Loading...
HomeMy Public PortalAbout19920213CCMeeting1 1 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. 1 1 1 Tybee Island, Georgia February 13, 1992 Page 2 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. 1 1 1 Tybee Island, Georgia February 13, 1992 Page 3 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. 1 1 Tybee Island, Georgia February 13, 1992 Page 4 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 1 1 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