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Commission Minutes

GREENWOOD METROPOLITAN DISTRICT

MINUTES OF THE February 13, 2008

Regular meeting

 

The regular meeting of the Greenwood Metropolitan District Commission was held Wednesday, February 13, 2008 at 3:00 p.m., in the Training Room of Greenwood Metropolitan District Technical Service Facility, 110 Metro Drive.

 

In attendance:

Commissioner Bob Haynie, Chairman            George Martin             Marsha Meyer

Commissioner Byron Smith, Vice Chairman    Marion Boone            Bill Moore

Commissioner Gene Hancock, Secretary        Daniel Clark                Jamie Peeler

Commissioner Michael G. Monaghan             Wayne Daniel             Jimmy Pinson

Commissioner Henry Watts                            Ken Davis                   Steve Pohlman

Commissioner Tim Burke                               Gayle Grogan              Brian Waldrep

                                                                      Roy Hemphill              Mark Warner

                                                                      Paige Holley                Jay West

                                                                      Dickson Lee

 

 I.            Vice Chairman Smith called the meeting to order and Mr. Martin gave the invocation.

 

II.            Vice Chairman Smith gave the statement of compliance with the notification provision of the

          Freedom of Information Act.

 

 III.            Request from Mr. Dickson Lee to address the Board

Mr. Dickson Lee lives at 950 Eagles Harbor Drive in Eagles Harbor Subdivision.  Mr. Lee stated he was here to address the Board on the method that is being used by the Eagles Harbor Homeowners Association to annex Eagles Harbor into the Metro District.  Mr. Lee said there is an estimated 214 lots and 62 of the lots were denied a septic tank permit by DHEC.  He said “denied” does not mean they cannot have a septic system; it just means they are very costly to install.  For example a gravity septic system might cost $5,000 where as an engineered septic system runs between $15,000 to $20,000.  Mr. Lee said there are a number of lawsuits pending (lot owners against the developer, the developer against DHEC, lot owners against DHEC).  Eagles Harbor Homeowner Association sent out a simple ballot out to every lot owner regardless of where they live.  Mr. Lee said of the 214 lots, 25 lots are occupied.  He said there are houses there, but only 2/3 of those are occupied.  The rest are summer homes.  Roughly 15 to 20 lots are occupied during the full year.  The ballot that was sent out had a two part question.  The first question wanted to know if the homeowner wanted to be annexed into the Metro District.  The second question was does the homeowner want to be part of a special tax district which would be responsible for some of the funding of the purple (trunk line) and green lines (collection line).  Mr. Lee said according to code 1976-4-9-3 there are three ways to set up a special tax district.  Mr. Lee stated he would not discuss the third way because it regards bringing in an entire county.  He said the first way is to have 75% of the freeholders voting that have 75% of the property by asset value will have to agree to be brought into the special tax district.  He said the other way is 50% plus 1 of the electors would have to bring it in.  Mr. Lee said the problem is the Homeowners Association has confused those two ways.  He said they have said the results of the total number of ballots they received back if 50% plus 1 would constitute a majority and the subdivision would be annexed into the Metro District.  Mr. Lee said that is incorrect.  He said that would only apply if there is an election held by the election board in Greenwood after being petitioned.  Mr. Lee said with only having so few people living there full time it would mean around 40 residents voting because an elector is one who lives within the district and is a registered voter.  A freeholder is somebody who owns property within the proposed district.  Mr. Lee said a freeholder can be outside the State, but someone has to take the responsibility to make sure the ballots represent over 75% of the asset value for the yes votes and that 75% of that number has voted.  Mr. Lee said because of the mix up of the two ways to join the District and the special tax district he suggested the results from the election be rejected.  Mr. Lee gave Mr. Martin several copies of documents he had received on this particular matter.  Commissioner Monaghan inquired if Mr. Lee was in favor of annexing into the Metro District.  Mr. Lee replied he was not in favor.  He said he would not benefit from it and it would put a lien on his property.  Mr. Lee said the letter that tells how the election will be judged came from Mr. Andy Popoli.  Mr. Popoli is the spokesperson for the Homeowners Association regarding annexation into the Metro District.  Commissioner Monaghan inquired as to why a lien would be placed on the property.  Mr. Lee replied because it would cost each property owner $7,500 (before interest) to install the sewer system.  Commissioner Hancock said he is talking about the special tax district.  Commissioner Monaghan said getting annexed into the Metro District is not the problem.  He said the problem is getting the funding to get the sewer to Eagles Harbor.  Commissioner Watts wanted to know the position of the 62 lots that were denied.  Mr. Lee responded that nobody currently knows.  Mr. Lee said there are two people that have had problems with their system.  One of the problems was from an improperly installed system and the other was from drainage.  Commissioner Hancock asked if Mr. Lee lived right on the water.  Mr. Lee replied yes he does.  Commissioner Hancock wanted to know if Mr. Lee had a regular septic system.  Mr. Lee said he has a regular septic system.  Commissioner Hancock asked if Mr. Lee thought the tank might leak into the lake.  Mr. Lee responded no, not at all.  He said he has read some reports that say up to 70% of the liquid that goes into a septic fields goes up not down.  Mr. Lee said he believed that all tanks by code have to be 100 feet from the edge of the lake.  Vice Chairman Smith thanked Mr. Lee for coming and stated the Board will take his request as information.

 

 IV.            Bids for three service trucks

Bidder                         Bid Amount 1             Bid Amount 2 (2 vehicles)

Ballentine Ford           $34,884                       $37,556 (unit) $75,112 (total)

Burns Automotive      $33,890                       $35,290 (unit) $70,580 (total)

 

Burns Automotive has the State Contract.

 

Commissioner Monaghan wanted to know what type of vehicle is for Bid 1.  Mrs. Meyer said all vehicles are Ford F350 or equal, but the service body style is different for Maintenance and Collections.  Commissioner Monaghan asked Mrs. Meyer to describe the vehicle for Bid 2.  Mrs. Meyer said the vehicles are service trucks that will be used by the Collections System Department.  Commissioner Monaghan asked if the vehicles will have tool boxes on both sides.  Mrs. Meyers said they are service trucks with cab and chassis and then a special utility body on the back which will have storage areas and an open center.  Commissioner Monaghan inquired about the vehicle for Maintenance.  Mrs. Meyer said it is the same except they will also have ladder racks. 

 

 V.            Bids for an Amphibious off-road vehicle

Bidder                                     Bid Amount

AL Walker Industries             $17,062.44

Bost Argo ATV Sales             $17,181.55

Eastcoast Powersports                        $17,433.48

 

Mr. Martin said this is an off-road, all-terrain vehicle which will allow Metro to carry men and equipment to manholes that are not presently assessable because of flooded rights-of-way.  Commissioner Monaghan wanted to know the difference between the numbers given by Eastcoast Powersports.  Mrs. Meyer said she believes it is the base unit price and the other price is with all of the options Metro specified. 

 

 VI.            Bid for a sewer pipe inspection push camera

Bidder                         Bid Amount

Electric Eel                  $7,999

VCam                          $7,190

 

Vice Chairman Smith stated staff will review all bids to insure they are in compliance.  A recommendation will be made at the next meeting. 

 

VII.            Commissioner Monaghan made a motion to approve the January 9, 2008, minutes as mailed;

            Commissioner Hancock seconded, and the motion was unanimously approved.

 

VIII.            Service Reports

a.       Collections Systems

Commissioner Monaghan noted it appears Metro is having some problems with the LMI grinder pumps.  Mr. Daniel said the contractor had a problem with the tanks that they installed.  He said one of the problems was a switch was turned to the “off” position; another problem was due to the float being stuck.  He said the last problem was a service line problem.  Commissioner Monaghan said according to the Low Pressure System Maintenance Chart on page 44, the $12 grinder pump rate is aligned with the grinder pump charges.  Chairman Haynie reminded the Board that the start-up expenses were removed from the total expense reported.  He said the rate is keeping up with the existing on-going maintenance.  Commissioner Hancock noted that Metro would be reviewing the rate once a three year history was established.

 

b.      I/I Abatement

Commissioner Monaghan wanted to know some of the details of the sewer work for Tech-Wood.  Mr. Martin explained there is an 8 inch sewer line that Chandler Construction is installing for Tech-Wood.  Commissioner Monaghan asked if Metro was having a problem with Meetze Plumbing.  Mr. Martin said Metro was having problems with them but believes the problems have been resolved.  Commissioner Monaghan commented that a resident from that area reported to him that Meetze had a pipe in the middle of the road that was higher than the road.  This resident said instead of cutting the pipe level they were using a backhoe to drive the pipe into the ground.  Mr. Boone said the resident could be referring to the installation of a gate post.  Commissioner Monaghan inquired if the person could be referring to the post for the alarms.  Mr. Boone said the posts are cemented in the ground.  Chairman Haynie wanted to know how much longer it will be before Metro can close the project.  Mr. Martin said Metro hopes to close the project on Friday, February 15, 2008.  Chairman Haynie asked if Metro will be penalized if the grant is not closed within a specific timeframe.  Mr. Martin said he talked to Mrs. Ruth LaForge yesterday and the plan is for the project to be closed on Friday and Metro will pay their portion of the project by March 10th.  Chairman Haynie noted per the report the contract is over 120 days from the scheduled completion date.  Mr. Martin said Metro is over the grant period as well.  Chairman Haynie asked if there are liquidated damages on this project.  Mr. Martin responded yes, and the amount is $800 per day.  Commissioner Monaghan said he did not think the issue was resolved on charging the LMI residents $12 per month for the grinder pumps and whether it would affect Metro obtaining more grants.  Mr. Martin said this was discussed at the last meeting.  Commissioner Monaghan said the issue was not resolved.  Commissioner Burke said Metro cannot offer separate rates.  Commissioner Monaghan said sure Metro can.  Chairman Haynie said he does not believe that Metro has been legally advised that they can offer separate rates.  Commissioner Monaghan asked for Mr. Hemphill to look into this issue and report back to the Board at the next meeting.  Commissioner Monaghan said he thought when Metro made the presentation they informed the LMI residents that it would not cost the $12 grinder pump fee.  Mr. Martin said when Metro made the presentation; they did not have a $12 grinder pump fee.  The rate at the time of the presentation was from 2004.  Metro informed the residents at that time that these were the current rates.  Commissioner Monaghan wanted to know what Mrs. LaForge position on this issue was.  Mr. Martin said Mrs. LaForge did not want to see a $12 grinder pump fee charged.  Commissioner Monaghan noted on the bottom of page 25 it says “that GMD will pay for the cost of replacing the trunkline”.  He wanted to know who decides that GMD will pay to replace the trunkline.  Mr. Martin said this is the Spring Street Project and the Board will decide.  Commissioner Monaghan asked if the Board decided to pay for the project.  Mr. Martin replied no, the Board has not decided.  He noted the project is in the design phase.  Mr. Boone said it is the Genetic Center Line that Metro has been discussing for a few years.  Commissioner Monaghan asked if it is the line that Mr. Anderson is installing.  Mr. Boone said this project has nothing to do with the Anderson line.  Mr. Waldrep said this line is in the long range plans.  Mr. Martin said it is identified as the Spring Street Sewer Project in the Long Range Plans.  This project starts at the manhole on Spring Street.  Commissioner Monaghan asked if this is replacing an existing line.  Mr. Martin replied yes, it is.  Commissioner Monaghan referred to page 28 of the packet where Metro is having a hard time getting As-Built from contractors.  He reiterated that correspondence should be in writing.  Commissioner Hancock asked if Metro charges to perform smoke and dye tests.  Mr. Martin responded Metro does not charge for these test.  Chairman Haynie asked if the people thought they were not connected but were paying for sewer.  Mr. Boone said a lot of instances arise when the owner is selling the house.  The owner has to prove whether or not they are connected to sewer. 

 

c.       Wilson Creek

Commissioner Monaghan wanted to know how serious the problem with filamentous bacteria is.  Mr. Pohlman responded he has ordered 10 more 150 pound cylinders of chlorine and said the filamentous bacteria are currently under control.  Commissioner Monaghan inquired if Metro will get into a situation where they could be fined.  Mr. Pohlman said the plant is currently maintaining its permit limits. 

 

 IX.            Action Items

a.       Flow Monitoring

Staff recommends the overall low bidder, Frazier Engineering, be awarded the contract. 

 

Commissioner Monaghan made a motion to award the flow monitoring bid to Frazier Engineering; Commissioner Smith seconded, and the motion was unanimously approved. 

 

b.      Consideration of relocating a collection line at Capsugel

Chairman Haynie asked why should Metro pay to have this line relocated.  Mr. Martin said that Metro is not suggesting that GMD should, but we are just informing the Board of the situation.  He said the question in the Management Letter was who will pay for the relocation.  Chairman Haynie asked if there is a reason why staff should think that Metro should pay.  Commissioner Hancock said there are some grants that Capsugel could apply for to offset the cost.  Mr. Jay West of the Economic Alliance of Greenwood said the distribution center for Capsugel has to be located in a particular way due to the configuration.  Mr. Martin informed Mr. West that the Board has a copy of the drawings.  Mr. West said Capsugel is under a time limit to get the distribution building built.  He said they (Economic Alliance) told Capsugel they would follow up with Metro on moving this line.  Mr. West has spoken to Manager Coleman and was told by Manager Coleman that he (Manager Coleman) would need to bring this to the Board for their recommendation.  Mr. West said this building is the distribution facility and will maintain 25 – 40 employees.  Capsugel could not understand why the current sewer line was installed the way it was.  Chairman Haynie said the relocation of the line is not in the budget for Metro.  Commissioner Monaghan wanted to know the cost of relocating the line.  Mr. Martin responded the estimated cost is $65,750.  Commissioner Hancock asked if there were any State monies for relocating the line.  Mr. West said there may be some Rural Infrastructure Money.  Commissioner Hancock asked if Metro was to relocate the line could they get refunded for the cost.  Mr. West said he will make no promises without talking to his Board.  Chairman Haynie wanted to know the timeline for this relocation.  Mr. West said the contractor asked him to talk to Manager Coleman about the possibility of the contractor going ahead and moving the line if Metro would pay the cost.  He said the contractor is pouring footings in the back for the building.  Commissioner Monaghan wanted to know if Metro has ever done anything like this before.  Mr. Martin said to his knowledge Metro has never done this before.  Commissioner Monaghan inquired if Mr. West has asked the County for the money.  Mr. West said no, it would be fruitless at this point.  Chairman Haynie asked Mr. Hemphill if Metro can legally move the sewer line and not charge Capsugel.  Mr. Hemphill said legally he is not aware of any prohibition, but he will research this issue.  Chairman Haynie said he believes Metro should first know the legality of this issue before a decision is made.  Commissioner Burke said Metro is not servicing a new area; they have been asked to replace an existing line to benefit a company.  Chairman Haynie said it is not like Metro is extending a line to get a return on it.  Commissioner Burke said Metro has been asked to relocate a line that has already been paid for.  He said the line that was installed there was privately paid for.  Mr. Martin stated that it is a public sewer line not a private sewer line.  Commissioner Smith asked Mr. West for a timeframe for when the footings will need to be poured.  Mr. West responded the contractor has already poured some of the footings.  Commissioner Watts said the contractor needs the line to be moved.  Chairman Haynie asked for Mr. Hemphill and Mr. Martin to research the legality of this issue and provide the Board with their information via email and mail.  Mr. West inquired if Capsugel was to receive money for the line what would the timeframe be for moving it.  Commissioner Monaghan said for Mr. West to inform Mr. Martin and the Board will act on this issue.  Chairman Haynie said the Board would have to receive bids for this project.  Mr. West inquired if this meant months.  Mr. Martin said to get everything ready and bid would take two to three months.  Chairman Haynie inquired on the size of the line.  Mr. Martin said it is an 8 inch line.  Commissioner Burke said it is 690 linear feet of 8 inch pipe.  Chairman Haynie asked if Metro approved this action tonight how quickly could Metro start this potential project.  Mr. Martin responded Metro could start tomorrow but realistically it could take 90 days.  Chairman Haynie wanted to know who planned the Capsugel building project.  He said Metro should not speed up their process due to someone’s lack of planning and foresight.  Commissioner Smith asked Mr. West what was the timeframe for Capsugel.  Mr. West replied the contractor asked Mr. West to ask Manager Coleman if they (the contractor) could go ahead and move the line if it was approved.  The contractor would take the responsibility for moving the line if they were awarded the cost of moving the line.  Chairman Haynie responded that would mean no competitive bidding, no best price and Metro is paying the premium for that line.  Mr. West said the way Manager Coleman articulated to him was it would be up to the approved estimate or the actual cost for Metro.  Mr. West asked for some time to pursue the Rural Infrastructure Fund money.  Chairman Haynie said the Board will wait to hear from Mr. West on the Rural Infrastructure Fund money. 

 

c.       Consideration of TV Software Upgrade

Chairman Haynie inquired if this was a budgeted item.  Mr. Martin replied no, it was not.  He said this item is not working properly and Metro will need to obtain the updates.  Mr. Ken Davis of CPW IT Department said Metro has been using this system for awhile without doing any major upgrades.  Metro is at the point now where drastic changes are needed to the software.  The software provider is saying in a couple of months the software Metro is currently using will be obsolete and will not be supported by the software vendors.  Mr. Davis said the underlying database will be changed to a different format.  Metro is at the point where they will need to do the upgrade.  Mr. Davis said Metro will have to upgrade the software and hardware.  Metro has two systems in the offices that are used for editing and data storage.  The computers in the TV trucks (hardware) will need to be replaced due to their harsh environment.  Mr. Davis has been in contact with some of the references provided and they are very pleased with the new software. 

 

Commissioner Monaghan made the motion to approve the TV software upgrade expense of $10,000 (less shipping cost); Commissioner Hancock seconded, and the motion was unanimously approved. 

 

d.      Consideration of paving costs on Cambridge Avenue Project

Mr. Martin said this is a reduction from bid unit price.  He said it is about a $45,000 savings.  Chairman Haynie said it is a savings but the amount was included in the original unit price in the contract.  Mr. Martin said yes, that is correct. 

 

Commissioner Hancock made a motion to approve the paving cost for the Cambridge Avenue Project; Commissioner Smith seconded, and the motion was unanimously approved.

 

 X.            Old Business

a.       Ratify Hunter’s Creek Pump Station Repair

Chairman Haynie said staff was able to obtain two prices for the repair.  Commissioner Hancock asked if Metro could not have performed the repair.  Mr. Martin said Metro did not feel very comfortable doing the repair.  Commissioner Hancock asked if Metro has the equipment to do this type of repair.  Mr. Martin said yes Metro has the equipment, but he is not sure if Metro had the skills to do it.  Commissioner Monaghan wanted to know what the limitations were.  Mr. Daniel said they would have to demolish the pump station foundation.  He said GMD has never done this before.  Commissioner Monaghan asked if Grace Utilities was the firm that Metro had a problem with cutting the gas lines.  Mr. Martin replied Chandler Construction was GMD contractor on that job and Grace Utilities was a sub-contractor to Chandler.  Commissioner Monaghan asked if there was ligation involved.  Mr. Martin responded he did not know. 

 

Commissioner Monaghan made a motion to ratify the Hunter’s Creek pump station repair; Commissioner Smith seconded, and the motion was unanimously approved.

 

b.      Asset Management Policy

Commissioner Monaghan will meet with Mr. Martin and Mrs. Meyers on his recommendations.  A revised Asset Management Policy will be presented at the next meeting. 

 

c.       Technical Service Facility (TSF) Expansion Update

Mr. Moore said the request for bids was advertised Sunday, February 10, 2008, in the Greenville News, The Index Journal and The State newspapers.  He handed out a revised schedule.  The mandatory pre-bid meeting is scheduled for Wednesday, February 27, 2008 at 10:00 am at TSF.  The bids will be received on March 12, 2008 at 3:00 pm.  There is an official set of plans at TSF.  Commissioner Monaghan asked if it is customary to have a penalty for failure to finish the project on time.  Mr. Moore responded the penalty is $500 a day. 

 

 XI.            Miscellaneous Administration Matters

a.       Partnership/Economic Alliance

Commissioner Monaghan asked Mr. Jay West if the Tech-Wood Project was a definite.  Mr. West responded that machinery has been ordered.  He said they received a report saying Tech-Wood is submitting invoices on the State grant for the machinery.  Commissioner Hancock asked Mr. West to give a report from the Partnership.  Mr. West said they are expecting three to four announcements over the next several months.  He said there are five retail box stores going between Old Navy and the Fairfield Inn.  It should provide around 200 lower paying jobs.  They have received a verbal commitment for a project estimated to be around a $14 million investment with 100 – 150 jobs.  This particular project is asking to be annexed into the City.  There is an additional $20 -$25 million for a second facility.  Mr. West informed the Board of “Project Phoenix” which is an $800 million investment plus two $40 million plants and a total of 300 jobs; the average starting pay will be over $20 an hour.  Mr. West said a study is being conducted to see if it is economically cost effective to four-lane Highway 25 toward Augusta. 

 

XII.            Commissioner Hancock made a motion to go into Executive Session to receive legal advice;

            Commissioner Watts seconded, and the motion was unanimously approved. 

 

XIII.            The meeting returned to open session.  No action was taken during executive session.

 

XIV.            Arbitration Agreement

 

Commissioner Smith made a motion to approve the arbitration agreement as presented; Commissioner Hancock seconded, and the motion was unanimously approved. 

 

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

 

 

 

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