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HomeMy Public PortalAbout19951109CCMeeting1 1 1 1995- 11 -09. November Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, November 9, 1995 at 7:30 P.M. in the City Hall Auditorium. Mayor James P. Locklear presided. The following members of Council were present: Katrina Hughes, Jack Youmans, William Remeta, Phil O'Dell, Mariann Wildi, and Paul Jackson. City Attorney Edward Hughes was present to represent the City in legal issues. Mayor Locklear called the meeting to order and congratulated the newly elected officials. Reverend Lee Bennett gave the invocation. Mayor Locklear asked for a moment of silent prayer for Mr. Lamar Fields and Mr. George Spirides. The Pledge of Allegiance was recited by all. Mayor Locklear opened the meeting for business legally presented to Council. The Mayor announced that the Mayor's Christmas Motorcade will be held on 13 December at the Georgia Regional Hospital. A box for new, unwrapped gifts will be at City Hall for any and all donations. Mayor Locklear read a Proclamation for Mr. James H. Sheley as Veteran of the Year. Councilmember Jackson moved to accept the minutes as presented. Councilmember Wildi seconded. Vote by Council was unanimous. Ann Carol Trammell asked for a one day special beer and wine permit for the Taste of Tybee Festival to be held on April 13, 1996, with a rain date of April 20th. Councilmember Hughes moved to approve the request. Councilmember Wildi seconded. Vote by Council was unanimous. Mayor Locklear gave a report on the start of construction on the pier /pavilion as sometime mid December, with the opening in May of 96. Councilmember Youmans asked about the authority that was supposed to be set up with Chatham County and Tybee Island officials and residents. The Mayor said that Chatham County would run the pier like a special enterprise type of thing, with County money being used to operate the pier. Mayor Locklear said that there is a board of citizens with the name of "Fairness in Taxation" being formed, they are not going to let this assessment thing go. Mayor Locklear opened, closed and asked for comments on the following Public Hearings. 1. Councilmember Katrina Hughes presented the proposed 1996 budget to the Mayor and City Council stating that expenditures are $129,196.00 over the proposed revenues in the General Fund. The 1996 proposed budget for Water Sewer is balanced at $1,023,641. Councilmember Hughes said that she has met with all department heads concerning cuts to their budget. After a lengthy 1 1 1 discussion by Council and residents Councilmember Jackson moved to continue the hearing until the December meeting. Councilmember O'Dell seconded. Mayor Locklear said that a workshop is needed. The workshop will be held on Thursday, 16 November at 7:30 P.M. Vote by Council was 5 in favor (Youmans, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Hughes). 2. Mr. David O'Leary presented his petition for lot reduction on Bay Street, this is a recombination of 18 lots into 8 lots. PIN 4- 21 -9 -1. Councilmember Youmans moved to approve the request. Councilmember O'Dell seconded. Vote by Council was 5 in favor (Hughes, Youmans, Remeta, O'Dell, Wildi); 1 opposed (Jackson). 3. City Attorney Hughes stated that State law requires municipalities to adopt a new ordinance or a resolution to continue with the present ordinance by December 31, 1995. Councilmember Youmans moved to adopt the resolution on the Business and Occupation Tax ordinance. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Jackson moved to reschedule the December Council meeting for December 7th at 7:30 P.M. because of the 24th Infantry Band holding a Christmas concert on December 14, 1995. Councilmember Remeta seconded. Agenda Prep will be at 6:30 P.M. on December 7th. Vote by Council was unanimous. Bills for the month of October were reviewed, found in order and recommended to be paid. Mayor Locklear said hearing no objections they stand approved. General Government - 68,444.74; Police - 67,018.01; Fire - 5,074.98; Public Works /Sanitation - 87,343.61; ECCA - 10,408.05; Water /Sewer - 67,658.29; Fund Three - 32,253.36. Zoning Administrator Byers presented Council with copies of the Maritime District ordinance. Mayor Locklear said that the ordinance is modified and somewhat changed since another workshop was held with the property owners effected by the ordinance. Ms. Byers read the changes. Councilmember Hughes said that business license should be mentioned in the ordinance. City Attorney Hughes said that he agrees with Councilmember Hughes and that we can asterisk and reference back to Title 9, Chapter 1. Councilmember Youmans asked how this will effect the existing businesses. Attorney Hughes answered not at all. Councilmember Youmans said unless the business changes, the Federal Marshals have control of the waterfront. Councilmember Hughes moved to adopt on first reading with the changes mentioned by City Attorney Hughes. Councilmember Jackson seconded. Voting in favor were Hughes, Wildi, Jackson. Voting opposed were Youmans, Remeta, O'Dell. Mayor broke the tie by voting in favor. Second reading will be at the December Council meeting. City Attorney explained that the asterisk would be for cross reference only on businesses that are not already addressed in Title 9 of the code. Mr. Keshavji Gala presented a petition for a site plan review and a height variance for the Ocean Comfort. City Attorney Hughes stated that he did not have a copy of the new zoning 1 1 1 ordinance. Mrs Dottie Kluttz said that she would like the height portion of the new ordinance read out loud. City Attorney Hughes agreed that the height is set at 35 feet, but there are setback regulations included in the ordinance. He stated that each councilmember has the criteria for a variance in front of them. Mrs Kluttz said there is no hardship shown. She said that we have a new ordinance and feels that the Mayor and Council should up hold it as written. It is very clear that the height limit is 35 feet. Mr. Keshavji said that the land is reduced by 1/3 because of the dunes. Councilmember Youmans moved to approve the height variance. Councilmember O'Dell seconded. Councilmember Youmans stated that what's a hardship to one person might not be a hardship to others and that the dunes are way over on this property. Councilmember Hughes said she thinks it is wonderful and this is what Tybee has been striving for in businesses. Councilmember Jackson called for the question. Councilmember Youmans seconded. Vote on the question was unanimous. Vote on the main motion was 3 in favor (Hughes, Youmans, Wildi); 2 opposed (Jackson, Remeta). Mr. O'Dell abstained because of interest. Councilmember Hughes moved to accept the site plan. Councilmember Youmans seconded. Vote by Council was 3 in favor (Hughes, Youmans, Wildi); 2 opposed (Remeta, Jackson). Councilmember O'Dell abstained. Councilmember Hughes moved to adopt the amendment to the land use plan Title 8, Article 2, Section 1 Definitions- Privacy Fence on second reading. Councilmember Jackson seconded. Vote by Council was 5 in favor (Hughes, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Youmans). Ord. 1995 -15 Councilmember Hughes moved to adopt the amendment to the land use plan Title 8, Article 3, Section 16 Protective Screening of adjacent residential property on second reading. Councilmember Jackson seconded. Vote by Council was 5 in favor (Hughes, Youmans, O'Dell, Wildi, Jackson); 1 opposed (Remeta). Ord. 1995- 16 Councilmember Jackson moved to adopt Section 2 -4 -6 (e) through (q) Drug and Alcohol testing on its first reading. Councilmember Hughes seconded. Councilmember Youmans asked how employees will be chosen. City Administrator Fripp said that this ordinance is necessary because of federal monies that the City might receive and that it is mandated by law for certain types of employment. The City will have no control over who is chosen to be tested, the lab will do it all, and only one person on site will know who to send about 30 minutes before sending them. Voting in favor were Jackson, Hughes, Remeta, Wildi; opposed Youmans and O'Dell. Councilmember Hughes moved to adopt Section 5 -3 -1 through 6 Property Maintenance Ordinance on its first reading. Councilmember Jackson seconded. Councilmember Jackson withdrew his second and moved to table until the December meeting. 1 1 Councilmember Hughes moved to approve the Christmas bonus for City employees, firefighters and 3 parttime employees. Councilmember Jackson seconded. Vote by Council was unanimous. The qualifications for a City Manager were tabled until the December meeting. Councilmember Youmans moved to accept a proposal for the gym complex plans from Michael Griffin. Councilmember Remeta seconded. Councilmember Youmans said that this has been going around for three or four months and that the City has $77,000.00 in the gym fund, with $1,000.00 added each month from the cellular phone lease. Alice Martin stated that the kids at Tybee need a lot of things, the City has $300,000 invested in the old school, Memorial Park floods, J.C. Park is not in good shape, please look at the needs and also the operating expense for a gym. Roy Valenti said if we are going to put this proposed gym in the park then we would not have much park left, also there is talk of recycling bins and a parking lot. Councilmember Remeta said that recreation activities needs to be centralized and that a gym fits into the park area. Walter Parker said why doesn't the City wait and see what the Catholic Diocese of Savannah says about joint use of Saint Michael's gym. Councilmember Remeta said that we always sell our kids short. Mayor Locklear said there are opportunities with the YMCA. Councilmember Wildi asked the cost of a gym. Councilmember Youmans said he did not have figures. City Attorney Hughes said that the City would have to advertise for bids on a gym. Vote by Council was 3 in favor (Youmans, Remeta, Jackson); 3 opposed (Hughes, O'Dell, Wildi). Mayor Locklear broke the tie by voting against the proposal. Councilmember Hughes moved to send to ECCA committee for a total price. Councilmember O'Dell would be better to have a Council workshop and so moved. Councilmember Hughes agreed. Vote by Council was 4 in favor of a workshop (Hughes, Wildi, O'Dell, Jackson); 2 opposed (Youmans, Remeta). Mayor Locklear read a letter from the Optimist Club praising the Police Department. Councilmember Jackson moved to allow Mr. Chris Chandler to relocate the curb cut at 708 1st Street. Councilmember O'Dell seconded. Vote by Council was unanimous. City Council went into executive session to discuss possible law suits. The regular Council meeting was adjourned as there was no further business to come before Council. Mayor James P. Locklear Clerk of Council, JRB P R O C L A M A T I O N WHEREAS, James H. Sheley is a veteran of the United States Army Air Force, retiring as a Master Sergeant with thirty - two years service and a twenty- five -year Civil Service Rating; and WHEREAS, James H. Sheley entered the Army Air Corps in April 1943 and served in France and Germany, returning to the States in April 1946; and WHEREAS, Mr. Sheley, a citizen of Tybee Island residing in the Fort Screven area, has been a member of the American Legion for forty -seven years, holding all offices from Junior Vice Commander to Commander; and WHEREAS, his American Legion Post 184 has also honored him by naming him "Mr. Legionnaire" in 1985 and granting him a life membership; and WHEREAS, James H. Sheley is currently serving as First District Chaplain and Chairman of the Americanism Committee, and has been named Chatham County Veteran of the Year, an honor bestowed by the Veterans Council of Chatham County; NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED THAT VETERAN'S DAY, SATURDAY, NOVEMBER 11th, 1995 IS "JAMES H. SHELEY DAY" IN TYBEE ISLAND, GEORGIA; and BE IT FURTHER PROCLAIMED THAT ALL TYBEE CITIZENS BE URGED TO JOIN WITH THE MAYOR AND COUNCIL IN HONORING " JIMMY" FOR HIS PATRIOTISM AND FOR MANY ACCOMPLISHMENTS AS A TYBEE ISLAND CITIZEN. THIS 9TH DAY OF NOVEMBER, 1995. uAJ(IT,ellrum,_csJ 'CLE OF â–ºCOUNCIL 1 1 1 WHEREAS, WHEREAS, WHEREAS, R E S O L U T I O N the City of Tybee Island has adopted a business and occupation tax method and schedule in accordance with Georgia law, and Georgia law requires that the City reconsider its method of taxation schedule during 1995, and the Mayor and Council of the City of Tybee Island conducted appropriate public hearings and reviewed its business and occupation tax ordinance in accordance with law. NOW THEREFORE, be it resolved and it is hereby resolved by the Mayor and Council in open meeting assembled that the ordinances on business and occupation taxes, Tybee City Code Section 3 -2 -51, et. seq. are readopted as the business and occupation ordinance for the City of Tybee Island with all changes and amendments thereto, and further that the revenue generated by such taxes and fees be spent for the purposes designated in the ordinance and the budget for the City of Tybee Island. SO ADOPTED THIS DAY (211.11 1995. ATTEST: James P. Locklear, Mayor Jacquelyn R. Brown, Clerk of Council 1 1 1 Ordinance # 1995 -16 Be it ordained, and it is hereby ordained by Mayor and Council in Open Meeting assembled, that Title 8, Article 3, Section 16 Protective Screening paragraph (e) be deleted in its entirety. 3 -160 PROTECTIVE SCREENING OF ADJACENT RESIDENTIAL PROPERTY In order to provide adequate protective screening for residential districts near or abutting non - residential areas, the following regulations shall apply to all new commercial development: (A) Where a commercial district abuts directly upon a residentially zoned district, arboreal landscaped greenbelt not less than twenty (200) feet wide shall be provided and properly maintained along its entire length by the users of the commercial property. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set further than ten (10) feet apart at any given point along the greenbelt. (B) The area beneath and between the planted trees shall be well -kept lawn free of foreign debris and un- managed undergrowth. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. (C) All planting plans shall be first submitted to the Planning Commission during the commercial site plan review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this ordinance. (D) Where there is not adequate space to provide such a tree lined buffer a ten (10) foot arboreal greenbelt shall be provided with a well maintained ornamental masonry wall or privacy fence no less than six feet in height above grade set back ten feet from the property line. (E) In no case shall a grease trap, garbage dumpsters, containers, or cans be placed within thirty (30) feet of a property line abutting a residential land use. Adopted this 9th day of November, 1995. Mayor James P. Locklear Clerk of Council, JRB 1 1 Ordinance 1/ 1995 -15 Be it ordained, and it is hereby ordained by Mayor and Council in Open Meeting assembled that Title 8, Article 2, Section 1 Definitions (101) Privacy Fence be deleted in its entirety and a new definitions titled and numbered the same be inserted in its stead to read as follows: _ TITLE 8, ARTICLE 2, SECTION 1 (101) DEFINITIONS PRIVACY FENCE - WOOD, METAL OR MASONRY STRUCTURE NOT LESS THAN SIX (6) FEET AND NOT GREATER THAN EIGHT (8) FEET IN HEIGHT FROM AVERAGE ADJACENT GRADE. Adopted this 9th day of November, 1995. Clerk of Council, JRB Mayor James P. Locklear