NEWBERRY COUNTY COUNCIL

MINUTES

MARCH 22, 2005

The Newberry County Council met on Tuesday, March 22, 2005, at 7:30 p.m. for budget hearings.

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

Debbie S. Cromer, Finance Director

Representing the news media were:

Newberry Observer – Cindy Pitts

WKDK – Heather Hawkins

Whitmire News – no representation

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. Dawkins had the invocation followed by the Pledge of Allegiance.

ADDITIONS, DELETIONS AND ADOPTION OF AGENDA

Mr. Hawkins moved the 8:30 presentation (Tucker Taylor) to 7:40 and the 7:40 presentation (Susie Berry) to 8:30.

Mr. Sossamon requested to add discussion of the Whitmire Carver School project.

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

Mr. Dawkins moved to resolve into a Committee of the Whole to hold budget hearings with the committee to be chaired by Council Member Henry Summer, who chairs our Budget Committee; second by Mr. Waldrop. Vote was unanimous.

J.F. HAWKINS/SPRINGFIELD PLACE: Dennis Caldwell requested a 2% raise for employees, 2 leased vans and some equipment for an increase of income and expenses of approximately $200,000. He also requested an increase to cover some expenses owed Newberry County Memorial Hospital.

Capital items that need attention are as follows: shingles, heating and cooling, plumbing, basement, smoking area for residents, paving and the entrance to the nursing home

NEWBERRY COUNTY LIBRARY: Tucker Taylor asked for a 5% increase; however the new library will bring about additional increases such as additional employees. She also asked that the employees of the library be given the same increases as the other county employees.

PLANNING/ECONOMIC DEVELOPMENT: Teresa Powers advised that the Building and Zoning Departments budgets were basically the same as last year.

The Flood Department requests capital outlay for a vehicle. Right now the Flood Department is using one of the Building Department vehicles; however, once the second building inspector is certified, that vehicle will no longer be available for use by the Flood Department. Other increases in the Flood Department include waste water issues, which will require on-site visits.

Ms. Powers requested $10,500 for part-time personnel to assist in both the Economic Development Department and the Flood Department. She also requested an increase in the consulting and technical line item to help cover the marketing needs and the technical assistance needed on properties.

The Building Department is essentially self-sufficient, and the Zoning Department is moving toward that direction. Tom Brooks is doing a lot of work in grant writing and will take over storm water management as well as the flood management.

PREVENT CHILD ABUSE: Paul Teeple, Director for Midlands Prevent Child Abuse, and Angela Hartwell, Parent Aid Coordinator. Approximately 87 adults and children were served in Newberry County during 2004. Mr. Teeple requested consideration for ¼ of the cost of the salary only of the person working in Newberry County; ¾ of the cost is paid through contracts with the Department of Social Services.

PIEDMONT TECHNICAL COLLEGE: Dr. Lex Walters and Pat McGehee. Dr. Walters presented Piedmont Tech’s request in the amount of $276,188.

NEWBERRY COUNTY COUNCIL ON AGING: Lynn Stockman requested $47,500, which is a $38,500 increase in the base funding and $9,000 to provide a match for a new vehicle they will receive through SCDOT funding.

[BREAK 8:44 P.M. – 8:55 P.M.]

ASSSESSOR: Susie Berry requested the following positions in her department: GIS Technician, Field Appraiser and Clerk. She has no one in her department with the technology to keep up the GIS maps. Also, her staff has not increased since 1984 although she was given a part time employee in 1996 who works 9 hours a week. Additional money has been placed in contracted maintenance for a new appraisal package.

There being no further budget hearings, Mr. Summer moved to return to regular session from the Committee; second by Mr. Morris. Vote was unanimous.

Mr. Baker recused himself while Council discussed the Whitmire Carver School project because of a prior declaration of his company’s interest in the contract.

The Department of Commerce grant was $371,753 with a $37,500 local match from the County, which is what the project was anticipated to cost. The low bid came in at $679,900, which was negotiated down to $630,000. We then found out the architect could not get involved in abatement of the lead base paint or the asbestos. We obtained estimates on that which added another $50,000 to the project. Our Building Inspector looked at it and discovered that at least 25% of the insulation for the roof is wet; he found mold problems, and to do that radiation work would add another $20,000. The total construction costs would go from $630,000 to an estimated $700,000. Mr. Sossamon received a letter today from the Department of Commerce denying our request for additional funding. With the $371,753 grant, it would take an additional $330,000 to complete construction. In a letter received today from Robin Cooley with Central Midlands Council of Governments she recommended that Newberry County return the grant funds to the Department of Commerce. She indicated it may be possible for the county to move forward with the project and successfully complete it, but it would come at a large expense to the county in funding and would likely result in the denial of the Helena application. Mr. Sossamon recommended returning the money for the Whitmire project.

Mr. Dawkins moved to drop the project and return the money to the Department of Commerce; second by Mr. Waldrop.

Mr. Morris asked if we returned the money, would it have any adverse affect on Newberry County in the future. Mr. Sossamon indicated that was his understanding. After additional discussion, Council requested that Mr. Sossamon obtain clarification from Ms. Cooley.

Mr. Dawkins withdrew his motion.

EXECUTIVE SESSION

Mr. Dawkins moved to go into Executive Session to discuss a legal matter. Vote was unanimous.

Mr. Hawkins requested that Susie Berry, Assessor, remain for Executive Session.

[EXECUTIVE SESSION 9:15 P.M. – 11:07 P.M.]

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

Mr. Pope reported that Council discussed some legal issues about the reassessment process with the County Assessor, and reviewed some statutory provisions that apply to the appeals process. A form has been used in the Assessor’s Office that has been passed around from other Assessor’s offices over the State that may contain some incorrect information about the appeals process. Anyone who thinks they have a problem with the reassessment of their property will be encouraged to contact the Tax Assessor and ask for an informal conference with her staff and discuss the method she used to arrive at the value of their property and if they disagree with it what they can do to show that their property has a different value. The next step of the appeal would be a formal conference with the Tax Assessor. If that doesn’t work, they can then appear before the Board of Assessment Review for a hearing and to present evidence. That is the last resort at the County level before going to the Administrative Law Judge for an appeal. There was a form that was used that gives incorrect information. No one is required to have an appraisal in order to question the assessment of their property, but you can ask why your property was appraised a certain way and they will tell you. If the method they used appears to be correct, you would then probably have to get an appraisal or something or some evidence of why the appraisal was wrong if you are going to succeed in the reassessment appeal but you are not required to have anything to question reassessment. You simply can go in and ask that it be explained to you, and you could explain your reasons for disagreeing. There are a lot of things that the Assessor may not know about but which would come to light through a simple face-to-face conference. We are going to help her revise the form that she is using.

A person has the right to ask to see the appraisal on another similar size house in a similar neighborhood. Everything that is in the County assessment records is public information, and it may be that they would have to set up a conference to do that with someone but those records are open to the public. It is also on the web at www.newberrycounty.net.

We have not had reassessment in a while, and State law mandates that the property values be within a certain range between 80% and 105% of true market value. The State process uses a statistical model which is accurate overall from the Department of Revenue, but which may impact individual lots differently.

Mr. Dawkins moved that the filing of the appeal be extended for 15 days from May 27, 2005, advertise it in the paper and notify the citizens that they do have an additional 15 days; second by Mr. Morris. Vote was unanimous.

Mr. Dawkins moved that the Department of Revenue do a more thorough audit of the reassessment and report back; second by Mr. Baker.

Mr. Hawkins’ understanding of the motion was that the Administrator and Mr. Pope inquire into that, but not to go ahead and tell them to come until we know what it entails.

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

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

Meeting adjourned at 11:14 p.m.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council