HomeMy Public PortalAbout19891214CCMeetingTybee 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.
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December 14, 1989
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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.
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December 14, 1989
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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,
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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
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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.
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Tybee Island, Georgia
December 14, 1989
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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.
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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