NEWBERRY COUNTY COUNCIL
MINUTES
OCTOBER 3, 2007
The Newberry County Council met on Wednesday, October 3, 2007, at 6:00 p.m. in Council Chambers at the Courthouse Annex, 1309 College Street, Newberry, SC, for a regularly scheduled meeting.
Present were: Henry B. Summer, Chairman
William D. Waldrop, Vice-Chairman
John E. Caldwell, Councilman
Mike Hawkins, Councilman (arrived at 7:00 p.m.)
John Dawkins, Councilman
Edgar Baker, Councilman
Henry H. Livingston, III, Councilman
Wayne Adams, County Administrator
Gary T. Pope, County Attorney
Susan C. Fellers, Clerk to Council
Debbie S. Cromer, Finance Director (arrived at 7:00 p.m.)
Press: Cindy Pitts, The Newberry Observer
Heather Hawkins, WKDK (arrived at 7:00 p.m.)
Donna Bumgardner, Whitmire News
Notice of the meeting was duly advertised as required by law.
At 6:00 p.m. the Newberry County Disabilities and Special Needs made a presentation to Council. Participating in the presentation were: Fred Owens, Executive Director; Cindy Farr, Director of Quality Enhancement and Training; Drew Gatlin, Jean Harmon and Bill Floyd, Chairman of the Board. Also in attendance were Kathy Buchanan and Rick Richardson, members of the Board.
At 7:00 p.m. Mr. Summer called the regular Council meeting to order and determined a quorum to be present.
Mr. Summer had the invocation followed by the Pledge of Allegiance.
1. Adoption
of Consent Agenda.
Mr. Baker moved to adopt the consent agenda; second by Mr. Dawkins. Vote was unanimous.
2. Additions,
Deletions and Adoption of Agenda.
Mr. Adams requested that item #12 be moved up on the agenda since Joe Prothro has another engagement. Mr. Summer moved it to Agenda Item #2.5.
There being no further amendments to the agenda, Mr. Waldrop moved to adopt the agenda as amended; second by Mr. Baker. Vote was unanimous.
2.5 Presentation
of bids for Helena Community Center and Newberry County Rescue Squad #14
Building.
Joe Prothro with DSP Architects recommended issuing a Notice of Intent to Award to Cannon Associates who had the low bid for the Helena Community Center. Mr. Waldrop so moved; second by Mr. Caldwell. Vote was unanimous.
Mr. Prothro recommended issuing a Notice of Intent to Award to Cannon Associates, who had the low bid for Newberry Rescue Squad #14. Mr. Baker so moved; second by Mr. Dawkins. Vote was unanimous.
Mr. Baker asked if Mr. Prothro was accepting the alternate bit for Helena and if so, what the alternate bid was. Mr. Prothro said the alternate was for a brick veneer front in the amount of $6,000, and it was being accepted.
Mr. Adams advised these were competitive bids and expressed thanks to Mr. Ervin West for his help on the budgeting. The average bid for Rescue #14 was $373,400, and the number Mr. West worked up was $368,000, which was pretty close. Likewise in Helena the average bid was approximately $377,000, and the budget was $387,000.
Mr. Adams advised that the construction budget for Rescue #14 was $368,000. The total budget including all architectural, engineering, testing fees, project management, contingency is $461,761.
With the Helena Community Center the construction budget was $386,764. The total budget is $476,325.
3. Ordinance
#06-22-07: An Ordinance authorizing the
issuance and sale of a Newberry County, South Carolina, Special Source Revenue
Bond (Mid-Carolina Commerce Park, Phase I Project), with an appropriate series
designation, in the principal amount of not to exceed $1,500,000;authorizing
the issuance and sale of a Newberry County, South Carolina, Special Source
Revenue Bond Anticipation Note (Mid-Carolina Commerce Park, Phase I Project),
Series 2007, in the principal amount of not to exceed $1,500,000; providing for
the application of the proceeds of said Notes to defray, for economic development
purposes, the costs of designing, acquiring, constructing, improving or
expanding infrastructure in the Mid-Carolina Commerce Park; and other matters
relating thereto.
Mr. Summer called for the public hearing. There being no comments from the public, Mr. Summer declared the public hearing closed.
Frannie Heizer, bond counsel, advised that BB&T has offered to purchase the bond anticipation note at an interest rate of 3.73%, which is similar to the interest rate the County received on the 2006 bond. This piece of debt only goes out one year, but BB&T has given the County the flexibility to pre-pay in whole or in part so that if it suits the County’s purposes and is to the County’s advantage, then the County could take this Note long term any time during the 12 months. There are no special conditions or requirements for BB&T. Having had discussions with the County Administrator and County Attorney, Ms. Heizer recommended this result to Council.
Mr. Hawkins moved for third reading; second by Mr. Baker. Vote was unanimous.
4. Ordinance #09-26-07: An Ordinance authorizing pursuant to Chapter
44 of Title 12, South Carolina Code of Laws, 1976, as amended, the execution
and delivery of a Fee Agreement between Newberry County, South Carolina and
Schweitzer-Mauduit International, Inc.; the application of an infrastructure
credit to fee in lieu of tax payments; and matters relating thereto.
Mr. Hawkins moved for third reading; second by Mr. Baker. Vote was unanimous.
5. Ordinance #09-27-07: An Ordinance authorizing a Fee Agreement by
and between Nasmyth Precision Products, Inc. and Newberry County, South
Carolina whereby, under certain conditions, Newberry County will provide
certain economic development inducements to Nasmyth Precision Products, Inc. to
induce Nasmyth Precision Products, Inc. to locate an industrial project in
Newberry County, South Carolina.
Mr. Summer called for the public hearing. There being no comments from the public, Mr. Summer declared the public hearing closed.
Mr. Hawkins moved for third reading; second by Mr. Dawkins. Vote was unanimous.
6. Ordinance #09-28-07: An Ordinance to amend the Official Zoning
Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone a tract
containing approximately 1.6 acres, designated as TMS Parcel No. 651-30, from
Rural (R-2) to General Commercial (GC).
Mr. Dawkins moved for third reading; second by Mr. Waldrop. Vote was unanimous.
7. Ordinance #10-30-07: An Ordinance to amend the Official Zoning
Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone a tract
containing approximately 1.78 acres, designated as TMS Parcel No. 337-3-5, from
General Residential (RG) to Limited Commercial (LC).
Mr. Pope said he
and Ms. Peters had a cultural misunderstanding about this amendment. When he received the paperwork, Ms. Peters
said they were expanding a residential home occupation to a growing
business. Mr. Pope thought that meant
plant growing, but the gentleman was going to expand his home occupation, which
is a professional office. Mr. Pope will
amend the ordinance to correct the mistake.
Mr. Livingston
moved for first reading; second by Mr. Waldrop. Vote was unanimous.
8. Committee
Reports.
Mr. Baker reported that the grading at the Airport was about 70% complete.
9. Appointments.
Mr. Waldrop recommended the appointment of Ms. Jessie Reeder to the Newberry County Memorial Hospital Board.
Mr. Baker received a resignation from Carol Thomas from the Board of Rural Fire Control, and Whitmire Fire Department has requested that Michael Thomas be appointed.
Mr. Livingston recommended the reappointment of Carolyn Fulmer to the Airport Commission.
There being no further recommendations for appointment, Mr. Hawkins moved to accept the recommendations; second by Mr. Dawkins. Vote was unanimous.
Mr. Waldrop requested that the Council Nursing Home Committee schedule a meeting.
10. Consideration of request from
Whitmire Fire Department for roof replacement.
Michael Thomas, Whitmire Town Council, requested funding from Newberry County to replace the roof on the Whitmire Fire Department.
Mr. Dawkins moved to accept the low bid from McCullough Residential and Commercial Services, Inc. in the amount of $28,684.82 for replacement of the roof; second by Mr. Hawkins.
There being no further discussion, Mr. Summer called for the question. Mr. Baker abstained from voting since he turned in a bid with it being a City building in lieu of a County Building. Voting for the motion: Councilmen Summer, Waldrop, Caldwell, Hawkins, Dawkins and Livingston. Councilman Baker abstained. Motion passed by majority vote.
11. Consideration of Contract proposal
from AMTEC to provide arbitrage rebate computations on Capital Project Sales
Tax funding.
Mr. Adams said whenever the County borrows money on a tax-free basis, it is subject to arbitrage restrictions, which means you are not supposed to borrow money to make money under these type arrangements. The County is proposing to contract for services from a firm that has helped the County figure these liabilities with the previous Capital Project Sales Tax.
Mr. Baker moved to approve; second by Mr. Dawkins. Vote was unanimous.
12. Moved to Agenda Item #2.5.
13. Requests by Councilmen.
No requests.
14. Public
Comments.
No public comments.
15. Vote
for Executive Session, When Necessary.
Mr. Summer advised an Executive Session was needed for an update on economic development matters and a discussion of matters relative to property purchase contract negotiations.
Mr. Dawkins said since some people may leave, there was a conflict with the October 17th meeting at which some public hearings have already been advertised. Mr. Waldrop moved to change the meeting to 4:00 p.m. on October 17; second by Mr. Baker. Voting for the motion: Councilmen Summer, Waldrop, Caldwell, Dawkins, Baker and Livingston. Voting against the motion: Councilman Hawkins. Motion passed by majority vote.
Mr. Dawkins moved to go into Executive Session; second by Mr. Hawkins. Vote was unanimous.
[EXECUTIVE
SESSION 7:20 P.M. – 8:35 P.M.]
16. Executive
Session.
Mr. Baker moved
to return to open session; second by Mr. Dawkins. Vote was unanimous.
17. Necessary
Action on Matters Discussed in Executive Session.
Mr. Summer asked for a motion to instruct staff to negotiate per County Council’s instruction on the old Wal-Mart Building and the property next to Maybinton Ball Field. Mr. Caldwell so moved; second by Mr. Baker. Vote was unanimous.
18. Comments
from County Administrator.
Mr. Adams thanked the City of Newberry for waiving the permit and plan review fees associated with the Library, which has a value of about $13,500.
We have an issue paper on the penny sales tax, which will be on the ballot on November 6, and which will be made available to the public.
19. Comments
from Council Members.
Mr. Hawkins said the Citizens Advisory Committee met last night and failed to take a position on the penny sales tax. He was disappointed and had hoped they would let people know how they felt about it.
20. Future
Meetings.
Mr. Summer announced the meeting of October 17 at 4:00 p.m. instead of 7:00 p.m. Mr. Hawkins will be out of town on that day.
21. Vote to
Adjourn.
Mr. Baker moved to adjourn.
22. Adjournment.
There being no further business, Mr. Summer declared the meeting adjourned at 8:39 p.m.
NEWBERRY COUNTY COUNCIL
________________________________
Henry B. Summer, Chairman
________________________________
Susan C. Fellers, Clerk to Council
APPROVED: October 17, 2007