NEWBERRY COUNTY
COUNCIL
MINUTES
SEPTEMBER 27, 2006
Newberry County Council met on Wednesday, September 27, 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
Wayne Adams, County Administrator
Gary T. Pope, County Attorney
Susan C. Fellers, Clerk to Council
Media: Heather Hawkins, WKDK
Cindy Pitts, Newberry Observer
Tarla Wilber - 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. Morris had the invocation followed by the Pledge of Allegiance.
Mr. Hawkins introduced Wayne Adams, County Administrator.
Adoption of Consent Agenda.
Mr. Morris moved to adopt the consent agenda consisting of minutes of the meetings of August 16, 2006 (work session and regular meeting); August 23, 2006; August 30, 2006; September 6,2006 (work session and regular meeting); and September 13, 2006; second by Mr. Waldrop. Vote was unanimous.
Additions, Deletions and Adoption of Agenda.
The following amendments were requested:
1. Add a budget amendment relating to capital needs (Agenda Item #13.5)
2. Add a second personnel matter under Executive Session (Agenda Item #17.1)
3. Add a time for the press to ask questions for clarification after the comments from the Council members.
Mr. Morris moved to adopt the agenda as amended; second by Mr. Waldrop. Vote was unanimous.
Public Comments.
No comments from the public.
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. Dawkins moved for third reading; second by Mr. Baker. Vote was unanimous.
2. 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 third reading; second by Mr. Morris. Vote was unanimous.
3. An Ordinance to close a portion of Brown Road to public use.
Mr. Dawkins moved for third reading; second by Mr. Morris. Vote was unanimous.
4. An Ordinance declaring the time for appeals of assessments for the Tax Year 2006.
Mr. Dawkins moved for third reading; second by Mr. Baker. 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 dated as 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.
Mr. Hawkins called for the public hearing.
Lynn Beasley with Newberry County Memorial Hospital advised that the Board of Trustees of the hospital supports the proposed Ordinance for the sale of the land.
Mr. Baker will vote against the proposal because it doesn’t state the amount of the sale nor does it specify where that amount is to go.
Mr. Beasley stated the amount is the appraised value of the property, and a use has not been specified. The bondholders may have suggestions in that regard or maybe even requirements in that regard. When the hospital went through refinancing of its bonds, it pledged support for any windfall funds becoming available to the hospital and that they could be used to make advance payments toward paying off the bonds early. The hospital has some reserves, and those reserves are needed for the operation of the hospital during tight times and unforeseen things. The hospital would like to be able to maintain a strong business position in terms of reserves but would entertain any suggestions the Council might have.
The appraisal on the 1.7 acres for sale is $144,000.
Mr. Baker was willing on second reading to vote for it provided the information just presented would be included in third reading. Mr. Beasley asked if he wanted it included in the ordinance itself or a supplement with supportive information. Mr. Baker stated a supplement would be fine.
Mr. Caldwell agreed that this part should be included.
Mr. Pope pointed out the amendment for second reading, which clarifies the fact that County Council would be approving the sale of this property. Originally it was presented as releasing the property from the mortgage, but it also includes the sale. In terms of the use of the money, right now all of the property is pledged for the bonds. The hospital is trying to get this office building under way. Mr. Pope didn’t think the money would come back to the County under any circumstances. The land is supposedly devoted to the use of the hospital.
There being no further comments, Mr. Hawkins declared the public hearing closed.
Mr. Morris moved for second reading; second by Mr. Dawkins.
Mr. Morris moved to amend the ordinance to include the sale of the land for the purpose of constructing a medical office building; second by Mr. Caldwell. Vote was unanimous.
Mr. Hawkins called for question on the main motion for second reading as amended. Vote was unanimous.
6. An Ordinance authorizing the sale of merchantable hardwood, pine timber and pulpwood on County Home property on Highway 34.
Mr. Morris moved for first reading; second by Mr. Dawkins.
Mr. Morris moved to amend the ordinance to include the fairgrounds; second by Mr. Dawkins. Voting for the amendment: Councilmen Waldrop, Summer, Dawkins, Morris and Baker. Voting against the amendment: Councilman Hawkins. Councilman Caldwell abstained because this motion included the whole fairgrounds and should be more specific as to the portion.
Mr. Morris moved to amend the ordinance to include approximately 49 acres located on the fairgrounds property; second by Mr. Dawkins. Voting for the amendment: Councilmen Waldrop, Caldwell, Summer, Dawkins, Morris and Baker. Voting against the amendment: Councilman Hawkins.
Mr. Hawkins called for the question on the main motion as amended. Voting for the motion: Councilmen Waldrop, Caldwell, Summer, Dawkins, Morris and Baker. Voting against the amendment: Councilman Hawkins.
7. An Ordinance authorizing the sale of
merchantable hardwood, pine timber and pulpwood on County Airport property.
Mr. Morris moved for first reading; second by Mr. Baker.
Mr. Pope explained that this timber was being cut to put the AWOS system in, which is the automated weather station. The Ordinance provides that the money will be put back into the Airport to grub the land that has to be cleared.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
8. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone two tracts containing 47 acres, designated as TMS Parcel Nos. 247-2 and 249-3, from Rural (R-2) to Residential (RS-1).
Mr. Waldrop moved for first reading; second by Mr. Baker. Vote was unanimous.
9. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone a three acre portion of TMS Parcel No. 574-4 from Rural (R-2) to General Commercial (GC).
Mr. Waldrop moved for first reading; second by Mr. Morris. Vote was unanimous.
10. An Ordinance to transfer to the Town of Little Mountain a tract of land formerly used for fire fighting purposes by the County.
Mr. Dawkins moved for first reading; second by Mr. Baker.
Mr. Caldwell asked where this land was located. Mr. Dawkins advised that when the Rural Fire Service was created in 1962, Little Mountain deeded a tract of land to the county to build a fire station. Some years ago the County was not using all of this land and deeded part of this property back where the Town of Little Mountain Town Hall is located now. Three years ago a new fire station was built on land given to the County, and this station has been torn down and the Town would like the property back.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
11. 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, and to clarify procedures relating to the
imposition of such fees.
Mr. Morris moved for first reading; second by Mr. Baker.
Mr. Hawkins advised this would codify what Council did during budget time when the fees were increased from $38 a ton to $41 a ton. This amendment will allow Council to do that each year.
Mr. Pope advised that Mr. Morris proposes an amendment, which would change the way it was initially drafted. Mr. Pope’s amendment was to clear up the section in the Code of Ordinances because there were still parts in there about charging governments fees, which did not comply with the current practice. Mr. Whitehead reviewed the initial amendment and advised that it would comply with what is being done now as to charges. The problem with Mr. Morris’ proposed amendment is that the County would still be charging governments by weight at the Transfer Station but the policy of the County is to not charge governmental entities for anything at the Transfer Station. Mr. Pope recommended that Council give careful consideration to the proposed amendment that Mr. Morris has suggested because it doesn’t address the problems. If it needs further study, he recommended that Council give it further study but the inconsistencies in Title 50 of the Code of Ordinances need to be cleared up. These were carry-overs from the old tipping fee ordinance that got left in there. Mr. Pope advised that the way it is written the County would still be subject to the $38 per ton fee for this year.
Mr. Morris felt Council should have a work session on this to have information presented. There are too many unanswered questions.
Mr. Hawkins understood there were questions about the wording and tonight would be a simplified version that would state that Council could set the fee every year during budget time and not get into all of these other matters.
Mr. Morris asked if we could give the ordinance first reading in name only.
Mr. Caldwell had a problem giving it third reading because of the county attorney’s opinion about the way it is written until Council gets better clarification.
Mr. Morris withdrew his motion and then moved that this ordinance be adopted by title only; second by Mr. Baker.
Mr. Summer requested that a work session be held before Council goes forward with this. He didn’t understand what Council was voting on.
There being no further discussion, Mr. Hawkins called for the question. Voting for the motion: Councilmen Baker, Dawkins and Morris. Voting against the motion: Councilmen Summer, Caldwell, Waldrop and Hawkins. Motion for first reading failed.
12. An
amendment to Ordinance No. 01-01-06, which created an Emergency Services Board,
so as to further provide for the membership thereof, and the powers and duties
of the Board.
Mr. Dawkins moved for first reading;
second by Mr. Caldwell.
Mr. Baker had a problem
distinguishing between elected officials and county employees who are on the
Board. It looks like we are taking away
the voting powers of a county employee on the Board.
Mr. Hawkins advised that was exactly
what Council was trying to do. When
county employees are recommending policies to Council, it is awkward for
employees to do that and have a vote on the Board. For that very reason, Mr. Hawkins is in favor of them not being
voting members.
Mr. Baker can see elected officials
actually doing the same. There are
several elected officials on this Board.
Mr. Dawkins is one.
Mr. Dawkins advised this came about
while Gene Klugh was Interim Administrator and the fact that the Administrator
and one of his employees, which is the Emergency Services Director, serve on
this Board. Mr. Klugh requested that
the Administrator and the Emergency Services Coordinator not be voting members
because an employee of the Administrator should not implement policy, which may
be against the policy given to the employee by the Administrator. Mr. Adams also requested the same action.
Mr. Adams concurred with that
request. The Administrator and the
Emergency Services Director would remain non-voting ex officio members
and would be there to provide information and support as might be necessary to
formulate policy. This relieves the
Emergency Services Director of being in a potentially awkward situation.
Mr.
Baker also sees the awkwardness when one of the Council members voting for it
is a member of the Board.
Mr. Dawkins stated that Mr. Morris
was a voting member of the Road Committee and brings back recommended policy to
Council just like any other Council member who serves on any other Board.
Mr. Baker questioned why one man’s
name was taken off from the voting power when it is brought to Council from a
man who is going to vote at this table.
Mr. Morris stated there was a
similar situation with the Director of Communications, who is an employee of
the Sheriff. There is a conflict there,
also.
Mr. Morris moved to amend the
Ordinance to delete the Director of Communications as a voting member; second
by Mr. Baker. Voting for the
amendment: Councilmen Hawkins, Summer,
Dawkins, Morris and Baker. Voting
against the amendment: Councilmen
Waldrop and Caldwell. Motion passed by
majority vote.
Mr. Hawkins called for the question
on the main motion as amended. Voting
for first reading as amended:
Councilmen Hawkins, Summer, Dawkins, and Morris. Voting against the motion: Councilmen Baker, Waldrop and Caldwell. Motion passed by majority vote.
13. An
Ordinance to amend the Budget Ordinance for the 2006-2007 fiscal year,
Ordinance No. 06-16-06, so as to incorporate certain supplemental revenues and
expenditures into the budget for the current fiscal year.
Mr. Dawkins moved for first reading;
second by Mr. Caldwell.
Mr. Adams advised it was time to set
millage for the county tax bills. This
is a unique year in that in the following fiscal year we will be under
restrictions set forth by the Legislature that will limit the ability to raise
millage for things such as service expansion and service enhancement. That limitation does not apply this year,
and this is the last year it does not apply.
That caused us to revisit some issues in the budget, some operational
and some capital. This amendment
addresses operational issues. It is
largely about enhancing EMS services, and it also rectifies some oversights in
the budget that would fall short at the end of the year. The $320,000 for ambulance service quarterly
payments is to extend two part time stations in the county to full time
stations. At night we have two
ambulances on duty; this would put four ambulances on duty. The hospital Board has concurred with
this. Recently the hospital adopted a
policy that they would not transport out of county unless there was a medical
necessity. While they are willing to relax
that for the time being, we would try this new arrangement if Council votes to
approve the additional funding.
Ultimately, the hospital Board feels like they should retain autonomy to
revisit that policy in the future. They
feel very strongly about that.
The other issues we would be funding
would be $19,200 for rental of the modular units at the Sheriff’s complex. In May we would be out of the original
$600,000 in funding that would be used to pay those costs, and the same is true
for the $20,600 for the air quality monitoring.
The final item has to do with the
Assessor’s office in using Council on Aging personnel to assist in the next
reappraisal process to be implemented in 2009.
That amount is $11,880.
The total of the entire amendment is
$371,680 with the revenue being raised by increasing current year property
taxes.
Mr. Morris asked if the funding for
the EMS was for personnel only or does it include new equipment. Mr. Adams stated that only addresses
personnel. The ambulances would be the
same. Now they are sitting idle in the
evening hours. There are some issues to
be addressed as far as the location where housed. This year’s funding will provide some money to address. Approximately half of this money could be
used to address the housing problem for the personnel there.
Mr. Waldrop’s understanding was that
they would be housed in two locations – one in Fairview and one in
Whitmire. Mr. Adams stated that was his
general understanding although that is ultimately a policy decision of the
hospital Board.
Mr. Waldrop asked Lynn Beasley why
the ambulances could not be housed behind the hospital. Mr. Beasley indicated the overriding mission
of EMS in saving lives is to provide for enhanced response times. The quicker we can get to a patient with
paramedics and stabilize that patient, the better the chances of saving
lives. By decentralizing, having two
ambulances in the center of the county serving where the majority of our volume
is, and two in the most extreme portions of the county where there is
substantial volume, the response time can be minimized. Based on the analysis of data and response
time and volumes by time of day, the two satellite stations that are currently
operating twelve hours a day would best serve the needs of the population in
those satellites.
Mr. Waldrop asked what the
difference was in not having 24/7 in the Lake Greenwood area as in
Fairview/Lake Murray. Mr. Beasley
stated it was predominately volume call.
If you look at the existing population, population growth and population
projections and if you look at the call data in the last periods of time, the
next busiest location is at the Fairview Station. Mr. Beasley stated it was a valid point in that the Lake
Greenwood area is growing, is developing and long range plans for health
services relate specifically to that area because of the anticipated
growth. When you look at the population
density and the volume of population, it still is much more sparse than the
Seibert Road/Fairview Station.
Mr. Waldrop felt this would be
demoting the hospital by doing this. We
need the same services all over the county rather than one area of the
county. Mr. Beasley stated from the
business aspect the cost of operating the system and the volumes, we look at
the probabilities and given the population distribution and the response time,
we think at the present time that these are the best locations. As a consideration in the future for the
Chappells area, we could place a quick response vehicle there, which would
involve one staff person, that person being a paramedic. This has been done in Silverstreet and
Pomaria. We think that approach is the
most cost effective and also is very effective in getting that qualified staff
to the scene very quickly to stabilize the patient. An interim step might be at our next growth opportunity when
resources are available to go with a location like that. In 1995 we had two ambulances and two crews
at night and were running about 2,000 calls a year. Today, this year, we anticipate running 5,000 calls and tonight
we have two ambulances and two crews, the same as we had in 1995. We are concerned at our ability to respond
to the needs of this growing population over that eleven year period when our
volume has more than doubled and when we are at 100% capacity about three hours
in a twenty-four hour period, and the vast majority of that is in the night
time hours. We feel very strongly that
the need exists to meet those services and to position our personnel and
resources to best meet those needs in the quickest possible time.
Mr. Waldrop asked if persons were
being charged when the ambulance picked them up and if so, where are these
monies. Mr. Beasley stated persons are
charged, and all revenues generated from transports are used to offset staffing
costs. The County is paying the
difference between the total cost and the revenue collected. There is a shortfall and basically the
County is subsidizing the loss for staffing.
The County is paying approximately $750,000, as approved by the budget
this year.
Mr. Caldwell asked how long range
the plan was he referred to. Mr.
Beasley stated he did not but looking at the numbers, that location would be
the logical next site for expansion given the population distribution. Our ability to put that resource there in
part will depend on the County’s assistance in supporting EMS since we do not
make money on EMS. In non-emergency
transports, which the County asked us to begin providing several years ago, we
are in fact making a positive bottom line on non-emergency transports. That revenue also helps to offset the losses
in EMS and reduces the amount of money that we have to request from the County
each year. We do try to maximize the
revenue to offset expenses but few, if any, emergency services operations in
rural counties make any money.
Mr. Dawkins stated every citizen
deserves the same protection; however, because of budget, you have to go with
the call volume. You have to start
somewhere. As far as where those ambulances
go, Mr. Dawkins will support adding them if they never leave the city limits of
Newberry as far as being stationed somewhere because it is that needed, but
that will be left up to the hospital Board.
When we say Lake Murray, from where the fire station is it is 5.2 miles
to Lake Murray. If an EMS call comes in
for the Town of Little Mountain and surrounding area, it is dispatched from
Seibert. If a call comes in from the
end of 395 or the entire Stoney Hill community, it is dispatched from Siebert
Road. Anywhere in the Town of
Prosperity and on the edges of the Town of Prosperity, the entire town is
covered from Seibert Road because the cut off line for EMS out of Newberry is
right below Colony Church (halfway between Prosperity and Newberry). Mr. Dawkins doesn’t like the term “Lake
Murray” because two municipalities are covered and also the surrounding
areas.
Mr. Waldrop can’t support this as is
because it is not fair to all the taxpayers in the county.
Mr. Morris reminded Council that
during budget time Mr. Baker did not want the 24/7 service in Whitmire. Mr. Morris can support it as long as there
is no link between increasing the staffing of the coverage area with the
hospital policy change in transport.
The hospital Board met last night and voted to delay the implementation
of the transport policy until the first of November. If it is their desire to continue with the policy they adopted,
he could support it but wanted no link between what Council does here and the
policy the hospital is implementing.
Mr. Baker advised in the Whitmire
area, 90% of those go to the Wallace Thomson Hospital mainly because their
medical doctors are associated with that hospital. The people in the Chappells area, probably half of them, go to
Self Memorial in Greenwood because their doctor is over there. If we end up staffing 24/7 in the Whitmire
area and you cannot go out of county, we don’t need it. More than that we are increasing taxes on
individuals.
There being no further discussion,
Mr. Hawkins called for the question.
Voting for first reading:
Councilmen Hawkins, Summer, Dawkins and Morris. Voting against first reading: Councilmen Baker, Waldrop and Caldwell. Motion passed by majority vote.
Mr. Dawkins requested that the
record reflect that Edgar Baker, even though he voted no, voted not to fund the
humidifiers for the Sheriff’s Office and also participated in the voting of the
Sheriff’s Office complex for the modulars, which he is in legal litigation and
should have recused himself from any participation or vote.
Mr. Hawkins stated if the discussion
had progressed, he was going to remind Council that it was getting on very
delicate ground discussing air quality monitoring. Since this is first reading, we will probably have an Executive
Session to discuss with the attorney handling the matter, without Mr. Pope and
Mr. Baker present, both items that are also included in this. Since the discussion didn’t come out
publicly, Mr. Hawkins didn’t stop Mr. Baker from voting because it incorporates
other items as well as those two.
Mr. Baker said the discussion never
got to that point, and we never talked about it. Mr. Baker asked if these two items could be separated. Mr. Hawkins requested that those items be
separated before second reading.
13.5 An
Ordinance to amend the Budget Ordinance for the 2006-2007 fiscal year,
Ordinance No. 06-16-06, so as to incorporate certain supplemental revenues and
expenditures into the budget for purposes of addressing current capital needs.
Mr. Morris moved for first reading;
second by Mr. Dawkins.
Mr. Adams advised there were several
on-going building projects and other building needs that have to be
addressed. The County’s debt capacity
will not support that. Statutorily, the
County is not able to borrow enough money to complete these projects. One option that the County has is to make
these improvements and build these buildings using a regular general operating
levy on an installment purchase plan.
The two buildings that Council has prioritized are the completion of the
Library and the funding of a Sheriff’s Office building. We have estimated the debt service cost on
beginning those projects at $909,000 per year, and that number reflects 15 year
bonds. The approximate costs we have are
$1.8 million to complete the Library project, $5.2 million for construction of
a new office for the Sheriff’s Office, $600,000 to refund the County’s General
Fund for expenses incurred in relocating the Sheriff’s Office in the prior
fiscal year, and approximately $750,000 for one year’s debt service payments in
reserve, which will be required by the bonds.
It is also estimated that apart from debt service expenses there will be
a capital contingency of approximately $90,000.
The millage rate cap comes into play
here, too. It would be difficult, if
not impossible, after the rate cap is imposed next year to fund these projects
by this means.
Mr. Waldrop asked if this would be difficult under the 15% cap if that
is passed. Mr. Adams stated in addition
to the 15% cap, which awaits ratification by the public, there is a limit on
the millage increase from year to year, which is equal to the CPI plus the rate
of growth in the county. That would
probably give you 3 to 4 mills to work with.
This project itself would take 9 mills.
Mr. Waldrop asked if the Legislature did not provide that if we had any
kind of emergency we could increase the millage but would have to get
permission from the people. Mr. Adams
stated there were exceptions for emergencies related to weather; also for
mandates from the Legislature or the Judicial branch. Mr. Adams didn’t know that it was as broad as any emergency
because that would be difficult to define.
Mr. Waldrop said there was a limit
to what taxpayers could pay in this county, and we couldn’t afford to keep
going up every year, even though we try not to. He supported the reassessment and we waited two years to do that
waiting on the Legislature to make a decision, which they did the last day of
the Session. Mr. Waldrop felt we
couldn’t afford to do this right now because we are $2.5 million short in the
budget, and we have to raise the millage for that to balance the budget. He could not support it right now except for
the $2.5 million.
Mr. Morris advised that construction
costs were going up 1% per month, and if we delay implementation of the
Sheriff’s building for one year, instead of looking at a $5.2 million project,
we will be looking at a $6.2 million project.
With what the Legislature did this year, we will never fund any of these
projects, and things will start falling down.
We can’t keep putting off until tomorrow what should have been done
years ago.
Mr. Baker disagreed with putting
this on the taxpayers but on this particular vote he would abstain.
Mr. Hawkins called for the
question. Voting for first
reading: Councilmen Hawkins, Caldwell,
Summer, Dawkins, and Morris. Voting
against first reading: Councilman
Waldrop. Councilman Baker
abstained. Motion passed by majority
vote.
14. Committee
Reports.
No reports.
15. Appointments.
No appointments.
16. Acceptance
of deed of property from Town of Little Mountain for helicopter pad.
Mr. Waldrop moved to accept the
property; second by Mr. Dawkins.
Roxie and Sam Derrick donated this property for a designated landing
pad and have deeded a ½ acre parcel adjoining the medical center and the fire
station in Little Mountain. There is no
funding at this time to fully implement the helicopter pad, but they have
donated the property.
There being no further discussion, Mr. Hawkins called for the
question. Vote was unanimous.
Executive Session:
Mr. Dawkins moved to go into Executive Session to discuss two personnel
matters – one involving the legal department and one which is undesignated at this
time; second by Mr. Waldrop.
Cindy Pitts, Newberry Observer, objected because the second personnel
matter did not designate a department.
Mr. Waldrop advised it concerned the Assessor’s office.
Mr. Hawkins called for the question.
Vote was unanimous.
[EXECUTIVE
SESSION 8:26 P.M. – 9:20 P.M.]
Mr. Waldrop moved to return to open session; second by Mr. Morris. Vote was unanimous.
Mr. Hawkins advised that Council discussed two personnel matters and
had nothing to report on either of them.
Council also discussed something in Executive Session they didn’t say
they were going to talk about when they went into Executive Session; that being
whether or not Council had to disclose which department when personnel issues
are discussed.
Mr. Pope referred to Section 30-4-70 of the SC Code of Laws, Paragraph
A(1), which says that:
“A public body may hold a meeting closed to the
public for one or more of the following reasons:
(1) Discussion
of employment, appointment, compensation, promotion, demotion, discipline, or
release of an employee . . .”
There are other provisions of the Freedom of Information Act that say
if the release of the information would unduly invade someone’s privacy, you
don’t release for that reason.
In small departments and small outfits, sometimes if you identify a
specific area of the county, you are actually identifying a specific
person. Mr. Pope’s opinion was that it
was not necessary to go into that great of detail in a small county where it
would have the affect of identifying a particular person as having had a
personnel matter discussed.
Future
Meetings:
Mr. Hawkins announced that Council would not have a work session on
October 4.
Council will meet for its regular meeting on October 4, 2006 at 7:00
p.m.
Comments
from County Administrator:
Mr. Adams spent the last week and a half developing first impressions of the needs of the County. There are a lot of capital projects, which are going to be time consuming. They will be done as quickly as we can while doing them well. The same thing goes for some operations issues, which he is dedicated to handling each in turn and handling well. He asked for patience but did not expect standards to be lowered. His charge is to make sure that the standards are adhered to. They have rightfully been set high, and they will be attended to accordingly.
He works for Council as a body and doesn’t take personal stances on issues. His stance is what Council decides to do collectively. He will give advice to Council and will give all the information he can gather and will make it as accurate as possible. His position is what Council decides as a group. He will provide professional input and will give his opinion, if asked for it, but ultimately it is what Council decides.
Comments from Council Members:
Mr. Morris mentioned the letter from Mark (whose last name is illegible) about Highway 66. If we can determine who he is, we need to respond to him and let him know that Highway 66 is not a county maintained road, but a state highway.
Mr. Morris stated he and Mr. Adams attended the hospital Board meeting at which they had their annual audit presented. The hospital received an unqualified audit, and the auditor was very complimentary. Mr. Adams has a copy of the audit.
Mr. Baker recommended that Council not meet on October 18 since several members will be out of town. Mr. Adams advised that a third reading would have to be held on the budget amendments before the Auditor sets the levy and mails out the tax bills. The consensus of Council was to have third reading at the November 1 meeting.
Questions
from the Press:
Mr. Hawkins allowed the press to ask questions and/or to obtain clarification of issues.
Adjournment:
There being no further business, Mr. Dawkins moved to adjourn; second by Mr. Waldrop. Vote was unanimous.
Meeting adjourned at 9:50 p.m.
NEWBERRY COUNTY COUNCIL
_______________________________
Mike Hawkins, Chairman
_______________________________
Susan C. Fellers, Clerk to Council