Council Minutes February 16, 2009

CITY OF POOLER
CITY COUNCIL MINUTES
February 16, 2009


The regular meeting of the Pooler City Council was held on February 16, 2009. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Travis Cowart, Mike Royal, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Robbie Byrd and City Attorney Steve Scheer were also present. 
Councilman Bruce Allen was absent due to work.

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

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

Report from the Standing Committees:
FINANCE
Councilman Seay presented the accounts payable information for January, noting that information for the remainder of the 2008 bills was included.

PUBLIC SAFETY
Chief C. E. Chan reported that the police department responded to 1223 calls from January 30th through February 12th, totaling 3823 calls for the year. Assistant Fire Chief Ashley Fields reported that the fire department responded to 64 calls this month, with 224 year-to-date.

STREET/DRAINAGE/ PARKS & TREES
Councilman Cowart reported that the street, drainage and parks and trees departments have 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
Councilman Royal reported that youth basketball games conclude this week, with several teams going to participate in the GRPA tournaments; that a golf tournament, co-sponsored by the fire department, is scheduled for March 16th at The Woodyard; and further, that the grand opening for the new recreation complex will be April 4th. 


BUILDING/ZONING
Councilwoman Benton reported that nine (9) new single family residential, four (4) attached unit, one (1) multi-family and one (1) commercial permit has been issued since the last meeting, totaling 18 single family residential, eight (8) attached unit, one (1) multi-family and one (1) commercial permit for the year, with 454 inspections performed year to date. Councilwoman Benton added that at this time last year, there were only 12 residential permits (attached units included) issued, while there are 26 this year.

Mayor Lamb read aloud a proclamation in regards to Arbor Day being February 25th, inviting everyone to a tree planting at 11:00 a.m. at the entrance to the new recreation complex.

Under OLD BUSINESS the following was discussed:

1. Approval of two (2) minor content changes to the IT (Information Technology) Policy
Mr. Byrd presented changes to the IT Policy which Mr. Scheer reviewed with recommendations noted. Councilman Cowart made a motion, seconded by Councilman Seay, to approve the Policy, contingent upon Mr. Scheer’s recommendation. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of final plat for Durham Park Townhomes, Phase 1-E
This development is located off Pooler Parkway and consists of 12 townhomes with an amenity site. Councilman Wall stated that the amenity site will be constructed before Phase I of the development is complete, and made a motion to approve the final plat for Durham Park Townhomes, Phase 1-E, contingent upon the amenity site being constructed before Phase I is complete. Motion was seconded by Councilwoman Benton and passed without opposition.

2. Approval of minor subdivision for PP West, LLC to create Lot 6 from remaining portion of Phase II, Clyde E. Daniels Tract
Attorney Harold Yellin presented the minor subdivision on behalf of the owner, stating that the purpose of the minor subdivision is to combine an irregular shaped lot that is being subdivided with other surrounding properties. Councilman Wall stated that a resident of Worthing Estates had expressed concern at the Planning & Zoning meeting about the dilapidated fence in the undisturbed area adjacent to this property, which Mr. Byrd stated that this concern will be forwarded to the developer. Councilman Cowart made a motion, based on Planning & Zoning and staff recommendation, to approve the minor subdivision, contingent upon the easement being reviewed by the city attorney. Motion was seconded by Councilwoman Benton and passed without opposition.


3. Approval of recombination of Lots 18 & 19 located within Phase II of Pooler Park of Commerce
Mr. Byrd presented a request to recombine Lots 18 & 19 within Phase II of Pooler Park of Commerce. Councilwoman Benton made a motion to approve. Motion was seconded by Councilman Seay and passed without opposition.

4. Approval of site plan for proposed office building with flex space located at 125 Pipemakers Circle
Travis Burke of Kern-Coleman & Company presented the site plan for a proposed office building with flex space to be located at 125 Pipemakers Canal. Councilman Wall questioned what the “flex” space consisted of which Mr. Burke replied that the office building has been designed to accommodate various types of tenants. Councilman Wall made a motion to approve the site plan, contingent upon the proposed uses meeting all requirements of the City’s zoning ordinance. Motion was seconded by Councilman Royal and passed without opposition.

5. Release of maintenance bond for Half Moon Way
Mr. Byrd presented this request from the developer of Half Moon Way, stating that a final inspection was performed by the public works department, with a recommendation for approval. Councilman Cowart made a motion, seconded by Councilwoman Benton, to release the maintenance bond. Motion passed without opposition.

6. Approval of precious metals dealer application for Paul Hagen for a six (6) day event to be held at the Holiday Inn on February 23rd through February 28th
Mr. Byrd presented an application for a precious metals dealer for Paul Hagen to have a six (6) day event at the Holiday Inn, stating that Police Chief C. E. Chan has recommended approval. Councilwoman Benton made a motion to approve the application. Motion was seconded by Councilman Seay and passed without opposition.

7. Approval of placement of a water/sewer meter on Wildcat Dam Road & Pine Barren Road
Mr. Byrd presented this request from the City of Bloomingdale to place a water/sewer meter on Wildcat Dam Road & Pine Barren Road to accommodate a multi-family development that is split between the City of Bloomingdale and the City of Pooler, stating that this meter meets the requirements of the water and sewer agreements approved by both cities. Councilman Wall made a motion, seconded by Councilman Royal, to approve the meter to be placed. Motion passed without opposition.

8. Request for refund of taxes collected on parcel (located within JCB property) owned (25%) by the heirs of Francis May Lubeck
Attorney Mathew McCoy, presented a request on behalf of Mayola Hayes, Clifford Alton and Michael Davidson, heirs of Francis May Lubeck, for a claim for reimbursement of erroneously and illegally collected property taxes, stating that since this land is 50% owned by the Savannah Economic Development Authority (exempt from paying taxes), his clients believe they should only be taxed on 50% of the value, not 100% as they have been and have paid the full amounts to avoid Chatham County levying the property. Mr. McCoy stated that a similar request has been heard by the Board of Commissioners, with it being denied, forcing his clients to pursue suing Chatham County. Further, that the Council has agreed to place an injunction to not collect taxes while the lawsuit is pending. Mr. Scheer asked that this item be tabled until the next meeting to allow him to review this information and speak to the County attorney. Mr. McCoy respectively asked Council to deny this request, to allow his clients to move forward with a suit against the City. Mr. Scheer reiterated the need to review the information and therefore, Councilman Wall made a motion to table this request until the next meeting. Motion was seconded by Councilwoman Benton and passed without opposition.

9. Acceptance of proposal to perform a new floodway study on the Pipemakers Canal
Mr. Byrd presented two (2) proposals for the performance of a new floodway study on Pipemakers Canal, stating that a similar proposal was approved at a prior meeting, pending Chatham County’s approval. Further, that since that time, the City was contacted by Kimley-Horn & Associates, Inc. who had already performed the preliminary work for this type of study, asking for consideration to complete the study. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers was present at the meeting, but due to there being no one representing Kimley-Horn & Associates, Inc., Councilwoman Benton made a motion to table this item. Motion was seconded by Councilman Cowart and passed without opposition.

10. Approval of Agreement for Installation & Maintenance of Roadway Lighting Systems for lighting at I-16 & I-95 interchange
Mr. Byrd presented an Agreement for Installation & Maintenance of Roadway Lighting Systems for the I-16 & I-19 interchange, stating that it is contingent upon the Department of Transportation funding the installation of the lighting. Further, that the City of Savannah, Chatham County and the City of Pooler have agreed to share in the cost of maintenance and power. Councilman Cowart made a motion to approve the Agreement, contingent upon DOT’s funding of the installation. Motion was seconded by Councilwoman Benton and passed without opposition.

11. First Reading on proposed changes to the Flood Damage Prevention Ordinance
A public hearing was held prior. Mr. Byrd noted changes made to the ordinance based on concerns that have been expressed by the Homebuilders Association of Savannah and several property owners, which resulted in a joint effort with Chatham County, to revise the definition of “critical facility”, “National Geodetic Vertical Datum (NGVD)” and “substantial improvement” and to revise the elevated building standards to allow the use of solid foundation perimeter walls. Mr. Scheer stated that Chatham County has yet to approve the amendment and therefore recommended tabling this item until such time the County adopts the amendment to their ordinance. Councilwoman Benton made a motion, seconded by Councilman Cowart, to table this item per Mr. Scheer’s recommendation. Motion passed without opposition.

Councilman Wall made a motion to adjourn to Executive Session at approximately 6:44 p.m. to discuss legal matters. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Lamb called the meeting back to order at 7:01 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:01 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 16, 2009. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Travis Cowart, Mike Royal, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Robbie Byrd and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss the proposed changes to the Flood Damage Prevention ordinance. Mr. Byrd presented an amendment to the ordinance, stating that it is based on concerns that have been expressed by the Homebuilders Association of Savannah and property owners, which resulted in a joint effort with Chatham County, to revise the definition of “critical facility”, “National Geodetic Vertical Datum (NGVD)” and “substantial improvement” and to revise the elevated building standards to allow the use of solid foundation perimeter walls. Mr. Byrd stated that Chatham County is also proposing to amend their ordinance, but have yet to do so.

There being no further discussion, the hearing was adjourned at approximately 5:49 p.m.

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