NEWBERRY COUNTY COUNCIL

MINUTES

FEBRUARY 16, 2005

The Newberry County Council met on Wednesday, February 16, 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., County Administrator

Gary T. Pope, County Attorney

Susan C. Fellers, Clerk to Council

Representing the news media were:

Newberry Observer – Jim Murray

WKDK – Heather Hawkins

Whitmire News – Cassie Fowler

As required by law, notice of the meeting was duly advertised.

OPENING OF MEETING

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

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

ADOPTION OF CONSENT AGENDA

Mr. Caldwell moved to adopt the consent agenda; second by Mr. Baker. Vote was unanimous.

ADDITIONS, DELETIONS AND ADOPTION OF AGENDA

Mr. Dawkins requested that Agenda Item 11 be deleted and put on the agenda for the next Council meeting.

Mr. Hawkins requested the addition of an Executive Session to discuss two personnel matters and one economic development matter.

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

PUBLIC COMMENTS

Edyce Darr, 319 Blackberry Lane, requested an explanation of the Solid Waste Management Plan and the Noise Ordinance. Mr. Hawkins suggested that she wait until Council has the discussion.

Elsie Fields requested that she be put in the right place.

Steve Metts asked to hold his comments until they discussed the Pomaria landfill site.

Mr. Dawkins stated Senator Cromer, who was requested to be here by some of his constituents, said he was in a senate lockdown tonight and would not be able to here.

THIRD READING ORDINANCES

1. An Ordinance adopting a revised Solid Waste Management Plan pursuant to §44-96-80 of the 1976 SC Code of Laws.

Mr. Pope reviewed the following amendments as follows:

Options were taken out and as far as a C&D Landfill, we have recognized that the Southeast Resource Recovery Industrial Waste Landfill located west of Brown Chapel Road is permitted by DHEC under order of the Supreme Court and to accept C&D waste. Newberry County plans to utilize this facility for the disposal of C&D waste generated in Newberry County. Construction of this facility was commencing at the time this report was being prepared and is going on now. This facility is located in Helena, west of Newberry. This should handle our C&D waste needs for 20 years, which is the planning period. It provides that in case the establishment of a long term C&D landfill is deemed consistent with this plan by DHEC or by a Court, the C&D landfill conditions contained in Appendix F will be required. This plan provides that either the waste will go to Helena or it will go to the Transfer Station, as it is now, and to no other place. If somehow a Court should do an end run around that, then we have additional provisions that provide that if there is any kind of C&D landfill, it would have to be a 250 foot buffer around the perimeter. It would have to be a host fee of $1.75 a ton paid to Newberry County. They would have to have scales at the facility. They would have to accept 1,000 tons of waste per year from Newberry County Government free of charge. It has height limitations and some other things. The County would have the right to audit the records and inspect the operation and to minimize the generation of dust from any entrance road. This is done in case the Courts somehow say that some landfill should be permitted in Newberry County that is a C&D landfill but the Plan itself says it will go to either Helena, which has already been permitted by the State Supreme Court, or it will go to the Transfer Station, and those are the only two places, but out of an abundance of caution, if the Court should rule that some other C&D landfill could legally be established in Newberry County, then our Plan provides they will have to meet these additional requirements. We are hoping that will never happen, but with the Court system the way it is, there is no way to tell. We have put in protections in case the Courts get involved. The Pomaria landfill would not be permitted under this Solid Waste Plan. It would either be in Helena, which has already been permitted, or it would go to the Transfer Station, which is where it has been going ever since it was established.

There are some technical changes, and the consultants are here tonight to explain any technical changes.

Mr. Baker asked about page 32, under recycle, the “n/a”, is that not supposed to be consistent instead of “n/a”? Fred Sebasta, with B. P. Barber, stated the recycling facility is a non permitted facility so it is not subject to consistency under this Plan. Mr. Sossamon added the DHEC regulations do not really address it as being consistent or inconsistent so therefore the third category is that it is not applicable.

Mr. Morris stated page 11, last paragraph under 4.2, should be clarified to read “curbside collection in the City of Newberry.” Also, Appendix F, #12, the entrance way should be a serpentine drive.

Mr. Dawkins asked if this would have any affect on Pomaria. Mr. Pope stated Pomaria was not a part of this Plan. This Plan provides we would have a C&D landfill in Helena or it would go to the Transfer Station, but that is it. The Helena landfill has already been permitted by order of the State Supreme Court. It has capacity, and we have no control over it so you have the option of recognizing something that has already come to pass or continuing to send it to the Transfer Station.

Mr. Waldrop asked if the County planned to contact this company about taking the County’s waste. Mr. Pope stated that was his understanding.

Mr. Morris moved for third reading; second by Mr. Baker.

Ms. Darr asked if this would affect Pomaria. Mr. Hawkins stated we have been advised by DHEC, the County Attorney and the Consultants that should we lose in Court, then these more restrictive provisions would apply when they go to DHEC to get their permit, but it is up to the Courts.

Ms. Darr stated the 250 feet wouldn’t come close to providing an adequate noise barrier. Mr. Hawkins stated no one was pretending it was going to be a noise barrier. This 250 foot forested buffer would be a sight barrier.

Mr. Hawkins advised the people living close to Drayton Street that a lot of work has been done in the last two weeks to see what can be done. We don’t need the traffic on that street in a residential neighborhood. If we can get another way out, we are going to do it. A lot of discussion and negotiations are going on to lessen the impact of what is going to happen with that landfill.

Edyce Darr and Roger Eargle expressed concern about noise if a landfill were to come.

After additional exchanges between the audience and Council, Mr. Hawkins called for the question. Voting for third reading: Councilmen Hawkins, Summer, Dawkins, Morris and Baker. Voting against third reading: Councilmen Waldrop and Caldwell. Motion passed by majority vote.

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

Mr. Waldrop moved for third reading; second by Mr. Caldwell. Vote was unanimous.

3. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel Nos. 654-12 from Single Family Residential (RS-1) to a Planned Development District (PD).

Mr. Hawkins called for the public hearing.

John P. Johnson with Power Engineering Company and Tri-Star Land Company, the developers of the property, stated an all weather access to the owner of the interior lots would be provided.

Steve McNeil signed up but said Mr. Johnson had just answered his question.

Ruth Boozer, who signed up, passed.

Edyce Darr asked if the development would include an area of beach access. Mr. Johnson stated there was no beach access in the plans.

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

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

4. Noise Ordinance.

Mr. Hawkins called for the public hearing.

Danny Cromer asked for clarification of “loud”. Mr. Hawkins said if the Sheriff tells us it can be enforced, he will vote for it.

Sheriff Lee Foster said it would be based on the totality of the circumstances, based on the observations of the complaining party and any observations of the investigating officer. It would also be based on past histories, past calls, and the legitimacy of the calls. If a charge is made, it is up to a judge and jury to decide whether it would meet the standard of the law. The officer would only determine probable cause sufficient enough to make a charge.

Edyce Darr suggested the word “noise” be changed to public disturbance. Sheriff Foster said it was a subjective word, and the only way to be objective with it would be if you would set parameters on the noise through decibel levels and other scientific means. This ordinance addresses consistent and constant noises.

Roger Eargle suggested that Section 6(d) be removed from the ordinance.

Mr. Pope stated the Sheriff told him it was extremely hard to use an electronic meter because there are some noises that while disturbing and obnoxious, do not register on the meter at the level you would think. Noises like a train going by register very high, but they are part of our daily life. The Supreme Court has said that this measure of reasonableness is acceptable under our judicial scheme. They will leave it up to a jury to determine what is reasonable and what is unreasonable if the Ordinance is drawn properly. This deals with the totality of the circumstances, the intensity of the noise, the time of day, the reasonable expectation of the people in that particular neighborhood.

Mr. Hawkins asked Mr. Pope about taking out the exemption for solid waste disposal. Mr. Pope said to leave in recycling, but if you wanted to take out solid waste disposal, it wouldn’t hurt the ordinance.

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

Mr. Baker moved for third reading; second by Mr. Dawkins.

Mr. Summer moved to strike out any “solid waste disposal” from the ordinance; second by Mr. Morris. Vote was unanimous.

Mr. Hawkins called for the question for third reading as amended. Vote was unanimous.

FIRST READING ORDINANCES

5. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel No. 691-1 from Rural (R-2) to Light Industrial (LI).

Mr. Morris moved to deny the Ordinance as written because it doesn’t reflect the action taken by the Planning Commission.

Mr. Pope stated that was on the official staff report provided; that they approved the first part but did not approve the other. There was a clarification of the minutes last night. There had been a motion by Chad Hawkins to table it or postpone it. That motion was not entertained by the Acting Chairman, Mr. Boland, and then the motion was 11 to 1 to deny it. Unfortunately, the report received by Mr. Pope did not have official action one way or the other, but the clarification last night was that it was denied. The report given to Mr. Pope said it was denied but the staff had said it could be recommended if certain things were done. It was denied. We spent quite a bit of time today going over the minutes trying to figure out what had happened.

Ms. Peters stated the amended minutes read that the Planning Commission does not recommend it.

Mr. Morris moved to agree with the Planning Commission and not rezone; second by Mr. Baker. Vote was unanimous.

Mr. Waldrop moved to take a break.

[BREAK 8:35 P.M. – 8:45 P.M.]

RESOLUTIONS

6. Resolution authorizing Newberry County to execute an Agreement with Newberry College to operate education and government access channels on the cable system in the County of Newberry.

Mr. Dawkins moved to adopt Resolution; second by Mr. Morris. Vote was unanimous.

COMMITTEE REPORTS

7. Committee Reports.

No reports.

APPOINTMENTS

8. Appointments:

A. Airport Commission: District 5

B. Newberry County Recreation Commission: District 3:

No appointments.

ACCEPTANCE OF BIDS

9. DSS Building Repair:

A. Metts Construction - $158,857.72

Mr. Morris moved to accept the bid of Metts Construction in the amount of $158,857.72; second by Mr. Caldwell.

Mr. Baker asked for an explanation as to “If any Unsuitable Soils are required to be removed and replaced, work shall be done at a unit price base of $20.00 per cubic yard.” There is nothing but unsuitable soil, and he was concerned as to where this bid would stop.

Mr. Dawkins stated this project was bid out twice and we never got a bid the first time. Mr. Baker stated this was crawfish land. There is no bottom to it. If you look on the rear where the trash truck is picking up, he has ruts about two feet deep, and that is the cause of it.

Mr. Baker moved to postpone acceptance of the bid until it can be clarified; second by Mr. Morris. Vote was unanimous.

10. Chappells Rescue Squad Truck:

A. Peach State - $85,660.00

B. Custom Works - $77,103.00

Mr. Dawkins moved to accept the bid from Custom Works in the amount of $77,103; second by Mr. Baker. Vote was unanimous.

11. Whitmire Rescue Squad Truck.

Deleted.

12. GIS Cadastral Mapping Project:

A. Spectrum North Carolina, LLC - $405,886.17

B. B.P. Barber & Associates, Inc. - $474,357.40

C. Spatial Engineering, Inc. - $286,324.00

Mr. Pope stated we had a bid price and then factors that had to be evaluated for each bidder and then you computed a value per dollar based on the formula. Spectrum North Carolina, LLC had the greatest value per dollar of the three people who submitted proposals. They are extremely well qualified. Spatial Engineering lacks ample staff and experience in county mapping to give us confidence and because of that we rated them at 55 points. When you did the value calculation, they didn’t come in. The two qualified bidders are B.P. Barber and Spectrum. B.P. Barber does not have direct experience in county GIS parcel mapping. They do through their sub-contractor, but not themselves. They have a lot of GIS experience but not this specialized experience, and their score was reduced slightly because of that. Their sub-contractor is well qualified, but their price is almost $70,000 higher than Spectrum. Based on the formula we had of value per dollar, Spectrum came in as the greatest value per dollar, and they are very well qualified to do the work.

Mr. Waldrop moved to accept the bid of Spectrum in the amount of $405,886.17; second by Mr. Morris. Vote was unanimous.

OTHER MATTERS

13. Newberry Water and Sewer Authority – Arnold Lingle

Request for funding – water line Boinest Road.

Arnold Lingle requested Council to consider advancing funds for the materials in the amount of $42,800 until such time as the extra funding from the 1998 one cents sales tax is available at which time the money will be returned to the County.

Mr. Waldrop moved to loan $43,800 to the Water and Sewer Authority for the Boinest Road project; second by Mr. Morris. Vote was unanimous.

EXECUTIVE SESSION

Mr. Morris moved to go into Executive Session. Vote was unanimous.

[EXECUTIVE SESSION 8:54 P.M. – 9:20 P.M.]

Mr. Baker moved to return to regular session. Vote was unanimous.

Mr. Hawkins announced the purpose of Executive Session was to discuss two personnel matters and one economic development matter.

13.1 Personnel Matter (2)

13.2 Economic Development Matter

Mr. Pope announced that Edgar Baker is a principal owner of W.E. Baker and Son, Inc. They were a bidder on the Carver School project. Mr. Baker has signed a disqualification and recusal which states he will have no participation in any matter relating to that bid, the award of that bid, the administration of that contract or any decision making activities relating to that project. This is required by the State Ethics Act and by the rules that govern County Council. If there is an apparent conflict of interest, it has to be disclosed. At such time as that comes before Council, he will not be participating. The rules require that we make a public announcement of the interest he has in the bidder, which was the low bidder of the contract. The contract has not yet been awarded. We have to ask for an exemption from the State to allow the bid to be awarded to him if that is Council’s pleasure, but Mr. Baker will not be participating in any deliberations relating to that in any way, shape or form.

FUTURE MEETINGS

14. County Council Planning Retreat: February 26 & 27, 2005, 9:00 A.M.

Conference Room, Courthouse Annex

15. County Meetings: March 2, 2005, 7:30 P.M.

March 16, 2005, 7:30 P.M.

16. Budget Hearings: March 21, 22 & 23, 2005, 7:30 P.M.

Council Chambers

17. Budget Workshops: March 28 & 30, 2005, 7:30 P.M.

April 4, 2005, 7:30 P.M.

Council Chambers

COMMENTS FROM COUNTY ADMINISTRATOR

No comments.

COMMENTS FROM COUNCIL MEMBERS

Mr. Waldrop announced that Cindy Pitts’ mother died, and asked that we keep her in our thoughts.

Mr. Baker commended Duck Wheeler and Ron Lilly with the Public Works Department who took it on their own to pick up trash.

VOTE FOR ADJOURNMENT

Mr. Morris moved to adjourn; second by Mr. Baker. Vote was unanimous.

ADJOURNMENT

There being no further business, the meeting adjourned at 9:25 p.m.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council