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HomeMy Public PortalAbout19940414CCMeeting1 1 1 1994- 04 -14. City Council Meeting Mayor James P. Locklear called the meeting to order. The following members of Council were present: Katrina Hughes, Jack Youmans, William Remeta, Philip O'Dell, Burke Day, and Paul Jackson. City Attorney Edward Hughes was present to represent the city on legal matters. Mayor Locklear requested that Councilmember Day give the Invocation followed by the Pledge of Allegiance. Mayor Locklear asked that Jerry Hogan come forward and accept the Proclamation awarded him last month by the Council for being the Grand Marshal of the Saint Patrick's Day parade. Mr. Hogan thanked the city and the citizens of Tybee saying that there was an article in the Savannah paper with the history of the Hogan's. Jerry said that he was once a lifeguard for Tybee, drove the train once, worked once at the DeSoto, and had the honor of working as a policeman under the late Chief D. A. McCutchen. Mr. Hogan said that Tybee is always in his heart, the sand still in his shoes, and he plans to spend a lot of time here this summer. Representative Eric Johnson gave a report on the legislation passed this session, and said that he announced today that he is running for the State Senate position held by Senator Tom Coleman, who is retiring from public office at the end of his term. Representative Johnson stated he has enjoyed working with Tybee, that they have a great staff. Councilmember Remeta requested that Representative check on the stop light at Highway 80 and Campbell one last time. Mr. Ernie Friedman of #9 10th Street asked that the crossover on the beach at 10th Street be extended over the new dunes in order to reach the beach. Mr. Friedman stated that this crossover was one of the first constructed and that the dunes have built up. Mr. Friedman requested that Council please carry through with what you said last year after the renourishment from the Savannah River. Councilmember Youmans said that the new renourishment project of 4.1 million approved by the State of Georgia is a entirely different project. Mr. Friedman said the crossover would not interfere with the pipes and that the renourishment is not the issue. Mr. Harry Spirides asked permission to hold Armed Forces Volleyball between 14th and 15th on the beach. This would mean 4 or 5 temporary sites in front of the Ocean Plaza. Councilmember Day questioned security and the estimated crowd. Mr. Spirides answered between 400 to 500 people and that he would provide the security. Councilmember Youmans asked Mr. Spirides if he had checked on the tides? 1 1 Linda Odom, Chamber of Commerce, requested that the Beach Music be allowed to use the beach between Spanky's and the DeSoto because the area that is usually used is up for sale. Mayor Locklear asked if she needed the answer tonight? Mrs. Odom said yes because of advertisement they need to know by May 1, 1994. Councilmember Youmans said that you nor the city can block oft an area of the beach. Mrs Odom said the only time it would be blocked off is during the band performances. Mrs. Dottie Kluttz asked about the clean up.Mrs Odom answered that the Chamber has always cleaned up and that this matter was addressed at a previous meeting. Councilmember Day asked if the Chamber will provide security? Mrs. Odom answered yes, paid out of operation budget. Mallory Pearce, Environmental Committee Co- Chairman, gave a report on the last meeting. The goals are to help write ordinances, establish educational programs, and help with the quality of life on the island. Mr. Pearce introduced Chris Schubert co -chair of the committee. Councilmember Remeta asked what effect the dredging in front of Little Tybee will have on the island. Mr. Schubert said that sand will come from elsewhere to stabilize that area. It was announced that Beach Sweep is April 23rd starting in Memorial Park at 10 A.M. Also Rachel Perkins of the 4 -H Camp and Mallory Pearce will have a Marsh Walk at 2 P.M. on April 24. Mrs. Hettie Woodard thanked Council for allowing her to speak to them tonight. Mrs. Woodard tried to explain that she was the mother of Timothy Woodard who was shot and killed last May during Orange Crush. Mrs. Tea Woodard, daughter -in -law, spoke for Mrs. Woodard stating that the man has not been apprehended and that he might return again this year. Councilmember Day asked his wife and family to come forward and meet him at the podium. At this time Councilmember Day announced that he plans to run for the representative seat vacated by Eric Johnson. Burke stated that he moved to Tybee to lay back and enjoy life by getting away from politics, ended up on Council, and now plans to move on and represent Tybee in a bigger and better way. Mayor Locklear opened the Public Hearing on a minor subdivision request made by Mr. Tommy Clark, 404 Butler Avenue, PIN# 4- 4- 20 -1a. No questions from Council. No one from public spoke for or against. Planning Commission recommended approval. Mayor Locklear closed the public hearing. Mayor Locklear opened the Public Hearing on Ordinance Sections 8 -4 -29 through 8 -4 -34 Signs for its first reading. Mr. Steve Turner, member of the sign committee that formed this ordinance, explained the ordinance. By having a sign review committee it would take a load off the Councilmembers. Persons speaking in favor of the proposed sign ordinance are as follows: Brian Malins, Kathryn Williams, Michael Elliott, Jeanne Hutton, and Richard Vernon. 1 Mayor James P. Locklear opened the meeting for business legally present. Councilmember Youmans questioned why the Bed and Breakfast was not on the agenda. Zoning Administrator Angela Byers explained that they only turned in a sketch plan to Planning Commission. Councilmember Day moved to accept extending the dune crossover on 10th Street. Councilmember Jackson seconded. Vote by Council was 4 in favor (Hughes, Remeta, Day, Jackson); 2 opposed (Youmans, O'Dell). Councilmember Jackson moved to approve the Armed Forces Beach Volleyball. Councilmember Remeta seconded. Vote by Council was 4 in favor (Hughes, Remeta, Day, Jackson); 2 opposed (O'Dell, Youmans). Councilmember Remeta moved to deny request for Beach Music to be held on the beach. Councilmember O'Dell seconded. Vote by Council 4 in favor (Remeta, Youmans, Day, O'Dell); 2 opposed (Hughes, Jackson). Councilmember Day moved to approve the minor subdivision request made by Tommy Clark. Councilmember Remeta seconded. Vote by Council was unanimous. (RECORDED BOOK #135, PAGE 99, CHATHAM COUNTY COURTHOUSE) Councilmember Jackson moved to adopt Section 8 -4 -29 through 8 -4 -34 Signs as presented. Councilmember Hughes seconded. Councilmember Day moved to amend by moving to have 7 members on the sign review committee, instead of the 3 in the ordinance. Councilmember Hughes said she had no problem with the amendment change. Vote on the amendment was 5 in favor (Hughes, Remeta, O'Dell, Day, Jackson); 1 opposed (Youmans). Vote on the original motion was 3 in favor (Hughes, Day Jackson); 3 opposed (Youmans, Remeta, O'Dell). Mayor Locklear broke the tie by voting in favor of the ordinance. Second reading will be held at the May meeting. Councilmember Youmans made a motion for no moratorium on signs. Councilmember O'Dell seconded. Voting in favor of no moratorium on signs were Youmans and O'Dell. Opposed (Hughes, Remeta, Day, Jackson). City Administrator Fripp stated that U.S. Development's petition for a major subdivision has been tabled by the Planning Commission because now the people are looking into building Condos. Ken Crockett's petition for a major subdivision has been postponed at the owner's request indefinitely. Councilmember Day moved to approve the request for a variance cf lot size from Charles Stone, 607 Lovell Avenue. Councilmember Remeta seconded. Councilmember Youmans asked if there was 20 feet between the buildings? Mr. Stone answered yes. Chairman Frankenhauser explained that the hardship was created by previous owner of property. Vote by Council was unanimous. 1 1 1 Minutes of the March 10th, March 16th, and April 7th meetings were approved as presented on Councilmember Day's motion to accept and Councilmember Hughes second. Vote by Council was unanimous. Councilmember O'Dell motioned to grant $500.00 to the Rape Crisis Center. Councilmember Day seconded stating that he disputes the number of rapes on Tybee in the letter. Councilmember Youmans said there has been several and that one is too many. Vote by Council was unanimous. Bills for the month of March were reviewed, found in order, and recommended to be paid by the chairman of each department as follows: General Government Police Fire Public Works Sanitation Recreation /Lifeguard /Parking Water Sewer 60,739.05 58,520.52 8,918.84 26,516.91 23,626.29 24,578.89 15,012.10 40,202.22 Councilmember Hughes moved to negotiate with Chatham County for a Housing Code Inspection Program in the amount of $2,809.02 a year. Councilmember Jackson seconded. Councilmember Youmans stated that we did have this program at one time, but did away with it in order to hire an employee to do this job. Councilmember Remeta questioned if this was for residential only? Councilmember Hughes answered yes, Chatham County already does the commercial property. Vote by Council was 3 in favor (Hughes, Day, Jackson); 3 opposed (Youmans, Remeta, O'Dell). Mayor Locklear broke the tie by voting in favor of the program. Councilmember Hughes moved to sign the GIRMA Property /Liability Insurance renewal agreement. Councilmember Jackson seconded. Councilmember Youmans asked if we have time before renewal date, he would like to postpone until he can study the policy. Councilmember Hughes said the deadline is May 1st. Mayor Locklear said that a special council meeting could be held prior to May 1. Councilmember Hughes withdrew her motion. Councilmember Hughes asked that the Audio Equipment upgrade for the City Hall be let for bids since the specs indicate the amount would be over $2,000.00. The business license fee for Maintenance /Repair is tabled until further study. Councilmember Youmans moved to approve the application of Frank Schuman for transfer of alcohol beverage license. Councilmember Jackson seconded. Vote by Council unanimous. 1 Mr. Gordon Wise's petition for an alcohol beverage license for Shorty's was tabled until a health permit is issued. An alcohol beverage license for Hodad's, a new restaurant not yet built but planned for the south side of U S 80 was next discussed. Russell Mobley spoke for the Millikan's (owners). Councilman Youmans moved the permit be granted, seconded by Councilman Jackson. Councilman Day asked if a building permit is in place, and the answer was negative - applied for, but not yet granted. The question was called but the vote on the question was 2 - 4, with the Council opting for more discussion. Plans for the proposed building were shown to the Council. Consensus seemed to be that the alcohol permit couldn't be granted until and unless the building is satisfactorily completed and approved for a Food Service Permit by the health department. Attorney Howard All was present to represent Randy Tharpe (Flexin Inc.) on his petition to hold Orange Krush on May 14th at North Beach. He stated there is a great deal of sympathy for last years' death, but that the sponsors are not responsible. He stated that several thousand people enjoyed the hospitality of Tybee last year and asked Council to approve this event. Councilmember Hughes moved to deny permit for Mr. Tharpe. Councilmember Day seconded. Councilmember Youmans said that he was glad that people were getting together and trying to do it the right way. Vote by Council was 4 in favor of denial (Hughes, Remeta, Day, Jackson); 2 opposed (Youmans, O'Dell). Attorney Roy Allen was present to represent Vince McGee, Savannah Crush Festival, Inc., on his petition to hold this event on May 14th at the North Beach. After much discussion Councilmember O'Dell moved to grant permission contingent upon conditions being met by April 26 at the Special Council meeting. Councilmember Day seconded. Vote by Council unanimous. Some of the conditions are posting of liability insurance, abide by the 2,500 figure, 50 people in some type of uniform to assist, clean up, port -a -lets. City Attorney Hughes stated that the City of Tybee is not going to co- sponsor this event. Mr. Allen said he understands this - we will sign a hold harmless agreement with City. Mr. Allen said that conditions will be met by date certain. Councilmember Jackson said that the application for Shorty's Turntable should be brought back before Council and he moved that the license be granted on condition that he has food service. Councilmember Youmans seconded. Councilmember O'Dell said that the businesses in the area are low impact and he is against business being located there. Vote 2 in favor to Grant license (Jackson, Youmans); 4 opposed (Hughes, Remeta, O'Dell, Day). Councilmember Day so moved to grant Perry Solomon $100.00 for spending money when he goes to Valley Forge for winning an essay contest. (Get copy of essay from Mayor to attach to minutes) Councilmember Jackson seconded. Vote by Council was unanimous. 1 1 Mayor Locklear asked that a resolution be made for John Marcantonio to be presented at the May meeting for the offer of an appointment to the U.S. Merchant Marine Academy and has received a 1994 North Georgia College Military Scholarship. His grade point average is 3.91. Mayor Locklear announced that Ms. Teri Gruendl has been selected to receive the Presidential Award in science for the State of Georgia. Ms. Gruendl teaches kindergarten at Island's Elementary School and lives on Spanish Hammock. Mayor Locklear requested that the city purchase 432 Olympic hats at the costs of $5,184.00. Councilmember Day asked what is the price per hat to the city and how much will they sell for? Mayor answered cost to city would be $12.00 and will sell for $20.00. Councilmember O'Dell said it was a ripoff. Councilmember Youmans said that this is the beginning of city monies being spent on the Olympics. Councilmember Hughes stated that it would be fair for the employees to purchase the hats at cost but not fair to the merchants on the island. Councilmember Day moved to close the meeting and go into executive session to discuss personnel matter and property acquisition. Councilmember Jackson seconded. Councilmember O'Dell moved to reopen the regular Council meeting. Mayor Locklear announced that the Council has voted to purchase the Tybee School property. Councilmember Remeta recommended that a "committee be formed to review policies on giving raises to city employees. Councilmember Day seconded, stating that it is a good idea. Councilmember Remeta said that everywhere he goes employees talk about raises. Councilmember Day said that an update of the personnel policy is needed. Mayor Locklear stated that the Finance Committee'is working hard on this policy. Councilmember Hughes said that Councilmember Remeta's motion does not deal with this grievance. Councilmember O'Dell moved to grant the 10% raise. Councilmember Youmans seconded. Vote by Council was 4 in favor (Youmans, O'Dell, Day, Jackson); 1 opposed (Hughes); 1 abstained ( Remeta). Councilmember Day moved to change the time of the agenda meeting back to 7:30 P.M. on the first Thursday of each month. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Youmans moved to accept Section 2- 1- 2(a)(,6) Permanent Committee on its second reading. Councilmember Day seconded. Vote by Council unanimous. Councilmember O'Dell requested that Section 7 -1 -1 through 7- 1-4 Special Events be tabled. Councilmember Youmans seconded. Vote by Council was unanimous. 1 1 1 Councilmember O'Dell moved to table Section 7 -2 -1 City Hall Auditorium, 7 -2 -2 Memorial Park Pavilion, 7 -2 -3 Community House /Recreation Buildings. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Day moved to adopt Section 7 -4 -1 through 7 -4 -5 Arts Commission on its first reading. Councilmember Hughes seconded. Vote by Council was 3 in favor (Hughes, Day, Jackson); 3 opposed (Youmans, Remeta, O'Dell). Mayor Locklear broke the tie by voting in favor of the motion. Second reading will be held at the May meeting. Councilman Day motioned to accept Section 2- 1 -13(a) Order of Business on its first reading. Councilmember Jackson seconded. Vote by Council was 4 in favor (Hughes, Remeta, Day, Jackson); 2 opposed Youmans, O'Dell). Second reading at the May meeting. Mayor Locklear presented the following proclamations for approval: Preservation Week May 8 - 14; Municipal Clerk's Week May 1 - 7; and National Poppy Day April 22 & 23. Councilmember O'Dell moved to approve. Councilmember Jackson seconded. Vote by Council was unanimous. Councilmember Day made the closing remarks for this meeting saying that he has truly, truly enjoyed working with this Council and expects them to set the trend for the next ten years. He stated that he will miss all of you guys. Councilmember O'Dell told him that this was not his last Council meeting, that there was the Special meeting on Tuesday, April 26th. Councilmember O'Dell announced that the movies will be held Friday night. Mayor Locklear announced that there will be a meeting Monday, April 13th at the Fire Station for the Boy Scouts to reorganize. The meeting was adjourned. Clerk of Council, JRB Mayor James P. Locklear 1 1 A RESOLUTION WHEREAS, the City of Tybee Island, Georgia wishes to provide it's citizens with additional recreational facilities, properties and buildings for recreational, governmental, and other purposes; and, WHEREAS, the Board of Public Education for The City of Savannah and the County of Chatham presently has title and possession of property and buildings at which it formerly operated the Tybee School; and, WHEREAS, the Board of Public Education for The City of Savannah and the County of Chatham has agreed to sell the property specifically described in a deed to such property and the improvements thereon to the City of Tybee Island; NOW THEREFORE, BE.IT RESOLVED, by the Mayor and Council of the City of Tybee Island in open meeting duly assembled, that the Mayor is hereby authorized and directed to execute a contract and any other documents appropriate to consummate the acquisition the hereinafter described property and the improvements thereon for the sum of THREE HUNDRED THOUSAND ($300,000.00) DOLLARS payable in installments. The property is described as follows: BEGINNING at a point on the Northern right -of -way of Fifth Street, 60 ft. West of the Northwestern intersection of the northern right -of -way line of Fifth Street and western right -of -way line of Butler Avenue, which point is known as the point of beginning; thence along the northern right -of -way line of Fifth Street, north 72 degrees, 42 minutes west a distance of 432.5 feet to a point; thence at right angles north 17 degrees, 18 minutes east a distance of 200 feet to a point; thence at right angles north 72 degrees, 42 minutes west a distance of 100 feet to a point on the eastern right -of- way of Jones Avenue; thence along the eastern right -of- way of Jones Avenue north 17 degrees, 18 minutes east a distance of 200 feet to a point; thence at right angles south 72 degrees, 42 minutes a distance of 572.5 feet to a point on the western right -of -way line of Butler Avenue; thence along the western right -of -way line of Butler Avenue south 17 degrees, 18 minutes west a distance of 340 feet to a point located on said western right -of -way of Butler Avenue and the property formerly held by the Savannah Electric and Power Company; thence at right angles north 72 degrees, 42 minutes west a distance of 60 feet to a point; thence at right angles south 17 degrees, 18 minutes west a distance of 60 feet to the point of beginning. BE IT FURTHER RESOLVED that the Clerk of Council of the City of Tybee Island, Georgia be and is hereby authorized and directed to attest the Mayor's signature on all appropriate and such documents and to affix the corporate seal of said Municipality thereon. ADOPTED THIS _E DAY OF , 1994 JAMES PATRICK LOCKLEAR, MAYOR ATTEST: . c"...'1,%.2,r \J 96c_ CQI E}LYN \JR. BROWN, CLERK OF COUNCIL I HEREBY CERTIFY THAT, The foregoing is a true and correct copy of a resolution passed at the regular meeting of the Mayor and Council of the City of Tybee Island, Georgia on the This 14th day of July 14th day of April , 1994. �rJ , 1994. CQUI,YN RiJ BROWN, CLERK OF COUNCIL TY F TYBEE ISLAND, GEORGIA 1 1 PROPOSED HOUSING PROGRAM Tybee Island, Georgia In order to conduct an effective housing code enforcement program, several components of the program are essential. These are a strong, practical, and enforceable code, an efficient , knowledgeable inspection staff and an enforcement procedure that will bring violations into compliance within a reasonable time. To meet the above needs, the following recommendations are made: A. The latest edition of the Southern Building Code Congress Housing Code should be adopted as the City of Tybee Island Housing Code. B. An inspection program should be instituted which includes enough time to conduct primary and follow -up inspections to bring violators into compliance. C. An appeals board should be appointed to hear any cases in which the property owner asks for a review of the inspector's findings or condemnations. 1 1 CITY OF TYBEE 1994 BUDGET HOUSING PROGRAM ANNUAL SALARY - $30,900 divided by 260 = $118.85 x 16 = $1,901.60 One (1) Inspector (Total of 16 days): 1 day per month of January, February, March, April, September, October, November and December; 2 days per month of May, June, July and August. SALARY: (12 months @ $1,901.60) STATE RETIREMENT @ 17.29% SOCIAL SECURITY @ 7.65% INSURANCE @ 10.00% TRAVEL (50 m.per /day x 16 = 800 @ .21) SUPPLIES POSTAGE = $ 1,901.60 328.79 = 145.47 = 190.16 = 168.00 35.00 40.00 $ 2,809.02 1 1 Ordinance it Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that the Tybee Island Code of Ordinances, Chapter 1, Title 2, Section 2 Permenent Committees (a) (6) be amemnded to read as follows: (a) (6) Enviromental /Community, Cultural Activities /Parking ADOPTED THIS J, 1 Mayor James Clerk of Council 1st Reading: 2nd Reading: Enacted: [2- 1- 2.dit] . Locklear 1 1 P R O C L A M A T I O N 1 WHEREAS. historic preservation enriches the lives of all people by providing a greater understanding of american heritage; and WHEREAS, historic preservation is relevant for communities across the nation from urban to rural areas, main streets to waterfront towns; and WHEREAS, Preservation Week 1994 provides an opportunity for citizens of all ages and from all walks of life to recognize the important role that historic preservation plays in individual lives and in communities; and WHEREAS, "It's your memory, It's our history. It's worth saving." is the theme for Preservation Week 1994, sponsored by the City of Tybee Island and the National Trust for Historic Preservation: NOW THEREFORE, I, Mayor of the City of Tybee Island do proclaim May 8 - 14, 1994, as National Preservation Week and call upon the people of Tybee Island to recognize and participate in this special observance. PROCLAIMED THIS 14TH DAY OF APRIL, 1994. S.:::22) ayor James P. Locklear Clerk of Council, JRB P R O C L A M A T I O N 1 M U N I C I P A L C L E R K S W E E K May 1 through May 7, 1994 WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels, and WHEREAS, The Municipal Clerk has pledged to be ever mindful of their neutrality and impartiality, rending equal service to all. WHEREAS, WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. The Municipal Clerk continually strives to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFOR, I, James P. Locklear, Mayor of the City of Tybee Island, do recognize the week of May 1 through May 7, 1994, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Jacquelyn R. Brown and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. ADOPTED THIS 14TH DAY OF APRIL, 1994. Mayor James P. Locklear Clerk of Council, JRB 1 1 P R O C L A M A T I O N WHEREAS, NATIONAL POPPY DAY has been set aside as a day in which all people can help aid our disable American Veterans throughout the nation; and WHEREAS. The Tybee Island American Legion Post 154 and the Tybee Island American Legion Auxiliary, traditionally take this opportunity to support disable American Veterans, and WHEREAS. All donations received from the sale of Poppies go directly to aid the brave veterans and their families; NOW, THEREFORE, I, James P. Locklear, Mayor of the City of Tybee Island, Georgia, do hereby proclaim Friday and Saturday, April 22nd and April 23rd , 1994, as "TYBEE ISLAND POPPY DAY" And I do further exhort all citizens of our city to support the American Legion Post 154 and the Auxiliary in their effort to honor our esteemed Disabled American Veterans for their contributions to our county. PROCLAIMED THIS 14TH DAY OF APRIL, 1994. evsSLILy yor James P. Locklear (;)- 'lerk a Cod►cil, JRB