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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. 1 1 1 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. 11 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. 1 1 1 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 1 1 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 1 1 1 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 JO) Mayo CP—•=e-kirLtr) lerk f Council 1 1 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 1 1 1 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