Official Minutes of the October 19, 2017 Council Meeting

Approved by City Council at the November 2, 2017

 

The Council meeting was called to order by Mayor Rozier with Councilman Myrick giving the Invocation. Councilmembers Griffin, Grizzard, Kerby, Key, Myrick, Otto, City Attorney Dickey, City Administrator Akridge and City Clerk Diane Proudfoot were present.

 

Councilman Myrick made a motion to approve the draft copy of the minutes of the October 5, 2017 council meeting. Councilman Grizzard seconded the motion and it passed without opposition. Councilman Myrick made a motion to approve the agenda of the October 19, 2017 council meeting with deletion of number 4. Councilman Kerby seconded the motion and it passed without opposition.

 

ADMINISTRATIVE AND COMMITTEE REPORTS:

 

Councilwoman Griffin reminders:

Friday, October 27th Bon Fire at 6:15pm at Taylor Park
Saturday, October 28th Homecoming Parade with lineup at 8:00am at Bloomingdale Elementary School - parade will begin at 8:30am - games at Taylor Park at 10:00am

If interested in putting in a float, golf cart, etc please contact George Foley at Taylor Park

Councilman Myrick thanked the History Society for the Fall Market that brought over 72 vendors to the city and for providing a "Meet the Candidates" area during the event. Also wished to thank Tammy Myrick, Diane Proudfoot and Ernest Grizzard for the work getting the spaces set up. There is also a Fall Decorating Contest going on and encouraged more people to participate. There are several fall festivals going on this weekend Bloomingdale Alliance Church from 4:00 to 8:00 and Westside Christian Church from 5:00 to 9:00. Resurfacing of Pine Barren Road from Taylor Park to the sharp curve is underway.

Mayor Rozier reported that he will host a low country boil at his house on Saturday, October 28th to meet the candidates who are running for election.

 

OLD BUSINESS:

 

1. Consider minor subdivision submitted by Ray DeMott for property at Towles Road & Jimmy DeLoach.

Terry Coleman with Coleman Company stated they are requesting for the approval of the minor subdivision and noted the site plans would have to come back to council for approval. Councilman Myrick wished to recap there was a berm and wetlands issue and felt most of this was taken care of. He also stated that Mr. Gaddy Turner has acknowledged that he does not wish to have a berm abutting his property. Prior to a vote, Mayor Rozier opened the floor for citizen input.

Terry Landing owner of 150 & 155 Towles Road expressed concerns that the last time he was here for discussion of the DeMott Development he had the impression there was going to be a road behind his property, there was going to be a berm put in and the operation would run quietly but it is far from that. He can sit on his porch and see the trucks, smell diesel fuel, hear the trucks in & out, they idle all night even though the full operation hasn't started yet, the value of his property has taken a tremendous drop on both tracts he owns, there is a major necessity for the berms to be put in and would be the only answer for them to continue to live there, he is also concerned that he has never been told that they have wetlands, he discussed the road that has been put in and he observed a school bus one day and if a truck had tried to turn in there is not enough room, the road is not safe, the bottom line is they were told there would be a road and there would not be encroachment on the existing private road, they thought the entrance would be toward Pooler, they were told their property value would be around $125,000 with a road behind his property so they felt they could sell out but that did not happen and now they can't sale - he mentioned there was previous discussions where they were told they could rezone their property and be a part of the development, their property would have more value, he was concerned that the minutes did not reflect the issues of the road and berm - he apologized for being upset but this has hurt his home, property, health, life and life of his family.

Mitchell Bryant 105 Towles Road would like to see a water truck keep the road wet to cut down on the dust and help with breathing issues, the trucks are in and out all night stopping right in front of his house interfering with sleep.

Margie Landing - 150 & 155 Towles Road concerned the trucks are in and out at all hours, they sleep there, the trucks are running all night, lights are on all night, she requested that the developer install the berms to protect the citizens, the road as it is right now is unsafe, concerned on how this development encroached on the private road, why wasn't the property owners notified that the road they have used for over forty years was being changed.

Councilman Kerby stated the operation is to be 7:00 to 5:00 and read the minutes of the March 17, 2016 City Council meeting: "Consider Site Plan for Ray DeMott for a Container Yard at Towles Road and Jimmy DeLoach Parkway.  Terry Coleman of Coleman Company stated Mr. DeMott wishes to utilize the property for container storage and container stacking for port related activity.  For this development they would like to continue to utilize the haul road that exist and pave the entrance about 500 going into the project at Jimmy DeLoach.  Mr. DeMott has future plans to market the front area of the property for warehouses.   The existing pond is being filled but enough will be left to supply the necessary detention.  It was discussion at the Planning Commission meeting of a berm to buffer the adjacent residential properties and council expressed a desire to protect the residential areas.  Mr. Coleman stated the berm would be about 12 with a 2 to 1 ratio which would be 4 across the top and 52-54 of total width with natural growth and further stated it would be similar to the berm at Southbridge.  Councilman Kerby stated he would like the hours of operation to be between 7:00am to 5:00pm.  Councilman Myrick made a motion to approve the site plan with a 100 apron along Jimmy DeLoach and

Official minutes 10-19-17 council meeting (page 2):

 

the described berm along the residential properties.  The motion was seconded by Councilman Otto and passed with affirmative votes from Councilmembers Griffin, Grizzard, Key, Myrick and Otto.  Councilman Kerby opposed the motion."

Councilman Kerby encouraged the citizens to call 911 for any afterhours operation that is going on.

Councilman Otto stated the wetland issue came to their knowledge at a later date and council would revisit the matter.

Mrs. Landing pleaded with each council members to ride over and check out the road, to drive it to see how it is and pointed out that the development hasn't even got going yet.

Mayor Rozier pointed out when the wetlands was brought up there was concern that if the 50' berm is put in would it cause the water to run on the Towles Road property, he also mentioned that Mr. DeMott tried to work with Mr. Jones who according to SAGIS is the owner of Towles Road and the very back property.

Jeff Busbie 170 Towles Road stated he is concerned with the drainage of the development and stated he has spent thousands of dollars to protect his property, the ditch behind him is a deadend at the property line, the water drains through his property to a ditch in his front yard, he had to put in a pump to move it, the road washes out so he has been maintaining it. He is concerned that the turn into Towles Road should be widened. He understands there will not be a road behind their property but he is asking the City to fix the issues.

Councilman Kerby questioned Attorney Dickey regarding the water shed onto the adjacent property.

Attorney Dickey referred to the minutes Councilman Kerby read stating the approved plan had a berm but only so far but didn't have a berm in the wetlands and also stated the ordinance only requires a 10' buffer. Councilman Kerby wanted to be sure that council could put protection in place and Attorney Dickey reminded him the matter under consideration is a subdivision and not a site plan but during the site plan process conditions can be placed on the approval.

Councilwoman Griffin stated when the site plan was previously voted on the citizens were in agreement with the plan and now there is a problem and hopes we can get with the developers to resolve the issues, Towles Road has always been an area of concern and the property owner of the road was not willing to work on an agreement. Safety is a major concern and all of council put that as a priority, she wishes that anytime conditions are placed on a property the conditions should go to the next owner, she ask if the citizens had an issue with the subdivision that is for consideration tonight but they stated they do not have enough information to be familiar with the matter.

Terry Coleman engineer for the DeMott property informed that the subdivision has been reviewed by the engineer - Mayor Rozier stated he was not ok with the road and he heard Mr. Jones had sold his property, Mr. Coleman stated the road could be looked into but they were threatened to be sued by Mr. Jones so everything had to be done within the DeMott property which is the way it has been installed. Mr. Landing stated he had been in contact with Mr. Jones and Mr. Jones claimed he was under the impression there was going to be a road also but was corrected by Councilman Myrick who stated there had been conversation with Mr. Jones to change the access who was receptive. Mr. Landing stated he just wants a better road. Mr. Coleman stated they had spoke with Mr. Jones and he was in agreement to work together to best serve both properties but on next call throw out a unacceptable number for the little portion of road. Mr. Coleman stated that when the meeting was held regarding installing a road the owner at that time never came back, it was never voted on, the previous owner never came back, then the property was taken by the bank and sold. Upon getting involved for Mr. DeMott the wetlands were discovered and approval would never be granted to fill 1,200 feet of road when there is already a road there, they choose to come up with a plan design that would follow the existing haul road for the entrance. They submitted a site plan showing a road down the middle of the property with some warehouse spaces. He informed that he talked with the property owners and informed them that developers would not buy a five acre tract, they are looking for larger tracts and the neighboring properties that have a road, water and sewer are selling for over $100,000 but they are connected to infrastructure. He discussed the minutes that was read and informed that the berm behind the wetlands has been installed, the road in front extends more than the 100 feet that was previously discussed and it has all been looked at and approved by the city engineer. They feel they have done all that has been requested, unfortunately the berm can't go through the wetlands but they are feeling to put a berm up front if that is requested. They are asking to move forward with the subdivision approval and the site plan reviews will take place later.

Councilman Kerby wished to suggest that public hearings be held when the site plans are presented.

Mayor Rozier asked where the berm is at this time and was advised by Mr. Coleman that the berm is behind Mr. Busbie's property and stated that if there is any concern he would look into it.

Councilman Myrick stated there are issues to be looked at. He and council will do everything they can to fix the issues but tonight is for the subdivision.

Mr. McCorkle, attorney for Mr. DeMott acknowledged that they are willing participants in discussing ways to alleviate any issues.

Attorney Dickey clarified that the plat recorded at the courthouse showed Mr. DeMott has the majority of the entrance and only a small portion is owned by Mr. Jones, DOT would not allow two roads at the entrance of Jimmy

Official minutes 10-19-17 council meeting (page 3):

 

DeLoach so Mr. DeMott tried to get Mr. Jones to help make a better entrance but he was not willing therefore the new plan was installed with the entrance all being on Mr. DeMott's property and an entrance for Towles Road residence.

Mayor Rozier stated he would see if the City Attorney can look into condemning the road if Mr. Jones is not willing to work with them to fix the entrance issue.

OLD BUSINESS:

 

1. Consider minor subdivision submitted by Ray DeMott for property at Towles Road & Jimmy DeLoach. There was no motion on this item.

 

NEW BUSINESS:

 

1.      Consider a request to hold a Christmas Tree Sale at Westside Christian Church beginning on November 18. Councilman Myrick made a motion to approve the Christmas Tree Sale and waive the fee. Councilwoman Griffin seconded the motion and it passed without opposition.

2.      Consider an Office Only Home Occupation Tax Certificate application submitted by Shayne Kramer at 209 Oak Street doing business as Advanced Assistance and Solutions, LLC. Mayor Rozier recognized Mr. Kramer who stated he is doing labor work. Councilman Myrick made a motion to waive the public hearing and approve the issuance of the license. Councilwoman Griffin seconded the motion and it passed.

3.      Consider a Site Plan for Morgan Business Center Site 200 at S.H. Morgan Parkway for a 356,831 square feet warehouse. Councilman Myrick made a motion to table this item. Councilwoman Key seconded the motion and it passed.

 

Mayor Rozier reported that this concluded the items presented for consideration for inclusion on the Council agenda prior to the deadline of Wednesday, October 11, 2017.

 

Councilman Myrick made a motion to pay the bills. Councilwoman Griffin seconded the motion and it passed without opposition.

 

There being no further business, Councilman Kerby made a motion to adjourn at 8:34pm. Councilwoman Key seconded the motion and it passed.

 

Respectfully submitted,

 

 

 

Diane Proudfoot, City Clerk

 

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.