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@ @ITEM 1999 -02 -10 City Council Minutes
Mayor Walter W. Parker called the February 10, 2000 Council meeting to order at
7:30 P.M. with the following members of Council present: James G. Burke, Jr., Jack
Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City
Manager Bill Farmer and City Attorney were also present.
Father John Fitzpatrick gave the invocation and the Pledge of Allegiance was
recited. Mayor Parker asked if there were any changes that Council wished to make to
the agenda. Youmans asked that the Wage Scale/Position Classification schedule be
removed as Council has voted on this issue for the past two months. Burke seconded.
Monaghan asked if Farmer had additional information? Farmer answered yes. Vote by
Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien
and Pearce).
Bill Lovett and Bob Whelchel of Hussey, Gay Bell and DeYoung presented a
report on the wastewater treatment plant. Whelchel explained that the design is
complete. A long discussion followed. Lovett said that he has requested a seasonal
permit from the EDP because of Tybee having so many visitors during the months of
May through September and that he believes that they will grant the permit. Bill Lovett
explained to Council the two types of loans that where out there for the municipalities.
GEFA, which is a State agency, loans money at a low interest rate with no closing cost.
The rate right now is 5.4% but next week it will go up to 5.7 %. GEFA has a 3 million
dollars limit. The SRF is the State Revolving Fund that is handled by EPD and there is a
2% closing cost, but the interest rate is fixed at 3 %. With SRF there are federal
regulations and guidelines that the City must have an environmental assessment done in
the amount of $10,000. But over a 20 -year period the City would save between 790,000
to 953,000 dollars. The SRF loan application take a little longer because of the steps the
City has to go through. O'Brien asked if the loan could be paid off without penalty.
Lovett answered yes, plus you can roll the $10,000 and the 2% closing cost into the loan
itself. Burke asked if this was budgeted. Farmer answered yes at 2.1 million. Lovett
said that there would be no problem starting in November from EPD.
Chuck Jones addressed Council on his request for moving two historic structures
from Highway 80 and Polk to his property on Van Horn. Jones said that the deal will not
happen now.
Bernie Goode asked Council about the progress on the 4 way stop signs for 6th
Street and 12th Street. Monaghan said that the signs will be put up next week.
Denny McNeely addressed Council on the goals that they set and asked that
financial responsibility be moved up to one of the first three goals.
Mayor Parker opened, asked for comments, and closed the following public
hearings according to the laws and regulations. Zoning Administrator Byers said that
most of these are clean up ordinances. There were no comments from the citizens on any
of the hearings. LDC Section 1 -050 Severability and Conflict. Section 2 -010 Terms and
Definitions — this is mandated for the Part 5 Criteria on Wetlands that we need to adopt
so that the City will remain certified. Pearce asked if the map will be a matter of record.
Byers answered yes. Hughes said that a copy shall be attached to these minutes. Section
3 -080 Off - Street Parking Requirements. Youmans asked about the establishments that
already exist without the parking requirements. Byers answered that they will be
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grandfathered. Youmans asked what will happen if they are sold. Byers answered no
change, still grand- fathered. Monaghan said that this would apply only if they add to the
structure. Byers answered yes. Section 3 -160 Protective Screening of Adjacent
Residential Property. Section 3 -165 Greenspace. Section 3 -240 Wetlands Protection.
Byers said that this is part of the mandate. Section 3 -090 Schedule of Development
Regulations. Byers said that they are 2 areas that were considered and Planning
Commission recommended sending the first part back to them but to accept the 4 * * * *
asterisks. Section 4 -010 List of Districts. Byers said that this just corrects the listing by
adding Maritime Districts.
Mayor Parker opened the meeting for business legally presented. Pearce moved
to adopt Section 1 -050 Severability and Conflict on its first reading. Monaghan
seconded. Vote by Council was unanimous. Pearce moved to adopt Section 2 -010
Terms and Definitions on its first reading. Monaghan seconded. Vote by Council was
5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans).
Monaghan moved to adopt Section 3 -080 Off - Street Parking Requirements on its
first reading. Pearce seconded. Vote by Council was 5 in favor (Burke, Sessions,
Monaghan, O'Brien and Pearce); 1 opposed (Youmans). O'Brien moved to adopt
Section 3 -160 Protective Screening of Adjacent Residential Property on its first
reading. Pearce seconded. Vote by Council was 4 in favor (Sessions, Monaghan,
O'Brien and Pearce); 2 opposed (Burke and Youmans). Pearce moved to adopt Section
3 -165 Greenspace on its first reading. Monaghan seconded. Vote by Council was 5 in
favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce
moved to adopt Section 2 -340 Wetlands Protection on its first reading. Monaghan
seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and
Pearce); 1 opposed (Youmans). O'Brien moved to adopt the 4 asterisks in Section 3-
090 Schedule of Development Regulations and to send the first part back to the
Planning Commission on its first reading. Pearce seconded. Vote by Council was
unanimous. Monaghan moved to adopt Section 4 -010 List of Districts on its first
reading. Pearce seconded. Vote by Council was unanimous. Pearce moved to accept
the January 27th minutes as presented. Monaghan seconded. Vote by Council was
unanimous. Youmans moved to approve the Alcohol Beverage License for Tybee
Tavern and Restaurant, Inc. located at 1517 Butler Avenue. Burke seconded. After a
few questions about the license application from Councilmembers license was passed
unanimously. O'Brien gave an update on the Tybee Island Board of the YMCA
stating that the meeting is set for next Tuesday. O'Brien said that there was some
question about her having a vote on the board. Hughes answered that it is a bad idea for
O'Brien to vote when the decision will come before Council.
Burke moved to cut the 2000 budget by 10 %. Youmans seconded. Burke
asked if there was something that Council can receive that would tell them what was
being spent and what was purchased. Farmer said that Council receives a finance
statement for each month. Burke said that it does not tell you what the money is spent
on. Farmer answered that Council is more than welcome to come into City Hall.
O'Brien said that she would like to see a summary attached to the fmance statement each
month. Sessions asked who decided to cut and what is cut? Farmer said that it is good to
reduce spending but you don't want to reduce services. Farmer said that he has set up a
committee that will have some answers in about 3 months. Farmer stated that the budget
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is an estimate but often time a Council does reduce the budget or put a freeze on hiring,
but you don't know the impact that this will have on services. Pearce said that the prior
Council adopted the 2000 budget and that it is balanced and that the millage rate was
reduced. Pearce said now is the time to start planning for the 2001 budget. Youmans
said that all the money that we did not have we just put in the budget and that the Mayor
sets committees and approved by Council. Sessions said that one idea is the way things
are purchased, and that she has some more information that she will share with Farmer.
O'Brien said that she was disappointed to see the financial responsibility so far down on
the list of goals but that is not a goal since that should be with you everyday. O'Brien
also said that there is merit in cutting the budget but that it should be done when the
budget is being proposed. Monaghan said that the timing is off, this should be done when
you are developing the budget. Vote by Council was 2 in favor (Burke and Youmans);
4 opposed (Sessions, Monaghan, O'Brien and Pearce).
Pearce asked Fanner if the employees needed another COLA so as to get them in
line with the year 2000. Fanner said that the salaries that are being paid now are
probably acceptable.
Pearce moved to adopt a Resolution designating 5th Avenue, south of Highway
80, as park and greenspace and using the $2000. grant to make a nature trail.
Monaghan seconded. After a lengthily discussion Council voted to adopt the resolution
with a 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and
Youmans)
Frankie Conway, Director of the Parking Service Department, presented Council
with a recommendation to purchase $80,000. worth of electronic parking meters.
All the pros and cons were discussed. O'Brien asked if this was a budgeted item. Farmer
answered no, it was not thought of at that time. Sessions said that Conway did a great job
on the survey, but she is concerned about the maintenance. Pearce said that maybe this
can be included in the 2001 budget.
Pearce moved to go ahead with the recommendation from H,G, B & DeY for
borrowing the money from the State Revolving Fund. Monaghan seconded. Vote by
Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed
(Youmans).
Fanner told Council that he has the additional information on the Gym/Pool.
Sessions passed out an information sheet. Parker asked that Farmer to go over all the
information and have a report ready for the March meeting.
Hughes stated that he does not want Council to sanction any committees that
Dr. Farmer has organized.
Farmer gave an update on the progress of the goals and where some of them stand
to date. This will be an agenda item at every meeting.
O'Brien moved to accept the change order for the Inlet Avenue Stormwater
pipe in the amount of $37,000 and to proceed with getting a reimbursement from
the CORPS or H, G, B & DeY. Pearce seconded. Vote by Council was 4 in favor
(Burke, Monaghan, O'Brien and Pearce); 2 opposed (Youmans and Sessions).
Pearce moved to adopt Section 2 -1 -11 Regular and Special Meeting on its
second reading. O'Brien seconded. Vote by Council was 4 in favor (Sessions,
Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans).
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Farmer said that he would like to remove Section 6 -1 -15 Delinquency; Cutoff
and Cut -on Fees because the new wording does not improve the meaning. O'Brien.
moved for no change to the ordinance. Sessions seconded. Vote by Council was 4 in
favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans)
Pearce moved to adopt Section 6 -1 -20 Adjustment for Water Leakage and
Special Circumstances on its second reading. Monaghan seconded. Vote by Council
was unanimous.
Farmer explained the wage scale /position classifications to Council stating the
options that they could adopt. Burke moved not to accept any of the options. Youmans
seconded. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (sessions,
Monaghan, O'Brien and Pearce). Monaghan moved to accept page 55 (copy attached
and becomes part of these minutes). O'Brien seconded. Burke asked if the table has
been implemented already. Farmer answered that page 54 has not changes. Burke said
he was talking about page 55. Farmer answered yes. Burke asked if the employees were
given an increase in pay? Farmer answered yes. Hughes told Council that Farmer can
not create a position that Council can control, referring to the senior administrative
assistant, being the assistant city clerk. Farmer said that according to the Charter that the
Council appoints the City Manager and the Clerk of Council not the assistant city clerk.
Youmans asked how Farmer can justify someone that does not come close to meeting the
job description that you wrote. Farmer said that he judged that she does meet the
qualifications. O'Brien amends the main motion to adopt page 55 and that it has no
adverse impact on the budget. Monaghan accepted the amendment. Vote by Council
was 4 in favor (Session, Monaghan, O'Brien and Pearce); 2 opposed (Burke and
Youmans).
Parker asked that Council consider having a workshop on the budget and finance
statement. Farmer suggested that Council meet at 6:30 P.M. on March 9th for this
workshop. Farmer asked if Council would give him their questions ahead of time so that
he can have the answers ready.
Parker asked Council if the concept of a Charter School on Tybee is acceptable.
Monaghan moved to go into closed session to discuss litigation and personnel
matters. Pearce seconded. Vote by Council was unanimous.
Mayor Parker reconvened the regular meeting. Pearce moved to grant a 2.5%
COLA to the City Manager and the Clerk of Council. Vote by Council was 5 in favor
(Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans).
Youmans moved to adjourn, as there was no further business to come before
Council. The meeting was adjourned at 11:03 P.M.
Clerk of Council
Mayor Walter W. Parker
FEB.07'2000 11:51 9122382767
KARSMAN,BROc:;5, & CALLOWAY P.C. *2090 P.002 /003
RESOLUTION
WHEREAS, the City of Tybee Island, owns an unopened portion of Fifth Avenue
south of US Highway 80; and
WHEREAS, the City is eligible for grants including grants to establish the
enhancement of natural habitat for song birds, for nature trails and the like and painted
bunting is an at risk song bird still relatively common on Tybee Island; and
WHEREAS, the area described below includes maritime forest and wax myrtle
shrub land, a prime habitat of the painted bunting as well as other song birds which
are found on Tybee Island; and
WHEREAS, the City has the authority under its charter to abandon, change or
close roadways, to regulate right of way areas, to provide for recreational and other
facilities for its citizens and to take other actions consistent with the purpose hereof.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council duly assembled
in open meeting that the unopened portion of Fifth Avenue from US Highway 80
proceeding in a generally southerly direction along its full right of way to the fullest
possible extent and specifically through and including 6th Street; all is more accurately
depicted on tax map number 4 -004 a copy of which is attached hereto, shall be
permanently closed in order to establish a nature trail in such right of way and it shall
be maintained in its natural vegetative state with the exception of the nature trail to
proceed along such right of way which trail shall be open to the public for observing,
walking and recreational uses.
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