CITY OF POOLER
CITY COUNCIL MINUTES
APRIL 7, 2008
The regular meeting of the Pooler City Council
was held on April 7, 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
Councilwoman Benton, seconded by Councilman
Cowart, with no opposition.
Report from the Standing Committees:
FINANCE
Councilman Seay presented the accounts payable
information for March.
PUBLIC SAFETY
Councilman Allen reported that the fire
department responded to 48 calls since the last
meeting. Further, that the police department
responded to 2026 calls from March 14th through
April 2nd.
STREET/DRAINAGE/PARKS & TREES
Councilman Cowart reported that the electronic
recycling held recently was a success and the
roadside grass cutting has begun.
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 baseball and
softball games begin on the 14th, with 19
baseball and eight (8) softball teams
participating. Further, that there are
14 t-ball teams registered to begin playing
soon.
BUILDING/ZONING
Councilwoman Benton reported that 13 new single
family residential, 19 attached unit and two (2)
commercial permits have been issued since the
last meeting, totaling 58 residential, 27
attached unit and 20 commercial permits for the
year, with 2592 inspections performed.
Mayor Lamb presented a five (5) year service pin
to Shelly Cromwell, Finance Officer, thanking
her for her service.
Mayor Lamb presented the Certificate of
Achievement in Financial Reporting for 2006 to
Ms. Cromwell and members of the Finance
Department, including Assistant Finance Officer
Shannon Garrett, Purchasing Agent Connie Ellis,
Payroll Clerk Lynn Wilson and Accounting Clerk
Linda Lucas, expressing appreciation of the hard
work the ladies have performed in receiving this
award.
Police Chief C. E. Chan recognized Sergeant
Karen Zantow in regards to her recent attendance
at the National Forensics Academy. Sergeant
Zantow thanked Council for allowing her to
attend the Academy.
Under OLD BUSINESS the
following was discussesd:
1. Acceptance of gift deed from
Wiregrass Holdings, LLC for property on Dean
Forest Road
Mr. Byrd presented a gift deed from Wiregrass
Holding’s, LLC for property on Dean Forest Road
that has been donated to the City for a future
well site, stating that the plat has been
revised to remove the 100' buffer from Lot 2 of
the Dean Forest Business Park. Councilman Allen
made a motion to accept the gift deed. Motion
was seconded by Councilman Cowart and passed
without opposition.
Under NEW BUSINESS the
following was discussed:
1. Requested zoning map amendment of 6.3
acres east of I-95 across from the intersection
of Pine Barren Road and A.J. Garcia Road from
R-A to I-1
A public hearing was held prior. Mr. Byrd
presented this request from MSBP Partners, LLC
to re-zone approximately 6.3 acres from R-A
(residential-agricultural) to
I-1 (light industrial) to make the tract more
consistent with the “Mega Site Business Park”,
which it is considered a part of. After
discussion, Councilman Wall made a motion,
seconded by Councilman Allen, to approve the
zoning map amendment. Motion passed without
opposition.
2. Requested 1.2' front setback variance
on the northwest corner of a single-family
dwelling and a 10.5' setback variance on the
southeast corner of the existing garage at 1064
Woodland Drive
A public hearing was held prior. My Byrd
presented this request from Shoreline
Properties, LLC for a 1.2' front setback
variance on the northwest corner of a
single-family dwelling and a 10.5' setback
variance on the southeast corner of the existing
garage at 1064 Woodland Drive, stating that the
encroachments are needed due to the fact that
the footprint of the house was laid out
incorrectly by the contractor. After discussion,
Councilman Wall made a motion to approve the
variance, contingent upon requiring property
strings to be pulled from property lines for
setback compliance prior to inspecting any
foundations/footers. Motion was seconded by
Councilman Seay and passed without opposition.
3. Approval of revised plat of Lowe’s
Home Center and five (5) outparcels
Mr. Byrd presented the revised plat for the
Lowe’s Home center and the five (5) outparcels,
stating that Lot 1 was inadvertently recorded as
16.64 acres and that the correct acreage is
16.32 acres. Councilman Wall made a motion to
approve the revised plat. Motion was seconded by
Councilman Cowart and passed without opposition.
4. Approval of sketch plan of a proposed
right-in/right-out access to West Properties on
Pooler Parkway
Mr. Byrd presented a sketch plan of the proposed
right-in/right-out access to West Properties on
northbound Pooler Parkway, north of Highway 80,
stating that the property is currently
undeveloped. Steve Wohlfeil of Hussey, Gay, Bell
& DeYoung Engineering, Inc. was present on
behalf of the property owner. Councilman Wall
recommended that the two (2) owners meet with
Mr. Byrd about other pending issues involving
the property and made a motion to table this
item. Motion was seconded by Councilman Allen
and passed without opposition.
5. Approval of sketch plan of the
proposed Benton Boulevard Extension
Councilwoman Benton stepped down from her seat.
Mr. Byrd presented this request from South
Godley Developers for approval of the proposed
Benton Boulevard Extension, stating that
Planning & Zoning and staff have recommended
approval, contingent upon the right-of-way being
extended to Pipemaker’s Canal at the least.
Attorney Phillip McCorkle, representing the
developer, presented opposition of the sketch
plan based on the fact that the road will not be
for a public purpose and that if for some reason
it was, who would be responsible for paying for
it. Further, that Planning & Zoning’s
recommendation to extend the road to at least
Pipemaker’s Canal is questionable, that his
client’s property is valued at $150,000/acre and
this recommendation would cause his client to
lose over four (4) acres of land, causing a
taking of his client’s property for the benefit
of only one (1) landowner. In addition, Mr.
McCorkle stated that the adjacent property is
accessible by five (5) streets. Mr. McCorkle
cited recent legislature which provided for more
protection for property owners in regards to
“eminent domain”, adding that the law allows for
public use when applicable. Councilman Wall
stated that the five (5) roads mentioned are
substandard in nature and not suitable for
access to any future development. Attorney
Harold Yellin, representing adjacent property
owner Rebecca Benton, questioned the plan on how
the segments of the roads tie together, stating
that the petitioner has told Ms. Benton that she
would not be landlocked. Mr. Yellin reiterated
the fact that Benton Boulevard should be
extended to the Canal, adding that the Chatham
Urban Transportation Study (CUTS) plan shows
some sort of road going across the Canal with
the future extension “done by others”. Further,
that the original Godley Station PUD and the
preliminary plan for “The Marketplace” show an
extension of Benton Boulevard and agreed that
citizens do not want any type of activity that
will overwhelm the five (5) substandard roads
mentioned earlier. Mr. Yellin stated that there
is no “nexus” presented in the sketch plan and
that Planning & Zoning’s recommendation is the
most logical, fair and reasonable plan for
future development. Councilman Cowart questioned
if there were any court cases which would cause
a city to require property values being
decreased to benefit another property. Mr.
Scheer replied that there are no known cases.
Councilman Wall stated that due to the legal
issues presented, he would like the property
owners to discuss the matter and work on a
solution and therefore, made a motion to table
this item. Motion was seconded by Councilman
Cowart and passed without opposition.
Councilwoman Benton returned to her seat.
Councilman Cowart departed the meeting.
6. Approval of engineering proposal for
design of 16" water main along Pooler Parkway
Mr. Byrd presented a proposal from Hussey, Gay,
Bell & DeYoung, Inc. for the design of a 16"
water main to provide upgraded water service and
fire protection to the area south of I-16,
stating that this project will be paid for by a
Georgia Environmental Facilities Authority
(GEFA) loan. After discussion, Councilman Wall
made a motion to approve the proposal in an
amount not to exceed $52,250.00. Motion was
seconded by Councilman Allen and passed without
opposition.
7. Approval of engineering proposal for
additional fees for water, sewer and stormwater
mapping
Mr. Byrd presented this request from Hussey,
Gay, Bell & DeYoung, Inc., stating that the
original proposal to provide mapping services
for water, sewer and stormwater was based on an
estimate of 210 drawings. After reviewing their
files, a total of 870 drawings were found and
have been scanned and geo-referenced as part of
a digital system map viewer for the City.
Therefore, an additional amount of $15,000.00 is
being requested in this proposal. Bill Lovett of
HGB&D stated that there could be more maps made
available in the future, which will be
considered in another proposal. After
discussion, Councilman Wall made a motion to
approve the proposal, not to exceed $15,000.00.
Motion was seconded by Councilwoman Benton and
passed without opposition.
8. Approval of alcoholic beverage
license for Hemin R. Patel at Excell Mart
Mr. Byrd presented a requested alcoholic
beverage license (retail beer and wine sales)
for Hemin R. Patel, who is purchasing the Chu’s
Convenience Mart at 1024 E. Highway 80, stating
that Chief Chan has recommended approval.
Councilman Wall made a motion, seconded by
Councilwoman Benton, to approve the license.
Motion passed with Councilman Allen opposing.
9. Approval of alcoholic beverage
license for Myrtice Morrison at Dizzy Dean’s
Restaurant
Mr. Byrd presented an application for alcoholic
beverage (liquor, beer and wine) sales for
Myrtice Morrison at the proposed Dizzy Dean’s
Restaurant at 1108 E. Highway 80 where Foster’s
Steakhouse Tavern once operated. Councilman Wall
made a motion to approve the license, including
Sunday sales. Motion was seconded by
Councilwoman Benton and passed with Councilman
Allen opposing.
10. Approval of budget adjustment for
the general fund (solid waste)
Mr. Byrd presented a budget adjustment to
transfer $14,935.00 from the General Fund
Reserve account to an account set up for the
Solid Waste Management Plan (approved by Council
on March 17, 2008). Councilman Wall made a
motion to approve the budget adjustment. Motion
was seconded by Councilman Allen and passed
without opposition.
Charles Archer, resident, addressed Council in
regards to whether a traffic light is proposed
on top of I-16 at Pooler Parkway, similar to
what has been installed at I-95 and Pooler
Parkway. Mr. Byrd replied that plans for such a
light are being reviewed by the Department of
Transportation, awaiting approval.
Jackie Carver, Zoning Administrator, addressed
Council in regards to the Dorsey property on E.
Highway 80 which was re-zoned on February 4,
2008, with several conditions being placed. Ms.
Carver stated that after inspecting the
property, it was found that the required privacy
fence did not extend the entire length of the
property on Old Louisville Road, asking for
clarification on the intent of the motion for
approval. Mr. Scheer questioned whether the
portion of area along Old Louisville Road that
is not fenced was part of the 20.74 acres that
was re-zoned, which Ms. Carver replied that it
was. Therefore, Mr. Scheer determined that the
entire area on Old Louisville that encompassed
the acreage of Mr. Dorsey’s property should be
fenced as a condition of the re-zoning.
There being no further business to discuss,
Councilman Allen made a motion to adjourn at
approximately 7:05 p.m. Motion was seconded by
Councilman Seay and passed without opposition.