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2002 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 21, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
January 21, 2002

The regular meeting of the Pooler City Council was held on January 21, 2002. 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 Jack Brewton 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 Cowart and passed without opposition.

PUBLIC SAFETY

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

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Seay reported that the water and sewer departments have performed routine maintenance.

RECREATION

Councilman Seay reported that the basketball and tumbling and dance classes are underway.

BUILDING/ZONING

Councilwoman Tyler reported that 230 new single family residential permits and 240 commercial permits were issued in 2001, with 4664 inspections performed.

Mayor Carter stated that several promotions are taking place (effective February 1st) within the Police Department and asked Chief C.E. Chan to introduce the individuals as follows: Captain Mark Revenew, promoted to the rank of Major/Deputy Chief, Criminal Investigations Commander; Captain David Burke, promoted to the rank of Major/Patrol Commander; Corporal Randy Lindler, promoted to the rank of Sergeant; Corporal JoAnn Shearouse, promoted to the rank of Sergeant; APO John Schmitt, promoted to the rank of Corporal and Patrolman Jim Ward, promoted to the rank of Corporal. Chief Chan stated that these promotions were well-deserved and that he looks forward to working with them in their new positions.

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed:

1. Approval of recombination of Lots 18-A & 18-B of the Collins Subdivision

Councilwoman Tyler presented this recombination of Lots 18-A & 18-B of the Collins Subdivision for Mr. Bruce Allen who has plans to build an addition onto the rear of their residence and needs an additional 20 feet to meet the building setback requirements. Councilwoman Tyler made a motion, seconded by Councilman Wall, to approve. Motion passed without opposition.

2. Request from KMI Commercial to defer the completion of sidewalks at Pooler Park of Commerce for one (1) year

Mr. Baxter presented this request from Mr. Scott Martens of KMI Commercial to defer the completion of sidewalks at the Pooler Park of Commerce. Mr. Martens addressed Council with regards to the financial hardship his company has endured since the attack on America on September 11, 2001, stating that only one (1) lot has been sold in this phase. Councilman Cowart questioned a prior request made by Mr. Martens to delay this project. Mr. Martens stated that the city had approved a similar request last year. Mr. Ellis stated that the property owner(s) in this Phase should be informed of the possibility that the sidewalk may not be completed and after discussion, Councilman Cowart made a motion to table this item. Motion was seconded by Councilman Bryan and passed with Councilwoman Tyler opposing.

3. Approval of the Contract for Acquisition of Right of Way for Department of Transportation project at Highway 80 & Bourne Avenue

Mr. Baxter presented this Contract and a Resolution regarding the DOT’s project (traffic light) at Highway 80 and Bourne Avenue, stating that it may be necessary for the city to purchase a portion of Bourne Avenue for right-of-way. Councilman Wall made a motion, seconded by Councilman Bryan, to approve. Motion passed without opposition.

4. Approval of Audit Engagement Letter for Karp, Ronning & Tindol to perform 2002 audit

Mr. Baxter presented this Audit Engagement Letter for Karp, Ronning & Tindol to perform the city’s 2001 audit, stating that the fee of $18,850 reflects a 5% increase. Further, that this is the first increase since 1998. Councilman Bryan made a motion to approve the Audit Engagement Letter. Motion was seconded by Councilman Seay and passed without opposition.

5. Approval of funding city manager’s trip to Savannah-Chatham Day

Councilman Wall stated that the city manager’s attendance at Savannah-Chatham Day is necessary, therefore, he made a motion to approve the funding. Motion was seconded by Councilman Bryan and passed without opposition.

6. Approval of resolution regarding Future Land Use Map

A public hearing was held prior for citizen input wherein the question was raised as to whether or not the city needed to hold two (2) public hearings prior to approving this resolution. Councilman Wall made a motion, seconded by Councilman Bryan, to table this item. Motion passed without opposition.

7. First Reading on zoning text amendment to add amusement parks

A public hearing was held prior wherein the petitioner was not present. Councilman Bryan made a motion to table this item. Motion was seconded by Councilman Seay and passed without opposition.

Councilman Wall made a motion to adjourn to Executive Session at approximately 6:37 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 7:29 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:30 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 on January 21, 2002. 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 zoning text amendment to add amusement parks -

Mayor Carter presented this proposed zoning text amendment to add amusement parks, including go-kart rides, miniature golf, batting cages, arcade games, food courts and other similar forms of amusement as conditional uses in heavy commercial zoning districts and as permitted uses in light industrial districts. The petitioner was not present.

2) The amendment to the Future Land Use Map -

Mayor Carter presented the amendment to the Future Land Use Map stating that the city has been working with the Coastal Georgia Regional Development Center on this update. He stated that several workshops have been held with Planning & Zoning to discuss proposed changes. Rebecca Benton, property owner, addressed Council with her concern that her property west of I-95 can only be used for commercial and industrial purposes, due to the proximity of the airport. Further, that the proposed land use (R-1A Single Family Residential) is not acceptable to her and that she objects to the way the zoning was changed when this property was annexed into the city. Ms. Benton stated that she has been unsuccessful in selling this property, that it has no beneficial use as R-1A and that this is a taking of property owner’s rights. Ms. Benton presented a letter to be made verbatim a part of the record and stated that her intentions are to request a re-zoning of this property in the very near future. Mr. Ellis questioned whether or not the city needed to hold two (2) public hearings prior to approving the amendment to the Future Land Use Map.

There being no further business to discuss, the hearing was adjourned at approximately 5:59 p.m.

February 4, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
February 4, 2002

The regular meeting of the Pooler City Council was held on February 4, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilman Jack Brewton, 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.

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 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. Councilman Bryan presented a budget adjustment for the senior citizens, increasing account #37.1006 (Revenue -Donations) and increasing account #52.3931 (Leisure Services) by $1938.00, stating that Wal-Mart has made this donation. Councilman Bryan made a motion, seconded by Councilman Wall, to approve this budget adjustment. Motion passed without opposition.

PUBLIC SAFETY

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

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and that he and Mr. Baxter have met in regards to the realignment of Pine Barren Road.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that he has met with Mr. Baxter and Jeff Thornburg, Water & Sewer Superintendent in regards to the water lines in the city.

RECREATION

Councilman Seay reported that basketball is ongoing and baseball and softball signups are continuing. In regards to a personnel matter, Councilman Seay made a motion to appoint Councilman Cowart as Mayor pro tem. Motion was seconded by Councilman Wall and passed without opposition.

BUILDING/ZONING

Councilwoman Tyler reported that 17 new single family permits have been issued in January and that the permit has been issued for The Preserve Apartments, Phase II, with 160 units. Councilwoman Tyler stated that several members of the Planning & Zoning Board along with Jackie Carver and Tim Inglis would be attending a Zoning Administrator’s workshop this week in Athens.

Under OLD BUSINESS the following was discussed:

1. Approval of resolution regarding Future Land Use Map

Mrs. Jackie Carver, Zoning Administrator, presented the map and proposed changes, stating that several workshops were held with the Coastal Georgia Regional Development Center and that a public hearing was held for public input. Ms. Rebecca Benton, property owner, addressed Council and asked that her letter presented on January 21, 2002, be made a part of the record for this meeting. Ms. Benton stated that she attended the workshops and does not agree with her property being designated on the map as single-family residential (R-1A), due to the fact that it cannot be developed as such. Further, since there is no productive economic use as R-1A, this amounts to a constitutional taking under the Georgia and U.S. Constitution. Ms. Benton stated that she will agree to an "undeveloped" status as defined on the map, and that she does plan to re-zone her land within the next year and ask for a zoning similar to the property across the Pipemaker’s Canal to the north, to include heavy commercial and possibly light industrial. Councilman Cowart stated that if Ms. Benton has concerns about her property, information needs to be shown that it is not suitable under law for the purpose it has been determined to be used for, and the map could be changed at a later date. Mr. Ellis stated that Ms. Benton could re-zone her property. Ms. Benton questioned what type of information needed to be presented, whether from a real estate expert or someone else and stated that some members of the Council had their "heads in the sand" in regards to this matter. After further discussion, Councilwoman Tyler made a motion to approve the resolution to amend the Future Land Use Map. Motion was seconded by Councilman Bryan and passed without opposition.

2. First Reading on zoning text amendment to add amusement parks

Councilwoman Tyler presented this zoning text amendment to add amusement parks to be permitted as a "conditional use" in C-2 (Heavy Commercial) zoning districts, stating that Edward & Jimmie Bowen have proposed to use the property located on Highway 80 near I-95 (the old flea market) as such. Mr. & Mrs. Bowen presented their planned amusement park, also to be referred to as a "family entertainment center", to the Council. There were questions raised as to noise, parking and traffic concerns this type of business would generate. Mr. Bowen stated that the go-karts were quieter than lawn mowers and that their plan directed all traffic towards the light at Coleman Boulevard, where the entrance to the park is at. Mr. Ellis recommended changes to this ordinance requiring maximum decibel levels to be enforced and using the term "family entertainment center" in lieu of amusement park. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Wall, to approve this zoning text amendment on First Reading. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of recombination of Lots 5, 6, 7 and 8 into 2 lots on Morgan Street

Councilwoman Tyler presented a recombination of Lots 5, 6, 7 and 8 into two (2) lots on Morgan Street and made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

2. Approval for Wal-Mart employees to use gym on April 13th & 14th for basketball tournament and to use fields September 14th & 15th for baseball tournament to raise money for Children’s Miracle Network

Mr. Baxter stated that Wal-Mart has requested to use these recreational facilities and as long as the recreation director had no conflicts, he recommended his approval. Councilman Bryan made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 6:50 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

February 18, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
February 18, 2002

The regular meeting of the Pooler City Council was held on February 18, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley were present.

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 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. Chief Chan stated that he and Fire Chief Jimmy Fields attended a mock disaster training session recently. Councilman Wall stated that the city is experiencing a traffic problem at the intersection of W. Highway 80 and the Pooler Parkway and that the patrol officers are directing traffic in the late afternoon/early evening hours to ease this problem, asking that overtime be allowed for these officers. After discussion, Mr. Baxter requested that Chief Chan monitor this situation and report back to Council in two (2) weeks as to whether or not the overtime will be needed.

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance.

RECREATION

Councilman Seay reported that basketball is winding down, with three (3) teams participating in G.R.P.A. tournaments this month.

BUILDING/ZONING

Councilwoman Tyler stated that 10 new single family residential permits have been issued this month, totaling 188 for the year; that a PUD Review Board meeting has been scheduled for February 25th at 5:30 to discuss an amendment to the Jabot PUD. Ms. Jackie Carver, Zoning Administrator, gave a brief overview of the events of the recent zoning workshop held in Athens.

Under OLD BUSINESS the following was discussed:

1. Second Reading on zoning text amendment to add amusements parks as a conditional use in heavy commercial zoning districts

Mr. Ellis presented this amendment to the zoning text to allow "family entertainment centers" as a conditional use in C-2 (heavy commercial) zoning districts, with a provision that no such activity shall exceed certain decibel levels (55 dB [A] Sound Pressure Level from 10:00 p.m. until 7:00 a.m. and 60 dB [A] Sound Pressure Level from 7:00 a.m. until 10:00 p.m.). After discussion, Councilman Cowart made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for expansion of existing conditional use at 224 E. Hwy 80

Councilwoman Tyler presented this request from Mr. Ted Coy to expand Castrol Car Center an additional 900 square feet, and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

2. Request to release performance bond/accept maintenance bond on piping ditch along Quacco Road

Mr. Baxter presented this request to release the performance bond and accept the maintenance bond on Fred Williams’ project of piping the ditch along Quacco Road, stating that all comments have been addressed. After discussion, Councilman Bryan made a motion, seconded by Councilman Cowart, to release the performance bond and accept the maintenance bond. Motion passed without opposition.

3. Approval of preliminary construction plan for Westbrook Subdivision, Phase 3A

Councilwoman Tyler presented the preliminary construction plan for Westbrook Subdivision, Phase 3A, stating that all comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

4. Approval of final plat for The Villages, Phase 5A

Councilwoman Tyler presented the final play for The Villages, Phase 5A (also known as Barrington Estates), stating that all comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

5. Approval of preliminary construction plans for Godley Villages, Northern Tract, Phase I

Councilwoman Tyler presented the preliminary construction plans for Godley Villages, Norther Tract, Phase I, stating that all comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

6. Discussion concerning naming of road going to the YMCA and new recreation facility

Mr. Baxter stated that it was necessary for 911 purposes to name the road going to the YMCA and the city’s land that is proposed for a new recreation facility. Several names were presented and Mayor Carter instructed the Council to consider which one would be best suited and requested that action be taken on this at the next meeting.

7. Approval of budget adjustment for 2001

Mr. Baxter presented a budget adjustment for the General Fund, as submitted by the city’s auditor, to cover expenditure overruns for 2001. Councilman Bryan made motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

Councilman Wall made a motion to adjourn to Executive Session at approximately 6:56 p.m. to discuss personnel and legal matters. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Carter called the meeting back to order at 7:39 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:40 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 February 18, 2002. Mayor Pro tem Travis Cowart, Jr. called the hearing to order at 5:45 p.m. Present were Councilman Jack Brewton, 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 expansion of an existing conditional use at 224 E. Hwy 80. Mr. Ted Coy, petitioner, has plans to build a 900 sq ft addition to the existing Castrol Car Center. Mr. Coy stated that the proposed addition meets the city’s setback requirements.

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

March 4, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
March 4, 2002

The regular meeting of the Pooler City Council was held on March 4, 2002. Mayor Buddy Carter called the meeting to order at 7:15 p.m. (delayed due to the public hearing held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present. Councilman Stevie Wall 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 Bryan, seconded by Councilman Seay, 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. Councilman Bryan reported on the community service program and gave the police report.

STREETS/DRAINAGE
Councilman Cowart reported that the street and drainage departments have performed routine maintenance, commending the departments for making routine inspections during the recent heavy rains. Further, that he and Mr. Baxter are working on the pending legislation regarding railroad crossings, Local Development Fund Grants and other sources of funding for roads. Mayor Carter reported that the Department of Transportation has agreed to expedite the installation of the traffic light at the intersection of Highway 80 and Pooler Parkway.
Councilman Cowart made a motion to add Item #1 under Old Business. Motion was seconded by Councilman Seay and passed without opposition.

WATER/SEWER
Councilman Brewton reported that the water and sewer departments have performed routine maintenance.
RECREATION

Councilman Seay reported that basketball is over and baseball/signups have ended. Further, that there will be a basketball game between the police and fire departments on March 23rd for a fund-raiser, sponsored by the Pooler Power Civic Club with proceeds going to the fire department to purchase respirators.

BUILDING/ZONING
Councilwoman Tyler stated that 16 new single family residential permits have been issued in February, totaling 204 for the year, with 270 inspections performed.

Ms. Regina Reed addressed Council in regards to the American Cancer Society=s ARelay for Life@ to be held on May 3rd & 4th at Groves High School, asking for volunteers.

Mayor Carter welcomed Mayor Ben Rozier and Councilman Mike Wedincamp, City of Bloomingdale, as well as David Wegmann, 7th District School Board Representative to the meeting.

Under OLD BUSINESS the following was discussed:

1. Naming of road going to the YMCA
Councilman Cowart stated that he has received citizen input regarding the naming of the road going to the YMCA and made a motion approval AIke LaRoche Drive@ as the name. Motion was seconded by Councilman Bryan and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for zoning map amendment of Lot 1 on the northeast corner of Newton &Whatley Street
A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from Mr. Wendell Heintzman to rezone
Lot 1 from R-1A (single family residential) to R-2A (two-family residential) to construct a duplex. Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

2. Request for zoning map amendment of 21.83 acre Morgan Tract on Pine Barren Road
A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from J. M. Woods, Inc., agent for G. P. Morgan III, et al to rezone this 21.83 acre tract from an undefined zoning district to R-3B (multi-family residential). After discussion, Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Request for amendment to the Jabot PUD
A public hearing was held prior wherein several residents expressed their opposition to the area being zoned commercial/professional/distribution and raised questions in regards to prospective development, traffic concerns and access to this property from the proposed industrial development east of I-95. Jeff Halliburton of Thomas & Hutton Engineering addressed these questions, stating that currently there are no prospective industries, that the owner has always had access via Quacco Road, that there is no direct link with the land east of I-95 and this development, and that the purpose of this amendment (#2) was to define the land uses of the property designated as Aundefined@. Ms. Michelle Henderson, attorney for Ms. Cockrum, stated that the city has requested developers to reserve sewer capacity based on the potential use of their property, thus creating the necessity to define the land uses. The general consensus of the residents in attendance was to allow this property to be zoned R-1A (single family residential). Mayor Carter stated that Ms. Cockrum is willing to accept a zoning of single-family residential for the area adjacent to the Pine Barren Plantation/Hunter's Ridge/Cross Creek Subdivisions. Mr. Ellis read aloud the options put before the Council regarding this zoning action. After discussion, Councilman Cowart made a motion to deny this request. Motion was seconded by Councilman Bryan and passed without opposition. Discussion continued, wherein Jackie Carver, Zoning Administrator, reiterated Ms. Cockrum=s willingness to rezone this property to single-family residential. Councilman Brewton then made a motion to approve the amendment to the Jabot PUD, rezoning the aforementioned 378 acre portion to R-1A.
Motion was seconded by Councilman Seay and passed without opposition.

4. Request to place decorative fence at 304 Symons Street
Councilwoman Tyler presented this request from Joyce Edge to construct a decorative fence on her property to confine her small dogs and after discussion, made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

5. Approval of site plan for proposed office/retail center on E. Highway 80
Councilwoman Tyler presented the site plan for Mr. Ken Reddick=s proposed office/retail center on E. Highway 80, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

6. Approval of proposed recreation area for Garden Acres Mobile Home Park
Councilwoman Tyler made a motion to table this item to allow Mr. Tuten to be present. Motion died due to lack of a second. Councilman Bryan made a motion to approve the proposed recreation for Garden Acres Mobile Home Park, contingent upon fencing being placed around it. Motion was seconded by Councilman Cowart and passed with Councilwoman Tyler opposing.

7. Approval of engineering proposal for widening Rogers Street
Councilman Cowart presented this engineering proposal from Hussey, Gay, Bell & DeYoung Engineering for the project of widening Rogers Street between the Highway 80 pair. After discussion, Councilman Cowart made a motion, seconded by Councilman Seay, to approve this engineering proposal to not exceed $8855.00. Motion passed without opposition.

8. Approval of resolution regarding increase of aid-to-construction fee for new sewer customers
Mr. Baxter presented this resolution regarding an increase from $4.00 to $4.40 per gallon of estimated water usage for new sewer customers, stating that this increase is necessary to help secure funding for the expansion of the existing wastewater treatment facility. After discussion, Councilman Bryan made a motion to approve this resolution. Motion was seconded by Councilman Cowart and passed without opposition.

9. First Reading on amendment to decorative fence ordinance
Mr. Ellis presented this amendment to the decorative fence ordinance to clarify that the opaqueness should be a maximum of 70 percent, not a minimum of 30 percent. After discussion, Councilman Cowart made a motion to approve this amendment on First Reading. Motion was seconded by Councilman Bryan and passed without opposition.

10. First Reading on ordinance to grant an electric franchise to confirm and supplement the existing rights held by Savannah Electric and Power Company
Mr. Baxter presented this franchise ordinance with Savannah Electric and Power Company to confirm and supplement their existing rights. Mr. Lee Holliday and Mr. Matt Gignilliat of Savannah Electric, addressed Council requesting to initiate and extend the 20 year agreement already in existence. Mr. Ellis presented Council with his recommended changes to this ordinance and after discussion, Councilwoman Tyler made a motion to table this item to allow Mr. Ellis and Mr. Holliday to review these changes. Motion was seconded by Councilman Cowart and passed without opposition.

There being no further business to discuss, Councilman Brewton made a motion to adjourn at approximately 9:55 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 March 4, 2002. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilman Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present.

The purpose of this hearing was to discuss:

1) A requested zoning map amendment of Lot 1 on the northeast corner of Newton & Whatley Street - Mr. Wendell Heintzman, property owner, presented this request to rezone Lot 1 from R-1A (single family residential) to R-2A (two-family residential) to allow him to construct a duplex.

2) A requested zoning map amendment of 21.83 acre Morgan Tract on Pine Barren Road - Mr. Jim Woods, as agent for G.P. Morgan III, et al, presented this request to rezone 21.83 acres on Pine Barren Road from an undefined zoning district to R-3B (multi-family residential), stating that this proposed housing would be compatible with the surrounding neighborhoods. He stated that the generated traffic would use Pine Barren Road to access the Pooler Parkway.

3) A requested amendment to the Jabot PUD - Jeff Halliburton of Thomas & Hutton Engineering Company presented the Jabot PUD Amendment #2 on behalf of Loretta Cockrum and the Foram Group, Inc. The proposed designation of the land use for this area is a commercial/professional/distribution zoning district. A PUD Review Board meeting was held on February 25, 2002, wherein several issues of concern were expressed regarding the industrial uses adjacent to residential areas, potential truck traffic on Quacco Road and existing traffic at the Rogers Street/Pine Barren Road intersection. Mr. Halliburton went over the list of permitted uses and conditional uses, stating that all manufacturing, processing, fabrication, repair and servicing of any commodity, sale, retail or wholesale which does not produce noise, odors, fumes, fire hazard or other nuisances; warehousing, storage and distribution; public utilities, radio/television transmission towers; and research or experimental stations or laboratories shall be Aconditional uses@ for the land north of the Spine Road.
Mr. Fred Williams, developer of lands contiguous to this development, addressed Council stating that the only use for this property should be single-family residential. Mr. Williams, along with numerous residents in the Pine Barren Plantation/Hunter=s Ridge/Cross Creek Subdivisions, expressed their concerns about the health hazards, their quality of life being depreciated, property values decreasing, safety and traffic and the fact that they believe this type of use is not in their best interest. The residents asked Council to consider what is best for the entire community.

There being no further business to discuss, the hearing was adjourned at approximately 7:05 p.m.

March 18, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
March 18, 2002


The regular meeting of the Pooler City Council was held on March 18, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter was also 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 Cowart.

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 Wall and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program, gave the fire and police reports and congratulated Corporal Powell Harrelson and Corporal Billy Stanley on their promotions to the rank of sergeant effective April 1, 2002.

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that the fire hydrant at E. Collins Street and Skinner Avenue was hit by a vehicle on March 9th, causing damage and forcing the residents’ water being cut off due to the valve not being able to be shut. Councilman Brewton stated that he has directed the water department to ensure that all fire hydrant valves are working properly.

RECREATION

Councilman Seay reported that there will be a basketball game between the fire and police departments on Saturday at 6:00 p.m. to raise funds for the fire department, that Wal-Mart is sponsoring a basketball tournament on April 13th to raise funds for the Children’s Miracle Network, that the Rama for the baseball/softball season will be held on April 13th, and that the Sand Gnats will host a "Salute to Pooler" night on April 13th. Councilman Seay further reported that the Recreation Committee has purchased six (6) new picnic tables to be placed at the park and that a restored cannon will soon be on display near the caboose.

BUILDING/ZONING

Councilwoman Tyler reported that 7 new single family residential permits have been issued this month, totaling 200 for the year.

Rick Tindol and Carl Hoffman of Karp, Ronning & Tindol, CPAs, presented the 2001 audit, along with a Comprehensive Annual Financial Report (CAFR) of the city, stating that the city ranks among the best in the nation. Mr. Tindol stated that the CAFR will be submitted to the "Certificate of Excellence" program for consideration.

Under OLD BUSINESS the following was discussed:

1. Second Reading on amendment to decorative fence ordinance

Councilwoman Tyler made a motion to approve this amendment to the decorative fence ordinance which clarifies the percentage of opaqueness permitted. Motion was seconded by Councilman Cowart and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for conditional use to place a family entertainment center at northwest corner of Coleman Blvd. & E. Hwy 80

A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from Mr. Ed Bowen to build a Rider Court Fun Park that would include go-kart rides, miniature golf, batting cages, arcade games, laser tag, a rock climbing wall virtual reality and a food court. Councilman Wall made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

2. Approval of site plan for JCB dealership

Councilwoman Tyler presented this site plan for the JCB dealership, stating that all engineer’s comments have been addressed, but that the Planning & Zoning Board was concerned that four (4) large oak trees from the preferred list of trees had been removed. These trees were shown on the original site plan and were to be saved. Mr. Carey Johnson of JCB addressed Council, stating that the trees were removed unintentionally and that trees will be planted to replace the ones that were cut down. Councilman Cowart asked that the Council be consistent with penalizing those that violate the city’s tree ordinance. Councilwoman Tyler made a motion to approve this site plan, contingent upon a new landscape plan being approved by Planning & Zoning, thus bringing their recommendation for violation of the tree ordinance to Council for consideration on sending this matter to municipal court. Motion was seconded by Councilman Brewton and passed without opposition.

3. Approval of boundary survey for Tract 1A, Southwest Quadrant of Savannah Quarters

Councilman Cowart made a motion to approve the boundary survey for Tract 1A, Southwest Quadrant of Savannah Quarters which will permit the developer to begin the next phase. Motion was seconded by Councilman Bryan and passed without opposition.

4. Approval of boundary survey of 37.853 acres for Bridgewater Subdivision, Phase 3B

Councilman Cowart made a motion, seconded by Councilman Bryan, to approve the boundary survey of 37.853 acres for Bridgewater Subdivision. Motion passed without opposition.

5. Approval of alcoholic beverage license for Kevin H. Sikes

Mr. Baxter presented this request for an alcoholic beverage license for Kevin H. Sikes to operate the Cooler Lounge. Councilman Cowart questioned why the license was being transferred from the current operator. Mr. Rudy Barras of Gaston Properties addressed Council, stating that he holds the lease for the building, which he sub-leases to the current occupant, and that his holding company guarantees the property owner to receive their lease money every month. Further, that the current occupant is four (4) months behind in her rent and that, upon Council’s approval of Mr. Sikes’ license, he will serve an eviction notice immediately. Attorney Tracy O’Connell stated that there could be a problem with issuing a license to Mr. Sikes without him being able to take possession of the building. After discussion, Councilman Wall made a motion to approve the alcoholic beverage license for Kevin Sikes, contingent upon him not using the license until he has possession of the property. Motion was seconded by Councilman Brewton and passed without opposition.

6. Approval of send delinquent utility customer accounts to collection agency

Mr. Baxter presented a list of delinquent utility customers (over 90 days) accounts to be turned over to Lanier Collection Agency. Councilman Bryan stated that the fee this agency charges (30%) was too high and he asked Mr. Baxter pursue collection of these accounts. Councilman Bryan made a motion to deny this request and to re-visit it in 30 days. Motion was seconded by Councilman Brewton and passed without opposition.

7. Approval to waive permit fees for New Testament Baptist Church fellowship hall

Mr. Baxter presented this request from the New Testament Baptist Church to waive the permit fees for their fellowship hall, stating that this is a customary practice of the city. After discussion, Councilman Wall made a motion, seconded by Councilman Brewton, to approve. Motion passed without opposition.

8. Discussion concerning request and resolution of support from Mercy Housing SouthEast for moderate income housing project

Councilwoman Tyler stepped down from her council seat. Mr. Baxter presented this request for support (to include any financial support and the waiver of building permit fees) from Mercy Housing SouthEast for a moderate income housing project at 930 Pine Barren Road. This property was recently zoned to multi-family. Ms. Robin Haddock of Mercy Housing was present to answer any questions, stating that her company is a national, non-profit developer/owner and manager of affordable housing and that the city’s support was needed in order for the project to receive tax credits which is the primary source of funding. Councilman Cowart questioned when the decision was made to reduce the development cost associated with this project ($355,520). Mayor Carter stated that the decision has not been made, that it is now being proposed. Councilman Bryan stated that the Council was unaware of this proposal and that he was not in favor of waiving this amount of fees. Mr. Baxter stated that this item has been brought before the Council for discussion to consider their proposal. Further, that the city could possibly waive inspection fees, permit fees, etc. or do nothing at all. Ms. Haddock stated that their proposal included different ideas that Council could think about. Councilman Brewton expressed his concern over the city having to raise its water and sewer fees annually to its customers to maintain the systems, and that it would be unfair to the people to consider waiving tap in fees for this project. Councilman Bryan stated that Council needed to decide what level of support was adequate. Ms. Rebecca Benton, resident, stated her opposition of the city waiving these fees.

Councilwoman Tyler returned to her council seat.

9. Resolution regarding Land and Water Conservation Fund grant

Mr. Baxter presented a resolution regarding a Land and Water Conservation Fund grant. Mr. Tim Inglis, City Planner, stated that the State of Georgia has been awarded $3.3 million from the National Park Service to be disbursed to local governments to assist with outdoor recreation needs and that the city has identified the new recreation park as a priority need and that the first phase of the project includes the roadway construction, utility extensions and drainage work (estimated at $298,000). Further, that the city is eligible for up to $75,000 in matching grant money to help fund this project and that this resolution needs to be submitted as part of the pre-application. The resolution states that the city has the ability and intention to commit to their portion (matching funds) of the project costs. After further discussion after all agenda items were completed, Mr. Inglis explained to the Council that the deadline for this grant pre-application was March 29th, which is prior to the next regular Council meeting and he reiterated the importance of this project. Councilman Wall made a motion to approve. Motion died due to lack of a second. After further discussion, Councilman Bryan made a motion, seconded by Councilman Cowart, to approve this resolution. Motion passed without opposition.

10. Approval of budget adjustment for police department

Councilman Wall presented a budget adjustment in the amount of $5000 for the police department for funds received from a grant from the State to purchase equipment needed for the Governor’s Highway Safety Program, and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

Rebecca Benton presented pictures of a business located on Coleman Boulevard, adjacent to her property, pointing out the substandard access to this building, and asked the city to notify the owner of this violation. Mayor Carter instructed Mr. Inglis to ask the property owner to pave the access.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:30 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 8:48 p.m.

There being no further business to discuss, Councilman Bryan made a motion to adjourn at approximately 8:49 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 March 18, 2002. Mayor pro tem Travis Cowart, Jr. called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and Attorney Tracy O’Connell was present.

The purpose of this hearing was to discuss a requested conditional use to place a family entertainment center at the northwest corner of Coleman Blvd. & E. Hwy 80. Mr. Ed Bowen of Rider Court Fun Park presented this request to operate family entertainment center to include go-kart rides, batting cages, miniature golf, arcade games, laser tag, a rock climbing wall, virtual reality and a food court. Councilman Brewton questioned Mr. Bowen about the restroom facilities. Mr. Bowen stated that he would have handicap accessibility. Councilman Bryan stated his concern over the increased traffic in the area of Coleman Boulevard. Mr. Bowen stated that the peak hours of the center would be after 6:00 in the evenings on weekdays. Councilwoman Tyler asked how they would handle children that were dropped off by their parents, which Mr. Bowen answered that they would enforce strict security measures and that he would do whatever is necessary to ensure the safety of all involved.

There being no further business to discuss, the hearing was adjourned at approximately 5:59 p.m.

April 1, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
April 1, 2002


The regular meeting of the Pooler City Council was held on April 1, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilman Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present. Councilmen Jack Brewton, Robert Bryan and Travis Cowart, Jr. were absent.

The invocation was given by Mayor Carter 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 Wall, seconded by Councilman Seay, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Seay 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. Chief Fields thanked the Pooler Power Civic Club for all their help with the fund raiser for the fire department.

STREETS/DRAINAGE

Councilman Cowart was absent.

WATER/SEWER

Councilman Brewton was absent.

RECREATION

Councilman Seay reported that there are 22 baseball/softball teams, with the Rama on April 13th; that t-ball will start this week and that on April 13th, Wal-Mart is sponsoring a charity basketball tournament to help the "Children*s Miracle Network" and that April 13th is "Salute to Pooler" night at Grayson Stadium. Councilman Seay stated that the old cannon was in place, commending the city employees on the work they have done in restoring it.

BUILDING/ZONING

Councilwoman Tyler reported that 59 new single family residential permits and 160 multi-family unit permits have been issued this year, totaling 219 for the first quarter of 2002, comparing these figures with last years* total of 69 in the first quarter and that the inspections department performed 350 inspections in March. Councilwoman Tyler congratulated Jimmy Fields on his performance on the Board of Assessors test he recently completed.

Mayor Carter welcomed Laura Moreland, Miss Savannah 2002 to the meeting. Miss Moreland addressed Council with regards to her platform to promote school nurses.

Mayor Carter read aloud a proclamation regarding "Fair Housing Month".


Under OLD BUSINESS the following was discussed:

1. Request from Mercy Housing SouthEast regarding moderate income housing project

Councilwoman Tyler removed herself from her council seat, excusing herself from any discussion, therefore, Mayor Carter stated that this item would not be able to be handled due to a lack of a quorum. Mayor Carter questioned Mr. Ellis whether or not a called meeting was in order and instructed Mr. Baxter to find a suitable day where a quorum could be present.

Ms. Robin Haddock of Mercy Housing SouthEast presented the plans for a 138 unit multi-family mixed income housing project on Pine Barren Road, asking for support from the city by way of resolution, letter of support and a letter of financial support by way of a waiver of a portion of the water and sewer tap fees, building permit fees and a 10-year tax abatement on city taxes. This information will be submitted to the State for tax credits and is due by April 18, 2002 in order to be considered. Councilman Wayne Seay and Councilman Stevie stated that they were in favor of this project. Ms. Rebecca Benton, resident, stated her objections to financial support based on the fact that just because an entity is a non-profit it does not mean that the government must bestow gifts, that everyone needs to be treated the same. Ms. Benton further stated that it is arbitrary and capricious, that the city did not waive impact fees for the YMCA, which is non-profit. Further, that non-profit means entities do not distribute monies, the monies are paid back to the entities and/or used in salaries and that it seems that the city is picking on charities to the point of establishing religion by waiving fees for one but not for another. Ms. Benton also stated that if the city has rules on waiving impact fees, this needs to be fair and reasonable and applied the same to all and that it seems like property owners are being picked on because you are asking some of them to pay for future speculative sewerage use at $4.40 per gallon, but are waiving fees for multi-family apartment dwellers and therefore favoring transients.

Mayor Carter stated that a called meeting will be scheduled in the very near future to act on this item only.

Under NEW BUSINESS the following was discussed:

1. JCB Dealership tree ordinance violation

Tom Cetti of Thomas & Hutton Engineering and Carey Johnson of JCB were present. Mayor Carter stated that four (4) large oak trees which were to be saved, were removed from the site of the new JCB dealership, therefore it was necessary to penalize the property owner for violating the city*s tree ordinance. Councilwoman Tyler stated that a new landscape plan for this site, which well exceeds the city*s requirements, has been approved by Planning & Zoning, but that the matter of the tree ordinance violation was still at hand. Mr. Ellis stated that the Council has the ability of accepting a levy from the violator in lieu of taking this matter to court, with each tree cut being treated as a separate offense. Mayor Carter stated that it was important for the city to be consistent with penalties for violating the tree ordinance. After discussion, Councilman Wall made a motion, in lieu of prosecution, to levy a fine of $2000.

Motion was seconded by Councilwoman Tyler and passed without opposition.

2. Approval of construction plan for Bridgewater Subdivision, Phase 3

Councilwoman Tyler presented the construction plan for Bridgewater Subdivision, Phase 3, stating that all engineer*s comments have been addressed and that the plans show a sidewalk down Pine Barren Road. Councilwoman Tyler made a motion, seconded by Councilman Wall, to approve the construction plan. Hal Kraft of Hussey, Gay, Bell & DeYoung and Frank Brunson, developer of the subdivision, addressed Council with regards to the sidewalk being installed along the front of the project on Pine Barren Road. Mr. Kraft requested that the condition for the sidewalk along Pine Barren Road be removed from the plan and that sidewalks be placed within the subdivision. Councilman Wall stated that this issue relates to the safety of school children having to cross the road and several recommendations were presented as to how the sidewalks should be placed. Mayor Carter asked Chief Chan and Chief Fields for their assistance on this matter, and after discussion, Councilwoman Tyler rescinded her motion; Councilman Wall rescinded his second. Councilwoman Tyler then made a motion to approve the construction plan for Bridgewater Subdivision, Phase 3, contingent upon the sidewalk issue coming back to Council in two (2) weeks and allow the developer to begin construction of the subdivision. Motion was seconded by Councilman Wall and passed opposition.


3. Acceptance of maintenance bond for Medical Campus Road

Mr. Baxter presented the maintenance bond for Medical Campus Road, stating that all the items have been addressed. Councilman Wall made a motion, seconded by Councilman Seay, to approve. Motion 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.

April 9, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
April 9, 2002

A called meeting of the Pooler City Council was held on April 9, 2002. Mayor Buddy Carter called the meeting to order at 5:15 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay and Stevie Wall; City Manager Dennis Baxter and City Attorney Wiley Ellis were also present.

The purpose of this called meeting was to discuss a request from Mercy Housing SouthEast for a low to moderate income multi-family housing project on Pine Barren Road. This item was presented by Ms. Robin Haddock of Mercy Housing on April 1, 2002, at a regular scheduled meeting of the Council, but due to lack of a quorum (Councilwoman Tyler abstained from this item due to a conflict of interest), the item could not be voted on at that time. Ms. Haddock stated that this request is for a resolution of support, waiver of building permit and water and sewer tap in fees (not to exceed $92,900) as well as any financial support, to include a 10 year property tax exemption (estimated at $13,000 per year). Mr. Ellis questioned what type of financial support other cities have given. Ms. Haddock stated that the City of Savannah has waived all permit and tap in fees and forgave all delinquent taxes and liens on the property. Mr. Ellis stated that a similar request is being presented by another group at the next Council meeting on April 15th and asked whether both requests could be heard then and questioned what would happen to this project if the city did not offer any financial support. Ms. Haddock stated that the project would not go forward, due to the tax credits being the primary source of funding, but further, that there is a certain level of confidence that the project will be approved by the State with the city*s financial support. Councilman Wall and Councilman Seay stated their support of this project. Councilman Bryan stated that the project is needed, but that he did not feel that the city was able to give this type of financial support. After further discussion, Councilman Bryan made a motion to table this item until the April 15, 2002 meeting. Motion was seconded by Councilman Wall and passed with Councilman Seay opposing.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 6:50 p.m. Motion was seconded by Councilman Seay and passed without opposition.

April 15, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
April 15, 2002


The regular meeting of the Pooler City Council was held on April 15, 2002. Mayor Buddy Carter called the meeting to order at 6:15 p.m. (delayed due to the public hearing held prior). Present were Councilmen Jack Brewton, 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 invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Cowart.


The minutes of the previous scheduled meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Bryan, with no opposition. The minutes of the previous called 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. Councilman Wall thanked those who attended the Sand Gnats game on Saturday, stating that there was a good turnout.


STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance. He presented a letter commending the city on the appearance of streets and parks. Councilman Cowart commended the city workers on the fine work they are doing.


WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance.


RECREATION

Councilman Seay reported that the baseball and softball season begins April 22nd; that the CAA Rama was held last Saturday in Garden City and Hendrix Park; that there will be Pooler Rama this Saturday and that the "Salute to Pooler" night at the Sand Gnats game was a success.

Councilman Seay gave his personnel department report, commending the crews on the beautiful job they are doing in keeping the city looking good.


BUILDING/ZONING

Councilwoman Tyler reported that 10 new single family residential permits have been issued this month, totaling 69 for the year and that the permit has been issued for Ken Reddick*s retail center on E. Hwy 80.


Mayor Carter presented a plaque to Ike LaRoche, in appreciation for his support of recreation in West Chatham County. Mayor Carter announced that the road leading to the new YMCA and the city*s new recreation facility has been named in Mr. LaRoche*s honor. Mr. LaRoche thanked the Council.


Mayor Carter presented certificates to the participants of the "If I were Mayor..." contest, West Chatham Middle School 6th grade students, Lindsey Stich, Alice Brower and Tiffany Jennings, and presented the winner, Lindsey Stich with a gift certificate.


Mayor Carter presented service pins to city employees JoElla Hinson, David Williams and Harold Mitchell for their 20 years of employment with the city.


Ms. Carrie Chandler of the Pooler Power Civic Club presented a check in the amount of $1000 to the fire department, which was a portion of the funds to be used to purchase equipment.


Mayor Carter read aloud a proclamation regarding Scottish Heritage Week.


Under OLD BUSINESS the following was discussed:


1. Approval of sidewalk plan for Bridgewater Subdivision, Phase 3

Councilman Cowart stated that the street and drainage committee met with the fire chief, police chief, the developer and residents of Bridgewater Subdivision to discuss the options for the sidewalk plan and made a motion to table this item to allow them to look further into this matter. Motion was seconded by Councilman Brewton and passed without opposition.

2. Request from Mercy Housing SouthEast regarding moderate income housing project

Councilwoman Tyler stepped down from her council seat. Mr. Steve Gillespie and Ms. Robin Haddock of Mercy Housing SouthEast presented their request, which includes a resolution and letter of support and well as financial assistance (waiver of building permit and water and sewer tap-in fees and a 10 year rollback on taxes) from the city, for a low to moderate income housing project at 930 Pine Barren Road. Mr. George Seabrooks, adjacent property, questioned what type of housing is being proposed, stating that when the property was rezoned, he was told it would be similar to the apartments in Godley Station. Ms. Haddock replied that the complex would be a quality project and that her company would retain ownership and maintain the facility. Mr. Dean Kicklighter, resident, addressed Council stating that this housing proposal is the wrong way of going about it, that concentrating the under-privileged in one area is not good, that they should be spread out into the community. Ms. Haddock stated that this project would include a mixture of income levels. Councilman Brewton stated that in April of 1999 he presented a proposal to the Council to relieve those qualified senior citizens of any property taxes, which has not been able to be done, therefore it would not be fair to relieve this project of any taxes. Councilman Seay stated that there are several elderly residents in the city in need of this type of housing. Councilman Wall made a motion to approve the resolution and letter of support as well as the financial assistance requested. Motion was seconded by Councilman Seay, but did not pass due to Councilmen Brewton, Bryan and Cowart opposing. Discussion continued, wherein Mr. Cecil Abarr, member of Mercy*s advisory board, expressed his excitement of this project and that he was glad to see this type of housing being proposed in Pooler. Councilman Cowart called for a division of the question, to separate the resolution, letter and financial assistance requests, stating that the city cannot justify the waiver of any taxes for this project when it cannot be done for the seniors. Ms. Rebecca Benton, resident, stated that she supports the development but not the financial support. After further discussion, Councilman Cowart made a motion, seconded by Councilman Bryan, to approve the resolution and letter of support without any financial assistance. Motion passed without opposition.

Councilwoman Tyler returned to her council seat.


3. First Reading on ordinance to grant an electric franchise to confirm and supplement the existing rights held by Savannah Electric & Power Company

Mr. Julian Pafford of Savannah Electric presented this ordinance which calls for a 4% franchise fee to be paid quarterly to the city, stating that it is for a 20 year contract. Mr. Ellis stated that his changes have been agreed to and therefore, Councilman Cowart made a motion to approve of First Reading. Motion was seconded by Councilman Brewton and passed without opposition.


Under NEW BUSINESS the following was discussed:


1. Request for zoning map amendment of Lot 5, Sharon Court

A public hearing was held prior wherein concerns about traffic were presented. Councilwoman Tyler presented this request to re-zone Lot 5, Sharon Court from I-1 (light industrial) to C-2 (heavy commercial) and made a motion to approve. Motion died due to lack of a second. Several adjacent property owners expressed their concern again over potential traffic problems in the area, requesting that this lot remain light industrial. Councilman Wall made a motion, seconded by Councilman Bryan, to deny this request. Motion passed with Councilwoman Tyler opposing.


2. Approval of preliminary construction plan for Westbrook Subdivision, Phase 3B

Councilwoman Tyler presented the construction plan for Westbrook Subdivision, Phase 3B stating that all comments have been addressed and made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

3. Request from Merritt Housing for low income housing project on S. Rogers Street

Mr. Baxter requested, on behalf of the petitioner, to remove this item from the agenda. This request was honored.


4. Request from Bob Justis regarding concerts to be held once a month

Mr. Justis presented Council with this request to hold concerts in the city once a month, with the city to provide the place and electricity. There was much discussion over the location of these concerts. Councilman Cowart asked Mr. Baxter to meet with Mr. Justis to determine what type of facility is needed and to bring this request back at a later date.


5. Resolution regarding Georgia Cities Week

Mayor Carter presented this resolution regarding Georgia Cities Week, April 21st through 27th. Councilman Cowart made a motion, seconded by Councilman Bryan, to approve. Motion passed without opposition.


Mr. Donny Tuten presented Council with a request to allow him to begin construction on the addition of his retail building on South Rogers Street. Mr. Baxter stated that it was determined that the land where the shopping center is located was zoned single family residential when it was annexed into the city in 1986. This was done prior to the current administration, therefore, no one realized the land wasn*t zoned light commercial, which is necessary for construction to take place. Mr. Tuten stated that he thought the property was always zoned commercial and he has been waiting since last November to begin construction. Further, he was willing to apply for a re-zoning immediately to clear up this matter. There were questions as to how business licenses were allowed to be issued to the retailers. Mr. Ellis replied that they were issued as non-conforming uses and that the city was within their rights to issue the licenses. Upon Mr. Baxter*s recommendation, Councilman Wall made a motion to allow Mr. Tuten to construct the addition to his shopping center contingent upon the certificate of occupancy not being issued until the re-zoning process is complete. Motion was seconded by Councilman Seay and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:04 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 April 15, 2002. Mayor Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, 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 a requested zoning map amendment of Lot 5, Sharon Court, from I-1 (light industrial) to C-2 (heavy commercial). Mr. Wade Roberts, Jr. and Mr. Michael Bunton presented this request to operate a skating rink at this site. Councilwoman Tyler presented information from a traffic study performed in the area, stating that a traffic light would not be allowed due to the close proximity of an existing light. Ms. Rebecca Benton, adjacent property owner, presented her concern about the lack of street lighting in the area and the "spot" zoning this would create. Ms. Benton questioned the validity of the traffic study, stating that it was not relevant to this area. Further, that her property rights are affected by this request and that she objects to it. Mr. Aubrey Norris stated his objection to "spot" zoning and asked to leave the lot zoned industrial. Mr. Dozier Cook expressed his concern over potential traffic problems.

There being no further business to discuss, the hearing was adjourned at approximately 6:10 p.m.

April 29, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
April 29, 2002

A called meeting of the Pooler City Council was held on April 29, 2002. Mayor Buddy Carter called the meeting to order at 4:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter was also present.

The purpose of this called meeting was to discuss a personnel matter involving the city attorney. Mayor Carter questioned Council if they wanted to go in to executive session to discuss this matter. Councilman Bryan stated that this could be handled in open meeting. Councilman Seay stated his concern over the fact that he has not been consulted on this matter, being that he is the chairman of the personnel committee. Councilman Wall made a motion to adjourn to executive session. Motion died due to lack of a second. Mayor Carter stated that he has received a letter of resignation from City Attorney Wiley Ellis, effective May 1, 2002. Councilman Bryan made a motion to appoint Attorney Steve Scheer as the new city attorney. Motion was seconded by Councilman Brewton. Discussion followed wherein Councilman Seay expressed his opposition to the timing of this appointment, based on the pending lawsuits. Councilman Wall questioned the selection process, stating that interviews needed to be conducted. Councilwoman Tyler stated that Council discussed this issue two (2) years ago. Councilman Brewton stated that Mr. Ellis is not defending the pending cases, that the attorney for the city’s insurance company is handling them. Councilman Seay stated that Mr. Ellis and his firm have the resources regarding these cases. Mayor Carter stated that he feels that Mr. Ellis is one of the most professional, intelligent and sincere people he has ever met, that at the last Council meeting the discussion between Mr. Ellis and a citizen was his (Mayor’s) responsibility and that he has spoken to this citizen to straighten things out. Further, that Mr. Ellis has never been rude to any citizen and that whatever happens in the lawsuit with the Justice Department, he will not let Mr. Ellis be the scapegoat. Mayor Carter stated that he agrees that a new attorney is needed, to have someone who the majority of the Council will listen to and follow the advice of and that the Council needs to be united in their decisions. Further, that Council should accept Mr. Ellis’ letter of resignation and find a new city attorney.

Councilman Wall stated that this was the wrong decision at the wrong time. Councilman Bryan rescinded his previous motion; Councilman Brewton rescinded his second. Councilman Cowart made a motion to accept Mr. Ellis’ letter of resignation. Motion was seconded by Councilman Bryan and passed with Councilman Seay and Councilman Wall opposing. Councilman Brewton then made a motion to appoint Attorney Steve Scheer as City Attorney. Motion was seconded by Councilman Bryan and passed unanimously.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 4:40 p.m. Motion was seconded by Councilman Seay and passed without opposition.

May 6, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
May 6, 2002


The regular meeting of the Pooler City Council was held on May 6, 2002. Mayor Buddy Carter called the meeting to order at 6:25 p.m. (delayed due to the pre-meeting and public hearing held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and Attorney Steve Scheer were also present.

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

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

Mayor Carter welcomed newly appointed City Attorney Steve Scheer and administered the oath of office to him.

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 police and fire reports and presented Council with cost estimates for a new fire station to be discussed at the retreat this summer.

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that a new employee has been hired in the water department.

RECREATION

Councilman Seay reported that baseball and softball are in full swing; that t-ball started last Saturday and that a tumbling recital will be held on May 18th at 10:30 at the gym. Councilman Seay commended the employees at the park for the fine job they are doing. Mayor Carter commended the Recreation Committee for purchasing picnic tables for the pavilion at the park.

BUILDING/ZONING

Councilwoman Tyler reported that 37 new single family residential permits were issued in April, totaling 96 for the year, with 350 inspections performed in the month.

Mayor Carter presented a certificate to Jessica Wall, 6th grader at Mercer Middle School, in commemoration of her winning 3rd place in the City of Savannah’s "If I Were Mayor..." essay contest.

Mayor Carter read aloud a proclamation regarding "Red, White & Blue Day" on May 21st, asking citizens to participate by wearing red, white and blue and donating 25 cents to the military families who have members fighting in the war against terrorism.

Under OLD BUSINESS the following was discussed:

1. Request from Mr. Bob Justis regarding concerts to be held once a month

Mr. Justis presented this request to hold concerts at the picnic shelter in Sangrena Woods Subdivision on the first Saturday of every month, asking the city to consider waiving the rental fee. Councilman Brewton offered to donate the money to pay for the first month’s rent. Councilman Bryan made a motion to approve this request to allow Mr. Justis to use the picnic shelter on the first Saturday of June, July and August, with the rental fee of $100 being paid each time it is used. Motion was seconded by Councilwoman Tyler and passed without opposition.

2. Second Reading on ordinance to grant an electric franchise to confirm and supplement the existing rights held by Savannah Electric & Power Company

Mr. Baxter presented this ordinance to grant an electric franchise to confirm and supplement the existing rights held by Savannah Electric & Power Company. Councilman Cowart made a motion, seconded by Councilman Brewton, to approve on Second Reading. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of final plat for Bridgewater Subdivision, Phase 3

Councilwoman Tyler presented the final plat for Bridgewater Subdivision, Phase 3, stating that all comments have been addressed and made a motion to approve. Motion was seconded by Councilman Brewton and passed without opposition.

2. Request for zoning map amendment of Albert M. Wall’s property in the northwest quadrant of I-16 and Dean Forest Rd.

A public hearing was held prior wherein a request was submitted from the homeowners of Country Homes Subdivision asking that a brick fence be constructed extending 75' perpendicular to their property lines, leaving a 75' undisturbed buffer between the fence and their properties. Councilwoman Tyler presented this request to rezone the property in the northwest quadrant of I-16 and Dean Forest Road to create a mega site for a project that the Savannah Economic Development Authority is working on with the State of Georgia. After discussion, Councilman Cowart made a motion to approve this zoning map amendment for Albert M. Wall’s property to the north of the Savannah Ogeechee Canal to be zoned I-1 (Light Industrial) and his property to the south of the Savannah Ogeechee Canal to be zoned I-2 (Heavy Industrial), with the provision that the request from the homeowners of Country Homes Subdivision be honored. Motion was seconded by Councilman Bryan and passed without opposition. Councilman Wall stated for the record that he is not related to Albert M. Wall.

3. Approval of decorative fence at 307 Gleason Avenue

Councilwoman Tyler presented this request from Mr. & Mrs. Joseph Hambor to approve a decorative fence on their property and made a motion to approve. Motion was seconded by Councilman Brewton and passed without opposition.

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

Councilwoman Tyler presented this request from Larry & Holly Young to add 1.23 acres to a 1.57 acre tract at 830 W. Hwy 80, noting that only the front 300' of this property is zoned light commercial and that the remainder is zoned residential. Councilman Cowart made a motion to approve this recombination. Motion was seconded by Councilman Brewton and passed without opposition.

5. Approval of boundary survey plat for Tracts 10A & 10B of the Southwest Quadrant of Savannah Quarters

Mr. Baxter presented the boundary survey plat for Tracts 10A & 10B of the Southwest Quadrant of Savannah Quarters. Councilman Wall made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

6. Approval of preliminary construction plan for Godley Station Western Tract, Phase I, Forest Lake Subdivision

Councilwoman Tyler presented the preliminary construction plan for Godley Station Western Tract, Phase I, Forest Lake Subdivision, stating that all comments have been addressed and that the water plan has been approved. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve the preliminary construction plan. Motion passed without opposition.

7. Approval of right-of-way exchange at Mill Creek Circle for Sam’s Club

Mr. Baxter presented this request to exchange a right-of-way at Mill Creek Circle to accommodate the proposed Sam’s Club. The developers were present and stated that originally they gave the city a road and now want to relocate this road, which services one (1) property owner who owns both parcels of land (Red Roof Inn and the site for the new Sam’s club). Mr. Scheer stated that although there is only one (1) property owner affected, the city is required to make sure that the exchange is for public purposes and that it is in the best interest of the public, that the exchange can take place only as long as the developer provides an appraisal which shows the land being exchanged is either as valuable or more than the property the city is giving back. Further, that if there is a shortfall in the value, the developer will have to make the amount up in cash and that no exchange shall be approved until such time as the sale of the property to Sam’s Club has been consummated. Councilman Cowart made a motion to approve this request to include Mr. Scheer’s recommendations, subject to the closing of the Sam’s Club land. Motion was seconded by Councilman Bryan and passed without opposition.

8. Approval for LifeLine Screening to use gym on June 18th

Mr. Baxter presented this request to allow LifeLine Screening to use the gym on June 18th to perform screenings for vascular disease, stating that this procedure has been performed at the gym for the past two (2) years and that a rental fee of $150 will be charged accordingly. Councilman Wall made a motion to approve this request. Motion was seconded by Councilman Seay and passed without opposition.

9. Discussion concerning street sweeper

Councilman Cowart stated that during the budget hearings last November, the purchase of a street sweeper was removed and requested that this purchase be re-considered at the mid-year budget adjustment.

10. First Reading on amendment to sign ordinance

Mr. Tim Inglis, Public Works Director, presented this amendment to the sign ordinance for clarification of the definition of message boards, which are prohibited in the city, stating that this provision does not apply to signs that are used to convey public service messages such as time and temperature. Councilman Cowart made a motion to approve this amendment on First Reading. Motion was seconded by Councilwoman Tyler and passed with Councilman Wall opposing.

Councilman Bryan made a motion to adjourn to Executive Session at approximately 7:20 p.m. to discuss legal and personnel matters. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Carter called the meeting back to order at 7:54 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:55 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 6, 2002. Mayor Buddy Carter called the hearing to order at 6:05 p.m. (delayed due to the pre-meeting held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss a requested zoning map amendment of Albert M. Wall’s property in the northwest quadrant of I-16 and Dean Forest Road. Ms. Peggy Jolley of the Savannah Economic Development Authority presented this request on behalf of the owner, to rezone the property to the north of the Savannah Ogeechee Canal to I-1 (light industrial) and to re-zone the property south of the Canal to I-2 (heavy industrial). Ms. Jolley stated that she is working with the state to create a mega site for a project she is trying to bring to this area, but that even if the project does not choose to locate here, the state would still like to work with SEDA in creating a quality corporate campus that would be environmentally safe and pleasing for the community. Mr. Gary Smith, representative for the homeowners of Country Homes Subdivision, presented Council with their resolution to this re-zoning request as follows: that at the point of intersection of the Wall property line with the property lines of Smith and Dunlap, an architecturally designed fence be constructed extending 75' perpendicular to the Country Homes Subdivision along the property of Popperwill, Spilliards, Hardison, Johnson, Spilliards and Stokes with the area between the fence and the residential property lines being left in its undisturbed natural condition. Further, that the fence be constructed prior to any further development of the Wall property, that it be constructed of solid brick and mortar with a height of no less than 10' and sufficient to withstand the elements of Mother Nature and time and that proper drainage be provided for the subdivision and the 75' buffer. Mr. Smith requested that these terms be made a part of the approval to protect the long-standing residents of Country Homes.

There being no further discussion, the hearing was adjourned at approximately 6:20 p.m.

May 6, 2002

Pre-Meeting

The Mayor and City Council met for a pre-meeting before the regular scheduled Council meeting on May 6, 2002. Mayor Buddy Carter called the pre-meeting to order at 5:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and Attorney Steve Scheer were also present.

The purpose of this pre-meeting was to go over the agenda items for the impending meeting.

Councilman Bryan made a motion to adjourn to Executive Session at approximately 5:37 p.m. to discuss legal matters. Motion was seconded by Councilman Seay and passed without opposition.

May 20, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
May 20, 2002

The regular meeting of the Pooler City Council was held on May 20, 2002.

Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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 made 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 Brewton and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the fire report. Chief Chan stated that the developer of Bridgewater Subdivision has agreed to pay for the signs needed for a school crossing to be placed near the entrance of his subdivision and to pay for the crossing guard’s salary for at least one (1) year, asking for Council’s permission to order the signs. Councilman Brewton made a motion to approve the purchase of these signs and to send a letter to the developer to accept this offer. Motion was seconded by Councilman Cowart and passed without opposition.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance, commending the city crews on the fine job they were doing.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance.

RECREATION

Councilman Seay reported that baseball, softball and t-ball are well underway, that a tumbling recital was held on Saturday, May 18th and that a new tumbling and dance class will begin in mid June.

BUILDING/ZONING

Councilwoman Tyler reported that a PUD Review Board meeting was held last Monday to discuss the Final PUD for Phase V of the Southwest Quadrant of Savannah Quarters.

Mayor Carter presented an old map (1925) which has been donated by former Mayor Virgil Beatty, thanking him for this kind deed.

Under OLD BUSINESS the following was discussed:

1. Second Reading on amendment to sign ordinance

Mr. Baxter presented this amendment to the ordinance to clarify the definition of message boards. There was discussion concerning message boards not being allowed in the city and it was the general consensus of the Council that message boards with stationery messages (not rolling) should be allowed. Councilman Wall made a motion, seconded by Councilman Cowart, to table this item. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of zoning map amendment of 1.05 acres on S. Rogers Street

A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from Mr. Donny Tuten to rezone this property which was "grand-fathered in" when it was annexed into the city several years ago, being used for commercial purposes since that time. Mr. Tuten was asked to petition the city to rezone his property to light commercial when he applied for a building permit for an addition to the shopping plaza. 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 conditional use to build a church in a single family residential area on S. Rogers Street

A public hearing was held prior wherein no opposition was presented. Councilwoman Billie Tyler presented this request from Mr. David Stanford, Pastor of the West Chatham Baptist Church, for a conditional use to build a church on S. Rogers Street. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve this request. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of minor subdivision and recombination of a 6.25 acre tract on Pine Barren Road

Councilwoman Tyler presented this minor subdivision and recombination of Clem Burnsed’s 6.25 acre tract on Pine Barren Road, stating that it is being divided into Lots A and B and a portion is being combined to Lot C. Councilwoman Tyler made a motion to approve this request. Motion was seconded by Councilman Brewton and passed without opposition.

4. Approval of preliminary construction plans for Westbrook Subdivision, Phases 3C and 3D

Councilwoman Tyler presented the preliminary construction plans for Westbrook Subdivision, Phases 3D and 3D, stating that all the engineer’s comments have been addressed, and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

5. Approval of revised development guidelines for the golf villas in Phase I of the Southwest Quadrant of Savannah Quarters

Mr. Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers presented the revised development guidelines for the golf villas in Phase I of the Southwest Quadrant, stating that the overall density will not change and that it is the same as all the other residential development standards in the Southwest Quadrant of Savannah Quarters. There was concern over the minimum lot width being only 60 feet, and the Council felt that 70 feet was more suitable. After discussion, Councilman Bryan made a motion to approve these guidelines, changing the minimum lot width for the golf villas from 60 to 70 feet. Motion was seconded by Councilman Cowart and passed without opposition.

6. Approval of Final PUD for Phase V of the Southwest Quadrant of Savannah Quarters

Mr. Wohlfeil of HGB&D presented the Final PUD for Phase V of the Southwest Quadrant of Savannah Quarters, stating that the lots exceed the city minimum requirements, and after discussion, Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

7. Approval of recombination of Lot 52 on N. Skinner Avenue

Mr. Baxter presented this recombination of Lot 52 on N. Skinner Avenue. Councilman Cowart made a motion, seconded by Councilman Brewton, to approve this recombination. Motion passed without opposition.

Councilman Cowart made a motion to adjourn to Executive Session at approximately 6:58 p.m. to discuss legal matters. Motion was seconded by Councilman Brewton and passed without opposition.

Mayor Carter called the meeting back to order at 7:11 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:12 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

Public Hearing

A public hearing was held on May 20, 2002, prior to the regular City Council meeting. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this public hearing was to discuss:

1) A requested zoning map amendment of 1.05 acres on S. Rogers Street -

Mr. Donny Tuten has petitioned the city to rezone this property, which was "grand-fathered in" as a non-conforming use (commercial) when it was annexed into the city several years ago. Mr. Tuten was asked to petition the city for this re-zoning when he applied for a building permit for an addition to his shopping plaza.

2) A requested conditional use to build a church in a single family residential area on S. Rogers Street - Mr. David Stanford, Pastor of the West Chatham Baptist Church, presented this request to build a church on S. Rogers Street.

There being no further business to discuss, the hearing was adjourned at approximately 5:51 p.m.

June 3, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
June 3, 2002

The regular meeting of the Pooler City Council was held on June 3, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.


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 Bryan, seconded by Councilwoman Tyler, 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 Brewton and passed without opposition.


PUBLIC SAFETY

Councilman Wall reported on the community service program, gave the fire and police reports and presented letters commending Officer John Reid and Detective John Schmitt. Fire Chief Jimmy Fields stated that there have been several open area fires and asked that a ban on burning be in place until further notice.


STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and stated that the city is looking into allowing the crews to wear shorts during the summer.


WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance.

RECREATION

Councilman Seay reported that baseball and softball games are coming to an end, with the G.R.P.A. tournaments being held the end of June.

BUILDING/ZONING

Councilwoman Tyler reported that 16 new single family residential permits were issued in May, totaling 112 for the year, with 457 inspections performed.

There was no OLD BUSINESS to discuss.


Under NEW BUSINESS the following was discussed:


1. Request from the Pooler Rotary Club to waive deposit and rental fees for picnic shelter

Mr. Baxter presented this request from Phil West, President of the Pooler Rotary Club, to waive the deposit and rental fees for the picnic shelter to be used on July 12th for a fundraiser. Mr. Scheer stated that the city cannot give away anything of value. Councilman Cowart made a motion, based on the Mr. Scheer*s advice, to deny this request. Motion was seconded by Councilman Brewton and passed without opposition.


2. Approval of recombination of Lot 1, Pinehurst Subdivision and the Glory Rajczak Tract

Mr. Baxter presented this recombination of Lot 1, Pinehurst Subdivision and the Glory Rajczak tract on Pine Street, stating that this will allow access to Ms. Rajczak*s property. Ms. Rebecca Benton, resident, stated that she does not agree with the dedication of Pine Street on the mylar and that she never implicitly or explicitly offered her property for dedication. Councilman Wall made a motion to approve this recombination. Motion was seconded by Councilman Bryan and passed without opposition.


3. Acceptance of road and lift station at West Chatham YMCA

Mr. Baxter presented this request from the West Chatham YMCA for acceptance of the road and lift station, stating that all items have been addressed and that the city will reimburse the YMCA $61,949.25 for the improvements. Councilman Bryan made a motion, seconded by Councilman Seay, to accept the road and lift station. Motion passed without opposition.

Councilman Cowart made a motion to add Item #4 under New Business. Motion was seconded by Councilman Brewton and passed without opposition.

4. First Reading on ordinance to amend the Charter in regards to municipal court fees and length of imprisonment

Mr. Scheer presented an ordinance to amend the city*s Charter to increase the length of imprisonment to 60 days and the maximum fine amount to $1000.00. After discussion, Councilman Wall made a motion to approve this ordinance on First Reading. Motion was seconded by Councilwoman Tyler and passed without opposition. Mr. Scheer stated that this ordinance will be advertised for three (3) consecutive weeks in the newspaper prior to final adoption.

Councilman Wall made a motion to adjourn to Executive Session at approximately 6:30 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 6:45 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 6:46 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

June 17, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
June 17, 2002

The regular meeting of the Pooler City Council was held on June 17, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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 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 reported that the street and drainage departments have performed routine maintenance.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance.

RECREATION

Councilman Seay reported that the 14 & under boys’ baseball team is participating in the G.R.P.A. tournament in Baxley at this time.

BUILDING/ZONING

Councilwoman Tyler reported that 8 new single family residential permits have been issued this month, totaling 120 for the year.

Mayor Carter presented a plaque to outgoing Planning & Zoning member, Judson Trapnell, thanking him for his service.

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed:

1. Request for conditional use to operate a beauty shop at 304 Sangrena Drive

A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from Ronnie and Tara Benton to operate a beauty shop out of a portion of their garage. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve, contingent upon two (2) parking spaces being added and that only one (1) operator be allowed in the beauty shop. Motion was seconded by Councilman Cowart and passed without opposition.

2. Request to subdivide 5.1 acres located on E. Highway 80 into Lots B & B1

Councilwoman Tyler presented this request from Mr. Hurley Cook to subdivide his property on E. Highway 80 into two (2) lots and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Brewton and passed without opposition. Councilman Wall questioned whether or not an access road was being planned for this development, and it was decided that it would be addressed during the site plan review.

3. Approval of final plat for Westbrook Subdivision, Phase 3A

Councilwoman Tyler presented the final plat for Westbrook Subdivision, Phase 3A, stating that all comments have been addressed, and made a motion to approve, contingent upon proper financial security being posted. Motion was seconded by Councilman Seay and passed without opposition.

4. Approval of final plat for Westbrook Subdivision, Phase 2

Councilwoman Tyler presented the final plat for Westbrook Subdivision, Phase 2, stating that all comments have been addressed. Councilman Cowart made a motion to approve this final plat, contingent upon proper financial security being posted. Motion was seconded by Councilman Brewton and passed without opposition.

5. Approval of revisions to Bridgewater Subdivision, Phase III

Councilwoman Tyler presented the revisions to Bridgewater Subdivision, Phase III, and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

6. Approval of boundary survey for Bridgewater Subdivision, Phase 4

Mr. Baxter presented the boundary survey for Bridgewater Subdivision, Phase 4. After discussion, Councilman Wall made a motion to approve. Motion was seconded by Councilwoman Tyler and passed without opposition.

7. Approval to place pedestrian sidewalks under I-95 overpass

Councilman Cowart presented the plans for the pedestrian sidewalks to be constructed under the I-95 overpass, stating that the estimate is $14,400 and that Special Purpose Local Option Sales tax money can be used for this project. After discussion, Councilman Cowart made a motion, seconded by Councilman Brewton, to approve the placement of sidewalks under the I-95 overpass, contingent upon DOT approval. Motion passed without opposition.

8. Approval of amendment to personnel policy regarding nepotism

Mr. Baxter presented this amendment to the personnel policy in regards to clarifying the definition of "supervisor" and allowing part-time employment for those with unique skills to be relatives of an immediate supervisor. Councilman Wall made a motion to approve this amendment to clarify the definition of "supervisor" but not to allow part time employees with unique skills to be supervised by a relative. Motion died due to lack of a second. Mayor Carter stated that he does not agree with making an exception to this policy, and after discussion, Councilwoman Tyler made a motion to approve this amendment as printed. Motion was seconded by Councilman Cowart and passed with Councilman Wall opposing.

9. Approval of change to retirement plan for city employees

Mr. Baxter presented this change to the city employees’ retirement plan, stating that it includes a 2% cost of living allowance, a reduction of the penalty at early retirement from 50% to 25% and after 30 years of service, there will be no penalty for early retirement. These new benefits will cost an additional 4.5%, with the city contributing 2.5% and the employees contributing 2%. In addition, the health coverage for retirees (at least 55 years of age) would be provided as follows: After 15 years of service, the city would pay 50% of the premium with the employee paying 50%; after 20 years of service, the city would pay 70% of the premium with the employee paying 30%; and after 25 years of service, the city would pay 80% of the premium with the employee paying 20%. After discussion, Councilman Wall made a motion to approve this change to the employees’ retirement plan and retirees’ health insurance benefits. Motion was seconded by Councilman Bryan and passed without opposition.

10. Approval of budget adjustment for capital outlay

Mr. Baxter presented this budget adjustment for capital outlay for 2002, stating that this is required by the state. Councilman Bryan made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

There being no further business to discuss, Councilman Bryan made a motion to adjourn at approximately 6:58 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 June 17, 2002. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss a requested conditional use to operate a beauty shop at 304 Sangrena Drive. Ronnie and Tara Benton presented this request for a one (1) chair beauty shop to be operated out of their garage, with no more than two (2) customers being parked at the residence. Councilwoman Tyler stated that Planning & Zoning has recommended that two (2) additional parking spaces be added at the residence and that only one (1) operator be allowed to work there.

There being no further business to discuss, the hearing was adjourned at approximately 5:53 p.m.

July 1, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
July 1, 2002


The regular meeting of the Pooler City Council was held on July 1, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.


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 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 Wall and passed without opposition


PUBLIC SAFETY

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

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance. Mayor Carter requested that the street and drainage committee come up with a policy on culvert installation. Councilman Cowart stated that they have already looked into this matter and will present it at the next meeting.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance.

RECREATION

Councilman Seay reported that football and cheerleading signups are ongoing; that there is one (1) team left to participate in the G.R.P.A. tournament.

BUILDING/ZONING

Councilwoman Tyler reported that 17 new single family residential permits were issued in June, totaling 129 for the year, with 407 inspections performed, and compared these totals with 2001 totals. Councilwoman Tyler stated that there is a vacancy on the Planning & Zoning Board and made a motion to appoint Wilson Roberts. Motion was seconded by Councilman Bryan and passed without opposition.

Mayor Carter presented Zoning Administrator Jackie Carver with a 20 year service pin.

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed:

1. Adoption of update to Future Land Use Map

A public hearing was held prior wherein Ms. Rebecca Benton, resident, presented her comments to be made verbatim part of the minutes, stating her opposition of the zoning (single family residential) of her family-owned land (190 acres west of I-95). Councilwoman Tyler made a motion to adopt the update to the Future Land Use Map. Motion was seconded by Councilman Wall and passed without opposition.

2. Approval of engineering proposal for water line replacement on Gleason Avenue

Mr. Baxter presented this proposal for engineering services for the replacement of the water line on Gleason Avenue. Councilman Wall made a motion, seconded by Councilman Bryan, to approve. Motion passed without opposition.

3. Approval of site plan for veterinary clinic at Pooler Park of Commerce

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

4. Approval of site plan for Fred Williams* accessory building behind design center

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

5. Approval of revisions to Phase I of the Savannah Quarters PUD regarding the commercial/multi-family developments

Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers and Alan James of Foley Design Associates, presented the revision to Phase I of the Savannah Quarters PUD with regards to a commercial/multi-family area, stating that the revisions will result in less density and more greenspace and that development standards were added to cover the golf and equestrian lots. He further stated that the area will be pedestrian friendly. Councilman Brewton questioned where the recreational area would be located. Mr. Wohlfeil explained that the exact location will be designated during the final site plan. After discussion, Councilwoman Tyler made a motion to approve these revisions and the development standards for Phase I of the Savannah Quarters PUD commercial/multi-family developments. Motion was seconded by Councilman Seay and passed without opposition. Councilwoman Tyler asked the developer to consider naming the area something other than a "village".

6. Approval of minor subdivision of three (3) golf villas in Savannah Quarters

Mr Wohlfeil presented this minor subdivision and after discussion, Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

7. Approval of minor revision to minor subdivision plat of Lot 3, SEPCO Subdivision

Councilwoman Tyler presented this minor revision to the minor subdivision plat of Lot 3, SEPCO Subdivision to correct the encroachment of the building into the 50 foot utility easement and made a motion to approve, contingent upon the property owner adhering to the agreement made before the Planning & Zoning Board. Motion was seconded by Councilman Wall and passed without opposition.

8. Approval of recombination of Lots 9 and 10, Bridgewater Subdivision, Phase One

Mr. Baxter presented this recombination of Lots 9 and 10, Bridgewater Subdivision, Phase One. Councilman Cowart made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

9. Approval of Sunday sales license for Westbrook Country Club

Councilman Brewton stepped down from his council seat. Mr. Baxter presented this request for a Sunday sales license to sell alcoholic beverages at Westbrook Country Club on Sunday. Mr. Steve Leonard, Manager of the Country Club, stated that the restaurant will be open on Friday and that he anticipates the food sales to be 50% of the annual gross revenue. Councilman Wall made a motion to approve. Motion died due to lack of a second. Mr. Mark Hall, developer, asked that consideration be given based on the request being in compliance with the city*s ordinance. After discussion, Councilman Cowart made a motion to table this item. Motion was seconded by Councilwoman Tyler and passed without opposition.

10. Approval of alcoholic beverage license for Mark Hall for snack bar @ Westbrook

Mr. Baxter presented this request for an alcoholic beverage license at the snack bar at Wesbrook. Councilman Wall made a motion, seconded by Councilman Bryan, to approve this license, with sales on Monday through Saturday only. Motion passed without opposition.

Councilman Brewton returned to his Council seat.

11. Discussion concerning property at 1152 W. Hwy 80

Councilwoman Tyler stepped down from her council seat. Mr. Baxter stated that Ms. Tyler was using this property, which is zoned commercial, to operate her business, but that the house was never converted into a commercial business, because it only occupied one (1) room, therefore it could have been considered as a home occupation. Further, that the city*s ordinance requires that once a building (house) is converted from being used as residence to a commercial use, it cannot revert back to being used for residential purposes, but that Ms. Tyler would like to now use the house for residential purposes for rental property. Mr. Baxter further stated that there were never any signs on the property nor was there a parking lot paved. Mayor Carter questioned why this provision was in the ordinance. Mr. Baxter stated that originally if there was a vacant lot in a commercially zoned area and the owner wanted to build a residence, a conditional use would need to be approved and the owner would have to realize that they were adjacent to commercial businesses. Ms. Carver read the provision of the ordinance regarding non-conforming uses, stating that a non-conforming use which is changed to a conforming use should not be permitted to revert to the original or less restrictive use. But, as previously stated, the property had not been converted to commercial. After further discussion, Councilman Cowart made a motion, seconded by Councilman Bryan, to approve the property to be used for residential purposes and to send this information to Planning & Zoning to consider amending the ordinance regarding non-conforming uses. Motion passed with Councilman Wall opposing.

Councilwoman Tyler returned to her council seat.

12. First Reading on amendment to ordinance regarding meetings

Mr. Baxter presented this amendment to the ordinance to allow for pre-meetings to be held 30 minutes prior to every council meeting. Further, that this will keep the city from having to advertise when these meetings take place. Councilman Bryan made a motion to deny this amendment. Motion was seconded by Councilman Seay and passed with Councilman Wall opposing.


13. Discussion concerning Charter

Councilman Brewton stated that the city*s charter was outdated and made a motion to form a committee to work with the city attorney to revise it. Motion was seconded by Councilwoman Tyler and passed without opposition. Mayor Carter asked that the personnel committee work with the city attorney on this matter.

Councilman Brewton made a motion to adjourn to executive session at approximately 7:45 p.m. to discuss legal and personnel matters. Motion was seconded by Councilman Cowart and passed without opposition.

Mayor Carter called the meeting back to order at 8:19 p.m.


There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 8:20 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 July 1, 2002. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.


The purpose of this hearing was to discuss the update to the Future Land Use Map. Mayor Carter stated that the city has been working with the Coastal Georgia Regional Development Center in updating this map, with several workshops being held with the Planning & Zoning Commission to discuss the proposed changes, which the RDC has approved. Jackie Carver, Zoning Administrator, presented this map, stating that the update was needed due to the annexations in the past years. Ms. Rebecca Benton, property owner, presented her comments to be made verbatim a part of the minutes, stating that the current zoning of her 190 acres west of I-95 (single family residential) causes a hardship on her, providing no economic productive use. Further, that she intends to request a rezoning to heavy commercial.


There being no further discussion, the hearing was adjourned at approximately 5:55 p.m.

July 15, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
July 15, 2002

The regular meeting of the Pooler City Council was held on July 15, 2002. Mayor pro tem Travis Cowart, Jr. called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Wayne Seay, Councilwoman Billie Tyler and Councilman Stevie Wall; City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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 made by Councilwoman Tyler, seconded by Councilman Bryan, with no opposition.

Mayor Carter arrived and then presided over the meeting.

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 police and fire reports. Fire Chief Jimmy Fields reported that the fire department has been approved for a grant from the Georgia Municipal Association for the purchase of fire equipment.

Councilman Wall made a motion to add Item #7 under New Business. Motion was seconded by Councilman Seay and passed without opposition.

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that the water consumption for June averaged 1.2 million gallons a day.

RECREATION

Councilman Seay reported that signups for football and cheerleading are still going on.

BUILDING/ZONING

Councilwoman Tyler reported that 11 new single family residential permits have been issued in July, totaling 140 for the year and introduced the new residential building inspector, Mr. Scott McPherson.

Mayor Carter read aloud a proclamation regarding Senior Citizen Aid/Transportation/Travel Coordinator Nell Anderson who is retiring, proclaiming

July 30, 2002 as "Nell Anderson Day" in the City of Pooler.

Under OLD BUSINESS the following was discussed:

1. Approval of alcoholic beverage license for Mark Hall @ Westbrook Country Club (new location)

Councilman Brewton stepped down from his council seat. Mr. Baxter presented this request for the alcoholic beverage license at the Westbrook Country Club (restaurant), stating that the location has been changed from the temporary trailer to its permanent building on Palladian Way. Councilman Cowart made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

2. Approval of Sunday sales license for Westbrook Country Club

Mr. Baxter presented this request which was tabled from the last meeting in order for Council to review this request. Councilman Wall made a motion to approve the Sunday sales license for the restaurant at Westbrook Country Club. Discussion followed, wherein Council was concerned about a mobile cart being used to serve alcoholic beverages on the golf course. Mr. Scheer advised Council that they had very little discretion in denying this request, based on it being in compliance with the city’s ordinance. Mr. Mark Hall, developer of Westbrook, and his attorney, Mr. Danny Falligant, addressed Council asking for consideration of this request, based on the fact that the restaurant meets the requirements of the ordinance. Motion died due to lack of a second.

Councilman Brewton returned to his council seat.

Under NEW BUSINESS the following was discussed:

1. Approval of final plat for Barrington Estates, Villages, Phase 5-B

Councilwoman Tyler presented the final plat for Barrington Estates, Villages, Phase 5-B, stating that all the engineers comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

2. Approval of proposal for architectural design of new fire station

Mr. Baxter presented this proposal from Hussey, Gay, Bell & DeYoung Engineers for the architectural design of the new fire station, stating that it is based on a budget of $500,000. Mayor Carter requested that, if this proposal is approved, Mr. Lovett of HGB&D meet with the fire chief and the public safety committee to work on a proposal to be brought before Council. Councilman Wall questioned if the proposal discussed at the retreat in June was sufficient. It was the general consensus of most of the Council that this building could be built for less money. Therefore, Councilman Cowart made a motion to table this item until after the public safety committee and Chief Fields meet to determine a budget for the construction of a new fire station. Motion was seconded by Councilman Brewton and passed with Councilman Wall opposing.

3. Approval of minor subdivision plat of a 15.65 acre portion of Southwest Quadrant

Councilwoman Tyler presented this minor subdivision plat of a 15.65 acre portion of the Southwest Quadrant and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

4. Approval of alcoholic beverage license for Lorie Hendley @ Players Place Billiards

Councilman Brewton stepped down from his council seat. Mr. Baxter presented this application for an alcoholic beverage license for Lorie Hendley at Players Place Billiards, stating that Chief Chan stated that he has recommended approval and that this is a transfer in management of this establishment. Councilman Wall made a motion, seconded by Councilman Bryan, to approve this license. Motion passed without opposition.

Councilman Brewton returned to his council seat.

5. Approval of release of performance bond/acceptance of maintenance bond for Godley Village, Phase 2D

Mr. Baxter presented this request from the developer to release the performance bond and accept the maintenance bond for Godley Village, Phase 2D, stating that the city attorney has approved the bond. Councilman Wall made a motion to approve. Motion was seconded by Councilwoman Tyler and passed without opposition.

6. Approval of preliminary construction plan for Bridgewater Subdivision, Phase 4

Councilwoman Tyler presented the preliminary construction plan for Bridgewater Subdivision, Phase 4, stating that all engineers comments have been addressed, and made a motion, based on staff and Planning & Zoning’s recommendation, to approve. Motion was seconded by Councilman Brewton and passed without opposition.

7. Approval of special events license/letter of approval for Comfort Inn

Councilman Brewton stepped down from his council seat. Chief Chan presented this request from Mr. Bob McEwen of the Shag Club for a special events license to serve alcoholic beverages at the Comfort Inn on July 19th and 20th. Mr. McEwen addressed Council, stating that the proceeds for this event will go to the "Open Arms" charity and the Inner City Shelter and that he had been led to believe that the motel had a current alcoholic beverage license, which he has recently found out they do not. Further, that this event (a dance) has been booked for quite some time and it would be very hard to cancel and refund people’s money. Chief Chan stated that he has contacted the alcohol agent for the state, who has stated that upon the city’s approval of this event, the state will submit their approval. After discussion, Councilman Bryan made a motion to approve this special events license for July 19th & 20th , 2002 only, based on the exigent nature of the request and contingent upon the group obtaining state approval. Motion was seconded by Councilwoman Tyler and passed without opposition.

Councilman Brewton returned to his council seat.

Councilman Bryan made a motion to adjourn to Executive Session at approximately 7:10 p.m. to discuss legal and personnel matter. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Carter called the meeting back to order at 7:39 p.m.

Councilman Wall brought Item #2 under Old Business back up for discussion. Councilman Brewton stepped down from his council seat. Councilman Wall made a motion, based on the advice (discussion concerning pending litigation) of Mr. Scheer, to approve the Sunday sales license for the restaurant at Westbrook County Club, contingent upon the restaurant abiding by all state laws. Motion was seconded by Councilman Bryan and passed with Councilman Cowart opposing.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:42 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

August 5, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
August 5, 2002


The regular meeting of the Pooler City Council was held on August 5, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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 Bryan, seconded by Councilman Brewton, 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. Councilman Wall made a motion to add Item #7 under New Business. Motion was seconded by Councilman Bryan and passed without opposition.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and provided statistics for each department on daily activities.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that all parameters have been met at the wastewater treatment plant.

RECREATION

Councilman Seay reported that a cheerleading camp was held last week at the park, with 53 participants; that cheerleading practice has begun and that the new church in Godley Station has requested to hold a memorial service for those lost on September 11th at the park.

BUILDING/ZONING

Councilwoman Tyler reported that 22 new single family residential permits were issued in July, totaling 151 for the year, with 575 inspections performed and that members of Planning & Zoning will be attending a GAZA workshop in Savannah this month.

Councilwoman Tyler stated that there was a vacancy on the Planning & Zoning Board and made a motion to appoint Don Taylor. Motion was seconded by Councilman Bryan and passed without opposition.

Ms. Diane Cantor, President of the Savannah-Chatham County School Board, addressed Council, asking for their continued support in her upcoming bid for re-election.

Mayor Carter presented a plaque to outgoing Planning & Zoning member, Craig Brewer, thanking him for his service.

Under OLD BUSINESS, Councilman Wall addressed Council with ongoing concern over the Vaughn properties in Country Homes Subdivision, asking the city attorney to see if anything could be done to speed up the condemnation process. Mr. Scheer stated that he would check with Attorney Tracy O’Connell to request a hearing in the very near future, based on the fact that these properties pose a health hazard and public safety concern.

Under NEW BUSINESS the following was discussed:

1. Request for fence height variance and permission to use chain link fence for decorative fence at 230 N. Moore Ave.

A public hearing was held prior wherein no opposition was presented. Councilman Seay stated that the city’s decorative fence ordinance permits those type of fences for decoration only, while the petitioners are requesting a fence for utilitarian purposes, and after discussion, made a motion to approve the one (1) foot fence height variance and to allow them to use chain link fencing for a decorative fence. Motion was seconded by Councilman Brewton and passed with Councilwoman Tyler and Councilman Wall opposing.

2. Approval of revised preliminary construction plans for Williams Hollow Subdivision

Councilwoman Tyler presented the revised preliminary construction plans for Williams Hollow Subdivision, stating that it is an existing eight (8) lot subdivision being revised to reflect a 15 lot subdivision. Fire Chief Jimmy Fields stated that, due to the increase in number of lots, an additional fire hydrant was needed at or near the entrance to this subdivision. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve the revised preliminary construction plans for Williams Hollow Subdivision, contingent upon a fire hydrant being added at or near the entrance. Motion passed without opposition.

3. Approval of recombination plat for Druden-Heintzman Subdivision

Mr. Baxter presented this recombination to move the property line between Lots A & B to allow the owner to sell Lot B. Councilman Bewton made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

4. Approval of proposal for equipment at wastewater treatment plant

Councilman Brewton stated that a workshop needed to be scheduled prior to approving this item. Mayor Carter addressed Mr. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers, stating that the city has hired their firm to come up with a proposal and recommendation and have always relied on their expertise. Mr. Lovett stated that his firm was making a very strong recommendation and that there was no question about it. Councilman Brewton made a motion to table this item to allow Council to discuss this matter, requesting that a workshop be scheduled with Mr. Lovett prior to the next meeting. Motion was seconded by Councilman Bryan and passed without opposition.

5. Discussion concerning Martin Luther King, Jr. Day holiday for city employees

Councilman Seay stated that the personnel committee has discussed this matter and made a motion to declare Martin Luther King, Jr. Day a holiday for city employees.

Motion was seconded by Councilman Wall and passed without opposition.

6. Resolution regarding Georgia Environmental Facilities Authority loan to construct a sanitary sewer force main and upgrade two (2) pump stations

Mr. Baxter presented this resolution to authorize him to sign all documents relating to this GEFA loan. Councilman Cowart made a motion, seconded by Councilman Wall, to approve. Motion passed without opposition.

7. First Reading on ordinance regarding hazardous material incident cost recovery

Councilman Wall presented this ordinance which will permit the city to recover costs incurred when responding to calls which involve hazard materials being discharged onto city property and made a motion to approve on First Reading. 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 6:53 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 August 5, 2002. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this public hearing was to discuss a requested one (1) foot fence height variance and permission to use a chain link fence for a decorative fence at 230 N. Moore Avenue. Russell and Lori Bukowski presented their request, stating that they would agree to building a wooden fence instead of chain link, if Council so desired. Further, that there are at least three (3) front yards on their street that have chain link fences already. Councilwoman Tyler stated that these fences were "grandfathered in" and that chain link fences pose a public safety hazard for the fire department. The Bukowskis stated that there would be a gate in the front which would remain unlocked and that their driveway would not be fenced in.

There being no further business to discuss, the hearing was adjourned at approximately 5:59 p.m.

August 19, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
August 19, 2002


The regular meeting of the Pooler City Council was held on August 19, 2002. Mayor Buddy Carter called the meeting to order at 6:11 p.m. (delayed due to the public hearing held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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

The minutes of the previous meetings (regular and called of 8-12-02) 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, subject to funds. Motion was seconded by Councilman Brewton and passed without opposition.

PUBLIC SAFETY
Councilman Wall reported on the community service program and gave the fire and police reports. Fire Chief Fields reported that, with the help of Mr. Scheer, the fire department has been awarded $20,000 from the Governor’s Discretionary Fund to purchase equipment.

STREETS/DRAINAGE
Councilman Cowart reported that the street and drainage departments have performed routine maintenance, giving statistics on the amount of work the drainage crews have completed and stated that since 1999, the city has overlaid 48,048' (9.1 miles) of roads and the state has overlaid 2.03 miles of roads through the Local Assistance Road Program. Councilman Cowart further stated that he has a list of streets to be recommended for this year’s LARP, asking Council to submit their input.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance, wherein they located underground utilities along Everett Drive and Heritage Court in preparation for the low-pressure main installation and they fixed a water leak on W. Hwy 80 that DOT ruptured while installing a street sign. Further, that the sewer department had one (1) grinder pump call, they trenched from the YMCA lift station to Sangrena Woods Subdivision, thanking Sanford Elton for clearing a 15' right-of-way which enabled the trenching and installation of 1150' of four (4) inch sewer pipe which took three (3) days to complete with no overtime. Councilman Brewton stated that the city pumped a total of 20,405,000 gallons of water during July, averaging 658,000 gallons per day and that the city purchased a total of 10,822,000 gallons of water from the City of Savannah, averaging 349,000 gallons per day.

RECREATION
Councilman Seay reported that 42 boys are participating in mini pee-wee football, with 24 participating in pee-wee football; that a new tumbling class has begun and that a new dance class will begin in September.

BUILDING/ZONING
Councilwoman Tyler reported that 7 new single family residential permits have been issued this month, totaling 158 for the year.

Councilman Cowart stated that he and Councilwoman Tyler recently attended a leadership institute held at the University of Georgia.

Mr. Baxter stated that he has been working for quite some time on plans for the widening of Rogers Street between the Hwy 80 pair and has just been notified that the state has agreed to fund 100% of the cost of this project.


Under OLD BUSINESS the following was discussed:

1. Approval of proposal for architectural design of new fire station
Mr. Baxter presented this proposal from Hussey, Gay, Bell & DeYoung Engineers for architectural and engineering services for the new fire station. Mr. Bill Lovett, of HGB&D, addressed Council, stating that this proposal is based on a budget of $500,000 for construction (including site preparation). After discussion, Councilman Wall made a motion, seconded by Councilwoman Tyler, to approve. Councilman Brewton, Councilman Bryan and Councilman Cowart opposed the motion, creating a tie. Mayor Carter voted in favor of the motion. Motion passed.

2. Second Reading on ordinance regarding hazardous material incident cost recovery
Councilman Wall presented this ordinance and made a motion to approve on Second Reading. Motion was seconded by Councilman Brewton and passed without opposition.


Mr. Craig Justice of Heyward Incorporated addressed Council with his concern about the proposals submitted for the membrane bioreactor system equipment for the wastewater treatment plant expansion project, asking for copies of the proposals. Mr. Justice questioned why the recommendation was not being submitted by Council. Mayor Carter stated that it was the general consensus of the Council that the city’s engineer was more qualified to make this recommendation and Mr. Lovett stated that HGB&D is taking on the responsibility for such.

Under NEW BUSINESS the following was discussed:

1. Request for zoning map amendment of 5.3 acres on Pine Barren Road owned by
John Downing, Jr.
A public hearing was held prior wherein Mr. Downing addressed Council with the possibility of rezoning this property to C-1 (light commercial) instead of his original request of C-2 (heavy commercial). At the request of the petitioner, Councilman Wall made a motion to table this item. Motion was seconded by Councilman Cowart and passed without opposition.

2. Request for zoning map amendment of 2.37 acres on Pine Barren Road owned byMarvin Strickland
Councilman Bryan stepped down from his council seat. A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler made a motion to approve this request. Motion was seconded by Councilman Wall and passed without opposition.
Councilman Bryan returned to his council seat.

3. Request for zoning map amendment of 824 acre Morgan Family Tract
A public hearing was held prior wherein no opposition was presented. A PUD review board meeting was also held on August 12th. Councilwoman Tyler presented this request to rezone the Morgan Family Tract from an “undefined” zoning to a PUD (Planned Unit Development) and made a motion to approve this rezoning, based on Planning & Zoning’s recommendation (item #9, regarding research facilities, listed under permitted uses in light industrial being moved to “conditional uses”). Motion was seconded by Councilman Brewton and passed without opposition.

4. Approval of amendment to Westbrook PUD Development Standards for Phases I, III and V
Councilwoman Tyler presented this amendment to the Westbrook PUD Development Standards for Phases I, III and V, stating that guest homes are being added as permitted uses in these phases. Councilman Brewton questioned how long guests were allowed to remain in these homes. Councilman Cowart stated that there would be no limit. After further discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed with Councilman Brewton opposing.

5. Approval of final plat for Godley Villages Northern Tract, Phase 3B
Councilwoman Tyler presented the final plat for Phase 3B of the Godley Villages Northern Tract, stating that the all items have been addressed and the bond has been approved. Motion was seconded by Councilman Wall and passed without opposition.
Mr. Terry Coleman of Kern-Coleman Engineering addressed Council, stating that the plat was actually for Phase 3-A. Councilman Wall made a motion to amend the previous motion to approve Phase 3-A instead of 3-B. Motion was seconded by Councilman Bryan and passed without opposition.

6. Approval of minor subdivision of Parcel 5A, a 42.43 acre portion of lands of International Paper Realty Corporation
Councilman Wall stepped down from his council seat. Mr. Baxter presented this minor subdivision of Parcel 5A, a 42.43 acre portion of lands of International Paper Realty Corporation. Councilman Cowart made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.
Councilman Wall returned to his council seat.

7. Approval to release maintenance bond for Stonewater Subdivision (Timberland Gap, Phase II)
Mr. Baxter presented this request to release the maintenance bond for Stonewater Subdivision, stating that all items have been addressed. Councilman Cowart made a motion to approve the release of the maintenance bond. Motion was seconded by Councilman Bryan and passed without opposition.

8. Approval of company name change on alcoholic beverage license for Westbrook Country Club
Councilman Brewton stepped down from his council seat. Mr. Baxter presented this request to change the name on the alcoholic beverage license from Westbrook Country Club, Inc. to Westbrook Country Club, LLC, stating that this change is for tax purposes and that ownership is not changing. Councilman Wall made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition. Councilman Brewton returned to his council seat.

9. Approval of Intergovernmental Agreement for the NPDES Stormwater Program
Mr. Baxter presented this agreement, as mandated by the state, recommending approval. Ms. Courtney Reich of the Metropolitan Planning Commission was present to answer any questions. After discussion, Councilman Cowart made a motion, seconded by Councilman Brewton, to approve. Motion passed without opposition.

Mayor Carter invited Council to the RDC’s annual meeting on Friday evening where the new president (himself) is being sworn in. Mayor Carter also invited everyone to the dedication of Joe Baker Park to be held September 7th.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:17 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 August 19, 2002. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this public hearing was to discuss:

1) A requested zoning map amendment of 5.3 acres on Pine Barren Road owned by John Downing, Jr. -
Mayor Carter stated that Mr. Downing has requested that his request be tabled, but that the public hearing would go on as scheduled, with the request for action being tabled. Mr. Downing presented his request to rezone this 5.3 acre tract from MH-2B (manufactured home) to C-2 (heavy commercial), stating that the land is triangular-shaped with 600' frontage on I-95 and approximately 600' frontage on Pine Barren Road, and that he is willing to amend his request to rezone the property to C-1 (light commercial) instead of C-2. Zoning Administrator Jackie Carver stated that because this tract is more than two (2) acres, this would not be able to be done. Mr. Downing asked for clarification of this matter. Mayor Carter asked Mr. Downing to contact Ms. Carver to obtain this information. Councilwoman Tyler stated that, if Mr. Downing was amending his request to a less restrictive zoning, it needed to go back before Planning & Zoning for their recommendation. Mr. Clem Burnsed, Sr. and Mr. Clem Burnsed, Jr., adjacent property owners, expressed their opposition of the request to rezone this property to heavy commercial.

2) A requested zoning map amendment of 2.37 areas on Pine Barren Road owned by Marvin Strickland -
Councilman Bryan stepped down from his council seat. Mr. Kent Strickland presented his father’s request to rezone their 2.37 acre tract on Pine Barren Road from I-2 (heavy industrial) to I-1 (light industrial) to allow them to build an office and warehouse for their business.
Councilman Bryan returned to his council seat.

3) A zoning map amendment of 824 acre Morgan Family Tract -
Jim Woods, representing the Morgan Family, presented this request to rezone the 824 acres currently zoned as “undefined” to a PUD (Planned Unit Development), stating that a PUD Review Board meeting was held on August 12th and that they have met with adjacent property owners to discuss this matter. Further, that the Coastal Georgia Regional Development Center, in response to the DRI submittal, has stated that this is the best use for this property. Councilwoman Tyler asked Mr. Woods to point out the distance between the industrial areas and residential areas, which is, at the least point, 450 feet apart. Mr. Woods stated that the buffer requirements in the PUD are 10', but that after meeting with the Corps of Engineers, they require 25 feet.

Mr. Russ Mitchell, adjacent property owner, asked whether or not this development would enable adjacent property owners to tie into water and sewer services. Mr. Baxter stated that the city works with the large developers to get water and sewer to their area and in turn requests that the lines be up-sized to accommodate future development.

There being no further business to discuss, the hearing was adjourned at approximately 6:10 p.m.

September 3, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
September 3, 2002

The regular meeting of the Pooler City Council was held on September 3, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. Councilman Stevie Wall 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 made by Councilman Bryan, seconded by Councilman Brewton, 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
Police Chief C. E. Chan reported that the police department recently hosted a meeting of the Governor’s Highway Safety Program last Thursday. Fire Chief Jimmy Fields reported that the department responded to 30 calls last month.

STREETS/DRAINAGE
Councilman Cowart reported that the street and drainage departments have performed routine maintenance.
Councilman Cowart made a motion to add Item #14 under New Business. Motion was seconded by Councilman Bryan and passed without opposiiton.

WATER/SEWER
Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that the valve has been turned on to re-direct the sewer line from Sangrena Woods Subdivision.

RECREATION
Councilman Seay reported that are approximately 90 boys participating in football, 120 girls participating in cheerleading and that the Rama is scheduled for September 21st.

BUILDING/ZONING
Councilwoman Tyler reported that 13 new single family residential permits were issued in August, totaling 164 for the year, with 956 inspections performed.

Mayor Carter read aloud a proclamation regarding September 11th and Councilman Cowart made a motion, seconded by Councilman Bryan, to adopt it. Motion passed unanimously.

Mr. Roger Allen, write-in candidate for the 7th District School Board seat, addressed Council with regards to his reasons for seeking this position.

Under OLD BUSINESS the following was discussed:

1. Request for zoning map amendment of 5.3 acres on Pine Barren Road owned by John Downing, Jr.
Mr. Downing has submitted a letter to Council asking for this item to be withdrawn without prejudice to his ability to reapply at some time in the future. Councilman Cowart made a motion to accept Mr. Downing’s request. Motion was seconded by Councilman Brewton and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of minor subdivision plat of a 3.025 acre portion of Tract B-2, a portion of International Paper Realty Corporation
Mayor Carter stepped down and Mayor Pro tem Cowart presided over this matter. Councilwoman Tyler presented this minor subdivision and made a motion, based on staff and Planning & Zoning’s recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition. Mayor Carter returned to his seat.

2. Approval of final plat for Westbrook Subdivision, Phase 3B-1
Councilwoman Tyler presented the final plat for Westbrook Subdivision, Phase 3B-1, stating that all comments have been addressed and made a motion, based on staff and Planning & Zoning’s recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of final plat for Westbrook Subdivision, Phase 3C-1
Councilwoman Tyler presented the final plat for Westbrook Subdivision, Phase 3C-1, stating that all comments have been addressed and made a motion, based on staff and Planning & Zoning’s recommendation, to approve. Motion was seconded by Councilman Seay and passed without opposition.

4. Approval of release of performance bond/acceptance of maintenance bond for Westbrook Subdivision, Phase 2 and 3A
Mr. Baxter presented this request to release the performance bond and accept the maintenance bond for Westbrook Subdivision, Phase 2 and 3A, stating that all comments have been addressed. After discussion, Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve, contingent upon the maintenance bond being approved by the city attorney. Motion passed without opposition.

5. Approval of release of maintenance bond for water/sewer improvements in Towne Center
Mr. Baxter presented this request to release the maintenance bond for the water and sewer improvements at Towne Center, stating that all comments have been addressed. Councilman Bryan made a motion to approve the release of the maintenance bond and accept the water and sewer improvements. Motion was seconded by Councilman Brewton and passed without opposition.

6. Approval of list of streets recommended for overlay under the State’s LocalAssistance Road Program
Councilman Cowart presented a list of streets to be recommended for overlay under the State’s Local Assistance Road Program and made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

7. Approval of alcoholic beverage license for Kaushal Patel at Grego’s BeverageWarehouse
Councilman Brewton stepped down from his council seat. Mr. Baxter presented this alcoholic beverage license application for Kaushal Patel at Grego’s Beverage, stating that it is due to a change in ownership. Councilwoman Tyler made a motion to approve this license. Motion was seconded by Councilman Bryan and passed without opposition. Councilman Brewton returned to his council seat.

8. Approval of letter of endorsement for proposed homeland defense legislation
Mayor Carter presented a draft letter of endorsement and proposed homeland defense legislation, stating that Congressman Jack Kingston plans to present it at the next Legislative Session. Further, that this legislation will allow more local control over disasters, whether natural or manmade. After discussion, Councilman Cowart made a motion to approve this letter of endorsement. Motion was seconded by Councilman Seay and passed without opposition.

9. Approval of refund to YMCA for cost of lift station
Councilman Bryan stated that the YMCA has spent over $463,000 in infrastructure costs, including the lift station and road, and asked for Council’s consideration in reimbursing them $108,000 (cost of the lift station). Mr. Scheer stated that it is a constitutional prohibition to give this money to the YMCA but that an exchange of services or material is acceptable. Councilman Bryan stated that the YMCA would like to use these funds to construct a “teen center” on their property. There was some discussion over the YMCA allowing Pooler teens to attend this center free of charge in exchange for the money being reimbursed. Mayor Carter suggested that there is a piece of land owned by the YMCA and fronting on the Pooler Parkway that could be exchanged for this money. Councilman Bryan stated that this is an ideal location for the new fire station but that it would require another curb cut on the Parkway. After further discussion, Councilman Seay made a motion to table this item. Motion was seconded by Councilwoman Tyler and passed with Councilman Bryan opposing.

10. Discussion concerning renewal of contract for funding of Trade Center
Mr. Patrick Shay, Director of the Savannah International Maritime Trade & Convention Center, addressed Council, stating that the city’s current contract for funding is due to expire on September 30th, and he asked the Council to continue to levy this tax (1 cent of the hotel/motel tax). Further, that he feels that if Pooler does not renew this contract, other municipalities will follow suit and the Trade Center will have to come up with alternatives for funding. Mayor Carter stated that he is in favor of this funding, but that he has a problem with the name of the Trade Center and would like to see more referrals for motels being sent to Pooler. Mr. Shay stated that he will make every effort to keep the Pooler Area Chamber of Commerce informed as to the scheduled events and board meetings. It was the general consensus of the Council that the City of Pooler was not seeing the benefits of the Trade Center. Councilman Brewton asked if a member of Council could be appointed to the board. After discussion, Councilman Brewton made a motion to renew the contract with the Trade Center for a period of one (1) year, with renewal negotiations taking place 120 days prior to the expiration date. Motion was seconded by Councilman Bryan and passed without opposition.

11. First Reading on ordinance regarding false alarms
Mr. Scheer presented this ordinance regarding the establishment of a false alarm service fee to reduce unnecessary use of police and fire department resources. Chief Chan stated that there is an increasing number of false alarm calls being responded to, due to malfunctioning equipment. After discussion, Councilman Cowart made a motion to approve this ordinance on First Reading. Motion was seconded by Councilman Bryan and passed without opposition.

12. First Reading on ordinance regarding operation of motorized carts on city streets
Mr. Scheer presented this ordinance regarding the operation of motorized carts (go-carts, four-wheelers, golf carts, scooters, etc) on city streets, stating that it would permit these carts on public streets and paved recreational paths to be driven by (1) those 16 years of age and older; (2) those persons who are under 15 years of age but not yet 16, accompanied by a licensed person at least 18 years of age; and (3) those persons under age 12 when accompanied by a parent or legal guardian. Further, that no one under age 12 will be permitted to drive these carts on city streets or paved recreational areas. After discussion, Councilman Cowart made a motion to approve this ordinance on First Reading. Motion was seconded by Councilwoman Tyler and passed without opposition.

13. First Reading on amendment to ordinance regarding temporary/special event permits to serve alcoholic beverages
Councilman Brewton stepped down from his council seat. Mr. Scheer presented this amendment to the ordinance regarding the issuance of temporary/special event permits to serve alcoholic beverages during functions sponsored by non-profit organizations and at private parties which are held at a location that does not have an alcoholic beverage license on site. Chief Chan stated that the application for the temporary/special event permits will be processed in the same manner as the regular alcoholic beverage licenses and that the events will not be allowed on Sundays. After discussion, Councilman Cowart made a motion, seconded by Councilman Bryan, to approve this amendment on First Reading. Motion passed without opposition. Councilman Brewton returned to his council seat.

14. Discussion regarding resolution for development and maintenance of a road at Pine Barren Road and Pine Meadow Road
Councilman Cowart presented this request from the Department of Transportation regarding a road they will pay for and construct to serve the “mega” site at the property in the northeast quadrant of I-16 and Dean Forest Road. This request is for a maintenance resolution to be approved for the city to accept the road for maintenance, provide utility accommodation and for the road to be part of the city’s local road system upon completion of the work by the DOT. Councilman Cowart made a motion to approve this resolution. Motion was seconded by Councilman Seay and passed without opposition.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:45 p.m. Motion was seconded by Councilman Brewton and passed without opposition.

September 16, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
September 16, 2002

The regular meeting of the Pooler City Council was held on September 16, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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. Councilman Bryan requested that Item #1 under Old Business be moved to the foot of the agenda.

PUBLIC SAFETY

Councilman Wall reported on the community service program, gave the police and fire reports and presented a letter commending Officer Debbie Cameron. Major Mark Revenew thanked Wal-Mart for a donation of $500 to the police department. Fire Chief Fields also thanked Wal-Mart for a donation of $500 to the fire department and thanked the area churches for the memorial services held on September 11th. Councilwoman Tyler stated that the fire department has received $20,000 from the Governor’s Discretionary Fund to be put toward the purchase of a new fire truck.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and that the problems at the traffic light at Highway 80 and Rogers Street would be alleviated once the widening of Rogers Street was completed. Further, that during the budget hearings, $75,000 was removed from the paving fund and put into the administrative contingency fund. This money is to be used when the city is approved by the state to receive matching funds, which the city will be applying for in the very near future, and at that time, these funds will be transferred back to the paving fund. Councilman Cowart also stated that he has found out that roads that are maintained by the city for a number of years become the city’s property and can be paved for public use.

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

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that all parameters have been met at the wastewater treatment plant.

RECREATION

Councilman Seay reported that the football rama is scheduled for Saturday and that the garage sale held last Saturday was a success.

BUILDING/ZONING

Councilwoman Tyler reported that 12 new single family residential permits have been issued this month, totaling 176 for the year.

Ms. Linda Stevens, representing the Georgia Counts Voter Education Program, presented the new touch screen voting system, stating that she would be available to demonstrate the machine.

Under OLD BUSINESS the following was discussed:

1. Discussion concerning refund to YMCA for cost of lift station

Councilman Bryan stated that, as discussed at the last meeting, the YMCA should be refunded the cost ($108,000) for the lift station which services their site. Mr. Scheer stated that it is a constitutional prohibition to give this money to the YMCA, but that an exchange of something of value may be considered. After discussion, Councilman Cowart made a motion to authorize Mr. Baxter to enter into negotiations with the YMCA for some type of service agreement to be brought back to Council for approval. Motion was seconded by Councilman Bryan and passed with Councilman Wall opposing.

2. Second Reading on ordinance regarding false alarms

Mr. Baxter presented this ordinance regarding false alarms responded to by the police and fire departments. Councilman Wall made a motion to approve on Second Reading. Motion was seconded by Councilman Cowart and passed without opposition.

3. Second Reading on ordinance regarding operation of motorized carts on city streets

Mr. Baxter presented this ordinance regarding operating motorized carts (go-carts, 4-wheelers, golf carts, etc.) on city streets and recreational paths. Councilwoman Tyler made a motion to approve on Second Reading. Motion was seconded by Councilman Wall and passed without opposition.

4. Second Reading on amendment to ordinance regarding temporary/special event permits to serve alcoholic beverages

Mr. Baxter presented this amendment to the ordinance to permit temporary/special events to serve alcoholic beverages for a maximum of two (2) days per permit. Councilman Bryan made a motion to approve this amendment on Second Reading. Motion was seconded by Councilman Wall and passed with Councilman Brewton abstaining.

Under NEW BUSINESS the following was discussed:

1. Adoption of millage rate for 2002

Mr. Baxter stated that the millage rate for 2002 has been approved by Chatham County. Councilman Bryan made a motion to adopt the rate at 3.91 mills. Motion was seconded by Councilman Cowart and passed without opposition.

2. Request for sign height variance for Ruby Tuesday’s

A public hearing was held prior wherein Council requested Mr. Barclay of Barnes Quality Signs to obtain approval from all parties involved with the restrictive covenants of this development. Councilwoman Tyler made a motion to table this item. Motion was seconded by Councilman Wall and passed without opposition.

3. Approval to subdivide 19.87 acres on E. Highway 80 for ADK Investments, LLC

Councilwoman Tyler presented this request to subdivide 19.87 acres on E. Highway 80 into two (2) parcels 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 recombination of 4.30 acres on W. Highway 80 owned by Coastal Bank

Councilwoman Tyler this recombination of 4.30 acres on W. Highway 80, owned by the Coastal Bank to allow them to retain the rear parcel to use for future growth and to sell the parcel fronting on Highway 80. 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.

5. Release of maintenance bond for Benton Boulevard

Mr. Baxter presented this request to release the maintenance bond for Benton Boulevard, stating that all comments have been addressed. Councilwoman Tyler made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

6. Approval of recombination of Lot 14 and the northern 30 feet of Lot 15, Sangrena East Subdivision, Phase One

Mr. Baxter presented this recombination of Lot 14 and the northern 30 feet of Lot 15 in Sangrena East Subdivision, Phase One, stating that it is to be set aside for a timber easement, with 15' provided for a utility easement for the re-directed sewer main for Sangrena. Councilman Cowart made a motion to approve this recombination. Motion was seconded by Councilman Wall and passed without opposition.

7. Approval to relocate two (2) office trailers at Savannah Quarters

Mr. Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers, representing the developer, presented this request to relocate two (2) temporary office trailers from Guilford Place to the commercial area in Savannah Quarters to be used for administrative offices. After discussion, Councilman Wall made a motion to approve the relocation of these two (2) office trailers for a period not to exceed one (1) year. Motion was seconded by Councilman Seay and passed without opposition.

8. Release of performance bond/acceptance of maintenance bond for Benton Blvd.
Mr. Baxter presented this request to release the performance bond and accept the maintenance bond for the Benton Boulevard Add Lanes, stating that all comments have been addressed and that the bond has been approved by the city attorney. Councilman Bryan made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

9. First Reading on amendment to sign ordinance

Mr. Tim Inglis, Public Works Director, presented this amendment to the sign ordinance stating that it allows for message boards that do not scroll up, across or change at less than five (5) second intervals and that flashing or intermittent lights will not be permitted. Councilman Wall made a motion to approve this amendment on First Reading. Motion was seconded by Councilman Bryan and passed without opposition.

10. Discussion concerning street sweeper

Councilman Cowart stated that during the budget hearings last year, the funds for purchasing a street sweeper and the personnel to operate it were pulled out of the budget. Since that time, he has received an estimate of the cost to lease a sweeper and operate it, which he believes will save the city money in the long run and enable this equipment to be used as often as needed. Councilman Cowart asked for Council’s input and stated that he would place this item for approval at the next meeting.

Councilman Seay made a motion to adjourn to Executive Session at approximately 7:01 p.m. to discuss legal and personnel matters. Motion was seconded by Councilman Brewton and passed without opposition.

Mayor Carter called the meeting back to order at 8:10 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:11 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

Public Hearing

A public hearing was held on September 16, 2002, prior to the regular City Council meeting. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this public hearing was to discuss a requested sign height variance for Ruby Tuesday’s at I-95 and Pooler Parkway. Mayor Carter stated that according to Section 66-6 of the City’s sign ordinance, signs are limited to 30' above the grade level of the adjacent street to which the parcel on which the sign is located. Mr. Clay Barclay of Barnes Quality Signs, representing Ruby Tuesday, Inc., presented this request to place a 50' pylon sign at I-95 and Pooler Parkway. The original request was for a 60' pylon sign, but they are willing to settle for a 50' sign, based on Planning & Zoning’s recommendation. Mr. Barclay stated that due to the low land, a 30' sign would be useless, due to it not being visible to traffic on the interstate. After discussion, it was determined that Mr. Barclay had not received approval from all parties in the development with regards to the restrictive covenants, and Council requested that this be done prior to this request being approved.

There being no further business, this hearing was adjourned at approximately 5:59pm.

October 7, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
October 7, 2002

The regular meeting of the Pooler City Council was held on October 7, 2002. Mayor Buddy Carter called the meeting to order at 6:15 p.m. (delayed due to the public hearing held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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 and reported that the police department has been awarded a $5000.00 grant to purchase bullet-proof vests. Councilwoman Tyler stated that this is “Fire Prevention Week” and that the fire department has been awarded a $5000.00 grant.

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that all parameters have been met at the wastewater treatment plant.

RECREATION

Councilman Seay reported that the first home football game will be Thursday, with the homecoming parade scheduled for Saturday at 10:00 a.m, and that the National Guard has approved the city’s request to clear the land for the new recreation park to be located on land off the Pooler Parkway. Councilman Bryan thanked City Manager Dennis Baxter, City Clerk Maribeth Lindler and City Attorney Steve Scheer for their assistance.

PERSONNEL

Councilman Seay presented Council with a proposed pay increase for certain employees, stating that there is an excess of $87,000 in the salary accounts, due mainly in part to the growth in the public works department. These raises include those who have been employed at least one (1) year (hired in 2000 to 2001) receive 45 cents per hour; those who have been hired from 1995 to 1999 receive 50 cents per hour; and those who were hired prior to 1995 receive 55 cents per hour. Councilman Wall stated that the minimum wage for hourly employees should be increased to $9.00 an hour, in an effort to remain competitive with the job market. After discussion, Councilman Seay made a motion to approve these pay increases. Motion was seconded by Councilman Brewton and passed with Councilman Wall opposing.

BUILDING/ZONING

Councilwoman Tyler reported that 26 new single family residential permits were issued in September, totaling 196 for the year, with 574 inspections performed and reported that Planning & Zoning has elected a new chairperson, Ms. Debbie Ryan-Watts. Further, that a PUD Review Board meeting has been scheduled for October 14th at 5:00 p.m. to discuss the Shoppes at Godley Station.

Mayor Carter presented certificates to Councilwoman Billie Tyler and Councilman Travis Cowart in recognition of their attending the Georgia Municipal Association’s Leadership Institute.

Mayor Carter read aloud a proclamation regarding October 8 - 14th as being “Mighty Eighth Air Force Week”.

Mayor Carter welcomed State Senator Eric Johnson to the meeting.

Under OLD BUSINESS the following was discussed:

1. Request for sign height variance for Ruby Tuesday’s

Mayor Carter stated that the petitioner has requested that this item be tabled. Councilman Cowart made a motion, seconded by Councilman Bryan, to table this item. Motion passed without opposition.

2. Discussion concerning refund to YMCA for cost of lift station

Mr. Baxter presented information regarding the pro-rated share of the cost for the lift station at the YMCA, stating that after calculating their portion, the city needed to reimburse $64,800 out of the water and sewer fund. Mr. Baxter also stated that the YMCA has requested the city to pay $45,000 for the new road right-of-way through their property to the city’s property (the proposed site for the new recreation park). Mayor Carter stated that in the “Memorandum of Understanding” between the city and the YMCA, there is a provision that this right-of-way will be given to the city, but that this matter has not yet been finalized. Councilman Wall expressed his concern over the YMCA wanting $45,000 for this right-of-way if indeed it is to be given to the city, and stated that he thinks the city should not reimburse the money for the lift station until after the dispute over the right-of-way is settled. After discussion, Councilman Cowart made a motion to approve the reimbursement of the pro-rated share of the cost of the lift station to the YMCA. Motion was seconded by Councilman Bryan and passed with Councilman Wall opposing.

3. Second Reading on amendment to sign ordinance

Mr. Baxter presented this amendment to the sign ordinance regarding message boards. Councilwoman Tyler made a motion to approve on Second Reading. Motion was seconded by Councilman Wall and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for a front setback variance at 324 Garden Acres Way

A public hearing was held prior. Richard and Constance Payton have requested an 11'3" front setback variance to allow a carport to remain on their property. Mr. Payton stated during the public hearing that it is not feasible to place this structure in his back yard. Councilman Wall stated that in the past the city has made residents remove their carports when they were constructed in the front setback. After discussion, Councilman Brewton made a motion to approve this request for a variance, based on it meeting the first two (2) standards in the criteria for granting a variance. Motion was seconded by Councilman Bryan and passed with Councilwoman Tyler and Councilman Wall opposing.

2. Approval of revised plat for Bridgewater Subdivision, Phase III

Mr. Baxter presented the revised plat for Phase III of Bridgewater Subdivision, stating that it was necessary to correct the lines and curves on the plat. Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of revised plat for Westbrook Subdivision, Phase 3B-1

Mr. Baxter presented the revised plat for Phase 3B-1 of Westbrook Subdivision, stating that is was necessary to show the flood zone line. Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

4. Approval of recombination of Lot 8 and Lot 8A on E. Whatley Street

Mr. Baxter presented this recombination of Lot 8 and Lot 8A of E. Whatley Street to allow the owner to build an addition and meet setback requirements. Councilman Wall made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

5. Approval of recombination of Lot B and Lot B1 of the Galin Tract

Mr. Baxter presented this recombination of Lot B and Lot B1 of the Galin Tract, stating that it is necessary for marketing reasons to increase the size of Lot B1. After discussion, Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

6. Approval of change order for Southside Water & Sewer project

Mr. Baxter presented this change order for the Southside Water & Sewer project totaling $184,894.18 for additional work required by the city, stating that it will be paid for through the GEFA loan (by the developers). After discussion, Councilman Wall made a motion, seconded by Councilman Bryan, to approve this change order. Motion passed without opposition.

7. Approval of application/resolution for State Revolving Fund Loan for wastewater treatment plant expansion

Mr. Baxter presented the application and resolution for the State Revolving Fund Loan for the wastewater treatment plant expansion project. Mr. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers was present to answer any questions. After discussion, Councilman Cowart made a motion, seconded by Councilman Wall, to approve the application and resolution. Motion passed without opposition.

8. Approval of Right of Way Agreement with DOT regarding Rogers Street widening project

Mr. Baxter presented this agreement with the Department of Transportation regarding the Rogers Street widening project and Councilman Wall made a motion to approve. Motion was seconded by Councilman Bryan and passed without opposition.

9. Approve purchase of street sweeper

Mr. Baxter stated that there was a discrepancy with the information submitted regarding the bids and therefore, requested that a budget amount in the amount of $120,000 be approved, transferring these funds from the general fund contingency fund into the capital outlay fund for the street department. Councilman Bryan made a motion to approve this budget adjustment. Motion was seconded by Councilman Cowart and passed without opposition.

10. Ms. Anne Smith in regards to the upcoming “Flying Pig Festival”

The “Flying Pig”, a.k.a. Ms. Anne Smith, addressed Council with regards to the upcoming “Flying Pig Festival” to be held this Thursday through Sunday and requested the permit fee to be waived and off-duty police assistance. This request was honored.

11. Discussion concerning purchase of new fire truck/plans for new fire station

Eric Johnson of Hussey, Gay, Bell & DeYoung presented a sketch of the proposed fire station for information only and requested Council to decide on the site where it is to be located.

Councilman Wall stated that Fire Chief Jimmy Fields will be submitting three (3) bids for the purchase of a new fire truck at a later date.

Councilman Wall made a motion to add Item #12. Motion was seconded by Councilman Cowart and passed without opposition.

12. Discussion concerning Forest Lake Subdivision, Phase I

Mr. Terry Coleman of Kern-Coleman Engineers, presented a request on behalf of the developer of Forest Lake Subdivision, to substitute corrugated metal for reinforced concrete for the three (3) 60" pipes that are required in the large ditch in this private subdivision. Mr. Coleman stated that the roads will be private and maintained by the homeowner’s association. Mr. Lovett stated that he does not recommend this substitution, based on the fact that several years from now, the homeowner’s association may request the city to accept these roads if they cannot maintain them. Further, that the city would then be faced with maintaining roads that were not constructed to the city’s standards. After discussion, Councilwoman Tyler made a motion to deny this request. Motion was seconded by Councilman Bryan and passed with Councilman Brewton opposing.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:08 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

Public Hearing

A public hearing was held on October 7, 2002, prior to the regular City Council meeting. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilman Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss a requested front setback variance at 324 Garden Acres Way. Richard and Constance Payton presented this request for an 11'3" front setback variance for a carport they have already constructed that is within the 30' front setback. Mr. Payton stated that in order to move the carport to the backyard, he would have to move a dog run, cut a large tree and remove 13 years worth of landscaping. Mayor Carter questioned if this carport required a building permit. Mr. Tim Inglis, Chief Building Inspector, stated that it does not, therefore, the resident was unaware of the setback requirements. James and Ginny Barratta, who live nearby, stated that they were in favor of this request and asked the city to check into other properties that were in violation of the city’s ordinances (i.e., derelict vehicles, overgrown grass/weeds). Mr. Scott Klar, resident of Garden Acre Subdivision, stated his opposition of this request, based on the appearance of this type of structure and the fact that the city has made other residents remove carports when they were constructed in violation of the city’s setback requirements.

There being no further business to discuss, the hearing was adjourned at approximately 6:10pm.

October 21, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
October 21, 2002

The regular meeting of the Pooler City Council was held on October 21, 2002. Mayor Buddy Carter called the meeting to order at 6:20 p.m. (delayed due to the public hearing held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The invocation was given by Mayor Carter 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 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 Wall and passed without opposition.

PUBLIC SAFETY

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

Councilman Wall made a motion to add Item #1 under Old Business. Motion was seconded by Councilman Bryan and passed without opposition.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance, commending the crews for their hard work and stated that the drainage department would soon be identifying the major outfall ditches to be re-worked with Special Purpose Local Option Sales Tax money.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that all parameters at the wastewater treatment plant have been met.

RECREATION

Councilman Seay reported that the “homecoming” games were held last Thursday; that teams would be participating in the Rebel Bowl activities in November and that basketball signups begin November 1st.

PERSONNEL

Councilman Seay stated that City Planner Tim Inglis has resigned his position with the city to take one elsewhere.

BUILDING/ZONING

Councilwoman Tyler reported that 16 new single family residential permits have been issued, totaling 206 for the year and that there is a vacancy on the Planning & Zoning Board. Councilwoman Tyler made a motion to appoint Mr. Charles Archer to the Board. Motion was seconded by Councilman Wall and passed without opposition.

Mayor Carter presented a plaque to outgoing Planning & Zoning Chairman Holly Young, thanking her for her service.

Mayor Carter welcomed Hugh Golson, candidate for Savannah-Chatham County School Board President. Mr. Golson addressed Council regarding his candidacy.

Mayor Carter welcomed David Wegmann, 7th District School Board Representative to the meeting. Mr. Wegmann thanked Council for placing a school crossing on Pine Barren Road near Bridgewater Subdivision and asked for their support in his upcoming bid for re-election.

Under OLD BUSINESS the following was discussed:

1. Award bid for purchase of new fire truck

Councilman Wall presented three (3) bids for a new 2000 gpm Class A Rescue Pumper and after discussion, made a motion to award the bid to Emergency-One in the amount of $274,640.00. Motion was seconded by Councilman Cowart and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request to expand conditional use at 224 E. Highway 80

Councilman Bryan stepped down from his council seat. A public hearing was held prior wherein Mr. Scheer recommended that a zoning text amendment be considered rather than requesting a conditional use . Councilman Wall made a motion to table this item. Motion was seconded by Councilman Cowart and passed without opposition. Councilman Bryan returned to his seat.

2. Request for zoning map amendment of 180 acres located south of Pipemaker’s Canal, west of I-95 and east of Benton Drive from R-1A to C-2

A public hearing was held prior wherein several residents expressed their opposition of this rezoning request. At the request of the petitioner, Councilwoman Tyler made a motion to table this request until December 2, 2002. Motion was seconded by Councilman Cowart and passed without opposition.

3. Request for zoning map amendment of 4.299 acres on east side of N. Morgan Street from R-1A to C-2

A public hearing was held prior wherein the residents concerns over the previous item were considered to be the same for this request. Councilwoman Tyler made a motion to table this request until December 2, 2002. Motion was seconded by Councilman Cowart and passed without opposition.

4. Approval of site plan for new warehouse at Savannah Steel

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

5. Approval of site plan for The Shoppes at Godley Station

Councilwoman Tyler presented this site plan and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

6. Approval of major subdivision of five (5) tracts on Dean Forest Road owned by Albert M. Wall

Councilwoman Tyler presented this major subdivision of five (5) tracts on Dean Forest Road and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Seay and passed without opposition.

7. Approval of minor subdivision of Out-Parcel 3 of Mill Creek Center

Councilwoman Tyler presented this minor subdivision of Out-Parcel 3 of Mill Creek Center and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

8. Approval of site plan for new building at 108 E. Highway 80

Councilwoman Tyler presented the site plan for a new building at 108 E. Highway 80. Ms. Vera Lamb plans to demolish the existing building and build a 19' x 29' building with adequate parking, which has been an on-going problem because of the size of the lot and the building’s limited distance to Highway 80. After discussion, Councilman Wall made a motion, seconded by Councilman Brewton, to approve this site plan, contingent upon the engineer’s comments being addressed, including all permits required by the Department of Transportation. Motion passed without opposition.

9. Award bid for modification of pump stations and force main/purchase of generator for wastewater treatment plant

Mr. Baxter presented bids for the modification of pump stations and force main, noting the low bidder, Southern Champion Construction Company, in the amount of $479,507.00, and the estimated cost ($20,000) of the generator needed to complete this project . Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers was present and stated that this project is for the re-direction of the sewer line to enable the city to discontinue using the City of Savannah’s treatment plant. After discussion, Councilman Wall made a motion, seconded by Councilwoman Tyler, to award this bid to Southern Champion Construction Company and approve the purchase of a generator. Motion passed without opposition.

10. Approval of Certificate of Distribution/Agreement/Resolution regarding Local Option Sales Tax

Mr. Baxter presented the Certificate of Distribution for the Local Option Sales Tax, the Agreement between the municipalities and a resolution regarding the renegotiation of the division of the taxes between the municipalities to take place in five (5) years to reapportion that division based on population shifts and the eight (8) criteria of the law. Councilman Wall made a motion to approve the Certificate of Distribution, Agreement and Resolution regarding Local Option Sales Tax. Motion was seconded by Councilman Seay and passed without opposition.

11. Discussion concerning lighting of I-95/I-16 interchange

Mayor Carter stated that he has been approached by the Savannah Area Chamber of Commerce and Chatham County as to whether or not the City of Pooler is willing to participate in the cost of electricity for lighting this interchange. Mayor Carter stated that 3/4 of this interchange is in Pooler, but that he recommends the cost be divided into three (3) equal portions between the City of Savannah, Chatham County and Pooler. It was the general consensus of the Council that they were willing to share in this cost.

12. Discussion concerning sketch of welcome center at Joe Baker Park

Mayor Carter presented a sketch of a proposed welcome center at Joe Baker Park, asking for Council’s input on what type of structure they would like to place there, either an actual welcome center, a pavillion, both, or none at all. Mayor Carter stated that the building would pay for itself in the long run, with rent being paid by the Chamber.

Police Chief C. E. Chan asked Council to consider adding Item #13 regarding an alcoholic beverage license for Mahendra Patel at Grego’s Beverage Warehouse, stating that the State has denied the previous owner’s permit, due to the applicant not meeting residency requirements. Therefore, the business has been closed down for approximately three (3) weeks. Chief Chan further stated that the applicant submitted his request last week and that he did not receive information pertinent to his recommending approval until late in the day. Mr. Scheer expressed his concern over adding items to the agenda and recommended that this be request be placed on the next meeting’s agenda.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:42 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 21, 2002. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this public hearing was to discuss:

1) A request to expand a conditional use at 224 E. Highway 80 - The manager of Castrol Car Care Center presented this request to expand the conditional use as a car care center to include “car detailing”, stating that, at the request of Planning & Zoning, he has determined that there are 22 parking spaces in the front of the building and 25 in the back. Councilman Cowart questioned where the water run-off would be going, stating that the solvents used in car detailing would not be permitted to be discharged into the city’s stormwater basins. Mayor Carter questioned why a conditional use was needed and Zoning Administrator Jackie Carter stated that in the past, car washes have been permitted along with service centers. Mayor Carter questioned if the city should permit two (2) conditional uses for one (1) property and Mr. Scheer recommended that a zoning text amendment was the correct way to handle this matter.

2) A requested zoning map amendment of 180 acres located south of Pipemaker’s Canal, west of I-95 and east of Benton Drive - Mayor Carter presented this request from Ms. Rebecca Benton, owner, to rezone 180 acres from R-1A (single-family residential) to C-2 (heavy commercial). Attorney Harold Yellin, representing Ms. Benton, requested that this item be tabled until December 2, 2002, to allow his client to explore some issues, such as alternative routes to this property and to look at other zoning classifications. Mayor Carter stated that he was not opposed to tabling this item during the regular meeting, but that there were several residents present at this meeting that deserved the opportunity to speak, therefore, the public hearing would still take place. Mayor Carter informed the residents that the petitioner’s request to table this item would be honored and that anyone who wished to speak on this item could do so. Mr. Howard App, resident of Cullen Drive, expressed his concern about the alternative zoning classifications the petitioner is looking into as well as access to this property, and most importantly, what will happen during the time between now and December 2nd. Mr. Don Clark, resident of First Street, expressed his concern about what type of commercial uses are permitted, the traffic created by this and the drainage in the area, stating that the Pipemaker’s Canal reaches much higher levels than he is comfortable with after a heavy rain. Mr. Jerry Hillis, resident of Morgan Street, stated that he would like to see this matter settled tonight and not be put off until December, expressing his concern that the residents will not be properly informed of what is going to be requested. Mayor Carter assured the residents that if there is any change to the requested rezoning, the process would begin again and they would be duly notified. Mr. Yellin stated that he is aware of this process. Councilman Bryan stated that the city should not allow residential streets to be used for commercial access.

3) A requested zoning map amendment of 4.299 acres on the east side of N. Morgan Street - Mayor Carter presented this request from Charles Huss, owner, to rezone 4.299 acres from R-1A (single family residential) to C-2 (heavy commercial). The petitioner was not present. Mayor Carter asked for input from the residents and Mr. Hillis asked that the same concerns be considered for this request as were in the previous request.

There being no further business to discuss, the hearing was adjourned at approximately 6:10 p.m.

November 4, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
November 4, 2002

The regular meeting of the Pooler City Council was held on November 4, 2002. Mayor Buddy Carter called the meeting to order at 6:25 p.m. (delayed due to the public hearing held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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 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 gave the fire and police reports. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers addressed Council regarding problems with the location of the new fire station. Mr. Lovett stated that the original site on Pooler Parkway was not feasible, due to there not being enough room to place acceleration/deceleration lanes, but that his firm was not ready to make a recommendation on the site.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and thanked Mayor Carter for sponsoring the recent “town meeting” at the West Chatham Middle School.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that a 10" water main was ruptured by a contractor on E. Highway 80 last week. Mr. Baxter stated that the contractor would be billed for the damages.

RECREATION

Councilman Seay reported that the regular football season ends on the 14th, with the Rebel Bowl activities beginning on the 16th.

PERSONNEL

Councilman Seay reported that the city employee’s personnel policy is being updated and that he will bring it to Council for approval.

BUILDING/ZONING

Councilwoman Tyler reported that 19 new single family residential permits were issued in October, totaling 209 for the year, with 634 inspections performed and stated that next Monday is a holiday in observance of Veteran’s Day, but Planning & Zoning would still be meeting.

Dr. Patricia Stringer, candidate for Savannah-Chatham County School Board President, addressed Council in regards to her candidacy.

Mayor Carter welcomed David Wegmann, 7th District School Board Representative incumbent, to the meeting.

Mr. Roger Allen, write-in candidate for 7th District School Board Representative, addressed Council in regards to his candidacy.

Ms. Linda Cramer, President, Georgia Government Finance Officers Association, presented a Certificate of Achievement of Excellence in Financial Reporting to Linda Smith, Finance Officer, Stacey Inglis, Assistant Finance Officer and Connie Ellis, Purchasing Agent.

Under OLD BUSINESS the following was discussed:

1. Request for sign height variance at Ruby Tuesday’s

Mr. Clay Barclay of Barnes Quality Signs presented this request which was tabled in order to allow him to receive approval from all parties involved in the restrictive covenants in the development to place a 50' sign at I-95 and Pooler Parkway. Mr. Barclay stated that he has approval from the Zaremba Group to install a 35' sign, therefore, the variance would only be for five (5) feet. After discussion, Councilman Bryan made a motion to approve this sign variance to allow a 35' sign to be placed on I-95 at Pooler Parkway. Motion was seconded by Councilman Wall and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of alcoholic beverage license for Mahendra Patel at Grego’s Beverage Warehouse

Councilman Brewton stepped down from his council seat. Mr. Baxter presented this application for an alcoholic beverage license for Mahendra Patel for Grego’s Beverage Warehouse, stating that the previous owner was unable to obtain a State license, due to residency requirements and that Chief Chan has recommended approval. Councilman Wall recommended that the city’s ordinance be amended so as to require package shop owners to live within the county or city. After discussion, Councilman Wall made a motion to approve this alcoholic beverage license. Motion was seconded by Councilwoman Tyler and passed without opposition.

2. Approval of alcoholic beverage license for Mahesh Desai at Comfort Inn & Suites

Mr. Baxter presented this application for an alcoholic beverage license for Mahesh Desai, of Vimal Enterprises, L.P. d/b/a Comfort Inn & Suites, stating that Chief Chan has determined that there is no criminal history on Mr. Desai, but that he owes the city $12,156.10 for hotel/motel taxes that were not collected while the motel was under a previous owner. Mr. Desai stated that he has been trying to contact the previous owner, but has been unsuccessful in his attempts to collect these taxes. Mr. Scheer stated that the subsequent owner assumes all debt at his risk and, therefore, is responsible for these back taxes owed the city. Chief Chan stated that Mr. Desai obtained an alcoholic beverage license a few years ago from the city, but that he never applied for a State license, and, subsequently, the city’s license was not renewed for 2002. Further, that this resulted in the city amending the alcoholic beverage ordinance to allow “special permits” to serve alcohol. After discussion, Councilman Cowart made a motion to deny this alcoholic beverage license until Vimal Enterprises d/b/a Comfort Inn & Suites shows more responsibility by abiding by the rules of this community. Motion was seconded by Councilman Bryan and passed without opposition. Councilman Brewton returned to his seat.

3. Request for setback variances on six (6) tracts of land owned by A. M. Wall located on Pine Meadow Drive and the west side of Dean Forest Road

A public hearing was held prior wherein no opposition was presented and there was discussion over the city’s setback requirements being excessive. Councilwoman Tyler presented this request for setback variances on six (6) different tracts of land located on the west side of Dean Forest Road and both sides of Pine Meadow Drive. Attorney Harold Yellin, representing the owner, addressed Council stating that because most of the tracts are irregular shaped, it would be difficult to develop them with such restrictive setbacks and that granting these variances would not cause substantial detriment to the public good. Mr. Wall reiterated the fact that these properties are irregular shaped because of the Georgia Port Authority threatening condemnation and asked for Council’s consideration of his original variance request of 40 feet on Dean Forest Road. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve the variances with the following exceptions: Tracts 2, 3, 4 and 6 will maintain an 80' front building setback along Dean Forest Road and a 40' building setback will be maintained along the Savannah Ogeechee Canal within Tracts 5 and 6. Motion was seconded by Councilman Brewton. Councilman Bryan, Councilman Cowart and Councilman Seay voted in opposition of the motion, creating a tie. Mayor Carter voted in opposition of the motion. Councilman Wall then made a motion to approve the setback variances, allowing Tracts 2, 3, 4 and 6 to maintain a 50' front building setback along Dean Forest Road and a 40' building setback for Tracts 5 and 6 along the Savannah Ogeechee Canal. Motion was seconded by Councilman Cowart and passed with Councilwoman Tyler opposing.

4. Request for zoning map amendment of 59.21 acres on north side of Highway 80

Councilman Bryan stepped down from his council seat. A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from 2195 Developers, Inc. to rezone 59.21 acres on the north side of Highway 80 from C-2 (heavy commercial) to I-1 (light commercial), stating that the frontage along Highway 80 to a depth of 800 feet will remain C-2 and that the area proposed for industrial zoning is located behind the heavy commercial zone extending northward to the Central of Georgia Railroad. Further, that the main access to the light industrial zone will be from Coleman Boulevard. Councilman Wall expressed his concern over the industrial lots being accessed through the commercial area and stated that this would be discussed at the time the master plan is presented. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

Councilman Bryan returned to his council seat.

5. Approval of site plan for Cancun Mexican Restaurant

Councilwoman Tyler presented the site plan for Cancun Mexican Restaurant to be located at the Pooler Park of Commerce on Pooler Parkway and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Seay and passed without opposition.

6. Approval of final plat of Westbrook Subdivision, Phase 3D

Councilwoman Tyler presented the final plat for Westbrook Subdivision, Phase 3D and made a motion, based on Planning & Zoning and staff recommendation, to approve, contingent upon the bond being approved by the city attorney. Motion was seconded by Councilman Cowart and passed without opposition.

7. Approval of final plat of Westbrook Subdivision, Phase 3C-2

Councilwoman Tyler presented the final plat of Westbrook Subdivision, Phase 3C-2 and made a motion, based on Planning & Zoning and staff recommendation, to approve, contingent upon the bond being approved by the city attorney. Motion was seconded by Councilman Bryan and passed without opposition.

8. Approval of final plat of Westbrook Subdivision, Phase 3B-2

Councilwoman Tyler presented the final plat of Westbrook Subdivision, Phase 3B-2 and made a motion, based on Planning & Zoning and staff recommendation, to approve, contingent upon the bond being approved by the city attorney. Motion was seconded by Councilman Bryan and passed without opposition.

9. Approval of preliminary construction plan for The Villages at Godley Station, Northern Tract, Phase 2

Councilwoman Tyler presented the preliminary construction plan for The Villages at Godley Station, Northern Tract, Phase 2, stating that all engineer’s comments have been addressed, and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition. Councilman Wall stated that the developer was notified that additional amenities were needed for this development. Terry Coleman of Kern-Coleman & Company Engineers stated that he was certain the developer was aware of this information.

10. Award bid for fabric forming the Benton Canal

Councilman Cowart presented bids for the project of fabric forming the Benton Canal and made a motion to award the bid to the low bidder, Tri-State Consulting, Inc. in the amount of $224,000, with the funds coming from Special Purpose Local Option Sales Tax to pay for this project. Motion was seconded by Councilman Bryan and passed without opposition.

11. Request from Rape Crisis Center for funding

Mr. Baxter presented this request from the Rape Crisis Center for funding in the amount of $1000, stating that the city has approved this funding for several years now. Councilman Wall made a motion, seconded by Councilman Bryan, to approve. Motion passed without opposition.

12. Resolution regarding GEFA loan

Mr. Baxter presented this resolution regarding the 200 Georgia Environmental Facilities Authority loan, stating that the resolution adopted in August of this year was not in the proper format as requested by GEFA, therefore he recommended this one be approved. Mr. Lovett of HGB&D stated that as of July 1st of this year, the State is requiring all payments to be made electronically. Councilman Wall made a motion, seconded by Councilman Bryan, to approve this resolution. Motion passed without opposition.

Councilman Cowart made a motion to adjourn to Executive Session at approximately 7:45 p.m. to discuss legal matters. Motion was seconded by Councilman Brewton and passed without opposition.

Mayor Carter called the meeting back to order at 8:00 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:01p.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 November 4, 2002. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss:

1) A requested setback variances on six (6) tracts of land owned by A. M. Wall located on Pine Meadow Drive and west side of Dean Forest Road - Attorney Harold Yellin and Mr. Burke Wall, owner, presented this request for setback variances on six (6) different tracts of land located on the west side of Dean Forest Road and both sides of Pine Meadow Drive. The original front setback requests were to be decreased from 80' to 40', and the side and rear setbacks were to be decreased from 40' to 20'. The Planning & Zoning Board has recommended approval of these setback variances with the following exceptions: Tracts 2, 3, 4 and 6 will maintain an 80' front building setback along Dean Forest Road and a 40' building setback will be maintained along the Savannah Ogeechee Canal within Tracts 5 and 6. Attorney Yellin stated that because most of the tracts are irregular shaped, it would be difficult to develop them with such restrictive setbacks and that granting these variances would not cause substantial detriment to the public good. Further, that the City of Pooler’s setback requirements are much more restrictive than the surrounding municipalities and Chatham County. Mr. Wall stated that the reason for the irregular shaped lots was due to the Georgia Port Authority threatening condemnation of this land and expressed his concern over the excessive setback requirements and asked the Council to consider a less restrictive setback for the lots that front on Dean Forest Road.

2) A requested zoning map amendment of 59.21 acres located on the north side of Highway 80 - Mark Crapse of Kern-Coleman & Company presented this request from 2195 Developers, Inc. to rezone 59.21 acres on the north side of Highway 80 from C-2 (heavy commercial) to I-1 (light commercial), stating that the frontage along Highway 80 to a depth of 800 feet will remain C-2 and that the area proposed for industrial zoning is located behind the heavy commercial zone extending northward to the Central of Georgia Railroad. Further, that the main access to the light industrial zone will be from Coleman Boulevard. Councilman Wall questioned whether a frontage road was planned for this development. Mr. Crapse stated that there is one proposed at the rear of the lots. Councilman Wall expressed his concern over the fact that there will be problems with accessing the industrial lots through the commercial area and that this would be addressed when the master plan is submitted.

November 18, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
November 18, 2002 

The regular meeting of the Pooler City Council was held on November 18, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The invocation was given by Mayor Carter 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 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 and presented a letter of commendation to Officer Karen Zantow from a motorist she assisted recently.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and made a motion to add Item #9 under New Business. Motion was seconded by Councilman Brewton and passed without opposition

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that all parameters have been met at the wastewater treatment plant.

RECREATION

Councilman Seay reported that the Rebel Bowl activities begin this evening with the pee wee football team playing at 7:30 p.m, the midget team playing at 7:30 on Tuesday, the mini pee wee team playing at 6:00 Thursday and the cheerleading competition being held on December 4th.

PERSONNEL

Councilman Seay reported that the committee is working on a draft charter and next year’s pay scale.

BUILDING/ZONING

Councilwoman Tyler reported that 11 new single family residential permits have been issued this month, totaling 220 for the year.

Mayor Carter presented Miss Mindy Daring, Pooler’s representative for the Miss Junior America Pageant.

Under OLD BUSINESS the following was discussed:

Councilman Wall asked Mr. Scheer if he was able to find out if the city’s ordinance regarding alcoholic beverage licenses could be amended as to require the applicant to be a residence of Pooler. Mr. Scheer stated that he has looked into this matter and that this requirement may be unconstitutional.

Under NEW BUSINESS the following was discussed:

1. Approval of final plat of Phase IV, Bridgewater Subdivision

Councilwoman Tyler presented the final plat for Bridgewater Subdivision, Phase IV, stating that all the engineers comments have been addressed and made a motion, based on Planning & Zoning and staff recommendation, to approve, contingent upon the bond being approved by the city attorney. Motion was seconded by Councilman Bryan and passed without opposition.

2. Approval of master plan for Westside Business Park on Highway 80

Councilman Bryan stepped down from his council seat for this item and the next item due to a conflict of interest. Councilwoman Tyler presented the master plan for the Westside Business Park on E. Highway 80, and made a motion to approve. Motion was seconded by Councilman Cowart. Councilman Wall expressed his concern over the fact that the industrial traffic would access through the commercial area. Councilwoman Tyler stated that Bill Nicholson of Hussey, Gay, Bell & DeYoung Engineers has submitted a letter stating that he does not foresee a problem with the roads as they are planned. Mayor Carter called for the vote on the motion. Motion passed with Councilman Wall opposing.

3. Approval of site plan for Floyd Medical/Dental Facility

Councilwoman Tyler presented the site plan for the Floyd Medical/Dental Facility on Trader’s Way, stating that the engineer’s comments have been addressed and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition. Councilman Bryan returned to his council seat.

4. Approval of final plat for The Villages, Northern Trat, Phase 3B

Councilwoman Tyler presented the final plat for The Villages, Northern Tract, Phase 3B, and made a motion to approve, contingent upon the bond being approved by the city attorney. Motion was seconded by Councilman Brewton and passed without opposition.

5. Approval to participate in the Countywide Greenspace Planning Program for 2002-2004

Mr. Baxter presented the Countywide Greenspace Planning Program for 2002-2004, stating that it is in concept only and that the city has participated in the past. Further that the funds for this program will be offset by the County reimbursing the city through Special Purpose Local Option Sales Tax money. Councilman Brewton questioned why the county could not purchase land in other areas of the county (i.e, Pooler, Bloomingdale, etc.) to be used for greenspace. Mayor Carter stated that this could be brought up during the greenspace meeting, which would be attended by a representative from Pooler. After discussion, Councilman Wall made a motion, seconded by Councilman Seay, to approve the city’s participation in this program. Motion passed without opposition.

6. Approval of capital cost recovery and transmission fees for the City of Bloomingdale to purchase water

Mr. Baxter stated that if the City of Bloomingdale decides to purchase water from Pooler, via the water supplied from the City of Savannah, capital cost recovery and transmission fees need to be determined. Mr. Baxter presented a proposed fee of $63.00 per ERU, with a variable cost of 10 cents per 1000 gallons. Councilman Wall requested that a 10% administrative cost be considered. There was some question as to whether it was proper to charge Bloomingdale an administrative charge when others weren’t being charged the same. After discussion, Councilman Wall made a motion to approve the capital cost recovery fee of $63.00 per ERU and transmission fee of 10 cents per 1000 gallons, plus a 10% administrative charge to be contingent upon the city attorney’s approval. Motion was seconded by Councilman Bryan and passed without opposition.

7. Request from City of Bloomingdale for assistance with cost of bridge repair at Wildcat Dam Road

Mayor Ben Rozier of Bloomingdale presented this request for financial assistance to repair the bridge on Wildcat Dam Road, stating that the Department of Transportation has closed it, due to it being unsafe for passage. The road is owned by the City of Bloomingdale, but there is one residence past this bridge which is in the city limits of Pooler. There was discussion over whether or not this resident could access his property from Pine Barren Road, which has been determined to be impassable, but that improving this area of Wildcat Dam Road is a possibility. Mayor Rozier stated that he submitted a similar request to the Chatham County Commission last Friday, wherein they agreed to pay up to $10,000 for the repair. Mayor Carter questioned if the Morgan family (property owner on both sides of the road) has been approached to see if they were willing to share in the cost. Mayor Rozier stated that he has made contact with them, but to no avail. After further discussion, Councilman Bryan made a motion to authorize Mr. Baxter and Mr. Scheer to meet with officials from Bloomingdale and the Morgan family to resolve the remaining cost of this repair. Motion was seconded by Councilwoman Tyler and passed without opposition.

8. Discussion concerning appraisal of YMCA property

Councilman Wall stated that the property proposed for the site of the new fire station (front portion of the YMCA property) needed to be appraised and that the wetlands delineation has expired, therefore requiring it be performed again at a cost of $2000.00. Councilman Brewton stated that this is not the best site for the new fire station, due to its close proximity to the YMCA. Councilman Wall questioned whether this fee should be shared by the city and the YMCA and after discussion, made a motion to authorize the city manager to work with the YMCA in getting this delineation done. Motion was seconded by Councilwoman Tyler and passed with Councilman Brewton opposing.

9. Discussion concerning new off-ramp at I-95 and Pine Barren Road

Councilman Cowart stated that he has received numerous phone calls from residents on Pine Barren Road concerning the possibility of an off-ramp being constructed near their property. Mayor Carter stated that an on/off ramp at this intersection was mentioned during negotiations with representatives from the “Blue Bell” project (Daimler-Chrysler) and that it will be discussed at the CUTS policy committee meeting, which he will be attending, on Wednesday. Further that this proposed on/off ramp is to be included in the TIP (Transportation Improvement Plan) and that he would not know anything further until this meeting.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:44 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

December 2, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
December 2, 2002

The regular meeting of the Pooler City Council was held on December 2, 2002. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall, and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

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 Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the police and fire reports. Chief Chan stated that the State Accreditation exam for the police department will be underway this week.

Councilman Wall requested that the appraisal on the YMCA property be performed so as to expedite the decision as to where the new fire station will be built and made a motion to add Item #3 under Old Business to discuss this matter. Motion was seconded by Councilman Cowart and passed without opposition.

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and presented Council with a list of complaints regarding Waste Management.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance, gave the statistics on water consumption, and stated that all parameters have been met at the wastewater treatment plant.

RECREATION

Councilman Seay reported that basketball signups are ongoing with the Rama to be held January 11th.

BUILDING/ZONING

Councilwoman Tyler reported that 17 new single family residential permits were issued in November, totaling 226 for the year, with 517 inspections performed.

Under OLD BUSINESS the following was discussed:

1. Request for zoning map amendment of approximately 180 acres located south of Pipemaker’s Canal, west of I-95 and east of Benton Drive

Mr. Baxter stated that this item was tabled from the October 21, 2002 meeting to allow the owner, Ms. Rebecca Benton, to research alternate accesses to her property and to look into other zoning classification possibilities. Attorney Harold Yellin, representing Ms. Rebecca Benton, asked Council to postpone this item indefinitely to allow more time to research this matter, to include the possibility of developing the southern portion of this land as residential. Further, that the petitioner was willing to give 30 days notice to the adjacent property owners before this matter is to be brought before Council. Councilman Cowart stated that Ms. Benton’s request for a continuance was granted in October, but that it was not fair to the residents to make them continue attending meetings only to have the decision postponed to a later date. Councilman Tyler stated that, in fairness to the residents, this item be withdrawn until the petitioner is ready. After discussion, Attorney Yellin withdrew Ms. Benton’s request, stating that it will be brought back at a later date. Mayor Carter assured the residents that the same process will be followed when Ms. Benton re-submits her request.

2. Request for zoning map amendment of 4.299 acres of east side of N. Morgan Street

Mr. Baxter stated that this item was also tabled from the October 21, 2002 meeting. Mr. Charles Huss addressed Council and withdrew his request.

3. Discussion concerning appraisal of YMCA property on Pooler Parkway

Councilman Wall stated that in order to move forward with the plans for the new fire station, it was necessary to have the front portion of the YMCA property appraised to determine what type of land swap/purchase would be required to secure this land. Councilman Brewton and Councilman Bryan expressed their concern over the new fire station being accessed by way of Isaac G. LaRoche Drive, questioning why Pooler Parkway could not be used. Mr. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers stated that several factors prohibited the fire station to access off the Parkway. Councilman Bryan requested that Mr. Baxter contact the YMCA representatives to make sure they are willing to negotiate. After discussion, Councilman Wall made a motion to authorize Mr. Baxter to proceed with the appraisal, contingent upon the YMCA being willing to negotiate the land swap/purchase. Motion was seconded by Councilman Bryan and passed with Councilman Brewton opposing.

Under NEW BUSINESS the following was discussed:

1. Bill Lovett regarding update of wastewater treatment plant expansion

Mr. Lovett of Hussey, Gay, Bell & DeYoung Engineers addressed Council with regards to the update of the wastewater treatment plant expansion, stating that bid announcements will go out December 5th and run for four (4) weeks, with the bid opening scheduled for January 23, 2003.

2. Approval of site plan for Chick-Fil-A

Councilwoman Tyler presented the site plan for the Chick-Fil-A to be located near Arby’s on Pooler Parkway, stating that all engineers’ comments have been addressed and made a motion, based on Planing & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition.

3. Approval of site plan for Westbrook Golf Villas

Councilwoman Tyler presented the site plan for the Westbrook Golf Villas and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition.

4. Approval of minor subdivision of Parcel 9B, a portion of International Paper Realty Corporation/S. A. Allen Tract

Councilman Wall stepped down from his council seat due to a conflict of interest. Councilwoman Tyler presented this minor subdivision of Parcel 9B, a portion of International Paper Realty Corporation/S. A. Allen Tract and made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

Councilman Wall returned to his seat.

5. Approval of mutual aid agreement with City of Savannah

Mr. Baxter presented this mutual aid agreement with the City of Savannah for emergency services in times of disasters, stating that it is necessary in order to receive federal funding in the event of a disaster. Mr. Scheer stated that similar agreements with the Cities of Bloomingdale and Garden City for police services needed to also be approved for the same reason as Mr. Baxter explained. After discussion, Councilman Wall made a motion to approve the mutual aid agreements with the City of Savannah, City of Bloomingdale and City of Garden City, contingent upon Mr. Scheer’s approval. Motion was seconded by Councilwoman Tyler and passed without opposition.

6. Resolution regarding State Revolving Fund Loan

Mr. Baxter presented this resolution regarding the State Revolving Fund Loan which is for the expansion to the wastewater treatment plant. Councilman Cowart made a motion, seconded by Councilman Wall, to approve. Motion passed without opposition.

7. First Reading on proposed 2003 budget

Councilman Bryan presented the proposed 2003 budget, stating that the amount to be transferred from the reserve account was to be used for capital expenditures, and after discussion, made a motion to approve the proposed 2003 budget on First Reading, to include the Pooler Area Chamber of Commerce’s contract for hotel/motel tax funds. Motion was seconded by Councilman Wall and passed without opposition.

8. Discussion concerning setback regulations in industrial zones

Councilwoman Tyler stated that Planning & Zoning Board has been asked by Council to look over the building setback regulations in industrial zones, and after their meeting, recommends that the setbacks remain the same but that the Board proposes a zoning text amendment to allow parking in the front setback no closer than 15' from the right-of-way with only 2-axle vehicles allowed, with truck parking restricted to the side and rear. Mayor Carter stated that he felt the setback regulations should remain as they are. Councilman Wall stated that parking should be handled by the developer/property owner. After discussion, it was the general consensus of the Council to leave the ordinance as it was.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:28 p.m. Motion was seconded by Councilman Wall and passed without opposition.

December 16, 2002

CITY OF POOLER
CITY COUNCIL MINUTES
December 16, 2002


The regular meeting of the Pooler City Council was held on December 16, 2002. Mayor Buddy Carter called the meeting to order at 6:15 p.m. (delayed due to the public hearings held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The invocation was given by Mayor Carter 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 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 and stated that the city is waiting on the appraisal for the land proposed for the new fire station.

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

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and that the bids for the street sweeper have been submitted, with the low bid at $112,221.50, which is $7778.50 lower than what was budgeted.

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance.

RECREATION

Councilman Seay reported that the basketball teams will be selected this week with practice beginning soon.

PERSONNEL

Councilman Seay reported that the employee holiday party was held last Thursday and was a success and gave a special thanks to the employees who put up the decorations in the city. Councilman Wall expressed his thanks to Mr. Ricky Hearn for placing the stars on the water tower.

BUILDING/ZONING

Councilwoman Tyler reported that 10 new single family residential permits have been issued this month, totaling 236 for the year and stated that the permit for the new JCB dealership has been issued.

Under OLD BUSINESS the following:

1. Second Reading on proposed 2003 budget

A public hearing was held prior. Councilman Bryan presented the proposed 2003 budget, including a 2% raise for city employees, and after discussion, made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Request for zoning map amendment at 600 W. Highway 80

A public hearing was held prior wherein several residents presented their opposition to this request. Mr. Paul Wittfeld, owner, has requested to rezone his property from R-1A (single-family residential) to C-1 (light commercial), but is willing to settle for a C-P (commercial-professional) zoning. Councilman Wall reiterated the fact that several property owners have expressed their opposition of this rezoning, based on the possibility of their property values decreasing as well as traffic problems that could be created if zoned commercial. Councilwoman Tyler made a motion to approve this zoning map amendment from R-1A to C-P zoning. Motion was seconded by Councilman Cowart. Councilman Brewton, Councilman Bryan and Councilman Wall voted in opposition of the motion, thus creating a tie. Mayor Carter voted in favor of the motion. Motion passed.

2. Approval of revised site plan of Village Quarter Multi-Family, Bostic Brothers Development, LLC

Councilwoman Tyler presented the revised site plan of Village Quarter Multi-Family project and made a motion to approve the revision to this site plan. Motion was seconded by Councilman Wall and passed without opposition.

3. Approval of site plan for office complex at Godley Station, Parcel 9B

Councilwoman Tyler presented this site plan for an office complex at Parcel 9B, Godley Station and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

4. Approval of proposed text amendment to the Savannah Quarters Final PUD Development Standards, Phase 1 and 2

Mr. Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers presented this proposed text amendment, stating that the reason for the amendment is to provide guidelines for project identification and entrance features for the development entrances off of Pooler Parkway and Quacco Road. After discussion, Councilwoman Tyler made a motion to approve, contingent upon each entrance plan being submitted to Planning & Zoning and Council for approval. Motion was seconded by Councilman Seay and passed with Councilman Cowart opposing.

5. Approval of recombination of Lots 57, 58, 59 and the western 46.5' of Lot 60, Collins Subdivision

Mr. Baxter presented this recombination for the owner, Mr. James Byrd, for his property on South Skinner Avenue. Councilman Wall made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

6. Approval of contract with Department of Transportation for widening of Rogers Street between Highway 80 pair

Mr. Baxter presented this contract for the widening (addition of turn lane) of Rogers Street between the Highway 80 pair. After discussion, Councilman Cowart made a motion to approve the contract, contingent upon the city attorney’s approval. Motion was seconded by Councilman Wall and passed without opposition.

7. Approval of amendment to 2002 contract with Pooler Area Chamber of Commerce

Mr. Baxter presented an amendment to the 2002 contract with the Pooler Area Chamber of Commerce for additional hotel/motel tax funds ($11,000) that have been collected this year. Councilman Wall made a motion to approve this amendment. Motion was seconded by Councilman Seay and passed without opposition.

8. Approval of storm water master plan, 100-year flood plain impact and mitigation plan for “mega site” in the northeast quadrant of I-95 and I-16

Councilman Cowart stated that he had just received this information over the weekend, therefore, made a motion to table this item to allow Council time to look it over. Motion was seconded by Councilman Bryan and passed without opposition.

9. Approval of assignment of contract for probation services

Councilman Wall presented this request for an assignment of the contract for probation services. Mr. Scheer stated that the current provider, Southeastern Probation, is selling out to a new group, Middle Georgia Probation Services. After discussion, Councilman Wall made a motion, seconded by Councilman Bryan, to approve this assignment. Motion passed without opposition.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:04 p.m. to discuss personnel, legal and real estate matters. Motion was seconded by Councilman Cowart and passed without opposition.

Mayor Carter called the meeting back to order at 7:35 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:36 p.m. Motion was seconded by Councilman Bryan and passed without opposition.

Public Hearing

Two (2) public hearings were held prior to the regular City Council meeting on December 16, 2002. Mayor Buddy Carter called the first hearing to order at 5:30 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of the 5:30 public hearing was to discuss the proposed 2003 budget. Councilman Bryan presented the proposed 2003 budget, stating that $89,000 would be going into an unencumbered contingency fund.

There being no further business to discuss, this hearing was adjourned at approximately 5:35 p.m.

Mayor Carter called the next public hearing to order at 5:45 p.m.

The purpose of this public hearing was to discuss a requested zoning map amendment at 600 W. Highway 80. Mr. Paul Wittfeld, owner, is requesting to rezone his property from R-1A (single-family residential) to C-1 (light commercial) and prefers to market the property as commercial. Ms. Holly Young, real estate agent, stated that Mr. Wittfeld is willing to settle for a C-P (commercial-professional) zoning. Mr. John Kennedy and Mr. & Mrs. Scotty Fletcher, adjacent property owners, expressed their opposition of any commercial zoning, stating that it would decrease their property values and create more traffic problems in their neighborhood. Councilman Cowart stated that Council could not deny property owners their rights to use their property to its full potential. Councilman Wall stated that this would be “spot” zoning and that there is no commercial zoning in the immediate area.

There being no further business to discuss, this public hearing was adjourned at approximately 6:12 p.m.