Council Minutes November 21, 2005

CITY OF POOLER
CITY COUNCIL MINUTES
November 21, 2005


The regular meeting of the Pooler City Council was held on November 21, 2005. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Bruce Allen, Larry Olliff, Mike Royal, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter 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 Olliff, with no opposition. 

Report from the Standing Committees: 

FINANCE

Councilman Olliff presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilwoman Benton and passed without opposition. 

PUBLIC SAFETY

Chief Jay Hillis reported that the fire department responded to 83 calls this month and the six (6) firefighters attended an extrication class last week. 

STREETS/DRAINAGE

Councilman Seay reported that the street and drainage departments have 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

Councilman Royal reported that the football season is almost over and that the mini pee wee and midget teams remain undefeated. 

BUILDING/ZONING

Councilwoman Benton reported that 13 new single family residential (325 year-to-date), four (4) attached residential (39 year-to-date) and four (4) commercial permits have been issued since the last meeting, with 7307 inspections performed.

Under OLD BUSINESS the following was discussed: 

1. Approval of preliminary construction plans for “The Grove” at Brighton Woods Subdivision

Mr. Baxter presented the preliminary construction plans for “The Grove” at Brighton Woods, stating that this item was tabled several meetings ago to allow the developer to meet with the residents and address their concerns, which has taken place and the developer has now revised the construction plans. Mayor Lamb asked the city attorney to comment on this request, wherein Mr. Scheer replied that the Council needed to carefully consider this matter, since the subdivision was originally approved in 1985, and that the city cannot tell someone they cannot use their property to its highest and best use. Further, that there is potential for a lawsuit and that there is no room for error. Mayor Lamb asked for public comment, wherein several residents presented concerns about traffic and drainage. Dwayne Johnsen, resident in Brighton Woods Subdivision, stated that his property value is not increasing like other property in the city and that the city has issues to be worked out before this subdivision is approved. Robert Morgan, resident on Winskie Road, expressed concern over the fact that this area already has drainage and traffic problems, questioning what will happen to property on the other side of this proposed development and whether there is a way for this property to be developed safely. Roger Livingston, resident in Brighton Woods, asked what the city was going to do if there is a problem with flooding, stating that the water has to go somewhere. Attorney Harold Yellin, on behalf of the developers, Alan Emerick and Frank Brunson, reminded the Council that this request is not for re-zoning, that the petition is to develop this property as a residential subdivision, which has been planned since 1985. Further, that the plans meet the city’s ordinance requirements and that no variances are being requested. Mr. Yellin stated that the developer is mindful that the neighbors do not want this subdivision, but that their concerns have been addressed with a traffic study being performed and the plans being revised to provide for the drainage being routed to a detention pond and the culvert pipe crossing at the end of Brighton Woods Drive being upgraded from a single 24" to a new 30" culvert. Sheila Seymour, resident in Brighton Woods, asked that the Council look at all the development which has occurred since 1985 and to remember the flood of 1994, reiterating the fact that there already is a problem in this area. Betty Stuckey, resident on Winskie Road, stated that in 1994 a subdivision proposed off Winskie Road was denied. Councilman Wall stated that the city has done a lot of things that didn’t have to be done and has the responsibility to do what is right and that the developer has met with the residents, made several revisions to the plans, including raising the elevation from 16' to 18' for the base flood elevation, had a traffic study performed, are proposing curb and gutter and sidewalks, upgrading the detention pond, rerouting the drainage, eliminating Lot 1and increasing the size of the detention pond, upgrading the culvert from 24" to 30" and have attempted a second entrance through the lumber mill but were denied and further that the developer has offered to provide a recreational area and place a sidewalk on Brighton Woods Drive to Highway 80 which the residents did not want. After further discussion, Councilman Wall made a motion to approve these preliminary construction plans, contingent upon no building permits being issued until all improvements are accepted by the city and the developer re-surfacing Brighton Woods Drive as agreed upon. Motion was seconded by Councilman Allen and passed without opposition. Ms. Seymour asked that time restrictions be placed on construction traffic. Mr. Scheer stated that this could be addressed as a public safety issue. Mr. Livingston requested that the Council take a second look at this project. 

Under NEW BUSINESS the following was discussed: 

1. Approval of site plan for the Peacock Retail Center located at 423 W. Highway 80

Mr. Baxter presented the site plan for a proposed retail center adjacent to the Video Warehouse on Highway 80, stating that all of Planning & Zoning’s comments have been addressed. After discussion, Councilwoman Benton made a motion, seconded by Councilman Allen, to approve the site plan. Motion passed without opposition. 

2. Approval of takedown plat of a portion of Lot A-2 and B for South Godley Enterprises, LLC

Councilwoman Benton recused herself from any discussion or approval of this item. Mr. Baxter presented a takedown (subdivision) plat of a portion of Lot A-2 and B for South Godley Enterprises, LLC to create two (2) commercial tracts and to provide an access easement to the tracts, stating that the property owner has posted a letter of credit to cover the cost of the improvements. Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers was present to answer any questions. Mr. Scheer stated that there is a problem with the letter of credit. Rebecca C. Benton, adjacent property owner, stated that this property was subdivided prior, unaware to her, by another engineering firm who did not bring it through Council and questioned how this could have happened. Mr. Wohlfeil replied that there is a state code that allows property with certain criteria to be subdivided without the city’s approval. After discussion, Councilman Wall made a motion to approve this plat, contingent upon all legal requirements being met and the city attorney approving the letter of credit. Motion was seconded by Councilman Olliff and passed without opposition. Councilwoman Benton returned to her council seat. 

3. Approval of Morgan Family takedown plat of 150.62 acres (Parcel D-7) for transfer of property

Mr. Baxter presented a takedown (subdivision) plat of 150.62 acres (Parcel D-7) for transfer of property, stating that the Morgan Family has a potential buyer for this land. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this plat. Motion passed without opposition. 

4. Approval of construction plan for Phase II of East Haven Boulevard

Mr. Baxter presented the construction plan for Phase II of East Haven Boulevard, a main roadway extension from Hamilton Grove Subdivision to future development to provide a connection to the back of The Gates Subdivision, stating that this project is in accordance with the approved master plan and that all the engineer’s comments have been addressed. Councilman Wall made a motion to approve the construction plan for Phase II of East Haven Boulevard, contingent upon EPD approval. Motion was seconded by Councilman Allen and passed without opposition. 

5. Acceptance of maintenance bond/approval of final plat for Phase I of “The Retreat” at Forest Lakes in Godley Station

Mr. Baxter presented this request from the developer of “The Retreat” for final plat approval of Phase I which is part of the Forest Lakes PUD consisting of 38 townhomes. After discussion, Councilman Allen made a motion to accept the maintenance bond and approve the final plat for Phase I of “The Retreat”, contingent upon the city attorney approving the bond. Motion was seconded by Councilwoman Benton and passed without opposition. 

6. Approval of site plan for Westbrook Clubhouse in Savannah Quarters

Mr. Baxter presented the site plan for Westbrook Clubhouse in Savannah Quarters, stating that Planning & Zoning and staff have recommended approval. Councilwoman Benton made a motion to approve this site plan. Motion was seconded by Councilman Olliff and passed without opposition. 

7. Approval of takedown plat of a 17.765 acre portion of Tract 12, Southwest Quadrant of Savannah Quarters

Mr. Baxter presented a takedown (subdivision) plat of a 17.765 acre portion of Tract 12, stating that the plat has been revised to match the right-of-way plan since the roadway alignment for East Haven Boulevard was shifted. Councilman Allen made a motion, seconded by Councilwoman Benton, to approve this subdivision plat. Motion passed without opposition. 

8. Acceptance of performance bond/approval of final plat for Westbrook Subdivision, Phase 4B

Mr. Baxter presented this request from the developer of Westbrook Subdivision, Phase 4B, for final plat approval of this Phase which consists of 25 single-family residential lots located at the western end of Spanton Crescent, stating that the infrastructure is not complete, therefore, the developer has posted a performance bond in order for the plat to be recorded. Councilman Wall made a motion to accept the performance bond and approve the final plat for Westbrook Subdivision, Phase 4B, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Allen and passed without opposition. 

9. Award bid for R-8 Regional Lift Station and Force Main project

Mr. Baxter presented bids for the R-8 Tract Regional Lift Station and Force Main project, stating that the city’s engineer has recommended the contract be awarded to the low bidder, Terry R. Lee Contracting Co., Inc. Councilman Wall questioned where the money was coming from, which Mr. Baxter replied that the money could be taken out of reserves or the city could apply for a GEFA loan, with capital cost recovery fees being adopted to repay the loan. After discussion, Councilman Wall made a motion, seconded by Councilman Olliff, to award the bid in the amount of $562,622.00 to the low bidder, Terry R. Lee Contracting Co., Inc. Motion passed without opposition. Mr. Baxter was instructed to begin the process of securing a GEFA loan. 

10. Approval of addendum to lease agreement with Memorial Health Transportone, Inc.

Mr. Baxter presented this request from Bob Colvin, President and CEO of Memorial Health TransportOne, Inc., to amend this lease agreement to provide for automatic renewal for successive terms of one (1) year each, stating that this lease is for the EMTs to stay at the fire station. After discussion, Councilman Wall made a motion to approve this addendum. Motion was seconded by Councilwoman Benton and passed without opposition. 

11. Approval of agreement with Jerry Konter to construct model homes

Mr. Baxter stated that Jerry Konter has requested to be allowed to construct the amenities and model homes in his subdivision on Pine Barren Road while the roads are being constructed. Mr. Scheer presented an agreement to allow this construction, stating that the developer has agreed to certain terms. Councilman Wall expressed concern over allowing homes to be built prior to the improvements being accepted by the city and made a motion to table this item. Motion was seconded by Councilman Seay and passed without opposition. 

12. First Reading on adoption of “Procedures for Administration and Enforcement of the Zoning Ordinance”

A public hearing was held prior. Mr. Baxter stated that the Planning and Zoning Commission was instructed at the GAZA workshop that these procedures should be adopted separately and not as part of the zoning ordinance. Councilman Wall made a motion to adopt the “Procedures for Administration and Enforcement of the Zoning Ordinance” on First Reading. Motion was seconded by Councilman Allen and passed without opposition. 

13. First Reading on adoption of the City of Pooler Zoning Ordinance

A public hearing was held prior. Mr. Baxter presented this request to adopt the City’s zoning ordinance separately and not as part of the zoning ordinance, per the same instructions outlined in Item #12. Councilman Wall made a motion, seconded by Councilman Allen, to adopt the City of Pooler’s Zoning Ordinance on First Reading. Motion passed without opposition. 

14. First Reading on adoption of “The Official Zoning Map of the City of Pooler”

Councilwoman Benton recused herself from any discussion or approval of this item. A public hearing was held prior. Mr. Baxter presented this request to adopt the “Official Zoning Map of the City of Pooler” as instructed at the GAZA workshop. Rebecca C. Benton, resident, stated that her property, PIN 5-17-1-1, was re-zoned without notice to her or her predecessors, to a use that cannot be used and that she will be bringing a petition to the city next year for a re-zoning that can be used. Councilman Allen made a motion to adopt “The Official Zoning Map of the City of Pooler”. Motion was seconded by Councilman Royal and passed without opposition. Councilwoman Benton returned to her council seat. 

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:35 p.m. to discuss legal and personnal matters. Motion was seconded by Councilman Allen and passed without opposition. 

Mayor Lamb called the meeting back to order at 8:02 p.m. 

Councilman Wall made a motion to settle the case with Gulf Insurance with the terms negotiated by the city attorney and the city’s engineer. Motion was seconded by Councilman Allen and passed without opposition. 

There being no further business to discuss, Councilman Allen made a motion to adjourn at approximately 8:03 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Public Hearing 

A public hearing was held on November 21, 2005, prior to the regular City Council meeting. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Bruce Allen, Larry Olliff, Mike Royal, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. 

The purpose of this hearing was to discuss: 

1) The adoption of the “Procedures for Administration and Enforcement of the Zoning Ordinance” - Mayor Lamb presented the “Procedures for Administration and Enforcement of the Zoning Ordinance”, stating that Planning & Zoning members were instructed at the GAZA workshop to have these procedures adopted separately and not as part of the zoning ordinance. 

There being no further discussion on this item, the hearing was adjourned at approximately 5:47 p.m. Mayor Lamb called the next hearing to order at 5:47 p.m. and the following was discussed: 

2) The adoption of the City of Pooler Zoning Ordinance - Mayor Lamb presented the City of Pooler Zoning’s Ordinance stating that Planning & Zoning members were instructed at the GAZA workshop to have these procedures adopted separately and not as part of the zoning ordinance. 

There being no further discussion on this item, the hearing was adjourned at approximately 5:48 p.m. Mayor Lamb called the next hearing to order at 5:48 p.m. and the following was discussed: 

3) The adoption of “The Official Zoning Map of the City of Pooler” - Councilwoman Benton recused herself from any discussion on this item. Mayor Lamb presented “The Official Zoning Map of the City of Pooler”, stating that Planning & Zoning members were instructed at the GAZA workshop to have these procedures adopted separately and not as part of the zoning ordinance. Rebecca Benton, resident and owner of PIN 5-17-1-1, stated that the zoning (which she objects to) shown on the map for her property was done without notice or knowledge to her or her predecessors and was zoned to a use that it cannot be put. Further, that she will be submitting a petition for re-zoning next year for a more appropriate zoning. 

There being no further discussion on this item, the hearing was adjourned at approximately 5:51 p.m

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
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