NEWBERRY COUNTY COUNCIL

MINUTES

AUGUST 31, 2005

The Newberry County Council met on Wednesday, August 17, 2005, at 7:00 p.m. in Council Chambers for a regular meeting.

Present were: Mike Hawkins, Chairman

William D. Waldrop, Vice-Chairman

John E. Caldwell, Councilman

Henry B. Summer, Councilman

John David Dawkins, Councilman

Andy Morris, Councilman

Edgar Baker, Councilman

Leonard B. Sossamon, Jr., County Administrator

Gary T. Pope, County Attorney

Susan C. Fellers, Clerk to Council

Media: Cindy Pitts, The Newberry Observer

Heather Hawkins, WKDK

Cassie Fowler, Whitmire News

Notice of the meeting was duly advertised as required by law.

Chairman Mike Hawkins called the meeting to order and determined a quorum to be present.

Councilmen John E. Caldwell had the invocation followed by the Pledge of Allegiance.

ADOPTION OF CONSENT AGENDA:

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

ADDITIONS, DELETIONS AND ADOPTION OF AGENDA:

The following additions were requested:

1. Consideration of financial help to American Red Cross (Councilman Waldrop) [Agenda Item #11.1]

2. Executive Session – 3 economic development matters; 3 contractual matters; 1 legal matter; and 2 personnel matters.

3. Proclamation for Industry Appreciation Week. [Agenda Item #11.2]

4. Resolution. [Agenda Item #11.3]

5. Timber Sale Agreement and Deed for 46 acres in Helena. [Agenda Item #14]

6. Consideration of purchase of Burch property. [Agenda Item #15]

7. Lake Murray Public Safety Complex. [Agenda Item #16].

There being no further additions or deletions to the agenda, Mr. Caldwell moved to adopt the agenda as amended; second by Mr. Baker. Vote was unanimous.

.5 PRESENTATION OF RESOLUTION TO WESLEY BOLAND.

Mr. Hawkins read into the record a Resolution presented to Wesley Boland by Newberry County Council and congratulated and thanked Lt. Boland for his contributions to Newberry County. [copy attached]

.6 ASSESSOR’S OFFICE – TEMPORARY HELP.

Mr. Dawkins questioned the need for the temporary help in the Assessor’s Office since the temporary help is not qualified to grade houses but can only measure new houses and businesses. This information can also be obtained from the Building Department and felt the information from the blueprints on file with the Building Department would be more accurate.

Mr. Pope pointed out that houses are not required to be drawn by architects and that the Department of Revenue regulations may require an on-site visit.

PUBLIC COMMENTS:

No comments from the public.

1. AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP ESTABLISHED PURSUANT TO ZONING ORDINANCE No. 12-24-01 SO AS TO REZONE TMS PARCEL NO. 290-11 FROM RURAL (R-2) TO LIGHT INDUSTRIAL (LI).

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

2. AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP ESTABLISHED PURSUANT TO ZONING ORDINANCE NO. 12-24-01 SO AS TO REZONE TMS PARCEL NO. 243-9 FROM RURAL (R-2) TO LIGHT INDUSTRIAL (LI).

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 NO. 12-24-01 SO AS TO REZONE TMS PARCEL NO. 588-14 FROM RURAL (R-2) TO LIMITED COMMERCIAL (LC).

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

4. CABLE TELEVISION FRANCHISE ORDINANCE FOR THE COUNTY OF NEWBERRY, SOUTH CAROLINA AND COMCAST OF THE SOUTH.

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

5. NEWBERRY COUNTY ANIMAL CONTROL ORDINANCE.

Mr. Dawkins moved for second reading; second by Mr. Morris. 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 TMS PARCEL NO. 339-1-28 FROM RURAL (R-2) TO BASIC INDUSTRIAL (BI).

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

7. AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP ESTABLISHED PURSUANT TO ZONING ORDINANCE NO. 12-24-01 SO AS TO REZONE TMS PARCEL NOS. 339-4-2, 339-4-3, 339-4-4 AND 339-4-7 FROM GENERAL COMMERCIAL (GC) TO RURAL (R-2).

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

8. AN ORDINANCE TO AMEND THE TEXT OF THE NEWBERRY COUNTY ZONING ORDINANCE NO. 12-24-01 SO AS TO CHANGE THE LOT SIZE REQUIREMENTS FOR CERTAIN CLASSES OR PEROPTY IN THE R-2, RS-1, RS-2, RS-3, RS-4, RG AND LC ZONING DISTRICTS.

Mr. Morris stated counties were going to larger lots and not smaller and felt this was the wrong move for Newberry County.

Mr. Pope advised that this amendment was brought up in July and September of 2004 at which time Council sent it back to the Planning Commission for further consideration. The Planning Commission made additional changes and sent it back for consideration by Council. The recommended changes were misplaced in Mr. Pope’s office, and it was just recently brought to his attention that this needed to again come before County Council.

After discussion, Mr. Waldrop felt it should be left as it was until someone wanted to develop property and then Council could consider it.

Mr. Summer did not feel making lot sizes smaller was a good idea and felt a work session might be necessary on this. He was not in favor of this amendment in the form it was presented. .

Mr. Baker and Mr. Caldwell were also opposed to the amendment.

Mr. Hawkins called for the question. Voting for first reading: None. Vote against first reading was unanimous. Motion failed.

9. COMMITTEE REPORTS.

No reports.

10. APPOINTMENTS.

Mr. Dawkins recommended the appointment of Milledge L. Wilson to the Airport Commission from District 2.

Mr. Caldwell recommended the appointment of Reverend Brady C. Boyd to the Westview Board from District 7.

Mr. Caldwell recommended the following appointments to the GLEAMNS Board: Private Sector – Genelle Ruff; Public Sector – J.E. Caldwell.

There being no further appointments, Mr. Waldrop moved to approve the recommendations; second by Mr. Baker. Vote was unanimous.

11. BUSH RIVER ACTIVITY CENTER – ROOF.

Mr. Waldrop advised that Council had assisted other community centers such as Hartford, Chappells and the Ruritan Club, in the past and that this request should be given consideration. This facility is a voting precinct and is used by senior citizens of the county.

Mr. Baker was not in favor of the foam roof as that material is not suitable for a long period of time.

Mr. Summer moved that Mr. Waldrop meet with the people at Bush River Activity Center, do additional research and come back with a recommendation; second by Mr. Caldwell.

Mr. Waldrop requested that Mr. Baker also meet with them.

Mr. Pope requested that Mr. Waldrop obtain the following documentation from Bush River Activity Center for his review: Charter from Secretary of State, 503 letter from the IRS, By-laws and copy of the Deed. If they meet all the criteria, Mr. Pope felt there was no problem with giving them the money, but we want to make sure they are not discriminatory.

Mr. Hawkins called for the question. Vote was unanimous.

11.1 AMERICAN RED CROSS.

Mr. Waldrop stated that during budget discussions the American Red Cross requested financial assistance from Newberry County, which was turned down at that time. Mr. Waldrop requested that in view of the disaster with Hurricane Katrina that County Council reconsider and try to help the Red Cross financially.

Mr. Morris moved that the County donate $10,000 to the American Red Cross for designated disaster relief; second by Mr. Baker.

Mr. Hawkins stated he would vote for the motion but he had reservations about the taxpayers’ money being donated to causes because taxpayers like to choose what donations are made and to whom.

Mr. Summer reminded Council of what the American Red Cross does for Newberry County and that it is a worthy cause.

Mr. Hawkins called for the question. Vote was unanimous.

11.2 PROCLAMATION FOR INDUSTRY APPRECIATION WEEK.

Mr. Sossamon advised that the week of September 19 through September 23, 2005 is Industrial Appreciation Week and recommended that County Council adopt the Proclamation.

Mr. Morris moved to adopt the Proclamation; second by Mr. Baker. Vote was unanimous.

11.2 LOCAL MATCH RESOLUTION.

Mr. Sossamon advised that this was a local match resolution relating to the proposed Newberry County Library.

Mr. Summer moved to adopt the Resolution; second by Mr. Morris. Vote was unanimous.

Mr. Morris moved to go into Executive Session; second by Mr. Dawkins. Vote was unanimous.

[EXECUTIVE SESSION 8:03 P.M. – 10:20 P.M.]

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

The following matters were acted on as a result of the Executive Session:

1. Mr. Pope reported that the Lake Murray Public Safety Complex bids, which were all over budget, were discussed in Executive Session:

Mr. Morris moved to reject all bids and revise the plans to meet the budget; second by Mr. Waldrop. Vote was unanimous.

2. Helena Property (agenda item #13):

Mr. Morris moved to accept the bid from Charles Doolittle for the timber sale on the approximately 46 acres in Helena; second by Mr. Dawkins. Vote was unanimous.

3. Mr. Morris moved to give first reading to an ordinance regarding dilapidated housing; second by Mr. Baker. Vote was unanimous.

4. Burch Property (agenda item #15):

Mr. Baker moved to authorize the County to purchase the Ann Burch property located at the corner of Harrington and Caldwell for $75,000; second by Mr. Morris. Vote was unanimous.

5. Mr. Dawkins moved to give first reading to an amendment to the Exotic Animal Ordinance; second by Mr. Waldrop. Vote was unanimous.

6. Mr. Caldwell moved to authorize the County Administrator to pursue a lease/purchase arrangement in order to buy a new truck for Friendly Fire Department; second by Mr. Summer.

Mr. Dawkins stated there was need for a new truck because Stoney Hill sub-station did not have a truck and the old truck from Friendly would go to Stoney Hill.

Mr. Morris felt the policy of the Board of Rural Fire Control was not being adhered to because the original agreement was that a truck from Prosperity would go to Stoney Hill.

Mr. Morris moved to table the prior motion; second by Mr. Baker. Voting in favor of the motion: Councilmen Morris and Baker. Voting against the motion: Councilmen Hawkins, Waldrop, Caldwell, Summer, and Dawkins. Motion failed.

The original motion being back on the table, Mr. Dawkins was in favor of the lease/purchase. The purchase of this truck was adopted and approved in the budget ordinance, and it would take three readings of an ordinance and a public hearing to change the decision.

Mr. Baker said he could not vote on this until he received a recommendation from the Board or Rural Fire Control.

Mr. Morris suggested hiring a consultant to perform an assessment of the equipment, how it is distributed and make recommendations to Council.

Mr. Caldwell felt that the volunteers should have the best equipment.

Mr. Hawkins called for the question. Voting for the motion to pursue a lease/purchase arrangement: Councilmen Hawkins, Waldrop, Caldwell, Summer, and Dawkins. Voting against the motion: Councilmen Morris and Baker. Motion passed by majority vote.

Mr. Hawkins announced future Council meetings on September 21 and October 5, 2005 at 7:00 p.m.

There being no comments from the County Administrator or Council Members, Mr. Waldrop moved to adjourn; second. Vote was unanimous.

Meeting adjourned at 10:44 p.m.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council