NEWBERRY COUNTY COUNCIL

MINUTES

DECEMBER 18, 2006

 

 

Newberry County Council met on Monday, December 18, 2006, at 2:00 p.m. in Council Chambers at the Courthouse Annex, 1309 College Street, Newberry, SC for a work session.            

 

Present were:                Mike Hawkins, Chairman

                                    William D. Waldrop, Vice-Chairman

                                    John E. Caldwell, Councilman  (arrived at 2:30 p.m.)

                                    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:                          Heather Hawkins, WKDK

                                    Cindy Pitts, Newberry Observer

                                    Glenn Hamm, II, Dutch Fork Chronicle

                                   

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 had the invocation followed by the Pledge of Allegiance.

 

Adoption of Agenda.

 

The following amendments to the agenda were requested:

Ø      Consider granting Friday, December 22, 2006, a holiday for County employees.  (Agenda Item 2.1)

Ø      Invitation to visit the Sheriff’s Office on Highway 219.  (Agenda Item 2.2)

Ø      Under Agenda Item #7, add an Executive Session to discuss the location of the December 20, 2006 meeting with the Sheriff.

 

There being no further additions or deletions to the agenda, Mr. Dawkins moved to adopt the agenda as amended; second by Mr. Waldrop.  Vote was unanimous.  (Councilman Caldwell absent.)

 

 

 

 

2.1            Consideration of granting Friday, December 22, 2006, a holiday for County employees.

 

Mr. Summer moved to give County employees Friday, December 22, 2006, as a holiday; second by Mr. Waldrop.  Voting for the motion:  Councilmen Waldrop, Summer, Morris and Baker.  Voting against the motion:  Councilmen Hawkins and Dawkins.  Motion passed by majority vote.  (Councilman Caldwell absent.)

 

 2.2            Invitation to visit Sheriff’s Office on Highway 219.

 

Mr. Summer moved to take a break at 4:00 p.m. and visit the building on Highway 219; second by Mr. Morris. 

 

Mr. Dawkins felt it would be best to not fix the time at 4:00 p.m. but to go after the work session.

 

Mr. Summer amended his motion to visit the building after the Executive Session.  Voting for the motion, as amended:  Councilman Hawkins, Waldrop, Summer, Dawkins and Morris.  Councilman Baker abstained.  Motion passed by majority vote.  (Councilman Caldwell absent.) 

 

Mr. Baker and the County Attorney will not attend the tour.

 

3.            Discussion of reassessment, the collection of current year property taxes, and cash flow for taxing entities.

 

The following persons participation in discussions regarding reassessment and property taxes:  Alan Gardner, Nancy Owen (County Auditor), Greg Mack (Newberry County School District), Wendy Wise (Delinquent Tax Collector), Representative Walt McLeod, Thad Mayes, Bill Enos, Judy Floyd (County Treasurer), Eric Budds (Manager, City of Newberry), Ronnie Hydrick and Mike Bedenbaugh.

 

Council discussed the following long term and short term ideas:

 

SHORT TERM

LONG TERM

Cut fat from budget

Additional one cents sales tax

Pay plan – taxes

1999-2004 – 21% increase in budget

Sales tax projects proceed without supplementation from County

Department of Revenue

Freeze capital projects

 

School District cuts

 

Additional Homestead exemption for seniors on County operating portion of taxes

 

Sell J.F. Hawkins/Springfield Place

 

 

SHORT TERM

LONG TERM

Sell commercial property on I-26 and Highway 34

 

Sell timber on all county property including Lynch’s Woods

 

Sell Newberry County Memorial Hospital

 

 

Mr. Pope advised that State law does not provide for an installment payment plan.  Newberry County would have to go out on a limb to do this.  The issue of funding the budget would be a problem and there would be a possibility that the County and the School District would run out of money to operate.  A lot of issues have to be balanced, and it has to be legal. 

 

4.            Ordinance #12-52-06:  An Ordinance making provision for tax anticipation borrowing by Newberry County, South Carolina, in the principal amount of not exceeding $10,000,000 in anticipation of the collection of ad valorem taxes for the fiscal year beginning the first day of July, 2006 and ending the 30th day of June, 2007; to prescribe the terms and conditions of such borrowing and the form of Note to be executed evidencing the same, to make provision for the payment thereof, to extend the maturity date of the $3,000,000 Tax Anticipation Note of 2006 of Newberry County, South Carolina; and other matters relating thereto.

 

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

 

5.            Ordinance #12-52-06:  An Ordinance to provide tax relief to the taxpayers of Newberry County for the 2006 tax year, so as to allow taxpayers to apply to pay their taxes in two installments, with one payment being based on the rollback millage, and the second being based on the additional millage required to fund the approved budgets for the taxing entities, including any adjustments thereto, but in no event shall the total county millage exceed the millage set forth on the bills issued by the County Treasurer, and providing an early payment discount.

 

Mr. Summer moved for first reading of the ordinance but delete paragraph (g), which addresses discounts; second by Mr. Waldrop. 

 

Mr. Morris moved to delete section (d) in its entirety; second by Mr. Baker.   Voting for the motion to delete section (d):  Councilmen Hawkins, Waldrop, Caldwell, Summer, Morris and Baker.  Voting against the motion:  Councilman Dawkins.  Motion passed by majority vote.

 

Mr. Summer recommended that Mr. Pope and Ms. Owen get together to work out the details. 

 

Mr. Hawkins called for the question of first reading, as amended [deleting paragraphs (g) and (d)].  Voting for the motion:  Councilmen Waldrop, Caldwell, Summer, Morris and Baker.  Voting against the motion:  Councilmen Hawkins and Dawkins.  Motion passed by majority vote. 

 

Mr. Morris moved that Mr. Adams pass the spreadsheet on to the press and radio; second by Mr. Waldrop.  Vote was unanimous.

 

Mr. Dawkins moved for first reading by title only on an ordinance adjusting expenditures and revenues on the 2006-2007 fiscal year budget; second by Mr. Baker.  Voting for the motion:  Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker.  Voting against the motion:  Councilman Caldwell.  Motion passed by majority vote.

 

Mr. Dawkins moved for first reading by title only on an ordinance that all additional revenues to fund the one cents capital projects that bids have not been granted that there be no additional funding; also, that would include the Sheriff’s Office and Animal Control; second by Mr. Hawkins. 

 

Mr. Hawkins clarified that any project that got money from the penny sales tax can proceed but there would be no supplemental funds from the county. 

 

Mr. Morris felt it was ironic that all of Mr. Dawkins’ projects are finished or under contract, and they all had additional money added to them.  Now he doesn’t want to take care of the rest of them. 

 

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

 

Mr. Waldrop moved to give first reading by title only to an ordinance for an additional $25,000 homestead exemption; second by Mr. Dawkins.  Vote was unanimous. 

 

Mr. Waldrop moved to go forward with selling county property on Highway 773.  No second.  Motion died for lack of a second.

 

Mr. Summer recommended a work session on selling of county owned properties.

 

Mr. Dawkins moved to give first reading by title only of an ordinance to start the process of a one cents sales tax to be used toward county operating property tax relief; second by Mr. Waldrop.  Vote was unanimous.

 

Mr. Dawkins moved for first reading by title only of an ordinance to allow payment of taxes ahead of time; second by Mr. Waldrop. 

 

Mr. Pope advised State law requires that anybody that wants to do this has to notify the County Treasurer in writing no later than January 15 of the tax year in which they want to make the payments. 

 

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

 

6.            Establishment of ground rules for December 20, 2006 County Council meeting.

 

Follow the normal rule of 3 minutes per person.

Council should limit making comments until discussions are over.

Limit one trip to the microphone.

 

7.         Other matters.

 

Cindy Pitts with The Newberry Observer objected to Council going into Executive Session to discuss the location of the December 20th meeting.  Mr. Hawkins noted her objection but advised Council would discuss how security would be handled because the location had already been determined.   

 

Mr. Baker moved to go into Executive Session to discuss security issues for the December 20th Council meeting; second by Mr. Summer.  Voting for the motion:  Councilmen Hawkins, Waldrop, Summer, Dawkins, Morris and Baker.  Voting against the motion:  Councilman Caldwell.  Motion passed by majority vote.

 

[EXECUTIVE SESSION 6:50 P.M. – 7:55 P.M.]

 

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

 

[Councilman Baker left]

 

Mr. Adams reviewed a list of items increasing the millage:  (1) deficiency of preceding year, (2) catastrophic event outside of the control of the governing body, (3) complying with Court Order or Decree, (4) taxpayer closure due to circumstances outside the control of the governing body that decreases by 10% or more the amount of revenue payable to the taxing jurisdiction, (5) compliance with regulations promulgated or statute enacted by the Federal or State government.

 

Mr. Summer moved to adjourn; second by Mr. Dawkins.  Vote was unanimous.  (Councilman Baker absent).

 

 

 

 

 

 

Meeting adjourned at 8:10 p.m.

 

NEWBERRY COUNTY COUNCIL

 

 

                                                                        ____________________________________

                                                                        Mike Hawkins, Chairman

 

 

                                                                        ____________________________________

                                                                        Susan C. Fellers, Clerk to Council

 

APPROVED:   FEBRUARY 7, 2007