NEWBERRY COUNTY COUNCIL
MINUTES
APRIL 18, 2007
Newberry County Council met on Wednesday, April 18, 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. Pope had the invocation followed by the Pledge of Allegiance.
Adoption of Consent Agenda.
Mr. Baker moved to adopt the consent agenda; second by Mr. Waldrop. Vote was unanimous.
Additions, Deletions and Adoption
of Agenda.
Mr. Waldrop asked to move public comments to Agenda Item 9.1.
Mr. Dawkins asked to be added to the agenda immediately prior to third reading ordinances. (agenda item .5)
Mr. Hawkins requested that the existing Industrial Park on Highway 219 also be discussed during the Executive Session.
There being no further additions or deletions, Mr. Hawkins moved to adopt the agenda as amended; second by Mr. Waldrop. Vote was unanimous.
.5 John David
Dawkins.
Mr. Dawkins announced that Newberry Electric Cooperative donated $69,270 to the County of Newberry for infrastructure at the Industrial Park at I-26 and Highway 773. They also helped out with Caterpillar last year. BellSouth also gave the County $25,000 toward Caterpillar.
Santee Cooper and Palmetto Economic Development Group have also given $65,000 to the County to go toward the infrastructure for the Industrial Park at I-26 and Highway 773. AT&T has also given $25,000 for infrastructure.
1. 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. Summer called for the public hearing. There being no comments from the public, Mr. Summer declared the public hearing closed.
Mr. Pope reviewed the following amendments:
a. Page 2, paragraph 2, makes it clear that public comments would always go before any vote to go into Executive Session.
b. Page 3, paragraph (D), subparagraphs amendments as follows:
(1) Comments would be limited to 3 minutes unless the speaker requests additional time and a majority of Council votes to grant the additional time.
(2) Priority in the order of receiving comments may be given by the Chair and all speakers who signed up would be heard. Those who haven’t signed up recently might be heard first.
(3) Council members will refrain from debating issues with those offering comments.
(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.
(6) After public comments, each Council member will have the opportunity to respond to any comments made during the meeting or to make other comments.
c. Exhibit A clarifies the Orders of Session. Item 7 dealing with Ordinances provides that normally required public hearings will be held immediately prior to second reading of an ordinance, but a public hearing sometimes has to be heard prior to third reading. On third readings, if you have the public hearing on second reading, you could also have public comments. On second reading, if it was something that did not require a public hearing, you could still have public comments entertained as determined by Council. The first reading just traditionally puts it on the table, which can be done by title only.
Mr. Baker moved to adopt the amendments; second by Mr. Livingston. Vote was unanimous.
Mr. Waldrop moved for third reading as amended; second by Mr. Livingston. Vote was unanimous.
2. 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. Summer called for the public hearing. There being no comments from the public, Mr. Summer declared the public hearing closed.
Mr. Dawkins moved for third reading; second by Mr. Baker. Vote was unanimous.
3. 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. Summer called for the public hearing. There being no comments from the public, Mr. Summer declared the public hearing closed.
Mr. Hawkins moved for third reading; second by Mr. Waldrop. Vote was unanimous.
Budget Ordinances: Mr. Adams presented the County Special Education Levy budget, which is balanced expenditures and revenues at $693,976, and the County Operations budget balanced at $20,431,028. Revenues for FY 07-08 County Operations budget are estimated at $20,431,028 assuming 134 mills of taxation and giving expected revenue amounts from other sources. The use of 134 mills as opposed to the current levy of 135.5 is due to 1.5 mills of that levy being shifted to debt service in FY 07-08 to fund the completion of three fire stations and repairs to the Sheriff’s Office Building on Highway 219. In effect, the need for 135.5 mills remains constant in FY 07-08, but the distribution of these mills is slightly different than in FY 06-07. Effectively, however, it is the assumption of the proposed budget that the millage rate will remain unchanged next year. With this in mind the total of County Operations revenues budgeted for FY 07-08 is effectively 1.64% higher than budgeted in FY 06-07. In comparison to actual 06-07 revenues as we projected in mid-April through the end of June, revenues are basically flat. $53,396 less than 06-07 collections for a very marginal difference. The collected value of one mill is expected to grow 1.1% in net terms from $100,911 to $102,019.
Perhaps the most significant feature of the proposed budget along with the assumption that the existing millage levy will continue is that it fully funds reserves. The suggested level of unrestricted reserve for County Operations is an amount equal to 3.5 months of operating expenses under the new budget. With a budget of $20,431,028 the recommended level of reserve is approximately $6,000,000. Under the proposed budget reserves are funded at $6,054,717. This level of reserves is necessary to even out cash flow difficulties that naturally occur for entities such as county governments that do not collect the majority of their revenues until the half way point in the spending cycle. This funding is achieved by carrying forward from the present fiscal year as revenue for 07-08 only $319,964. The remainder of the total from over collected and under expenditures, a sum of $1,564,082, is added to the audited fund balance reserves from June 30, 2006, which amount was $4,490,635, to achieve the 3 ½ months of reserve funding.
Administration’s draft recommends a level of spending identical to the revenue derived under the assumptions already described. The actual spending and taxing decisions are policy decisions that the Council, which must make this determination considering both economic input and ramifications. Staff will aid Council in these resource decisions by providing requested information and helping to assure that the equilibrium between revenues and expenditures is maintained throughout the budgeting process.
Administration and Staff does make expenditure recommendations. The major new expenditures recommended, along with reduction and deletions of major budget requests, are provided in the budget transmittal document contained in the workbook presented to Council tonight.
The adoption or reordering of these priorities is within the purview of County Council in accordance with its desire to millage levy. Administration’s recommendations are too numerous to discuss here in any meaningful depth, however, they are available for detailed public review, and they are discussed in the budget workbook.
4. Ordinance #04-13-07: An Ordinance to provide appropriations for
the fiscal year beginning July 1, 2007 and ending June 30, 2008 for the
Newberry County Library, Piedmont Technical College and the Newberry Agency for
the Developmentally Disabled; to provide for the levy of taxes on all taxable
personal and real estate properties in Newberry County for said purposes; to
provide for the expenditure of said taxes and other revenues coming to the
County during said fiscal year for said purposes.
Mr. Hawkins moved for first reading; second by Mr. Baker. Vote was unanimous.
5. Ordinance #04-14-07: An Ordinance to provide appropriations for
the fiscal year beginning July 1, 2007 and ending June 30, 2008 for the
Newberry County Budget for County Ordinary purposes and for other County
purposes for which the County may levy a tax and receive revenues; to provide
for the levy of taxes on all taxable personal and real property in Newberry
County for all County purposes, including sufficient tax to pay the principal
and interest on outstanding indebtedness of Newberry County payable during said
fiscal year; to provide for matters relating to Newberry County; and to provide
for the expenditure of said taxes and other revenues coming to the County
during said fiscal year, and to provide for borrowing in anticipation of tax
collections by the issuance of one or more Tax Anticipation Notes.
Mr. Caldwell moved for first reading; second by Mr. Baker. Vote was unanimous.
6. Resolution
#06-07: Fair Housing Resolution.
Mr. Adams advised Council was required to pass this Resolution annually as a condition to receiving Community Development Block Grants through the Department of Commerce.
Mr. Waldrop moved to adopt the Resolution; second by Mr. Baker. Vote was unanimous.
6.1 Resolution #08-07: A Resolution authoring the acceptance of
Belle Isle Lane into the Newberry County Public Road System.
Mr. Waldrop moved to adopt the Resolution; second by Mr. Hawkins.
Mr. Dawkins advised that Belle Isle Lane and Pointe Lane were the only two roads in Plantation Pointe not currently in the road system.
Mr. Waldrop asked if the road is in fairly good condition. Tommy Whitehead indicated it was.
There being no further discussion, Mr. Summer called for the question. Vote was unanimous.
6.2 Resolution #09-07: A Resolution authorizing the acceptance of
Pointe Lane into the Newberry County Public Road System.
Mr. Waldrop moved to adopt the Resolution; second by Mr. Hawkins. Vote was unanimous.
7. Committee Reports.
No committee reports.
8. Appointments.
No appointments.
9. Discussion of recommendations of
County Finance Officers and county Administration regarding the following:
a. Lifting
of freeze on hiring.
b. Lifting
of freeze on employee merit raises.
c. Ability
to provide tax refunds for owner-occupied dwellings.
Mr. Summer felt that since Council had just received the budget, items (b) and (c) should be delayed until at least the first budget meeting.
Mr. Baker moved to lift the freeze on hiring; second by Mr. Waldrop.
Mr. Dawkins stated that just because the position or vacancy exists doesn’t mean it has to be replaced and that the Administrator take that into consideration. Mr. Adams advised there were four positions open now.
Mr. Hawkins could understand why the delay on item (b) but he thought the tax refunds had to do with the money that came in from last year. What does that have to do with next year’s budget? Mr. Adams stated there was a concern about collections and where the collections rate would be. We are approximately $380,000 over projected collections, but the nature of budgeting is that the performance of one year necessarily affects the performance in the next year. It will determine such things as what funds can be carried forward to fund the next year’s budget. It will determine how the reserve fund would be funded.
There being no further discussion, Mr. Summer called for the vote. Vote was unanimous.
9.1 Public Comments.
Joey and Marilyn Gray discussed with Council problems they were having with Stoudemire Road and more particularly the point owned by Larry Stoudemire. Mr. Gray’s understanding was that the Council Road Committee voted in November 2006 to proceed with condemnation proceedings if Mr. Stoudemire continued to cause problems.
Mr. Dawkins moved to proceed with condemnation. Mr. Summer stated the motion was not on the agenda, and we haven’t had a chance to look at it. Mr. Dawkins agreed to withdraw his motion if it is put on the next agenda. After additional discussion Council recommended that this matter be brought before the Road Committee, and then, if necessary, put it on the Council agenda.
Sam Martin requested that Mr. Summer read the following into the record:
“Dear County Council:
Since the last meeting, I have thought frequently of the question Councilman Baker asked, ‘Who is going to tell Chief Justice Toal?’ The answer might be no one. If no one brings a lawsuit to stop Newberry County after the referendum passes, Newberry County will be able to legally operate the video poker machines and the fees will replace property taxes.
If one carefully reads the 1999 State Supreme Court decision, one sees that the State only banned video poker under the 1999 law. Because of the extended powers given to the counties by the General Assembly, Newberry County has the same right as Charleston County, which permits the docking of gambling ships in Charleston.
The Newberry referendum meets all of the legal requirements under the 1999 court decision and expanded powers of the Home Rule Act. By collecting fees instead of taxes Newberry County will not violate the Home Rule Act within the limits of raising taxes only through property taxes or sales taxes.
The other requirement is that video poker activity and the fees collected will go to replace a specific tax, property taxes, the referendum in the 1999 Court decision; therefore, no property tax petition does not offend either the State Supreme Court or the State of South Carolina.
Our founding fathers were the greatest gamblers in history. They wagered that without kings or noblemen ordinary people could govern themselves, and ordinary people could understand and comprehend that they could govern to promote the public good. In Tom Paine’s words, “they do not need a king.” In nearly 400 years of South Carolina history no one has ever accused our State of having too many elections or too much democracy.
Newberry County Council has an opportunity to lead South Carolina in the opposite direction.
Most respectfully,
Sam Martin”
Mr. Dawkins requested that this be put on the next agenda in order that Council can take some action. Mr. Pope stated if Council was going to consider the referendum request, we must have the signatures in hand, which would be the first step in the process.
Executive Session:
10. Economic
Development matter regarding Pioneer Frozen Foods.
10.1 Economic
Development matter regarding existing Industrial Park on Highway 219.
Mr. Waldrop moved to go into Executive Session for economic development matters concerning Pioneer Frozen Foods and the 219 Industrial Park; second by Mr. Baker. Vote was unanimous.
[EXECUTIVE
SESSION 7:43 P.M. – 8:33 P.M.]
Mr. Waldrop moved to return to open session; second by Mr. Baker. Vote was unanimous.
11. Consideration of adoption of
Resolution #07-07, Inducement Resolution providing for the amendment of that
certain Fee in Lieu of Tax Agreement between Newberry County and Pioneer Frozen
Foods South Carolina, Inc. dated as of December 11, 2002.
Mr. Dawkins moved to adopt the Resolution; second by Mr. Livingston.
Mr. Dawkins stated the County was proud to have Pioneer Foods in the county. They currently have 170 employees. Their total investment now is about $58,000,000.
Mr. Summer advised this would be an $11,500,000 expansion, which would add about 25 new full time jobs.
There being no further discussion, Mr. Summer called for the question. Vote was unanimous.
Future Meetings.
Budget Work Session: April 23, 2007 at 7:00 p.m.
Council Meeting: May 2, 2007 at 7:00 p.m.
Comments from the County Administrator.
Mr. Adams looked forward to working with Council on the budget.
Comments from Council Members.
Mr. Hawkins asked if all Council Members has reimbursed the County for salary overpayments. Mr. Adams advised they had.
Mr. Livingston thanked Council for their attendance and support at the Citizens Advisory Committee meeting last Monday; however, some of the members of the Committee have stated they would like to operate independently of Council for a while.
Mr. Summer thanked Mr. Adams, Ms. Cromer, the Treasurer and Auditor for the hard work on the budget.
Adjournment.
There being no further business, the meeting adjourned at 8:39 p.m.
NEWBERRY COUNTY COUNCIL
_________________________________
Henry B. Summer, Chairman
_________________________________
Susan C. Fellers, Clerk to Council
APPROVED: May 2, 2007