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1993- 05 -13. City Council Minutes
The Tybee Island City Council held its regularly monthly meeting
on Thursday, May 13, 1993 at 7:30 P.M. in the City Hall Auditorium
with Mayor Walter Parker presiding. The following members of
Council were present: Christopher P. Solomon, Jack Youmans, James
P. Locklear, C. Ansley Williams, C. Burke Day, and Jimmy Brown.
City Attorney Edward Hughes was present to represent the City in
all legal matters.
Grable Page, Pastor of Trinity Methodist Chapel, gave the
Invocation. Mayor Parker led the public in the Pledge of
Allegiance.
Ms. Linda Odum, a scheduled visitor before council, was not
present. Reverend Page said that on May 6th, National Prayer Day,
that over 200 people were present at City Hall for a Community
Prayer Service. Reverend Page expressed views concerning the nudity
ordinance and asked that the City uphold these ordinances. Reverend
David Loftner, Pastor of the Baptist Church, said that the moral
and spiritual values are at stake. He took strong exception with
Kittens' Korners owners' statement about "the majority of Tybee
Island favor nudity." Mayor Parker stated that the feeling of
Council have been demonstrated by the action that has been taken
against Kittens Korner. Mayor Parker said that he feels he is
speaking for all of council. Councilman Youmans said that he was on
Council when the ordinance was adopted and that at that time he
asked the City Attorney if this ordinance was constitutional.
Mr. Carl Thompson asked for an update on Orange Crush. Mayor
Parker said that he thinks the police have it under control. There
are 3 separate groups sponsoring different events. The disc jockey
will leave North Beach at 4 P.M. in order to be in Savannah to set
up for the evening event. Once parking is full in the allotted
areas then no one else will be allowed in Fort Screven. Mr.
Thompson then questioned the clean up. Mayor Parker said this is a
one day event this year, have asked organizers to police the area
for trash, volunteers from Savannah State to assist in the clean-
up. Mr. Jim Sheley said to make sure we have port -a -lets, last year
the dune areas were used as restrooms. He also stated that this is
not a racial issue, would have the same problems if whites.
Mayor Parker opened the Public Hearing on a petition from Mr.
Donald Agnew for a minor subdivision at 1105 Bay Street. Mr. Agnew
explained what he was requesting. Chairman Frankenhauser said that
the Planning Commission recommended approval. There was no
questions from Council. No one from the audience spoke for or
against. Mayor Parker closed the hearing.
Mayor Parker opened the Public Hearing on a petition from Mitch
and Joyce Hendrix for a variance on the size of a lot in order to
build a duplex. Mr. Hendrix requested of the City Administrator on
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Monday, May 10, 1993 that his petition be postponed until the June
Council meeting. Rusty Fleetwood asked what is the reason for
putting off the vote. The Mayor asked Mr. Frankenhauser, Chairman
of the Planning Commission to explain the request for the variance.
Mr. Frankenhauser said that Mr. Hendrix is in a R -2 Zone and needs
6750 square feet in order to build a duplex. Mr. Hendrix has only
6600 square feet. No questions from Council. Mr. Rusty Fleetwood
said that this petition needs to have the due process, he is
against granting the variance, ordinance that allows variance
requires a hardship to be shown, the request is in an established
area and Mr. Hendrix does not have the area needed for a duplex.
Mr. Bill Walsh stated that he is against the variance and feels
that the request to delay should have come before Planning
Commission. Mr. Walsh also said that more letters should be sent to
property owners and that Mr. Hendrix should bear the expense and
not the taxpayers of Tybee Island. The Planning Commission
recommendation was unanimous to deny the variance. Mayor Parker
closed the hearing.
Mayor Parker opened the Public Hearing on a variance on Lot
Reduction size petitioned by Mr. Allen Hendrix located in the Fort
Screven area. Attorney Delano Maurice stated that Mr. Hendrix has
owned the land since 1981 and should be able to use land for
reasonable purpose. The intended use is for residential lots of
9,000 square feet. Attorney Maurice said that the Subdivision
Ordinance of 1983 was adopted 2 years after Mr. Hendrix bought the
property. This property were lots of record in 1971. Mr. Hendrix
wants to reduce the number of lots from 29 to 27 or less. On the
question of traffic and streets, many existing streets border the
area. Planning Commission voted unanimously to deny the request.
People speaking against the variance were the following: Mrs.
Marion Dean, Michael Bernstein (handed in a petition signed by the
neighbors in Fort Screven), James LaFavor, Jim Sheley, Dottie
Kluttz, Jeanne Hutton. There was also 2 letters (Beth Hodges, Diane
Deaton and David Collier) against the variance. Mr. Allen Hendrix
spoke in favor of the variance. Councilman Day asked how many PIN
#'s for tax purposes? Attorney Maurice said there are two parcels
of land with each having a PIN # (one with 7 lots, 1 with 22 lots).
Councilman Youmans said he has the same situation with his mothers'
property on Isle of Hope (4 lots, one PIN #). Mayor Parker closed
the public hearing.
Mayor Parker opened the meeting for business legally presented
to council. Councilman Brown moved to approve the request for a
minor subdivision by Donald Agnew. Councilman Locklear seconded.
Vote by Council unanimous.
Mr. Mitch Hendrix variance request tabled until June meeting.
Councilman Locklear moved to deny Mr. Allen Hendrix on his
variance for lot reduction size in the Fort Screven area.
Councilman Day seconded. Councilman Youmans said that there are 29
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lots at the present time, some might be substandard and if we do
not allow Mr. Hendrix to use land as he wishes then is the City of
Tybee Island responsible for compensation? Councilman Youmans had
a copy of a Supreme Court decision on property rights. Councilman
Day stated that he understood the concept of property rights, but
that Mr. Hendrix (1) knew the zoning when he purchased the land in
1981. Developing is a high risk business and that is why plans were
asked for. (2) Day expressed concern of precedents. (3) Fort
Screven historic area. Granting development diminishes quality of
life and safety, might endanger public safety. Councilman Solomon
said there are many substandard lots in the fort area and that 9000
square feet is adequate for a home. Councilman Williams said that
he wished he was a partner of Mr. Hendrix, that the land is very
valuable with 12,000 square feet lots. The vote by Council was 4 in
favor of denial, 2 opposed (Youmans, Solomon).
The Mayor said hearing no objection that the minutes of the April
8, 1993 council meeting stand approved.
Bills for the month of April are as follows:
General Government 54,759.69
Police 57,451.55
Fire 5,100.44
Public Works 37,146.55
Sanitation 22,174.89
Recreation 4,483.55
Lifeguards 855.76
Parking Services 7,384.63
Water 20,243.83
Sewer 28,713.29 Hearing no objection they stand
approved as read.
Mr. Paul Conners of MCI Communication presented Council with a
proposal for the city to switch their long distance telephone
service to MCI. Councilman Locklear said that he would like to
sleep on the proposal before making any decisions. The other
councilmembers agreed with Locklear.
Councilman Locklear moved to accept Mr. Carl Qualls bid for the
extension of the 10th Dune Crossover. Councilman Williams seconded.
After much discussion between council members Councilman Locklear
withdrew his motion until after the referendum on June 15th.
Councilman Youmans moved to waive the $200.00 deposit for the
Army to use North Beach for a party for about 200 people on May 29,
1993. Councilman Brown seconded. Vote by Council was unanimous.
Councilman Williams moved to accept the high bid for the North
Beach Concession Stand submitted by Terri and Jeff Yates of Beach
Creams. Councilman Day seconded. Councilman Locklear said he would
like to see a local get the concession stand. Vote was 5 in favor,
1 opposed (Locklear).
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Copies of the New School Agreement were handed out to the
Council, the agreement is in the hands of the School Board at the
present time.
Councilman Youmans moved to accept the estimate amount of
$114,000.00 for the repairs at the Waste Water Treatment Plant, and
this expense will be included in the future Bond Issue. Councilman
Locklear seconded. Vote by Council was unanimous.
The traffic light easement will be worked out by the City
Administrator and the City Attorney at a Monday meeting.
A letter from the Board of Elections of Chatham County was read
concerning the need for another polling location on Tybee Island.
The Community House has been offered as the second polling place.
Councilman Brown moved to adopt a Resolution on the Multi -
Jurisdictional Comprehensive Solid Waste Management Plan for
Chatham County. Councilman Day seconded. Vote by Council was
unanimous.
Councilman Williams moved to adopt a Resolution on the Unfunded
Federal Mandates, Councilman Brown seconded. Vote was unanimous by
Council.
Mayor Parker read two Proclamations honoring Nursing Home Week
and National Management Association.
Councilman Brown made a motion to accept Section 8- 4 -32(d) Off
Street Parking Commercial on its second reading. Councilman
Locklear seconded. Vote by Council was unanimous.
Councilman Locklear moved to accept Section 11 -2 -2 Complaint of
Nuisance: Hearing for a First reading. Councilman Day seconded.
After much discussion by Council it was agreed upon to table this
Ordinance.
As there was no further business, Mayor Parker aadjourned the
meeting.
ayor Walte W. Parker
Clerk of Council
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RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TYBEE ISLAND
(WATER AND SEWER SYSTEM CAPITAL IMPROVEMENT PROJECT -
REIMBURSEMENT RESOLUTION)
WHEREAS, the City Council of the City of Tybee Island (the
"City ") has previously determined and hereby determines that the
acquisition, construction and renovation of capital improvements
to its existing water and sewer system (the "Project "), is
necessary and desirable; and
WHEREAS, prior to the issuance of any bonds to finance all
or a portion of the costs of the Project, the City reasonably
expects to expend funds on the Project, which funds may be
reimbursed from bond proceeds; and
WHEREAS, this resolution is adopted by the City for the
purpose of declaring an official intent to reimburse expenditures
from bond proceeds and to designate its Mayor to make any
required declarations of official intent which may be hereafter
required with regard to the Project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Tybee Island as follows:
1. The City reasonably expects to reimburse planned
expenditures for the Project with proceeds of a tax - exempt
financing.
2. The City hereby expresses its declaration of official
intent pursuant to Treasury Regulations, Section 1.103 -18 to
reimburse expenditures made on the Project from the proceeds of
such tax - exempt borrowing. The maximum principal amount of such
financing is expected to be $4,000,000.
3. The Mayor of the City, with the advice of counsel, is
hereby authorized, directed and designated to act on behalf of
the City for the purpose of determining and itemizing all capital
expenditures for which the City reasonably expects to reimburse
itself in connection with the acquisition, construction and
renovation of the Project.
4. The City reasonably expects that any bonds or other
evidences of indebtedness for the Project will be executed and
delivered within one year from the later of (i) the expenditure
or payment for costs of the Project or (ii) the placing of the
Project in service.
5. This resolution shall become effective on the date of
its adoption.
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APPROVED AND ADOPTED this 13th day of May, 1993.
CITY OF TYBEE ISLAND
BY:
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CLERK'S CERTIFICATE
Now comes the undersigned Clerk of the City of Tybee Island
(the "City "), keeper of the records and seal thereof, and
certifies that the foregoing is a true and correct copy of a
resolution approved and adopted by the City in public meeting
properly and lawfully held and assembled on May 13, 1993, the
original of which resolution has been entered in the official
records of the City under my supervision and is in my official
possession, custody and control.
I :\W P Fl LE\PAT\B 0 N D S\TYB E E\R EI M B U RS.R ES
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erkj Cit of Tybee Island
R E S O L U T I O N
WHEREAS, the City of Tybee Island, Georgia, is included in the
Multi- Jurisdictional Comprehensive Solid Waste
Management Plan for Chatham County, Georgia; and
WHEREAS, the Coastal Georgia Regional Development Center has
reviewed the Multi - Jurisdictional Comprehensive Solid
Waste Management Plan for Chatham County, Georgia and
has found that the City of Tybee Island was included
and was in compliance with the Minimum Planning
Standards and Procedures for Solid Waste Management;
and
WHEREAS, the Georgia Department of Community Affairs has
completed its review of the Multi - Jurisdictional
Comprehensive Solid Waste Management Plan for Chatham
County, Georgia and has found that the City of Tybee
Island was included and was in compliance with the
Minimum Planning Standards and Procedures for Solid
Waste Management; and
WHEREAS, the Georgia Department of Community Affairs has
approved the Solid Waste Management Plan submitted by
the City of Tybee Island and has informed the City that
it can adopt the plan; and
NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the
City of Tybee Island, in open meeting, do hereby
officially adopt their Comprehensive Solid Waste
Management Plan, and
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the Chatham County- Savannah Metropolitan
Planning Commission and to the Coastal Georgia Regional,
Development Center.
Attest:
ADOPTED THIS 13TH DAY OF MAY, 1993.
Mayor Walter W. Parker
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RESOLUTION
WHEREAS, unfunded federal mandates on state and Local
governments have become increasingly extensive and expensive in
recent years; and
WHEREAS, in many instances such mandates have
undermined the abilities of local governments to achieve their
responsibilities under state and local laws and ordinances; and
WHEREAS, Congressman Gary A. Condit (D -CA) has
introduced H.R. 140, the Federal Mandate Relief Act of 1993; and
WHEREAS, This legislation would assure that the federal
government pays the total amount of direct costs incurred by
state and local governments in complying with certain
requirements which take effect on or after the date of enactment
of the Act under a Federal statute or regulation; and
WHEREAS, This legislation would provide that any
requirement under a federal statute or regulation that a state or
local government conduct an activity (including a requirement
that a government meet national standards in providing a service)
shall apply to the government only if all funds necessary to pay
the direct costs incurred are provided by the Federal Government.
NOW THEREFORE BE IT RESOLVED THAT THE MAYOR AND. COUNCIL OF THE
CITY OF TYBEE ISLAND SUPPORTS H.R. 140 AND GOES ON RECORD AS
ENDORSING THIS BILL AS INTRODUCED; AND BE IT FURTHER RESOLVED
THAT THE CITY REQUESTS IMMEDIATE PASSAGE OF THIS LEGISLATION.
MAYOR
THIS 13TH DAY OF MAY, 1993.
CLERK OF COUNCI
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P R O C L A M A T I O N
WHEREAS: The Tybee Island Community is blessed with two nursing
homes which provide a much - needed service to the
citizens of our community who reside there; and
WHEREAS:
WHEREAS:
The nursing homes serving this community are Oceanside
and Savannah Beach Nursing Homes; and
These nursing homes provide their residents with
recreational and other activities such as a picnic for
all the nursing homes and their residents during
Nursing Home Week.
NOW, THEREFORE, I, Walter W. Parker, Mayor of the City of Tybee
Island, in recognition of the nursing homes in our community and
the citizens of our community who reside there, do hereby
proclaim the week of May 3 through 7, 1993 as:
"NURSING HOME RESIDENTS WEEK"
on Tybee Island, and urge all citizens to be mindful of the
contributions of our nursing homes and their residents.
This 6th day of May, 1993.
Mayor Walter W. Parker
'tom-' ,: • _,
ip lerk,o Council
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PROCLAMATION
WHEREAS, The National Management Association, joining
with 27 co- sponsoring organizations, has established Management
Week in America, a special time to recognize the profession of
management and to appreciate the contribution of the millions of
American managers to the American Competitive Enterprise System;
and
WHEREAS, The Gulfstream Management Association, a
member of the National Management Association with over five
hundred local members, shares the goal of advocating sound
leadership and management practices on behalf of the broad
spectrum of businesses, industries and
public sector
organizations; and
WHEREAS, the Gulfstream Management Association devotes
itself to the success of our American free enterprise system,
using the talents and energies of their membership to ensure the
smooth operation of business, and to maintain high levels of
productivity; and
WHEREAS, the City of Tybee Island is proud to recognize
that the Gulfstream Management Association is the first local
chapter of the National Management Association; making
significant contributions to the improvement of leadership and
management and the promotion of business in our area; and,
WHEREAS, the Gulfstream Management Association also
contributes greatly to the opportunities for the youth of our
community by sponsoring many valuable career and educational
incentive projects throughout our school system and community;
NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE
ISLAND, GEORGIA, IN RECOGNITION AND SUPPORT OF THE VALUABLE
SERVICES PROVIDED TO ALL CITIZENS BY THE NATIONAL MANAGEMENT
ASSOCIATION AND ITS CHAPTERS, DO HEREBY PROCLAIM JUNE 1 - 4, 1993
AS NATIONAL MANAGEMENT WEEK IN TYBEE ISLAND, GEORGIA, AND URGE
ALL CITIZENS TO JOIN THE GULFSTREAM MANAGEMENT ASSOCIATION IN
PARTICIPATING IN THIS 15TH ANNUAL CELEBRATION OF MANAGEMENT WEEK
IN AMERICA.
THIS 2ND DAY OF JUNE, 1993.
MAYOR
CLERK OF COUNC
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STATE OF GEORGIA
COUNTY OF CHATHAM
)
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THIS AGREEMENT made and entered into this day of
May, 1993, by and among CHATHAM COUNTY, a political subdivision
of the State of Georgia, hereinafter referred to as "County "; THE
MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, a municipal
corporation chartered under the laws of the State of Georgia,
hereinafter referred to. as "Savannah "; and CITY OF TYBEE ISLAND,
a municipal corporation chartered under the laws of the State of
Georgia, hereinafter referred to as "Tybee."
W I T N E S S E T H:
WHEREAS, the Constitution of the State of Georgia of 1983
in Article IX, Section III, Paragraph 1, "Intergovernmental
Contracts," provides in part that counties and municipalities of
the State of Georgia may contract with one another for the
provision of services for any period not exceeding fifty (50)
years; and,
WHEREAS, under the authority of O.C.G.A. § 48 -8 -110 et
seq., the Board of Commissioners of Chatham County ( "Commission ")
has the authority to call for a referendum approval within the
County of a special sales and use tax for a limited period of
time to be at the rate of one percent; and,
WHEREAS, the Commission, having voted to seek a special
purpose County sales and use tax, passed a resolution on May 7,
1993, calling for the imposition of such for the benefit of the
citizens of the entire County; and,
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WHEREAS, some of the purposes outlined in said resolution
are for drainage projects consisting of capital outlay projects
which will serve to improve drainage for major problem areas
throughout the County and to provide community improvements,
authorized under law through an interlocal agreement and based on
a projected amount of total funds of Nine Million Three Hundred
Thousand Dollars ($9,300,000) to be shared by all municipalities
and the unincorporated area; and
WHEREAS, under the terms of the resolution adopted by the
Commission, it is provided that on June 15, 1993, an election
will be held throughout the County for all qualified voters to
determine whether or not a special purpose County sales and use
tax will be imposed; and
WHEREAS, at said election, if more than one -half of the
votes are in favor of the imposition of said tax, the tax shall
be imposed for all purposes stated beginning October 1, 1993.
Otherwise, the tax shall not be imposed; and this agreement shall
be null and void as of June 16, 1993; and
WHEREAS, O.C.G.A. § 48- 8- 111(a)(1)(d) provides that
proceeds imposed and realized from imposition of a one percent
sales tax may be used for a capital outlay project or projects,
to be owned or operated or both either by the County, one or more
municipalities or any combination thereof, with respect to which
the County has, prior to the call of the election, entered into a
contract or agreement as authorized by Article IX, Section III,
of the Constitution, with one or more municipalities in the
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County which municipality or municipalities contain more than
one -half of the aggregate population of all municipalities within
the County; and, for purposes of determining the population of a
municipality under this subparagraph, only that portion of the
population of each municipality which is within the County shall
be included; and,
WHEREAS, Savannah contains more than one -half of the
aggregate population of all municipalities within the County;
and,
WHEREAS, the County, Savannah and Tybee wish to enter this
agreement to provide for the use of certain of the proceeds of
the one percent sales tax to be imposed and collected after
September 30, 1993, for the purpose of the capital outlay project
or projects to be known as the upgrading of drainage systems and
recreational and utility facilities within Tybee; and,
WHEREAS, Tybee agrees to comply with all provisions of
O.C.G.A. § 48 -8 -110 et seq. for the use of sales tax proceeds,
including the required schedule for annual audit and a
prohibition against commingling of funds; and,
WHEREAS, it is in the best interest of the citizens of the
County and the municipalities executing this agreement that this
agreement be consummated and that such commitments be made.
NOW THEREFORE, for and in consideration of the mutual
covenants hereby made, the parties do hereby agree as follows:
1. The County agrees that it will transfer to Tybee the
sum of Three Hundred Fifty -five Thousand Nine Hundred Sixty -two
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Dollars ($355,962), one -half of said funds to be disbursed in
April 1994 with the remaining funds disbursed in January 1995, to
be used by Tybee for a capital outlay project or projects
consisting of drainage improvements and recreational and utility
facilities within the corporate limits of Tybee. Disbursements
are subject to funds being received from the Department of
Revenue.
2. Tybee agrees that it will own and operate all the
drainage improvements and the capital outlay projects within the
corporate limits of Tybee.
3. Savannah joins in this agreement as the municipality
in the County which contains more than one -half of the aggregate
population of all municipalities within the County, and Savannah
will receive no funds under this agreement for any purpose nor
will Savannah have any obligation for the management, operation
or ownership of said capital outlay projects.
4. Upon the County transferring said funds to Tybee, the
County shall have no responsibility for the ownership, operation
or construction of any of said capital outlay projects within the
corporate limits of Tybee.
5. Tybee agrees that the project or projects involving
drainage, recreation and utilities within its corporate limits
will consist of a capital outlay project or projects and will be
for the purpose of improving the drainage, recreation and
utilities for the citizens of Tybee.
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6. This agreement among the County, Savannah and Tybee
shall be the entire agreement among the parties; and no party
hereto may transfer or assign in whole or in part any part or
portion of this agreement.
IN WITNESS WHEREOF, said parties have hereunto set their
hands and affixed their seals the day and year first above
written.
ATTEST:
ATTEST:
ATTEST:
CHATHAM COUNTY
CITY OF SAVANNAH
at,co€6;?-z,
Arthur A. Mendonsa
City Manager
Cle
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Dyan
C. Rees
of Council
CITY OF TYBEE ISLAND
ter W. Parker
Mayor
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Q.(b)1/3-EA_TIJ
cqu)yn R. J Brown
erk of Council