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HomeMy Public PortalAbout19950509CCMeeting1 1 1 1995- 02 -09. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, February 9, 1995 at 7:30 P.M. in the City Hall Auditorium. Mayor James P. Locklear presided with the following members of Council present: Katrina Hughes, Jack Youmans, William Remeta, Phil O'Dell, Mariann Wildi, and Paul Jackson. Attorney Dana Braun represented the City in legal matter as Edward Hughes was out of town on business. Mayor Locklear asked everyone to stand for a moment of silent prayer for three citizens who had passed away, Jane Kohel, Sandy Grey, and Teresa Yarbrough. The Pledge of Allegiance was led by Boy Scout Donald Wayne Hendrix. Mayor Locklear opened the meeting for business legally presented. Councilmember Jackson moved to accept the minutes from January. Councilmember Wildi seconded. Vote by Council was unanimous. The Mayor said that three months worth of work and study had gone into the Occupation Tax Ordinance that was adopted by Council in accordance with the State of Georgia mandate and that the State elected officials were looking at rescinding and going back to the old way of taxing businesses. The Resolution on the Occupation Tax was read by Councilmember Wildi. Mayor Locklear asked James LaFavor to speak. Mr. LaFavor said that he appreciated Council rescinding some charges but that he has two more phases to talk about. The first one is that summer residents who hire lawn people and who pay real estate taxes can't place any debris out for pick up or use the DPW dumpster. A business would have to charge customer more for the job. The second is that the City will not ask businesses not located on Tybee to show proof of a occupation license. City Administrator Rowena Fripp said that some staff members were under the impression they could not ask for proof but the ordinance states that the business have on hand a copy of the license and certification if necessary in order to show proof to the City Marshal or the Police Department. Councilmember Youmans said that all commercial work such as carpenters, plumbers, yard cleaners, etc. has to dispose all debris off the island. Mrs. Sally Keller asked why is it different for home owners and contractors. Mrs. Fripp answered that this is part of the contract with Waste Management. Mrs. Keller's husband spoke about yard cleaners. Mrs. Keller said that her business was low impact and she also would like to be considered in the resolution. Mr. John O'Neill said that his license has gone from $45.00 in 1990 to $290.00 for 1995. He said that the Council will discuss raising the water rates tonight, and that the County has reassessed property so why can't the City reduce the millage rate because it is a bargain living on Tybee. Councilmember Wildi moved to adopt the resolution. Councilmember Jackson seconded. Vote by Council was 4 in favor (Wildi, Jackson, Remeta, Hughes); 2 opposed (Youmans, O'Dell). 1 1 1 Donald Hendrix asked permission from the Council to build a nature park for his Eagle Scout project on property owned by the City located off Highway 80, between 6th Avenue and Campbell Avenue on the north side of street. Councilmember Jackson moved for approval. Councilmember Wildi seconded. Vote by Council was unanimous. Mr. Jodee Sadowsky said that he has lived on Tybee since 1976 and that there is a stop sign missing at 6th and Lovell, but that is not what he wants to talk with Council about tonight. Chief Price thanked Mr. Sadowsky for the information. Mr. Sadowsky said that the City should give businesses time to show that competition does work, he now has a non - smoking area in the Breakfast Club and he is against the ordinance that is coming before Council tonight. Mrs. Linda Larsen spoke in favor of the ordinance. Jenny Orr from Fannys on the Beach spoke against the proposed ordinance saying that the City would be violating her rights as a business owner. The customers have a choice of whether to come in to a business or go somewhere else. Lee Hughes and Aaron Bushbaurm spoke in favor. Ms. Sylvia Mananice of the Cancer Society asked Council to vote in favor of the ordinance. Mrs. Alice Martin stated that she is an ex- smoker and is opposed to the ordinance because the City cannot enforce the animals on the beach ordinance. Let the public decide where to go eat. Mr. John Jarvis said that he used to smoke and that secondhand smoke has never hurt him and that by passing the ordinance you will make smokers feel like criminals. Mr. Carl Looper and T.C. Powers asked permission to hold the Gone with the Wind Classic Kite Contest on Tybee March 4th and 5th from the Desoto north to the curve, and to able to place port -o -lets near the anchor at the curve. Councilmember Jackson moved for approval of the event. Councilmember Remeta seconded. Councilmember Hughes said that the port -o -lets should not be seen from the highway. Vote by Council was unanimous. Councilmember Remeta said it was his pleasure to present to SPO Jonathan Hagan and Gene Maxey Certificates of Appreciation for a job well done on the capture of two wanted persons in the State of Louisiana, November 18, 1995. A Resolution from CAGA was read thanking Tybee Island for the Bud Light Volleyball Tournament held this past August and that CAGA will continue to support Tybee. Mrs. Sallie Day said that she is not here to complain about the Community House but she has been appointed by a large group of citizens, and understands that there is no charge now, but the clubs want to do their part. Councilmember O'Dell has a pump and Chris Solomon will show how to use it. Mrs. Day said that the City should charge a security deposit or a cleaning fee for anyone, even the residents who use the building, and this money should be put aside for improvement and for matching fund grants. Mayor Locklear asked Mrs. Day if she would be the contact person. 1 1 1 Mrs Day stated yes. Councilmember Remeta appointed Charlie Masterpolis to the Sign Committee to replace Bert Barrett, Jr. as he is now serving on the Planning Commission. He appointed Linda Larsen to the Zoning Task Force to replace Dennis Counihan who has other commitments at this time. Mr. Ivan Lee Morse, Jr, of SCAD asked permission to use the North Beach parking lot on April 3 - 7 in order to paint a large scale painting on paper, on the ground. If Council approves this painting would be in the World Book of Records as the largest painting, 80,000 square feet. Councilmember Youmans said that is 4 days of parking revenue lost, if the weather is decent. Councilmember O'Dell said that the lot is usually not open in April, but has the field behind the Lighthouse been looked into as a site for the painting. Mr. Morse said yes, but it is not big enough. Councilmember Jackson said to turn this over to the committee. Councilmember O'Dell moved for approval of the event. Councilmember Hughes seconded. Vote by Council was 4 in favor (Hughes, Remeta, Wildi, O'Dell); 2 opposed (Youmans, Jackson). Mr. John Jarvis asked how the City got permission to open 19th Street and that it should be left open after the renourishment project is over. Mayor Locklear replied that 19th Street was open to facilitate the construction of the Campbell groins at the South point. The Council will consider making 19th Street area into a City park. Mr. David O'Leary spoke against the Marshlands Protection Ordinance that is to come before Council tonight stating that it is unfair and that the City should approach it with caution. Mallory Pearce spoke in favor of the ordinance stating that the City took it from the Coastal Wetland State Law. Councilmember O'Dell said that he could not believe that Council would even consider this ordinance. Councilmember Youmans said this ordinance has nothing to do with Tybee Island, just with building and he can not see taking land from people. Councilmember Hughes said that she objected to all the tabling of ordinances when residents come down to speak for or against. Councilmember Remeta stated that we don't need anymore responsibility than we already have, let the DNR and the Army Corp of Engineers handle the marsh lands. Mayor Locklear opened the Public Hearing on a petition made by Alvin and Joyce Davis for a set back variance at # 2 14th Street, PIN 4- 7 -6 -3. The Mayor read a letter dated December 9, 1973 about a variance of 10 feet for Mr. Davis. Mr. Davis said that he thinks there has been an misunderstanding about what he proposes to do in the setback. He is not building a garage apartment but a bedroom addition to his home. No one spoke for or against the petition. Mayor Locklear closed the hearing. Councilmember Jackson moved to approve the variance. 1 1 1 Councilmember Remeta seconded. Vote by Council was 5 in favor (Youmans, Remeta, Wildi, O'Dell, Jackson); 1 opposed (Hughes). Mayor Locklear opened the Public Hearing on a petition made by Mr. John Remion, 12 Van Horn, PIN 4 -3 -9 -5 for approval of a Site Plan Review. No one spoke in favor. Mr. Jim Kluttz spoke against. Planning Commission Chairman Richard Frankenhauser said that they tabled any recommendation to Council because 5 points have not been addressed on the engineering plans. Mayor Locklear closed the hearing. Councilmember Jackson motioned to table. Councilmember Wildi seconded. Vote by Council was unanimous. Listen to tape for information on Marshlands Ordinance. Councilmember Jackson said that up until tonight he was in favor of the non - smoking ordinance, but maybe we should look into ventilation and moved to table. Died for lack of a second. Councilmember O'Dell moved to scrap the ordinance. Councilmember Wildi seconded. Councilmember Hughes said that alot of people have expressed their concerns, and that business owners should decide who to serve. They are responsible and this ordinance could not be enforced. Councilmember Remeta said that he goes off the island to places that have non - smoking areas because smoke does effect him and this ordinance would be hard to enforce. Councilmember Wildi stated that this is a hard decision but feels that government involvement in this area does not belong. Vote by Council was 5 in favor to deny (Hughes, Remeta, Jackson, Wildi, O'Dell); 1 opposed (Youmans). Councilmember Youmans read the Leisure Service Fee Policy and moved for acceptance. Councilmember Wildi seconded. Councilmember O'Dell said he would like to make an amendment to the motion stating that a refundable deposit be required by residents in the amount of $100.00 for Memorial Park and $50.00 for Community House. Councilmember Hughes seconded the amendment. Vote by Council on the amendment was 3 in favor (O'Dell, Hughes, Remeta); 3 opposed (Wildi, Youmans, Jackson). Mayor Locklear broke the tie by voting in favor of the amendment. Vote by Council on the main motion was 5 in favor (Hughes, Remeta, Wildi, O'Dell, Jackson); 1 opposed (Youmans). Councilmember Youmans said that he opposed because of the amendment. Bills for the month of January were reviewed, found in order and recommended to be paid as follows: General Government 44,783.36 Police 82,356.48 Fire 6,907.53 Public Works 66,917.50 Sanitation 27,038.70 Recreation 3,485.10 Parks /Buildings /Stands 647.00 Lifeguards 3,723.77 Parking 21,464.22 Water /Sewer 96,855.14 1 1 Fund 3 Streets /Roads 986.47 Recreation /Storm Drain /Util 1,470.90 Beach Renourishment 2,988.00 Councilmember Jackson motioned to approve Section 6 -3 -1 Water and Sewerage charges on its first reading. This ordinance would raise the water from $.65 per thousand to $1.00 per thousand. Councilmember Wildi seconded. Councilmember Youmans said that if we were in the red we would have not gotten the bond issue. Mayor Locklear stated that this increase had nothing to do with the already passed bond. In fact, Mr. Battle from Dean Witter, the bond issuing firm, recommended a 5% increase in water sewer rates for 1994 and thereafter. We did not follow the expert guideline; thus we need now to keep water /sewer budget in the black. If we didn't, the State will make us. Vote by Council was 4 in favor (Hughes, Wildi, O'Dell, Jackson); 2 opposed (Remeta, Youmans). Councilmember Wildi moved to accept a bid from I Am Construction in the amount of $53,460.00 for storm drainage on Lovell Avenue from Second Street north. She stated that if the highway has to be jack and bored, it could cost an additional $13,000.00 or more. Councilmember Jackson seconded. Vote by Council was unanimous. Councilmember O'Dell moved to approve a request from Pritchard Marketing for Pro Beach Roller Hockey for August 4, 5, and 6th based on information the City will request from sponsor. Councilmember Wildi seconded as long as Councilmember O'Dell stays on top of project. Vote by Council was unanimous. Council moved to approve a street name change on Dunns Island from South Campbell to Horse Pen Point Drive. Councilmember Jackson moved to go into executive session to discuss MRS and Land Acquisition. Councilmember Wildi seconded. Vote was unanimous by Council. The Mayor reconvened the meeting and Councilmember Jackson moved for adjournment as there was no further business to come before Council. Mayor James P. Locklear Clerk of Council, JRB 1 _B 08 '95 01 :08PM SAVANNAH CHAM.COMM. P.2 COASTAL AREA GAMES AUTHORITY 222 W. 0.tethorpe Avenue, Suite 100 Savannah, Georgia 31401 Phone: (912) 944 -0444, Ext. 341 • Fax: (912) 944 -0468 RESOLUTION This resolution passed by the Board of Directors of the Coastal Area Games Authority (CAGA) on the 26th day of October, 1994; WITNESSETH: WHEREAS, the Coastal Area Games Authority was created in July, 1993 to promote infrastructure improvements, aesthetic and environmental enhancements, visitor attractions and small business development, and to develop funding and implementation strategies for all of the foregoing in preparation for the 1996 Olympics; and WHEREAS, beach volleyball has been selected as a demonstration sport and competition for the 1996 olympics; and WHEREAS, Tybee Island had been tentatively identified as the probable venue for the beach volleyball competition; and WHEREAS, the Tybee Island beach volleyball committee successfully conducted a four -man volleyball tournament under the sponsorship of Budweiser; and WHEREAS, the selection of Tybee Island as the venue for beach volleyball would have substantially contributed to achievement of the objectives for which the Coastal Area Games Authority was created; NOW, THEREFORE, BE IT RESOLVED that the Coastal Area Games Authority recognizes and commends the effort put forth by the Tybee Island beach volleyball committee, the City of Tybee Island and the citizens of Tybee, supported by Chatham County, the City of Savannah, the Savannah Sports Council, SOSCO and others, in co ducting such a successful event and visibly demonstrating not only'the capability but the enthusiasm that they could apply to such a challenging opportunity. IT IS FURTHER RESOLVED that the Coastal Area Games Authority, in accordance with its objectives, will continue to .seek funding for the infrastructure and other enhancements identified by the City of Tybee Island in their continued preparation for the 1996 Olympics. IT° IS FTJRTRER RESOLVED that beach volleyball organizations and hierarchy at the national level will be advised of this commendation and the opportunity that this community effort offers for marketing Tybee Island as a site for future volleyball event C. Willie Chairman B 1 7a es, I Vice Chairman Curtis V. Cooper Secretary /Treasurer v, 02 -08 -95 03:52PM P03 ee "Or 1 1 1 CITY POLICY: LEISURE SERVICES FEES These fees are intended to defray some of the costs of operating and maintaining public facilities, i.e., cleaning, utilities, etc. Community House, Recreation Building in Jaycee Park, Other Buildings Single Use, Nonresident $65 each use. Single Use, Resident $50 Refundable Deposit. Monthly Use Local Nonprofit Group No Charge. One meeting per month, reserved after booking. Monthly Use, Nonresident Group $65 per month. Reserved after booking & payment. Weekly Use, Nonresident Group $65 per month, after booking. Weekly Use, Resident Group No Charge. Reserved after booking. Memorial Park Pavilion Nonresident: All Day $125 Resident, single use - $100 Refundable Deposit. Local Nonprofit Groups - No Charge. Other Nonprofit or School Groups - No charge for occasional use. RULES: -- Reserved after booking. Payment in advance of use. -- Limited to once per week reserved for a 3 -month period in advance. More than once per week will depend upon availability. - -Local nonprofit groups must register at City Hall, including the name, address & phone number of the person in charge. -- Everyone will be required to leave the reserved premises clean or will be billed for cleaning. 1 1 1 R E S O L U T I 0 N WHEREAS, The Mayor and Council of the City of Tybee Island, in Section 3 -2 -70 of the Tybee Island Code of Ordinances, specifically reserved the option to establish exemptions or reductions of occupation taxes for the purposes of attracting businesses and encouraging the island's economic development; and WHEREAS, Code Section 3 -2 -70 further states that City Council's reasons for so doing shall not be arbitrary and capricious, and shall be set forth in Open Meeting by subsequent ordinance or resolution; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED by the Mayor and Council in Open Meeting Assembled, that the Tybee Island business and occupational taxes for fiscal year 1995 be modified by the following provisions: A) In order to encourage Tybee's Senior Citizens' to take an active and healthy interest in local commerce, the $10 administrative fee on occupational taxes shall be waived for all Tybee citizens of 62 and older; and B) Because the City Council believes that the small business operators in the service industries play a vital role in the local island economy and are essential to the high quality of life enjoyed by Tybee Islanders, the following Light Businesses will be subject to 1995 occupational taxes as follows: -- Alterations /sewing businesses meeting the zoning definition and general provisions for "home occupation ", $100.00. -- Beauticians /Barbers - single chair $100.00; second chair $50.00. - - Janitorial /House Cleaning - $100.00 for a single practitioner; additional employee $50.00. - -Lawn Care /Gardening - $100 for a single practitioner; $50.00 for an additional employee. - - Long -term Apartment Rentals by Owner - No charge for one apartment; $100.00 for two apartments; more than two apartments - $200.00. - -Sign Painter - $100 for a single practitioner; $50 for each additional employee. AND BE IT FURTHER RESOLVED THAT for the purposes of this resolution the following definitions will serve: -- "Employee" is defined as a paid worker from whom FICA, federal & state taxes are withheld. -- "Light Business" is defined as a retail or service establishment that operates a low impact business and has less than five (5) employees working at any one time. This day of , 1995.