Council Minutes December 16, 2013

CITY OF POOLER
COUNCIL MINUTES
DECEMBER 16, 2013

The regular meeting of the Pooler City Council was held on December 16, 2013. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman Mike Royal and Councilman Stevie Wall. City Manager Robbie Byrd, Assistant City Manager/Finance Officer Michelle McNeely and City Attorney Steve Scheer were also present. Councilman Bruce Allen and Councilman David Burke were absent due to work.

The invocation was given by Mayor Lamb 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 Royal, with no opposition.

Councilman Wall made a motion to table the approval of the minutes of the December 2nd Executive Session until the next meeting. Motion was seconded by Councilman Royal and passed without opposition.

Report from the Standing Committees:

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

PUBLIC SAFETY
Councilman Royal reported that the fire department responded to 111 calls this month, totaling 2475 for the year and that the police department responded to 1371 calls, totaling 31,786 for the year.
Councilman Royal made a motion to add an Executive Session at the end of the meeting. Motion was seconded by Councilman Wall and passed without opposition.

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 dance and tumbling classes continue and that youth basketball games begin on January 10th. 

BUILDING/ZONING
Councilwoman Benton reported that six (6) new single family residential, two (2) attached unit and four (4) commercial permits were issued since the last meeting, totaling 164 single family, 81 attached unit and 107 commercial permits for the year, with 5107 inspections performed.

Police Lieutenant Jim Ward introduced the new patrol officers, DeAndre Loucks, Diamond Newton and Shane Rigdon.

The Pooler Rotary Club presented a check for $700.00 to the recreation department.

Under OLD BUSINESS the following was discussed:

1. Preliminary construction plan for Harmony, Phase 2
Councilwoman Shannon Black stepped down to recuse herself, thus leaving only three (3) councilmembers present, and therefore, at the advice of Mr. Scheer, Mayor Lamb stated that this item will be postponed until the January 6, 2014 meeting so that action may be taken. Attorney Josh Walker, representing Harmony Partners, LLC, stated that postponing action on this item impairs his client’s constitutional rights under the U.S. Constitution and the State of Georgia. Further, that he objects to the matter being postponed, asking that any administrative remedies be resolved . Mr. Scheer stated that it has been expressed to him that at some time there may have been misrepresentations made to the owners in The Harmony and that Council has no jurisdiction to determine if fraud has been committed. Further, that Council is very limited to what they can and cannot do, and that they can only determine whether there is a legal reason to deny the plan. 
Councilwoman Black returned to her seat.

2. Agreement with Pooler Chamber of Commerce & Visitors Bureau for 2014
Mr. Byrd presented the agreement, stating that Mr. Scheer has amended paragraph 11. Councilman Wall made a motion, seconded by Councilman Royal, to approve the agreement as amended by Mr. Scheer. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Conditional use to operate a family home daycare at 117 Quiet Pine Circle
A public hearing was held prior. Jacquelyn Pollard presented a request to allow her to operate a family home daycare from her residence. Councilman Wall made a motion, based on review of the criteria, to approve the conditional use. Motion was seconded by Councilman Royal and passed without opposition.

Councilman David Burke arrived at the meeting at approximately 6:29 p.m., delayed due to his work schedule.

2. Amendment to development standards for Southwest Quadrant, Phase Eleven
The developer of Phase Eleven of the Southwest Quadrant of Savannah Quarters has submitted a revision to include the removal of a proposed pool in the amenity area and replace it with a park that will include playground equipment. Councilman Wall questioned the time frame for the construction of the amenity area. Terry Coleman of Coleman Company Inc. replied that the amenity area will be constructed within the first phase of construction. Councilman Wall made a motion, seconded by Councilman Burke, to approve the amendment, contingent upon the amenity area to include a slide, three (3) swings and three (3) benches to be constructed within the first phase of construction. Motion passed without opposition.

3. Site plan for Cook-Out Restaurant at 480 Pooler Parkway
Mr. Byrd presented a site plan for the Cook-Out Restaurant, a 3640 sq. ft. sit-down restaurant with approximately 70 seats. Councilman Wall made a motion to approve the site plan, contingent upon all of the engineering comments being addressed. Motion was seconded by Councilwoman Benton and passed without opposition.

4. Site plan for 4500 sq. ft. retail building at 114 E. Highway 80
Edwin Smith has submitted a site plan for a 4500 sq. ft. retail building, to relocate his business, Pooler Pawn & Diamond. Councilman Burke made a motion, seconded by Councilman Wall, to approve the site plan, contingent upon all of the engineering comments being addressed. Motion passed without opposition.

5. Site plan for Reese Warehouse at 50 Columbia Drive
Mr. Byrd presented a site plan for a 10,000 sq. ft. office/warehouse building on Lot 30 in Westside Business Park. Councilman Wall made a motion to approve the plan. Motion was seconded by Councilman Burke and passed without opposition.

6. Special event permit for Pooler Resolution 5K/15K, sponsored by Pooler Chamber of Commerce & Visitors Bureau, to be held January 11th and to waive fees
Karen Robertson, Executive Director of the Pooler Chamber of Commerce & Visitors Bureau, presented a request to allow the 3rd Annual Cooler in Pooler Resolution 5K/15K on Saturday, January 11, 2014. Councilman Wall made a motion to approve the event and to waive the fees, contingent upon Ms. Robertson securing off-duty police personnel to provide safety. Motion was seconded by Councilwoman Benton and passed without opposition.

7. Alcoholic beverage license for Deborah Boulanger at Molly MacPherson’s Scottish Pub
Mr. Byrd presented an application for an alcoholic beverage license for Deborah Boulanger at the new Molly MacPherson’s Scottish Pub. Councilman Wall made a motion to approve the license, to include Sunday sales. Motion was seconded by Councilwoman Benton and passed without opposition.

8. Amendment to Schedule of Fees 
Mr. Byrd presented the proposed amendment to the Schedule of Fees to be effective January 1, 2014. Councilman Wall made a motion, seconded by Councilman Royal, to approve the amendment. Motion passed without opposition.

9. Amendment to GMEBS Defined Benefit Retirement Plan Adoption Agreement and General Addendum 
Ms. McNeely presented the amendment to the adoption agreement for the City’s Retirement Plan. Councilwoman Benton made a motion to approve the amendment. Motion was seconded by Councilman Royal and passed without opposition.

10. Resolution regarding Budget Adjustment 2013-04
Ms. McNeely presented a resolution regarding Budget Adjustment 2013-04 (copy attached to and made a part of the minutes). Councilman Burke made a motion, seconded by Councilman Royal, to approve the resolution. Motion passed without opposition.

Warren Banita, resident of The Harmony, presented concern over the size of the proposed amenity area for the residents, stating that it is inadequate.

Attorney Josh Walker addressed Council, asking that since Councilman Burke was now present, could Item #1 under Old Business be discussed. Mr. Scheer stated that the item has already been postponed until January 6th and that he was unaware that Councilman Burke would be arriving late to the meeting. Mr. Walker stated his objection, as presented earlier.

Councilman Royal made a motion to adjourn to Executive Session at approximately 7:03 p.m. to discuss personnel matters. Motion was seconded by Councilman Burke and passed without opposition.

Mayor Lamb called the meeting back to order at 7:28 p.m.

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

Public Hearing

A public hearing was held prior to the regular City Council meeting on 
December 16, 2013. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman Mike Royal and Councilman Stevie Wall. City Manager Robbie Byrd, Assistant City Manager/Finance Officer Michelle McNeely and City Attorney Steve Scheer were also present.

The purpose of the hearing was to discuss a requested conditional use to operate a family home daycare at 117 Quiet Pine Circle. Jacquelyn Pollard, property owner, presented her request to allow her to care for five (5) children in her home from 7:00 a.m. until 5:30 p.m. 

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

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
(912) 748-7261

e-verify-city-of-pooler#99754
Date of Authorization: 2/13/08