COUNCIL MEETING

COUNCIL MEETING

February 3, 2005

The meeting was called to order by Mayor Rozier with Councilman Waller leading in prayer. The minutes of the January 20, 2005 meeting and February l, 2005 called meeting were reviewed with Councilman Ray making a motion to approve the minutes. Councilman Myrick seconded the motion and it passed with three affirmative votes.

OLD BUSINESS:

Attorney Dickey reported that he had not received any updated information on the City’s lawsuit against EPD from Attorney Barbara Gallo. The Mayor presented for council’s approval the December, 2004 bill from Epstein Becker & Green in the amount of $5,860.50 for attorney fees related to the suit. After a brief discussion, Councilman Myrick made a motion to pay the bill, Councilman Waller seconded the motion and it passed with three affirmative votes.

Attorney Dickey stated that he had received a phone call from Debra Brant after she received the certified letter he sent on the City’s behalf advising her that she had to move the non-conforming mobile homes located at #6 & #8 Brantville Drive. Ms. Brant requested that she be given some additional time to move the mobile homes because she is having problems contracting with someone to move them. Ms. Brant reported that one of the mobile homes would be moved this weekend, but she was going to have to get someone to tear one of them down in order to have it moved. After council discussed her request, Councilman Waller made a motion to give Ms. Brant until April 7, 2005 to have both of the non-conforming mobile homes removed from the property. Councilman Ray seconded the motion and it passed with three affirmative votes.

Council was advised that the City had not received any response from David Hicks regarding the removal of the non-conforming mobile home located at #1301A E. Hwy 80. Mr. Hicks received notification of the City’s directive on October 30, 2004 by a notice hand delivered by the Bloomingdale Police Department. Mr. Hicks was advised in the notice that he had until January 30, 2005 to remove the non-conforming mobile home located at #1301A E. Hwy 80, however, the mobile home has not been moved. Attorney Dickey asked if Mr. Hicks had been sent this information by certified mail and was advised that the notice had been sent by certified mail, but he failed to pick it up from the post office. Attorney Dickey was informed that the reason the Bloomingdale Police Department had served the notice to him at his residence was because Mr. Hicks has not picked up certified letters from the City in the past and we felt this would be one way to make sure he was given proper notice of the deadline. Attorney Dickey suggested that prior to the City’s taking legal action against Mr. Hicks, he wanted to send the information to him by certified mail and if he still failed to pick it up we would have the documentation showing we attempted to notify him of the City’s planned action. Attorney Dickey also suggested that we advise him the City would be requesting the reimbursement of any attorney fees related to this matter from Mr. Hicks should the removal of the mobile home require legal action. Councilman Myrick made a motion that Attorney Dickey proceed with the submission of this information to Mr. Hicks by certified mail, Councilman Ray seconded the motion and it passed with three affirmative votes.

The Mayor reported that since Councilman Tyler was not at tonight’s meeting we would postpone discussion of the proposed water line extensions and size increases that was placed on tonight’s agenda as he requested at the January 6, 2005 meeting.

Councilman Myrick asked that discussion of the bids for the replacement generator proposed for Well #1 be postponed until the February 17, 2005 meeting.

Councilman Ray stated that he had made several attempts to talk with Kenneth Sikes regarding the condition of the residence on his property located at #308 Pine Street, but he had not returned his telephone calls. After discussing the matter, council instructed Attorney Dickey to notify Mr. Sikes of the City’s plans to pursue removal of the structure as outlined in the Nuisance Abatement Ordinance.

Attorney Dickey reported that he had reviewed the proposed by-laws as submitted by the Recreation Executive Board and because of some possible conflicts with existing ordinances, he suggested that a meeting be held with board members to go over the information and make the required changes before submitting them for council’s approval. Councilman Myrick stated that he would get with Recreation Director, Joe Young, and set up a meeting as soon as possible.

Council was informed that the plans and information that was submitted by Stephenson & Palmer Engineering on behalf of Kerby Enterprises for the sewer extension on Adams Road were reviewed by Councilman Tyler, but did not meet the requirements as outlined by council at their January 6^th meeting, so the engineering firm has been notified and they are making the required changes. The Mayor recognized Jimmy Kerby who asked if he could hand carry the plans to the City’s engineer once they had been prepared and council members stated they had no objections provided copies were submitted to the City Hall. Mayor Rozier recognized Brandon Paul who asked about the status of a minor subdivision plat he had submitted for consideration by the City and he was advised that the plat had been forwarded to the Planning & Zoning Commission.

City Council was informed that a report has been received from EMC Engineering Services, Inc. on their site inspection of the Moore and Hickory Street Subdivision developed by E. Phillips Properties, Inc. The following information outlines the items that were noted during this site visit and copies of these comments were sent to the engineer of record and the developer on January 28, 2005:

1) The cul-de-sac at the end of Moore Street was measured to be 51’ in diameter rather than the 80’ diameter shown on the plans that were approved by council.

2) There is no rip-rap at the end of the 18” RCP where it drains to the canal.

3) The plans show the new roadway sloping away from Hickory Street toward the canal. The elevations on the plans indicate that the end of the cul-de-sac should be 1.39’ lower than the pavement at Hickory Street. At this time, the roadway does not appear to slope away from Hickory Street toward the canal.

4) The side slopes have not been grassed as indicated on the plans.

5) There are no drainage ditches or shoulders along the roadway.

Also, as requested by Councilman Tyler’s motion, EMC Engineering Services, Inc. has reviewed the area drainage and recommended that the City of Bloomingdale acquire additional easements for the maintenance of the drainage. This matter was tabled until responses can be obtained from the engineer of record and the developer.

Council was advised that the City has not yet received the engineer’s construction plans and the calculations from Southeast Engineering & Environmental regarding the extension of the sewer service to the PUD on Cheyenne Road. Councilman Wedincamp stated that preparation of the plans was underway, but the engineer was waiting on some calculations from E-1.

Council discussed the request that was submitted at the last meeting from the Recreation Department to purchase a utility vehicle. Councilman Myrick stated that he had no objections to the purchasing of equipment to help with the maintenance at the park, but wanted to make sure that the appropriate vehicle was purchased. Councilman Myrick pointed out that the Kawasaki Mule that had been previously discussed is noted for its maintenance problems. Councilman Ray suggested they consider a golf cart with a utility body since this would be a low maintenance vehicle. Councilman Myrick stated that he would get with Recreation Director Joe Young to help determine which vehicle would best suit their needs. It was noted that once a decision has been made on a vehicle and bids were obtained that the FY 2004/2005 budget would need to be amended since it did not include the purchase of this vehicle.

Council was informed that they needed to consider the acceptance of the Annual Financial Report for the Fiscal Year ended June 30, 2004 as presented by Whitfield & Butler, P.C. Councilman Ray made a motion to accept the report, Councilman Waller seconded the motion and it passed with four affirmative votes. The Mayor stated that with the resignation of Whitfield & Butler, P.C. as the City’s auditors, bids needed to be solicited for the preparation of the upcoming audit and the bids needed to be obtained and reviewed as soon as possible to allow time for another auditor to meet with the department heads to outline their requirements for preparation of the audit. After a brief discussion, Councilman Myrick made a motion to proceed with the advertising of bids for the preparation of the Financial Audit for the Fiscal Year ending 6-30-05, Councilman Ray seconded the motion and it passed with four affirmative votes.

Attorney Dickey reported that he has prepared two ordinances as requested by council. The first ordinance prohibits the obstruction of any City right of way or easement by placing debris, trash, garbage, leaves, tree limbs, equipment, vehicles, buildings, and any other item or thing that would not be naturally found in said areas. The second ordinance allows for liens to be placed against property for all charges incurred by the City for the clearing of the weeds, brush, trash, etc. from said property. Attorney Dickey asked that the Mayor and Council review the ordinances so if any changes are needed they can be made prior to the next meeting. The Mayor stated that these ordinances will be scheduled for a first reading at the February 17, 2005 meeting

Mayor Rozier reported that he had talked with Thomas & Hutton and members of the Morgan Family regarding the proposed improvements to Wildcat Dam Road and the designation of the responsibility for the maintenance of said improvements. The roadway will be serving as the access road to the proposed condominium/town home complex to be built in the corporate limits of the City of Pooler. The Mayor read a letter to council outlining a proposal from Bloomingdale for the future maintenance of Wildcat Dam Road and asked for their approval for the submission of the letter on behalf of the City of Bloomingdale to Thomas & Hutton. The letter included the following provisions:

1) Once all construction has been completed the City of Bloomingdale’s engineer will inspect the roadway construction and upon a satisfactory report to council the roadway will become a permanent part of the City’s infrastructure.

2) If the roadway becomes the traveled path of future construction type vehicles, the property owner will be tasked with assuring the roadway is maintained to the point of satisfaction of Bloomingdale’s City Engineer.

3) Any future damage as a result of excessive wear will become the responsibility of the property owner until build out has been accomplished and once build out is accomplished the City of Bloomingdale will assume repairs of the roadway for normal wear and tear.

4) The islands proposed in the improvements will be maintained by the owner of the complex or their designee, but will not be maintained by the City of Bloomingdale.

After a discussion by council of the contents of the letter, Councilman Wedincamp made a motion authorizing the Mayor to submit the letter to Thomas & Hutton on behalf of the City of Bloomingdale. Councilman Waller seconded the motion and it passed with four affirmative votes.

The Mayor stated that at the called meeting held on February 1, 2005, council discussed the appointment of Lott Barber Architects to serve as the City’s consultant for the review of zoning, subdivision, and development plans on a temporary as needed basis at a rate of $125 per hour until council can pursue the services of a permanent consultant. Councilman Waller made a motion to approve the temporary appointment at the $125 per hour rate, Councilman Myrick seconded the motion and it passed with four affirmative votes.

NEW BUSINESS:

Council was advised that the City has received approval for the resurfacing of Boulevard Street between Cherry & Pine Streets (0.158 miles) under the LARP program and they needed to authorize Mayor Rozier to execute the paperwork as required by the DOT. Councilman Ray made a motion authorizing the Mayor to sign the documents, Councilman Waller seconded the motion and it passed with four affirmative votes.

The Mayor presented a request from Gary Andrews for side and rear yard setback variances for his property located at #304 East Main Street. Mr. Andrews advised council that he wants to place a 12’ x 24’ x 10’ storage building in his rear yard but in order to allow maximum utilization of the remainder of his property in the future, he wants to place the building within the required setbacks. Council was informed that the zoning ordinance requires a side yard setback of 10’ and a 15’ rear yard setback for utility buildings and Mr. Andrews wants to place the building 8’ from the side yard and 8’ from the rear yard. Councilman Myrick stated that according to the site plan he submitted it appears that there is 83’ between the back of the existing residence and the proposed location of the storage building and asked Mr. Andrews why he would not be able to meet the side and rear yard setbacks since he has this much footage available. Mr. Andrews explained that future plans include a pool in the middle of the back yard and he would be driving onto the concrete around the pool if he could not obtain these variances. After additional discussion, Councilman Myrick made a motion to issue the side and rear yard variances as requested, Councilman Ray seconded the motion and it passed with four affirmative votes.

Council reviewed a request from William and Evelyn McCarty for the recombination of Lot #’s 35 & 38. Council was advised that Lot #38 is 125’ wide and is vacant. Mr. McCarty’s daughter wants to build on Lot #38, but because Mr. McCarty’s single story garage encroaches onto Lot #38, a recombination is necessary. The newly combined lots would consist of the road frontage for Lot #35 being 111’ and Lot #38 being 100’. Although the single story garage will be on Lot #35 after the recombination, it will be within the side-yard setback. The front corner of the garage will be 3.8” from the property line and the rear corner will be 6.8’ from the property line. The council was informed that Mr. McCarty is requesting a variance on the side-yard setback since the garage already exists and this recombination will be moving the property line as much as possible in order to maintain the required road frontage for Lot #38. After a review of the plat by council, Councilman Waller made a motion to approve the recombination of the two lots and a variance on the side yard setback for the existing garage on Lot #35. Councilman Ray seconded the motion and it passed with four affirmative votes.

The Mayor stated that as a result of the called meeting held on February 1, 2005, the Personnel Committee was making a recommendation to reclassify two maintenance employees from laborers to machine operators/truck drivers and adjust their salaries accordingly with an effective date of January 31, 2005. The two employees involved are Lyle Chapman and James Tyson. After a brief discussion, Councilman Myrick made a motion to approve the recommendation from the Personnel Committee regarding the reclassification and salary increases for Lyle Chapman and James Tyson. Councilman Wedincamp seconded the motion and it passed with four affirmative votes.

Since Councilman Tyler was not present at the meeting, the Mayor tabled discussion regarding his request that council discuss having an engineer research the design of the City’s current sewer system to determine if we are meeting or exceeding the calculated flows for the size lines that have been installed in specific areas of the City.

Council was advised that Attorney Dickey has requested an executive session for discussions under attorney/client privilege. Councilman Myrick made a motion to adjourn into executive session, Councilman Waller seconded the motion and it passed with four affirmative votes. A copy of the affidavit required by the Open Meetings Act of Georgia is attached.

After completion of the executive session, Councilman Ray made a motion to return to the general session. Councilman Myrick seconded the motion and it passed with four affirmative votes.

The Mayor reported that council had a motion to present pertaining to the recommendations from the Planning & Zoning Commission meeting held on January 18, 2005. Councilman Myrick made a motion to hold public hearings on March 15, 2005 to receive citizen input on the following:

1) A proposed amendment to the pending PUD district on Cheyenne Road being developed by Mike Wedincamp and Charles Rogers and

2) Rezoning petitions for a C-1/Planned Development Overlay District located on Highway 80 between Patrick Ave. and Wildcat Dam Road for properties owned by Del Ferguson, James Arnold, Donald McCullough, and Roy Joyner

and the motion included the recommendation that the plans for these two matters be submitted to Lott Barber Architects for review on the City’s behalf with the cost of said review being paid by the developers of these properties. Councilman Ray seconded the motion and it passed with three affirmative votes. Councilman Wedincamp abstained from voting on this motion.

The Mayor stated that this concluded the items that were presented prior to the Friday, January 28^th council agenda deadline.

The accounts payable were reviewed. Councilman Ray made a motion to pay the bills, Councilman Myrick seconded the motion and it passed with four affirmative votes.

Being no further business, Councilman Waller made a motion to adjourn, Councilman Ray seconded the motion and it passed with four affirmative votes. The meeting adjourned at 8:30pm.

Mayor Rozier and Council members Myrick, Ray, Waller and Wedincamp were present at the meeting. (Note: Councilman Wedincamp came into the meeting during old business discussions.) Council members Johnson and Tyler were absent due to illness.