NEWBERRY COUNTY COUNCIL

MINUTES

NOVEMBER 1, 2006

 

 

Newberry County Council met on Wednesday, November 1, 2006, at 7:10 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:                          Cindy Pitts, Newberry Observer

                                    Heather Hawkins, WKDK

                                    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. Hawkins welcomed members of Boy Scout Troop 316 and asked that they come forward to lead the Pledge of Allegiance.  

 

Mr. Waldrop had the invocation followed by the Pledge of Allegiance led by Troop 316.

 

Adoption of Consent Agenda

 

The consent agenda consists of minutes and roads previously approved for paving.  Mr. Dawkins moved to adopt the consent agenda; second by Mr. Baker.

 

Additions, deletions and adoption of Agenda

 

The following amendments were requested:

Ø      Mr. Baker requested an item be added for recognition.  (1.5)

Ø      Resolution from the Emergency Services Board. (1.6)

Ø      Delete Agenda Item 18.

 

There being no further additions or deletions, Mr. Caldwell moved to adopt the agenda as amended; second by Mr. Baker.  Vote was unanimous.

 

Personal appearances

 

1.            Request for room rate increase at J.F. Hawkins.

 

Martha Bursinger, Administrator of J.F. Hawkins/Springfield Place, requested a room rate increase of $5.00 per bed on each of the nursing home units so that the Medicaid rate does not exceed the private pay rate. 

 

Mr. Morris so moved; second by Mr. Baker.  Vote was unanimous. 

 

1.5            Recognition.

 

Mr. Baker recognized Tommy Whitehead, Public Works Director, for being initiated into the Union High School Hall of Fame. 

 

1.6       A joint Resolution of the Newberry County Emergency Services Board and the Newberry County Memorial Hospital Board’s Strategic Planning Committee supporting the amendment of the Newberry County General Operations Budget for FY 06-07 to provide for additional emergency medical services resources within the boundaries of Newberry County.

 

            Jennylee Foster, Chairperson of the Newberry County Memorial Hospital Strategic Planning Committee, advised that a lot of times between 8:00 p.m. and 8:00 a.m., the County was left without an EMS ambulance or service because they were going out of the County for transport service.  As the Committee looked at that, it was decided that Newberry County EMS not transport persons over the County line unless it is a medical emergency in an effort to insure that two ambulances might be available to transport people in the community.  After it was publicized, complaints were received, and the Emergency Services Board met with the Strategic Planning Committee in October.  As a result of that meeting, the following Resolution was adopted: 

 

Whereas, the Newberry County Emergency Services Board (hereinafter “Board” and the Newberry County Memorial Hospital Board’s Strategic Planning Committee (hereinafter called “Committee”) concur with respect to the need for additional Emergency Medical Services (hereinafter “EMS”) within Newberry County between the hours of 8:00 p.m. and 8:00 a.m., seven days per week; and

 

Whereas, both Board and Committee recommend that Newberry County Council’s funding of all staffing and equipment costs for two additional EMS crews between the hours of 8:00 p.m. and 8:00 a.m., seven days per week, would greatly reduce ambulance response times, thereby improving the general health and welfare of Newberry County’s citizens; and

 

Whereas, both Board and Committee realize the importance of cooperative interagency planning to timely, effective, and professionally-delivered EMS services; and

 

Whereas, both Board and Committee are jointly committed to continuing the development of policy recommendations affecting their respective areas of responsibility and communicating such recommendations to Newberry County Council.

 

Now Therefore Be It Resolved that the Newberry County Emergency Services Board and the Newberry County Memorial Hospital Board’s Strategic Planning Committee, jointly and duly assembled this seventeenth day of October 2006, express these sentiments to the Newberry County Council with unanimity among those in attendance.

 

As to Newberry County Emergency Services Board:

 

/s/ Michael A. Ackerman, Vice Chairman

 

                                    Attest:  /s/ Lewis B. Lee, Emergency Services Director

 

As to Newberry County Memorial Hospital Strategic Planning Committee:

 

/s/ Jennylee Foster, Chairperson

 

                                    Attest:  /s/ Lynn W. Beasley, CEO/President

 

[Original Joint Resolution attached to minutes]

 

Ms. Foster advised that coverage was needed in the lower part of the County and the upper part of the County at night. 

 

Mr. Waldrop moved to accept the Resolution; second by Mr. Dawkins.  Vote was unanimous.

 

Public Comments

 

Robert Enos, 157 Middleton Place, Prosperity, SC, requested Council take a look at its priorities on taxes and slow things down a little. 

 

Fred Coffey, 123 Middleton Place, Prosperity, SC, spoke against the tax increase and asked Council to look into a way to control the taxes.

 

Rhonda Moore, 1811 College Street, Newberry, SC, spoke against the tax increase and exactly how much taxes will increase.

 

Gordon B. Johnson was disappointed that Council didn’t plan for a bigger facility.  There is no accurate information as to what taxes are going to be but we know they are going up. 

 

Mr. Dawkins stated that Mr. Johnson was a Judge in this County appointed by the Senate but paid by Newberry County.  Mr. Johnson stated that was correct, and it was mandated by the State of South Carolina.  Mr. Dawkins said the County has to furnish an office, pay the utilities, and the Senate mandates what the County pays to Mr. Johnson every year.  Mr. Johnson said the County gives him a budget every year, and he is under budget and will be when it is turned in next year. 

 

John Epting asked Council to consider the ramifications. 

 

Steven Mozinski, 203 Maple Knoll Court, talked about the increased taxes on lake property. 

 

2.            Ordinance #10-32-06:  An Ordinance authorizing the sale of merchantable hardwood, pine timber and pulpwood on the County Home property on Highway 34 and the 49.643 acre tract on the Fairgrounds property.

 

            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 third reading; second by Mr. Baker.  Vote was unanimous.

 

3.            Ordinance #10-33-06:  An ordinance authorizing the sale of merchantable hardwood, pine timber and pulpwood on County Airport property.

 

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

 

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

 

4.            Ordinance #10-34-06:  An Ordinance to transfer to the Town of Little Mountain a tract of land formerly used for fire fighting purposes by the County.

 

            Mr. Hawkins called for the public hearing.  There being no comments from the public, Mr. Hawkins declare the public hearing closed.

 

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

 

5.            Ordinance #10-35-06:  An amendment to Ordinance #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. Hawkins called for the public hearing.

 

            Larry DeHart, 969 Suber Road, Pomaria, SC, asked why a County Councilman was on this Board.  Mr. Hawkins stated it was just created recently.  Membership was discussed publicly.  A public hearing was held as well as three readings of the Ordinance. 

 

            Mr. Dawkins advised the membership was formed based on the National Incident Management System (NIMS), which is a federally mandated program, by the different emergency providers and representatives of the funding part of the government. 

 

            Mr. Caldwell asked how this person got on the Board or who appointed him.  Mr. Hawkins stated the Council member is on the Board because the by-laws of the Emergency Services Board called for the Chairman of County Council or his designee.  Mr. Hawkins appointed John David Dawkins to that Board.

 

            Mr. Pope stated there is always a question of dual office holding.  In this case every single member is an ex officio member, and it is part of their other public jobs to be on this Board so the policies and decisions can be made by those who are active in setting and administering policy.  It is not dual office, but simply an ex officio appointment.

 

            Mr. Pope read the following into the record:  “The Board shall be composed of the following nine ex officio members, each of whom shall serve so long as he or she holds the office to which each has been elected or appointed, to wit:  the Sheriff of Newberry County, the Chairman of County Council, or his designee from Newberry County Council, the County Administrator, the Public Safety Director/Emergency Services Coordinator, the Director of Emergency Medical Services, the Chief of Hazardous Materials (HazMat) Unit, and the Director of Communications, the Chairman of the Board of Rural Fire Control, or his designee, and the Chairman of the Board of Rescue Squads, or his designee.”  The proposed amendment reads:  “Of these members, each shall be a full voting member, except that the County Administrator, the Public Safety Director/Emergency Services Coordinator, and the Director of Communications shall be non-voting members.” 

 

            Mr. Hawkins advised it was on the agenda because the voting privileges were being removed from the County Administrator, the Public Safety Director/Emergency Services Coordinator, and the Director of Communications.

 

            Mr. Caldwell asked why these were to become non-voting members.  Mr. Hawkins stated in the case of the Emergency Services Coordinator the County Administrator is his supervisor.  Mr. Dawkins stated this was actually the recommendation of Gene Klugh when he was the Interim Administrator.  Mr. Adams also requested this action.

 

            Mr. Adams stated the Emergency Services Coordinator works for the County Administrator.  Having them both vote on this panel sets up the possibility that the Emergency Services Coordinator could take a position contrary to the County Administrator, which would make for an awkward working relationship.  This is pretty much needless since this Board serves in an advisory capacity and does not make policy.

 

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

 

            Mr. Dawkins moved to adopt the amendment; second by Mr. Hawkins.

 

            Mr. Morris proposed an amendment to also delete the Chairman of County Council, or his designee, from being a voting member and provide that no non-voting member can serve as Chairman; second by Mr. Baker.  Voting for the amendment:  Councilmen Waldrop, Caldwell, Morris and Baker.  Voting against the amendment:  Councilmen Hawkins, Dawkins and Summer.  Motion passed by majority vote.

 

            Mr. Hawkins then called for the question on the motion for third reading as amended.  Voting for third reading as amended:  Councilmen Waldrop, Morris and Baker.  Voting against third reading as amended:  Councilmen Hawkins, Dawkins, Summer, Caldwell.  Motion failed.

 

6.            Ordinance #10-36-06:  An Ordinance to amend the Budget Ordinance for the 2006-2007 fiscal year, Ordinance #06-16-06, so as to incorporate certain supplemental revenues and expenditures into the budget for purposes of addressing current needs.

 

            Mr. Hawkins asked Mr. Adams to explain this ordinance.

 

            Mr. Adams said Council is exceeding two benchmarks with the increase of the taxes planned for this year.  One is the rollback millage, and the second is the actual number of mills actually levied last year. 

 

            We can no longer spend savings to balance current year budgets.  Between 2002 and 2005 the millage rate increased 5%.  Fund balance or savings spending during that time average $1.8 million per year.  The County’s fund balance now is below the recommended safe level to continue operations throughout the year for cash flow purposes.  We are down to approximately 2 ½ months operating reserves, and it is recommended that counties keep 3 months operating reserves on hand.  We start spending for the budget Council passes on July 1.  We don’t collect the lion’s share of the property tax revenue until December and January, but we still have to pay the bills and make payroll, which is why County governments need that level of reserve funding on hand. 

 

The reserve level has gone down from $10,000,000 to about $4,500,000.  In one respect that is fair because we had an excess of reserves, and we were giving back to the taxpayers the part we didn’t need currently.  That amounted over that period of time to a 70 mill tax break in the sense that taxes were not increased as spending increased.  For a $100,000 home that is worth about $280 over the entire period from 2002 through 2005.  We can’t do that any more because the County’s reserves are one time money.  It is not recurring, but we have spent it for recurring costs.  Now we have to pay the full plate with current year property tax revenues.

 

The Auditor is estimating the value of a mill at about $93,500 for this tax year.  The $1.8 million would be about 20 mills of current year spending that has to be absorbed in current year taxes because savings can no longer pay for it. 

 

Council spent $2,500,000 on fire fighting equipment.  They added $900,000 in annual recurring expenses for salary much of which was for Sheriff’s deputies, jailers, dispatchers and to staff the new Planning office.  They also invested in several real estate parcels for economic development purposes with the idea of increasing the tax base and sharing the load. 

 

We have approximately a $4,000,000 shortfall in the capital project sales tax projects.  Citizen groups largely put together these budgets, and they probably aren’t as skilled at budgeting as someone who does it every day.  Hurricane Katrina has driven up construction prices tremendously and intervened that time between the vote to approve the projects and the time to implement them.  If we want to fund the projects, we will have to borrow additional funding. 

 

We have the added expense of finding a new location for the Sheriff’s Office.  We have approximately $5,000,000 budgeted for that.  This is not something Council expected to do.  It is not a position they are glad to be in but it is the reality.  Litigation concerning the building may go on for some time, but the Sheriff has to be somewhere in a permanent location. 

 

The County has talked about selling assets in the future, such as timber and some commercial property.  Perhaps that can be used for a combination of things such as increasing the fund balance to a safer level and maybe paying off some of the debt.  Those properties aren’t liquid, and it may take a while to sell them. 

 

Counties can borrow up to 8% of the assessed value of all of the property within their borders.  Under our debt cap, we have only about $1,500,000 left.  We are looking at $9,000,000 in debt.  The use of the debt levy, which is the traditional method of funding capital projects, is not available to us.  For that reason Council is considering what is called installment purchase debt.  Basically we lease to own the building over the time of the amortization.  To fund that you still have to levy millage.  The problem is that next year the Legislature will have in place the caps on the growth in county millage rates.  You won’t be able to go up over the CPI plus a modest factor for population growth.  For Newberry, generously speaking probably about a 4% increase in our millage levy.  We might be talking about 5 mills, and this project alone will cost over 9 mills.  This amendment would not be possible next year.  If this window passes, then we still have the need associated with the capital projects but we are out of means to fund them. 

 

It might be easy to mischaracterize these amendments as a last minute tax grab before these caps come into place.  Council has put on the table the reasons for which it wants to do the millage increase, if it votes to do that.  It has outlined those budgets by line item, and it is faced with the very real possibility of doing these things now or never or not for a long long time. 

 

We ask that you understand Council is considering these projects on their merits, and they are choosing from very limited options what they can do to fund them. 

 

This is actually a $9,393,920 project, which can be funded by amortization over 15 years of about $900,000 a year, which is 9.53 mills.  It could be funded with a 20 year amortization at a little less than $750,000 a year, which is 7.95 mills. 

 

We have three separate amendments.  The one currently under consideration is strictly a capital item.  The next amendment has to do with the EMS funding, moving from two full time ambulances at night to four full time ambulances at a cost of $320,000.  In that same amendment there is another $11,880 to fund senior citizens assisting with the next reassessment cycle.  The final amendment has to do with operations cost at the Sheriff’s Department, which was slightly under budgeted.  Because we were able to discontinue some of the expenses, that amendment is less costly than was previously expected, and it would take just a fraction of a mill to fund that.  The reason the Sheriff’s operations is separate is because of a litigation situation affecting County Council.  With these capital budgets, Council will consider the Sheriff’s budget separately for the same reason.

 

The projects included in the budget are as follows:

Ø   Silverstreet Fire Station at $378,242

Ø   Prosperity Fire Station at $871,002

Ø   Consolidated Fire Station at $574,500

Ø   Helena Community Center at $653,220

Ø   Library at $4,630,379

Ø   Rescue Squad 14 at $588,560

Ø   Sheriff’s Office $4,393,465

Ø   Maybinton Baseball Field at $80,000

Ø   Public Works Building at $887,020

Ø   Animal Shelter at $604,020

 

A budget for professional services related to these projects is in the amount of $582,731.

           

            The shortfall in those budgets beyond what is being provided by Capital Project Sales Tax Referendum and other sources of revenue is $8,539,927.  Add to that a 10% debt service reserve, which is required under this kind of borrowing, and that totals the principal amount of $9,393,920.

 

            Mr. Hawkins called for the public hearing.

 

Bill Parr asked if the projects listed were the ones funded by the capital sales tax that the voters voted on.  Mr. Adams stated that included the projects remaining.  It does not include the Fairview Fire Station, which is already completed, and it doesn’t include projects that pertain to municipalities and that aren’t under the County’s budgetary authority.  It also includes some funding for an Animal Control Shelter in the amount of $604,020, which was not specifically listed on the ballot. 

 

Mr. Parr understood that if the money ran short, you would run short of projects.  Mr. Parr asked about the priority of the projects and requested that Council consider the trust the voters put with Council when this was put before the voters.  He felt the projects should be cut from the bottom of the list and let the voters have a chance to do this at some future date. 

 

Mr. Adams advised the projects are prioritized on one hand as they are listed on the ballot.  The borrowing for the full amount of the proceeds up front calls for them to be simultaneous. 

 

Mr. Parr stated it was the intent of the legislation and himself as a voter and most the people here tonight that voting for the one cent sales solution would not cause for an increase in property taxes.  It was the intent of the voters to say that if the money was not there, the items at the bottom of the list would not be done.

 

Tom Crooks, 759 Hughey Ferry Road, Pomaria, SC, discussed the Peak Fire Station and felt it was overbuilt compared to Pomaria, Consolidated, and St. Phillips.  Fairview looks nice, but came in three times over cost.  Mr. Crooks asked who was controlling what was being built and who is controlling the costs.  He questioned fire stations being used as shelter in disasters.  If he is going to pay additional property tax and millage, he should have the same thing as people who live within five miles of a fire station.  Mr. Crooks asked that Council take more time and look at the priorities and scale back some of the buildings. 

 

Mr. Dawkins stated none of the buildings are being built more than what is required by the International Building Code, which was mandated by the State Legislature. 

 

Mr. Crooks asked why the Peak Fire Department had to have 4 bays and a big brick building.  Mr. Dawkins stated that was not a County project, but was a Town of Peak project.  The Town of Peak presented that to the Sales Tax Committee and that is what they requested.  County Council did not pick these projects nor did we put them in any order, delete any or add any.  That was done by the Sales Tax Committee as set up by State law.

 

Elsie Fields, Pomaria, SC, told a story about the seven wise men and the country full of idiots.  Unless a library of 25,000 square feet was built, everyone would become idiots.

 

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

 

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

 

Mr. Adams suggested splitting this ordinance into two parts because of the Sheriff’s part. 

 

Council agreed to split these into 6(A), which would be without the Sheriff’s Office, and 6(B) would be the Sheriff’s Office.

 

Mr. Caldwell moved to give third reading to 6(A); second by Mr. Summer.

 

Mr. Adams stated 6(A) consisted of the following projects

 

PROJECT

TOTAL COST

SHORTFALL

Silverstreet Fire Station

$378,242

$139,642

Prosperity Fire Station

$871,002

$280,602

Consolidated Fire Station

$574,500

$240,500

Helena Community Center

$653,220

$228,220

Library

$4,630,379

$1,124,129

Rescue Squad 14

$588,560

$144,560

Maybinton Baseball Field

$80,000

-0-

Public Works Building

$887,020

$802,058

Animal Shelter

$604,020

$604,020

Professional Services

 

$282,916

 

Mr. Adams stated the Interim Administrator described the Public Works building and the Animal Shelter as third world facilities.  These are not good working conditions and are not conditions that we want patrons to visit in or employees to work in.  The environment of the Animal Shelter is not conducive to adopting pets, but a barrier.  It is an unhealthy place to work.  We think about Public Works riding dump trucks up and down the road, scraping dirt roads, but we don’t think about them having a building.  The State tells us how we house prisoners, and they wouldn’t let us house prisoners there, but our Public Works people have worked there for a long time. 

 

Mr. Caldwell mentioned the Maybinton Baseball Field, which won’t even have restrooms.  Mr. Hawkins stated we discussed that earlier today and hope that some of the accommodations tax funds may help with that.  When you say there is no shortfall, that is an over statement. 

 

Mr. Dawkins asked people in the audience in support of one project or more that they want funded by County Council to stand. 

 

Mr. Morris stated the Public Works building and Animal Shelter are located on the most valuable property owned by Newberry County.  Some of that property has been surveyed into lots that it could be sold.  As soon as these facilities are moved, that property could be sold and the money would come back to the general fund of the County.  We are sitting on a gold mine with worthless buildings. 

 

Mr. Summer said these projects cover a lot of variety of a lot of different needs throughout the whole county.  Some of these projects have already been completely funded.  These projects here haven’t been completed funded.  Council has been criticized for not being cost effective on some of these projects.  Mr. Summer has worked hard on the Library project, and we have cut the cost of the Library, but we are still trying to have a decent Library.  We have it to the bare bones and have cut out $500,000 in equipment that the Friends of the Library have said they would come up with to get a decent building.  Mr. Parr feels we should eliminate some of these projects.  One of the projects we would eliminate would be the Public Works building.  Another project not even on the list would be the Animal Shelter.  Those projects would never be funded after this year because we can’t raise taxes.  A lot of people feel they will never support the penny sales tax again but the projects are very important to the whole county.  We are able to borrow this money at 5%, which is very reasonable.  If we put the projects off for a couple of years, it will cost more than 5% in construction costs.  Many years ago we had a chance to build a jail, and people decided we weren’t going to pay one penny more than we have to.  The jail was built with a flat roof, and we cut corners everywhere.  For the last 30 years County Council has been paying for that decision because building something cheap, don’t make it good, and it don’t make it thrifty.  We are supposed to be good stewards of the county’s property by not wasting the money and by trying to build decent buildings that will last. 

 

Mr. Dawkins stated last year 72% of the tax bill was for schools and 28% was under the County’s authority.  The Legislators think they have done everybody such a magical deed.  By mandate, the County is required to house DSS, DHHS, DHEC, Department of Juvenile Justice and the Probation and Parole.  Any time we have a problem with a Magistrate, we have no control over the problems, but we are directed and mandated by State law how much we pay them.  Tell your State Legislators to take back the State agencies and fund them as they should and the County won’t have to be footing the bill.  Every time there is a shortfall in Columbia, we end up with another State agency, an unfunded mandate.

 

Mr. Morris stated we have to house prisoners in Newberry County after they are convicted and supposed to go to Central Corrections.  We have to keep them here for 60 to 120 days because they won’t take them down there.  That is another unfunded mandate.  Another one coming up is any where we have a Court function, we have to have two posted armed guards all the time the building is open regardless of whether Court is in session or not.  Newberry County has three separate locations for Court functions, which means we have to hire four more uniformed officers. 

 

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

 

[COUNCILMAN BAKER AND MR. POPE LEFT CHAMBERS]

 

Item 6(B), building for Sheriff’s Office - Mr. Adams advised that the total budget for the Sheriff’s Office building was $4,693,280; shortfall is the same amount.

 

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

 

Mr. Hawkins moved that Council instruct the County Administrator to coordinate with the attorney representing the County in this case and instruct them to sell the building on Highway 219 by whatever means it can be done and come back with a recommendation as to what will work best to get the most out of it so we will know what we have lost and that is the amount we will sue for; second by Mr. Morris. 

 

Mr. Adams advised we would probably want to proceed with an appraisal to determine the fair market value. 

 

Mr. Waldrop asked what would happen if we found out the building could be repaired at some reasonable cost.  Mr. Hawkins said if agenda item 6(B) passes and we build a new facility for the Sheriff’s Office, he would not ask any other department of County government to go in that building. 

 

Mr. Caldwell stated it would be hard for him to vote for the Sheriff or any other agency to go into a building where employees that have been employed there became sick. 

 

There being no further discussion, Mr. Hawkins called for the question on the amendment.  Vote was unanimous.  [Councilman Baker absent]

 

Mr. Hawkins called for the question on the original motion as amended.  Vote was unanimous.  [Councilman Baker absent]

 

By unanimous consent, Council agreed to a 15 minute break.

 

[BREAK 8:50 P.M. – 9:05 P.M.]

[COUNCILMAN BAKER AND MR. POPE RETURNED TO CHAMBERS]

 

Mr. Adams stated that under advice of the bond counsel, he asked that Council budget for an amortization amount of $891,438 to fund the debt service on the projects Council just approved.

 

Mr. Waldrop asked what this would do to the County’s credit rating.

 

Theo DuBose, bond counsel, didn’t think it would have any impact on the credit rating of the County.  The rating agencies that look at these understand that you have capital needs and don’t see that in a negative light.

 

Mr. Summer so moved; second by Mr. Dawkins.  Voting for the motion:  Councilmen Hawkins, Waldrop, Caldwell, Summer, Dawkins and Morris.  Councilman Baker abstained.  Motion passed by majority vote.

 

7.            Ordinance #10-37-06:  An Ordinance to amend the Budget Ordinance for the 2006-2007 fiscal year, Ordinance #06-16-06, so as to incorporate certain supplemental revenues and expenditures into the budget for the current fiscal year.

 

            Mr. Hawkins asked Nancy Owen, County Auditor, to share information with Council prior to addressing this item.

 

            Ms. Owen wanted to share information as to what taxes would be for 2006 versus what taxes would be for 2007.  It is already law in the State of South Carolina that for 2007 there will be an exemption for owner-occupied homes on all school operating tax.  That is not in effect for 2006, but will be for 2007.  The taxes for 2006 on a $100,000 home for county and school purposes, using 390 mills, will be around $1560 less your residential exemption of $366, so the actual tax will be around $1194.  For 2007 the total tax would still be  $1560, but you will receive a $728 residential exemption for all school operating, which will lower the tax from $1560 to $832. 

 

On a $250,000 home the actual tax for 2006 will be approximately $3900; however, you will receive a $366 exemption, which will bring the property tax down to approximately $3534.  For 2007 on the $250,000 home there is no limit as it is in 2006 on the residential exemption.  The residential exemption for 2006 is on the first $100,000 market value.  If you own a $250,000 home for 2007 you will get the residential exemption on the full value of your home regardless of the value of your home so your tax will go down from $3900 to $2080, which means you will get approximately a $1820 exemption versus a $366 exemption for 2006. 

 

Regardless of what Council passed tonight, the full residential exemption will be in effect for next year.

 

The largest impact on the tax bill is not what has been budgeted but reassessment.  The County has not reassessed since 1999, and at that time, it was proven that the majority of our values were too low.  By being too low in 1999 and bringing it up to today’s values, we are getting a hard impact due to reassessment.  It is State law that we have to reassess every five years.  Because of other circumstances, reassessment was delayed in Newberry County until this year.  There will be another reassessment in 2009. 

 

            Mr. Hawkins called for the public hearing.  There being no comments from the public Mr. Hawkins declared the public hearing closed.

 

            Mr. Adams stated this amendment pertains to extending the EMS to four full time crews between 8:00 p.m. and 8:00 a.m. at a cost of $320,000, and the remainder of the amendment has to do with funding $11,880 for assistance from the Council on Aging in the Assessor’s Office for the 2009 reassessment.

 

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

 

            Mr. Dawkins stated the presentation from the hospital indicated that three hours out of every night the ambulance demand is at full capacity and we depend on the Rescue Squad, who are volunteers.

 

            Kathryn Bennett, McNeary Street, Prosperity, SC, asked about the money she pays when she uses the ambulance service.

 

            Lynn Beasley, Newberry County Memorial Hospital, stated the hospital charges for ambulance services; however, ambulance services do not pay for themselves in total.  The amount of money requested is a subsidiary against the shortfall between the revenue from charges and collections and the actual cost of providing the service. 

 

            Mr. Morris moved to amend that instead of funding as written that a third shift be funded in Newberry to be housed at the Newberry facility; second by Mr. Waldrop. 

 

            Mr. Waldrop’s understanding was that the hospital didn’t have enough hired help to cover the whole county and it is needed in other parts of the county.  Mr. Beasley stated they have two crews, 24 hours, 7 days a week behind the hospital.  The difficulty is because of the geography and response time.  Depending on where you live in the county, the average response time from the central location in Newberry is 25 to 30 minutes. 

 

            Andy Ackerman, who lives in the outlying area of the county, stated there are ambulances in the City to attend those people close to that area, but the lower end of Newberry County starts at Colony Church.  If you live in an outlying area in Newberry County, you are asking these people to hold their breath until an ambulance can get there because if you are choking or having a heart attack or a respiratory problem, that is what you will do until an ambulance can get there. 

 

            Mr. Hawkins stated the ambulance would serve up towards Newberry as well as down toward the Lake. 

 

            Mr. Baker stated there were seven Rescue Squads in the County with nine ambulances.  They may not be sitting at the station when you call, but they will come to you as soon as they can. 

 

            Mr. Dawkins stated this was not an intrusion on the Rescue Squads.  The Lake Murray Rescue Squad totally supports adding this ambulance, and if you talk with Chief Andrews at the Whitmire Rescue Squad, he supports it.  Because of the training required, you can’t expect volunteers to go out and become a paramedic.  Most paramedics do it as a profession.  There is not always trained staff ready to roll the ambulance.  To put an ambulance on the road, you have to be medically trained to roll it.  Out of 148 times when they were requested to roll, they only rolled 36 times because somebody was at work or the properly trained people were not there. 

 

            Mr. Hawkins called for the question on the amendment to fund one ambulance crew at Newberry.  Voting for the amendment:  Councilmen Morris and Waldrop.  Voting against the amendment:  Councilmen Hawkins, Caldwell, Summer, Dawkins and Baker.  Amendment failed.

 

            Mr. Hawkins then called for the question on the original motion for third reading.  Voting for third reading:  Councilmen Dawkins and Hawkins.  Voting against third reading:  Councilmen Waldrop, Caldwell, Summer, Morris and Baker.  Motion failed.

 

8.            Ordinance #10-38-06:  An Ordinance to amend the Budget Ordinance for the 2006-2007 fiscal year, Ordinance #06-16-06, so as to incorporate certain supplemental revenues for purposes relating to the General Fund contingency.

 

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

 

            Mr. Adams stated that the County has been paying for the modular units at the Sheriff’s Office out of the General Fund contingency account.  Originally the amount at first and second reading was $39,800.  We do not have to continue the scrubbers and dehumidifiers, which reduced the amount to $11,603, which is for the continued rental of the modular units for the rest of this fiscal year.

 

            Mr. Morris moved for third reading; second by Mr. Hawkins.  Voting for the motion:  Councilmen Hawkins, Waldrop, Caldwell, Summer, Dawkins and Morris.  Councilman Baker abstained.  Motion passed by majority vote.

 

9.            Ordinance #10-39-06:  An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone two tracts containing 47 acres, designated as TMS Parcel Nos. 247-2 & 249-3, from Rural (R-2) to Residential (RS-1).

 

            Mr. Hawkins called for the public hearing. 

 

            Rebecca Ruff, Odell Ruff Road, spoke in opposition to the proposed subdivision.   

 

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

 

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

 

10.            Ordinance #10-40-06:  An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance No. 12-24-01 so as to rezone a 3 acre portion of TMS Parcel No. 574-4 from Rural (R-2) to General Commercial (GC).

 

            Mr. Hawkins called for the public hearing.

 

            Joseph Brown, Pastor of Mt. Hebron AME Church, advised the members of the church want to know what is happening and how it will affect the church.

 

            Anne Peters, Zoning Administrator, advised the flea market would be located on this property and plans are for the road to be paved. 

 

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

 

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

 

11.            Ordinance #11-45-06:  An Ordinance adopting and approving the terms of, and authorizing the Chairman to execute and deliver, the attached instrument entitled “Agreement for a Comprehensive Joint County Business and Industrial Park in Greenwood and Newberry Counties” (“The Agreement”) to be entered into between Greenwood County and Newberry County, in order to create a Joint County Industrial and Business Park, (a “Park”) pursuant to Article VIII, Section 13, of the South Carolina Constitution and Sections 4-1-170, et. seq., Code of Laws of South Carolina, 1976, as amended, (collectively the “Act”) which will contain properties geographically located within the boundaries of Greenwood and Newberry Counties, as specified in the Agreement.

 

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

 

12.            Ordinance #10-41-06:  An Ordinance enacting and adopting Supplement 2206 S-1 to the Code of Ordinances for the County of Newberry, South Carolina.

 

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

 

13.            Ordinance #10-42-06:  An Ordinance amending the Newberry County Purchasing Ordinance.

 

            Mr. Morris moved for second reading; second by Mr. Summer. 

 

            Mr. Dawkins requested that the County Attorney look into the provision that a county employee could not be a subcontractor either. 

 

There being no further discussion, Mr. Hawkins called for the question.  Voting for the motion:  Councilmen Hawkins, Waldrop, Caldwell, Summer, Dawkins and Morris.  Councilman Baker abstained.  Motion passed by majority vote.

 

14.            Ordinance #10-43-06:  An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone a tract containing 3 acres, designated as TMS Parcel No. 651-58, from Rural (R-2) to General Commercial (GC).

 

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

 

15.            Ordinance #11-44-06:  An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-242-01 so as to rezone a 2 acre portion of a 3 acre tract, designated as TMS Parcel No. 530-13, from Rural (R-2) to Limited Commercial (LC).

 

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

 

16.            Committee Reports.

 

            No reports.

 

17.            Appointments.

 

            No appointments.

 

18.       Report from Lewis Lee, Emergency Services Director, on redrawing of Rescue Squad territorial boundaries.

 

            Deleted.

 

19.            Consideration of acceptance of deed from Town of Peak to Newberry County for the Peak Fire Department.

 

            Mr. Pope advised that the Town of Peak would like to use the meeting room at the Fire Station for public meetings including Town Council meetings and voting for public elections.  Also, if it ceases to be used for public purposes, it would revert back to the Town of Peak.

 

            Mr. Waldrop moved to accept the deed subject to the requests from the Town of Peak; second by Mr. Baker.  Vote was unanimous.

 

Comments from County Administrator.

 

            Mr. Adams thanked Council for a long day and hard work in facing some tough decisions.  We will look to carry out the capital projects with an eye toward saving money from the budgets and that money we will ask Council to reappropriate rather than having individual representatives from the projects do that.

 

Comments from Council Members.

 

            Mr. Morris thanked Mr. Adams for his diligence in putting this together.

 

            Mr. Caldwell felt the County owed the newly appointed Superintendent of Schools an apology.  The County had the Industrial Appreciation Reception and all dignitaries there were introduced and given an opportunity to say something other than the School Superintendent.  Mr. Caldwell requested that a letter of apology be sent to him.

 

            Mr. Hawkins thanked Nancy Owen and Debbie Cromer for their hard work.

 

Adjournment.

 

            Mr. Morris moved to adjourn; second by Mr. Waldrop.  Vote was unanimous.

 

            Meeting adjourned at 10:00 p.m.

 

                                                                        NEWBERRY COUNTY COUNCIL

 

 

                                                                        ________________________________

                                                                        Mike Hawkins, Chairman

 

 

                                                                        ________________________________

                                                                        Susan C. Fellers, Clerk to Council