HomeMy Public PortalAbout19890713CCMeeting1
Tybee Island, Georgia
July 13, 1989
The Tybee Island City Council held its regular
monthly meeting at Tybee City Hall on Thursday, July 13, 1989. Mayor
Walter W. Parker called the meeting to order at 7:30 P.M. Councilmembers
present were: Paul Jackson, Jean Davis, John O'Neill, Bill Walsh, Jack
Youmans, and Chris Solomon. Thomas Mahoney, the City Attorney was also
present.
Mayor Parker welcomed a nice crowd of citizens.
The first item was a Public Hearing for Mr. Mavrikis for his property
on 14th Street. Mr. Mavrikis stated that the Planning Commission has
voted yes for his variance. The vote for 4 - 3 in favor. Mr. Mavrikis
said that he would put fire sprinklers and brick wall on the Days Inn
side to make it safe. John O'Neill asked if this was to be used as a
business or a resident. Mr. Mavrikis stated that he plans to keep the
house and his son would live in year round. Mr. Mavrikis said he might
operate a small shop to pittle around in. John O'Neill asked if it was
zoned commercial, Fitz Simmon said it was zoned commercial. There was
alot of discussion on the subject how far away from other property
owners. Mayor Parker closed the public hearing saying that action
would be taken in the regular council meeting. Mayor Parker so noted that
the Sheehan Subdivision was passed by the Planning Commission as a
preliminary sketch and would be presented at the August meeting.
Jamie Grambrell was the first visitor to speak
concerning his property at U.S. 80 and Byers, PIN # 4 -26 -02 -016. Mayor
Parker asked Mr. Grambrell what he wanted the city to do. Mr. Grambrell
said he wanted to fence his property and that part of a paved road was
on his property. John O'Neill asked if Estill Avenue an open street.
Mayor Parker said yes it was a 10 foot wide street. Mayor Parker told
Mr. Grambrell that city council will get together and go over this problem.
Mayor Parker asked Bill Walsh to get with Art Harden to see exactly where
sewer lines are located in that area. John O'Neill is to ask Billy Pye
about crush and run for Mrs. Ray.
The next visitor was Fitz Simmons to talk about
dumping construction debris. This is the third meeting he has asked about
this matter. He also asked about the code book. Mayor Parker said that
it has been busy this summer and would be finished as soon as possible.
Dottie Kluttz asked about all the illegal signs
on the island. Mayor Parker said that City Marshall Jerry Farmer is
working with the State to correct the illegal signs.
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Tybee Island, GA
July 13, 1989
Randy Warner questioned the progress on the Pier/
Pavillion. Mayor Parker said that a North Carolina developer is interested
in the project. Also a briefing with a bonding company is in the making.
John Javis said the Beautification Committee should go
down and look at the 19th Street parking area.
Bonnie Willard said that the pigeons are being poisoned
again. She doesn't know who is doing it. She would like the city to add
something to their ordinances that would protect the birds from harm.
Mayor Parker opened the meeting for regular business.
Mr. Thomas Mahoney, the city attorney, said that Chief McCutchen had
requested that the Firearm Ordinance be put off until the August meeting
because he could not attend this meeting due to illness in the family.
The Mayor, Council and the audience discussed the firearm ordinance at
length. Mr. Mahoney stated that if anyone wanted to call him with any
input to please do so.
Mayor Parker asked for a motion on the variance for
Mr. Mavrikis. John O'Neill motioned to deny the variance, Jean Davis
seconded. Mayor Parker called for a vote. It was unanimous to deny.
Rowena Fripp, the City Administrator, read a letter
from Mr. Walter Brown concerning Mortar Street. Mr. Mahoney said to write
a letter to Mr. Brown requesting a copy of the deed for the property.
Also if this is a city street to look into the cost, maintenance and
responsibility of the city.
Minutes of the June meeting were approved.
Bills for the month of June were presented as follows:
Police $12,499.99
Gen. Gov't 5,987.24
DPW 10,322.86
Sanitation 15,690.31
Water /Sewer 18,526.43
Fire Dept. 5,623.04
First Responder 905.06
Recreation 3,676.75
All bills were approved for payment.
Chris Solomon spoke on the Summer in the Park Program
being sponsored by the city recreation department. He praised Angela Byers
for the wonderful job she is doing.
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Tybee Island, GA
July 13, 1989
The "Aliffi Subdivision" contains an unnamed private street
which must be given a name so that the first home built within it will
have a legal address. The City Council considered the name "Aliffi" and
Mrs. Hazel Aliffi was called. She expressed the desire to have the name
of the street honor the Hosti family, saying they'd lived on the island
much longer than the Aliffi family, and one of their number had been Mayor.
Councilman Jackson moved that Mrs. Aliffi's suggestion be followed;
Councilman Solomon seconded and the vote was unanimous in favor. The county,
the MPC, and the utilities will be duly notified of this decision.
An ordinance, read for the first time last month, Code Section
8 -2- 24(2)(3)(4) was read again with a suggested amendment by the Fire
Commissioner Jack Youmans. After a lengthy discussion, it was decided that
this ordinance, recommended by the Planning Commission, be sent back there
for reconsideration with the suggestion that the group call on the Fire
Committee for input.
Code Section 4 -2 -22 (Bureau of Fire Prevention) was read.
Councilman Youmans moved its adoption, Councilman Jackson seconded and the
vote was unanimous. A second reading followed, with motion made and seconded
by Councilmembers Jackson and Davis. Councilman Solomon offered the amendment
that "governing body" be substituted instead of "Mayor ". The motion, as
amended, passed unanimously.
An ordinance amending the building permits section of the Code
was read. Councilman Youmans moved its acceptance, Councilman Davis seconded,
and Councilman Solomon reported on his research into the fees, saying he'd
called most of the nearby towns. Their minimums are mostly higher than ours,
he reported, but our scale and method of figuring the cost per square foot
are much higher already than those of other communities. Councilman Youmans
said Tybee can't really be compared to the other small municipalities.
Councilman O'Neill said that we ought to be encouraging people to renovate
and maintain their homes. The vote was four (4) in favor and two (2), Council-
men O'Neill and Solomon, against. A second reading will follow next month.
A resolution regarding the Tenth Amendment to the U.S. Constitution
was next read. This resolution supports states' rights and local government
autonomy, and was adopted on the motion of Councilman O'Neill, with a second
from Councilmember Davis. Copies will be sent to Congressman Thomas, our two
U. S. Senators, and to the GMA office in Atlanta.
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Tybee Island, GA
July 13, 1989
Page Four
Mayor Parker reported that interest has recently been shown
in the kind of development going on here. He said there have been four
multi- family structures approved (three of them duplexes), and ten single -
family homes, in the period from January to July of 1989. None of these
were rezoned for development. He said that this indicates that the multi-
family housing to which a segment of the community objects is not the pre-
vailing choice of developers at this time. The indicators are that single -
family development is increasing.
The meeting was adjourned.
LLo Q Bturt,
CLERK OF CO CIL
POLL OF COUNCIL
On Tuesday, July 18, 1989 a request was made for the city
to approve "Welcome Wednesdays" with free parking for the month of August.
Mayor pro tem Paul Jackson asked for a poll of Council on the question
because the timing of the request made it impossible to wait for the next
regular meeting of the Council. Research showed that the parking lots bring
in approximately $325.00 on Wednesday, & cost approx. $60.00 to operate.
Paul Jackson Yes.
Jean Davis Yes. Hate to lose the revenue, but heard that
business is off this season.
John O'Neill No. Answer might be different if question had
been raised in open meeting.
Chris Solomon No.
Jack Youmans No. Rather make it Tuesday or Thursday, if it
is passed. Wednesday is a better day because
of some Savannah people having Wednesdays off.
Bill Walsh No. Unless merchants will partipate by offering
specials. Last time this was done merchants didn't
do their share.
Mayor Walter W. Parker was out of town.
THE REQUEST WAS DENIED.
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A CONCURRENT RESOLUTION
WHEREAS, the Tenth Amendment, part of the original Bill of Rights,
reads as follows, "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people;" and
WHEREAS, the limits on Congress' authority to regulate State and Local
activities prescribed by the Tenth Amendment in the cases of Garcia v. San
Antonio Metropolitan Transit Authority, 469 U. S. 528 (1965), and South
Carolina v. Baker, 56 U.S.L.W. 4311 (U.S. April 20, 1988) (No. 94,
Original); and
WHEREAS, these cases hold that the limits of the Tenth Amendment are structural
and not substantive, leaving States and Local Governments to find protection from
Congressional regulation through the national political process, rather
than through judicially defined spheres of residual State authority; and
WHEREAS, these U.S. Supreme decisions invite further Federal
preemption of State and Local authority; now
THEREFORE, BE IT RESOLVED BY THE City of Tybee Island, Georgia that
it is the consensus of this body that the Tenth Amendment to the Constitution
of the United States is and always has been of operational force governing
and balancing the respective powers of the States and the Federal Government.
It is the further sense of this body to affirm that the Tenth Amendment is a
substantive limit on national power and should so be applied as a test by
the Courts of the United States and of the several states in the cases
coming before them where a question of the exercise of the federal authority
is raised.
BE IT FURTHER RESOLVED that this resolution be forwarded to the
President and to the U.S. Congress urging them in the carrying out of
their responsibilities to protect and strengthen the position of the
states in the federal union, avoid intrusion upon state and local prerogatives
and afford protection to the proper governing authorities of the state and
local governments.
ADOPTED THIS 13th DAY OF July , 1989
WALTER W. PARKER
MAYOR
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# 1989 -
IT IS ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCE, SECTION
4 -2 -22 (a)(b)(c)(d) BE DELETED IN ITS ENTIRETY, AND THAT THE FOLLOWING SECTIONS,
ENUMERATED AND ENTITLED SECTION 4 -2 -22 (a)(b)(c) BE INSERTED:
Sec 4 -2 -22 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION.
(a) The bureau of fire prevention is hereby established and this bureau is
charged with enforcing the fire prevention code as amended and modified by
this chapter, and this bureau shall be operated under the supervision of
the Fire Inspector of the city.
(b) The Fire Inspector in charge of
be appointed by the governing body.
shall continue during good behavior
such time as his successor has been
the bureau of fire prevention shall
This appointment shall be for one year and
and satisfactory service and /or until
duly appointed and qualified.
(c) The fire inspector shall have the power, and it shall be his duty to
enforce the provisions of this article, to approve or disapprove within a
reasonable time application for permits; to pass upon questions relative to
the mode or manner of construction, or materials to be used in erection or
alteration of a building as required under the fire prevention code; to
require that that mode or manner of construction or material shall conform
to the true intent and meaning of the several provisions of this code. He
shall, after approval of plans and specifications, have the authority to
issue permits under the fire prevention code to collect the prescribe fee
for these permits. (Code 1970, 7 -2)
erk df 1 Counci
First Reading: July 13, 1989
Second Reading: July 13, 1989
Enacted: July 13, 1989