June 17, 2004
Mayor Rozier called the meeting to order with Councilman Ray leading in prayer. Council reviewed the minutes of the called and regular meetings held on May 20, 2004 and the called meeting held on June 3, 2004. Councilman Waller made a motion to approve said minutes, Councilman Johnson seconded the motion and it passed with six affirmative votes.
Mayor Rozier recognized several candidates that had requested an opportunity to address the council. These candidates outlined their experience and qualifications for the positions for which they were running and encouraged everyone to vote on July 20th. The candidates and their positions are as follows: 1) Judge Penny Freesemann – re-election as Superior Court Judge; 2) Mack Beberman – State Court Judge; 3) Judge Hermann Coolidge – State Court Judge; 4) Mary Katherine Moss – Chief Magistrate Judge; 5) Julie Dampier Culhane – Judge of Magistrate Court; and 6) Martin G. Hilliard – Superior Court Judge.
Mayor Rozier recognized Mary Mitchell who asked that the council meeting be recorded, but was advised by Mayor Rozier that this type request would have to be made in advance of the meeting. Ms. Mitchell questioned some of the details contained in the minutes of the May 6th council meeting. Ms. Mitchell reviewed with council the three areas of concern that were included in the citizen’s original petition dated April 22, 2004 and pointed out some of the concerns in other petitions. Ms. Mitchell asked if the door on the portable toilet at the construction site at Douglas Court and Hwy 80 had been repaired and was advised that the developer had contacted the company that provided the unit and they had tightened the springs on the door. It was noted that these units have locks for the doors on the insides only. Ms. Mitchell thanked Mayor Rozier for sending the letter to the DOT requesting the traffic study for Douglas Court and Hwy 80. Ms. Mitchell advised the Mayor that she had requested that the building inspector attend tonight’s meeting since the zoning ordinance indicates that the building inspector would be the first point of contact on questions arising from the enforcement of the ordinance; however, he was not here. The Mayor informed Ms. Mitchell that the building inspector was not available to attend tonight’s meeting due to a previous commitment and pointed out that he holds a part-time position with Bloomingdale, but has a full-time job with the City of Pooler. Mayor Rozier advised Ms. Mitchell that the building inspector would not get involved in the project at Douglas Court and Hwy 80 until construction of the building was underway. Ms. Mitchell pointed out that according to her review of the zoning ordinance he would also be involved in zoning questions. Ms. Mitchell then read various sections of the zoning ordinance and presented questions to council regarding the sections. After Ms. Mitchell went through several sections of the ordinance the Mayor informed her that the council had a long agenda to cover tonight and asked that she finish her presentation as soon as possible. Ms. Mitchell asked that she be given time to review all of her information with the Mayor and Council. Mayor Rozier advised her that since there were other citizens at the meeting that needed to be heard it may be best to meet with her at another time. Ms. Mitchell stated she would rather present her information in an open meeting rather than behind closed doors. The Mayor asked Attorney Dickey to present any information he may have on this matter. Attorney Dickey reported that as long as the developer follows the ordinance requirements he should be able to continue with his project. Attorney Dickey stated that in reviewing the documents related to the property at Douglas Court and Hwy 80 he found a protective covenant filed by the original owner stating that the first five lots in the subdivision were to be developed as commercial property. Ms. Mitchell stated that the covenant expired in January of this year, but Attorney Dickey pointed out that the intent of the developer was clearly outlined in this document. The Mayor asked that Ms. Mitchell limit her final comments to five minutes. Ms. Mitchell presented several other points including information that the owner had been paying residential rather than commercial taxes on this property and insisted that the access to this commercial business should be from a commercial street not a residential street. Ms. Mitchell stated that she had more information to present but did not have time to review this with council due to the time limit imposed by the Mayor. Mayor Rozier asked that Ms. Mitchell provide Attorney Dickey with a copy of the information she had so he could look it over and prepare responses. Ms. Mitchell agreed to have a copy made by the clerk for the Attorney, but expressed her concern that these issues would not be addressed at tonight’s meeting. Ms. Mitchell felt that many of these citizens had taken off work and time away from their families to attend the meeting and all of their concerns should be heard. Attorney Dickey advised Ms. Mitchell that he had reviewed some of the information from previously submitted petitions and noted that in one of the petitions the citizens state that they have no objections to the businesses, but were concerned about the access in and out of the development being from Douglas Court rather than Hwy 80. Ms. Mitchell stated that after she had an opportunity to review some of the ordinances there were now other concerns besides the access. Mayor Rozier advised Ms. Mitchell that many citizens wanted more businesses in Bloomingdale and the City was trying to provide opportunities to people who were trying to develop them. The Mayor admitted that he did not know every ordinance by heart but pointed out that the City Council and Planning Commission members were all volunteers trying to do the very best they can to manage the City. Councilman Johnson stated that many of the questions Ms. Mitchell had raised were legal questions and would need to be addressed by the Attorney. Citizen Sherry Mast stated that the citizens living on Douglas Court had come to the Mayor for some help with this issue, but had not received it. Attorney Dickey stated that he would be willing to meet with the residents living on Douglas Court tomorrow morning here at City Hall to discuss some of their issues and the meeting would be open to anyone wanting to attend. After checking with Ms. Mitchell and Ms. Mast on the best time for them, Attorney Dickey set the meeting for 9:00am. Ms. Mitchell advised the Mayor that Jan Snow, who lives at #5 Douglas Court, had taken off work to come to tonight’s meeting and asked that he be given an opportunity to address council. The Mayor recognized Mr. Snow who stated that he was having some drainage problems at his residence since R & R Electric had started the construction work at Hwy 80 and Drescher Road. Councilman Tyler asked Mr. Snow if he had reported these problems to the City and was advised by Mr. Snow that he had not contacted the City Hall. After a discussion on this issue between the Mayor, City Council and Mr. Snow, the Mayor advised Mr. Snow that he would have City personnel check into his complaints and get back with him. Mr. Snow stated that due to his work schedule it would be hard to contact him and Mayor Rozier stated he would have someone leave him a note at his residence. Ms. Mitchell pointed out that there were other concerns that had been brought to council’s attention regarding Douglas Court and one was the need for a street light. Mayor Rozier assured Ms. Mitchell that he was going to look into the street light request.
Mayor Rozier informed council that the City of Bloomingdale has received the executed copy of the Third Amendment to the Pooler/Bloomingdale Waste Water Treatment Facility Agreement from the City of Pooler and Pooler has received the required Letter of Credit on behalf of the City of Bloomingdale.
Council was advised that the quit claim deeds from New Hope Baptist Church, Charles Rogers and Issac LaRoche that needed to be executed for the dedication of Cregor Street to the City of Bloomingdale have not yet been received.
The Mayor reported that the City Hall had received a telephone call from William Russell McAllister on May 21st when he received the Mayor’s letter of May 14th advising him that he had thirty (30) days from the receipt of the notice to clear up the overgrown conditions of his property located at #14 Osteen Road. Mr. McAllister stated that he was trying to sell the property and wanted council to advise him exactly how much clearing he was expected to do and he was advised to put this request for information in writing to the Mayor and City council, but as of this date, nothing has been received. The Mayor stated that the letter sent on May 14th advised him that he had to clear the underbrush, growth and weeds from the property. Council discussed the matter and agreed that this same information should be sent to Mr. McAllister with a fifteen (15) day deadline to take care of the problem or City crews would clear the property and he would be responsible for the payment of said cost.
Councilman Tyler stated that he would try to get with Donny Tuten before the July meeting about his plans to disconnect three (3) residences on Tuten Avenue from City water.
Mayor Rozier recognized Citizen Roger Allen who stated that the Board of Education had discussed Bloomingdale’s request for permission to install a road behind the Bloomingdale Elementary School between Pine and Church Streets to help alleviate traffic control problems and the board had agreed to this proposal; however, this action would have to be formally approved at their June 22nd meeting. Mr. Allen stated that as soon as this action is taken, Mr. Bowen would forward something in writing to the City so construction could start on the roadway.
The Mayor reported that he was still involved in discussions with the DOT about matching funds for the City’s paving project requests.
Mayor Rozier stated that the City had recently been approached by Gilbert Realty on behalf of the Morgan Family about the possibility of Bloomingdale de-annexing approximately 26 acres of their property from the City limits of Bloomingdale to be included in the City limits of Pooler in exchange for an equal amount of property in another area to be annexed into Bloomingdale, but he has not received any additional information on the request as of this date.
The Mayor reported that the City had received a proposal from Chatham County regarding an Intergovernmental Agreement between the City of Bloomingdale and Chatham County addressing the annexation of Osteen Road and Osteen Road Bridge with a commitment from the county to pay up to $40,000 for the maintenance and repairs to the bridge. Mayor Rozier stated that the county wanted us to annex all of Osteen Road that was not currently in our City limits. Council discussed this proposal and Councilman Johnson suggested that we get our own engineer to provide a cost estimate for the repairs to the bridge that were determined necessary by the DOT so we can make sure the work can be done for the $40,000 proposed by the county. It was noted that General Services Supervisor Fett Burke had a copy of the DOT’s letter to the county outlining the problems with the bridge and we should furnish this information to the engineer to use in preparing the estimate. Councilman Ray stated that he felt Chatham County should go ahead and make the repairs to the bridge that would meet DOT’s specifications and then the City would consider annexing the road and the bridge. After additional discussion, Councilman Tyler made a motion to have Thomas & Hutton prepare a cost estimate for the repairs to the Osteen Road Bridge using the information from the DOT, Councilman Johnson seconded the motion and it passed with six affirmative votes. The Mayor asked Mr. Burke to furnish him a copy of the letter from the DOT outlining the requirements so he could provide it to the engineer. The Mayor asked that Buddy Burke and Ernest Grizzard look at the portion of Osteen Road the county was proposing we annex to determine its condition so council will know whether or not it would be feasible to assume responsibility for its maintenance.
Council was advised by the Mayor that the City has received a letter from the Hicks family regarding their occupying the non-conforming mobile home at #1301A East Hwy 80. Mayor Rozier reported that he had approved the reconnection of the sewer service on a temporary basis to the Hicks residence to allow them an opportunity to start the renovation of the mobile home with the understanding that he would discuss the matter with council at tonight’s meeting. Mayor Rozier stated that due to the apparent medical problems that the Hicks family is experiencing he would like council to consider allowing the mobile home to remain on the property as a “medical hardship” case provided the mobile home is occupied by David and Betty Hicks and they submit to the City Hall medical information from their physicians similar to that as outlined in the City’s Ordinance covering mobile homes used as secondary dwellings. The Mayor pointed out that the situation could be reviewed either annually or semi-annually with a written request for an extension being submitted by Mr. and Mrs. Hicks along with updated information from their physicians indicating the medical hardships still exist. The Mayor stated that this would allow council to monitor the situation and if it should change, the mobile home would have to be removed. Also, the Hicks family would be advised that council’s approval of this request would cover the existing mobile home only and it cannot be replaced nor can an addition be added to the mobile home in the future due to its non-conformity with the zoning ordinance. Councilman Johnson stated that he had no problems with handling the request in this manner, but felt we should review the situation every six months. Councilman Tyler asked if the mobile home was livable based on previous correspondence from the Hicks family. Mayor Rozier reported that they planned to make whatever repairs were necessary to move back into the mobile home. After discussing the request, Councilman Johnson made a motion to allow Mr. and Mrs. Hicks to occupy the mobile home at #1301A East Hwy 80 with the understanding they would meet the conditions as outlined above and with the stipulation that a written request would be submitted for review and approval by council every six months. Councilman Tyler seconded the motion and it passed with six affirmative votes. Council agreed that these stipulations should be put in writing for David and Betty Hicks to sign to make sure they understood their responsibilities regarding the occupancy of the mobile home.
The Mayor advised the citizens that the meeting was being adjourned for a brief recess and would resume in about ten or fifteen minutes. After the recess Mayor Rozier called the meeting back to order.
Council was advised that the City had received requests for home occupation licenses from four citizens for the “offices only” of their businesses. Council was reminded that they have the option to waive the public hearing requirements provided the citizens understand there can be no outside traffic related to the businesses coming to the residences. The requests and council’s actions are as follows:
1) Kyle Murray’s request is to operate the office of his general contracting business from his residence located at #105 Walnut Street. Mr. Murray stated that he was in the business of building homes and understood the stipulations regarding outside traffic. After a brief discussion, Councilman Tyler made a motion to waive the public hearing requirement, Councilman Ray seconded the motion and it passed with six affirmative votes. Councilman Tyler made a motion to issue the home occupation license to Mr. Murray at #105 Walnut Street, Councilman Johnson seconded the motion and it passed with six affirmative votes.
2) Patrick Goodes presented a request to operate the office of his flooring business from his residence located at #18 Hiram Road. Mr. Goodes advised council that there would not be any customers coming to his residence. Councilman Johnson made a motion to waive the public hearing requirement, Councilman Ray seconded the motion and it passed with six affirmative votes. Councilman Tyler made a motion to issue the home occupation license to Mr. Goodes at #18 Hiram Road. Councilman Myrick seconded the motion and it passed with six affirmative votes.
3) Ida Mae Green Moore has requested a license to operate a cleaning service from her residence located at #408 W. Main Street. Mayor Rozier reported that Ms. Moore had discussed this request with him during the recess and advised him that due to the length of the meeting she would have to leave to go to work and asked if council could address the request without her. The Mayor stated that Ms. Moore understood the stipulations regarding outside traffic. After a brief discussion, Councilman Ray made a motion to waive the public hearing stipulation, Councilman Myrick seconded the motion and it passed with six affirmative votes. Councilman Waller made a motion to issue the home occupation license to Ida Mae Green Moore at #408 W. Main Street. Councilman Myrick seconded the motion and it passed with six affirmative votes.
4) Mayor Rozier reported that Jonathan Stokes had submitted a request to the City to operate an internet performance shop for cars and trucks from his residence at #306 Oak Street. Mr. Stokes was not at the meeting and since some members had questions about the business the request was passed to the July 15th meeting. Note: Council was notified before the end of the meeting that Mr. Stokes was withdrawing his request for the home occupation license because he had opened a business in Garden City.
Council was advised that the City had received a request from Mr. George Weeks with DJ Development Company to address council regarding the availability of water and sewer service to serve property in Bloomingdale that they are considering for purchasing. The proposed development is located on Highway 80 and is also accessible from Douglas Court. The company’s proposal includes the development of (38) single family detached units and 160 attached single family units. Mayor Rozier informed Mr. Weeks that the City had sewer capacity available for this size development, but water capacity was another issue and advised him that the next item on the agenda may give him the information he would need to determine if water will be available for the proposed development.
Mayor Rozier reported that Attorney Raymond Dickey had prepared a proposed amendment to the City’s Municipal Utilities Ordinance for council review regarding the permitting of private wells in the City limits. The Mayor read the ordinance aloud for the benefit of the citizens in attendance. Council discussed several aspects of the ordinance including restrictions on new private shallow wells and private deep wells and the ability of the City to enter into written contracts with landowners/developers to install wells with capacities up to 100,000 gallons per day to service no more than ten (10) service connections or twenty-four (24) individuals. The Mayor gave a brief outline of the City’s past and present attempts to obtain additional water capacity for our wells for the benefit of those citizens who may not have been aware of the events that led up to the need for this ordinance and advised them of some of the costs involved in obtaining City of Savannah water through the City of Pooler. Councilman Tyler made a motion to approve the first reading of the amendment to the City’s Municipal Utilities Ordinance as read by Mayor Rozier. Councilman Johnson seconded the motion and it passed with six affirmative votes. Councilman Wedincamp asked Mr. George Weeks if any landowners in the Rincon area had taken advantage of a similar ordinance adopted by the City of Rincon to provide water to their developments. Mr. Weeks stated that several developers were close to drilling wells, but were waiting to see if the problem could be worked out without having to bear the additional expense of the wells. Attorney Dickey stated that some developers have already proceeded with the drilling of their wells. Councilman Tyler asked if individual home owners would have to abide by this ordinance to obtain a permit for a well to serve one residence and Attorney Dickey stated they would have to get the City’s permission before drilling a well. After additional discussion about the matter, Councilman Ray made a motion to dispense with the second reading of the amendment to the ordinance. Councilman Myrick seconded the motion and it passed with six affirmative votes. Councilman Tyler then made a motion to approve the amendment to the City’s Municipal Utilities Ordinance, Councilman Myrick seconded the motion and it passed with six affirmative votes.
Council reviewed a request from Joey Jones to construct a 30’ x 40’ storage building on his vacant lot located on Bloomingdale Road. Since the building includes over 500 sq. ft. of enclosed area council was advised they would have to approve issuance of the building permit. Also, Mr. Jones is requesting electricity to the building. Council was informed that since this structure is not being used as an accessory building to a residence nor is it being constructed for a business, council will need to approve the release of power to the building with the understanding that it will not be used as a business nor occupied as a residence. The Mayor asked Mr. Jones what his plans were for the building and was advised it will be used for the storage of agricultural equipment. After a brief discussion, Councilman Tyler made a motion to issue the building permit for the 30’ x 40’ storage building with electrical power as requested by Joey Jones, Councilman Myrick seconded the motion and it passed with six affirmative votes.
The Mayor presented for council’s consideration an amended Soil & Sedimentation Control Ordinance that includes those changes as required by the State of Georgia. The amendments include a change in the ordinance that requires LDA permits to be issued for the disturbance of 1 or more acres rather than the 1.1 acres previously outlined in the ordinance as well as provisions for fees to be collected by the cities to be shared between the Local Issuing Authority and the State of Georgia. After a brief discussion, Councilman Tyler made a motion to approve the first reading of the amended Soil & Sedimentation Control Ordinance, Councilman Johnson seconded the motion and it passed with six affirmative votes. Councilman Tyler made a motion to dispense with the second reading of the amended ordinance, Councilman Johnson seconded the motion and it passed with six affirmative votes. Councilman Ray made a motion to approve the adoption of the amended Soil & Sedimentation Control Ordinance, Councilman Tyler seconded the motion and it passed with six affirmative votes.
Council was informed that the preparation of the City’s community-specific Stormwater Management Plan is underway and as approved by council, the work is being done by ISE with staff member Courtney Powers handling the project. The council was advised that during the initial review of our current procedures, Ms. Powers recommended that Bloomingdale and Pooler execute an intergovernmental agreement to cover their combined efforts for issuance of LDA permits in Bloomingdale. Since the City of Pooler has certified staff to review these plans and make the site inspections, Bloomingdale has had a verbal agreement with them for several years to handle this portion of the LDA permit. However, Ms. Powers recommends that we execute an intergovernmental agreement so the state can be assured that all aspects of the process are being addressed. The City of Pooler has agreed to continue handling the plan reviews and inspections for the $150 application fee as outlined in the ordinance. After a brief discussion, Councilman Johnson made a motion to execute the Intergovernmental Agreement with the City of Pooler outlining the responsibilities of each City in the LDA permitting and inspection process. Councilman Myrick seconded the motion and it passed with six affirmative votes.
A recombination plat was presented to council for their review involving property owned by Debra Brant located at #1101 E. Hwy 80 and Paul Lovezzola for his property located at #1009 E. Hwy 80. Council was advised that Ms. Brant plans to deed Mr. Lovezzola the southern portion of Lot #7. The dimensions of the balance of her lot will be 117.80 sq. ft. x 457.82 sq. ft. and will still meet the City’s minimum lot and road frontage requirements. After a review of the plat Councilman Tyler made a motion to approve the recombination, Councilman Myrick seconded the motion and it passed with six affirmative votes.
Council was reminded that when Ms. Brant had approached the council to discuss the recombination of the property at the December 4, 2003 council meeting, she was advised that since there were non-conforming mobile homes on her property that existed when she was deeded the land and she needed to address their removal as required by the City’s Zoning Ordinance. Council was advised that Ms. Brant has provided a letter outlining her plans to remove the mobile homes located on her property at #6 & #8 Brantville Drive by September 30, 2004 and once these mobile homes are removed the property will contain one brick residence with accessory buildings. After a brief discussion, Councilman Tyler made a motion to accept Ms. Brant’s proposal for the removal of the mobile homes by September 30, 2004. Councilman Ray seconded the motion and it passed with six affirmative votes.
A proposal from the auditing firm of Whitfield & Butler for the preparation of the City’s 2003/2004 audit at a cost of $7500 was presented for council’s review. Council was reminded that this proposal was presented as requested at the called meeting on May 20, 2004. Ms. Butler points out in her letter of proposal that there will be significant changes in the state’s requirements for the format and conduct of the audit as a result of GASB 34 and SAS 99. The proposal includes an audit of the general fund, water fund and sewer fund, special revenue funds and capital project funds. The fee also includes the auditor providing the City with the necessary audit adjustments to reconcile the City’s computer with the audited financial statements. Council was also advised that starting with the 2003/2004 audit, all fixed assets will have to be depreciated. Councilman Johnson made a motion to accept the proposal from Whitfield & Butler to perform the City’s 2003/2004 audit for a fee of $7500. Councilman Tyler seconded the motion and it passed with six affirmative votes.
Mayor Rozier presented the Group Development Ordinance and amendments to the Site Plan Ordinance as approved by the Planning & Zoning Commission for council’s consideration. Council discussed the ordinance and questions were raised about allowing more than one dwelling on a tract of land and it was confirmed that the Group Development Ordinance would allow this provided the provisions of the ordinance were met. Councilman Tyler asked if a public hearing had been held on this ordinance and was advised that a hearing had been held before the Planning and Zoning Commission made their decision to recommend approval of the ordinance to council. Some council members indicated they thought this was only going to apply to commercial properties and would like additional time to review the ordinance before its adoption. Councilman Tyler made a motion to table approval of the ordinance until it could be reviewed by council, Councilman Myrick seconded the motion and it passed with six affirmative votes. Council was advised that the development plans for the property owned by D.K. Morgan at #1720 E. Hwy 80 included stipulations related to the approval of the Group Development Ordinance and if there was going to be a delay in its approval, council needed to consider a waiver of the stipulations. Council was reminded that as discussed at the March 18, 2004 meeting Mr. Morgan was going to have to submit building plans for the construction of storage units for the connection of the new building to the existing building prior to the release of a certificate of occupancy for the new building if he got ready for the release before adoption of the Group Development Ordinance. After a discussion of this issue by council, Councilman Tyler made a motion to waive the requirement that D.K. Morgan would have to submit construction plans for the storage units to connect the new building to the old building before the release of the certificate of occupancy. Councilman Myrick seconded the motion and it passed with six affirmative votes.
Council considered a recommendation from the Planning & Zoning Commission to approve the site plan of B & B Sales for the sale of utility/storage buildings at #208 E. Hwy 80. Council was reminded that the text amendment that was recently approved by council required a site development plan be presented and approved by the Planning & Zoning Commission. Since the sale of the utility/storage buildings is a conditional use in a C-1 zone, council must approve issuance of the occupational license and their approval would be contingent on the Planning & Zoning Commission’s approval of the site plan. Councilman Tyler made a motion to accept the recommendation from the Planning & Zoning Commission to approve the site plan and he recommended issuance of the occupational license to B & B Sales for the sale of utility/storage buildings at #208 E. Hwy 80. Councilman Myrick seconded the motion and it passed with six affirmative votes. Ms. Mitchell stated that it seemed to her that this license approval was “after the fact” since the buildings are already being sold from this location.
The Mayor advised council that a public hearing has been scheduled for 6:30pm on July 20, 2004 to receive citizen input on the rezoning request received from Behr Properties, Inc. for property located at Hwy 80 and Jimmy Deloach Parkway. The request is to rezone the 10.93 acre tract from RA-1 to C-2.
Mayor Rozier presented a request for council’s consideration to renew the terms of Planning & Zoning Commission members Sue Kennedy, Doug McCurry, and Susan Rogers. The terms of these members will expire on June 30, 2004 and all have agreed to remain on the commission. Councilman Myrick made a motion to renew the terms of Sue Kennedy, Doug McCurry and Susan Rogers with Councilman Johnson seconding the motion. The motion was approved with six affirmative votes. The new terms for these members will expire on June 30, 2008.
Council was advised by Mayor Rozier that he had contacted MPC Executive Director, Thomas Thompson, about the possibility of their agency providing a staff person to assist cities with the review of zoning, subdivision and development projects and Mr. Thompson expressed interested in discussing this possibility with the smaller cities. The Mayor pointed out Garden City and Pooler has fulltime employees who handle these issues, but Pooler did express an interest in hearing a proposal from the MPC. Mayor Rozier stated that he had not talked with Port Wentworth, Tybee or Thunderbolt to see if they were interested. The Mayor advised council that the firm of Lott & Barber were interested in presenting a proposal to council for handling the review of these type projects for Bloomingdale.
The Mayor presented recommendations from the Bloomingdale Recreation Executive Board regarding the renewal of the members’ terms that expire on June 30, 2004. The board is recommending that the terms of Richard Duke and Michael Brower be extended until June 30, 2007 and is recommending the removal of members Mark A. James, Sr. and Kischia Young. Mayor Rozier asked the City’s Recreation Director, Joe Young, for his comments on these recommendations. Mr. Young stated that some of the members of the board did not feel that Mark James and Kischia Young were members in “good standing”, but there are no specific guidelines describing the requirements for members to be in “good standing”. Mr. Young advised council that until these guidelines are established and it is determined that a member falls short of these requirements; he did not feel anyone should be removed if they are willing to serve. After a discussion of the matter, Councilman Myrick made a motion that the terms of Richard Duke, Michael Brower, Mark A. James, Sr. and Kischia Young be extended for 90 days to allow time for the director and committee members to meet to discuss some guidelines to recommend for adoption by the board and council defining a member in “good standing.” Councilman Ray seconded the motion and it passed with six affirmative votes. Citizen Debra Brune expressed her concern that the terms of Richard Duke and Michael Brower were not being extended as recommended by the board. Councilman Myrick stated that he would get with Mr. Young and members of the committee to set up a meeting as soon as possible to discuss the guidelines. Council was advised that the board was recommending approval by council of the following officers: Chairman-Michael Brower, Vice-Chairman-Drenda Randell, and Secretary-James Cannon. Councilman Myrick made a motion to approve the officers as recommended by the Recreation Executive Board, Councilman Ray seconded the motion and it passed with six affirmative votes.
Mayor Rozier reported that Attorney Dickey had reviewed the Letter of Agreement for Services from Thomas & Hutton Engineering Co. regarding preparation of a Drainage Master Plan for the City of Bloomingdale and he asked him to advise council of his findings. Attorney Dickey stated that he had reviewed the comments provided by former City Attorney James Gerard to the Mayor about the document and has the same questions regarding the limits on error and admissions as well as other concerns. Attorney Dickey discussed some of the concerns with council and agreed to forward a letter to Thomas & Hutton Engineering Co. about the changes he would suggest they make before recommending council’s approval of the document.
Councilman Tyler advised council there were some existing drainage ditches that needed attention by the City, but until we can determine exactly where the maintenance easements for the ditches are located, we cannot clear the access needed to get to them. The areas of concern are at Wallace Drive, on Oak Street and off Highway 80 behind Lillian Brune’s residence. Councilman Tyler stated that he had contacted Thomas & Hutton about surveying these areas to determine the exact location of the property lines to help us determine the locations of the easements and he will get this information back to council as soon as it is available. Councilman
Tyler pointed out that the cost for this type work would come from SPLOST monies designated for drainage projects. Citizen Debra Brune stated that her mother-in-law was concerned about her fence because there was not very much room between the fence and the ditch for equipment. Councilman Tyler informed her that the maintenance easement was on the other side of the ditch, so the City would not be accessing the ditch from her property. Councilman Tyler stated that the ditches along Oak Street were in the wrong place and there were fences on the City’s rights of way. Councilman Tyler pointed out that in areas where we do not have proper maintenance easements, the City may have to go through condemnation procedures to obtain the rights of way needed to maintain the ditches.
Mayor Rozier stated that when council returned from the recess earlier, he had failed to recognize Representative Ann Purcell and he welcomed her to the meeting.
Council was advised the City has received a request for a fence permit from C.E. Hearn for his property located at #402 E. Highway 80. The site plan that was approved for the construction of the commercial business at this location included chain link fencing for the side yards with a wooden fence in the rear. Mr. Hearn is requesting that he be allowed to obtain a fence permit for chain link fencing for the side yards and chain link fencing with slats for the rear yard. It was noted that since the rear yard abuts property permitted for residential use, the fence must be set back at least 5’ with the setback area being maintained as a landscaped area. Council was reminded that the current ordinance does not allow chain link fencing in commercial zones; however, the ordinance is currently under revision and the City has allowed chain link fencing for other commercial properties since the ordinance was adopted with the understanding that this restriction would be changed during the revision. After a brief discussion, Councilman Johnson made a motion to approve the issuance of a fence permit allowing chain link fencing on the side yards and chain link fencing with slats for the rear yard. Councilman Myrick seconded the motion and it passed with six affirmative votes.
The Mayor presented council with the Drinking Water Service contract for fiscal years July 1, 2004 through June 30, 2007 for consideration. Council was advised that this contract covers the fees for the testing as required by the EPD at a cost of $3825 per year for a three (3) year period. Councilman Ray made a motion to approve execution of the contract, Councilman Johnson seconded the motion and it passed with six affirmative votes.
Council was advised that the City has received the Intergovernmental Agreement from Chatham County for distribution of the 2003-2008 SPLOST proceeds as outlined by council on August 15, 2002. The Chatham County Board of Commissioners executed the agreement on May 28, 2004 and the documents have been forwarded to Bloomingdale for the Mayor’s signature. The agreement includes Bloomingdale’s projects as recreational, local street improvements, public safety facilities, improvements to City Hall and miscellaneous Capital Outlay Projects in the City’s Adopted Capital Improvement Plan. Attorney Dickey stated that he had reviewed the document and it was the standard agreement established for the distribution of these funds. Councilman Tyler made a motion to approve the execution of the agreement by Mayor Rozier. The motion was seconded by Councilman Johnson and passed with six affirmative votes.
Councilman Tyler stated that the City needed to work on completing the codification of the City’s ordinances that had been underway for some time. Due to the time that it was going to take to review the draft of the codes as prepared by the Municipal Code Corporation he suggested we contract the work through a temp service. Councilman Tyler pointed out that with all of the ordinances that have been adopted since the last codification was published, it is very difficult to keep up with the new regulations and having all of this in one printed book would be better for the citizens, the elected officials and the staff. Councilman Tyler stated that it is his understanding that once the draft has been proofread and it is determined that all of the ordinances submitted to MCC have been included, the draft, along with any additional ordinances that have been adopted, will be sent back to MCC for printing. After the final document has been accepted and adopted by council, the ordinances can be made available to the public through the City’s website. After a discussion of this matter, Councilman Tyler made a motion to contract with a temp service to work on proofing the draft of the codification document, Councilman Johnson seconded the motion and it passed with six affirmative votes.
Council discussed setting a date for a work session to begin preparation of the 2004/2005 Fiscal Year’s Budget and Monday, June 28, 2004 at 7:00pm was agreed to by the Mayor and Council. Council was advised that approval was needed for a resolution for the delay of the adoption of the Fiscal Year 2004/2005 Budget for up to sixty (60) days from the beginning of the fiscal year with the appropriations for the last fiscal year being the appropriations for the new fiscal year until the adoption of the new budget. Councilman Ray made a motion to approve said resolution, Councilman Myrick seconded the motion and it passed with six affirmative votes.
Councilman Tyler stated that with funds received from a grant through the Homeland Security Association two mobile data terminals had been issued to Bloomingdale. One terminal was for the fire department and one was for the police department. Councilman Tyler reported that the only cost involved in the acquisition of the terminals was $3073.14 ($1536.57 each from the police and fire departments) which covered the administrative expenses involved in obtaining the grant. The equipment received is valued at approximately $11,000 per unit. Chief Gossett stated that the software was included in the $3,073.14 cost. Councilman Tyler advised council that the unit received on behalf of the fire department will be used by the Bloomingdale Police Department until their department is set up to utilize the equipment which will be in approximately 1½ years and he is requesting that council approve payment of the $3073.14 in expenses related to obtaining these terminals from the General Fund. Councilman Johnson made a motion to pay the $3,073.14 from the General Fund, Councilman Myrick seconded the motion and it passed with six affirmative votes. Councilman Myrick made a motion to amend the 2003/2004 budget to pay this expenditure from funds on hand. Councilman Ray seconded the motion and it passed with six affirmative votes.
Council was advised that the City has received notice from the Georgia EPD that on May 26, 2004 they adopted RULES FOR OUTDOOR WATER USE and under the new rules, Georgians will be required to follow schedules for outdoor water use during both non-drought periods and during periods of declared drought. There are some exemptions to these rules including newly installed landscapes, golf courses and commercial uses. Although the City’s current water shortage/water emergency ordinance allows for the implementation of restrictions on water as required by Georgia EPD, there will need to be some verbiage changed in our current ordinance and this information has been provided to Attorney Dickey. The Georgia EPD will expect all providers to fully implement the RULES FOR OUTDOOR WATER USE no later than August 1, 2004, so the amendments to the ordinance will be placed on the July 15th council meeting agenda. The City’s current ordinance allows for surcharges for high water usages during water shortages and emergencies ranging from a 50% surcharge to a 200% surcharge and outlines penalties for non-compliance of the provisions of the ordinance ranging from a warning to a reconnection fee of $200. Attorney Dickey will need to know if council wants to include these same surcharges and penalties in the amended ordinance. Council agreed that the same surcharges and penalties in the existing ordinance should be included in the amended ordinance.
Mayor Rozier advised council that the City had received an invoice for $600 from Ney & Associates, Inc. for the appraisal of properties located at Main & Maple Streets and before he authorized payment of the bill he wanted council’s approval. Council was reminded that they had authorized this work on January 15, 2004. After several members expressed their concern about the amount of the bill, the Mayor stated he would contact the company to see if the amount could be adjusted. Council agreed to table approval of the bill to Ney & Associates, Inc. until the July 15, 2004 meeting.
Council was advised that the City had received a request from Helen Gilliard to obtain a permit to place a mobile home on her property located off Garvin Street. Ms. Gilliard’s property has no road frontage on Garvin which is a requirement for the issuance of a building permit. The only access to the property is across an adjoining tract of land that is owned by other family members. Council was advised that there used to be dwellings on both of the tracts of land, but both have been gone for years. There is water and sewer service running along the narrow access road that previously served Ms. Gilliard’s residence, but she had only connected to the sewer and the other dwelling was never connected to either service. After a brief discussion of the request, council referred the matter to Attorney Dickey for his review and recommendation at the July 15th meeting.
Mayor Rozier submitted a request from Mike Wedincamp for council to consider the acceptance of Cheyenne Road as a privately maintained access road as outlined on a new survey he is presenting tonight for council’s review. Mike Wedincamp stated that he and Charles Rogers will be dedicating their rights of way for the road and are merely asking for council to accept it as a privately maintained access road. Council asked that the plat include a notation that the road would be privately owned and maintained and it was suggested that the title of the plan be changed from “Sketch” to “Final”. It was noted that attempts to obtain quit claim deeds from all of the property owners along the roadway so the road could be dedicated as a public road have failed and property owners Wedincamp and Rogers will assume the responsibility for maintaining the road. After a review of the plat submitted by Mike Wedincamp and Charles Rogers, Councilman Tyler made a motion to accept Cheyenne Road as outlined on the survey plat as a privately-maintained access road. Councilman Ray seconded the motion and it passed with five affirmative votes from Council members Johnson, Myrick, Ray, Tyler and Waller.
The council was reminded that in July, 2002, they approved a monthly allotment to Mayor Rozier of $57 for the cost of a mobile telephone. The Mayor has transferred his telephone to the City’s Nextel Account and the monthly fee for 600 minutes is $62.99, plus tax. Since this fee will run more than the amount already approved, council needs to discuss changing the monthly allotment. After a brief discussion, Councilman Ray made a motion to approve an allotment of up to $75 per month for Mayor Rozier’s mobile telephone service, Councilman Tyler seconded the motion and it passed with six affirmative votes.
Council was advised the City had received an invitation from the City of Rincon to participate in their 12th Annual Fourth of July parade to be held on Saturday, July 3rd at 10:00am.
Mayor Rozier reported that Attorney Dickey had requested an executive session to discuss some legal matters. Councilman Johnson made a motion to adjourn into executive session. Councilman Tyler seconded the motion and it passed with six affirmative votes.
A copy of the signed affidavit as required by the Open Meetings Law is attached.
After completion of the executive session, Councilman Ray made a motion to return to the general session. Councilman Waller seconded the motion and it passed with six affirmative votes.
After a review of the accounts payable, Councilman Ray made a motion to pay the bills. Councilman Tyler seconded the motion and it passed with six affirmative votes.
Mayor Rozier stated that this concludes all of the items that were submitted prior to the Friday, June 22, 2004 agenda deadline.
Being no further business, Councilman Waller made a motion to adjourn the meeting at 10:55pm. The motion was seconded by Councilman Ray and passed with six affirmative votes.
The Mayor and all council members were present at the meeting.