HomeMy Public PortalAbout19990513CCMeeting1
1
1
Day 1999 -05 -13 City Council Minutes
Mayor Walter W. Parker called the May 13, 1999 City Council meeting to order at
7:30 P.M. with the following members of Council present: Ed Merves, Jack Youmans,
Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. Councilmember
Monaghan was out of town and not able to attend. City Manager Bill Farmer and City
Attorney Edward Hughes were also present.
The Reverend Lee Bennett gave the invocation with the Pledge of Allegiance
following.
Mr. Hugh Lloyd requested free parking for the 1964 Savannah High School class
reunion to be held on the pavilion on May 22 from 5:30 P.M. until around midnight.
Ms. Rachel Perkins addressed Council as Chairman of the Natural Habitat Committee.
Perkins requested that Council go ahead and make a motion to set aside two areas of
unopened streets as nature parks. The two areas are the unopened portion of 5th Avenue
from Highway 80 to 2nd Street and the unopened portion of Maple Street or a portion
thereof. The committee also recommends that the City do some replanting on some of
the City properties especially in J.C. Park.
Mr. Phil 0' Dell said that he has 12 buildable lots in the areas of Fifth Avenue that is
being proposed for a nature park. 0' Dell said that there is an opportunity for an EBS
radio station. This station would compliment WJCL. The station must keep the City
abreast of all current events. The FCC and the FAA have approved this project. The U.S.
Coast Guard and the F.B.I. are also interested. 0' Dell said that the engineering plans are
already in the Zoning Administrators office. 0' Dell said that a parcel 280 by 480 is
roughly natural wildlife at the present time. The Mayor asked if this would be just a
tower. 0' Dell answered that a 6 X 9 building would be needed for equipment. Pearce
asked Hughes if the State and Federal government overrule the City once they have
approved the project. Hughes answered that the Council can regulate where towers can
be zoned, but that our ordinances do not address this issue. Youmans said that 0' Dell
owns land to the west and that Spirides owns land to the east and that the City should not
designate the areas as a nature park. 0' Dell stated that at least one -half of Fifth Avenue
is clear cut already.
Mr. Jack Boylston invited Mayor and Council to be in the Beach Bums Parade on May
28, 1999. Boylston said that the parade will form in the Lighthouse parking lot areas and
begin at 7 P.M. Boylston stated that WTOC will be televising the parade and that it will
be aired on May 30 between the 6 o' clock news and 60 minutes.
Mayor Parker read a proclamation for Municipal Clerks Week and one for National
Nursing Home Week.
Mayor Parker opened the following public hearings, asked for comments and closed
each one according to the law. Mayor Parker stated that it was agreed upon that Shel
Solomon representing Indu Patel could go first in the public hearings.
Mr. Shel Solomon presented Council will a revised Site Plan for the condos at 1609
Strand stating that the factors for this request are property taxes and the maintenance on
the existing property. Solomon said that the first proposal was for 30 units and it would
have covered 100% of the site. Planning Commission rejected this site plan at their
meeting. Solomon said that some changes were made and that the new proposal is before
1
1
1
the Council. Setbacks are as follows; 6 feet off Strand; 10 feet off Boylston Place; 6
feet off Izlar and would be 24 units. The 24 units would cover 75% of the site. Solomon
read a portion of present ordinance on variance and the proposed ordinance. Solomon
said that they just want to be consistent with other properties and that the project meets
the guidelines. Pearce asked where is the undo hardship. Solomon answered on
neighboring properties and that Patel would lose 50% of the value of his property.
Youmans said he believes that money is a hardship factor. Parker asked Hughes if this
new proposal had to go back to Planning Commission for recommendation. Hughes
answered no. Zoning Administrator Byers said that she has a letter from Hussey, Gay,
Bell and DeYoung concerning engineering, parking, drainage, DNR, etc. Byers said that
she has a verbal approval from Bill Nickerson on the revised plan. Byers said that a letter
will follow. Pam 0' Brien said that all paperwork needs to come before Planning
Commission and then be reviewed by the City Manager before coming to Council for a
decision. 0' Brien also stated that we should not encourage residential in the commercial
zones. Henry Levy stated that he strongly objects that the Council would even consider
this site plan before the new site plan has been reviewed by the Planning Commission.
Levy said that there is no reason for a variance, it is bad planning and impractical. Levy
said that requirements for setbacks are stated in the ordinances. Parker said that this site
plan has been advertised and that Council must hold the public hearing. Levy said that it
should not be done like this. Sally Keller told Council welcome to the real world, what
you have here is less impact than what is already existing. Dale Williams was the first
variance applied for during the moratorium and he presented a piece of paper for site plan
approval after the variance for commercial construction was granted by Council. Keller
said that Patel came here with nothing and has worked hard for what he has now. Jeanne
Hutton said that the developers should pay
for the review by Hussey, Gay, Bell and DeYoung, not the taxpayers. Byers said that the
developers do pay H, G, B. & DeY. Byers stated that H, G, B. & DeY. are acting on our
behalf, just like Chatham County engineers used to do for the City. Cullen Chambers
said that Mr. Patel is an honest man and has done a lot for Tybee. Chambers said that he
is part Native American and knows what it is like to have property rights taken away.
Chambers asked Hughes how Council can vote to deny a future variance request if they
vote in favor of this proposal without being sued as we have in the past? Hughes said
that he has been the attorney for over five years and can not recall any suits in the past
relating to denial of a variance. Hughes said that every piece of property is different.
Hughes said that it is a Council call if the proposal meets the hardship criteria. Chambers
asked about standards. Hughes answered that there are no hard and fast standards and
that the standards that apply are stated in the ordinances. Chambers said that is
unprofessional for Planning Commission to see one set of plans and the Council to see
another. Jack Boylston said that he and Mr. Patel have been friends for years and that he
has mixed feelings about what is being done. Boylston said that he built when C1 was C1
and did not ask for any variances. Boylston said that there is a big difference between
need and greed. Jenny Orr said that she thinks the 20 foot set back is too much in the
commercial district and that Mr. Patel should be able to do what he wants with his
property. Orr said that multi - family is compatible with the commercial district. William
Rusher stated that the plans were submitted before the new ordinance took effect. 0'
1
1
Brien said that according to the Master Plan that short-term motel rental is the best
revenue for the City opposed to residential. Levy questioned if it was submitted to the
City 3 months ago then why wasn' t it given to the Planning Commission? Hughes said
that the plans were submitted before the ordinance change not before the moratorium.
Eddie Hall, property owner at Boylston' s Place, stated that the building was built
according to the ordinances. Hall said that Silver Avenue is very congested and that
parking is bad. Solomon said all nine units of Boylston Place back out into Silver
Avenue; only 3 units of Patel' s will back out onto Silver. Parker asked Hughes again if
this needs to go back to Planning Commission. Hughes answered that Council can elect
to send it back but that it is not required. Youmans said that nothing is unusual about this
request, people do it all the time. They make changes requested by the Planning
Commission and then submit them to City Council. Levy said that the Planning
Commission found many discrepancies escaped the notice of the Planning Commission
and the Zoning Administrator. Alton McCullum stated that City Council needs to
support the Planning Commission and that this site plan should be returned to them for
review and recommendations. Youmans said that the Planning Commission is strictly an
advisory board and that there is no reason for this to go back to them.
Attorney Thomas Mahoney, Jr. presented Council with a request for a variance on the
property located at #5 17th Place PIN 4- 9 -5 -3. Mah )ney stated that the site plan was
approved in 98. Mahoney said that there is in small print if you can read it in section 3-
090 (b) concerning the 25 foot setback buffer when commercial abuts residential.
Mahoney said that the building is already built and that there is nothing that they can do
about it now. As a good citizen Ryan is requesting the variance on the rear setback.
Pearce said that when Council passed the site plan that Ryan was supposed to get a
landscape plan. Mahoney answered that Ryan is willing to landscape, as Council deems
necessary. If you plant a single row of bushes then you take away the walkway. Merves
asked Hughes if Council really needed to vote on this issue since the construction is
complete. Hughes answered that he really feels that Council needs to vote in order to
make it legal because when the site plan was approved it was not realized that a variance
would be needed. Mayor said that Bill Farmer caught the error. Mr. Joe Page said that
17th Place is a narrow alleyway and can not put a vehicle in or out without encroaching on
his property. Page also said that the stairway is only 2 to 3 feet from the road. Parker
said that this variance request is for the rear of the property. Mahoney said that the rear
touches residential property and has nothing to do with Mr. Page. Page said that he was
told by City Hall staff that in order to build condos you must have two off street parking
spaces per unit. Denny McNeely this is a residential building built next to a residential
area; didn' t we decide during the moratorium that a condo was residential? Hughes said
that any construction in a commercial district abutting a residential district must have the
buffer of 25 feet. Levy told how many feet it takes to turn certain vehicles around stating
that this is a perfect example of bad planning and that this will probably the next slum
area on Tybee. Parker said that people will just have to be more careful when backing
out.
Attorney Mahoney presented council with the petition from Ryan for a setback
variance at #9 17th Place PIN 4- 9 -5-4. Mahoney said that this is an adjoining structure
one lot removed and it was also approved in December of 98 for a 14 unit condo.
1
1
1
Mahoney referred to the small print again in section 3 -090 (b) stating that this is the same
request as #5 17th Place. Mahoney said that Ryan purchased the property on the basis that
Council had approved the site plan. Mahoney said that this would be a hardship for the
neighborhood, as this structure would look out of place. Mahoney also stated that
Council has the authority to set the standards. Mahoney said that if this request is denied
that the entire project would have to be scraped. Mahoney said that this was an honest
error on City Council and the developer and that the residential property was zoned C 1
and was rezoned to residential. Mahoney said that he takes offense at the comment about
the next slum area. Mahoney said that Ryan acted in good faith and has a vested right as
the Council approved the site plan in December 98. Pearce asked how this was a
hardship on the neighbors? Mahoney answered that it would look lopsided and could
create a blighted area from the neighbors and that this does not effect Mr. Page. Page
asked how many units. Mahoney answered 14 units. Page said that we are talking about
an alleyway. Cullen Chambers said that it is rather ironic when an attorney says you can
hardly read the small print. Chambers also questioned whose responsibility was it to
conform to the ordinances? Hughes said everybody' s. Chambers said that it is a shared
responsibility between the Zoning Administrator, Planning Commission and City
Council and developers. Chambers said that this could be mitigated by all parties
working together to come up with a compromise. Chambers said that mistakes are made
when plans are submitted the night of the decision and that Council is elected to protect
us from these things. Shirley Sessions said that Ryan does quality work, but the density
of the area and the small alleyway should be considered. Sessions asked if it was feasible
to ask Ryan to build smaller?
Ms. Janice Carroll of 701 12th Street PIN 4- 11 -1 -11 requested a setback variance
in order to change the address of her home from 12th Street to 6th Avenue. Byers said that
with the 6th Avenue address that there would not be the 20 -foot setback required by the
ordinance. Levy said that the house is already there. Keller said that Council must take
each case individually. Keller said that both Kearney and Carroll both were for no
variances.
The Site Plan Review for a hotel at 406 Butler Avenue PIN 4- 4 -20 -18 for Tommy
Clark, Jr. has been postponed at Mr. Clark' s request until further engineering study can
be completed. Hughes said that this needs to be readvertised. Byers said that it has been
set for the next meeting. It was the consensus of Council to postpone. Youmans
disagreed.
Byers presented Council with the petition from Roy Kennedy for a minor subdivision
of a duplex at 1405 Jones Avenue PIN 4- 7 -20 -10 stating that the firewall is in place and
that the wording is on the plat. Levy said that Planning Commission approved the
request.
City Manager Farmer presented LDC Section 3 -050 Obstruction of Vision at Street
Intersection for a public hearing and the first reading. Farmer explained that this only
clarifies some grey areas in the ordinance. Youmans said that buildings are not listed in
the present ordinance and that this is just another taking of peoples rights and that we do
not need the change. Levy said that the City Attorney has ruled that a building does not
apply, Byers has the letter, and that Planning Commission did not take any action because
they were confused. Jack Boylston said that when going east on Silver turning onto
1
1
Strand that a car has to get out in the street in order to see any cars. Shel Solomon
questioned if Council was going to grandfather everything in the right of way? Parker
said no, that we should have left the ordinance alone. Solomon said that this ordinance is
very unenforceable. Keller said that if a place is recognized as a traffic hazard maybe
mirrors could be erected. Solomon said that in a highly congested area you always creep
out. Penn Myrick said that you should include parking places. Youmans stated that he
tends to agree with Myrick because he used to paint the yellow lines for the City and that
were no parking spaces allowed within 20 feet of an intersection according to the State
law. Whitley Reynolds said that this ordinance needs more study. 0' Brien said that the
Planning Commission tabled 3 -050 and that Byers was to get a legal opinion from the
City Attorney.
City Manager Farmer explained LDC Section 9 -030 Building Permits Section (b)
stating that this ordinance would make all requirements concerning trees the same thing.
Hughes said that he agrees that all definitions should be the same but that our ordinances
are starting to read like IRS documents. Farmer said that this change would make them
all consistent. Hosti asked why the City has not been enforcing the tree ordinance.
Parker said that this is one way to make it better. Levy said that the planning commission
prefers the word sketch instead of survey. Farmer answered that is what this ordinance
reads. Perkins gave an example and showed 0' Dell' s tree plan explaining that you do
not know what is what on the plan. Perkins stated that on the plan they should show all
the trees on the property and which ones are staying. Perkins offered to help any
homeowner at any time.
Mayor Parker opened the meeting for business legally presented. Pearce moved to
accept the April 19th minutes as written. Hosti seconded. Vote by Council was
unanimous. Pearce moved to adopt the April 22nd minutes as presented. Hosti seconded
stating that a correction on the vote taken on LDC 8 -3 -090 General Provision should be
made, with Hosti against and Merves voting in favor. Vote by Council was unanimous.
Pearce moved to adopt the Resolution for the Savannah River Navigation Project and
Beach Erosion at Tybee Island. Anderson seconded. Hosti stated that the project has
gone through. Parker said that he has spoken with Senators Cleland and Coverdell and
they agree that the beach needs maintenance every year and that it would be reasonable
when they are maintaining the Savannah River that the sand be placed on Tybee beaches.
Vote by Council was unanimous.
Pearce moved to allow the 1964 Class Reunion to have free parking by the Marine
Science Center on May 22 from 5:30 P.M. until. Anderson seconded. Vote by Council
was 3 in favor (Anderson, Hosti, and Pearce); 2 opposed (Youmans and Merves).
Pearce moved to advertise a Public Hearing for the first meeting in June in order
to designate City owned property for nature parks. Merves seconded. Youmans said that
on Fifth Avenue that there are lots that could be developed in the future and that we do
not need to designate any streets like that.
Anderson moved to approve the request from Phil 0' Dell concerning the radio
tower on his property abutting Fifth Avenue off of Highway 80. Hosti seconded asking
how tall? Merves moved that this proposal be sent to the Planning Commission for their
recommendation. No one seconded. 0' Dell said that the FCC window is over in 2
weeks and that the wavelength would determine the height. 0' Dell said that the tower
1
1
1
would be located in the middle of a wooded area. Parker asked about tree removal. 0'
Dell answered that there is one bush. Vote by Council was unanimous.
Youmans moved to approve the setback variance request from Michael Ryan for
#5 17th Place PIN 4- 9 -5 -3. Anderson seconded. Pearce asked about the landscape plan.
Attorney Mahoney said that Ryan will submit a plan to Byers. Vote by Council was
unanimous.
Pearce moved to deny the setback variance request from Ryan for #9 17th Place
PIN 4- 9 -5 -4. Merves seconded. Anderson said that since Council approved the site plan
for this project that Council should let it go ahead. Youmans said that a lot of money was
invested in the project because the site plan was approved. Voting in favor of denial were
Merves and Pearce. Voting against the motion were Youmans, Anderson and Hosti.
Youmans moved to approve the request. Anderson seconded. Voting in favor were
Youmans, Anderson, and Hosti. Voting against were Pearce and Merves.
Youmans moved to approve the setback variance request by E. D. Carroll at 701
12th Street PIN 4- 11 -1 -11. Anderson seconded. Vote by Council was unanimous.
Hosti moved to approve a minor subdivision of a duplex from Roy Kennedy at
1405 Jones Avenue PIN 4- 7- 20 -10. Anderson seconded. Vote by Council was
unanimous.
Pearce moved to send the Site Plan from Indu Patel back to the Planning
Commission. Merves seconded. Voting in favor were Pearce and Merves. Voting
against were Youmans, Anderson and Hosti. Hughes said that Council should do the
variance first and then the site plan.
Pearce moved to deny the variance on setback petitioned by Indu Patel. Merves
seconded. Vote by Council was 2 in favor (Merves and Pearce); 3 opposed (Youmans,
Anderson, and Hosti). Youmans moved to approve the variance based on the new plan
presented to Parker tonight with the #9980 written on it. Anderson seconded. Voting in
favor were Youmans, Anderson and Hosti. Opposed were Merves and Pearce.
Youmans moved to approve the Site Plan. Anderson seconded. Vote by Council was
3 in favor (Youmans, Anderson, and Hosti); 2 opposed (Merves and Pearce).
Anderson moved to send LDC Section 3 -050 Obstruction of Vision at Street
Intersections back to Planning Commission for further study. Youmans seconded. Vote
by Council was unanimous.
Pearce moved to adopt LDC Section 9 -030 Building Permits Section B on its first
reading. Anderson seconded but said that the extra wording needs to be in place before
the second reading. Youmans said that this is just another way to raise more money.
Vote by Council was 4 in favor (Merves, Anderson, Hosti and Pearce); 1 opposed
(Youmans).
Pearce moved to adopt LDC 8 -14 -010 through 080 on its second reading. There was
no second so the motion died. Youmans moved for a continuance on this ordinance due
to the fact that Council received the latest version tonight and have not had time to study.
Merves seconded. Vote by Council was unanimous.
Parker introduced Katie Jo Berkshire from RDC. Berkshire said that she is here
tonight to answer any questions from Council. Merves said that Anderson asked a
question that Chambers answered concerning property. Chamber said that property can
not be placed unless owners approve. Berkshire said that there is spot districts on
1
1
certain select houses. Tybee now has 2 districts on the National Register and 1 pending
approval. Hughes said that some of the language in the ordinance is from the State, but
that owners have a right to appeal to Council. Hughes stated that the Historic Board
would not make all the decisions. Berkshire said that Council appoints the people to the
Historic Board and that they can ask questions of them. Youmans said that this might be
like Kluttz. Berkshire said that there are design guidelines that Council must create.
Berkshire said that this ordinance does not eliminate the property from being destroyed.
Chambers said that people can apply for tax credits and assistance to maintain the
property. Berkshire said that by becoming a certified local government that it gives the
City a tool to bring in development.
Hosti said that last Thursday after the rainfall that he was called and went over to
Lullwater to see the flooding. Hosti asked the status on this issue. Farmer said that the
engineer study has been completed and that the work should go out for bids within the
next two weeks. The drainpipes will go north to Naylor. Byers said that the swales that
Koncul is putting on his property will not be constructed until after the townhouses are
complete. Youmans said that he had 3 inches of water from Lewis Avenue to his front
door. It was a fast and heavy rain that night.
Council decided to put off any decision on the bids that they received just before the
meeting started for a jeep, backhoe and a new roof for City Hall.
Farmer explained the request for naming of Blanco Lane off Tybrisa Street by the
Captain' s Quarters. 0' Dell spoke up and said that piece of property was under contest
at Chatham County.
Pearce moved to adopt the retirement ordinance concerning the COLA for retired
employees on its second reading. Anderson seconded. Vote by Council was unanimous.
Youmans moved to go into executive session to discuss litigation against the City.
Hosti seconded. Vote by Council was unanimous.
Youmans moved to reconvene the regular meeting and to adjourn. Anderson
seconded. Vote by Council was unanimous.
Mayor Walter W. Parker
Clerk of Council
1
1
P R O C L A M A T I O N 1
Municipal Clerks Week
May 2 — May 8, 1999
Whereas, The Office of Municipal Clerk, a time honored and
vital part of local government, exists throughout the world, and
Whereas, The Office of Municipal Clerk is the oldest among
public servants; and
Whereas, The Office of Municipal Clerk provides the
professional link between the citizens, the local governing bodies, and
agencies of government at other levels; and
Whereas, Municipal Clerks have pledged to be ever mindful of
their neutrality and impartiality, rendering equal service to all; and
Whereas, The Municipal Clerk serves as the information center
on functions of local government and community; and
Whereas, Municipal Clerks continually strive to improve the
administration of the affairs of the Office of the Municipal Clerk through
participation in education programs, seminars, workshops, and the annual
meetings of their state, province, county and international professional
organizations; and
Therefore, it is most appropriate that I, Walter W. Parker,
Mayor of Tybee Island, Georgia, do recognize the week of May 4 through
May 10, 1999 as Municipal Clerks Week and further extend appreciation to
our Municipal Clerk, Jacquelyn R. Brown, and to all Municipal Clerks, for
the vital services they perform and their exemplary dedication to the
communities they represent.
Dated this 13th day of May, 1999.
1
1
P R O C L A M A T I O N
Whereas, our Nursing Homes are a blessing to the patients who
live there and to the families who use their facilities; and
Whereas, Nursing Homes provide twenty-four hours of
outstanding medical and psychological care and excellent nursing skills to
those entrusted to them; and
Whereas, The City of Tybee Island is fortunate to have two of
the finest Nursing Homes anywhere; and
Whereas, Savannah Beach and Oceanside Nursing Homes meet
all the standards of the State of Georgia; and
Whereas, the staff renders tender loving care to patients and
their families on a daily basis;
Now, Therefore, I, Walter W. Parker, Mayor of the City of
Tyree Island, recognize the week of May 0 through May 15th, 1999 as
National Nursing Home Week in Tybee Island; and
I further invite all citizens to join with me in honoring our
king homes, their residents, and their staff.
Attest:
This 126 day of May, 1999.
1
1
1
RESOLUTION
CITY OF TYBEE ISLAND, GEORGIA
May 13, 1999
It is the position of the City Council of Tybee Island, Georgia, that:
1. The Savannah Harbor is a necessary and worthwhile facility as an element of an
economic infrastructure benefiting the citizens of multiple States and the Nation.
2. The Savannah Harbor, while exhibiting numerous economic benefits, also
exhibits some adverse environmental and economic impacts, one of which is
increased beach erosion on Tybee Island, within the City limits of the City of
Tybee Island.
3. Tybee Island is located adjacent to, and south of, the ocean channel of the
Savannah Harbor, and is technically in the "downdrift region of the channel" as
part of a natural sand sharing system that transports sand in a southerly
direction along the eastern coastline.
4. The mechanism by which the Savannah Harbor adversely impacts the City of
Tybee Island is by interrupting sand flows and capturing sand which naturally
migrates southerly from areas north of the ocean channel towards Tybee Island,
thereby reducing the replacement of sand that naturally migrates from Tybee
Island and the nearshore areas of Tybee Island southerly towards other barrier
islands of the Georgia coastline. A natural but variable "accretion- erosion"
balance is therefore interrupted, resulting in a sand deficit and net erosion to
Tybee Island.
5. The Tybee Island beach erosion mechanism has a primary as well as a secondary
component. The primary component refers to accretion- erosion deficits at the
shoreline from the sand deficit. The secondary component results from the
accretion- erosion deficit to the ocean bottom in the nearshore areas of Tybee
Island, with the lowering of the ocean bottom creating an increased slope of the
shoreline and near - shoreline areas, which in turn results in greater erosion
impacts from waves and currents on the shoreline.
6. A more complete technical explanation of the relationships between the
Savannah Harbor ocean channel and Tybee Island is contained in attachments
to this Resolution.
1
1
1
7. The first modification to the natural inlet of the Savannah River reportedly
occurred in 1872, with entrance jetties constructed between 1890 and 1896, and
numerous harbor deepening and harbor maintenance dredging projects
occurring over the years. These projects have served to either increase or to
maintain the adverse impacts of the Savannah Harbor's ocean channel on the
beaches of Tybee Island.
8. A proposed Savannah Harbor Expansion Project, which reflects a plan to
further deepen the ocean channel of the Savannah Harbor, may have adverse
environmental and economic impacts on Tybee Island by further increasing
beach erosion. Scientific studies are needed to ascertain the magnitude of such
impacts. These impacts may be direct to the accretion- erosion sand deficit at the
shoreline, or the impacts may include a further lowering of the ocean bottom in
the offshore areas with subsequent increased erosion from wave and current
effects, or combinations of these and/or other impacts may occur.
9. The U.S. Army Corps of Engineers, Savannah District, as well as the Georgia
Ports Authority, have either current or planned studies to further explore the
interrelationships between the ocean channel and beach erosion on Tybee Island.
The City extends its appreciation for these efforts, and will cooperate in any way
to further these and similar studies.
10. Periodic Tybee Island Beach Renourishment Projects have been required at
approximate seven (7) year intervals to replace sand onto the Tybee Island
shoreline in order to maintain a recreational beach and to provide storm
protection to the City. These renourishment projects normally add from one to
two million cubic yards of sand to the shoreline, have a cost of approximately
$6,000,000 to $10,000,000, and are jointly funded by federal, state, and local
governments. An approximate $9,000,000 Tybee Island Beach Renourishment
Project should be completed in late 1999.
11. Harbor Deepening and Harbor Maintenance Projects are normally administered
independent and separate from Beach Renourishment Projects. In 1994 a
Savannah Harbor Deepening Project was successfully linked with a limited
Tybee Island Beach Renourishment Project. Preliminary analyses indicate that
further linking of these projects may provide significant cost savings and other
benefits, namely by implementing such concepts as the "Beneficial Use of
Dredged Materials" concept. Future costly Tybee Island Beach Renourishment
Projects might be unnecessary, by properly disposing of beach compatible
dredged materials from harbor projects on or near Tybee Island.
12. It has been determined that the 1999 Tybee Island Beach Renourishment Project
requires frequent, periodic and limited renourishment to replace the continuing
accretion- erosion sand deficit. This can be accomplished through the beneficial
use of dredged materials from the future harbor maintenance projects, as well as
from the planned Savannah Harbor Expansion (deepening) Project. Studies are
1
1
underway to determine the particulars of effecting these post -1999 linkings of
harbor projects and beach renourishment projects. The most likely process will
probably involve establishing a sediment map of the ocean channel illustrating
the location, composition, and size of various types of materials in the channel,
followed by the selective dredgings of some beach compatible materials and
disposal or placement of such dredgings on or near Tybee Island, with the
dredging and disposal of the remaining materials at other locations.
13. The Tybee Island City Council supports any State or Federal legislation that
promotes the linking of navigation channel projects and beach renourishment
projects that serve to mitigate the adverse environmental and economic impacts
of navigation projects on the nation's shorelines in a cost effective manner.
RESOLVED, this day of ,1999, by the City Council
of Tybee Island, Florida.
Jackie Brown, Clerk of Council Walter W. Parker, Mayor
1
1
POSITION PAPER
OPINIONS AND RECOMMENDATIONS
REGARDING THE
SAVANNAH RIVER NAVIGATION PROJECT AND BEACH EROSION
AT
TYBEE ISLAND, GEORGIA
CITY OF TYBEE ISLAND
MARCH, 1999
HISTORICAL PERSPECTIVE AND EXISTING CONDITIONS
The Savannah River Navigation Project, as it exists today, was developed for the express
purpose of addressing the commercial requirements of the City of Savannah and the State of
Georgia. Navigation related maintenance within the Savannah River theoretically began in 1826
with the removal of obstructions between the City and the sea. The history of dredging illustrates
that only minor quantities of sediment were taken out of the river between initial action in 1872 and
1915; however, after 1915 dredging operations escalated rapidly as channel depth requirements
increased with commercial demands.
From 1733 -1853, the natural equilibrium depth of the Savannah River entrance bar was -12
ft (MLW). Maintenance dredging of the bar for navigation purposes began in 1872. Similarly,
entrance jetties were constructed between 1890 and 1896. Large scale dredging of the bar channel
began in about 1893. For comparison, the entrance channel segment of the existing authorized
navigation project through the seaward bar is currently proposed to be maintained at -50 ft MLW
(plus up to 2 ft of allowable overdepth).
Historically, the construction of the navigation project structures and channel have resulted
in the following major changes to the environs in the vicinity of Tybee Island and the ocean entrance
to the Savannah River:
-1-
1
1
1
• Removal of sand from the naturally occurring sand sharing system by way of upland
and offshore disposal of material resulting from new construction as well as
continued annual maintenance of various federally authorized channel configurations
(Note - present day maintenance alone averages about 8M cy /yr.)
• Confinement and fixation of the ebb tidal and riverine flows by the construction of
two parallel jetties at the mouth of the Savannah River,
• Major redistribution of the naturally occurring ebb tidal shoal platform — including
a collapse of pre- existing shoal formations previously located southward of the ocean
entrance channel in the vicinity of Tybee Island,
• Changes in incident wave energy and associated alongshore transport potential due
to nearshore deepening, and the
• Total interruption of all naturally occurring sand transfer from north of the entrance
channel to the coastal barriers and associated depositional shoal features southward
thereof.
In its natural condition, the Savannah River acted as a source of sand to the ebb tidal shoal
platform and adjacent coastal barrier island complexes. Both the navigation project and other
sediment control works in the Savannah Harbor have interrupted the supply of silica sand to the pre -
navigation project sand - sharing system. Portions of the sand removed are stored within upland
disposal sites. Much of the material is currently sold for construction purposes or used to construct
ever increasing dike dimensions necessary to accommodate sediment derived from channel
deepening (i.e., new work) -- as well as the significant annual maintenance dredging volumes
required at this location.
Although no definitive studies have been attempted to date, it is noted that increased
shoreline erosion at Tybee Island correlates well with the historical significant increase in
maintenance dredging requirements for the Savannah River entrance and navigation channel and the
resultant changes in the ebb tidal shoal platform. It can be reasonably concluded that the
construction and maintenance of the Savannah River federal navigation project, at its current ration
and orientation, permanently interrupted the pre - existing natural sand bypassing system which
existed seaward of the original Savannah River channel(s).
-2-
1
1
1
It appears, therefore, that Tybee Island's present day erosion trend results predominantly from
both sand starvation and ongoing "deflation" of the offshore shoal formation and attendant large
scale morphological changes in the island's littoral system. For example, at the north end of Tybee
Island, in the vicinity of 2nd Street, the -6 ft (MLW) contour has migrated landward over 6,000 ft
since navigation project construction. Further exacerbating sediment losses from the island are the
effects of nearshore flood currents at the north end of the island — resulting from the modified flow
regimen associated with modem day navigation project improvements ( i.e., jetties and channel), as
well as changes in alongshore transport potential due to nearshore deepening.
As with most barrier islands which have been significantly affected by large scale navigation
project construction, portions of Tybee Island initially both accreted and receded due to
improvements to the Savannah River Entrance that were initiated over a century ago. Unfortunately,
development patterns which evolve along shorelines on coastal barriers downdrift of such navigation
projects eventually become consistently adversely impacted by long term deficits to the sediment
supply. Even if temporal, isolated areas of accretion do occur as a result of inlet or river entrance
modifications, the islands generally suffer a reversal in shoreline trends which go from accretional
to net erosional over time. Such is the case at Tybee Island where, after the turn of the century, local
interests were eventually required to combat chronic shoreline recession through the progressive
construction of oceanfront groin fields, seawalls, revetments and other erosion control measures.
All such efforts were both reactive and incapable of addressing the magnitude of the erosion
phenomenon which, as we know today, derives principally from an island -wide, large scale,
sediment deficit.
PRIOR FEDERAL ACTIONS
In 1971, a Federal Shore Protection Project was authorized by Congress for Tybee Island with
the intent of addressing beach erosion. In 1975, a north terminal groin was constructed by the
Savannah District, Corps of Engineers — followed in 1976 by a 2.2M cy beach fill. In 1987, a south
terminal groin was constructed in conjunction with the first project renourishment of 1.36M cy. In
1993, some 1.5M cy were placed in a nearshore area and along the shoreline between the northern
federal groin and approximately 3`d Street. A significant percentage of that material was non -beach
compatible.
WRDA of 1996 extended both the life of the Shore Protection Project (until 2024) and the
southern extent of the authorized limit of work to include the south tip and portions of Back River.
-3-
1
1
1
A 1999 renourishment project intends to place some 850,000 cy of sand and to construct a small,
isolated groin field along a portion of the Back River shoreline.
It should be noted that the existing federal Shore Protection Project does not include a
Section 111 element (Ref: Rivers and Harbors Act of 1968). It is understood, however, that the
Savannah District is presently responding to a request by the City of Tybee Island to perform a
Section 111 Reconnaissance Study for purposes of evaluating navigation projects impacts to the
island shoreline. If favorable, project federal cost - sharing of the existing Shore Protection Project
could be increased. Fundamental long -term "mitigation" associated with navigation project
construction and maintenance cannot, however, be addressed under Section 111.
LOCAL ACTIONS AND STUDY FINDINGS
In 1994/95, a concrete modular groin field was constructed along the southern tip of Tybee
Island in the vicinity of the southern federal groin. Subsequently, a 50,000 cy of sand fill was placed
within the groin field and 285,000 cy placed between the southem federal groin and 13th St. The
work was funded by the Georgia Legislature, through the Georgia Ports Authority, as an interim
shore protection measure.
As a Condition to the Permit granted by the Georgia Department of Natural Resources for
modular groin construction, the City of Tybee Island performed three (3) years of post- construction
monitoring of the Back River and the oceanfront shorelines extending from the Savannah River to
Tybee Inlet. The results of this three year monitoring have been significant in that they have
influenced the design of the federal Shore Protection Project improvements to be constructed at
Tybee Island in 1999. Furthermore, the monitoring has shown that island -wide annual sediment
losses are substantially greater than the estimated losses upon which the federal Shore Protection
Project has been historically predicated. Similarly, the monitoring has verified that potential
sediment losses, along the northern segment of the Shore Protection Project (nominally between 3rd
St. and the north federal groin), are directly associated with the continuing deflation of the historical
nearshore shoal formations at that location. Accordingly, the existing federally authorized beach fill
project is not sufficient to account for navigation - related impacts along northern Tybee Island. Local
interests have long proffered that the only reasonably cost effective method of providing for a sandy
shoreline, and the protection of existing infrastructure northward of 3rd Street, is high frequency
disposal of beach compatible sediments derived from the annual maintenance dredging of the
Savannah River Entrance channel. This conclusion was corroborated by a Special Study of the
1
1
1
Second Street Oceanfront performed for the Savannah District, Corps of Engineers by Olsen
Associates, Inc. in September of 1998. The requisite, average, annual, volumetric requirement at that
location is estimated to exceed 160,000 cy /yr, assuming beach compatible sediment. It is in the
vicinity of 3rd Street northward that the long -term effects of the Savannah River Navigation Project
have been the greatest — due principally to the loss and deflation of the pre - channel nearshore shoal
formations and resultant changes to alongshore transport potential.
PROPOSED NAVIGATION PROJECT MODIFICATIONS
In 1998, the Georgia Ports Authority (GPA) performed a Feasibility Study and a Tier I
Environmental Impact Statement (EIS) associated with the proposed deepening of the Savannah
Harbor Channel to a maximum depth of 50-ft. Simplistically, consultants to the GPA formulated
the project analyses on behalf of the Federal sponsor, i.e., the US Army Corps of Engineers. The
study and EIS were predicated on the assumption that project funding by Congress would occur in
WRDA 1998. Unfortunately, Congress did not address Water Resource matters in 1998. At present,
opportunities for federal funding must wait until WRDA 1999 or 2000, whichever occurs first.
The currently proposed impacts to the Savannah River Harbor project call for over 40M cy
of new work and concurrent maintenance. The total project cost (1998 dollars) is estimated at
$266M. Of that amount, some $93M, or 35% of the total, is proposed as project "mitigation ".
Interestingly, if one evaluates the cost of project construction (without contingency), the actual cost
of proposed mitigation is 71% of the cost of project construction (including all indirect costs).
In their addressing of impacts to Tybee Island associated with project channel deepening, the
GPA utilized an incremental type analysis. Accordingly, historical impacts associated with the
existence of the navigation project channel, jetties, etc., were not considered. The GPA findings
regarding impacts to Tybee Island were therefore negative and can best be summarized by the
following quote from a Preliminary Coastal Erosion Study - Savannah Harbor Deepening (ATM,
1997):
"Interruption of the transport of sediment from updrift beaches to adjacent
beaches is a common cause of coastal erosion. In the Savannah region, the direction
of net littoral transport along the shoreline is to the south. The existing jetties and
maintenance of the present bar channel effectively eliminates any transport of
-5-
1
1
1
sediment from north of the channel to the Tybee Island shoreline. Since this source
is already effectively cut -off, the proposed project is not expected to incrementally
decrease the sand bypassing of the channel. Therefore, erosional effects from
decreased sand sources are unlikely."
At this time, therefore, the GPA has concluded that the issue of historical damage to Tybee
Island -- due to navigation project construction and maintenance — is irrelevant to project related
impact analyses.
PROPOSED MITIGATION AT TYBEE ISLAND BY FEDERAL AND STATE INTERESTS
Historical impacts to Tybee Island, and the pre - navigation project nearshore shoals which
once comprised a portion of the natural sand sharing system, involve the loss of tens of millions of
cubic yards of sand. Accordingly, actual cumulative impacts are far greater than the beach erosion
losses quantified along the Tybee Island shoreline. For all intents and purposes, it is not reasonable
(or feasible) to re- establish pre- project conditions. It is reasonable, however, to mitigate the portion
of the existing navigation project sediment deficit which manifests itself as beach erosion on Tybee
Island. At best, such mitigation should therefore be considered only as incremental. It is proposed
that both federal (COE) and/or State ( GPA) interests bear the responsibility for funding such
mitigation.
The existing Savannah River Navigation Project is maintenance dredged annually in a
manner which is consistent with the federal policy requiring the "least cost" disposal of associated
excavation material. As clearly demonstrated by the Feasibility Study and attached E.LS. recently
formulated for the federal government by the Georgia Ports Authority, environmental, physical or
cultural resources mitigation associated with new work (andits future maintenance) apparently do
not fall under the requirement for "least- cost" expenditures. Interestingly, the GPA's E.I.S. clearly
documents that most of the $90M of mitigation proposed as part of the current Savannah Harbor
Expansion Project is justified on the basis of environmental agency "concerns ", theoretical modeling
of worst case conditions, anticipated safeguards and "potential project impacts." The E.LS. does not
irrefutably prove or conclude that any of these impacts will occur as a direct result of the Harbor
Deepening project. Many of the environmental issues are even discussed in the context of
cumulative (or incremental) long -term, project related impacts which therefore warrant advance
mitigation.
-6-
1
1
1
For purposes of offsetting impacts to Tybee Island associated with navigation project
construction and maintenance at the entrance to the Savannah River, mitigation elements should be
implemented as part of the proposed channel deepening project. All work should be formulated
integrally with the federal navigation project with the• associated costs to be borne by the project
sponsor(s). Requested mitigation elements are as follows:
1. Beach Disposal - At a minimum, 250,000 cubic yards of beach compatible sand should be
disposed of annually on Tybee Island from the ongoing maintenance of the Savannah River Entrance
channel (est. as sta. 0+00 seaward to sta. - 85+000). The location of sand placement would be
dictated by the City of Tybee Island and would again be determined on the basis of an ongoing,
comprehensive beach monitoring program, or
2. The project sponsor(s) should provide an equivalent annualized sediment volume (i.e., 750,000
cy) every three (3) years from within the project limits -- or a suitable alternate source, if more cost
effective. Location and spatial extent of fill placement would be determined by the City of Tybee
Island, or
3. The project sponsor(s) should provide sufficient monetary compensation to the City of Tybee
Island for purposes of shore protection construction by the City in a manner that they deem to be
most in the public interest.
Just as the State and Federal project sponsors have determined that certain "potential"
environmental impacts should be mitigated, compensated or eliminated, the City of Tybee Island
feels similarly compelled to be adequately considered in the issue of historical, ongoing and future
erosional impacts due to navigation channel modification and maintenance. As a "stakeholder" in
the process of resource impact evaluation, the City believes that Coastal Zone Consistency alone
provides ample justification for the implementation of the mitigation elements discussed herein.
-7-
1
1
1
AN ORDINANCE
An Ordinance to amend an Ordinance approved May 1, 1987, as amended,
establishing a retirement plan for the employees of the City of Tybee Island, Georgia
and setting forth the joint trust agreement and the contract for the administration of said
plan by the City and the Georgia Municipal Employees Benefit System as provided by
O.C.G.A. § 47 -5 -1 et seq., so as to provide for an annual cost of living adjustment; to
provide an effective date; to repeal conflicting ordinances; and for other purposes.
BE IT ORDAINED by the Mayor and Council of the City of Tybee Island,
Georgia, and it is hereby resolved by the authority thereof:
Section 1. The Ordinance establishing a retirement plan for the employees of
the City of Tybee Island, Georgia, and setting forth the joint trust agreement and the
contract for the administration of said Plan between the City and the Georgia Municipal
Employees Benefit System as provided by O.C.G.A. § 47 -5 -1 et seq., is hereby
amended by adding new Sections 50 and 51 to Article II, to read as follows:
"Section 50. Cost -of- Living Base Figure shall mean the current Average
Cost -of- Living Index Figure of a Participant as of his actual Retirement
date or any subsequent annual adjustment date. The Cost -of- Living Base
Figure for beneficiaries receiving pensions shall be the Current Average
Cost -of- Living Index Figure beginning on the annual adjustment date
1
1
following such beneficiary's entitlement to a
Pension or any subsequent
annual adjustment date.
Section 51. Current Avera. e Cost -of -Livin
Consumer Price Index figure relative to the United
the month of November
most recently issued by
Statistics of the United States Department of La
bor."
Sects Said Ordinance is
• further amended by adding new Section 8 to
Article V, to read as follows:
"Section 8 . Cost -of- Living Adjustment.
a. The amount of benefits
payable under this Plan to a
Participant or his Beneficiary shall be adjusted
Cost -of- Living Index Figure as r by the Current Average
provided herein.
b. The Current Average Cost-of-Living Index ex Figure shall be
ascertained as of January 1 in each year.
c. Each Monthly Retirement Benefit then being received shall
thereupon be adjusted as follows:
(1) Each Monthly Retirement Benefit shall be in
the percentage the Current Average Cost-of-Livin creased by
over each recipient's Cost-of-Living Index Figure increased
g Base Figure. If the Current Average
Cost -of- Living Index figure is less than the Ave
Figure determined on January 1 o Average Cost -of -Living Index
of the previous calendar year, no
Index Fi
ure shall mean the
Sates as a whole for
the Bureau of Labor
2
1
1
1
reduction in the Monthly Retirement Benefit shall be effected. Increased
benefits are payable at the end of the month in which the adjustment meet is
made.
(2) Notwithstanding the foregoing provisions, no increase in
the amount of a Monthly Retirement Benefit due to changes in the Current
Average Cost -of- Living effective at any annual adjustment date Ja
( nuary
1) shall be in excess of three percent (3 %) of the amount of the Monthly
Retirement Benefit payable immediately prior to each Participants
or
Beneficiary's applicable adjustment date."
Section The rights and obligations under the Plan with respect
whose employment or term of office with the Employer p t to persons
p oyer is terminated for any reason
whatsoever prior to the effective date of this amendment are fixed
governed by such Plan as existed and was in effect and shall be
ct at the time of such termination.
Sects The effective date of this amendment shall be
1999.
1,
Sect _6. All Ordinances and parts of Ordinances and agreements
herewith are hereby expressly repealed. in conflict
3
1
1
ORDAINED this day of
Attest:
City Clerk
(SEAL)
Approved:
Attorney
4
, 199_
City of Tybee Island, Georgia
Mayor