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HomeMy Public PortalAbout19921008CCMeeting1 1 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 1 1 1 Page 2 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 1 1 1 Page 3 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 1 1 1 Page 4 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 1 1 1 Page 5 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). 1 1 1 Page 6 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 1 Page 7 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 1 1 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 1 1 1 1 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." 1 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. 1 1 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 1 1 1 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.