NEWBERRY COUNTY COUNCIL

MINUTES

OCTOBER 5, 2005

The Newberry County Council met on Wednesday, October 5, 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.

Councilman Andy Morris had the invocation followed by the Pledge of Allegiance.

ADOPTION OF CONSENT AGENDA:

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

ADDITIONS, DELETIONS AND ADOPTION OF AGENDA:

The following amendments were made to the agenda:

1. Nancy Owen, County Auditor (#.4)

2. Move approval of Recreation Commission application (#.55)

3. Move acceptance of bid for Bush River Community Center roof (#.6)

4. Delete Agenda Item #14. Owner has withdrawn request to have property rezoned.

5. Add two personnel matters under executive session (#23)

6. Add a legal matter under executive session (#24)

There being no further amendments, Mr. Morris moved to adopt the agenda as amended; second by Mr. Waldrop. Vote was unanimous.

.4 Nancy Owen, Auditor updated Council on mailing of tax notices and requested that she be allowed to update Council until all notices had been mailed.

.5 Whitmire Fire Dept – Chief Carol Thomas advised the Whitmire Fire Department was the recipient of a FEMA grant in the amount of $40,488 and requested that the County of Newberry consider giving them the 10% match in the amount of $4,048.

Mr. Dawkins moved to fund the match in the amount of $4,048 from the contingency account; second by Mr. Baker. Vote was unanimous.

.55 Approval of Recreation Commission application.

The Recreation Commission has been using this form for the past nine months, and the form has been reviewed and approved by the County Attorney. The Recreation Commission would like the endorsement of County Council to use the form.

Mr. Dawkins moved to allow the Recreation Commission to continue using this application form; second by Mr. Morris.

Because of Mr. Waldrop’s question as to the procedure to be following for requesting and receiving funding from the Recreation Commission, Council commenced discussing Agenda Item #.6.

Dixon Brooks with the Bush River Activity Center advised that he never received an application from the Recreation Commission even though one had been requested.

Mr. Hawkins called for the vote on the motion on the floor to approve the funding application. Voting for the motion: Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker. Councilman Caldwell abstained. Motion passed by majority vote.

.6 Bush River Community Center Roof.

Mr. Waldrop moved to accept the bid; second by Mr. Baker.

Mr. Summer inquired as to where the funds would come from to pay for the roof.

Bush River Activity Center has agreed to pay $4,000. Mr. Sossamon recommended that an additional $4,000 come from the Recreation Commission budget and the balance be paid out of the capital improvement fund.

Mr. Hawkins asked if based on the agenda package, would that be Mr. Waldrop’s motion. Mr. Waldrop confirmed that his motion was to accept Mr. Sossamon’s recommendation for funding.

After discussion about funds allotted to Fairview Community Center previously, Mr. Dawkins moved to reimburse Fairview Community Center $17,800 out of capital improvement money for their new roof; second by Mr. Waldrop.

Mr. Summer questioned whether Fairview Community Center had requested reimbursement. Mr. Dawkins advised they had requested it from the Recreation Commission but only received $200 toward their new roof.

Mr. Hawkins called for the question on the amendment to reimburse Fairview. Voting for the amendment: Councilmen Dawkins and Waldrop. Voting against the amendment: Councilmen Hawkins, Caldwell, Summer, Morris and Baker. Motion failed.

Mr. Hawkins then called for the question on the main motion to fund the new roof for Bush River Community Center. Voting for the motion: Councilmen Hawkins, Waldrop, Caldwell, Summer, Morris and Baker. Voting against the motion: Councilman Dawkins. Motion passed by majority vote.

PUBLIC COMMENTS:

Mr. Hawkins advised that quite a few people had signed up to speak about animal control, and with Council’s consent, he would allow those persons to speak when that ordinance comes up for third reading.

1. EXOTIC ANIMAL ORDINANCE.

Mr. Hawkins called for the public hearing.

Mark Sherman, 1992 Boinest Road, Prosperity, was opposed to the ordinance, felt it was an individual’s right to have exotic animals as long as they cared for them and supported having exotic animals in Newberry County.

Joe Lesh, owner of an exotic animal business located in Prosperity, was also opposed to the ordinance and felt that banning exotic animals violated peoples’ rights.

There being no further comments from the public, Mr. Hawkins declared the public hearing closed.

Mr. Waldrop moved for third reading; second by Mr. Morris.

Mr. Dawkins moved to amend the ordinance to delete constricting snakes and pythons provided they were 6 feet in length or less. Motion died for lack of a second.

Mr. Hawkins called for the vote on the main motion for third reading. Vote was unanimous.

2. Newberry County Animal Control Ordinance.

Mr. Waldrop moved for third reading; second by Mr. Morris.

Mr. Pope reviewed the amendments relating to farm animals.

William D. Dickert, 1385 Deadfall Road, Newberry, objected to hunting dogs not being exempt from the ordinance. Mr. Pope advised that Section 47-3-50(A)(1) of the South Carolina Code of Laws does not allow exemption of hunting dogs.

Mr. Dickert also addressed Section 47-3-75 relating to the owner of a dog picked up by Animal Control having to elect to have a micro chip implanted. Mr. Pope advised this was not a choice but had to be done if the animal was picked up.

Cecilia Franklin meant to sign up to speak in opposition to the exotic animal ordinance.

Megan Phillips, 1123 Hillcrest, Newberry, expressed concern over problems with the pack of wild dogs. Animal Control has captured some of the dogs and still has traps set attempting to capture the others.

Wilber Bates also was concerned over hunting dogs not being exempted.

Mr. Hawkins advised he was willing to make a motion to exempt hunting dogs during hunting season.

Karen Short, 1805 Main Street, Newberry, felt that the owner of any animal picked up by Animal Control should have to pay the fee.

Gene Swittenburg also objected to having to pay a fee to pick up a hunting dog from Animal Control.

Barbara Miller, 1910 College Street, Newberry, advised the amendment placed a burden on Animal Control Officers to decide what a hunting dog is. The best laws are the ones that are clear and easily enforced.

Mr. Waldrop amended his motion to exempt agricultural practices. Vote for amendment was unanimous.

Mr. Hawkins moved to amend to exempt from the penalty section hunting dogs during hunting season and to include the language to make that applicable. Motion died for lack of a second.

Mr. Hawkins called for the question on third reading. Voting for third reading: Councilmen Waldrop, Caldwell, Summer, Dawkins, Morris and Baker. Voting against third reading: Councilman Hawkins. Motion passed by majority vote.

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

4. An Ordinance declaring existence in Newberry County of dwellings which are dilapidated or otherwise unfit for human habitation.

Mr. Morris moved for third reading; second by Mr. Dawkins.

Mr. Pope stated this ordinance does not regulate anything but only recognizes there is a problem with dilapidated housing in Newberry County. This will give Council the power to adopt other ordinances to regulate dilapidated housing.

Mr. Hawkins stated this only applied to buildings inhabited by people and not barns or sheds.

Mr. Summer stated that the next phase would look at regulations.

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

5. An Ordinance making technical amendments to Ordinance No. 131 so as to bring the E-91l emergency telephone system ordinance into compliance with state statutory requirements.

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

6. An Ordinance making technical amendments to Ordinance No. 133 so as to clarify the procedures to be followed for road naming, addressing and identifying properties in the unincorporated areas of Newberry County, and the maintenance of a record of property addresses in the entire county.

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

7. An Ordinance making technical amendments to Ordinance No. 05-08-01 prescribing the duties of the Clerk to Council.

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

8. An Ordinance making technical amendments to Ordinance No. 05-06-01, and ordinances amendatory thereto, prescribing the rules of conduct for County Council.

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

9. An Ordinance making technical amendments to Ordinance No. 01-02-04, known as the Purchasing Ordinance.

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

10. An Ordinance making fifth amendments to Ordinance No. 135 so as to bring the solid waste disposal fee system into compliance.

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

11. An Ordinance revising the duties of the Airport Commission.

Mr. Baker moved for second reading; second by Mr. Waldrop.

Mr. Pope advised the Airport Commission would not be involved in the operational planning but would advise the County what needed to be done at the Airport.

Mr. Morris moved to amend the ordinance to require the Airport Commission to meet at least quarterly; second by Mr. Dawkins. Vote was unanimous.

Mr. Hawkins called for the question on the main motion as amended. Vote was unanimous.

12. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel No. 371-8 from Rural (R-2) to Limited Commercial (LC).

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

13. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel Nos. 464-23 and 464-85 from Single Family Residential (RS-1) to General Commercial (GC).

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

14. An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone TMS Parcel No. 695-16 from Single Family Residential (RS-1) and Rural (R-2) to General Commercial (GC).

This item was deleted since the owner withdrew his application for rezoning.

15. Committee Reports.

No reports.

Mr. Sossamon introduced Martha Bursinger, the newly hired Administrator at J.F. Hawkins and Springfield Place.

16. Appointments.

No appointments.

Mr. Dawkins recommended that the Fairgrounds Commission be abolished and the Fairgrounds put under the Public Works Department. This will be on the next agenda.

NOTE: AGENDA ITEM #17 WAS MOVED TO .6

[BREAK 8:44 P.M. – 8:55 P.M.]

18. SUSIE BERRY, ASSESSOR – UPDATE.

Ms. Berry has mailed out 2,148 new construction/new building notices as of today and her office is on schedule.

19. ENDORSEMENT OF TRAFFIC LIGHT AT THE CORNER OF SMITH ROAD AND COLLEGE STREET.

Mr. Caldwell made the motion; second by Mr. Summer. Vote was unanimous.

20. CONSIDERATION OF INCREASE IN COUNTY MILEAGE RATE.

Mr. Summer moved to increase the mileage rate to 42.5 cents per mile after October 15, 2005; second by Mr. Waldrop. Vote was unanimous.

NOTE: AGENDA ITEM #21 MOVED TO .55.

EXECUTIVE SESSION:

Mr. Morris moved to go into executive session to discuss a contractual/legal matter, two personnel matters and another legal matter. Vote was unanimous.

[EXECUTIVE SESSION 9:00 P.M. – 11:14 P.M.]

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

Mr. Pope reported that Council discussed a contractual/legal matter, another legal matter, an economic development matter and personnel matters. The economic development matter was a part of the contractual/legal matter.

Mr. Pope stated that Council needed to vote to enter into an agreement relating to an industrial project; however under the Freedom of Information Act the project cannot be revealed until the agreement is signed by all parties. Mr. Baker moved to enter into the agreement; second by Mr. Morris. Vote was unanimous.

Mr. Pope also reported on a multi-county industrial park project with Greenwood and Laurens County. Greenwood is the lead county and has requested that Newberry begin the process to enter into an agreement with them and Laurens County for a multi-county industrial park. Mr. Waldrop made a motion; second by Mr. Dawkins. Vote was unanimous.

The next meeting will be October 19, 2005 at 4:00 p.m., which meeting will be adjourned no later than 5:30 p.m. The November 2, 2005 meeting will be at 7:00 p.m.

Mr. Hawkins advised a statement would be released to the press concerning the escape of the inmate. The matter has been discussed at length with the Sheriff, and we do not feel any regulations were broken. A committee composed of the following persons has been appointed to study the matter and recommend improvements: John E. Caldwell, John David Dawkins, William D. Waldrop, Sheriff Lee Foster, Leonard B. Sossamon, Jr., Tommy Whitehead and David Gundler.

There being no further business, a motion was made to adjourn the meeting at 11:21 p.m.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council