HomeMy Public PortalAbout19920213CCMeeting1
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Tybee Island, Georgia
February 13, 1992
The Tybee Island City Council held its regular monthly
meeting on Thursday, February 13, 1992, at 7:30 PM at Tybee City
Hall. Mayor Walter W. Parker presided and the following members of
Council were present: Jimmy Brown, C. Burke Day, Jr., James P.
Locklear and Christopher P. Solomon. Thomas J. Mahoney, Jr., City
Attorney, was in attendance. C. Ansley Williams was out of town due
to a previous commitment.
The Invocation was led by Councilman Locklear, and Mayor
Parker led the Pledge of Allegiance.
A Proclamation proclaiming March as "Arts Alive Month in
Tybee Island" was read and presented to Councilman Locklear, who
accepted for the Tybee Arts Association.
Eagle Scout Jason Ball was recognized with a certificate
of merit for his accomplishments in Scouting.
Awards for service to the Planning Commission were given
to Fagan O'Kane, Jean Davis, Helen Burton and Leon Case, with Mrs.
Burton and Mr. Case receiving the honors in person.
David deBorde spoke as a visitor to object to forcing
uniform cart service, and its proposed cost, on the citizens. He
asked Mayor Parker to invite DOT officials here for a public
hearing about Tybee Road (SR 26 /US 80), saying we shouldn't wait
four or five years for four - laning to remedy the problem with water
across the road during flood tides. Councilman Day offered to meet
with Mr. deBorde to ride over the area the following day.
Dee Brady, a resident of Spanish Hammock, spoke to
support Mr. deBorde's position about flooding of U S 80.
A public hearing for Mr. Willard Teston, for a minor
subdivision at 504 15th Street (PIN #4 -07 -21 -007) was held. There
was no public comment. Mr. John Sugrue reported that the Planning
Commission recommended approval. In reply to a question, City
Marshal C. E. Case said that Mr. Teston had been made fully aware
that the subdivision of two existing structures will result in
nonconforming lot sizes, and its implications regarding rebuilding
after fire or other disaster. Councilman Day asked if there would
be a potential for a hardship variance later, and Mr. case
responded by saying that Mr. Teston would move the line a foot or
so if City Council insists; the result would be one conforming and
one nonconforming lot. The City Attorney advised that a new public
hearing would be necessary if there is a plat change.
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Tybee Island, Georgia
February 13, 1992
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The meeting was opened for business legally presented.
Councilman Youmans moved the subdivision be approved as
presented. Councilman Brown seconded, asking reassurance again that
Mr. Teston is indeed aware that rebuilding might not be possible.
The subdivision was granted without dissent.
Discussion of the R -1 -B setbacks required under Code
Section 8- 4 -31(k) followed. Councilman Solomon moved that a text
amendment be considered changing the setbacks to conform with those
of R2 zoning. Councilman Youmans seconded and this will be sent to
Planning Commission and an advertised public hearing scheduled for
the March meeting of City Council.
written.
Minutes of the January 9th meeting were accepted as
Bills for the month of Janaury were approved.
Councilman Locklear reported that the contract with
Cellular One is proceeding, but no price has yet been agreed upon.
Councilman Youmans reported that several requests for
alcohol beverage licensing have been requested. He moved to grant
a license to Tybee Marina (beer & wine) for Mr. M. Broas, saying
this is a change in ownership. Councilman Brown seconded, and vote
was unanimous in favor.
Councilman Youmans then moved that Tybee Ice House, Ms.
Wanda Kendricks, for beer and wine only to go be granted.
Councilman Locklear moved that this be tabled, saying that the
Lewis Avenue neighbors should be considered. Councilman Day
seconded, saying he'd like a chance to hear from neighboring
residents. The vote failed by a margin of 2 to 3, with Councilmen
Brown, Youmans and Solomon opposing. Councilman Brown said that the
frontage has always been zoned commercial, and that the Fourth
Quarter is located just across the street. Councilman Locklear
countered by saying that the corner is a bus stop and numerous
children get off the bus there. He argued that Tybee Island doesn't
need more alcohol licenses; that the name of the island could be
changed to "Tipsy Island ". Councilman Youmans said the impression
seems to be that this is a bar - it isn't; they will sell tee -
shirts, etc. but will offer beer and wine to go just like any
convenience store does. He added that both Seven - Elevens are also
bus stops, as is Jiffy Mart and T & M Grocery. Councilman Solomon
called for the question after seconding Councilman Youmans original
motion. The vote was 3 (Brown, Youmans, Solomon) to 2 (Day and
Locklear). The license was granted.
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Tybee Island, Georgia
February 13, 1992
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Councilman Youmans introduced as alcohol license request
from Betty Wood for Busy Bee; he moved it be granted, saying that
this is a change in management, not a new license. Councilman Brown
seconded; the license was granted by 4 to 1 vote with Councilman
Locklear opposing.
Councilman Youmans reported for Councilman Williams that
the DPW Committee has met several times and come to the unanimous
decision to recommend that the city contract with Waste Management
for a uniform cart system for garbage collection, with the city
paying an equal amount, $10.50, for each residential or commercial
user, and billing each user a fee of $2.00 per month on the utility
bills. Those who need more than one cart would be billed directly
by Waste Management for extra containers. Councilman Youmans moved
that this be added to the negotiations for the new contract, and
Councilman Solomon seconded, saying this will create a cleaner
island and get rid of a lot of old rusty cans that animals get
into. Comments from the audience were made by John Jarvis, David
deBorde and Burt Barrett, Jr. Councilman Day explained that this
isn't just a city problem, but reduction of waste is a federal and
state mandate. He said he believes the uniform cart system will
contribute greatly to the island's beautification. He said he is
encouraged by the fact that the contract has been well thought out.
Councilman Day explained the resolution for application
for a grant for the water /sewer department (copy Attached) and
moved that the Resolution be adopted. The motion was seconded by
Councilman Locklear and received a favorable vote with no
opposition.
Former Councilmember Jean Davis, a late arrival at the
meeting, was recognized by Mayor Parker for her recent work on the
Planning Commission.
A letter from State Representative Kingston on the
subject of the ocean fishing pier was read. Mayor Parker commented
that he is still convinced that the best use of the one percent
option is road improvement, but if other projects are included,
them certainly Tybee's pier should be a priority on the list.
A Resolution honoring Tybee's volunteer fire department
on the occasion of its 60th birthday was read and unanimously
adopted and becomes a part of these minutes.
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Tybee Island, Georgia
February 13, 1992
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The second reading of Code Section 10 -1 -36 followed.
Councilman Locklear moved that it be tabled; there was no second.
Councilman Youmans moved, with second by Councilman Brown, that the
ordinance be adopted. Councilman Locklear said that he does not
strongly oppose the ordinance, but careful control should be kept
and a cap put on the number of free decals. Councilman Day
reinforced the idea of a cap. Councilman Solomon said he believes
the taxpayers don't want the decals wasted, and anyone abusing the
privilege should suffer. The ordinance passed by unanimous vote,
and a copy is attached to these minutes.
Councilman Brown said he promised Jack Burton, Recycling
Chairman, that he'd announce the arrival of a bin for plastics for
one weekend only at the Recycling Center.
Councilman Brown said that we need several small changes
in Title 10 of the Code, only a few words to bring it into line
with actual practice. He read, on First Reading, changes in Code
Sections 10 -1 -2; 10 -1 -7; 10 -1 -21; 10 -1 -24; 10 -1 -25; 10 -1 -32; 10 -1-
34; 10 -1 -38. Seconded Reading is scheduled for the March meeting.
Councilman Solomon seconded, with unanimous vote by council.
Councilman Brown moved that the City Council meet in
executive session to discuss real estate and pending litigation.
Harry & Rusty Moses presented a plan for developing a new
Post Office for the island. This would call for an agreement
between them, the city and the school board regarding the Tybee
School property. It was taken under advisement by the Council.
Mr. Mahoney explained the present status of the Steffes
suit, a zoning dispute involving property on Chatham Avenue. He
informed Council of an upcoming court date and said the city's
position is that voting on zoning is a discretionary act and that
the city officials did not abuse their discretion. He said the
opposition will try to get the city to admit that there was no good
reason to deny the petition.
The meeting was adjourned.
Mayor Walter W. Parker
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P R O C L A M A T I 0 N
ARTS ALIVE MONTH IN TYBEE ISLAND, GEORGIA
MARCH - 1992
WHEREAS: The study of art leads to a fuller, more meaningful life,
and
WHEREAS: The training and visual acuity gained through the art
experience open new worlds of seeing to all involved, and•
WHEREAS: The society our youth will be entering and shaping will
require.both physical and philosophical vision, and
WHEREAS: The problem solving and survival skills promoted through
art education are basic elements leading to creative
thinking, and
WHEREAS: The National Art Education Association in conjunction
with the Georgia Art Education Association is striving to
better the human condition by upgrading visual awareness
and the cultural strength of Georgia and the United
States as a whole, and
WHEREAS: The citizens of georgia have indicated a desire to join
with the National Art Education Association in supporting
the youth of our community in their artistic development.
I, MAYOR WALTER W. PARKER OF THE CITY OF TYBEE ISLAND, THEREFORE
PROCLAIM THE MONTH OF MARCH AS:
"ARTS ALIVE MONTH IN TYBEE ISLAND, GEORGIA"
By this action, let it be know that we feel art training is a basic
part of our educational system and that we hold the art programs in
our schools to be an essential and visual academic endeavor.
IT IS SO PROCLAIMED THIS 13TH DAY OF FEBRUARY, 1992.
Mayor Walter W. Parker
A
R E S O L U T I O N
WHEREAS, the City of Tybee Island is faced with leaking and
collapsing sanitary sewer lines in four (4) specific
city locations, and
WHEREAS, the city is faced with more than $78,000 in replacement
costs for this work, and
WHEREAS, the city has already replaced more than 19,000 feet of
this pipe in trying to remove this danger;
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED BY THE
MAYOR AND COUNCIL, that the City of Tybee Island implement
immediate measures to alleviate the threat to the health and
welfare of the community and its citizens by undertaking repairs to
the sanitary sewer lines, and
BE IT FURTHER RESOLVED that the city seek financial aid for repair
to these sewer lines by applying to the Georgia Department of
Community Affairs for a Community Development Block Grant under its
Immediate Threat and Danger program without delay.
THIS THIRTY -FIRST DAY OF JANUARY, 1992
alter W. Parker, Mayor
alter W. Parker, Mayor
J
Brown, Clerk of Council
City Council
Ik Youmans
iyor Pro Tempore
Jimmy Brown
C. Burke Day, Jr.
James P. Locklear
Christopher P. Solomon
C. Ansley Williams
Walter W. Parker
Mayor
CITY OF TYBEE ISLAND
401 Butler Avenue
P. O. Box 128
TYBEE ISLAND, GA. 31328 -0128
(912) 786-4573
FAX (912) 786 -5737
RESOLUTION
Rowena B. Fripp
City Administrator
Patricia B. Pagan
City Treasurer
Thomas J. Mahoney
City Attorney
Jacquelyn R. Brown
Clerk of Council
Mayor and Council of the City of Tybee Island, Chatham County,
Georgia, have duly adopted the resolution which authorizes Mayor
Walter Parker to file such application, including all
understandings and assurances, and including all subsequent actions
in connection with the applications, as will secure funding for
EMERGENCY SEWER REPAIRS, and to remove the health and safety threat
to the residents and visitors to this community.
Council
alter W. Parker, Mayor
_.�
• • IjL ,.r_I
Ro ena B. Fripp, City A.1 1 .
Date
sley Wil Tams
R
. Brown, Clerk
PROCLAMATION
WHEREAS, The City of Tybee Island takes great pride in its
volunteer firemen; and
WHEREAS, 1992 marks the 60th anniversary of the Tybee Island
Volunteer Fire Department; and
WHEREAS, This volunteer fire department has demonstrated its
dedication and abilities over and over again in the line of duty
during the past sixty years, thereby winning the affection and
appreciation of the citizens of the island;
NOW, THEREFORE, IN RECOGNITION OF THE INVALUABLE CONTRIBUTION
MADE TO OUR COMMUNITY BY THE TYBEE ISLAND FIRE DEPARTMENT AND ITS
VOLUNTEERS, BOTH PAST AND PRESENT, LIVING AND DEAD;
BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND
COUNCIL IN OPEN MEETING ASSEMBLED. that February 22, 1992, the
60th anniversary of the Tybee Island Volunteer Fire Department,
be set aside to honor the volunteers; and
BE IT FURTHER RESOLVED THAT the Mayor and Council, on behalf of
everyone in the community, offer their heartfelt thank -yous to
the members of the fire department for their many years of
faithful service to Tybee Island.
MAYOR
ORDINANCE #
AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE
OF ORDINANCES, Section 10 -1 -36 DECALS - SAME
PERIOD; CONDITION TO ISSUANCE.
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 10, Chapter 1 be amended by the addition of
Section 10 -1 -36 (b) to read as follows:
SECTION 10 -1 -36 (B) DECALS - SAME -- PERIOD CONDITION TO ISSUANCE
(b) The Mayor shall have the authority to grant courtesy decals to
persons whose automobiles are not registered in Tybee's taxing
district. The Clerk of Council shall maintain a list of those
individuals, and the issued decals' numbers, to whom the Mayor
grants courtesy decals.
ADOPTED THIS 151.4 DAY OF r..-% . , 1992.
WALTER W. PARKER, MAYOR
1st Reading: January 9, 1992
2nd Reading: o /f 3i 9 2.
all 3/9_..
Enacted:
A G R E E M E N T
STATE OF GEORGIA '^
111UNTY OF C ha i'f 1 a m
This Agreement made and entered into the Ig aay of Vet, • , 19V..between the GEORGIA
MUNICIPAL ASSOCIATION, Inc. ( "GMA ") and the CITY OF 12E E'
Georgia (the "City ").
WITNESSETH: That for the promises and consideration hereinafter set forth, GMA and
the City agree that:
1. GMA is authorized to, and will make the necessary investigations or take
such action as may be required in its judgment to collect unpaid,
escaped and delinquent privilege or occupational license taxes and fees
( "Taxes ") from corporations, firms or associations transacting insurance
business in the City, '. under the requirements . of the ordinance of said
City, and Georgia law.
2. The City shall not incur any expense or liability in connection with
such investigation and collection except as hereinafter set forth.
3. GMA, at its expense, will write all necessary letters and assume all
other expenses incurred in the collection of the Taxes, including legal
expenses. GMA is hereby authorized if it deems necessary, but not
obligated, to employ at its expense legal counsel and other persons.
The City agrees to cooperate with GMA in such action as may be
reasonably required to collect the Taxes.
4. In order to defray the cost of the investigation, legal expenses and
collection of the Taxes, GMA shall be entitled to 50% of all amounts of
such delinquent and escaped Taxes recovered and the remaining 50% shall
be remitted periodically to the City accompanied by itemized statements.
In the event that Taxes collected through the efforts of GMA are paid
directly to the City, GMA shall receive credit in accord with this
formula. GMA shall receive no compensation for Taxes collected in
subsequent years on payments received from billings by the City to
companies from which GMA has collected under this Agreement.
5. During the term of this Agreement, the City shall notify GMA of any
payments or compromise settlements received by the City of such
delinquent Taxes due from insurance corporations, firms or associations,
and forward any correspondence received in connection with such
delinquent Taxes to GMA for further investigation and handling; and
shall otherwise provide such information as may be reasonably necessary
for the collection efforts and requested by GMA.
6. This Agreement shall remain in full force and effect until terminated by
either party upon giving at least ninety (90) days notice in writing to
the other party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers and their seals affixed the day and year first above written.
IFEORGI � ICIPAL ASSOCIATION, Inc.
y
Its
CITY CFI- . eEE I LanD • , GEORGIA
By