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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 1 1 1 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 1 1 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 1 1 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 1 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. 1 1 1 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. 1 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 1 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. 1 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 1 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