Council Minutes May 18, 2015

CITY OF POOLER
COUNCIL MINUTES
MAY 18, 2015

 

The regular meeting of the Pooler City Council was held on May 18, 2015. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilman Bruce Allen, Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke, Councilman Mike Royal and Councilman Stevie Wall. City Manager Robbie Byrd, Finance Officer Michelle Warner and City Attorney Steve Scheer were also present. 

The invocation was given by Councilman Allen and the Pledge of Allegiance was led by Councilwoman Black.

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

The minutes of the May 4th Executive Session were approved upon a motion by Councilman Wall, seconded by Councilman Burke, with no opposition.

Report from the Standing Committees:

FINANCE
Councilman Burke presented bills in excess of $1500.00 and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY
Councilman Wall reported that the fire department responded to 152 calls since the last meeting, totaling 1208 for the year and that the police department responded to 934 calls, totaling 11,536 for the year. 

STREET/DRAINAGE
Councilwoman Benton reported that the street and drainage departments 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 
Councilwoman Black reported that baseball and softball games will conclude soon and that the farmers’ market is currently on hold.


BUILDING/ZONING
Councilman Allen reported that 10 new single family residential, one (1) attached unit and six (6) commercial permits were issued since the last meeting, totaling 64 single family, 21 attached unit and 293 commercial permits for the year, with 2481 inspections performed.

Mayor Lamb presented a 25-year service pin to Police Sergeant Randy Lindler, thanking him for his continued service.

Under OLD BUSINESS the following was discussed:

1. Harry Kyriakides’ request for hookah smoking to be “grandfathered” within the smoke-free air ordinance
Mike Vaquer, on behalf of Harry Kyriakides, the owner of Mediterranean Tavern, thanked Council for deferring this matter to allow time to further review the ordnance. Mr. Vaquer stated that 100% tobacco-free shisha is used exclusively at the restaurant and therefore, is not prohibited by the definition of “smoking” within the ordinance, which would not require hookah smoking to be “grandfathered”. Mr. Vaquer presented information as to how the City of Savannah provided for hookah smoking in their smoke-free air ordinance, noting that only 100% tobacco-free shisha is allowed. Mayor Lamb questioned who determines whether tobacco-free shisha is the only type being smoked, wherein Mr. Vaquer stated that it is up to the authorities. Mr. Scheer asked if the City of Savannah allowed electors to vote on whether the City should adopt such an ordinance, wherein Mr. Vaquer replied that they did not. Mr. Scheer stated that Pooler adopted the ordinance only after the ordinance was favored by nearly 83% of the electors. Further, that Council would be in violation of the vote if they allowed any type of smoking in public places. After discussion, Councilwoman Benton made a motion to deny Mr. Kyriakides’ request to be “grandfathered”, based on the vote of the electors, the fact that the establishment is permitted as a restaurant only and that enforcement would be virtually impossible if hookah smoking was “grandfathered”. Motion was seconded by Councilman Burke and passed without opposition. 


Under NEW BUSINESS the following was discussed:

1. Conditional use to allow construction of an assisted living care facility at 125 Southern Junction Boulevard
A public hearing was held prior. Development Associates has requested a conditional use to construct an assisted living care facility. Mr. Byrd stated that a similar request was approved in 2013, but that a conditional use permission is only valid for a period of 12 months from the date of approval. Councilman Allen made a motion to approve the conditional use, based on the request meeting all of the criteria. Motion was seconded by Councilman Burke and passed without opposition.

2. Zoning map amendment of property at the corner of Pine Barren Road and E. Highway 80 from R-A to C-2 and I-1
A public hearing was held prior. Dozier Cook has requested to re-zone approximately 9.16 acres at the corner of E. Highway 80 & Pine Barren Road, from R-A (Residential Agricultural) to C-2 (Heavy Commercial) for the 300' portion fronting on Highway 80 and I-1 (Light Industrial) for the remaining portion that fronts on Pine Barren Road. After reviewing the criteria, Councilman Wall made a motion, seconded by Councilman Allen, to approve the zoning map amendment. Motion passed without opposition.

3. Site plan for a proposed assisted living care facility at 125 Southern Junction Boulevard
Mr. Byrd presented the site plan for an assisted living senior housing apartment, consisting of 91 beds surrounded by an office park. Councilman Burke made a motion to approve the site plan. Motion was seconded by Councilman Allen and passed without opposition.

4. Minor subdivision plat for 1335 S. Rogers Street
Mr. Byrd presented a minor subdivision plat for 1335 S. Rogers Street to create one (1) parcel that will include the existing residence for financing purposes. Councilwoman Benton made a motion, seconded by Councilman Burke, to approve the plat. Motion passed without opposition.

5. Acceptance of maintenance bond/approval of final plat for Westbrook, Phase 9A
Southwest Quarter Holdings LLC has submitted the final plat and maintenance bond for Westbrook, Phase 9A. Mr. Byrd stated that Planning & Zoning and staff recommend approval. Councilman Wall made a motion to accept the maintenance bond in the amount of $116,004.00 and approve the final plat, contingent upon the city attorney approving the bond. Motion was seconded by Councilwoman Black and passed without opposition.

6. Special event permit for dart tournament to be held May 22nd - 24th at Ramada Inn, sponsored by Savannah Area Darting Association and to waive fees
Savannah Area Darting Association, a non-profit organization, is sponsoring a dart tournament to be held at the Ramada Inn May 22nd through 24th. Councilman Wall questioned whether the organization was non-profit, noting the omission of their certificate from the IRS. After discussion, Councilman Wall made a motion to approve the special event permit, with the approval to waive the fees being contingent upon the City obtaining the proper certification of the organization’s non-profit status. Motion was seconded by Councilwoman Benton and passed without opposition. 

Councilman Allen made a motion to adjourn to Executive Session at approximately 6:46 p.m. to discuss personnel, legal and real estate matters. Motion was seconded by Councilwoman Benton and passed without opposition.

Mayor Lamb called the meeting back to order at 6:58 p.m.

Councilman Wall made a motion to add Item #7 to the agenda. Motion was seconded by Councilwoman Benton and passed without opposition.

7. First Reading on amendment to Smoke-Free Air ordinance
Councilman Wall made a motion to amend the Smoke-Free Air ordinance on First Reading, to add hookah as a banned device of smoking. Motion was seconded by Councilman Royal and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:00 p.m. Motion was seconded by Councilman Royal and passed without opposition.

 

Public Hearing

 

A public hearing was held prior to the regular City Council meeting on May 18, 2015. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilman Bruce Allen, Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke and Councilman Stevie Wall. City Manager Robbie Byrd, Finance Officer Michelle Warner and City Attorney Steve Scheer were also present. 

The purpose of the hearing was to discuss:

(1) A requested conditional use to allow construction of an assisted living care facility at 125 Southern Junction Boulevard - Development Associates has submitted a conditional use request to allow construction of an assisted living care facility. Mr. Byrd stated that a similar request was approved in 2013, but that a conditional use permission is only valid for a period of 12 months from the date of approval. 


(2) A zoning map amendment of property at the corner of Pine Barren Road and E. Highway 80 from R-A to C-2 and I-1 - Travis Burke of Kern Company, on behalf of the owner, Dozier Cook, presented a zoning map amendment of approximately 9.16 acres at the corner of E. Highway 80 & Pine Barren Road from R-A (Residential Agricultural) to C-2 (Heavy Commercial) for the approximate 300' portion fronting on the corner of E. Highway 80, and I-1 (Light Industrial) for the remaining portion that fronts directly onto Pine Barren Road. 

There being no further discussion, the hearing was adjourned at approximately 5:48 p.m.

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