NEWBERRY COUNTY
COUNCIL
MINUTES
JULY 19, 2006
The Newberry County Council met on Wednesday, July 19, 2006 at 7:00 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
John E. Caldwell, Councilman
Henry B. Summer, Councilman (late – arrived 7:08 p.m.)
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
Media: Heather Hawkins, WKDK
Lee Gray, Newberry Observer
No representation from 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. Councilman Henry Summer advised that he would be about 15 minutes late.
Mr. Waldrop had the invocation followed by the Pledge of Allegiance
The following amendments were made to the agenda:
Ř Under Executive Session, add 2 legal matters, 1 personnel matter, 1 economic development matter and 1 contractual matter.
There being no further additions or deletions, Mr. Morris moved to adopt the agenda as amended; second by Mr. Caldwell. Vote was unanimous. (Mr. Summer - absent)
1. Approval of Comprehensive Economic Development Strategy (CEDS) – Robin Cooley, Central Midlands Council of Government.
Ms. Cooley explained the list of priorities and requested approval by County Council.
Mr. Dawkins moved to approve; second by Mr. Baker. Vote was unanimous. (Mr. Summer – absent).
2. Acceptance of Grant Agreement for funding under the Regional Planning Program – Robin Cooley, Central Midlands Council of Government.
Ms. Cooley advised this grant award was issued in the last week or two by the Governor and that there was no match requirement for the grant. She requested acceptance by Newberry County.
Mr. Morris moved to accept the grant; second by Mr. Waldrop. Vote was unanimous. (Mr. Summer – absent).
[Mr. Summer arrived at 7:08 p.m.]
3. Approval of grant position – Jerry Wright, Sheriff’s Office, and Jackie Bowers, Clerk of Court.
Ms. Bowers, along with Jerry Wright, requested approval of Council to use IV-D federal funds to hire a process server in the Sheriff’s Office, who would devote most of his/her time to that process and get more service in the child support area of Family Court. She and Sheriff Foster came to an agreement that it would be a county position to be paid from the IV-D funds. Any IV-D funds left over at the end of the fiscal year revert into the General Fund, and any incentives earned remain with the Clerk of Court.
Mr. Morris moved to approve the request; second by Mr. Dawkins. Vote was unanimous.
The persons who signed up under public comments want to speak on the skirting of mobile homes. Mr. Hawkins asked if it was agreeable with them to proceed to agenda item number 4 and allow them to speak under the public hearing portion of that item. There was no objection.
4. An Ordinance to amend the text of the Newberry County Zoning Ordinance No. 12-24-01 so as to amend the conditional use regulations of the R-2, RS-3, RS-4 and RG Zoning Districts so as to specify the type of skirting to be used to cover the underpinning of manufactured homes.
Mr. Hawkins called for the public hearing.
Steven McKean stated the lattice work was unclean in a way, held no residual insulation value for any type of home and was basically useless. He asked Council to consider that the two major development issues for $9.4 million currently on the table for Newberry County and felt it would be the best interest of the county to proceed and give it the cleaner image.
Steven Hendrix, 800 Pettus Lane, spoke against lattice work being permitted on any type of home.
Mr. Morris asked Mr. Pope if the current ordinance for stick built homes allows skirting around the entire structure or only on decks and porches. Mr. Pope advised this ordinance only deals with mobile homes. Stick built homes would be dealt with by the Building Code. David Ashworth would have to address that issue because it is an International Building Code issue except as it relates to flood plain management where you can have lattice work.
Mr. Morris stated the issue had come up as to whether we would allow one standard for one and a different standard for another.
Elaine Webb was concerned about the people who could not afford anything other than the lattice work. She felt people should not be told what to put under their home but should be allowed to put what they could afford.
Mr. Dawkins stated the State of South Carolina adopted the International Building Code, and it was mandated that every county adopt the International Building Code. If it is in the International Building Code that it had to be solid sheeted, he would be in favor of enforcing what Council was mandated to enforce. The concerns with the lattice are how it looks, and this ordinance doesn’t address that. This ordinance does nothing to change the appearance of a mobile home versus a stick built, and we shouldn’t have stricter regulations on a mobile home or modular than on a stick built.
Jim Matuszak stated with lattice there is a lot of insect infestation. With sheet metal air conditioning and heating bills are lower, and it looks nicer than the lattice. He felt skirting should be regulated.
Fran White said a lot of people can’t afford homes, and this is the best they can do.
There being no further comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Morris moved to postpone third reading until the next Council meeting to get the Building Department to tell Council what is required of stick built homes; second by Mr. Waldrop.
Mr. Baker requested at the same time to find out what is required on these homes because he can’t vote for a stricter mobile home than stick built homes.
There being no further discussion, Mr. Hawkins called for the question. Voting for the motion: Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker. Voting against the motion: Councilman Caldwell. Motion passed by majority vote.
5. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone a tract containing 1.5 acres, designated as TMS Parcel No. 466-15, from Rural (R-2) to General Commercial (GC).
Mr. Hawkins called for the public hearing.
Robert Lake, 1532 Holly Point Road, Prosperity, SC, appeared as attorney for Tom Mack, owner of the property. Mr. Mack owns mini warehouses and a boat storage facility, and the adjoining property previously owned by Mr. Mack is zoned General Commercial. Mr. Mack would like to have his property zoned General Commercial so that it conforms to the use.
There being no further comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Dawkins moved for third reading; second by Mr. Caldwell. Vote was unanimous.
6. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone a tract containing 33.39 acres, designated as TMS Parcel No. 198-1-1, from General Commercial (GC) to Residential (RS-1).
Mr. Hawkins called for the public hearing.
Mr. Waldrop requested a presentation from Anne Peters as to what was proposed for this property.
Anne Peters, Zoning Administrator, advised that only a portion of this tract would remain General Commercial with the potential for a single family residential development. RS-1 is one of the more restrictive districts.
There being no further comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Morris moved for second reading; second by Mr. Waldrop. Vote was unanimous.
7. An Ordinance to amend Ordinance No. 12-48-05 relating to the regulation of manufactured houses in Newberry County.
Mr. Hawkins called for the public hearing.
A lady in the audience asked for an explanation of this ordinance.
Mr. Pope advised there was a problem with people coming in who didn’t really have legal authority to put mobile homes on property. The Building Department has asked that they be given authority to ask for proof. The Building Inspector has to be legally able to go on the property and inspect it and to look at the vehicle identification plate to verify that it is the correct unit.
There being no further comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Dawkins moved for second reading; second by Mr. Baker. Vote was unanimous.
8. Committee Reports.
Roads Committee: Mr. Morris reported that the Roads Committee met and discussed 14 different roads. There is one item for action and two others on which Mr. Pope will prepare ordinances for Council’s consideration.
Mr. Morris requested that Council consider making Dominick Road one-way but if there is future development, consider changing it back. This is in District 2 (Mr. Dawkins’ district), and the request has come from the landowners. It is closing a loop at the end of the road that splits two parcels of property, and they can’t develop them.
Mr. Dawkins so moved; second by Mr. Waldrop. Vote was unanimous.
Community Hall: Mr. Summer met with the Community Hall Commission last week and was given a copy of their policies and rules for operation of the Community Hall. They state in part “no dishes or any other Hall equipment shall be removed from the Hall at any time.” They also have need of some cabinets that they would like to install and pay for with funds they have collected from use of the facility.
Mr. Summer was also provided with a list of repairs to the building. The floor needs refinishing. The ceiling in the storage and kitchen area is not properly painted. The lobby floor by the elevator needs repairing.
Mr. Summer recommended that the list be turned over to the County Administrator.
Mr. Waldrop asked if funds were available for repairs. Mr. Summer stated the Community Hall Commission collects funds for the use of the building and those funds are used to maintain the building and buy replacement furniture, chairs, PA systems, etc. In the past it has been the County’s responsibility to keep up the building.
Mr. Waldrop inquired into the funds left from an estate for the Community Hall. Mr. Summer stated that the funds left by Mr. Norris were for the purchase of shutters for the outside of the building.
Mr. Caldwell asked if the County owned the building. Mr. Summer said the County owns the building and the County appoints the Community Hall Commission.
Mr. Caldwell asked if the County charged anything for them to operate it. Mr. Summer stated the Commission serves without any pay and they have rules on operating the Community Hall. Depending on what organization it is they pay a fee. The County pays for the utilities for the whole building, which would include the Chamber of Commerce. The County pays for the insurance on the whole building. The County has kept up the outside of the building. Their request is that there are some painting and flooring issues inside the building that they would like the County take care of.
Mr. Caldwell asked if they owned the chairs. Mr. Summer stated the curtains, chairs, tables have all been purchased from the funds they receive for the use of the facility.
Mr. Hawkins stated the County does pay the person who coordinates the activities. Mr. Summer stated the salary and fringe of the custodian is $16,883.88; the telephone was $809.76; utilities were $7,350.21; building insurance is $1,423.76; building maintenance was $1,050; custodial services was $54; and lawn maintenance was $220. Total expenses for the fiscal year 2005-2006 were $27,791.61, which is what the County paid.
Mr. Summer stated the elevator is not adequate, and at some point in time that will have to be addressed. The bathroom is not handicap accessible. Those are issues that will be coming up at a later time.
Mr. Caldwell asked who bought the chairs. Mr. Summer’s understanding was the chairs were purchased by the Commission from the funds received for renting the building. They bought the tables, the PA system, and curtains.
Mr. Summer said the Commission felt it was their duty to make sure that all of those things are kept up and don’t walk away and never come back.
Mr. Summer stated they do a lot of work, and what they charge the County for helping us out is reasonable.
Mr. Baker said that’s the County’s building and the County’s chairs. This Council had a problem several weeks ago. We asked to borrow the chairs, and they said we couldn’t have their chairs. If they want to stop John Doe from borrowing the chairs, fine, but if the County needs the chairs, he didn’t see why the County couldn’t borrow the chairs.
Mr. Morris concurred with Mr. Baker, and if the County is investing $28,000 in it, we really do have some ownership in it.
Mr. Waldrop moved that County Council meet with the Community Hall Commission and try to resolve this issue; second by Mr. Summer. Vote was unanimous.
9. Appointments.
Mr. Hawkins recommended the reappointment of Reverend James Williams to the Newberry County Disabilities and Special Needs Board.
There being no further nominations, Mr. Morris moved to accept the nomination; second by Mr. Waldrop. Vote was unanimous.
10. Clemson Extension/USDA Building – Andy Morris, Councilman.
Mr. Morris reported the Clemson/USDA Building has been discussed for approximately 18 months. Clemson is currently located in the old Agricultural Building, and the USDA is renting a building on the Highway 121 by-pass. Their lease runs out shortly but it can be extended for one year. The USDA needs an answer on putting Clemson and USDA together.
The location chosen, and which is agreeable with USDA, is on 3 acres behind Piedmont Technical College in Lynches Woods, on the right as you go in. It was thought that it would be good to have a log cabin type structure. Mr. Morris and Mr. Hawkins met with Southland Log Homes in Columbia, and they have come up with a basic design of a plan, which has been presented to USDA and Clemson. It is not a finished product. It is a conceptual drawing.
We currently have on hand $140,000 in an account. We have talked about selling the Clemson Extension building and applying those funds to a new building. There are some other funds we can potentially raise from timber sales. The USDA will pay rent on the building of approximately $6,500 per month. Any additional costs beyond the funds we have on hand could be raised with a revenue anticipation note by going to a local lending institution. The least with USDA would be for five years. It does have an escalation clause in it if utilities go up, we can increase the lease each year to cover the additional costs of the utilities.
To get the project going, we need to make a decision that we want to go forward so the USDA can do what they need to do with their lease arrangement with their current provider. The architectural services for the building will be provided free of charge by USDA once we make a decision to go forward. To hold the price on the building from Southland Log Homes, which is a log cabin structure (the walls, the floors, the studs on the inside, ceiling, trusses for the roof, roof sheeting and the tar paper), the deposit would be $12,500, which can be taken out of the existing funds in the $140,000 account.
Mr. Morris moved to proceed with the project; second by Mr. Baker.
Mr. Waldrop asked if the $6,500 per month rent would take care of all the maintenance. Mr. Morris proposed that anything left over above and beyond the cost of the building be put into a separate account for building maintenance, grounds keeping or housekeeping. He felt the facility could become totally self-sufficient and would be an asset to the residents of the county and the clientele that now uses both Clemson Extension and USDA services.
Mr. Hawkins asked if part of the $6,500 would be applied to reducing the debt on the building. Mr. Morris stated anything above what we have on hand would get the short term anticipation bond and pay that off with the $6,500.
Mr. Summer stated usually we get competitive bids and if we are locking ourselves into Southland Log to do this, are we getting into problems with competitive bids. Mr. Pope advised we could be. This is not exactly design build. This has not been done using competitive procurement. On the other hand, log buildings are unique, and we don’t know how many available log buildings are in the area. There are possible procurement issues that could be raised.
Mr. Summer asked if anyone had looked at the cost of insurance on a log building versus some other type of construction.
Mr. Morris stated that Southland Log is only providing the logs and the structure. They are not building the building. We cannot go forward with building until we get the architectural services that the USDA will provide and then enter into a contract with someone to actually construct the facility. There are a limited contractors who can construct and put these log cabin type structures together.
Mr. Hawkins stated bids would be taken on the roofing.
Mr. Summer’s understanding was Clemson did not pay any rent and would not pay any rent so whatever we put in a building for Clemson is dead cost. Mr. Waldrop stated we have to offer Clemson free space within the county. Mr. Summer stated Clemson already has free space, and was the County going to borrow money to build them more free space. Mr. Morris advised the County was currently budgeting $13,500 a year in utilities for the building, which Clemson Extension alone occupies. The new building could be heated and cooled for half that cost. Also, within the last three years doing patchwork to the Clemson Extension building, the County has spent $30,000, and we have nothing. The heating and cooling in the old building is on its last leg, and would probably be an expense of $40,000 to $60,000 to replace. We will be sinking a lot of money into Clemson anyway.
Mr. Waldrop was concerned about how much longer Clemson would be involved in Newberry County with helping farmers since Clemson is downsizing.
Darren Atkins, Clemson Extension, stated that a few years ago they took a big hit and lost a lot of staff. A lot of those were from retirements that were never replaced because Clemson did not have the money to replace them. Fortunately, we did get a lot of replacement funds this year. Approximately 46 positions will be replaced. We are in the process of implementing a five year plan that started in 2004. That plan does not include closing any county offices or downsizing. Mr. Atkins felt they would be here for the long run.
Mr. Dawkins stated Clemson Extension and Newberry County Soil and Water have provided a lot of free service for the County. They were available to do it for us at no charge time and time again. It is not like the citizens of Newberry County are getting a bad deal from Clemson Extension or Soil and Water. We are getting way more than our money’s worth.
Mr. Morris concurred with Mr. Dawkins’ comment. Mr. Morris asked how many employees Clemson Extension had. Mr. Atkins stated they had six in Newberry County.
Mr. Morris said this building would cost the County almost nothing and solve some of the problems.
Mr. Summer asked what Mr. Morris meant by almost nothing. Mr. Morris said they talked about letting Public Works do the initial land clearing and bringing in gravel. We have someone to do the site survey and topographic surveying at no cost. Clemson University will be doing the landscape architect work at no cost. The site could be turned in to a park if the landscape is done correctly. We have no presence in Lynches Woods and don’t know what goes on out there. This would be an opportunity to have a presence in Lynches Woods because the use of the park is increasing with the implementation of the Palmetto Trail.
Mr. Atkins submitted to Council several months ago the status of their current building. Last week he spent most of a day helping one of the employees clean up her office where the cooling system had frozen up and leaked unbelievable amounts of water over the office. The electronic equipment was ruined. We have had to close that office off and move her into another office in the building.
Mr. Waldrop asked if the USDA would be willing to be in a building made of logs.
Craig O’Dell, USDA, stated that would not be a problem. We promote natural resources. It would be an asset to that area to be that type of style. We would suggest nothing else.
Mr. Hawkins’ stated Mr. Pope’s concern was that the federal government might look at our procurement procedure.
Mr. O’Dell stated when they negotiate for a building, we don’t get into the business of who is doing it. We only negotiate the price of the rent. That would not be a concern of ours. When you build this type of structure, you are eliminating a lot of others.
Mr. Dawkins added an amendment to the motion to go forward as long as Mr. Pope does some further checking; second by Mr. Morris.
Mr. Morris advised that the telephone wiring and computer wiring would not be a cost the County would have to bear. The USDA will take care of that.
Mr. Hawkins asked if Mr. Morris agreed to amend his motion. Mr. Morris so agreed.
Mr. Summer pointed out that if a private company built a building like the one USDA is currently in, the County would collect property taxes. By the County building a building for them, we will lose property taxes that we would otherwise get.
Mr. Morris stated if we sell the old Clemson building that would go back on the tax rolls.
Mr. Summer asked if he was saying the property taxes on the Clemson building would be equal to the one we would be building. Mr. Morris said when that building is torn down and something else is put on it, it would probably be more property taxes. Mr. Summer stated that building is in the TIF district, and the County won’t get any of that money. The TIF district says the County only gets a certain amount of property taxes but the increase in value because of the property taxes goes to the TIF district. TIF is a tax incentive district. That money goes to help fund the Opera House.
Mr. Caldwell asked if the money the County put down, if this didn’t fly, would the money be refunded. Mr. Morris stated no.
Mr. O’Dell advised that USDA has to enter into an agreement for a five year lease with somebody very soon. If USDA does not get assurance from the County that this is going forward, we will have to do something else. It doesn’t wipe the County. It takes USDA out of negotiations with the County for space. It also eliminates the situation of USDA and Clemson Extension being together because if USDA negotiates with somebody else for space, the County will not want to pay for space for Clemson Extension. Approximately ten years ago were at the same point and did not make a move to keep us together, and we had to split. As far as services to the citizens of Newberry County, it has been difficult in that respect. We have missed out on things that Clemson was doing, and they have missed out on things that USDA was doing. The important thing is to get them together so they can better serve the people of Newberry County. The USDA is at a point where we have to make a decision about where we will be for the next five years.
Mr. Morris stated if we can do this tonight we can come back with the cost of the building at the next meeting.
Mr. Hawkins stated this was beyond the area where Piedmont Technical College is anticipating adding on.
Mr. Caldwell asked if Mr. Pope could give a clearer answer on the bid. Mr. Pope advised that Council asked him to take a look at the procurement ordinance and come back with a recommendation, which he will do.
Mr. Hawkins’ understanding of the motion was that no down payment would be made until Mr. Pope signs off. If he can’t sign off, it will come back to Council.
Mr. Morris gave a copy of the contract to Mr. Pope for his review. Mr. Pope said even though the County makes the down payment, if you don’t go forward, you could be liable for additional damages.
Mr. Morris stated Southland Logs is not going to start cutting anything until we give them the word. This down payment is to hold the price that has been quoted until we get plans drawn by the USDA architects and get everything put in place.
Mr. Caldwell stated he could not support it the way it has been presented because Mr. Pope is the attorney and he would respect his decision.
There being no further discussion, Mr. Hawkins called for the question. Voting for the motion: Councilmen Hawkins, Waldrop, Dawkins, Morris and Baker. Voting against the motion: Councilmen Caldwell and Summer. Motion passed by majority vote.
11. Discovery Center – Andy Morris, Councilman.
Mr. Morris advised this was a continuation of the same process. This building would also be a log type structure and same situation as the USDA/Clemson Building. The funding for this building is anticipated to be raised totally from grants. The buildings would be side-by-side.
Mr. Morris moved to provide a down payment on the Discovery Center in the amount of $22,400 to hold the price on the building and this money would be refunded to the County out of the grant funds to be approved to build the Discovery Center; second by Mr. Waldrop.
Mr. Waldrop asked for clarification about the grant funds. Mr. Morris stated the building would be funded completely through grant applications. It may require some type of in-kind. We are talking about clearing the lot and stuff like that, but no writing of checks.
Mr. Caldwell asked again if this does not come through with the money, the money is not refunded. Mr. Morris stated the money is not refundable on this either.
Mr. Hawkins asked for additional information about the process of grants. Mr. Morris advised that the USDA and Rural Development have some grant money available. He has talked with a number of entities about providing grant funds. Annette Davis has a list of people, which she is already working on. There would be no expenditures of funds on this building until the grant funds are in hand.
Mr. Summer stated we shouldn’t be putting up a down payment until we know we are getting all the grants because you will lose it otherwise.
Mr. Morris advised that USDA will provide the architectural services because the two are related.
Mr. Hawkins asked if proceeds from cutting the timber would be used. Mr. Morris stated no county dollars would go toward building the Discovery Center. This would be totally from funds raised through grants.
Mr. Hawkins asked if Mr. Morris was convinced the price increase on the building would outweigh this $22,000 down payment. Mr. Morris stated by far.
Kenneth Brooks, 2345 Newberry Highway, Newberry, SC, asked to address Council. With log cabins, you have bumblebees and such, and the upkeep on a log cabin is more.
Mr. Brooks also asked Council what the plans were for the Sheriff’s building on Highway 219. Mr. Hawkins stated Council would get an update in Executive Session tonight from the attorney. The County has hired Frank Smith, an attorney who specializes in contract law, and he has put a time line on when we will get certain reports and when things will be done. We will report to the people as soon as our attorney tells us we can.
Mr. Brooks stated if the County couldn’t develop anything any better than the building on Highway 219, the County needed to stay out of it. If you don’t do stuff right, you have big problems.
Mr. Summer stated when we get the grants, that is when we need to make a commitment but if you make the commitment before getting the grants, you get the cart before the horse.
Jack Grimes, Carter Goble Lee, advised he visited Harbison State Park and met with the people who administer that building. It is a Southland Log Home building. They rent it out for $200 a day. It has a conference room and kitchen. It is rented about every single day of the week. They have people asking to rent it for weekends.
Mr. Hawkins called for the question. Voting for the motion: Councilmen Morris, Dawkins and Baker. Voting against the motion: Councilmen Hawkins, Waldrop, Caldwell and Summer. Motion failed.
Mr. Morris asked if he could come back with the funding sources, would Council reconsider. Mr. Hawkins stated he was in favor of the project but when Mr. Summer said we needed to know more about the grants, he convinced me. Mr. Waldrop stated he was for the project but didn’t want to pay for something sitting on the ground and never being put together.
Mr. Caldwell didn’t have a problem with it, but if the money is put up up-front and if it doesn’t go through and the County is not refunded that money, that is a problem.
Mr. Summer stated secure the grants and then we could go forward.
12. Timber Cutting – Andy Morris, Councilman:
A. Highway 34
Mr. Morris reported that the tract on Highway 34 has about 50 to 60 acres of old growth timber and about 50 or 60 acres of Plantation Pines about twenty years old. He, Mr. Hawkins and Mr. Waldrop walked over it and felt it was a resource we could tap to help with some of the capital building projects. The recommendation of Clemson Extension and the South Carolina Forestry Service was to do first thinning on the Plantation Pines. Take out every fifth row and then do selective thinning, which would take out about 45% of what is out there. On the old growth timber, do a clear cut but leave the old growth hardwoods in case it is ever developed, you still have something to develop around.
Mr. Morris moved to go ahead and develop the bid documents to put this timber on Highway 34 out for competitive bid; second by Mr. Dawkins.
Mr. Morris added the County would have the right to reject any and all bids. The bid document would be developed to have the best management practices in it.
Mr. Hawkins said Mr. Morris made a motion to develop the bid project, but are you also saying go ahead and take bids. Mr. Morris said to go ahead and put it out for bid. Mr. Hawkins requested that we make sure that everybody who buys timber in Newberry County be notified as well as surrounding counties.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
B. Old Landfill
Mr. Morris stated that with regard to the old landfill, do a clear cut of that timber, and if done, should be done in conjunction with the trench that has to be done. This is only on the perimeter around the landfill where there are some pine trees.
Mr. Morris moved to go ahead with developing the bid documents and put out for bid the timber on the old landfill property on Cockrell Drive; second by Mr. Waldrop. Vote was unanimous.
C. Fairgrounds
Mr. Morris had no recommendation on the Fairgrounds tract.
13. Update on Capital Sales Tax Projects – J.E. Klugh, Acting County Administrator:
A. Chappells Project
Mr. Klugh advised that Mr. Lingle with the Water and Sewer Authority indicated that the program was back on schedule and that plans and specifications would be reviewed this week and should forwarding a complete package to DHEC within seven to ten days. Approval should follow within forty-five days with bidding and construction to proceed shortly after DHEC approval. Mr. Lingle did express some concern about what costs may have done since the original planning was done.
The timetable would have the water line design being completed by the end of November. Construction and permitting would be completed by March of 2007. Bid advertisements completed in April 2007, and award the contract in May 2007. Water line construction would be complete by November 2007 with permit to operate and start-up taking place in December 2007.
B. Maybinton Ball Field Project
Mr. Klugh reported that all of the anticipated land had been acquired. Timber was looked at today to develop a plan for cutting the timber. Meetings will be held with Maybinton leaders to begin working on the scope and design of the project.
14. Update on procedure for rollback taxes – J.E. Klugh, Acting County Administrator.
Mr. Klugh stated that at the last meeting Council granted a special agricultural assessment for the Andreas. At the time Council considered the request for an agricultural assessment on property owned by the Andreas, Council asked for information on the process that had been followed.
Section 12-43-220 of the South Carolina Code requires that a written application be filed for the agriculture use assessment. This filing is good until the use of the property changes or until the ownership of the property changes. If the ownership changes, a new filing is required.
A deed transferring the property to the Andreas was recorded in June 2004 and re-recorded in August 2004.
In April or May 2005 an agricultural use notice was sent to the Andreas at 7311 Anon Lane, Glen Burie, Maryland. When no agricultural use application was filed, a rollback computation notice was sent in September 2005 to the 7311 Anon Lane address, which was the best address that the assessor had for the Andreas.
Because of the transfer of the property and because no agricultural use application was received from the new property owners, the property lost its agriculture use assessment. In accordance with state law, taxes were billed on the property based on the new use.
When they realized what had happened, they came in and asked for Council to approve the agriculture assessment, which is what Council did. All of that movement took place because of the transfer of the property.
Mr. Waldrop moved to go into Executive Session to discuss two legal matters, one personnel matter, one economic development matter, and one contractual matter; second by Mr. Morris. Vote was unanimous.
[EXECUTIVE
SESSION 8:46 P.M. – 9:50 P.M.]
[COUNCILMEN BAKER
AND CALDWELL LEFT AT 9:35 P.M.]
Mr. Dawkins moved to return to open session; second by Mr. Waldrop. Vote was unanimous. (Councilmen Baker and Caldwell absent).
Council Meetings: August 16, 2006, 7:00 p.m.
September 6, 2006, 7:00 p.m.
No comments.
No comments.
Mr. Summer moved to adjourn; second by Mr. Dawkins. Vote was unanimous. (Councilmen Baker and Caldwell absent).
Meeting adjourned at 9:51 p.m.
NEWBERRY COUNTY COUNCIL
_______________________________
Mike Hawkins, Chairman
_______________________________
Susan C. Fellers, Clerk to Council