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Tybee Island, Georgia
August 14, 1986
The Tybee Island City Council held its regular
monthly meeting on Thursday, August 14, 1986 at 7:30 p.m. Mayor
Walter W. Parker presided and the following members of Council
were present: Jean Davis, Paul Jackson,IPhil O'Dell, Bill Walsh,
Kilma McCutchen and Chris Solomon. City Attorney Thomas Mahoney
and City Administrator Bob Thomson were also on hand.
Mayor Parker opened the meeting by welcoming
a delegation from the CEL Library: Ms. Irma Harlan, Director;
Mrs. Sol Clark, Board Member; and members of the local library
committee Jeanne Hutton, Betty McLendon, George McDonald and
Mary Locklear. Plans for the new library were available, and
Mayor Parker told the delegation that Mr. Mahoney will be working
with the County Library Board attorney to provide the deed to
go with the plat already prepared. The new library will be sited
immediately south of City Hall.
Bobby Sanks was the next visitor. He represented
a group asking permission to hold a free contemporary Christian
music concert on Saturday, August 16th at 7 - 9 p.m. in the area
of the 14th Street parking lot. Mayor Parker promised to bring
this question during the regular meeting.
The next person to speak, was attorney Dwight
Feemster, representing Mr. & Mrs. Dean Nichols in their petition
for a flood damage control ordinance variance. He stated that
the Nichols have been put under hardship,, their flood insurance
cancelled, because they were caught by what seems to be a change
in the interpretation of the ordinance in question. He presented
two certificates of elevation - one shows that the living quarters
are above 17 feet and the other claims the elevation is just over
9 feet. Mr. Nichols also spoke, saying that there is provision
in the ordinance to grant a variance to a house that is on less
a half acre, in a neighborhood where houses are predominantly
ground- level. The lower floor of the Nichols' residence contains
a garage, a storage room, a laundry with washer, dryer & sink and
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Tybee Island, Georgia
August 14., 1986
Page Two
a bathroom. The owner's attorney maintains that removal of
the laundry and bath, both of which are On the original house -
plans approved by the city, would be an expensive hardship to
the owner. Mayor Parker promised to bring the question up when
the meeting opens for business legally presented.
Dan Brown then spoke forlthe Tybee Museum, pre -
senting a proposal for cooperative effort between the city and
the museum to obtain permission from the United States Coast
Guard to operate the lighthouse property as an educational and
historic site. A copy of the proposal i$ attached to, and becomes
a part of, these minutes. This question will be considered during
the business portion of the meeting.
Tommy Clark and Rick Hogan appeared to ask the
city's help to obtain sewer for a section of Bay Street, saying
that the land in question is very close to the wastewater treat-
ment plant and it is ironic that there is no sewer available.
Mayor Parker then openedla public hearing on a
subdivision petition called Marsh Winds. The developer, Roy
Rowell, spoke. There were questions raised about one marsh lot
and about a proposed one -way access street. Approval. Of Planning
Commission was noted, and no one in the audience wished to speak,
pro or con. The matter will be brought up during regular business.
Mayor Parker then opened a second Public Hearing,
a petition to subdivide property on the strand between llth & 12th
streets, commonly known as the "Bull Tract ". Richard Zittrauer
spoke for the developers, saying that the original house will
hopefully be retained, and that four duplexes (8 units) additional
are planned. All lots exceed minimum density, but the access road
would be 15 feet rather than the 20 feet required in the ordinance.
Jim Monaghan, speaking for the Planning Commission, said that the
Subdivision was recommended for approvale but that the Planning
Commission left Council, who hold the power to vary, the option of
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Tybee Island, Georgia
August 14, 1986
Page Three
deciding the question of the access road'!s width. Bob Thompson
noted that the easement for access is a design consideration and
could be addressed later.
Jeanne Hutton, from the audience, spoke against
granting an easement for access, mentioning that city services
will be provided and that narrow lanes on the beach side of Butler
can be a problem - garbage trucks now have to back out of some of
these lanes.
Richard Zittrauer stated that the developers are
also concerned about providing the safest possible access, but
that the size of lots, and the required setbacks, mandate no more
than 15 feet.
Jeanne Hutton cited the Master Plan, saying that
lane width was considered to be one of the major problems of
Neighborhood 7.
Jim Monaghan spoke again, saying that the Planning
Commission felt it best to leave the decision on the lane width
to Council to decide because there are a number of topographical
problems in the area.
The public hearing was closed.
Mayor Parker then opened the meeting for business
legally presented.
His first action was to ask Rose E. Lanier to come
forward. He said that 90% of the calls Oming in to City Hall are
people asking for "Betty ", and he commended her for working espec-
ially hard this summer during the Clerk's illness. He then told
Council that he wished to officially appoint her as Deputy Clerk
and Assistant Zoning Administrator, and the Council concurred.
Mayor Parker then introduced Mary McAfee, and
appointed her as liaison member of the Zoning Board of Appeals
for the Planning Commission, a position that has been vacant since
Jeff Dukes resigned. Local ordinances require a member of the
Planning Commission serve on the Zoning Board of Appeals. Mary
McAfee will fill the seat left vacant by Lou Arcangeli's resigna-
tion.
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Tybee Island, Georgia
August 14, 1986
Page Four
Mayor Parker asked the City Attorney, Tom Mahoney,
to look into legal questions surrounding the deed for the library
site, working with the county attorney, and acting for the city.
Mr. Mahoney agreed, saying that after the questions are answered,
he will bring a Resolution and Deed for Council's consideration.
Councilmember Solomon moved that Dan Brown be
asked'to represent the city in negotiating with the USCG on the
Tybee Lighthouse property proposal. Councilmember Davis seconded
and the motion passed unanimously, with Mayor Parker saying that
he will appoint one of the members of Council to work with Mr.
Brown.
Mayor Parker then suggested to Council that the
Water /Sewer Committee, with Department Head Art Harden, consider
the Clark -Hogan request for sewer service on Bay Street. Council-
member Solomon, saying that 30 days waiting for a Council decision
might be a hardship, moved that the committee, with the Administra-
tor, be givdn power to act. Councilmember Jackson seconded, and
after discussion of the ordiannces governing who pays - city or
developer - the vote was unanimously in favor of turning the matter
over to the water /sewer committee, City Administrator, and W/S
Superintendent.
The Nichols petition for flood variance was next
discussed. Councilmember Jackson stated that he considers the
owners to be under genuine hardship, moving to grant the variance.
Councilmember Davis seconded. Councilmember Walsh agreed that the
hardship exists, but reminded everyone that there may be a danger
of setting a precedent, since there are probably many-others with
similar problems, indluding himself as one of those who were
allowed by the city to put a laundry and /or bathroom on the lower
floor several years ago. He also reminded his fellow Council -
members that the city needs to avoid fur her problems with the
FEMA agency. Councilmember O'Dell state that he agreed with
Councilmember Walsh that the city cannot afford to jeopardize its
standing with the federal flood control people. Councilmember
Tybee Island, Georgia
August 14, 1986
Page Five
Solomon stated that the city does not grant variances easily
but that he tends to agree with Councilmember Jackson that a
true hardship exists in this case. The Vote was taken and was
tied, with Councilmembers Jackson, Davis and Solomon voting
affirmatively and Councilmembers O'Dell, Walsh and McCutchen
casting negative votes. The motion to grant the variance was
defeated by Mayor Parker's negative vote, breaking the tie.
Bobby Sanks,was given permission to have the
Christian concert in accordance with stipulations made earlier.
Bills for July, 1986 were approved as follows:
Water /Sewer $23,406.82
General Government $17,412.97
Police /Parking /Lifeguards $11,955.55
Fire /First Responder $ 4,227..47
Recreation $ 1,555.96
July 10th minutes were approved.
Bob Thompson made a report on Planning /Develop-
ment for the year, saying that building has exceeded four million
dollars in construction costs, and he estimates as much as seven
million for the year. The month of Julyi, permits were issued for
$310,000 construction. The number of housing units was unknown.
He also stated that the city has retained a consulting firm to
come up with preliminary design and costs estimate for the
pier /pavilion and should be ready to meet with city officials
the week of August 26th.
Councilmember Solomon moved to accept the Planning
Commission's recommendation and grant the subdivision called
Marsh Winds. Councilmember Davis seconded. Councilmember Walsh
expressed concern about the one -way street plan, and about the
possible expense of culvert - would his public works department
bear the cost, or would the developer? It was noted that the
developer would have to pay for culvert,, if necessary, but that
the Naylor end of the street is already culverted. Councilmember
McCutchen said she is concerned about Lot #1, the marsh lot.
Tybee Island, Georgia
August 14, 1986
Page Six
Mayor Parker said that the city can't issue a building permit
for that lot until the state and /or Corps of Engineers approves
if marsh is involved. The vote was unanimously in favor of
granting the petition to subdivide.
The Zittrauer subdivisions petition was next
considered. City Attorney Mahoney counseled that approval of
the subdivision plat would include approval of the 15' access
lane since this is shown on the plat. There was lengthy discussion
of a sewer line with manhole located within the property with an
understanding finally reached that the city would either be granted
an easement or the line would be relocated so that the city sewer,
and the seven or so houses served by it, would not be inaccessible
in future. Councilmember Solomon moved that the subdivision pe-
tition be granted, Councilmember Davis seconded and the vote was
unanimously in favor.
Mayor Parker announced that the free parking on
Wednesdays, as a feature of the joint city /chamber "Welcome
Wednesdays" promotion, will continue through the month of August.
He also announced that the Tybee Jubilee will be held on the last
weekend in September - the 26th, 27th & 28th. He added that the
Chamber needs volunteers and that the project is lots of fun for
those who participate.
A Second Reading of Code Section 9 -1 -20, the
vending prohibition ordinance, followed. Cbuncilmember Walsh
moved its adoption and Councilmember Solomon seconded. Council -
member Davis questioned whether this ordinance might not make it
more difficult for local clubs, schools and similar organizations
to do their fund raising and there was general discussion of this
point with consensus that this is definitely not the intent of the
ordinance. The vote was five to one, with Councilmember Davis
casting the dissenting vote. The ordinance was adopted, and a
copy is attached to these minutes.
City Attorney Mahbney st t that the Georgia Code
allows alcoholic beverage sales on election days to be adopted by
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Tybee Island, Georgia
August 14, 1986
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Resolution rather than by ordinance. He then read a Resolution
for this purpose. Councilmember O'Dell moved its adoption,
Councilmember Solomon seconded and the vote was unanimously in
favor. A copy is attached to these minuftes.
Councilmember Solomon informed the audience that
a consulting firm, Leonard, Call & Taylor of Myrtle Beach, S.C.
(having a branch office on Hilton Head Island); an architectural
firm, Lominack, Jewett & Spencer of Savannah; and Thomas & Hutton
Engineering Company have been retained to do a feasibility & cost
study of the pier /pavilion.
There being no further business, the meeting
was adjourned.
CLERK OF COUNCIL
THE TYBEE MUSEUM ASS9CIATION
FORT SCREVEN
TYBEE ISLAND. GA.- 31328
PHONE (912) 786.4077
Recommendation to the
Tybee Island City Council
on the Operation of the Tybee Island
Lighthouse by the Tybee Museum As ociation
Situation
The five acre Tybee Island Lighthouse Reservation is located on the
north end of Tybee Island and is owned by the U.S. Government and
operated by the United States Coast Guard. Real Property on the reserva-
tion includes the Tybee Lighthouse (brick construction, 150 foot tall,
circa 1868), three lighthouse keepers cottages (aluminum sided frame
cottages circa 1868 and before), two brick support structures, apartment
complex (cement block, 4 unit) paved entrance road, parking area,
heliport, and radio tower /antenna. The Coast Guard plans to continue
the operation of the Lighthouse as an automated rear channel marker
and a base for remote radio equipment. The cottages and apartment
complex have been vacated as part of an austerity move. Two employee -
owned and occupied trailers remain on pads on the reservation until
those employees transfer. Current plans call for the facility to
be vandal proofed by the boarding up of doors and windows and possible
addition of a hurricane fence around all structures.
Recommendation
The Tybee Lighthouse is the most significant historic structure and
landmark on,L bee Island. The Tybee Museum currently opens the Lighthouse
to the public for tours on Saturday afternoons in the summer. With
a minimum amount of publicity, attendance has averaged over 100 people
per afternoon. The development of this facility as an education and
historic site, open to the public on a regular basis, would prove
extremely beneficial in promotion of Tybee Island as a tourist destina-
tion and would offer an exceptional compliment to the beach and Tybee
Museum. Such an operation would also be far more preferable than an
abandoned, boarded -up facility. Since the Coast Guard wishes to con-
tinue utilizing the lighthouse as described above, they are not in-
terested in disposing of the site. They would however, be willing
to negotiate for the possible long term lease of the site for educa-
tional purposes. We, the Board of Directors of the Tybee Museum Asso-
ciation, propose that the City of Tybee Island and the Tybee Museum
Association negotiate jointly with the Coast Guard for the operation
of the Lighthouse reservation as a historic attrafction. We further
request that the facility be operated by the Museum Association with
the guidance and support of the city. Since the :intent of the Coast
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Guard is to save money. any lease would require the leasee to be res-
ponsible for most maintenance to the facilities and grounds. Since
management responsibilities would be significant and revenues from
a modest entrance fee would not support the cost, we propose the follow-
ing:
1. The Association would hire a full time director with museum
experience to be responsible for management of the site in con-
junction with the Tybee Museum.
2. Two cottages would be gradually restored for use as a lighthouse
history museum, giftshop, offices, and storage. One cottage would
serve as the director's residence.
3. The apartment complex would be rented to individuals as residences
with the resulting income to help pay operational expenses.
4. The Lighthouse and accompanying history museum would be open
to the public on a regular basis and operated jointly with the
Tybee Museum.
There is no doubt that this is an energetic undertaking and the Coast
Guard may not agree to terms permitting the sublet of facilities.
We do feel. however, that we can operate an attractive and self - sustaining
program in this manner.
The Museum Association is committed to insuring the protection and
preservation of this historic landmark. Further more we would like
to keep it attractive and accessible to visitors, An attraction of
this importance would significantly enhance the ropularity of Tybee
Island as a destination location for visitation, thereby, contributing
to the economic wellbeing of the community. We are soliciting the
support of the City toward this end.
Daniel W. Brown
President
Tybee Museum Association
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ORDINANCE # / 7
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA,
CODE OF ORDINANCES DELETING SECTION 9-1-20, SALES
ON STREETS, STRAND, BEACH OR PARK; PROHIBITED
WITHOUT PERMISSION; EXCEPTION. AND SUBSTITUTING
IN LIEU THEREOF A NEW ORDINANCE, SECTION 9 -1 -20,
SALES ON STREETS, STRAND, BEACH OR PARK; PROHIBITED.
BE IT ORDAINED,•AND IT IS HEREBY ORDAINED, that Section 9 -1 -20
as stated is deleted and a new Section 9 -1 -20 is enacted as follows:
Section 9 -1 -20. Sales on Streets, Strand, Beach or Park;
Prohibited.
The City Council of the City of Tybee Island, Georgia, has
made the following findings:
(1) That the public beach and streets and parks are public
areas which are open and accessible to all persons;
(2) That the public beach, streets, Strand and public parks
of this City are maintained and subjected to reasonable regulation by
this Council in order to promote the health, safety, welfare and morals
of all persons;
(3) That said areas provide a unique area for all persons
to pursue peaceful relaxation and quiet enjoyment in a reasonable manner;
(4) That it is desirable and necessary to preserve the unique
nature of the areas referred to hereinabove and to protect all persons
who utilize those areas from undue annoyance, disturbance and inconvenience,
and for those reasons, the City Council of the
states:
ity of Tybee Island
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(5) It shall be unlawful for any person, firm or corporation
to sell or offer for sale any goods, wares, merchandise or food on any
of the public streets, or on the Strand, or on the beach, or in any
public park, or to solicit from any person for the purchase of any goods,
wares, merchandise or food which will annoy or bother any person or
persons who are pursuing peaceful relaxation and quiet enjoyment within
the confines of the City of Tybee Island, Georgia, or on the Strand,
or on the beach located therein or adjacent thereto. This prohibition
shall not be construed to prohibit the display, offering for sale or
sale of any goods, wares, merchandise or food immediately in front of
the place of business of the seller, provided the seller has a buliding
from which his business is being operated.
This prohibition shall not be construed to prohibit the
City Council from the issuance of a temporary permit to allow any such
sales at designated times and places where, in the discretion of such
governing body, those sales will not annoy, bother or harass the
citizens and visitors of Tybee Island.
&AA....,
C_ rk of Council
ADOPTED this
1st Reading: 1 -10 - � c
2nd Reading: , `t ._� ( ,
Adopted: r , , k4 g (o
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A RESOLUTION
WHEREAS, the Official Code of Georgia Annotated provides
in Title 1, Section 3- 20(2)(A) in part that no person knowingly and
intentionally shall sell or offer to sell alcholic be erages on any
election day; and,
WHEREAS, said Section further provides.in cart that the
local governing authority of any County in which the Sale of alcoholic
beverages is nuthnrized and the local governing authotity of any
municipality in which the sale of alcoholic beverages'is authorized
may, by nrdinnnce, resolution, or referendum, authorize the sale
of alcholic beverages on nny election days; and,
WHEREAS, the City of Tybee Island, Georgia, and the County
of Chatham are authorized to sell or offer for sale alcoholic beverages;
and,
WHEREAS, it would he desirable to relieve the restricted
sale or offering for sale of nlcholic beverages on election days
In a community which is comprised of residential and resort facilities:
NOW, THEREFORE, LET IT BE RESOLVED that the City of Tybee
T'lind, (:,7,,rgla, In open meeting duly assembled, hereby authorizes
the sale and the offering for sale of alcholic beverages on any
election days within the confines of the City Limits Of the City
of Tybee Island, Georgia.
ADOPTED AND APPROVED, this / day of
1986.
Attest:
Cl rk of Council
MAYOR