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@ @ITEM 2004 -06 -10 City Council Minutes
Mayor Walter Parker called the June 10, 2004 City Council meeting to order at 7:00 PM.
Those Council Members in attendance were Jason Buelterman, Mallory Pearce, Shirley
Sessions, Paul Wolff and Jack Youmans. Eddie Crone was out of town due to a death in
the family. Also present was City Attorney Edward Hughes and Dee Anderson, who was
Acting City Manager for Bob Thomson who was ill.
Rev. Eddie Atkins gave the invocation and everyone recited the Pledge of Allegiance.
Mary Catherine Moss, candidate for Chief Judge of Magistrate Court was ill and could
not attend.
Herman Coolidge, candidate for Judge of State Court, said he was running for a newly
created position. He said he had been a Judge in Municipal Court for 23 years and was
the only candidate with judicial experience. He asked for support and votes in the July
20, 2004 election. He reminded everyone that this race would not be on the ballot in
November 2004.
Michael Barker, candidate for Judge of Magistrate Court, said he was now in that
position and had the experience necessary. He said, as a Judge, only 1 in 25 rulings had
been appealed. He said this is non - partisan and asked for support and votes.
Penny Haas Freeseman, candidate for Judge of Superior Court, said she is running for 1
of 6 positions as Judge. She said there are 13 people running for those 6 positions. She
said she had judicial experience in State and Recorders Courts. She urged everyone to
vote on July 20th and asked for support.
Pat Jarrell did not appear.
Gwen Fortson Waring, candidate for Chief Judge of Superior Court, said she was running
against Judge Perry Brannen for this position. She said she had experience and wanted to
be part of the solution to the growing problem of young offenders. She asked for support
and votes.
Mayor Parker said there some candidates present who had spoke to Council and citizens
at previous meetings. Bill Lyght and Mary Ann Heimes, candidates for the 4th District
Commission seat, were present. Mary Ann Heimes announced a Meet the Candidate
Cook -Out at Memorial Park on Sunday from 2 to 4 PM.
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Rusty Fleetwood urged the candidates and the Council to look into the rising taxes on
Tybee. He said the high taxes are forcing people to leave their homes. Fleetwood said
the reason he was there was to talk about the rezoning of South Campbell Avenue. He
said his proposal was to change the zoning from R2 to R1B and this would help the
density problem and the burden on Tybee's infrastructure. He said some people thought
this would eliminate home businesses and asked the City Attorney to clarify that
misconception. Hughes said that in R1B, home businesses were allowed after Special
Review and approval by Council.
Denise Grabowski said she was a planner and designed green buildings. She asked
Council to consider her company when planning future development.
Shell Solomon, Chairman of the Tybee Tourism Council, requested Council to contribute
$4,000 to the cost of the fireworks for the July 4th display. He said this would enable
Tybee to put on a fireworks display to be proud of. Solomon said it would be shot from
the end of the pier this year and he already had approval from the County. Solomon
introduced Brad Fisher from Falcon Fireworks Co. who answered some questions from
Council. Sessions said she was concerned about the litter on the beach from the large
July 4th crowds. She said July 4th weekend is the most labor - intensive day of the year as
far as picking up trash. She asked if the Tourism Council had contacted Chatham County
for added funding. Solomon said no they had not. Fisher said because the fireworks are
being shot from the pier, the litter from the fireworks debris should be greatly reduced.
Fisher said the difference in the $5,000 show and the $10,000 in addition to length, is the
choreography and it will be broken into sections. He said they would use products
available only to Falcon and Disney. He said he believes this will be the best ever on
Tybee.
Kellie Lewis, Executive Director of the Marine Science Center, spoke to Council
regarding the Turtle Project. She said so far they have identified 2 nests, one is a
leatherback and the other is a loggerhead. Lewis introduced staff members, Lindsey
Thomas, Jamie Smith and Lisa Herndon. Lewis said for $10.00, you could adopt a turtle
egg, name the hatchling and help protect the turtles. She said their goal is to collect
$2,000 by July 4, 2004. Your name and your turtle's name will be posted at MSC. A
Turtle Baby Shower will be held at the MSC on June 24th. She said Mayor Parker has
been named "Godfather" for the 2 nests and she presented Parker with a baby turtle made
of stone. Lewis said lights are a main problem for the hatchlings because after hatching
they go toward the light. She asked people on 7th, 8th and 9th Streets to voluntarily turn
off their outside lights. She introduce Charlie Brewer, who along with his wife, Sandy,
has worked very hard on education and work with the street lighting. Brewer is
employed with SEPCO as the Manager of Lighting Services. Brewer said he wanted to
do something for the turtles and he and his wife have passed out literature, evaluated
streetlights and recommended shields for some lights. He said they enjoy working with
all of the dedicated volunteers.
Claire Price told Council that changes to Special Event fees should be completed as soon
as possible. Price said they don't want to make any mistakes but the new fees should be
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ready by the July meeting. Price said the Special Event request for Enmark had been
postponed.
Bobby Jeffery requested a Special Event permit for a cookout in Memorial Park for the
Savannah Pride of Gay & Lesbians on June 20, 2004. He said they expected around
20,000 people. He said they had the State liquor license.
Sandy Major a resident of Tybee said that the hazard signs at North Beach are still there.
She said they spoke to Council at the last meeting and nothing has been done yet. She
said the hazards should be removed. Major said she realizes that Council has to deal with
many problems but she feels this is an issue of risk and liability. She asked that action be
taken immediately.
Henry Levy said that tonight the noise ordinance is to be discussed and he would like for
a light ordinance to be reviewed. He said people leave on outside spotlights that shine in
windows and keep people awake at night. Levy said there should be something that
prohibits this. He said there is an ordinance to prevent lighting on the beach for the
turtles from May to October and it needs to be enforced. Levy said he repeats his
position that the City should follow it's own ordinance and use permeable materials for
any paving.
Kellie Lewis said she would like to add one thing. Lewis said some of the people in
audience were concerned about the turtle during the fireworks. She said they would post
a guard around the nests to prevent any damage from people on the beach. Lewis said
turtles usually hatch after midnight and the fireworks should be completed by then.
Kathryn Williams said she was representing the Tybee Beautification Assn. and asked
everyone to participate in the Adopt a Highway project Saturday, June 12, 2004. She
asked everyone to meet at the Tybee sign at 8:00 AM. Williams said the TBA and the
MSC were co- sponsoring the Tybee Prom on July 24, 2004 and would have more
information at the next meeting. She gave a brief report on plantings around Tybee and
thanked the DPW for their help and hard work. She asked Council do ban the vending
machines and displays of merchandise on Butler Avenue and Tybrisa Street. She asked
for the City to hire the special officer to patrol the beach enforcing the litter ordinance.
Williams said that she thought the beach patrols were riding too fast on the beach and
urged the Council to require them to walk the beach instead of riding.
Jim Fabrikant, a resident of South Campbell Avenue, spoke against the proposed zoning
change. He said he bought his house in the early '70's and it was in a R2 zone.
Fabrikant said if it is changed to RIB, it would be devalued and some of his property
rights would be taken away. He said he would have to ask to have a home business and
would not be able to construct a duplex. He said a lot of people don't want the change,
that he is not the only one.
Chris Solomon, also a resident of S. Campbell, spoke against the change. He said the
change would create a lot of sub - standard lots and non - conforming uses. Solomon said
he wants the options that R2 gives him and said he would fight the change. Youmans
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said when his neighborhood was changed; he was not allowed to speak. He said the
change cost him $20,000 to $25,000 on the value of his property.
Tony Petrea said he was not a resident of S. Campbell but would like to buy some
property there. Petrea said he like to build single - family houses on lots larger than the
requirement. Petrea said most of the property on the Island is zoned R2 and spot zoning
is the worst thing that can be done. He said think about this and don't make the change
lightly because it would affect a lot.
Billy Remeta, a resident of S. Campbell Avenue, said he signed the petition to change the
zoning. Remeta said that people had a misconception that their property would lose
value. He said there was a time when Tybee needed to increase the tax base, so they
allowed subdivisions, but that is not the case now.
Mayor Parker opened the meeting, heard comments and closed the following Public
Hearings, according to law.
Dick Smith, Chairman of the Planning Commission, presented the request for a Sketch
Plan approval for a Minor Subdivision of 1 lot into 3 lots at 3 10th Street, for Howard
Reeve. Smith said Reeve was also asking for a setback variance on Lots A and C, and to
increase the grade of these lots equal to the lots on each side. Smith said there was a
drainage problem in this area. He said the existing house, an historic old Tybee Beach
cottage, is to be relocated to the back lot. Smith said Downer Davis, Engineer for the
City, has reviewed the preliminary drainage plan and written a letter of approval. Smith
said they are working with DNR to find out if they can drain these Slots into the inner
dunes. He said the Planning Commission voted to approve. When asked about where the
height of the house would be measured from, Smith said from the finished grade and the
house would not be any higher than the existing surrounding houses. Smith said as far as
he knew, a grade adjustment had never been asked for. He said when a hole is created by
construction around it; it would make sense to allow that hole to be filled in. Hughes said
they would need a grading permit to put fill in. After that, if they would go over the
allowable height, they would need a height variance. Hughes said generally with a minor
subdivision you have a preliminary plan and final plan at one time, and there is no sketch
plan. No plat would be recorded until all the requirements are met. Smith said if the
DNR does not approve drainage into the dunes, it can still be brought to Butler Avenue
and Davis has approved those preliminary plans. Buelterman said in his letter, Davis is
saying that he would not approve until he has final construction plans for the drainage to
Butler Avenue. Sessions said she understands that there should be a seal of the engineer
on the drainage plans and there is not one on these plans. Mr. Reeve and his architect
said that they are trying to get preliminary approval for the subdivision before they go to
the expense of having final drainage plans completed. Reeve said this is costly work.
Hughes said the approval of the sketch plan gives the indication that ultimately approval
for the final plan would be given. Hughes said any variances would have to be applied
for with the final public hearing for approval of the subdivision plat. Sessions said she
understood that our engineer, Davis, would put his seal on the plans when he approved
the finals. Anderson said Davis does not put his seal on another engineer's plans but
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sends us a letter of approval. Ernie Friedman spoke on behalf of David and Ethel
Rosenzweig, a neighbor, said that they don't have any objections to the subdivision. He
said their concern is the drainage as well as the variances that are being requested.
Friedman said that they asked that the subdivision not be approved until a final drainage
plan is approved and what impact this will have on the entire neighborhood. Downer
Davis said the drainage plan he was presented was a very limited plan. He said it was to
determine if outflow to Butler Avenue was a workable plan. Davis said his letter listed
about 8 items to be addressed before he would approve the final plan. Sessions asked
about Davis' statement concerning not recommending this request being placed on the
agenda. Davis said he understood they were coming to ask for fmal approval. Henry
Levy, former Chairman of the Planning Commission, said the height is measured from
the original grade. Dr. Jim Miller said his property abuts this property, and there is a real
drainage problem on 11th Street. He said that if they were allowed to fill, his home would
be in trouble due to the drainage onto his property. Mrs. Miller said if we have
ordinances on the books, we should follow them. She one of her concerns is that this
preliminary approval will become final approval. She asked Council to make sure this
does not happen. Keith Gay said he managed the property for about the last 5 years. Gay
said we need to determine what fill is and what grade is. He saw what he believed to be
fill dirt on the Miller property when the house was under construction and Dr. Miller said
they didn't bring in any fill dirt. Gay said he thought that anyone should be able to bring
his or her property grade up to the level of surrounding property. Rachel Perkins spoke
in favor of the storm water drainage to be directed to the inner dunes and not through
pipes that would drain into the marsh. She said this would be the most environmental
friendly option. Mike Futral, resident of 1 10th Place spoke against variance for height.
He said there would be a lot of dirt moved around and concrete slab installed and asked
everyone to come and look at the property. Cullen Chambers spoke in support, with
reservations, of this project. He said the water retention on this property has gotten worse
over the past few years. Chambers said this is the best preserved raised old Tybee
cottage on the Island. He commended Mr. Reeve in his efforts to save the old structure.
Betty McLendon said last year she came to Council about problem drainage. She said the
problem is not finished. She asked each Council member to come and walk her property
and see her problems. She said this problem is not going away just by covering it up.
Travis Burke from Kern Coleman Co. said he knew there was a problem and they would
address it on the final plans. Hughes said if this were treated as a sketch plan, it would
not include any variances at all, just that Council is agreeable to the subdivision, there are
no rights vested. They can do engineering exploring and see if they can make it work and
may be able to solve an area wide drainage problem in the process. Hughes said there
would be no plat recorded and no building permit issued. Hughes one concern he has is
addressing the easements needed and all of that would have to be addressed before fmal
approval. Burke said the proposed drainage plan would help all of the properties.
Smith presented the application for a text amendment for Section 11 -3 -4, Noise
Disturbance, as to change the times for enforcement. He said it came to Planning
Commission as 7AM to 7PM. He said the PC changed it to 7AM to 7PM or sundown,
whichever is later. Smith said the PC approved. Buelterman asked if this was just for
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construction. Smith answered no that it was for everything. Wolff said he would like to
add when 2 different zones abut, the more restrictive decibel level would apply.
Smith said the request for driveways to be permeable was not discussed at the Planning
Commission. He said he thought that was tabled until a later date.
Smith said the request to prohibit sidewalk sales in the Beach Business District was not
heard by the Planning Commission.
Mayor Parker asked if anyone wished to speak on either of these text amendments.
Kathryn Williams said she disagreed with Henry Levy on requiring the City to use
permeable materials. She said the cost was high and most of the areas the City would be
paving are already paved.
Mayor Parker said there have been complaints that the merchants on Tybrisa and Butler
have put too much merchandise on the sidewalks and that it is interfering with pedestrian
traffic. This pertains to the public property out side of businesses. Wolff said one of the
reasons for this is to comply with ADA requirements, that people in wheelchairs can get
down the sidewalk safely.
Mayor Parker opened the meeting for business legally presented. Parker said he would
like to cover the public hearings first.
Pearce motioned for approval of the preliminary approval of the minor subdivision for 3
10th Place. Sessions asked wasn't it for sketch approval. When asked for his opinion,
Hughes said it was for sketch approval. Pearce accepted that change, Youmans
seconded. Sessions said on a sketch plan, a variance would not be up for approval, and
Hughes agreed. Buelterman said he wanted to make sure that Council would get to
review the drainage plan and final plat before giving final approval. Sessions asked for
amendment to the motions for approval as sketch plan only, with no variances, pending
further public hearings. There would be no plat recorded until approved drainage plan
was presented, no rights vested and no permit issued until final plans have been
approved. Pearce accepted the amendment, Wolff seconded. Vote was unanimous.
Parker said that Council Member Eddie Crone was out of town because his brother died.
And City Manager Bob Thomson had torn ligaments in his wrist and was in a great deal
of pain and not able to attend the meeting. Parker said Dee Anderson was taking
Thomson's place and doing an excellent job.
Wolff motioned for approval of driveways for new construction to be of permeable
materials, Sessions seconded. Youmans said we all received a letter from a lady on
Solomon Avenue and she was very upset. Youmans said this lady couldn't open
windows in her house because of the white dust from the crush and run that was put on
Solomon. Youmans asked if this was what was wanted all over the Island. Downer
Davis, engineering consultant for the City, asked if the standards had been addressed.
Davis said what level of permeability, what depth, and what inspection process. Davis
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said permeable was a very broad standard. Parker said he didn't believe this had been
studied. Youmans asked if Council should wait until this is determined. Buelterman said
that maybe it should be withdrawn until technical standards could be set. Parker asked if
the motion would be withdrawn. Wolff agreed. Pearce motioned for approval contingent
on specific delineations and meeting Davis' technical concerns, Wolff seconded. Vote
was unanimous.
Parker said the next item was the noise ordinance. Hughes said he thought the last time
we looked at this issue; it was based on the hours not the decibel level. He said the
decibel level is hard to determine, depending on where you are in relation to the source.
Hughes said apparently when this went back to the Planning Commission; the decibel
level was brought up again. Youmans said some of the people couldn't afford to hire
builders and have to do the work themselves after they get off from work, and now we
are going to tell them they can't. Sessions said she thought the intent in changing the
hours is to keep heavy construction noise at a more reasonable level and time. Sessions
said this is not to keep individual homeowners from working on their houses. She said
that one issue is the construction and the other issue is when residential abuts commercial
zones. Sessions said she is in favor of the 7 AM to 7 PM, but not sure about the "to
dark'. Parker said it was until sundown, which now is around 8:30 PM. Mayor Parker
said we are not going to stop anyone as long as we don't get a complaint. Buelterman
motioned for approval of the Planning Commission's recommendation for the time
change to 7 AM to & PM or sundown, whichever is later, Wolff seconded. Pearce said
he would like to make an amendment to the motion. He said if residential zone were
adjacent to commercial zone, the residential level would apply. Buelterman accepted the
amendment, Wolff seconded the amendment. Vote was 4, Wolff, Sessions, Buelterman
and Pearce, in favor, and 1, Youmans, opposed.
Wolff motioned for approval to prohibit sales on City property in front of businesses in
the Beach Business District, Pearce seconded. Mayor Parker said that he hoped the
Council knew that there were going to be a lot of complaints from the merchants on this.
Buelterman said that we were unique and he didn't think it was fair to the merchants.
Youmans said he had never been to that area when you couldn't ride a wheelchair along
the sidewalk except for the people. Sessions said to remember that people are going to
come and ask for special permission for events and we should be fair to everyone. She
said if we don't approve this, we should allow people to hold special events on City
property and be fair to them as well as the merchants. Youmans said we allow special
events, auctions, festivals and all sorts of events on City property all over this Island.
Some of these people don't even have a license to sell, he said. Youmans said the
merchants buy a license every year, and they should be allowed to put a little bit of
merchandise in front of their businesses, they are not putting it in front of the pier.
Pearce asked Hughes if they wanted a special permit, they could come to Council.
Hughes said he thought this was a different issue than someone wanting to hold a special
event on public property other than in front of his business. Vote was 3, Wolff, Sessions
and Pearce, in favor, and 2, Youmans and Buelterman, opposed.
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Buelterman motioned to approve contributing $4,000, taking $3,200 from the Holiday
Fund and the balance from the money collected from other special events, toward the cost
of the July 4th Fireworks, Wolff seconded. Sessions said we should plan for requests
such as this in next years budget. Sessions also said she would like to see more the
Tybee Tourism Council at Council meetings and hear what they are doing. Youmans
said the City Government does very little for the business people on the Island.
Buelterman said he would like to see a form for people to fill out when they come to
Council requesting money. He said the form should contain what the event is, who is the
promoter, what the money is needed for, where the money is coming from and what Line
Item it is to be charged to. Sessions asked if this contribution put the City at more
liability. Hughes said it did not put the City at any additional liability. Vote was
unanimous. Sessions asked the Tourism Council to encourage people to pick up litter.
Parker asked if anything had to be done on the South Campbell rezoning. Hughes said
there was a signed petition. Hughes said Council had the option of doing nothing or
acting on the request that some of the property owners had made. He said that would be
to advertise for a public hearing on the zoning change and a map amendment. Hughes
said there is some confusion in that Mr. Fleetwood can file to rezone his own property
but not for the entire district that is owned by others, Council can initiate that. Hughes
said another option would be to send it to the Planning Commission and let them look at
it. Then decide if you want to advertise to hear the request. He said you don't commit
that it would be done but that you would hear the request. Lynn Hamilton asked about
current home businesses and would they be grand fathered. Hughes said under ordinary
circumstances yes but if you want to change the nature of the business, you would have
to come for a special review. Youmans said before we do anything, let's hear from every
property owner on that street, and not do it like Lewis Avenue. Pearce asked if they
should wait until they have the petition. Dee Anderson said there is a petition in the
Zoning Department but there are no procedures in the Code. Anderson under guidance
from Hughes, this issue was brought to Council to see if they wanted to consider it.
There was more discussion as to the procedure and whether a petition should be brought
to Council. There was also discussion regarding density. Sessions asked Chuck
Bargeron to tell every9one what was done when Lewis Avenue was rezoned. Bargeron
said certified notices were mailed with a questionnaire, and only 40% were returned. A
second mail -out resulted in about 70% returned. Sessions said she didn't have anything
on this request and Fleetwood had said he filled out an application. Anderson said the
application was for him to go to the Planning Commission. He came tonight as a visitor
to see if he should pursue it further. Hughes said there is no 51% requirement. Pearce
said the last times there was a zoning issue, we did have a petition and he would feel
more comfortable with a signed petition. Parker agreed. Fleetwood said he would like
the attorney to put in writing what he is to do. Wolff suggested he get online, SAGIS,
and determine the property owners. Council agreed for Fleetwood to bring a petition.
Pearce motioned for approval of the minutes for the May 27, 2004 meeting, Wolff
seconded. Vote was 4, Wolff, Youmans, Buelterman and Pearce, and 1, Sessions,
opposed as she had some changes.
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Buelterman motioned for approval for Jeffery to hold special event on June 20, 2004 in
Memorial Park, Wolff seconded. Vote was unanimous.
Mayor Parker said he had written the Corps of Engineers regarding the hazards of old
jetties but has not gotten any favorable results. He said he had asked Thomson to have
the area resigned and asked Mark Williams if he had any information on that. Williams
said no and Parker said Thomson was to see if, at low tide, the signs could be placed at a
more favorable area. Buelterman said the whole area is not dangerous, just a small part.
Buelterman said those things are dangerous and we have got to get them out. He said
maybe we should call Jack Kingston and see if he can help. Youmans said the beach
comes under the jurisdiction of the State, why can't we contact the State. Parker said the
Federal Government put them there and that is why we are trying to get them to remove
them.
Mayor Parker said that Crone should talk to Chief Price regarding video cameras in the
Police cars before bringing to Council.
Wolff said everybody would have curbside recycling at $2.99 per month under this
proposal. He said we have talked with Randy Hartman from Department of Community
Affairs and he has addressed some of the concerns. Wolff said the bins will be supplied
with lids, the condo residents will have theirs consolidated in containers and we will have
an option to go to a "pay as you throw' program at any time during the first 12 months.
This will possibly reduce the cost. Wolff said we have been assured that every 3 months
we will have some educational material distributed at no expense to the City. He said
Mike Besson with Waste Management is here, along with Randy Hartman, to answer any
questions. Hartman said he would like to commend the Council for taking up this issue
and showing the leadership in recycling. Wolff motioned to accept Waste Management's
proposal and add curbside recycling to our contract for $2.99 per month per household,
Pearce seconded. Buelterman asked if this exempts senior citizen's households. Wolff
said yes for 65 or older and on fixed incomes. Youmans said he had received a call from
a citizens who said he was glad Youmans was against this. He said it was just another
tax. Sessions said she would prefer that we do this on a voluntary basis, but said she
understood from the gentlemen here tonight that it is not as effective. Vote was 4, Wolff,
Sessions, Buelterman and Pearce, in favor, and 1, Youmans, opposed.
Wolff said he was going to draw a plan for the handicap place at the end of 18th Street but
has not received all of the information. He said he would withdraw this item tonight.
Wolff motioned to approve the attached procedures for shallow wells, Pearce seconded.
Youmans said he didn't thing we needed all these regulations. Wolff said he did this at
the request of the Zoning Department. Vote was 4, Wolff, Sessions, Buelterman and
Pearce, for approval, and 1, Youmans, opposed.
Sessions asked what the process was to request more trash cans on the beach after
Holiday weekends. Parker said he would talk with Thomson.
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Sessions asked what the status was with hiring the Police Officer to patrol the beach to
enforce the litter ordinance. Anderson said he didn't know, because Chief Price hired the
officers. Sessions said she would like to ask for someone to be on duty by July 1St
Hughes said he had received a letter asking. that a Revocable License that was issued to
Jonathan Brown and Cecil Johnson on lom Street be revoked. Hughes asked Council to
recommend what action he was to take. He said he didn't think Mr. and Mrs. Johnson
were present tonight. Hughes said this was the result of a dispute regarding the use of the
City right of way. Hughes gave a brief history and said that the right of way is still open
to the public. He said the revocable license says that the Browns can't go on the
Johnson's part and vice versus. Hughes said there were misconceptions regarding that,
which created some problems in the neighborhood concerning access. The license that
was granted is revocable at any time that Council chooses, Hughes said. Hughes said he
had not heard from the Johnson's. Mayor Parker asked what would be accomplished by
revoking this license. Hughes said it would open the right of way in its entirety. The
license doesn't have anything to do with the North side only on the South side. Hughes
said it should only limit the access by the Johnson's and the Brown's. He said this is
where the misunderstanding is. Sessions asked if someone brought this to Hughes's
attention and asked that the license be revoked. Hughes said there is a letter dated April
30, 2004 to Mayor and Council, and a copy to Hughes and Thomson, from Jackie Brown.
Hughes said Jackie and Charlie Brown were not parties in the license but have to cross
Jonathan Brown's property, on an access easement, to get to their property. Hughes said
anyone who can't use the right of way has the right to ask for the license to be revoked.
Sessions said she feels that if they are going to take any action, everyone involved should
be notified. Hughes agreed. A neighbor and adjacent property owner said no one was
notified when the license was issued and it has affected everyone in the neighborhood.
Jonathan Brown said that the Johnson's driveway blocked more of the right of way than
his fence and shrubbery do now. He said people couldn't use the right of way then so
why are they complaining now. There was a long discussion regarding the fence and
access issues. Mayor Parker said we were not going to settle anything tonight. Parker
said he thought we should get all the people involved in a meeting and find out just what
problems there are. Parker said we would notify the surrounding neighbors of the
meeting. Jonathan Brown said it would be just the property owners and not the families.
Hughes said the Resolution for the land swap on 5th Avenue with Robbie Groover was
ready but no action was needed until everything was ready in July. Pearce asked if any
action should be taken tonight.
Wolff motioned for approval of 2nd Reading on parking requirements for dock operators,
Pearce seconded. Vote was unanimous.
Hughes said the hearing is scheduled for July 15, 2004 for the ongoing litigation on the
Maritime District regarding the zoning.
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Sessions said that we were getting close to the end of the moratorium. She said she
thought we should extend it for 60 days. She so moved, Pearce seconded. Vote was 4,
Wolff, Sessions, Buelterman and Pearce, for, and 1, Youmans, opposed.
Hughes said Thomson had received information regarding the early retirement package.
He said we were in the window and we should tell the employees what benefits they will
be provided. Hughes said in the last package the health insurance was specific to that
retirement window. He said if health insurance benefits are going to be provided in this
package, Council should decide what it would be. Hughes said he thinks what was done
last time would be done this time. Youmans said he agreed, and the same thing should be
done. Dee Anderson said the City paid for the retiree's health insurance, but anything
extra the retiree paid, such as dental and family coverage. Hughes said we started out
paying the HMO benefits, not to exceed $258.00. He said the premium, he thought, was
$100.00. Hughes said we should find out exactly what we did and be consistent this
time. Parker agreed. Anderson said he would meet with Hughes and Thomson and get
the information. Sessions said this should go on Action Item List.
Parker said we need to get a line item number for Marlowe and Company. Sessions
asked who was Marlowe. Parker said he was our lobbyist. Buelterman asked where the
money was coming from now. Parker said it has been coming out of our SPLOST but he
doesn't know where it will come from now. He said we might have to make a budget
adjustment. Pearce motioned to take money from General Fund, Sessions seconded for
discussion. Sessions said not knowing where the money is coming from is scary. Parker
agreed and said we need to pay his bill and then make something permanent. Sessions
asked how much was the bill. Anderson answered $11,200.00 and said he understood
that we are to pay the bill and the City Manager is come back next month and let Council
know what the Line Item is and where the money is coming from. Parker said correct.
Youmans said before he voted, he would like someone to give him, in writing, what
Marlowe has accomplished for the City. Sessions said she agreed. Parker said we would
get a list. Vote was 3, Wolff, Buelterman and Pearce, in favor, and 2, Youmans and
Sessions, opposed. Pearce said he also agreed we should have a list of accomplishments.
Mark Williams said the SRF funds do not completely cover the cost of the aerators
needed for the wastewater plant. Williams said the cost of steel continually increases.
He said he thinks the out of pocket expense will be around $102,000. Williams said we
currently have 1 aerator on loan with the understanding that we would purchase it. He
this has been approved by EPD and our engineers. Buelterman asked if this would be
considered a capital item. Parker said yes, he thought so. Youmans said Thomson said
that we had enough money in the loan money to cover these aerators when this came up
previously. Youmans said this more than twice that amount. Parker asked Williams if he
knew where the money was to come from. Williams said our engineers expressed an
interest in talking to EPD and increasing our loan. Parker asked Williams to meet with
Thomson and get some specifics.
Hughes said he had a job description and agreement for Jim Klutz, as a volunteer for the
Finance Department. (Copy attached to become part of these minutes.) Pearce motioned
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for Mayor Parker to sign agreement once Klutz, Lightle and Thomson approved the
agreement, Wolff seconded. Vote was 4, Wolff, Sessions, Buelterman and Pearce, in
favor, and 1, Youmans, opposed. Youmans said he had not even read it.
Anderson said Dr. Condrey was to be here tonight to review the Classification and
Compensation proposal to night, according to Thomson. Anderson said there had been
some confusion as he had talked with Dr. Condrey and he was in England. Anderson
said this study was done in July 2003 and there are some changes that need to be made.
He said Dr. Condrey said he would come when he returned from England.
Sessions motioned to amend the budget as agreed by Council at a previous meeting to
give the Tybee Beautification Committee $5,000 for the Cemetery Fund, Wolff seconded.
Vote was 4, Wolff, Sessions, Buelterman and Pearce, in favor, and 1, Youmans, opposed.
Sessions asked the Mayor to give an update on the Pier negotiations. She said she heard
that a letter had been received. Parker said no, the only letter was regarding a mutual aid
agreement, not the pier. Parker said he had not received a reply from the County
regarding the letter about discussing the pier.
Jack Youmans said he would like to make a presentation. Mayor Parker said that this
presentation was being done under protest. Youmans said Tybee has a "Bird Man",
Mallory Pearce. He said it also had a "Bird Lady" and he would to present her with a
special trophy. Youmans said she is Gloria Bennett and then presented her with a gold
statue of a hand, with middle finger extended. Youmans told her it was made right here
on Tybee by locals. All had a big laugh and congratulated Mrs. Bennett.
Pearce motioned to adjourn to executive session to discuss Litigation, Personnel and Real
Estate, Wolff seconded. Vote was unanimous.
Wolff motioned to return to regular session, Pearce seconded. Vote was unanimous.
Sessions motioned to hold a Workshop Retreat to evaluate work accomplished since the
first of the year, Pearce seconded. Vote was 4, Wolff, Sessions, Buelterman and Pearce,
in favor, and 1, Youmans, opposed.
There being no further business, Mayor Parker adjourned the meeting.
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Diane Sikes
Clerk of Council
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Walter W. Parker
Mayor
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STATE OF GEORGIA )
COUNTY OF CHATHAM ) •
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized to
administer oaths, 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 /0
day o (---- 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. ,� 0,
(3) The subject matter of the closed meeting or closed portion of the meeting held on the / !�J`�'
2004, which was closed for the purpose(s) of
y OTC :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.
1
' 50- 144 -4(b) that such an affidavit be executed.
This /& ay o
Sworn to and subsc 'bed
befor- e this /.0_ day
of 2004.
Notary Public
DIANE J. SIKES
Notary Public, Chatham County, GA
My Commission Expires July S, 2007
g:\common \emh\14536\affiday.01
2004.
ayor/Presiding Officer
1
1
Prior to the adoption of Ord. 2004 -10 on 06/10/2004, Section 3 -080 read as follows.
(A) Residential Off -street vehicle parking requirements. Off-street parking facilities shall be provided
and maintained on site or within four hundred (400) feet of the site for all buildings, structures or
premises being used in whole or in part for residential purposes, or for any other use permitted in
residential districts.
(1) Residential dwelling units: For every dwelling unit there shall be provided at least two (2)
' off -street parking spaces.
(2) Nursing homes, hospitals: One parking space for each five (5) patient beds plus one space for
each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly: One parking space for
each four (4) seats provided in the main auditorium or for each fifty (50) square feet of floor
area available for the accommodation of movable seats in the largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums
and gymnasium used in conjunction therewith): One parking space for each two hundred
(200) square feet of gross floor area devoted to such use.
(B) Control of access to residential uses. In order to promote the safety of motorists and pedestrians, the
following regulations shall apply:
(1) A driveway opening which connects a residential lot with a public street shall not be greater
than twenty -five (25) feet in width.
(2) There shall be no more than two (2) driveway openings on any residential lot of any width.
Lots of less than one hundred (100) feet in width shall have no more than one driveway
opening.
(3) Two (2) driveway openings shall not be closer than fifty (50) feet from each other on the
same lot.
(4) No driveway opening shall be constructed within twenty -five (25) feet from any street
intersection.
(5) No curb on any city street or right -of -way shall be cut or otherwise altered without prior
written approval of the Zoning Administrator.
(C) Commercial Off -Street Parking. Off-street parking facilities shall be provided and maintained for all
buildings or premises being occupied or used in whole or in part for commercial activity as
follows:
(1) One (1) parking space per each 200 square feet of retail or commercial gross floor area.
(2) Restaurants, night clubs, beer parlors and similar establishments shall provide one (1)
parking space for each four (4) seats based on a maximum seating capacity of (fifteen) 15
square feet per person plus one space for each two (2) employees. Maximum seating capacity
is calculated on entire seating square footage including outdoor seating area.(ORD.2000-
08;2/11/00)
(3) Hotels, motels: One parking space for each room to be rented.
(4) Maritime District:
(1) Parking shall be in conformance with required dimensions of the C -1 Zoning District.
2 Handica • s ed • arkin shall be available and accessible. ORD. 1995 - 17.1217195
n,W,�e
& kxre
(D) Off -Street Parking Dimensions:
OFF STREET PARKING DIIVINESIONS
STALL DEPTH AISLE WIDTH I PARKING ANGLE
9x18 feet 12 feet 30 degrees
TRAFFIC DIRECTION I
one -way
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9x18 feet
13 feet
45 degrees
one -way
9x18 feet
18 feet
60 degrees
one -way
9x18 feet
24 feet
90 degrees
two -way
(E) Exemptions from Off - Street Parking Requirements.
1 . Existing structures with 2,000 square feet or less of floor area that exist in a C -010 zoning
district may expand the floor area up to 4,000 square feet without having to meet the off -
street parking requirements as long as the structure is completely located within 1000 feet of
a municipal parking lot.
2. All churches or places of religious worship shall be exempt from all off street
parking requirements.