NEWBERRY COUNTY COUNCIL

MINUTES

MAY 7, 2008

 

 

The Newberry County Council met on Wednesday, May 7, 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 (arrived at 7:10 p.m.)

                        William D. Waldrop, Vice-Chairman

                        John E. Caldwell, Councilman

                        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

                       

Notice of the meeting was duly advertised as required by law.

 

In the absence of Mr. Summer, Mr. Waldrop, Vice-Chairman, called the meeting to order and determined a quorum to be present.

 

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

 

  1. Personal Appearances.
    1. Solicitor’s Worthless Check Program.

 

Jerry Peace, Solicitor for the Eighth Judicial Circuit, said the purpose of this program was to assist merchants and citizens in the collection and prosecution of worthless checks, and he would like to implement this program in Newberry County. 

 

Merchants who choose to participate in the program first call the person who wrote the bad check to give them an opportunity to come by and pay it.  If there is no response, then the merchant will fill out a form and send it to the Solicitor’s Office, who in turn handles everything.  Two letters will be sent by the Solicitor’s Office.  If the person does not respond to either of those letters, the Solicitor’s Office obtains a warrant and prosecutes the case. 

 

The total fee collected on each worthless check is $121.  The merchant gets the amount of the bad check plus a $30 administrative fee.  For every check collected $41 of the fee goes to the county. 

 

This program has been in effect in Greenwood County for the past three years, and they have collected over $400,000 in restitution and fees for the merchants in Greenwood.  Of the amount collected, Greenwood County received over $80,000.

 

Mr. Hawkins moved to approve the Worthless Check Unit Agreement; second by Mr. Baker.  Vote was unanimous.

 

    1. Harvest Hope Food Bank.

 

Jeff and Shelvy Ham established a Helping Hands Food Bank at St. James AME Church on Highway 176 in Pomaria.  There are seven of these food banks throughout Newberry County.  270,000 pounds of food was distributed last year from all of the food banks in the county, which is a 19.8% increase from 2006 in pounds of food distributed.  The food bank serves approximately 4,518 families, which is an increase of 28.4% from 2006.  The average number of families served over the past four-year period is 3,033.  The food bank is open to all persons who are in need of food for whatever reason.

 

  1. Adoption of Consent Agenda.

 

Mr. Waldrop moved to adopt the Consent Agenda consisting of minutes of April 16, April 23 and April 30, 2008; second by Mr. Livingston.  Vote was unanimous.

 

  1. Additions, Deletions and Adoption of Agenda.

 

Under Executive Session:

 

There being no further amendments to the agenda, Mr. Waldrop moved to adopt the agenda as amended; second by Mr. Dawkins.  Vote was unanimous. 

 

  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. Baker moved for third reading; second by Mr. Dawkins.  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). 

 

Mr. Hawkins moved to approve the findings and recommendation of the Planning Commission and to give this ordinance third reading; second by Mr. Dawkins.  Vote was unanimous.

 

  1. Ordinance #04-12-08:  An Ordinance amending Chapter 154 of the Newberry County Code of Ordinances, commonly known as the Newberry County Subdivision Regulations, so as to simplify the method of approving surety bonds submitted in lieu of completion of subdivision improvements, including amendments to Sections 154.024(b)(4), 154.063 (a) and (e) and the addition of Section 154.063(1) and other matters related thereto.

 

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

 

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

 

  1. Ordinance #05-13-08:  An Ordinance to provide appropriations for the fiscal year beginning July 1, 2008 and ending June 30, 2009 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. Caldwell moved for first reading; second by Mr. Dawkins.  Vote was unanimous.

 

  1. Ordinance #05-14-08:  An Ordinance to provide appropriations for the fiscal year beginning July 1, 2008 and ending June 30, 2009 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 the borrowing in anticipation of tax collections by the issuance of one or more Tax Anticipation Notes.

 

Mr. Baker moved for first reading; second by Mr. Hawkins.

 

Under discussion, the following amendments were proposed and approved:

 

a.         Under “Section XI. J.F. Hawkins/Springfield Place – Enterprise Fund,” strike the existing language in the last sentence of this paragraph and replace it as follows:

 

Existing Language:

Also hereby enacted is an annual increase of 5% on all private-pay patient charges, effective April 1, 2009.

 

 

                        New Language:

This budget includes a projected 5% increase on private-pay patient rates, effective April 1, 2009; this rate increase will be subject to approval by County Council prior to its enactment.

           

Mr. Livingston moved to approve this amendment; second by Mr. Waldrop.  Vote was unanimous.

 

b.            Proposed Budget (Proviso) Amendment:

 

PROVIDED FURTHER, that actual miles traveled and submitted by County employees on the appropriate travel voucher shall be reimbursed at a rate of 44 1/2 cents per mile.   If the federal rate, now at 44 1/2 cents as of January 1, 2007, shall go down, the rate paid by the County shall go down appropriately and proportionally. the same rate established by the Internal Revenue Service for federal employees. If a County vehicle is offered and available and the employee refuses, the employee shall not be reimbursed for miles traveled.  Unless otherwise approved by Council, the per diem allowance for meals for County personnel traveling on official County business shall be fixed at the rate of $35.00 per day or breakfast $6.00, lunch $8.00 and dinner $21.00.  Personnel staying for a period of 24 hours or more shall be paid on the per diem rate less any meals that may be provided as a part of the conference/meeting.  No receipts for meals are necessary.  Allowable lodging costs for required overnight travel shall be determined by Council or by the County Administrator from time to time.  For travel for less than 24 hours, personnel will be reimbursed for actual costs and receipts will be required, provided, however, that reimbursement will not be for more than the specified per diem rate per meal.  Employees should turn in travel vouchers monthly for daily re-occurring travel by the tenth (10) day of the month following and should turn in travel vouchers for special trips taken within ten (10) days following the return to one’s duty station.  In the event that these forms are not received by the Finance Department in the appropriate time, County reimbursement of travel expenses may be disallowed to the employee.  Without the approval of the Administrator, no employee may draw advance travel funds before taking a special trip, and any funds advanced must be strictly accounted for at the conclusion of the trip.

 

Mr. Baker moved to approve this amendment; second by Mr. Waldrop.  Vote was unanimous.

 

      c.         For each fuel expenditure line item indicated in the chart below, strike the proposed funding amount and replace it with the corresponding funding amount listed in the fuel line item chart under the column labeled “New FY 08-09 Amount,” for a total increase in fuel expenditures of $51,900.          

 

 

 

 

 

                              (A.)               Projected Increases in Fuel Costs

 

Department

Fuel Cost Line Items

YTD

April

New

FY 08-09

FY 08-09

 

 

Thru March

Thru June

FY 08-09

Budget

Amend.

 

 

 

 

Amount

Admin Draft

for 1st Rd.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessor

010-010-03300-03130

3,431

1,258

5,158

6,000

842

Delinquent

010-010-03400-03130

966

354

1,452

500

-952

Planning & Zoning

010-010-03500-03130

1,431

525

2,152

2,720

568

Building Inspection

010-010-03600-03130

3,332

1,222

5,010

4,500

-510

Sheriffs Dept

010-010-06100-03130

149,008

54,636

224,009

231,000

6,991

Animal Control

010-010-06210-03130

9,713

3,561

14,602

12,000

-2,602

Board of Rescue

010-010-07300-03130

12,056

4,421

18,125

15,000

-3,125

Board of Fire Control

010-010-07500-03130

22,393

8,211

33,664

30,000

-3,664

Public Works

010-010-08100-03130

22,814

8,365

34,297

36,000

1,703

Public Works Diesel

010-010-08100-03131

73,125

26,812

109,931

57,000

-52,931

Collections

010-010-08111-03130

2,769

1,015

4,162

5,500

1,338

Collections – Diesel

010-010-08111-03131

959

352

1,441

4,000

2,559

First Vehicle

010-100-08120-03130

2,751

1,009

4,136

4,000

-136

Building Maintenance

010-010-08130-03130

1,967

721

2,957

4,000

1,043

Custodian Dept

010-010-08160-03130

1,513

555

2,275

2,215

-60

Ambulance

010-010-14250-03130

29,532

10,828

44,397

41,432

-2,965

 

TOTAL

337,761

123,846

507,767

455,867

-51,900

 

                        (B.)      Funding Projected Increases in Fuel Costs

 

Make the following reductions in expenditure line items to offset projected fuel cost increases:

              

            Department                Line Item                  Description                 Amount

 

            Public Works              010-010-08100-03241  Interchange Mulch   $ 30,000

            Workers’ Comp. Ins.            Various Line Items*        Premiums                     $ 21,900                         Total                                                                                                    $ 51,900

             

Departmental line items will be reduced accordingly.  Overall, Workers’ Compensation Insurance are over-funded in the administrator’s draft by a total amount of $63,140, based on estimates received within the past week. 

 

(C.)            Adjustments to Other Affected Line Items

 

Adjust departmental line items for Workers’ Compensation Insurance as indicated above; add $41,240 to line item 010-010-15000-02011 (Council Contingency).   

 

Mr. Dawkins moved to approve this amendment; second by Mr. Hawkins.  Vote was unanimous.

 

 

 

            d. Increase expenditure line item 010-010-11100-01010 by $30,000 to provide for a 4-H Program Agent under the direction of the Clemson Extension Service.

 

            Increase revenue line item 010-010-00040-00413, county ordinary current-year property taxes, by $30,000 (approximately 0.3 mills) to fund expenditure increases associated with the above item.

 

            This amendment requires an increase in property taxation over the rate proposed in the original budget draft, raising the increase from 3.0 mills – a 2.2% increase over the prior year’s levy – to 3.3 mills – a 2.4% increase over the prior year’s levy.         

 

Mr. Waldrop moved to approve this amendment; second by Mr. Baker. 

 

During discussion Mr. Livingston made a substitute motion to accept as it is but direct the County Administrator to find $30,000 to cut elsewhere in the budget.  After further discussion, Mr. Livingston withdrew his substitute motion.

 

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

 

            e.            Proposed Budget (New Proviso) Amendment:

 

PROVIDED FURTHER, that all non-specified capital sums appropriated for the Board of Rescue Squads will be expended based on an annual capital expenditure plan developed jointly by the Emergency Services Director, the County Administrator, and the Chairman of the Board of Rescue Squads, with such plan requiring the approval of County Council prior to being implemented.    

 

Mr. Hawkins moved to approve the amendment; second by Mr. Dawkins.  Vote was unanimous.

 

Mr. Waldrop moved to approve first reading as amended; second by Mr. Baker.  Voting for the motion:  Councilmen Summer, Waldrop, Caldwell, Hawkins, Baker and Livingston.  Voting against the motion:  Councilman Dawkins.  Motion passed by majority vote.

 

  1. Committee Reports.

 

No reports.

 

  1. Appointments.

 

No appointments.

 

 

 

  1. Consideration of acceptance of bid for helicopter pad and extension of N. Mill Street at Little Mountain Rescue/Fire Department.

 

Crystal Waldrop, Purchasing Director, presented bids received for the helicopter pad and extension of North Mill Street and recommended the approval of the low bid from Willingham Landscape and Asphalt in the amount of $2,995 for the helicopter pad and $6,995 for the extension of North Mill Street.  Ms. Waldrop said the Public Works Director, Tommy Whitehead, told her the $6,995 would be funded by CTC funds.  The only amount to be funded by the County would be the $2,995 for the helicopter pad.

 

Mr. Adams advised that the $2,995 could be funded from either Council contingency or from under expenditure of the EMS budget, which was discussed at the last work session.  Mr. Dawkins advised that the goal of the Emergency Services Board was to have designated helicopter sites throughout the County.

Mr. Dawkins moved to accept the bid of Willingham Landscape and Asphalt; second by Mr. Waldrop.  Vote was unanimous.

 

  1. Consideration of approval of Agreement for the enforcement of building codes by Newberry County in the Town of Whitmire.

 

Mr. Waldrop moved to approve the agreement; second by Mr. Baker.  Vote was unanimous.

 

  1. Acceptance of FAA Grant Offer in the amount of $2,000,000 for construction of runway 04/22, Phase III (Paving, Marking and Lighting for new 4,000 foot by 75 foot runway and stub taxiway connectors.  Project Application #3-45-0066-07-2008)

 

Mr. Baker moved to accept the grant offer; second by Mr. Waldrop.  Vote was unanimous.

 

  1. Requests by Councilmen.

 

None.

 

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

 

Boyd Thomas advised that he had not been allowed to apply for the 4% assessment and requested Council’s assistance on this matter.  Mr. Summer asked the County Administrator to check on this and get back with Mr. Thomas.

 

  1. Vote for Executive Session, When Necessary.

 

Mr. Hawkins moved to go into Executive Session to discuss a contractual matter concerning the fairgrounds property, a legal matter, and another legal matter concerning attorney fees; second by Mr. Baker.  Vote was unanimous.

 

[EXECUTIVE SESSION 8:08 P.M. – 8:52 P.M.]

 

(MR. POPE LEFT DURING EXECUTIVE SESSION)

 

  1. Executive Session.

a.            Contractual concerning fairgrounds property.

b.            Legal.

c.            Legal concerning attorney fees.

 

Mr. Waldrop moved to return to open session; second by Mr. Livingston.  Vote was unanimous.

 

  1. Necessary Action on Matters Discussed in Executive Session.

 

No action necessary. 

 

  1. Comments from County Administrator.

 

No comments.

 

  1. Comments from Council Members.

 

No comments.

 

  1. Future Meetings.
    1. Recreational vehicles work session: May 8, 2008, 7:00 p.m.
    2. Council Nursing Home Committee: May 14, 2008, 4:00 p.m.
    3. Budget work session: May 14, 2008, 7:00 p.m.
    4. County Council: May 21, 2008, 7:00 p.m.

 

  1. Vote to Adjourn.

 

Mr. Waldrop moved to adjourn.

 

  1. Adjournment.

 

Mr. Summer declared the meeting adjourned at 8:56 p.m.

 

                                                            NEWBERRY COUNTY COUNCIL

 

 

                                                            ________________________________________

                                                            Henry B. Summer, Chairman

 

 

                                                            ________________________________________

                                                            Susan C. Fellers, Clerk to Council

 

APPROVED:            May 21, 2008