MEMBERS,
OCONEE COUNTY COUNCIL
Mr. Tim O. Hall, III,
District I Mr. Kenneth E. Johns, Jr.,
District II
Mr. Harry R. Hamilton,
District III Mr. Marion E. Lyles,
District IV
Mr. H. Frank Ables, Jr.,
District V
The Oconee County Council met Tuesday, August 21, 2001 at 3:00 PM in Council Chambers, 415 South Pine Street, Walhalla, SC with all Council Members and the County Attorney present.
Press:
Members of the press notified (by mail): Keowee Courier, Westminster News, Anderson Independent, WGOG Radio, WPEK Radio & Daily Journal.
Members of the press present: Dick Mangrum – WGOG & Amanda Rylander.
Call to Order:
The meeting was called to
order by Supervisor-Chair Hughes.
Invocation:
Mr. Hall gave the invocation.
Minutes:
Mr. Hamilton made a motion,
seconded by Mr. Johns that the minutes of the August 7, 2001 meeting be
adopted.
Mr. Hall made a motion,
seconded by Mr. Ables, approved 5 – 0 that the minutes be amended to read that
the field at the airport will be named the Marion E. Lyles Field rather than
the airport being named the Marion E. Lyles Airport.
The minutes, as amended, were
than adopted 5 – 0.
Minutes, Oconee
County Council Meeting August
21, 2001
Resolution
2001-28:
Upon request of Mr. Edward G.
Kluiters of Haynsworth, Sinkler, Boyd, P.A., Mr. Hall made a motion, seconded
by Mr. Hamilton, approved 5 – 0 that Resolution 2001-28, “A RESOLUTION
IDENTIFYING A PROJECT IN ORDER TO SATISFY THE REQUIREMENTS OF SOUTH CAROLINA
FEE IN LIEU OF TAXES LEGISLATION SO AS TO ALLOW INVESTMENT EXPENDITURES SUBJECT
TO A FEE-IN-LIEU OF TAXES AGREEMENT WITH OCONEE COUNTY” be adopted on first and
final reading.
Additional Funding for Mental Health:
Dr. Eula Pate, Anderson-Oconee-Pickens Mental Health addressed Council regarding additional funding in the amount of $15,000. After a brief discussion Mrs. Hughes assigned this request to the Budget & Finance Committee.
Sewer Commission:
Upon recommendation of Mr. Lamar Bailes, Finance Chairman, Sewer Commission, Mr. Johns made a motion, seconded by Mr. Hamilton, approved 5 – 0 that the proposed land exchange between Oconee County and Blue Ridge Orthopedics be adopted. (See attached letter of description)
Further, upon recommendation of Mr. Bailes, Mr. Johns made a motion, seconded by Mr. Hall, approved 5 – 0 that additional legal counsel (under the supervision of the county attorney) be retained for the Sewer Commission. (See attached request)
Law Enforcement Center:
Upon request of Captain Terry Wilson, Mr. Ables made a motion, seconded by Mr. Hamilton, approved 5 – 0 that the bid procedure be waived as per Section B: Formal Bid Process, Subsection 4: When in the Purchasing Agent’s judgment, and with the concurrence of County Council, it is to the advantage of the County’s interest to do so, and Swanson Commissary Services be utilized for inmates. (See attachment)
Sheriff’s Department:
Upon recommendation of Steve Pruitt, Chief Deputy, Mr. Lyles made a motion, seconded by Mr. Hamilton, approved 5 – 0 that the 2001 Local Law Enforcement Block Grant Application be adopted in the amount of $43,146 with a local match of $4,974 which is in the Sheriff’s Department Budget.
Minutes, Oconee County Council Meeting August 21, 2001
Emergency Preparedness:
Upon recommendation of Henry Gordon, Emergency Preparedness Director, Mr. Ables made a motion, seconded by Mr. Lyles, approved 5 – 0 that the attached FY 2002 Hazardous Materials Emergency Planning & Training Grant Application Package be adopted.
Solid Waste:
Upon recommendation of Mrs. Phyllis Lombard, Finance Director, Mr. Ables made a motion, seconded by Mr. Lyles, approved 5 – 0 that the attached FY 2002 Used Oil Grant Agreement in the amount of $25,650 be adopted.
Ordinance 2001-07:
Third & Final Reading of Ordinance 2001-07, “AN ORDINANCE REORGANIZING THE OCONEE COUNTY RURAL FIRE COMMISSION AND REPLACING ORDINANCE 80-8” was delayed until the next Council Meeting.
Water Authority:
Mr. Howard Moore, Planning Commission addressed Council regarding the need for Oconee County to establish a water authority. Mr. Moore informed Council the county can establish a water authority under Act 544, dated May 14, 1955. The purpose of the water authority will be to acquire supplies of fresh water, capable of being used for industrial and domestic purposes, and distribute such water for industrial and domestic use within the service area.
Mr. Moore suggested the membership of the water authority consist of five members – one from Walhalla, one from Westminster, one from Seneca, one north of Southern Railway and one south of Southern Railway and the original members be appointed to staggered terms.
After some discussion, Council asked the County Attorney to review whether federal statutes are being violated in the agreement between Duke Power Company and the State of South Carolina in allowing Greenville to take water from the Savannah River Basin.
After further discussion, Mr. Hall made a motion, seconded by Mr. Ables, approved 5 - 0 that the Planning Commission began looking into this matter immediately and that all the municipalities be involved in this matter.
Minutes, Oconee County Council Meeting August 21, 2001
Rural Fire (Contingency):
Upon recommendation of the Law Enforcement, Safety, Health, Welfare & Services Committee Council voted unanimously to take $26,030 from contingency for the purchase a computer fire program for Rural Fire and fourteen stations. (See attached information)
Rock Crusher:
Upon recommendation of Mr. Tommy Crumpton, Rock Crusher Director & Ms. Marianne Dillard, Procurement Director, Mr. Ables made a motion, seconded by Mr. Lyles, approved 5 – 0 that the bid for scales at the Rock Crusher be awarded to Palmetto Scale Service who was low bid at a cost of $58,142.72. (See attached bid sheet)
Ordinance 2001-08:
Mr. Hamilton made a motion, seconded by Mr. Ables, approved 5 – 0 that Ordinance 2001-08, “AN ORDINANCE TO REGULATE SOLICITATION ON HIGHWAY RIGHT OF WAYS AND MEDIANS” be amended to include that the Sheriff’s Department first issue a warning before issuing a citation to someone violating this ordinance.
Mr. Johns made a motion, seconded by Mr. Hamilton, approved 5 – 0 that Ordinance 2001-08, (titled above) as amended, be adopted on second reading.
Ordinance 2001-10:
Mr. Johns made a motion, seconded by Mr. Ables, approved 5 – 0 that Ordinance 2001-10, “AN ORDINANCE TO CREATE THE OCONEE COUNTY EMERGENCY MANAGEMENT COMMISSION AND REPEAL ORDINANCE 80-9” be adopted on second reading.
Ordinance 2001-11:
Upon recommendation of the Personnel & Intergovernmental Committee, Council unanimously adopted Ordinance 2001-11, “AN ORDINANCE TO AMEND ORDINANCE 97-14, OCONEE COUNTY PERSONNEL POLICIES & PROCEDURES MANUAL” on first reading.
Inadequacies in Ordinances:
Mr. Hamilton informed Council he had received correspondence regarding the inadequacies in the adult club ordinance and requested that the County Attorney address these inadequacies at the next Council Meeting.
Minutes, Oconee County Council Meeting August 21, 2001
Rock Building:
Mr. Hamilton asked that Council be briefed as soon as possible on the pros and cons of keeping the Rock Building in its present location.
Planning Meeting:
Council tentatively scheduled a meeting regarding planning in the county September 21, 2001 at 10:00 AM at the SC Appalachian Council of Governments Building.
Morgan Roadway:
Upon recommendation of the Roads & Transportation Committee, Council voted unanimously to abandon county maintenance on a portion of Morgan Roadway (as per the maps provided the County Attorney by Keowee Townhouses, L.L.C) at the end of the pavement. Cresent Resources owns property along the portion of roadway the county is considering abandoning and will also have to consent to the abandonment. The plan of Keowee Townhouses, L.L.C is to pave this roadway to county specifications with a turnaround and deed it to the county with a sixty-six (66) foot right-of-way.
Library Appointee:
Mr. Ables made a motion, seconded by Mr. Hamilton, approved 5 – 0 that Ms. Linda Garvin be appointed to the Library Board.
Educational Task Force Meeting:
Mr. Hamilton announced there would be a meeting of the Educational Task Force Committee Tuesday, August 28, 2001 at 4:00 PM in Council Chambers.
Speed Barriers for I-85:
Mr. Hamilton made a motion, seconded by Mr. Ables, approved 5 – 0 that the SC Department of Transportation be sent a letter urging the expediting of the placing of guardrails in the medians along I-85 in the upstate.
Minutes, Oconee County Council Meeting August 21, 2001
Commission Appointees:
Mr. Hamilton proposed that Mr. Robert McLellan, Sr. & Mr. Curtis Davis be appointed to the Advanced Leadership Program.
Mr. Johns made a motion, seconded by Mr. Ables, approved 5 – 0 that Mr. Dennis Pearson be appointed to represent District II on the Solid Waste Commission.
Mr. Hall made a motion, seconded by Mr. Lyles, approved 5 – 0 that Mrs. Myrtle Coward be appointed to represent District I on the Zoning Board of Appeals.
Budget & Finance Committee Recommendations:
Upon recommendation of the Budget & Finance Committee, Council voted unanimously to receive full payment amount of federal funds according to PL 106-393 (HR 2389) with fifteen percent (15%) going toward Title III projects.
Also, upon recommendation of the Budget & Finance Committee, Council unanimously voted to accept payment for Delinquent Taxes only by cash, cashier’s check or money order.
Council also adopted the recommendation of the Budget & Finance Committee to take $4,500 from contingency for the fuel truck at the airport.
Pendleton District Workforce Investment Board:
Mr. Hamilton made a motion, seconded by Mr. Johns, approved 5 – 0 that the following persons be appointed to the Pendleton District Workforce Investment Board:
Ms. Marge Putnam, Compact Air
Mr. James Cater, Oconee Nuclear Station
Mr. Mark Wallace, Kendall Company
Mr. Russell Karpick, Square D
ATAX Committee:
Mr. Hamilton made a motion, seconded by Mr. Johns, approved 5 – 0 that Mr. Bentley Jones be appointed to the ATAX Committee.
Minutes, Oconee County Council Meeting August 21, 2001
Educational Task Force:
Mr. Hamilton made a motion, seconded by Mr. Ables, approved 5 – 0 that Dr. Linda Dunlap be appointed to represent Clemson University on the Educational Task Force Committee.
Engelhard Request:
Mr. Hamilton made a motion, seconded by Mr. Johns, approved 5 – 0 that if it is legal, the Zoning Board of Appeals hear the appeal of Engelhard regarding a sewer matter.
Council Meeting:
Mr. Lyles made a motion, seconded by Mr. Ables, approved 5 – 0 that the regularly scheduled Council Meeting to be held September 4, 2001 be rescheduled to September 11, 2001.
EMS Grant:
Upon recommendation of Mrs. Melissa Brown, Budget/Grants Supervisor, Mr. Johns made a motion, seconded by Mr. Lyles, approved 5 – 0 that the attached EMS Grant application in the amount of $26,102 be submitted pending approval Council at the September 11, 2001 meeting.
Commission Resignation:
Mr. Hall made a motion, seconded by Mr. Hamilton, approved 5 – 0 that Mr. Tommy Lombard’s resignation from the Parks & Recreation Commission be adopted.
Executive Session:
Mr. Johns made a motion, seconded by Mr. Ables, approved 5 – 0 that Council go into executive session for the purpose of discussing legal and contractual matters.
Open Session:
When open session resumed, Mr. Johns made a motion, seconded by Mr. Hamilton, approved 5 – 0 that the County Attorney be given the authority to contract for two tracts of land on behalf of the county and $2,000 earnest money for each tract of land be taken from the appropriate department.
Minutes, Oconee County Council Meeting August 21, 2001
Performance Standards Ordinance:
Mr. Hamilton made a motion, seconded by Mr. Johns, approved 5 – 0 that the Performance Standards Ordinance be reviewed to insure that all ordinances included in the Performance Standards Ordinance are stated in the ordinance verbatim.
Communications Tower:
Upon recommendation of Mr. John Murray, Emergency Communications Director & Ms. Marianne Dillard, Procurement Director, Mr. Ables, made a motion, seconded by Mr. Johns, approved 5 – 0 that the performance bond be waived and the bid for the communications tower be awarded to GNR Tower who was low bid at $205,188. (See attached bid sheet)
Public Comment Session:
Mr. B. J. Littleton spoke regarding various county activities and urged Council to purchase an incinerator for the disposal of garbage.
Adjourn:
Adjourn: 6:05 PM
Respectfully Submitted:
_____________________________
Opal O. Green
Council Clerk