Council Minutes February 20, 2012

CITY OF POOLER 
COUNCIL MINUTES
February 20, 2012

The regular meeting of the Pooler City Council was held on February 20, 2012.Mayor Mike Lamb called the meeting to order at 6:05 p.m. (delayed due to the public hearing held prior).Present were Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke, Councilman Mike Royal and Councilman Stevie Wall.City Manager Robbie Byrd and Attorney Craig Call, on behalf of City Attorney Steve Scheer, were also present.Councilman Bruce Allen was 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 Councilman Wall, seconded by Councilman Royal, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Burke presented bills in excess of $1500.00 for February, making 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 126 calls this month, totaling 213 for the year, and that the police department responded to 1205 calls since the last meeting, totaling 3685 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 have performed routine maintenance and that all parameters are being met at the wastewater treatment plant.

RECREATION

Councilwoman Black reported that basketball games conclude this week with the GRPA tournament beginning on Thursdayand that practice for spring sports begins March 5th.Further, that adult exercise classes continue at the gym.

BUILDING/ZONING

Councilwoman Benton reported that seven (7) new single family residential, one (1) attached unitand three (3) commercialpermits were issued since the last meeting, totaling 27 single family residential, seven (7) attached unit and six (6) commercial permits,with 448 inspections performed.

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed:

1.Approval of continuance of the “conditional use” at 112 E. Highway 80 to operate an automotive repair shop

A public hearing was held prior wherein Scott MacPherson, Code Enforcement Officer, presented information regarding the property being non-compliant with the regulations of the City’s ordinance regarding the “conditional use”.Councilman Wall stated that in 1993 the “conditional use” was approved to allow an automotive repair shop, noting that the tenant at that time, signed a letter verifying that he was aware that storage of derelict vehicles was not allowed.Mr. MacPherson reiterated the fact that Mr. Howard has made an effort to improve the property.Edwin Smith, property owner, requested a continuance, stating that he will ensure conditions are followed.Further, that this is family-run business.Councilman Wall reiterated the fact that several violations have continued for years, and made a motion to rescind the “conditional use” at 112 E. Highway 80, based on the use not meeting Items #2, #5 and #7 of the standards for conditional use permission as well as the provisions for granting it in 1993 not being met and the property being a hazard to the safety of the public.   Motion was seconded by Councilwoman Black and passed without opposition.

2.Approval of minor subdivision plat of Lot 1 on Little Neck Road

Jeffrey Smith has submitted a request to subdivide Lot 1 into two (2) single-family lots, 1A and 1B.Mr. Smith’s elderly mother resides in a manufactured home which will be Lot 1B and her caretakers (hardship granted by Chatham County in 2003) live in another manufactured home on the same lot.Mr. Byrd stated that once the hardship dissolves, one of the manufactured homes on Lot 1B will be removed.Councilwoman Benton made a motion to approve the plat, contingent upon Mr. Smith notifying the City annually of the status of the hardship.Motion was seconded by Councilman Burke and passed without opposition.

3.Approval of recombination plat of Lots 12-A, 12-B and a 30' unopened road on OldLouisville Road

Michael & Pamela Hayman have submitted a plat to recombine Lots 12-A, 12-B and a 30' unopened road into one (1) parcel of land, consisting of 10.85 acres.Mr. Byrd stated that the single-family residence and manufactured home will be removed from the lot.Councilman Wall made a motion, seconded by Councilman Burke, to approve the recombination plat.Motion passed without opposition.

4.Acceptance of performance bond/approval of final plat for Godley Towne Center

The developer, Whitemarsh Island Properties, LLC has submitted a final plat for Godley Towne Center, located on the northwest corner of Pooler Parkway and Benton Boulevard.A performance bond has been posted in the amount of $1,203,015.00.Councilman Wall made a motion to accept the performance bond and approve the final plat, contingent upon the bond being approved by the city attorney.Motion was seconded by Councilman Royal and passed without opposition.

5.Approval of site plan for Royal Cinema expansion

Mr. Byrd presented the site plan for the expansion of Royal Cinema located at5 Towne Center Court, stating that three (3) screens will be added to make the cinema the largest in the coastal region.Councilman Burke made a motion, seconded by Councilwoman Benton, to approve the site plan, contingent upon Architectural Review Board approval.Motion passed without opposition. 

6.Acceptance of maintenance bond/approval of final plat for Somersby, Phase 2A-1

Pine Barren Partners has submitted a final plat for Phase 2A-1 of Somersby Subdivision, consisting of 27 lots.Mr. Byrd stated that all of the infrastructure is complete and that the developer has posted a maintenance bond in the amount of $190,393.59.Further, that the public works department has performed a final inspection with approval to begin the 12-month warranty period.Councilman Wall made a motion to accept the maintenance bond and approve the final plat, contingent upon the city attorney approving the bond.Motion was seconded by Councilman Royal and passed without opposition. 

7.Approval of special event permit for 2ndAnnual Pride of Pooler 5K/Family Fun Walk to be held March 24thand to waive fees

Katie Gigs, President of the Pooler Elementary School PTA, presented a request for a permit to hold the 2ndAnnual Pride of Pooler 5K/Family Fun Walk on March 24th, to waive the permit fees and request assistance from the police and fire departments to ensure safety and order during the race.Councilman Wall made a motion, seconded by Councilman Burke, to approve the event, waive the permit fees and provide assistance from the police and fire departments.Motion passed without opposition.           

8.Approval of special event permit for car show to be held March 10that Oglethorpe Speedway Park and to waive fees

Mr. Byrd presented a request from The Bomber Girls Ladies Riding Club, a non-profit organization,to co-host a car show on March 10that Oglethorpe Speedway Park, stating that the proceeds will go towards funds for sending packages to deployed soldiers throughout the year.Councilman Wall made a motion to approve the event and to waive the fees.Motion was seconded by Councilman Burke and passed without opposition.

9.Approval of special event permit (vintage guitar/music equipment buying event) to be held March 6ththrough March 10that the Holiday Inn

Jeff Parsons of THR & Associates, Inc. has submitted a request to permit a vintage guitar/music equipment buying event at the Holiday Inn from March 6ththrough the 10th.Councilwoman Benton made a motion to approve the event.Motion was seconded by Councilman Royal and passed without opposition.

10.Approval of alcoholic beverage license for Meet Patel at Coastal BeverageWarehouse (new location 1014 E. Hwy 80 Units 100 & 200)

Mr. Byrd presented an application for an alcoholic beverage license for Meet Patel at Coastal Beverage Warehouse (relocating to 1014 E. Hwy 80 Units 100 & 200), stating that Police Chief Mark Revenew has recommended approval.Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the license.Motion passed without opposition. 

11.Approval of funds to be paid to the US Army Corps of Engineers to fill a 0.16 acre of wetland to construct a walking trail and a 0.33 acre of wetland excavation to construct a recreational pond

Mr. Byrd presented information regarding verification from the US Army Corps of Engineers to impact 0.49 acre of wetland to construct a pedestrian park within a portion of wetlands, as well as a letter from Black Creek Mitigation Bank, LLC approving to sell mitigation credits to the City in the amount of $9450.00.Councilman Wall made a motion to approve the payment of the credits to Black Creek Mitigation Bank, LLC.Motion was seconded by Councilwoman Benton and passed without opposition. 

12.Approval of commitment of 2011 fund balance for capital projects

Michelle McNeely, Finance Officer, stated that in December of 2011 Council approved to commit a fund balance for the purpose of capital projects (a new city hall), recommending that $2.5 million be committed.After discussion, Councilman Burke made a motion to commit $2.5 million for the construction of a new city hall.Motion was seconded by Councilman Wall and passed without opposition. 

13.Resolution regarding Budget Adjustment 2011-08 (End of Year) for the General Fund and Hotel/Motel Tax Fund

Mr. Byrd presented a resolution regarding Budget Adjustment 2011-08 (copy attached to and made a part of these minutes) to complete miscellaneous end-of-year adjustments for the General Fund and Hotel/Motel Tax Fund.Councilman Burke made a motion to approve the resolution.Motion was seconded by Councilwoman Benton and passed without opposition. 

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:05 p.m to discuss legal and personnel matters.Motion was seconded by Councilman Burke and passed without opposition. 

Mayor Lamb called the meeting back to order at 7:30 p.m.

Councilman Burke made a motion to appoint Michelle McNeely as Assistant City Manager/Finance Officer.Motion was seconded by Councilman Royal and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:31 p.m.Motion was seconded by Councilman Royal and passed without opposition.

                                                                                                                                       Public Hearing

A public hearing was held prior to the regular City Council meeting onFebruary 20, 2012.Mayor Mike Lamb called the hearing to order at 5:45 p.m.Present were Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke, Councilman Mike Royal and Councilman Stevie Wall.City Manager Robbie Byrd and City Attorney Steve Scheer were also present. 

The purpose of the hearing was to discuss continuance of the “conditional use” at 112 E. Highway 80 to operate an automotive repair shop.Mr. Byrd stated that since 2004, the City’s Code Enforcement Officer, Scott MacPherson has served notice to the owner/tenant of the property of violations of non-compliance with regards to the “conditional use” for the property.Mr. MacPherson stated that he has made quarterly inspections of the property for several years and presented pictures depicting the condition of the property before improvements were made as well as its current state, noting that derelict vehicles and lack of property maintenance have been an ongoing problem.Mr. MacPherson recommended allowing a time frame of seven (7) to 10 days for derelict vehicles to be removed from the property.Councilwoman Benton expressed concern over how this time frame would be monitored, wherein Mr. MacPherson replied that he would like the property to be maintained continually so that he would not have to inspect it as frequently.Councilman Wall questioned whether any of the vehicles in the pictures have been derelict since 2006, wherein Mr. MacPherson replied that there were a few.  Councilman Wall thanked Mr. MacPherson for his diligence in monitoring this situation.Edwin Smith, property owner, stated that he realizes the issue and has spoken with his tenant, Robert Howard, extensively to have the property cleaned up, noting that Mr. Howard has made significant improvements.Further, that he will make sure the property is maintained and do whatever is necessary to allow Mr. Howard to continue operating his business.Mr. MacPherson added that there are several inefficiencies with the building and that improvements were necessary to bring it into compliance.Councilman Wall asked Mr. Smith if he had plans to bring the building up to code, wherein Mr. Smith replied that this property has been an investment and that he would like to sell it to Mr. Howard.Fire Chief Wade Simmons was asked to comment on the issue from a public safety view, wherein he replied that he has not personally inspected the building but believes it is a high risk and more dangerous than any other building of that type.

There being no further discussion, the hearing was adjourned at approximately 5:58 p.m.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
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Date of Authorization: 2/13/08