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19860213CCMeeting000639 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 1 1 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 1 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. 1 1 1 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. 1 1 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 1 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 NA JON C )N 1';:! :'I lu'C 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 1 1 1 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 1 1 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 1 1 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. 4 CLERK OF COUNCIL ADOPTED THIS 13th DAY OF FEBRUARY, 1986.