March 17, 2005
The meeting was called to order by Mayor Rozier with Councilman Ray leading in prayer. The minutes of the March 3rd meeting were reviewed. Councilman Ray made a motion to approve the minutes, Councilman Johnson seconded the motion and it passed with four affirmative votes.
Attorney Dickey reported that there has been no new information received regarding the City’s lawsuit against EPD regarding water permit issues and he pointed out with the recent shootings in the courtroom in Atlanta, there may be some delays related to pending lawsuits.
Mayor Rozier advised council that David Hicks was on tonight’s agenda to discuss removal of the non-conforming mobile home located at #1301A E. Highway 80, but since he is not here, the discussion will be passed to a future meeting.
Attorney Dickey stated that he had contacted Kenneth Sikes and advised him of the steps he needed to take regarding the cleaning up and securing of his property located at #308 Pine Street. Attorney Dickey reported that he informed him that he needed to clean up the yards and lock and board up the structure for safety purposes.
The Mayor asked Councilman Wedincamp if he had an update on the construction plans and calculations regarding the extension of the sewer service to the pending PUD on Cheyenne Road that were to be submitted to the City by his engineers. Councilman Wedincamp asked that discussion on this issue be delayed until his engineer arrived at the meeting. Prior to the close of old business Toss Allen with Southeast Environmental and Engineering presented some information on behalf of the developers of the pending PUD on Cheyenne Road. Mr. Allen explained that he was still working on the preparation of the data regarding the extension of the sewer service to this development and he stated that E-1 had been providing him with some of the information needed to complete the calculations. Mr. Allen pointed out that in order to provide adequate calculations regarding the sewer service for the development; he had to review the City’s existing system to determine the remaining capacity on the sewer mains that are already installed. Mr. Allen reported that this information had to be researched not only for this development but for future expansion of sewer service to other developments. Councilman Johnson asked if the development on Cheyenne Road was going to require a lift station for the sewer service to work properly and Mr. Allen stated that he was not sure at this time. It was noted that 3” and 4” sewer mains are located along portions of Main Street, but only 2” mains are available on Osteen Road and Hwy 80 near this development. Mr. Allen advised council that there was some information received from E-1 that indicated the City’s sewer lines may not be constructed as originally thought because according to their calculations, the system would not work that way. Councilman Wedincamp stated that he felt the sewer issues related to the development should be separate from the approval of the design because the City had the waste treatment capacity to provide the sewer service, but until this research was completed, the developers did not know what size sewer mains they were going to have to install. Councilman Wedincamp asked Mr. Allen how long he thought it was going to take before he could provide the City with the calculations regarding the sewer main capacities and was advised that he did not know for sure, but he hoped to have the information in a couple of weeks. The matter was tabled until Southeast Environment and Engineering could provide this information.
Attorney Dickey reported that he had reworded the resolution requested by the City of Pooler regarding Bloomingdale’s acceptance of the maintenance of the proposed improvements to Wildcat Dam Road. Attorney Dickey pointed out that the name of the developer and the contractor needed to be obtained to complete the resolution and once that information was filled in the resolution could be executed. Mayor Rozier stated that he would contact Dennis Baxter and get this information.
The Mayor informed council that B & P Development had contacted the City and advised us that their subdivision development at Main and Osteen Road has been temporarily delayed due to some wetlands issues.
Mayor Rozier pointed out that at the March 3rd meeting, council had approved the acceptance of the bids from Yancy Power Systems for generators for Well #1 and the public safety building currently under construction. Based on information included on the bid documents, council was informed that it will take from 16 to 18 weeks to receive the equipment once it is ordered. The Mayor stated that council needed to authorize the issuance of purchase orders for these generators with the costs to be included in the budgets for the Water & Sewer Fund and the SPLOST Capital Project Fund for FY 2005/2006. After a brief discussion, Councilman Johnson made a motion to issue these purchase orders and include the costs in the FY 2005/2006 budgets as noted. Councilman Ray seconded the motion and it passed with four affirmative votes.
Council was advised that an amendment to the FY 2004/2005 budget needed to be approved to include the fees for the contract attorney appointed at the March 3rd meeting to handle indigent defense cases in Bloomingdale’s Recorders Court. It was noted that these fees will be disbursed from the legal fees line item in the administration budget and the approximate cost will be $700 for the months of March, 2005 through June, 2005. Councilman Ray made a motion to approve the budget amendment as outlined above, Councilman Waller seconded the motion and it passed with four affirmative votes.
Mayor Rozier informed council that he had talked with D.K. Morgan about the status of the improvements to the property he owns at #1720 E. Hwy80 that were to be completed by tonight’s meeting and was advised by Mr. Morgan that he had not yet finished all of the work. It was noted that the improvements included the construction of handicapped bathroom facilities in the building at the rear of the property, parking at the rear of the building to include a designated handicapped parking space and the posting of “No Parking Signs” along the access easement from Highway 80 to the building in the rear. Councilman Johnson stated that according to information that he had received there was also some electrical work that needed to be done. Council agreed to give Mr. Morgan until the next meeting to have the designated work completed.
Attorney Dickey stated that he had reviewed the City’s Sewer Ordinance and although it did address issues related to the disposal of grease into the sewer system, he felt that the adoption of an ordinance requiring grease traps was still needed. Attorney Dickey explained that grease traps would be required for new construction of certain types of commercial businesses and any old construction converted to a commercial business that generates the types of waste outlined in the ordinance. After council discussed issues related to the application of the ordinance, Councilman Johnson made a motion to approve the first reading of the ordinance, Councilman Ray seconded the motion and it passed with four affirmative votes. It was noted that the second reading and approval of the ordinance will be on the April 7, 2005 council agenda.
Mayor Rozier reported that representatives with Thomas & Hutton Engineering were scheduled to attend tonight’s meeting to provide council with an update on the data collection phase of the Drainage Master Plan that is being prepared for the City, but since they were not present they will be placed on a future agenda.
The Mayor advised council that he had received a request from the Chatham County Commission to adopt a resolution in support of adequate funding and reimbursement for state detainees and/or prisoners. Council was informed that the City of Savannah had adopted a similar resolution on March 3rd and all cities were encouraged to take this same action. Attorney Dickey stated that he had reviewed the resolution and found it to be in order. After a brief explanation by Attorney Dickey of the issues related to this matter, Councilman Ray made a motion to adopt the resolution. Councilman Johnson seconded the motion and it passed with four affirmative votes.
Mayor Rozier recognized Dixie Williams who had submitted a request for a home occupation license to operate the “office only” of a painting contracting business from her residence located at #445 Adams Road. Ms. Williams indicated on her application that there will be three (3) employees working with her and stated that she understands the stipulation that there can be no outside traffic related to the business coming to her residence. The Mayor asked Ms. Williams about her plans for the cleaning of painting equipment and storage of paint cans. Ms. Williams stated that all cleaning of brushes and equipment will be done at the job site and she planned to leave any unused paint with the customers. Ms. Williams advised council that she would not be storing any supplies related to the business at her residence. Based on her understanding of the stipulations related to the home occupation license, Councilman Waller made a motion to waive the public hearing requirement. Councilman Johnson seconded the motion and it passed with four affirmative votes. Councilman Johnson made a motion to issue the home occupation license as requested by Dixie Williams for the “office only” of her painting contracting business to be operated from her residence located at #445 Adams Road. Councilman Wedincamp seconded the motion and it passed with four affirmative votes.
Council discussed the meeting schedule for the summer months. After a brief discussion, Councilman Waller made a motion to hold only one council meeting during the months of June through September with the scheduled meeting to be held on the third Thursday of the month. Councilman Johnson seconded the motion and it passed with four affirmative votes.
Councilman Waller reported that the Personnel Committee had met last week and after interviewing applicants for the City auditing position was making a recommendation on behalf of the committee in the form of a motion to appoint the firm of Karp, Ronning & Tindol to perform the City’s audit for Fiscal Year ending June 30, 2005 at a cost of $8500. Councilman Ray seconded the motion and it passed with four affirmative votes.
The Mayor reported that in December, 2004, the City had received a request from Inez Singleton Jones to be placed on tonight’s agenda to discuss with council some land development and utility issues regarding property located at #1203 E. Main Street, however, Ms. Jones was not present at the meeting to present this information.
Mayor Rozier recognized Andrew Rawlings, Chairman of the Planning & Zoning Commission, who presented the following information for council’s consideration:
1) Council was informed that a request had been submitted by James Arnold, Donald McCullough and Roy Joyner to rezone their properties located on U.S. Hwy 80 from R-1 to C-1/PDOD and the Planning & Zoning Commission was recommending the approval of the rezoning request and development plans. Council was advised that the acceptance of the development plan for these three (3) parcels, along with the four (4) parcels owned by Del Ferguson, would be part of the rezoning approval. Copies of comments received from Denise Grabowski with Lott Barber Architects regarding their rezoning request and the development plan had been distributed for council’s review. It was noted that the revised development plan that was to address some of Ms. Grabowski’s comments had not been delivered to her by the developer prior to the public hearing held on March 15th, so she has not had an opportunity to review them. Council discussed the need to have the zoning consultant review the plan before its acceptance and it was suggested that a decision on the rezoning be postponed until Ms. Grabowski could provide her comments on the revised development plans. Councilman Wedincamp expressed his concern about delaying a decision on this matter. Mayor Rozier stated that he had attended the Planning & Zoning Commission meeting and it was his understanding from Del Ferguson that he had no problems with a postponement on the approval of the rezoning issue since there had been a delay in the delivery of the plans to the consultant. It was noted that Ms. Grabowski had asked that the revised plans be submitted to her by March 11, 2005 so she would have time to review them and provide her final comments before the March 15th public hearing and meeting, however, the plans were not submitted by that date. Ms. Grabowski advised the City Clerk on the morning of March 14th that she had talked with Mark Boswell and he was to deliver the revised plans to her before the end of that day, however, he did not get them to her. When the City Clerk talked with her on the morning of March 15th and was advised that the plans had not been delivered, the clerk took her a copy of the revised plans, but Ms. Grabowski did not have an opportunity to review them and provide comments before the public hearing held that evening. After additional discussion, Councilman Ray made a motion to postpone a decision on this rezoning issue until Ms. Grabowski has had an opportunity to review the revised development plans and provide her comments to council. Councilman Johnson seconded the motion. The motion received affirmative votes from Councilman Johnson and Councilman Ray with Councilman Waller and
Councilman Wedincamp voting against the motion. Since there was a tie vote, the Mayor voted on the issue. Mayor Rozier voted for the motion to
postpone a decision on the rezoning issue until after Ms. Grabowski’s review of the plans, so the motion was approved.
Councilman Wedincamp stepped down from the podium for the next matter of business:
2) The council was advised that a proposed amendment to the pending PUD located on Cheyenne Road had been submitted by Mike Wedincamp and Charles Rogers for Planning & Zoning Commission’s consideration. The proposed amendment was to allow for a change in the access road into Phase #2 and to include duplex patio homes on all pads for Phases 1 & 2. A copy of the comments received from Denise Grabowski regarding the proposed amendment has been distributed for council’s review. Chairman Rawlings stated that the Planning & Zoning Commission was recommending that the amendment to the pending PUD be approved. Toss Allen with Southeast Environmental and Engineering presented a revised plan for the amendment to council for review—it was noted that this plan had not yet been reviewed by Denise Grabowski with Lott Barber Architects. Councilman Ray pointed out several issues that had been raised by Ms. Grabowski and council discussed her comments. Councilman Wedincamp stated that he had already submitted several of the items to the City Hall. Council was advised by the City Clerk that copies of all information submitted by the developers to the City Hall had been forwarded to Ms. Grabowski along with a cover sheet outlining the action that had been taken on the proposals regarding this property since the original submission of subdivision plans in July, 2003. Councilman Johnson asked the engineer if the revised plans addressed the issues that were raised in Ms. Grabowski’s comment letter dated March 14, 2005 and Mr. Allen stated that he felt that the plans included the information. Councilman Johnson requested that he go over the information with council. After this discussion, Councilman Johnson asked Councilman Wedincamp for his comments regarding the development. Councilman Wedincamp pointed out that they were trying to provide nice, duplex patio homes for the area that would include a gated community with amenities for the residents. Councilman Wedincamp stated that they were trying to keep as much buffer as possible between the existing residents in the area and the new development and wanted to save as many trees as possible. Councilman Johnson asked who would be maintaining the grounds until the development is finished. Councilman Wedincamp stated that the developers would maintain all areas until the project was at least 50% complete. After that time the homeowners association would be established by the duplex owners and the owners would then be responsible for the maintenance of the properties. Council discussed the sewer issues that were still unresolved regarding the PUD and Councilman Wedincamp stated that he did not feel this should delay the approval of the amendment or the PUD ordinance because he knew that before they could obtain any building permits the developers would have to provide adequate sewer service to the properties and the City would have to approve their construction of the mains and/or equipment. After continued discussion by council members and the developers, Councilman Johnson made a motion to approve the amendment to the plans for the pending PUD on Cheyenne Road as submitted by Mike Wedincamp and Charles Rogers to allow for a change in the access road into Phase #2 and to include duplex patio homes on all pads for Phases 1 & 2 with the stipulation that the developers agree to install, at their expense, the size sewer mains and all other equipment necessary to provide adequate City sewer service to the proposed development as shown on the plans presented to council at the March 17, 2005 meeting. Councilman Waller seconded the motion and it passed with three affirmative votes.
Councilman Johnson advised Councilman Wedincamp that contrary to whatever he or anyone else may think, there was no one on the council or the staff that were trying to stand in the way of this development.
Councilman Wedincamp returned to the podium
Mayor Rozier stepped down from the podium for the next matter of business
3) Mayor Pro-tem Johnson stated that two minor subdivisions had been submitted to the Planning & Zoning Commission for Mayor Rozier’s properties located off Adams Road. One subdivision consisted of two lots and the other one of three lots. These minor subdivisions were both being served by 60’ privately-maintained access easements and the lots met the minimum lots sizes and road frontage. Chairman Rawlings reported that the Planning & Zoning Commission was recommending the approval of both minor subdivisions. It was noted that since the lots would be served by septic tank systems, the Chatham County Health Department would have to approve the minor subdivisions and sign off on the plats. Mayor Rozier stated that he understood this requirement. Councilman Waller made a motion to approve the two minor subdivisions as presented by Mayor Rozier for his property located on Adams Road with the stipulation that they receive approval from the Chatham County Health Department and the health department signs off on the plats. Councilman Ray seconded the motion and it passed with four affirmative votes.
Mayor Rozier returned to the podium
The Mayor reported that this concluded the items that were presented by the Friday, March 11, 2005 agenda deadline.
During committee reports, Councilman Wedincamp stated that the Planning & Zoning Commission members were trying to review the zoning ordinances, but were having problems with some members attending on a regular basis. It was noted that copies of the Recreation Executive Board by-laws had been distributed to the Planning & Zoning Commission for their review in adopting some attendance guidelines for their members since this problem had been addressed in the by-laws established by the board. Council was advised that some sound-proofing materials were being installed at the community building. Chief Gossett reported that he had contacted the property owner at Douglas Plaza who had moved one of the signs back onto the property out of the line of vision of vehicles exiting Douglas Court. The Chief pointed out that one of the main problems is the phone box at the corner of Hwy 80 and Douglas Court is causing problems for vehicles as they have to pull up close to Hwy 80 to see oncoming vehicles and he had talked with the phone company about moving the equipment box. Chief Gossett stated that the officers were currently conducting road checks in the area.
Mayor Rozier reported that the City Hall would be closed on Friday, March 25th in observance of Good Friday.
The accounts payable were reviewed with Councilman Ray making a motion to pay the bills. Councilman Johnson seconded the motion and it passed with four affirmative votes.
Being no further business, Councilman Waller made a motion to adjourn at 8:15pm. Councilman Ray seconded the motion and it passed with four affirmative votes.
Mayor Rozier and Council members Johnson, Ray, Waller and Wedincamp were present at the meeting. Councilman Myrick was working and Councilman Tyler was sick.