NEWBERRY COUNTY COUNCIL
MINUTES
JUNE 15, 2005
The Newberry County Council met on Wednesday, June 15, 2005, at 7:00 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.,
Gary T.
Pope,
Susan C.
Fellers, Clerk to Council
Media: Cindy Pitts, The
Newberry Observer
Heather
Hawkins, WKDK
Cassie
Fowler, Whitmire News
Notice of the meeting was duly advertised as required by law.
Chairman Mike Hawkins called the meeting to order and determined a quorum to be present.
Gary T. Pope,
Mr. Hawkins requested the following changes:
1. Agenda Item No. 5 be moved to Agenda Item No. 1
2. Agenda Item No. 1 become Agenda Item No. 1.5
3. Add an economic development matter (13) and legal matter (14) to the Executive Session
Mr. Dawkins requested the postponement of third reading of Agenda Item No. 3.
There being no further additions or deletions, Mr. Morris moved to adopt the agenda as amended; second by Mr. Baker. Vote was unanimous.
1. An Ordinance to
postpone the implementation of countywide reassessment ` and equalization until the 2006 tax year.
Speaking in favor of postponement of the reassessment were the following persons: Edith Pikus, R.F. Green, Howard Thomes, Raymond Clark, Jr., Bob Crowley, Ron & Ann Powell, Mary Arrowood, Ronnie Hydrick, Wyman Cook, and Elaine Kohler.
Curtis Hipp, who had signed up, waived his right to speak.
Andy and Rosemary Shull signed up to speak, but were a no show at the time their names were called.
Mr. Dawkins felt the methodology used in calculating values was wrong, unfair and there was no equalization and was in favor of postponing reassessment and evaluating the entire process
Mr. Baker was also in favor of postponing reassessment.
Representative Walt McLeod advised if the State Legislature passes the additional sales tax, it would make real estate exempt from school operational costs. Real property would still be eligible for county ordinary. The leaders in the House want to stall the additional sales tax. Representative McLeod was optimistic about the additional sales tax passing during next year’s session.
Mr. Dawkins moved for first reading of the ordinance to postpone reassessment; second by Mr. Morris.
Mr. Summer requested that the motion be amended to require the Tax Assessor to attend each and every County Council meeting to present a status report on the progress of the reassessment process. Mr. Waldrop seconded the amendment. Vote was unanimous.
Mr. Hawkins called for the question on first reading of the Ordinance. Vote was unanimous.
Mr. Morris moved that between now and July, County Council draft a Resolution requesting that the Legislative Delegation look at comprehensive tax reform; second by Mr. Baker. Vote was unanimous.
[BREAK 8:27 P.M. – 8:40 P.M.]
1.5 An
Ordinance amending Ordinance No. 52 by implementing a revised Stormwater Management
and Sediment Control Plan for
Mr. Hawkins called for the public hearing.
Boyd Thomas inquired as to the
cost to the homeowner. Tom Brooks, Flood
Administrator for
Mr. Pope advised that current fees would be whatever the State charges for the same permits. This is a program the County is taking over from DHEC.
There being no further comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Hawkins moved to postpone third reading until we have a fee schedule; second by Mr. Baker.
Mr. Pope advised Council that we couldn’t have a fee schedule until we have an ordinance in place, and there is some urgency to have this in place by July 1.
Mr. Baker rescinded his second, but Mr. Hawkins did not rescind his motion. Accordingly, Mr. Dawkins seconded the motion for postponement.
Voting in favor of postponement
was Councilmen Hawkins and Dawkins.
Voting against postponement were Councilmen Waldrop,
Mr. Morris moved for third
reading; second by Mr. Summer. Voting
for third reading: Councilmen Waldrop,
2. An
Ordinance amending the Ordinance adopting and enforcing approved changes to the
latest approved editions of the International Building Codes, so as to
incorporate the most recent approved changes to those codes.
Mr. Hawkins declared the public hearing open. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Dawkins moved for third
reading; second by Mr. Baker. Voting for
third reading: Councilmen Waldrop,
3. An
Ordinance to create an Emergency Services Board, and to provide for the
membership thereof, and the powers and duties of the Board, and to dissolve the
Board of Rural Fire Control and the Board of Rescue Squads, and to adopt the
National Incident Management System as the local standard for emergency and
incident response.
Postponed to next Council meeting.
4. An
Ordinance to require that certain information be provided with deeds to certain
types of real property in Newberry County as to the availability of existing
sewer service or the ability of the property to support a private sewer system,
and to provide penalties for the violation thereof.
Mr. Hawkins called for the public hearing.
Henry Bufkin, Attorney, spoke against this ordinance and felt the ordinance to be overbearing and that it would involve the county in a way that it might assume some liability. If this ordinance is passed, it would make the Clerk of Court responsible for evaluating whether or not sewer or services exist in certain places. Also, deeds could be rescinded up to 90 days after the fact.
Mr. Pope advised that the buyer would have the right to rescind. He will meet with the Clerk of Court before the next meeting to discuss her concerns with this ordinance
Mr. Hawkins declared the public hearing closed.
Mr. Baker moved to postpone second reading until the meeting of July 6, 2005; second by Mr. Waldrop. Vote was unanimous.
5. Moved
to Agenda Item No. 1.
6. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel Nos. 339-4-6, 339-4-8, 339-4-9, 339-4-10 and 339-4-11 from General Commercial (GC) to Single Family Residential (RS-3).
Mr. Baker moved for first reading; second by Mr. Dawkins. Vote was unanimous.
7. An
Ordinance to amend the Official Zoning Map established pursuant to Zoning
Ordinance No. 12-24-01 so as to rezone TMS Parcel Nos. 592-3-1 through 592-3-33
from Single Family Residential (RS-1) to Single Family Residential (RS-3).
Mr. Dawkins moved for first reading; second by Mr. Baker. Vote was unanimous.
8. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel No. 523-16 from Rural (R-2) to Light Industrial (LI).
Mr. Dawkins moved for first reading; second by Mr. Baker. Vote was unanimous.
8.1 Resolution regarding
confidentiality of certain information.
Mr. Pope advised that this Resolution would declare reports from persons who felt someone else’s property not assessed properly to be confidential and would not be disclosed to anyone outside of the Tax Assessor’s staff.
Mr. Morris moved to adopt the Resolution; second by Mr. Dawkins. Vote was unanimous.
9. Committee Reports.
No reports.
10. Appointments
Mr. Baker (District 1) recommended the following appointments:
Community
Hall Commission –
Disabilities and Special Needs – William Braswell
Fairgrounds – Harvey Kinard
Recreation Commission – Laura Kendrick and Wayne Boulware
Westview – Reverend Edward Jeter
Mr. Summer (District 5) recommended the following appointments:
Disabilities and Special Needs – Bill Floyd
Mr. Waldrop moved to adopt the recommendations; second by Mr. Baker. Vote was unanimous.
11. Maintenance
of road and storm drain system at the intersection of
Mr. Summer moved to enter into the agreement with the City; second by Mr. Dawkins.
Mr. Morris expressed concern about receiving any support from the CTC for maintenance of the road after it is paved.
Mr. Baker stated he would vote against this because of the process by which the road was put in.
Mr. Hawkins called for the
question. Voting in favor: Councilmen Hawkins, Waldrop,
Mr. Morris moved to go into Executive Session to discuss the following matters: personnel, economic development and legal. Vote was unanimous.
[EXECUTIVE SESSION 9:16 P.M. –
10:45 P.M.]
Mr. Dawkins moved to return to regular session; second by Mr. Waldrop. Vote was unanimous.
12. Personnel.
13. Economic Development.
14. Legal.
Roads Committee Meeting: Wednesday, June 29, 2005, 10:00 a.m.
Council Workshop: Thursday, June 30, 2005, 7:00 p.m.
Council Meetings: July 6, 2005, 7:00 p.m.
July 27, 2005, 7:00 p.m.
No comments.
Mr. Dawkins requested permission of Council to rescind his vote on Agenda Item No. 1.5 and that he be allowed to vote in favor of the stormwater management.
Mr. Morris moved to allow Mr. Dawkins to change his vote; second by Mr. Summer. Voting in favor of the motion: Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker were agreeable to Mr. Dawkins changing his vote. Councilman Caldwell abstained. Motion passed by majority vote.
Mr. Morris announced a meeting on June 29, 2005 with Clemson Extension and the Forestry Commission to discuss Lynch’s Woods.
Mr. Hawkins announced the Central SC Alliance Board Meeting scheduled for June 29, 2005.
Mr. Morris moved to adjourn; second by Mr. Baker. Vote was unanimous.
Meeting adjourned at
10:55 p.m.
NEWBERRY
COUNTY COUNCIL
_________________________________________
Mike
Hawkins, Chairman
________________________________________
Susan
C. Fellers, Clerk to Council