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1996- 04 -11. City Council Minutes
The Tybee Island City Council held its regular monthly
meeting on Thursday, April 11, 1996 in the City Hall Auditorium.
Mayor Walter W. Parker called the meeting to order with the
following members of Council present: Ed Merves, Jack Youmans,
William Remeta, Michael A. Hosti, Mariann Wildi and Mallory
Pearce. City Attorney Edward Hughes was present to represent the
City on legal issues. City Manager Bill Farmer was present.
Reverend Lee Bennett gave the Invocation and the Pledge of
Allegiance was recited. Mayor Parker read a Proclamation for
Poppy Day. A Certificate of Excellence was presented to Logan Lee
for winning the school, club, and zone level in the Optimist
Oratorical Contest. Logan will be going to Brunswick on April
20th for the area competition. Mrs. Marianna Seyden is his coach.
A Resolution was read on the Comprehensive Regional Ground Water
Management Strategy. Mayor Parker said that he has heard at one
of the meetings that in 10 to 15 years water will cost as much as
electricity.
Dr. Julius Hornstein asked permission from Council to change
the date of the Blues and Jazz Festival from May 11 to June 1st.
David Henson, Savannah Baptist Association, appeared and asked to
hold puppet shows, clowns and other activities on the beach from
June 10 through August 6, 1996. Mr. Henson said this would be the
third year.
Mrs. Kathryn Williams gave Council a brief history of the
committees she has served on since moving to Tybee Island, one
being the Sign Committee. She stated that the old sign ordinance
lacked teeth for enforcement, so the Sign Committee wrote a new
ordinance with input from residents and businesses. Mrs. Williams
asked that Council act on unpermitted signs and to include the
control of benches in the ordinance. Mrs. Jeanne Hutton also
spoke to Council concerning the sign ordinance and control of
benches on Tybee stating that maybe a cap on the number of
benches plus the placement of the benches be included in the sign
ordinance. Attorney Dwight Feemster, representing Steve Tallent,
said that he has a copy of a memo from Zoning Administrator Byers
stating that no action should be taken at this time, further
research is needed. Ms. Byers said that she has been working with
RDC and has a draft, and that she is aiming for the May meeting
to present to the Council. Mr. Feemster asked how interested
people would be notified. City Attorney Hughes said that this
would be a Zoning Text Amendment and must be advertised for a
Public Hearing. City Attorney Hughes will have a written opinion
within one week on the Sign Ordinance. Mayor Parker said that a
committee could be formed to study the draft and that committee
could be made up of Jeanne Hutton, Kathryn Williams, Steve
Tallent and business people.
Mayor Parker introduced City Manager Bill Farmer, stating
that we are very fortunate to have him. Mayor Parker recognized
Representative Burke Day and other former Councilmembers of
Tybee.
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Mr. Cullen Chambers told Council that the Outback Steakhouse
has donated 500 dinners to be sold on April 27th at a festival to
be held at the Lighthouse. The Outback has committed to hold this
event for the next 3 years. The festival will be an all around
family day. Mr. Chambers thanked Rep. Day for the $15,000
allotted out of this session of the assembly towards the painting
of the Lighthouse.
Mr. Chris Schuberth gave a report from the Chatham
Environmental Forum.
Ms. Elizabeth Hutchison was not present to explain her
request to Council. Mayor Parker tabled any decision on the
special review for a home occupation business license.
Mr. Burke Allen asked permission from Council to hold a Free
Concert in the North Beach Parking area for late June or late
July. The plans are just in the preliminary stages at this time.
Jeff Mosely, Southeast Surfing Association, asked permission
from Council to hold contests on the following dates; May 18th
(alternate dates June 1 and 8), June 29th (Alternate dates July
6,13, 27), and August 17 (alternate dates 24 and 31).
Councilmember Youmans questioned if this event will be all on the
beach and not in the parking lot. Mr. Mosely answered that it
will be on the beach. Mayor Parker asked how many people expected
to attend. Mr. Mosely said about 25.
Mr. Bert Barrett, Jr. requested that Council look into the
operations of the Water Sewer department before considering any
rate increase to the bills. Mr. Barrett stated that nobody in W/S
seems to know what we have at the present time and feels that
money is being wasted. Mr. Barrett said that the lower end of the
water sewer personnel have helped him in the past. Mayor Parker
said that he will look into Mr. Barrett's complaint. Mr. Fred
DeBorde complained that no one knows the infrastructure of Fort
Screven. He stated that all maps were lost in the DPW fire. Mr.
DeBorde said that he asked W/S for help in locating water and
sewer lines and was told to find them himself. Mr. Penn Myrick
told Council that he is building a home at the end of llth Street
and that it costs him $2,157.00 in water and sewer tap fees. Now
he has found out that the city lines stop half way down llth
Street and it is going to cost him about $6,800 to run those
lines in order to have water and sewerage at his home. Mr. Myrick
said the water department said tough to his problem.
Councilmember Youmans said this is not an unusual case, Mr. Arte
Anderson of North Campbell paid to have a four inch line run to
his house, since then at least four new houses have tapped into
that line and now the line is not big enough to handle the needs.
Mayor Parker said that the following Public Hearings have
been withdrawn by the petitioner: Site Plan Review by J.A.
Cramer, #10 17th Street; Setback Variance by C.E. Hall, #2 18th
Street. Postponement on the following: FEMA variance by Jeff
Dukes, #8 5th Avenue; Lot size reduction by Allen Hendrix, 55 Van
Horn. Mayor Parker opened and closed each of the public hearings
according to law:
1. Zoning Text Amendment on Height and Definitions - Zoning
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Administrator read the changes recommended by the Planning
Commission at the request of then Acting City Manager James P.
Locklear. Planning Commission Chairman Bob Austin read a from
the majority of the members. Ms. Linda Larsen also read a
statement. (copies of each attached). There were seven letters
for the ordinance and seven letters against the ordinance. Mayor
Parker asked City Attorney Hughes if the City can be sued? City
Attorney Hughes responded that yes, the City can be sued if a
variance is denied after several have been granted. Criteria for
a hardship variance need to be clearly stated in the ordinance.
The City can also do away with variances but if a person comes to
you requesting a variance then the City is taking away their
rights. Mr. Fred DeBorde said that Tybee is becoming a little
Hilton Head. Mr. John Hutton said he is against some of the
changes in the text amendment, and knows that the Council is
under pressure from the builders and developers. The residents
have to be here to give you all our thoughts and support. In the
SBCCI there are clear definitions of height and how to measure
height. Also there is stated what is allowed to go on a roof.
Since we go by the SBCCI the City needs to hire someone to
rationally interpret the SBCCI codes. Ms. Birdie Skinner said
that last year she was opposed to any height over 35 feet being
granted, but now that she is in the process of building a house
and she feels that 35 feet is not enough of a height limit. Mr.
Joe Griffin stated that he agrees with Mr. Hutton 100 %, and feels
that the 50 feet is not going to fly. Mr. Griffin said that the
City should measure the tallest building in residential and
commercial and then set the height according to that number as of
a certain date, like May 1, 1996. Councilmember Wildi said that
she attended the Planning Commission and that there is no hidden
agenda, we are all citizens and residents and we do not want to
destroy the island, but the island is divided on this subject.
Ms. Jane Merves said that the Council has set a precedent by
granting variances so what is the point of setting the cap at 50
feet? Ms. Katrina Hughes said that the criteria for a hardship is
in the ordinance because of Jeanne Hutton and her group. City
Attorney Hughes quoted parts of subsection (e) variance from the
code. Mr. Chris Kline said that residents are scared about
raising height from 35 to 50 feet and feels this is a step in the
wrong direction. Keep at 35 feet and get clear criteria in
ordinance. Mr. Carl Thompson said that he was on the Planning
Commission when the 35 feet height limit came into effect and
that it was done because that was all the volunteer fire
department said they had equipment to fight a fire. Ms. Sallie
Keller said that a lot of consideration is needed, anybody can
sue anybody for any reason. Ms. Keller said she feels this is the
beginning of the end if the 50 foot cap is passed because it will
affect the whole island. Mr. Sam Adams asked what is the impact
this is going to have on the entire island. He asked Council to
please understand costs before you force them on the residents of
Tybee. Ms. Marty Harrell asked what is to stop someone from
piling 15 feet of dirt on their lot and then building a 50 foot
house. Ms. Harrell stated that the City has set a precedent by
granting variances but that does not mean we can't be equal. Ms.
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Kathryn Williams said that we are spending a tremendous amount of
time, volunteers and Council, on the height question. Ms.
Williams said that you need to ask yourself if you want the
island wall to wall or do you want to maintain the island as it
is today? Councilmember Pearce asked if anyone from the Planning
Commission would answer why did you get rid of the setbacks? Mr.
Joe Griffin said he heard that there was a house on Tybee that
measured in at 49 feet, and they did not have the setbacks. Mr.
Gordon Marrow said that height is the biggest issue to come
before Council and this item always brings out the residents. Mr.
Marrow asked who is putting the pressure on the Planning
Commission for the height increase? He stated that maybe this
should be placed on the ballot and let the voters decide once and
for all. Ms. Rachel Perkins said she is known as the dissenting
vote on the Planning Commission, but feels if you go up in
height, you must come in so that the sun will shine. Mr. Jim
Kluttz said that of the 2,500 structures on Tybee that only about
100 of them are over 35 feet in height. Planning Commissioner
Watson said that they recommend, but that the Council approves.
Mrs. Marianna Seyden asked Mayor Parker if we have a hurricane
how would we evacuate the island. Mr. Howard Arata asked that
Council visit Myrtle Beach. Mr. Henry Levy stated that it would
ruin the character of the island and feels that resident height
should be 35 feet and commercial should be 25 feet. Mrs. Margaret
Wylly said that people should consider how much room it takes
when you go to build. Ms. Susan Weston said that everyone wants
objective standards, there are about 100 houses that have
received a variance. A study should be done on why the variances
were granted. Mr. Penn Myrick said that he is building a new home
on llth Street and it is exactly 35 feet. He stated that most
houses are costing between $400,000. to $500,000. to build, this
is including the lot. Mr. Myrick said that he thinks that 38 feet
would be a good figure to use for the height limit.
2. Mr. Penn Myrick presented his request for a variance setback
because of the eave overhang at 1101 Strand, PIN 4- 7 -1 -1A. Mr.
Myrick said that after the foundation was poured was when they
found out that they were in violation. Councilmember Youmans
asked if this was the last house on llth Street. Councilmember
Youmans asked Mr. Myrick if the City Marshal did not come down
and tell you before the foundation was poured? Mr. Myrick
answered, no sir, it was after the foundation was poured. Mr.
Kevin Larsen, a neighbor, said he had no problem with Council
granting the variance.
3. Mr. Tommy Clark presented his petition for a site plan review
in order to build 12 town houses at 404 Butler Avenue, PIN 4 -4-
20-1 between Spanky's and Third Street. Zoning Administrator
Byers said that the plans have passed by the Chatham County
Engineers.
4. Mr. Mike Griffith presented Council a petition made by Mrs.
Wilma McCusker for a site plan review for # 3 15th Street for a
hotel, PIN 4- 8 -3 -1A. Zoning Administrator said that she has a
verbal approval from Chatham County on the plans and that
everything is clean. Ms. Marty Harrell asked if Mrs. McCusker was
seeking a variance. Mayor Parker answered no variance is being
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requested. Mrs. Linda Wilson owner of # 2 and # 8 Atlantic Avenue
asked if there was to be a buffer between her property and that
of the hotel, and if so please not to put it on the property
line.
Mayor Parker opened the meeting for business legally
presented. Councilmember Pearce moved to approve the minutes form
previous meetings. Councilmember Merves seconded. Vote by Council
was unanimous. Council approved the change of date for the Blues
and Jazz festival from May 11th to June 1st. Councilmember Pearce
moved to approve Mr. David Henson's request for Savannah Baptist
Association to use the beach area for family oriented activities.
Councilmember Hosti seconded. Vote by Council was unanimous.
Councilmember Pearce moved to approve the Lighthouse event to be
held on April 27th. Councilmember Merves seconded. Vote by
Council was unanimous. The special event request from Mr. Burke
Allen of MIX 97.3 was tabled until further information can be
presented to Council. Councilmember Pearce moved to table Ms.
Hutchisons request for a home occupation business license until
Ms. Hutchison appears before Council. Councilmember Remeta
seconded. Vote by Council was unanimous. Councilmember Remeta
moved to appoint Mallory Pearce as the alternate delegate to the
Chatham Environmental Forum. Councilmember Wildi seconded. Vote
by Council was unanimous.
Councilmember Pearce moved to disapprove the Zoning Text
Amendment. Counilmember Wildi asked the Mayor to appoint people
to work on the ordinance. Councilmember Remeta seconded. Mayor
Parker said in addition to the Planning Commission? Councilmember
Wildi answered yes, plus City Attorney Hughes and City Manager
Farmer. Vote by Council was four (Merves, Remeta, Hosti, Pearce);
2 opposed (Youmans, Wildi).
Councilmember Youmans moved to approve the variance request
for Mr. Penn Myrick. Councilmember Remeta seconded. Vote by
Council was unanimous.
Councilmember Youmans moved to accept the site plan review
petitioned by Mr. Tommy Clark. Councilmember Wildi seconded. Vote
by Council was unanimous.
Councilmember Wildi moved to approve the site plan review
request of Mrs. Wilma McCusker. Councilmembers Remeta and Youmans
seconded. Vote by Council was unanimous.
Councilmember Youmans moved to approve BellSouth's request
to place a telephone switch box on North Campbell by the lift
station. Councilmember Wildi seconded. City Attorney Hughes
stated that the long lost franchise agreement has been located by
BellSouth, the date of the franchise was 1916 with an amendment
in 1976. Attorney Hughes asked Council about the money amount for
the agreement. Councilmember Hosti said that it was discussed but
never decided on by Council. Attorney Hughes said that Council
could approve the agreement, with the money amount to be
negotiated by City Manager Bill Farmer at a later date. Vote by
Council was 5 in favor (Merves, Youmans, Hosti, Wildi, Pearce); 1
opposed (Remeta).
Council voted to appoint Alice Martin and Jay Cox to the
Personnel Advisory Board and approved the recommendation of the
employees and appointed Bill Dowell to the board.
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Council approved the Southeastern Surfing Association dates
for the contest that will be held during the season on 18th
Street.
Councilmember Hosti moved to approve Robert W. Durden for
the alcohol beverage license of Fat Daddy's at # 7 Tybrisa
Street. Councilmember Youmans seconded. Vote by Council was
unanimous.
Councilmember Youmans moved to accept the GIRMA Liability
insurance renewal in the amount of $82,250. for the years 96/97.
Councilmember Merves seconded. Vote by Council was 5 in favor
(Merves, Youmans, Remeta, hosti, Pearce); 1 opposed (Wilda).
Councilmember Youmans moved to approve the recommendation
from City Manager Bill Farmer to appoint Mrs. Rowena Fripp as
Acting City Manager to exercise the powers and duties of City
Manager during the Manager's temporary absence or physical or
mental disability. Councilmember Pearce seconded. Vote by Council
was 4 in favor (Youmans, Remeta, Hosti, Pearce); 2 opposed
(Merves, Wildi).
Councilmember Youmans moved to approve the bills for the
month of March presented by the City Manger. Councilmember Pearce
seconded. Vote by Council was unanimous.
Councilmember Pearce moved to accept the budget adjustment
that was recommended by City Manager Farmer and Mrs. Rowena Fripp
to cover the expenses of the Lovell Avenue drainage project.
Councilmember Youmans seconded. Vote by Council was unanimous.
Councilmember Youmans moved to adopt Title 2, Chapter 4
Personnel on its first reading stating that all places that state
"appropriate elected official" be changed to "city manager ", as
distributed, changing authority from Council Committees to the
City Manager. Councilmember Pearce seconded. Vote by Council was
unanimous.
Councilmember Pearce moved to table any decision on the
water -sewer rate increase ordinance until a full report can be
presented to Council. Councilmember Wildi seconded. Vote by
Council was unanimous.
Councilmember Pearce moved to adopt Section 4 -2 -1 Office of
Chief (Fire) created on its second reading. Councilmember Youmans
seconded. Vote by Council was unanimous.
Councilmember Hosti moved to adopt Section 4 -3 -4 through 4-
3-9 Emergency Management Commission on its second reading. Mayor
Parker said at this time he will appoint Barney Cannady and
Albert "Rooster" Williams to the Emergency Management Agency.
Councilmember Youmans moved to make an amendment to the motion by
appointing to the commission with the second in charge of the
fire, police, public works and water sewer to serve.
Councilmember Wildi seconded. Councilmember Remeta moved to amend
the amendment by stating that there be 13 members, the additional
4 being the second in charge of the departments listed above.
Councilmember Youmans seconded. Vote by Council was 4 in favor
(Youmans, Remeta, Hosti, Wildi); 2 opposed (Merves, Pearce). Vote
on the main motion was 5 in favor (Merves, Remeta, Hosti, Wildi,
Pearce); 1 opposed (Youmans). The following nine were appointed
by Council to serve on the commission: Katrina Hughes, Paul
Jackson, Armond Souza, Sandra Cornelius, Mallie Clark, Glenn
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Taulbee, Sonny Solomon, Georgie Rentiers, David Ring.
Councilmember Wildi moved to adopt Section 2 -4 -21 (C) Use of
City Vehicles by Employees on its second reading, giving the
departments until June 1st to implement the ordinance.
Councilmember Pearce seconded. Vote by Council was unanimous.
Councilmember Wildi moved to approve Section 7 -3 -6 Powered
(Motorized) Watercraft; Control on its second reading.
Councilmember Hosti seconded. Councilmember Remeta said he gets
tired of voting against special events but Dan Simmions and
Clifford Meads said that they would help us with any lost
revenue, now it looks like it will cost the City About $8,000.
Councilmember Youmans said that big trailers will take up parking
spaces. Councilmember Merves asked what type of additional
parking would be needed? Mayor Parker said that Memorial Park and
Jaycee Park can be used for parking revenues. City Manager Farmer
said that the Council could amend the approval. A copy of the
agreement was given to City Attorney Hughes. Vote by Council in
favor was 3 (Merves Hosti, Wildi); 3 opposed (Youmans, Remeta
Pearce). Mayor Parker broke the tie vote by voting in favor of
the second reading. Counicl directed City Manager Farmer to
nedotiate the appropriate fees for City services for the
Budweiser event.
Councilmember Pearce moved to adopt Section 11 -3 -1 through
11 -3 -14 Noise Abatement on its second reading. Councilmember
Merves seconded. Councilmember Youmans moved to amend by
approving Sections 11 -3 -1 through 11 -3 -4 and delete all else.
Councilmember Remeta seconded. Vote by Council was unanimous.
Councilmember Wildi moved to have all parking meters on
Tybrisa and from the Strand to 17th Street be uniform at 30
minutes for $.25. Councilmember Pearce seconded. Mayor Parker
said that a committee could be appointed to study the parking
meter policies. Councilmember Wildi said that she would like to
serve. Vote by Council was 3 in favor (Pearce, Wildi, Hosti); 3
opposed (Merves, Youmans, Remeta). Mayor Parker broke the tie by
voting in favor.
Councilmember Youmans asked for an update on the City
Attorney's progress on the condemnation of the Butler property at
19th Street and Chatham. City Attorney Hughes said that he was
told to stop, but that he has talked with Mr. Butler.
Councilmember Youmans stated that Council voted unanimously in
the past to start condemnation proceedings. Mayor Parker said
that the suggestions for locations from citizens should be
considered. Councilmember Youmans said that the 19th Street
location has been voted on three times. Councilmember Wildi asked
when are the suggested locations going to be presented to
Council. Mayor Parker stated that we can't build the water tank
until after the season. Councilmember Youmans said that there is
a lot of preparation that is needed before you start the tank and
would like the City Attorney to do what Council asked him to do.
Councilmember Merves moved to hold off and check out the options.
Councilmember Pearce seconded. Vote by Council was 4 in favor
(Merves, Hosti, Wildi, Pearce); 2 opposed (Youmans, Remeta).
Council directed Cit Manager Farmer to look into the options for
water tank location.
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Mrs. Margaret Wylly asked if Council wants to participate in
erosion control on the back river by rocking Inlet Avenue.
Councilmember Youmans said that this would not be a cheap project
and that no money is budgeted for that area. Councilmember Hosti
said that there is no access for the public. Mrs. Wylly said that
there is and people are down there fishing and swimming everyday.
Mrs. Wylly said that she is working with DNR and Thomas and
Hutton. It would cost the City $500.00 for the application
process. Mayor Parker asked if money was available? Mrs. Fripp
answered that Chatham County is holding some money, we expend and
then Chatham reimburses the City. Councilmember Remeta said that
the North end of the island needs to be addressed. Councilmember
Youmans said that the curve on Butler Avenue needs renourshing
more so because the water is undermining these homes.
Councilmember Youmans moved to participate in the program after
speaking with our engineer Eric Olsen. Councilmember Remeta moved
for a workshop to look at the total picture with Olsen. Died for
lack of a second. Mayor Parker said that the City Manager will
gather information and the City will not hold up Mrs. Wylly and
her group.
As there was no further business to come before Council the
meeting was adjourned.
yor Walter W. Parker
R O C L A M A T I 0 N
WHEREAS, NATIONAL POPPY DAY has been set aside
throughout this country as a day in which all people can join
together to honor our Disabled American Veterans; and
WHEREAS, the Tybee Island American Legion, Post 154, and
its Tybee Auxiliary, traditionally take this opportunity to support
American veterans by observing Poppy Day; and
WHEREAS, All donations from poppy sales go directly to
the aid of brave veterans and their families;
INOW THEREFORE, THE CITY OF TYBEE ISLAND MAYOR AND COUNCIL IN OPEN
MEETING ASSEMBLED, HEREBY PROCLAIM FRIDAY AND SATURDAY,
APRIL 26TH AND 27TH, 1996 AS TYBEE ISLAND POPPY DAYS; and
DO FURTHER EXHORT ALL CITIZENS OF OUR CITY TO SUPPORT THE AMERICAN
LEGION POST 154 AND ITS AUXILIARY IN HONORING OUR ESTEEMED DISABLED
AMERICAN VETREANS FOR THEIR PERSONAL CONTRIBUTIONS TO THE WELFARE
OF OUR COUNTRY.
This th day ofa
, 1996,
Mayor Wal er W. Parker
acu l R. Brown, ti
e y , Clerk of Council
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RESOLUTION
WHEREAS: The Tybee Island City Council understands the
importance of ground water to its City, including its
residents, commerce, and industry; and
WHEREAS: The Tybee Island City Council realizes the urgent need
for a comprehensive and unified region -wide approach to
the safe, efficient, and equitable management of the
Floridan Aquifer; and
WHEREAS: The Tybee Island City Council understands the
importance of developing this comprehensive management
strategy on behalf of the entire coastal Georgia and
other affected portions of southeastern and coastal
Georgia; and
WHEREAS: The Tybee Island City Council believes the best way to
accomplish sound management of this scarce and
important natural resource such as ground water is to
devise a comprehensive management strategy with the
involvement of the private and public sector
representatives throughout the affected area; and
WHEREAS: The Tybee Island City Council understands that such a
management strategy must be developed and supported by
the affected users in the region in order to ensure its
implementation; and
WHEREAS: The Tybee Island City Council fully endorses the
concept of using the Coastal Georgia Regional
Development Center as the official regional
organization to coordinate this effort;
NOW, THEREFORE, BE IT RESOLVED by the Tybee Island City Council
is committed to participate in the Coastal Regional Development
Center's effort to work collectively with the Ground Water
Advisory Committee and various related subcommittees to develop a
Comprehensive Regional Ground Water Management Strategy.
Attest:
Clerk of Council
Adopted this llth day •sue il, 1996.
yor Walter W. Parker
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STATE OF GEORGIA
COUNTY OF CHATHAM
EASEMENT
For and in consideration of $ and other good and
valuable consideration, the adequacy and receipt of which is hereby
acknowledged, the undersigned owner of the premises described
below, hereinafter referred to as "Grantor ", does hereby grant to
BellSouth Telecommunications, Inc., a Georgia corporation, its
licensees, agents, successors, assigns and allied and associated
companies, hereinafter referred to as "Grantee ", an easement to
construct, operate, maintain, add, and /or remove such systems of
communications, facilities or related services as Grantee may from
time to time require upon, over, and under a portion of the lands
described below and over, along and under the roads, streets, or
highways adjoining or through said property. The said easement is
more particularly described as follows:
See Exhibit "A" and Exhibit "B" attached hereto.
The following'rights are also granted: The non exclusive
right to allow any other person, firm or corporation to attach
wires or lay cable or conduit or other appurtenances upon, over and
under said easement for communications or electric power
transmissions or distribution; ingress and egress from said
easement at all times, the right, but not the obligation, to clear
the easement and keep it cleared of all trees, undergrowth, or
other obstructions; the right, but not the obligation, to trim and
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cut and keep trimmed and cut all dead, weak, leaning, or dangerous
trees or limbs outside the easement which might interfere with or
fall upon the lines or systems of communication or power
transmission or distribution; and the right to relocate said
facilities, systems of communications, or related services on said
lands to conform to any future highway relocation, widening or
improvements.
To have and to hold the above granted easement unto BellSouth
Telecommunications, Inc., its licensees, agents, successors,
assigns and allied and associated companies for so long as
BellSouth Telecommunications, Inc. maintains a franchise agreement
with the City of Tybee Island for providing telephone and
communications services.
Grantee shall indemnify and hold harmless Grantor from any and
all claims, suits, actions or causes of action, or liability of any
kind and nature whatsoever arising, occurring or created by reason
of the Grantee's use of the easement area. This obligation shall
include any and all amounts, sums, or other obligations imposed
upon or incurred by or asserted against the Grantor including, but
not limited to, costs, attorneys' fees, penalties or other amounts
attendant thereto.
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IN WITNESS WHEREOF the undersigned has caused this instrument
to be executed on the
ATTEST: �cJ�f \J� � -'
RI6i e Y, f \1 - 1J
OF dOUNCIL
BY:
Sign
in Y e presence o
day of , 1996;
CITY OF TYBEE
MAYOR
d, sealed and delivered
*NESS
NOTARYOk
CHATHAM COUNTY, GEORGIA
NETT 7AYNE HENDRIX
Notary Public, Cbat %:am CouWy,
cGllil
nis. L4Ji L7-2S:i.rez July
TYBEE ISLAND CITY ATTORNEY
Edward M. Hughes
Approved as to form
. i3/14/86 17:17
„••• •
912 3 9122382767
3552 -
.
NO.862 P006
EXHIBIT A
and being in the Town of
All that certain lot, tract or parcel of land situate, lying
Tybee Island, Chatham County,
6eorgia, and being a portion of a lift station site kno-
wn a portion of Lot 11, Pamela Terrace, as shown a plat of ib d as follows: Marcomm-
encing 19
xn p particularly desc
by Leo Y. Exley, R.L.S. 2119, and being more p
at a broken concrete marker marking the northeast corner of the intersection of
the eastern
the rights-of-way of Linton Street and South Campbell
of•16.43' etala concrete mar-
ker of South Campbell Avenue %38 °22'E a
r marking the point of beginning; thence continuing N38 °22'E a distance of 19.87' to
ke g38 °1fi'E a distance of 16.97' to a
a concrete marker: thence leaving said right-of-way
concrete marker; thence 544 °45'W a distance of 17.10' to a metal enc post: t 2n6e R
45 °15'W a distance of 14.55' to the point of beginning: said parcel
square feet and being bounded on the northwest by
South Campbell Avenue, on the the
northeast by a U.S. Post Office site and on the southeast and southwest by other Por-
tions of said lift station site.
1
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GEORGIA INTERLOCAL RISK MANAGEMENT AGENCY (GIRMA)
RENEWAL CONTRIBUTION WORKSHEET FOR 511/96 -97
MEMBER:
LIMIT OF LIABILITY SELECTED:
TOTAL PROPERTY VALUES COVERED:
EXCEPTIONS: Liability.
Includes Prior Acts Coverage on Police aRet Public Date o 1/92.
1996 -97 DtRM,pLCONTR1BUTIQN.
PER OCCURRENCE 1996 -97
1996-97 1996-97
DEDUCTIBLE* CONTRIBUTION RENEWAL CORE 04T BALANCE DUE
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$2,500 $ 82,250
*This deductible will apply to all losses and all lines of coverage subject to a maximum
of one deductible for all claims arising from a single occurrence.
City of Tybee Island
1,000,000
3,679,865
Please circle
Option 1
Option 2
Option 3
mmaLugatits
below the payment option that you desire:
Payment of 100% of the 1996 -97 balance due by May 15, 1998
Payment of 50% of the 1998.97 balance due by May 15, 1996;
remaining balance paid by June 30, 1996.
Payment of 50% of the 1998 -97 balance due by May 15, 1 996;
remaining balance f paid will behapplled equal the balance due) (an
installment to
PLEASE SIGN, DATE AND RETURN THIS SLFOR WITH A CHECK FOR THE
PAYMENT OPTION SELECTED IN THE
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GIRMA
Dept. 1192
P.Q. Box 106544
Atlanta, GA 30348 -5544
The extra copy is for your records.
ACCEPTED FOR THE City of Tybee Island
BY:
Date
04 —0;-96
o 1 : 37PM PO4
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Bills for the Month of March 96
General Government
Police
Fire
Public Works
Sanitation
Recreation /Parking/
Lifeguards
Grand Total
57,043.87
68,384.73
6,967.71
136,918.18
32,294.92
22,026.81
323,636.22
27.75% of 96 Budget
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Water Sewer
40,010.66
Fund Three No expenditures shown
MEMORANDUM
Date: April 2, 1996
From: Ro Fripp
To: Bill Farmer
Subject: Lovell Avenue Storm Drainage Project
Attached is the first draw for the above project - $83,137.43.
Inman Beasley of HGBDY has inspected & approved this for payment.
I suggest we expense it from the capital line item for storm
sewe ;106280.9050:'vThe current balance is $14,000 +, so we need to
recommend a budget adjustment as follows:
Storm Sewer /Street Maintenance 106280.6115 - $351- Ag.19.00,'77
Contingencies 061.6122 - $34 00b:00
When the auditors finish checking Fund 3, $49,000 may be expensed
from there for this project as intended by the City Council in
1995. In the meantime, the above plan takes care of the bill
without creating a deficit in any line item.
ow/I/4
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Ordinance #
Be it ordained, and it is hereby ordained, by Mayor and Council
in Open Meeting assembled that the Tybee Island Code of
Ordinances, Chapter 2, Title 4, Section 1 Fire Department
Officers; Appointment; Election be deleted and new paragraphs to
be titled and numbered the same to read as follows:
4 -2 -1. Office of Chief Created: Appointed
(a) The office of Chief of the Fire Department is created.
The Chief shall be appointed by the City Manager.
ADOPTED THIS DAY OF , 199.
or Walter W. Parker
1 Reading:
2nd Reading:
Enacted:
[4-2-1.dft]
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Ordinance #
Be it ordained, and it is hereby ordained, by Mayor and Council
in Open Meeting assembled that the Tybee Island Code of
Ordinances, Chapter 3, Title 4, Section 4 Emergency Management
Commission Created be amended to read as follows:
4 -3 -4 Created
An emergency management commission for the City of Tybee Island
is hereby created which shall be known as the Tybee Island
Emergency Management Commission (hereafter called the
Commission) .
4 -3 -5 Powers and Duties
The Commission shall be an advisory council and shall submit its
findings to the Mayor and Council. The Commission shall be
responsible for the following matters:
a. Assist in the development of a basic plan for the City's
integrated management system (Short Title:IEMS).
b. Identify the needs and develop up -to -date doctrine in
emergency management, to include but not all inclusive,
land, air, and water transportation safety and rescue
operational procedures.
c. Organize and promote programs that enhance and maintain
the public's awareness of the dangers inherit to living
and /or visiting on a barrier island and boating in local
waters.
4 -3 -6 Membership, Appointments, Terms of Office, Qualifications,
Compensation
a. Membership and appointment. The Commission shall consist of
thirteen (13) members who shall be appointed by the Mayor
and Council. The second in charge of the following
department will serve on the commission.
b. Term of Office. The term of office for each member shall be
three (3) years, except that those first appointed, three
shall be for one (1) year, three for two (2) years, and
three for three (3) years. When the term of the first
appointed shall expire, all successors shall be appointed
for three -year terms which shall begin February 1st and
expire January 31st of the appropriate year.
c. Qualifications of Members. In selecting persons for
appointment to the Commission, the Mayor and Council shall
endeavor to provide representation from the citizenry who
have general experience and training in emergency management
and specialized experience and training in transportation
safety and rescue management, especially as it pertains to
the local waterways. Persons selected for the appointment
shall be volunteers who are willing to help develop
emergency management doctrine which Mayor and Council may
use to promulgate emergency management policy.
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d. Compensation. Members of the Commission may receive
compensation for related training and travel expenses as
approved by the Mayor and Council.
4 -3 -7 Officers, Meetings, Minutes, Procedures.
a. Officers. The Commission shall elect one of its members as
the chairperson for a one -year term. A sitting chairperson
may be reelected for only one (1) consecutive term. The
Commission may elect other officers as it deems appropriate.
b. Meetings. The Commission shall determine its frequency for
meetings, but it shall meet no less than quarterly in a
calendar year. A special meeting may be called only if all
members have been duly notified 24 hours in advance. A
quorum (five members) must be present for a meting to be
legal.
c. Minutes. The Commission shall keep minutes of its
proceedings showing the matters discussed and the action
taken on each matter. Commission approved minutes shall be
presented to the Clerk of Council within three (3) working
days of the meeting.
d. Procedures. Robert's Rules of Order will govern the
procedures of the Commission.
4 -3 -8 Termination of Membership
a. A member of the Commission may be terminated for cause by
two- thirds majority vote of the members of the Commission,
except that appeal may be made before Mayor and Council in
regular meeting which may sustain or overturn the action of
the Commission.
b. The Mayor and Council shall replace any Commission member
missing two (2) consecutive meetings or an aggregate of five
(5) meeting in a member's tenure. Exceptions are illness or
an Act of God.
4 -3 -9 Duties of City Manager
The City Manager shall provide staff to meet with the Commission,
shall supply it with such information as it needs in its
deliberations, and shall perform such other duties for the
Commission as the Mayor and Council shall approve.
Cl
is
- k o iCoun
ADOPTED THI.'llth D
Mayor Walter W. Parker
it
1.'11(t-
Reading: March 14, 1996
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2nd Reading: April 11, 1996
Enacted: April 11, 1996
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Ordinance #
It is hereby ordained by the governing authority of the City of
Tybee Island, in open meeting assembled, that the Tybee Island
Code of Ordinances, Title 2, Chapter 4, Section 21 Use of City
Vehicles be amended by the addition of paragraph (c) to read as
follows:
2 -4 -21. USE OF CITY VEHICLES
(a) License requirements. Employees driving city
vehicles are required to have such driver's
licenses for the vehicles being driven as is
required by the Georgia state law,
irrespective of whether the employee drives
the vehicle on a regular, occasional, or
other basis, and whether or not this requirement
is included or omitted in the description of the
class to which the employee was appointed.
Violation citations, fines or other actions taken
by any police jurisdiction against any employee
while driving a city vehicle in violation of this
rule shall be the responsibility of the employee
and may be cause for disciplinary action.
(b) Abuse of vehicles. Anyone misusing
or abusing city vehicles, using a
city vehicle for other than
approved purposes, or taking a
vehicle home when not approved,
shall be subject to appropriate
disciplinary action, including
dismissal if deemed appropriate.
ADOPTED THIS /DAY OF ,
ayor Walter W. Par er
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AN ORDINANCE
It is hereby ordained by the governing authority of the City
of Tybee Island that Section 7 -3 -6, Powered (Motorized) Watercraft;
Control be amended by the addition of the following sentence to be
added at the end of such section:
It is hereby ordained by the governing authority of the City
of Tybee Island as follows: 7 -3 -6 ". . . The provisions of this
paragraph shall not apply to the use of a powered (motorized)
watercraft engaged in an activity authorized under state law."
So that such code section after amended shall read in its
entirety as follows:
7 -3 -6 POWERED (MOTORIZED) WATERCRAFT; CONTROL: It shall
be unlawful for any person owning, borrowing, leasing, or renting
powered (motorized) watercraft to: (1) ingress or egress the
waters surrounding the City of Tybee Island other than at the
Municipal Boat Ramp on the back river at Chatham Avenue, a private
residential dock, or a commercial marina; or (2) approach closer
than 1000 feet from the mean high water mark of the municipal beach
extending from the rock jetty at Nineteenth Street North to the
rock jetty at the confluence of the Atlantic Ocean and the Savannah
River at Fort Screven. It shall be the duty of the lifeguards
and /or other City officials to notify the Coast Guard or the
Department of Natural Resources concerning violations of this
section, and where possible, within the City Limits, the Chief of
Police or any law officer shall have the arresting authority for
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violators of this article. The provisions of this paragraph shall
not apply to the use of a powered (motorized) watercraft engaged in
an activity authorized under state law.
DATED this day of , 1996.
Hon. Walter W. Parker, Mayor
City of Tybee Island, Georgia
ATTEST:
rown, Clerk of Council
FT t Reading:
Second Reading:
Enacted:
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AN ORDINANCE
Section 11 -3 -1. It is the intention of the governing body, and it
is hereby ordained, that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia and the sections of this ordinance may be
renumbered to accomplished such intention.
Section 11 -3 -1. TITLE: This ordinance (Section 11 -3 -1 gt.
seq.) shall be known as the "Noise Control Ordinance for the City
of Tybee Island, Georgia ".
Section 11 -3 -2. DEFINITIONS: The following shall apply in the
interpretation and enforcement of this Ordinance; unless otherwise
specifically stated:
1. Definitions of technical terms used which are not herein
defined shall be obtained from publications of acoustical
terminology issued by the American National Standards
Institute (ANSI) as its successor body.
a. Ambient sound level. The noise associated with a given
environment, exclusive of a particular noise being
tested, being usually a composite of sounds from many
sources near and far, exclusive of intruding noises from
isolated identifiable sources.
b. A- weighted sound level. The sound pressure level in
decibels as measured on a sound level meter using the A-
weighting network. The level is designated dB(A) or dBA.
c. Construction. Any site preparation, assembly, erection,
substantial repair, alteration, or similar action, for or
of public or private rights -of -way, structures,
utilities, or similar property.
d. Decibel (dB). A logarithmic and dimensionless unit of
measure used in describing the relative loudness of level
of sound.
e. Demolition. Any dismantling, intentional destruction or
removal of structures, utilities, public or private
right -of -way surfaces, or similar property.
f. Emeraencv. Any occurrence or set of circumstances
involving actual or imminent physical or psychological
trauma or property damage which demands immediate action.
g. Emergency work. Any work performed for the purpose of
alleviating or resolving an emergency.
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h. Impulsive sound. Sound of short duration, usually less
than one second, with an abrupt onset and rapid decay.
Examples of sources of impulsive sound include
explosions, drop forge impacts, and the discharge of
firearms.
i. Motorboat. Any vessel which operates on water and which
is propelled by a motor, including, but not limited to,
boats, barges, amphibious craft, water ski towing devices
and hover craft.
Motorcycle. Any motor vehicle having a saddle or seat
for the use of the rider and designed to travel on not
more than three wheels in contract with the ground. The
term shall include, but not be limited to, motorized
bicycles and motor scooters.
k. Motor vehicle. Any motor- operated vehicle licensed for
use on the public highways, but not including a
motorcycle.
1. Noise. Any sound which disturbs humans or which causes
or tends to cause an adverse psychological or
physiological effect on humans.
m. Noise control officer. The person designated by the City
having responsibility for the enforcement of any
provision of this Ordinance.
n. Noise disturbance. Any sound which endangers or injures
the welfare, safety or health of human beings, or
disturbs a reasonable person of normal sensitivities, or
devalues or injures personal or real property, or as
hereinafter defined.
o. Noise sensitive activities. Activities which should be
conducted under conditions of exceptional quiet
including, but not limited to, operation of schools,
libraries open to the public, churches, hospitals, and
nursing homes.
p. Noise sensitive area. Any area designated for the
purpose of ensuring exceptional quiet and clearly posted
with "Noise Sensitive Area" signs, because of the noise
sensitive activities conducted therein.
Person. Any individual, partnership, firm, association,
joint venture, public or private corporation, trust,
estate, commission, board; public or private institution,
utility, operative, state agency, municipality or other
political subdivisions of this state, any interstate
body, or any other legal entity.
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r. Powered model vehicle. Any self - propelled airborne,
waterborne, or landborne model place, vessel, or vehicle,
which is not designed to carry persons, including, but
not limited to any model airplane, boat, car or rocket.
s. Public right- of -way. Any street, avenue, boulevard,
highway, sidewalk, lane or similar place which is owned
or controlled by a governmental entity.
t. Public space. Any real property, including any structure
thereon, which is owned or controlled by a governmental
entity.
u. Pure tone. Any sound which can be distinctly heard as a
single pitch or a set of single pitches.
v. Real property boundary. An imaginary line along the
ground surface, and its vertical extension, which
separates the real property owned by one person from that
owned by another person, but not including intra - building
real property divisions.
w. Receiving land use. The use or occupancy of the property
from which a complaint is made concerning noise which
receives the transmission of sound as hereinafter
defined.
x. Recreational vehicle. Any race car, motorcycle, or any
other motorized vehicle equipped for use in racing or
other recreational events or uses off of public rights -
of -way on public or private property.
y. Residential. Any property on which is located a building
or structure used wholly or partially for living or
sleeping purposes.
z. Sound. An oscillation in pressure, particle
displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause
compression and rarefaction of that medium. The
description of sound may include any characteristic of
such sound, including duration, intensity and frequency.
(1) Sound level. The weighted sound pressure level
obtained by the use of a sound level meter and
frequency weighting network, such as A, B, or C as
specified in American National Standards Institute
specifications for sound level meters (ANSI
S1.41971, or the latest approved revision thereof.)
If the frequency weighting employed is not
indicated, the A- weighting shall apply.
(2) Sound level meter,. An instrument which includes a
microphone, amplifier, RMS detector, integrator or
time average, output or display meter, and
weighting networks used to measure sound pressure
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levels, which complies with American National
Standards Institute Standard 1.4 -1971 as revised.
(3) ,found pressures. The instantaneous difference
between the actual pressure and the average or
barometric pressure at a given point in space, as
produced by sound energy.
(4) Used or occupied. Either word shall be deemed to
include the words "intended, designed, or arranged
to be used or occupied." °-.
Section 11 -3 -3 Exceptions:
1. The provisions of this Ordinance shall not apply to:
a. The emission of sound for the purpose of alerting persons
to the existence of an emergency.
b. The emission of sound in the performance of emergency
work.
c. Agricultural activities, exclusive of those involving the
ownership or possession of animals or birds.
d. Public mass . transportation vehicles.
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e. Church or clock carillons, bells, or chimes.
f. The emission of sound in the discharge of weapons or in
fireworks displays for which a permit has been issued.
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Section 11-3-4 Noise disturbance proh &bated.
1. No person shall make, continue, or cause to be made or
continued, except as permitted, any noise disturbance, or any
noise in excess of the limits for such noise established in
this Section.
a. Maximum permissible sound levels. With the exception of
sound levels elsewhere specifically authorized by this
Ordinance, Table 1 sets forth the maximum permissible
sound levels allowed at or within the real property
boundary of a receiving land use. Any activity or use
that produces a sound in excess of such noise levels for
a receiving land use shall be deemed a "noise
disturbance" and is in violation of this Ordinance.
b. Measurement of sound. The measurement of sound or noise
shall be made with a sound level meter meeting the
standards prescribed by the American National Standards
Institute or its successor body. The instrument shall be
maintained in calibration and good working order. Octave
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maintained in calibration and good working order. Octave
band corrections may be employed in meeting the response
specification. A calibration check shall be made of the
system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a
proper representation of the noise source. -=:4 The
microphone used during measurement shall be positioned so
as not to create any unnatural enhancement or diminution
of the measured noise. A windscreen for the microphone
shall be used when required. Traffic, other
transportation noise sources and other background noises
shall not be considered in taking measurements except
where such background noise interferes with the primary
noise being measured.
The measure of all sound levels shall be made as close to
the property line of the receiving land use as is
practical. The measure period shall not be less than ten
minutes and the sound levels measured shall not exceed
the sound levels set forth in Table 1 by more than ten
percent of any measurement period.
TABLE 1
Sound Levels by Receiving Land Use
ZONING CATEGORY OF TIME(3) SOUND LEVEL
RECEIVING LAND USE ")
Residential"'
7 A.M. - 10 P.M.
Limit, dBA(4)
60
10 P.M. - 7 A.M. 55
Commercial At all times 65' •
Noise Sensitive Area At all times .55.
(1) As set forth in the Zoning Ordinance for Tybee Island.
(2) Any zoning district containing the letter "R".
..°) Unless otherwise stated in the Ordinance.
(4) For any source of sound which emits a pure tone, the
maximum sound level limits set shall be reduced by 5 dBA.
2. The provisions of this Section shall not apply to the
operation of the following domestic power tools or equipment
between the hours of 7:00 A.M. and 10:00 P.M.:
a. Electrical power tools.
b. Motor powered, muffler equipped lawn, garden, and tree
trimming equipment.
/' yor Walter W. Parker
Enacted 4/11/96