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@ @ITEM 2002 -03 -14 City Council Minutes
Mayor ProTem Walter Crawford called the regular March 14, 2002 Council to
meeting to order at 7:10 P.M. with the following members of Council present: James
Burke, Jack Youmans, Whitley Reynolds, Jason Buelterman and Richard Barrow.
Interim City Manager Jimmy Brown and City Attorney Edward Hughes were present.
Father John Fitzpatrick gave the invocation, which was followed by the Pledge of
Allegiance.
Kathryn Williams made two announcements: Earth Day Beach Sweep, April 13th,
10 A.M., at the Pavilion and the Marine Science Center 1st Auction on April 20th at City
Hall.
Jim Kluttz asked if now was the time to address the Lighthouse issue. Crawford
answered that any discussion on the Lighthouse will be tabled until after a meeting with
GSA.
Pat Locklear said that he was glad to hear that but he wanted to address the
widening of Highway 80. Locklear requested that Council leave out the number of lanes
in the resolution.
Crawford read the Proclamation for Scottish Heritage week and one to honor Iva
Hunter Edmonds on her 90th birthday on March 26, 2002. Council also accepted
proclamation for All Georgia Reads Month, Mule Deer Awareness Day — March 16 and
the Eighth Infantry Final reunion held on March 9, 2002.
Pro Tem Crawford opened, asked for comments and closed the following public
hearing according to the law.
Mr. Allen Ratner presented Council with his request for a setback variance on
Butler side of his property located at 12 Ninth Street, PIN 4- 6 -3 -15, in order to place a set
of stairs. Ratner said that he did a survey of 200 feet and all other houses are closer than
he proposes and trees will cover the stairs from the public view. Community
Development Director Elizabeth Hodges said this is the second time for a variance
request and that the Planning Commission and the City staff both recommends denial.
It was noted that the stairs should have been included in the original design; the variance
would be 8 feet into the 20 -foot setback.
Charlie Goode presented Council with a petition from Susan Invenianato for a
variance for extension of non - conforming structure at 33 9th Street, PIN 4- 5 -24 -6. The
existing house sits nearly on the lot line on the south side and there is a patio on the west
side. Hodges said the Planning Commission and the staff recommends approval.
Arthur Handy requested a variance for an extension of a non - conforming structure
located at 603 15th Street, PIN 4- 10 -2 -9. Handy said he would extend the wall 4 inches
into the setback and that this house was built in 1950. They will add a seconded story
and enclose a porch. Hodges said Handy is correct, this will be a mother -in -law living
area and will not be rented to the public.
Shirley Sessions presented Council with a petition for special review for a bed
and breakfast at 1206 Venetian Drive, PIN 4- 11 -1 -16. Sessions said it will be only one
bedroom and that she meets all the parking requirements. Hodges said the Planning
Commission and the staff recommend approval. The next door resident said no parking
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on her property and no noise. Pat Locklear and Kathryn Williams both spoke in favor of
theB &B.
Gary sander presented Council with a Site Plan Review for a 6 unit multi - family
structure on lots 6 & 7 T.S. Chu Terrace, PIN 4- 9 -3 -11. Sanders said that the structure
falls within The City of Tybee Island's codes and guidelines, the drainage plan has been
approved also. Hodges said there are 2 #11 `s on Chu Terrace and this will be on the
north side where an existing home was demolished. Hodges said this meets all codes.
Sanders told Council that the home was relocated not demolished.
Carrie and Scott Efird requested a front yard setback variance from Council for
1312 2nd Avenue. Hodges said that an oak tree is growing in the footprint of the
proposed structure. The oak tree is old. Hodges said that the Planning Commission and
the staff recommend denial. Mr. Van Winkle, Amy Gaster and Joe Cramer have no
objection to the variance.
City Attorney Hughes explained the proposed zoning text amendment to section
5 -090 Variances stating that this addresses extension for non - conforming use of a
structure. Hughes said it would give staff authority to approve if the addition or
renovation did not encroach further into the setbacks. Burke asked if corrections could
be made tonight? Hughes answered depends on what it is. Crawford said a one -word
correction, no impact on historic district. Hughes said that Hodges requested because
historic is defined in the Tybee codes and deserves a greater level of consideration than
the staff; it helps to define the characteristics of the island. Crawford asked about unique
instead of historic. Hughes said the word unique is subjective and historic is there to
protect the staff with the option of forwarding to Council if it is a close call, the goal of
this amendment is to eliminate the public hearings on these variances. Youmans said that
Council nor staff should tell people that to do with their houses as long as in compliance
with ordinances. Buelterman said to leave as is and if there is problems then look at it
again.
Hodges explained the proposed zoning text amendment for section 3 -090
Schedule of Development — setbacks stating that this concerns the front yard setback as it
could be a hardship, especially if on a corner lot. Hodges said that we don't want to look
like the cutting edge of a saw because it could cause safety issues. Hodges told Council
that commercial would not be included in the average and that this would benefit the
community as a whole. Youmans said he has no problem but that this should cover all
zoning districts.
Hodges presented zoning text amendments on sections 2 -010 B and 3 -151 Fences
and also an amendment to Section 5 -2 -21 Public Works Definitions. What is a fence?
The code and the dictionary are different. Types of material need to be spelled out.
Mayor Pro Tem Crawford called for a recess until 8:25 P.M. Crawford opened
the meeting for business legally presented.
Burke moved to add 3 people to the signature list for State Revolving Fund for
withdrawal purposes. Walter Crawford, Jack Youmans and Jimmy Brown. Barrow
seconded. Vote by Council was unanimous
Burke moved to adopt the consent agenda which contain the minutes from the
February 1 1th and 14th meetings and the Alcohol Beverage License renewals fro
Foster's /Outback Cafe 725 1St Street for Arnie Seyden and Skippers at the Beach 1508
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Butler in the name of Charles Vonashek. Reynolds seconded. Vote by Council was
unanimous.
Burke moved to approve the variance request from Ratner. Barrow seconded.
Vote by Council was unanimous.
Burke moved to approve the variance request from Efird for removing oak tree,
replacing with 2 (up to 4 inches) live oaks, if available, to waive fee, and to allow 3 foot
intrusion into side setback. Reynolds seconded. Vote by Council was unanimous.
Reynolds moved to approve the variance for Invenianato. Burke seconded.
Vote by Council was unanimous.
Burke moved to approve the variance for Handy. Buelterman seconded. Vote
by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow);
Reynolds abstained.
Youmans moved to approve the Special Review for a B & B for Sessions.
Reynolds seconded. Vote by council was unanimous.
Burke moved to accept the Site Plan Review from Diversified Construction for
a 6 unit multi - family structure. Youmans seconded. Vote by Council was unanimous.
Buelterman moved to approve LDC zoning amendment to Section 5 -090
Variances on its first reading. Burke seconded for discussion. Vote by Council was tied
3 to 3. Voting in favor were Reynolds, Buelterman and Barrow. Voting in opposition
were Burke, Youmans and Crawford. Hughes said that no action was taken there will
be no need to advertise for another hearing.
Reynolds moved to approve LDC Section 3 -090 Schedule of Development
Setbacks # 2 on its first reading. Burke seconded. Youmans moved to amend by
deleting last two sentences in # 2. Reynolds accepted amendment. Vote by Council was
unanimous. Hughes informed Council that corner lot is still in ordinances in another
section and will need another zoning text amendment, until that happens, if this passes on
second reading in April, the average applies.
Burke moved to adopt LDC Section 2 -010 (B) and Section 3 -151 Fences and
Section 5 -2 -21 Public Works Definitions on first reading. Buelterman seconded.
Youmans stated that he agrees with the majority of the proposed ordinances, a 4 foot
fence will not keep a dog in the yard. Vote by Council was unanimous.
Burke moved to table any action on the resolution for the Lighthouse until a
meeting is held with GSA. Youmans seconded. Vote by Council was unanimous.
Buelterman moved to approve the parade permit for the Beach Bums.
Youmans seconded. Jiggs Watson said that the parade would be May 24 at 6:30 P.M.
forming at North Beach. Vote by Council was unanimous.
Burke moved to appoint Jason Buelterman to the Green space committee.
Barrow seconded. Vote by council was unanimous.
Reynolds moved to approve the alcohol beverage license for Cafe Del Mar, 15
Tybrisa for Amparo Seab Esco. Youmans seconded. Vote by Council was unanimous.
Youmans moved to adopt Section 3 -2 -20 A through 3 -2 -45 Hotel Motel Tax
on its first reading. Burke seconded. Hughes explained this will bring Tybee into
compliance with the state laws. Vote by Council was unanimous.
Buelterman moved to approve the renewal of the alcohol beverage for Huc -A-
Poo's. Youmans seconded. Hughes said Council is hearing this because of the noise
issue and that an agreement needs to be reached. Eric Thomas said last year they got to
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loud but that there is only one person on a guitar on Friday and Saturday nights and there
has been no complaints this year. Vote by Council was unanimous.
On a motion by Youmans and a second by Burke Council voted unanimously to
adopt the resolution supporting the widening of the Tybee Road U.S. 80.
Burke moved to get the staff to begin an inventory of vacant land under a
recommendation from Reynolds. Reynolds stated that this was done before for another
reason, he will support selling small un buildable portions of land owned by the City in
order to purchase larger lots under the Green space resolution. Barrow seconded.
Vote by Council was unanimous.
Reynolds said that he would like to see a meeting set up with the business
owners at the south end of the island to look at the future needs on parking. Burke
moved to approve the meeting, Buelterman seconded. Vote by Council was unanimous.
Interim City Manager Brown to set up this meeting ASAP.
Reynolds moved that the Planning Commission examine the tree ordinance and
get a proposal for base in point system for Council to consider. Burke seconded. Vote
by Council was unanimous.
Reynolds said a lot of his questions for the agenda tonight on drainage were
answered by Bill Lovett at the pre meeting, also he did not know we had a plan.
Reynolds said the dead end streets toward the ocean need relief. Youmans said he thinks
we have done some of that before with a study. Burke told Council that 10th Street and
the 14th and 15th Street parking areas only flood when we have a hard rain. Youmans said
that when anything comes in from surveys requested by the City that they should be
addressed to the Clerk of Council. Crawford said the Interim City Manager is on top of
that.
Council agreed that a line item for beach renourishment is needed for the 2003
budget. Reynolds said maybe a base line survey is needed so that Tybee will know when
the renourishment is needed for the beach. Youmans answered that he is under the
impression that Olsen & Associates monitor the beach and that we used to have a line
item with funds available. Buelterman told Council he had met with Berta Adams and
she mentioned setting aside money in case it was needed. Locklear said in 95 -96 there
was $50,000 in a budget line item, not in general, SPLOST and if we put money into a
line item it will show we are trying to do something.
Reynolds moved that a study be completed on the length of time it takes for a
citizen to get on the Council agenda for zoning matters. Burke seconded. Reynolds
said it takes about 12 weeks average now and we need to shorten this period. Burke
seconded. Youmans agreed that it needs to be changed. Hughes told Council that
Hodges was working on this ordinance. The law only requires a public hearing to be
advertised 15 day prior to Council meeting. This will involved 4 or 5 ordinances.
Barrow said we need to look at the process that maybe the applicant does not understand
and we can do more hands on with the applicant.
Buelterman moved to ask the Recreation Department to have a priority list for
updating facilities with the cost and present this at the April meeting. Reynolds
seconded. Vote by Council was unanimous.
Buelterman moved to have City Manager have the staff devise a revised
schedule for tap in fees that would be compared with other municipalities. Burke
seconded. Vote by Council was unanimous.
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Hughes said he is requesting that Council grant 2 revocable licenses for the west
end of 10th Street. A revocable license gives no property rights to a particular area and
that is a good way to solve the problem. Youmans moved to grant. Burke seconded.
Vote by Council was unanimous.
Interim City Manager Brown told Council that they have received the information
requested form the department heads on the budget cuts. Youmans said Council needs
time to look over information. Crawford said Council accepts information for study.
Interim City Manager Brown asked Council for a budget adjustment in order to
purchase a software program for building projects. Youmans moved to take $3,000
from contingencies and place in a line item for the purchase of the program. Buelterman
seconded. Brown said that Incode is coming March 25th to teach updates on other
programs. Vote by Council was unanimous.
Brown said he needed clarification for the expenditures for the senior
citizens /gym complex grant. Barrow moved to take the $2,000 for Waggoner from the
general fund. Crawford seconded. And Youmans moved to expense $3,500 from the
GYM fund for the architectural study. Buelterman seconded. Vote on both the motions
were unanimous.
Youmans moved a policy is needed if anytime we do contract labor it should be
approved by Council. Barrow seconded. Vote by Council was unanimous.
Buelterman announced a Youth meeting to be held on March 28th at the Teen
Center at 6 P.M.
Barrow said that Burke Day needs some type of recognition for all the hard work
on the Beach Bill 1021. Freda Rutherford said that the Beach Task Force is working on
this issue.
Youmans moved to go into executive session to discuss personnel and litigation.
Burke seconded. A unanimous vote was taken by Council.
The regular meeting was reconvened and Mayor Pro Tem Crawford moved for
adjournment, as there was no further business to come before Council.
Clerk of Council
Mayor Walter W. Parker
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PROCLAMATION
Whereas: Scottish Heritage is important to each and everyone who has Scottish
ancestors; and
Whereas: April 6th begins the celebration with "National Tartan Day" to recognize the
the outstanding achievements and contributions made by the Scottish
Americans; and
Whereas: This proclamation honors the major role the Scottish American played in
helping to establish the founding of this great nation, half of the signers of
the Declaration of Independence were of Scottish decent; nine of the
thirteen colonies had governors of Scottish ancestry.
Whereas: the Scottish Americans have made contributions in the fields such as, media,
literature, medicine and government.
NOW THERERFORE, I, Walter W. Parker, Mayor of the City of Tybee, Georgia, do
hereby Proclaim the week of May 5th through 1 lth as
"Scottish Heritage Week"
in recognition of their major achievements.
Adopted this 14th day of March, 2002.
Walter W. Parker, Mayor
R. own, Clerk of Council
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PROCLAMATION
WHEREAS Iva Hunter was born ninety glorious years ago on March 26,
1912 and
WHEREAS She became Mrs. Roy Edmonds in 1936 and was his partner and
sweetheart for 49 years until his death in 1985 and
WHEREAS Miss Iva and Roy survived the St. Patrick's Day flood of 1936
sailing through the 46 feet of water dumped on Pittsburgh,
Pennsylvania, and
WHEREAS Miss Iva's foot first touched the soil of Tybee Island 47 years ago in
1955 and
WHEREAS
Having spent 57 years in snow and ice and long winters, Miss Iva
decided to join her mother and two sisters in the Paradise known as
Tybee Island in 1987 and
WHEREAS Miss Iva's many friends celebrate each of the 15 years that they
have shared with her and
WHEREAS Miss Iva has achieved GOLD in the Senior Olympics in billiards,
group line dancing and walking and
WHEREAS Miss Iva has her own stool at the Beachside Grill Bar where she
laughs and tells stories and enjoys her friends and
WHEREAS Miss Iva has held sway as the Queen of the Beach Bums Parade
and
WHEREAS Miss Iva has never succumbed to the tyranny of the automobile, but
remains fiercely independent and strong and
WI i1REAS We all want Miss Iva to know that we love her and celebrate with
her the 90 splendid years of her life and wish her 90 more, now
therefore
I proclaim March 26, 2002, as MISS IVA DAY. May she enjoy all the -
rights and . r'vileges thereof and let the party begin!
'Walter W. Parker, Mayor to
yn is rown, Clergy of Council
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PROCLAMATION
Whereas: The City of Tybee Island appreciates the honor of having
one of the finest Libraries in Chatham County, and
Whereas: The City of Tybee Island donated the land upon which the Library
is built; and
Whereas: The City of Tybee Island supports any effort that promotes all
ages take the time to read a book, visit the library; and
Whereas: The CEL Regional Library in conjunction with the Georgia Center for the
Book has announced the Top 25 Books Every Georgian Should Read; and
Whereas: All the books listed are set in the Sate of Georgia or even written by
a Georgia native.
NOW THERERFORE, I, Walter W. Parker, Mayor of the City of Island in open meeting
assembled do hereby proclaim the month of March as
"ALL GEORGIA READS MONTH"
And encourages all citizens young and old to visit our library and enjoy a good book and
nice company.
Adopted this 14th day of March 2002.
Walter W. Parker, Mayor
Jacquelyn R. Brown, Clerk of Council
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PROCLAMATION
WHEREAS: Mule Deer are the only big game species in North America
whose numbers continue to decline;
WHEREAS: The Mule Deer's mysterious attraction was so hypnotic to
President Theodore Roosevelt that he ordered the herd
on Arizona's Kaibab Plateau to be "protected ";
WHEREAS: The Mule Deer's grace and grandeur, once readily enjoyed
throughout much of the United States, is gradually becoming
a rarity, despite the fact that wildlife enthusiasts everywhere
deserve the opportunity to witness, first hand, this monarch
of the West at least once;
WHEREAS: The first step in reversing this disturbing trend is to heighten
public awareness of this species' plight;
NOW, THEREFORE:
I proclaim March 16th, 2002, as Mule Deer Awareness Day
in the City of Tybee Island.
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alter W. Parker, Mayor , Clerk of Council
t4 02)
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PROCLAMATION
Whereas: The Eighth Infantry embodies one of the proudest traditions of
Tybee Island; and
Whereas: The Eighth Infantry is holding its 34th annual and final reunion here on
Tybee on the 9th of March, 2002; and
Whereas: The Eighth infantry is an historic fighting unit of the United States
Army, will hold their reunion in the historic old gym, known as
Tomachichi Hall, now the American Legion Post 154 on Veterans Drive;
and
Whereas: Fort Screven on Tybee Island was the home of the Eighth Infantry
from 1923 when they returned home from serving in the Army of
Occupation in Germany in the First World War until they were transferred
to Fort Benning, Georgia; and
Whereas: The City of Tybee Island is proud of Fort Screven, its place in the
National Registry of Historic Places and its connection with the
Eighth Infantry;
NOW THEREFORE, Be it Resolved, and it is hereby resolved by the Mayor and Council
in Open Meeting Assembled that the City of Tybee Island, Georgia, does hereby declare
March 9th, 2002 to be
"Eighth Infantry Day"
And it is further resolved that the citizens of Tybee Island are heartily encouraged to
extend to the Eighth Infantry Reunion every possible dignity, courtesy and welcome, as
befits their proud heritage and purpose.
Ado • ted this 14th of March 2002.
Walter W. Parker, Mayor
rown, Clerk of Council
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STATE OF GEORGIA
COUNTY OF CHATHAM
RESOLUTION
WHEREAS, the City of Tybee Island is a duly incorporated municipality in the state
of Georgia being vested with all powers possible for a city to have under the present or
future constitution and laws of the state of Georgia; and
WHEREAS, the City of Tybee Island is an island community separated from the
mainland by large areas of marsh, creeks and rivers; and
WHEREAS, a significant portion of the roadways connecting the City with the
mainland is in need of expansion in the interest of public safety for traveling purposes as
well as hurricane evacuation; and
WHEREAS, the Department of Transportation is currently assessing the possibilities
of widening the connection to the City from the mainland between Bull River and Lazaretto
Creek.
NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of
Tybee Island duly assembled that the City of Tybee Island hereby expresses its complete
support and endorsement of the efforts to widen Highway 80 between Bull River to.
Lazaretto Creek and states that such widening is necessary and appropriate in the interest
of public safety for traveling purposes as well as for evacuations for natural disasters such
as hurricanes.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to such
officials and agencies as deemed appropriate by administrative officers and /or elected
officials of the City.
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ADOPTED this i day of %H o V CJ , 2002.
Attest:
Clerk of Council
EMH\TYBEE\405. RESOLUTION
Mayor
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STATE OF GEORGIA
COUNTY OF CHATHAM
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized
to administer oaths, 4/7 t - Ab,).004a% , who after being duly sworn, deposes and on
oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island City Council held on the
/'f day of /1ti44€‘., , 2002.
(2) That it is my understanding that O.C.G.A. § 50- 14 -4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection
(a) of this Code section, the chairperson or other person presiding over such
meeting shall execute and file with the official minutes of the meeting a
(3)
notarized affidavit stating under oath that the subject matter of the meeting
or the closed portion thereof was devoted to matters within the exceptions
provided by law and identifying the specific relevant exception.
The subject matter of the closed meeting or closed portion of the meeting held on
the / Cf of __Lek 2002, which was closed for the purpose(s) of
to r° cc. so -✓.,9( as allowed by O.C.G.A., Title 50,
Chapter 14, was devoted to matters within those exceptions and as provided by law.
(4) Any unrelated matters which were mentioned or attempted to be offered for
discussion during the closed portion of the meeting were ruled out of order and not
discussed.
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(5)
This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. § 50- 14 -4(b) that such an affidavit be executed.
This 1 `f day of , 2002.
Sworn to and subscribed
before me this /`f day
of 1"y4 ..4 2002.
Notary Public
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