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@ @ITEM 2001 -01 -23 City Council Minutes
Mayor Walter W. Parker called the Special Council meeting to order at 8 PM on
Thursday, January 23`d for the purpose of holding a Public Hearing on the proposed
Growth Control Ordinance. The following members of Council were present: Shirley
Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. Mayor Parker said that
Jim Burke and Jack Youmans were both absent because of medical problems.
Mayor Parker asked City Attorney Edward Hughes to explain the proposed
ordinance. Hughes said that this ordinance was drafted at the request of Council in an
effort to get on paper, this ordinance deals with water /sewer tap -ins, until a more
desirable ordinance of some type can be completed. Hughes stated this is a short term
means and is intended to apply if there is a need for one until a longer growth control
ordinance is formulated and that there are not many sources available. Hughes said that
all information on the situation and plan should be in the minutes. Hughes said that EPD
is considering a request from the City to change the permit from annual to seasonal and
that Bill Lovett is here and can better explain process.
Lovett explained that the City is authorized to process I MGD. During the
summer because of the tourist more flow is released into the stream, but the net flow
stays the same for the year. EPD is looking over application for a seasonal permit for
Tybee and it looks like they are favorable to the idea. Parker said that we can treat more
with the upgrade. Lovett said that the process is in the awarding phase. Parker asked
time frame for completion? Lovett answered end of summer. Sessions asked for specific
data on numbers. Lovett said that he had some figures from Michael Gibboni, Director
of Water Sewer today. They are the monthly flows for the year 2000. EPD will look at
certain levels at 80% capacity; they will want to see plans for the expansion of the plant
at this time. At 90% capacity EPD wants to see you finalizing plans, designs and getting
started on the project.
O'Brien stated that when the City met with EPD they were told the way to
manage is to establish historical base flow and then add the tap ins to that figure. Lovett
said that these numbers plus this year 2001 is needed to estimate the flow. Parker said
\the lines were in bad shape but that they have been slipped lined to help stop infiltration
of rain water. O'Brien said to take into account the numbers, add present tap ins that we
will see in 2001. Lovett answered that what O'Brien said makes sense but that EPD
wants actual not projections. O'Brien asked how much more can the system take? It is
logical to take the projections and add to them. O'Brien said on the flip side the City has
slipped lined and this helps with the infiltration. Lovett said that EPD bases their
requirements on the actual flow at the plant, but that the City can get ahead.
Henry Levy asked if we will be able to treat more than 1 MGD with the
improvement? And what happens to the excess of the 1 MGD? Lovett answered that the
excess was treated and discharges. Parker said that it caused no health problem. Shel
Solomon asked how the MGD were determined. Lovett said by the size of the plant.
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Whitley Reynolds asked how many more taps can we safely add to our system. Lovett
said that a 2 bed rooms condo uses 300 gallon per day, a hotel room is 100 per day.
Reynolds said that the City was getting ready to get a 2.5 million dollars upgrade for the
plant and that the work is slated to start shortly. Lovett answered that the City would be
able to treat more than 1 MGD but that the cap from EPD won't change. Mary
McCraken asked if the system is monitored by the State and what of the ecoli. Parker
answered that the ecoli was not out of our treatment plant. McCraken asked how often
did the State check; the figures are never published. Lovett said daily and that a report is
sent to the State monthly and that it is a public record. Lovett said that Tybee is in good
shape. J.R. Roseberry said that given the added construction we can compare with prior
years actual. Lovett asked what is a unit. Chuck Bargeron answered he counted single
family, duplexes and condos as a unit. Lovett said that added to July cap of 916 gallons
per day it would be 958 gallons per day. Roseberry said that he understand that EPD
wants to see plans when the City reaches 80% capacity. Lovett answered yes, and when
it is 85 to 90 percent they want to see positive action. Roseberry asked how long it would
take to expand the plant? Lovett said about 2 to 3 years start to finish with the plant on
line. Roseberry questioned the flow for September. Lovett said that it was an odd
month, we had a lot of rain. Sessions said that she came away form the meeting in
Atlanta with the EPD hearing different things. At 85% EPD will see red flags and want
to see us in a planning stage. Sessions read a portion of the proposed ordinance on
Growth Control that is before Council. Lovett said that the design to utilize to design the
capacity of the plant can use all that is included in the expansion. With the plan for
expansion you have federal hoops to jump through. O'Brien said that an expansion
would take 2 to 3 years, need to consider financial planning for expansion. The City has
a bond that has a 20 -year term. O'Brien asked when the City could fund the expansion.
Steve Turner asked how much can be treated per day after the improvements have been
made to the plant. Lovett answered 1.4 million. Turner said that the Planning
commission was not privileged to the information that Council has been told tonight
before they voted. Turner said that from the discussion tonight he understand that the can
for construction is about 3 years away. Parker said that we could make adjustments
without a moratorium. Lovett answered a question from the audience stating that the rain
fall must be counted a treated waste water and it cost the same amount to treat rain water
as waste water. Some one asked if more pumps will be added with the upgrade. Lovett
answered yes. O'Brien asked Lovett how long would it take to get a schedule that would
take into account permitted tap ins, not in 2000, and calculate the remaining. Lovett
answered about 2 weeks. O'Brien said this schedule will be for various types of use.
Lovett said yes, it will provide some data. Lovett said that we can see what the flow was
last year, see what was permitted, and then compare what the 80% capacity would be by
month.
Henry Levy said that the Planning Commission vote 3 to 3 to recommend
approving the ordinance. Levy said he broke the tie by voting in favor, with the
recommendation of 93 days for a realistic schedule to be developed, with no exceptions.
Turner said again that the Planning Commission recommended was made without the
engineer report, the growth control was presented as the City was in a crisis.
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Pearce moved to adopt on first reading as written. O'Brien seconded. Monaghan
amended by stating that the recommendation from Planning Commission be included and
that the ordinance not exceeds 93 days. Sessions seconded for discussion. Sessions said
that her definition of realistic might be different from someone else; and is it clear that we
can lift this at anytime. Parker answered that to lift the ordinance at anytime that a public
hearing would have to be advertised and held it would be a pain in the neck.
Hughes stated that he does not suggest that this be the first reading, Charter states
an ordinance must be in written form and that any changes between first and second
reading bothers me.
Pearce moved to approve on first reading as rewritten during this meeting. Clean
copy attached and becomes a part of these minutes. O'Brien seconded. Vote by Council
was unanimous.
Mayor Parker adjourned the meeting
Clerk of Council
Mayor Walter W. Parker
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January 2, 2001
A Special Called Council has been ordered by the following 4 Councilmembers to be
held on January 23"1, 2001 at 8 P.M. in the City Hall Auditorium. The purpose of this
meeting will be to hold a Public Hearing and 1st Reading on the Land Development Code
Growth Control Ordinance.
Signature
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Date
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AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,
CITY OF TYBEE ISLAND, GEORGIA
An ordinance to amend the code of ordinances for the City of Tybee Island,
Georgia, to provide a new chapter entitled Growth Management, Planning and
Development, Chapter , to provide for codification; to provide for severability; to
provide for hearings and variances; to repeal conflicting ordinances; to provide an
adoption date; to provide an effective date; to provide an expiration date; and for other
purposes allowed by law.
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, S2, ¶3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, welfare
and aesthetics of the citizens of the City of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority of the City of Tybee Island is the
Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances and regulations
under their police and home rule powers to regulate development in the City
consistently with the infrastructure and improvements thereto and to effectively manage
rapid growth that has recently occurred on the island; and
WHEREAS, the City of Tybee Island has experienced rapid growth in multi family
development and commercial development which has placed increased demands on the
infrastructure of the City; and
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WHEREAS, the City has taken steps to improve problems with infusion and
infiltration into the waste water treatment system; and
WHEREAS, the Environmental Protection Division of the Department of Natural
Resources has consulted with the City regarding the demands on the City's infrastructure
and the limitations on the City's permitted capacity; and
WHEREAS, the Mayor and Council of the City of Tybee Island need to explore the
possibilities of securing a seasonal permit from the Environmental Protection Division
with respect to its water sewer treatment capacity; and
WHEREAS, the City has adopted Storm Water Management Ordinances and is
making efforts to control non -point source pollutants; and
NOW THEREFORE, BE IT and,
IT IS HEREBY ORDAINED by the governing authority for the City of Tybee Island
that the Code of Ordinances, is hereby amended by the adding sections to be identified
and numbered in Title 8 Land Development Code, Chapter 15 , Growth Management
§ 1 , et seq., which said sections read as follows:
S1. Findings and Statement of Purpose
The Mayor and Council make the following findings and statement of purpose:
Rapid development has occurred within the City over the past several years increasing
demand and causing an excessive burden upon the infrastructure of the City, particularly
with respect to waste water treatment and drainage concerns; there is a compelling
need to upgrade the water and sewer treatment facilities; following the presentation of
information by the City Public Works Department; the City Water Department and
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evidence presented by the City's engineers and following comments from representatives
from Environmental Protection Division of the Department of Natural Resources; the
Mayor and Council of the City find that all of the circumstances are such that a critical
stage is approaching with respect to overburdening the existing infrastructure of the City
and in order to plan therefore, and in order to prevent a shortage of facilities and so as
not to place the City in a position where penalties are sought from the City for violation
of any permits, in the interest of the public health, safety and welfare, the Mayor and
Council find that restrictions on development pursuant to a realistic schedule which will
coincide with planned improvements to the waste water treatment plant and in order
to conform to the master plan previously adopted by the City, it is found as a matter of
governmental interest and public concern, that an immediate measure is necessary in
order to more fully plan and control growth within the City in order to protect the
facilities of the City and its' citizens.
§2 - Development /Growth Schedule /Moratorium
A moratorium is hereby imposed on the issuance of any additional water /sewer
tap -in permits for any structure or project or development of any nature whatsoever
except for single family residences. This moratorium shall be effective until a realistic
schedule is developed or for a period not to exceed ninety -three (93) days while the
Mayor and Council, City Manger and departments within the city investigate ways to
control the increasing demands on the water /sewer treatment facility and to enact
ordinances or to reject proposed ordinances dealing with ways to control the increasing
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demands on the water /sewer treatment facility. Further, during the term hereof, the
City Manager, the Mayor and Council, and all the departments of the City may
investigate ways for improving the wastewater treatment facility and financing for
improvements as may be deemed necessary and to assess the degree and nature of
further demand on the water /sewer system.
S3 - Procedure
The following procedures shall be put in place immediately. Under the Supreme
Court case of Cannon v. Clayton County, 255 Ga. 63 (1985), the Supreme Court stated,
"Where a landowner makes a substantial change in position by expenditures and reliance
on the probability of the issuance of a building permit, based upon an existing zoning
ordinance and the assurances of zoning officials, he acquires vested rights and is entitled
to have the permit issued despite a change in the zoning ordinance which would
otherwise preclude the issuance of a permit ". Pursuant to this case, the City of Tybee
Island recognizes that, unknown to the City, de facto vesting may have occurred. The
following procedures are established to provide exemption from the moratorium where
vesting has occurred:
(a) a written application, including verified supporting data, documents
and facts, may be made requesting a review by the Mayor and Council at
a scheduled meeting of any facts or circumstances which the applicant
feels substantiates claims for vesting and the grant of an exemption;
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(b) within one week of the enactment of the moratorium, the City shall
cause to issue an advertisement in the newspaper of local circulation to
run once a week for two consecutive weeks providing notice to the public
of the imposition of this moratorium and the opportunity for review before
the Mayor and Council.
54. Preamble /Findings of Fact
The preamble to this ordinance is hereby incorporated into this ordinance
as if fully set out herein.
S5. Variance
Where, by reason of unusual circumstances, the strict application of this
ordinance would result in exceptional practical difficulty or undue hardship upon any
owner of specific property, the Mayor and Council in passing upon an application for a
variance shall have the power to vary or modify strict adherence to the terms hereof so
as to relieve such difficulty or hardship; provided however, that such variance,
modification or interpretation shall remain in harmony with the general purpose and
intent of this ordinance so that the goals hereof can be achieved and substantial justice
done. In granting any variance, the Mayor and Council may impose such reasonable and
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additional stipulations and conditions as will in its judgment thus fulfill the purposes of
this ordinance.
S6. Severability
The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance
shall be declared invalid by the valid judgment or decree of any court of competent
jurisdiction, such illegalities shall not effect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance.
S7 - Repealer
All ordinances and parts of ordinances in conflict herewith are hereby
expressly repealed.
58 - Adoption /Effective Date
The adoption date of this ordinance is , 2000 and it
shall become effective on that date.
59 - Expiration
Unless renewed following additional hearings, this ordinance shall expire
Ninety -three (93) days from the effective date hereof.
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become and be made a part of the Code of Ordinances,
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City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to
accomplish such intention.
ADOPTED THIS _ DAY OF , 2001.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
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