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1995- 10 -12. Council Meeting
The Tybee Island City Council held its regular monthly
meeting on Thursday, October 12th with Mayor James P. Locklear
presiding. The following members of Council were present: Katrina
Hughes, Jack Youmans, William Remeta, Phil O'Dell, and Mariann
Wildi. Councilmember Paul Jackson was absent. City Attorney
Edward Hughes was present to represent the City on legal issues.
Mayor Locklear called the meeting to order. Mayor Locklear
introduced the new pastor of Saint Michael's Church, Father John
Fitzpatrick, who is a native of Savannah, and has spent the past
20 years in Augusta. Father Fitzpatrick gave the invocation.
Mayor Locklear led the Pledge of Allegiance.
Mayor Locklear opened the meeting for business legally
presented. Councilmember Wildi moved to accept minutes from the
previous meetings. Councilmember Hughes seconded. Vote by Council
was unanimous.
Mayor Locklear introduced a close and personal friend,
Brigadier General Dieter Kellein, from Bonn, Germany.
Mr. Jeff Mosley, Georgia District Director of ESA requested
permission to hold surfing events on October 14th and November
18th, with rain dates to be October 15, 21, 22, 28, 29 and
November 19, 25, 26 and December 2, 3. Mr. Mosley also asked
about using the North Beach area. Councilmember Hughes moved to
approve on the condition that Councilmember Remeta discuss these
events with the chief, and that Mrs. Brown makes sure that the
area is available. Councilmember Remeta seconded. Vote by Council
was unanimous.
Ms. Ann Carol Trammell, representing Xi Delta Chi Sorority,
asked permission from Council to hold the Second Annual Taste of
Tybee on April 13, 1996 in Jaycee Park, with a rain date of April
20, 1996. Ms. Trammell said the theme is Dream Catcher and that
proceeds will go to the Marine Science Center. Councilmember
Wildi moved to approve. Councilmember Remeta seconded. Vote by
Council was unanimous.
Sgt. Larry Lowers, TIPD, presented Matt Cary with a plaque
naming him as Explorer of the Year. Sgt. Lowers also asked
permission for the Peddle with the Pigs event to be held on
October 21, 1995. Councilmember Hughes moved to approve, with
Councilmember Remeta seconding. Vote by Council was unanimous.
Mr. Jim Kluttz introduced Mr. Bob Ciucevich, who has been
hired by the Tybee Historic Society to do a survey of the entire
island for historic districts. Mr. Kluttz said that three area
mentioned so far are the Strand, the business district and the
back river. Mr. Kluttz said that there are tax benefits for
persons who restore their property and that we need to make the
public aware of what we have on the island.
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Ms. Sue Brockway of the Marine Science Center asked Council
if they could use a City tractor and trailer for a beach hayride
for the volunteers that have worked at the Center. The date and
time would be November 19 from 5 to 7 P.M. Councilmember Youmans
questioned the liability insurance. City Attorney Hughes asked if
City personnel would be involved. Ms. Brockway said that the
Center had planned to pay the employee. City Attorney Hughes said
that he would check with GIRMA. Councilmember Wildi said that
Superintendent Pye has no problem with request. Councilmember
Wildi moved to approve the request contingent on City Attorney
findings from insurance company. Councilmember O'Dell seconded.
Vote by Council was 4 in favor (Hughes, Youmans, O'Dell, Wildi);
1 opposed (Remeta).
Mayor Locklear presented a request from Mr. Red Ball to have
the Saint Jude's Bike a thon on October 21st from 9 A.M. until 2
P.M. The event will be held around the Memorial Park area.
Councilmember O'Dell move to approve. Councilmember Wildi
seconded. Vote by Council was unanimous.
City Administrator Fripp explained the request from the YMCA
to hold the Pumpkin Patch event in the park for family on October
28th and for schools on October 30th and 31st. Councilmember
Youmans asked what is the charge,and the hayride can not be on
the beach. Councilmember Wildi moved to approve, with
Councilmember O'Dell seconded. Vote by Council was unanimous.
Mr. John Jarvis said that more publicity is needed on the
Charter question on the November ballot. Mayor Locklear read the
question that will appear on the ballot. Councilmember Hughes
said that the manager position is the only major change and the
rest is only to update our present Charter by bringing it into
compliance with the State of Georgia laws and regulations.
Councilmember Youmans said that the whole Charter has been
changed without input from citizens or the Council.
Dr. Don Bohannon questioned the repair and construction of
the dune crossover at the end of 7th Street with seating area.
Mayor Locklear said that the residents have requested seating so
that they can sit and watch the ocean. If you see a problem
developing please call the police.
Mayor Locklear opened and closed the following Public
Hearings according to rules of procedures.
1.) Zoning Administrator Byers read the Maritime District. Mrs.
Iris Scarbrough said that they did not ask Tybee Island to annex
their marina and that they are responsible adults and do not need
for people to tell them how to run their business. Mrs.
Scarbrough requested that this be tabled until her lawyer can
review. Mr Michael Scarbrough said "Passenger Cruise Lines" is
not fair and it is not fair to restrict his business. Mr.
Scarbrough said that the Planning Commission recommended to
remove passenger cruise line and replace with "by rights ". Mayor
Locklear asked if anyone else would like to address this issue.
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Councilmember Youmans moved not to accept and to leave whole area
as C -2. Councilmember Remeta seconded. Councilmember O'Dell moved
to table, have another workshop with Council and the property
owners. Councilmember Youmans seconded. Vote by Council was
unanimous.
2.) Mr. Keshvji Gala presented the petition for Mr. Navin Shah,
404 Butler Avenue, PIN 4- 4 -20 -1 on the Site Plan review and a
Height variance for a 80 room motel, 3 stories high. Mr. Jim
Kluttz asked what is the height? Chairman Richard Frankenhauser
said that the petition started out at 48 feet but was adjusted to
44.4 feet. Ms. Susan Delany said that the City is always doing
things backwards. Developers know what our laws state when they
come in with request. Councilmember Hughes moved to table, send
back to the planning Commission with a true set of plans.
Councilmember Wildi seconded. Vote by Council was 3 in favor
(Hughes, Youmans, Wildi); 2 opposed (Remeta, O'Dell).
3.) Mr. Jim Stoeffler presented his petition for a Minor
Subdivision at 1201 Bay Street, PIN 4- 21 -16 -5. No one spoke for
or against. Councilmember Hughes moved to approve. Councilmember
Youmans seconded. Vote by Council was unanimous.
4.) Amendment to Land Use Plan - Definitions Privacy fence.
Amendment is "not to exceed 8 feet in height ". Mr. Tom Bradley
asked if this was the neighborhood marina. Mayor Locklear said
this addresses dumpsters. Councilmember Hughes moved to accept
amendment. Councilmember Youmans seconded. Vote by Council was
unanimous.
5.) Amendment to Land Use Plan - Section 16 Protective Screening
of Adjacent Residential Property. Zoning Administrator explained
that when adopting the solid waste ordinance last month, the
section concerning setbacks was deleted. We need to delete (e)
from protective screening. Councilmember Hughes moved to accept
amendment. Councilmember Youmans seconded. Vote by Council was
unanimous.
The bills for September were reviewed, found in order, and
recommended to be paid. The Mayor stated that hearing no
objection, so be it. General Government - $38,446.28; Police -
$58,769.81; Fire - $6,905.42; Public Works /Sanitation -
$59,375.16; ECCA - $18,685.89; Water /Sewer - $50,013.07; Fund
Three - $61,394.30.
The following ordinances were presented for second readings:
1.) Land Use Plan - Neighborhood Marina. Councilmember Hughes
moved to adopt. Councilmember Youmans seconded. Vote by Council
was unanimous.
2.) Code Section 5 -2 -22 Storage Practice (a) Preparation of
refuse. Councilmember Youmans moved to accept. Councilmember
Hughes seconded. Vote by Council was unanimous.
3.) Code Section 5 -2 -22 Storage Practices (b) Commercial refuse.
Councilmember Hughes moved to adopt. Councilmember Wildi
seconded. Councilmember Hughes moved to amend the wording by
adding "nor more than eight (8) feet" after not less than six (6)
feet. Councilmember Wildi seconded. Vote by Council was
unanimous.
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4.) Code Section 5 -2 -1 Definitions Privacy Fence. Councilmember
Hughes moved to adopt with the wording of "not to exceed eight
(8) feet ". Councilmember Youmans seconded. Vote by Council was
unanimous.
Councilmember Youmans moved to table Ordinance Section 2 -4 -6
(e) through (q) until the November Council meeting. Councilmember
Hughes seconded. Vote by Council was unanimous.
Councilmember Youmans moved to table property maintenance
ordinance proposed changes for attorney research. Councilmember
O'Dell seconded. Vote by Council was unanimous.
Councilmember Hughes moved to deny a business license
request for mobile sales from Wilson -N Sons. Councilmember
Youmans seconded. Vote by Council was unanimous.
Councilmember Hughes said that the budget adjustments for
the 1995 fiscal year were done at a workshop between Council and
department heads on October 2, 1995 and moves for approval from
Council. Councilmember Remeta seconded. Vote by Council was
unanimous.
Councilmember Youmans stated that at the September Council
meeting he was requested to hold a committee meeting on the gym
proposal. He gave a report on that meeting. Councilmember O'dell
was suppose to get information from other sources on the price of
a metal building. Councilmember O'Dell said that information
should be in your box and would Councilmember Youmans consider
tabling any decisions on the gym until he can go over proposal.
Councilmember Youmans said that a special called meeting would be
scheduled after committee has seen information. City Attorney
Hughes asked that if a special Council meeting is called that we
add the Business Occupation to the agenda. City Attorney said
that the Business Occupation would have to be advertised as a
Public Hearing, you will need to abide by legal notice laws.
Mayor Locklear said that Cooperative Agreement with Fort
Pulaski has been signed and mailed.
As there was no further business to come before Council the
meeting was adjourned.
Mayor James P.Locklear
Clerk of Council, JRB
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Ordinance # 1995 -10 .
BE IT ORDAINED, and it is hereby ordained, by Mayor and Council in open
meeting assembled, that the Tybee Island Code of Ordinances be amended
by the addition of (G) N-M Neighborhood Marina District in the Land Use
Ordinance Title 8, to read as follows:
(G) N -M Neighborhood Marina District. The purpose of this district is to reserve
those waterfront areas which have value for commercial land uses involving
pleasure and commercial water craft. The N -M district is intended to be used
for neighborhood marina facilities with a modest scale of operation. These
facilities shall be developed so as to be compatible with any adjacent
residential properties and shall not be detrimental to persons or property on
or off the site.
(1) General requirements . A site plan shall be submitted to the Planning
Commission for review and to the Mayor and Council for approval that
meets the requirements of Article V and contains the following
information:
a. A document indicating the general operating hours of all
activities to be included in the marina and what safeguards are
to be used to insure that the marina's activities will not become
or represent a nuisance or hazard to the surrounding property
owners or tenants thereof. -Examples of additional subjects to be
covered shall include, but not necessarily be limited to, probable
flooding, erosion, fire, explosion and subsidence of the
proposed buildings and structures.
(2) Design standards. The development plan shall comply with the following
standards:
a. Access shall be located, designed and improved for safety,
convenience, efficient circulation, on the property and minimum
interference with normal traffic flow on adjoining streets .
Driveways and curb cuts intersecting with public rights -of -way
shall be marked and shall not exceed a maximum width of thirty
(30) feet. Curbs, blockades, bumper blocks or other devices
shall be used to control and channel traffic, to separate
pedestrian ways from vehicular ways, and to prevent entry to
and from adjoining streets except via a designated driveway.
b. Yards shall be provided as required for the adjoining districts
and shall be landscaped and improved in a manner appropriate to
the residential character of the adjacent district; provided,
however, that a street front and residential side setback be a
minimum of five (5) feet with a six -foot minimum height solid
faced and continuous fence, or other structure with no openings
shall be erected and maintained. Any hedge and other screening
structures shall screen the adjoining property from the activities
of the marina.
c. The structure(s) housing the activities of the marina shall not
occupy more than forty (40) per cent of the total lot area.
Article IV Zoning Districts p
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d. Only one principal use sign shall be visible from the adjacent
public street. That sign shall not exceed a maximum size of
thirty -two (32) square feet in area nor eight (8) feet in any
outer dimension. Any sign if illuminated shall be externally lit,
non - flashing and containing no neon illumination. The maximum
height of the sign shall not exceed fifteen (15) feet above the
average ground elevation of the base of the sign or from the
structure foundation to which it is attached. No sign shall be
located closer than five (5) feet to the property line or street
right -of -way.
e. Plans for extensions and /or business expansion will be
accompanied by a detailed proposal and submitted to the
governing body for approval prior to implementation.
f . All structures built within this district shall comply with the same
height requirements specified in Article III Section 9 for R -2.
(3) Uses Permitted by Right after site plan approval. In a N -M
Neighborhood Marina district, land may be used and buildings or
structures may be erected or used for the land uses listed below after
a site plan has been submitted to the zoning administrator, the planning
commission has reviewed the site plan and made comments, and the
Mayor and Council has granted site plan approval at a regularly
scheduled meeting.
a. Boat launching facilities,
b . Bait shops; and
c. Retail sale of boating provisions .
(4) Uses Permitted after Special Review and Site Plan Approval. In a N -M
Neighborhood Marina district, land may be used and buildings or
structures may be erected or used for the land uses listed below after
a site plan has been submitted to the zoning administrator, a truitlie - -j12G
hearing has been held by the planning commission, and the Mayor and
Council has granted approval at a regularly scheduled meeting. At
these public meetings, the proposed land is reviewed under criteria for
both site plan approval and special approval.
a. lounges and package shops, for the retail sale of malt and
alcoholic beverages,
b. Restaurants,
c. Watercraft & equipment rental,
d. Watercraft sales & dry dock storage,
e. Wholesale & retail seafood sales; and
f . Machine repair shops .
Neither a site plan nor special approval is required on internal changes to
existing structures unless it causes or requires external changes to meet the
requirements of this ordinance.
Adopted this day of , 1995.
Clerk of Council
1st Reading: September 14, 1995
2nd Reading:
Enacted:
Mayor James P. Locklear
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Ordinance #1995 -12
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 5, Section 22 Storage Practices (a)
shall be deleted and replaced with a new paragraph titled and
numbered the same to read as follows:
(a) Preparation of Refuse: Residential refuse shall be
placed in uniform roll out carts as provided.
Adopted this day of , 1995.
Mayor James P. Locklear
Clerk of Council
1st Reading:
2nd Reading:
Enacted:
[5-2-22.dft]
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Ordinance *1995-13
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 5, Section 22 Storage Practices (B)
be deleted in its entirety and replaced with new wording, titled
and numbered the same to read as follows:
5 -2 -22. Storage practices.
(a) Preparation of Refuse: Residential refuse shall be
placed in uniform roll out carts as provided.(ORD. 1995 -12;
10/12/95)
(b) Refuse containers.
Commercial refuse shall be placed in a commercial
dumpster of sufficient size to handle the amount of
refuse generated by said commercial establishment. In
the event that a commercial establishment cannot have a
dumpster placed on site, sufficient uniform roll out
carts shall be used.
(1) Commercial dumpsters shall be enclosed by a privacy
fence not less than six (6) feet nor more than 8 feet
in height. Flooring shall be a concrete masonry pad
sufficient to place the required size of the dumpster
on. Enclosure shall be constructed to include cement
filled steel posts with a minimum height of five (5)
feet to be placed three (3) feet from sides of
enclosure. Enclosure shall be a minimum of eleven (11)
feet wide and eleven (11) feet in depth with a front
clearance for gating to be 180 degrees, with an access
lane of no less than 100 feet of unobscured finished
surface. Dumpster flooring shall be place at the same
elevation as finished grade of lot surface.(ORD. 1995-
12; 10/12/95)
(c) Storage of refuse
(1) Each householder, commercial establishment or person
having refuse shall provide himself with approved
refuse containers and shall place and keep all refuse
therein as provided in this article relating to
handling of rubbish.
(2) It shall be unlawful to place refuse in any street,
alley or any other public place, or upon private
property, whether owned or not, unless that refuse is
placed in an approved container, as provided in this
article.
(3)
It shall be unlawful to place refuse in any stream or
body of water, or in any place inconsistent with the
provisions of this article. (code 1970, 8 -18)
Adopted this 12th day of October, 1996.
Mayor James P. Locklear
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Ordinance #
1995 -11
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 5,
Section 21 Definitions be amended by the addition of (7) Privacy Fence to
read as follows:
5 -2 -21. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings ascribed to them in this section:
(1) Apartment, rooming houses, hotels, tourist courts and
motels shall include those facilities licenses as such
by the city in which two (2) or more units are rented
or offered to the public for rental.
(2) Ashes shall mean the residue resulting from the burning
of wood, coal coke or other combustible material.
(3) Disposal shall include the storage, collection,
disposal or handling of refuse.
(4) Family dwelling unit shall mean a structure providing
housing for a collective body of persons forming one
household under a common head.
(5) Garbage shall mean all animal and vegetable wastes
resulting from the handling, preparation, cooling and
consumption of foods.
(6) Person shall include any natural person, association,
partnership, firm or corporation.
(7) Privacy Fence - wood, metal or masonry structure no to
exceed.,s i8) feet in height from average adjacent
g'a�• grade. (ORD. 1995 -11; 10/12/95)
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(8) Refuse shall mean all solid wastes, except body wastes,
and shall include garbage, ashes and rubbish.
(9) Rubbish shall include glass, metal, paper, plant
growth, wood or nonputrescible solid wastes. (Code
1970, 8 -17)
Adopted this 12th day of October, 1996.
Clerk of Council
Mayor James P. Locklear
IN REPLY REFER TO:
United States Department of the Interior
NATIONAL PARK SERVICE
Southeast Field Area
75 Spring Street, S.W.
Atlanta, Georgia 30303
REAFFIRMATION MEMORANDUM
AGREEMENT NO. CA- 5420 -0 -9001
We, the undersigned, have the authority and do hereby reaffirm this
agreement between the National Park Service and the City of Tybee
Island for the purpose of Structural and Wildland Fire Services at
Fort Pulaski National Monument. The original agreement was signed
by John Breen, Superintendent, Fort Pulaski National Monument,
Priscilla Nalls, Contracting Officer, for the National Park
Service, Southeast Region; and the Mayor of Tybee Island, and
Jacquelyn Brown, Clerk of Council, for the City of Tybee Island,
and dated August 22, 1990.
This agreement and all its terms and conditions is to continue in
effect for an additional five years from August 27, 1995 to
August 26, 2000.
NATIONAL PARK SERVICE
Stuart Joh
Superinten
Atlantic Coast Cluster
Contracting Officer
Southeast Field Area
City of Tybee Island
Name:
Title: Mayor
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itl &' Clerk of Council
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