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19890511CCMeeting1 Tybee Island, Georgia May 11, 1989 A regular meeting of the Tybee Island City Council was held at Tybee City Hall on Thursday, May 11, 1989. Mayor Walter W. Parker pre- sided, calling the meeting to order at 7:30 p.m. Councilmembers present were Bill Walsh, Jack Youmans, Chris Solomon, John O'Neill, Jean Davis and Paul Jackson. The City Attorney, Thomas J. Mahoney, Jr., was also present. The meeting began with a public hearing for a petition by Danny Weatherly for 125 South Campbell Avenue, PIN #4- 19- 02 -002B. This request was for a variance of 10 feet in front, and 2 feet on the south side, due to the topography of the lot, and the wish to save a large oak centered on the lot. After Mr. Weatherly presented his petition, Mr. John Hutton stated that the planning commission had voted to approve the request. There were no other speakers, and Mayor Parker deferred action until the meeting was open for regular business. The public hearing was closed. Phillip McCorkle spoke as a visitor regarding a quit claim on an unused easement in Salt Pines. There were comments from several owners in the audience, and Councilmembers Solomon and O'Neill had questions. The "CITE" Committee (Citizens Interested in Tybee Enhancement) was represented by Gary Conleay who said the group has met three times, with participation from about 100 citizens. Nancy Frankenhauser and Chris Christopher presented charts. Primary complaints were deficit spending, cost of the Centennial Celebration, and failure to fund tourism through the Chamber of Commerce, in the full 40% of the hotel /motel tax income. Randy Warner asked about the progress of the pier; he said the project is about five years old, and that the permits will run out if something isn't accomplished. Mayor Parker responded that the city has a bond attorney, and is investigating methods of financing without bringing a burden down on the local taxpayers. Mr. Warner asked about time frame, and the Mayor responded that he hoped to have a financing plan by the end of the summer. Mr. Warner said that he is very interested in the pavilion project as a method to bring income into the city, and asked Mayor Parker if he felt any sense of urgency regarding the project. Mayor Parker's answer was negative, and he added that he believes the project should be interesting to the state 1 1 Tybee Island, Georgia May 11, 1989 Page Two and county. He said extension of the permits shouldn't be hard, but he wants to be sure that the city does this project correctly, and acts properly. Councilman O'Neill said that prospective buyers will look at the message sent out by the community, and he believes the city council may have sent a negative message with its stand on the hotel motel tax issue. Gary Conleay concluded with two points: the CITE committee wants controlled growth and improved quality of tourism. Fitz Simmons spoke about trash on streets, saying the city bought a street sweeper several years ago, but the men are still digging out the Butler Avenue gutters with shovels. He asked if the sweeper is ever used? Councilman O'Neill answered that the streets that have curbs will be swept before Memorial Day. John Jarvis suggested that the Beautification Committee look at 19th Street, which in his opinion needs it more than Butler Avenue. He also commented that the Tybrisa may stop the pier from being built. The meeting was opened for business legally presented. The quit claim for Salt Pines was recommended for approval by the City Attorney. Councilman Walsh moved its acceptance, Councilman O'Neill seconded and the vote was five (5) to one (1), with Councilman Youmans casting the dissenting vote. The motion contained a qualifying statement that the city be protected by mention of the requirement of the correction to the storm drainage system which had been recommended by the city engineer. Mayor Parker announced the appointment of Jacquelyn R. Brown as City Clerk, and a resolution for Clerks' week was read into the record. Danny Weatherly's petition for a setback variance at 125 South Campbell was approved on motion of Councilman O'Neill, seconded by Council - member Davis. The vote was five (5) in favor, none against. Councilman Solomon was out of the room at the time of the vote. Minutes for April 13th and April 27th were approved as written. Bills were approved as follows: Police /Parking $ 4,986.75 General Government $ 3,414.44 Public Works $ 8,260.68 Sanitation $14,691.46 WaterSewer $10,731.12 Fire /lst Responder $ 2,934.15 Recreation $ 4,274.34 1 1 Tybee Island, Georgia May 11, 1989 Page Three An alcoholic beverage license for the Novelty Salt Shaker Restaurant and Lounge was considered. Chief McCutchen stated that the owner has resolved his problems with the state, and has been asked to post a sign saying no one under 21 is allowed entrance since he has only one doorway. Councilman Jackson moved the license be granted, Councilman Solomon seconded and the vote was unanimously in favor. Councilman Solomon reported that construction has begun on the storage facility in Jaycee Park, and that plans are underway for a Summer in the Park program. The next agenda item was revision of the subdivision ordinance to eliminate some conflicts with other ordinances. The first reading of an ordinance to amend code sections 8 -3 -26 (1), 8 -3 -27, and 8 -4 -3 was read and Councilman Jackson moved its adoption. Councilman Youmans seconded and the vote was unanimous, so a second reading followed immediately. Councilman Jackson moved adoption and Councilman Solomon seconded. The vote was again unanimous in favor and the ordinance passed, becoming a part of these minutes. The first reading of another similar ordinance, Section 8 -3 -5, followed with Councilman Walsh moving for adoption and Councilman Solomon seconding. After a unanimous vote, a second reading was called, and Councilman Solomon moved for adoption, with a second by Councilmember Davis. The ordinance passed, and is attached to these minutes. A resolution supporting research on the sand gnat through Sea Grant funding was accepted into the record, without dissent. 4 qZ An ordinance ordinance adopting State Code 16 -7 -43 into our Code Section 9 -5 -1 was read and Councilman Jackson moved its adoption with a second by Councilmember Davis. A second reading followed immediately and the ordinance was adopted on motion of Councilman Walsh, with a second by Councilmember Davis. The ordinance is attached to, and becomes a part of, these minutes. The Council endorsed the plans for the Tybee Historical Society's Bicentennial of the U. S. Lighthouse Service outlined in a letter dated May 3rd, pledging the city's permission to hold the event, and its help with the trash pickup, etc. A letter to Mayor Parker from the United States Coast Guard Cutter Tybee's commanding officer was read. Mayor Parker expressed his pleasure 1 Tybee Island, Georgia May 11, 1989 Page Four in having a Coast Guard cutter named for our island. A letter from Tybee Cable, Inc. was read which offered an increase in the franchise rate to a high of 5 %, and quarterly rather than annual pay- ments, in return for a ten -year extension. Councilman Jackson moved the proposal be accepted, Councilmember Davis seconded, and the vote was unanimous in favor. A copy of this letter is attached to, and becomes a part of, these minutes. An ante litum notice from Gordon E. Perry was read. The City Attorney recommended denial of the claim. Councilman Solomon so moved, Councilman Youmans seconded, and the vote was unanimous. The petition was denied. A business license for a company to be called "Peanuts" was dis- cussed. Concensus was that the applicant should find a permanent location, on private property, and that then there would be no problem with granting a license. Mr. Mahoney announced that he will prepare a firearms ordinance, requested by the TIPD, for the next meeting. Councilman Youmans reported that this was discussed at the recent GMA policy committee meeting on public safety, and there is considerable debate state -wide concernign so- called assault weapons. He brought back a 4 -page report that is available for anyone wishing to read it. A Resolution changing the city's fiscal year from its present May 1 April 30 period to a calendar fiscal year was read. After some discussion, Councilman Solomon moved to adopt, and Councilman Youmans seconded. The vote was unanimous in favor, and the present fiscal year will therefore be shortened to end December 31, 1989. FY 90 will begin January 1. This 8 -month interim budget period will be reflected in a budget revision which will take place during the summer of 1989. A copy of this Resolution is attached, and becomes a part of, these minutes. The meeting was adjourned. •1oJiL J LERK COUNCIL 1 1 WHEREAS, Local government, in order to best serve the needs of the citizenry, must be operated with efficiency and in an orderly manner; and WHEREAS, the efficiency and order with which government carries out its public functions is strongly reliant on procedures and records; and WHEREAS, an organized source of knowledge about a community and its government activities is vital to the smooth governing of that locality; and WHEREAS, Municipal and County Clerks provide and maintain such a body of knowledge; and WHEREAS, Municipal and County Clerks administer procedures, keep the records, and provide the closest daily contact with the citizens; and WHEREAS, the strength of local government depends largely upon the citizens' opinion of it, and such opinion is formed largely by the image set forth by the employees of the local governments, since they are in a key position to mold sound public opinions; NOW THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM THE WEEK OF MAY 8 THROUGH MAY 12, 1989 AS CLERKS' WEEK IN RECOGNITION OF THE VITAL SERVICES THEY PERFORM AND THEIR OUTSTANDING DEDICATION TO THE COMMUNITIES THEY REPRESENT. THIS 11th DAY OF MAY, 1989. ATTEST: MAYOR 1 1 Ordinance # n a:\ AN ORDINANCE OF THE CITY OF TYBEE ISLAND, TITLE 8 CHAPTER 3, SUBDIVISIONS, REVISING AND AMENDING AS FOLLOWS: BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED THAT SECTION 8 -3- Subdivisions BE AMENDED AND REVISED AS FOLLOWS: 8 -3 -26. (1) Street Access. Each lot shall abut on a private street which shall be dedicated as a public street and which conforms to the design requirements of this chapter; provided a single family lot which does not abut a public street may be served by a perpetual privately maintained drive. 8 -3 -27. Lots hereafter established within subdivisions shall conform to he lot area and lot width requirements set forth in the following schedule; however; if a zoning ordinance is in effect, then the lot area and lot width requirements for the zoning district in which the subdivision will be located shall apply. Section 8 -4 -3. Private Drive: a 20 foot wide (minimum) access easement dedicated perpetually for use by single- family residences /lots within a minor subdivision or less. The city shall be responsible for neither maintenance nor city services within the easement, and such shall be stated on the plat of record. THIS 041 DAY OF mai- , 1989. 1 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, SECTION 8 -3 -5, DEFINITIONS. Ordinance # BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT SECTION 8 -3 -5 Definitions BE AMENDED BY THE ADDITION OF THE FOLLOWING: Private Drive: A 20 foot (minimum) access easement dedicated perpetually for use by single family residences /lots within a minor subdivision or less. The city shall be responsible for neither maintenance nor city services within the easement, and such shall be stated on the plat of record. t grei. 1 COUNCIL This I 1 ql day o . 1989. 1 1 1 CITY OF TYBEE ISLAND BOARD OF COMMISSIONERS RESOLUTION WHEREAS, the sand gnat is a pest which greatly reduces the quality of life for the citizens of Coastal Georgia and detracts from the tourism potential of the region during the most moderate seasons; and WHEREAS, certain interested Glynn County citizens persuaded the Sapelo Island•Research Foundation to fund a comprehensive study of the local sand gnat species in 1982, 1983 and 1984 upon which an integrated control research program has been proposed; and WHEREAS, the Glynn County Board of Commissioners has committed $60,000 to fund the first phase (July 1, 1988 - June 30, 1989) of this integrated control research program; and WHEREAS, the sand gnat is a regional problem for quality of life and the tourism economy. This proposed research will result in practical human benefits for the entire coastal region of Georgia; and WHEREAS, there are severe limitations on conventional methods of outdoor control of pests due to the environmental sensitivity of the coastal region and its importance to the regional economy; NOW, THEREFORE, BE IT RESOLVED, that the City of Tybee Island Board of Commissioners request that Georgia Sea Grant provide funding for 1989 -90 and 1990 -91 research for controlling the sand gnat population; and BE IT FURTHER RESOLVED, that the Chatham County Board of Commissioners pledges its continued interest in these research efforts; and endorse this re- search proposal and urge Georgia Sea Grant funding. Date 53(3g,641±M_ C1 =rk Administrator /,, Mayor, City of Tybee Island, GA Ordinance,, i� or eof, • this wf. rY h) iste or 5 16 -7-43 DAMAGE TO AND INTRUSION UI'ON PROPERTY 16 -7-43 16 -7 -43. Dumping, depositing, etc., litter on public or private property or waters. (a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; (2) - The litter is placed into a litter receptacle or container installed on such property; or (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $100.00 nor more than $300.00; (2) In the sound discretion of a court in which conviction is ob- tained, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which convic- tion is obtained, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this Code section. (Ga. L. 1970, p. 494, §§ 4, 5; Ga. L. 1971, p. 886, § 1; Ga. L. 1974, p. 454, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1987, p. 813, § 1.) qrAffilkof L un THIS f l D` DAY OF 49 1989 MAYOR Walter Parker, Mayor City of Tybee Island P 0 Box 128 Tybee Island, Ga. 31328 May 2, 1989 Dear Mayor Parker: . Cable Coastal Properties Thank you for meeting with me on such short notice Monday. The meeting was a pleasure and our tentative agreement is fair to all concerned. I suggest that US Cable agree to pay the City of Tybee Island three percent of the gross revenues on a quarterly basis beginning January first 1990. This rate will go to four percent in 1991. Five percent in 1992. This increase in franchise fees will be absorbed in our rates and will not be shown as a line item on the subscribers bill. In exchange for this increase in franchise fees US Cable requests a ten year extension of its present franchise. US Cable plans to provide the best possible programming and service at least as long as the extended franchise hopefully much . w ger. Michael C. Root Regional General Manager cc John Fletcher 2 Sora Rail Road, Kiawah Island, South Carolina 29455 • (803) 768 -0077 1 1 R E S 0••L U TI O N WHEREAS, the City of Tybee Island, Georgia, presently operates on a fiscal year beginning on the first day of May of each year and ending on the next succeeding thirtieth day of April; and, WHEREAS;••this has been traditional since the time when seasonal operation of businesses and government in a resort area was normal; and, WHEREAS, on the advice of auditors who have examined the fiscal affairs of the City, it has been suggested that the City change said fiscal year to a calendar year; and, WHEREAS,- in response to said advice, it has been determined, after study, that the financial affairs of the City will not suffer by changing to a calendar year; and, WHEREAS 'it is necessary to effect said change by the passing of a Resolution to that effect: NOW, THEREFORE, BE IT RESOLVED in open Council Meeting assembled, that for fiscal year beginning May 1, 1989, which normally would end on April 30, 1990, the same is hereby shortened to end on December 31, 1989. BE IT FURTHER•RESOLVED that beginning January 1, 1990, and ending on December 31, 1990, and annually and 1 consecutively thereafter, the fiscal year for the City of Tybee Island, Georgia, shall begin on the first day of each calendar year and end on the last day of each calendar year to coincide with the calendar year beginning January 1 and ending December 31, for purposes of better handling, utilizing and budgeting the funds of the City of Tybee Island, Georgia. ADOPTED this /%M day of , 1989. Attest: