October 7, 2004
The meeting was called to order by Mayor Rozier with Councilman Waller leading in prayer. After the minutes of the September 16th meeting were approved, Mayor Rozier recognized Tom Gehl with GMA who presented Senator Eric Johnson with the “Champion of Georgia Cities” award.
Fett Burke, General Services Supervisor, reported that City crews had cleared most of the property owned by William McAllister located at #14 Osteen Road, but had not attempted to have any of the debris hauled away. Mr. Burke stated that the cost of labor and equipment to date totaled $1677.14, but estimated it would cost another $3,000 to have the debris removed from the property. Councilman Johnson asked if the limb grinder could be used for the removal of any of the debris, but was advised by Mr. Burke that it contained too much rock and dirt and there was wire fencing tangled in some of the limbs. Councilman Wedincamp asked if the debris could be burned and was advised that with the amount of dirt in the pile it probably would not burn very well. Attorney Dickey pointed out that City’s ordinance does not allow for the cost of the clearing project to be collected by a property lien, but we could file a lawsuit against the owner if the expenses were not reimbursed to the City in a reasonable length of time. Attorney Dickey suggested that council consider making some changes to the ordinance to allow for a lien to be filed against the property to collect these type expenses when an owner fails to handle the problem on their own. Councilman Wedincamp made a motion to send the owner, William McAllister, a bill for the $1677.14 in expenses incurred to date. Councilman Johnson seconded the motion and it passed with five affirmative votes.
The council was advised that David Hicks had not yet picked up the registered letter mailed to him on September 21, 2004 advising him that he has fifteen (15) days from the receipt of the letter to submit information required by the City to continue the temporary service to their non-conforming mobile home at #1301A E Hwy 80. After a brief discussion, Attorney Dickey advised council to wait until after the registered letter has either been picked up by Mr. Hicks or returned by the post office before taking any further action regarding this deadline.
A workshop was scheduled for November 9, 2004 at 7:00pm to discuss changes to the group development ordinance.
Due to Councilman Tyler’s absence, discussion of the bids on increasing the size of the water lines at the eastern end of the City was postponed.
Council was advised that a request had been received from Marty Jones for a letter from the Mayor and Council explaining why issuance of a home occupation license request submitted by his wife, Cindy Jones, at the September 16th meeting was denied. At the advice of Attorney Dickey, council agreed to send Mr. Jones a copy of the minutes of the September 16th meeting outlining the discussion about this matter.
Mayor Rozier informed council that according to Ron Kolatt the invoices from Carter & Sloope totaling $6324.97 which included fees from hydro geologist and other technical assistance related to the City’s lawsuit against EPD was not a duplicate billing for Harold Gill’s services and were separate charges from those billed through Attorney Barbara Gallo. Based on this information, the Mayor stated that the City was responsible for the payment of these invoices and he would approve them for payment.
Attorney Dickey reported that he had reviewed information from other cities and counties regarding thresholds for obtaining bids on projects and found the amounts varied from $2,500 to $5,000. During the discussion concerning bidding procedures, Councilman Wedincamp questioned why the City did not use more than one company for the hauling of dirt since there were three or four of these type businesses in the area and pointed out that maybe we should try a rotation system. Councilman Johnson pointed out that the City used this type system in the past for wrecker service, but found that it was best to have a contract with one company and that was why we currently used Sapp’s. After discussing the options, it was suggested that maybe we could try obtaining bids from dirt haulers on an annual or semi-annual basis since this seemed to work well on our fuel bidding process. Fett Burke pointed out that we needed to make sure the business could provide the service in a timely manner because quite often we need the dirt on
short notice and if a company only has one truck and one driver, this could cause a problem. Council agreed that we should establish an amount as the threshold, but also develop specific
guidelines for obtaining prices for any work to be done for the City with the possibility of a quorum of the council committee being able to sign off on these other purchases. The matter was tabled until specific guidelines could be prepared.
The Mayor reported that he and Councilman Wedincamp had met with a representative from Thomas & Hutton Engineering regarding the relocation of the drainage ditch at Oak Street.
Mayor Rozier reported that Thomas & Hutton Engineering was preparing a letter for the City to send out to all the citizens regarding the survey work that will soon be underway for the upgrading and improvements to the City’s stormwater system. This letter will alert the citizens that the workers would be out in the neighborhoods and they have been authorized by the City to perform the survey work.
Council was advised that Attorney Dickey has prepared the de-annexation ordinance for the Morgan Family’s property consisting of 29.90 acres for council’s approval. It was noted that the City of Pooler has taken the first reading on the de-annexation ordinance of the portion of the Morgan Family’s property to be annexed into Bloomingdale; however, in order for the City of Pooler to annex the portion currently in Bloomingdale, we must officially de-annex it. After a brief discussion, Councilman Ray made a motion to approve the first reading of the de-annexation ordinance. Councilman Waller seconded the motion and Council members Johnson, Myrick, Ray & Waller approved the motion with Councilman Wedincamp abstaining. Councilman Myrick made a motion to dispense with the second reading of the ordinance. Councilman Johnson seconded the motion and the motion passed with Council members Johnson, Myrick, Ray & Waller voting for the motion. Councilman Wedincamp abstained from voting. Councilman Johnson made a motion to approve the de-annexation ordinance contingent on the City of Pooler’s final approval of the ordinance de-annexing the 29.90 acre portion that is to be annexed into Bloomingdale. Councilman Ray seconded the motion and it passed with affirmative votes from Council members Johnson, Myrick, Ray & Waller. Councilman Wedincamp abstained from voting.
Council was advised that the City has received a request from Jimmy Kerby for council’s approval of a recombination of Lot #127 and #126 and with Lot A of a subdivision of Lot #129. The lots are located at the end of Chestnut Street with one lot facing Ash Street. A copy of the plat showing the proposed recombination was distributed for council’s review. It was noted that there is no increase in the number of lots and all of the lots will maintain the required road frontage, square footage, and setbacks. After a review of the recombination plat, Councilman Waller made a motion to approve the request from Jimmy Kerby, Councilman Myrick seconded the motion and it passed with five affirmative votes.
Mayor Rozier recognized Junior Bragg who presented a request on behalf of Don Amerson to allow the issuance of a building permit for his lot on Poplar Street pending the completion of the opening of the portion of Poplar Street to DOT specifications. Councilman Johnson, Chairman of the General Service Committee, along with Fett Burke and Ernest Grizzard, has surveyed the work that has already been done to develop the road. Mr. Bragg indicated that due to the heavy rains that have occurred over the last several weeks, it will take some time for the roadway to dry out so he can complete the project. However, due to financial commitments with his construction loan, Mr. Amerson needs to get started on his house. Committee members Tyler and Wedincamp had been asked to check the road prior to tonight’s discussion of the request. There was some concern expressed about the boggy conditions that still exist on the property and questions were raised as to whether or not heavy trucks could even travel onto the lot. Councilman Johnson asked Attorney Dickey if the City could issue the permit with stipulations that the road must be finished before it could be occupied and was advised by Attorney Dickey that the matter could be handled in this manner. After discussing the request, Councilman Johnson made a motion to allow the issuance of the building permit with the stipulation that before the final electrical power and the certificate of occupancy is issued, the portion of the road being opened by Mr. Amerson would have to meet DOT specifications and be approved by the council. The motion was seconded by Councilman Waller and passed with five affirmative votes. It was noted that prior to the issuance of a permit and agreement outlining these stipulations would have to be signed by Mr. Amerson.
Council reviewed a request from Kevin & Kay Heritage for the renewal of their “hardship” secondary mobile home permit issued for the dwelling on their property located at #1230 Bloomingdale Road. The mobile home is occupied by Kay’s mother, Ho-Shim Shaw, who suffers from medical conditions requiring the assistance of a family member on a full-time basis. Council was informed that Ms. Heritage has provided a letter from Ms. Shaw’s physician as required by the ordinance and the ordinance allows for the renewal of the permit for up to six months at a time. After a brief discussion, Councilman Myrick made a motion to renew the mobile home permit as requested by the Heritages for six months. Councilman Ray seconded the motion and it passed with five affirmative votes.
Mayor Rozier presented a request from Ken Schroeder who resides at #207 Cypress Street for a home occupation license to operate the “office only” of a contracting business from his residence. However, since Mr. Schroeder was not at the meeting, the request was postponed until he could attend.
Council was advised that the City had received a request from Walter Cason to obtain a home occupation license to operate a mobile tool sales and service business (Snap on Tools) from his residence located at #809 E. Hwy 80. Mr. Cason obtained a license in 2003 for one (1) mobile unit; however, he failed to renew the license in a timely manner for 2004, so it has expired. Also, since the home occupation license request involves a second truck, it must come back before council because there has been a change from the original request. Councilman Johnson stated that the problem with the license would be due to the second truck and he asked Mr. Cason if the driver of the second truck could park it at his residence. Mr. Cason stated that his agreement with the tool company required him to provide a secure place for the vehicles and he had them in a fenced-in area on his property. Councilman Johnson made a motion to hold a public hearing to receive citizen input on the home occupation license request. Councilman Myrick seconded the motion and it passed with five affirmative votes. It was noted that the public hearing would be scheduled during the November 4th council meeting to allow adequate time for advertising.
Council reviewed a request from JoAnn Elkins at #133 Conaway Road to operate the “office only” of an air conditioning filter changing business and a pickup/delivery of motor homes/buses business from her residence. Ms. Elkins indicates that she will be the only employee and there will be no outside traffic related to the business coming to the residence. Councilman Johnson asked Ms. Elkins to explain the pickup/delivery business. Ms. Elkins stated that she would move a motor home or bus from one location to another at the request of a customer, but these vehicles would not be driven to or from her residence. Ms. Elkins also explained that she would be using her personal vehicle when going on filter changing calls and the used filters would be disposed of at the place of business where she did the work. After this discussion, Councilman Waller made a motion to waive the public hearing requirement. Councilman Ray seconded the motion and it passed with five affirmative votes. Councilman Myrick made a motion to issue the home occupation license as requested by JoAnn Elkins, Councilman Johnson seconded the motion and it passed with five affirmative votes.
Mayor Rozier reported that at their September 21st meeting, the Planning & Zoning Commission members discussed the appointment of a permanent chairman and since no other member was interested in serving in this capacity, they voted to appoint Andrew Rawlings, who has been serving as Interim Chairman, to the Chairman’s position.
Council was advised that the Planning & Zoning Commission has scheduled two public hearings for October 19, 2004 related to rezoning requests. The rezoning requests consist of a rezoning from R-1 to C-1/PDOD for a 1.54 acre tract on Highway 80 owned by Del Ferguson and the development of a PUD zone for approximately 16.7 acres of property owned by Mike Wedincamp and Charles Rogers on Cheyenne Road that is currently zoned RA-1. It was noted that council needs to authorize the submission of these rezoning requests to the zoning consultant, Bill Saxman, for his review and comments with any costs related to the review being the responsibility of the developers. Councilman Waller made a motion to forward a request for his review of the rezoning applications to Bill Saxman. Councilman Myrick seconded the motion and it passed with four affirmative votes with Councilman Wedincamp abstaining from voting.
The council was informed that the process for the establishment of the zoning for the Morgan Family’s property proposed for annexation into the City needed to be started. However, the agenda deadline for the Planning & Zoning Commission passed prior to the de-annexation of this property by the City of Pooler and the agenda would need to be amended for this request to be presented from the City. Councilman Wedincamp expressed his concern that the establishment of the agenda deadline was to give members a chance to review information that was on the agenda prior to a meeting and he felt this deadline should be met. Council was advised that the first step in establishing the zoning would be to schedule a public hearing and if this matter was added to the Planning & Zoning Commission’s agenda the only thing they would do at the October 19th meeting would be to schedule the hearing. After a brief discussion, Councilman Myrick made a motion to request that the Planning & Zoning Commission consider amending their agenda to include a request from council to proceed with the steps needed to establish the zoning for the 29.90 acres of property owned by the Morgan Family that is proposed for annexation by the City of Bloomingdale. Councilman Johnson seconded the motion and it passed with five affirmative votes.
The Mayor stated that GMA has submitted a request for the City’s continued participation in the Annual Mayors’ Christmas Motorcade by providing gifts for patients in the Georgia Regional Hospital. The 2004 Christmas season marks the 46th anniversary of this event and in previous year’s the council has agreed to donate up to $200 in gifts to the hospital for its patients. After a brief discussion, Councilman Johnson made a motion to contribute $200 in gifts to the Georgia Regional Hospital this year. Councilman Wedincamp seconded the motion and it passed with five affirmative votes.
Mayor Rozier reported that this concluded all of the items that were submitted prior to the agenda deadline of Friday, October 1, 2004.
Council was advised that Councilman Johnson had requested an executive session to discuss a personnel matter. Councilman Johnson made a motion to adjourn into executive session, Councilman Ray seconded the motion and it passed with five affirmative votes.
After the executive session ended, Councilman Ray made a motion to return to the general session and the motion was seconded by Councilman Myrick. The motion passed with five affirmative votes.
Councilman Johnson made a motion that the Mayor and City Council change Attorney Raymond Dickey’s appointment as Interim City Attorney to that of a permanent City Attorney. The motion was seconded by Councilman Myrick and was approved with five affirmative votes.
The accounts payable were reviewed. Councilman Ray made a motion to pay the bills, Councilman Myrick seconded the motion and it passed with five affirmative votes.
Being no further business, Councilman Waller made a motion to adjourn at 8:00pm. Councilman Johnson seconded the motion and it passed with five affirmative votes.
Mayor Rozier and Council members Johnson, Myrick, Ray, Waller and Wedincamp were present at the meeting.