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@ @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.
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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
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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
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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
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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
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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
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clerk / C ncil Jacquelyn R. Brown
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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
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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
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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.
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(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
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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
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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
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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
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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
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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
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($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
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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.
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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
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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.
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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
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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
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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 $ $
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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
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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
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Page 2 of 2
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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
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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
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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'[.
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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
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ARTICLE 14 HISTORIC PRESERVATION
Page 9of13
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ARTICLE 14 HISTORIC PRESERVATION
Page 10 of 13
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ARTICLE 14 HISTORIC PRESERVATION
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5ection 7. A new SECTION 14-060 is hereby added to read as follows
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14-060 DEMOLITION OR RELOCATION OF A HISTORIC PROPERTY OR
PROPERTIES WITHIN A HISTORIC DISTRICT
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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
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Section 9. A new SECTION 14-080 is hereby added to read as follows
14-080 PENALTY PROVISION
Page 12 of 13
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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
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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'`,
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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
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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
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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
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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;
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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.
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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
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1st Reading:04 /22/99
2nd Reading:05 /27/99
Enacted:05 /27/99
5 -040
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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
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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
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