NEWBERRY COUNTY COUNCIL

MINUTES

AUGUST 8, 2007

The Newberry County Council met on Wednesday, August 8, 2007, 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 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.

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

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

1. Personal Appearances.

Chris Johnson with Newberry County Rescue Squad 14 reported receipt of funds from the 2007 Assistance to Fire Fighters Grant for the following items:

Heart Monitor $ 24,898

Personal Protective Equipment 23,070

Handheld radios for each member 12,900

Dual Band VHF/UHF Mobiles 9,375

800 MHz Mobiles 13,536

Rescue Stabilization Jacks 7,138

Training and training equipment 18,050

TOTAL $108,967

The Federal share of this grant is $98,071 and the local match share is $10,896.

Included in the County budget for 2007-2008 was a heart monitor for their department. Mr. Johnson proposed that the heart monitor be taken from the budget and subtract the matching grant funds of $10,896. They also requested $900 for 800 MHz airtime usage and $1,000 for a trailer for a Ranger they are receiving next week from another grant that cost the County no tax dollars and didn’t require any matching funds. This comes to a total projected return to the County from this year’s budget of $12,030. This would be money turned back into the County from the heart monitor in the budget to be used as Council sees fit. Rescue Squad 14 would like to endorse having this money rolled into the Rescue Squad general fund for all the Rescue Squads to use.

One of the training items will be emergency vehicle training for all 30 members, water rescue for all 30 members, and road rescue for all 30 members.

Mr. Caldwell moved to grant the request to take the heart monitor out of the budget, use part of that as the local match and put the balance of $12,030 into the Rescue Squad general fund to fund the Rescue Squads; second by Mr. Livingston. Vote was unanimous.

2. Adoption of Consent Agenda.

Mr. Summer asked that the minutes of the July 11, 2007 and July 24, 2007 meetings be approved.

Mr. Waldrop moved to approve the July 11, 2007 and July 24, 2007 minutes; second by Mr. Caldwell. Vote was unanimous.

3. Additions, Deletions and Adoption of Agenda.

There being no amendments to the agenda, Mr. Dawkins moved to adopt the agenda as mailed out; second by Mr. Baker. Vote was unanimous.

4. Ordinance #06-19-07: An Ordinance amending Code Section 50.01(A) of the Newberry County Code of Ordinances to provide for the periodic setting of solid waste disposal fees.

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

5. Ordinance #06-21-07: An Ordinance amending Ordinance #01-09-07 which authorized the issuance and sale of a General Obligation Bond, Series 2007, in an amount not to exceed $1,700,000.

Mr. Adams recommended an amendment in Section 1(b) to include the $50,000 Council approved as supplemental funding for the Rescue Squad 14 Building.

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

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

Mr. Pope asked if that included the same amendments throughout the body of the ordinance where necessary. Mr. Summer stated it did.

6. Ordinance #06-23-07: An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone a tract containing 3.24 acres designated as TMS Parcel Nos. 340-1-34 and 340-1-35, from Single Family Residential (RS-3) to General Commercial (GC).

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

7. Ordinance #07-24-07: An Ordinance enacting and adopting Supplement 2007 S-3 to the Code of Ordinances for the County of Newberry, South Carolina.

Mr. Adams advised this was a supplement to codify the ordinances on which Council had voted since the last edition of the Code.

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

8. Ordinance #07-25-07: An Ordinance amending Section III of Ordinance #04-14-07, the Newberry County Budget Ordinance for County Ordinary and Other Purposes, to provide for revised revenues and expenditures related to capital projects for the Rescue Squad 14 Building and the Newberry County Library.

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

9. Committee Reports.

No committee reports.

10. Appointments.

Mr. Livingston recommended the following nominations from District 3:

Newberry County Disabilities and Special Needs – reappoint Diane Lominick

Board of Rescue Squads – reappoint Barry Richardson

Recreation Commission – appoint Stuckey Stoudemire and Tim Traylor

There being no further appointments, Mr. Hawkins moved to accept the nominations; second by Mr. Waldrop. Vote was unanimous.

Mr. Waldrop requested that Mr. Adams check into the Recreation Commission to find out if they are an active committee and meeting on a regular basis.

11. Approval of recommendations from GLEAMNS Human Resources Commission of John Caldwell to represent the private sector and Genell Ruff to represent the private sector.

Mr. Waldrop moved to approve the recommendation from GLEAMNS to reappoint John Caldwell and Genell Ruff; second by Mr. Dawkins. Vote was unanimous.

12. Installation of additional gates to secure Lynch’s Woods.

Mr. Adams reported a Lynch’s Woods working group has been established to address issues relating to the usage of the Park and the general condition of the property. The group recommends as a first measure Council allow the installation of exterior gates at the two entrances on Wilson Road. The group members felt this would eliminate traffic during nighttime hours, which is attributed to some of the activity they would like to discourage at night.

Mr. Dawkins moved to allow installation of the gates; second by Mr. Livingston.

Mr. Baker asked who would control the locking and unlocking of the gate. Mr. Adams said they have asked the Sheriff’s Department to handle the locking and unlocking of the gates. It will be either the Sheriff’s Department alone or in combination with the Public Works Department.

Mr. Dawkins asked if this money would come out of the Lynch’s Woods account. Mr. Adams said it would if Council approves this.

Mr. Dawkins added as part of his motion that the money comes from the Lynch’s Woods account.

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

Mr. Adams stated this would be taken before the Conservation District as per the Memorandum of Understanding that currently exists dated 1994. Mr. Adams reported that Annette Davis has been attending the meetings, along with other members as well. The next meeting of this group is scheduled for Monday, August 13, at 6:00 p.m. at the Courthouse Annex.

13. Requests by Councilmen.

Mr. Baker stated the Maybinton Community would like to reactive the money appropriated for their ball field even though several items are not included. They feel they should not be denied what they had in and would like to go ahead with that part of it and continue with the restrooms and well at a future date. They have the land, and there is enough money in the one-cent sales tax to do the field.

Mr. Summer asked if they were willing to do this without the restrooms and if they had enough money to put up a fence. Mr. Baker advised they had enough money for the fence. There is not enough for restrooms or a well.

Mr. Summer asked about seating. Mr. Baker said there would not be enough funds to provide seating.

Mr. Livingston asked about parking. Mr. Baker stated that was still a problem.

Mr. Hawkins moved to put this on the next agenda because Mr. Livingston brought up a good point about the problem with parking and the area they have there to build on; second by Mr. Livingston. Vote was unanimous.

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

No one signed up for public comments.

15. Vote for Executive Session, When Necessary.

16. Executive Session.

17. Necessary Action on Matters Discussed in Executive Session.

Mr. Summer announced that no Executive Session was needed.

18. Comments from County Administrator.

Mr. Adams announced that bids would be received on the new library construction on August 30, 2007 at 3:00 p.m. at the Courthouse Annex.

19. Comments from Council Members.

Mr. Pope requested that he be allowed to speak with Council in Executive Session about the duties of the County Attorney. Council consented to do that after the comments. Mr. Summer advised no action would be taken after Executive Session.

Mr. Livingston requested that the Chairman recognize a gentleman in the audience, who appeared to want to speak to Council. Mr. Summer requested that he come forward to address Council.

Charles Sperry from Greenville, SC owns 3 lots with his son in Windmill Landing and was concerned with proposed revisions to the ordinance relating to using an RV as a residence. When he purchased the lots, he was told and his deed allows use of an RV, which he parks on the weekend and sometimes for a week’s vacation.

Anne Peters, Zoning Administrator, advised that the Ordinance has not been revised, but is already in the Ordinance in Section 800 under parking. Recreational vehicles are allowed to be stored, but are not to be lived in permanently or temporarily.

Mr. Dawkins brought this up to Council because of complaints and asked that this be referred to the Planning Commission for discussion and a recommendation to allow it. The current Ordinance as it stands now does not allow it. Ms. Peters advised this would be discussed at an upcoming meeting of the Planning Commission.

Harry Greisser, Summerset Bay, said their covenants say that you cannot use a mobile home or a motor home as a residence but you if have property you can bring one in for a short period, like 7 days, and then you have to remove it. It can only be used for up to a 7 day period. The intent being that this would be all stick built houses in the community. We pursued getting RS-1 zoning to back that up so we could use the zoning restriction rather than the covenants and restrictions. The issue is do you have the right to use properties for motor homes or motor coaches. This started out with the covenants and restrictions, which do not permit any mobile homes or motor coaches to be used as residences. The RS-1 zoning controls only stick built houses can be used as residences.

Mr. Summer recognized Norman Whitaker, Executive Director of Central Midlands Council of Governments, who was in attendance at the Council meeting.

EXECUTIVE SESSION

Mr. Dawkins moved to go into Executive Session to discuss the duties of the County Attorney; second by Mr. Waldrop. Vote was unanimous.

[EXECUTIVE SESSION 7:35 p.m. – 8:14 p.m.]

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

No report from Executive Session.

20. Future Meetings.

Mr. Summer announced the meetings of August 15, 2007 and September 5, 2007 at 7:00 p.m.

21. Vote to Adjourn.

Mr. Baker moved to adjourn. Mr. Summer declared the meeting adjourned.

22. Adjournment.

There being no further business, the meeting adjourned at 8:15 p.m.

NEWBERRY COUNTY COUNCIL

________________________________

Henry B. Summer, Chairman

________________________________

Susan C. Fellers, Clerk to Council

APPROVED: September 5, 2007