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19880310CCMeeting1 1 Tybee Island, Georgia March 10, 1988 The Tybee Island City Council held a regular meeting on Thursday, March 10, 1988 at 7:30 p.m. at Tybee City Hall. Mayor Walter W. Parker presided and the following members of Council were present: Chris Solomon, Jack Youmans, Bill Walsh, Jean Davis, John O'Neill and Paul Jackson. Mr. Thomas J. Mahoney, Jr., City Attorney, was also present. A Resolution for the Grand Marshal of the St. Patrick's Day Parade in Savannah was read. The Grand Marshal, Michael J. Counihan, is one of Tybee's former Mayors. A Public Hearing on a subdivision on 18th Place, PIN #4 -09 -06 -028, was announced by Mayor Parker. A representative of Helmly Associates spoke, saying'he was present to answer any question that might come up. It was noted° that the Planning Commission had delayed a recommendation, awaiting a plan for storm drainage for the tract. Mr. Fred Doyle spoke, saying he isn't against the project, but like Sam Rosen, is present to be a kind of watchdog for the neighbor- hood. Zoning Text Amendments, Code Section 8/1/1 - /11 and 8/2/61 -63. It was announced that this, too, will be delayed a month awaiting a recommendation from the Tybee Island Planning Commission which appointed a committee to study the questions raised by the proposed change. That committee is composed of Bill Walsh, Bob Wheat, Charlie Kirk and Jim Monaghan. With that announcement the hearing was opened for those wishing to speak anyhow, and the following comments were heard: Mr. Fitz Simmons: City Council should wait to hear the committee's report and Planning Commission's recommendation. Mayor Parker said it had just been announced that this information would be awaited. Councilman Solomon questioned when the report could be expected and Mayor Parker answered that he assumes the next meeting would produce the report and recommendation. Councilman Youmans reminded everyone that almost all the people now serving have terms that were up on December 31st, and that new appointments should be made as soon as possible. Charlie Kirk spoke, saying he is here to discuss the abolishment of the Zoning Board of Appeals. He said 90% of the cases had been turned down, and suggested that the real reason the Board is being abolished is because some of those turned down were friends of City Hall. He said to receive a variance according to Code 1 1 Tybee Island, Georgia March 10, 1988 Page Two the petitioner must prove hardship, and that he supports the only recourse being to Superior Court. He said problems are not with loopholes in the Code, because Section 8 -2 -3B can be deleted easily; he said the problems are with loopholes at City Hall. He said the new wording would eliminate the need to prove hardship. He reminded everyone that City Council's voting record has usually been to ignore the advice of the Planning Commission. Mayor Parker again stated that the City Council will not make a decision until after receiving the recommendation of the Planning Commission. Ray McMillion spoke from the audience, asking if it is really true that most towns have this board and we are planning to do away with ours? Councilman Youmans answered, saying most of the smaller towns do not have such Boards at all. City Attorney Mahoney informed the group that according to a recent decision regarding Macon's ordinance, it was ruled that zoning decisions must be made by a legislative body. He added that the state law now has no provisions for planning commissions to be established, nor is there any state law at all on the subject at present. The editorial content of the present city ordinance is based on state code sections that were deleted in 1983. Jim Kluttz said that the difference in the length of terms is a matter that he believes should be considered. He said that the volunteer boards serve four years and the City Council only two and that this means the two always tend to oppose each other politically. He added that he may live to regret saying this, but he now believes that the boards should serve two years, rather than four, saying that the elected officials would have more confidence in people they had appointed. Carl Thompson spoke as a former planning commission member asking how the proposed change would affect the procedures. Councilman Solomon explained that now, if you are turned down by the Zoning Board of Appeals, that particular code section says your only appeal is to file a law suit in Superior Court. The change would allow you to appeal to Mayor and Council before entering a lawsuit against the city. Mayor Parker announced again that the City Council will not act until after hearing a recommendation from the Planning Commission. The hearing was closed. Mary Price spoke for the Tybee Island Garden Club about the ordinance the club was instrumental in getting passed last year. She said most businesses have installed privacy screens where needed, and asked . for a report on the others. 1 1 1 Tybee sland, Georgia March 0, 1988 Page Tree Mayor Parker thanked both the Garden Club and the Beautification Committee for th= good work they've done in the past few years, and for the improvements in the appearance of the city in general. He said that efforts toward enforcement of the privacy screen fencing ordinance had been made in the past week and gave a shoru.ened version of a report from the new City Marshal, George Reese. Mary Price 'hanked him for a very positive report. Councilmember Jean Davis announced that t e Beautification Committee has won First Place in the Civic Category for the Ge.rgia Clean and Beautiful program, and will be honored at the Community Awards dinner by Governor Harris in Atlanta in April. They received an ovation from the audien.e. Fitz Simmons asked about the Homestead Exemption. Mayor Parker said that Jack K ngston has assured him that he will have the wording of a bill for Tybee to us ery soon, and Mr. Simmons asked how much. Mayor Parker said he doesn't have a.y figures yet, but probably people can expect it to be a minimal amount. Mt. S. then spoke of 19th Street, saying the people who came to Council last y -ar promised a beautiful landscaped walkway to the beach. But that what has ac ally happened is that the public has been denied access and no beautification has be -n done. He appealed to the City Council to make the owners do what they had pro ised. He also spoke of a recent special meeting, asking that better public notice .e given, than only posting it on the door of City Hall. He also asked for ch . is of organization for the city personnel, saying he had been given John O'Neill's department only. He asked Councilman O'Neill about the Senior Citizens Walk that was supposed to be installed on the library grounds. Mr. O'Neill said it has not been forgotten, but was delayed by the landscaping of the grounds, and should be in place soon. Mr. Simmons last said that he is concerned about the budget and asked people to get involved. John O'Neill, in answer to some of Mr. Simmons' remarks, spoke of the 19th Street project and then of the garbage contract. He said he had been somewhat against it at first, but now sees that it can be very good for the town, and asked that the people cooperate. He urged 100% participation in the roll -out cart rental, and said that conditions will improve as the people and the contractor get used to handling together the probleems caused by high winds, etc. John Jarvis spoke to agree with Fitz Simmons about 19th Street, saying that all that has been done in 14 months is that a mess has been created. 1 1 1 Tybee Island, Georgia March 10, 1988 Page Four Jim Kluttz spoke of the library parking lot, saying that summer is coming and that a plan to keep public out of the lot must be made, or else there will be no parking for library patrons - it will be taken up by beach- goers. He also spoke to a point of Mr. Simmons' regarding the city audit. Richard deBorde asked if the city has a CPA or an auditor? He was answered that an annual audit is always done at the end of each fiscal year, and that a bound report is always on hand at city hall. The 1987/88 audit can't be done until after April 30th, and results of the audit are usually available by late summer and are presented to the City Council by the auditor at a regular meeting. Councilman Solomon said that he believes the quality of life on Tybee has improved and that it has cost money. He said it stood to reason that when a City Administrator was hired, spending would go up. He said he had served on Council during a time when the grass on Butler Avenue went without cutting for twenty -one months, and questioned whether $900,000.00 in the bank does the people any good. He added that he believes the government is more efficient today than it once was. He spoke of the most recent issue of Tybee News as being the "worse - looking" in his memory, saying that he didn't think it gave a very good impression of Tybee to new residents. Ray McMillion asked about rental of roll -out cans, saying why not buy your own? Councilman O'Neill answered that this _could be done. Fred Doyle said he had recently ordered some at $54.00 each, in lots of 150. Councilman O'Neill stated that he believes Louise Sasser does a bang -up job as editor of the Tybee News, and there was resounding applause. Dave Sims of Carpenter Road spoke to say he's a fairly new resident, this being his second meeting, but it seems to him that the majority of Council has nothing to say. Councilman O'Neill answered that last month's meeting was hardly usual in that it ran so long that most Councilmembers limited their remarks so as to listen carefully, rather than talking. Minutes of the two previous meetings were approved as written. Bills were approved as follows: Police /Parking $16,662.68 General Government $ 5,354.43 Public Works /Sanitation $21,730.64 Water /Sewer $12,140.15 Fire /lst Responder $ 2,411.19 Recreation $ 1,963.90 1 1 Tybee Island, Georgia March 10, 1988 Page Five The lease for the North Beach Concessions, recently known as the "Sandpiper" was briefly discussed. It was noted that this lease has been advertised by posting at City Hall and the Post Office bulletin board, and in the Tybee News. Bids are due in by the 30th of March. Mayor Parker, when asked, said the city would prefer to get away from a percentage agreement, charging a straight monthly rental fee. Councilman O'Neill brought up for the record the DOT Paving Contract, #PR 8530 -88 (051) for the paving that will be done with the 1% option tax funds. During discussion, Councilman Solomon asked about Naylor Avenue, saying that it needs paving after the storm drainage work that has been going on over there. Councilman O'Neill answered that at least partkof the street will be resurfaced with crush & run, starting next week. Mayor Parker stated that the DOT's final paving list did not include all the streets the city had requested, and that the final priority as to which streets are paved first was a DOT, not a city, decision. Councilman Walsh announced that the grant /loan from GA Environmental Facilities Authority, #87- S14 -WJ, specifically the loan portion of the agreement, has been executed, and that quarterly repayments in the amount of $1,491.89 will be made, for a total of 39 equal installments, to repay the loan amount of $46,090.00 at an interest rate of 5.3% per annum. He noted that tliis job has been completed for some months, but this is the final agreement being signed now. Councilman Jackson informed everyone that Spanky's Restaurant has applied for an alcoholic beverage license for the location formerly occupied by Taylor's Restaurant & the Beach Nuts Bar, in the Econolodge. He moved the license be granted, and Councilmember Davis seconded. The motion passed without dissent; it was noted that the police report found no reason to deny. Councilman Youmans explained that the fire department, in working on the ISO requirements for lowering the fire rating, needs to have a certain number of volunteers for each fire truck, and that the city ordinance now restricts the volunteer firemen to no more than 30 members. He read an ordinance increasing the number to 50. On his motion, with a second from Councilman Solomon, the vote was unanimously in favor of the change -. A second reading by City Attorney Mahoney followed, with Councilman Walsh moving adoption, Councilmember Davis seconding, and the vote again was unanimous in favor. A copy of the new Code Section 4 -2 -3, reflecting the change, is attached to, and becomes a part of, these minutes. Tybee Island, Georgia March 10, 1988 Page Six The meeting was then adjourned. 1 1 CLERK OF COUNCIL R E S O L WHEREAS, Every March the City of Savannah temporarily forgets itself, casting off its proud Southern heritage and traditions in favor of the "wearing of the green"; and WHEREAS, The highlight of the Celebration of being Irish has become the St. Patrick's Day Parade, one of the largest and most enjoyed in the nation; and WHEREAS. There is no greater honor that can come the way of a true Irishman than to be elected to serve as Grand Marshal of the Savannah St. Patrick Day Parade; and WHEREAS, The 1988 Parade Committee has chosen a citizen from our own community for Grand Marshal - a Very special citizen of Tybee - a former Mayor of Tybee Inland; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND IN OPEN MEETING ASSEMBLED, THAT OUR FORMER MAYOR, THE HONORABLE MICHAEL J. COUNIBAN, BE RECOGNIZED FOR THE EXALTED POSITION HE HAS ATTAINED, AND BE RESPECTFULLY CONGRATULATED BY THE ENTIRE TOWN; and BE IT FURTHER RESOLVED THAT ST. PATRICK'S DAY, MARCH 17, 1988, BE DECLARED TO BE "MIKE COUNIHAN DAY" IN TYBEE ISLAND, AND THAT WE, WITH THE WHOLEHEARTED SUPPORT OF THE COMMUNITY, ADD OUR BEST WISHES TO THE INNUMERABLE OTHERS HE IS RECEIVING, IN CONFIDENT EXPECTATION THAT THIS WILL BE SAVANNAH'S BEST EVER PARADE. MAY THE SUN SHINE UPON YOU, MICHAEL J. COUNIHAN! This l 0 th day of March, 1988 WALTER W. PARKER, MAYOR Attest: Clerk of Council WHEREAS, the city of Tybee Island has applied to the Division of Environmental Protection of the Department of Natural Resources for a grant of financial assistance to secure adequate water supply facilities;jind WHEREAS, such facilities are necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Council that the proposed CONTRACT FOR STATE GRANT NO. #87 S14 WJ be and the same is hereby approved and the Mayor is herewith authorized to execute, on behalf of the of Tybee Island City and the Council, referenced contract and any other related documents or papers necessary to obtain the grant or secure such water supply facili as provided therein. THIS day of ATTE Clerk of Council (SEAL) FEDERAL ID 11 - aloe 64I Mayor, Gilman /Coouncilman fth. Councilma C\ e. ,dL¢v -moo un ilman 4-1�� C A/a,d Councilman CERTIFICATION I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Council on the date so stated in said Resolution. I further certify that I am the CLERK OF THE COUNCIL and that said Resolution has been duly entered in the official record o£ said Co Cs Gil and remains i 1 force and of ect this /177.5 day of Title yYrr•r rmuixrx,cYrl-; jtna WHEREAS, Facilities the public health and welfare; IT IS HEREBY RESOLVED by the FOR STATE GRANT NO. are necessary to provide adequ. for Council that the proposed CONTRACT be and the same is hereby approved to execute, on behalf of the and the Council, referenced papers necessary to obtain as provided therein. and the Mayor is herewith authorized of contract and any other related documents or the grant or secure such water supply facili THIS Z day of ATTE �! - -- - 4- 'Clerk of Council Mayor, (SEAL) FEDERAL ID # 5 — t 000 6h / �' Gilman /Councilman Councilma,r -4_0,i(J e , un ilman1 Councilman CERTIFICATION I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Council on the date so stated in said Resolution. I further ce tify that I am the CLERK OF THE COUNCIL and that said Resolution has been duly entered in the official record f said Co Gil and remains 141;41 force and , of ect this 0 day of Ordinance # Ci Egi -3 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, SECTION 4 -2 -3 Volunteers - Compensation, providing for the deletion and amendment of same, and for other purposes. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT SECTION 4 -2 -3. Volunteers - Compensation. be deleted in its entirety and that the following section; to be numbered and titled the same be inserted in its stead: Section 4 -2 -3. Volunteers - Compensation. The personnel of the fire department shall consist of any volunteers who may from time to time offer to serve and who have been recommended by the fire chief and accepted by the governing body; provided, however, that there shall be no more than fifty (50) members at any one time, and provided further that persons who are members as of the effective date of this section shall be continued as members. All work or services done shall be without compensation unless otherwise authorized by the governing body. THIS % 0 DAY OF , 1988. 1st Reading: 3 /Q Adopted: D &' Clerk of Council