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Day 1998 -10 -22 City Council Minutes
Mayor Pro Tem Donald E. Anderson, Jr. called the October 22, 1998 Council meeting to
order at 7:30 P.M. The Pledge of Allegiance followed the invocation given by the Reverend Lee
Bennett. The following members of Council were present: Ed Merves, Jack Youmans, Anne
Monaghan, Michael A. Hosti, and Mallory Pearce. Mayor Parker was out of town attending a
beach preservation meeting in Florida. City Attorney Edward Hughes and City Manager Bill
Farmer were present. Councilmember Monaghan asked that a moment of remembrance be
observed for Maude and Charlie Mutter who passed away on October 21st at about the same
time, stating that these were really good people who lived on Tybee. Mayor Pro Tem Anderson
announced that there will be only one meeting in November.
Jeff Schroeder asked that Council address the three following issues. Rescind the October 8,
1998 decision to allow the storage shed on Myricks property; to assure that the drainage
requirements, as well as, the most updated civil engineering plans are complied with before a
Certificate of Occupancy is issued; to propose to Council that the City Manager have a reporting
responsibility to Council, whenever any significant changes are made to an approved building
project, after the fact. Merves asked Schroeder to explain about some engineering study that
shows the condo buildings nearly a foot higher than the approved plans. Schroeder said that 80
plus trucks of top soil were brought in and placed on that lot. John O'Neill, Jr. stated that he has
served on Council on two separate occasions. O'Neill said some people say that Myrick is hard to
get along with at times. About 12 to 14 months ago Myrick came before council with a request
for 1 to 3 variances, he continues to call the police to Fannies'. O 'Neill feels that Council should
be very cautious whenever Myrick comes before Council because things are not what they appear
and Council should investigate before making any decisions. O'Neill said that Council should
rescind the October 8th decision of allowing the out building to remain. Youmans answered that
Myrick did not request that the building be allowed to remain, that the president of the
association came before Council. Merves said that the president told Council that the owners
wanted the shed to remain. O'Neill said that most of the owners want the shed to remain but that
Council can not override the covenants of the condo association. O 'Neill asked that Council stick
by the rules and keep in mind that Myrick built residential in a commercial zone.
Mr. Grant Coursey addressed Council concerning his complaints to the City Manager for the
past 6 months about his water and then how the sprinkler has discolored the paint on his home.
Coursey said that he brought a sample of his water to Farmer and asked him to drink it. Farmer
said no, and asked what the problem was with the water. Farmer said that he would investigate
and get back to him in 3 days. At that time he was told by George Reese that it was a City
problem. The City flushed the water lines twice. Coursey again told City Manager that the
problem was not corrected. Coursey said all he wants is justice. Coursey said that he called the
Mayor and Parker was not aware of any problems, but that the City Manager should have taken
care of any problems, but would get back with him after speaking with the City Manager, which
he did not. Coursey said that Mrs. Brown told him that he could appear before Council. Coursey
stated that he is on City water not a shallow well. Coursey said that he has now learned that he
can get a separate meter for his sprinkler system that will not charge him the sewage charges.
Coursey said that he now drinks bottled water. Coursey said that Mr. Reese is a nice guy and that
he is the only person that has called him back. Pearce asked what the status with his water is
now. Coursey answered that the water is still yellow in the toilets. Pearce asked if the water has
been tested? Coursey said that he had Pride Pool test and that they said that the water is
undrinkable. Coursey said that all he is asking is that the City hire an contractor to paint his
home. Farmer said that the City has never compensated a owner before because of rust on their
house. Farmer said that Council could adopt a policy or an ordinance for color purity of the
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water, but that it is not proper for the City to paint the house. Coursey said that his next door
neighbor is selling his house because of the water problem. Farmer said that this is not a unique
problem that the system does have problems. Youmans said that if the City has messed up then
the City should correct but that the water needs to be tested before going through the meter and it
should be done by a chemist. Merves said that this has been going on for 6 months and Reese has
stated that it is a City problem. Farmer said that Reese has indicated that it might be a City
problem and that the answer is usually to flush the lines. Merves asked why has nothing been
done for the past 6 months to correct this problem? Merves said that the City needs to follow
through. Farmer said that the lines were flushed. Merves answered that Farmer knew the problem
did not go away. Farmer said that he would fmd out the cost to replace the lines. Merves said that
might not be the problem, to fmd out what is causing the problem. Pearce told Coursey to file a
claim. Coursey said that his next step would be a lawyer.
Mr. Mark Johnson, an owner and attorney for the South Beach Ocean Condo Association,
stated that their by -laws should not be before Council, they are a private matter between owners,
not Council business. Johnson said that no false statements were made by Mr. Charlie Ray at the
October 8, 1998 meeting. Mr. Johnson said that he does not have answer about the drainage. Mr.
Ray said that he did not misrepresent himself at the last meeting, that this is an association
problem and that they will deal with it. Pearce said that Council received a letter from the City
Attorney. (Copy attached and becomes part of these minutes). Johnson stated that the City has no
connection with the by -laws, that the association governs the property. Merves asked Hughes for
legal opinion. Hughes said he got a call, this is not a City issue, it is between owners. Hughes
said that the reason it came before Council was that Myrick made a verbal agreement that said he
would remove the building. Hughes said that Johnson is correct in that the City has nothing to do
with the by -laws. Youmans said that he does not want to rescind his vote because the building
was on the site plan that Council approved.
Mr. Larry Hendrix questioned Council concerning the article in the Savannah Morning News
in reference to the 99 budget, mainly the water /sewer section of the budget. Hendrix wanted to
know how much money it was going to take to correct the system and how will this effect the
water bills. Farmer said that the sewer plant expansion is about 2 million and that should take
care of all the growth for the next 20 years; it will take about 1 million to correct the sewer lines
that were televised this year and that these expenses are in the 99 budget. Farmer said that about
another 2 million will be needed in future years to correct the remaining sewer lines. So about 5
million or so. Farmer said that the worst problem areas will be corrected first. Hosti said that
hopefully in the future that part of the hotel/motel monies will be able to fund the water sewer
system. Pearce said that the City has connection fees not impact fees and that Council has raised
these fees in the past couple of years. Hendrix asked if he could come to City Hall and look over
the records? He also asked if there has ever been any discussion on a moratorium on buildings.
Hughes answered that a moratorium is only allowed for a brief time limit on an emergency basis.
Anderson said that Mr. Hendrix can come and speak to the City Manager.
Ms. Carol Freeman addressed Council as a homeowner of one of the South Beach Ocean
Condos explaining the covenants and what Myrick promised as green space. Ms. Freeman said
that the storage shed is a fire hazard, a C.O. should never have been issued to Myrick, also there
is no fire wall between her building and Fannies' on the Beach.Youmans stated that what he is
hearing is a civil matter, voted to allow building to stay, and he does not know whether he lied or
not. Hosti asked Hughes opinion. Hughes said it is a private dispute. Merves said that the space
was habitable and now is not. Byers said that the Chatham County inspectors checked the
building and that there is no electric, nor water and sewerage to the shed, but that the shed would
be sprinkled. Byers stated that she had issued a temporary partial C.O. on the building, which is
allowed by our ordinances. Hughes said that the building shown on the site plan was habitable
space, when did it become uninhabitable? Byers said that during the public hearing that Myrick
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said once the condos were completed that the building would be torn down. Byers said that
Myrick and Farmer met in her office, Myrick needed a temporary C.O. and he signed an
agreement that said the building would be removed by 4:15 P.m. on October 12, 1998. Byers
again said that there is no water, sewer, or electricity going to the building. Anderson stated that
the City Attorney has said this is a civil matter. Byers said that the vote by Council was
unanimous on the site plan presented by Myrick. Hughes advise Anderson to go on with the
meeting. Schroeder said he was told by Byers from the get go that the building would come
down, keep in mind that the building was cut in half.
Mayor Pro Tem Anderson opened the meeting for business legally presented. Pearce moved
to rescind action taken at the October 8, 1998 meeting allowing the building to remain as a
storage shed. Monaghan seconded. Vote by Council was 4 in favor (Merves, Monaghan, Hosti,
Pearce); 2 opposed (Youmans, Anderson).
Pearce moved to test Mr. Courseys' water. Merves seconded. Youmans said that everytime
someone calls and complains are we going to test their water. If so then we need to hire a chemist
full time. Merves withdrew his second. Merves motioned that homeowners have the water
tested from a list of providers that the City provides to them to determine if there is a
problem. Pearce seconded. Youmans said that he wants the water tested before it goes through
the meter. Pearce agrees to the amendment to the motion. Vote by Council was unanimous.
Youmans moved that after testing if the City is at fault then we paint the house. Pearce
seconded. Vote by Council was unanimous.
Hosti moved to accept the October 8, 1998 minutes as written. Pearce seconded. Vote by
Council was unanimous. Hosti moved to pay the September bills. Pearce seconded. Vote by
Council was unanimous.
Pearce moved to deny the ante litem notice from Hogan/Risher. Hosti seconded. Vote by
Council was unanimous.
Pearce moved to adopt the 1999 budget resolution after Farmer explained that it does not
mean that rates will be automatic, it takes 2 readings of an ordinance to raise the water /sewer
charges and the adoption of a resolution to raise the garbage fees. Monaghan seconded. Pearce
said that the budget can always be modified. Youmans said once it is adopted that it is not easy to
change. Youmans said that there is alot that can come out of the budget, things we do not need
right now. Merves agrees and can not support the budget as it stands. Merves said that the
employees raises are one thing. He did a comparison from 95 to 99, take administration it was
$202,000 in 95 and the proposed 99 is $314,000, also the travel for Council needs to come down
not go up. Merves said that the budget does not need to be adopted until January 1, 1999.
Youmans said that in the long term debt that there is $500,000 for the water storage tank,
Council voted to pay that with the SPLOST funds. Hosti said that over $100,000 were given in
raises last year, we need more money in the reserve account, there is a lot of fat in the budget.
Youmans said that he does not know everything but that he goes to the classes offered so that he
can keep up with the laws that govern the municipalities. Hosti said that he is not worried about
Youmans going to school. Pearce said that he agrees with Youmans about the sessions being
valuable. Voting in favor of adopting the resolution were Monaghan and Pearce. Voting
against were Merves, Youmans, Anderson, and Hosti.
There was more discussion on the drainage at the 17th Street location owned by Penn Myrick.
Hughes stated that Byers and Bargeron responded to the question asked by Schroeder in a letter
concerning the drainage. Byers talked with Downer Davis - Myrick was told to have swales in
the 6 foot setback, silt fencing and 3 layers of cross ties and that should cover any drainage.
Byers said that Davis told her that he did not say all the things stated in the letter from Schroeder.
Hosti said that unless the City has Chatham County engineers go in and say there is a problem
then the City can not do anything. Hughes said that Council approved the drainage on the plans
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on the recommendation of the engineers from the County. Byers said that she spent the entire day
on the project when the swales, silt fencing were installed and cross ties were delivered.
Schroeder said that what Byers said was true but that the silt fencing and the cross ties were
temporary during construction. Schroeder said that there is plastic on top of ground and then
wood chips covering the plastic. The water runoff is by the shed not going towards the street.
Schroeder said that the original plans that Council approved were for a 10 foot setback, and this
is not a civil matter. Schroeder said if the Zoning Administrator issues the permanent C.O. then
we have a real problem. Schroeder said all he is asking is that the rules be followed. Schroeder
said that Council should get a report from Farmer of any changes that occur. Pearce asked if the
drainage problem was flooding his yard? Schroeder answered yes, stating that what is there now,
is not what Council approved. Myrick said that he has not deviated in any form from what
Council adopted. Myrick said that water can not run uphill and that the lot behind Schroeder and
the runoff from Schroeders' roof is what is flooding Schroeder. Myrick said that Schroeder set
up little dams and that caused the water to come on his property. Myrick said that at the request
of City Hall that he put up silt fencing, swales, black visqueen and wood chips. Schroeder is
getting water from his roof not from the condos Myrick stated. Myrick again stated that he has
abided by all the rules. The City built a sewer on the Myrick property so we had to move the
building 4 feet to get off the sewer. Myrick said that the power that be said he did not have to
come back before Council.
Farmer asked Councilmember to please give him any changes that they want for the 99
budget. Hughes said that both the Zoning Administrator and the City Marshal replied to a letter
from Mr. Schroeder and that if Myrick is following the plans approved by Council then Council
can not do anything. Byers said that no permanent C.O.s have been issued.
Farmer stated that there is a request before Council for 4 way stop signs on Jones Avenue
from Mr. Bernie Goode. Anderson asked has the traffic study requested by Council been
completed. Farmer said that the traffic study was not reviewed by an engineer. Youmans moved
that no more 4 way stop signs be placed anywhere on the island. Died for a lack of a
second. Monaghan agrees that we do not need 4 way stop signs but that we need to look at the
safety of the children waiting to catch the bus. Monaghan moved that the City should look
into and study ways of making safe spots for children waiting to get on the bus. Pearce
seconded. Youmans stated that there is about 15 to 20 feet of City rights of way along the streets
and that the kids need to be out of the street. Merves said that the children are standing in the
streets and sitting on curbs and not just on Jones. Merves said that we should study the entire
island. Monaghan accepted Merves amendment to the main motion. Vote by Council was 5 in
favor (Merves, Monaghan, Anderson, Hosti, Pearce); 1 opposed (Youmans).
Pearce moved that the City reject the proposal from Mr. John Hunter for the purchase
of a portion of an unopened street (Lovell) behind the Hunter House. Hosti seconded.
Monaghan said that she would like Council to have some guidelines, we need to designate green
space. Merves said that he has reviewed the Master Plan and the City needs to retain existing
green space. Hosti said we don't need to sell. Vote by Council was 5 in favor (Merves,
Monaghan, Anderson, Hosti, Pearce); 1 opposed (Youmans).
Youmans moved to leave all the parking fines and fees as they are at the present since the
City has increased revenues by $90,000 so far this year. Hosti seconded. Hosti asked Farmer how
many employees are still employed and are they making it worth it. Farmer said 3 full time and
some weekend personnel. Farmer stated that he would get the figures for Hosti. Merves said that
he does not want to raise the fines but maybe the decals from $50.00 to $55.00. Farmer stated
that the fines and decal fee have been in effect for about 5 years. Farmer said that we are looking
at about $157,000 increase in revenues from what was budgeted. Merves said that overtime on
the meter is $6.00 fine and it cost $5.00 for the parking lots so it is a good gamble to park at a
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meter. Vote by Council on the motion was 2 in favor to leave as is (Youmans, Anderson); 4
opposed (Merves, Monaghan, Hosti, Pearce). Merves moved to raise the overtime fine from
$6.00 to $8.00 and the decal from $50.00 to $55.00. Pearce seconded. Vote by Council was 4
in favor (Merves, Monaghan, Hosti, Pearce); 2 opposed (Youmans, Anderson).
Pearce moved to raise the lots fee to $7.00. Monaghan seconded. Merves said maybe just for
the south lots. Vote by Council was 3 in favor (Monaghan, Hosti, Pearce); 3 opposed (Merves,
Youmans, Anderson). Motion died. Merves moved that the lots on the southend be raised to
$7.00. Pearce seconded. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, Pearce); 2
opposed (Youmans, Anderson).
Youmans moved to table and place on the November agenda the Resolution on Downtown
Development Authority and that Council get together and discuss because this gives the
Authority the power to make loans. Hosti seconded. Hughes recommended holding off on any
decisions until Assistant City Manager Rowena Fripp can be present. Monaghan said that she
would like a workshop before the November meeting and that Hughes could run the workshop.
Farmer said that this could be put off until January 99. Monaghan said that this is needed for the
Better Home Town plan. Workshop will be 7 P.M. on November 12, 1998 with Hughes running
the workshop.
Fanner said that the AED has been purchased at the cost of $3090.00 and is at the Police
Department. Beach Renourishment is moving along and there should be a contract towards the
end of January. The Y.M.C.A. are in the process of interviewing 3 people for the recreation
director at Tybee.
As there was no further business to come before Council, Hosti moved to adjourn the
meeting.
Clerk of Council, jrb
Donald E. Anderson, Jr. Mayor Pilo ' em
Mayor Walter W. Parker
City Council
Donald E. Anderson Jr., Mayor Pro Tem
Michael A. Hosti
Edward Merves
Anne P. Monaghan
Mallory Pearce
Jack Youmans
CITY OF TYBEE ISLAND
October 14, 1998
Jacquelyn R. Brown
Clerk of Council
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328
Re: Declaration of Condominium for the South
Beach Ocean Condominium Association, Inc.
Our File No. 572.14536
Dear Jackie:
City Manager
Bill Farmer
Assistant City Manager
Rowena B. Fripp
Clerk of Council
Jacquelyn R. Brown
City Attorney
Edward M. Hughes
VIA FACSIMILE
786 -5737
This will acknowledge receipt of a copy of the Declaration of
Condominium for the South Beach Ocean Condominium Association, Inc.
I assume this has been sent to me because it is inconsistent with
the building which Council did not require be torn down at the last
Council meeting. It is my understanding that the structure in
question would be inconsistent with these covenants.
The City cannot override the covenants of the condominium
association, however, it is also not the City's job to enforce
these covenants but, rather, that is a right of owners of the
condominium. If the structure is not permissible under the
condominium declaration, the fact that the City allowed the
structure to remain - which was supposedly consistent with the
initial site plan - is not really material.
As I recall, a representative of the condominium association
is the one who presented the issue to the City. If the individual
did not in fact represent all of the condominium owners, that was
certainly not our understanding, or my understanding, at the
meeting. In any event, the bottom line is that it really does not
matter because the City cannot override the condominium
declarations anyway, nor can the City, under these circumstances,
enforce the declarations. On the other hand, the occupants of the
condominiums can, if they choose, amend the declarations so as to
make the building consistent with what was proposed on what I
understood to be the site plan.
P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749
(912) 786 -4573 - FAX (912) 786 -5737
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Jacquelyn R. Brown
October 14, 1998
Page Two
If anyone has any questions
know. If you would distribute
appreciate it. I did hear about
meeting and I had advised the
consistently with the above.
regarding this, please let me
this as appropriate, I would
this issue the day after our
individual that contacted me
Please call if you have questions.
remain,
EMH /bb
With kindest regards I
Very truly yours,
Edward M. Hughes