NEWBERRY COUNTY COUNCIL

MINUTES

DECEMBER 5, 2007

 

 

The Newberry County Council met on Wednesday, December 5, 2007, at 7:00 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

                        Mike Hawkins, Councilman

                        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

 

Absent:             John E. Caldwell, Councilman (attending NACo Finance Committee meeting)

 

Press:               Cindy Pitts, The Newberry Observer

                        Heather Hawkins, WKDK

 

Notice of the meeting was duly advertised as required by law.

 

Mr. Summer called the meeting to order and determined a quorum to be present.

 

Mr. Baker 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. Livingston.  Vote was unanimous. 

 

2.            Additions, Deletions and Adoption of Agenda.

 

Mr. Dawkins requested that agenda item #6 be postponed until the December 19th meeting per the request of the property owner, Mr. Harmon. 

 

Mr. Waldrop requested that Council consider changing the time of the December 19th meeting.

 

 

Mr. Hawkins requested a legal matter be added to executive session in order for Council to obtain an update regarding the Sheriff’s Building on Highway 219 and the landfill in Pomaria.  [Item 15(c)] 

 

Mr. Summer requested the addition of a personnel matter under executive session to discuss evaluating the County Administrator.  [Item 15(d)]

 

Mr. Summer requested that public comments be moved to agenda item 2(a).

 

Mr. Adams requested the addition of another matter under executive session to get legal advice on a pending claim against the County.  [Item 15(e)]

 

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

 

2(a).     Public Comments.

 

Tommy Johnson appeared on behalf of the University of South Carolina 1807 Commencement Commemoration Committee.  The first graduating ceremony of the University of South Carolina was held on December 7, 1807 with five undergraduate degrees awarded.  Degrees were awarded to John Caldwell, Anderson Crenshaw,
Walter Crenshaw, George Washington Glenn, and John Wesley Harper, all of whom were educated at Mount Bethel Academy in Newberry County.

 

Mr. Johnson advised that a ceremony had been scheduled for Friday, December 7, 2007, at the Newberry Opera House in honor of these five graduates from Newberry County.  He requested County Council to consider financial support in the amount of $1,500 toward this ceremony. 

 

Mr. Dawkins moved to grant the $1,500 for this but that the County seek reimbursement of these funds from the Accommodations Tax; second by Mr. Hawkins.  Vote was unanimous.

 

3.            Ordinance #09-29-07:  An Ordinance setting aside a one-half acre parcel within the Lynch’s Woods Park as an area protected by Restrictive Covenants, as a means of providing for wetland mitigation of small areas of wetlands disturbed during the Newberry County Airport Improvement Project, and matters related to the implementation of the Mitigation Plan.

 

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

 

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

 

4.            Ordinance #11-31-07:  An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone two tracts, the first tract containing approximately 1.85 acres and designated as TMS Parcel No. 340-1-72, and the second tract containing approximately 1.8 acres and designated as TMS Parcel No. 340-1-73, with both tracts being rezoned from Residential (RS-2) to General Commercial (GC).

 

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

 

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

 

5.            Ordinance #11-32-07:  An Ordinance authorizing the amendment of the Fee in Lieu of Tax Agreement dated as of December 11, 2002, by and between Newberry County, South Carolina and Pioneer Frozen Foods South Carolina, Inc. providing for a payment of a fee in lieu of taxes.

 

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 second reading; second by Mr. Livingston.  Vote was unanimous.

 

6.            Ordinance #12-33-07:  An Ordinance to amend the Official Zoning Map established pursuant to Zoning Ordinance #12-24-01 so as to rezone three tracts, the first tract containing 8.34 acres, designated as TMS Parcel #335-24, the second tract containing approximately 12 acres, designated as TMS Parcel #340-47, and the third tract containing approximately 1 acre and designated as TMS Parcel #335-12, with the first tract being rezoned from (LC) Limited Commercial to (RS-3) Residential and the other two being rezoned from (RS-1) Residential to (RS-3) Residential.

 

This item was postponed to the December 19th meeting.

 

7.            Resolution #25-07:  A Resolution authorizing the amendment of the Agreement for Development of Joint County Industrial Park executed on July 28, 1998, by and among Newberry County, South Carolina and Lexington County, South Carolina, providing for the development of a jointly owned and operated industrial/business park so as to include additional property in Newberry County as part of the Joint County Industrial Park, and other matters relating thereto. 

 

Mr. Waldrop moved to adopt the Resolution; second by Mr. Baker. 

 

Mr. Adams advised that in order to get job tax credits and other tax advantages of locating in Newberry County, Nasmyth has to be in a multi-county industrial park.  This resolution applies to the rented temporary facility from which they are operating at the present time.

 

There being no further discussion, Mr. Summer called for the question.  Vote was unanimous.

 

8.            Committee Reports.

 

No reports.

 

9.            Appointments.

 

No appointments.

 

10.            Consideration of granting December 24, 2007 as an additional Christmas holiday to Newberry County employees.

 

Mr. Livingston moved to grant December 24, 2007 as an additional Christmas holiday this year; second by Mr. Baker.  Vote was unanimous.

 

11.            Consideration of approval of requested changes in Lease-Purchase Equipment List. 

 

Mr. Dawkins moved to approve the amended equipment list; second by Mr. Livingston.  Vote was unanimous.  

 

12.       Requests by Councilmen.

 

No requests.

 

13.       Public Comments.

 

Moved to 2(a).

 

14.       Vote for Executive Session, When Necessary.

 

Mr. Dawkins moved to go into Executive Session to discuss the following items: 

a.         contractual matter relevant to purchasing of old Wal Mart building on Wilson Road.

b.         personnel matter concerning appointment process for Deputy Coroners.

c.         legal updates relevant to the Sheriff’s building on Highway 219 and the landfill in Pomaria.

d.         personnel matter concerning evaluating of County Administrator.

e.         legal advice relevant to a pending claim.

 

Second by Mr. Waldrop. Vote was unanimous.

 

[EXECUTIVE SESSION 7:22 P.M. – 8:35 P.M.]

 

Mr. Waldrop moved to return to open session; second by Mr. Baker.  Vote was unanimous.

 

15.            Executive Session.

a. Discussion of Contractual Matters Relevant to Purchasing of Old Wal Mart Building on Wilson Road.

b. Personnel Matter Concerning Appointment Process for Deputy Coroners.

c. Legal updates on Sheriff’s Building on Highway 219 and Pomaria landfill.

d. Personnel Matter Concerning Evaluating of County Administrator.

e. Legal Matter Concerning a Pending Claim.

 

16.            Necessary Action on Matters Discussed in Executive Session.

 

Mr. Adams read the following statement into the record: 

 

“Drake Capital, the owner of the old Wal Mart facility, has expressed an interest in applying for special tax credits under the South Carolina Retail Facilities Revitalization Act, with the objective of restoring that property to private commercial use.  This has the potential to aid the local economy and enhance for tax purposes what is already valuable real estate.  Newberry County Council agrees that this initiative is one that is sufficiently worthwhile to explore, and that it has the possibility of creating a win-win situation.  While Council maintains its interest in this property as a potential location for county agencies, for the meantime it will subordinate that interest to what could be a better opportunity for the citizens of Newberry County and their private economy.”

 

17.            Comments from County Administrator.

 

No comments.

 

18.            Comments from Council Members.

 

No comments. 

 

19.       Future Meetings.

 

Mr. Waldrop moved that Council meet on December 19th at 3:00 p.m. in Executive Session to discuss the evaluation of the County Administrator and begin its regular meeting at 4:00 p.m. and keep the agenda items at a minimum; second by Mr. Baker.  Voting for the motion:  Councilmen Summer, Waldrop, Dawkins, Baker and Livingston.  Voting against the motion:  Councilman Hawkins.  Councilman Caldwell was absent.  Motion passed by majority vote.

 

 

20.       Vote to Adjourn.

 

Mr. Waldrop moved to adjourn. 

 

21.            Adjournment.

 

There being no further business, Mr. Summer declared the meeting adjourned at 8:40 p.m.

 

 

                                                                        NEWBERRY COUNTY COUNCIL

 

 

                                                                        ________________________________

                                                                        Henry B. Summer, Chairman

 

 

                                                                        ________________________________

                                                                        Susan C. Fellers, Clerk to Council

 

APPROVED:            December 19, 2007