Dumpster Area

1) Last week a couch was dumped along with a dresser draws, both were infested with bed bugs, they were left in front of one of the dumpsters, which meant Waste Management could not empty the dumpster.

2) A witness came forward this morning and reported the homeowner at 2066 Shady Pond Dr was the culprit. 

3) Another homeowner notified the Sheriffs Department about people leaving trash outside of the dumpsters, they would increase patrols of the neighborhood, and ticket anyone leaving trash on the ground.  

For those that do not know the dumpster is for PHASE 1 homeowners only PHASE 2 homeowners are not allowed to use the dumpster as the HOA pays for private trash pickup for PHASE 2 residents.

Here is the law in SC, which includes leaving garbage on the ground outside of a dumpster, and even includes blocking the dumpster from being accessed just like the couch.

But the highlights are:

leaving trash on the ground of less than 15 pounds is a misdemeanor punishable by a $200 fine plus court costs, 5 hours minimum of litter gathering labor, and up to 30 days in jail.

leaving a couch or any other garbage totaling more than 15 pounds is punishable of up to a 90 days in jail. 

-----------------------------------------------------------------------------------------------------------

                                                 SC Littering Laws

SECTION 16-11-700. Dumping litter on private or public property prohibited; exceptions; responsibility for removal; penalties.

(A) No person may dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste as defined by Section 44-96-40(46) upon any public or private property or waters in the State whether from a vehicle or otherwise, including, but not limited to, a public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1) when the property is designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose;

(2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.

(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted under this section of littering the property or receptacles. However, if there is no conviction, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located.

(C)(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. One hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Eight hundred dollars of the fine imposed by this item must be deposited in the states general fund and used by the Office of the Governor to fund a litter control campaign.

(3) The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4) For a second and subsequent convictions under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to a fine.

(5) In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(6) Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.

(D) Any person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.

(E)(1) Any person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:

(a) remove or render harmless the litter that he dumped in violation of this subsection;

(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or

(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.

(2) A court may enjoin a violation of this subsection.

(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.

(4) If a person sustains damages arising out of a violation of this subsection that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.

(5) No part of a fine imposed pursuant to this section may be suspended.

(6) [Repealed]

(F) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.

SECTION 16-11-710. Acceptance of cash bond in lieu of immediate court appearance in litter control prosecutions.

When any person is charged with a violation of 16-11-700 or any county ordinance relating to litter control, any officer authorized to enforce such law or ordinance may accept a cash bond in lieu of requiring an immediate court appearance. Such bond shall not exceed the maximum fine provided for a conviction of the offense charged and may be forfeited to the court by the enforcement officer if the person charged fails to appear in court.

SECTION 16-11-720. Dumping trash in or along shoreline of Lake Greenwood; penalties.

It shall be unlawful for any person to dump, leave or throw any rubbish, trash, garbage, cans, bottles, containers, paper, oil, grease or other similar substances or dead animals into the waters or along the shoreline of Lake Greenwood.

(2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

Bond is not right for the community’s future

This is from the Lake Wylie Pilot follow link here:

http://www.lakewyliepilot.com/2014/03/10/2328446/vote-no-to-a-bad-bond-plan.html

With the possible exception of community incorporation, this bond referendum may represent the most important community decision the residents of Lake Wylie will make in the next 20 to 30 years.

On March 22, we will be asked to approve or reject a $67 million bond referendum to make up a major portion of a $99 million school capital plan.

I encourage you to vote no.

The school board and Superintendent Marc Sosne have stated a 3,400 student high school will add diversity to high school educational offerings; lower operating costs; and “unify” Lake Wylie and Clover. I believe these contentions are wrong on all counts.

CHS already has a diverse and rich educational offering. Clover High School is ranked highly statewide. Now the board is proposing to radically change and jeopardize what has made the school great by nearly doubling the current population of the school, thus defying overwhelming evidence that doing so will likely destroy what we have. The probability is that even more offerings will take away from the core curriculum, have little student acceptance and add unjustified costs. Beneficial relationships between and among students, teachers, staff and parents will decrease significantly.

Regarding operating cost of our high school(s), most evidence shows cost per graduate is equal or lower in smaller high schools as compared to larger ones due to lower drop-out rates and fewer transfers-out. It may be slightly less expensive to contain students in larger boxes on an annual basis, but are we looking for cheap containers or high quality education leading to graduation?

Dozens of national, statewide, regional and local studies in rural, suburban and urban areas done by major universities, state departments of education including both South Carolina and North Carolina, and various highly-respected independent research organizations all over the United States have shown that high schools with more than 2,000 students have: lower test scores, lower grades, lower graduation rates, and higher drop-out rates; more truancy, and more problems with gangs, substance abuse, bullying and violence; much lower opportunities for participation in extra-curricular activities such as athletics; greatly reduced student-teacher-parent interaction; more levels of bureaucracy and less educational community resulting in decreased student loyalty; decreased likelihood of going on to college and other advanced education; and a significantly lower quality of education.

Regarding community unity, Clover and Lake Wylie are and have been for many years different in character and history. We should be celebrating the unique and desirable characteristics of each, not trying to eliminate them through so-called “unification.”

The board is using deceptive and misleading tactics in the packaging and marketing the referendum. The proposal is structured to make it appear to be an “all or nothing” proposition.

It has been said taxes will not increase because current bonds will mature and go away. The fact is current debt will not be paid off until 2027 (13 years from now), and the new bonds (probably issued in 2017) will likely add as much as 60 percent to the current property tax millage rates for 20 years including 10 years of overlap with current bonds.

The school board admits to having no backup plan. The arrogance of such an ill-considered proposal should be obvious.

For the future benefit of Lake Wylie and Clover, I believe the bond referendum as currently structured, should be soundly defeated.

Don Long is a Lake Wylie resident.

Kuester sent out an email blast today, we are posting it here for those of you that do not receive the email blast:

Dear Owners,

 Please note temperatures are projected to drop into the teens tonight and over the next several days. Therefore, we encourage everyone to take every step to safeguard your pipes from freezing.

·  Please insure your heat is set to at least 70 degrees

·  Insulate any piping that may be contained in a storage shed.

·  If your unit is vacant, we encourage you to turn on the water to a slow drip.

 If you have an after hours emergency that requires our assistance please contact our maintenance service at 803-802-0004 and follow the maintenance prompts.

Sincerely,

Rita Barrett CMCA® AMS®

Community Manager

Annual Meeting Report!

So the annual meeting was held this past Wednesday night. Things went well Rita Barrett from Kuester hosted the meeting, there is a new landscaper starting January 1st they promise to take a little more care when working near siding, fences, pine needles and lave rocks. They also will be trimming branches on the river birches that are within 12 feet of the ground whenever needed.

The HOA attorney spoke about the current situation, basically BnA would not proceed with the purchase of the lots without declarant retaining control of the HOA. The Advisory Board reviewed plans for the new houses and had several issues of concern about how they would fit into the neighborhood, BnA was not taking any suggestions for changes and is proceeding the way they want, ignoring all feedback from the community.

There was some concern raised about the quality of the houses BnA is building, several homeowners feel the quality is well below that of the homes Mercedes built. It also appears although the new homes are still two stories with a garage based on the square footage they are quite smaller than the existing phase 2 homes.

Phase 2 residents are concerned about their lack of parking spaces and would like to use parking spaces in phase 1, or even have a parking area installed next to the pool at home owners expense, opposition was quick on these ideas, it was stated phase 1 does not want to be a parking lot for phase 2, and that phase 2 homeowners have two spaces with the extended driveways and have a 3rd space by utilizing their garages.

Phase 2 residents also would like a club house built somewhere, something they were promised by Mercedes when purchasing their homes.

Volunteers were asked to sign up to serve on a new board which is expected to be selected by the declarant in January, the declarant wants to have control in relation to selling the existing lots to BnA and completing the development, but does not want to be involved in the day to day operations of the HOA and intends to appoint a board and change the covenants to give them the authority to make those day by day decisions.

This is good and welcome news. It is estimated BnA will take just less than 2 years to complete the remaining lots as soon as the declarant sells the last lot to BnA than full control will transfer to the HOA board.

Also it was noted that BnA has their own contract with the declarant that requires them to complete the paving of the roads in Phase 2.

HOA Special Meeting Results

So the proposed changes did pass, to give the declarant now listed as Harpers Mill Community Developers, LLC which has been listed since the last change in 2007 although still ultimately the Buescher Family in Florida and their creditors full control until all lots are 100% complete.

BnA Homes is the builder but control of the HOA will stay with the developer. Several at the meeting did voice concern about BnA's involvement considering their track record this is understandable, once it became clear their was a lot of opposition to BnA, Rita Barrett from Kuester and Sandy Brink the President of our Advisory Board made claims that the BnA Homes that is going to build here is not the same BnA Homes associated with the Pasquinelli Family, or Portrait Homes in anyway, it was stated by them that the Pasquinelli Family is associated with BnA Management Company and not BnA Homes, someone has been seriously mis-informed.

Go to: http://www.bnahomes.com the official BnA Homes website scroll to the bottom of the page you will see it states copyright 2013 BnA Management, LLC so we know BnA Homes and BnA management are one in the same.

Also go to http://www.chicagorealestateforum.com/2011/04/13/well-known-chicago-home-builder-packs-it-up/  and read the last paragraph about the Portrait Homes Bankruptcy and you will clearly see that BnA has been around and is run by the Pasquinelli Family and the now defunct Portrait Homes.

It was also asked at the meeting by one homeowner about who would pay for the completion of the needed development, like paving the roads and finishing common areas in phase 2. There has been to date no money set aside by the developer and no claim of responsibility by them either, many homeowners are afraid those costs will be passed to them in the way of dues or even a special assessment, the costs of which could be over $500,000. The attorney for the developer seemed to say it was the county who would decide if paving the roads etc is required to be done by the developer or not. It appeared that Kuester seemed to think since the roads are private the county would have no say. Kuester is going to inquire and report to the homeowners at the annual meeting what they find out. One of our readers has also reached out to the county and we will update you when he receives a response.

This blog was mentioned at the meeting one homeowner stated they felt some of the information posted here was not accurate, the blog is here to inform homeowners and is written by homeowners, and has a stated goal to inform all homeowners so we can all be informed and be united to help make this neighborhood successful.

If you question any content or have concerns you can always leave a comment below any posting or you can privately email us at harpersmillblogger@gmail.com we accept all submissions, suggestions, tips etc.

Arrest Made in Harpers Mill

According to a York County Sheriff's Department report a 19 y/o female who was visiting Harpers Mill, met a 17 y/o black male who is stayimg with a relative on Water Fall Way for the summer, the female asked the teen boy if he knew where she could buy some marijuana, he told her to wait by the pool for him. A few minutes later he returned to her and said it was ok to come with him, he brought her to 1446 Harpers Inlet Dr while at the home she purchased marijuana from a white male at this residence.

After buying the marijuana she stayed at the residence and used the drugs with several subjects. One of which was a 16 year old male whom she and the others at the home pressured into trying the marijuana with them.

Later that evening the parent of the 16 y/o contacted the Sheriff's Department about the incident. The female was arrested and charged with contributing to the delinquency of a minor, she is currently being held at the Moss Justice Center, the court denied her bond on the charge, she faces 3 years in prison and up to a $3, 000 fine, her next court date is in October.

The Sheriff's Department has an ongoing investigation into the matter and also into drug activity in the neighborhood.

If you see anything suspicous report it to the YCSO by calling 803-628-3059 and press 1 at the prompt.

Drug Activity

There has been ongoing drug activity at a home near the intersection of Dragon Fly Drive and Harpers Inlet Drive close to the community pool.

The drug activity includes both use and sales of drugs and involves both adults and teens.

If you see any suspicous activity in the area please call the York County Sheriff's Department immediately.

Harpers Mill Animal Regulations!

This is a reminder to all homeowners, we know there has been some controversy and confusion about certain breeds of dogs that are not allowed in Harpers Mill, so for clarification Section 11 of the CCR's states the following breed of dogs are not allowed to be kept at any residence in Harpers Mill, this includes: Pitbulls, American Staffordshire's, Terrier's, and Rottweilers.

All homeowners agreed to abide by these rules when they purchased their home, and if you are a renter it was the responsibility of the homeowner to make you aware of the rules of the community when you signed your rental agreement.

It was mentioned in the Community Newsletter published last week by Kuester Management, that they are in the process of investigating several complaints about dogs of the above breeds residing in the neighborhood.

Kuester is asking anyone who would like to register a complaint about these type of dogs living in the community to please email them as much information as possible about the animal to: support@kuester.com 

A link to the original document is here.

To aid in identification  and to provide more information specifically about the breed of dogs(banned  that are banned from Harpers Mill, we have provided the links below:

Information about Pitbull's can be found here

Information about American Staffordshire's can be found here

Information about Terrier's can  be found here

Information about Rottweiller's can be found here

Police Blotter - 1 Incident

On March 8th police were called after a homeowner witnessed two kids smearing dog poop all over the front of the community mailboxes on Shady Pond Dr, these are the same kids believed to be responsible for leaving dog poop on cars in the neighborhood, reported in an earlier story on this blog, when the homeowner who called the police, went to get the address of the home where the kids lived their father Homoer Plummer of 745 Waterfall Way came out and called the other homeownr a child molester, since he was trying to get their address to give to the Sheriffs Depatment, than the kids involded admitted to smearing the dog poop on the mailboxes, so Mr. Plummer went to clean the mailboxes before the police arrived,  the other  homeowner was trying to video Mr. Plummer removing the dog poop, when suddenly Mr. Plummer charged at the other homeowner and was making verbal threats as captuted on video.

Despite Mr. Plummer aggresively charging the other homeowner and Mr. Plummer being caught on video verbally threatning the other homeowner, Mr. Plummer pressed charges on the first homeowner for aledgiatly threatning him.

Lake Wylie Area Plan - Community Workshop - November 8, 2012

FROM YORK COUNTY:

Good afternoon!

I hope that this message finds you well! We are excited to announce that the third public meeting, a Community Workshop, for the Lake Wylie Area Plan will be held on Thursday, November 8 from 6:00 – 7:30 in the Oakridge Middle School Cafeteria, located at 5650 Highway 557.  The purpose of this meeting is to introduce and obtain your feedback on a DRAFT future land use plan map.  Notifications for this meeting were mailed to all affected residents/property owners early this week (see attached). 

Additional materials pursuant to this planning effort are available online at the following link:

http://www.yorkcountygov.com/Departments/DepartmentsFP/PlanningandDevelopment/Divisions/Planning.aspx

Feel free to contact me, using the information found below, if you have any questions, concerns, or comments related to this planning effort.

                                                               

Thank you for your interest and involvement in this planning effort. 

We look forward to seeing you at the Community Workshop!

Sincerely,

Alison Rowland

Long Range Planner

York County Planning & Development Services Department

1070 Heckle Blvd. Suite 106

Rock Hill, SC 29732-2863

Direct: (803) 909-7233

Customer Service: (803) 909-7200

Fax: (803) 909-7478

Email: Alison.Rowland@yorkcountygov.com

Website: www.yorkcountygov.com

"All the flowers of all the tomorrows are in the seeds of today." - Indian Proverb

Police Blotter Sunday August 5th, 2012

Around 10:30 this morning, York County Sheriff's Deputies responded to a home on Waterfall Way, for a Domestic Dispute. A husband and wife were heard fighting over the 911 line by dispatchers, the wife left the home with their 3 kids the husband stated that his wife was under the influence of drugs and did not want her driving the kids. York County Deputies attempted to locate the mother and children but they had already left the area.

Blog Update!

Well we just surpassed the 1 month mark of the blog, we also are about to hit 1000 Unique page views. We want people to know that this blog is here to keep homeowners up to date on the happenings in the neighborhood good or bad, we are not here to sugar coat things we tell it like it is.

We all pay HOA fees and we all have a vested interest in the prosperity of the neighborhood. We hope to spark some more participation from homeowners, the next annual meeting will be a big one for us, as it is the first where we the homeowners now control our own destiny.

We also hope by drawing attention to some of the problems and rule violations that it will make people think twice before they do something, keeping the dumpster neat and clean, picking up after the dogs, taking care of the common areas and generally abiding by the HOA Rules, local ordinances and state laws, this makes the neighborhood more enjoyable for everyone. But it takes a community effort and participation, and sometimes a willingness to help a neighbor who needs it.

We encourage everyone to particpate by commenting below, you can also email us with news tips and updates, comments, or feedback by clicking this link: Harpers Mill Blogger .