NEWBERRY COUNTY COUNCIL

MINUTES

AUGUST 16, 2006

The Newberry County Council met on Wednesday, August 16, 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

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

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. Baker had the invocation followed by the Pledge of Allegiance

Mr. Hawkins announced that Newberry County won the 2006 J. Mitchell Graham Award.

Adoption of Consent Agenda.

Mr. Morris moved to adopt the consent agenda; second by Mr. Dawkins. Vote was unanimous.

Additions, Deletions and Adoption of Agenda.

The following amendments were requested:

1. Acceptance of grant offer for Newberry County Airport (Agenda Item #15).

2. Deletion of Agenda Item #4.

3. Delete contractual matter under Executive Session, but add a personnel matter concerning the County Administrator position (Agenda Item #13).

Mr. Morris moved to adopt the agenda as amended; second by Mr. Baker. Vote was unanimous.

Personal Appearances.

1. Acceptance of Homeland Security Grant for purchase of command trailer.

Todd Johnson, Major with the Sheriff’s Office, requested approval to purchase a command trailer from Homeland Security Grant funds. There is no cost to the County. The command trailer will be used not only by the Sheriff’s Office but also by emergency services throughout the county. It will be available to pull to any scene. There are also funds allocated in the Homeland Security Grant to equip it with computers, radios, etc. They have received competitive bids with Lester RV submitting the low bid at $27,928. SLED has approved the bid from Lester RV.

Mr. Waldrop moved to accept; second by Mr. Morris. Vote was unanimous.

Public Comments.

Scott Meetze, 4674 Mt. Pleasant Road, secretary-treasurer of the Newberry County Rescue Squad, requested a work session between the Newberry County Rescue Squad, Haz-Mat, Emergency Services Board and County Council to resolve the location of the new building for the Rescue Squad and Haz-Mat.

Mr. Dawkins, Chairman of the Emergency Services Board, reported several locations have been discussed and for various reasons have been rejected.

Mr. Hawkins advised Council would set up a time at the work session on August 30 to meet with the interested parties and requested that they have three sites ready for discussion at that meeting.

Clifford Gill, 923 Gilder Street, member of the Fairground Commission, advised they only have 4 active members and requested that Council appoint some more people.

2. An Ordinance to amend Ordinance #12-48-05 relating to the regulation of manufactured homes in Newberry County.

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

3. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #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. Waldrop moved for third reading; second by Mr. Baker. Vote was unanimous.

4. An Ordinance to amend the text of the Newberry County Zoning Ordinance #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.

Deleted.

5. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone 275 acres, more or less, designated as TMS Parcel Nos. 573-34, 573-15, 576-1, 575-1, and a portion of TMS No. 574-10 from Rural (R-2) to Basic Industrial (BI).

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

6. An Ordinance declaring the time for appeals of assessments for the tax year 2006.

Mr. Dawkins moved for first reading; second by Mr. Baker.

Mr. Hawkins stated this would give people an opportunity to appeal their assessment after they get the tax bill since reassessment notices did not go out this year.

Mr. Waldrop added if they appeal, they would pay 80% of the tax under appeal until the appeal is decided.

There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.

7. An Ordinance to close Plum Nearly Road to public use from Highway 56 west to McWhorter Drive, but to maintain public use and maintenance for any remaining portions of said road, and to abandon the county bridge across Mudlick Creek.

Mr. Waldrop moved for first reading; second by Mr. Morris.

Mr. Caldwell asked the reason for the request to close the road. Mr. Waldrop explained that the wooden bridge is out, and the people who live on the road have requested that it be closed. It would cost approximately $250,000 to replace the bridge. The pilings under the bridge have deteriorated to the point that traffic cannot cross the bridge. Mr. Waldrop, Mr. Pope and Tommy Whitehead (Public Works Director) met with the people, and they all agree that it should be closed. It would save the taxpayers a large amount of money if it were closed.

Mr. Morris stated the Road Committee also recommended the closing of the road.

There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.

8. An Ordinance to close a portion of Brown Road to public use.

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

9. Committee Reports.

Airport: Mr. Baker reported that Todd Clamp had an agreement with the Airport Committee to keep the money from the T-hangar rentals. Now that the County has taken over, there is some back money due; however, one or two people have paid in advance. One has paid through the year 2012. There is money available through that fund in the amount of $12,700 outstanding. Mr. Baker inquired as to how Council wanted to handle that.

Mr. Hawkins requested that the County Administration and the County Attorney to look into this.

No other committee reports.

10. Appointments.

Mr. Dawkins recommended the reappointment of Melony Fellers and Marie Harmon to the Employee Grievance Committee.

There being no further recommendations, Mr. Waldrop moved to accept the recommendations; second by Mr. Morris. Vote was unanimous.

11. Consideration of request to transfer title to tanker to Town of Whitmire.

Mr. Klugh advised there was a request from the Town of Whitmire for the ownership of a vehicle to be transferred to the Town, and they, in the future, would be responsible for the maintenance and operation of it. This is a vehicle that the County no longer uses, and it has been taken out of the County inventory and no longer has insurance carried on it. It is a 3,000 gallon tanker that was at Consolidated Fire Department.

Larry DeHart, 969 Suber Road, Pomaria, president of Consolidated Fire Department, stated when they received two new trucks, they had to turn in four tankers, which amounted to 12,000 gallons of water. With the two new tankers, they only have 6,000 gallons of water. They are the only area in the county that does not have rural water. Because Consolidated is limited with access to water, Mr. DeHart requested that Council put the tanker back in their inventory so they will have a way to haul water.

Consolidated was able to get the ISO rating to a 7 because they had water available to fight fires but without this old tanker they don’t.

Mr. DeHart said the way the new tankers are designed, they can’t be taken off the road.

Mr. Dawkins advised the tanker truck came before the Board of Rural Fire Control three times and the Board voted they did not want that tanker in the county. Consolidated got the tanker before they got permission from the Board of Rural Fire Control. Even prior to Council considering ordering the new tankers this one was off the road (November 17, 2004). From 1962 to 2002, Newberry County had only purchased 19 fire trucks. From 2002 to the current time, Newberry County has bought 24 new fire trucks at a cost of a little over $3,000,000. Consolidated is locked into the ISO and whether they get this old truck back or not will have no affect on that. The junk trucks were to be turned in in lieu of the new ones. If this is a good truck, Consolidated should have told us it was good before the County bought the replacement at a cost of approximately $160,000. Consolidated brought it up to the Opera House because it was a piece of junk and somebody was going to get killed for driving this kind of junk that County Council was forcing them to drive. We bought a new one and now they want to keep the old one, too.

Mr. Caldwell stated if the new trucks won’t go off the road, they aren’t worth a hill of beans. If you got a truck that can do it, it is common sense to put that truck into service wherever you can put it.

Mr. Morris moved to allow Consolidated to keep the tanker; second by Mr. Caldwell.

Mr. Dawkins stated it was voted down by the Board of Rural Fire Control and the Emergency Services Board for them to keep it.

There being no further discussion, Mr. Hawkins called for the question. Voting for the motion: Councilmen Morris, Waldrop, Summer, Caldwell and Baker. Voting against the motion: Councilmen Hawkins and Dawkins. Motion passed by majority vote.

12. Consideration of renewal of contract with First Vehicle Services.

Mr. Klugh presented a proposed extension of the contract between the County and First Vehicle Services for the term July 1, 2006 through June 30, 2007. According to the contractual arrangement with First Vehicle Services, it contains a 3.4% CPI increase. The total contract now would be $414,749. This year’s budget was based upon the anticipated 3.4% CPI increase. The contract was initially established in 2002 for a period of three years with the provision for a year-to-year extension from that point. This would be a one year extension to the agreement.

Mr. Waldrop moved to accept the extension of the contract; second by Mr. Morris.

Under discussion Mr. Waldrop stated there are a lot of local people who work on this type of equipment and felt it should be put out for bid for local companies to bid on. Mr. Klugh advised the appropriate time to do that would be next spring.

Mr. Baker also requested that it be bid out next year.

There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.

12.5 Newberry County Fairgrounds.

Mr. Hawkins advised that the Fairgrounds Commission has requested funds in anticipation of a county fair from September 21-25, 2006 and thought when the Fairgrounds Commission was speaking earlier, they would make this request but they did not. Without objection, Mr. Hawkins added this matter to the agenda and requested that someone from the Fairgrounds Commission address this issue.

Harold Ruff, 6269 SC Highway 395, Newberry, member of the Fairgrounds Commission, advised they are considering a fair September 22-25, 2006, which would include a midway, entertainment, and youth to show animals. Currently the Fairgrounds Commission has approximately $3,000 in funds. Work also needs to be done on the facilities at the fairgrounds. The Commission requested financial assistance from the County for the fair.

After lengthy discussions as to the finances and building needs/repairs, Mr. Morris moved to go ahead and grant the Fairgrounds $10,000 from the contingency fund; second by Mr. Waldrop.

Mr. Summer stated he was not in favor of the motion until Council receives a detailed budget setting forth where the money would go.

Mr. Morris amended his motion to provide that the money be spent on capital needs at the fairgrounds and not the fair. After providing Council with a detailed budget, Council could consider granting other monies for the fair.

Mr. Summer felt the Fairgrounds Commission should provide Council with a detailed list of improvements before granting them the funds.

Mr. Morris withdrew his motion.

After further discussion, Mr. Hawkins moved to postpone consideration of the Fairgrounds Commission request for two weeks at which time the Commission will present to Council at a work session on August 30, 2006 a detailed budget and a list of needed improvements to the facilities; second by Mr. Morris. Voting for the motion: Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker. Voting against the motion: Councilman Caldwell. Motion passed by majority vote.

Executive Session.

13. Contractual – deleted.

14. Personnel – County Administrator position.

Mr. Hawkins advised that Council needed to go into Executive Session to discuss a personnel matter regarding the County Administrator position. Mr. Morris moved to go into Executive Session; second by Mr. Summer. Vote was unanimous.

[EXECUTIVE SESSION 8:39 P.M. – 8:50 P.M.]

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

Mr. Hawkins advised when the search for the County Administrator began, it was advertised in The Newberry Observer, The State, The Charlotte Observer, the South Carolina Association of Counties website and the Municipal Association of South Carolina website. There were 43 applicants for the position and ended up with the following 3 finalists: Wayne Adams, Edgefield County Administrator since 1995; Steve Ford, Spartanburg County Director of Office of Register of Deeds and Records; and Ron Rabun, Management Consultant, who was the Oconee County Administrator until June of 2006. Council has decided on one of these finalists.

Mr. Morris moved to adopt the following Resolution; second by Mr. Waldrop.

Mr. Hawkins read the Resolution into the record:

WHEREAS, Newberry County Council, as the governing body of Newberry County, has the statutory authority to employ a County Administrator, pursuant to the provisions of the Home Rule Act, codified at 4-9-10, et. seq., and in particular pursuant to §4-9-620, of the South Carolina Code of Laws of 1976, and

WHEREAS, after extensive advertising, and interviewing of candidates, the County Council resolves to offer employment to Ronald Wayne Adams, as County Administrator on the terms set forth in the attached Memorandum of Understanding and Employment Agreement [the “Agreement”], and to authorize the Chairman of County Council to enter into the aforesaid Agreement with Ronald Wayne Adams, and on behalf of County Council to employ him as Newberry County Administrator for a term of three years on the terms and conditions set forth in said Agreement.

AND IT IS RESOLVED.

ADOPTED by the Newberry County Council in meeting duly assembled this 17^th day of August, 2006.

There being no discussion, Mr. Hawkins called for the question. Vote was unanimous.

15. Newberry County Airport – Acceptance of Grant Offer.

Mr. Pope advised the County has filed an application with the FAA for airport improvements, which include the land acquisition and engineering costs. The FAA has offered to grant funds in the amount of $609,701 to cover this phase of the airport development. The County must respond by August 25, 2006. The FAA needs a Resolution where the County agrees to accept these funds and the grant and authorizing appropriate persons to execute documents on behalf of the County.

Mr. Pope advised that the Resolution provides that Mr. Klugh is authorized to sign as long as he is here, and Mr. Adams is authorized to sign thereafter, and in the absence of either of them, Mr. Hawkins, as Chairman of County Council, is authorized to sign.

Mr. Morris moved to adopt the Resolution; second by Mr. Waldrop.

Mr. Caldwell asked for an explanation of the Resolution. Mr. Pope advised the Resolution authorizes the County to accept the money on the terms proposed by the FAA grant, which covers the land acquisition and the engineering costs, the total amount being $609,701.

Mr. Pope advised that the land on the end near Highway 76 has been deeded to the County and everything has been recorded. On the other end 8 persons own the property, and they have not accepted our offer. A condemnation has been filed to start this process. When Council initially authorized the grant process, Council agreed to take whatever steps were necessary to acquire the property including condemnation.

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.

Future Meetings.

Mr. Hawkins announced the following upcoming meetings: (1) Work session on Wednesday, August 30, 2006, at 1:00 p.m.; (2) September 6, 2006 Council meeting; and (3) September 20, 2006 Council meeting.

Comments from County Administrator.

No comments.

Comments from Council Members.

Mr. Summer stated the J.F. Hawkins/Springfield Place financial report through June 2006 indicated a positive cash flow of $225,000 for the month and for the year a positive cash flow of $828,000.

Mr. Dawkins requested the attorney handling the Sheriff’s Office Building on Highway 219 to be present at the August 30, 2006 meeting to give an update.

Mr. Waldrop also requested a meeting with the Sheriff.

Mr. Caldwell requested investigating the possibility of placing signs on the Interstate to let people know Newberry County winning the J. Mitchell Graham Award.

Mr. Caldwell met with the CTC regarding a list of individuals requesting that St. Mary’s Church Road be paved; however, the road does not meet the standards for paving.

Adjournment.

There being no further business, Mr. Baker moved to adjourn; second by Mr. Morris. Vote was unanimous.

Meeting adjourned at 9:04 p.m.

NEWBERRY COUNTY COUNCIL

_______________________________

Mike Hawkins, Chairman

_______________________________

Susan C. Fellers, Clerk to Council