Council Minutes April 21, 2003

CITY OF POOLER
CITY COUNCIL MINUTES
April 21, 2003

The regular meeting of the Pooler City Council was held on April 21, 2003. Mayor Buddy Carter called the meeting to order at 6:00 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay, Stevie Wall and Councilwoman Billie Tyler. City Manager Dennis Baxter was present. City Attorney Steve Scheer was absent. Attorney Travis Windsor was present on his behalf. 

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

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

Report from the Standing Committees: 

FINANCE

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

PUBLIC SAFETY

Councilman Wall gave the police report. 

STREETS/DRAINAGE

Councilman Cowart reported that the street and drainage departments have performed routine maintenance and that the new street sweeper is in use. 

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance and that the Gleason Avenue water line replacement is halfway done. 

RECREATION

Councilman Seay reported that the Rama will be held this Saturday. 

PERSONNEL

Councilman Seay reported that the update of the Charter is ongoing, stating that he is waiting on comments from some members of Council. 

BUILDING/ZONING

Councilwoman Tyler reported that 17 new single family residential permits have been issued this month, totaling 115 for the year. 

Ms. Rexanna Wood and Ms. Sandy Roach addressed Council in regards to the American Cancer Society’s West Chatham Relay for Life to be held May 2-3rd at the West Chatham Middle School, asking for their support. Mayor Carter read aloud a proclamation in regards to this event. 

Mayor Carter read aloud a proclamation regarding Scottish Heritage Week on May 5-11th. 

Mayor Carter presented a resolution regarding the opposition of the City of Savannah’s proposed annexation of land in West Chatham County. Councilman Wall made a motion to approve this resolution. Motion was seconded by Councilman Bryan and passed unanimously. 

Under OLD BUSINESS the following was discussed: 

1. First Reading on ordinance regarding mixed drink excise tax

Councilman Wall stated that this item was tabled at the last meeting in order to allow the business owners affected to be present. Mr. Tommy Gruber, owner of Spanky’s Westside and Mr. Tommy Hendley, owner of Tommy’s, addressed Council with their concern over the amount of time and money that will have to be spent to effectively keep the necessary records, as well as this type of tax not being fair. Councilwoman Tyler stated that the city should seek other revenue alternatives such as the Municipal Option Sales Tax that the State Legislature is considering. Councilman Brewton stated that this type of tax would create an accounting burden on the businesses that sell liquor by the drink. Councilman Wall made a motion to deny this ordinance on First Reading. Motion was seconded by Councilman Cowart and passed with Councilman Seay opposing. 

Under NEW BUSINESS the following was discussed: 

1. Approval of revised plat for Williams Hollow Subdivision

Councilwoman Tyler presented the revised plat for Williams Hollow Subdivision, stating that a final inspection has been completed and all items have been addressed. Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve this revised plat. Motion was seconded by Councilman Brewton and passed without opposition. 

2. Approval of decorative fence at Barrington Estates

Councilwoman Tyler presented this request for approval of a decorative fence that has been placed along the right-of-way between Lots 37 and 38 in Barrington Estates Subdivision, stating that it will keep property owners from using the road to access their lots. Councilman Cowart questioned who would be responsible for the maintenance of the fence. Mr. Jeff Thomas, representing Fred Williams Homebuilder, stated that the Pine Barren Plantation Homeowner’s Association would maintain it. After discussion, Councilwoman Tyler made a motion, based on Planning & Zoning and staff recommendation, to approve this decorative fence, contingent upon the Pine Barren Plantation Homeowner’s Association being responsible for the maintenance of the fence. Motion was seconded by Councilman Bryan and passed without opposition. 

3. Approval of easement plat and acceptance of maintenance bond for the water and sewer improvements for Westbrook Clubhouse

Mr. Baxter presented this request, stating that all comments have been addressed. Councilwoman Tyler made a motion, seconded by Councilman Wall, to approve this easement plat and accept the maintenance bond for the water and sewer improvements for Westbrook Clubhouse, contingent upon the city attorney approving the bond. Motion passed without opposition. 

4. Release of performance bond/acceptance of maintenance bond for Westbrook Subdivision, Phase I

Mr. Baxter presented this request, stating that all comments have been addressed. Councilman Wall made a motion to release the performance bond and accept the maintenance bond for Westbrook Subdivision, Phase I, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Cowart and passed without opposition. 

5. Approval of exchange of maintenance bond for Westbrook Subdivision, Phase 2 and Phase 3A

Mr. Baxter presented this request from the developer of Westbrook to replace the existing letter of credit with a maintenance bond backed by a surety company, Safeco Insurance Company of America, through their contractor, Malphrus Construction Company, Inc. Mr. Scott Pacolli, representing the developer, stated that this request is being made in order to free up resources for continued development. Attorney Travis Windsor stated that he and City Attorney Steve Scheer are concerned about the bond being issued by an insurance company whose main office is out of state with offices in the State of Georgia, through a contractor whose office is also out of state. Councilman Wall stated that allowing this type of exchange would create a precedence and Councilman Cowart stated that Council should not deviate from the provisions of the ordinance. After discussion, Councilman Cowart made a motion to deny this request. Motion was seconded by Councilwoman Tyler and passed without opposition. After further discussion wherein Mr. Baxter asked that the developer be allowed to obtain the proper bonding, Councilman Cowart made a motion, seconded by Councilwoman Tyler, to approve the maintenance bond for Westbrook Subdivision, Phase 2 and Phase 3A, contingent upon the city attorney approving the bond. Motion passed without opposition. 

6. Release of performance bond/acceptance of maintenance bonds for Westbrook Subdivision, Phases 3B, 3C and 3D

Mr. Baxter presented this request from the developer of Westbrook Subdivision, stating that all comments have been addressed. Councilman Wall made a motion to approve the release of the performance bond and accept the maintenance bonds for Westbrook Subdivision, Phases 3B, 3C and 3D, contingent upon the city attorney approving the bonds. Motion was seconded by Councilwoman Tyler and passed without opposition. 

7. Release of maintenance bond for ditch piping along Quacco Road

Mr. Baxter presented this request from Fred Williams Homebuilders, stating that all comments have been addressed. Councilwoman Tyler made a motion to release the maintenance bond for the ditch piping along Quacco Road. Motion was seconded by Councilman Bryan and passed without opposition.

8. Release of maintenance bond for Creekside Subdivision

Mr. Baxter presented this request from Fred Williams Homebuilders to release the maintenance bond for Creekside Subdivision, stating that all comments have been addressed. Councilwoman Tyler made a motion to approve the release of the maintenance bond for Creekside Subdivision. Motion was seconded by Councilman Bryan and passed without opposition. 

9. Approval to reimburse developer of The Villages at Godley Station for upgrade of water lines

Mr. Baxter stated that the developer, Jerry Wardlaw Construction, has completed the up-sizing of the water lines in the northern and western tract of The Villages of Godley Station as the city requested in order to allow the area known as the “key slot” to have water available to it. After discussion, Councilman Brewton made a motion to approve this reimbursement in the amount of $38,394.40, with the funds coming from the reserve account. Motion was seconded by Councilman Wall and passed without opposition. 

10. Approval of Resolution of Submittal regarding Five Year Short Term Solid Waste Work Program

Mr. Baxter presented this resolution regarding the Solid Waste Five Year Short Term Work Program. Councilman Bryan made a motion, seconded by Councilman Cowart, to approve. Motion passed without opposition.

11. Approval of budget adjustment for 2003 for administration department

Mr. Baxter presented this budget adjustment for the administration department, decreasing account #57.9001 (contingency) by $1800.00 and increasing account #51.2903 (vehicle allowance) by $1800.00, stating that the reimbursement for Frank Howard’s use of his personal vehicle was omitted from the budget. Councilman Cowart made a motion to approve this budget adjustment. Motion was seconded by Councilman Seay and passed without opposition. 

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 6:59 p.m. Motion was seconded by Councilman Wall and passed without opposition.

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

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Date of Authorization: 2/13/08