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HomeMy Public PortalAbout19980108CCMeeting1 1 1 1998- 01 -08. City Council Meeting Mayor Walter W. Parker called the January 8, 1998 Council meeting to order at 7:30 P.M. The following members of Council were present: Ed Merves, Jack Youmans, Anne P. Monaghan, Donald E. Anderson, Jr., Michael A. Hosti and Mallory Pearce. City Attorney Edward Hughes and Assistant City Manager Rowena Fripp were present. Councilmember Merves gave the invocation and was followed by the Pledge of Allegiance. Mr. Tom Sullivan and Ms. Pam Holland from the American Red Cross presented the City with a plaque and 3 certificates to Norman Berch, Sandra Cornelius, and Jackie Brown stating that Tybee has always had good response for the blood drives. A plaques was also presented for Michael J. Hosti, Tybee Market IGA, for the donation of the food and drink for the past three years. Mr. Sullivan said that over the past three years that 563 units have been collected on Tybee. Mr. Berch announced that the next blood drive would be January 22, 1998 at the Community House. Chief Price appeared as a visitor and stated that all the information from DOT concerning the Jones Avenue speed limit had not yet arrived at City Hall. Mayor Parker said that hopefully that this will be on the January 22nd agenda. Bill Lovett said that he will address issues further down on the agenda at the request of Bill Farmer. Mayor Parker opened the public hearing for a final plat approval for a major subdivision on a petition from Mr. Frank Koncul. Mr. Dick Smith presented the request stating that no change has been made since the preliminary plan. Smith said that the infrastructure is in place. Hughes said that the letter of credit needs modification to reflect maintenance since the infrastructure is in place. Pearce asked that the substandard lots of record be reconsidered by the developer. Hosti said that there were already foundations on the lots. No one spoke from the audience. Mayor Parker closed the public hearing and opened the meeting for business legally presented. Hosti moved to approve the major subdivision final plat for Frank Koncul at Meddin, Van Horn and Waxwood Streets. Youmans seconded. Vote by Council was unanimous. Pearce moved to accept the minutes from the December 11 and 18th Council meetings. Youmans seconded. Vote by Council was unanimous. Mayor Parker requested that Council hand in their recommendations for the 4 vacant seats on the planning commission. Mayor Parker mentioned the names of Richard Frankenhauser, Dick Smith, Bonnie Gaster, Steve King, Henry Levy, Rachel Perkins, Jiggs Watson and Debbie Kearney. Monaghan added Bernard Goode and Mary Ingalls. Mayor Parker requested that Council approve the following citizens to serve on the a new Tybrisa Park Commission with Attorney Hughes writing rules and guidelines for the commission: 1 1 1 Charlie Waggoner, Henry Levy, Pat Locklear, Sallie Day, Mike Scarbrough, and Belinda Flannigan with George Reese and Billy Pye as ex officio members. Youmans said that you need written rules and powers before appointments. Monaghan asked if this is different from the Better Home Towns. Parker said that this is one project in itself. Merves said that the concept of the commission is good but feels that the entire street and parking lots should be considered. Parker stated that you would consider this a phase. Hosti said that we have been talking about this project for 18 months to 2 years. Merves said to expand the scope of the task. Youmans disagrees stating that if we have people who will concentrate on this project then it will get done. Mr. Henry Levy said that they are working on the area of Inlet and Tybrisa, Tybrisa Street will be next. Levy said that we have a winner with the park project. Merves asked Levy if the commission would be beneficial to his committee. Mr. Levy answered yes. Pearce moved to approve the commission with the citizens mentioned to serve and that Hughes will write rules and regulations. Hosti seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti, Pearce); 1 opposed (Youmans). Youmans said that the commission is fine but they have no authority. Merves moved to accept the beach monitoring contract in the amount of $72,000 from Olsen and Associates for the third year on the recommendation of the DNR. Pearce seconded. Youmans stated that he wants to make sure this $72,000 will be paid out of the SPLOST. Youmans questioned how much was left in that fund. Ms. Fripp answered around $180,000. Vote by Council was 5 in favor (Merves, Youmans, Monaghan, Anderson, Pearce); 1 opposed Hosti. Fripp said that the permit states City is responsible for any adverse effects and they are not saying there are any, the harbor deepening may have had a bearing on erosion project. Youmans said that it will be a cold day before he votes for anything else that makes the City responsible for work done by the State or Federal government. Pearce said that he asked the City Manager for information on the water sewer connection fees, that we need an increase in the tapping fees to pay for the sewer plant upgrades. Bill Lovett of Hussey, Gay, Bell and DeYoung said that the City had them prepare a report on the WWTP capacity. Lovett stated that the City is not violating the permit in the poundage area but may be in violation in the volume. Lovett said that the problems only occur in the seasonal months. Mayor has requested from the EPD that the City be allowed to delete volume from the permit. Lovett said that poundage needs to be addressed. A proposal to expand will cost $1.25 million dollars. Lovett mentioned a ordinance on Age Construction. Pearce asked that recommendations be made at the next Council meeting. Hughes stated that he and Lovett have been talking and would meet to go over the ordinance. Youmans said that the water sewer department used to do the connecting, now the builders pay the fee and do it themselves. Mr. Dick Smith, a builder, said that the fees on Tybee are reasonable and could go up and still be compatible with Savannah. Smith said that it is only in the summer time that we have the problem not when a new building is constructed. Pearce said that we need to 1 1 1 explore ways to deal with summer rentals. Youmans said that maybe a smaller plant to handle the overflow for the 3 months out of the year. Hosti asked if we were measured by the day, week, month? Lovett said all of them.Lovett said that the City needs reaction from EPD on the letter from the Mayor and that he will check with them and see where we stand. Hosti said that we have a few months before the season begins. Pearce said that he would like to initiate discussion on the setback requirements in the C -1 Districts and he is open for suggestions from other Councilmembers. Youmans stated that every time we do something in zoning that we take away peoples' rights and the setbacks should stay the same. Merves stated that he agrees with Youmans in a way. Merves said that when we think on C -1 we think of retail stores - builders are putting residential units in the C -1 district and creating a mixed use, this will be the future ghettos. Youmans said that people who purchase the units do not want grass and yards. Byers said that she attended a 3 day seminar where mixed usage was discussed at length. Byers will ask Dave Rutherford of MPC to appear before Council at their January 22nd meeting to discuss sustainable mixed use. Byers said that this is a new trend in zoning. Youmans moved to adopt the 1998 Budget Resolution stating that there is only an increase of $60,000 from 1997's budget. Hosti and Merves seconded. Vote by Council was unanimous. A 2.5% COLA was moved for approval by Youmans and seconded by Pearce. This increase will be effective with the second payroll in January. Vote by Council was unanimous. The wage and classification plan for employees was tabled until the January 22nd meeting. Fripp said that the resolution from Bloomingdale was a sample resolution on open space that we need to modify and adopt for Tybee. Fripp said that Council has never had a presentation from MPC on the open space plan. Some statistical reports from different departments are in your Council packet for your review. Merves said that he received a letter from an employee and should we address it now or in closed session. Mayor Parker said that he has discussed this issue with the City Manager and is satisfied with his decision in this matter. Youmans moved to adjourn the meeting as there was no further business to come before Council d‘' yor Walter W. Parker Clerk of Council, jrb 1 1 1 Client OLSEN ASSOCIATES, INC. AN AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES City of Tybee Island P.O. Box 2749 403 Butler Ave. Tybee Island, GA 31328 -2749 Date: January 15, 1998 Project No.: ProjectName /Location: Tybee Island Shoreline Monitoring Program - Year 3 Scope /Intent and Extent of Services: Olsen Associates, Inc. shall provide survey and engineering services required to comply with the requirements of a Shoreline Monitoring Program as necessitated by the GA DNR. The Year 3 investigation shall seek to extend the results of the previous two years of monitoring and shall be in accordance with the work described by correspondence from Terry West dated January 5, 1998 Fee Arrangement: $72,065 L . S . Retainer Amount N/A Special Conditions: This work was authorized by the City Council in January, 1998. Prepared by: Erik J. Olsen, P.E. (Date) Olsen Associates, Inc. (Firm) The terms and conditions and the initials required on the reverse of this form are a part of this Agreement. Accepted by: aAle„J /49-987 (Signature) (Date) Walter W. Parker, Mayor (Name /Title) City of Tybee Island (Client) 4438 Herschel St. • Jacksonville, FL 32210 • (904) 387 -6114 • FAX (904) 384-7368 1 1 The Finn shall perform the services outlined in this Agreement for the stated fee arrangement. Access To Site: Unless otherwise stated, the Firm will have access to the site for activities necessary for the performance of the services. Fee: The total fee, ' shall not be exceeded 43rriter4.414achiga..pet.eego. Without written approval of the Client. Where the fee arranged is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. 1997 rates are as follows: I'�incipal: $135/Hr. Draftsperson: $51 /Hr. Senior Engineer: $105 /Hr. Administrative: $41 /Hr. Engineer /Sr.Designer: $75 /Hr. CADD: $61 /Hr. Expert Witness: All hourly rates associated with Administrative Hearings, expert witness testimony, depositions, etc. shall be burdened by a factor of 1.5. Direct Expenses: Billings/Payments: Invoices for the Firm's services shall be submitted, at the Firm's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, the Firm may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers, if applicable, shall be credited on the final invoice. Late Payments: Accouhts unpaid 60 days after the iq� ooice date may be subject to a monttily charge of 1.5% on the then unpaid balance • (18.0% true annual rate), at the sole elOtion of the Firm: In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall payall costs of collection, including reasonable attorney's fees and /or costs of liens. ' Indemnification: The Client shall indemnify and hold harmless the Firm and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attomey's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission, and /or strict liability of the Client, anyone 'directly or indirectly employed by the Client (except the Firm), or anyone for whose acts any of them may be liable. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not exceed our fee or $50,000, whichever is less. Such causes include, but are not limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Initial here!S (Firm) (Client) Termination of Services: This Agreement may be terminated by the Client or the Firm should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the Firm for atl services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Ownership of Documents: All documents produced by the Firm under this Agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Applicable Laws: Unless otherwise specified, this Agreement shall be governed by the laws of the State of Florida. 1 1 1 R E S O L U T I O N WHEREAS, The City of Tybee Island operates on a fiscal year beginning on January 1 and ending on December 31 of each succeeding year; and WHEREAS, The State of Georgia, in the Official Code of Georgia, Section 36 -81 -1 through 36 -81 -7, provides for the submission of the city's proposed budget to the public; and WHEREAS, In obedience to the Georgia Code, the FY 1998 budget has been submitted to the Tybee Island City Council; and WHEREAS, On November 13th, a public hearing on the budget was held before the Mayor and Council in Open Meeting; and WHEREAS, The public was informed in the manner proscribed by law of the availability of the budget for inspection both in the office of the Clerk of Council during the regular business hours of the city and at the Tybee Branch of the CEL Library during their normal hours; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA IN OPEN MEETING ASSEMBLED, THAT THE AFORESAID BUDGET FOR FY 1998 IS HEREBY ADOPTED AS ORDAINED BY THE STATE OF GEORGIA. AS FOLLOWS: THIS 8th DAY OF JANUARY, 1998. MAYOR CLERK OF COUNCIL FUND 1997 1998 -12/11 1998- Revised General 3,292,000 3,993,675 3,749,675 W/S 1,612,300 2,135,250 1,773,444 SPLOST 438,840 1,665,000 180,000 Bond 300,000 -0- -0- Total 5,643,140 7,793,925 5,703,119