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19850808CCMeeting1 1 00024 Tybee Island, Georgia August 8, 1985 The Tybee Island City Council held its regular monthly meeting on Thursday, August 8, 1985 at 7 :30 p.m. at Tybee City Hall. Mayor Charles J. Hosti presided. The following Councilmembers were present: Paul Jackson, Jeanne Hutton, John Wylly, Earl Marlin and Chris Solomon; also present was Thomas J. Mahoney, Jr., the City Attorney. Mayor Hosti welcomed a large crowd and introduced a public hearing on the area annexed in 1983, saying that the public hearing is for the people to express their comments and questions. The first speaker was Johnny Solomon who asked if the plans drawn for the water system are still the intended plan since a recent newspaper article seemed to cast doubt on this. Mayor Hosti assured Mr. Solomon that the city does plan to add fire plugs and increase water pressure and said that much of the work can be done with city forces. He mentioned briefly that the city may accept a combination loan /grant for water improvements but only if the financial strain on the city is not con- sidered too great. Many improvements can be made without grant /loan monies, and these will proceed regardless of the decision made on major outlays. He reiterated that it was the plan to provide better fire service for the area and that this will be done. Mr. Solomon also said that, personally, he'd like to see the frontage along highway 80 zoned commercial. Councilperson Hutton asked what his feelings about mobile homes are, referring to a recom- mendation by the Master Plan that mobile homes on single lots (not within parks, that is) be phased out. The next speaker was Patricia Whitney. She agreed that Highway 80 should be commercial, not necessarily used commercially, but zoned for that use. She 'asked if sewer is available along Highway 80 adjacent to her home on Cason Drive. The Mayor answered that it is not, although it is available on the northern side of the road. There were no others who wished to speak concerning the annexed area., Mayor Hosti announced that the two speakers heard had spoken favorably of commercial 'highway zoning, but that he had received two calls earlier in the day speaking against this. Councilmember Hutton expressed concern that enlarging the business district will discourage the rehabilitation of many vacant or delapidated buildings already in existance. 1 1 00025 August 8, 1985 Page Two Dr. Fred Kessler spoke next asking about rumours that the old Shea property will become a restaurant. He said that he is worried about having a lounge and heavy traffic across the street from his home. Mayor Hosti said that no requests have been made, but that he, too, has heard the same rumours. Mr. Jody &dowski, co -owner of the Breakfast Club, spoke to explain that his corporation is planning a restaurant and that no application has yet been made, but they have in mind a restaurant that will seat 65 -100 people with a lounge capacity of perhaps one /third that amount. He described the average menu price as $12.95, and said that there will be a dress code. He questioned whether the area of Highway 80 is under county jurisdiction, and Mayor Hosti answered that it is within the city limits. Dr. Kessler questioned whether there is enough land to provide adequate parking without invading marshlands and Mr. Sadowski noted that the property is presently zoned Business - Tourist. The next speaker was Mr. Fred Mackey who said that he is present to answer any questions the city may have concerning his petition for a flood damage control ordinance variance for property known as 401 First Street. Mayor Hosti explained the property's situation as he understood it, and Mr. Mackey said that, when the property was purchased, it already included two apartments downstairs with tenants in them - one an efficiency and the other a one - bedroom apartment. There are three apartments upstairs, but the three won't carry the mortgage. He said that he wouldn't have bought it if he had believed that the two downstairs apartments weren't habitable, adding that the hardship is financial and that the bank will get the property back if the two apartments aren't allowed to continue. He also offered the information that he applied for a permit to paint and repair these apartments after he purchased the property, and the permit was granted. He said that he'd never have spent approximately $3,000.00 if he had been told the apartments couldn't be rented. Dick Grosse, from the audience, offered the information that the Davies, who owned the property prior to Mr. Mackey, had rented to Coast Guard personnel and others. Councilmember Solomon said that the building was built when the city was under the impression that commercial properties could occupy the ground floor and that the original construction was allowed by the city. He said that he lives in a neighborhood where there are many apartments downstairs, and that justice should be done. 0002G August 8, 1985 Page Three Councilmember Hutton questioned whether Mr. Davies was not given notice not to build on the ground floor. The Zoning Administrator, Earl Anderson, explained that the original plans showed an office downstairs. He said permission was never given for apartments downstairs, but he was allowed the false plywood front when the office was later disallowed, for the purpose of appearances. Councilmember Hutton questioned whether the same person who had stopped Davies' construction allowed the later permit to remodel the downstairs. Mayor Hosti said he did remember that Davies had said that the front was enclosed only for looks. Mr. Mackey reminded the Council of his financial investment and the hardship refusal will bring, including loss of the property to the bank. Councilmember Hutton asked if Mrs. Sanders also viewed the property prior to the purchase. Mr. Mackey said that Mrs. Sanders would have appeared before Council personally but for the death of her mother yesterday. Mayor Hosti thanked Mr. Mackey for appearing, and promised to bring up the petition under Regular Business. Earl Anderson next spoke as President of the Chamber of Commerce, saying that boat races are tentative, but the date has been moved to the 15th of September. Nine events are planned, with a total purse of $4500.00. Licensed businesses will be able to sell by paying a fee of $25.00 each. The location is on Bay Street, near the city complex, on private property. Permission for the events has been gained both from the state and from the private owners whose property will be used. The events, if held, will be sanctioned by the National Outboard Association and their regulations will be used. The Mayor then asked for public imput on the sanitation policy proposal. First the policy was explained by Councilmember Hutton and it was especially noted that the rules and information will be printed into a pamphlet which will be mailed to every water customer, in hopes that those apartment owners will place a copy in each rental unit. The policy would go into effect fifteen (15) days after the mailout. Dick Grosse spoke for the Sugar Shack Restaurant, saying that he is opposed to the outlawing of leaflet handouts because he believes it is the best advertisement that people have if their businesses are not directly 1 1 1 00027 August 8, 1985 Page Four on the beach front. Mayor Hosti explained that the ordinance would not pro- hibit handing the leaflets to people, only the placing of leaflets on cars. Mary Grosse said that the ideal solution would be a booth at entrance to the island where people could get change for meters and be handed everyone's literature at once. Mayor Hosti said that he considers this a good idea and it will be given consideration. Earl Anderson spoke for the Chamber saying that they have the literature and the Welcome Center, but need volun- teers to work. The meeting was opened for business legally presented. The first item of business was approval of the minutes of July 11, 1985. Councilmember Hutton moved to approve, Councilmember Wylly seconded and the motion passed without dissent. Bills for the month of July were approved as follows: Water /Sewer - $16,740..17; Public Works - $9,807.95 and Sanitation - $2,962.99 (Councilmember Hutton asked tentative approval of these since one invoice is missing and will have to be checked later); Police /Parking - $7,332.79 (Approved tentatively, pending signature of the Police Commissioner who was absent); Fire - $1,021.65; and Recreation - $2,025.08. Under Communications, the recommendations of the Planning Commission were read. The first recommendation was that an extension of lots for Eagles' Nest Subdivision be granted. Councilmember Wylly moved approval, Councilmember Hutton seconded and the vote was unanimously in favor. The second recommenda- tion concerned the application by Ken Bridgwell for a subdivision of the Bishop property and asked that the City Council postpone action on the sub- division until after acting on the portion of the Master Plan that affects the land in question. Mayor Hosti informed everyone that the public hearing for the Bishop subdivision is set for September 12th but that a decision does not have to be made by Council at that meeting. He then asked Council to agree on a date for a hearing on the Master Plan. The date of September 23rd was approved for the purpose of discussing the Master Plan and the Fort Screven re- zoning in particular. The City Attorney warned that, if action is intended, a public notice must be issued and must be specific as to what issues will be voted on. Councilmember Solomon expressed his opinion that a vote should not be taken hurriedly and it was agreed that the public hearing will be held on September 23rd and the vote taken at the next regular meeting, October 10. 1 00028 August 8, 1985 Page Five Councilmember Marlin said that this will give the City Council more opportunity to assimilate opinions expressed by the public, and to look into any questions raised. A communication from Mrs. Mary Grosse was read. The letter reported a problem at Jaycee Park and involved the children's playground and a complaint that playing horseshoes too close to the area could cause an accident to a child. Mayor Hosti asked Councilmember Solomon, Chairman of the Recreation Committee, to check on the situation and be sure that the children's safety is given priority. Councilmember Solomon said that he is familiar with the problem already, and would like to have a sign posted which will read "Child - ren's Playground ". The flood control variance for San -key, Inc. was brought to the floor. Councilmember Jackson moved that it be approved and Councilmember Solomon seconded, saying the city allowed the original ground -floor violation due to misinterpretation of the ordinance. He stated that, even though the interpretation may have been wrong, and the city needs to get tough, it must deal with a problem justly. Coundilmember Hutton mentioned "blind justice" saying that Mr. Davies was told he couldn't put apartments downstairs and if he did it anyway the city isn't responsible. She mentioned again, though, the building permit granted Mr. Mackey allowing a $3,000.00 expenditure on an illegal apartment. Mayor Hosti said that the situation is unfortunate but he doesn't believe the variance would help because FEMA's guidelines are strict, and insurance would probably be refused. Councilmember Wylly asked that the City Council consider this carefully because the city has been on probation with.FEMA for a long time and has worked hard toward having that probation lifted, hopefully by the end of 1985. The vote was two in favor (Solomon and Jackson) and three against ( Wylly, Marlin and Hutton) and the motion to approve the petition was defeated. Mayor Hosti then introduced his own request for a flood variance for the city's firehouse. Fire Commissioner Earl Marlin explained that the new building is essentially a garage, used for parking fire engines and other emergency vehicles; he moved the variance be granted. Councilmember Solomon seconded and the vote was unanimously in favor. 1 1 00029 August 8, 1985 Page Six The proposed sanitation policy came up for discussion next. Councilmember Solomon stated that it bothers him that the city is telling people exactly what and how to do things and he is opposed because the present system has worked for years. Councilmember Hutton moved that the policy be adopted. The motion died for lack of a second. Mayor Hosti spoke in favor of the policy, saying that it could be the best thing for the island and that he hates to see the many abuses continue. He said that he doesn't think the policy asks too much of the people, only asks them to accept a little more responsibility for the island's appearance. Councilmember Solomon said that he has no objection to bagging leaves. Councilmember Hutton said that each member of Council had been given a copy of the proposed policy that included a checklist for comments, and that no one had returned any comments, although she had asked that every- one do so. Councilmember Solomon said that the city needs to spend the money to send mattresses, etc. to town to be disposed of. After some more discussion Mayor Hosti asked that everyone go over the policy again and study it further, returning the comments to him personally. He will then modify the policy if necessary and bring it up again. Councilmember Wylly moved that capital outlay expense for General Government in the amount of $3,752.50 be approved, explaining that these items were budgeted and are two NCR machines to update those in the office - a new register for the cashier and an additional CRT for the Information & Building Clerk's office.' Councilmember Marlin seconded the motion and it passed without dissenting vote. Councilmember Hutton explained that bids have been received for a tractor /loader /backhoe with a ditchcleaning attachment. For a cost totaling $27,560.00 the DPW Committee, following the recommendation of the department supervision who actually inspected the various machines, recommends that the Ford tractor /backhoe be purchased. This was carefully explained - this is not the lowest bid, but is the median bid, and is the machine preferred by those who witnessed the demonstrations. She then moved the bid be accepted, Councilmember Jackson seconded and the vote was unanimously in favor. 1 1 August 8, 1985 Page Seven Councilmember Jackson reported that the Water /Sewer Department will be purchasing a Mighty Mo (a machine used to tunnel underneath streets so that pavement won't have to be broken up) and an S10 pickup truck. Both items are budgeted and Mayor Hosti remarked that they will be ordered after a final consultation with the department head. The Inspections Department Report was made by Earl Anderson, Zoning Administrator, and a written report from the Building Inspector, Edmund Solomon, was read by the clerk. It was noted that 3 footing violations on the July report had been corrected and the buildings are nearly complete now. It was also noted that stop orders had been issued as follows: 1) 706 Second Avenue - work stopped 7/11/85, violation (flood ord.) removed by 7/18/85. 2) Lovell at 16th Street - complaint that pool was being built too close to electric line - measured by SEPCO and no violation found. 3).. 1305 Second Avenue - 8/7/85 stop order placed; corrective action begun on 8/8/85. 4) Stop order still in place at #5 Eagles Nest. Councilmember Marlin reported that 6 bids are out for the firehouse project and that 2 more are expected to bid. The bids will be opened on August 19th. Councilmember Solomon said that the committee is awaiting cost analyses on the fishing pier so as to be prepared for a possible November referendum. He showed the latest design drawings of the project. Mayor Hosti said that proper public relations work can make the pier a paying proposition. Councilmember Wylly announced that there is now a total of 2.69 million dollars in state and federal funds allocated for erosion - the south groin will be built, the north groin raised and a small amount of renourishment done. The meeting was adjourned.