HomeMy Public PortalAbout19890914CCMeeting1
Tybee Island, Georgia
September 14, 1989
The regular monthly meeting of the Tybee Island City Council was held
on Thursday, September 14, 1989 at 7:30 p.m. at Tybee City Hall. Mayor Walter
W. Parker presided and the following members of Council were present: Bill
Walsh, Jack Youmans, Chris Solomon, John O'Neill, Jean Davis and Paul Jackson.
Hermann Coolidge represented the City Attorney, who was out of town for a
City Attorneys' Seminar in Athens.
Mayor Parker announced that tickets for a benefit dinner for the McPhail
Memorial Fund were available tonight during the meeting or at City Hall during
regular office hours.
A public hearing for David W. Steffes for a petition for 1619 Chatham
Avenue was introduced by Mayor Parker. Mr. Tony Abbott, attorney for the
petitioner, first spoke, giving background on the original petition and ex-
plaining the modifications shown on tonight's plan which is a subdivisision
consisting of two single family houses and one duplex. He said the altered
petition is submitted in a spirit of compromise. Jack Youmans questioned the
turnaround at the end of the street - whether it is only 16' wide, saying this
would cause people to back out onto other people's grass. Mr. Abbott replied
that they are trying to leave some green space to make the area more attractive,
and that Jones Avenue is only 18' wide (paved area). He expressed willingness
to make the entire area concrete if necessary, or a 20' paved drive if Council
sees fit.
Fitz Simmons questioned the procedure which brought the question back to
City Council without a hearing before the Planning Commission. Mr. Coolidge
explained that the City Attorney had ruled that the plan is less dense than one
already approved by the Planning Commission but turned down by the City Council,
making it unnecessary to go back before Planning Commission. John Hutton,
Chairman of the Planning Commission, rose to second Fitz Simmon's comments.
Jimmy Brown, also a Planning Commission member, agreed, saying that the plans
are different from the ones previously approved, showing a narrower drive than
the one recommended.
Tony Abbott replied that official minutes will be available and that he
can be held to whatever committments he makes on behalf of the developer. He
reminded the Council that they have the right to vary, modify or grant any
application, and the Planning Commission only recommends.
Councilman O'Neill remarked that people are hear to speak and should be
heard, especially since this body (the City Council) does not have a consistent
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Tybee Island, Georgia
September 14, 1989
Page Two
history of following the Planning Commission recommendations.
Brooks Stillwell was the next speaker. He spoke for the opposition
group, TINA, and for his client, Jay Kaminsky. He said there are two issues:
1) whether the proper procedure would have included another visit to the Planning
Commission; and 2) whether a variance should be granted for the access drive.
He stated that a twenty -foot drive is for single- family use only, not duplex.
He said he speaks for those who want the law followed; three single - family
houses would meet the law and leave plenty of green space.
Gloria Allen spoke for TINA (Tybee Island Neighborhood Association).
She congratulated the City Council for showing courage under pressure before,
and reported that the citizens of neighborhood 8 have recently met and are
overwhelmingly in favor of single - family development. She said that a variance
is a privilege, not a right.
There were no communications other than those from the attorneys involved.
Tony Abbott spoke again to remind the Council that code sections 8 -3 -56
and 8 -3 -26(1) seem to conflict and said that privileges must not be arbitrarily
granted or denied. He said his client is asking for fair and equal treatment
under the law.
Brooks Stillwell countered by saying that Tybee has learned from past
mistakes and that the people want density held down.
The public hearing was closed.
Mrs. Kathi Williams of the Tybee Island Litter Committee announced plans
for the 1989 Beach Sweep, sponsored by Keep America Beautiful. She thanked
Sandy Chandler for outstanding help on the project and offered the audience the
opportunity to sign up. Volunteers will be provided with lunch by Spanky's.
Mr. Charles J. Hosti spoke to ask for a clarification of a statement
quoting the Mayor. There was a difference of opinion between the two men as
to a comparison of the tax millage during the two administrations.
Bob Dyer spoke to report on the September 13th meeting of CITE (Citizens
Interested in Tybee Enhancement), saying 90 people were there, representing
13 different city and social groups. All those planning to run for office
should have been there to listen, he said. He spoke of the group's goals,
including youth enrichment, managed growth, family atmosphere, tree protection
and beach protection.
Mayor Parker called on John Hutton to report on the Planning Commission's
work revising the Master plan. It was stated that questionnaires are going out
Tybee Island, Georgia
September 14, 1989
Page Three
and that rough drafts are in hand - City Council should have the preliminary
product in hand at the October meeting.
Fagin O'Kane spoke for the people of Marshwinds subdivision, asking
again, as she had in August, that the city fix their road. There were a number
of Marshwinds residents present to support the request.
Councilman Youmans spoke of the need to establish responsibility for the
costs involved. Councilman Solomon said the city needs to help these people
if we can. Councilman O'Neill said that the city is left to take care of the
problem, and that he is not sure what the final way to go will be, but that
the responsibility for the street is the city's. He added that he wants the
city to do it right, and all at one time, but that it definitely will be
correcting the developer's problem. John Hutton said that he recommends the
city allow no more building permits or development of remaining lots. He advised
the homeowners to try to take possession of the remaining land to pay for the
costs of correcting inferior work.
Mayor Parker directed the attorney to work with Mr. Hutton to resolve
the matter satisfactorily.
John Jarvis said he thinks Mr. Rowell should be made to do it right.
The meeting was opened for business legally presented.
The petition of Mr. Steffes for 1619 Chatham was first handled, with
a motion by Councilman O'Neill to deny. Councilmember Davis seconded. There
was discussion followed by a vote of 4 in favor, 2 opposed (Councilmen Youmans
and Solomon).
Minutes of the August meeting were approved.
Bills were approved as follows:
General Government $24,267.82
Police & Parking $15,046.14
Fire & 1st Responder $ 3,078.43
Public Works & Waste Mgmt. $29,889.42
Recreation & Parks $ 1,892.59
Water /Sewer $20,128.82
Councilmember Davis informed everyone that General Government bills seem high
because the allocation from hotel /motel, this month amounting to more than 11
thousand dollars, is included in her totals.
Minutes from the September 7th meeting of Planning Commission were accepted
as information.
A minor revision of the Donald H. Bailey Bay Street subdivision, shifting
a 20' access drive from right to left on the plat was favorably recommended by
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September 14, 1989
Page Four
the Planning Commission according to a report by Jimmy Brown. The motion to
grant was made by Councilman Walsh, seconded by Councilman O'Neill and passed
by a unanimous vote of 6 to 0.
Communications, as follows, were read:
1) From Governor Harris, dated 8/23/89 re $7,500. grant
2) From Congressman Thomas, dated 9/6/89 re 10th Amendment Legislation
3) From Beautification Committee, Chrm. Peggy Strong, commending City
Marshall Jerry Farmer.
4) From Jimmy Brown & Jeanne Hutton of the Beach Litter Committee,
dated 9/14/89, commending the city for its actions & disbanding the
committee.
5) Letter from Jim Burgess of GMA, dated 9/12/89, re bond financing for
pier /pavilion.
A petition of Dennis Davis for auto damage by a city vehicle on 6/25/89
was read into the record & it was recommended by the City Attorney that the
lower bid submitted by Mr. Davis be paid ($893.51). A copy of the accident
report is attached to these minutes. Councilmember Solomon moved to grant the
petition, Councilmember Davis seconded and the vote was 6 - 0 in favor.
A petition from Robert Robinson concerning injuries received on August
6, 1989 was read. Our attorney recommended that the city deny responsibility
for the injury because the manhole was not defective, but had been tampered
with, and the city had no knowledge of that fact prior to the accident. The
vote, on motion of Councilman O'Neill seconded by Councilmember Davis, was
6 - 0 in favor of denial. Mr. Robinson will be so notified.
Councilmember Youmans, recently having returned from a seminar he
attended with Police Chief McCutchen, recommended that the second reading
of the ordinance for a drug -free workplace be postponed for legal review in
light of materials brought back from the seminar. The Council agreed and
a second reading will be expected at the October meeting.
Councilman Solomon asked the indulgence of Council to discuss a letter
from the Building Inspector Edmund Solomon that is not on the agenda. It was
agreed that this could be discussed after a short break.
Upon reconvening, the Mayor opened the discussion by saying that he
believes further investigation is necessary on the question of Code Section
8 -2 -1 and what effect recent changes in the state law may or may not have
made. Councilman Solomon says he thinks the matter needs to be clarified now,
and Jerry Farmer said there was a misunderstanding because all changes are not
printed in the code book. No action was taken at the time.
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Tybee Island, Georgia
September 14, 1989
Page Five
An ordinance concerning placement and parking of motorized mobile homes
(Section 8 -4 -6) was read. Councilman Walsh moved, and Councilmember Davis second-
ed, the adoption. During discussion Councilman Walsh explained the problem with
campers in city parking lots and Councilman Youmans discussed discretion in en-
forcement, saying that the city doesn't want to seem inhospitable to people who
might arrive for the first time in the middle of the night, and choose to rest
a few hours in their vehicle. Councilman Walsh countered that the situation he
is seeking to correct lasted for a month. The vote was unanimous in favor of
the motion. A Second Reading followed immediately, with identical results.
The ordinance was adopted, and a copy is attached to, and becomes a part of, these
minutes.
The sign ordinance, Code Section 8 -4 -20, was introduced on First Reading
by the attorney. Councilman Walsh moved its adoption, with a second from Coun-
cilman Jackson. Questions were raised about portable signs - whether there
should be fees and time limits, followed by a discussion of what form possible
changes should take. The vote was 4 - 2 with Councilmen Youmans and Solomon
casting the dissenting votes. Second Reading will be held in October.
Code Section 8 -4 -19, Substandard Lots of Record, was next read. On motion
of Councilman Solomon, with second by Councilmember Davis, it passed unanimously
on First Reading. The Second Reading will be held next month, after advertise-
ment for a public hearing, and Planning Commission review.
Code Section 5 -1 -1, Building Numbering, was read. Councilman Jackson
moved its adoption, and Councilmember Davis seconded. Councilman Youmans ex-
plained Just how serious a matter the street numbers are to the fire department
and emergency personnel. The vote was 6 - 0. A second reading followed at once,
with Councilmember Davis moving adoption, second by Councilman Youmans and the
vote was 6 - 0.
The meeting was adjourned.
Ordinance # Vq 89 -10
Code Section 8 -6 -4. Placement of motorized mobile homes and similar vehicles.
Paragraph (a) on private property (see existing ordinance)
Paragraph (b) on public property
It shall be unlawful for any person to park or cause to be parked for the
purpose of occupancy any motorized mobile home, recreational vehicle or moveable
family dwelling on any street, within any parking lot, public park, public beach
or along any public right -of -way within the corporate limits. For the purpose
of this ordinance, the word "occupancy" shall include the overnight parking of
the vehicle, if tenanted.
ADOPTED THIS IOC DAY OF
1st Reading Sept. 14, 1989
2nd reading Sept. 14, 1989
Enacted Sept. 14, 1989
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1989.
QtC1CLERIC 0 COUNC
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Ordinance #. P I 89 - I I
AN ORDINANCE OF THE CITY OF TYBEE ISLAND,
CODE OF ORDINANCES, SECTION 5 -1 -1 BUILDING
NUMBERING: REQUIRED & ISSUANCE.
3E IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION
5 -1 -1 BE DELETED IN ITS ENTIRETY AND THAT THE FOLLOWING SECTION TO BE
NUMBERED AND TITLED THE SAME, BE INSERTED IN ITS STEAD:
Section 5 -1 -1. Building numbering; required; issuance.
All buildings, residential or commercial, shall be numbered with uniform,
sequential numbers based on information provided by the city. Owners
failing to comply with this requirement shall, after thirty days notice,
be subject to penalty under Section 1 -1 -8 of this Code.
ADOPTED THIS 111- . DAY OF ...1.1;g14.11.5,110611,..14&___, 1989.
1st Reading Sept. 14, 1989
2nd Reading Sept. 14, 1989
Enacted: Sept. 14, 1989
The Monthly Meeting of the Tybee Island Planning
Commission was called to order at 7:30 p.m. on
September 11, 1989, The following members were present,
Tommy Clark, Jimmy Brown, Rusty Fleetwood, Loree Anderson,Mary
McAfee, Fitz Simmons, John Hutton, Jim LeFavor, Jim Klutz
was out of town.
The minutes from last months meeting were corrected as
to The Sheehan Subdivision:
Northside property owners have 10 feet Access Easement
Southside property owners have 10 feet Acce -.. Easement
Detention Basin will handle lots 3 &4, storm drainage
Mike Hussey to get Engineering Design for Storm Drainage.
The minutes were approved as corrected.
The Secretaries Expenditure report as stated by Betty Lanier
was $3720.
The Master Plan Update draft copy was passed out to each
member present, these are to reviewed by each member and
returned by September 16, 1989 to City Hall for the
Chairman to pick up. Citizen Partisipation is the number
one concern.
Fitz Simmons stated that pasand tpresent
teinf ormationashould
have a heading along with each
update.
Rusty Fleetwood made the motion to present the plan to
City Council, also the copies once completed will be
available to the general public at a reasonable cost.
The City Attorney requests correspondence on final plats some of
which have not come to The Planning Commission.
Neighborhood Number Seven made their Presentation, this was
given by Jeanne Hutton who also recognized Helan Speirs.
delay on their
asking for the delay
Neighborhood Number Eight asked for a
presentation until the next meeting,
was Gloria Allen.
Fitz Simmons asked questions on P— Zoning and Rusty Fleetwood
asked of which changes in Neighborhood Seven were most
important?
The Local Sign Ordinance is being revised, please read.
Commission members Absenteeism: of any
Motifon made to ask for the Volunteer Resignation year or any
member who is absent from Four Meetingsin a y
n
member who is absent from two meetings in a row. Motionus
made by Rusty Fleetwood, seconded by Jimmy Brown
approval.
Fitz Simmons had several questions on conflicts of interest,
Planning and Commission, the Enforcement of Local
Ordinances.
There were some made on
bye Mary Subdivision
McAfee
of Dr. Bailey,
John Hutton seconded the motion.
Meeting ,rjourned
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