NEWBERRY COUNTY COUNCIL

MINUTES

DECEMBER 7, 2005

Newberry County Council met on Wednesday, December 7, 2005, at 7:00 P.M. for a regular Council meeting.

Present were: Mike Hawkins, Chairman

William D. Waldrop, Vice-Chairman

John E. Caldwell, 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

Late arrival: Councilman Henry B. Summer, who represented Newberry County at the Best Deal of the Year Dinner in New York on December 6, 2005, arrived at 8:00 P.M.

Media: Cindy Pitts, Newberry Observer

Heather Hawkins, WKDK

Cassie Fowler, Whitmire News

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

Mr. Hawkins called the meeting to order.

Councilman John E. Caldwell had the invocation followed by the Pledge of Allegiance.

Adoption of Consent Agenda:

Mr. Caldwell moved to adopt the consent agenda; second by Mr. Morris. Vote was unanimous.

Additions, Deletions and Adoption of Agenda:

The following additions were made to the agenda:

1. Update on right-of-way of Pineland Road and acceptance of paved roads in Summerset Road area to include Waters Edge and Harrington Drive among others (Agenda Item .5)

2. Mr. Caldwell to make presentation to Chairman (Agenda Item .3)

3. Presentation to Council by Mr. Sossamon (Agenda Item .4)

4. Corporate Resolution for J.F. Hawkins (Agenda Item 8.1)

5. Consideration of entering into lease for copier for J.F. Hawkins/Springfield Place (Agenda Item 8.2)

6. Under Executive Session add, a legal/economic development matter relative to the potential acquisition of real property (Agenda Item 10) and a second legal/economic development relative to fees under Executive Session (Agenda Item 11)

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

Mr. Hawkins read the following letter of appreciation into the record:

“The officers and members of the Bethlehem Baptist Church extend our sincere appreciation to Tommy Hedgepath and the members of the Rural Fire Department for the great assistance given us after the flooding of our church basement. Their unlimited and sacrificial service enabled us to continue in worship.

We commend all of you and beseech God’s blessings for you as you continue in service.

Very truly yours,

James A. Williams, Pastor

Cato Coleman, Chair of Deacons”

. 3 Presentation by Mr. Caldwell:

Mr. Caldwell presented the members of the NACo Board to Mr. Hawkins, along with their pictures and addresses and requested that he pay special attention to page 5.

.4 Presentation by Mr. Sossamon:

Mr. Sossamon reported that Newberry County was recognized for honorable mention by The Bond Buyer, a sister publication for public finance to The Wall Street Journal, for the innovative and creative refinancing of the bonds for J.F. Hawkins/Springfield Place. In the Southeastern region Newberry County was second to Louisiana’s Transit Authority’s project, which means we were not worse than ten and maybe as good as sixth. He and Henry Summer went yesterday and attended the awards ceremony last night in New York City. Refinance bonds for JFH/SP.

Mr. Sossamon thanked County Council, Gary Pope, Nancy Owen, Judy Floyd, Debbie Cromer and Susan Fellers for their work on this project.

Mr. Hawkins also thanked the staff for a job well done.

.5 Update on Pineland Road and Summerset Roads.

Mr. Pope reported that he and Mr. Whitehead had met several times on Pineland Road to review information and try to move forward. The right of way offered by Blue Sky has a couple of objections, which we are attempting to work out. We are trying to do this without condemnation, but if we have to do condemnation, we will. There are two properties we believe hopefully will be deeded to us, and the third one we may have to pay money or do the condemnation. We have the plats and surveys needed to go forward. We are making progress.

As far as acceptance of the road in the subdivision, Mr. Pope has talked with the attorney who is preparing the deeds. Mr. Pope will follow up with him to find out if he is doing that. With regard to Summerset Point Road, Mr. Pope was not able to determine in his research who actually owned the road because the lots in the subdivision are deeded to the center of the right of way. If the developer will tell us they have the right under a development agreement or homeowner’s agreement or whatever, Mr. Pope felt the county would accept it. Mr. Pope has asked that they research that and put it into the deed and give it to us. Sometimes it is difficult to determine who is responsible for what up there. Mr. Whitehead and Mr. Pope are working to resolve this.

Mr. Waldrop understood that Summerset Point entrance was bought at the delinquent tax sale this year because the taxes had not been paid on the road.

Wendy Wise, Delinquent Tax Collector, indicated this was Tax Map 4-16, which was in the name of Westside Land and Timber. The deed indicated it was what was left of approximately 150 acres. According to the information on the tax sale worksheet, the remainder was approximately 2 acres in the road. Tax Map 12-1 was cut out of Tax Map 4-16. There were no other bids. The Forfeited Land Commission did not even bid on it because it was a possible septic area for that particular area. We could not determine precisely which property this was. We do have a .79 of an acre area listed as 4-16, but we don’t know if it includes the road. It will take a lot of research going through all the out conveyances for that particular property to determine if that road was in fact passed to the new bidder.

Mr. Waldrop asked how you could buy a public road.

Mr. Pope advised what was bought was subject to the easement. The homeowners’ easements still have the right to go over that road. Somebody has to own the underlying property. If developers don’t clean it up by deeding it to the county, we get into this situation, and they walk away from the problem. If it is assessed for property taxes, the Delinquent Tax Collector by law has to sell it. The easement of the homeowners to use the road is not affected by this because they have a right to use the road.

Harry Grieser stated they were talking about Summerset Point Road, which is one development of three. Summerset Point Road is a cul-de-sac approximately .10 mile. When the County accepted the roads, they accepted three phases but they weren’t named specifically. He advised that Mr. Pope said because Summerset Point Road was not named specifically in the minutes, that it was not accepted into the county system.

Mr. Whitehead advised that it had not been accepted into the county system.

Mr. Pope explained that at the time County Council took action the plat for Summerset Point had not even been recorded so it didn’t exist on the public records until after County Council took action.

Public Comments:

Howard Thomes, representing the Waters Edge development, said Council was talking about the same things tonight as they had in June and September at the road meetings, and there is still no plan to get things done. It was agreed to property value the right of way on Pineland Road and send letters offering to pay for the right of way, and if the owners did not accept offer, the County would proceed with condemnation proceedings.

Mr. Thomes also asked for an explanation of the agreement Newberry County has entered into with Greenwood County concerning an industrial park.

Mr. Pope advised the intent of the agreement is to pay for infrastructure improvements in the Lake Greenwood area without raising taxes. It is a way of getting people in that area to pay for infrastructure that specifically benefits them. It is not a special tax district.

1. An Ordinance establishing mobile home regulations and licensing requirements in Newberry County.

Mr. Pope advised numerous changes have been made to this ordinance since second reading and recommended that Council postpone third reading until the December 14 meeting in order that Council might have time to review the changes.

The moving fee has been reduced to $50. There is a building inspection fee of $50, and it sets forth exactly what the Building Inspector is to do, which is basically to inspect the set up of the mobile home and make sure it is hooked up to water, sewer, and tied down properly. It provides for some time limits.

Mr. Morris moved to postpone third reading until the December 14 meeting; second by Mr. Waldrop. Vote was unanimous.

2. An Ordinance repealing Ordinance No. 15, as amended, relating to the regulation of construction of septic tanks.

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

3. An Ordinance authorizing the issuance and sale of Newberry County, South Carolina Special Source Revenue Bonds (Industrial Park Project) in one or more series, in an amount not exceeding $9,000,000; the mortgaging of property of Newberry County secure the same; the issuance of one or more notes in anticipation of such bonds; the application of the proceeds of said bonds or notes to defray the costs of the acquisition of certain Industrial Park property and improvements in Newberry County; and other matters relating thereto.

Mr. Hawkins called for the public hearing.

Mr. Pope advised that all details would be worked out by third reading and discussion may be premature at this time.

Howard Thomes asked for more information about the ordinance.

Mr. Pope explained the general purpose was to acquire land for an industrial park and use existing industrial property to pay for it. We don’t have the figures yet. The general idea is to use sources of our existing industrial base income to help finance the acquisition of land. The idea is that once this industrial park is in place it will become self-sufficient. The county needs more industrial park area.

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

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

Mr. Waldrop expressed concern about the amount of money to be put up for an option, and he could not support this.

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

4. Emergency Services Committee.

John David Dawkins, Chairman of the Emergency Services Committee, reported the following:

The Emergency Services Committee met on Tuesday, November 29, 2005, at 6:00 p.m. in the Conference Room at the Courthouse Annex. Present were: John David Dawkins, Chairman; Andy Morris and Edgar Baker, Committee Members; Leonard B. Sossamon, Jr., County Administrator; Lewis Lee, Emergency Services Coordinator; Mark Bowers and Andy Ackerman, Prosperity Fire Department; Dave Waldrop, Jr. and John Pollard, Silverstreet Fire Department; Curtis Wicker and Mike Willard, Newberry Rescue Squad.

We met with Joe Prothro, DSP Architectural Firm, to look at the four One Cent Sales Tax projects, and to try to move forward with getting these projects underway and the buildings constructed.

During discussions, Mr. Andy Morris made a motion to have the architectural firm of DSP continue to work with the Prosperity, Silverstreet and Consolidated Fire Departments to come up with a core design and a bay design for fire stations that could serve as a prototype design for the current fire stations under consideration and for all future fire stations to be developed by Newberry County and to do so and report back within the next thirty days. The motion was seconded by Mr. Edgar Baker and passed unanimously.

Mr. Morris made a motion to have County Council decide what would happen with the Newberry Rescue Squad and Newberry Haz-Mat Team and the Friendly Volunteer Fire Department relative to their eventual disposition/re-location before proceeding with DSP designing a new Newberry Rescue Squad facility. The idea and theory behind this is that County Council needs to decide whether or not to combine these three emergency services into one new building or just proceed with building the Newberry Rescue Squad with their One Cent Sales Tax money or possibly just including Haz-Mat. The motion was seconded by Edgar Baker and passed unanimously.

The idea from Haz-Mat, Newberry Rescue Squad and Friendly Fire Department is no one is against a new building combining all three services into one building. The biggest thing is where it would be located. Friendly has concern about moving out of downtown Newberry. Newberry Rescue Squad has concern because most of their calls are toward the Interstate. Lewis Lee is looking into the road mileage. We could not move Friendly Fire Department out of the 5 mile road radius because you would mess up everybody’s ISO rating. In the near future, Lewis Lee, Emergency Services Coordinator, will make a recommendation to Council.

Mr. Dawkins moved to have the architectural firm, DSP, to continue work with Prosperity, Silverstreet and Consolidated Fire Departments and come up with a core design and a bay design for fire stations that could serve as a prototype design for the current fire stations under consideration and for all future fire stations to be developed by Newberry County and to do so and report back within thirty days; second by Mr. Morris.

Mr. Caldwell asked how this affected the demise of Friendly. Mr. Morris advised that it wouldn’t affect the demise of Friendly at all. Tommy Hedgepath advises they have acreage where they are currently located, which should be enough space, but Lewis Lee has been charged to look at that as well as other alternative locations taking into consideration the 5 mile radius. Mr. Lee is then to come back with a recommendation to Council as to the feasibility of combining Haz-Mat, Rescue Squad and Friendly in one common building and then a recommendation on a location to do that if that is the recommendation.

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

Mr. Dawkins moved that Newberry County Council decide what would happen with Newberry Rescue Squad, Newberry Haz-Mat, and the Friendly Fire Department relative to their eventual disposition or relocation before proceeding with DSP designing a new Newberry Rescue Squad; second by Mr. Morris.

Mr. Baker stated he could not vote until we get something going with the Emergency Board with Lewis Lee advising. We can’t make a decision for rescue, fire and Haz-Mat until somebody with the emergency group makes a recommendation.

Mr. Caldwell asked if Mr. Hedgepath would like to add something to this.

Mr. Hawkins asked if there would be a motion to accept this report as information before doing that. Hearing no motion, Mr. Hawkins asked Mr. Hedgepath to come forward.

Tommy Hedgepath, Chief of Friendly Fire Department, expressed concern about a moving affecting the 5 mile radius for certain areas, which in turn would affect the ISO rating for those citizens. He advised there were approximately 6 acres of land at the current Friendly Fire Department location, and they would be glad to have the other two departments next to them on that site.

Mr. Morris stated that Lewis Lee had been asked to work with these three entities and find a location that meets all their needs.

Mr. Hawkins asked if the motion was to not build Newberry Rescue Squad until we get this information. Mr. Dawkins confirmed that was correct.

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

5. Other Committee Reports.

There were no other committee reports.

6. Appointments.

No appointments.

7. Acceptance of bid for Newberry County Industrial Park Roadway Extension.

[COUNCILMAN SUMMER ARRIVED AT 8:00 P.M.]

Mr. Sossamon recommended acceptance of the low bid from Satterfield Construction Company in the amount of $124,302.

Mr. Caldwell moved to accept the low bid; second by Mr. Morris.

Mr. Morris asked the time line for completion.

John Culbreath, B.P. Barber & Associates, advised it would be 45 days. The road will be 500 feet long and 35 feet wide with a cul-de-sac at the end. It is an extension of Confalonieri Drive. Guardrails will be put up so nobody goes over the edge. It will also be a heavy pavement section.

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

8. Susie Berry, Assessor.

Ms. Berry is on medical leave, and in her absence, Georgia Attaway, Deputy Assessor, reported that Bob Beard had been hired as the GIS Technician, and has been busy working on the GIS data.

8.1 J.F. Hawkins Corporate Resolution.

Mr. Baker moved to adopt the Corporate Resolution; second by Mr. Morris. Vote was unanimous.

8.2 J.F. Hawkins/Springfield Place – lease/purchase of copier.

Mr. Baker moved to authorize the execution of the agreement; second by Mr. Morris.

Mr. Pope advised this agreement was subject to a non appropriation clause and has to have certification that the person who signs it has the legal authority to do so. There is also a proposed indemnity clause, which we have recommended be removed, and we are still haggling over that. This would be the best way to do it for the same amount of money.

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

Executive Session:

9. Legal/Personnel – Magistrate’s Court

10. Legal/Economic Development matter relating to the potential acquisition of real property

11. Legal matter concerning economic development fees.

Mr. Baker moved to go into executive session to discuss a legal/personnel matter involving Magistrate’s Court; a legal/economic development matter relating to the potential acquisition of real property; and a legal matter concerning economic development fees; second by Mr. Morris. Vote was unanimous.

[EXECUTIVE SESSION 8:06 P.M. – 9:17 P.M.]

Mr. Morris moved to return to regular session; second by Mr. Baker. Vote was unanimous.

Mr. Hawkins advised there was nothing to report from Executive Session.

Future Meetings:

Mr. Hawkins reminded Council of the work session on Wednesday, December 14, from 1:00 p.m. to 5:00 p.m., and the regular session at 5:00 p.m. on that date.

Comments from County Administrator:

No comments.

Comments from County Council:

Mr. Caldwell attended the Board of Directors meeting in California at which they discussed NACo’s endorsement of the authorization of minority and women to vote; a Bill that could be passed allowing immigrants who come into our country to work for wages below the minimum; and that 95% of all Methamphetamines comes into this country from New Mexico.

Mr. Hawkins attended the SCAC Legislative Conference last week in Charleston.

Mr. Hawkins also reported that County Council will meet with the Legislative Delegation during the work session on Wednesday, December 14, at 2:00 p.m. to discuss property tax relief. Our great feat is that they will try to get the people to pass a constitutional amendment, which could take 50 years to undo.

Mr. Caldwell said that members of the NACo Board of Directors on the East coast discussed establishing a possible eastern region in order to have more input into NACo matters.

Mr. Summer requested that in trying to change property taxes that the homestead exemption be increased to help out the senior citizens.

Mr. Summer stated he did not realize the significance of our award in New York until we went to the presentation. There were only 10 awards out of all the bond refinancing and financing in the country last year, and Newberry County was one of the 10. This is the first time anybody in either North or South Carolina has won this award. He thanked Mr. Sossamon for his hard work.

Mr. Caldwell showed a picture of the new NACo Building to be located on Madison Avenue.

There being no further business, Mr. Morris moved to adjourn; second by Mr. Baker. Vote was unanimous.

Meeting adjourned at 9:26 p.m.

NEWBERRY COUNTY COUNCIL

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Mike Hawkins, Chairman

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Susan C. Fellers, Clerk to Council