COUNCIL MEETING

October 18, 2007

 

The meeting was called to order by Mayor Tipton with the Reverend Ken Otto leading in prayer.  The minutes of the October 4, 2007 council meeting were presented and Councilwoman Winn made a motion to approve said minutes.  The motion was seconded by Councilman Waller and passed with five affirmative votes.  Councilman Myrick made the motion to approve the agenda for the October 18, 2007 with the deletion of discussion on the bids for electrical work at Taylor Park and to add comments from Citizen Martin Collins to citizen input related to the second reading of the amendments to Chapter 54 of the Code of Ordinances.  The motion was seconded by Councilman Strozier and passed with five affirmative votes.

 

Mayor Tipton presented a Certificate of Recognition to the Bloomingdale Christian Alliance Church for their sponsorship of the Community Servant Appreciation Banquet held on October 15th for the City of Bloomingdale’s elected officials, City employees, and members of the Bloomingdale Recreation and Bloomingdale Volunteer Fire Departments.  The certificate was accepted on behalf of the church by Reverend Ken Otto.  The Mayor expressed his appreciation to the Pastor, members of the Governing Body, their spouses, the kitchen committee, and the Youth of the church for all the work they did to make the event very special for everyone who attended.

 

OLD BUSINESS:

 

Attorney Dickey reported that at the last meeting, questions had been raised about council’s authority to waive the public hearings for home occupation licenses.  Attorney Dickey pointed out that he was not able to provide information on this issue at the meeting, so he had requested some time to do some research on the question.  He stated that on July 5, 1990 the City Council approved action allowing the council to decide if a public hearing needed to be held on a particular home occupation license request and to authorize them to waive the hearing if council approved that action.  Attorney Dickey advised council that the information had not been reduced to an ordinance and needed to know if council wanted him to proceed with the preparation of the ordinance to ratify the July 5, 1990 action or to prepare an ordinance to repeal the council’s option to waive the public hearing.  Mayor Tipton expressed his concerns about waiving the public hearings because of the changes that are occurring in the City with less of a rural atmosphere and felt that it may be of better service to the public to require the hearings.  Several citizens made comments about the public hearing issue.  Citizen Eutween Griffin asked about why the pest control business proposed on Osteen Road was required to have a hearing and was advised by Councilman Myrick that the decision to proceed with a public hearing was based on their handling of chemicals and council’s feeling that the neighbors should be notified of their plans.  Latrelle Kling commented that many home based businesses did not generate traffic and there was no advertisement of the business and council should consider this when making a decision on the public hearing issue.  Councilmembers Strozier and Winn stated that they felt that council should be able to consider the waiver of public hearings for home occupation licenses because most of them only involved the operation of an office within a home and this would eliminate additional expenses and delays for the citizens.  Citizen Martin Collins pointed out that in his case, the state required that he have a local license in order to maintain his state license and stated that this was probably the case in many of the license requests.  Mr. Collins advised council that he felt council should be able to decided whether or not to have a hearing since each case was different, but he did not see the point of a hearing if there was no controversy in the license requested.  Councilman Rawlings stated that he felt a public hearing would give the neighbors an opportunity to voice their opinion about a business.  Councilman Rawlings also stated that he felt research needed to be done on the ordinances to make sure that there weren’t others that needed to be added to the code book and questioned whether this was a problem in other areas besides Bloomingdale.  Attorney Dickey advised him that he had come across these type situations in other cities.  Mayor Tipton asked that Attorney Dickey prepare the ordinance for consideration by council at the November 1, 2007 meeting.  The Mayor reported that council needed to take action on Elizabeth McBride’s request submitted at the October 4th meeting for a home occupation license to operate the office of a cleaning business from her residence at #174 Wallace Circle.  Councilwoman Winn made a motion to waive the public hearing and issue the home occupation license to Ms. McBride as requested.  Councilman Strozier seconded the motion and it passed with four affirmative votes.  Councilman Rawlings abstained from voting.  Barbara Griffin questioned Attorney Dickey as to whether it was legal for council to waive the public hearing on this license request and he stated that was legal.

 

NEW BUSINESS:

 

Mayor Tipton reported that a request had been submitted to the City by Lisa McFarland with Thomas & Hutton Engineering to discuss with council the proposed relocation of the Hardin Canal that runs through the northwestern portion of the AMB property.  Council was advised that the design plans and a drainage study were submitted to and reviewed by Bill Uhl of the Chatham County Engineering Department who stated that he found that the proposed relocation will have no adverse impact on the planned Hardin Canal Drainage improvement program.  However, Mr. Uhl had pointed out that since this portion of the canal is located in the City of Bloomingdale, the City would have jurisdictional authority over the development project. The plans and Mr. Uhl’s comments were also submitted to EMC Engineering Services, Inc. who is overseeing the AMB development project on behalf of the City of Bloomingdale.  Mayor Tipton reported that representatives with the AMB project and the engineers were present at tonight’s meeting to present the information.  Mayor Tipton stated that although this portion of the AMB project did not involve the properties that were being purchased from him, he wanted to excuse himself from this discussion.  Attorney Dickey stated that with the absence of Mayor Pro-tem Ray who would normally conduct these proceedings in place of the Mayor, the council would need to appoint a councilmember to act as Mayor during the discussion of this agenda item.  Councilman Waller made a motion to appoint Councilman Strozier and the motion was seconded by Councilwoman Winn.  During a poll of the council, affirmative votes for the motion were made by Councilmembers Myrick, Waller, and Winn with Councilman Rawlings voting against the motion.  Councilman Strozier abstained.  Councilman Strozier recognized John Morgan with AMB properties who stated that the engineers were here tonight to outline for council their plans for the relocation of the canal within their property boundaries.  Mr. Morgan pointed out that they are not wavering from their site plan, but merely relocating the canal so they can make better use of their property by utilizing an additional 25 acres to add approximately 300,000 sq. ft. to Building #400.  Mr. Morgan stated that after coming to the City with their plan to relocate the canal they were directed to provide Chatham County with the details to make sure it would comply with the county’s Hardin Canal Expansion program.  The council was advised that although the county had no objections to their plan, they did ask that AMB make the improvements to the canal that would have eventually had to be made in its current location which included its widening from between 12’ and 15’ to approximately 30’, providing wider slopes and allowing for two maintenance strips.  Mr. Morgan pointed out that Chatham County had agreed that the relocation would not have any adverse affects upstream or downstream.  Mr. Morgan advised council and the citizens that these improvements would be made in advance of the county’s plan and the related costs would be entirely funded by AMB.  Jim Meyers questioned the problems that could occur with some of the sharp curves that were shown on the proposed plan, but was assured by the engineers that the canal would be constructed as to eliminate any problems with the water flow in these areas.  Latrelle Kling asked why the canal had to be so large and was advised that the county had requested the canal be built to their standards which included the increase in size.  Several other citizens posed questions about the canal and its impact on other areas and these were addressed by Craig Zuck with Thomas & Hutton, the AMB project engineer.  When questions were raised that were related to the drainage plan, Henry Morgan offered some comments regarding the project which included some background information regarding the use of lakes on the Morgan Property for the City’s drainage project.  Mr. Morgan explained that having knowledge of the drainage problems that have existed in Bloomingdale for many years and with his family’s willingness to work with the elected officials of the City to help to reach a solution to these problems, he has been working on the family’s behalf through the engineers for both Bloomingdale and the County to make use of the existing ponds for the City’s drainage project.  Mr. Morgan pointed out that the standing water created by poor drainage in this area could cause the return of malaria for which there is still no cure, and he felt that helping to alleviate the drainage problems could help to eliminate this health threat.  Councilman Rawlings stated that the county had commented in a meeting he attended that retention ponds will not work and he also asked that the entire letter from Chatham County on the project be read to the citizens.  Citizen Bobby Thompson commented that based on his training and knowledge, retention ponds are a critical part of drainage projects and are required.  Citizen Martin Collins questioned the type construction to be used in the sharp curves and was advised that these areas would be lined to prevent erosion.  Citizen Jimmy Kerby commented that he felt the developers had obtained qualified engineers to prepare these plans, the changes that were being made were on their own property and had been reviewed by the City and the county, and they were paying all costs related to the relocation of the canal and as a citizen of Bloomingdale he would like to see them go ahead with the improvements they had proposed.  Craig Zuck addressed some additional questions/comments from citizens related to the county’s drainage plans in this area.  Citizen Jessie Kujawa stated that as far as she could see the only thing they were doing was moving the canal from one spot to another one and didn’t see any problem with it.  At the conclusion of this discussion, Mayor Tipton returned to the podium.  Councilman Rawlings commented that he would like for the Mayor to read the letter received from Chatham County on the project.  Mayor Tipton advised him that due to the length of the letter he would have the clerk make copies and distribute them to any citizens who may want a copy.  Mayor Tipton then called for a short recess.

 

Mayor Tipton called the meeting back to order and stated the next order of business was a public hearing for citizen input on the zoning/boundary/street map update.  Councilman Rawlings questioned the notation of Osteen Road in one area on the map and the Mayor stated this would be reviewed and changed if necessary.  Being no further discussion, the Mayor closed the public hearing.  It was noted that the map update will be placed on the November 13, 2007 Planning Commission agenda with their recommendation on its approval to be submitted to council at the November 15, 2007 meeting.

 

The Mayor reported that a public hearing for citizen input and discussion of the request from Ginger Cannon for a “conditional use” permit for the sale of used vehicles in the C-1 zone located at #301 E. Highway 80 had also been scheduled for tonight’s meeting and called the hearing to order.  A question was raised about whether there was going to be a paved parking lot at this site, but it was noted that there were no plans for one.  Mary Mitchell asked if this request was going to be submitted to the Planning Commission for consideration, but she was advised that “conditional use” permits were handled by council.  Being no further discussion, Mayor Tipton closed the public hearing.  At the conclusion of the hearing, Councilman Strozier made a motion to grant the “conditional use” permit to Ginger Cannon for the sale of used vehicles at #301 E. Highway 80, Councilwoman Winn seconded the motion and it passed with five affirmative votes.

 

City Administrator Brady advised council that he had obtained three (3) bids on the preparation of an Impact Fee Study.  The bids were from Kennedy Ragsdale & Associates, Inc. for $17,865; Services, Policies, Management Group, Ltd. (SPM) for $22,570; and EMC Engineering Services, Inc. for $25,000.  Mr. Brady stated that although the lowest bid was received from Kennedy Ragsdale & Associates, their firm was currently working on a development project in the City and due to a possible conflict of interest he recommended the acceptance of the bid from SPM.  Councilman Myrick asked how the City would recover this expense and was advised that these costs would be recovered from the implementation of impact fees.  Attorney Dickey recommended that the company be given a time period in which to prepare the report and suggested thirty (30) days or the agreement would be null and void.  Mr. Brady reported that the bid included SPM handling the advertising and conducting the required public hearings as well as helping to appoint the local committee.  After this discussion, Councilman Myrick made a motion to award the bid to Services, Policies, Management Group, Ltd as recommended by City Administrator Brady with a thirty (30) day report period, Councilwoman Winn seconded the motion and it passed with five affirmative votes.

 

Council was advised that the City had received a request from GMA to eliminate one of the HMO options from our health insurance coverage we have through GMEBS as we are the only City that offers this plan in the state.  Mayor Tipton stated that there are no employees currently on the HMO 80/60 plan.  Attorney Dickey advised council that the plan had been adopted in ordinance form and his suggestion would be to repeal the ordinance which addresses group health, short term disability, life and accidental death insurance and delete it from the Code of Ordinances.  Attorney Dickey pointed out that this information is currently included in the City’s Personnel Policy and it is not necessary to include it in the Code of Ordinances.  After the discussion, Councilman Myrick made a motion to approve the first reading of an ordinance to repeal Chapter 2, Article V, Sections 2-151, 152, & 153 of the Code of Ordinances, to eliminate the HMO 80/60 group health plan option and include the employee benefit information in the City of Bloomingdale Personnel Policy.  Councilman Strozier seconded the motion and it passed with five affirmative votes.  Councilman Myrick then made a motion to dispense with the 2nd reading of the ordinance to repeal Chapter 2, Article V, Sections 2-151, 152, 153 of the Code of Ordinances and approve the ordinance.  Councilman Strozier seconded the motion and it passed with five affirmative votes.

 

Mayor Tipton reported that Citizen Pat Stanfield had requested to be placed on the agenda to question why there were no elected officials from Bloomingdale at the public meeting held at Tom Triplett Park, but Ms. Stanfield was not present at the meeting.  The Mayor recognized Citizen Barbara Griffin who stated that she had originally asked this question of council and would like to know why no elected officials were present.  Mayor Tipton stated that it was his understanding that the meeting had been held by Commissioner Dean Kicklighter and School Board Representative Julie Gerbsch for the benefit of citizens who wanted to ask these representatives questions related to county issues.  Ms. Griffin stated that a question had been asked about the drainage canal issue, but there were no City officials available to respond.  Councilman Myrick reported that he had received an email about the meeting and had responded back to Commissioner Kicklighter that he would not be available to attend.  Councilman Rawlings reported that he had not been able to retrieve his emails and asked that this be checked out.  Councilman Myrick stated that he had also received notice of the meeting in his mailbox at City Hall about five days prior to the meeting.   Latrelle Kling commented that she felt the five days notice would have allowed everyone time to make their plans to attend. 

 

The Mayor presented the second reading of the amendments to Chapter 54, Article II-Planning Commission for council’s consideration.  Mayor Tipton stated that he felt these proposed changes would make for a better Planning Commission.  The Mayor pointed out that having served on the commission prior to becoming Mayor he felt confident that the changes would allow for a better working relationship between the council and the planning commission.  Mayor Tipton recognized Citizen Martin Collins who had asked to address council regarding the proposed changes.  Mr. Collins stated that he had attended the last council meeting and heard the comments from some citizens who expressed a desire to have a public meeting on the changes and would like for council to consider having a meeting and would like for each item to be voted on individually.  Councilman Rawlings stated that he did not agree with these changes and commented that if council voted for them they would not be around after the next election to see them recalled.  Councilman Rawlings commented that this was just an attempt by council to get rid of some of the commission members.  Mayor Tipton advised Councilman Rawlings that his comment was not a true statement and that he felt, as a whole, the commission was doing a good job; however, research had been done on other commission memberships and we found that the cities of Pooler, Port Wentworth, Garden City, Thunderbolt and Rincon’s planning commissions consists of between five and seven members and with the growth that has been experienced in these areas that a commission of this size would be adequate for Bloomingdale.  During continued discussion, Latrelle Kling asked how the terms would be handled for existing members.  Attorney Dickey stated that council would have to determine how long the terms would run, but as outlined in the ordinance, all terms would begin on January 1, 2008.  Citizen Mary Mitchell stated that the current commission is a diverse group of citizens that has served the City well and she did not feel that these changes should be made.  Citizen Barbara Griffin commended the planning commission for their work and encouraged citizens to attend their meetings.  After additional discussion, Councilman Myrick stated that he was not prepared to vote on the changes at this time, but he disagreed with Councilman Rawlings’s statements regarding council’s intentions and their questionable re-election if the changes were initiated.  Citizen Mary Mitchell questioned why a public hearing was not being held on these changes and was advised by Attorney Dickey that these amendments, unlike zoning ordinance amendments, did not require a public hearing.  Mayor Tipton presented the amendments individually for council’s consideration:

 

1)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-32 Composition under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilman Strozier made a motion to approve the second reading and adoption of the ordinance, Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

2)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-34 Removal of member under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilman Strozier made a motion to approve the second reading and adoption of the ordinance, Councilman Waller seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

3)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-35 Filling Vacancies under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilwoman Winn made a motion to approve the second reading and adoption of the ordinance, Councilman Waller seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

4)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-36 Compensation under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilman Strozier made a motion to approve the second reading and adoption of the ordinance, Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

5)    An ordinance for the purpose of repealing the City of Bloomingdale Code of Ordinances, Section 54-37 Appointment of Alternate or Provision Members under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilman Strozier made a motion to approve the second reading and adoption of the ordinance, Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

6)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-38 Officers under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilwoman Winn made a motion to approve the second reading and adoption of the ordinance, Councilman Strozier seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

7)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-39 Procedure under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilman Strozier made a motion to approve the second reading and adoption of the ordinance, Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

8)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-40 Staff under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilman Strozier made a motion to approve the second reading and adoption of the ordinance, Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

9)    An ordinance for the purpose of amending the City of Bloomingdale Code of Ordinances, more specifically Section 54-42 Powers and Duties under Article II. Planning Commission; to repeal all ordinances in conflict herewith; to provide for an effective date; and for other purposes. – Councilman Strozier made a motion to approve the second reading and adoption of the ordinance, Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Strozier, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Myrick abstained from voting.

 

Mayor Tipton stated that an executive session for pending litigation was the next agenda item.  Councilman Myrick made a motion to adjourn into executive session for the discussion of pending litigation, Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Myrick, Strozier, Waller and Winn.  Councilman Rawlings abstained from voting.  At the conclusion of the executive session, Councilman Strozier made a motion to return to the general session and to execute the affidavit as required by the Open Meetings Act and make it part of the record.  Councilwoman Winn seconded the motion and it passed with five affirmative votes.

 

Mayor Tipton reported that this concluded the items presented for consideration for the council agenda prior to the deadline of Friday, October 12, 2007.

 

Under Administrative and Committee reports the following information was provided:

 

Mayor Tipton announced the scheduling of a public meeting to be held on Thursday, October 25, 2007 at 6:30pm at the Bloomingdale City Hall to discuss the drainage project and instructed the clerk to proceed with advertisement of the meeting.  The Mayor also read a letter he had received from William C. Uhl with the Chatham County Department of Engineering dated October 16, 2007 regarding the City’s Drainage Improvement Project and drainage to the Hardin Canal.  In the letter, Mr. Uhl pointed out that Chatham County holds no jurisdiction over the Hardin Canal within the municipal boundaries of the City of Bloomingdale.  Mayor Tipton noted that in his letter, Mr. Uhl stated that “this office finds that the proposed project will have no adverse impact on existing conditions or the planned Hardin Canal drainage improvement project.”  The Mayor stated that copies of the letter would be made available to those citizens requesting one.

 

Police Chief Rick Gossett reported that the City’s investigator (Detective Alan Elliott) had been very successful in solving some local thefts in the last several months and outlined some of the specific cases for council. The Chief reported that the detective’s persistence and diligence in arresting those persons involved in the theft of golf carts from a local business resulted in providing information to federal agents investigating a case involving similar crimes.  Chief Gossett also pointed out that due to this officer’s expertise and training he had been requested to assist Garden City in a recent homicide investigation.  Mayor Tipton thanked the Chief for this update.  When questioned about the status of the police academy, Captain Roy Pike reported a ten week session of the Citizens Police Academy was currently underway.  Chief Gossett pointed out that attendance had been dwindling and although he would like to see the program continue, its success would depend on the citizens and he encouraged them to participate.  It was noted that having the classes on Tuesday night limited participation by some citizens so Captain Pike stated he would look into an alternate day of the week for a future session.

 

Fire Chief Ferman Tyler gave an update on the activities of the fire department for the last month and asked that everyone remember the family of Firefighter Neal Andrews, a member of the Meldrim Fire Department, who had drowned this week.  Fire Chief Tyler distributed 2008 Bloomingdale Volunteer Fire Department calendars to the elected officials.  Mayor Tipton thanked him for the information and stated that work on the fire department contract needed to resume as well as discussions related to a new fire station to be funded with upcoming SPLOST monies.

 

Councilman Rawlings reported that the Bloomingdale History Society was sponsoring a Fall Picnic this Saturday at the Savannah-Ogeechee Canal Museum Pavilion located on Fort Argyle Road starting at 11:00am and everyone was invited to attend.  The featured events will be a “pot-luck” dinner, a “Canal Tour”, and “Tales of Black Ankle” and guests are encouraged to bring memorabilia or spooky stories to share.

 

Councilwoman Winn stated that the Planning Commission will be conducting a workshop on Tuesday, October 23, 2007 to discuss the Highway 80 overlay district ordinance, however, the meeting for council and members of planning commission proposed for October 25th will have to be rescheduled due to the public meeting to be held on drainage. 

 

The accounts payable were reviewed.  Councilman Waller made a motion to pay the bills, Councilman Myrick seconded the motion and it passed with four affirmative votes.  Councilman Rawlings voted against the motion.  Mayor Tipton asked Councilman Rawlings if there was a problem with the accounts payable as he has voted against this motion for several meetings.  Councilman Rawlings stated that the format used for the payables was confusing and he could not understand the information being presented.  The Mayor suggested that he get with Mr. Brady on any questions he had about the report as he felt sure he could explain it to him.  Mayor Tipton asked Councilman Rawlings if he had yet obtained a telephone so the number could be shared with the City for use in contacting him about City business.  Councilman Rawlings stated he had no comment to make on this issue.

 

Being no further business, Councilman Waller made a motion to adjourn at 9:20pm.  Councilman Strozier seconded the motion and it passed with five affirmative votes.

                                                                                      

Mayor Tipton and Councilmembers Myrick, Rawlings, Strozier, Waller and Winn were present at the meeting.  Councilman Ray was out of town.

 

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.