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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).
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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.
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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.
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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
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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
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_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
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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.
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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.