HomeMy Public PortalAbout19921008CCMeeting1
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Tybee Island, Georgia
October 8, 1992
The Tybee Island City Council held its regularly monthly
meeting on Thursday, October 8, 1992, at 7:30 P.M. with Mayor
Walter W. Parker presiding. Members of Council present were:
Christopher P. Solomon, Jack Youmans, James P. Locklear, C. Ansley
Williams, C. Burke Day, and Jimmy Brown. City Attorney Thomas J.
Mahoney was present.
Mayor Parker called the meeting to order. Councilman Locklear
said the invocation. Mayor Parker led us in the Pledge of
Allegiance.
The following were visitors before council. Mr. Bill Atkinson
candidate for Tax Commissioner of Chatham County. Mr. Eric Johnson
who is replacing Jack Kingston. Mr. Bob Adkins newly elected
president of the Optimist Club. Dr. K.B. Raut who is running for
the 4th District seat on the School Board. Mr. Joe Mahaney had
another commitment. Mr. Bert Barrett, Jr. running for County
Surveyor. Fort Screven representatives were present to present a
petition for the traffic light at Hi Way 80 and Campbell Avenue.
Councilman Youmans said that the Post Office says that the light
will be there before the building is complete.
Mayor Parker opened the first of six Public Hearings. Edwin J.
Feiler, #4 Ninth Street requesting a setback variance. Mr. Feiler
was represented by Attorney Phillip McCorkle. Mr. McCorkle stated
that Mr. Feiler did not consider the eave would be part of the
setback. As a builder Mr. Feiler went from the property line to the
side of the building for the measurement, he had no clear
understanding of our setback ordinances. In order for the house to
look alright the contractor made the eaves bigger. Mr. McCorkle had
letter from the Carpenters and the Sutlives stating their approval
for granting the variance. Councilman Youmans asked if a architect
drew the plans. Mr. McCorkle answered yes. Councilman Youmans asked
if the City Marshal's office notified Mr. Feiler of the violation.
Mr. McCorkle said yes, when it was about 95% finished. Mr. Chris
Case said it was not the same plans submitted to City Hall.
Councilman Day asked Mr. Feiler if he was a builder. Mr. Feiler
said that he had built over 1,000 houses and apartments. Mrs Feiler
stated that the plans that the contractor were working from were
the same that were submitted to the city. Mayor Parker asked if
anyone wished to speak in favor of granting the variance. Planning
Commission Chairman Richard Frankenhauser said that their
recommendation was to deny 5 to 2. Mrs Jeanne Hutton spoke against
granting the variance. She said that there are problems in the
Inspection /Code Enforcement office. Public have been pointing out
violations, such as, building too high and fire walls. Public has
been told that there would be education for the inspection
department. You have to be consistent - "Everyone has to play by
the rules and the rules are the same for everyone." Mr. McCorkle
said that the ordinance does allow guidelines for granting
variances and asked that the Feilers' not be penalized. Mayor
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October 8, 1992
Parker closed the public hearing.
Mayor Parker opened the public hearing for setback variances
for Michael Hosti of Tybee Market. Mr. Hosti said the market has
been in business since 1934 and that he will pave 20 feet off
Lovell for delivery trucks to park. Councilman Youmans questioned
the grease trap and the stairs. Mr. Hosti said that he had moved
them 4 feet forward. Councilman Brown asked if there were fire
walls surrounding the building. Mr. Hosti replied yes, but there
will be metal doors at some openings. Mayor Parker asked if anyone
wished to speak in favor of granting the variance. Mayor Parker
said that he had some letters voicing pro and con. Planning
Commission recommended approval. Councilman Day asked Mr. Hosti to
repeat how long this has been a family business. Mr. Hosti replied
"Since 1934 ". Attorney Barney Portman spoke for Mr. Don Kuharevice
stating that Mr. Kuharevice was not opposed to Mr. Hosti rebuilding
the store as it stands now but that there would be 9 code
violations if council approves variance request. The building is in
non conforming use. It is not fair to put a 2 story business in
front of my clients' home. Mr. Hosti said that he is not trying to
cause any hardships. He plans to go with IGA for lower prices for
the customers. He said "Needs of the community are alot more that
one person." Mayor Parker closed the hearing.
Mayor Parker opened the public hearing for Dr. S. Brancato of
#4 Tenth Place for a minor subdivision. Attorney Steve McCusker
representing Dr. Brancato stated that Dr. Brancato has followed all
instructions coming from City Hall Inspection Department. He
applied for the building permit in 91, dealing with Mrs. Kathy
Spoone, construction was slow. This summer a fire wall problem was
discovered. Dr. Brancato met with Chris Case, Charlie Odgen from
the County Inspection Office and his architect and changed plan in
order to comply the two hour fire wall. Planning Commission used a
Fire Code regulation to deny request for the subdivision. Mr.
McCusker said the city can deny Dr. Brancato a certificate of
occupancy but not his subdivision request. Councilman Youmans said
he spoke with City Marshal today, and the DCA has approved the City
Ordinances. Councilman Williams said the contractor said that the
architect said that you go by the SBCCI Codes and not Tybee's.
Councilman Day asked when was this applied for? McCusker answered
in September of 91 the request was made for the subdivision.
Councilman Day asked at what point did Mr. Case step in? Mr.
McCusker said the summer of 92. Councilman Day said he would like
to hear from Mr. Case. Mr. Case stated that the plans are for an
addition, we try not to give advice only information. Planning
Commission member Jim Kluttz said their recommendation was to deny.
Councilman Solomon said this is zoning vs. building code and where
do we stand? Mr. Mahoney said that he had not seen application
until this evening and that requirements have to be met. The zoning
request does not meet with the building codes. Councilman Solomon
asked does this protect the integrity of the city? If all other
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October 8, 1992
criteria is met then we can not deny. Mr. Mahoney said he believes
he heard that this building is already built. Councilman Solomon
asked what do we have to do now? Mr. Mahoney said site for
violation and fine for each day until they comply. Councilman
Williams said it will not be an easy job to comply with the fire
wall codes. Mr McCusker said fire resistant material on both sides
of wall and 2 feet above roof. Chuck Bargeron, assistant City
Marshal, went down last week as witness only, never told Dr.
Brancato what to do, Mr. Odgen talked to Dr. Brancato about the
SBCCI. Councilman Day asked Mr. Case to define the City's
definition of a fire wall. Chris Case answered that it was a full
stand alone structure through the roof, protects other side of
duplex if one side burns down. Mayor Parker asked why can't Dr.
Brancato meet all criteria, both zoning and building and then
request subdivision? Mr. Mahoney said that what ever you do tonight
does not affect complying with the codes. David Rosenweig said that
neighbors have fought this for 5 to 6 years, with Dr. Pestrito, and
will continue to fight. He stated that at no time was the word
duplex mentioned, there is no common entrance, this will change the
nature of the area, and the right of way must not have been
checked. The mayor asked Chris Case about the right of way. Mr.
Case said that he does not think there is a problem with the right
of way. Jeanne Hutton said that Dr. Brancato was aware of the
history of that property. Councilman Youmans asked if there was
easement on both sides of the lot. Mr. Case answered yes.
Councilman Locklear said that application of September 10, 1991 ask
for a single family residence. Under the remarks it was stated that
this could lead to a duplex. Mr. McCusker said that Dr. Brancato is
not seeking a variance but a subdivision. Mayor Parker closed the
public hearing.
Mayor Parker opened the public hearing on a Zoning Map
Amendment request made by Mr. Allen Hendrix. Mr. Hendrix presented
handouts to City Council concerning his proposed development on Van
Horn Street, PIN #s 4 -01 -08 -001 and 4 -02 -05 -001. He stated that
the proposed subdivision will not create any more building lots
than the 20- year -old existing subdivision plat. This plat was laid
out after the Army left and is in line with the idea of bringing
Fort Screven back to the way it was. He noted that 75% of the lots
surrounding the site do not comply with the 12,000 square footage
minimum lot size. He explained that his proposal would be 29 lots,
homes will range from $139,000. to $189,000. in price. There will
be a court yard, storage for garbage carts, boats and trailers will
be stored under the houses. Mr. Anthony Simon spoke as an
interested party, and said that history is ongoing, mentioning that
Mrs. Dean moved a building and put in six (6) townhouses right
across the street from the land in question. Mr. Hendrix stated
that this development will not happen over night, it will be a slow
process. Councilman Day said he has spoke with Mr. Art Harden of
the water /sewer department and that there is no problem with water
pressure. Mr. Hendrix said there is a six -inch line readily
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October 8, 1992
available there, and that the complaints about water pressure stem
from old, smaller connecting pipes, and not from the main water
lines. Councilman Williams asked what are the prices for the lots?
Mr. Hendrix said $31,000. to $50,000. Mr. Phil O'Dell spoke in
favor of the zoning change stating that not a single family home
abuts this property. Councilman Brown asked if Mr. Hendrix had
looked into PUD? Mr. Hendrix answered that it would be a hardship
unless you were building condos or townhouses, reiterating that he
expects the houses to be built over a period of years and PUDs are
usually constructed by one developer all at once. At this point
Mr. Hendrix said that he would like to deed the old filling station
on the corner of Van Horn and Pulaski to the city so that it can
be preserved for its historical value. Mr. Julian Toporek of
Historical Fort Screven Association spoke against the rezoning
stating he can see no reason why Mr. Hendrix would want this
property rezoned from single family R -I (12,000 sq.ft.) to R -I -B
(6,600 sq.ft.). He asked the Council not to be misled,saying that
this is a snow job in October and once rezoned, we could be talking
about 45 to 46 lots, not 29 lots as stated by Mr. Hendrix. Mrs.
Dean said she is not opposed to the plan for 29 homes, but does
oppose rezoning. Councilman Williams said that Mrs. Deans' condos
are the most blatant example of spot zoning on the entire island,
saying that her speaking on this subject does nothing to support
the neighbors' position. Mrs. Dean asked Councilman Williams if he
was telling her just because her property was rezoned that she
could not speak. Councilman Williams answered negatively,
explaining that his meaning was rather that your speaking does not
help the people who are against the rezoning. Mrs. Dottie Kluttz
said to please keep in mind Mr. Mahoney's letter on rezoning of the
land, people's reliance that the zoning is going to be upheld after
you purchase property in an R -1 area,saying that there is another
huge parcel of land near the proposed area that could come become
the subject of a future rezoning petition. Mr. James LaFavor said
that around 94 houses could be built in that area if only a few
property owners asked for rezoning. Ms. Bonnie Cowart said that
her brother had to buy additional property recently to build a
house almost across the street. Mr. Jim Sheley spoke against
rezoning. Ms. Sherri Osmundsen asked if there could not be a show
of hands pro and con to the rezoning. Mr. Hendrix said that 90% of
lots in Fort Screven are non- conforming and that his tract of land
is 7 acres plus. Mr. Tony Simon said that he will go on record that
there will only be 29 homes built. Councilman Solomon asked the
city attorney about substandard lots of record, saying zoning did
not go into effect until 1971 or 72, and asking if that means the
older existing subdivisions were erased? Mr. Mahoney said that
single substandard lots of record do and can exist, and you can
build on them if you comply with the code section that addresses
them. Councilman Solomon said if Allen sold me one substandard lot
of record I could build on it if I complied with the setbacks. Mr.
Mahoney referred to his earlier ruling on what constitutes a
buildable lot. Councilman Day said that sometimes he agrees with
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October 8, 1992
Councilman Solomon, and added that this land was zoned residential
by citizens will around 1946. Councilman Solomon said that the
current zoning was imposed in the early 70's and that his neighbor
on South Campbell could build 8 houses on his property. Mayor
Parker closed the public hearing.
Mayor Parker opened the public hearing for a minor subdivision
at 1108 Bay Street by Mr. J.M. Agnew. One lot into two lots with a
20 foot easement through the front lot on Bay. Planning
Commissioner John Sugrue said their recommendation was for
approval. Mayor Parker closed the public Hearing as there was no
one to speak for or against the subdivision.
Mayor Parker opened the public hearing on a request of a minor
subdivision of a lot made by Mr. Rick Hogan at 1017 Bay Street.
One lot into two lots - 60 feet wide. Councilman Youmans asked if
the new drawing shows access? Yes, 20 feet wide. Planning
Commission vote approval on the request. As there was no one to
speak for or against Mayor Parker closed the public Hearing.
Council took a five minute break.
Mayor Parker opened the meeting for business legally
presented.
Councilman Locklear moved to approve the setback variance
request made by Edwin J. Feiler. Councilman Solomon seconded.
Councilman Solomon said that Councilman Williams had an idea about
imposing a stiff fine. Sometimes we need to bend a little.
Councilman Williams said that since he has been on council there
has been several request for forgiveness rather than permission and
would like to see a penalty of $1,000.00 or 10% of the construction
costs. Mr. Mahoney reminded council that they have a copy of the
zoning criteria in front of them (Section 8- 4 -74). Councilman
Youmans stated that he has the copy of the zoning criteria not the
variance criteria. Councilman Day said that he does not see how a
professional could let this error happen. Vote by council was 3 in
favor, 3 opposed (Youmans,Day, Brown). The Mayor broke the tie by
voting in favor of the variance.
Councilman Day moved to approve the setback request of Mr.
Michael Hosti for Tybee Market. Councilman Locklear seconded for
discussion. He stated that he has no problem with the first floor,
but the second floor is a problem. Mr. Mahoney asked Councilman
Locklear if he is asking if the city can be sued, the answer is
yes. Your decision is usually favorable in court. Any difference in
footprint requires a variance and you must have a reason to base
your vote on. Councilman Solomon said it is our job to keep the
city out of court, this land has been a commercial business all of
my life, this type of problem faces us in all zoning areas. Vote by
council was 4 in favor, 1 opposed (Youmans), 1 abstained (Brown).
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October 8, 1992
Councilman Williams urged Mr. Hosti to talk with the neighbors.
Councilman Brown moved to deny the minor subdivision request
made by Dr. Brancato. Councilman Youmans seconded. Councilman
Williams said that opposition is due to lack of a fire wall.
Councilman Solomon moved to table until November meeting.
Councilman Williams seconded. Vote by council was 5 in favor to
table, 1 opposed (Locklear).
A request for a Zoning Map Amendment by Mr. Allen Hendrix was
next on the agenda. Councilmen Brown, Youmans, and Solomon
abstained from the vote because of conflict of interest. Councilman
Day moved to deny the request. Councilman Locklear seconded.
Councilman Williams said that there was strong arguments on both
sides. Vote by council was unanimous.
Councilman Brown moved to approve the
request by Mr. J.M. Agnew. Councilman Locklear
council was unanimous.
Councilman Brown moved to approve the
request by Mr. Rick Hogan. Councilman Williams
council was unanimous.
read.
minor subdivision
seconded. Vote by
minor subdivision
seconded. Vote by
Minutes for the September 9, 1992 meeting were approved as
Bills for the month of September were approved as follows:
General Government
Special Appro.
Police
Parking Services
Recreation
Lifeguards
Fire Dept.
First Responder
Public Works
Sanitation
Water /Sewer
9,460.53
22,372.13
6,666.57
2,070.12
1,039.96
158.25
6,222.15
358.23
7,851.12
21,859.32
15,452.74
A Proclamation on National Fire Prevention Month and one on
National Red Ribbon Week were read and accepted by council.
Councilman Youmans moved to adopt into the Retirement program
a amendment to allow certified police officers to retire at age 55
with 20 years of service with the city, to become effective January
1, 1993. Councilman Brown seconded. Vote by council was unanimous.
Councilman Solomon made a motion to deny the SDS Software for
the police department. Jimmy Brown seconded. After discussion
Councilman Youmans moved to table until we have more detail
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October 8, 1992
information. Councilman Brown seconded. Vote to table was unanimous
by council.
Councilman Solomon moved to change the agenda meeting time
back to 7:30 P.M. so that the working people can attend. Councilman
Youmans seconded stating that at no time have all six
councilmembers been on time for the 6 P.M. meeting. Vote by council
was unanimous.
Councilman Solomon made a motion to table the Speed Zone
Ordinance Section 10 -1 -4 until the November meeting. Councilman
Brown seconded. Vote was unanimous by council.
Councilman Locklear moved to accept Section 5 -3 -6 Enforcement
on its second reading. Councilman Williams seconded. Vote by
council was 4 in favor, 2 opposed (Brown, Solomon).
As there was no further business to come before council,
Councilman Brown moved to adjourn.
Mayor Walter W. Parker
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PROCLAMATION
WHEREAS. Fire costs the American public Fifty Billion
Dollars ($50.000.000.000) annually; and
WHEREAS, Fire Deaths in the United States are almost twice
the average for other industrialized nations; and
WHEREAS, each year fire kills more Americans than all major
natural emergencies combined, including floods, hurricanes,
tornadoes and earthquakes; and
WHEREAS. Senior citizens and children under the age of five
are at the most serious risk of being killed by fire - - -- more
than double the risk of the average population; and
WHEREAS. Between Seventy -five and Ninety (75 -90 %) of all
residential fire deaths could be prevented if residential
sprinklers and smoke detectors were used; and
WHEREAS. The United States Fire Administration annually
sponsors an educational campaign known as Fire Prevention Month;
and
WHEREAS, The Tybee Island Fire Department and its
Volunteers have for many years supported the United States Fire
Administration in its campaign to educate the American public to
the dangers of fire by sponsoring a local fire education program
in conjunction with the national campaign;
NOW, THEREFORE, BE IT PROCLAIMED AND IT IS HEREBY PROCLAIMED
BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA
THAT THE MONTH OF OCTOBER IS FIRE PREVENTION MONTH IN THE CITY OF
TYBEE ISLAND, GEORGIA, AND THE PEOPLE OF TYBEE ISLAND ARE
ENCOURAGED TO JOIN WITH THE CITY AND ITS FIRE DEPARTMENT IN
PROMOTING FIRE SAFETY IN OUR HOMES AND COMMUNITY.
THIS AM DAY OF OCTOBER. 1992.
CLERK OF COUNC
PROCLAMATION
WHEREAS, The City of Tybee Island has enacted legislation to
make itself a drug -free workplace and, through the Tybee Island
Police Department, has sponsored educational programs for the
Island's children, having encouraged and worked for a drug -free
environment for its employees, citizens and visitors; and
WHEREAS, The Red Ribbon campaign began as a national drug
awareness movement in 1985 after the death of Enrique Camerena, a
federal drug enforcement agent who was tortured and killed in the
line of duty, and is sponsored country -wide by the National
Federal of Parents; and
WHEREAS, The Georgia Red Ribbon Campaign has continued since
1987, and is sponsored by the Prevention Resource Center in the
Department of Human Resources which encourages all communities to
use the Red Ribbon Campaign as a kick -off for the community's
year -long prevention efforts;
NOW, THEREFORE, THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED
HEREBY RESOLVE THAT THE RED RIBBON CAMPAIGN WILL BE SUPPORTED BY
THE CITY OF TYBEE ISLAND, RESOLVING THAT THE CITY WILL ENCOURAGE
THE COMMUNITY THROUGH ITS CHURCHES, GROUPS, ORGANIZATIONS, AND
ASSOCIATIONS, TO JOIN TOGETHER IN THE GEORGIA RED RIBBON
CAMPAIGN; AND
FURTHER RESOLVING THAT, DURING THE WEEK OF OCTOBER 24 THROUGH
NOVEMBER 1, 1992; EVERY CITIZEN BE ENCOURAGED TO DISPLAY A RED
RIBBON IN SUPPORT OF HIS OR HER INDIVIDUAL COMMITTMENT TO DRUG -
FREE LIVING.
IN OPEN COUNCIL, THIS 8TH DAY OF OCTOBER, 1992.
MAYOR
CLERK OF COUNC
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AN ORDINANCE
An Ordinance to amend an Ordinance approved May 1, 1987,
establishing a retirement plan for the employees of the City of
Tybee Island, Georgia, and setting forth the joint trust agreement
and the contract for the administration of said plan by the City of
Tybee Island and the Georgia Municipal Employee Benefit System as
provided by O.C.G.A. 47 -5 -1 et seq., so as to add the definition of
Peace Office; to provide for an alternative normal retirement for
police officers only of age 55 with 20 years of total credited
service; to provide an effective date; to repeal conflicting
ordinances; and for other purposes.
BE IT ORDAINED by the Mayor and Council of the City of Tybee
Island, Georgia, and it is hereby ordained by the authority
thereof:
Section 1. An Ordinance establishing a retirement plan for
the employees of the City of Tybee Island, Georgia, and setting
forth the joint trust agreement and the contract for the
administration of said Plan between the City and the Georgia
Municipal Employees Benefit System as provided by O.C.G.A. Section
47 -5 -1 et seq., is hereby amended by adding Section 49, to Article
II, to read as follows:
"Section 49. Police Officer shall mean a police officer
who is a Full -Time Employee and is certified under the
Georgia Peace Officer Standards and Training Act."
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Said Ordinance is further amended by striking Section 2, from
Article IV, and substituting in lieu thereof, a new Section 2, to
read as follows:
"Section 2. Normal Retirement Date.
a. The Normal Retirement Date of a Participant who
is a Police Officer shall be the first day of the month
coinciding with or next following the date he has;
(1) attained age fifty -five (55) and has
completed twenty (20) years of Total Credited Service;
or,
(2) attained age sixty -five (65) and has
completed five (5) years of Total Credited Service.
b. The Normal Retirement Date of a Participant who
is not a Police Officer shall be the first day of the
month coinciding with or next following the date he has
attained age sixty -five (65) and has completed five (5)
years of Total Credited Service."
Section 2. The rights and obligations under the Plan with
respect to persons whose employment with the Employer is terminated
for any reason whatsoever prior to the effective date of this
amendment are fixed and shall be governed by such Plan as existed
and was in effect at the time of such termination.
Section 3. The effective date of this amendment shall be
1 January 1, 1993.
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Section 4. All ordinances and parts of ordinances in conflict
herewith are hereby expressly repealed.
ORDAINED this day of , 1992.
Attest:
(SEAL)
Attest:
City Attorney
City of Tybee Island, Georgia
Mayor
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Ordinance # iqa� - af9N
Be it ordained, and it is hereby ordained, by Mayor and Council in
Open Meeting assembled that the Tybee Island Code of Ordinances be
amended by the addition of Title 5, Chapter 3, Section 6
Enforcement to read as follows:
Section 5 -3 -6 Enforcement
Owners or occupants of premises on which there is a violation
of this ordinance will be given written notice to abate the
violation within thirty (30) days. Failure to abate the
violation within the thirty -day period will result in a
subpoena being issued for an appearance in Recorder's Court on
a misdemeanor charge.
ADOPTED THIS
1st Reading
2nd Reading
Enacted
DAY OF
r Walter W. Parker
, 1992.