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HomeMy Public PortalAbout19931209CCMeeting1 1 1 1993- 12 -09. Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, December 9, 1993 at 7:30 P.M. in the City Hall Auditorium with Mayor Walter W. 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 give legal advice. Mayor Parker asked Mayor Elect James P. Locklear to give the Invocation to be followed by the Pledge of Allegiance. Mayor Parker said this was a special meeting for me and some of the Council as it is our last meeting. At this time Mayor Parker said he would like to thank some people who have served the city throughout the years. The mayor asked Thomas J. Mahoney, Jr. former City Attorney to come forward and accept a small token of our appreciation for everything that he has done for the City for the ten years of service to the city. Mr. Mahoney said he believes this is the first time that he has been on the outside of the council table, he said it was very sad to leave friends and citizens of Tybee and that the plaque was quite a surprise. Mayor Parker asked the council to stand, he said that they have done an outstanding job for the past two years and that this council has been the most productive ever to serve. The Mayor then thanked the City Hall staff. Councilman Williams made a statement that the toughest job held for the past two years was that of the Mayor because he had to put up with the Council and the staff. Councilman Williams presented Mayor Parker with a plaque. Councilman Day said he could not be upstaged by any of these guys and he presented Walter with a present that when opened turned out to be a brass mantel clock with an inscription on the back. Mayor Parker thanked all of Council. The first visitor to appear before Council was Chatham County Commissioner Frank Murray. Mr. Murray said that he was the chairman of the pier /pavilion committee and he explained the process stating that at the commission meeting this past Friday that there was a setback of two weeks on the project. Mr. Pat Monahan, of the County Administrator's office, stated the three part criteria for the Pier /Pavilion process. 1.) Request for proposal; 2.) Authority; 3.) Management, nothing has been decided yet. Mr. Manohan will oversee the architect, approximately 21 months from start to finish, early 1996. Before anything can progress there will have to be a lease between the City and County, and this will need Council action. The lease is now being reviewed by the county attorney, a copy will be sent to the city attorney within the next couple of days for his review. 5 1 1 1 Mr. John Jarvis told the Mayor and Council his views on the 1% Special Sales Tax, the proposed Trade Center, the CAT millage rate that the county wants to place on the citizens. Mayor Parker said that the County Commission is asking for a Public Hearing for citizens input on the CAT tax. Mr. James Mauldin asked council again for permission to go house to house in order to promote Schwann's products. Mr. Bert Barrett, Jr. asked Council to extend the current Planning Commission members who are scheduled to expire December 30, 1993 until January 31, 1994. He also stated that he is against reducing the board from 9 to 7. Mr. Barrett said the people on the board are some of the finest people to serve so far. Mr Jack Boylston asked for council permission to hold the 8th annual Beach Bums Parade May 20th and Festival on May 21st, 1994. Mr. Boylston said he is concerned about the water balloons that are popular during the parade and plans to work closely with the police. Mr. Ted Solomon said that he was elected Chairman of the 94 Veteran Council and wants to thank Tybee Island for all the support they have given the veterans. Mayor Parker opened the public hearing for a petition made by Dale Johnson of #8 - 10 12th Terrace for a minor subdivision of a duplex. Mr. Jonson spoke on behalf of his petition. No one spoke for or against. Planning Commission recommended to approve. Mayor Parker closed the hearing and opened the public hearing on #65 & 67 Captain View made by Mr. Rick Hogan for a minor subdivision of a duplex. Mr. Hogan said it is the same request as Mr. Johnson. No one spoke for or against the petition. Mayor Parker closed the hearing and opened the public hearing on Reardon at # lA 6th Place. Mr. Thomas Mahoney represented Mr. Reardon in the petition explaining the property is east of Butler avenue, already zoned R- 2, there would be one single family residence on one lot and the other will have a duplex. Planning Commission recommended approval. Councilman Locklear asked if there was going to be any improvement to the road? Mr. Mahoney said that the road has been studied to see if it could be widened but there is no way unless you condemn the property up to the Reardon property. The Reardon's plan to have off street parking. No one spoke for or against the petition. Bert Barrett, Jr. said that the Planning Commission requested right -of- way to private access. Mr. Mahoney said this is shown on the new plat. Mayor Parker closed the hearing. The Mayor asked if anyone was present to speak in favor for or against the Zoning Map Amendment petitioned by Martha Hendrick that has been postponed by the owners request. 1 1 1 Mayor Parker opened the Public Hearing on the 1994 F/Y Budget. Councilman Williams yielded to Mayor -Elect Pat Locklear to make the proposal to council. Councilman Locklear stated that the Revenue and Expenditures for the General Fund were in the amount of $2,698,180.00 and for the Water /Sewer in the amount of $831,685.00. Councilman Locklear said that the budget has been worked on for over three months and were there any questions from Council or from the citizens at this time? Councilman Williams announced that a Special Council meeting has been advertised for Thursday, December 16th at 10 A.M. in order to adopt the 94 Budget and for Council to set the millage rate for 93. Mayor Parker said that the city was in great financial shape. Mayor Parker closed the public hearing. Mayor Parker opened the meeting for business legally presented to Council. Councilman Brown moved to approve Mr. Dale Johnson for his minor subdivision. Councilman Day seconded. Vote by Council was unanimous. Councilman Brown moved to approve Mr. Rick Hogan for his minor subdivision. Councilman Day seconded. Vote by Council was unanimous. Councilman Youmans moved to approve Mrs. Martha Reardon for a minor subdivision. Councilman Solomon seconded. Vote by Council was unanimous. Minutes for the November 11, 1993 council meeting were approved as read and presented. Bills for the month of November were read by the Chairman of each committee stating that he has review the bill, found them in order and recommends they be paid as follow: General Government 78,051.40 Councilman Williams stated that $33,132.73 was Beach Renourishment for the Olsen Contract. Councilman Youmans said he understands that all this money would come out of the one million that the Governor. Mayor Parker said it probably will but the bills need to be paid now. Police 50,760.63 Fire 3,288.47 Councilman Solomon said that Chief Brown has done a great job as chief and is a fine manager. Mayor Parker agrees. Public Works 36,641.08 Sanitation 23,743.42 Recreation /Parking Lifeguards 9,280.81 Water 14,863.11 Sewer 44,930.57 Interim City Marshal Frank Neal gave a presentation on the garbage study that was requested by Mayor Parker. 1 1 1 Councilman Williams said that the Finance gave no formal recommendation on updating the business licenses. Councilman Locklear said that the business licenses have not been looked at for over four years. Councilman Locklear moved to approve the list of changes presented to council. This motion died for a lack of a second. Councilman Locklear moved to extend the terms of the Planning Commissioners until January 31, 1994. Councilman Day seconded. Councilman Solomon asked if two members have resigned already? Councilman Locklear answered yes. Vote by Council was unanimous. Councilman Youmans moved to approve the Kittens' Korner alcohol beverage license transfer from Nick Alexander to Creasy /Motes. Councilman Solomon seconded. Vote by council was five (5) in favor; one (1) opposed. The recreation study for the island was put off until the newly elected officials take office in January. Councilman Solomon moved to approve bonuses for the Fire Dept. personnel with $2650.00 coming form the department budget and the remainder from some other source. Councilman Williams seconded. Vote by Council unanimous. Councilman Youmans moved to approve the request from Schwann's to go door to door in order to make the citizens aware of their products. Councilman Solomon seconded. Vote by Council was 4 in favor; 2 opposed (Locklear, Day). Councilman Youmans moved to approve the dates June 24 and 25, 1994 requested by the Chamber for the Beach Music Festival. Councilman Locklear seconded. Vote by Council was unanimous. Councilman Locklear moved to approve July 3, 1994 for the Fireworks by the Chamber. Councilman Day seconded. Vote by Council was unanimous. Councilman Solomon moved to approve the permit for the Beach Bums Parade on May 20, 1994. Councilman Day seconded. Vote by Council was unanimous. Councilman Day moved to apply for a DNR permit for Polk Street as requested by Mr. Shel Solomon, acting for the owners. Councilman Williams seconded. Councilman Youmans said that we will need specs to turn in to DNR when applying for the permit. Vote by Council was three (3) in favor; three (3) opposed (Locklear, Youmans, Brown). Mayor Parker broke the tie by voting in favor. 1 1 City Attorney Edward Hughes said that the Scarbrough ante litem has been turned over to the insurance company. Councilman Youmans moved to stay out of the disparity study being proposed by Chatham County. Councilman Day seconded. Vote by Council was unanimous. Councilman Williams moved to sign the agreement between DNR and Tybee Island for the permit for groins construction on the beach. Councilman Day seconded. Vote by Council was unanimous. Councilman Williams moved that a Public Hearing on CAT will be held in January. Councilman Brown seconded. Vote by Council was unanimous. Councilman Brown asked that his vote on the Firemen bonus be change from approving to abstaining. City Attorney said this was legal. Councilman Youmans moved to accept Section 8 -1 -3 Planning Commission - Membership for its first reading. Councilman Solomon seconded. Jim Kluttz, Bert Barrett, Jr, Katrina Hughes all favor leaving the commission at 9 members. Council vote was four (4) in Favor); two (2) opposed (Williams, Day). As there was no further business to come before Council, Mayor Parker adjourned the meeting. Clerk of Council 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM THIS AGREEMENT, entered into this 23rd day of December 1993, by and between CITY OF TYBEE ISLAND, hereinafter "the City ", and the STATE OF GEORGIA, DEPARTMENT OF NATURAL RESOURCES, hereinafter "DNR ". WHEREAS, on September 7, 1993 , the Shore Protection Committee met and issued Shore. Protection Act Permit No. 226Ato the City, copy of which is attached hereto, which permit authorizes construction of groins, as set forth in the permit, which activity is henceforth referred to as "the Project "; and WHEREAS, said permit requires the City to enter into an enforceable legal mechanism to assure monitoring for the Project and to assure removal or reconfiguration of the authorized structures of the Project under certain conditions or, in the alternative, to make payment to DNR sufficient to allow DNR to contract for the removal of the authorized structures of the Project. NOW, THEREFORE, the parties hereto, the City and DNR, based on good and valuable consideration, receipt of which is hereby acknowledged, and in order to satisfy the conditions of Shore Protection Act Permit No. 226A, agree as follows: 1. The City must provide a monitoring system for the Project as follows: (a) Prior to construction of the Project, at approximately 6 month intervals for 2 years 1 1 following construction of the Project, and annually thereafter, at nine stations as shown on Exhibit "A" attached, the City or its contractor must measure the beach profile from the seaward toe of the seaward most sand dune in a seaward direction to minus five feet mean low water datum (in the event ocean conditions are hazardous to the surveyors, profiles may be taken to minus one foot mean low water) using standard engineering techniques. The survey data must be supplied by City to knowledgeable persons with proper credentials for evaluation of the possible impacts of the groins on adjacent beaches. Such evaluation must include recommendations, as appropriate, for Project modifications. A summary analysis must be provided to DNR within 30 days of the survey date. The City must have each monitoring station permanently monumented by tying each to the primary control network (recoverable to a master monument). Cost associated with this requirement are the responsibility of the City. (b) The City must provide aerial photography as a part of the monitoring system of the Project. Selection of the photographer, scheduling, coordination of flights, costs, and specifications shall be the responsibility of the City. Provided, however, that if DNR determines that this part of the monitoring system is not being satisfactorily performed, then, upon written notice to the City, DNR shall assume the aforesaid responsibilities and the City must pay up to $1,000.00 per year for the cost of any aerial photography performed after said written notice. (c) All conditions of said permit shall be met or performed by the City. 2. If DNR notifies the City that it has determined that significant quantifiable adverse 1 1 effects are resulting from the Project, the City must either: (a) Remove all groins installed as a part of the Project within 60 days. Upon removal, the dunes, beach, and submerged shoreline lands shall be restored, to the greatest extent possible, to a normal profile; or (b) Reconfigure all or a portion of groins installed as part of the Project within 60 days. Upon reconfiguration, the dunes, beach, and submerged lands shall be restored, to the greates extent possible, to a normal profile. Reconfiguration must be based upon evaluation of profile data and recommended by persons knowledgeable of the Project area and with credentials to make such recommendations; or (c) Within 30 days notify DNR of its intention to renourish the beach in adversely effected areas to relieve impacts from the Project. Said renourishment must take place as soon thereafter as is possible given the constraints of local, state, and federal rules, regulations, and laws and given the availability of securing proper equipment under exigent circumstances. 3. If the Company fails to comply with paragraph 2 above, the Company will be liable to DNR in the amount of $300,000.00 or the actual cost of evaluation of Project options and the removal or reconfiguration of the groins, whichever, is less, as fixed, settled and liquidated damages. 4. The City shall provide to DNR and its agents access to the Project area at all times for inspection and /or survey of the Project and, at reasonable times to be agreed upon by the parties hereto, for the purpose of removal or reconfiguration of the groins. 1 1 1 5. After one year of monitoring, DNR and the City will confer to determine if changes are needed in the monitoring program. 6. The parties hereto, the City and DNR, agree that time is of the essence of this contract. 7. The obligations of the City pursuant to this contract cannot be assigned by the City without express written authorization from DNR. 8. This Agreement shall not be modified or amended except by written agreement of the parties hereto. DEPARTMENT OF NATURAL RESOURCES anner, Commissioner CITY OF TYBEE ISLAND By: Title: Walter W. Parker, Mayor