NEWBERRY COUNTY COUNCIL

MINUTES

APRIL 2, 2008

 

 

The Newberry County Council met on Wednesday, April 2, 2008, at 7:00 p.m. in Council Chambers at the Courthouse Annex, 1309 College Street, Newberry, SC, for a regularly scheduled meeting. 

 

Present were:            Henry B. Summer, Chairman

                        William D. Waldrop, Vice-Chairman

                        John E. Caldwell, Councilman  (arrived at 7:10 p.m.)

                        Mike Hawkins, Councilman

                        John David Dawkins, 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

 

Press:               Cindy Pitts, The Newberry Observer

                        Heather Hawkins, WKDK (arrived at 9:00 p.m.)

                       

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

 

  1. Personal Appearances:
    1. Proclamation for National Safe Kids Week – Dianne Dillingham, Newberry County Memorial Hospital.

 

Diane Dillingham with Newberry County Memorial Hospital, who is the sponsoring agency for safe kids, requested that Council proclaim April 26-May 4 as Safe Kids Week.   

 

Mr. Livingston moved to adopt the proclamation; second by Mr. Baker.  Vote was unanimous among members present.  (Councilman Caldwell absent)

 

    1. Harvest Hope Food Bank – Shelvy Ham, St. James AME Church

 

No show.  (The Clerk to Council received a call on Thursday, April 3, advising that Ms. Ham had a death in her family and was therefore unable to attend the meeting on April 2.)

 

 

 

 

  1. Additions, Deletions and Adoption of Agenda.

 

Mr. Summer requested that agenda item 9 be deleted and that second reading of agenda item 6 be postponed until Council can schedule a work session.  Council will allow persons to speak on this who signed up. 

 

There being no further amendments to the agenda, Mr. Livingston moved to adopt the agenda as amended; second by Mr. Baker.  Vote was unanimous among the members present.  (Councilman Caldwell absent)

 

  1. Ordinance #03-05-08:  An Ordinance enacting and adopting Supplement 2008 S-4 to the Code of Ordinances for the County of Newberry, South Carolina.

 

Mr. Hawkins moved for third reading; second by Mr. Baker.  Vote was unanimous among the members present.  (Councilman Caldwell absent)

 

  1. Ordinance #03-07-08:    An Ordinance acting on a request to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01, codified in Chapter 153 of the Newberry County Code of Ordinances, so as to rezone two tracts containing a total of 2.5 acres designated as TMS Parcel Nos. 583-23 and 583-33, from Rural (R-2) to Limited Commercial (LC).  [property located on Macedonia Church Road, Prosperity.  Planning Commission recommended approval.]  NOTE: Under the new format of adopting zoning ordinance changes, Council must make separate determinations on four relevant items  listed below at some point prior to third reading.

 

Mr. Summer asked Mr. Pope to explain the new ordinance format.  Mr. Pope said there were questions whether Council rubber stamped ordinances in the format presented, and the sentiment was expressed that Council would like to have the question presented to it and have a choice.  If Council is in favor of it, it would make a determination to accept all recommendations of the Planning Commission. 

 

    1. Public Hearing.

 

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

 

    1. Determination as to whether rezoning request does/does not promote implementation of the Comprehensive Plan and whether it is/is not consistent with the development of planned commercial uses within the requirements of the Zoning Code.
    2. Determination as to whether the rezoning request will have a positive/neutral/negative impact on the orderly commercial growth and development of the area.
    3. Determination as to whether traffic patterns will/will not be adversely affected by the change in zoning.
    4. Determination as to disapproval/approval/approval with amendments of rezoning request.
    5. Third Reading.

 

Mr. Hawkins asked if Mr. Pope suggested that Council find that it meets all four conditions in order to vote yes.  Mr. Pope said the simplest way is to simply vote to accept the recommendations of the Planning Commission, if Council is so inclined.  Mr. Pope was asked to prepare an ordinance that gave Council a choice and Council would not simply rubber stamp what had been presented, but would make these independent determinations.   

 

Mr. Summer said the Planning Commission recommended that Council approve it. 

 

Mr. Dawkins moved to approve and that (a) through (e) would be the recommendations of the Planning Commission.  Mr. Summer added this would be third reading.  Second by Mr. Hawkins.  Vote was unanimous.

 

  1. Ordinance #03-08-08:    An Ordinance acting on a request to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01, codified in Chapter 153 of the Newberry County Code of Ordinances, so as to rezone two tracts containing a total of 4.05 acres designated as TMS Parcel No. 445-10 (2.24 acres) and a portion of TMS Parcel No. 445-18 (1.81 acres), from General Residential (RG) to General Commercial (GC).  [portion of Bill White’s Trailer Park.  Planning Commission recommended approval.]  NOTE: Under the new format of adopting zoning ordinance changes, Council must make separate determinations on four relevant items  listed below at some point prior to third reading.
    1. Public Hearing.

 

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

 

    1. Determination as to whether rezoning request does/does not promote implementation of the Comprehensive Plan and whether it is/is not consistent with the development of planned commercial uses within the requirements of the Zoning Code.
    2. Determination as to whether the rezoning request will have a positive/neutral/negative impact on the orderly commercial growth and development of the area.
    3. Determination as to whether traffic patterns will/will not be adversely affected by the change in zoning.
    4. Determination as to disapproval/approval/approval with amendments of rezoning request.
    5. Third Reading.

 

Mr. Livingston moved to approve the recommendation of the Planning Commission; second by Mr. Dawkins.  Vote was unanimous.

 

Mr. Pope asked if third reading was also being given to the ordinance.  Mr. Summer said it was.  Mr. Pope asked if this was a combination motion.  Mr. Summer said yes.

 

  1. Ordinance #03-06-08:    An Ordinance amending Chapter 153 of the Newberry County Code of Ordinances setting forth special conditions for the use of the recreational vehicles, and for other matters related thereto.

 

Keith Sperry and his family are property owners in Windmill Landing, who use motor homes on the lots on weekends.  He asked Council to review the documentation he presented to them (no copy for the permanent record) instead of broadcasting that this subdivision is better than the City people who are not allowed to have recreational vehicles in their yards.   

 

Kevin Garrison, attorney for Sperry family, said the restrictive covenants for Windmill Landing or Summerset Bay, item 12, specifically states that one professionally manufactured recreational vehicle or travel trailer shall be allowed for temporary weekend or vacation use only.  Said vehicles may not be used for permanent housing and must be removed after a maximum of 7 consecutive days.  Said vehicles or trailers may not be used as housing during construction of a dwelling.  Recreational vehicles or travel trailers are subject to towing at owner’s expense if left on property longer than 7 consecutive days.  No permanent decking or foundation will be attached to said vehicle or trailer for use on any subdivision lot.  Anyone determined to be in violation of this privilege by the Architectural Committee will relinquish all future privileges for said temporary use. 

 

If there have been no amendments to the restrictive covenants, it clearly shows an intent by the developer to have a subdivision where recreational vehicles are allowed to be used as long as they are not there over 7 days.  Anybody that bought in the subdivision after this whether they like it or not bought subject to this. 

 

His clients’ concern is if the RS-1A is applied to their property, will they be grand fathered in.  If not, what is the county prepared to do when in essence it is taking property rights from them.  The property was set up a certain way and developed a certain way, and his clients are abiding by the restrictive covenants. 

 

He requested that Council not rush into a decision before looking at all the facts of each individual homeowner out there.

 

Ed LaRoach said they haven’t asked for anything except the current zoning that has been in existence in their community for 5 years to stay as is.  Over 90% of the homeowners have expressed that is what they want.  If you look at the covenant the way it is written, it does allow for the temporary use of a recreational vehicle, but no way does that constitute or imply that it was to be forever long term.  This is simply about opening up a zoning that we think appropriate for the community the way it was developed and open it up for everybody else to have less strict zoning.  He asked that the zoning that has been in existence out there for 5 years not be changed.  Their community is perfectly satisfied with the zoning they have now and want to keep it that way.  If the zoning is changed to RS-1A, make it the same zoning as what they have now.

 

Harry Greisser said this issue is not about the covenants and restrictions.  It is about county policy.  The real issue is that since zoning was put in place our community has been zoned in a way that prevents RV usage and people have bought property and built homes thinking that they had that protection.  The issue is the policy for the community, not an individual case.  We would like to keep the county policy the way it is to protect people who thought they were buying and building in a community that prohibited RV usage.  The individual case is a separate issue and is a covenants and restrictions issue.  How can the county promise people they will be protected under zoning and then 5 years later tell them they are no longer protected?

 

  1. Ordinance #04-10-08:  An Ordinance to approve granting a 20 foot power line easement to the Newberry Electric Cooperative, Inc. across the Airport property adjacent to the public road leading from Airport Road to the Country Club.

 

Mr. Livingston moved for first reading; second by Mr. Baker.  Vote was unanimous.

 

  1. Ordinance #04-11-08:   An Ordinance acting on a request to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01, codified in Chapter 153 of the Newberry County Code of Ordinances, so as to rezone two tracts containing a total of 1.69 acres designated as TMS Parcel #340-1-36 (0.87 acre) and TMS Parcel #340-1-37 (0.82 acre), from Single Family Residential (RS-3) to General Commercial (GC).  [Farm Bureau Insurance Agency, Wilson Road.  Planning Commission recommended approval.]  NOTE: Under the new format of adopting zoning ordinance changes, Council must make separate determinations on four relevant items  listed below at some point prior to third reading.
    1. Determination as to whether rezoning request does/does not promote implementation of the Comprehensive Plan and whether it is/is not consistent with the development of planned commercial uses within the requirements of the Zoning Code.
    2. Determination as to whether the rezoning request will have a positive/neutral/negative impact on the orderly commercial growth and development of the area.
    3. Determination as to whether traffic patterns will/will not be adversely affected by the change in zoning.
    4. Determination as to disapproval/approval/approval with amendments of rezoning request.
    5. First Reading.

 

Mr. Hawkins moved for first reading; second by Mr. Waldrop.  Vote was unanimous.

 

  1. Resolution #04-08:            Inducement Resolution for Fee-in-Lieu-of-Property-Taxes for Project Sun. (Executive session may be requested.)

 

Deleted from agenda.

 

  1. Resolution #05-08:            Fair Housing Resolution.

 

Mr. Waldrop moved to adopt the resolution; second by Mr. Hawkins.  Vote was unanimous.

 

  1. Committee Reports.

 

No reports.

 

 

  1. Appointments.

 

Mr. Summer recommended the appointment of Ed Satcher to the Community Hall Commission.

 

There being no further appointments, Mr. Hawkins moved to approve the appointment; second by Mr. Dawkins.  Vote was unanimous.

 

  1. Requests by Councilmen.

 

None.

 

  1. Public Comments (by those who signed up at the meeting).

 

No public comments.

 

  1. Vote for Executive Session, When Necessary.

 

No Executive Session.

 

  1. Executive Session.

 

  1. Necessary Action on Matters Discussed in Executive Session.

 

  1. Comments from County Administrator.

 

Mr. Adams reported he and the Finance Director are winding up work on the draft of the general operating budget and hoped to finish it this week and to get the information to Council well in advance of the first consideration of the budget.

 

  1. Comments from Council Members.

 

Mr. Summer said the County Planning Retreat scheduled for April 19 and 20 had been postponed in order to get the budget out of the way first.

 

  1. Future Meetings for April, 2008:
    1. Road Committee Meeting: April 3, 2008, 3:00 p.m.
    2. Council Meeting: April 16, 2008, 7:00 p.m.
    3. Council Planning Retreat: April 19-20, 2008, 8:30 a.m. (postponed)
    4. Budget Workshops: April 23, 2008, 7:00 p.m.

April 30, 2008, 7:00 p.m.

 

  1. Vote to Adjourn.

 

Mr. Hawkins moved to adjourn.

 

 

 

 

  1. Adjournment.

 

Mr. Summer declared the meeting adjourned at 7:40  p.m.

 

                                                            NEWBERRY COUNTY COUNCIL

 

 

                                                            ________________________________________

                                                            Henry B. Summer, Chairman

 

 

                                                            ________________________________________

                                                            Susan C. Fellers, Clerk to Council

 

APPROVED:            April 16, 2008