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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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