NEWBERRY COUNTY
COUNCIL
MINUTES
JUNE 7, 2006
The Newberry County Council met on Wednesday, June 7, 2006 at 7:30 p.m. in Council Chambers at the Courthouse Annex, 1309 College Street, Newberry, SC, for a regularly scheduled meeting.
Present were: Mike Hawkins, Chairman
William D. Waldrop, Vice-Chairman (late)
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
Susan C. Fellers, Clerk to Council
Debbie S. Cromer, Finance Director
Media: 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. Morris had the invocation followed by the Pledge of Allegiance
Adoption of Consent Agenda:
Mr. Waldrop moved to adopt the Consent Agenda; second by Mr. Baker. Vote was unanimous.
Additions, Deletions and
Adoption of Agenda:
The following amendments were made to the agenda:
1. Mr. Summer requested first reading of an ordinance to implement countywide reassessment and equalization (Agenda Item #9.5).
2. Mr. Morris requested the deletion of agenda items 13 and 14 because we don’t have the information needed to make decisions. Mr. Summer asked how much longer these items would be delayed, and Mr. Morris indicated between two to four weeks.
There being no further additions or deletions, Mr. Morris moved to adopt the agenda as amended; second by Mr. Dawkins. Vote was unanimous.
Senator Ronnie Cromer reported as follows regarding property tax issues:
1. A one cents sales tax increase to become effective June 2007 will eliminate all of the school operating and maintenance portion of the property tax bill for all counties on owner occupied homes. The money left over will go back to the counties on some equalization basis for county operating and maintenance.
2. Taxes on groceries will be reduced from five cents to three cents to be implemented in October 2006.
3. There will be a sales tax holiday the Friday and Saturday after Thanksgiving for anything and everything.
4. A Senate bill to cap reassessment at 15% was ratified today. If you do not reassess this year, when you reassess your maximum increase in value of a piece of property is 15%. This is a constitutional amendment and will have to be on the November ballot in order for it to be changed in the Constitution.
Mr. Morris asked if the reassessment cap was only on owner occupied homes. Senator Cromer indicated the reassessment cap would be on everything.
Mr. Summer asked if the penny sales tax for school operating was capped at $500,000,000. Senator Cromer advised there was no cap. Nobody will get less than $2,500,000 in a county, which will help some of the poorer school districts and counties.
Senator Cromer advised that counties could still implement a local option sales tax for all classes of property other than owner occupied for school operating and maintenance or county operating and maintenance.
Mr. Summer asked if it affected the ability to have a capital project sales tax. Senator Cromer stated it did not and if one was already implemented, it stays in place.
Mr. Hawkins asked if under the provisions that have passed the General Assembly, would we be able to exceed the Consumer Price Index if needed next year. Senator Cromer stated there were some exceptions such as mandates that might be put on the counties by the Legislature, catastrophes, loss of a huge business or taxpayer in the county, but for the most part counties will have to stick with the Consumer Price Index. Senator Cromer advised the growth in the county is added to the Consumer Price Index to give additional abilities to increase the budget.
Mr. Baker asked if the county grows 10%, do we add 10%. Senator Cromer advised there is a percentage that is figured into the formula, but he didn’t know the formula without reviewing the bill.
Representative Walt McLeod had diligently strived and been very vocal in support of local government but more than 50% of the members of the House scorn local governments. School operating taxes will be eliminated from owner occupied dwellings; however, commercial, rental, passenger vehicles, light cars and trucks will remain at 6%; industrial properties will remain at 10.5%; business equipment will remain at 10.5%; heavy trucks, motorcycles, boats and airplanes will remain at 10.5%. Those types of properties will continue being taxed as in the past.
For 2005-2006 the Newberry County School District from the State Government in the form of the Educational Finance Act received $22,300,000. Lexington District 5 received $56,3000,000.
For the current year Newberry County School District received $23,000,000; Lexington District 5 received $58,000,000.
For 2007-2008 the figures are not yet available but for the school year 2006-2007 Newberry County School District is destined to receive $2,500,000 in replacement money for money that was collected on owner occupied dwellings.
For this year Newberry County would have the right to levy assessment taxes under the current year, but when this Bill is signed, 5% is the most Newberry County could do.
He felt that because of the capital sales tax, Newberry County would still have the extra penny on unprepared food.
1. 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. Summer moved for third reading; second by Mr. Morris. Vote was unanimous.
2. 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. Klugh reviewed the following amendments:
1. Fund 60% of the salary of the interpreter at the Health Department with the State providing the other 40%.
2. Move additional funds provided for fuel, gas and diesel fuel from the various departments to an overall account that would be used to provide funds to the department as needed. The final cost per gallon as budgeted was $3.00 per gallon.
3. The medically indigent program will cost the county $9,114 less than this past year.
4. Allocation of additional funds for Magistrates, who recently received certification and an increase is in order for them.
5. Approved reclassification of the Grant Support Administrator from a Grade 20 to a Planner at Grade 18.
6. Approved reclassification of the Zoning Administrator from a Grade 20 to a Planning and Zoning Administrator at Grade 22.
Mr. Dawkins moved to amend the budget as outlined above; second by Mr. Baker. Vote was unanimous.
Mr. Pope reviewed the following amendments to the provisos:
1. The County Administrator can only approve contracts up to $40,000.
2. Delete provision relating to the County Administrator creating jobs without consulting Council.
3. Delete provision relating to carry over of net positive adjustments from anticipated salary expenditures for fiscal year 2005-2006.
Mr. Baker moved to adopt amendments to the Provisos; second by Mr. Dawkins. Vote was unanimous.
Mr. Summer moved for third reading as amended; second by Mr. Baker.
Mr. Morris read a statement into the record addressing the difficulties with the budget for the upcoming year.
Mr. Hawkins advised fuel and utility costs have increased as well as worker’s compensation, and departments were cut to offset that. Taxes have to go up because we dipped into the savings account for the last two years.
Mr. Dawkins stated the budget before Council now is 2.6% higher than last year’s budget. The things out of Council’s control increased by approximately 12% to 14% but the overall budget has been cut between 9.5% and 10% of what it was last year.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
3. An Ordinance to provide appropriations for the fiscal year beginning July 1, 2006 and ending June 30, 2007 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 to fund Piedmont Technical College an additional $18,270; second by Mr. Waldrop. Vote was unanimous.
Mr. Caldwell moved to fund the Library an additional $6,785 for employee salary increases; second by Mr. Morris. Vote was unanimous.
Mr. Waldrop moved for third reading as amended; second by Mr. Dawkins. 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 two (2) acres designated as a portion of TMS Parcel No. 450-13 from Rural (R-2) to General Commercial (GC).
Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Caldwell 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 two (2) acres designated as a portion of TMS Parcel No. 422-17 from Rural (R-2) to General Commercial (GC).
Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Dawkins moved for third reading; second by Mr. Waldrop. Vote was unanimous.
6. 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. Baker moved for third reading; second by Mr. Waldrop. Vote was unanimous.
7. 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” to be entered into between Greenwood County and Newberry County, in order to create a joint county industrial and business park, pursuant to Article VIII, Section 13, of the South Carolina Constitution, 1976, as amended, which will contain properties geographically located within the boundaries of Greenwood and Newberry Counties, as specified in the Agreement.
Mr. Pope requested that third reading be postponed.
Mr. Morris moved to postpone; second by Mr. Dawkins. Vote was unanimous.
8. An Ordinance to amend the text of the Newberry County Zoning Ordinance No. 12-24-01 so as amend Article 9 to further regulate the size of church signs.
Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Waldrop moved for second reading; second by Mr. Morris. Vote was unanimous.
9. An Ordinance to amend the budget ordinance for the 2005-2006 fiscal year, Ordinance No. 06-18-05, so as to incorporate certain supplemental revenues and appropriations into the budget for the current fiscal year.
Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Caldwell moved for second reading; second by Mr. Morris. Vote was unanimous.
9.5 An Ordinance to implement countywide reassessment and equalization for the 2006 tax year.
Mr. Summer moved for first reading; second by Mr. Baker.
Mr. Summer felt it was important to move forward. If not, we will get stuck with the 15% cap on 1999 valuations every 5 years. The 15% cap is a terrible idea that will probably pass by the voters. This will affect all real property, which means as we have commercial development, it will be limited to a 15% increase every five years. This Bill should be called “Leave no Shopping Center Behind.”
Mr. Dawkins understood the argument of the 15% cap under the 1999 assessment rather than the 2004; however, he did not have confidence in the methodology of coming up with the values of houses. They say the problems have been corrected, but they haven’t been corrected on the reassessment notices that have already gone out.
Mr. Hawkins shared Mr. Dawkins’ concerns, but Council’s back is against the wall and something has to be done now.
There being no further discussion, Mr. Hawkins called for the vote. Voting for the motion: Councilmen Hawkins, Waldrop, Caldwell, Summer, Morris and Baker. Voting against the motion: Councilman Dawkins. Motion passed by majority vote.
10. Committee Reports.
No reports.
11. Appointments.
Mr. Caldwell nominated Terry Greene for reappointment to the Board of Rescue Squads.
There being no other recommendations, Mr. Waldrop moved to approve the nomination; second by Mr. Baker. Vote was unanimous.
12. Approval of nomination of Dr. Duncan Holaday to represent the medical staff on the Newberry County Memorial Hospital Board of Trustees.
Mr. Morris moved to approve the nomination of Dr. Duncan Holaday; second by Mr. Waldrop. Vote was unanimous.
13. Report on Newberry Soil and Water Conservation District Building – J.E. Klugh, Acting Administrator.
Deleted.
14. Report on costs of maintaining County Agriculture Building – J.E. Klugh, Acting Administrator.
Deleted.
15. Consideration of approval of lease extension through September 30, 2007 for Farmers Market at the County Fairgrounds to Clemson Extension.
Mr. Waldrop moved to extend the lease through September 30, 2007; second by Mr. Morris. Vote was unanimous.
16. Acceptance of grant award under the Justice Assistance Grant Program entitled “Newberry County Sheriff’s Office Rural Crime Enforcement Team” in the amount of $36,654.
Sheriff Foster advised this was phase two of a grant they received last year, and the money for the match is in the budget.
Mr. Waldrop moved to accept the grant award; second by Mr. Morris. Vote was unanimous.
17. Consideration of request for QA rate from Steve Dominick.
Mr. Hawkins advised this was the first year Mr. Dominick has owned the property, and he didn’t meet the deadline for applying for the agricultural rate. Mr. Dominick states he didn’t receive the notice telling him it had to be done by a certain date, and the only way it can be done now is for County Council to approve it.
Mr. Baker moved to approve the request; second by Mr. Morris.
Mr. Hawkins stated he qualified for the rate but just didn’t make the deadline.
Mr. Dawkins felt it was the right thing to do but there was a deadline just like on the reassessment and asked if we could extend their deadline, too. Mr. Hawkins advised him to make that motion at the proper time.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
No comments.
Mr. Dawkins requested that the extension of the appeal time for reassessment be put on the next agenda.
Mr. Baker moved to adjourn; second by Mr. Morris. Vote was unanimous.
Meeting adjourned at 8:20 p.m.
NEWBERRY COUNTY COUNCIL
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Mike Hawkins, Chairman
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Susan C. Fellers, Clerk to Council