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HomeMy Public PortalAbout20020509CCMeeting1 1 1 @ @ITEM 2002 -05 -09 City Council Minutes Mayor Pro Tem Walter Crawford called the meeting to order at about 7:10 P.M. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Jason Buelterman and Richard Barrow. Crawford read a letter to all from Mayor Parker stating that he was meeting with key personnel in Washington, D.C. on the beach renourishment issues. Interim City Manager Jimmy Brown and City Attorney Edward Hughes were also present. Deacon Eddie Akins gave the invocation, which was followed by the Pledge of Allegiance. Bob Thomson the new City Manager was introduced. Crawford said that the Mayor and the Council selected Bob Thomson. Walter Crawford asked that he be allowed to address the public on a personal matter. Crawford said that the Savannah Morning News quoted directly as I spoke to them and he publicly apologizes to all the citizens of Tybee Island. Crawford told the audience that his mother told him that if he ever did it again that she would wash his mouth out with soap and he does not doubt that she would. Carolyn Jones addressed Council on the Jaycee Park Playground asking that Council set aside $50,000 by Resolution in case the funds are needed. Jones said that the entire cost would be $75,000 but that she plans on getting funds donated and a lot of volunteers to help bring this together. Barrow asked if you plan to raise the funds you still would want Tybee to set aside the money. Jones answered yes. Jones explained that Savannah has a lot of industry and that she plans on getting donations from them and that if she get enough money from donors then she would not need the Tybee funds. Jones said Jaycee Park is a perfect place for this type of playground equipment. Mary Ingalls could not appear tonight and Council directed Interim City Manager Brown to talk with Ingalls about the legal aspects. Soozie Moore gave Council a summary of all the programs being offered by the YMCA. George and Mary Chandler spoke to Council on the float stand and surf boarding issues. Chandler said that in January he gave the City a check for $900.00 for the three spaces that he rents his floats from every year. He said that the check cleared the bank. Chandler told Council that one of his location is not printed out in the ordinance, 18th Street. Chandler showed Council the body board that he rents out from his stands; he also stated that surfboards have never been allowed to be rented off the beach. At 18th Street there are jetties and also no lifeguard on duty. Crawford told Chandler that he was good for 2002. Hughes said Chandler had already paid for his float stand locations before Council froze issuing any more during their January meeting. And he will not be affected by the ordinance this year. Youmans asked Hughes if the 18th Street location could be added to the ordinance tonight when it comes before Council for a vote. Attorney Tom Devaney spoke for Dr Owen about the application for renting surfboards on the beach at 17 Street. Chandler said that it would interfere with his business. Devaney said that he believes that surfboards are part of the ordinance on beach rental equipment, this is something new for Tybee and the boards would be rented by the day or by the hour. Owens said he plans to have instructors on duty. Buelterman asked if there was an age limit. Owens answered that if not old enough then the Dad 1 1 would be with them. Buelterman asked if 17a' Street area was open. Chandler said he has a license for that spot. Devaney told Council that the ordinance does not state one license per location. Hughes explained the old one does not but the new one does not, and the ordinance does not deal with surfboards. Devaney said the ordinance does not exclude either. Crawford said this issue will be taken up in open session. Jim Stoeffler requested Council to consider the request from the Beach Task Force, review the proposal and send a letter to the BTF with a decision from Council concerning the delineation line. Crawford said this would come back to Council with the costs involved before accepting. Youmans said it now goes house by house. Stoeffler said really tree -to -tree or house before 1970. We need to establish line today and get the control back to the City — mark it permanently. Barrow asked if Olsen was available to do this for the City. Stoeffler answered he or someone else. Buelterman asked if this would wrap around the north beach. Stoeffler said all beaches will be included. Alice Martin addressed Council on many issues. The first is that the flag needs to be repaired. She congratulated Richard Barrow on being named "Businessman of the Year ". Martin told Council she read the paper where Tybee is paying consultants, but she has never seen any advertisements for this contract work. Martin asked how are people selected. Martin said that it sounds like Tybee is going to get a one -half million - dollar grant for the senior citizens complex. Martin said she writes grants for the City of Savannah and it is very difficult to qualify. D.C.A. does have some small grants available. Martin informed Council that R.D.C. has a planner who works for us and they will help find grants and will also write them for you. Martin volunteered to help out. Martin told Council that the City gives space to the Arts Association for their meetings, but when they start to collect fees then the City should charge them. Martin said the playground concept is a great idea but there are a lot of regulations that must be met. Crawford explained the concept of the Green space Resolution; it is the City's intent to sell off at fair market value small pieces and strips of property that the City owns. Each piece must come before Council. No buildable lots. There must be a certified appraisal at the cost to the person applying and the money from the sale will go into a specific line item — green space fund — used only to acquire larger pieces of land for green space or eco- tourism. No strips of land that provide access to view scapes will be considered for sale. No city officer, Mayor and Council, can apply under this program. John Hunter submitted a letter of proposal to purchase the unopened area known as Lovell behind the Hunter House. Roy Johnson said he thought you said that people could not build on purchased land. None are stand alone building lots. Rachel Perkins said the City needs to identify the areas of concern — there is a 97 report. In reference to Hunter the green space is already owned by the City, the citizens value the property more than an appraiser. Please do not rush this project. Crawford said Hunter's request is for 30' by 120'. June Johnson says it states 60'. Crawford said only 30' to adjacent property owners. Jim Kluttz asked if the city sells right -a -way what is the status of the individual if they sell, will the property be listed on deed. Hughes said not necessarily, maps deals with right -of -ways, not like a subdivision. Hughes explained that there are provisions that deal with unopened rights -of -ways to adjacent property owners and each will have to be looked at individually. Public Works and the Water sewer departments will need to look into the infrastructure. Hughes said all that can be done tonight is to agree to look at or either deny. Kluttz asked what is the process? Crawford 1 1 said that the City makes it public knowledge, keeps everything in the open — people expressing interest in purchasing property. Hughes said that surveys during the years have caused some of the narrow parcels of land in some area. Buelterman stated that the intent is good and should be carried out correctly. Hughes said only the abutting owners can purchase the property, all the City can do is quit claim deeds. The following citizens showed interest in purchasing property adjacent to their property: Brooks Haymens — unopened portion of Laurel Avenue — 30 feet; Lawanna & D Tsoulos — portion of Estill Avenue — 30 by 50 feet; Jim & Mary McCusker — unopened portion of Rosewood — would help create a lot 150 by 45 feet; E. Carter — unopened portion of Estill Avenue. Crawford announced that the Beach Bum Parade is on May 24th and that the City will have a holiday on May 27th for Memorial Day. Rick Hurst said that he has pride in Tybee Island. Hurst told Council that an official inquiry should be undertaken to look into all contracts in the last 10 years — contracts in reference to City officials and employees. Hurst said immediate steps should be taken to have new language in the code of ethics ordinance strictly prohibited the Mayor and Council and any city employee to do work for the City. Lou Hurst expressed the same concerns. Crawford said for the record that it was a combination of jobs that he was paid $541, not one single job. Crawford also stated these types of little jobs would not have been put out for bids. Youmans told the citizens he has been doing sign work for the City for over 20 years and he had been paid $1,300 in 2001, this work would have cost at least $4,000 to $5,000. Youmans said there is a letter on file stating that he will continue to work for the City. Hughes said this does not mean any crime has been committed. A small community like Tybee Island uses resources available to them. Hurst asked why Youmans would discourage bids. Youmans answered that he will accept any body to bid against him for the sign work. Lou Hurst said that a policy needs to be enacted. Buelterman said no ill intent by Crawford, he knew it happened and yes we do need a policy. Barrow said unfortunately we are politicians and we are having a bad rap and this issue should be addressed. Crawford asked that this be placed on the June Agenda. Mayor Pro Tem Crawford opened, asked for comments and closed the following public hearings according to law. Dick Smith, Chairman of the Planning Commission presented the petitions to Council. Site plan approval for Barrett Oil Co. for addition to existing structure located at 1315 Butler Avenue — PIN 4 -716 -1. Smith said the Planning Commission voted unanimously to approve. A side yard setback variance request Mrs. Volk for a storage shed at 708 2°d Avenue — PIN 4- 5- 18 -19. Planning Commission vote was 7 in favor to approve and 1 to deny. A variance request for continued use of a non - conforming structure for addition of a deck and also repairing the existing deck from Mr. Crowe at 11 T.S.Chu Terrace — PIN 4- 9 -4 -5. Vote by the Planning commission was unanimous. A zoning text amendment to section 8 -3 -070 (A) Addition Structure allowing more than one building on a commercial lot was presented. Smith said the Planning Commission voted 6 in favor and 2 opposed. Rachel Perkins said she is a little confused. The petitioner usually presents their request to the Council for consideration. Hughes answered that traditionally the petitioners usually does present but this is alright as long 1 1 as everyone has a chance to address the request. Smith told Perkins that this is the 3rd Council meeting conducted this way. Perkins said this is her first Council meeting this year. Crawford said this way there is less said. Smith presented the Site Plan from Tommy Clark for 36 condominium units at 404 Butler Avenue - PIN 4- 4 -20 -1. The Planning commission voted 5 in favor to approve and 3 against. Smith said that this request came with a height variance also, but Clark withdrew that request. Smith told Council that the engineers have reviewed and approved the plan. Tom Olsen said that there will be only 33 condo units and they will stay within the height limit, these condos will be replacing the existing Econo Lodge. Pam O'Brien spoke of her concerns and asked Council to table any consideration at this time. O'Brien gave the history of Phase I and Phase II. Attorney Mahoney said for the better part of 2 years there has been weekly meetings and that the City has received documents that the former Council and the former City Manager requested from Mr. Clark. All issues have been addressed and approved. Buelterman asked if all the issues have been addressed, green space, paring shortfall, etc. Barrow asked if the staff had looked over the problems? Smith answered everything that O'Brien addressed was discussed, there is a multi -page document in the zoning office, the parking short fall will be during construction only. Buelterman asked about the top of the roof and what was proposed for that area. Clark told Council he withdrew that portion of the plan. After a short break Mayor Pro Tem Crawford opened the meeting for business legally presented. Reynolds moved to approve the consent agenda. Minutes of the April 11th Council Meeting; Alcohol Beverage renewals — American Legion, - Kendrick; Dolphin Watch Ship Shore - Wolff & Davis; George's Restaurant — Jackson; Captain Chris's — Simon; Sugar Shack — Gross. Buelterman seconded. Youmans moved to amend the beach equipment ordinance with the addition of the 18th Street location. Reynolds accepted the amendment. Vote by Council was unanimous. Buelterman moved to accept the $6,500 bid from Smith Heating and Air for the Teen Center on Cedarwood. Youmans seconded. Reynolds questioned where the funds would be taken from to pay. Youmans moved to amend the motion with the addition of taking the funds from the contingencies fund. Youmans said an electrician should check out the wiring to make sure it is up to code and asked what the estimate would be to correct any violations. Crawford answered a good figure would be between $1,000 to $1,500. Youmans moved to amend by adding up to $1,500 for electrical work. Buelterman accepted this as an amendment to the main motion. Funds to come from contingencies. Vote by Council was unanimous. Barrow moved to table the resolution for the Jaycee Park playground equipment until the new City Manager is on board. Youmans seconded. Interim City Manger Jimmy Brown said to make sure that everything is in writing before any decision by Council. Vote by Council was unanimous. Buelterman moved to adopt Section 6 -1 -10 Tapping/stubbing fees, meters, Aid to Construction on its first reading relating to the tap and stub fees only. Burke suggested we not go ahead with the elimination of 2 bedroom cap for aid -to- construction and instead proceed with the $100 per square foot suggestion. Buelterman agreed and stated that a second water sewer committee meeting be held to come up with a specific 1 1 proposal to prepare an ordinance change, which would then be ready for a first reading at the June 13th meeting. Burke seconded. Vote by Council was unanimous. Youmans moved to approve an agreement in reference to MRS so that they can progress with the building. Burke seconded. Vote by council was unanimous. Burke moved to approve the site plan for Barrett Oil. Buelterman seconded. Vote by Council was unanimous. Burke moved to approve the side yard setback for a storage shed for Volk. Youmans seconded. Vote by Council was 5 voting in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Burke moved to approve a setback variance for Crowe for the addition of a new deck and repairing an existing deck. Youmans seconded. Vote by Council was 5 voting in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Youmans moved to adopt the zoning text amendment on Section 8- 3- 070(A) Additional Structure in C -1 District in the Land Development Code on its first reading. Burke seconded. Vote by Council was unanimous. Youmans moved to approve the site plan for a 33 unit condo at 404 Butler Avenue for Clark. Burke seconded. Barrow asked Hughes if everything was legal. Hughes answered that it is his understanding. Buelterman said that staff will monitor the construction. Vote by Council was unanimous. Burke moved to accept John Hunter's proposal for the purchase of a portion of Lovell Avenue behind the Hunter House. Youmans seconded. Hughes said the City can offer unopened right -of -ways to the abutting property owners and that the Council must decided if they are interested in doing so. Hughes said the Public Work Department and the Water Sewer Department need to check for any infrastructure on the property. Youmans asked who does what if approved? Hughes said the petitioner — some request might have to be handled differently. Youmans motions that the City is interested. Crawford stated that a property owner make a petition to Council, then Council decides if they are interested or not, then the petition would work with City Attorney and then it would come back before Council. Reynolds said a lot of details need to be worked out. Buelterman said this would be a vote only to show interest. Hughes said no vote on commitment. Buelterman moved that the City Council show interest in selling certain property under the green space resolution. Youmans seconded. Vote by Council was unanimous. Crawford said that it could possibly come back to Council the following month. Jim McCusker told Council that is not soon enough and he is lodging a complaint — it needs to move smoother. Crawford agrees but now we have apple to oranges on the table and that the square footage requirement for R -1 are being considered. Barrow said we are looking for ways to speed up process. Buelterman asked if Hughes does all the work for the petitioner who pays Hughes fee. Crawford said any and all cost would be paid by the petitioner. Hughes advises that petitioner get their own legal counsel because it would not be good for me to bill the citizens. Buelterman moved to table any decision on request for surfboard rentals from Dr. Owens. Reynolds seconded. Tom Devaney told Council to enforce the section about certified lifeguard on Mr. Chandler and revoke his license. Vote by Council was 5 in favor (Youmans, Reynolds, Crawford, Buelterman and Barrow); Burke abstained. A letter will be written and sent to Paul Burns requesting that he appear at the June 13th Council meeting to discuss the alcohol beverage license for Bubba Gumbo's. 1 1 Burke moved to adopt Section 7 -2 -1 Use of City Facilities (B) Fess and Deposits on its second reading. Youmans seconded. Burke requested an amendment by charging $100.00 for non - residents to use the Community House. Buelterman seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Youmans moved to reject the second reading on Section 10 -1 -26 Regulation of Parking in Individual Parking Spaces. Buelterman seconded. Vote by Council was unanimous. Burke moved to approve the Beach Task Force recommendation to collect information about establishing a jurisdictional line for the entire island and report back to the Council on estimated cost of project. No money at this time is to be expended by the City. Youmans seconded. Vote by Council was unanimous. Brown told Council that the estimated cost for Orange Crush is between $15,000 to $20,000 dollars so far. Youmans questioned the arrests that were made by the Police. Brown answered that information is in your boxes from the Chief. Brown gave Council information on contract with Freda Rutherford stating it was signed and dated August 15, 2001 and runs through June 30, 2002. Burke moved to terminate the contract with Freda Rutherford immediately. Youmans seconded. Crawford said he was appointed to replace Bill Farmer at the Stakeholders meetings on Harbor Deepening and the Council rep to the Beach task Force. Crawford said he understood that it was volunteer work and was not aware of a contract. Youmans asked if it was in the budget. Hughes explained that Rutherford has been securing documentation for the north beach enhancement project. Crawford said 2 citizens are holding out. June Johnson informed Council that all had signed and it was faxed today. She said Rutherford spent 200 hours getting it ready. Barrow asked if anybody from the Task Force could handle? Johnson said there are 16 different projects in the matrix and Rutherford is the point person, she works closely with Burke Day. Barrow said that since the contract runs out the end of June just let it go on until then.. Vote on the main motion was 2 in favor (Burke and Youmans); 4 opposed (Reynolds, Crawford, Buelterman and Barrow). Barrow moved to let the contract run out with written notice to Rutherford. Buelterman seconded. Vote by Council was 5 in favor (Youmans, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Burke). Youmans moved to approve Section 9 -1 -20 Sales on Streets, Strand, Beach or Park Prohibited on its first reading. Buelterman seconded. Vote by council was unanimous. Brown said the 2001 audit is in a mess and nowhere near complete. About 18th months ago the controls were removed. Brown presented a proposal from our auditors to hire them to straighten it out. The cost would be $95.00 an hour and probably take at least 6 hours per month back to February of 2001 up to the present. Youmans said it must be done, but he wants the persons name in the paper who removed the controls. Brown said that the auditors do not suspect anything missing, just in the wrong places. Barrow moved to accept the proposal. Youmans seconded. Vote by council was unanimous. Brown explained the request for a full time police officer position. A Corporal has requested part time work and wrote a letter stating that if she decides to come back full time she is aware that the City might not have that position open. 1 Buelterman moved to approve the contract for the rental of the Lifeguard station in the amount of $505.00 per month. Barrow seconded. Vote by Council was unanimous. Brown said that the Park of the Seven Flags stated out with just a water font that was donated being erected and the City would allot $5,000. towards this project A meeting was held with representatives from GA DOT, GA Power, U.S. Cable and City personnel. There is no cost breakdown anywhere and the project is now up to $300,000. No donated funds have been collected and we have no idea of how much it would costs the City. Pye said the area was 25 by 25 and that it has tripled. Barrow said that this is a total shock; he was told everything was fine at last meeting. Brown said $170,000 from the State — projected cost is $300,000 — where is $130,000 coming from? Brown told Council that nothing has been signed to commit the City, and that there is another meeting in 30 days. Youmans told Council to keep their eyes wide open as Parker has signed many contracts with out Council approval. Barrow asked who is in charge of the project. Youmans answered Charlie Waggoner. Buelterman answered Henry Levy. Youmans said it was a joint venture. Billy Remeta said that this started slowly and grew and grew, do we really need it — we will be losing parking spaces — there is no shade — and will it help the business people? Buelterman asked about the baby pool out in the park beside the basketball court that was discussed last meeting. Brown said Tiffany Dennis and Billy Pye are working on it. Brown said he would get a note to Pye to get with Buelterman. Youmans moved that since Jimmy Brown has done such an outstanding job for the City that he would like to recommend a 40 hour paid vacation. Buelterman seconded. Vote by Council was unanimous. Burke moved to go into executive session to discuss personnel and litigation. Youmans seconded. Vote was unanimous. Reynolds moved to reconvene the regular session. Youmans seconded. As there was no further business to come before Council the meeting was adjourned Clerk of Council Mayor Walter W. Parker Proclamation �a�: America is the land of freedom, preserved and protected willingly and freely by citizen soldiers, and ex-eatm: Millions who have answered the call to arms have died on the field of battle, and Itifivelmeaus: We must be reminded in times of peace and in times of trouble of the dreadful price of war, and the debt owed to those who have died in war, and We wish to honor our fathers and mothers, our grandfathers and grandmothers for their personal sacrifices in the preservation of liberty and law, and V4i'hea�as: The red poppy has been designated as a symbol of the sacrifice of lives in all wars, and IllarlanerNeS: Th4ertei ®, The American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower, I, Walter W. Parker, Mayor of the City of Tybee Island, do hereby proclaim this 24th day of May, 2002, as POPPY DAY and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal the City of Tybee Island, Chatham County, State of Georgia on this 24th day of May, 2002. Walter W. Parker, Mayor nrx.US'e000 14:U4 71643tl410/ LHLLAWAY,tit UN,illlULL&M.A.iht'S, Y.UUJ /UU9 AN ORDINANCE ORDINANCE NUMBER WHEREAS, the City of Tybee Island is a duly incorporated municipality operating through its Mayor and Council as the governing authority thereof; and WHEREAS, the City of Tybee Island has previously adopted zoning, planning and land use ordinances that are applicable throughout the City; and WHEREAS, the governing authority of the City of Tybee island believes that it is in the best interest of the citizens of the City to make certain alterations and/or amendments in the Code of Ordinances for the City NOW THEREFORE IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island that Title 8, Article 5, Code of Ordinances Section 5-090 be amended so as to add the following subsection to be encaptioned "E" to read as follows: E. Notwithstanding any other provisions of the Code of Ordinances, tbe staff of the Community Development Department through its department head may approve applications for variances without the need of public hearings and without the need of review by the planning commission or the Mayor and Council as follows: I. When either of tbe following circumstances exists: a. The proposed improvement or alteration will not result in an expansion of the existing footprint of the existing structure; or b. No additional encroachment into any setback shall be created by the proposed improvement, construction or addition; APR.04`2002 12:03 9122382767 CALLA WAY,BRAUN,RIDDLE &H:JGHES, ?.0 02981 P.004/005 fi. When each of the following circumstances also exists: A. No encroachment or construction of habitable space or other prohibited improvements will exist beyond the flood elevation; and 8. The requested improvement or construction will not violate existing zoning provisions. This subsection snail have specific application to existing non- conforming structures as referred to in Title 8, Article 3, Section 020. If the staff of the Building and Zoning Department finds that the request needs or should have additional review for any reason, it may request review by the Planning Commission and if the request is approved or rejected by the Planning Commission then the Planning CoJrnnissioxt's determination shall control. For purposes of this section, a public hearing before the Planning Commission shall not be necessary. If the staff of the Building and Zoning Department declines an applicant's request the applicant may apply for the granting of a variance which will follow the procedures applicable to variances in general specifically, those procedures described in Title 8, Article 3, Section 020 and Section 090 as well as the public hearing requirements referred to in Title 8, Article 5, Section 060. In the event the staff request review by the Planning Commission and the Planning Commission rejects the request, the applicant may apply for the granting of a variance and follow the procedures applicable to such request before the Mayor and Council. APA.0412002 12:04 9122382767 CALL?.WAY,6P UN,RIDtLE &H:JGHES, ?.0 #2981 P.005/005 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 and the sections of this Ordinance may be re- numbered to accomplish such intention. Adopted this day of 0 , 2002. MAYOR WALTER W, PARKER ATTEST: FIRST READING: SECOND READING: ENACTED: IrMH\l45366ORDINAN2.VAR 1 9 -3 -31 License 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 _, Chapter _, Section _, be _ to read as follows: Section 1. Section 9 -3 -31 is hereby amended to read as follows 9 -3 -31 LICENSE; ISSUED SUBJECT TO REGULATIONS. A4 - licenses - issued ie -te engago -h a bu inc s-e€ renting floats, -boats artiele. Al 1 lay; 2002 -09; 5/9/2002) zing the t oldr to.1ra e' h ! egitlpni nt" h er or beaeta :but shall Herat devices f renting tlat, raft, ur bell 0 person at a q i tres or deu motorized, dez „(Code 1970, Sec 1 1-19)(1997-77; 8/14/97) (Ord. 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 , 2002 1 Mayor Walter W. Parker City Clerk 1st Reading: 2nd Reading: Enacted: 1 Page 1 of 1 1 1 1 9 -3 -32 Same 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 _, Chapter , Section —, be to read as follows: — Section 1. Section 9 -3 -32 is hereby amended to read as follows 9 -3 -32 SAME; FILING AND APPROVAL OF APPLICATION All persons applying for a license provided for in section 9 -3 -31 shall first file an application with the city requesting a license and the `er rcity_ - sha}}-appr-eve- -qpiteaton , ,atie n the application ha . iffiest et howe er a...va a 'end Co 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 , 2002 Mayor Walter W. Parker City Clerk 1st Reading: 2nd Reading: Enacted: Page 1 of 1 1 1 9 -3 -33 payment 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 -, Chapter _, Section _, be _ to read as follows: Section 1. Section 9 -3 -33 is hereby amended to read as follows 9 -3 -33 SAME; ADVANCE PAYMENT OF FEE The license fee for the renting of floats, - beats, rafts, water craft- er-simitaf-lseach -equipment ._..cw s' license for '(Code 1970, Sec 11- 21)(1997 -79; 8/14/97)(2002 -09; 5/9/2002) 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 , 2002 Mayor Walter W. Parker City Clerk 1st Reading: 2nd Reading: Enacted: Page 1 of 1 1 1 9 -3 -34 city control 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 _, Chapter _, Section _, be _ to read as follows: Section 1. Section 9 -3 -34 is hereby amended to read as follows 9 -3 -34 CITY CONTROL OF BUSINESS OPERATION. ei- at -sueh heF-leeatien-as- approved- by-tke city- manager;-sensisting-ef- -e e-tlan (30') -lip business -location shall elude -ene 44) -parking -space -fer -a - mobile storage - displaying -a -eufrent - h Sty 7. hhr Sevent— S 9. Eighteen nh Strt any License so i l ;h end of hin'.th e900 tuare feet arm.. t "allow su ±`* 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 , 2002 Page 1 of 2 1 1 9 -3 -34 city control Mayor Walter W. Parker City Clerk 1st Reading: 2nd Reading: Enacted: Page 2 of 2 1 1 T ilt/01(11, City of Tybee Island Butler Avenue Tybee Island, GA 31328 Ref: Teen Center •ngem It's Hard To Stop A Trane.- PROPOSAL GA REG#CU400802 Date: May 8,2002 We propose the installation of a new Heating and Air Conditioning system with the following equipment and related materials for the Tybee Teen Center • Trane Package Heat Pump Unit. • 10.0 Seer Efficiency. • 5-Ton Capacity. • Energy Digital Thermostat. • Our designed metal ductwork system to fit under Center. Supply Grills to be installed in floor. Duct system shall be sealed. • Sales Tax included. INVESTMENT: ACCEPTANCE OF PROPOSAL — The prices, specificadous, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature: Tkink you, y Date The Indoor Comfort Specialists Heating • Air Conditioning • Refrigeration 1650 East Victory Drive • Savannah, OA 31404 - Phone: (912) 232-1650 • Pax: (912) 232-0088 1 1 CITY OF TYBEE ISLAND AGREEMENT COUNTY OF CHATHAM WHEREAS, the City of Tybee Island is having a facility constructed on property owned by the City of Tybee Island which abuts property owned by Steven Swanberg and Frank Dubberly and which is allegedly burden by an easement claimed by Steven Swanberg and Frank Dubberly (sometimes hereinafter referred to as "Swanberg ac Dubberly ") for access to their property; and WHEREAS, in connection with the intended construction of the building to be located on the property of the City of Tybee Island (hereinafter sometimes referred to as "the City "), it is necessary for the access of Swanberg and Dubberly to be relocated and moved from its current area of use in an easterly direction; and WHEREAS, the Marine Rescue Squadron is working in conjunction with the City of Tybee Island for the construction of the building and the improvement of the premises; and WHEREAS, in lieu of making any payment to Swanberg and Dubberly in consideration for the agreement to relocate the claimed access easement the Marine Rescue Squadron and /or the City agrees to make improvements to the access easement and certain abutting property. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein the parties agree as follows: 1. The claimed access easement for Swanberg and Dubberly will be located as depicted on the survey attached hereto as Exhibit "A." 2. The previously used access by Swanberg and Dubberly and /or their invitees, 1 1 licensees, lessees, social guests, etc., shall be permanently abandoned and relocated to the location depicted on Exhibit "A" and no further easements or rights of access shall be claimed. 3. Lieu of payment or other consideration to Swanberg and Dubberly for the extinguishment of the previous access and /or the relocation of such access, the City will cause improvements to be made within the property of the City and certain abutting property consisting of crush and run so that there will be an access area of 21 feet in width with an appropriate grade. 4. In connection with doing the work the City acknowledges that it is doing the work or causing the work to be done as opposed to it being done by Swanberg and Dubberly, and agrees it will save Swanberg and Dubberly harmless for any damages or injuries which occur in connection with and during the course of the performance of that work excepting, however, any damages or injuries that occurred as a result of the sole negligence or willful misconduct of Swanberg, Dubberly or anyone acting on their behalf. This 7 day of Agreed as to Form: 2002. Edward M. Hughe , Esq. Attest: Steven Swanberg rank Dubberly City of Tybee Is an ,.May -01 -02 15:01 ,-17w" vale. •I4 S Uu4 i u fl ; 9:3U:Uu YM (1c,t3 cof\I c6Y) P.02 Page 2 of 2 1 f1 -11(6ec i;�p ( �L+MfCtlfLtCL4 J 1 ���rrJ rte. •�� 1.; a i:1 f� � �v 1 7 -2 -1 use of city building 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 _, Chapter -, Section_, be _ to read as follows: Section 1. Section 7 -2 -1 is hereby amended to read as follows 7 -2 -1 USE OF CITY FACILITIES A- Criteria for Use: City facilities may be use by individuals and organizations whenever such use meets all of the following criteria: 1. The use does not interfere or conflict with planned use by the City. 2. The use promotes the health and welfare of the general public. 3. The use is consistent with the functions of municipal government reflected in Georgia State Law. 4. The Use is lawful and does not unfavorably reflect on the image and reputation of the City. 5. The use is compatible with the characteristics and capabilities of the facilities and does not create undo risks of damage or deterioration to the facilities. 6. The use is reserved in advance by a responsible party, on forms provided by the City, with payment of the Use Fees and Damage /Cleanup Deposits as specified below. 7. The reserved use may not be assigned or "sublet" to others. B. Fees and Deposits: Use of city facilities by others requires the payment of Use Fees and Damage /Cleanup Deposits. Use Fees and Damage /Cleanup Deposits reflect various amounts depending on the category of person reserving the facilities as well as the types of people using the facilities, reflecting whether such individuals pay taxes to the City directly or indirectly. Use Fees charged shall be used to offset the cost of utilities, insurance, and periodic maintenance of the facilities, as well as administrative costs associated with reserving the facilities and processing the monies involved. Damage /Cleanup Deposits shall be used when necessary to offset the costs of any damage and cleanup of facilities. Page 1 of 4 1 1 1 7 -2 -1 use of city building The schedule of Use Fees and Damage /Cleanup Deposits for City facilities available for use by others is as follows: PUBLIC FACILITY FEE SCHEDULE FACILITY CODES DEFINITION 1- CITY HALL ADUITORIUM 2- MEMORIAL PARK PAVILION 3- COMMUNITY BUILDING 4- SCHOOL CAFETERIA 5- SCHOOL CLASSROOMS 6- JAYCEE PARK BUILDING 7- OTHER (BALLFIELDS, ETC) RESERVED BY ON FOR USE BY 1 2 FACIA rI -TY C 3 4 5 6 7 TYBEE RESIDENTS ONLY TYBEE RESIDENTS USE FEE 0 0 0 0 0 0 0 DAMAGE /CLEAN UP DEPOSITS 100 50 50 5 0 50 TYBEE RESIDENTS 1 -TYBEE RESIDENTS WITH SOME NON TYBEE RESIDENTS & 2 -TYBEE NON- PROFIT GROUPS& ORGANIZATIONS 50 V USE FEES 0 0 0 0 0 0 0 DAMAGE /CLEAN UP DEPOSITS 100 50 50 5 0 50 50 V TYBEE RESIDENTS NON TYBEE NON- PROFIT GROUPS ORGANIZATIONS USE FEES 20 10 15 1 5 10 15 V Page 2 of 4 1 7 -2 -1 use of city building NON -TYBEE RESIDENTS DAMAGE /CLEAN UP DEPOSITS 100 50 50 5 0 50 50 V 1- NON -TYBEE RESIDENTS 2- NON - PROFIT GROUPS& ORGANIZATIONS USE FEES 50 20 45 4 5 20 50 45 V DAMAGE /CLEAN UP DEPOSITS 100 0 50 50 5 0 50 s,,0 X00 V NON -TYBEE RESIDENTS FOR PROFIT GROUPS ORGANISATIONS (MEETINGS ONLY) USE FEES 50 5+ DAMAGE /CLEAN UP DEPOSITS 100 50 4 45 5 50 5 0 20 V 50 50 200 V AMOUNTS INDICATED AS USE FEES ARE PER DAY CHAGES (OR ANY PORTION THEREOF) AMOUNTS INDICATED AS DAMAGE /CLEANUP DEPOSITS ARE PER OCCASION DEPOSITS *AMOUNTS CHARGED FOR #7 -OTHER ARE VARIABLE, DEPENDING ON THE TYPE OF FACILITY USED, AS DETERMINED BY THE CITY MANAGER (ORD 2002 -10; 5/9/2002) C. Refunds: Refunds of amounts paid to the City for Facility use by others shall be as follows: 1. Upon cancellation no later than on the fourth calendar day preceding the first day of reserved use, the total Use Fee and Damage /Cleanup Deposit shall be refunded, 2. Upon cancellation after the fourth day preceding the first day of reserved use, the Damage /Cleanup Deposit shall be refunded, and the Use Fee shall be forfeited. 3. Following examination of the premises after use by others, and following the immediate return of any facility keys provided, the Damage /Cleanup Deposit shall be refunded only Page 3 of 4 1 1 7 -2 -1 use of city building if the facilities are returned to a condition equal to or better than the condition existing immediately prior to the use by others, including the removal of all litter, garbage, and trash from the premises. D. Miscellaneous: 1. There should be no smoking in any City building. 2. Nothing shall be attached in any way to the walls, doors, floors, ceilings, fixtures, or any other part of any city building. 3. All furniture or equipment shall remain in City buildings. 4. Entrance fees may not be charged without a special permit from the City manager or his/her designee. (ORD. 1998 -10; 04/08/98) 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 , 2002 Mayor Walter W. Parker City Clerk 1st Reading: 2nd Reading: Enacted: Page 4 of 4 1 1 1 Future Shore Front Development Limits In order to identify the parameters for future building, on the beach front, I am suggesting that the following steps be taken by the Beach Task Force with subsequent recommendations to Tybee City Council for funding and implementation . 1. A complete survey of all beach front base lines. This will establish the patterns for all future beach re- nourishment. A. This base line will establish, on a permanent basis, the landward and seaward limits for future re- nourishment and further establish a reference point to be used in establishing the DNR limits of jurisdiction. This should be coordinated with the DNR and the Corp. of Engineers utilizing any information currently completed. 2. Upon completion of item # 1 a joint conference with the DNR to negotiate their jurisdictional lines. It is recommer}ded that this conference be held between the City of Tybee and the DNR. We would recbmrnend that Erick Olsen, as a representative of the City of Tybee, rather than individuals establish these lines on a permanent basis. It is suggested that when these lines are identified that they be permanently marked. A. This would allow the city to control the building of structures and take the arbitrary establishment of building lines out of the picture. B. As part of the negotiations the. City of Tybee would agree to pass ordinances which would preclude the construction of any buildings seaward of the DNR lines in perpetuity. This should remove the question of building do accreted land seaward of the base line. Further it is suggested that the DNR accept the lines which are established as permanent and should a storm erode the beach landward of the DNR lines then the City of Tybee or its representatives would have the right to re- nourish that portion of the beach thereby protecting the land owners from the loss of their property. 3. In order to begin the implementation of this recommendation I am requesting that the BTF discuss this proposal and reach a consensus so that a proposal can be submitted to the City Council to establish if they will support our recommendations before any further work is done. 1 MARTIN L. KARP, CPA DENNIS W. RONNING, CPA RICHARD D. TINDOL, CPA BRADLEY A. LUCAS, CPA A. L. KARP (1925 -1969) City of Tybee Island, Georgia Post Office Box 128 Tybee Island, Georgia 31328 KARP, RONNING & TINDOL CERTIFIED PUBLIC ACCOUNTANTS May 10, 2002 123 ABERCORN STREET P. 0. Box 9550 SAVANNAH, GEORGIA 31412 912 - 232 -0475 TELEPHONE 912 -232 -0478 FACSIMILE 888- 261 -8702 TOLL FREE krt@krtcpa.com We are pleased to confirm our understanding of the services we are to provide to the City of Tybee Island, Georgia. We will assist client personnel in balancing pooled cash accounts with corresponding accounts in participating funds. These accounts include the following: 1. Pooled Cash 2. Due from General Fund 3. Due from Hotel — Motel Fund 4. Due from Water and Sewer Fund 5. Accounts payable pending 6. Wages payable 7. Due to other funds 8. Claim on pooled cash in participating funds 9. Accounts payable in participating funds Because the procedures listed above do not constitute an examination, we will not express an opinion on the Pooled Cash Fund. We plan to begin our procedures on approximately May 13, 2002. Our fees for these services will be at our standard hourly rate of $95.00. We appreciate the opportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree to the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, T Karp, Ronning & Tindol, P.C. 1 City of Tybee Island, Georgia Pooled Cash Procedures May 10, 2002 RESPONSE: This letter accurately sets forth the understanding of the City of Tybee Island, Georgia. By: Title: Date: 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, Ak-t *Cry , 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 GA day of in avj , 2002. (2) That it is my understanding 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. (3) The subject matter of the closed meeting or closed portion of the meeting held on the �j' Ct. of MA H , 2002, which was closed for the purpose(s) of '-pe CS,e,r, n as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (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. 1 1 1 (5) 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. This day of Sworn to and subscribed before me this day of , 2002. Notary Public g: \common \enih \14536\af iday.02 , 2002.