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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.
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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
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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
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Tybee Island, Georgia
August 31,. 1987
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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.
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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.
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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
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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.
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# 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
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BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL
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# 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
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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
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B.
Thomson, City Admini-
strator
, Georgia
wena b.Fripp
:.L , Mem
1e' of Co
Mem
r onnel
Memb
TIPD
00.S.
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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
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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
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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
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CLERK OF COUNCIL
NOTE: CHANGES ARE UNDERLINED.
DAY OF , 1987.
MAYOR
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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
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