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HomeMy Public PortalAbout19980423CCMeeting1 1998 -04 -23 City Council Minutes City Council Minutes April 23, 1998 Mayor Walter W. Parker called the April 23, 1998 meeting to order at 7:30 P.M. The following members of Council were present: Ed Merves, Jack Youmans, Anne Mona han, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City Attorney Edward Hughes was present to give legal opinions on any issue that comes before Council. Mayor Parker announced that today was Mayor Pro Tem Anderson's birthday and that he is now 24 years old. Reverend Lee Bennett gave the invocation, which was followed by the Pledge of Allegiance. Mayor Parker proclaimed April 24th and 25th as Poppy Days on Tybee Island. Pearce said that it is also the birthdate of William Shakespeare. Mayor Parker requested that Representative Burke Day come forward stating that in good times, when things are going well, he claims Burke as a cousin. Mayor Parker said that Senator Eric Johnson was on the phone because he was ill and that Representative Anne Mueller had oral surgery today and was not sure she could make the meeting. Mayor Parker said that these three people have done a fantastic job in getting the 2.4 million for beach renouishment and that we appreciate all that they have accomplished and as a small token of our thanks that we would like to present each with a carving from Mike Carter. Representative Day stated that the one with the broken leg belongs to Senator Johnson. Day said that he wished he could take all the credit but the Beach Task Force and other citizens worked to educate and write letters. Day said that Senator Johnson had Lt. Governor Howard down to Tybee twice to look over the damage. Day stated that money is getting tighter and tighter. Mayor Parker recognized Sally Day, wife of Representative Day. Senator Johnson said that he appreciates the carving and misses being here tonight. Johnson said that Tybee is a wonderful place, that Mayor Parker did a great job, so did Berta Adams. Johnson said that Lt. Governor Howard stuck to his promise to him. Johnson said we still need 2 million for the seawall at 2nd Street. Representative Day said that he had a couple of awards to present to Tybee citizens. Day said that Ms. Kathryn Williams, who is not present, is being recognized for an award she received last year. Day asked Councilmember Youmans to come forward. Mrs. Sallie Day read H.B. 1122 Resolution presented by Representative Burke Day which honors Jack Youmans for all he has accomplished during his six terms in public office. Youmans received a standing ovation. Youmans told Day that it was O.K. now to call him at 1 A.M. in the morning, anytime he wants. Mayor Parker opened the Public Hearing on the Solid Waste Short Term Work Program. Mr. David Rutherford presented Council with 1993 - 1998 Status Report and the 1998 - 2002 Short Term Work Program. Rutherford said that the first report shows what the City has accomplished and the second report states the goals for 98 -02. Rutherford said that Council will vote on a resolution tonight which is part of the process to the State. Rutherford stated that Tybee has done very well and should be very proud. As there were no comments from the audience and no questions from Council, Mayor Parker closed the public hearing. Mr. Jim King, Horse Pen Creek Cottages on Jones Avenue, requested a revocable licence to cross over 5th Avenue in order to have access to a dock on the creek. King said that the State requires a revocable license from the City before they can process his request from DNR. Parker said that there is no way that portion of 5th Avenue could ever be opened. Merves said that this would not mean possession of property. Hughes answered no. Mr. Jim King said that he had another request of Council. King said that he would like to open, at his costs, a portion of Miller Avenue off 7th Street for access to single family lots. King stated that DNR has set the delineation line for the wetlands. King said that he will attempt to lay out houses on high land. King said that he would need to build a small bridge for lots 121, 122, 123 and 180. Hughes stated that this would require Council to grant 3 revocable licenses. Pearce said that any development has to go to the Planning Commission. King said that these were pre existing lots. Pearce said that Council had no information until now for this request, stating that Council usually goes and looks at the area. Parker said that Council could take under advisement as this comes as a surprise. Mr. Barney Padereswki said that he is back before Council with the appraisals for his property and for the Pine Street property that is proposed for a land swap. Youmans asked if Padereswki is going to give the City the difference of $1,500. Padereswki answered yes. Merves questioned if land opened on 1 Campbell? Padereswki said no, off Pine Street. Monaghan asked how did you determine that lot 1 was not buildable. Padereswki said with the setbacks. Monaghan said that the city portion was marshfront property. Hughes stated that usually with a land swap that it has to be advertised, it must be of equal value, a person can not make up the difference in cash. Padereswki said that it would be something useful for the City. Youmans said that Padereswki will have to change dimensions of the lots. Mayor Parker asked Representative Anne Mueller to come forward to receive a carved bird for the City's appreciation for all of her help and support in getting the money for the beach renourishment. Mueller said that Tybee was worth it, but she wants both of the birds since Johnson is not here to get his. Parker said that Mueller took the City representatives and introduced them to the powers that be. Mueller stated that she was glad to help, Tybee is a special place. You just need to educate that the beach needs to be kept up like a highway. The State has no problem fixing and repairing roads. Mueller said that she is also grateful that the Lighthouse is getting some funding from the State. Harry Spirides and Clifford Meads presented Council with a proposal for the WTOC Sky Cam to be placed on the water storage tank in Fort Screven until the new tank is completed. Meads said that every evening that the news would show Tybee in 23 counties over two states. Meads said that the Chamber would be paying $75,000 over a 4 year period and that it would not cost the taxpayers a cent. This would promote Tybee and WTOC would keep up the maintenance on the equipment. Meads said there would be an equal amount of value in the WTOC Newspaper. Meads asked Council to please consider this proposal. Spirides said this is a great idea. Merves questioned where the money would come from to pay for this proposal. Meads answered that it would be paid by the Chamber. Merves asked what happens at the end of 4 years. Meads said that the contract would be renegotiated. Hosti asked if the City of Savannah pays for the camera on City Hall. Meads answered no. Spirides said that this would benefit the entire island. Hosti said that you needed to check and see if there is room on the tower. Hughes said that the City has an obligation to the companies already located on the tower and that the City must be assured that the sky cam would not cause any interference with what is there already. Bert Barrett, Jr. said that he has never come before Council and tooted his own horn. He stated that he helps coach a team of 15 kids. Barrett said that he donated about $5,000 of personal time and expertise for J.C. Park, the design of one parking lot, also laid out the walking track, plus helped get funds for the lights on the ball diamond. Barrett said that Chafin donated his salary to go towards the storage building. Cameron called my house and asked if my wife would dons e her time and teach the aerobic classes. During that conversation Cameron said that he was going to get rid of all the coaches. Barrett said that he came to City Hall and was told that nobody liked the guy. Cameron did not want to listen to anything I had to say. Concerning the letter he mailed to the coaches, I told him that I would prefer not to sign the coaches contract. Cameron called me and asked what Chafin was planning to do. I answered that I thought Chafin was going independent. The City has always paid the $100.00 to Chatham County for the entry fee. Cameron said that if I followed Chafin that my son would not be allowed to play on the diamond in Jaycee Park. Barrett said that Cameron is ruining the recreation department. Think about what you have as a recreation director, he is only trying to split the community. Mr. Jim Kluttz said that you need to recognize the problems and make a commitment to solve the problems. You can set time limits and set goals. Work together to solve. It is a no winner for Council, it is dividing the island. Youmans said that last year he, Remeta, and Hosti met and spent hours on this subject Youmans said that the three of them met with most of the people here and that Mallie Clark suggested the recreation commission, and getting rid of Frankie Solomon. Youmans said that the commission is almost a waste, we have the same situation. Youmans said he would like to help if he could. Pearce stated that the authority over hiring and firing is in the hands of the City Manager. Citizens can send letters of complaint, you always need a paper trail. Pearce said it is very hard to sit up here and determine the facts . Mr. John Jarvis said that he is getting like Mr.Goode checking Jones Avenue. Jarvis stated that there are not enough speed limit signs on Jones Avenue especially going north. Parker said that the signs are on order. Youmans said that 25 MPH signs are on Lewis and that they are coming down, you can use them on Jones Avenue. Ms. Kathryn Williams said that we have been having problems for years. The City needs to upgrade the facilities. With the closing of the waterslide and putt putt we need to provide alternative forms of recreation for residents and the tourist. 1 1 Mayor Parker opened the meeting for business legally presented to Council. Youmans moved to approve the revocable license for 5th Avenue on the request from Jim King. Hosti seconded. Vote by Council was unanimous. Youmans moved to approve the land swap proposal from Mr. Barney Paderewski if land becomes equal in value. Anderson seconded. Pearce said that there is a considerable amount of City property and that we need to protect green space. Pearce said that he and Monaghan have been looking at the total amount of city land. Youmans said that this is swapping green space for green space, there is no access from any direction, and the piece of property that the City will get can be used. Merves said that he voted against selling City property but that he can see doing an exchange and that it would be nice to have the green space. Council vote was 4 in favor (Merves, Youmans, Anderson, Hosti); 2 opposed (Monaghan, Pearce). Hughes said that the Council would have to pass a resolution, plus the proposal would have to be advertised with a six week notice in the paper. Youmans moved to allow City Attorney Hughes to negotiate with the Chamber on the Sky Cam for WTOC. Anderson seconded. Vote by Council was unanimous. Mr. Jim King addressed Council regarding his request for revocable licenses for the Miller Avenue in order to open the street at his costs so that he would have access to single family lots . This portion of Miller is south of 7th Street. Pearce moved to table for a future meeting. Youmans said that Council would not be able to tell anything unless lots are staked out. Hosti said that if the City grants the revocable licenses that Mr.King still has to go through DNR Youmans moved to grant the 3 revocable licenses for access. Hosti seconded. Hosti asked how wide the street would be? King said between 18 to 20 feet wide in the middle. Parker stated that we have a procedure for request. Byers said that she has walked through property with DNR and the Corps, but she has not seen the plat or the delineation line. Byers said that DNR did say that it would have to be bridged. King said that there is no guarantee that he will be able to build on property. Parker asked if King would open the street? King said yes at his cost. Hughes said that once the street is open then it becomes the City's burden to maintain. Hughes said this concerns him. Also the drainage. Youmans questioned Pine Street. Hughes stated that Pine Street is Mr.Padereswki's problem. Pearce said that he will vote against because Council was not prepared for this request and there is not enough information. Council vote was 3 in favor (Youmans, Anderson, Hosti); 3 opposed (Merves, Mona • han, Pearce. Mayor Parker broke the tie by voting against granting the licenses. Hosti moved for the City to pay for the trophies for the MRS Fishing Tournament to be held June 6, 1998. Vote by Council was unanimous. Anderson moved to accept the April 8, 1998 minutes as presented. Merves seconded. Vote by Council was unanimous. Youmans moved to approve the bills for March. Pearce seconded. Vote by Council was unanimous. Youmans moved to approve the Alcohol Beverage license for The Grill Beachside at 404 Butler Avenue for Clifford Meads. Hosti and Anderson seconded. Vote by Council was unanimous. Youmans moved to adopt a Resolution for Solid Waste Management Short Term Work Program. Pearce seconded. Vote by Council was unanimous. Assistant City Manager Fripp said that the GIRMA renewal for liability and property insurance through GMA gave the City a dividend of $11,066. Mr. Willie Lamar Fields requested the Council to consider making the triangle piece of property at Chatham, 19th and Butler a playground since Memorial Park and Jaycee Park are located so far away. Fields said he now understands that the City no longer owns that piece of land. Pearce moved to angle the parking across the front of 19th Street and utilize the inside area as a playground. Monaghan seconded. Youmans said that we are in dire need of playgrounds but that we are getting 4.5 million dollars for the beach and that we need the parking. Youmans said why not look at the area of Lovell Avenue behind the Hunter House, it is a much safer area. Merves said that he was all in favor and why doesn't Fields come to City Hall and meet with Byers to see what the City owns on the southend of the island. Monaghan agreed with a request from Pearce for the withdrawal of his motion. Parker asked Fields if he would like to head up a committee and gather information, then come back to Council next month. Fields answered yes. Hosti moved to adopt a Resolution for Fair Housing from the Georgia Department of Community Affairs. Pearce seconded. Vote by Council was unanimous. Pearce moved to accept the lowest bid from I AM Construction in the amount of $43,877 for the 1 1 1 Water Sewer Lift Station # 3 at 14th Street and Miller Avenue. Anderson seconded. Vote by Council Pearce ed Council to consider holding a work shop in order for his brother to give a presentation tQ • , ci1'�aggym. There will be a workshop on May 14th at 6:30 P.M., the Recreation Commission II- I I attend. The meeting is open to the public. Merves moved to approve the additional paving proposal presented by Farmer in the amount of St11,800ackith the City portion being about $18,000. Pearce seconded. Hosti questioned why can't the City pave somewhere else using the $45,000 amount. Farmer said that it is a different price for different locations. If Carroll and Carroll is awarded the LARP contract it could bring our paving price down. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, Pearce); 2 opposed (Youmans, Anderson). Youmans moved to go into executive session to discuss a personnel matter. Pearce seconded. Vote by Council was unanimous. Mayor Parker reconvened the regular meeting and being as there was no further business to come before Council the meeting was adjourned at 9:25 P.M. Mayor Walter W. Parker (Ord. City Council Minutes April 23/98, Added, 05/14/1998) 1 P R O C L A M A T I O N WHEREAS: NATIONAL POPPY DAYS has been set aside throughout this as a day in which all people can assist our disable American Veterans; and WHEREAS: the Tybee Island American Legion Post 154 and-the Tybee Island Auxiliary, traditionally take this opportunity to support all disabled veterans; and WHEREAS: the Tybee Island American Legion Post 154 and the Tybee Island Auxiliary will be selling Poppies to support the 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 24, and Saturday, April 25, 1998 as "POPPY DAYS ON TYBEE ISLAND" AND I DO FURTHER EXHORT ALL CITIZENS OF OUR CITY AND ALL VISITORS TO OUR CITY TO SUPPORT THE AMERICAN LEGION POST 154 AND THE AUXILIARY IN THEIR EFFORT TO HONOR OUR ESTEEM DISABLED VETERANS FOR THEIR SACRIFICES TO OUR COUNTRY. THIS 23RD DAY OF APR -, •98. ayor Walter W. Parker Jac R OBrown, Clerk of Council $ 1 1 1 A := L r7 . -. . f . REVOCABLE LICENSE The undersigned applicant hereby requests permission from the City of 'I'yhee Island, Georgia, to construct a structure for, the purpose of erosion control, protection of certain waterfront or marsh property located and/or the use of public property located within said city limits since a portion of the proposed project may encroach upon public property, roads or marshes within the city limits of said municipality. The undersigned understands that the issuance of such a permit does not relieve the applicant of the obligation to obtain additional authorization from the State of Georgia. The undersigned further recognizes and agrees that this license does not confer upon the undersigned any rights, title, estate or interest In said licensed premises; nor does this license agreement confer upon the undersigned a license coupled with an interest or easement. This license merely gives the undersigned a revocable privilege, it being expressly understood and agreed that, regardless of any improvements or investment made, expense and harm incurred or encountered by the undersigned, this agreement shall be subject to revocation, cancellation or termination and this license shall be null and void. The undersigned shall further indemnify and save the City of Tybee Island free and harmless from any and all liability, loss, cost, damage or other expense from accident or damage, either to Itself or to the persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted by this license except for any loss arising from the sole negligence or willful misconduct of the City of Tybee Island. The undersigned applicant further recognizes that the City of Tybee Island does not grant permission to proceed with such project unless and until any other appropriate permit is issued and a copy of same is filed with the Clerk of Council of said city. Date: Applicant's Signature: TILE CITY OF TYBEE ISLAND hereby grants the above a revocable license for a structure not coupled with an Interest as provided In the above request. Approved in Open Council this7G day of Mayor ATT CSC 1 —� 1, J31-ct P Icr of Council LOCATION OF REVOCABLE LICENSE -5 °-\oe- r ' 1Qi^Sh A rea_ hind .j- AocSCeen Q rc� 1 1 R E S O L U T I O N WHEREAS, the Georgia Comprehensive Solid Waste Management Act of 1990 requires all local governments in Georgia to prepare and adopt a comprehensive solid waste management plan; and WHEREAS, the Georgia Department of Community Affairs has established Minimum Planning Standards and Procedures under the Georgia Planning Act of 1989 for coordinated and comprehensive planning, including standards and procedures for the preparation of local comprehensive plans and implementation thereof, public participation, coordinated review, and preparation of Short Term Work Program Updates; and WHEREAS, the Georgia Department of Community Affairs requires the preparation of a Short Term Work Program for solid waste; and WHEREAS, Five years have elapsed since the adoption of the Tybee Island Comprehensive Solid Waste Management Plan and Short Term Work Program in accordance with the Minimum Planning Standards and Procedures; and WHEREAS, The City of Tybee Island has now prepared a Short Term Work Program Update, including a Report of Accomplishments and a new Five Year Short Term Work Program, to the adopted comprehensive solid waste plan in accordance with procedures, including holding public hearings on the Short Term Work Program Update on April 8, 1998 and April 23, 1998. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council in Open Meeting Assembled, that the City of Tybee Island submit the prepared Solid Waste Short Term Work Program to the Coastal Georgia Regional Development Center and to the Georgia Department of Community Affairs for their formal review, comment and recommendation before formal adoption by the Tybee Island City Council. This 23rd day of April, 1998. ATTEST' ..4Q Walter W. Parker, Mayor (.;;)V13)\--1-` erk of Council 1 3.1.1 Fair Housing Month RESOLUTION The Georgia Department of Community Affairs FAIR HOUSING MONTH Whereas, Fair Housing is the policy of the Georgia Department of Community affairs, and fair using is part of every housing program the Department manages; and Whereas, The Georgia Department of Community Affairs wishes to commend its partner in managing many of the housing programs available within the state, the United States Department of Housing and Urban Development, for providing leadership in the effort to make fair housing available to all Georgians; and Whereas, A policy of fair housing without regard to race, color,religion, sex, handicap, familial status or national origin was initiated through passage of a national fair housing law;and Whereas, April 12, 1998 marks the 30th anniversary of the passage of the Fair Housing Law, Title VIII of the Civil Rights Act of 1968: Now, Therefore, be it resolved that the Board of the Georgia Department of community Affairs hereby proclaims April 1998 as Fair Housing Month and urges local governments across the state to do the same. This resolution was adopted on the .th day of.Apr3a.,1998 Mayor 1 1 1 Mayor Walter W. Parker called the May 14, 1998 to order at 7:30 P.M. The following members of Council were present: Ed Merves, Jack Youmans, Anne Monaghan, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City Attorney Edward Hughes was present to guide the Council on legal issues. Reverend Lee Bennet gave the invocation. The Pledge of Allegiance was recited. Mayor Parker presented a plaque to the volunteers who renovated the Community House and thanked them for their time and effort. The volunteers asked that the City maintain the building as it is now. The volunteers were Sally Day, Marie and Chuck Devine, Sally and Stephen King, Margret Wood, Joan and Chuck Williams, Geneva Sommerford, Margret Ball, Margret Hall, Luann Harris, Mary Locklear, Mae Deloach, Mary Baker, Frances Womble, Carl Looper, Mickey Brady and Anita Woodward. Mayor Parker opened, asked for comments, and closed the following Public Hearings according to law: 1. Mr David Rutherford of RDC explained the need for the hearing on the Short Term Work Program Update (Master Plan). In 1993 Council adopted the plan that had 43 tasks to be completed in a five year span. 31 have been completed, 3 are underway, 6 have been postponed, 1 dropped because of lack of interest, 1 dropped because of private interest. Rutherford said that this process will put the update into State review. After the review the plan will come before Council for adoption. Rutherford said that we need to start gathering information for the Master Plan in 1999 for the new Master Plan Update in 2002. Rutherford stated that the 2000 census will help with information. 2. Minor Subdivision petitioned by John Helmstrom at 1204 Butler Avenue PIN 4- 7 -3 -8. Zoning Administrator Angela Byers said that this would take one lot and divide it into three lots. The square footage for the lots meet the requirement set by our code. A 20 foot access road is shown on the plat. 3. Variance Setback petitioned by Chuck Jones at 168 S. Campbell PIN 4- 16 -2 -16. Jones said that this is an existing home with a 2 foot setback from the property line. Jones said that he wants to raise the house and put a 20 X 30 addition to the structure. Jones said that he would raise the existing structure above base flood elevation for FEMA compliance. Youmans asked if the present setback would still be used. Jones said no change from the present site. Pearce asked if the side setbacks will be 10 feet according to the codes. Jones answered yes. Planning Commission Chairman Sally Keller said that the commission went and inspected the site and that no homes would be effected and that the lot is very small. Pearce asked if Planning Commission voted to approved unanimously. Keller said yes. 4. Height Variance petitioned by Emmett Daniels Jr. and Joe Edwards III at 4 Seventh Place PIN 4- 5 -20 -14 was presented by Attorney Harold Yellin. Yellin said this is an old Tybee house with heart pine walls and floors that have been neglected for years and the structure needs extensive renovations. The request is for a 2.7 height variance. FEMA regulations state that you can only put 50% of the fair market value into renovation on an existing structure without bringing the entire structure into FEMA compliance.. Daniels and Edwards want to raise the house and put it on a new foundation. Yellin said that without the variance it will be a hardship to save this house. Yellin also stated that even with the 2.7 feet that this house would not be the tallest in the 1 1 neighborhood. It was noted that the Planning Commission voted unanimously for approval. Pearce asked if there were any alternatives? Yellin said that fill dirt could be hauled in, but then that would pose a problem with drainage. Parker asked about the hurricane straps. Edwards said that they will do whatever the code requires. Chairman Keller said that Planing Commission saw this wonderful old house and that it is between a rock and a hard place. The rock being FEMA, and the hard place being the height. Keller said that this is what a variance is meant to address. Dr. Joe Edwards, Jr. gave the background of the home stating that he has owned the property in front of this house since 1980 and that the property in question was purchased in September of 97. Edwards said that there is extensive water damage and a termite problem because the house sits on the ground. Edwards said that when it rains that you open the door and water runs into the house. There will be no change to the roof line. We only intend to restore the home to its former condition. 5. Minor Subdivision of a duplex petitioned by Rick Hogan at 53 -55 Captains View PIN 4- 21- 16 -40. Zoning Administrator presented petition for Mr. Hogan at his request because he was out of town. Byers said that fire walls are in place and that the wording required by code is on the plat map. Mr. Carl Looper invited Mayor, Council and residents to Jaycee Park on Saturday for a tree planting in honor of Tony Murrel. Mayor Parker announced that May 11th through the 15th was National Nursing Home Week and that he had presented a Proclamation on May 12th to out two nursing homes. Hosti moved to approve the minor subdivision for John Helmstrom at 1204 Butler Avenue. Anderson seconded. Vote by Council was unanimous. Hosti moved and Anderson seconded for approval of a setback variance for Chuck Jones at 168 S. Campbell. Pearce asked that Ms. Byers explain the FEMA regulations concerning existing structures and retrofitting. Ms. Byers explain that under FEMA requirements, only fifty percent of the fair market value of the structure could be spent on repairs and renovations to a prefirm structure. Only repairs pertaining to safe, sanitary and secure can be backed out of the estimated cost. By endorsing retrofitting of prefirm structures, we will also be eligible for additional credit under the ISO /CRS program for flood insurance. We are currently 140 points from a 10% reduction in flood insurance rates, and by endorsing the retrofitting of existing structures we should be able to pick up some of these points. Vote by Council was unanimous. Hosti moved to approve the Height Variance for Daniels and Edwards at 4 Seventh Street. Hosti thanked Edwards and Daniels for saving the old Tybee Cottage. Anderson seconded. Vote by Council was unanimous. Youmans moved to approve the minor subdivision of a duplex for Rick Hogan at 53 -55 Captains View. Monaghan seconded. Vote by Council was unanimous. Anderson moved to accept the minutes as presented. Pearce seconded. Youmans asked that the print be larger as he just got new glasses and can not read the minutes. Vote by Council was unanimous. Pearce moved to approve the April bills as presented. Monaghan seconded. Vote by Council was unanimous. Pearce moved to approve the Intergovernmental Agreement defining a process for resolving Land Use Classification disputes for areas to be annexed into a municipality. Anderson seconded. Vote by Council was five in favor (Merves, Monaghan, Anderson, 1 1 1 Hosti, Pearce); 1 opposed (Youmans). Motion to approve Resolution on Comprehensive Plan Update by Youmans, seconded by Anderson. Vote was unanimous. Angela Byers gave a presentation on the Waste Management renewal contract that will be before Council at the May 28th meeting. Byers said that the City Manager decided not to go out for bids. Byers said that Waste Management will no longer go down private drives because of the liability it creates. Byers and Waste Management will meet next week to talk about central locations. Youmans said that they only did private drives out of the goodness of their hearts. Monaghan said that it is very unsightly for carts to be left at the curb. Byers said that there is no ordinance to force carts to be put back by residents. Byers said that a dumpster can be installed if the owners get together and agree. Byers said that code section 5 -2-4 Building waste - Accumulations prohibited needs to be looked over, it is costing us money because the landscape contractors take the waste to Public Works and use the dumpsters. If Waste Management picked up the debris then we would not be charged tonnage and this would cut our cost to Waste Management. Parker said that this means that it would also cut the cost to the residents. Ms. Monaghan asked about smaller carts. It was stated that the truck would not handle smaller carts. We cannot use the side loader truck because of the volume of garbage. We are using the largest truck and packing it out sometimes 3 times a day. We are currently being charged $11.98 per cart per month. We are looking at a 2% increase in cost. Mr. Youmans moved to approve the resolution concerning compliance with the Maintenance Water Pollution Control Prevention for DNR and EPD. Seconded by Pearce. Vote was unanimous. Hosti asked to postpone discussion on closing of Solomon Avenue from Campbell to Moore for further research by the City Attorney. Anderson moved to reduce the speed limit on Miller Avenue from 30 mph to 25 mph. He stated that 30 mph is too fast. Seconded by Pearce. Voting in favor Merves, Anderson, Monaghan, Hosti, Pearce. Voting against Youmans. Monaghan moved to adjust the budget to allow $15,800 to be spent on renovations to Tybee School. She stated that a group got together and prioritized a list of improvements to be made. Seconded by Pearce. Merves asked where was the money coming from. Fripp stated that Farmer recommends contingency fund. Youmans stated that we have so many things we have to do and no way around doing them. Hosti stated that the building was too valuable to let go, needs to be kept up. Pearce stated that it is cheaper to do maintenance. Vote to amend the budget was 5 -1 with Youmans voting against. Pearce requested a Public Hearing be advertised on the setback issue in C -1 district. he is proposing a 5 foot front setback and 10 feet on each side. Hosti second ed. Vote was to include on June agenda. Anderson made a motion to allow off duty work for the police. Youmans seconded. Chief Price stated that the decision to not allow off duty work was made after he attended a conference and too many cities are being sued. He is totally against allowing off duty security because it puts him, the City and the Department at risk. We have been fortunate that we have not been sued. Parker asked what if they wore security guard shirts and not uniforms. Price stated don't let them work around alcohol. Youmans 1 1 stated Chatham County has policy, not allowed to be a bouncer, can't check id's. Hughes stated that this really was not a Council matter, it was between the Chief and the City Manager. Merves stated that the department heads and the City Manager would have to approve moonlighting, of all city employees. No one should be in City uniform. Pat Locklear stated that we needed a policy change not an ordinance change.Youmans stated that everything has to be looked at individually. Farmer stated that this should not be before Council. Grievance policy should be followed. When an officer is in uniform he should only have one boss, the chief. Mr. Farmer stated that he recommends that the Chief be allowed to run his department. Voting in favor of the motion Youmans, Hosti, Anderson, voting against- Monaghan, Merves, Pearce. Mayor broke the tie by voting against the motion. The proposal for health screening was explained. It was stated that Candler Hospital would do this free of charge. Elected officials would also be able to participate. 9 -5 -1 Rules and Regulations for Use of Municipal Beaches was next on the agenda. This was explained by Mr. Hughes. This would work similar to parking violations. Mallory Pearce made a motion to approve, Michael Hosti seconded. Youmans stated that this needs to be tabled until someone is sure about City Limits. He then made a motion to table which Hosti seconded. Fines would be set by Judge. Court costs are not set by Judge. Monaghan asked Chief how do you enforce litter. Chief stated that you must see person littering.. John Jarvis stated that this was against Robert's Rules of Order. No discussion when the motion is to table. Vote was cast to table motion. There being no further business, Youmans made motion to adjourn, seconded by Monaghan, meeting was adjourned at 8:50 PM. [Start Actions] [Adding 1998 -05 -14 City Council Minutes, May 14, 1998] [ End of Text ] [End Actions] ADOPTED THIS 28th DAY OF May, 1998. Mayor Walter W. Parker WHEREAS: WHEREAS: WHEREAS: WHEREAS: P R O C L A M A T I O N 1 The Tybee Island Community is blessed with two nursing homes which provide a much - needed service to the citizens of our community who reside there; and The nursing homes serving this community are Oceanside and Savannah Beach Nursing Homes; and These nursing homes provide their residents with recreational and other activities such as a picnic for their residents during Nursing Home Week; and the Savannah Beach and the Oceanside Nursing Homes meet all the requirements of the State of Georgia, plus the staff gives extra tender loving care to all patients and their families on a daily basis. NOW, THEREFORE, I, Walter W. Parker, Mayor of the City of Tybee Island, in recognition of the nursing homes in our community and the citizens of our community who reside there, do hereby proclaim the week of May 11 through 15, 1998 as: "NATIONAL NURSING HOME WEEK" on Tybee Island, and urge all citizens to be mindful of the contributions of our nursing homes, their staff members, and their residents. This 7th day of May, 1998. Mayor Walter W. Parker 1 1 Bills for the Month of April 98 General Government 109,014.29 Police 96,178.64 Fire 7,343.27 Public Works 70,307.10 Sanitation 39,274.68 Recreation 7,649.80 Parking 22,131.02 Water Sewer 141,189.69 (69,496.09 Capital Exp.) Special Purpose Sales Tax 28,293.66 Fund Four Bond -0- 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) INTERGOVERNMENTAL AGREEMENT AREAS PROCESS FOR RESOLVING BE ANNEXED INTO A LAND USE CLASSIFICATION DISPU TES MUNICIPALITY THIS AGREEMENT is made and entered into as of this 10- day of (`()a c.( , 1998 M COUNTY political subdivision of the stath of Georgia, by and between CHATHA , a P hereinafter called the "COUNTY," and the City of Bloomingdale, a municipal corporation of the State of Georgia, the City of Garden City, a municipal corporation of the State of Georgia, the City of Pooler, a municipal corporation of the State of Georgia, the City of Port Wentworth, a municipal corporation of the State of Georgia, the Mayor and Aldermen of the City of Savannah, a municipal corporation of the State of Georgia, the Town of Thunderbolt, a municipal corporation of the State of Georgia, the City of Tybee Island, a municipal corporation of the State of Georgia, and the Town of Vemonburg, a municipal corporation of the State of Georgia, all of which are collectively referred to as "MUNICIPALITIES" and any one of which is a "MUNICIPALITY". WITNESSETH: WHEREAS, 36- 70- 24(4)(C) O.C.G.A. (which was enacted as part of H.B. 489, known as the Service Delivery Strategy Act) requires that "a process be established by July 1, 1998, to resolve land use classification disputes when a county objects to the proposed and use of an area to be annexed into a municipality within the county "; and WHEREAS, 36 -36 -11 O.C.G.A. provides that "an annexation shall not be effective until any bona fide land use classification objections raised by the county relative to the area to be annexed are resolved pursuant to the dispute resolution process required by Code Section 36- 70- 24(4)(C) "; and, WHEREAS, 36 -36 -11 O.C.G.A. further provides that a "'bona fide land use classification objection" means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different use "; and, WHEREAS, 36 -36 -6 O.C.G.A. requires that the governing authority of the annexing municipality shall "give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located "; and 1 WHEREAS, 36- 66- 4(d)(1) O.C.G.A. (a section to of the rocedures�equired by this chapter "such municipal local government shall comple P prior r for such zoning except for the final vote of the municipal governing authority, p adoption of the annexation ordinance or resolution or the effective date of any local act but no sooner than the date the notice of the proposed annexation is provided to the goveming authority of the county as required under Code Section 36- 36 -6 "; and WHEREAS, the COUNTY and the MUNICIPALITIES through this agreement desire to establish the land use classification dispute resolution procedure (to be applicable to lands other than those owned by federal , state, or local governments and agencies) called for by the Service Delivery Strategy Act; NOW THEREFORE, in consideration of the mutual promises and covenants herein, the parties agree as follows: It is agreed that the process to resolve land use classification issues for land proposed for annexations initiated on or after July 1, 1998, shall be: 1. After the municipality informs the County of the proposed annexation in accordance with O.C.G.A. 36 -6 -6, the municipality shall also provide the County with information concerning the proposed zoning classification and a description of the proposed zoning classification including a list of permitted and conditional uses. 2. Within 15 working days following receipt of the above information, the County will forward to the municipality a statement either: (a) indicating that the County has no objection to the proposed zoning classification for the property; or (b) describing its bona fide objection to the proposed zoning classification, providing supporting information, and listing any stipulations or conditions that would alleviate the objection. 3. If the County has no bona fide zoning classification objection, or if it has not responded within 15 days, or if the proposed zoning is essentially identical to the County's zoning, then the municipality will be free to proceed with the annexation. 4. If the County notifies the municipality that it has a bona fide objection to the proposed zoning classification, the municipality will respond to the County in writing within 15 working days of receiving the County's objection by either: (a) disagreeing that the County's objection is bona fide in accordance with O.C.G.A. 36 -36 -11 and notifying the County that the municipality will seek a declaratory judgement in court; (b) agreeing with the County and stopping action on the proposed annexation; (c) agreeing to implement the County's stipulations and conditions and thereby resolving the County's objection; or (d) initiating a 30 -day review process. 1 5. If the municipality initiates a review process, the process shall be as follows: ty of (a) When the City of Savannah initiates the a'nning Savannah shall inform the Chatham County Savannah Metropolitan P Commission (MPC) of the dispute and shall request a zoning recommendation. Within 30 days after receiving notice of the dispute, the preparing a MPC shall prepare a zoning nsider the bona' fide object on described recommendation, the MPC shall co by the County in response to the annexation notice. The MPC shall consider only land use issues such as the intensity of the proposed uses of the property or changes in the basic character ofe permitted Land Use uses which would be inconsistent with the Chatham County (b) When the review process is initiated by the City of Bloomingdale, City of Pooler, City of Port Wentworth, City of Garden City, Town of Thunderbolt, City of Tybee Island, or Town of Vernonburg, there shall be established a joint planning body to prepare a zoning recommendation. Such joint planning body shall be assembled by the MPC upon notice of the dispute by the municipality. The joint planning body shall be comprised of the members of the MPC and the members of the municipal planning commission. The zoning recommendation by the joint planning body shall be prepared within 45 days after notice of the dispute is provided to the MPC. The recommendation of the joint planning body shall be determined by allowing a single vote for the total membership of each of the two planning commissions represented on the joint planning body. In preparing a recommendation, the joint planning body shall consider the bona fide objection described by the County in response to the annexation notice. The joint planning body shall consider only land use issues such as the intensity of the proposed uses of the property or changes in the basic character of permitted uses which would be inconsistent with the Chatham County Future Land Use Plan. 6. The County and the municipality shall consider the zoning recommendation of the MPC or the joint planning body to determine if the review process has produced a resolution to the dispute. 7. If no resolution of the County's objection results from the review process, the municipality will not proceed with the proposed annexation unless the municipality successfully challenges in court the validity of the County's objection as a bona fide objection in accordance with O.C.G.A. 36-36-11. 8. This annexation dispute resolution agreement shall or remain in force and effect until s otherwise terminated rescinded or amended by agreement of each party unless by operation of law. 1 1 1 IN WITNESS WHEREOF, the MUNICIPALITIES and the COUNTY have caused this agreement to be duly executed by their proper officers and so attested with their corporate seals affixed hereto set forth in multiple originals as of the date first written above. CHATHAM COUNTY, GEORGIA BY: ATTEST: Clerk of County Commission APPROVED AS TO FORM AND LEGALITY: County Attorney ATTEST: Name: Sandra Jones Title: Clerk ATTEST: Name: Johnnie Arnold Title: City Administrator Billy Hair, Chairman Chatham County Commissioners CITY OF BLOOMINGDALE By: Name: W. C. Strozier Title: Mayor CITY OF GARDEN CITY By: Name: Dean Kicklighter Title: Mayor ATTEST: 1 1 Na ieBrown Titl City Clerk ATTEST: Name: John M. Adler Title: Council Member CITY OF TYBEE IS B Name: Walter Parker Title: Mayor CITY OF VERNONBURG By: Name: Frank A. Chisholm, Jr. Title: Intendent 1 1 1 RESOLUTION WHEREAS, the Georgia Planning Act of 1989 requires all local governments in Georgia to prepare and adopt a comprehensive plan and require an update of the government's Short Term Work Program at least every five years; and WHEREAS, the Georgia Department of Community Affairs has established Minimum Planning Standards and Procedures under the Georgia Planning Act of 1989 for coordinated and comprehensive planning, including standards and procedures for the preparation of local comprehensive plans and implementation thereof, public participation, coordinated review, and preparation of Short Term Work Program updates; and WHEREAS, the City of Tybee Island participated in a coordinated and comprehensive planning process under the Georgia Planning Act of 1989 and the Minimum Planning Standards and Procedures; and WHEREAS, this coordinated and comprehensive planning process and the subsequent formal review by the Coastal Georgia Regional Development Center and the Georgia Department of Community Affairs resulted in the approval of the comprehensive plan and including a Five Year Short Term Work Program for the City of Tybee Island; and WHEREAS, five years have elapsed since the adoption of the Tybee Island comprehensive plan and Short Term Work Program, and it is now time to update the Short Term Work Program in accordance with the Minimum Planning Standards and Procedures; and WHEREAS, the City of Tybee Island has now prepared a Short Term Work Program Update, including a Report of Accomplishments and a new Five Year Short Term Work Program, to their adopted comprehensive plan in accordance with procedures, including holding public hearings on the Short Term Work Program Update on 1998 and 1998. NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Tybee Island certify that requirements of the Minimum Planning Standards and Procedures have been met, and that the city's Short Term Work Program Update to its adopted comprehensive plan is hereby authorized to be submitted to the Coastal Georgia Regional Development Center and the Georgia Department of Community Affairs for their formal review, comment and recommendation before formal adoption by the City Council as mandated by the Minimum Planning Standards and procedures of the Georgia Planning Act of 1989, this 1998. THIS 14th ! MAY, 1998. Mayor Walter W. Parker [Adding 3.3 Short Term Wor 1 RESOLUTION Compliance Maintenance RESOLVED that the City of Tybee Island informs the Georgia Department of Natural Resources, Environmental Protection Division, that the following actions were taken on March 12, 1998. 1. We have reviewed the Compliance Maintenance Annual Report which is attached to this resolution; and 2. We have set forth the following actions necessary to maintain effluent requirements contained in the NPDES Permit: (a) Authorized improvements to sewer system as per attachment. ADOPTE P THIS 14 th D y, 199 ayor Walter W. Parker 1