HomeMy Public PortalAbout19991111CCMeeting1
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@ @ITEM 1999 -11 -11 City Council Minutes
Mayor Walter W. Parker called the meeting to order with the following members
of Council present: Ed Merves, Jack Youmans, Anne Monaghan, Donald E. Anderson,
Jr., Michael A. Hosti, and Mallory Pearce. City Attorney Hughes and City Manager
Farmer were also present.
The Reverend Lee Bennett gave the invocation. The Pledge of Allegiance was
recited.
Mayor Parker recognized Donny Dickerson who then presented Boy Scout troop
76 from Wilmington. Dickerson said that the boys wee attending the meeting in order to
finish up a merit badge. Mayor Parker then welcomed Councilmembers elect Shirley
Sessions and Pam O'Brien.
Mr. Phil O'Dell presented the City with a picture of the Old Tybee Theater.
O'Dell stated that he needed help in gathering information about the theater. O'Dell said
that the theater was built in 28 or 29 and was used by the military until 46. In the early
60's a Mr. Joe Caldwell had a sail making shop in the theater. O'Dell said that he has
pictures of the outside of the building but would like to know what it looked like inside
during its heyday. O'Dell also offered to rent Phil's Grill Parking area to the City for
$1.00 per year until the City has completed their own skate park. O'Dell said the reason
for the $1.00 is so that it will fall under the umbrella of the City's insurance.
Mr. Henry Levy, Chairman of the Planning Commission, spoke to Council about
the 2 members that were elected to serve on Council starting January 2000. Levy said
that there is nothing in writing saying they must resign, and if they vote on something as
a Planning Commission member, then they will abstain if it the same issue comes before
Council when they are sitting. Levy spoke concerning the detached duplexes ordinance
on the agenda and the petition for a minor subdivision being heard tonight. Levy that this
has been done as a matter of precedence and that a man was given a building permit and
he built the duplex in good faith. Levy said that this is a method to get single family
residences onto an R -2 lot. Levy told Council that the cetached duplexes could lead to
trouble and there is no good reason to have them.
Attorney Jonathan Yates presented Council will the petition to allow Airgate
Wireless to place the 3 antennas on the equator of the 2nd Street water tank. Yates said
that once installed and painted they are virtually unseen. Mr. Chad Payne said the panels
are 56 inches long and 8 inches wide, and are made not to grab as much wind as towers
on top. Payne stated that these panels are the lowest impact and the conduit is already in
place. This was done when they installed Triton's antennas. Payne also stated that they
have a letter from Hussey, Gay, Bell & DeYoung. Youmans asked how it will be
fastened to the tank. Payne answered it was welded and with maintenance it will not rust
but it does burn the inside reservoir. Youmans stated that he has been in the painting
business and if it is not cleaned and painted correctly then it will rust. Yates said that the
inside will be the final process. Parker asked what is the process for lowering the water
in the tank. Payne answered that they will work with George Reese. Parker asked for
how long will the water be lowered? Payne said about 12 hours and the process can be
applied under water.
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Mayor Parker proclaimed November 14th through November 20th as Peri Operative
Week. Mayor Parker presented Anne Monaghan with a Proclamation for Retired
Educators.
Youmans said that today is Veterans Day and the City was open whereas all other
governments were closed for the holiday. Youmans said that the veterans have not been
mentioned once since he has been on Council.
Mayor Parker opened, asked for comments, and closed the following public
hearings.
Ms. Brenda Watrous presented Council with a petition for a minor subdivision in
order to divide the detached duplex. Ms. Watrous said that she had no idea that anyone
was objecting to detached duplexes. Merves asked the footage that separates the
buildings. Watrous answered 10 feet. Monaghan said that the side setback goes into the
drainage ditch and is there a drainage plan. Byers answered that the City had a drainage
plan for this area about 3 years ago when Paul Jackson subdivided and that the concrete
pipe is not affected by the structure. Hosti said that it drains into the marsh. Byers
answered that Jackson has no objections. Hosti questioned if the duplexes are within the
setbacks required for the zone? Watrous answered that there is more than enough footage
in the setbacks. Levy said that the Planning Commission approved with a vote of 4 to 3.
Levy said that if this were 2 single - family residences that it would have a requirement of
20 feet separation between the structures. Hosti stated that Council has approved several
duplexes side by side and that these are much better.
Mr. Boswell of #3 13th Lane presented Council with his request for a variance on
non - conforming use and a variance for setbacks. Boswell said that the home was built in
1979 and was rezoned to R -2 in 1991 and that the structures in now 28 inches in violation
of the setback. Boswell said that this would be squaring up the house and that there are
no objections from the neighbors. Levy agreed that this is only squaring up the house
and that the Planning Commission vote in favor 6 — 0.
Mr. Frank Koncul presented his project for special review on the 3 townhouses at
102 Butler Avenue. Merves said that he has seen the drawing with the 3 different styles
of construction. Monaghan said it looked like 4 to her. Koncul said that he is not sure
which 3 he will decide on. Monaghan said under the special review ordinance you must
submit plans, elevation, and architectural renderings. Byers said that the floor plans were
presented to the Planning Commission and someone walked off with them. Monaghan
asked if Koncul has mitigated for the trees from Lullwater and if so where are the trees
planted? Parker stated that the mitigation is a separate issue. Farmer answered that
Koncul has given the City a check for $500. With the understanding that the trees will be
placed somewhere in the City. The trees will be planted the site of Koncul's new project.
Youmans said that this is mostly a duplication of the site plan review and that nobody
should be required to pay for full set of plans until project is accepted by Council.
Merves said that the City needs to reword the special review section of the ordinance
because the wording is not quite clear. Hosti said that none of Council are architects and
we shouldn't be telling how the structures should be built. Koncul said that he has met
all the requirements. Levy said that the Planning Commission voted 6 to 1 in favor of the
project.
City Attorney Hughes explained the zoning text amendment for LDC Section 8 -2-
10(42)(b) Dwelling, Two Family or Duplexes stating that this ordinance will give a
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definition for the detached duplexes. Pearce said that this ordinance is based on the
Horsepen Creek Cottages and the ordinances have not changed. Levy stated that
detached duplexes are not allowed under the current ordinance and you need to instruct
your building permits department not to issue a permit that is not covered in the
ordinances. Levy said that the Planning Commission voted 7 — 0 against the ordinance.
City Attorney Hughes also explained the zoning text amendment for LDC Section
8 -3 -090 Schedule of Development — Detached Duplexes. Hughes said that the left the
required lot size and the setbacks blank in order for Council to establish what they want
in the ordinance. Hosti said that they is less density because of the detached duplexes
taking up less building area. Levy answered that it takes up the same amount of space.
Youmans said that with the 1st group of detached duplexes that Council got information
from somewhere and that they talked with City Attorney and the duplexes were o.k.
Youmans said they are being built all over the world. Farmer said that if you allow, then
each side should be sprinkled. Parker said we could require a larger lot size. Merves said
9,000 square feet with the separation of 20 feet the same as single family. Youmans said
that as long as they fit in the setbacks, there is no difference between regular duplexes or
detached duplexes. Parker said the space between makes the difference. Merves asked
how far apart. Youmans said that he has fought fire 4 foot from the next building. Byers
stated that the sprinkler requirements are covered in the code already.
The 2000 budget was discussed because this requires an ordinance passed by
Council you must have 2 readings to adopt. Youmans said that he has already supplied
Council with his suggestions concerning the budget.
Mayor Parker opened the meeting for business legally presented. Hosti moved
for approval of Airgate Wireless for antennas on the equator of the 2°d Street water
tank. Youmans seconded with the amendment of the motion to state that all revenue
goes towards the Gym fund. Hosti accepted the amendment. Hughes said that the lease
would be the same as all the others - adding the clause to hold them responsible for any
damage to the tank. Vote by Council was unanimous.
Youmans moved to approve the minor subdivision of a detached duplex for
Brenda Watrous at 216 A & B Eagles Nest Lane PIN 4- 19 -2 -34. Anderson seconded.
Vote by Council was 4 in favor (Merves, Youmans, Anderson and Hosti); 2 opposed
(Monaghan and Pearce).
Merves moved to approve the request from Boswell for a variance of non-
conforming use and the setback variance at #3 13th Lane PIN 4- 7 -6 -4A. Anderson
seconded. Vote by Council was unanimous.
Youmans moved to accept the special review for Frank Koncul's' petition for
3 townhouses at 102 Butler Avenue PIN 4- 4 -3 -1. Anderson seconded. Vote by
Council was 5 in favor (Merves, Youmans, Anderson, Hosti and Pearce); 1 opposed
(Monaghan).
Pearce moved to adopt LDC Section 8 -3 -090 Schedule of Development —
Detached Duplexes for 9,000 square feet with a 20 -foot separation between
structures on first reading. Monaghan seconded. Vote by Council was 3 in favor
(Merves, Monaghan, and Pearce); 3 opposed (Youmans, Anderson, and Hosti). Mayor
Parker broke the tie by voting in favor of the motion.
Merves moved to approve LDC Section 8- 2- 10(42)(B) Definitions Detached
Duplexes on its first reading. Youmans seconded. Vote by Council was unanimous.
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Pearce moved to approve the October 28th minutes. Hosti seconded. Monaghan
said that change $3,000 to $5,000 for drainage project on Oceanview Court and no
increases in taxes or water sewer rates if this 2000 budget is adopted.
Former Mayor Pat Locklear had presented Council with a letter concerning his
two water bills. Monaghan asked if Locklear had spoken with the City Manager.
Farmer answered no. Parker said that Locklear should talk with city manager before
coming to Council.
Youmans stated that he has a newspaper from somewhere in Florida concerning
the cost of a swimming pool and the maintenance of the pool. Cost to build pool is
$1.2 million with $250,000 for the yearly maintenance. Youmans said that he knows the
City pool would not be as big but that $30,000 a year would not touch the maintenance.
Farmer presented Council with a new job classification scale along with the
present wage scale. The rate of pay goes with the job description. Youmans asked how
Farmer determined that the budget would not increase. Hosti asked who decides what the
range will be for each position? Farmer answered that Council adopted the present
classification and pay scales. Hosti said that the only control Council has is over the City
Manager salary. Merves said that Farmer told Council that he was not requesting any
new positions except 1 for Public Works and 1 for Water Sewer in the 2000 budget but
he is hearing about new position in Administration. Merves said that you only add
position if you are considering hiring new personnel to fill those positions. Farmer said
they are there for promotions. Merves said that there is nothing to stop City manager if
he decides to hire. Farmer said there is the budget. Pearce moved to approve the new
classifications. Monaghan seconded. Vote by Council was 2 in favor (Monaghan and
Pearce); 4 opposed (Merves, Youmans, Anderson and Hosti).
Farmer said that we have some data on Memorial Park but not a full survey. He
said he had asked for 3 bids for the survey work, and received one so far. It would cost
between $7,000 to $9,000 for a full survey and a master plan of the park and this may not
be needed to accomplish what you are trying to do now. At some point City Council will
have to decide on a survey, but not necessarily at this time. Farmer said that at some
point the Council has to decide where they want to locate the building. On display on the
easel is the concept that you approved at the August Council meeting. Youmans asked if
we will be sending our kids to play ball on Wilmington if we give up the Butler Avenue
ball diamond, which is there now. Merves said that there are two fields at J.C. Park and
only one is used for games. . Pearce said that he has some reservations about losing the
oak trees and adding 45 parking spaces. Youmans said to move the oak trees closer to
the sidewalk. Merves stated that he does not think we need a survey at this time but he
would like to move ahead on the gym and pool project. Hughes said last meeting's
presentation was a design/ build concept, which is the type of agreement that would
obligate us. If there were any changes along the way the City would have to foot the bill.
He suggested Council award the design phase if they are comfortable with it. Merves
provided a written motion about location and proceeding with the project, second by
Pearce, and later withdrawn, with the remark "but no foot dragging ". Merves moved
that the location of the new Gymnasium and Pool be in Memorial Park, immediately
east of the old school building, essentially reflecting the design concept provided by
Diversified Design. Pearce seconded. Vote by Council was 4 in favor (Merves,
Monaghan, Hosti and Pearce); 2 opposed (Youmans and Anderson). Youmans asked if
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we have gotten anything for our $3000. Bill Farmer said we have received certain
specifications (last month), a proposed contract, and a site plan (in tonight's package) at
no cost. Jack Youmans said City Council needs the minutes from the committee
meetings, and asked if they are here. Bill Farmer said no, not in the form of minutes but
as lists of items. He added that the architect's fee will be $37,610. and when this is spent,
the design should be complete, in final form, ready for construction. Pearce moved to
authorize Hughes to proceed with design contract with Diversified Design not to exceed
$37,610. Merves seconded. Youmans asked Henry Levy his opinion, as Chairman of the
Planning Commission and a professional architect. Levy said that you must decide what
you want, then someone can proceed. He offered himself and Whitley Reynolds to meet
with Bill Farmer and educate him about construction projects. Parker stated we need to
be educated on this issue. Pearce amended his motion to authorize the City Attorney
to start negotiations, that Farmer is to meet with Levy, and then to proceed to take
steps for the design. Merves seconded. Hughes recommended leaving out the dollar
amount, and the change was accepted by consensus. Bill Farmer asked clarification that
the object is the final specifications and plans. Mallory Pearce explained that the idea of
his motion is for Bill to come back for finalization of the contract with $37,610 the upper
limit. Vote by Council was 4 in favor (Merves, Monaghan, Anderson and Pearce); 1
opposed (Youmans). Hosti was out of the room for the vote.
Anderson moved to approve the contract with APEC in the amount of
$52,059.59 with DOT paying $13,915 towards the paving. Pearce seconded.
Youmans asked Farmer if the money is in the budget. Farmer answered yes. Vote by
Council was unanimous.
Pearce moved to adopt the Resolution for Ethics in Government with the
seven principles. Monaghan seconded. Hughes said that this is the first step. Parker
said that the ordinance would not be adopted until next year. Vote by Council was 5 in
favor (Merves, Youmans, Monaghan, Anderson, and Pearce); 1 opposed (Hosti).
Mallory Pearce moved that the budget be accepted as presented. Anne
Monaghan seconded. Under discussion Ed Merves offered an amendment taking
$100,000 from Contingency and using these dollars for the gym complex. Jack
Youmans said Contingency shouldn't have much money in it, because then we spend
dollars for things we shouldn't during the year. The amendment passed by a vote of 4
(Merves, Youmans, Hosti, and Anderson) — 2 with Anne Monaghan and Mallory Pearce
casting the dissenting votes.
Jack Youmans said he'd like to go through the entire budget, line item by line
item. Dee Anderson brought up the question of relocating the lifeguards, moving that
this project be struck from the budget. The vote was 3 in favor, Anderson, Youmans,
Hosti and 3 against the motion, Monaghan, Pearce, Merves. Mayor Parker broke the tie
by voting against the motion and the motion failed by a vote of 4 to 3. The lifeguard
station relocation funds remain in the budget.
Ed Merves moved acceptance of his plan to lower the increase in salaries and
wages from 5% to 3.5 %. Michael Hosti seconded. A handout comparing the
difference, line item by line item was offered. The difference between the two
percentages is approximately $35,000. Jack Youmans said police salaries might need
increasing, but not all salaries. Voting for the motion were Youmans, Merves and
Hosti. Voting against the budget change were Anderson, Monaghan and Pearce.
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Mayor Parker joined the latter vote and the budget stands as presented. Youmans
said the Tybee police are the lowest paid in the county and there was a call for a study.
Jack Youmans moved to change the Marine Science Center grant from $40,000
to $20,000. The vote was 3 (Youmans, Anderson, and Hosti) to 3 (Merves, Monaghan,
and Pearce. Mayor Parker broke the tie by voting for the motion and the budget
amount was reduced to $20,000.
Youmans moved that the Tybee Historical Society grant be lowered from
$25,000 to $21,000. Voting for the motion were Youmans, Hosti and Anderson. Voting
against the motion were Merves, Monaghan and Pearce. Mayor Parker voted against
the motion, and the grant stands at $25,000.
Jack Youmans moved that the Beautification Committee grant be lowered from
$6,000 to $3,000. The vote was 3 in favor (Youmans, Anderson, and Hosti) and 3
against (Pearce, Monaghan and Merves). Mayor Parker voted against the motion and
the budgeted amount stands at $6,000.
Jack Youmans moved that the Arts Association be changed back to the 1999
figure of $3000. Ed Merves said that these organizations are manned by lots of
community residents, and the few dollars the city allocates wouldn't pay any one of them
for a small portion of their time. The vote was 3 for the motion (Youmans, Anderson,
and Hosti) and 3 against (Merves, Monaghan and Pearce). Mayor Parker voted with the
latter, and the motion failed. The FY 2000 allocation stands as presented.
Mallory Pearce moved that the budget be accepted as presented, with the
changes accepted by Council, and Anne Monaghan seconded. The vote was 3
(Youmans, Anderson, and Hosti) to 3 (Pearce, Monaghan, and Merves). Mayor Parker
voted for the motion and the budget for FY 2000 was accepted on First Reading.
City Attorney Hughes requested Council to have an advertised Public Hearing on
the entire LDC so that no loose ends will carry over into the year 2000. Hughes said in
order to do this a Special Council meeting would have to be held. Council agreed on the
public hearing and also the special meeting to be held on December 10 at 7 P.M. No
other item will be on the agenda for December 10`h. Youmans said that the zoning map
needs correcting because of the annexation of Lazaretto. Hughes will advertise.
As there was 110 further business to come before Council Mayor Parker adjourned
the meeting.
Clerk of Council
Mayor Walter W. Parker
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P R O C L A M A T I O N
Nursing periOperative Arena
WHEREAS: Surgery in today's environment of balanced budgets and
manages care, requires technical skill and knowledge; and
WHEREAS: The Registered periOperative Nurse must set priorities,
balancing the expected outcomes of efficiency and
effectiveness while providing care for the patient that
demonstrates caring and compassion; and
WHEREAS: Universally, the patient undergoing surgery, looks to the
periOperative nurse to act as their advocate for the mental,
spiritual, and physical aspects of their life during this
stressful and critical time; and
WHEREAS: PeriOperative nurses are recognized as "Making a World
of Difference" for their patients,
NOW, THEREFORE, I, Walter W. Parker, Mayor of the City of Tybee Island,
Georgia, do hereby proclaim November 14th through November 29th, 1999 as
"PeriOperative Nurse Week"
in Tybee Island, dedicated to the recognition of the community's
Registered Nurses who practice in the PeriOperative Arena.
This 11th day of November, 1999.
Clerk of Council
Mayor
' A PROCLAMATION
Retired Educators Day,
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Whereas, Over 43,000 retired educators have devoted their
time, energies and talents to public education, providing the educational
development of millions of outstanding Georgia citizens; and
Whereas, Retired educators continue to be a major source of
insight and direction for our state and our nation; possessing valuable
knowledge and using their lifetime experience and skills to enrich their
communities in a variety of settings; and
Whereas, our small community has more than twenty -eight
retired educators living among us living here on Tybee Island; and
Whereas, for over four decades, the Georgia Retired
Educators Association has dedicated its efforts toward improving the
welfare of retired educators and has provided opportunities for them to
become involved in community activities; and
It is indeed appropriate to express our gratitude and
appreciation for the outstanding service provided by the retired
educators of Georgia; now
Therefore, 1, Walter W. Parker, Mayor of the City of Tybee
Island, Georgia, in harmonious agreement with the Tybee Island City
Council and the Governor of Georgia, do proudly proclaim November
14, 1999, as RETIRED EDUCATORS DAY IN GEORGIA and do hereby urge our
citizens to recognize the lasting contributions our state's retired educators
make to the educational development of children, and through countless
other services to our island community.
This , of iNrcve,Y,tce,- . 1999.
Mayor
Clerk of Counci
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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
RESOLUTION
City Manager
Bill Farmer
Assistant City Manager
Rowena B. Fripp
Clerk of Council
Jacquelyn R. Brown
City Attorney
Edward M. Hughes
The City Council of Tybee Island hereby adopts by Resolution the ethical
principles reflected on the attachments hereto, and the Mayor and City Council
members hereby pledge to govern their conduct by these principles, as
acknowledged by the below signatures.
Adopted on the day of ,1999.
Jackie Brown, Clerk of Council Walter W. Parker, Mayor
Signatures:
Walter W. Parker
Donald E. Anderson
Michael A. Hosti
Edward Merves
Anne P. Monaghan
Mallory Pearce
Jack Youmans
P. 0. Box 2 749 - 403 Butler Avenue. Tybe- Island. Georgia 31328 -2749
(912) 786 -4573 - FAX (912) 786 -5737
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PART I - ETHICS PRINCIPLES
AS TRUSTEES FOR THE CITIZENS OF THE CITY OF
'1'HL MAYOR AND COUNCIL PLEDGE TO GOVERN THEIR CONDUCT
BY 'l IIE FOLLOWING PRINCIPLES:
I. SERVE OTHERS, NOT OURSELVES
II. USE RESOURCES WITH EFFICIENCY AND ECONOMY
III. TREAT ALL PEOPLE FAIRLY
IV. USE THE POWER OF OUR POSITION FOR THE WELL BEING OF
OUR CONSTITUENTS
V. CREATE AN ENVIRONMENT OF HONESTY, OPENNESS AND
INTEGRITY