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HomeMy Public PortalAbout19960912CCMeeting1 1 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 1 1 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 1 1 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 1 1 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 1 1 1 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, 1 1 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. 1 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) 1 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 1 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. 1 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 1 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