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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
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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
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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.
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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
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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
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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
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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