NEWBERRY COUNTY
COUNCIL
MINUTES
DECEMBER 20, 2006
Newberry County Council met on Wednesday, December 20, 2006, at 7:00 p.m. at the Newberry Opera House, 1201 McKibben 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: 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. Morris had the invocation followed by the Pledge of Allegiance.
3. Additions, deletions and adoption of agenda.
Mr. Summer requested permission to read a statement prior to agenda item #4.
Mr. Hawkins advised that agenda items 18 and 19 should be deleted.
There being no further additions or deletions to the agenda, Mr. Summer moved to adopt the agenda as amended; second by Mr. Baker. Vote was unanimous.
Mr. Summer read the following statement:
We are gathered here in this historic place tonight as a community. Together we have weathered the storm of revolution and the War Between the States. Together we have _____ our father in two World Wars, Korea and Vietnam. We pray for the safe return of those in the Middle East. We educate our children in the finest schools and celebrate the birth of our Savior in the same churches; cheer alongside each other at high school and college ball games. Together we have worked to support our families and build a community. During our discussions here tonight, let us remember the proud history we share. Let us be respectful of one another. Let us conduct ourselves as responsible _______ adults, who respect one another and ourselves. Let the people we would be in the presence of our most kindly minister, our most beloved teacher, our most impressionable children. They are watching, you know.
4. Ordinance #11-47-06: An Ordinance to require that certain
information be provided with deeds to certain types of real property in
Newberry County as to the availability of existing public or community
wastewater treatment facilities or the ability of the property to support an
individual sewage disposal and treatment system, and to provide remedied for
the violation thereof.
Mr. Hawkins called for the public hearing. Speaking against the ordinance was Jackie Bowers, Clerk of Court, and Henry Bufkin, attorney.
Ted Waites spoke in favor of the ordinance.
Mr. Summer read a letter in opposition to the ordinance from Bubba Griffith, attorney, who could not be present at tonight’s meeting.
There being no further comments from the public, Mr. Hawkins declared the public hearing closed.
Mr. Morris moved for third reading; second by Mr. Waldrop. Voting for the motion: Councilmen Morris and Baker. Voting against the motion: Councilmen Dawkins, Summer, Caldwell, Waldrop and Hawkins. Motion failed.
5. Ordinance #12-51-06: An Ordinance to rescind Ordinance #07-23-06
and to direct the Assessor, Auditor and Treasurer to issue tax notices based on
the previously assessed values for real estate.
Mr. Hawkins opened the floor for public comments. The following persons spoke: Mike Bedenbaugh, John Chapman, Nancy Dickert, Mike Davenport, Lillie Hunter, Ken Skodacek, Bill Atkinson, Kathy Culp, Joe Moore, John Panhorst, Don Paczynski, Steve Roberts, Charles Simmons, Azalee Tucker, Ronnie Hydrick, Reba Lester, Kimberly Brown, Larry Koon, Boyd Parr, Louis Neiger, Kenneth Brooks, Ruth Beevers, Robert Deering, Robert Sadowski, Jim Salter, Kathy Price, and John Epting.
There being no further comments from the public, Mr. Hawkins closed the public comments.
Mr. Dawkins moved for second reading; second by Mr. Hawkins.
After discussion, Mr. Dawkins requested a voice vote starting with the Chairman. Mr. Hawkins called for a vote of Council on the roll call vote: Voting for a roll call vote: Councilmen Hawkins and Dawkins. Voting against a roll call vote: Councilmen Waldrop, Caldwell, Summer, Morris and Baker. Request for a roll call vote failed.
Mr. Hawkins called for the question on the motion for second reading. Voting for the motion: Councilmen Hawkins and Dawkins. Voting against the motion: Councilmen Waldrop, Caldwell, Summer, Morris and Baker. Motion failed.
6. General public comments.
No comments.
7. Ordinance #11-46-06: An Ordinance authorizing the transfer of a
fee in lieu of tax arrangement between Newberry County, South Carolina and F.G.
Wilson (USA) LLC under Title 4, Chapter 12 of the Code of Laws of South
Carolina (1976), as amended, to an arrangement under Title 12, Chapter 44 of
the Code of Laws of South Carolina (1976), as amended; authorizing the
inclusion of an expansion in the Fee Agreement under the terms of the original Lease
Agreement; authorizing the issuance of a special source infrastructure credit;
and other matters related thereto.
Mr. Summer moved for third reading; second by Mr. Waldrop. Vote was unanimous.
8. Ordinance #12-50-06: An Ordinance to amend the text of the
Newberry County Zoning Ordinance #12-24-01 so as to amend the conditional use
regulations of the R-2, RS-3, RS-4 and RG Zoning Districts so as to specify the
type of skirting to be used to cover the underpinning of manufactured homes.
Mr. Morris moved for third reading; second by Mr. Baker.
Under discussion, Mr. Dawkins stated the International Building Codes allowed for lattice work, and didn’t feel the County should put more restrictions on a mobile home than a stick built home.
There being no further discussion, Mr. Hawkins called for the question. Voting for the motion: Councilmen Morris and Baker. Voting against the motion: Councilmen Hawkins, Waldrop, Caldwell, Summer and Dawkins. Motion failed.
9. Ordinance #12-48-06: Ordinance approving suspension of blue laws
prohibiting certain sales on Sundays during the annual holiday season.
Mr. Waldrop moved for second reading; second by Mr. Dawkins. Voting for the motion: Councilmen Baker, Hawkins and Dawkins. Voting against the motion: Councilmen Waldrop, Caldwell, Summer and Morris. Motion failed.
10. Ordinance #12-49-06: An Ordinance authorizing the transfer of all
right, title and interest in, and all rights and obligations under, the
Inducement Agreement and the Lease Agreement between Newberry County, as
Lessor, and Trucast, Inc., as Lessee, authorizing among other matters, the
payment of a fee in lieu of tax to Newberry County.
Mr. Dawkins moved for second reading; second by Mr. Baker. Vote was unanimous.
11. 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. Waldrop moved for second reading; second by Mr. Summer. Voting for the motion: Councilmen Waldrop, Caldwell, Summer, Morris and Baker. Voting against the motion: Councilmen Hawkins and Dawkins. Motion passed by majority vote.
12. Ordinance #12-53-06: 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 approximately equal installments, with one
payment being due on or before January 16, 2006 and the second payment being
due on or before March 16, 2006.
Mr. Waldrop moved for second reading; second by Mr. Caldwell.
Mr. Morris asked for a legal opinion from Mr. Pope as to whether this ordinance is in violation of State law and if it is, what are the consequences of the County implementing it.
Mr. Pope advised his opinion was it was not a violation of State law. It is based on the assessment that will be implemented and the levy that the Council has raised. It is basically giving taxpayer relief. If the taxes are not paid before the final payment date, the normal statutory penalties will go into effect and normal procedures will be followed. It is within the purview of Council to give this type of relief this year.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
13. Ordinance #12-54-06: An Ordinance to amend the Budget Ordinance
for the fiscal year 2006-2007, Ordinance #06-16-06, so as to incorporate
supplemental revenues and appropriations into the budget for the current fiscal
year, and to make mid-year adjustments in the spending required for county
operations, and to approve the administrative transfer of certain funds, and to
request that the Auditor make certain calculations and recommendations.
Mr. Dawkins moved for second reading; second by Mr. Waldrop. Vote was unanimous.
14. Ordinance #12-55-06: An Ordinance to amend the Budget Ordinance
for the fiscal year 2006-2007, Ordinance #06-16-06, so as to provide for
supplemental revenues and appropriations to fund an additional homestead
exemption for those taxpayers who are qualified for state homestead exemption,
so as to increase the effective homestead exemption for these qualified
taxpayers to the first $75,000 of fair market value of the qualified
residential property of such taxpayers for county ordinary tax purposes, with
the county paying the additional cost of funding this additional relief on the
$25,000 in fair market value over and above the first $50,000 in fair market
value that is subject to the State’s homestead exemption and to adjust the
budget accordingly, and to provide for the cost of additional software, office
supplies and labor required to implement this form of tax relief and related
matters.
Mr. Waldrop moved for second reading; second by Mr. Baker.
Mr. Waldrop felt this would put an undue amount of stress on the budget. Mr. Adams stated the impact of this would be approximately $500,000, which would have to be cut in other parts of the budget.
Mr. Morris asked for Mr. Pope’s legal opinion. Mr. Pope advised the County has the ability to give this kind of homestead exemption. It is legal under State law. The only question is finding the $500,000 to fund it.
This would apply to County operational only.
There being no further discussion, Mr. Hawkins called for the question. Vote was unanimous.
15. Ordinance #12-56-06: An Ordinance imposing a local option sales
and use tax, subject to approval by referendum by the qualified electors of
Newberry County in November 2007, to provide a credit against county imposed
property taxes, with said sales and use tax to be imposed and collected within
Newberry County starting on July 1, 2008 at a rate of up to the maximum amount
of 1 per cent per dollar, but at such rate as actually determined by the Office
of Research and Statistics, and providing for related matters, pursuant to
Chapter 10 of Title 4 of the 1976 S.C. Code of Laws, as amended, and as
authorized by 2006 Act No. 388.
Mr. Dawkins moved for second reading; second by Mr. Waldrop. Vote was unanimous.
16. Committee Reports.
No reports.
17. Appointments.
Mr. Waldrop nominated Charles Senn for reappointment to the Board of Zoning Appeals.
There being no further nominations for appointment, Mr. Morris moved to accept the nomination; second by Mr. Summer. Vote was unanimous.
18. Consideration of acceptance of bids for ground water
testing.
Deleted from agenda.
19. Consideration of approval of
Agreement for Engineering Services between the County and TRC Engineers, Inc.
for Pugh Road Bridge.
Deleted from agenda.
20. Executive Session (if needed).
No executive session.
21. Future meetings.
Mr. Waldrop moved that the meeting of December 27, 2006 be held in County Council Chambers; second by Mr. Baker. Voting for the motion: Councilmen Hawkins, Waldrop, Caldwell, Summer, Morris and Baker. Voting against the motion: Councilman Dawkins. Motion passed by majority vote.
There being no further business, Mr. Waldrop moved to adjourn; second by Mr. Morris. Vote was unanimous.
Meeting adjourned at 9:30 p.m.
NEWBERRY COUNTY COUNCIL
____________________________________
Mike Hawkins, Chairman
____________________________________
Susan C. Fellers, Clerk to Council
APPROVED: FEBRUARY 7, 2007