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1997- 04 -10. City Council Minutes
The Tybee Island City Council held its regular monthly
meeting on Thursday, April 10, 1997 in the City Hall Auditorium.
Mayor Walter W. Parker called the meting to order at 7:30 P.M.
with the following Councilmembers present: Ed Merves, Jack
Youmans, William Remeta, Michael A. Hosti, Mariann Wildi, and
Mallory Pearce. City Attorney Edward Hughes and City Manager Bill
Farmer were also present.
Reverend Lee Bennett gave the invocation followed by the
Pledge of Allegiance.
Penn Myrick said that he would postpone his request to
Council because of the long agenda. John Yarbrough, President of
Spanky's Beachside, requested a one day special beer permit for
May 24th. Mr. Yarbrough explained that Kem Distributors were
sponsoring a band concert on the pier that day and has requested
that Spanky's set up a booth in 2 parking spaces off to the left
of the pavilion. Merves asked the hours of operation. Yarbrough
said 7 P.M. until midnight. Pat Locklear requested that Council
take the $6,800. that is in hand and build 3 volleyball courts in
Memorial Park and to consider placing one in Jacyee Park at a
later date with Allan McCulloch as consultant on the project with
no cost to the City. Mayor Parker questioned if the County would
be hauling the sand. Locklear answered yes. Merves asked about
the court closest to Jones. Locklear said that a backstop would
be needed on that court. Remeta asked about the lights. Locklear
said Charlie Waggoner said that the lights are being prepared.
Jim Kluttz, President of the Historical Society publicly thanked
Senator Eric Johnson, Representative Burke Day, and Mayor Walter
Parker for all the assistance in getting the Lighthouse $100,000.
from the State of Georgia. Mr. Kluttz announced that the 2nd
Annual Outback Steak Dinner will be held on April 26th from 10
A.M. until 5 P.M. Dinners will be $10.00 each. John Jarvis asked
what effect a volleyball court in Jaycee Park would have on the
softball diamond? Mayor Parker said it would not interfere with
the diamond.
Mayor Parker read a Proclamation for Poppy Days on Tybee
Island on April 25th and April 26th.
Mayor Parker opened, asked for comments, and closed the
following two public hearing according to law.
1. Mr. Tom Gray presented to Council the request for a zoning
map amendment to Mr. Welby Pugin and his property located at #10
Oceanview Court from R -1 to RT. Mr. Gray explained that to the
north is zoned PUD and to the east is zoned RT and he just wants
the zoning to be consistent with the neighborhood. Mr. Gray said
he has no plans for development stating that when he purchased
the property over 3 years ago he just assumed it was zoned RT.
Youmans asked when was the area around this property rezoned from
R -1 to RT? Youmans remembers the problem on the curve with the
German man with the caretaker apartment. Pearce said since there
are no plans to develop why are you asking for a rezoning of
property? Gray said he purchased a home on 10th Street and is
considering selling the property. Pearce asked if the request for
a zoning change was in order to get more money? Mr. Gray answered
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yes, and that he was advised to request a rezoning. City Attorney
Hughes said that this is the first request for a zoning map
amendment since the adoption of the new land development code and
that the criteria for a rezoning request is entirely different
than the criteria for a variance. Hughes read the criteria
standards out loud. Zoning Administrator Byers said that Planning
Commission recommended approval. Rusty Fleetwood said that PUD
was changed in order to allow single family units, this is on the
other side, not fronting on Rosewood. Mr. Gray said that Lot 2 is
raw land, Lot 1 has a single family home, and there is a 7 unit
condo behind the property. Linda Larsen asked if the land was
surrounded by condos and if the rezoning would make the property
come into conformity with neighborhood? Youmans asked where land
is actually located? Jim Kluttz said the property is east of
nursing home. Ms. Byers explained the square footage requirements
for RT single family and Multi family. Rusty Fleetwood said that
when he sold property to Mr. Grey he was aware of the zoning.
There are condos and town- houses in that neighborhood. Mr.
Fleetwood said that with the old zoning it was specified how many
units could be built on a piece of property and that Rosewood is
a unopened dirt street owned by the City. Mayor Parker asked if
Mr. Pugin has access to his home from Rosewood. Mr. Gray said
that he gets to his home from Oceanview Court. Linda Larsen said
that she serves on the Planning Commission and she voted in favor
of the rezoning, what his plans are should be considered and
addressed when presented at a later date. Mayor Parker asked if
anyone wishes to comment on the request. Mr. Jim Kluttz said that
he is against the rezoning at this time. Mr., Kluttz asked if
neighbors get notification? Ms. Byers said yes, all within 250
feet of property. Jim Kluttz, Rusty Fleetwood and others did not
receive a letter. Ms. Byers said that she mailed out 40 letters.
Mr. Kluttz said that the whole subdivision started out as R -1 and
over a 5 year period the majority was rezoned to R -T and that the
City should not use the surrounding area as a standard for
property, spot zoning hurts - it was a real loss to Tom and Cindy
Spencer and we don't need to repeat the errors of the past. Mr.
Kluttz said that plans for the property used to be reviewed
before voting on a rezoning request. Linda Larsen agrees that
spot zoning does hurt the remaining property. Don Donohue said he
doesn't know what is going to be built and we should know what is
planned for property. Ms. Byers answered that in a R -T zone that
a site plan is required and that Council would have to vote on
it. Ms. Ann Carol said that she did not receive a notice, the
lots are small, but if building was the same as hers then she
would be fine with that. City Attorney Hughes stated that what
might happen to the property can be factored into your decision
but if the land is rezoned to R -T it must have a site plan review
approved by Council. Youmans said that this is rezoning just for
the sake of rezoning, usually it is for a specific reason. Mr.
Penn Myrick said that you must have two parking spaces for each
unit, the main reason is to sell and make bucks. Mayor Parker
closed the public hearing.
Mayor Parker opened the public hearing on a petition from
Mr. Penn Myrick for approval of a site plan for condos at 17th
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Street and Strand. Mr. Myrick said that he will go by the
building codes and that he is not asking for a height variance or
a rezoning. Pearce said Mr. Myrick indicated he would include
green space. Mr. Myrick answered that 30% of land would be green
space. No one wished to comment. Mayor Parker closed the public
hearing.
Mayor Parker opened the meeting for business legally
presented. Youmans moved to approve a one day beer permit for Mr.
John Yarbrough for May 24, 1997. Wildi seconded. Vote by Council
was unanimous. Pearce moved to approve the volleyball courts
concept and appoint Allan McCulloch as a consultant. Remeta
seconded. Youmans amended the motion by stating that we need to
get started on Memorial Park now. Pearce accepted the amendment.
Vote by Council was unanimous. Pearce moved to deny the rezoning
request petitioned by Mr. Grey and Mr. Pugin. Hosti seconded.
Vote by Council to deny were Merves, Remeta, Hosti, Pearce;
opposing the denial were Youmans and Wildi. Pearce moved to
approve the site plan review petitioned by Penn Myrick. Remeta
seconded. Vote by Council was unanimous. The minutes from the
March meeting stand approved as read. Pearce moved to approve the
bills for the month of March. Remeta seconded. Vote by Council
was unanimous. City Manager said that the statistical reports
from each department were in the Council information packets.
Wildi questioned a fire that took place in March in a trash can
in the restrooms at Jaycee park saying that a T -shirt machine in
another office was left on, over heated and almost started a fire
in that office. Farmer said that he directed personnel to make
the machine and office safe. Remeta asked about a March 3rd
letter concerning the waste water treatment plant and has the
suggestion been investigated? Farmer answered that he has met
with the people at least two or three times and it was to
decrease the odor, a test run was completed and Superintendent
Reese was not pleased with the results.
Youmans said that this is the first time Council has had the
information on the Special Purpose Local Sales Tax extension and
he feels a workshop is in order. Youmans asked if the $600,000.
designated for Beach Renourishment could be changed and put
towards the water tank and lines? Remeta questioned the Community
Center stating that he thought money had to go towards drainage.
Youmans said that the old school has 10 rooms for community
activities and that we need a gym. Farmer said a Community Center
would house a gym. Youmans asked for an cost estimate for a gym?
Farmer said around a million and a half. Mayor Parker requested
Council to endorse the concept to extend the tax and then
negotiate later about the projects to fund.
Pat Locklear said that when he was Mayor that he wrote a letter
to the Chatham County Commissioner requesting the money so that
the City would get the interest. Farmer said that it is in the
agreement that City will receive monies. Pearce moved to table
any decision until the May meeting when an advertised Public
Hearing could be held. Remeta seconded. Vote by Council was
unanimous.
Pearce moved to accept the engineering proposal on the
elevated water storage tank design from Hussey, Gay, Bell &
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DeYoung, Inc. Hosti seconded. Vote by Council was 3 in favor
(Merves, Hosti, Pearce); 3 opposed (Youmans, Remeta, Wildi).
Mayor Parker broke the tie by voting in favor of the proposal.
Pearce moved to accept the engineering proposal for the
water system improvement from Hussey, Gay, Bell & DeYoung, Inc.
Hosti seconded. Voting in favor were Merves, Hosti, Pearce.
Voting against were Youmans, Remeta, Wildi. Mayor Parker broke
the tie by voting in favor of the proposal.
Youmans moved to deny the parking area paving proposal at
the museum because without paving you don't need drainage. Remeta
seconded. Councilmember voting to deny (Merves, Youmans, Remeta,
Wildi); opposed to denial (Hosti, Pearce).
Pearce moved to update the Ga. DCA Short Term Work Program
which is scheduled to expire in 98. Hosti seconded. Vote by
Council was unanimous. Ms. Byers said this study and plan falls
under the Planning Commission duties and that a committee will be
appointed at their next meeting.
Mayor Parker suggest review and postponement of any decision
on the Olsen, Inc. proposal for the Back River project. Youmans
said that 2nd Street is the worst place on the island and they
received nothing from the last renourishment. Pearce said this is
premature and should be postponed. Mayor Parker said he plans to
meet with the Mayor of Folly Beach about funding for adverse
effects due to port deepening. Remeta said that north beach next
to the Savannah River has severe erosion problems. Youmans said
that at the end of Byers Street that we have lost 37 feet to
erosion. Mayor Parker said that Byers Street is not included in
the 934 project.
Merves moved to accept MFS /Sun Life of Canada (LIS) as City
Manager's retirement program. Pearce seconded. Vote by Council
was unanimous.
Wildi asked about the update to the occupational tax for
businesses stating that the flat rate was for the year 97 only.
Ms. Byers answered that she is still getting information for
research.
Youmans moved to approve the Alcohol Beverage license for
the Bramble Bush at 1518 Butler Avenue. Pearce seconded. Wildi
asked if there was a full kitchen as some bars operate without
one. Ms. Bramble answered yes it has a full kitchen and menu and
has had one for the past 3 years. Vote by Council was unanimous.
Wildi moved to approve the alcohol beverage license for beer
and wine for Haino located at 27 Tybrisia Street. Youmans
seconded. Vote by Council was unanimous.
Youmans recommended leaving the parking lots open from 8 am
until 8 pm daily, to collect $5.00 per car until 5 pm. and then
drop to $3.00 per car, meters will also be checked up until 8
P.M., and let the decision on whether to open lots because of
weather be left up to City Manager or Parking Director. Pearce
seconded. Merves said to drop to $3.00 at 3 pm. Mayor Parker said
that lose revenue for the city. Vote by Council was 5 in favor
(Youmans, Remeta, Hosti, Wildi, Pearce); 1 opposed (Merves).
Mayor Parker called for a 10 minute break at 9:20 pm. After
the break Youmans moved that Section 2 -1 -1 Compensation of Mayor
and Council members be removed from the agenda. Remeta seconded.
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Vote by Council was unanimous.
The following ordinances were heard on their first reading
and were passed unanimously by Council: Mayor and Council 2 -1 -2
Permanent Committee (delete); 2 -1 -3 Signing of Checks; Finance -
Administration 3 -1 -3 (b)(c) Appropriation Policy; 3 -1 -6
Responsibility for Financial Administration; Property Taxes 3 -2-
11 Levy; Tax Rate; 3 -2 -13 Tax Due and Payable; Alcohol Beverage
3 -2 -29 Revocation of Wholesaler's License, Confiscation of Liquor
for Violating Article; Hotel, Motel Excise Tax 3 -2 -43 Returns as
to Proceeds of Sales or Charges; Taxation of Proceeds; Reports;
3 -2 -44 Duty of Dealer to keep Records of Sales and Charges;
Occupation, Professional and Business Tax 3 -2 -59 When Tax Due and
Payable; Effect of Transacting Business when Tax Delinquent; 3 -2-
62.2 Penalty of Ordinance Violation; 3 -2 -66 Tax Registration to
be Revoked for Failure to Pay Tax, File Returns,Permit Inspection
of Books; 3 -2 -67 Amendment, Repeal of Provision; 3 -2 -68
Enforcement of Provisions; 3 -2 -72 Regulatory Fees; Schedule;
Public Safety Police 4 -1 -1 Chief of Police; powers and duties; 4-
1-2 Patrol and Arrest Powers; 4 -1 -4 Abuse of process; withholding
evidence; Public Safety Fire 4 -2 -2 Department controlled by
Chief; 4 -2 -3 Volunteers- Compensation; 4 -2 -21 Adoption; 4 -2 -25
Fire on Vacant land; prohibited; Emergency Management 4 -3 -1
Emergency Management Agency; Created; Composition; Voting Status;
Animal Control 4 -1 -1 Definition Animal Control; 4 -4 -2 Animals
running at large; 4 -4 -8 Penalty; 4 -4 -25 Impoundment of Dogs and
Cats; 4 -4 -28 (b) Restriction on dogs and cats running at large.
The following ordinances were read and discussed for their
first reading: 3 -2 -3 Taxation and Revenue 4 in favor ( Merves,
Hosti, Wildi, Pearce); 2 opposed (Youmans, Remeta); Public Safety
Fire 4 -2 -4 Same Direction and Control of members, consent to
engage in work - 3 in favor (Merves, Wildi, Pearce); 3 opposed
(Youmans, Remeta, Hosti) Mayor broke tie by voting in favor of
ordinance; 4 -2 -22 Establishment and duties of bureau of Fire
Prevention - Youmans moved to delete A.B.C. Remeta seconded.
Unanimous vote; 4 -4 -28 Delegation of shelter for impounded dogs
and cats - Hosti moved to add the words "at no cost to the
City" - Youmans seconded. Unanimous vote by Council.
The following ordinances were voted on to leave as is:
Boards, Commissions, Authorities 2 -3 -30 Personnel Board;
Personnel 2 -4 -2 Allocation of Officers and Positions to
Classified or Exempt Service; Animal Control 4 -4 -11 Costs; 4 -4 -31
Costs.
Council said that they would defer consideration of the
following ordinances dealing with Emergency Management 4 -3 -4
Created; 4 -3 -5 Powers and Duties; 4 -3 -6 Membership, Etc.; 4 -3 -7
Officers, Meeting Etc.; 4 -3 -8 Termination of Membership and 4 -3 -9
Duties of City Manager.
As it was after 11 P.M. Council voted to have first reading
and discussion on the remaining ordinances at the May meeting.
Youmans moved that Council deny signing the resolution on
Public Safety Spectrum Allocation. Remeta seconded. Vote by
Council was unanimous.
Remeta moved to go into executive session to discuss
Litigation and the annual review of the City Manager. Pearce
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seconded.
Mayor Parker reconvened the regular meeting stating if there
was no further business to come before Council that the meeting
was adjourned.
Mayor Walter W. Parker
P R O C L A M A T I O N 1
Poppy Days
WHEREAS, The Tybee Island American Legion Post 154 Auxiliary
will be selling Poppies to support American Veterans,
and
WHEREAS, National Poppy Day has been set aside by the United
States Government as days in which to help our disabled
American Veterans, and
WHEREAS, All donations received from the sale of poppies go
directly to the aid of brave veterans and their
families:
NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE
ISLAND, GEORGIA, DO HEREBY PROCLAIM FRIDAY, APRIL 25th AND
SATURDAY, APRIL 26th AS
"POPPY DAYS ON TYBEE ISLAND"
AND I HEREBY REQUEST THAT ALL CITIZENS AND VISITORS TO TYBEE
ISLAND SUPPORT THE EFFORTS OF AMERICAN LEGION POST 154 IN THEIR
EFFORTS TO HONOR THE SACRIFICES OF OUR ESTEEMED DISABLED AMERICAN
VETERANS.
PROCLAIMED THIS 10th DAY OF APRIL, 1997.
Mayor Walter W.
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Bills for the month of March 97
General Government 56,104.06
Police 62,342.99
Fire 5,007.43
Public Works
Sanitation
50,462.12
33,494.97
Recreation /Lifeguard
Parking Services 10,447.77
Water Sewer 73,296.97
Fund Three 0
Fund Four Bond 720.00
HUSSEY, GAY, BELL & DEYOUNG, INC.
CONSULTING ENGINEERS
March 26, 1997
Dr. Bill Farmer
City Manager
City of Tybee Island
403 Butler Avenue
Post Office Box 2749
Tybee Island, Georgia 31328 -2749
RE: ENGINEERING PROPOSAL
Elevated Storage Tank Design
Dear Dr. Farmer:
We are pleased to present our proposal for the design of a 150,000 gallon elevated storage tank for
the City of Tybee Island. The elevated storage tank is to be located on the site of the existing tank
at 2nd Avenue. Our services will include the following:
Item l: Soil Report. We will take one (1) soil boring at the proposed
elevated tank site and prepare a report of the conditions. Foundation design for the
tank will be the responsibility of the tank contractor.
Item 2: Elevated Storage Tank. We will prepare plans, specifications and
contract documents for the elevated storage tank. The specifications will be for a
used or new tank requiring a design to be based on a wind load up to a Class 4
hurricane or up to 150 mile per hour winds.
Item 3: Well Controls and Tank Electrical. We will revise the design
controls for the three (3) wells and electrical for the new elevated tank.
Item 4: Topographic Survey. We will perform a topographic survey locating
all structures on the City property at 2nd Avenue necessary to complete the design.
Item 5: Contract Administration. We will assist the City in advertising for
bids, review of all bids and make a recommend of award. In addition, we will prepare
a contract for execution between the selected contractor and the City, review
necessary shop drawings submitted by the contractor, review periodic pay estimates
and prepare as -built drawings based on information provided by the contractor.
ROY HUSSEY, P.E.
BENJAMIN E. GAY. P.E.
GUS H. SELL, RE.
RICHARD B. DEYOUNG, P.E.
:V ILLIAM H. LOVETT
329 COMMERCIAL DRIVES P.O. BOX 14247" SAVANNAH. GEORGIA 31416 -1247
(912) 354 - 4626' FAX: ;912) 354-6754
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Dr. Bill Farmer
March 26, 1997
Page Two
Item 6: Construction Observation. We will provide periodic on -site
inspection to determine that the contractor completes the project in reasonable
accordance with the plans and specifications.
Our fees for the above tasks will be on an hourly basis in accordance with the attached Schedule of
Hourly Rates. Fees for Items 1. 2, 3, and 4 will not exceed $16,700.00 without prior approval by the
City. Fees for Items 5 and 6 will be on an hourly basis in accordance with our attached hourly rates.
We appreciate the portunity to present this proposal and will use a signed copy as our Notice to
Proceed. Please retain a copy for your records.
Sincerely,
William H. Lovett
Vice President
WRW:kal
c: Mr. Bob Whelchel - Hussey, Gay, Bell & DeYoung, Inc.
Attachments
ACCEPTED BY:
NAME AND TITLE:
Walter W. Parker, Mayor
DATE: April 10, 1997
(Please Print)
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March 26, 1997
Dr. Bill Farmer
City Manager
City of Tybee Island
403 Butler Avenue
Post Office Box 2749
Tybee Island, Georgia 31328 -2749
RE: ENGINEERING PROPOSAL
Water System Improvements
Dear Dr. Farmer:
We are pleased to submit our proposal for engineering services in connection with the above
referenced project. The project will provide approximately 5,800 linear feet of 12 -inch water main
from the elevated storage tank at Fort Screven to the 12 -inch water main on Lovell Street at 2'
Avenue.
Our services will include the following items:
Item 1: Route and Topographic Survey: We will perform route surveys
along the 5,800 linear feet alignment locating all features along the route. taking
cross - sections as necessary to complete the design. Preparation of easement and fee
simple plats are not included.
Item 2: Design: We will design the water main interconnections and
prepare plans, specifications and contract documents for the water system
improvements.
Item 3: Permit Application: We will assist the owner in the permit
application process, including meeting with reviewing agencies as necessary. Georgia
DOT, Georgia Department of Natural Resources' Environmental Protection Division.
Soil Conservation Service and related permit applications will be submitted to the
respective agencies upon completion of surveys and design.
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Dr. Bill Farmer
March 26, 1997
Page Two
Item 4: Contract Administration: We will assist the City in advertising for
bids, reviewing all bids and make a recommendation of award. In addition, we will
prepare a contract for execution between the selected contractor and the City, review
necessary shop drawings submitted by the contractor, review periodic pay estimates
and prepare as -built drawings based on information provided by the contractor.
Item 5: Construction Observation: We will provide periodic on -site
inspection to determine that the contractor completes the project in reasonable
accordance' vith the plans and specifications.
Our fees for the above tasks will be on an hourly basis in accordance with the attached Schedule of
Hourly Rates. Fees for Items 1 and 2 will not exceed $14,550.00 without prior approval by the City.
Fees for Items 3. 4, and 5 will be on an hourly basis in accordance with out attached hourly rates.
We appreciate the opportunity to present this proposal and will use a signed copy as our Notice to
Proceed. Please retain a copy for your records.
Sincerely,
William H. Lovett
Vice President
WRW:kal
Attachments
c: Bob Whelchel - Hussey, Gay, Bell & DeYoung, Ine-
BY:
7k/
,�, _„- --f j'� yam" r✓
ACCEPTED
(Signature)
NAME AND TITLE:
DATE:
Walter W. Parker, Mayor
(Please Print)
April 10, 1997
1 SCHEDULE OF HOURLY RATES I
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Hussey, Gay, Bell & DeYoung, Inc.
Consulting Engineers
Savannah. Georgia
Principal Engineer
Engineer IV
Engineer III
Engineer II
Engineer I
Assistant Engineer
Engineer Aide/Technician
Draftsman III
Draftsman II
Draftsman I
Senior Project Representative
Project Representative
Four -Man Survey Crew
Three -Man Survey Crew
Two -Man Survey Crew
Clerical
CADD
CASD
Hydrographic Boat and Equipment
$95.00
$80.00
$70.00
$63.00
$57.00
$52.00
$47.00
$42.00
$37.00
$32.00
$44.00
$40.00
$85.00
$77.00
$68.00
$30.00
$12.00
$12.00
$22.00
January 1, 1996 -m