 |
 |
 |
|
| The following summary minutes have not been approved by Simpsonville City Council. An official copy of the minutes will be available after adopted by City Council at City Hall 118 NE Main St. Simpsonville. Pursuant to the Freedom of Information Act, notice of this meeting date, time, place and Agenda was posted on the bulletin board at City Hall and faxed to the newspapers, radio stations, television stations and any concerned citizens. |
|
 |
SIMPSONVILLE CITY COUNCIL MINUTES BUSINESS SESSION December 11, 2007 6:30 P.M.
CALL TO ORDER: Mayor: Call the December Business Meeting of Simpsonville City Council to order. I’d like to welcome all of you here tonight. Ms. Bodkins would you call the Roll please.
ROLL CALL: Ms. Bodkins: Yes sir: Councilmember Bridges: Here Councilmember Garrett: Here Councilmember Lawrence: Here Councilmember Bagwell: Here Councilmember Zitricki: Absent Councilmember Larson: Here Mayor Waldrop: Here
Mayor: I’d just like to say that Council Member Zitricki called and his company has sent him out of town to solve some big problem somewhere so he extends his regrets and we’re sorry that he is not here tonight. But we’ll move forward.
INVOCATION Mayor: Is there anyone here who would like to ask blessings upon this meeting in your own personal way. All right, hearing none, Council Member Garrett would you ask blessings on this meeting in your own personal way please.
PLEDGE OF ALLEGIANCE Mayor: Would you join us now in the Pledge of Allegiance to the Flag please.
APPROVAL OF MINUTES OF 11/13/2007 Mayor: We’re happy you’ve chosen to spend part of your Holiday Season with us here tonight. We hope we’re entertaining and informative and make it worth your while. I’d like to welcome – we have with us tonight Mr. Chris Bailey – Christopher Bailey from the Greenville Realtors Association. He’s here observing and trying to find out what a wonderful little City we have here. Thank you for coming Chris, always a pleasure.
Council Members you have in the packet before you the Minutes of the November 13 th meeting and I’ll entertain a motion in that regard at this time. Ms. Lawrence.
Ms. Lawrence: Mr. Mayor I make a motion we accept the minutes of November 13 th as written.
Mayor: Thank you Ms. Lawrence.
Mr. Garrett: Second
Mayor: Mr. Garrett seconds. Thank you Mr. Garrett. Any discussion, corrections, additions. Ms. Bagwell.
Ms. Bagwell: I was not at that meeting I choose to abstain from the vote.
Mayor: Thank you very much. All right anyone else. All right hearing no further discussion I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous among those who chose to vote.
REVIEW OF MONTHLY REPORTS Mayor: You also have probably in your office downstairs the monthly reports from our Department Heads. Thank you guys for providing those for us and a lot of good information and we do review those. Even though I’ll admit at least one of us up here hasn’t reviewed all of it quite yet, but I’ll do it I promise.
CITIZEN COMMENTS Mayor: This is the portion of the meeting where we invite citizens to come and talk to us. This is our business meeting so we will listen carefully to anything that you have to say but we won’t respond to you or interact with you in any way. We do that at our workshop meetings. And if you called ahead and asked to be placed on the Agenda we’ll give you 4 minutes to speak and we’re pretty generous with that time. If you signed up at the door we’ll give you 2 minutes. We’re also generous with that. I see that we had no one that called and asked to be placed on the Agenda Ms. Bodkins
Ms. Bodkins: No sir.
Mayor: So we’ll go right to our sign up sheets. Do I have them all up here.
Ms. Bodkins: Yes sir.
Mayor: All right, well it looks like we had one person sign up to speak to us tonight, Mr. George Smith. Mr. Smith if you’ll come forward to the podium. Give us your address for the record and you may begin.
• George Smith – 1105 W. Georgia Road , Simpsonville , SC Mr. Smith: Mr. Mayor, George Smith is my name, my address is 1105 W. Georgia Road .
Mayor: Thank you sir.
Mr. Smith: And I’d like to ask the City Attorney a question. Last month as the meeting was laid out the City Attorney gave his opinion on a question that I had brought up the month before but as the meeting is laid out I have no response to his response until this month and that’s what I’m taking right now. The question I’d like to ask the attorney –
Mayor: Well let me interrupt you because it would be inappropriate at this meeting – and I’m sorry – I know what you’re saying – I wish you’d called ahead and then I could have put you together with him on the telephone or something and you’re welcome to talk with him right after this meeting but this business meeting we just don’t get into an interactive kind of thing.
Mr. Smith: I have a very simple question for him.
Mayor: Well and I’m sure he’ll have a very simple answer but it’s just not appropriate for our Agenda. Go – if you’d like to make a public statement go ahead and do that and ask your question in public and then perhaps one of these fine council members will see fit to make an inquiry to the attorney regarding your question when we start discussing the issue that’s before us. I’m sorry – but that’s just – you’ve been here before you know what our rules are. But go ahead.
Mr. Smith: Okay a little explanation – month before last I brought up a question on the W. Georgia Road annexation proposal. There’s 12 parcels in that proposal. If you could put up a diagram of those proposals of that annexation.
Mayor: We’ll be talking about that tonight and we’ll do it then. See that’s exactly why we don’t have interaction here because we’ve already had the debate, we’ve already had the information – all this meeting is for is for us to vote and sit up here and look pretty. We’re not doing too well on the second point but I’m trying to control that first point.
Mr. Smith: Okay – to the point. Parcel number 7 on that plat I would like to know how anyone can consider that parcel having a continuous border with the rest of the annexation properties. That parcel is voted as a yes in that annexation. As I brought out two months ago without that parcel they do not on this petition – now I’m not talking about any further petitions in the future – but on this petition they do not have the 75% without that parcel. To my understanding – my understanding of the definition of contiguous that parcel is not contiguous with the other parcels in that proposal. It is, I grant the attorney last week said it was contiguous to the City and that it is. I have no objection. It is contiguous to the City but it does not have an unbroken border with the other parcels in this proposal of annexation – it doesn’t have an unbroken border with the other parcels and by law, by the South Carolina Law it says that it has to have an unbroken border. This it does not have. That is the point I brought out two months ago, last month with the attorney’s statement that point was side-stepped. It was never addressed last month. And that is the point I’m bringing up again this month. Parcel number 7 does not have a unbroken border with the other 11 parcels in that proposal and therefore this annexation proposal is not legal. If you could do it that way you could go anywhere around the City of Simpsonville pick up any number of parcels and as long as you had 75% saying yes you could force the other parcels in. No matter whether they were connected or not. That is my point. That is the South Carolina law and that is my point. Thank you Mr. Mayor.
Mayor: Thank you sir. Well I have several things that I wanted to say to but I’m going to honor my – I’m going to stick to the rules to. I’m sure when we get into a discussion about that your questions will be addressed.
CITY ADMINISTRATOR’S REPORT Mayor: All right, City Administrators Report. Those are all the people we had signed up tonight by the way so thank you Mr. Smith for coming. City Administrator Report – what’ve you got on your mind.
Mr. Hawes: A number of things Mayor and Council. First of all I want to talk a little bit about the aesthetic improvements at Heritage Park that have been underway. You all might have noticed as you drive by the park on Main Street or into the park that the City has partnered with the Simpsonville Garden Club to bring what is known as Carolina Fence to the Simpsonville Family Railroad area of the park. This is directly in front of the train depot, a garden area with a walk-way and a split rail fence that has been placed by Public Works staff. The Simpsonville Garden Club will be planting Yellow Jasmine, a creeping vine that will eventually cover the fence. This will add a classic and soft touch to the park near it’s entrance. Also the Public Works staff has been working to place new fencing of the same type at the main entrance to Heritage Park along Main Street and you can see that a few hundred feet of fence has gone up in the last two weeks. And that should be completed by the end of this week. So we’re real excited about that. And we’ve also cleaned out the undergrowth of some beautiful Oak trees at the entrance to Heritage Park so that you can really experience the beauty of those Oak trees a lot better.
Web Site Renovation – the City’s web site is currently undergoing a complete re-invention. The web site will be more user friendly with new features, such as full searchability, interactive maps, down loadable forms and web file forms. The new design will be based on the new City logo and theme and this will create a consistent brand identity for the City. And we’ve got a time-frame in this web site re-invention should be complete in mid-March. So we’ve got all the Department Heads working to re – well to just create new web presence for their departments and make sure we have as much functionality as we can across the board. The types of things we’re talking about is like an interactive map where as you mouse over the map things will pop up if you click on Recreation it will bring up all the parks and when you go over a particular park like Heritage Park it will list what’s at that park and if you click on it it will go directly to the Heritage Park web site. So it’s just real intuitive and we’re real excited about the direction the web site is going.
The Annual Strategic Planning Retreat – the budgeting process will get underway in earnest the month of January. There will be a strategic planning budget retreat in late January. We haven’t got a date set and I’ll be glad to get with you after this meeting to try to determine what works best for everybody here. This is where we can apply visioning from last year’s retreat and the mission statement from the City to guide staff in it’s development of a proposed budget for the upcoming fiscal year. If you have suggestions for topics of discussion at the next retreat please let me know. I’ll be in touch with council members as I said in the next week, to determine the time that works best.
I’ve got an announcement concerning our Arts & Civic Center , otherwise known as the former Simpsonville Elementary School . Comedian James Gregory known as the funniest man in America has just booked the center for a big show on Valentine’s Day February 14 th . The promoters will be working with local restaurants to do dinner and show packages and I believe this will be a real positive way to showcase Simpsonville on a holiday and good romantic occasion to bring someone to dinner and then see James Gregory. So, that should be a very nice event.
There is a surplus property auction coming. The cities of Simpsonville, Ft. Inn and Mauldin are teaming together to host an auction of surplus material. Simpsonville from time to time designates items as surplus when they are no longer of use to the City. You have received the list of those items at this time. I ask that council pass a simple motion to declaring the listed items as surplus so that we may include them in the Municipal Auction. And we could do that right now, it kind of got listed under the City Administrator’s Report. Or I can finish my report and then maybe we can
Mayor: Finish your report and then we’ll do that and fuss at you about other things to.
Mr. Hawes: Upcoming Events: Next business meeting of City Council is January 9 th . Snow Day at Heritage Park is set for December 15 th from 11:00 am to 4:00 p.m. There is a mis-print here it says 5:00 – it actually ends at 4:00 pm. And that’s going to be hopefully a huge event for the City of Simpsonville . There’s a lot of buzz on the street about our Snow Day. 43,000 pounds of snow, which is made from 5,000 pounds of ice, which contrary to some opinion is not a huge amount of water. I know we’re in a water shortage situation and this will go back into the ground anyway. But it’s barely enough to fill a quarter of a swimming pool. So, that’s the amount of ice, the water that was necessary to create that amount of ice. Christmas at Heritage Park will be December 17 th -20 th from 6:00 pm until 8:30 pm. That will involve decoration of the train area at Simpsonville Family Railroad and assorted activities and amenities for folks to celebrate Christmas at Heritage Park . Also I want to let you all know that I did receive a petition from Trippmont Drive in Martin’s Grove. This petition was in regards to a request to slow traffic down and the Chief of Police to analyze the situation there and determine what he would recommend. And the Chief of Police has recommended that stop signs be placed at 3 locations along Trippmont and I just wanted to let you all know that that is his recommendation and if anybody has concerns about that let me know. But his recommendation is that stop signs – 3-way stop signs be placed at Garrotto Place , Martin’s Hollow and Hide-a-way Court where they intersect with Trippmont.
Ms. Bagwell: Could you repeat those street names please
Mr. Hawes: Garrotto Place , Martin’s Hollow and Hide-a-way Court.
Mayor: Okay is that your report
Mr. Hawes: And that is the end of my report absolutely. We’ve got the surplus items and any questions.
Mayor: Yeah, let’s do the surplus items first and then we’ll have Council Members as a part of their comments respond to what you had to say or whatever so. I’ll entertain a motion to declare the list of surplus items surplus. Ms. Bagwell
Ms. Bagwell: I move that we declare the surplus items surplus and order to be auctioned.
Mayor: Thank you Ms. Bagwell. Do I hear a second.
Ms. Lawrence: Second
Mayor: Ms. Lawrence seconds. Any discussion. All right hearing none I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous – go forth and sell surplus.
COUNCIL COMMENTS Mayor: Now we’ll go to Council Comments, but I’m going to go first. The stop signs over in Martin’s Grove – we have some history there. I remember once upon a time we had some folks come to us and had a petition to put up some stop signs over there and we did and thought we were making everybody happy and then we had another group come with another petition wanting to know why we did that. So I mean do we have a petition from everybody over there or 75% of the people or whatever our rules are
Mr. Hawes: It’s over 75% of the people on Trippmont Court .
Mayor: Trippmont Court is – that’s not the main – that’s not the main drag through there is it.
Mr. Hawes: No Two Gait’s probably what you would consider the main drag. It is called Trippmont Court , but we’ve got – I’ll be glad to let you all see the petition or whatever
Mayor: Is there a map of that in our packet.
Mr. Hawes: No. This is more for your information that we have reviewed this. If you’d like to bring this up at a later council meeting to determine what we want to do it’s really – we reviewed it – we received the petition
Mayor: You really don’t need a vote from us – that’s just what the Police Chief wants to do – some of us may have questions about that.
Mr. Hawes: That’s what I’m trying to determine.
Mayor: Council Comments – Ms. Lawrence
Ms. Lawrence: Yes sir, Mr. Hawes I’ve had some people from the other side of the highway call me regarding – well they would like to see Christmas Decorations go further than Grandview if at all possible. You know I think they think they were promised some over there a couple of years ago but they’ve never got any further than Grandview . Also they are wanting to know when the interchange is going to have some decoration of some sort. Right now it’s just 3 foot tall weeds all around the Fairview Road Interchange. And they’d like to know if we plan on getting a grant to do some planting or some lawn maintenance or something out there. Realizing of course that it’s the State but still it’s one of the gateways to the City,.
Mr. Hawes: Well certainly, certainly. And that is something that I would expect would be a point of discussion when we sit down in the budget planning for the upcoming year to determine if we want to apply for a grant along those lines. We have been successful in Palmetto Pride grants previously and that might be a possibility. But also the State Department of Transportation has an interchange beautification grant program that we may be able to be eligible for.
Ms. Lawrence: Okay thank you.
Mayor: Anyone else. Mr. Larson.
Mr. Larson: I wanted to thank some of the members of the Westwood Neighborhood Association for being here tonight and hopefully you all will have some folks come back at future meetings and join us. And just one other thing is I noticed the past couple of weeks from the Christmas Parade and Journey to the Manger and with the improvements at Heritage Park I just wanted to thank Public Works and Fire Department, Police Department and Rec Department for all the work they’re doing. The parade was wonderful and Journey to the Manger worked really well to.
Mayor: Here, Here. Okay, is that all. All right, Ms. Bagwell
Ms. Bagwell: Mr. Hawes can you give us an update on the Hunters Woods Sewer Line and how that’s progressing.
Mr. Hawes: Yes actually Joe Carter and I talked about that today. Perhaps Joe, he’s got the most familiarity with the project as he is over that department, if he could come up and give you an update on the exact specifics of it.
Mayor: I thought we had a microphone back there for them.
Ms. Bodkins: They’ll loose it.
Mr. Carter: Budget Cuts. I’ll try my best. The lines pretty much in. They’ve got one little short section that they’ve had some problem with and had to redo today. As soon as they complete that they’ll start tying in the services. We decided instead of doing the surfacing because of the weather and not knowing what to expect, we’re going to go ahead and cap – not cap but patch the trench lines and the ditch lines and then come back in the spring and build the surface and recap the road at that time. But we should be through by Christmas. We hit rock that slowed us up a little bit but the line’s pretty much in. The main line is running, the sewer is in the new line now, so it’s just a matter of tying in the service. Should be through by Christmas
Ms. Bagwell: Good – thank you. And Mr. Hawes, could you check into the possibility on – I know I’ve mentioned this exit ramp at Fairview Road off of 385 where that road is hatched off could you check into the possibilities of getting some of the – I don’t even know what they’re called – I’m sorry – we have one over there where you can’t turn left off of Fairview to get onto 385 – that little stick flexible – I’m sorry
Mr. Hawes: Flexible bollards. Yeah, we’ve actually talked with SCDOT about the possibility there and they’re evaluating traffic control options I guess is the best way to put it for that whole interchange right now, including re-striping where Grandview intersects with Fairview . And trying to do some things that are minimal cost but high gain and that was one of them. So I will check with DOT again. They sometimes are notoriously slow unless you keep on them. SO we’ll keep on them.
Ms. Bagwell: Very good. Thank you.
Mr. Hawes: I also want to mention as well in coming events if I could that we have the swearing in ceremony on January 2 nd for the new council members Mr. Curtis and Mrs. Sanders.
Mayor: Okay – thank you. Anyone else. All right thank you Mr. Hawes. Good job. Answered all the questions so we’ll move along then.
APPOINTMENT OF PLANNING COMMISSION MEMBERS Mayor: Next is the appointment of the Planning Commission Members and Ms. Bodkins
Ms. Bodkins: We have 3 positions available on the Planning Commission. I received 2 applications in a timely manner. One from Caroline Mahaffey and one from Hunter Howard III. Those are the only applications I received by the deadline. Mr. Bridges has a 3 rd application he has received since then and we do have 3 positions open. And then on the Housing Board of Appeals we have 1 position available that was left by Justin Chandler when he moved to the Election Commission. I’ve had no applications for that Board.
Mayor: Possibly because we didn’t know that there was a vacancy.
Ms. Bodkins: We discussed it last meeting or the meeting before.
Mayor: Okay I think we can find somebody for that. Well let’s address the issue that we only had two apply before the deadline. We do have a 3 rd . Mr. Parliamentarian do you see any reason why we can’t suspend the rules to allow that 3 rd one to be accepted.
Mr. Holmes: No. But that’s what you’d have to do is vote to suspend the Rules. The only thing that I’d bring to your attention is you all – the Council has now done that twice. That is every time this has come up you’ve ended up suspending this rule and I would really encourage you to go back and look at that policy, because it seems to bite you rather regularly.
Mayor: It would probably be better if we just went back and did what we were supposed to do and we wouldn’t have this. Perhaps it should be the duty of the City Attorney to constantly remind us that we need to do that so that we don’t overlook it.
Mr. Holmes: Well I can do what someone suggested – be like Bufford Pusser and bring a big stick – slugger
Mayor: Whatever it takes. Okay. Well I’m sure we’ll want to do that but for the interest of what we have before us right now
Mr. Holmes: That’s what you have to do to receive the 3 rd nomination.
Mayor: Okay I’ll entertain a motion to suspend our rules regarding the deadline for appointment to the Planning Commission
Mr. Holmes: Well you need to suspend them all I think on that issue. Because there’s not only the deadline to apply but there is also a deadline to present that to council and have the council member sponsor that person so I don’t know if you’ve met all the requirements of that policy. SO if you’re going to vote to suspend I would suspend the Rule all together.
Mayor: You’re kind of a difficult fellow aren’t you.
Mr. Holmes: Yes sir.
Mayor: So your telling me that we need a motion to suspend all of our rules.
Mr. Holmes: All the rules about nominations to Boards and Commissions.
Mayor: I’ll entertain that sort of motion. I don’t think anybody’s got the guts to – Mr. Bridges
Mr. Bridges: Yeah, I do. I’d like to recommend we suspend all the rules regarding the Boards and Commission appointments.
Mr. Garrett: Second
Mayor: Boy that’s a scary thing. Okay Mr. Garrett seconds. All right any discussion. All right hearing none I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No (Ms. Lawrence was in opposition.
Mayor: Okay one in opposition. So motion passes although not unanimous. All right now Mr. Bridges would you like to tell us about your nominee that you have.
Mr. Bridges: I have an application here for Mikelene Loe who I think most probably everybody knows and owns the Lark Candle Shop. She has served on the Board of Zoning Appeals and she has been on the Board of the Chamber of Commerce and she’s just interested in becoming move involved in the City operation. I would recommend her as a new member.
Mayor: Okay thank you Mr. Bridges. Does anyone have any questions of Mr. Bridges regarding Ms. Loe.
Ms. Lawrence: I’d just like to ask a general question –
Mayor: You have the floor
Ms. Lawrence: When we nominate somebody for Boards and things are they not supposed to be in good standing with the City as far as all their bills paid and stuff like that – that they owe the City.
Mayor: I would think that would be common sense but
Mr. Holmes: That would certainly be appropriate that’s right.
Ms. Lawrence: All right. That’s all Iwant to know.
Mayor: Do you have some information you’d like to provide for us regarding a nominee.
Ms. Lawrence: No, that’s all right. You need to do your homework Mayor.
Mayor: Okay. All right, well I think it appropriate that we also talk about the other two nominees – are all of you familiar with the other two nominees. Have you studied their things as thoroughly as you should.
Ms. Lawrence: They’re good people.
Mayor: Okay. All right, then we have added Ms. Mikelene Loe to the three applicants on your ballot so I guess you just need to pencil those in and submit that ballot.
Mr. Holmes: Mr. Mayor I’d ask that someone make a motion that the nominations be closed and you vote on that because you suspended all your rules so now you’re nominating people and I’ve only heard 3 names.
Mayor: Okay then I’ll entertain a motion to do whatever he says
Mr. Bridges: Move the nominations be closed
Ms. Bagwell: Second
Mayor: Thank you Mr. Bridges and a second from Ms. Bagwell. Thank you. All right, now if you’ll cast your ballot.
Mr. Holmes: Mr. Mayor there are 3 positions so you would each vote for the three positions.
Mayor: Thank you should that have been included in the motion
Mr. Holmes: No sir, you’ve closed your nominations now you’re balloting.
Mayor: All right, thank you so much. All right and the Clerk will report back to us on that shortly
Ms. Bodkins: I can do that now.
Mayor: Can you report – would you like to report back to us on the outcome of the election
Ms. Bodkins: Yes sir, the outcome of the election is your 3 new Planning Commission Members will be Caroline Mahaffey, Hunter Howard, III and Mikelene Loe. And I would also tell you at this time that we need to find a Housing Board of Appeals Member and because Mikelene Loe is now being moved to the Planning Commission we now have an opening on the BOZA Board. And I will re-advertise for both of those tomorrow.
Mayor: Thank you very much we can handle that at our first meeting in January.
Ms. Bodkins: Yes sir.
Mayor: With the assistance of the attorney I’m sure.
Mr. Holmes: Well I would just remind you that you do have the rules about when those applications have to get in and since I don’t have that information right at the top of my head – because the Holidays are coming up there is some possibility you’ll want to advertise it and vote on that in February
Ms. Bodkins: We probably do not have enough time Mayor to get it advertised and going for the voting meeting in January because normally we do that on a workshop event so that you can discuss it on a workshop.
Mayor: Okay thank you Ms. Bodkins. If you’ll handle that and report back to us and tell us exactly what we need to do we’ll be happy to do that I think.
Ms. Bodkins: Yes sir. I’m sorry
RE-APPOINTMENT OF CITY CLERK, COURT CLERK, CITY TREASURER, JUDGES AND CITY ATTORNEY Mayor: Now ironically re-appointment of the City Attorney, the Judges, the City Clerk and the City Treasurer. And we have received letters from all of those mentioned requesting re-appointment and they are included in your packet I think – they were included in my packet. You all have copies of them right.
Ms. Bodkins: Mr. Mayor
Mayor: Yes Ms. Bodkins
Ms. Bodkins: The only thing you should note on that is your Administrative Judge also acts as your Clerk of Court so she’s being appointed for both of those.
Mayor: Oh, okay. Thank you for – so noted. All right, I’ll entertain a motion in that regard.
Ms. Lawrence: Are we doing them all at once
Mayor: Well we can – whatever the motion says. We can do whatever you want to do. Would you like to make a motion.
Ms. Lawrence: Well I mean, I just didn’t know how it worked.
Mayor: Well go for it
Ms. Lawrence: I make a motion that we re-appoint the City Clerk, City Treasurer, Clerk of Court, Judges and City Attorney.
Mayor: You might want to read their names
Mr. Holmes: Well she did say re-appoint Mayor so – but she can read the names if you’d like that
Ms. Lawrence: Well I don’t have the list of names – I could fumble through trying to remember but
Ms. Bodkins: Would you like me to state the names for you Mayor
Mayor: Noooooooo – May I hear a second
Ms. Bagwell: Second
Mayor: Ms. Bagwell seconds. Any discussion of the motion. All right, hearing no discussion I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. The Aye’s have it it’s unanimous. Thank you.
ORDINANCES (Second Reading ) • Ordinance to Issue Junior Lien Certificates of Participation • Series 2007 Mayor: All right, Mr. Hawes – I’m glad we’re back to you. Tell us about the ordinance to issue junior certificates.
Mr. Hawes: Well yes Mayor and Council. In simplified form this is an ordinance to issue Certificates of Participation to fund 2.5 million dollars worth of improvements at Heritage Park . I’m going to read to you the title – the print of the ordinance just to get it in the record here. This is an ordinance authorizing the City of Simpsonville , South Carolina to execute documents, including a fifth supplement to Lease Agreement, by and between the City of Simpsonville , South Carolina and Simpsonville Public Facilities Corporation relating to the execution and delivery of not exceeding 2.5 million dollars Simpsonville Public Facilities Corporation, Jr. Lien Certificate of Participation Series 2007 consenting to the execution and delivery of such Jr. Lien Certificate of Participation approving the form of the fifth supplement to Trust Agreement between the Corporation and the Trustee named thereunder and other matters relating thereto. I also want to let you know that the Board of Directors of the Simpsonville Public Facilities Corporation met and approved this issuance.
Mayor: Thank you Mr. Hawes. I’ll entertain a motion in this regard. Ms. Bagwell
Ms. Bagwell: I move that we accept the ordinance to issue the Jr. Lien Certificates of Participation Series 2007 as stated by Mr. Hawes.
Mayor: Thank you Ms. Bagwell do I hear a second
Mr. Larson: Second
Mayor: Mr. Larson seconds. Thank you Mr. Larson. Any discussion. I’ll remind council that this is second and final reading. Hearing no discussion I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed no. Aye’s have it it’s unanimous. Thank you Mr. Hawes.
ANNEXATIONS/REZONINGS (Second Readings ) • AXZ-2007-04 12 Properties along W. Georgia Road Mayor: All right Mr. Dyrhaug. Do we have visuals?
Mr. Dyrhaug: I’ll present what’s on the Agenda now which is docket number AXZ-2007-04. This is a request to annex and rezone 12 properties along W. Georgia Road and this is for second reading. Just to bring you back up to speed on this again, this request is pursuant to SC Code of Laws §5-3-150 whereby 75% of the freeholders have signed a petition requesting annexation into the City of Simpsonville. In total this is 12 properties that have been included on the petition – 9 of which have signed the petition. Just to refresh you on how this went before the Planning Commission. They voted unanimously to recommend approval of this annexation and rezoning.
Mayor: Okay thank you Mr. Dyrhaug. I’ll entertain a motion in this regard so that we can have some discussion. I’ll entertain a motion so that we don’t have discussion it doesn’t matter I’ll just entertain a motion.
Mr. Larson: I make a motion that we approve AXZ-2007-04
Mayor: Thank you Mr. Larson do I hear a second
Mr. Bridges: Second
Mayor: Mr. Bridges seconds. Discussion. Well I have some discussion – Mr. Dyrhaug while we’re warming up there you heard some questions asked earlier specifically about parcel number 7 in this annexation. Perhaps with the help of the City Attorney we can now get that answered because I’d like to know that answer myself if what the gentleman said that spoke a little earlier tonight is legitimate I want to know why have we missed that.
Mr. Holmes: I will be happy to meet with you all in Executive Session to provide legal advice but suffice it to say I’ve looked at the issue, I’ve expressed in a written opinion that I’ve provided to City staff that’s privileged of course that this is a legal annexation using the 75% petition method. I will tell you that I specifically looked at the question this gentleman raised. It’s my opinion the petition is appropriate and City Council could vote it through.
Mayor: Okay. Any other discussion. So it wouldn’t be appropriate for us to talk about that here because this is a legal issue.
Mr. Holmes: Well I don’t normally provide council with that type of legal advice in public, particularly under these circumstances. But the question is whether the property is contiguous under the statute. It’s my opinion it meets the contiguity requirements of the Statute that is set forth in SC Code §5-3-305.
Mayor: Okay that’s a little better answer. So your opinion is that it is – it meets all those criteria
Mr. Holmes: Yes sir.
Mayor: All right. Anyone else. Do you have something that you want to tell us about now that you have your picture up there. All right parcel 7 is that same parcel that we talked about before I believe. Okay. All right, hearing no further discussion I’ll call for the vote. All those in favor signify by saying Aye (AYE) opposed No. Aye’s have it it is unanimous. So thank you Mr. Dyrhaug. And by the way that was second and final reading. I’m sorry.
Mr. Holmes: Mr. Mayor on that one issue if I could get a motion just to amend that ordinance for some reason there are some provisions that did not get in the ordinance, and I’m not sure why, but those provisions are that you have to – first of all it needs to stay in your flood insurance maps so that we make sure when you annex property it comes in and it’s under the same flood insurance program that you have. It is subject to pre-clearance with the Justice Department. In addition you are imposing a special tax district with Metropolitan Sewer Subdistrict and I drafted language and finally that you are also going to have a Council Ward assignment. It’s something we really need to be doing every time you annex property. It would be specifically assigned by council to a specific ward so that when we notify the Justice Department we’ll notify them what ward this will go in and frankly off the top of my head I’m not certain but I think this would be Mr. Larson’s ward – I’m just guessing and if that’s the case it would reflect it as being Council Ward VI. That way when we go to the Voter Registration Commission they know where to assign this. Currently they’re assigning all of your annexations to the Ward that the annexation is most contiguous to but sometimes a question may come up that it may be contiguous to more than one ward. But just to make sure I think that is something that you all ought to be doing and I’ve written that language if there could just be a motion that would amend this annexation to have the flood insurance program, pre-clearance by the Justice Department and the assignment to Council Ward and finally that it is imposed by the Metropolitan Sewer Subdistrict.
Mayor: I’m sure somebody up here wants to make that motion.
Mr. Larson: Can I paraphrase
Mayor: Yeah that will be good enough
Mr. Larson: I make the motion that we amend the annexation to include the flood insurance provision, the clearance with the Justice Department, the Ward Assignment and what was the last one – oh the sewer issue.
Mayor: All right was that clear enough
Mr. Holmes: Yes sir.
Mayor: All right do I hear a second
Ms. Bagwell: Second
Mayor: Ms. Bagwell seconds. Any discussion. All right hearing none I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous.
• AXZ-2007-05 Helen Richardson Property Mayor: All right Mr. Dyrhaug the Helen Richardson Property 2007-05.
Mr. Dyrhaug: That’s correct, next on the Agenda is Docket Number AXZ-2007-05 for second reading. This is a request to annex and rezone a single property owned by Helen Richardson that’s located along Neely Ferry Road. The applicant would like to market this property for mixed-use development and the Simpsonville Planning Commission voted 4-0 to recommend to the City Council approval of the requested rezoning to PD.
Mayor: Thank you Mr. Dyrhaug. I’ll entertain a motion,.
Mr. Garrett: I make a motion that we accept AXZ-2007-05 Helen Richardson property.
Mayor: Thank you Mr. Garrett Do I hear a second
Ms. Lawrence: Second
Mayor: Ms. Lawrence seconds, thank you Ms. Lawrence.
Mr. Holmes: And Mr. Mayor just as a point of order the same things would be included – it’s not in your printed copy so we’d need to have the same language in this one. We’re going to see that that’s in all of your annexations.
Mayor: Shall we just ask him to include that language in his motion so we don’t have to go back and – Mr. Garrett would you include that language in your motion
Mr. Garrett: I’ll include that language in my motion.
Mayor: Thank you Mr. Garrett
Mr. Garrett: Your welcome. I couldn’t remember what all he said.
Mayor: And I’m sure Ms. Lawrence seconds that
Ms. Lawrence: Yes
Mayor: Okay now discussion. All right hearing none I’ll call for the vote. I’ll remind council this is second and final reading. All in favor signify by saying Aye (AYE) opposed no. Aye’s have it it’s unanimous.
• Z-2007-04 – Heritage Crest Rezoning Mayor: All right Mr. Dyrhaug Heritage Crest Rezoning.
Mr. Dyrhaug: All right I’d like to present from the Agenda docket number Z-2007-04 for second reading. This is a request to rezone a single property owned by Glenda Jones located adjacent to Heritage Park . Presently this property is zoned I-1 which is Industrial. The zone that’s been requested is PD. The applicant has presented a true mixed use community on this strip that would be called Heritage Crest. Last month the development that was presented would consist up to 340 apartments, 285 townhouse units and 215 single family lots. The over all density was 5.28 units per acre. In addition there was 28 acres of green space in this project. 13 acres of office development, 2.5 acres of commercial development and 16 acres of land that was going to be donated to the City for use as parking facility associated with Heritage Park . Since that time the applicant has reconfigured the proposed development of this tract and because of the changes that the developer is proposing we would like to actually recommend that you refer this rezoning request back to the Planning Commission so that they can look over these changes and give it their blessing and then send it back to you for second reading.
Mayor: All right sir, well that sounds appropriate to me. Ms. Lawrence
Ms. Lawrence: I make a motion we return Heritage Crest to the Planning Commission
Mr. Garrett Second
Mayor: Thank you Ms. Lawrence and Mr. Garrett seconds, thank you Mr. Garrett. All those in favor signify by saying Aye (AYE) opposed No. Aye’s have it we will send that back to our friends on the Planning Commission.
ANNEXATIONS/REZONINGS (First Redings) • AXZ-2007-06 – W. Georgia Rd – Maldonado Property Mayor: All right Mr. Dyrhaug tell us about the Maldonado Property AXZ-2007-06.
Mr. Dyrhaug: Okay I’d like to present docket number AXZ-2007-06 for first reading. This is a request to annex and rezone two properties owned by Juan Maldonado that’s located at the intersection of W. Georgia Road and Hammond Road and they’re shown here on the map on the wall. It’s a pinkish color. Currently the properties are zoned RS and the zone that’s being requested is PD. By a vote of 6-0 the Simpsonville Planning Commission has voted to recommend to the City approval of the requested rezoning to PD.
Mayor: Okay, I’ll entertain a motion. Mr. Larson
Mr. Larson: I’ll make a motion that we approve the annexation of AXZ-2007-06
Mayor: Thank you Mr. Larson do I hear a second
Ms. Lawrence: Second
Mayor: Ms. Lawrence seconds. Discussion. Okay, hearing none I’ll remind council that this is first reading and I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous. Thank you Mr. Dyrhaug I understand you have some text amendments for us tonight.
TEXT AMENDMENTS (Second Reading ) • TX-2007-05 Screening standards for service areas Mr. Dyrhaug: Just one tonight. This is – I’d like to present docket number TX-2007-05 for second reading. This is a text amendment that modifies the screening standards for service areas on non-residential properties. I’ll just refresh your minds on this text amendment. Section 10:4.9 presently requires screening of non-residential service areas including truck docks, loading and shipping bays, refuse containers, unenclosed storage areas and utility and equipment areas. Specifically these areas are to be screened from view of any public or private street right of way and from any residential uses. Screening is to be achieved either by a closed fence or wall with supplemental landscaping or a row of evergreen plant material and in attempting to apply these standards staff has encountered situations in which this section is difficult to apply. The proposed text amendment would tighten up the language of this section and apply more consistent and reasonable standards. The text amendments would have the following modifications. First it replaces the term unenclosed material storage with the term outdoor storage and includes the definition of that term. This is to clear up any of the ambiguity behind the term that we presently have in that section. The second modification would be to apply a consistent height requirement for screens of 6 feet tall. Currently the height requirement set forth by the height of the structure that’s being screened and in some cases there just is not an identifiable structure with what’s required to be screened so this would help eliminate the confusion of how tall the screen needs to be. And lastly this text amendment would identify exemptions for activities and this would include outdoor dining, outdoor sales and display and active construction sites because generally we don’t think of those activities needing any screening but from a technical standpoint they could be construed to be required to be screened as the section is currently written so we’d like to specifically identify those as being exempt from meeting any screening. And again the Planning Commission voted 5-0 to recommend to the City Council approval of this proposed text amendment.
Mayor: Thank you Mr. Dyrhaug I’ll entertain a motion,.
Ms. Bagwell: I move that we accept text amendment TX-2007-05 concerning screening standards for service areas as recommended by staff.
Mayor: Thank you Ms. Bagwell do I hear a second
Ms. Lawrence: Second
Mayor: Discussion.
Mr. Garrett: I have one question.
Mayor: Mr. Garrett
Mr. Garrett: Mr. Dyrhaug does this include existing
Mr. Dyrhaug: Existing facilities won’t be affected by this unless they undergo redevelopment of the property. SO this won’t place a new requirement on any existing situations that perhaps wouldn’t meet the new requirement they would just be treated as a non-conforming item pertaining to the development which would be treated just the same as any other ordinance we pass and create a non-conforming situation.
Mayor: Okay anyone else. That was a great question. All right, hearing no further discussion I’ll remind council this is second and final reading. All those in favor signify by saying Aye (AYE) opposed No. Aye’s have it – I can’t believe it it’s unanimous. All right. Thank you Mr. Dyrhaug you have done your duty.
EXECUTIVE SESSION: • Contractual Matter Administration Department Mayor: We have a need for an Executive Session to discuss a Contractual Matter relating to the Administration Department. Do we still need that Mr. Hawes
Mr. Hawes: Yes sir.
Mayor: All right, I’ll entertain a motion. Ms. Bagwell
Ms. Bagwell: I move we go into Executive Session to discuss a contractual matter.
Ms. Lawrence: Second
Mayor: Ms. Lawrence seconds. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous. We are in recess and will go into Executive Session. Thank you all for coming tonight and of course Merry Christmas and Happy New Year. We won’t see you again until next year.
Came out of Executive Session – No action was taken.
ADJOURNMENT Mayor: All right now Ms. Lawrence do you have anything you’d like to say.
Ms. Lawrence: Yes Mr. Mayor I make a motion we adjourn
Mayor: Do I hear a second
Mr. Larson: Second
Mayor: I thank you Mr. Larson the motion has been seconded. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it we are adjourned.
Respectfully submitted,
PAMELA J. BODKINS City Clerk |
|
|
| 118 N E Main Street, Simpsonville, SC 29681 |
|