HomeMy Public PortalAbout19890112CCMeetingTybee 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
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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
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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.
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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
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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
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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
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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