November 20, 2003
The meeting was called to order by Mayor Rozier with Councilman Ray leading in prayer. The minutes of the November 6th meeting were reviewed. Councilman Tyler made a motion to approve said minutes, Councilman Myrick seconded the motion and it passed with five affirmative votes.
Mayor Rozier reported that he had not heard anything from the DOT regarding their providing assistance with issues related to the Wildcat Dam Road Bridge.
Attorney Gerard advised council that he had sent the City of Pooler’s attorney’s office information regarding the Pooler/Bloomingdale Wastewater Treatment Facility Agreement Amendment, but had not yet heard anything from him.
The Mayor stated that he hoped to have something in writing from David Hicks regarding his request to reoccupy the non-conforming mobile home on Hwy 80 by the next meeting.
Attorney Gerard reported that Barry Anderson had filed an answer to the lawsuit with the courts regarding the damage to the 1995 Ford Garbage Truck and the hearing is scheduled for December 2, 2003. Attorney Gerard stated that he would need specific information regarding the expenses involved in the repairs to the vehicle and that General Services Supervisor Fett Burke, Jr. would need to plan to attend the hearing with him.
Mayor Rozier stated that Councilman Tyler would present specifications and details on bids for the fencing at the lift station and well sites at the next meeting.
Council was advised that Councilman Johnson, along with the City Clerk, Fett Burke, Jr. and Ernest Grizzard, had met this week with Virginia Lamb, Chatham County Solid Waste Coordinator, and she will be submitting some information regarding potential opportunities for consolidated solid waste services to the City in a couple of weeks.
Attorney Gerard reported that he had researched information regarding the City’s responsibilities for the operation of a cemetery and found that although government-owned cemeteries are not regulated by the State of Georgia, a government owning a cemetery would still be expected by the public to comply with the same standards of maintenance and care as are applicable to state-regulated private cemetery companies. Council was advised that such standards include the leveling of the grounds, sodding or planting of grass, reasonable care of grass and other ground cover, removal of all debris, regular mowing and edging, maintaining roadways as well as other improvements located on the cemetery property. Attorney Gerard pointed out that these expenses could be rather high, but the purchase of the cemetery would be a business decision by the City. Attorney Gerard stated he was checking with other cities who owned cemeteries to get their views on the pros and cons of owning and operating a cemetery and would provide this information to council as soon as it was available to him.
The Mayor stated that discussion of the request from Don Amerson regarding the opening of Poplar Street will be tabled until council can receive a report from the General Services Committee. Mayor Rozier recognized Don Amerson who stated that he needed an answer from council regarding this issue because he wanted to get started on the construction of his home on his property located on an unopened portion of Poplar Street. The Mayor stated that Mr. Amerson had already been advised by council that in order to obtain a building permit he would have to open Poplar Street to the City’s specifications. Mr. Amerson stated that he did not feel it should be his responsibility to open the street since he felt the City would eventually take it over and he would have spent his own money for something the City should handle. Councilman Ray pointed out that there was no benefit to the City to open the street and the City’s policy has been that the opening of streets should be the responsibility of the developer. Mr. Amerson stated that, if necessary, he would get a lawyer to look into this situation. Councilman Ray asked Ms. Amerson, Don’s mother, how the county handled their request for a building permit on Chestnut Street. Ms. Amerson stated that they were required to open the street to the county’s specifications, but still did not feel it was right. Councilman Tyler asked Attorney Gerard who owned the property that is shown on plats as Poplar Street if it was not dedicated to the City.
Attorney Gerard stated that as he had explained many times before, if the developer of the original subdivision of the property failed to open the roadway it would revert back to the property owners and they had a legal right to use it to access their property. However, if the roadway is not a public or a privately-maintained easement recognized as such by the City, a building permit cannot be issued for any property abutting this unopened portion of the road. The property owners have the right to open the roadway, but has council as pointed out, the cost related to the opening of the road would have to be bore by the developer unless the City determines it wants to go into the road opening business. Attorney Gerard advised Mr. Amerson that if he did obtain the services of a lawyer he would find that this information is correct and there is Georgia case law that backs it up. Mr. Amerson asked the Mayor what were the City’s specifications and was advised that we abide by the Department of Transportation’s requirements and a copy of this information would be available at the City Hall. Mr. Amerson asked if he could open Boulevard Street rather than Poplar Street since this appears to be a shorter route to his property. Mr. Amerson stated that this unopened roadway was also 40’ wide. Council members indicated they had no objections to his pursuing the opening of either roadway as long as he met the City’s requirements. Council discussed the City’s current requirements for the opening of a roadway and it was noted that they include a 60’ right of way and the paving of the street. After a lengthy discussion, council agreed to grant variances to these two requirements. Councilman Tyler made a motion to grant a variance in the street width requirement from 60’ to 40’ and waive the paving requirement for the roadway for Don Amerson to open as a privately-maintained access easement a portion of unopened Boulevard Street provided the design and construction of the roadway and drainage meets City and Department of Transportation specifications. Councilman Wedincamp seconded the motion and it passed with five affirmative votes. Mayor Rozier instructed General Services Supervisor, Fett Burke, Jr., to oversee the project and report back to the City as to whether the roadway and drainage meets the City’s specifications once it has been completed.
Councilman Tyler requested that the Mayor pass until next meeting a discussion of proposed increases in reconnection fees for water/sewer services disconnected for non-payment and extension of service hours for these reconnections and council agreed to this action.
Council was advised that Lanier Supply and Randy Wood have received information from the City about making applications for sign permits within ten (10) days from receipt of their notification. The clerk reported that Lanier Supply has made contact with the City and stated that they would submit the information as requested and Attorney Gerard notified council that Mr. Wood plans to contact Mayor Rozier about the issue.
The council was informed that Jamie Kerby at #416 Chestnut Street received notification from the City regarding the questions that had been raised about the number of vehicles that were being parked at his residence, but there has been no response from Mr. Kerby. Mayor Rozier asked Chief Gossett to subpoena Mr. Kerby to the next council meeting.
Mayor Rozier reported that James Hester at #105 Cypress Street had received notification from the City about possible violations of his home occupation license and was at tonight’s meeting to discuss this issue. Mr. Hester stated that as far as the complaint on the empty paint cans accumulating in the back yard, these were from a specific job that he recently completed and he has disposed of them. Also, he reported that he has moved all of his equipment into a shed in the back yard and there are no signs posted on the property advertising the business. Mr. Hester stated that he met with an EPD representative who advised him that no violations had occurred with his washing of the equipment since the paint that he uses is water based and has been determined to be free of any harmful chemicals. Mr. Hester asked if council could give him some direction as to how he could best dispose of the residue that would accumulate with his washing out of paint buckets. Councilman Tyler pointed out that the City’s Stormwater Management Ordinance discouraged the placing of these liquids directly into the drainage ditches. Mr. Hester asked if he could dispose of it in the sewer system, but Mayor Rozier pointed out that there are some very strict guidelines as far as placing this type liquid into the sewer system. After a brief discussion by council it was decided the best way to handle the disposal would be to let the liquids evaporate and for Mr. Hester to dispose of the solids in the waste can. Mr. Hester stated that he had obtained his initial license in 1998 and wanted to continue operating this business from his home and asked if there was going to be any problem renewing his license for 2004. Council assured Mr. Hester that as long as he did not violate the provisions of the home occupation license it would be renewed.
Mayor Rozier advised council that the City’s requests to the Chatham County Legislative Delegation for submission during the 2004 Legislative Session needed to be determined so he could present these at the public hearing tomorrow. After discussing the matter, Councilman Waller made a motion to authorize Mayor Rozier to present the following requests: 1) An increase in the City’s current upper Floridian Water Permit, 2) $100,000 in funds to provide for the expansion of the recreation facilities at Taylor Park to include the construction of a gymnasium and 3) Funds for improvements to the City’s water and sewer infrastructure to encourage economic development. Councilman Myrick seconded the motion and it passed with five affirmative votes.
Councilman Tyler stated that he would delay discussion of information on the costs provided by Carter & Sloope Engineering related to a test well and cost comparisons between the City installing their own well and obtaining water from the City of Savannah until later in the meeting.
Mayor Rozier recognized Mr. Jack Kalada with Middle Georgia Community Probation who thanked council for an opportunity to provide them information about the services his company could provide the City. Mr. Kalada explained that his company was founded in 1994, is Georgia based and is located in Pooler. Council was advised that Middle Georgia provides probation services to the Pooler Police Department who has seen a 60% increase in their probation collection and presented a letter of recommendation for his company from Chief Chan. Mr. Kalada stated that the company has twenty-four (24) officers who are drug & alcohol testing certified and his company provides Saturday supervision for persons under probation. Mr. Kalada reported that his company offers a can collection program giving probationers an opportunity to submit 1 pound of cans for 1 hour of credit toward their community service hours and the funds from this program could be used by the police department for non-budgeted items. Attorney Gerard asked Mr. Kalada how many courts he served and how many people his company employs and he stated that he works approximately 75 courts and has 40 employees. Being no further questions, the Mayor thanked Mr. Kalada for providing this information and advised him that council would look over the materials that he had provided to them.
The Mayor presented a request from Triet Bui to operate the “office only” of a wireless accessory business from his residence located at #133 Michael Street. Mayor Rozier emphasized to Mr. Bui that there could be no outside traffic related to the business coming to the residence. After a brief discussion, Councilman Waller made a motion to waive the public hearing requirement provided there would be no outside traffic. Councilman Tyler seconded the motion and it passed with five affirmative votes. Councilman Tyler made a motion to issue the home occupation license to Triet Bui for the “office only” of the wireless accessory business from #133 Michael Street, Councilman Wedincamp seconded the motion and it passed with five affirmative votes.
Council was advised that the Recreation Executive Board was recommending the appointment of Donald L. Bailey, Sr. to the board. After a brief discussion, Councilman Ray made a motion to approve the appointment, Councilman Tyler seconded the motion and it passed with five affirmative votes. It was noted that Mr. Bailey’s term would expire on June 30, 2005.
The council was advised the City has received a request from Joseph Thomas & Brian Bland to shift the location of an extension to the private roadway known as Howard Drive that was previously approved by council in June 20, 2002. Council was reminded that in June, 2002, Brian Bland had extended the private roadway onto his property 125’ and dedicated the required 60’ easement to allow him to obtain a mobile home permit. The shift in the location of the roadway extension is now being requested to provide the required 125’ road frontage that will be needed for Joseph Thomas to obtain a mobile home permit on Lot #7, but it will still maintain the existing 125’ road frontage for Mr. Bland’s lot. It was noted that the subdivision of these lots was approved prior to the City’s annexation of the property and this is the only lot that has not been developed. Council was informed that the extension of this private roadway will not serve any additional residences other than Mr. Bland and Mr. Thomas. Mr. Thomas & Mr. Bland understand that they will have to submit a survey showing the changes to the roadway and the dedication of the 60’ right of way for the extension of Howard Drive for council’s signature since it must be recorded prior to the issuance of a mobile home permit. Council was advised that prior to the issuance of a mobile home permit Mr. Thomas will also have to sign an agreement for indemnification acknowledging that the City does not assume any responsibility for the maintenance or use of the private road. After a brief discussion with Mr. Thomas & Mr. Bland about their request, Councilman Tyler made a motion to approve the requested shift in the location of the extension of Howard Drive to provide access to the private roadway from the properties of both Brian Bland and Joseph Thomas. Councilman Ray seconded the motion and it passed with five affirmative votes.
Council reviewed a request from Forrest Floyd for the recombination of three lots located on the corner of Douglas Court and Highway 80 to one lot. After a review of Mr. Floyd’s plat by council, Councilman Tyler made a motion to approve the recombination. Councilman Myrick seconded the motion and it passed with five affirmative votes.
Mayor Rozier advised council that Chief Gossett has submitted a request to council for their approval of an amendment to the 2003-2004 Fiscal Year Budget to transfer $3,000 from the police department capital outlay category to police department training. Councilman Myrick made a motion to approve the amendment to the budget as outlined above, Councilman Ray seconded the motion and it passed with five affirmative votes.
Council discussed a request from the Westside Christian Church located at #1106E Hwy 80 to sell Christmas trees at their church. The proceeds from the event will be used by the church for their youth ministry. The sale will start on November 26th and they are anticipating December 15th being their last day. The hours will be limited to after school during the week until 9:30pm and holidays and Saturdays from 10:00am until 9:30pm. The trees will be displayed on neighboring church property at #1010E Hwy 80 with the church parking lot to be used for customer parking. Since there are two entrances into this parking lot there should be no problem with incoming or outgoing traffic. The council was advised that the church property is located in a C-1 zone; however, the City’s zoning ordinance only allows open lot sales of Christmas trees in NC, R-A, RA-1, C-2 & I-2 zones. Before a temporary use permit can be issued, council will need to discuss whether a variance should be granted and on what basis. Council discussed the request and Attorney Gerard pointed out that since the activity is a fund raiser on behalf of their youth ministry rather than a commercial use of the property it could be considered an extension of the church’s programs. Based on Attorney Gerard’s opinion that the use can be allowed as a fund raiser on behalf of the church, Councilman Tyler made a motion to authorize the issuance of a temporary use permit to the Westside Christian Church for the sale of the Christmas trees. Councilman Myrick seconded the motion and it passed with five affirmative votes. It was noted that there will be restrictions on the type of sign that can be posted advertising the sale and this information will be distributed to the pastor.
The Mayor presented a request from L.T. Williams for the City to credit back to his accounts the late penalties he was charged for not paying his October, 2003 bills before the 15th of the month. According to Mr. Williams, he never received his bills. To the best of the City’s knowledge, Mr. Williams’ bills were sent out along with all of the other bills mailed to our customers on September 30, 2003. The late penalties totaled $8.57. Councilman Ray pointed out that the City’s utility bills include a statement advising customers that failure to receive the bill does not excuse their responsibility for timely payment or application of delinquent charges. Council agreed that customers know that the bills are due and if they do not receive it in the mail they can contact the City Hall to find out the amount owed. After a brief discussion, Councilman Myrick made a motion not to refund the late penalties back to Mr. Williams’ accounts. Councilman Ray seconded the motion and it passed with five affirmative votes.
Council discussed the need to adopt occupational license fees for calendar year 2004 and was advised that copies of the current fees have been distributed for their review. Council members were advised that if changes are proposed for these rates, a public hearing will have to be held prior to council’s approval. Councilman Tyler asked if those members operating businesses in the City were allowed to vote on this issue and were advised by Attorney Gerard that they could vote. Councilman Ray made a motion to keep the rates for 2004 Occupational License Fees the same as those charged in 2003. Councilman Waller seconded the motion and it passed with five affirmative votes.
Mayor Rozier presented the following recommendations on behalf of the Planning & Zoning Commission:
1) To approve the preliminary plan from B & D Development for the development of a major subdivision consisting of three (3) lots on Moore & Hickory Streets with a 4’ variance on the extension of Moore Street. Council was advised that a public hearing would have to be held before the Mayor and Council can take action on the Planning & Zoning Commission’s recommendation and the developer will have to pay the appropriate subdivision fees as outlined in the ordinance. Council also agreed that the City needed to have an engineer review the preliminary plan consisting of the extension of Moore Street and water and sewer line extensions prior to their approval of said plan. Del Ferguson, who is currently the acting Chairman of the Planning & Zoning Commission, stated that members felt that the property should be rezoned from commercial to residential since the planned use is for the construction of single-family residential units. Mr. Ferguson stated that it was his understanding that the developer would be submitting a rezoning application prior to tonight’s meeting. Council discussed the matter and agreed to set a temporary date of December 18th for the required public hearing on the major subdivision provided the developer submits his rezoning request along with the required fees in a timely manner so the public hearing on this issue can be held at the same time.
2) To allow B & D Development to go ahead with preliminary plans for 9.5 acres of a 20 acre tract on Main Street allowing the construction of duplex dwellings. It was noted that these development plans were not submitted to the City Hall. Councilman Wedincamp pointed out that the developer submitted a plan to the Planning & Zoning Commission at their meeting that was different from the one that was received as part of the agenda. Del Ferguson stated that their plan included property they did not currently own and asked how the Planning Commission should handle this type situation. Attorney Gerard stated that the owner of the property should actually present the development plan or at least provide something in writing indicating the developer was acting as their agent. Since council did not have anything to review regarding the proposed development, there was no action taken. The clerk was asked to contact the developer and ask that he submit a copy of the plan that was submitted to the Planning & Zoning Commission to the City Hall.
Mayor Rozier stated that this concludes the items submitted for the council agenda prior to the Friday, November 14th deadline.
Councilman Tyler made a motion that council take a short recess before adjourning the meeting with Councilman Ray seconding the motion. The motion passed with five affirmative votes. After a brief recess, Councilman Tyler made a motion to return to the council meeting. Councilman Ray seconded the motion and it passed with five affirmative votes.
Council approved three additions to the council agenda and action on said additions was as follows:
1) Councilman Tyler made a motion to add discussion of an occupation license requested by Big Daddy’s Customs for #301E Hwy 80 to the council agenda. Councilman Myrick seconded the motion and it passed with five affirmative votes. It was noted that Karl & Kimberly Franz want to obtain an occupational license to open an auto/truck customizing/detailing business at this location; however, the zoning ordinance does not specifically address this type license in a C-1 zone. Mr. Franz explained that the business included a small amount of sheet metal work and installation of roll cages and other similar items, but there would not be a lot of noise related to this work that would cause a nuisance to the neighbors. Mr. Franz stated that there would be no painting of vehicles except for airbrush painting for pinstripes, logos, and other smaller artwork. Mr. Franz assured council there was no auto repair work or installation of motors or engines involved in his business. Attorney Gerard reviewed the zoning ordinance and agreed that this type work would be similar to the auto renovation category that is allowed as a “conditional use” in a C-1 zone and the conditions stated in the ordinance would apply to this business. Council advised Mr. Franz that he would have to make sure that he provided adequate off-street parking for his customers and he assured council that there would be parking for vehicles off of the right of way. After this discussion, Councilman Waller made a motion to approve the issuance of an occupation license to Karl &
Kimberly Franz for an auto/truck customizing/detailing business to be located at #301E
Hwy 80. Councilman Ray seconded the motion and it passed with five affirmative
2) Councilman Wedincamp made a motion to amend the council agenda to consider two appointments to the Planning & Zoning Commission. Councilman Tyler seconded the motion and it passed with five affirmative votes. Council was advised that Wayne Tipton had resigned as a member of the Planning & Zoning Commission. Councilman Wedincamp made a motion that Dexter Shearouse be appointed to the Planning & Zoning Commission to fill the unexpired term of Wayne Tipton which ends on June 30, 2005. Councilman Tyler seconded the motion and it passed with five affirmative votes. Councilman Wedincamp made a motion to appoint Susan Rogers to the Planning & Zoning Commission to fill the vacancy on the commission for which the term expires on June 30, 2004. Councilman Tyler seconded the motion and it passed with five affirmative votes.
3) Mayor Rozier requested council approve an amendment to the agenda to add a discussion of providing water/sewer services to the RAF project which is a commercial development proposed for the Morgan Tract. Councilman Wedincamp made a motion to make this amendment to the agenda. Councilman Ray seconded the motion and it passed with five affirmative votes. The Mayor stated that over that last few weeks he has been in discussions with a developer and the Morgans regarding a major commercial development proposed for their property off of the Wildcat Dam Road that is located within the City limits of Bloomingdale. Since the City of Bloomingdale does not have the water capacity to serve the proposed development at this time, the City of Pooler has agreed to provide them with water at no cost to the City of Bloomingdale. The Mayor pointed out that at the advice of legal counsel, the City of Pooler would deal directly with the developer rather than having Bloomingdale purchase the water and then sell it to the customer. Mayor Rozier stated that during the discussion, Pooler initially indicated the only way they would provide water to the development would be if Bloomingdale de-annexed the property, however, after further discussion, they agreed to work directly with the developer provided the City of Bloomingdale would agree to this arrangement. Councilman Waller asked Attorney Gerard if there would be any problems for the City of Bloomingdale to agree to such a proposal. Attorney Gerard questioned whether the City of Pooler’s charter authorized them to provide the services across jurisdictional boundaries and the Mayor stated they had indicated to him that they did. Based on the Mayor’s information, Attorney Gerard stated that he saw no problems with this arrangement if Pooler dealt directly with the developer. The Mayor pointed out that the City of Pooler was also willing to provide City sewer service to the development, but were not sure about whether or not they would charge the usage against Bloomingdale’s capacity at the sewer treatment plant. Council members agreed that if Pooler was going to benefit from the revenue derived from providing the sewer service there should be no question that the usage should not be charged against Bloomingdale’s capacity. Mayor Rozier reported that the development would be using approximately 15,000 gallons of water per day, but they needed 1500 gpm pressure for fire protection and there were questions as to whether we could provide this pressure even if we had the water capacity. The Mayor asked for council members’ opinions on allowing the City of Pooler to provide these services to the development that would be located within the city limits of Bloomingdale. Councilman Tyler stated his disagreement with allowing Pooler to run water or sewer service into our city limits since he felt that Bloomingdale should make whatever arrangements we needed to make to provide these services ourselves. He further stated that, according to his calculations, the line would be running over 10,000’ into the city limits of Bloomingdale and once that water line crossed into our boundaries he felt the EPD would not grant us additional water for our existing permit nor would they approve the issuance of a permit for the lower Floridian because we would have access to Savannah’s I & D water. Councilman Tyler pointed out that one of the proposed well sites that had been discussed with Carter & Sloope for drilling into the lower Floridian aquifer was adjacent to the proposed RAF project. Councilman Tyler advised council that Attorney Barbara Gallo had talked with them about a possible suit against EPD and she stated that we needed more publicity to let the public know what kind of problems we were facing by not being able to get an increase in our current water permit and if the public knew we were losing possible revenue from a project of this size it may be just what was needed to prompt EPD to help us out even if it meant missing out on this development opportunity if we could not provide the water service ourselves. Councilman Tyler expressed his doubts about the accuracy of the attorney’s opinion that our chances of winning a lawsuit against EPD would not be lessened if we allowed the City of Pooler to provide water directly to the developer. Mayor Rozier pointed out that he felt that if Bloomingdale did not try to work with a neighboring City to provide the water service to the development that this could do more harm that good since there was the potential for over 400 jobs for this area. Councilman Tyler stated that there was no guarantee that Bloomingdale citizens would benefit from these jobs, but even if they did, he was apprehensive about letting Pooler run their lines into Bloomingdale. Attorney Gerard advised Councilman Tyler that Attorney Gallo merely stated her opinion about the running of the lines into Bloomingdale based on information that had been provided to her and if he had any additional information that may change her opinion on what would help and what would hurt a potential lawsuit against EPD, he should give her all the facts before asking for her opinion. Councilman Tyler suggested we send someone to Atlanta as soon as possible to pursue discussions on the lawsuit and council agreed we should proceed with this option. The Mayor noted that the building that would be served with water and sewer was located right on the city limits line rather than 10,000’ from our limits. Mayor Rozier advised council that company executives were planning to tour the area tomorrow and he needed to be able to provide them with some kind of response about the water and sewer service if he were asked. Councilman Tyler suggested that we agree to Pooler providing the water service with the understanding that if we were able to get water to the area before the developer needed it that we would furnish the service. Mayor Rozier expressed his concern that there could be a problem with handling it that way since we were currently running over our permit and the EPD may get involved if we make commitments for water we cannot furnish. The Mayor also pointed out that there was still a problem with Bloomingdale being able to furnish the 1500 gpm pressure needed for fire protection. Councilman Tyler stated that the City would be able to furnish this pressure with the installation of a booster. Council discussed the matter length, but Councilman Ray pointed out that the City still did not know how we would be able to finance the cost of a test well and, at this time, he felt that having Pooler furnish the water and sewer to the development was the best option. Councilman Myrick made a motion to allow the City of Pooler to furnish water and sewer to the RAF project provided the sewer usage was not charged against the City of Bloomingdale’s capacity at the sewer treatment plant. Councilman Ray seconded the motion. Citizen Del Ferguson asked if the Mayor had made any promises about not charging the development taxes if they located in Bloomingdale and was advised that no such promises had been made. Being no further discussion, Mayor Rozier called for a vote on the motion. Councilmen Myrick, Ray, and Waller voted for the motion with Councilmen Tyler and Wedincamp voting against the motion. The motion passed with a vote of three to two.
Mayor Rozier reported that the December CMA meeting would be hosted by Vernonburg and would be held on Wednesday, December 3rd at Barnes Restaurant at Abercorn & Tibet. The Mayor advised council that according to representatives from Vernonburg, the spouses were not invited this year. Those planning to attend should notify the clerk’s office as soon as possible.
The accounts payable were reviewed. Councilman Ray made a motion to pay the bills. Councilman Waller seconded the motion and it passed with five affirmative votes.
Being no further business, Councilman Waller made a motion to adjourn at 9:45p.m. Councilman Ray seconded the motion and it passed with five affirmative votes.
The Mayor and council members Myrick, Ray, Tyler, Waller, and Wedincamp were present at the meeting.