NEWBERRY COUNTY COUNCIL
MINUTES
MAY 3, 2006
The Newberry County Council met on Wednesday, May 3, 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
J.E. Klugh, Acting County Administrator
Gary T. Pope, County Attorney (arrived 7:15 p.m.)
Susan C. Fellers, Clerk to Council
Press: Heather Hawkins, WKDK
Cindy Pitts, Newberry Observer
Cassie Fowler - 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. Caldwell had the invocation.
Mr. Baker moved to adopt the consent agenda; second by Mr. Morris. Vote was unanimous.
The following changes were requested:
a. Change Agenda Item #2 to #19 as a legal/contractual matter under Executive Session.
b. Legal update on Sheriff’s Office under Executive Session (Agenda Item #20).
c. Legal concerning reassessment (Agenda Item #21)
There being no additional changes, Mr. Morris moved to adopt the agenda as amended; second by Mr. Dawkins.
Under discussion, Mr. Caldwell asked how the added issues would be addressed. Would they be voted upon, documentation or just received as information? Mr. Caldwell stated there was a time limit for the agenda to go to the press.
Mr. Hawkins advised the agenda had to be published at least 24 hours ahead of our meeting. Some action may be required on the Capital Sales Tax Project when Council comes out of Executive Session.
Mr. Klugh stated as a matter of course Council has adopted the policy that it has the ability to change the agenda at the meeting; otherwise, there would be no purpose in approving the agenda if it were already set and no changes could be made to it.
Mr. Caldwell stated Council adopted Robert’s Rules of Order and these are agenda items. The only thing you do differently is just receive them as information until they are actually publicized.
Mr. Hawkins requested that Mr. Caldwell cite the section of Robert’s Rules of Order that would prohibit Council from doing this. Mr. Caldwell was not prepared to cite the sections.
Mr. Summer stated the one item in Executive Session that might require action would be the Capital Sales Tax Project and that was published as part of the original agenda and Council could definitely take action on that, if necessary.
Mr. Hawkins also added under Executive Session an item on economic development concerning the Highway 219 Industrial Park (Agenda Item #22).
Mr. Hawkins called for the question. Vote was unanimous.
Mr. Richardson advised that Pomaria Rescue Squad received a federal grant of $73,625. The grant requires a 5% match of $3,875, and the Rescue Squad has experienced overages of approximately $1,125 in order to maintain compatibility with equipment at stations near them. On behalf of Pomaria Rescue Squad, Mr. Richardson requested $5,000 to match the grant.
Mr. Dawkins met with Debbie Cromer, Finance Director, and Gene Klugh, Administrator, today looking for funds. In the current fiscal year Rescue Squad budget funding of the $5,000 was found with part of the money coming out of training and other part of supplies.
Mr. Dawkins moved to fund the $5,000 out of the existing current year budget; second by Mr. Morris. Vote was unanimous.
Leslie Hipp, 1817 Harrington Street, Newberry, SC, spoke in opposition to the County selling the old library building (corner of Friend and College).
3. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone 20 acres designated as TMS Parcel No. 695-16 from Residential (RS-1) to General Commercial (GC).
Mr. Dawkins moved for third reading; second by Mr. Baker. Vote was unanimous.
4. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone 6.9 acres designated as TMS Parcel No. 695-20 from Residential (RS-1) to General Commercial (GC).
Mr. Dawkins moved for third reading; second by Mr. Baker. Vote was unanimous.
5. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone 37.38 acres designated as TMS Parcel Nos. 697-1, 697-2, 697-3, 697-4, 697-5, 697-7, 697-9, 697-11, 697-11/1, 697-12, 697-20, 697-21 and 695-10 from Residential (RS-1) to Rural (R-2).
Mr. Dawkins moved for third reading; second by Mr. Morris. Vote was unanimous.
6. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone 22.85 acres designated as TMS Parcel Nos. 695-2, 695-4, 695-6, 695-7, 695-29, and 695-42 from Residential (RS-1) to Rural (R-2).
Mr. Dawkins moved for third reading; second by Mr. Baker. Vote was unanimous.
7. An Ordinance enacting the Newberry County, South Carolina Code of Ordinances, revising, amending, restating, codifying and compiling certain existing general ordinances of the County of Newberry dealing with subjects embraced in such Code of Ordinances, and repealing certain ordinances inconsistent with the matters codified in the Code of Ordinances.
Mr. Baker moved for second reading; second by Mr. Waldrop. Vote was unanimous.
8. An Ordinance to provide appropriations for the Fiscal Year beginning July 1, 2006 and ending June 30, 2007 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. Baker moved for second reading; second by Mr. Morris.
The following changes were discussed and voted on:
Mr. Waldrop asked the total amount budgeted and spent for gasoline this year.
Fiscal year 2005-2006: $310,000 budgeted for gasoline
$355,000 spent through April 2006
$95,000 additional estimated through June 2006
for a total of $455,000 for the current fiscal year.
$545,000 is proposed in the budget for 2006-2007, which is approximately $235,000 more than budgeted for the current fiscal year.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
Mr. Baker moved for second reading as amended; second by Mr. Morris. Vote was unanimous.
9. An Ordinance to provide appropriations for the Fiscal Year beginning July 1, 2006 and ending June 30, 2007 for 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. Morris moved to amend to add the Newberry County Library; second by Mr. Waldrop. Vote was unanimous.
Mr. Morris moved for second reading as amended; second by Mr. Waldrop. Vote was unanimous.
10. An Ordinance to approve granting a 20 foot sewer line easement to the Newberry County Water and Sewer Authority across the Newberry County Industrial Park property.
Mr. Waldrop moved for second reading; second by Mr. Baker. Vote was unanimous.
11. An Ordinance to amend the Code of Ordinances of Newberry County, South Carolina, by providing for the assessment of aircraft subject to property tax in Newberry County, South Carolina; to establish the assessment ratio of the fair market ratio of such aircraft; to provide for a public hearing; and to provide for other matters relating thereto.
Mr. Pope advised this would encourage people to use the airport more, which in turn would justify more federal aid.
Mr. Baker moved for first reading; second by Mr. Morris. Vote was unanimous.
12. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone two (2) acres designated as a portion of TMS Parcel No. 450-13 from Rural (R-2) to General Commercial (GC).
Mr. Waldrop moved for first reading; second by Mr. Baker. Voting for the motion: Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker. Councilman Caldwell abstained until he could get better clarification as to where it is going to be. Motion passed by majority vote.
13. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone two (2) acres designated as a portion of TMS Parcel No. 422-17 from Rural (R-2) to General Commercial (GC).
Mr. Dawkins moved for first reading; second by Mr. Baker. Vote was unanimous.
14. An Ordinance adopting and approving the terms of, and authorizing the Chairman to execute and deliver, the attached instrument entitled “Agreement for a Comprehensive Joint County Business and Industrial Park in Greenwood and Newberry Counties” (“The Agreement”) to be entered into between Greenwood County and Newberry County, in order to create a Joint County Industrial and Business Park, (A “Park”) pursuant to Article VIII, Section 13, of the South Carolina Constitution and Sections 4-1-170, et. seq., Code of Laws of South Carolina, 1976, as amended, (collectively the “Act”) which will contain properties geographically located within the boundaries of Greenwood and Newberry Counties, as specified in the Agreement.
Mr. Waldrop moved for first reading; second by Mr. Baker. Vote was unanimous.
No reports.
Mr. Morris nominated John Hamilton to serve on the Newberry County Memorial Hospital Board.
Mr. Summer nominated Charles Altman for reappointment to the Westview Board.
There being no other nominations, Mr. Waldrop moved to approve the nominations; second by Mr. Baker. Vote was unanimous.
17. Report on Newberry County Soil and Water Conservation District Building – J.E. Klugh, County Administrator
18. Report on costs of maintaining Agriculture Building – J.E. Klugh, County Administrator.
These two items were postponed to the May 17, 2006 meeting.
Mr. Caldwell referred Mr. Hawkins to pages 340 and 341, Order of Business, Order of the Day, Agenda and Program, of Robert’s Rules of Order. Mr. Hawkins advised it would be checked out.
Mr. Hawkins requested a motion to go into Executive Session to discuss a legal and contractual matter involving the Capital Sales Tax Projects, an economic development matter to discuss relating to the Highway 219 Industrial Park, a legal matter relating to reassessment, and a legal update on the Sheriff’s Office on Highway 219. Mr. Waldrop requested discussion of the landfill in Helena. Mr. Baker moved to go into Executive Session; second by Mr. Morris.
Mr. Dawkins requested that Council discuss the Capital Sales Tax Projects and come back into regular session and then go back into Executive Session for the other matters.
Mr. Hawkins called for the question. Vote was unanimous.
[EXECUTIVE
SESSION 8:05 P.M. – 8:40 P.M.]
Mr. Summer moved to return to open session; second by Mr. Morris. Vote was unanimous.
19. Legal/Contractual – Capital Sales Tax Projects.
Jack Grimes with Carter
Goble Lee updated Council on the fire stations and Newberry Rescue Squad
buildings. Proposals were submitted in
2003 based on planning budgets during that time frame, and this has changed due
to increases in cost of construction.
To build the buildings as they should be built, we need approximately
another $1,000,000 for the Newberry Rescue Squad and Haz-Mat Building,
Silverstreet Fire Department, Consolidated Fire Department, Prosperity Fire
Department and Lake Murray Fire Department, which divides out to $85 per square
foot.
In reviewing the projects
approved in the referendum, the lowest priority from the County’s standpoint
was the Public Works Facility in the amount of $750,000 for the construction of
an administrative office for Public Works. Mr. Klugh suggested one possibility might be to seek a less
expensive administrative facility for Public Works and reallocate some of those
funds on the front end to some of the other emergency service type projects. There have been some charges for the road
going into the site against the $750,000, and those charges should have come
from the Public Works budget, which can be done. One alternative to Public Works down the road would be one of the
modular units currently leased for the Sheriff’s Office, which the County has
an option to purchase for a fixed price at the end of the lease.
There will need to be
some way to allocate the $750,000 based on need and potential cost, and the
Emergency Services Board may need to review the various projects and make a
recommendation to Council as to how those additional funds could be made
available to the projects.
Mr. Pope advised in
reviewing the sales tax ordinance it provides that in the event that the
proceeds of the bond are insufficient to defray the costs of all projects, then
the proceeds would be used to commit the undertaking of as many of the projects
as could be fully funded taking into account the capitalized interest. In such case it would be prioritized in the
same order as on the ballot. The projects
funded by the proceeds do not include the hospital’s MRI project. That was to come out of taxes at the
end. The last project funded by the
bond is the Public Works project. Based
on the clear language of the ordinance and after consulting with bond counsel,
it would be appropriate to accept Mr. Klugh’s recommendation. We would still have a building for Public
Works. We would just not have it
immediately, and it would not be as good a building as we thought we were going
to have. The County could then enter
into contracts knowing this $750,000 would be available to cover some of the
shortfall.
Mr. Dawkins moved to
designate that Public Works replace the missing money from the contingency
account making it a whole $750,000 and currently use that money to offset the
overruns on the six emergency services projects and that the Emergency Services
Board study these facilities and make a recommendation to County Council at the
next Council meeting and look for the alternative $250,000 on timber and land
sales; second by Mr. Morris.
Mr. Hawkins stated the
Public Works facility is the last project on the list, which was chosen by the
sales tax committee. If this action
were to deny one of the communities out in the county one of their projects, it
would not be okay to do this. Since it
is a county building and the last one on the list, Mr. Hawkins could support
it.
Mr. Morris stated the
Public Works complex is not being killed, but only delayed since it is the last
one on the list.
Mr. Caldwell asked how
long the delay would be.
Mr. Hawkins didn’t think
it would be long, but that it would be near the end of the sales tax
process. If we choose to go with the
modular building, then it wouldn’t delay it that long but we would wait and see
what money was available so that would not be the only option.
Mr. Baker has gone along
with public safety for years and worked with them, but could not take this
money from Public Works if you look at what Public Works is in today.
Mr. Caldwell asked if it would
be months or years of delay.
Mr. Hawkins estimated it
to be three to four years.
Mr. Morris stated we are
not taking it from Public Works. We are
talking about selling commercial property where Public Works is currently
located, and we could go ahead and sell some of it now. We could then take that money and put it
back in the Public Works complex.
Mr. Waldrop asked when
the contract was up with Ryder. Why
don’t we put this up for bids and not have a building for Public Works except
for the modular unit and bid it out to the local people to maintain the
county’s vehicles.
Mr. Pope advised this
plan is for office space only and not a garage.
Mr. Waldrop felt the land
could be sold and put on the tax books to generate revenue to help with county
expenses.
Mr. Hawkins called for
the question. Voting for the
motion: Councilmen Hawkins, Summer,
Dawkins, and Morris. Voting against the
motion: Councilmen Waldrop, Caldwell
and Baker. Motion passed by majority
vote.
Jack Grimes reported that
the relocation of the Sheriff’s Office is now completed and came in
approximately $100,000 under budget.
Mr. Morris moved to go
into Executive Session to receive legal advice on the Sheriff’s Office on
Highway 219, legal advice relating to reassessment and an economic development
matter relating to the Highway 219 Industrial Park; second by Mr. Hawkins. Vote was unanimous.
[EXECUTIVE
SESSION 8:59 P.M. – 9:35 P.M.]
[Councilman Baker left at
9:30 p.m. during discussions about the Sheriff’s Office.]
Mr. Waldrop moved to
return to open session; second by Mr. Caldwell. [Mr. Baker absent.]
20. Legal update on Sheriff’s Office on Highway 219.
21. Legal advice relating to reassessment
22. Economic Development relating to Highway 219 Industrial
Park.
Mr. Hawkins reported the following:
Mr. Klugh advised that Southeast Resource Recovery received permission to advertise the change in their permit to provide access to their property through utilization of the road put in by the County. There is a 30 day comment period after which they anticipate another 30 days before receiving the permit. The road was the only change requested.
Southeast Resource Recovery also committed to $100,000 as a contribution toward the cost of construction of the road and $50,000 as an advance on their tipping fee/host fee that the County is to receive, which would be $150,000 to be applied to the cost of the road. That money will be forthcoming when they receive their permit to operate.
No comments.
Mr. Morris moved to adjourn; second by Mr. Hawkins. Vote was unanimous. [Mr. Baker absent.]
Meeting adjourned at 9:42 p.m.
NEWBERRY COUNTY COUNCIL
__________________________________
Mike Hawkins, Chairman
__________________________________
Susan C. Fellers, Clerk to Council