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HomeMy Public PortalAbout20011213CCMeeting1 1 @ @ITEM 2001 -12 -13 City Council Minutes Mayor Walter W. Parker called the December 13, 2001 City Council meeting to order at 7:03 P.M. with the following members of Council present: James Burke, Jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Manager Tom Cannon and City Attorney Edward Hughes were present. The Reverend Hale Bishop gave the invocation. The Pledge of Allegiance was recited. Mayor Parker asked the outgoing council members to come to the front of the Council chamber. Parker presented each with a plaque stating that he has served with many over the years and that this group has worked hard for the people of Tybee. Youmans made some nasty remarks and said that he got a plaque 2 years ago and he deserves another one. Henry Levy spoke to Council as a member of the Beach Task Force concerning the $450,000 to put sand on North Beach. Levy said that the sand should be moved from the point and not trucked in from Eden, GA. Fire Chief Jimmy Brown asked if he should speak about his 2002 budget now or wait until Council discuses it during open meeting. Parker told Brown to wait. Pearce said that Longwater wanted to ask Council about the curb cuts for handicap persons. Cannon answered that 5th, 9th and 11th Streets are complete and that 18 more have been cuts but no completed and that this is a 2002 project. Mayor Parker asked Jimmy Brown to come forward. Parker presented Brown with a proclamation stating that he was our own town hero when he saved the two young people from drowning this past August. Mayor Parker opened, asked for comments and closed the following public hearings according to the law. Arthur Handy of 605 15th Street, PIN 4- 10 -2 -9 requested a variance for continuance of non - conforming use of his structure in order to enclose a porch on the backside of his home. The wall will set 8 inches into the setback. O'Brien mentioned that several public hearings tonight involve closing in of porches or decks and there is not documentation on the storm water in the packet. Hughes answered that the petitioners must comply with the ordinances. Pearce said that he believes that this type of request could be handled administratively. Hughes said that Ms. Hodges is working on this issue. Levy said the Planning Commission vote 7 in favor of granting and 1 abstained. Kay Anderson of 104 9th Street, PIN 4- 5 -21 -5, requested a variance for continuance of non - conforming structure in order to build a bathroom on the back of her home. Mrs. Anderson said that her family has owned this property since the 40's. Youmans asked about FEMA rule on plumbing on a ground floor. Bargeron answered that it will not exceed the 50% rule. Youmans said he wanted a yes or no on whether FEMA will allow a bathroom on ground floor. Bargeron said yes. Levy said Planning Commission vote 7 in favor of granting, 1 abstained. Paul Greene of 501 D Miller Avenue, PIN 4- 4- 24 -1K, requested a variance for continuance of a non - conforming use structure in order to add a roof to an existing porch and add a porch towards the marsh. Greene told council he had a letter from EPA. Pearce said that this letter from EPD concerns the soil and sedimentation setback from the marsh. Bargeron answered that there is a 25 -foot buffer. Levy said Planning Commission vote Tin favor to grant, 1 abstained. 1 1 Community Director Hodges presented Council with a petition from Harry Haslam, 19 8th Place, PIN 4 -6 -2 -6 for continue use of non - conforming structure in order to enclose the 2nd story porch, Butler side, and to remodel the ground floor to make it livable space. Hodges said this meets the 50% FEMA rule and elevation. Levy said Planning Commission voted 8 to 0 in favor of the project. Louis Off of 21 Teresa Lane, PIN 4 -22 -1 -344, petitioned Council for a variance of the Shore Protection Act in order to construct a dune crossover. Off told Council that because of some changes with DNR that he must have Council approval before applying to the DNR. Levy said that the Planning Commission vote 8 to 0 in favor of variance. Hughes said this is like a revocable license conditioned on area owned by Off. Community Director Hodges presented a variance for side yard setback, Diversified Construction Jeff Cramer, 12 9th Street, PIN 4- 6 -3 -16. Hodges said that the home is currently under construction and this variance would allow access to the 2nd story from the Butler side of the property. Hodges also stated that she and her staff see no hardship. Levy said that Planning Commission voted 5 to 2 to deny the request with 1 abstaining. Mike Ruth presented Council with a petition from Jack & Elizabeth Hall for a variance to the Shore Protection Act in order to build a dune crossover at #1 10th Court, PIN 4- 6- 16 -13. The crossover will serve 2 resident duplex. Parker asked what is behind this duplex. Ruth answered other homes. Parker asked if this crossover will serve all residents. Ruth answered no, private drive. Hughes asked Ruth how do they access the beach now. Ruth answered a five -foot path through the dunes. Ruth said that the other residents on 10 Court will not join in on the cost, the upkeep or the liability. Youmans said that this sounds just like Myrick on 18th Place. Parker said that if Council approves this still has to go before the DNR. Hughes said that is correct, they will not entertain petition until the city acts on it first. Levy said that the Planning Commission voted 7 to 1 in favor, 1 abstained. Mayor Parker opened the meeting for business legally presented. Pearce moved to approve the following public hearing zoning petitions: Arthur Handy, 603 15th Street, PIN 4- 10 -2 -9; Paul and Gail Greene, 501 D Miller Avenue, PIN 4- 4- 24 -1K; Harry Haslam, 19 8th Place, PIN 4- 6 -2 -6. Monaghan seconded. Vote by Council was unanimous. Monaghan moved to approve the following public hearing zoning petitions: Kay Anderson, 104 9th Street, PIN 4- 5 -21 -5; Louis Off, 21 Teresa Lane, PIN 4 -22 -1 -344 contingent on easement; Jack & Elizabeth Hall, 1 10th Court, PIN 4- 6- 16 -13. Pearce seconded. Vote by Council was unanimous. Pearce moved to deny the petition by Diversified Construction, Jeff Cramer, for a side yard setback variance. Monaghan seconded. Vote by Council was 4 in favor of denial (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). O'Brien said that we need the Planning Commission, Community Development staff and DRN to look at the concerns of the planning commission on the dune crossovers. Levy said that if Council is willing to accept responsibility and liability then there is no problem. Monaghan moved to set a time limit of 60 days. O'Brien seconded. Vote by Council was unanimous. Pearce moved to approve the November 8 minutes as presented. Monaghan seconded. O'Brien said she has a correction concerning her motion on the resolution on 1 1 1 the 4 year terms. Should read O'Brien moved to adopt the resolution on the 4 -year tem limit to go to a referendum for the citizens to vote on in 2002 as suggested by Representatives Burke and Senator Eric Johnson. Vote by Council was 5 in favor, 1 abstained (Sessions). Pearce moved to approve the 2001 Capital Budget adjustment presented by Finance Director Greg McLean. Monaghan seconded. Vote by Council was unanimous. Monaghan moved that McLean prepare a fmancial procedure manual for the entire city outlining how the department head go about requesting a budget item. Pearce seconded. Youmans said that when council adopted the 2001 budget last December it was approved to put funds in for the purchase of 2 police vehicles, which was not done. O'Brien said that a policy statement is needed concerning the contingency fund. GMA recommends 1 to 3 % of a budget. Vote by Council was unanimous. Freda Rutherford said that she expected Pat Locklear to present the Long Range Beach Management Plan to Council. Parker said that the proposal states Hotel Motel funds; these are regulated by the State of Georgia so they cannot be used for beach renourishment. O'Brien moved to approve the contract for Olsen numbers 1 and 2, 10 year plan for long term beach disposal and off island sand source. (Copy attached and becomes a part of these minutes). Pearce seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). McLean presented the 2002 budget for its second reading. McLean said that cuts requested by Council have been completed. Burke and Youmans said that to put off adoption until new Council takes office in January. Fire Chief Jimmy Brown spoke to Council on the way the cuts were made to his department and others without any input from the department heads. Brown said that he would not have known anything about these cuts unless the Clerk of Council had not called him this morning. O'Brien said we had a good process but hat it did not occur this year. No total figures were presented to Council only department heads request. First time Council saw total figures was a month ago. O'Brien said she raised concern over the 1.8 million increase in General Fund. At the last meeting 10 or so areas were identified and Council asked that they be gone over with staff. Youmans said he does not deny that the budget is high and that cuts should be done but if cuts are needed, at least talk with the department head before they are made. Cannon said you need an 18 -inch ruler to go over the budget. Cannon said the person who is to replace Jackie Brown, as Clerk of Council is a decision made by Council and not Jackie. Cannon said that department heads did not review the cuts — if they got copies of the revised budget at all. Cannon recommended that Council has several options. Youmans questioned the clerk training for Claire Price and that Cannon approved. Canon answered that he only approved the finance training not that of Clerk of Council, 3 employees have met standard for the state of Georgia. Parker said that Council should consider adopting budget that was presented November 15, 2001. O'Brien disagreed and stated that the information is very poor. Burke said that the adoption should be put off until new Council is in office. O'Brien asked if the fire chief wanted the money cuts back in his budget? Brown answered that nobody came and asked what could be cut form the budget, before you adopt this budget should go back to the department heads for input. O'Brien said that $9,000. was cut from equipment; 1 1 $7,000. cut from salary and pension. Cannon recommended approval of the 5.8 million budget and to shift $17,000. back into the fire department. O'Brien moved to adopt the capital budget. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (burke and Youmans). Burke said to deferred action on the operational budget until the new Council and we should carry over with the present budget. Youmans seconded. Sessions said that part of this Council responsibility is to adopt a budget and if we do not we will not being doing the job we were elected to so by the citizens. Sessions said that the budget adjustments are a learning process for Council. Pearce asked Hughes if the Council was not required by law to adopt the budget for the upcoming year? Hughes answered that under the charter, but if not adopted then the present budget would carry over. Voting in favor of the motion to defer action were Burke and Youmans. Opposing were Sessions, Monaghan, O'Brien and Pearce. O'Brien moved to adopt the operational budget with the exception of moving the $17,000. back into the fire budget from contingencies. Pearce seconded. Voting in favor were Sessions, Monaghan, O'Brien and Pearce. Opposed were Burke and Youmans. Pearce moved to adopt Section 10 -1 -37 Same — Display on Vehicle: Design, Etc. on its first reading. Monaghan seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Pearce moved to adopt an ordinance on its first reading from the Georgia Municipal Employee Benefit System. Youmans seconded. Vote by Council was 4 in favor (Burke, Youmans, Monaghan and Pearce); 2 opposed (Sessions and O'Brien). Monaghan moved that Council carry over the Family Medical Leave Act until January of 2002. O'Brien seconded. Vote by Council was unanimous. Pearce moved to adopt the resolution for the DOT TEA -21 grant. Youmans seconded. Vote by Council was unanimous. Mayor Parker congratulated Jackie Brown on her achievement of being the first clerk in Georgia to earn a certificate for Advanced Education Management Development Program. Pearce moved to accept the election results from the November 6th municipal elections. Monaghan seconded. Vote by Council was unanimous. It was announced that the Saxman report is for information only. Burke asked how much have we paid Saxman to date. Cannon said $750. so far. Monaghan asked if the questions and concerns been answered or can we do a stop work order? Community Development Director Hodges said she is satisfied with the discussions and that she met today with Hughes and the attorney for Clark. Monaghan said that a green space plan was requested in July, and that if this type is continued to happen and the contractors comes to the city and ask for forgiveness, across the street is a gated community, and this is deplorable thing to have happened on Tybee. O'Brien questioned Phase I & II. Hodges said that she can withhold C.O.'s on I & II if Phase III does not comply with codes. Pearce moved to amend the contract of Tom Cannon by changing the severance pay from 3 months to 6 months. Monaghan seconded. After discussion Council vote was 3 in favor (Session, Monaghan and Pearce); 3 opposed (Burke, Youmans and O'Brien). Mayor Parker broke the tie by voting against the motion. Pearce then moved 1 1 to amend to 4 months. Monaghan seconded. Vote by Council was the same as above but Mayor Parker voted in favor thereby breaking the tie in favor of the motion. Monaghan requested that Mayor Parker appoint a citizen committee to study the zoning on the beach side of Butler Avenue under he guidance of Elizabeth Hodges. Pearce seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Burke moved to deny the conservation easements for Rosewood, Sally Pearce trail and Blue Heron. Youmans seconded. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Pearce moved to adopt the conservation easements for Rosewood, Sally Pearce trail and Blue Heron. O'Brien seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). City Manager Cannon gave a report to Council on the Savannah Chamber stating that he and Bill Hubbard will meet and go over the contract. Youmans and Parker both said that the Tybee Council of the Chamber sets the budget. Pearce moved to adopt Title 12 Growth Control on its second reading. Monaghan seconded. Vote by Council was 4 in favor (sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). The effective date is January 1, 2002 and will expire December 31, 2002. O'Brien brought up the following three action items: 1. Chimney Creek flat bridge on Highway 80: 2. Huc a Poo's live kick ass music is being advertised for this weekend. Council needs to review the renewal of the license: 3. Citizens Survey — there are piles of them at Freddie's Station and that the only surveys that should be counted are the ones that come back in the correct envelope. Cannon said that the deadline for the surveys is January 1St and that this will be a guide for the following council. Monaghan said that she would like an update on the speed limit coming on to the island. Parker said that DOT told him that 45 MPH is a reasonable speed, but we ill also ask the police department to run radar in that area. Monaghan moved for executive session to discuss litigation. Sessions seconded. Vote by Council was unanimous. Mayor Parker reconvened the regular meeting on a motion by Sessions and a second by Pearce. As there was no further business to come before Council, Mayor Parker adjourned the meeting. 1 Clerk of Council Mayor Walter W. Parker 1 WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMATION The City of Tybee Island is very proud of one of their own; and The Mayor and Council would like to honor this person by declaring him as a real hero; and on August 18, 2001 on the beach at 18th Street, Jimmy Brown, with no thought to his own personal safety did go into the water to save two young persons from drowning, and from his effort that the two young persons were rescued and brought to shore on the Back River where the Police and EMS revived the one in serious danger. NOW THEREEFORE, I, Walter W. Parker, Mayor of the City of Tybee Island do hereby proclaim the honor of presenting Jimmy Brown with this proclamation. Adopted this 13th day of December 2001. Mayor Walter W Parker own, Clerk of Council 1 1 1 City Of Tybee Island Finance Department To: Mayor Walter Parker Councilman James Burke Jr. Councilwoman Anne Monaghan Councilwoman Pamela O'Brien Councilman Mallory Pearce Councilwoman Shirley Sessions Councilman Jack Youmans Sr. City Manager Tom Cannon Clerk of Council Jackie Brown From: Gregory Mc Lean Subject: Capital Budget Request Date: December 2, 2001 The capital expenditures by several departments is over the amount originally budgeted by City Council on a line item basis. On an aggregate basis the budget for the year is under the budget by $24,808. In addition, we obtained lease financing in the amount of $95,728 that was also not budgeted as a source of other revenues. We are seeking approval by the city Council for the individual line item requests in the amount of $127,881 of which $95,728 has been covered by lease financing. Attached is the schedule of the capital request by department. Yours faithfully, Pc Gregory Mc Lean Finance Director Attachment: 1 1 1 Capital Expenditures Budget Request The Capital spending budget for the year was $889,192 for all departments. Included in this amount was $605,292 for the new gym. The actual expenditures for the year to date are $259,091. The capital budget less the gym line item is $283,900 ($889,192 - $605,292), accordingly the City is under the budget for the year by $24,808. Several departments however, are over budget in certain line items that will require Council approval. The City was able to obtain finance leasing from the Georgia Municipal Authority (GMA) in the amount of $95,728 for the purchase of cars, trucks and other equipment. This source of financing was not budget as a revenue line item. Attached for your review and consideration is a schedule of the capital budget by department, the actual expenditures for the year and the budget request. Of the $127,881 in the budget request, the police department has obtained $42,102 in GMA lease financing, the building and inspection department $20,346 and the public works department $33,280 for a total of $95,728. Capital Expenditures Budget Request Department Original Budget Actuals Budget Request Chief Executive Computer 0 $1,242 $1,242 Finance Office Improvements 25,000 0 0 Vehicles 20,000 0 0 Furniture and Fixtures 2,000 1,938 0 New Copy Machine 0 8,500 8,500 Totals 47,000 10,438 8,500 Data Processing Telephone Upgrade 4,000 5,355 1,355 Electric Breakers 25,000 0 0 Computers 8,000 6,130 0 Network Laser 7,000 842 0 Totals 44,000. 12,327 1,355 Building Inspection Vehicle 11,000 20,346 Furniture and Fixtures 500 75 Parking Police Totals 11,500 20,421 New Meters Fumiture and Equipment 9,346 0 9,346 19,700 21,775 2,075 600 456 0 Totals 20,300 22,231 2,075 Machinery 17,000 11,579 0 Vehicles 30,000 62,448 32,448 Totals 47,000 74,027 32,448 Cultural General Assistance GYM Pool 605,292 2,337 0 Vehicles 19,000 18,889 0 Sites 0 4,249 4,249 Machinery 0 19,307 19,307 Other Equipment 0 3,147 3,147 Totals 624,292 47,929. 26,703 Park Areas Seven Flags 0 242 500 Public Works Parks Administration Sites 12,000 0 Public Restrooms 20,000 0 Solid Waste Sites 0 4,775 Storm Drains 0 573 Govemment Buildings 0 10,718 Machinery 8,500 14,691 Vehicles 10,000 33,280 Furniture and Fixtures 500 0 Computers 1,500 0 Computer Software 2,500 0 Computer Service Contract 1,000 0 Totals 56,000 64,037 0 0 4,775 573 10,718 6,191 23,280 0 0 0 0 45,537 Life Guard Beach Related Land and Buildings 6,000 0 0 Vehicles 5,100 3,060 0 Funiture and Fixtures 0 175 175 Totals 11,100 3235 175 Fire Department Machinery 28,000 2,962 0 Total All Departments 889,192 259,091 127,881 Memorandum: To:- -Mayor and Council • From : Tom Cannon, City Manage Re: Action Item - Beach Renouris'.0 ent Grant Implementation Approval . Date: November 26, 2001 1 REQUEST::. . That the Mayor and Council approve the. implementation of the_ $450,000 grant from the State of Georgia for North Beach Renourishment. • Tasks to be accomplished are: • 1. Award a. consulting contract to Erik Olsen for the engineering, permitting an& . project management for the $450,00 grant from the State of Georgia for North Beach renourishment at a cost of $25,000. 2. Implement the construction phase of the project at a cost of $200,000 3. Determine how to use the reminder of the funds. For example, the funds could to be used for the acquisition of a long term beach disposal permit to allow for the disposal of beach compatible material by the Corps of Engineers — approximately $200,000. Staff Recommendation: I recommend that the Mayor and Council approve: 1) the $25,000 contract for Era Olsen for the permitting to move the sand; 2) the actual construction contract; and 3) negotiating a contract with Erik's for the remainder of the funds to meet future permitting needs. The Tybee Island Beach Task Force has also recommended that funds also be • budgeted for monitoring the project. See attached memo from Erik for a detailed description of the work to be accomplished. Please note that $25,000 has already been spent for a survey of the area. Attachment TC /fr 1 1 Section 3 -1 -2 Annual Budget 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 3 Finance and Taxation, Chapter 1 Financial Administration, Section 2 Annual Budget; Appropriation Ordinance, be amended to read as follows: Section 1. Section 3 -1 -2 is hereby amended to read as follows 3 -1 -2 Annual Budget; Appropriations Ordinance. (a) An annual budget and appropriations ordinance shall be adopted by the mayor and council prior to the first day of the fiscal year, provided if such budget and appropriations ordinance is not adopted, the previous year's budget and appropriations ordinance shall continue as the budget for the ensuing fiscal year and until the new budget and appropriations ordinance is adopted. (b) The budget as adopted shall be a balanced budget with anticipated revenues equal to appropriated expenditures.(ORD. 1994- 01)(Ord. No. 1994 -01, Revised, 01/13/94) (c) It is hereby ordained by the governing authority of the City of Tybee Island that the fiscal operating budget for the year 2002 be adopted to read as follows: Whereas, The City of Tybee Island operates on a fiscal year beginning on January 1st and ending on December 31st of each succeeding year; and Whereas, The State of Georgia, in the Official Code of Georgia, Section 36 -81 -7, provides for the submission of the City's proposed budget to the public; and Whereas, in obedience to the Georgia Code, the FY 2002 budget has been submitted to the Tybee Island City Council; and Whereas, on November 15th, a public hearing on the budget was held before the Mayor and Council in Open Meeting; and Whereas, the public was informed in a manner proscribed by law of the availability of the budget for inspection both in the office of the Clerk of Council during regular business hours of the City and at the Tybee Island Branch of the CEL Library during their normal hours: Now, therefore, be it resolved, and it is hereby resolved by the Mayor and Council of the City of Tybee Island, Georgia, in open meeting assembled, the the aforesaid budget for FY 2002 is herby adopted as ordained by the State of Georgia as follows: Operational Budget Revenue General Fund $4,760,006 }A` , Water Sewer $1,307,208 Fund 3 1998 SPLOST $-0— $930'+ Expenditures General Fund $4,760,006 Fund 3 SPLOST $ -0- (ORD. 2000 -26; 12/14/00) h 1 Capital Budget Water Sewer $1,307,208 Page 1 of 2 1 1 1 Section 3 -1 -2 Annual Budget Revenue ................ General Fund $937,311 SA Water /Sewer $331,192 Fund 3 1998 SPLOST $42373-84 00 Expenditures Genial Fund $937,314 Fund 3 SPLOST $423,384 (ORD. 2000 -26; 12/14/00) 0 Water Sewer $3- 34492 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 Code of Ordinance of the City of Tybee Island, Georgia. Adopted this day of , 2001 Mayor Walter W. Parker City Clerk 1st Reading: 11/15/01 2nd Reading: Enacted: Page 2 of 2 1 1 Authorizing Resolution Resolution authorizing the City of Tybee Island (hereinafter referred to as "Sponsor ") and the Georgia Department of Transportation (hereinafter referred to as "Department ") to contract for funding under the Transportation Equity Act for the 21st Century (hereinafter referred to as "TEA -21 "). WHEREAS, the Secretary of the United States Department of Transportation (hereinafter referred to as "US DOT ") and the Commissioner of the Department are authorized to contract for Transportation Enhancement Projects; and WHEREAS, the contract for financial assistance imposes certain duties upon Sponsor including but not limited to the provision of its local share of the project costs; and WHEREAS, Sponsor guarantees that it will comply with Title VI of the Civil Rights Act of 1964, all other pertinent directives and all US DOT requirements; and WHEREAS, to complete the project, Sponsor will use Disadvantaged Business Enterprises to the fullest extent possible and will implement and administer procedures to ensure that minority businesses are competitive for contracts and purchase orders when procuring services including but not limited to construction contracts, supplies, equipment contracts or consultant contracts. NOW, THEREFORE, BE IT RESOLVED BY SPONSOR THAT: 1. Walter Parker, Mayor is authorized to execute the contract on behalf of City of Tybee Island with the Department for aid in financing construction, and all other activities incidental thereto, of Transportation Enhancement Activity pursuant to Public Law 105 -178 (1998); and all other provisions as set forth in the contract with the Department. 2. Walter Parker, Mayor is authorized to execute and file an assurance or any other document required by the US DOT and the Department certifying compliance with Title VI of the Civil Rights Act of 1964. 3. Walter Parker, Mayor is authorized to furnish any and all additional information that may be required by US DOT or the Department in connection with the application for the Transportation Enhancement Activity project and budget. 4. That Walter Parker, Mayor is authorized to set forth and execute affirmative disadvantaged business policies in connection with the participation goal established by the Georgia Department of Transportation. 1 1 1 CERTIFICATION The undersigned duly qualified and acting as Clerk of Council of the City of Tybee Island certifies the following: The City of Tybee Island has contributed the sum of $.00 towards preliminary engineering for this project. The City of Tybee Island has identified sufficient resources to complete the Scope of Work for this project and make all payments not covered by the federal Transportation Enhancement Activity funding contribution. The foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the City Council held on December 13, 2001. Official Seal Clerk of Council Title of Recording December 13, 2001 General Municipal Election November 6, 2001 OFFICIAL RESULTS Tybee Island Date:11 /07/01 Time:10:03:55 Page:1 of 1 Tybee Mayor Num. Report Precinct 3 - Num. Reporting 3 Number of Precincts Precincts Reporting Times Counted Walter Parker, Inc. Total 3 3 100.00% 1565/2417 64.75% 1096 91.49% Tybee Council Number of Precincts Precincts Reporting Times Counted Walter Crawford Whitley Reynolds Jack Youmans, Inc. Jimmy Burke, Jr. Inc Richard Barrow Jason Buelterman Shirley Sessions Inc Michael Hosti Pamela O'Brien, Inc. Anne Monaghan, Inc. Mallory Pearce, Inc. Edwin Longwater Carole L. Myrick Jimmy Carter Lisa Formby Total 3 3 100.00% 1565/2417 64.75% 791 9.30% 725 8.53% 725 8.53% 670 7.88% 638 7.50 %.. 636 7.48% 614 7.22% 612 7.20% 582 6.85% 580 6.82% 571 6.72% 564 6.63% 325 3.82% 317 3.73% 144 1.69% Tybee Referendum Number of Precincts Precincts Reporting Times Counted Total 3 3 100.00% 1565/2417 64.75% 1002 66.84% 497 33.16% 1 1 1 STATE OF GEORGIA ) ) Agreement as to Terms of Appointment for City Manager COUNTY OF CHATHAM) for the City of Tybee Island, Georgia This agreement made and entered into this 13 day of ? 2001, by and between the City of Tybee Island, Georgia (hereinafter "the City "); and Thomas Cannon (hereinafter "the City Manager" and /or "Tom Cannon "). WHEREAS, by Charter of the City of Tybee Island, Georgia, the position of City Manager was created; and WHEREAS, the Mayor and Council of the City conducted a diligent search for a person to fill the position of City Manager and now desires to appoint and has appointed Thomas "Tom" Cannon as City Manager, and Mr. Cannon desires to accept and has accepted such appointment; NOW THEREFORE AND CONSIDERATION of the mutual covenants and conditions flowing to each party, the parties do agree as follows: 1. The City affirms its appointment of Tom Cannon by and through the Mayor and Council and Mr. Cannon agrees to accept such an appointment in the capacity as City Manager as that position is defined in the charter for the City of Tybee Island. Such appointment shall continue unless terminated as set forth herein. 2. Either party may terminate this agreement and Tom Cannon's appointment at any time after the execution of this agreement upon thirty days written notice to the other party. In the event of such termination by the City, the City shall pay to Tom Cannon on the final day of his employment, liquidated damages in an amount equal to n s s of total compensation and the City shall maintain health insurance and similar employment benefits for a three month period. (4I t ' jrs (9( (914; 1 1 1 Provided, however, notwithstanding the above, in the event the City terminates Mr. Cannon's employment because of any act or acts by Cannon in the performance of his official duties which result in criminal charges involving moral turpitude for which Mr. Cannon is convicted, then Mr. Cannon shall forfeit any and all liquidated damages provided herein. Mr. Cannon may be suspended with pay, by the City in its discretion during the pendency of any such criminal investigation. In the event of termination by either party, this agreement shall terminate and expire on the effective date of termination and to each party's obligation hereunder shall cease thereafter. 3. All notices required or permitted to be given under this agreement, shall be given by personal service upon or certified mail, return receipt requested effective upon the date of personal service or on the date of mailing, to the other parties at the following addresses or to such other addresses as either may designate in writing to the other: If to the City: If to Cannon: Mayor City of Tybee Island Post Office Box 2749 Tybee Island, Georgia 31328 Thomas "Tom" Cannon 104 Chancey Lane Savannah, Georgia 31410 4. Mr. Cannon shall diligently and conscientiously devote his time and attention and his best efforts to discharge his duties as City Manager. Other office or employment g: \common \emh \tybee \322 \contract 2 1 1 1 for enumeration while so employed will only be permissible after coordination with the Mayor and Council and an agreement pertaining thereto is reached. 5. Mr. Cannon shall perform such duties and responsibilities as outlined in the charter of the City and any job description which may be provided to him as either may from time to time be amended, as well as perform such other duties as may reasonably be required of him by the Mayor and Council. 6. Mr. Cannon shall at all times discharge his duties and consultation with the Mayor and Council, keeping them informed of his actions and decisions within the scope of his authority. He shall be responsible to the Mayor and Council for the proper and efficient administration of all affairs of the City accept as may otherwise be provided by law. 7. Mr. Cannon's compensation shall be as provided herein. Commencing the 11th day of October , 2001, the City shall pay to Mr. Cannon as compensation for his services the sum of $ 60,159.20 annually, herein referred to as "annual base salary" subject to withholding for appropriate items such as federal and state income taxes FICA. At least annually, the Mayor and Council shall consider a merit increase in addition to any other increases that may be considered and whether to award such an increase and the amount thereof is to be solely within the discretion of the Mayor and Council. Interim reviews may be conducted at any time at the discretion of the Mayor and Council. If at any time during the existence hereof, the City Manager resigns following a suggestion, whether formal or informal, by the Mayor and Council that he resign, then, g: \common \emh \tybee \322 \contract 3 1 1 1 in that event, the City Manager may, at his option, be deemed to be terminated at the date of such suggestion within the context of the liquidated damages provision provided herein. The annual gross compensation shall be paid in equal periodic installments with such frequency as other city employees are normally paid. 8. In addition to all other compensation provided herein and in recognition of the fact that the City Manager's duties require that he shall have use of his personal automobile in connection with his employment, the City shall pay mileage expenses at the same mileage rate as the current State of Georgia mileage reimbursement rate for Mr. Cannon's travel outside the limits of the City of Tybee Island on official business except for mileage incurred travelling to and from work or the City may provide, at its option, Mr. Cannon a vehicle for his official duties. 9. In addition to all other compensation provided herein, the City shall budget, pay and provide to Mr. Cannon: a) any all benefits which are provided to full -time City employees as a whole. b) such annual leave, sick leave, vacation time as may be provided to full - time City employees as a whole or as negotiated with the Mayor and Council. c) coverage under liability insurance provided by the City. d) term life insurance naming Mr. Cannon as insured in an amount equal to $ 15,000.00. g: \common \emh \tybee\322 \contract 4 1 1 1 e) hospital, medical and dental insurance coverage provided to full-time City employees as a whole or as negotiated with the Mayor and Council. f) professional dues and subscriptions for the City Manager's participation in organizations necessary and desirable for professional growth and for the good of the City. g) travel subsistence and related expenses for the City Manager associated with official travel, meetings and conferences to continue the professional development of the City Manager and /or to pursue necessary official functions for the City. h) certain expenses of a job affiliated nature which the City recognizes are incurred by the City Manager. The City agrees to reimburse or to pay said general expenses and the finance director is hereby authorized to disburse such monies upon receipt of dully executed expense or petty cash vouchers, receipts, statements or personal affidavits. i) the City shall avail Mr. Cannon regular opportunities for professional training and advancement in order to enhance his contributions to the citizens of the City. 10. If the City Manager dies prior to the termination of this agreement, this agreement shall then terminate and the City shall pay to the City Manager's estate as soon as possible all salary or expense reimbursement accrued through the date of his death. The City shall not be under any obligation to pay any other amounts of any kind to his estate g: \common \emh \tybee \322 \contract 5 1 1 1 or heirs and shall not be obligated for the payment of the amounts hereinbefore designated as liquidated damages. 11. All equipment supplied by the City and all records and files of the City Manager shall be the property of the City and shall remain such property during the course of this agreement and upon termination. 12. The City shall defend, safe harmless and indemnify the City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of his duties. The City shall pay the amount of any settlement or judgment rendered thereon. Notwithstanding the foregoing, no indemnity obligation shall apply to or cover any intentional or willful tort or willful and wanton negligence or any act committed while operating a vehicle under the influence of alcohol, controlled substances or dangerous drugs (other than those for which a valid prescription exist) each of said terms being as defined by Georgia law . 13. The text herein shall constitute the entire agreement between the parties. This agreement shall be binding upon and inure to the benefit of the City Manager, his heirs at law and executors. g: \common \emh \tybee \322 \contract 1 1 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and year first above written. City of Tybee Island, Georgia Atte alter W. Parker, Mayor Witness: Drafted and Reviewed By: Edward M. ughes Attorney for City of Tybee Island, Georgia EMHITYBEE13221CONTRACT.3M g: \common \emh \tybee \322 \contract 7 1 1 1 Clock #: 225450 FILED FOR RECORD 12/28/2001 02:5 PAID: 18.00 Susan D. Froue, Clerk St erior Court of [hates Cub Chatil ,; County, Georgia Return to: Edward M. Hughes, Esq. P. O. Box 9150 Savannah, GA 31412 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the "Declaration ") is made effective the 13 day of Veee M , 2001, by the Mayor and Council of the City of Tybee Island, Georgia ( "City "), a Georgia municipal corporation, which is the owner of the real property described below in section 1 ( "Property"); and WHEREAS, by resolution adopted by the Mayor and Council of the City, a certified copy being attached hereto, it is the purpose of this Declaration to provide for the improvement of the welfare of the citizens of the City, its property owners, and others who may use the ways and areas served by the below described property by establishing these covenants and conditions. WITNESSETH: I. THE PROPERTY TO WHICH THIS DECLARATION APPLIES: The covenants, restrictions and provisions set forth below shall apply to the following Property 1 rya 1 1 1 located in Chatham County, Georgia, in the City of Tybee Island (the "Property "), to -wit: All that certain lot, tract or parcel of land situate, lying and being in Chatham County, Georgia, on Tybee Island being the unopened portion of Fifth Avenue from its intersection with U. S. Highway 80 extending southwardly through and including Sixth Street to its southern termination, as will appear on the official map of the Town of Tybee prepared by Percy Sugden, C.E. dated July 20, 1928 to which express reference is made for a more particular description. II. RESTRICTIONS: The City, as a holder of title of the above described Property, does impose the following covenants to establish a conservation easement as provided and permitted pursuant to Title 44, Chapter 10, Article 1, of the Official Code of Georgia, as being covenants running with the land as follows: The above described Property shall be permanently used and maintained in its natural, vegetative state with the exception of any existing, meandering foot path or such other area as designated by the City, which shall remain available to the public for observing, bird watching, walking and beach access and that no other uses shall be conducted or permitted in the above described area. M. MANAGEMENT AND MAINTENANCE: The City shall be responsible for maintaining the Property, including any path or walk, and all other acts and decisions with respect to the property not inconsistent with these uses. The subject Property shall be managed by the City of Tybee Island pursuant to such directions and by such persons as it establishes and designates. Facilities, including but not limited to signs, benches, and platforms, may be placed on the property for the comfort and convenience of the public and use consistent with the purposes of these covenants provided they do not impair or destroy any of the natural vegetation and topography of the Property except that trails and paths 1 1 1 may be relocated or created. Good and accepted ecological practices shall be employed to preserve the Property in its natural condition. W: RIGHT TO MODIFY: The sole right to modify or terminate these restrictions and this Declaration only shall be in accordance with provisions of O.C.G.A. §44 -10 -4. IN WITNESS WHEREOF, this Declaration has been executed by the duly authorized officials of the City of Tybee Island, Georgia, as of the day and year first written above. Signed, sealed and delivered in the res t of: W. CITY OF : EE IS e EORGIA By: Atte Mayor Walter W. Parker 3 [MUNICIPAL SEAL] 1 1 �.s I T vi Yd h ISLAND, CERTIFIED COY, NO. OF _S RESOLUTIO Clerk of Council Dale WHEREAS, the City of Tybee Island owns the real property described below; and WHEREAS, the City desires to establish covenants running with the land pursuant to Title 44, Chapter 10, Article 1, of the Official Code of Georgia; and WHEREAS, no uses other than for recreation including walking, observing, and similar activities shall be permitted on the property described below; and WHEREAS, the City has the authority under its charter to regulate right -of -way areas, to provide for recreational uses and to take other actions consistent with these purposes. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, Georgia, duly assembled in open meeting that restrictions running with the land be established and imposed upon the following described Property, to wit: All that certain lot, tract or parcel of land situate, lying and being in Chatham County, Georgia, on Tybee Island being the unopened portion of Fifth Avenue from its intersection with IJ. S. Highway 80 extending southwardly through and including Sixth Street to its southern termination, as will appear on the official map of the Town of Tybee prepared by Percy Sugden, C.E. dated July 20, 1928 to which express reference is made for a more particular description. The above described Property shall be permanently used and maintained in its natural, vegetative state with the exception of any existing, meandering foot path or such other area as designated by the City, which shall remain available to the public for observing, bird watching, walking and beach access and that no other uses shall be conducted or permitted on the above described Property. The City shall be responsible for maintaining any path and all other acts and decisions with respect to the property not 1 1 inconsistent with these uses. The City shall be responsible for maintaining any path and all other acts and decisions with respect to the Property not inconsistent with these uses. The subject Property shall be managed by the City of Tybee Island pursuant to such directions and by such persons as it establishes and designates. Facilities, including but not limited to signs, benches, and platforms, may be placed on the Property for the comfort and convenience of C. a the public and use consistent with the purposes of these covenants provided they do not t.. impair or destroy any of the natural vegetation and topography of the Property. Trails and paths may be created or relocated. Good and accepted ecological practices shall be ro c employed to preserve the Property in its natural condition. The sole right to modify or terminate these restrictions and this Declaration only shall be in accordance with provisions of O.C.G.A. §44 -10 -4. The Mayor and Clerk of Council are hereby authorized to execute the covenants attached to this resolution and cause the same to be recorded in the records of the office of the Clerk of Superior Court of Savannah, Georgia. This (3 day of be,,c.e.w ( -L 2001. SEH120512\RESOLUf.sp Mayor Walter W. Parker [SEAL] Clock#: 225451 FILED FOR RECORD 12/28/2001 02: MAID: 24.00 Susan D. Prousv, Clerk Swerior Court of Chatham Co ty Casty, Georgia Return to: Edward M. Hughes, Esq. P. O. Box 9150 Savannah, GA 31412 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the "Declaration ") is made effective the ! 3 day of be c P ,,,,, , 200 /, by the Mayor and Council of the City of Tybee Island, Georgia ( "City "), a Georgia municipal corporation, which is the owner of the real property described below in section 1 ( "Property"); and WHEREAS, by resolution adopted by the Mayor and Council of the City, a certified copy being attached hereto, it is the purpose of this Declaration to provide for the improvement of the welfare of the citizens of the City, its property owners, and others who may use the ways and areas served by the below described property by establishing these covenants and conditions. WITNESSETH: I. THE PROPERTY TO WHICH THIS DECLARATION APPLIES. The covenants, restrictions and provisions set forth below shall apply to the following Property 1 C C c 1 1 1 located in Chatham County, Georgia, in the City of Tybee Island (the "Property "), to -wit: All that certain tract or parcel of land situate, lying and being in the State of Georgia, County of Chatham, in the City of Tybee Island, in Fort Screven Ward being a portion of Rosewood Avenue, said tract or parcel of land being more particularly described as follows: BEGINNING at a concrete monument at the intersection of northern boundary line of Lot 3, Ocean View Subdivision, said Ward, with the eastern boundary line of said lot and running thence along the northern boundary line of Lot 3, said subdivision and ward, S 89° 33' 49" W a distance of 115.05 feet to a rebar, continuing thence along the northern boundary line of Lot 2, said subdivision, S 89° 25' 51" W a distance of 109.96 feet to a rebar; continuing thence along the northern boundary line of Lots 1 -A and 1 -B, said subdivision S 89° 24' 51" W a distance of 148.48 feet to a concrete monument; running thence N 55° 46' 09" W a distance of 50.02 feet to a pk nail; running thence N 44° 30' 55" E a distance of 44.55 feet to a pk nail; running thence along the northern boundary line of Rosewood Avenue S 89° 28' 40" E a distance of 379.15 feet to a concrete monument; and running thence along the eastern boundary line of Rosewood Avenue S 04° 15' 43" E a distance of 60.04 feet to the point of beginning; all of which will appear on that certain map or plat prepared by J. Whitley Reynolds, Georgia Registered Surveyor #2249, dated August 2, 1999, recorded in Plat Record Book 16 -P, Folio 66, of the records of the office of the Clerk of the Superior Court of Chatham County, Georgia, to which express reference is hereby made for a more particular description. II. RESTRICTIONS: The City, as a holder of title of the above described Property, does impose the following covenants to establish a conservation easement as provided and permitted pursuant to Title 44, Chapter 10, Article 1, of the Official Code of Georgia, as being covenants running with the land as follows: The above described Property shall be permanently used and maintained in its natural, vegetative state with the exception of any existing, meandering foot path or such other area as designated by the City, which shall remain available to the public for observing, bird watching, walking and beach access and that no other uses shall be conducted or permitted in the above described area. III. MANAGEMENT AND MAINTENANCE: The City shall be responsible for 1 1 1 maintaining the Property and all other acts and decisions with respect to the property not inconsistent with these uses. The subject property shall be managed by the City of Tybee Island pursuant to such directions and by such persons as it establishes and designates. Facilities, including but not limited to signs, benches, and platforms, may be placed on the Property for the comfort and convenience of the public and use consistent with the purposes of these covenants provided they do not impair or destroy any of the natural vegetation and topography of the Property except that trails and paths may be relocated or created. Good and accepted ecological practices shall be employed to preserve the Property in its natural condition. IV. RIGHT TO MODIFY: The sole right to modify or terminate these restrictions and this Declaration only shall be in accordance with provisions of O.C.G.A. §44 -10 -4. V. EASEMENT RIGHTS: The Property is subject to a perpetual easement of pedestrian access for ingress and egress appurtenant to Lot 1A of Oceanview Subdivision, on and over the following described property which is not inconsistent with these restrictions ( "easement area "), to -wit: All that certain tract or parcel of land situate, lying and being in the State of Georgia, County of Chatham, in the City of Tybee Island, in Fort Screven Ward being a portion of Rosewood Avenue, said tract or parcel of land being more particularly described as follows: Commencing at a concrete monument at the intersection of northern boundary line of Lot 3, Ocean View Subdivision, said Ward, with the eastern boundary line of said lot and running thence along the northern boundary line of Lot 3, said subdivision and ward, S 89° 33' 49" W a distance of 115.05 feet to a rebar; continuing thence along the northern boundary line of Lot 2, said subdivision, S 89° 25' 51" W a distance of 109.96 feet to a rebar, continuing thence along the northern boundary line of Lots 1 -A and 1 -B, said subdivision S 89° 24' 51" W a distance of 106.82 feet to the Point of Beginning; running thence S 89° 24' 51" W a 1 distance of 27.54 feet to a point; running thence N 64° 45' 17" W a distance of 46.22 feet to a point; running thence N 04° 32' 04" W a distance of 5.29 feet to a point; running thence N 13° 23' 41" E a distance of 7.57 feet to a point; and running thence S 64° 45' 17" E a distance of 75.19 feet to the Point of Beginning; all of which will appear on that certain map or plat prepared by J. Whitley Reynolds, Georgia Registered Surveyor #2249, dated August 2, 1999, recorded in Plat Record Book 16 -P, Folio 66, of the records of the office of the Clerk of the Superior Court of Chatham County, Georgia, to which express reference is hereby made for a more particular description. Also, a pedestrian access for ingress and egress which is not inconsistent with these restrictions appurtenant to Lots 1 -B, 2 -A and 2 -B, respectively, being five (5) feet, more or less, in width as it presently exists, or may exist in the future within the above described easement area and Property. IN WITNESS WHEREOF, this Declaration has been executed by the duly authorized officials of the City of Tybee Island, Georgia, as of the day and year first written above. Signed, sealed and delivered in the present of: Atte f Council Witness atham County, G AA ctsternetutc Expires Jantary 8, oM c:A 4 [MUNICIPAL SEA 4) ,tam 1 1 • CITY OF TYBEE ISLAtvu, NO. OF PG RESOLUTION Clerk of Council Data WHEREAS, the City of Tybee Island owns an unopened portion of right -of -way known 'as Rosewood Avenue; and WHEREAS, the City desires to establish covenants running with the land pursuant to Title 44, Chapter 10, Article 1, of the Official Code of Georgia; and WHEREAS, no uses other than for recreation including walking, observing, and similar activities shall be permitted on the property described below; and WHEREAS, the City has the authority under its charter to regulate right -of -way areas, to provide for recreational uses and to take other actions consistent with these purposes. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, Georgia, duly assembled in open meeting that restrictions running with the land be established and imposed upon the following described Property, to wit: All that certain tract or parcel of land situate, lying and being in the State of Georgia, County of Chatham, in the City of Tybee Island, in Fort Screven Ward being a portion of Rosewood Avenue, said tract or parcel of land being more particularly described as follows: BEGINNING at a concrete monument at the intersection of northern boundary line of Lot 3, Ocean View Subdivision, said Ward, with the eastern boundary line of said lot and running thence along the northern boundary line of Lot 3, said subdivision and ward, S 89° 33' 49" W a distance of 115.05 feet to a rebar; continuing thence along the northern boundary line of Lot 2, said subdivision, S 89° 25' 51" W a distance of 109.96 feet to a rebar, continuing thence along the northern boundary line of Lots 1 -A and 1 -B, said subdivision S 89° 24' 51" W a distance of 148.48 feet to a concrete monument; running thence N 55° 46' 09" W a distance of 50.02 feet to a pk nail; running thence N 44° 30' 55" E a distance of 44.55 feet to a pk nail; running thence along the northern boundary line of Rosewood Avenue S 89° 28' 40" E a distance of 379.15 feet to a concrete monument; and running thence along the eastern boundary line of Rosewood Avenue S 1 04° 15' 43" E a distance of 60.04 feet to the point of beginning; all of which will appear on that certain map or plat prepared by J. Whitley Reynolds, Georgia Registered Surveyor #2249, dated August 2, 1999, recorded in Plat Record Book 16 -P, Folio 66, of the records of the office of the Clerk of the Superior Court of Chatham County, Georgia, to which express reference is hereby made for a more particular description. The above described Property shall be permanently used and maintained in its natural, vegetative state with the exception of any existing, meandering foot path or such other area as designated by the City, which shall remain available to the public for observing, bird watching, walking and beach access and that no other uses shall be conducted or permitted on the above described Property. The City shall be responsible for maintaining the path and all other acts and decisions with respect to the Property not inconsistent with these uses. The City shall be responsible for maintaining any path and all other acts and decisions with respect to the Property not inconsistent with these uses. The subject Property shall be managed by the City of Tybee Island pursuant to such directions and . by such persons as it establishes and designates. Facilities, including but not limited to signs, benches, and platforms, may be placed on the Property for the comfort and convenience of the public and use consistent with the purposes of these covenants provided they do not impair or destroy any of the natural vegetation and topography of the Property. Trails and paths may be created or relocated. Good and accepted ecological practices shall be employed to preserve the Property in its natural condition. The sole right to modify or terminate these restrictions and this Declaration only shall be in accordance with provisions of O.C.G.A. §44 -10 -4. The Property is subject to a perpetual easement of pedestrian access for ingress and 1 egress appurtenant to Lot 1A. of Oceanview Subdivision, on and over the following described Property which is not inconsistent with these restrictions ( "easement area "), to -wit: All that certain tract or parcel of land situate, Iying and being in the State of Georgia, County of Chatham, in the City of Tybee Island, in Fort Screven Ward being a portion of Rosewood Avenue, said tract or parcel of land being more particularly described as follows: Commencing at a concrete monument at the intersection of northern boundary line of Lot 3, Ocean View Subdivision, said Ward, with the eastern boundary line of said lot and running thence along the northern boundary line of Lot 3, said subdivision and ward, S 89° 33' 49" W a distance of 115.05 feet to a rebar; continuing thence along the northern boundary line of Lot 2, said subdivision, S 89° 25' 51" W a distance of 109.96 feet to a rebar; continuing thence along the northern boundary line of Lots 1 -A and 1 -B, said subdivision S 89° 24' 51" W a distance of 106.82 feet to the Point of Beginning; running thence S 89° 24' 51" W a distance of 27.54 feet to a point; running thence N 64° 45' 17" W a distance of 46.22 feet to a point; running thence N 04° 32' 04" W a distance of 5.29 feet to a point; running thence N 13° 23' 41" E a distance of 7.57 feet to a point; and running thence S 64° 45' 17" E a distance of 75.19 feet to the Point of Beginning; all of which will appear on that certain map or plat prepared by J. Whitley Reynolds, Georgia Registered Surveyor #2249, dated August 2, 1999, recorded in Plat Record Book 16 -P, Folio 66, of the records of the office of the Clerk of the Superior Court of Chatham County, Georgia, to which express reference is hereby made for a more particular description. Also, a pedestrian access for ingress and egress which is not inconsistent with these restrictions appurtenant to Lots 1 -B, 2 -A and 2 -B, respectively being five (5) feet, more or less, in width as it presently exists, or may exist in the future within the above described easement area and Property. The Mayor and Clerk of Council are hereby authorized to execute the covenants attached to this resolution and cause the same to be recorded in the records of the office of the Clerk of Superior Court of Savannah, Georgia. [SIGNATURES APPEAR ON FOLLOWING PAGE] This j2 day of ,?e, .r?. C , 2001. SEH\20512\RESOLUT.ry 1 1 yor Walter W. Parker ko o n [SEAL] 1 1 1 Clock#: 22454 FILED FOR RECORD 12/28/2001 02 :59PI PAID: 18.00 Susan D. Pr , Clerk Superior Court of Chats, .; Cooly Chats County Georgia N) Return to: CA) v c Edward M. Hughes, Esq. P. O. Box 9150 Savannah, GA 31412 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the "Declaration ") is made effective the L3 day of �ece 4, (art -, 2001, by the Mayor and Council of the City of Tybee Island, Georgia ( "City "), a Georgia municipal corporation, which is the owner of the real property described below in section 1 ( "Property"); and WHEREAS, by resolution adopted by the Mayor and Council of the City, a certified copy being attached hereto, it is the purpose of this Declaration to provide for the improvement of the welfare of the citizens of the City, its property owners, and others who may use the ways and areas served by the below described property by establishing these covenants and conditions. WITNESSETH: I. THE PROPERTY TO WHICH THIS DECLARATION APPLIES: The covenants, restrictions and provisions set forth below shall apply to the following Property 1 1 1 1 located in Chatham County, Georgia, in the City of Tybee Island (the "Property "), to -wit: All that certain lot, tract, or parcel of land situate, lying and being in Savannah Beach, Tybee Island, Chatham County, Georgia, known as Lot Number 250, Ward 1, SAVING AND EXCEPTING THEREFROM that portion of said Lot Number 250, Ward 1, which was by condemnation proceedings in the Superior Court of Chatham County, Georgia, acquired by Savannah Beach, Tybee Island, and thereafter conveyed to the State Highway Department of Georgia by Right -of -Way Deed executed March 18, 1961, and recorded in Record Book 77 -Q, Folio 310, in the office of the Clerk of the Superior Court of Chatham County, Georgia. II. RESTRICTIONS: The City, as a holder of title of the above described Property, does impose the following covenants to establish a conservation easement as provided and permitted pursuant to Title 44, Chapter 10, Article 1, of the Official Code of Georgia, as being covenants running with the land as follows: The above described Property shall be permanently used and maintained in its natural, vegetative state with the exception of any existing, meandering foot path or such other area as designated by the City, which shall remain available to the public for observing, bird watching, walking and beach access and that no other uses shall be conducted or permitted in the above described area. III. MANAGEMENT AND MAINTENANCE: The City shall be responsible for maintaining the Property, including any path or walk, and all other acts and decisions with respect to the property not inconsistent with these uses. The subject Property shall be managed by the City of Tybee Island pursuant to such directions and by such persons as it establishes and designates. Facilities, including but not limited to signs, benches, and platforms, may be placed on the property for the comfort and convenience of the public and 1 1 1 use consistent with the purposes of these covenants provided they do not impair or destroy any of the natural vegetation and topography of the Property except that trails and paths may be relocated or created. Good and accepted ecological practices shall be employed to preserve the Property in its natural condition. W: RIGHT TO MODIFY: The sole right to modify or terminate these restrictions and this Declaration only shall be in accordance with provisions of O.C.G.A. COO CD §44 -10 -4. �... IN WITNESS WHEREOF, this Declaration has been executed by the duly authorized officials of the City of Tybee Island, Georgia, as of the day and year first written above. Signed, sealed and delivered in t h s res - .. t o£ / LL A W. ess CITY OF : EE ISLAND GEORGIA By: Mayor Walter W. Parker Notary Public, Chatham Co • ty, GA WOCEY Now *stem County, GA irrieratethfit exOtes Jst 8, 3 [MUNICIPAL SEAL] 7. 4, al 7s 4.4 Si • _ ' .� ' S1. • • WI V 11 1;` .L :I 1 CITY OF TYBEE ISLAND, CERTIFIED. CO r, NO. OF ' A GES 2> RESOLUTI IPii�kL �2 Clerk of Council Date WHEREAS, the City of Tybee Island owns the real property described below; and WHEREAS, the City desires to establish covenants running with the land pursuant to Title 44, Chapter 10, Article .1, of the Official Code of Georgia; and WHEREAS, no uses other than for recreation including walking, observing, and similar activities shall be permitted on the property described below; and WHEREAS, the City has the authority under its charter to regulate right -of -way areas, to provide for recreational uses and to take other actions consistent with these purposes. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, Georgia, duly assembled in open meeting that restrictions running with the land be established and imposed upon the following described Property, to wit: All that certain lot, tract, or parcel of land situate, lying and being in Savannah Beach, Tybee Island, Chatham County, Georgia, known as Lot Number 250, Ward 1, SAVING AND EXCEPTING THEREFROM that portion of said Lot Number 250, Ward 1, which was by condemnation proceedings in the Superior Court of Chatham County, Georgia, acquired by Savannah Beach, Tybee Island, and thereafter conveyed to the State Highway Department of Georgia by Right -of -Way Deed executed March 18, 1961, and recorded in Record Book 77 -Q, Folio 310, in the office of the Clerk of the Superior Court of Chatham County, Georgia. The above described Property shall be permanently used and maintained in its natural, vegetative state with the exception of any existing, meandering foot path or such other area as designated by the City, which shall remain available to the public for observing, bird watching, walking and beach access and that no other uses shall be conducted or permitted on the above described Property. The City shall be responsible for 1 1 1 maintaining any path and all other acts and decisions with respect to the property not inconsistent with these uses. The City shall be responsible for . maintaining any path and all other acts and decisions with respect to the Property not inconsistent with these uses. The subject Property shall be managed by the City of Tybee Island pursuant to such directions and by such persons as it establishes and designates. Facilities, including but not limited to signs, benches, and platforms, may be placed on the Property for the comfort and convenience of the public and use consistent with the purposes of these covenants provided they do not impair or destroy any of the natural vegetation and topography of the Property. Trails and paths may be created or relocated. Good and accepted ecological practices shall be employed to preserve the Property in its natural condition. The sole right to modify or terminate these restrictions and this Declaration only shall be in accordance with provisions of O.C.G.A. §44 -10 -4. The Mayor and Clerk of Council are hereby authorized to execute the covenants attached to this resolution and cause the same to be recorded in the records of the office of the Clerk of Superior Court of Savannah, Georgia. This i3 day of ,e c SEH\2051ZRESOLUT.bfl Mayor Walter W. ' arker [SEAL] 1 1 1 ORDINANCE NUMBER AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA. An Ordinance to amend the Code of Ordinances, City of Tybee Island, Georgia, to provide a new chapter entitled Growth Management Planning and Development, to be numbered as Chapter Number , 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 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, 82, 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 other development which has placed increased demands on the infrastructure of the City; and WHEREAS, the City has taken steps to improve problems with infusion and infiltration into the waste water treatment system; and 1 1 1 WHEREAS, the City has conducted public hearings relating to issues of development, infrastructure, waste water treatment and fresh water limitations and usage and other matters relevant hereto; and, NOW, THEREFORE, be it and, it is hereby ordained by the Governing Authority of the City of Tybee Island, that the Code of Ordinances is hereby amended by adding sections to be identified and numbered in Title 8, Land Development Code, Chapter , Growth Management Section 1, et. seq., which said section shall read as follows: 81. 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 demands and causing excessive burdens upon the infrastructure of the City in connection with waste water treatment, drainage, city services, water restrictions and there is a compelling _need for the protection for the health, safety and welfare of the citizens such that appropriate measures should be taken so as to avoid overtaxing the fresh water supply system available to the city, overburdening the infrastructure and/or the financial burden associated with the expansions thereof and in order to prevent a shortage of facilities and in the interest of public health, safety and welfare, the Mayor and Council find that restrictions on development pursuant to a planned schedule which will allow the infrastructure and resource availability limitations to be consistent with development rather than being overburdened thereby 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 a schedule of development restrictions is appropriate and necessary in order to more fully plan and control the growth of the City in order to protect the facilities of the City and the safety, health and welfare of its citizens. The controlled growth concept seeks to tie construction 1 1 on the island to the available land and takes into consideration the need to preserve the island's environment, the need for City government to plan and pay for necessary maintenance of existing structure and for their eventual expansion. Therefore, goals are appropriate by establishing a long range plan for future build out of the island. 82. Controlled Growth. As used herein, the term permits. shall refer to and mean the authorization to connect to the city's waste water treatment facilities. For purposes of this ordinance, a shook -ups means the connection of a structure or portion thereof to the city's system and in the case of a structure which consists of or contains separate, divided areas for independent habitation or occupancy, each such area and facility is a separate hook -up. There is hereby imposed a permit allocation system. The allocation system will allow eighty (80) new water sewer hook -ups in each twelve (12) month period for the next ten (10) years following the adoption hereof. An additional thirty (30) permits for water sewer hook -ups will be retained for the City Council to withdraw for special projects; however, an applicant may seek permission to obtain one or more of such hook -ups by petitioning the Mayor and Council; however, for any such permit to be granted the votes of at least six (6) members of Council are required. The eighty (80) permitted hook -ups available on an annual basis will be available on a first -come first- served basis, however 60% (48) of such hook -ups will be for single - family residences only and the remaining permitted hook -ups (32) will be for all other uses. Any permitted hookups not issued in a given year shall not roll over into the next year, but will be assigned to the deposit bank of the City. Once a permit has been secured it is not transferable or 1 1 1 assignable. In order to apply for a permit, an applicant must file proposed plans for the intended construction which would result in the need for the permit(s). That is, preliminary building plans, site plans and/or subdivision proposals depending upon the character of the intended project shall accompany the application. 83. Renovations and reconstructions /improvements. Any construction by way of rehabilitation, reconstruction, refurbishment or improvement and/or involving the tearing down of an existing structure will not be under or subject to the eighty (80) hook -up permit limitation provided that no additional hook -ups are required in the new construction. Additional hook -ups will be subject to all provisions of this Ordinance 84. Time for Commencement. An applicant or recipient of a hook -up permit has one (1) year to start construction after being awarded the permit. If the applicant or permit holder does not begin construction within one (1) year, then the hook -up permit shall expire and be returned to the City's depository bank. Extensions of six (6) months may be granted by the Mayor and Council upon a finding of justifiable circumstances as determined by the discretion of the Mayor and Council. 85. Additional Hook-ups If a permit holder or applicant desires more hook -ups permits than was received in the first -come, first - served basis, such permit holder or applicant can gain additional hook -up permits by donating open parcels of green space to the City for green space preservation. The equivalency of a donation of green space for a hook -up shall be determined on a case -by -case basis by the Mayor and Council. The hook -up permits issued pursuant to this section would come from the City's accumulated bank of hook -up permits and not from the annual eighty (80) 1 1 hook -up permits available. 86. Natural Disasters and Destruction. In the case of the destruction of a structure as the result of a natural disaster, fire, or other calamity, new hook -up permits may be issued without regard to the provisions of this ordinance provided that no additional hook -ups are required in the replacement construction. 87. 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 additional stipulations and conditions as will in its judgment thus fulfill the purposes of this ordinance. 88. 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. 89 - Repealer 1 1 1 All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. 810 - Adoption/Effective Date The adoption date of this ordinance is January 1, 2002 and it shall become effective on that date. 811. Expiration. The provisions of this ordinance will expire if not sooner terminated by a majority vote of the Mayor and Council on or about the 31 day of December, 2002. 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 of the City of Tybee Island, Georgia. ADOPTED THIS _ DAY OF , 2001. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH\20\401 \GROWMGMT.ORD 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, "2 ' ,y"' , who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the r 5 day of_ 1 ( , 2001. (2) That it is my understand%g that O.C.G.A. § 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. The subject matter of the closed meeting or closed portion of (3) the meeting held on the 3-L--L , 2001, which was closed for the purpose(s) of o {0-e �C��M I as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. 1 1 (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. § 50- 14 -4(b) that such an affidavit be executed. (5) This r3 day of, Sworn to and subscribed before me this J3 day of h r , 2001. g.\common \emh\14536\affiday.01 , 2001. Mayor /Presiding Officer 1 1 CODE OF ORDINANCES, TYBEE ISLAND, GEORGIA ADOPTED CODE The Official Code of Tybee Island as referred to in the Charter of the City of Tybee Island currently in force has been duly adopted by the Mayor and Council in open meetings duly assembled and in addition to the Charter codified as Article 1 consists of Articles 2 through 11 as amended through and including December 13, 2001 all pursuant to the adopting ordinance of February 6, 1980. As required or allowed by law the Code of Ordinances duly adopted may be published or made available by posting on the Internet. The Code of Ordinances has been certified to by the Clerk of Council as of December 31, 2001 as the Code currently in force. This / — day of December, 2001. Waktter W. Parker, Mayor