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HomeMy Public PortalAbout19971009CCMeeting1 1 1 1997- 10 -09. City Council Minutes - October 9, 1997 The Tybee Island City Council held its first meeting in October on the 9th at 7:30 P.M. Mayor Walter Parker called the meeting to order with the following members of Council present: Jack Youmans, William Remeta, Michael A. Hosti, Mallory Pearce, and John O'Neill. Mayor Parker announced that Councilmember Merves was out of town, City Manager Farmer has an illness in his family, and that Assistant City Manager Fripp was ill. City Attorney Edward Hughes was present to give legal advice to Council. Mayor Parker asked Reverend Lee Bennet to give the invocation followed by the Pledge of Allegiance. Mayor Parker requested all the candidates in the audience to stand up and be recognized. Mayor Parker stated that it is possible that Senator Eric Johnson has postponed his visit to discuss the additional 1% Hotel /Motel tax to fund the Trade Center on Hutchinson Island until the October 23rd meeting at which time the hotel and motel owners will appear before Council. Mr. Bernie Goode of 901 Jones Avenue was the first visitor to come before Council, reading a 2 page statement concerning the traffic on Jones Avenue. (Copy of statement is attached and becomes a part of these minutes.) Mr. Goode also presented Council with a second petition dealing with opposing the widening of Jones Avenue. This petition was signed by 150 people. The first petition dealt with 4 way stop signs every third street on Jones. Mr. Goode requested Council not to defer a decision for further study but to vote for the kids tonight. Mr. Penn Myrick requested Council to give him 2 feet of City right -of -way on 17th Street in order for him to have a small drainage field and a buffer between his South Beach Condos and Fannies on the Beach. This would allow Mr. Myrick to move the footprint of his building over 2 feet. Pearce asked if Mr. Myrick could reduce the width of the building. Mr. Myrick answered that he would lose 6 apartments if he had to reduce the width. Pearce asked if the buffer was to be on City land, as he could hardly read Myrick's letter. Remeta asked what street would this move the building closer to? Myrick answered 17th Street and told Pearce in order to read his note to Council you must know how to read. Ms. Jenny Orr stated that she came prepared to speak against Myrick. The structure is so close to property line. The rendering shows eaves and gutters; there are problems. Ms. Orr stated that she has had a bad two days this week. Ms. Orr is in support for the City to allow Myrick to place building 2 feet into the right - of -way on 17th Street because then she would not have to deal with Myrick anymore. Mr. Mark Shapiro of 1302 Jones Avenue said that he has lived on Tybee for the past three years and that traffic has gotten worse because the island is growing. Mr. Shapiro mentioned that 1 1 1 he followed a speeder on Jones, got the license number before losing sight of vehicle. Mr. Shapiro said he called police and gave them the information, was told never to follow a speeder. Mr. Shapiro said the police never did anything. Mr. Dave Welker asked how many people have ever tried to ride a bike from the curve to Jones. Bike traffic needs another way through Memorial Park. Mr. Welker said that widening Jones would just make cars go faster but he is in favor of sidewalks with gutters for Jones. Mrs. Ann Monaghan said that she walked Jones Avenue last Saturday and feared for her life. Ms. Monaghan said that bus stops should be clearly marked, bike paths are needed, safety on all streets on Tybee. Mr. John Jarvis stated that you need to educate the people behind the wheel not the stop signs. Mr. Jarvis read an excerpt from the Savannah Morning News concerning traffic control and signs. Mr. Jarvis said that Mr. Goode admitted he was sorry he bought on Jones. Chief Jim Price stated that there are only two streets on Tybee going north to south without stop signs, Jones and Butler. Price said that if you take traffic off of Jones they are going to go to Butler. Price said that Tybee residents use Jones and that several of them have received tickets in the past few weeks. Parker said that all understand the problem on Jones and that children are supposed to use Lovell. Parker said the widening was for two feet on each side for joggers. Price said only people living on Jones should sign any petition. He stated that Jones was a State road at one time. Price said that Butler was pretty with the palm tree island down the middle but they did away with it in order to widen the street and install parking meters. Price said that there has been 19 accidents in the past 2 years so his suggestion is to widen Jones to the full 60 feet right -of -way and make bike paths and sidewalks. Youmans asked if 4 way stop signs are safer? Price said people would have to get used to them. Mr. Shapiro said that Farmer had said 4 feet on each side, remember there are water and sewer lines under the road, and the road would be real close to old houses along Jones. Mr. Shapiro told Chief Price he was talking nonsense. Price answered that he is talking safety. Mr. Shapiro stated that Butler Avenue was not filled during the summer and that the reason that Jones has no stops is because of the Chief. Ms. Nancy Ryan said that she had addressed a problem to Chief Price and Price said that people new to the island are trying to change things. Ms. Ryan said that Chief Price has a bad attitude. Ms. Tonja Murphy addressed Council concerning the YMCA Aerobic program. Ms. Murphy said she wanted it noted that Mr. Chafin had not met with the aerobic class on October 6th. Ms. Murphy said Mr. Chafin, Chairman of the Recreation Commission, came over to class and announced that the Y would be out of there in 30 days. Myself and the 7 ladies with me are very upset over this issue. Ms. Murphy stated that Ms. Newman is loyal to the Y, plus you must have a certain criteria for being an instructor of aerobics. Ms. Murphy said if there is $11,000. left in the budget, why can't the City help subsidize the program. Youmans said that the Recreation Commission was put together for the sole purpose for 1 1 1 the Y to do their thing and co- ordinate with the Tybee Recreation Department. Parker said that the Commission can only make recommendations to Council, they have no other authority. Mayor Parker opened, asked for comments from the audience, and closed the Public Hearings listed below according to law: 1. Council agreed unanimously to send the proposed text amendments to the Land Use Code back to the Planning Commission and that a workshop should be set up for Council. Hosti asked if the changes to the code are the highlighted areas? Zoning Administrator answered yes, this is the way Code Master works, shaded areas are changes and the lines through the words mean that part is to be deleted. 2. A model ordinance for a telecommunication towers from GMA was heard by Council. Byers explained that the model ordinance was changed to reflect our zoning districts where towers are allowed. Pearce said a workshop is needed. 3. A minor subdivision petitioned by Dr. Jim Taylor and Richard Marlow, PIN 4- 22 -1 -8B, 1421 Highway 80, was presented by Dr Taylor. Dr Taylor said this is adjacent to the North Wave subdivision that Council approved at a prior Council meeting. What we would like is to take one tract of land and make two lots. Pearce asked if the lots are in code specifications. Ms. Byers explained that lot 20 has a purchaser. Hosti asked if all the land was buildable? Dr. Taylor answered yes. Hosti asked about wet lands? Dr Taylor said there are no wet lands. Youmans said that there is an access easement to Bay Street. Dr Taylor said he is aware of the easement plus the water and sewer lines. 4. Attorney John Hart presented the petition from Mr. Henry Buckley, Jr. for a minor subdivision, PIN 4- 2 -1 -1, 1431 Highway 80, and site plan review. This was filed back in September. Hart said that he has spoken with City Attorney Hughes. Planning Commission approved subdivision. Byers stated Farmer said site plan review not needed. Hughes said that he had received a letter from Mr. Robertson about the use of property, about constructing a 180 foot communication tower. Hughes said this would be the first private property request for a tower. Mr. Robertson asked for what is necessary. Mr. Hughes said that a site plan review is needed and that the tower amounts to a structure under the ordinance height limit. The Telecommunication Act of 1996 it gives local government the right to zone and regulate the control of the placement of towers. Hughes said because of timing that he does not believe Mr. Robertson's permit application will be stopped by the moratorium. Hughes said that Council can ask questions - like height of 180 feet, how many towers on the island, table the tower. Bell South is going on the new water tank, all others are on Fort Screven water storage tank. Attorney Hart stated that he became involved with the tower issue and helped put the Chatham County Tower Ordinance together, there were twelve drafts. There are so many issues to be dealt with concerning a tower with the communication age going on and the Federal Government Act on Interstate Communications. Hart said that cellular phones will withstand hurricane strikes. All emergency agencies can communicate with each other. Hart cited 1 1 1 that Tybee does not have a tower ordinance. Buckley and Robertson said that they have received approval from the City. Hart said that the site is good - relay capacity from a technical standpoint is a good location - Federal law preempts local governments that do not have an ordinance in place. Hart said that the application has met all the City requirements and to put moratorium after the fact is not good. Hart stated that a site plan was submitted with the application for the minor subdivision request and met all the Chatham County requirements. Other communications can locate on that tower. Parker said that he sees no problem with the minor subdivision but do we have to address the height on this structure being built, and do we not need a variance request on this issue? Hughes said that he does not think because of the Telecommunication Act you can require a showing of a hardship under ordinary variance standard in order to grant them the ability to go in access of 35 feet. But I do think that because there is a height restriction on the structure and I consider this to be a structure, that you are entitled to have a site plan review on this and determine why it has to be 180 feet and whether there is anything that can be done to lessen the aesthetic impact or to make sure it will be consistent with the City's overall goals to the extent that balance against Mr. Robertson's and Mr. Buckley's goals. I agree with Mr. Hart that the moratorium has no effect on this, but my point is that I don't think you have before you the technical information that you may want to have in order to act yea or nay on the permit application? Pearce stated the agenda says you are only asking for a subdivision or you also asking us to give you permission to put this up? Hart said there is a question of whether we are at that juncture now, we think we have done everything under your current law that we know how to do, we have submitted a minor subdivision which your Planning Commission has approved. At that time we asked for site approval on the structure itself, and were told that was not necessary and the only other alternative that I am aware of, unless I am told that there is another administrative remedy is to come to you and ask for that approval. Our view of that in regard to the technical aspect of this tower is the entire technical aspect of the tower in design and submitted and your engineering has approved and I believe that sits on Ms Byers desk as approved from an engineering standpoint. I would make this point to you in regard to this that the present time Mr. Hughes takes the position that your 35 foot height level applies to structures and that this tower would be a structure and in all fairness to both sides I disagree with that but I can certainly understand how he can reach that conclusion but then you would question if you take the word structure that far out how many light poles have you required a variance on, how many telephone poles have you required a variance on and that definition fit structure so you can get to the theater of the absurd on that but at 35 feet there is no communication tower that will effectively work anywhere. Parker said he thinks Council understands. Youmans said at the last Council meeting he sat right there and told you people that I had a lot and I would like to put a tower on it and I was told it was going to be 1 1 1 impossible, now we come around here and, on private property I requested, I asked what I had to go through to do it and I was told I couldn't do it at all, Remember that? Parker answered no he doesn't remember. I don't doubt you asked but I don't remember you asking. Hughes said he remembers Jack asking if this came up in the same context as the moratorium and you asked if somebody had a piece of private property could they just go put up a tower on it and I answered no, there would be a problem with the height and I did not know you were talking about filing an application for yourself but there is another reason you can't do that. I got the land all I want due to the fact that the City was giving the people such a run a round I asked if I could let them put one on my private property. O'Neill stated he remembers that. O'Neill said what bothers him the most about this more than the fact that we know that probably, we should not as a City afford ourselves as a City the opportunity to lease out space for the towers unless a private citizen who has space who would like to do the same thing is accorded the same consideration. Long range planning, where we are going to put towers, how we are going to deal with the various companies and the new technology that comes down, if I understand right you have room on that tower for five separate services, is that right? Robertson answered that it is designed for four. O'Neill stated that you have room for another tower in that area you are proposing. O'Neill asked if we going to address in all this the public vs. the private sector being involved in this? We should not compete with the private sector when it comes to leasing space for technology. Hart answered the question concerning the federal Communication Act on private and public sector. Hart stated that it is not fair to somebody who already has existing property who has obeyed your laws, done their homework, had approval from an engineering standpoint, has done what they need to do to come before you, and to be put off in never, never land. These folks have made some long range financial commitment which they are on the hook for today based on good faith representation by some of your people within your community that they are in compliance with what you have to do to do what you need to do to put a tower down here at Tybee. You have very good people working at Town Hall, you want to know where you stand, you call them up and ask them and they are very cooperative. Tonight, we would like to go ahead and proceed with our tower and share any information that we have with you. Remeta does think it is unfair, we have been negotiating with this company for the last couple of years, and then for a private person to be denied that right, it is not fair, the location is excellent. How does this compare with the one at William's Seafood? Hart answered that it is hard to judge tower height because they are deceiving unless you really get out and run a balloon test. Chatham allows 180 feet max. The higher you go the more co- location you can have on the tower and therefore the fewer towers needed. This type of tower would cure problems that the town will be facing. There is no way to make them beautiful. At this location you do not have to worry about somebody's backyard. Hart requested that the City issue the permit and approve the site plan so that we can go forward. Parker asked 1 1 1 about the wind velocity? Hart answered 110 wind load. Parker asked if anyone wished to speak for or against this petition. Youmans said that all that is on the agenda is a subdivision. Parker said he is aware of that. Hughes said that the moratorium asked for in September that would stop everything from the date of adoption for three months. This would not apply to applications that already exist. Hughes said that there is an ordinance prepared that would place the moratorium in effect until we had an opportunity to review all this and determine what zones and locations. Parker asked if there are any question of Hughes? Youmans said that we are not voting on this tonight. Parker said that we should vote on this tonight. Hughes stated that we are in a public hearing now. Hughes asked Ms. Byers if the other application, Mr. Robertson's application, was that advertised as site plan review or subdivision? Byers answered was advertised as site plan review and after the ad was done that Bill Farmer had determined that it did not need site plan review. Hughes said that it was advertised as a site plan review? Byers answered yes, but that the Planning Commission did not look at it as a site plan but were made aware of where the tower would sit on the piece of property. Mayor Parker opened the meeting for business legally presented. Pearce moved to accept the minutes as written. Hosti seconded. Vote by Council was unanimous. Pearce moved to place 4 way stop signs on Jones Avenue at the intersection of Tybrisa, 12th, 9th, 6th and 3rd Streets. Motion failed for a lack of a second. Youmans moved to wait for any decision until the Chief finished his survey with his machines and things, Youmans said that he acknowledges problems with the speeders, but the biggest hazard is the 4 way stop. Remeta seconded. Voting in favor for the motion were Youmans, Remeta, Hosti, and O'Neill; abstained Pearce. Parker said information will be at the October 23rd Council meeting. Parker will get in touch with the County engineers to see if he can get a survey for the City. Remeta is concerned about the school bus stops. Youmans asked if there was a price per square foot on the request of acquiring two feet of right a way on 17th Street in order to moved his buildings footprint into the 2 feet. Parker answered Youmans that Myrick did not want to buy the property but wanted the City to give it to him. Hughes said that the City can not just give away right of way, would have to look into this issue, appraisal would need to be completed. Pearce said he is reluctant to give away City land and is the issue drainage? Parker answered drainage is not the issue. Hosti asked Mr. Myrick if he wanted to have an appraisal done on his request. Mr. Myrick answered no from the audience. Pearce moved to adopt the GEFA Resolution presented by Mr. Bill Lovett of Hussey, Gay, Bell and DeYoung. Hosti seconded. Mr. Lovett said that January is when the connection of the tank with a 12" water line should be complete. The water storage tank would begin after Labor Day 98 and be complete by Memorial Day 99. Bid the job this winter in order for them to construct the tank. 1 1 1 Lovett said that GEFA loans are at low interest and a good source of funding and that by passing this resolution does not obligate the City. Voting in favor of adoption were Hosti, Pearce, and O'Neill. Opposed were Youmans and Remeta. Remeta asked how much for the water storage tank? Lovett answered between $560,000 to $600,000. Remeta said that this is for the tank only and not the lines? Lovett said that the loan is only for the tank, that the City has purchased the material for the line already and I don't know how much you paid for the materials. Youmans said we better go ahead and borrow the funds to pay for the 12 in line connection. Parker said the City has the money for that project. Youmans stated that by having the Recreation Commission the City was not taking anything away from the Y just join together. Remeta said that a Recreation Board had worked at one time, but it seems that things got out of hand and some tail feathers have been ruffled. I don't think it was defined to the Commission what their purpose was perhaps. It is not the intent to abolish programs but to make programs. Parker said the Commission has worked hard. Remeta said that he would like to hear from the board members who resigned, maybe they could shed some light on what is going on. Remeta said that we just can't seem to get the ball rolling in the Recreation Department. Parker stated that the City needs to advertise a full time recreation director, with the Commission still being involved. Mr. Bucky Chafin said that since he has been accused of all this stuff at least he needs to defend himself. Chafin asked how can his board advise Council if we can not speak to people to get their ideas and our about our ideas. Mr. Chafin said that Farmer told him that the City had to give the Y a 30 day notice, the letter I wrote said something about hiring Ms. Newman and that he was not disrespectful to anyone. Youmans said if the people are satisfied why would City want to get involved. Y to do their thing and the City to do ours, just do not overlap programs. Youmans said we were supposed to work together. Chafin said if you'll give the budget then we can give everyone of these people out here. Youmans said that was not the problem at all, again Youmans stated that we were suppose to let the Y do their thing and the City do their's and not to overlap services. Chafin said that he had met with Bill Farmer and each one taped the meeting. He said that either we give the Y something or we give nothing and I think that we can run the programs better than the Y and cheaper. Parker said that is the recommendation that you should give to Council. Remeta said that the City Manager stepped out of bounds, because it is not his place to say either the YMCA or the Tybee Recreation Department or whatever is our decision, not his. Pearce reminded everyone what the Charter says that Bill Farmer has the hiring and firing authority and moved that the City Manager do advertising, and write a job description, for a recreation director and come back to us with an amended budget and continue with the Y contract. O'Neill seconded. Youmans questioned what contract? Pearce answered the aerobics. Parker said that they also do the in -line hockey. Chafin said to read the Y contract with the fees they plan to charge. Parker stated that the City plans to operate some programs. Hosti said that he is the ex- officio from Council on 1 1 1 the Recreation Commission and he tried to explain the functions of the board, but there are no rules of order in the ordinances. Hosti said that the Board only makes recommendations to the Council. Chafin stated that the only thing he can say is that we can give the ladies free aerobics with Ms. Newman and pretty sure that they can take something else, one of the ladies asked me about an exercise room and told her we could get that for her too, but if the Y gets it they will probably charge another $68.00. Talked about the motion concerning the Y from the Recreation Board. Board wants the opportunity for 12 months to fall on our face or make a success of it. Been involved in Little League and other activities and nobody can beat my record, spent my money when you'll had the money in the budget all these years. Parker said that they understand and nobody is trying to take anything away from you and you have done a good job. Remeta the Commission voted to handle all recreation for 12 months? Chafin answered yes. Parker said that was not the purpose. Hosti said that Commission was put together to help decide what programs that Tybee could run and what programs that the Y would run. The Commission decided that they did not want the Y to handle anything, not in the ordinance saying that the Y stays on the island, if that is what the Council intended that is not what the ordinance says. Motion was restated. O'Neill withdrew his second. Joe Pasily from the YMCA stated that there is not a whole lot to be said. The Y wants to have what the folks down here would like. Pasily said that Tybee gave permission to the Y to do what we need to do in any of the school rooms and that Ms. Newman will be there teaching aerobics. O'Neill said is the fact that we leaning towards the City Manager begin immediately for forming a criteria and setting a scale and all does not mean that we are going to do everything or eliminate anybody from doing anything, need to have a professional direction in place to coordinate whatever programs we are doing and coordinate who does what and how it all comes together. O'Neill said that governing by committee does not work, it works in some thing but doesn't work in recreation. O'Neill stated that 10 years ago he had attended the then Recreation Board meeting and I was afraid that I would get injured, and I did not attend another meeting. Youmans said that we need to look at the proposal before any advertising. Pearce said that the City Manager has the hiring and firing powers and he recommends that the City Manager develop the criteria for the hiring of a recreation director, come back to Council with an amended budget so that he can hire someone. Hosti seconded. O'Neill said we need someone in place to pull it all together. Joe Griffin said that it is unfair to bring someone in with the existing Commission in place, and feels that the City needs to start from scratch. Vote by Council was unanimous. Parker stated praise the Lord. O'Neill asked for a smoke break. Parker said we were going through the public hearings and then hear about Charles and Iris Bishop. Pearce moved to approve the minor subdivision of Taylor /Marlow, PIN 4- 22 -1 -8B, 1421 Highway 80. Hosti seconded. Vote by Council was unanimous. Hosti moved to approve minor subdivision of Buckley, PIN 4- 1 1 1 22 -1 -1, 1431 Highway 80. O'Neill seconded. Hughes said lets make sure we are all on same page. Pearce said to make it clear that we are only voting on minor subdivision. Hughes answered yes. Hughes said it is clear to me and it should be clear to everybody that they have applied for telecommunications tower, and I think you are putting form ahead of substance if you try cut that part of it out. The problem is that there wasn't in the ordinance any method for applying for a telecommunication tower because there wasn't a provision that covered that, so they have applied for everything that they know how to apply for under our ordinance to be allowed to put the tower. You have to act on that application within a reasonable time under Federal law, not tonight, you will have to give a written reason for whatever the decision is, but you can vote on the minor subdivision. Vote by Council was unanimous. Hughes said you still have the problem of the application for the tower. Youmans said it is not on the agenda. Hughes said it is what they applied for Jack. Parker isn't there something we want to know about this thing before we approve it. Hughes said they have asked for a 180 foot tower, you'll need to know whether they need the full 180 feet and what the effect. Parker said that is exactly right. Hughes said it was also advertised as site plan review. The site plan contained the tower on it and you are entitled to inquire as to as to what the plans are for the tower, whether that is the best way to do it. If you think you have enough information then vote on it, if don't I don't think you have to, you are entitled to ask for more at another meeting. Pearce stated that he does not think he has enough information and I have read the ordinance, table until a future meeting, what does the City Attorney recommend. Hughes answered you have to be quick under the Federal law you have to act in a reasonable time. Pearce said at the next meeting, since we just got this tonight. Pearce moves to table for a time that Hughes recommends and have a full discussion on this and hopefully they will provide more information. Hughes said that you must act on this in the same timely fashion that you act on any other zoning request and we have some of those stretch out for a long time and I believe Council should act on this at the next meeting 23 October. Remeta said that we could spend 4 more months and still not know the technical about telecommunications, same type of tower going all over Chatham County, following all Chatham's rules and regulations and I don't think waiting a week or two weeks is going to make us any more knowledgeable than we are now. Remeta said that they have applied for this application and I think we ought to act on it now. O'Neill stated that when the City was getting the money for the lease no one was concerned about the telecommunication industry. If it is good for the goose then it is good for the gander O'Neill said. We have not approve a tower yet in the City proper. Byers answered yes, an 80 foot tower has been approved. Youmans said it is a temporary tower. Byers said that there is no time limit for temporary tower. Parker said temporary until the water storage tank is built. No second to Pearce's motion, so it failed. Youmans moved to approve the site plan for Buckley. Remeta seconded. Hughes that is with the tower 1 LEASE AMENDMENT The Agreement between the City of Tybee Island and Beach Creams, Inc., George Jackson and George Spriggs, pertaining to the lease of a building known as the "North Beach Grill, and dated May 9, 1996, is amended as follows: Section 2. TERM OF LEASE: The lease term of 36 months is changed to 60 months, and the expiration date of April 30, 1999 is changed to April 30, 2001. Section 4. RENT: The following shall be added: For the twenty - four month term commencing on May 1, 1999 and terminating on April 30, 2001, the monthly rental shall be $800.00. Section 5. CONDITION OF PREMISES AND REPAIRS: The following shall be added: The parties hereto agree that the rent paid for the final two year term of this agreement, terminating on April 30, 2001, is a reduced rent from the market value of the property, in recognition that the Tenant has invested approximately $25,000 for improvements to the property, and said reduction in rent assists Tenant to recover the expenditures of their investment. In witness whereof the Landlord has hereunto set its hand and seal and Tenant has caused this Lease Amendment to be executed all on the day and year indicated below: cI 91►aG7 Date: CITY O, TYBEE ISLAND, GEORGIA 1 1 P R O C L A M A T I O N WHEREAS, Modern surgery is highly technical, sophisticated and exacting; and WHEREAS, The registered nurse in the Perioperative Arena is a highly skilled expert in providing nursing care and managing the perioperative environment; and WHEREAS, The surgical patient is going through a major crisis in his /her life and needs expert care for the menta, spiritual and physical aspects of their life during this crisis time the registered perioperative nurse acts as the patient's advocate during surgery; and WHEREAS, The registered perioperative nurse is also an expert is allaying the patient's fears, preparing the patient for what will happen during surgery and afterwards, and understanding the patient as a total person; NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM NOVEMBER 9th through NOVEMBER 15th AS " PERIOPERATIVE NURSES' WEEK" IN TYBEE ISLAND, DEDICATED TO THE RECOGNITION OF THIS COMMUNITY'S REGISTERED NURSES WHO PRACTICE IN THE PERIOPERATIVE ARENA. THIS 9t DAY OF O TOBER, 1997. MAYOR 1 1 RESOLUTION WHEREAS, the City of Tybee Island intends to request the General Assembly of Georgia to consider a bill adopting a new charter for the City of Tybee Island; and WHEREAS, the Mayor and Council desires that such proposed bill be transmitted to the appropriate office in the Georgia General Assembly; and WHEREAS, the City of Tybee Island wishes to conduct a referendum in the future at an appropriate time, at which time the citizens will be allowed to vote on adopting a new charter, which shall primarily consist of the charter which was in effect prior to January 1, 1996, NOW THEREFORE, be it resolved by the Mayor and Council of the City of Tybee Island, that the City Attorney is hereby authorized to prepare a draft of the proposed new charter and to transmit the same to the appropriate office of the Georgia General Assembly with a request that such bill be enacted at the upcoming session of the Georgia General Assembly. cc Adopted this C� day of P�Ce Z�.r„z, ATTEST: JACCI)LY 1 R. BROWN CLERK' OF COUNCIL 1997. iG.?I�GC�iv ALTER W. PARKER, MAYOR 1 1 A RESOLUTION OF THE CITY OF TYBEE ISLAND Whereas, the City of Tybee Island is a municipal community of 2,842 year'round citizens; and Whereas, the economic backbone of this community is the tourism industry arising from the natural resources unique to a barrier island and its ocean beaches; and Whereas, there are special challenges arising from the seasonal nature of our business economy which would benefit greatly from the Main Street approach developed by the National Trust for Historic Preservation and the Better Home Town Program sponsored by the Georgia Department of Community Affairs and Georgia Power Company with assistance from the Georgia Department of Industry, Trade & Tourism, the Georgia Municipal Association and the Municipal Electric Authority of Georgia; NOW THEN BE IT RESOLVED , AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED that the City of Tybee Island is an active candidate for Better Home Town status, which will bring opportunities for quality of life improvements for Tybee' people; AND BE IT FURTHER RESOLVED that the goal of promoting Tybee's downtown business district by continuing the revitalization of the past five years and enhancing the local economy so as to provide more and better jobs for local residents, is a top priority of this community's leadership - elected, appointed and volunteer. This 9th day of .October, 1997. Mayor Clerk of Council 1 1 1 at 180 feet. Youmans said yes. Vote by Council was 4 in favor, Youmans, Remeta, Hosti, O'Neill; Pearce opposed. Parker recognized Youmans who motioned not to accept the moratorium because he has a piece of property. Parker said that would be a conflict of interest. Pearce moved to approve the 90 day moratorium on the telecommunication towers. Hosti seconded. Vote by Council was 2 in favor (Pearce and Hosti); 3 opposed (Youmans, Remeta, O'Neill). Parker said no moratorium. Mrs. Iris Bishop addressed Council stating that she and Chuck are long time residents of Tybee, Chuck worked for the City for 31 years. Mrs. Bishop requested that Council sell to her a small area (50' X 100') of an unopened street. Parker asked Hughes what is procedure. Hughes explained about getting in touch with adjacent property owners. Mr. and Mrs Bishop approached the Council table for further discussion. It is so noted that Mrs. Bishop will have an appraisal and come back to Council for a decision. Remeta moved to accept the extension of the North Beach Grill Lease with the termination date of April 30, 2001. O'Neill seconded. Vote by Council was unanimous. It was so noted that the recommendation on the recreation has already been voted on. Remeta said that Ms. Byers made a good point about rules and procedures and that the Planning Commission rules and procedures could be easily adapted for the Recreation Commission. Parker asked Byers to get Chaffin a copy. Hosti moved to shift the next two highest vote getters from the first vote on the appointment to the recreation commission for the term of 3 years of Alice Martin and 1 term year of Jiggs Watson, and place the next highest vote getter in the one year term vacant slot. Youmans seconded. Vote by Council was 4 in favor (Youmans, Remeta, Hosti, Pearce); 1 opposed (O'Neill). Remeta moved to adopt a Proclamation for Perioperative Nurses Week. O'Neill seconded. Vote by Council was unanimous. Youmans moved to approve a Resolution requesting for a New City Charter. Remeta seconded. Vote by Council was 3 in favor (Youmans, Remeta, Hosti); 2 opposed (Pearce, O'Neill). It was agreed by Council to hold the 2nd meeting of November on the 20th, and the 2nd meeting in December on December 18th. Remeta moved to approve a Resolution for Better Home Towns. Pearce seconded. Vote by Council was unanimous. The accounts payable bills are approximately $181,000. Moved, seconded and approved. Remeta opposed. 1 1 1 Hosti said that Pat Pagan did not know about interest being moved. Brown said that Pagan gets a copy of minutes each month and does not take the time to read. Bids opened on September 11th for water system improvements as reported by Hussey, Gay, Bell & DeYoung, Inc. in a letter dated September 15, 1997 were discussed. Councilman Youmans said he'd like to table this discussion until the City Manager is present because this comes under his report and we need him here when we take it up. Mayor Parker noted that there was a separate document from Lanier as well. A motion to award the bid was made and seconded by Councilmen Hosti and Pearce respectively. Councilman Remeta questioned the cost predicted by the engineers compared to what seems to be the total cost as of now. Mayor Parker explained that the bid from Lanier is the materials for the project, not yet been approved. Mayor Parker said the Lanier bid is the low bid by over four thousand dollars, and confirmed that the engineers had seen these bids. Councilman Youmans said he can't personally vote for this without the City Manager being present to tell him how we're going to pay for this - where's the money? Mayor Parker said he didn't think it would be in the packet if the City Manager didn't have a plan to pay for it. Councilman Youmans said he didn't want to approve something like this and then next meeting hear that the only way we can pay for it is to raise the water rates. The vote on the motion was three to two, with Councilmen Remeta and Youmans casting the dissenting votes. The motion passed. There was discussion as to which, if either, of the bids had been voted on - materials (Lanier Municipal) or labor (Dixie Excavating). The City Attorney said he understood that Council had already voted on accepting the low bidder. Mallory Pearce suggested postponing everything until Bill Farmer is available. It was stated that Bill Lovett said we had already bought the pipe. Councilman Hosti moved that another vote be taken to accept Dixie Excavating's low bid at $89,000 +, seconded by Mallory Pearce. The motion passed by a vote of 3 to 2 with Councilmen Youmans and Remeta casting the dissenting votes. Pearce moved to postpone all other agenda items until the October 23rd meeting. The meeting was adjourne• • full Council. Mayor Walter W. Parker Clerk of Council, jrb 1 1 RESOLUTION AUTHORIZING MAYOR TO EXECUTE DOCUMENTS WHEREAS, the City of Tybee Island is desirous of constructing 150,000 gallon elevated water storage tank and other appurtenances to serve the citizens of the City of Tybee Island, and WHEREAS, the State of Georgia, Georgia Environmental Facilities Authority has a program for making loan funds available to Georgia Municipalities for the construction of such facilities; therefore BE IT RESOLVED that Walter W. Parker, Mayor, is hereby authorized and directed to execute on behalf of the City of Tybee Island any and all documents pertaining to the above noted loan. Adopted at a meeting of the Tybee Island City Council, on October 9, 1997. MAYOR AND COUNCIL BY: ATTES Walter W. Parker, Mayor