HomeMy Public PortalAbout19900614CCMeetingTybee Island, Georgia
June 14, 1990
The Tybee Island City Council held its regular monthly
meeting on Thursday, June 14, 1990. Mayor Charles J. Hosti presided and the
following members of Council were present: Pat Locklear, Jack Youmans,
Bill Walsh, Paul Jackson, Jeff Dukes and Jimmy Brown. City Attorney Thomas
J. Mahoney, Jr., was also present.
The meeting began at 7:30 p.m. with an Invocation by
Councilman Locklear, followed by the Pledge of Allegiance led by Mayor Hosti.
Mayor Hosti mentioned Flag Day, acknowledging the city's receipt of a new
flag in honor of the occasion. The flag was presented by the local American
Legion Post and Ted Solomon.
It was announced that two recycling projects are currently
going on: 1) newspapers can be taken to St. Michael's onto Arby's to a
container maintained by the Shriners, and 2) The local Boy Scouts are re- cycling
aluminum cans and will pick them up from residences.
Mayor Hosti opened the meeting for several advertised
public hearings.
The first was a petition for a flood variance for 1307A
Strand. There was no one present to speak for or against this petition.
Secondly, a setback variance for 901 Jones Avenue,
petitioner Ben Wells. No one was present to speak for or against the petition.
The third item was a request for rezoning for 1402 Chatham
Avenue, petitioner Rennie Painter. Mr. Painter owns the lot at that address
and is currently using it to park vehicles and trailers of his customers
at the Tybee Marina. He requested that the lot be rezoned NM (Neighborhood
Marina) for the purpose of allowing boat storage. He showed plans for a
storage building. Councilman Dukes asked where the customers would park
if the storage facility is built, and Mr. Painter answered that he believed
there'd still be room for some parking there. Mrs. Painter said that many
of vehicles and trailers parked along Chatham's right -of -way are those
of users of the public boat ramp, not Tybee Marina's customers. Following
are the public comments made:
- -John Jarvis: See no harm in allowing the re- zoning.
- -Julie Ann Nortrica: Spoke against and presented a
petition with 24 names of nearby neighbors who are opposed to rezoning.
- -Nancy Boylston: Spoke against rezoning; asking that
the residential neighborhood be protected.
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Tybee Island, Georgia
June 14, 1990
Page Two
- -Jim Kluttz, Chairman of the planning commission stated
that the board had voted against recommending the rezoning by a 5 - 3 vote
and that all members of the board had looked at the property, but the building
plans were not considered at the meeting.
- -Jeff Williams: Owner of 703 Fourteenth Street, stated
his opinion that this would be spot zoning since it isn't contiguous to
the marina. He spoke against it, saying the neighborhood is crawling with
children, and needs to be protected for residential use.
Councilman Jackson commented that the property has been
used forr parking boats, trailers and vehicles for many years.
Councilman Locklear asked that the ordinance governing
NM uses be read, and Mr. Mahoney read from Code Section 8 -4 -34 the description
of the NM District Zoning.
- -Jeff Williams spoke again to warn Council that if
the present use of the property in violation of the zoning law is used as
justification for a zoning change, this might set a precedent the Council
might later regret.
Joan Anderson: Not a near neighbor, but offered a quote
from John C. Calhoun, per Dr. Jack Avery of Georgia Southern, having to
do with the politician's imperative to represent the will of the people.
The fourth petition to be heard was that of Burke Day
for #4 Eighteenth Street, a vacant lot recommended for rezoning (not subdivision)
by the planning commission. Speakers were:
- - Bonnie Gaster, who read a letter from the owner explaining
his absence.
- -Burt Barrett, Jr., surveyor, who said the request
for subdivision was submitted 21 days in advance of the planning commission's
meeting.
- - Zoning Administrator Betty Daley said that review
of a sketch plan for subdivision does not require engineering under the
ordinance.
Councilman Dukes summed up for the Council that the
planning commission had everything necessary available, and for whatever
reason, failed to consider the subdivision; only rezoning was considered
and that favorably. He said he believed Council could rule contingent on
Tybee Island, Georgia
June 14, 1990
Page Three
planning commission's approval of the subdivsiion.
- -David DeBorde: How many units? Answered by Mrs.
Daley, "Ten single family lots."
-- Jackie Schmidt: This would improve and dress up the
area of 18th Street.
The public hearings were completed, with action to follow
in the business portion of the meeting.
Donald Wayne Hendrix was honored for being chosen for
the Jefferson Award for community service, representing the State of Georgia.
He was presented with a certificate of appreciation and a Fifty - Dollar savings
bond.
John Jarvis spoke as the first visitor, saying he loves
to come to Council meetings and usually expresses an opinion, but he hopes
not to make any enemies by doing so. Mayor Hosti agreed, saying that we
all live on Tybee and he hopes no one harbors ill feelings after differences
of opinion.
Earl Woods, proprietor of "Snowballs & Staff" on 15th
Street, saying that speed signs or bumps are needed to slow traffic down
before someone gets hurt.
Robert Martin asked about increases in water rates to
pay for garbage service, saying that he's heard a rumor and wanted to ask
City Council if it's true. Mayor Hosti answered negatively, saying he hopes
no increases in taxes or fees will be necessary, and that none are now planned.
Mr. Martin also said, and the Mayor agreed, that people should not have
to call another company, but should be able to complain directly to the
city about garbage service.
Margaret Daly spoke to request City Council to take
action against the Sunrise Motel to force them to clean up the property
and keep their customers in line, saying that drugs, alcohol, and prostitution
are common problems. Mayor Hosti said that he is aware of a garbage problem
several weeks ago and thinks it is solved. He said that today he has talked
to the motel manager asking his cooperation and asking him to meet with
representatives of the neighborhood to resolve the difficulties together.
Mrs. Dalky said she'd be happy to meet with Mayor Hosti and the owner, but
that they'd never been able to get in touch with the owner.
Margaret Hurst spoke to apologize for calling the Mayor
at home late at night when there was a disturbance at the motel. She said
she doesn't feel safe in her home and that she is considering selling because
of these problems.
Tybee Island, Georgia
June 14, 1990
Page Four
Bill Lewis spoke to complain of a problem with dogs
in his neighborhood on Lewis Avenue. There are 15 dogs, and he is concerned
for safety of small children because the dogs regularly jump the fence,
and intrude, taking shoes, etc. from porches and yards. He said there is
no rest for the barking and that no one can open their windows because of
the stench. He said there have been several angry confrontations. He also
said that some of the neighbors are on fixed incomes and can't afford to
run their air conditioning all the time; not being able to open windows
is a real hardship to them.
Red Ball spoke to say he loves dogs and that the
dogs shouldn't have to live like they do. He also said his son has been
chased by these dogs.
David DeBorde spoke to say that he rides his bike all
over the island and he agrees that the odor in that particular location
will knock a person down.
Tom Fabrikant, the dogs' owner, spoke. He said that
there are 15 dogs, but 6 are puppies. He said he has been approached by
the City Marshal Jerry Farmer and by the Animal Control Officer Jim Lynes
and that he has followed their suggestions. He said the Lewis's have called
the police four times and that Mr. Simpson of the county health department
has come out, made an inspection, and found no problems. He said that in
two weeks his fence has been cut 4 times, and that's why the dogs have been
out - he thinks someone is deliberately letting them out to cause trouble.
He also says he's had animals poisoned, and that his house has been broken
into. He said the dogs are seen regularly by a vet, and have the required
shots. He said the dogs barked the night before primarily because someone
set off two skyrockets in his yard. He said he's doing what he can to find
homes for some of them.
Mayor Hosti said he is sure there is a problem, and
agreed to meet with both parties to try to settle this neighborhood
problem amicably.
Councilman Youmans said he has lived on Lewis for 16
years just two doors away from Mr. Fabrikant and that he has never heard
the dogs bark.
Tybee Island, Georgia
June 14, 1990
Page Five
Ansley Williams of Spanky's spoke for the Chamber of
Commerce. He gave a report on the beach music festival saying that it was
successful from the Chamber's point of view, and is planned to continue
on an annual basis, but not necessarily on Memorial Day.
He also spoke for a permit for fireworks for the 4th
of July, saying that he has spoken to Fire Commissioner Youmans about the
Fire Department being in charge of shooting them, and that the Savannah
Kite Association would like to do a lighted kite flying demonstration just
before the event.
He asked for a parade permit for the Beach Bums' Parade
to be held on July 7th (Saturday), and saying that a distinguished citizen
has accepted the position of Parade Marshal and he hopes to make an announcement
of this soon. He invited all of Tybee to get into the Beach Bums' Parade.
The meeting was opened for business legally presented.
The flood variance for 1307A Strand was denied on motion
of Councilman Brown, seconded by Councilman Dukes. The vote was unanimous.
The setback variance for 901 Jones was next considered
with Councilman Jackson moving to approve, seconded by Councilman Walsh.
Discussion followed with reference to whether or not hardship is involved,
and just how many trees, and what kind, the setback variance would save.
The vote was 3 - 3 with the negative votes cast by Councilmen Brown, Locklear
and Youmans. The votes favoring the motion were cast by Councilmen Jackson,
Walsh and Dukes. Mayor Hosti, breaking the tie, cast an affirmative vote
and the variance was granted by a vote of 4 - 3.
The rezoning (R -2 to NM) petition for 1402 Chatham Avenue
followed with Councilman Dukes moving to deny, seconded by Councilman Brown.
City Attorney Mahoney reminded the Council that they have before them the
ordinances governing rezoning (Code Sections 8 -4- 72/8 -4 -74 and suggested
that the Council look at the criteria for rezoning as they decide. Councilman
Dukes asked if pursuit of the question is illegal in view of incomplete
action from the planning commission and the City Attorney said, "Absolutely
not.
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Councilman Youmans read some of the criteria, saying
he has checked the neighborhood and found there are other buildings being
used for boat storage.
Tybee Island, Georgia
June 14, 1990
Page Six
Councilman Jackson asked the City Attorney if the Council
could grant conditional or restricted rezoning. Mr. Mahoney replied that
he is glad he was asked, answering that the City Council can grant the rezoning
with conditions, but that conditional rezoning has been struck down by the
Supreme Court. The vote was 4 - 2 with Councilmen Jackson and Youmans voting
for the petition. Councilmen Dukes, Brown, Walsh and Locklear voted for
denial of the petition, and the petition failed.
Rezoning and subdivision of #4 18th Street was next
considered. City Attorney Mahoney again reminded the City Council that
the criteria for zoning is in front of each of the Councilmembers. Councilman
Youmans moved to approve, Councilman Brown seconded with the comment that
he is happy to see this go residential rather than commercial. Councilman
Dukes said there should be some form of contingency since the planning commission
hasn't yet considered the subdivision. Mayor Hosti said he believes the
owner needs some assurance that single family development will be acceptable.
The rezoning passed unanimously by a 6 - 0 vote. The Council then considered
a tentative approval of the subdivision concept, pending favorable action
by the planning commission, passing the question back to the planning commission
in a favorable light. The vote of tentative approval of the subdivision
plan was also unanimous (6 - 0).
Councilman Jackson, with second from Councilman Dukes,
moved the approval of the minutes of May 10th and June 5th.
Bills were approved as follows:
Water /Sewer $14,601.27
General Govt. $17,598.94*
Police $37,448.21 **
Public Works $ 9,547.98
Sanitation $18,204.22
Fire $ 5,971.63
1st Responder $ 1,020.89
Parking $ 970.26
Lifeguards $ 557.20
Recreation $18,968.18 * **
Motion to approve was made by Councilman Dukes, seconded by Councilman Brown,
and was unanimous.
*Includes $12,000 in fixed costs such as H/M Taxes, Insurance & Dept.Labor
* *Includes two new police patrol units bought under state contract: $25,163.60
** *Includes one new van @ $15,264. underwritten by two grants totaling $11,600.
Tybee Island, Georgia
June 14, 1990
Page Seven
Councilman Jackson reported a date has finally been
agreed upon for the pier /pavilion public hearing - Wednesday, July llth,
at 7:30 p.m. at City Hall. The public is encouraged to attend.
Councilman Brown moved to deny an application for an
outside bar from the Seagull Motel, with second by Councilman Dukes. The
vote was 5 - 1 and the business license was denied. The petitioner will
be so informed.
Councilman Dukes reported that he and Mayor Hosti have
met with University of Georgia Marine Extension Service representative Lewis
Taylor and both feel it is one of the most worthwhile programs the city
has ever had. $900. is currently budgeted for electricity, and no increased
funding is requested at this time, but he announced that he is forming a
citizens' committee to promote the program which includes free beach walks,
exhibits, and Saturday night programs at City Hall. He is looking for volunteers
to install an air conditioning unit, tinted glass, and folks with checkbooks.
Volunteers are needed to man the desk and to assist the teachers.
Councilman Locklear announced that 14 people interested
in arts and crafts met on Monday night at City Hall to form an organization.
A second meeting is scheduled for June 25th, and other people are invited
to join.
Councilman Dukes gave an update on the Tybee School,
saying that the city several weeks ago offered the School Board $50,000
for the grounds and schoolhouse. He said that he and Mayor Hosti visited
Ann Crowder to check on its status. Mrs. Crowder said the last time she
sat with the Board the situation was: yes, the city should have the premises;
yes, the city should have the land free; perhaps the city needs to pay more
for the buildings. As far as she knew earlier today, no decision has been
made.
Councilman Locklear spoke of the Summer in the Park
program, giving a report and inviting people to enroll their young children.
Communications were read as follows: 1) From Senator
Coleman, dated 5/31/90, 2) From Tybee Chamber dated 6/1/90, 3) From Commissioner
Ledbetter of DNR, dated 6/4/90, 4) From Planning Commission, dated 6/5/90
& 6/11/90, 5) From Jennifer Roberts dated 6/5/90, 6) From Mayor Rousakis
of Savannah, dated 6/8/90, 7) From Wayne Bland (Board of Education) dated
6/8/90, from Marion Agnew, dated 6/12/90.
Tybee Island, Georgia
June 14, 1990
Page Eight
The Chamber of Commerce requests regarding the annual
Beach Bums' Parade on July 7th were approved by motion of Councilman Youmans,
seconded by Councilman Locklear, and passed unanimously. The Chamber's
request concerning 4th of July fireworks was also unanimously approved,
on motion of Councilman Walsh, seconded by Councilman Youmans.
Councilman Dukes read a resolution regarding jail fees
that had been passed by the Chatham Cities group, and moved that the Tybee
City Council endorse it. Councilman Jackson seconded and the endorsement
was unanimous. A copy is attached to, and becomes a part of, these minutes.
Councilman Walsh introduced the second reading of Code
Section 6 -1 -12 (Wells) and moved its adoption. Councilman Jackson seconded
and the vote was unanimous.
Councilman Locklear introduced the second reading of
Code Section 4 -4 -9 (Cruelty to Animals) and moved its adoption. Councilman
Dukes seconded and the vote was 5 - 1 with Councilman Youmans casting the
dissenting vote.
Councilman Locklear read Code Section 4 -4 -12A (Birds
and Wildlife Protection) and moved its adoption on second reading; Councilman
Dukes seconded and the vote was 5 - 1 in favor of the motion with Councilman
Youmans casting the dissenting vote.
Councilman Locklear introduced the second reading of
Code Section 9 -3 -35 (Lifeguards) and moved its adoption. Councilman Walsh
seconded. Councilman Brown questioned the language "all times" during dis-
cussion after which the ordinance was adopted by unanimous vote.
Councilman Locklear read Code Section 7 -3 -6 (Powered
Watercraft) on second reading and moved its adoption. Councilman Jackson
seconded. Councilman Youmans questioned the city's right to control motorized
craft, and the City Attorney said that he believes the ordinance complements
the State Law and is okay for the city to pass. The vote was 6 - 0.
Code Sections 6 -1 -12, 4 -4 -9, 4 -4 -12, 9 -3 -35 and 7 -3 -6
were adopted and copies are attached to, and become a part of, these minutes.
Code Section 9- 2- 1(b)(4) defining Full Service Kitchens
for the purposes of the Sunday. Sales portion of the alcoholic beverage ordinance
was read. Councilman Walsh moved its adoption, Councilman Locklear seconded
and the vote was 5 - 1 with Councilman Youmans casting the dissenting vote.
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Tybee Island, Georgia
June 14, 1990
Page Nine
During the discussion of the definition, Councilman Jackson raised the question
as to whether or not the Health Department had been consulted. It was determined
after some discussion, that the ordinance had no effect on the requirements
for a health department permit for food service. The second reading is
to be held at the July meeting.
Councilman Dukes moved that the meeting be adjourned
to reconvene in executive session for discussion of personnel matters.
Ordinance #
AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE
OF ORDINANCES, SECTION 6 -1 -12, GRAVEL WALL WELLS
AND LIMEROCK WELLS.
Be it ordained, and it is hereby ordained by the Mayor and Council in
Open Meeting assembled, that the Tybee Island Code of Ordinances, Title
6 Municipal Utilities, Chapter 1 Gravel wall wells and Limerock wells,
Section 6 -1 -12, Paragraph (b) be deleted in its entirety, and a new
paragraph to be numbered the same, be inserted in its stead, reading
as follows:
Section 6 -1 -12 Gravel wall wells and limerock wells.
(b) It shall be unlawful for any individual person, firm or business,
within the corporate limits of the municipality to dig or install
a limerock well, as hereinafter defined. However where it is not
possible for the city to provide water, it shall be within the
discretion of the governing body upon petition to permit the
drilling of a limerock well.
"At such time as municipal or public water service is extended to the
property line of the owner of a private well, the city shall either
incorporate the well into its water supply system, or plug, cap, and
abandon the well according to state health requirements. There shall
be no charges or fees attached to this exchange between the city and
the well owner."
ADOPTED THIS 14 DAY OF �u n , 1990.
ayor Charles : osti
1st Reading: rnair IOC 19 qO
2nd Reading: J u. 14 , t o
Enacted: tkutk 141 I9 Ct O
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Ordinance # l qa0 - / a
AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF
ORDINANCES, SECTION 4 -4 -9 ANIMAL CONTROL.
Be it ordained, and it is hereby ordained by the Mayor and Council in
Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 4
Chapter 4 be amended by the following addition of Section 4 -4 -9.
SECTION 4 -4 -9
(1) A person is guilty of a violation of this article when his act,
omission, or neglect causes unjustifiable physical pain, suffering,
or death to any living animal.
(2) Paragraph (1) above does not apply to the killing of animals raised
for the purpose of providing food, nor does it apply to any person who
hunts wild animals in compliance with the fish and game laws of this state.
The killing of an animal for humane purposes is justifiable.
ADOPTED THIS 1 4 DAY OF 3 u R S , 1990
1st Reading ' ct,y j0 1IC(j
2nd Reading J L& E 1 14"‘ t qCi D
Enacted tkvr) e 1 \CI CIO
(PN.e.Ajr-LAri
erk f Council
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Ordinance # 16190 - lb
AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF
ORDINANCE, SECTION 4 -4 -12 ANIMAL CONTROL.
Be it ordained, and it is hereby ordained by the Mayor and Council in
Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 4
Chapter 4 be amended by the following addition of Section 4 -4 -12.
SECTION 4 -4 -12 Birds and wildlife protected; abatement of condition
creating nuisance.
(1) It shall be unlawful to trap, hunt, or shoot, or attempt to trap, or
shoot, or molest in any manner any bird or wildlife that would result in
injury or destruction of said bird or wildlife, or to rob birds' nest or
wildlifes' habitats; providing, however, if birds or wildlife are found
to be congregating in such numbers in a particular locality that they
constitute a nuisance or menace to health or property in the opinion of
the proper health authorities of the city, such health authorities shall
meet with representatives of the Audubon Society, bird club, or such
similar club, or Humane Society, or as many of such clubs as are found to
exist in the city and /or county, after having given at least four days actual
notice of the time and place of said meeting to the representatives of said
clubs and to the public.
(2) If, as a result of said meeting, no satisfactory alternative is found
to abate such nuisance, said birds or wildlife may be destroyed in such
numbers and in such manner as is deemed advisable by the health authorities
under the supervision of the City Marshal.
ADOPTED THIS
t DAY OF l(he , 1990
1st Reading M69 1611C-440
2nd Reading J a_ne I4,%()
Enacted 3 ur1 e 141 IGGo
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CP—•=e-kirLtr)
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Ordinance # KIP° ' i 4
AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCE,
SECTION 9 -3 -35
Be it ordained, and it is hereby ordained by the Mayor and Council in Open
Meeting assembled, that the Tybee Island Code of Ordinances, Title 9, Article
D, Beach Equipment Rental 9 -3 -35 be deleted in its entirety and a new paragraph
be titled and numbered the same be inserted in its stead, to read as follows:
SECTION 9 - 3 - 35 LIFEGUARD; REQUIRED; QUALIFICATION; DUTIES
Any person engaged in the business of renting floats, rubber boats, rafts, or
similar equipment for use by the public, shall, before engaging in that business,
employ and maintain at all times within the vicinity of the business site, the
services of a swimmer as a lifeguard who is American Red Cross certified as
follows:
1. Emergency Water Safety;
2. CPR;
3. Basic First Aid.
The lifeguard must be approved by the Director of the Lifeguards, City of Tybee
Island. The particular duty of the business' lifeguard shall be to observe all
persons renting any equipment, and to see that those persons use that equipment
in a safe manner, and to go to the aid of any person in distress in the water.
ADOPTED THIS t 4 DAY OF 1.1.11e. , 1990
is *' Reading 1114_1_3 (O I Icigo
2nd Reading June ( 4 i Kr
Enacted e 141 (9g a
CLZRR Ole' COUNCIL
P.,yufrui_To
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Ordinance # 'Q q - t 5
AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE
OF ORDINANCES, Section 7 -3 -6 PARKS, RECREATION
AND CULTURAL AFFAIRS.
Be it ordained, and it is hereby ordained by the Mayor and Council in
Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 7
Chapter 3 be amended by the addition of Section 7 -3 -6 Powered (Motorized)
Watercrafts;.Control. to read as follows:
SECTION 7 -3 -6 POWERED (MOTORIZED) WATERCRAFTS; CONTROL.
It shall be unlawful for any person owning, borrowing, leasing, or renting
a powered (motorized) watercraft to: (1) ingress or egress the waters
surrounding the City of Tybee Island other than at the Municipal Boat
Ramp on the Back River at Chatham Avenue, a private residential dock, or
a commercial marina; or (2) approach closer than 1000 feet from the mean high
water mark of the municipal beach extending from the rock jetty at Nineteenth
Street north to the rock jetty at the confluence of the Atlantic Ocean
and the Savannah River at Fort Screven. It shall be the duty of the lifeguards
and /or other city officials to notify the Coast Guard or the Department
of Natural Resources concerning violations of this section,
and where possible, within the City Limits, the Chief of Police or any
law officer shall have the arresting authority for violators of this
article.
ADOPTED THIS 14 DAY OF °� , 1990
1st Reading ci-s 101 I qq Q
2nd Reading s(ij e Ii -1IgGo
Enacted 3l-k.r e [41 ‘qcl
erk • Council