left in the Plan and asked who was actually running the County. He asked Council to kill Option 1 and limit future landfills at other more acceptable locations to maximum amounts to take care of our own trash and not see dollar signs by taking other people’s trash.
Buddy Johnson asked if Option 4 would be the only option under that category. Mr. Johnson felt adoption of this plan would essentially put DHEC in a position to turn it down. Rudy Curtis stated if Option 4 was the only option placed in the plan in the form it is written, he suspected DHEC would not allow any other C&D landfill in the County.
Mr. Johnson
asked Council if the permit is issued, would the county be willing to continue
to fight this Pomaria landfill situation.
Mr. Hawkins stated Council voted unanimously to appeal, and until we
hear from the Judge there is not much else we can do. Mr. Johnson asked should DHEC issue a permit,
would the County continue the fight. Mr.
Hawkins stated we had zoning which was about the only thing to work with other
than DHEC. Mr. Waldrop pointed out that
the County had not put out any money on the
Nica Dowd (from audience) questioned Council as to why they didn’t respond to Mr. Caldwell’s question earlier about where the intersections were on Highway 121 and Council was willing to continue the vote and did so without knowing exactly where that was. When Mr. Curtis was at the Pomaria Garmany school meeting, he was introduced as a representative of DHEC, having just retired. No one ever mentioned that he worked for B.P. Barber and we wonder why that was the case. Mr. Hawkins stated at that time he did not work for B.P. Barber.
Mr.
Hawkins stated if the people at the
Mr. Morris, responding to Ms. Dowd’s comment about the intersections, stated the first reading on the ordinance for the driveway intersections, they were all listed, but he had forgotten where they were. The first reading every one of them was specified, and we all had a chance to read it and see it.
Les
Harrison stated Option 4 appears to be a clear reversal from what he had read
originally in the first three options.
He was concerned because they don’t know for sure if the dirt turning in
Jimmy
Johnston asked if Council had been doing something for
Mr.
Hawkins stated no tax dollars were spent to pay lawyers to fight the
Rudy Curtis stated Mr. Spotts could not apply for a permit from DHEC until he gets zoning clearance and gets consistency with the local solid waste management plan. DHEC will not accept a permit application from him without those documents.
Don
Cochell asked if the
Ms. Dowd asked if Council voted to make Option 4 the only option, should they feel pretty much protected that this may not happen after all. Mr. Hawkins stated he would feel a whole lot better, but this case is still in court, and we don’t know what the Judge will decide.
There being no further comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Waldrop moved for second reading; second by Mr. Dawkins.
Mr. Dawkins moved to amend by eliminating Options 1, 2 and 3 and put in Option 4, not as an option, but as the proper wording in the waste plan; second by Mr. Baker.
Mr.
Summer asked if this was an endorsement in any way of the
Mr.
Hawkins didn’t see it as an endorsement of the
There being no further discussion, Mr. Hawkins called for the question. Voting for the amendment: Councilmen Baker, Morris, Dawkins and Hawkins. Voting against the amendment: Councilmen Summer, Waldrop and Caldwell. Motion passed by majority vote.
Mr. Morris moved for second reading as amended; second by Mr. Dawkins.
Mr. Morris stated this is still a draft and is still subject to change. Mr. Morris has a number of concerns with the proposed plan and would like some covenants added to the document to protect the county in the event that the court comes through and says something will happen with a C&D landfill.
Mr.
Summer will vote for second reading but before third reading wants the option 4
reworded so it doesn’t sound like an endorsement of the
Mr. Hawkins was offended that it says “final” draft. It should say first draft because this is the first we have seen it.
Mr.
Waldrop is not in favor of a landfill in the Pomaria and not in favor of one in
Mr.
Dawkins said
There being no further discussion, Mr. Hawkins called for the question. Vote for second reading as amended was unanimous.
Mr. Waldrop moved for a 10 minute break. Vote was unanimous.
]BREAK 9:35 P.M. – 9:50 P.M.]
8. Committee Reports.
No reports.
9. Appointments:
A. Airport
Commission: District 5
B. Newberry County Recreation Commission : District 3
No appointments.
10. Adoption of Budget
Calendar for FY 2005-2006.
Mr. Caldwell moved to adopt the Budget Calendar for FY 2005-2006 as presented; second by Mr. Summer. Vote was unanimous.
11. CSX Crossing Closing – Gary Pope,
Ron Lilly, Public Works Director
Nelson High, CSX Railroad
Mr.
Pope stated this road goes through from
John
Dillard, Director of Public Affairs in
Nelson
High, Public Safety Coordinator in North and
Mr. Pope suggested the County obtain a traffic count as to how many cars go across on a daily basis. Under State law the County has liability for county roads that cross railroad tracks. We have the duty to inspect these crossings and advise them if there is a problem. Mr. Pope suggested Council may want to take action to close the entire public road if it approves the closing of the crossing.
Mr. Baker moved to accept as information; second by Mr. Morris. Vote was unanimous.
Mr. Pope requested that CSX send draft documents for our consideration.
Mr. Caldwell moved to go into Executive Session for an economic development matter and a personnel matter. Vote was unanimous.
[EXECUTIVE SESSION 10:04 P.M. –
11:37 P.M.]
12. Economic Development.
12.1 Personnel.
Mr. Baker moved to return to regular session; second by Mr. Waldrop.
13. County/City Retreat: February 12, 2005, 8:00 A.M.
Conference Room, Courthouse Annex
14 Council Meetings: February 16, 2005, 7:30 p.m.
March
2, 2005, 7:30 p.m.
15. Council Annual Planning
Retreat: February 26-27, 2005, 8:30
a.m.
Conference Room, Courthouse Annex
No comments.
No comments.
Mr. Baker moved to adjourn. Vote was unanimous.
There being no further business, the meeting adjourned at 11:40 P.M.
NEWBERRY COUNTY COUNCIL
________________________________________
Mike Hawkins, Chairman
_________________________________________
Susan C. Fellers, Clerk to Council