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19890713CCMeeting1 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. Page 2 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. 1 1 1 Page 3 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. 1 1 1 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. 1 1 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 1 1 1 # 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