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HomeMy Public PortalAbout20030213CCMeeting1 @ @I "IEM 2003 -02 -13 City Council Minutes Mayor Walter W. Parker called the February 13, 2003 Council meeting to order at 7 P.M. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman, and Richard Barrow. City Attorney Edward Hughes and City Manager Bob Thomson were also present. Mayor Parker asked Rev. Edie Atkins of All Saints Church to give the invocation. The Pledge of Allegiance was recited. Mayor Parker called on the first visitor, George Jackson, to speak. Mr. Jackson spoke on his proposal to renovate the North Beach Grill. He said he had occupied this spot for 10 years and it had become very dear to his heart. According to Mr. Jackson, the building is in disrepair and cannot be band aided. He plans to use the same footprint and square feet. He has plans and survey, and wants the Grill to be a focal point, along with the Lighthouse. This will be approximately a 4 -month project. Mayor Parker asked about the length of the lease, Jackson said about 4 1/2 years. The plans call a beach style, deck at front and back, walkway, boardwalk and landscaping. Jackson said he will also have a handicap lift, and stairs on both sides. Barrow asked about end of lease, Jackson said he has an option. Jackson said the cost of the project is $300,000. Bill Lovett, of Hussey, Gay, Bell and DeYoung, gave a brief update regarding the Park of 7 Flags. Lovett said that the contractors should be back on the job next week. The first phase should be completed in 60 days. Because of the downsize, there will be fewer benches and will need some guidance regarding parking South of Chu's. Mr. Lovett introduced his associate, Frank Pennington, who gave a brief update of the gym. Pennington said there would be 10,000 to 11,000 square feet, with a cost of about $100.00 per square foot. This would equal 1.1 or 1.2 million dollars. Pennington passed around to Council 3 different site plans, showing different entrances and parking. Reynolds asked how many parking spaces would be needed. Don't know yet, depends on regulation requirements. Betty McClendon asked about drainage priority on Oceanview Court. Parker advised Mrs. McClendon that this *as not the time to discuss that issue, and Burke said that the money had been set aside especially for the gym project and could not be spent for anything else. Buelterman asked Lovett what the next step was. Lovett said that step would be to fmalize the location and get the floor plans. Lovett also gave an update on the 6th Street Drainage Project, saying that they were shut down this day until they clean up the site and make it safe. Lovett said they were to put out more safety barrels and safety signs. Kathryn Williams reminded everyone about the crab - decorating contest on March 1. She said to purchase crabs early and there will be a party at the Crab Shack, with prizes and entertainment. This all benefits the Marine Science Center. Kelly Lewis, MSC Director, also announced a wine and cheese party for members and a Tybee Day for non - members. All is free. James McCusker asked Council to consider his purchase of a parcel of property along his property on Rosewood Avenue. Jack Boylston introduced Mrs. Walsh- Elliott, saying she had come to Tybee Chamber of Commerce in late August as the Tybee Island Tourism Manager. Boylston added that she was an asset to Tybee. Mrs. Walsh - Elliott gave a brief report on the Chamber's activities and finances. She said Tybee needs keep its affiliation with Savannah Chamber of Commerce. She, also, said she had placed some copies of the Traveler Planner on the back table for anyone interested. Nora Missroon asked Council for financial consideration on a building permit that was purchased in December 1999. She said she paid $3,351 and the time had lapsed because of different reasons. She was ready to build now and was told everything had to start over. Hughes said that codes change, as in this case, and there is a time limit on the start of construction. Crawford asked where the property was, Missroon said 506 10th Street, at the end of 10th. Chuck Bargeron, Code Enforcement Officer, said she owns the water and sewer taps, and it would be ok not to pay again. Bargeron said the code allows for a 1 -year extension on a permit but no request, verbal or written, was ever received. There was a major code change in January 2002 and plans should show these changes. We need some time limit on permits; otherwise people will buy permits and let them sit. Costs go up and codes change. Crawford said he understands that life sometimes throws a curve, and suggested credit be given for what has already been paid, let staff take care of getting new plans, and the City Manager approve. Jonathan Brown, adjacent property owner, said that they will have to get another variance form DNR and EPD. Henry Levy said that he had been to a meeting regarding planning and Dr. Koncul spoke. Levy said not one person from Council, PC, or City Staff was there. He said it was a very informative talk regarding open space allowances. Levy also said that the Park of 7 Flags was designed by an expert, him. He said he opposed the change. He said the park is for everyone at Tybee and hopes Council will reconsider. Franks Hiers, representing the St. Patrick's Day Parade Committee, announced the first annual Tybee Island St. Patrick's Day Parade, and gave hats and T -shirts to the Council Members. Hiers said the parade will held on March 15, 2003 at 3 PM. There will be about 50 units participating. He invited all to attend. Parker asked if they had applied for the permit yet. Crawford motioned that they waive the fee and issue the permit. Burke seconded. Vote was unanimous. Crawford also motioned, in order to show support and to bring in people during the off - season, to donate $1,500 to the parade. Burke seconded, vote was unanimous. Betty McClendon spoke about the dangers of fires and fireworks on the beach and in the dunes. She said areas need to be posted. Parker suggested that property renters have rules posted in their rental units. Mayor Parker opened, asked for comments and closed the following public hearings according to law. Lawanna Tsoulos requested to purchase a 30'X50' parcel on Estill Avenue. She said they don't plan on developing but keeping as greenspace. She said their house is on part of it and they have been maintaining. The property has been appraised, and this is the public hearing required in the procedure. Lawanna Tsoulos presented the request for Kenneth Thomas for a variance at 2 Marsh Creek Cove, PIN 4- 0015 -01 -024, for an extension of a deck. Tsoulos said that Planning Commission approved the request with a vote of 3 to 1, with 1 abstention. She added that several members were sick, so the attendance was low. 1 Burke asked where Marsh Creek Cove was, Mr. Thomas said at the end of 8th Street. Thomas said there are 4 units, which were built by Allen Hendrix in 1986. When he started to remodel his kitchen, he found a lot of wood damage; he said he had no intention of rebuilding the decks. He removed part of the decks and now would like to extend it 8 feet, square it off, and cover with a roof. Thomas said the deck faces the marsh and will not extend as far as ones on both sides. He said he has no privacy and would like to put just a wood or lattice partition up. Mr. Seidel, one adjacent property owner, has no problem with the addition. The neighbor on the other side does have a problem. Brian Malins spoke in opposition. Harold Yellin, an attorney representing Charles Knipe, spoke to Council regarding rebuilding house at 104B Butler Avenue, PIN 4- 0004 -03 -003. Mr. Yellin gave a brief review of events leading up to this point. Yellin said that when the contractor was preparing the house to be elevated, as had been approved, the house collapsed. He said they wanted to know what they could build, and he was aware of the owners behind this property concerned about losing the view. Yellin said unfortunately, we do not have a "scenic easement ". The prior approval was to move 5 feet to the West, 3 feet from the North property line, maintain access easement, and no movement to the East. Burke asked how they could go back to same footprint, if house is destroyed. Floor still there, as if house was destroyed by fire. Mary Katherine Moss, an attorney for the neighbors, Mr. & Mrs. Neville, and Mrs. Ellis, said there is no footprint to build back to. City Attorney Hughes said that PC suggested they move 3 feet to the South. Bargeron agreed, saying there was concern about having to cross property line to do any work. Hughes said that this is a small, sub - standard lot and there is no way to build a house without a variance. Hughes also added that the history of this property makes it complex. Barrow asked if all the parties involved have met and tried to come to an agreement. The answer was no. Barrow asked Moss what did the Nevills want to see built, or did they want nothing. Crawford asked if the ordinance specified when a structure could be rebuilt in same footprint. Hughes answered yes, fire, flood, war, hurricane, or an act of God. Youmans said the Knipes had a permit to elevate the house, and when they tried it fell apart because of water damage. He said the footprint is still there because the floor is still there. Hughes said again, the Knipes are going to need some kind of variance, otherwise, staying within the setbacks will result in a 14 -foot house. Moss said they can't cry hardship because their hardship is of their own making. Buelterman said he met with both sides, and asked if the house actually collapsed or was it torn down. Kitchens, the contractor, said when they were preparing it for elevation, and removing the stucco, because the studs were so rotten, the structure began to lean. Kitchens continued saying, because of safety to surrounding homes and property, they felt it best to have it go on down. Yellin said there was not much choice but to try to raise the house, as they were told they couldn't demolish and rebuild. Mr. Neville said at first the Knipes said they couldn't raise the house, then they said they could from the inside. He said no one met with him at any time but he did talk with Mr. Braswell, the moving contractor. Neville said his concern was with safety not the view. He said Mr. Yellin keeps saying the concern is with the view. Mrs. Ellis, the neighbor on the North side, demonstrated the difference in distances with a rope. Henry Levy suggested if concern was safety, why not require a firewall on the North side of the structure. Mayor Parker opened the meeting for business legally presented. Reynolds moved to approve renovations for North Beach Grill, Burke seconded. Vote was unanimous. Council advised Bargeron to go ahead with the plans. Youmans moved to approve the sale of unopened parcel of Estill Avenue to Dee and Lawanna Tsoulos, as long as it would be stipulated to be kept as greenspace and not developed, and if ever sold would be stated so in the deed. Crawford seconded. Vote was unanimous. 1 Hughes advised council to reflect on the required standards on variances in Sec. 5 -010 and are taken into account before voting. Crawford moved to approve variance request for Thomas, Youmans seconded. Reynolds said this started as a deck and now would look like a room. Crawford asked if it was to be enclosed. Thomas said no, it would have a roof but the sides would probably be lattice. Vote was unanimous. Youmans moved to approve variance request to build back in the footprint, except to move the North side 3 feet to the South, for the Knipes at 104 Butler Avenue, Crawford seconded. There was discussion regarding firewall versus sprinkler for fire safety. Crawford motioned for an amendment to the original motion, for the new structure to be sprinkled. Youmans accepted the amendment. Vote was 3, Youmans, Crawford, and Barrow, for approval, and 2, Buelterman and Burke, against. Reynolds abstained. Crawford motioned to approve minutes with corrections, seconded by Barrow. Vote was unanimous. Buelterman moved to approve renewal of Alcohol Beverage License for Dolphin Reef & Tybee Tropics, Crawford seconded. Vote was unanimous. Crawford moved to approve renewal of Alcohol Beverage License for Foster's, Burke seconded. Vote was unanimous. Youmans moved to approve renewal of Alcohol Beverage License for Wind Rose, Crawford seconded. Vote was unanimous. Crawford moved to adopt Sec. 4 -2 -25 Fires Allowed and Prohibited on first reading. This allows current section deleted and replaced. Hughes said this basically is a nuisance ordinances and enforcement will probably fall under the police department and/or Council. Barrow seconded. Vote was unanimous. Crawford moved to approve amendment to Sec. 2 -4 -6, Sub. Sec. (d) Probationary Period, clarifying probationary period for new employees. Burke seconded. Vote was unanimous on first reading. Reynolds said that he and Bob Thomson, City Manager, had discussed the problem landscapers had trying to dump yard debris at Public Works. Reynolds suggested a separate contract with professionals, take their debris, grind it into mulch and give it away to residents. This could be done for a fair charge for the contractors. Reynolds said Thomson is already working on this with City Staff It was also stated that Waste Management will pick up debris if properly cut and stacked, or bagged. Crawford said we have a chipper at DPW. He said to use it if appropriate, if not, buy one. Youmans said there is already a large pile of mulch and DPW can't give it away, Thomson to check and see if chipper can be placed outside of the fence and pile the mulch there so it will be more convenient for residents. Buelterman said the W/S Committee met on February 4, 2004. He said they tabled the tier structure. He said the plan will be ready by March meeting. Thomson gave a brief report on several upcoming projects. The EPD has mandated that the rust content be reduced in the water on the South side of the Island. Thomson said the least costly method would be to put a 12 -inch line in Lovell Avenue. The other method would be to dig up Butler Avenue and replace that line. 1 Thomson said Council authorized $250,000 to continue the infiltration program at Ft. Screven. Thomson said the three bids on the parking lot equipment are within 10% of each other. Hughes will review. Thomson said they will act on this within a month. He said the sewer lift stations need overhauled. It is undetermined whether engineers or City's Sewer Dept. will do it. Water line at Ft. Screven is in budget for $240,000, but cost is $440,000. We can get a loan for the rest from GIFA at 3% interest if SPLOST doesn't work out. Chatham County Water Management Plan forces us to have the tier structure but it should not impact the average user. Burke asked about the progress on sealing manholes. Thomson said it was very slow but he would make it a priority. Burke moved to have the manholes sealed in 30 days, Crawford seconded. Vote was unanimous. Crawford asked Council if all were satisfied with the report from Hussey, Gay, Bell & DeYoung regarding the Park of 7 Flags. He said HGB &D should be completed with their part by April 17. Buelterman said he would like to talk about acquisition of large greenspace areas. He said it should benefit a lot of people. He suggested a short-term committee to advise. This committee should be made up of a diversified group of people. Barrow said to give 30 days to come up with concept. Buelterman suggested that maybe we could draw from the previous committee. Mayor Parker said he had inadvertently skipped a request and apologized to McCusker. Burke said we might need that parcel for drainage. There was additional discussion on drainage and the need for the ditch on the property. Crawford moved for approval to discuss the possibility of purchase, Burke seconded. Crawford said this was not a vote to schedule the public hearing but only to discuss. Vote was unanimous. Burke said that we needed to study the problem of Orange Crush. Need a citizens committee to see what is needed. Crawford agreed. Burke said we need to think about this now rather than in May. Barrow said we could have a Special Events Task Force for all weekend events. Parker asked Burke to head the committee and Burke agreed. Mayor Parker asked if we needed a resolution to re- prioritizing the widening of Highway 80. It has been put back another year and we would like DOT to reconsider. Crawford moved to approve request for resolution, Reynolds seconded. Vote was unanimous. Buelterman asked about bike trail extending to bridge. Thomson said we are still negotiating with the City of Savannah for the Inmate Service Fee Reimbursement. Employee should do renovations of the school from DPW. Our obtaining a Meals on Wheels program at Tybee is contingent on the kitchen equipment meeting all of the health specifics. Youmans moved to rename the back part of Miller Avenue, where all the duplexes are, to Miller Lane. This will cut down on a lot of confusion with trying to fmd addresses. Burke seconded, and vote was unanimous. Thomson said he is looking into the possibility of getting equipment that enable the City to take payments by credit card. Hughes said State laws allow some payments with credit cards. Bob to check into this and says that no new employee will be needed to handle this. Youmans moved for approval for the City to donate $500.00 to Sarah Guetherman. Sarah was chosen by the Ambassador Program to go to Australia. Burke seconded, vote was unanimous. Kathryn Williams asked about the damage to her property and when the City was going to do something. Mayor Parker said that it had already been taken care of. Buelterman moved to go to executive session to discuss real estate. Crawford seconded. Vote was unanimous. Mayor Parker reconvened the regular meeting and as there was no further business to come before Council, Mayor Parker adjourned the meeting. Diane Sikes, Zoning Mayor Walter W. Parker .r•••.•v i.vVv i.•Vv .. LYt+VVt.l V1 vra■au.ovcat,u nr4 ar,A11aL111'u At 114V11L Z.V ♦140V r. VV.)/ VV RESOLUTh)N WHEREAS, City of Tybee Island is a duly incorporated municipality in the state of Georgia being vested with all powers possible for a city to have under the present or future constitution and laws of the state of Georgia; and WHEREAS, the duly elected governing authority of the City of Tybee Island, Georgia is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, welfare, and aesthetics of the citizens of the City of Tybee Island, Georgia; WHEREAS, the Department of Transportation is in the process of developing plans to four lane Highway 80 as it approaches City of Tybee Island, including the Lazaretto Creek Bridge; and WHEREAS, the Chatham County Commissioners have reduced the priority of the highway widening project; and WHEREAS, the City of Tybee Island would like to express its desire that the widening of Highway 80 be reprioritized by the County Commission so as to receive the most immediate attention. NOW THEREFORE BE IT RESOLVED BY the Mayor and Council of the City of Tybee Island duly assembled that the City of Tybee Island hereby request and encourages the Board of Commissioners to reprioritize the widening of Highway 80 between the Bull River and Lazaretto Creek so that project will receive the most expedited attention possible. The City expresses its belief that the widening of the highway is in the best interest of the citizens of the City of Tybee Island as well as of Chatham County, and is necessary for public safety and health and should be an item of high priority . Vau.• Vy L1VVV yt.y., .7 yLG1. VLt V 4l1LLJlStl7tlL, fl VA.`J 6i, •L 9■OV C.VVV / VC/ 9 This 48- day of , 2003. ATTEST: R. BROWN OF COUNCIL g: lcommon\emh12111871resoi -2 MAYOR WALTER W. PARKER i STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, WftL-ffa. / / Y' , 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 day of 4,44aj. 1 3 , 2003. (2) That it is my understanding that O.C.G.A. ' 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 r34,0,..4.7 1 , 2003, which was closed for the purpose(s) of ,se -,-.0 f �� c ils °" 1 ads allowed D by O C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (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 1 O.C.G.A. ' 50- 14 -4(b) that such an affidavit be executed. This / day of Sworn to and subscr'bed befor me this 1.3 day of , 2003. Notary Public g: \common \emh \14536\affiday.02 Mayor/Presiding Officer