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@ @ITEM 1999 -10 -28 City Council Minutes
Mayor Walter W. Parker called the October 28th, 1999 City Council meeting to
order at 7:30 P.M. with the following members of Council present: Ed Merves, Jack
Youmans, Anne Monaghan, Donald E. Anderson, Michael A. Hosti and Mallory Pearce.
City Manager Farmer and City Attorney Hughes were also present.
Alice Martin gave the invocation and the Pledge of Allegiance was recited by all.
Mayor Parker recognized all the candidates present: George Chandler, Paul Mazo,
Don Agnew, Whitley Reynolds, Richard Darden, Jack Youmans, Anne Monaghan, Spec
Hosti and Mallory Pearce.
Mary Edgerly Pitts gave Council handouts concerning her water bill and
explained the history of her complaint about the bill being so high. Ms. Pitts was advised
to come and meet with the City Manager on Friday, October 29.
Sue Brockway of the Marine Science Center requested that Council relocate the
lifeguards. Brockway said that the MSC is growing and has outgrown the space available
to them and are looking to expand. Brockway stated that the lifeguards only use their
portion 4 months out of the year. Brockway said that MSC could use the space for
additional classroom, gift shop and exhibit area. There are legal ramifications because a
Land and Water grant was received in order to construct the building and it is easier to
justify with the housing of the lifeguards in the building. Mayor Parker said that he will
contact the DNR again. Hosti asked where are we to put the lifeguards? Kathryn
Williams said to move Parking Services to City Hall, Police Station or the school and put
the lifeguards in that building.
Jeff Cramer, Diversified Design P.C., stated that they are ready to finalize the
plans for the gym and aquatic center. Alice Martin questioned the green space. Cramer
said that he was going to do a Master Plan of Memorial Park. Farmer answered that the
Y has a rough sketch of a Master Plan for the park, but that was not in the scope of work
and he understood that the City was responsible for survey and topo work. Kathryn
Williams asked if the old restrooms were to be removed? Whitley Reynolds stated that
the City really needs a Master Plan with topography and infrastructure. Ms. Hefferman
asked if the gym will be over the pool?
Richard Darden stated his concern about Jones Avenue traffic and speed and is in
favor of stop signs.
Mayor Parker opened the meeting for business legally presented. Hosti moved to
accept the October 14, 1999 council minutes with the two corrections 1. The vote needs
to be noted on the motion by Pearce concerning the Hogan Rusher agreement. It was
unanimous. 2. Section 3 -1 -7 Credit Card Usage - a discussion was held on entertaining
dignitaries and Hughes was advised by Council to rewrite the ordinance to state that the
purchase of alcohol is permissible when otherwise authorized. Anderson seconded. Vote
by Council was unanimous.
Monaghan motioned to not approve the GMA Georgia Cities Foundation pledge.
Anderson seconded. Youmans stated that this is a fund that will be used for grants and
loans and that Tybee does not have any downtown problems. Merves said that he sees no
reason for any Council action. Council vote was 4 in favor of the motion to disapprove
any pledge (Monaghan, Anderson, Hosti and Pearce; 2 opposed to any action (Merves
and Youmans).
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Hosti moved to accept the design of the memorial bench that the Kuhlman will
place at the curve at Highway 80 and Butler Avenue. Anderson seconded. Vote by
Council was unanimous.
Hosti led a discussion on the drainage problems at Lullwater and Lighthouse
Lane.
Farmer informed Council that the bids on the drainage for Lullwater and 1st Street
are in their packets. Council accepted the lowest bid rendered by I Am Construction in
the amount of $75,224.20 contingent upon an approval from the engineers and approval
to have an easement across a property owner's land.
Hosti moved to defer any action on the year 2000 Budget resolution at this time.
Youmans seconded. Merves asked if there was any need to raise taxes or to increase the
water /sewer rates to meet the budget? Farmer said no raise necessary Merves moved to
suspend the position of Assistant City Manager when Rowena Fripp retires. Hughes said
that Council can either not appropriate funds for the position but to eliminate the position
is the best way. Hosti questioned Patricia Pagan's salary? Merves said that the budget
does not allow for any new position other than water sewer and public works? Youmans
asked if that is all? Farmer answered said no other positions were included in the budget
for any other department. Hosti asked if there have been any adjustments on the
computer costs? Farmer said that the payments for the Tybee Island Police Department,
the City Hall Finance software and GIS which RDC said that they will help us. Merves
asked about the 5% increase across all the salary line items? Farmer answered 2 ' /2% for
COLA and 2 1/2% for merits. Merves questioned if there were specific departments with
salary deficiencies? Youmans said that there are an awful lot of promotions with big
raises and he requested at the last Council meeting to have money in the budget to bring
our police department up to nearby rates. Farmer answered that DCA put out rates
around the state and he uses that as a basis to make adjustments to the step and grade plan
that Council will be asked to adopt. Hosti stated that one employee at City Hall has had
rate increases from $7 per hour to $10 per hour, in a year more than Police Department
and that the schedule was lopsided in the beginning. Mayor asked that Council wait for
figures. Anderson questioned why the $60,000 for lifeguards relocation and the $10,000
for school modification is still in the budget as it was moved to remove at the last
meeting. Youmans said that the Lighthouse, MSC, Beautification and Yeepies have all
increased in this budget proposal. Vote by Council was 3 in favor to defer (Youmans,
Anderson and Hosti); 3 opposed (Merves, Monaghan and Pearce). Mayor broke the tie
by voting in favor to defer. At this time, further discussion continued on the design/build
concept for the gym/pool and the need for a Master Plan for Memorial Park. Angela
Byers stated that she thought that some time during the Olympic Beautification
Committee a Master Plan was designed. It was requested someone from the committee be
contacted to see if they had any plans. Mr. Hughes stated that he was not comfortable
with the design/build concept and was not sure that it was legal. His understanding was
that the $3000 approved for Mr. Kramer was to include a master plan. Bill Farmer stated
that the $3000 was to pay him for paperwork to get to the point that we are now. The city
would need to spend money for master plan. Michael Hosti motioned to see if a copy of a
survey of the area could be located and if not to have the park surveyed. Ed Merves
seconded stating that once the survey was conducted, Mr. Kramer could place the
proposed structure on the survey so that it could be studied. Vote was unanimous.
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Airgate Wireless discussion was postponed.
Mayor Parker stated that we need to look at Oceanview Court drainage and the
fact that it will cost more than the $5000 appropriated. Bill Farmer stated that the cost
would be between $20,000 - $30,000 to solve all of the problems. The developer could be
made to pay for the entire cost. The city could contribute the appropriated funds. Jack
Youmans stated that the drainage still has to be put in regardless of whether the
development takes place or not. These people have a problem. Monaghan moved that the
City Manager go ahead with bids for the first five priorities on the list and to add
numbers 22 & 23, Jones Avenue at Seyden property and Jones Avenue at Turberville
residence. Angela Byers was asked to explain the problem with Jones Avenue. It was
explained that part of the problem was over the years the street had been resurfaced and
not milled down and the crown of the street changed the flow of water. The drainage
ditches have been filled in over the years and there is no where for the water to go. The
water is flowing back into the yards. These are not the only areas on Jones Avenue that
have problems. 9th and 10th Street have major problems also because of the resurfacing.
Voting in favor of the motion were Monaghan, Pearce, and Merves. Voting against,
Youmans, Anderson and Hosti. Mayor Parker broke the tie by voting in favor of the
motion.
Mr. Farmer stated that the bids for the drainage for Luliwater and 1St Street have
been received and I AM Construction was the low bidder at $75,000. The 1St street
project is for the Beach Renourishment and the Lullwater drainage was authorized by
Council. Jack Youmans questioned whether a few years ago $89,000 was spent on the
curve for drainage at 1st Street. It was stated that it was, but this was needed for one catch
basin that still runs on the beach. Bubba Hughes asked if we have heard from City
engineer on this. Bill Farmer stated no. Jack Youmans asked why didn't we wait until we
hear from engineers on the awarding of the bid. Bubba Hughes asked if the bid is based
on the easement that we do not have at present time. It was stated that there were
discussions being held on the easement and Mr. Dabbitt was asking a high amount for the
easement. Mr. Hughes was in discussion with his attorney. Motion to approve contingent
upon Engineer by Pearce, seconded by Monaghan. Voting in favor were Monaghan,
Pearce and Merves. Voting against were Hosti, Youmans and Anderson. Mayor Parker
broke the tie by voting in favor.
Mr. Farmer then explained to Council the letter that was proposed to be sent to the
C -2 property owners and the survey form attached. Jack Youmans stated that this was to
be a letter only stating that the city was looking at the setbacks and no survey was to be
included. Merves stated that a Public Hearing needed to be held to identify who had a
problem. Angela Byers stated that the procedure should start with an invitation to the C -2
property owners to attend a public forum so that the City can get some idea of where the
residents want to go with this, then identify the individual properties and the current uses,
dimensions, and conformity to current ordinance, set up a committee and go from there
with proposals and Public Hearings. Ed Merves motioned to send a notice to C -2 owners
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of a public forum with the date and time to be determined by the Mayor with the okay of
at least 4 councilmembers. Seconded by Jack Youmans. Vote was unanimous.
Pearce motioned to approve 3 -050 on second reading, seconded by Monaghan,
vote was 5 -1 with Youmans opposing.
Pearce motioned to approve 10 -1 -5, seconded by Monaghan. Vote was 4 -2 with
Youmans and Anderson opposing.
Pearce motioned to have 4 way stops at 6th Street and Jones Avenue and 12th
Street and Jones Avenue. Monaghan seconded. Youmans stated why not 6th Street and
Jones and 9th Street and Jones. Vote was 4 -2 with Youmans and Anderson opposing.
Motion to approve 3 -1 -7 by Pearce, seconded by Monaghan. Vote 4 -2 with Hosti
and Youmans opposing.
Pearce motioned to go into closed session to discuss litigation, seconded by
Anderson.
Meeting was reconvened and a short discussion was held on Halloween. Council
instructed Mr. Farmer to have a notice posted on the Marquee that Trick or Treat would
be observed on Saturday, October 30.
There being no further business, the meeting was adjourned.
Clerk of Council
Mayor Walter W. Parker
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer,
duly authorized to administer oaths, 1iV4-ife4, e4ei Keti
, who
after being duly sworn, deposes and on oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island
City Council held on the -11-is day of 09Cto �e-t- , 1999.
(2) That it is my understanding that O.C.G.A. S 50- 14 -4(b)
provides as follows:
When any meeting of an agency is closed to the public
pursuant to subsection (a) of this Code section, the
chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the
meeting a notarized affidavit stating under oath that the
subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions
provided by law and identifying the specific relevant
exception.
(3) The subject matter of the closed meeting or closed portion of
the meeting held on the ;-% of 00-64P,2--- , /1999, which was
closed for the purpose (s) of /t t firiiv -✓ ,DOsvfr7 %- 't`40e 7'
as allowed by
O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
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(4) Any unrelated matters which were mentioned or attempted to be
offered for discussion during the closed portion of the
meeting were ruled out of order and not discussed.
(5) This affidavit is being executed for the purpose of complying
with the mandate of O.C.G.A. S 50- 14 -4(b) that such an
affidavit be executed.
This 2- C( day of k'fa 1, , 1999.
Sworn to and subscribed
before me this 44 day
of Q, , 1999.
Nota y Publi pod/
ANGELA R. BYERS
Nov, Mtge, Mat= County, GA
Ny Committiod Willa Jimmy 4. "' 'g
`Mayor /Presiding Officer
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
e-d o,v c-/ c Al a- .dD/)
is -,1 -97
CITY OF TYBEE ISLAND
October 21, 1999
To: Mayor & City Council
From: Bill Farmer
City Manager
Subject: Drainage Contract Bid Results & Contract Award
At 11:00 AM the City's Engineers conducted a bid opening for a joint
drainage project of Lullwater Court and 1St Street. The results were as follows:
City Manager
Bill Farmer
Assistant City Manager
Rowena B. Fripp
Clerk of Council
Jacquelyn R. Brown
City Attorney
Edward M. Hughes
Thomas Griffin Construction, Inc.
Poppell -Eller, Inc.
IAM Construction Co.
Andrews Mechanical & Sprinkler Co., Inc.
Claco, Inc.
$ 284,680.00
$ 168,934.35
$ 75,224.20
$ 109,945.35
$ 194,111.58
The City's Engineers are reviewing the bids in more detail to assure
conformance with all requirements, and their recommendation should be available
by the City Council meeting on October 28th so that a contract can be awarded.
The costs for these two projects will be charged to Account 308129.9100 and
308429.9040.
The low bidder indicated that his "per unit prices" can be applied to other
drainage projects in the City if the work is authorized in a timely manner.
P. 0. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749
(912) 786 -4573 - FAX (912) 786 -5737
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03-050
ORDINANCE NO.
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 8 Land Developement Code,
Article 3, Section(s) 050 Obstruction to Vision at Street Intersections, be amended to read as
follows:
Section 1 Section 3-050 is he y amended to read as f•,n,•�
3-050 OBSTRUCTION TO VISION AT STREET INTERSECTIONS
Intersection requirements are intended to ensure better vehicle safety on the public roads of the city.
A clear sight triangle gives motorists a view of other oncoming motorists when approaching a road
intersection.
On corner lots within all zoning districts, no fence, shrubbery, opr other obstruction to the
traffic sight vision, utility poles, light poles, or sign standards, shall exceed a height of three (3)
feet within a triangular area formed by the intersection of the right-ofway lines of two (2) streets
and a diagonal line which intersects the right -of -way lines at two (2) points, each twenty five (25)
feet from the intersection of the right -of -way lines. In the case of a rounded corner, twenty-five
(25) feet from the point of intersection of their tangents, provided however,
signs, lights, or similar objects which are located at least twelve (12) feet above the finished grade
shall be permitted.
See illustrations (next page) for a visual clarification.
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
Mayor Walter W. Parker
Jacquelyn R. Brown, Clerk of Council
1st Reading:
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Section 10 -1 -5 (a)
ORDINANCE NO. 1999-36
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 10 Motor Vehicle and
traffic, Chapter 1 General traffic Regulations, Section 5 (a) Through Streets; Designated,
be amended to read as follows:
Section 1. Section 10 -1 -5 is hereby amended to read as follows
10 -1 -5 THROUGH STREETS; DESIGNATED
(a)The following streets in the city are hereby designated as through streets, and all vehicles are
required to stop before entering or crossing the same:
( 1) Butler Avenue from First street through Nineteenth Street.
( 2) Jones Avenue from Second Street through Seventeenth Street.
( 3) Venetian Drive form Twelfth Street through Fourteenth Street.
( 4) Chatham Avenue from Fourteenth Street to Seventeenth Street.
( 5) Chatham Avenue from Seventeenth Street through Nineteenth Street.
( 6) First Street from Butler Avenue to the city limits on U. S. Highway 80.
( 7) Lovell Avenue from Second Street to Fourth Street.
( 8) Second Avenue from Second Street to Fourth Street.
( 9) Lovell Avenue from Fifth Street to Inlet Avenue.
(10) Second Avenue from Fifth Street to Seventeenth Street.
(11) Sixteenth Street from Jones Avenue to Chatham Avenue.
(12) The Strand from Sixteenth Street to Eighteenth Street.
(13) Twelfth Street from Venetian Drive to Jones Avenue.
(14) Thirteenth Street from Venetian Drive to Jones Avenue.
(15) Fourteenth Street from Chatham Avenue to Jones Avenue.
(16) Van Horn Street from First Street to its northernmost point past and including
Pulaski Street.
(17) Campbell Avenue from First Street to Van Hom Street.
(18) Meddin Drive from Van Hom Street to Taylor Street.
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Section 10 -1 -5 (a)
(19) Taylor Street from Van Horn Street to Meddin Street.
(b) No person shall operate or drive any vehicle across or into any street
designated as a through street by this section or any other ordinance of
the city from a street intersecting that through street without first
bringing the vehicle to a complete stop; provided, however, that this
section shall not apply to intersections where traffic is being directed by
an officer of the police department or where traffic is directed by a
traffic control device or sign, in both of which cases the traffic officer or
control device shall be obeyed.(Code 1970, Sec. 19 -6)
Any ordinances in conflict herewith are repealed to the extent of the conflict and
this Ordinance shall have application to any violation of the Tybee Island Code of
Ordinance of the City of Tybee Island, Georgia.
Adopted this 28th day of October, 1999
Mayor Walter W. Parker
City Clerk
1st Reading: 10/14/99
2nd Reading: 10/28/99
Enacted: 10/28/99
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Section 3 -1 -7 Credit Card Usage
ORDINANCE NO. rggq -37
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 3 Finance and
Taxation, Chapter 1 Financial Administration, Section 7 Credit Card Usage, be amended
by the addition paragraph (a) and (b) to read as follows:
(a) Any elected official, employee, or agent of the city using a City credit card or otherwise
making charges on the City's account shall only be entitled to use such credit card or charge to
the account of the City goods or services directly involving the City's affairs or business. No
official, employee, or agent using a credit card or the City's credit card shall charge personal
items or services thereto notwithstanding an intention to reimburse the City or to make payment
direct to the provider.
(b) Except as otherwise authorized or expressly permitted, City credit cards or accounts shall not
be used for the purchase of beverage containing alcohol.
Any ordinances in conflict herewith are repealed to the extent of the conflict and
this Ordinance shall have application to any violation of the Tybee Island Code of
Ordinance of the City of Tybee Island, Georgia.
Adopted this 28th day of October, 1999
Mayor Walter W. Parker
City Clerk
1st Reading: 10/14/99
2nd Reading: 10/28/99
Enacted: 10/28/99
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"I do solemnly affirm that I will faithfully and impartially perform the duties of a
Planning Commission member for the City of Tybee Island and that I will support and
defend the Charter of said city, the Code of Ordinances, the by -laws created by the
Planning Commission, as well as the Constitution and laws of the State of Georgia and of
the United States of America."
Don Agnew
Marianne Brouillette
Mary Ingalls
Debbie Kearney
Henry Levy
Pam O'Brien
Whitley Reynolds
Shirley Sessions
Judy Winfrey
This 3rd day of August, 1999.
Mayor Walter W. Parker