HomeMy Public PortalAbout19860213CCMeeting000639
Tybee Island, Georgia
February 13, 1986
The Tybee Island City Council held its regular monthly
meeting at Tybee City Hall on Thursday, February 13, 1986. Mayor Walter
W. Parker presided and the following members of Council were present:
Chris Solomon, Kilma McCutchen, Bill Walsh, Phil O'Dell, Jean Davis and
Paul Jackson. Thomas J. Mahoney, City Attorney, and Bob Thomson, City
Administrator, were also present.
Chris Simon, President of the Tybee Island Chamber of
Commerce, was the first visitor to be recognized. He presented each member
of City Council with a copy of the Chamber's budget for FY 86, a plan for
special events for the year, and a log of inquiries answered since January
first. The Chamber of Commerce requests a grant of $12,000.00 for the up-
coming year, and asked for the use of a flatbed truck for the St. Patrick's
Day parade.
David Minkovitz spoke to request a special license to
operate mobile unit hot dog stands. He stated that his appearance is a
follow -up to a letter which each Councilmember had received saying that he
would like to change the proposed area to be covered to the beach area south
of the Ladha and north of 14th Street. He invited everyone present to sample
a hot dog, and examine the stand which is displayed in front of the building.
He also said he is working on the creation of a special hot dog for Tybee.
During questioning, the following information was received: Mr. Minkovitz
would use his.house on 10th Place for a base of operations; the units are
advertised by the maker as meeting all health department requirements; his
workers would wear tee - shirts with the logo "leave only your footprints" and
would be required to police the entire area of their operation for litter
control. The carts would be stationary.
Charles Masterpoulis spoke, saying that he has tried for
40 years to get a license for the same type of business and that many other
local businessmen have also tried. Chris Simon said he thinks it will hurt
local businesses that pay more taxes, and would be unfair to them. Jody
Sadowski spoke to say that he believes the more services, the more visitors
the community will have. Jeanne Hutton said thatlhe studies of litter control
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0353)
Tybee Island, Georgia
February 13, 1986
Page Two
she had done showed that most, communities are prohibiting food on the beaches
because of litter problems. Tommy Clark spoke favorably of the request.
Councilmember Solomon spoke to tell everyone that the owners
of the Surf Shop have asked for a Beach Boogie contest and he is in favor of
granting the permit. Councilmember O'Dell said that he hopes the Surf Shop
will get in touch with the Chamber of Commerce and go forward with the plans,
and Councilmember Solomon agreed, saying that he felt it would be a good activity
for young people.
There was a public hearing for imput into use of the Revenue
Sharing budget for FY 86. The following comments were made:
Jody Sadowski recommended the funds be spent on a central
parking lot. Jim Kluttz asked if they could be earmarked for the city's share
of funding for the new library facility even though construction won't begin
until 1987. Jeanne Hutton suggested that, if funds must be used in this fiscal
year, they be used to landscape the area where the library will be located.
Councilmember O'Dell said he thought the renovation of the old police station
might be considered, so that the building on the strand could be used only for
bathhouse facilities and recreational purposes. Councilmember Solomon recommended
funding a small local JOBS Act, so that local teenagers could be hired to work
on the beautification projects people are interested in, saying that ther.tity is
badly understaffed when it comes to park beautification.
The zoning procedures act was explained by the City Attorney
who said that the act was passed by the General Assembly with an effective date
of July 1, 1986, but that a modified act that passed gave the date of January 1,
1986 and, in his opinion, any zoning decisions made after that date could be
attacked unless the governing authority has adopted ordinances to meet the
requirements of the state law. H. also said that Tybee Island has always gone
farther than the law requires in its public notification process. Jeanne
Hutton and Dottie Kluttz both had questions concerning the content of the new
itity ordinances. Jim Kluttz asked if everybody in Georgia is having to do this
and the City Attoroey answered affirmatively. Jeanne Hutton asked if the
provision about not being able to reschedule a zoning hearing for one year is
still in the ordinance and the answer was also positive. Marianna Seyden
Tybee Island, Georgia
February 13, 1986
Page Three
00091
asked whether a vote should be taken if the true purpose of a public hearing
is to know the opinion of the people. Mayor Parker answered that she made a
good point, and that, so far as we know, there is no reason why a vote could
not be taken. The public hearing was closed.
Mayor Parker then announced that Jean Davis has been working
on a beautification program and that Mrs. Marianna Seyden has agreed to chair
tme committee. Mrs. Seyden expressed her enthusiasm for the project and said
that she hopes every school, church and organization will participate.
The meeting was opened for business legally presented.
Mayor Parker recognized Councilmember O'Dell who has been
responsible for getting two computers donated to the city, valued at $30,000.00.
The audience gave Mr. O'Dell a round of applause.
Minutes of December 12, 1985 and January 9, 1986 were
approved as written.
Bills for the month of January, 1986 were approved as
follows:
Water /Sewer $12,812.22
General Government 5,265.54
Police /Parking 6,548.11
DPW /Sanitation 7,685.80
Fire /First Responder 1,782.48
Parks & Recreation 1,585.11
A letter from Thomas & Hutton Engineering Company dated 1/8/86
was read regarding water storage tanks. The letter was referred to Councilmember
Jackson's committee for their information.
A letter from Jeff Dukes, Planning Commission chairman, was
read, dated 2/4/86 and containing the recommendations of the Planning Commission
made at their regular monthly meeting on 2/3/86. Among the recommendations was
a Resolution from the Planning Commission regarding the subdivision of "Salt
Spray ", a six -unit townhouse project on First Street.
Mayor Parker reported that funds for renourishment of the
beach had been deleted from the FY 86 Supplemental Budget, but that Senator
Coleman, with Governor Harris' help, will attempt to reinstate a portion of
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00092
Tybee Island, Georgia
February 13, 1986
Page Four
Ordinances intended to implement the State Zoning Procedures
Act and bring the city into complete compliance with it were read and explained
by the City Attorney. Councilmember Solomon moved these four ordinances be
accepted on First Reading. Councilmember Davis seconded and the vote was
unanimously in favor. A second reading will take place in March.
Councilmember Solomon introduced an ordinance adopting the
SBCCI's Standard Mechanical Code, 1985 Edition, saying that the Inspections
Department had asked this be incorporated into the local code. He moved it
be accepted on First Reading and Councilmember Jackson seconded. Having been
accepted unanimously on First Reading, it will be scheduled for a Second
Reading at the next regular meeting.
Councilmember Walsh spoke of the Guide to Disposal of
Trash & Garbage, saying that the Public Works /Sanitation Committee had met
and made a few changes and that the committee believethat adoption of this
plan will make Tybee cleaner as well as make things easier for the Sanitation
Department. He also read the suggested changes to the ordinances and moved
their adoption. Councilmember Davis seconded and the vote was unanimously
in favor. A Second Reading followed immediately, with another unanimous vote
and the ordinances were therefore adopted and are attached to these minutes.
A fuel pump system was explained by City Administrator Bob
Thomson and Councilmember Solomon moved to accept it. Councilmember McCutchen
seconded. After a question concerning monitoring of usage, a vote was taken
and the proposal was accepted
City Attorney Mahoney announced that the Council is 'pursuing
the possibility of collecting a parking fee at both state and federal levels.
The Charter may need changing to empower the City Council to enact suitable
ordinances for the purpose and this has been advertised and will be introduced
by Senator Coleman before this session of the General Assembly is over. This
may be a lengthy process but would be an alternative source of revenue for
beach maintenance, therefore relieving Tybee taxpayers of the extra burden.
Police Commissioner O'Dell moved that an alcoholic beverage
license (beer only) for R. E. Painter for Tybee Marina be granted. Council -
member Solomon seconded and the vote was unanimously in favor.
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OOJ93
Tybee Island, Georgia
February 13, 1986
Page Five
Councilmember Solomon suggested that the request for
funding from the Safe Shelter group be turned over to the Finance Committee
for consideration during budget hearings. He then recommended that the City
Council accept the request from the Chamber of Commerce for a grant for Fl
86/87 in the amount of $12,000.00 to be paid to the Chamber monthly or quar-
terly, whichever is more convenient for the City Treasurer. Councilmember
McCutchen seconded and the vote was unanimously in favor. Councilmember
O'Dell stated that he hopes the new schedule of events works well - it is
a more vigorous plan than those of the past, and he hopes the time will come
when the Chamber won't need a supplement from the city. Councilmember
Solomon also moved that the other request (use of a flatbed truck for the
St. Patrick's Day parade) be granted. Councilmember Jackson seconded and
there was no dissenting vote. He then reiterated his request that the
General Government Committee review both the Safe Shelter funding request
and the request for a business license for hot dog cart sales. Councilmember
Davis accepted this assignment at the Mayor's request.
Councilmember Davis will present a budget for Revenue
Sharing use, after consultation with the City Treasurer, at the next regular
meeting of Council.
There being no further business, the meeting was adjourned.
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RESOLUTION CONCERNING "SALT SPRAY" SUBDIVISION
WHEREAS, the developer of this property, Major Construction':
Ltd.., was apparently granted permission to proceed with development
by an officer of the government of the City of Tybee Island
under an erroneous interpretation of the City's governing
ordinances, and
WHEREAS, the Tybee Island Planning Commission is now presented
with a fait accompli in the form of a finished six -unit
residential subdivision in a commercial zoning district in
which such residential development is prohibited, the project
being in apparent violation of both the zoning district and
the subdivision regulations, and
WHEREAS, withdrawal of the erroneously - granted permission would
clearly result in substantial loss and injustice to the developer,
who has apparently proceeded in good faith to this point,
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of
the City of Tybee Island does hereby recommend that the City's
government proceed in this matter as follows:
1. Require close examination of the final plan by the
Zoning Administrator and each of the City's Inspectors with the
(-;, ) aim of bringing the project into compliance with all applicable
° portions of the Code to the extent possible short of withdrawal
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of the origipal permission bo proceed. jrc.L
3�vkCQ.t,� -Q%.. c4'' C ., Z k -�.leo ca.a 4.30-11.44- _
2. n open session of t e Council dec:are the project
a permitted non - conforming use, thus allowing the developer to
proceed with the sale of the developed properties.
3. Declare publicly, and instruct all City employees to
the effect, that this example of development may not be used
as a precedent to justify similar processing in'the future.
Adopted by tiA//tti•i^'! pV S vote of the Tybee Island Planning
Commission meeting in regular session on February 3, 1986.
68° 57 ' 27" W 1 0.27
S/W
FIRST STREET (U. S. 80 ) 100'
R/ W
Final Sury v Plat
of
Lots 226, 226 -A, 227,
t :ard 1, Shown. ivisic;; In ;.
Lots 1 Thru 6,Ciry of ryBEE
T_YBEE BERG 1,GEORG /.9
NOTES
SALT SPFAY
REF:
for
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AREA BY LAT & DEP
EC. 1' IN. 20,0k:0
K & E 20" TRANSIT & 100' TAPE
K & E MICRORANGER II
SURVEYED — 01 -06 -86
Nikon N'111-2, 100' Chain
CURB
APPROVED: Z711_`B?
CI [Y OF FYBEE ISLA'IL
QUILLIE E. KINARD, JR. R.L.S. 1572
01 —n,, JESUP, GEORGIA
912.588.6693
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Beautification Committee
Steering Committee
Marianna:Seyden, Chairman
Grace Kuhlman
Betty McLlendon
Jeanne Hutton
Lettye Hollingsworth
Pat Marlin
Genevieve O'Connor
Jean Davis
Ann Monaghan
Neighborhood Captains
Joe & Marion Agnew #1
Thelma Peterson #2
.Theresa Perkins #3
Sally Bostwick #4
Faye Lucas #5
Irene Levers #6
Jeanne Hutton #7
Emily Harber #8
Angel Schroeder #9
Jim Shirley #10
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00596
Ordinance #1 -1986
AN ORDINANCE TO AMEND AN ORDINANCE PROHIBITING ACCUMULATION
OF BUILDING WASTE, AND FOR OTHER PURPOSES.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, THAT SECTION 5 -2 -3. Building
Waste; accumulations prohibited. BE DELETED IN ITS ENTIRETY AND THE
FOLLOWING ORDINANCE, TO BE ENTITLED THE SAME, BE INSERTED IN ITS STEAD.
Sec. 5 -2 -3. Building waste; accumulations prohibited.
Any person who has contracted with any other person within the city,
either on a hourly basis or a job contract price, whose work produces
an accumulation or volume of brush, bric -a -brac, scrap lumber, trash
or rubbish, shall be required to remove and dispose of any such accumulation
resulting therefrom. All construction and demolition contractors must
have on -site receptacles or containers. The site must be kept nn -a reasonably
clean and litter- free,condition.
ADOPTED THIS 13th DAY OF FEBRUARY, 1986.
CLE'K IF CUU CIL
First Reading: 2/13/86
Second Reading: 2/13/86
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00097
Ordinance #2- 1986"`'
AN. ORDINANCE OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND,
REGULATING ACCUMULATION OF WASTE ON PRIVATE PREMISES, AND FOR
OTHER PURPOSES.
BE IT ORDAINED; AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL, IN
OPEN MEETING ASSEMBLED, THAT SECTION 5 -2 -6. Same; private premises exempt.
OF THE TYBEE ISLAND CODE OF ORDINANCES BE DELETED IN ITS ENTIRETY, AND THE
FOLLOWING, TO BE ENTITLED THE SAME, BE INSERTED IN ITS STEAD:
NOTHING IN SECTIONS 5 -2 -3 THROUGH 5 -2 -5 SHALL BE CONSTRUED TO-MEAN THAT
ANY PERSON WITHIN THE CITY SHALL BE PROHIBITED FROM PRODUCING AN ACCUMULATION
OR VOLUME OF BRUSH, BRIC -A -BRAC, TRASH, OR RUBBISH IF THE ACCUMULATION OR
VOLUME OF THESE ITEMS IS A RESULT OF HIS OWN LABOR, WORK OR SERVICE PERFORMED
ON HIS OWN PROPERTY, RESIDENCE, OR PREMISES, AND THE CITY SHALL CONTINUE TO
BE RESPONSIBLE FOR THE REMOVAL, DISPOSAL AND °DISPOSITION OF SAME.
CLERK OF CO N
First Reading: 2/13/86
Second Reading: 2/13/86
ADOPTED THIS 13th DAY OF FEBRUARY, 1986.
Ordinance #3 -1986
{ AN ORDINANCE OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND,
INTENDED TO REGULATE THE PLACEMENT OF SIGNS, NOTICES AND HAND-
OUTS, AND FOR OTHER PURPOSES., INCLUDING PROVISION OF PENALTY
FOR VIOLATION OF THIS CODE SECTION.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, THAT THE TYBEE ISLAND CODE
OF ORDINANCES BE AMENDED BY THE ADDITION OF A SECTION TO BE ENTITLED
Signs, Notices and Handouts AND NUMBERED Section 5 -2 -3, WITH EXISTING
SECTIONS 5 -2 -3 THROUGH 5 -2 -10 BEING RE- NUMBERED CORRESPONDINGLY.
Section 5 =2 -3. Signs, Notices and Handouts.
IT IS UNLAWFUL TO ATTACH SIGNS, PLACARDS OR BANNERS ON TREES OR POLES ON
RIGHTS -OF -WAY OR ON ANY PUBLIC PROPERTY WITHIN THE CITY WITHOUT A PERMIT
FROM CITY HALL.
IT IS UNLAWFUL TO PLACE LEAFLETS, ADVERTISEMENTS, CIRCULARS OR SIMILAR
MATTER ON VEHICLES. ALL SUCH HANDOUTS MUST BE DELIVERED TO INDIVIDUALS IN
PERSON.
Ordinance #4 -1986
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY MAYOR AND COUNCIL IN OPEN
MEETING ASSEMBLED, THAT Section 5 -2 -12. Penalty. BE ADDED TO THE CODE
OF ORDINANCES OF THE CITY OF TYBEE ISLAND WHICH SHALL READ AS FOLLOWS:
Section 5 -2 -12. Penalty.
VIOLATORS OF THESE ORDINANCES (5 -2 -2 through 5 -2 -11) ARE SUBJECT TO FINES
UNDER THE GENERAL PENALTY CODE.
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CLERK OF COUNCIL
ADOPTED THIS 13th DAY OF FEBRUARY, 1986.