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19891214CCMeetingTybee Island, Georgia December 14, 1989 The regular monthly meeting of the Tybee Island City Council was held at Tybee City Hall Auditorium beginning at 7:30 p.m. on Thursday, December 14th with Mayor Charles J. "George" Hosti presiding. Members of Council present were: Paul Jackson, Jeff Dukes, Jimmy Brown, Bill Walsh, Jack Youmans and Pat Locklear. City Attorney Thomas J. Mahoney, Jr. was also present. Mayor Hosti welcomed the audience to the first meeting of this administration. He called on the City Attorney to lead the Pledge of Allegiance to the American flag. This was followed by an Invocation by Councilmember Pat Locklear. The Mayor then opened the first public hearing, a petition for rezoning from R -1 to PUD on Pulaski Avenue, PIN #4- 01- 01 -01. It was noted for the record that the Planning Commission did not send a recommendation, having asked for additional details to be provided them. Tommy Clark spoke for the developer, saying he was available to answer questions if there are any at this time. A report from the Planning Commission meeting indicated concern about an easement be shown on the plat, and about the location of a fence. Tommy Clark said that Dr. Fred Marland of DNR's Coastal Protection has indicated that a crossover may need to be relocated on the plans. Councilman Locklear asked if there will be a written communication from Dr. Marland. Tommy Clark answered affirmatively, saying that a Coastal Committee Permit is necessary before a building permit can be obtained. Councilman Jackson questioned why the rezoning requested is PUD and Tommy Clark said that the density is 11,100 square feet per lot, too little for R -1 which requires 12,000 but within 93/94% of R -1 requirements. The reason for the designa- tion PUD is that it is planned to keep the ownership of the common land in a homeowner's association for uniformity and maintenance. Carl Thompson, a neighbor to the east of the property, was the only speaker to respond to the Mayor's invitation for negative comments on the project. He said that once variances begin, and zoning changes, all sorts of things happen - higher taxes, included. He said the project isn't large enough for the PUD designation. He said the idea of creating the homeowner's association for taking care of the property sounds good, but those projects usually wind up being short term rentals. 1 1 Tybee Island, Georgia December 14, 1989 Page Two Discussion was closed on the petition for rezoning from R -1 to PUD. The matter will be brought forward again when a recommendation is received from the Planning Commission. A petition for a minor subdivision for PIN # 4 -10 -05 -007 for Jay Kaminsky for property fronting on Chatham Avenue was next heard. The petitioner was represented by Tommy Clark. He said the owner has indicated that he wants only one single family home to occupy the second lot, but that the zoning is R -2. Councilman Youmans said that this was approved by Planning Commission, and he was there, but he wouldn't have known anything about it otherwise since the City Council hasn't seen the plat. Mayor Hosti postponed the hearing until the City Council can be provided with copies of the plats. Councilman Youmans said he just thinks he should have in front of him exactly what he is voting on so that he can see it when he votes. There was one other advertised petition, a request for a height variance for PIN # 4 -09 -13 -005 (owned by Dr. Downing). This was postponed by the Planning Commission because they wanted to see a plat of the property. The public hearing was closed. Mrs. Nancy Frankenhauser spoke as a visitor to ask about construction at #4 Carpenter Road, saying that the house has recently changed hands and that the rumor is that there is a plan to establish an illegal apartment on the ground floor. Mayor Hosti said that this will be checked into since the flood ordinance would probably be violated by the use. It was noted also that the zoning, which is R -1, would also be violated by the creation of a duplex. Minutes for the regular meeting of November 9th and for the budget hearings of November 28th and 30th and December 5th were read and accepted as written. Mayor Hosti announced that the budget hearing on November 30th resulted in an expense- over - income figure of $368,000. This calls for extra work on the part of the Council and staff, and will result in some belt tight- ening. The bills for November, 1989 were approved as follows: Councilman Jackson, Water /Sewer $10,259.78 Councilman Dukes $ 7,748.99 Remarks: A legal obligation; recommend payment; not endorsing the actual expenditures since he himself probably would not have approved some of them if he had been making the decisions at the time. 1 1 Tybee Island, Georgia December 14, 1989 Page Three Councilman Brown, Police Department Councilman Walsh, DPW /Sanitation Councilman Youmans, Fire /First Responder $ 5,911.62 $24,922.58 $ 3,507.15 These bills were all accepted by unanimous vote of Council, voted on one at a time, by department. Mayor Hosti expressed the hope that the City Council would be given their bills far enough in advance so that there will be no problem with having time to carefully study them. Councilman Youmans said that he had absolutely no problem with his because, having signed the purchase orders, he knew about each expense before he checked the bills. He said the incoming Councilmembers didn't have this opportunity, but that in future they should be just as familiar as he is with the departmental costs. Councilman Dukes clarified his earlier statement saying that not endorsing some of the expenditures didn't mean he didn't have time to study them. Councilman Locklear proposed a policy statement regarding the rental of the Sandpiper concessions building at North Beach. He read a rental contract agreement. Councilman Youmans said one paragraph could cause the cause the city to show a deficit on the contract, if many repairs were made. Mayor Hosti said that his personal feeling is that the building should be removed. Councilman Walsh moved that the building be eliminated. Councilman Jackson seconded. There was discussion which Mayor Hosti opened to audience participation at the request of Cathy Powers, who has submitted a bid for the operation of the business for 1990. Mrs. Jeanne Hutton spoke to say that the operation is commercial in a residential zone and that she believes the city should adhere to its own zoning laws. Burt Barrett, Jr., said he believes it should be brought up again next month, so that the public can speak. He approves of the business, saying that the neighbors' complaints around North Beach result from teenagers' rowdiness, not the operation of the business. Councilman Walsh moved to table his motion until next month's meeting; Councilman Dukes seconded. The vote was unanimous in favor of the motion and the North Beach concessions will become an item on the January agenda. Councilman Dukes reported that the Finance Committee,had met and made the following recommendations: 1) That a budget hearing & workshop meeting be held at 6 p.m. on Monday, December 20th. A later vote approved this unanimously, on motion by Councilman Dukes, seconded by Councilman Brown. 2) That the policy of the previous administration of having four signatures for disbursements be continued, signatories being the Mayor, 1 Tybee Island, Georgia December 14, 1989 Page Four the Mayor pro tem, the Treasurer and the Finance Chairman. 3) Use of credit cards be limited to one account with cards kept by the City Administrator and issued on a sign -out, as -need basis to those who travel for the city. 4) Councilman Dukes explained the present petty cash system, recommending no change, and the motion was seconded by Councilman Locklear, passing unanimously. 5) Councilman Dukes announced that a policy in the form of an ordinance change is being formulated for purchasing, but isn't ready for first reading tonight. In the interim he recommended that department heads be able to purchase up to $50.00 without prior specific approval other than the budget; purchases of $51 to $500 can be approved by the chairman of the Council committee; $501 - $1000 would require at least two members of the appropriate committee to approve; purchases over $1000 must be approved by the full Council. Employees making small purchases must have approval of their department head in advance of making the purchase. This interim policy was approved unanimously on the motion of Councilman Dukes, seconded by Councilman Jackson. 6) Invitations to bid for the annual audit have been solicited with two replies thus far. A total of seven invitations were issued. Councilman Dukes asked permission of Council for the Finance Committee to make a decision on contracting for the annual audit required by the state when the bids are in. Council unanimously granted this permission. City Attorney Mahoney reminded the committee that the open meetings law must be observed when the committee convenes to make this decision. Recommendations on the policy for use of petty cash and signing of checks were unanimously accepted, on separate motions by Councilman Dukes, seconded by Councilmen Locklear and Jackson respectively. Councilman Brown moved that the maintenance contract with Tom Fabrikant for the town's security systems be accepted at $1000. for the calendar year and Councilman Youmans seconded. It was explained that this pays for all labor; the city purchases the parts. No parts are ordered without the opportunity for the city to decide whether or not the repair is warranted and should be made. The vote was unanimous in favor. There was discussion of whether to continue the security monitoring through a New York firm at $21.00 per building per month, or a total of $1260 annually. The alternative 1 Tybee Island, Georgia December 14, 1989 Page Five is to purchase a diverter and have the calls go directly to TIPD. Diverters are available from $600 upwards. Mayor Hosti assigned the Police Committee the task of studying the available equipment and coming up with a recommenda- tion. Councilman Brown moved to drop the NY monitoring and Councilman Dukes seconded. The vote was 5 - 1, with Councilman Youmans recording the dissenting vote. Councilman Brown moved that the parking & lifeguards divisions of the TIPD be transferred to Councilman Locklear's committee for leisure services. Councilman Dukes seconded and the vote was unanimous. Councilman Youmans said that he will have a recommendation about the firehouse renovation, but would like to hold it up until next month, after the 1990 budget is adopted. Mayor Hosti praised the City Council for the tremendous amount of tiork done in the short time since the Inauguration. Councilman Dukes introduced the second reading of the electrical code change, Code Section 8 -2 -12, moving its adoption. The motion was seconded by Councilman Jackson and unanimously passed. Councilman Brown introduced a change to Code Section 4- 4 -28B, saying that the change is needed to remove the words "on the beaches" so that there will be no conflict with the Beach Rules which does not allow dogs on the beach. He then moved its adoption on first reading, the second by Councilman Walsh followed and the vote was unanimous in favor. A second reading followed immediately and the ordinance was adopted, without dissent. Mayor Hosti explained the demand survey for the proposed GMA Bond Lease Pool, saying that most of the Council had attended a workshop to learn about the new program which is a very good plan, very beneficial to the cities who are included. Tybee has asked for inclusion in the amounts of $141,132 for FY 1990, with $59,132 and $63,927 requested for 1991 and 1992 respectively. The city has not been definitely accepted into the program yet, and the amounts may very well not be as much as we hope, but we wanted to announce that we have applied for this pool, which could have a very positive effect on our capital expenditures budget. Mayor Hosti then announced that all appointed staff members are re- appointed to their present positions. There were no objections from Council. Tybee Island, Georgia December 14, 1989 Page Six Planning Commission appointments were next considered. The names brought forward by nominations of various councilmembers were: Fagan O'Kane, Richard Frankenhauser, Loree Anderson, Jean Davis, Burt Barrett, Jr., and Tommy Clark. Votes were taken with Fagan O'Kane being endorsed by the Council on the first vote. There was a three -way tie be- tween Jean Davis, Tommy Clark and Richard Frankenhauser. Mayor Hosti broke the tie by eliminating Tommy Clark and the other two vacant seats will be filled by Jean Davis and Richard Frankenhauser, who will join Fagan O'Kane as new members of the Planning Commission beginning January 1, 1990. It was announced that the following members of the Recreation Board have been asked to serve another two -year term: Nancy Anderson, Bucky Chafin, and Donald Cowart. The nominations for Mayor pro tem were: Jimmy Brown, nominated by Councilman Youmans Jeff Dukes, nominated by Councilman Locklear Councilman Locklear spoke in favor of his nominee, saying that he is the Mayor's choice, having worked for him before for three months to set up the administrative form of government in Mayor Hosti's previous administration. He told of Mr. Duke's work with the Planning Commission, the Zoning Board of Appeals, the CAPDC, and as the primary author of the city's present Master Plan for which he received a state award for city planning. He told of his background as a public affairs officer in the Pentagon, saying he has occupied high positions that called for superior leadership. He said his purpose in nominating Councilman Dukes was to give the job to the man who has the most time to devote to helping the Mayor. Mayor Hosti spoke in endorsement, too, saying that he gave long thought to the various committee chairmanships, and that he has been very proud of his decisions, believing each man has fit well into his assignment. He said he'd prefer Paul Jackson, an experienced Mayor pro tem, continue to serve but believes Councilman Dukes is the best qualified to serve and that he is already devoting 3 to 5 hours daily to the office, working up the ex- cellent reports you've heard tonight. He said he likes Jimmy and that Jimmy knows that. He said he believes Jimmy has a bright future in politics. He asked that the vote not be determined by the high vote getter. 1 1 Tybee Island, Georgia December 14, 1989 Page Seven Councilman Youmans spoke for his nominee, saying that the last ten minutes' talk has convinced him Mr. Dukes ought to be Mayor. He reminded Council that the pro tem has no responsibility except in the Mayor's absence. He said Paul Jackson has presided about twice in the past two years, and that if Jimmy Brown isn't equal to that, he doesn't deserve to be serving on Council. He said the highest vote isn't in the Code but a valid tradition that wasn't followed in Mayor Hosti's first term when Mr. Orsini served as Mayor pro tem. Mayor Hosti reminded Council that the pro tem will have to stay well briefed in everything in case of the sudden absence of the Mayor. The vote was as follows: for Councilman Dukes, two votes (Dukes & Locklear) and for Councilman Brown four votes (Brown, Youmans, Jackson and Walsh). A schedule of regular meetings for agenda preparation, regular Council meetings, Planning Commission and Recreation Board was presented. The only change is for the agenda meeting which will be held at least one week prior to the regular meeting, on either the last or first Tuesday of the month. The City Attorney gave a reminder that this list must be sent to the Savannah News- Press. It will also be published in the Tybee News and posted on public bulletin boards. The meeting was adjourned. 1 1 1 Ordinance # AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, CODE SECTION 8- 2 -12(a) Electrical Code Adopted. BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED THAT THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND, GEORGIA, BE AMENDED BY THE DELETION OF THE SECTION 8- 2 -12(a) Electrical Code Adopted AND THE INSERTION OF A NEW PARA- GRAPH TO BE NUMBERED AND TITLED THE SAME, AND READING AS FOLLOWS: 8 -2 -12 Electrical Code Adopted. (a) A certain document, one copy of which is on file in the office of the clerk of council where it is available for public inspection during regular business hours, being marked and designated as the National Electrical Code, 1990 Edition, which code is the standard for electric wiring and apparatus of the National Fire Protection Association, be and the same is, hereby adopted as the electrical code of the city, and each and all of the regulations, provisions, penalties, conditions and terms of this electrical code are hereby referred to, adopted and made a part of this article as though fully set out at length herein. Adopted this 1441 day of &LCQjy-JJ_&A . , 1989. First Reading: 11/9/89 Second Reading: 19,114/8q C r) ERK COUNL Ordinance # i q 8q . 1 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, DELETE SECTION 4 -4 -28 B RESTRICTION ON DOGS RUNNING AT LARGE AND INSERT IN ITS PLACE SECTION 4 -4 -28 B, TO READ AS FOLLOWS. BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION 4 -4 -28 B BE DELETED IN ITS ENTIRETY AND THAT THE FOLLOWING SECTION BE NUMBERED AND TITLED THE SAME, BE INSERTED IN ITS STEAD: Section 4 -4 -28 B It shall be unlawful for any dog to be on the streets, lanes, highways or roads of the city or loose on vacant lots or unenclosed lots so that he may freely have access to the streets, lanes, highways or roads of the city, unless that dog is effectually muzzled so that it is unable to bite or unless that dog is held firmly on a leash held by a person. It shall be the duty of any owner or possessor or any person who harbors or keeps any dog to confine securely the same within of his'own premises and not to permit that dog to run or have access to run the streets, lanes, highways, roads, beaches or parks of the city except as above set forth or for hunting, field trails and the working of those dogs. (Code 1970, Sec 4 -18) ADOPTED THIS DAY OF 1Z.QC,, . , 19 89 • 1st Reading �. - 14-539 2nd Reading IQ- 14 - Enacted 1 0- 1 4 -ea9 . MAYOR CHARLE OS I