COUNCIL MEETING

December 6, 2007

The meeting was called to order by Mayor Tipton with Councilman Ray leading in prayer.  Mayor Tipton presented an Outstanding Citizen Award to H.B. “Pete” Waller for his help in securing the City’s Charter in 1974 and for his efforts in preserving and protecting the rights of independent farmers which helps them to continue their operations, not only in Bloomingdale, but throughout rural Georgia.

The Mayor presented the November 15, 2007 minutes for approval.  Councilman Rawlings made a motion to approve said minutes, Councilwoman Winn seconded the motion and it passed with six affirmative votes.  The agenda for the December 6, 2007 meeting received a motion for approval from Councilwoman Winn.  Councilman Ray seconded the motion and it passed with six affirmative votes.

The following administrative/committee reports were presented: 

Councilman Myrick expressed his appreciation to those who helped to organize and also those who participated in the golf tournament hosted by the Bloomingdale Recreation Department to raise funds for the department.  Councilwoman Winn reported that a conceptual plan for the Veteran’s Memorial was available for council’s review.  Mayor Tipton thanked the members of the maintenance department for getting the Christmas decorations up in the City.  Councilman Strozier reported that the Thanksgiving Fellowship was very successful and thanked those who helped with preparation of the food and to those who attended.  Councilman Strozier also expressed his appreciation to R & R Electric and City Administrator Brady for their financial contributions to this event.  Councilman Strozier stated that the paving of Church & Lynn Streets had been completed and the contractor was scheduled to return to do some finish work in the next week or so.  Councilman Strozier reported that the Main Street paving work was nearing completion, but one section needed some additional work.  Fire Chief Ferman Tyler gave council an update on fire department activities which included 446 calls to date with a monthly average of 1.67 calls per day and a respond time of 3.2 minutes.  Chief Tyler stated that the Bloomingdale Volunteer Fire Department had recently participated in the annual live fire training sponsored by Southside Fire Department.  Mayor Tipton reported that the fire protection contract was under preparation and suggested that the Chief meet with council next week to finalize the agreement.  Police Chief Gossett advised council that the department had just undergone a two day inspection required for their state certification and had been advised they were doing everything up to standards.  The Chief pointed out that Jody Sheffield was the staff member responsible for keeping their records up to date and she had done a fine job.  Councilman Rawlings expressed his appreciation to Ernest Grizzard for his help in getting the street light re-installed at Osteen Road.

OLD BUSINESS:

Mayor Tipton reported that some additional information had been submitted by Christopher Carroll on his minor subdivision request that was passed by council at the November 15, 2007 meeting that showed the road frontage included 275.4’ and with a variance of 2.37’ for the road frontage of Lot 50B, the subdivision could be approved.  Councilman Strozier made a motion to remove this issue from the table and to approve the minor subdivision as submitted by Christopher Carroll with a road frontage variance of 2.37’ for Lot 50B.  Councilwoman Winn seconded the motion and it passed with six affirmative votes.

The Mayor presented the updated zoning/boundary/street map for council’s approval noting that the change to the map regarding Osteen Road had been made prior to the last meeting.  Councilman Ray made a motion to remove this matter from the table and to approve the updated map.  Councilwoman Winn seconded the motion and it passed with six affirmative votes.  Councilman Rawlings made a motion to submit the map to the RDC for preparation of the final copy. Councilwoman Winn seconded the motion and it passed with six affirmative votes.

Councilwoman Winn requested that council take action on the amendment to the zoning ordinance concerning the sale of used vehicles in C-1 zones.  Councilwoman Winn made a motion to approve the first reading of the original amendment to the Zoning Ordinance as presented by council to the Planning Commission to change the sale of used vehicles from a conditional use to a permissible use in a C-1 zone for up to 50 vehicles per standard commercial lot of 15,000 sq. ft.  Councilman Waller seconded the motion.  During the brief discussion of the motion, Citizen Barbara Griffin asked for an explanation on the difference between conditional and permissible uses.  Attorney Dickey stated that council would have to approve the issuance of the occupational license if the use was conditional; however, if the use was permitted, council did not have to approve the issuance of the occupational license.  Mayor Tipton called for a vote on the motion.  The motion passed with affirmative votes from Councilmembers Myrick, Ray, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Strozier abstained from voting.  Councilwoman Winn made a motion to dispense with the second reading and approve the amendment to the zoning ordinance, Councilman Waller seconded the motion.  The motion passed with affirmative votes from Councilmembers Myrick, Ray, Waller and Winn.  Councilman Rawlings voted against the motion and Councilman Strozier abstained from voting.

Mayor Tipton requested council consider action on the Overlay District Ordinance that was tabled at the November 15^th meeting.  Councilman Ray made a motion to remove this issue from the table for further discussion.  Councilman Myrick seconded the motion and it passed with six affirmative votes.  The Mayor stated that the ordinance had been reviewed by members of council and most felt that the application of the overlay district should only be applied to U.S. Highway 80 at this time.  The depth of the overlay district was discussed by council.  After additional discussion, Councilman Ray made a motion to proceed with a public hearing on an amendment to the Zoning Ordinance creating an Overlay District along Highway 80 extending a minimum of 600’ from the centerline of the roadway for properties on both the north and south side of Highway 80 with the possibility of the overlay district extending further than the 600’ depth to encompass all of an individual tract with an Exhibit Map being part of the ordinance showing the overlay district boundaries.  Councilman Myrick seconded the motion and it passed with six affirmative votes.  The public hearing was scheduled for January 17, 2008 at 7:00pm at the City Hall.

NEW BUSINESS:

Council reviewed a request from Ashley Hackle for a home occupation license to operate a property maintenance business from her residence located at #1436 Pine Barren Road.  Council was advised that the business consisted of parking lot maintenance, seal coating & striping, asphalt patching & paving, sign, post and stencil installation.  Ms. Hackle explained that only the office would be located at the residence with all work being done at customer locations. She stated that there were four vehicles containing maintenance equipment that would be parked at the residence and used in the business.  Ms. Hackle advised council that the only deliveries to the residence would be made by UPS.  It was noted that the Hackles had operated a similar business from this residence several years ago with no complaints from the neighbors, but when the Hackles moved, they could no longer operate it at this location as a home occupation business.  Being no further discussion, Councilman Myrick made a motion to waive the public hearing and issue the home occupation license for the office of a property maintenance business at #1436 Pine Barren Road.  Councilman Ray seconded the motion and it passed with five affirmative votes from Councilmembers Myrick, Rawlings, Ray, Strozier and Waller.  Councilwoman Winn abstained from voting.

A request from Jessie Carter to operate the office of a carpentry business from his residence located at #106 Poplar Street was reviewed by council.  Mr. Carter stated that the business consisted of interior trim jobs for builders and he would be the only employee.  After a brief discussion, Councilman Myrick made a motion to waive the public hearing and issue the home occupation license for the office of a carpentry business at #106 Poplar Street.  Councilman Strozier seconded the motion and it passed with six affirmative votes.

Council agreed to allow the issuance of 2008 licenses for the home occupation businesses of Ashley Hackle and Jessie Carter.

Mayor Tipton stated that Attorney Dickey had prepared an ordinance for council’s consideration that adds, under Parks and Recreation in the Code of the City of Bloomingdale, Section 50-100, “Qualifications for all Directors, Coaches and Supervisors”.  This section declares as ineligible any director, coach or supervisor or anyone who supervises either directly or indirectly any child in any Bloomingdale Recreation Program having been convicted of a felony under the laws of the State of Georgia to include all felonies related to sexual crimes.  Attorney Dickey pointed out that the initiation of this ordinance was due to a situation that recently occurred when it was discovered that a coach who had been convicted of child molestation was working with children, but since the City did not have an ordinance like this in place there were problems when an attempt was made to dismiss the coach.   It was noted that this particular situation had not occurred in Bloomingdale.  Citizen Becky Reece asked if the City would have to run background checks on all coaches and Attorney Dickey advised her that if the ordinance was approved it would require background checks for all persons supervising children.  After additional discussion, Councilwoman Winn made a motion to approve the first reading of the ordinance.  Councilman Myrick seconded the motion and it passed with six affirmative votes.  Councilman Myrick made a motion to dispense with the second reading and to approve the adoption of the ordinance.  Councilwoman Winn seconded the motion and it passed with six affirmative votes.

Council was advised that Attorney Dickey had prepared three ordinances to ratify and reduce to written form information that did not appear in the City of Bloomingdale’s Zoning Ordinance, Article VI, Section 600-Table: “List of Permissible and Conditional Uses” as these ordinances were not reduced to writing by City Attorney Waller at the time they were approved.  The ordinances presented were as follows:  1) An ordinance to ratify and reduce to written form an amendment to the zoning ordinance to allow a catering business in an RA-1 zone as a Permissible Use that was approved by council on August 18, 1983.  Councilman Ray made a motion to approve the first reading of the ordinance, to dispense with the second reading, and approve the ordinance.  Councilman Myrick seconded the motion and it passed with six affirmative votes; 2) An ordinance to ratify and reduce to written form an amendment to the zoning ordinance to allow a child care center in an R-1 zone as a Conditional Use that was approved by council on June 21, 1990.  Councilman Myrick made a motion to approve the first reading of the ordinance, to dispense with the second reading, and approve the ordinance.  Councilman Strozier seconded the motion and it passed with six affirmative votes; and 3) An ordinance to ratify and reduce to written form an amendment to the zoning ordinance to allow an appliance repair shop in an RA-1 zone as a Conditional Use that was approved by council on February 19, 1991.  Councilwoman Winn made a motion to approve the first reading of the ordinance, to dispense with the second reading and approve the ordinance.  Councilman Ray seconded the motion and it passed with six affirmative votes.

Mayor Tipton stated that Thomas & Hutton Engineering had completed the design plans and needed approval from council to proceed with the solicitation of bids on Phase I of the drainage plan.  Citizen Barbara Griffin asked how the bids would be obtained.  Ms. Griffin was advised that the engineering firm would publish an advertisement for sealed bids to be submitted on the project.  When the bids are received they would be opened by council and then reviewed by the engineering firm.  The engineering firm would present the information back to council for approval.   A discussion was held about the plans for Phase II and citizens were advised that the final drawings had not yet been completed for this phase of the project.  Citizen Mary Mitchell asked when the bids would be submitted and the Mayor stated it may be as early as mid-January, but this information would be included in the notice for bids published by the engineering firm.  Councilman Rawlings stated that he did not feel that council had ever approved the drainage plan that had been proposed by Thomas & Hutton, but was advised by members of council that the approval occurred in January, 2006.  After additional discussion on this issue, Councilman Myrick made a motion to proceed with the solicitation of bids for Phase I of the drainage plan, Councilman Ray seconded the motion and it passed with affirmative votes from Councilmembers Myrick, Ray, Strozier, Winn and Waller.  Councilman Rawlings voted against the motion.

Mayor Tipton asked if citizens wanted to make any comments and being none, he reported that this concluded the items presented for consideration for inclusion on the council agenda prior to the deadline of Friday, November 30, 2007.

The accounts payable were reviewed.  Councilman Ray made a motion to pay the bills.  Councilwoman Winn seconded the motion and it passed with six affirmative votes.

Being no further business, Councilman Waller made a motion to adjourn at 7:45pm.  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.