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19860612CCMeeting1 C013* Tybee Island, Georgia June 12, 1986 The Tybee Island City Council held its regular monthly meeting at Tybee City Hall on Thursday, June 12th. Mayor Parker presided, opening the meeting at 7:30 PM. The following members of Council were on hand: Paul Jackson, Jean Davis, Phil OEDell, Bill Walsh, Kilma McCutchen, and Chris P. Solomon. The City Administrator, Bob Thomson, and the City Attorney, Tom Mahoney, were also present. Mayor Parker opened the meeting by announcing that the Marsh Pines Subdivision petition will be postponed because the Planning Commission recommended waiting for addi- tional information. The City Attorney suggested that the hearing be re- advertised, probably for the July regular meeting on July 10th. The first visitors to appear were Bob Duffy, David Minkovitz and Dwight Feemster. Mr. Minkovitz has applied for a permit for a mobile unit hot dog cart, and Messrs. Duffy and Feemster, both attorneys, spoke for his request. Speaking against the request were: Charles Mas- terpolis, John O'Neill, former Councilmember Jeanne Hutton, Alice Martin and Willie Mae Steele. Their primary objections seemed to be that they feared: a flood of such mobile units, changing the face of Tybee; traffic hazards, litter increase, violation of zoning laws and unsanitary conditions. In rebuttal Mr. Duffy spoke of the unit's permit from Chatham County Health Department, and of his client's promise to clean that section of beach where the cart worked daily, and to open a store from which to service the cart(s) if required. He also spoke of a special hot dog to be called the "Tybee Hotdog" and sold nowhere else. 1 ck a2 Tybee Island, Georgia June 12, 1986 Page Two The next speaker was Linda Odum who petitioned for a business license to operate an ice cream truck and cater parties. The business would be called "Island Sweets & Treats" and could be confined to whatever portion of the island allowed by Council so as to insure safety. After a short questioning from the Council, the Mayor referred this to the regular business meeting for decision. There was a short discussion of a license application from Windsu►fing for a school and surfboard -type rental. No one was present to speak for the petitioner. The next speaker was Fitz Simmons who questioned the City Council on the following questions: 1) Was an engineering study done before deciding to build an elevated water tank? Mayor Parker answered affirmatively. Bob Thomson added that a computer analysis was also completed by the city engineering firm. 2) Why an elevated tank? Chris Solomon answered, saying he had supported a ground facility until convined that the elevated tank is more energy- efficient and cheaper to operate. 3) Is Tybee an equal opportunity employer? If so, Who is the mechanical inspector and what are his skills? He was answered that the electrical inspector is handling this work, and that most mechanical inspections we have involve electrical equip- ment. Mayor Parker expressed his satisfaction with the qualifications of the inspector. 4) When will Tybee streets be paved? Is there an agreement with the County regarding the use of the current Roads Tax money. The City Attorney responded by saying that the County Commission controls this tax, but that city officials have met with them to ask for street paving money from this funding source. It was noted that disbursement of this tax money will not happen in this fiscal year. Ctilnbft Tybee Island, Georgia June 12, 1986 Page Three Roy Rowell spoke for the developers of Marsh Pines Subdivision, saying that prior to the Planning Commission they had thought they had presented everything requested, only to learn at the meeting that some members of the Commission wanted data they had not earlier mentioned. He wanted assurance from the city council that the delay would not cause the petition to lapse and be ineligible for hearing. He was assured that the City Council will hear his petition when the Planning Commission is satisfied with the submitted material, and willing to make a recommendation. Mr. Rowell said that this might mean a delay until the August meeting since his engineer cannot finish the work as soon as he wished due to other committments. He also stated that he didn't believe the Planning Commission was aware of some of the materials that were submitted in advance of their meeting. There were three petitions for flood ordinance variances, one of which was represented by counsel, as follows: J.C. Clements for 11 -A Ocean View Court, repre- sented by attorney, Charles Gatch. Mr. Clements is seeking per- mission for a lower floor bathroom saying that one member of the family is in a wheelchair. This family member resides in a nursing home, but Mr. Clements would like to bring her to the beach often. Mrs. Marjorie Harris spoke, saying that she met a friend and nh:ighbor of Governor Joe Frank Harris who visited the museum and told of a horrible experience with a local hotel room. The complaints centered around dirty linens and poor housekeeping. She said that the Chamber cif Commerce advertises to attract nice people for visits, and the City Council should see that the motels are clean. Mayor Parker promised that the Health Department will be asked to check. Charles Masterpolis, speaking for the Chamber, said that the motel in question has been dropped from the Chamber and the Chamber & Welcome Center do not recommend it to visitors. 1 1 Tybee Island, Georgia June 12, 1986 Page Four The meeting was opened for business legally presented and the minutes of the May 8th meeting were approved as written. Bills for the month of May were approved for payment as follows: Water /Sewer General Government Police /Parking Recreation Fire /First Responder Public Works /Sanitation $19,823.32 $17,089.96 $11,941.17 $2,777.45 $1,206.02 $20,168.82 Bob Thomson reported for the Inspections /Planning/ Development Department, saying that Cr la'Y Page has been doing an excellent job filling in for Edmund Solomon who is recuperating from surgery and that the building on the island is heavy, with over a half millions dollars in new construction and renovation, most of this single - family residential. Mayor Parker, with the Council's concurrence, stated that the Planning Commission's recommendation will be followed regarding Marsh Pines Subdivision - a postponement is granted, probably until August, and will be re- advertised. Bob Thomson spoke to explain three requests for flood ordinance variances - 1) Clements for 11 -A Oceanview Court, already explained by his attorney; 2) Mrs. Hankins - an error by builder, allegedly ;which can be in compliance when the new FIRM map goes into effect do June 17th; and Mr. & Mrs. Dean Nichols who assert that the city approved the lower -floor bathroom built in 1980. Mayor Parker suggested that, since the city hasn't had a chance to hear from FEMA's Region IV office in Atlanta regarding these petitions, they be postponed and a committee set up to look into them. This was agreeable to Council and he appointed the following committee: Bill Walsh, from the City Council; Bob Tybee Island, Georgia June 12, 1986 Page Five Thomson, City Administrator; and Carl Page, from the Inspections Department. He asked the City Attorney to offer his imput as well, and requested action in ten days' time. Councilmember Solomon spoke of the fishing pier committee's work, saying the point has been reached that a little money needs to be spent on working specifications /drawings so that cost estimates can be made, as1 well as a feasibility study. He moved that bids be sought for this purpose, Councilmember Jackson seconded and the motion carried unanimously. Read into the record were the resignation of Jeff Dukes from the Planning Commission, Zoning Board of Appeals, and CAPDC Advisory Board. Mayor Parker's letter of regretful accept- ance was also read. The City Attorney explained a Resolution required to exempt Tybee from the Transit Authority. He noted that all muni- cipalities in the county have the option not to participate, with the exception of the City of Savannah. He then read the Resolution excluding Tybee. Councilmember Davis moved its adoption, Council- member Solomon seconded and the Resolution passed by unanimous vote. The Second Reading of an Ordinance updating the city's Electrical Code (Section 8 -2 -12 of the Tybee Island Code of Ordi- nances) was read by the City Attorney. Councilmember Solomon moved its adoption, Councilmember Jackson seconded and the vote was unan- imously in favor. A copy is attached to, and becomes a part of, these minutes. An ordinance updating Code Section 3 -2 -22(2) - Wine Tax was read and adopted unanimously on first reading. A second reading followed immediately, with Councilmember Walsh recommending adoption, seconded by Councilmember Jackson and unanimously passed. A copy is attached to, and becomes a part of, these minutes. 1 Tybee Island, Georgia June 12, 1986 Page Six An ordinance requested by the Tybee Island Police Department to be entitled "Open Doors & Excessive Noise" and enumerated Section 9 -2 -10 was heard on First Reading. Several members of the audience spoke in concern about the application of the ordinance after Police Commissioner O'Dell requested that the ordinance be referred back to committee. Those speaking from the audience were: Tom Kelly, Steve McCusker. Mayor Parker agreed to send the ordinance back to the Police Committee but requested a report before the next meeting, saying that noise pollution is a problem, and that a solution must be found and action taken to correct this problem. Mayor Parker then introduced appointments to several volunteer positions on various boards. Councilmember O'Dell moved that the appointments be voted on individually. Councilmember Walsh seconded and the vote was as follows: Opposed to the motion were Councilmembers Jackson, McCutchen and Solomon. In favor of the motion were Councilmembers O'Dell, Davis and Walsh. Mayor Parker broke the tie with a negative vote and the motion failed by a vote of 4 - 3. Councilmember Jackson then moved that the appoint- ments recommended be accepted and the vote was as follows: In favor of the motion were Councilmembers Solomon (who seconded), Walsh, McCutchen, Davis and Jackson. Councilmember O'Dell abstained. The appointments thereby accepted were: 1) Zoning Board of Appeals - Charles J. Hosti to complete term of Jeff Dukes (12/31/87). 2) Planning Commission - Loree Anderson to complete Frank Mills' term and John Hutton to complete Jeff Dukes' term, both of which expire 12/31/87. 3) Downtown Development Authority - Charles Masterpolis 12/31/87, Tom Kelly - 12/31/86, Dave Steele and Mayor Parker for six - year terms. 1 01.37 Tybee Island, Georgia June 12, 1986 Page Seven In addition to these appointments, Bob Thomson was asked to serve Jeff Dukes' term on the CAPDC Local Advisory Council. Mayor Parker announced consideration of business license requests. Councilmember Davis moved to grant the hot dog vending license with a second from Councilmember O'Dell. The vote was 2 (those already named) in favor, four (Solomon, Walsh, Jackson and McCutchen) against. The motion failed, although there was again a lengthy discussion prior to the vote. The license application was denied. Councilmember O'Dell then moved that the license for the ice cream truck be denied on the grounds that it will interfere with other people's business. There was a short discussion of the wording of the motion, and Councilmember McCutchen seconded. There were four votes in favor of denial: Councilmembers Walsh, McCutchen, Jackson and O'Dell; and one in favor of granting: Councilmember Davis. Councilmember Solomon abstained due to the wording of the motion. The application from Windsurfing, Inc. was tabled awaiting information from the applicant. The 'meeting was adjourned. 1 OL 138 Ordinance # /99r - /T AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA CODE OF ORDINANCES, AMENDING SECTION 8 -2 -12 Electrical Code Adopted AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED, THAT SECTION 8 -2 -12 ELECTRICAL CODE ADOPTED BE DELETED IN ITS ENTIRETY, AND A NEW SECTION, TO BE ENUMER- ATED IN EXACTLY THE SAME MANNER, BE INSERTED IN ITS STEAD; THE NEW SECTION TO READ AS FOLLOWS: Section 8 -2 -12. Electrical Code Adopted. (a) A certain document, one copy of which is on file in the office of the clerk of council where it is available for public inspection during regular business hours, being marked and designated as the "National Electrical Code, 1984 Edition, which code is the standard for electric wiring and apparatus of the National Fire Proection Association, be and the same is, hereby adopted as the electrical code of the city, and each and all of the regulations, pro- visions, penalties, conditions and terms of this electrical code are hereby refered to, adopted and made a part of this article as though fully set out at length herein. (b) In addition to the electrical code adopted in Paragraph (a), the following criteria are also adopted as local requirements for electrical service: 1) All wiring, service included, must be copper. No aluminum allowed. 2) All panels & disconnects must be accessible. (Prohibited in- stallations: bedrooms, baths, closets). 3) Grounding. Water pipe & ground rod. 4) GFI breaker required on light switch /receptacle below base flood level. 5) All condensors and compressors should be elevated a minimum of 12" off ground. 6) No appliances (water heater, washer, dryer included) to be installed below base flood elevation. 7) No exposed E.M.T. (Rigid or plastic only). 8) Wiring used in lieu of sawbox must be GFI protected. 9) No penetration or routing through.firewalls is allowed. 10) Electrical smoke detectors required on each habitable floor. (c) All applications for permits for electrical work must be routed through the city building permits department. 44,1,4 45 CLERK OF COUNCIL ADOPTED THIS j 2 DAY OF , 1986. 1 1 C01.39 ORDINANCE # f ?0 6 -4S AN ORDINANCE OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, AMENDING PARAGRAPH (2), SECTION 3 -2 -22, Amount, AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED, that Secton 3 -2 -22, Amount, paragraph (2) be deleted in its entirety, and the following paragraph, to be enumerated and entitled the same and to read as follows: Section 3 -2 -22, Amount (2) Wine: Twenty -two (22) cents per liter on wine. ADOPTED this iGr day of v�.+Q.... , 1986. Clerk of Council MAYO