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1998 -07 -09 City Council Minutes
A regular meeting of the Tybee Island City Council was held at Tybee City Hall
Auditorium on Thursday, July 9, 1998, beginning at 7:30 p.m. Mayor Walter W. Parker
presided, and the following City Council members were present: Ed Merves, Jack
Youmans, Anne Monaghan, Dee Anderson, Michael Hosti and Mallory Pearce. City
Attorney Edward Hughes, Zoning Administrator Angela Byers, W/S Superintendent
George Reese and Assistant City Manager Rowena Fripp were also present. City
Manager Bill Farmer participated by means of voice communications.
The meeting began with an Invocation by the Reverend Lee Bennett of Trinity
Methodist Chapel, followed by the Pledge of Allegiance to the American flag led by
Mayor Parker.
The first person to speak was Ray McMillion who outlined a problem with a
faulty water meter that has now been replaced. He petitioned for an adjustment of the
water /sewer bill because the problem had extended over several months.
Mrs. Marty Davis Lee spoke to the City Council, reminding them that last year a
subdivision of the property at 15 Solomon had been granted. She said she didn't realize at
the time that the newly created lot would have to be accessed by a small bridge -type
structure. Angela Byers added that DNR would inspect the site, which is vegetated.
Bill Lovett of Hussey, Gay, Bell & DeYoung, Inc. spoke of several projects for
which his firm is handling the engineering.
First, he provided a Resolution granting the Mayor power to sign a GEFA Loan
Application, to be designated primarily for the water storage tank facility.
Secondly, he gave Council a report on a sewer failure on 14th Street between
Fifth & Sixth Avenues. The emergency is currently being handled by bypassing the
collapsed line, using a rented pump. Rental fees have already amounted to more than
$7,500. The estimated cost to repair the water and sewer lines is $40,000. And a sketch
and bid sheet is provided for Council's information. Storm drainage is needed and will
add approximately $8,500 to the cost. Elaborate engineering and topo maps will not be
necessary.
Bill Lovett also gave a status report on the television investigation of sanitary
sewer lines, asking for approximately $9,800 additional funding for the project. It was
noted that the Georgia Environmental Protection Division of DNR is kept aware of how
the work is proceeding, since the city is under mandate to improve its wastewater plant.
The storm sewer replacement at Inlet Avenue was intended to coordinate with
and become a part of the erosion control groin system for Back River. Bill Lovett
explained that neither his firm nor the Corps of Engineers believe the two projects
compatible.
Mayor Parker recognized that the large audience is here to discuss pickup of
garbage and trash and said it would be lovely if a few representatives of the group will
speak for all, summarizing the main points. He added that there are representatives from
the city's contractor for the service, Waste Management of Savannah, Inc., Mr. Bill Shaw
and Ms. Jane Hall. Angela Byers spoke for the city, saying the issue is one of safety, and
also saying that the contract has always said "curbside ", and that "curbside" literally does
not mean entering private easements by backing down them because there is no
turnaround space available. She mentioned a July 1st proposal that would provide
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backdoor service to these residents for an additional charge per month. Councilman
Pearce asked if ten dollars a month would correct the safety hazard. The answer was that
the extra charge would be for the time it would take to walk the carts out to the street.
Bill Shaw replied to a question from the audience that a smaller truck is not feasible due
to the high volume of garbage and trash. He said that the issue is really two -fold: first,
the defined language contract is that curbside means public streets, city owned and
maintained. Backdoor service is time consuming and labor costs are much greater. There
are safety issues involved, the trucks have to be backed down lanes where vision is
obscured by shrubbery, trees, fences and other impediments. In some lanes the trees are
so close that the side mirrors cannot be utilized. At one time the lanes were clearer, with
vegetation trimmed back. There must be a clear path all the way back and this is best
addressed on a case -by -case basis. He added that he doesn't believe "private drive" is the
issue. Councilman Pearce asked if overgrown shrubbery and tree limbs are the issues,
and if judicious pruning could solve the problem. Bill Shaw replied that the company
would prefer the lanes to be clear all the way to the end, a cooperative effort by 136
neighbors along the lanes. Angela Byers added that vegetation isn't the only problem,
there are also cables, wires, flower beds, crossties, and fences. One of the residents said
that he agrees safety is of the utmost importance. He said that one of his neighbors had
the lines on their lane raised the morning after the problem was identified, and that
permission will be given for Waste Management to turn the truck at the end of the lane.
Bill Shaw said that there has to be policing done by the city; at one time the lanes were
kept reasonably clear. He said Waste Management wants to work with the city and the
customers, but the city needs to be responsible for dealing with safe access. One of the
audiences said that his group cleared their drive, but received the same letter all the others
received. Mayor Parker said that might have been an error on the part of the city.
Sandra Luxemberg said that she does not believe the large trucks should back down
narrow lanes, but that on 18th Place on any day there will be 5 or 10 rollout carts in front
of her property. There are no sidewalks and people have to walk among these carts
which have a sickening smell which may cause the health department to become involved.
People need to move the carts back after service. She remarked that the town has a
beautiful beach to which tourists are attracted and there is lots of traffic. She believes a
smaller truck is the best answer. Mayor Parker said he believed the ordinance did say
people are supposed to move the carts back. Angela Byers said this is unenforceable due
to the many part-time residents and short-term rentals. Earl Shafer said he has 9th Street
frontage but people on his street have always used the lane behind - 9th Terrace - for
trash and garbage service. He illustrated to the City Council that his lane is shown on the
tax map. Angela Byers said all lanes are shown on the PIN maps, but 9th Terrace is a
private drive. Earl Shafer said this problem should have been brought up before the
contract was signed. He also said that he personally saw to it that 9th Terrace was clear
by doing the work himself; but that he is no longer able to do so. Esther Buchsbaum
compared the old and new contracts, saying the language is about the same, and asking
who changed the interpretation. She noted that 9th Street, the public street, has a great
deal more traffic and congestion and there is more likelihood of an accident there. She
asked what specifically is the problem on 8th Lane? Is it low hanging wires? Is it lacking
of a turnaround? Another resident said these questions were asked of Waste
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Management's Safety Manager and no answers were given. Someone else asked if we
could determine which lanes and drives are safe and which are not. Mayor Parker
answered affirmatively, saying that Angela Byers with work with Waste Management
personnel to notify residents. Angela said specifics would be given in another letter to
each property owner.
Mayor Parker opened a public hearing for a site plan review for Penn Myrick for
#3 17th Street, PIN # 4 -09 -03 -002, in the C1 Zone. Councilman Pearce asked about side
setbacks, and Mr. Myrick answered that none are required but the plan shows a foot on
either side. Councilman Pearce asked about firewalls. Mr. Myrick answered that there
are firewalls in the plans. Councilman Pearce asked about storm drainage, and Mr.
Myrick referred to engineering drawings on hand. Angela Byers said the Planning
Commission recommended approval. Planning Commission Chairman Sally Keller
concurred, saying the Commission voted in favor of approval.
A public hearing for Scott Sheard, petitioning for a 10' setback variance at #18
Anderson Court was next. Sally Keller spoke, saying the Planning Commission
recommends approval, and that the situation is unusual. Angela Byers said that the old
zoning code used to require 20' setbacks on each street for corner lots and that this is no
longer required under the present land development code. She said that the variance
would be in line with the other houses along the street, which all have 10' setbacks. It
was noted that the variance would be on the upper level only. In response to a question
from Councilman Pearce, Sally Keller said the Planning Commission felt this variance will
bring the property into compliance with its neighboring properties, and that it really will
not look like a variance at all. There was one speaker in favor of the variance, and the
public hearing was closed.
The meeting was opened for business legally presented.
Mayor Parker recognized John Hunter and invited him to speak concerning his
letter dated June 10, 1998 which included an appraisal and an offer to purchase city
property adjacent to Hunter House. Councilwoman Monaghan said that she believed the
land is worth more than the appraisal indicates. Mr. Hunter replied that bringing the land
into good condition would be expensive. Councilman Merves said it looks as if the
appraisal might be based upon residential values, even though it is adjacent to commercial
property. Councilman Youmans said that the city paid $79,000 a few years ago for a
residential lot that has a city sewer line on it. City Attorney Hughes advised the City
Council that there would first have to be a finding that the property is not suitable for
other purposes, a finding that the land is of no practical use to the city prior to a legal
sale. Councilmen Pearce said he'd rather the city retain the property as green space and
moved to reject the offer. Councilwoman Monaghan seconded. The vote was 3 to 3
with Councilmembers Pearce, Monaghan and Merves voting for the motion and
Councilmembers Anderson, Youmans and Hosti voting against. Mayor Parker broke the
tie by voting in favor of the motion to reject the offer. The City Attorney said if the
Council does decide it wants to consider a sale, there might have to be a public auction.
Ray McMillion spoke next concerning a water /sewer- metering problem that he
said had continued over a space of 6 months or more. A faulty meter was replaced
recently, after what Mr. McMillion said were repeated requests. Councilman Hosti
moved that Mr. McMillion be allowed a reduction of $400 which represents about two
months of abnormally high usage. Councilman Anderson seconded. Councilman
Youmans said it stands to reason that, with no change in habits or people, an average bill
would be fair. Councilwoman Monaghan asked Dr. Farmer if repeated requests were
indeed made, and Dr. Farmer replied that no record of such had been found. Mr.
McMillion had not been willing to pay a $25 meter -check charge. Councilman Pearce
said he is reluctant to begin a precedent of people coming to City Council meetings with
requests of this kind. Mayor Parker said there is already a procedure in place. The
motion carried without dissent.
Mayor Parker then called Marty Davis Lee. She explained that when she and her
husband subdivided a lot with Council's permission last year, they were unaware that
there would be a problem of access. She asked that a small, bridge -like structure be
allowed for this purpose. Councilman Hosti moved that the request be approved
provided all permits, including DNR if necessary, are obtained. Councilman Youmans
seconded and the vote was unanimous in favor.
A Resolution was read granting the Mayor the power to sign an application for a
GEFA loan for water storage. Councilman Pearce moved for approval, Councilman
Anderson seconded and the vote was unanimous in favor.
Councilman Pearce moved that the contract for televising sanitary sewer lines be
increased by an additional $9800 and Councilman Merves seconded. The vote in favor
was unanimous.
The Inlet Avenue storm drainage design was postponed by unanimous vote on
motion by Councilman Youmans seconded by Councilman Anderson. Councilman Hosti
moved that the site plan for Penn Myrick's property be approved. Councilman Youmans
seconded and the vote was unanimous in favor of the motion.
Councilman Pearce moved that the City Council follow the recommendation of
the Planning Commission and allow the ten -foot variance for Sheard on the Solomon
Avenue side of the property at #18 Anderson Court. The motion was seconded by
Councilman Anderson and passed without dissent.
Minutes of the meeting of June 25, 1998 were approved as written.
Sally Keller spoke about the encroachment on the sand dunes at the Back River
Fishing Pier, and said that she is still hoping that DNR will eventually correct the matter
by re- locating the steps from the pier to the beach. She thanked Dr. Farmer, Public
Works and the City Council for placing the snow fencing in the area.
Councilman Pearce moved that the purchase of a pump for $37,000 be approved
after Dr. Farmer explained that we have the opportunity to get full credit for the $7500
we have paid in rental fees thus far. Councilwoman Monaghan seconded. Mayor Parker
said that the equipment is really needed. Councilman Youmans disagreed, saying that
every time we turn around we're raising water rates. Councilman Pearce said we just
approved engineering fees for another project so we'll need the equipment again soon.
Councilman Youmans said the pump is used for lift stations, not lines. Dr. Farmer said
that there are occasions when a bypass pump is used as in emergency work due to
collapsed lines. Councilman Youmans asked why the construction contract doesn't
include the pump and Bill answered that, if so, the cost would be passed on to the city.
Councilman Youmans asked why Richard Marlowe of IAM Construction isn't furnishing
this equipment. Bill answered that the city agreed to rent one, and that there have been
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times when 2 or even 3 bypass pumps are in use at once. The vote was 3 in favor
(Monaghan, Pearce, Merves) and 3 opposed (Youmans, Hosti, Anderson). Mayor Parker
broke the tie with a vote in favor and the motion passed. The pump will be purchased
from water /sewer funds.
The First Reading of Code Section 9 -5 -1 Beach Rules included a lively discussion
of fishing on the beach which led to a motion by Councilman Pearce to keep fishermen
within 200 or so yards of the north groin because the river beach is a prime roosting site
for many sea birds. He informed Council that DNR is considering making the area a bird
watching area and he'd like to see it kept free of fishermen. The question was asked
whether fishermen, who are relatively few, are more disturbing to the birds than the many
people who walk the beach. The motion failed for lack of a second. Councilman
Youmans moved the policy regarding fishing be approved as written by Bill. After a
second by Councilman Anderson, the vote was 4 (Anderson, Youmans, Merves, Pearce)
to 2 opposed (Councilmembers Monaghan and Hosti). Youmans moved to adopt 9 -5 -1
Beach rules on its first reading. Anderson seconded. Vote by Council was unanimous.
Code Section 1 -1 -8 General Penalty was explained by Mr. Hughes, after which
Councilman Pearce moved its adoption. Seconded by Councilman Hosti, the ordinance
passed on Second Reading without dissent. A copy is attached to, and becomes a part of,
these minutes.
Councilman Pearce moved approval on First Reading of a new ordinance to limit
meetings to one meeting a month during the summer and in November and December.
Councilwoman Monaghan seconded. Councilman Youmans said it makes for a much
shorter night to have two meetings a month. Councilman Merves said he believes the
City Council is kept more involved by having two meetings, although he agrees that there
should be only one meeting a month in November and December. He said that for the
remainder of the year he believes it to be in the best interests of Tybee to have two
meetings a month and that there is enough business to make it worthwhile. The vote was
2 (Councilmembers Pearce and Monaghan) to 4 (Councilmembers Hosti, Youmans,
Anderson, and Merves) against. Councilman Merves then moved that there be two
meetings per month with the exception of the months of November and December.
Councilman Hosti seconded and the ordinance passed on First Reading by a vote of 4
(Merves, Hosti, Anderson, and Youmans) to 2 (Pearce and Monaghan).
The meeting was adjourned.
(Ord. July 9th Minutes, Added, 07/23/1998)
alter W. Parker
Assistant City Manager
R E S O L U T I O N AUTHORIZING MAYOR
T O EXECUTE D O C U M E N T S
WHEREAS, the City of Tybee Island desirous of constructing an
elevated storage tank and other appurtenances to serve the Citizens
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
July 9, 1998.
Mayor Walter Parker
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ORDINANCE # 1998- 15
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 1 General Provisions, Chapter 1 Use
of the code and penalties, Section 8 General Penalty, be amended to read as follows:
[Amending 1-1-8 General penalty.]
Whenever in this code or in any ordinance of the city any act is prohibited or is made or
declared to be unlawful or an offense, or whenever in this code or any ordinance the doing of any
act is required or the failure to do any act is declared to be unlawful, where no specific penalty is
provided therefor, such violation of any,suckprovision of this code or any ordinance shall be
punishable by a fine not exceeding $3.00 glin by sentence of imprisonment not exceeding two-
(-23w 1511EN and to work on the streets or public works for a period not exceeding 60 days,
any or all such penalties in the discretion of the recorder.
Cross Reference: Recorder's court, city charter, Sec. 44(c)
[-----End of Text----]
ADOPTE THIS 9th Y, 1998.
ayor Walter W. Parker
Cl rk ff oun
1st Reading: June 25, 1998
2nd Reading: July 9, 1998
Enacted: July 9, 1998