Official minutes of Council Meeting – June 17, 2010
approved by council July 15, 2010
Mayor Tipton called the meeting to order with Councilman Baxter leading in prayer. Councilman Crosby made a motion to approve the minutes of the May 20, 2010 council meeting. Councilman Baxter seconded the motion and it passed with six affirmative votes. Councilman Crosby made a motion to approve the agenda of the June 17, 2010 meeting with the addition of three amendments to be added under new business as Item #3a, Item #14, and Item #15. Councilman Myrick seconded the motion and it passed with six affirmative votes.
During administration & committee reports, Councilwoman Griffin reported that the Recreation Committee received bids to complete the new ball field at Taylor Park from Clifton Construction at $96,370 and from Indigo, Inc. at $76,153.86. It was noted that Indigo comes highly recommended. Councilman Baxter stated that he felt Attorney Dickey should review the contract, bonding, and insurance information from Indigo, Inc. Councilman Baxter reported that the contract for the fire station has been executed and the bonds have been reviewed by Attorney Dickey and appeared to be in order. Councilman Rawlings reported that the History Society had visited four cemeteries over the Memorial Day holiday. Councilman Crosby reported that the Planning Commission members are holding workshop to review the ordinances. Mayor Tipton informed council he would like to see lettering on the concession building at Taylor Park such as “Welcome to Bloomingdale”, “Bloomingdale Bears” or “Winning responsibly equals success”. Recreation Director Young reported that the girls 8 & under team completed the season undefeated and we had 5 teams ending the season in 1st place. Councilman Crosby requested an update on the status of the City Administrator and City Clerk positions. Mayor Tipton advised him that this would be discussed during the executive session. Mayor Tipton reported that the Food Lion project was moving forward and felt the development would bring jobs to the area and provide convenient shopping for area citizens. Attorney Dickey was questioned about the recent challenge to the Effingham County impact fees and he stated that the wording of the ordinances were what was being challenged rather than the actual fees. Attorney Dickey assured the Mayor and Council that Bloomingdale’s impact fee ordinance was in order.
Mayor Tipton informed council that a public hearing was set for tonight to receive citizen input on a request from Betty Bird to obtain a home occupation license for the continued operation of a family day care from her residence located at #101 Ash Street. Council was advised that Mrs. Bird is licensed by the State of Georgia to keep a maximum of six children and has operated the day care for many years; however, the state is now requiring home day care operators to obtain a local license. The Mayor opened the public hearing for citizen input. The only citizen input was from Former Mayor/Councilman Billy Strozier who reported that Mrs. Bird has operated a day care for many years in Bloomingdale and during his years of service there had never been any complaints regarding her or the operation of her day care. Mayor Tipton closed the public hearing. Councilman Baxter made a motion to issue the home occupation license to Mrs. Bird for the operation of a home day care business. Councilman Myrick seconded the motion and it passed with six affirmative votes.
Councilman Kerby reported that after reviewing the bids for the generators for city hall, the maintenance department and the new fire station the committee found that not all of the bids were comparable since some did not include the cost of the transfer switches. Councilman Kerby made a motion to allow the General Services Committee the authority to purchase the generators at a cost not to exceed the minimum of the previously received bid of $93,000. Councilman Myrick seconded the motion and it passed with six affirmative votes.
The City Council considered the second reading of the state required updates to the Stormwater Management Ordinance & the Erosion & Sedimentation Ordinance. Councilman Baxter made a motion to approve the 2nd readings and adoption of the ordinances. Councilman Crosby seconded the motion and it passed with six affirmative votes.
The Mayor presented a request for payment of the final bill/retainer from J. Hiers Construction for Phase I of the City’s Drainage Improvement Project. After discussion of this item Councilman Myrick made a motion to deny payment due to unresolved issues with the project and requested that a letter be issued to the contractor addressing the specific items of concern. Councilman Baxter seconded the motion and it passed with six affirmative votes.
City Council discussed information regarding the financing of the new Bloomingdale Fire Station. It was noted that the SPLOST 08-13 monies designated for Public Safety were to be used for the construction of the new fire department, but the funds are expected to be approximately 15% less than originally estimated and will not start coming to the cities until November, 2010. Council discussed the use of the SPLOST 03-08 funds on hand (approximately $485,000 that was designated for use in local paving projects and/or projects in the City’s adopted CIP plan) to begin the construction project and to cover the shortfall between the $700,000 designated in SPLOST 08-13 Public Safety and the bids received for the project. When the payments of the SPLOST 08-13 monies start coming in from the county, the monies borrowed from the SPLOST 03-08 and used toward the fire station construction can be returned to this fund prior to the expending of monies for any other SPLOST 08-13 projects. After the discussion, Councilman Myrick made a motion to follow the plan for the financing of the new fire station outlined. Councilman Baxter seconded the motion and it passed with six affirmative votes.
Bill Nicholson with Hussey, Gay, Bell & DeYoung Engineering presented an updated exhibit of Phase II of the City’s drainage plan. The areas involved were bounded on the north by U.S. Hwy 80, on the west by Cherry Street, on the south by the railroad, and on the east by the improvements constructed in Phase I. Mr. Nicholson stated that the estimated cost of $1,828,300 includes construction and contingency but does not include rights of way acquisition or easements that may be necessary. He also pointed out that although the proposed improvements have been divided into five separate phases, these areas are flexible. Council was advised that in some cases there are entire ditches located on private property and the goal is to get them into rights of way areas and off private property, however, Mr. Nicholson stated that if there are ditches that cannot be relocated the engineers would assist in obtaining easements from the property owners. Council was advised that the ditches would be looked at on an individual basis to determine the improvements that would better benefit the overall drainage of the City. Councilwoman Griffin asked if there would be any change in the discharge into the Hardin Canal and was advised there would be no increase in the impact from what was approved during Phase I and HGBD will work with the county to insure that they are agreeable with the design. Council was informed that the project could be sent out for bids within 60 to 90 days after the design has been approved. The Mayor thanked Mr. Nicholson and stated that council will review the information.
The Mayor informed council that EMC Engineering has reviewed and recommend payment of Pay Request #1 in the amount of $15,067.35 from R. B. Baker, Inc. for work performed through May 31, 2010 on the Stagecoach Road paving project. Councilman Kerby made a motion to execute payment of the pay request. Councilman Myrick seconded the motion and it passed with six affirmative votes.
Council was informed that the city had been in negotiations with Mr. Richard Meyer from 2002 to 2004 for a property swap that resulted in the City’s obtaining some of the property being used for the paving of Stagecoach Road. During the negotiations Mr. Meyer had requested two entrances onto his property for use in his tree farming business. Although council had agreed to the installation of two culverts on his property they did not make any financial commitment for the cost of the culverts. At the City’s request, EMC Engineering obtained a quote from R.B. Baker for the installation of two driveway culverts for a total of 28’ of pipe with two flared end sections and rip-rap on the ends of the pipe. The price obtained was $7,186.80. Councilman Kerby made a motion to purchase the culverts at a cost of $7,186.80 for the installation of two driveway culverts on the property owned by Mr. Richard Meyer involved in the Stagecoach paving project. Councilman Crosby seconded the motion and it passed with six affirmative votes.
Mayor Tipton recognized Jennifer Walker who submitted a request for a home occupation license to operate the office only of a bookkeeping business to be known as “Buck’s E. Service” from her residence located at #81 Godley Road. Ms. Walker will be the only employee and there will be no traffic coming to her home. Councilman Crosby made a motion to waive the public hearing and issue the license to Jennifer Walker for the “office only” of Buck’s E. Service bookkeeping at #81 Godley Road. Councilman Kerby seconded the motion and it passed with six affirmative votes.
The Mayor presented a request for a well permit submitted by Mr. Kenneth Selman for his property located at #1418 Pine Barren Road to supply water to his rental trailer. It was noted that the City did not provide water service in this portion of the City. Councilman Rawlings made a motion to approve the issuance of the well permit to Mr. Selman. Councilwoman Griffin seconded the motion and it passed with six affirmative votes.
Councilman Rawlings made a motion to hire Hussey, Gay, Bell & DeYoung as the design consultant for the water/sewer service with the extension coming from Jimmy Deloach Parkway and the sewer lines to tie into the city sewer service for the Food Lion (JDH) development. Councilman Crosby seconded the motion. Mr. Bill Lovett a representative of HGBD presented design information for the water/sewer extension for the Food Lion development project. The HGBD design included 12” water lines without a booster pump and also included an upgrade to the Maple Street pump station from 230gals. to 500gals. Councilman Myrick pointed out that the previous model submitted by EMC was designed using 16” lines. Mr. Lovett informed council that HGBD felt the 16” was not needed based on their knowledge of the Pooler system and felt the city would get sufficient fire protection from the 12” lines. Councilman Myrick asked where the water connection to the Pooler system would be located. Mr. Lovett reported he wasn’t certain how far from the Bloomingdale City limits the existing water line ends, but would work with Pooler to put the metering station at the city limits. Mr. Lovett reported that Pooler would benefit from the portion of the line in their city limits so the city could negotiate with Pooler on costs related to running the line into Pooler. Councilwoman Griffin questioned if the model included cost of directional bores and wetlands. Mr. Lovett reported there is an existing casing under Highway 80 that can be used for the force main but there was no cost included for directional bores. He also reported there should not be any wetland issues since the construction would be using the existing rights of way with the metering station at the city limits. Councilman Crosby questioned the time frame of the project and Mr. Lovett expressed the need to bid the job within ninety (90) days since the contract with Food Lion (JDH) allowed a year to provide utility services. Mr. Lovett advised council that the job would usually go out for bids after state permit approvals have been received, but with this tight schedule, he recommended the city bid the job at the same time the permit applications are submitted to the state. Councilman Rawlings questioned how many fire hydrants were proposed and Mr. Lovett reported there would be seven (7) fire hydrants, but the design could include stub outs for additional hydrants. Fire Chief Tyler stated that the seven (7) fire hydrants would be adequate. Councilman Crosby questioned how many gallons a day would Pooler provide to the City. Mr. Lovett stated the agreement was for 300,000 per day, but could be amended. Councilman Baxter reported that this was a great opportunity for the city to prove to EPD that the city is pursuing an alternate water source which would supply all new development that would come down Jimmy Deloach to I-16 with surface water.
Citizen Mike Wedincamp questioned if the development would go down Jimmy Deloach all the way to Highway 80. Mayor Tipton explained the line would run down Jimmy Deloach and when it got to Cheyenne Road it would go through Mr. Wedincamp’s property to the development. The Mayor recognized Tim Baumgartner with EMC Engineering who stated he wanted to address council regarding this project. He questioned why the project was taken away from EMC after all the work they had performed over the last two (2) years. He noted that EMC Engineering had prepared concepts and cost estimates at the direction of the city, worked and met with the current Mayor and Council, the previous City Council and City Administrator, the City Attorney, and the developer to prepare alternatives and phasing plans, as well as supplied estimated construction costs for infrastructure improvements for the development that had met the budgeted funds. Mr. Baumgartner pointed out that the information provided by EMC Engineering was used in negotiating the funding for the project and he felt cost estimates should be compared to be sure they are apples to apples. Citizen Billy Strozier asked if Food Lion was paying for the costs related to the extension of the infrastructure to the development and was advised that they were committing $1.2 million dollars to the project, but were not paying the full cost. Councilman Kerby stated that he favored this plan to get the city more water capacity. Councilman Baxter pointed out there is an option with the 2008-2013 SPLOST whereby the city could amend the Capital Improvement plan to make improves to our utility services and borrow on future SPLOST which, if the city borrowed it, the county would withhold any payments from the SPLOST until the borrowed amount has been paid back. Councilman Crosby pointed out that the contract with Food Lion covered a 20 year period with impact fees collected from various zones being used toward the repayment of the $1.2 million dollars back to the developer. After this discussion, the motion received affirmative votes from Councilmembers Baxter, Crosby, Griffin, Kerby and Rawlings. Councilman Myrick voted against the motion.
Council reviewed a recommendation from the Bloomingdale Recreation Executive Board for the renewal of the terms of board members Debra Brune, Richard Duke and Sonya Carpenter which are due to expire on June 30, 2010. Councilwoman Griffin made a motion to approve the renewal of these board members with terms to expire on June 30, 2013. Councilman Myrick seconded the motion and it passed with six affirmative votes.
The Mayor presented the following recommendations from the Planning Commission from their June 8, 2010 meeting:
1) The Planning Commission is recommending approval of a zoning map amendment request from W. E. Gamble Real Estate on behalf of Fortune Plaza, Inc. to change the zoning for his property consisting of seven (7) lots known as #1705, #1707, #1709, #1711, #1713, #1715 and #1717 E. Hwy 80 from C-1 (Central Business District) / PDOD (Planned Development Overlay District) to C-1 (Central Business District). Councilman Rawlings stated that when the PDOD had been added to the initial rezoning, it was due to concerns about traffic control from seven individual lots and felt that every effort should be made to address this potential problem. Councilman Kerby made a motion to approve the request for the zoning map amendment from C-1/PDOD to C-1. The motion received affirmative votes from Councilmembers Baxter, Griffin, Kerby and Rawlings. Councilman Myrick voted against the motion and Councilman Crosby abstained.
2) The Planning Commission is recommending approval of a zoning map amendment request from
Terry & Debra Stark to change the zoning for their property known as #1402 & #1406 E. Hwy 80
from R-1 (one family residential) to C-1 (Central Business District). Councilman Crosby made a motion to approve the zoning map amendment from R-1 to C-1. The motion received affirmative votes from Councilmembers Baxter, Crosby, Griffin, Kerby and Rawlings. Councilman Myrick votes against the motion. The Starks had also submitted a zoning map amendment for a third property which consisted of a 1.68 acre vacant lot which joins onto the rear of #1402 & #1406 E. Hwy 80 and fronts onto Conaway Road. The Planning Commission did not recommend the rezoning of this tract. Councilman Crosby made a motion to approve the rezoning request since the property joins the two lots owned by the Starks. Councilman Rawlings seconded the motion. Several citizens who live on Conaway Road expressed their concerns about the rezoning of this lot to commercial since its access would be onto Conaway Road rather than Highway 80 and there was already a great deal of residential traffic on this roadway. After additional discussion, Councilman Crosby withdrew his motion to approve the zoning map amendment for the 1.68 tract abutting Conaway Road. Councilman Rawlings withdrew his second to the motion. Councilman Crosby then made a motion to table action on this request to allow the owner to pursue a recombination of the property. Councilman Rawlings seconded the motion and it passed with six affirmative votes.
3) The Planning Commission is recommending approval of a zoning map amendment request from Cecilene Kelley to change the zoning for her property known as #1408 E. Hwy 80 from R-1 (one family residential) to C-1 (Central Business District). Councilman Crosby made a motion to approve the zoning map amendment request from R-1 to C-1. Councilman Rawlings seconded the motion and it passed with six affirmative votes.
4) The Planning Commission is recommending approval of the zoning map amendment request from
F. Edward Daly to change the zoning of his property from R-1 (one family residential) to C-1
(Central Business District). Councilman Crosby made the motion to approve the zoning map
amendment request from R-1 to C-1. Councilman Rawlings seconded the motion and it passed with
six affirmative votes.
The Council was informed that Seat #5 of the Planning Commission has been vacated with the resignation of Glenda Key. The term of Seat #5 expires on December 31, 2011. Councilman Crosby made a motion to appoint Betty Burke to fill the unexpired term for this seat. Councilman Kerby seconded the motion and it passed with six affirmative votes.
Mayor Tipton advised council that Nehemiah’s Builders, the volunteer group from Bloomingdale First Baptist Church, is requesting an extension until July 31, 2010 to complete the repair work on the residence located at #1112 E. Hwy 80 owned by Earl & Janet Conaway who currently live in the City-owned residence located at #4 Pine Street. Councilman Myrick made a motion to allow the Conaway’s to live in the City-owned residence at #4 Pine Street until August 31, 2010 to allow the volunteer group more time to complete the repairs to Conaway’s home at #1112 E. Hwy 80. Councilman Baxter seconded the motion and it passed with six affirmative votes.
City Council was advised that Thomas Thompson with the MPC had requested the city appoint an elected official to a committee to work towards the possibility of the creation of a position within the MPC to be funded by the West Chatham cities to assist them with the application and use of mapping services provided by SAGIS. Councilman Myrick made a motion to appoint Councilman Jerry Crosby to serve on the SAGIS mapping committee with MPC. Councilman Baxter seconded the motion and it passed with affirmative votes from Councilmembers Baxter, Griffin, Kerby, Myrick and Rawlings. Councilman Crosby abstained.
The Council reviewed a request from Mr. Tom Terry to place another residence on his property on Adams Road. After a brief discussion Councilman Crosby made a motion to refer this item to the Planning & Licensing Committee along with the Planning Commission Chairman for them to meet with Mr. Terry to look at a solution to his request. Councilwoman Griffin seconded the motion and it passed with six affirmative votes.
The Mayor advised that during the pre-agenda meeting Councilman Rawlings presented a request on behalf of the Bloomingdale History Society, the Bloomingdale Lions’ Club and the Bloomingdale Garden Club for the city to pay for the cost of hotdogs, hamburgers, buns and condiments for the “Evening in the Park” event to be held on July 17, 2010 at the Bloomingdale Community Pavilion. During this discussion an attendee in the pre-agenda meeting volunteered to make a donation of $200.00 toward the cost of these items for this event. It was noted that the Recreation Department would be doing the cooking of the hotdogs and hamburgers and would be selling them for a nominal fee as a fund raising project.
The Mayor presented a resolution authorizing a delay in the adoption of the FY 2010/2011 budget with restrictions regarding limitations on purchases and capital expenditures. Councilman Baxter made a motion to execute the resolution. Councilman Kerby seconded the motion and it passed with six affirmative votes.
Mayor Tipton advised there had been some concerns over the council meeting agenda deadline being on the Friday prior to council meeting. With this deadline there isn’t enough time to get the agenda prepared and distributed for council review. Councilwoman Griffin made a motion to change the deadline for items to be submitted for inclusion on the council agenda to the Wednesday prior to a council meeting beginning with the September 16, 2010 meeting. Councilman Baxter seconded the motion and it passed with six affirmative votes.
Councilman Crosby made a motion to adjourn into executive session to discuss real estate acquisition and personnel issues. Councilman Myrick seconded the motion and it passed with six affirmative votes. .At the conclusion of the executive session, Councilman Baxter made a motion to return to the general session and to execute the signed affidavit as required by the Open Meetings Act. Councilman Crosby seconded the motion and it passed with six affirmative votes.
The accounts payable were reviewed with Councilman Myrick making a motion to pay the bills. Councilwoman Griffin seconded the motion and it passed with six affirmative votes.
Councilman Kerby made a motion to adjourn at 9:45pm. Councilwoman Griffin seconded the motion and it passed with six affirmative votes.
Respectfully submitted, Diane Proudfoot, Assistant City Clerk
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.