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Home My Public Portal About19911114CCMeeting1 1 Tybee Island, Georgia November 14, 1991 The Tybee Island City Council held its regularly monthly meeting on Thursday, November 14, 1991, at the Tybee Island City Hall, with Mayor Charles J. Hosti presiding. The following members of council were present: James P. Locklear, Jack Youmans, Bill Walsh, Jimmy Brown, L. Jefferson Dukes and Paul Jackson. City Attorney Thomas J. Mahoney was present to represent the city. Councilman Locklear said the invocation and Mayor Hosti led the audience in the Pledge of Allegiance. Mayor Hosti asked if there were any visitors who wished to speak to council. Mr. Bert Barrett, Jr. was the first visitor to speak. Mr. Barrett handed out an article from a national magazine concerning the school property. He read a portion and asked council to read and study the article, he feels that this might be a tool in which to get the school property back to the citizens of Tybee. Mayor Hosti asked that Mr. M.L. "Red" Ball come forward and accept a Certificate of Appreciation on behalf of all the time he has volunteered to the youth of Tybee. Mayor Hosti opened the Public Hearing on a Front yard setback variance for Mr. Zoltan Farkas of 203 Seventh Street. Mr. Farkas apologized to the Mayor and Council for the work being done without a building permit. He stated that there was a misunderstanding, he thought Mr. Cone Bostwick had purchased the permit and Mr. Bostwick thought that Mr. Farkas had made the application and received the permit. He asked council to grant the 3 foot front yard variance. Mayor Hosti asked if anyone wished to speak against granting the variance. Mrs. Alice Martin stated that she thanks the council for all the time and wisdom spent on studying the variances but it seems like every month we are granting variances. She requested council to deny the variance and stick to the ordinances. As there were no other persons wishing to speak for or against, Mayor Hosti closed the Public Hearing. Kay Strickland Toomer handed out a document in reference to Tybee School property that she is going to give to Mrs. Ann Crowder at a meeting on November 15, 1991. She asked council for any input they might wish to add. Mayor Hosti opened the meeting for business legally presented. Councilman Jackson made a motion to accept the October council minutes. Councilman Youmans seconded. The vote by council was unanimous. 1 1 1 Page 2 November 14, 1991 Bills for the month of October are as follows: General Government 7,016.00 Other Govt. Expense 9,971.99 Police 23,331.98 Parking Services 1,374.47 Recreation 1,535.91 Lifeguard 63.55 Fire Department 3,168.78 Public Works 10,136.89 Sanitation 19,678.46 Water /Sewer 18,312.02 Councilman Locklear so moved to pay the bills as presented, with Councilman Jackson seconding. Council vote was unanimous. City Council accepted the continuing use of the Hold Harmless /Indemnification Agreement with the few changes in the wording. City Attorney said there is no problem with the wording. Councilman Walsh moved to approve the Beer & Wine License transfer for the applicant Michael Anderson (Turntable) with no Sunday sales or restaurant at this time. Councilman Jackson seconded, with a unanimous vote by council. Councilman Dukes explained the expenditure for the GCIC for the police department. Councilman Youmans said that a letter from the GBI said this needed to be in place by January 1, 1992. The cost is $1,200.00. Councilman Dukes said that the full council had signed off approving the expenditure. Councilman Youmans moved to deny a business license for Michael Pierse for door to door selling on Tybee Island. Councilman Dukes seconded the motion. Vote by council was unanimous. City Marshal Chris Case gave a slide show and a written report on abatement and yards around the island. City Administrator, Rowena Fripp read a report from Capt. Jimmy Woods concerning the abandoned vehicles. Councilman Jackson made a motion to grant Mr. Farkas a variance for a 3 foot front yard setback. Councilman Jackson stated that Mr. Farkas is an honest man and would not have done anything wrong knowingly. Councilman Dukes seconded. Councilman Brown asked if the house was set back by old code standards. Yes. Councilman Walsh said that a building permit should be posted and that the contractor should not start a job unless one is posted, action should be taken against the contractor. This will be looked into by Rowena Fripp. Vote by council was 4 in favor, 2 opposed 1 1 1 Page 3 November 14, 1991 (Jack Youmans, Jimmy Brown). Mayor Hosti said that 5 more streets have been added to the paving contract and work should begin within two weeks. McKenzie is waiting for a survey by Barrett Land Surveying Company. Councilman Walsh asked about Alley #2, the Public Dock. Alley 2 will not be done at this time. We will wait until the new fishing pier is constructed. Councilman Walsh said he just wanted to make sure that water and sewer lines are in place before paving. Councilman Locklear asked that family coverage insurance be looked into for city personnel, especially police department. Rowena Fripp read a letter from Attorney William Grey Maston concerning an injury that occurred on the beach. Mr. Maston's client, William G. Bell, is requesting $500.00 settlement from the city. Councilman Brown motioned to deny request. Councilman Dukes seconded. Vote by council was unanimous. A Resolution was read in reference to the Chathamm County Police Auxiliary Agreement. Councilman Jackson moved to accept the resolution, with Councilman Locklear seconding. Vote by council was unanimous. Councilman Dukes made a motion to have City Attorney Thomas J. Mahoney draw up a resolution concerning CATS. Councilman Jackson seconded with the vote by council unanimous. Councilman Locklear made a motion to accept Section 8 -2 -1 Appointment of Building Inspector for the second reading. Councilman Jackson seconded. Vote by council was 5 in favor; 1 opposed (Youmans). Councilman Youmans stated that the City Marshal does not have enough time to do both jobs. Councilman Dukes so moved to accept Section 2- 4 -17(b) Employee Development for the second reading. Councilman Jackson seconded with a vote of 5 in favor and 1 opposed (Walsh) by council. Councilman Jackson so moved to accept the following ordinances for the second reading. Sections 8 -2 -11 Building & Existing Building Code; 8 -2 -12 Electrical Code; 8 -2 -13 Plumbing Code; 8 -2 -14 Gas Code; 8 -2 -15 Housing Code; 8 -2 -16 Mechanical Code; 8 -2 -17 Swimming Code; 8 -2 -18 Fire Prevention Code. Councilman Locklear seconded the motion. Vote by council was unanimous. Page 4 November 14, 1991 As there was no further business to come before council, Councilman Dukes made a motion to go into closed session to discuss personnel. Councilman Locklear seconded. Vote was unanimous by council. 1 ayor Chary'' J. Hosti 1 City of Tybee Island Hold Harmless /Indemnification Agreement PIN Street Address This Agreement is made the day of 19 by (hereinafter referred to as "Owner ") Witnesseth Owner hereby agrees to protect, defend, indemnify and hold harmless the City of Tybee Island, Georgia, (a political subdivision of the State of Georgia), its Mayor and Council,officers, agents and employees (hereinafter referred to as "City ") from and against any and all liability, damages, claims, suits, liens, and judgments of whatever nature, including any claims for contribution and /or indemnification for injuries to any person or persons, or damage to the property or other rights of any person or persons, caused in any manner pertaining to the location of privately constructed or any other privately owned structures, objects and plants, which encroaches into public park or beach or the right -of -way of any City street. In particular, this agreement applies to the item or items describes below. The undersigned further recognizes and agrees that this license does not confer upon the undersigned any rights, title, estate or interest in said licensed location; nor does this license agreement confer upon the undersigned a license coupled with an interest or easement. This license merely gives the undersigned a revocable privilege, it being expressly understood and agreed that, regardless of any improvements or investments made, expense and harm incurred or encountered by the undersigned, this agreement shall be subject to revocation, cancellation or termination. IN WITNESS THEREOF, Owner has hereunto set his hand and affixed its seal on the day and year first above written. DESCRIPTION: Owner Address Witness 1 Notary R E S O L U T I O N . WHEREAS, the County of Chatham, acting by and through the County Manager and the Chief of the County Police Department, have submitted to the City of Tybee Island a proposed "Police Auxiliary Services Agreement," and, WHEREAS, the Chatham County Police Department proposes to charge the City of Tybee Island and other municipalities for services of the Chatham County Police Department such as follow -up investigations, crime scene processing, identification services, fatal accident investigations, and other type services; and, WHEREAS, the City of Tybee Island feels that the citizens of said City should receive these services in exchange for taxes which they pay to Chatham County; and, WHEREAS, Chatham County apparently will submit to this City another proposed agreement which would charge this City for furnishing police dispatch radio services; and, WHEREAS, the City of Tybee Island feels that all of these type services should be provided in exchange for Chatham County taxes paid by the citizens of Tybee: NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Tybee Island, in open meeting assembled, do hereby oppose any and all efforts by Chatham County to require any municipality in this County to enter into any type Police Auxiliary Services Agreement which would have the effect of charging citizens of Tybee Island, who are also citizens of Chatham County and who are already burdened by the payment of Chatham County taxes, and that all municipalities in Chatham County be encouraged to refuse to enter into any such agreements. ADOPTED this ( .ek day of November, 1991. Attest: erkowl R. fgCo cif 1 1 Ordinance # -® Be it ordained, and it is hereby ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 8, Chapter 2, Section 8 -2 -1 be deleted in its entirety and a new paragraph be titled and numbered the same be inserted in its stead, to read as follows: SECTION 8 -2 -1 Appointment of Building Inspector 1 The Inspection Department shall be headed by the City Marshal who shall have the power to enforce his /her duties as stated in Section 8 -2 -2. The actual inspection of a building as it pertains to this Chapter shall be conducted by the Chatham County Building Inspector, or his designated qualified and certified inspector, as promulgated by a contract between the Mayor and Council and the appropriate agency of Chatham County. ADOPTED THIS i DAY OF I V Q V . , 1991. 1st Reading Ct- 2nd Reading 11• I4.61 Enacted ► 1 - 1 4- -qi Ma or Cha J. Hosti 1 1 Ordinance # o] 1 -.13 Be it ordained, and it is hereby ordained by Mayor and Council in Open Meeting assembled, that the Tybee island Code of Ordinances, Title 2, Chapter 4, Section 2 -4 -17 (b) be deleted in its entirety and a new paragraph be titled and numbered the same be inserted in its stead, to read as follows: SECTION 2 -4 -17 (b) Employee Development (b) Educational enrichment. Upon the recommendation of the department head and the prior approval of the mayor and council or designate, an employee may receive payment for the cost of tuition and books for any job- related course successfully completed. Such courses shall be taken during employee off -duty hours unless it is necessary training for the job which is specifically approved by the department. The city council or designate may also approve compensation based on regular city travel policies. ADOPTED THIS Wm.- DAY OF N A ,/ , 1991. ayor Char. . Hosti 1 AN ORDINANCE OF THE CITY OF TYBEE ISLAND it Oval 31 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 Code Sections 8 -2 -11 through 8 -2 -18 inclusive, substituting in their stead the following Code Sections which are numbered and titled the same. BUILDING & EXISTING BUILDING CODE ADOPTED Sec 8 -2 -11 (a) The Standard Building & Existing Building Code, 1991 Edition, and future editions as revised, recommended by the southern Building Code Congress International, Inc. is hereby adopted in its entirety and is incorporated into this Code of Ordinances as fully as if set out at length herein. A copy of this code shall be maintained in the office of the clerk of council and shall be available to the public for inspection during regular business hours. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this -code of Ordinances shall control. (c) Foundations and Footings for all construction shall be according to the latest edition of the Standard Building Code (Southern Building Code Congress International, Section 1302 and related sections. Construction in high hazard areas (V- zones, A- zones) shall also follow requirements of the Department of Housing and Urban Development Manual "Design and Construction Manual for Residential Buildings in Coastal High Hazard Areas. The minimum depth of bury for all footings shall be 24 inches below finished grade, measured to the top of the footing. 1 1 1 CHAPTER 2 BUILDING REGULATIONS (a) Wherever the work "municipality" is used, it shall be held to mean the City of Tybee Island, Georgia. (b)Wherever the term "corporate counsel" is used, it shall be held to mean the attorney for the City of Tybee Island, Georgia. (c) Common walls that separate two or more structures or two or more stories in multi -unit structures shall be fire walls as prescribed by the Standard Building Code. (1)In all multifamily structures of more than two 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. (iii)Four -hour resistance (Table 600). (iv) Protective openings of three -hour resistance (Table 600). (v) Firewall to extend from foundation thru roof, unless non - combustible roofing materials are used forty feet (40') to each side of the wall. (vi) 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 substiture for a FIREWALL, he must petition the planning commission and mayor /council for a VARIANCE. (2)In those areas designated as V -Zones on NFIP maps published by the Federal Emergency Management Agency, only "2" above shall be permitted. 1 1 CHAPTER 2 BUILDING REGULATIONS * * * * * * ** ELECTRICAL CODE ADOPTED. Sec. 8 -2 -12 (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 ", 1990 edition and future editions as revised, which code is the standard for electric wiring and apparatus of the National Fire Protection Association, be and the same is, hereby adopted as the electrical code of the city, and each and all of the regulations, provisions, penalties, conditions and terms of this electrical code are hereby referred 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 installations: bedrooms, baths, closets). 3) Grounding. water pipe & ground rod. 4) GFI breaker required on light switch /receptacle below base flood level. 5) All condensers 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 saw box must be GFI protected. 9) No penetration or routing through firewalls is allowed. 10) Electrical smoke detectors required on each habitable floor. CHAPTER 2 BUILDING REGULATIONS (c) All applications for permits for electrical work must be routed through the city building permits department. PLUMBING CODE ADOPTED. Sec. 8 -2 -13 (a) The Standard Plumbing Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc. is hereby adopted in its entirety and is incorporated into this code of Ordinances as fully as if set out at length herein. A copy of this code shall be maintained in the office of the clerk of council and shall be available to the public for inspection during regular business hours. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall control. GAS CODE ADOPTED Sec. 8 -2 -14 (a) The Standard Gas Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc. is hereby adopted in its entirety and is incorporated into this code of Ordinances as fully as if set out at length herein. A copy of this code shall be maintained in the office of the clerk of council and shall be available to the public for inspection during regular business hours. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall control. 1 1 1 CHAPTER 2 BUILDING REGULATIONS * * * * * * ** HOUSING CODE ADOPTED. Sec. 8 -2 -15 (a) The Standard Housing code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety save and except those portions as are hereinafter deleted, modified or amended, and is hereby incorporated into this code of ordinances as fully as if set out at length herein. A copy of the housing code shall be maintained in the office of the Clerk of Council where it shall be available for inspection by the public during regular business hours. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall prevail. (Ordinance #1990 -19) MECHANICAL CODE ADOPTED Sec. 8 -2 -16 (a) The Standard Mechanical Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety save and except those portions as are hereinafter deleted, modified or amended, and is hereby incorporated into this code of ordinances as fully as if set out at length herein. A copy of the mechanical code shall be maintained in the office of the clerk of council where it shall be available for inspection by the public during regular business hours. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall control. SWIMMING POOL CODE ADOPTED Sec. 8 -2 -17 (a) The Standard Swimming Pool Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety save and except those portions as are hereinafter deleted, modified or amended, and is hereby incorporated into this code of ordinances as fully as if set out at length herein. A copy of the swimming pool code shall be maintained in the office of the clerk of council where it shall be available for inspection by the public during regular business hours. 1 1 1 CHAPTER 2 BUILDING REGULATIONS SWIMMING POOL CODE ADOPTED(CONTINUED) Sec. 8 -2 -17 (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall control. FIRE PREVENTION CODE ADOPTED Sec. 8 -2 -18 (a) The Standard Fire Prevention Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety save and except those portions as are hereinafter deleted, modified or amended, and is hereby incorporated into this code of ordinances as fully as if set out at length herein. A copy of the Fire Prevention code shall be maintained in the office of the clerk of council where it shall be available for inspection by the public during regular business hours. (b) If any section of this standard code is in conflict with this Code of Ordinances, then this Code of Ordinances shall control. ADOPTED THIS 14* DAY OF 4-61) First Reading: Second Reading: Enacted: Vim) 14 , Jctql , 1991. i 1 1 Finance /General Gov't. December 4, 1991 Present: Chairman Jeff Dukes; Committee Members - Jimmy Brown, Paul Jackson; Mayor Hosti, Councilmen Pat Locklear, Jack Youmans. Mayor elect Walter Parker; Council elect Burke Day. Cheryl Lauer - Islands Closeup, Ro and Jackie. Subject Budget for 1992 Jeff Dukes commended staff for all the work that went into this proposed budget. Jeff is convinced about income being down next year - we are in a recession. Jeff recommends that we drop 5% from this years revenues and adjust 91 budget accordingly. Mayor Hosti agrees with Jeff Dukes. Paul Jackson said that budget is only a guideline - present this balanced budget to the new administration and ask them to cut it by 5 %. Mayor elect Walter Parker stated that he thinks we need to correct any errors now. Jeff Dukes agrees. Paul Jackson disagrees with Jeff on the revenues being down in 92. Paul Jackson said that Emergency lighting and exit lights need to be placed in the budget for 92 for City Hall. The committee went line item by line item and made cuts in the expenditures in all departments. Mrs. Fripp will adjust the income to match the expenditures. Subject Business Licenses Jeff Dukes questioned why we are doing this now? Pat Locklear said that some of the commercial business owners on the island have questioned him on why the pouring license and the liquor package store license fees are the same amount. Pat said the pouring license should be higher. Also contractor licenses should be higher than $75.00. Hotel /Motel /Condo - same as 20 years ago. Mayor Hosti said let the new administration make decisions on the above. Chris Case mentioned at least 4 business licenses that should be considered before council in December. 1. Vending Machines 2. Advertising Benches 3. Gas Pumps by the hose lines and not the pump 4. Christmas Tree Sales. Chris Case said that a blanket letter to all contractors will be mailed out in January telling them information about the fees that we charge for inspections. As there was no further business, Mayor Hosti adjourned the Meeting. i6kyruy,)