board. Congratulations. Come down. Freedom in accordance with the freedom of information on the front door. We've got Mr. >> We have one public hearing this evening or number motions. Any further discussion? >> Yes. We have one public hearing this evening to consider ordinance number 2510 amending the city's zoning map by reasoning approximately 2.7 acres of land from we've covered this item several times. This is the parcel in question here 701 checks. Um these are some adjacent views from the parcel itself. There's a lot of different zoning in this area. You can see R7 in the purple R4 in the yellow. So there's R3 yellow colored land use here. Staff recommended approval of this one and planning commission recommends approval by 72 vote. If you recall, this was the parcel where um the lots are a little bit smaller than the lots are a little bit smaller than what's typically do have that one adjust. property. I think the following discussion at the planning commission level was that you do have these smaller rights here right here already and you also are here as well. >> All right. Anything else? public hearing. Is there anyone wishing to speak in favor of ordinance number 25-10? Is there anyone that wish All right. Anyone wish to make a motion? I'd like to make a motion to consider orders number 25 city of office number four by Mr. just clarify that. >> Sure. >> And your question is all right. I think I know on a much smaller scale. If there is no further discussion, all in favor of or Mr. Are you approved or >> I still unosclam tonight for world pancreatic cancer. I don't believe there's anybody here representing that red sher. have a proclamation for world pancreatic cancer day whereas in 2025 an estimated 67,4 people will be diagnosed with cancer in the United States and 51,98 will die and pancreatic cancers the third leading cause of cancer death in the United States and projected leading cause around and whereas pancreatic cancer is the only major relative and whereas symptoms of pancreatic cancer symptoms and 90% of pancreatic cancer patients and approximately 820 will occur in South in 2025. And whereas cancer is the second most cause of cancer related across the world. and whereas there were an estimated 510,923 and whereas the health residents of Greenwood are enhanced awareness about the symptoms and risks of pancreatic cancer research into early detection positive and effective treatments. Therefore, And now therefore I may declare November 20th as world. items on tonight. The first number to amend our zoning map by resetting approximately 1.13 acres of land located at 1010 Coleman Drive from R10 to DC first. You want to come up and cover this? >> Sure. This fronts on drive it backs up to our place which fronts on knows where it is and you can see that he owns the proper mostly the one that owns this property. He owns the property just to the north which is a warehouse. Um even though it doesn't zoning there but it's historically been that way. It's quite but um we supported this because it future landings did show it as commercial. And I think we talked about this with one about a block over where they resigned a portion that was directly adjacent to one that was half of it was commercial, half of it was res. But that entire area moving back toward future land use as I don't think we have any official documents, but they've been it's been occupied for years that way. Um, so we wouldn't make them stop. Now, if it were to become vacant for a period of time, then they would lose that ability to come back and restart it. And I've got a similar situation in the county right now that I'm dealing with. So, as long as you keep occupying them, but you can see that's future land use map there. You can see up in that top corner, all of that pinkish kind of salmon color is commercial and that golden rod is the residential. He he does understand that he can't do the small he just threw out there that he might do mini storage. I think he just wants to be able to develop it commercially. Um but he does understand that that will work. So he may do something similar to what he's done around the corner on cross street connector and build a building that has General actually in the process right now the planning commission have been looking at um we were asked to look at all of the light industrial and warehousing parcels in the city and there are a number that are out there that do not require it for what's there and hasn't been light industrial in quite some time. This may be something that we want to consider um like in in different stages. If you have a certain number of mini warehouses and it's all contained and fenced and screened, it may be allowed in general commercial. But if it's going to be a large scale project, then you would want to have it in a light industrial warehouse. That's one of the discussions we may end up having. >> No, not for sure. We couldn't hold him to if he came in and said he was going to do one thing. We can't hold him to it. He doesn't want to build apartments. That's the long and short. residential high density. All in favor of number 25. >> Yes. Approve. Our next new business item is to consider ordinance number 2521 amending the city zoning maping approximately 43 acres of land located at 114 Addison Avenue from RM720. Mr. Mayor, this is a great example of discussion we just had a moment ago about grandfathering. This property was developed as a garage in the late 60s. Um the owner sign said that a lot of the residential that surrounds it now has not been built yet when this first took off. So they have come back and they've asked to resone it so that they can reestablish the garage not so the garage is used but the commercial building. So if you look at it in your packets you talk you can see the building that's there. It's well kept it's in good shape. And I think they have an HBA company that wants to go in there. The concern that we had as that everything surrounding it in every direction is residential. Future land use is residential. Um it doesn't even have adequate access for any commercial use. You have to go back if you know the neighborhood at all. You have to wind back in there to get to it. One of my planning commission members lives in the neighborhood. So I'm pretty familiar with but um We could not support it for those reasons. You can see the future land use there. Um it's right at the edge of the city and the county and there's no commercial there in that immediate area. So there's no way we can support it for that purpose. 25 acres Any further discussion? I'm in favor of the motion. Our next new business item is to consider ordinance number 252 amending the business license ordinance for the city of Greenwood as required by 1776 2020. Um I'll recognize our final director. If you'll recall, uh, we are required, uh, every two years to update our business license ordinance. So, that is what is before you tonight. We have to have this done by January 1. >> Um, I wanted to let you know that, um, of course, every two year update to the business license, um, ordinance, the effect overall from the 25 estimate in to the budget would be about $55,000. Um our biggest um categories that will be changing are your health care, um your professional and technical services, real estate and rental um areas. And then um the biggest group that will change would be our borrowers and mechanic. It's about 700 businesses overall that will drop at least one rate from like a two to one or three to a two, you know, drop rate. Um the uh the biggest uh those barber those would be any of your hair dressers, your barber shops, your nail salons. Um the auto mechanics come into your oil change places and of course your tire is too comp. >> So are the category for kids. They're actually >> Yeah, it has to do with your um what they consider gross profit or you know the difference they have some kind of formula they use to calculate you know let's say a restaurant fall in your lowest category which is your your lower rate category because they have a small whereas you take a lawyer's office or um real estate office real estate office that type thing those would you know have a higher profit margin because have as much cost of goods sold. You know, like they're not having to keep inventory of food products and um you know, you know, like they don't have to buy fish and meat and vegetables and stuff like that to cook. So that's where their analysis comes from. Let me ask you um so let's from a four to a one because they still I don't know how that really works. It still goes back to that um profit margin analysis done by the IRS and so they wouldn't necessarily jump that far. They usually stay around the one to two range. Motion. All in favor of ordinance number New business item number four is to consider ordinance number 25-023 which authorizes the city manager to issue CPW revenue bond anticipation notes in 2020 20 that should say 2026. Um I thought you had a dream that no um so this just gives uh CPW the um ability to float bonds if they need to purchase natural gas. They have three open bonds now which you'll see in the bond that they're paying on actively. Um but as required by law the city has to approve the issuance of bonds for CPW. None of our revenues are pledged to pay those bond CB CBW revenues. Um, however, they have indicated that they don't they don't have any intention of borrowing any money in 202. All right. I was very Great partners. There is no further discuss. New business item number five is to consider ordinance number 25 to levy tax and adopt the budget for the city for 2022. Um so your budget is balanced 23,147577. There's no tax increase in the budget setting millillage at 127.9. There is a 3% cost of living adjustment included in the budget for all employees. There's some merit increases in there based on department head requests for specific people in their department. And there are five new positions in the budget as we discussed. A full-time janitorial position, a full-time maintenance position, a communications position, and two two more police officers. That's all included in the budget. There's capital equipment of $515,000 which incl which does not include but I mentioned here that we have ordered that um that new Pierce fire engine uh and it's a whopping $1.073 million which will which will um come in in 2026 and we will have to buy that. Um that gives us an overall deficit of 1.213 million. If you consider that engine is not in there, you're really only looking at about $140,000 deficit, which is is really great um budget. We have balanced it with our capital fund, which currently has about $5.5 million in it. Um so it'll cover the purchase of that Pierce engine. Um yeah, I touched on that. So I will tell you that um while the budget appears to be a 14.8 increase over last year. It's really mainly attributed to that that big purchase for that engine because we don't buy those very often. So you you won't see that large of a purchase typically um in our budget. Um and then there's a $785,000 difference in our CPC money, which is really just an in-n-out account, but it skews the revenues and the expenditures a little bit. So this is really about a 5.6 increase uh from your budget last year. You do have millage available if you did want to raise taxes. Uh it's not included in the budget, but I like to put it out there just so you guys know. One mil is worth about $56,000 and you do have 18 mills available if you wanted to uh raise tax. Again, your deficit is being covered with your capital fund and there's no tax increase in this. There's a couple other I just touch on this one more time. We do have increase in our commercial sanitation uh collection this year or the retirey health insurance increase just that's a substitute increase that we had to address. So y'all recall we approved that ordinance last year and now we're seeing the increase this year. The five new positions are in the budget. We do have uh several infrastructure reimbursements. We're still paying in some sewer reimbursements with CPW. Um and again that CPC number just keeps the budget a little bit special. I'll be aware of that. I'll answer any questions you have about the budget. Oh, you didn't motion request. Yeah. Either way, it's a small Yeah, sometimes we do have minor changes between first reading and second reading. All right. Questions. motion by Mr. Cainly love your hard work. All right. All in favor of approve. All right, moving item number six. Um, consider ordinance number 25 and 025 which amends our city code of laws chapter 28 by adding 28-42 criminal conduct because of prejudiceable as an incorrection by civil fine. I will point the next item which is new business number seven is related to this item. I'm going to recognize your city attorney Padet to cover these two. So, I'd like to first address the give you a quick story and about the resolution. This is an important issue that's been so Mr. Mayor and members of Tennessee. My job is not to push my own or take any opinion of council. My job is to ad commentary that the South Carolina attorney's general opinion is merely advisory and nonviolent. This bumper sticker description seems to be said to diminish the effect of the opinion. that the opinion can be dismissed entirely when in reality the opinion functions as a road map to binding president. The com the comment of advisory and nonbinding confuses the authority of the court with the authority of the legal principle in it. Advisory and nonbinding isn't wrong. It's just incomplete. It's not it is not complete just as a headline detail. The authoritative citations in the opinion are state supreme cases, United States Supreme Court cases, state during the time that these two instruments were for you and that they were being that they were being developed, there have been critics. I learned that they were likely critics because they didn't understand the rules very well. Most of the lawyer work, most of those rules. You have to locate the rule pieces and put them together in the rule book for certain circumstances before you have time. In the current matter, it's like the balls are different. The game is different. The rules are so totally incompatible with each other that the two teams can't even meaningfully interact. We were working on two sets of rules and that equals community and that leads to frustration. However, one of the critics reached out to me through a council member what I thought quickly became not a critic but a curious conitu. We sat down at lunch. We met personally face to face. No tweets. We still have no tweets, no Facebook posts, no social media battle. One of the first things he said to me after greeting me was a three word phrase. And I wish that these words were more common in political history. Instead, people react with emotions without taking time to discover, read, and understand the rules that apply. Those three spoken those Three spoken words to me at lunch were not something like we the people or even those three spoken words may inviting the spirit of those phrases I just mentioned but the actual words were really much more special and express very simple didn't react with emotion help Understand it was at this point his willingness to even be opening and sincere in his request that we could have a discussion. We were starting to communicate. We were playing the same game with the same. The main question this curious constituent had was what does smoking have to do with prejudice? Great question. My explanation was of course smoking has nothing to do with prejudice. The cases that he was referring to were taken were taken to court because the act described in the ordinance was one smoking in the workplace which we'll talk about 2008 or smoking in bars the case also 2008 but the subject matter could have been anything. replace smoking with just an act and move on. It doesn't matter what the topic was, it would work just as well. Those cases talked about the act of smoking, but those cases were about city ordinances that criminalized behavior that was not already criminal under state law. This is the precise issue that was before you one of two of two issues. is the South Carolina constitutional which is talked about but also the first amendment. It's important to note that my analysis is for you only. Other municipalities have their own council and can come to their own conclusions. Municipal legislation is presumed constitutional says otherwise. But based on the state of the law today, I could not advise you to go through the front door like other people. But with the front doors closed, perhaps sometimes you look for a side door, it might be open. Well, the side door is open. The instruments before you today are side door to what we talked about earlier in So, the ordinance first. You'll see that the ordinance is written in a way that looks to be complicated. It is. It's more complicated than most. It has to be. You'll see that there are clauses. Those are opportunities. One is a way for you to So the court knows why you certain but even more importantly this is for the public. This is so that your constituents can go read the rules. Don't take my word for it. Go to the original sources. I know. I know because I gave them to her. She was diligent enough to read them. But please read more than it read the articles. But don't stop there. Go to the original source. Not even just in legislation, but in any news you read. Don't take someone else's Perhaps the online version can hyperlink these cases that make it even easier for the public to go read the rules. Now you'll see in the title of the ordinance that it was entitled criminal conduct because I have intentionally not used the term hate crime. I think that hate crime is a headline and it's imprecise and wrong. Hate is a feeling, a thought or opinion. And no matter how ugly it is, it's likely to call a feeling, a thought, or an opinion a crime is inaccurate and wrong under the law. It is the conduct that is motivated by that pre that is perhaps is not accurate and we need to be accurate when we're talking about legal principles the reach of this municipalities can only do so much this is only in the city limits of the city as soon as you go to the county this does The jurisdiction of this ordinance is only in municipal court. Your serious crime involved in general, not the solicitor is the chief prosecutor of the circuit. That's it. not to prosecute any municipal ordinance in general sessions. So you're not going to see this. Again, the reach of this ordinance is limited. The punishment of this is a fine $500 per It sets out that the bigoted behavior based on race, religion, color, disability, sexual orientation, national origin ancestry. This is your statement where bigoted behavior is repulsive, despicable, and totally unnecessary to civilized. So now well, we go through what our rules are. The first one in the ordinance, the cannot criminalize that which the state has not declared. That's not the agent's opinion. That's the Supreme Court of South Carolina in 2008. It's been that since we started the state has no statewide crimes law. Each municipality shall have jurisdiction to try all cases arising or of that municipality. And there's a code section there. You can look it up. When I started law school, passwordicular system today. You can look these up on describe why this is not a civil matter in the municipal statute because the municipal court lacks jurisdiction municipal court cannot hear a civil wrong between you called a civil don't confuse civil action but there are some cases that certainly support that ordinance goes on to say that vance or other types of activities that harms distinct from their communicative impact are entitled to no constitutional protection. So it's linked to the conduct. That's what's important. Um two very important cases that I know that we have talked about versus city of St. Paul and Wisconsin versus Mitchell. Those bridge I believe the first amendment gap as soon as you cross over into That's when action but because the state does not have a crime for this conduct only. So the way that this ordinance is set up is that first a person must be found guilty in municipal court for a crime existing under state. If that person is found to have intentionally selected a person as their victim based on in whole or in part on race, religion, color, disability, sexual orientation, national Then the court will have aative a two-stage trial. You first you got to be convicted on the conduct and then if you're convicted on the conduct, you come back and the jury hears a second phase of the trial. Was that conduct motivated by prejudice for one of those? And then if guilty for being motivated by Then the judge can find up to $500 per question. One one just quick quick thing to to alert you to as well. I did some additional research over the weekend. states these types of statutes and it's not limited to race, religion, disability, sexual are things that you might consider between Louisiana, Mississippi, Tennessee and Utah included in those factors are law enforcement in Nevada first responders in Utah and Vermont military status and in Arkansas, Iowa, Utah, DC and West Virginia political association. So other states have a much wider or some have a wider net than traditional categories. However, what I was asked to look at in the summer is what I have in your proposal. County the only one that I'm aware of question I want to raise for you all the other municipalities that have an ordinance. Does it say crime or do they use lum and again other municipalities to do what they want in my opinion is important that our title represents what the law is I've always hated federalally when bills are named that have nothing to do with what's in the bill. It's totally confusing. Again, it's a headline to get attention, but it doesn't give you the detail of what it really is about. So, I'm trying not to be misleading here whatsoever. So, when someone says conduct motivated by criminal conduct motivated by prejudice or prejudices, That tells you what it is. It's conduct motivated by prejudice. I got to have conduct that was motivated by prejudice. There's very little confusion. If you say hate crime, someone could say you're thinking ugly thoughts. You should be arrested. That doesn't happen in America. goes in the world and that might happen and but we are free to be but as soon as that crosses to conduct that enforcement All right. Okay. I'll be next. Okay. >> All right. 25 amending city of laws 28 by adding section further discussion. legislation is still like one of two states without statewide perhaps I think that's better than us. I want to also pray that when all municipalities get all these orders in place all together. >> Thank you. >> Approved. Great job, Sheriff. I'm holding. >> Yeah. Can you explain that vote again for me? >> Okay. Thank you. Thank you. >> All right. New business item number seven is to consider resolution number 25009 urging the state legislature to enact a statewide uniform punishment for criminal conduct motivated by prejudice. Mr. So the reolution has a different statement from this body to another body. You say we need a uniform statewide application to punish right now. Let's say I think the number is still 18. I think it's two counties. You got if you did a map and highlighted those municipalities, you got an upside down triangle with a bunch of dots on it. And that makes kind of confusing application sometimes. So a lot of the recital and the warehouses in the resolutions are much they say this is how we get to our conclusion. That's not to say not having a statewide specific law. We don't have things to address it anyway. I thought that I had a very wonderful original thought that I then found out. It was not my original thought that judges had historically were probably since you sent judges uh that there's a range that a bad person convicted of a crime can. And Chief Justice Renquist said it very well in um Mitchell versus Wisconsin. Traditionally, sentencing judgments have considered a wide variety of factors in addition to evidence bearing on the guilt determining what to be imposed on convicted defendant. The defendant's motive for committing the is so kind of baked in, but there's nothing separate that says if your conduct is motivated by a consecutive sentence being stacked on top. So in the resolution you're not just complaining or in this particular resolution this body is not just complaining to the state. It says you need to fix this. It says look you also have options. Your options as a state body would be to put into state law that for judges to recognize and perhaps give um explain their fact or why there's a a max because it was motivated by hate. That's something that we already have baked into our stat. But you can do but it says more. It says you can do as little as this or you can go have an independent statute much like the one in Mor. So you're not just telling the state that you don't need a work of criminal laws. You need a statewide uniform blanket. Everybody knows the rules. Like I thought the board rules are very important. But you can as this to recognize it or you can go full blood. So this isn't just saying fix it. This is saying you can fix it and here's some options. Now they might choose to do nothing. They might choose one of the options. They might choose something totally different. But this is you saying we need something for everybody. your official statement in other legisl It's a resolution resolution 25-00 millis. Unifor. criminal conduct already urge the state to ordinance which you don't resolution enforce. Well, I think that's why we're asking the state. I think number six and number seven. I just want to confirm this is this is approving the motion, right? >> Yeah. Okay. Just to clarify, are you um are you asking us to put everyone's signature line on here? >> I mean, we can amend it. >> I just want to clarify what you I don't think you have to I don't think you have to include that in your motion. We can just put out legisl uh to let them know that we have work to do with this job and that we have come to what we think best in favor of number Yes. >> Our last new business item is to consider approval of your 2020 meeting calendar. This includes all your work sessions, all your regular meetings and city holidays. Correct. >> Correct. Mr. Anuss approval. >> Approve. I really don't have many comments this evening and I will just uh note there's a lot of like I've mentioned it's a busy time of year. There's a lot going on. Make sure y'all check that email sent you with all the events coming up. We do have our um Christmas events coming up. So the tree lighting and things like that I'll be sending some information to you about but just maybe go ahead and mark that weekend on your calendars which is 125 and 127. easily hiccups. >> Yeah. If I could just make one request, it would be that people don't leave their trash everywhere. can record because it's been asked of me a bunch of times. The upper part, the dog park is a trash free park, meaning that we really would like for you to take your trash with you when you leave. So, we were trying to accomplish that in the lower part, too, but apparently um that's not going so well. And we have put a few uh track roll carts out there for now. Um, and we're going to work to put some trash cans out there. But, uh, you know, it would be wonderful if people took their trash with them when they left. I understand maybe not always ideal, but um, and yeah, I mean, the park has received a lot of use. I got multiple people send me pictures over the weekend. There were so many cars there. I was afraid we're going to start parking on the street. So, that's great. And the weather was beautiful. It's definitely getting a lot of use. >> We're gonna put some trash. >> I look forward to seeing if they work >> with their mas and their daddies. >> I just want to recognize yet [Music] were part of our traffic. Thank y'all. Okay. >> Just so that you know there is a requirement that one city council meeting. >> They must like it. >> Some of those joints. We have a with the first anyway. Well, I guess I guess We all give you a heart. comment though. I want to thank Chief and your staff for such a great job y'all did on the open day of the park. Y did all that was out there. wants to say that you know I know probably the hardcore's good energy for those that are well I was out there this morning. >> I was I left my knee pads out there the day before so I go pick them up. everyone. >> Hey, I just wanted to say that uh um I just wanted to let Julie know that I'm glad I was right about the P track and >> I told you so. Yeah, I'm glad I was right about that. That's That's 100% sarcasm. I appreciate you guys. Sorry I'm not there, but y'all don't want to get sick. >> Yeah. And we wish you still more. I would point out too that with regard to Christmas lights, I mean the fire department always helps with the police department and public works really carries the bulk of that installing it. It is a tremendous amount of labor and uh I just I do want to give the fire department. They really help a lot. It helps tremendously. We only have two weeks to get them all out and it takes a lot of time. So everything's >> We are working on some amendments to ordinance that we'll be bringing down in the next couple weeks. >> We're actively working on the amendments that we discussed at our at our retreat. >> That's already >> I just didn't know exactly where it was. So if you see somebody doing that, I guess I should put that city manager comments and just say it's illegal to blow your grass in the street. If you see one doing that, call >> and he'll come crackassie says yes, sir. >> All right. We have a motion for eachot.