NEWBERRY COUNTY COUNCIL

MINUTES

SEPTEMBER 28, 2005

The Newberry County Council met on Wednesday, September 28, 2005, at 6:00 p.m. in Council Chambers for a special called 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

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.

Mr. Hawkins had the invocation followed by the Pledge of Allegiance.

ADDITIONS, DELETIONS AND ADOPTION OF AGENDA.

The following additions were made to the agenda:

1. Discussion of County Council Committees (Agenda Item 1.1)

2. Resurfacing bids (Agenda Item 1.2)

3. Under Executive Session, personnel (Agenda Item 2.1) and contractual (Agenda Item 2.2)

There being no other additions or deletions, Mr. Waldrop moved to adopt the agenda as amended; second by Mr. Dawkins. Vote was unanimous.

1. An Ordinance to amend the Exotic Animal Ordinance.

Mr. Pope stated the previous ordinance made possession of certain exotic animals illegal except for certain exempted persons. The proposed ordinance has been amended to increase the definition of exotic animals as listed in Sections A through H, to make it illegal for anybody to possess them unless they are passing through the county on public highways and to provide for a penalty if someone is found to be in violation.

After discussion of religious rights (such as snake handling), the consensus of Council was that they would have to ask for an exemption.

There being no further discussion, Mr. Waldrop moved for second reading as amended; second by Mr. Baker. Vote was unanimous.

1.1 Council Committees.

Mr. Caldwell was concern that not all Council members were assigned to a committee while some members served on several committees and some members served on all Council committees. Mr. Hawkins advised that the committees would be looked at.

1.2 Resurfacing Bids.

As discussed at the Council meeting on September 21, 2005, the bid for resurfacing was over budget by approximately $35,000. Tommy Whitehead, Interim Public Works Director, and Gerald Shealy were to review the roads to be resurfaced and make a recommendation to Council. Mr. Whitehead advised that he and Mr. Shealy had done this and their recommendation was that portions of Scurry Island Road be omitted from resurfacing thereby reducing the bid by approximately $35,000 and keeping it within budget.

Mr. Morris moved to accept the recommendation as presented; second by Mr. Baker. Vote was unanimous.

Animal Control Issues:

Mr. Sossamon advised Council of problems with a pack of wild dogs which have attacked pets of residents of the City of Newberry. Mr. Sossamon issued a directive to the Public Works Director to shoot the dogs. Two ladies whose pets have been attacked were present and requested that they be allowed to speak.

Deena Hallman, Animal Control Director, advised that traps have been out in the City, and they three of the dogs yesterday. Animal Control cannot shoot the dogs but the Department of Natural Resources has authority to shoot a dog at any time. Nobody wants to shoot in the city because of houses being so close. The area is being patrolled by Animal Control, and all they can do at this time is put out the traps in hopes of catching the dogs.

Mr. Pope advised that legally the role of the County Animal Control is as back-up to assist the City of Newberry, and we would need an agreement with the City. It is illegal in the City to fire a firearm unless in self defense, and this is a matter for the City to deal with. The County cannot take a lead in doing this.

Mr. Morris requested that the County Administrator follow up with the City Manager and that they come up with a resolution to this problem.

Megan Phillips, 1123 Hillcrest Road, and Kimberly Brown, 2515 Digby Avenue, both addressed Council and explained the problems they are having with this pack of dogs and requested assistance from the County in dealing with this problem.

Executive Session:

2. Economic Development.

2.1 Personnel.

2.2 Contractual.

Mr. Waldrop moved to go into Executive Session to discuss the following matters: economic development, personnel, and contractual; second by Mr. Baker. Vote was unanimous.

[EXECUTIVE SESSION 6:45 P.M. – 8:30 P.M.]

Motion to return to regular session; second. Vote was unanimous.

3. Consideration of approval of Memorandum of Understanding.

Mr. Pope reported on a Memorandum of Understanding involving Project Blue 2 and relating to industrial development. It requires a public vote but under the Freedom of Information Act until the contract is finalized it cannot be released to the public.

Mr. Morris moved to approve the Memorandum of Understanding; second by Mr. Baker. Vote was unanimous.

Mr. Hawkins announced future meetings on October 5 and October 19.

Due to a scheduling conflict on October 19, Mr. Baker moved to change the time of the October 19, 2005 Council meeting to 4:00 p.m. and adjourn no later than 5:30 p.m.; second by Mr. Waldrop. Vote was unanimous.

There being no further business, a motion was made to adjourn; second. Vote was unanimous.

Meeting adjourned at 8:35 p.m.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council