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Tybee Island, Georgia
February 12, 1987
The Tybee Island City Council held its regular meeting on
Thursday, February 12, 1987 at 7:30 p.m. at City Hall. Mayor Walter W.
Parker called the meeting to order and the following members of Council
were present: Chris P. Solomon, Kilma McCutchen, Bill Walsh and Jean
Davis. Phil O'Dell and Paul Jackson were absent. The City Attorney
and the City Administrator were present. Minutes were recorded by the
Deputy Clerk, Rose E. Lanier, in the absence of the Clerk who was attending
the Clerks' Institute in Athens.
Mayor Parker continued the public hearing on a zoning text
change entitled Public Parks /Conservation. He first called on Ed Lee,
Counsel for the Chatham School Board, acting both on behalf of the board
and of a private landowner, Mr. Newsome. He was informed that all private
lands had been excluded from the area covered in the ordinance, and maps
were indicated to illustrate this fact.
Mr. Lee spoke against rezoning the land belonging to the school
board, calling it condemnation without compensation. Mrs. Dottie Kluttz
was recognized by Mayor Parker. She questioned whether the land was not
Tybee land, donated to the school board for the specific purpose of building
a school, and if so, why it would not come back to the city if no longer
used as a school. Mr. Lee replied that there had been a reverter clause,
but this had been removed in 1954 when the state expended a large amount
of money on construction, and requested legal title. Mrs. Kluttz remarked
that it still seemed to her to be taking the land from the Tybee people,
if it is sold by the school board.
Mayor Parker stated, in response to a question, that he has
been informed that the date of the school's closing will be 1990, only
two years away and, according to the present deed, the school board is
free to sell the land to any private developer. Mrs. Kluttz asked if
the school board has offered to negotiate with the city regarding future
use of the land. Mayor Parker answered negatively, . saying that he has
heard informally that the superintendent is willing to talk about it,
but has not been invited to a meeting or contacted officially at all.
Mayor Parker then recognized Jeff and Angel Schroeder, informing
the audience that the Schroeders were victims of a tragic fire the night
before.
Tybee Island, Georgia
February 12, 1987
Page Two
Jeff Schroeder spoke to the Council about better inspection and
enforcement, saying that something should be done about the south end
of the island where there is so much squalor and filth, and inadequate
sanitation. He said the Barbee apartments were a time bomb and fire trap.
He explained that he and his wife have lost nearly everything they'd worked
for, and that people should not be allowed to live in houses dangerous
to their neighbors. Mayor Parker responded sympathetically, saying that
he knows the Schroeders spent many hours renovating their property, and
that they are feeling angry.
Mrs. Schroeder raised the question that she had expected to
be on the agenda petitioning for a zoning change, but that the item is
not on the agenda. Mayor Parker gave the background, for information
of those present, that the Schroeders had asked that their neighborhood
be rezoned residential, rather than commercial, primarily for reasons
to do with financing of a home loan.
Mrs. Schroeder responded by saying her neighborhood is primarily
single family housing, that the area was the first to form a Neighborhood
Watch, and wanted decent family homes.
Mayor Parker responded that he sympathized with the Schroeders
concerns, and that Council will certainly be willing to update or change
codes if necessary.
Mr. Schroeder replied that it is not a matter of new codes,
but rather of enforcement. He said they had told the Planning Commission
of the problems in their neighborhood and were laughed at. Mayor Parker
replied that he has never laughed at their concerns, but that he doesn't
believe tonight is the time to talk about the zoning issue, while in the
midst of a tragedy.
Mr. Fitz Simmons stated that the agenda is set at a closed
meeting, and that may be why the matter didn't get on the agenda.
Mayor Parker replied that the agenda preparation meeting is
advertised in the Tybee News, that the date and time are the same each
month, first Thursdays at 7:00 p.m., and that the public is welcome. He
added that he missed the meeting this month, being out of town on city
business.
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Tybee Island, Georgia
February 12, 1987
Page Three
City Attorney Mahoney spoke of the state zoning laws requiring
advertisement and notice to adjacent property holders, saying that if
the matter had been raised in agenda, there would nct have been time to
fulfill the public notice requirements.
Bob Thomson said that the zoning application was for a single
parcel and was clearly spot zoning, so there was discussion of looking
into the rezoning of the entire neighborhood, or, alternately, of using
the transistional business /residential text amendment. Since there were
no others in the neighborhood who had yet come forward, preceding with only
a single parcel surrounded by a different zoning would be illegal, and
the city had been trying to find a method to help the Schroeders with
their request; further than that he could not remember.
Jim Monaghan, Planning Commission Chairman, said that it was
his understanding that the neighbors didn't want the area rezoned, and
that was why the Planning Commission couldn't give the Schroeder petition
favorable consideration; as spot zoning it was against the state law.
Councilmember Solomon said that he remembered Jeff Schroeder
coming to an agenda meeting, but he spoke about the quality of the water
in his neighborhood. He said he agreed with Mr. Schroeder that the area
has special fire hazards, and that it might be a goad idea to consider
extra fire hydrants. He added that the project of looping water lines,
already begun, is a step in the right direction, and that he believes
the city had already begun to address the needs Mr. Schroeder brought
to their attention at the earlier meeting.
Mr. Mahoney stated that he believes all the information just
given gave Mr. Simmons the response he needed as to Any question of undue
delay on the part of the city.
Michael Graham, Counsel for Rowell - Marbach, Inc. was the next
speaker. He said that he has a unique request to make in reference to
the denial of a zoning map amendment for Lot 8, Oceanview. He gave a
lengthy explanation of what he termed an honest misunderstanding and asked
that the matter be reconsidered, as the same petition, only changing the
request from R -T to R -1 -b. Mayor Parker said that he can't recommend
this action to council because he believes it would be a violation of
the city ordinance.
Tybee Island, Georgia
February 12, 1987
Page Four
Mr. Mahoney stated that it is his opinion that any reconsideration
by the Council would be a violation of the Zoning Procedures Act of 1985
which states that the petition can't be reheard for at least six months.
He added that the city's ordinance says 12 months, but that his opinion
would be that the state law would govern. He said Ie doesn't think there
is a legal way to honor the request, but will do fu ther research if Council
directs. He doesn't believe further research, however, would reveal any
way to avoid the Code of GA Annotated Section 36 -36 -5.
Michael Graham cited the relative newness of the law, saying
that no case law has yet been developed.
Councilman Solomon asked if the land isjsold to another owner
could they re- apply.
The City Attorney replied that the time stipulation runs with
III the land, not with the ownership. He reiterated that he cannot find any
logical authority to allow Council to act in the manner requested.
Mayor Parker opened the meeting for business legally presented.
The Zoning Map Text Amendment, Public Parks /Conservation,
was the first item considered. It was noted that nd new correspondence
has been received since the matter was discussed in January, 1987.
Councilmember Solomon stated that the Council has carefully considered
the zoning criteria and studied the proposed change at length, over a
period of several months. Councilmember McCutchenjmoved approval of
the zoning text change, Councilmember Davis seconded and the vote was
unanimously in favor. The zoning text change was therefore approved,
�
, p and a copy is attached to, and becomes a part of, these minutes, and will
I- b. ' r'-be codified as Section 8- 4 -33(c) of the Tybee Island Code of Ordinances.
,`' ,,,1 Councilmember Solomon moved approval of the minutes of the
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meeting of January 8, 1987, and they were accepted unanimously.
Bills for the month of January were approved as follows:
General Government $14,855.10
Public Works /Sanitation $16,678.63
Fire /lst Responder $ 1,513.58
Recreation $ 815.36
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Tybee Island, Georgia
February 12, 1987
Page Five
Mayor Parker explained that the city has received a grant
from Gamefield, Inc. for a Senior Walking Course and that Bob Thomson
and John O'Neill should be credited with getting it. Bob Thomson explained
that the course is for senior citizens, and it's planned to place it near
the new library in Memorial Park. Councilmember Solomon said that the
older people want some benches nearby, and he agrees that this should
be done.
Bob Thomson reported that Georgia Municipal Association has
chosen Tybee as a demonstrator city for a new computer system they are
endorsing for use by city governments. He said that this is really needed,
we're growing and this will help the office a lot. Mayor Parker remarked
that the involvement of this administration, and the
immediate past admin-
istration,with GMA is responsible for the city's selection.
Announcements of upcoming events were read.
Councilmember Solomon asked the Chief of Police if he can
get Community Service Workers to help with the Centennial Clean -up, and
the answer was affirmative.
Chief McCutchen announced the Open Housel for the newly renovated
Police Facility has been changed to begin at 6 p.m., rather than 7 p.m.
Councilmember Walsh reported on a contract agreement with
CCI for prison workers. The agreement is a joint one with the City of
Bloomingdale. Councilmember Walsh moved that the agreement be accepted,
Councilmember Solomon seconded, and the motion passel without dissenting
vote.
City Attorney Mahoney introduced a variance petition for a
flood elevation variance for property at 405 First Street. Councilmember
Walsh moved to deny. There was no second and the motion died. No other
motion was offered, and no action on the petition wa taken.
A Resolution requesting C & H Bus Lines to provide more timely
scheduling for students of St. Michael's School was read. Councilmember
Davis moved its approval, Councilmember McCutchen seconded and the vote
was unanimously in favor. A copy is attached to, and becomes a part of,
these minutes.
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Tybee Island, Georgia
February 12, 1987
Page Six
Two alcoholic beverage license applications were next discussed.
The first, for Taylor's Restaurant, located within the Econolodge Motel,
was unanimously approved, on motion of Councilmember' Solomon. The second,
for a "Pizza on Wheels" on First Street, was discussed at length. Council -
member Solomon moved to allow the license for beer on premises, but the
motion died for lack of a second. Councilmember McCutchen moved to deny,
with a second from Councilmember Walsh. Councilmember Solomon pointed
out that the 7 -11 and the Shrimp Net, in the same area, have licenses,
and asked why we would deny this one. The vote was two in favor of the
motion to deny (McCutchen & Walsh), one against the motion (Solomon) and
one abstaining (Councilmember Davis). City Attorney Mahoney stated that
this question can be brought up again later if investigation proves that
it should be. Councilmember McCutchen said she believes the residents
in the area have rights, too. Paul Baker asked permission to speak and
Mayor Parker granted it. Mr. Baker explained the type of operation planned.
No further action was taken. The City Attorney will check into procedures
governing issuance of licenses and will inform the Council of his findings.
The meeting was adjourned.
6-40 L
DEPUTY CLERK
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On Friday, February 6, 1987 the City Council was polled.
The question was whether to pay the balance of a legal
fee to Braziel & Braziel, Attorneys at Law, for defense of
Lieutenant Jimmy Price of the Tybee Island Police Department
for charges incurred in his defense in a case in which the
plaintiff charged police misconduct, suing the officer and
the city. The charges were proven to be without foundation
in court.(Earl Brown vs Tybee Island)
The vote was as follows:
In Favor
Jean Davis
Paul Jackson
Kilma McCutchen
Chris Solomon
Bill Walsh
Against
Phil O'Dell
The balance of the legal fees are therefore iapproved for payment.
.,L g?'
CLERK OF COU