 |
 |
 |
|
| 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 August 14, 2007 6:30 P.M.
CALL TO ORDER: Mr. Bridges: I’d like to welcome all of you here tonight. Due to the fact that the Mayor and the Mayor Pro Tempore are out of town it falls on my shoulders to handle this. I’m not too much used to it but I’ll try to get through it without too much problems. And we’re going to try to make it as short as we can. That’s one of the goals that I always have. Ms. Bodkins would you call the roll please.
ROLL CALL: Ms. Bodkins: Yes sir: Councilmember Bridges: Here Councilmember Garrett: Here Councilmember Lawrence: Absent Councilmember Bagwell: Here Councilmember Zitricki: Here Councilmember Larson: Here Mayor Waldrop: Absent
INVOCATION Mr. Bridges: Is there anyone here who would like to ask blessings on this meeting in your own way. Not seeing any hands I’ll call Mr. Larson.
Mr. Larson: I’d like to ask Mr. Lanny Montgomery who’s a Colonel if he would give us the honor. Lanny’s one of Simpsonville’s most honored citizens.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF 07/10/07 and 07/24/07 Mr. Bridges: All right, council you have seen the minutes, I’m sure read them and I’ll ask for a motion to approve the minutes of 07/10/07 and 07/24/07 meetings. Ms. Bagwell
Ms. Bagwell: I move that we approve the minutes of the 7/10/07 and 7/24/07 meetings as they were delivered to us.
Mr. Bridges: Do I have a second.
Mr. Larson: Second
Mr. Bridges: I’ve got a second. All right, all in favor signify by saying Aye (AYE)
REVIEW OF MONTHLY REPORTS Mr. Bridges: All right next item is review of monthly reports and I believe we’ve all read them and we appreciate the work of the Department Heads for putting those together and thank you again very much,.
CITIZEN COMMENTS Mr. Bridges: Now is the time for citizen comments. We have 3 people who have signed up to speak. Having signed up we can allot you about 4 minutes each. So, the first one on the list is Mr. Gary Gray. If you would give us your name – well I’ve got your name but your address.
• Gary Gray – 101 Richmond Court , Simpsonville – that is in the back of Powderhorn Subdivision. I’m the current President of the Homeowner’s Association in Powderhorn and I’m here to speak about the noise ordinance that we’ve been reviewing for construction noise. Basically, Powderhorn has had the pleasure or displeasure of not one but two subdivisions built adjacent to it pretty much at the same time. We went through at least six months of major grading, major equipment, the whole landscape was changed and now we’re starting with quite a large amount of houses being built. We’re basically on a point – kind of a peninsula into the two subdivision – so we’ve not only had Heritage Creek we’ve had Heritage Pointe both growing. The complaints in the neighborhood from the neighbors are pretty much it just goes on a tremendous amount of time. We have people starting up at 7:00 a.m. on Sunday mornings and going to way past dark in the evenings. I believe I heard stories of them pointing car lights at the buildings so they could put on the sidings. So things are going quite late. It’s a disruption and we’d just like to see if there’s something we can do to make a more reasonable time period available. I believe our current situation is that working hours are defined 7:00 a.m. until 10:00 p.m. I believe that’s the current code in the City and we’d just like to see if there’s something we can do to further restrict that. Possibly shortening the hours. We would like to see some relief on Sunday in as much respect for a religious day as just a simple respect for a day of rest. A day that people can be around the home and have a little less disruption. We’re not asking for a total ban – people want to come in and hang drywall or do inside work – things like that that will be less disruptive. This is not only for our benefit but it’s also for the benefit of the people in Heritage Pointe, because as their subdivision finishes off they’re going to be subject from all angles the same way we are. We get a little more noise than they do because we sit up on the hill. But they’re going to have to live with the same situation that we are. So, we’d like you to approach that in earnest and thank you very much for your help.
Mr. Bridges: Thank you. Next we have Sandy Findlay.
• Sandy Findlay – 1101 Powderhorn Dr Simpsonville – I live directly across from Mr. Gray which abuts the new subdivision that’s coming in. I was born and raised in Mauldin and moved to Simpsonville to get away from the hustle and bustle and I primarily chose Powderhorn because it was a quiet and peaceful neighborhood. Well that has changed. On numerous occasions I’ve gone and talked to the folks there – doing the construction – “Can you give us a break on Sunday morning – help us out a little bit here – we realize you’ve got to work – you’ve got to make money – we understand that. So I tried that a couple times and then I called Simpsonville Police. And he came out – a very nice man – Officer Williams, case number 050710072 and he said sir they’re completely within the law. There’s nothing I can do. He said I understand your complaint but there’s nothing I can do about it. So, from there I went and I talked with the Project Manager McKarr Homes, his name’s Jeremy Young, and I asked him pretty much the same question. I said can you stop off at 7:00 at night and his response to me was I got to meet my schedule. And I said well how about can you give us some relief on a Saturday again – his response was “I got to meet my schedule”. And I said well how about Sunday can you maybe wait till noon again same response “I got to meet my schedule”. Okay, so I went from there – had a great vacation at Folly Beach and I noticed down there they shut down at 6:00. No construction on Saturday and Sunday. So I got back and I called the girl down there by the name of Mary Cunningham and I said how’d you all handle this situation. And she said we got a response from our realtors that people weren’t coming back here again – there’s too much noise going on. We come down here for peace and quiet. And I said, will you send me a copy of your noise ordinance. And she did and I forwarded that to Mr. Larson and I guess he’s worked that through you guys and I’m proposing that we do something very similar to what they’ve – I realize those guys got to work but there’s 168 work hours in a week – I mean total hours in a week. All right, if they work 5 days a week from 7:00 – 7:00 that’s 60 hours that you can make noise. Now if they want to work at 3:00 in the morning and put up sheet rock and paint we don’t care. But a prime example, I’m looking to see if my friend’s here to back this up – a friend that lives 3 doors down from me has a young child 2 years old and they’re presently building a house right behind his house – I’m going to estimate about 75 feet. 7:00 last Sunday morning they were out there with cranes – they were putting trusses up. That means 3-4 nail hammers going – that means a crane going – that means beep, beep beep going on at 7:00 on Sunday morning.
Mr. Bridges: You’re getting pretty close to your time limit so –
Mr. Finlay: All right well I just want to wrap that up but Sunday morning 7:00 with a young child in bed – I’m trying to sleep – they’re trying to sleep – we need some relief there and I’ll close it up short here. I would just like to strongly urge that you folks do something with the noise ordinance and time is of the essence. Thank you so much for your time.
Mr. Bridges: Thank you. Next we have Mr. Jonathan Munson – the late arrival.
• Jonathan Munson – Advance America – two locations in Simpsonville I’m here tonight to talk about the text amendments to the zoning ordinance and we’d like this council to make an informed decision about the zoning ordinance. I get the distinct impression that the reason council has considered it or wants to adopt the zoning ordinance, and I may be wrong, is because they are uninformed about pay day lending and the benefits it provides to consumers and want to zone us out and kind of restrict in hopes also of have the citizens, your constituents not use our service. But I personally like pictures more than I like to read things so I made two simple charts of a comparison of NSF fees here in Simpsonville to a typical pay day loan fee here. And why your citizens of Simpsonville use it. Here on the left we called Sun Trust in Simpsonville, if you bounce a $100 check it’s $35 NSF fee, Community First Credit Union at the 500 block here in the City limits charge $27. We charge $15 for a $100 two week loan. In addition to the $35 bank fee and the $27 bank fee, the merchant, such as a Wal-Mart or grocery store that you write the check to could also charge you a $20 fee. So here a consumer has the choice of either coming to a pay day lender and for a $15 borrowing $100 for about two weeks or until the next pay day will be forced to either choose, to either go down to S-1 which is probably in my estimation less than 2% of the whole land mass here in the City of Simpsonville, it seems very small. Or bounced check – Sun Trust you can pay $55 – Community First $47 or $15. And this is only part of the reasons why the citizens of Simpsonville use our typical pay day loan service. If you consider the SC Legislature that says – that let’s merchants, such as your Wal-Mart or Ingles or grocery stores charge treble damages for the amount of a bounced check – if I bounce $100 check they can collect three times that amount in damages from them. So now the graph really looks more like this. If I’m a consumer in Simpsonville I have the choice of borrowing $15 from a pay day lender or going and bouncing a $100 check. I’ll pay a $35 NSF fee to Sun Trust and a $20 merchant fee but the merchant if they sue me in Magistrate Court can get $300. And I think this is a very compelling picture and just shows a glimpse of why consumers average, hard working Americans who most earn over $40,000 a year – most own their own homes – use pay day lenders and why I think it’s a good alternative to these that I’ve demonstrated here. Also it’s a good alternative to a late credit card payment fee of somewhere in the neighborhood of $29 - $35. Also utility disconnect fees. I encourage you to consider that before you adopt the zoning ordinance. And I invite any of you if you want to visit our centers and talk to our customers, I’d be glad to take any one of you into our centers and help you make an informed decision. And essentially I don’t think Simpsonville needs a zoning ordinance. Your constituents have said hey look we use this service, it’s a valuable service, hence there’s 8 or 9 pay day lending stores here. So I ask you to carefully consider making an informed decision and I’d be happy to answer any questions. However, I know you really don’t take them at this time.
Mr. Bridges: Any questions. Thank you very much.
CITY ADMINISTRATOR’S REPORT Mr. Bridges: All right, now it’s time for our City Administrator’s Report. Mr. Hawes
Mr. Hawes: Yes sir, Chairman Bridges. First of all I want to touch on a proposal that is on our Agenda. This is a proposal to use the City’s amphitheater regarding an event for an annual Christian Musical Festival “Shout Fest”. This is a touring festival with multiple bands that would fit well with our amphitheater. And we’ll get a little more specific into that in the Agenda item. This would be held in late October and I will speak to that later in the Agenda.
I want to let City Council know about the Municipal Association Upstate Road Show meeting. After an impressive tour of Simpsonville during the Greenville Municipal Association conference last month, the Municipal Association of SC leaders were looking for a place to hold their next upstate meeting. We worked with them to allow us to host it at the Senior and Activity Center right here in town. This meeting is scheduled for Thursday, October 11 th from 11:30 to 1:30. The Hometown SC Road Shows are held in 3 areas across the state and I for one am proud that Simpsonville was chosen as the place that our state leaders will confer to consider very important issues at this Hometown SC Road Show. So I think it’s a real feather in our cap.
Fire Department Capital Program implementation – representatives from the City, including myself, Mayor Waldrop attended the past weeks County Council meeting to present the Capital Improvement Program, approved by City Council for the Fire Department. This was as part of our on-going contract with the County for the provision of fire services in a designated area outside the City limits. County Council voted unanimously in support of our plan on second reading. There is one more reading at the next County Council meeting. Fire Chief Jess Major and Finance Director Bob Harrison are to be commended on their preparatory efforts on this issue.
Regarding some transportation issues with the City. We’ve been involved in regional transportation planning with such influential groups as GPATS, that’s the Greenville/Pickens area transportation study, which is the Metropolitan Planning Organization that divvies out millions of dollars of federal funding. The Legislative Delegation Transportation Committee, which divvies out millions of dollars of state funding among others. I was recently appointed to the GPATS Technical Study Committee, which is charged with analysis of data for the purpose of prioritizing road funding needs. We have some interesting possibilities in Simpsonville that will definitely receive due consideration from that group.
Event Information – our next meeting of City Council is our workshop meeting on August 28 th . And I’m open to any questions or during Council Comments.
Mr. Bridges: Any questions.
COUNCIL COMMENTS Mr. Bridges: Okay – now it’s time for council comments. We’ll start at that end.
Mr. Larson: I just wanted to make a quick comment that I thought the Employee Appreciation event on Saturday was very very nicely put on and I appreciate all the employees that came out and worked so hard to make that happen, in addition to all the hard work everyone did for Freedom Weekend Aloft. So, it was a good event.
Mr. Zitricki: Mr. Hawes, just a couple of things. First I’d like to send a commendation out to Sonic. Last weekend they lost their computer system and they generously gave people who were going to use their bank card, either a credit card or debit card – they couldn’t accept those but they gave the people free food of whatever they were ordering. And that wasn’t just 1 or 2 people, I heard it was over 100 people. That was very nice of them.
Mr. Hawes: It’s unusual
Mr. Zitricki: Instead of turning people away they just kept serving. So I just want to give them my thanks for doing that. Also I’m sure you’ve noticed that there’s some more vacant buildings showing up in Simpsonville. And there’s some big buildings that are coming open, mainly the Bi-Lo building and those are in prime locations, near freeway entrance and exit – they should be highly marketable. I just want to know what the City’s doing as a whole to try to bring business in to try to market these areas and to try to bring in a high quality business here.
Mr. Hawes: Well that’s a very good question regarding the vacancy of prime property. The City is always involved in trying to develop properties or work with developers to make the City the best it can be. And in that we want to make sure that the highest and best use of properties are realized. I would say, and probably you all would agree, that the highest and best use of that particular shopping center, the old Bi-Lo Center at Fairview and I-385 is not being realized with an 80% vacant shopping center and that is a concern. That’s a primary gateway to the City. One thing the City is doing is it’s involved in creating a corridor effect from the Fairview Road Bridge right through downtown. Up Fairview and down Main Street and that will improve the appearance as you come into town. But a vacant shopping center is quite detrimental to that, particularly one that is languishing, I guess is the best way to put it. We have been in contact with some commercial real estate firms who are considering that particular parcel, to determine if they may be able to either acquire it or work with the current owner of the property to redevelop that property into something that’s much closer to the highest and best use than what it currently is. In our initial efforts I think there’s some positives that are going to be had from that.
Mr. Zitricki: Can you keep us up to date on that progress that this takes at our next meeting.
Mr. Hawes: Certainly
Mr. Zitricki: Thank you I appreciate that. Also could you give us a brief run down on the streetscape project. How is that progressing.
Mr. Hawes: Well the streetscape project is moving forward. Actually our Public Works man, Joe Carter, has been out the past 2 ½ weeks and he is the project manager on that project. So, it was held up while he is out of town. He will be back in town tomorrow. He was actually expected back today but he had some airline difficulties, as a lot of people are experiencing nowadays with the flights that we’ve got over booked and so forth. But we do expect him back tomorrow from his vacation and we’ll be full forward on that project again at that time.
Mr. Zitricki: Thank you. That’s all.
Ms. Bagwell: Mr. Hawes, should I assume then with Mr. Carter not being here that you’ve not had the opportunity to talk with him about the drainage culvert over on Woodcliff.
Mr. Hawes: That’s correct.
Ms. Bagwell: If you’ll just keep me informed of that.
Mr. Hawes: I will do that.
Mr. Garrett: Mr. Hawes, also on South Street across from the old Bi-Lo Center that Texaco station that’s been vacant for about 2 years now I guess. Unless it’s happened in the last few days, the grass needs cutting down there and I was wondering if the City could take care of it and somehow bill for it – or at least clean it up because it’s looking really sad.
Mr. Hawes: Certainly, the City has provisions whereby we can bill property owners for nuisance overgrowth.
Mr. Larson: Just a question. I was trying to remember where several months ago when we talked about the intersection of Fairview and Main Street and we had talked about doing some landscaping there. Is that going to move forward or what’s the status on that.
Mr. Hawes: Well I think we talked about the corridor effect that we’re looking to create. As far as landscaping, we don’t own the property there, that’s railroad and SCDOT property. If the City were to consider something along those lines, we really need to fashion a proposal to the railroad or SCDOT regarding what we intend to do. Perhaps we could discuss that in a workshop as to what City Council would like to do. There is nothing budgeted right now for that.
Mr. Larson: Okay.
Mr. Bridges: Okay
Ms. Bagwell: Mr. Hawes it was brought to my attention and it makes sense – Grandview and Fairview where you’re coming right there in front of Ruby Tuesday’s. I know that is a State maintained street in that area, if I’m not mistaken. Is there anyway we can contact the State and ask them about making that a three lane where you can go straight in the middle, right – turn right. That backs up so far down Grandview Drive that it is unbelievable. They’ve got a left-hand turn lane but they’ve got one other lane and there’s plenty of room there for 3.
Mr. Hawes: We can certainly request that.
Ms. Bagwell: Would you please take care of that. Thank you.
Mr. Bridges: Okay, any others. I have one. I believe Mr. Zitricki mentioned last time, I think it was you – the lights if you come off of 385 on the West Georgia Road , if you come off of there at night, those lights are right in your eyes. It almost blinds you. Did you do that – who did it – he’s not going to admit it now. Any way, that needs to be corrected some way. I think it’s dangerous.
Mr. Hawes: These lights are –
Mr. Zitricki: It’s back in the – excuse me – it’s back in the buildings – I think a bar back there or a lounge back there off the freeway going back towards Simpsonville, as you come off – coming towards Simpsonville off of Georgia Road and it’s down in a culvert there. The lights are COBRA lights or something but they are shielded and they are right in your eyes looking off the freeway.
Mr. Hawes: Yeah, we can contact folks about any impedance to traffic flow because of blinding lights.
Mr. Zitricki: They could shield it somehow from the front that would be a great help.
Mr. Hawes: We can look into that that’s no problem.
Mr. Bridges: Thank you. I have one other comment to. I’m getting comments about the air conditioning in the park –
Mr. Hawes: The Community Building
Mr. Bridges: The Community Building – it seems to work sporadically and it has been doing that for years I know, so if by the next meeting after you find some way to fix that – I don’t mean for it to be fixed by that time but if we can discuss it at the workshop.
Mr. Hawes: We can look at it. My understanding from folks who maintain that building was that the air conditioning was working all summer long. I wasn’t aware that it wasn’t.
Mr. Bridges: It was pointed out to me this week.
Mr. Hawes: Okay so this is something recent. Okay I’ll take a look at that no problem. We’ll look into that.
Mr. Bridges: All right. Any more comments. All right.
AWARDS PRESENTATION – Chief Reece Mr. Bridges: All right we have an Awards Presentation by the Chief. Chief Reece is he not here. There he is.
Chief Reece: Thank you Mr. Bridges and members of Council. I brought Lt. O’Neil with me tonight to give out some awards to some folks who words just won’t describe how much the Police Department appreciates the service that they gave to this City during Freedom Weekend Aloft. And those organizations are, the SC State Guard, and SC Constables Association, but also our in-house folks, the Fire Chief, Jess Major was very instrumental in working with us, just above and beyond the call of duty, as did Joe Carter and Robbie Davis. So tonight in thanks for them, and I know this has been a little late coming with some scheduling and other issues, this has been going on with the Police Department, I’ll talk about that in a minute, we’re just now getting to it. But I want them to know publicly, and I want you to see them and you to thank them for all the hard work they did for us, because without them we couldn’t have made Freedom Weekend what it was. So I’m going to call them up and give them an award.
I’m going to let Lt. O’Neil read the plaque and then I’ll hand them out to them.
Lt. O’Neil: Okay it’s a community service award 2007 it says “In recognition of outstanding community service to the community of Simpsonville Police Department, we honor Lt. Colonel Ray Pitts is the first one off the top, but all of them say the same thing, and of course it also says for dedication and excellence in serving our community.”
Chief Reece: Colonel Pitts, from the City as a whole I want to thank you for what you did.
Lt. O’Neil: Okay the next one is for Lt. Colonel Montgomery.
Chief Reece: From the City as a whole I want to thank you for what you did.
Mr. Montgomery: We appreciate what you all do. Thank you very much.
Lt. O’Neil: Okay, and Colonel James Byrd
Chief Reece: I got to tell you all a story while Colonel Byrd comes up. Colonel Byrd is a man of many jobs, he’s the Chairman of the Planning Commission for McCormick County , Edgefield County , excuse me, he’s with the Sheriff’s Department down there, SC State Guard. I asked him before we came in here today Colonel how do you possibly keep up with all those jobs and he said I just go and do it. But Lt. O’Neil told me while Freedom Weekend was going on she said Chief if we can hire one person let’s hire Colonel Byrd full time because he was just right on the job.
Lt. O’Neil: I tried to recruit him but he wouldn’t. Okay the next one is for Colonel Wright with the SC Constables Association.
Chief Reece: And as you all know Colonel Wright and the constables do more for us than just Freedom Weekend. That’s a constant thing with the Constables Association. Colonel on behalf of the City thank you we really appreciate it.
Lt. O’Neil: Okay, next we have the City Departments and the first one is for Chief Major with the Fire Department.
Chief Reece: Thank you on behalf of the City.
Chief Major: Thank you I appreciate that.
Chief Reece: And I will give them other two to Robbie and Joe when I see them. I want you to know though, I’ve been the Chief 7 years, and in the 7 years I’ve been the Chief this is the first time we have ever issued a Community Service Award to members that are not in the Police Department, to public service folks for coming in and helping us. So the 7 of these are the only 7 that’s ever been issued. And I want to thank you all again.
And while I have her standing here, words can’t express how much Lt. O’Neil has meant to me and the Police Department. She is my go-to person. She is that person I know I can assign a task and never have to go back and question or wonder if it’s done. It always is and it’s always correct. I wanted to come tonight and show you the Certificate of Accreditation for the Police Department. Lt. O’Neil and I went to Columbia and was questioned about our policies and procedures, and that accreditation is those departments within the state that maintain – those are your top 1% departments who earn this award. So we’ve been at this process for 6 years and she’s been right at the head of it for all 6 years. And I just wanted to publicly tell her tonight thank you I appreciate it. Her and I have also went out to other departments as assessors to see that other departments can gain the accreditation. And I’ve got to tell you. From setting there with her and setting next to her in these assessments and reading those files. I promise you Simpsonville Police Department is without a doubt in that top 1%. So this is our second award, and certainly it won’t be our last. I think I’ve got one more coming before maybe it’s someone else’s turn, but it’s an every 3 year deal so, I just wanted you all to know we gained it for the second time and I appreciate it.
Mr. Bridges: I think I can speak for all of council. We’re all proud of the Police Department, as well as the other departments. We thank you very much for your dedication to the job. Thank you.
NEW BUSINESS: • GCRA Service Program Allocations Mr. Bridges: Mr. Hawes you’re going to tell us about GCRA
Mr. Hawes: Yes sir, Mr. Chairman we’ve got a proposal here – this is regarding sub-recipient service program funding. This is allocated each year through GCRA, the CDBG Funds for service type activities. The application funding cycle was completed, there was one request from outside the City’s programs for these funds and that was the Golden Strip Center for $8,000. The City always funds its programs, Senior Citizen programming, youth programs, through these funds through this funding allocation. And what you have before you is our proposal to allocate the funds as such. Golden Strip Center at $8,000, Senior Citizen Program $8,933 and Youth Programs $6,000. And this would go on a simple motion.
Mr. Bridges: Do I hear a motion to adopt this schedule.
Mr. Zitricki: Mr. Chairman I make a recommendation that we accept the proposal from Mr. Hawes for the GCRA funding as read.
Mr. Larson: Second
Mr. Bridges: Okay – any discussion.
Ms. Bagwell: I have a question
Mr. Bridges: All right
Ms. Bagwell: Mr. Hawes – did you remember how much we gave the Golden Strip Center last year.
Mr. Hawes: It was $8,000
Ms. Bagwell: It was the same – okay.
Mr. Bridges: Any other questions, comments. All right I’ll call for the vote. All in favor of this signify by saying Aye (AYE) all opposed – it passes.
• C-Fund Match Program Participation Mr. Bridges: And now the C-Fund Match Program – Mr. Hawes
Mr. Hawes: Yes sir, Mr. Bridges this program is a renewal of the program the City has participated in previously whereby the C-Funds Committee, the Greenville Legislative Delegation Transportation Committee allocates state-wide gas taxes that are returned to the County for allocation to specific projects. They have created – this committee has created a match program where individual municipalities and the county can provide “x” number of funding up to $150,000 and receive the same amount from the Legislative Delegation Transportation Committee in C-Funds. So in other words it’s a C-Fund match. If the City puts up $150,000 the C-Funds Committee will put up $150,000 – we’ll get $300,000 worth of re-surfacing, and this is specifically for re-surfacing existing roads, not for new roads or anything along those lines. It used to be a $100,000 maximum that was allowed from the cities. They bumped that to $150,000 this year and my recommendation is that the City Council affirm our participation in this effort to the tune of $150,000.
Mr. Bridges: All right do I hear a motion that we affirm that $150,000 contribution or match fund.
Mr. Larson: I’ll make the motion that we affirm the $150,000 match to the C-Fund.
Mr. Bridges: Second
Ms. Bagwell: Second
Mr. Bridges: All right, you seconded, any discussion. Mr. Zitricki
Mr. Zitricki: Mr. Hawes what have we budgeted for this matching this year $100,000
Mr. Hawes: $100,000 was budgeted, however –
Mr. Zitricki: Where would the $50,000 come from
Mr. Hawes: The other $50,000 would most likely come from the remainder of the bond issue that was done that we were holding in abeyance on the Davenport Road . This will allow us to take that funding and the $100,000 we were going to put in any way and get another $150,000 back – so we can do a really nice re-surfacing.
Mr. Zitricki: Very good.
Mr. Bridges: Any comments or questions. If not I’ll call for the vote. All in those in favor say Aye (AYE) all opposed – and it passes unanimously.
• Amphitheater Event Proposal Mr. Bridges: All right the next item is the Amphitheater event Proposal. I guess that’s the Shout Fest.
Mr. Hawes: Yes sir, Mr. Chairman. This is a request to the City of Simpsonville for the use of our Amphitheater on October 21 st for a one day event, self-contained event called Shout Fest ’07. This is a Christian Music Festival, that also involves extreme type games, bungee jumping and things along those lines. We were approached by the Westside Baptist Church regarding this and they have indicated to me that up to 30 churches would participate in this event if it were to come to Simpsonville. This event size plays very well to our amphitheater. We have an existing stage. They bring a covering for the stage, they do a rain or shine event. They come in in the morning on a Sunday of the event, on the day of the event, basically, it would be a Sunday, and they set up – have it ready to go at 1:00. 15 bands come in – self contained unit – they play until 9-10 at night and then they break down and they’re gone. It’s like – it’s almost like a traveling circus is the best way I can describe it. But it’s really for a very good cause – you know spreading the gospel and it’s something that fits with the charge of our amphitheater I think for community groups and positive use of the amphitheater. Now this particular use I’ve discussed with the leaders, Mr. Lyles of Westside Baptist Church, exactly how it would be operated, certainly there would be a need for security because this would be an event that would draw somewhere between 5,000-8,000 people. So we would operate this with an agreement, a contractual agreement between Westside Baptist and Simpsonville that would identify exactly how security would be handled, parking. There is enough parking to accommodate this type of activity at the location as it is using the existing parking on the facility and next door parking on the lot between ParaChem and Heritage Park . So, one of the requirements that I would recommend is that City Police be used in security and that any security and transportation planning be done through our Chief of Police, so we’ve had that discussion. Certainly Fire is included in the security aspect of it, the fire provision be readied by our Fire Department and EMS as well. So, through these discussions I think we have a workable plan and we’ve got an approach that would be a positive thing for the City and for Westside Baptist and the other churches and for Shout Festival ’07 to be held October 21 st and I would just ask the councils’ blessing on that.
Mr. Bridges: No vote. Or do you need a vote
Mr. Hawes: Well a vote of support would be fine – that you authorize me to enter into a contract for this purpose.
Mr. Bridges: All right, we may want to discuss it a little bit. Do I have a motion to enter.
Ms. Bagwell: I move that we instruct Mr. Hawes to enter into a contract with Shout Fest
Mr. Hawes: It’s actually Westside Baptist
Ms. Bagwell: With Westside Baptist in order to have Shout Fest ’07 at Heritage Park on October 21 st
Mr. Bridges A second
Mr. Zitricki: I’ll second it.
Mr. Bridges: All right, any comments or questions or – he gave us a lot of information but I’m sure there’s more questions.
Mr. Larson: Mr. Hawes, is the City leasing the amphitheater to – for this event or just –
Mr. Hawes: There would be a facility fee – a per ticket facility fee that would cover the use of the amphitheater.
Mr. Holmes: The answer is yes. The City is not sponsoring the event, it is simply renting the facility
Mr. Hawes: It would be in a lease agreement that is correct.
Mr. Larson: And if there was any additional clean-up or labor like that needed the following day or the following week
Mr. Hawes: That would be outlined in the agreement.
Mr. Larson: Okay – so it shouldn’t cost the City anything – it should actually bring some funds into the City
Mr. Hawes: That’s correct.
Mr. Bridges: Anyone else.
Mr. Larson: I think it’s a great thing.
Mr. Bridges: But you’ve figured the cost of police and fire and all that or you will.
Mr. Hawes: Yes, they will provide those costs, it will be solely upon the lessee.
Mr. Bridges: Any other questions or comments. Hearing none, I’ll call for the vote. All those in favor say Aye (AYE) all opposed No. That’s not my vote.
ORDINANCES – First Reading • Construction Noise Mr. Bridges: All right, Ordinances – First Reading. We have an ordinance on the construction noise that we’ve heard about already tonight. Mr. Hawes.
Mr. Hawes: Yes sir, what I was requested to do was to produce some options and one of the things I was involved with over the interim between our first discussion of this and where we are right now is discussions with our City Attorney, regarding what options are appropriate here on the noise ordinance. Basically we came to the conclusion that there are two options. Option I is to leave the ordinance as is. There have been minimal complaints since the ordinances inception and the protection from nuisances is built into this ordinance as it is. Option number II is to amend the ordinance to define daytime differently, such as sun-up to sun-down. The current ordinance sets daytime hours as 7:00 a.m. to 10:00 p.m. Upon this extensive review of the ordinance and the implication of changes as well as consultation with the City’s Attorney, I cannot recommend singling out any particular day of the week for different treatment, or any other options aside from these that are proposed. As far, as an ordinance, you may have first reading on an ordinance to amend here based on title and we could then craft the ordinance for second reading.
Mr. Bridges: Okay
Mr. Larson: What is the protection – the built-in protection from nuisances. I had a call last night from someone who lives in Powderhorn and it was 9:45 and they were holding the phone up so that I could hear the construction noise from their deck and apparently when the police officers were called out to try to intervene they were explained that there was no violation taking place. So what’s the built-in protection.
Mr. Hawes: I think one of the protections is perhaps a better interpretation of what we have could be useful from our Police Department. Because if noise is a nuisance, it doesn’t make any difference what time of day that occurs, is that not true David.
Mr. Holmes: Our current ordinance says that the noise becomes a nuisance in it’s character, the time its produced, its duration, its intensity, its volume and all of those types of things that would disturb a person of ordinary and reasonable sensibilities. For example, we successfully prosecuted restaurants who were playing music inside their building but it could be heard by neighbors, and because of its intensity and its duration it was too loud. The Police Department has a decimeter and they have the ability to actually go out and measure the number of decibels so that they can make some objective determinations about that.
Mr. Larson: Well I guess my question would be – say the example of last night at 9:45 – if that neighbor had called the dispatcher and an officer went out there would the officer have had the decibel meter with them to see if it was excessive noise or how would that be taken care of.
Mr. Holmes: The Chief is shaking his head no – I know we’ve had it and I know we’ve been out and used it on other cases. I don’t know if they – but the ordinance is written and it’s written that way on purpose so it doesn’t matter what it is. If it’s your neighbor who starts the car and they rev their engines – if someone takes a chain saw and starts cutting trees or branches or shrubs during those hours – in other words it doesn’t differentiate between the types of noise or who’s doing or making the noise or what reason they’re making the noise.
Mr. Bridges: Mr. Zitricki
Mr. Zitricki: It sounds to me like the hours are much too long. 9:45 at night people are winding down – most people and getting ready to go to work the next day – kids are getting ready to go to sleep and start school. 10:00 seems a little excessive for construction – maybe interior construction would be fine – but anything exterior would be – I would feel would be a nuisance. But if you don’t have a decibel meter to measure that you can’t be objective. Okay – it’s all my opinion of what’s a nuisance. I think we need to be a little more specific in our definition per se saying sun-up to sun-down. Or give a specific time and not 10:00 in the evening to limit this activity.
Mr. Larson: I don’t think the police officers want to get to be involved in being the sound police or the sound ordinance police. If we had 7:00 to 7:00 then that would be obviously a clear case of violation. You wouldn’t have to say well this is too loud or this is not too loud – you’d just say it’s after 7:00 p.m. you’re not to be making that noise.
Mr. Hawes: Well it’s still an interpretive aspect, regardless if it’s before or after 7:00 p.m. if you set it at 7:00 to 7:00. They’ve got to determine if it is inappropriate for that time. Because you’re allowed to make some noise after 7:00.
Mr. Larson: Right. But I think that could be the – wording could be determined in the way the ordinance is set up – you know running construction or power equipment or power tools.
Mr. Holmes: Mr. Larson this is the problem that we all face – if your neighbor decided they wanted to invite people over and have a BBQ outside at night and it was Monday night and it was going on at 9:00 or 10:00 at night you’d probably have reason to complain. But if it’s Friday night or Saturday night, most people understand that’s what we do. It may also make a difference if it’s in the winter time as opposed to being summer time when people are outside. When you start talking about construction sounds you’re going to have to define what construction is. Because painting or hanging sheet rock as this gentlemen said clearly is construction, but they don’t have a problem with that. So if we’re going to take – if you will some discretion out of it – then what we’re going to have to do is say that it has to be certain types of equipment run during certain hours and being very express about what’s allowed and what’s not. And that’s the difficulty all of us have in coming up with something – it just seems to me that we might want to change the hours of the day – the concern that I have with saying it will not happen at all on Sunday you need to express some reason for that other than some people have religious convictions because that’s the 7 th day of the week which should be set aside, because as you know that’s not something we can consider. The other issue is we just need to be careful about what we tell police is okay and what’s not. It’s like the United States Supreme Court says we can’t define pornography but I know it when I see it – that’s sort of what we’ve done with noise – it’s difficult to define but we understand and I think most people would agree that air hammers at 7:00 on Sunday morning ought to stop and they ought to be told to stop. And then maybe there’s some other mechanism the City can bring to bear to do that. But that’s unreasonable.
Mr. Hawes: If I could add – as I was saying perhaps we could clarify the interpretation of the ordinance so our City police officers when they are called out on a noise related issue could try to determine from what they’re hearing right there right then, if it is unreasonable to the average person. What should be expected for that particular circumstance, be it what time, day or night, within certain hours or not within certain hours. Really in the case of the 9:45 last night, if there was a lot of noise and it was dark outside and an officer were called out – I take it he wasn’t called
Mr. Larson: I don’t think they called them last night – I think they had called in the past – well like Mr. Finlay said – there are – there have been reports filed and I think that puts the officers in a bad situation –
Mr. Hawes: But that’s their job
Mr. Larson: What might be too much for one officer might be totally acceptable to another – they have to make their own judgment as far as what’s excessive noise.
Mr. Hawes: They have to in the case of any – any call – I mean they’re trained to make judgments in the field. As far as I’m concerned if there’s something that is inordinately loud and an officer feels that it is he should tell the next person to shut it down – like a loud party or something like that. Usually when a police officer comes and tells someone to do something they’ll do it.
Mr. Larson: But we have a case where the police officer told the person that called him that he couldn’t do anything because there was no ordinance being violated.
Mr. Hawes: That was an interpretive issue that I think was may or may not have been correct. I cannot tell you whether it was or was not violated because I wasn’t there.
Mr. Larson: Well I guess the question is how do we stop people from putting up light towers and nailing shingles on roofs at 10:00 at night.
Mr. Holmes: Well understand that under your noise ordinance you couldn’t prohibit a light tower. You might not even prohibit them from driving their equipment to the site if they didn’t use it. SO you might have a diesel engine, because you have some people that drive tractors and their diesel engines start at 6:00 when they’re getting ready to go to work. It makes it exceptionally difficult but if you all perceive this to be a problem that justifies some ordinance the only thing I’m saying to you is crafting the language in it is going to be difficult. To use another example, at 9:00 on Sunday morning if my neighbor uses his weed eater with that awful whine of that engine goes off at my bedroom window I’ll tell you that disrupts my peace and quiet. But is that something that the City ought to say we’re going to send a police officer to shut you down. Some people only have Sunday to work. I’m saying it’s difficult and that’s why we up to this point the current noise ordinance seems to have worked, even though it is difficult to view some times.
Mr. Larson: I think the Mayor would say right now that this is why we pay you the big bucks. Let you find the right wording for all that. I mean I think it’s obviously a nuisance, there seems to be – it seems like there should be some more straightforward way of saying this is black, this is white, this isn’t just some gray area that no one can enforce.
Mr. Bridges: Ms. Bagwell
Ms. Bagwell: I understand your perspective and Chief you’re going to have to please forgive me but it’s equally as annoying for me for someone to drive down my street with a Harley at 8:00 in the morning. I’m sorry, if it wakes me up it wakes me up – it’s noise. If they’re going back and forth down the street on the Harley it’s as loud as someone using a nail gun and I understand what Mr. Holmes is saying as far as you’re going to have to be specific about what kind of noise if you do that.
Mr. Larson: If the reference that was made to the Folly Beach Ordinance – I don’t know if you feel put on the spot and didn’t want to answer it but would that stand up if it was challenged by a contractor.
Mr. Holmes: I haven’t seen the ordinance so I couldn’t tell you.
Mr. Larson: Russ – he’s got a copy of it
Mr. Hawes: Well it was attached to the packet last meeting and this meeting – well it may not have been attached on this one – it was the last meeting.
Mr. Bridges: Well we’re not going to have time to go into that right now anyway I don’t believe.. Mr. Zitricki
Mr. Zitricki: I just feel that we should have a better definition of time that – we’re talking about construction noise here – that is allowed during the week and maybe get some kind of compromise on Sunday – not for religious purposes but for rest purposes, for all persons of all religions have a time of rest and not start construction until 11:00 or 12:00 in the afternoon. And limit that time until whatever time deemed as the cut-off – the same time during the week. So say we say from 7:00 until 9:00 or until sun-down on weekdays and Saturday and Sunday we go from 10:00 until sun-down or 9:00. And that way it’s more specific and it’s not limited to a religious observation on Sunday. Mr. Holmes
Mr. Holmes: That’s something you can do. I would just tell you that the ordinance that was handed to me says that you can’t use certain things, the use of which is attended with loud or unusual noises in residential or business district. So let me just tell you if someone – if we had this ordinance and you wanted to build a deck in your back yard and you could not build your deck, any time other than Monday through Friday under this ordinance, between the hours of 7:00 a.m. and 6:00 p.m.
Mr. Zitricki: Well I’m not saying accept that ordinance from Folly Beach . We need to talk about modifying ours to take our hours down from 10:00 in the evening, which is rather late, until sun-down or 9:00 and then start at 7:00 in the morning but not before that. If you want to be specific with the type of power tools you can be using at that time, I don’t know if that’s this area or not.
Mr. Holmes: We’ll take a look at it.
Mr. Bridges: Do you want to make a motion to that effect or do we want to have – I’m forgetting to look to the left.
Mr. Garrett: I’d like to make a motion that we table this until our workshop meeting and see maybe what you all can come up with and let us look at a hard copy.
Mr. Zitricki: I’ll second that
Mr. Holmes: Mr. Bridges there’s not a motion on the floor so at this point there is nothing to table.
Mr. Bridges: Okay
Mr. Holmes: Unless there is a motion otherwise there is nothing to do other than to – we’ll put it down on your workshop agenda.
Mr. Bridges: Yeah, why don’t we do that. Consider it done. All right.
• G.O. Bond Mr. Bridges: Okay – the next item is General Obligation Bonds, Mr. Hawes.
Mr. Hawes: Yes sir, Mr. Bridges, what you have before you is basically a restructuring of some of the City’s debt to better comply with the new laws set forth regarding operating millage and millage levies. The State of South Carolina , the State Legislature created a law that impacts operating millages as we move forward year to year. One aspect of that is the millage levied to pay bonded indebtedness is not impacted by the limitations set forth by the State of South Carolina . So therefore, Municipalities and Counties around the State and Special Purpose Districts all are working to take their debt that was not bonded and bond it. And what the City of Simpsonville has done here is rolled our current purchase of the Arts and Cultural Center – the former Simpsonville Elementary School and future planned lease for capital equipment into a single issue of a GO Bond. This bond would total one million fifty thousand dollars. And this would be for those purposes. So what we have is first reading on that issuance.
Mr. Bridges: All right, do I hear a motion that we issue the bonds – is that what we do is issue bonds.
Mr. Hawes: Yes. It would be first reading on it.
Mr. Larson: I would make a motion on it that we issue a GO Bond for $150,000
Mr. Hawes: No for one million and fifty thousand dollars
Mr. Larson: One million and a hundred and fifty thousand dollars
Mr. Holmes: No it’s one million and fifty thousand
Mr. Larson: Okay,
Mr. Bridges: Big numbers bother all of us – all right do I hear a second
Ms. Bagwell: Second
Mr. Bridges: All right I have a motion and a second. Any discussion further than what we heard. No discussion – all in favor say Aye (AYE) all opposed No. All right, that’s passed.
• Reassessment Millage Levy Mr. Bridges: All right, now we have a reassessment millage levy, Mr. Hawes
Mr. Hawes: Yes sir, Chairman Bridges. State law requires that we set our millage in a re-assessment year. This is an ordinance to drop our millage rate charge throughout the City to 49.9 mills from the current 50.7 mills. State law requires that the year of real property reassessment, Cities must set their millage, including the rollback from reassessment. Our current mil rate is 50.7 mills. The ordinance up for first reading before you tonight sets the millage at 49.9 with the reassessment rollback, including inflation and population changes as set forth in new State Law. The bottom line is this will drop our mill levy to 49.9 mills and this is first reading of this ordinance to set the millage.
Mr. Bridges: All right. I’ll entertain a motion
Mr. Zitricki: I’d like to make a motion to reassess our millage to 49.9 as stated by Mr. Hawes.
Mr. Larson: Second
Mr. Bridges: We have a motion and a second and this is first reading. Any discussion. Hearing none we’ll call for the vote. All in favor say Aye (AYE) all opposed say No. It passes on first reading.
TEXT AMENDMENTS • TX-2007-02 – Pay Day Loans Mr. Bridges: All right, the next item is Text Amendments – Mr. Dyrhaug
Mr. Dyrhaug: Yes sir, Councilman Bridges, on April 10, 2007 City Council passed a 90 day moratorium issuing permits for Pay Day Lenders, Title Loan Lenders and similar businesses. In response, Planning Commission and staff have drafted Ordinance number TX-2007-02, a text amendment to Simpsonville’s Zoning Ordinance which is before you now for first reading. Planning Commission has unanimously voted to recommend approval of this ordinance. And this ordinance consists of two main parts. The first part of this ordinance defines three types of businesses, the first is Checking Cashing establishments, the second is Preferred Presentment Lenders, also referred to as Pay Day Lenders, and the third is Title Loan Lenders. What this ordinance, or I should say the second part of this ordinance and what it accomplishes is it goes through what would be the zoning for these uses and as the ordinance is presented to you right now, what we propose is to permit these uses by right in the S-1 zoning district; to permit these uses by Special Exception in the C-2 zoning district; they would be permitted in the PD district as far as they are approved by Council and by Commission. And then as far as the other zoning districts would be concerned they would be prohibited in those districts. And I’ll be glad to answer any questions you may have in regards to this ordinance.
Mr. Bridges: Anyone have any questions or comments.
Mr. Larson: The Planning Commission – what was their- did they have a vote on this – was it unanimous.
Mr. Dyrhaug: Yes it was recommendation approved unanimous.
Mr. Zitricki: Mr. Dyrhaug, the public hearing you held on this – what was the outcome – how many people were opposed – that spoke in opposition.
Mr. Dyrhaug: I’m trying to think if I was at both public hearings. I think I was only at the latter.
Mr. Zitricki: Was Mr. Witkowski there
Mr. Dyrhaug: There was no one in attendance at the latter.
Mr. Witkowski: We did have two public meetings and we did have some objection. The objections came from folks that owned these sorts of businesses. I believe there were 3 or 4 people that were here that were opposed. Mr. Monroe was opposed for Advanced Pay Day Lenders and then there were two local people I think – a family that owns a business down on N. Main Street opposed it and then another business that’s right around here in the downtown area opposed it. We had nobody that spoke in favor of it. But the Planning Commission did vote unanimously to approve this. I might even add that the ordinance that’s before you tonight is not anywhere close to the ordinance that we started out to present to City Council. This is a much more fair and objective ordinance, it allows the pay day lending folks to stay in business for as long as they want to stay in business and if one moves out they have – the people that own the property have a year to have someone else come in of the same kind of business. Originally, we were going to limit the pay day lenders to no closer than 3,000 feet from each other, we had other things that we put in there that they were not going to be allowed to do and as you see, what we’ve done is we’ve made this what I think is a very fair ordinance and allows for some objective thinking on the part of the Planning Commission in matters of PD’s. PD’s were not even addressed in our original. Planned Developments were not even addressed in our original design, which would mean that if a development came in and it was approved as a PD and a pay day lender wanted to come in there they would have to come before the Planning Commission in order to open up a business in one of those areas. So it’s a lot better than it started out to be and I think it’s a very fair document. I’m sorry Mr. Dyrhaug.
Mr. Dyrhaug: And I can add to that our ordinance is nowhere near the restrictive nature as the ordinances that have been adopted in Greenville and Greer.
Mr. Bridges: All right. And this will be the first reading on this one right.
Mr. Dyrhaug: That’s correct.
Mr. Bridges: Do I hear a motion that we adopt this text amendment.
Ms. Bagwell: I move we adopt text amendment TX-2007-02 concerning Pay Day Loans as recommended by the Planning Commission.
Mr. Bridges: Second
Mr. Garrett: Second
Mr. Bridges: I have a motion and a second, any discussion further. Hearing none I’ll call for the vote and remind you this is first reading. All in favor say Aye (AYE) opposed say No. It passes.
EXECUTIVE SESSION: Mr. Bridges: The Agenda had a need for an Executive Session but I’m advised that we do not need it tonight. The material that was to come in to be considered has not been received so we’ll do this at the next meeting I understand.
All right, hearing nothing else – does anybody have anything else to comment on. Then I’ll call this meeting adjourned. Thank you for coming.
Mr. Bridges: Oh, okay I make a motion we adjourn.
Ms. Bagwell: I second.
Mr. Bridges: All in favor say Aye (AYE). We’re adjourned.
Respectfully submitted,
PAMELA J. BODKINS City Clerk |
|
|
| 118 N E Main Street, Simpsonville, SC 29681 |
|