NEWBERRY COUNTY COUNCIL
MINUTES
NOVEMBER 2, 2005
The Newberry County Council met on Wednesday, November 2, 2005, at 7:00
p.m. in Council Chambers for a regular meeting.
PRESENT: 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.,
Gary
T. Pope,
Susan C. Fellers, Clerk to Council
MEDIA: Cindy Pitts, Newberry Observer
Heather Hawkins, WKDK
Cassie Fowler, Whitmire
Mike Hawkins, Chairman, called the meeting to order and determined a quorum to be present.
Notice of the meeting was duly advertised as required by law.
Leonard B. Sossamon, Jr.,
Adoption of Consent Agenda:
Mr. Morris moved to adopt the consent agenda; second by Mr. Caldwell. Vote was unanimous.
Additions, Deletions and Adoption of Agenda:
The following amendments were made to the agenda:
1. Acceptance of bid for
architectural services for the
2. Acceptance of bid for architectural services for the Newberry County Library (15.2)
3. Under Executive Session: contractual – land acquisition (20); 2 economic development matters – multi county park and land acquisition (21); 2 legal matters – decision of Court of Appeals in landfill lawsuit and Magistrate’s Office (22); and a legal and economic development matter – Industrial Park property (23).
4. Postpone Agenda Item #19 until after the County Council work session on November 16.
There being no further additions or deletions, Mr. Morris moved to adopt the agenda as amended; second by Mr. Dawkins. Vote was unanimous.
1. Pomaria
Fire Department, Thomas L. Long, Chief – Request for reimbursement of matching
funds for forestry grants in the amount of $3,025.
Since Mr. Long was unable to attend the meeting, Councilman Andy Morris presented the request on behalf of Pomaria Fire Department seeking reimbursement from the County of the match for grants received by the department in 1999, 2000, 2001 and 2003 in the amount of $3,025.
Mr. Morris moved to grant the request for $3,025; second by Mr. Waldrop.
Mr. Dawkins expressed concern over granting reimbursement back to 1999 because a lot of other fire departments have done the same thing. The budget adopted in FY 04-05 contained a proviso that all funds not requested or encumbered prior to the end of the fiscal year be first applied to pay indebtedness of capital improvements of any county rural fire department which existed as of May 31, 2004. Pomaria was one of the stations that benefited from this proviso. Mr. Dawkins agreed that Council should match the grants but not back up and reimburse.
Mr. Baker agreed with Mr. Dawkins.
Mr. Summer asked why Pomaria Fire Department waited until now to ask for the money. Mr. Morris said they saw we had been granting matches for other entities.
There being no
further discussion, Mr. Hawkins called for the question. Voting for the motion: Councilmen Hawkins, Waldrop and Morris. Voting against the motion: Councilmen Baker, Dawkins,
Mr. Morris moved that the County reimburse Pomaria Fire Department for the match for the 2004 grant in the amount of $1,100; second by Mr. Waldrop.
Mr. Caldwell raised the issue or procedure under Roberts Rules of Order. Mr. Hawkins asked that he point out the specific section, but Mr. Caldwell did not do so since he was not the parliamentarian. Mr. Hawkins ruled the motion to be in order and called for the question.
Voting for the motion: Councilmen Hawkins, Waldrop, Dawkins, Morris and Baker. Voting against the motion: Councilmen Caldwell and Summer. Motion passed by majority vote.
2. Whitmire
Rescue Squad, Jimmy Andrews, Chief – Request for matching funds for Homeland
Security Department grant in the amount of $5,768.
. Jimmy Andrews, Chief of the Whitmire Rescue Squad, advised they applied for and obtained a grant from the US Department of Homeland Security for $115,358. The federal share is $109,590. The matching share at 5% is $5,768.
Mr. Dawkins moved to grant the request for the $5,768; second by Mr. Baker. Vote was unanimous.
Public Comments:
NACo Board meeting report from John Caldwell.
Mr. Caldwell
attended the NACo Board meeting in
3. 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. 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. Morris. Vote was unanimous.
4. 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. Hawkins called for the public hearing. There being no comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Dawkins moved for third reading; second by Mr. Morris. Vote was unanimous.
5. An
Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance
No. 12-24-01 so as to rezone 79.15 acres of TMS Parcel No. 577-11 from Basic
Industrial (BI) to General Commercial (GC).
Mr. Morris moved for second reading; second by Mr. Dawkins. Vote was unanimous.
6. An
Ordinance adopting and approving, and authorizing the Chairman to execute and
deliver the attached Joint County Business and Industrial Park Agreement (The
“Agreement”) entered into between Greenwood County, Laurens 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
Mr. Morris moved for second reading; second by Mr. Baker. Vote was unanimous.
7. An
Ordinance granting a franchise to Time Warner Entertainment-Advance/Newhouse
Partnership, d/b/a Time Warner Cable, to construct, operate, and maintain a
cable system in the County of Newberry, South Carolina setting forth conditions
accompanying the grant of the franchise; providing for regulation and use of
the system and the public rights-of-way and prescribing penalties for the
violation of the provisions herein.
Mr. Morris moved for first reading; second by Mr. Baker.
Mr. Dawkins asked about fees paid by the companies. Mr. Pope advised that the County has a consultant who has been looking at everything. There is a worksheet itemizing the different things they have to pay us for. This is an improvement over what we had. The County receives 5% of the gross revenue.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
8. An
Ordinance repealing Ordinance No. 15, as amended, relating to the regulation of
construction of septic tanks.
Mr. Dawkins moved for first reading; second by Mr. Morris.
Mr. Pope advised that DHEC now regulates all septic tanks.
There being no further discussion, Mr. Hawkins called for the vote. Vote was unanimous.
9. An
Ordinance abolishing the Fairgrounds Commission and transferring the duties
thereof to the
Mr. Waldrop moved for first reading; second by Mr. Dawkins. Vote was unanimous.
10. An
Ordinance establishing mobile home regulations and licensing requirements in
Mr. Baker moved for first reading; second by Mr. Morris.
Mr. Dawkins
stated this would transfer the duties of actually obtaining the permit from the
Assessor’s Office to the Building Inspection Department, which would make it
much simpler. To be able to put a mobile
home in
Ms. Peters stated it may not be a problem but she didn’t know what would be involved, which makes it hard to make a decision.
Mr. Hawkins advised it would be discussed during the Council work session on November 16 and maybe they could come up with some amendments.
Mr. Pope advised this ordinance provides that the person who issues the decal also issues the moving permit. There has been a problem with some people trying to reuse decal numbers and there have been problems with phantom titles.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
11. An
Ordinance to regulate the possession and disposal of household waste, litter,
abandoned and derelict vehicles, mobile homes and abandoned and derelict
structures and other property, and to provide penalties for violations thereof,
and to provide for other remedies, including civil fines, assessments and
injunctive relief.
Mr. Baker moved for first reading; second by Mr. Morris.
Mr. Morris asked what the effective date would be and how property owners would be notified about the ordinance. The towns have no enforcement mechanism and they should be allowed to participate.
Mr. Dawkins moved to postpone first reading until after the work session on November 16; second by Mr. Waldrop.
Mr. Pope advised this ordinance is intended more for junk that structures.
Mr. Hawkins called for the question
on the motion to postpone. Voting for
the motion: Councilmen Hawkins, Waldrop,
12. A
Resolution establishing requirements for training and commissioning Code
Enforcement Officers, and delegating certain authority in that regard to the
County Administrator.
Mr. Dawkins moved to adopt the Resolution; second by Mr. Morris. Vote was unanimous.
13. Committee Reports.
No reports.
14. Appointments:
Mr. Summer recommended the reappointment of Dr. Mac Hughes to the Newberry County Memorial Hospital Board, and the reappointment of Mac Montgomery and Rick Montgomery to the Recreation Commission.
Mr. Hawkins recommended the reappointment of Lynda Counts to the Newberry County Library Board.
There being on other appointments, Mr. Waldrop moved to accept the recommendations; second by Mr. Morris. Vote was unanimous.
15. Acceptance of bid for
J.F. Hawkins Nursing Home additions and alterations.
Mr. Baker recused himself since his company bid on this project. Mr. Pope added that Mr. Baker would have no input whatsoever in discussions of this project.
Mr. Sossamon stated this would be a covered drive thru. Three bids were submitted, and the lowest bid was from W.E. Baker and Sons in the amount of $113,088. Mr. Sossamon recommended that Council accept the low bid.
Mr. Frank Hinson with DSP advised a bid alternate had to be added for the bond performance and labor in the amount of $1,600. Also the automatic doors there now are in no shape to be relocated and the price to replace those would be $$6,205. With the addition of those two items, the total contract would be $120,893.
Mr. Waldrop moved to accept the low bid and the two alternates for a total of $120,893; second by Mr. Morris.
Construction plans were briefly discussed with Mr. Henson.
Mr. Summer felt it was not good for somebody on County Council to bid on jobs for the county. Mr. Pope advised that as long as Mr. Baker disassociated himself from the process, and his company is given no special consideration, nothing would be wrong. From a legal standpoint it is correct that Council can accept the low bid but if Council would prefer that no one connected with the county bid on county projects, then it can be made a county policy, which would go above and beyond the Ethics Act.
Mr. Henson advised that his company would observe construction and review the project as it progressed; however his company did not oversee.
Mr. Waldrop stated he would support W.E. Baker and Son as long as it was ethical.
Mr. Caldwell felt if Council did not accept the bid from W.E. Baker and son, it would be grossly wrong because there was no stipulation that a Council member or his family could not bid on a project.
Mr. Dawkins
agreed with Mr. Summer that it didn’t feel comfortable. He stated some constituents had mentioned it
to him. If something happens with the
building, how can the
Mr. Morris agreed with Mr. Pope and felt this was an issue to be dealt with by Council in the future.
Mr. Pope advised
that during the construction phase, it would be the City of
Mr. Hawkins
called for the question. Voting for the
motion: Councilmen Hawkins, Waldrop,
15.1 Acceptance of bid for
architectural services for
Mr. Sossamon recommended that DSP be engaged to proceed with designing the plans and specifications at a cost of $32,000.
Mr. Caldwell moved to accept recommendation; second by Mr. Waldrop.
Mr. Baker said
$400,000 was awarded to the
Mr. Morris recommended that if the building plans had to be revised, the County should not pay DSP for the additional time.
Mr. Baker moved to amend the motion to include a provision that if the project comes in over budget, DSP will not charge an additional fee to revise the plans; second by Mr. Morris. Vote was unanimous.
Mr. Hawkins called for the vote on the motion as amended. Vote was unanimous.
15.2 Acceptance of bid for
architectural services for
Mr. Sossamon advised that the design fee would be 7.5%, or approximately $245,000. We cannot advertise for bids, but have to go through RFQ, which has been done. Mr. Sossamon recommended awarding the contract to McMillan Smith.
Mr. Summer moved to award the contract to McMillan Smith; second by Mr. Morris.
Mr. Baker moved to amend the motion to include a provision that if the project comes in over bid, McMillan Smith would revise the plans at no additional cost to the county. Mr. Summer accepted the amendment to his motion.
Mr. Morris moved to amend the motion to include a provision that McMillan Smith manage the project at no additional cost. Mr. Summer also accepted that amendment to his motion.
Mr. Hawkins called for the question on the motion as amended. Vote was unanimous.
16. Nancy Owen, Auditor.
Mr. Sossamon handed out a written report from Ms. Owen indicating the last of the tax notices were mailed this week. There were no questions from Council.
17. Susie Berry, Assessor.
Ms.
18. Consideration of approval of Agreement between The Mercer Group, Inc. and Newberry County to assist the county in conducting a management and organizational study of county emergency services.
Mr. Summer moved to postpone this until after the work session on November 16; second by Mr. Caldwell. Vote was unanimous.
19. Consideration of change
in time of County Council meetings.
Postponed.
Executive Session.
Mr. Pope requested that Council add an item under Executive Session to consider a request from DHEC for the County to participate in a grant, at no cost to the county, for assessment of groundwater pollution at the Morehead Oil Company site.
Mr. Morris moved to go into Execute Session to discuss contractual, legal and economic development matters as previously detailed in the minutes; second by Mr. Baker. Vote was unanimous.
[EXECUTIVE SESSION 8:19 P.M. –
9:21 P.M.]
Mr. Baker moved to return to regular session; second by Mr. Morris. Vote was unanimous.
Mr. Pope reported on the following Executive Session matters:
1. Decision of the Court of Appeals on the Pomaria landfill. Mr. Morris moved to go forward with the appeal of the decision; second by Mr. Dawkins. Vote was unanimous.
2. The Department of Health and Environmental Control is going to get a grant for the assessment of the Morehead Oil Company property which has been polluted by a gasoline spill several years ago. The corporation is now defunct and DHEC wants to get it cleaned up. The first step is to get it assessed, and they would like the cooperation of the county in the form of advertising public hearings, providing a meeting place for them and possibly providing some labor to clean up some of the sites so they can get in to assess it. Mr. Baker moved to endorse the grant; second by Mr. Dawkins. Vote was unanimous.
3. We had a discussion about a personnel matter involving policies dealing with wages when an employee is overpaid. The proposed policy would be if there is any overpayment of wages or salary or any indebtedness by an employee to the county for whatever reason, that indebtedness or overpayment could be recovered from current wages up to an amount of 25% of the gross pay in the pay period, or if the employee were to terminate services, it would be deducted from any accrued leave they might have. Mr. Morris so moved; second by Mr. Dawkins.
Mr. Hawkins pointed out it says up to 25%, and that would allow for discretion on the part of the Department Head or the County Administrator in case of a hardship.
Mr. Hawkins called for the question. Vote was unanimous.
4. There was discussion about Christmas holidays and that December 26th and 27th would be the appropriate days under the existing policy. Mr. Morris moved to declare December 26th and 27th Christmas holidays for 2005; second by Mr. Baker. Vote was unanimous.
5. In regard to the
Confalinori property at
6. We discussed economic development matters and request that Council give first reading by title only of a Bond Anticipation Note in an amount up to $3,000,000 to finance an economic development project. Mr. Morris moved for first reading; second by Baker. Vote was unanimous.
7. There was discussion of another economic development matter involving possible land acquisition, but no vote is necessary at this time.
8. There was discussion of another economic development matter in another part of the county involving land acquisition, but details cannot be revealed at this time.
Mr. Hawkins reminded Council about the work session on Wednesday, November 16, from 1:00 to 5:00 p.m. and the County meeting would begin at 7:00 p.m.
Mr. Summer stated it was amazing that one of our members, John Caldwell, was serving on a national organization and that he was proud to have Mr. Caldwell representing us.
Mr. Hawkins advised that Mr. Waldrop would chair the committee involving the study of inmate labor.
There being no further business, Mr. Waldrop moved to adjourn; second by Mr. Baker. Vote was unanimous.
Meeting adjourned at 9:30 p.m.
NEWBERRY COUNTY COUNCIL
___________________________________
Mike Hawkins, Chairman
___________________________________
Susan C. Fellers, Clerk to Council