HomeMy Public PortalAbout19900712CCMeeting1
Tybee Island, Georgia
July 12, 1990
The regular monthly meeting of the Tybee Island City
Council was held on Thursday, July 12, 1990, beginning at 7:30 p.m. at
Tybee City Hall Auditorium. Mayor Charles J. Hosti presided, and the following
members of Council were present: Mayor pro tem Jimmy Brown, Jeff Dukes,
Paul Jackson, Pat Locklear, Bill Walsh and Jack Youmans. Mr. Thomas J.
Mahoney, Jr., City Attorney, was also present.
The meeting began with an Invocation by Councilman
Locklear, followed by the Pledge of Allegiance, led by Mayor Hosti.
Tybee's Recorders' Court Judge, Hermann Coolidge,
introduced Judge Drew, a candidate in the upcoming Primary Election,
recommending him to the people of Tybee. Judge Drew then spoke, asking
for votes and support.
Buck Stone & Dan Weatherly appeared in support of
a Labor Day Muscular Dystrophy telethon, needing a one -day beer permit
for a Channel Three program that will end at 6 or 7 p.m. Jim Kluttz' question
regarding amounts of money raised was answered that it has varied, according
to location, from $3200 to $1200 each year.
A Public Hearing on subdivision of 18th Street property
owned by Burke Day. This petition has gone twice to Planning Commission and
has a positive recommendation from them supporting rezoning from C -1 to
R -2, provided a drainage plan is worked out with the city. There was no
public comment, pro or con.
A second petition was heard: a request for a height
and side yard variance for 1703 Chatham Avenue (McNaughton). History of
the project was given by Dana Braun, attorney. He pointed out that there
are different requirements in various codes or code sections, i.e., 1973
local code is 38', SBCCI is 40', with 50' if brought to one hour fire rate.
In Code Section 8- 4- 31(k)(2) the height over 35' is tied to a setback require-
ment. He claimed hardship in that building permit was issued and followed,
and that changes in the roof line now, after completion, would be a financial
hardship, requiring an additional expenditure of $50- 60,000. The sideyard
variance for the air conditioning, now required by new FEMA regulations
to be elevated, would add a cost of $3- 4,000. The actual height of the
building is 40'10 ". He said there was a simple error made and that the
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Tybee Island, Georgia
July 12, 1990
Page Two
error was not deliberate. The actual height could be figured from the
plans as originally submitted. He also said that a neighbor, Ms. Teresa
Norton, complained and that the city issued a stop order, but then the
work was allowed to continue with a sprinkler system added.
Mr. Mahoney said that he had been contacted at 5:30
p.m. today with a request for a postponement of action by attorney David
Johnson, who stated emphatically that he was not the attorney for Ms. Norton
or any other neighbor, but simply making a request. Mr. Mahoney said he
told the attorney he has no power to grant a postponement, but would pass
the request to the Mayor and Council.
Councilman Youmans said he keeps hearing a basic
theme that the total height of the building wasn't written on the plans.
He asked the question, "Shouldn't the architect be held responsible ?"
Councilman Jackson said that the 1988 SBCCI Standard
Building Code was adopted, but that the city kept the 1973 codes as well.
Both are currently in effect.
Dr. Rollins asked from the audience if the sprinkler
is in the attic? The answer was affirmative.
There were no other speakers in favor, but there
was a written communication from John & Margaret Wylly, adjacent neighbors,
supporting the request.
Ms. Teresa Norton spoke against the variance petition.
She said she'd asked the city for an official measurement the day the first
rafter went up. She said it will be difficult to get fire equipment between
the two houses. She suggested there may have been an attempt to keep the
actual total height from notice when plans were reviewed.
Dr. Rollins spoke of the fire hazard, saying his
1905 houses, built of heart pine, is at risk. He said he and Mr. Lynah
both object and asked if the Council hasn't inspected the site, they delay
decision until they do.
Gloria Allen quoted a Quaker saying, "Speak truth
to power." She suggested there is a need for negotiation, but further
stated that we are responsible for making and upholding our own laws.
Jeff Kline, the builder, spoke of his daily diary
he keeps of the jobs, giving exact dates the plans were delivered to City
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Tybee Island, Georgia
July 12, 1990
Page Three
Hall, and documenting the dates of each step of construction, including
complaints and conferences concerning the height.
Jerry Farmer, Inspections Supervisor and Fire Inspector,
explained the alternatives, and stated that the attic has been pre - plumbed
for a sprinkler system.
Dr. Rollins spoke again to ask that the distance
between the two buildings be considered. Teresa Norton spoke, summing
up her objections.
Mayor Hosti closed the hearing after saying that
he hopes the Planning Commission will consider a way to clarify and reconcile
the differences in the codes that lead to problems of this kind.
A variance for #7 Center Terrace (Spoolstra) was
next considered. Mr. Spoolstra spoke, saying his neighbors are all closer
to the rear property line than his house is and asking that he be granted
a variance from the 20' requirement for a deck. The setback, if granted,
would put him 132' from the line. There were no speakers from the audience
and the hearing was closed.
Jackie Sommers, candidate for President of the School
Board, spoke, saying his number one interest is education, and giving his
qualifications and the ideas he has for improving our public schools.
Walter Brown spoke, explaining to the Council a
misunderstanding he had about his water bills, and asking that the delinquent
penalties be removed. This was referred to the Water /Sewer Committee Chairman,
Paul Jackson. He also asked about his request for a portion of Alger Avenue
to be quit - claimed to him. This requires a plat change, and he has given
the city a copy of the plat.
The meeting was opened for business legally presented.
The Day subdivision on 18th Street was approved
by motion of Councilman Dukes, seconded by Councilman Youmans. The vote
was unanimous.
There was a motion by Councilman Jackson, seconded
by Councilman Dukes, to approve the variance for 1703 Chatham Avenue. Council-
man Brown amended the motion to "approve the height variance, but deny
the side variance for the air conditioning ". It was noted that FEMA now
requires the elevation of heating & cooling systems, and that since the
systems weren't counted in the setback when set at ground level, there
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Tybee Island, Georgia
July 12, 1990
Page Four
could be a question of injustice if elevated units are required to be set
back. This question was referred to the Planning Commission today, in a
meeting with the Planning & Development Committee.
Councilman Jackson agreed to the amended motion
and discussion followed. Councilman Youmans stated that any building over
35' in height counts against the city when ISO evaluates us fora lowered
fire rating.
Councilman Dukes said that he has sought advice
and followed advice ever since the McNaughton problem developed in March.
He said he's seen no evidence of any intent to deceive, but has seen ambiguity
and, in hindsight, mistakes may have been made. He said anytime a citizen
is granted a variance, we all lose. He added that simple justice leads
him to support the variance. Councilman Brown requested that it be especially
noted that a sprinkler system must be installed, and inspected by the city.
The amendment passed by 6 - 0.
The motion was then voted on with the following
results: Voting for the motion - 3 (Jackson, Dukes, Walsh) and voting
against the motion - 3 (Youmans, Locklear and Brown). Mayor Hosti broke
the tie with an affirmative vote and the motion to grant the height variance
and deny the side variance for the air conditioning, passed by a final
vote of 4 - 3.
Don Harris, Planning Commission member, reported
an affirmative recommendation on the Spoolstra petition for a back yard
variance. Councilman Brown moved that the variance be denied due to lack
of proven hardship, Councilman Locklear seconded and the vote was unanimous
in favor of denial.
A one -day beer permit for the M.D. Telethon was
granted to Mr. Buck Stone. The location is Memorial Park.
Minutes of the June 14th meeting were approved as
written.
Water /Sewer -
DPW -
Sanitation -
Police -
Recreation -
Lifeguards -
Bills for June, 1990 were approved as follows:
$15,937.93
$13,695.67
$18,315.75
$10,468.26
$ 2,507.27
$ 2,330.20
Fire
1st Responder
Gen. Govt.
Spec. Approp.
Parking
$ 3,509.59
$ 78.00
$ 6,752.48
$11,434.26
$ 4,389.67
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Tybee Island, Georgia
July 12, 1990
Page Five
Councilman Dukes introduced the bids for insurance
for comprehensive coverage, property and liability, saying that Councilman
Locklear and the City Administrator had done most of the research, and
had consulted with a municipal insurance expert, Mayor DeLoach of Hinesville.
Councilman Locklear reported that the city's present independent agent,
Dixon Sheehan Titus had presented two bids with a recommendation that the
lower bid be accepted. The two bids totaled $83,686. and $70,114 respectively.
Councilman Dukes then moved that the low bid be accepted, and Councilman
Locklear seconded. The vote was unanimous in favor of the motion.
Councilman Locklear reported that the Mayor of Hinesville
looked over the three bids we received for group hospitalization for employees
and recommended the plan offered by GMA. Councilman Dukes stated that
the finance committee had looked carefully at all three bids, unanimously
recommending GMA. He then moved that the GMA plan be implemented, with
a second from Councilman Jackson. Councilman Youmans asked about the percentage
of payroll deduction for employees, and the deductible. He was assured
that the Council will have an opportunity to vote on these questions after
GMA's presentation. e r-%O* of w0.s Pcs-ssCd t,�n�r►r rrcy�.sl� .
Councilman Dukes reported that the Marine Science
Center has suffered benign neglect and that the building is in poor repair,
with half the ceiling tiles down from water seepage. He has established
a support group of citizens: Arnie Seyden, George McDonald, Jean Davis,
Burke Day, Charlie Reeves, Phil O'Dell and Jim and Anne Monaghan. Ex officio
members of the committee are the Mayor, Pat Locklear, Don Stewart, and
Lewis Taylor. The committee is asking for dollars and volunteers to upgrade
the building.
A memorandum from the finance committee recommending
a procedure for implementing pay raises and setting rates for new positions
was read, with Councilman Dukes moving its adoption, seconded by Councilman
Jackson. There was discussion of the purpose of the policy - inequitable
procedures for granting raises - and of the Council Committees' proper
place in the procedure, after which an amendment was accepted in paragraph
2(a) which changed the words ."department head" to the "appropriate departmental
committee ". Councilman Dukes then moved that the amended memorandum be
adopted as policy, Councilman Brown seconded and the vote was 6 - 0.
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Tybee Island, Georgia
July 12, 1990
Page Six
Councilman Brown informed Council of a request for
a transfer of a liquor license for The Anchor, saying that the owner of
the building is taking over the license personally. He added that there
is already one satisfactory license in the same name, and that he sees
no reason to deny the transfer. The motion was seconded by Councilman
Youmans and the vote was unanimous in favor.
Councilman Locklear said that the Tybee Arts Association
is now 30 members strong and plans are underway to establish a. gallery
with working artits. He asked for public support and announced that the
association's next meeting will be held at City Hall on Monday, July 16th
at 7:30 p.m.
Councilman Locklear announced that the city has
received a grant for the construction of a picnic shelter on the strand
and that two possible locations that are being considered are 16th Street
and 19th Street. He said the benches built by DPW are being used, and
that he hopes for further improvements, including swings.
Councilman Dukes reported for the schoolhouse committee,
saying that he and Mayor Hosti have been trying unsuccessfully to reach
Dr. Faye for about a week. Late today Mrs. McDonald reached her. She
believes Tybee will be allowed to purchase the school property, but the
price may have to be negotiated. Mayor Hosti said that he has been able
to arrange for a free appraisal.
Councilman Locklear said the people said they want
a pier study at the public hearing Wednesday night. Councilman Jackson
said that everybody has heard the recommendation and moved that the pier
study be made when and if the money is available. Councilman Locklear
seconded. Councilman Dukes asked questions about the study, such as who
should be contracted to do it, what questions should they be asked to answer.
He suggested that the committee and the council consider these questions.
Councilman Locklear said that he believes council wishes to show its intent
to proceed with the feasibility study without actually adjusting the budget
to allow for the expenditure of the funds. It was agreed unanimously that
this is the intent of the council and that a meeting with the committee
to discuss the study should follow as soon as possible. It was mentioned
that a special meeting could be called if necessary.
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Tybee Island, Georgia
July 12, 1990
Page Seven
Mark Nathan, attorney for Walter & Linda Seidel,
spoke next, petitioning council to sell 10' of the right of way along an
unopened portion of Fifth Avenue. He presented the proposed plat, approx-
imately 50' by 10', and suggested a price of $2500 - $3000. He said the
land is of no use to the city, being marshy and not suitable for opening
as a street. There was a lengthy discussion after which Councilman Dukes
moved that the issue be tabled, and Councilman Jackson seconded. The vote
was unanimous and the question will automatically come off the table at
the next regular meeting scheduled for August 9, 1990.
A letter requesting permission to temporarily connect
a recreational vehicle to utilities while renovating a house at 110 South
Campbell was read. Councilman Youmans remarked that this would violate
the city's code, and Mayor Hosti instructed that the letter be answered
by denying the request, explaining the provisions in our code for recreational
vehicles.
A second reading of Code Section 9 -2 -1 followed.
Councilman Walsh moved its adoption with Councilman Locklear seconding.
The vote was 5 - 1, with Councilman Youmans casting the dissenting vote.
Code Section 7 -3 -7, setting a penalty for violation
of the city's motorized watercraft ordinance was accepted unanimously
on first reading. A second reading is scheduled for the August meeting.
A Resolution honoring Mrs. Nell Lynch Devine on
the occasion of her ninety -first birthday was read and unanimously accepted
by council.
Mayor and Council adjourned, to reconvene in executive
session for the discussion of personnel and legal matters.
I THOMAS J. MAHONEY, JR.
CITY ATTORNEY
ROWENA B. FRIPP
CITY ADMINISTRATOR
PATRICIA B. PAGAN
CITY TREASURER
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CITY OF TYBEE ISLAND
401 Butler Avenue
P.O. Box 128
TYBEE ISLAND, GA. 31328
(912) 786 -4573
EMPLOYEES' RATES OF PAY POLICY IMPLEMENTATION - July 12, 1990
MAYOR
C.J. "GEORGE" HOSTI
CITY COUNCIL
Jimmy Brown
Jeff Dukes
Paul Jackson
James Pat Locklear
Bill Walsh
Jack Youmans
1) Many City employees have expressed dissatisfaction with what they perceive
as an inequitable procedure for granting pay raises. Specifically, some
department heads (and elected council persons) are more inclined to raise
pay than are other department heads. The members of the Finance Committee
believe that there is some justification for this dissatisfaction.
2) Therefore, to correct this potential for unfairness, the Finance Committee
unanimously recommends that the following procedure be followed for, 1) All
pay adjustments, and 2) The fixing of the pay rate for any new job.
a. The appropriate departmental committee recommends pay adjustments
or new pay rates to the Finance Committee.
b. The Finance Committee studies each recommendation in terms
of job requirements, budget constraints, merit, employee history and comparable
pay elsewhere, then passes a decision to the Mayor.
c. The Mayor, if he agrees with the Finance Committee, adjusts
the employee's pay (or sets the new position's rate). If he disagrees,
he takes the disagreement to full Council for resolution.
Adopted July 12th, 1990 in Open Council.
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Ordinance #
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 9,
LICENSING AND REGULATION, CHAPTER 2 ALCOHOLIC BEVERAGE, SECTION 9 -2 -1
BUSINESS HOURS; SPECIFIED; AND RESPONSIBILITY FOR COMPLIANCE (b), AND
ADDING A NEW SUBSECTION (4).
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION
9 -2 -1 (b) BE AMENDED BY ADDING A NEW SUBSECTION (4) TO READ AS FOLLOWS:
Section 9 -2 -1- (b) (4)
Any licensed eating establishment referred to herein shall have
an area specifically designed, set aside, set up and operating
to serve meals and foods on the premises and shall have a fully
equipped commercial kitchen, to include an appropriate stove,
refrigerator, food preparation area, sink, and other items
required by the Chatham County Health Department for the
preparation of foods, and such commercial kitchen shall meet
all of the requirements set forth by the Chatham County Health
Department. Further, any licensed eating establishment referred
to herein shall have a printed or posted menu from which
selections of prepared meals can be made.
The intent of this Sunday Sales Ordinance Amendment is to allow those
full - service restaurants that serve the public as part of this City's
tourism business and as part of this community's local citizens' service
to serve alcoholic beverages with the meals on Sunday. It is not the
intent of this amendment or of the ordinance itself to encourage or to
permit neighborhood taverns and bars to serve alcoholic beverages on
Sunday via the mechanism of serving incidental meals on Sunday.
ADOPTED THIS 1 W P' DAY OF
1st Reading JwwL t'+% V1 (10
2nd Reading ocjUlLk Ia , ((Igo
Enacted J-"---k-1 1, �� WICID
, 1990
Mayor Char l4 J. Hosti
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RESOLUTION
41. ROIr
WHEREAS, On the thirteenth day of July, 1990, Nell Lynch Devine will reach
the ninety -first anniversary of her birth; and
WHEREAS, Mrs. Devine has been a lifelong island resident, daughter of the
engineer - designer of Tybee's Fort Screven, and of one of the early
Postmasters of the community; and
WHEREAS, Mrs. Devine has lovingly served her community, dedicating her time
and abilities to many various matters of public service, especially
during her active career with the United States Postal Service; and
WHEREAS, Mrs. Devine served while her mother was Postmaster, from 1918 until
1922, then served as postal clerk from 1927 until promoted to
Postmaster in 1942; retiring from active service in 1970; and
WHEREAS, "Nell” as she was affectionately known to Tybee people - young and
old - proved herself to be an exceptionally able, knowledgeable,
and public- spirited citizen, revered for her wisdom and democratic
spirit;
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED that the City of
Tybee Island, by its Mayor and Council, extend to Mrs. Nell Lynch
Devine its humble expression of esteem for her faithful service to
the town, and its best wishes for her good health, success and
prosperity for many years to come on this, the occasion of her
ninety -first birthday.
OF COUNCIL