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@ @ITEM 2004 -03 -25 City Council Minutes
Mayor Walter Parker called the March 25, 2004 City Council Meeting to order at 7:00
PM. In addition to Mayor Parker, those attending were Council Members Jason
Buelterman, Eddie Crone, Mallory Pearce, Shirley Sessions, Paul Wolff and Jack
Youmans. City Manager, Bob Thomson and City Attorney, Edward Hughes were also
present.
Father Costigan of St. Michael's Church gave the invocation and everyone recited the
Pledge of Allegiance.
Mayor Parker announced the meeting for Long Range Transportation Plan for the East
Side would be held at the Island's Community Center, 160 Wilmington Island Road, at
6:00 PM Tuesday, March 30, 2004.
Kellie Lewis, Executive Director of the Marine Science Center, Gave a brief report on the
on going activities. Lewis, Kathy Sakas, President of the MSC and Kathryn Williams,
Past President thanked the City for their support over the pas 10 years. Lewis said she
would keep Council informed of plans and activities. Lewis said the largest project now
is the issue of the building. She said they have outgrown the building and there is no
handicap access. Lewis said she is asking for $50,000 from SPLOST funding. Pearce
asked if the new building would be located at the same spot or somewhere else. Lewis
said they would tear down the present building and rebuild in the same location. Parker
said he didn't remember anything being mentioned in the documentation regarding
tearing that building down. Kathryn Williams said they had contacted the Department of
the Interior. They told her the building was constructed in 1979, and because of the age it
could be torn down if all of the stipulations were followed concerning the restrooms.
Williams said they had a letter stating this. Parker asked for a copy of this letter. Lewis
said all of this depends on a feasibility study, which would take about 21/2 months.
Wolff asked if they could continue to operate while under construction. Lewis said yes,
if they could find 2 classrooms that hold 30 people with a close proximity to the beach.
Parker asked if they worked with the 4 -H Center. Lewis said yes, they have students that
come to the Center and work with staff.
Jeff Schroeder asked Council to designate parking spaces in front of their home on 17th
Street as Resident Parking. He said the condo development on that street has taken all
the street parking and there is no place left to park. Parker said that the City had a group
of people working on parking plans and would take this to them for recommendations.
Mayor Parker opened the meeting for business legally presented.
Pearce motioned to give the $50,000 to the Marine Science Center. The question was
asked where from? Sessions said that Chris Lightle had forwarded some information to
Kathryn Williams and there is money there. Sessions added that it would have been nice
if Council had received the same information. Parker interrupted and said we had a
motion on the floor with no second. Sessions seconded. Thomson said he had a meeting
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with Lightle and Hughes regarding the '98 SPLOST. Thomson said according to Lightle
we had a balance of around $400,000 that could be spent on non - profit organizations as
long as it goes for capital projects. Youmans said Council gave MSC $65,000 in the
budget for this year. Sessions questioned which Council. Buelterman said the last
Council voted on the budget. Thomson said that $65,000 would not have restrictions on
it but this would have because it is SPLOST money. Buelterman asked if we had any
breakdown of money received on the new SPLOST allocations. Thomson said he
thought it was somewhere around $27,000. Buelterman said, as he understands it, we can
take some of the '98 SPLOST and give it to the MSC, and then when the new SPLOST
money comes in, we can use that for the gym. Thomson said yes, it could be done that
way. Youmans said that money for the gym in the '98 SPLOST couldn't be used for
anything else. Sessions said her understanding was that money could only be spent on
drainage and any overage could go to the non - profits. Hughes said in the agreement, the
money in category 1 is to be spent on drainage. He said the money in category 4 is for
other capital improvements, which include the non - profits but also can be spent on the
gym. Hughes said we have about $492,000 in that fund. He said $33,000 has to be used
on greenspace so you have to back that out. Hughes continued saying $58,000 is for
public safety projects, which is the fire engine and we should repay the General Fund.
The balance can be used for capital improvements or non - profits. Buelterman said we
had $492,000 in the '98 SPLOST, minus $33,000, $58,000, $75,000 (Historical Society)
and that leaves a balance of roughly $326,000. Buelterman said we had to get $170,000
from the new SPLOST to reimburse funds for the gym. He said he wants to see that in
writing before allocating additional funds. Parker said that the money couldn't be shown
in writing as it is still coming in. He said he was sure we would get the money from the
County. Parker called for a vote. The vote was 4, Wolff, Sessions, Crone and Pearce, in
favor of $50,000 to the MSC, and 2, Youmans and Buelterman, opposed.
Pearce motioned for approval of Alcohol Beverage License for Cap'n Chris Restaurant,
1415 Butler Avenue, for Chris Simon, Wolff seconded. Vote was unanimous.
Crone motioned for approval of Alcohol Beverage License for Gayna's Pub & Outback
Cafe, 725 1st Street, Gayna Bernstein, Pearce seconded. Vote was unanimous.
Pearce motioned to approve minutes of March 11, 2004 meeting, Sessions seconded.
Vote was unanimous.
Department reports began with Mark Williams for Water /Sewer and Department of
Public Works. For March Williams reported:
1. 20 acres cut on the Island
2. Inspected all beach side shower, repaired and now working
3. Completed lowering beach rules signs to eye level
4. 100 man hours picking up street side trash
5. 80 man hours picking up beach trash'
6. Completed planting palm trees and installing planter boxes with Tybee
Beautification Assn.
7. Installed coral rock in new parking area
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8. Had 29 palm trees donated to the City and are planting them at the North
Beach parking area.
9. Assisted in the planting of wax myrtle trees at Jaycee Park
10. Repaired catch basin on the Strand in front of Spanky's
11. Installed guard rail on 6th St. along a deep ditch
12. Completed a handicap accessible walkway at the 5th St. entrance to the
school and made that the main entrance
Williams commended the Public Works employees for the hard work and said they are
doing an excellent job.
For the Water /Sewer Department, Williams reported for March:
1. Completed reading water meters for billing
2. Painting new grip collar at treatment plant
3. Cleaning up around treatment plant and have removed several tons of dirt
4. Plan to put in some fill dirt and plant grass
5. Talking with EPD regarding claiming some of our affluent for irrigation at
the plant
6. Plans for aerator and basin have been approved by the City and have
submitted to EPD for approval
7. In process of painting all of the well houses
8. Completed installing lights at all of the well houses
9. Installed security bars
10. Replaced a 8" broken in line water valve at Miller Ave. and 4th St.
(Notified the people in the area before and had very few complaints.)
11. Taking bids for installation of 6" fire main along Solomon Ave. between
Polk St. and McKenzie St. replacing a 2" main, and will install 3 fire
hydrants in anticipation of future growth
Williams said the Water /Sewer Department employees have also done a great job. He
praised both of his departments for the great people they are. Sessions agreed and
commended Williams on the great job he was doing. Youmans said the Police Chief was
in the office and complained about the signs being so low. He said the Chief said people,
walking the beach at night, were knocking their heads.
Chief of Police, Jimmy Price gave the report for the Police Department:
1 Installed new speed sign on Highway 80. Officers wrote 25 or 30 tickets
in a little over an hour.
2. Wrote 58 dog tickets in 58 days
3. Watching for people leaving litter on the beach but hard to write tickets.
(Kathryn Williams said the ordinance says trash is to be contained and the
officers don't have to see people actually leaving trash.)
4. Vehicle counter is working
Parker said this is another good department and thinks this is the best Police Department
we have had in years.
Sessions asked about the G -8 plans and the annual student party at Tybee. Price said they
attend meetings for G -8 twice a month. He said a check of the area hotels and motels
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show no blocks or books of reservations. The tradition has always been the 1St weekend
in May for the student party and that would be May 1.
Dee Anderson reported on activities in Human Resource Department:
1. Working on health insurance proposal
2. Met with employees and explained benefits of new insurance
3. Called 2 other municipalities and 1 private company that have same
coverage and there have been no problems with payment of claims
4. Most employees have HMO now with BC/BS and their network of doctors
is limited. This company has more doctors in their network and most
employees found that their doctor is included.
5. Co -pay on prescriptions has been reduced to 10/25/40
6. Savings of $6,000 to $8,000 per month to the City with this insurance
7. Public Works employees say they are happy with present insurance and
just don't want to go through a change
8. There is out of town coverage and there is no coverage with BC/BS with
out of network doctors
9. Have short term disability plans of up to 120 days - employees can choose
appropriate plan for their needs. BC/BS has no short term disability plan
10. There is also an optional vision care plan
11. To keep prices United Healthcare has offered, we should enact it by
May 1, 2004.
12. Would be in effect for 12 months — renewed every 12 months
Sessions motioned to accept this new insurance plan, Wolff seconded. Hughes said this
would involve an ordinance change to the GMA plan we have now. Hughes said GMA
required a 30 -day notice and asked Anderson if had talked with GMA. Anderson yes but
couldn't remember the name. Sessions asked if they should wait before taking action
until everything was taken care of. Hughes said he wanted to make sure there would be
no retirement issues and that retirees were not going to be hurt. He recommended that
action be taken in order to take advantage of May 1 prices. Vote was 3, Wolff, Sessions
and Pearce, for new plan and 3, Youmans, Buelterman and Crone, opposed. Parker voted
in favor of new plan to break tie.
Dee Anderson asked Chuck Bargeron to report on new message sign. Bargeron reported:
1. In process of obtaining bids for new sign, and partial information is in
packets from Sign Mart, AAA Signs and Sign Graphics
2. Budgeted $20,000 but bids have been beyond that amount
3. Do not need permit from DOT because of sign being for public
information for a municipality
4. Automatic through radio or computer and can program multiple messages
in advance
5. To get information regarding maintenance, warranty and references
6. Installation and training included
7. Check on effects of salt water and salt air
8. Aesthetics to be determined
9. Sign at entrance to Tybee
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Buelterman asked about the repaving of the parking lots and said we should get this done
as soon as possible. Thomson said he had talked with the County about buying materials
through them and possible save money. Thomson said he had called the State and there
is a chance of even greater savings. Thomson asked if this could be tabled until the
April 8, 2004 meeting so that he can get some specifics.
Wolff said that each Council member had the list of the Water Committee nominees and
said that Billy Doniel had requested his name be withdrawn to avoid the appearance of
conflict of interest. Wolff said he would like these members to be on a combined
committee of Water Conservation and Storm Drainage. He said the 1st meeting is
scheduled for March 31 at 7 PM here at City Hall. Wolff motioned to approve Deb
Barriero, Jimmy Burke, Bill Cannon, Dennis Hutton, Eddie Sheppard and Mark Williams
as members of the committee, Pearce seconded. Youmans said to be sure these members
know that their meetings have to be advertised. Vote was unanimous.
Wolff said he and Janice Elliott had met twice with Waste Management personnel to
discuss recycling of aluminum. He said they could get cans for the beach areas for
$45.00 each. Wolff motioned to purchase 12 cans and have a pilot program to see if
people would put cans in the containers or use them for any kind of trash, Pearce
seconded. Parker asked if they had contacted Dodie Gay regarding recycling. Mark
Williams said he would like to test around the pier for a couple of weekends. He said in
the past month, he had 81 man-hours for trash pickup on the beach. Sessions said she
thought this was a good idea and agreed with Parker that we should contact Dodie Gay.
Wolff said our contract with Waste Management is due for renewal on June 1, 2004.
Youmans said we used to pick up our garbage and since we contracted with Waste
Management the City's cost has increased. Vote was 4, Wolff, Sessions, Buelterman and
Pearce, in favor of trial, and 2, Youmans and Crone, opposed.
Wolff said he had seen no proposals for an overhead door and sprinkler system for the
gym. Thomson said he had asked for this but so far hasn't seen anything. Thomson said
Buelterman has asked for someone from HGB &D to come to our next meeting.
Hughes recommended denial for Anti Litem for Peterson. Youmans motioned for denial,
Wolff seconded. Vote was unanimous for denial.
Hughes said the last Council approved an experimental graduated water rate and it needs
to be clarified. Hughes said an ordinance was sent down to codify the water /sewer rate.
Wolff said he had some problems with the rate structure as it is and we should review it
closely before approving. Parker reminded everyone that we are bound by our bond that
we charge a certain amount. Wolff said he would have the Water Committee work on it.
Hughes said that the Growth Management ordinance was currently at the Planning
Commission. He said the density issue and growth management should be looked at
together. Hughes said this would require a set amount of square feet per unit. Sessions
asked if he was saying the two issues should be incorporated. Hughes said he though the
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2 ordinances should be reviewed at the same time. All agreed that the Planning
Commission should review both at the same time and make recommendations.
Hughes said we have had some issues with smaller contractors in the past. He said he
had met with George Shaw and Dee Anderson to discuss this issue. Hughes said they
discussed a standard set of bid documents and wanted to know if this was something the
Council wanted him to pursue. Sessions said in past audits, tighter purchase regulations
were recommended and she thought this would be a step in the right direction. Sessions
said she thought something in writing was a lot easier to enforce. She said things should
be spelled out as to services and expectations. Hughes said we have something, the
restroom renovations, in which we can be very specific. Crone said he thought we should
be really specific on what was a finished job and what was an unfinished job. Sessions
said we should have only one person authorized to deal with the contractor and that
he /she be the only one to make changes.
City Manager Bob Thomson said we have an opportunity to save the City from $50,000
to $564,000, depending on the number of employees who participate, in an early
retirement package. This would be a strictly voluntary program. In the last program, the
City has saved from $150,000 to $175,000. GMA will give us a date that we can work
with.
Thomson gave each Council member a comparison of the planning firms. He asked each
to review and then get back with him with any questions or suggestions.
Pearce motioned for approval on 2nd reading the Text Amendment of Sec. 7 -6 -1
Conveyance of Property to Abutting Owners, Buelterman seconded. Vote was 5, Wolff,
Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed.
Mayor Parker said that back in November, he had spoken with Chief of Police Jimmy
Price regarding purchasing a car for City Hall. He said the idea was to have 2 serviceable
vehicles for long trips. Parker said the Mercury was to be sold or transferred to another
department. The Police Dept. was buying 2 cars and to get a better price, the 3rd would
be purchased through them. The 3rd car was never intended for use by the Police Dept.
Parker said this is the way it has been done since 1993. Parker said the Mayor travels just
about every day on City business and thinks it is unreasonable to leave the car at City
Hall and have to change cars every time he goes somewhere. Parker said he sees no
reason for the Mayor not to be able to take the car home, as long as it is available for
other officials or staff to use when needed. Pearce motioned for Mayor to have vehicle
and be able to take home, Youmans seconded. Sessions said she thought we should set a
procedure or policy so this would not come again. Youmans said citizens had voiced
concerns that City Hall is getting a new car instead of Police Dept. Youmans said the this
Mayor had brought millions of dollars into this Island and probably 4 out of 5 days a
week, he goes somewhere on City business. Youmans and Pearce said they had talked
with Chief Price, and Price had said there was never any intention of the Police Dept.
getting 3 cars, only 2. Thomson said he had approved the purchase. Sessions said that
Mayor Parker had done a great job for the City, especially in Washington for Beach
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Renourishment. Vote was 4, Wolff, Youmans, Sessions and Pearce, in favor, and 2,
Crone and Buelterman, opposed.
Parker said next on agenda was Action Items.
1. Chamber of Commerce contract. Hughes sent letter and is expecting to hear
from Hubbard.
2. Request for handicap parking space at 18th St. referred to Frankie Conaway.
3. Beach signs lowered.
4. Noise ordinance to PC. for next meeting
5. WEB address is on water bills
6. Thomson and Hughes to recommend changes on YMCA contract, and should
have some information at the April 8th meeting
7. Financial statements from organizations receiving money from the City on a
quarterly basis
8. Greenspace Committee — on going
9. Water Committee — on going
10. Audit Committee — on going
11. Gym Committee — on going
12. Committee meetings to be advertised — Clerk to check
13. Monthly copies of money being spent on gym
14. Monthly copies of report of checks that have been issued
15. Updated information on repairs to restrooms — on going
16. Survey on parks at next meeting — Thomson
17. Showers and changing rooms to encourage day trippers to stay — include in
bids
18. Fly -over photo has been done — Deb Barriero
Wolff motioned to adjourn to executive session to discuss personnel, litigation and real
estate, Pearce seconded. Vote was unanimous.
Pearce motioned to return to regular session, Youmans seconded. Vote was unanimous.
There being no further business, Mayor Parker adjourned the meeting.
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Diane Sikes
Clerk of Council
Walter W. Parke
Mayor
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STATE OF GEORGIA
)
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized to
administer oaths, \iJ ;- p_ Doe. ► , 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 5
day of rn rte , 2004.
(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 25
of in , -,, , 2004, which was closed for the purpose(s) of
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 O.C.G.A.
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' 50- 14 -4(b) that such an affidavit be executed.
ThisePS day of fl1 fret , 2004.
Sworn to and subscribed
before me this 62-5 day
of /11 1.c , 2004.
•a'l't A. t .x."�.<..� � A.,c!�'..� -+
N Public
JANICE.G. ELLIOTT
Notary Public, Chatham Courtly, GA
My Commission Expires July7, 2007
g:\common \emh \14536taffiday.01
Mayor/Presiding Officer
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Section 7 -6 -1 Conveyance of Property to Abutting Owners
Purpose: The purpose of this ordinance is to provide a procedure for the conveyance by
quitclaim deed of City property to abutting owners who wsh to apply for such a conveyance
when the conveyance is deemed to be appropriate in all respects, is for adequate consideration,
and which will permit the highest and best use of the property.
1. Anyone owning real property in the City which abuts real property of the City who wishes
to apply for a conevyance of a portion or all of the abutting City property shall first make
application to the City by directing a written request to the Clerk of Council. The request shall
be accompanied by a map, diagram or sketch of the property sought to be conveyed and the
abutting properties and the writing shall state the reason the applicant believes that the
conveyance is appropriate. When the Clerk of Council receives an appropriate application, the
Clerk sahll distribut copies thereof to the City Manager and/or to all department heads of the City
as directed by the City Manager as well as to the Mayor and Council. Department heads should
comment to the City Manager on whether or not, in their opinion, the proposed conveyance is in
the best interest of the City. The City Manager shall report to the department heads all findings
to the Mayor and COuncil within forty -five (45) days of receipt by the Clerk of Council of the
applicant's written request. At the following meeting of the Mayor and Council, the matter
should be considered and the Mayor and Council should determine whether the City is or is not
preiminarily interested in pursuing the matter further. In the event the Mayor and Council are
receptive to the applicant's proposal, the expression of such interest shall not be binding on the
City and the City shall not be committed at any point in the process until after it has expressly
agreed to be bound to make the conveyance for a specified consideration.
2. Once the City, through the Mayor and Council, has expressed an interest in the applicant's
proposal, the applicant shall, within sixty (60) days of the vote by the Mayor and Coucnil, expressing
such interest, obtain a survey of the effected area as well as an appraisal by a qualified real estate
appraiser from a list of aceptable appraisers designated by the City manager so as to establish the value
of the property involved in the conveyance. The applicant shall then submit the request along with the
appraisal, survey and related materail to the Clerk of Coucnil who shall refer the matter to the Planning
Commission, which shall review the matter and make a recommendation to the Mayor and Council. The Mayor
and Council to either approve the conveyance, approve with contingencies, to consider alternatives, or to
deny the request.
3. A publci hearing shall be conducted by the Mayor and Council in an open council
meeting concerning the applicant's request prior to any conveyance being consummated. The
public hearing sahll be advertised and conducted by following the procedures used by the City
for conducting public hearings on zoning matters.
4. The City is not required to accept the amount of the appraisal and may negotiate for a
higher price or amy reject the proposal entirely or in parts. Once the agreed upon condiseration
has been paid to the City in connection with an approved conveyance and an consideration has
been paid tot he City in connection with an appproved conveyance and an appropriate resolution
with a plat or survey attached has been adopted, the City may convey by quitclaim deed whatever
interest the City might possess in the effected property.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
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and if any phrase , clause, sentence, papragraph or section of this ordinance shall be declared
illegal by the valis judgements or decree of any court of competent jurisdiction, such illegality
shall not effect any of the remaining phases, clauses, sentences, paragraphs and section of the
ordiance.
This ordinance shall be codified in a manner consistet with laws of the State of Georgia
and the City of Tybee Island. (ORD. 2002 -19; 8/8/03)
(2004 -04, Amended, 10/12/2004; Ord. 2004 -04, Amended, 03/25/2004; Ord. error in computer publishing, Amended,
02/10/2003)
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