NEWBERRY COUNTY COUNCIL

MINUTES

FEBRUARY 15, 2006

The Newberry County Council met on Wednesday, February 15, 2006, at 7:00 p.m. in Council Chambers at the Courthouse Annex for a regularly scheduled 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

Gary T. Pope, County Attorney

Susan C. Fellers, Clerk to Council

Absent: J.E. Klugh, Acting County Administrator

Media: Cindy Pitts, Newberry Observer

Heather Hawkins, WKDK

Cassie Fowler, Whitmire News

Notice of the meeting was duly advertised as required by law.

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

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

Adoption of Consent Agenda.

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

Additions, Deletions and Adoption of Agenda.

The following amendments were made to the agenda:

1. Postpone Agenda Item #.5.

2. Agenda Item #8 should be two requests, rather than one.

3. Adoption of the budget calendar should be added as Agenda Item #9.

4. Under executive session add a contractual matter regarding Carter, Goble Lee; a legal matter to interview an attorney who specializes in construction law; an economic development matter. Mr. Pope and Mr. Baker will be excused during the discussion of the legal matter.

5. Move Agenda Item #7after public comments and make it Agenda Item #.5.

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

Public Comments.

No public comments

Mr. Hawkins announced that at the last meeting Council voted for the Sheriff to move to the fairgrounds; however, since that meeting the temporary location of the Sheriff’s Office has been changed to the facility and grounds next to Piedmont Technical College.

.5 Lynches Woods Park Educational and Agricultural Center.

Craig O’Dell with the US Department of Agriculture advised their lease for their current location would be up on September 30, 2006, and they were in the process of looking at different options for the agriculture service center. One option is to bring Clemson back in with an agricultural service center for Newberry County. In the building they are now, they need more space for one of the agencies. When the lease is up in September, they will be negotiating with someone for another five year lease. If Council desires to build a building to house the USDA services and Clemson Extension, this would be an opportunity for all to pull together. Wayne Kesler would do all negotiations for USDA for space and the lease. USDA’s policy allows negotiations directly with a unit of government for a building without public bid provided the lease is for $2 less than the going rate for office space in the area. The USDA would need 3,780 square feet; Clemson Extension would need 2,440 square feet; and the Conservation District would need 120 square feet, for a total square footage of 6,340. Counties have to furnish Clemson Extension space rent free, which means approximately 60% of 6,340 square footage would be rental property.

Mr. O’Dell asked for direction from County Council before the USDA made any further plans. There are discussions of possibly two buildings; one being an educational center and the other an office building. The USDA would come up with a floor plan to meet the criteria for space needed to be presented to the County, and the County in turn would take it to an architect for construction and design.

The going rate would be determined through survey, which Wayne Kesler would handle. The USDA would ask for a five year least with the option of renewal for another five year period. The first five year term would lock in the rate below the $2 per square foot going rate. The second five year term would not have to be rented below the $2 going rate.

Mr. O’Dell requested that Council provide them with a decision as soon as possible.

Annette Davis with Newberry County Soil and Water Conservation District receives a lot of calls pertaining to Lynches Woods since their agency has the management responsibility for the park. The park is used by so many people that an educational center to promote the conservation and overall education of natural resources and agriculture would be a jewel in the County’s crown to benefit the citizens. The building could be a multi-purpose building and could be used by the school district and local citizens. The size of the building could be flexible except that Clemson Extension has specific requirements for their kitchen and demonstration area. Ms. Davis has had people to offer private donations to the building of an educational center. There is also the proposal of a grant that the County could get for the additional funds for the educational center.

Darren Atkins with Clemson Extension advised if an educational center is built some of his space in the office building could be cut down; for example, the conference room of 600 square feet could be deleted from his office space if the educational center is built at the same time.

1. An Ordinance to authorize the selective cutting and sale of standing timber in specified areas of the Lynches Wood public park.

Mr. Baker received two phone calls and there is a rumor that Lynches Woods is going to be clear cut, which is not true. There are approximately 249 acres in Lynches Woods. 176 of those acres are hardwood and 72 of them are pine. The pines are thick and overgrown and need to be thinned. We are only talking about thinning the pine trees on the 72 acres, which will help the remainder grow faster.

Mr. Hawkins has received calls from people who think the County is trying to shift money from Lynches Woods to some other line item in the budget. Paragraph 5 of the Ordinance specifically says the net proceeds from the sale shall be deposited into a separate fund previously established for the purpose of Lynches Woods Park.

Mr. Dawkins received several calls, and County Council didn’t dream up that we need to butcher Lynches Woods. Years ago County Council authorized the Newberry County Soil and Water Conservation District to look after Lynches Woods. This is something they have looked at as far as preserving and taking care of the park. The easy thing for County Council is to do nothing but it may not be the right thing.

Mr. Hawkins called for the public hearing.

Darren Atkins, Forester with Clemson Extension in Newberry, residing at 204 Alice Harris Drive, Prosperity, SC, was asked by the Newberry County Soil and Water Conservation District to organize a group to look at Lynches Woods’ park to come up with a plan if County Council decided to go forward with the proposed harvest. Contributors to this project were RCS, Newberry Soil and Water Conservation District, Department of Natural Resources, SC Forestry Commission and the SC Parks, Recreation and Tourism.

The primary objectives of the park set forth by the Newberry County Soil and Water Conservation District are recreation/education, environmental protection and forest management. A selective thin was recommended to where approximately half of the standing Pine would be harvested. No hardwoods would be touched. There is a potential for Southern Pine Beetle infestations, and there are some hazardous trees that need to be removed. The Pines are very old growth and are reaching the end of their life cycle. The Pines will begin dying and the hardwoods will live longer. The forest will start deplenishing itself down the road. When that happens, you end up with a less desirable area because of species that come in there after the Pines die out.

The Department of Natural Resources provided input on wildlife recommendations, which also called for a selective thin. Forest Recreation and Tourism requested that special attention be paid to the trails, and we propose to buffer the trails to keep from cutting right up to them.

This operation is being approached as a way to enhance the property and not be a detriment to it. Close attention should be paid to the steep slopes in the park. The park can still be an opportunity to provide educational opportunities if the plan is implemented correctly.

Mr. Dawkins asked for examples of parks of a similar nature where thinning has been done and where thinning hasn’t been done where it had a negative impact either way. Mr. Atkins advised it depended on the use of the property. The most similar example occurred in McCormick at John de la Howe School. Same type of timber was thinned there as is proposed at Lynches Woods.

Mr. Summer asked about damage to the forest from the heavy equipment of the loggers. Mr. Atkins advised there would be concern as to the impact of the equipment. We have a code of best management practices set forth by the State of South Carolina, and the plan proposes to follow those practices including buffering streams, more or less depending on the slope, and designing the logging roads in a way that it is not going to create more damage than necessary. The attention to the logging design is probably the most important thing about making this a success and having close supervision of the crew.

Mr. Waldrop asked if there was a logging plan, and Mr. Atkins advised no logging plan was in place.

Mr. Hawkins inquired as to how long the park would have to be closed if the decision was made to go forward with the selective thinning. Mr. Atkins advised one to two months at the most.

Mr. Dawkins asked how many acres were involved in the previous cutting in the early eighties at Lynches Woods. Mr. Atkins advised he had not researched that. Mr. O’Dell stated it involved several spots, but now you can’t tell where they were cut.

Donna Jordan, 109 Little Hampton Drive, Irmo, SC, a frequent visitor to the park, rides her horses there throughout the year. It is one of the most beautiful natural areas in this State for doing that type of activity. Ms. Jordan doesn’t want to see anything disturbed in the park and felt it should be left to the Lord and Mother Nature to do what needs to be done there.

Rick Hayden, Irmo, SC, also rides horses in the park with Ms. Jordan. He was more concerned about what was going to happen, such as how thinly and how selective.

Dr. Charles Horn, Biology Professor at Newberry College, residing at 2150 Walton Way, Newberry, SC, was opposed to cutting. Over the last three years he has done a detailed study of all plants in Lynches Woods. In the 280 acres, 528 species of plants were found. Approximately 1,000 species of plants are in Newberry County, which means that Lynches Woods has almost half of the plants of the entire county. Three rare plant species, the May-white azalea, the Piedmont Aster, and the Eastern Prairie Anemone, are included in the Park. The Park has interesting and unusual geology in that the Park includes granite outcrops and quartz outcrops with large crystals in it. The soil in Lynches Woods is sandy soil with a potential for erosion. There are already areas eroding along the road. Lynches Woods is also part of the Palmetto Trail, which provides an important economic incentive for the county and people will be using the Park as drop off and pick up points. He suggested that Lynches Woods in its pristine state not being cut has an absolutely positive aspect for people that are hiking through the entire state.

Mr. Morris asked what would happen to the rare plants if there was a fire in the Park. Dr. Horn stated that most of them would survive because they are adaptive for life in this area.

Mr. Morris stated Lynches Woods was a fire waiting to happen and what would happen to the people in the adjoining subdivisions if there were a catastrophic fire. Dr. Horn advised Lynches Woods was surrounded by Pine plantations, and those areas would be hurt just as hard, but selective cutting would not stop a catastrophic fire. Dr. Horn suggested to the Soil and Water Conservation District a controlled fire, but they advised it would not be a viable option. A controlled fire encourages undergrowth to be established.

Tom Longshore, Dreher Island Road, Prosperity, SC, worked in the forest industry for 45 years. Of those 45 years, 15 years were in land management and 30 years in procurement. In all those years he never saw a logging job that looked pretty. This project will require big equipment because of the size of the trees, and anything in the path will be crushed and broken. Trash will be left from the limbs, and the skidder will run over trees. When the trees are drug out, that will take an acre for the landing. The trees should not be cut under any circumstances. If the County is that hard pressed for money, do something different. We are not talking about a lot of money to begin with when you look at the whole scope of what the County spends. The County spends about $20,000,000 per year. There are over 400,000 acres of land in the county. We have 280 acres here we want to destroy. This is a jewel that we ought to leave here. Our grandchildren should be able to enjoy it. It is a disgrace to cut this forest. This is the only place in Newberry County you can see big, tall virgin timber. If controlled burning is done properly, it can be done without having wildfires or burning the whole country up. Let nature take its course.

JaNaye Bryson, 1329 Fire Tower Road, Prosperity, SC, said you didn’t see climaxed forests like this anywhere in the United States. Yellowstone burned because they did not let nature take its course. Every time there was a fire, they put it out. They did not allow the natural lightening strikes to burn the undergrowth, and it built up until it got out of control. She was worried about cutting timber and making open spaces because unnatural open spaces end up with brambles and weeds you can’t walk through. Cutting will affect the watershed. Wildlife likes it as it is. Old trees provide habitat. If the logging is done, concerned citizens need to make sure it is cut properly.

George C. Kinard, 105 Union School Road, Prosperity, SC, retired educator of 32 years, was opposed to harvesting the timber although he could see both sides of the issue. From an educational standpoint, it would be a shame to cut, harvest or thin the timber. Let nature and the hand of God work out there. There are very few places you can see nature at work. Once virgin timber is cut it doesn’t come back. Talk about building an educational center and cutting the timber doesn’t compute. As trees die, more trees come up. He urged Council to put a great deal of research into this and bring in persons with expertise before cutting any timber in Lynches Woods.

Bob Coleman, 125 Williams Wood Drive, Prosperity, SC, disagreed with the recommendation of the foresters to thin the woods. He requested that Council seek the advice of Dr. Horn before putting a rubber stamp on this. The trees cannot be harvested without doing damage. He was concerned as to why the park would be closed during the harvest if there would be no damage to the interior of the park. He asked if this would require an environmental impact statement. Mr. Coleman asked that Council consult other persons before make the decision. He was opposed to selective cutting only if it is going to damage the park itself.

Mr. Morris’ understanding was the roads would not be used because the bridges on the roads will not support any traffic. The park will be closed for safety issues. This has not been a willy nilly decision. The Soil and Water Conservation people have been involved in this process for about 8 months or longer with other experts, including Dr. Horn from the very beginning.

Sharah Clark, 1098 Timberwood Trail, Newberry, SC, lives in Forest Ridge, at the edge of Lynches Woods. As a teacher, she has sent letters her students wrote. They visited the woods several weeks go while studying ecology in 7^th grade. Half of her students had never been to Lynches Woods, and once they got there, she couldn’t get them out. When they read The Newberry Observer’s description of one of the prior Council meetings, her students were astonished that any cutting at all was going to happen. They wrote their letters based on research and came to the conclusion that this would not be a good thing One of the questions they addressed was in 3 to 5 years the park would look better, and they wanted to know what was wrong with the way it looked now. We understand the danger of Pine Beetle but would like to see evidence as to how bad that problem is. Wal-Mart did damage when it was built because huge loads of water went in the woods, and she has seen the erosion damage. She requested that Council not cut the timber and let nature take its course. Protect what God and nature have given us.

Millie Livingston, 1033 Wallace Drive, Newberry, SC, lives in Loblolly, which also borders the park, and was speaking for Buddy, the Beagle, as well as all the other dogs in the neighborhood. She was of the impression that Council’s decision had already been made. This is a park with a small number of acres. She respected the work of the Clemson Extension Agency but this is not a for profit piece of land. This is a public trust. There is open land already there closest to the armory that could house a timber frame, natural looking structure to be used for an educational center. Even though it would be nice to have an office building there, in the best interest of the park and the educational facility it would be better served somewhere else. Even in the best circumstances, logging will cause destruction to the property. She had concerns about accessing the property if not through the roads.

Mr. Morris advised that as far as a decision having been made, we don’t know how anyone will vote. Council has not polled themselves and when the motion is made, that’s when Council will know the decision. There has been no decision made on this subject previously and has not been discussed. As far as the office building in Lynches Woods and the educational center, Annette Davis with the Soil and Water Conservation District holds a camp in the park each summer. There is no presence in the woods, and we have vandalism because we have no presence in the park. An educational Center, Clemson Extension and USDA being out there will give us a presence in the park and prevent some of the vandalism we have experienced in the past.

Ms. Livingston was not opposed to the building, but there is open land at the head of the park. Mr. Morris stated that was where it would be located.

Ms. Livingston said it was a treasure and jewel that our neighboring counties do not have. It is very much under marketed.

Mr. Hawkins stated if people are there every day of the week, it could be a welcome center and a help to people who want to explore the park and would cut down on the vandalism.

Dr. Lynn Derrick was opposed to cutting the timber and had little to add to what had already been said.

Laura Gaynor, 224 Dixie Road, Newberry, SC, found it interesting that in days when communities were passing tree protection ordinances, we are talking about cutting trees. We are basically looking at passing a logging ordinance for Lynches Woods. Lynches Woods is a central park for Newberry which serves recreation and education and has historically significant, biologically significant and geologically significant areas in it. It is a trail head facility for the Palmetto Trail, and is one of the few facilities across the state that has overnight facilities for campers. A mountain biking race was held in Lynches Woods that brought dollars into Newberry County. Lynches Woods should not be logged. We need a serious plan that recognizes all of the activity and all the sensitive habitat, develop a plan on how to maintain them as well as how we can place conservation easements on the property to come to a realization between county government and the citizens of Newberry County so we are not sitting here having these discussions again ten years from now. In 1994 the County signed a Memorandum of Understanding with the Newberry County Soil and Water Conservation District giving them management authority. In January 2006 the Newberry Soil and Water Conservation District agreed to establish a committee, and Rick Doran was appointed as Chairman. Dr. Horn was also assigned to that committee. The committee was intended to define selective thinning because we had come to the realization that everybody was of the opinion that there was going to be some selective thinning. That committee has not met to define that so it is very premature for Newberry County to even be voting tonight, making a motion or even discussing timbering if the committee has not continued its work. In the past the County has allowed sewer and power line construction within the park along some of the existing rights-of-way but no provisions were made to ensure that the construction re-establish conditions back to pre-existing. There were also no clean up provisions in those contracts, and we are left with steel silk fences from the sewer line construction built to serve the industrial park approximately eight years ago. If we deem it necessary to thin, we need to clearly define and plan the removal operation as well as the clean up. We must impose penalties if protected trees are damaged and ensure that the State Procurement Code is followed to determine which logger is to be allowed. There are bigger issues that need to be dealt with such as an educational facility and road maintenance in some of the eroded areas. The funding account to which the logging funds would be contributed was originally grant money, and at that time approximately $100,000 was left in the account. There are plenty of funds for road and trail maintenance or management to preserve the park. We don’t need to be talking about logging.

Rick Doran, 3342 Bush River Road, Newberry, SC, Chairman of the committee established by the Newberry County Soil and Water Conservation District relating to the long term management plan of Lynches Woods, advised their immediate cause of action was to come up with a selective thinning proposal and procedure. That was finally decided on the second Tuesday of January, and we had our first meeting last night. The Newberry Soil and Water Conservation District was tasked with managing Lynches Woods. After research, it was the Board’s decision that selective thinning of 72 acres of Pines was what needed to be done. The next step was to define selective thinning. Mr. Doran’s motion in the committee was to provide a vehicle to define selective thinning. The people who agreed to be a part of the committee are Rick Doran, as Chairman, Dr. Horn, Darren Atkins, Chase Folk (SC Forestry Service), and Leslie Hawkins (forest stewardship biologist with the SC Department of Natural Resources). This is the group that will actually go into the area, if County Council gives us the go ahead, to decide the extent of the thinning, where it will be done, and how it will be carried out. It has not been a decided process. We are in the infancy of this as far as the actual deciding which trees or which areas will be worked.

A lot of rumors are floating around. At no time was the financial impact, good or bad, on the county discussed. Foresters and loggers, who are experts in this area, indicate this would be a very difficult, time consuming and expensive job because it is so sensitive. The financial impact may be negative. From information we received, we felt this was in the best interest of the forest. Mr. Doran asked County Council to give the committee the opportunity to go forward with its recommendation to selectively thin, which will be defined by the committee. We are trying to do what is best for the forest and the citizens of the county.

Mr. Morris stated we entrusted the Soil and Water Conservation District to manage Lynches Woods. They have done a tremendous job in studying what needs to be done and we need to honor their recommendation.

Mr. Hawkins asked if the Soil and Water Conservation District authorized the Palmetto Trail to be established.

Craig O’Dell advised that Ken Driggers with the Palmetto Foundation approached us about helping with the Palmetto Trail, and we showed them Lynches Woods. They said it would be an excellent hub for the Palmetto Trail. The Palmetto Trail is only a hiking trail. They are trying to link up the coast to the mountains. Lynches Woods was designated by them as a hub, which brings people into Newberry.

Ike Hurley, Vice-President of the ECHO student organization at Newberry College, which focuses on community service, chose cleaning up Lynches Woods as its project. He was amazed at what was in Lynches Woods and it would be a shame to lose 30% by selectively thinning. He requested that Council be very careful of what goes on and what gets taken out of the park.

Aelacia Duke, 329 Loblolly, Newberry, SC, was opposed to Lynches Woods being cut in any way. There are plenty of open office buildings around the county that could be used for an educational center and would be much more cost effective.

John Sukovich, 606 Morningside Drive, Newberry, SC, borders Lynches Woods. He was concerned about promises in the past that haven’t been kept, the lack of management, and the liability of the loggers. He was not in favor of cutting the timber and requested that if done, that adequate safeguards be put in place.

Michael Mills, 2052 St. Phillips Church Road, Newberry, SC, posed an argument for a position he had not heard; that position being from the fence. He is a professional forester, director of the Newberry County Forest Land Owners’ Association, vice-chairman of the Society of American Foresters for the State of South Carolina, and past chairman of the Enoree Chapter of the Society of American Foresters for the Newberry area. A lot of us have tried to cross a barbed wire fence and sometimes it catches you, and that is the shape we are in as the County of Newberry. We have a vast majority in favor of not doing anything, which would be the comfortable position for County Council to take. We also have a position of being proactive and managing the forest. If you selectively harvest the timber, you are mimicking nature in terms of lightening strikes, storms and bugs, and the County would reap the proceeds from it. Mr. Mills is a timber buyer who makes his profit from cutting timber, but he will not bid on Lynches Woods if it becomes available because it wouldn’t be profitable to do so.

Mike Biggs, 1226 Glenn Street, Newberry, SC, was opposed to harvesting the timber. Selective harvesting would cause an economic impact on the County.

Annette Davis stated that no matter what happens with the timber situation it has definitely been proven here tonight that we know that Lynches Woods benefits from all of us caring about it. Ms. Davis is charged with the duties from the Soil and Water Conservation District Board for the natural resource education in Newberry County. She asked for everyone’s support in helping her educate the general public about the importance of our natural resources. She needs volunteers to support her efforts in working with conservation, and would be taking names and addresses of everyone to sign up and help her teach the children at Camp Conservation in Lynches Woods during the summer.

Mr. Hawkins advised that if the teachers had not heard of Project Learning Tree, he would be glad to furnish them with information to help their students learn about where wood comes from and the paper we use every day.

There being no further comments, Mr. Hawkins declared the public hearing closed.

Mr. Waldrop moved to postpone second reading of the ordinance for further information; second by Mr. Summer.

Mr. Summer stated the ordinance says to authorize selective cutting but there is no plan. The Soil and Water Conservation District does a good job in the day-to-day management of the park but this is not about the daily management of the park. This is about a policy. What is the policy of Newberry County Council to Lynches Woods? Is it going to be a timber management park? Is it going to be a recreation park? Is it going to be a precious jewel of nature? That is a policy that County Council has to decide. We are asked to approve this and hope that this committee will do a good job. The taxpayers and voters of this County don’t expect us to hope on this committee to do a good job. It’s too important. If we decide to move forward with the project, we need to know a detailed logging plan, and we need to have every one of you to come back in and give us your opinion before moving forward.

Mr. Caldwell advised he would vote in favor of not touching the timber.

Mr. Baker stated the County owns Lynches Woods, but he heard some things tonight that made him think we have got to walk the trails and ride the roads. We can’t do that because we don’t have the manpower for that. Somebody has to tell us if there is a problem.

Mr. Summer disagreed with Mr. Baker. Newberry County does not own it; the people own it. We are just up here representing the people.

Mr. Morris said people talked about maintenance issues. It takes money to take care of these things. A lot of people don’t want property taxes to go up. This County has one source of income and that is property taxes. How do you propose we fund what you want done in Lynches Woods? If there is a miracle answer, we would like to hear it.

Mr. Waldrop felt the educational center could probably be put out there in front but he had concerns with the USDA since a lot of people go there and a big sign would have to be erected to let people know where to go since the office would be in the woods and not on a main road.

George Kinard asked why some of the sales tax money couldn’t be used for Lynches Woods. Mr. Hawkins advised that would have to be done by the voters on the next go-round on the sales tax money. Mr. Morris stated we may not have that option the next time.

There being no further discussion, Mr. Hawkins called for the question on the motion to postpone second reading. Vote was unanimous.

Mr. Summer requested another public hearing if this issue comes up again.

Mr. Hawkins requested a short break.

[BREAK 9:10 P.M. – 9:29 P.M.]

2. An Ordinance authorizing the issuance and sale of not exceeding $600,000 bond anticipation notes of fixing the form and details of the notes; authorizing the Administrator of the County to determine certain matters relating to the notes; providing for the issuance of $600,000 General Obligation Bonds of the county to provide for the payment of the notes; providing for the disposition of the proceeds of the notes; and other matters relating thereto.

Mr. Hawkins advised that because the amount changed from $500,000 to $600,000, a second public hearing will be held on March 15, 2006.

Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.

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

3. An Ordinance to amend the text of the Newberry County Zoning Ordinance No. 12-24-01 so as to amend Article 9 to further regulate the height and setbacks of billboards and the size of certain illuminated signs, and to amend the definitions found in Article 1 by adding Section 108.5.

Mr. Morris moved for first reading; second by Mr. Dawkins.

Mr. Summer asked why this was necessary.

Anne Peters, Zoning Administrator, advised that this amendment was initiated by Mr. Sossamon. He suggested that they be moved for every proportional amount that the square footage of the billboard be twice that square footage away from the edge of the right-of-way. It won’t eliminate billboards but will make it much more difficult to have them erected.

Mr. Morris said Senator Cromer urged that we do something. Both the House and the Senate have passed billboard legislation. If we had to tell someone to take a billboard down because of a public need, the way the legislation is written we don’t pay them for the cost of the billboard; we pay them also for their future earnings potential out to some date in the future. They exempted DOT from that. DOT only pays them for the actual cost of the billboard. If we don’t do something to regulate billboards now, we may potentially have our hands tied in the future, and it may cost us a lot of money to have a billboard taken down if this legislation passes.

There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.

4. Committee Reports.

Mr. Baker reported that the Airport now has fuel available. There will be no new runway until after the FAA approves new funding and approves the runway. Most of the trees scheduled to be cut have now been cut.

5. Appointments.

No appointments.

6. Roadway Improvements to 46 acre site for Newberry County.

Mr. Morris moved to accept the low bid of Satterfield Construction Company in the amount of $258,941.30; second by Mr. Baker.

Mr. Dawkins asked where the money would come from. Mr. Hawkins advised that the company putting in the landfill agreed to pay $100,000 plus $55,000 toward the road with the remainder coming out of Public Works Sales Tax funds.

There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.

8. Requests from Newberry Rescue Squad and Pomaria Rescue Squad.

Lewis Lee presented the following requests:

1. Newberry Rescue Squad has a 1976 Ford. All that is left of it is a chassis sitting in a field. They bought it originally and would like to get it back to sell the junk parts. We do not have a title. It is nothing but a junk chassis.

2. Pomaria Rescue Squad bought a 1979 Chevrolet, which was deeded over to the County, several years ago. When they got their new squad truck, they were allowed to give the 1979 to Chappells to use until such time as County Council purchased a truck for Chappells. Chappells got their truck in the last budget year. The 1979 is now back at Pomaria, and they request that County transfer title to them so they can dispose of it.

Mr. Dawkins moved to sign the two vehicles over to Newberry Rescue Squad and Pomaria Rescue Squad to sell for whatever they can get for them; second by Mr. Morris. Vote was unanimous.

9. Adoption of Budget Calendar.

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

Executive Session.

Mr. Hawkins requested a motion to go into Executive Session on a contractual matter to interview an attorney who specializes in construction law. Mr. Pope and Mr. Baker will not be allowed in that meeting. When that is finished, we have a contractual matter to discuss concerning Carter Goble Lee, and an economic development matter.

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

[EXECUTIVE SESSION 9:40 P.M. – 10:39 P.M.]

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

Mr. Morris moved to retain the services of Frank Smith to represent our interest in the problem with the Sheriff’s Office on an hourly basis; second by Mr. Dawkins.

Mr. Baker abstained from voting.

Mr. Hawkins advised that if the motion passed all future questions from anyone would be directed to him and Council would not make any more public comments. Mr. Morris stated that should apply to all comments by all parties. Mr. Hawkins hoped all were on the same team and any public comments by anyone involved would cease.

Mr. Hawkins called for the vote. Voting for the motion: Councilmen Hawkins, Waldrop, Caldwell, Summer, Dawkins and Morris. Mr. Baker abstained. Motion passed by majority vote.

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

Meeting adjourned at 10:42 P.M.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council