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HomeMy Public PortalAbout19930610CCMeeting1 1 1993- 06 -10. City Council Minutes,06 /93 The Tybee Island City Council held its regularly monthly meeting on Thursday, June 10, 1993, in the City Hall. Mayor Pro Tem Jack Youmans presided as Mayor Walter W. Parker was out of town. The following members of Council were present: Christopher P. Solomon, James P. Locklear, C. Ansley Williams, C. Burke Day, and Jimmy Brown. City Attorney Edward Hughes was present to represent the city in legal matters. Councilman Burke Day gave the Invocation which was followed with the Pledge of Allegiance. Mayor Pro Tem Youmans asked Mr. Brian Anderson to step forward and accept an award from the City in honor of his achievement in the Botany Science Award sponsored by the UGA. Ms. Linda Odum asked permission of Council to hold the 4th of July Fireworks on July 3rd at 9:30 p.m. on the beach in the 16th Street area. The Chamber already has a contract with Mac McKenzie. Councilman Day questioned how many people where expected to attend the event. Ms. Odum said that she would get the figures from last years event for Councilman Day. Pro Tem Youmans asked about the permit from Probate Court. Ms. Odum said that it was done. Suzanne Beal requested permission to hold the Tybrisa Ball on July 31st in the same place as last year. The city can charge $3.00 a car for parking in the 14th Street Lot to make up for the lost revenue for the two days the tent will be in place. Councilman Locklear questioned if decals would be honored. Councilman Brown said that the lot would be handled in the usual manner. Contract with the tent people is that it will be down by 10 a.m. Sunday morning or that they will pay $5.00 for every space that is not useable for parking. Lifeguard competition to be held 1 p.m. July 31st. Kites and Kastles to be held August 1st on the North Beach. Councilman Williams asked if any refreshments would be served. Ms. Beal said that the Chamber has talked with the North Beach Concession Beach Creams and that they have no problem with the chamber selling cold drinks and hot dogs. Councilman Locklear asked about the renourishment. Mrs. Rowena Fripp stated that the state has promised not to close off over 1000 yards at a time. John Callen asked that the Council consider allowing a 10K Race on July 31. About 200 to 250 runners are expected to attend. The Race would start at 8:30 a.m. in the parking area around the lighthouse and go around the island. The race should last about 2 hours. Would like officers to help with traffic. The awards ceremony will be held at Spanky's. Councilman Day said that he wants the runners to sign a hold harmless agreement to protect the city. Mitch Hendrix asked that the city sell him a portion of Miller 1 1 Avenue, an unused street for the amount of $350.00. Mr. Bill Walsh stated that he was present to oppose the Lot Reduction Variance that Mr. Hendrix requested in order to build a duplex on his lot located at 1003 Miller Avenue. Mr. Walsh said that if the street Mr. Hendrix wants to purchase is Miller Avenue, he uses that street every day. Mr. Walsh said that Mr. Rusty Fleetwood was out of town and would like his letter opposing the variance read into the minutes. No hardship is shown, parking is main concern, street is very narrow, not enough square footage for a duplex. Mr. Charlie Brown said that the area has been single family since 1957, no room for parking, shy of what is needed by ordinance, would welcome Mr. Hendrix and his family to the neighborhood, but does not want people moving in and out all the time. Mr. Michael Bernstein said that Mr. Kent Brooks was given a variance with a provision that a fire sprinkler system be installed. He noted that he has asked Mr. Chris Case for a letter stating that the system is in place at least two months ago, again this past Friday in the company of Mrs. Fripp and Councilman Day. Mayor Pro Tem Youmans said that he would see that Mr. Bernstein has a letter within a week and find out why it has taken so long. Ms. Kathy Williams of the Tybee Olympic Beautification Sign Committee said that the committee was currently working on a sign ordinance but signs are going up faster than committee can work. The committee is not opposed to advertising signs, but are opposed to the number and size of the signs and would like the City to pass a 90 -day moratorium to prohibit any more signs. Councilman Williams asked if this would be legal. City Attorney answered it would be discretionary. Are there any permits pending? City Marshal stated no. Pro Tem Youmans opened the Public Hearing for O'Meara at 1619 Chatham for a minor subdivision. No public comment for or against. Mr. Tom Waters represented the O'Meara's. Councilman Solomon said he would like to see some sort of assurance that no further subdivision is planned for this land. Mr. Waters stated he could not answer for the property owners but that the road to the house under construction is located in the middle of the land. Planning Commission recommendation was unanimous for approval. Bert Barrett, Jr. said that additional information was added to the plot and turned in to city hall this morning. The public hearing was closed. Pro Tem Youmans opened the Public Hearing for Dale Johnson at 1206 Butler for as Minor Subdivision of a duplex. Mr. Johnson said that he wanted to subdivide in order to sell. There was no public comment for or against. Planning Commission recommended to deny the request. Mayor Pro Tem Youmans closed the public hearing. As there was no one else to come before Council, Mayor Pro Tem -2 1 Youmans opened the meeting for business legally presented to Council. Councilman Brown moved that the city grant permission for the Fireworks on July 3rd in the 16th Street beach area. Councilman Williams seconded. Vote by Council was unanimous. Councilman Brown motioned to grant the Maritime Festival Tybrisa Ball, Councilman Day seconded. Vote by Council unanimous. Mitch Hendrix explained his request for a variance on lot size for building a duplex. He stated that he came to city hall to find out if this lot was in a R -2 Zone. He was told that area was zoned for duplex. He said that he is 150 square feet short of having enough property for a duplex. Mr. Bill Walsh and Mr. Charlie Brown spoke against the variance. Letter from Mr. Rusty Fleetwood, Tony and Joan Heidt, Martha Walsh were read into the minutes opposing the variance. Councilman Brown asked if he knew the lot was 60 by 100 at closing. Mr. Hendrix answered he only knew it was zoned R -2. City Marshal Case said that the tax maps are all clearly marked with the dimensions. Councilman Brown moved to deny the request for variance, with Councilman Williams seconding. Vote by Council was unanimous. Councilman Brown moved to deny the request for the purchase of a portion of Miller Avenue. Councilman Day seconded. Vote by Council was 4 in favor of denial, 1 opposed (Williams). Councilman Brown moved to approve minor subdivision for Mr. O'Meara at 1619 Chatham Avenue. Councilman Williams seconded. Councilman Solomon said the only problem he has is that it leaves enough land to be subdivided again and would like to see some kind of safeguard against further subdivision at this location. Vote by Council 4 in favor, 1 opposed (Locklear). Councilman Brown said that the city needs to get busy with amending the subdivision ordinances. Councilman Solomon asked that the minor subdivision ordinance be sent to the Planning Commission for study. Councilman Williams made a motion to table the Dale Johnson request for a minor subdivision of a duplex for 30 days. Councilman Brown seconded. Vote by Council was unanimous. The following events were approved by a unanimous vote by Council. Lifeguard competition - Councilman Locklear motioned, Councilman Williams seconded; 10 K Race - Councilman Day motioned, Councilman Brown seconded, Councilman Day asked that a Hold Harmless agreement be signed by all runners; Kites /Kastles - Councilman Williams motioned, Councilman Day seconded. Councilman Williams moved to approved a 90 -day moratorium to prohibit any new signs. Councilman Locklear seconded. Councilman Solomon said we are not enforcing the sign ordinance we have in the code. The problem is with education. The 93 season has just begun for merchants. Ms. Kathy Williams said that the committee has asked that the present ordinance be enforced. Committee members rode the island with Angela Byers, and made a list for letters to be sent to those in violation of the sign ordinance. No letters were mailed out. Councilman Williams withdrew his motion. Councilman Locklear made the same motion as Williams, with Councilman Day seconding. - 3 1 1 1 Vote by Council 2 in favor, 3 opposed (Brown, Williams Solomon). Councilman Brown moved to approve the minutes for May 93. Councilman Williams seconded. Vote by Council unanimous. Councilman Brown motioned to approve the following bills for the month of May as read, Councilman Locklear seconded. Vote by Council unanimous. General Government 48,508.10 Police 57,855.30 Fire 19,476.74 (14,285. Pumper Refurbish) Public Works 35,289.23 Sanitation 20,848.53 Recreation 4,317.68 Lifeguard 3,189.80 Parking 9,795.20 Water 20,592.45 Sewer 119,745.25 Councilman Williams moved to accept the low bid from Atlantic Marine in the amount of $137,483.00 for the construction of the Tybee Creek Fishing Pier. Councilman Day seconded. Vote by Council was unanimous. Georgia Department of Natural Resources will pay $118,000 towards construction, Representative Eric Johnson said he can get an additional $10,000.00, and the City of Tybee Island will charge $9,483.00 to Line Item 106064.6122 Beach Renourishment. Councilman Day moved to deny the request for a Liquor License for Beach Creams. Councilman Brown seconded. Vote by Council was unanimous. Councilman Brown moved to approve the request for a Beer and Wine License for Beach Creams. Councilman Day seconded. Vote was unanimous. Councilman Brown moved to approve a request from the Second Squadron 4th Cavalry for North Beach with no grills or bonfires on the beach. Councilman Locklear seconded but added an amendment to allow grills on the beach supervised by Councilman Solomon and himself. Vote on amendment was 3 in favor, 2 opposed (Brown, Day). Vote on the motion to allow party was unanimous by Council. Councilman Brown made the same motion as above for the Kentucky Fried Chicken request for a party on North Beach. Councilman Williams seconded. Councilman Locklear made the same amendment as above. Vote on the amendment was 2 in favor, 2 opposed (Brown, Day), and 1 abstention (Solomon). Mayor Pro Tem Youmans broke the tie to allow grills on beach. Vote on the main motion was unanimous. Councilman Locklear moved to purchase a trash compactor from Waste Management not to exceed $15,000.00 to be charged to Line item 1060280. Councilman Solomon seconded. Vote by Council was - 4 1 1 unanimous. Three letters were read at Council: Waste Management - cost increase of $.34 per month, per cart effective June 1, 1993; Congressman John Linder supporting our resolution on unfunded mandates; Federal Emergency Management Agency concerning our Flood Insurance rating from ISO. Mrs. Fripp said that City Marshal Chris Case had worked very hard on this project and that our city has a FEMA rating of 9. Both the Resolution on the Compliance Maintenance for Water /Sewer and the Water /Sewer Sewage Plant wall for the Bond Issue passed unanimously by Council. Councilman Williams moved to table code section 11 -2 -2 Complaint of Nuisance; Hearing. Councilman Brown seconded. Vote was unanimous by Council. Councilman Williams moved to adjourn as there was no further to come before Council. A grievance Hearing was held at the request of Officer Jimmy Todd immediately following the regular Council meeting. A court recorder was retained to record the meeting. At 12:40 a.m. the Council went into executive session to discuss and deliberate all the evidence presented by both sides. Solomon - What is this appeal all about? City Attorney - 2 day suspension. Chief Price has also asked for termination of Todd for insubordination towards superiors. Solomon said a mistake was made, but should it cost Todd his career? Chief Price said yes, offered Todd 10 days pay with resignation but Todd would not accept terms. Chief Price stated that his certification with State would not be pulled. Council reconvened with all members present. Councilman Williams move to endorse Chief Price's actions and recommendations. Councilman Day seconded. Vote by Council was unanimous. Councilman Brown motioned to adjourn. Councilman Williams seconded. Vote was unanimous. Clerk of Council Mayor Walter W. Parker 5 1 COMPLIANCE MAINTENANCE RESOLUTION RESOLVED thatthe (City RimEW Tybee Island informs the Georgia Department of Natural Resources Environmental Protection Division that the following actions were taken by (governing body) City Council 1.Reviewed the Compliance Maintenance Annual Report which is attached to this resolution. 2.Set forth the following actions necessary to maintain effluent requirements contained in the NPDES Permit: (a) (b) (c) (d) Passed by a (mail jrjjt ) (unanimous) vote of the Tybee Island City Council at its regularly monthly mppting on (date). .T„r. 10, 1993 iy, erk CONTRACT THIS AGREEMENT is made and entered into this day of , 1993, by and between the City of Tybee Island, Georgia, whose address is 401 Butler Avenue, Tybee Island, Georgia 31328 -0128 (hereafter referred to as "CITY OF TYBEE ISLAND ") and the GEORGIA DEPARTMENT OF NATURAL RESOURCES whose business address is Suite 1252, Floyd Towers East, 205 Butler Street, S.E., Atlanta, Georgia 30334 (hereafter referred to as "DEPARTMENT'). WITNESSETH THAT WHEREAS, there is a demonstrated interest and need for additional non - boating access at Tybee Island, Georgia to estuarine waters for recreational fishing purposes; and WHEREAS, it is considered that non - boating recreational fishing opportunities at Tybee Island, Georgia can be most effectively increased by the construction and operation of additional public fishing platforms through cooperative efforts of the DEPARTMENT and CITY OF TYBEE ISLAND; and WHEREAS, the DEPARTMENT and CITY OF TYBEE ISLAND have agreed upon the construction plans for a fishing pier on Tybee Creek at Alley Way Number Two as designed by EMC Engineering Services, Inc. of Savannah, Georgia and dated May, 1993; and WHEREAS, the DEPARTMENT, with the concurrence of the CITY OF TYBEE ISLAND, has decided to accept the bid of one hundred thirty seven thousand four hundred eighty three dollars ($137,483) by Atlantic Marine Construction Co. Inc. of Beaufort, South Carolina (hereafter referred to as "CONTRACTOR ") to construct the Tybee Creek Fishing Pier, hereafter sometimes referred to as "the project ". NOW THEREFORE, this Agreement is made and entered into, the parties hereto mutually covenanting and agreeing as follows: (a) The DEPARTMENT hereby agrees to enter into a contract for the construction of the Tybee Creek Fishing Pier with the CONTRACTOR for the full total sum of one hundred thirty seven thousand four hundred eighty three dollars ($137,483). 1 (b) CITY OF TYBEE ISLAND agrees to pay the DEPARTMENT a sum total of nineteen thousand four hundred eighty three dollars ($19,483) as its share of the project. (c) The share of the CITY OF TYBEE ISLAND shall be due and payable to the DEPARTMENT on or before `711 30 , 199 . (d) This Agreement contains the entire understanding and agreement between the parties. It shall not be modified or amended in any way except by a written agreement executed by both parties. The parties further agree that this Agreement will be governed by the laws of the State of Georgia. SO AGREED, this day of , 1993. Georgia Department of Natural Resources By: Witness ) 0, . By: `$__. • Witness City of Tybee Island, Georgia (L.S.) STATE PROPERTIES COMMISSION P.O. Box 38121 • Capitol Hill Station, Atlanta, Georgia 30334 J. Ray Crawford, Jr. Executive Director One Martin Luther King Jr. Dr., S.W., Suite 204 Atlanta, Georgia 30334 404 -656 -5602 May 12, 1993 Ms. Rowena B. Fripp Administrator, City of Tybee Island 401 Butler Avenue P. 0. Box 128 Tybee Island, Georgia 31328 Dear Ms. Fripp: You will find enclosed a certified copy of Resolu- tion Act 7 (SR 121) of the 1993 General Assembly which grants the necessary property rights to the City of Tybee Island to use Corps of Engineers dredge material to renourish sections of the Tybee Island Beach. Please have this document recorded with the Clerk of Superior Court of Chatham County and return a copy to our office which contains the recording information. Also, return to the State the consideration as set out in the Resolution Act of $650, made payable to the State of Georgia. If you have any questions or need additional information, please don't hesitate to call. Sin ly, Sin d lden eputy Executive Director RB :ab Enclosure STATE PROPERECORDED RTIES COMMISSION MAY 1 1 1993 PROPERTY RECORDS 008296 J ; t /gaz Cal ra, Yeciedaite, cPatez& Va& Ai& a� ��i C'E'dA dial the eight pages of photographed matter hereto attached contain a true and correct copy of a Resolution Act approved by the Governor on April 13, 1993 numbered Resolution Act Number 7 (S.R. 121) and entitled: "A Resolution Granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date; and for other purposes "; all as the same appear of file and record in this ' y -- -- =Nom-- ---- -= -PIN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 22nalay of April One Thousand Nine Hundred and ,in the year of our Lord Ninety —three and of the Independence of the United States of America the Two Hundred and Seventeenth. SECRETARY OF STATE. on 0) RECORDED STATE PROPERTIES COMMISSION MO 1 1 1993 ENROLLMENT REAL PROPERTY RECOLM No. 195 008296 The Committee of the Senate on Enrolling and Jour- nals has examined the within and finds the same properl nrolled. Chairman President of the Senate Secretary of the Senate Secretary, Executive Department This IPtlay of LA -PM-j 19 Approved Govemor da Of day of f 1 aeS' 21 Act No. O nnrut AssexntTig A RESOLUTION Granting a nonexclusive easement for plan: construction, installation, operation, raainten repair, and renourishment of a certain beach area in, on, over, under, upon, across, or thro- property owned or claimed by the State of Georgia in Chatham County, Georgia; to prop for related matters; to provide an effective date; and for other purposes. Read 1st time Read 2nd time Read 3rd time And Yeas 54 IN SENATE Feb. Feb. Feb. 3, 1993 5, 1993 8, 1993 Adopted Nays 1 '.,t r t2 � Secretary uth&Senate Read 1st time Read 2nd time Read 3rd time And Yeas 146 Adopted Both Houses 3/5/93 IN HOUSE Feb. 9, 1993 Feb. 10, 1993 Feb. 26, 1993 Adopted Nays 1 Clerk ( the House By: Senators Coleman of the 1st and Allen of the 2nd A RESOLUTION Granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain portion of real property located along the east shoreline of Tybee Island, beginning at the north terminal groin (Tybee Light House) and extending to an area just south of the southern end of the island and is more particularly shown on a depiction of the area prepared by the U.S. Army Corps of Engineers on file in the offices of the State Properties Commission; and WHEREAS, the City of Tybee Island is planning to renourish portions of the above- mentioned state owned or claimed beach area, as described above; and WHEREAS, the improvement of this above- described state owned property would be beneficial to the State of Georgia and public interests. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: S. R. 121 - 1 - • 1 Section 1. That the State of Georgia is•the owner of the above- described real property, referred to in this resolution as the "easement area." Section 2. That the State of Georgia hereby grants to the City of Tybee Island and its successors and assigns, without need of further act or instrument, a nonexclusive easement for the planning, construction, installation, operation, maintenance, repair, and renourishment of a beach renourishment area in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, installing, operating, maintaining, repairing, and renourishing a beach area, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on the eastern shoreline of Tybee Island, Chatham County, Georgia, more particularly described above. Section 3. That the above- described premises shall be used solely for the purpose of planning, constructing, installing, operating, maintaining, repairing, and renourishing said beach renourishment area. Section 4. That no title is conveyed to the City of Tybee Island and, except as specifically granted to the City of Tybee Island in this Resolution Act, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Tybee Island. S. R. 121 - 2 - 1 Section 5. That in the event that the. easement area shall not be maintained for the purposes herein granted for a period of three consecutive months, then the City of Tybee Island, following service of a written notice from the Georgia Department of Nat::ra1 Resources to cease its use of the facilities (said notice to constitute a termination of this easement), shall have no further rights, title, or interest in or to the beach renourishment area. Following said termination of this easement, at the Department of Natural Resources' request, the City of Tybee Island, pursuant to a proper resolution, shall properly execute and deliver to the State of Georgia for recording in the real property records in the office of the clerk of the Superior Court of Chatham County, Georgia, an affidavit, by a proper official, affecting title, acknowledging said termination, and evidencing for public records that the City of Tybee Island no longer has any rights, title, and interest in and to the said beach renourishment area. Section 6. That the City of Tybee Island shall be solely responsible for constructing, operating, repairing, and maintaining the beach renourishment area in a safe and proper manner. The State of Georgia shall have no duties or responsibilities for constructing, operating, repairing, maintaining, or supervising the beach renourishment. Section 7. That the City of Tybee Island will, and will require that its contractors will, indemnify and hold the State of Georgia, its officers, agents, servants, employees, departments, agencies, commissions, and authorities harmless from any and all liabilities due to the S. R. 121 - 3 - construction and operation of the beach renourishment authorized in this resolution. Section 8. That the consideration for this easement shall be $650.00 made payable to the State of Georgia and delivered to the director of the Fiscal Division of the Department of Administrative Services and the mutual benefit to the parties from the construction, operation, and maintenance of said beach renourishment program. Section 9. That all notices hereunder, given by either party to the other, shall be in writing and sent by United States certified mail, postage prepaid, marked "show to whom, date, and address of delivery" to the party to be notified at such address as will be provided by the parties. The day upon which any such notice is mailed shall be the date of service. Either party may from time to time by notice to the other designate a different address to which notices shall be sent. Section 10. That all time limits stated herein are of the essence of this easement. Section 11. That the City of Tybee Island shall not assign this easement, or any interests herein, without the written consent of the State of Georgia, acting by and through the commissioner of natural resources, first having been obtained. The State of Georgia, acting by and through the commissioner of natural resources, in its sole discretion, may withhold or refuse to give its consent to any proposed assignment and to any proposed use or occupancy by any party other than the City of Tybee Island. Any S. R. 121 - 4 - 1 of all state environmental and natural resources laws administered or enforced by the Georgia Department of Natural Resources or its successor and with all applicable policies of the Georgia Shore Protection Committee and Coastal Marshlands Protection Committee or their successors; and (b). subject to all regulations which may be lawfully adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia. Nothing herein shall be deemed to restrict the power of the State of Georgia or its agencies or political subdivisions to enforce all applicable provisions of law and all applicable regulations including local zoning powers. It is specifically provided that the Georgia Department of Natural Resources shall have the right and authority to inspect any portion of the dredging or renourishment operation during reasonable hours without giving prior notice. Section 14. That any taking, use, or disposition of any sand by the City of Tybee Island in contravention of any existing or future Act of the General Assembly of Georgia or of the Congress of the United States, or any existing or future regulation adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia or Congress of the United States, including, but not limited to, Article 2 of Chapter 5 of Title 12 of the O.C.G.A., the "Georgia Water Quality Control Act," as amended; Part 3 of Article 2 of Chapter 4 of Title 12 of the O.C.G.A., the "Georgia Surface Mining Act of 1968," as amended; Part 2 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the "Shore Protection Act," as amended; and Part 4 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the "Coastal Marshlands Protection Act of 1970," S. R. 121 - 6 - as amended, if applicable, or in contravention of any permit issued to the City of Tybee Island pursuant to any of the aforesaid Acts, statutes, or laws shall render this easement null and void. Section 15. That this grant of easement shall be recorded by the City of Tybee Island in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. Section 16. That the City of Tybee Island shall have and hold the premises so long as the premises are used for the purposes and in accordance with the terms and conditions herein set forth, or until terminated by the Georgia General Assembly, and without warranty of any type, kind, or nature whatsoever. Section 17. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 18. That all laws and parts of laws in conflict with this resolution are repealed. S. R. 121 - 7 -