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HomeMy Public PortalAbout19990527CCMeeting1 1 1 @ @ITEM 1999 -05 -27 Council Meeting Minutes Mayor Walter W. Parker called the May 27, 1999 Council meeting to order at 7:30 P.M. with the following members of Council present: Ed Merves, Jack Youmans, Anne Monaghan, Donald E. Anderson, Jr., Michael A. Hosti and Mallory Pearce. City Attorney Hughes and City Manager Farmer were present. After the invocation delivered by the Reverend Lee Bennett the Pledge of Allegiance was recited. Tiffany Dennis, Director of the Tybee YMCA, gave an update sheet to Council on all the activities taking place on Tybee. Dennis said that 227 people are registered for the different activities. Dennis said that she has cut back on hours at night and might cut hours on Sunday to 1 P.M. until 4 P.M. Monaghan said that there is some confusion about whether you have to be a member or not in order to participate in the teen activities. Monaghan also stated that the YMCA is now booking the Memorial Park. Monaghan questioned Dennis about adult tennis. Dennis replied that it might happen, but that youth tennis starts on the 1st of June. Hosti said that the only complaint that he has heard is that there is not enough room. Merves asked about detail on the Skateboard Park. Dennis answered that she did not have anything prepared, but has looked at a few locations. Dennis stated that she has a lot of volunteers willing to help. Dennis also said that the park could be used for hockey also. Youmans asked who would carry the insurance? Merves questioned the insurance at Lake Mayer and if a city facility couldn't be sued? Hughes said that immunity is not what it used to be and we can always be sued and that the City needs to check with GIRMA. Merves asked if the City would be any more liable in the parking lot that at a facility. Hughes said if a hole was in the parking lot and the City was aware of the hole, yes. Alice Martin states that Tiffany was doing a great job, but can not show movies because of copyright, etc. Henry Levy said that the Historic Ordinance would not prevent a man from tearing down a house, but that building back is a problem to standards of the ordinance. Cullen Chambers said that the majority does rule. Chambers said that this is an enabling ordinance, the materials that are used now are high tech that did not exist back then. Levy said that the Historic Board is not set up like the Planning Commission. Alice Martin made a statement on the ordinance change for regular and special meetings coming before Council during open session. Mayor Parker referred to a proclamation on Management Week in American and one for National Flag Day, June 14th. Mayor Parker opened the meeting for business legally presented to Council. Hosti moved to adopt the May 13th Council minutes as presented. Pearce seconded. Hughes said that he faxed some changes and corrections to the minutes. Vote by Council was unanimous. Pearce moved to approve the bills for the month of April. Monaghan seconded. Vote by Council was unanimous. Pearce moved to adopt section 2 -1 -11 Regular and Special meetings on its first reading. Monaghan seconded. Youmans said that we changed to two meetings a month in order to get out at a decent hour. Voting in favor were Merves, Monaghan and Pearce. Voting against were Youmans, Anderson, and Hosti. Mayor Parker broke the tie by voting in favor of the first reading. 1 1 1 Hosti moved to approve the alcohol beverage license for Herbert Hubbard located at 1518 Butler Avenue — Rascal's Lounge & Pizza King. Pearce seconded. It was noted that this is a transfer from Nick Alexander. Monaghan stated that perhaps Council needs to look at control because we have enough liquor licenses. Youmans said that Tybee was made on liquor. Byers said that all alcohol licenses have a restaurant license too. Vote by Council was unanimous. Hosti moved to accept the Intergovernmental Agreement with the State on Beach Renourishment. Pearce seconded. Vote by Council was unanimous. Hughes explained the Intergovernmental Agreement with Chatham County on Beach Renourishment. Hughes said that the alternative to this agreement is that we reduce the project. Youmans said that Council agreed to use the 1st one half million of the SPLOST funds to pay off the water storage tank. Pearce asked if the County is going to withdraw or will the City get the money eventually? Hughes answered that the funds depend on money being there at the end of SPLOST and that the County is worried that the revenue might not be taken in. Merves said that the project is suppose to start in September and that should take it when you can. Pearce moved to accept the agreement. Hosti seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). Farmer said that Hargray Wireless wants to switch from Fort Screven water storage tank to the water storage tank on 2nd Street. Farmer recommends that Council take no action at this time. Youmans moved to deny the resolution for the GMA By -law changes. There was no second. Pearce moved to adopt the resolution on the GMA By -law amendments. Merves seconded. Council vote was five in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). Pearce moved to adopt the Water Sewer Compliance Maintenance resolution. Monaghan seconded. Vote by Council was unanimous. Pearce moved to accept the bid from Alpha for the construction of the Inlet Avenue Storm -water Discharge in the amount of $128,620. and to modify the budget. Hosti seconded. Parker questioned about the grant. Fripp answered $25,000. Hosti asked where the money is coming from. Farmer answered a budget adjustment in General Fund. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). The next item on the agenda was bids for the City Hall roof. Farmer said that there were 3 bids, one being for a metal roof which is 3 times as expensive. Hosti said the metal roof would last twice as long. Farmer answered that was questionable. Farmer said that Pye recommends the 20 -year roof. Pearce asked if the roof was in the budget. Fanner answered that a budget amendment from the contingency line item is needed. Pearce moved to approve the bid from Smith Roofing in the amount of $7,480. Monaghan seconded. Vote by Council was unanimous. Hosti said for the color tile to go with white. Farmer said that bids on the backhoe and new Jeep for DPW does not have to come before Council for approval. Hosti stated that he feels uncomfortable with three names on the bids being the same for the John Deere Backhoe. Youmans asked if there was something about money. Farmer said that there is $50,000. in the budget for this year. One vehicle will be financed for one year and the backhoe will be financed over a 1 1 1 two -year period so it will be under budget for 99. Hosti asked about the old tractor. Farmer answered that it is being traded. Hughes explained his letter of April 27, 1999 concerning reconsideration of a motion stating that it would be easier to re- advertise a public hearing on the setbacks in C 1 and C -2 because of the conflict between Robert's Rules of Order. Hughes said that it is easier to handle one at a time and that it needs to be in ordinance form. Merves moved to re- advertise for the public hearings. Anderson seconded. Vote by Council was 4 in favor (Merves, Youmans, Anderson and Hosti); 2 opposed (Monaghan and Pearce). Pearce moved to adopt Section 8 -9 -030 Building Permits Section B on its second reading. Monaghan seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). Pearce moved to adopt Sections 8 -14 -010 through 8 -14 -080 Historic Preservation on its second reading. Monaghan seconded. Youmans said this is just another way of taking peoples rights. Vote by Council was 4 in favor (Merves, Monaghan, Hosti and Pearce); 2 opposed (Youmans and Anderson). Pearce moved to adopt Section 8 -5 -020 Permits or Actions Under the Ordinance, Paragraphs A.B.C.D.E.F. & G. on its second reading. Monaghan seconded. Hosti and Merves said that these sections need to be spelled out. Farmer said that this is a little more help and gives reference. Vote by Council was unanimous. Pearce moved to adopt Section 8 -5 -040 Application for Permits or Action, Paragraph C on its second reading. Merves seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). Farmer recommended that Council take no action on Section 8 -3 -080 Off - Street Parking Requirements, Paragraphs A, C, and E. Pearce moved to adopt Section 8 -5 -010 Permits Required for Construction, Paragraph (I) Tree Removal on its second reading. Merves seconded. Vote by Council was 4 in favor (Merves, Monaghan, Anderson and Pearce); 2 opposed (Youmans and Hosti). Farmer presented Council with a handout of Port Wentworth's gym/community complex. Farmer said his proposal would include a City Hall. The approximately 17000 square feet would cost 1.5 million dollars. Youmans stated he did not know if the money in the Gym Fund could be used for a City Hall because that money was reserved for a gym. Youmans said that we do not need to get into the conference business. Anderson said we do not need a new City Hall. The Mayor stated to keep in mind we may need to add to the proposed structure. Merves stated that he agreed with Youmans and Anderson. Merves would like to see a layout of where the building would be located in the park with the pool and Skate Park included. Merves said he is not in favor of a gym for Council meetings. Merves said that there is space in the annex and in the old school that could be used for a City Hall. Monaghan felt that the City should go ahead with the whole bid package. Monaghan said that this would not just be a gym but a multi - purpose room. Monaghan said that the City needs a larger facility for meetings with up to date electrical facilities to utilize modern equipment for presentations. Monaghan said that the present City Hall could be turned into a cultural art building. Hosti stated that with new satellite technology we will be out of the tower business shortly. Pearce stated that if the structure is designed correctly it can be used to store emergency equipment. Hughes said where is the 1.5 million dollars over a five -year span 1 1 1 coming from? Hughes said that unless this is an intergovernmental agreement, that you can not just sign a note at a bank. Farmer stated that there are several possibilities including floating bonds or lease from someone else. Merves motioned to go ahead with the gym complex excluding the City Hall. Youmans seconded. Hosti was out of the room during the vote. A vote was taken with Monaghan casting the opposing vote. Pearce moved to approve Section 6 -1 -10 Municipal Utilities on its first reading. Merves seconded. Youmans question the percentage of increase. Farmer answered that some fees go up and others come down. Farmer said that single family construction was exempt from aid to construction. Farmer also stated that the engineers recommended these figures. Vote by Council was 4 in favor (Merves, Monaghan, Anderson and Pearce); 2 opposed (Youmans and Hosti). Youmans moved to deny Section 8 -3 -090 Schedule of Development Part D Greenspace. Anderson seconded. Monaghan asked where the added language was that she asked to be in the ordinance? Voting to deny were Youmans, Anderson and Hosti. Opposing denial were Merves, Monaghan and Pearce. Parker broke the tie by voting with councilmembers who opposed. Youmans motion failed. Youmans moved that this issue be re- advertised for a public hearing. Pearce seconded. Vote by Council was unanimous. Pearce moved to adopt Section 8 -5 -080 Site Plan Approval on its first reading. Monaghan seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). Youmans asked Council if they realized that they had just approved on first reading two different types of site plans — conditional and unconditional. Hughes said that this issue needs to be advertised again in order to fix site plan approval so that everything can be handled at one time. Pearce moved to continue Section 8 -5 -090 Variance. Seconded by Merves. Hughes stated that he has never been comfortable with use variances. Hosti said that he prefers that they not be included in the ordinances. Pearce moved to delete B -3 definition; C -3 parts a through e. Merves seconded. Vote by Council 4 in favor (Merves, Anderson, Hosti and Pearce); 2 opposed (Youmans and Monaghan). It was the consensus of Council to leave Section 8 -7 -050 Tree Removal Requirements, Paragraph A alone. Hosti said that he would like to see this ordinance enforced. Youmans agreed stating that or either throw them out. Pearce moved to adopt Section 8 -7 -060 Significant Trees, Paragraph (B) on first reading. Monaghan seconded. Youmans asked why do we need this ordinance? Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). Pearce moved to adopt Section 8 -7 -070 Tree Protection During Development on its first reading. Monaghan seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans). Clerk of Council Mayor Walter W. Parker 1 1 Bills for the Month of April 99 General Government Administration 38,572.28 Inspection 10,167.66 Special Appropriation 39,245.96 Police 69,484.31 Fire 5,589.18 Public Works 61,607.65 Sanitation 39,963.07 Recreation 4,546.16 Lifeguards 2,428.80 Parking 32,840.49 Total of General Fund Expenditures 304.445.56 Water Sewer 149,184.16 Fund Three Beach Renourishment _0_ Fund Four SPLOST 98 Other Misc Drainage Capital 7,416.50 1 1 1 PROCLAMATION WHEREAS, The National Management Association, joining with co- sponsoring organizations, has established Management Week in America, a special time to recognize the profession of management and to appreciate the contribution of the millions of American managers to the American Competitive Enterprise System; and WHEREAS, The Gulfstream Management Association, a member of the National Management Association, with over five hundred local members, shares the goal of advocating sound leadership and management practices on behalf of the board spectrum of businesses, industries and public sector organizations; and WHEREAS, The Gulfstream Management Association devotes itself to the success of our American free enterprise system, using the talents and energies of their membership to ensure the smooth operation of business, and to maintain high levels of productivity; and WHEREAS, The City of Tybee Island, Georgia, is proud to recognize that the Gulfstream Management Association is the first local chapter of the National Management Association; making significant contributions to the improvement of leadership and management and the promotion of business in our area; and, WHEREAS, the Gulfstream Management association also contributes greatly to the opportunities for the youth of our community by sponsoring many valuable career and educational incentive projects throughout our school system and community: NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, IN RECOGNITION AND SUPPORT OF THE VALUABLE SERVICES PROVIDED TO ALL CITIZENS BY THE NATIONAL MANAGEMENT ASSOCIATION AND ITS CHAPTERS, DO HEREBY PROCLAIM June 7th THROUGH June 12th, 1999 AS.NATIONAL MANAGEMENT IN TYBEE ISLAND, GEORGIA, AND URGE ALL CITIZENS TO JOIN THE GULFSTREAM MANAGEMENT ASSOCIATION IN PARTICIPATING IN THIS ANNUAL CELEBRATION OF MANAGEMENT WEEK IN AMERICA. THIS 27TH DAY OF MAY, 1999. Mayor Walter W. Parker • <�r\r< -- `� ---ti2 clerk / C ncil Jacquelyn R. Brown J 1 9.1.8 PROCLAMATION WHEREAS, by Act of Congress of the United States dates June 4, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dates August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY;" and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and WHEREAS, on December 8, 1982 the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June14; and WHEREAS, as by act of Congress Public Law 99 -54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity. a democracy in a republic. and stands for our county's devotion to freedom. to the rule of all, and to equal rights for all: and NOW, THEREFORE, The City of Tybee Island, does hereby proclaim June 14, 1999 as Flag Day for georgia and urge all citizens of Georgia to pause at 7:00 P.M. (EDT) on this date for the 20th annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. 1�layor Walter W. Parker Clerk LJ it Jacquelyn R. Brown Page 1 of 2 1 1 1 RESOLUTION WHEREAS, The City of Tybee Island is supportive of the Coastal Empire Credit Unions; and WHEREAS, The City of Tybee Island is in favor of fostering good will and understanding between the credit unions in our local area, the Georgia Credit Union Affiliates and the National Association of Cooperative Savings and Credit Unions of Poland and their organizations and representatives; and WHEREAS, The City of Tybee Island is also happy to welcome international visitors from the National Association of Credit Unions of Poland to "Georgia's front -yard playground; NOW, THEREFORE, BE IT PROCLAIMED, AND IT IS HEREBY PROCLAIMED that Wednesday, May 19, 1999 is "Polish- Georgia Credit Union Unity Day in Tybee Island, Georgia; and BE IT FURTHER PROCLAIMED that Eugeniusz Kwaittowski Credit Union, represented by Miroflaw Dembinski and Zebigniew Puniewski, and the Fort Stewart Georgia Federal Credit Union represented by Elaine Tuten and Patty Anderson, a Tybee citizen, are hereby recognized for their efforts to promote international good will and understanding; AND BE IT FURTHER PROCLAIMED that the Stefezyk Credit Union represented by Jozef Boryczko and Stanislaw Komendacki and the Georgia Heritage Federal Credit Union represented by Jerry Gill and Mary Nevis are also deservedly recognized for their interest in fostering international good will. Attest: This 19th Day of May, 1999. Mayor 1 1 1 MEMORANDUM OF UNDERSTANDING AND INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT made and entered into this 011 day of (1 Ail , 1999 by and between the State of Georgia acting by and through its Department of Natural Resources (hereinafter referred to as the "DNR ") and the City of Tybee Island (hereinafter referred to as the "City") WITNESSETH: WHEREAS, the City as non - federal sponsor and and the Department of the Army (hereinafter referred to as the "Government ") have entered into a Project Cooperation Agreement for purposes of construction upon Tybee Island, Georgia of a beach renourishment project ( "Project "); and WHEREAS, the Georgia General Assembly in 1997 and 1998 authorized the sale of the State's general obligation bonds in the total amount of $2,800,000 to be used in construction of the Project; and WHEREAS, pursuant to the Project Cooperation Agreement, the non - federal sponsor, the City, is required to contribute over the period of construction of the Project a cash contribution calculated in accordance with said Agreement, which shall include a credit for the $2,800,000 in funds provided by the State of Georgia; and WHEREAS, the City agrees that upon its receipt of the $2,800,000 in funds provided by the State of Georgia through DNR, it will immediately pay such funds in full to the Government specifically for use in connection with the Project and pursuant to the Project Cooperation Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements, the City and DNR do hereby agree as follows: (1) The City shall receive and then immediately deliver to the Government the monies to be provided by the DNR totaling $2,800,000 and such money shall be used first during the initial construction phase of the Project. 1 1 1 (2) It is understood and agreed between DNR and the City that DNR shall not be liable or responsible to ascertain the terms or conditions of any provision of the aforementioned Project Cooperation Agreement between the City, as non - federal sponsor, and the Government. (3) It is expressly understood by the City that the State of Georgia is not obligated by any of the provisions, terms, or conditions of the Project Cooperation Agreement between the City as non- federal sponsor and the Government and DNR is executing this agreement for the sole purpose of indicating its willingness to provide to the Government, through the City, $2,800,000 for consideration of the construction of the Project by the Government, as provided by the General Assembly of Georgia and, further, to confirm the commitment of the City to deliver such funds immediately to the Government for use in such Project. IN WITNESS WHEREOF, the Department of Natural Resources and the City of Tybee Island have executed this Agreement, this day of , 1999. GEORGIA DEPARTMENT OF NATURAL RESOURCES ATTEST: By: LONICE C. BARRETT, Commissioner CITY OF TYBEE ISLAND, GEORGIA By: G. P3 C R. BROWN, CLERK (SEAL) WALTER W. PARKER, Mayor 2 MAY. 21 ' 99 (F111) 09 48 KAR&MAN, BROOKE & CALLAWAY. P. C. 912 2 38 2 ^67 PACE. 5/12 Z Z STATE OP GEORGIA ) COUNTY OP CHATHAM ) MEMORANDUM OP UNDERSTANDING AND INTERGOVERbTMENTAL AGREEMENT ,r� THIS AGREEMENT, made and entered into this a day of ° or , 1999, by and between CHATHAM COUNTY, a political subdivision of the State of Georgia, hereinafter referred to as *County* and the CITY OF TYBEE ISLAND, GEORGIA, hereinafter referred to as *City.* W I T N E S S B T J WHEREAS, the Constitution of the State of Georgia of 1983 in Article 9, Section 3, paragraph 1, provides that municipalities and counties of this state may contract with each other for the provision of services through intergovernmental agreements for a period not to exceed fifty (30) years; and WHEREAS, the City has agreed with the Department of Army hereinafter referred to as *Government *, for purposes of construction upon Tybee Island, Georgia Project at Tybee Island, Chatham County, Georgia, pursuant to Section 201 of the Flood Control Act and designated by the Assistant Secretary of the Army (Civil Works). on August 24, 1998 of the 'Special Report of the South Tip Beach /Tybee Creak Portion of Tybee Island Beach Erosion Control Project, Georgia *, dated November, 1997, revised May, 1998, for purposes of providing periodic nourishment to the Oceanfront Beach and future notching of existing groins at South Tip Beach; construction of a groin in Tybee Creek; and other associated projects; and 1 MAY. 2: '99 (FRI) 09:49 KARBMAN, BROOKS 8c CALLAWAY, P. C. 9:2 238 2767 PAat 6/:2 Z3 WHEREAS, the City has the opportunity as part of this program and agreement with the Government to obtain substantial contributions and funding in support to share the total cost of construction of the beach renouriehment project and various ancillary designated projects; and WHEREAS, the City, in order to take advantage of governmental sharing of cost, anticipates that it will need available to it one million ($3.,000,000.00) dollars for its contribution share and the City does not currently have said sum for purposes of funding said project at the present time; and WHEREAS, the City, is a participant under the authority of Article III of Chapter 8 of Title 48 of the Official Code of Georgia Annotated for purposes of participating in a Special Purpose Local Option Sales Tax and Use Tax ( SPLOST) approved by the voters of Chatham County, Georgia; and WHEREAS, the City is a signatory to an intergovernmental agreement for the distribution of the Special Purpose SPLOST proceeds by the County to municipalities for purposes of capital outlay projects, and that it is contemplated in the resolution and intergovernmental agreement that proceeds to the City for drainage and capital improvement projects under "attachment one" of the resolution include beach renouriehment projects; and WHEREAS, the Special Purpose SPLOST tax will, in the future, generate sufficient revenue to fund those capital improvement projects designated within "attachment one" of the Resolution and Intergovernmental Agreement; and 2 MAY. 21 ' 99 (PRI) 09 50 KARSMAN, BROOKS & CALLAWAY, P. C. 912 238 2767 PAGE. 7/12 • 1 WHEREAS, the City does not have the necessary funding and capital to design or participate in said beach renourishment project without Government assistance at the current time; and WHEREAS, the City has approached the County to assist it and ensure the well being of the public safety of the citizens, together with providing a recreational opportunities for the citizens of Chatham County by participation in this beach renourishment project; and WHEREAS, the County desirea to assist the City in providing this necessary project for the health and safety of the citizens, ae well as recreational opportunities for the citizens of Chatham County; and WHEREAS, there is no specific legal prohibition for Chatham County to loan a portion of the Special Local Option Sales Tax Fund to the City in the amount of one million ($1,000,000.00) dollars in its One Percent Sales and Use Tax to complete certain capita]. projects, including beach renourishment, and said SLOST tax shall generate sufficient funds for these capital improvements during the period of October 1, 1998 through September 30, 2003; and WHEREAS, the Commissioners of Chatham County have reviewed this Intergovernmental Agreement; and WHEREAS, at the official meeting of Chatham County on April 9, 1999, Chatham County agreed to loan one million ($1,000,000.00) dollars to the City to be drawn down as needed from said project and to pay the interest rate in the amount of (5%), constituting the amount that Chatham County pays for purposes of borrowing sPLOST funds; and 3 MAY. 21 ' 99 (FSI) 04 50 KAABIKAN, BROOKS 8c CALLAWAY, P. C. 912 236 2767 PAGE. 8/12 • Q WHEREAS, the parties to this Agreement understand that during the period of 1998 -2003, that there shall be sufficient money generated to fund those capital improvement projects that were originally anticipated as part of *attachment one* to the resolution and Intergovernmental Agreement between the County and municipalities; and WHEREAS, the Intergovernmental Agreement for the disposition of Special Purpose Local Option Sales Tax proceeds includes a commitment by Chatham County to distribute to the City of Tybee island one million ($1,000,000.00) dollars of funds received for capital improvement projects under *attachment four* of the Resolution should said funds. become available for distribution in accordance with the terms of the Resolution and the Agreement among Chatham County and Chatham municipalities. WHEREAS, the City agrees that it will exercise its judgment as is necessary to ensure these funds shall be used for beach renourishment. NOW, THEREFORE, in consideration of the mutual covenants and agreements, the City and County do hereby mutually agree as follows: 1. Upon execution of all documentation being necessary by the County, that it will extend to the City the sum of one million ($1,000,000.00) dollars to be drawn down by the City as needed for its share of the cost of the project enumerated in this agreement and to secure the participation of the U.S. government in sharing portions of the cost of project, the City representing that all 4 MAY. 21 '99 (FR1; 09.51 KARSMAN, BROOKS & CAI.LAWAY, P. C. 912 238 2767 PAGE. 9/12 funds borrowed will be used and associated with this specific project and that any unused funds shall be returned to Chatham County immediately for purposes of reducing the principal amount of this loan. 2. The County will loan one million ($1,000,000.00) dollars to the City from Special Local Option Sales Tax reserved for specified projects designated for certain beach renourishment in "attachment one" of the resolution and Intergovernmental Agreement and that the City shall repay said principal amount of loans and all outstanding unpaid balance of principal bearing interest at the rate of five (5) percent per annum until paid in full. The interest upon said principal amount shall not run upon said funds until such time as the City has drawn down said funds. 3. The City, as security for a source of repayment of this outstanding loan, does agree to pledge as security, an amount of up to one million ($1,000,000.00) dollars of proceeds that the City anticipates receiving as a result of any distribution from the 1998 -2003 One Percent Special Local Option Sales Tax for those projects designated in "attachment one" of the resolution and Intergovernmental Agreement. 4. The. City does agree to grant as security for this loan the right of the County to refrain from making a distribution of the 1998 -2003 SPLOST fund amount designated for the City of up to one million 5 MAY. 2: * 99 (FR: ) 09 52 • w KARSMAN, BROOKS Rc CALLAWAY, P. C. 912 298 2767 PAGE. 10!12 ($1,000,000.00) dollars, plus interest, until the outstanding of the balance of loan is paid in full. 5. In further consideration of the County making this loan, the City does hereby agree that should any distribution under the 1998 -2003 SPLOST funds not be sufficient to amortize the principal and outstanding accrued interest, the City will agree to repay said funds from the general revenue of the City. 6. That the principal amount of the loan shall be for one million ($1,000,000.00) dollars and shall be for a term not to exceed September 30, 2003. That at the conclusion of this term, upon the date of the execution of this document, the entire outstanding principal amount, together with any accrued interest shall be due and payable unless paid sooner by the City. 7. Should the City fail to pay the entire outstanding principal and interest due not later than September 30, 2003, all outstanding principal and accrued interest shall bear interest at a rate of twelve (12) percent per annum thereafter until paid. The City grants the County the right to withhold any distribution of proceeds under the 1998 -2003 Special Local Option Sales Tax until paid in full in its entirety. 8. The City by execution of this agreement recognizes that the funds requested herein constitute a loan of proceeds of the Special Local Option Sales Tax, and as such, do hereby pledge the full faith and credit of the City to 6 WAY. 21 99 (FRI} 09:52 KARSMAN. BROOKS & CALLAWAY. P. C. 912 238 2767 PAGE. 11!12 ensure full and complete repayment of the principal amount with interest and will not at any date in the future request the County in any manner to forgive or forego the collection of the full amount of said indebtedness. 9. That the City will, upon request of .the County, provide an accounting of all proceeds of this loan to demonstrate that the funds were used for the purpose of the project contemplated by this loan. 10. The County agrees that upon the request of the City to draw down or fund said one million ($1,000,000.00) dollar loan, that the County within ten (10) days of said request shall fund said money to the designated governmental entity or escrow account as directed by the City. 11. Notwithstanding any other provision hereof, nothing in this Agreement shall impair or affect the obligation of the County or the right of the City to receive one- fourteenth, but not more than one million ($1,000,000.00) dollars, for beach renourishment projects from SPLOST proceeds received by Chatham County for distribution for "attachment four" projects should funds become available for distribution in accordance with the Resolution and Agreement between Chatham County and the Chatham Municipalities. 7 1 o. MAY. 21 '99 (FR!) 09:53 KARSMAN. BROOKS & CALLAWA`l, R. C. 912 238 2767 PACE. 12/12 IN WITNESS WHEREOF, the County and City have caused this Agreement to be duly entered into and executed this 21 day of _ , 1999. CITY OF TYBEE ISLAND Witness Walter W. Parker, Mayor BY: Notary Public Witness Dr. Billy B. Hair, Chairman Board of Commissioners ATTEST �G- City c ark (SEAL) CHATHAM COUNTY, GEORGIA BY: Notary Public ATTEST: Sybil E. Tillman Clerk of Commission (SEAL] 1 A RESOLUTION WHEREAS the Board of Directors of the Georgia Municipal Association recommended amendments to the GMA bylaws to implement the new district boundaries for GMA; and, WHEREAS Article X, Section 1 of the GMA bylaws provides for mail ballots by GMA member cities for approval or disapproval of a proposed amendment; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Tybee Island , that the City of Tybee Island Select one: ® Approves ❑ Disapproves the attached 1999 GMA bylaw amendment. BE IT FURTHER RESOLVED that this ballot shall be returned to the Georgia Municipal Association, attention LEGAL DEPARTMENT, by the city clerk, on or before June 15, 1999. RESOLVED this 27th day of May , 1999. Mayor 1 1 1 Description of 1999 GMA Amended Bylaws Article V The changes to this Article assure that at least 2 officers from each GMA district will serve on the GMA Board. At its April 1999 meeting, the GMA Board designated District President and First Vice President to serve on the GMA Board, continuing the current practice. Due to a very large number of member cities in the revised GMA 3rd District, this district will be divided into two sub - districts. Each sub - district will have its own sub - district President and First Vice - President who will serve on the GMA Board. District Presidents are required to conduct at least one district meeting per year at which district officers are to be chosen, This Article will also permit, but not require, GMA member cities to elect up to three members to the GMA Board who would not have to be a city official or a city employee. Article VII This is an editorial change as it was moved from a different portion of the bylaws. District meetings are designated as a place which the district meeting membership selects its choices for district president, first vice - president, second vice president, third vice - president and recommends those choices to the GMA Nominating Committee. The district officer nominations are binding on the GMA Nominating Committee (see Article V, Section 4). If no district meeting is held, the GMA Nominating Committee will recommend district officers, as is current practice. 1 1 1 1999 GMA Bylaws Amendment ARTICLE V Officers and Board of Directors Section 1. (b) Board of Directors. The Board of Directors of the Association shall consist of the following: (1) the officers of the Association; (2) the Immediate Past President and all other Past Presidents of the Association who are active municipal officials; (3) District Officers holding office designated by the Board for Board membership provided, however, each district shall have at least two district officers elected to the Board; (4) eight (8) directors elected from the state -at- large; (5) the president of recognized sections of the Association who are designated by the Board for Board membership; (6) the chairman of the Board of Trustees of the Georgia Municipal Employees Benefit System; and may include not more than 3 (three) members who are not city officials or employees. Section 2. Qualification -Term- Vacancy. Except as otherwise provided by these bylaws, each member of the Board of Directors and each officer of the Georgia Municipal Association, with the exception of the Executive Director, shall be at all times during their term of office a qualified official of a member city. A qualified official of a member city shall be deemed to be an elected official of the governing body of a member city or an appointed official who is eligible for membership in a section which is recognized by the Board of Directors as provided for in Article VI. To remain a qualified official of a member city, an elected official must continue to be an elected official of the governing body of a member city and an appointed 1 1 1 official must continue to be eligible for membership in a recognized section of the Association. The terms of office of the President, officers and members of the Board of Directors shall be one (1) year, commencing on the first day next following the meeting at which elected and until a successor has been chosen and qualified. A vacancy shall occur in any office of the Association in the event that person holding that office resigns or ceases to be an official or employee of a member city. All vacancies on the Board of Directors and in the office of President or any of the vice presidents shall be filled by the remaining members of said Board, and each person so elected or appointed shall serve for the unexpired term of the person in whose stead they are elected. In the absence of the President and vice presidents at any meeting, the Board of Directors shall appoint one of its members to perform the duties of President during that meeting or until the President or a vice president shall appear. Section 3. Designation of Districts and District Officers. (b) Each district of the Association shall have offices as designated by the Board. (c) Procedures for filling vacancies in the district offices shall be established by the Board of Directors. Section 4. Nomination of Directors and Officers. Nomination of directors and officers shall be made by a nominating committee which shall be composed of the members of the Board of Directors of the Georgia Municipal Association. The nominating committee shall submit its report to the membership during the annual business meeting of the Association. Additional nominations may be made from the floor. The election of officers and directors shall be held at the annual meeting of the Association, provided, however, that should any district of this 2 1 Association, at a district meeting held for and participated in by the members of such district, recommend to the nominating committee their choice for district officers, such action shall be binding upon the nominating committee and the names submitted by the district shall be those submitted by the nominating committee to the Association at its Annual Meeting. District Officers shall succeed automatically to the positions for which they are alternates in case of death, resignation or failure to hold office by their principal. Section 5. Duties. (g) District Officers. Duties of each District Officer shall be established by the Board. The District President shall conduct at least one district meeting each year at which district officers are selected in accordance with the procedures established by the Board pursuant to Article V, Section 3(c). ARTICLE VII Meetings Section 2. District Meetings. At meetings the District membership shall select its choices for District President, District First Vice President, District Second Vice President and District Third Vice President, for the ensuing year of the Georgia Municipal Association and recommend these choices to the GMA Nominating Committee appointed by the President at the annual meeting. Should no such district meeting be held in any district, the GMA Nominating Committee shall recommend such persons as they may deem best qualified. 3 1 1 1 COMPLIANCE MAINTENANCE RESOLUTION RESOLVED that The City of Tybee Island informs the Georgia Department of Natural Resources, Environmental Protection Division, that the following actions were taken on May 27th, 1999 We have reviewed the Compliance Maintenance Annual Report which is attached to this resolution; and . We have set forth the following actions necessary to maintain effluent requirements contained in the NPDES Permit: (a) none (b) (c) Signature of Chair of Governing Body: Title of Chair of Governing Body: Signature of Clerk' Mayor SEAL 1 CONTRACTOR fa,. ,4c 4" # " "Ty CoVNe /L /47(. S7.4 7/99 BID TABULATION INLET AVENUE STORMWATER DISCHARGE TYBEE ISLAND, GEORGIA May 20, 1999 10:00 A.M. S --Z o —99 39 BID ADDENDA LUMP ALTER. SECURITY (1) SUM LUMP SUM TRIANGLE CONSTRUCTION CO., OF GEORGIA, INC. DIXIE EXCAVATING, INC. S 7b THOMAS GRIFFIN CONSTRUCTION, INC. /37,000. 53/ 900 ALPHA CONSTRUCTION CO. S" 70 ,� %� 91 62o //4/ yy ROSS OF GEORGIA, INC. IFWATERS & SONS NTRACTING CO., INC. DUROCHER DOCK & DREDGE So . �'h 9 X1 �%i 0 n s'�' I. U '��o 1 �7y ENGINEER'S ESTIMATE $ $ 1 1 BIDDING SUMMARY — CITY COUNCIL MEETING — 5 -27 -99 1. City Hall Roof: 20 Year 25= Metal A. Billy Smith's $ 7,480 $ 7,978 B. ARD Roofing $ 7,790 $ 8,610 C. Mike Kenny $10,950 $12,390 $34,650 Note: Unbudgeted, unanticipated wind damage, etc. Recommend utilizing Contingency funds; with budget amendment as follows: Decrease Account 106064.6160, Contingencies; and Increase Account 106060.9001, City Hall Improvements, by $7.480. 2. Backhoe — John Deere: A. Industrial Tractor Co., Savannah, GA. $ 50,606 B. Industrial Tractor Co., Jacksonville, FL. $ 51,010 C. Industrial Tractor Co., Ladson, S.C. $ 53,106 Note: Budgeted as a 12 month lease purchase, backhoe & jeep for $50,000. 3. Jeep: A. United, Stone Mountain A. Springfield Chrysler B. Daimler Chrysler C. Nalley Jeep -Eagle $19,742.00 $ 20,872.94 $ 22,485.00 $ 23,345.00 Note: Budgeted as a two -year lease purchase, backhoe & jeep for $50,000. 1 1 1 9 -030 building permits ORDINANCE NO. 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 8 Land Developement Code, Article 9, Section(s) 9 -030 Building Permits, be amended to read as follows: Section 1. Section 9 -030 is hereby amended to read as follows 9 -030 BUILDING PERMITS (A) Application for a building permit must be made by the owner, or his agent, accompanied by two (2) sets of plans or blueprints, together with specifications of the work to be done. All applications for a building permit for building a new building or any additions must be accompanied by a plan showing size of lot and portion of lot to be built on and shall show that the lot has been surveyed by a licensed surveyor, or that lot stakes have been placed in position in accordance with such a survey. No work of any nature shall be started until a building permit has been issued. A permit must be secured for all new construction, all alterations and all repairs. No permit shall be issued until the prescribed fees for same have been paid in accordance with the following schedule: (1) Repairs less than $1,500.00 No charge (2) Where the value exceeds $1,500.00 but not over $2,000.00 $20.00 (3) For each additional $1,000.00 value or fraction thereof, per $1,000.00 value $5.00 All permit fees are non - refundable. (B) • • t. the landowner or . ' # `i § permittee shall show the diameter and location of all significant, i tag trees a�edsix (6) inches $ in diameter at breast hei t 4 1/2 feet above ex s ade 011 (C) All construction sites are required to have restroom facilities as well as sufficient containers for collecting all waste and debris created from the construction activities. No inspection shall be conducted until the applicant has provided proof of compliance with these requirements. If during construction such facilities are not provided on site, the building inspector will issue a stop work order until such compliance is achieved. (D) Any applicant for a building permit shall have the right to appeal to the mayor and council should the building inspector refuse to approve the issuance of a permit. (E) Construction must begin within one hundred and eighty (180) days from the date of permit issuance. (ORD. 1999 -12; 05/27/99) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Page 1 of 2 9 -030 building permits 1 Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading:05 /13/99 2nd Reading:05 /27/99 Enacted:05 /27/99 1 1 Page 2 of 2 1 ARTICLE 14 HISTORIC PRESERVATION ORDINANCE NO. 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 8 Land Development Code, Article 14 Historic Preservation, Section(s) 14-010 through 14-080 be added to read as follows: An ordinance to establish a Historic Preservation commission in the City of Tybee Island to provide for designation of historic properties or historic districts; to provide for issuance of Certificates of Appropriateness; to provide for an appeals procedure; to repeal conflicting ordinances; and for other purposes. Section 1. ARTICLE 14 is hereby amended to read as follows 14 HISTORIC PRESERVATION Section 2. A new SECTION 14-010 is hereby added to read as follows 14 -010 PURPOSE ee . Pr read and state law,.an' fog federal . ttd and us ci . Section 3. A new SECTION 14-020 is hereby added to read as follows 14-020 DEFINITIONS Page 1 of 13 1 ARTICLE 14 HISTORIC PRESERVATION Section 4. A new SECTION 14-030 is hereby added to read as follows 14-030 CREATION OF A HISTORIC PRESERVATION COMMISSION Page 2of13 1 ARTICLE 14 HISTORIC PRESERVATION „.! 44.1.ko • Jti O. . • .0,47 11 # ilkIL • IIL 1trte".•• hll *A: nr o rm .j * 81- hie # term 44r, e 1.irrf saloo.A.M. foe, tw o •e for 2 - AL: ji. i .11'.1,&,i;CC7.;11°.;i1i1O,.'S.4.-,$§ gAt, ” . • oo°;''' REMINE ^, 0 Port h:11:11'iVItX # 6 ''/ I if 66 o • o *0" tik, A iekj.0 o • 0 0 • .7.1tt ° ° t LH • s ' . o s ,S:111.1141/... •• • • • • • • • • 7,1itt 10161FOOO---: 0110.11 ' o 00 1 6 Page 3 of 13 1 ARTICLE 14 HISTORIC PRESERVATION Section 5. A new SECTION 14-040 is hereby added to read as follows 14-040 RECOMMENDATION AND DESIGNATION OF HISTORIC DISTRICTS AND PROPERTIES Page 4 of 13 ARTICLE 14 HISTORIC PRESERVATION in iAt' L undari tiny + Page 5 of 13 ARTICLE 14 HISTORIC PRESERVATION Page 6 of 13 ARTICLE 14 HISTORIC PRESERVATION d '.1111 re [hill the 11ktr■ct he s}111\%1[ L1 i [ll (irlficit11 %tlilin \l;.11. in tII _ sac)11 Ill<lll.Ll`i of [jai map Cl,..- aLantttc:(d )a? [l pui11� lr;;(:Ot)ci_ 3.R4icjuircd Public 1Ieai•inhs: The Conlrilissl�il and the (.11■• or Ivbee Island shall hold, 1_ pul)lie hearin on ttnv proposed ordinance fur ale ti1'ei, nation e1'att} historic -iet ter — plon:rt■. Notice of the hearing shrill Lc llul)lished in at lens[ three L31)'! C(\I1scCnl11 principal newspaper L1t li-1Ca e[[ ati 111. ;hid 1Vritten ;notice or the [[corm.; chail mailed 11v tlic i olnuti lion to :111 0vv Hers 'and_ .a)a n1115' p1)(1pCit1L's. .111- 611;:11 I1;_'11C1'� shall 11(2 11111,11`; ICJ 1.71 I11i111e11 1101 lc» th:_trt tcn (10} nor wore. ihrul tvvcn[■_2111 prier tc tllc laic su11,&)r IlllhiL: �lCil'1ri?. C?" 1' l. A notice sent V 11-[c.‘ nitcL sta1'es mail lu 110 lost known loerty shown (- +11 lilt Cl i1v 01 1 v oeC 1,1aadfs tax roll :i,nd a notice sent via l nited Slate; uniii to the at1<lcess t)ilthe property. or i lstknrl■■ ll mail 2 address to 11111c ,Otention of [hc OtCLI11 nt shall constitute IC,pl not 11 i0a1ion to the {1vv..n r and occupant under this i ordinance, 1.- I2ecotmmendations on Proposed l)csi ations:- 1 1_(:.'11111111cnciation to al;iirn1. intAiif■ -! 1A 11110 1_00 ill 'L)1"iillosl'1lo111111c111ce 1011 de l_'llalll`11 ti1-1d11 0c_` I-na(L) hA 1 10( C<1111111),51(?'-?_ yWithin lIil;°en ( 15) L1.11 illL the 11uhlI0 1learin,t2";1nd 1111110 tOM-1 01' r'est,lia on10 HO ( (011.101 .C'it) Council _Action OR C`01)111ti$Sioru 12cconilncntlatioil (.,): 1 c1! 10 i1)g receint ,11 the C llllllfllssio11'S recoil mendatious. 11 ('I1V Council Iliav ildopi the sardina11C� 41�, 111T_O,l2(1. ill" send back to Commission vv 1[11 reOOl 1I1l:l1 ILttllln-, f;:l revision: or._ leicct 1110 ordinance ii. V''otitication of Ilistoric l'reservatiun isiou: than 1..11l1y 130) 'nor tU 111:[1 ill'- <1 ;•OL11111(llCnLl<Llion Cr(,IIi 1 C0 01" ill ICL as hl,,t�'! "1�_ he l_('illlllll,yaoll 111101 X111111111 tf10 r)(T,a'I. 10�llllrL'11 1V. \ 10 1110 111,111)10 Section 01'1110 l)0paruncnl 01_ Natural Re..ource,., _Noti1iCa1ion of Adoption of Ordillattl e for pcsiona tion;_ VVj.thi l lhilt. L3U } chiy I111l1ovinw the adoption 011th : ordinance for t;2tiin :lire: 111Ihe City Co1111C11._ 1110 01\11,-)1 • and t, >CcU alit, ,)IcLich (11',1,,imteL1 11i -do] a0c1 the_l)} §IIC'I'�_il11Ll ��cc1��a111 f C 1eh s1ll 01111 -L 1;1' site 1111'a1cc[ t+ lthlila lC'10Ila1CL1 h10Lnrie 1)O1r11'[. tih�l_ 1 �0 L Ile Hen 11r1u:n nlliif��ali1vn �= f�litlt d @- ��irlt��)il h� the r_it�1:uncil vvi!i�h not 110 ;1~_111 i e �_II�1 ou 11Crs <1I11! U1 I41o11ut of the Il0CC5s111 1'! 11) 1111111H 1l er0.IC1l1c 111< [1,t11 10110LI11Eg3111 111<1101 11 111111100 <111j)c 1)11111'0 <111 the 11011110 j_iri p'._r1V de i_'nE1tC t�11y_it1101t1iL' Ilisil i ditill icy cic- 1g11211eti. A...noti00 ,0I1 i:1 fh_C United State-, Il- 111IC� the last- 1v11ov111 ov1I10r of 101'.111 <iherLv,tilI1 "01 111c( ;1v 111 1 \ hee ISI111L1 I:1`, f ill I;ill(1 �I 110ti00,tient A 111 1 iH<l •1L11Cs 111011 to 1110 ad(1I0 11 - the pro"periy to ol Occupant sIL.11. cunst L110 I x.11 notil s ti ��n to 111..‘_ oNvner and oectr alts 11)11[0.- 111 i5(_)rdinancc. S. Notification of Other . “encics Kcordin“ 1)csi ,nution: I_hc Con 1,nli,;ion ;11,111 1 111111. ;ill 11)1hltl [h1' ( 111 111 I A1?Cc [;[gild 111 110 Ot'C1111,1111 !1)1_ ler101<ll,l1)u. 101 udin the local r 111i/Laion_ Page 7 of 13 1 ARTICLE 14 HISTORIC PRESERVATION 4, I I 'Ott Section 6. A new SECTION 14-050 is hereby added to read as follows 14-050 APPLICATION TO PRESERVATION COMMISSION FOR CERTIFICATE OF APPROPRIATENESS 4 p2„affri .1.• , €€,'"• 2 , • • # Co 11. # !-.113—a A V i co _ ',. .n. .;4, .i. ti, , . ' • .€;!. -€•€€ M VW' 11. tv Fralg€777:11.. te, 41_ € Ou 1!, €€.' €•€€€€€€ €€€- . . €€ • , •€€€ 1 Page 8 of 13 ARTICLE 14 HISTORIC PRESERVATION Page 9of13 1 1 ARTICLE 14 HISTORIC PRESERVATION Page 10 of 13 '410;:ig :41Z1L ARTICLE 14 HISTORIC PRESERVATION f • OORP/.--• G wiett.„. Ai! ,AL 5ection 7. A new SECTION 14-060 is hereby added to read as follows "71 . 14.7,• .„471132,.. 14-060 DEMOLITION OR RELOCATION OF A HISTORIC PROPERTY OR PROPERTIES WITHIN A HISTORIC DISTRICT 11..ott .,...v.titt.,ottret to it:goo." iO.A. 40Mall • j (km Page 11 of 13 1 ARTICLE 14 HISTORIC PRESERVATION Section 8. A new SECTION 14-070 is hereby added to read as follows 14-070 MAINTENANCE OF HISTORIC PROPERTIES AND BUILDING ZONING CODE PROVISIONS 777:77V,•: - 111 kisFr ,S.1.0 • .t • t! kLi. .1A1 TIN ..„.19 itLL!! Afiltnia 4"1115.'"11!""I'.111!"""!..7"11!'" 6 6 ,,tkark 6 tcle RD . Section 9. A new SECTION 14-080 is hereby added to read as follows 14-080 PENALTY PROVISION Page 12 of 13 1 1 ARTICLE 14 HISTORIC PRESERVATION Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading:04 /22/99 2nd Reading:05 /27/99 Enacted:05 /27/99 Page 13of13 1 1 5 -020 ORDINANCE NO. 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 8 Land Development Code, Article 5 Procedures for Administration and Enforcement, Section 5 -020 Permits or Actions under this Ordinance, Paragraphs (A)(B)(C)(D)(E)(F) and (G) be amended to read as follows: Section 1. Section 5 -020 is hereby amended to read as follows 5 -020 PERMITS OR ACTIONS REQUIRED BY THIS ORDINANCE The following are permits bi ALalthat may be required depending on the construction and particular land use district for which it will take place. (A) Special Review Permits There are specific land uses permitted in certain zoning districts only after a review by the planning commission, a public hearing has been held by the Mayor and Council, and the Mayor and Council has determined that the use is appropriate based on certain criteria. These uses are listed throughout Article 4 and the criteria is listed in Section 7 of this Article.�e rrfl- (B) Site Plan Approval All land development activities other than residential one and two family structures, regardless of the zoning district, must present a site plan of such development to the planning commission for review, and to the Mayor and council for approval prior to the issuance of an land develo . ment permits t thin( (C) Zoning Variance Where strict enforcement of this ordinance may present an unnecessary hardship upon a lot or parcel of land, the owner may apply for a zoning variance. Such action requires a public hearing by the planning commission and approval by the Mayor and Council at a scheduled meeting.'' (D) Amendment to the Zoning Map An amendment to the zoning map is considered to be an amendment to the zoning ordinance. Such action requires a hearing by the planning commission and approval by the Mayor and Council at a scheduled public hearing. �' • .a.:.. t' • ' "# e 1 (E) Amendment to the Text of This Ordinance An amendment to the text of the zoning ordinance follows the same process as an amendment to the zoning map. However, a text amendment re ' uires different materials to be included with the application. (F) Subdivision of Land Whenever a lot, parcel, or tract of land is divided into two or more parts, the owner must submit a preliminary subdivision plat to the Zoning Administrator. The preliminary plat shall be reviewed at a hearing held by the planning commission. The preliminary plat will be reviewed at a scheduled meeting of the Mayor and Council. Once the preliminary plat is approved by Mayor and Council, required infrastructure improvements may be permitted on the property. After the required infrastructure Page 1 of 3 1 1 5 -020 improvements are completed and inspected by the building inspector, a final plat may be submitted to the Zoning Administrator. The final plat shall be reviewed at a hearing held by the planning commission. The final plat will then be reviewed at the following a scheduled meeting of the Mayor and Council. Once the final plat is approved by the Mayor and Council, all parcels created by the subdivision may be recorded in the Office of the Superior Court of Chatham County and subsequently become real estate. Sermon & -150 (G) Sign Permit Approval All signs erected, and signs which are altered or repaired at a cost of 50% of the replacement value unless specifically exempted by this ordinance must be permitted by the city. All signs not specifically exempted from the permit and/or licensing requirement of this ordinance shall be permitted by the city. An application for a permit shall be submitted to the Zoning Administrator and accompanied by plans and specifications of the sign in all its structural parts, and by accurate information designating the exact location of the proposed sign for review by the planning commission and approval by the Mayor and Council. The Zoning Administrator shall collect a standard fee for each permit and/or license at the time the permit or license is issued.tic an Article.6 (H) Use of Recreational Vehicles on Private Property for Residential Purposes This is a temporary permit issued by the Zoning Administrator during normal hours of operation at the city hall. See General Provisions Section 3 -020 11(E)(4) for restrictions. (I) Permits Required in Conjunction with Permits in this Ordinance The following are permits required by other government entities that may be applicable to a development project in Tybee Island: (1) Land Disturbing Permit. Under the Georgia Soil Erosion and Sedimentation Act (O.C.G.A. 12- 070 -070), any major subdivision of land over one and one tenth (1.1) of an acre for single family development and any construction within two hundred feet of State waters requires a land disturbing permit from the Department of Natural Resources, Environmental Protection Division (EPD). (2) Dune Crossover. The Georgia Department of Natural Resources (DNR) maintains dune delineation lines and suspected wetland areas. In these places DNR provides revocable permits for private docks and dune crossovers. (3) Dock Permits and Construction in Wetlands. In conjunction with Georgia DNR, the United States Army Corps of Engineers maintains the authority to delineate the location of wetlands and is responsible for permitting any land disturbing activity in them under Section 404 of the Federal Clean Water Act. (4) Individual Well and Sewer Systems. If a lot or parcel is not served by city water and sewer utilities a permit is required from the Chatham County Board of Health. There are only a few areas on the island not served by both. (5) Entrances on State and Federal Highways (curb cuts). If the development of a lot, tract, or parcel requires an entrance onto a State or Federal Highway, a permit is required by the Georgia Department of Transportation. (6) Shallow Wells for Irrigation Only. If a property owner decides to use a shallow well for the irrigation of his or her landscape, a well drilling permit must be obtained from the City Code Enforcement Department and the pump installation and design must meet the • lumbin codes set forth in Article 9 of this ordinance. 99.14 :05127/99'`, Page 2 of 3 1 1 5 -020 Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading:04 /22/99 2nd Reading:05 /27/99 Enacted:05 /27/99 Page 3 of 3 1 1 1 5 -040 ORDINANCE NO. 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 8 Land Development, Article 5 Procedures for Administration and Enforcement, Section 5 -040 Application for Permits or Actions under this Ordinance, Paragraph (C) Additional application requirements for all site plan requirements and approval be amended to read as follows: Section 1. Section 5 -040 is hereby amended to read as follows 5 -040 APPLICATION FOR PERMITS OR ACTIONS UNDER THIS ORDINANCE (A) Minimum Requirements for All Applications All applications for zoning actions shall be dated upon submission and require the following minimum information: (1) Name, address and signature of applicant, (2) Brief description of the land development activity and use of the land thereafter to take place on the subject property, (3) Address and location of the subject property for which such land development activity shall take place, (4) Name and Address of Owner of the subject property, Note: Applicant must either have proof of ownership of the property or signed affidavit from the owner granting the applicant permission to conduct such land development activity. (5) Current zoning and use of the property or properties, (6) Name and address of all adjacent property holders; and, (7) Name and address of participating contractors (building & construction, surveyor, architect, engineer, installer, developer, etc.). (8) the application number, date of application, and action taken on all prior applications filed for the reclassification of the whole or part of the land proposed to be reclassified. (9) If within two (2) years immediately preceding the filing of the applicant's application for a zoning action, the applicant has made campaign contributions aggregating to more than $250 to any member of the Mayor and Council or any member of the City Planning Commission, it shall be the duty of the applicant and the attorney representing the applicant to disclose the following in the application: a. The name of the local government official to whom the campaign contribution or gift was made, b. the dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the zoning action and the date of each contribution; and c. an enumeration and description of each gift having a value of $250 or more made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the zoning action. d. In the event that no such gift or contribution was made, the application shall affirmatively so state. (B) Additional Application Requirements for Special Review All applications for uses permitted in a zoning district for special review must also Page 1 of 6 1 1 1 5 -040 include the following minimum information: (1) a more detailed description of the activities, number of units, and hours of operation of the proposed special use, (2) an approved site plan [see Section 4(C)], with building plans and architectural renderings, (3) a proposed starting date of land disturbance or construction, and a tentative date of completion for all improvements, and use opening or date of first occupancy; and, (4) a list of activities undertaken by the developer and subsequent occupant to mitigate all adverse impacts upon the surrounding properties before, during, and after the completion of development activities. (C) Additional Application Requirements for All Site Plan Requirements and Approval The site development plan shall include, but not be limited to the following. (1) The location, size and other pertinent data of all land uses on the site including types, location and height of buildings, parking, open areas, landscaping, and all existing significant trees, (2) Dimension setback lines from property lines and street right -of -way lines, (3) Adjacent thoroughfares and all curb cuts within five hundred (500) feet, including: a. Proposed new cut(s) onto public rights -of -way with turning radii, and width; and b. Dimensions of all rights -of -waxy, (4) Drainage plan to conform with (5) Location of all utilities, (6) Tabulated data including at least: a. Gross density of dwelling units, b. Parking ratio per dwelling unit, its Percent and amount of land coverage by use; and, Percent and amount of floor area by use and b fihxsld (7) To aphical ma showinexistin: and proposed contours and natural features; and, ineering department standards, c. d. e planning commission may require elevations or other engineering or architectural drawings covering the proposed development. _..e Mayor and Council will not act upon a zonin: decision that requires a site plan until the site plan has met the approval of the ns .l r;; 1 hatham County Engineer or his designee. (D) Additional Application Requirements for a Zoning Variance Applications for a zoning variance shall be submitted to the Zoning Administrator. All applications for a zoning variance must also include the following minimum information: (1) Site Plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. (2) A survey of the property signed and stamped by a State of Georgia Certified Land Surveyor. No application for the same type of zoning variance . request, which has been previously denied, shall be accepted by the Zoning Administrator until the expiration of at least six (6) months immediately following the defeat by the Mayor and Council of such variance Page 2 of 6 1 1 1 5 -040 request. (E) Additional Application Requirements for a Zoning Ordinance or Map Amendment Applications for amendment of these regulations may be in the form of proposals to amend the text of these regulations or proposals to amend the zoning map. Applications for amendment shall be submitted to the Zoning Administrator. No application for a zoning change requesting the same zoning district classification and affecting the same parcel of property or part thereof shall be accepted by the Zoning Administrator until the expiration of at least six (6) months immediately following the defeat of the rezoning request by the Mayor and Council. However if the request is for a different land use classification than the previous request, an application will be accepted. All applications for zoning ordinance or map amendments must also include the following minimum information: (1) Text Amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted. (2) Map Amendment. An application for a map amendment shall include the following information: a. a map or plat of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of Chatham County then the lot, block, and subdivision designations with appropriate plat reference; and, b. the area of the land proposed to be reclassified stated in square feet if less than one (1) acre, and in acres if greater than one (1) acre. (F) Additional Application Requirements for Sign Permit Approval All applications for sign permit approval must also include the following minimum information: (1) Site Plan showing the position of the sign in relation to nearby buildings or structures. Plan shall be to scale, (2) Specifications setting forth the character of the sign in all its structural parts, (3) Electrical permit if required, (4) Wind pressure capacity (Lbs. /Sq.Ft. Horizontal Loads) if applicable; and, (5) Construction cost of sign. (G) Additional Application Requirements for Land Subdivision Approval Subdivision plat approval in Tybee Island is a three step process. The first step, a sketch plan, is optional. The next two steps, preliminary and final plat approval, are required before any lot, parcel, or tract of land can be divided into two or more pieces of property and recorded in the Chatham County Clerk of Courts Office. If the subdivision of land fits the definition of a Minor Subdivision, the preliminary and final platting information and procedure process may be combined. The information needed for each step of the process land subdivision process is as follows: (1) Sketch Plan. Prior to the filing of an application for approval of a preliminary plan, a sketch plan may be submitted to the planning commission for review and recommendation. When submitted, this sketch plan shall show in simple sketch form the proposed layout of streets, roads, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch, it shall include the following information: a. The boundary lines of the property being subdivided; b. Watercourses and marshes found on the tract of land to be subdivided and the limits of habitable area; Page 3 of 6 1 1 1 5 -040 c. The location, name, and right -of -way width of any existing streets on the land to be subdivided, or on land adjacent to the tract of land being subdivided. (2) Preliminary Plan. Before work shall begin to open a subdivision, eight (8) prints of a preliminary plan, showing the proposed design of the subdivision, shall first be submitted to the planning commission for review and recommendation. Until the preliminary plan of a proposed subdivision has been reviewed by the planning commission, and approved by the mayor and council, a developer shall not grade, scrape, or otherwise open or extend a street in the proposed subdivision, nor shall he stake out or lay out lots in such subdivision, nor shall he in any manner cause construction to actually begin on a subdivision. The original copy of the preliminary plan shall be drawn on transparent tracing paper with either black ink or soft pencil. Such plan shall be drawn at a scale of not less than two hundred (200) feet to the inch. The preliminary plan shall contain the following information: a. Existing Features. All of the following existing features shall be noted on the preliminary plan: 1. The bearings and distances of the boundary lines of the property to be subdivided, 2. The location of any streams, natural drainage ways, and other waterways which exist on the property, 3. The distance and direction to public water lines and sanitary sewer lines, 4. The name, location, and right -of -way width of existing streets either on the property or on the land adjoining the property, 5. Existing contours of the property in solid lines and at one -foot intervals and based on mean sea level datum, 6. The name of subdivision or property owners adjoining the property, 7. The location of railroads, of public or private rights -of -way or easements, and of parks or other public spaces either on the property or adjoining the property; and, 8. The location of all significant trees as defined in Article 2 of this ordinance. b. Proposed Design Features. All proposed improvements or alterations to the property features shall be noted on the preliminary plat: 1. The location, purpose, and width of any proposed drainage or utility easements. 2. Lot lines and lot line dimensions; proposed lot numbers. 3. The location and specifications for proposed streets and lanes, including right -of -way lines, proposed paving, proposed finished grades, proposed pavement width, if any; profiles and typical cross - sections of such streets, and such other information as shall be required to show compliance with the design specifications established by this chapter for streets. 4. Proposed street names. 5. Proposed final contours in dashed line at one -foot intervals and based on mean sea level datum. 6. Proposed building lines. 7. Proposed crosswalks. 8. The location of proposed monuments. 9. The expected limits of the one - hundred -year flood where appropriate. Page 4 of 6 1 1 1 5 -040 c. Other Information. In addition to the existing and proposed features listed above, the following information is also required with the preliminary plat: 1. Name of proposed subdivision, scale of the plat, north arrow, date, size of the tract being subdivided, key map showing location of the proposed subdivision in the city. 2. A statement from the subdivider shall be placed on the preliminary plat which shall describe the method by which storm sewers, sanitary sewers, and water facilities will be provided. If septic tanks or individual waste disposal systems are to be used in a subdivision, then percolation tests shall be made in accordance with county health department requirements and the results of such test, together with a contour map showing the site of each test hole, shall accompany the preliminary map. 3. Grading and drainage plans shall be submitted with each subdivision application. If the required drainage plans reveal that a request for subdivision approval would overload the capacity of the channel downstream or increase flood stages upstream, the subdivision approval permit shall be denied, unless equivalent flow and storage capacity is replaced and maintained by the owner within the floodplain affected. 4. When the preliminary plan includes only a part of the tract on which the subdivider has an interest, the developer shall submit a tentative street plan for all of said tract. 5. All exhibits accompanying the preliminary plan shall be prepared by a registered civil engineer and shall contain the seal of such engineer along with a statement that the plat meets the provisions and standards of the flood drainage prevention ordinance for the city d. Deadline for Preliminary Plat Submission. The preliminary plan shall be filed with the planning commission in accordance with the procedures set by the planning commission. The Mayor and Council will not act upon a preliminary plat until it has met the a proval of the Chatham County Engineer or his designee "' �' .._,, f7/ Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council Page 5 of 6 1 1 1 1st Reading:04 /22/99 2nd Reading:05 /27/99 Enacted:05 /27/99 5 -040 Page 6 of 6 1 1 5 -010 ORDINANCE NO. 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 8 Land Development Code, Article 5 Procedures for Administration and Enforcement, Section 5 -010 Permits Required for Construction, Paragraph (I) Tree Removal be amended to read as follows: Section 1. Section 5 -010 is hereby amended to read as follows 5 -010 PERMITS REQUIRED FOR CONSTRUCTION The following is a list of permits needed for construction of a building or structure or the movement of a building or structure that may be needed for any type of land development in the City of Tybee Island, Georgia. (A) Building Permit A building permit is required prior to construction, alteration, or installation of any structure. Electrical, mechanical and plumbing permits are included within this permit. For construction valued below $1,500.00, a minor construction permit is required, but, no fee is charged. Construction valued above $1,500.00 is considered to be major construction for which a fee is required. (B) Relocation Permit A Relocation permit is required any time a manufactured home, mobile home, trailer, out building, house or structure is moved from any location to any lot or parcel within the city limits of Tybee Island. Buildings used for the purpose of storage only with no need for electricity or plumbing are exempt from this requirement. Electrical, mechanical and plumbing permits are included within this permit. (C) Sign Permit Prior to the erection of a sign for either on premises or off premises advertising, the Zoning Administrator must first issue a permit in accordance with the sign regulations set forth in Article 6 of this ordinance. Permits are required for both temporary signs as well as permanent signs. (D) Demolition Permit Prior to destruction of a building, structure, or sign, a demolition permit is needed. Such permit may be attained from the City of Tybee Island Code Enforcement Department. (E) Electrical Permit An Electrical Permit is needed before installing any electrical wiring or fixtures. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (F) Plumbing Permit A Plumbing Permit is needed whenever a plumber installs a new plumbing system in an existing structure. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (G) Mechanical Permit A mechanical permit is needed before a licensed installer may install any mechanical device such as a heating and/or cooling system for air or water. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (H) Land Clearing, Disturbance or Excavation Permit Page 1 of 2 1 1 5 -010 Regardless of the use of the land, a permit is required prior to the clearing of trees, topsoil, or water on any parcel of land in the City of Tybee Island. Furthermore, there shall be no excavation or addition of soil, trees, or water until all proper permits are obtained. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (I) Tree Removal A tree removal permit is required if a person intends to remove either a significant tree (greater X1) or any number of trees that will result in a tree density of less than re41, . than two trcos per 1,500 square fcct This permit is required regardless of any other permits obtained. 7 Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have appliction to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading:04 /22/99 2nd Reading:05 /27/99 Enacted:05 /27/99 Page 2 of 2