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HomeMy Public PortalAbout19910411CCMeetingTybee Island, Georgia April 11, 1991 The Tybee Island City Council held its regular monthly meeting on Thursday, April 11, 1991 at the Tybee Island City Hall, with Mayor Charles J. Hosti presiding. The following members of Council were present: James P. Locklear, Jack Youmans, Bill Walsh, Jimmy Brown and L. Jefferson Dukes. Councilman Jackson was absent due to National Guard duty. Attorney John Foster represented the city in the absence of Thomas Mahoney. The meeting began with a Invocation given by Councilman Locklear followed by the Pledge of Allegiance led by Mayor Hosti. Mayor Hosti then opened the Public Hearing on the Smith variance request for a side yard setback. Attorney Lamar Fields represented Stacie Smith, explaining the reason why the setback was needed. The council is familiar with the situation. Mr. Fields stated that it was a question as to whether the steps were grandfathered or not. Mr. Field said that Jerry Farmer came down to the site after Planning Commission denied the request and told them it would be O.K. to continue the work. Mr. Fields also explain that it is only 6 inches encroachment into the 10 foot setback and the only way to get into the house. Mrs. Smith has apologized to Planning Commission and the City Council for the misunder- standing. Councilman Brown asked the contractor, Mr. Stapleton, which set of stairs did you tear down? Mr. Stapleton said both sets of stairs. Councilman Youmans asked if the outside steps were walkable? Mr. Stapleton said he would not let a dog walk up the stairs. Mayor Hosti asked if any one in the audience wished to speak against the variance. Mr. Jim Kluttz said the Planning commission voted to deny the variance request, the interior steps were used to get to the second floor. He stated that the steps were put up before the Planning Commission met but were not completed. Mr. Kluttz said he has a problem with doing the work and then asking for a variance. Mr. John Jarvis asked why they waited to request variance. Mr. Fields said there was a question about the outside steps being grandfathered. Mayor Hosti said it was a matter of misunderstanding about whether variance was needed. The Mayor said he went down and checked himself, the stairs were there in 1984. The Mayor then closed the Public Hearing. Kathy Williams of the Tybee Beautification Committee spoke to council about the Earth Day Events taking place on April 20th. The Beautification Committee is requesting a grant in the amount of $350.00 to help with the expenses. Councilman Brown asked if the Beautification Committee was going to pay for the curb side pickups. Mrs. Williams answered yes, the committee is contracting with Waste Management and Superior Sanitation. The Tybee Beautification will assume all other cost. 1 1 Page 2 April 11, 1991 Mayor Hosti made special recognition of the Boys and Girls Junior Varsity Basketball teams from Saint Michael's School for being the Champs in their divisions. Ms. Joan Sumner, Chamber of Commerce, requested permission of council to hold the Beach Music Festival on June 8 and 9th between the DeSoto Beach Club and Econo Lodge. She also requested a special two day beer permit and assistance from the city DPW Department. She stated that four bands are already booked for the event. Councilman Walsh asked if the chamber was going to provide restrooms. Ms. Sumner answered yes, plenty of toilettes. Councilman Brown reminded Ms. Sumner about no cans or bottles, just cups please. Councilman Dukes stated that he was present at the meeting with department heads and chamber and they saw no problems. Councilman Youmans noted that the city has only a certain number of policemen and it would cost overtime pay, C of C must pay for own security. Jack Boylston was the next visitor to speak to council requesting permission to have the Fifth Annual Beach Bum Parade on Friday, May 17th and that the parade be allowed to form in the South Beach Parking area. Mayor Hosti questioned whether there would be a conflict with parking. The Parade will start at 6 P.M. and start forming at 5 P.M. Councilman Brown will meet with Mr. Fripp and iron out any problems. Councilman Dukes asked how to enter a float in the parade. Mr. Vincent McCusker introduced Mr. Michael Cohen the coach of the Savannah Team Weight Lifters. Mr. Cohen explained the program and introduced the youngest competitor Cassie Clark of Tybee Island. Mr. McCusker is the grandfather of a set of twin girls that also are in the program. Mr. Cohen asked that Tybee offer some support for the teams. Mayor Hosti introduced Attorney John Foster to the audience. He also stated that the Saint Jude's Bike -a -Thon is being held in Memorial Park this Saturday. Mayor Hosti opened the meeting for business legally presented. The first item to come before council was the request for a variance from Mrs. Stacie Smith. Councilman Walsh _moved that the request be granted. The motion died for lack of a 2nd. Mayor Hosti said there was some question as to whether the stairs were under the grandfather clause. The Mayor talked with Jerry Farmer about the stairs, and they were there. The Mayor then stated that a stop work order was issued until the problem was settled. Mayor Hosti said he is in favor of granting the variance. Councilman Dukes asked for a point of order. Do we need another motion or is request dead because of having no second to the motion. 1 1 1 April 11, 1991 Page 3 Attorney Foster said that the request could be discussed. Mayor Hosti said the variance was denied. Councilman Dukes made a motion to deny the variance request and it was seconded by Councilman Youmans. Councilman Brown I said,There were steps inside of house and when the outside steps were torn down,I don't know. But from the time Mrs. Smith came to the Planning Commission ft meeting it was 30 to 45 days before a stop work order was issued by the city. Councilman Dukes said that Mrs. Rose Lanier,the Zoning Administrator, told the Smiths' that they had to request a variance. Councilman Dukes said he could see no hardship. Councilman Youmans said that there was access to upstairs from the steps under the house. Councilman Walsh said that it was a lousy how they went about it, but they requested a 3 foot setback variance and only needed 6 inches, steps were there before. This is a older house on the beach front and the 6 inches would not hurt anybody. Councilman Locklear said it was arrogant the way it was handled. Mayor Hosti called for a vote. Three (3) in favor of denial - two (2) opposed (Locklear, Walsh). Councilman Walsh made a motion to give the Tybee Beautification Committee a grant in the amount of $350.00 to help with the expenses of Earth Day, April 20, 1991. Councilman Dukes seconded. The vote by council was unanimous. Councilman Dukes made a motion to approve the request by the Chamber of Commerce to have a Beach Music Festival on June 8th and 9th, this motion also includes a special 2 day beer permit. Councilman Youmans seconded, council vote was unanimous. Councilman Locklear made a motion to approve the Beach Bums Parade Permit for May 17th. Councilman Brown seconded. The vote by council was unanimous. Councilman Dukes so moved that the minutes from the March 14th council meeting be accepted as read. Councilman Walsh seconded. The bills for the month of March are as follows: General Government $ 9,529.38 Police 7,213.99 Parking 6,736.30 Recreation 1,370.69 Fire /First Responder 2,405.93 Dept. of Public Works 29,176.81 Sanitation 21,060.63 Water /Sewer 15,256.88 Councilman Dukes made a motion to pay the bills for March, with Councilman Walsh seconding. The vote by council was unanimous. Councilman Dukes recommended not to send a representative to the GMA District meeting in Albany. Mayor Hosti questioned whether it was necessary to send someone. Councilman Youmans made a motion that he be allowed to attend the meeting. The motion was seconded by Councilman Walsh, council vote was unanimous. 1 1 1 April 11, 1991 Page 4 The next order of business to come before council was four different Alcoholic Beverage License applications.. P. J. Wingers was postponed until the May meeting in order to get information on the principal person responsible (manager) Mr. James Eaton. Councilman Walsh made a motion to approve Fat Daddy's Lounge application, with Councilman Youmans seconding. Vote by council was unanimous. Councilman Walsh moved to approve the Novelty Bar & Grill alcohol license. Councilman Youmans seconded the motion. Councilman Dukes said that council knows why it was turned down last month. Councilman Walsh stated that some charges were reduced and some were dropped. Vote by council was 2 in favor of granting the license and 3 opposed (Locklear, Brown, Dukes). Councilman Walsh recommended approval of Pierre's located on the Strand. Councilman Youmans seconded. The vote by council was unanimous. Councilman Youmans requested that when funds were available he would like to have a fence around the DPW compound. Mayor Hosti said that council will talk about this at a later time. Councilman Locklear gave a report on the ISO inspection stating that we will receive a 5 for sure but he is hoping for a 4 rating. Councilman Locklear explained that a poll of council was taken on April 4th for expenditures in the amount of $4,963.70, but he would like full council to approve this expenditure in open council meeting. Councilman Locklear put this in the form of a motion with Councilman Walsh seconding. The vote was unanimous. Councilman Brown moved to leave the surfing area as it was last year, 17th Street south. Councilman Locklear seconded. Councilman Walsh said it was a dangerous area because of the rock jetty. Councilman Youmans agreed. The vote by council was 3 for and 2 opposed (Youmans, Walsh). Mayor Hosti gave a report on some more cave ins that might happen in the near future. On Jones from 4th Street to 8th Street the cost is approximately $48,000.00. Mayor Hosti is trying to get a grant from Atlanta. A long discussion was held on the Newsome property swap that was done by the past administration on a vote of 4 in favor and 2 opposed. The attorney for Mr. Newsome did not bring in the proper paper work to be signed. Brown made a motion directing the Mayor not to sign documents to accomplish the Newsome land swap. 2nd by Councilman Youmans. Councilman Brown said he doesn't see where the city would profit form the swap. John Foster, City Attorney, is of the opinion that the vote by the former administration was legal and the Mayor has been directed to sign. Councilman Brown questioned why Mr. Newsome waited two years before he came back to the city. Councilman Locklear said we have a recourse, which is condemnation and fair market value. 1 1 April 11, 1991 Page 5 Councilman Brown said he believes if the people thought they had the property, they would have gotten the papers to the city for signing. Councilman Dukes stated that he had read all information on the subject and the issue is vague and cloudy. This council deserves the same information as the other council and to hear same evidence, and he urges denial. Mayor Hosti called for a vote. 4 in favor to deny - 1 opposed (Walsh). Councilman Walsh made a motion to approve a request for the Dune Crossover Revocable License for Wilmock, Inc. Councilman Brown seconded. The vote was unanimous. Councilman Locklear said the Toll Booth Committee had their first meeting and that another meeting is planned in about two weeks. Councilman Locklear said he has talked with Representative Kingston on bills concerning property taxes. A letter from the James Powers family was read into the minutes. Mr. Emmett Walker of the Yours and Mine Art Club requested a parade permit for June 8, 1991. This parade would be from T & M Grocery Store to City Hall. Councilman Locklear made a motion to approve the permit with Councilman Walsh seconding. The vote was unanimous. Councilman Locklear made a motion to allow the SCAD to have a picnic in the North Beach area on the beach without electronic music. Councilman Brown seconded with the stipulation that SCAR provide their own security, pay the parking lot fees, and turn in a refundable deposit of $250.00. This will be returned if beach is left clean. Since it is only from noon til 5 P.M. the police can shut them down if there are any complaints concerning loud music. Councilman Youmans stated that sometimes the music from the Memorial Park shakes his house on Lewis Avenue and we do not shut them down. Mayor Hosti called for the vote. Four in favor and one opposed (Youmans). on first Reading Councilman Locklear made a motion to approve Ordinance Section 8- 4 -58(a) through 8 -4 -60, Protection of the Nesting Habitat of Sea Turtles, with amendment to all sand beaches, one word correction, and to delete 8- 4- 59(c). Councilman Dukes seconded. Councilman Brown made an amendment to the motion to keep 8- 4- 59(a)(4), with Councilman Youmans seconding. The vote on the amendment of Councilman Brown was 3 in favor and 2 opposed (Locklear, Dukes). The vote on Councilman Locklears' was 3 in favor, 2 opposed (Youmans, Walsh). Councilman Walsh made a motion to accept Ordinance changes on Section 10 -3 -1, 10 -3 -2, 10 -3 -3, 10 -3 -4 with Councilman Locklear seconding the motion. Councilman Dukes said we are going from one page to four pages. Attorney Foster said we needed these changes in order to comply with state law. Councilman Brown asked if this was not already state law? 1 1 1 April 11, 1991 Page 6 Councilman Brown then recommended that these ordinances be tabled for further study, with Councilman Youmans seconding. All in favor. Ordinance 9- 2 -10(d) was read for the first time. Councilman Locklear moved for approval of first reading. Councilman Youmans seconded. Vote by council was unanimous. Councilman Walsh made a motion to accept Ordinance 9 -2 -24(4) on first reading with Councilman Locklear seconding. Vote by council was unanimous. Mayor Hosti adjourned the meeting as there was no further business to come before council. Mayor Charle . Hosti 1V 1 REVOCABLE LICENSE FOR DUNE CROSSOVER STRUCTURE The undersigned applicant hereby requests permission from the City of Tybee Island, Georgia, to construct a dune crossover structure for the purpose of erosion control and protection of certain waterfront property located within said city limits since a portion of the proposed project may encroach upon the sand beaches within the city limits of said municipality. The undersigned understands that the issuance of such a permit does not relieve the applicant of the obligation to obtain additional auth- orization from the State of Georgia. The undersigned further recognizes and agrees that this license does not confer upon the undersigned any rights, title, estate or interest in said licensed premises; nor does this license agreement confer upon the undersigned a license coupled with an interest or easement. This license merely gives the undersigned a revocable privi- lege, it being expressly understood and agreed that, regardless of any improvements or investments made, expense and harm incurred or encountered by the undersigned, thi` agreement shall be subject to revocation, cancellation or termination, this license shall be null and void. The undersigned shall further indemnify and save the City of Tybee Island free and harmless from any and all liability, loss, cost, damage or other expense from accident or damage, either to itself or to the persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted by this license, The undersigned applicant further recognizes that the City of Tybee Island does not grant permission to proceed with such project unless and until a Shore Assistance Permit is issued and a copy of same is filed with the Clerk of Council of said city. Date 4 -L1.g1 Applicant's Signature [ 1L0 1. v. Address 1 The CITY OF TYBEE ISLAND hereby grants the above a revocable license for a dune crossover structure not coupled with an interest as provided in the above request. Approved in Open Council this q day of , 1991 . ATTEST k erk d Council P R O C L A M A T I O N M U N I C I P A L C L E R K S W E E K May 5 through May 11, 1991 WHEREAS: it is imperative to the democratic process that a well — informed citizenry participate in the operation of their local government; and WHEREAS: the office of Municipal Clerk provides the communication link between the citizens, the local government legislative body and administrative departments, and agencies of government at other levels; and WHEREAS• the Municipal Clerks serve as the information center on the functions of their local government by making available the records of local government, distribution of published materials and reports, presentations before community and school groups, and answering questions on the government activities and programs; and WHEREAS: the Municipal Clerks and their staff have upon their own initiative participated in education programs, seminars, workshops and the annual meetings of their state, province, aad international professional organizations which not only improved the operation of their office but through their achievements and awards have brought favorable publicity to the communities that they serve. NOW, THEREFORE, I CHARLES J. HOSTI, MAYOR OF TYBEE ISLAND, GEORGIA, DO RECOGNIZE THE WEEK OF MAY 5 THROUGH MAY 11, 1991, AS MUNICIPAL CLERKS' WEEK, AND FURTHER EXTEND APPRECIATION TO OUR MUNICIPAL CLERK, JACQUELYN R. BROWN, AND TO ALL MUNICIPAL CLERKS FOR THE VITAL SERVICES THEY PERFORM AND THEIR EXEMPLARY DEDICATION TO THE COMMUNITIES THEY REPRESENT. DATED THIS 11th DAY OF MAY, 1991. Mayor Charle . Rosti ,J (.� �, tea ltit Gt 1 1 P R O C L A M A T I O N WHEREAS, NATIONAL POPPY DAY has been set aside throughout this nation as a day in which all people can help our disable American Veterans; and WHEREAS, the Tybee Island American Legion Post 154, and the Tybee Island American Legion Auxiliary, traditionally take this opportunity to support disable American veterans, and WHEREAS, All donations received from this sale of Poppies go directly to the aid of the brave veterans and their families; NOW, THEREFORE, I, CHARLES J. HOSTI, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM FRIDAY AND SATURDAY, APRIL 19th and 20th, 1991, AS "TYBEE ISLAND POPPY DAY" AND I DO FURTHER EXHORT ALL CITIZENS LEGION POST 154 AND THE AUXILIARY IN DISABLED AMERICAN VETERANS FOR THEIR THIS ERK iF COUNCIL OF OUR CITY TO SUPPORT THE AMERICAN THEIR EFFORT .TO HONOR OUR ESTEEMED CONTRIBUTIONS TO OUR COUNTY. 11th OF APRIL, 1991 CHARLES J. I, MAYOR