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HomeMy Public PortalAbout19901213CCMeeting1 Tybee Island, Georgia December 13, 1990 The Tybee Island City Council held its regular meeting on Thursday, December 13th, 1990 at the Tybee Island City Hall, with Mayor Charles J. Hosti presiding. The following members of Council were present: Paul Jackson, L. Jefferson Dukes, James C. Brown, William C. Walsh, Sr., J.0. Youmans, Sr., and J. Patrick Locklear. Thomas J. Mahoney, Jr., City Attorney, was also present. The Invocation was given by Councilman Locklear. The Pledge of Allegiance to the flag was led by several Cub Scouts who were then presented with their first earned badges by Mayor Hosti. The Scouts were: Mark Maynard, Kevin Cole, and David McMillion. Matt Maynard was absent due to illness. The first visitor before Council was Bob Berry, representing Hobie Fleet #294. He announced that the Division Nine championships for '91 will be held at Tybee, if Council permits, on June 22nd and 23rd. Gloria Allen reported for Vision 20/20 inviting local citizens to take part in the planning. David deBorde asked for action regarding junk vehicles. Mayor Hosti reported that 11 vehicles have been removed recently, and that Jimmy Lee Woods, TIPD, is doing a fine job enforcing the ordinance. John Jarvis spoke about the 19th Street parking area, saying that the residents have not lived up to their promises to beautify the area, and telling City Council that they are eventually going to need this area for equipment if the beach is renourished. Minutes of November 8th were accepted unanimously on motion of Councilman Jackson, seconded by Councilman Walsh. Bills for the month of November were approved as follows: General Govt. $ 3,682.23 Other /Special $ 6,113.98 Police $13,032.67 Fire /lst Responder $ 1,902.52 DPW $10,643.33 Sanitation $18,061.25 Parking $ 597.29 Recreation $ 1,999.08 Reimb. Dept.2 $ 665.00 Water $10,860.19 Sewer $13,709.96 1 1 Tybee Island, Georgia December 13, 1990 Page Two These bills were unanimously accepted on motion of Councilman Walsh, with second by Councilman Jackson. Councilman Dukes moved, with second by Councilman Jackson, that the Hobie Cat Fleet #294 be given the city's permission to hold its southeastern regatta at Tybee Island on June 22 and 23, 1991. Councilman Dukes reported that a recycling committee has been formed, holding its first meeting on December 12th. He further reported that John Sugrue has provided the legal services at no charge, and that the Tybee Island Marine Science Center is now a non - profit foundation. He said plans are underway for a grand opening in March. He said a third committee that he chairs, the schoolhouse committee, met earlier this month and will be attending all future meetings of the School Board in hopes of keeping Tybee's request for action on Tybee School in the forefront. Councilman Brown moved that the city, through the state contract with Carey Ford in Atlanta, and from the '91 budget, allocate now $23,696 at a savings of $500 per car. Councilman Jackson seconded, and the vote was unanimous in favor. Councilman Walsh reported that bids are being sought for the storm drainage project on Back River. Councilman Youmans said Chief Robinson of Southside is coming to check on Tybee's readiness for an ISO review of our insurance fire rating. He said he hopes to be ready for this by January or February. Councilman Locklear reported that the abatement ordinance he has been seeking, and that has been tabled by the Council until next November, will go into effect with the State Minimum Standards in October of '91, and that we will have that code by state law. Councilman Locklear also read a proposal to honor local citizens for outstanding service by recognizing individuals at future Council meetings. This plan was accepted by concensus. Councilman Jackson announced that the boom truck is now in use, and should be a savings to the water /sewer department. Councilman Dukes recognized John Jarvis and Bob Dyer, citizen volunteers who were not named earlier in the meeting as members of the marine science & schoolhouse committees. 1 1 1 Tybee Island, Georgia December 13, 1990 Page Three Councilman Youmans introduced Fire Chief Vince McCusker, saying that he has been doing an excellent job, and that most people probably don't know him. Councilman Dukes informed the audience that the budget passed two nights earlier. Mayor Hosti spoke of the openings occuring on the planning commission, saying that he prefers no real estate agents serve on the board since he perceives this as a conflict of interest. He brought forward the names of Bob Adkins, John Sugrue, Ginger Strickland, Mariann Wildi and Jim Kluttz. He said that, through the Council, the names of Bonnie Gaster and Rusty Fleetwood have also been submitted. Rusty Fleetwood spoke to say that he isn't sure it isn't a slap in the face to prohibit real estate agents from serving because it is the same as saying that agents can't separate public and private interests, and adding that, in his own case, he believes he can. Councilman Dukes queried the City Attorney as to whether or not the Mayor has the exclusive right to propose names, or whether this extends to the Council -at- large. The names submitted by Councilmembers were included, and the vote was taken. Those receiving the most votes were chosen, and they are: John Sugrue, Mariann Wildi, Ginger Strickland, Rusty Fleetwood and Jim Kluttz. The results of the vote were accepted on motion of Councilman Brown, seconded by Councilman Walsh and unanimously endorsed. City Attorney Mahoney explained the need for a change in Code Section 3- 2 -71(b) having to do with collection of fees from insurance companies which the State of Georgia distributes to cities. He recommended that the ordinance be adopted in two readings since the deadline for filing the ordinance with the state is December 31st. Councilman Walsh moved that the ordinance be adopted, Councilman Jackson seconded and the vote was 5 - 1 in favor, with Councilman Youmans casting the dissenting vote due to his concern that the action might raise insurance rates for local citizens. Code section 9- 2 -22(a) concerning insurance license fees was next read by the City Attorney. A motion to adopt was made by Councilman Walsh, seconded by Councilman Jackson and unanimously accepted. A second reading followed immediately with Councilman Locklear moving to adopt. The motion, seconded by Councilman Jackson, and unanimously adopted. A copy 1 Tybee Island, Georgia December 13, 1990 Page Four of this ordinance is attached to, and becomes a part of, these minutes. The second reading of the other insurance ordinance will be read at the earliest opportunity. Mayor Hosti reported on the 15th Street storm drainage project and the results of the recent Insituform proposal, saying that consideration is also being given to improvements in the Chatham Avenue drains. Councilman Youmans questioned whether other companies have been contacted, and Mayor Hosti assured the Council that bids will be sought. Three letters regarding the height ordinance were read into the record. All were in favor of limiting or restricting heights. Proclamations were read honoring Burke Day, and the Optimists Youth Week. Code Section 8 -3 -13, Taxes Due & Payable, was read by the City Attorney for the second time. Councilman Dukes moved to adopt, seconded by Councilman Brown and the vote was unanimous. A copy of the ordinance is attached to, and becomes a part of, these minutes. Code Section 8 -2 -15, the Housing Code, was read for the second time by Mr. Mahoney, and was unanimously adopted on motion of Councilman Jackson, seconded by Councilman Youmans. The ordinance is attached to, and becomes a part of, these minutes. Next followed first readings of a number of ordinances that are all text amendments to the Zoning Code, and recommended by the Planning Commission. Mr. Mahoney reminded the City Council of the criteria they must consider when making any changes in the zoning ordinances. He said that a public hearing can follow the second reading of these ordinances at the next regular meeting of City Council, if the first readings are adopted now. Code Section 8- 4- 31(h -5), Off- street parking for tourist homes, was read. Councilman Dukes said that tourist homes are usually created as supplemental income for elderly people who find themselves with extra room in their homes after children leave, and that going out and buying extra property for parking might well make this impossible. Councilman Brown questioned whether the city should give free parking to people who are in business to make money. Planning Commission Chairman Jim Kluttz said that the recommendation is that tourist homes be allowed only in R =T and Commercial Districts, not in single family neighborhoods. 1 1 1 Tybee Island, Georgia December 13, 1990 Page Five The vote was 5 - 1 in favor, with Councilman Dukes casting the dissenting vote. Code Section 8- 4- 32(a)(1) adding bed & breakfast was read next and accepted on first reading on motion of Councilman Walsh, seconded by Councilman Jackson. Code Section 8- 4- 32(b)(6) adding bed & breakfast in commercial districts was read and accepted on motion of Councilman Youmans, seconded by Councilman Brown. Code Section 8- 4 -3 -b, defining bed & breakfast inns was read and accepted unanimously on motion of Councilman Youmans, seconded by Councilman Dukes. Code Section 8- 4- 31(d), adding bed & breakfast in R -T districts was read and accepted by motion of Councilman Youmans, seconded by Councilman Walsh. Code Section 8 -4 -31, adding height restriction to residential districts was accepted on first reading by motion of Councilman Brown, seconded by Councilman Youmans. [SEE PAGE SIX FOR INSERT ON CODE SECTION 8- 4- 33(d)]. Code Section 8 -4 -32 adding height restrictions in commercial districts died for lack of a motion. Councilman Dukes moved that the matter be considered further, with a look at the proviso adopted by the adjacent town of Thunderbolt that buildings going over 35' meet certain minimum safety standards such as smoke alarms, sprinkler systems, fire escapes, etc. This motion was seconded by Councilman Youmans. A first reading on the reworded ordinance was read by the City Attorney, followed by a unanimous vote. Second readings on all the ordinances above are scheduled for the January regular meeting, at which time a public hearing will be held. Mr. Mahoney reminded Council that a vote had been taken in a previous meeting to sell a portion of an unopened right -of -way and that the figure of $4,000. was the agreed amount. He said, for the record, that the deed has been prepared, is ready for the Mayor's signature, and will be held until payment is made. He also reported on legal advertisement for the local legislation to hold the city's elected officials to two -year terms in the face of the state's uniform election law four -year terms. He said after the advertisement requirement has been met, then the local legis- 1 1 Tybee Island, Georgia December 13, 1990 Page Six lation can be introduced by Representative Kingston in the House and Senator Coleman in the Senate, probably in January. The meeting was adjourned. INSERT FROM PAGE 5 : Code Section 8- 4 -33(d) Building Heights in Special Use Districts was accepted on motion of Councilman Youmans, seconded by Councilman Dukes, without a dissenting vote. Second reading will be heard at the next regular meeting. 1 1 1 Ordinance # 1q q o AN ORDINANCE OF THE TYBEE ISLAND CODE OF ORDINANCES, CODE SECTION 8 -2 -15, HOUSING CODE ADOPTED. Be it ordained, and it is ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances be amended by the deletion of Code Section 8 -2 -15 Housing Code Adopted, and the insertion of the following, to be numbered and titled the same, in its stead: Code Section 8 -2 -15 Housing Code Adopted. (a) The Standard Housing code, 1988 Edition, as revised, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety save and except those portions as are herein- after deleted, modified or amended, and is hereby incorporated into this code of ordinances as fully as if set out at length herein. A copy of the housing code shall be maintained in the office of the Clerk of Council where it shall be available for inspection by the public during regular business hours. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall prevail. This r6-"Ch of SZev , 1990. 1st Reading: IN(40Y-eth,lqqo Enacted: V �� ` Si Ictg® a �...Y.�1 mac, t Ordinance # AN ORDINANCE REPEALING SECTION 3 -2 -13 OF THE TYBEE ISLAND CODE OF ORDINANCES ENTITLED TAX DUE AND PAYABLE AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 3 -2 -13 ENTITLED TAX DUE AND PAYABLE. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE SECTION OF THE CODE OF ORDINANCES BE REPEALED AND A NEW SECTION BE SUBSTITUTED IN LIEU THEREOF TO THE TYBEE ISLAND CODE OF ORDINANCES, AS FOLLOWS: Section 3 -2 -13. Tax Due and Payable. (a) All advalorem taxes due the City other than for motor vehicles shall be billed and paid in two installments. The first installment shall be due and payable on June 1 of each year and the second installment shall be due and payable on December 20 of each year. (b) The first installment tax bill shall be in an amount of one -half of the taxes levied on the same property for the preceding tax year. The second and final installment tax bill shall be based on the current final tax digest furnished by Chatham County. Any portion of the entire tax bill not paid after December 20 of each year shall be subject to interest at the rate specified in Official Code of Georgia Annotated, Section 48 -2 -40 from December 21 of the year in which the taxes were owed until paid. (c) Following adoption of this Ordinance, it shall apply for the tax year 1991 and thereafter will continue in full force and effect in all subsequent tax years unless repealed by the governing body of the City of Tybee Island, Georgia. 1 1 1 (d) A copy of this Ordinance shall be filed with the Commissioner of the Department of Revenue of the State of Georgia. ADOPTED THIS ral,DAy OF , 1990. LILE14:4; F COUNCIL 1st Reading: NOVr 8 p qb 2nd Reading: 1)..W. Adopted: 111.e 13 log Page Two 1 1 1 Ordinance # caato -Q t AN ORDINANCE ADDING A NEW CODE SECTION TO BE KNOWN AS SECTION 9 -1 -22 OF THE TYBEE ISLAND CODE OF ORDINANCES ENTITLED INSURANCE COMPANIES LICENSE FEES OTHER THAN LIFE INSURANCE COMPANIES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE ABOVE SECTION OF THE CODE OF ORDINANCES BE ADDED TO THE TYBEE ISLAND CODE OF ORDINANCES, AS FOLLOWS: Section 9 -2 -22. Insurance Companies License Fees other than Life Insurance Companies. (a) There is hereby levied for the year 1991 and for each year thereafter an annual license fee upon each insurance company which is not designated as a life insurance company doing business within. the City in the amount of Forty ($40.00) Dollars. For the purposes of this Section, the term "insurance company" means a company which is authorized to transact business in any of the classes of insurance designated in sub - sections 2, 3, 4, 5 and 6 of O.C.G.A. Section 33 -3 -5. ADOPTED THIS IS DAY OF aCo __ , 1990. ERK 4F COUNCIL 1st Reading: 2nd Reading: Adopted: 9© CCO-nnel LLO k I L' b t3a 1 P R O C L A N A T I O N WHEREAS, the vast majority of the youth are concerned, knowledgeable and responsible citizens, and WHEREAS, the accomplishments and achievements of the young citizens deserve recognition and praise of their elders, and WHEREAS, Optimist International has since 1954 developed and promoted a program entitled Youth Appreciation Week, and WHEREAS, the citizens of Tybee Island, Georgia have indicated a desire to join with the Optimists in expressing appreciation and approval of the youth, I, Charles J. Hosti, Mayor, therefore proclaim the week of November 26th through November 30th as Youth Appreciation Week in Tybee Island, Georgia. By this action, let it be known that we have faith in the ability of today's youth as they assume responsible roles in the future of Mankind. CIL - Nt_ -w--)J The City of Tybee Island, Georgia wb WHEREAS, C. Burke Day, Jr., author of DAY BY DAY, is a Georgia son with intimate ties to Tybee Island; and WHEREAS, Burke is the son of Cecil B. Day, entrepreneur, who was the founder of the Days Inn Motels, whose inspirational, biographical story is told in the book, DAY BY DAY; and t °= WHEREAS, Burke C. Day, Jr., is the first and only author in history to obtain endorsements from four (4) United States Presidents for a book: DAY BY DAY; and TY; rt. WHEREAS, DAY BY DAY presents the success story of Days Inns, with the very first inn on Tybee Island; and r:11 WHEREAS, Burke is a living example of his father's statement: gqh "Find a Need and Fill It. ", and is an excellent role model for young Tybee Islanders as he follows his father's advice, "Keep on Keeping On. "; A NOW, THEREFORE, BE IT PROCLAIMED, AND IT IS HEREBY PROCLAIMED BY MAYOR CHARLES J. "GEORGE" HOSTI, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, that Sunday, December 9, 1990, is BURKE C. DAY, JR. DAY IN TYBEE ISLAND; and the Mayor and Council of the City of Tybee Island heartily encourage the citizens of Tybee Island to join with them in honoring Mr. Day for his many accomplishments and kindnesses toward the people of Tybee Island, Georgia. 1990. This Ninth day of December