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19890112CCMeetingTybee Island, Georgia January 12, 1989 The Tybee Island City Council held its regular monthly meeting on Thursday, January 12, 1989 at Tybee City Hall, with Mayor Walter W. Parker presiding. Councilmembers present were: Paul Jackon, Jean Davis, John O'Neill, Chris Solomon, Jack Youmans and Bill Walsh. The City Attorney, Tom Mahoney, was also present. Mayor Parker welcomed a large crowd and invited the first visitor to speak. Tim Harden of the Hobie Fleet spoke about the annual regatta, saying the group is requesting no changes from former years and that they'd like to schedule the event for the 20th and 21st of May. Roxanne Reep of Chatham Avenue represented the neighborhood group concerned about the plans for a large dock which will house six boats, asking that the city ask the Corps of Engineers about having a public hearing on the subject here on Tybee so local interested citizens can conveniently attend. The concensus was, after discussion, that the city invite the Corps to use City Hall Auditorium if they wish to have a hearing on the subject here. Jim Kluttz spoke for the Tybee Historical Association to ask that their operation of the Tybee Museum and Tybee Light be included in the contract for 40% of the hotel /motel tax income, saying that these facilities promote tourism and serve visitors to the island and that the operation has always been a joint venture with the city. Councilman O'Neill asked Mr. Kluttz what the association's position regarding an agreement is and was assured that the group is open to consideration of any plan the Tybee Council of the Greater Savannah Area Chamber of Commerce wants to put forward. Mr. Charlie Hosti spoke of budget considerations, citing a number of other city activities that promoted tourism from beach cleanup, the marine science center, the lifeguards, etc. to expenditures such as those for the first responder and marine rescue which also serve visitors. He said the lighthouse, in his opinion, is used for promotion of tourism. Mayor Parker agreed. A public hearing for a rezoning petition for lot 8, Oceanview, was next heard. Mr. Mahoney spoke, saying that the application to rezone Tybee Island, Georgia January 12, 1989 Page Two the same property from R -1 to R -T had been heard a year earlier, and that the petitioner has the right to return in 12 months; however, his opinion is that because the petitioner appealed last year's decision to the Chatham Superior Court and now has appealed to the Georgia Supreme Court where the matter is pending, he recommends that the public hearing not be held tonight and that the petitioner's fee be returned to him with a letter of explanation telling him that he can come back as soon as a disposition is made at the Georgia Court of Appeals. This court now has sole jurisdiction over this case, and action on the part of the city council at this point is premature. Mr. Roy Rowell, petitioner, asked permission to speak. He objected to this decision, saying that his petition had been accepted and advertised. Councilman O'Neill asked if there was any way the hearing could proceed. The city attorney answered that the public hearing could be held but it is his advice that the city council make no decision in the matter. Councilmen O'Neill, Youmans and Solomon expressed regret that the petitioner had been so inconvenienced. Mr. Rowell said that the city code doesn't say he can't be heard and he'd like to see the city council vote on the issue. Mayor Parker apologized for the error, saying the city must wait until the higher court has acted. Councilman O'Neill said he doesn't like facing unpleasant questions but it may be time to bite the bullet and settle this zoning matter. Councilman Youmans also spoke in favor of Mr. Rowell's request. Mr. Mahoney said that the Court of Appeals has no time limit but that customarily their decisions take about eight months and that he learned today that the petition was exactly the same as the matter before the Court of Appeals. Speaking in favor of hearing the petition, from the audience, were Fitz Simmons and Randy Warner. Patrick O'Kane also spoke from the audience questioning what would happen if Council did vote on the matter. City Attorney Mahoney explained that presently there is no authority under the State Code for the existence of a planning commission 1 1 1 Tybee Island, Georgia January 12, 1989 Page Three and that the planning commission locally does make recommendations, but all zoning decisions, under state law, must be made by the governing body. Mayor Parker added that the City Council does usually follow the recommendations of the planning commission. Mr. Charles Hosti asked for a point of information: if Mr. Rowell removed the suit, does the 12 -month clock start again? The City Attorney answered negatively, saying that the Council can hear the matter as soon as the higher court has acted, but the decision may have already been made and be on the way by mail now; there is no way tonight to determine the status of the case. Minutes of the December 8th and 16th meetings were approved. Bills were approved as follows: Police /Parking $ 7,791.63 General Government $ 9,267.11 Public Works $ 6,606.02 Sanitation $16,213.33 Fire /lst Responder $ 2,010.27 Recreation $ 624.13 Under communications a letter regarding the Open Meetings Law was read and accepted as information. Police Commissioner Jackson brought alcoholic beverage licensing for two operations, as follows: - -Juke Box Jim's, formerly Capt. Chris' Lounge; he moved a license be granted, Councilmember Davis seconded and the vote was unanimous. -- Hunter House, a new license for a bed & breakfast with restaurant at 17th & Butler; he moved and Councilman O'Neill seconded a motion to grant a license and the vote was unanimously in favor. The Annual Regatta was approved for May 20th and 21st, by unanimous agreement of Council. A revocable license for a dock facility on Venetian Drive (the support structure will be on city right -of -way) was approved on motion of Councilman Youmans, seconded by Councilman O'Neill, and unanimously passed. The license will become a part of the building permit record. Richard Katzman, a latecomer, spoke from the audience to demand a written explanation from the Mayor of guidelines for developers. He was called out of order, and asked to bring his question appropriately. 1 1 Tybee Island, Georgia January 12, 1989 Page Four A contract for 40% of the hotel /motel tax income was discussed, with Councilman Jackson moving that the contract be accepted with conditions that the chamber enter into an agreement with the historical society for the operation of the museum and lighthouse, and the addition of a 90 -day clause. He remarked that he agrees with Mr. Hosti that the organizations are tourist - related, but that the state law is very specific about the kind of agency that must receive the 40%. Mr. Mahoney noted that the 90 -day clause isn't in the contract, but that Mr. Jackson's motion adds it back. Councilman Walsh seconded. From the audience, the president of the Tybee Historical Assn., Mrs. Maude Alice Berry, spoke, questioning why the museum and lighthouse operation isn't considered tourism promotion, and the City Attorney explained the wording of the state law which limits the kind of agency the city can contract the 40% with. Mr. Fitz Simmons also had questions for the attorney. Councilman Solomon moved to table the motion, Councilman Youmans seconded and the vote was 4 - 2, in favor of the motion. Councilman Solomon moved that the contract with Chatham County for housing inspections not be adopted, saying that we can do the job in -house by using the City Marshall. Mayor Parker objected, saying that he isn't qualified, and would have to be sent to school. Councilman Youmans seconded the motion, and the vote was 5 - 1 with Councilman Walsh casting the dissenting vote. There was discussion of the matter, and of the perception that residents are singled out, while the Health Department neglects the inspection of businesses. Mayor Parker announced that Councilmen Youmans and Solomon will be in charge of seeing how housing inspections can be accomplished. Two ante litem notices were read by the City Attorney, for Carl Dean Morrison and Alexander Todd Morrison, who advised that they be emphatically denied. Councilmember Davis so moved, with a second by Councilman Jackson, and the vote was unanimously in favor of denial. The Beach Litter Control Committee's request for formal adoption of their plan was held in abeyance for the budget process. Father Payne of St. Michael's spoke concerning the school at the behest of Mayor Parker. Father said that the school has provided good education for island children for forty years and that it needs increased enrollment. He asked that the chamber of commerce and the city assist 1 Tybee Island, Georgia January 12, 1989 Page Five in keeping it open. He added that the school isn't planning to close, that the parrish is working hard on enrollment and fund raising and that the work is paying off. The second reading of an ordinance amending Code Section 2 -4 -13 (a)(3) concerning vacation leave. Councilman Jackson moved its adoption, Councilman Youmans seconded, and the vote was unanimous in favor. This ordinance is therefore adopted, and becomes a part of these minutes. The first reading of an ordinance about business license fee delinquency, Code Section 9-1-8(c) was next read. On first reading, Councilmember Davis moved its adoption with Councilman Jackson seconding. The vote was unanimous and a second reading followed immediately with Councilman Solomon moving adoption, Councilman Walsh seconding. The vote was again unanimous and the ordinance was adopted, becoming a part of these minutes. The meeting was adjourned. CLERK OF COUNCIL 1 Ordinance # 1 -1989 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, SECTION 9 -1 -8. Duration of License; renewal. 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 9 -1 -8, BE AMENDED BY THE ADDITION OF A PARAGRAPH TO ENTITLED (c) DELINQUENT LICENSE FEES, WHICH SHALL READ AS FOLLOWS: 9 -1 -8. Duration of License; renewal. (c) Deliquent license fees. Every person holding a business license as specified in this article shall secure that license within thirty (30) days after January first of each year, or on the day of commencing business if later, and pay for same as herein provided. Failure to secure the license within the time allocated will result in a late fee which shall be assessed at ten percent (10%) of the value of the license. CLERK OF COUNCIL 1st Reading: 1/12/89 2nd Reading: 1/12/89 Enacted: 1/12/89 1 1 1 Ordinance # 2-1989 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, SECTION 2 -4 -13 Leave Policies (a) Annual Leave (3) Vacation Leave Schedule (v.) 2 -4 -13. Leave Policies. (a) Annual Leave (3) Vacation Leave Schedule (v.) Pay in lieu of one week per year of vacation leave may be granted if approved by the department head and the council /committee. CLERK OF COUNCIL Adopted this �Z day o