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19870514CCMeetingTybee Island, Georgia May 1* 1987 The Tybee Island City Council held its regular monthly meeting at Tybee City Hall on Thursday, May 12, 1987. Mayojr Walter W. Parker presided and the following members of Council were present: Paul Jackson, Phil O'Dell, Jean Davis, Bill Walsh, Chris Solomon and Kilma McCutchen. Also present were the City Attorney, Thomas J. Mandney, Jr., and the City Administrator, Bob Thomson. Mayor Parker welcomed the audience and introduced Pat Locklear who presented each Councilmember with the Centenniall Committee's Coco -cola bottle celebrating Tybee's Centennial Year. It was announced that these cokes would be on sale to the public at certain locations on the island. Mayor Parker next recognized Marianna Seyden and several members of the Beautification Committee which she chairs. He explained that this . committee has done an outstanding work, always with their "eyes set on future things" and expressed the gratitude of the whole town. Mrs. Seyden responded by thanking the Mayor and Council, City Administrator, City Clerk, and all town employees, especially Billy Rye for their help and cooperation. Mary Ann Parker brought a pictoral history of the first six months of the Centennial Committee's activities and other highlights such as the Arbor Day Program and library groundbreaking. These were available for view by the people after the meeting. Elinor Minshew of Anderson & Karatassos spoke, saying that April ended the first six months of the Centennial Committee's activities. She gave an update of events thus far, and highlighted some of the plans for the next six months. Fitz Simmons spoke, asking questions or making comments about some of the ordinances that will be read later in the meeting. He also expressed concern about the four -year terms of office for municipal officials. City Attorney Mahoney responded by saying that the 1State law, after 1993, will make four -year terms, and the date of election, standard throughout Georgia, and that there will be no option. Cathy McNaughton asked why the lifeguards can't be made responsible for picking up litter in the immediate vicinity of their lifeguard stands. Her remarks were accepted as information. Tybee Island, Georgia May 12, 1987 Page Two Minutes for the month of April were approved as written. Bills for April were approved as follows: General Government $ 1,211.49 Water /Sewer $ Police /Parking $1(1),691.35 Public Works /Sanitation $ 8,409.32 Fire /First Responder $ 1,074.84 Recreation $ 1,168.96 Two communications were read: 1) A letter from Dr. Lew Bellardo of the Georgia Historical Society concerning the city's records management, and preservation of older records as a part of the Centennial activities. 2) A letter to the Mayor from Governor Harris concerning the proposal to reconstruct dunes as an adjunct to the recently completed beach renourishment project. Police Commissioner O'Dell made a committee report, following which he moved that "Pizza on Wheels ", corner of Jones & US 80, be granted a license for beer sales. Councilmember Solomon seconded. The vote was two in favor and four (Councilmembers Jackson, McCutchen, Walsh and Davis) opposed. The license was not granted. During disdussion the City Attorney advised that the standards found in the Tybee Code Section 9 -2 -22 should be the basis on which licensing is considered by all members of the Council, regardless of the conclusion reached by each individual. Councilmember Walsh stated that the location, in his opinion, fell under the conditions described in paragraph (2) of the ordinance mentio ed. Councilmember McCutchen concurred, saying that she does not beli ve another area of the island should be saturated with alcoholic beverage licensing. It was also mentioned that this area has recently been re- described in the Zoning Ordinance, with the designation of Residential /Business Transitional, added to the Commercial -Two zoning designation; the reasoning behind this zoning was to allow judgement in development of residential and business uses in areas where mixture already exists. 1 Tybee Island, Georgia May 12, 1987 Page Three Councilmember O'Dell continued his report by moving the granting of a license for beer & wine sales for consumption off - premise to Jiffy Mart for a location (corner of U S 80 and Lovell) where no building yet exists. Councilmember Solomon seconded. Councilmember O'Dell stated during discussion that it would be hard to explain denying one license and allowing another within the general area. He also stated that traffice is DOT's problem, not the city's. Councilmember Solomon reminded everyone that alcohol sales is a very important source of i come to the island. The vote was 2 - 4. Councilmembers Walsh, McCutch n, Davis & Jackson cast the negative votes and the application was not approved. Mayor Parker asked Mr. Thomson to notify both petitioners of the Council's decision. Councilmember Walsh reported for the DPW /Sanitation Committee that a citation, similar to a parking citation, has been ordered and fines will be assessed for violations of the sanitation ordinances. He reported that he and Billy Rye had recently visited Winder to look at a pit burner in operation there, and that the committee is studying a sample ordinance from another town, with no changes in our ordinances being recommended at this time. Bob Thomson elaborated by informing the group that the City Engineer, John Hutton, says that the EPD official, Clif TrusSel, is still adamantly opposed to use of pit burners, but that she made him aware of a grant for sanitation trucks and this is being pursued. Councilmember Davis reported that the audit bid of Jackson & Thompson has been accepted, with an option for the same fee for FY 89. Councilmember McCutchen announced that the Fire Department & First Responder is sponsoring the "Vial of Life" program here. She explained its use, and said that the vials would be available at City Hall. Councilmember Jackson introduced the drainage ordinance and it was read by the City Attorney. First reading approval was moved by Council- member Jackson, seconded by Councilmember Davis. Councilmember Solomon stated that he can't support it because he believes it may legitimize unauthorized digging on other people's property. The vote was four in favor, one against (Solomon). Councilmember O'Dell abstained. 1 1 Tybee Island, Georgia May 14, 1987 Page Four The ordinance on privacy fencing was read with Councilmember Jackson moving approval. Councilmember McCutchen seconded. Councilmember Solomon asked if the "approval of Zoning Administrator" gave him the right to choose the color? After a short discussion the ordinance passed by unanimous vote. The second reading passed unanimously as well, and the ordinance was adopted and becomes a part of these Minutes. Mrs. Mary Price, President of the Tybee Island Garden Club, rose to thank the Mayor and Council for passing this ordinance, which the club had requested, and asked who they should thank for the privacy fence around the city's maintenance shops. Mayor Parker explained that a local developer, Rick Hogan, volunteered to place the fence there, believing it would be bene- ficial to his project, Shipwatch Dunes, in the next block. Councilmember Davis and City Administratov Thomson explained the provisions of the budget for FY 87/88. There tas a general discussion of its provisions, especially the Capital Budget, and a special meeting was called for Thursday, May 21, to finalize its approval. Mayor Parker said that the administration is committed to reducing the millage by at least 2 mils, which should keep the total budget the same, since small increases are projected in several areas, and since it has been possible to decrease some operational expenses. An ordinance amending Code Section 2 -4 -6 (Probationary Period) was read by the City Attorney. It was explained that the Police Department had asked for this change due to the complexity of the training required for officers. Councilmember O'Dell moved its adoption, Councilmember Davis seconded, and the vote was unanimously in favor on First & Second Readings. The ordinance is therefore adopted and becomes a part of these minutes. Councilmember O'Dell reported on an ordinance change also requested by the police department, prohibiting minors in bars. He explained that this will clarify a vagueness in the local law. The City Attorney explained that young people still can't legally drink until t but this makes it illegal for them to frequent bars Councilmember O'Dell moved adoption; Councilmember hey're 21 years old, if they're under 18. Davis seconded. The vote, on First and Second Readings, was unanimous. The ordinance was adopted and is a part of these minutes. 1 1 Tybee Island, Georgia May 14, 1987 Page Five Councilmember Bill Walsh read an ordinance increasing the rate of hotel /motel taxes from 3% to 5 %. He moved its adoption, and Councilmember Jackson seconded, saying that he intends to see the money goes specifically to tourism. Councilmember Solomon says the lifeguards, litter control, etc. are a part of tourism. City Attorney Mahoney stated that the state law which authorized the increase to 5% local tax nandates a percentage be contracted for tourism promotion and that he will study the act more carefully to be sure the city is advised correctly concerning this. Council- member Solomon said he'd like to earmark the funds for the pier and pavilion. Mayor Parker stated that he understands from the Chamber President that many business owners would support such a plan, for use of at least a portion of the income. It was noted by the City Attorney that at least as much as last year must be spent on tourism promotion according to the language of the Act, but he will study it further. The vote, on First and Second Readings, was unanimously in favor, and the ordinance is a part of these minutes. Councilmember Walsh read amendments to Sections 10 -1 -35 and 10 -1 -37, both a part of the local parking decals section. He said these changes are necessary because of the way the decals are being handled now. After a short discussion, during which Chief McCutchen's guidance was sought, the ordinance was adopted, on First & Second Readings, unanimously, upon motion of Councilmember Walsh, seconded by Councilmember Davis. The ordinance is attached to, and becomes a part of, these minutes. The children's fishing tournament, and other upcoming events, were announced. City Treasurer Phyllis Cary offered the following properties for FiFa for delinquent taxes for FY 84/85, FY 86,1 and first half of '87: 1) PIN # 4- 2 -12 -4 2) 4- 8 -3 -19 3) 4 -9 -6 -1 4) 4- 22- 1 -106A There was interest, and bidding, from the audience. The city Attorney informed everyone that the owner has a year to redeem, at 10% interest. 1 1 1 Tybee Island, Georgia May 14, 1987 Page Six Mayor Parker showed the picture presented to him today by Colonel Stan Genega of the Corps of Engineers during the ceremony marking the finish of the Beach Renourishment Project. The meeting adjourned until the special called meeting already announced for Thursday, May 21. r CLERK OF COU'CIL 0 \ 1 Ordinance # 1987 -7 AN ORDINANCE TO BE ENTITLED "PRIVACY FENCES" AND TO BE ENCODED AS SECTION 8 -4 -20 OF THE TYBEE ISLAND CODE OF ORDINANCES. BE IT ORDAINED AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT A SECTION TO B ENUMERATED 8 -4 -20, AND ENTITLED, "PRIVACY FENCING ", BE INCORPORAT D INTO THE TYBEE ISLAND CODE OF ORDINANCES, TO READ AS FOLLOWS: BUSINESSES THAT HAVE A COMMON BOUNDARY WITH, OR ARE LOCATED ACROSS A PUBLIC STREET FROM, A RESIDENTIAL NEIGHBORHOOD SHALL HAVE A PRIVACY FENCE NOT LESS THAN SIX FEET (6') IN HEIGHT. ALL TRASH & GARBAGE CONTAINERS & CLEANING EQUIPMENT SHALL BE STORED BEHIND THIS FENCE. ALL DUMPSTERS AND OTHER COMMON AREAS FOR DISPOSAL OF TRASH AND GARBAGE, WHETHER SERVING A BUSINESS, OR A GROUP OF RESIDENCES, SHALL BE SCREENED IN A SIMILAR MANNER. ALL PRIVACY FENCING SHALL BE LOCATED ON THE PROPERTY IT SERVES, AND ITS LOCATION AND APPEARANCE SHALL BE APPROVED BY THE ZONING ADMINISTRATOR. CLERK OF COUNCIL 1st Reading: May 14, 1987 2nd Reading: May 14, 1987 Adopted: May 14, 1987 1 1 Ordinance # 198'7 -g AN ORDINANCE AMENDING THE TYBEE ISLAND CODE OF ORDINANCES, SECTION 2 -4 -6 APPOINTMENTS, AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION 2 -4 -6 PERSONNEL APPOINTMENTS, PARAGRAPH BE AMENDED TO READ AS FOLLOWS: (d) Probationary Period Section 2 -4 -6 (d) Probationary Period. Each employee receiving an appointment with the city shall complete a probaationary period of one year. For law enforcement personnel, in appropriate positions, the probationary period shall not be considered complete until the employee has successfully completed the required basic training course, even if the time to complete the said training course exceeds one year. However, under no circumstances will the probationary period be less than one year. At the conclusion of the probationary period, the de- partment head shall recommend whether to: (1) retain the employee in the present position and classification; (2) Assign the employee to an alternative position usually at a lower classification; or (3) Separate the employee from city service. CLER OF COUNCIL 1st Reading: May 14, 1987 2nd Reading: ii Adopted: Thai 14 , c $ Ordinance # /917- AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, TYBEE ISLAND, GEORGIA, REGULATING THE PRESENCE OF MINORS IN BARS AND COCKTAIL LOUNGES, AND FOR OTHER PURPOSES: BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED: Section 9- 2- 10(d). Frequenting Bars, Cocktail Lounges by Minors Regulated. It shall be unlawful for any person who has not reached the age of 18 years to be permitted to remain in a bar or cocktail lounge while selling and consumption of alcoholic beverages is permitted, unless he is accompanied by his parent or guardian, or has a notarized permit from his parent or guardian. —CLERK OF COUNC L 1st Reading: 644- Ffri 2nd Reading: 544_10 Adopted: 1 Ordinance # 19 '7 - ID 1 AN ORDINANCE OF THE CITY'OF TYBEE ISLAND CODE ■F ORDINANCES, SECTION 3 -2- 41(2.), SETTING THE RATE OF TAXATION FOR HOTEL /MOTEL EXCISE TAXES, AND FOR OTHER PURPOSES. Be it Ordained, and it is hereby Ordained, by the Mayor and Council in Open Meeting Assembled, that Section 3 -2 -41(2) be amended to read as follows: 3 -2- 41(2). The rate of taxation shall be five percent (5 %) of the charge to the public for that furnishing; howevler the aggregate of the taxes to be levied upon the sale or charges for any room, lodging, or accommodations shall not exceed ten percent (10%) of the charge to the public for those furnishings. OF LERK OF LERK COUNCIL 1st Reading: May 14, 1987 2nd Reading: s_14 _ g1 Adopted: S--I4 - %1 1 1 1 Ordi na%ce # 1917-// AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, AMENDING SECTION 10 -1 -35 and SECTION 10 -1 -37, FREE PARKING DECALS, AND FOR OTHER PURPOSES: BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND BE AMENDED TO READ: 10 -1 -35. Free parking decal authorized. There is established by the city the right to issue an automobile decal that will permit free parking on all public streets and city parking lots within the city. 10 -1 -37. Same - Display on Vehicle, design, etc. The decals shall be displayed in whatever manner, and shall be of whatever design, shape and color, as may be designated by the governing body. CLERK OF COUNCIL 1st Reading: May 14, 1987 2nd Reading: Adopted: S-_14 -g7