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1996- 09 -12. City Council Minutes
The Tybee Island City Council held its regular monthly
meeting on Thursday, September 12, 1996. Mayor Walter Parker
called the meeting to order with the following members of Council
present: Ed Merves, Jack Youmans, William Remeta, Michael A.
Hosti, Mariann Wildi, and Mallory Pearce. City Manger Bill Farmer
and City Attorney Edward Hughes were present.
City Manager Farmer gave the invocation and led the audience
in the Pledge of Allegiance.
Mayor Parker presented Mr. John O'neill, Jr. with a plaque
for all his volunteer work in making the opening of the
Pier /Pavilion such a wonderful event.
Mr. Billy Hair, candidate for the chairman of the Chatham
County Commission, gave a brief summary of what he would like to
accomplish when elected as chairman.
Mr. Jim Hall, representing All Saint's Episcopal Church,
requested Council to waive the building permit fees for the
extension at the church.
Mr. Howard Bellinger, MPC, asked Council to consider joining
the County -wide advisory board for planning. Mr. Bellinger said
that the studies are complex, some are mandated by the State or
Federal governments. The membership will be on a volunteer basis,
no dues or fees, and most of the other municipalities want to
participate. Mr. Bellinger stated that this board would not
effect individual Planning Commission boards. The meeting would
probably be quarterly and that a city can opt out at any time.
Ms. Mary Ingles, Tybee Arts Association, asked permission to
use City Hall on November 10, 1996 for a fund raiser.
Mayor Parker read a proclamation stating that October will
be Domestic Violence Month. Sgt. L. Lowers and Officer Rene
Lowers accepted the proclamation.
Mayor Parker opened, asked for comments, and closed the
following seven public hearings according to law.
1. Land Use Development Plan Section 2 -010 Height Definition.
Zoning Administrator Byers presented Council with the
recommendation from the Planning Commission for the adoption
of the building envelope form of measuring height, the
building envelope height would be set at 30 feet. The FEMA
regulation is not counted towards the height of building and
it would also exempt roof line. Mayor Parker asked what the
general roof height, ceiling to peak? Ms. Byers answered
usually 6 to 8 feet. Contractor Michael Roach said it
depended on roof pitch. The following residents spoke in
favor of the above definition: Whitney Reynolds, Bonnie
Gaster and Dick Smith. Jim Kluttz said he feels this is not
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a good idea for Tybee.
else uses this type of
said no, that most use
would like to see this
all could vote on this
just because it is new
Mr. Kluttz asked Ms. Byers if anyone
measurement for height. Ms. Byers
number of stories. Mr. Kluttz said he
question put on the ballot so that
issue. Councilmember Youmans said
does not mean we might start a trend.
Mayor Parker asked that the public hearings be interrupted
and asked Mr. Jim Golden, Director of Chatham County Parks and
Recreation. Mayor Parker presented Mr. Golden with a plaque in
appreciation for the Tybee Pier /Pavilion. Mr. Golden accepted on
behalf of the Chatham County Commissioners and his department.
2. Land Use Development Plan Section 3 -090 - Schedule of
Development Regulations. Ms. Byers said that this would set
the height at 30 feet.
3. Land Use Development Plan Section 5 -090 Variances (B). Ms.
Byers explained that the asterisks were removed some years
ago and that the formula for side setbacks in relation to
height will be brought back into the site review process.
4. Land Use Development Plan Section 9 -050 Technical Codes
Adopted. Ms. Byers explained that this section is in
conflict with the SBCCI Codes that the Council has adopted
and that the Fire Codes need to be included in the LUDP.
5. Mr. Vin Patel presented his petition for a variance on the
sign for his new motel. This motel will be a Roadway Inn and
the sign will need a reader board at the bottom.
Councilmember Wildi asked what is the size being requested.
Ms. Byers said 64 square feet, 32 square feet for the main
sign and 32 square feet for the reader board. Councilmember
Remeta said that Mr. Patel has done an excellent job on the
new motel.
6. Zoning Administrator Byers read the proposed sign ordinance
on advertising benches. Councilmember Youmans said that the
paint won't hold up unless you use high gloss enamel and
that section of the sentence needs to be deleted. Ms. Jeanne
Hutton said that this language is not like the City of
Savannah's, they state permission for placing of signs, and
that the City needs to have a cap on the number of benches,
placement of benches and location approved by the Zoning
Administrator. Ms. Kathryn Williams read a letter from the
Tybee Island Beautification Committee to prohibit signs and
benches at the location of the Tybee Island Welcome Sign on
Highway 80.
7. Mr. Michael Roach presented his petition for a minor
subdivision on a duplex at 32 Captain's Row, PIN 4- 21- 16 -18.
Ms. Byers said that the LUDP is in conflict on certain
section concerning a subdivision of a duplex. Councilmember
Youmans said that the first house built in Captain's Row was
a duplex.
Mayor Parker introduced Mr. Jessie Moore, Planning Director
from the Coastal Georgia Regional Development Canter. Mr. Moore
gave his background in planning for the past 25 years. He said
that Coastal Ga. RDC covers 9 counties. Mr. Moore said that if
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you do not enforce the rules then there is no sense in having
them.
Mayor Parker opened the meeting for business legally
presented to Council. Councilmember Pearce moved to accept the
minutes as read from the August 8th and August 20th meetings.
Councilmember Merves seconded. Vote by Council was unanimous.
Councilmember Youmans moved to adopt Section 2 -010
Definition Height as read on its first reading. Councilmember
Wildi seconded. Councilmember Merves moved an amendment to
ordinance by stating 20 feet instead of 30 feet. Councilmember
Pearce seconded the amendment. City Attorney Hughes stated that
the amendment changes the substance of the main motion.
Councilmember Remeta said that the building envelope is more fair
and not unreasonable. Council vote on the main motion was 3 in
favor (Youmans, Remeta, Wildi); 3 opposed (Merves, Hosti,
Pearce). Mayor broke the tie by voting in favor of the motion.
Councilmember Youmans moved to adopt Section 3 -090 Schedule
of Development Regulations on its first reading. Councilmember
Wildi seconded. Vote by Council was 4 in favor (Youmans, Remeta,
Hosti, Wildi); 2 opposed (Merves, Pearce).
Councilmember Youmans moved to adopt Section 5 -090 Variances
on its first reading. Councilmember Wildi seconded. Vote by
Council was 5 in favor (Merves, Youmans, Remeta, Hosti, Wildi); 1
opposed (Pearce).
Councilmember Youmans moved to adopt Section 9 -050 Technical
codes Adopted on its first reading. Councilmember Pearce
seconded. Vote by Council was unanimous.
Councilmember Youmans moved to approve the sign variance for
Mr. Vin Patel. Councilmember Remeta seconded. Vote by Council was
unanimous.
Councilmember Youmans moved to adopt the definition for
advertising bench in the Sign Ordinance on its first reading by
deleting the high gloss paint wording. Councilmember Hosti
seconded. Vote by Council was unanimous. Mayor Parker said that
there is a sign and a bench by the Welcome to Tybee Island sign.
Steve Tallent said that he would be glad to come in and bring all
his paper work from the City concerning the bench signs he has in
place. Councilmember Wildi said that the bone of contention was
the advertising signs out by the bridge. Mr. Tallent said that he
would get with Cafe Loco about the location.
Councilmember Remeta moved to approve the minor subdivision
of a duplex requested by Michael Roach. Councilmember Youmans
seconded. Vote by Council was unanimous.
Councilmember Merves moved to grant the waiver on the
building permit for the All Saint's Episcopal Church.
Councilmember Remeta seconded. Councilmember Hosti said for
information only how much money are we talking about for the
permit. Ms. Byers said about $300.00. Vote by Council was
unanimous.
Councilmember Wildi moved to deny a request from Ms. Brooks
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Safrit to allow her injured dog access to the beach in order to
swim in the ocean. Councilmember Youmans, seconded. Councilmember
Remeta said that the City needs some portion of the beach where
dogs are allowed. Mayor Parker explained why the ordinance was
put in place. Councilmember Wildi said that maybe we could
explore options. Councilmember Merves asked how many citations
were given the past month for dogs on the beach. Vote by Council
was 4 in favor (Nerves, Youmans, Wildi, Pearce) 1 opposed
( Remeta); 1 abstained ( Hosti).
Councilmember Youmans moved to not join the MPC Regional
Planning Advisory Board. Councilmember Remeta seconded. Vote by
Council was 2 in favor (Youmans, Remeta). 4 opposed (Merves,
Hosti, Wildi, Pearce. Councilmember Pearce moved that the City
join the MPC Regional Planning Advisory Board. Councilmember
Merves seconded. Vote by Council was 4 in favor (Merves, Hosti,
Wildi, Pearce); 2 opposed (Youmans, Remeta).
Councilmember Pearce moved to exempt the Tybee Arts
Association from any fees to use the City Hall for a auction on
November 10, 1996. Councilmember Wildi seconded. Vote by Council
was unanimous.
City Manager Farmer read the bills for the month of August.
Councilmember Pearce moved to approve. Councilmember Wildi
seconded. Councilmember Remeta questioned money spent out of Fund
Three on beach renourishment. Mrs. Rowena Fripp said that was the
expense for the monitoring aerial photographs and that Chatham
County will reimburse the City.
City Manager Farmer explained the letter from City Attorney
Hughes concerning drug testing of employees stating that there is
no change in the personnel ordinance that Council will review on
its first reading. City Attorney Hughes will have changes before
the final reading in October. Councilmember Youmans said that if
all employees are not randomly tested then none should be tested,
except when in an auto accident or shooting maybe. Councilmember
Merves said that the City is trying to prevent as opposed to
addressing after problem occurs. City Attorney Hughes said he
needs some guidelines of what City Council wants in the
ordinance. Councilmember Remeta said that all departments are
different and we need to think about this issue, so that it is
fair to all. Councilmember Wildi said that all departments are
the same. City Attorney Hughes said that private industry is
different from governmental entities. Cpl. Chris Case said that
it is unfair to single out two positions in the police
department. These two positions only handle evidence after it has
been logged in at the police department.
Mayor Parker said that he would like to put off appointing a
Chair for the Beach Task Force until after the October meeting.
Councilmember Hosti moved to approve the alcohol beverage
license for Mr. Robert Riedel for the Oar House. Councilmember
Remeta seconded. Vote by Council was unanimous. Mr. Riedel asked
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Council for a reduction in the regulatory fees since he will only
have the business in operation for a little over three months.
Councilmember Remeta explained that we had a transfer fee a few
years ago but that owners just kept changing the managers names
as they got in trouble with the law.
City Manager Farmer said that he researched MSC memo of
agreement and worked closely with the Shriners to come up with a
figure of $100.00 per month for 15 years, at the end there would
be an extension of 15 years with an inflation rate added to the
monthly rent. Councilmember Remeta moved to approve the Memo of
Agreement with the Tybee Lite Shrine Club. Councilmember Pearce
seconded. Vote by Council was unanimous.
Councilmember Youmans moved to adopt the Resolution for the
Tybee Island Historical Society. Councilmember Wildi seconded.
Vote by Council was unanimous.
City Manager Farmer said that the information from Sullivan
Environmental is just to show Council that there are other
companies that provide garbage and trash service. Mayor Parker
asked when our contract is up with Waste Management. City Manager
Farmer said he believes it is in March of 97.
City Manager Farmer said that the drawing is from Chatham
Country and they wish to place a dumpster near the pier /pavilion.
Councilmember Youmans moved for a trial period of one month for
the dumpster. Councilmember Remeta seconded. Vote by Council was
unanimous.
City Manager Farmer presented Council with bid from
Pittsburgh Tanks for repair of the structural of the 2nd Street
water storage tank in the amount of $39,000. Councilmember
Youmans asked if there was another bid since Pittsburgh Tank told
the City it was unsafe. City Manager Farmer said no.
City Manager Farmer said that he has asked for bids from
three companies for the work on the back river boat ramp.
Councilmember Youmans asked that the special event request
from the Savannah Striders be heard at the October Council
meeting with someone present from the organization to answer
questions from Council.
Councilmember Youmans moved to waive fee and approved the
special event for the Kite Festival on November 8th through the
10th. Councilmember Merves seconded. Vote by Council was 5 in
favor (Merves, Youmans, Hosti, Wildi, Pearce); 1 opposed
( Remeta). Councilmember Remeta said that he approves the festival
but not to waive the fees.
Councilmember Youmans moved that the request to close one
block of 10th Street for 4 hours from Howard Rouse be approved by
leaving one lane open for emergency vehicles and that all
neighbors be contacted. Councilmember Wildi seconded. Vote by
Council was unanimous.
Councilmember Youmans moved to adopt a change in the number
of required hours it takes to be eligible to participate in our
retirement program . The new hours for a full time employee is 35
hours per week. Any employee now working 20 hours per week would
not be effected by this change. Councilmember Pearce seconded.
Vote by Council was 5 in favor on its first reading (Merves,
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Youmans, Hosti, Wildi, Pearce); 1 opposed ( Remeta).
Mayor Parker announced that the anchor donated by Bill Walsh
this week will be placed down by the pier /pavilion. Mayor Parker
said that he feels that a plaque for the anchors should be place
on each one with all information on it.
Correspondences from South End Neighborhood Association and
from Rachel Perkins were mentioned.
All Ordinances listed below are for first readings.
Councilmember Wildi moved to adopt Section 6 -1 -15 Utility
Bills Delinquency; Cut -on and Cut -off Fee. Councilmember Pearce
seconded. Vote by Council was unanimous.
Councilmember Pearce move to adopt Title 2, Chapter 4,
Personnel, including 2 -4 -10.2 Sexual Harassment. Councilmember
Hosti seconded. Councilmember Pearce asked that the words "sexual
orientation" be added to Section 2 -4 -1 (b)(6). Councilmember
Hosti seconded. Vote on the amendment by Council was 4 in favor
(Remeta, Hosti, Wildi, Pearce); 2 opposed (Merves, Youmans).
Vote on the main motion was 4 in favor (Remeta, Hosti, Wildi,
Pearce); 2 opposed (Merves, Youmans).
Councilmember Pearce moved to adopt Section 4 -2 -23 Fire
Definitions. Councilmember Youmans seconded. Vote by Council was
unanimous.
Councilmember Pearce moved to delete Section 4 -2 -24 Fire
Amendments and modifications to the fire prevention codes.
Councilmember Youmans seconded. Vote by Council was unanimous.
Councilmember Youmans moved to adopt the Speed ordinance
revision from DOT with the changes recommended by Chief Price and
to make the speed limit 20 miles per hour on Lewis Avenue.
Councilmember Wildi seconded. Vote by Council was unanimous.
Councilmember Pearce moved to adopt Section 5 -2 -21 Refuse
Collection and Disposal definitions. Councilmember Youmans
seconded. Vote by Council was unanimous.
Councilmember Wildi moved to adopt Section 5 -2 -22 Refuse
Collection and Disposal Storage practices (b) & (d).
Councilmember Pearce seconded. Vote by Council was unanimous.
Councilmember Pearce moved to go into executive session to
discuss litigation. Councilmember Wildi seconded.
Mayor Parker reconvened the regular Council meeting and
Councilmember Youmans called for adjournment.
ayor Walter W. Parker
1 JRB
utive Session notes in folder.
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CITY OF TYBEE ISLAND
GEORGIA
P R O C L A M A T I O N
WHEREAS: Violence against women, children and the elderly
continues to become more prevalent as a social
problem due to an imbalance of power due to gender
and age; and
WHEREAS: The problems of domestic violence are not confined
to any group or groups of people but cross all
economic, racial, sexual and social barriers and
supported by community indifference; and
WHEREAS: The crime of domestic violence violates an
individual's privacy, dignity, security, and
humanity, due to the systematic use of physical,
emotional, sexual, psychological, and economic
control and /or abuse; and
WHEREAS: The impact of domestic violence is wide- ranging,
directly affecting families and society as a
whole; and
NOW, THEREFORE, I, Walter W. Parker, Mayor of the City of
Tybee Island, do hereby proclaim the month of October 1996
as:
"DOMESTIC VIOLENCE MONTH"
in Tybee Island and I urge all staff and volunteers of
S.A.F.E. Shelter in Chatham County and all citizens to
increase their awareness of the tragedy of domestic violence
by supporting those who are working to end domestic violence
and by participating in other appropriate efforts.
Proclaimed this 12th day of September,
1996.
Mayor Walter
1 /)
l.erk .bf Council
L)
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Bills for the Month of August 96
General Government 117,422.54
Police 64,797.35
Fire 5,342.22
Public Works /Sanitation 85,256.92
Recreation /Lifeguards/
Parking Services 35,392.34
Water /Sewer 54,021.72
Fund Three
Beach Renourishment 10,982.46
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MEMORANDUM OF AGREEMENT
his agreement, made and entered into this -lay of
,; 1996, by and between the City of Tybee Island,
Sta e of Georgia, hereinafter referred to as "City ",.and the
Tybee Lite Shrine Club, hereinafter referred to as the "Shrine
Club ", sets forth the following:
WHEREAS, the City owns the premises now occupied by the
Shrine Club, and desires to have such occupancy continued, and
Whereas, the Shrine Club provides quasi - governmental
services to the community,
NOW, THEREFORE, it is hereby agreed by the parties hereto as
follows:
The Shrine Club shall be permitted to use the premises they
currently occupy, together with all improvements thereon, located
at the North Beach of Tybee Island, for the sum of $2,700 per
month, less certain credits and plus certain debits, resulting in
a net payment of $100.00 per month, as more fully set forth on an
attachment hereto titled "Tybee Lite Shrine Club Lease Payment ";
payable on the first day of each month beginning January 1, 1997,
and continuing thereafter for a term of fifteen (15) years.
Further, beginning on January 1, 1998, and on each January 1st
thereafter, the monthly net payment shall be increased by the
same percentage as the Bureau of Labor Statistics Consumer Price
Index has increased for the most recent twelve month period for
which data is available, during the last week of December of each
year.
The Shrine Club shall continue to use the premises as their
clubhouse for Shrine Club meetings and functions, and shall also
make the premises available for other community recreational,
cultural, civic, and governmental functions, at reasonable costs
to the participants.
The Shrine Club shall make improvements and alterations to
the premises, as follows:
A. Airconditioning addition so as to render the premises
comfortable during the warmer seasons, to be accomplished within
twelve (12) months from the date of this agreement.
B. Exterior finishing completion, to be accomplished within ten
(10) years from the date of this agreement, in order to render
the premises visually attractive.
C. Fire /Safety improvements as may be determined by periodic
inspections by the County or State Fire Marshall.
D. Other improvements as may be necessary to have the premises
be in compliance with Codes applicable to facilities of a similar
nature in the city of Tybee Island, Georgia.
E. Other improvements as may be mutually agreed to between the
City and the Shrine Club.
The Shrine Club shall actively advertise and promote the
availability of the premises for use by individuals and
organizations for recreational, cultural, civic and governmental
functions, as a quasi - governmental service to the community.
The Shrine Club shall establish a fee schedule for the use
of the premises by others, said fee schedule to be fair and
reasonable to all parties concerned, together with a premises use
agreement specifing appropriate terms and conditions for premises
use.
The Shrine Club shall, throughout the term of this
agreement, at its own cost and without any expense to the City,
operate, keep and maintain the premises in good, sanitary and
neat order, condition, and repair; shall pay all utilities and
other operating and maintenance expenses, and shall maintain
liability insurance in the amount of One Million Dollars
($1,000,000.00) covering the premises and appurtenances thereto
for injury or death of any number of persons in any one
occurrence, and property damage liability insurance in the amount
of Three Hundred Thousand Dollars ($300,000.00), and such
insurance shall specifically insure the City against all
liability assumed by it hereunder,'as well as any liability
imposed by law, and shall insure both the City and the Shrine
Club, and shall be so endorsed as to create the same liability on
the part of the insurer as though separate policies had been
written for the City and the Shrine Club.
The Shrine Club shall not assign, mortgage, or encumber this
memorandum of agreement, nor sublet the premises or any part
thereof to be used by others, except for periodic and temporary
use as herein provided, without the prior written consent of
City.
The City shall be able to construct an emergency facility
known as a Command Post /Emergency Operations Center on the
north - western section of the top deck of the premises.
The particulars shall be mutually agreed upon between the
parties.
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The City and Shrine Club may mutually negotiate revisions
and extensions to this agreement at any time.
The Shrine Club has the option to renew this agreement for
an additional fifteen (15) years during the final year of this
agreement, with the net monthly payment continuing at the $100.00
plus inflation adjustments amounts.
IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this Int, day of , 1996.
ATTEST:
CITY OF TYBEE ISLAND
alter M. Parker, Mayor
Brown, C erk of Council
(SEAL)
TYBEE LITE SHRINE CLUB
Office: G2:%�r .
Attest: G / /tai
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Tybee Lite Shrine Club Lease Payment:
Lease Term: 15 Years
Gross Rental Value of Existing Facility per month $2,700
Less equitable return of investments /improvements
to the property:
Building Value: 6,000 sq. ft. @ $70
equals $420,000
Equipment and fixtures value: $60,000
Total Value: $480,000
Return /Mo: $480,000/(15 x 12) - $2,667
Plus equitable repayment for use of land and
pre- improvement structures:
Prior Sales Value: $375,000
Monthly interest value:
$375,000 x .06/12
Plus equitable return on
Airconditioning
Exterior Finish
Other
TOTAL
Monthly repayment:
planned
$18
$10
$10
$38
$38,000/
improvements:
,000
,000
,000
,000
(15 x 12)
Less value of quasi-governmental services
provided to community, including required
disbursements for insurance, elevator
maintenance, utilities, building and
equipment maintenance, security expense, etc.
Less round -off adjustment
+$1,875
-$ 211
TOTAL NET LEASE PAYMENT /M0: +$ 100