NEWBERRY COUNTY COUNCIL
MINUTES
MARCH 21, 2007
Newberry County Council met on Wednesday, March 21, 2007, at 7:00 p.m. in Council Chambers at the Courthouse Annex for a regular meeting.
Present were: Henry B. Summer, Chairman
William D. Waldrop, Vice-Chairman
John E. Caldwell, Councilman
John David Dawkins, 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
Media: Heather Hawkins, WKDK
Cindy Pitts, Newberry Observer
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. Hawkins had the invocation followed by the Pledge of Allegiance.
1. Adoption of Consent Agenda.
Mr. Dawkins moved to adopt the consent agenda; second by Mr. Hawkins. Vote was unanimous.
2. Additions, Deletions and Adoption of Agenda.
Mr. Waldrop moved to move the public comments after item 12; second by Mr. Baker.
Mr. Dawkins moved to amend the motion to allow public comments at the end of the agenda but if someone is signing up to speak on public comments for a specific agenda item that does not have a public hearing that night to allow persons to speak at the beginning of the meeting; second by Mr. Baker.
Mr. Hawkins was opposed to moving it period.
Mr. Summer called for the question on the amendment. Voting for the motion: Councilmen Baker and Dawkins. Voting against the motion: Councilmen Summer, Waldrop, Caldwell, Livingston, and Hawkins. Motion failed.
Mr. Summer then called for the question on the motion to move public comments to the end of the meeting. Voting for the motion: Councilmen Summer, Waldrop, Caldwell, Baker and Livingston. Voting against the motion: Councilmen Hawkins and Dawkins. Motion passed by majority vote.
There being no further amendments, Mr. Waldrop moved to adopt the agenda as amended; second by Mr. Caldwell. Vote was unanimous.
1. Personal Appearances.
Mike Briggs, President of Central SC Alliance, addressed the issue of economic development in Newberry County and more particularly the proposed I-26/Highway 773 industrial park.
2. Ordinance #01-08-07: An Ordinance authorizing the issuance of not exceeding $2,400,000 aggregate principal amount of Hospital Revenue Bonds (Newberry County Memorial Hospital) Series 2007; authorizing the execution and delivery of a Loan Agreement and an Indenture of Trust; authorizing the appointment of a financial institution acceptable to the county, as Trustee; authorizing proper officers to do all things necessary or advisable; and other matters incidental thereto.
Mr. Pope advised that since second reading, a new Exhibit A has been added, and the other two exhibits have been renumbered as B and C. On the Loan Agreement one word was changed from “Schedule A” to “Exhibit A.” There was a technical correction in one paragraph on page 3.
Mr. Dawkins moved for third reading as amended; second by Mr. Baker. Vote was unanimous.
3. Ordinance #01-09-07: An Ordinance authorizing the issuance and sale of a General Obligation Bond, Series 2007, or such other appropriate series designation, of Newberry County, South Carolina, in the principal amount of not exceeding $1,700,000; fixing the form and details of the Bond; authorizing the County Administrator or his lawfully authorized designee to determine certain matters relating to the Bond; providing for the payment of the bond and the disposition of the proceeds thereof; and other matters relating thereto.
Mr. Summer called for the public hearing. There being no comments from the public, Mr. Summer declared the public hearing closed.
Mr. Hawkins moved for second reading; second by Mr. Livingston.
Mr. Dawkins stated this was originally in the budget for $8.9 million, and the budget was revisited to bring it down to $1.7 million.
Mr. Pope advised that amendments were made pursuant to Council’s instructions.
Mr. Summer called for the question for second reading as amended. Vote was unanimous.
4. Ordinance #03-10-07: An Ordinance to amend Chapter 31 of the
Newberry County Code of Ordinances so as to amend the provisions relating to
the organization of the agenda and the receiving of public comments, and the
time allotted therefor and to make certain technical adjustments to the
procedures as codified.
Mr. Waldrop moved for first reading; second by Mr. Livingston.
Mr. Dawkins couldn’t support this if it was going to cut a public comment that may affect the outcome of an agenda item by moving it to the end of the meeting.
In response to Mr. Dawkins’ concern, Mr. Pope read paragraph 4(D)(5): “The Chair, with the consent of Council, may consider amendments to an agenda for a meeting which would allow the reception of public comments on an Ordinance or resolution immediately before a vote is taken on the matter.”
Mr. Dawkins stated a citizen might not realize that they would be allowed to speak and felt it was too weak.
There being no further discussion, Mr. Summer called for the question. Voting for the motion for first reading: Councilmen Summer, Waldrop, Caldwell, Baker, and Livingston. Voting against the motion: Councilmen Hawkins and Dawkins. Motion passed by majority vote.
5. Ordinance #03-11-07: An Ordinance enacting and adopting
Supplement 2007 S-2 to the Code of Ordinances for the County of Newberry, South
Carolina.
Mr. Hawkins moved for first reading; second by Mr. Baker. Vote was unanimous.
6. Ordinance #03-12-07: An Ordinance to approve granting a
non-exclusive road right-of-way easement to Southeast Resource Recovery, LLC
across the 45.96 acre property of Newberry County which fronts on Highway 121.
Mr. Hawkins moved for first reading; second by Mr. Waldrop.
Mr. Hawkins advised that Southeast Resource Recovery, LLC contributed approximately $150,000 toward the building of this road and didn’t feel we could deny them access.
Mr. Pope advised Council authorized the County Administrator to sign an Agreement to accept the money and to give them an easement. Technically, when someone is given an easement it should be done by Ordinance with a public hearing, which was not done. This is basically a housekeeping matter to clarify the public records.
Mr. Waldrop asked if Southeast Resource Recovery understood they would be coming in on 121 and not off of Drayton Street. Mr. Pope advised that was the purpose of this.
Mr. Waldrop stated the Drayton Street entrance would be abandoned or closed. Mr. Pope said it was not stated that way but the whole purpose of this was for them to enter off of Highway 121. Mr. Waldrop wants it perfectly clear. Mr. Hawkins requested that it be amended to that extent on second reading. Mr. Pope will clarify that with Southeast Resource Recovery, LLC.
There being no further discussion, Mr. Summer called for the question. Vote was unanimous.
7. Adoption of Resolution #05-07
setting forth the goals and objectives established by County Council for 2007.
Mr. Dawkins moved to adopt the Resolution; second by Mr. Baker. Vote was unanimous.
8. Committee Reports.
No committee reports.
9. Appointments.
Mr. Summer recommended for appointment to the Board of Zoning Appeals John Epting.
Mr. Hawkins recommended the re-appointment of Dwight McDuffie to the Planning Commission.
There being no further nominations for appointment, Mr. Dawkins moved to accept the nominations; second by Mr. Waldrop. Vote was unanimous.
10. Approval of nomination of Larry
Dehart to represent the Agricultural Sector on the Citizens Advisory Committee.
Mr. Caldwell moved to approve the nomination; second by Mr. Baker. Vote was unanimous.
11. Consideration of letter of intent to
withdraw from the Insurance Reserve Fund.
Mr. Adams explained that the South Carolina Association of Counties, which is the County’s worker’s compensation carrier, has asked to provide a quote on providing tort and liability insurance as well. In order for them to be able to do that, we have to notify our current insurer at least 90 days before getting out of the Insurance Reserve Fund. The renewal date is July 1, 2007. We can, in effect, express our intent to withdraw now; wait and see if the Association of Counties provides a better more competitive quote for the service; and then if they do not we can withdraw the letter of intent.
Mr. Dawkins moved to proceed with the letter of intent to withdraw from the Insurance Reserve Fund; second by Mr. Waldrop. Vote was unanimous.
12. Expression of support for the
management of J.F. Hawkins Nursing Home and Springfield Place, and continued
ownership of these facilities by Newberry County.
Mr. Hawkins moved that the County continue with the management and ownership of J.F. Hawkins Nursing Home and Springfield Place; second by Mr. Dawkins.
Mr. Summer asked if any of the persons present wanted to address Council. The following persons spoke in support of the County’s continued management and ownership: Melvina _______, Doris Pack, Barbara Lever, Ellen Neelands, and other unidentified persons.
Mr. Livingston requested that residents of Newberry County or Newberry County resident’s parents who live out of town be given priority.
Mr. Dawkins stated if the County were not in the nursing home or retirement business, he would not vote to venture into it, but that is not the case. He felt we should continue with it as long as it takes care of itself, and it does.
Mr. Caldwell felt it was time to take care of home first, and he could not vote against supporting J.F. Hawkins and Springfield Place.
Mr. Baker said Council had to look at everything it had. We were told to look at the budget and this is part of it, and asked that the Chairman call for the question.
Mr. Summer recognized Mr. Hawkins. Mr. Hawkins stated several years ago there were problems with the quality of care was going downhill, and it would have continued to go downhill if it had been a for-profit corporation running it.
Mr. Summer stated he hoped this vote would put an end to this once and for all.
Mr. Summer called for the vote in support of the management of J.F. Hawkins Nursing Home and Springfield Place and the continued ownership of the facilities by Newberry County. Vote was unanimous.
Mr. Waldrop stated he would support it at this time. If things go south again, then another decision will have to be made.
13. Public
Comments.
Sam Martin didn’t think the decision handed down Monday by the Supreme Court regarding video poker was legal and that it would be overturned in the Federal Court. He again urged Council to put the video poker referendum on the ballot in November.
Mr. Summer read Mr. Martin’s letter into the record (no copy for permanent record):
“Dear County Council:
Monday’s unanimous decision by the South Carolina State Supreme Court has no bearing on the no property tax petition accepted by Council on February 21, 2007. No state or local court anywhere has the jurisdiction or the authority to give a ruling on a federal law. Therefore, the State Supreme Court is unqualified to give such a ruling as of last Monday.
Mulberry v. Madison one of the oldest precedents by the United States Supreme Court prohibits state and local courts from overturning any law passed by Congress. The U.S. Supreme Court stated in Mulberry that only the U.S. Supreme Court has a duty and obligation to rule on all laws passed by Congress.
The Monday ruling by the State Supreme Court against the Catawba Nations’ right to have and operate video poker machines at best is junk law. The only lasting consequence to the ruling will be that the Catawbas’ claims will be sustained in Federal Court, which will validate our claims in regard to the no property tax petition under the Fourteenth Amendment. This will also expose to the public in a glaring manner how political the State Supreme Court has become and how incompetent the South Carolina Attorney General’s Office is.
Sincerely,
Sam Martin”
Mr. Dawkins explained that several meetings ago Mr. Martin notified Council of a no property tax petition with about 5,000 signatures of residents of Newberry County who would like for it to be a referendum on next year’s ballot to allow video poker back in Newberry County to eliminate property taxes. He was not supporting video poker or the lottery one way or the other but he does support putting it on the referendum to get the citizens’ opinion. If the majority of the citizens in Newberry County would prefer video poker, whether the Supreme Court or the Attorney General says it is legal or not, the citizens have a right to voice on a referendum on a ballot whether or not it should be.
Mr. Caldwell asked if Mr. Martin had a majority of the residents’ signatures. Mr. Dawkins advised he did not but it was more than the amount needed to put it on a referendum.
Mr. Waldrop agreed that Council should consider putting it on the ballot in November and let the people decide.
Mr. Baker asked Mr. Pope who was going to notify Judge Jean Toal that it was going to be done against her will.
Mr. Pope advised the ruling was four square against video poker. The compact that the Catawba Nation signed with the State of South Carolina specifically gave up the right under the Federal Regulatory Gaming Act that they elected to be governed by all state laws relating to gambling devices. That is why federal law does not govern this case. Congress approved that agreement. The South Carolina General Assembly approved that agreement, and it is codified in state law. What the Chief Justice of the Supreme Court said was that since there is no video poker anywhere in South Carolina, the Catawbas can’t have it either because they are completely under state law. It is not a matter of federal law now because Congress has already approved all of this saying they are now under state law instead of under federal law.
If you have the referendum, you can’t do away with property tax and have illegal gambling machines in Newberry County. To begin with you can’t have that kind of referendum because it is an illegal form of referendum under two Supreme Court decisions that have already been decided. You got a situation that if you have it, you are going to waste the money having it, and then once you get it, what are you going to do with it. If the citizens approved it, what would you do with it because it is illegal.
Mr. Martin stated this would be appealed to the Federal Courts, and the Federal Court has jurisdiction over any law that has been passed by Congress. It won’t be the first time that a State Supreme Court has been overruled by Congress. Mr. Martin stated Mr. Pope may very well be right, but pointed out that since we are going to have the penny sales tax on the ballot, it won’t cost any more to put this on the ballot. Since this is going to be appealed by the Catawba Nation to the Federal Court and possibly to the U.S. Supreme Court, they have been known to overturn rulings by the South Carolina Supreme Court. Why not give the voter the right to vote on this and see what happens.
Mr. Pope advised somebody would have to certify all the names on the petition and pre-clearance from the Justice Department would have to be obtained. There is some expense in printing the ballot and having the voting machines programmed. It won’t be as much expense, but there will be some expense. The other issue is what happens if a completely illegal act is approved.
Terry Cotney apologized to the Sheriff for the cartoon in the paper that said “Where’s the meat? Where’s the mold? Where’s the management?” Mr. Cotney said that was not directed at the Sheriff, but toward the management here. He asked how long the County was going to wait to get the Sheriff back in his office.
Mr. Summer advised that our attorney is currently asking for bids on fixing the building. Mr. Adams advised qualifications would be received on Thursday from engineering firms interested in doing the work to repair the facility. Among those we will interview and Council will decide which one is the best firm to tackle that project.
Jim Hough spoke about moving the public comments to the end of the meeting. At the first of the agenda are additions, deletions and adoption of agenda. Sometimes things get added and sometimes these additions are worth having an opportunity to come up and say something about it. All citizens of the County have the right and obligation to come here and state their concerns about the County government, about ordinances that are going to be passed, and to voice opinions as far as taxation and other issues. He didn’t think they should be required to wait until after a vote is taken on something before we get to comment.
He didn’t know how Ordinance #03-10-07 read in its entirety because he had not seen it printed in the paper nor had he seen a copy to read to know exactly what it says or exactly how this will affect the rights of citizens to speak before Council on issues that are important to them. Mr. Hough asked that someone read the full ordinance. He felt they should have the opportunity to speak on any issue before Council before a vote is taken on that issue, whether it is first reading, second reading or whatever.
Mr. Summer advised that the ordinances were posted on the web page after first reading. Mr. Adams asked if Council wanted the ordinances posted on the web page before first reading. Council’s consensus was to post ordinances prior to first reading.
Mr. Pope reviewed the provisions of Ordinance #03-10-07.
Nancy Dickert thanked Council members for their support of J.F. Hawkins Nursing Home and Springfield Place.
Ruth Beevers applied to pay her taxes in two installments, but didn’t understand why it was not divided into two equal installments.
Nancy Owen, County Auditor, explained in order to try to help the taxpayers of the County to give them some sort of relief not to have to pay the full amount by January 16, she was instructed by County Council to split tax bills, which she agreed to even though the law does not allow us to do so. In agreeing to split tax bills you cannot split 50/50 tax bill or you will ruin the integrity of the tax base. You cannot divide it by two. We did not have the software. It would have taken at least six more weeks to get such software developed. Ms. Owen had to split them manually in order to maintain the integrity of the tax base of Newberry County. When you split legal residences, you have a 4% legal residence on every home in Newberry County, which means part of that school tax is reimbursed by the State of South Carolina. You also on approximately 4,000 of the 12,000 homes in Newberry County receive the homestead exemption. We are getting ready to file that reimbursement with the State of South Carolina. You cannot request the State of South Carolina to reimburse the homestead exemption on two separate notices. It has to all be on one notice so therefore as she manually split the tax bills, the homestead exemption was subtracted off the first 50% or as close to 50% as they could be split. The balance was the 50% excluding homestead exemption, and that is why the second bill was higher. When people came in to pick up their splits, they were given two notices. Ms. Owen personally handwrote on each of them “pay this amount by certain date” and circled it. She had pay by March 16 on the second notice. When they received those two notices, it showed what amount was due at that point in time.
Mr. Adams said it sounds simple to split a bill in half, and he understood folks not appreciating the exemptions and credits involved and how the County gets reimbursed for those. If it was as simple as that, Ms. Owen would have done it, and it would have been a whole lot easier. She did all 2,000 because she wanted to get them right and make sure the County got its reimbursement from the State and that the taxpayers were treated as fairly as possible. Mr. Adams asked that people appreciate the fact that Ms. Owen did do them manually and it took a heck of a long time to do it because she was here late some nights.
Future Meetings.
Next regular meetings were April 4 and 18, 2007.
Budget Work sessions are April 23, May 1, June 5 and June 12, 2007.
Special Council meeting on May 30 for the budget public hearing.
Comments from the County Administrator.
Mr. Adams will begin interviewing department heads tomorrow concerning their budgets.
Comments from Council Members.
Mr. Dawkins stated that the decision of how to split the tax bill in order to give the citizens a break was not Ms. Owen’s decision. As she stated, she did exactly what this Council directed her to do.
Mr. Waldrop asked when a Council Member could ask to have a referendum put on the ballot. Mr. Pope advised it depended on what the question was. Mr. Waldrop asked if it was a county owned business they wanted to sell, could it be put on the ballot to let the people vote whether to sell it or keep it, such as the nursing home or retirement center. Mr. Pope advised the referendum question would have to be to the State Election Commission by August 6 or 15th. If it involves anything that would involve pre-clearance with the Justice Department, you would need to take that into consideration. You would have to have three readings, a public hearing and it would have to be a proper subject for a referendum. Assuming it is a proper subject, then you would have to give the formulated question to the Election Commission by the middle of August of this year.
Mr. Waldrop felt we should consider that during the budget process and even though our Auditor was there to discuss Springfield Place, he never got a real understanding if we were holding our head above water or not. The facility was refinanced and we got two awards. The people ought to have a right to vote as to whether they would like to have a facility like this in the County.
Mr. Pope’s understanding was that if the financial progress continued until next year, he would probably be able to move that qualification on the audit report.
Mr. Summer echoed the hard work all the county employees had done, particularly the Treasurer’s Office and Auditor’s Office, over the past few months.
Adjournment.
Mr. Waldrop moved to adjourn. Mr. Summer declared the meeting adjourned at 8:40 p.m.
NEWBERRY COUNTY COUNCIL
_________________________________
Henry B. Summer, Chairman
_________________________________
Susan C. Fellers, Clerk to Council
APPROVED: April 4, 2007