Official minutes of Council Meeting February 19, 2009
approved by City Council 3-5-09
Mayor Tipton called the meeting to order with Councilman Ray leading in prayer. The Mayor presented the draft copy of the minutes of the February 5, 2009 meeting for council’s consideration. Councilman Ray made a motion to approve the draft copy of the minutes with no changes, Councilman Myrick seconded the motion and it passed with six affirmative votes. Mayor Tipton presented the February 19, 2009 council agenda and Councilwoman Winn made a motion to approve the agenda. Councilman Ray seconded the motion and it passed with six affirmative votes.
Under administrative reports, City Administrator Brady presented information from the Budget & Finance Committee related to a freeze on wages and hiring of new employees and the approval of purchases. Mayor Tipton noted that any action on these recommendations would need to be placed on the next council agenda. Mayor Tipton reported that the improvements at the Bloomingdale Park were still underway.
The Mayor stated that the next order of business was a public hearing by the Board of Appeals on Action #2009-1. The purpose of the hearing is to receive citizen input on a request by Donald Smith to obtain a mobile home permit for property located at Elm & West Garvin Street prior to the completion of the minor subdivision of the property. There was no citizen input or comments from council. Mayor Tipton closed the public hearing.
Mayor Tipton presented the request from Donald Smith to obtain a mobile home permit for property located at Elm & West Garvin Street. It was noted that, as instructed by council, the minor subdivision was submitted to the City’s zoning consultant, Denise Grabowski, for her review and comments so council would have the benefit of this information at tonight’s meeting. Ms. Grabowski indicated that the proposed subdivision appeared to be in order, but recommended that if the request to place the mobile home on the lot prior to the subdivision is granted, council should stipulate a time limit for the removal of the existing wooden house on the lot where the mobile home is to be placed. Mr. Smith stated that a six-month period for the removal of the existing wooden house on the property would be adequate. Councilman Strozier made a motion to approve a “conditional mobile home permit” to Donald Smith for the property being subdivided at Elm & West Garvin Streets with the stipulation that the existing wooden house on the lot where the mobile home is to be placed is removed within six months from the issue date of the permit. Councilman Ray seconded the motion and it passed with six affirmative votes.
The Mayor asked for a report from Attorney Dickey regarding the placement of private signs on private property. Attorney Dickey noted that the sign posted at the corner of Adams Road and U.S. Highway 80 advertising a private business is in violation of City ordinances as well as state laws prohibiting the use of government property for private gain unless the government receives proper consideration. Attorney Dickey stated that the rent of $1.00 per month as included in the agreement between Tom Terry and the previous owner of the property (Bloomingdale Volunteer Fire Department) is not proper consideration and the agreement would have to be re-negotiated. City Attorney Dickey pointed out that if council allowed this type of use of City-owned property, they would have to give this same consideration to other parties and would need to put a procedure in place for the use of the property for signage. Attorney Dickey reported that this sign would not be “grandfathered-in” since it was now on public property. After discussion, Councilman Ray made a motion to send a letter to Tom Terry giving him thirty days from the receipt of the notice to remove the private sign posted on City property at the corner of Adams Road and U.S. Highway 80. Councilwoman Winn seconded the motion and it passed with affirmative votes from Councilmembers Ray, Strozier, Waller and Winn. Councilmembers Myrick and Rawlings voted against the motion.
Citizen Justin Shirah submitted an application for a home occupation license to operate a taxicab service from property located at #325 Osteen Road. Council was advised that Mr. Shirah had obtained written permission from the owner of the property to operate the business from this location and his application indicated there would be two employees. Mr. Shirah stated that he would only have one cab initially, but hoped to add others later on. Council agreed that a public hearing should be held to obtain citizen input on this request. Councilwoman Winn made a motion to hold a public hearing on March 5, 2009, Councilman Strozier seconded the motion and it passed with six affirmative votes.
The Mayor presented for council’s consideration, Pay Request #2 for $19,247.13 as submitted by OCS, Inc. for work at the Bloomingdale Park. Council was advised that EMC Engineering, Inc. is recommending payment and City Administrator Brady stated he agreed with their recommendation. Councilman Myrick made a motion to approve payment of the request for $19,247.13. Councilman Ray seconded the motion and it passed with six affirmative votes.
Council reviewed Pay Request #6 for $57,614.23 as submitted by J. Hiers Construction Co. for Phase 1 drainage improvements. Mayor Tipton stated that Pat Gaddy with Thomas & Hutton Engineer, Inc. has reviewed and recommended payment of the request. Councilman Strozier made a motion to approve payment of the request for $57,614.23. Councilman Waller seconded the motion and it passed with affirmative votes from Councilmembers Myrick, Ray, Strozier, Waller and Winn. Councilman Rawlings abstained from voting.
Mayor Tipton presented for council’s consideration the revised Change Order No. 3a for $35,200 as submitted by Thomas & Hutton Engineering, Inc. for riprap at the flumes along the canal. The Mayor reported that the work would be done with as little impact on private property as possible. Councilman Ray made a motion to approve the change order as submitted, Councilman Myrick seconded the motion and it passed with five affirmative votes from Councilmembers Myrick, Ray, Strozier, Waller and Winn. Councilman Rawlings abstained from voting.
The Mayor recognized Mark Crapps and Terry Coleman from Kern-Coleman & Co. who presented for council’s consideration a proposal for professional services for the Bloomingdale Fire Station. The proposal included surveying, engineering and architectural services for $40,300. During discussion, concerns were voiced about moving forward with this project without plans for its financing and Councilman Ray noted that council needed to hold a workshop to discuss this and other issues related to the project. It was noted that the project could possibly be done in phases. The engineers were asked if they could provide information to assist council in their discussion of these issues at a workshop and they indicated they could have something available next week. Mayor Tipton pointed out that of the three proposals council had received, Kern-Coleman & Co.’s was the least costly. After additional discussion, Councilman Myrick made a motion to accept the proposal for professional services as submitted by Kern-Coleman & Co. for the Bloomingdale Fire Station and the scheduling of a workshop for the elected officials and staff to discuss the proposed construction of the fire station, the option of doing the project in phases and the financing of the costs related to the project. Councilman Waller seconded the motion and it passed with affirmative votes from Councilmembers Myrick, Rawlings, Waller and Winn. Councilmembers Strozier and Ray voted against the motion. The workshop was scheduled for February 26, 2009 at 6:00pm at the Bloomingdale City Hall.
Fire Chief Tyler provided council with information regarding the coding of fire calls.
Mayor Tipton recognized the Allgoods, Hutchinsons and Jackie Yawn, residents of John Carter Road, who were requesting annexation into the City. Ms. Yawn reported there were some other property owners on John Carter that could not attend tonight’s meeting, but were also interested in coming into the City. Attorney Dickey noted that it did not appear that the properties were contiguous to the city limits and would need to see legal descriptions of the properties to determine their exact locations. Attorney Dickey advised them that a lawyer would need to prepare the documents for them to file with the City requesting annexation. Ms. Yawn stated that the legal descriptions on their properties had been provided to Mr. Rozier when he was Mayor, but no action had been taken. Mayor Tipton advised them that we would check to see if the information was passed on to the City and get back with them on how they should proceed with their request.
Mayor Tipton reported that this concluded the items presented for consideration for inclusion on the council agenda prior to the deadline of Friday, February 13, 2009.
Councilman Ray made a motion to approve payment of the bills, Councilman Myrick seconded the motion and it passed with six affirmative votes.
Councilman Waller made a motion to adjourn at 8:15pm, Councilman Strozier 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.