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HomeMy Public PortalAbout20030925CCMeeting1 @ @ITEM 2003 -9 -25 Mayor Walter Parker called the September 25, 2003 City Council Meeting to order at 7:00 PM. Those Council members present were Jimmy Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. Also present were City Attorney Edward Hughes and City Manager Bob Thomson. Rev. Edie Atkins of All Saints Episcopal Church gave the invocation and the Pledge of Allegiance was recited by all. Mayor Parker reminded everyone that this was an election year. He said everyone on the present Council was running for reelection with the exception of Walter Crawford, who was running for Mayor, and Richard Barrow, who was moving. Parker introduced some of the new candidates, Freda Rutherford, Paul Wolff and Eddie Crone, who were in the audience. Mayor Parker said there were several visitors who were not on the agenda and introduced Jim Hart of St. Michaels School. Mr. Hart said that he was here to bring attention to a national program, which will occur on the 4th Saturday in October. This program highlighted volunteerism and is known as Make a Difference Day. He said St. Michaels School had 3 projects this year. They are: the children of St. Mary's Home taken by the 7th grade, the McDonald House taken by the 8th grade and the 6th grade is here tonight to ask for Council's help in finding a worthwhile project. Hart introduced several members of the class, Chrissie Youmans, Tia Stephens, Patty Flores, Halle Ike, Casey Whitten, and spokesperson Lisa McCusker. Lisa said that all were residents of Tybee and asked Council to help find a project for them to help the community on Make a Difference Day. Mayor Parker announced 3 Candidates Forums scheduled for October 2nd, 15th, and 30th at City Hall starting at 7:00 PM. He said it would be a good chance for all to come and find out what each candidate stands for. He also reported that on September 18th the Red Cross Blood Drive collected 59 pints of blood. As Teresa Concannon was not present, Mayor Parker said that we had a resolution for the Comprehensive Plan for STWP. He said we would take that up at the proper time. Taylor Watts spoke to Council concerning a new business he would like to begin on Tybee. He discussed his plan for a horse drawn carriage tour, to start with, in the Ft. Screven area. The tour will last approximately 30 minutes, and run from Noon until 9:00 PM, March 1St to December 31St. The horses have health certificates, and will wear manure bags. He asked Council to consider his proposal. When asked about stabling the 1 1 horses, he said they would not be ovemighted on Tybee but brought from Savannah each day. Penn Myrick asked Council for an extension on his building permit for lA 18th Street, which was purchased in October of 2002. He said the permit would expire before he could begin construction and didn't want to have to start all over again. Because of all the "red tape" he has encountered construction has not begun. He didn't want to start in the middle of the summer because of the location and interference with beach traffic. Crawford asked if staff could approve an extension. Hughes said yes, up to 6 months. Myrick said he would need 1 year. Crawford said he didn't think it would be a problem with staff and for the building officials to handle. Mary Locklear spoke to Council regarding the dangers of people swimming in the same area as surfers. She said visitors are not aware of surfers and we need to place signs to warn them that they are swimming in a surfing area. Crawford asked the City Manager what was being done, and Thomson said signs had been ordered but there had been some questions as to the wording. Intern George Shaw said he had been told that the City's liability might be greater if signs were posted. Council deferred to the City Attorney, asking can we legally designate an area just for surfers? Chief of Police Jimmy Price said that we cannot close down a portion of the beach to swimmers. Buelterman said can't we just post a sign warning swimmers that this is a surfing area. Burke said this issue has been discussed since 1959, and we could not limit area just to surfers according to the past city attorney. This is a public beach. Crawford recommended that the City Manager speak to other beach communities regarding this same issue and also work on the wording for the signs. Buelterman agreed. Council asked City Attorney Hughes to check into the legality of a designated surfers only area. Pat Locklear spoke about the growing number of surfers in the area. Kathryn Williams said part of the problem is the surfers are confined to such a small area of the beach. Pat Locklear suggested that the signs be printed in Spanish also. Cullen Chambers asked Council to approve the writing of a letter of commitment for $350,000, which is already allocated from the 2003 SPLOST Fund. This money is designated for the restoration of the Post Theatre. Hughes said there is no specific agreement yet. Chambers said all he needed was the letter to apply for a grant, not the money, now. Hughes is to write letter. George Weeks, Engineer with Ward Edwards, reported on the status of several projects for the City. The drainage project for the 14th and 15th Street Parking Lots, which was postponed due to tourist season, is ready to be started. The contract has been awarded to low bidder, JAM Construction. The construction company said that he would do the work at the same cost of the February bid. The estimate for the 12th Street drainage project is $460,439. This takes in from 11th Street to 13th Street, and 2nd Avenue, Jones Avenue and Miller Avenue. Thomson said that these are just engineering estimates and not a commitment. The Solomon Avenue drainage project is from Campbell Avenue West to about 650 feet of the old block plant at the box culvert. It includes widening the existing box culvert and installing a twin box culvert. Weeks told Council that he had given the contractor who is working on the Van Hom and Oceanview project, a set of these plans. His bid was $12,000 less than the estimate of $534,000. Crawford asked if the installing of the coral rock would interfere with this project. Weeks said no, it might even help. This project was designed with the assumption that 1 1 Solomon would never be paved. Weeks added that on the 12th Street project, there would be resurfacing. Jane Hall and John Henry Stevens from Waste Management spoke to Council concerning the recent problems in service for Tybee. Hall said she was in charge of service for Tybee for 7 years, then was promoted and now has been asked to come back to take care of the problems. She said that she gave Tybee good service before and she will again. Hall apologized and promised that she would work very hard at reinstating the service. Frank Kohel of 202 McKenzie Avenue spoke regarding the speeders in his neighborhood. He said they go 55 or 60 mph down his street. Kohel asked for speed bumps or breakers on McKenzie and more police action. Michael Lucas said he owns property on Algiers Street and asked to cut all of the trees on his lot. He said they were all big pines Dee Anderson, Zoning Administrator, said that Mr. Lucas wants to remove all the trees and our ordinance requires 3 trees per 4500 sq. ft. Parker asked if this wouldn't be a variance. Anderson said yes, and Lucas was told to get with the Zoning Department to get the proper paperwork to fill out for the variance. Dee Tsoulos read a letter he had received from Specialist Marie Barlow. Barlow had received a small package while in Iraq and wanted to thank everyone at Tybee. In her letter, she said it really meant a lot to her to receive this package. Mayor Parker opened, asked for comments and closed the following public hearings, according to law. Dick Smith, Planning Commission Chairman, presented the request for a special review for a residential bed and breakfast for Jack Borders at 1105 D Bay St, PIN 4- 0021 -16 -053. Smith said there was no specific parking plan and Borders did not plan to live there, as the ordinance requires, but have a resident manager. Smith said PC voted 6 to 3 to deny. Crawford asked if the access drive was a public street or private drive. Smith said it was a private easement with multiple owners. Arnie Seyden, an adjacent property owner and resident, said the neighbors had asked him to speak on this proposal. Seyden said this was a R -1 Single Family District and they opposed the bed and breakfast. John Chamblee, agent for the next -door neighbor, also spoke against the proposal. Chamblee said this drive was not adequate for all the additional traffic that the bed and breakfast would create. He also said that life in that area would be interrupted and urged Council to deny. Julian Page, who also lives in this area at 6 Bayview Lane, spoke against the proposal, stating there was no public right of way Smith presented the proposal for a minor subdivision for Barry Brown at 827 1St Street, PIN 4- 0020 -05 -0018. Smith said Brown met all requirements and the PC vote was unanimous. Smith presented the proposal for a minor subdivision for Jonathan Brown at 8 Fort Avenue, PIN 4- 0020 -01 -008. He said this proposal did not meet minimum lot size requirements. The PC voted 7 -1 to deny. Smith said there were no smaller lots in the area unless you crossed Polk Street. Jonathan Brown said he wanted to create 2 6600 sq. ft. lots, and that unlike other lots, these 2 would be buildable. He said the other lots on that street are mostly marsh and can't be built. He also said the lot on the comer has 2 residences and is not subdivided. Ken Failing, a property owner and resident in the area, spoke against the subdivision. Failing said there are 10 lots on the street, 7 have houses, 1 1 1 the 8th is under construction and the 9th is getting ready for construction. He said 1 subdivided lot would be incompatible. Bill Criner, of 1 Fort Avenue, said there is no water or sewer on Solomon for the 2nd lot. He said this would breach the covenants Brown said he did not show access from Solomon and his proposal was the same as the house on the comer. Smith presented the request for a letter to DNR stating that no variance is needed from Tybee, for Dana Reinschmidt Thompkins at 1 9th Terrace, PIN 4- 0006 -05 -001 and 4- 006 -05 -002. The proposed construction may not cross our Shore Protection Line but does encroach on the DNR's line. Burke asked why couldn't they shift the construction West to avoid the encroachment. O'Hearn, an attorney representing the Thompkins, said they wanted to preserve that lot as natural green space. O'Hearn also said that it was a matter of parking and turning in and out of the driveway, and for emergency vehicles. Rachel Perkins spoke concerning the intent of the protection line, saying it was meant to protect the nearest dunes. Cathy Sutlive, whose Mother lives behind this property, said they had no objections, in fact, were in favor as people were coming onto their property to turn around. Smith told Council that the Planning Commission had been asked for a recommendation regarding deleting Sub. Section (E) C -1 Beach Business District of Section 4 -050 District Use Regulations, to eliminate certain restrictions on Multi- Family Use. Smith said this has been advertised as required. Smith said the PC voted unanimously in favor. Parker said that Smith had skipped the hearing for Tony Petrea. Smith apologized and presented a request for a major subdivision of 2 lots into 4 lots for Tony Petrea Elmwood Drive, PIN 4- 0002 -18 -003 and 4- 0002 -18 -004. Smith said originally this would have created 4 lots of 11,400 sq. ft, but Jim Klutz, a neighbor, asked to reduce them further to save some large oak trees. He said the lots were now 9,000 to 10,000 sq. ft. Smith said the PC voted 7 to 1 in favor of the subdivision. Buelterman thanked Petrea and the Planning Commission for working hard to save the oak trees Parker told Smith to go back to what he was saying before about the C -1 District. Smith said Mr. Youmans had asked for this to be heard. Smith said it had been advertised and Youmans said it had been advertised before. Smith said Mr. Anderson wanted it advertised again and it has. Smith said PC voted unanimously in favor of deleting that section. Buelterman said the minutes don't reflect much of a discussion on this and asked Smith if he would tell them about the discussion. Smith said there wasn't much of a discussion as this had been discussed several months ago when it was first brought up. Youmans said he had been approached by several property owners regarding this issue. He said property has lost value, people can't sell for multi- family uses and businesses are moving to the North part of the Island. Buelterman asked if everyone understood what the possible effects this would mean and said that this might cause the South Business District to become all multi- family residences. Buelterman said we would have this nice beautiful beach for visitors to come to and no businesses on Tybrisa. Burke said maybe the PC could look into some changes in the Code in order to maintain the businesses that we have now but that is something on down the line. There was more discussion regarding pros and cons of residential use in the business districts. When asked about a planner, Parker said RDC was helping us with a staff planner. Burke said maybe we need to call and have the planner to come and advise us. Youmans said we never consulted a planner when we took the property rights away. 1 1 1 Freda Rutherford said she would like to complain that the agenda was not on the WEB site and copies of these ordinance changes were not on the table. She said she did not know what was going on. Hughes said the other ordinance change was to require topographical information and drainage plans on all building permit applications. There were copies on the table. Crawford said Council had to deal with topo issues after the fact in several instances and now they want to see things before a decision is made. Hughes said it is required under the Storm Water Management Section of the Code, but it is not in the Land Development Code and is often missed. (Vivian Maxey, who is the Administrator of the WEB Site, was out of work all week and therefore the agenda was not posted.) Bill Lovett of Hussey, Gay, Bell and DeYoung Engineering Co., spoke to the Council regarding the loan, which was for W.W.T.P. Lovett said the project came in under budget and there was a $94,000 balance. He asked the Council if they wanted to buy much - needed aerators, at $37,000 each, or simply let that money go back into the loan. Lovett then reported on the study of the Butler Avenue water line. He said the City had several options, epoxy existing lines, slip lines, and in his opinion, replacement. To repair existing lines involves too many taps to make it feasible. Replacement is not cheap, approximately $1.2 million, but something to consider. Mayor Parker opened the meeting for business legally presented. Buelterman motioned for approval of the Resolution for Comprehensive Plan for STWP, Crawford seconded. Vote was unanimous. Crawford motioned to deny Borders' request for a bed and breakfast, Reynolds seconded. Vote was unanimous. Crawford motioned for approval of minor subdivision for Barry Brown, Reynolds seconded. Vote was unanimous. Youmans motioned for approval of a minor subdivision for Jonathan Brown, the motion died because of lack of a second. Reynolds motioned for denial, Buelterman seconded. Vote was 5, Burke, Reynolds, Crawford, Buelterman and Barrow, for denial and 1, Youmans against. Burke motioned for approval for the City to write a letter of compliance to DNR regarding the Shore Protection ordinance, Crawford seconded. Vote was unanimous. Crawford motioned for approval of the minor subdivision for Tony Petrea, Buelterman seconded. Vote was unanimous. Youmans motioned to delete Sub. Sec. (E) in Sect. 4 -050 which prohibits multi- family use in certain areas of the C -1 District on 1St reading, Crawford seconded. Buelterman asked to study this more before a decision was made. Barrow emphasized the need for a planner to look at this further. Vote was 4, Burke, Youmans, Reynolds and Crawford, in favor and 2, Buelterman and Barrow, opposed. Burke motioned for approval of requiring topo on all building permits, Sect. 5- 140, minor subdivisions, on 1st reading, Reynolds seconded. Vote was unanimous. After a 5- minute break, Mayor Parker reconvened the meeting. Crawford motioned to approve minutes for the meeting of August 14, 2003 and the special meeting of August 21, 2003. Buelterman seconded, and vote was unanimous. Buelterman said that he would like to ask Burke Day for permission to use some of the money from the grant we received from the state. This is allocated to recreation and may we use it for playground equipment? Burke said he had talked to Burke Day 1 1 and Eric Johnson, and they both said that would be fine. Burke said he didn't understand why this is before Council when it wasn't brought before Council when we asked for the grant. Parker said the grant was not for playground equipment originally. Buelterman said all he was asking for was a letter to the state for permission. Obviously, we wouldn't spend money from the state without permission from them. All agreed and Parker asked City Manager Thomson to write the letter. Youmans asked who was going to spend the money if we got it. Parker said the City, it would be brought back before the Council. Buelterman said he and Burke were at the Boating Committee meeting and they want to double the size of the ramp at Lazaretto Creek. Buelterman said it is a matter of pushing the County for some money. He said he has a letter from the DNR saying they support it but they need a matching amount of money from the County. Burke said the County says they are broke and don't have the money, is there any way we can loan them the money? Hughes said we could make an intergovernmental loan. Buelterman said that after many months of work, the cable company said they will supply all of the equipment and should be ready to record by the next meeting on October 9. He said it is just a matter of dotting i's and crossing t's. City Manager is to handle and get it done by the October 9, 2003 meeting. Buelterman said the letter from a congressman requested by the Corps of Engineers, asking for the old jetties to be removed, has been sent. Burke asked if we needed to expand the surfing area or just use the area from 17th Street South. Chief Price said after Labor Day up to Memorial Day, there really is no problem. It was decided for now, to leave it up to the Chief per the ordinance Youmans said he would like to give people a break when a tree is damaging the house. He said he would like to propose no fee or mitigation on permit to remove such a tree. All agreed, and Hughes is to prepare a text amendment. Crawford said that he would like for the City to help the residents on Lewis Avenue again with the purchase of candy for Halloween. Crawford motioned that the City double what was donated last year. Burke seconded and asked what the amount was last year. It was said that the amount was $800 and that would make $1600. this year. Vote was unanimous and details are to be handled by Chief of Police, City Manager and City Clerk. Trash is to be picked up the following morning, November 1, by people fulfilling their Community Service requirement. Crawford said we needed restroom facilities and suggested putting portolets at each end of the street. City Manager to have Public Works install. Burke asked if we had any lights that we could install to help children see as they walk down Lewis. Parker said the City Manager would see to that. Youmans said while we're on the subject of lights, he would like for someone to fix the street light by his house. He said he has reported it to the world. Parker told him to call the Police Dept., that they are the ones to take care of that. Crawford said he wanted everyone to understand, he is not trying to put any asphalt on any street. He is talking about the coral rock being put on the rest of Solomon Avenue. He said all comments have been favorable on the trial area. Crawford motioned to authorize the City Manager to install the rock on Solomon Avenue West to N. Campbell Avenue. Burke seconded. There was discussion regarding the white run -off and Crawford said that DOT said it was no threat to the environment. Youmans said he didn't think 1 %z months was long enough for a test. Buelterman agreed but said if someone was having respatory problems and this was helping, he would agree to do it in 1 1 1 certain places. Buelterman asked Thomson to check with FEMA on this. Vote was 4, Burke, Reynolds, Crawford and Barrow, in favor, and 2, Youmans and Buelterman, opposed. Crawford motioned for approval of IAM Construction proposal for drainage project of 14th and 15th Streets Parking Lot in the amount of $57,400, Burke seconded. The vote was delayed until Thomson could find the actual bid to be sure of the figures. Savannah Technical School will have classes for training and will come to Tybee. This is a program for specific job training. Crawford said instead of getting training and then finding a job, this will train for jobs and guarantee at least a job interview. GED will be available also. Crawford motioned for Thomson to get information and report to Council at the November meeting. Burke seconded. Vote was unanimous. Crawford said that just a couple of hours before the meeting, he had received a proposal from the Tybee Island Chamber of Commerce. Mayor Parker said that he had received a call from Jack Boylston, asking that we not make a decision until the Savannah Chamber had a chance to look at it. Crawford said that he would make a motion that we send this proposal to Savannah Chamber of Commerce, Bill Hubbard, and ask him to review and either accept or make a counter proposal. Burke Seconded. Youmans said they already had this proposal. Crawford said yes but not officially from the Council. We have to vote to send this proposal for their review. Youmans said we need to let them finish their negotiations because there will be some changes, like reducing the number of members from 15 to 5. Parker said he didn't think everyone understood what the motion was. Parker said the motion was to send this document that the local Chamber proposed to the Savannah Chamber for their review. Crawford said he didn't understand why all the discussion on this matter. He said Youmans was at the meeting and voted to send this letter to Savannah, and that this is the official way things are done. Cullen Chambers said he was a member of the Chamber and the intent of the Tybee Tourism Council was to present this proposal to the Chamber of Commerce. We need to present this document to them in order for the dialogue to continue. Vote was 5, Burke, Reynolds, Crawford, Buelterman and Barrow, in favor, and 1, Youmans, opposed. Reynolds said that the Planning Commission had brought to his attention the fact that we don't have a required number of parking spaces for a marina in our Code. Reynolds motioned that the Planning Commission study and make a recommendation of the number parking spaces required for a marina. Buelterman seconded, and the vote was unanimous. Burke asked where are we in our LARP Program. Parker said we had submitted a list and won't know anything until next year. Burke asked if we could find out what has been approved on the list and what the schedule is. Parker said we have the list but they just "pop up" and do the work without us knowing when or where. Thomson said the bid is $57,400 on the 14th and 15th Street parking lot. Burke said make sure they repave what they tear up. Thomson said the notes are called addendums to cover any obstacles encountered. Buelterman said there is no cap on any of the obstacles listed. Crawford said he would like to amend his motion for a cap of $70,000 on the project. Burke seconded the amendment. Vote was unanimous. Hughes recommended that Council reject the anti-litem regarding the Scotts and the collapsed deck on 11th Street. Burke moved for rejection, Youmans seconded. Vote was unanimous. 1 1 1 Burke said the Sally Pearce Nature Trail was in need of repairs and suggested that the City Manager get in touch with the Boy Scouts to see if they would be interested in taking the project. He said they could perhaps use this as credit toward a merit badge. City Manager agreed. Dee Anderson, Zoning Administrator, said the fence around the tennis courts is really bad shape. Anderson said he had received 2 bids and recommended Randy's Fence Co. at low bid of $11,500. Thomson said he and Finance Director, Jason Cowan, had been going over expenditures and would meet again next week and if they determine any of these projects cannot be done, he would come back to Council and let them know. Parker asked for a motion to accept the bid provided funds are available. Burke so moved, Buelterman seconded. Vote was unanimous. Jason Cowan, Finance Director, said that the Hotel/Motel Tax had broken even with last year's collections as of the August collections. Cowan said he had been looking at other options and comparing rates of return for our Georgia Fund One Account. He said currently and most of this year, we have averaged 1% return. First Chatham Bank has offered us 1 Y2% for the same funds. This represents 150% return or roughly $20,000. Parker asked what guarantee would we get. Cowan said it was just a straight interest money market account and guarantee is not any more than we have now. Cowan said there was another budgeting oversight on last year's budget. He said historically we allocated $65,000 to the Marine Science Center but this year only $25,000 was allocated. Cowan said he felt this was just an oversight, and was asking, for them, for the $40,000. Buelterman said he understood they budgeted for $65,000, and if we tell them now they are only going to get $25,000, they are in financial trouble. Youmans said last year we had to re -do and re -do the budget and had to cut some things out. Burke said the $65,000 was a one -time thing and then got carried over and became a two -year thing. Parker asked if we had enough to cover this additional money. Cowan answered, right now, no. Kathryn Williams said the MSC was told they had $65,000 and to withdraw that money now has serous consequences. We have already spent $33,600 and that means we are $8,000 over budget already. Parker asked if we were still paying them, and Cowan said no, not since this came to light. Buelterman said it would be hard for Council to vote on this tonight without having all the information. He asked if it would be possible for Cowan to report back to them at the meeting in 2 weeks what the situation is. Buelterman said if what Cowan is saying is accurate, not only would the MSC not get any more money this year but they would also have to pay back $8000 overage they received. All agreed the Finance Director would report back. Crawford asked if a motion was ever made concerning the Georgia Fund One Account. Parker answered no. Crawford motioned that the money be left in the Georgia Fund One for the time being. Youmans seconded. Parker asked if Crawford had any objections to receiving $20,000. Crawford said no but we have just gone on board with First Chatham and he thought we should hold back until after the first of the year to see how things were going with the new bank. Vote was 2, Crawford and Youmans, in favor, and 4, Buelterman, Reynolds, Burke and Barrow, opposed. Buelterman motioned to transfer the money, Reynolds seconded. Vote was 4, Buelterman, Reynolds, Burke and Barrow, in favor, and 2, Crawford and Youmans, opposed. Kelly Lewis, Director of the Marine Science Center, asked the Council to approve a new roof. She said the present roof is leaking in several places and was told it was not 1 1 1 feasible to repair and that it needed to be replaced. Burke motioned to approve new roof, Barrow seconded. Youmans said this goes in line with other projects, contingent on having the money. All agreed. Burke asked Lewis to check into the bids and find out why one bid was so much less than the other two. Thomson is to get some additional information on the low bid and be certain it is accurate and the company is reliable. Vote was unanimous. Price said a handicapped resident has applied to DNR for a permit to have a motorized vehicle on the beach. He said DNR is having a hearing on this issue next week. Price said this vehicle is not just a four - wheeler, but a very large vehicle. He said he realized this gentleman was handicapped, but because of many safety issues, he recommended against allowing any motorized vehicle on the beach. Burke motioned to deny the request, Reynolds seconded. Vote was unanimous. Thomson asked Chief Price to give Council a brief status report on having our own 911 System. Price said at the request of the Mayor and City Manager, he had checked into 911 systems and found that it would better our response time and bring in revenue, which now goes to the County. The up -front cost of about $7500. would be regained within 6 months by charging $1.50 per month, which is already charged. Price said we already have the equipment and the bottom line is, we make $18,000 a year. The money goes directly back into communications. This is just a discussion tonight and not up for a vote. Thomson has all the information to give to Council. Price told Council he had received 3 grants. He should receive the money within 30 to 60 days. Mayor Parker said he had recently signed a form requesting us to renew the radar. This will include the new speed limits on Highway 80. Price said we should get confirmation within the next 30 days. George Shaw, Intern with the City, gave a report on a Water /Sewer Tier Rate Schedule. Buelterman asked if this would help in water conservation. Shaw said it may not, but it would reward consumers with less usage. There was discussion regarding the impact of the new rates. Crawford motioned that we accept this proposal and try it for 6 months. Burke seconded. Youmans suggested that we arrange our water /sewer rate in accordance with the Cost of Living so that people are not hit with a large increase at one time. Thomson said that is exactly what everyone recommends. Vote was unanimous. Buelterman asked if the City had the manpower to check water usage on the Island. He said he hates riding around and seeing sprinklers running while it's raining. Thomson said he would assign this to Jimmy Brown. Crawford motioned for approval of Section 10 -1 -4, Speed Zones, on rd reading, Burke seconded. Vote was 5, Crawford, Burke, Reynolds, Buelterman and Barrow, in favor, and 1, Youmans, opposed. Crawford motioned for approval of Section 6 -1 -10 (D), Meter Costs, on 2nd reading, Reynolds seconded. Vote was unanimous. Buelterman motioned for approval of Section 6 -3 -3, Senior Citizen Base Charge, on 2nd reading, Youmans seconded. Vote was unanimous. Buelterman asked what the status was concerning a professional traffic /parking consultant. Thomson said he had talked with 2 traffic engineers and 2 parking consultants, who, he felt, could do the job. Their fees were well within guidelines. Thomson said it should be ready for the next Council meeting, and said he would recommend a traffic engineer. 1 1 1 As there was no further business, Mayor Parker adjourned the meeting. Clerk of Council Mayor Walter W. Parker 1 1 PROCLAMATION Whereas water is vital to the sustainability of life and has no existing substitute; and Whereas the world's population of 6.3 billion is projected to increase to nearly 9 billion before leveling off; and Whereas the population of the United States exceeds 291 million and it is estimated to increase to 600 million by the year 2100; and Whereas a recent study revealed that 58 areas of United States — from Florida and Georgia to western Texas to northern California and southern Oregon, as well as most of heartland U.S.A. — are water stressed; and Whereas 1.2 billion people worldwide already lack an adequate safe water supply; and Whereas 5 -7 million people die annually from water - related diseases, including 2.2 million children under the age five; and Whereas 20 percent of the world's population in 30 countries face water shortages today, a figure expected to rise to 30 percent of the world's population in 50 countries by 2025; and Whereas many water shortages stem from inefficient use, or unsustainable use of underground water in aquifers, which can take thousands of years to replace; and Whereas the theme of World Population Awareness Week 2003 is "Water: Our Most Precious Natural Resource ". Now therefore, I, Walter W. Parker, Mayor of the City of Tybee Island, do hereby proclaim October 20 -25, 2003 as: World Population Awareness Week and urge all of our citizens to conserve water whenever and wherever they can and, further, reflect on ways to ensure adequate safe water supplies for future generations. Adopted this 25th day of September 2003 Walter W. Parker, Mayor Clerk of Counc 1 1 1 6 -3-4 Senior Citizen Base Charge 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 6 Municipal Utilities, Chapter 3 Combined Water /Sewer Rate Schedule, Section 4 Senior Citizen Base Charge, be amended by admission to read as follows: Notwithstanding any other provisions hereof, the stand -by minimum base charge for any citizen of the City that qualifies for the ad valorem homestead exemption provided by Section 3 -2 -11 (b) 1 -5 shall be entitled to a 50% reduction in the minimum base charge. (ORD. 2003 -20; 9- 25-03) 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 25 day of September, 2003 Mayor Walter W. Parker City Clerk 1st Reading: 8 -14-03 2nd Reading: 9 -25 -03 Enacted: 9 -25 -03 Page 1 of 1 1 1 1 6 -1 -10 (D) Shallow Wells for Irrigation 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 _, Chapter _, Section_, be _ to read as follows: Section 1. Section 6-1 -10 is hereby amended to read as follows 6-1 -10 Tapping/stubbing fees, meters, and Aid to Construction Fees (A) Water and Sewer Tap and Stub Fees Water Tap Fees Dollar Amount Water Meter Size 550 3/4" 818.40 1" 1573 1 1/2" 1887.60 Above 2 "` Sewer Tap /Stubbing Fee 550 3/4" 818.40 1" 1573 1 1/2" 1887.60 * A ove 2" ... ..._........... * AS DETERMINED BY THE CITY MANAGER Water tapping and sewer stubbing fees for a water consumer will be based on the following formula. The fee shall cover the cost of the meter and inspection of installation of same. Actual installation of both lines and meter shall be the responsibility of the applicant. This tapping stubbing fee is payable in advance. (B) Meter Costs - Additional The cost for a water meter for sprinkler systems, swimming pools,etc. shall be based on the size of meter deemed necessary by the Water and Sewer department supervisor and/or his designee. The following rates cover the cost of the meter only. The property owner is responsible for both installation of meter and running of necessary lines. ( 1) Three- fourths (3/4) inch and $350.00 five - eights (5/8) inch ( 2) One inch 520.00 ( 3) One and one half (1 1/2 ") inch 1000.00 (4) Two inches 1200.00 (5) Above two inches will be Page 1 of 4 1 1 1 6 -1 -10 (D) Shallow Wells for Irrigation cost plus twenty -five (25 %) percent. (Code 1970, 20 -20; Ord No. 5 -1980, 10 -8 -80; Ord. No. 6 -1980, 10- 1980)(1997 -53; 8/14/97) In addition to the above tap and stub fees, the following Aid to Construction fees will apply: (ORD. 1998 -08; 3/26/98) NEW (C) Whereas, the Mayor and Council of Tybee Island, Georgia seek to expand the City's existing wastewater treatment facilities, and Whereas, the Mayor and Council of Tybee Island, Georgia, desire to ease the burden of such expansion of its facilities on the current users, the City Council shall enact the following Aid to Construction to be applied to customers that wish to connect to the City's wastewater utility system; Now therefore, be it enacted and ordained by the Mayor and Council of Tybee Island that: 1. In order to connect to the City's Wastewater Utility System all users shall pay an Aid to Construction Fee in addition to any tap or other fee required. The Aid to Construction Fee shall be paid prior to connecting to the City's Wastewater System. A written agreement between the City and each user will be executed upon payment of fees and prior to construction of facilities. 2.The Aid to Construction Fee shall be set by the City Council as an aid to the cost of expanding or upgrading the City's wastewater treatment facilities and /or collection system including future expansion of the plant or upgrading of facilities (including legal, engineering, construction and administrative costs) at $4.00 per gallons per day or anticipated use.(Ord. 2002 -17; 7/11/2002). 3. The Aid to Construction Fee shall be calculated by the City and shall be based on the average daily consumption of each type of establishment as outlined in Number 4 below. 4. The following Water Use Standards shall be used by the City in establishing the average daily consumption of users for the purpose of calculating the Aid to Construction Fee. Where categories are not listed, the City through its Consulting Engineer will calculate the project's contributory load factor (wastewater usage) and present the calculated load factor to the City Council for approval. 5. In connection with additions of heating and /or cooled space to existing structures, the id to construction fee shall apply upon application for a building permit to such structures and shall be calculated at the rate of $.50 per square foot of the additional heated and /or cooled space. * $1,200 /Unit minimum; $1.00 per foot above 1,200 square foot.(Ord. 2002 -17; 7/11/2002) Type of Structure Water Usage in Gallons Per Day Aid to Construction @$4./Unit Apartment, (& Other Dwelling Units) Assembly Hall 3 per seat 12 Barber Shop/Beauty Parlor 125 per chair 500 Boarding House ** 100 per room 400 Bowling Alley 50 per lane 200 Church without Day Care or 5 per seat 20 Kindergarten Page 2 of 4 1 1 1 6 -1 -10 (D) Shallow Wells for Irrigation Clinic Correction Institution Country Club, Recreation Facilities Only Day Care Center, no meals Dental Office Department Store Drug Store Fountain Service - Add Meals - Add Food Service Establishments with Restrooms and Kitchen ** 1.) Restaurant, less than 24 hours per day operation 2.) Cafeteria, less than 24 hours per day operation 3.) Restaurant, 24 hours per day operation 4.) Drive -in Restaurant 5.) Carry-out Only Hospital Hotel, No kitchen Kindergarten, No Meals Kitchen for Day Care, Kindergarten Laundry, Self Service Laundry, Commercial Mobile Home Park Motel, No Kitchen Nursing/Personal Care Home Office Physician's Office Prison Schools: 1.) Boarding 2.) Day, Restrooms only 3.) Day, Restrooms and Cafeteria 4.) Day, Restrooms, Gym, Cafeteria Service Stations: 1.) Car Wash Only 2.) Fuel and Oil Only 3.) Full Service Shopping Center Stadium Tavern, Bar, Cocktail Lounge - No Meals Theater Travel Trailer Park 150 per exam room 125 per bed 25 per member 15 per person 200 per chair 10 per 100 sq.ft. 500 per store 1500 per store 50 per seat 32 per seat 63 per seat 100 per seat 50 per car space 75 per 100 sq.ft. 250 per bed 100 per room 15 per person 20 per person 200 per machine 1,000 per machine 300 per site 100 per room 150 per bed 30 per 200 sq. ft. 200 per exam room 60 per person 100 per person 15 per person 20 per person 25 per person 1,000 per stall 300 per pump 850 plus 300 per pump 10 per 100 sq, ft. 2 Per Seat 30 per seat 600 500 100 60 800 40 2000 6000 200 128 252 400 200 300 1000 400 60 80 800 4000 1200 400 600 120 800 240 400 60 80 100 4000 1200 3400 & 1200 40 8 120 5 per seat 20 Page 3 of 4 1 1 6 -1 -10 (D) Shallow Wells for Irrigation 1.) With independent Water and 175 per site Sewer Connection 2.) Without independent Water 35 per site and Sewer Connection Residential construction ORD. 2002-17;7/11/2002) 700 140 $1. per square foot of * heated and /or cooled space * ** Add 500 Gallons per machine to amount indicated if laundry or dishwashing machines are to be installed. (ORD. 1999-18; 06 /10 /99)Ord. 2002 -12; 6/13/2002) D Consistent with the City's policy promoting the use of shallow water wells for irrigation and other appropriate purposes. where approp late and consistent with all regulations pertaining_to the same, any individual who has previously purchased a water meter for the operation of irrigation system which is being rendered unnecessary by the implementation. of a shallow water well shall be entitled to a refund on the charge for the water meter imposed pursuant to subsection {B) hereof upon returning the meter to the City. Thereafter, such system may not be reconnected to the City's water system `thout resecuring and repaying for the meter. (ORD> 2003 -19: 9-25 -031 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 25 day of September, 2003 Mayor Walter W. Parker City Clerk 1st Reading: 8 -14-03 2nd Reading: 9 -25 -03 Enacted: 9 -25 -03 Page 4 of 4 1 1 10 -1-4 Speed Limits ORDINANCE NO. 2003-18 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 4 Speed Limits, be amended to read as follows: Section 1. Section 10 -1 -4 is hereby amended to read as follows 10 -1 -4 SPEED ZONES Pursuant to Section 40 -6 -183 of the Official Code of Georgia Annotated Concerning Local Authorities power to alter lawful speed limits, the following ordinance regulating speed limits within the City of Tybee Island, Chatham County, Georgia, is adopted. Be it ordained by the Mayor and Councilmen of Tybee Island, Chatham County, Georgia, that the following speed zones are hereby established based on an engineering and traffic investigation as prescribed by law. S.R. FROM M.L. TO M.L. Length in SPEED Miles LIMIT ON- SYSTEM HIGHWAYS S.R. 261US'- 80 FRo 8m vi CR 76 =1'� M b. !1 Vest of 3 Cat. a Md 33, 26/US 80 TYBEE IS CITY 32.66 31.17 LENGTH MILES0.4, 1.510.80 SPEED- 5=j 3M' -I-. 26/US 80 BYERS T0.24' 34.17 34.66 9.49}f1 4 26/US 80 26/US 80 n venue: 828 rdl Street 35.345 6 O;45 35MP 26/US/80 -261618/80 2ND- ^ CS;82 3RD ST, hest of CS th Street 35.31', 35.62361 11 &2-1 fi-: 11TH Page 1 of 2 1 1 1 10 -1 -4 Speed Limits SCHOOL ZONE 26/US 80 - BUTLER AVENUE mpg, from 7:30 am to 8:30 am. and from 2:30 pm. to 3:30 pm. on school days only. SCHOOL DAYS ONLY 0730 -0830; 1430 -1530; CS 831 4th Street: Mile Point 35.65: To 0/02 mil east of CS 822 8th Street: Mile Point 3686: Length in Miles 0.43: Speed Limit 30 MPH.(ORD. 2003 -18; 9/25/03) Sims to be erected by the Department of Public Transportation for all state routes. OFF - SYSTEM HIGHWAYS ROAD NAME FROM TO MILES SPEED LMT Lewis Ave 6th St. SR 26 0.50 20mph Jones Ave 26/US 80 17th St. 1.60 25mph Chatham Av Inlet Ave 14th St. 0.50 30mph Jones Avenue will be a NO Passing Zone BE IT RESOLVED, that persons convicted of violating this ordinance shall be punished as provided for by law. (ORD. 1992 -6) (ORD. 1992 -23) All Ordinances and parts of ordinances inconsistent with this ordinance shall be repealed. This Ordinance shall become effective when appropriate signs are erected. (ORD. 1993 -2; March) (Ord.1996- 24;10/10/96)(1998 -07; 3/12/98) • 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 25th day of September, 2003 Mayor Walter W. Parker City Clerk 1st Reading: 8/14/03 2nd Reading: 9/25/03 Enacted: 9/25/03 Page 2 of 2 1 1 1 5 -140 (b)(d) Minor Subdivison ORDINANCE NO.2003 -21 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 Development Code, Article 5 Procedures for Administration and Enforcement , Section(s) 140 (b) and (d) Minor Subdivison Plat Approval Procedure, be amended to read as follows: Section 1. Section 5 -140 is hereby amended to read as follows 5 -140 MINOR SUBDIVISION PLAT APPROVAL PROCEDURE Minor subdivisions may be submitted as final plats, and shall comply with the requirements of these regulations, including minimum finished floor elevation requirements, with the following exceptions: (A) Setback and dead -end street regulations established in the subdivision ordinance will not apply unless the streets' original development and the lots' original establishment was governed by this chapter. Setback shall not be less than the average setback existing in the blocks on each and of the affected city block, in the street affected. (B) Topographic information shall net be required4 unless specifically - requested -by -the city.(ORD. 2003- 21:10/9/03) (C) Only one benchmark shall be required. An existing accessible benchmark within two hundred (200) feet of petitioner's property, if shown on the plat, shall satisfy this requirement. (D) The developer shall submit a drainage plan for approval; if requested by the eif(Ord. 2003 -21: 10/9/03) (E) Provided that where a series of minor subdivisions are developed or proposed immediately adjacent to one another, the planning commission or mayor and council may require the developer to comply with the procedures for major subdivisions. (F) Residential lots having peculiar shape or topography may be approved utilizing private driveway access easements, provided the purpose and intent of these regulations are met. Such easements shall have a minimum width of twenty (20) feet. The following notation shall be placed on the subdivision plat: "The private driveway access easement is hereby dedicated perpetually for use by the owners and residents of all lots within this subdivision and will not be maintained by the city." This provision will only be applicable to minor subdivisions. (G) Duplexes separated by a fire wall that extends at least three feet (3') above the roof line. 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 Page 1 of 2 5 -140 (b)(d) Minor Subdivison Jacquelyn R. Brown, Clerk of Council 1st Reading:9 /25/03 2nd Reading:10 /9/03 Enacted:10 /9/03 Page 2 of 2 1 1 1 RESOLUTION Resolution authorizing the contracting with the Georgia Department of Transportation for funding under the Intermodal Surface Transportation Efficiency At of 1991. Whereas, the Secretary of the U.S. Department of Transportation and the Commissioner of the Georgia Department of Transportation are authorized to contract for Transportation Enhancement Projects; and Whereas, the contract for financial assistance will impose certain obligations upon the City of Tybee, including the provision of its local share of the project cost in the project ; and Whereas, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Intermodial Surface Transportation Efficiency Act the applicant gives an assurance that it will comply with Title VI of the Civil Rights act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements thereunder; and Whereas, it is the goal of the City of Tybee Island that Disadvantaged Business Enterprises be utilized to the fullest extent possible in connection with the project and that the definite procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TYBEE ISLAND 1. That the City of Tybee Island is authorized to execute contract on behalf of the Tybee Island Historic Society with the Georgia Department of Transportation for assistance in financing construction, and all other activities incidental thereto, of Transportation Enhancement Activity projects pursuant to Section 133 (b) (8) of Title 23 U,S.C.; and all other provisions as set forth in the contract with the Georgia Department of Transportation. 2. That the City of Tybee Island is authorized to execute and file an assurance or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the City of Tybee Island is authorized to furnish such additional information as the U.S. Department of Transportation and the Georgia Department of Transportation may require in connection with the application for the Transportation Enhancement Activity project and budget. 1 1 1 4. That the City of Tybee .Island is authorized to set forth and execute affirmative disadvantaged business policies in connection with the Transportation Enhancement Activity. COO. !CATION The undersigned duly qualified and acting as mayor of the CITY OF TYBEE ISLAND certifies the following: The CITY OF TYBER ISLAND has contributed the sum $ -O- towards preliminary engineering for this project. The CITY OF TYBEE ISLAND has identified sufficient resources to complete the Scope of Work for this project and make all payments not covered by the federal Transportation Enhancement Activity funding contribution. The foregoing is a true and correct copy of a reso . tion ado • ted at a legally convened meeting of the Tybee Island City Council on a Mayor Walter W. Parker 3aeotution WHEREAS, The Coastal Georgia Regional Development Center received funding assistance from the Georgia Department of Community Affairs to assist in the review and revision of the sign and tree protection ordinances for the City of Tybee Island; and WHEREAS, these guidelines were created and are being reviewed for implementation to the City of Tybee Island Land Development Code; and WHEREAS, the Coastal Georgia Regional Development Center prepared and submitted these guidelines to the City for review and adoption; and WHEREAS, the City of Tybee Island has not yet completed the formal review process of these guidelines at this time; BE IT THEREFORE RESOLVED, that the City of Tybee Island hereby disapproves of adoption of these ordinances until such review activities are complete by the City. Adopted this — day of By: W.Iter W. P. - ayor 2003.