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2001 Council Minutes

NOTICE OF DISCLAIMER: These document are not guaranteed accurate or intended to be the official meeting minutes.  They are intended to provide a general overview about meeting activity. To obtain official meeting minutes, please contact the Pooler City Clerk's office.

January 2, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
January 2, 2001


The regular meeting of the Pooler City Council was held on January 2, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Cowart, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall gave the fire report and reported that he and Mr. Baxter have met with State Representative Ron Stephens requesting $300,000 for the fire department. He stated that Representative Stephens has contacted Mr. Baxter today and said that there is a possibility of the fire department receiving $150,000 from the Governor=s Discretionary Fund.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that basketball signups have concluded, with 20 teams participating and that Pooler will host the CAA Rama to be held on January 20th.

BUILDING/ZONING

Councilwoman Tyler reported that 14 new single family residential permits were issued in December, totaling 274 for the year, with 354 inspections performed.

Under OLD BUSINESS the following was discussed:

1. First Reading on franchise ordinance with AL-CALL, Inc.

Mr. Ellis presented this franchise ordinance, noting that it is for a 10-year period with a two (2) year notice for termination. He recommended to Council that they consider requiring a performance bond or letter of credit be submitted. After discussion, Councilman Cowart made a motion, seconded by Councilman Bryan, to approve this franchise ordinance on First Reading. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of change order #2 for Southside Water & Sewer Project, Phase 2

Mr. Baxter presented a change order in the amount of $89,202.94 for the Southside Water & Sewer Project, Phase 2, stating that this is to run the gravity sewer lines to the Savannah Quarters lift station and that this will be paid for by the GEFA loan. Councilman Bryan made a motion to approve this change order. Motion was seconded by Councilman Wall and passed without opposition.

Mayor Carter reminded the Council of the upcoming Mayor=s Day Conference in Atlanta on January 21st, including the planning retreat scheduled from 8:00 a.m. until 12:00 noon at the Hilton & Towers.

Mayor Carter informed Council of the upcoming Savannah-Chatham Day, asking that they let him know if they plan on attending. He stated that Mr. Baxter will be attending, and asked for Council=s approval to fund the cost for him. Councilman Wall made a motion, seconded by Councilman Bryan, to approve the city to pay for Mr. Baxter to attend this event. Motion passed without opposition.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 6:27 p.m. Motion was seconded by Councilman Seay and passed without opposition.

January 15, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
January 15, 2001 

The regular meeting of the Pooler City Council was held on January 15, 2001. Mayor Buddy Carter called the meeting to order at 6:20 p.m. (delayed due to the public hearing held prior). Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Bryan, seconded by Councilman Wall, with no opposition.

Report from the Standing Committees:
FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance. He stated that there have been reports of people dumping trash at the end of Winskie Road and asked that violators be reported to the police department.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance and that a contractor hit an 8" water main last week.

RECREATION

Councilman DeFilippis reported that basketball practice has begun, with the RAMA being held this Saturday.

BUILDING/ZONING

Councilwoman Tyler reported on the yearly building statistics, including residential as well as commercial projects.

Ms. Peggy Cowart of the Pooler Crossroads Chamber of Commerce presented the award winners from the Christmas decoration contest as follows: Residential: 1st Place - Peggy & Dewey Whitaker; 2nd Place - Ruth & M. W. Stafford; 3rd Place - Tina & Jimmy Anderson; Businesses: 1st Place - Don’s BBQ; 2nd Place - II Sisters; 3rd Place - Cracker Barrel.

Under OLD BUSINESS the following was discussed:

1. Second Reading on franchise ordinance with AL-CALL, Inc.

Mr. Ellis presented this franchise ordinance and after discussion, Councilman Cowart made a motion, seconded y Councilman Wall, to approve of Second Reading. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of zoning map amendment at 704 W. Hwy 80

At this time, Councilman Bryan stepped down from his Council seat. A public hearing was held prior. Councilwoman Tyler presented this request from Mr. Jesse Cosby to rezone his property from R-1A (single family residential) to C-1 (light commercial). At the request of Mr. Cosby, Councilwoman Tyler made a motion to table this item to allow his legal representation to be present. Motion was seconded by Councilman Cowart and passed without opposition.

Councilman Bryan returned to his seat.

2. Approval of zoning map amendment at a 6.52 acre tract on Coleman Boulevard

A public hearing was held prior. Councilwoman Tyler presented this request from Mr. John Kern, agent for Rebecca Benton, to rezone this 6.52 acre tract from C-2 (heavy commercial) to I-1 (light industrial), stating that it is being proposed for a 100,000 square foot warehouse and packaging facility for the adjacent Hershey plant. Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Wall and passed without opposition.

3. Approval of recombination of lots 20 thru 24, Pooler Park of Commerce, Phase II

Councilwoman Tyler presented this recombination of lots 20 thru 24 into one (1) lot and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Wall and passed without opposition.

4. Approval of revised site plan for YMCA

Mr. Baxter presented the revised site plan for the new YMCA, stating that the plan needed to show a 60' right-of-way to the lift station and also a 60' right-of-way to the adjacent land owned by the city. After discussion, Councilman Wall made a motion, seconded by Councilman DeFilippis, to table this item. Motion passed without opposition.

5. Approval of Local Government Agreement with Department of Transportation for intersection improvement at Hwy 80 & Bourne Avenue

Mr. Baxter presented this agreement and after discussion, Councilman Wall made a motion, seconded by Councilman Bryan, to approve. Motion passed without opposition.

6. First Reading on proposed zoning text amendment regarding Planned Unit Developments

A public hearing was held prior. Councilwoman Tyler presented this proposed zoning text amendment, which would allow a property owner to add purchased lands to their existing Planned Unit Development (PUD) master plan. Councilman Wall questioned if the original or majority land owner should be in agreement with this type of addition to an existing PUD. After discussion, Councilwoman Tyler made a motion to approve this zoning text amendment on First Reading, with the changes being made to add that the majority land owner has to approve any addition to an existing PUD. Motion was seconded by Councilman Cowart and passed without opposition.

Mayor Carter presented a resolution opposing the natural gas line proposed to be routed through the cities of Pooler and Bloomingdale. Councilman Bryan made a motion, seconded by Councilwoman Tyler, to adopt this resolution. Motion passed without opposition.

Mayor Carter presented a resolution regarding the city’s application for a Land and Water Conservation Fund Grant for a project at the recreation park. Councilman Wall made a motion to adopt this resolution. Motion was seconded by Councilman Cowart and passed without opposition.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:18 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on January 15, 2001. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis. The purpose of this hearing was to discuss:

1) A requested zoning map amendment at 704 W. Hwy 80 - Mr. Jesse Cosby is requesting to rezone this property from R-1A (single family residential) to C-1 (light commercial). Mr. Cosby addressed Council, requesting that this item be tabled in order to allow his legal representation to be present. Mayor Carter stated that this item would be brought up under New Business and would be voted on then. He further stated that they would go ahead with the public hearing, due to the number of residents present at this time.

Mayor Carter presented a petition signed by those residents opposing this request and a letter from Mrs. Lucille Dowd, stating her opposition also. Several residents of Worthington Estates and the surrounding area were present and expressed their opposition of this rezoning, stating that it would affect the quality of life and depreciate the value of their property. Councilwoman Tyler asked Mr. Cosby is the structural damages on the house were reparable. Mr. Cosby replied that they were not. Mr. Mark Bennett expressed his opinion on behalf of Mr. Cosby, that the repairs to the home were not cost efficient and that Mr. Cosby’s plans for this property would only enhance the area.

2) A requested zoning map amendment at a 6.52 acre tract on Coleman Boulevard Mr. John Kern, agent for Ms. Rebecca Benton, presented this request to rezone a 6.52 acre tract on Coleman Boulevard from C-2 (heavy commercial) to I-1 (light industrial) to allow this property to be used for a 100,000 square foot warehouse and packaging facility that will be supplied from General Manufacturing. He stated that this property is adjacent to the existing General Manufacturing plant and will be used in conjunction with it.

3) A proposed zoning text amendment regarding Planned Unit Developments Mr. Ellis presented this proposed zoning text amendment which would allow a property owner to add purchased lands to their existing Planned Unit Development (PUD) master plan.

There being no further business to discuss, the public hearing was adjourned at approximately 6:15 p.m.

February 5, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
February 5, 2001

The regular meeting of the Pooler City Council was held on February 5, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program. Chief Chan stated that the police department recently participated in the "Snap & Strap Program".

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that basketball has begun.

BUILDING/ZONING

Councilwoman Tyler reported that 21 new single family residential permits were issued in January, with 396 inspections performed.

Mayor Carter presented a plaque to Councilman Seay to be given to Larry McKendree, outgoing Planning & Zoning member, thanking him for his service on the board.

Mayor Carter presented certificates to the attendees of the recent GAZA (Georgia Zoning Administrator) workshop as follows: Planning & Zoning Members, Timmy Lovezzola, Judson Trapnell and Debbie Ryan-Watts, Councilwoman Billie Tyler and Zoning Administrator Jackie Carver.

Mayor Carter welcomed Mr. Bill Haile, President of SunTrust Bank, to the meeting. Mr. Haile presented a check in the amount of $2500 as a donation to the Joe Baker Park Fund.

Under OLD BUSINESS the following was discussed:

1. Second Reading on proposed zoning text amendment regarding Planned Unit Developments

Mr. Ellis presented this text amendment regarding adding lands to an existing Planned Unit Development district as long as the criteria is met. Councilman Wall questioned why the city couldn’t handle this type of request on a case-by-case method. Councilman Cowart stated that there needed to be guidelines in place so as not set a precedence. After discussion, Councilman Bryan made a motion, seconded by Councilman Seay, to table this item. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of minor subdivision on Coleman Boulevard

Councilwoman Tyler presented this request from Mr. John Kern to subdivide a 10.173 acre tract into two (2) lots. This property is located on the north side of Hwy 80, along the each side of Coleman Boulevard adjacent to the SPA Industrial Park. After discussion, Councilwoman Tyler made a motion to approve this minor subdivision. Motion was seconded by Councilman Cowart and passed without opposition.

2. Approval of conceptual site plan for Savannah Manufacturing warehouse/packaging facility

Councilwoman Tyler presented this conceptual site plan for a manufacturing and packaging facility on Coleman Boulevard, adjacent to the SPA Industrial Park. There was much discussion over the fact that the parking and detention areas are located on the Central of Georgia railroad right-of-way that is within the city limits of Savannah. Councilman Cowart made a motion to approve this site plan, contingent upon the railroad right-of-way being annexed into the City of Pooler prior to any development. Motion was seconded by Councilwoman Tyler and passed without opposition.

3. Approval of revised drainage/recreational master plan for Garden Acres MH Park

Councilwoman Tyler presented this revised drainage and recreational master plan for Garden Acres Mobile Home Park, stating that there were still concerns over the recreational area and what it would include. Mr. Steve Wohfeil of HGB&D Engineers was present on behalf of the owner, Mr. Donny Tuten. He stated that the revision includes an increase in lot sizes from 40' by 100' to 50' by 100' to accommodate double-wide manufactured homes. After discussion, Councilwoman Tyler made a motion to approve this revised drainage/recreational master plan, contingent upon Mr. Tuten completing a substantial amount on the recreational area prior to approving construction plans for Phase II of the mobile home park. Motion was seconded by Councilman Bryan and passed with Councilman Cowart and Councilman DeFilippis opposing.

4. Approval of revised site plan for Westbrook Golf Clubhouse

Councilwoman Tyler presented this site plan, stating that all engineers’ comments have been addressed and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

5. Approval of site plan for office building at 205 S. Skinner Avenue

Councilwoman Tyler presented this site plan for Mr. Larry Young’s office building and made a motion to approve. Motion was seconded by Councilman DeFilippis and passed without opposition.

6. Approval of site plan for Hargray Telecommunications at Godley Station Amenities area

Councilwoman Tyler presented this site plan for a building to house telecommunications equipment to be located at the Godley Station Amenities area. After discussion, Councilman Cowart made a motion, seconded by Councilman Bryan, to approve this site plan. Motion passed without opposition.

7. Release of maintenance bond for Mill Creek Subdivision

Mr. Baxter presented this request from the developer, stating that an inspection has been performed and that the project has met all the city’s requirements. Councilman Wall made a motion to release the maintenance bond for Mill Creek Subdivision. Motion was seconded by Councilman Bryan and passed without opposition.

8. Release of maintenance bond for The Villages Subdivision I, II and III

Mr. Baxter presented this request from the developer, Mr. Fred Williams. Mr. Tim Inglis, Director of Public Works, stated that there was a problem with there not being a signed "maintenance of flow agreement" from the Homeowners’ Association. Therefore, Councilman Cowart made a motion to table this item. Motion was seconded by Councilman Wall and passed without opposition.

9. Approval of surplus property list

Mr. Baxter presented a list of items to be declared surplus, stating that a public auction would be held in the near future. Councilman Wall made a motion, seconded by Councilman Seay, to approve this surplus property list. Motion passed without opposition.

10. Discussion concerning Senior Citizens Program

Mr. Baxter stated that there has been discussion for some time now about the senior citizen program, the amount of money from Pooler taxes that has been put into it and the number of participants who do not live within the city limits. This program has been minimally supplemented by the City of Bloomingdale in the past and officials from both cities have met and were unable to reach an agreement on increasing this amount. Mr. Baxter presented a letter from the Mayor Strozier of Bloomingdale, stating that additional funds are not available at this time. He stated that it was not fair for the taxpayers of Pooler to fund a program for those who did not live in our city and that the only alternative was to implement a user fee (per day) to be paid by those individuals wanting to participate in the program. This user fee would help offset the cost of the program. Ms. Kay Sapp, Senior Citizen Director, presented Council with ideas she has found that will help reduce the cost. After further discussion, Councilman Bryan made a motion, seconded by Councilman DeFilippis, to send a letter to those who live outside the city limits regarding the implementation of this user fee. Motion passed without opposition.

11. First Reading on amendment to ordinance regarding travel policy

Mr. Baxter presented this amendment to the ordinance, increasing the reimbursement for travel expense from 29 cents per mile to 34.5 cents per mile. Councilman Cowart made a motion to approve this amendment on First Reading. Motion was seconded by councilman Bryan and passed without opposition.

Councilman DeFilippis made a motion to adjourn to Executive Session at approximately 7:25 p.m. to discuss personnel and legal matters. Motion was seconded by Councilman Bryan and passed without opposition.

Mayor Carter called the meeting back to order at 7:50 p.m.

Councilman Wall made a motion to increase the city attorney’s per month retainer fee by $250. Motion was seconded by Councilman Seay. Councilman Bryan, Cowart and Councilwoman Tyler voted in opposition of the motion. Mayor Carter voted in favor of the motion, thus breaking the tie. Motion passed.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:52 p.m. Motion was seconded by Councilman DeFilippis and passed without opposition.

February 19, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
February 19, 2001


The regular meeting of the Pooler City Council was held on February 19, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Cowart, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay subject to funds. Motion was seconded by Councilman Seay and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report. He asked that while construction is going on at the Pooler Parkway/Hwy 80 intersection everyone be patient and drive safely.

Chief Jimmy Fields stated that the fire department cookbooks would be ready for sale around March 15th.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance and that the drainage improvement project on Pine Barren Road will begin soon. He stated that several violations to the city’s sign ordinance have been reported to the inspections department and asked that signs not be placed on telephone poles.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that basketball season is winding down and that the recreation committee has purchased lights for the pavilion which were installed by Ricky Hearn at no charge. He stated that with the upcoming baseball/softball season approaching, the park was in dire need of additional parking. Councilman DeFilippis made a motion to add Item #12 under New Business to discuss this matter. Motion was seconded by Councilman Wall and passed without opposition.

BUILDING/ZONING

Councilwoman Tyler reported that 18 new single family residential permits were issued this month, totaling 39 year to date; that Schlotzsky’s Deli has opened and that it has been reported in the construction review publication that Pooler issued more building permits in 2000 than any other municipality or county in the southeast.

Mayor Carter presented the girls’ softball team from West Chatham Middle School who captured the 2000 Middle School Championship with a undefeated season.

He also presented four (4) of these girls who were "World Series" champions last year.

Under OLD BUSINESS the following was discussed:

1. Approval of revised site plan for YMCA

Mr. Baxter stated that the petitioner has requested that this item be tabled. Councilman Wall made a motion, seconded by Councilwoman Tyler, to table this item. Motion passed without opposition.

2. Second Reading on amendment to ordinance regarding travel policy

Mr. Baxter presented this amendment to the ordinance regarding reimbursement of travel expenses, increasing the per mile rate from 29 cents to 34.5 cents. Councilman Wall made a motion to approve this amendment on Second Reading. Motion was seconded by Councilman Bryan and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of minor subdivision of 1.83 acre tract on East Highway 80

Councilwoman Tyler presented this minor subdivision on East Highway 80, making a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

2. Approval of revised site plan for Travelodge

Councilwoman Tyler presented the revised site plan for Travelodge, stating that the owner has been unable to acquire an easement to use the Pooler Square Subdivision for access, making it necessary to revise the plan to access directly onto Continental Boulevard. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve this site plan. Motion was seconded by Councilman Bryan and passed without opposition.

3. Approval of revision to Towne Lake Subdivision, Phase 2

Councilwoman Tyler presented the revised plat for Towne Lake Subdivision, Phase 2, stating that Lot 79 needed to reflect a 15' setback to coincide with the provisions of the subdivision’s Planned Unit Development Master Plan. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

4. Approval of change order #2 for Hwy 80/Pooler Parkway water main relocation project

Mr. Baxter presented this change order for the water main relocation at Hwy 80 and Pooler Parkway, stating that this project is being paid for by Chatham County. Mr. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers was present to answer any questions. After discussion, Councilman Wall made a motion to approve this change order. Motion was seconded by Councilman Bryan and passed without opposition.

5. Acceptance of improvements/approval of maintenance bond for Benton Boulevard

Mr. Baxter presented this request from the developers, stating that all inspections have been performed. Councilman Bryan made a motion, seconded by Councilwoman Tyler, to accept the improvements and approve the maintenance bond for the northern portion of Benton Boulevard. Motion passed without opposition.

6. Approval of amendment to surplus property list

Mr. Baxter presented a list of six (6) vehicles to be added to the surplus property list, which were omitted from the original. Councilman Wall made a motion to add them to the list. Motion was seconded by Councilman Cowart and passed without opposition.

7. Approval of Tuition Reimbursement Policy

Mr. Baxter presented this policy to provide tuition reimbursement to eligible employees who continue their education through the completion of approved courses from accredited educational institutions. He stated that courses must contribute to the employee’s current position and that they will be obligated to maintain employment with the city for the amount of time they spent in school. Councilman Wall made a motion, seconded by Councilman Bryan and passed without opposition.

8. Approval of Agreement with Pooler Area Chamber of Commerce for 2001

Mr. Baxter presented this Agreement with the PACC, Inc. for hotel/motel tax funds to be expended to promote tourism. Ms. Susan Steinhauser, Executive Director of the Chamber, stated that the amount of funds, $107,959.00, reflected a 13% decrease from last year. After discussion, Councilman Bryan made a motion to approve this Agreement. Motion was seconded by Councilman Wall and passed without opposition.

9. Approval of rate increase for commercial sanitation service

Mr. Baxter stated that due to Waste Management’s recent cost increase, it was necessary to adjust the cost of commercial sanitation fees to $55 per pickup for a 6 yard dumpster and $75 per pickup for an 8 yard dumpster. After discussion, Councilman Wall made a motion to approve this increase. Motion was seconded by Councilwoman Tyler and passed with Councilman Bryan opposing.

10. Discussion concerning caboose at Joe Baker Park

Councilman Cowart stated that several months ago he obtained an estimate (approximately $10,000) on having the caboose at Joe Baker Park restored and painted. Since then he has received an estimate for $6830.00 from the same company to perform this work. There was discussion over whether the caboose should remain in the park or be moved to an area more suitable, as well as the cost involved to do so. Mr. Baxter stated that he has received an estimate of $2000 to move the caboose, not including the cost of placing the track at a new site (approximately $500). Councilman Seay gave a brief history of the railroad and how it’s memory should be preserved in the city. He stated that a Victorian-type gazebo could be built at Joe Baker Park to do so. Several residents were present and expressed their desire to have the caboose remain in Joe Baker Park. Councilwoman Tyler made a motion to leave the caboose where it is and to find the funds or a group of volunteers to paint it. Motion was seconded by Councilman Cowart. Councilman Bryan, DeFilippis and Seay voted in opposition of the motion, creating a tie. Mayor Carter voted in opposition of the motion. Motion denied. Councilman Cowart then made a motion, seconded by Councilman Wall, to approve the cost of $6830.00, the low bid from E&D Coatings, to restore and paint the caboose at the optimal time, based on the fact that it might be moved. Motion passed without opposition. After further discussion, Councilman Bryan made a motion to move the caboose to the corner of Rogers Street and Highway 80 on the city’s property, and that a plan be made to obtain the funds and adequate parking needed for this project. Motion was seconded by Councilman Seay; Councilwoman Tyler, Councilman Cowart and Councilman Wall voted in opposition, creating a tie. Mayor Carter voted in favor of the motion. Motion passed.

11. First Reading on ordinance regarding effluent disposal fee for wastewater systems improvements

Mr. Baxter presented an ordinance to establish an effluent disposal fee for the city to be paid by all new customers who wish to connect to the sewer system whose developers have not offered suitable land for the disposal of urban reuse effluent by way of spray irrigation. Mr. Bill Lovett of HGB&D was present and stated that this fee will cover the cost of disposing of the effluent to the wastewater treatment plant. Further, that any customers whose developers have not offered land for this disposal will be subject to a $5 per gallon/day fee, which for newly constructed residences will be $1500.00 to be paid along with all other permit fees. After discussion, Councilman Cowart made a motion, seconded by Councilman DeFilippis, to approve this ordinance on First Reading. Motion passed without opposition.

12. Discussion concerning removal of trees at recreation park for parking area

Councilman DeFilippis stated that he has received three (3) bids for the removal of 31 trees at the park to make room for additional parking. Councilman Wall made motion to award the bid to the low bidder, Cunningham Tree Service, in the amount of $3950.00. Motion was seconded by Councilman Cowart and passed without opposition.

Councilman Cowart stated that the street and drainage committee is looking into the possibility of purchasing a street sweeper.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:39 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

March 5, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
March 5, 2001


The regular meeting of the Pooler City Council was held on March 5, 2001. Mayor Buddy Carter called the meeting to order at 6:07 p.m. (delayed due to the public hearing held prior). Present were Councilmen Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay and Councilwoman Billie Tyler; City Manager Dennis Baxter. Councilmen Robert Bryan and Stevie Wall were absent. City Attorney Wiley Ellis was absent; Attorney Tracy O’Connell was present on his behalf.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Cowart, seconded by Councilman Seay, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Cowart presented bills for payment, making a motion to pay, subject to funds. Motion was seconded by Councilman DeFilippis and passed without opposition.

PUBLIC SAFETY

Councilman Wall was absent. Councilwoman Tyler gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance and that there are ongoing violations to the city’s sign ordinance which would be sent on to court.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that basketball is over and baseball and softball signups will conclude Saturday, with practice beginning next week.

BUILDING/ZONING

Councilwoman Tyler reported that 25 new single family residential permits were issued in February, totaling 46 for the year, with inspections 462 performed.

Under OLD BUSINESS the following was discussed:

1. Release of maintenance bond for The Villages Subdivision I, II and III

Mr. Baxter stated that this item was tabled from the February 5th meeting in order to obtain a "maintenance flow agreement" from the developer, Mr. Fred Williams, which has been signed and submitted. Councilman DeFilippis made a motion, seconded by Councilman Cowart, to release the maintenance bond for The Villages Subdivision I, II and III. Motion passed without opposition.

2. Second Reading on ordinance regarding effluent disposal fee for wastewater systems improvements

Mr. Baxter requested that this item be tabled in order to first meet with the EPD regarding this matter. Councilman Cowart made a motion to table this item. Motion was seconded by Councilman DeFilippis and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for billboard height variance for Trinity Outdoor

A public hearing was held prior. Councilwoman Tyler presented this request from Trinity Outdoor for a 40' height variance for a proposed billboard in the southeast quadrant of I-95 and Highway 80. Councilwoman Tyler made a motion, seconded by Councilman Cowart, to table this item in order to allow Mr. Ellis to further look into this matter. Motion passed without opposition.

2. Request for variance for secondary principal use sign at entrance of Best Western Motel

A public hearing was held prior. Councilwoman Tyler presented this request from Sawyer’s Enterprise for a secondary principal use sign at the entrance to the Best Western Motel, and made a motion to deny this request, based on it not meeting two (2) or the three (3) items listed under the criteria for granting a variance. Motion was seconded by Councilman Seay and passed with Councilman DeFilippis opposing.

3. Approval of final plat for Ashwood Subdivision, Phase II

Mr. Baxter stated that the bond for this project has not yet been received, therefore Councilman DeFilippis made a motion to table this item. Motion was seconded by Councilman Cowart and passed without opposition.

4. Approval of minor subdivision at 404 Salter Street

Councilwoman Tyler presented this minor subdivision for Ms. Christine Moore, and made a motion to approve, based on Planning & Zoning and staff recommendation. Motion was seconded by Councilman Cowart and passed without opposition.

5. Approval of streets to be recommended for resurfacing under contract with Department of Transportation

Councilman Cowart presented a list of 15 streets to be recommended for resurfacing under the State contract and made a motion to approve, contingent upon verifying that the Benton Drive distance to be resurfaced is not on private property. Motion was seconded by Councilman DeFilippis and passed without opposition.

6. Citizens’ presentation of petition in opposition of moving caboose

Mr. James Byrd, resident, presented a petition signed by over 300 citizens opposing the moving of the caboose. Several residents expressed their concerns about the history of the railroad and stated that they felt that the citizens should have been more informed of this matter and should have had their say on whether or not the caboose be moved. Ms. Rebecca Benton questioned why this matter was up for discussion only at the last meeting when it was decided to move the caboose. Councilman Seay gave a brief history of the railroad, particularly where the station was located, which was at the "Pooler Crossroads" (Rogers Street and Highway 80).

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 6:44 p.m. Motion was seconded by Councilman Seay and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on March 5, 2001. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay and Councilwoman Billie Tyler; City Manager Dennis Baxter and Attorney Tracey O’Connell.

The purpose of this hearing was to discuss:

1) A requested billboard height variance for Trinity Outdoor - The petitioner was not present. Trinity Outdoor is requesting a 40' height variance for a proposed billboard in the southeast quadrant of I-95 and Highway 80. Ms. Angela Nease, representing PV Shopping Center, presented Mr. Fred Gretsch’s opposition to this request, based on him not being able to place a billboard on his property, which is a 100 acre site to the north of Trinity Outdoor’s site. Mr. Melvin Johnson, District Outdoor Advertising Coordinator for the Department of Transportation, was present to answer any questions regarding billboards. He stated that Mr. Gretsch would be allowed to place a billboard on his property. Ms. Rebecca Benton, property owner, stated that she would like the same consideration given to her if this variance is granted.

2) A requested variance for a secondary principal use sign at the entrance of Best Western Motel - Mr. Glenn Sawyer presented this request to place a secondary principal use sign at the entrance of Best Western Motel. He stated that the variance is needed because visibility is blocked by the Jameson Inn and that this sign would be an asset to surrounding companies for advertising their meetings that would be held at the motel.

There being no further business to discuss, the hearing was adjourned at approximately 6:02 p.m.

March 19, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
March 19, 2001



The regular meeting of the Pooler City Council was held on March 19, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilwoman Tyler, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance, that the Pine Barren Road drainage project is ongoing and asked that citizens report any street or drainage problems to City Hall.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance and made a motion to add Item #3 under New Business to the agenda. Motion was seconded by Councilman Wall and passed without opposition.

RECREATION

Councilman DeFilippis reported that baseball and softball practice has begun.

BUILDING/ZONING

Councilwoman Tyler reported that 10 new single family residential permits have been issued this month, totaling 56 for the year and that there is still an inspector position open. Councilwoman Tyler made a motion to add Item #4 under New Business. Motion was seconded by Councilman Bryan and passed without opposition.

Mayor Carter presented the CAA Champion PeeWee boy’s basketball team and the coaches.

Under OLD BUSINESS the following was discussed:

1. Approval of revised site plan for YMCA

Mr. Baxter stated that he met with representatives from Branigar and the YMCA and there are still issues that needed to be resolved prior to approval. Councilman Cowart made a motion, seconded by Councilman Wall, to table this item. Motion passed without opposition.

2. Request for billboard height variance for Trinity Outdoor

Councilwoman Tyler presented this request for a 40' height variance for a proposed billboard in the southeast quadrant of I-95 and Highway 80, on land being leased from Norfolk Southern Railroad. Mr. Morgan Hudgens of Trinity Outdoor was present and stated that there are parts of the city’s sign ordinance that are unconstitutional and that currently there are eight (8) other billboards on I-95 that are the same height as he is requesting. He questioned why these signs were allowed. Ms. Jackie Carver, Zoning Administrator, stated that these signs were permitted by a former building inspector under the Department of Transportation’s approval. Mr. Ellis addressed Council with regards to the standards for a variance, particularly that, if this request is denied, the City was not denying the property owner (the Railroad) any economic use of its property. Further, that there is sufficient legal authority to deny this request. Councilwoman Tyler made a motion to deny this request. Motion was seconded by Councilman Bryan. Discussion continued whereas Mr. Ellis understood that there could be potential litigation if this request is denied. Councilwoman Tyler withdrew her motion; Councilman Bryan withdrew his second. Mayor Carter stated that this item would be brought back for discussion following an Executive Session.

3. Approval of final plat for Ashwood Subdivision, Phase II

Mr. Baxter presented the final plat for Ashwood Subdivision, Phase II, stating that all comments have been addressed and that Mr. Ellis has approved the bond. Councilwoman Tyler made a motion, seconded by Councilman DeFilippis, to approve this final plat. Motion passed without opposition.

4. Second Reading on ordinance regarding effluent disposal fee for wastewater systems improvements

Mr. Baxter requested that this item be tabled. Councilman Wall made a motion to table this item. Motion was seconded by Councilman Bryan and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of amendment to Water & Sewer Agreement with Savannah Quarters, LLP

Mr. Baxter requested that this item be tabled. Councilman Wall made a motion, seconded by Councilman Seay, to table this item. Motion passed without opposition.

2. Approval of final budget adjustment for 2000

Mr. Baxter presented the final budget adjustment for 2000 as submitted by the city’s auditor to adjust the budget to cover expenditure overruns and to re-class expenses and revenues for financial reporting purposes. After discussion, Councilman Bryan made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

3. Approval of upgrade to lift stations at I-95, Garden Acres and one behind Country Hearth Inn

Councilman Seay presented bids for the upgrade of the lift stations at I-95, Garden Acres and Country Hearth Inn, stating that this project was postponed from several months ago due to lack of funding. Mr. John Winn, Wastewater Treatment Plant Operator stated that the city was able to reduce the cost of this project and that the funds have been found in the wastewater department and water and sewer reserves. Councilman Cowart made a motion to award the bid to the low bidder, J&H Waterstop, in the amount of $414,433.00. Motion was seconded by Councilman Bryan and passed without opposition.

4. Discussion concerning containers for temporary storage at Wal-Mart

Councilwoman Tyler presented a request from Wal-Mart to place three (3) containers to store spring merchandise. Mr. Tom Garner, Assistant Manager of Wal-Mart, stated that containers are needed during spring and Christmas and requested that a policy be adopted so that they would not have to come to Council every time they wanted to place containers at the store. Mayor Carter stated that several months ago Council asked the Planning & Zoning Board to look into this matter. Councilwoman Tyler stated that the Board did not want to amend the ordinance at that time. Mayor Carter re-directed Planning & Zoning to look into this matter and bring their recommendation to Council. Councilwoman Tyler made a motion to approve these three (3) containers at Wal-Mart for a 90-day period. Motion was seconded by Councilman Cowart and passed without opposition.

Councilman Seay made a motion to adjourn to Executive Session at approximately 7:00 p.m. to discuss legal matters. Motion was seconded by Councilman Bryan and passed without opposition.

Mayor Carter called the meeting back to order at 7:20 p.m.

Discussion regarding Item #2 under Old Business continued. Councilwoman Tyler made a motion to deny Trinity Outdoor’s request for a billboard height variance. Motion was seconded by Councilman Bryan. Councilmen Cowart, DeFilippis and Wall opposed the motion, creating a tie; Mayor Carter voted in favor of the motion. Request denied.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:25 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

April 2, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
April 2, 2001


The regular meeting of the Pooler City Council was held on April 2, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

Councilman Sonny DeFilippis was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Cowart.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Cowart, seconded by Councilman Wall, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay them subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report. Chief Chan stated that three (3) cars were already budgeted to be leased this year, but do to the recent accident involving a police car being totaled, he was requesting another car to be leased. Councilman Wall made a motion, seconded by Councilman Cowart, to add Item #9 under New Business. Motion passed without opposition.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance and that Steven Chan has been promoted to the position of cross connection flow coordinator.

RECREATION

Councilman DeFilippis was absent. Councilman Seay reported that baseball and softball practice in underway and that the staff is doing a wonderful job keeping the park in shape during the bad weather we have been experiencing.

BUILDING/ZONING

Councilwoman Tyler reported that 19 new single family residential permits were issued in March, totaling 65 for the year, with 374 inspections performed.

Under OLD BUSINESS the following was discussed:

1. Approval of revised site plan for YMCA

Mayor Carter requested that this item be postponed until after an executive session to discuss future acquisition of real estate. Councilman Cowart made a motion to postpone this item. Motion was seconded by Councilman Bryan and passed without opposition.

2. Second Reading on ordinance regarding effluent disposal fee for wastewater systems improvements

Mr. Baxter presented this ordinance and after discussion, Councilman Wall made a motion to approve on Second Reading. Motion was seconded by Councilwoman Tyler and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Mr. Rick Tindol to present 2000 audit

Mr. Tindol of Karp, Ronning, Arkin & Tindol, CPAs, presented the city’s 2000 audit, stating that the city ranks among the best in the nation. He made some recommendations to the Council, including the hiring of an additional person in the finance department.

2. Approval of minor subdivision for northwest corner of Towne Commerce Drive and Pooler Parkway

Councilwoman Tyler presented this minor subdivision for the northwest corner of Towne Commerce Drive and Pooler Parkway. This request is to subdivide 8.14 acres in Townecenter at Godley Station into three (3) lots. Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of construction plans for Pooler Parkway Loop Connector Road

Councilwoman Tyler presented the construction plans for the Pooler Parkway Loop Connector road, which was approved in June of 2000 on a master plan of the approved median cuts along Pooler Parkway. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

4. Approval of recombination of Lots 3 & 6, Singing Pines Subdivision on Pine Barren Road

Councilwoman Tyler presented this revised plat for Pete and Ruby Clifton to remove a 25' access easement which is no longer needed and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

5. Mr. Mark Hall regarding update to development and temporary trailer to operate golf course

Mr. Hall addressed Council regarding his development in the southwest quadrant, a planned unit development with a golf course, which is scheduled to open May 18th. Mr. Steve Wohfeil of Hussey, Gay, Bell & DeYoung Engineers stated that Mr. Hall would be posting a bond for any improvements not yet completed. Mr. Neal Dawson presented a drawing of the development which included four (4) temporary trailers for the golf shop, concessions, sales and administration. He stated that plans are to have the trailers removed within (nine) 9 to 11 months. Mr. Steve Avrilla, manager of the golf course, stated that it is not unusual for this type of development to have temporary trailers.

6. Approval of Right of Way Agreement for Department of Transportation project on Hwy 80

Mr. Baxter presented this Agreement for the DOT’s project for drainage, curb, gutter and storm drain pipe for Highway 80, beginning at Rogers Street and ending at Bourne Avenue. After discussion, Councilman Bryan made a motion to approve this Agreement. Motion was seconded by Councilman Cowart and passed without opposition.

7. Approval of policy and resolution regarding Code of Ethics for City Officials

Councilwoman Tyler presented this Code of Ethics for City Officials policy and resolution, as prepared in ordinance format provided by the Georgia Municipal Association. Mr. Ellis addressed Council with his concern over the language of the ordinance. After discussion, Councilwoman Tyler made a motion to approve this Code of Ethics ordinance on First Reading. Motion was seconded by Councilman Cowart and passed with Councilman Bryan and Councilman Wall opposing.

8. Proclamation regarding "Fair Housing Month"

Mayor Carter read aloud a proclamation declaring the month of April as "Fair Housing Month". Councilman Cowart made a motion, seconded by Councilman Wall, to approve. Motion passed without opposition.

9. Approval of budget adjustment for new police car

Previously, Chief Chan stated that due to one of the police cars in operation being totaled, an additional car was required to be leased. Councilman Wall made a motion to approve this request. Motion was seconded by Councilman Cowart and passed without opposition.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:13 p.m. to discuss pending litigation and future acquisition of real estate. Motion was seconded by Councilman Bryan and passed without opposition.

Mayor Carter called the meeting back to order at 7:28 p.m. Item #1 Under Old Business was brought back up for discussion. Councilman Cowart made a motion to approve the revised site plan for the YMCA. Motion was seconded by Councilman Bryan and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion, seconded by Councilman Seay, to adjourn at approximately 7:29 p.m. Motion passed without opposition.

April 16, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
April 16, 2001


The regular meeting of the Pooler City Council was held on April 16, 2001. Mayor Buddy Carter called the meeting to order at 6:05 p.m. (delayed due to the public hearing held prior). Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion made by Councilman Bryan, seconded by Councilman Wall, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall commended the police department on the great job they did during the recent bomb threat at West Chatham Middle School and those in attendance gave Chief Chan a standing ovation. He then reported on the community service program and gave the fire report. Chief Chan thanked Detectives Randy Lindler and John Schmitt for their time and effort during this investigation.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance and that the Whatley Street lift station is in need of repair. He asked that citizens be more cautious and slow down on roads where work is being performed. John Winn, Wastewater Treatment Plant Operator, informed citizens of the web site address for the plant which is This email address is being protected from spambots. You need JavaScript enabled to view it..

RECREATION

Councilman DeFilippis reported that the baseball/softball season officially begins on Saturday.

BUILDING/ZONING

Councilwoman Tyler reported that 7 new single family residential permits have been issued this month and that Home Depot will open at 6:00 a.m. on May 24th.

Under OLD BUSINESS the following was discussed:

1. Second Reading on ordinance regarding Code of Ethics for City Officials

Councilwoman Tyler stated that Mr. Ellis has recommended his changes to this ordinance, therefore making a motion to table this item to allow Council time to look them over. Motion was seconded by Councilman DeFilippis and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for zoning map amendment of 201.82 acres along Jimmy DeLoach Parkway

A public hearing was held prior wherein several residents expressed their opposition of this rezoning request. Mayor Carter stated that the petitioner has requested that this item be withdrawn.

2. Approval of minor subdivision of Lot 12 out of Mill Creek Village

Councilwoman Tyler presented this minor subdivision of Lot 12 out of Mill Creek Circle and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of final plat for Creekside Subdivision

Councilwoman Tyler presented the final plat for Creekside Subdivision stating that the bond has been issued by a financial institution outside of Chatham County, and therefore, made a motion to table this item until this issue is corrected. Motion was seconded by Councilman Bryan and passed with Councilman Cowart and Councilman DeFilippis opposing.

4. Approval of site plan for Hargray Wireless retail store

Councilwoman Tyler presented the site plan for a retail store in Mill Creek Subdivision, stating that all comments have been addressed. Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition.

5. Approval of construction plan for Garden Acres Mobile Home Park, Phase II

Councilwoman Tyler presented the construction plan for Garden Acres Mobile Home Park, Phase II, stating that the item regarding the berm extending onto private property still has not been resolved and that a substantial portion of the recreation area needed to be completed. Steve Wohlfeil of HGB&D Engineers stated that the developer is looking into this matter in addition to acquiring additional land for the recreation area and would like permission to begin construction, recognizing that there is land available for the recreation area on the master plan. Further, that the developer will have to obtain certificates of occupancy from the city before any mobile homes are occupied. After discussion, Councilman Wall made a motion to approve the construction plan for Garden Acres Mobile Home Park, Phase II, contingent upon no certificates of occupancy being issued until after the berm and recreation issues have been resolved. Motion was seconded by Councilman DeFilippis and passed without opposition.

6. Approval of site plan for Pooler Plaza

Councilwoman Tyler presented the site plan for Pooler Plaza, stating that all engineers’ comments have been addressed but that Planning & Zoning had concerns about the placement of the dumpster adjacent to Highway 80. Due to setback requirements, the developer was unable to find an alternate location. Councilman Wall expressed his concern over potential traffic and drainage problems. Mr. Donald Dyches, owner of the property, stated that these issues have been looked into by the engineers and that he is willing to come up with another name for the plaza, due to the fact that there is already one named as such. After discussion, Councilman Wall made a motion to table this item in order to look into the traffic matter more extensively. Motion was seconded by Councilman Bryan and passed with Councilman Seay opposing.

7. Approval of final plat for Westbrook Subdivision, Phase I

Councilwoman Tyler presented the final plat for Westbrook Subdivision, Phase I and made a motion, based on Planning & Zoning and staff recommendation, to approve, contingent upon approval of the bond. Motion was seconded by Councilman Wall and passed without opposition.

8. Approval of temporary occupancy for three (3) trailers at Westbrook Subdivision/Country Club

Mr. Baxter presented this request from Mr. Mark Hall, developer, stating that these three (3) trailers (manufactured homes) are needed to operate the golf club house, restaurant/beverage center and the administrative office. There was discussion concerning the length of time these trailers would remain and the permit fees for them. Due to the absence of the developer, Councilman Bryan made a motion, seconded by Councilman Cowart, to table this item. Motion passed without opposition.

9. Approval of alcoholic beverage license for Mark Hall

Mr. Baxter stated that due to Item #8 being tabled, it was necessary to table this item. Councilman Wall made a motion to table. Motion was seconded by Councilman Cowart and passed without opposition.

10. Approval of quit claim deed for Bamford Boulevard

Mr. Ellis presented this quit claim deed for Bamford Boulevard to allow JCB to have full egress and ingress to their property. After discussion, Councilman Cowart made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

11. Approval of Intergovernmental Agreement with Savannah Economic Development Authority

Mr. Ellis presented an Intergovernmental Agreement with the Savannah Economic Development Authority to allow for an efficient means for ingress and egress to JCB’s property. After discussion, Councilman Wall made a motion, seconded by Councilman Seay, to approve this Agreement. Motion passed without opposition.

12. Discussion concerning Mayor Carter’s letter to Harold Reheis

Councilman Cowart addressed Mayor Carter about the letter sent to Harold Reheis, Director of the Environmental Protection Division, regarding the EPD’s proposed decision to increase the City of Bloomingdale’s ground water withdrawal permit. Councilman Cowart expressed the concern he and other members of the Council had regarding their understanding was that the letter was supposed to be sent on behalf of three (3) municipalities and that it would be sent from these municipalities expressing a level of concern as to the actions taken by the state. He questioned why the letter was sent from Mayor Carter as opposed to the three municipalities, what the intent was, if the other municipalities were contacted and if any response has been received from the letter. Mayor Carter stated that there was discussion during the executive session at the last meeting about potential lawsuits, not a letter to EPD and that the decision to write this letter was in response to a letter he received from Mr. Reheis. Mr. Ellis stated that the only purpose of the executive session regarding legal matters was to seek his legal advice of possible litigation and that no action was taken as to any letter to be sent or not to be sent and that if it had been taken or attempted to be taken, he would have objected to the executive session. Councilman Wall stated that it was his understanding that if any action were to be taken, it would be discussed at a Council meeting, whether it be a letter or a lawsuit. Mayor Carter stated that he wrote the letter to request a meeting with Mr. Reheis on behalf of the citizens of the City of Pooler, due to the fact that an inequity has been formed by another municipality within the state receiving withdrawal, when the City of Pooler has been denied withdrawal. Further, that the inequity created makes the citizens of Pooler pay higher water prices than other municipalities.

13. Resolution regarding Code of Ethics for City Officials

Councilwoman Tyler read aloud this resolution regarding the Code of Ethics for City Officials, making a motion to adopt this resolution, deleting the footnote. Motion was seconded by Councilman Cowart and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:15 p.m. Motion was seconded by Councilman Seay and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on April 16, 2001. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall. City Manager Dennis Baxter was present.

The purpose of this public hearing was to discuss a requested zoning map amendment of 201.82 acres along Jimmy DeLoach Parkway. Mr. Darrel Hutcheson, owner, is requesting to rezone this property from R-A1 (Residential-Agricultural) to I-1 (Light Industrial). Mayor Carter stated that the petitioner has requested that this request be withdrawn, but that the residents present would be given an opportunity to speak on this matter. R. W. Barnwell, Richard Gorman and Jim Richardson expressed their opposition of this request. Mayor Carter presented a petition signed by some 35 residents stating their opposition.

There being no further business to discuss, the hearing was adjourned at approximately 6:00 p.m.

May 7, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
May 7, 2001

The regular meeting of the Pooler City Council was held on May 7, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Chief Chan reported that the police department had 745 calls for service in April. He stated that the YMCA will be sponsoring a 5K run on June 1st and has requested use of the Pooler Parkway and police assistance during this event. Councilman Wall made a motion, seconded by Councilman DeFilippis to add Item #7 under New Business to discuss this matter. Motion passed without opposition.

Chief Chan presented Officers Damon Aanerud and John Reid who, on March 8, 2001, rescued a toddler from a swimming pool, administered CPR, and undoubtedly, saved his life. Mayor Carter and Councilman Wall presented these officers with "medals of merit" for their actions.

STREETS/DRAINAGE

Councilman Cowart commended the street and drainage for the fine job they were doing.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance, that a newsletter has been sent to every water consumer in the city, notifying them of the water restriction that was still in effect; that the Mayor, Mr. Baxter and himself have met with representatives from the Environmental Protection Division regarding water related issues.

Councilman Seay presented an Intergovernmental Agreement with the Savannah-Chatham County Board of Education for the city to receive an 1860 model cannon to be placed near the caboose.

RECREATION

Councilman DeFilippis reported that baseball and softball games have begun.

BUILDING/ZONING

Councilwoman Tyler reported that 17 new single family residential permits were issued in April, totaling 89 for the year, and reminded everyone that the Home Depot is scheduled to open on May 24th at 6:00 a.m.

Under OLD BUSINESS the following was discussed:

1. Approval of site plan for Pooler Plaza

Mr. Baxter presented the site plan for Pooler Plaza, stating that it was tabled from the last meeting to look into the traffic concerns the Council had expressed. Mr. Steve Wohlfeil of HGB&D Engineering stated that the developer has requested from the Department of Transportation that the curb cut be widened to 30 feet to accommodate the flow of traffic entering and exiting the Plaza. After discussion, Councilman Cowart made a motion to approve this site plan. Motion was seconded by Councilman Seay and passed with Councilman Wall opposing.

2. Approval of temporary occupancy for three (3) trailers at Westbrook Subdivision/Country Club

Mr. Baxter presented this request from the developer of Savannah Quarters to allow three (3) temporary trailers at the new Westbrook Subdivision/Country Club. These trailers would be used for the golf clubhouse, the restaurant/beverage center and an administrative office. After discussion, Councilman Wall made a motion, seconded by Councilman DeFilippis, to approve these temporary trailers for a period not to exceed 10 months. Motion passed with Councilman Cowart and Councilwoman Tyler opposing.

3. Approval of alcoholic beverage license for Mark Hall

Mr. Baxter presented this application for an alcoholic beverage license for Mark Hall at the new Westbrook Country Club, stating that Chief Chan has recommended approval. Councilman Wall made a motion to approve. Motion was seconded by Councilman DeFilippis and passed with Councilman Cowart and Councilwoman Tyler opposing.

4. Second Reading on ordinance regarding Code of Ethics for City Officials

Councilwoman Tyler presented this ordinance regarding a code of ethics for city officials. After much discussion over the provision for penalties, particularly the fine to be imposed by the Aldermanic Board, Councilwoman Tyler made a motion to approve this ordinance on Second Reading. Motion was seconded by Councilman Cowart. Councilman Bryan, Councilman Seay and Councilman Wall voted in opposition of the motion, creating a tie vote. Mayor Carter broke the tie, voting in favor of the motion. Motion passed.

Under NEW BUSINESS the following was discussed:

1. Request for rear setback variance at 143 Village Lake Drive

Mayor Carter stated that the petitioner, Mr. John Waters, has requested that this item be withdrawn.

2. Approval of Southwest Quadrant Phase Two PUD Master Plan

Councilwoman Tyler presented this master plan consisting of a continuum care facility, and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition.

3. Approval of site plan for Premier Fabricators

Councilwoman Tyler presented this site plan, stating that all comments have been addressed and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman DeFilippis and passed without opposition.

4. Approval of preliminary construction plan for Morgan Lakes Subdivision

Councilwoman Tyler presented the preliminary construction plan for Morgan Lakes Subdivision on the Jimmy DeLoach Parkway and made a motion to approve. Motion was seconded by Councilman DeFilippis and passed without opposition.

5. Approval of contract with DOT for Hwy 80 drainage improvements

Mr. Baxter presented this contract for drainage improvements that are needed along with the sidewalk construction project, stating that this will be paid for by the Department of Transportation. Councilman Cowart made a motion, seconded by Councilman Bryan, to approve this contract. Motion passed without opposition.

6. First Reading on ordinance to adopt and enact new Code of Ordinances

Mr. Baxter presented this ordinance stating that the Code of Ordinances has been recodified. After discussion, Councilman Cowart made a motion to approve this ordinance on First Reading. Motion was seconded by Councilwoman Tyler and passed without opposition.

7. Request from YMCA to use Pooler Parkway and police assistance for 5K run on June 1, 2001

Councilman Cowart made a motion to approve the YMCA to use the Pooler Parkway and have police assistance on June 1st for their 5K run. Motion was seconded by Councilman Wall and passed without opposition.

There being no further business to discuss, Councilman DeFilippis made a motion to adjourn at approximately 7:10 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on May 7, 2001. Mayor Buddy Carter called the hearing to order at 6:00 p.m. (delayed due to a prior meeting with developers in the city being held in the courtroom). Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis.

The purpose of this hearing was to discuss a requested rear setback variance at 143 Village Lake Drive.

Mayor Carter stated that the petitioner, Mr. John Waters, has requested that this be withdrawn.

The hearing was immediately adjourned and the City Council meeting was called to order.

May 21, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
May 21, 2001


The regular meeting of the Pooler City Council was held on May 21, 2001. Mayor Buddy Carter called the meeting to order at 6:25 p.m. (delayed due to the public hearing held prior). Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler; City Manager Dennis Baxter and City Attorney Wiley Ellis. Councilman Sonny DeFilippis and Councilman Stevie Wall were absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Seay.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Bryan, seconded by Councilman Cowart, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall was absent. Councilwoman Tyler reported on the police department calls and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis was absent. Councilman Seay urged everyone to attend a t-ball game at the park.

BUILDING/ZONING

Councilwoman Tyler reported that 21 new single family residential permits have been issued this month, totaling 103 for the year and reminded everyone that the new YMCA will be opening soon.

Mayor Carter read aloud a proclamation regarding "Doug Weathers Day" in Pooler, commemorating his retirement after 47 years in the broadcasting business.

Under OLD BUSINESS the following was discussed:

1. Second Reading on ordinance to adopt and enact new Code of Ordinances

Mr. Baxter presented this item stating that the new Code is ready for adoption. Mr. Ellis presented the changes that were made to the Code and stated that this ordinance reflected a provision for fines of not more than $1000 or imprisonment for not more that six (6) months. He stated that our current Charter only allows for a fine of not more than $500 or up to 30 days imprisonment. Councilman Cowart made a motion, seconded by Councilman Bryan, to approve this ordinance on Second Reading, with a change being made to reflect the fine/imprisonment of $500 and up to 30 days in jail. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for conditional use and variance for telecommunications tower at the northwest quadrant of Godley Station Blvd.

A public hearing was held prior wherein there was much discussion over the necessity for telecommunication towers in this area. Councilman Cowart made a motion to table this item in order to further study this matter. Motion was seconded by Councilman Bryan and passed with Councilman Seay opposing.

2. Approval of revised plat for Westbrook Subdivision, Phase I

Councilwoman Tyler presented the revised plat for Westbrook Subdivision, Phase I, stating that all comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of final plat for Godley Villages, Phase IIA & IIB

This item was moved to the foot of the agenda to allow discussion of Item #6. Councilwoman Tyler presented the final plat for Godley Villages, Phase IIA & IIB, stating that the irrevocable letter of credit has been approved by Mr. Ellis, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

4. Acceptance of maintenance bond for Towne Center Spine Road

This item was moved to the foot of the agenda to allow discussion of Item #6. Councilwoman Tyler presented this request to accept the maintenance bond for Towne Center Spine Road. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

5. Approval of First Amendment to the Amended and Restated Water & Sewer

Agreement with Chatham County

Mr. Baxter presented this amendment and after discussion, Councilman Bryan made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

6. Discussion concerning provision in subdivision ordinance for bonding companies/banks to be located within county

Mr. Ellis stated that a problem has occurred with the city’s subdivision ordinance that require a bank issuing a bond, escrow account, certified check or irrevocable letter of credit has to have an office located within the county and that the depositor cannot have any interest in the bank to which an irrevocable letter of credit has been authorized. Further, that according to the city’s ordinance, irrevocable letters of credit should not have an expiration date. Councilman Bryan stated that any accredited bank should be able to issue bonds, irrevocable letters, etc. It was the general consensus of the Council that there needed to be criteria set forth in the ordinance, therefore, Mayor Carter instructed Mr. Ellis to look into this matter.

There being no further business to discuss, Councilman Seay made a motion to adjourn at approximately 7:20 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on May 21, 2001. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Wiley were also present.

The purpose of this hearing was to discuss a requested conditional use and variance for a telecommunications tower at the northwest quadrant of Godley Station Blvd. and Benton Blvd., a residentially zoned area. Attorney Paul Felser presented this request on behalf of Cingular Wireless and Crown Caste Communication and stated that this tower will provide additional coverage to the north side of Pooler in and around the Wal-Mart area. He stated that there is a gap in coverage in this area and the tower is needed in order for them to meet their FCC license requirements. There was much discussion over how many more towers will be permitted in the city and questions were raised as to why they were needed. Mr. Felser stated that metal buildings, as well as foliage, create a loss of the RF signal from these towers. He informed Council that a competitor, American Tower, has petitioned the city to place a tower on an alternate site on the Jimmy DeLoach Parkway, one-half mile from Cingular’s site, but stated that this tower cannot provide the same coverage needs.

There being no further business to discuss, the hearing was adjourned at approximately 6:25 p.m.

June 4, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
June 4, 2001


The regular meeting of the Pooler City Council was held on June 4, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present. Councilman Cowart was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart was absent.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that the baseball and softball seasons were winding down.

BUILDING/ZONING

Councilwoman Tyler stated that 27 new single family residential permits were issued in May, totaling 109 for the year, with 389 inspections performed; that a new Subway restaurant is coming and that there will be a PUD Review Board meeting on Monday, June 11th.

There was no OLD BUSINESS to discuss.

Councilman DeFilippis made a motion to add Item #7 to the agenda. Motion was seconded by Councilman Wall and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of recombination to add 1.23 acres to 1.57 acres at 830 W. Hwy 80

Mr. Baxter presented this request from Mr. Larry Young to add 1.23 acres to a 1.57 acre tract at 830 W. Hwy 80. Councilman Wall questioned whether the Georgia Forestry Commission (adjacent property owner) approves of this request and if they have submitted a letter regarding the same. Councilwoman Tyler questioned whether a curb cut has been approved. Mr. Young stated that there are two (2) curb cuts on this property. Councilman Wall made a motion, seconded by Councilman Bryan, to table this item until the letter from the Forestry Commission is received. Motion passed with Councilman DeFilippis and Councilwoman Tyler opposing.

2. Approval of recombination of northern half of Lots 4 & 5, Collins Subdivision

Mr. Baxter presented this request from Mr. Donald Dyches to recombine the northern half of Lots 4 & 5, Collins Subdivision, stating that this is necessary because it was found out at the time of permitting that there were two (2) lots there. Mr. Baxter further stated that both the lots have already been zoned for the shopping center, Pooler Junction, that has previously been approved. After discussion, Councilman DeFilippis made a motion to approve this recombination. Motion was seconded by Councilman Seay and passed with Councilman Bryan and Councilman Wall opposing.

3. Approval of final plat for Williams Hollow Subdivision

Councilwoman Tyler presented the final plat for Williams Hollow, a 7.74 acre subdivision consisting of eight (8) lots, stating that Williams Hollow Drive is to be a private street with a gated entrance and that Planning & Zoning members questioned how Lot 3 (proposed recreation center) would be conveyed to future property owners that they are responsible for the maintenance of the street. Councilman Wall stated that the road should be built according to the city’s specifications, even though it is a private road. Chief Chan stated that the street would not be patrolled but that the police department would respond to emergency situations. Mr. Fred Williams, owner, presented Council with a written document regarding his request for final acceptance of Williams Hollow Subdivision, asking that it be made a part of the record (copy attached). Mr. Williams stated that it is his belief that city officials have delayed this project for almost a year and that he is requesting final approval. After discussion, Councilman Wall made a motion to approve the final plat for Williams Hollow Subdivision. Motion was seconded by Councilman DeFilippis and passed without opposition.

4. Approval of final plat for Creekside Subdivision

Councilwoman Tyler presented the final plat for Creekside Subdivision,

and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition.

5. Approval of site plan for The Preserve, Phase II

Councilwoman Tyler presented the site plan for The Preserve Apartments, Phase II and made a motion to approve, contingent upon if additional parking is needed, the developer will provide it. Motion was seconded by Councilman Bryan and passed without opposition.

6. Discussion concerning sign ordinance

Mr. Ellis requested that Item #7 be handled prior to this item. Mr. Ellis has requested that an Executive Session be held prior to this item in order to discuss a suit filed against the city by Trinity Outdoor Advertising and that he is going to recommend to Council that there be at least a 45 day moratorium on issuing permits for outdoor advertising signs.

7. Discussion concerning home occupation and fence at Mr. Ron Tyran’s residence

Mr. Tyran was present at the meeting. Mr. Ellis stated that Mr. Tyran has received a letter from Mr. Baxter specifying a violation of the zoning ordinance at his residence . Further, that he has the right to appeal such to the Council. Mr. Tyran questioned the city’s ordinance, stating that he is being cited for having an external sign indicating that there is a home business office on site. He informed Council that he does not have a business at his residence. Further, he has received notice that the sign could be construed as an "off-premises" sign, and has since then been notified that he has a decorative fence in his front yard. He questioned why he could not have a "for sale" sign in his yard. Mr. Ellis stated that this violation be approved by Council to be sent on to municipal court. After discussion, Councilman Wall made a motion to send this complaint to court. Motion was seconded by Councilman Seay and passed with Councilman DeFilippis opposing.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:28 p.m. to discuss legal matters. Motion was seconded by Councilman Bryan and passed without opposition.

Mayor Carter called the meeting back to order at 8:01 p.m.

Item #6 under New Business was brought back up for discussion following the Executive Session. Councilman Wall made a motion to place a 45 day moratorium on issuing permits for outdoor advertising signs and billboards, not to include principal use signs. Motion was seconded by Councilman Bryan and passed without opposition.

There being no further business to discuss, Councilman Seay made a motion to adjourn at approximately 8:02 p.m. Motion was seconded by Councilman Wall and passed without opposition.

June 18, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
June 18, 2001

The regular meeting of the Pooler City Council was held on June 18, 2001. Mayor Buddy Carter called the meeting to order at 6:57 p.m. (delayed due to the public hearing held prior). Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley were also present. Councilman Sonny DeFilippis was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Seay.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Cowart, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis was absent. Councilman Seay reported that the regular baseball and softball season has ended, with the G.R.P.A. tournaments beginning. Councilman Seay stated that Mr. James Peterson has requested to use the gym for a fund raiser for Mary Ann Sammons who is waiting for a liver transplant, and made a motion to approve this request. Motion was seconded by Councilman Bryan and passed without opposition.

BUILDING/ZONING

Councilwoman Tyler reported that eight (8) new single family permits have been issued this month, totaling 117 for the year; that one (1) commercial permit has been issued for Pooler Junction and that there will be a neighborhood watch meeting on Tuesday for the Gleason Heights and Worthington Subdivisions.

Mayor Carter read aloud a proclamation regarding "Management Week in America"

Under OLD BUSINESS, the following was discussed:

1. Request for conditional use and variance for telecommunications tower at the Northwest quadrant of Godley Station Blvd.

A public hearing was held on May 21, 2001 and this item was tabled from that meeting. Councilwoman Tyler presented this request from Cingular Wireless and Crown Caste Communications for a conditional use and variance for a telecommunications tower at the northwest quadrant of Godley Station Boulevard and Benton Boulevard and made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

Under NEW BUSINESS, the following was discussed:

1. Request for height variance for telecommunication tower on Jimmy DeLoach Parkway

A public hearing was held prior. Councilwoman Tyler presented this request from American Tower Management, Inc. for a 160' height variance to place a monopole tower on the southside of the Jimmy DeLoach Parkway. This tower is permitted within the R-A zoning district, but a height variance is needed. Councilwoman Tyler made a motion to approve this height variance. Motion was seconded by Councilman Cowart and passed without opposition.

2. Request to add/rezone approximately 136.69 acres to the existing Jabot PU D Master Plan

A public hearing was held prior. Councilwoman Tyler presented this request to add approximately 136.69 acres to the existing Jabot Planned Unit Development and to rezone this property from MH-2B (manufactured homes) to a PUD Zoning with the southern 56.02 acres being zoned as R-3 (multi-family) and the northern 50.15 being zoned as R-1A (single family residential). After discussion, Councilwoman Tyler made a motion, seconded by Councilman Cowart, to add the 136.69 acres to the existing Jabot PUD and rezone this land to a PUD Zoning, with the northern 50.15 acres being zoned as R-1A and the southern 56.02 acres being zoned as R-3. Motion passed without opposition.

3. Approval of minor subdivision and recombination of Tracts "B" and "C" of the Godley Tract

At this time, Councilman Wall stepped down from his Council seat due to a conflict of interest. Councilwoman Tyler presented this request from International Paper Realty Corporation to recombine Tracts "B" and "C" of the Godley Tract, reducing the size of Tract "C" and splitting Tract "B" into Tracts "B-1" and "B-2", and after discussion, made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

Councilman Wall returned to his Council seat.

4. Approval of revised plat for Westbrook Subdivision, Phase I

Councilwoman Tyler presented the revised plat for Westbrook Subdivision stating that the owner has made changes to the plat (owners’ name, golf course access utility easements being added and a change to "Note 12") since the time of the original approval. After discussion, Councilwoman Tyler made a motion to approve this revised plat. Motion was seconded by Councilman Bryan and passed without opposition.

5. Discussion of provision in Code of Ethics regarding judge pro tem/associates’ ability to appear before municipal court

Mr. Ellis stated that there has been discussion about the provision in the City’s Code of Ethics regarding the judge pro tem and his associates being able to represent clients before the Planning & Zoning Board, City Council and the Municipal Court. He recommended that the provision in Article III regarding "substitute judges" be amended to say that it would exclude them from the list of city officials, particularly since they only fill in on an as-needed basis. After discussion, Councilman Wall made a motion to amend the City’s Code of Ethics on First Reading. Motion was seconded by Councilman Seay and passed without opposition.

6. First Reading on amendment to ordinance regarding shipping containers in commercial and industrial zones

Councilwoman Tyler presented this amendment to the ordinance regarding shipping containers being allowed in commercial and industrial zones, thanking the Planning & Zoning Board for their work on this project. Councilwoman Tyler stated that she has concern over the length of time (60 days) not being adequate for the businesses’ needs, recommending that 90 days would be more suitable. Further, that Item #8 (suspension of permit privileges if ordinance is violated) be omitted from the ordinance. After discussion, Councilman Cowart made a motion to approve this amendment on First Reading, changing the time the containers are allowed to 75 days and omitting Item #8. Motion was seconded by Councilwoman Tyler and passed without opposition.

7. First Reading on amendment to ordinance regarding subdivision maintenance bonds

Mr. Ellis presented this amendment to the ordinance regarding subdivision maintenance bonds, stating that he had been instructed to look into the matter of whether an irrevocable letter of credit or bond could be issued from banks outside Chatham County. He stated that he has recommended that an irrevocable letter of credit may be issued by any acceptable bank, but that bonds may be issued only by a surety or guaranty company qualified to transact business in the State of Georgia. It was the general consensus of the Council that an irrevocable letter of credit should also be issued by only those banks that have offices within the State of Georgia. After discussion, Councilman Cowart made a motion to approve this amendment on First Reading with the provision that an irrevocable letter of credit be issued by a bank that has an office within the State of Georgia. Motion was seconded by Councilwoman Tyler and passed without opposition.

Councilman Bryan made a motion to adjourn to Executive Session at approximately 8:07 p.m. to discuss legal matters. Motion was seconded by Councilman Wall and passed without opposition.

Mayor Carter called the meeting back to order at 8:29 p.m.

There being no further business to discuss, Councilwoman Tyler made a motion to adjourn at approximately 8:30 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on June 18, 2001. Mayor pro tem Seay called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Councilwoman Billie Tyler and Councilman Stevie Wall; Mayor Buddy Carter, City Manager Dennis Baxter and City Attorney Wiley Ellis joined the hearing later in the session.

The purpose of this hearing was to discuss:

(1) A requested height variance for a telecommunication tower on Jimmy DeLoach Parkway - American Tower Management, Inc. has petitioned the city for a 160' height variance to place a 195' telecommunications tower on the property owned by Darrel Hutcheson and partners on the southside of the Jimmy DeLoach Parkway. Attorney Paul Felser addressed Council with regards to this variance and Cingular Wireless’ request for a similar tower. He presented a letter from Bill Holland on behalf of the property owners, stating their approval of this tower. Mr. Felser stated that both towers are unique and are necessary to provide contiguous coverage in the area. Mr. Bill Howard, Zoning Manger for American Tower Management, Inc., presented this variance request, also stating that each of these towers is needed to provide coverage in the area, but that only a height variance is needed for his company’s tower.

(2) A request to add/rezone approximately 136.69 acres to the existing Jabot PUD Master Plan - Loretta Cockrum as agent for the Foram Group, Inc., is requesting an amendment to the Jabot PUD Master Plan to add approximately 136.69 acres to the existing PUD. Also, Ms. Cockrum has petitioned the city to rezone the 136.69 acres from MH-2B (Manufactured Home Subdivision Zoning) to a PUD Zoning. Mr. Jeff Halliburton of Thomas & Hutton Engineering was present on behalf of Ms. Cockrum to answer any questions. An adjacent property owner questioned whether or not her fence which houses livestock would have to be moved to accommodate this development. Another adjacent property owner addressed Council with concern over traffic and drainage. Mr. Halliburton stated that this area would be developed according to the City’s codes and that drainage issues would be addressed on the plans.

There being no further business to discuss, the hearing was adjourned at approximately 6:52 p.m.

July 2, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
July 2, 2001


The regular meeting of the Pooler City Council was held on July 2, 2001. Mayor Buddy Carter called the meeting to order at 6:13 p.m. (delayed due to the public hearing held prior). Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter was present. City Attorney Wiley Ellis was absent. Attorney Tracy O’Connell was present on his behalf.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Cowart, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance and asked the Council to thank the employees for the fine job they were doing.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance and that the cross-connection handbooks were available for the price of $6.00.

RECREATION

Councilman DeFilippis reported that the prep boys baseball team finished 2nd in their district tournament and that the 11 & 12 year old girls and boys are still participating in state and district tournaments respectively.

Councilman DeFilippis made a motion to add Item #11 under New Business. Motion was seconded by Councilman Wall and passed without opposition.

BUILDING/ZONING

Councilwoman Tyler reported that 16 new single family permits were issued in June, totaling 133 for the year, with 322 inspections performed.

Under OLD BUSINESS the following was discussed:

1. Second Reading on amendment to city’s Code of Ethics

Mr. Baxter presented this amendment and Councilman Cowart made a motion to approve on Second Reading. Motion was seconded by Councilwoman Tyler and passed without opposition.

2. Second Reading on amendment to ordinance regarding shipping containers in commercial and industrial zones

Mr. Baxter presented this amendment to the ordinance which would permit shipping containers in commercial and industrial zones. After discussion, Councilman Wall made a motion, seconded by Councilman DeFilippis, to approve on Second Reading. Motion passed with Councilman Cowart and Councilwoman Tyler opposing.

3. Second Reading on amendment to ordinance regarding subdivision maintenance bonds

Mr. Baxter presented this amendment to the ordinance regarding subdivision maintenance bonds with the provision that banks and bonding companies have an office located in the State of Georgia. Councilman Wall made a motion to approve this amendment on Second Reading. Motion was seconded by Councilman Cowart and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for conditional use for daycare center at the YMCA

A public hearing was held prior wherein no opposition was presented. Hal Kraft of HGB&D Engineers was present to answer any questions. Councilwoman Tyler made a motion to approve this conditional use for a daycare center at the YMCA. Motion was seconded by Councilman Bryan and passed without opposition.

2. Request to subdivide a 3.37 acre tract of Townecenter at Godley Station

Councilwoman Tyler presented this request from the Foxfield Company to subdivide a 3.37 acre tract of Townecenter at Godley Station into Lots 6 & 7, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

3. Approval of sketch plan for Urgent One at Godley Station

Councilwoman Tyler presented the sketch plan for Memorial Urgent One @ Godley Station and after discussion, made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

4. Approval of revised plat for Townelake Subdivision, Phase I & II

Councilwoman Tyler presented the revised plat for Townelake Subdivision, Phases I & II, stating that it reflects a change in the utility easement between Lots 55 and 85 and an added "Note 15". Councilman Wall made a motion, seconded by Councilman DeFilippis, to approve. Motion passed without opposition.

5. Approval of Schedule of Fees

Mr. Baxter presented the Schedule of Fees for approval. These fees are based on the current ordinance, with only a few changes to the building and zoning application fees. After discussion, Councilman Wall made a motion to approve the Schedule of Fees. Motion was seconded by Councilman Bryan and passed without opposition.

6. Approval of Intergovernmental Agreement for disbursal of SPLOST funds

Mr. Baxter presented this Agreement between Chatham County and the City of Pooler, stating that it is for the disbursal of Special Purpose Local Option Sales Tax funds for capital improvements and public safety equipment. Councilman Bryan made a motion, seconded by Councilman Cowart, to approve this agreement, contingent upon the funds being able to be used for the payment of existing projects (fire truck). Motion passed without opposition.

7. Discussion concerning expansion of wastewater treatment plant

Mr. Baxter stated that the city has been in the process of expanding the wastewater treatment plant and it is now necessary to determine what capacity is needed. He stated that it was the general consensus that the plant be expanded by 1.5 million gallons per day (mgd), making it a 2.5 mgd plant, with the stipulation that the city receive guarantees (letters of credit) for the expansion. These letters of credit will aid the city in applying for the State Revolving Fund loan, which will help offset the increase to sewer rates. Mr. Bill Lovett of HGB&D Engineers was present and stated that the city has received notice from the developers for sewer reservation and recommends that the plant be expanded to 2.5 mgd. Mr. Baxter stated that this amount may be reduced to 2 mgd if the city does not receive the amount of letters of credit necessary. After discussion, Councilman Cowart made a motion, seconded by Councilman Bryan, to authorize Mr. Lovett to proceed with the expansion of the wastewater treatment plant to a 2.5 mgd capacity. Motion passed without opposition.

8. Approval of resolution regarding State Revolving Fund loan

Mayor Carter read aloud a resolution regarding the State Revolving Fund loan that is necessary for the expansion of the wastewater treatment plant. Councilman Cowart made a motion to approve this resolution authorizing the Mayor to sign any and all documents pertaining to this loan. Motion was seconded by Councilman Seay and passed without opposition.

9. First Reading on zoning text amendment to add car washes, skating rinks and miniature golf to certain zoning districts

A public hearing was held prior. Councilman Wall made a motion to approve on First Reading this zoning text amendment to add car washes, skating rinks and miniature golf courses as "conditional uses" in C-1 (light commercial) zoning districts and as permitted used in C-2 (heavy commercial) zoning districts. Motion was seconded by Councilman Seay. Councilman Bryan, Councilman Cowart and Councilwoman Tyler opposed the motion, creating a tie. Mayor Carter broke the tie by voting in favor of the motion. Motion passed.

10. First Reading on amendment to sign ordinance

Mr. Baxter presented this amendment to the sign ordinance. Councilman Wall stated that the issue of height restrictions on primary and interstate signs needed to be addressed before the second reading. Councilman Wall made a motion to approve the amendment to the sign ordinance on First Reading. Motion was seconded by Councilman Cowart and passed without opposition.

11. Discussion concerning Congregate Title III meals for senior citizen program

Mr. Baxter stated that after meeting with representatives from the Coastal Georgia Regional Development Center it was determined that the city can better serve the senior citizen program by not renewing the contract for meals with the RDC. The contract with the RDC is very stringent in that it requires a certain number of meals to be ordered each day, forcing the senior citizens to remain at the site to receive the meals. Mr. Baxter stated that these meals may be contracted through Senior Citizens, Inc. Ms. Kay Sapp, Site Director, stated that this will allow more flexibility at the center, enabling the seniors to participate in activities outside the center. Councilman Wall made a motion, seconded by Councilman DeFilippis, to not renew the contract for Congregate Title III meals. Motion passed without opposition.

Ms. Rebecca Benton, resident, addressed Council with her concern over the fact that four (4) items were added to the agenda after she received a copy on Friday.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:02p.m. Motion was seconded by Councilman DeFilippis and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on July 2, 2001. Mayor Carter called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter was present. Attorney Tracy O’Connell was present on City Attorney Wiley Ellis’ behalf.

The purpose of this public hearing was to discuss:

1) a requested conditional use for a daycare center at the YMCA - Hal Kraft of HGB&D Engineers presented this request on behalf of the YMCA to construct a daycare facility on their site. This proposed daycare was part of the master site plan and original site plan that was submitted, but was taken out due to lack of funding. Since then the YMCA has partnered with Gulfstream to fund this project.

2) a requested zoning text amendment to add car washes to certain zoning districts - Mr. Lee Allen Smokes has petitioned the city to add car washes as a conditional use in light commercial zoning districts and as a permitted use in heavy commercial zoning districts.

3) a requested zoning text amendment to add skating rinks and miniature golf to certain zoning districts - Mr. Mark Carpenter presented this request to add skating rinks and miniature golf courses as a conditional use in light commercial zoning districts and as a permitted use in heavy commercial zoning districts. Mr. Carpenter would like to open these facilities at the old YMCA building on Hwy 80. Several questions were raised as to hours of operation, security procedures and liability at this facility. Mr. Carpenter stated that his plans are to be open every day and every evening except Sundays, which he will be open only for an afternoon session.

There being no further business to discuss, the public hearing was adjourned at approximately 6:08 p.m.

July 16, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
July 16, 2001

The regular meeting of the Pooler City Council was held on July 16, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter was also present. Attorney Tracy O’Connell was present on behalf of City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that football and cheerleading signups are ongoing.

BUILDING/ZONING

Councilwoman Tyler reported that 15 new single family permits have been issued this month, totaling 140 for the year.

Under OLD BUSINESS the following was discussed:

1. Second Reading on zoning text amendment to add car washes, skating rinks and miniature golf to certain zoning districts

Mr. Baxter presented this zoning text amendment to add car washes, skating rinks and miniature golf courses as "conditional uses" in C-1 (light commercial) zoning districts and as permitted uses in C-2 (heavy commercial) zoning districts. Councilman Wall made a motion to approve this zoning text amendment. Motion was seconded by Councilman Seay. Discussion followed wherein Councilwoman Tyler stated that car washes should not be allowed in light commercial zoning districts. Councilman Bryan, Councilman Cowart, Councilman DeFilippis and Councilwoman Tyler opposed the motion. Motion denied.

2. Second Reading on amendment to sign ordinance

Mr. Baxter presented this amendment to the sign ordinance stating that the city needed to follow the State DOT’s regulations regarding height limitations on interstate billboards. He requested that in Section 66-56, the sentence regarding height limitations be removed as well as in Section 66-58 the maximum number of interstate highway signs be changed to three (3). After discussion, Councilman Wall made a motion to approve this amendment with the aforementioned changes. Motion was seconded by Councilman Bryan and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of decorative fence permit for Godley Station Developers

Councilwoman Tyler presented this request from Godley Station Developers for a decorative fence that has already been installed in front of the six (6) model homes of the Godley Villages and made a motion to deny this decorative fence permit. Motion was seconded by Councilman DeFilippis and passed with Councilman Bryan and Councilman Seay opposing.

2. Request to release letter of credit/accept improvements for Towne Lake Subdivision

Phase II

Mr. Baxter presented this request from Mr. Jerry Konter, developer, to release the letter of credit and for the city to accept the subdivision for maintenance. After discussion, Councilman Wall made a motion to approve this request. Motion was seconded by Councilwoman Tyler and passed without opposition.

3. Award bid for sidewalk project on Highway 80

Mr. Baxter presented the bids for the sidewalk project on Highway 80, stating that the city has received a Transportation Enhancement Activity Grant in the amount of $62,000 to go towards this project, with the remaining funds coming from the Special Purpose Local Option Sales Tax. Councilman Cowart made a motion, seconded by Councilman Seay, to award the bid to the low bidder, Sandhill ALS Construction, Inc. in the amount of $161,335.00. Motion passed without opposition.

4. Decision concerning effluent disposal fees

Mr. Baxter stated that the effluent disposal fees were discussed during the recent retreat and that the Council felt that it was in the best interest of those involved to rescind the action taken earlier this year (April 2nd) regarding the establishment of an effluent disposal fee. He stated that the city would cease collecting this fee and would reimburse those who have already paid these fees up to date. Further, that some of the reasons why the city is able to do this is due to having a golf course where the sewer effluent will be disposed. Councilman Cowart made a motion, seconded by Councilman Seay, to rescind the effluent disposal fee ordinance and to authorize the reimbursement of such fees to those people who have already paid. Motion passed without opposition.

5. Approval of resolution regarding municipal election

Mr. Baxter presented this resolution regarding the Elections Board of Chatham County conducting the city’s municipal election on November 6, 2001. Councilman Wall made a motion to approve this resolution. Motion was seconded by Councilman Bryan and passed without opposition.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 6:45 p.m. Motion was seconded by Councilman Seay and passed without opposition.

August 6, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
August 6, 2001


The regular meeting of the Pooler City Council was held on August 6, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall. City Manager Dennis Baxter was present. Attorney Tracy O’Connell was present on behalf of City Attorney Wiley Ellis.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance and that the list of streets to be recommended to the State for overlay is being completed.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance and he commended the street department on the job they were doing keeping the grass cut in the city.

RECREATION

Councilman DeFilippis reported that football has begun and that for the first time in several years, there will possibly be a 12 & under team.

BUILDING/ZONING

Councilwoman Tyler reported that 25 new single family residential permits were issued in July, with 363 inspections performed.

Mayor Carter introduced Floyd Adams, Mayor of the City of Savannah and 1st Vice President of the Georgia Municipal Association, who presented the City with a plaque commemorating the status of being a "Certified City of Ethics".

Under OLD BUSINESS the following was discussed:

1. Approval of contract with GMA to provide revenue enhancement services regarding hotel/motel and alcohol beverage taxes

Mr. Baxter presented this contract, which was turned down by Council last year, stating that it came up for discussion during the recent retreat. This service will assist the city in recovering revenue to which it is entitled. Councilwoman Tyler stated that several cities have benefitted from these services, and after discussion, made a motion to approve the contract with GMA. Motion was seconded by Councilman Bryan and passed without opposition.

2. First Reading on zoning text amendment to add skating rinks and miniature golf to light commercial districts as conditional uses and to heavy commercial districts as permitted uses

Mr. Baxter presented this zoning text amendment to add skating rinks and miniature golf courses as conditional uses in light commercial zoning districts and as permitted uses in heavy commercial zoning districts. A public hearing was held on July 2nd wherein there was no opposition to having skating rinks or miniature golf courses. Councilman Cowart made a motion, seconded by Councilman Bryan, to approve this zoning text amendment on First Reading. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Mr. Jack Wardlaw’s appeal of decision on July 16, 2001 regarding decorative fence permit at Godley Villages Subdivision

Councilman Cowart presented this item, stating that the Council was misinformed at the last meeting, therefore he was requesting that this permit be reconsidered. Mr. Wardlaw addressed Council, stating that he was unaware of the city’s ordinance requirements for decorative fences. After discussion, Councilman Bryan made a motion to approve this decorative fence permit with a two (2) year limitation for the fence to remain in place. Motion was seconded by Councilman DeFilippis and passed with Councilwoman Tyler opposing.

2. Approval of final plat/acceptance of maintenance bond for Stonewater Subdivision at Pine Barren Plantation

Councilwoman Tyler presented the final plat and maintenance bond for Stonewater Subdivision, stating that all comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

3. Approval of site plan for All American Glass

Councilwoman Tyler presented the site plan for All American Glass, stating that all comments have been addressed and made a motion to approve, contingent upon an easement being granted to the city for the sewer line on this property. Motion was seconded by Councilman Cowart and passed without opposition.

4. Approval of agreement with Chatham County to provide a second source of water to Hunter’s Ridge Subdivision

Mr. Baxter presented this agreement with Chatham County to provide a second source of water to the Hunter’s Ridge Subdivision in the event of an emergency situation only. Mr. Robert Drewry of Chatham County Public Works was present to answer any questions. Mr. Baxter stated that for some time now the city has wanted to acquire the water system from the County, but has not been successful. After discussion, Councilman Cowart made a motion, seconded by councilman Bryan, to table this item to continue negotiations with the County on obtaining this system. Motion passed without opposition.

5. Approval of recombination of Lots C-1 & C-2, Tract 10 of the Houston Tract on Old Louisville Road

Councilwoman Tyler presented this recombination of Lotc C-1 & C-2, Tract 10 of the Houston Tract on Old Louisville Road and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

6. Request to accept maintenance bond/improvements for Parkway Loop

Mr. Baxter presented this request to accept the maintenance bond and the improvements for the Parkway Loop, stating that all inspections have been performed. Councilman Wall made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

7. Resolution of support of the Countywide Stormwater Pollution Prevention Program

Mayor Carter presented a resolution regarding the Countywide Stormwater Pollution Prevention Program. Councilman Cowart made a motion to adopt this resolution. Motion was seconded by Councilman Seay and passed without opposition.

8. Discussion concerning pavilion in Joe Baker Park

Mr. Baxter stated that he has been approached by an individual wanting to use Joe Baker Park for a wedding next Spring. He recommended that residents be allowed to use the park at no charge, but requested that the city clerk keep a calendar for the reservations and that they be made on a yearly basis. Councilman Cowart recommended charging a deposit to cover any clean up cost. Mayor Carter instructed staff to look into this matter.

9. Approval of conceptual plan for sales facility at JCB

Mr. Rich Hallman of Hussey, Gay, Bell & DeYoung Engineering presented a conceptual plan for a sales facility at JCB. He stated that exclusive dealers for JCB have established themselves in the area and will locate on site. Carey Johnson, representative from JCB, was present and stated that the building should be completed within one (1) year, and requested that a temporary trailer be allowed (to be discussed in Item #10) on the property for the businesses that will be selling JCB’s equipment. Mayor Carter stated that the local dealer has abruptly discontinued sales for JCB and it has become necessary for a dealer to be brought in. Councilman Cowart made a motion to approve the conceptual plan for a sales facility at JCB. Motion was seconded by Councilman Bryan and passed without opposition.

Councilman Cowart made a motion to add Item #10 under New Business. Motion was seconded by Councilman Wall and passed without opposition.

10. Approval of temporary sales trailer at JCB site

As discussed in Item #9, a temporary sales trailer is needed on the JCB site, therefore, Councilman Cowart made a motion, seconded by Councilman Bryan, to approve this trailer for the two (2) businesses for a period not to exceed six (6) months from this date. Motion passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:20 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

August 20, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
August 20, 2001

The regular meeting of the Pooler City Council was held on August 20, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall. City Manager Dennis Baxter and City Attorney Wiley Ellis were present. Councilmen Travis Cowart, Jr. and Sonny DeFilippis were absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Bryan.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay subject to funds. Motion was seconded by Councilman Seay and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart was absent.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis was absent.

BUILDING/ZONING

Councilwoman Tyler reported that 10 new single family residential permits have been issued this month, totaling 160 for the year and reported that the Planning & Zoning Board recently attended a zoning workshop in Jekyll Island and, further, that a PUD Review Board meeting has been scheduled for August 27th at 5:30 p.m. to discuss the Hall Development.

Under OLD BUSINESS the following was discussed:

1. Second Reading on zoning text amendment to add skating rinks and miniature golf to light commercial districts as conditional uses and to heavy commercial districts as permitted uses

Mr. Baxter presented this zoning text amendment and Councilman Wall made a motion to approve on Second Reading. Motion was seconded by Councilman Bryan and passed without opposition.

Councilman Wall stated that he has received a complaint from a resident on Lyons Road concerning the dilapidated house owned by Ms. Vaughn, requesting that it be condemned. Mr. Ellis stated that he has been working on an ordinance regarding this matter and will bring it to Council for their approval at the next meeting.

Under NEW BUSINESS the following was discussed:

1. Request for "conditional use" for a skating rink and miniature golf at 605 W. Hwy 80

Councilwoman Tyler presented this request for a conditional use to operate a skating rink and miniature golf course at 605 W. Hwy 80 and made a motion to approve, based on Planning & Zoning and staff recommendation. Motion was seconded by Councilman Bryan and passed without opposition.

2. Approval of site plan for American Port Services on Coleman Blvd.

Councilwoman Tyler presented this site plan stating that the matter of the railroad property being annexed into the City of Pooler will be handled during the next Legislative Session and made a motion to approve this request. Motion was seconded by Councilman Wall and passed without opposition.

3. Approval of minor subdivision of 2.01 acre tract on Big Bend Rd.

Councilwoman Tyler presented this minor subdivision of Ms. Patricia Anderson’s property on Big Bend Road. Ms. Anderson is subdividing Tract "A" into two (2) lots which would be used for single-family development. Councilwoman Tyler made a motion, seconded by Councilman Wall, to approve. Motion passed without opposition.

4. Approval of construction plans for Medical Campus Road off Pooler Parkway

Councilwoman Tyler presented the construction plans for Medical Campus Road which will serve the Commercial Parcel 3 at Godley Station and made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

5. Approval of construction plans for additional lanes to Benton Boulevard

Councilwoman Tyler presented the construction plans for additional lanes to Benton Boulevard and made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

6. Approval of proposal from Coastal Georgia RDC to prepare updated Future Land Use Map

Mr. Baxter presented a proposal from the Coastal Georgia RDC to prepare an updated Future Land Use Map, stating that the city has received a grant in the amount of $2400 from the Department of Community Affairs for this project. The total cost of this project is $3200 and the remaining cost ($800) will be incurred by the city. Mr. York Phillips of the RDC was present to answer any questions. Ms. Rebecca Benton, resident, questioned whether property owners would have any input on this project. Mr. Phillips stated that property owners would have a chance to express their comments to the city and that there would be an informal workshop (to be publicized) to let the community know what the project entails. Councilman Bryan made a motion, seconded by Councilman Wall, to approve this proposal. Motion passed without opposition.

7. Approval of alcoholic beverage license for Sudesh Lal

Mr. Baxter presented this alcoholic beverage license for Sudesh Lal, stating that Chief Chan has recommended approval. Chief Chan stated that this license is for the establishment of a convenience store at 1554 E. Hwy 80 (the old Lonnie Lynch truck stop). Councilman Wall made a motion to approve this alcoholic beverage license. Motion was seconded by Councilwoman Tyler and passed without opposition.

8. Approval of contract with Senior Citizens, Inc. for congregate meals

Mr. Baxter presented this contract with Senior Citizens, Inc. for congregate meals at the senior citizens center. Mr. Ellis stated that his comments have been addressed, therefore, Councilman Bryan made a motion, seconded by Councilman Wall, to approve this contract. Motion passed without opposition.

9. Approval of Oil and Grease Control Policy

Mr. Baxter presented this policy which will provide specific guidelines for commercial grease trap location, design, installation, construction and maintenance in conjunction and compliance with the city’s sewer ordinance. John Winn, Sewer Supervisor, was present and stated that the necessity for this policy is long overdue and that the city has experienced problems at the wastewater treatment plant, caused by grease being emitted from the local restaurants. Councilman Wall questioned whether the restaurants have been notified of this policy. Mr. Winn stated that he would conduct a workshop if necessary to inform them. Councilman Wall made a motion to approve the Oil and Grease Control Policy. Motion was seconded by Councilman Bryan and passed without opposition.

10. Acceptance of maintenance bond/improvements for Pooler Parkway Connector Rd.

Mr. Baxter presented this request from The Branigar Organization, Inc. to accept the maintenance bond in the amount of $39,400.35 and accept the improvements for the Pooler Parkway Connector Road. After discussion, Councilman Wall made a motion, seconded by Councilman Bryan, to approve. Motion passed without opposition.

11. Request to release maintenance bond for Timberland Gap, Phase I

Mr. Baxter presented this request from Fred Williams Homebuilder Inc. to release the maintenance bond for Timberland Gap Subdivision, Phase I, stating that all items have been addressed. Councilman Wall made a motion to approve this request. Motion was seconded by Councilman Bryan and passed without opposition.

12. Approval of budget adjustment for 2001

Mr. Baxter presented a budget adjustment for 2001 to increase revenue and increase expenditures due to monies received from the State of Georgia Local Assistance Grants. These funds will be used to purchase new video cameras for the police cars, to replace the air conditioning system in the gym and to complete improvements at Joe Baker Park. Councilman Bryan made a motion, seconded by Councilman Wall, to approve this budget adjustment. Motion passed without opposition.

13. Resolution regarding Georgia State Minimum Standard Codes for Construction Standard Plumbing Code

Mr. Ellis stated that in January of 2001, the State of Georgia adopted the 2000 International Plumbing Code with amendments which have allowed the primary stack vent in residential and commercial applications to be reduced from three (3) inches to one and one-half (1 ½) inches, but that in "Appendix J" of the Georgia Standard Plumbing Code (International Plumbing Code) Amendments 2001, the issue was addressed requiring the three (3) inch stack vent. He stated that in order to enforce this requirement, the city must first adopt "Appendix J" into the building ordinance, first by way of resolution which will have to be approved by the Department of Community Affairs prior to the city amending the building ordinance. After discussion, Councilman Wall made a motion to approve a resolution to put in effect the old standard for stack vents. Motion was seconded by Councilman Bryan and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 6:39 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

Public Hearing

A public hearing was held on August 20, 2001 prior to the regular City Council meeting. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were present.

The purpose of this public hearing was to discuss a requested "conditional use" for a skating rink and miniature golf course at 605 W. Hwy 80. Mr. Mark Carpenter was present to answer any questions. Councilman Wall questioned whether off-duty police officers would be present for security purposes. Mr. Carpenter stated that they would during evening hours.

There being no further business to discuss, the hearing was adjourned at approximately 5:50 p.m.

September 4, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
September 4, 2001

The regular meeting of the Pooler City Council was held on September 4, 2001. Mayor Buddy Carter called the meeting to order at 6:30 p.m. (delayed due to the public hearing held prior). Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were present. Councilman Sonny DeFilippis was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Cowart.

The minutes of the previous meeting were approved as printed by a motion by Councilman Bryan, seconded by Councilman Wall, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire and police report and presented letters of appreciation to the police department from individuals recently involved in wrecks.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance and stated that a list of streets has been recommended for overlay under the Local Assistance Road Program.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis was absent. Councilman Seay reported that participation in football is the highest it has been in years and that the football rama will be September 15th at Pooler Park.

Mayor Carter stated that the City has been asked by the 165th Air National Guard to use the courtroom on September 15th and 16th for training. Councilman Bryan made a motion, seconded by Councilman Wall, to approve this request. Motion passed without opposition.

BUILDING/ZONING

Councilwoman Tyler reported that 15 new single family residential permits were issued in August, totaling 165 for the year, with 476 inspections performed; that commercial permits were issued for the YMCA daycare center, All American Glass and American Port Warehouse and that the Quacco Road bridge has been removed.

Mayor Carter read aloud a proclamation regarding "Mary Morris Day" in Pooler on Wednesday, September 5th, in appreciation of her generous donation of a new 15 passenger van for the Senior Citizens Program. Ms. Morris received a standing ovation. Mayor Carter presented a plaque to be displayed at the Senior Citizens Center in appreciation of Ms. Morris’ generosity.

Under OLD BUSINESS, Councilman Wall asked Mr. Ellis if the ordinance to handle the situation on Lyons Road (the Vaughn house) was complete. Mr. Ellis stated that he is still working on the ordinance.

Under NEW BUSINESS the following was discussed:

1. Request for side yard fence variance at 1265 DJ’s Way

A public hearing was held prior wherein Attorney James B. Blackburn, Jr. presented this request on behalf of Ms. Connie Rowland, who has placed her fence 30 feet from the street instead of 30 feet from her property line. He stated that the lot is a corner lot and has unique physical circumstances, therefore, a variance was needed. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to deny this request, noting that two (2) of the three (3) standards for a variance (as read aloud by Mr. Ellis) had not been met. Motion was seconded by Councilman Bryan and passed without opposition.

2. Request for conditional use to operate a family home daycare at 14 Lisa’s Ct.

A public hearing was held prior wherein Ms. Shanda K. Reid, owner, presented her request for a conditional use to operate a family home daycare at her residence. Ms. Reid stated that she would care for at least three (3) but no more than six (6) children. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to deny this request. Motion died due to lack of a second. Councilman Wall made a motion to approve this conditional use, contingent upon Ms. Reid’s driveway being expanded to accommodate six (6) cars. Motion was seconded by Councilman Cowart and passed with Councilwoman Tyler opposing.

3. Approval of revised plat for Westbrook Subdivision

Councilwoman Tyler presented the revised plat for Westbrook Subdivision noting the change was made to add more property between the back lot lines and the fairway edge. This added land became available after the golf course was completed. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve this revised plat. Motion was seconded by Councilman Wall and passed without opposition.

4. Approval of Final PUD for Phase Three Development in the southwest quadrant of I-95/I-16 interchange

Councilwoman Tyler presented the Phase Three Development standards for a single-family residential area of approximately 104 acres in the southwest quadrant of

I-95/I-16, and made a motion to approve the Final PUD. Motion was seconded by Councilman Bryan and passed without opposition.

5. Approval to subdivision a .74 acre portion out of 41.93 acres on Jimmy DeLoach Parkway

Councilwoman Tyler presented this request to subdivide a .74 acre portion of a 41.93 acre tract on Jimmy DeLoach Parkway. The owner, Darrel Hutcheson, intends to sell this portion to American Tower Management, Inc. for placement of a communications tower, which has already been approved by Council. Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve this minor subdivision. Motion was seconded by Councilman Wall and passed without opposition.

6. Approval of subdivide 7.44 acres on Highway 80 into Lots A & B

Councilwoman Tyler presented this request from Charles Teel to subdivide 7.44 acres on East Highway 80 across from Coleman Boulevard into two (2) lots and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Wall and passed without opposition.

7. Request to release maintenance bond for the cutting of Tietgen Street

Mr. Baxter presented this request, stating that inspections have been made and the item addressed. Councilman Wall made a motion, seconded by Councilman Bryan, to approve the release of the maintenance bond for the cutting of Tietgen Street for the Harris house. Motion passed without opposition.

8. Request to release performance bond/accept maintenance bond and Maintenance Flow Agreement for Towne Center at Godley Station

Mr. Baxter presented this request, stating that all items have been addressed and the inspections performed. Mr. Ellis stated that he has not seen the wording in the maintenance bond regarding acts of God (i.e. hurricanes, natural disasters) in any other bonds, therefore questioned the Council if they were comfortable with it. Councilman Cowart made a motion, seconded by Councilman Bryan, to table this item to allow Mr. Ellis to contact the bonding company by way of letter for further clarification. Motion passed without opposition.

9. Adoption of millage rate for 2001

Mr. Baxter stated that the 2001 budget was approved with a proposed millage rate of 4.00 mills. Councilman Wall made a motion to adopt the 2001 millage rate at 4.00 mills, which is .22 mills lower than last year. Motion was seconded by Councilman Cowart and passed without opposition.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:10 p.m. to discuss legal matters. Motion was seconded by Councilman Cowart and passed without opposition.

Mayor Carter called the meeting back to order at 8:15 p.m.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 8:16 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on September 4, 2001. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present.

The purpose of this public hearing was to discuss:

1) A requested side yard fence variance at 1265 DJ’s Way - Ms. Connie Rowland, owner, is requesting a side yard fence variance at her residence for a fence (posts only) she has placed on her property 30 feet from the street (curb) instead of 30 feet from the road right-of-way. Attorney James B. Blackburn, Jr., was present on behalf of Ms. Rowland and stated that this is a unique situation because the lot is a double frontage lot. Ms. Rowland presented Council with pictures of other fences that were in people’s front setbacks.

2) A requested conditional use to operate a family home daycare at 14 Lisa’s Ct. - Ms. Shanda K. Reid presented her request for a conditional use to operate a family home daycare at her residence. Ms. Reid stated that she would like to care for at least three (3) but not more than six (6) children and presented Council with a packet of information regarding her intent to operate this business as well as a copy of her application with the State for a child care license. Mr. Ron Carroll, adjacent property owner, expressed his opposition of this request, stating his concern over traffic and safety of the children in the neighborhood. Ms. Pamela Braswell, adjacent property owner, expressed her support of this request. Ms. D. J. Jones and Mr. Brian Prewitt, residents on Lisa’s Court, expressed their concern regarding safety for the children in the neighborhood. Ms. Reid stated that she has obtained an estimate on widening her driveway to accommodate up to six (6) vehicles to keep the children’s parents from blocking other residents’ driveways and obstructing traffic on the cul-de-sac.

There being no further business to discuss, the hearing was adjourned at approximately 6:27 p.m.

September 17, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
September 17, 2001


The regular meeting of the Pooler City Council was held on September 17, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall. City Manager Dennis Baxter and City Attorney Wiley Ellis were also present. Councilman Travis Cowart, Jr. was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report.

STREETS/DRAINAGE

Councilman Cowart was absent.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that the football rama was held last Saturday.

BUILDING/ZONING

Councilwoman Tyler reported that 14 new single family residential permits have been issued this month, totaling 179 for the year and informed the Council of a workshop on basic criteria for site plans to be held on September 24th at 5:00 p.m.

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed:

1. Approval of minor subdivision plat revision of Lot 3 on Coleman Boulevard

Councilwoman Tyler presented this revised plat that adds a 50' utility easement to this lot and made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

2. Approval of streets to be recommended to the Local Assistance Road Program

Mr. Baxter presented a list of streets to be recommended for resurfacing under the State’s Local Assistance Road Program. Councilman Wall made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

3. Discussion concerning decorative fences

Councilwoman Tyler stated that Council had requested that Planning & Zoning review the current ordinance regarding decorative fences and submit their recommendations. There was discussion over the types of material and colors of fences permitted, therefore, Mayor Carter requested that this item be sent back to Planning & Zoning for further comments.

4. First Reading on amendment to nuisance abatement ordinance

Councilman Wall presented this amendment to the nuisance abatement ordinance and made a motion to approve on First Reading. Motion was seconded by Councilman Seay and passed without opposition. Rebecca Benton, property owner, stated that she objects to this ordinance if it applies to any of her buildings.

5. First Reading on amendment to soil erosion and sedimentation control ordinance

Mr. Baxter presented this amendment to the soil erosion and sedimentation control ordinance as required by the State. After discussion, Councilman Wall made a motion to approve on First Reading. Motion was seconded by Councilman Bryan and passed without opposition. Rebecca Benton, property owner, stated that she objects to this ordinance, based on the fact that owners should be compensated for their land.

Councilman Wall made a motion to adjourn to Executive Session at approximately 6:35 p.m. to discuss legal matters. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Carter called the meeting back to order at 7:14 p.m.

There being no further business to discuss, Councilman Bryan made a motion to adjourn at approximately 7:15 p.m. Motion was seconded by Councilman Wall and passed without opposition.

October 1, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
October 1, 2001


The regular meeting of the Pooler City Council was held on October 1, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were present.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report. Chief Chan stated that Captain David Burke has been appointed to the Governor’s Highway Safety Program and that the department has received approximately $35,000 in grant funding this year.

Councilman Wall presented a budget adjustment for the police department, decreasing the jail surcharge account by $1500 and increasing the building maintenance account by $1500 to cover the cost of partial renovation of the building adjacent to the investigations office. Councilman Wall made a motion, seconded by Councilman Seay, to approve this budget adjustment. Motion passed without opposition.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that football is in full swing.

BUILDING/ZONING

Councilwoman Tyler stated that 21 new single family residential permits were issued in September, totaling 186 for the year and that a commercial permit for a chapel at the Mighty Eighth Heritage Museum has been issued. Councilwoman Tyler stated that Joe Harmon has resigned his position on the Planning & Zoning Board, therefore making a motion to appoint Ms. Glenda Champion as Alternate. Motion was seconded by Councilman Bryan and passed without opposition.

Under OLD BUSINESS the following was discussed:

1. Second Reading on amendment to nuisance abatement ordinance

Mr. Baxter presented this amendment to the nuisance abatement ordinance. Councilman Cowart requested that the ordinance be amended so as to require adjacent property owners to be notified when a complaint has been made. After discussion, Councilman made a motion to approve this amendment to the nuisance abatement ordinance on Second Reading. Motion was seconded by Councilman Cowart and passed without opposition.

2. Second Reading on amendment to soil erosion and sedimentation control ordinance

Mr. Baxter presented this amendment to the soil erosion and sedimentation control ordinance. Councilman Wall made a motion, seconded by Councilman Bryan, to approve on Second Reading. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Complaint regarding Vaughn property at 103 Lyons Road, 114 Lyons Road and 270 Dublin Road

Councilman Wall stated that for many years the city has received complaints regarding the properties owned by Ms. Vaughn and made a motion to instruct the building inspector to file these complaints to the municipal court, based on the properties being unfit for human habitation or use due to dilapidation and them not being in accordance with the applicable standard building codes or general nuisance laws. Motion was seconded by Councilman Seay and passed without opposition.

2. Ms. Anne Smith’s request to waive permit for upcoming "Flying Pig Festival"

The "Flying Pig", aka Ms. Anne Smith, addressed the Council requesting that the permit fee for the upcoming "Flying Pig Festival" be waived, that the grass be cut and the water turned on at the festival area on E. Hwy 80 and that the city provide police security. Councilman Bryan made a motion, seconded by Councilman Cowart, to approve these requests. Motion passed without opposition.

3. Approval of Intergovernmental Agreement on Greenspace

Mr. Baxter presented this Intergovernmental Agreement with Chatham County for a greenspace program administered by the Georgia Department of Natural Resources. After discussion, Councilman Cowart made a motion to approve. Motion was seconded by Councilman DeFilippis and passed without opposition.

seconded by Councilman and passed without opposition.

4. Approval of minor subdivision of a 107.415 acre tract at Godley Station

Mr. Baxter presented a minor subdivision of a 107.415 acre tract at Godley Station. After discussion, Councilman Wall made a motion, seconded by Councilman Bryan, to approve the minor subdivision. Motion passed without opposition.

5. Approval of recombination of Lots 5, 6, 7 & 8 into one (1) lot on Morgan Street

Mr. Baxter stated that the petitioner has asked for this item to be withdrawn, therefore, Councilman Bryan made a motion to table. Motion was seconded by Councilman Cowart and passed without opposition.

6. Approval of site plan for Carolina Storage

Councilwoman Tyler presented the site plan for Carolina Storage on Pooler Parkway, stating that all engineer’s comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

7. Approval of minor subdivision plat revision of 2.01 acre tract on Big Bend Rd.

Councilwoman Tyler presented a minor subdivision plat revision of a 2.01 acre tract on Big Bend Road and made a motion to approve. Motion was seconded by Councilman DeFilippis and passed without opposition.

8. Discussion concerning storage containers at Wal-Mart

Mr. Jerry Jackson, manager of Wal-Mart, addressed Council regarding the city’s ordinance for storage containers. He stated that the requirements of the ordinance were unclear to him, namely the 30 day period required between permits being issued. Further, that there were several containers on site which were still full of merchandise from the spring/summer that were in violation of the permit issued in July. Mr. Jackson, along with numerous Wal-Mart associates, expressed the necessity for these containers for a period of more than 75 days, due to the volume of customers. After discussion, Councilwoman Tyler made a motion to waive the 30 day period required between issuance of permits, to allow Wal-Mart’s second permit to be issued for a 75 day period and to waive the penalty for the containers currently in violation of the ordinance. Motion was seconded by Councilman Cowart and passed without opposition. Mayor Carter requested that the ordinance be looked into more extensively and asked Mr. Jackson to be involved with this process.

9. Discussion concerning impact fees

Mr. Ellis stated that discussion regarding impact fees has been ongoing and that he was asked for an opinion after the adoption of an aid-to-construction ordinance. Mr. Ellis stated that he contacted Mr. Ed Sumner, general counsel of the Georgia Municipal Association, regarding this ordinance and his response was that, even though there is a legal questions as to whether it is required, the city should go through the process of having this approved as a development impact fee. He stated that a development impact fee is subject to a series of complicated laws passed by the Legislature back in the early 1990s in which you have to go through all kinds of studies before imposing this type of fee. After discussion, Mayor Carter directed Mr. Ellis to proceed with an investigation of this matter and come back to Council with a recommendation.

10. First Reading on amendment to hotel/motel tax ordinance

Mr. Ellis presented an amendment to the hotel/motel tax ordinance to strengthen the city’s collection ability. After discussion, Councilman Wall made a motion, seconded by Councilman Bryan, to approve this amendment on First Reading. Motion passed without opposition.

11. First Reading on amendment to ordinance regarding Standard Plumbing Code

Mr. Ellis presented this amendment to the ordinance regarding the Standard Plumbing Code for stack requirements. After discussion, Councilman Cowart made a motion to approve this amendment on First Reading. Motion was seconded by Councilman Wall and passed without opposition.

Councilman Bryan made a motion to adjourn to Executive Session at approximately 7:50 p.m. to discuss legal matters. Motion was seconded by Councilman Cowart and passed without opposition.

Mayor Carter called the meeting back to order at 8:43 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:44 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

October 15, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
October 15, 2001


The regular meeting of the Pooler City Council was held on October 15, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition. Councilman Bryan commended Fire Chief Jimmy Fields on obtaining the Special Purpose Local Option Sales Tax money to help pay for the ladder truck.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report. Chief Fields stated that members of the fire department and police department attended a flag dedication at First Baptist Church. Councilwoman Tyler stated that Chief Fields was recognized at that ceremony as being the President of the Fire Chief’s Association for seven (7) years, longer than any other person.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that football is still going on and that basketball signups will begin next week.

BUILDING/ZONING

Councilwoman Tyler reported that 3 new single family residential permits have been issued this month and that the Coastal Georgia Regional Development Center is working on an update to the city’s land use plan.

Mayor Carter stated that a plaque will be presented to Joe Harmon, outgoing Planning & Zoning member, thanking him for his service.

Under OLD BUSINESS the following was discussed:

1. Release of performance bond/acceptance of maintenance bond and maintenance flow agreement for Towne Center @ Godley Station

Mr. Baxter presented this item which was tabled in order to have the wording of the maintenance bond be changed according to Mr. Ellis’ request. This has been done, therefore, Councilman Wall made a motion to approve the release of the performance bond, accept the maintenance bond and the maintenance flow agreement for Towne Center @ Godley Station. Motion was seconded by Councilman Bryan and passed without opposition.

2. Discussion concerning decorative fences

Councilwoman Tyler presented comments from the Planning & Zoning Board regarding decorative fences, to include a height restriction of 36 inches and the wording "sectional drawing" being changed to "front elevation and cross-sectional". Councilwoman Tyler also presented a list of criteria/checklist to address other issues (i.e., easements, fire hydrants, aesthetics) to be considered prior to permits being issued. After discussion, Councilwoman Tyler made a motion to authorize Mr. Ellis to begin the process of amending the decorative fence ordinance. Motion was seconded by Councilman Bryan and passed without opposition.

3. Second Reading on amendment to hotel/motel tax ordinance

Mr. Baxter presented this amendment to the hotel/motel tax ordinance. Councilman Bryan made a motion, seconded by Councilman Wall, to approve on Second Reading. Motion passed without opposition.

4. Second Reading on amendment to ordinance regarding Standard Plumbing Code

Mr. Baxter presented this amendment to the ordinance regarding stack vent heights. Councilman Wall made a motion to approve on Second Reading. Motion was seconded by Councilman Bryan and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for directional sign variance on height and square footage for Comfort Inn & Suites

A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request for a directional sign that is 10 feet high and 25 square feet per sign face and made a motion to deny, based on the fact that two (2) of the three (3) standards for variances had not been met. Motion was seconded by Councilman Bryan. Councilmen Cowart, DeFilippis, Seay and Wall opposed the motion. Councilman Cowart then made a motion to approve this variance request, based on the criteria for variances being met. Motion was seconded by Councilman DeFilippis and passed with Councilman Bryan and Councilwoman Tyler opposing.

2. Approval of agreement with City of Savannah for fire protection services for the Savannah Ports Authority

Mr. Baxter presented this agreement for fire protection services for the Savannah Ports Authority park located off Highway 80, stating that it is for a six (6) month period, due to the City of Savannah’s plans to construct a fire station on site in the near future. Councilman Wall made a motion, seconded by Councilman Bryan, to approve. Motion passed without opposition.

3. Award bid for paving of various streets

Councilman Cowart presented three (3) bids for paving (overlay) of several streets in the city and after discussion, made a motion to award the bid to the low bidder, Carroll & Carroll, Inc., in the amount of $149,977.75. Motion was seconded by Councilman Wall and passed without opposition.

4. Approval of request from Rape Crisis Center for funding

Mr. Baxter presented this request from the Rape Crisis Center for annual funding in the amount of $1000. Councilman Bryan made a motion, seconded by Councilman DeFilippis, to approve. Motion passed without opposition.

5. Approval of alcoholic beverage license for Ganshyam Patel

Mr. Baxter presented this application for an alcoholic beverage license for Ganshyam Patel, who is purchasing Grego’s Beverage Warehouse. He stated that Chief Chan has recommended approval. Councilman Wall made a motion to approve. Motion was seconded by Councilman DeFilippis and passed with Councilman Cowart opposing.

6. Approval of engineering proposal for wastewater treatment plant expansion, effluent pump station and force main and sewer transfer pump station modification and force main

Mr. Baxter presented a proposal for engineering services in connection with three (3) projects, the 2.5 mgd wastewater treatment plant expansion, the effluent pump station and force main and the sewer transfer pump station modification and force main. Mr. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineering stated that the funds for this will come from State Revolving Funds from the Georgia Environmental Facilities Authority loan the city has applied for and will be reimbursed by capital cost recovery fees from future development. Mr. Travis Barlow, resident, addressed Council with concern that the city has not bid out this project, that there is a question of ethics involving the city’s engineering firm and its employees and that he is worried about the way taxpayers’ money is being spent. Mr. Lovett stated that under State law, this type of work being done at the treatment plant cannot be bid out. Mr. Fred Williams, developer, stated that the city’s developmental fees are high and that he is concerned too about the amount of money that is being spent on engineering fees. After discussion, Councilman Wall made a motion to approve the proposal. Motion was seconded by Councilman Bryan and passed without opposition.

7. First Reading on amendment to ordinance regarding shipping containers in commercial and industrial areas

Mr. Ellis presented this amendment to the ordinance regarding shipping containers in commercial and industrial areas, stating that Mayor Carter and Mr. Tim Inglis, Planning Director, have met with representatives from Wal-Mart and have agreed to extend the permits to 90 days, and remove the 30 day waiting period between permits. Councilwoman Tyler stated that she has been informed that the City of Hinesville is charging their Wal-Mart by the square foot for their storage containers and questioned if that wouldn’t be a better source of revenue. After discussion, Councilman Wall made a motion, seconded by Councilman Bryan, to approve this amendment to the ordinance regarding shipping containers on First Reading. Councilman Cowart, Councilman DeFilippis and Councilwoman Tyler opposed the motion, thus creating a tie. Mayor Carter voted in favor of the motion. Motion passed.

Councilman Cowart made a motion to adjourn to Executive Session at approximately 7:41 p.m. to discuss legal matters (threatened litigation). Motion was seconded by Councilman Wall and passed without opposition. Mr. Travis Barlow questioned whether it was legal for the Council to go into Executive Session and several citizens present asked if they could find out the nature of the session. Mr. Ellis stated that they were welcome to ask questions, but that, due to the nature of the subject, he would only answer those that, in his opinion, could be answered.

Mayor Carter called the meeting back to order at 8:13 p.m.

Mr. Ellis stated that he has gone over with Council the terms of a proposed consent decree to settle a matter between the City of Pooler and the Department of Justice that has to do with the fact that Mr. Jerry Braden did not obtain support from Council at a meeting last year for an elderly, low-income subsidized housing project. Further, that the basis for the Justice Department’s complaint, as far as Mr. Ellis is able to determine, revolves largely around the wording of an ordinance that was adopted by the City in the 1980's which at first regulated the square footage of lots on which apartments would be constructed which was amended in the early 1990's to deal with the square footage of apartments (floor size, not lot size). Mr. Ellis stated that he believes that the whole reason for the city to consider entering into negotiations with the Justice Department and to settle the matter relates entirely to the wording of the ordinance and as stated to the Savannah Morning News, that he has negotiated on his own what he considers a settlement in principle with the Department of Justice in which the City of Pooler would support the construction of 68 subsidized senior citizens units in the City. Further, that this is all that was said to the newspaper and is all that he recommends that the Council say, simply because the rest of the terms of a settlement with the Department of Justice remains under negotiation. Several residents presented questions and concern over this matter, in particular any settlement costs being paid for with taxpayers’ money, and that, if the city has not done anything wrong, let the issue be decided in court. Mr. Ellis stated that the citizens would be presented with the settlement at a duly called City Council meeting and that they would be able to examine the settlement and present their questions/comments prior to the Council’s acceptance. Mr. Ellis informed the citizens that it is his recommendation to Council, which has not been agreed to at this point, to attempt to negotiate a settlement of this matter, and that the Council has yet to agree to any of the terms.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:43 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on October 15, 2001. Mayor pro tem Wayne Seay called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present.

The purpose of this hearing was to discuss a requested directional sign variance on height and square footage for Comfort Inn & Suites. Mr. Vinny Patel presented this request for a directional sign to be located on Hardee’s property that is 10 feet high and 25 square feet per sign face (the city’s ordinance does not allow directional signs to exceed 10 square feet per sign face and the can be no more than five (5) feet high). He stated that the motel has very poor visibility which has caused previous owners of the motel to file bankruptcy.

November 5, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
November 5, 2001


The regular meeting of the Pooler City Council was held on November 5, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were present.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire and police reports.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance and that street paving has begun.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis reported that football season is winding down and that basketball signups are underway.

BUILDING/ZONING

Councilwoman Tyler reported that 13 new single family residential permits were issued in October, totaling 199 for the year, with 438 inspections performed.

Under OLD BUSINESS the following was discussed:

1. Second Reading on amendment to ordinance regarding shipping containers in commercial and industrial areas

Mr. Baxter presented this amendment to the ordinance to allow shipping containers in commercial and industrial areas for a permitted time (two allowed per year) of 90 days each. Councilwoman Tyler stated that the fees and penalties were too high. Mr. Ellis stated that the fees are for inspections (regulatory fee) and that they are reasonable. Councilman Wall made a motion to approve this amendment to the ordinance regarding shipping containers on Second Reading. Motion was seconded by Councilman Bryan. Councilman Cowart, Councilman DeFilippis and Councilwoman Tyler opposed the motion, creating a tie. Mayor Carter voted in favor of the motion. Motion passed.

Under NEW BUSINESS the following was discussed:

1. Request for conditional use to build a residence in a commercial zone at E. Hwy 80

A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from Mr. Larry Young, property owner’s son, to build a residence in a commercial zone on E. Hwy 80. Mr. Young stated that there is an existing septic tank and water meter on site. After discussion, Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

2. Request for 100' sign height variance at the Jameson Inn

A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this requested 100' sign height variance, stating that the Best Western has an existing high-rise sign that fell and would like to replace it with another high-rise pole to house two (2) signs. Further, Jameson Inn would remove their principal use sign on Bourne Avenue and co-locate on the new high-rise sign with Best Western. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve this sign height variance. Motion was seconded by Councilman DeFilippis and passed with Councilman Seay opposing. City Planner Tim Inglis asked Mr. Ellis to interpret whether the sign permit should be issued for one (1) or two (2) signs. Mr. Ellis replied that it should be for two signs.

3. Approval of final plat for Godley Villages, Phase 2C

Mr. Baxter presented the final plat for Godley Villages, Phase 2C, stating that all engineer’s comments have been addressed. Councilman Wall made a motion to approve. Motion was seconded by Councilman DeFilippis and passed without opposition.

4. Approval of final plat for Godley Villages, Phase 2D

Mr. Baxter presented the final plat for Godley Villages, Phase 2D, stating that all engineer’s comments have been addressed. Councilman Wall made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

5. Approval to release performance bonds/accept maintenance bonds for Godley Villages, Phase IIA & IIB

Mr. Baxter presented this item, stating that the bonds and maintenance flow agreement have been approved by Mr. Ellis. Councilman Wall made a motion to approve the release of the performance bonds/accept the maintenance bonds and maintenance flow agreement. Motion was seconded by Councilman DeFilippis and passed without opposition.

6. Approval of recombination of Lot 40, Westbrook Subdivision, Phase One

Councilwoman Tyler presented this recombination of Lot 40, Westbrook Subdivision, Phase One, stating that the lot is being recombined with a portion of greenspace that has been deeded to the property owner. After discussion, Councilman DeFilippis made a motion to approve the recombination of Lot 40, Westbrook Subdivision, Phase One. Motion was seconded by Councilman Cowart and passed without opposition.

7. Approval of Standards Specifications for subdivision construction

Mr. Baxter presented the Standards Specifications for the City of Pooler regarding subdivision construction, stating that the city’s engineer has compiled the specifications with the assistance of the public works department superintendents. Councilman Cowart made a motion, seconded by Councilman Bryan, to approve these Specifications. Motion passed without opposition.

8. Approval of budget adjustment for hotel/motel funds to the Pooler Area Chamber of Commerce

Mr. Baxter presented a budget adjustment from the Pooler Area Chamber of Commerce for additional 2001 hotel/motel tax funds. Councilman Wall made a motion to approve this budget adjustment. Motion died due to lack of a second. After discussion, Councilman Bryan made a motion to send this proposal to the finance committee for their recommendation to be presented during the budget hearings. Motion was seconded by Councilman Seay and passed with Councilman Wall opposing.

9. Ms. Anne Smith regarding Pooler Crossroads Chamber of Commerce

Ms. Anne Smith, President of the PCCC, Inc., presented Council with a proposed 2002 budget for the Chamber. Councilman Bryan made a motion to send this proposal to the finance committee for their recommendation to be presented during the budget hearings. Motion was seconded by Councilman Cowart and passed without opposition.

10. Acceptance of Gift Deed from International Paper Realty Corporation

Councilman Wall stepped down from his Council seat due to a conflict of interest. Mr. Baxter presented a Gift Deed from International Paper Realty Corporation for a portion of land (107.415 acres) on the Pooler Parkway. The Deed has specific conditions, that a roadway to and from the property and a balllpark facility be constructed within five (5) years from the date of conveyance of the land. Mr. Baxter stated that if this is not done, International Paper will take the property back. Mr. Ellis presented his comments regarding the access easement and whether or not the city’s insurance company will agree to the indemnity clause (the city being required to indemnify International Paper for anything that happens on the property). After discussion, Councilman Cowart made a motion, seconded by Councilman DeFilippis, to accept this Gift Deed, contingent upon the city’s insurance company agreeing to the indemnity clause. Motion passed without opposition. Councilman Wall returned to his seat.

11. First Reading on amendment to ordinance regarding insurers’ license fees

Mr. Ellis presented this amendment to the ordinance regarding insurers’ license fees. He stated that the city has been notified by the Georgia Municipal Association that, due to the increase in population, the city is able to increase its rate for insurers’ license fees from $40 to $50. After discussion, Councilman Bryan made a motion to approve this amendment on First Reading. Motion was seconded by Councilman Wall and passed without opposition.

12. First Reading on proposed zoning text amendment regarding multi-family zoning

A public hearing was held prior. Mr. Ellis presented this proposed zoning text amendment which would eliminate the minimum floor area requirements, increase the number of residential units per acre and the height of buildings in multi-family zoning districts (R-3A, R-3B and R-3C). Councilman Cowart made a motion to approve this zoning text amendment on First Reading. Motion was seconded by Councilman DeFilippis and passed without opposition.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:00 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Public Hearing

A public hearing was held prior to the regular Pooler City Council meeting on November 5, 2001. Mayor pro tem Wayne Seay called the hearing to order at 5:45 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Sonny DeFilippis, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were present.

The purpose of this public hearing was to discuss:

1) A requested conditional use to build a residence in a commercial zone - Mr. Larry Young, property owner’s son, presented this request to build a residence in a commercial zone for his mother to reside in. The property already has a septic tank on it and a water meter, due to there once being a mobile home there.

2) A requested 100' sign height variance at the Jameson Inn - Jason Wisenbaker of ANS Signs, Inc. presented this request for a 100' sign height variance, stating that the Best Western has an existing high-rise sign that fell and would like to replace it with another high-rise pole to house two (2) signs. Further, Jameson Inn would remove their principal use sign on Bourne Avenue and co-locate on the new high-rise sign with Best Western.

3) A proposed zoning text amendment regarding multi-family zoning - Councilwoman Tyler presented this proposed zoning text amendment which would eliminate minimum floor area requirements, increase the number of residential units per acre and the height of buildings in multi-family zoning districts (R-3A, R-3B and R-3C). Councilwoman Tyler stated that there are only four (4) properties in the City that this will affect.

There being no further business to discuss, the hearing was adjourned at approximately 5:54 p.m.

November 19,, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
November 19, 2001

The regular meeting of the Pooler City Council was held on November 19, 2001.

Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were present. Councilman Sonny DeFilippis was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Cowart.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire and police reports. Councilman Wall presented a budget adjustment for the fire department, increasing account #6691 (Fire Department equipment) by $19,500 and decreasing account #4901 (Administration - contingency) by $19,500 to purchase bunker gear and pagers for new firefighters, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance and that paving of various streets is continuing.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis was absent. Councilman Seay reported that basketball signups are ongoing.

BUILDING/ZONING

Councilwoman Tyler reported that 9 new single family residential permits have been issued this month, totaling 208 for the year. Councilwoman Tyler informed Council of a PUD Review Board meeting scheduled for November 26th at 5:00 p.m. to discuss the Godley Station Northern Tract Development and she stated that the RDC will be here at this time to discuss the update of the future land use map.

Ms. Sue Hargroves of Wal-Mart presented a plaque to Mr. Baxter in appreciation of the donations he obtained ($4000) for the Children’s Miracle Network during the "Personalities on the Roof" in April.

Under OLD BUSINESS the following was discussed:

1. Second Reading on amendment to ordinance regarding insurers’ license fees

Mr. Baxter presented this amendment to the ordinance regarding insurers’ license fees being increased from $40.00 to $50.00 per year. Councilman Wall made a motion, seconded by Councilman Bryan, to approve on Second Reading. Motion passed without opposition.

2. Second Reading on proposed zoning text amendment regarding multi-family zoning

Mr. Baxter presented this proposed zoning text amendment which would eliminate the minimum floor area requirements, increase the number of residential units per acre and the height of buildings in multi-family zoning districts. Councilman Cowart made a motion to approve on Second Reading. Motion was seconded by Councilman Bryan and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of site plan for C & S Bank

Councilwoman Tyler presented the site plan for C & S Bank on the northeast corner of Benton Boulevard and Pooler Parkway and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

2. Approval of minor subdivision of out-parcel 6 in Mill Creek Center

Councilwoman Tyler presented a minor subdivision of out-parcel 6 in Mill Creek Center. At the request of the owner, Councilwoman Tyler made a motion to table this item. Motion was seconded by Councilman Wall and passed without opposition.

3. Approval of final plat for Tracts 2A, 2B, 3A, 3B, 5 & 7 of Savannah Quarters

Mr. Baxter presented the final plat for Tracts 2A, 2B, 3A, 3B, 5 and 7 of Savannah Quarters, stating that they are exempt from the subdivision ordinance due to each being over 5 acres. Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve the final plat for these tracts. Motion passed without opposition.

4. Approval of preliminary construction plans for Westbrook Subdivision, Phase 2

Councilwoman Tyler presented the preliminary construction plans for Westbrook Subdivision, Phase 2, and made a motion, based on Planning & Zoning and staff recommendation, to approve the plans. Motion was seconded by Councilman Cowart and passed without opposition.

5. Award bid for sanitation service

Councilman Cowart presented two (2) bids that were submitted for sanitation services to begin on January 1, 2002, stating that several companies were sent notices as well as an advertisement being placed in the newspaper for this bid. After discussion, Councilman Cowart made a motion to award the bid for sanitation services to the low bidder, Waste Management. Motion was seconded by Councilman Wall and passed without opposition.

6. Resolution regarding school board elections being changed to non-partisan elections

Mr. Baxter presented a resolution regarding school board elections being changed to non-partisan elections. Councilman Wall made a motion, seconded by Councilwoman Tyler, to adopt this resolution. Motion passed without opposition.

Councilman Bryan made a motion to adjourn to Executive Session at approximately 6:51 p.m. to discuss legal matters. Motion was seconded by Councilman Cowart and passed without opposition.

Mayor Carter called the meeting back to order at 7:09 p.m. Mayor Carter stated that the Justice Department has filed suit against the City of Pooler, which has been received, and that the City will have its day in court, but before any settlement is agreed upon, a public hearing will be held at a regular scheduled Council meeting to keep the public informed.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:29 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

December 3, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
December 3, 2001


The regular meeting of the Pooler City Council was held on December 3, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney were also present. Councilman Sonny DeFilippis was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Seay.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Cowart, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire and police reports.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis was absent. Councilman Seay reported that basketball signups are over.

BUILDING/ZONING

Councilwoman Tyler reported that 12 new single family residential permits were issued in November, totaling 212 for the year, with 383 inspections performed.

Under OLD BUSINESS the following was discussed:

1. Approval of budget adjustment for hotel/motel funds to the Pooler Area Chamber of Commerce

Mr. Baxter presented a budget adjustment for additional hotel/motel funds (projected amount of $30,000) to be expended through the Pooler Area Chamber of Commerce. This amount will be added to their current 2001 contract. After discussion, Councilman Bryan made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

2. Approval of minor subdivision of out-parcel 6 in Mill Creek Center

Councilwoman Tyler presented this minor subdivision of out-parcel 6 in Mill Creek Center, stating that all engineer comments have been addressed, and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of Final PUD Master Plan for northern tract of Godley Station

Councilwoman Tyler presented the Final PUD Master Plan for the northern tract of Godley Station and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition. It was the general consensus of the Council to request the developer to consider the possibility of expanding the amenities to this development if so needed after completion of this phase.

2. Approval of site plan for Ruby Tuesday’s Restaurant

Councilwoman Tyler presented the site plan for Ruby Tuesday’s Restaurant, stating that all comments have been addressed and made a motion, based on

Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition.

3. Approval of alcoholic beverage license for Gitaben C. Patel

Mr. Baxter presented this application for an alcoholic beverage license for Gitaben C. Patel, who is purchasing Grego’s Beverage Warehouse and stated that Chief Chan has recommended approval. Councilman Wall made a motion, seconded by Councilwoman Tyler, to approve. Motion passed without opposition.

4. First Reading on amendment to ordinance regarding decorative fences

Councilwoman Tyler presented this amendment to the decorative fence ordinance, stating that changes were made by Planning & Zoning and made a motion to approve this amendment on First Reading. Motion was seconded by Councilman Wall and passed with Councilman Seay opposing.

5. First Reading on proposed 2002 budget

Councilman Bryan presented the proposed 2002 budget and after discussion, made a motion to approve on First Reading. Motion was seconded by Councilman Seay and passed without opposition. Councilman Bryan stated that a budget hearing will be held immediately following the meeting for further discussion and invited the citizens present to attend.

Mr. Wilbur Bell, member of the Mighty Eighth Air Force Historical Society, addressed Council with regards to their upcoming 60th anniversary celebration. Mr. Bell presented Council with two (2) requests; to use the gym for the dance on January 27th (if they cannot use the National Guard’s hangar) and for the city to help advertise this event. Mayor Carter instructed Mr. Baxter to handle these requests.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:05 p.m. Motion was seconded by Councilman Seay and passed without opposition.

December 17, 2001

CITY OF POOLER
CITY COUNCIL MINUTES
December 17, 2001


The regular meeting of the Pooler City Council was held on December 17, 2001. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter was present. City Attorney Wiley Ellis was absent. Attorney Tracy O’Connell was present on his behalf. Councilman Sonny DeFilippis was absent.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Cowart.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Bryan presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service and gave the fire and police reports.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage department has performed routine maintenance.

WATER/SEWER

Councilman Seay reported that the water and sewer department has performed routine maintenance.

RECREATION

Councilman DeFilippis was absent. Councilman Seay reported that basketball practice is ongoing.

BUILDING/ZONING

Councilwoman Tyler stated that 11 new single family residential permits were issued this month, totaling 223 for the year.

Mayor Carter welcomed former Councilmen Terry Tuten, Jimmy Anderson, Marvin Strickland, Randy Hadden, Brodie Gammon, Al DeFilippis and Jack Brewton as well as former Municipal Court Judge Tom Edenfield to the meeting. Mayor Carter then presented a plaque to former Mayor Jack W. Shearouse, commemorating his love and devotion for the City of Pooler, announcing that the Pooler Parkway overpass at Highway 80 was going to be dedicated as "Jack Shearouse Bridge". Mr. Shearouse introduced his family and expressed his appreciation to the city.

Under OLD BUSINESS the following was discussed:

1. Second Reading on amendment to ordinance regarding decorative fences

Mr. Baxter presented this amendment to the ordinance regarding decorative fences. Councilwoman Tyler made a motion to approve on Second Reading. Motion was seconded by Councilman Cowart and passed with Councilman Seay opposing.

2. Second Reading on proposed 2002 budget

A public hearing was held prior. Councilman Bryan presented the proposed 2002 budget (copy attached), making a motion to approve on Second Reading, with a 5% increase in the water and sewer rates, excluding those qualified for the senior citizen/totally disabled homestead exemption from this increase and a 3% pay increase for city employees. Motion was seconded by Councilman Seay and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for sign height variance at Red Roof Inn

A public hearing was held prior. Councilwoman Tyler presented this request for a 103' sign height variance to replace an existing sign at the Red Roof Inn. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition.

2. Approval of Final PUD for Godley Station Western Tract

Councilwoman Tyler presented the Final PUD for Godley Station Western Tract, stating that the project meets the PUD Development Standards adopted by Branigar as well as the city’s requirements. Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of Final PUD Master Plan for Savannah Quarters Southwest Quadrant Phase IV

Councilwoman Tyler presented the Final PUD Master Plan for Savannah Quarters Southwest Quadrant stating that the same standards apply for all of the multi-family tracts in the Savannah Quarters with the exceptions that the maximum building height in Phase IV is three (3) stories (50' maximum) and all of the roads and parking will be privately owned and maintained. After discussion, Councilman Wall made a motion to approve this Final PUD Master Plan. Motion was seconded by Councilman Cowart and passed without opposition.

4. Approval of minor subdivision of a 363.34 acre portion of lands of International Paper Realty Corp. (Tracts A & B)

Councilman Wall stepped down from his Council seat. Councilwoman Tyler presented a minor subdivision of a 363.34 acre portion of lands of International Paper Realty Corporation (Tracts A & B) and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

Councilman Wall returned to his seat.

5. Request from Asset Management Associates to pipe ditch on Pooler Parkway adjacent to The Preserve Apartments

Councilwoman Tyler presented this request to pipe the ditch on Pooler Parkway adjacent to The Preserve Apartments, stating that all comments have been addressed and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

6. Approval of amendment to Gift Deed from International Paper Realty Corporation

Councilman Wall stepped down from his Council seat. Mr. Baxter presented an amendment to the Gift Deed from International Paper Realty Corporation, stating that changes were made to the legal description and the indemnity clause. After discussion, Councilman Bryan made a motion, seconded by Councilman Seay, to approve this amendment, contingent upon the recombination of the land (Item #8) being completed. Motion passed without opposition. Councilman Wall returned to his seat.

7. Acceptance of right-of-way dedication and easement for Medical Campus Road

Mr. Baxter presented the plan for Medical Campus Road, stating that the right-of-way and easements needed to be dedicated to the city. After discussion, Councilman Cowart made a motion to accept the right-of-way and easement for Medical Campus Road, contingent upon the developer clarifying on the plat which right-of-ways are being dedicated to the city. Motion was seconded by Councilman Bryan and passed without opposition.

8. Approval of minor subdivision of Parcel 7 in Godley Tract

Mr. Baxter presented a minor subdivision of Parcel 7 in Godley Tract, stating that a five (5) acre portion is being cut out to allow for future widening of the Pipemaker’s Canal. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Seay, to approve. Motion passed without opposition.

Councilman Cowart made a motion to add Item #9 under New Business. Motion was seconded by Councilman Bryan and passed without opposition.

9. Discussion concerning employees leaving early on Christmas Eve

Councilman Seay stated that the employees have done a good job this year, therefore, Councilman Cowart made a motion to allow city employees to leave work at 12:00 noon on Christmas Eve this year. Motion was seconded by Councilman Seay and passed without opposition.

Council-elect Jack Brewton questioned who the engineers were on items 2 through 8, and after being answered, stated that most of the projects had the same engineer as the city (HGB&D).

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:23 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Public Hearing

Two (2) public hearings were held on December 17, 2001, prior to the regular City Council meetings. Mayor Pro tem Wayne Seay called the first hearing to order at 5:30 p.m. Present were Councilmen Robert Bryan, Travis Cowart, Jr., Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter was present.

The purpose of the 5:30 public hearing was to discuss the proposed 2002 budget. Councilman Bryan presented the budget, stating that it included a 5% increase for water and sewer rates, but that the senior citizens/totally disabled who qualified for the city’s homestead exemption would be excluded from this increase.

There being no further discussion, this public hearing was adjourned at approximately 5:38 p.m.

Mayor Buddy Carter called the second public hearing to order at 5:45 p.m. The purpose of this hearing was to discuss a requested sign height variance at Red Roof Inn. Councilwoman Tyler presented this request on behalf of American Tower for a 103' sign height variance. Ms. Liz Hill, representing Triton PCS, Inc., stated that they will be replacing an existing sign with one that is capable of supporting telecommunication antennas for Triton PCS, Inc.

There being no further discussion, this public hearing was adjourned at approximately 5:53 p.m.