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Commission Minutes

GREENWOOD METROPOLITAN DISTRICT

MINUTES OF THE January 10, 2007

Regular Meeting

The regular meeting of the Greenwood Metropolitan District Commission was held Wednesday, January 10, 2007 at 3:00 p.m., in the Board Room of CPW - Greenwood Metropolitan District Administrative Office, 121 West Court Avenue.

In attendance:

Bob Haynie                              Roy Hemphill

Michael G. Monaghan              Paige Holley

Byron Smith                             Marsha Meyer

Henry Watts                             Jamie Peeler

Richard Coleman                      Steve Pohlman 

George Martin                          Brian Waldrep

Marion Boone                          Bradley Kinard

Daniel Clark                             Jeff Smallwood

Wayne Daniel                           Bill Weeks

Richard Gentry

I.              Chairman Haynie called the meeting to order and George Martin gave the invocation.

II.           Chairman Haynie gave the statement of compliance with the notification provision of the Freedom of Information Act.

III.         Maxwell Avenue Sewer System Improvements

Bidder                                                  Amount

Chandler Construction Services, Inc.     $447,935.00

Tom Brigman Contractors                     $623,150.00

Town & Country Construction  $920,075.00

IV.        Staff will review the bids to assure compliance with the specifications.  If the bid is in compliance, the bid will be awarded to the apparent low bidder, Chandler Construction Services, Inc. at the next Board Meeting.

V.           Commissioner Smith moved and Commissioner Watts seconded the motion that the minutes from the November 29, 2006 Rate Consultant Meeting, November 29, 2006 Regular Meeting, December 13, 2006 Show Cause Hearing and the December 13, 2006 Regular Meeting be approved as mailed.  The motion was approved.

VI.        Monthly Financial Reports

1. The monthly financial reports were reviewed.  Manager Coleman stated the income amount is over the budgeted amount.  Some months we are over budget and other months we are under budget.  Right now Metro does not see anything that is concerning us.

2. Chairman Haynie asked why Metro is under on property tax for this time of year; this time of year Metro should be ahead.  Manager Coleman said the tax money comes to zero for this year.  Manager Coleman said the new property taxes for this year went out as zero millage.  The budget had projected a millage for this year.  Chairman Haynie said this is based on Metro’s anticipated property revenue for the current tax year.  Manager Coleman said Metro calculates on a fiscal year where as the tax year is the calendar year.  When the tax bills were issued in October there was no more tax millage going out for the remaining year.  The only collecting that was left from the previous year, was from personal property.  Commissioner Monaghan said he was under the impression that the tax bill was for 2006.  Manager Coleman said it is the bill that is actually mailed in October.  Chairman Haynie said the property tax is for 2006.  Commissioner Monaghan said there should have been millage on the tax bill for 2006.  Manager Coleman said the tax bills that the County sent in October 2006 had zero millage for Metro.  Commissioner Monaghan asked if that was right.  Manager Coleman said when Metro was budgeting the millage we did not know that was going to be the case.  Metro budgeted a normal collection amount for the tax millage.  Commissioner Monaghan asked when will the tax millage start again.  Manager Coleman said next year (October 2007).  Commissioner Monaghan asked what does that mean.  Manager Coleman said that about 75% of the taxes are collected in December/January which is the middle of our fiscal year.  Commissioner Monaghan said he thought the tax bill that he received in October and paid in January was for taxes in 2006.  Chairman Haynie said that is correct.  Commissioner Monaghan thought the zero millage was for 2007 not 2006.  Chairman Haynie said the County would not allow Metro to levy any millage for 2006.  Manager Coleman said that in 2007 - 2008 everything would be back to normal.  Commissioner Monaghan asked for all of 2007.  Seventy-five percent of Metro collection takes place in December and January for what is billed in October.  Metro receives a smaller percentage in the other months.  Commissioner Monaghan said he is confused on what month does that represent.  Commissioner Monaghan asked when they say zero does that mean it went back to last January; that there were no taxes from January through December.  Mr. Hemphill said the tax office assess taxes based upon ownership of property as of December 31^st of the prior year.  Chairman Haynie said the taxes are billed for the current year.  Mr. Hemphill said the people who are billed as of October 1, 2006 are for people who own property in 2006.  Mr. Hemphill said Metro’s taxes are based upon on whether Metro needs money to pay the GO Bonds.  Commissioner Monaghan said that he understands all of that.  Commissioner Monaghan is trying to understand when the next tax revenue comes to Metro.  Chairman Haynie said that Metro gets a little bit monthly off of personal property; the millage levy is against personal property as well.  The major amount Metro’s receives is from the real property which is billed once a year.  Mr. Hemphill asked about fee-in-lieu.  Manager Coleman said it will be collected.  Chairman Haynie said when Metro found out we could not levy any millage this year, Metro had already budgeted $1.1 million for bond principle and interest for this fiscal year.  Chairman Haynie said the negative variance is showing against the fact that we budgeted to have the money in there.  Manager Coleman said Metro has been collecting from the previous year’s taxes and the personal property taxes.  Chairman Haynie asked if the fee-in-lieu tax comes in at the same time as the real property tax.  Manager Coleman said Metro receives an amount that is collected month by month.  Commissioner Monaghan asked if Metro could adjust the budget so that it is meaningful.  Chairman Haynie said Metro may want to keep that information for when we address this issue with the County.  Commissioner Monaghan wanted to know what date will Metro receive the next tax influx.  Manager Coleman said it will be in December/January of 2007/2008.  Commissioner Monaghan wanted to know if Metro is going to add $1.2 million in the budget when we work on the budget for next year.  Chairman Haynie said we will include whatever the amount is for principle and interest payments.  The County will levy millage accordingly; they will bill it in October 2007.  Commissioner Monaghan stated that he did not realize Metro receives tax millage not just from property tax.  Chairman Hayne said it is because the tax is an ad valorem and it goes on real and personal property.  Commissioner Monaghan wanted to know how much Metro expects from the taxes.  Manager Coleman said he does not have an itemized list from the treasurer’s office separating the amounts like that.  In the past, Metro has looked at what was collected from month to month and prorated over the next fiscal year.  Chairman Haynie said the County can provide that information to Metro. 

3. Commissioner Watts had a question on page 26 of the report regarding the ending balance, should the amount be $39,000 instead of $36,000.  Manager Coleman said it looks like it should be $39,000.

4. Commissioner Monaghan wanted to know if Metro is earning any interest on the revenue bond proceeds.  Manager Coleman said Metro is earning interest, but he did not know the exact amount.  The money is invested in a separate construction account.  Metro takes the amount of money we receive and projects when the payments are to be made.  Commissioner Monaghan requested for Mrs. Grogan to send him an email on how the payments and investments work for the revenue bond.  Commissioner Monaghan wants to make sure Metro is earning enough interest.  Manager Coleman said that Greenwood Capital handles the revenue bonds and the County handles the general obligation bonds.

5. Commissioner Watts wanted to know if the amount on page 32 of the report regarding the revenue bond proceeds distribution should be $241 or $4,241.  Manager Coleman said the amount should be $241.

6. Commissioner Monaghan asked for Mr. Martin to have the check register separate.  Mr. Martin said he will do that for the next packet.

7. Commissioner Monaghan wanted to know which employees have a company credit card.  Manager Coleman said that he, George and Marsha are the only employees with a company credit card.

8. Commissioner Monaghan asked if Metro has a Lowes credit card.  Mrs. Meyer said that Lowe’s is actually an accounts payable account and the employees just have a card stating they are employed with Greenwood Metropolitan District. 

VII.      Service Reports

a.       Commissioner Watts noticed that Metro has collected $9,000 in fees from Stoney Point, but Metro has spent $41,000.  Chairman Haynie stated the expenses have decreased each month and wanted to know if that is a new trend.  Mr. Daniel said he hopes it is a start of a trend.  Mr. Daniel said they have done the majority of the preventative maintenance work.  Commissioner Monaghan asked what new sub-divisions are supposed to come on and start paying their monthly fees.  Mr. Martin said Harborside.  Commissioner Monaghan wanted to know how many houses.  Mr. Martin said initially there would be around 25 to 30.  Commissioner Monaghan stated that Metro is charging Puckett’s Ferry for problems.  Mr. Martin said the only thing that Metro maintains are the force main in the public right-of-way and the main pump station in Puckett’s Ferry.  Commissioner Monaghan asked if Metro maintains the grinder pumps.  Mr. Martin said we do not.  Mr. Martin said the Commission needs to be aware of letters sent to homeowners whose pump tanks were above the floor level in the house.  Metro wanted to make them aware of this and stated that Metro is not responsible for any damage it could cause.  Commissioner Monaghan wanted to know what is Metro’s liability on something like this.  Mr. Hemphill said that it was good for Metro to send letters so if there is any type of mechanical feature they could add to their service line to remedy the situation, the homeowner is on notice to do that.  Mr. Martin said the homeowner will have to move their tanks.  Commissioner Monaghan wanted to know if there is a back flow preventer for this type of situation.  Mr. Martin said no there is not.  The developer has agreed that before he installs a grinder pump Metro will designate where the pumps go.  Commissioner Monaghan wanted to know what would happen if ownership was to change.  Mr. Martin said the owners would be responsible for notifying the new owners of the problem.  Mr. Hemphill said the best way to give notice to someone is to have a record at the Court House.  Chairman Haynie asked if this is something the homeowner would have to put on the property disclosure.  Mr. Hemphill said now that a letter has been sent to the owner they would have to.  Chairman Haynie stated that if the homeowner did not and the new owner had a problem, they could take action against the homeowner who sold the property.  Mr. Martin said that the homeowners that have received the letter have acknowledged that this is a disclosure issue if they want to sell the house.  Commissioner Monaghan asked if we still need to record something at the Court House.  Mr. Hemphill does not believe that Metro needs to do that.

b.      Commissioner Monaghan asked if the contractor was finished at Bailey Circle.  Mr. Martin said no.  Commissioner Monaghan asked if there is a penalty for not finishing the project within the specified time frame.  Mr. Martin said it was $800 per day.  Commissioner Monaghan asked if Metro was charging the contractor.  Chairman Haynie asked how far the contractor was over.  Mr. Boone said the contractor will be over 100 days past due before the contract is finished.  Commissioner Watts asked if the work schedule has improved.  Mr. Martin said the contractor is not worried about it.  Commissioner Monaghan asked if the contractor realizes they will be charged.  Mr. Martin said the contractor signed the contract.  Mr. Hemphill asked if there is some retainage in the contract.  Mr. Boone said Metro holds 10% of the contract price as retainage.  Mr. Martin said the contractor has not submitted a final pay request.

c.       Mr. Daniel explained some pictures that were taken at Ware Street. 

VIII.   Report from the Partnership Alliance

The next meeting will be held on January 22, 2007 at the Inn on the Square at 7:00 pm. 

IX.        Bond Seminar

The bond seminar will be held on Thursday, January 18, 2006 at 9:00 am.  The location will be determined. 

X.           Medical Insurance Reserve Increase

Manager Coleman said CPW and Metro tries to keep a $250,000 reserve.  When the reserve drops below that amount we need to add money to bring it back to that amount.  Metro’s portion will be $33,651.38. 

Commissioner Monaghan moved and Commissioner Smith seconded the motion to add $33,651.38 (Metro’s portion) to the insurance reserve fund.  The motion was approved.

XI.        Chairman Haynie asked if anyone has received any feedback on the public hearing notices.  So far no one has not received any feedback.  Commissioner Monaghan stated that he did not understand the advertising schedule.  Mr. Martin said it was advertised three times.  Mrs. Holley said it was advertised on December 29^th, January 7^th and January 10^th.  Commissioner Monaghan wanted to know what is the requirement for advertising.  Mr. Hemphill said ten days prior to the hearing.  Mr. Martin said Metro goes above and beyond the requirement. 

XII.      With no further business, the meeting was adjourned.