NEWBERRY COUNTY COUNCIL

MINUTES

JUNE 4, 2008

 

 

The Newberry County Council met on Wednesday, June 4, 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

                        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

                        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.

 

Mr. Summer called the meeting to order and determined a quorum to be present.

 

Mr. Summer called for a moment of silence for Tommy Hedgepath followed by the invocation and Pledge of Allegiance.

 

Mr. Summer announced that the Lifetime Service Award would be presented to John Caldwell by Carolina Scholarships, Inc. on Saturday, June 14, 2008, at 7:00 p.m. at the Columbia Metropolitan Center, 1101 Lincoln Street, Columbia and congratulated Mr. Caldwell on this recognition.

 

1.            Personal Appearances.

 

Mike Briggs, Central SC Alliance, handed out an activity report to Council and reviewed the activities and 17 projects of Central SC Alliance on behalf of Newberry County for the past year through January.  94%, or 16, were newcomers seeking to establish a new location.  One was a Newberry County based company looking to expand its business.  35%, or 6 were generated through the efforts of the South Carolina Department of Commerce.  41%, or 7, were generated by Central SC Alliance’s efforts directly.  The remaining 24% came either directly to the County or through another County developer. 

 

Out of the 17 projects that Central SC Alliance submitted Newberry County on in 2007, there are 4 still looking at a location in central South Carolina and in Newberry County.  Three of those are in decision pending status and one has been delayed.  

 

In Newberry County from 1994 to 2007 there has been $433 million investment announced in this county.  Jobs announced during that time period are just under 6,000. 

 

The 2007 capital investment is right around $190 million.  There was a large project at Louis Rich and 3 other projects in the County, one expansion and two new locations, and 1,200 jobs.  The average annual payroll for those projects announced in 2007 will be right at $28 million a year.  The estimated annual property tax benefit for those projects announced in 2007 should be just north of $4 million for the first year. 

 

Ben Mauldin, Director of Planning and Research at Central Midlands Council of Governments, introduced George Bistany, the new Community and Economic Development Manager.  Mr. Bistany has 19 years of experience in community development and most recently was with Lexington County as Community Development Administrator.  He also worked with the South Carolina Department of Commerce and the City of Columbia.

 

Mr. Bistany extended appreciation to Newberry County for its participation in the Council of Governments.  We are working closely with the Economic Development staff now on the Mid-Carolina Commerce Park Economic Development Application.  The EDA grant is in progress at the Economic Development Administration.  Some clarifications are needed, but the process itself is underway.  We are looking at a time frame of September or October.  Mr. Summer said we needed the grant before we could start on the park. 

 

2.            Adoption of Consent Agenda.

 

Mr. Livingston moved to adopt the consent agenda consisting of minutes of May 14 and May 21, 2008; second by Mr. Baker.  Vote was unanimous.

 

3.            Additions, Deletions and Adoption of Agenda.

 

Mr. Summer requested the addition of item 8.1, Executive Session for discussion of an economic development matter pertaining to agenda items 9 and 12, which is Trucast. 

 

Mr. Waldrop asked for the addition of item 12.1, discussion of resurfacing Plum Nelly Road, Paul Green Road and Yarborough Circle.  Also the addition of item 12.2, acceptance of Wildwood Drive and Whitaker Court into the county’s maintenance system.

 

Mr. Baker moved to adopt the agenda as amended; second by Mr. Dawkins.  Vote was unanimous.

 

4.            Ordinance #03-06-08:  An Ordinance amending Chapter 153 of the Newberry County Code of Ordinances setting forth special conditions for the use of recreational vehicles, and for 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. Adams recommended that Council strike paragraph 4(H) and insert the following paragraph in lieu thereof:

 

“Notwithstanding the foregoing, in those zoning districts that allow a manufactured home to be used as a temporary residence by the owner of the property during the construction of a permanent residence on the same property, recreational vehicles (RVs) may be used for the same purpose under the same conditions, restrictions, and regulations required for the manufactured home.  This provision does not apply to the RS-1A Zoning District, which prohibits the use of RVs.”

 

Mr. Hawkins moved to adopt the amendment; second by Mr. Waldrop.  Vote was unanimous.

 

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

 

5.            Ordinance #05-15-08:  An Ordinance amending Chapter 153 of the Newberry County Code of Ordinances, commonly known as the Zoning Ordinance, so as to add a new single family residential zoning district, to be known as RS-1A, and to define the permitted uses, conditional uses and special exceptions within the RS-1A Zoning District, and to make such other amendments to Chapter 153 of the Code of Ordinances as are necessary to incorporate this new zoning district within the zoning plans for Newberry County, 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 third reading; second by Mr. Dawkins.  Vote was unanimous.

 

6.            Ordinance #05-16-08:  An Ordinance amending Chapter 153 of the Newberry County Code of Ordinances altering the requirements for the conditional use of a manufactured home as a temporary residence during construction of a permanent residence in Zoning District R-2.

 

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

 

Mr. Caldwell moved for third reading; second by Mr. Dawkins.  Vote was unanimous.

 

7.            Ordinance #05-17-08:  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 4.31 acres designated as TMS Parcel Nos. 339-4-54 and 339-3-55, from General Commercial (GC) to Single Family Residential (RS-1).

 

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

 

8.            Ordinance #05-18-08:  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 a tract containing a total of one acre designated as TMS Parcel No. 698-24, from Single Family Residential (RS-1) to General Commercial (GC).

 

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

 

8.1            Executive Session.

 

Mr. Baker moved to go into Executive Session to discuss an economic matter relating to Trucast; second by Mr. Livingston.  Vote was unanimous.

 

[EXECUTIVE SESSION 7:20 P.M. – 7:41 P.M.]

 

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

 

9.            Ordinance #06-19-08:  An Ordinance authorizing certain economic incentives, including payment of a fee in lieu of property taxes and other related matters, pursuant to a Fee Agreement between Newberry County, South Carolina, and Trucast, LLC, a Limited Liability Company organized and existing under the laws of the State of Delaware, pursuant to Title 12, Chapter 44, Code of Laws of South Carolina, 1976, as amended, for a project involving an investment of not less than $5,000,000.

 

Mr. Caldwell moved for first reading; second by Mr. Hawkins.  Vote was unanimous.

 

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

 

11.            Ordinance #05-14-08:  An Ordinance to provide appropriations for the fiscal year beginning July 1, 2008 and ending on 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. Summer called for the public hearing.  There being no comments from the public, Mr. Summer declared the public hearing closed.

 

Mr. Hawkins said this morning Jimmy Coggins of WKDK was nice enough to provide an hour for a candidate’s forum.  Several of the candidates there were talking about lowering taxes and cutting out some of the spending.  Mr. Hawkins invited them to the public hearing tonight because it would seem if you are sincerely concerned about the taxpayers, you won’t wait twelve months.  If you have these great ideas, please come and share them.  Mr. Hawkins didn’t see any of the candidates present.

 

12.            Resolution #07-08:  A Resolution identifying a certain economic development project to be located and constructed in Newberry County, South Carolina by Trucast, LLC, a Limited Liability Company organized and existing under the laws of the State of Delaware, and authorizing a Fee Agreement by and between Trucast, LLC and Newberry County, South Carolina whereby, under certain conditions, Newberry County will provide certain economic development incentives to Trucast, LLC to induce Trucast, LLC to expand its existing manufacturing facility located in Newberry County, South Carolina.

 

Mr. Baker moved to adopt the Resolution; second by Mr. Dawkins.  Vote was unanimous.

 

12.1            Recommendation from Road Committee for repair/improvements to Plum Nelly, Paul Green and Yarborough Circle.

 

Mr. Waldrop reported the Road Committee met this afternoon at 5:00 p.m. and agreed that resurfacing of these three roads should go forward.  Mr. Baker said Plum Nelly was to be resurfaced and patching Paul Green and Yarborough Circle.  Mr. Waldrop said that was correct.  The Road Committee agreed to bring this before Council for its decision.

 

Mr. Dawkins moved to resurface Plum Nelly and patch Paul Green and Yarborough Circle in an amount not to exceed $35,000; second by Mr. Baker. 

 

Mr. Adams asked if we were to make the resurfacing money go as far as we can before we patch.  Are we to maximize the mix of patching and resurfacing?  Are we not to resurface any part of Paul Green and Yarborough Circle and only to patch?  Mr. Dawkins said if $35,000 permits it, but according to Mr. Whitehead the estimate is $25,000 for Plum Nelly and then the remainder be used not to exceed $35,000, if it will do that much.  

 

There being no further discussion, Mr. Summer called for the question.  Vote was unanimous.

 

12.2            Acceptance of Wildwood Drive and Whitaker Lane into the county road system.

 

Mr. Waldrop said the Road Committee recommends acceptance of these roads into the County system.

 

Mr. Hawkins moved to accept these roads into the county system; second by Mr. Dawkins.  Vote was unanimous.

 

13.            Committee Reports.

 

No committee reports.

 

14.            Appointments.

 

Mr. Livingston recommended the reappointment of Brent Connelly to the Newberry County Memorial Hospital Board.

 

There being no further recommendations, Mr. Waldrop moved to approve the nomination; second by Mr. Hawkins.  Vote was unanimous.

 

15.            Requests by Councilmen.

 

No requests. 

 

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

 

No comments from the public.

 

17.       Vote for Executive Session, When Necessary.

 

No further Executive Session needed.

 

18.            Executive Session.

 

19.            Necessary Action on Matters Discussed in Executive Session.

 

20.            Comments from County Administrator.

 

Mr. Adams reported that Jay Tothacer began duties as Interim County Attorney this week and will attend his first Council meeting next week.  He could not be with us today because of a previous engagement.  He will be here tomorrow morning at 10:00 a.m. for the Department Head meeting and any members of Council are welcome to come and attend if they so desire.  If there is a chance of a quorum, you might want to let Cindy Pitts know. 

 

20.            Comments from Council Members.

 

Mr. Hawkins asked if the media had any questions.

 

Heather Hawkins with WKDK asked if there were any other details about Trucast as to the fee and set rate.  Mr. Summer asked Teresa Powers to respond.  [Ms. Powers did not come to the microphone and her response was not picked up.]

 

Cindy Pitts asked about the landfill.  Mr. Summer said the Supreme Court has not issued a decision yet.

 

Mr. Livingston asked how much money was given to Newberry College to assist with the lighting of the baseball field and would like to know how much total the County contributed to that.  He was appalled at how much they wanted to charge the American Legion for participating on the field.  Debbie Cromer, Finance Director, will research this.

 

Mr. Summer talked with Phil Spotts of the Newberry County Historical Society and Museum.  They have an opportunity to get some of the farm equipment from the Bill Ballentine Estate but need a place to store it.  He will be at the next Council meeting to ask about letting them store that equipment at the Fairgrounds, maybe where the auction place is moving out.  It will need to be stored for up to a year until they find a place to put it. 

 

22.       Future Meetings:

 

Budget work session on June 11 at 4:00 p.m. and Council meeting on June 12 at 7:00 p.m. 

 

Mr. Summer reminded Council of On the Move with Margaret on June 16 at 9:30 a.m.

 

23.             Adjournment.

 

Mr. Baker moved to adjourn.  Mr. Summer declared the meeting adjourned at 7:55 p.m.

 

 

 

NEWBERRY COUNTY COUNCIL

 

 

                                                            ________________________________________

                                                            Henry B. Summer, Chairman

 

 

                                                            ________________________________________

                                                            Susan C. Fellers, Clerk to Council

 

APPROVED: