Council Minutes March 16, 2015

CITY OF POOLER
COUNCIL MINUTES
MARCH 16, 2015



The regular meeting of the Pooler City Council was held on March 16, 2015. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilman Bruce Allen, Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke, Councilman Mike Royal and Councilman Stevie Wall. City Manager Robbie Byrd, Finance Officer/Assistant City Manager Michelle McNeely and City Attorney Steve Scheer were also present. 

The invocation was given by Councilman Allen and the Pledge of Allegiance was led by Councilwoman Black.

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

The minutes of the January 28th Executive Session were approved upon a motion by Councilman Allen, seconded by Councilwoman Benton, with no opposition.

The minutes of the March 2nd Executive Session were approved upon a motion by Councilman Allen, seconded by Councilwoman Benton, with no opposition.

Report from the Standing Committees:

FINANCE
Councilman Burke presented bills in excess of $1500.00 and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY
Councilman Wall reported that the fire department responded to 135 calls since the last meeting, totaling 594 for the year and that the police department responded to 1253 calls, totaling 6491 for the year. 

STREET/DRAINAGE
Councilwoman Benton reported that the street and drainage departments performed routine maintenance. 

WATER/SEWER
Councilman Wall reported that the water and sewer departments performed routine maintenance and that all parameters are being met at the wastewater treatment plant. 

RECREATION 
Councilwoman Black reported that tumbling and dance classes continue and that registration for t-ball is ongoing.

BUILDING/ZONING
Councilman Allen reported that 12 single family residential, one (1) attached unit and 43 commercial permits were issued since the last meeting, totaling 37 single family, nine (9) attached unit and 245 commercial permits for the year, with 1365 inspections performed. 

Mayor Lamb read aloud a proclamation regarding March 17th being proclaimed “Red Cross Day” in the City.

Mayor Lamb announced that the Chatham Area Transit (CAT) has scheduled a West Chatham County Mobility Study Public Workshop on March 25th at 6:00 p.m. at City Hall to present their study and public transportation service concepts and invited all interested parties to attend.

Under OLD BUSINESS the following was discussed:

1. Vapor store owners in regards to vaping/electronic cigarettes
Mr. Scheer stated that he has reviewed the City of Savannah and Chatham County’s “Smoke-Free Air” ordinances and determined that Pooler’s ordinance, which was adopted based on a referendum where approximately 83% of the voters were in favor, is consistent with their ordinances. Further, that since “hookah” smoking is not being “grandfathered” in, it is his recommendation that vaping not be allowed. Andrew Kraft, co-owner of Vapor Trails, stated that the referendum did not state anything about “vapor”, which is what is emitted from e-cigarettes. Further, that the purpose of his business is to help people quit or reduce smoking. Chris Kenner, resident and insurance salesman, stated that tobacco users are charged a higher rate for life insurance but that vapor users are not. Beverly Holbrook, resident, stated that there is not enough known about vapor and that it does bother her since she suffers from asthma. Ben Chapman, owner of Blackbeard Vapor, stated that his business is successful in helping people quit smoking, noting that vaping produces water vapor which evaporates. Further, that it is vital to his store’s success to allow people to sample the flavors. Gayle Kraft, co-owner of Vapor Trails, stated that in addition to providing samples, it is essential to show the patrons how to use the device. Councilman Wall stated that the City was not aware that patrons would be vaping inside the store at the time the businesses were registered. Further, that after visiting a store and going outside while a patron was vaping, he found that there was an odor and that it took 10 minutes to dissipate. Councilwoman Benton stated that since “hookah” smoking is not being allowed, vaping should not be either. Councilman Wall made a motion to deny vaping/electronic cigarettes being “grandfathered” in, and allow 30 days before the police department will enforce the ordinance at the two (2) retail vapor shops. Motion was seconded by Councilman Burke and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Amendment to Wynn-Capallo PUD Development Standards
JACP Properties, LP has requested an amendment to eliminate the 35% cap on 55' wide lots and allow all remaining single family lots to be developed under the SF-1 classification. Mr. Byrd stated that the PUD Review Board and Planning & Zoning recommend denial of the amendment. Hal Kraft of Hussey Gay Bell, representing Beazer Homes, presented the previously approved Final PUD for the tract, stating that since that time (2005), market conditions have changed and the larger homes that were slated for the SF-2 category lots have not been preferred by prospective homeowners, leaving these lots vacant. Further, that all of the other development standards will remain unchanged. Councilman Wall questioned the number of lots to be changed, wherein Mr. Kraft replied that there are 235. Councilman Allen noted that Council fought hard in 2005 to keep the number of 55' lots at 35%. After further discussion, Councilman Wall made a motion to increase the cap to 45%, not to exceed 53 lots. Motion was seconded by Councilwoman Benton and passed with Councilman Allen opposing.

2. Site plan for Tennessee Commercial Warehouse (TCW) at 230 Nordic Way
Tennessee Commercial Warehouse has submitted a site plan to construct a 4,116 sq. ft. warehouse and truck transfer station including a 3,136 sq. ft. office space, a 2,500 sq. ft. shop with fueling station, associated parking and infrastructure. Terry Coleman of Coleman Company, Inc. stated that the plan meets all the requirements and that downward cast lighting will be installed and that the previously approved 220' buffer will help reduce noise. Johannes DeRijck, resident of The Farm at Morgan Lakes, addressed Council in regards to trees being cut down in the undisturbed buffer and that since 2008 when the property was rezoned, he has seen many changes leaving residents worried and selling their homes. Further, that the trucks will have back up beepers with decibel levels which will violate the City’s noise ordinance. Councilman Wall stated that public safety is a key issue and that the beeping sound is a safety precaution. Mr. DeRijck agreed, but noted that the proposed truck yard will operate 24 hours a day, seven (7) days a week. Mark Pinder, resident on Hitching Post Lane, stated that the sound will also reach to his house. Councilman Wall recommended the hours of operation for service trucks be limited to daytime hours.
Scott George of TCW, stated that the hours for service trucks can be limited to daytime and that 98% of the cargo fleet that will be at this facility are company owned and have horizontal exhaust pipes which make less noise compared to vertical exhaust pipes. Amanda Wolf, resident on Cattle Run Way, stated that trucks going to this proposed facility have entered near her house, causing damage to her fence. Councilman Wall stated that after a meeting, a traffic light has been proposed to be installed, paid for by the developer. After further discussion, Councilman Wall made a motion to approve the site plan, contingent upon NRCS approval, a traffic light being installed at the intersection of Jimmy DeLoach Parkway and Nordic Way prior to any certificate of occupancies being issued, there being no construction traffic going through The Farm, there being no trucks with back-up beepers on site between the hours of 7:00 p.m. and 7:00 a.m., and contingent upon the amendment to the conditions placed on June 18, 2012 on the re-zoning of 78.39 acres of Tract 1 as follows: the developer not clearing any trees from Tract 1 (within the 750' adjacent to The Farm at Morgan Lakes) and if any trees are disturbed in this area, then the berm will be required to be constructed within 90 days, and reinstate the conditions placed on the 2008 re-zoning of Tract 1 as follows: there being a 220' buffer to include 48' of undisturbed buffer, a berm which will be 102' at a space with a depth of 23', a detention pond 50' wide, an access easement 20' wide and the maximum height of the buildings to be constructed on site not to exceed 35'. Motion was seconded by Councilman Burke and passed with Councilman Allen opposing. 

3. Minor subdivision plat of Tract 1-C in North Godley Industrial Park
North Godley Industrial Park, LLC has submitted a minor subdivision plat creating Tract 1-C-1, consisting of 3.891 acres and Tract 1-C-2, consisting of 13.541 acres. The property is located off Jimmy DeLoach Parkway on the corner of Nordic Drive and Nordic Way. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the plat, contingent upon a traffic light (as referenced in Item #2) being installed before any certificate of occupancies are issued. Motion passed with Councilman Allen opposing.

4. Acceptance of performance bond/final plat approval for The Outlet Mall of Savannah
The subdivision consists of 11 lots and Tanger Outlets Boulevard. The developer has posted a performance bond to guarantee the remaining infrastructure that is not in place. Mr. Scheer stated that the maintenance bond must contain the proper parties involved in the project. Councilman Wall made a motion to accept the performance bond and approve the final plat, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Royal and passed without opposition.

5. Alcoholic beverage license for Seshu Kotcherlakota at Naan Appetit
Seshu Kotcherlakota has submitted an application to serve beer and wine at the new Naan Appetit Restaurant at 1024 W. Highway 80, Suites 118 & 119. Mr. Byrd stated that Police Chief Mark Revenew has performed a background investigation and recommends approval. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the license, to include Sunday sales. Motion passed with Councilman Allen opposing.

6. Alcoholic beverage license for Chris Smith at Five Guys
Christopher R. Smith has submitted an application to serve beer and wine at the new Five Guys Restaurant at 6 Mill Creek Circle, Suite B. Mr. Byrd stated that Police Chief Mark Revenew has performed a background investigation and recommends approval. Councilman Walll made a motion to approve the license, to include Sunday sales. Motion was seconded by Councilman Royal and passed with Councilman Allen opposing.

7. Alcoholic beverage license for Paul E. Avery at World of Beer
Paul E. Avery has submitted an application to serve liquor, beer and wine at World of Beer. Mr. Byrd stated that Police Chief Mark Revenew has performed a background investigation and recommends approval. Councilman Wall made a motion, seconded by Councilman Royal, to approve the license, to include Sunday sales. Motion passed with Councilman Allen opposing.

8. Proposal for Professional Surveying and Civil Engineering Services with Kern & Co., LLC for fire station on S. Rogers Street
Mr. Byrd presented a proposal from Kern & Co., LLC for professional surveying and civil engineering services for the new fire station on S. Rogers Street. Councilman Royal made a motion to approve the proposal in the amount of $10,000.00. Motion was seconded by Councilwoman Benton and passed without opposition.

9. Proposal for Professional Surveying, Engineering and Architectural Services with Kern & Co., LLC for fire station on S. Rogers Street
Mr. Byrd presented a proposal from Kern & Co., LLC for professional surveying, engineering and architectural services for the new fire station on S. Rogers Street. Councilman Royal made a motion to approve the proposal in the amount of $30,000.00. Motion was seconded by Councilwoman Benton and passed without opposition.

10. Proposal for professional Surveying, Engineering and Architectural Services with Kern & Co., LLC for traffic signal at the intersection of Jimmy DeLoach Parkway & Nordic Way
Mr. Byrd presented a proposal from Kern & Co., LLC for professional surveying, engineering and architectural services for the traffic signal at the intersection of Jimmy DeLoach Parkway & Nordic Way, noting that the developers will be paying for the installation. Councilman Wall made a motion to approve the proposal in the amount of $15,000.00. Motion was seconded by Councilman Royal and passed without opposition.

11. Resolution regarding Budget Adjustment 2014-02
Ms. McNeely presented a resolution in regards to Budget Adjustment 2014-02, stating that it is for year end adjustments to both revenue and expenditures. Councilman Burke made a motion, seconded by Councilman Wall, to approve the resolution. Motion passed without opposition.

Councilwoman Black made a motion to add Item #12. Motion was seconded by Councilman Burke and passed without opposition.

12. Agreement with Musco for lighting at new stadium
Mr. Byrd presented an agreement for lighting the new stadium. Councilwoman Benton made a motion to approve the agreement in the amount of $98,900.00. Motion was seconded by Councilwoman Black and passed without opposition.

Councilman Allen made a motion to add Item #13. Motion was seconded by Councilman Wall and passed without opposition.

13. Moratorium on acceptance/issuance of all sign permits
Mr. Byrd stated that the City has contracted with Ross+Associates to update the City’s sign ordinance and Mr. Ross has recommended a moratorium be placed on all types of signs, both permanent and temporary, until he has completed his review and recommendations. Councilwoman Benton made a motion to place a 90-day moratorium, effectively immediately, on the acceptance and issuance of all sign permits, except in the case of an extreme undue hardship, which will be handled on a case-by-case basis, with the city attorney’s approval. Motion was seconded by Councilman Royal and passed without opposition.

There being no further business to discuss or the need for an Executive Session, Councilman Wall made a motion to adjourn at approximately 8:00 p.m. Motion was seconded by Councilman Royal and passed without opposition.

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Date of Authorization: 2/13/08