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HomeMy Public PortalAbout19930513CCMeeting1 1 1 1993- 05 -13. City Council Minutes The Tybee Island City Council held its regularly monthly meeting on Thursday, May 13, 1993 at 7:30 P.M. in the City Hall Auditorium with Mayor Walter Parker presiding. The following members of Council were present: Christopher P. Solomon, Jack Youmans, James P. Locklear, C. Ansley Williams, C. Burke Day, and Jimmy Brown. City Attorney Edward Hughes was present to represent the City in all legal matters. Grable Page, Pastor of Trinity Methodist Chapel, gave the Invocation. Mayor Parker led the public in the Pledge of Allegiance. Ms. Linda Odum, a scheduled visitor before council, was not present. Reverend Page said that on May 6th, National Prayer Day, that over 200 people were present at City Hall for a Community Prayer Service. Reverend Page expressed views concerning the nudity ordinance and asked that the City uphold these ordinances. Reverend David Loftner, Pastor of the Baptist Church, said that the moral and spiritual values are at stake. He took strong exception with Kittens' Korners owners' statement about "the majority of Tybee Island favor nudity." Mayor Parker stated that the feeling of Council have been demonstrated by the action that has been taken against Kittens Korner. Mayor Parker said that he feels he is speaking for all of council. Councilman Youmans said that he was on Council when the ordinance was adopted and that at that time he asked the City Attorney if this ordinance was constitutional. Mr. Carl Thompson asked for an update on Orange Crush. Mayor Parker said that he thinks the police have it under control. There are 3 separate groups sponsoring different events. The disc jockey will leave North Beach at 4 P.M. in order to be in Savannah to set up for the evening event. Once parking is full in the allotted areas then no one else will be allowed in Fort Screven. Mr. Thompson then questioned the clean up. Mayor Parker said this is a one day event this year, have asked organizers to police the area for trash, volunteers from Savannah State to assist in the clean- up. Mr. Jim Sheley said to make sure we have port -a -lets, last year the dune areas were used as restrooms. He also stated that this is not a racial issue, would have the same problems if whites. Mayor Parker opened the Public Hearing on a petition from Mr. Donald Agnew for a minor subdivision at 1105 Bay Street. Mr. Agnew explained what he was requesting. Chairman Frankenhauser said that the Planning Commission recommended approval. There was no questions from Council. No one from the audience spoke for or against. Mayor Parker closed the hearing. Mayor Parker opened the Public Hearing on a petition from Mitch and Joyce Hendrix for a variance on the size of a lot in order to build a duplex. Mr. Hendrix requested of the City Administrator on 1 1 1 Monday, May 10, 1993 that his petition be postponed until the June Council meeting. Rusty Fleetwood asked what is the reason for putting off the vote. The Mayor asked Mr. Frankenhauser, Chairman of the Planning Commission to explain the request for the variance. Mr. Frankenhauser said that Mr. Hendrix is in a R -2 Zone and needs 6750 square feet in order to build a duplex. Mr. Hendrix has only 6600 square feet. No questions from Council. Mr. Rusty Fleetwood said that this petition needs to have the due process, he is against granting the variance, ordinance that allows variance requires a hardship to be shown, the request is in an established area and Mr. Hendrix does not have the area needed for a duplex. Mr. Bill Walsh stated that he is against the variance and feels that the request to delay should have come before Planning Commission. Mr. Walsh also said that more letters should be sent to property owners and that Mr. Hendrix should bear the expense and not the taxpayers of Tybee Island. The Planning Commission recommendation was unanimous to deny the variance. Mayor Parker closed the hearing. Mayor Parker opened the Public Hearing on a variance on Lot Reduction size petitioned by Mr. Allen Hendrix located in the Fort Screven area. Attorney Delano Maurice stated that Mr. Hendrix has owned the land since 1981 and should be able to use land for reasonable purpose. The intended use is for residential lots of 9,000 square feet. Attorney Maurice said that the Subdivision Ordinance of 1983 was adopted 2 years after Mr. Hendrix bought the property. This property were lots of record in 1971. Mr. Hendrix wants to reduce the number of lots from 29 to 27 or less. On the question of traffic and streets, many existing streets border the area. Planning Commission voted unanimously to deny the request. People speaking against the variance were the following: Mrs. Marion Dean, Michael Bernstein (handed in a petition signed by the neighbors in Fort Screven), James LaFavor, Jim Sheley, Dottie Kluttz, Jeanne Hutton. There was also 2 letters (Beth Hodges, Diane Deaton and David Collier) against the variance. Mr. Allen Hendrix spoke in favor of the variance. Councilman Day asked how many PIN #'s for tax purposes? Attorney Maurice said there are two parcels of land with each having a PIN # (one with 7 lots, 1 with 22 lots). Councilman Youmans said he has the same situation with his mothers' property on Isle of Hope (4 lots, one PIN #). Mayor Parker closed the public hearing. Mayor Parker opened the meeting for business legally presented to council. Councilman Brown moved to approve the request for a minor subdivision by Donald Agnew. Councilman Locklear seconded. Vote by Council unanimous. Mr. Mitch Hendrix variance request tabled until June meeting. Councilman Locklear moved to deny Mr. Allen Hendrix on his variance for lot reduction size in the Fort Screven area. Councilman Day seconded. Councilman Youmans said that there are 29 - 2 1 1 1 lots at the present time, some might be substandard and if we do not allow Mr. Hendrix to use land as he wishes then is the City of Tybee Island responsible for compensation? Councilman Youmans had a copy of a Supreme Court decision on property rights. Councilman Day stated that he understood the concept of property rights, but that Mr. Hendrix (1) knew the zoning when he purchased the land in 1981. Developing is a high risk business and that is why plans were asked for. (2) Day expressed concern of precedents. (3) Fort Screven historic area. Granting development diminishes quality of life and safety, might endanger public safety. Councilman Solomon said there are many substandard lots in the fort area and that 9000 square feet is adequate for a home. Councilman Williams said that he wished he was a partner of Mr. Hendrix, that the land is very valuable with 12,000 square feet lots. The vote by Council was 4 in favor of denial, 2 opposed (Youmans, Solomon). The Mayor said hearing no objection that the minutes of the April 8, 1993 council meeting stand approved. Bills for the month of April are as follows: General Government 54,759.69 Police 57,451.55 Fire 5,100.44 Public Works 37,146.55 Sanitation 22,174.89 Recreation 4,483.55 Lifeguards 855.76 Parking Services 7,384.63 Water 20,243.83 Sewer 28,713.29 Hearing no objection they stand approved as read. Mr. Paul Conners of MCI Communication presented Council with a proposal for the city to switch their long distance telephone service to MCI. Councilman Locklear said that he would like to sleep on the proposal before making any decisions. The other councilmembers agreed with Locklear. Councilman Locklear moved to accept Mr. Carl Qualls bid for the extension of the 10th Dune Crossover. Councilman Williams seconded. After much discussion between council members Councilman Locklear withdrew his motion until after the referendum on June 15th. Councilman Youmans moved to waive the $200.00 deposit for the Army to use North Beach for a party for about 200 people on May 29, 1993. Councilman Brown seconded. Vote by Council was unanimous. Councilman Williams moved to accept the high bid for the North Beach Concession Stand submitted by Terri and Jeff Yates of Beach Creams. Councilman Day seconded. Councilman Locklear said he would like to see a local get the concession stand. Vote was 5 in favor, 1 opposed (Locklear). 3 1 1 Copies of the New School Agreement were handed out to the Council, the agreement is in the hands of the School Board at the present time. Councilman Youmans moved to accept the estimate amount of $114,000.00 for the repairs at the Waste Water Treatment Plant, and this expense will be included in the future Bond Issue. Councilman Locklear seconded. Vote by Council was unanimous. The traffic light easement will be worked out by the City Administrator and the City Attorney at a Monday meeting. A letter from the Board of Elections of Chatham County was read concerning the need for another polling location on Tybee Island. The Community House has been offered as the second polling place. Councilman Brown moved to adopt a Resolution on the Multi - Jurisdictional Comprehensive Solid Waste Management Plan for Chatham County. Councilman Day seconded. Vote by Council was unanimous. Councilman Williams moved to adopt a Resolution on the Unfunded Federal Mandates, Councilman Brown seconded. Vote was unanimous by Council. Mayor Parker read two Proclamations honoring Nursing Home Week and National Management Association. Councilman Brown made a motion to accept Section 8- 4 -32(d) Off Street Parking Commercial on its second reading. Councilman Locklear seconded. Vote by Council was unanimous. Councilman Locklear moved to accept Section 11 -2 -2 Complaint of Nuisance: Hearing for a First reading. Councilman Day seconded. After much discussion by Council it was agreed upon to table this Ordinance. As there was no further business, Mayor Parker aadjourned the meeting. ayor Walte W. Parker Clerk of Council 1 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYBEE ISLAND (WATER AND SEWER SYSTEM CAPITAL IMPROVEMENT PROJECT - REIMBURSEMENT RESOLUTION) WHEREAS, the City Council of the City of Tybee Island (the "City ") has previously determined and hereby determines that the acquisition, construction and renovation of capital improvements to its existing water and sewer system (the "Project "), is necessary and desirable; and WHEREAS, prior to the issuance of any bonds to finance all or a portion of the costs of the Project, the City reasonably expects to expend funds on the Project, which funds may be reimbursed from bond proceeds; and WHEREAS, this resolution is adopted by the City for the purpose of declaring an official intent to reimburse expenditures from bond proceeds and to designate its Mayor to make any required declarations of official intent which may be hereafter required with regard to the Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tybee Island as follows: 1. The City reasonably expects to reimburse planned expenditures for the Project with proceeds of a tax - exempt financing. 2. The City hereby expresses its declaration of official intent pursuant to Treasury Regulations, Section 1.103 -18 to reimburse expenditures made on the Project from the proceeds of such tax - exempt borrowing. The maximum principal amount of such financing is expected to be $4,000,000. 3. The Mayor of the City, with the advice of counsel, is hereby authorized, directed and designated to act on behalf of the City for the purpose of determining and itemizing all capital expenditures for which the City reasonably expects to reimburse itself in connection with the acquisition, construction and renovation of the Project. 4. The City reasonably expects that any bonds or other evidences of indebtedness for the Project will be executed and delivered within one year from the later of (i) the expenditure or payment for costs of the Project or (ii) the placing of the Project in service. 5. This resolution shall become effective on the date of its adoption. 1 1 1 APPROVED AND ADOPTED this 13th day of May, 1993. CITY OF TYBEE ISLAND BY: - 2 - CLERK'S CERTIFICATE Now comes the undersigned Clerk of the City of Tybee Island (the "City "), keeper of the records and seal thereof, and certifies that the foregoing is a true and correct copy of a resolution approved and adopted by the City in public meeting properly and lawfully held and assembled on May 13, 1993, the original of which resolution has been entered in the official records of the City under my supervision and is in my official possession, custody and control. I :\W P Fl LE\PAT\B 0 N D S\TYB E E\R EI M B U RS.R ES 1 erkj Cit of Tybee Island R E S O L U T I O N WHEREAS, the City of Tybee Island, Georgia, is included in the Multi- Jurisdictional Comprehensive Solid Waste Management Plan for Chatham County, Georgia; and WHEREAS, the Coastal Georgia Regional Development Center has reviewed the Multi - Jurisdictional Comprehensive Solid Waste Management Plan for Chatham County, Georgia and has found that the City of Tybee Island was included and was in compliance with the Minimum Planning Standards and Procedures for Solid Waste Management; and WHEREAS, the Georgia Department of Community Affairs has completed its review of the Multi - Jurisdictional Comprehensive Solid Waste Management Plan for Chatham County, Georgia and has found that the City of Tybee Island was included and was in compliance with the Minimum Planning Standards and Procedures for Solid Waste Management; and WHEREAS, the Georgia Department of Community Affairs has approved the Solid Waste Management Plan submitted by the City of Tybee Island and has informed the City that it can adopt the plan; and NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Tybee Island, in open meeting, do hereby officially adopt their Comprehensive Solid Waste Management Plan, and BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Chatham County- Savannah Metropolitan Planning Commission and to the Coastal Georgia Regional, Development Center. Attest: ADOPTED THIS 13TH DAY OF MAY, 1993. Mayor Walter W. Parker 1 1 RESOLUTION WHEREAS, unfunded federal mandates on state and Local governments have become increasingly extensive and expensive in recent years; and WHEREAS, in many instances such mandates have undermined the abilities of local governments to achieve their responsibilities under state and local laws and ordinances; and WHEREAS, Congressman Gary A. Condit (D -CA) has introduced H.R. 140, the Federal Mandate Relief Act of 1993; and WHEREAS, This legislation would assure that the federal government pays the total amount of direct costs incurred by state and local governments in complying with certain requirements which take effect on or after the date of enactment of the Act under a Federal statute or regulation; and WHEREAS, This legislation would provide that any requirement under a federal statute or regulation that a state or local government conduct an activity (including a requirement that a government meet national standards in providing a service) shall apply to the government only if all funds necessary to pay the direct costs incurred are provided by the Federal Government. NOW THEREFORE BE IT RESOLVED THAT THE MAYOR AND. COUNCIL OF THE CITY OF TYBEE ISLAND SUPPORTS H.R. 140 AND GOES ON RECORD AS ENDORSING THIS BILL AS INTRODUCED; AND BE IT FURTHER RESOLVED THAT THE CITY REQUESTS IMMEDIATE PASSAGE OF THIS LEGISLATION. MAYOR THIS 13TH DAY OF MAY, 1993. CLERK OF COUNCI 1 P R O C L A M A T I O N WHEREAS: The Tybee Island Community is blessed with two nursing homes which provide a much - needed service to the citizens of our community who reside there; and WHEREAS: WHEREAS: The nursing homes serving this community are Oceanside and Savannah Beach Nursing Homes; and These nursing homes provide their residents with recreational and other activities such as a picnic for all the nursing homes and their residents during Nursing Home Week. NOW, THEREFORE, I, Walter W. Parker, Mayor of the City of Tybee Island, in recognition of the nursing homes in our community and the citizens of our community who reside there, do hereby proclaim the week of May 3 through 7, 1993 as: "NURSING HOME RESIDENTS WEEK" on Tybee Island, and urge all citizens to be mindful of the contributions of our nursing homes and their residents. This 6th day of May, 1993. Mayor Walter W. Parker 'tom-' ,: • _, ip lerk,o Council 1 PROCLAMATION WHEREAS, The National Management Association, joining with 27 co- sponsoring organizations, has established Management Week in America, a special time to recognize the profession of management and to appreciate the contribution of the millions of American managers to the American Competitive Enterprise System; and WHEREAS, The Gulfstream Management Association, a member of the National Management Association with over five hundred local members, shares the goal of advocating sound leadership and management practices on behalf of the broad spectrum of businesses, industries and public sector organizations; and WHEREAS, the Gulfstream Management Association devotes itself to the success of our American free enterprise system, using the talents and energies of their membership to ensure the smooth operation of business, and to maintain high levels of productivity; and WHEREAS, the City of Tybee Island is proud to recognize that the Gulfstream Management Association is the first local chapter of the National Management Association; making significant contributions to the improvement of leadership and management and the promotion of business in our area; and, WHEREAS, the Gulfstream Management Association also contributes greatly to the opportunities for the youth of our community by sponsoring many valuable career and educational incentive projects throughout our school system and community; NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, IN RECOGNITION AND SUPPORT OF THE VALUABLE SERVICES PROVIDED TO ALL CITIZENS BY THE NATIONAL MANAGEMENT ASSOCIATION AND ITS CHAPTERS, DO HEREBY PROCLAIM JUNE 1 - 4, 1993 AS NATIONAL MANAGEMENT WEEK IN TYBEE ISLAND, GEORGIA, AND URGE ALL CITIZENS TO JOIN THE GULFSTREAM MANAGEMENT ASSOCIATION IN PARTICIPATING IN THIS 15TH ANNUAL CELEBRATION OF MANAGEMENT WEEK IN AMERICA. THIS 2ND DAY OF JUNE, 1993. MAYOR CLERK OF COUNC 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) /*¢4 THIS AGREEMENT made and entered into this day of May, 1993, by and among CHATHAM COUNTY, a political subdivision of the State of Georgia, hereinafter referred to as "County "; THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, a municipal corporation chartered under the laws of the State of Georgia, hereinafter referred to. as "Savannah "; and CITY OF TYBEE ISLAND, a municipal corporation chartered under the laws of the State of Georgia, hereinafter referred to as "Tybee." W I T N E S S E T H: WHEREAS, the Constitution of the State of Georgia of 1983 in Article IX, Section III, Paragraph 1, "Intergovernmental Contracts," provides in part that counties and municipalities of the State of Georgia may contract with one another for the provision of services for any period not exceeding fifty (50) years; and, WHEREAS, under the authority of O.C.G.A. § 48 -8 -110 et seq., the Board of Commissioners of Chatham County ( "Commission ") has the authority to call for a referendum approval within the County of a special sales and use tax for a limited period of time to be at the rate of one percent; and, WHEREAS, the Commission, having voted to seek a special purpose County sales and use tax, passed a resolution on May 7, 1993, calling for the imposition of such for the benefit of the citizens of the entire County; and, 1 1 WHEREAS, some of the purposes outlined in said resolution are for drainage projects consisting of capital outlay projects which will serve to improve drainage for major problem areas throughout the County and to provide community improvements, authorized under law through an interlocal agreement and based on a projected amount of total funds of Nine Million Three Hundred Thousand Dollars ($9,300,000) to be shared by all municipalities and the unincorporated area; and WHEREAS, under the terms of the resolution adopted by the Commission, it is provided that on June 15, 1993, an election will be held throughout the County for all qualified voters to determine whether or not a special purpose County sales and use tax will be imposed; and WHEREAS, at said election, if more than one -half of the votes are in favor of the imposition of said tax, the tax shall be imposed for all purposes stated beginning October 1, 1993. Otherwise, the tax shall not be imposed; and this agreement shall be null and void as of June 16, 1993; and WHEREAS, O.C.G.A. § 48- 8- 111(a)(1)(d) provides that proceeds imposed and realized from imposition of a one percent sales tax may be used for a capital outlay project or projects, to be owned or operated or both either by the County, one or more municipalities or any combination thereof, with respect to which the County has, prior to the call of the election, entered into a contract or agreement as authorized by Article IX, Section III, of the Constitution, with one or more municipalities in the 2 1 1 County which municipality or municipalities contain more than one -half of the aggregate population of all municipalities within the County; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the County shall be included; and, WHEREAS, Savannah contains more than one -half of the aggregate population of all municipalities within the County; and, WHEREAS, the County, Savannah and Tybee wish to enter this agreement to provide for the use of certain of the proceeds of the one percent sales tax to be imposed and collected after September 30, 1993, for the purpose of the capital outlay project or projects to be known as the upgrading of drainage systems and recreational and utility facilities within Tybee; and, WHEREAS, Tybee agrees to comply with all provisions of O.C.G.A. § 48 -8 -110 et seq. for the use of sales tax proceeds, including the required schedule for annual audit and a prohibition against commingling of funds; and, WHEREAS, it is in the best interest of the citizens of the County and the municipalities executing this agreement that this agreement be consummated and that such commitments be made. NOW THEREFORE, for and in consideration of the mutual covenants hereby made, the parties do hereby agree as follows: 1. The County agrees that it will transfer to Tybee the sum of Three Hundred Fifty -five Thousand Nine Hundred Sixty -two 3 1 Dollars ($355,962), one -half of said funds to be disbursed in April 1994 with the remaining funds disbursed in January 1995, to be used by Tybee for a capital outlay project or projects consisting of drainage improvements and recreational and utility facilities within the corporate limits of Tybee. Disbursements are subject to funds being received from the Department of Revenue. 2. Tybee agrees that it will own and operate all the drainage improvements and the capital outlay projects within the corporate limits of Tybee. 3. Savannah joins in this agreement as the municipality in the County which contains more than one -half of the aggregate population of all municipalities within the County, and Savannah will receive no funds under this agreement for any purpose nor will Savannah have any obligation for the management, operation or ownership of said capital outlay projects. 4. Upon the County transferring said funds to Tybee, the County shall have no responsibility for the ownership, operation or construction of any of said capital outlay projects within the corporate limits of Tybee. 5. Tybee agrees that the project or projects involving drainage, recreation and utilities within its corporate limits will consist of a capital outlay project or projects and will be for the purpose of improving the drainage, recreation and utilities for the citizens of Tybee. 4 1 6. This agreement among the County, Savannah and Tybee shall be the entire agreement among the parties; and no party hereto may transfer or assign in whole or in part any part or portion of this agreement. IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year first above written. ATTEST: ATTEST: ATTEST: CHATHAM COUNTY CITY OF SAVANNAH at,co€6;?-z, Arthur A. Mendonsa City Manager Cle / //i Dyan C. Rees of Council CITY OF TYBEE ISLAND ter W. Parker Mayor 5 Q.(b)1/3-EA_TIJ cqu)yn R. J Brown erk of Council