NEWBERRY COUNTY COUNCIL

MINUTES

AUGUST 15, 2007

The Newberry County Council met on Wednesday, August 15, 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. Hawkins had the invocation followed by the Pledge of Allegiance.

1. Adoption and presentation of Resolution #15-07 honoring the Mid-Carolina Dixie Youth Ozone Team as the 2007 South Carolina State Champions.

The entire Council moved and seconded adoption of Resolution #15.07. Adopted by acclamation.

Mr. Summer asked the team and coaches to stand while he read the Resolution into the record.

RESOLUTION

HONORING THE MID-CAROLINA DIXIE YOUTH OZONE TEAM

AS THE 2007 SOUTH CAROLINA STATE CHAMPIONS

WHEREAS, Newberry County Council wishes to honor the members of the Dixie Youth Ozone Team from the Mid-Carolina area, a group of eleven and twelve year olds who overcame tremendous odds to prevail over the previously undefeated Sumter team to win the South Carolina State Championship in the Dixie Youth Baseball League for their age group; and

WHEREAS, this championship team went on to represent the State of South Carolina in the Dixie Youth World Series in Troy, Alabama, and gave a spirited performance against difficult opponents; and

WHEREAS, Newberry County Council wishes to honor the members and coaches of this fine team for their perseverance, their sportsmanship, their teamwork, their dedication to the sport of baseball, and the example they have set for the entire community by their accomplishments; and

WHEREAS, Newberry County Council determines that it is both fitting and proper that the name of each member of the team and of each coach be set forth in this Resolution so that the memory of their achievement will be forever enshrined in the official records of Newberry County.

NOW THEREFORE, BE IT RESOLVED that Newberry County Council honors the Dixie Youth Ozone Team from the Mid-Carolina area, the 2007 State Champions for South Carolina and representatives of the State in the Dixie Youth World Series;

AND BE IT FURTHER RESOLVED that Jake Bickley, Brent Caldwell, Carlton Chapman, Chad Davis, Cannon Griffith, Tyler Grubbs, Matthew Hawkins, Hunter Hill, Jack Huggins, Levi Joiner, Kendall Lathrop, Barack McLain and Jared Parnell be honored as members of this championship team and that Cody Caldwell, Brent Davis and Billy Parnell be honored as coaches of the team;

AND BE IT FURTHER RESOLVED, that this Resolution shall be published in the official minutes of the Newberry County Council, and a duplicate original of this Resolution shall be personally presented to each member of the team and to each coach as a mark of the respect and deep appreciation of their accomplishments held by all of the members of Newberry County Council and by the citizens of Newberry County.

ADOPTED by the Newberry County Council in meeting duly assembled this 15th day of August, 2007.

NEWBERRY COUNTY COUNCIL

/s/ Henry B. Summer, Chairman

Attest: /s/ Susan C. Fellers, Clerk to Council

(A signed original of the Resolution is attached to the minutes as Attachment “1”)

After reading of the Resolution, each team member and coach was congratulated and presented with a signed copy of the Resolution.

2. Personal Appearances.

a. Rob Smith, BlueCross BlueShield Foundation.

Mr. Smith, an attorney with Moore & Van Allen, appeared on behalf of the BlueCross BlueShield Foundation and requested Council’s support of the Resolution commending BlueCross BlueShield Foundation on their grants to the Free Medical Clinic of Newberry and the Department of Nursing at Newberry College. The grant for the Free Medical Clinic is for $50,000, and the grant to Newberry College is for $230,000. This is part of an ongoing tour this year where close to $1.6 million was given back to the State in the form of free clinics, nursing programs, school health programs, dental programs and other health education programs. The grant to the Free Medical Clinic will be awarded on Wednesday, August 22, at 8:00 a.m. at Steven W’s. The grant for the nursing program will be awarded on Wednesday, August 22, at 12:00 Noon in the Presidential Dining Room at Newberry College.

Consideration of adoption of Resolution #14-07 commending BlueCross BlueShield of South Carolina for its support of the Free Medical Clinic of Newberry and the development of the Department of Nursing at Newberry College and the continued promotion of well-reasoned, long-range healthcare policies for the families of South Carolina.

Mr. Hawkins moved to adopt the Resolution; second by Mr. Caldwell. Vote was unanimous.

b. Sheriff Lee Foster – update on grants.

Sheriff Foster advised of the following grants received, or pending, for his department:

(1) $30,000 no match grant from the Competitive Grant Fund of the South Carolina Senate. Senator Ronnie Cromer assisted in getting this grant, which will help to perform patrols in recreational areas, specifically Lake Greenwood and Lake Murray.

(2) $54,982 from the Rural Crime Grant, with the funds to be used for overtime to work festivals, high crime areas, saturation control. This grant has a match.

(3) $106,126, technology grant, for AFIS, which is an automatic fingerprint identification system. This reads fingerprints at crime scenes against a database. We are one of the few agencies our size that has this technology. Prior to having this grant, we would have to either go to SLED, Richland County or Lexington County to get this done. We can now do it in-house and identify people a lot quicker.

(4) $60,000 Victims grant, which will be used for transportation and assistance to victims.

(5) $3,356 no match grant from the National Rifle Association Foundation. Ms. Faye Stoudemire is the Chairperson of this, and she obtained this grant for our department, which will be used to buy a traffic vest that is much more visible.

(6) $346,317 no match grant is in the process of being completed, which was obtained through the U.S. Senate through the COPS program. We have done a wide array of things, which have been recognized nationally, with that grant. We put laptops in every officer’s car and have established wireless hot spots through the cooperation of the School District of Newberry County. We were also able to do something with that program that is recognized by the National Institute of Justice for the best practice for rural agencies so that officers can get real time information while out on the street and also get real time information back to communications through computer technology. Through that grant we were also able to obtain equipment that an officer out on the road can swipe a person’s driver’s license through a card swipe in the car, and it automatically transfers ticket data and tickets are written a lot quicker. We are the first County in the State to be able to do that. The only other agency doing that is Beaufort County Sheriff’s Office Subdivision in Hilton Head Island. We were also able to purchase another machine that has been recognized as best practices by NIJ, which is a cross match fingerprint system. This is an inkless fingerprint system. This is automatically digitalized and put into a computer system and matches fingerprints in a data base to see if that person is really who he or she says. This is a very important piece of equipment especially with the growing illegal immigration population. It also has the ability to take palm prints. Palm prints were never required prior to the passing of the National Crime Information Center 2000. We were the first NCIC 2000 compliant agency in the State of South Carolina.

(7) $10,250 Law Enforcement Technology Grant and Law Enforcement Equipment Grant.

(8) $10,000 Public Safety Traffic Grant, which will be used to supply child safety seats to people who are stopped and don’t have a proper child safety seat. (pending)

(9) $50,000 for advanced tasers, which have cameras in them so you can show it is a proper usage of a taser. (pending)

(10) $350,000 which Congressman Spratt has put into the congressional budget. This grant has to go to the Senate and by the President. This money would be used to help with the E911 Center and the Emergency Operation Center since we are displaced. (pending)

In total in the last few months, we have obtained and have in hand $611,031, and we have pending $410,000 for a total of $1,021,000 that is not local tax dollars. Local tax dollars not being used for those grants that are match funds. We are using other funds we obtained through endowments and outside sources so it doesn’t go against the local tax dollar.

Council expressed appreciation to the Sheriff for his hard work in obtaining the grants and thanked Senator Cromer and Representative Spratt for helping out.

Mr. Pope requested that Council vote to formally accept the grants.

Mr. Caldwell moved to accept the grants; second by Mr. Livingston. Vote was unanimous.

3. Additions, Deletions and Adoption of Agenda.

Mr. Adams requested the following amendments:

(1) Addition of Resolution #18-07, which will allow Newberry County to proceed with certain equipment purchases and to be reimbursed with funds from a lease-purchase instrument. The genesis of this was Monday’s Road Committee meeting when the Public Works Department presented the need for slope mowers, which have been pressing for some time. (Agenda Item 10.5).

(2) Under Executive Session add a contractual matter to discuss matters pertaining to the Highway 219 Interchange Beautification Project.

There being no further amendments to the agenda, Mr. Waldrop moved to adopt the agenda as amended; 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. Livingston moved for third reading; second by Mr. Baker. 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, so as to substitute capital improvements to the Newberry Opera House, the Helena Community Center, the Rescue Squad 14 Building, and for the repairs and modifications to the Sheriff’s Office building located on Highway 219 as part of the approved projects.

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. Voting for the motion: Councilmen Summer, Waldrop, Caldwell, Hawkins, Dawkins and Livingston. Councilman Baker abstained. Motion passed by majority vote.

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

Mr. Waldrop moved for second reading; second by Mr. Dawkins. 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 explained that all ordinances passed since the most recent supplement to the Code are codified approximately twice per year. This includes the ordinances passed since the last supplement into the Code of Ordinances.

Mr. Livingston moved for second reading; second by Mr. Dawkins. 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 the Newberry County Library.

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

9. Resolution #16-07: A Resolution making application to the State Budget and Control Board of South Carolina for approval of the issuance by Newberry County, South Carolina, of its Special Source Revenue Bonds (Mid-Carolina Commerce Park, Phase I Project) in one or more series of bonds, pursuant to the provisions of Title 4, Chapter 29 of the Code of Laws of South Carolina, 1976, as amended, in the principal amount of not exceeding $1,500,000.

Frannie Heizer, bond counsel, said first reading by title only had been given to an ordinance authorizing a $1.2 million Special Source Revenue Bond for infrastructure at the Mid-Carolina Commerce Park. This Resolution is a step in that process. In order to issue Special Source Revenue Bonds or Bond Anticipation Notes, we have to get permission from the State Budget and Control Board, and they have a meeting September.

We are recommending that you increase the not to exceed amount from $1.2 million to $1.5 million in order to give the County flexibility in one or two years from now as decisions are made on how to handle the long-term payment of this debt. The purpose of doing a Bond Anticipation Note is to allow the County to have the project funds needed, which are approximately $1.2 million. Because it is a Bond Anticipation Note, you do not have to have a long-term or permanent financing plan in place. The Note is for one year at a time. At the end of the first year you have the option of issuing a new Bond Anticipation Note; in effect rolling the Note over for another year, or going with a long-term plan that could be a Special Source Revenue Bond or some other form of financing.

If we fast forward to about a year from now and if your decision is to have another Bond Anticipation Note to keep it within the one year mode and to move it forward, you would have the flexibility to include the interest owed, or the interest accrued during the year, you could add that to the amount of the second Bond Anticipation Note. It is a form of capitalizing interest. It doesn’t require that you capitalize the interest but it allows you to. By increasing the amount that you are asking for at this time with the Budget and Control Board, you have the option that if you choose to roll it over and if you choose to include the interest owed, you can do that, and you don’t have to go back to the Budget and Control Board and increase the amount.

You are not committing to spend more money. We are just giving you flexibility to make decisions one or two years from now on how to deal with this debt as you make long-term plans.

When the ordinance comes back before Council for second reading, it technically would be an amendment because we would again recommend that you approve not to exceed $1.5 million Special Source Revenue Bond.

Mr. Dawkins understood that this debt would be paid back by the industries fee in lieu taxes that occupy the industrial park and not from individual property tax owners. Ms. Heizer stated that was correct.

Mr. Adams said the $1.5 million also allows that identified industry or industries to pay back the carrying costs of having the money. Ms. Heizer stated that was correct. It gives you as much flexibility as we can to tie the repayment of the costs of the improvements directly to the industry benefiting from the improvements.

Mr. Waldrop asked what the bond was selling for right now. Ms. Heizer said this type of bond would be tax exempt but would be a little bit higher for one year. You are probably looking at a 4% range for something like this. Ms. Heizer will come back and discuss with Council a strategy for how you choose to place this debt because you have an existing Special Source Revenue Bond of a little more than $6,000,000 with BB&T. One of the options is to go to BB&T and negotiate directly with them to purchase your Special Source Bond Anticipation Note. There would be some good reasons to do that. An alternative is to put out an RFP and see what the best is to offer, but Ms. Heizer felt BB&T, through informal discussions, is aware of the potential for this Bond Anticipation Note. They are very supportive of Newberry County.

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

10. Resolution #17-07: A Resolution relating to the declaration of intent by Newberry County, South Carolina, to reimburse certain expenditures prior to the issuance by the County of its Special Source Revenue Bonds or Bond Anticipation Notes.

Ms. Heizer asks that this step be taken to stay in compliance with Federal tax regulations. As we are working on the paperwork for the Special Source Revenue Bond, if you need to go ahead and start the project at the industrial park, you can do that and you can use funds on hand. Pursuant to this declaration of intent once we actually issue the tax-exempt debt, you could then reimburse the fund. It gives you flexibility. It does not require that you advance monies but gives you the option to go ahead and start the project because sometimes bonding takes a little bit longer than the real world would like. You can start moving dirt, and we have a mechanism to reimburse you when we close the bonds.

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

10.5 Resolution #18-07: A Resolution to express the intention of the County Council of Newberry County, South Carolina, to cause Newberry County to be reimbursed for certain costs for the acquisition of equipment with the proceeds of tax-exempt obligations.

Mr. Adams stated there are a number of items in the operating budget this year that will be financed by a lease-purchasing instrument. This Resolution allows the County to go ahead and purchase some of those items and then be reimbursed for the cash once the bank funds the lease-purchase.

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

11. Committee Reports.

No reports.

12. Appointments.

No appointments.

13. Discussion of Maybinton Ball Field Project.

Ervin West, Carter Goble Lee, stated a completed ball park includes site work, well for the water, septic tanks, bathroom facilities, bleachers, fencing, lights, irrigation. Also included in that is general costs for designs, testing, insurance requirements. The total preliminary figures for that is $219,220 plus.

To clear the site, grade it using the existing material we have and putting temporary grass would cost approximately $48,000 to $50,000 plus.

To get started, we have to have some engineering drawings and you have to get the permit from DHEC. Those costs would run between $8,000 and $11,000.

Just to get to a site that has been cleared of trees and brushes and graded would cost approximately $59,000 to $60,000.

Mr. Summer said all of our money would be spent to have a flat piece of dirt. Mr. West said that was the point he was getting at. That is still up in the air because we don’t have any drawings yet. First we have to generate the drawings and then get the numbers.

To get the site balanced, it will be a cut site. Where the playground is will be the entryway off the main road.

Mr. West said this was a pretty tight site and parking is limited. Mr. Summer asked how limited the parking would be. Mr. West said because of the access the playground would have to be relocated. It will have to go to one side or the other. The parking will be right in front and maybe to the side depending on how you determine to lay the ball field out.

Mr. West handed out and reviewed two preliminary sketches of the ball field with Council members.

Kim Shelton, representative for the Maybinton Community, said they were initially advised that $80,000 would be enough to provide them with a ball field, which is the amount they asked for thinking that would be enough to fulfill the community’s needs. There are a lot of people in the community upset because they thought this process would have been basically further ahead than it is now. We expect a ball field. That is what we want. Looking at the list, there are some things that have to be done, but we, as a community, are willing to make some exceptions. What you are offering is state of the art, and we appreciate it, but our community wants a baseball field. Not only for the baseball team, but there are families in the community, children, church league softball, and we haven’t had a facility.

This is the first time that the citizens of the community have felt a little upset as if we were mistreated. There was an incident with the fire station. We were given $30,000 for our fire station, and everyone else was given $50,000. We had to raise the other $20,000 on our own, which we did, and then we were left to finish the fire station. It is like we are always left to fend for ourselves. We appreciate everything you are doing and the fact that you have offered the $80,000. We feel that we deserve a baseball field. Our park is there and is not well maintained by the County. There are several pieces of playground equipment that have been damaged for years, and people have been complaining. They still haven’t been fixed. As a community, we feel we deserve more. We don’t know how to resolve this issue, but we are willing to make some sacrifices in order to get our baseball field.

Mr. Waldrop’s recollection was the community was to keep up the playground and not the County. The County was not going to replace equipment or repair anything. The community was going to cut the grass and take care of the facility. Ms. Shelton said the County does send someone to cut the grass and the community is not a part of that. They pick up the trash and cut the grass. There may be miscommunication and she understood about the repairs, but there is obviously some liability there since the County comes in and cuts the grass and picks up the trash.

Mr. Hawkins asked if there was some other piece of property that wouldn’t require this much grading. He was also concerned about the parking situation.

Ms. Shelton asked if anyone from the County looked at the land before it was purchased. It looks like someone should have told us the land might be difficult to work with and to keep looking but nobody ever said that. Not only is it the fault of the community but some of the fault also lies with the County because nothing was very clear from the start.

Mr. Baker said we looked at land for almost two years, and nobody wanted to sell any. This was the only option. Other land may be available later but is not available today. Also, the timber company who owns land behind this is starting to place land on the market. They may be willing to sell another tract here.

Mr. Livingston said we didn’t have the money to do things the way we wanted to for the community with bathrooms and fencing. You can survive without a real dugout.

Ms. Shelton said they wanted something nice, but they are willing to cut some corners. Sometimes you have to go with the bare minimum to get what you need. We want something that will last. We don’t want something thrown together, but at the same time any way we can cut costs to work within the budget, we are willing to do what we have to do to get the field.

Mr. Livingston was not opposed to it, but wants it done right.

Mr. Caldwell’s concern was the lack of bathroom facilities and parking. He was against building it without restroom facilities, but if the community wants it like that and understands that, he will vote for it. Ms. Shelton stated the previous field had no restrooms. The bleachers were constructed by someone in the community and are wooden. The fence to the previous field was chicken wire. The previous field was not a quality field. When the people of the community say they don’t have to have bathrooms, they haven’t had bathrooms so it is not on the top of their list right now.

Mr. Caldwell asked if she was saying it was fine with the community to construct it without restrooms. Ms. Shelton could not answer that issue for the entire community because it hadn’t been discussed. There are restrooms at the fire station.

Mr. Baker said the Tax Committee added Maybinton on the list to put before the voters of Newberry County. The voters in Newberry County voted and approved this project. He could not tell the people they couldn’t have it. If we don’t furnish 100%, then we don’t furnish it, but go for what we can and give them what they asked for.

Mr. Summer suggested that Mr. Baker, the staff, Mr. West and representatives from the community review the costs we have, see what can be cut out and what we need. After going through the list of getting rid of stuff they don’t need, come back before Council and let us see how far off we are to see if we can figure out some way to fund the gap.

Mr. Pope stated we did go out and look at the property and he actually did the title work. He and the former Public Works Director looked at and knew it was going to be difficult. This was the only property available. It wasn’t that we didn’t go out there and didn’t know about it.

Mr. Baker stated there was a third sketch that Jack Grimes had of the ball field where home base was up next to the playground. He asked Mr. West if anybody looked at that. Mr. West will review the file to see if he can find another sketch.

Mr. Dawkins asked if we couldn’t go ahead and start the permitting process through DHEC. Mr. West advised we would need the design drawings.

Mr. Shelton said there was already a well on the property. Mr. Baker said it probably would not pass. It has been checked and it was dug for a residential house. A commercial well won’t pass on a residential.

Mr. Livingston asked if the field were turned to where the home plate was where the current playground area is, and you showed this property as being contiguous to the piece of property the fire department is, could it not be presented to DHEC as a multi-functional recreational use facility instead of just trying to single-handedly go with this piece of property. Mr. Baker said the fire department is about a block away. There are two houses in between.

Mr. Summer requested a motion to form a committee headed by Mr. Baker, Mr. Adams or his representative, Mr. West and Mr. Shelton to pick somebody from the community to work together and try to reduce some of the costs. Mr. Hawkins so moved; second by Mr. Dawkins. Mr. Hawkins added to that motion to go ahead and start looking at the permitting process. Vote was unanimous.

14. Requests by Councilmen.

Mr. Livingston requested signage recognizing the Dixie Youth around the ball fields in Prosperity, Pomaria, Little Mountain and Whitmire.

15. Public Comments.

No one signed up.

16. Vote for Executive Session, When Necessary.

Mr. Waldrop moved to go into Executive Session to discuss a contractual matter concerning the Highway 219 Interchange; second by Mr. Baker. Vote was unanimous.

17. Executive Session.

[EXECUTIVE SESSION 8:19 P.M. – 9:09 P.M.]

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

18. Necessary Action on Matters Discussed in Executive Session.

No action necessary.

19. Comments from County Administrator.

Mr. Adams stated our HR Director has been working with the Sheriff’s Department, particularly Major Todd Johnson, on developing a commissioning and training course for the code enforcement officers. We have begun with one seminar, but there is a total of 21.5 hours of class time. The curriculum comes from the Sheriff’s Academy’s training materials. We have not yet determined the date by which the school will be finished, and we will be able to commission them to begin enforcing. We do want to put them through this training and commissioning before they begin any enforcement activity.

20. Comments from Council Members.

Mr. Dawkins reminded Council about Piedmont Tech’s graduation tomorrow night. This will be Dr. Lex Walters final graduation after 30 years as President.

21. Future Meetings.

Mr. Summer announced the meetings of September 5 and September 19, 2007 at 7:00 p.m.

22. Vote to Adjourn.

Mr. Hawkins moved to adjourn.

23. Adjournment.

There being no further business, the meeting adjourned at 9:10 p.m.

NEWBERRY COUNTY COUNCIL

________________________________

Henry B. Summer, Chairman

________________________________

Susan C. Fellers, Clerk to Council

APPROVED: September 5, 2007