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19870813CCMeetingD a D Tybee Island, Georgia August 13, 1987 The Tybee Island City Council held its regular monthly meeting at Tybee City Hall on Thursday, August 13, 1987 at 7:30 P.M. Mayor Walter W. Parker presided and the following members of Council were present: Kilma McCutchen, Jean Davis, Chris Solomon, Bill Walsh, Phil O'Dell; Paul Jackson was absent due to National Guard service. Mayor Parker opened the meeting by welcoming a large audience and the City Hall Staff who were special guests. He commended the staff for its excellent work, and then presented a plaque to Mr. Loran Taylor, City Marshall, who is continuing on limited hours after retirement, but who is retiring from full -time service. He then presented a signed print by Charles Leonard to our City Treasurer, Mrs. Phyllis Cary, congratulating her on completion of twenty years' service with the city, and remarking that he hopes she'll be here twenty more years. Two young gymnasts were presented with a Proclamation signed by the Mayor. The Proclamation makes August 28th & 29th Coastal Empire Gymnasts Weekend here - the gymnasts are holding what they hope will be the first annual event. The Mayor then opened the meeting for several advertised public hearings regarding zoning. City Attorney Mahoney informed Council that a change to 8 -4 -73 in regards to the length of time that an advertisement must appear in a news- paper prior to a zoning hearing would be illegal as the suggested five days would not comply with the state law which states a minimum of fifteen days. This, then, would not be considered. Code Section 8- 4 -72(a) was read by the City Attorney. This proposed ordinance suggests making a change from 12 months to 6 months for re- hearing a zoning change request the same parcel of land. Speaking for the change was Roy Rowell, stating that the 12 -month provision is a hardship on him, and on other businessmen here because Tybee has a seasonal market. He also stated his belief that his first hearing was influenced by information that was not factual, and that the facts were available at the time of the hearing, but did not come forth; he asked fair treatment for his project. D Tybee Island, Georgia August 13, 1987 Page Two Speaking against the change were Jim Kluttz who stated that he does not disagree with Roy's personal position, but that to change a law because of one isolated case is not reasonable. He stated that no code should be changed because of one unpleasant situation. He informed Council that all other jurisdictions in the county, and Chatham County as well, have the 12 -month provision. He noted that many citizens are interested in zoning and become very involved with re- zoning requests emotionally; he questioned whether it is fair to the citizens and to the Planning Commission and City Council to be put through public hearings more often. he is sympathetic to Roy's individual situation. Sam Adams spoke next, saying he was impressed with Mr. presentation, but asking that the change not be approved. Jeanne Hutton commended Council for its stand thus far, reminding that Mr. Rowell's original request was for a triplex, not a duplex. she believed everyone agreed that a triplex was too much for the that a duplex would be more acceptable there. She asked that the rule not be changed. Dottie Kluttz spoke, saying that she thinks this Administration has looked carefully at each zoning request that has come before them, and are aware of the stress on the community caused by re- zoning petitions. She added that the state code is a minimal, not a maximum, standard. Betty McLendon spoke to say that errors are caused by almost unavoid- able accumulation of years of rapid changes. She suggested we have someone come and get our ordinances in order. She also stated that Judge Head's court order contains errors. Jim Monaghan spoke for the Planning Commission, saying that the decision made by the commission had nothing to do with Rowell. Roy Rowell spoke in summary, saying he wants only an avenue to be reheard. He mentioned the pending suit in Superior Court, saying it was filed to meet a deadline, and to protect interests, and that he does not want to proceed with it. The public hearing was closed and Mayor Parker announced that a formal vote will take place later in the meeting. The next hearing was that of Hewitt /Page for a minor subdivision on Bay Street. Mr. Joe Page presented their request. Jim Monaghan, Chairman He reiterated that everyone She said lot, and 12 -month Rowell's 0 0 Tybee Island, Georgia August 13, 1987 Page Three of the Tybee Island Planning Commission, informed Council that his group unanimously approved the recommendation to allow, feeling it conformed with the neighborhood and the Master Plan. No one spoke against the petition. Mayor Parker closed the public hearing, saying that the other petitioner who might have been heard, Mr. Ric Hogan, had requested postponement and that his petition, when received, will be advertised. Mr. Fitz Simmons spoke as a visitor complaining that this is the only chance the citizens have to be heard, and that the Master Plan is used about like an old Sears catalog would be He reminded Council that there is still a hole in the beach at 17th Street for storm drainage and that the Corps has asked more than once that the city improve the drainage. He also mentioned the length of term of office for municipal officials, suggesting that the city not follow the uniform municipal election terms without first putting it on the ballot so that the citizens can have a voice. Mayor Parker introduced former mayor Charles J. Hosti and welcomed him warmly. Mr. Hosti spoke of Code Section 9 -2 -9, saying that when people make a fast decision sometimes it is a mistake and he believes Council made a mistake when they changed this ordinance. He reminded Council that there was a time when it wasn't possible to walk down 16th Street; he also reminded people that T.S. Chu's Dept. Store used to be open for business at night until the excessive drinking and unsavory atmosphere made it unprofitable. He said that there have been more DUI's than ever this year according to Chief McCutchen in his speech to MADD members recently. If this is true, we need to stop drinking. Accidents on Tybee Road are high. He ended his speech by requesting that the Council consider going back to the old ordinance which does not allow drinking on the beach. Mayor Parker said that he had met with the Chief of Police and the Police Committee and other advisors after receiving Mayor Hosti's letter about this subject and the consensus seems to be that there is no problem now, but that the reactions to the ordinance will be carefully watched, and the change made later if it is justified. Mr. Hosti also spoke of the recent tax assessments by the county a D Tybee Island, Georgia August 31,. 1987 Page Four saying that he and others had spent several days in the past week collecting signatures for a petition asking the County Commission to override the high assessments. Mayor Parker said that there would be a Resolution read in a few minutes pertaining to this subject and that he hoped Mr. Hosti would stay to hear it because it deals with the tax problems. Mayor Parker then introduced Harold and Harriet Polk, saying that people don't get to choose their relatives, but he wished he could have picked Harold for a father. The Polks are visiting the Parkers, and just arrived, coming into the meeting after it began. The meeting was opened for business legally presented. Mayor Parker read a Resolution concerning the tax assessments, stating the city administration's position, and saying that the city will lower its millage by a corresponding amount if the assessments aren't lowered. Councilmember Solomon moved adoption of the Resolution, Councilmember McCutchen seconded and the motion passed without dissent. There was enthusiastic applause from the audience. Minutes of the July 9th meeting were approved as written. Bills for the month of July, 1987 were approved as follows: General Government $18,893.19 Police /Parking $11,866.05 Water /Sewer (In absence of Paul Jackson, $18,593.78 approved by his committee) Public Works /Sanitation $34,373.56 Fire /First Responder $ 4,039.11 Recreation $ 3,949.58 The vote on the zoning text amendment was next considered. City Attorney Mahoney read Code Section 8 -4 -74 Criteria Governing Zoning Decisions and reminded Council that one visitor said that the Council doesn't act con- sistently in making zoning decisions. He stated that this code section list the criteria the Council must use, and that the Council should so state at every time of decision. Councilmember O'Dell moved that an exception be made to re -hear the petition of Roy Rowell, and that the zoning text change not be adopted. City Attorney Mahoney ruled that the motion was improper in that Council can't make an exception to its own law. D Q 0 Tybee Island, Georgia August 13, 1987 Page Five Councilmember Solomon stated that he has considered the criteria for making zoning changes and then he moved that the text change be adopted. The motion died for lack of a second. Councilmember Walsh moved that the 12 -month requirement be retained. City Attorney Mahoney ruled the motion unnecessary; the present zoning text stands. Councilmember Walsh then moved that the minor subdivision of Bay Street proeprty requested by Hewitt /Page be granted. Councilmember O'Dell seconded. City Attorney Mahoney suggested that a Councilmember state that the criteria for zoning had been considered. Councilmember Walsh complied, saying that he always considers the criteria in 8 -4 -74 when voting on any zoning decision. The vote in favor of the minor subdivision was 5 - 0. Councilmember O'Dell moved that a beer & wine license be granted to Jody Sadowsky of the Breakfast Club, who plans to extend his operating hours. Councilmember McCutchen seconded and the vote was 5 - 0. There were no communications. Councilmember Davis explained the city's pension plan, moving that it be accepted on 2nd Reading, with the additional provision that Mrs. Phyllis Cary, the City Treasurer be appointed to serve as Secretary. Council- member McCutchen seconded and the vote was 5 - 0 in favor of the plan, which may be examined in the City Treasurer's office. Attached is a copy of the names and signatures of the pension committee: Mayor Walter W. Parker, Finance Chairman Jean Davis, City Treasurer Phyllis L. Cary, City Administrator Bob Thomson, City Clerk Rowena B. Fripp, Payroll /Personnel Clerk Patricia Pagan and Captain Jimmie Lee Woods of the Tybee Island Police Department. Councilmember Walsh introduced the Second Reading of the SBCCI Housing Code, an update to incorporate a later edition. Councilmember Davis seconded and the vote was 5 - 0 in favor. A copy of this ordinance is attached to, and becomes a part of, these minutes. The First Reading of an Ordinance, Code Sec. 4 -4 -29, Cruelty to Animals was read. Councilmember O'Dell said that this has been requested by our animal control people to allow them to take action in cases of animal abuse or neglect. He moved that the ordinance be adopted, Councilmember Walsh seconded and the vote was 5 - 0 in favor. Second Reading was identical to the first, and the ordinance passed. A copy is attached to these minutes. 1 1 1 Tybee Island, Georgia August 13, 1987 Page Six The adoption of Code Sec. 10 -3 -1, Abandoned Vehicles, followed. Councilmember O'Dell moved, and Councilmember Walsh seconded, the adoption of this code section and the vote was 5 - 0 in favor. A Second Reading, on motion and second of Councilmembers O'Dell and Davis respectively, passed 5 - 0. The ordinance is attached to, and becomes a part of, these minutes. Mayor Parker introduced an ordinance on public drunkeness which he said is in line with what former Mayor Charles Hosti had requested. Code Sec. 11 -1 -6 was read; Councilmember O'Dell moved its adoption and Councilmember Davis seconded. The vote was 5 - 0 in favor, so a Second Reading followed immediately. Councilmember O'Dell again moved the adoption of the ordinance, the second was by Councilmember McCutchen, and the vote was unanimous. A copy of the ordinance is attached to these minutes. Councilmember Solomon stated that he would like to postpone the discussion of the sprinkler system for Jaycee Park and this was agreeable to all Councilmembers. Mayor Parker reminded the audience of the "Tybee Remembered" picnic scheduled for Sunday, September 20th in Memorial Park, asking all old - timers to bring their scrapbooks and memorabilia to share. After several other announcements, the meeting was adjourned. CLERK OF COUNC L 1 1 Ordinance # 1987 -13 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, AMENDING CODE SECTION 8 -2 -15 Housing Code Adopted, ARTICLE B. Technical Codes Adopted, PLANNING & DEVELOPMENT SECTION. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, PLANNING & DEVELOPMENT SECTION, ARTICLE B. Technical Codes Adopted, SECTION 8- 2 -15(a) Housing Code Adopted, be amended by deleting the words "1979 Edition" and inserting in their stead the words "1985 Edition' •CIA.,',' CLERK OF CO N' L / First Reading: 7/9/87 Second Reading: 8 -13 -87 Adopted: 8 -13 -87 This 13th day of August , 1987. 1 1 1 # 1987 -14 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, PROVIDING REGULATION OF CRUELTY TO ANIMALS, 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 be amended by the addition of the following paragraphs: * S,ec. 4 -4 -29. Cruelty to Animals. (1) A person is guilty of a misdemeanor when his act, omission, or neglect causes unjustifiable physical pain, suffering or death to any living animal. (2) Paragraph (1) above does not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the fish and game laws of this state. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientfic research is justifiable. This 13th day of August , 1987. MAYOR *The former 4 -4 -29 has been re- numbered 4- 4- 28(b). Restriction on Dogs Running at large. First Reading: 8 -13 -87 Second Reading: 8 -13 -87 Adopted: 8 -13 -87 4! BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL D D a # 1987 -15 AN ORDINANCE OF THE TYBEE ISLAND CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, PROVIDING FOR REMOVAL OF ABANDONED VEHICLES ON PUBLIC OR PRIVATE PROPERTY, AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED, THAT THE TYBEE ISLAND CODE OF ORDINANCES SHALL BE AMENDED BY RENUMBERING OF Sec. 10 -3 -1 IN ITS ENTIRETY AND THE ADDITION OF THE FOLLOWING PARAGRAPH: Sec. 10 -3 -1. Vehicles Abandoned on public rights -of -way or private property. (a) Any vehicle which is left unattended on a public street, highway, or other public property within the municipality for a period of at least five (5) days or private property for a period of at least ten (10) days shall be considered to be abandoned and any peace officer who finds such a vehicle shall be authorized to cause it to be removed to the nearest garage or place of safety. AND BE IT FURTHER ORDAINED, AND IT IS HEREBY ORDAINED, THAT THE SECTION FORMERLY NUMBERED AND TITLED Sec. 3 -10 -1. Vehicles abandoned on private property be re- numbered Sec. 3 -10 -2, AND INCLUDED IN ITS ENTIRETY. THIS 13th DAY OF August , 1987. First Reading: 8 -13 -87 Second Reading: 8 -13 -87 Adopted: 8 -13 -87 2 MAYOR # 1987 -16 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES CAUSING PUBLIC DRUNKENESS TO BE DEFINED AS A GENERAL OFFENSE 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 be amended by the deletion of 11- 1 -6(2) and the addition of a new paragraph to be numbered the same and to read as follows: 11 -1 -6. Disorderly Conduct. (2) Public drunkeness. Any person appearing to be under the influence of any intoxicating liquor or any drug to a degree which renders him a hazard shall not walk or be upon any public roadway, street or public right -of -way, including the public beaches, or upon the property of another person without consent of that person. This 13th Day of August, 1987. ERK OF COUNCIL First Reading: 8 -13 -87 Second Reading: 8 -13 -87 Adopted: 8 -13 -87 Joint Municipal Employees Benefit System 201 Pryor Street, S. W. Atlanta, Georgia 30303 Re: Appointment of Pension Committee Secretary In accordance with the Joint Municipal Employees Benefit Syste adopted by the City ( ;(ma) of TyhP J'slan , the Pen Committee of said City (T;c rx) has met in a duly assembled meet and has designated Phyllis L. Cary as Secre of the Pension Committee. As Secretary, Phyllis L. Cary shall have full authority to represent the Pension Committee in all communicat with the Joint Municipal Employees Benefit System and the employees of the City (] yrx) of Tybee Island Sincerely, Pension Committee City (xTxcx ) of Tybee Island I 41 G Ca1rman arker Mayo., pro' em ' a Member son , Member Jean Davis , Member Robert Date 1 B. Thomson, City Admini- strator , Georgia wena b.Fripp :.L , Mem 1e' of Co Mem r onnel Memb TIPD 00.S. 1 1 WHEREAS, The City of Tyhee Island and its elected representatives are charged with the responsibility for the general welfare of the community; and WHEREAS, The burden of taxes carried by this community are historically higher on the average than those of most of the other residents of Chatham County, due primarily to the higher evaluations placed on island real estate; and WHEREAS, The recent reassessments of property here have caused consternation among the majority of the local residents; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE CITY OF TYBEE ISLAND DOES, BY MEANS OF THIS RESOLUTION, FORMALLY PROTEST THE SHARP INCREASE IN ASSESSED VALUE OF REAL PROPERTY HERE ON TYBEE ISLAND, AND BE IT FURTHER RESOLVED THAT THE MAYOR AND COUNCIL DO HEREBY INSTRUCT THE CITY ADMINISTRATOR AND CITY ATTORNEY TO PREPARE A PLAN OF HOMESTEAD EXEMPTION FOR SENIOR CITIZENS COVED, SIXTY YEARS OF AGE, SO THAT RISING TAXES WILL NOT FQRCE THEM FROM THEIR. HOMES; AND IT IS ALSO RESOLVED THAT, IF RELIEF FROM THESE HIGH ASSESSMENTS IS NOT GRANTED PETITIONERS BY THE CHATHAM COUNTY COMMISSION, THE MAYOR AND COUNCIL DO HEREBY DECLARE THAT THE CITY'S MILLAGE WILL BE REDUCED BY A CORRESPONDING FIGURE, SO THAT THE CITY WILL RECEIVE NO UNANTICIPATED WINDFALL IN PROPERTY TAXES. THIS I 1 ' DAY OF QE...L4-3. 4X. , 1987. WALTER W. PARKER, MAYOR m.4, AA . **11-4.C1.12). CLERK OF COUNCIL 1 1 P R O C L A M A T I O N WHEREAS, THE YEAR OF OUR LORD NINETEEN HUNDRED EIGHTY -SEVEN IS A YEAR THAT WILL LONG BE REMEMBERED IN THIS COMMUNITY AS A YEAR OF EXTRAORDINARY ACCOMPLISHMENTS; and WHEREAS, AMONG THE LANDMARK OCCASIONS OF THIS YEAR IS ONE THAT DESERVES SPECIAL ATTENTION FROM US ALL BECAUSE OF ITS POSSIBLE HISTORIC SIGNIFICANCE AS THE FIRST OF WHAT IS HOPED TO BE A TRADITIONAL GATHERING OF OUTSTANDING GYMNASTS FOR AN ON -GOING ANNUAL EVENT OF IMPORTANCE TO THE SPORT; and WHEREAS, THE CITY COUNCIL AND I ARE ESPECIALLY PLEASED TO WELCOME THESE GYMNASTS IN 1987, OUR CITY'S CENTENNIAL YEAR; NOW THEREFORE, BE IT PROCLAIMED, AND IT IS HEREBY PROCLAIMED, THAT THE FIRST ANNUAL COASTAL EMPIRE GYMNASTICS MEET ON AUGUST 29th and 30th, BE DECLARED AND SET ASIDE AS "COASTAL GYMNASTS WEEK -END ON TYBEE ISLAND" AND THAT OUR CITIZENRY BE ENCOURAGED TO SUPPORT THE COMPETITORS, SHOWING THEM THE BEST IN HOSPITALITY THAT OUR COMMUNITY CAN OFFER. THIS THIRTEENTH DAY OF AUGUST, 1987. WALTER W. PARKER, MAYOR 1 BE IT ORDAINED, AND IT IS HEREBY ORDAINED, THAT SECTION 8 -4 -72, PARAGRAPH (a) OF THE TYBEE ISLAND CODE OF ORDINANCES, BE DELETED IT ITS ENTIRETY, AND THAT THE FOLLOWING PARAGRAPH, ENTITLED AND ENUMERATED THE SAME, BE INSERTED IN ITS STEAD: Sec. 8 -4 -72. Application for zoning amendment. (a) Applications for amending this chapter can be proposals for amending either the text or the zoning map. All applications shall be signed by the applicant and shall be accompanied by a fee of one hundred dollars ($100.00). All previous applications affecting the same text or parcel must be listed on the application. No application for amendment will be accepted which would initiate action on the same parcel more often than .once in any six -month period, nor will any application be accepted that would result in the division of a single lot or parcel of land into two (2) or more zoning classifications. THIS • CLERK OF COUNCIL NOTE: CHANGES ARE UNDERLINED. DAY OF , 1987. MAYOR 1 BE IT ORDAINED, AND IT IS HEREBY ORDAINED, THAT SECTION 8 -4 -73 PARAGRAPH (3) OF THE TYBEE ISLAND CODE OF ORDINANCES, BE DELETED IT ITS ENTIRETY, AND THAT THE FOLLOWING PARAGRAPH, ENTITLED AND ENUMERATED THE SAME, BE INSERTED IN ITS STEAD: Sec. 8 -4 -73. Public hearings on zoning amendments. (3) At least five (5) days, but not more than forty -five (45) days before the scheduled public hearing, the city clerk shall publish in a newspaper of general circulation notice of the date, time, place and purpose of the public hearing. If the application is for a zoning map amendment the public notice shall include the location of the property, its present zoning classification and the proposed zoning classification. THIS CLERK OF COUNCIL NOTE: CHANGES ARE UNDERLINED. DAY OF , 1987. MAYOR Nor mg �ME STA 'DOE5 Prki 4kkk W■ •