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HomeMy Public PortalAbout19780614CCMeeting1 1 1 Tybee Island, Georgia June 14, 1978 A regular meeting of the Tybee Island City Council was held on Wednesday, June 14th, 1978 at 3:30 p.m. in the City Hall auditorium. Mayor M. J. Counihan presided and the following members of Council were present: William C. Fleetwood, John J. Owen, Jr., Edward Jung, Karen Losey, Jerome W. Bettencourt and Nick C. Alexander. The City Attorney, W. Lance Smith, III was also present, as was the City Administrator, Danny C. Johnson. The first visitor to appear before Council was William Krapf, who owns the apartments on Izlar Avenue. Mr. Krapf, by written petition, has re- quested an adjustment on a water bill. After Mr. Krapf explained his problem, he was informed by the Mayor that his petition was on the agenda and would be handled during the regular business of Council. The second visitor was Mr. Dwight Davis who wished to read a letter he had received from the Corps of Engineers concerning some suggestions he had given them on the beach renourishment project. The Mayor congratulated Mr. Davis on his concern for the welfare of the project, and suggested that a letter endorsing Mr. Davis' suggestions be forwarded to the Corps of Engineers. The meeting was then opened for business legally presented. The minutes of the meeting of May 10, 1978 were approved as written. Under Communications the Clerk read a letter from Sunshine Ministries, Inc. which requested permission to hold a concert on the beach during the weekend of the Fourth of July. Councilman Fleetwood moved to deny permission and, after discussion, this motion was passed by a vote of five to one, with Councilman Alexander opposing. The bills for the month of May were approved as follows: for General Government - $2,335.08, Water Department - $1,290.14, Sewer Department - 11 1 1 1 12 $4,944.00, Police Department - $1,595.48, Meter Department - $54.65, Recreation Department - $1,203.17, Sanitation Department - $1,902.80, and Public Works - $6,801.75. A copy of these bills is attached to, and forms a part of, these minutes. Councilman Bettencourt then spoke movingly of the late Dexter Bates, town librarian, and read the Optimist Creed, followed by a Resolution of Respect for Mr. Bates, which he then moved be adopted by Council. The motion was seconded by Councilman Fleetwood and unanimously carried. Mayor Counihan then presented a copy of the Resolution to Mrs. Carolyn Bates, who was in the audience. The Resolution read as follows: RESOLUTION After the presentation of the Resolution to Mrs. Bates, the Mayor called for a moment of silent prayer for Mr. Bates. Councilman Fleetwood then read a Resolution supporting Proposition 13 which is a move by taxpayers in California to cut ad valorem taxes. He then moved the adoption of the Resolution and Councilman Alexander seconded the motion which was passed unanimously. The Resolution read as follows: RESOLUTION The Second Reading of the Water /Sewer Ordinance was read and Councilman Fleetwood moved its adoption. During discussion, Councilman Bettencourt attempted to add an amendment stating that if adopted, the ad valorem taxes would be reduced by one -half; the City Attorney advised Councilman Bettencourt that the two issues are not related and that reduction of taxes should be in the form of a separate motion. The Mayor stated that he supports Councilman Bettencourt's position on ad valorem taxes. Councilman Owen stated that the new Water /Sewer Ordinance involves a change in the structure of the rates, and does not necessarily indicate an increase for the average user. There was further discussion involving the possibility of charging a deposit for water use, and the present position of 1 1 1 the City of holding landlords responsible for water use of their tenants was dis- cussed at length. After this discussion, Councilman Owen seconded Councilman Fleetwood;s motion and the new ordinance was adopted as written by a unanimous vote. ORDINANCE After the Third Reading of the Shore Protection Ordinance Councilman Fleetwood moved its adoption. Councilwoman Losey seconded the motion and the ordinance was passed with no dissenting vote. ORDINANCE The City Administrator then stated the need for a updated building permit application. He suggested that the cost of the permit be based on $21.00 per square foot of living space for new construction. The zoning administrator, Earl Anderson, then explained to Council exactly how the new permit would be implemented. After discussion the motion was passed unanimously. The new permit will be prepared and put into use immediately. Councilman Owen then explained that repairs are needed on the elevated water tank on Butler Avenue. He stated that the City Administrator had received several proposals and recommended the most favorable to Council. After discussion the Council decided to postpone action on these reports until further study is completed. The City Attorney then announced that several vacancies on the Planning Commission need to be filled. He stated that the records of the Planning Commission were not clear and that after a lengthy study of the situation he had the following recommendations for Council: (1) that the Planning Commission, in the interest of coordination, always have one member from each of the following sources: City Hall staff, City legal representation, and City Council, and (2) that the newly structured Planning Commission consist of the following members: Earl Anderson and Dr. Charles Peterson, who are serving current terms, and these new appointments: Lance Smith for two years, Karen Losey for two years, Rose 13 14 Elizabeth Daley for one year, Ed Fahey for four years and Dan Sheehan for three years. The Mayor called for discussion and after a brief discussion Council agreed unanimously to accept the recommendations of the City Attorney. The Planning Commission will consist of those named above for the length of term indicated above. The City Attorney recommended that a Quit Claim Deed be granted to Rufus Benton for Lot 47, Pamela Terrace, PIN Number 4- 19 -3 -2. Councilman Fleetwood moved the adoption of the Resolution to allow the Quit Claim Deed; Councilman Bettencourt seconded it; the Resolution was adopted unanimously and read as follows: RESOLUTION FOR QUIT CLAIM DEED Councilman Owen then brought before Council two petitions for adjustments of water bills; one petition was from Mr. William Krapf who appeared before Council as a visitor at the beginning of this session, the other was from Mr. Thomas Gignilliat. After discussion among the members of Council, Councilman Owen moved the denial of both petitions. This was seconded by Councilman Fleetwood and unanimously carried. The City Administrator was instructed to inform both petitioners in writing of Council's denial of their requests. Councilman Fleetwood stated that an application for a business license to sell suntan lotion on the beach had been received. After explaining the matter to Council, he moved that the application be denied. Councilman Jung seconded the motion and it was carried unanimously. Councilman Fleetwood also reported that a decision should be made on an application for a business license to run a parking lot on property belonging to the water slides. After discussion it was decided to hold this matter in abeyance until a parking plan was submitted. Councilman Fleetwood then stated that bids had been received on paving for the new North End parking area and access road. He recommended that the low bids of $28,648.92 for the parking area and $26,224.32 for the work planned 1 1 1 15 on the access road (Polk Street and Fort Avenue). Both these bids were received from Porter Contracting Company. Councilman Fleetwood's motion was that these low bids be accepted subject to the availability of funding for the project. After a lengthy discussion Councilman Jung seconded the motion and it carried unanimously. Councilman Alexander gave a report on the public safety /bathhouse facility for 16th Street. He stated that the Department of Natural Resources has requested that the building planned be relocated because the present site is within the shore protection area. There was a lengthy discussion of this issue, but no concrete action was taken by Council, pending further negotiations with the Department of Natural Resources. There being no further business, the meeting was adjourned to the next regular or special called meeting of Council. 1 1 1 AN ORDINANCE AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, PROVIDING FOR THE REPEAL OF SECTION 20 -22, CHAPTER 20, ARTICLE II, WATER RATES SCHEDULE; AND SECTION 20 -48, CHAPTER 20, ARTICLE III, SANITARY SEWERAGE SERVICE CHARGES - SCHEDULE OF RATES, OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, AND DECLARING SAME TO BE NULL AND VOID AND VOID AND OF NO EFFECT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA, THAT: That Section 20 -22, Chapter 20, Article II, Water Rates Schedule; and Section 20 -48, Chapter 20, Article III, Sanitary Sewerage Service charges - Schedule of Rates, are hereby repealed and declared null and void and of no effect. It is the intention of the governing body, and it is hereby ordained the Code of Ordinances, City of Tybee Island, Georgia, may have its sections renumbered to accom- plish the repeal of these ordinances. This ordinance shall be in full force and effect immediately upon its adoption. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ENACTED in open Council this the 14th day of June , 1978. CITY OF TYBEE ISLAND, GEORGIA BY: ATTEST: First Reading: May 10, 1978 Second Reading: June 14, 1978 Enacted: June 14, 1978 15A 1 AN ORDINANCE AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND, GEORGIA, BE AMENDED BY ADDING A SECTION TO BE NUMBERED CHAPTER 20, ARTICLE IV, COMBINED WATER AND SEWER RATE SCHEDULE, SECTION 20 -60 PROVIDING FOR COMBINED WATER AND SEWER RATE CHARGES; 20 -61 PROVIDING FOR BILLING, COLLECTION AND PENALTIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA, THAT: The Code of Ordinances of the City of Tybee Island, Georgia, be amended by adding a section to Chapter 20 to be numbered Article IV, and entitled Combined Water and Sewer Rate Schedule, to read as follows: ARTICLE IV COMBINED WATER AND SEWER RATE SCHEDULE Section 20 -60. WATER AND SEWERAGE CHARGES (a) From and after the effective date of this Ordinance there shall be established a water -sewer service charge for each connection to the water - sewerage system of the City of Tybee Island, Georgia, both inside and out- side the City limits, and each water -sewer service customer shall pay the appropriate water -sewer service charge established herein. (b) The rates for all water -sewer service customers shall have a minimum base charge and said minimum base charge shall be considered a set standard or readiness - to -serve charge and will be charged whether the premises are occupied or not. The stand -by minimum base charge, both inside and outside the City limits, shall be $7.50 per month.* (c) The rate charges for water -sewer service shall be determined by the amount of water used and said charges shall be as follows: * The $7.50 per month charge shall consist of $2.50 per month for water and $5.00 per month for sewer. 15B 1 1 Water $ .25 per thousand gallons Sewer $ .50 per thousand gallons Section 20 -61. WATER -SEWER SERVICE BILLING, COLLECTION AND PENALTIES. The procedures and methods for billing, collection of the water -sewer charges established in Section 20 -60, and the penalties for delinquent and nonpayment of said charges, shall be in accordance with and as set out in Article II, Section 20 -26 through Section 20 -28, and Article III, Section 20 -49 through Section 20 -50. It is the intention of the governing body, and it is hereby ordained that the Code of Ordinances, City of Tybee Island, Georgia, may have its sections renumbered to accom- plish the addition of this ordinance. This Ordinance shall be in full force and effect immediately upon its adoption. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ENACTED in open Council this the 14th day of June , 1978. CITY OF TYBEE ISLAND, GEORGIA BY: ATTEST: First Reading: May 10, 1978 Second Reading: June 14, 1978 Enacted: June 14, 1978 ERK OF COUNCIL 15C 15D AN ORDINANCE TO AMEND THE ZONING ORDINANCE, CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, SO AS TO INCORPORATE THE PROVISIONS OF THE SHORE PROTECTION ORDINANCE, CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA: BE IT ORDAINED by the Mayor and the Council of the City of Tybee Island, Georgia, in Council duly assembled, that it is hereby ordained by the authority thereof that the Zoning Ordinance, Code of Ordinances, City of Tybee Island, Georgia is hereby amended by adding thereto Article Seven which shall read as follows: ARTICLE SEVEN. SHORE PROTECTION LINE Section A Definitions 1. "Person" means any natural person, firm, partnership, association, corporation, board, utility, public or private institution, municipal corporation, county, state agency or other legal intity. 2. "Shore Protection Area" means the area seaward of the Shore Protection Line to the high water line, in which land and plants are protected under the provisions of this ordinance. 3. "Shore Protection Line" means a line seaward of which land and plants are protected under provisions of the Shore Protection Ordinance. Factors to be considered in determining the location of the line shall include shoreline history, wave exposure, dune formations, beach profiles, and artificial beach erosion con- trol measures. These factors are evidenced by shore erosion patterns and dune formations, and help to indicate the ability of the beach and sand dune to protect the health and safety of residents and property. a. The Shore Protection Line shall be located in accordance with the standards for shoreline types indicated in Table 1 entitled Design Standards which is attached hereto and by reference made a part hereof. b. For clarification an example is shown herein of how a setback line is interpreted from Table 1. For a shoreline area with a history of wave damage, but has an 80 -foot wide high tide beach seaward of a cement seawall and does not have a dune ridge within 40 feet of the seawall, the line is determined as such: Basic Unit 50 feet No Dune 0 Wave Damage Area +10 80' beach -10 50 feet c. In natural areas that are historically stable the shore protection line shall be located forty (40) feet landward of the crest of the most seaward stable duneridge. d. In natural areas that have a history of erosion the Shore Protection Line shall be set back from the high water line as of the date the Shore Protection Line was established. The setback shall be equal to twenty (20) times the yearly erosion rate between 1897 and 1975. Said rate shall be determined by a registered practicing geologist or hydrologist familiar with Tybee Island. 15E e. The "wave damage area" is the area of shoreline generally between the ruins of the old pilot dock and Seventh Street, which, according to historical records and shore exposure, is susceptible to predominant storm waves capable of causing erosion. Section B. Establishment of Shore Protection Line The Shore Protection Line shall be shown on the official Shore Protection Map, which shall be kept at the City Council's offices where it will be available for public reference from 10 a.m. to 4 p.m. every working weekday. The map by reference is made a part hereof. Section C. Reassessment of Shore Protection Line The Mayor and City Council of Tybee Island shall employ a registered practicing geologist or hydrologist familiar with Tybee Island to reassess the location of the Shore Protection Line no less frequently than once every five (5) years. Section D. Beach, Dune or Vegetation Disturbance It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes, or vegetation thereon in the Shore Protection Area without first having obtained a variance from the Tybee Island Board of Zoning Appeals. Section E. Criteria and Procedure for Granting Disturbance Variance 1. Restrictions on Variances All uses or improvements proposed seaward of the Shore Protection Line shall require a variance from the Tybee Island Board of Zoning Appeals. Variance applications and /or requests for variances shall be accompanied by site plans and other appropriate data required to indicate to the Board of Zoning Appeals that the particular improvements proposed will not materially weaken the protective functions of the beach, sand dunes or vegetation thereon, provided, however, that nothing herein shall prohibit the City of Tybee Island, Georgia from constructing or maintaining public parking facilities and access roads within the Shore Pro- tection area without the necessity of the City obtaining a variance as required within this section. 2. Findings Required and Standard to Apply No variance shall be granted unless the applicant has presented evidence to the Tybee Island Board of Zoning Appeals and the Board has found that the pro- posed structure or activity will not materially reduce the effectiveness of the beach and dunes as a means of protection from the effects of high wind and water. 3. Restricted Uses Under no circumstances shall construction or development other than authorized and permitted dune crosswalks or other structures necessary for the health, safety and welfare of the people of Tybee Island be allowed seaward of a line eighteen (18) feet landward of the seawall. 1 1 1 15F 4. Conformance with Zoning and Other Ordinanances Only uses allowed in the respective zoning districts established by the Tybee Island Zoning Ordinance shall be considered for a shore, dune or vegetation disturbance variance. All other laws, rules and ordinances in effect shall also apply to the area seaward of the Shore Protection Line. 5. Exemptions The provisions of this Ordinance shall not apply to recreational activities, such as swimming, sun bathing and picknicking or to public structures, parking facilities and access roads presented owned, constructed or maintained by the City of Tybee Island. Section F. Nonconforming Uses Any lawful use of land or building existing on the effective date of this ordinance or on the effective date of any subsequent amendment thereto, located within the Shore Protection Area is hereby declared to be a nonconforming use. A nonconforming use of building, structure or land may be continued with the following limitations: 1. Extension of Use It shall not be extended to occupy a greater area of land or space eastward of the Shore Protection Line. 2. Vacant Use A tract or structure of land which has housed a nonconforming use may not continue in use after it has remained vacant for twelve (12) months. 3. Damaged Use A building or structure which housed or houses a nonconforming use shall not be reoccupied by a nonconforming use after it has been damaged to the extent of seventy -five (75 %) percent or more of the total fair market value, provided, however, if a structure is not intentionally damaged or destroyed by the owner or occupant, then the owner may reconstruct or repair the structure to a com- parable status provided further that the structure does not occupy more land or space than the original structure and the construction is begun within twelve (12) months after the structure is destroyed or damaged. Section G. Application to the Zoning Board of Appeals for the Granting of Variances. 1. Procedure The application for a variance will be in accordance with Article 6 of the Zoning Ordinance of the City of Tybee Island as amended except as other- wise provided herein. 2. Notification and Public Hearing Notice of public hearing shall be given in accordance with Article 6, 1 1 1 15G Section B, of the Zoning Ordinance of the City of Tybee Island, and in addition the Department of Natural Resources will be forwarded a copy of all amendments to this article or applications by Certified Mail. The Department of Natural Resources will be allowed 30 days from the date of posting to submit any re- commendations to the Board of Zoning Appeals before the Board makes its decision. Section H. Appeals to City Council Appeals to City Council may be taken by any person or by any officer, department, board of bureau of the municipality affected by any decision of the Zoning Board of Appeals made under this Article. Such appeal shall be filed no later than thirty (30) days after notification of the decision appealed from, by filing with the Zoning Board of Appeals and with City Council a notice of appeal specifying the ground thereof. The Zoning Board of Appeals shall forth- with transmit to City Council all the papers constituting the record upon which the action appealed was taken. City Council shall cause notice of the appeal to be given to all interested persons and shall make a decision on the appeal within forty -five (45) days after giving said notice. Section I. Appeal from Decisions of City Council Any person or persons severally or jointly aggrieved by any decision of City Council under this article may take an appeal to the Superior Court. Said appeal to the Superior Court shall be the same as an appeal to the Superior Court from any decision made by Court of Ordinary as specified in Chapter 6 -2 of the Code of Georgia except, however, that said appeal shall be filed within thirty (30) days, and upon failure to file said appeal within thirty (30) days, the said decision of City Council shall be final. Provided, however, that on appeal said case shall be heard by the judge of the Superior Court within a jury, unless one of the parties files a written demand for a jury trial within thirty (30) days from the filing of the appeal. Section J. Code of Ordinances It is the intention of the governing body, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia and the sections of this Ordinance may be renumbered to accomplish such intention. This Ordinance shall be in full force and effect immediately upon its adoption. All ordinances or parts of ordinances in conflict herewith shall be void and the same are hereby repealed. ADOPTED IN OPEN COUNCIL THIS 14th DAY OF June , 1978. MAYOR: First Reading: April 12, 1978 ATTEST: Second Reading: May 10, 1978 Adopted: June 14, 1978 15H TABLE 1 DESIGN STANDARDS (feet *) SHORELINE TYPE BASIC UNIT DUNERIDGE2 WAVE DAMAGE 80' WIDE AREA HIGHTIDE BEACH3 Present Not Present Cement Seawall 50 -10 0 +10 -10 Rock Seawall 55 -10 0 +10 -10 Wood Seawall Maintained 70 -10 0 +10 -10 Delapidated 80 -10 0 +10 -10 Natural Stable4 Eroding -40 behind 1st stable and continuous duneridge 20 times (yearly erosion rate between 1897 - 1975) 1. Distance behind seawall. 2. Duneridge present within 40' of seawall (minimum: 6' high x 15' wide), if not present, a duneridge may be created; however, it must duplicate all physical and floral characteristics of adjacent natural dunes. 3. 80' wide high tide beach in front of seawall. 4. If no dune is present, a dune may be created no less than 80' behind the stable mean high water line. * In no case shall the design standard be less than 40' landward of a seawall. 1 1 1 1 COUNTY OF CHATHAM ) STATE OF GEORGIA ) I, Michael J. Counihan, do solemnly swear that I will faithfully discharge the duties devolved on me as Mayor of the City of Tybee Island; that I will faithfully execute and enforce the laws and ordinances of the City to the best of my ability, skill and knowledge; that I will support and uphold the Constitution of the United States of America and the Constitution and laws of the State of Georgia; SO HELP ME GOD. Sworn to and subscribed before me this 3rd day of July, 1'78. ita441/1 MICHAEL J. Geo s E. Oliver " Judi- •f Superior Court Chatham County, Georgia J 1 1 i STATE OF GEORGIA ) COUNTY OF CHATHAM ) I do solemnly swear that I will faithfully discharge the duties devolved on me as City Attorney for the City of Tybee Island; that I will faithfully execute and enforce the laws and ordinances of the City to the best of my ability, skill and knowledge; that I will support and uphold the Constitution and laws of the United States of America and the Constitution and laws of the State of G- orgia; SO HELP ME Sworn to and subscribed before me this 3rd day of July, 1978 George E. 0 fiver Judge o perior Court Chatham County, Georgia 1 COUNTY OF CHATHAM ) STATE OF GEORGIA ) We, the undersigned, do solemnly swear that we will faithfully discharge the duties devolved on us as Councilmen of the City of Tybee Island; that we will faithfully execute and enforce the laws and ordinances of the City to the best of our ability, skill and knowledge; that we will support and uphold the Constitution and laws of the United States of America and the Constitution and laws of the State of Georgia; SO HELP US GOD. William C. Fleetwood John J. Owen, Jr. Edward Jung Karen Young Losey Jerome W. Bettencourt Al i Sworn to and subscribed before me this 3rd day of July, •78. ge E. Oliver e of Superior Court Chatham County, Georgia 1 COUNTY OF CHATHAM ) STATE OF GEORGIA ) I, Nicholas C. Alexander, do solemnly swear that I will faithfully discharge the duties devolved on me as Councilman of the City of Tybee Island; that I will faithfully execute and enforce the laws and ordinances of the City to the best of my ability, skill and knowledge; that I will support and uphold the Constitution and laws of the United States of America and the Constitution and laws of the State of Georgia; SO HELP ME GOD. 1 Sworn to and subscribed before me this day of , 1978 Judge of Superior Court Chatham County, Georgia 1 I HOLAS C. ALE