MINUTES
REGULAR COUNCIL MEETING
OCTOBER 12, 2015
The October 2015 regular meeting of City Council was held in the Council Chambers of the City-County Complex Building located at 401 West Main Street in Dillon, SC. All councilmembers were present: Mayor Todd Davis, Mayor Pro-Tem Connie Manning, Councilman James Washington, Councilman Johnny Eller, Councilman Douglas Jackson, Councilman John Braddy and Councilman Phil Wallace.
Mayor Todd Davis called the meeting to order at 7:00pm and everyone stood for the Pledge of Allegiance followed by the invocation from Benny Genwright. Councilman Braddy made the motion to approve the agenda which included an executive session for a personnel matter and a discussion on economic development. Councilman Jackson seconded the motion and it passed unanimously. Councilman Eller then made the motion to approve the minutes of the September 14, 2015 regular meeting. Mayor Pro-Tem Connie Manning seconded the motion and it passed unanimously.
Mayor Davis welcomed everyone to the meeting and began his report by clarifying his comments from last month about hotels. He said the City was not looking to build a hotel/motel. He was just asking Maggie Riales to check around and see if any hotel chains were interested in coming to Dillon. Next, the Mayor said the area around the Wellness Center had begun looking sloppy but that it looked much better now and he thanked whoever was responsible for this change. The Mayor then asked Council for feedback on enhancing the City Sports Complex. He said the track surrounding the area needed work as well as the landscaping around the fields, including lights, signs and fences. He said our complex could not compete with other towns to host tournaments while it was in the shape it was in. He said that the fields are always well maintained but other areas do not look as good. Mayor Davis suggested we ask businesses to sponsor a field or we could use 2% funds for this project. He asked Council to think about what they wanted to do and they could discuss it later.
The Mayor then conveyed his support to other municipalities that were hard hit by the recent flooding. He said he had asked Hardy Jackson what would have happened if the City had received 20 inches of rain. Hardy told him that the water would have backed up into houses through the plumbing. During the rains, we got 4.5million gallons at the treatment plant, which was 1million more than we normally get. The Mayor said he had been asked why we would not just fix the areas that flood. He informed the individual that the roads are owned by the State and not the City. He did commend the City workers on a great response in emergencies.
The City Manager began his report by following up on the hotel issue. He said he had received a call from Representative Jackie Hayes who said he had a contact with the hotel association and he would inform him of the City’s interest. Dillon County Economic Development Director Tonny McNeil also agreed to add it to his agenda. Next, concerning the recent rains, Glen said that FEMA was offering help to municipalities. He said our biggest problem is I and I, or inflow and infiltration. Glen said we were in the process of seeing if we could qualify for grant money to correct our inflow and infiltration problems.
Next, Glen reported that a resolution would be presented tonight to adopt policies and procedures for body cameras in the Police Department. Glen said the General Assembly and the Governor had signed a law in June that all police officers/deputies must wear body cameras. A Training Council was appointed to establish or come up with policies and procedures concerning body cameras. The Municipal Association of SC came up with guidelines for a policy which is what we have but this has to be presented to the Training Council for approval. Glen said this is a living policy, meaning it can change as needed.
The City Manager also informed Council of a State mandate concerning indigent defense costs. New legislation states that municipalities are responsible for these costs. An article in the MASC publication, Uptown, stated that 10.56 percent of every fine levied in municipal courts goes to fund public defenders in South Carolina; however, “the General Assembly included a proviso in this year’s annual budget that prohibits circuit public defenders from representing indigent defendants in municipal court unless the court and the public defender’s office have an agreement for services.” (Uptown, October 2015) Glen said the MASC offered four options: negotiate an agreement for indigent services with the circuit public defender; contract with an independent attorney for a fee or pro bono; remove the threat of jail time for indigents; or close the municipal court and negotiate an agreement with the county to have municipal cases tried in magistrate court. Glen said he and Jack McInnis will sit down with Public Defender Michael Stephens to discuss this more. Councilman Eller asked what we are doing now in these cases. Glen said we do not provide for this presently. City Attorney Jack McInnis said our hand has not been called on this yet.
The City Manager then directed Council’s attention to information that was included in their packet from the Board of Architectural Review. The BAR was dealing with an issue of two property owners who were in noncompliance concerning removal of trees from their property. A compromise had been reached that both owners agreed to; however, one owner now has presented a counter proposal. The BAR met again and decided to uphold the first agreement. Glen said the issue has still not been resolved and it may go to court. Mayor Davis asked if we tell property owners what type of trees they have to get or give them a list. Benny Genwright said that most times the owners submit a request and tell the BAR what they would like to do but, in this instance they did not follow the proper procedures so it complicated things. The Mayor said he did not want to make the process too restrictive but, he agreed that owners should follow the proper procedures.
Continuing his report, Glen informed Council that the Highway 301 bridge project may be postponed. He said a bid meeting was held on Thursday, October 15 for the City’s part to relocate the sewer line. The engineers had estimated the cost at $500,000. Glen said he would bring back more information in November. We had also been approved for an SRF loan in the amount of $490,000 with a 1.5% interest rate for this project. Next, Glen reported that a bid opening for upgrades at the Wastewater Treatment Plant would be held on October 20th. This was to upgrade the aerators and repair the catwalk. More information would be brought back in November.
Lastly, Glen reported that the Police Department was in need of some new vehicles since some of them were worn out. He said we have approximately $155,000 in the federal drug fund and approximately $100,000 in the state drug fund. Glen said we may also receive about one half of $400,000 in pending drug money. The City Manager said four (4) vehicles were needed at a cost of $128,000 – 3 Chevy Tahoe and 1 Dodge Chargers. Glen said he would like to purchase one each month over the next 4 – 6 months. Councilman Wallace expressed his concerns that we should not depend on the drug money for our needs since there is no guarantee that we will receive it. Glen and Janet agreed but said we can only use these funds for equipment/vehicles for the Police Department. Councilman Eller asked where the state drug money comes from. He was told it came from the local tickets that the officers write. Glen said that two (2) vehicles are out of service, a Dodge Charger from the interstate and an SUV in the detective unit. He also said we have one Charger that is very old and another old one on the interstate. After some discussion, Councilman Braddy made a motion to purchase two (2) vehicles for the Police Department at the greatest need and purchase two (2) more at the first of the year. Glen added that this would be the two (2) SUV’s at $31,500 each for a total of $63,000. Councilman Jackson seconded the motion and it passed unanimously.
Mr. Jim Adams of Double A Investments appeared before Council to express his concerns about the City’s business license requirement for owners of commercial property. Mr. Adams said he owns the properties that house Del Sol and Dominoes, which he considers a capital investment. He said the City gets 7.3% of his gross revenue and the County gets 26% all through property taxes. Mr. Adams said it left a bitter taste in his mouth that he had to pay a fee or business license to collect revenue when 33% already goes to the City and County. Councilman Braddy asked Benny if our business license requirement follows the state code. Benny said yes. Glen said that this ordinance has been in our books since the mid 1990’s. The City Manager gave an example based on $60,000 in revenues in which the business license fee would be $125. Mr. Adams asked how much revenue that fee brought in. Benny said he did not know since it was not separated from the other fees. Mayor Davis informed Mr. Adams that he understood his point but, this was the City’s policy. He said the Council could revisit this if they wanted to.
There was no citizen’s report and no unfinished business.
In new business, Resolution #07-15, adopting policies and procedures for body cameras for the Police Department, was presented for approval. Councilman Braddy made a motion to approve Resolution #07-15, with a second by Councilman Wallace. The motion passed unanimously.
Councilmembers’ Reports: Councilman Eller asked if the vacant businesses are responsible for the upkeep of the property if the business has been sold. He was referring to the former Shoney’s building and the old Sav-Way building. Glen said we would contact the property owners and the realtors, too. Councilman Eller then asked what the City could do to bring a nice restaurant chain to the area. Glen said he had heard that someone was looking at the property across from Burger King and also the old Shoney’s property. Economic Development Director Tonny McNeil said that first we would have to do an analysis of what citizens spend their money on and also look at land and other factors.
Mayor Pro-Tem Manning thanked the Police Department for the security that was provided on Saturday night. She then asked about the paving of the alley behind the Touch of Class hair salon.
Councilman Eller asked if businesses downtown were taking advantage of the façade grant. Maggie said this was ‘like pulling teeth.’
Councilman Wallace asked Hardy about the line on Harrison Street. Hardy said they were looking into it.
Mayor Davis made the motion to enter into an executive session for a personnel matter and economic development. Councilman Braddy seconded the motion and it passed unanimously. With the return to open session, Mayor Davis proposed to name a three (3) person committee of councilmembers to interview the final four candidates for the Municipal Judge position. The mayor selected Johnny Braddy, Johnny Eller and Connie Manning to serve on the committee. The committee along with the City Manager will interview the candidates and bring a recommendation back to the full Council for consideration. With no other business to discuss, Councilman Wallace made a motion to adjourn, with a second by Councilman Jackson. The motion passed unanimously and the meeting adjourned at 9:00pm.