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HomeMy Public PortalAbout19920709CCMeeting1 Tybee Island, Georgia July 9, 1992 The Tybee Island City Council held its regular monthly meeting on July 9, 1992 at 7:30 p.m. in the City Hall Auditorium, with Mayor Walter W. Parker presiding. Present were Councilmen Jimmy Brown, C. Burke Day, Jr., Ansley Williams, Jack Youmans, Chris Solomon and Patrick Locklear. City Attorney Thomas J. Mahoney, Jr. was also present. Brandon Bell, a seven - year -old, was recognized by Mayor Parker as the person who was largely responsible for saving a drowning victim near the marina on back river. Hank Buckley, leader of the First Responders, recounted the incident. Mayor Parker presented the youngster with a framed certificate, and there was a standing ovation. Visitors were: 1) Tom Taggart, candidate for Superior Court Judge; 2) Tom Hussey, speaking for Joe Mahany, candidate for Chairman of the Chatham County Commission; 3) Patrick Shay, who gave an update on the Maritime Festival Plans, including the Tybrisa Roaring 20s Ball scheduled for September 11th. He also announced his candidacy for the 3rd District seat on the County Commission; 4) Charlotte McMillion, President of the Tybee Beautification Association spoke of the group's total support of the proposed tree ordinance; 5) Tina Chatti spoke in favor of a tree ordinance provided it is better explained, with changes to protect small homeowners; 6) Jo Brown of Sights and Sounds on 16th Street presented a petition in favor of keeping the street open; 7) Tom Burns presented a compromise petition with names of those who support one -lane traffic on Friday and Saturday nights. It was noticed that many of the people signed both petitions. After a lengthy discussion, Mayor Parker appointed a committee of Councilmen Jimmy Brown, Ansley Williams and Jack Youmans to come up with a recommendation. 8) John Jarvis spoke in favor of opening 16th Street to traffic. 9) Dick Magune said the 4th of July fireworks were the best in years. Councilman Williams said thanks are due to the Chamber of Commerce, the Tybee Merchants Association and the Ocean Plaza who funded the event. 1 1 1 Page Two July 9, 1992 Mayor Parker opened the Public Hearings. He invited public comment on the first, saying that the 10' uniform setback is awaiting a report from the Planning Commission, where it was tabled for further study. Burt Barrett, Jr. spoke for the Planning Commission, saying there have been too many quick changes in the past without proper consideration of all situations and asking for time to do the job right. Gloria Hayman spoke in support of his remarks, saying that green space, ecology, density, infrastructure impact all need to be considered. Councilman Day, in response to a question, stated that Tybee's water /sewer can accommodate about 700 more homes. The petition of James Robinson for 125 South Campbell Avenue was heard next. Mr. Robinson explained that he had purchased the property some years ago, and that he wants to put a single family permanent home there which will be occupied by his daughter. Planning Commission postponed action saying they had questions about the plat which was prepared in 1982. Burt Barrett, Jr. spoke to say that his firm has prepared an up -to- date plat since the Planning Commission met. It was reported that DNR inspected the property in 1991 and Ms. Douglas said today by telephone that they have no objection to construction on the streetside of the bulkhead. There were no visitors present to speak for or against the petition. Raymond O'Neil spoke for his petition to add a deck to his house at #3 Bryan Street. He said a deck is a normal architectural feature of most residences in his neighborhood and that it is a hardship that his family is denied what is common to most houses on Tybee. It was noted that the Planning Commission voted unanimously to deny; the reason may have been that the right of way of the street is 40 feet rather than the usual 60 feet width for most city streets. The meeting was opened for business legally presented and the public hearing for 10' uniform setbacks was first discussed with Councilman Brown moving to grant the Planning Commission extra time for study provided Council is given an update at the next agenda meeting. Councilman Williams seconded. The vote was unanimous in favor of the motion. Councilman Youmans moved, and Councilman Williams seconded the motion, that the petition for a 10' front and 2' 1 1 1 July 9, 1992 Page Three side yard variance for 125 South Campbell be granted, noting that this is exactly what was granted to the neighboring property a year or two ago. The vote was 5 - 1 with Councilman Brown dissenting due to having talked with neighbors who believed no vote would be taken at this meeting. Regarding the petition for #3 Bryan Street, Councilman Youmans moved to deny, and Councilman Brown seconded. The reason for denial was that the 10' uniform setback ordinance would eliminate the need for the variance, and might be decided by next month. This motion was later withdrawn, after discussion, in favor of a motion to table action until the next meeting made by Councilman Williams and seconded by Councilman Solomon. The City Attorney noted for the record that the criteria for zoning in Code Section 8 -4 -72 had been placed on the table in front of each member for their consideration as the zoning matters were discussed and decided. Councilman Youmans moved that 16th Street closing be denied except for special events. Councilman Brown seconded. Councilman Day remarked that a baby isn't born in two months, and an effort at compromise has been made by Tom Burns. Councilman Youmans said the Council needs to consider the actual business people who are affected and called for the question. The vote was 3 for the motion to deny (Councilmen Brown, Youmans, Solomon) and 1 against (Councilman Locklear) and 2 abstaining (Councilmen Williams and Day). Councilman Solomon then moved that the compromise suggested by Tom Burns be allowed as a special event for this upcoming weekend only (July 10 & 11) and Councilman Locklear seconded. Councilman Day advised the group that a consensus among the merchants would help the City Council a lot.. Councilman Williams concurred, saying that there is a clear parallel with the beginnings of River Street, and warning that it is extremely important to communicate sufficiently to solve internal problems within the merchant group, presenting a united front when they approaching the City Council for permits. The vote was 5 - 1 with Councilman Youmans dissenting. The following correspondence was read: 1) From Boy Scouts of America, dated 6/22/92, commending Councilman Locklear for his work as a Scoutmaster; 2) From Ann Carroll, dated 6/30/92, commending City on protection given citizens during Orange Crush weekend; and 3) a letter from DNR /EPD informing the city that Governor Miller has granted us $7,500 from his dis- cretionary fund to help defray expenses incurred in sewer repairs. 1 1 July 9, 1992 Page Four Mr. Mahoney acknowledged receipt of a lawsuit seeking to recover past taxes which he said should not be discussed in open meeting except to say that he advises Council not to voluntarily refund taxes. He said no official action on this case is necessary. He also acknowledged receipt of an ante litem notice dated 6/22/92, regarding Richard Coleman who was hurt at Battery Brumby. Mr. Mahoney advised Council that the claim be denied and forwarded to the insurance company for handling although the city probably isn't responsible since the Tybee Historical Society carries liability coverage for the museum. It was noted that the city's agent will request that the city be carried as an additional insured on the historical society's policy in future. Councilman Youmans moved to deny, Councilman Day seconded and the vote was unanimous. Bills were approved as follows: General Government: $22,322.67 Police: $15,882.47 Parking: $1,208.79 Recreation: $2,698.39 Lifeguards: $665.64 Fire: $18,266.15 First Response: $377.00 Public Works: $16,331.14 Sanitation: $23,303.37 Water /Sewer: $18,393.64 There was a discussion of a request by the residents of 17th Place for the street to be a one -way street going east from Butler Avenue. Councilman Day initiated, and Councilman Locklear seconded, a motion to approve the request. The vote was 3 for (Councilmen Day, Locklear and Williams) and 3 against (Councilmen Youmans, Brown and Solomon). Mayor Parker voted in favor of the motion, which carried. An ordinance deleting Code Section 8- 4- 31(k), footnotes two & three passed on second reading, with Mayor Parker casting the deciding vote. A motion to deny was made by Councilman Solomon, seconded by Councilman Youmans. Voting with them was Councilman Brown. Voting against the motion to deny were Councilmen Locklear, Day and Williams. The companion ordinance, Code Section 8 -4 -62 (d) and (e) passed for the second reading on motion of Councilman Locklear, seconded by Councilman Day. Voting against the motion were Councilmen Brown, Solomon and Youmans. Voting for the motion were Councilmen Williams, Day and Locklear, with Mayor Parker joining them to break the tie vote. These two ordinances are attached to, and become a part of, these minutes. 1 1 July 9, 1992 Page Five The second reading of Code Section 6- 3- 1(b)(c) Water Rates was unanimously adopted on motion of Councilman Locklear, seconded by Councilman Day. A copy of this ordinance is attached to, and becomes a part of, these minutes. The "tree ordinance" was tabled until the next meeting so that a meeting can be scheduled with the ordinance's author, Rusty Fleetwood, for an in -depth discussion and explanation. The motion to table was made by Councilman Williams, seconded by Councilman Locklear, and unanimously adopted. Code Section 2- 4- 13B(7)Extended Sick Leave was unanimously accepted on First Reading on motion of Councilman Locklear, seconded and amended by Councilman Youmans to delete the reference to the City Administrator. It was noted for the record that EEOC does not recognize discretionary powers of Council to approve or deny benefits - that to approve one and deny another this "discretionary" leave unless for a reason solidly based on written personnel policy would go against the federal guidelines. Code Section 2- 4- 13A(5) Donation of Vacation Time was accepted unanimously on First Reading on motion of Councilma n Locklear, seconded by Councilman Day. Code Section 8- 4- 31(a)(1) Single Family Dwelling was accepted on First Reading, with Councilman Brown abstaining. The motion was made by Councilman Locklear, Councilman Day seconded, and the vote was 4 - 1, with Councilman Williams casting the dissenting vote. The Property Maintenance Ordinance, Code Sections 5 -3 -1 through 5 -3 -5, was presented on First Reading. Councilman Youmans moved against accepting this ordinance, with Councilman Brown seconding. Voting in favor of the motion were Councilmen Youmans, Solomon and Brown. Voting against the motion were Councilmen Locklear, Williams and Day. Mayor Parker cast the deciding vote against the motion and in favor of the ordinance which was accepted on First Reading. Code Section 5- 2 -23(c) Refuse Containers was, at the suggestion of the DPW Chairman Ansley Williams, returned to committee for work. 1 1 July 9, 1992 Page Six Councilman Solomon said the numbering of houses is a serious problem on the island and there was a discussion of the idea of getting together a citizen committee to help the City Marshal with this problem. Code Section 4 -4 -30 relating to animal and dog waste was read. Councilman Locklear moved for adoption, and Councilman Day seconded. The vote was 2 - 4 with. Councilmen Solomon, Youmans, Brown and Williams voting against. Because the ordinance failed, a companion ordinance, Code Section 4 -4 -33, was not read. Councilman Williams asked that a date be set for a meeting on the tree ordinance and was told that the City Clerk will set up the meeting. The meeting was adjourned. LERK OF COUNCIL MAYOR 1 1 Ordinance # I G Q a- IA Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting Assembled, that Title 8, Chapter 4, Section 31 (K) ** and * ** of the Tybee Island Code of Ordinances be deleted in its entirety. Section 8 -4 -31 (K) ** and * ** Schedule of Residential District Dimensional Requirements ** Where a rear yard abuts a side yard of an adjacent lot, add one foot to the rear for each one foot above thirty -five (35) feet in height. * ** Add one foot to the side yard for each one foot above thirty - five (35) feet in height. Adopted this Cita day ofq Q,( , 1992. alter W. Parker, Mayor 1 1 Ordinance # l g q a, Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting Assembled that a new paragraph be added to Title 8, Chapter 4, Section 62 D and that the present D be Number E Conditions for Variances to read as follows: Section 8 -4 -62 D Conditions for Variances D.) For residential height variances the petitioner shall be required to add to each side yard one foot set back for each one foot above thirty -five (35ft) in height and have safe -guard consisting of Sprinkler Systems, Smoke Detectors and any other Fire Protection equipment deemed necessary at the time by Mayor and Council. Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add one foot (1) to the rear setback for each foot above the thirty -five feet height, and have safe guards consisting of Sprinkler Systems, Smoke Detectors, and any other Fire Protection deemed necessary at the time by Mayor and Council. Section 8 -4 -62 E E.) In exercising the above powers, whether for recommendation or decision, the petition for variance may be modified, affirmed or denied, in whole or in part. Adopted this QT' day of alter W. Parker, Mayor , 1992 1 1 1 Ordinance # Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that Title 6, Chapter 3, Section 1 (b) and (c) be deleted in its entirety and be replaced with the following paragraphs to be titled and numbered the same to read as follows: Sec. 6 -3 -1 (b) Water and Sewerage charges. (b) The rates for all water -sewer service customers shall have a minimum base charge and said minimum base charge shall be considered a set standard or readiness to serve charge and will be charged whether the premises are occupied or not. The standby minimum base charge, per residential unit, shall be ten dollars and sixty cents ($10.60) per month, of which three dollars and seventy ($3.70) is for water service and six dollars and ninety cents ($6.90) per month is for sewer service. The standby minimum base charge for commercial customers shall be thirteen and sixty ($13.60) per month, of which four dollars and seventy cents ($4.70) is for water service and eight dollars and ninety cents ($8.90) per month is for sewer service. Commercial users licensed for hotels, motels, apartment houses, campgrounds and nursing homes shall pay a monthly base charge of six dollars ($6.00) per unit, of which three dollars ($3.00) is for water service and the remaining three dollars ($3.00) is for sewer service. In cases of abandoned or unoccupied houses, the readiness to serve charge will continue until the meter is removed by the City, at which time the charge will be discontinued. Sec. 6 -3 -1 (c) Water and Sewerage charges. (c) The rate charges for water -sewer service shall be determined by the amount of water used and these charges shall be as follows: Residential Commercial Water, per thousand (1,000) gallons $0.65 $0.65 Sewer, per thousand (1,000) gallons $1.00 $1.00 Jlfu op\ ()-t, 191„At, I() w?, R3JUL&nD m a.►.tor Poll of Council June 19, 1992 Subject: Nick Alexander Professional Bondman Business License. Do you approve or disapprove the issuance of this Business License? Jimmy Brown Burke Day Ansley Williams 6451424.467 c9_13 pLa_,`. JOY Pat Locklear Chris Solomon ,cy-__ a.4 (Z�- Jack Youmans 1 Poll taken by Jackie Brown 1 Joy