NEWBERRY COUNTY
COUNCIL
MINUTES
SEPTEMBER 6, 2006
Newberry County Council met on Wednesday, September 6, 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
Wayne Adams, County Administrator-elect
Gary T. Pope, County Attorney
Susan C. Fellers, Clerk to Council
Media: Heather Hawkins, WKDK
Cindy Pitts, 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.
Mr. Dawkins had the invocation followed by the Pledge of Allegiance.
Mr. Hawkins introduced Wayne Adams, County Administrator-elect.
Adoption of Consent Agenda.
Mr. Waldrop moved to adopt the consent agenda; second by Mr. Summer. Vote was unanimous.
Additions, Deletions and Adoption of Agenda.
The following amendments were requested:
1. Move agenda item #6 after Executive Session (now agenda item #12).
2. Delete agenda item #9 (taken care of in Work Session).
3. Under Executive Session, add a contractual matter concerning the Detention Center, and an economic development matter entitled “Project Orange.” (agenda items 11.5 and 12, respectively)
4. Add consideration of change of meeting dates in September and October (agenda item 10.5)
Mr. Morris moved to adopt the agenda as amended; second by Mr. Waldrop. Vote was unanimous.
Public Comments.
Several persons signed up under public comments to speak about agenda item #5, and Mr. Hawkins advised they would be allowed to speak at that time.
1. 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. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Morris moved for second reading; second by Mr. Baker. Vote was unanimous.
2. An Ordinance declaring the time for appeals of assessments for the tax year 2006.
Mr. Waldrop moved for second reading; second by Mr. Morris. Vote was unanimous.
3. 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. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Waldrop moved for second reading; second by Mr. Morris. Vote was unanimous.
4. An Ordinance to close a portion of
Brown Road to public use.
Mr. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Dawkins moved for second reading; second by Mr. Waldrop. Vote was unanimous.
5. An Ordinance authorizing the release
of certain real property from the mortgage, security agreement, and assignment
of leases, rents and profits dates of June 1, 2005, from Newberry County, South
Carolina, and Newberry County Memorial Hospital Board of Trustees, to Wachovia
Bank, National Association, to which U.S. Bank National Association is
successor Bond Trustee; and other matters relating thereto.
David Jacobs, President of Atrium Development, residing at 6133 Lakeshore, Columbia, SC, advised this would be a two story, 44,7000 square foot building, which would house 12 practices and would be located on approximately 1.7 acres in front of the hospital. The playground equipment and the walking track would be moved to the other side.
John Boozer and Dr. Mac Hughes were present and requested that the Council give favorable consideration to their request.
There being no further discussion, Mr. Dawkins moved for first reading; second by Mr. Morris. Vote was unanimous.
[Item 6 moved to item 12.]
7. Committee Reports.
No committee reports.
8. Appointments.
No appointments.
9. Approval of location for building
of Rescue Squad #14.
Mr. Hawkins announced that Council voted in its work session at 6:00 p.m. to locate the Newberry County Rescue Squad #14 building in some appropriate site on the fairgrounds property.
10. Accommodations Tax Report.
Mr. Pope reported that last fiscal year there were no expenditures from the Accommodations Tax nor did the committee meet during the year. Newberry County received $75,918.48, and after deducting the $25,000 that the County is entitled to retain and the 5%, $2,545.92, funds carried forward to the current fiscal year were $48,372.25. Of that sum, $15,275.54 must be used for tourism promotion, and $33,097.01 for tourism related expenditures.
For the current fiscal year, Newberry County has received another $50,756.19. Of this amount $25,000 goes to the County plus the 5%, $1,278.81. Of the balance, $7,726.86 is available for tourism promotion and $16,741.52 for tourism related expenditures.
Mr. Pope has talked with Ernie Shealy, Chairman of the Accommodations Tax Committee, and Mr. Shealy advised they were planning to have a meeting very soon. Mr. Pope offered to help them with the advertising of the meeting and the mailing of the applications to interested parties.
County Council requested copies of the policies and procedures of the Accommodations Tax Committee.
10.5 Consideration of request to
change dates of meetings in September and October.
Because of potential conflicts with meeting dates in September and October and Mr. Waldrop moved that the September 20 meeting be changed to September 27 and the October 18 meeting be changed to October 25; second by Mr. Baker. Vote was unanimous.
Executive Session.
11. Legal - Highway 219 Building.
11.5 Contractual
– Detention Center.
12. Economic
Development – “Project Orange”.
Mr. Hawkins advised that Council needed to go into Executive Session to discuss a contractual matter with the Detention Center (Sheriff Foster will attend during this discussion); an economic development matter concerning “Project Orange”, and a legal matter concerning the building on Highway 219 (Mr. Pope and Mr. Baker will not attend discussions on the legal matter). Mr. Morris moved to go into Executive Session; second by Mr. Summer. Vote was unanimous.
[EXECUTIVE
SESSION 7:25 P.M. – 8:50 P.M.]
[Councilman Edgar Baker left at 8:18 p.m.]
Mr. Morris moved to return to open session; second by Mr. Dawkins. Vote was unanimous. [Mr. Baker absent]
Mr. Hawkins reported the following:
1. Council discussed a contractual matter with Sheriff Foster concerning the Detention Center. Sheriff Foster will continue negotiations and will keep Council advised.
2. No action on “Project Orange” needs to be taken at this time. The County Attorney will continue negotiating before Council votes on any contract.
3. Council had a conference call with its attorney, Frank Smith, and in his opinion since the lawsuit regarding the building on Highway 219 has already been filed and the contractor served, it could be at least 12 to 24 months before anything is known. Accordingly, Mr. Hawkins asked for a motion to go ahead and start searching for a permanent home for the Sheriff’s Office. Mr. Dawkins so moved; second by Mr. Caldwell. Vote was unanimous. [Mr. Baker absent].
Future Meetings.
Mr. Hawkins announced the following upcoming meetings: September 27, 2006, at 7:00 p.m.; October 4, 2006, at 7:00 p.m.; and October 25, 2006, at 7:00 p.m.
Comments from County
Administrator.
No comments.
Comments from Council
Members.
Mr. Summer reminded Council of “On the Move with Margaret” at WKDK on Monday, September 11, 2006, at 9:30 a.m.
Adjournment.
There being no further business, Mr. Morris moved to adjourn; second by Mr. Waldrop. Vote was unanimous. [Mr. Baker absent]
Meeting adjourned at 8:54 p.m.
NEWBERRY COUNTY COUNCIL
_______________________________
Mike Hawkins, Chairman
_______________________________
Susan C. Fellers, Clerk to Council