The regular meeting of the Pooler City Council was held on October 20, 2008.  Mayor pro tem Rebecca Benton called the meeting to order at 6:00 p.m.  Present were Councilmen Bruce Allen, Travis Cowart, Mike Royal and Wayne Seay.  City Manager Robbie Byrd and City Attorney Steve Scheer were also present.  Mayor Mike Lamb was delayed and Councilman Stevie Wall was absent.

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 Cowart, seconded by Councilman Allen, with no opposition.

Councilman Seay presented the accounts payable information for September.

Councilman Allen reported that the police department responded to1156 calls during the period of October 3^rd  through October 16^th and that the fire department has responded to 91 calls in October.  Councilman Allen made a motion to add an Executive Session to the foot of the agenda.  Motion was seconded by Councilman Seay and passed without opposition.

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

Councilman Royal reported that fall tumbling has begun with classes on Monday and Thursday nights; that a community tree planting is scheduled for November 15^th at 9:00 a.m. at the new recreation complex; and that the senior citizens competed at the Golden Olympics with several receiving medals.

Mr. Byrd reported that 10 new single family residential and one  (1) commercial permit has been issued since the last meeting, totaling 159 residential 47 commercial permits for the year, with 6141 inspections performed.

Mayor pro tem Benton, along with Councilman Cowart and Public Works Director Matt Saxon, presented a five (5) year service pin to Tim Ferrell, Laborer in the Parks & Trees Department, thanking him for his continued service.

1.  Requested zoning map amendment of the northern portion of Lots 1 & 2, Stofers Subdivision, from R-1A to R-2C

Mr. Byrd presented this request which was tabled at the last meeting by the petitioner.  Wilson Roberts, resident, presented this request for Isaac G. LaRoche, Sr. to re-zone the northern portion of Lots 1 and 2, Stofers Subdivision from R-1A (single family residential) to R-2C (two-family residential dwelling).  Mr. Wilson stated that this property is on the corner of N. Skinner Avenue and Rothwell Street, with separate driveways planned, with two (2) on each street.  Further, that after a new survey was performed, it was found that the total square footage of the two (2) lots has been reduced by 438 square feet, due to the increase in the Skinner Avenue right-of-way.  Mr. Wilson stated that if this request is approved, Mr. LaRoche’s plan is to subdivide the lots, making one 10,000 sq. ft. (minimum requirement for R-2C zoning) and requesting a variance to build a duplex on the other.  Don Taylor, resident on Skinner Avenue, addressed Council, stating that he has no problem with duplexes being built on the lots.  Glenda Grant, resident, presented opposition to the re-zoning, adding that she would like the area to remain single family residential.  Ed McGowan, adjacent property owner, stated that he is not opposed to the request.  Jeff Loper, resident, also stated that he has no problem with the re-zoning.  Councilman Allen expressed concern over the square footage of the lots being less than the minimum required for R-2C zoning and made a motion to deny the requested zoning map amendment.  Motion died due to lack of a second.  Councilman Cowart then made a motion to approve the zoning map amendment from R-1A to R-2C.  Motion was seconded by Councilman Seay and passed with Councilman Allen opposing.

Mayor Lamb arrived and took his seat to preside over the remainder of the meeting.

2.  Approval of sketch plan for proposed Benton Boulevard Extension

Councilwoman Benton stepped down from her seat to recuse herself from this item.  Mr. Byrd presented the sketch plan for the proposed Benton Boulevard Extension.  Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Consulting Engineers stated that the plan shows a 80-foot future access right-of-way to Pipemakers Canal.  Attorney Harold Yellin questioned when the plat would be recorded and if the road would be completed in phases.  Mr. Wohlfeil replied the right-of-way plat will be recorded once all improvements are complete and that the road will not be done in phases.  After discussion, Councilman Allen made a motion to approve the sketch plan, contingent upon the recorded right-of-way plat include everything noted on the sketch plan.  Motion was seconded by Councilman Cowart and passed without opposition.

Councilwoman Benton returned to her seat.

3.  Approval of policy regarding the “Fair and Accurate Credit Transactions Act”

Mr. Scheer presented a policy regarding the provisions of the “Fair and Accurate Credit Transactions Act”, a federal law passed recently, stating that certain provisions of the Act may or may not apply to the City, but that it was necessary to adopt a policy.  Councilman Cowart made a motion, seconded by Councilwoman Benton, to adopt the policy.  Motion passed without opposition.

1.  Requested conditional use to operate a family home daycare at 1201 Crawford Way

A public hearing was held prior wherein no opposition was presented.  Karen Jones has petitioned the City to allow her to operate a “family home daycare” at 1201 Crawford Way to keep three (3) to six (6) children.  After discussion, Councilman Seay made a motion to approve the conditional use, contingent upon Ms. Jones adhering to the requirements outlined in the City’s zoning ordinance regarding fencing and off-street parking.  Motion was seconded by Councilwoman Benton and passed without opposition.

2.  Approval of amendments to the Morgan Family PUD Development Standards

Mr. Byrd presented the proposed text amendments to the Morgan Family PUD Development Standards to change the minimum off-street parking requirements within multi-family developments to 1.8 spaces per unit, to allow up to five percent (5%) of the required number of spaces for compact spaces, to delete the proposed 60' roof height amendment and change the building height to 50' as defined in the City’s zoning ordinance.  Based on Planning & Zoning and staff recommendation, Councilman Cowart made a motion to approve the amendments.  Motion was seconded by Councilman Seay and passed without opposition.

3.  Acceptance of maintenance bond/approval of final plat of right-of-way for Memorial Boulevard, Phase I

Mr. Byrd presented this request from 929 Properties, LLC to accept the maintenance bond in the amount of $691,038.30 and to approve the final plat of Parcel 2A of the Armstrong Tract and remaining portion of Parcel E-1 and Parcel E-2 to create the right-of-way for Memorial Boulevard, Phase I.  Councilman Allen made a motion to accept the maintenance bond and approve the final plat, contingent upon the city attorney approving the bond.  Motion was seconded by Councilwoman Benton and passed without opposition.

4.  Release of performance bond/acceptance of maintenance bond for Hamilton Grove,

Mr. Byrd presented this request from the developer of Hamilton Grove Subdivision to release the performance bond for Phase 4, stating that the public works department has recommended approval.  Councilman Allen made a motion to release the performance bond and accept the maintenance bond, contingent upon the city attorney approving the maintenance bond.  Motion was seconded by Councilman Cowart and passed without opposition.

5.  Approval of site plan for The Dawg House Grill Restaurant at 1205 E. Highway 80

Mr. Byrd presented the site plan for The Dawg House Grill Restaurant to be located at 1205 E. Highway 80, stating that all the engineering comments have been addressed.  Councilman Allen made a motion, seconded by Councilman Seay, to approve the site plan.  Motion passed without opposition.

6.  Resolution to adopt the 2008-2018 West Chatham Solid Waste Management Plan

Mr. Byrd presented a resolution to adopt the 2008 - 2018 West Chatham Solid Waste Management Plan, stating that the Plan has been reviewed by the Department of Community Affairs and found to be in compliance with the Minimum Standards and Procedures for Solid Waste Management.  Councilman Allen made a motion to adopt the resolution.  Motion was seconded by Councilwoman Benton and passed without opposition.

7.  First Reading on zoning text amendment to add restaurant with beer and wine sales as a conditional use in C-1 zoning districts

A public hearing was held prior.  Mr. Byrd presented a proposed zoning text amendment to add restaurant with beer and wine sales as a conditional use in C-1 zoning districts, stating that the owner of Little Italy Pizza and Subs has petitioned the City in order to be allowed to sell beer and wine by the drink to eat-in customers.  After discussion, Councilwoman Benton made a motion to approve the text amendment on First Reading.  Motion was seconded by Councilman Cowart and passed with Councilman Allen opposing.

8.  First Reading on amendment to solid waste ordinance regarding commercial sanitation collection

Mr. Byrd presented an amendment to the solid waste ordinance regarding “right to collection” stating that the City will be ending the contract with Waste Management for commercial service effective January 1^st and therefore, will begin allowing businesses to contract on their own for trash removal.  This section of the ordinance currently requires businesses to accept collection service from the City and requires deleting the provision.  After discussion, Councilman Cowart made a motion to approve the amendment on First Reading.  Motion was seconded by Councilman Allen and passed without opposition.