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19810311CCMeeting1 1 1 11 Tybee Island, Georgia March 11, 1981 The regular monthly meeting of the Tybee Island City Council was held at 3:30 p.m. on Wednesday, March 11, 1981 at the Tybee Island City Hall. Mayor M.J. Counihan presided and the following members of Council were present: Jerome W. Bettencourt, Nick C. Alexander, Julianne J. Meyers, J.L. Fabrikant, Jr., Jack Owen and William C. Fleetwood. City Attorney James E. McAleer was also present. The meeting opened with a public hearing on a petition for re- zoning. This petition is #3 -1981 and was presented by Mr. Anthony P. Simon for Tybee Real Estate and Development Company. The petition was a request to re -zone 9.46 acres known as the "Old Go -Kart Track" in Fort Screven from Residential -One to Planned Unit De- velopment. He stated that two structures are planned which would occupy approximately 15% of the land area; paved parking area would occupy another 17 %, leaving open park- like area of 64% of the total land area. He further stated that setbacks are planned to be far in excess of actual zoning requirements and that recreation for the project will be provided, including three tennis courts, a playground for small children, and a swimming pool. He provided a site lay -out and explained various aspects of the proposed project. Councilman Fleetwood questioned number of units and Mr. Simon answered that 192 are planned; this however may be adjusted downward when final density figures are available. He further explained that the buildings will be over 35' in height; that sprinkler systems will be installed, that each unit will have two bedrooms, and that parking under the units is planned. Councilman Alexander asked City Attorney McAleer for a ruling concerning Mr. Fleetwood's eligibility to vote on map amendments brought forward today since he is a property owner and therefore concerned with one of the proposed projects. Mr. McAleer ruled that a direct involvement in a project would preclude a vote by that 1 1 1 12 particular councilman on that issue only; therefore Mr. Fleetwood can vote on any project in which he is not directly involved. Mrs. Marion Dean spoke as an adjacent property owner, asking questions about the ownership of the land. Mr. Simon presented a sales contract dated January 26, 1981 which was perused by the City Attorney. Mrs. Dean further questioned the density of the project and stated that if units are bought as financial investments and rented, she is concerned about the effect on the neighborhood of absentee owners and rental tenants. Mr. Richard Grosse spoke for the Historic Fort Screven Neighborhood Association. He voiced concern over the size of the units, stating that such small units are not suitable for permanent residences. He presented a petition to Council which was signed by the majority of the property owners in the immediate vicinity, and which requested that no units be built with a minimum of 1600 square feet per unit, so as to encourage first -home, year -round residents. He asked that Council consider deferring a decision until a Metropolitan Planning Commission study for environmental impact can be made. Mr. James Sheley spoke stating that he upholds the statements of Mr. Grosse and is a member of the Historic Fort Screven Neighborhood Association. He further stated that this does not mean he is against condominium development; he has tried to have the area cleaned up in the past with no success. He further stated that the streets are poorly maintained and that no facilities are available in the area. He would like to see improvements made. Mr. Joe Coleman, a local architect and Tybee resident, spoke requesting that Council call a moratorium on development until Tybee develops a master plan. He further advised that funds be immediately allocated for this study. Mr. Fred Hughes, President of the Chamber of Commerce, spoke of his concern for the progress of the island; he stated that condominiums are the homes of the 1 1 1 13 80's and that single family residences will become rarer, especially in resort areas, such as Tybee Island. Mr. Ed Cawley spoke. He stated that he is one neighboring property -owner who did not sign Mr. Grosse's petition, and that he is personally in favor of condo devel- opment. Mr. Robbie Stone, a local carpenter, spoke of the favorable impact development will have on those people employed in the building trade. He stated that once before he has had to leave Tybee to find work, and that he prefers to live here if he can make a living in this area. City Attorney McAleer, at the request of Councilman Owen, explained the local ordinance concerning Planned Unit Development to the audience. He stated that any approval granted at this time is preliminary in nature and that each petitioner will have to present final plans to the Planning Commission and to the City. These plans must be approved before construction permits will be granted. Councilman Owen then moved to accept this petition for Planned Unit Development in its preliminary state. Jim Fabrikant seconded. Under discussion Mrs. Meyers noted that she would advocate further discussion of minimum square footage per unit, which she feels is a valid consideration. Mayor Counihan stated that this can be studied by the Council before final approval is given to actual building plans. Councilman Fleetwood noted that water and sewer studies are being made; he further stated that he feels the present zoning of the island is poor. Mrs. George McDonald, Chairwoman of the Planning Commission spoke, explaining that the planning commission has been working on a land use plan for more than a year with the help of Mr. Michael Gleaton of CAPDC. She urged the public to attend the planning commission meetings, held on the first Monday of each month, so that they can be aware of what is happening. Mayor Counihan then called the question and the vote was unanimously in favor of granting preliminary approval to Mr. Simon's PUD petition. 1 1 1 14 Mr. Erwin Friedman then spoke for a group entitled "Lightouse Point, INC." The petition for a planned unit development at Van Horne and Hollywood Drive in Fort Screven was explained. He further stated that Coastal Protection staff of the Department of Natural Resources had been consulted about the topography and that certain adjustments were being made according to their recommendations. He stated that the engineering firm of Hussey, Gay and Bell has done a certain amount of study concerning water and sewer and this study will be presented to the City Council in written form, since so much public concern over water and sewer availability has been expressed by the public in Planning Commisssion meetings. He further stated that he believes his group has acted responsibly, and introduced his architect, Ralph Thomas, builder & developer Leroy Moore, and Mr. Michael Yates, of the management team. He explained that each unit will be in excess of 900 square feet, with two bedrooms and two baths. Mr. Carl Thompson spoke, stating that he is another neighbor and that he be- lieves these units are much too small for the area which requires 12000 square feet per lot for single family residences. He stated that he is also concerned about fire protection because a house atop the fort burned two years ago, and wind direction was all that saved his neighborhood at that time. He stated that he is also an architect and that Ralph Thomas is a personal friend of his so he is familiar with the plans. He expressed the opinion that the units are large enough only for retired couples and that there are a limited number of customers in that category. He asked that council again consider limiting building to units which are large enough to attract year -round residents. Mr. Friedman stated that he believes it is unfair to assume that temporary people are all irresponsible. Michael Strickland, a private citizen, agreed that it is unfair to judge people for rowdyism, but thinks we can afford to consider fire and police protection. Overall, he believes that growth is good for a community. Ms. Donna Perry, a city employee, spoke stating that she works in the public 1 1 1 15 works /sanitation department, and believes her job will be more secure if growth is allowed. Mr. Roger Altier then spoke, stating that he disagrees with those who believe small units will attract undesirables - he believes that the undesirables are already here. Ms. Linda Adinalpho spoke of condominium share - owners and that she believes this to be detrimental to the protection of our children. Mr. Friedman answered that his project is not considering any share - owners plan. Ms. Jeannie Hutton stated that she believes that there will be an increased cost for fire and police protection and that she believes this cost should be paid by the developers, not by the citizens. Ms. Kathy McNaughton spoke saying that she believes some residents are opposed to all growth and that many opposed eight condominiums last year even though each unit boasted two thousand square feet of living space. Mr. Owen noted that the city council has so far required developers to add fire hydrants if water lines were installed, thus protecting all residents. Mr. Bettencourt re- marked that all the plans show extensive recreational areas and facilities but that none of these are available for the use of the general public. Shouldn't the develop- ers contribute in some manner to public recreation? Mrs. Dean then spoke, clarifying her thoughts concerning the type of people who might live in small units, saying that as an army wife she had lived in very small accommodations herself on many occasions. She believes that the undesirability is in short -term ren tals with constant turnover and did not intend her remarks to be detri- mental to possible inhabitants of the units. Mr. Alexander asked if the beach crossovers are public? Mr. Friedman stated that he believes they would necessarily be public on the beach side of the development. He further stated that these crossovers are required by the DNR for dune protection. Councilman Owen questioned whether this project has been recommended for approval by the Planning Commission and received an affirmative answer. He then moved the acceptance of the preliminary development plan and the motion was seconded by Council- woman Meyers. The vote was five in favor, none opposed with one abstention (Mr. 1 1 1 16 Fleetwood abstained due to his personal financial interest.) Mayor Counihan then praised the fire and police departments, saying that both groups are doing an excellent job, and that he is sure they will continue to do so. The next petitioner was Mr. Arthur Schultz who requests a change from Resi- dential- Tourist to Commercial for property owned by Ladha Motels, Inc. and lying be- tween the Ladha Motel and Third Street. He is proposed an apartment -hotel on this site. He explained that the project will consist of efficiency units which will be rented for vacationers' use. Councilman Fleetwood questioned the height of the proposed building and was informed that the fourth floor will be protected by a sprinkler system. Water pressure was questioned and the developer answered that the state has strict guidelines concerning the amount of pressure needed; if the city system is inadequate developers are required to provide a holding tank and booster pumps so that pressure for the sprinkler system is always adequate. Councilman Jim Fabrikant questioned arrangements for sanitation and Mr. Schultz answered that the Ladha has already contracted with a private sanitation company and a dumpster is pro- vided for the hotel. He believes that private commercial pickup for the additional building could easily be arranged. Councilman Owen moved that the recommendation of the Planning Commission that this petition for commercial zoning be approved. The motion was seconded by Councilman Fleetwood and passed without dissenting vote. Councilman Bettencourt moved that in view of the overwhelming number of re- quests for condominiums a moratorium be invoked on all building for a period of twelve months. Councilman Fleetwood remarked that he believed the motion to be out of order. Mayor Counihan decided that the motion would not be entertained at present; he did express willingness to study this recommendation later. Councilman Bettencourt ex- plained that an attorney advised him concerning the motion, and the Mayor answered that it would be considered later. Mr. Simon then was recognized and expressed his appreciation to the Council 1 1 17 for their favorable consideration of his petition. Mayor Counihan then called for visitors from the audience who wished to speak on matters other than development. The first visitor to be recognized was Mrs. Lettye Hollingsworth who asked if any understanding has been reached concerning the construction on Seventh Street which is not in compliance with the local code. City Attorney McAleer answered that he prefered not to discuss this in public meeting as his legal opinion might be relevant to any possible forthcoming litigation arising from this problem. Mrs. Hollingsworth remarked that she believes a part of the width of the porch, at least, should be removed. She believes that the code should be enforced inasmuch as possible at the present time. Mrs. Hortense Doyle then spoke, requesting that some repairs of the concrete which has been undermined by sea water in the area of 18th Street be undertaken at once. Councilman Fabrikant informed her that he has already taken steps to make some minor repairs in the area and that the supplies to do the work have already been ordered. Mr. Charles Masterpoulis spoke asking Council not to increase fees in the south parking lot to $2.00 this year because there is no beach there and he believes a higher fee will discourage visitors and thus hurt local businesses. Mayor Counihan replied that the fee schedule has not yet been decided and that his request will be considered. Mr. Masterpoulis suggested that perhaps two fees could be set - one for weekends and another for weekdays. Councilman Fleetwood moved that the minutes of the previous meeting be accepted as written. Bills for the month of February were approved as follows: Sewer Department - $3,169.68, Water Department - $2,088.47, Ceramics - $565.28, Recreation - $137.89, Fire Department - $830.73, Public Works - $4,236.31, Sanitation - $2,130.67, Police - $1,760.57, Parking Meter Department - $68.32, General Government - $1,909.35 and Other Expenses totaling $2,165.97. 1 1 1 18 Various committee reports were accepted as information. First, Councilman Bettencourt announced that the ceramics department is having open house on March 24th from 7 to 9 p.m. and again on March 26th from noon to 2 p.m. Refreshments will be served and all interested citizens are invited to attend. Councilman Fabrikant reported that the sanitation department has purchased two new garbage trucks from Truxmore Industries. The list price on these trucks is $30,715 each, and the city paid $25,000.00 each. He further stated that the purchase of these trucks is compatible with our Solid Waste Management Plan, which includes the construction of a transfer station. He stated that the old packers were costing thousands per year to keep running and that if the Council approves he'd like to keep them through the summer and auction them off at the end of the season. He stated that they were not traded because they were too old to have any trade -in value. Councilman Alexander reported that the water tank has recently been painted by Utility Services, Inc. at a total contract cost of $45,000.00. He asked permission to authorize payment if the Water Department Superintendent and his advisors report a satisfactory job accomplished. Councilman Fleetwood reported that the $50,000.00 matching fund grant from EPD for solid waste management should be helpful in complying with the state's re- quest for closure of our landfill. He stated that bids were solicited for construction of a transfer station and that a contract for site preparation is ready to let. He further explained that Mr. George of Thomas & Hutton Engineering Company states that the low bid is Dan -D, Inc. for a total of $38,509.80 and that he recommends that this low bid be accepted by the city. Councilman Fabrikant seconded the motion and it was unanimously carried. Councilman Fleetwood then noted that public interest in cable television is high and that many inquiries have been received. He stated that the company is making progress but subscriptions can't be taken until the wiring is in. He further noted 19 that the franchise holder, Tybee Cable Television, Inc. is a corporation, and not an individual. He asked that this information be noted in the minutes. City Attorney McAleer then read a Resolution of Respect for Mr. James L. Fabrikant, Sr., who served as the City's Chief Registrar, and was the father of Councilman Jim Fabrikant. A copy of this Resolution is attached to, and becomes a part of, these minutes. Councilman Fabrikant accepted this Resolution, and Mayor Counihan's words of condolence to the father, on behalf of his mother, Mrs. Katherine Fabrikant. A resolution inviting Governor Busbee and other state officials and elected representatives to visit the island to observe firsthand the effects of rapid erosion on the south end of the island was read. Councilman Fleetwood moved its adoption, Councilman Owen seconded and the resolution was adopted by unanimous vote of Council. A copy of this resolution is attached to, and becomes a part of, these minutes. Councilman Fleetwood requested that a resolution honoring Mr. Pratt Adams be drawn for the next regular meeting. Mayor Counihan concurred and instructed the Clerk to proceed with this matter. The First Reading of an ordinance concerning public drinking was read by Councilman Alexander. Councilman Owen asked if this ordinance can become effective as of this date. City Attorney McAleer stated that a second reading is required. The ordinance was then accepted on First Reading and scheduled to be read again at the next regular meeting. A Resolution accepting Project Number LAU -8530 (051) which is a state LARP Program allowing for the paving of certain streets within the city limits was adopted by Council, and the Mayor was authorized to sign a contract with the state for this project. This resolution passed without dissenting vote. Councilman Fleetwood presented a budget for FY '82 which totaled $976,209.00, stating that this is a tentative general fund budget which can be amended as necessary. This budget was accepted as presented with the understanding that amendments may be 1 1 1 20 requested at a later date by any or all of the Council members. City Attorney McAleer requested that Council adjourn into executive session to discuss a matter of possible litigation. In executive session the city attorney discussed the possibility of litiga- tion arising out of the Seventh Street construction dispute. He stated that he has talked with Mr. Barney Portman, attorney for owner David Segall, and requested Council's decision on what action, if any, they prefer to take. After some dis- cussion among the Council members it was decided that the stop order will not be removed as the building is in violation of city ordinances. The City Attorney was instructed to inform the owner's attorney that the stop order on the porch of the residence remains in effect until the question is resolved. There being no further business, the meeting was adjourned until the next regular or special called meeting. 44:4,44-66. CLERK OF COUNCIL i 1 R E S O L U T I O N WHEREAS, the City of Tybee Island endorses the plans of the United States Corps of Engineers to build a groin at the south end of Tybee Island; and WHEREAS, Representative Bobby Phillips and Senator Charles Wessels have, at the request of the City of Tybee Island, sought appropriations of funds from the State of Georgia for the purpose of beach erosion control; and WHEREAS, the Mayor and Council of the City of Tybee Island believe that a personal inspection of the Tybee Island public beach by State officials would be beneficial to the purpose of obtaining State funds for the beach erosion control project; and WHEREAS, the Governor of the State of Georgia, the Lieutenant - Governor, the Speaker of the House of Representatives, the Chairman of the State House Appropriations Committee, the Chairman of the Senate Appropriations Committee, the Chairman of the House Natural Resources Committee, the Chairman of the Senate Natural Resources Committee, the Commissioner of the Department of Natural Resources and the local Chatham County dele- gation are earnestly requested to support the City's petition for State funding of beach renourishment and erosion control; BE IT THEREFORE RESOLVED by the Mayor and Council of the City of Tybee Island, in council assembled, that all of the above -named State officials, leaders, and legislators be invited to personally inspect the public beaches of Tybee Island at a time to be determined; and BE IT FURTHER RESOLVED THAT the Mayor and Council invite these State officials to make this personal inspection as soon as such a visit can conveniently be arranged, preferably in April or May of the current year. Adopted this llth day of March, 1981. 1 1 1 20 -B -1 DOT 508 -C REVISED 4 -72 RESOLUTION COVERING ACQUISITION AND CLEARANCE OF RIGHTS OF WAY WITH CONTROL OF FUTURE ENCROACHMENTS AND REGULATION OF VEHICULAR TRAFFIC ON HIGHWAY CONSTRUCTION PROJECTS GEORGIA, Chthtam COUNTY 3 Stets in Tybee Island (0.68 'i . ) WHEREAS, the Department of Transportation in cooperation with the County of Chatham desires to construct a road between °d /A ,Georgia and `i ,Georgia, known as monoftwProject No. LAU -8530 (051) in phg4hrggm County. AND, WHEREAS, the project will extend within the corporate limits of the municipality, town, or city of +-rte, Inland , Georgia. It is resolved, that we, the Mayor and Members of the Council (or other officer or officers) charged with the management of the finances of said municipality, and the legally authorized agents of such do hereby agree to procure for the Department of Transportation in cooperation with the County of ^,batjan , in accord with pertinent agreements and regulations, any and all rights of way that may, in the opinion of the Department of Tia nsportation be necessary to the proper construction and maintenance of the above named project and according to survey and plans made by engineers of the Department of Transportation, within the limits of said municipality. And in consideration of the construction of said Highway within the incorporated limits of said municipality, the City of Tvbee Islam , agrees to remove any existing structures or obstructions as provided in pertinent agreements and to prevent any future encroachments upon the right of way limits of said Highway not covered by permits duly issued by the Department or the City; and furthermore agrees, obligates, and binds itself in accordance with Title 68 Georgia Code that it will not pass any laws, rules, regulations, or ordinances which will penalize, hinder or obstruct the free movement of vehicular traffic on said Highway, including angle parking, nor erect any traffic signals, towers, or lights on the said right of way without written consent of the Department of Transportation. We further agree that upon notice of award of contract on the above numbered project, we will arrange with managers of various utility companies and municipal departments to place underground plants in a satisfactory state of repair except where this phase of work is covered by agreements. The municipality further agrees to assume responsibility for and cooperate with the Utility Owners in the moving, setting back, replacing or lowering of all consumers' service connections including gas lines, telephone lines, electric power lines, water mains and sanitary sewer connections to clear construction by one foot, whether such facilities are publicly or privately owned except where this phase of the work is covered by agreements. 1 1 20 -B -2 of work is covered by agreements. The municipality further agrees to assume responsibility for and cooperate with the Utility Owners in the moving, setting back, replacing or lowering of all consumers' service connections including gas lines, telephone lines, electric power lines, water mains and sanitary sewer connections to clear construction by one foot, whether such facilities are publicly or privately owned except where this phase of the work is covered by agreements. It is further agreed that after construction is completed on off - system projects no new or additional utilities facilities will be allowed to encroach on the rights of way for this project except under permit issued by the City in accordance with the Rules and Regulations of the Department. We further agree to protect the Department of Transportation and said County or its agents from any claim or damages whatsoever that might be occasioned through the fulfillment of the foregoing conditions, and to defend all suits that may arise by virpuethereof. This COUNCIL: 1� I hereby certify that I am be) of the official acts of the said municipality; and the wit IIIresolution passed on the on the minutes of said officers. This the / � day of � C�•.. , 19 Se) . S. . COUNCIL: Clerk of the city, town, or municipality, (as the case may authorities charged with the management of the business of nand foregoing constitutes a true and orrect copy of a day of ne"), 4,,6. (�(,,s, ,19 1 , and entered e CLERK