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19850711CCMeeting1 1 1 0001B Tybee Island, Georgia July 11, 1985 The regular monthly meeting of the City Council was held on Thursday, July 11, 1985 at Tybee City Hall. Mayor Charles J. Hosti called the meeting to order at 7:30 p.m. The following members of Council were present: Chris P. Solomon, Earl Marlin, S. J. Orsini, John Wylly, Jeanne Hutton and Paul Jackson. Herman Coolidge represented the City Attorney, Mr. Thomas J. Mahoney. The first visitor to appear before Council was Father Payne who pre- sented a check for five hundred dollars ($500.00) to the city from the Catholic Mens' Club for the Jaws of Life Fund of the Volunteer Fire Department. Mayor Hosti thanked Father Payne and the Mens' Club and accepted the check for the fire department. There were no other visitors who wished to speak, so Mayor Hosti brought up the zoning petitions, introducing Mr. John Sapp who is petitioning for a zoning change from R1 to RT for his property in Fort Screven. Mr. Sapp explained his request, giving a history of the property: his parents bought the three lots with one building (one of the army barracks -type buildings) in 1950. In 1960 they successfully petitioned Council to zone the property for use as apartments and a restaurant called the "Jack and Jill ". The property was zoned for business then and they never requested a change: the town changed the zoning to residential even though the immediate area contained few single family residences. Presently there are mixed uses in the vicinity - two nursing homes, the old theatre property, zoned RT, two PUDs and some single family homes. The present use of the property is for four (4) apartments, the owner living in one of them. The property is 1.5 acres, approximately 66,000 square feet. Councilmember Hutton questioned why Mr. Sapp wants to change, saying that normally an owner has plans for the property before asking a map amendment and saying that the nonconformity is not encumbering to Mr. Sapp atpresent. He answered that he wants his property to be conforming, not nonconforming, adding that he does eventually hope to add more apartments on the property but has no plans to do so in the next few years. Councilmember Hutton asked why the plans couldn't be submitted to the Planning Commission and Mr. Sapp replied that there are no plans as yet. Councilmember Hutton recalled that Mr. Sapp had mentioned problems with insurance; she asked if he had proof. A letter was presented and 1 1 00019 July 11, 1985 Page Two read; the letter was written by Bill Ashby, agent for Ashby Insurance Agency. Councilmember Hutton said that she had spoken to Julian Sipple of Mueller Insurance Agency, Mr. Sapp's present insurance carrier, and that he indicated zoning has no effect on insurability. Councilmember Jackson asked if the property is recorded as one lot. John Sapp replied that there are three lots but the building extends partly over each of them. Earl Anderson, Zoning Administrator, stated that the property is one tract. Jim Kluttz spoke, saying that he doesn't want to see John Sapp injured, but that he has a question, "When, if ever, does the City Council say no ?" Again he expressed a hope that the Council would wait until the adoption of the Master Plan to make any further changes in zoning in Fort Screven. Mayor Hosti explained that the Master Plan is not a Bible, merely a guideline, and is not mandatory. Jim Kluttz replied that he believes the plan to be a statement of intent; he also said that Mr. Sapp has some grounds for asking for rezoning, but wondered if the rezoning is not intended to be a way to avoid a review of future building. Earl Anderson said that all multi - family units are reviewed. Councilmember Hutton said that they are not reviewed now, although they would be under provisions of the Master Plan if it is adopted. Jim Kluttz, still at the speaker's stand, said that he understands Mr. Sapp's most valid point - that therefare properties around him that are not residential, or that have been rezoned in past years. He repeated his question: "When does the City Council call a halt ? ", suggesting that, with the new Master Plan in review now, this is a proper time to do so. Julian Toporek spoke to oppose rezoning on the grounds that the nonconformance is not hurting the property owner and that denial for the time being, until the Master Plan can be implemented and planning controlled is in order. Councilmember Wylly asked John Sapp how far his property is from the nursing home and Mr. Sapp answered that it is located directly across the, street. Councilmember Wylly went on to say that he is concerned with R -T zoning in that, in connection with a motel, it could become the site of a cob ktail lounge and he would have a problem with that kind of development 1 1 1 Goo?o July 11, 1985 Page Three in that specific location. Mayor Hosti closed the public hearing. He then announced thatithe next item was to have been a public hearing on a petition for rezoning from R -1 to R -T for an oceanfront lot in Oceanview Subdivision (PIN #4 -03 -10 -009) but, calling for Mr. Cawley or his representative, no one was present to speak for the petitioner. Councilmember Hutton stated that she feels it is time to drop the petition since this is the second opportunity Mr. Cawley has had to present his request. Mayor Hosti said the item will be taken up during the business of the meeting. The next item introduced was the Comprehensive Land Use Plan. Mayor Hosti thanked those who worked so hard to prepare it and urged the City Council to study it thoroughly so that a meeting can be called with the Master Plan Group and the City Council together. Councilmember Hutton asked if the Mayor has any vague idea of the date the public hearing might be held. Mayor Hosti explained that he first wants the City Council to meet with the Master Plan Group so that all aspects of the plan can be thoroughly discussed and hopes that the public hearing will be within 30 -60 days. He asked the Chairman, Mr. Jeff Dukes, to set a date and Mr. Dukes responded that the group will make themselves available to the City Council for technical explanations, setting a tentative date of July 25th. A short discussion of the availability of the plan followed. It was announced that two copies are in the Tybee Branch Library and that there is one copy that the public can read on the premises in the Clerk's office. It was also noted that the price of $15.00 per copy is less than the cost of producing the copies. Mayor Hosti then read a letter from FEMA's Region IV Director, Mr. May, in which he extends the city's probationary status with the National Flood Insurance Program for six months, promises a review in December, 1985, and complete reinstate- ment into the program on January 1, 1986, provided the review is satisfactory. He complimented the city officials for implementing careful administrative procedures and Mayor Hosti stated his intention to see that all building codes are enforced and that the citizens' flood insurance will continue to be available. The meeting was opened for business legally presented. Minutes of the meeting of June 13th were accepted as written; Councilmember Hutton made the motion which was seconded by Councilmember Wylly and passed unanimously. 1 1 1 00021 July 11, 1985 Page Four Bills for the month of June were approved as follows: Water /Sewer $8,873.64 Public Works /Sanitation $10,501.93 General Government $4,725.69 Fire /First Responder $1,245.00 Police $13,657.42 Councilmember Paul Jackson explained the new policy for cut -offs of past -due water accounts. The method has been changed slightly due to the two -month billing - the primary changes are that there will be a notice (knock on door, doorknob hanger left if no one at home) given prior to cut -off; this is to accommodate tenants whose landlords do not keep their accounts current. After three days, the water will be disconnected. A tamper charge will be added to those accounts in cases where water is cut back on illegally. No partial payments of past-due accounts will be allowed. Mayor Hosti joined in the explanation and stated that the method is already in effect and working well. Councilmember Hutton explained that the dry trash policy needs revision and informed everyone that some suggested rules for disposal of dry trash had been published in this month's Tybee News. The city is opening its last permitted landfill area and landfill permits are much harder to obtain now since environmental law is stricter. Another problem is that the city owns no more suitable land for this purpose. She asked for public imput from the audience. Mayor Hosti said that the other dry landfill had filled up much sooner than anticipated and that the proposed rules are subject to change, but the city must do something to keep trash from becoming more of a tax burden - the county has recently increased its dumping charges for their Wilmington Island dump from $5.00 per load to more than $43.00 per load so this alternative, one we've often used in the past, is no longer economically feasible. There was a long discussion and explanation with the following points standing out:. 1) "containable" means liftable by one person. 2) Leaves, limbs, etc. are valuable, especially on an island and can be made available for mulch. 3) Trees could not be chipped but the trunks could be stockpiled for fuel for fireplaces. 4) Furniture and mattresses should be given to Good Will - they are on the island once a week and will pick up from the homes and give a 1 1 00022 July 11, 1985 Page Five receipt for tax purposes. 5) An effective enforcement procedure will be necessary although other communities find that it is seldom necessary to do more than make a courtesy call. Court summons and fines are rare. 6) Dumping is already happening and probably won't be affected by the new policy. Mayor Hosti said that he has yet to receive any comments from the public about the article printed in the Tybee News. He said that the suggested policy has been discussed with the public works, sanitation and police supervision and that everyone feels it will be necessary to set a specific date to implement the plan. He mentioned following a trash truck and observing that one hour and twenty minutes was the time it took to clear trash from one house. He explained that this is why people complain of seeing trash sitting for so long at one location - we would have a more beautiful city if we were stricter about how to dispose of trash. Councilmember Hutton stated that she will prepare a booklet to be mailed out to all islanders so that people will have an easy reference to go to in order to find out the best way of disposing of unwanted items, and packaging trash for disposal. From the audience, the following spoke: Jim Kluttz, Mary McAfee and Margot Grafton. Councilmember Solomon said that he thought it was also suggested that people bag leaves and Mayor Hosti agreed that this is so, saying that the city has never enforced this. Councilmember Hutton asked the City Council for a show of support for the suggested policy and Councilmember Solomon moved that the policy be implemented, Councilmember Orsini seconded and the vote was unan- imously in favor. The vote on the Sapp rezoning petition was next considered. Councilmember Solomon moved it ,be granted and the motion died for lack of a second. Council- member Orsini offered the remark that all of Mr. Sapp's neighbors had good things to say about him and, in his opinion, it is best that the matter go no further because Mr. Sapp can honestly say that Council did not vote to deny his petition. The vote on the Cawley rezoning petition was next and Councilmember Solomon moved it be postponed, with a second from Councilmember Marlin. Council - member Hutton objected, saying that this is the second month Mr. Cawley has had an opportunity to appear. Mayor Hosti stated that he would prefer the matter not 1 1 1 ©G0 July 11, 1985 Page Six be left unresolved, and that Mr. Cawley has had an opportunity to appear. The motion and second were withdrawn. Councilmember Hutton moved to deny, Councilmember Orsini seconded and the motion passed by a vote of three for, two against, and one abstaining. Voting for were: Councilmembers Hutton, Orsini and Jackson, against: Wylly and Solomon and Councilmember Marlin abstained. Julian Toporek asked from the audience the status of the John Sapp petition. The acting City Attorney, Mr. Herman Coolidge, stated that the petition was denied because the motion died for lack of a second and did not gain support for approval. Councilmember Solomon challenged the ruling, then withdrew the challenge. Councilmember Solomon, reporting on the Fishing Pier Committee, said that there is a picture of the presentation drawing in the Clerk's office and one in the hall for the citizens' viewing and that the committee is waiting on copies of the drawings to be distributed to contractors so that prices can be obtained prior to the November referendum. Councilmember Marlin reported that progress on the plans for the new firehouse are slow, but that some plans (first stage) have been received. Zoning Administrator Earl Anderson reported two stop orders for the month: 503 15th Street and 1105 2nd Avenue. Mayor Hosti asked the Clerk to be sure that Mr. Solomon, the Building Inspector, is asked to come to the next meeting, and to be sure that the Inspectors' Reports are made a regular part of every agenda. Councilmember Solomon moved to adjourn, Councilmember Orsini seconded and the vote was unanimously in favor. The meeting therefore was adjourned. CLERK OF CO N IL