Official minutes of January 20

Official minutes of January 20, 2011 Council Meeting

approved on February 3, 2011

The meeting was called to order by Mayor Tipton with Councilman Myrick leading in prayer. The Mayor presented the draft copies of the minutes of the called council meeting of January 4, 2011 and the January 6, 2011 council meeting for council’s consideration. Councilman Myrick made a motion to approve the draft copy of the minutes of the meetings as presented, Councilman Baxter seconded the motion and it passed with six affirmative votes. The agenda of the January 20, 2011 meeting was reviewed. Councilman Myrick made a motion to approve the agenda of the meeting with the addition of an executive session, as requested by Councilwoman Griffin, for discussion of potential litigation. Councilwoman Griffin seconded the motion and it passed with six affirmative votes.

During administrative and committee reports, Councilman Myrick reported that a meeting of the Veterans’ Memorial Committee will be held on Monday, January 24, 2011 at 5:00pm at the City Hall. Councilman Kerby stated that meetings had been held this week with property owners in the areas where the City will need easements for the construction and maintenance of drainage improvements related to Phase II of the City’s Master Drainage Plan. Councilman Kerby reported that the meetings were well attended and he felt the citizens appreciated having the opportunity to review and discuss the impact that the drainage plans would have on their property. Mayor Tipton pointed out that once the engineers had completed the design plans, another public hearing would be held. City Administrator Akridge stated that the City was midway through its fiscal year and he had scheduled meetings with department heads beginning on Tuesday to discuss the status of each department’s budget. Mr. Akridge advised council that at mid-year, general fund expenditures were at 46.77% with revenues at 37.31% and the water/sewer fund expenditures were at 42.92% with the revenues at 36.42%. Mr. Akridge reported that the budget process for FY 2011/2012 will begin on March 15^th and the budget will be scheduled for adoption at the second meeting in June. Mr. Akridge stated that he appreciated the opportunity to serve as the City Administrator for Bloomingdale and thanked the elected officials, all the employees, and the citizens for the warm welcome he had received.

OLD BUSINESS:

Councilman Baxter reported that in mid-December the City had received Pay Request #4 from Marchese Construction, Inc. in the amount of $62,561.10 for work he had performed on the new fire station along with a recommendation for payment from Kern-Coleman & Co. Engineering. Councilman Baxter stated that since the council had cancelled the second meeting in December and the contractor needed these funds to take care of monies owed to sub-contractors and employees, the Public Safety Committee approved payment of the invoice. Councilman Baxter made a motion that this information be made part of the record of tonight’s meeting. Councilman Crosby seconded the motion and it passed with six affirmative votes. Mayor Tipton thanked the members of the public safety committee for the good job they have done with on-site visits and meetings with the contractor and engineers on this project and noted that completion of the new fire station is expected by mid-March. The Mayor pointed out that Chief Tyler has also been very involved on the project.

NEW BUSINESS:

Councilman Crosby presented a request for an amendment to the FY 2010/2011 Building & Zoning Budget to transfer $2,000 from contractual fees (10.4320.2202) to education/training (10.4320.2228) to cover upcoming training classes. After a brief discussion, Councilman Crosby made a motion to approve the budget amendment, Councilman Baxter seconded the motion and it passed with six affirmative votes.

Mayor Tipton recognized former Mayor and Councilmember Billy Strozier for his service to the City as a councilmember from 1976 to 1986; serving as Mayor from 1986 to 2000; and then again as a councilmember from 2004 to 2008. The Mayor pointed out that the dedication to the City and its financial well-being by Mayor Strozier and previous administrations was one of the major reasons why the City was able to consider many of the projects currently underway. The Mayor also recognized and expressed appreciation to Margel Winn who had served on City Council for eight years as well as many years on the Planning Commission.

Councilman Crosby submitted a recommendation from the Planning Commission for approval of a minor subdivision as requested by Connie Ellis for property located at #129 Conaway Road. It was noted that Ms. Ellis is the executrix for the estate of Herman Rawlins and this property is part of the estate. Councilman Crosby confirmed with the real estate agent that the well was located on the same tract as the house. After a brief discussion, Councilman Crosby made a motion to approve the minor subdivision, Councilman Baxter seconded the motion and it passed with six affirmative votes.

Council was advised that the Planning Commission had scheduled a public hearing for February 8, 2011 at 7:00pm for discussion and citizen input on the proposed addition of Solar Power Field/Supply to the “List of Permissible and Conditional Uses” in the City’s Zoning Ordinance.

Councilman Crosby reported that a meeting was held last Thursday to review and discuss the recently passed Massage Parlor Ordinance. Those attending the meeting, along with Councilman Crosby, were Mayor Pro-tem Dennis Baxter, Planning Commission Chairman Dexter Shearouse, Attorney Raymond Dickey and staff. Councilman Crosby, on behalf of the Planning & Licensing Committee, suggested some amendments to the Massage Parlor ordinance. It was noted that the amendments were intended to simplify the wording of the ordinance and to help expedite the processing of applications. Councilman Crosby made a motion to approve the first reading, dispense with the second reading and to adopt changes to Sections 28-59; 28-66 (d) & (f); and 28-68 (f) of the Massage Parlor Ordinance with Councilman Baxter seconding the motion. The changes are outlined as follows:

Article II, Massage Parlors, Chapter 28 – proposed amendments to the ordinance as adopted on January 6, 2011 are as follows:

a) Section 28-59. Issuance of license or permit for a massage parlor

Currently reads:

“The City shall issue a license for a massage parlor after ratification by the City Council, if all requirements for a massage parlor permit described in this article are met unless it finds . . .”

Proposed to read:

“The City shall issue a license for a massage parlor after ratification by the Mayor or his designee, if all requirements for a massage parlor permit described in this article are met unless it finds . . .”

b) Section 28-66. Facilities necessary.

(d) Currently reads:

“Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. . . “

(d) Proposed to read:

“Toilet facilities shall be provided in convenient locations. When the massage parlor has more than four (4) massage therapists employed, separate toilet facilities shall be provided for each sex. . .”

(f) Currently reads:

“All electrical equipment shall be installed in accordance with requirements of the county electrical code.”

(f) Proposed to read:

“All electrical equipment shall be installed in accordance with requirements of the city electrical code.”

c) Section 28-68. Operating requirements.

(f) Currently reads:

“No massage shall be administered in any room or cubicle which has a door which has a lock or is capable of being locked in any fashion, nor shall the premises in which the massage facility is located have any place locks that preclude entry into the premises during business hours.

Proposed to read:

(f) No massage shall be administered in any room or cubicle which has a door which has a lock or is capable of being locked in any fashion, unless otherwise specified by ordinance.

(g) The premises in which the massage facility is located shall not have in place locks that preclude entry into the premises from the outside during business hours.

During council discussion, Attorney Dickey pointed out that any typographical errors contained in the original ordinance could be corrected without presenting the changes to council. The motion on approval of the changes outlined above was approved with six affirmative votes from council.

Mayor Tipton noted that an executive session had been added to the agenda for discussion of potential litigation. Councilman Myrick made a motion to adjourn into executive session, Councilwoman Griffin seconded the motion and it passed with six affirmative votes. At the conclusion of the executive session, Councilman Myrick made a motion to return to the general session and executive the affidavit as required by the Open Meetings Act. The motion was seconded by Councilwoman Griffin and passed with six affirmative votes.

The Mayor stated that this concluded the items presented for consideration for inclusion on the council agenda prior to the deadline of Wednesday, January 12, 2011.

The accounts payable were reviewed with Councilman Myrick making a motion to pay the bills. Councilman Baxter seconded the motion and it passed with six affirmative votes.

Being no further business, Councilman Kerby made a motion to adjourn at 7:45pm. Councilwoman Griffin seconded the motion and it passed with six affirmative votes.

Respectfully submitted, Sandra Jones, City Clerk

Mayor Tipton and all council members 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.