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HomeMy Public PortalAbout19791117SCMeeting1 1 8 Tybee Island, Georgia November 17, 1979 A special meeting of the Tybee Island City Council was held at 4:00 p.m. on Saturday, November 17, 1979 at the City Hall with Mayor M. J. Counihan pre- siding. The following members of Council were present: William C. Fleetwood, Jack Owen, Edward Jung, Jerome W. Bettencourt and Nick C. Alexander. Karen Losey was absent. Andrew Estes, acting as City Attorney, was present. The special meeting was called for the purpose of signing a Consent Order prepared by the Department of Natural Resources on November 16, 1979 regarding Ozzie',s Steamer Palace, Record Number DNR- SAC -AH 1 -79. The meeting was opened for business legally presented by Mayor Counihan who then called on Councilman Fleetwood to present a report of the hearing in Atlanta on November 16, 1979. Councilman Fleetwood stated that a committee consisting of himself, the City Clerk and Earl Anderson, Zoning Administrator attended the hearing. He stated that assistant City Attorney, Mr. Andrew Estes, met with representatives of the Department of Natural Resources and Ms. Patricia Barmeyer, Assistant Attorney General, a day prior to the hearing in order to present evidence on the City's behalf. He commented that an understanding of the situation by both parties concerned enabled the evidence to be presented entirely in written docu- mentation without oral testimony. The actual hearing itself took only a short time and there were representatives of two outside groups present. The hearing officer, Mr. Talley, presided. The results of that meeting was a Consent Order which is being brought before Council at this time for consideration. Mr. Andrew Estes read the Consent Order, a copy of which is attached to, and forms a part of these minutes. Mr. Estes then commented that the Department 1 1 9 of Natural Resources encourages efforts to provide access and facilities for public use of the Tybee Island beaches and is concerned with the issues which may affect the beach erosion control project. Mayor Counihan opened the floor for questions concerning the Consent Order. Councilman Alexander asked where the proposed dune crossings will be located. Councilman Owen asked if the Department of Natural Resources will choose these locations. Councilman Fleetwood answered that the locations can be chosen by the City but must be approved by the Department of Natural Resources. Councilman Fleetwood then moved that a Resolution be drawn authorizing the signing of the Consent Order, and the compliance with the stipulations of the Department of Natural Resources that it be accompanied by a certified check for $1,000.00, returnable to the City after verification that the building has been moved to the stipulated location, and also authorizing a bond in the amount of $3,500.00 to be satisfied by the construction of the first barrier -free dune crossing. Councilman Alexander seconded the motion, and it was unanimously passed. A copy of the Resolution is attached to, and forms a part of, these minutes. Councilman Fleetwood then moved that the attorney be instructed to prepare a letter to the third party, the franchise holder, explaining the Consent Order. The motion was seconded by Councilman Alexander and passed unanimously. The meeting was then adjourned. 1 1 1 CITY OF TYBEE ISLAND) TYBEE ISLAND, GEORGIA) RESOLUTION WHEREAS, the City of Tybee Island and the Department of Natural Resources mutually agreed that a Consent Order be prepared to resolve the matter of the location of "Ozzie's Steamer Palace "; and WHEREAS, both parties are mutually desirous of an agreement which will promote improved public access to the beach; and WHEREAS, the Consent Order requires the City of Tybee Island to furnish the Department of Natural Resources with a certified check in the amount of One Thousand Dollars ($1,000.00) to secure the removal of "Ozzie's Steamer Palace" from the area protected by the Shore Assistance Act; and WHEREAS, the Consent Order also requires a bond in the amount of $3,500.00 to secure the completion, within six months, of a barrier -free boardwalk dune crossing structure and additional dune - crossing structures to be erected in four consecutive years commencing in 1981; and WHEREAS, the terms of the Consent Order are acceptable to the Mayor and Council of the City of Tybee Island; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in council assembled this 17th day of November, 1979, that the Consent Order be signed by the Mayor of the City of Tybee Island, and that the terms of the Consent Order be met by the City of Tybee Island in full and complete compliance. ATTEST: �. 44-441° 9 e.t�2.ycaJ V MAYOR 1 1 1 CONSENT ORDER WHEREAS, THE CITY OF TYBEE ISLAND AND THE DEPARTMENT OF NATURAL RESOURCES ARE MUTUALLY DESIROUS OF PRESERVING THE INTEGRITY OF THE BEACH, THE SAND DUNES AND THE SAND SHARING SYSTEM ON TYBEE ISLAND, AND WITH A VIEW TOWARD PUBLIC SERVICE AND IMPROVED PUBLIC ACCESS AND FACILITIES ON THE BEACH, THE PARTIES HERETO AGREE TO THIS CONSENT ORDER ON THE FOLLOWING TERMS: 1. RESPONDENT SHALL, WITHIN TWO WEEKS OF THE DATE OF THIS CONSENT ORDER, MOVE AND RELOCATE THE STRUCTURE KNOWN AS OZZIE'S STEAMER PALACE TO A LOCATION WHICH IS OUTSIDE OF THE JURISDICTION OF THE SHORE ASSISTANCE ACT OF 1979. SUCH REMOVAL AND RELOCATION SHALL INCLUDE REMOVAL OF ALL UTILITIES AND OF ANY INCIDENTAL APPURTENANCES TO OZZIE'S STEAMER PALACE. 2. RESPONDENT SHALL, CON- TEMPORANEOUSLY WITH THE EXECUTION OF THIS ORDER, DELIVER TO THE DEPARTMENT OF NATURAL RESOURCES A CERTIFIED CHECK IN THE AMOUNT OF $1,000, PAYABLE TO THE DEPARTMENT OF NATURAL RESOURCES, TO SECURE THE REMOVAL OF OZZIE'S STEAMER PALACE. SAID CHECK SHALL BE RETURNED TO THE RESPONDENT UPON THE REMOVAL OF OZZIE'S STEAMER PALACE AND RELOCATION IN ACCORDANCE WITH PARAGRAPH ONE ABOVE. 3. RESPONDENT SHALL, WITHIN SIX MONTHS OF THE DATE OF THIS CONSENT ORDER, CONSTRUCT A BARRIER -FREE BOARDWALK DUNE CROSSING STRUCTURE AT A LOCATION AT THE BEACH WHICH IS AGREED UPON BY THE CITY OF TYBEE ISLAND AND THE DEPARTMENT OF NATURAL RESOURCES. 4. RESPONDENT SHALL, CONTEMPORANEOUSLY WITH THE SIGNING OF THIS CONSENT ORDER, SUBMIT A PERFORMANCE BOND IN THE AMOUNT OF $3,500.00, ISSUED BY A BONDING COMPANY LICENSED TO DO BUSINESS IN THE STATE OF GEORGIA, MADE PAYABLE TO THE COMMISSIONER OF NATURAL RESOURCES, TO SECURE THE CONSTRUCTION OF THE BARRIER FREE DUNE CROSSING STRUCTURE IN ACCORDANCE WITH PARAGRAPH THREE ABOVE. 5. RESPONDENT SHALL CONSTRUCT FOUR ADDITIONAL DUNE CROSSING STRUCTURES IN FOUR CON- SECUTIVE YEARS COMMENCING IN 1981, AT LOCATIONS AGREED TO BY THE DEPARTMENT OF NATURAL RESOURCES. 6. ANY FAILURE ON THE PART OF THE CITY OF TYBEE ISLAND TO COMPLY WITH THE TERMS OF THIS CONSENT ORDER SHALL SUBJECT THE CITY OF TYBEE ISLAND TO CIVIL PENALTIES OR ANY OTHER ENFORCEMENT REMEDY AVAILABLE TO THE DEPARTMENT OF NATURAL RESOURCES PURSUANT TO THE SHORE ASSISTANCE ACT OF 1979.