The regular meeting of the Pooler City Council was held on October 6, 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 Councilman Wall, seconded by Councilman Seay, with no opposition.

Councilman Seay presented the accounts payable information for September.

Councilman Allen reported that the police department responded to 1556 calls during the period of September 12^th through October 2^nd and that the fire department responded to 135 calls.

Councilman Cowart reported that the street, drainage and parks and trees departments performed routine maintenance.

Councilman Wall reported that the water and sewer departments performed routine maintenance and that all parameters are being met at the wastewater treatment plant. 

Councilman Royal reported that football games continue, with Homecoming activities beginning October 10^th.  Further, that basketball registration begins November 14^th. 

Councilwoman Benton reported that seven (7) new single family residential, six (6) attached unit and four  (4) commercial permits have been issued since the last meeting, totaling 149 residential, 90 attached unit and 46 commercial permits for the year, with 5955  inspections performed.

Ralph Wright, Parks & Trees Superintendent, introduced Adrienn Mendonca of the Savannah Tree Foundation.  Ms. Mendonca presented information regarding the Foundation’s donation of 200 trees to be planted at the new recreation complex, adding that a community tree planting is scheduled for Saturday, November 15^th. 

Patricia Jaudon, representing West Chatham Relay for Life, addressed Council in regards to the upcoming kick-off at 6:00 p.m. October 23^rd at Pooler Park for the upcoming Relay to be held at West Chatham Middle School on April 3 & 4, 2009.

Kim Griffin, President of the Pooler Crossroads Chamber of Commerce, addressed Council in regards to recent activities of the Chamber.

Dwayne Guthrie of TischlerBise presented the Impact Fee Feasibility Study, which was performed by his company, pointing out the areas where impact fees could be utilized.  Councilman Wall stated that the City has been looking into this matter for quite some time.  Councilwoman Benton thanked Mr. Byrd for providing this opportunity.

1.  Requested zoning map amendment at 820 W. Highway from R-1A to C-1

Mr. Byrd presented this request which was tabled on August 4^th in order for the property owner to submit a drawing indicating how the property would be subdivided.  Scotty Fletcher, representing the owner Sandra Glick, presented a copy depicting Lots A-1 and A-2 with a depth of 200' and 100' respectively.  Councilman Wall questioned if the request was still for a C-1 (light commercial) zoning instead of the C-P (commercial-professional) zoning recommended by the Planning & Zoning Board.  Mr. Fletcher replied that C-1 is still being requested.  Theresa Harrelson, owner of property at 704 W. Highway 80, stated that seven (7) years ago her father petitioned for a re-zoning to C-1 and was denied.  Further, that if this request is approved, she will request a light commercial zoning for her property in the near future.  Bonnie Eminger, resident on Arnold Street, questioned what was planned for this property, wherein Jackie Carver, Zoning Administrator, was asked to read aloud the list of permitted uses in C-1.  Councilman Allen asked if the only access was from Durden Drive, wherein Mr. Fletcher replied that there is an inadequate curb cut on Highway 80 due to its proximity to Durden Drive. Duane Tally, resident in Worthington Estates, expressed concern about additional traffic on Durden Drive.  Councilwoman Benton also expressed concern about the potential traffic on a residential street.  Mayor Lamb presented facts submitted by Holly Young listing a chain of events regarding the zoning of adjacent properties.  After discussion, Councilman Wall made a motion to deny the requested zoning map amendment.  Motion was seconded by Councilman Allen and passed without opposition.

2.  Requested zoning map amendment of the northern portion of Lots 1 & 2, Stofers

Mr. Byrd presented this request, stating that the petitioner has asked that it be tabled.  Jackie Tuten, adjacent property owner, expressed concern over the number of duplexes already in the area, adding that she would appreciate any improvement to the property.  Councilman Wall asked Mrs. Tuten if she would be alright with one (1) duplex being allowed to be built.  Mrs. Tuten replied that she would like for the property to remain single family.  Councilman Allen made a motion, based on the petitioner’s verbal request, to table this item until October 20^th.  Motion was seconded by Councilwoman Benton and passed without opposition.

3.  Second Reading on amendment to fence ordinance

Mr. Byrd presented an amendment to the fence ordinance to provide for vinyl coated (black or hunter green) galvanized 9 gauge chain link fencing material with a maximum height of eight (8) feet to be allowed for commercial and industrial security fences.  Councilman Allen made a motion to approve the amendment on Second Reading.  Motion was seconded by Councilman Wall and passed without opposition.

4.  Second Reading on amendment to ordinance regarding meter reading; billing;    collection

Mr. Byrd presented an amendment to the meter reading,  billing and collection ordinance, stating that it will better define the due dates and cut off dates for water service.  Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the amendment on Second Reading.  Motion passed without opposition.

1.  Approval of site plan for Pooler Parkway Access Drive to serve Rebecca West’s property

Mr. Byrd presented the site plan for the Pooler Parkway Access Drive which will serve Rebecca West’s property, stating that all of the engineering comments have been addressed and that Planning & Zoning and staff have recommended approval.  Mayor Lamb questioned the distance of this access from Isaac G. LaRoche Drive and the median break in front of the fire station.  Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Consulting Engineers replied that it is approximately 725' from Isaac G. LaRoche Drive and approximately 100' from the median break.  Councilman Wall asked about the type of signage planned for the median break (emergency access only), wherein Mr. Wohlfiel replied that signs will be posted for both lanes of traffic, noting that it is for emergency access only.  Councilman Allen made a motion to approve the site plan.  Motion was seconded by Councilwoman Benton and passed without opposition.

2.  Release of maintenance bond for Live Oak Plaza

Mr. Byrd presented this request from the developer of Live Oak Plaza, stating that the public works department has recommended release of the maintenance bond.  Councilman Cowart made a motion, seconded by Councilman Allen, to release the bond.  Motion passed without opposition.

3.  Release of performance bond/acceptance of maintenance bond for Distribution   Drive

Mr. Byrd presented this request from the developer of Distribution Drive to release the performance bond and accept a three (3) year maintenance bond, stating that the public works department has performed an inspection and recommends approval.  Councilman Wall made a motion to release the performance bond and accept the maintenance bond in the amount of $198,583.35, contingent upon the city attorney approving the bond.  Motion was seconded by Councilman Cowart and passed without opposition.

4.  Award bid for fabri-form of Sheftall Street Outfall

Mr. Byrd presented bids for concrete filled fabric to be placed on the Sheftall Street outfall ditch, stating that this project will be funded with Special Purpose Local Option Sales Tax (SPLOST) money.  Councilwoman Benton made a motion, seconded by Councilman Cowart, to award the bid to the low bidder, John Conner Construction Co., in the amount of $82,467.00.  Motion passed without opposition.

5.  Approval of Change Order #2 for Effluent Force Main to new Recreation Complex           Project

Mr. Byrd presented Change Order #2 for the Effluent Force Main at the new Recreation Complex to provide for the extension of the overflow pipe inside the storage tank.   Councilman Royal made a motion to approve the change order in the amount of $6493.75.  Motion was seconded by Councilman Wall and passed without opposition.

6.  Approval of amendment to Intergovernmental Agreement with Chatham County for update to County-wide Canal Maintenance Program

Mr. Byrd presented an amendment to the Intergovernmental Agreement with Chatham County for an update to the County-wide Canal Maintenance Program, stating that the paragraph regarding indemnification has been removed, per the County attorney’s request.  Councilman Wall made a motion, seconded by Councilman Allen, to approve the amendment to the Agreement.  Motion passed without opposition.

7.  Adoption of 2008 millage rate

A public hearing was held prior.  Mr. Byrd presented information regarding the proposed 2008 millage rate.  Councilman Wall stated that the City is required by provisions of the Stephens-Day bill to roll the millage rate back each year, while it is preferred to keep it at 4.5 mills to maintain the level of service to the residents.  Councilman Wall made a motion to adopt the 2008 millage rate at 4.5 mills.  Motion was seconded by Councilman Allen and passed without opposition.                      

8.  Appointment of new Pooler Development Authority board member

Mr. Byrd stated that there are two (2) vacancies on the Development Authority board due to the recent resignation of Shelly Cromwell and Jay Taylor relocating out of the City.  Therefore, Councilman Wall made a motion to appoint the incoming finance officer (interim) to the Board and a second member to be appointed at a later date.  Motion was seconded by Councilman Allen and passed without opposition.

9.  Resolution to adopt the Comprehensive Plan Partial Update

Mr. Byrd stated that the Comprehensive Plan Partial Update is complete and is ready for adoption.   Mayor Lamb thanked the committee that worked on this Plan, Councilman Allen, Councilwoman Benton, Councilman Seay, Chairman of Planning & Zoning Wilson Roberts, Co-Chairman Larry Olliff, Public Works Director Matt Saxon, Leisure Services Director Hugh Elton, Police Chief C. E. Chan, Fire Chief Wade Simmons, Mr. Byrd and Mrs. Carver.  Councilman Allen made a motion to adopt the resolution.  Motion was seconded by Councilman Wall and passed without opposition.

10.  First Reading on ordinance regarding the Fair and Accurate Credit Transactions           Act

Mr. Scheer stated that after speaking with legal counsel at the Georgia Municipal Association, it has been determined that the City can adopt the provisions of this Act as a policy, which can be done at the next meeting.  Therefore, Councilman Cowart made a motion, seconded by Councilman Royal, to remove this item from the agenda.  Motion passed without opposition.

Councilman Wall made a motion to add Item #11 to the agenda.  Motion was seconded by Councilman Cowart and passed without opposition.

11.  Removal of Pooler Development Authority board member

As discussed in Item #8, Councilman Wall made a motion to remove Shelly Cromwell from the Pooler Development Authority Board.  Motion was seconded by Councilman Cowart and passed without opposition.

Aaron Stewart, resident, addressed Council in regards to problems with people speeding on Newton Street, stray dogs and the ditch behind Pooler First Baptist Church washing out.  Mayor Lamb instructed Mr. Byrd to look into these matters.