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HomeMy Public PortalAbout20030410CCMeetingro @ @ITEM 2003 -04 -10 City Council Minutes Mayor Walter W. Parker called the April 10, 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 present. Council member Barrow gave the invocation. The Pledge of Allegiance was recited. Jack Boylston addressed the parking issues that Council requested form the prior meeting for the Seafood Festival for June 6 and 7 at the North Beach parking lot area. Boylston asked Council to consider the dates being changed to August 1St and 2 "d as that is the start of the down season. Burke asked about North Beach Grill. Boylston replied that George Jackson wants to be a part and would welcome other businesses. Parking area around the Legion was discussed and Boylston said Gene Kendrick was supposed to handle the permission to park on Hendrix's property. Parker said that Hendrix's has never allowed before. Boylston said that the City has no plan for Orange (Savannah) Crush or Fourth of July fireworks. Youmans asked how many people are expected to come? Boylston answered about 1,500 each evening and around 3,000 on Saturday afternoon. Buelterman asked why is June 6th and 7th different from August 1St and 2 "d? Boylston said that the 6th and 7th is the first weekend after school is out for the summer and after July 4th the island starts slowing down. Reynolds said Council need to consider the people who live in the area and maybe just have one night. Jeff Cramer addressed Council on the stop work order that was issued by the City for his construction on a home at 1406 Second Avenue. The reason for the stop work order is that the house is to beyond the 35 foot height limit. Cramer said plans were approved by staff and this has been going on for about a month — adjusted grade is 31.4 above finished floor — by not having the roof on it is causing damage to house. Cramer said that when vegetation was taken away that they brought in fill dirt — what staff is looking at is on the sides of the construction. Cramer said he turned in a boundary survey and would like some kind of resolve from Council. Youmans said what did the survey say? Bert Barrett, a surveyor and also the elected County Surveyor, certified at 34.8 feet high. Parker said this includes the roof? Cramer said yes. Barrett explained how he measured the elevation — 4 corner — take average and then the height and came up with 34.8 feet. Barrett named places on Tybee that are not average natural adjacent grade — Eagles Nest, Fort Screven, Bay Street and Captain Row to name a few. Barrett said he worked with a committee years ago on this issue and the recommendation was average adjacent grade from the committee. Parker asked what is logically. Barrett said to bring in 1 to 2 feet of fill dirt depending the location. Barrett said the aged that the City uses is off 1 foot or the other. Parker asked Barrett in his expert opinion this meets with the Tybee Island codes. Barrett said since he has seen the pictures it does not meet with code. Parker said according to the LDC you cannot impact the neighbor's yards. Barrett said Cramer put up a retaining wall. Dick Smith, Chair of the Planning Commission, said that Council had asked them to again revisit the stairs in the setback issue. Planning Commission voted unanimously to leave as it is now. Smith said he has been on the Planning Commission for 5 years and cannot remember a variance coming before them for stairs in the setback; it is always after the fact — asking forgiveness instead of permission. 1 Rusty Fleetwood spoke of the 1978 plan for the north beach parking area stating that it listed only 208 parking spaces. Fleetwood said the residents are concerned about the bus traffic, noise and pollution. A draft plan was turned in to the City Manager and it does include a proposed stage area. Fleetwood said the August dates are a step in the right direction. Barrett said he would like to clarify the question asked by the Mayor if building meets code — can not insure because he does not know the elevation before. Henry Levy told Council that they should consider disallowing anything in the setbacks, not just stairs. Air condition units, storage buildings and carport to the property lines. Bernie Goode, representing the Tybee Island Beautification Committee, told Council that they are undertaking the project of the old cemetery in Memorial Park and will be placing a notice in the Tybee News in order to see if anyone has any information on who is buried there. Barrett told Goode that he could put him in contact with a relative of someone who is buried there. Lawanna Tsoulos told Council that 200 care packages were sent out today for the soldiers and she expressed how much she and Dee appreciate the City. Mayor Parker opened the meting for business legally presented to Council. Burke moved to approve the August 1st and 2°d as dates for the Seafood Festival submitted by Jack Boylston. Crawford seconded. Boylston told Council that the City Manager set up a meeting and that 2 of the department heads did not attend. Reynolds said more study is needed on the parking and the noise, maybe a demo on the system that is going to be used. Boylston said he would set it up. Youmans said he gets less calls from citizens than anybody and he has had 7 calls from residents in the area. Youmans told Council to remember that the City refused the blacks that wanted to use north beach because of the volume of people — we need to worry about court. Voting in favor for the August 1st and 2nd dates were Burke, Crawford, Buelterman and Barrow. Opposed were Youmans and Reynolds. Reynolds presented an amendment to the motion for a site demo on sound system and a definite parking plan. Burke accepted. Hughes questioned if the City owned the location for the event. Boylston said they must meet all ordinances. Vote by Council was unanimous. Boylston said by June for the demo. Parker asked Anderson if he had anything to say about the Cramer project. Anderson told Council that they had met for about 2 hours on this issue and that fill dirt was brought in and it is now 2 V2 feet higher than the neighbors. Hughes said a survey came with the building permit application and the survey did not show the average grade elevation but it passed though anyway. Started construction, process looked like it would be over the 35 foot limit — nobody knows average adjacent natural grade elevation — ordinance was amended to include natural grade — added dirt then elevation was done with the best information available — according to Downer Davis adjoining property 8.8 feet now with dirt 9.3 feet — 7 inch difference — can not ignore but the City will work with him. Parker said with the confusion it would be reasonable to allow with adequate drainage. Hughes told Council the variance process is needed — city ran into this with a commercial property — understand that it has been raining - the City allowed work that would not involve the height issue. Youmans stated that nobody would ever know that this house is to high and would be wrong to make him go for a variance. Youmans said i that Council required elevations after trouble with motel. Reynolds said he has done work on this site, provide elevation, trees and benchmark, this would eliminate the entire problem everyone knows now. Crawford said this is the horse out of the barn and no one knows where it is, appreciates the City Attorney's opinion, but so far Barrett has produced the only certified elevation at 34.8 is above average adjacent grade — there are gray areas in definition and a number of locations are not natural elevations — information is not in ordinance form that we can deal with — need to clarify this. Crawford said a topographical survey is to be included with the 1st application for building — this has not been required before — not enforced — project to far gone for the City not to allow him to continue. Crawford said City's best evidence is using the aged tax map with a plus or minus of 1 foot, we are only talking about 7 inches — margin of error is moot point — judge would throw it out. Barrow asked Barrett if he still certifies the based adjacent grade. Bernie Goode said to contact the contractor who delivered the fill dirt and have him certify how much he brought to that lot. Buelterman said a variance is needed according to the City Attorney. Hughes said this would be a safety cushion for all concerned. Crawford said he disagrees, with the evidence presented a variance is not required and Mr. Cramer was forced to apply for one under threat of stop work order. Youmans asked why the stop work order if we don't know if it is too high? Parker said we are at a point where we don't know, but can the City be assured that it is 34.8 feet. Hughes answered at current grade yes, not prior to construction. Staff determined structure would be over 35 feet when finished. Anderson said there is clearly a bunch of fill dirt. Crawford moved to direct the City Manager to cease any stop work order in reference to the height of structure and allow Cramer to proceed, with the City refunding the variance request fee. Youmans seconded. Buelterman said Council is not setting precedence because of taking action to prevent in future. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Crawford moved that no additional building permits be issued without topo survey, ground zero to be included with initial application. Burke seconded. Reynolds said this would eliminate the last 40 minutes of discussion. Barrow asked the cost of the additional survey. Reynolds answered about $500.00. Vote by Council was unanimous. Crawford moved that anything in the discussion just held that needs an ordinance change — have the staff study — fiWremoved. Hughes said if procedures are followed, this just fell through the crack — would like to put topographical survey in ordinance form. Crawford added to have Smith and Planning Commission to study the sections, make recommendations with input from City Attorney and Council member Reynolds. Barrow seconded. Vote by Council was unanimous. Burke moved to accept the minutes as presented. Crawford seconded. Reynolds questioned the discussion on the pier pavilion. Crawford said Council moved for the letter to be written by the Mayor and sent to the Chatham County Commissioners about turning the ownership over to the City of Tybee. Reynolds said that the Commission cannot force the pier on Tybee. Parker said that there has been a change of heart and they want to keep the pier now. Vote on the minutes was unanimous. Bring the names to the April 24th meeting for the Greenway Lateral Park Committee. Reynolds moved to adopt Section 9 -3 -35 Lifeguards; Required; Qualifications; Duties on its first reading. Crawford seconded. Vote by Council was unanimous. Parker turned over the request to provide a staff member for 3 to 4 hours a week to work on the Youth Council. Buelterman asked that the water sewer committee meeting be set. April 30th at 5:30 P.M. This is directly after the GMA listening session held from 3:30 P.M. until 5:30 P.M. Burke said this workshop should be for all members of Council. Buelterman said that would be great. Thomson asked that SPLOST, use of monies, and the budget be added agenda items. Buelterman updated Council on the Boating Concerned Citizens Committee. We are now waiting to hear back from DNR. Thomson will get in touch with Capt. Bill Walsh to see if he can look at debris at Alley 3 boat ramp. Reynolds brought up the issue of jets skis — a lot of areas have banned them. Burke said they cause a pollution problem — gas and oil, plus the noise. Parker asked Thomson to check with DNR for their thoughts. Crawford moved to adopt the Resolution for support on House BM 1021 concerning renourishment. Barrow seconded. Vote by Council was unanimous. Crawford said the new phone system at the police station is just not working; it is inappropriate for the police department and a public safety hazard. Thomson told Council that the problem was resolved today. Crawford motioned to direct the City Manager to have the contractor for the Park of Seven Flags to pave the portion of Butler immediately in order to allow 2 -way traffic again. Youmans seconded. Vote by Council was unanimous. Burke asked Thomson to address the following issues. 1. Traffic problem already here — what about having someone to direct the traffic. 2. Clear cut lot on Lighthouse Lane — fine? Anderson answered yes, $3,200. plus replant 8 oak trees at $300.00 each, 1 palm tree, sod and landscape — all this must be inspected by the zoning department. Questioned the ditch that was filled in — needed for drainage in that area. Downer Davis to review the drainage plan and report back to Thomson who will pass on the information to the Drainage Task Force. 3. Shell/rock road off Highway 80 South Polk will be complete by next Wednesday per Thomson. 4. Signs — Thomson said he misunderstood mobile not fixed. Youmans said City has an ordinance against mobile signs. Hughes answered the City is exempt. Hughes said that Gay is proceeding with the contract with Waste Management for collection of residential garbage. Crawford moved to allow Gay to proceed with contract and to include the Waste at DPW and the Sewer Plant. Reynolds seconded. Vote by Council was unanimous. Burke asked about the dumpster at Huck- A- Poo's. Anderson said 32 notices were mailed out for dumpster violations. Four will be subpoenaed to court. Youmans said the City has done this before and to have the junior city marshal keep an eye out. Burke asked about the trash containers on Tybrisa. Crawford moved to accept the proposal from the Carl Vinson Institute of Government for a Class & Compensation study to be finished by end of June expense in the amount of $7,350. is to be from the Contingency fund. Burke seconded. Vote by Council was unanimous. Youmans asked if when this study is complete would it have impact on raises and wages. Thomson said they will make recommendations. A discussion as held on the GED classes and the contract from Royce Center in the amount of $3,528. It was agreed to have more information for the next meeting. Crawford moved to accept the Grant Contract presented by Thomson from CGRDC for work on the land use with the City's portion $2,500 subject to review by City Attorney. Burke seconded. Hughes said this ties in with the part of planner. Vote by Council was unanimous. The issue of land swapping with Fleetwood was discussed and Hughes told Council the process that the City will have to go through. An appraisal from adopted list from Thomson, advertising, usually a 60 to 90 day process. Council agreed to not get involved with the request from Bob and Mona Byrd in reference to the City of Savannah. An e-mail from Mike Rule concerning an accident that took place at the North end of Highway 80. Crawford said he was unaware of any accident but the area was discussed at an earlier Council meting and the Mayor was suppose to contact DOT about what needed to be done to lower the speed limit. Crawford said there is a bad problem with traffic turning from Byers onto Highway 80. The police are out at 5 to 6 A.M. catching citizens going to work. Parker said he contacted DOT and they said they would do a study. Burke asked about a turning lane option. Youmans moved to adopt a resolution requesting DOT to accomplish the study as soon as possible. Buelterman seconded. Vote by Council was unanimous. Crawford moved to adopt the amendment to the GMA Retirement Plan for the rule of 75 on its second reading. Buelterman seconded. Vote by Council was unanimous. Crawford moved to adopt the ordinance on Homestead Exemption on its second reading. Buelterman seconded. Vote by Council was unanimous. Youmans questioned the health insurance for retirees. Thomson said Brown had put together some costs and will have her put copy in each Council members box. Youmans said he has spoken with a couple of employees that are eligible and they cannot go unless there is insurance. Hughes said this is a highly specialized area and the current health ordinance covers full time employee only. Thomson will get information from GEMBES. Crawford said what do we need to do? Hughes answered an ordinance and you can probably have 1St and 2nd reading at the same meeting. Crawford moved to go into executive session to discuss personnel and litigation. Burke seconded. Vote by Council was unanimous. Youmans moved to reconvene regular session. Crawford seconded. Vote by Council was unanimous. As there was no further business to come before Council Clerk of Council Mayor Walter W. Parker RESOLUTION WHEREAS, Tybee Island, Georgia, is one of a number of barrier islands on the coast of Georgia effected by the forces of nature as well as by activities undertaken to maintain navigation channels; and WHEREAS, the Georgia General Assembly passed legislation known as House Bill 1021 (O.C.G.A. § 52 -9 -1, et seq.) seeking to provide for the replacement of beach quality sand which results from navigational activities and the alteration of the natural drift of beach quality sand resources by navigational activities; and WHEREAS, it is known that beach quality sand is removed from navigational channels and other areas as a result of dredging and maintenance activities and that such sand is not put to any beneficial use; and WHEREAS, the Mayor and Council of the City of Tybee Island is strongly in favor or the provisions of House Bill 1021 and its intended beneficial results; NOW THEREFORE, it is hereby resolved by the Mayor and Council of the City of Tybee Island in open meeting duly assembled that the City of Tybee Island strongly supports House Bill 1021 and the full implementation thereof and encourages all entities, agencies and officials to act in accordance with its terms and intentions. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to such local, state and federal officials as may be deemed appropriate. ADOPTED IN OPEN COUNCIL MEETING, on the 6 day of � Ids , 2003. ATTEST: R. BROWN OF COUNCIL YOR WALTER W. PARKER Governmental Services Division Vinson Institute of Government University of Georgia Athens, Georgia 30602 Letter of Agreement This agreement is made and entered into this I el,. day of 2003 between the City of Tybee Island and the Carl Vinson Institute of Government on behalf of the University of Georgia. Under this agreement the services outlined in Appendix A will be performed. The Vinson Institute's chief representative to this project will be Dr. Stephen E. Condrey. The Vinson Institute shall also commit such other assistance from Vinson Institute faculty members, professional staff, and secretarial support as shall be required to complete the project. It is the intention of both parties to the contract that all work shall be scheduled at mutually agreeable times and that all work be completed in accordance with the attached schedule. The projected beginning date is April 1, 2003. The City of Tybee Island agrees to pay the Vinson Institute the sum of seven thousand, three hundred fifty dollars ($7,350) to cover the cost of personnel, travel, supplies and related expenses. This amount will be billed in two equal installments on April 1, 2003 and June 30, 2003. For the Vinson Institute of Government: For the City f Tybee I, d: By: �.%� By: James G. Ledbetter, Director ` Dat 3 -i —CY3 Date: 4 -16° 03 By: 444/ Karen B. Baynes, Asso `to Director Date: 3/ /11/4� CVIOG Faculty /Staff Member Performing Work: (signature) Typed Name: ° ph j E. Condrey 1 APPENDIX A Letter of Agreement for Technical Assistance to the City of Tybee Island, Georgia: Proposal for Reviewing and Updating the City's Position Classification System and Compensation Plan The City of Tybee Island has determined the need for a review and updating of the job classification system and pay plan for all jobs covered under the city's personnel plan. Objectives The Vinson Institute of Government proposes the following schedule of activities to accomplish four objectives: 1. Review and upgrade the current classification system and pay plan for all employees in the city; 2. Produce an updated description of each job in the city and produce a classification system based on job content analysis; 3. Collect wage survey data and produce a recommended pay plan based on job analysis, job evaluation and wage survey data; and 4. Train designated personnel in each step of classification and pay plan development to insure the implementation and maintenance of the system. Phase I -- Developing a Work Plan and Schedule of Activities 1.1 Institute staff will conduct an orientation describing in detail the activities that will be required to accomplish the project objectives. 1.2 During this phase all the documents detailing the current personnel policies and procedures, job classification and pay plan will be made available to Institute staff for review and analysis. Phase II -- Job Analysis Survey 2.1 Institute staff will develop a detailed job survey form to be completed by each incumbent. This data will serve as the basis for generating updated job descriptions, job classifications and job evaluations (ranking of jobs). 2.2 Institute staff will determine the number of interviews and/or job audits that will need to be conducted to insure adequate data for generating a complete and valid description of each job and job classification. 2.3 After the job survey, job audits and interview data are analyzed, a properly formatted job description will be completed for each job. The written job description will draw on four sources of information: (1) current job descriptions, (2) information from the job survey, (3) supervisors' review and critique, and (4) interviews and job audits. Phase III -- Job Evaluation 3.1 Institute staff will furnish a job evaluation format of established procedures for ranking jobs and measuring differences in job content. 3.2 Institute staff and appropriate city officials will select a format best suited for measuring different levels of knowledge, skills, and abilities required to perform the jobs to be evaluated. Phase IV -- Marketplace Compensation Survey 4.1 In a joint effort with appropriate city officials, the Institute will collect published survey data covering public and private organizations. 4.2 The Institute will analyze and format the survey data for use in establishing competitive pay levels. 4.3 After this phase is completed, Institute staff will review all data generated to this point with appropriate officials to determine what additional information needs to be considered before moving to the next phase. Phase V -- Developing a Pay Plan Institute staff will: 5.1 Establish recommended pay grades based on the job evaluation results (Phase III) and the wage survey (Phase IV); 5.2 Establish pay steps or ranges in each grade and present the complete recommended pay plan to appropriate officials for review. At this point the plan will reflect the data from Phases III and IV as well as cost -of- living data, and the jurisdiction's financial condition and compensation policy. 1 Phase VI -- Implementing and Administering the Program Institute staff will: 6.1 Train appropriate officials in the administration of the program with an emphasis on procedures for keeping the program up -to -date; and 6.2 Be available to provide a reasonable level of ongoing technical assistance necessary to maintain the program. Cost and Duration The cost to the Institute to provide the service specified in this proposal will be seven thousand, three hundred fifty dollars ($7,350). Considering the scope of the project, we anticipate a three (3) month work plan beginning April 1, 2003, with fmal reports submitted on or before June 30, 2003. Formal Institute involvement would terminate June 30, 2003. 1 City of Tybee Island Personnel Project Schedule of Activities DATE ACTIVITY April 2003 o Distribute position questionnaires o Position questionnaires returned to Institute o Employee interviews o Collect salary survey data May 2003 o Develop preliminary cost estimate June 2003 o Return job descriptions for employee review o Present final report Project Director: Steve Condrey, Senior Associate and Program Director Carl Vinson Institute of Government 201 N. Milledge Avenue University of Georgia Athens, GA 30602 (706) 542 -6251 (Phone) (706) 542 -9301 (FAX) condrey @cviog.uga.edu 1 STATE OF GEORGIA CITY OF TYBEE ISLAND ) CONTRACT FOR PROFESSIONAL SERVICES This contract is made by and between the Coastal Georgia Regional Development Center, hereinafter referred to as the CGRDC, and the City of Tybee Island, hereinafter referred to as the "City"; Witnesseth that: WHEREAS, the City desires that the CGRDC provide technical assistance and administrative services necessary to complete the following Discretionary Work Program (DWP) activity: Special Development Regulations: The CGRDC will review the City of Tybee Island Land Development Code and present recommendations for a "user friendly format ", text consistency, and design controls consistent with the American Planning Association Advisory Report 379: Appearance Codes for Small Communities. THEREFORE, it is distinctly understood and mutually agreed as follows: I. PERFORMANCE OF SERVICES: The City hereby agrees to engage the CGRDC and the CGRDC hereby agrees to perform the services stipulated in this agreement in accordance with the terms and conditions contained herein. In addition, the City hereby agrees to engage the CGRDC in accordance with the terms and conditions contained herein. A. The CGRDC shall complete the project by June 30, 2003. B. The CGRDC shall consider the receipt of this contract, signed and executed, as the official notice to proceed. II. SCOPE OF WORK: All activities will be in accordance with the Georgia Department of Community Affairs Discretionary Work program guidelines and program funding assistance. The CGRDC shall do, perform, and complete in a satisfactory and proper manner the following work and services: A. Coordination with the City of Tybee Island staff for initial consultation of work activities B. Coordination with the City of Tybee Island Planning Commission in Contract Page Two accomplishing the review, recommendations, and rewrite of the Land Development Code changes no later than June 30, 2003. Activities will include: I. Prepare and send mailings to the Planning Commission Advisory Group for scheduled meetings II. Facilitate and keep minutes of discussions with the Planning Advisory Group III. Prepare drafts of the revised Land Development Code for review by the Planning Commission C. Conduct a briefing for the Tybee Island City Council following completion of the recommended revised Land Development Code and prior to legislative action by the City Council. D. Hold a legally advertised public hearing to present the fmal draft document. E. All activities shall comply with the Georgia Department of Community Affairs for Discretionary Work program funding assistance; M. COMPENSATION: Work will consists of A. Professional Staff (including fringe, indirect costs, and clerical assistance) $7,900 B. Mileage 400 C. Office supplies 100 D. Misc. 100 Sub -total $8,500 Less DCA Discretionary Work Program funds (6,375) TOTAL COST $2,125 IV. NONCOMPLIANCE, MODIFICATION, OR ABROGATION: In the event of the CGRDC's and for the "City's noncompliance with the requirements of this contract, this contract may be canceled, terminated or suspended in whole or part. A. If this contract is nullified, all finished or unfinished documents prepared by the CGRDC under this contract shall, at the discretion of the "City" become City property. The CGRDC shall be entitled to be paid just and equitable compensation for any work completed on said project. Furthermore, the CGRDC Contract Page Three shall be held harmless, in the event of nullification, from its said responsibilities for the completion of such project. B. The original scope of the project, or the completion date, may be altered by either party with written concurrence by both the CGRDC and the City. Accepted and Witnessed, by our hands on the 16i` day of , 2003. pid . loa3 CITY ' F TYBEE Date alter W. Parker, ayor Date COASTAL GEORGIA REGIONAL DEVELOPMENT CENTER Date Vernon D. Martin, Executive Director Date Earl "Buddy" Carter, Chairman Date Witness