NEWBERRY COUNTY COUNCIL
MINUTES
APRIL 5, 2006
The Newberry County Council met on Wednesday, April 5, 2006, at 7:00 p.m. in Council Chambers 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 (arrived 7:05 p.m.)
J.E. Klugh, Acting County Administrator
Gary T. Pope, County Attorney
Susan C. Fellers, Clerk to Council
Press: Heather Hawkins, WKDK
Cindy Pitts, Newberry Observer
No representation from 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. Hawkins had the invocation followed by the Pledge of Allegiance.
Adoption of Consent Agenda:
Mr. Morris moved to adopt the consent agenda; second by Mr. Waldrop. Vote was unanimous. (Mr. Baker absent.)
Adoption of Agenda:
The following items were added to the agenda:
1. Request from St. Paul AME Church (Agenda Item #20)
2. Under Executive Session, three contractual matters concerning the (1) Airport, (2) Administrator currently on leave and (3) City of Newberry to also include legal advice on the capital project sales tax projects.
There being no other additions or deletions to the agenda, Mr. Morris moved to adopt the agenda as amended; second by Mr. Summer. Vote was unanimous. (Mr. Baker absent.)
[Mr. Baker arrived at 7:05 p.m.]
Sandy Steffen thanked County Council for the letter of support on behalf of Newberry Community Players to the Arts Commission for a Cultural Visions Grant. Newberry Community Players has now been notified of approval of the grant in the amount of $25,000.
2. An Ordinance to amend Ordinance No. 12-48-05 relating to the regulation of manufactured houses in Newberry County, and to amend Ordinance No. 11-42-02 relating to the definition of “abandoned” under the Zoning Ordinance, No. 12-24-01.
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. Dawkins. Vote was unanimous.
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 third reading; second by Mr. Baker. Vote was unanimous.
Mr. Waldrop moved for third reading; second by Mr. Baker.
Mr. Summer asked if there would be an ordinance to apply to some parts of the county because this ordinance could be considered overreaching in some areas of the county but felt it was a good temporary measure.
Mr. Hawkins asked Mr. Pope to explain the difference between Agenda Item #4 and #6.
Mr. Pope advised when the initial ordinances were adopted, the statute was very clear that separate districts in subdivisions within the county could be set up. One ordinance set up a subdivision district, which was primarily the lake area around Plantation Point and a second ordinance adopted the subdivision regulations that were only applicable to the designated subdivision district. When state law was changed later, which completely revamped the law, it was not as crystal clear with the subdivision districts. Item #6 will get rid of the subdivision district to make it countywide in the unincorporated areas of the county and those municipalities that might choose to accept the regulations.
Mr. Summer asked how the zoning ordinance and subdivision regulations fit together. Mr. Pope advised they had to be interpreted together. The regulations in Agenda Item #4 are already on the book but they only apply to one district.
Mr. Hawkins was concerned about the requirement that the streets be paved. If it is too restrictive, a lot of people would not be able to afford to buy a lot.
Mr. Hawkins called for the question. Vote was unanimous for third reading.
Mr. Dawkins moved for second reading; second by Mr. Waldrop. Vote was unanimous.
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. Waldrop. Vote was unanimous.
Mr. Baker moved for first reading; second by Mr. Waldrop. Vote was unanimous.
Mr. Dawkins moved for first reading; second by Mr. Baker. Vote was unanimous.
Mr. Dawkins moved for first reading; second by Mr. Waldrop. Vote was unanimous.
Mr. Baker moved for first reading; second by Mr. Dawkins.
Mr. Dawkins advised when zoning was initially adopted, 500 feet on both sides of Highway 202 from I-26 to the Little Mountain town limits was zoned RS-1. It just came to light to the property owners that it was zoned as RS-1, and they are opposed to it being zoned RS-1. This was the only interchange done this way. Mr. Dawkins felt the property owners were making a mistake asking for it to be rezoned.
Mr. Hawkins advised the property owners were opening themselves up for a lot of things to happen that they may not want to happen. The property owners came to the Planning Commission meeting in mass and requested it.
Mr. Hawkins called for the question. Vote was unanimous.
No committee reports.
No appointments.
Mr. Klugh advised the City of Newberry and the County of Newberry would share in the annual maintenance of the Interchange. In the City’s proposal to the County, the City placed a limitation of 50% with a maximum annual contribution of $15,000. The initial estimate was approximately $30,000. The City’s stipulation would limit future growth in the cost of maintaining it as far as the City is concerned.
Mr. Hawkins asked since there were some items in the proposed contract from the City that need to be discussed in Executive Session, would it be in order to move this item until immediately after Executive Session.
Mr. Waldrop so moved; second by Mr. Dawkins. Voting for the motion: Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker. Voting against the motion: Councilman Caldwell. Motion passed by majority vote.
Mr. Baker advised that in referenced to Agenda Item #12(a) John Glasgow had resigned from the Airport Commission.
Sheriff Lee Foster advised decking to make ADA compliant, the plumbing and the trailer set up have been completed. The electrical wiring of the OMS shop, the wiring for the radios and technology and the wiring of the telephone system are in progress. The move is still on track for the last week of April.
Mr. Klugh reported that he and Bill Waldrop met with Mayor Ed Kyzer and Eric Budds, City Manager, to get a better understanding of the project and what involvement the County might have in the project. The City is seeking funds to improve Scott’s Creek drainage area. At this point the City is seeking the County’s support in their attempt to obtain the funds. The City is not asking for a particular action by the Council beyond an expression from the County that it is in support of the City’s project.
Mr. Waldrop moved that the County work with the City on this project in every way we can to help them solve this flooding problem for the City and County of Newberry; second by Mr. Summer.
Mr. Klugh advised that the City was contacting the Congressional Delegation as well as the US Department of Agriculture, who may have some grant funds available.
Mr. Hawkins called for the question. Vote was unanimous.
Mr. Hawkins advised this would be discussed in Executive Session.
Mr. Morris reported the payments per square foot that NRCS would reimburse the county is $11.50. They need an indication from County Council as to whether it will move forward with the project, to get a building designed and see what it will cost.
Mr. Morris moved that Council go on record to notify NRCS that we will see if we can implement this project; second by Mr. Hawkins.
Mr. Summer stated the County was almost at its debt limit and financially didn’t see how we could go forward even if we wanted to because we can’t borrow the money. There is a lot to say for private people building buildings and renting to government agencies. They pay property taxes.
Mr. Morris stated the estimate is very rough, and we can’t get an estimate until we have a plan in place that we can present for an estimate.
Mr. Hawkins supports continuing to study it and would like to see a presence at Lynch’s Woods.
Mr. Waldrop mentioned the County would be responsible for maintenance of the building.
Mr. Morris reminded County Council that in the facility study the recommendation as to the Clemson Extension building was to not do anything with it because it was beyond rehabilitation. We will have to do something for Clemson sooner or later and this is an opportunity to get the service providers that serve this group of people back under the same roof.
Mr. Waldrop agreed but there was a limit as to the amount of money the County could spend.
Mr. Summer supports Clemson but to build a new 1,950 square feet and not get any rent from it is a lot of money right now.
Mr. Hawkins called for the question. Voting for the motion: Councilmen Hawkins, Morris, Baker and Dawkins. Voting against the motion: Councilmen Waldrop, Caldwell and Summer. Motion passed by majority vote.
Mr. Dawkins advised the Emergency Services Board has not discussed this and has no recommendation at this time.
Mr. Pope advised there is a pre-existing Mutual Aid Agreement with Laurens County, which he and Mr. Lee thought addressed this situation in a first responder situation.
Mr. Baker met with the people at Bush River and Joanna. Joanna has a 3-9 rating. The City of Joanna is a 3 and outside their fire hydrant district is a 9. Fairview is under the impression that if they are pulled in, they would have a 3 but they will be a 9 even if they get Joanna. Joanna is willing to do it at a cost of $30,000 per year. Mr. Baker didn’t feel it would decrease their fire rating to what they want.
Mr. Hawkins stated it wouldn’t get them to a 3 but if they are way out there, a 9 might be better than what they have now.
Mr. Dawkins said most of the people this is referring to have a rating currently of 11. Going from an 11 to a 9 will save about $500. When those people in that area dial 911, the first responder would be Newberry who would have to relay it to Laurens County.
Sheriff Foster was not sure it would be legal under the 911 Ordinance without further research. His recommendation was that Lewis Lee contact the ISO representative for our area and find out if it would lower their ISO rating if we would have an automatic mutual aid with Laurens County meaning that if there were a structure fire, we automatically call Laurens County.
Mr. Hawkins requested that the Emergency Services Board research this issue and report back to County Council at the next meeting.
Mr. Baker reported that the Water and Sewer Authority was replacing line on Highway 121 trying to get it off the highway right-of-way. The second project is the Highway 219 Interchange to get water. They are looking at approximately $28,000 just to get water on the other side of the bridge. Part of this needs to be discussed in Executive Session.
Mr. Hawkins asked for a motion to two items to Executive Session, one being the report from Mr. Baker on the Water and Sewer Authority and the other a brief update on the Sheriff’s Building. Mr. Morris also requested a personnel issue.
Mr. Baker so moved; second by Mr. Morris. Vote was unanimous.
Mr. Morris advised that Hope School is a former rural community school located on Hope Station Road at St. Paul AME Church. Hope School, built in 1925-26 at a purchase price of $2,900, was used to serve the black children of the area from 1926 until 1954. They are trying to secure grant funds to restore the school to make it into a community center. The Budget and Control Board has grant money, and one of the requirements is that if a private entity receives grant funds, that the funds be dispersed to a county or city and they in turn disperse the funds to them.
Mr. Morris moved that County Council support them in this project and if they are able to secure the grant that those funds be distributed from the Budget and Control Board to Newberry County and then to the school; second by Mr. Waldrop. Vote was unanimous.
Mr. Baker apologized for arriving late and requested permission to add an item about the Newberry County Airport, which was granted.
Mr. Baker reported that for the months of February and March the Airport has sold 5,400 gallons of gas. There have been 209 take-of and landings coming in to get fuel.
Executive Session.
Mr. Baker moved to go into Executive Session; second by Mr. Morris. Vote was unanimous.
[EXECUTIVE
SESSION 7:56 P.M. – 9:56 P.M.]
Mr. Waldrop moved to return to regular session; second by Mr. Baker. Voting for the motion: Councilmen Hawkins, Waldrop, Caldwell, Dawkins Morris and Baker. Councilman Summer was absent during this vote.
I-26 and Highway 219
Interchange Landscape Project.
Mr. Klugh reviewed the bid tabulations for the project. The landscape architects recommend the low bid from Design South be accepted in the amount of $308,706.36. There was an alternate of $41,994.76 for signage and the entrance at the Industrial Park. The alternate would be an expense solely of the County. The other part for the Interchange is an 80-20 grant through the State Department of Transportation with the City of Newberry having agreed to pick up 10% of the local match and the County picking up 10% of the local match. Mr. Klugh advised if Council chooses to do the alternate, funds would be available in the Economic Development office budget for that.
Mr. Morris moved to approve both the alternate and the landscape; second by Mr. Baker.
Mr. Dawkins had no problem going ahead with the Interchange project and the County’s 10% match, but had a problem with the alternate. Mr. Dawkins inquired as to whether the County or the Highway Department tore down the entrance sign.
Mr. Pope advised the County was paid $12,000, which was taken out of their contract, when it was taken down, and it is our responsibility to put a new sign up.
Mr. Hawkins called for the question. Vote was unanimous.
Comments from County
Administrator.
No comments.
Comments from County Council.
Mr. Waldrop mentioned cleaning up the sides of the roads.
Mr. Baker advised that Mr. Whitehead and the Aviation Association met this morning and requested that someone check with Mr. Whitehead to see what he found out.
Mr. Caldwell wanted to know what requirements had to be met in order to get a key to enter into the building. There was a meeting recently after hours and they couldn’t get into the building. Individuals who had keys were called and none of the individuals came. Mr. Caldwell finally called Jerry Martin, who came down and opened up Chambers. Mr. Hawkins recommended that anyone having a meeting here should check with the Clerk to Council or the County Administrator to obtain a key.
There being no further business, Mr. Baker moved to adjourn; second by Mr. Summer. Vote was unanimous.
There being no further business, the meeting adjourned at 10:11 p.m.
NEWBERRY COUNTY COUNCIL
______________________________
Mike Hawkins, Chairman
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Susan C. Fellers, Clerk to Council