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HomeMy Public PortalAbout19960411CCMeeting1 1 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. 1 1 1 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 1 1 1 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. 1 1 1 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 1 1 1 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. 1 1 1 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 1 1 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. 1 1 1 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 1 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 1 1 1 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 1 1 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. 1 1 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 gDGE OF ASPHALT PLVIPG 0 b•$)—WATER MIII4 LOCLTED HEAL k 9ELO4r EDGE Of PaVlMf.(T7I Ist1HD CtrY HALL) BROKEN .M."r x 1 (7cr) 14 38/'- IA vI 1 t lir 1' .$1 A. 14' TRAM4TMa iRv OVERI4ELb . _.DTILII ( Limed In accordance %%eh the HUD —FIA Flood Hamra Boundary Map des patted property Is In a designated flood hazard area. 44,.45'iv. s 19. 87' t, At: �1lE 1,t ACED r,3LD I*4U 1E00 ass _j1E7) -- v,' I .a. f .E14r....euR.vEYI .d PORTION .OF.. LOT ..11).. 11ML RR.4,1?∎e.(LIFT .5ThTIOW 5116),.Fd1LT MLRV LYBE LAMDT : -." F1ATH114t"'C0111.1TY,:- GEORGIA _5E1.L5011TH T1:LEGOMMUI110/4TI01-15 4-7.14:1' A C H '%q'3 — rsC4 LE 1 1• ; .y. ._ V to imimeimmellasmagssionamma • 561Let IN reeT Ex- LE'Y.J$U RV eYOR5, E472.0 :A 8E244414 l6TREET 51'YL stAIA M, GEAA014 E.EfEREUCE :3ur ', • r. .R, . w -52 ILL/ET:>3.,t)'6.::'.:.� f i'1148 Fret= D "eQUIPMEMTS 10• THEOLOLITe , Id, Y'TEEL TA Pe 9 1 1 1 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 4 $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 • 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 1 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 1 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 1 1 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] 1 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. 1 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 1 1 1 2nd Reading: April 11, 1996 Enacted: April 11, 1996 1 1 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 1 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 1 1 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: 1 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. 1 1 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. J q. 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 1 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. • 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. • 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 1 1 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