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HomeMy Public PortalAbout19980408CCMeeting1 1998 -04 -08 City Council Minutes. Mayor Pro Tem Donald E. Anderson, Jr. called the April 8, 1998 to order at 7:30 P.M. in the City Hall Auditorium. The following members of Council were present: Ed Merves, Jack Youmans, Anne P. Monaghan and Mallory Pearce. City Attorney Edward Hughes was present to give legal advice and opinions to Council. Mayor Walter Parker was absent due to the fact that he was attending the National Hurricane Conference in Virginia. Council member Michael A. Hosti was out of town in Nashville, TN.. The Reverend Lee Bennett gave the invocation, followed by the Pledge of Allegiance. Mr. Carl Looper of 14 Van Horn stated that he serves on the Recreation Commission and at their meeting April 6, 1998 it was agreed upon to request a meeting with Council to go over some important issues. Mr.Looper said that they would like to meet at 7 P.M. on April 23, 1998. Council agreed to this request. The meeting will be advertised. Mr. Bucky Chafin read a statement to Council concerning his Little League Baseball Team, City Manager Bill Farmer and Recreation Director D.J. Cameron. Mr. Chafin said that he does not like to be blackmailed or intimidated and he feels that this is what is happening concerning the coaches contract that he will not sign. Mr. Chafin said that the forms and the fee were turned in to Mr. Cameron on March 6, 1998 and were held for 6 weeks and not turned over to the County with a check from the City for a $100.00 entry fee for Chatham County baseball. Chafin asked Council how many kids will the City sacrifice in order for Farmer and Cameron to get their way? Youmans said that there was a letter in his Council mail box. Chafin answered yes stating he has tried to keep the kids and parents out of this issue. Chafin said he told the parents not to worry. Chafin said that Cameron tried to give his field away today. Merves said that he has been involved because of his son and was over at the Recreation office when Chafin called Monday, April 6, and heard the conversation between you and Cameron. Merves said that you have no worked with Cameron and that Cameron had received a letter stating that Chafins' team was going to be independent of the City. Merves said that he does not think it is to much to ask that coaches sign the coaches contract. That way they will know what is expected, all the rules and regulations and their responsibility. Hughes said that he does not think it is unusual for coaches to sign a contract, but that he has not seen a copy of the contract. Merves said it all comes down to butting heads and that Cameron and - Farmer want you and the boys to be part of the City. Pearce said that we have a meeting set with the Recreation Board on April 23rd at 7 P.M. and that we have a lot of things on the agenda tonight, plus he stated that he had just got the letter from Chafin today. Youmans said we have been through this many times and it is worst now than before. Mayor Pro Tem Anderson opened, asked for comments, and closed the following Public Hearing according to law. 1. Mr. David Rutherford of the Georgia Regional Development Authority gave a summary of the 1993 Solid Waste Plan that the city had adopted and stated that what he is doing is updating the plan because the goals from 93 must be addressed and answered. 2. Mr. David Rutherford explained why, how and when the update to the 1993 Master Plan (Short Term Work Program) must be completed. At the May 14th Council meeting Council will adopt a proposed resolution in order to put the summary into 1 1 1 the review process. Rutherford asked that if Council had any questions or comments to please give them to Ms. Byers or Mrs. Fripp by April 22, 1998. Rutherford said that the information will be available for inspection by the 1st of May. Tim Klutz asked where the public will be able to find the information. Rutherford answered at City Hall or at the Library. Ms. Mary Ingalls asked about notice to the public. Rutherford answered that he will be at City Hall all day on April 23, 1998. Ms. Byers said that the information will be put on the sign out front of City Hall. Ms. Alice Martin said that we might consider the Islands Close Up. Rutherford also said that this have to be completed by October 31st of the City would lose its certification. 3. Zoning Administrator Byers presented Council with the petition from Ms. Gail O'Meara for a minor subdivision at 1619 Chathan Avenue, PIN 4- 10 -5 -12 stating that Planning Commission recommends approval. Ms. O'Meara plans to take 4500 square feet out of the existing lot and make a single family lot. Byers said that all water and sewer lines are located already on the property. Merves asked if this meets all requirements. Byers answered yes. 4. Zoning Administrator Byers presented the Site Plan review for Mr. Tommy Clark. The property is located at #3 Third Street. Ms. Byers said that all the information for this site plan is on the original plan and that Mr. Clark is developing the plan in Phases. Phase 1 is already complete. This would be 27 units used by the Econo Lodge for overnight customers. Byers said that there was ample parking and that the property would be retained under one ownership. Monaghan asked if we have a ceiling of how many people can stay in a unit. Byers said no. Merves asked if there would be three layers? Byers answered yes. Monaghan asked if the City can required that the stone fence be left in place. Byers answered no. Pearce said that it states R -T on the plan. Byers said that at one time it was R -T but that it was rezoned to C -1.5. Zoning Administrator Byers presented Council with a petition from Mr. Tommy Clark for a minor subdivision at 404 Butler Avenue. Byers said that Mr. Clark had already subdivide out lot 2 and now is requesting to subdivide out lot 3 from the Econo Lodge property. Mayor Pro Tem Anderson opened the meeting for business legally presented to Council.Youmans moved to approve the minor subdivision for Gail O'Meara at 1619 Chatham Avenue. Pearce seconded. Vote by Council was unanimous. Pearce moved to postpone action on the site plan review petitioned by Mr. Tommy Clark until the next meeting because he has questions and thinks Mr. Clark should be present to answer them. Monaghan seconded. Merves asked what questions? Pearce answered like the fence and that normally the developer is here to answer any questions from Council. Merves said that if Clark was asking for a variance or to go outside of the rules he would understand, but it does not matter what Clark says it will have no legal bearing and there is no reason to delay. Voting in favor of the motion were Monaghan and Pearce; voting against were Merves, Youmans, and Anderson. Youmans moved to approve the site plan for Clark. Anderson seconded. Council vote was 3 in favor (Merves, Youmans, Anderson); 2 opposed (Monaghan, Pearce). Youmans moved to approve a minor subdivision for Clark at 404 Butler Avenue. Merves seconded. Vote by Council was unanimous. Pearce moved to approve the March 26th minutes as presented. Merves seconded. Vote by Council was unanimous. City Manager Farmer said that no action is need on the 1 1 proposal from SunTrust because we have better rates where we are now. Youmans moved for no action. Monaghan seconded. Vote was unanimous by Council. Farmer said that he has no figures on the proposed paving he is suggesting. There will be less paving that will costs more money so Farmer has asked for a price of paving north side of Jones Avenue off Highway 80 and Center Street. Farmer said that no action is needed tonight. Merves asked if this will delay paving at Museum? Farmer said that he does not have a new price. Merves said that hopefully Council will have the figures before them at the April 23rd meeting. Monaghan moved to amend the budget by adding a line item for the new citizens group, YEEPIES, in the amount of $1,000. for seed money. Youmans said that he thinks we have a line item for senior citizens. Youmans moved to amend the budget by the addition of a new line items for YEEPIES in the amount of $1,000. Pearce seconded. Vote by Council was unanimous. Merves moved that the following policy be adopted by Council: "The City Manager shall have the discretion to utilize City Personnel, Equipment, and Facilities to assist local non -profit organizations in projects and/or functions which benefits the City of Tybee Island by promoting the General Health and Welfare of residents of the City. Projects and/or functions which benefit primarily the members of such organizations, and not primarily the general public of the City, would not qualify for City assistance." Pearce seconded. Monaghan asked if other organizations are doing things or events can they pay a fee? Youmans said that the only way he can support the motion is if all Tybee citizens are included. Merves said that he would amend the motion to allow for discretion of the City Manager to charge a fee for services. Farmer said that he can already do this through the Special Events process. Jim Klutz said that Council is putting the City Manager in a no win situation. Organizations should come before Council and that way residents would know what is going on. Council meets just about every other week now. Youmans said that it has to be non profit organizations on Tybee Island. Vote by Council was unanimous. Pearce said it seems to him that land is eroding at the North Wave subdivision and DNR said they do not have jurisdiction. Pearce said if the City approves and something happens, doesn't that make the City liable? Pearce said language is needed on the plat so that people who buy are aware that they are buying at their own personal risk. Byers said that Council has not seen the final plat. Youmans asked if this wording is going to be on every final plat? Hughes said that anyone can file a lawsuit for anything, but in his opinion he does not believe that they would come back on the City. Pearce said that the City does have an option to increase or add to the State law regulations. Youmans stated that we need less trouble out of the DNR and that the City does not need of get into that sort of regulations. Peace moved to adopt Section 6- 1 -11(g) Meters on its second reading. Monaghan seconded. Vote by Council was unanimous. Pearce moved to adopt Section 7 -2 -1 City Owned Facility on its second reading. Monaghan seconded. Youmans said to take out the $5.00 and $10.00 fees for Tybee residents. They already pay a damage /cleanup deposit. These people pay taxes to keep the facilities up and in good repair. Merves said that he knows of people who have 1 1 fixed up the Community House. Youmans moved to amend the ordinance to read that no Tybee residents will be charges a user fee for any facility. Merves seconded. Council vote on the amendment was 3 in favor ( Merves, Youmans, Anderson); 2 opposed (Monaghan, Pearce). Vote on the main motion as amended was 4 in favor (Merves, Youmans, Anderson, Pearce); I opposed (Monaghan). Merves moved to change the policy established last year on fees for participants in sports /activities with the recreation department. Merves moved to allow the fees be reduced at the discretion of the City Manager. Youmans seconded. Vote by Council was unanimous. Farmer recommends hiring two employees for the Department of Public Works. Youmans asked if this would speed upon the parking areas at the south end. Farmer said that the surface is being done this week and than the meters will be installed. Youmans moved to approve the hiring of two employees for DPW. Pearce seconded. Merves asked Farmer how far they are behind in their work. Farmer said that is difficult to answer, there is no scheduling process. Merves commended Farmer and DPW for the way the City is looking. A gentleman from the audience asked about the meters that were supposed to be located on Fishermans' Walk (Alley 2)? Youmans said that they were supposed to be installed 3 or 4 years ago. Farmer said that Fishermans' Walk and the boat ramp will have meters. Vote by Council was unanimous.As there was no further business to come before Council Mayor Pro Tem Anderson adjourned the meeting. pi Mayor Pro Tem Donald E. Anderson, Jr. Mayor Walter W. Parker II City Council 1 1 Donald E. Anderson Jr. Michael A. Hosti Edward Merves Anne P. Monaghan Mallory Pearce Jack Youmans April 3, 1998 CITY OF TYBEE ISLAND Recommended Policy: City Manager Bill Farmer Assistant City Manager Rowena B. Fripp Clerk of Council Jacquelyn R. Brown City Attorney Edward M. Hughes The City Manager shall have the descretion to utilize City Personnel, Equipment, and Facilities to assist local non- profit organizations in projects and /or functions which benefit the City of Tybee Island by promoting the General Health and Welfare of residents of the City. Projects and /or functions which benefit primarily the members of such organizations, and not primarily the general public of the City, would not qualify for City assistance. Adopted by Council on April 8, 1998 at their first Council meeting of the month. C Mayor Pe-A-‹ ro Tem Donald E. Andersbri, Jr. P. 0. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (912) 786 -4573 - FAX (912) 786 -5737 1 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 6 Municapal Utilities, Chapter 1 Water Supply and Distribution, Section 11 Meters be ammended to read as follows: 6 -1 -11. Meters (a) Meters shall be installed as close to the property line of the customer as possible. All connections shall be inspected by a designated city employee from the water department. Only those properties where meters have been installed will be furnished water from the city water system. (b) The duly authorized employee of the city shall have at all times free access to the premises for the purpose of readying the meter or removing the same for the purpose of testing its accuracy. (c) Each meter shall become a permanent fixture upon the property or premises where installed and may be transferred upon the transfer of ownership of the property or premises to provide for continued water service to that property. (d) The size of the water meter shall be in accordance with the decision of the Department Director. (e) Water lateralsare to be maintained by theproperty owner. The owner of the property serviced by city water service shall be responsible for maintaining the water pipes between the plumbing fixtures on the property to the property line or the water meter keeping them in good operating condition and free from all internal obstructions. (f) Duplexes, multiple - family dwellings and structures divided into several apartments,offices, or separate businesses, excluding hotels and motels, shall be so equipped that each unit can be supplied with a separate meter. The rate for each meter shall be based on the service rate schedule; provided, however, that in the case of existing buildings the city may allow one meter of the proper size to continue to be utilized. The rates for that meter shall be based on a standby minimum base charge for each dwelling unitor business unit, . The actual water usage shall be computed on the primary unit, according to the meter reading, and so billed. In all such instances of multiple units, the property owner shall be billed all service charges for all (Code 1970, 20 -21, Ord. No. 79 -3, 3- 21 -79; Ord. No. 3-21-79) (1997-54; 8/14/97) units. 79 -4, ADOPTED THIS DAY OF 1998 • . Oa . Mayor Walter W. Parker t Reading: 2nd Reading: Enacted: 41908 [6- 1- 11.VMM] ncil 1 1 1 1 1 ORDINANCE NO. [Amending 7 2 CITY AUDITORIUMCITY OWNED FACILI'11ES1 [Amending 7 2 1 CITY HALL AUDITORIUMUSUSE OF CITY FACILI11ES] A- Criteria for Use: City facilities may be use by individuals and organizations whenever such use meets all of the following criteria: 1. The use does not interfere or conflict with planned use by the City. 2. The use promotes the health and welfare of the general public. 3. The use is consistent with the functions of municipal government reflected in Georgia State Law. 4. The Use is lawful and does not unfavorably reflect on the image and reputation of the City. 5. The use is compatible with the characteristics and capabilities of the facilities and does not create undo risks of damage or deterioration to the facilities. 6. The use is reserved in advance by a responsible party, on forms provided by the City, with payment of the Use Fees and Damage /Cleanup Deposits as specified below. 7. The reserved use may not be assigned or "sublet" to others. B. Fees and Deposits: Use of city facilities by others requires the payment of Use Fees and Damage /Cleanup Deposits. Use Fees and Damage /Cleanup Deposits reflect various amounts depending on the category of person reserving the facilities as well as the types of people using the facilities, reflecting whether such individuals pay taxes to the City directly or indirectly. Use Fees charged shall be used to offset the cost of utilities, insurance, and periodic maintenance of the facilities, as well as administrative costs associated with reserving the facilities and processing the monies involved. Damage /Cleanup Deposits shall be used when necessary to offset the costs of any damage and cleanup of facilities. The schedule of Use Fees and Damage /Cleanup Deposits for City facilities available for use by others is as follows: 1 1 PUBLIC FACILITY FEE SCHEDULE 1 2 3 4 5 6 FACILITY CODES CITY HALL AUDITORIUM MEMORIAL PARK PAVILION COMMUNITY BUILDING SCHOOL CAFETERIA SCHOOL CLASS ROOMS JAYCEE PARK BUILDING 7 OTHER (BALLFIELDS, ETC) DESCRIPTION RESERVED BY FOR USE BY: TYBEE RESIDENTS TYBEE RESIDENTS TYBEE ONLY TYBEE RESIDENTS USE FEES FACILITY CODES 1 2 3 4 5 6 7* 0 0 0 0 0 0 0 DAMAGE /CLEANUP DEPOSITS 10 50 50 50 50 50 (1) TYBEE RESIDENTS WITH SOME NON -TYBEE RESIDENTS (2) TYBEE NON - PROFIT GROUPS & ORGANIZATIONS USE FEES DAMAGE /CLEANUP DEPOSITS NON -TYBEE NON - PROFIT RESIDENTS GROUPS & ORGANIZATIONS USE FEES V 0 0 0 0 0 0 0 10 50 50 50 50 50 V 20 10 15 15 10 15 V DAMAGE /CLEANUP DEPOSITS 10 50 50 50 50 50 V 0 1 1 NON -TYBEE (1)NON -TYBEE RESIDENTS RESIDENTS (2)NON- PROFIT GROUPS & ORGANIZATIONS USE FEES DAMAGE /CLEANUP DEPOSITS 50 20 10 50 45 45 20 45 V 50 50 50 50 V NON - TYBEE RESIDENTS FOR PROFIT GROUPS & ORGANIZATIONS (MEETINGS ONLY) USE FEES 50 20 45 45 20 45 V DAMAGE /CLEANUP 10 50 50 50 50 50 V DEPOSITS AMOUNTS INDICATED AS USE FEES ARE PER DAY CHARGES (OR ANY PORTION THEREOF) AMOUNTS INDICATED AS DAMAGE /CLEANUP DEPOSITS ARE PER OCCASION DEPOSITS * AMOUNTS CHARGED FOR #7 -OTHER ARE VARIABLE, DEPENDING ON THE TYPE OF FACILITY USED, AS DETERMINED BY THE CITY MANAGER. C. Refunds: Refunds of amounts paid to the City for Facility use by others shall be as follows: 1. Upon cancellation no later than on the fourth calendar day preceding the first day of reserved use, the total Use Fee and Damage /Cleanup Deposit shall be refunded, 2. Upon cancellation after the fourth day preceding the first day of reserved use, the Damage /Cleanup Deposit shall be refunded, and the Use Fee shall be forfeited. 3. Following examination of the premises after use by others, and following the immediate return of any facility keys provided, the Damage /Cleanup Deposit shall be refunded only if the facilities are returned to a condition equal to or better than the condition existing immediately prior to the use by others, including the removal of all litter, garbage, and trash from the premises. D. Miscellaneous: 1 1 1 1. There should be no smoking in any City building. 2. Nothing shall be attached in any way to the walls, doors, floors, ceilings, fixtures, or any other part of any city building. 3. All furniture or equipment shall remain in City buildings. 4. Entrance fees may not be charged without a special permit from the City manager or his/her designee. organization wishing 4e host -a- phis -e auditorium may, -a-t-the discretion -e€ City will pay-a cleaning deposit-4 $100.00. —The organization must reservo -the date /timo -i-- Use-by individuals. -€er private, invitation only function:, and/or functions which } -Ne tables, chair:, -er equipments -be fl -the building. Rearrangement '1) A $100.00 deposit/ fce for cleaning will b -collected in advance. This deposit fee may be-retnmed-if-the-heelaring party satisfactorily cleanses re arranges. -the-i iterinin after-the- event- M..n ger r him a 6a`cz- e -in-a manner that will-eause -ee damage -te e walls -and floors. Such materials. must-be- [ End of Text [Amending 7 2 2 SERVE] The Memorials Picnic Pavilion may-be utilized - key -the is -ee-a first come, first served basis -when noun -use for city sponsored activities. Reservations may -be mado -in advance- these rules: - - 4}- $5O A8 dollar:, -depot -fer cleaning-v414-be charged -in advance. This deposit/fee may -be - d- if- d}e-beeking party satisfactorily removes all litter and waste 2) The user will -be responsiblo removal - e€-any exhibit materials, posters, —e signs (Ord. 97 105; 9/11/97) [ End of Text ] 1 1 [Amending 7 2 3 r^a4414UNITpf „OUS ^RESERVE] The Community -Meese Fort Screven':, Jaycee Park-is available for reservation-by Tybee citizen;, -fef private, non profit events, - ef-.by local nonprofit club:, -a4 organizations. --ese- elubs organization:, wishing 4e reserve -s -date/time 4ff -the calendar year -should -de-se -by- request-in advance. -A14 group usings facility -shall clean -the facility immediately [ End of Text ] [Amending 7 -2-4 RESERVE] PeFtiens-ef- the-Q44 -wee Scheel may -be reserved, leased, -eF- e used -by- group:, organizations -in accordance with specific-agreement s negotiated - with -tie city manager. Costs associated-with facility use, including utilities, cleaning, -a4 maintenance, shall-be paid by the groups or organizations using the -facilities. (OM. 97 157; 9/11/97) [ End of Text ]