PUBLIC HEARING AND REGULAR MEETING DARLINGTON COUNTY COUNCIL DARLINGTON, SC January 5, 2016 A public hearing and regular meeting of the County Council of Darlington County was held this 5 th day of January 2016, at 6 p.m., at the Darlington County Courthouse Annex/EMS Building, 1625 Harry Byrd Highway, Darlington, South Carolina. NOTICE OF MEETING In compliance with the Freedom of Act, a copy of the agenda, giving the date, time, and place of the meeting was mailed in advance to the local newspapers, persons requesting notification, and posted on the bulletin board at the entrance to the County Administrator s Office. A Notice of Public Hearing for Ordinance Nos. 15-31, 15-32, and 15-33 was published in the Hartsville Messenger and the News and Press on December 16, 2015. COUNCIL MEMBERS PRESENT Chairman Bobby Hudson, Vice Chairman Robbin Brock, Chaplain Dannie Douglas, Jr., Mr. David Coker, Mr. Marvin Le Flowers, Mrs. Wilhelmina P. Johnson, Ms. Mozella Nicholson, and Mr. Robert L. Kilgo, Jr. ALSO PRESENT County Administrator Terence Arrington, County Attorney James C. Cox, Jr., Clerk to Council J. JaNet Bishop, Emergency Preparedness Director Mac McDonald, Chief Deputy Sheriff James Hudson, Tax Collector Mae Helen Burch, Elections/Voter Registration Director Hoyt Campbell, Codes Enforcement Director Randy Evans, Fire Chief Kenny Stratton, Finance Director Sherman Dibble, Assistant Environmental Services Director Paula Newton, Environmental Services Director Renee Howle, Human Resources Manager Ginger Winburn, Roads and Bridges Director Bobby Richardson, Library Director Jimmie Epling, Corrections Director Waddell Coe, Central Communications Director Gary White, and others. REPORTERS PRESENT Ms. Samantha Lyles of the News and Press. PUBLIC HEARINGS Ordinance No. 15-31, An Ordinance To Amend Ordinance No. 15-21 (Darlington County FY15/16 Budget Ordinance) For A Supplemental Appropriation To Receive And Expend $16,000 Received From Darlington County School District To Assist With Auxiliary Costs For Eight School Resource Officers Attorney Cox declared the public hearing open at 6 p.m. to receive comments on Ordinance No. 15-31. There being no comments, the public hearing was closed.
Ordinance No. 15-32, To Provide For The Issuance And Sale Of A Not Exceeding Three Million Five Hundred Thousand Dollar ($3,500,000) General Obligation Bond Of Darlington County, South Carolina, To Prescribe The Purposes For Which The Proceeds Shall Be Expended, To Provide For The Payment Thereof, And Other Matters Relating Thereto (Environmental Services) Attorney Cox declared the public hearing open to receive comments on Ordinance No. 15-32. There being no comments, the public hearing was closed. Ordinance No. 15-33, An Ordinance To Amend The Darlington County Code Of Ordinances, Chapter 18 (Emergency Services), Article II. (Ambulances), Division 2. (Darlington County Ambulance Service District) And Chapter 2 (Administration), Article IV. (Boards, Commissions And Committees), Section 2-204 (Enumeration) To Repeal Sections Regarding The Ambulance Commission And Declare Same To Be Null And Void And Of No Effect Attorney Cox declared the public hearing open to receive comments on Ordinance No. 15-33. Mr. Linwood Epps questioned whether Council would be doing away with other advisory boards/committees since the proposed ordinance would do away with the Ambulance Commission. He expressed his opposition to Council doing away with the Ambulance Commission. REGULAR MEETING Call To Order County Attorney Cox called the meeting to order at 6:06 p.m. Election Of Officers Chairman. County Attorney Cox opened the floor for nominations for Chairman of County Council for 2016. MOTION was made by Ms. Nicholson and seconded by Mr. Douglas to nominate Councilman Bobby Hudson for Chairman of County Council for 2016. MOTION was made by Mr. Douglas and seconded by Ms. Nicholson to close the floor for nominations for Chairman. Councilman Hudson was elected by acclamation. Vice Chairman. County Attorney Cox relinquished the gavel to Chairman Hudson, who then opened the floor for nominations for Vice Chairman of County Council for 2016. MOTION was made by Ms. Nicholson and seconded by Mr. Coker to nominate Councilman Brock for Vice Chairman of County Council for 2016. MOTION was made by Mr. Douglas and seconded by Ms. Nicholson to close the floor for nominations. Mr. Brock was elected by acclamation. Darlington County Council 2 January 5, 2016
Chaplain. Chairman Hudson opened the floor for nominations for Chaplain of County Council for 2016. MOTION was made by Ms. Nicholson and seconded by Mrs. Johnson to nominate Councilman Douglas as Chaplain for County Council for 2016. There being no further nominations, Councilman Mr. Douglas was elected by acclamation. Invocation And Pledge Of Allegiance Mr. Douglas presented the invocation and Ms. Nicholson led the Pledge of Allegiance. Citizens Comments There were no citizens comments. Personal Appearances There were no Personal Appearances. Amendment to the Agenda Bid For Rental of Concrete Crusher & Concrete Pulverizer Mr. Brock requested amendment of the agenda for approval to rent a concrete crusher and concrete pulverizer for the Roads and Bridges Department for $34,606. MOTION was made by Mr. Flowers and seconded by Mrs. Johnson to amend the agenda to consider the bid for the rental equipment for Roads and Bridges. Mr. Arrington reported that the CTC (County Transportation Committee) would provide the funds for the rental of the equipment (concrete crusher and concrete pulverizer). MOTION was made by Mr. Flowers and seconded by Ms. Nicholson to approve the rental of a concrete crusher from Power Screen Mid-Atlantic and a concrete pulverizer from Richardson Service ($34,606). Mr. Kilgo questioned whether there was a relation between Roads and Bridges Director Bobby Richardson and Richardson Service. Mr. Richardson s response was no. Mr. Kilgo also questioned whether Council was in compliance with the new state statute regarding placing items on the agenda less than twenty-four hours prior to the Council meeting. Attorney Cox indicated that Council was in compliance with the new statute and this was not a major change. Consent Agenda Included in the Consent Agenda were the following: ITEMS ACTION A. Darlington County Economic Development Partnership Receive As Winter 2015 Quarterly Newsletter Darlington County Council 3 January 5, 2016
B. Animal Control Report, November 2015 Receive As C. Building Permit Types Report, November 2015 Receive As D. Marlboro/Darlington County Beaver Program Report, Receive As November 2015 E. Historical Commission Minutes, November 1, 2015 Receive As F. Memo From Finance Director Sherman Dibble RE: Budget Receive As Analysis Through 12/21/15 G. Memo From Finance Director Sherman Dibble RE: Hospitality Receive As Tax Collected MOTION was made by Mr. Kilgo and seconded by Mr. Flowers to receive the Consent Agenda items as information. Council and the staff briefly commented about the Budget Analysis (Consent Agenda Item F.). Approval Of Minutes - Work session, December 7, 2015 MOTION was made by Mr. Kilgo and seconded by Mrs. Johnson to approve the minutes of the December 7, 2015 worksession. Approval Of Minutes, December 7, 2015 MOTION was made by Mr. Kilgo and seconded by Mr. Brock to approve the minutes of the December 7, 2015 Public Hearing and Regular Meeting. Approval Of Minutes - Special Meeting, December 14, 2015 MOTION was made by Mr. Kilgo and seconded by Mrs. Johnson to approve the minutes of the December 14, 2015 Special Meeting. Ordinances Ordinance No. 15-30, An Ordinance To Amend Ordinance No. 15-21 (Darlington County FY15/16 Budget Ordinance) For A Supplemental Appropriation To Receive And Expend Unclaimed State Lottery Funds For Darlington County Library System And Establish The Effective Date Of This Ordinance - THIRD READING MOTION was made by Mrs. Johnson and seconded by Mr. Kilgo to approve third reading of Ordinance No. 15-30. Darlington County Council 4 January 5, 2016
Ordinance No. 15-31, An Ordinance To Amend Ordinance No. 15-21 (Darlington County FY15/16 Budget Ordinance) For A Supplemental Appropriation To Receive And Expend $16,000 Received From Darlington County School District To Assist With Auxiliary Costs For Eight School Resource Officers - SECOND READING MOTION was made by Mrs. Johnson and seconded by Ms. Nicholson to approve second reading of Ordinance No. 15-31. Mr. Douglas asked how far this amount of funds would go for eight officers. Chief Deputy Sheriff James Hudson indicated that the funds would be used towards a portion of the officers salary. The county would pay for training, uniforms, etc. Mr. Kilgo added that the School District was providing funds for non-salary costs, which it never provided before. A letter from the School District was included in the agenda package and stated, The Darlington County School District will provide an additional $2,000 per School Resource Officer (one for each location) to help with ancillary costs for each officer. In the case of Darlington County, we will fund eight positions. Ordinance No. 15-32, To Provide For The Issuance And Sale Of A Not Exceeding Three Million Five Hundred Thousand Dollar ($3,500,000) General Obligation Bond Of Darlington County, South Carolina, To Prescribe The Purposes For Which The Proceeds Shall Be Expended, To Provide For The Payment Thereof, And Other Matters Relating Thereto (Environmental Services) - SECOND READING MOTION was made by Mr. Flowers and seconded by Mr. Brock to approve second reading of Ordinance No. 15-32. Mr. Kilgo stated that approval of third reading of the ordinance would have to wait until the plan (Landfill Study/Plan) is completed. Mr. Arrington explained that Council could move forward with third reading of the ordinance. However, the county would not receive bond funds until the study is completed and Council approves a resolution to move forward with the bond. Mr. Kilgo questioned whether the bonds would be sold prior to Council receiving the plan. Mr. Arrington s response was no. In reference to funds to pay for the study, Mr. Arrington stated that in another meeting, he communicated to Council that funds ($40,000) were included in the budget to help complete the study. The study would cost about $80,000 and there was about $40,000 budgeted for capital needs. If Council does not authorize the issuance of the bond until after the study is completed, then the staff would need to find an additional $40,000 to cover the entire cost of the study. Therefore, he recommended that Council come up with the bulk of the cost, get the study in place, move forward with the issuance of the bond, and use bond proceeds to cover the remaining cost of the study. Mr. Arrington stated that until Council adopts the actual study created by Michael Baker, no funds beyond $40,000 would be spent. Mr. Kilgo stated that he would oppose third reading of the Ordinance until Council receives the plan. Darlington County Council 5 January 5, 2016
Mr. Johnson presented opposition to the bond because nothing was being said about what would be done to solve the many problems throughout the county. She questioned the county paying a vendor from outside the county when the county has a Planning Commission. Mr. Arrington explained that such study for the landfill was mandatory regardless of a bond being issued. The State requires such plan to protect the environment as well as the county s mitigation of trash generated in the county. The study would provide a detail analysis of the county s processes and ways to improve them. Mr. Arrington stated that should the county move forward with the $3.5 million bond, the county would receive the bond proceeds and a completed study with recommendations, and would then execute spending the money. At this point, the county would spend $80,000 ($40,000 available and $40,000 from bond proceeds). Once the study is adopted, the county would place something in action. Mr. Arrington recommended getting the study completed and moving from there. However, the bond would be needed to pay for the study. Mrs. Johnson talked about flooding along Crestview Drive. She suggested that each Council member present their problem as the first study. Mr. Douglas questioned whether the study could be done without getting the $3.5 million bond. Mr. Coker stated that he was under the assumption that the study would be completed using funds from somewhere prior to executing the bond. He thought this was discussed at the last meeting when he voted in opposition of spending $3.5 million prior to getting the plan. Mr. Coker stated that he was uncomfortable with spending $3.5 million on something that needs to be looked at. Mr. Arrington talked about the possibility of Michael Baker completing the study and billing the county for the remaining cost. However, the bond would still have to be issued to pay the remaining cost for the study. He also mentioned that there would need to be additional discussion with Michael Baker and an agreement drafted to pay them. Mr. Coker suggested issuing a $1 million to $3 million bond. However, he would like to see what Michael Baker comes up with in the study and the issues corrected before he could vote for the bond. Michael Baker Representative Robert Moser stated that they would be willing to work with the county in executing the work. He mentioned the schedule that they plan to adhere to and means to obtain public input. Mr. Kilgo stated that he would hope that $40,000 could be found in the budget without having to issue a bond. Mr. Flowers explained that issuing a bond was not the same as spending $3.5 million. He stated that Council was only committing to pursuing the bond if the county comes up with a plan that would require spending the bond proceeds. He added that after third reading of the ordinance, Council would still have to approve a Resolution to spend the bond proceeds. Council would also have to approve implementing the plan, whether it be for new equipment, etc. Therefore, voting for the ordinance was not saying that the county would spend $3.5 million. It was saying the county will pursue borrowing $3.4 million. Mr. Kilgo stressed that he did not want to borrow the money until a plan is completed. Mr. Flowers mentioned the required four to five months waiting period after approval of the ordinance before the bond could be issued. Darlington County Council 6 January 5, 2016
It was Mr. Kilgo s understanding that if third reading of the ordinance is approved, the bond could be issued and the county would receive $3.5 million and may not spend it, but would have to begin paying on it. Therefore, he stated that Council should wait until the plan is received before issuing a bond. Mr. Cox said Council would be getting a plan, paying for the plan, and issuing a bond. However, no one could spend money without Council s approval. Therefore, it was his opinion that if the county collects the money, the county would owe the interest on it. But if nothing else, the county could send the money back. Council talked about placing the ordinance on the pending list after second reading. Mr. Arrington read the email from the bond attorney that was included in the agenda package which stated, Attached is a draft of the Ordinance for Council s consideration at its January 5, 2016 meeting. Please note we provide that the Bonds will not be issued until a Resolution has been adopted, and in Section 3.14, we make provision that the annual levy of taxes will be reduced to the extent that annual monies are paid into the Debt Service Fund from the Environmental Services Fund. Mr. Arrington emphasized that it was directed to Bond Attorney Ben Zeigler that the county would need to ensure that the plan is complete prior to moving forward with spending any money. Mr. Kilgo stated that there was a difference between spending money and receiving money. He did not want to receive any money from the sale of a bond until Council receives a plan. Mr. Arrington and Council members talked about the amount that the County could borrow which would be up to $3.5 million. Mr. Arrington pointed out that, generally, funds in the General Fund and Enterprise Fund (Environmental Services) do not cross. He also stated that Environmental Services did not have a significant fund balance to cover the cost of the study/plan. Mr. Arrington said the county would have to save the $40,000 budgeted this year and budget the remainder next year. He also stated that should Council decide to do nothing, the county would still have to pay Michael Baker for their work to complete the study. Mrs. Johnson asked whether Council could include in the plan other things related to Environmental Services. Mr. Arrington said the bond would be exclusively for Environmental Services. Ordinance No. 15-33, An Ordinance To Amend The Darlington County Code Of Ordinances, Chapter 18 (Emergency Services), Article II. (Ambulances), Division 2. (Darlington County Ambulance Service District) And Chapter 2 (Administration), Article IV. (Boards, Commissions and Committees), Section 2-204 (Enumeration) To Repeal Sections Regarding The Ambulance Commission And Declare Same To Be Null And Void And Of No Effect - SECOND READING Mrs. Johnson stated that she was not in support of doing away with the Ambulance Commission. Chairman Hudson reported that other counties do not have an Ambulance Commission. He felt that the county needs another controlled position/medical control officer to work along with Dr. Cohen. He suggested that this item be tabled until the staff could conduct further research. Second Reading of Ordinance No. 15-33 FAILED due to a lack of a motion. Darlington County Council 7 January 5, 2016
Ordinance No. 16-01, An Ordinance To Amend And Up Date Darlington County Code Of Ordinances, Chapter 46 (Purchasing) And Establish The Effective Date Of This Ordinance - FIRST READING Ordinance No. 16-01 was read for first reading. No action required. Ordinance No. 16-02, An Ordinance To Create A Separate Fund For Reporting Capital Improvement Activity Created By The Capital Improvement Plan (CIP) - FIRST READING Ordinance No. 16-02 was read for First Reading. No action required. Resolutions There were no resolutions. Committee Reports There were no committee reports. Other Items Appointments To County Boards & Commissions: Councilman Bobby Hudson (Alcohol & Drug Citizen Advisory Committee); Councilman Le Flowers (Airport Commission, Construction Board of Adjustment & Appeals, Library Board, Parks & Recreation Commission); Councilman Dannie Douglas (Construction Board of Adjustment & Appeals, Planning Commission) Chairman Hudson, Councilman Flowers, and Councilman Douglas carried of their appointments to the various Boards/Commissions. County Council 2016 Schedule Of Meetings MOTION was made by Mr. Kilgo and seconded by Mr. Brock to approve County Council 2016 schedule of meetings. Environmental Services 2016 Holiday Schedule MOTION was made by Mr. Kilgo and seconded by Mr. Douglas to approve Environmental Services 2016 holiday schedule. Mr. Brock requested that the staff ensure that Pine Ridge Collection Center is not closed for two consecutive days. Mr. Kilgo requested that the staff convey Environmental Services 2016 holiday schedule to the City of Darlington so that they will not run their garbage trucks on days that the landfill is closed. Mobile And Data Usage Policy MOTION was made by Mr. Kilgo and seconded by Ms. Nicholson to approve the Mobile and Data Usage Policy. Mr. Arrington explained that some county employees with county issued cell phones and tablets were exceeding the minutes allotted creating overage costs. Therefore, the cell Darlington County Council 8 January 5, 2016
phone plan was changed to add more talk minutes instead of data. This policy will govern cell phone and internet usage. Mr. Douglas presented concerns about personal calls on county issued cell phones. Appointment Of The Courthouse Construction Advisory Committee MOTION was made by Mr. Kilgo and seconded by Ms. Nicholson to appoint Retired Circuit Court Judge John Milling to the Courthouse Construction Advisory Committee. Chairman Hudson requested a list of names for the appointments. Mr. Arrington asked Council members to contact the Clerk to Council if they have names to place on the list for appointment. According to Resolution No. 661, Darlington County Courthouse Construction Advisory Committee membership shall be constituted as follows: the resident state senator (Chairperson), the chairman of County Council, the Clerk of Court, the Probate Judge, Circuit Court Judge, Family Court Judge, one member of the public appointed by the County Council Chairman who must be physically disabled, one member of the public appointed by the County Council Chairman who must have an engineering and/or architectural background, a member of Darlington County Bar Association appointed by the Darlington County Bar Association, and the Darlington County Sheriff. MOTION was made by Ms. Nicholson and seconded by Mr. Kilgo to appoint Family Court Judge Michael Holt to the Courthouse Construction Advisory Committee. MOTION made by Mr. Kilgo and seconded by Ms. Nicholson to amend the motion to provide that should Judge Holt declines the appointment, then Family Court Judge Cely Ann Brigman would be appointed. Billing And Payment Policy For Environmental Services/Landfill MOTION was made by Mr. Brock and seconded by Mr. Kilgo to approve the Billing and Payment Policy for Environmental Services/Landfill. Work Authorization For Professional Services Agreement With Michael Baker International For A Solid Waste Management Plan And Feasibility Analysis Report MOTION was made by Mr. Kilgo and seconded by Mr. Brock to approve the Work Authorization for Professional Services Agreement with Michael Baker International for a Solid Waste Management Plan and Feasibility Analysis Report. Michael Baker Representative Robert Moser indicated that their anticipated work completion date would be around the second week in May. Darlington County Council 9 January 5, 2016
Procurement Card (P-Card) Policy And Procedure MOTION was made by Mr. Brock and seconded by Mr. Douglas to approve the Procurement Card Policy and Procedure. Mr. Arrington clarified that all county employees would not receive a credit card. Select Department Directors and individuals would receive a card with specific documentation to be signed to ensure that the cards would be utilized property. He also stated that there would be established credit limits for the cards. Mr. Kilgo reported that he asked the County Administrator why the county was using a bank that was not operating in Darlington County and was informed that the bank selected was on state contract. Mr. Arrington clarified that the cards would be used to purchase supplies, etc. Administrative Update, Mr. Terence Arrington, County Administrator Employees Banquet. Mr. Arrington reported that the staff had secured a date (March 12, 2016) for the Employees Appreciation Banquet and additional information would be provided later. He anticipates the cost to be between $5,000 and $7,000 for the facility, food, and entertainment for employees and a guest. EMS Floor Repair. Mr. Arrington reported that floor repairs in the EMS Building would take place on January 18, 2016. The first phase would be Council Chambers. Each department in the building would contribute to the cost. Hospitality Tax Revenue Collected. Regarding the Hospitality Tax revenue, Mr. Arrington reported that once these funds are appropriated in the budget, the plan was to contribute seventy-five percent of the revenue toward capital improvement and twenty-five percent for general fund needs. Mr. Brock asked whether there were specific things that Hospitality Tax revenue could and could not be spent on. Mr. Arrington stated that once the seventy-five percent goes into the Capital Improvement Fund, the funds could be used for vehicles, facilities, etc. and there would be guidelines as to what would be considered a capital improvement item. As for as the funds placed in the General Fund, the money could be used for specific projects. The report on the Hospitality Tax revenue collected was included in the Consent Agenda. Mr. Kilgo pointed out that State statue places some parameters on how Hospitality Tax revenue can be spent. He requested that the staff look at the statute and ensure that the county remains within the parameters. Chairman Hudson indicated that he would like for Economic Development to receive funds. Mr. Kilgo requested that County Attorney Cox provide a synopsis at the next meeting or by letter stating how Hospitality Tax funds can be used. Courthouse Construction Advisory Committee. Mr. Arrington talked about the need for the Courthouse Construction Advisory Committee members to be appointed. He plans to present information to Council at its next meeting regarding the cost to get the county to the construction phase. Then there would be discussions as to how the county plans to pay for Darlington County Council 10 January 5, 2016
the construction. He indicated that funds are available for the courthouse project through the design phase. Boards/Commissions/Committees. Mr. Arrington wanted it on record that Committees serve in an advisory role and should not give directives to the staff, attack the staff, or participate in gossip, rumors, etc. He said the Committees need to understand that their role is to work collaboratively with the staff and not belittle them. Mr. Arrington urged Council members to attend some of the Board/Commission meetings. He also stated that if Committee members have an issue, the members should speak with Council member(s) and the County Administrator. Council members requested the meeting schedule for the various Boards/Commissions. Goggle Apps Briefing. Mr. Arrington reported that the county recently transitioned to Goggle Apps and IT Manager Arthur Moore was available to answer any questions regarding emails, etc. Requests / Comments Members Of Council Mr. Coker thanked Council members for their support and patience. Ms. Nicholson wished everyone a happy new year and asked Council to consider a resolution, etc. recognizing the late Dr. Ernest Nicholson, Director of Darlington County Community Action Agency and her relative. She commended the voters for electing Darlington City Mayor Gloria Hines, the first female African American Mayor in the history of the County and City of Darlington. Ms. Nicholson asked Mr. Arrington to look into the recent gun murder in her Council District. She also requested the Sheriff to consider budgeting funds for a substation in Council District 6. Ms. Nicholson reported that a majority of all the murders that occurred last year were in her Council District because the communities are underserved. Mr. Douglas wished everyone a happy new year and a good working year. Mr. Brock commended the appearance of the courthouse and commended Mac McDonald and Bobby Richardson for their efforts during the recent flood. Mrs. Johnson wished everyone a happy new year and talked about the need for Council to discuss and develop a plan of action. Mr. Flowers commented Human Resources Manager Ginger Winburn and Accounts Payable/Payroll Clerk Sandra Moody for their assistance in helping him resolve a retirement issue. Mr. Kilgo commended all the employees and recognized Code Enforcement Director Randy Evans who will retire next month. Darlington County Council 11 January 5, 2016
Chairman Hudson commended the efforts of Human Resources Manager Ginger Winburn, the County Administrator, and county employees. He encouraged everyone to talk with Council. Vote For Executive Session - Receipt Of Legal Advice Regarding Potential Claims There was not a vote for executive session. Adjournment MOTION was made by Chairman Hudson to adjourn the meeting. There being no further discussion, the meeting was adjourned at 7:34 p.m. Approved at meeting of February 1, 2016. J. JaNet Bishop Clerk to Council Bobby Hudson, Chairman Darlington County Council Darlington County Council 12 January 5, 2016