HomeMy Public PortalAbout19890511CCMeeting1
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
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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
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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
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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
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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
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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.
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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
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COUNCIL
This I 1 ql day o
. 1989.
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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
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Mayor, City of Tybee Island, GA
Ordinance,, i�
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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
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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
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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
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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: