Council Minutes 2009 CITY OF DARLINGTON REGULAR CITY COUNCIL MEETING December 1, 2009 The Regular Meeting of Darlington City Council was held, December 1, 2009 at 7:00 P.M. in the Court Room of City Hall at 400 Pearl Street. PRESENT AT MEETING: Councilperson Mrs. Dyan Cohen, Mrs. Annette Thomas, Ms. Gloria Hines, Mr. Cannon and Mr. John Segars. Also present: Mayor Watkins, City Manager, Mr. Rodney Langley, Assistant City Manager, Mr. Howard Garland, Mr. Robert Garland, Mr. Tony DiLeo, Ms. Lois Edwards and several visitors. News reporter Ms. Cathy Elliott. 1 Copies of the agenda were faxed to the News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 P.M. by Mayor Watkins. PRAYER Councilman Cannon gave the invocation which was followed by the Pledge of Allegiance. APPROVAL OF MINUTES Ms. Hines made a motion to approve the minutes of our last regular meeting. The motion was seconded by Mr. Cannon. Mrs. Thomas said on page 5 at bottom of the page the word “reading was left off after the word “second”. All approved minutes with noted change. TREE CITY PRESENTATION - MS. LOIS EDWARDS Ms. Lois Edwards said on behalf of the Forestry commission and the National Arbor Day Foundation, she appeared before Council to present to the City of Darlington their 12th year “Tree City USA” award. Ms. Edwards said with the “Tree City USA” designation we are able to apply for federal and state funds through their grant program. She said they did get some stimulus money which will be sent to the Tree Cities first. She said the funds will be distributed shortly to take down hazardous trees and plant new ones. Ms. Edwards said this is a program where they will pay entities to take down hazardous trees and plant new ones to create jobs. There is no match for this grant. She said with their regular grant program they give extra points since we are a “Tree City” to get that grant as well. Ms. Edwards presented the City with a “Tree City Flag, a sign and a hat. Ms. Edwards said they are working with Mr. Garland to get the application in. She said the grant gives up to $1,000 per tree to take them down with a maximum of twenty-six trees and up to $350 per tree to plant new ones. MAIN STREET UPDATE – TONY DILEO Mr. DiLeo said Beginning January 1, 2010 and ending March 31, 2010, The Business Pride Award will be given to Kistler-Hardee Funeral Home and the Residential Pride Award will be given to a home at 127 N. Ervin Street. Mr. DiLeo said a contractor met with him for several hours concerning the “Baker Street Café” building. He said the owner has agreed for him to get someone to fix the building. Signage was approved for US Money Shop. Mr. DiLeo said all the Christmas decorations are in and he is ready to start 2 lighting them up. After the last session of court on December 11, 2009, we can start playing the Christmas music. The Merchant’s Open House downtown on the Square will be Thursday, December 3, 2009 from 5:00 PM – 9:00 PM. Mr. DiLeo said in conjunction with the Arbor Day tree planting at the Presbyterian Church, they will be remembering Mrs. Joby Bristow because she has been on their board for fifteen years. Mr. DiLeo said he received a call from the District Manager of the Rotary Club and there is a group coming from Brazil to visit our area and they would like to visit the Darlington Raceway in mid-March. PRESENTATION TO ORLANDO HUDSON Mayor Watkins presented Orlando Hudson with a “Key to the City” which was mounted on a plague for his athletic accomplishments and for being a role model for the youth of Darlington. Mr. Hudson said he has several concerns that he wanted to discuss: Mr. Hudson said he has the CATCH (Curing Autism Through Change and Hope) Foundation. Mr. Hudson said by playing in Arizona he has had the opportunity to talk to a couple of people that has a great autistic school in Arizona and they have offered to come here for free and give some of the teacher’s proper lessons on working with autistic children. He said this will give the children a chance to get a proper education. Mr. Hudson told Council he would bring the teachers to meet them once they get here. Secondly, he said he received a call about the swimming pool area being moved from B.A. Gary and also the football field looking the way it does. Thirdly, he said we lost the race and he sees they are building new stands. Mr. Hudson said he notices not too much money is being put into the area where the pool is, but a new apartment building is downtown. He said he is going by what he sees and what people call and tell him when he’s away. Mr. Hudson wanted to know how much it will take to redo B.A. Gary gym, the swimming pool at B.A. Gary and the old football area. Mayor Watkins said we just accepted a bid to replace the roof at B.A. Gary Gym. He said we are planning to do the floor also. Mr. Langley said we are going to do the ceiling inside as well. Mr. Langley said he got prices on resurfacing the parking area, replacing some of the boards, redoing some of the plumbing and some other things which is approximately $38,000-$40,000. This is for the building itself and outside of the building. Mr. Langley said we spent around $160,000 to fix the B.A. Gary Swimming Pool and it’s in the best shape it’s been in 30 years or more. Mr. Langley said we asked Senator Malloy to help us get a grant to help with the renovations. Ms. Hines said the inside of the football field has been gutted and at one point we thought the school district was going to give us the 3 football field, but now they have changed their minds and offered us a long term lease instead so that the school district will have more room for parking. Ms. Hines said she doesn’t know if the school district plans to tear the stadium down completely, but they said they want to use the area for parking for adult education. Mayor Watkins told Ms. Hines that Council agreed upon these terms. Mr. Hudson said it would not be a good idea for the school district to tear down a historic building such as this. Mr. Langley said the best person for us to talk with would be Mrs. Joyce Thomas who is on the school board. He said Mrs. Thomas has been the person he has been able to contact and talk with concerning the stadium. Mr. Hudson’s final request from Council is that they get more African-American history in the library. Mayor Watkins told Mr. Hudson that Council is receptive to what he’s asking, but the County controls the library. AGENDA CHANGE Mayor Watkins said if there is no objection from Council, he would like to add item #8-A – Resolution stating our opposition to Bill H3272 referred to as the Point of Sale Bill. Mayor Watkins said this bill would eliminate point of sale assessment from Act 388 and limit increases in fair market value of sold properties to 15 percent at the point of sale. This is in addition to the existing 15 percent cap at reassessment. Mayor Watkins read the resolution stating Council’s opposition to Bill H3272. This bill would protect rapidly appreciating property from ever being taxed at 100 percent of its value and shift more of the cost of city, county and school operations to businesses and owners of less rapidly appreciating property. Upon motion of Mrs. Cohen, seconded by Mrs. Thomas, for The City of Darlington to approve resolution asking the General Assembly to defeat H3272, the point of sale bill. All approved the motion. GOLDIE & ASSOCIATES – TERESA YOUNG Ms. Teresa Young, a Geologist and Environmental Scientist with Goldie & Associates which is a twenty-five year old company in Columbia. Ms. Young said her company is offering grant writing services to the City of Darlington on some of their larger water & sewer projects. Mayor Watkins said when we do CDBG grants we rely on Pee Dee Regional COG and wanted to know from Ms. Young if this over lapped with what her company was doing. Ms. Young said sometimes it does, but she has found that oftentimes COG personnel is over worked and they usually appreciate the assistance they can get from the City or the County. Ms. Young said her company will also be looking at EDA grants. Mr. Garland said Ms. Haidee 4 Stith brings the political connections to this arrangement, which is something we wanted to work on. Mr. Garland said Ms. Stith has extensive connections at the federal and state levels which we will try to use to get earmarks to go along with these projects. Mr. Garland said we’ve already gotten a verbal commitment for an EDA grant, but we have got to match that with $900,000. Mr. Garland said we were going to try to work with Ms. Young and Ms. Stith to try and get this money. Ms. Hines asked Ms. Young if her fee would be included in the grant or would we have to pay this separately. Ms. Young said normally this fee would be separate, but there are some instances where grants allow you to be reimbursed for this. Ms. Young said she can work things out with her clients as to how they can pay her. Mayor Watkins told Ms. Young that Council would allow Mr. Howard Garland to continue dialog with her. Mrs. Thomas said when she came on Council we had COG helping to write grants, then Council had a lengthy discussion that the Planner would write grants. She asked if we are going to be changing the duties of the planner and their income. Mr. Garland said every CDBG grant that the city has ever gotten was written by the COG. Mrs. Thomas asked what kinds of grants the Planner would write. Mr. Garland said the Planner’s position will be discussed in executive session. MR. JEFF JEFFERS – LITTLE LEAGUE BASEBALL Mr. Jeffers said he appeared before Council about three years ago because of some unpaid invoices that the Little League Baseball owed him when Mr. Robert Jones was working with the league. Mr. Jeffers said he received a call from the Recreation Department saying they had a new person involved and they think they would be responsible. Mr. Jeffers said he decided to let the new person charge items for over $1,800 made one payment $400 and was never paid anything else. Mr. Jeffers said he filed a judgment for $7,000 (with interest the amount is now close to $14,000) against Mr. Robert Jones and another judgment against Darlington Little League for $1,400. Mr. Jeffers said the second person that owes $1,400 is Ms. Jennifer Hooks. Mr. Jeffers said the league has operated the league for half a dozen years and has not turned in a budget. He said they have changed banks a half dozen times and operated on cash last year. Mr. Jeffers said he’s just trying to find a way to get his money. Mr. Jeffers said he has yet to get answers as to, does the league have insurance and if so, who pays for it and how much does the City give the league each year. Mayor Watkins said this is public information and we can give him this info. Mr. Jeffers said he doesn’t want to take this any further, he just wants to get his $8,500 (forget the interest) and never do business in Darlington any more if they want him to. Mayor 5 Watkins asked Mr. Jeffers if he thinks the City is liable. Mr. Jeffers told Mayor Watkins that if one person signed up at the Recreation Department, then he does feel we are liable. Mayor Watkins told Mr. Jeffers since he feels the City is liable, we should contact the City Attorney. Mr. Jeffers said the league has to answer to somebody and since the City gives them money, they should have to answer to us. Mr. Jeffers said the league does not have a record to show what they did with the money. Mayor Watkins told Mr. Jeffers that he sympathizes with his situation, but we are not ones to accept liability for something we don’t control just because we give them money. Mr. Jeffers wanted to know who controls the league. Mayor Watkins said he is sure they have a Board. Mr. Jeffers said the league is using a City facility and the City is giving them money and they don’t care what they do with it. Mr. Langley said the field is actually school property, but we have a joint use agreement with them. Mr. Cannon asked Mr. Jeffers if he has ever been before County Council and Mr. Jeffers said “no”. Mr. Cannon suggested that Mr. Jeffers go before County Council and explain the situation to them. Mr. Cannon said he doesn’t see why no one ever looked into this after Mr. Jeffers came to Council the first time. Ms. Hines asked Mr. Jeffers if he would be satisfied if he got the $1,500 since this is two separate incidents. Mr. Jeffers said he would like to get the entire $8,500. Mr. Jeffers said he feels that the City is involved because he received a call from Mr. Wallace Bradley stating that he thinks the new people will be good for the money. Mr. Orlando Hudson asked Mr. Jeffers if there was anyway possible that he could have a one-on-one meeting with the persons involved. Mr. Jeffers said Senator Malloy wrote a letter to the persons involved but was unable to get the persons together for a meeting. Mr. Cannon said there should be some way that we can work with Mr. Jeffers. Ms. Hines said if this happened three years ago and was never resolved, we should try to do something to help. Mr. Langley said there is money in Mr. Bradley’s budget and it is divided among the teams. Mrs. Thomas said she believes the Mayor is right when he said we need to establish who is liable because they have an agreement with the Little League Association and they are supposed to abide by those rules as far as collecting money from the players and their accountability for it. Ms. Hines asked if there is any funding that the City has where we can give Mr. Jeffers something. Mayor Watkins said before we give funds we are establishing a precedent of admitting liability. He said we should seek advice from our lawyer about our liability. Ms. Hines said the reason why she said this was because Mr. Bradley allowed Ms. Hooks to come back and coach a second time knowing she owed Mr. Jeffers money. Mr. Langley said before the City puts any more money into those programs, 6 maybe we need to divert some of that money toward paying off the bill. Mr. Garland said we have the hospitality money that is to be used for tourism and recreation and maybe we can use some of it to pay off part of the debt. Ms. Hines made a motion for Mr. Garland to look into us using part of the hospitality money to pay Mr. Jeffers part of his money. Mrs. Thomas added that there was not accountability for what was made on concessions and any other income. She said they refused to bring their records and we didn’t keep control of the situation. Mrs. Thomas said if we’ve got enough money to give Mr. Jeffers all of his money since he said he is willing to drop the interest. Ms. Hines made a motion that Mr. Garland negotiate with Mr. Jeffers for the possible use of hospitality funds to see if we can do anything financially for part or all of his money. The motion was seconded by Mrs. Thomas. Mr. Segars said before we write the first check, we need to find out where the County stands on this because the County employee is the one who is running this league and overseeing it. Mrs. Cohen said the hospitality tax money is for facilities and not for equipment. She said it is appropriate for us to look into how we are supporting the little league. Ms. Hines restated her motion: Ms. Hines made a motion that we ask Mr. Garland to look at possible funding if it is, then negotiate with the County and see if we can do this out of hospitality tax money. All vote for the motion except Mrs. Cohen and Mr. Segars who opposed. Motion carries. TREES ON SECOND BLOCK OF CASHUA STREET Mr. Langley said we wrote a letter to DOT about helping us with the drainage problem on Cashua Street. Mr. Langley said they have tried to camera the line, but was unable to get through from either end because it is completely closed in with roots. Mr. Langley said they brought in a root cutter and put it on our machine, but it just didn’t have the power to cut through it. Mr. Langley said DOT said the only way to solve the drainage problem is to put a parallel line in which will involve taking out the trees in front of Dr. Eads’ office on the opposite side of the street to Spring Street. He said DOT has to do away with the metal grated catch basins on the street and put in the ones inserted in the curb. Mr. Langley said he feels like they will join us in this effort to get this done. Mayor Watkins asked Mr. Langley if he was prepared to make a recommendation. Mr. Langley said he is not prepared to tell them this is what we should do, but he wanted to see if they wanted to proceed. Mr. Garland said he just got a grant application from the Forestry Commission ten days ago and it is due by December 18th. He said he needs guidance from Council as to what to do. Mr. Garland said they can put a plan together in a quick amount of time with help from an arborist that 7 would come in and consult with us and also with help from DOT. Mr. Langley said if DOT is not going to help us, then we don’t need to take the trees down. Mr. Cannon made a motion for administration to get all information they need and go ahead and apply for the grant. The motion was seconded by Mrs. Cohen. All approved the motion. SPENDING PROCESS – MS. GLORIA HINES Ms. Hines asked that Mr. Langley and Mr. Garland check with the treasurer before purchasing anything so we want over spend. Mayor Watkins said he hopes this is the way they have been doing things. Mrs. Thomas said while we were discussing the budget we were talking about ways we could cut back on spending, but it seems like we are spending bits of money in different places that we didn’t account for when we were discussing the budget. She said if we start hiring for all kinds of positions, she wonders where we are going to get the money from. Mayor Watkins said the treasurer would know what’s in the bank and she would have to alert Mr. Langley if we need to get funds from the reserve fund. Mrs. Thomas asked if we are allowed to go into the reserve fund just like that and are we allowed to establish positions without it being in that particular budget year. Mayor Watkins said if there is a position already funded administration has the right to replace people. Mayor Watkins said administration would have to come to Council before creating a position. Ms. Hines said all she is asking is that Mr. Langley and Mr. Garland check to see if we have the money before they buy anything. MISC. INFO – MR. COLEMAN CANNON Mr. Cannon brought up about pit bulls again. He said something needs to be done about the dogs roaming the streets. Mr. Cannon said he sees how dirty our streets are around the Square and in different areas. He said when he was in Memphis he noticed they had a machine about the size of a four wheeler which had a big tank on the back and a vacuum on the front to keep the streets clean. Mr. Cannon said the machine cleans the streets really good. Ms. Hines said it would be cheaper on gas to operate a machine this size. He said we need to look into getting one of these to keep our streets clean. He also noticed they had small police cars. Ms. Teresa Young said there are a lot of grants available for cities that want to go green. She said it goes toward that type of program, anything that you can do to cut waste, gas, etc. Mr. Cannon said the City needs to do something like this to save us some money. 8 Mrs. Thomas asked if we are in control of the dog catcher. She said the dog catcher does not patrol the City enough. Mrs. Thomas said too many people are walking their dogs and they don’t have tags on them. Mr. Cannon said vicious dogs need to be registered. CITY MANAGER’S UPDATE 1) Update on B.A. Gym. 2) Will be taking bids on the floor and will bring info back to Council. 3) Mr. Langley said he met with Mr. Michael Bethea with SCDOT and they have agreed to straighten the pipes at 101 Pearl Street and brace them which will add strength to them. Mr. Langley said they discussed signage, but they will not put directive signs to businesses but they will put signs on Avenue D pointing toward the Florence area so they can hit the By-Pass. He said they will not put a sign coming into town that saysGeorgia Pacific Shipping; this is something we have to do or get Georgia Pacific to help us with this. Mr. Langley said he talked to the Police Department and they are calling some of the truck dispatchers letting them know not to come through the City of Darlington unless they have a bill of laden for Darlington. 4) Mr. Langley said they have been having an issue with yard trash collection in the Country Club area. He said there are houses that are in the city limits, houses that are out the city limits and vacant lots around. He said people put yard trash in front of or on the vacant lots and this is fine and we don’t mind picking it up, but the problem is that people that are not city residents are putting their trash on the lots as well. Mr. Langley said we can’t distinguish which is which, and this means the city residents are paying for people not in the city limits to have their yard trash picked up. Mr. Langley said he needs some guidance from Council as to how to handle this situation. Mr. Langley said the vacant lot that the residents are putting the trash on is in the City Limits, so we are picking up the yard trash. Mr. Langley said it’s not fair to the people who pay water, sewer and sanitation. Mr. Langley said we could write a letter explaining the situation to the surrounding effected areas. 5) Mr. Langley said Mrs. Fulton in the Water Department has been working on getting information on a credit card machine. She has talked with the County about who they use and also with MASC. 6) Mr. Langley said Mr. Clyde Scott called him today and asked him if City Council would look into the possibility of a traffic light at Spring and Cashua Streets. Mr. Langley said this is a tough area to get out of at 5:00 and with school traffic. Mr. Langley said if Council considers this, we would have to ask DOT to look into it. Mayor Watkins said he hates to see traffic lights in residential areas. He said you can turn off Cashua Street onto Oak Street and go around to avoid the traffic. 9 Mrs. Cohen said she’s not sure this is that pressing. Council agreed for Mr. Langley to check with DOT and see what they say. 7) Mr. Langley said he’s working on a sign for Orlando Hudson to honor him. Mr. Langley said he went to Latta, SC to see what type signs they had, but he didn’t see anything on their city limits signs. He said they had something on their water tank though. Mr. Langley said he and Ms. Hines talked and he feels appropriate language under city limits signs should read, “Home of Orlando Hudson – Major League Baseball Player”. Ms. Hines asked about the possibility of putting this on the water tank on Pine Street. Mr. Langley said he would love to do this, but it would be terribly expensive. Mr. Segars wanted to know what time frame we will keep the sign up. Mayor Watkins said he really don’t think we will need to worry about this. Mr. Langley said DOT told him the sign has to be green with white letters. Mrs. Cohen asked if we could put up a “35 mph sign unless otherwise posted”. Mayor Watkins asked Mr. Langley to bring back a couple of ideas about the sign. Upon motion of Mrs. Thomas, seconded by Ms. Hines, for the City to put up signs at the City Limits honoring Orlando Hudson. All approved the motion. ASSISTANT CITY MANAGER’S UPDATE 1) Mr. Garland said the final walk through at the Carnegie Library Building will be December 17th at 2:00 PM. 2) McClellan Update- Landmark’s Attorney didn’t get with Mr. Bill Howle, but he is supposed to meet with him tomorrow at 9:00 AM and will look over what they are proposing. 3) Prescott Insurance has moved into their retail space and will open either tomorrow or December 3rd. They will operate an insurance company and Boost Mobile phone service. 4) Water line grant update – Conder Construction was low bidder for the project and they got their business license today and should begin work sometime this week. 5) Mr. Garland asked for an executive session to discuss the following: 1. Planning position; 2. Goldie & Associates-contract matter. Mr. Langley said we’ve got a really good selection of candidates for Building Inspector. Mr. Langley said he would like to have the person in place by the first of the year. Ms. Hines asked them to consider a person that has people skills. REMINDERS December 4, 2009 – Arbor Day Celebration 10 December 24, 25, & 28, 2009 – Christmas Holidays January 1, 2010 – New Year’s Holiday EXECUTIVE SESSION Mr. Segars made a motion to go into Executive Session at 9:45 PM to discuss a personnel matter. The motion was seconded by Ms. Hines. Mayor Watkins said also to note that we will also be discussing negotiated property. Upon motion of Mrs. Cohen, seconded by Mr. Segars, to end Executive Session at 10:25 PM. ADJOURNMENT Upon motion of Mr. Segars, seconded by Mrs. Cohen, the meeting adjourned at 10:30 PM. Mayor ATTEST: Clerk & Treasurer 11 CITY OF DARLINGTON PUBLIC HEARING November 3, 2009 A Public Hearing of Darlington City Council along with concerned citizens was held November 3, 2009 at 6:30 P.M. in the City Council Chambers of City Hall at 400 Pearl Street to provide an opportunity from the community to voice opinions pro or concerning rezoning property between Allen & Kirven Streets. This section of property that lies parallel to S. Main Street and is owned by Salem Baptist Church and they plan to use area to provide over parking for the church. Mayor Watkins said the legal requirements have been met. Mayor Watkins opened the floor for comments from the public. No one wanted to speak. Present at the public hearing: Mayor Anthony Watkins, Councilpersons, Hines, Thomas, Cohen, Chapman, Cannon and Segars. Also present was City Manager, Rodney Langley, Assistant City Manager Howard Garland, and a room full of concerned citizens. There were no questions or comments from the public, so Mayor Watkins ended the Public Hearing at 6:35 PM. Mayor ATTEST: Clerk & Treasurer 12 CITY OF DARLINGTON REGULAR CITY COUNCIL MEETING November 3, 2009 The Regular Meeting of Darlington City Council was held November 3, 2009 at 7:00 P.M. in the Court Room of City Hall at 400 Pearl Street. PRESENT AT MEETING: Councilperson Mrs. Dyan Cohen, Mrs. Annette Thomas, Ms. Gloria Hines, Mr. Chapman, Mr. Cannon and Mr. John Segars. Also present: Mayor Watkins, City Manager, Mr. Rodney Langley, Assistant City Manager, Mr. Howard Garland, Mr. Robert Garland, Mr. “Sandy” Kendall, Mr. Freddie Kinsaul, Tony DiLeo, Ms. Susan Alexander and a host of visitors. News reporter Ms. Cathy Elliott. Copies of the agenda were faxed to the News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 P.M. by Mayor Watkins. PRAYER Councilman Segars gave the invocation which was followed by the Pledge of Allegiance. AGENDA CHANGE Mayor Watkins said if there is no objection from Council, he will move item #12 – second reading on ordinance to rezone property between Allen & Kirven Streets, to take place immediately following the reading of minutes. Also the City Manager requested we add an item - approval of bids for B.A. Gary Gym. This will be item #8-A. APPROVAL OF MINUTES Mr. Segars made a motion to approve the minutes of our last regular meeting and one special meeting. The motion was seconded by Mr. Chapman. Mr. Segars amended his motion to include the minutes of the regular meeting, one special meeting and a work session. Mrs. Thomas said on page 2 of the regular meeting minutes under “Main Street” update 13 to change the date to December 6th instead of December 5th. On page 8 of regular meeting minutes under City Manager’s update - “Mr. Woodall was present…include the words “in downtown Darlington on Square at Main and Pearl Streets”. All approved minutes with noted changes. SECOND READING ON ORDINANCE TO TRANSFER CITY OWNED PROPERTY Upon motion of Mr. Cannon, seconded by Ms. Hines, Second Reading on ordinance to rezone property between Allen Street and Kirven Street, which unanimously carried. MAIN STREET UPDATE – TONY DILEO Mr. DiLeo said signage was approved for Darlington County Bank on Orange Street and Verizon Wireless formerly Alltel. Beginning January 1, 2010, The Business Pride Award will be given to Kistler Funeral Home and the Residential Pride Award will be given to a home at 127 N. Ervin Street. Mr. Tommy Taylor is drawing up landscape plans for them to look at for the beautification project at City Hall, Council on Aging Building and the City Admin Building. Mr. DiLeo said he is already working on the Christmas decorations and the Christmas music. Mr. DiLeo said he and Mr. Langley met with the owner of Baker Street Café and he has asked Mr. DiLeo to get a contractor to look at the building and see what it will take to get the building back in shape. Mr. DiLeo said the Halloween Dress-Up Contest last Friday was a success. He said the best business participation came from Carolina Bank. Raven’s Closet was chosen for “Most Original” costume. There was a tie between The Jeweler’s Bench and Med Center Pharmacy for the “Cutest Costume”. Open House downtown will be Thursday, December 3, 2009 from 5:00 PM – 9:00 PM. The parade and tree lighting ceremony will be on Sunday, December 6, 2009 beginning at 4:00 PM. CHAMBER UPDATE – MS. SUSAN ALEXANDER Ms. Alexander said the Chamber hired Ms. Erma Goss and she will be over member services. Ms. Alexander said Ms. Goss’ job will be to recruit new members and make sure they are educated in all services provided by the Chamber. Ms. Alexander said the first annual “Taste of the Farm” was a success. The Chamber will be having their board retreat on November 6, 2009 to finalize plans for 2010. Ms. Alexander said they are adding a lot of new events for 2010 such as Premier Night & Moonlight Golfing in April, 2010. They will have a Teachers Appreciation Reception next year the Friday night prior to Teacher Appreciation Week. The Chamber will have a 14 statewide Bar-B-Que Cook-Off next year probably in November of next year. Ms. Alexander said they will be adding a spring golf tournament. She said they will have one tournament in the spring @ Darlington Country Club and the one in the fall @ Beaver Creek. She said they will be adding a Nonprofit Day where they will be showcasing all of the non-profits in the area and all of the good things they do for the County. Ms. Alexander said next year they are going to try to do a “Trunk or Treat” on the Square for Halloween. On Thursday, November 12, 2009 will be a ribbon cutting & Business After Hours at Scorpitt Wellness & Rehabilitation in Lamar, SC. On November 26th & 27th the Chamber will be closed for Thanksgiving. MS. MARY CAPERS - DARLINGTON MEMORIAL CEMETERY Ms. Capers appeared before Council to ask for $2,000 to help purchase and install raised footstones at the gravesite of 155 veterans buried in the Darlington Memorial Cemetery. The cost of the footstones and installation of the footstones is $5,500. The footstones will help to identify the gravesites of veterans where headstones are frail and are flat to the ground surface. Mayor Watkins said without objection from Council they will receive as information for consideration. BID APPROVAL FOR CDBG WATER LINE GRANT Mr. Langley said they had the bid opening October 8, 2009. He said they had sixteen bidders and the low bidder was from Conder Construction, Inc. with a bid of $395,468.00. Mr. Langley said Davis & Brown looked over the bids and documentation and said everything was in order and recommended that we accept low bid from Conder Construction, Inc. Upon motion of Mr. Chapman, seconded by Mrs. Cohen, to accept low bid of $395,468.00 from Conder Construction, Inc. out of Lugoff, SC. Mrs. Thomas wanted to know if this was the same company that did the southeast area. Mr. Langley said, “No”, this will be the first time we’ve used this company. Mr. Cannon wanted to know how much the highest bid was. Mr. Langley said the high bid was $745,533 and another for $700,000, one for $464,000, and some in between these amounts. All approved the motion. BID APPROVAL FOR B.A. GARY GYM Mr. Langley said he checked to see if he could find out about the roof. Bids were received from Harvey Singletary Roofing for $32,500; Linton & McKenzie Construction for $34,650; Gardner Roofing $30,720 and any wood work would be additional. Mr. Bradley has worked with Mr. Singletary in the past and is pleased with his work and recommends that we 15 use his company. Mr. Langley said Mr. Singletary’s price includes the entire gym roof. Mr. Langley said the price does not include the wings on the gym because we are not having a problem with them. Mrs. Cohen made a motion to accept low bid of $32,500 from Harvey Singletary Roofing from Lake City, SC. The motion was seconded by Mr. Segars. All approved the motion. DISCUSS TRIBUTE FOR ORLANDO HUDSON Mayor Watkins said he feels we need to honor Mr. Orlando Hudson, professional baseball player for the L.A. Dodgers for his accomplishments. Mayor Watkins told Council he didn’t think they could possibly decide tonight the best way to honor Mr. Hudson. Mayor Watkins said he can contact one of Mr. Hudson’s former teachers and she can invite Mr. Hudson to meeting when he is home and Council can present him with a “Key to the City’ and a proclamation. Mayor Watkins suggested putting up a sign at the entrance to Darlington that states, “Welcome to Darlington – Home of or Birth Place of Orlando Hudson. Ms. Hines said she was the one who requested to have this on the agenda and she would like to see a sign entering into Darlington that says, “Home of Orlando Hudson”. Mayor Watkins said we will look into doing something like this. Mr. Langley asked Council if they wanted him to check on prices of signs. DISCUSSION OF COUNCIL’S INTEREST TO RIDE IN PARADE Mayor Watkins asked Council’s interest in riding the float in the Christmas Parade this year. Mr. Langley said the price of the float is $375.00. Mrs. Thomas said she doesn’t know if anyone recognized the girl’s softball team that went to the finals or playoffs, but if Council members don’t want to ride the float, maybe the girl’s softball team can ride the float. Mayor Watkins said we can invite them and they can wear their uniforms. Mayor Watkins told Council if any of their grand children want to ride the float they can also. There was no objection from Council members. DISCUSSION OF CHRISTMAS BONUS FOR CITY EMPLOYEES Mr. Langley said this is budgeted every year and is included in the employee’s salary. The amount of the Christmas bonus is 15% of a month’s salary. Any employee that has not worked at least six months will not be entitled to a Christmas bonus. Six months to one year is prorated. (Schedule of bonus to be attached to final minutes) Upon motion of Mr. Segars, seconded by Ms. Hines to approve Christmas bonuses for employees, which unanimously carried. 16 SECOND READING ON ORDINANCE TO TRANSFER CITY OWNED PROPERTY Mr. Garland said he received McClellan Manor’s version of the walkway easement yesterday. He said they made some changes as of this afternoon. Mr. Garland said at the bottom of page 1 the walkway hours was changed to include “walkway to be open whenever public events is on the Square”. On page 2 under walkway easement maintenance the grantee has agreed to take up half the cost of maintenance expenses which includes replacing, cleaning and any expenses relating to this. McClellan Manor, LLC has also agreed to take up all the cost for heating and air. He said they can control the walkway heating and air because they have a thermostat that is locked in one of the janitor rooms. Mr. Garland said they talked about paving the parking lot in back, but because of our budget situation, it was recommendation of staff that we not pave the parking lot, but that we clean the sand off of it. We will then have the parking lot sealed and restriped. City Attorney, Mr. Newton Howle said McClellan Manor, LLC is signing a noted mortgage to provide for payment of three different loans. Mr. Howle said his understanding of the lease agreement for the retail spaces is that the City will be the tenant for retail spaces. Mr. Howle said the City would want to control who occupies the retail spaces otherwise McClellan Manor would determine what tenants they will have in there. Mr. Howle said he has looked over the easement and everything is in order. Mrs. Cohen had concerns about who would be liable if someone were to get hurt in the walkway. Mr. Howle said the owner, which is McClellan Manor, LLC would be the responsible party. Mrs. Cohen said we are required by the agreement to carry certain set amounts of liability insurance at a minimum. She said we should have it in the record that the City puts these properties (the walkway and retail spaces) include them in our general liability insurance as specified in the retail agreement. Mrs. Cohen said this will be for the retail and any additional that we need for the walkway. Mr. Howle said the rental agreement with McClellan Manor, LLC provides for us to carrying liability insurance as well as them carrying liability insurance. Mr. Howle said McClellan Manor, LLC will carry coverage on the structure itself in the event of a loss or fire. Mr. Howle told Council that the property does not transfer tonight, the property transfers when we are satisfied and McClellan Manor is satisfied with all portions of the sub-agreement. Upon motion of Mr. Chapman, seconded by Mrs. Cohen, to approve second on ordinance to transfer city owned property. All approved the motion except Mrs. Thomas and Ms. Hines. 17 CITY MANAGER’S UPDATE 1) Mr. Langley said they are in the stages of making plans for the use of B.A. Gary Gym 2) Mr. Langley reported on the status of the Virgil Wells football field. He said he talked with Dr. Knight and she said we may consider a long-term lease on the field instead of full ownership. Mr. Langley said he told her we would consider a long term lease for use of the facility. 3) Mr. Langley said he tried to meet with Mr. Roy Parnell, but they did talk about the truck traffic and also about the drainage problem on Cashua Street. Mr. Langley said the City does not have the manpower or equipment to solve the flooding problem. He said Mr. Parnell referred him to Mr. Michael Bethea, but did not get a chance to talk with him yet. He said maybe by the end of the week he will be able to meet with him and try to come up with recommendations about what to do about the truck traffic. 4) Mr. Langley said the employees he has heard from seem to be okay with the fact that we are not going to have the City supper and that they will receive some of those funds in the form of a check. 5) Mr. Langley said he had a visit by one of the County council people two or three weeks ago and he gathered from the meeting he was being asked for the City to consider collecting garbage outside the City Limits. Mr. Langley said when you start picking and choosing, you’re going to create a problem. He said he went to a meeting today with some of the people interested in the City picking up their garbage and he told them that the City can’t afford to do this, nor do they have the manpower or equipment. Mr. Langley told Council since he was speaking on behalf of the City he wanted them to know that he told the group we would not be interested at this time. 6) Mr. Langley said it has been mentioned over the years about the City getting a credit card machine. Mr. Langley said he is going to ask Mr. Kinsaul and his Department look into the possibility of the City putting in some type of credit card system. Mr. Langley said we get a lot of requests from people that want to pay their bills by credit card. Mr. Langley said we will be looking into this and will come back to Council with a proposal. ASSISTANT CITY MANAGER’S UPDATE 1) The Carnegie Library exterior renovation is complete. 2) Council will need to meet with City staff to determine what will be done with the Carnegie Library Building. Mr. Garland said he has made repeated inquiries to the chairperson of the committee, but she will not talk with him. Mr. Garland told Council it will be their choice as to what they want to do with the building as long as it’s for public use. Mrs. Thomas said whatever we 18 decide to do with the building we would need to establish a position as overseer or caretaker. Mayor Watkins said there’s expense involved with these things. Mr. Garland said we could use the building for a community center, museum or whatever council wants it to be. Mayor Watkins said the County does not have adequate display space in their court. He said maybe we could partner with the County to provide a place to rotate exhibits and displays. Mayor Watkins said it would be a County Museum. He said he would think that the County would have more resources than the City does. Mrs. Thomas said there is a great need for a meeting place and wanted to know if the building has easy access for handicaps. Mr. Garland said the biggest problem we would have with this building since it is historical, we can’t modify the building to make it handicap accessible, but the architect plans to install a lift to get people to the top floor. Mr. Garland said this topic is worth discussing in a work session and when we bring in a new planner we can let them take a look at this and make recommendations to Council. 3) Williamson Park boardwalk is 35% complete. 4) Mr. Garland said he and Mr. Kinsaul met with Mr. Phil Golf, Assistant Director of Pee Dee Regional COG and EDA Representative SC, Ms. Robin Cooley on October 21, 2009 to discuss a potential sewer line grant for the City of Darlington. Ms. Cooley said the EDA could potentially fund $900,000 of a $1.8 million dollar project. The City would have to find funding from non federal sources for the other $900,000. The proposed project details will be worked out with the engineer, but we project new head works at the old treatment plant which is part of our consent order from DHEC; new aerators at the current treatment plant which will help with treatment situation with Nucor; and a new sewer line for Georgia Pacific to the old treatment plant. Mr. Garland said this will help if Georgia Pacific ever wanted to expand and this also prepares the way for us to look toward sending, first our industrial waste and eventually our residential waste to Florence. He said this would be pre-work for this. The total cost of the project is approximately $1.8 million dollars and the timeline, if we decide to apply, would be to get a grant award sometime next fall and work would begin January, 2011. 5) Mr. Garland went over department financial reports. Mr. Garland said once the transition is made and he takes over as City Manager, he will be looking at the City’s insurance, phone bills, etc. to see if he can save the City some money versus what we are currently paying. 6) On Thursday, November 12, 2009 @ 9:00 AM at the Admin Building there will be a Census Training Meeting. 19 Mrs. Thomas asked why the City did not tell the public that the City of Darlington did not have any candidates to run this year and that there would be no election. Mr. Langley said when we do have an election, we put the different voting locations in the paper and the times they open and since we were not having an election this year, we did not have to do this. Mrs. Thomas wanted to know what office usually handles this as far as keeping the public informed. Mr. Langley said there is a time frame because after the polls officially close, any interested person has two weeks after the polls close to come in and request to be a write-in candidate. Mrs. Thomas said she did not see anything wrong with putting something in the paper to let citizens know that we would not have an election this year. Mr. Langley said to be honest, he just didn’t think about doing this. REMINDERS November 18, 2009 MASC Meeting at Darlington Raceway November 26 & 27, 2009 – Thanksgiving Holidays. December 4, 2009 – Arbor Day Celebration EXECUTIVE SESSION Ms. Hines made a motion to go into Executive Session at 8:40 PM to discuss a legal matter and possible negotiations concerning the acquisition of a particular piece of property. The motion was seconded by Mrs. Cohen. Upon motion of Mrs. Cohen, seconded by Ms. Hines, to end Executive Session at 9:25 PM. ADJOURNMENT Upon motion of Mr. Segars, seconded by Mrs. Thomas, the meeting adjourned at 9:25 PM. 20 Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON WORK SESSION October 20, 2009 A Work Session of the Darlington City Council was held Tuesday, October 20, 2009 at 6:00 PM in the Conference Room at the City Administrative Building, 410 Pearl Street. PRESENT: Mayor Watkins, Councilpersons Segars, Hines, Thomas, and Cohen. Also City Manager, Rodney Langley, and Assistant City Manager, Howard Garland and Mr. Bill Scantland with Landmark Assets. Mayor Watkins called the meeting to order at 6:15 PM. MR. BILL SCANTLAND – LANDMARK ASSETS Mayor Watkins said at the meeting Council voted to defer transfer of property until they tied up some of the loose ends in the agreement. Copies of the agreement with changes were given to Council. Mayor Watkins said Mr. Garland noted all of Council’s concerns and forwarded them to management at Landmark Assets. Mr. Scantland said Mr. Garland brought 21 all of Council’s concerns to them and he incorporated all of them into the new proposal. Mr. Scantland said of the meeting was for Council members to meet with someone from Landmark Assets and answer any questions they may have pertaining to the property transfer. Mr. Langley said on page 1, #3 under rental, he said the language in the lease agreement still says that it will be 3% increase each year. Mr. Scantland said this has been changed to a 3% increase every fifth year. Mr. Scantland said in the lease agreement as well, they modified the maintenance & repair cost from $300.00 to $150.00. He told Council they will find that the lease agreement in the same form as the one they currently have on the other commercial facilities associated with Darlington County. Mr. Garland said he has verbal agreements on both of the retail spaces, but we can’t do anything until the property transfer has been signed. Mr. Garland said once we are able to do transactions he will more than likely ask for a three year lease agreement with one month’s deposit in advance. Mr. Garland told Mr. Scantland he noticed on the bottom of an email that they had already set the price for the residential spaces. Mr. Garland said the inflation clause was changed from 3% every year to 3% every five years. Mr. Garland said Mrs. Cohen wanted a 5% vacancy rate built into retail spaces and Landmark included this in the revised agreement. He also said that Landmark is supposed to be responsible for the payback amounts on the listed on the performa. Mr. Garland said we have had some Council members express concerns about the 3% interest that we have to pay back to USDA which comes to over $330,000 over a 10 year period. He said this is $3,000 a year the City has to pay back, but there’s no interest that Landmark is paying back on this. Mr. Garland asked about the City’s position if something happened to McClellan Manor, LLC or Landmark Asset Services. Mr. Scantland said McClellan Manor, LLC-Landmark Assets is manager of the LLC. He said the members of the group include quite a few people. He told Council the two people they are most familiar with is Mr. Dwayne Anderson on the Landmark side and Mr. Ed Lipskey on the Rehab Builders side. Mr. Scantland said he can’t really picture the whole LLC going away. He said should something happen to Landmark he would envision that one of the members would become the manager of the LLC. Mr. Garland asked if the repairs to the property would fall to the group. Mr. Scantland said, “Yes”. Mr. Scantland said the property will be managed by Landmark Property Management and this is the front line of any expenses that come up and need to be handled through the property. He said should funds through the LLC then it becomes the responsibility of the members of that group to contribute based on their share of ownership. Ms. Hines said this is not listed in the agreement. Mr. 22 Scantland said this is standard operating procedures. Ms. Hines said, “it’s pretty standard, but I like to see it on paper”. Ms. Hines said the first sheet of the revised copy that Howard sent difference between line 7 and line 9-, reduced total pay back. Mr. Scantland said the first line of his report documents the changes that he was asked to make to the financials. He said originally the report showed a total of $330,000 coming back including the interest. He said they have reduced the payback from $330,000 to $300,000. He said they are going the extra mile to get all of the City’s funds back and with this in mind they decreased the total payback by $30,000. Mr. Scantland said the next item simply says this will be the first money to be paid back. Mrs. Cohen asked Mr. Scantland who he discussed this with. Mr. Scantland said it was suggested by Mr. Garland the day of the grand opening. Mrs. Cohen said every year we will pay $33,000 for ten years so we will already have this expense item. Mr. Garland said the point Mr. Scantland was making is that the CDBG money that’s passed through didn’t cost us anything but a match and they are paying all of that back to the City. Mr. Garland said the $350,000 more than out weighs the $30,000 cost of interest over ten years. Mr. Garland asked Council if they were willing to put the $30,000 back in. Mr. Scantland told Mr. Garland with the other changes that have already been made has pushed them all the way to the thirty year window to fully be able to recover the amounts outlined. He said putting another $30,000 on, they would not make it within that window given the rents they have and the other assumptions that are made. Mr. Garland asked Mr. Scantland would it help to do a 3% increase every four years rather than every five years. Mr. Scantland told Mr. Garland it would change it a little bit, but he would have to run the numbers tomorrow and let him know. Mrs. Thomas wanted to know when the City gave this property to McClellan Manor. She said she wants to see some documentation on this. Mayor Watkins said the property has not been transferred yet. Mrs. Thomas wanted to know how McClellan Manor can legally deal with us when we gave the property to another company. Mr. Scantland said the property has not been transferred to the LLC yet, the City still owns the property. Mayor Watkins said once we have second reading the property will be transferred. Ms. Hines said what Mrs. Thomas is trying to say is in the beginning we were dealing with Landmark not McClellan Manor. Ms. Hines asked how the property changed from being Landmark to McClellan Manor. Council discussed this for a few minutes to get an understanding of the name change. Mr. Garland said the question Mrs. Thomas is asking makes sense because they don’t understand this is something they are doing and some of the people that work with Landmark or with Rehab Builder is going to be 23 outside of this. Mr. Garland told Mr. Scantland it would help if they had a list of who the partners are and that these people are responsible for the liability we talked about and not Landmark nor Rehab, but the people that make up McClellan Manor, LLC. Mrs. Cohen said if it’s an LLC then she doesn’t think the liability falls to the individuals, it stays with the corporation. Mrs. Thomas said they were under the impression that a certain percentage of the apartments were supposed to be low-moderate income. Mr. Scantland all seven apartments will not exceed 80% of the median income. Council discussed this topic for several minutes. Mr. Scantland said he will put together a table that shows what the area income is, what 80% of that is and what that translates to for a family of one bedroom, two bedrooms, and three bedrooms. Mrs. Thomas said her concern is we’re living in a depressed area and the vacancy rate will be very high and nobody is going to be able to afford the apartments. Mr. Scantland said this project was built at a slightly higher income rate to meet a difference group of individuals but they have projects in Darlington that address the concerns she has such as Pecan Grove and the downtown loft apartments. Council and Mr. Scantland continued to discuss rental of different properties and guidelines that have to be followed as far as income is concerned. Mrs. Thomas has concerns with the language in the contract where it states that after year 2038 the contract shall be renewed without further notice. Mrs. Thomas said she thought we would be finished with this in 2038, but what the contract is stating that it will be renewed in 2039 without further notice. Mrs. Thomas asked Mr. Scantland why the contract couldn’t state that it’s over in 2038. Mr. Scantland said they can change the contract, but it would be to City’s benefit to have the contract worded this way because the contract would continue under these terms. He said if the contract terminates in thirty years, whoever is in charge thirty years from now may want to continue but they won’t be able to use this lease. Mrs. Thomas asked why this couldn’t be stated in another sentence that the lease agreement could be renegotiated after 2038. Mr. Scantland said this would be the same as terminating the agreement and renegotiating it. He said he doesn’t have any problem changing the wording if that’s what Council wants. Council continued to discuss this issue until 8:08 PM. Mrs. Cohen asked Mayor Watkins the advantage of the City being the master lease holder rather than McClellan Manor, LLC. Mr. Scantland said the City has the upper hand because if McClellan Manor rented the spaces they would put anybody in them as long as they can pay the rent. Mr. Scantland said he will go back and make the following changes to the lease agreement: 24 1)$300,000 of USDA funds, go back and add $30,000 interest to it and review lease terms; 2) Answer questions about what expenses would be covered; 3) List of partners in the LLC; 4) Add mirrors to the retail agreement about “maintenance”. In the lease itself, change the date from October to November. Ms. Hines told Mr. Scantland he should have come here three years ago when the Mayor first started this and they would have been more informed. Ms. Hines and Mrs. Thomas both agreed that Mr. Scantland has been thorough in his answers and they understand things a lot better now. She said this is the first time they have gotten any answers and if this was done with the first project, they wouldn’t have had such a problem with it. UPDATE ON B.A. GARY GYM Mr. Langley said bids were received for the roof at B.A. Gary Gym. Mr. Langley said Harvey Singletary from Lake City, SC gave a bid of $32,500 to redo sky lights and to replace bad spots on the roof. Linton & McKenzie Repair gave a bid of $34,650; Gardner Roofing from Hartsville, SC gave a bid of $30,720 and any woodwork would be additional. Mr. Langley said Mr. Bradley has worked with Harvey Singletary at the recreation department and is confident he will do a good job. Mr. Segars said he talked with Mr. Larry Stegner and he said work was done on the roof a couple of years ago and thought it only needed minor repairs. Mr. Segars said he would like a fourth or fifth opinion. He said he has someone in mind that can look at the project and give us a price. Mrs. Thomas said it’s not fair to get another bid at this point. Mr. Segars said he wants someone to look at the roof and see if all this work needs to be done to the building. Mr. Langley said when Mr. Stegner gets back he will get with him and come back to Council with a recommendation. INFO ON ANNUAL EMPLOYEE DINNER Mr. Langley said he met with the employee dinner committee last Friday and the majority would not like to have the employee dinner this year. Mr. Langley said it was suggested that we give the employees $25.00 instead of the $15.00 gift certificate. Ms. Hines suggested for us use $3,000 that’s budgeted and divide this money among the employees and retirees. Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 8:40 PM. 25 Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON REGULAR CITY COUNCIL MEETING October 6, 2009 The Regular Meeting of Darlington City Council was held October 6, 2009 at 7:00 P.M. in the Court Room of City Hall at 400 Pearl Street. PRESENT AT MEETING: Councilperson Mrs. Dyan Cohen, Mrs. Annette Thomas, Ms. Gloria Hines, Mr. Chapman, Mr. Cannon and Mr. John Segars. Also present: Mayor Watkins, City Manager, Mr. Rodney Langley, Assistant City Manager, Mr. Howard Garland, and former City Adminstrator, Mr. Cecil E. Ward, Mr. Robert Garland, Mr. Freddie Kinsaul, Tony DiLeo, Ms. Susan Alexander and a host of visitors. News reporters Mr. Dwight Dana and Ms. Cathy Elliott. Copies of the agenda were faxed to the News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 P.M. by Mayor Watkins. PRAYER Councilwoman Hines gave the invocation which was followed by the Pledge of Allegiance. 26 AGENDA CHANGE Mayor Watkins asked Council’s permission to amend the agenda by adding the following: Item #6A – A proclamation commending BlueCross BlueShield for their support of the Free Medical Clinic and Item #8A – 1st Reading to rezone a parcel of property off of S. Main Street behind Salem Church. There was no objection from Council. APPROVAL OF MINUTES Mr. Segars made a motion to approve the minutes of our last regular meeting. The motion was seconded by Mrs. Cohen. Mrs. Thomas said on page 4 of the minutes to delete” the census forms were mailed to forms” and correct to read the Census Bureau will mail the forms out the middle of March, 2010. Mrs. Thomas said in reference to the minutes, Council voted at the last meeting to have a new recording system in place to make sure our minutes are recorded. The Clerk told Mrs. Thomas she is using a recorder that Mr. Garland had given her. Mrs. Thomas asked if we were going to ignore the motion to purchase a new recorder. Ms. Hines read in the minutes where the motion stated that administration is to purchase a new recorder if this one does not record. Mayor Watkins asked Council if they wished to purchase a new recording system when we have one that’s adequate. Mrs. Thomas said the preposition “if” might have been substituted for “because” this one does not record. She said there were two missed meetings that weren’t recorded and she thought this was addressing that problem that we had adequate recording equipment in the Council Chambers. Ms. Hines said she was in the office today when the Clerk tested the recorder and it worked fine. She said since the recorder works, she’s satisfied with it since she is the one that made the motion. Ms. Hines said since this recorder is working she is satisfied and we can use this one. Everyone was satisfied with the Clerk using the recorder that Mr. Garland gave to the City except Mrs. Thomas. MAIN STREET UPDATE – TONY DILEO Mr. DiLeo said the “Residential Pride Award” was given to Ms. Terri Brown at 205 Barfield Road. “The Business Pride Award” was given to Med Center Pharmacy. He said he still has someone interested in the Baker’s Street Café Building. He has someone to inspect one side of the McClellan Building. Mr. DiLeo said they had a successful grand opening at the McClellan Building and also a grand reopening at Food Lion. The Merchant’s Halloween Dress-up day is Friday, October 30, 2009. Open House downtown will be Thursday, December 3, 2009. The parade and tree 27 lighting ceremony will be on Sunday, December 5, 2009. A home health care group will be occupying the building on Exchange Street that was occupied by the County for about seven years. CHAMBER UPDATE – MS. SUSAN ALEXANDER Ms. Alexander said the Annual Golf Tournament which was on Friday, September 18, 2009 at Beaver Creek Golf Club was a success. The State of the County Luncheon is tomorrow at Pee Dee Electric Coop @ 12 noon. On October 8, 2009 there will be an open house for J&W Greenhouse in Lamar, SC from 5:30-7:00. Ms. Alexander said the biggest thing they are working on right now which is a new venture for the Chamber is “Taste of The Farm” which will be on October 29, 2009 at Ovis Hill Farm outside of Lamar, SC. They will be working in conjunction with Pee Dee Land Trust, USDA, Arbor One Clemson Ext. on the “Taste of the Farm”. She said Census 2010 is also joining in helping to promote this. Ms. Alexander said the purpose is to celebrate S.C. grown products. She said from the Chamber stand point, they need to start embracing our agricultural industry more than we have in the past. The Chamber will be announcing their new board members for 2010 on October 21, 2009. She said the Chamber has been working closely with Representative Robert Williams and the Fatherhood on the Carriage House property. She said the Fatherhood now owns the Carriage House and will be turning this into a home for displaced veterans initially. MS. GRACIE LYDE – WATER BILLS Ms. Lyde appeared before Council to complain about her water bill. She said she wants answers because her water bill went up from $43.00-$45.00 a month to a little over $57.00 last month and this month when the bill came it was a little over $54.00. She said she lives alone and doesn’t own a car nor wash down walls or anything. Ms. Lyde said she called several people in the neighborhood that live alone and asked them how much their water bill was and they said $40.00 something dollars. Ms. Lyde said she wants to know how her bill gets to be $50.00 something dollars. Mayor Watkins told Ms. Lyde he could perhaps arrange a meeting with her and Mr. Kinsaul to go over her bill to see if there’s excess usage that may or may not be something that’s attributable to inside plumbing plus we had a rate increase on the water bills. Ms. Lyde said she understands there has been a rate increase, but her bill is higher than anybody else in her area. She said she had Mr. Stuckey to come and check her lines and she doesn’t have a leak. Mayor Watkins told Ms. Lyde that he would get her and Mr. Kinsaul together and go over her bill and see if he can find anything that does not 28 look right such as if the meter has been overread or estimated. Ms. Lyde said somebody is not reading her meter right because it’s not looking right and the bill is not right. Ms. Lyde said if she was using the water she would not have a problem with paying a high water bill. Councilman Cannon said he would like to meet with Mr. Kinsaul also because he was out of town for two weeks and his water bill went up $40.00. Councilman Cannon said he doesn’t have any leaks either because he had a plumber to check. Mr. Kinsaul will check on Councilman Cannon’s problem as well. PROCLAMATION FOR BLUECROSS BLUESHIELD Mayor Watkins said that City of Darlington will express their gratitude to BlueCross BlueShield of South Carolina by presenting them with a proclamation on October 29, 2009 commending them for a $70,000 contribution to The Free Medical Clinic in Darlington. Upon motion of Mrs. Cohen, seconded by Mr. Segars, to present BCBS with a proclamation recognizing their $70,000 contribution to the Free Medical Clinic, which unanimously carried. PROPOSAL FROM CAROLINA WASTE SOLUTIONS – MR. BRIAN BAGWELL Mr. Bagwell was not present at the meeting, so Ms. Nancy Matthews gave Council an update on their findings. Ms. Matthews said they have completed the audit of the billings from our waste hauler and the billings to clients. She said they have cleaned up all of the accounts that were being charged and should not have been, and also double billings, etc. She said they found a savings of over $18,000 annually just by cleaning up the books. Ms. Matthews said there is nothing to be done on the City’s part, but in the next month they will be looking at future opportunities for future savings. Ms. Matthews said she hopes they will have a proposal to look at other ways to save the City some money. Mayor Watkins asked Ms. Matthews if she could make the proposal available to management for their recommendation and consideration so they can give Council advice on it. Ms. Matthews told Mayor Watkins she should have that info available in the next couple of weeks. REQUEST FROM MRS. MARY CAPERS FOR DARLINGTON MEMORIAL CEMETERY Ms. Capers was not present at the meeting, but Mr. Howard Garland said that Ms. Capers called and requested that Council provide funding for markers for veterans in the cemetery. Mr. Garland said Ms. Capers did not 29 give him a dollar amount, she just mentioned to him why she wanted to appear before council. FIRST READING TO REZONE A PARCEL OFF S. MAIN STREET BEHIND SALEM BAPTIST CHURCH Mayor Watkins said the purpose of the request is so that the church would be able to provide parking behind the building. Mayor Watkins said because the area behind the church is zoned residential, they must come before council in lieu of going to the planning commission since they are not fully staffed at the present time. Mayor Watkins suggested that Council have first reading so that we’ll be able to move the request forward and consider the request of the church and hear from any interested parties. Mrs. Cohen asked how the neighbors would be advised of the property change. Mayor Watkins said it is done supposedly with signs and advertising stating there will be a hearing on the rezoning of the property. A gentleman was present at the meeting representing Architect, Mr. Harvey Ezekiel who is working on the project. He said if he is not mistaken, the signs are already on Kirven and Allen Streets. Mayor Watkins asked Mr. Langley the time table in order to meet the requirements for advertising the property rezoning. Mr. Langley said the ad has to be in the paper fifteen days before the public hearing. Mayor Watkins said if Council agrees, they will have a public hearing on the property rezoning at 6:30 PM on November 3rd prior to the regular council meeting. SECOND READING ON ORDINANCE TO TRANSFER CITY OWNED PROPERTY Mayor Watkins said Council has had opportunity to review the agreement between the City and go ahead and give second reading to the form. Ms. Hines said she has several concerns with the contract; one stating that the term of the lease beginning October 1, 2009 and ending September 30, 2038 which in twenty-nine years. She said this is a long time to hold a mortgage on anybody. The second issue is the rental, the first year the City will pay $17,566 and thereafter a 3% increase each October. Ms. Hines said for twenty-nine years the City would have paid Landmark which has changed to McClellan Manor, LLC a total of $794,312.17. Ms. Hines said this is just for the retail space and it’s a lot to pay for two retail spaces. She said this has nothing to do with phase 1; this is phase 2 she’s talking about. Her third concern is under Maintenance & Repairs. The City would have to pay $300.00 per service call for the walkway and two retail spaces. Ms. Hines asked if the City would have to pay $500,000 in fire legal liability. She 30 wanted to know if the tenants would be responsible for their insurance. Mr. Garland said the City’s liability would only be for the walkway. Mayor Watkins said the 3% is based on the premise that the retail spaces would be rented at a cost above what we paid Landmarks. Ms. Hines said her understanding was that phase one has a 30 year payback, and phase two is supposed to have an 18 year payback. She said according to her copy of phase 2 it says 30 years also. Ms. Hines wanted to know why her copy of the agreement says twenty-nine years and not eighteen years. Mayor Watkins said twenty nine years is actually the amount of time that Landmarks owns the property. Mr. Garland said it was discussed at the last meeting for the City to do one of two things; either let Landmarks collect the retail rent or we can collect it ourselves. Mr. Garland said he thinks the City should have control of the retail spaces. He said if we allow Landmark to have control over the retail spaces we could end up having a not-so-desirable business on the Square. Mr. Garland said we can suggest to Landmarks to increase the 3% rate every five years rather than every year. Mrs. Thomas said the City of Darlington turned over the CDBG Grant to Landmark Assets. She wanted to know how the name changed from Landmark Assets to McClellan Manor, LLC. Mrs. Thomas said she is confused about who is in charge. Ms. Hines said from day one of the phase 1 project there was not enough information given to them. Mrs. Thomas said she believes transactions are being handled by unauthorized people who know more about this than the City Manager. Mrs. Thomas said as far as the meeting that was called on September 22nd, she understands now that it was the Assistant City Manager who called the meeting, but the memo she received came from the City Manager. Mrs. Thomas said she is beginning to get mixed up as to who is in charge. She said the City Manager was not present at the meeting neither was the Clerk present to take minutes. Mrs. Thomas said they don’t have a record of what was discussed in the first meeting. Mayor Watkins asked Mr. Langley if he delegated this to Mr. Garland. Mr. Langley said Mr. Garland started the program, but he would say he told Mr. Garland that this was his project. Mrs. Thomas said she doesn’t think Mr. Garland is authorized to handle this. She said it seems like everything is being taken out of the hands of the City Manager. Mayor Watkins said there is nothing that has happened that Mr. Langley did not know about. Mrs. Thomas told Mayor Watkins he and Mr. Garland are the ones running things. She said our City Manager is supposed to be the one to know everything and report to Council because he is the one that will be held responsible for whatever goes wrong. Mrs. Thomas said Mr. Garland has been working on this since December, 2008 because that is the date printed 31 at the top of the report and they just received info on September 22, 2009 and then they are expected to vote on leases and ordinances. Mrs. Thomas said they have been asking and asking for numbers and information on this project. Mayor Watkins told Mrs. Thomas this is a work in progress and Council has been kept up-to-date and they know everything that Mr. Garland knows and so does Mr. Langley. Mrs. Thomas said her point is the info that Mr. Garland gave them had a print date of December, 2008 and it was just given to them September 22nd. Mayor Watkins said Council has had many work session and many meetings concerning this. Mrs. Thomas said she doesn’t think the Council should sit by and let two people run this City. Ms. Hines said from day one of phase one everything was not put on the table. She said a lot of things were said, but there was nothing in writing. Ms. Hines said it’s always good to have a paper trail and there was not enough clarity on it. Ms. Hines said it was despicable the way things were done. Mr. Cannon said in order to clear things up we need to have a meeting to answer some of their concerns. Mayor Watkins said it would be a good idea to get someone from Landmark to come and answer any concerns Council may have. Mr. Cannon made a motion for Council to call a meeting and go back and make things right. Mrs. Thomas seconded the motion. Mayor Watkins suggested that we not transfer the property until all of Council’s questions are answered. Mrs. Cohen amended the motion to delay second reading on transferring the property and fast track this session to get these questions answered. Mrs. Thomas seconded the motion. There was discussion as to which motion took precedent over the other. Mr. Segars said if we approve the amendment which will delay second reading, then this will delay closing the whole project out. Mayor Watkins said that second reading does not constitute transferral of property, it only allows the City Attorney to make sure he has the proper paperwork signed at the time that Council indicates to him that they are ready to close on the property. Mr. Chapman asked if this would hinder the water & sewer improvements. Mr. Garland said the bid opening is supposed to be Thursday at 2:00 PM. He said if this motion passes, we can open bids, but we can’t accept any. Mr. Garland asked to speak, but Mrs. Thomas told him they were in the middle of a motion. Mayor Watkins recognized Mr. Garland and allowed him to speak. Mr. Garland said someone used the word “despicable”. He said he has all of the records for this project and all of the checks. He told them they’ve seen all of the payouts, October 2006, July, 2008 and Council approved the CDBG application in September, 2008. He told Council these items are the same things he’s given them three different times on this property. He said there are no games with this and 32 everything has been done above board. Mr. Garland said he’s a public servant, and he takes his responsibility seriously. He said he’s an honest person and he doesn’t appreciate someone saying he and the Mayor is doing despicable things behind their backs. Mrs. Cohen stood on her amended motion that she previously made. Mr. Cannon voted – Yes; Mrs. Cohen – Yes; Ms. Hines – Yes; Mrs. Thomas – Yes; Mr. Segars and Mr. Chapman voted – No. The amended motion passes. Mr. Cannon said when we get into certain issues such as this we need our City Attorney present. Mayor Watkins said when we advertise for our City Attorney we need to make it a prerequisite that the City Attorney attend the City Council meetings as part of their retainer. Mayor Watkins asked if someone wanted to make this motion. Mr. Cannon made a motion for the City Attorney to be at all Council meetings. Mayor Watkins told Council before they continue, they need to understand that this is not included in Mr. Howle’s retainer at the present, and would we pay him more to come to the meetings. Mr. Cannon told Mayor Watkins he will withdraw his motion and for him to ask the City Attorney if he would appear before Council. CITY MANAGER’S UPDATE 1) B.A. Gary Gym update – we now own the gym and it has been included on our insurance. We decided to get the roof repairs started first before we get a request for bids for the floor; 2) Mr. Langley said at the last meeting Mr. Woodall was present to talk about the truck traffic and he has talked with Mr. Roy Parnell with SCDOT. Mr. Langley said they will meet on site to look at the building and the poles they have put up to see if there’s anything they can do to strengthen them or do something to protect Mr. Woodall’s building. He said he mentioned about them checking to see if we can put concrete around the pole to make them sturdier. He said he talked with the Police Chief about stepping up enforcement. Chief Cox suggested we put up larger signs for the truckers to see. 3) Mr. Langley announced that as of January 15, 2010 he will be retiring from the City. Ms. Hines said Council gets reports from all departments except the Police Department & Courts. She said she has been on Council for eight years and the audit reports have always said they can’t get reports from the Police Department. Ms. Hines said the Police Department collects money, so they should be able to give them a report as to how much money is collected on a monthly basis. Mayor Watkins said he believes the Police Department use to give Council a report. Mayor Watkins said Mr. Langley will pass this on and make sure Council gets a report. 33 ASSISTANT CITY MANAGER’S UPDATE 1) Final inspection on the Carnegie Building will be October 28, 2009; 2) Staff, Mr. Freddie Kinsaul and myself will meeting with EDA Representative for SC, Robin Cooley on October 21, 2009 at the Pee Dee COG. Mr. Garland said they will be seeking funding for sewer improvements to tie in the line to send wastewater to Florence. Mr. Garland said this is based on the idea that Dixie Cup is getting some of the jobs that they are bringing in. He said we would like to partner with the Darlington County Water & Sewer Authority, EDA and the City to see how many jobs we can create and that way if we have partners we won’t have to put in as much money. 3) The City has been talking with another water & sewer engineering company about helping us with larger grant funding projects. He said they are going to have someone come from Goldie & Associates, which is a water & sewer company from the upstate to come to either the November or December council meeting to make a presentation. 4) $2,200 in gifts were donated to The Williams/Farrow Memorial Fund 5) Bid opening for the CDBG-R grant for water line improvements in West Darlington will be Thursday @ 2:00 PM. 6) Started laying pipeline in Williamson Park; 7) The Williamson Park Road Race was a success. They had 109 runners. 8) There was Darlington County Census Count meeting this morning. They met with Ms. Phyllis Griffith, representatives from the City of Hartsville, Town of Lamar, Town of Society Hill and City of Darlington. They will have another meeting where they will start training people on Thursday, November 12, 2009 @ 9:00 AM at the Admin Building. WORK SESSION A work session has been scheduled for Tuesday, October 20, 2009 – 6:00 PM in the City Admin Building. Mr. Garland asked if they wanted to have a representative from Landmark present at the work session to answer any questions. Mayor Watkins told those present that Council needed to go into executive session to discuss a personnel issue and negotiations concerning a potential purchase of property. REMINDERS October 10, 2009 – Sweet Potato Festival; November 18, 2009 – MASC Meeting at the Raceway @ 11:00 AM - 1:00 PM; November 19, 2009 – City 34 Employee Dinner @ 7:00 PM; November 26 & 27, 2009 – Thanksgiving Holidays. EXECUTIVE SESSION Mrs. Cohen made a motion to go into Executive Session at 9:14 PM to discuss a personnel issue and negotiations concerning a potential purchase of property. The motion was seconded by Mr. Segars. Upon motion of Mr. Segars, seconded by Mrs. Cohen, to end Executive Session at 10:10 PM. Mayor Watkins said it was discussed in executive session about the City possibly purchasing the old S&E Cleaners property. The owner stated that if the City wants the property and doesn’t have the money right now, it can take it’s time to pay for the property. The property can be demolished and the space used for parking if the City decides to purchase it. Mrs. Cohen made a motion to check with any environmental authority to find out if there would be any encumbrances for us using this land for parking and if we find it’s not going to be a problem, then we move forward and accept the offer for $15,000 and put in next year’s budget. Mrs. Cohen said if we do find a problem we take it up at the next work session. No one seconded the motion. Mr. Cannon asked if we could talk to the owner to come down on the price. Mr. Garland said we could make a counter offer for half the amount because the owner really wants to get rid of it. Mrs. Cohen said maybe we can offer him $10,000. Mr. Cannon said to start at $9,000 and then go up. Mr. Langley told Council it won’t hurt to ask Mr. Weatherford, but he needs guidance from Council as to how far to go. Mr. Cannon told Mr. Langley not to go to $15,000. Ms. Hines said we need to find out what DHEC has to say first and what kind of problems we may encounter. Mr. Langley and Mayor Watkins agreed with Ms. Hines. Ms. Hines said purchasing this property might be too much for the City to encounter. Mayor Watkins said after we see what DHEC has to say, we give the owner the following option: that we promise you that we will purchase this property within a year for $15,000 however, if there is an environmental liability that we are not willing to consume based on the advise of DHEC, the City does not have to purchase the property. Mayor Watkins said we can put anything in the agreement that we want to and can change our minds if not desirable, but the owner can’t change his mind. Mr. Langley said he would see if he can get the owner to come down on the price and let him know that it is still based on their findings. Mr. Cannon made a motion 35 for the City Manager to handle this. The motion was seconded by Mrs. Cohen. All approved the motion. ADJOURNMENT Upon motion of Mr. Segars, seconded by Mrs. Cohen, the meeting adjourned at 10:25 PM. Mayor ATTEST: Clerk & Treasurer SPECIAL DARLINGTON CITY COUNCIL MEETING HELD TUESDAY SEPTEMBER 22, 2009 A special meeting of Darlington City Council was called for Tuesday September 22, 2009 at 6 p.m. in the Darlington City Council chambers. The following people were in attendance: Mayor Anthony Watkins, Councilwoman Gloria C. Hines, Councilwoman Dyan R. Cohen, Councilwoman Annette D. Thomas, Councilman Wayne G. Chapman, Councilman John Segars, and Assistant City Manager Howard Garland. Not in attendance were City Manager Rodney Langley, Clerk/Treasurer Gloria Pridgen, and City Councilman Coleman Cannon. The meeting was called to order by Mayor Watkins at 6:04 p.m. A motion was made by Councilwoman Cohen to make Assistant Manager Garland Clerk for the meeting. Her motion was seconded by Councilman Chapman. Mayor Watkins then asked for a motion to go into executive closed session to discuss an economic development matter. Councilman Segars made the motion that Darlington City Council go into executive closed session and the motion was seconded by Councilwoman Hines. The closed executive session began at 6:08 p.m. 36 City Councilman Segars made a motion that Darlington City Council end the executive closed session at 7:17 p.m. The motion was seconded by Councilwoman Cohen. Mayor Watkins then called for a vote for first reading of an ordinance to sell the McLellan Building from the City of Darlington to McLellan Manor LLC. Voting in favor were the following: Councilman Chapman, Councilwoman Thomas, Councilwoman Cohen, Councilman Segars, and Mayor Watkins. Voting no to the transfer was Councilwoman Hines. The ordinance passed 5-1. Councilman Segars then made a motion to adjourn the meeting seconded by Councilman Chapman. The vote to adjourn was unanimous. The meeting ended at 7:26 p.m. _____________________ Howard Garland Temporary Clerk to Council CITY OF DARLINGTON REGULAR CITY COUNCIL MEETING September 1, 2009 The Regular Meeting of Darlington City Council was held September 1, 2009 at 7:00 P.M. in the Court Room of City Hall at 400 Pearl Street. PRESENT AT MEETING: Councilperson Mrs. Dyan Cohen, Mrs. Annette Thomas, Ms. Gloria Hines, Mr. Chapman, Mr. Cannon and Mr. John Segars. Also present: Mayor Watkins, Assistant City Manager, Mr. Howard Garland, Mr. Robert Garland, Mr. Freddie Kinsaul, Fire Chief Jim Stone, Tony DiLeo and Ms. Susan Alexander. News reporters Mr. Dwight Dana and Ms. Cathy Elliott. Copies of the agenda were faxed to the News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. 37 The meeting was called to order at 7:00 P.M. by Mayor Watkins. PRAYER Mayor Watkins gave the invocation which was followed by the Pledge of Allegiance. AGENDA CHANGE Mayor Watkins said if there were no objections from Council, he would like to add item 5-A to the agenda- Mr. Walter McCall & Mr. Milton Smalls from the U.S. Census Bureau. Also add item #7. Mayor Watkins said Mr. Bagwell is not here, but he has heard from Mr. Howard Garland some of the subject matter concerning his presentation. Mayor Watkins asked Council if they would hear the information provided by Mr. Bagwell in executive session since it involves contract re-negotiations. All of Council was in favor to hear the information in executive session except Mrs. Thomas. Mrs. Thomas said she objects because of the fact we are giving Mr. Bagwell undue privilege over any other company. Mrs. Thomas said she thinks this is a citizen concern anyway. Mr. Chapman made a motion to hear Mr. Bagwell’s information in executive session. Mrs. Cohen seconded the motion. All approved the motion except Mrs. Thomas. APPROVAL OF MINUTES Mrs. Cohen made a motion to approve the minutes of our last regular meeting. The motion was seconded by Mr. Chapman. Mrs. Thomas said on page 5 of the minutes under “info only” to change the wording from “an incident occurred on Housing Authority property involving Mr. Robinson who works for Housing Authority to who worked for Housing Authority. Thomas said a lot of verbage is cut out of the minutes. Ms. Hines said the recorder did not record at July’s meeting and the clerk thought the recorder was fixed by last month’s meeting, but it did not record August meeting either. Mr. Cannon said he thinks the minutes should only include the main discussion and any motions that are made. Ms. Hines said some things are said at meetings that are very important therefore, it needs to be recorded in the minutes even though it’s not a motion. Mrs. Thomas said if we don’t have a recording system that is recording on two months occasion with no back-up systems, is it possible for council to consider doing something about the recording system. She said if someone wanted to come listen at the minutes from the meeting there wouldn’t be anything for them to listen to. She asked Mayor Watkins isn’t it Council’s responsibility to have minutes 38 so that they can be reviewed for up to 30 days. Mayor Watkins said we do need to make sure the recording equipment is operating properly, but this needs to be handled administratively. Mayor Watkins said it is in the clerk’s job description to record the minutes of the meeting. Mrs. Thomas said she was talking about equipment and not about the clerk’s qualifications. Mayor Watkins said if the clerk is responsible for recording the minutes it would be her responsibility see that she has the proper equipment. Ms. Hines made a motion for administration purchase a new recorder before the next meeting if this one does not record. The motion was seconded by Mr. Cannon. All approved the motion. All approved the motion to approve the minutes of our last regular council meeting with noted changes. MAIN STREET UPDATE – TONY DILEO Mr. DiLeo said Flower Baskets by Becky received the “Business Pride Award”. The Residential Pride Award was given to Bill & Carolyn Abbott on North Street. Signage was approved for Victory Tabernacle Church. Mr. DiLeo said he and Mr. Langley have met with a man from Taylor Garden shop a couple of times about landscape ideas for the City Admin Building, City Hall and The Council on Aging Building. Mr. DiLeo said he got a plat of the area from the Courthouse and Mr. Taylor will come up with suggestions for the area and then it will go out for bids. Mr. DiLeo said he drew the plans up for E. Broad Street improvement in detail and submitted them to the Highway Department. He said he met with the Highway Department officials three different times and they want some changes made, so he will redo the plans and resubmit them to DOT for their approval. Mr. DiLeo said he is still getting calls about the Carriage House. He said Robert Williams is interested in the building also. 5K Run for Williamson Park will be September 19, 2009. He has two ladies interested in opening a restaurant in the Baker’s Street Café Building. He said he had someone inspect the Cromer’s Building and someone is interested in opening an antique shop at 101 Pearl Street. Mr. DiLeo said he is working on a ribbon cutting ceremony for the McClellan Building. CHAMBER UPDATE – MS. SUSAN ALEXANDER Ms. Alexander said they are in the process of board nominations for 2010 board seats. She said as of this afternoon, the Chamber has signed partnership with 2010 Census. She feels it is very important for the Chamber to participate with them because the census has a lot to do with how much money we get as a State, community and town. The Chamber is still working to get their accreditation. The Chamber will be participating 39 with the Taste of Society Hill which will be Thursday September 17, 2009; The Annual Golf Tournament will be Friday, September 18, 2009 Beaver Creek Golf Club; The State of the County Luncheon will be October 7, 2009; On October 8, 2009 will be an open house for J&W Greenhouse in Lamar, SC; On October 29, 2009 the Chamber will be hosting “Taste of The Farm” as part of their outreach to the agricultural community. The “Taste of the Farm” will be held at Ovis Hill Farm outside of Lamar, SC. Every table has to provide a certified SC grown product. 2010 CENSUS – MR. MILTON SMALLS & MR. WALTER MCCALL Mr. Milton Smalls, with the U.S. Census Bureau appeared before Council to ask their help in reaching out to Darlington residents. He brought along tote bags for council which included a sample of next year’s application. Mr. Smalls said the bureau has simplified the application and there are only ten questions a resident has to complete. He said the message they are trying to get out to citizens is that it is important for people to fill out the census forms. He said all of the programs that the federal government fund is doled out based on the census count. He said he just received info last week from the US Census Bureau and it defines the areas that have a low response rate in Darlington. Mr. Smalls said he would like for Council to form a “Complete Count Committee” and each council member will nominate a person(s) from their district and they will come in and train them and steer them in the right direction. He said they want to get an accurate count for Darlington because it does affect the dollars that come back into the community. Mr. Smalls said they want to get out that the census is easy, it’s safe and it’s confidential. He said any census information that’s collected for the 2010 census will be safeguarded for seventy-two years and will not be made public until 2082. Mr. Smalls said the census forms will mail the forms out the middle of March, 2010. Mr. Cannon asked Mr. Smalls where a person would be able to get a form if they are not mailed one. He said they will have sites set up called “Be counted Sites” and if a person did not get a census form they can go to the site and fill out a form. WILLIAMSON PARK BOARDWALK BIDS Mr. Howard Garland passed out copies of the bid tabulation to council. He said fourteen companies purchased plans from Ervin Engineering Company. He said nine bids were received for the Williamson Park boardwalk from a low bid of $133,030 from Henley Construction Company from Cheraw, SC to a high bid of $367,816.50 from L-J., Inc. Mr. Howard Garland said Henley Construction did the previous work on the boardwalk in the 1980’s 40 and 90’s. Ms. Hines wanted to know what percentage of people will be using the park since it is more private than public. Mayor Watkins said the Council as a whole has appropriated $150,000 of hospitality tax money for Williamson Park renovations. Mr. Chapman wanted to know if Henley’s Construction is licensed. Mr. Garland said since the bid opening Ervin Engineering has checked to make sure they were licensed and bonded. He said Henley Construction also did Phase 3 of the Streetscape project on Pearl & Cashua Streets. Mrs. Cohen made a motion to accept low bid of $133,030 from Henley Construction Company. Mr. Chapman seconded the motion. Mrs. Thomas wanted to know if construction is included in the $63,900 since it’s the highest division on the sheet that Mr. Garland passed out. Mr. Garland said divisions 1, 2 & 3 will ensure that the loop goes around the park. Mrs. Thomas said since we don’t have any expectation of when each section is going to be completed when we will know when to pay the contractor. Mr. Garland said once the contract is signed and we have a preconstruction meeting, they will have 120 days from that meeting to finish the work or they are fined $120 a day. Mrs. Thomas was unclear about the amounts in each division on the bid tabulation sheet that Mr. Garland passed out. He said he would image that the company would submit a request for payment after 25% of the work is complete, after 50%, etc. Ms. Hines asked if the contract lists specifically what will be done for the $133,000. Mr. Garland said, “Yes”. All approved the motion. RIGHT TURN RESTRICTION FROM PEARL ONTO S. MAIN – MIKE WOODALL Mr. Woodall said he’s requesting from the City to prevent trucks from making a right hand turn off of Pearl Street onto S. Main Street. He said he owns the building at 101 Pearl Street and he is tired of it getting hit. He said he is not asking that normal vehicles and light weight trucks be prohibited, but for tractor trailers and heavy trucks not be able to make the turn. Mr. Woodall said he is asking, which is what Mr. Langley proposed several years ago to DOT, that instead of trucks being able to make the right hand turn, they will have to go around the Square, make a left turn and go straight down S. Main Street. He said this will prevent trucks from hitting the building as well as safety. He said DOT has reviewed the situation and feel it is appropriate and has already indicated they are willing to provide the signs. Mr. Woodall said their request is that the City would back those signs up by putting them in place and enforce it through our local police department. Mr. Woodall said in 2005 he had posts put up on the corner of the building, but a tractor trailer hit the corner again. He said that post has 41 been moved and DOT is working with the City to replace those posts again. Mr. Woodall said he has now asked that they weld the three posts together because the center post will get the most damage. He said he carries insurance on the property, but it is not fair to him to carry the burden of whatever happens to that building when it was not caused by him, but by a third party. Mr. Woodall said it’s not in the best interest of the City to have to bear the burden of someone else’s accident. He said he’s considered putting cameras on his building, but it’s not likely they would get a license tag number. Mr. Woodall said a lot of the trucks come in at night and he realizes that it would be impossible for law enforcement to catch the drivers unless there was an officer stationed on the Square at all times. Mr. Woodall said he made a suggestion to Mr. Langley that the City could easily identify vehicles that had to come into the City on business by using a bright neon sticker to register their trucks. He said it would have to be clearly placed on the cab of that truck in visible sight so that any officer or citizen could see. The City could charge for this and this would mean revenue for the City. Mrs. Cohen asked Mr. Woodall if he knows of any communities that uses the stickers. Mr. Woodall said he has lived in several different places and the companies he’s worked for their trucks had to have specific stickers that were licensed for the different communities that they had to go to. She also asked Mr. Woodall what would be the strongest possible protection that could be constructed for him. Mr. Woodall said he asked for two poles and for it to be legislative and policy as far as signs and enforcement. He said he also asked DOT to keep the post there and replace the center post that has been knocked down and weld them together. He said even if we put this in place, somebody is going to break the law. Mr. Woodall said it’s not only his situation, but the City’s as well, because if someone hits his building he’s not planning on paying for it, he’s going after the City. Mayor Watkins said he doesn’t think the poles are big enough and Mr. Woodall said he agrees they are not. Ms. Regina Weatherford said she has a business on the Square and she agrees with what Mr. Woodall has said. She said maybe barriers would help Mr. Woodall’s situation, but if traffic was rerouted through the Square we’re going to have more problems. She said the big rigs cause a lot of problems and she feels the pedestrians are at risk as well. Ms. Weatherford said there aren’t any businesses on the Square that would require those big rigs to come through town. Mayor Watkins said we have a difficult situation and before we send big trucks around the Square, we should see how it would impact the merchants. He said we need to look at how, when and if we are enforcing the law. Mayor Watkins said it is Council’s pleasure what should be done about this. Mrs. Cohen made a 42 motion for the City Manager to look at the reconstruction of barriers and look at the enforcement of the law as it is written. Mr. Chapman seconded the motion. Mr. Woodall asked what makes it difficult not to allow tractor trailer trucks into the City. Mayor Watkins said he thinks it will require a little more work. Mayor Watkins said he believes trucks making deliveries in the downtown area shouldn’t be an 18-wheeler. He said if they want to deliver downtown, they need a city van or a modified truck. Mayor Watkins said in order to review our laws the motion made could be amended not only to look at the way the law is enforced, but to amend the law which would state, “that any truck cannot come downtown at all delivering or not. Mrs. Cohen amended her motion to include possibly looking at the types of vehicles. Mr. Chapman said he likes the idea of the stickers, but asked how we would prohibit the big trucks from going to Dixie. Mayor Watkins said the truck drivers would have to find another way to get to Dixie other than through downtown Darlington. All approved Mrs. Cohen’s motion. Mr. Cannon said we went through this same thing about five years ago. He said this is the second time we have been through this, but the problem is the law is not being enforced. Mr. Woodall wanted to know when he can follow up on this to see what the resolution will be on this. Mayor Watkins said once we talk with DOT he should be able to let him know something. APPROVAL OF WEATHERIZATION GRANT APPLICATION Mr. Garland said he is applying for stimulus money (Weatherization Grant) to purchase four new heat pumps for the West Broad Street location. He said he had to get a proposal from a heating & air company for the four new heat pumps. Mr. Garland said they propose to put 2-10 ton heat pumps and 2-7 ½ ton pumps at a cost of $22,830 for the location. Ms. Hines asked if the City has to match this amount. If Council approves, he will go ahead and get Mr. Langley to sign the application. Mr. Garland said, “No”, but $2,500 has been added so that we can get long term warranties on each unit. Mr. Chapman made a motion to approve the weatherization grant application. Ms. Hines seconded the motion. All approved the motion. If we receive the grant, we will then bid this out. SECOND READING TO CHANGE W&S RATES Mayor Watkins said last month we had first reading to change some of the rates in the Water & Sewer department. Mr. Kinsaul said there will be a $.50 increase on the capital fee which will go into the capital fund. Upon motion of Mr. Chapman, seconded by Mr. Segars, second reading of 43 ordinance to change rates in the water & Sewer Department, which unanimously carried. Mr. Chapman said he would like for the return check fees to also be transferred to the capital fund. Mr. Chapman made a motion to instruct administration to transfer return check fees to the capital credit fund. The motion was seconded by Mrs. Thomas. All approved the motion. ASSISTANT CITY MANAGER’S UPDATE 1) Mr. Garland said the Carnegie Library should be complete in a couple of weeks. He said sewer lines leading out to the street from the building were clogged with coal from the old boiler, but most of the lines have been cleaned. 2) The Williams/Farrow Committee will visit Cheraw on September 21st to see the Dizzy Gillespie statue. 3) We are ready to bid out work for the CDBG-R grant for water line improvements in West Darlington. 4) The McClellan Ribbon Cutting/Grand Opening is set for Wednesday, September 23, 2009 at 12 noon. 5) Mr. Garland said they have been working diligently with the developer and our attorney. He said Council needs to call a special meeting later this month to look over the agreement with the developer and approve First Reading of Property Transfer. 6) Raven’s Closet opened today on 8 Public Square in the old Alexander’s & Isabella’s location. He said there are no firm tenants for the two retail spaces at the McClellan Building yet. He said they will start marketing the retail spaces on the radio stations WDAR and WJMX tomorrow to try and get traffic in there to look at the spaces. 7) The hospitality tax bond was signed earlier this past month and we received our first reimbursement from BB&T. 8) The Williamson Park Road Race is scheduled for Saturday, September 19, 2009. 9) The Mayo High School Alumni Association will have their annual celebration this weekend. 10) The first week in October, the Elks will host the State Convention here. 11) Saturday, October 10, 2009 – The Sweet Potato Festival; The Darlington Race Festival will be September 26th & 27th, 2009. Mr. Garland invited Council to take a tour of the McClellan Building – the walkway, retail spaces and apartments at their convenience. REMINDERS September 4, 2009 – Election filing ends September 7, 2009 – Labor Day Holiday Mr. Segars made a motion to go into Executive Session at 9:00 PM to discuss a contractual matter. The motion was seconded by Ms. Hines. 44 Upon motion of Mr. Segars, seconded by Ms. Hines, to end Executive Session at 9:30 PM. ADJOURNMENT Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 9:31 PM. Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON REGULAR CITY COUNCIL MEETING August 4, 2009 The Regular Meeting of Darlington City Council was held August 4, 2009 at 7:00 P.M. in the Court Room of City Hall at 400 Pearl Street. PRESENT AT MEETING: Councilperson Mrs. Dyan Cohen, Mrs. Annette Thomas, Ms. Gloria Hines, Mr. Chapman and Mr. John Segars. Also present: Mayor Watkins, City Manager, Mr. Rodney Langley, Assistant City Manager, Mr. Howard Garland, Mr. Robert Garland, Mr. Freddie Kinsaul, Tony DiLeo and Ms. Susan Alexander. News reporters Mr. Dwight Dana and Ms. Cathy Elliott. 45 Copies of the agenda were faxed to the News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 P.M. by Mayor Watkins. PRAYER Mrs. Dyan Cohen gave the invocation which was followed by the Pledge of Allegiance. APPROVAL OF MINUTES Mr. Segars made a motion to approve minutes of our regular city council meeting. Ms. Hines seconded the motion. Mrs. Cohen said on page 3 of the regular meeting minutes under presentation by Carolina Waste Solutions, to add at the end of the motion: …give CWS an opportunity to look at this and come back to Council to see if this is something they would like to do. On page 4 of regular council meeting minutes under “agreement with DBS Communication, Mrs. Cohen had the following changes: where Mrs. Cohen made her motion, add provide a trial period of three months of videotaping council’s meetings” and strike “film three meetings at no cost for us to review and add if acceptable to the council as to audio/visual quality, that the city would go for a three-year contract at a negotiated per meeting cost. Strike “made a motion to” for sentence to read: Mrs. Cohen suggested that we begin negotiations…. After $125.00 add per month, since we would not include special meetings. Strike – the motion was seconded by Mrs. Thomas. Under Mr. Cannon’s motion, delete made a and add moved to amend the motion and to specify that, delete the words for and to for sentence to read Mr. Cannon moved to amend the motion to specify that the City begin a thee month trial with DBS…… Mrs. Thomas said on page 5 of the minutes under discussion of appointment of Municipal Judge, to change the following: She said since the committee wanted someone that was a judge to …someone that was a lawyer. All approved the minutes with noted changes. MAIN STREET UPDATE – TONY DILEO Mr. DiLeo said Mr. William Abbott’s home received the “Residential Pride Award. Flower Baskets by Becky received the Business Pride Award. Mr. DiLeo said he is working with the Roth Building and he’s also working with three ladies interested in the Old Carriage House building. A Ribbon Cutting for Pic-A-Pet, 601 Pearl Street, will be Thursday, August 13, 2009 46 at 12 noon. He said he is working with Hardee’s on the E. Broad Street side where the sidewalk is in bad shape and needs some work to fix the problem. Mr. DiLeo said he is also working with the Highway Department concerning this. CHAMBER UPDATE – MS. SUSAN ALEXANDER Ms. Alexander said it’s been along time coming, but the new maps are in and they have all of the streets listed and it’s very accurate. Ms. Alexander said she and the Board has been working on getting U.S. Accreditation for the Chamber. She said they attended a SACCE meeting in Raleigh, NC and she learned a lot of information. On September 11, 2009, there will be a golf tournament at Beaver Creek Golf Club on McIver Road. Darlington After Hours will be August 11, 2009 at the jet port here in Darlington. There will be a Lunch ‘n Learn on August 18, 2009. On October 7, 2009 there will be a State of the County Luncheon at the Pee Dee Electric Conference Room. Ms. Alexander said they are not having the luncheon at the Country Club this year because she feels they need to give some of the other chamber members a chance to do something. REQUEST TO RESTRICT TRUCKS FROM MAKING RIGHT TURN ONTO S. MAIN STREET – MR. MIKE WOODALL Mr. Woodall was not present at the meeting, but Mr. Langley said he received a letter from DOT and Mr. Woodall is requesting that the City restrict trucks from making a right turn from eastbound Pearl Street onto Southbound Main Street at the Square because the trucks keep hitting his building. Mr. Woodall is requesting that the trucks be required to go straight, turn around the courthouse and make a left turn at the light so they can go straight. Mr. Watkins said he doesn’t think this is an attractive option. Mr. Chapman asked who is going to enforce this. Mayor Watkins said our Police Department will enforce this. Mr. Chapman said they don’t enforce the ordinance that we already have in place. Mayor Watkins said he sees potential problems with big trucks going around the Square. Mayor Watkins said he would like to know more about this. Mrs. Cohen said maybe we can try this for a few months. She said maybe we can send letters to the merchants and get their input. Mayor Watkins said there will be an expense involved in doing this, signs, etc. Mayor Watkins asked council if they objected to receiving this as information. No one objected. APPROVAL OF GRIEVANCE PROCEDURES – DISABILITIES ACT. 47 Mrs. Thomas wanted to know if Mr. Kendall makes sure all businesses have handicap accessible ramps. Mayor Watkins said all new businesses are required to have handicap accessible ramps, but the old businesses are grandfathered in. Upon motion of Mrs. Cohen, seconded by Mr. Segars, to approve Grievance Procedures to meet the requirements of Section 504 of the Rehabilitation Act as amended and the Americans with Disabilities Act of 1990, which unanimously carried. DISCUSSION OF WATER RATES – MR. KINSAUL At our last council meeting Mr. Kinsaul gave Council a handout of proposed increases for out of city water and sewer rates. Mr. Kinsaul said he also proposes an additional $.50 on each residential customer to go toward the capital credit fund. The capital credit amount will increase from $1.00 to $1.50. Upon motion of Mr. Segars, seconded by Mr. Chapman, First Reading of ordinance to change rates in the Water & Sewer Department. Ms. Hines wanted to know why we needed a .50 increase. Mr. Kinsaul said in order to build up the capital fund to do projects or whatever else needs to be done. Mayor Watkins asked Mr. Kinsaul about the life of the treatment plant. Mr. Kinsaul said the treatment plant should be able to operate another 10-15 years. Ms. Hines asked Mr. Kinsaul about certain expenses that are paid to Davis & Brown. All approved the motion. Mr. Chapman asked Mr. Kinsaul if we could take the return check fees and put into the capital fund since this is not money we expect to get. Mr. Kinsaul said he needs some of the money collected to operate on. He said the City received a consent order on May 7, 2009 because of a major overflow at the treatment plant. Mr. Kinsaul said it rained 4 inches in three hours and this caused several beds to overflow. Mayor Watkins asked if we agreed with the consent order. Mr. Kinsaul said, “No.” He said they are to meet with DHEC people on Thursday. We have to pay $11,900 if we don’t agree and$5,900 if we do agree. Mr. Langley said this is not our first overflow. Mr. Kinsaul said DHEC went back 10 years and considered our past history. Mr. Kinsaul recommends that we make construction improvements for $435,000 and pay $5,900. He told council he will keep them up-to-date with what’s going on. Mr. Langley said we will probably appeal this and negotiate with DHEC. CITY MANAGER’S UPDATE 1) Mr. Langley said as far as the hospitality tax bond, everybody is ready except the appraiser. He said once we close, we will be able to pay ourselves back. 2) For info only: Senator Malloy is interested in visiting the 48 swimming pool. He said he didn’t know the pool was up and running. 3) Mr. Langley said the City now owns the B.A. Gary Gym. He said we will start getting bids for roof and floor repairs. 4) Mr. Langley said he called Mr. Larry Smith with DBA Communications and they are not in agreement to do tapings for free. 5) Mr. Langley said he, Mr. Kinsaul and Mr. Howard Garland went to Chesterfield, SC to look at their system to read water meters. He said The City of Chesterfield can read 700 square miles in a minute. Mr. Langley said the systems can tell you at what point a household starts using water. The system can detect leaks immediately. Mr. Langley said this technology qualifies for green and stimulus money. Mr. Langley said he, Mr. Kinsaul and Mr. Garland will be going to Alabama to look at a system there. He said some from the County Water & Sewer Authority will be going to Alabama as well. Mr. Langley said HD Water Supply is paying the expenses for the trip, so there is no cost to the City. Ms. Hines wanted to know how much money would a system like this cost. Mr. Kinsaul said about $2M. Mrs. Thomas asked how a new system like this would affect the workers, etc. If the City chose to put this new system in this would cut out two meter readers and their trucks. 6) Mr. Langley said he found out that Fireman, Heyward Shoemake will be deployed to Afghanistan and could be gone anywhere from a year to a year and a half. ASSISTANT CITY MANAGER’S UPDATE 1) The Municipal Association of SC will have their regional meeting November 18, 2009, 11:00 AM-1:00 PM at the Darlington Raceway; 2) Mr. Garland said he has shown the Alexander’s retail space three times with no firm commitment yet. 3) The French drain at the Carnegie Library is complete and the contractor came in $10,000 under budget. 4) The South Carolina Business Initiative has received a USDA grant to extend Mrs. Karen Carroll’s job. The new grant will give Karen additional funding for at least two more years. 5) The Farrow/Williams Memorial Committee met Monday afternoon and approved joint fundraising effort for both memorials. 6) Mr. Garland said we still don’t have a working agreement with Landmarks concerning the McLellan Building. The McClellan agreement is being worked on by Landmark Attorney, Ms. Deborah Kinney and City of Darlington Attorney, Mr. Bill Howle. Landmark has agreed to add the cost of paving the parking lot behind McClellan’s at a cost of $40,000 and the cost of the parking lot ($30,000) to the payback. No payments will be made until the deal is finalized. The grand opening will be in September. 7) Rehab Builders will add an eight foot high wall with two closets to straighten out the left-side indentation in the walkway. This will be done at 49 no costs to the City of Darlington. Mr. Garland received an email from the developer, Mr. Ed Lipsky saying that Rehab Builders will install three large mirrors in the front of the walkway to allow pedestrians to look on either side of the entrance to the retail spaces. This cost will also be absorbed by Rehab Builders. 8) The bid opening for Williamson Park will be August 13, 2009 at 2:00 PM. INFO ONLY Mrs. Thomas said she received a copy of a letter from Mr. Jackie Robinson where he was given a citation from Officer Danny Watson for trespassing on Housing Authority property. The letter stated that he cannot go on certain streets within housing authority property. An incident occurred on Housing Authority property involving Mr. Robinson, who once worked for the Housing Authority. Mrs. Thomas wanted to know if the City has such a law on the books that can bar a person from going on city streets. Mayor Watkins said he contacted Mr. Bobby Kilgo about this incident. Ms. Hines said this has already been taken care of and that the citation should never have been signed by Officer Watson this should have been signed by Mr. Earl Johnson, Jr., the Housing Authority CEO. ADJOURNMENT Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 8:40 PM. Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON 50 REGULAR CITY COUNCIL MEETING July 7, 2009 The Regular Meeting of Darlington City Council was held July 9, 2009 at 7:00 P.M. in the Court Room of City Hall at 400 Pearl Street. PRESENT AT MEETING: Councilperson Mrs. Dyan Cohen, Mrs. Annette Thomas, Ms. Gloria Hines, Mr. Coleman Cannon and Mr. John Segars. Also present: Mayor Watkins, Assistant City Manager, Mr. Howard Garland, City Judge, Mr. Daniel Causey, Mr. Robert Garland, and Mr. Tony DiLeo. News reporters Mr. Dwight Dana and Ms. Cathy Elliott. Copies of the agenda were faxed to the News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 P.M. by Mayor Watkins. PRAYER Mr. Cannon gave the invocation since Mr. Chapman was not present. The invocation was followed by the Pledge of Allegiance. AGENDA CHANGE Mayor Watkins said if there are no objections to Council, he would like to make an agenda change by adding item 8-A –Nomination to fill vacancy on the Zoning Board of Appeals. There were no objections from Council. MAIN STREET UPDATE – TONY DILEO Mr. DiLeo said another party is interested a 1500 square foot building to have a Christian Dance Studio. Mr. DiLeo said he is working with Mr. David Rolfe on his building. Mr. Bill and Mrs. Carolyn Abbott who lives on North Street received the Residential Pride Award. Flower Baskets by Becky at 204 Russell Street received the Business Pride Award. He said Alexander’s and Isabella’s closed their business on the Square. Mr. DiLeo said there are four different people interested in the old Carriage House for a home. APPROVAL OF MINUTES 51 Mr. Segars made a motion to approve minutes of our regular city council meeting and the minutes of one public hearing and special meeting. Mrs. Cohen seconded the motion. Mrs. Cohen said on page 3 of the public hearing and special council meeting minutes of June 9th to add the words “if it’s possible” at the end of the sentence changing the sentence to read: …….those who don’t want to go can give their money to the employees if it’s possible. In the regular council meeting minutes of June 2, page 6 under Assistant City Manager’s Update, delete the sentence that reads He said the City will be responsible for $47,000. Mr. Howard Garland said it would be ok to delete this. Ms. Hines said on page 7 of the regular council meeting minutes under Assistant City Manager’s update it’s mentioned that Mr. Garland’s contract was approved by resolution, but she looked through all of her previous minutes and can’t find where this was approved. Mayor Watkins said it was approved and he asked Mr. Langley to research this. Mrs. Thomas said on page 7 of the regular council meeting minutes under the Assistant Manager’s update (item #8 ), it is stated that there will be a tour of the Darlington Memorial Cemetery after the meeting at Bethel AME Church on the 14th, but she doesn’t remember hearing anything about a tour at the meeting. Mr. Garland said it was mentioned at the council meeting and there was supposed to be a tour following the meeting, but the tour was cancelled. All approved the motion with the changes above. ANYONE WISHING TO APPEAR Mr. Sylvester Hudson, Vice-President of the Darlington branch NAACP appeared before Council to make comments concerning our current City Judge. Mayor Watkins told Mr. Sylvester Hudson since he was there to comment on the discussion about the appointment of the Municipal Judge, he could wait until we get to that particular item or he could go ahead and speak. Mr. Hudson chose to go ahead and make his comments. Mr. Hudson said the NAACP has been getting complaints from citizens stating that Judge Causey would ask certain people personal questions that don’t have anything to do with the issue at hand. Mr. Hudson said Judge Causey would ask the young ladies if they have children and if so, how many. He would ask them if they are married and if all of their children have the same daddy. Mr. Hudson said this doesn’t have anything to do with someone coming to court to pay a fine or appearing before him for some other reason. He asked the Council consider not hiring Judge Causey based on these facts. PRESENTATION TO WEST END REUNION ORGANIZATION 52 The members of the West End Reunion committee petitioned the City of Darlington for the rights to a portion of property (no less than 24’ x 24”) at the corner of Orange and Buchanan Streets for the purpose of constructing a brick memorial with a walkway, concrete benches and shrubs in memory of those who worked at the Darlington Manufacturing Company from 18851956. Mayor Watkins presented Mrs. Peggy Sheffield and Mrs. Becky Lee with a check for $1,500 to help them with setting up a memorial to commemorate those that worked for the company during those years. Mayor Watkins said last year we approved a resolution in the amount of $1,500 for the memorial. Mrs. Sheffield said the mill closed in 1956. MR. BRIAN JACKSON – ANNEXATION REQUEST Mr. Jackson was not present at the meeting, but Mr. Langley said Mr. Jackson wants to annex two or three pieces of his property into the city limits in order to receive city services such as water and sewer, but he wants the city to waive the requirements for him. Mayor Watkins said we would receive this as information at this time. VACANCY ON THE ZONING BOARD OF APPEALS Mr. Kendall said the Zoning Board of Appeals submitted the name of Mr. William Burgenstock who lives at 262 W. Broad Street to fill the vacancy of Mr. Brian Pickens who has moved outside the city limits of Darlington. The term will expire June 30, 2012. Upon motion of Mr. Segars, seconded by Mrs. Thomas, appoint Mr. William Burgenstock to fill open seat on the Zoning Board of Appeals, which unanimously carried. PRESENTATIONS BY CAROLINA WASTE SOLUTIONS – MS. NANCY MATTHEWS Mrs. Nancy Matthews and Mr. Brian Bagwell, representatives of Carolina Waste Solutions appeared before Council to offer the City a proposal to try and help us save money by reducing waste costs. Mr. Bagwell said his company will do an analysis for the City and see where we can cut costs. Mr. Bagwell said their cost is 100% contingency fee. Mr. Garland said the City spent approximately $370,000 last year with Allied Waste and he thinks we should at least take a look at this. Upon motion of Mr. Cannon, seconded by Mrs. Cohen, to give Carolina Waste Solutions (CWS) an opportunity to look at this and see if they can save the City some money. Mr. Bagwell said they will take a look at what we’re paying and see if they are able to recover any funds for the City. All approved the motion. 53 AGREEMENT WITH DBS COMMUNICATION Mayor Watkins said because of an interest in having our council meetings on the government access channel, it has been brought up again for discussion. Mrs. Cohen said to look into having our regular meetings recorded, but pay on a per meeting basis rather than on a monthly basis. A proposal was made to try DBS on three of our meetings to see if this is what they want to do. Mrs. Cohen said as a Council they need to decide if they want to do this. Mayor Watkins said the suggestion of a three meeting trial is a good idea. Mrs. Cohen made a motion to direct the City Manager to contact DBS to see if they would film three meetings at no cost for us to review. The motion was seconded by Ms. Hines. Mrs. Thomas said DBS said at the meeting they had with us, that there was a way to filter the sound of the heating and cooling unit. Mrs. Cohen made a motion to begin negotiations at $83.00 per meeting rather than $125.00. The motion was seconded by Mrs. Thomas. Mr. Cannon said the audio on the public access channel is not that good anyway. Mr. Cannon made a motion for the City to begin a three month trial with DBS involving at least one broadcast and if at the end of the three month period, council will evaluate it and see if they want to continue with recordings. If they are satisfied with everything at this time, they can enter into a contract with DBS. The motion was seconded by Ms. Hines. Mr. Segars said he’s not in favor of broadcasting our meetings and this is a waste of our money. Mrs. Thomas said Mrs. Cohen stated that this is a good way to communicate with the citizens and also to get them involved. Mrs. Thomas said by making the citizens feel like they are a part of Darlington, how can they lose. All approved the motion except Mr. Segars. Mayor Watkins instructed Mr. Langley to contact DBS and begin the three month trial period and at the end of three months council will evaluate the effectiveness of the recordings and make a determination. DISCUSSION OF APPOINTMENT OF MUNICIPAL JUDGE Mayor Watkins formed a committee to review applications and meet with applicants for the position of City Municipal Judge and make a recommendation to Council. Mrs. Cohen, Ms. Hines and Mr. Segars were on the committee. Ms. Hines said five applicants applied for the City Judge’s position, but they chose two applicants to interview Ms. Mamie Harris and Mr. Chevron Scott. Ms. Hines said she has sat in the courtroom on numerous occasions and she sees how Judge Causey treats some people. She said since the committee wanted someone that was a judge and who 54 lives in the City of Darlington; she leans toward Mr. Chevron Scott. Mr. Segars wants to stay with Judge Causey. Mrs. Cohen said her overall opinion is that we don’t make a change. She said if there are concerns about the Judge, then we need to check them out. Ms. Hines said everybody has to start somewhere. She said Mr. Chevron Scott is lawyer and he lives in the City. She said we need someone that the people can relate to when they come to court and she doesn’t think they can relate to Judge Causey. Mrs. Thomas said since there’s a council member not present to vote they should wait. Mr. Cannon said it can be recommended that we don’t vote at this time. Judge Causey told them he needed to correct them because our city ordinance states that the municipal judge must be appointed by the council at its first meeting in July of each year to hold office for a period of two years. Mr. Segars made a motion to reappoint Judge Causey as Municipal Judge. The motion was seconded by Mrs. Cohen. Mayor Watkins took a poll of council to see how they wanted to vote. Ms. Hines-No; Mr. CannonNo; Mr. Segars-Yes; Mrs. Cohen-Yes; Mayor Watkins-Yes. Mrs. Thomas was hesitant as to whether she wanted to vote for Mr. Causey or not. She finally voted – Yes. (Judge Causey reappointed). Mr. Cannon said since we had two other candidates, we should have voted on all of the candidates individually. Ms. Hines told Judge Causey she has nothing against him personally, but he needs to learn how to treat people. DISCUSSION OF WATER RATES – MR. KINSAUL Mr. Kinsaul gave Council a handout of proposed increases for out of city water and sewer rates. Mr. Kinsaul said he also proposes an additional $.50 on each residential customer to go toward the capital credit fund. The capital credit amount will increase from $1.00 to $1.50. Upon motion of Mrs. Cohen, seconded by Ms. Hines, to receive this as information in order to give us time to review and bring back to council in ordinance form. All approved the motion. SECOND READING ON ORDINANCE – US BY-PASS ANNEXATION Upon motion of Mr. Segars, seconded by Mrs. Cohen, Second Reading on ordinance to annex property on the US 52 By-Pass next to the new Dollar General store (Tax Map #166-00-02-108 owned by By-Pass Development, LLC). All approved the motion. CITY MANAGER’S UPDATE 55 1) Report on finances; 2) Bond Attorney update; 3) Status of swimming pool - Mr. DiLeo said it would be a good idea to have a grand re-opening of the pool. Mrs. Thomas said she hopes they get reports on the money that’s collected at the pool as well as what’s being spent. 4) Status of B.A. Gary Gym – Mr. Langley said the School District will have their regular meeting next week and they should sign the papers then. 5) Mr. Langley said there is a concern about the blue house on Pearl Street. He said they are planning to sell the property to the Presbyterian Church and then the church will either try to sell the building or tear it down. Ms. Hines said a motion was made at the last meeting for the money that was left from the trip to the annual meeting at Hilton Head to go to the workers making less than $7.25. Ms Hines said she wanted to change that and make a motion to let money that’s left over to go toward the fitness program for the employees. Ms. Hines said she talked with Mr. Curtis Boyd and he has agreed to accept $4,000 so that employees can continue the fitness program at Fitness World. Mrs. Thomas seconded the motion. All voted in favor of the motion. ASSISTANT CITY MANAGER’S UPDATE 1) Mr. Garland said the City received that CDBG Water Grant for $471,000 due to shortages in the money that was made available; 2) Mr. Garland said Alexander’s & Isabella’s moved out of the building on the Square without his knowledge and they didn’t give the key to the building back to us; 3) The French drain work at the Carnegie Library will start July 13th; 4) Mr. Garland gave Council members with information on the McLellan Building and payout info. Mrs. Thomas asked Mr. Garland how the City could have done negotiations concerning property and don’t have a contract. Mr. Garland said everything was done verbally, but the City has the upper hand because if they walk away from this project, the City will get the buildings with everything in it and they can get all of the money they collect. 5) Mr. Garland said Councilwoman Cohen is not pleased with the way the walkway is constructed so she wrote a letter to the architect. Mrs. Cohen said she had concerns about the structure of the walkway. Mr. Garland told Council if they want to do a walk through he can arrange for them to do so. Mayor Watkins said he, Police Chief Jay Cox, and Mrs. Cohen walked the area and he suggested putting mirrors up so you can see if someone is hiding in the nook. AGENDA CHANGE 56 Mayor Watkins said this is not on the agenda so he asked to suspend the rules concerning the agenda and add the resolution concerning CDBG Water Grant as item #15. Mrs. Cohen made a motion to suspend the rules, seconded by Mr. Segars. All approved the motion. ADJOURNMENT Upon motion of Mr. Segars, seconded by Mrs. Thomas, the meeting adjourned at 9:30 PM. Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON PUBLIC HEARING & SPECIAL COUNCIL MEETING June 9, 2009 A Public Hearing followed by a Special Council Meeting of Darlington City Council were held in the Council Room at City Hall on June 9, 2009 at 6:00 P.M. Present: Mayor Watkins, City Manager, Mr. Rodney Langley, Assistant City Manager Mr. Howard Garland, Mr. Chapman, Mrs. Cohen, Ms. Hines, Mr. Cannon and Mr. Segars. Also present was Mr. Kinsaul and Ms. Cathy Elliott from the newspaper. 57 Mayor Watkins opened the meeting at 6:08 PM to discuss the 2009-10 budgets. There was no one wishing to speak, so Mayor Watkins closed the Public Hearing at 6:09 P.M. BUDGET DISCUSSION There was a budget discussion until 6:30 PM. Mr. Garland went over the budget changes with council. Ms. Hines said she wish she could give the money that she would be getting for the trip to Hilton Head to the workers that are making less than $7.25 per hour. Mr. Kinsaul passed out a sheet with proposed water, sewer and sanitation rates beginning September, 2009. Mr. Langley said he, Mr. Kinsaul and Mr. Garland met with a group last week and they talked about automated meter reading. Mr. Langley said we will be able to read all of our meters in less than two minutes any time of the day. Mr. Langley said this system will detect how many gallons of water have been used in a given period of time. Mr. Kinsaul said Chesterfield Rural Water has this system and it gives a report of suspected leaks. SPECIAL MEETING Mayor Watkins called the special meeting to order at 6:35 PM. Mr. Langley said we have been invited, at no charge to the City, to Alabama to look at this system and also talk with them about it. Mr. Langley said the County is looking at this system also. Kinsaul and Mr. Howard Garland will be going to Alabama to look at the system of radio read water meters. Ms. Hines asked if we were to go with this system, would we have to hire someone to do this or would the girls in the office do this. Mr. Kinsaul said the girls in the office would operate the system. He said with this system it will eliminate two meter readers and two vehicles. Mr. Kinsaul said it would take about $1-$1.5M to do put the total system in. Mr. Kinsaul said when we get the CDBG water grant we can go ahead and put radio read meters in this area. He said the meters can be read manually for the time being, but if we decide to go with the new system this will put us that far ahead. Mayor Watkins said we discussed this at length a couple of years ago with Johnson Controls. Mr. Kinsaul said this new system will put a red flag on the computer if someone turns their water back on once it has been turned off. 58 Ms. Hines wanted to know how much each meter costs. Mr. Kinsaul said they are $300.00 each which includes the whole set. Mr. Garland said when we get the grant for the waterline improvements we can update the homes in that area with the new meters. Mr. Garland said we should hear something about the grant by June 18th. Mr. Kinsaul told Council he would want to know which system they are thinking about before we put two hundred meters in. He would need to be partly committed to going with one system of the other before we put meters in. Mr. Kinsaul said since the City of Darlington and The County Water & Sewer Authority are both looking at doing this, they will do proposals for both and we can go together. Mayor Watkins asked if we would have to change our billing system. Mr. Kinsaul said this will run on Nicholson software. Mrs. Cohen asked Mr. Kinsaul if this budget included any of the proposed rate increases. Mr. Kinsaul said, “No.” Mayor Watkins suggested we pass the budget as is and if there are changes and amendments we will take those up when it’s time prior to the first motion. Mrs. Cohen made a motion to approve the 200910 budgets. The motion was seconded by Mr. Segars. Mr. Chapman made a motion to amend the budget by $7,000 by deleting the monies allocated to legislative education at Hilton Head. The motion was seconded by Mr. Cannon. Ms. Hines said to delete this particular line item, but give the money to the employees making a low salary. Mayor Watkins said those Council members who wish to attend the annual meeting should have the opportunity to do so. Mr. Chapman said he has a hard time telling city employees they are going to use $7,000 in the budget to go to a conference at Hilton Head. Mrs. Cohen said there are only three council members that are planning to go. Mr. Chapman said if any of Council goes it looks bad. Mr. Cannon said for those who want to go its fine, but for those that don’t want to go, give that money to the workers. Mr. Cannon made a motion to amend the motion so that any Council members that want to go to Hilton Head can go and those who don’t want to go can give their money to the employees. Ms. Hines seconded the motion. All approved Mr. Cannon’s motion. Mr. Langley said Mr. Chapman’s motion is still on the floor. Mr. Chapman’s motion failed. Money that is left in the budget from the trip will be looked at and possibly given to the workers making less than $7.25 per hour. SECOND READING ON 2009-10 BUDGET Back to motion on 2009-10 budget. Upon motion of Mrs. Cohen, seconded by Mr. Segars, Second Reading on ordinance approving the 59 2009-10 Budgets. All voted for the motion except Ms. Hines and Mr. Chapman. TAX MILLAGE RATE 125 MILS Upon motion of Mr. Segars, seconded by Mr. Chapman, Second Reading on an ordinance setting Tax Levy for 2010 at 125 mils. All approved the motion. MISC. INFO Mrs. Cohen asked if she could get a statement on the reserve fund and water & sewer fund at budget time and also the water & sewer capital fund. Mrs. Cohen made a motion for Council to direct the City Manager to issue a statement on the reserve fund, the reserve fund balance and activity; for the general fund and the water & sewer fund. (One report would be at budget time and the other at some time in between). Mr. Chapman seconded the motion. All approved the motion. Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 7:15 P.M. Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON REGULAR CITY COUNCIL MEETING 60 June 2, 2009 The Regular Meeting of Darlington City Council was held June 2, 2009 at 7:00 P.M. in the City Council Chambers of City Hall at 400 Pearl Street. Present at the meeting: Councilperson Mrs. Dyan Cohen, Mrs. Annette Thomas, Ms. Gloria Hines, Mr. Coleman Cannon, Mr. John Segars, and Mr. Wayne Chapman. Also present: Assistant City Manager, Mr. Howard Garland, City Judge, Mr. Daniel Causey, Mr. Robert Garland, Mr. Kinsaul, Mr. Kendall, and Mr. Tony DiLeo. News reporters Mr. Dwight Dana, Mr. Will Isgett and Ms. Cathy Elliott. Copies of the agenda were faxed to the News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 P.M. by Mayor Watkins. PRAYER Mrs. Annette Thomas gave the invocation which was followed by the Pledge of Allegiance. AGENDA CHANGE Mayor Watkins said we will omit item #10 because staff is not prepared to discuss it at this time and item #13 (City Manager’s Update) because Mr. Langley was not at the meeting. APPROVAL OF MINUTES Mr. Segars made a motion to approve minutes of our regular city council meeting and the minutes of one work session. Mr. Chapman seconded the motion. Mrs. Thomas said on page 3 of the work session minutes to delete the word “police cars” and add “city cars”. Mrs. Cohen said in the work session minutes on page 4 to delete the sentence where it states “this will be the last year to donate to the “Y” because this is not what was said at the meeting. Ms. Hines said it was said because she questioned it. Mayor Watkins said Clerk could listen to the tape to see if this was said. Mrs. Cohen said she does not remember this being said, but if a couple of council members remember she does not have a problem leaving this in if 61 this is what was said. Mrs. Cohen then stated she was satisfied with leaving this as it is based on the discussion. All approved the motion. MAIN STREET UPDATE – TONY DILEO Mr. DiLeo said he is working with a lady out of Columbia, SC who is interested in opening a home care staffing service. He is working with Ms. Barbara Bruce and the New Beginning Salon to get signage for her building. Pic-A-Pet has moved to 601 Pearl Street. He said he has two ladies interested in the Carriage House. He said one wants to open a home for battered women. Birds of A Feather had their grand opening. Mr. Bobby Kilgo has retired from his government job and opened a law practice on Cashua Street. Mr. DiLeo said Psychiatrist, Dr. Weinbaum will be moving out of his building on the Square as of July 1st and relocating to Florida. Dollar General on the By-Pass should be opening in about a month. Mr. DiLeo said he is working with Mr. George Harrison and Mr. David Rolfe on their buildings. The Business Award presentation went to Chameleon Art Gallery and The Residential Pride Award went to Ms. Eleanor Langley on North Street. Mr. DiLeo said the landscaping at the new City Admin Building needs to be landscaped. He said he would like to work with Taylor Landscaping and get some prices on landscaping. He said he would like to have landscaping done at our building and the Council on Aging Building. Mr. DiLeo told Council if they gave him permission he would go ahead and get prices. Mayor Watkins welcomed Ms. Rebecca Swan, a student from Coastal Carolina, who is working with Mr. Howard Garland through a summer intern program. PDRTA – MRS. JUDY ALEXANDER Mrs. Alexander, Chairman of the City Committee for Transportation, said she conducted a needs assessment survey regarding expansion of PDRTA services in Darlington. She gave council members a copy of the survey conducted. Mrs. Alexander said she conducted a needs assessment to determine the transportation wished and interest in our community. The results of the survey showed a high interest in reliable bus service and respondents would be willing to pay for the service. Mrs. Alexander recommended that PDRTA consider extending services in the Darlington area. Mrs. Thomas wanted to know how many bus stops are in Darlington. Mrs. Alexander said as of right now, there aren’t any specific bus stops. She said the bus does random stops, but if a person calls and needs 62 transportation, PDRTA will tell them where they will stop. Mrs. Alexander said she would like to see designated bus stops in the City of Darlington. Ms. Hines said she feels if we had designated bus stops in Darlington, people wouldn’t have to call PDRTA to see where they are going to stop. Mrs. Alexander said the Board members would be willing to meet with them and answer any questions that they have. MS. JACKEE’ WILLIAMS Ms. Williams said she has concerns with the City and County of Darlington not having a website where citizens of Darlington can go online and do background checks on people that you come in contact with to see if they have a criminal or arrest record. Ms. Williams said Florence has all of this information posted on the web. She said she had a break-in and it was a person she befriended; not knowing the person had a criminal record. Ms. Williams said had she known this, this person would have never been allowed to befriend her or her daughter or be allowed to come into her home. She said this same person broke into her home and hurt her daughter. She said the City needs to have a website set up like Florence does so anyone can check a person’s credentials before you allow them into your home. Ms. Williams is not sure whether it’s the County or City of Florence that hosts the site, but she said you can get information from both the City and County from the website. Mayor Watkins said we can look into this and see what we can do. Mayor Watkins said he and Council feels that if there is any way they can prevent this type of thing from happening they would be willing to do something to help. MISS DARLINGTON – TERRILYNN STEPHENS Miss Darlington, Ms. Terrilynn Stephens, introduced herself to everyone and told them a little about herself. Mayor Watkins presented Ms. Stephens with a “Key to the City” and a check from the City of Darlington. HOSPITALITY TAX FUNDING Mr. Howard Garland said Council requested pictures of the floor at the B.A. Gary Gym, so he passed them around so Council could see the cracks in the floor. He had pictures of the ceiling which showed water damage to the interior. Mr. Garland said Council requested that Mr. Langley talk with our Bond Attorney, Mr. Bill Hirata, to get answer to several questions: 1) what’s the ratio of collateral needed for the bond? Mr. Hirata said approximately 75%. 2) What is the City’s credit rating? Mr. Hirata said the City does not have a credit rating because most of our borrowing has been 63 through local financial institutions. If he had to guess, our rating would be a low A or high B. 3) Do we have to borrow the entire $1M? Mr. Hirata said we do not have to borrow the entire $1M, but it would be a good idea to borrow all of it in case there are overruns on the projects. Mr. Hirata said the draw down method is more expensive. 4) Can we prepay with no penalty? Mr. Hirata said he would write this into the proposal, but it would be a slight increase in our payback if we did. He suggests we do the draw down method instead of the prepay method. 5) How long should we schedule to pay the loan back based on our projected income? Mr. Hirata said seven years. This way would give us a little cushion built in so we can build up funding for projects in case it was needed. Mr. Garland said Mr. Langley’s recommendation to Council is that they adopt the following tonight: the B.A. Gary Pool - $160,000; Pedestrian walkway through the McLellan Building - $260,000; B.A. Gary Gym - $120,000; Williamson Park - $150,000; Carnegie Museum - $50,000 for a French drain around the building for a total of $740,000. Mr. Garland said the $120,000 for B.A. Gary Gym includes the roof repair. He said if Council wants to include the floor repair it would be another $100,000 and would include work on some classrooms. Mayor Watkins asked if the floor is usable as it is. Mr. Garland said, “No”. He said the cracks are large enough for a person to get their toe stuck or a twisted ankle. Mr. Garland said $100,000 was cut from this total because he felt this was the consensus of Council from the meeting last week. Mayor Watkins said the whole purpose of getting the gym was for us to use it. Mr. Chapman asked about the collateral. Mr. Garland said if we borrow the $1M, the collateral would be $750,000 worth of property. Mr. Langley said the Carnegie Library and the City Admin Building would be enough. Mrs. Cohen asked if other properties were considered for collateral. Mr. Garland said the banks wouldn’t consider a gym or a pool. The banks could sell the Carnegie Building or the City Admin building and this is what they were looking at. Mr. Garland said if this is approved tonight, Mr. Hirata said he could have everything done and we’ll be ready to go by the first week of July. Mayor Watkins said he doesn’t see the benefit of taking possession of the gym without fixing the floor if it’s not usable, so he suggests we include funds to repair the floor. He said we need to go forward with the entire projects that were mentioned and fulfill the requirements that we need to borrow the money. He said regardless of what we do, we still have to collateralize something. Mr. Chapman made a motion to table this discussion for a work session with regards to the collateralization of property. Mr. Segars seconded the motion. Mrs. Cohen asked if we knew what sort of interest rate we would be getting. Mr. Garland said this 64 was not mentioned. Mrs. Thomas asked whether the bids that were received were for a high quality floor. She feels that $100,000 is a bit much for this floor. Mrs. Thomas said classrooms were mentioned in this price and she wants to know why the classrooms got added into this. Mr. Garland said Mr. Bradley and Mr. Langley have been involved in this and he’s just reporting on what was told to him, but he can check on this. Mayor Watkins asked Mr. Garland about the collateral. Mr. Garland said in his opinion, he doesn’t think the requirement that we have collateral is going to change, but the percentage could probably be negotiated. Mr. Garland said banks are much stricter now and by us not having a history with the hospitality tax, these are the requirements that have been put forth. Mrs. Thomas said we discussed this enough in our work session last week. She said she is not going to be satisfied with the roof being fixed and the floor left as is because it is in terrible shape. She said if we are going to spend money for the roof, we need to make the building usable. Mrs. Thomas asked why there’s so much more discussion and we’re still below the $1M. Mayor Watkins asked Mrs. Thomas her feelings about going forward in light of collateralization. Mrs. Thomas said this is nothing new and knew we were going to have to put up something. She said if the City Manager has suggested that we put up the Admin Building and the Carnegie Building then we need to move forward. Mr. Chapman said he doesn’t think it’s wise to put up the Admin Building or the Carnegie Library. Mr. Garland said another choice would be the McCullough House. Mr. Chapman said we need to wait until we have collected twelve months hospitality tax so we can give a sound estimate of what our revenue is going to be. Mrs. Thomas said we need this facility to help preserve our children and everybody in Darlington. Mrs. Cohen said based on the numbers we would have the money to pay the loan. She said the collateral issue is mostly because the banks have to have those numbers. Ms. Hines said if this did not involve our children she would say no. Ms. Hines said if we can spend $260,000 on a breezeway, we can do this project. Mr. Cannon said he feels we took on more than we should have, but we’re already out there in the water now, so we need to go ahead and do this project. Mrs. Thomas and Ms. Hines said to go ahead with the project. Back to motion to table the Manager’s recommendation and proceed with a work session to discuss the matter of collateralization. Mr. Chapman and Mr. Segars voted in favor of the motion to table Manager’s recommendation. Mr. Cannon, Ms. Hines, Mrs. Cohen and Mrs. Thomas voted against the motion to table Manager’s recommendation. (Motion failed) Mrs. Cohen made a motion to accept the Manager’s recommendation with the change at B.A. Gary Gym we go ahead and 65 do the floor for $100,000 and instead of $120,000 for project total the total will be $220,000 making the total $840,000 for the entire project. Mr. Segars said we are committed to some of these projects, but not to all of them so we don’t need to over extend ourselves. He said some of these projects need to be prioritized and maybe not try to do them all this year. Mr. Chapman said he concurs with Mr. Segars thoughts and said he doesn’t object to the items on the list, but on how we are funding it. All voted for the motion except Mr. Chapman and Mr. Segars. (Motion Passes) ANNEXATION OF US 52-BYPASS PROPERTY Upon motion of Mrs. Cohen, seconded by Ms. Hines, First Reading on ordinance to annex property on the US 52 By-Pass next to the new Dollar General store (Tax Map #166-00-02-108 owned by By-Pass Development, LLC). All approved the motion. ADOPTION OF 2006 INT’L BUILDING CODES Upon motion of Mr. Segars, seconded by Ms. Hines, Second Reading on ordinance to adopt the 2006 International Building Codes including the first Chapter of the International Building Code which specifies the Administrative Enforcement of the Codes, which unanimously carried. ASSISTANT CITY MANAGER’S UPDATE 1) Mr. Garland said the City made application for a $500,000 CDBG Grant for the waterline project in West and South Darlington and Council needs to sign a resolution authorizing such. He said the grant would include approximately eleven streets. They will increase the water line size and we would like to add some radio read meters in this area as well. He said the City will be responsible for $47,000. Mr. Garland said he needs Council to authorize the resolution and sign it. AGENDA CHANGE Mayor Watkins said this is not on the agenda so he asked to suspend the rules concerning the agenda and add the resolution concerning CDBG Water Grant as item #15. Mrs. Cohen made a motion to suspend the rules, seconded by Mr. Segars. All approved the motion. BACK TO ASSISTANT CITY MANAGER’S UPDATE 2) Mr. Garland said Mr. Langley asked that Mayor and Council form a committee to review applications and resumes’ and make a recommendation for appointment of City Judge. Ms. Hines, Mr. Segars and Mrs. Cohen will 66 be on the committee to review applications for City Judge. 3) Reminder of Public Hearing & Special Council Meeting next week. 4) Mr. Garland said Mr. Langley wanted him to mention that starting July 1st they will begin the transition from Mr. Langley to Mr. Garland as City Manager. He said he will start handling all purchase orders and be in on all discussions involving city personnel and Mr. Langley will take phone calls from day to day. Mr. Garland said he will continue to handle the responsibilities of the Planner until we get finished with the McLellan Building and the Carnegie project. 5) The water, sewer and sprinkler tie-ins for the McLellan Building are complete. Mr. Garland said the retail spaces are ready and we will probably have seven residential spaces. (Gloria Hines wants figures Howard quoted included in her minutes – here) 6) the Carnegie Library cornice work has been completed. The project is 70% complete. 7) The City has been awarded Tree City USA for the 12th consecutive year. 8) The Darlington Memorial Cemetery Association will have a meeting and a tour of the cemetery. The meeting will be at Bethel AME Church, 1333 S. Main Street at 4:00 PM Sunday afternoon (June 14th) followed by a tour of the cemetery. Mrs. Thomas said she does not know whether she would be able to say anything since she was not at the meeting in December when it was voted on that we would take on Mr. Garland as the City Manager when Mr. Langley retires. She said he’s a hard worker and he explains things to them better than she’s had them explained before, but that’s against Equal Opportunity Laws for us to appoint somebody way ahead of time like that and not recruit and go through the regular procedure. Mayor Watkins said Mr. Garland already has a contract stating that he would be manager. Mrs. Thomas said Mr. Garland was hired as Planner/Assistant City Manager, but being an Assistant City Manager doesn’t guarantee that you will get the job as Manager. Mrs. Thomas said she is expressing this openly because she doesn’t want Mr. Garland to hear it later that she said it. Mrs. Thomas said it’s not fair to appoint Mr. Garland as City Manager this far ahead of time rather than recruiting someone. Mrs. Thomas said it’s nothing personal against Mr. Garland, as a matter of fact, she likes him and he seems to be doing a good job, but it’s not fair the way it was done. Mayor Watkins said at some point and time they probably need to set up a work session to explain this contract because this was approved by resolution. Ms. Hines said she and Mrs. Cohen asked to see Mr. Langley’s contract at the work shop, but she never saw it. Mrs. Cohen said she didn’t see it, but she knows Council voted for this. Mayor Watkins said we can correct this situation by sitting down with Mr. Garland and going over his contract. Mr. Cannon said 67 we need to look at the things we have already done in the past. Mr. Cannon said in his opinion, if we rehire someone that’s retired, they need to start back as a new hire and not in the same position they left in. He said you’ve got to be careful when you start doing things like this. Mr. Cannon said Mr. Garland stated that he would like to have Mr. Kinsaul take on additional responsibilities as Assistant City Manager. Mr. Cannon said if we don’t work this thing out like it should be and Mr. Garland was to leave, then Mr. Kinsaul could end up being the next City Manager. Mrs. Thomas said it needs to be talked about now because in reference to an excerpt that was read it’s saying “that in Mr. Garland’s absence, Mr. Kinsaul would take over his duties and also hire a planner and let the planner take over some other duties. Mrs. Thomas said the thing is, how Mr. Kinsaul would know how to do all of this and he hasn’t been here but two or three years and Ms. Pridgen has been here for umpteen years. She said we have got to start seeing who is really qualified for the job. Mr. Cannon said we need to make sure whatever we do it’s done right. $500,000 CDBG WATER GRANT APPLICATION Mr. Cannon made a motion to approve resolution authorizing the submission of an application by the City of Darlington for a $500,000 CDBG Water Grant. Mr. Segars seconded the motion. All approved the motion. Mayor Watkins suggested that Assistant City Manager, Mr. Howard Garland get a bid for a new desktop computer. ADJOURNMENT Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 8:30 PM. Mayor ATTEST: 68 Clerk & Treasurer CITY OF DARLINGTON WORK SESSION May 26, 2009 A Work Session of the Darlington City Council was held Tuesday, May 26, 2009 at 6:00 PM in the Conference Room at the City Administrative Building, 410 Pearl Street. Present: Mayor Watkins, Councilpersons Segars, Hines, Thomas, Cohen, Chapman. Also City Manager, Rodney Langley, and Assistant City Manager, Howard Garland. Mayor Watkins called the meeting to order at 6:15 PM. Mayor Watkins called the meeting to order at 6:15 PM the purpose being to discuss the hospitality tax and the budget. Mayor Watkins turned the meeting over to Mr. Langley because he has some thoughts about the hospitality tax. Mr. Langley said he talked with Bond Counsel, Mr. Bill Hirata, to check on the status of the bond. Mr. Langley said Mr. Hirata told him he’s not getting a lot of conversation from banks. He said all of the banks have asked for a three year history on collection of hospitality tax which we don’t have since we just started in February, 2009. Mr. Langley said since we don’t have a history of collections yet, the banks want the City to put up collateral. Mr. Langley said the hospitality tax collections per month will not be as much as he anticipated they would be. It was stated that we can use the swimming pool, the Carnegie Library, the gym, etc. Mr. Langley said Mr. Hirata has been in touch with Mr. Andy Smith with BB&T since we have several projects financed with them. Mr. Langley said the problem he has with this, is that 69 we have been making payments out of the general fund money for the McLellan project and the swimming pool and our general fund money is running pretty low. He said we need to get this bond closed so we can reimburse ourselves. He said one of the things Council needs to talk about is what we’re going to use this money for. Mr. Garland gave Council a list of projected hospitality collections over the first twenty-two months and list of expenditures for the hospitality tax money. Mr. Garland said our total commitment so far is $640,000. Mr. Langley said if we were to get the B.A. Gary gym, there are some things that we would need to do to it in order to operate. He said if we don’t get the money, we can put it off. He said there are a lot of things that can be done in-house. Mr. Langley said the building needs roof and ceiling work and to put some type of floor in the building will cost approximately $220,000. Ms. Hines said she understands what Mr. Bradley wants to do at the gym and since we don’t have the money now, just secure the roof so it won’t leak inside the building and put everything else on hold. Mr. Langley said one of the things we’re told we really need is a French drain around the perimeter of the Carnegie Library building to keep moisture from around the building. Mr. Langley said we made a request to the school district about the Virgil Wells football ballfield and if we get this we would have the makings of a nice neighborhood sports complex. Mr. Langley said he didn’t realize the building at the swimming pool was in such bad shape. He said there’s no money allocated for this, but the building really needs to be reworked and plumbing work needs to be done. Mr. Langley said we can probably get the sewer department to do some plumbing repairs at the pool. Mr. Langley said they are looking at approximately $20,000-$25,000 to fix up the building at the pool. Mr. Langley told Council they needed to discuss amounts and what they want him to present to Mr. Hirata so he can put it out for bids. Ms. Hines said she wants to finish the pool and the gym, but she doesn’t want to put the City at risk. She said if the money is not there, why put ourselves at risk. Council discussed which properties could be put up for collateral. Mayor Watkins said the banks don’t want the property they just want to make sure they get their money. Mr. Langley said he talked with Mr. Bill Howle last week and the school district put a few stipulations on the use of B.A. Gary such as being able to use the building at times during school hours. Mr. Howle is supposed to get with Mr. Jay James, Attorney representing The School District, and have him go ahead and draw up the deed. Council continued to discuss the bond and what to use as collateral. Mr. Langley said the total commitment for the McLellan Walkway is $260,000; The Swimming Pool $160,000; B.A. Gary Gym - $220,000 but we will decrease that figure to 70 $120,000; The French drain at the Carnegie Library/Museum - $50,000; and possible decrease Williamson Park from $275,000 to $150,000. Ms. Hines said we knew going into the Carnegie Library project, that we would not have enough money to pay for the entire project, but Ms. Mary Demetrious was supposed to solicit funding for the project. Council continued to discuss the projects that Council has listed to be funded with hospitality tax money. Ms. Hines said she is not against doing any of the projects, but if we don’t have the money, we need to wait. Mr. Langley asked for guidance from Council about what they want him to present to them on Tuesday night, a proposal, etc. Mrs. Cohen told Mr. Langley to find out from Mr. Hirata what the City’s credit rating is. Mrs. Thomas asked Mr. Langley for his recommendation. Mr. Segars asked Mr. Langley to get estimates on how much it will cost to fix the roof, the floor and classrooms at the gym. Mayor Watkins said to leave out Virgil Wells Stadium for now. Mr. Langley said staff will make a proposal to Council on Tuesday. Mr. Langley said he knows this is nothing we will do now, but he would like for Council to consider a nice playground for children in the near future Mrs. Thomas said she wonders when the City is going to stop spending so much money on police cars. Mrs. Thomas wanted to know how much the City spends on gas for vehicles each month. I told her I think it’s around $7,000-$8,000 a month. Council discussed this issue until 7:40 PM. For information only, Mr. Garland said the City will be able to apply for a $500,000 CDBD grant (stimulus money) to upgrade the waterlines on the West End of Darlington. Mr. Garland said the application is due by June 10th. Council continued a lengthy discussion about different budget items. Mr. Garland went over all of the changes that were made in the general fund budget. Council members asked questions about the line items they had concerns about. The Clerk told Council that any particular line item they wanted to see could be printed out for them if they let me know. Ms. Hines asked about employees that drive cars home and what it costs the City of Darlington for gas. She said there are employees that use city vehicles for personal use. Mr. Langley asked if he needed to put a limit on the radius for employees who drive vehicles home. Mayor Watkins said management needs to look at this situation. Mr. Garland said when someone leaves a position, we will not rehire anyone to fill the position but try to utilize employees we have. Mayor Watkins asked Mr. Garland if he is going to recommend a replacement for him when he becomes City Manager. Mr. Garland said he would like to have Mr. Kinsaul take on additional 71 responsibilities as City Manager. Mr. Garland said he would like to still have a full-time planner, but to cut costs we could use someone from Council of Governments two or three times a week. Mrs. Thomas said this will be a good thing to think about since we won’t have to pay a salary for a Planner or Assistant City Manager. Mr. Garland said if they hire a Planner, he would like for the person to supervise the parks, help coordinate what type of festivals and activities to bring in, be a fundraiser to raise money for the Carnegie Building, handle all of the boards and also start some type of community foundation that could be used for the City of Darlington. Mr. Garland said he would like to see us plant more trees in South Darlington and keep up our right-of-way a lot better. Ms. Hines asked Mr. Garland to explain Department 550 – Community Promotions and what they do to benefit the citizens in the City of Darlington. Mr. Garland said these were organizations that were already in the budget when he came on board. Mayor Watkins explained why we fund these organizations and how they benefit Darlington. Mr. Garland told Council if they tell him what community promotions they want him to take out of the budget, he will take it out. Mr. Chapman said he would like to see the City of Darlington gradually decrease funding to DDRA and the Chamber. It was stated that this will be the last year that we would donate funds to the “Y”. Mrs. Cohen said she would like to see our meetings on public access television. An informal poll was taken to see what council members would be interested in having the meetings on television. Mrs. Cohen, Ms. Hines and Mrs. Thomas said yes. Mr. Segars said no and Mayor Watkins said he has mixed feelings about it. Mr. Chapman asked for an informal poll to see which council members would be in favor of decreasing Main Street to $7,000. Mrs. Thomas, Ms. Hines and Mr. Chapman were in favor of decreasing Main Street donation. Mr. Chapman asked for an informal poll to see who would be in favor of deleting line item 500-215 (Travel Expense Acct.) Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 9:05 PM. Mayor ATTEST: Clerk & Treasurer 72 CITY OF DARLINGTON REGULAR COUNCIL MEETING May 12, 2009 The Regular Meeting of Darlington City Council was held May 12, 2009 at 7:00 P.M. in the City Council Chambers of City Hall at 400 Pearl Street. Present at the meeting: Mayor Anthony Watkins, Councilpersons, Hines, Cohen, Cannon, Segars, and Chapman along with City Manager, Rodney Langley, and Assistant City Manager Howard Garland. Also present were the following city employees: Mr. Robert Garland, Mr. “Sandy” Kendall, and Mr. Freddie Kinsaul. Copies of the agenda were faxed to The News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 PM by Mayor Watkins. PRAYER Mr. Cannon gave the invocation which was followed by the Pledge of Allegiance. RECOGNITION OF VISITORS Mayor Watkins took a moment to recognize Mr. Larry Donaldson, several boy scouts and one Girl Scout to the meeting. Mr. Donaldson said the scouts are working to get credit for a citizenship award. He said one of the requirements is to attend a meeting for the City or County. Mayor Watkins welcomed them to the Council meeting. 73 AGENDA CHANGE Mayor Watkins said we will omit item #9 (reading of a resolution consenting to the placement of industrial property within the corporate limits of the City) because they don’t have things ready yet. APPROVAL OF MINUTES Mrs. Cohen made a motion to approve the minutes of regular council meeting and one work session. The motion was seconded by Mr. Segars. CHAMBER UPDATE - MS. SUSAN ALEXANDER Ms. Alexander said on April 22, 2009 the Chamber hosted The Administrative Professionals Luncheon at the Country Club. She said the Chamber has twenty-four new members since January, 2009. There was a ribbon cutting ceremony at Hot Dog Haven on S. Main Street. Ms. Alexander said on May 27, 2009 there will be a Lunch & Learn at the Country Club. She said they should have their membership directory by mid July and also their new maps. AUDIT COMMITTEE REPORT Mrs. Cohen gave an Audit Committee report. She said the Audit Committee consists of three council members-Mrs. Annette Thomas, Mr. John Segars and herself. Mrs. Cohen said the purpose of the committee is to work with the auditors to see where we can improve our practices and internal control. PROCLAMATION – BUILDING SAFETY WEEK Mr. Kendall said as a result of the death of Mr. Jeffrey Kimbrell, who sustained fatal injuries from a fall off of the scaffold while working on one of his houses, he felt it was necessary to inform the citizens of Darlington the importance of building safety. Mayor Watkins read the proclamation declaring May 17-23, 2009 as Building Safety Week. FIRST READING ON ORDINANCE TO ADOPT 2006 INT’L BUILDING CODES Mr. Cannon made a motion for First Reading on ordinance to adopt the 2006 International Building Codes including the first chapter of the International Building Code which specifies the Administrative Enforcement of the Codes. Mr. Segars seconded the motion. All approved the motion. 74 INFO Mr. Cannon said rather than the City continuing to cut overgrown lots, let them grow to their natural vegetative state because this can become very expensive for the City. SECOND READING DESIGN REVIEW BOARD BYLAWS Upon motion of Mr. Chapman, seconded by Mr. Cannon, Second Reading on ordinance approving the Design Review Board’s Bylaws, which unanimously carried. DISCUSSION & FIRST READING OF 2009-10 BUDGETS Mr. Garland went over different sections of the proposed budget. Mayor Watkins said we should schedule a public hearing prior to our next regular council meeting. Mr. Segars made a motion to approve first reading of the 2009-2010 budgets which was seconded by Mr. Cannon. Mr. Chapman asked to hear from staff about budget changes. Mr. Garland went over the general fund and water & sewer breakdown. Mr. Chapman wanted to know how much money was transferred from the reserve fund into the general fund and how much. The City Clerk told him we transferred $600,000 but since the work session in April, 2009, $300,000 had been put back into the fund. The Clerk told Council if we were still doing the TAN, we would have to pay it back in April of each year. Mr. Chapman said even though this money is in the City’s reserve fund, we still need to pay the fund back like we would if we had borrowed the money from a lending institution. The Clerk told council we just didn’t have the money to pay the fund back and if we had borrowed the money, I don’t know how we would have paid it back. Mr. Chapman said Council should approve all expenditures for the reserve fund before any money is transferred to the general fund. Mr. Chapman also said we need to delete the $7,000 that’s in the budget for Council to go to the annual meeting. Mrs. Cohen and Ms. Hines said they agree with Mr. Chapman. All approved the motion for First Reading on 2009-2010 budgets. Mrs. Cohen said it would be a good idea to post the budget on our website before the public hearing. CITY MANAGER’S UPDATE 1) Mr. Langley went over financial reports. 2) Mr. Langley said Mr. Bradley feels like things are still on target for the opening of the swimming pool. 3) Mr. Langley gave an update on the B.A. Gary Gym. He said he talked with Dr. Knight, but he doesn’t know what the hold up is. 4) Mr. 75 Langley said he asked Mr. Bradley to give him a list of things he plans to do at the gym, the hours of operation, programs, and who will supervise. 5) Mr. Langley said the notice of filing for the election will be August 5, 2009 – August 19, 2009. The filing dates for candidates running for office this year will be August 24, 2009 beginning at 8:30 AM until September 4, 2009 and ending at 5:00 PM. The election date is November 3, 2009. 6) Mr. Langley said the ad for the City Judge’s position will go into the paper next week. ASSISTANT CITY MANAGER 1) Mr. Garland said the Carnegie Library is 60% complete. He said there was a problem with about 600 of the old bricks. Mr. Garland said there was a difference in the size of the old brick and the new brick so the contractor decided to take the new brick and cut them in half so they will blend in with the old brick. 2) Mr. Garland said he will ask Council to consider putting in a French drain which will cost approximately $40,000. 3) He said the McLellan building is 75% complete. He said the completion date for the McLellan Building is the middle of July. Mr. Garland told Council he would like for them to take a tour of the walkway sometime in June. 4) Dale Jaegar who’s working on a master plan for Darlington Memorial Cemetery is 40% complete. WORK SESSION A work session has been scheduled for Tuesday, May 26, 2009 6:00 PM at the City of Darlington Administration Building. A public hearing has been set for June 9th at 6:00 PM rather than on June 2nd before our regular meeting. We will have a special meeting at 6:30 PM immediately following the public hearing. REMINDERS May 25, 2009 – Memorial Day Holiday ADJOURNMENT Upon motion of Mr. Segars, seconded by Mrs. Cohen, the meeting adjourned at 8:30 PM. Mayor 76 ATTEST: Clerk & Treasurer CITY OF DARLINGTON REGULAR COUNCIL MEETING April 7, 2009 The Regular Meeting of Darlington City Council was held April 7, 2009 at 7:00 P.M. in the City Council Chambers of City Hall at 400 Pearl Street. Present at the meeting: Mayor Anthony Watkins, Councilpersons, Thomas, Hines, Cohen, Cannon, Segars, and Chapman along with City Manager, Rodney Langley, and Assistant City Manager Howard Garland. Also present were the following city employees: Mr. Robert Garland, Mr. “Sandy” Kendall, and Mr. Freddie Kinsaul. Copies of the agenda were faxed to The News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 PM by Mayor Watkins. PRAYER Mr. Segars gave the invocation which was followed by the Pledge of Allegiance. APPROVAL OF MINUTES Mrs. Cohen made a motion to approve the minutes of regular council meeting. The motion was seconded by Mr. Chapman. Mrs. Thomas said 77 on page two under DDRA Manager’s update, to add “Scarlett’s” as the name of the antique shop on Broad Street. She also said on page five to change the wording from sewer repairs to repaving of street. All approved the motion. CHAMBER UPDATE - MS. SUSAN ALEXANDER Ms. Alexander said on April 22, 2009 the Chamber will host Administrative Professionals Luncheon at the Country Club. On Tuesday, April 28, 2009 from 5:00 PM -7:00 PM, the Darlington Chamber will host an open house to celebrate the opening of the Darlington Economic Partnership Office. Ms. Alexander said all Chamber repairs are complete. INFO Mayor Watkins said Assistant City Manager, Mr. Howard Garland, went to Columbia to pick up a 2009 award the City of Darlington was presented with (2009 Honor Award) from the Governor. AUDIT PRESENTATION – MR. ROB JORDAN Mr. Rob Jordan appeared before Council to give them the results of the audit. He went over pages 3, 16, 19, 38, 40, 53, 56, 59, 60, 61, and 62, of the 2007-2008 audits with Council. Council members were given an opportunity to ask questions about the audit. Mr. Jordan told Council to look over the financial statements and if they have any more questions, he can come back at a later date and answer their questions. GOVERNMENT ACCESS CHANNEL – MR. LARRY SMITH Mr. Larry Smith along with Ms. Chelsey Brown, his Assistant, appeared before Council to discuss the City of Darlington having their council meetings on public access channel. Ms. Brown said the City of Darlington can broadcast all of their meetings on the Time Warner public access channel each month. She said the cost is $125.00 per month and this would be a good way to keep all of the citizens informed and involved. She said this cost would include all of the regular monthly council meetings with the exception of executive session meetings. They will also cover six special meetings each year. Ms. Brown told Council if they approve this, they can start the broadcast with May, 2009 meeting and run on a twelve month program schedule. Mr. Larry Smith said the City of Darlington already has a relationship with Time Warner, but they are seeking to provide physical coverage of our council meetings that would be given to Time Warner to 78 broadcast at a cost of $125.00 per meeting. Mr. Smith said Ms. Brown would come to our council meeting each month and record it and a couple days after that the program will be ready to air on the public access channel. Mayor Watkins asked Ms. Brown if she set up lighting for the recording. She said she would provide lighting, depending on the lighting in the Council Chambers. Mr. Smith told Mayor and Council that for the first couple of months he would let them view the recording before it is sent to Time Warner to make sure it’s the quality they want. Mr. Smith said they would tell us what time slot the council meeting will be in so that we can inform the community. Mr. Langley asked if the council chambers will be large enough and bright enough to do a recording. Ms. Brown said it’s large enough, but she does not think it would be bright enough. Mayor Watkins said he finds this very intriguing and interesting and would give it some consideration. Mr. Segars made a motion to receive this as information at this time and discuss at our work session. The motion was seconded by Ms. Hines. All approved the motion. WILLIAMSON PARK – MS. JENNIE WILLIAMSON Ms. Jennie Williamson along with Mr. Bill and Joe Ervin from Ervin Engineering appeared before Council with information on the Williamson park project. Ms. Williamson passed out copies of pictures of the boardwalk. She said Mr. Ervin drew up preliminary estimates on specific figures on the distance of the boardwalks and a general idea of how much it might actually cost to repair it. Ms. Williamson said based on what Mr. Bill & Joe Ervin drew up, their estimate came close to $220,000 which is considerably less than her estimate of $235,000. Ms. Williamson asked Council to take full consideration in funding the Williamson Park boardwalk project. Mayor Watkins said we would receive this as information for now and look at this as we will all other projects that are candidates for the hospitality tax funds. Ms. Williamson asked Mayor Watkins if Council was in a position to say what their schedule is. Mayor Watkins said we have not scheduled a meeting to discuss this, but he believes we would be able to work this into a work session that we have scheduled for this month. He said this would be contingent on the ability of the staff to give us reasonable or accurate recommendations. Assistant City Manager, Mr. Howard Garland told Mayor Watkins he would need to put this off until another work session because we are going to have a budget work session and Representative Robert Williams would like to make a presentation at this meeting as well. Mayor Watkins told Ms. Williamson that Council would address this at a future meeting. Mrs. Thomas asked Ms. Williamson if she 79 considered doing the different boardwalks in phases. Mr. Ervin told Mrs. Thomas the project can be phased and his plan for construction is that the construction will take place along the trail. Ms. Hines said with losing two months of hospitality tax money and it’s not coming in really fast, we can’t say if we can pay for this at one time. Mr. Ervin said he will look at a phased approach for Ms. Williamson to give her an idea of how we would do it. He said the cumulative cost would be greater, but it’s possible to do. Mrs. Thomas said she loves the concept they have at the park in Florence which has a playground area and a picnic area. Mrs. Thomas asked Ms. Williamson if she has thought about something along these lines. Ms. Williamson said there are areas to picnic now, but the idea of Williamson Park is a woodland preserve, bird watching and other things that are nature oriented. Mayor Watkins said we will receive this as information and give attention to it as soon as we can. N. MAIN WELL MAINTENANCE – MR. FREDDIE KINSAUL Mr. Kinsaul said he received a bid of $52,481 from Professional Pump & Well to pull, clean, refurbish and put a new hose and pump on electrical controls. He said Professional Pump & Well is a local company and they do all of our service work. Mr. Cannon asked about the time frame. Mr. Kinsaul said they will be able to start within a month and will need to be done before we get into the dry months. Mr. Langley asked Mr. Kinsaul if the company would be able to start and finish the project by the first of July. Mr. Kinsaul said whenever they start the job, they will finish it. Mrs. Cohen asked if there were any other bids. Mr. Kinsaul said we received several bids and Professional Pump is not the lowest, but it was not the highest bid. Mr. Kinsaul said he recommends that we use Professional Pump & Well to do this job. He said this is a budgeted item and he also has money left from the loan for the treatment plant. Mr. Chapman made a motion to accept the bid from Professional Pump & Well. The motion was seconded by Mr. Segars. All approved the motion. DISCUSSION – CONNECTING PUBLIC SQUARE TO ORANGE ST. SEWER Mr. Kinsaul said we have a sewer problem in downtown and Rehab Builders approached us because they have to make a tie on the McLellan Building. He said Rehab Builders have to run a water line out to Orange Street. Mr. Kinsaul said Rehab Builders made us an offer to have their plumbers dig the hole deeper so that we can install our sewer line while they are putting in the new water line. Mr. Kinsaul said for about $32,000 the City will run a new 80 sewer line from the McLellan Building and pick up the sewer coming from the other buildings in the parking lot and take the new sewer tap out to Orange Street. Mr. Kinsaul said hopefully this will solve some of the sewer backup problems they have been having a Jewel’s Restaurant, Papillon, the doctor’s office and the jewelry store. Mr. Kinsaul said this is not a budgeted item, but we should have enough left out of the loan money to do this. Mayor Watkins said the entire parking lot will have to be repaved. Mr. Kinsaul said Rehab Builders has to run a new 6” water line from Orange Street to have enough water volume and pressure for the sprinklers in the building. Mayor Watkins asked if this will help with other problems. Mr. Kinsaul said this will not alleviate all of the downtown problems. He said they will tap off of the 8” line on Orange Street and run a new 6” main over to the back of the McLellan Building. Mr. Chapman asked Mr. Kinsaul what would be the maximum cost for this project if we were to bid it out. Mr. Howard Garland said Rehab Builders is going to use their plumber and all we have to do is give them the go ahead to do it. Mr. Langley asked Mr. Garland and Mr. Kinsaul if we have to get approval for the change. Mr. Garland said the money is ours to use as we see fit and when he called the State Revolving Loan Fund Office and they said as long as we use the money for water & sewer, we’re ok. Mayor Watkins asked Mr. Kinsaul what happens if we don’t do this project at this time. Mr. Kinsaul said Rehab Builders will tie another set of apartments from another building into that sewer line. Mrs. Thomas asked about funds that Senator Gerald Malloy was supposed to get us. Mayor Watkins said we were contacted by Senator Malloy telling us that there were funds available to help with the water and sewer project, but we didn’t get the money, so we have to use money from the loan. Mrs. Cohen asked if we could get someone to do the job cheaper than $32,000. Mr. Kinsaul said his crew will do some of the work in conjunction with Rehab Builders plumber. He said his crew will do the sewer tap and he has coordinated with Rehab Builders that when they dig the trench for their water tap we can install our sewer tap at the same time. Mr. Segars made a motion seconded by Mr. Chapman to go ahead and move on this and uses the $32,000 or whatever is needed. Mrs. Cohen said she is in favor of doing this, but she wants to know how the money will be accounted for in the budget. Mr. Kinsaul said we have the money. He said this is left over funds from the treatment plant. Mayor Watkins said we have the money and we can either return it or we can borrow against it and pay it back. Mrs. Cohen said her concern is we list a project that is not already in the budget, but we’re not amending the budget. Mayor Watkins asked Mr. Langley and Mr. Garland’s opinion on this. Mr. Langley said we have the 81 money and the State said we don’t have to get permission to change the scope of the project, so basically it’s already been approved from the State. All approved the motion. Mr. Cannon said we need to understand that running a City is like running your house. He said we are going to have unexpected things come up and if we have the money to do it, let us do it. CHANGE DATE OF NEXT COUNCIL MEETING Mayor Watkins said the “Taste of Darlington” falls on the first Tuesday in May, 2009 which is when we are to have our regular City Council meeting. Mayor Watkins asked Council their feelings about moving the date of our meeting to the 12th so that they can attend the “Taste of Darlington” if they want to. Mr. Segars made a motion to move our regular council meeting from May 5, 2009 to May 12, 2009. All approved the motion. HISTORIC LANDMARKS COMMISSION – MR. KENDALL Mr. Kendall had a list of four names for the Historic Landmarks Commission, but there are only two vacancies. He said he has vacancies for two alternates to serve on the commission. The nominees are as follows: Mrs. Janet Clark, wife of Dr. Barry Clark; Mrs. Linda Dargan, wife of Mr. Shaw Dargan; Mr. Mark Mozingo, son of Mrs. Mary Mozingo and Mrs. Eleanor Langley. Mr. Chapman made a motion to nominate Mrs. Linda Dargan and Ms. Eleanor Langley to fill the two vacant seats on the Historic Landmarks Commission and Mr. Mark Mozingo and Mrs. Janet Clark as alternates. Mrs. Cohen seconded the motion. All approved the motion. Mr. Kendall said Council misunderstood him. He only has two vacancies for alternates. Mr. Chapman rescinded his motion. Mr. Chapman then made a motion to nominate Mrs. Linda Dargan and Ms. Eleanor Langley to fill the terms of alternates for the Historic Landmarks Commission. Mr. Cannon seconded the motion. All approved the motion APPROVAL OF MEMBERS FOR BEAUTIFICATION BOARD Mr. Langley said there are three vacancies for the Beautification Board. He said the Board nominated some people and they are willing to serve on the committee. They are as follows: Eleanor Bonnoitt, Ms. Becky Ishman, and Heather Jordan. Mr. Langley said he may have a fourth vacancy at next month’s meeting and would like to nominate Mrs. Delores Jordan. Mrs. Thomas said the last time she heard about this she submitted her sister’s name to serve on the board and she has not heard anything from the City Manager. Mr. Langley told Mrs. Thomas that was the Design Review 82 Board. Mrs. Thomas said it was not. Mr. Kendall said Mrs. Thomas’s sister’s name was given to him for the Design Review Board. Mr. Segars made a motion to accept slate of names to serve on the Beautification Board. Mrs. Cohen seconded the motion. All approved the motion. FAIR HOUSING RESOLUTION Upon motion of Mrs. Cohen, seconded by Mr. Segars, approval of Fair Housing Resolution. DESIGN REVIEW BOARD BYLAWS – MR. KENDALL Mr. Kendall said after last month’s meeting the bylaws for the Design Review Board were reviewed and grammatical errors were cleaned up. Mr. Kendall said the correct name is The Design Review Board. Mr. Chapman made a motion that we approve the first reading of The Design Review Board bylaws with the addition in section B-2 to include that the Chairman of that board must live in the City limits of Darlington. Ms. Hines seconded the motion. Mrs. Cohen said in the section where it says the Design Review Board established- this board has been established in the zoning ordinance. She said we can reference this. Mrs. Cohen made a motion to amend the motion. Mr. Chapman seconded the motion. Mayor Watkins said Mr. Chapman’s original motion was to approve the Design Review Board bylaws which contains language that is in the Zoning Ordinance with the code of ordinance. Mayor Watkins said Mr. Chapman mentioned in his motion to change the language to state that a member could be a person who does not live inside the city limits, but the Chairman may not. He said Mrs. Cohen made a motion to amend the motion taking that language back out and going back to the original language that is part of the ordinance. Mr. Chapman withdrew his second, and the motion failed for lack of a second. Mrs. Cohen stated that the ordinance as presented stated that under item A (Creation) that the Design Review Board will consist of five citizens of the City, but paragraph 1) went on to say that the five members could be five citizens “who reside or own property within the corporate limits of the City.” Mrs. Cohen made a motion to amend Mr. Chapman’s motion to remove the words “of the City” from item A, which would change the wording to “The Design Review Board will consist of five citizens who reside or own property within the corporate limits of the city.” Mayor Watkins said that this would not conflict with Mr. Chapman’s motion, and Mr. Chapman seconded the motion. Mayor Watkins took a 83 roll call vote: The vote was four ayes and three nays. Motion passes. Going back to Mr. Chapman’s motion, Mr. Cannon voted yes; Ms. Hines voted no; Mrs. Cohen voted no, Mr. Chapman voted yes; Mrs. Thomas voted no; Mr. Segars voted yes; Mayor voted yes. The motion passes. CITY MANAGER’S UPDATE 1) Mr. Langley reported on finances for general fund and water & sewer fund; 2) Mr. Langley reported on hospitality tax; 3) Mr. Langley said the pool should be finished by the first or second week in June; 4) Mr. Langley said we applied for about fifteen young people to work with different departments of the City of Darlington through the stimulus package program that schools received; 5) The Taste of Darlington will be May 5, 2009; 6) The Car Haulers Parade & Race Fest will be May 7, 2009; May 8, 2009 Nationwide; 7) May 9, 2009 – Southern 500. ASSISTANT CITY MANAGER Mr. Garland gave an update on the McLellan Building project; 2) Mr. Garland said the space for the walkway is visible; 3) He said the Carnegie Museum is halfway done; 4) He said the City will receive credit from the contractor because they did not have to fix six of the eighty-eight windows in the back because they were reinforced with steel; 5) He said he will be requesting in the budget that we do work on a French drain that will go around the entire building because of major drainage issues in the basement. He said the drain will cost about $40,000 over and above what we have. Mr. Garland said he would like to do this in the next budget year and we can keep the same contractor on board and have him do a change order and have the work done in July. Mr. Garland said we can keep the same contractor without having to put it out for bids. WORK SESSION A work session has been scheduled for Thursday, April 23, 2009-6:00 PM at the City of Darlington Administration Building. REMINDERS Good Friday Holiday, April 10, 2009; Easter Sunday, April 12, 2009. ADJOURNMENT Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 9:18 PM. 84 Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON REGULAR COUNCIL MEETING March 3, 2009 The Regular Meeting of Darlington City Council was held March 3, 2009 at 7:00 P.M. in the City Council Chambers of City Hall at 400 Pearl Street. Present at the meeting: Mayor Anthony Watkins, Councilpersons, Thomas, Hines, Cohen, Cannon, Segars, City Manager, Rodney Langley, and Assistant City Manager Howard Garland. Also present were the following city employees: Mr. Robert Garland, Mr. “Sandy” Kendall, Police Chief Jay Cox, Fire Chief Jim Stone and Mr. Freddie Kinsaul. Copies of the agenda were faxed to The News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 PM by Mayor Watkins. PRAYER Ms. Hines gave the invocation which was followed by the Pledge of Allegiance. 85 APPROVAL OF MINUTES Mr. Segars made a motion to approve the minutes of regular council meeting. The motion was seconded by Mrs. Cohen. Mrs. Thomas said when Mr. DiLeo was giving his update on the area near Hardee’s, to include “working on the curb and gutter at S. Main Street near Hardee’s”. On page five (5) under City Manager’s update – Mrs. Thomas wanted to know if the ditches on S. Main Street were going to be opened to help drainage. Mrs. Thomas said in the last paragraph, Mrs. Cohen made a motion to enter into a partnership with an area corporation. She said now that the motion has gone on the floor, she wonders whether she should put in the minutes that we enter into a partnership with “Honda” for an improvement project in Williamson Park. She said it needs to be put in the minutes specifically what that motion was involved with. Ms. Hines said we were not supposed to call their name. Mayor Watkins said the company in question did not want to be named until we have a formal agreement. Mayor Watkins said the company indicated at the time that they had a formal agreement, they would make their own announcement. Mrs. Thomas said in order for our minutes to be official, we need to include the name of the corporation. Mayor Watkins said this was discussed in executive session and was not to be discussed publicly. She asked if we could put Williamson Park in the minutes. Mayor Watkins said he doesn’t think it would matter if we mention the name of the area in the minutes. All approved the motion. MAIN STREET UPDATE – MR. TONY DILEO Mr. DiLeo said signage was approved for Dollar General and for Food Lion. The Hartsville Medical Enrichment Services has moved into the old Farmers Mutual Insurance building. Mr. George Harrison, Jr. opened Burger Max in the old Central Park building. Mr. DiLeo said Kids Closet opened in the building next to the Carolina Bank Plaza. He said there are two people interested in the Café Bleu building. He said our Annual Golf Tournament will be Wednesday, April 8th. Mr. DiLeo said the Antique Shop on E. Broad Street is still working to get in compliance with the building codes. The Easter Bunny will be on the Square again this year on Saturday, April 11th and they will also have an Easter Egg Hunt the same day for the children. The Business Pride Award went to the Camillia Garden Club on North Main Street and the Residential Pride Award went to Dr. Barry Clark at 210 Cashua Street. The Taste of Darlington will be Tuesday, May 5th, 2009 from 7:00 PM – 9:00 PM. 86 AGENDA AMENDMENT Mayor Watkins asked Council’s permission to amend the agenda by replacing item #7 with Design Review Board Bylaws because Mr. Will Isgett and Miss Teen Darlington were not present. There was no objection from Council. CHAMBER UPDATE - MS. SUSAN ALEXANDER Ms. Alexander they are working very hard on publishing a membership directory this year. Ms. Alexander said the open house that was held at the Free Medical Clinic last month was a success. On March 26, 2009 the Hartsville, Florence and Darlington Chambers will come together for an “After Hours” at the Darlington Raceway. Ms. Alexander said the Chamber will be operating from her house tomorrow because of work being done to some of the walls in the chamber building. Ms. Hines asked if the work Mr. Anderson did was only to the front of the Chamber and not anything on the inside. Mayor Watkins said he thinks this is the result of some drainage issues where the water was leaking down the side of the building. Ms. Alexander said she understands that the problem came from the drainage from the roof which was leaking down inside the walls which caused the walls on the inside to buckle. Ms. Hines asked if there was a charge for this and Ms. Alexander said. “No”. MR. JIM MONEY – DARLINGTON COUNTY TOURISM DIRECTOR Mr. Money invited Council to come to a tourism meeting at the Raceway on March 24, 2009 from 9:00 AM – 11:00 AM to discuss the future of tourism and the direction that the County should take in regard to the County and the Pee Dee area. He told them if they can’t attend the morning meeting they will have a public forum that same evening from 6:00 PM – 8:00 PM at Black Creek Arts Council in Hartsville, SC. Mr. Money told Council they really need their input because the direction of tourism in the County is going to be as much their responsibility as it is his. MR. PETER THOMAS – CONCERNED CITIZEN Mr. Peter Thomas, brother to the late former City employee, Mr. Cecil Thomas said he has concerns about Railroad Avenue which is the area where he grew. Mr. Thomas said he has concerns about not having any street lights in South Darlington because he walks a lot. He said his main concern tonight is the lack of lighting on Railroad Avenue. Another issue is there are trees that have been on Railroad Avenue since he was a child and 87 now they are covered with vines. He asked if there is any type of agreement between the City of Darlington and the railroad company to clean the under brush. Mr. Thomas said this area is only about six blocks from the courthouse and this is something that we need to look at and see what can be done. Mr. Thomas then asked if there is anything on agenda for a sports complex in Darlington. Mayor Watkins told Mr. Thomas it might be helpful for him to make a list of some of the areas where the lots are overgrown. He said we receive a lot of street light requests, but we can’t put lights everywhere, but we can certainly look at the area and see if it is feasible. He said we do have areas where people can walk, which are mostly indoors. DESIGN REVIEW BOARD BYLAWS – MR. KENDALL Mr. Kendall gave Council a draft of the Design Review Board bylaws for review. He said this Design Review Board deals with commercial property and not residential. Mr. Kendall said all of the commercial construction (new and alterations to existing buildings) should go through a design review process which this board that is established by Council has the right to review those items. Mr. Kendall said this is what the ordinance addresses. Mr. Kendall said they will be looking at the exterior cosmetic designs of the building. He said he wants their input and would appreciate any changes they make. Mayor Watkins suggested that Council give first reading on the draft and they can make any changes before we have second reading. Mr. Segars made a motion for First Reading on Design Review Board bylaws. The motion was seconded by Mr. Chapman. Mrs. Thomas asked if it is possible to footnote it that these duties were once regulated by Darlington Downtown Revitalization Association and have now been changed and are under the auspices of Darlington City Council. Mayor Watkins said this is understood. Mr. Kendall said the bylaws start with stating the purpose of the board. He said they are trying to make sure they go through the legal process. Mr. Kendall said he understands we had a problem with the legality of the Downtown Revitalization Committee because they weren’t appointed by Council. Mr. Langley said this draft is not in ordinance form and in doing so we can address Mrs. Thomas’ concern as we word the ordinance. Mr. Langley told Council they can go ahead and have first reading. All approved the proposed bylaws. Mayor Watkins said by the time we meet again the ordinance will be in legal form signed by the City Attorney. REQUEST FROM SCDOT TO PURCHASE LAND AT N. MAIN WATER WELL 88 Mr. Langley said a week or so ago he met with Mr. Reginald Elliott, Rightof-Way Agent for SCDOT because they are working on a project to widen US 52 North and the City owns a portion they need for the expansion. Mr. Langley said the City owns a small piece of property at Citi Trends where the entryway to the water tank is. He said SCDOT would like to purchase the 0.112 acres or 4,883 square feet of this property to expand their right-ofway. Mr. Langley said he had a concern about the City workers not being able to get to the water tank which he addressed with SCDOT. He said they came back and said they would include language in the agreement that we would be able to get to the tank. Mr. Langley said they are offering us $1,200 for the property. Mr. Chapman made a motion to instruct the City Manager to request the City Attorney to prepare an ordinance to allow the City to sell the property. Mrs. Cohen seconded the motion. Mrs. Thomas said as she looked in our preliminary budget, she does not see anything in it that shows physical property that the City owns so it can be counted as an asset. Mayor Watkins said he knows this would be part of an audit, but he does not know that it would be part of a budget. Mr. Langley said property is not listed in the audit as such, but they are included in the audit as assets. All approved the motion. Mr. Langley asked Mayor and Council if SCDOT is willing to have their attorney draft the ordinance would this be okay with them to let them do it. Mr. Langley said they would pay the cost as well. Council was okay with doing this. BID APPROVAL FOR S. MAIN & THIRD STREET SEWER REPAIR Mr. Langley said he only received one bid for S. Main Street and Third Street sewer repairs which was received from Industrial Paving. Mr. Langley said there is 553’ on Third Street that has to be resurfaced and repaired at a cost of $25,000. He said on S. Main Street we had a sewer collapse and when they went in they found good pipe and then they found 95’ with no pipe. Mr. Langley said 95’ later they found pipe again and Mr. Kinsaul said it appears they had a wooden trough. He said the cost to repair this job is $4,960. He said our crews have already gone in and put concrete in. Upon motion of Mr. Chapman, seconded by Mr. Segars, to accept bid from Industrial Paving to repair Third Street at a cost of $25,000 and S. Main Street at a cost of $4,960. All approved the motion. BID APPROVAL FOR GANDY SWIMMING POOL Mr. Langley said only one bid was received for Gandy swimming pool repairs which was from Pee Dee Pool & Spa. He said one pool company came and looked at the job and said they would not tackle a job this big and 89 another company only did residential jobs. Mr. Langley said Pee Dee Pool & Spa gave a bid of $160,290. He said we will pay for this with hospitality tax money. Mr. Kinsaul said after completion of repairs to pool, it will have to meet DHEC certification. Mrs. Thomas made a motion to accept the bid from Pee Dee Pool & Spa in the amount of $160,290. The motion was seconded by Ms. Hines. All voted for the motion except Mr. Chapman. REQUEST FROM DARLINGTON COUNTY SCHOOL DISTRIST FOR BROCKINGTON SCHOOL Mr. Langley said he met with Mr. Larry Stegner and the School District need a 1,000 gallons of water per minutes to put in a fire suppression system. Mr. Langley said the City of Darlington cannot provide that amount of water without going through a great deal of expense. Mr. Langley said Mr. Stegner said if we cannot provide this amount of water, would the City of Darlington release them as a client of the City and let them go to the County and become a customer of the county water. Mr. Langley said he and Mr. Kinsaul talked about this and they don’t have a problem with it because the City can’t provide that much water. Mr. Langley said the County already has a 12” line on the By-Pass. Upon motion of Mrs. Cohen, seconded by Ms. Hines, to allow Brockington Elementary School to be released from the City of Darlington’s water system so that they can become a customer of the County Water System to provide the necessary water supply they are requesting. All approved the motion. SECOND READING ORDINANCE NOT TO EXCEED $1,000,000 Our Bond Attorney, Mr. Bill Hirata was supposed to be at the meeting to answer any questions Council may have concerning ordinance authorizing hospitality tax financings. Mr. Langley gave Council members a memorandum from Mr. Bill Hirata because he was unable to be at the meeting. Mr. Segars told Mayor Watkins he would like to reiterate what he said at the last Council meeting and consider approving the bond for up to $3M. He said we don’t have to spend the money, but we’ll have everything in place if we ever need it and we won’t have to go back and pay expenses to get additional money approved. Mr. Segars then made this in the form of a motion. Mr. Segars made a motion that we change the wording in the ordinance to allow approving this bond for up to $3,000,000. The motion was seconded by Mr. Chapman. Mrs. Thomas said she does not know what kind of meetings have been going on for them to want to change the motion that was made at the last meeting. Mrs. Thomas told Mayor Watkins it’s not 90 fair for him to allow this motion be brought back to the floor again about the $1,000,000 bond. Mrs. Thomas said, “This man sent this memo February 26th, this is the first time I’ve seen it, it’s on my desk tonight, I haven’t had a chance to read it, but then you gonna come up wanting a motion to go on the floor to make sure you put that $3M figure back in there again”. Mayor Watkins tried to say the bond attorney was instructing us what to do. Mrs. Thomas said the bond attorney doesn’t pay anything in Darlington, and he doesn’t run our business. Mayor Watkins said, “No, we pay him”. Mrs. Thomas said that’s why he needs to do what we ask him to do if we pay him.” Mr. Chapman said his understanding from the memo is you get a better interest rate if we use the language for $3M rather than $1M. All Council members voted to approve the motion to change language in ordinance from $1M to $3M except Mrs. Thomas who opposed the motion. Mr. Cannon wanted to know why Ms. Jennie Williamson was allowed to stay in the executive session after her discussion was over. He said we are starting a trend of doing something that will start trickling down if we allow some people to do it. Mayor Watkins said he made a mistake in doing this and will take responsibility for it. Mayor Watkins said in the event this happens again and he does not catch it, if someone would remind him, he will excuse that individual. Mr. Cannon said he feels the swa-cars and dump trucks need to have a cover on the on the trucks so the trash won’t blow out. Mr. Langley said the workers are required to do this and if they care caught not having a cover on the trucks and they are given a ticket, they know not to come to his office for him to help work it out. CITY MANAGER’S UPDATE 1) Mr. Langley said he hopes to have B.A. Gary Pool up and running by early June, 2009. 2) Mr. Langley said he received a letter from Dr. Knight with Darlington County School District and everything is coming along very well with B.A. Gary Gym. He said they talked with their attorney as to how much property will be involved with it and as soon as this is done, Mrs. Knight will take it before the School Board and hopefully we will get a favorable response. 3) For Info Only – Mr. Langley said after talking with Mr. Wallace Bradley and Mr. Ken McRae, he wrote a letter to Dr. Rainey Knight asking her if she and the School Board would consider turning the title to Virgil Wells Football Stadium over to the City. He said the 91 Recreation Department can use the additional facility to develop a walking track. Mr. Langley said we also need space for youth soccer and also space for the older boys to play. He said he did get a response from Dr. Knight stating she did receive the letter and that she would be back in touch with me. Mr. Langley said if we could get the football stadium we have the beginning of a sports complex. ASSISTANT CITY MANAGER 1) Mr. Garland passed out copies of the Sandlapper Magazine to Council members; 2) Darlington Memorial Cemetery Association received twenty qualifications from different architectural landscape firms. Mr. Garland said they met twice to go through the different applications and the Memorial Cemetery Association felt comfortable with Dale Jaeger Company out of Gainesville, GA to handle the landscape master plan at a cost of $20,000. Mr. Garland said when the project is finished they will have a nice landscape plan and a nice GIS digital map of the area. He said they will also work on signage to let people know how to get to the cemetery. The work is supposed to be finished by August 17, 2009. 3) Mr. Garland said the first round of budget meetings have been held, but he will meet with department heads again next week to go over their reduced budgets. 4) Mr. Garland gave an update on the Carnegie Library Building. He said fifty-five of the eightyeight windows have been repaired. The contractor is working to clean the exterior brick. 5) Mr. Garland said the contractors are still on schedule to be finished with the McClellan Building by June 15, 2009. ADJOURNMENT Upon motion of Mr. Segars, seconded by Mrs. Cohen, the meeting adjourned at 8:45 PM. Mayor ATTEST: Clerk & Treasurer 92 CITY OF DARLINGTON REGULAR COUNCIL MEETING February 3, 2009 The Regular Meeting of Darlington City Council was held February 3, 2009 at 7:00 P.M. in the City Council Chambers of City Hall at 400 Pearl Street. Present at the meeting: Mayor Anthony Watkins, Councilpersons, Thomas, Hines, Cohen, Cannon, Segars, City Manager, Rodney Langley, and Assistant City Manager Howard Garland. Also present were the following city employees: Mr. Robert Garland, Mr. “Sandy” Kendall, Police Chief Jay Cox, Fire Chief Jim Stone and Mr. Freddie Kinsaul. Copies of the agenda were faxed to The News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 PM by Mayor Watkins. PRAYER Mayor Watkins gave the invocation which was followed by the Pledge of Allegiance. APPROVAL OF MINUTES Mrs. Cohen made a motion to approve the minutes of a public hearing and regular meeting. The motion was seconded by Mr. Cannon. All approved the motion. MAIN STREET UPDATE – MR. TONY DILEO Mr. DiLeo said he is working on the area near Hardees and has a rough sketch of it. He said he is working on a sign renovation for Darlington Office Supply. Mr. DiLeo said the lady that was going to open the Mayflower Bistro will not be opening because she could not get financing for it. He said the colors have been approved for the old NAPA building. He said they are thinking about opening up a youth center in this building. 93 Hartsville Medical Enrichment Services moved into the old Farmers Mutual Insurance building at 146 Exchange Street. Mr. DiLeo said the antique shop on Siskron Street is doing well. Mr. DiLeo said there are several roofs that are being repaired. The Taste of Darlington is scheduled for Tuesday, May 5, 2009. CHAMBER UPDATE - MS. SUSAN ALEXANDER Ms. Alexander said the Chamber had a “Board Retreat and restructured a lot of their committees to try and make the Chamber more effective. The Chamber had their Prime Time where they showcase the new members and Business After Hours. She said their annual banquet was a success. Ms. Alexander said they have a “Business After Hours” with the Free Medical Clinic and Darlington Personal Services on February 16, 2009. She said their new website is being launched this week. Ms. Alexander said the Chamber should be getting their maps soon and they should be ready to distribute in about a month. APPROVAL OF BIDS TO PURCHASE POLICE CARS Mr. Langley said he sent request for proposals to all of the financial institutions in Darlington and only received one back. Mr. Langley said the proposal came from Carolina Bank at 5.90%. Mr. Langley said we also got a proposal from Ford Motor Credit Company which was at 6.5% plus the fact when we go to pick up the vehicle, we would have to make a payment. Mr. Langley recommended that Council approve Carolina Bank at 5.90% for the four new police cars. Mr. Segars made a motion to accept low bid from Carolina Bank at 5.90% for four new police cars. The motion was seconded by Mrs. Thomas. Mrs. Cohen wanted to know the amount of the loan. Mr. Langley said he thinks we did $118,000. Chief Cox said the price won’t be that much because he has equipment from the old cars that can be used and he also found out they take trade-ins, so he plans to trade-in the two unmarked police cars. Chief Cox said hopefully we should be looking at approximately $114,000 to $115,000. All approved the motion. DESIGN REVIEW BOARD Mr. Kendall gave Council copies of the minutes from their board meeting. He said the wording of the bylaws is open for Council’s approval as is or as amended. Mr. Kendall said they only had three of the five board members to attend the last meeting. Mr. Kendall said he has concerns about this and feel we need to have a couple of alternates for this board. Mr. Langley said this was information that was sent in Council’s packets and Mrs. Cohen said 94 she did not receive hers. Mayor Watkins said he did not receive his packet either. He said rather than asking Council to approve something they have not read or had opportunity to look through, maybe they could receive tonight as info and vote on it for approval at the next meeting. Mr. Cannon made a motion to receive bylaws as info. The motion was seconded by Mrs. Cohen. Mr. Langley told Council they could get two or three more names for consideration to serve as alternates. All approved the motion. MASC – “CITIES MEAN BUSINESS” MONTH Mayor Watkins said the Municipal Association of SC has urged us to proclaim February, 2009 as “Cities Mean Business” Month. Mayor Watkins read the proclamation to everyone and then signed it proclaiming February, 2009 as “Cities Mean Business” Month. FIRST READING ORDINANCE NOT TO EXCEED $3,000,000 Mayor Watkins said we were advised by our bond attorney to add flexibility in the language of the ordinance not to exceed $1,000,000 to $3,000,000 in the event the City goes over the projected amount, we would not have to go back before City Council for approval of additional funds. Mr. Langley told Council that this ordinance authorizes the City to go out and try to get the bond sold. Mr. Langley said when working with the bond attorney he had questions about the payback of the note and the number of years. He said this info would be in the actual bid documents. Mrs. Cohen made a motion to approve the ordinance with the stipulation that the bond we issue in this current fiscal year does not exceed $1,000,000 and any additional bonds that apply to this would only be done with the approval of Council. Mayor Watkins asked Mr. Langley if this limits our ability to be flexible and Mr. Langley said, “No”. Mr. Segars said we are going against what the bond attorney advised us to do. Mr. Langley told Council we did not have to approve the ordinance for $3,000,000. He said it could be $1.5M or $1M, but by approving $3,000,000 and we got into the project and underestimated how much it would be, or something comes up and Council feels we need to expand the project, we would not have to go back before Council to get it approved. Mr. Langley said Council can approve for us to spend up to $1M, but in order for us to be able to do this without paying the bond attorney again, we would need some sort of flexibility. Mr. Langley said if Council feels that we need to keep the ordinance at $1M at this point, that’s what they need to do. He said staff is not going to go over $1M whether they vote $1M or $3M until we get permission from Council. Mrs. Thomas said Mayor Watkins said we were 95 advised by our bond attorney to add flexibility in the language of the ordinance not to exceed $1,000,000. Mrs. Thomas said Council voted on four different items and the bond attorney doesn’t know their calculations to be able to project to us to give a $2M stretch from what Council voted on. She said Council needs to stick to the language of $1M that this council unanimously carried for four different projects. Mrs. Thomas said if Blue Street or another project comes up later, then we will handle it the way we’ve handled the police cars, the fire truck, and anything else that comes about. Mrs. Thomas said she voted on us doing $1M for the four projects they talked about. She said she hopes that’s the understanding that council members had when they voted on it. Mrs. Cohen said her understanding is the initial bond is $1M. Mr. Langley said this is legal language. Mrs. Thomas wanted to know why the language in the ordinance has to read $3M and not $1M which council voted on. Mayor Watkins said he thinks the bond attorney has learned from experience that a lot of cities end up needing more money than they originally thought they would. Mr. Howard Garland said the bond attorney told him that it’s harder to bid out a $1M bond than a $3M bond. Mayor Watkins said we have a motion on the floor and unless we plan to amend the motion, we need to proceed with the original motion. Mayor Watkins said we would not exceed $1M, but because of certain legal and financial benefits that would occur to us because of the language and upon recommendation of the bond attorney, that language would be included. Mr. Langley said the bond attorney offered to come to second reading on the ordinance and answer any questions that Council may have. Mayor Watkins said in order to keep this on track, we probably need to go ahead and have first reading tonight. Ms. Hines said she wants to see something in writing on what can be done with the hospitality tax money. Mr. Segars said to get the wheels in motion, we need to follow the bond attorney’s advice and approve the ordinance for what he said. Mayor Watkins said no one made a motion to amend the motion, so we will proceed with the motion. Mrs. Thomas said the citizens and the merchants of Darlington are looking for the headlines in the paper to read $1M and not this mixed-up language of “not to exceed $3M”. She said we have to give the public the correct information. There was no second to Mrs. Cohen’s motion, so the motion failed. Mrs. Cohen said she would like to amend her motion to change the aggregate amount from $3M to $1M. Mr. Cannon said since it doesn’t seem like the discussion is going anywhere and Mr. Langley said the bond attorney is willing to come and discuss this with us, why not receive this as information at this point and once he explains everything, then they can move forward. 96 Mrs. Cohen said her motion would be for Council to approve first reading of an ordinance authorizing issuance of the bond, but changing the amount from $3M to $1M. The motion was seconded by Mrs. Thomas. Mrs. Cohen said she would request that the bond attorney come whenever they meet to have second reading and explain the idea of $3M so that they can see if it has merit. Mr. Segars said he did not understand the first motion, but he thinks we need to consider what the attorney is advising us to do and set the amount at “not to exceed $3M”. He said we need to have that flexibility. Mr. Segars asked to amend the motion to go back to “not to exceed $3M”. There was no second. Motion failed. Going back to Mrs. Cohen’s motion to change ordinance amount from $3M to $1M, all voted in favor of the motion except Mr. Segars and Mr. Cannon. CITY MANAGER’S UPDATE 1) Financial update- Met with department heads to stress the importance of them keeping their spending under control. Mr. Langley said he went as far as sending a memo to all departments advising employees that because of our financial situation, everyone is required to take five days off without pay between now and the end of June. 2) Will put bids out for the swimming pool 3) Sent letter to DOT concerning S. Main Street drainage and Cashua Street drainage problems. Mr. Langley said he received a letter back from DOT and they said they would help with this project. He said they will clean the ditches and clean the drain pipes under the driveways and the different streets that connect on S. Main Street. They will rod the line on Cashua Street. Mr. Langley said DOT asked if the City would be willing to clean catch basins out for them. He said he told them we would be willing to do this and anything else they need them to do. 4) Talked with Dr. Rainey Knight and she has asked the school attorney to draw up papers turning the B.A. Gary Gym over to the City. He said with the hospitality tax money we will be able to do some roof work and work to the floor to try and get the gym in place. 5) Hospitality Tax is up and running. ASSISTANT CITY MANAGER 1) Mr. Garland said there were some brochures printed for Downtown and they will be on display at welcome centers and rest areas in South Carolina. Mr. Garland said it cost $590 to print 5,000 brochures. 2) Representatives from Sandlapper Magazine came and they are going to do a six-page feature on Darlington. Mr. Garland said this was something that was planned a year in advance. 3) Mr. Garland said they had a meeting with the developer on the McClellan Building. Mr. Garland said they have poured the concrete for 97 the rear foundation. He said when they went in and took up the original floor they found out there was a wooden floor four feet beneath that one. Mr. Garland said they will use the wood from the second wooden floor as lumber for the flooring of the second floor apartments. He said Rehab Builders are still working with Representative Robert Williams’ group. Mr. Garland said they have hired two local people to work on the project, but he’s not sure how long they will be able to keep them on. He said they are thinking everything will be up and running by June 15th. 4) Carnegie Library Building - A brick mason will be coming in starting March 2nd to redo the outside brick. Mr. Garland said the brick mason is supposed to be here for six weeks. Mr. Garland said they are thinking the original work order should be completed by the 1st of July. He said if we have some funding from hospitality money, he would like to work on drainage issues around the building. 5) Stimulus Package – Mr. Garland said Mr. Phil Goff said when putting together our stimulus requests, water and road projects look best for funding at this point. He said the mixed projects are not looking good at this time. EXECUTIVE SESSION Mayor Watkins said there is a need to go into executive session to discuss negotiation and a legal matter. Ms. Hines made a motion to go to into executive session at 8:16 PM to discuss negotiations and a legal matter. The motion was seconded by Mrs. Cohen. Mr. Cannon made a motion, seconded by Ms. Hines to come out of executive session at 9:20 PM. Mrs. Cohen made a motion, seconded by Mr. Segars, Council agrees in principle to enter into a partnership with an area corporation for an improvement project for the City of Darlington. All approved the motion. ADJOURNMENT Upon motion of Mr. Segars, seconded by Ms. Hines, the meeting adjourned at 9:25 PM. 98 Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON PUBLIC HEARING January 6, 2009 A Public Hearing of Darlington City Council along with concerned citizens was held January 6, 2009 at 6:00 P.M. in the City Council Chambers of City Hall at 400 Pearl Street to discuss the annexation of a tract of land consisting of 4.6 acres of land on US By-Pass. Our Regular Council meeting followed the public hearing at 7:00 PM. Present at the public hearing: Mayor Anthony Watkins, Councilpersons, Hines, Thomas, Cohen, Chapman, and Segars. Also present was City Manager, Rodney Langley, Assistant City Manager Howard Garland, Mr. Tony DiLeo and Mrs. Rita Pegelow. Mr. Langley said one section has been taken out of the original annexation request which was purchased by Winburn Used Cars. Mr. Langley said he thought the Waffle House, Dollar General and the car dealership would be moving to this location, but the Waffle House backed out because they are looking at another location in the City. Mr. Langley said Winburn Used Cars does want to annex into the City of Darlington. 99 Ms. Hines asked if we could make Winburn Used Cars annex into the City of Darlington. Mayor Watkins and Mr. Langley said, “No, we can’t make them”. Mr. Langley said we don’t have to give them sewer either. There were no questions or comments from the public, so Mayor Watkins ended the Public Hearing at 6:45 PM. Mayor ATTEST: Clerk & Treasurer CITY OF DARLINGTON REGULAR COUNCIL MEETING January 6, 2009 The Regular Meeting of Darlington City Council was held January 6, 2009 at 7:00 P.M. in the City Council Chambers of City Hall at 400 Pearl Street. Present at the public hearing: Mayor Anthony Watkins, Councilpersons, Thomas, Hines, Cohen, Chapman, Segars, City Manager, Rodney Langley, Assistant City Manager Howard Garland. Also present were the following city employees: Mr. Robert Garland, Mr. “Sandy” Kendall, Police Chief Jay Cox, Mr. Freddie Kinsaul, Franklin Dowdy, Danny Watson, and Pat Cavanaugh. 100 Copies of the agenda were faxed to The News & Press, The Morning News and the Hartsville Messenger with place, date and time of meeting. The meeting was called to order at 7:00 PM by Mayor Watkins. PRAYER Mrs. Cohen gave the invocation which was followed by the Pledge of Allegiance. AGENDA AMENDMENT Mayor Watkins asked Council’s permission to amend the agenda by adding items 6A-Discussion of Williamson Park-Ms. Jenny Williamson and 8ARequest from the W&S Department to purchase a backhoe. Mr. Segars made a motion to suspend the rules to amend the agenda. The motion was seconded by Mrs. Cohen. All approved the motion. APPROVAL OF MINUTES Mr. Segars made a motion to approve the minutes of the regular meeting. The motion was seconded by Ms. Hines. Mrs. Cohen said on page 4 of the regular meeting minutes make the following correction: replace Mrs. Cohen made a motion to give Mr. Langley the authority to move forward with funding for the project with Mrs. Cohen made a motion that Council authorize Mr. Langley to secure a bond of $1 million based on anticipated revenue from the hospitality tax. On page 5 under “Loan for fire truck” make the following correction. After “Mr. Langley recommended…from Carolina Bank,” insert the sentence: “Mr. Langley confirmed to the Council that the first payment on this loan would be after July 1, 2009. Mrs. Thomas said for clarification, on page 3, in the section regarding the opening of the gym, to reword to read - Mr. Bradley said he currently opens the current gym twice a week. All approved the motion with noted changes. MAIN STREET UPDATE – MR. TONY DILEO Mr. DiLeo said the “Open House” downtown was a huge success. He said the “Pride of Darlington Award” was presented to Kalmia Garden Club on N. Main Street last Wednesday. He said this Thursday at 12:00 noon, the “Residential Pride Award” will be presented to Dr. Barry Clark at 210 Cashua Street. Mr. DiLeo said the former Café Bleu Building will be opening soon and will be called “The Mayflower”. He said a new business by the name of Hartsville Medical Services will be moving into the old 101 Farmer’s Mutual Building on Exchange Street as soon as he can get it ready for them. Mr. DiLeo said this medical office does all of the drug testing for the Sheriff’s Department, Detention Center and some for the fire department in Hartsville. He said they will be doing a grand opening soon for the antique shop that is opening on Siskron Street. CHAMBER UPDATE - MS. SUSAN ALEXANDER Ms. Alexander said the Chamber will have their Annual Board Retreat on the 14th of this month to plan for 2009; On January 15, 2009-5:00 PM at the Country Club the Chamber will have Prime Time to showcase new members that signed up in 2008; On January 22, 2009 the Chamber will have a ribbon cutting and Business After Hours for Mr. Anthony Outlaw of Premier & Partners located at 103 S. Main Street. On Thursday, January 29, 2009 the Chamber will have their Annual Banquet at the Country Club at 6:30 PM. WILLIAMSON PARK - MS. JENNY WILLIAMSON Ms. Williamson appeared before Council along with several members of the Williamson Park Committee to ask for monetary support for the park. Ms. Williamson said they have been developing a master plan for the park. She said their top priority in the master plan is to reconnect the route trails that tie the trail on Medford Street side across the old sewer line and back to the trail that parallels the park drive. Ms. Williamson said she doesn’t have an estimate yet for the cost to do this, but they have hired an engineering firm to come up with a design so that it would be appropriate to bid out, if and when there’s money to do it. She asked Council to consider giving $275,000 for the Williamson Park Fund. Ms. Williamson said they have established a beautification plan and is working to try an eradicate some of the invasive plants and restore the hardwood trees and increased accessibility in the places that they could. She said Mayor Watkins said Council will review the allocations that we will be able to make from the bond. Mrs. Thomas asked Ms. Williamson if the repair of the handrails is included in this figure. Ms. Williamson said some of the boardwalks have broken handrails, in particular the one over the sewer line. Ms. Williamson said what they have been doing and will continue to do with this money and their own resources are to repair that. She said their main focus is to get the boardwalk in better shape. Mrs. Thomas asked about the cost of the project. Ms. Williamson said a lot of this has to do with crossing over wet and damp areas where you can’t just clear the trail, you have to build a small bridge, and this is expensive as well as the cost of materials. Ms. Williamson said they put the boardwalk at the top of their list because it seems to be the most community interest and it’s 102 such a big expense. Mrs. Thomas asked Ms. Williamson if the money she was asking the City to give was in addition to what they would be raising and Ms. Williamson said, “Yes”. Ms. Hines asked Ms. Williamson if she had a poll on the traffic in the park. Ms. Williamson said she doesn’t have a scientific count, but Mr. Andy Cohen might be able to answer that question since he’s at the park the most. Mr. Andy Cohen said when he started working at the park in October, 2007 no one was coming into the park. Mr. Cohen said in the last year and a half, the count has been increasing geometrically. Mr. Cohen said he and his wife has donated significant funds and time to Williamson Park and would appreciate the appropriation of funds to begin to restore the boardwalk, trails and bridges. Mr. Brad Odom said where he lives on Carroll Drive is adjacent to the park and he has had opportunity to visit the park with his kids on a regular basis and he has seen more people visit the park. Mr. John Rider, who also lives on Carroll Drive, said he bought his house in 2002 and didn’t know the park was there at the time, but when he moved in he discovered the park and now he visits the park almost every day. Mr. Rider said there isn’t a way to get back to Spring Street unless you turn around and go back the other way or go down Carroll Drive to Medford Dr. Mr. Rider said the trail that the committee is proposing to close the circle will work. He said it will take a piece of his land to do this and he is willing to give it up. Mr. Eugene Vaughan also made remarks about Williamson Park. Mayor Watkins encouraged everyone to visit the park and see the nature. WORLD EARTH HOUR – FRANCIS PARNELL Mayor Watkins said on March 28, 2009 from 8:30 PM - 9:30 PM an international event (“World Earth Hour”) will be observed for one hour around the world to promote greater awareness of climate change. The “World Earth Hour” campaign is requesting people to turn off non-essential lighting during this hour. LOAN TO PURCHASE POLICE CARS Mr. Langley said last year we were told we would get grant money to purchase new police cars, but it didn’t happen. Mr. Langley said we have the “grant match money” in the budget. Police Chief Jay Cox said over the last two years, they have lost three police cars, one by accident and two by attrition. He said they have four fairly new cars and 12 officers are sharing the four vehicles. Chief Cox said by the end of the year the 2005 vehicles will top 120,000-140,000 miles with just routine patrol. He said he wants to have six good patrol cars, two officers to a car and two good spares. He said 103 right now the two spares are a 1998 model and a 2000, one with a 165,000 miles and the other with 147,000 miles. They have a 1998 model with 165,000 miles and two unmarked vehicles that are 10 years old with 117,000 and 116,000 miles. Chief Cox said it is well known in throughout the law enforcement community nationwide, that once a marked unit reaches 100,000 miles, it becomes a liability. Mr. Langley asked Chief Cox how much it would cost to get a car with the radio, camera, lights, etc. Chief Cox said around $34,000. Chief Cox told Council the price he’s giving them is not going to be the price we will have to pay. He said everything they can use out of the cars that have been wrecked and taken off line will be transferred to the new cars. Chief Cox asked for five new police cars (3 marked and 2 unmarked cars). Mrs. Thomas asked if we had a systematic replacement program in place for buying new cars so that we won’t be caught buying so many cars at one time. Mr. Langley said at one time the City had a depreciation program in place, but has since depleted those funds. Chief Cox said right now, he can live with getting four new cars (two marked and two unmarked cars). Mrs. Cohen asked Chief Cox if he felt certain that he could get financing that we wouldn’t have start paying on until after July 1st. Chief Cox told Mrs. Cohen he felt certain he could defer the payment until after July 1st. Chief Cox said Mr. Hill has already assured us that we could pay after July 1st. Mayor Watkins interrupted the meeting to welcome newly elected Sheriff, Wayne Byrd. Sheriff Byrd said he was standing at the door and overheard what Chief Cox said and wanted to back him up about the need for new police cars. Chief Cox gave a rough estimate of $115,000 for four cars using all existing equipment from the cars we now have. Mayor Watkins asked Mr. Langley if he could make a recommendation tonight. Mr. Langley said he and Chief Cox talked about this and he knows the need for new vehicles and if we do this we need to spread the payments out as much as we can. Mrs. Cohen said she liked the idea of four new police cars with payments starting after July 1, 2009. Mrs. Cohen said with take home cars when people see a marked car in the neighborhood it tends to make them feel secure. Mr. Langley said if the City is going to buy four new police cars, he would insist that Chief Cox go ahead and takes the cars offline that he plans to get rid of. Mrs. Cohen made a motion to authorize Mr. Langley to seek financing that will enable the City to purchase four new police cars with payments starting after July 1, 2009. The motion was seconded by Ms. Hines. All approved the motion. REQUEST FROM W&S DEPARTMENT TO PURCHASE 104 BACKHOE Mr. Kinsaul said the Water & Sewer Department seriously needs a backhoe. He said the rear end locked up on the 1985 backhoe at the Street & Sanitation Department and it will cost between $8,000-$10,000 to repair it. Mr. Kinsaul said the 1985 model is not worth fixing. He said Sunbelt Rentals has a used 2005 backhoe for approximately $20,000 which is a good price and it’s in good shape. Mr. Kinsaul recommended that we give the Street & Sanitation Department the one they are using and purchase the used 2005 model for the Water & Sewer Department. Mr. Kinsaul said they use their backhoe everyday, but the Street and Sanitation Department may not use their backhoe but two or three times a month. Mr. Kinsaul said it’s almost impossible for the men in the Water Department to work without a backhoe. Mr. Kinsaul said he has the money to pay for the backhoe because they worked a joint project on the demolition at the Cotton Mill and received a $20,000 check for services rendered. He said hopefully Mr. Merrill Sheffield can get enough out of selling the old backhoe to make up the difference. Ms. Hines made a motion to allow Mr. Kinsaul to use $20,000 received from working on the joint project to purchase the 2005 backhoe from Sunbelt Rentals. The motion was seconded by Mrs. Cohen. All voted in favor of the motion. DESIGN REVIEW BOARD Mayor Watkins said it was found that the Design Review Board was not fully implemented and there was a motion to request that Mr. Langley come back with a solution to that situation. Mr. Langley said he and Mr. Kendall has been trying to put together bylaws for the board, but was unable to complete them. He asked that Council allow them to finish the bylaws and call an organizational meeting of the board members that were approved by Council a couple of years ago to get them oriented into what the board will be doing and review the proposed bylaws. Mr. Langley said after that, he will get the bylaws to Council ahead of time and have them vote on their approval and put things in motion. Mr. Langley said they should have the bylaws for Council review by the February council meeting. RESOLUTION FOR RIMBURSEMENT FOR CAPITAL PROJECTS Mayor Watkins said in order to create a bond to leverage the financing or revenues from the hospitality tax it is necessary that the City must resolve its intent to reimburse itself for capital expenditures connected with the construction of or implementation of any of these capital projects from those funds derived from the bond. Mr. Langley said the bond attorney said this 105 resolution in no way binds the City to spend any of it or do any of the projects. Mr. Langley said all the resolution is saying is that if you go ahead with these projects and expend finances from the City of Darlington, we could reimburse ourselves once the hospitality tax money comes in. Mr. Segars made a motion to approve a resolution declaring the intent of the City of Darlington to reimburse itself for future capital expenditures incurred by the creation or construction of various projects. The motion was seconded by Mrs. Thomas. All approved the motion. SECOND READING ON ANNEXATION OF PROPERTY ON US HWY 52 BY-PASS Upon motion of Mr. Chapman, seconded by Ms. Hines, Second Reading on annexation of 3.865 acres on US 52 By-Pass next to the Movie Gallery, which unanimously carried. SECOND READING ON BUSINESS LICENSE ORDINANCE Upon motion of Mr. Chapman, seconded by Mrs. Cohen, Second Reading on ordinance requiring payment of license fees on business occupations and professions, which unanimously carried. CITY MANAGER’S UPDATE 1) Mr. Langley gave Council the following for capital projects: swimming pool $150,000, walkway-$260,000; Williamson Park-from $200,000$275,000 based on Council’s decision; B.A. Gary-$150,000 for a new roof, floor, equipment, etc.; Carnegie Library-$100,000. Mr. Langley said we are proposing to do a $1 million bond. 2) Mr. Langley said on Cashua Street and Main Street there are problems with water standing in the road. He said he has written to DOT asking for their help, but has not received a response. 3) Mr. Langley said he talked with Mr. Larry Stegner and he said the school board has approved to transfer the B.A. Gary gym to the City and the school attorney is getting all of the paperwork done. 4) Mr. Howard Garland worked on a letter today that he will send along with coupon books to all of the businesses that will pay hospitality taxes. A meeting is scheduled for next Friday @ 3:00 PM for any of the vendors that would like to come and ask questions. Mr. Langley said at this point and time he feels that the hospitality tax collection can be done in house. ASSISTANT CITY MANAGER 1) Rehab Builders is projecting a July completion date for the McClellan Building. 2) The Carnegie Building demolition is complete and the 106 radiators will be removed next week. They have started with brick removal. 3) Mr. Garland nominated Mr. Brad Odom to replace Mrs. JoEllen Carroll on the Williamson Park Committee. Mr. Chapman made a motion to accept the nomination of Mr. Brad Odom. The motion was seconded by Mrs. Thomas. All approved the motion. 4) Mr. Garland gave an update on the stimulus funding. REMINDERS City offices will be closed January 19, 2009 in observance of Martin Luther King Jr. holiday. ADJOURNMENT Upon motion of Ms. Hines, seconded by Mrs. Cohen, the meeting adjourned at 8:59 PM. Mayor ATTEST: Clerk & Treasurer 107