September 2, 1997                                                 

                                                                     MINUTES

 

The regular meeting of the Pooler City Council was held on September 2, 1997.   Mayor Buddy Carter called the meeting to order at 6:00 p.m.  Present were Councilman Al DeFilippis, Bud Jeffcoat, Jim Poteet, Wayne Seay, Marvin Strickland and Stevie Wall; City Manager, Dennis Baxter and City Attorney, Wiley Ellis.

 

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman DeFilippis.

 

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

 

Report from the Standing Committees:

 

FINANCE

Councilman Jeffcoat presented bills for payment, and after discussion, made a motion to pay these bills subject to funds.  Councilman DeFilippis seconded the motion and it passed unanimously.

 

PUBLIC SAFETY

Councilman Strickland reported that the new police department was would be completed in about six (6) weeks and encouraged the Council to go by and see it.  Chief Chan stated that the tentative opening is October 1st.

 

STREETS/SANITATION

Councilman DeFilippis reported that the street and drainage department had performed routine maintenance work.

 

WATER/SEWER

Councilman Poteet had no report at this time.

 

RECREATION

Councilman Seay reported that football and cheerleading practice is still going on.

 

BUILDING/ZONING

Councilman Wall presented a memo from County Manager, Russ Abolt, which states that Chatham County Engineering has agreed to review plans as requested by the City of Pooler, when a conflict of interest occurs with Hussey, Gay, Bell & DeYoung=s projects.  Councilman Wall made a motion to set this as a policy of the City of Pooler.  Motion was seconded by Councilman Poteet and passed without opposition.

 

Mayor Carter presented the Honorary Councilmember for September, Sandy Roach.

 

Mr. Miles Pinckney, of the Savannah-Ogeechee Canal Society, presented Mayor Carter with a framed print of the Canal.

 

Mayor Carter welcomed Senator Eric Johnson and former Chatham County Commissioner, Pat Shay to the meeting.

 

Mr. Ellis requested that Item #13 under New Business to added to the agenda.  Councilman Wall made a motion to add this item regarding the discussion of annexation of the property along the Jimmy DeLoach property.  Motion was seconded by Councilman Poteet and passed without opposition.

 

Under OLD BUSINESS, the following was discussed:

 

1.  Mrs. Vera Lamb regarding request for variance at southwest corner of Symons &

Sheftall Street

Due to Mrs. Lamb=s absence, this item was removed.

 

2.  Approve intergovernmental contract regarding maritime trade center

Mr. Pat Shay addressed the Council regarding the Georgia International and Maritime Trade Center Authority, which was created by the Georgia Legislature.  He stated that the Legislature created an opportunity for local municipalities to levy an additional 1% of hotel/motel tax they collect.  This additional 1% has been set aside for the purpose of either marketing or operating trade and convention facilities.   He then  presented an intergovernmental contract, stating that the unincorporated area of Chatham County has already approved their contract and other municipalities are in the process of approving theirs.  He stated that the residents will not pay this tax, that the success of the center depends on this tax, and that this tax will take the pressure off property taxes.  Councilman Poteet made a motion to approve this intergovernmental contract for a five (5) year period, with the additional 1% of hotel/motel tax collected to go to the trade center and to ask the State Legislature to allow another additional 1% (totaling 7%) to go to the Mighty Eighty Air Force Heritage Center.  Mr. Ellis stated that this is not allowed.  Councilman Poteet amended his motion to approve this intergovernmental agreement for a five (5) year period, with the additional 1% of hotel/motel tax (totaling 6%) to go to the trade center.  Motion was seconded by Councilman Jeffcoat.  Further discussion continued wherein Mr. Shay stated that the 20 year contract would remain current only if the City collects the additional tax.  He further stated that the money would be used immediately for marketing efforts.  Mr. Rick White, resident, stated that when the sales tax was voted on in June, the people were told that the tax would pay for the trade center.  He then asked that this contract be voted on in the November election to let the people decide.  He stated that the trade center will not fill the motels in Pooler, that it will drain the community.  Mr. Wade Waters, resident, addressed Council with his concern that Pooler is  looking forward to  receiving an additional 1% tax and asked the Council to not commit the people of this community to this contract.   Mr. Jack Brewton, resident, asked why Hutchinson Island was chosen and why the year 2016 was stated as the time when the center would be paid for.  Mr. Shay answered that the County chose the land and that 2016 was concurrent with the lease.  Senator Eric Johnson confirmed the actions of the Legislature in creating this Authority.  He stated that the alternative to not funding this project is to raise property taxes, and the best way to pay for this center is to let the people who use the facility (tourists) pay for it.  Mayor Carter then called for the vote and the motion passed with Councilman DeFilippis and Councilman Seay opposing.

 

3.  First Reading on proposed ordinance regarding backflow prevention

Councilman Poteet presented this proposed ordinance regarding to regulate the construction and maintenance of cross-connections affecting the City=s water supply.  Mr. Jeff Thornburg, Water & Sewer Superintendent, stated that the State has mandated this under the Safe Drinking Water Act to prevent contamination of the water.  He further stated that the City, under this ordinance, would require commercial and industrial sites to install back-flow prevention devices.  After discussion, Councilman Poteet made a motion, seconded by Councilman Jeffcoat, to approve this ordinance on First Reading.  Motion passed without opposition.

 

Under NEW BUSINESS, the following was discussed:

 

1.  Request for conditional use to build two (2) personal care homes at eastside of

S. Rogers Street

A public hearing was held prior, wherein no opposition was present.  Councilman Wall made a motion, based on Planning & Zoning=s recommendation, to approve this conditional use.  Motion was seconded by Councilman DeFilippis and passed without opposition.

 

2.  Request for variance at southeast corner of Benton Drive and Pooler Parkway

A public hearing was held prior, wherein no opposition was present.  A convenience store is proposed for this area.  Councilman Wall made a motion, based on Planning & Zoning=s recommendation, to approve this variance, with only the canopy  to encroach into the 60' setback.  Motion was seconded by Councilman Poteet and passed without opposition.

 

3.  Approve alcoholic beverage license for Jacqueline Ballew

Mr. Bobby Ballew was present on his wife=s behalf.  Ms. Ballew, has requested  a transfer of the alcoholic beverage license at the Cooler Lounge.  Chief Chan stated that he has approved the application and that there have been no problems at this establishment since they have taken it over.  After discussion, Councilman Strickland made a motion, seconded by Councilman DeFilippis, to approve this alcoholic beverage license.  Motion passed without opposition.

 

4.  Approve change order for Godley Tract water and sewer project

Councilman Poteet presented this change order, in the amount of $1513.74, for the addition of the material needed to supply the water connection to loop through the Jerry Konter project.   Mr. Baxter stated that Mr. Konter would pay for one-half of this change order and that in the event that Mr. Konter does not follow through with his project, The Branigar Organization has agreed to pay this cost.  After discussion, Councilman Poteet made a motion to approve this change order.  Motion was seconded by Councilman Jeffcoat and passed without opposition.

 

5.  Approve change order for chlorination addition at wastewater treatment plant

Councilman Poteet presented this change order, in the amount of $1613.15, for the additional items needed to complete the design change for this project.  He then made a motion, seconded by Councilman DeFilippis, to approve this change order.  Motion passed without opposition.

 

6.  Approve contract for Post Aeration Addition, Phase II

Councilman Poteet presented this contract from Triangle Construction for Phase II of the post aeration project at the wastewater treatment plant.  This project would allow fields 3 & 4 to be re-seeded and a post aeration box be added.  Councilman Poteet made a motion to approve this contract with Triangle Construction Company in the amount of $36,357.00.  Motion was seconded by Councilman Strickland and passed without opposition.  

 

7.  Approve additional improvements to 1996 storm drainage project

Mr. Baxter stated that several items were brought to his attention that needed addressing in regards to the drainage improvement project.  He then presented a quote from Hussey, Gay, Bell & DeYoung for additional improvements to complete this project.  He further stated that the amount, $39,462.53, would come out of the current 1% Special Purpose Local Option Sales Tax.  Councilman Wall made a motion, seconded by Councilman DeFilippis,  to approve these additional improvements.  Motion passed without opposition.

 

8.  Proposal from S&ME for corrective action plan at underground storage tank site

Mr. Baxter presented a proposal from S&ME for corrective action at the site where the underground storage tank was recently removed.  He stated that some contamination was found, and therefore, the City is required by the State to follow this procedure.  Councilman Strickland stated that this is a normal procedure and that the City has to pay the first $10,000 and any further expenses are covered under the GUST (Georgia Underground Storage Tank) Trust Fund program.  After discussion, Councilman Strickland made a motion to approve the proposal from S&ME.  Motion was seconded by Councilman Poteet and passed without opposition.

 

9.  Approval of street sweeping contract for 1997-98

Mr. Baxter presented a proposal from Pope=s Sweeping for one (1) year in the amount of $1530.00 per month, and a proposal for three (3) years in the amount $1380.00.  He stated that he recommends the Council approve the one (1) year contract, based on the fact that new streets would be added within the three (3) year period, calling for the contract to be re-worked.  Councilman DeFilippis asked that the amount budgeted for street sweeping for 1998 be doubled, so as to allow for the clean-up of storm debris.  After discussion, Councilman Poteet made a motion to approve the extension of Pope=s Sweeping contract for one (1) year, in the amount of $1530.00 per month.  Motion was seconded by Councilman Wall and passed without opposition.

 

10.  Proposal from Air Therm to replace two (2) heat pumps at rental property

Mr. Baxter presented a proposal from Air Therm to replace two (2) heat pumps at the rental property at 109 W. Hwy 80.  He stated that these units are wore out and that the money would come out of the rent at this property.  Councilman Wall made a motion, seconded by Councilman DeFilippis, to approve this proposal from Air Therm.  Motion passed without opposition.

 

11.  Approve maintenance agreement for police department intoximeter

Chief Chan stated that the State mandated that only one type of intoximeter may be used, which was purchased from a single source vendor a few years ago.  This piece of equipment, which is currently in for repairs, has an extended warranty that is offered from the manufacturer at a cost of $500.00 per year.  After discussion, Councilman Strickland made a motion to approve this maintenance agreement.  Motion was seconded by Councilman DeFilippis and passed without opposition.  

 

12.  Approve budget adjustment for water and sewer department

Councilman Jeffcoat presented a budget adjustment for the sewer department, decreasing account #8800 (sewer collection - capital outlay) by $9000.00; increasing account #9670 (sewer treatment - material & supplies) by $5500.00; increasing account #9675 (sewer treatment - chemicals) by $3500.00.  He stated that this adjustment is necessary to offset overruns to these accounts.  Councilman Jeffcoat made a motion, seconded by Councilman DeFilippis, to approve this budget adjustment.  Motion passed without opposition.

 

13.  Discussion concerning annexation of property along the Jimmy DeLoach Parkway

At this time, Councilman Jeffcoat and Councilman Strickland excused themselves  from the meeting, due to a conflict of interest.  Mr. Ellis stated that the City has been petitioned by the owners of the property along the Jimmy DeLoach Parkway (the area between the two Godley Tracts) to be annexed into the City of Pooler.  He stated that this annexation application, if accepted by the Council, would be handled under the 60% method.  Mr. Rick White questioned why this wasn=t being done under a dual majority referendum and he asked if the Planning & Zoning Board had discussed this.    After discussion, Councilman Poteet made a motion to accept this application for annexation and to schedule a public hearing for October 6, 1997, at 5:45 p.m.  Motion was seconded by Councilman DeFilippis and passed without opposition.  Councilman Wall stated that Planning & Zoning would discuss this at their next meeting.

 

Councilman Jeffcoat and Councilman Strickland returned to the meeting.

 

Ms. Anne Smith addressed the Council regarding the success of the Acoffee break@ held over the Labor Day weekend.  She stated that 320 people attended.

 

Councilman Poteet made a motion to adjourn to Executive Session at approximately 7:47 p.m. to discuss personnel matters.  Motion was seconded by Councilman Wall and passed without opposition.

 

The meeting was called back to order at 8:45 p.m.

 

There being no further business to discuss, Councilman DeFilippis made a motion to adjourn at approximately 8:46 p.m.  Motion was seconded by Councilman Poteet and passed without opposition.

 

                                                             PUBLIC HEARING

 

A public hearing was held on September 2, 1997, prior to the regular City Council meeting.  Mayor Buddy Carter called the hearing to order at 5:45 p.m.  Present were Councilman Al DeFilippis, Bud Jeffcoat, Jim Poteet, Wayne Seay, Marvin Strickland and Stevie Wall; City Manager, Dennis Baxter and City Attorney, Wiley Ellis.

 

The purpose of this public hearing was to discuss:

 

1) A requested conditional use to build two (2) personal care homes on the

eastside of S. Rogers Street - Assisted Living Care has submitted this request to construct these homes for senior citizens to be used as an alternative to a nursing home.   Mrs. Mary Mohr was present to answer any questions. 

 

 

2) A requested variance at southeast corner of Benton Drive and Pooler Parkway - W.V.T. Enterprises has submitted this request for a 9.46' variance encroachment into the 60' front building setback from Benton Drive.  A convenience store with fuel sales and food service is proposed for this site.  Mr. Jack Brewton, resident, questioned if the canopy only would encroach the setback, not the structure.  Mr. Downer Davis, of W.V.T. Enterprises, stated that only the canopy would. 

 

 

There being no further business to discuss, the public hearing was adjourned at  5:53 p.m.