Council Minutes November 17, 2008

NOVEMBER 17, 2008

The regular meeting of the Pooler City Council was held on November 17, 2008. Mayor Mike Lamb called the meeting to order at 6:00 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 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 Councilman Allen, seconded by Councilman Wall, with no opposition.

Report from the Standing Committees:
Councilman Seay presented the accounts payable information for October.


Councilman Allen reported that the police department responded to 1134 calls from November 4th through November 16th and that the fire department responded to 78 calls. Fire Chief Wade Simmons reported on the recent house fire on Moore Avenue. Councilman Wall presented concern over the fact that there is still a good portion of the house remaining, asking that the code enforcement officer notify the owner about the City’s nuisance ordinance.


Councilman Cowart reported that the street, drainage and parks and trees departments have performed routine maintenance.


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


Councilman Royal reported that fall tumbling sessions continue and that football and cheerleading banquets are scheduled.


Councilwoman Benton reported that four (4) new single family residential permits and one (1) commercial permit has been issued since the last meeting, totaling 169 residential and 48 commercial permits for the year, with 6755 inspections performed.

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed:

1. Requested conditional use for beer and wine sales by the drink at Little Italy Pizza & Subs at 708 W. Highway 80

A public hearing was held prior. Rosa and Kerry Campbell presented this request for a conditional use to sell beer and wine by the drink to eat-in customers at Little Italy Pizza & Subs, stating that the hours of operation are from 11:00 a.m. until 9:00 p.m., Monday through Thursday and from 11:00 a.m. until 10:00 p.m., Friday and Saturday, with the restaurant closed on Sundays. Councilman Wall questioned whether the widening of the entrance on Highway 80 had been approved by the Department of Transportation and also if plans have been made to improve the curb cut on Durden Drive. Mr. Campbell presented an approval letter from DOT for a period of one (1) year, adding that he is still seeking bids on having the work performed. After discussion, Councilman Wall made a motion, based on the request meeting the criteria for granting a conditional use, to approve the conditional use, contingent upon the widening of the Highway 80 and Durden Drive entrance/exit being completed by October 2009 or the restaurant’s alcohol license will be revoked. Motion was seconded by Councilman Cowart and passed with Councilman Allen opposing.

2. Requested 265 sq. ft. building setback variance encroachment for Lot 15, Westside Business Park

A public hearing was held prior. The developer of Westside Business Park, 2195 Developer’s LLC, has requested a 265 sq. ft. building setback variance encroachment for Lot 15. Mr. Byrd stated that this lot has road frontage with a 60' setback on three (3) sides with a cul-de-sac at the rear of the lot, creating a hardship for the building placement/required parking. This variance will allow the building within the building setback at the cul-de-sac which is a minimal encroachment based on the current site plan. After discussion, Councilwoman Benton made a motion, based on the request meeting #1 and #2 of the criteria for granting a variance, to approve the setback variance encroachment. Motion was seconded by Councilman Wall and passed without opposition.

3. Approval of recombination plat of Lots 3 and 4 of a subdivision of Parcel 1-A, Pooler Development Park

Livingood’s Appliance Center, owner, has requested a recombination of Lots 3 and 4 of a subdivision of Parcel 1-A, a portion of Pooler Development Park Subdivision in order to create more conforming lot lines. Mr. Byrd stated that Planning & Zoning and staff have recommended approval. Councilman Allen made a motion, seconded by Councilwoman Benton, to approve the recombination plat. Motion passed without opposition.

4. Acceptance of traffic light at Pooler Parkway & S. H. Morgan Parkway 

John Morgan of AMB Corporation was present and stated that the traffic light at Pooler Parkway & S. H. Morgan Parkway has been installed and is ready for the City to take over. Mr. Byrd stated that he has presented a check representing funds received from Oakmont and Commonwealth for their proportionate share of the light to Mr. Morgan. Councilman Wall made a motion to accept the light, contingent upon a final inspection being performed. Motion was seconded by Councilman Allen and passed without opposition.

5. Appointment of new Pooler Development Authority board member

Mr. Byrd stated that there is a vacancy on the Pooler Development Authority Board and therefore, Councilman Cowart made a motion to appoint Phil West to serve, pending his acceptance. Motion was seconded by Councilwoman Benton and passed without opposition.

Councilman Allen made a motion to adjourn to Executive Session to discuss legal and personnel matters at approximately 6:46 p.m. and, further, to move Item #6 to be discussed following the Executive Session. Motion was seconded by Councilman Wall and passed without opposition.

Mayor Lamb called the meeting back to order at 7:08 p.m.

6. Discussion concerning City holiday dinner

Mr. Byrd stated that it was the general consensus of the City employees that they would rather not have a holiday dinner and therefore, Councilman Seay made a motion to approve each eligible employee to receive a $150 gift in lieu of the dinner. Motion was seconded by Councilman Cowart and passed without opposition. City Attorney Steve Scheer stated that he would look into the IRS regulations regarding monetary gifts.

Aaron Stewart, resident on N. Newton Street, asked Council about the time to call City Hall to request an item to be placed on the agenda. Councilman Wall replied that he needed to call no later than the Wednesday prior to the meeting.

Steve Hartley, resident, presented a complaint regarding the number of business advertising signs in the City’s rights-of-way, asking that the owners be fined for violating the ordinance.

There being no further business to discuss, Councilman Allen made a motion to adjourn at approximately 7:12 p.m. Motion was seconded by Councilman Cowart and passed without opposition.

City of Pooler, GA | 100 SW US HW 80, Pooler, GA 31322
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Police Department: (912) 748-7333