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.
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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'
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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.
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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.
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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.
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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
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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
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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
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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
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Poll taken by Jackie Brown
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Joy