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19871008CCMeeting1 Tybee Island, Georgia October 8, 1987 The Tybee Island City Council held its regular monthly meeting on Thursday, October 8, 1987 at 7:30 P.M. at Tybee City Hall. Mayor Walter W.Parker presided and the following members of Council were present: Chris Solomon, Bill Walsh, Kilma McCutchen, Jean Davis, Phil O'Dell and Paul Jackson. Thomas J. Mahoney, Jr., City Attorney, and Bob Thomson, City Administrator, were also present. Mayor Parker opened the meeting by welcoming the audience and by announcing that two public hearings advertised for this night would not be heard. Minutes of the meeting of the Planning Commission were read and the postponements explained. They were: (1) Rezoning petition for 44 Wrenwood - from R -1 to R -2, and (2) Phase II of the subdivision of Marshwinds. Roy Rowell was the first visitor to speak before Council. He introduced Mr. Meigs of 1705 Inlet Avenue who wants to open a portion of Inlet Avenue to access a back lot. Problems leading to the request were explained to be storm drainage, the placement of a catch basin, and problems with access. It was stated by Mr. Rowell that the right -of way is a recorded access, unopened. Speaking as interested neighbors, opposed to opening the access, were John Wylly, Teresa Norton, Gordon Varnadoe. Also opposed, though not necessarily neighbors, were Jim Kluttz, Jeanne Hutton, John Jarvis, and Sammy Weatherly. The following points were raised: 1) Work was begun without permits from city or state. 2) Commendation to city for seeking advice of DNR's Coastal Protection Section. 3) Neighbors all prefer right -of -way be used for pedestrian traffic only since it leads to seawall of Tybee Creek, and onto beach. 4) Who would pay for the opening of the right -of -way? 5) Public's use of beach access should be protected. In response the developer, Roy Rowell, and his client gave the following answers: the right -of -way is a recorded access of 80' or 90' feet, once used as a railroad turnabout. The owner is asking for limited access, to a point just behind an existing house, for a back lot, a minor subdivision. There is a severe drainage problem in the area calling for correction by placement of a catch basin which should 1 1 Tybee Island, Georgia October 8, 1987 Page Two not be driven over. The present access to the existing house passes so close to the house itself that it is not a proper access for another structure. The owner & developer also maintained that no disturbance of the dunes occurred and that the work done was removal of debris from the yard. Bob Thomson and Billy Pye spoke for the city. It was stated that the drainage can be installed in about two days at a cost of about five hundred dollars ($500.00). The developer also contended that no permit from DNR is needed. The City Attorney stated that the city is within its rights to consult DNR and that he advised this be done. Mr. Charles Hosti, former Mayor, next spoke, saying that since the deadline for qualification of candidates has passed he can now speak without being accused of a political motive. He continued his recent campaign against the allowing of drinking on the beach in paper cups which was passed in an ordinance adopted in January of 1987. He said he is disappointed in the reaction he received from the Council to his earlier request that the ordinance be reconsidered and reinstated in its former wording. He stated his belief that the increase in drownings, and, in his opinion, increase of rowdiness and disorderly conduct on 16th Street are directly affected by this change. He said that paper cups is the key, and was probably omitted from the ordinance to please the business people. Councilmember McCutchen questioned his statement about the drownings; naming the cases, and saying that alcohol was in no way related to the majority at least, and probably not to any of them. Mr. Hosti then spoke in favor of granting a flood variance to Captain's Row Subdivision saying that this is the only subdivision he knows of where the developer followed the accepted plans to the letter. He also stated that work began as the developer has stated, that he did some work personally on the project. He added that he really does not think a variance is needed since the work did clearly begin before the new NFIP went into effect, but if Council thinks it is, then he hopes they will grant it. John Jarvis questioned plans for handling of trash and garbage. Mayor Parker stated that no decisions have yet been made. D a Tybee Island, Georgia October 8, 1987 Page Three Joyce Bougas spoke of her petition for a flood variance, saying that her situation is unique since the line dividing the 13' and 12' zones seems to pass right through her apartments. She gave a short history of her attempts to conform to the flood ordinance, and said that although she has applied before for a variance, the situation is changed with the adoption of the new map. The City Attorney advised that FEMA be consulted for an opinion, in writing, of what to do in such a case, and the petition was postponed pending receipt of information from that source. The meeting was opened for business legally presented. Jim McCallar reiterated the position of the Captain's Row petitioners, and referred to the testimony of former Mayor Hosti. The City Attorney stated that he had reviewed the affadavit prepared by the petitioners, and noted that this evidence, plus statements from former Mayor Hosti and Councilmember Solomon concerning work they had personally done on the project, seem to present sufficient proof, since the affadavit has to be presumed to be truthful, and since no counter evidence has been forthcoming. He said that, had FEMA had this information from the first, he believes their decision would have been that the old map is the applicable one. Mayor Parker questioned whether a variance is necessary, and the attorney advised that it would be safest to proceed with one and, if given, it should apply to the whole subdivision. Councilmember O'Dell moved that the subdivision be allowed to proceed with construction under the old NFIP map. Councilmember McCutchen seconded and the vote was unanimously in favor. Minutes of the September 10th meeting were approved as written. Bills for September were approved as follows: Water /Sewer $15,029.52 General Govt. $10,616.30 Police /Parking $10,907.30 DPW /Sanitation $20,684.31 Recreation $ 6,439.19 Fire Dept. - Held up for checking into bills more thoroughly; Councilmember McCutchen felt some charges should not be hers. Mayor Parker opened discussion of the alcoholic beverage ordinance as requested by former Mayor Hosti. Police Commissioner Phil 1 1 Tybee Island, Georgia October 8, 1987 Page Four O'Dell moved that the matter be brought onto the floor for discussion, and the second was by Councilmember Solomon. Councilmember O'dell said that he does not believe the decision was made to please merchants; he said that the change was requested by the police department and the reasoning is that it might remove a cause for charges of discrimination on the part of the police department. He said that drinking is allowed on River Street and most other recreational places, and that as long as disorderly behavior is controlled, it might be allowed. He added that he believed it was a unanimous action of Council. Mayor Parker added that it is almost impossible to strictly enforce the no drinking ordinance as formerly written with the limited personnel of Tybee's police force. He said it has always been possible to pick up people who are misbehaving. Council - member Solomon said there has been a problem in that beer and gingerale, for example, look alike and that getting close enough to a person's cup to ascertain whether it contained alcoholic beverages can be considered an invasion of the person's civil rights, and there had been threats of lawsuits over this. Mayor Parker added that non - alcoholic beers are becoming quite popular, and add to the problem of distinguishing the contents of a cup. He added that he has no objection to studying the question further, and that maybe changes do need to be made. He asked former Mayor Hosti if he would consider serving on a committee for the purpose of studying the question. Police Commissioner O'Dell stated that he doesn't want the police department accused of discriminatory practices, and that, when the department asks for a change in an ordinance, he believes in making that change, if possible. Moor Parker announced that John Hutton, the City Engineer, is attending a public hearing on the Savannah River Harbor Improvements tonight and the statement, a request for combining dredging with renourish- ment, that he planned to deliver there was read to the audience. A copy is attached to these minutes. It was noted that a sample ordinance on soil erosion had been sent to the Planning Commission for consideration and recommendation. It was further reported that a speed ordinance, setting speed limits for certain streets, is also being studied. It is hoped that a report will be ready for the November meeting. Tybee Island, Georgia October 8, 1987 Page Five Bob Thomson added that the Homestead Exemption for Senior Citizens, requested by the City Council, is being prepared and should go to our. Representative, Jack Kingston, in about three weeks. It is planned to introduce a local bill in the early part of the General Assembly. Mayor Parker announced that funding is being sought to provide more active drug enforcement for small communities like Tybee, and that he is working with Chief McCutchen, who is very active in seeking this kind of help for Tybee. It was briefly discussed that the Shrimp Net Restaurant is seeking permission from the city to use an unopened right -of -way for parking, and that the adjacent property owner, Oris Blair, has petitioned for a quit claim to the same right -of -way, an irregular triangular area that he has maintained for a number of years. This matter was given into the hands of the City Attorney so that the letter from Mr. Blair's attorney can be answered. Bob Thomson noted that there is an audit requirement for budgeting of all unallocated funds. He asked the Council to study this new requirement and be ready with a recommendation for Finance Chairman, Jean Davis, at the November agenda meeting. A Resolution supporting the Economic Development Authority and the Savannah Area Chamber of Commerce was read. Councilmember Jackson moved its adoption, Councilmember McCutchen seconded and the vote was unanimous in favor. A copy of the Resolution is attached to, and becomes a part of, these minutes. Mayor Parker announced that a special program will be aired at noon on WTOC -TV about Tybee and encouraged everyone to watch. Mr. Mahoney stated that the procedure for selling excess city property is that it must be declared surplus, the petitioner must furnish a plat, and, according to the latest General Assembly law change, there may be a private sale, possibly, but he would suggest no response to Mr. Blair's petition be made until he has had time to thoroughly check the law. Councilmember Solomon requested that the legal status of Inlet Avenue as an unopened street providing pedestrian access be checked, too. Tybee Island, Georgia October 8, 1987 Page Six Mayor Parker called on Bob Thomson who reported that Waste Management, Inc. was the low bidder on the proposed contract for solid waste handling. He stated that all firms with capability of providing the service had been contacted, and offered a chance to bid. Most did not; two, including City of Savannah, expressed interest in bidding next year. Only two actual bids were received, and Waste Management's bid was much lower than the other. Mayor Parker set, with Council's approval, a date for a special meeting with Waste Management to discuss the contract, and accept it, if the Council so decides. The meeting will be held on Monday, October 19th at 6:00 p.m. Waste Management staff will be invited to attend and answer Council's questions. It was announced that the Optimist Club is sponsoring a "Say No To Drugs" Campaign in November. They will give away tee - shirts, and do other things to attract interest. They will also sponsor their annual Student Council, which will be held on November 18th. Councilmember Solomon announced that the Youth Annual Awards for baseball, etc. will be held in Jaycee Park on Sunday at 1:30 p.m. He also announced that the Tybee Dolphins football team will play West Effingham County here on Saturday, October 17th. The meeting was adjourned. CLERK OF COUNCIL THOMAS & HUTTON ENGINEERING CO. 3 OGLETHORPE PROFESSIONAL BOULEVARD POST OFFICE 80X 14609 SAVANNAH, GEORGIA 31416-1609 TELEPHONE (912) 355 -5300 F. V. GEORGE, JR. W. G. FOSTER, SR. DANNY E. STANLEY Corps of Engineers Savannah District Post Office Box 889 Savannah, GA 31402 Attn: .Mr. Steven Osvald Gentlemen: October 7, 1987 MITCHELL BOHANNON OCTAVIO ARANGO STEPHEN ROACH Re: Savannah River Dredging On behalf of the City of Tybee Island, we would like t� make the following observations: 1. The preponderant long shore drift, or sand movement, is from north to south, along Hilton Head Island, SC, and Tybee Island, GA. 2. Dredging of the Savannah River ship channel interrupts much of the long shore drift from Hilton Head to Tybee Island, thus restricting a natural method of beach nourishment. 3. Erosion, sediment, and flood control in the Savannah River basin have restricted another natural method of nourishment at the Savannah River mouth. 4. Beach protection and renourishment on Tybee Island have historically been initiated only after evident problems have become crises. Tybee Island encourages the growth of the Savannah Port, and the necessary dredging and river maintenance which are part of that growth. At the same time, Tybee Island makes two requests related to this project. 59 WENTWORTH STREET / CHARLESTON SOUTH CAROLINA 29401 TELEPHONE (9031 722 3725 1 1 1 Corps of Engineers Savannah District October 7, 1987 Page Two 4 First, that existing or new methods be addressed to increase sand deposits on the north end of Tybee Island. Second, that these deposits, which are essentially a riparian right of Tybee Island, be increased in conjunction with all dredging projects, hopefully avoiding crisis action and expense. JH /kbw Enclosure Yours truly, THOMAS & HUTTON ENGINEERING CO. John Hutton Project Representative REFERENCES 1. "Tybee's Troubled Beach," Atlanta Journal and Constitu- tion, June 6, 1971. 2. "Saving the American Beach: A Position Paper by Concerned Coastal Geologists," Skidaway Institute of Oceanography Conference on America's Eroding Shoreline, March 25 - 27, 1981. 3. "History of Beach Erosion Control Attempts at Tybee Beach," James D. Howard, Skidaway Institute of Ocean- ography, 1981. 4. "Beach Nourishment Techniques," U. S. Army Coastal Engineering Research Center, Technical Report H- 76 -13, May, 1981. 1 REFERENCES 1. "Tybee's Troubled Beach," Atlanta Journal and Constitu- tion, June 6, 1971. 2. "Saving the American. Beach: A Position Paper by Concerned Coastal Geologists," Skidaway Institute. of Oceanography Conference on America's Eroding Shoreline, March 25 - 27, 1981. 3. "History of Beach Erosion Control Attempts at Tybee Beach," James D. Howard, Skidaway Institute of Ocean- ography, 1981. 4. "Beach Nourishment Techniques," U. S. Army Coastal Engineering Research Center, Technical Report H- 76 -13, May, 1981. 1 1 R E S O L U T I O N WHEREAS, the Savannah Area Chamber of Commerce is n volunteer organization whose goal Is to promote business and advance the well-being of the Savannah wren; and WHEREAS, the Savannah Area Chamber of Commerce is financed by membership investments ftom business and professional Snvannnhlnns; and WHEREAS, the Savannah Area Chamber of Commerce has Joined in an Economic Development Partnership with the Savannah Port Authr,rIty, Savannah Electric E. Power Company, Savannah Airport Commission, and City and County governments to jointly seek the telocntlon of new business and industry, and the retention of existing businesses to maintain and increase the area's economic vitality; and WHEREAS, benefits ate returned to each Chamber member in the form of economic gtowlli; a mate livable community; representation in government for bnslner:r ;; and business assistance ptogtams; and WHEREAS. the Savannah Area Chamber of Commerce in its 181st year of operation 1s ocnduct1ng "Operation 'Thank You" to personally visit each member to exptess appreciation for their financial investment; NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF 111E CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM FRIDAY, OCTOBER 9th, 1987 as SAVANNAH AREA CHAMBER r,r COMMERCE DAY in Tybee Island, Georgia, and urge our citizens to support this organization and its goals. WALTER W. PARKER, MAYOR ATTEST -1174 R E S O L U T I 0 N WHEREAS, the Savannah Area Chamber of Commerce is a volunteer organization whose goal is to promote business and advance the well -being of the Savannah area; and WHEREAS, the Savannah Area Chamber of Commerce is financed by membership Investments from business and professional Savannahians; and WHEREAS, the Savannah Area Chamber of Commerce has ,joined in an Economic Development Partnership with the Savannah Port Authority, Savannah Electric & Power Company, Savannah Airport Commission, and City and County governments to jointly seek the relocation of new business and industry, and the retention of existing businesses to maintain and increase the area's economic vitality; and WHEREAS, benefits are returned to each Chamber member in the form of economic growth; a more Livable community; representation in government for business; and business assistance programs; and WHEREAS, the Savannah Area Chamber of.Commerce in its 181st year of operation is ocnducting "Operation Thank You" to personally visit each member to express appreciation for their financial investment; NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM FRIDAY, OCTOBER 9th, 1987 as: SAVANNAH AREA CHAMBER pr COMMERCE DAY in Tybee Island, Georgia, and urge our citizens to support this organization and its goals. ATTES WALTER W. PARKER, MAYOR Mr. Bob Thompson City of Tybee Island October 9, 1987 Page Two At no time in either of these discussions was additional building on the lot mentioned. The subject was existing standing water from around a house, not a drainage system for development. As Thomas & Hutton has stated in the past, we take no responsibility, credit, or blame for what others say we said. If we do not state it in a letter or formal document, we ask that the city and its citizens disregard it as hearsay, or take it with many large grains of salt. We would appreciate your appending this letter to the minutes of the meeting of 10/08/87. Yours truly, THOMAS & HUTTON ENGINEERING CO. Jq'hn Hutton Project Representative JH /kbw cc: Mr. Thomas Mahoney, City Attorney Mr. Michael Graham Mr. Gordon Varnedoe Mr. John Wylly Mr. Billy Pye Mr. Roy Rowell 1 THOMAS & HUTTON ENGINEERING CO. 3 OGLETHORPE PROFESSIONAL. BOULEVARD POST OFFICE BOX 14609 SAVANNAH. GEORGIA 31416-1609 TELEPHONE (912) 3555300 F. V. GEORGE. JR. W. G. FOSTER. SR. DANNY E. STANLEY October 9, 1987 Mr. Bob Thompson City of Tybee Island Post Office Box 128 Tybee Island, GA 31328 Re: Council Meeting of 10/08/87 Dear Bob: MITCHELL BOHANNON OCTAVIO ARANGO STEPHEN ROACH It is our understanding that Thomas & Hutton Engineer- ing Co. was used as reference in drainage discussions pertaining to the Inlet Avenue area at last evening's Council meeting. For your information, the company was not employed by anyone to study or solve drainage problems for the area. Mr. Michael Graham asked our advice over the telephone on language of a contract to protect a potential buyer of Hang.Buckley's home. We told him that because of the placement of the home, a buyer could only expect protecdion from -a 10 -year storm (2.75 inches of rain within one horn), and that a contingency sum of $15,000.00 could pay for this protection. Billy Pye asked our advice on how to drain standing water from Hank Buckley's yard. We suggested a large french drain, properly constructed. Billy asked what we thought of a gate inlet and piping which would tie into the 48 -inch drainage line to the Back River. We said he could try it, but to put in a flap or check valve to prevent major back- flooding from the 48 -inch pipe. He should also make it very clear to the home owner that the operation of the flap or check valve was not going to be the City's responsibility as a lawsuit could result. 59 WENTWO.RTH STREET / CHARLES, ',)LINA 29401 / TELEPHONE 18031 722 -3725