NEWBERRY COUNTY COUNCIL

MINUTES

MAY 4, 2005

The Newberry County Council met on Wednesday, May 4, 2005 at 7:22 p.m. 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

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:

Newberry Observer – Cindy Pitts

WKDK – Heather Hawkins

Whitmire News – Cassie Fowler

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

ADOPTION OF CONSENT AGENDA

Mr. Baker moved to adopt the consent agenda.

Mr. Caldwell stated a second was not necessary for the consent agenda.

Vote was unanimous.

ADDITIONS, DELETIONS AND ADOPTION OF AGENDA

There being no additions or deletions, Mr. Waldrop moved to adopt the agenda; second by Mr. Caldwell. Vote was unanimous.

PUBLIC COMMENTS

Kevin Worley, a resident of the Little Mountain area and Chairman of the Board of Rescue Squads appeared to clear up any misconceptions concerning recent events with the Rescue Squads and in an effort to begin bridging a miscommunication gap between the Council and the Rescue Squads.

Council’s recent decision to reassign two ambulances to EMS, which had been earmarked for the Newberry and Prosperity area squads to replace their existing trucks of fifteen plus years, was met with disappointment and anger of the individuals involved. The miscommunication seemed to derive from the fact that had EMS felt the need for new trucks, they would have requested so in their budget as the Rescue Squads did. Instead it was decided to relinquish the ones requested by the Squads, with very little communication as to the justification. The Rescue Squads realize the needs for those trucks were found to be greater for EMS and the Rescue Squads respect Council’s decision.

The Rescue Squads ask that any type of rotational system Council may form with rotating ambulances between EMS and the Rescue Squads be done so in a fair manner with due consideration. If the Rescue Squads are handed down an ambulance from EMS, it is done so in a manner that considerable mileage is taken into account and trucks that would be accepted by EMS and suitable for running for them, the Rescue Squads would expect the same consideration.

Mr. Worley expressed appreciation for Council’s proposed allocated funding in next year’s budget, which indicates Council’s continued support and commitment to the Rescue Squads in the county.

There has been rumor and speculation about the Council possibly supporting EMS as becoming the primary patient care giver and transporting agency and limiting the Rescue Squads’ responsibilities to that of just rescue. If the decision is not well thought out, it will be the people who are served in the county who will suffer. Mr. Worley asked Council to remember the most important factor, that being the people who call for help during their time of need for an ambulance. These people have generously supported the Rescue Squads during the years with donations in return for special services provided by the Rescue Squad in their community. Mr. Worley recommended that Council ask their constituents what they want in the form of service before making any final decision. The focus of the real mission has become clouded. Mr. Worley on behalf of the Board of Rescue Squads confirmed their commitment to work with Council by whatever means necessary to do what is best for the people in each respective community.

County Council members expressed appreciation to the Board of Rescue Squads for their work.

Glenn Hamm, II, Prosperity and member of the Prosperity Rescue Squad, stated emergency services of Newberry County are currently experience the need for growth and development. The County is blessed with the ability and willingness to expand and improve services in rescue, EMS, fire and police. Despite the disappointment of not receiving a new ambulance, the Prosperity Rescue Squad realizes funds must be disbursed among all emergency providers. Newberry County EMS is in need of a new ambulance. The Prosperity Rescue Squad looks forward to the future growth and expansion of emergency services within Newberry County and to working with the proposed Emergency Services Board and feel a unified structure will allow Newberry County emergency services the opportunity to grow closer while training and working together to serve the needs of the citizens of Newberry County. Mr. Hamm thanked Council for their support.

SECOND READING ORDINANCES

1. An Ordinance to approve an agreement with the South Carolina Department of Transportation providing for the design, construction and permanent maintenance of landscape improvements at the interchange of Interstate Highway 26 and State Highway 219 in Newberry County.

Mr. Caldwell moved that this be second reading; second by Mr. Morris. Vote was unanimous.

2. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel No. 700-6 from Rural (R-2) to Basic Industrial (BI). [Nursery Road, Little Mountain]

Mr. Hawkins called for the public hearing.

Larry Yochem of Greenwood, SC appeared on behalf of his mother, who owns property on Nursery Road, and she does not wish for this property to be rezoned as Basic Industrial. Mr. Yochem understands from the Planning Commission meeting a few weeks ago the owner of this property does not wish it to be zoned industrial. There should be some other zoning or let him operate as he has been operating for the past several years. Rezoning will open it up to be anything there. If something happened to him, it would be wide open for anything to go in there.

Loretta B. Moon, 370 Nursery Road, asked that Council not rezone this section to Basic Industrial. There is already too much traffic, and there are children on that road. The trucks already traveling that road keep the road torn up. We have already had one death in our family from those trucks on that road and ask that Council vote against this.

Alex Metts, 817 Mill Rd and owner of the property in question on Nursery Road, stated the property was purchased by his father in the mid seventies. Metts Construction, a family business, is located on the property. The property and business has been used for a landfill, at which they take clearing debris. They have DHEC permits, which have been in place for some time. For each permit they have on the property, they have had correspondence with the County to get their permission. Part of having a land clearing landfill, you have to cover the material on regular intervals. They are checked and monitored by DHEC on a regular basis. To cover the material, they had to take clay out of the site to cover the material. They were asked to get a mining permit to do so. They applied for the mining permit and called the County for permission to send to DHEC, and DHEC gave them a permit. They have recently starting grinding the debris brought in and making landscape mulch out of it had are able to get rid of all of it. Approximately 95% of what goes through is being reprocessed and used. There is a need for the facility, and they have had the operation for some time.

The only reason to rezone is to be in compliance with zoning. There is no building on the property, but in the future we would like to have office/warehouse building buildings, and in the future it could involve scales.

The operation is similar to what Newberry County has where trucks come in and dump debris. The trucks are weighed in. DHEC requires that we let them know how much material comes in and how much goes out. We provide annual reports and are monitored very closely. We have an operations and maintenance schedule that has to be abided by. The temperature of material stored on site has to be monitored daily. We have to monitor rainfall. DHEC is pleased with our operation and they come on a regular basis, and we haven’t had any problems.

We are doing our best to abide by DHEC, and we want to be in compliance with the County as far as zoning.

Mr. Hawkins asked if Mr. Metts was in business before the County adopted zoning. Mr. Metts stated he and his father, Howard Metts, have been in business for many years.

Mr. Caldwell asked how many acres he was talking about and how close it was located to a residence. Mr. Metts stated it was approximately 27 acres, and the closest residence would be about 600 to 700 feet. The closest one is across the street but is not located directly in front of the business, but down the street.

Mr. Caldwell asked what kind of materials they took in. Mr. Metts stated they take in land clearing debris, which are trees and stumps. They also accept clean concrete, which means it can’t have any paint or stucco. Concrete can be ground up and used for road bases and parking lots, which is part of Metts Construction work. We just recently started recycling the concrete.

Mr. Baker stated Mr. Metts falls under the grandfather clause, and it doesn’t matter whether Council rezones. If Council rezones, we fall under compliance. This business was already there and has been there for years, and there is no way anybody can stop it because it is DHEC controlled. Mr. Baker felt it should be in compliance with County zoning.

Mr. Morris said the previous speaker stated Mr. Metts did not want it rezoned, but he understood Mr. Metts to say he wanted it rezoned. Mr. Metts did not send a letter to the County Council asking that it be rezoned. It was brought up, and he was informed that it was coming before Council to be rezoned. It is not that he doesn’t want it rezoned, but he personally did not request it. Mr. Metts would like to be in compliance with zoning.

Mr. Hawkins asked Anne Peters if the property was left as R-2 and he wants to build a building, could he do it. Ms. Peters stated you could not have a commercial property business in R-2, but you could have a residential building. He could not get a permit for a commercial building with it zoned R-2.

Mr. Pope stated it came to our attention that Mr. Metts was taking asphalt and concrete and we first thought he was having a regular C&D landfill there, and it concerned us because we didn’t know anything about it. We found out he was actually recycling concrete and asphalt, which is legal, and it was an expansion of his previous yard clearing debris business. Mr. Pope has looked at the DHEC file. About a year ago Mr. Metts got the County’s permission for a recycling business after putting his mobile home, and we thought he was already Basic Industrial, but we couldn’t put out hands on the map that would have shown us that. There is a letter to Mr. Metts in the DHEC file saying it is zoned Basic Industrial, but when you look back we found that Susan Bridges and Bryan Bedenbaugh, both former Zoning Administrators, sent letters to DHEC approving what he was doing but telling them that he was zoned R-2. Then there is a letter saying he was zoned Basic Industrial, which is our error, but it allowed him to go into the recycling business. He could not increase his non-conforming use unless he was rezoned as Basic Industrial so he couldn’t put the building up. Technically he shouldn’t be in the recycling business because that is an increase in what he was doing unless he is rezoned. If there are other things beneficial to the public in the nature of recycling, not being in compliance with zoning would hamper him, and it would affect his ability to get DHEC permits. Basically he is doing what he has always been doing there except more efficiently by recycling the asphalt and concrete by using it in his construction business. Technically he has increased the scope of what he is doing and from a legal point of view, it would be inconsistent to not have this one in compliance with the zoning laws. He is grandfathered for all the uses prior to zoning such as land clearing, mining and other things, but if he wants to expand his business or put a building there, he has a problem. Mr. Pope recommended that Council rezone the property to Basic Industrial.

Willie Summer, Highway 202, Little Mountain, owns the land beside the Metts property. The grinding machine runs all the time, and nobody would want to buy my property. If the property is zoned Basic Industrial, they can put anything they want there. Mr. Summer expressed concern over pollution and asked that Council leave it zoned as is.

Chris Harden, 977 Nursery Rd, owns property located two tracts over from the Metts property. In the last four to five years truck traffic has increased tenfold. Mr. Harden lives in middle of 40 acres and can hear the chipper running. No landowner on Nursery Road wants it zoned industrial because any piece of property adjacent can be attached and zoned industrial. Mr. Metts is an honorable man but what if he dies or sells it. The Planning Commission voted almost unanimously not to rezone it. Nursery Road is a farm to market road.

Mr. Caldwell asked how far Mr. Metts lives from the property on Nursery Road. Mr. Harden said approximately 8 to 10 miles.

There being no further discussion, Mr. Hawkins declared the public hearing closed.

There being no motion for second reading, the ordinance died.

3. An Ordinance to provide appropriations for the fiscal year beginning July 1, 2005 and ending June 20, 2006 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 estate properties in Newberry County for all county purposes, including sufficient taxes 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.

Mr. Hawkins called for the public hearing.

Beth Bozard, Newberry County Health Department introduced Gloria Lemus, an interpreter at the Health Department whose position we are requesting funding from the County. Ms. Lemus was born and raised in Mexico City, Mexico. She came here in 1996 when her husband took a job with Louis Rich. Her two youngest children are graduates of Newberry High School. She and her husband plan to apply for citizenship after they have been here 10 years, which will be in 2006. She serves not only as an interpreter for the Health Department, but as a cultural liaison and role model for our Hispanic citizens. She is bi-cultural as well as bi-lingual. Ms. Lemus is knowledgeable of all of the programs at the Health Department. She is a certified child passenger safety technician and is competent in clerical activities so she can help in other areas and is a great asset. She helps interpret for the Department of Health and Human Services, especially for Medicaid eligibility determinations, and also works with the Department of Social Services and makes visits with them when needed.

This is a state position but she will be working in Newberry County and for the people of Newberry County. We are a State agency and have to follow DHEC’s policies and procedures, but our mission to protect and to promote the health of this county and the people of this county.

We work closely with other local health care providers. We also do infectious disease investigations, man shelters in case of disaster, and give out medications during an epidemic or bio-terrorist incident. With as many Hispanics as we have in Newberry County, we couldn’t do it without interpreters. The interpreters help us provide services to everybody more efficiently.

State agencies are required by federal law to use certified interpreters. We have two interpreters in the County that have passed the qualification test and Ms. Lemus is one of them. Having a qualified interpreter enables us to communicate information correctly and get accurate information from our clients. The interpreters help to prevent fraud and abuse. Ms. Lemus is familiar with so many of the Hispanic residents that she can often recognize if somebody is giving us inaccurate or untrue information. The Hispanic population is growing, and we need the interpreters and don’t have the funds for the position. We are here by Newberry County only, and we are willing to share our interpreters with County offices, if needed. This would benefit the county greatly.

Mr. Caldwell felt it would be a disservice to the citizens and residents of this county. We are talking about being able to communicate and deal with people because if we can’t communicate a lot of things would really happen. We are only talking about $27,000, and felt this would be one of the best investments we have done in a long time. Mr. Caldwell said he planned to support and lobby for it any way he could.

Mr. Caldwell also pointed out that a dedication was never done for the building in which the Health Department is located. Ms. Bozard stated that was correct and they had requested one from the previous County Administrator.

Mr. Dawkins asked if federal law required State agencies to have interpreters. Ms. Bozard stated that was correct.

Mr. Dawkins stated this is a state job. We are already paying a state nurse out of county funds. The County furnishes the building. We picked up one nurse, and if we pick up this one, next year the state will hope we pick up a couple more and we will end up taking over the whole thing. If this were going to be a county employee, this would be a good one to add. Mr. Dawkins said he could not support it because it is not right for the citizens of Newberry County to continue bailing out the State. This is not fair to County employees because State benefits are different from the County.

Mr. Caldwell stated if this was going to be a service to this County, he didn’t care who funded it as long as the service is here when needed.

Mr. Morris requested that Mr. Sossamon contact Lynn Beasley at Newberry County Memorial Hospital to see if a Duke Endowment grant might be available to fund this position.

Mr. Waldrop asked how many people pass through the DHEC office. Ms. Bozard stated they have roughly 300 Hispanic clients on the WIC program. The Health Department had approximately 3,000 encounters with Hispanic families during 2004.

Mr. Hawkins stated the County could not deny needed services because of the State.

Mr. Baker and Mr. Waldrop were in favor of funding the interpreter position.

John Gerhardt, Board Member for McCormick Children’s Home, asked that Council reconsider their request for $18,214.

There being no further comments, Mr. Hawkins declared the public hearing closed.

Mr. Baker moved to add the interpreter position for the Health Department; second by Mr. Caldwell.

Mr. Summer contacted Saluda County and was told they have no interpreters. They have people who are bilingual, and if they need an interpreter, they call one and pay on a contract basis.

The cost for this position would be $27,961, which includes benefits, and would be a State employee.

There being no further discussion, Mr. Hawkins called for the question. Voting for the motion: Councilmen Hawkins, Waldrop, Caldwell, Summer and Baker. Voting against: Councilmen Summer and Dawkins. Motion passed by majority vote.

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

4. An Ordinance to provide appropriations for the fiscal year beginning July 1, 2005 and ending June 30, 2006 for Piedmont Technical College and 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 expenditures of said taxes and other revenues coming to the County during said fiscal year for said purposes.

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

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

RESOLUTIONS

5. A Resolution declaring the intention of the County of Newberry, South Carolina, to reimburse itself for certain expenditures with the proceeds of debt to be incurred by the County of Newberry, South Carolina.

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

COMMITTEE REPORTS

6. Committee Reports.

Mr. Morris provided Council with a list of roads to be paved in 2005 [copy attached]. This list has been approved by CTC at an estimated cost of $ 242,579. The County must now put a bid package together.

APPOINTMENTS

7. Appointments:

A. Recreation Commission – District 3, term ending June 30, 2007

Mr. Morris recommended the appointment of Lisa Traylor to the Recreation Commission.

B. Airport – District 5, term ending June 30, 2005

No appointment.

Mr. Dawkins moved to accept the nomination; second by Mr. Waldrop. Vote was unanimous.

EXECUTIVE SESSION

Mr. Morris moved to go into executive session to discuss economic development, personnel and legal matters; second by Mr. Waldrop. Vote was unanimous.

[EXECUTIVE SESSION 8:30 P.M. – 9:30 P.M.]

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

Mr. Pope reported the following:

1. We need a motion to acquire the property from John Rhett Frazer, et al on the 121 Bypass, approximately 46 acres, with a contract price of $2,880 for unencumbered land and a lesser amount for the property in the highway right-of-way. We have a contract that has a clean environmental report on it. It has clear title. The second thing is to have a survey done by B.P. Barber to determine the actual acreage, and we will pay by the acreage revealed by the survey.

2. The second motion would be for B.P. Barber to do the engineering study.

3. The third motion would be to approve a contract with D.H. Griffin to accept a contribution to build a heavy duty road across the property into the backside of the Helena Landfill site to get the traffic out of the Helena community.

Mr. Morris moved to acquire the property; second by Mr. Baker. Vote was unanimous.

Mr. Morris moved to authorize B.P. Barber, engineering consultants, to do the survey and engineering studies on the property to design the road; second by Mr. Baker. Vote was unanimous.

Mr. Morris moved to enter into a contract with D.H. Griffin, the primary owner of Southeast Resource Recovery, Inc., to accept a contribution from the company to help build a heavy duty paved road across the property from Highway 121 to a new entrance to the Helena Landfill site so as to get the traffic out of the Helena community and off of Drayton Street; second by Mr. Caldwell. Vote was unanimous.

FUTURE MEETINGS

Council Meetings: May 18, 2005, 7:00 p.m.

June 1, 2005, 7:00 p.m.

COMMENTS FROM COUNTY ADMINISTRATOR

No comments.

COMMENTS FROM COUNCIL MEMBERS

Mr. Dawkins passed out draft of letter to be put in paper explaining the reassessment process. Council members should get any changes to Chairman Hawkins by next Tuesday so it can be put in the paper.

Mr. Caldwell requested that Mr. Sossamon be instructed to look into the dedication of the DSS Building.

VOTE FOR ADJOURNMENT

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

ADJOURNMENT

The meeting adjourned at 9:35 p.m.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council