April 21, 2005


The meeting was called to order by Mayor Rozier with Councilman Myrick leading in prayer.  Council reviewed the minutes of the April 7th meeting with Councilman Ray making a motion to approve the minutes.  Councilman Johnson seconded the motion and it passed with four affirmative votes.




Attorney Dickey reported that he had talked with Barbara Gallo regarding council’s concerns about the legal expenses that are continuing to accrue while the City is waiting for a ruling from the judge on our pending lawsuit against EPD.  Attorney Dickey reminded the Mayor and Council that there were actually two lawsuits filed on behalf of the City, however, Ms. Gallo stated that she would limit the legal expenses as much as possible.


Mayor Rozier reported that the City had received payment from Don Amerson for the costs related to the extensions of the water and sewer mains to his property located off Poplar Street.


The Mayor stated that “No Parking” signs had been installed on both sides of Douglas Court near the entrance and exit driveways of the Krispy Chic.  Mayor Rozier pointed out that, initially, signs were being placed further down the street, but he had received several citizens’ complaints so the signs were being limited to those placed near the intersection of Douglas Court and Hwy 80.  Councilman Ray stated that the City has an ordinance against parking on the street right of way and if this becomes a problem further down the street or in other areas of the City the ordinance needs to be enforced for not only commercial, but also residential zones.




Mayor Rozier presented for a second reading and approval the enacting and adopting ordinance for the New Code.  After a brief discussion, Councilman Ray made a motion to approve the second reading of the ordinance, Councilman Myrick seconded the motion and it passed with four affirmative votes.  Councilman Myrick then made a motion to approve the enacting and adopting ordinance for the New Code which includes ordinances as adopted through November 18, 2005.  Councilman Johnson seconded the motion and it passed with four affirmative votes.


Council was reminded that the New Code does not include utility rates, permit fees, regulator fees or occupational tax fees.  This procedure will allow council to make changes to these rates and fees without having to amend these ordinances.  When an ordinance includes a fee, the New Code makes reference to the Fee Schedule Policy on file in the City Clerk’s Office.  Council was advised that the schedule includes all fees that are currently being charged for services that have been either adopted by ordinance or City policy as of April 21, 2005.  It was noted that all future amendments to the fees included in the policy will need to be approved by council.  Councilman Johnson stated that as council has previously discussed, some of these fees need to be revised, however, he understands that we need to approve the schedule as presented with amendments to be considered at a later date.  Councilman Ray made a motion to approve the adoption of the Fee Schedule Policy as presented.  Councilman Myrick seconded the motion and it passed with four affirmative votes.  Mayor Rozier asked if the Fee Schedule Policy would be available online and was advised that it will be included on the City’s Website.


The Mayor recognized Albert Rucker who had asked to be placed on tonight’s agenda to address council regarding a street light in the area of #304 Pine Street.  Mayor Rozier advised Mr. Rucker that the City’s policy has been to install street lights at all major intersections and as he understands it there is a light approximately 150’ from Mr. Rucker’s property.  Mr. Rucker stated that there is a street light at the corner of Pine and Cregor Street, but there are some dark areas between the lights.  Mr. Rucker advised council that there are several children in the neighborhood that ride their bikes and play in this area and he felt it would be a safer environment if there was better lighting.  Mayor Rozier pointed out that the problem with placing a street light between intersections is that if the City agrees to put one in this area, there would be other citizens requesting the same thing and with limited funds, the City just could not afford the additional expenses.  Councilman Johnson informed Mr. Rucker that the Mayor was correct about the City’s policy regarding street lights. The Mayor informed Mr. Rucker that it was his understanding that the electric company would install lights in the yards of citizens for about $15 a month and suggested that he consider that option.


Council was advised that the City had received bids from three (3) contractors for the resurfacing of a portion of Cypress Street between Main and Cregor Streets.  This section was included when priority lists were submitted for the resurfacing of Cypress Street by DOT under the LARP program, but it was deleted when the DOT issued their approval in 2000.  General Services Supervisor, Fett Burke, reported that contractors were asked to bid on the furnishing of the equipment, labor and materials for the overlaying of the street with 1½” asphalt in an area 595’ x 20’.  Mayor Rozier opened the bids and they were as follows:  1) Pave-Tech, Inc. - $7,372.00; 2) Ray’s Clearing & Grading Co., Inc. - $8,500.00; and 3) Morgan-Woods, Inc. dba Southern Property Maintenance - $8,262.50.  Attorney Dickey was asked if a contract would need to be executed between the contractor and the City and he stated that usually the contractor would provide this document, but if necessary, he could prepare one.  Attorney Dickey stated that he could look over the contract before it was executed by the Mayor.  After this discussion, Councilman Johnson made a motion to accept the bid from Pave-Tech, Inc. for the overlay work to Cypress Street between Main and Cregor at a price of $7,372.00.  Councilman Myrick seconded the motion and it passed with four affirmative votes.


The Mayor reported that the Planning & Zoning Commission had no new business on their April 19th agenda, but had scheduled a workshop to be held on May 3, 2005 to finalize the proposed changes to the walls and fence ordinance for presentation to council.


Mayor Rozier stated that this concluded the items that were presented by the agenda deadline of Friday, April 15, 2005.


Committee reports were as follows:


Councilman Ray stated that there will be a budget workshop held on Monday, May 9th at 7:00pm at the City Hall.  Council members Myrick and Tyler had no information to report.  Councilman Johnson advised council that the maintenance department was keeping the grass cut and cleaning the ditches.  The Mayor recognized Chief Gossett who introduced Officer Alan Elliott who has been with the police department since last fall and Officer Michael Foune who has worked in the department almost two years.  Chief Gossett pointed out that these officers were available and willing to assist the elected officials and citizens of the City of Bloomingdale at any time.


The accounts payable were reviewed.  Councilman Ray made a motion to pay the bills, Councilman Tyler seconded the motion and it passed with four affirmative votes.


Being no further business, Councilman Myrick made a motion to adjourn at 7:10pm.  Councilman Ray seconded the motion and it passed with four affirmative votes.



Mayor Rozier and Council members Johnson, Myrick, Ray, and Tyler were present at the meeting.