HomeMy Public PortalAbout19870514CCMeetingTybee 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.
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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.
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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.
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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.
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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 \
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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
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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:
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Ordinance # 19 '7 - ID
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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
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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