Official minutes of Council Meeting June 18, 2009
approved by City Council 7-16-09
The meeting was called to order by the Mayor with Councilman Waller leading in prayer. Mayor Tipton presented the draft copy of the minutes of the May 21, 2009 meeting & called meeting of July 1, 2009 for council’s consideration. Councilman Ray made a motion to approve the minutes as presented, Councilman Myrick seconded the motion and it passed with five affirmative votes. Council reviewed the agenda for the June 18, 2009 meeting and Councilman Myrick made a motion to approve the agenda with the addition of the discussion of property acquisition and litigation to the executive session. Councilwoman Winn seconded the motion and it passed with six affirmative votes.
Under administrative and committee reports, Councilwoman Winn noted that the generator at the well was coming on without a power outage and although it had been reported to maintenance, she wanted to make sure the problem had been handled. Public Works Superintendent Ernest Grizzard advised her that the problem had been resolved. The Mayor reported that the City was working with the developer of New Hampstead on the original deeds and easements for the water metering and lift station and this process should be completed soon. Fire Chief Tyler stated that he had been working on acquiring monies through the stimulus program for the construction of the new fire station and outlined some of the requirements for these funds. The Chief noted that information would be available after July 10th as to which projects had met the first round requirements. Fire Chief Tyler provided council with information on the department’s response runs and stated that he was working with Med Star Ambulance Service to get an ambulance stationed in our area. The Chief informed everyone that the MDA boot drive would be held on July 30th, 31st & August 1st and then again on August 13th, 14th, & 15th. Mayor Tipton expressed his appreciated to the first responders for their assistance in several emergencies in the last couple of months.
Council discussed the adoption of an ordinance regarding garbage cans left in rights of way after they have been emptied. The ordinance outlines fines for repeat offenders. During discussions by council and citizens, it was noted that if garbage pickups were missed, the citizens would be exempt from fines provided Republic Waste had been notified. Councilman Strozier pointed out that the City has attempted to remedy the problem by distributing letters to citizens, but this method only worked for a week or two. After the discussion, Councilman Strozier made a motion to approve the first reading of the ordinance, Councilman Ray seconded the motion and it passed with five affirmative votes from Councilmembers Myrick, Ray, Strozier, Waller and Winn. Councilman Rawlings voted against the motion. Councilman Myrick made a motion to dispense with the second reading and adopt the ordinance as presented. Councilman Strozier seconded the motion and it passed with affirmative votes from Councilmembers Myrick, Ray, Strozier, Waller and Winn. Councilman Rawlings voted against the motion.
Mayor Tipton recognized Craig Zuck with Thomas & Hutton Engineering who was representing AMB Property Corporation in their request for a subdivision of their property. The request consisted of dividing a 20.837-acre tract containing Building 100 from the 252.71-acre parcel of The Morgan Tract ‘Q’. Council was advised that the Planning Commission had approved their subdivision request with stipulations regarding property boundaries and the submission of the subdivision to council had been delayed to allow for modifications to the plat. Mr. Zuck informed council that in reviewing boundary maps, it was determined that there were some areas along the property boundary lines of AMB that were still actually in the City of Pooler and this could have some affect on the improvements on the property. Mr. Zuck pointed out that the legal descriptions used in the annexation/deannexation petitions were correct, but the boundary maps were not. Attorney Dickey noted that steps needed to be taken to make these corrections and both Bloomingdale and Pooler would need to address the changes. Mr. Zuck stated he would contact the City of Pooler, AMB, and the Morgans about the matter. Attorney Dickey suggested council table action on AMB’s subdivision request until this matter could be resolved. Councilman Myrick made a motion to table action on the subdivision request as recommended by the attorney, Councilman Waller seconded the motion and it passed with six affirmative votes.
Council reviewed a request from Rose & Hoyle Townsend at #3 Cypress Street for a rear-yard variance for the construction of an addition to their residence. It was noted that the ordinance requires a 25’ rear-yard setback and their request is for a 20’ setback. Ms. Townsend stated that they are planning to purchase the land behind their property, but wanted to start the addition now and there was no objection from Mr. Crosby. After a brief discussion, Councilman Ray made a motion to grant the 5’ rear-yard variance, Councilwoman Winn seconded the motion and it passed with six affirmative votes.
Mayor Tipton recognized Tim Baumgartner with EMC Engineering who has submitted for council’s approval the final payment of Change Order #2, the Pay request #6 (final) of $1972.00 to OCS, Inc., and a recommendation for a 1-year warranty of the park project from May 22, 2009 thru May 22, 2010. During discussions of this matter, Councilman Rawlings reported that there were some washers used in the pavilion that did not appear to be galvanized and felt this needed to be discussed with the contractor. Questions were raised as to why the pavilion was water sealed rather than stained as noted in the contract. Mr. Baumgartner stated that in his discussions with the City Administrator and others, he was asked to check to see which method would be more durable. He pointed out that the water sealing was recommended by the manufacturer and it would keep mold from accumulating on the woodwork. Some members expressed their concern that the change did not come back before the council. Councilman Rawlings stated that the wood on the side benches was very rough and expressed his concern about possible injuries. Public Works Superintendent Ernest Grizzard reported he was working with the engineer to obtain lids for the trashcans and had drilled holes in the bottoms of the cans for the draining of rainwater. Mr. Baumgartner stated he would follow-up with the contractor and see that these items are addressed. After the discussion, Councilman Myrick made a motion to approve the payment of Change Order #2 & Pay Request #6 and accept a 1-year warranty of the park project thru May 22, 2010. Councilman Strozier seconded the motion and it passed with six affirmative votes.
Council reviewed a recommendation from the Bloomingdale Recreation Executive Board on the following appointments to the board: New Members: Laci Guthery – 132 Pine View Crossing, Pooler, GA with a term to expire 6-30-11 and Nathan Schuster – 103 Cross Creek Drive, Pooler, GA with a term to expire 6-30-12. Renewal of members: Melanie Burke, James Cannon, and Debbie Shearouse with terms to expire 6-30-12. Councilman Myrick made a motion to approve these recommendations from the board, Councilwoman Winn seconded the motion and it passed with six affirmative votes.
Mayor Tipton presented information related to the construction of handicapped bathroom facilities and additional storage space at Taylor Park at an estimated cost of $7500 for the engineering work and preparation of construction plans to be included in the FY 2009/2010 budget. Council discussed the possibility of securing this work for less than the estimated $7500 and after a brief discussion, council agreed for the Recreation Committee to see if they could get the work done for less than the estimate. Councilman Myrick made a motion to approve up to $7500 for the engineering work and preparation of construction plans for the construction of handicapped bathroom facilities and additional storage space at Taylor Park with the monies to be included in the 2009-2010. Councilman Ray seconded the motion and it passed with six affirmative votes.
The Mayor presented a recommendation from the Planning Commission for the approval of a proposed amendment to the Walls & Fence Ordinance for council’s consideration. Councilmembers Ray and Myrick stated that the proposed changes did not address the original problem with excluding chainlink fencing in residential and commercial zones. Council agreed the proposed changes needed further study. Councilman Myrick made a motion to table action on the approval of the proposed amendment to the Walls & Fence Ordinance, Councilman Strozier seconded the motion and it passed with six affirmative votes.
Mayor Tipton stated the City had received a request from James Meyers at #18 Stagecoach Road to discuss with council the grass cutting of ditches and ditch maintenance on Highway 80. The Mayor recognized Mr. Meyers’ son-in-law, William McClendon, who stated that Mr. Meyers could not attend the meeting and asked that he be allowed to present the information for him. Mr. McClendon provided photographs for council to review showing the ditch on Highway 80 in front of Mr. Meyers’ property and at Stagecoach Road and Highway 80. Mr. McClendon stated that Mr. Meyers is willing to keep the ditch in front of his property cut, but according to Mr. Meyers, the DOT advised him he could not cut the grass in the ditch. Several councilmembers stated they could see no reason why the DOT would stop him from cutting the ditches. Public Works Superintendent Ernest Grizzard reported that City crews were working on the ditches along Highway 80, but had not yet reached that area. It was noted that there was some rather large growth in the ditches at Stagecoach Road and council asked that Superintendent Grizzard look into clearing these areas. Council agreed that if Mr. Meyers wanted to keep the ditches in front of his property cut, they had no objections and would appreciate Mr. Meyers having the DOT contact the City Hall if they were opposed to him keeping the grass cut. Mr. McClendon thanked council for their time and stated he would advise Mr. Meyers of council’s comments.
Councilman Ray made a motion to adjourn into executive session for the discussion of personnel, litigation, and property acquisition issues. Councilwoman Winn seconded the motion and it passed with six affirmative votes. At the conclusion of the executive session, Councilwoman Winn made a motion to return to the general session and to execute the affidavit as required by the Open Meetings Act. Councilman Ray seconded the motion and it passed with six affirmative votes.
The accounts payable were reviewed with Councilman Ray making a motion to pay the bills. Councilman Waller seconded the motion and it passed with six affirmative votes.
Councilman Waller made a motion to adjourn at 9:00pm, Councilman Ray seconded the motion, and it passed with six affirmative votes.
Mayor Tipton and all councilmembers were present at the meeting.
Note: Section § 50-14-1 of the Official Code of the State of Georgia Annotated requires that the minutes shall, as a minimum, include a description of each motion or other proposal made, and a record of all votes. These minutes meet the minimum requirements. However, in an attempt to provide as much information as possible to the citizens, the recording clerk has included additional background data and discussion on the subjects presented to council. The statements of individuals are not verbatim and may be summary in nature.