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HomeMy Public PortalAbout19950112CCMeeting1 1 1995- 01 -12. January Council Minutes The City of Tybee Island held its regular monthly meeting on Thursday, January 12, 1995. Mayor James P. Locklear presided with the following members of Council present: Katrina Hughes, Jack Youmans, William Remeta, Mariann Wildi, Phil O'Dell, and Paul Jackson. City Attorney was present to represent the City on legal issues. Mayor Locklear asked Mr. Carl Thompson to give the Invocation. The Pledge of Allegiance was recited. Mayor Locklear opened the meeting for business legally presented. Councilmember Jackson moved to approve the December minutes. Councilmember Wildi seconded. Councilmember Remeta stated the following introduction in honor of Chief David A. McCutchen, Sr.: "There are many reasons why Tybee is such a wonderful place to live. It is an island somewhat isolated from the mainland with a beautiful beach, fresh clean air, excellent fishing, with Little Tybee right next door. But probably the most important quality of Tybee that makes it such a special place to live is its people. It is the people that shape the direction of the island, the ones now, and of course, the ones that lived before us, who laid the groundwork for us to build on. Just as we endeavor to protect our beaches, our clean water and air, our historic buildings, so must we strive to preserve the memories of the people who worked hard to make our island a better place to live. It is in this spirit of respect and as chairperson of the Police Department, I asked the Mayor and Council to dedicate this portrait of our former Chief of Police - Chief David A. McCutchen, Sr. - who in the line of duty lost his life, April 10, 1963, making the ultimate sacrifice." At this time Mayor Locklear read a Resolution of Respect in honor of Chief McCutchen, Sr. Mayor Locklear said that a proclamation was given to the American Transcontinental Trailride on January 2, 1995. Mr. Jeff Schroder spoke to Council over his concerns about the public boat ramp stating that it is one of the best access to the ocean for dingies. He asked if the City has plans to revamp the ramp in the near future? Mayor Locklear said that certainly the City does, the sand dropped 3 feet during the storm but has built back up. The City is looking into ways of getting the funding needed to repair the ramp. Randy Bragg requested that the City get the big boulders moved. The Mayor asked Councilmember Wildi to handle this project. Linda Larsen said that she has a petition signed by 87 residents requesting that restaurants have non smoking areas and that the City pass an ordinance to this effect. Councilmember Hughes asked that this item be tabled until the February meeting to give the public notice of action that might be taken by the 1 1 1 Council. Councilmember Youmans seconded stating that the City Attorney found things that need to be changed. Attorney Hughes said that the ordinance before you is a combination of Ms. Larsen and the City of Savannah's. Councilmember Youmans withdrew his second. Councilmember Remeta seconded stating that he is for the ordinance but thinks i order for the Police Department to enforce the ordinance that a few items need to be worked out and more study. Council vote to table until February were 3 in favor (Hughes, Remeta, O'Dell); 3 opposed (Jackson, Wildi, Youmans). Mayor broke the tie by voting not to table. Councilmember Jackson moved to accept the ordinance on its first reading then withdrew his motion. City Attorney said that you can table until February since there was no motion. Suzanne Beil, Savannah Maritime Festival, presented Council with the outline of the request to hold the festival on July 29th and 30th. Council approved the presented package. Councilmember Remeta said that last year he requested that the name be changed To Savannah Tybee Maritime Festival. Ms. Beil said that the attorney is working on a name change for next year. Councilmember Hughes moved that one event's proceeds be dedicated to the Recreation Department. Councilmember O'Dell seconded. Vote by Council was unanimous. Councilmember Wildi moved to approve the closing of 3rd Street for the Volleyball event. Councilmember Hughes seconded. Vote by Council was unanimous. Kathy Williams, president of the Marine Science Center asked for a legal agreement in writing for use of the building on Stand, funding, and one worker on the City payroll for this summer. Mayor Locklear said the City is going to try to help any way they can. Attorney Chris Kline, representing the residents of the south end of the island who are opposed to the water storage tank being placed on 19th Street. He stated that the area is strictly residential and he strongly supports the Water Sewer Committee recommendation to form a citizens committee with some mention that Mr. Exley and Mr. Adams to serve on committee. Councilmember Youmans moved to rescind the policy for charging fees for the usage of public buildings stating that he will have something from the committee for the February meeting. Councilmember Hughes seconded. Vote by Council was 5 in favor (Hughes, Youmans, Remeta, Wildi, Jackson); 1 opposed (O'Dell). Jim Kluttz of the Historical Preservation Committee said that the committee mailed out 500 questionnaires the last week in December and he wished to thank Paul, Pat and Katrina for the City paying for the mailout. Councilmember Youmans asked Mr. Kluttz if the whole island was suppose to be done. Mr. Kluttz said yes. At this point Mr. Kluttz asked that Council extend the Committee for another 6 months. Extension approved by Council. 1 1 David O'Leary said that he wanted to be on record as being against the Marshland setback ordinance. This ordinance would deny me ever using my property, the State of Georgia own the marsh and they have regulations, this ordinance needs to be explored. Mayor Locklear answered yes it will and it will also be advertised as a Public Hearing. Mayor Locklear opened the public hearing on a petition made by Mr. Allen Hendrix for Phase II of Eagles Nest for preliminary on a major subdivision, PIN 4- 19 -2 -12 and 12A. Planning Commission moved to table until February. Mr. Ray Carter, Civil Engineer, and Mr. Bert Barrett, Jr. Survey Engineer were present to answer questions. Councilmember Jackson asked Zoning Administrator Byers in her opinion would you recommend this going back to Planning Commission? Mrs. Byers answered no. Councilmember Youmans asked what happened to the 18 items that needed to be addressed. Mrs. Byers said they have been addressed. Michelle Barrett spoke in favor of the subdivision. No one spoke against. Mayor Locklear closed the hearing. Councilmember Jackson moved to approve the major subdivision with the change of 60 foot right of way to 40 feet for the preliminary plan review. Councilmember O'Dell seconded. Councilmember Hughes asked if the right of way will be privately maintained. Mr. Hendrix answered yes. Vote by Council was unanimous. Mayor Locklear opened the public hearing on a petition by Kevin Mathews and David Bowden for a minor subdivision at 11 Lighthouse Lane, PIN 4- 20 -5 -23. No one spoke for or against the petition. Planning Commission recommended approval. Councilmember Jackson moved to approve. Councilmember Youmans seconded. Vote by Council was unanimous. Mayor Locklear opened a public hearing on a petition by Walter T. Clark, Jr. for a Revision to PUD at Northshore subdivision. Mr. Clark explained this is needed to accommodate decks and walk ways for title insurance on the properties. No one spoke for or against this petition. Planning Commission recommended approval. Mayor Locklear closed the hearing. Councilmember Jackson moved to approve the revision. Councilmember Wildi seconded. Vote by Council was unanimous. Mayor Locklear opened the public hearing on a petition by Simon Holdings Company, Inc. for a height variance at 1505 Butler Avenue, PIN 4 -8 -7 -6 & 7. Mr. Tony Simon explained that this request is needed in order to place the logo of Howard Johnson on the building. Mr. Simon also stated that the height of the livable building would be 29 feet. No one spoke in favor. Mrs. Dottie Kluttz spoke against granting the variance because the ordinance states 35 feet and there is absolutely no hardship shown. Mayor Locklear closed the hearing. Councilmember Jackson moved to approve the variance. Councilmember Youmans seconded. Vote by Council was unanimous. Mayor Locklear opened the public hearing on a petition by Chris 1 1 1 Chandler for site plan approval at 703 A & B Highway 80, PIN 4 -3- 1-22 & 22A. Planning Commission recommended approval. No one spoke for or against this petition. Mayor Locklear closed the hearing. Vote by Council was unanimous. At this time 8:55 P.M. Mayor Locklear adjourned the meeting for a 10 minute break. Mayor Locklear reconvened the meeting at 9:09 P.M. Bills for the month of December were reviewed, found in order and recommended for payment as follows: General Government 76,954.18 Police 50,368.56 Fire 9,499.65 Public Works 37,637.04 Sanitation 22,687.85 Rec /Parking 8,715.54 Water 24,451.37 Sewer 96,705.68 Fund 3 39,427.69 Councilmember Hughes gave a report on the 94 fiscal year stating that in revenues were 108% and expenditures were 103%. Councilmember Hughes moved to approve the personnel classification with changes being made periodically. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Jackson moved to adopt Section 9- 2- 1(b)(1) Business Hours Specified on its second reading. Councilmember Youmans seconded. Vote by Council unanimous. Councilmember Wildi moved to adopt Section 4 -1 -6 Police /Fire Alarm Service Fee. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Youmans moved to deny the Ante Litem notice from Miss Kathy Strozier. Councilmember Jackson seconded. Vote by Council was unanimous. Councilmember Jackson moved to disband the Downtown Development Authority. Councilmember Remeta and Youmans seconded. Vote by Council was unanimous. Councilmember Youmans moved to approve Alcoholic Beverage license for Gene Glisson at the Tybee Island Amusement Park Restaurant (Beer/Wine on premise; Sunday Sales). Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Youmans moved to approve an Alcoholic Beverage license for Linnie Youngblood and Marian Ladner at Marlin Marina (Beer/Wine, Liquor Pouring on Premise Beer/Wine by package; Sunday Sales). Councilmember Hughes seconded. Vote by Council was unanimous. 1 1 Councilmember Jackson said he would like the authority for the Water Sewer committee to form and appoint a 5 member board to study locations for the water storage tank. Councilmember O'Dell seconded. Councilmember Youmans stated that committee appointments should come before full Council. Vote by Council was 5 in favor (Hughes, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Youmans). The following citizens were appointed to serve on the Planning Commission from January 30, 1995 through January 30, 1997: Bob Austin, Bert Barrett, Jr., Joe Griffin, Dick Smith, and Jiggs Watson. Councilmember Wildi moved to go into executive session to discuss land acquisition and a personnel matter. Council reconvened and Councilmember Jackson moved to adjourn as there was no further business to come before Council. Clerk of Council, JRB Mayor James P. Locklear 1 1 R E S O L U T I O N O F R E S P E C T WHEREAS, DAVID A. McCUTCHEN, SR was a member of the Tybee Island Police Department from 1944, serving as its Chief from 1950 until his death in the line of duty on April 10, 1963; and WHEREAS, Chief McCutchen was a highly competent law enforcement official during these years, bringing many high honors to the town, including recognition from the floor of the Senate as the number one criminal investigator in the State of Georgia; and WHEREAS, He was a graduate of the FBI National Academy and recognized upon his death by the President of the United States, John F. Kennedy and by the Director of the Federal Bureau of Investigation, J. Edgar Hoover, for his services in law enforcement; and WHEREAS, Chief McCutchen was also a highly respected community leader, combating juvenile delinquency by developing ties of mutual friendship and respect with the youth of Tybee by sponsoring and leading many youth activities such as Scouts, Judo, basketball, giving hours of service each week to the island youth; and WHEREAS, Many of those young people, now approaching middle age, honor the Chief's memory fondly and respectfully remember him as one of the major role models of their teenage years; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, that DAVID A. McCUTCHEN, SR.'s picture be dedicated and hung in Tybee Island City Hall as a memorial to our fallen Chief. This 12th day of January, 1995. MAYOR K OF COUNCIL 1 1 P R O C L A M A T I O N WHEREAS, The American Transcontinental Trailride has chosen Tybee Island for the beginning of their ocean to ocean adventure with horses and wagons; and WHEREAS, The transcontinental ride will begin on Tybee's North Beach on the Atlantic shore on Tuesday, January 3, 1995 ; and WHEREAS, The American Transcontinental Trailride has chosen the City of San Diego, California for its terminus point on the Pacific Ocean; NOW, THEREFORE, BE IT PROCLAIMED, AND IT IS HEREBY PROCLAIMED BY THE MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA THAT THE PEOPLE OF TYBEE ISLAND WISH THE AMERICAN TRANSCONTINENTAL TRAILRIDE THE HAPPIEST OF JOURNEYS ACROSS AMERICA, AND BE IT FURTHER RESOLVED THAT THE MAYOR OF TYBEE ISLAND EXTENDS THE BEST WISHES OF THE PEOPLE OF TYBEE ISLAND, ON THE EASTERN SHORE OF THE ATLANTIC OCEAN TO THE PEOPLE OF SAN DIEGO, CALIFORNIA ON THE PACIFIC, THE WESTERN SHORE OF THE AMERICAN CONTINENT. THIS • • • e DAY 0 F �.v.cs-r s , 1995. Q'l --0 C. 2--fj MAYOR JAMES P. LOCKLEAR 1 . BROWN, CLERK OF COUNCIL 4, 1 1 PERSONNEL CLASSIFICATION FOR PERMANENT EMPLOYEES CLASS JOB DESCRIPTION 1 Police Cadet 2 Janitor Laborer Mechanic's Helper 3 4 5 6 7 Assistant Carpenter Assistant Mechanic Cashier /Clerk I Communications Officer Distribution Systems Technician Parking Enforcement Officer Administrator Police Officer Records Clerk I Water /Sewer Technician III Carpenter Heavy Equipment Operator Mechanic Records Clerk II Senior Patrol Officer Water /Sewer II -A Assistant Clerk of Court /Fines and Collection and Property Evidence Clerk City Marshal /Code Enforcement Officer Communications Supervisor /Technical Agency Coordinator Detective Foreman Police Corporal /Shift Supervisor Water /Sewer Technician II Clerk of Court /Office Manager Criminal Investigator Information Systems Coordinator Parking Enforcement Department Head Police Sergeant /Shift Supervisor Recreation Director Water /Sewer Technician I Assistant Public Works Department Head Assistant Water /Sewer Department Head Police Lieutenant Zoning Administrator 9 Accounts Payable /Utility Accounts /Payroll Clerk Clerk of Council /Personnel Administrator Police Captain City Treasurer Police Major /Assistant Chief of Police Public Works Superintendent Water /Sewer Department Head 10 Chief of Police 11 City Administrator 1 1 1 1 Ordinance #1995 -01 Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that the Tybee Island Code of Ordinances, Chapter 2, Title 9, Section 1 (b) be amended by the addition of 9 -2 -1 (b)(1) to read as follows: 9-2 -183 :. BM Be BOUM OPEC TEDB REOPONAIMUTT WO (a) The mayor and council of the city, in adopting this chapter hereby decree that the provisions, rules and regulations herein shall be applicable to all establishments and bars within the limits of the municipality; shall control and govern the operation of those establishments, shall be reduced to written form, distributed and served on all licensees of such establishments within the city, and the violation of any such provisions, rules and regulations shall be subject to the penalty herein prescribed. (b) The following rules and regulations shall apply for the retail sale of alcoholic beverages, fortified wine, malt beverages, distilled spirits or spirituous liquors for beverage purposes by the drink, these sales to be for consumption on the premises only: (1) It shall be unlawful for any person or business to sell, offer to sell, give away or otherwise dispense any alcoholic beverages, fortified wine, malt beverages, distilled spirits or spirituous liquors for beverage purposes by the drink for consumption on the premises as those terms are defined by Georgia code, Section 5A -102 during the following times, except as provided in subsection (3) below: a. Sunday: 2:56 a.m. to 12:01 a.m. Monday, b. Monday: 3:01 a.m. to 9:00 a.m. Monday, c. Tuesday: 3:01 a.m. to 9:00 a.m. Tuesday, d. Wednesday: 3:01 a.m. to 9:00 a.m. Wednesday, e. Thursday: 3:01 a.m. to 9:00 a.m. Thursday, f. Friday: 3:01 a.m. to 9:00 a.m. Friday, g. Saturday: 3:01 a.m. to 9:00 a.m. Saturday. "Within fifteen minutes following the closing times described above, said business will be vacated by all persons not currently employed by that business, and those employees who remain shall be engaged in the activities necessary for closing, such as cleaning and closing of the cash register, and shall have on them suitable picture identification, such as a City- issued bar card, attesting to that fact." (Ord. 1995 -01: 1/12/95) (2) Said business will close and shall not open and operate between the hours of 2:56 a.m. on sunday and 9:00 a.m. on Monday of each week. 1 1 1 (3) Any licensed eating establishment which derives at least fifty (50) per cent of its total annual gross food and beverage sales from the sale of prepared meals or food is allowed to open for the sale of distilled spirits, malt beverages or wine for consumption only on the premises on Sunday between the hours of 12:30 p.m. and 12 midnight. (Ord. No. 4 -1982, 11- 10 -82) (4) Any licensed eating establishment referred to herein shall have an area specifically designed, set aside, set up and operating to serve meals and foods on the premises and shall have a fully equipped commercial kitchen, to include an appropriate stove, refrigerator, food preparation area, sink, and other items required by the Chatham county Health Department for the preparation of foods, and such commercial kitchen shall meet all of the requirements set forth by the Chatham county Health Department. Further, any licensed eating establishment referred to herein shall have a printed or posted menu from which selection of prepared meals can be made. The intent of this Sunday Sales Ordinance Amendment is to allow those full - service restaurants that serve the public as part of this City's tourism business and as part of this community's local citizens' service to serve alcoholic beverages with the meals on Sunday. It is not the intent of this amendment or of the ordinance itself to encourage or to permit neighborhood taverns and bars to serve alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday.(Ord. 1990 -16) (5) Any licensed eating establishment as described herein, shall only sell or serve distilled spirits, malt beverages or wine during those hours on Sunday in which such sales are otherwise permissible and during which such licensed eating establishment has its food service operation open, operating and serving meals or available for serving meals with a full selection of menu items and prepared meals.(ORD. 1994 -31; DEC. 8TH) ADOPTED THIS DAY OF , 199. Mayor James P. Locklear Clerk of Council 1st Reading: 2nd Reading: Enacted: 1 Ordinance #1995 -02 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 4, Section 6 be amended by the addition of Police Fire Alarm Service Fee to read as follows: 4-1-6. P ©LX / X O t t ME PRE (a) Fee Established To discourage excessive false alarms at any single commercial /residential location, enhance the safety of officers of the Tybee Island Police Department and Tybee Island Fire Department, protect the lives and property of the citizens of Tybee Island, reduce unnecessary use of Police /Fire resources, and produce revenues to defray the costs of Police /Fire responses to false alarms, a false alarm service fee is hereby established. (b) Definitions (1) Alarm System. An assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention by the Tybee Island Police /Tybee Island Fire Departments. (2) False Alarm. A bell, mechanical, electrical, or telephone apparatus, or combination thereof which is activated for the purpose of summoning the Tybee Island Police Department /Tybee Island Fire Department to respond to a hold -up, break -in, burglary, fire, unauthorized entry, destruction of property, or other event requiring police /fire response when in fact the service called for is not needed. (c) Rate and Base The owner or lessee of any property with an alarm system shall pay to the City of Tybee Island a false alarm fee, based upon the total number of false alarms at such location during the preceding calendar year. The false alarm service fee shall be charged as shown in the following schedule: Number False Alarms Fee 1 through 5 $0 6 through 10 $25.00 11 and up $50.00 (d) Exceptions Each of the following circumstances shall not constitute a false alarm and no fee shall be assessed: (1) Alarm system malfunctions, if corrective measures have been instituted within a 72 hour period with notification to the Tybee Island Police Department documenting repair service to remedy the malfunction. (2) Alarm conditions activated by a person working on the alarm system with prior notification to the Tybee Island Police Department. 1 1 1 (3) Alarms which can be substantiated as being activated by disruption or disturbance of utility company facilities by accident or storm conditions. (e) Appeal Any owner or lessee of an alarmed premises may appeal the assessment of a false alarm service fee to the Chief of the Tybee Island Police Department. Such appeal shall be in writing and filed with the Police Chief within ten days of notification of the assessment. (f) Shut Off Requirement Alarm systems on commercial /residential premises employing audible signals shall be equipped with shut -off devices that automatically silence the audible signal twenty minutes after the alarm is initially activated. (g) Maintenance and Operation The owner or lessee of any commercial property with an alarm system shall (1) maintain the premises and alarm system in a manner that will minimize eliminate false alarms, (2) respond or cause their representative to appear at the system location within a reasonable period of time when notified by the Tybee Island Police Department or monitoring company to provide access to the premises, deactivate the alarm system, or provide security at the alarm location. (h) Administration The Police Department is responsible for monitoring and documenting false alarm incidents. The Police Department is responsible for collecting false alarm service Fees. (i) Due Date; Late Payment; Penalties False alarm service fees shall be due and payable within thirty days after billing. Fees not paid by the due date shall be subject to execution fees and interest charges. (j) Payment of Fee Condition for Doing Business Payment of false alarm fees as documented by the Tybee Island Police Department and billed to a business is a condition of that business operating within the City. The City of Tybee Island is authorized to withhold issuing or renewing a license to a business which has failed to pay a false alarm service fee. Any Business which operates or continues to operate within the City when its license has been withheld under the provision shall be deemed to be operating without a license, and shall be subject to the penalties resulting therefrom. (Ord. 1995 -02; 1/12/95) ADOPTED THIS 12th DAY OF January, 1995. Mayor James P. Locklear 1 Clerk of Council 1st Reading: December 8, 1194 2nd Reading: Janaury 12, 1995 Enacted: Janaury 12, 1995