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19890608CCMeeting1 Tybee Island, Georgia June 8, 1989 The Tybee Island City Council held its regular monthly meeting at Tybee City Hall on Thursday, June 8, 1989. Mayor Walter W. Parker called the meeting to order at 7:30 P.M. Councilmembers present were: Paul Jackson, Jean Davis, John O'Neill, Bill Walsh, Jack Youmans and Chris Solomon. Thomas Mahoney, the City Attorney was also present. Mayor Parker welcomed a large crowd of citizens. He then apologized for the stage curtain being down because of a broken curtain rod. A public hearing was called for a minor subdivision for Sheley- Jackson on Van Horn Street in Fort Screven. No one was present to speak for or against. Mayor Parker asked John Hutton for the comments of the Planning Commission. Mr. Hutton said there was two lots now and the petitioner would like to make it into three lots so a family member could build a home. The owner will be responsible for opening the access road which will be Waters Road . The Planning Commission voted in favor of approval unanimous. The rezoning petition for PIN #4 -02 -20 -002 could not be heard because a hearing is pending in the Georgia Court of Appeals. A variance on PIN #4 -06 -13 -002 was asked to be postponed by the petitioners for one month. John O'Neill would like to be able to assure the citizens that come to speak for a certain hearing that it would not be hear at this time before they come to the council meetings. The first visitor to speak was Kay Toomer Strickland about the use of City Hall Auditorium for the physical fitness program that she is now holding at the Recreation Center on Cedarwood Drive. The reason being that the A/C is not working well enough. Councilman Solomon said he was not aware that there was a problem and would look into it. Ms. Strickland said she would like to see the children of the island get interested in physical fitness. Chris Solomon said he would turn this over to Frankie Solomon, the Recreation Director. Jim Mavrikis appeared before council to question about his house on 14th Street. Mr. Mavrikis said his understanding was that if you put a house back in the same place within 12 months you did not have to have a fire wall. John O'Neill said that his understanding is that if a house burns to the ground, Tybee Island, Georgia June 9, 1989 Page 2 when you build back you must comply with all codes and regulations. Mayor Parker would like the City Attorney to study this problem. Bob Dyer form the CITE Committee spoke of the citizens concerned with managed growth,and the update of the Master Plan. The three types to be seriously considered are 1. single family 2. resort 3. retirement. CITE feels like multi is predominate on the island at this time. Mr. Dyer also questioned the water supply, police protection, fire protection (three story buildings), and tourist. He also invited all citizens of Tybee Island to attend the CITE meetings. Gloria Allen of TINA asked if anybody at the meeting would care to volunteer to help with the zoning /Master Plan update. If so she had sign up sheets in the back of the auditorium on a table. Fitz Simmons then spoke about the trash /rubbish ordinances in our code book asking whether we write citations for all of these code sections. 5 -2 -1, 5 -2 -3, 5 -2 -4 and 5 -2 -5. Councilman O'Neill gave his opinion on the 1% tax referendum to be voted on in July of 89. He said until there is a change of direction with the Chatham County Commissioners that he is not for giving them that much money to work with, but he does endorse extending the 1% for roads only, not to build a jail for the over crowding. Mayor Parker said it would be bad if this 1% tax is not extended. Minutes from the May 11th meeting were approved. Bills for May, 1989 were approved as follows: Police /Parking $15,743.94 General Gov. 8,123.60 D P W 12,630.00 Sanitation 16,922.00 Water /Sewer 21,706.16 Fire Dept. 9,506.97 * First Responder 153.21 Recreation 1,142.68 * Council Youmans stated that $8,000.00 of the Fire Dept. was owed from a previous administration. Tybee Island, Georgia June 9, 1989 Page Three Communications were read, as follows: 1) A letter from Sam Adams, dated 5/21/89, supporting the suggested changes in the Fire Code recommended by the Planning Commission. 2) A letter from Planning Commission chairman, John Hutton, dated 5/8/89, regarding three subdivision plats: Shipwatch, Marshwinds III, and the J. L. Sapp triplex. The first was recommended for final approval; the other two were not recommended for final approval until some further action was taken on each. (3) A letter from County Manager Russ Abolt regarding fire districts was read. Fire Commissioner Youmans said that he didn't see the county's action having any immediate effect on Tybee's volunteer fire department or its sub- scribers. A change in the city's fire code, Code Sections 8 -2 -11c and 4 -2 -23c were read. The first reading passed unanimously with motion made by Councilman Youmans, seconded by Councilmember Davis. The first reading of Code Section 4 -2 -24 and 8 -4 -31, additional changes to the Fire Code followed. Councilman Youmans moved it be adopted provided the setback language be deleted, saying that the setback is okay as is; Councilman O'Neill seconded the amended ordinance. Mayor Parker called on Jimmy Brown of the Planning Commission who explained that the setback footage was intended to aim for uniformity and that variances were possible. On Second Readings, the Code Sections 8 -2 -11c & 4 -2 -23c passed, and are attached to these minutes. The Code Sections involving setbacks (4 -2 -24 & 8 -4 -31) were postponed for Second Reading until after further study. A recommendation regarding a handout explaining the city's firewall requirements was considered. Councilman Youmans moved, and Councilmember Davis seconded, a motion to adopt the recommendation, and the vote was 6 - 0 in favor. The inspections department will be asked to make this information available to those applying for building permits. The agreement for jail services between the city and Chatham County was accepted by consensus after Chief McCutchen commented on its provisions. Councilman Youmans recommended that City Marshall Jerry Farmer assume the duties of fire inspector, taking the place of Tom Scholl who has resigned. 1 Tybee Island, Georgia June 9, 1989 Page Four He explained that Jerry Farmer has had fire department experience, but that he will need training. He then moved to accept the Mayor's nomination for fire inspector, Councilman Jackson seconded, and the vote was unanimous in favor. Councilman Youmans thanked Mr. Scholl for his dedicated service over the years, saying that the job was a poorly compensated one. Mayor Parker endorsed Councilman Youmans words, saying that Mr. Scholl had done an excellent job for the city, and there was applause from the audience. A resolution supporting the Coastal Regional Development Center was read. Councilman O'Neill moved that the city not adopt this in view of the present controversy over representation, etc. Mayor Parker said that partici- pation is mandatory, that the city has to accept the RDCs and pay its share (probably $2500 to $2700 per year) because otherwise no state money can be spent here. Councilman O'Neill withdrew his motion. Councilmember Davis moved adoption of the resolution, Councilman Walsh seconded and the vote was 5 - 1, with the dissenting vote cast by Councilman O'Neill. The proposed firearms ordinance was discussed at length. Mr. Mahoney said that he'd like time to revise it after studying suggestions from Chief McCutchen and other interested parties. Mayor Parker said that he'd like to see Tybee have a 7 -day waiting period. The further consideration of firearms was postponed until a later meeting. Councilman O'Neill moved that Council adjourn and re- convene in executive session. Mr. Mahoney gave a report on the status of the McDaniel suit, saying that the parties had met with the judge in conference on June 5th and a motion had been filed for summary judgement. Mayor and Council were informed that they can put the insurance company on notice regarding a settlement, but no further action was taken. The meeting was adjourned. 94kt. CLERK OF CCis L 1 1 Ordinance # Reg ° 4, AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES, DELETING ORDINANCE #1987 -1 AND SUBSTITUTING IN ITS STEAD, NEW CODE SECTIONS NUMBERED 8- 2 -11(c) AND 4- 2 -23(c) BEING IDENTICAL IN WORDING AND BECOMING A PART OF THE TECHNICAL CODES FOR FIRE SAFETY, AND FIRE PREVENTION, AND OF THE BUILDING CODES ADOPTED, SPECIFICALLY. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES BE AMENDED BY THE DELETION OF ORDINANCE #1987 -1 AND THE SUBSTITUTION OF: Code Section 8- 2 -11(c) and 4- 2 -23(c) Common walls that separate two or more structures or two or more stories in multiunit structures shall be fire walls as prescribed by the Standard Building Code. (1) In all multifamily structures of two or more units, each dwelling unit shall be separated by either: i. A fire wall as specified by the Southern Building Code Congress International, or ii. Each unit shall be fully sprinkled by a system conforming to NFIPA Standard 13 as modified by NFIPA 231 and NFIPA 231(c) and installed by a firm holding a valid Georgia State Competency Certificate. (2) In those areas designated as V -zones on FFIP maps published by the Federal Emergency Management Agency, only "2" above shall be permitted. 1st Reading: 6/8/89 2nd Reading: ADOPTED IN OPEN MEETING THIS g»DAY OF_, 1989. MA iR ERK OF COUNCIL IT IS RECOMMENDED THAT THE TYBEE ISLAND PLAN REVIEWERS AND INSPECTORS FOLLOW THE DEFINITION OF FIRE WALL AS CONTAINED IN THE LATEST EDITION OF THE SBCCI STANDARD BUILDING CODE. THE DEFINITION CALLS FOR: 1. Four -hour resistance (Table 600). 2. Protective openings of three -hour resistance (Table 600). 3. FIREWALL to extend from foundation thru roof, unless non - combustible roofing materials are used forty feet (40') to each side of the wall. 4. Construction must allow for collapse of structure on either side of wall without collapse of wall itself. WHERE FIREWALLS ARE CALLED FOR IN THE TYBEE ISLAND CODE OF ORDINANCES, THE ABOVE DEFINITION IS PRESENTLY SUPPOSED TO BE ENFORCED.. SHOULD A BUILDER WISH TO CONSTRUCT ANOTHER TYPE OF WALL AS A SUBSTITUTE FOR A FIREWALL, HE MUST PETITION THE PLANNING COMMISSION AND MAYOR /COUNCIL FOR A VARIANCE. Adopted in Open Meeting this -I day of Motion by: Second by: Vote: 1 , 1989. 1 r 1 RESOLUTION WHEREAS, the City of Tybee Island has been a longstanding member of the Coastal Area Planning & Development Commission and has been actively involved in issues of regional concern; and WHEREAS, this membership has resulted in many important forms of local government support and regional cooperation; and WHEREAS, Chatham County has been paying 75,t per capita annual dues to support the Coastal APDC; and WHEREAS, the recently passed growth strategies legislation will replace APDCs with Regional Development Centers which will serve the functions of regional planning, coordination of development, and provide services to member county and city governments; and WHEREAS, these functions and other responsibilities of the Regional Development Center for the coastal area of Georgia will be vital to the continued improvement in the quality of life; and NOW, THEREFORE, BE IT RESOLVED THAT TYBEE ISLAND, GEORGIA PLEDGES ITS CONTINUED SUPPORT OF REGIONAL PLANNING AND DEVELOPMENT THROUGH THE REGIONAL DEVELOPMENT CENTER CONCEPT; and BE IT FURTHER RESOLVED THAT THE CITY OF TYBEE ISLAND COMMITS ITSELF TO PROVIDE ANNUAL MEMBERSHIP DUES IN THE AMOUNT OF 75c PER CAPITA TO THE REGIONAL DEVELOPMENT CENTER BASED ON POPULATION ESTIMATES TO BE PROVIDED BY THE GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS; and BE IT FURTHER RESOLVED THAT TYBEE ISLAND, GEORGIA will make every effort to fully participate as an active member in the Regional Development Center that will serve coastal Georgia. Adopted in Open Meeting this q d, day of 1 . ATTEST: MAYOR 1989. CLER OF COU CIL 1 1 PROCLAMATION WHEREAS, The Boys Club Choir of Rome, Georgia, is a nationally recognized choir which produces annually a choir program that is anticipated eagerly by audiences throughout the southeast; and WHEREAS, ;Those associated with the choir are taught leadership and other positive aspects of citizenship as well as how to inspire and entertain; and WHEREAS, These young men have chosen this year to visit our home, Tybee Island, Georgia, at the invitation of our Tybee Island Optimists Club, and WHEREAS, Both the Optimists and the city as a whole are honored to have such as renowned and artistic a group among us; NOW, THEREFORE, BE IT PROCLAIMED THAT THE CITY OF TYBEE ISLAND, GEORGIA, EXTENDS A WARM WELCOME TO THE BOYS CLUB CHOIR OF ROME, AND THAT SATURDAY, JUNE 10 1989, SHALL BE KNOWN AS ROME BOYS CLUB CHOIR DAY IN TYBEE ISLAND, GEORGIA; and BE IT FURTHER RESOLVED THAT THE CITIZENS OF THIS ISLAND DO JOIN WITH THE TYBEE ISLAND OPTIMISTS CLUB AND THE MAYOR AND COUNCIL TO CONGRATULATE THESE FINE YOUNG MEN AND THEIR ADULT ADVISORS ON THE EXCELLENCE OF THEIR MUSICAL AND MORAL REPUTATIONS, EXTENDING OUR SINCERE GOOD WISHES FOR THEIR CONTINUED SUCCESS. ATTEST: TYBEE ISLAND PLANNING COMMISION Minutes - June 5, 1989 John Hutton call the meeting to order. All members were present. Also present was Mayor Walter Parker, Council members Jack Youmans, Bill Walsh, Jean Davis and Chris Solomdn. The minutes from May and April were accepted and passed. Secretary Report: May - $197.40 Y T D $2,170.10 Committee Reports: A. Fitz Simmons - went to Billy Pye and Art Harden for update, they are still working on it. B. Jim Kluttz - not done yet. C. Gloria Allen - spoke on the committee of TINA helping with the Masterplan update. Unfinished Business: Same as last month - A. Sapp Triplex - problems with firewalls Communications: Letter read by John Hutton from city attorney Tom Mahoney. Copy Attached. Letter and telegram read from property owners adjacent to property in question. 44 Wrenwood Avenue New Business: A. Motion made to have minutes taken by Commissioner member on a rotating basis. B. Literature and material on planning and city charter. C. Petition 89 -6 -2 (James Sheley) Minor Subdivision: Motion made by Jim Kluttz to approve petition contingent on property owner opening right a way to property along Waters Avenue. It was seconded, voted on and passed unanimous. No public outcry. D. Petition 89 -6 -1 (Edward Slayton) Side setback variance. No public outcry. Motion made by Rusty. Fleetwood to approve variance, seconded. Defeated by 5 -4 vote. Both petition will be presented to council for public hearing on Jume 8, 1989. Simmons motioned to adjourn, seconded.