Council Minutes October 19, 2009

CITY OF POOLER
CITY COUNCIL MINUTES
October 19, 2009


The regular meeting of the Pooler City Council was held on October 19, 2009. Mayor Mike Lamb called the meeting to order at 6:25 p.m. (delayed due to the public hearing held prior). Present were Councilmen Bruce Allen, 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 invocation was given by Councilman Allen 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 Allen, with no opposition.

Report from the Standing Committees:
FINANCE
Councilman Seay presented the accounts payable information for September, and made a motion to approve the bills for October that are in excess of $1500.00, subject to availability of funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY
Councilman Allen stated that the police department responded to 1180 calls during the period of October 2nd through October 15th totaling 25,161 calls for the year and reported that the fire department responded to 113 calls this month.

STREET/DRAINAGE/ PARKS & TREES
Councilman Cowart reported that the street, drainage and parks and trees departments have performed routine maintenance and that yard debris will be picked up during the week of October 26th through the 30th. 

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
Councilman Royal reported that football and soccer games continue.

BUILDING/ZONING
Councilwoman Benton reported that 12 new single family residential permits have been issued since the last meeting, totaling 125 residential permits for the year, with 3216 inspections performed year to date.

Ann Purcell, candidate for State House Representative 159, addressed Council in regards to the upcoming special election.

Under OLD BUSINESS the following was discussed:

1. Mr. Aaron Stewart in regards to left turn light at Rogers Street/westbound
Highway 80 intersection 
Mr. Stewart addressed Council in regards to problems he is experiencing with traveling through the intersection of Rogers Street and westbound Highway 80, asking that a left turn arrow be added to provide safety at the intersection. Mr. Byrd presented a copy of a letter he has written to the Department of Transportation requesting a study be performed to see if a turn light is warranted. Mr. Stewart added that he is still experiencing problems with stray dogs going into his yard. Mayor Lamb reminded Mr. Stewart to contact Chatham County Animal Control.

2. Second Reading on amendment to solid waste ordinance regarding wheeled containers
Mr. Byrd presented an amendment to the solid waste ordinance to provide that all residents, whether homeowner or lessee, be responsible for the $75.00 non-refundable deposit for the wheeled containers each time trash service is established. Further, that a fee for re-delivery of repossessed containers (due to non-payment within 60 days from the due date) be provided and charged to the utility account, with re-delivery only upon payment of this fee and the account in full. Councilman Cowart made a motion, seconded by Councilman Allen, to approve the amendment on Second Reading. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Requested zoning map amendment of 2.26 acres at 5146 Old Louisville Road from RA-L to R-A
A public hearing was held prior wherein several residents expressed opposition to this request. Jackie Tatum, petitioner, stated that she is willing to provide additional right-of-way to allow the road to be widened, as mentioned in the public hearing. Karen Gold, DVM, added that protective covenants will be placed on the deed to not allow mobile homes, as discussed in the Planning & Zoning meeting. Councilman Wall stated that he appreciated how well prepared the petitioner was and made a motion, after review of the criteria, to deny the zoning map amendment, based on the residents’ opposition, spot zoning and potential traffic problems on an already substandard road. Motion was seconded by Councilman Allen and passed with Councilman Cowart opposing. Leo McKittrick, real estate agent, addressed Council, stating that the proposed use will not decrease property values, but with the improvements, will add to the values.

2. Requested 12' side setback variance to meet regulations for a proposed animal boarding “doggie daycare” at 5146 Old Louisville Road
A public hearing was held prior wherein several residents expressed opposition of the zoning map amendment that is related to this request. Councilman Allen made a motion, seconded by Councilman Royal, to deny the requested variance. Motion passed with Councilman Cowart opposing.

3. Requested conditional use to operate a wholesale/retail auto sales company at
807 W. Highway 80
A public hearing was held prior wherein no opposition was presented. Councilman Wall made a motion to approve the conditional use, contingent upon there being no mechanical work performed on the site, a maximum of eight (8) cars being allowed on the paved area on the site at any time and transport vehicles being prohibited from the site. Motion was seconded by Councilman Allen and passed without opposition.

4. Approval of site plan for Savannah Tire at 120 Foxfield Way
Mr. Byrd presented the site plan for Savannah Tire to be located at 120 Foxfield Way, stating that Planning & Zoning have recommended approval with staff recommending approval contingent upon the letter referenced in the review
comment #4 addressing the construction easement being provided. Councilwoman Benton made a motion to approve the site plan, contingent upon the aforementioned letter being submitted. Motion was seconded by Councilman Cowart and passed without opposition.

5. Award bid for intersection improvements and traffic signal installation at Pooler Parkway & Godley Station Boulevard
Mr. Byrd presented bids for intersection improvements and installation of a traffic signal at the intersection of Pooler Parkway and Godley Station Boulevard, noting the low bid in the amount of $176,700.00. Councilman Allen made a motion, seconded by Councilwoman Benton, to award the bid to the low bidder, Griffin Contracting, Inc. Motion passed without opposition.

6. Approval of Memorandum of Agreement for participation in the SAVE (Systemic Alien Verification for Entitlements) Program
Mr. Byrd presented a Memorandum of Agreement with U.S. Citizenship and Immigration Services to participate in the SAVE (Systemic Alien Verification for Entitlements) Program which is mandated by the State of Georgia. Mr. Byrd stated that the fee for participating is a minimum of $25.00 per month. Further, that this Program has been established for the purpose of verifying citizenship and immigration status or non-citizen and naturalized or derived U.S. citizen applicants applying for public benefits. Councilman Allen made a motion to approve the Memorandum of Agreement. Motion was seconded by Councilwoman Benton and passed without opposition.

7. Amendment to Schedule of Fees regarding fee for delivery of repossessed trash carts
Mr. Byrd presented an amendment to the Schedule of Fees to provide for a $25.00 fee for delivery of repossessed trash carts (wheeled containers) as stated in the solid waste ordinance amendment previously approved in Item #2 under Old Business. Councilman Wall made a motion to approve the amendment to the Schedule of Fees. Motion was seconded by Councilman Allen and passed without opposition.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:14 p.m. Motion was seconded by Councilman Allen and passed without opposition.

Public Hearing

A public hearing was held prior to the regular City Council meeting on
October 19, 2009. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Bruce Allen, 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:

(1) Requested zoning map amendment of 2.26 acres at 5146 Old Louisville Road from RA-L to R-A - Jackie Tatum presented a request to re-zone 2.26 acres located at 5146 Old Louisville Road from a Residential-Agricultural, Limited district to Residential-Agricultural to allow her to operate an animal boarding “doggie daycare” (without overnight boarding) on the property. Ms. Tatum stated that she has been a veterinary assistant for over 20 years and that along with her partner, Karen Gold, DVM, they would like to provide a service which is not currently available in Pooler, which will be governed by the US Department of Agriculture and licensed to allow a maximum of 20 dogs on the property. Further, that only four (4) to seven (7) dogs will be outside at anytime in a fenced-in area with their “play” area being well within the 100' required distance from the property lines. Rhonda Rahn Pippin, adjacent property owner, expressed opposition of this request, stating that 20 dogs will cause a noise nuisance, even when indoors, noting the house on the property has 19 windows. Ms. Pippin requested, if the re-zoning is approved, that the privacy fence be 100' from her property and the driveway be paved. William J. Hunter and Ping Tyner, residents on Old Louisville Road, presented concern over the fact that the road is substandard and should be widened before any re-zoning is approved, adding that additional right-of-way is needed from property owners before this can do done. Ms. Tatum stated that she is willing to provide right-of-way.

(2) Requested 12' side setback variance to meet regulations for a proposed animal boarding “doggie daycare” at 5146 Old Louisville Road - Ms. Tatum presented a request for a 12' side setback variance at 5146 Old Louisville Road to allow, if the previous re-zoning request is approved, a proposed animal boarding “doggie daycare” to locate on the property. Regulations of the City’s ordinance require all pens, runs or buildings housing such animals are located at least 100 feet away from any property line. 

(3) Requested conditional use to operate a wholesale/retail auto sales company at 807 W. Highway 80 - Amber Sills and James Manka presented a request for approval of a conditional use to allow them to operate a wholesale/retail auto sales company at 807 W. Highway 80. Ms. Sills stated that transporters would not be deliver vehicles to the site nor would there be any mechanical work performed. Further, that there would be a maximum of seven (7) to eight (8) vehicles on the paved area of the property at any time. 
There being no further discussion, the hearing was adjourned at approximately 6:20 p.m.

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

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Date of Authorization: 2/13/08