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HomeMy Public PortalAbout20020808CCMeeting1 @ @ITEM 2002 -08 -08 City Council Minutes Mayor Walter W. Parker called the August 8, 2002 regular Council to order at 7 P.M. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City Attorney Edward Hughes and City manager Bob Thomson were present. Reverend Hale Bishop gave the invocation. The Pledge of Allegiance was recited. Mayor Parker asked the visitors to hold their remarks to 3 minutes. Representative Burke Day told the audience that he has had the honor of representing them for 10 years in different capacities. Day asked that all go to the polls and vote on August 20, 2002. Day said that he has never given Tybee anything but his best. Day also asked for the support and vote of all in attendance stating that he has enjoyed serving the citizens of Chatham County. Phil O'Dell addressed Council by stating he is a hometown boy but that he has moved to Thunderbolt. O'Dell said he grew up on Tybee and that Mr. Chu was his guardian. O'Dell asked for the citizens to support and vote for him. Chris Lightle presented the 2001 City of Tybee audit from the firm of Karp, Ronning & Tindol. Lightle said that he would be glad to entertain any questions. Lightle explained that the $50,000 missing from the water sewer department referred to by the Savannah Morning News has been accounted for because of errors in billing. At least 2 bills went out in the amount of $26,000. for a two month billing. The citizens who received these bills came to the cashiers' office for adjustment. The adjustment was done in cashiers' office but never done to the general ledger. Lightle said that the reporter did not have a clue about what we were talking about. Crawford said he appreciates Lightles' statement and that Council is now satisfied, and asked that this please be a part of the 2001 audit report. Crawford said the City now accounts for the money. Dr. Gail Lamb told Council that she has the opportunity of getting the old Chu house from T.S. Chu Terrace moved to her lot at 1702 Inlet but that she would like to purchase a 30 foot portion of Lovell behind her lot so as to be able to place the house without having to cut down some oak trees. Crawford said he toured the property and was impressed about saving a historical structure and the trees. Youmans stated that John Hunter has been before Council numerous times requesting he be allowed to purchase Lovell Avenue. Crawford answered yes he has. Jack Boylston said at the June Council meeting a proposal for an event area was presented to Council and that he felt that there was a lot of favoritism towards it from Council. Youmans announced that property in questioned is privately owned. Rusty Fleetwood said he owns the property and he knows that the city is using it for parking. Parker asked if there was access to Fleetwood thought he parking lot — street? Fleetwood answered yes. Fleetwood gave his opinion that it is a bad idea for a permanent structure to be erected in the R -1 zone and it seems a little short sited. Joseph O'Leary petitioned Council to be allowed to purchase a portion of the unopened section of Estill Avenue on the south side of his lot. Mary O'Leary also requested a portion of Estill and a portion of Storer Street west of lot 1. Henry Levy said that there were three things he would like to address tonight. 1. Tybee Island divided into two districts —124 on the north of 80 and 126 on the south of 80. 2. Taking the Planning Commission out of the process of selling City owned 1 1 1 property. 3. Explore the idea of replacing the landscaped median down the middle of Butler Avenue like it once was. Cullen Chambers echoed comments from Dr. Lamb about the Chu family home. Chambers said it is very important and that he will work with this Council. Kathryn Williams announced that the Marine Science Center is one of 17 non- profit groups who are included with the T.B.S television station. On Friday, August 23rd, at 8 P.M. you can log on to the Internet and vote for the Marine Science Center. If the M.S.0 gets the most votes then they will be awarded $10,000. Rachel Perkins addressed Council on the Master Plan concerning land planning stating that the selling of strips of land and the unopened right -of -ways should be investigated as some of it might be needed for drainage, water sewer, walking or biking in the future. On the subject of Lovell Avenue Perkins said that it is a 60 -foot right -of- way and that perhaps the City could sell 20 feet to one side and 20 feet to the other side keeping the center 20 feet for the city future use. Rick Hurst spoke to Council on the code of ethic issue again. Hurst said that he has pride for Tybee Island and wants to be proud of the elected officials. Hurst said there is an erosion of confidence in our leaders, an erosion of respect in our leaders, is concerned about the public confident. You need to understand the meaning and the policies of the code of ethics, this cost us negative reviews, and hope you will correct. After a lengthy presentation by Hurst, Crawford rebutted by stating that sounds like the next campaign for election, Hurst will be the ethical man. Susie Cary said that Mr. Hurst statement is getting this island divided. Here to help Tybee not hurt it. Cary said she is sorry Hurst thinks this way about Tybee but we need to get back the way it use to be. Freda Rutherford commended Buelterman on his letter to the editor. Rutherford addressed Council on the ordinance before them tonight on selling land to the abutting property owners. Rutherford said in reading prior minutes that some of the rules are not included in the ordinance and that she thinks the Planning Commission should be involved. Rutherford asked Council to vote it down tonight as it is flawed. Mayor Parker opened, asked for comments and closed the following public hearings. Planning Commission Chair Dick Smith presented a petition from Simmons for a variance for non - conforming use continuance at 915 Polk Street PIN 4- 21 -6 -2. Smith said that this would be for a residence for the manager of River's End Campground. Smith said the zoning is R -1, and the construction will be a modular home on piers with underpinning. Attorney Tom Devaney was present to represent the owners. Devaney said this is a manufactured home. Barrow asked if it was stick built. Devaney answered yes, at the factory. Parker asked size of the house. Devaney said 40 feet by 60 feet. Burke questioned the issue of the City owning street in the campgrounds. Devaney said the streets were never deeded to the City. Hughes disagrees. Youmans asked that this be followed up. No comments. Smith said the Planning Commission voted 7 to 1 in favor of the variance. Smith presented the zoning text amendment to the Land Development Code Section 5- 040(A) Administrative Approval of Minor Subdivision stating that the Planning Commission voted 6 to 2 to deny the amendment. Parker asked the reason for denial. Smith answered Bargeron opposed. Crawford asked where did request come from? Smith said Reynolds to Hughes to Planning Commission, started last year. 1 1 Crawford asked Bargeron his objections. Bargeron answered that he only received this a few days ago and he had no input into the ordinance. Barrow said that it reads if staff felt satisfied then they could approve and if not then it could come before Council. Bargeron said that this proposed ordinance asked for things that have never been asked for before. Reynolds questioned Bargeron on what we can add or take away from ordinance. Bargeron said we could have talked about it first. Youmans said that the City is in the process of getting a planner. Crawford agrees, stating many are piece meal. John O'Neal this would make the process friendly and he is in favor of the amendment. Smith presented the zoning text amendment on Section 7 -060 (B) 1 Removal of Significant Trees. Reynolds asked why the City is charging to take down a dead tree? Mallory Pearce spoke in favor of the amendment stating that the tree ordinance is fine but the problem is with the enforcement. Mayor Walter Parker opened the meeting for business legally presented. Buelterman moved to accept the consent agenda. Barrow seconded. Consent agenda: Minutes of July 11th Council meeting; Chatham Municipal Association — Tybee Host — The Grill — September 4th — 6 P.M. Social 7 P.m. Dinner; tree Planting — Memorial And Jaycee Parks; reconvening of reduction of water usage committee and a tier system for water and sewer charges; 2nd Reading of Section 10 -1 -1 Uniform Rules of the Road. Vote by Council was unanimous. Burke moved to approve the variance for continuance of non - conforming use for Simons at 915 Polk Street. Youmans seconded. Vote by Council was 5 in favor (Burke, Youmans, Buelterman, Crawford and Barrow); 1 abstained (Reynolds). Barrow moved to table the zoning text amendment Section 5 -040 (A) Administrative Approval of Minor Subdivisions. Crawford said Reynolds proposed. Reynolds said that this is done in most municipalities with no variance but he is open to what Council wants to do. Crawford said this would allow one piece of property to be divided into two pieces. Reynolds answered no, up to 3 pieces of property. No second to motion to table. No vote or action taken. Crawford moved to adopt section 7 -060 (B) 1 Removal of Significant Trees on its 1st reading. Burke seconded. Vote by Council was unanimous. Burke moved to adopt The Savannah Bank Authorization Resolution for the D.C. on deposit stating that the three signatures should be the Mayor, the Mayor Pro Tem and the City Manager. Crawford seconded. Vote by Council was unanimous. Buelterman said that a citizens survey study on the cable was completed by Don Johnson and it showed that everybody was dissatisfied with the service and it is time for the City to do something about it. Reynolds said that he was dissatisfied and he got rid of it and if everybody did this then it would die on the vine. Buelterman said that the present franchise expires in 2005 and that the City has a request before them tonight to extend it for 10 more years. Parker said Thomson is trying to get in touch with the Landings Association to see what they have done to date. Crawford said this would be an extension of bad service but that the City could require U.S. Cable to televise the City Council and the Planning Commission meetings, this is done by the City of Savannah and also the Chatham County Commission — this allows citizens to hear and see for themselves. Crawford said the City Manager has made several attempts to contact cable concerning this issue. Crawford said he would like a resolution to request officially that U.S. Cable televise the Council and Planning Commission meetings. It was noted that 1 1 GMA is a wealth of information on the subject. Thomson spoke of line of site, wireless stating that Ellabell has it — DSL from Bellsouth and he will provide information to the City Council and the citizens. Hughes explained the draft lease agreement with the Marine Science Center stating that Council needs to fill in the blanks. A long -term lease is needed in order to go after certain types of grants — but the City needs to stay in compliance with the Federal government rules and regulations. Buelterman said how about $1,200.00 a year for rent. Reynolds asked who does the maintenance on the building now? Youmans asked if the City was still going to fund the M.S.C. because it is no comparison with the Marine Rescue Squad. Buelterman said they operate on a 60 -day notice agreement now and that they want longer terms so that they can get donations and grants. Reynolds asked about Shrine Club and North Beach Grill. Hughes answered lease with 5 -year option. Buelterman asked why no 15 years. Barrow said because of location it is kind of hard not to have option. Parker asked Hughes to check on option for years of agreement and have answer for September. Burke moved to accept the 2001 audit report. Crawford seconded thanking Lightle for a wonderful job. Vote by Council was unanimous. Crawford moved to appoint Jacquelyn Brown as Clerk of Council. Reynolds seconded. Vote by Council was unanimous. Reynolds moved to appoint Edward Hughes as City Attorney. Crawford seconded. Vote by Council was unanimous. Parker said that they was a discussion at the 6 P.M. pre session on Section 2 -4 -4 Overtime and Compensatory time off; approval designation. Chief Jim Price addressed Council stating that when they took office you wanted to save money. The comp time is good for my department and it saves me money. Price said that the department head is responsible for overseeing the comp time earned. Price said a police office can earn 480 hours and that regular employees can only earn 240 hours. Price said he has 13 officers who have comp time for a total of 500 hours and its saves the city money. Youmans asked if an employee is required to take the comp time off in a certain amount of time. Price asked if have to pay comp time? Hughes answered yes. Price said he does not earn comp time. Thomson said that he has discussed this with the chief and agrees that it is the department heads responsibility to see that it is managed properly and to allow him to work with the department heads. Youmans asked about the 480. It was told to him that it is a federal rule. Youmans asked how much more would it cost the city to pay for the hours worked at the time they were worked? Price said that comp time can be controlled. Reynolds asked about a cap and maybe not being able to carry over from one year to the next. Hughes said that the cap could be lower than the federal guidelines, now if you work 300 hours it places 480 hours on the book at comp time. Barrow moved to allow Thomson to work with the department heads. Buelterman seconded. Barrow said that department heads need to justify the comp time. Reynolds said it is a liability to the City. Vote by Council was unanimous. Hughes explained Section 9 -6 -1 through 4 Conveyance of Property to Abutting Owners stating that this is an enabling ordinance, does not automatically convey any property, it sets up procedures that would be followed. Hughes said that any petition would have to be advertised for a public hearing before Council. Parker asked if this could not be placed under the umbrella for the professional planner. Youmans 1 1 1 moved to adopt on second reading. Crawford seconded. Crawford stated that this will set up the procedures but that Tybee has been doing these types of transfer for years. Crawford said in past that the money gained from these sales went into the general fund, now it would be in a specific line item within the general fund for the purchase of green space. Vote by Council was 4 in favor of adopting (Burke, Youmans, Reynolds, Crawford); 2 opposed (Buelterman and Barrow). Buelterman said he voted against because of the Planning Commission recommendation, but he would like to act on Dr. Lamb's request now or at the September meeting. Buelterman moved to expedite the request from Dr. Lamb. Crawford seconded. Reynolds asked how? Crawford said if we research you will see that there are dozens of examples where the City has sold property. Crawford amended the motion to add that all revenues grained by sale of city property go into the green space special fund. Buelterman accepted the amendment. Youmans said that Councils have turned down an offer twice for that area. Burke said that the house can be placed on block and that the Council does not need to rush through. Hughes said that John Hunter requested eastern portion and that DPW Director Pye had comments about he was against selling. Buelterman said this is a bad time and lets open the door to make the opportunity for Lamb. Crawford said if Pye has concerns it might be wise for an easement. Parker said it was used for drainage. Hughes stating there was an existing ditch of some sort. Buelterman said to grant what she needs maybe not the entire 30 feet. Barrow said that the city needs to be very careful. Bargeron stated that he understand the haste of Lamb but one option would be to take a look at a variance or maybe granting a 5 foot revocable permit. Burke asked what determined the house historical? Bargeron answered who lived there. Chambers said with all due respect, Bobby Chu is working closely with the Historical Society to move the house, this is a win -win situation. Buelterman moved to send to Planning Commission and then advertise for September Council meeting. Crawford seconded. Vote by Council was 4 in favor (Reynolds, Crawford, Buelterman and Barrow); 2 opposed (Burke and Youmans). Youmans said that he moved for the same consideration about the C -1 and C- 2 Combination zoning text amendment. Crawford seconded. Buelterman said that he thought all this was going to wait until the professional city planer was in place. Vote by Council was 4 in favor (Burke, Youmans, Reynolds and Crawford); 2 opposed (Buelterman and Barrow). Crawford said he would like a resolution to be adopted stating that a Drainage Task Force be formed, and have the DPW have at least 2 employees (pool or hire) to address only drainage problems. Pye has said that many of the problems can be handled in house. Council could get a status report and keep track of drainage problems. Crawford said maybe 3 to 5 citizens on the committee. Buelterman seconded. Reynolds said that Council would be interfering with Public Works Department. Crawford said not so, they can provide information to the Council. Thomson said he and Pye feel that citizen input is good. Vote by Council was unanimous. A discussion was held concerning the professional city planner. Crawford moved to contact Bill Saxman and ask him to serve. Youmans seconded. After more discussion about the city working closely with RDC it was agreed that the city would look at all options. Crawford withdrew his motion and said that we would utilize the 1 1 1 meting set for two week away — we need a time line. Youmans seconded. Vote by Council was unanimous. Thomson brought the Waste Water Treatment Plant change order #4 to the attention of the Council. Parker told them it has already been incorporated. Thomson said the amount is $33,944.00 — funding through the state loan. Parker called for a break at 9:10 P.M. The meeting was reconvened. Attorney Chuck Loncon representing G. S. Vision addressed Council on the issue of the request for 5 lots on Byers, Solomon and Bay (old Hernandez property). Loncon said that he is before Council tonight to ask for the insurance of a permit. Hughes said that the zoning of the property is in question, is a PUD and can have up to 22 units; they are original plotted lots in Bay Ward. Loncon asked if they could get permits and proceed with work. Parker said that he is uncountable to take any action, he was not aware of the PUD zoning. Hughes said that last month a variance was granted for setback of 2 foot on Solomon. Hughes also stated it was the only request before Council. Gary Renfroe said there is a permit on the desk ready for Bargeron, it went through the process, only thing was told was needed was a variance, did not know about the zoning, we are bringing back issue that Hughes brought up in July, just take us back to where we were before Hughes brought this up. Renfroe told Council that they did everything they were suppose to do. Youmans said he was the one to bring up the PUD issue, what is zoning status. Hughes answered there are substandard lots of record if in one ownership then lots are recombined. Council abolished PUD and listed all PUDs that they were aware of and this PUD was not on list. There are 4 good sides of issue. Hughes told Council that the City has been threatened with litigation. Crawford said he agrees with city attorney there at least 4 sides to argue — chicken on a egg situation — understand 1970 — public record PUD — could proceed to build 22 units on that piece of property — asking to build 5 houses, do whatever procedure the City needs to do and give relief. Youmans stated that in 95 PUD was eliminated. Hughes answered yes, listed those that were known, but did not address some PUDs. Crawford said it would decrease density with the 5 houses. Hughes said a suggestion is that they have a request for lot reduction before Council at the special meeting called to set the millage if there is enough time to advertise. Youmans said Fleetwood had to come and ask Council for a zoning change when he wanted to do away with his PUD in Fort Screven. Hughes said that the public hearing would be no later than the next regular meeting. Barrow asked what is City position? Hughes answered in 1980 the duplex was built and it was a PUD for 22 units. Loncon said that PUD is fine and they could build 22 units but they want to do far less, and by doing what Hughes suggests then my client would be giving up the PUD. Crawford asked if we can give them relief without them giving up the PUD. Hughes said question whether there is a valid PUD — lot reduction is needed to allow 5 single - family lots. Burke said if we voted down the request then he would lose. Advertise for public hearing at same meeting with millage. Reynolds said need to find a way to protect substandard lots of record. Buelterman asked when the next LOST meeting is scheduled and who is attending. Parker said he and Thomson are attending and that the next meeting is August 28th at Chatham County on Bull Street. 1 1 1 Crawford said the City needs to resolve the request of Boylston and give him an answer whether it could or could no be done. Parker said it is not our property and he does not feel good about a permanent structure. Thomason said the MPC sent a Non Source resolution and he needs guidance to make sure that the City is in compliance. As there was no further business, the meeting was adjourned. Mayor Walter W. Parker 1 1 9.1.18 Beautification Keep Tybee Beautiful Month WHEREAS, The Tybee Island Beautification Committee makes a tremendous effort through all of their volunteering members to keep the island, walkways and roads clean of litter and debris; and. WHEREAS, on September 7th at 8 A.M. there will be an Adopt a Highway clean up and on September 21st at 10 A.M. will be the annual Beach Sweep, and WHEREAS, The Tybee Island Beautification Committee is requesting that all citizens keep their yards and lawns clean and tidy; to move trashcans to the side or the back of their homes; to be mindful of the ordinances concerning pets; and WHEREAS, the elected officials of the City of Tybee Island stand behind and support the efforts of this committee: IT IS HEREBY PROCLAIMED by Mayor Walter W. Parker that the month of September 2002 be proclaimed as "Keep Tybee Island Clean and Beautiful Month" and do hereby urge all citizens and tourist alike to pick up any litter that they may see and deposit it in any trash receptacle on the island. Adopted this 8th da • August, 2002. alter W. Parker, Mayor Q. a, • Page 1 of 2 ORDINANCE 0 _ AN ORDINANCE OF THE CITY OF TYBEE ISLAND ADOPTING THE GEORGIA UNIFORM RULES OF TIME ROAD, CODE §§ O.C.O..A. 40-6 -1 THROUGH 40-6-397 AND THE DEFLNITIONS CONTAINED IN SECTION O.C.G.A. 40 -1 -1 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED TO REGULATE TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF TYBEE ISLAND AND REPEALING CURRENT 00 -1 -1, SUBSECTIONS A AND B AND ALL OTHER ORDINANCES AND SECTIONS IN CONFLICT THEREWITH. IT IS HERBY ORDAINED by the governing authority of the City of Tybee Island that the Code of Ordinances of the City of Tybee Island shall be amended as follows: Section X. Adoption by reference. Pursuant to Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Code §§ 40-6 -372 through 404-376, Code §§ 40-6 -1 through 40 -6 -397 of that chapter known as the Uniform Rules of the Road and the definitions contained in § 40-1 -1 are hereby adopted as and for the traffic regulations of this City with like effect as if recited herein. Section 2. Penalties. Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punishable by a fine of not more than or by imprisonment for not more than days or by both such fine and imprisonment. Section 3. Repeal. §§ 10 -1 -1 (a & b) are hereby repealed and all ordinances and parts of ordinances consistent with the provisions of this ordinance are hereby repealed. Section 4. Effective date. This ordinance shall take effect from and after the day of , 2002, and shall be designated in the Code of Ordinances of the City of Tybee Island as new § 10 -1 -1 (a) through (d). 7CC /£CC'a £LL2* c' SSHJt: OS'ICIQIVldfl'aIW,[YXfd'PIK9 L9128£22T6 $£:oT Z002.L2'I3'dT CORPORATE AUTHORIZATION RESOLUTION The Savannah Bank, N.A. 25 Bull Street, P.O. Box 188 Savannah, GA 31402 -0188 By: CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND GA 31328 Referred to in this document as "Financial Institution" Referred to in this document as "Corporation" I JACKIE BROWN , certify that I am Secretary (clerk) of the above named corporation organized under the laws of Georgia , Federal Employer l.D. Number 58- 6000661 , engaged in business under the trade name of CITY OF TYBEE ISLAND , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on 08/05/2002 (date). These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position A. CITY OF TYBEE ISLAND 8. JACQUELYN BROWN . Robert B. Thomson D. Walter W. Barker E Walter M. Crawford F. X X Signature Facsimile Signature (if used) X X /6A-511111170; Arr 111 POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) cate A, B, C, Description of Power E, and /or F D. E. (1) Exercise all of the powers listed in this resolution. i . C. D. E. (2) Open any deposit or share account(s) in the name of the Corporation. (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non - payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. (7) Other LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. 111 TIFICATION OF AUTHORITY rther certify that the Board of Directors of the Corporation has, and at the time of adoption of pt the foregoing resolutions and to confer the powers granted to the persons named who e. (Apply seal below where appropriate.) If checked, the Corporation is a non - profit corporation. In Witness Whereof, I have subsc Indicate number of signatures required 2 (two) 2 (two) ECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated . If not completed, all resolutions remain in effect. © 1985, 1997 Bankers Systems, Inc., St. Cloud, MN Form CA -1 1/13/98 this resolution had, full power and lawful authority to have full power and lawful authority to exercise the ibed my name to this document and affixed the seal 2002 (date). - It• poration •• =u • ._ A f ''" Ns 1 *••- ��' Secretary ttest by 0 JACKIE BROWN (page 1 of 2) 1 1 ORDINANCE NO. An Ordinance to amend the Code of Ordinances for the City of Tybee Island to provide a new code section Title 9, Parks, Recreation and Cultural Affairs Chapter 6, Conveyance of Property to Abutting Owners, To Provide for Codification; To Provide for Severability; To Provide an Adoption Date; To Provide an Effective Date; and For Other Purposes Allowed by Law . WHEREAS, the Mayor and Council of the City of Tybee Island has previously passed a "Green Space Resolution "; and WHEREAS, in connection with potentially disposing of property to generate funds for the acquisition of additional green space, procedures are necessary to control the disposition of City property (primarily consisting of unused, unopened right -of -ways or portions thereof); and WHEREAS, present Georgia Law, including but not limited to O.C.G.A. § 36- 37 -6(g) and O.C.G.A. § 32 -7 -1 through 32 -7 -4, permit the City to dispose of right -of -way property to abutting owners under certain circumstances; and WHEREAS, the Mayor and Council of the City of Tybee Island wish to adopt this ordinance to establish a procedure for those individuals who wish to acquire abutting property to make application to the City; 1 1 WHEREAS, the Mayor and Council, as the governing authority of the City, has the power to adopt ordinances relating to its property, affairs and local government; and WHEREAS, the following ordinance is to improve the health, safety and welfare of the citizens of Tybee Island; and NOW THEREFORE, IT IS HEREBY ORDAINED by the Mayor and Council of the City of Tybee Island duly assembled That the Code of Ordinances be amended so as to include the following to be designated as Title 9, Chapter 6, Sections 1 -4 to be entitled " Conveyance of Property to Abutting Owners ": Purpose The purpose of this ordinance is to provide a procedure for the conveyance by quitclaim deed of City property to abutting owners who wish to apply for such a conveyance when the conveyance is deemed to be appropriate in all respects, is for adequate consideration, and which will permit the highest and best use of the property. 9 -6 -1 Anyone owning real property in the City which abuts real property of the City who wishes to apply for a conveyance of a portion or all of the abutting City property shall first make application to the City by directing a written request to the Clerk of Council. The request shall be accompanied by a map, diagram or sketch of the property sought to be conveyed and the abutting properties and the writing shall state the reason the applicant 1 1 1 believes that the conveyance is appropriate. When the Clerk of Council receives an appropriate application, the Clerk shall distribute copies thereof to the City Manager and /or to all department heads of the City as directed by the City Manager as well as to the Mayor and Council. Department heads should comment to the City Manager on whether or not, in their opinion, the proposed conveyance is in the best interest of the City. The City Manager shall report to the department heads all findings to the Mayor and Council within forty -five (45) days of receipt by the Clerk of Council of the applicant's written request. At the following meeting of the Mayor and Council, the matter should be considered and the Mayor and Council should determine whether the City is or is not preliminarily interested in pursuing the matter further. In the event the Mayor and Council are receptive to the applicant's proposal, the expression of such interest shall not be binding on the City and the City shall not be committed at any point in the process until after it has expressly agreed to be bound to make the conveyance for a specified consideration. 9 -6 -2 Once the City, through the Mayor and Council, has expressed an interest in the applicant's proposal, the applicant shall, within sixty (60) days of the vote by the Mayor and Council, expressing such interest, obtain a survey of the effected area as well as an appraisal by a qualified real estate appraiser from a list of acceptable appraisers designated by the City Manager so as to establish the value of the property involved in the conveyance. The applicant shall then submit the request along with the appraisal, survey and related 1 1 1 material to the Clerk of Council who shall refer the matter to the Mayor and Council to either approve the conveyance, approve with contingencies, to consider alternatives, or to deny the request. 9 -6 -3 A public hearing shall be conducted by the Mayor and Council in an open council meeting concerning the applicant's request prior to any conveyance being consummated. The public hearing shall be advertised and conducted by following the procedures used by the City for conducting public hearings on zoning matters. 9 -6 -4 The City is not required to accept the amount of the appraisal and may negotiate for a higher price or may reject the proposal entirely or in parts. Once the agreed upon consideration has been paid to the City in connection with an approved conveyance and an appropriate resolution with a plat or survey attached has been adopted, the City may convey by quitclaim deed whatever interest the City might possess in the effected property. 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 illegal by the valid judgments or decree of any court of competent jurisdiction, such illegality shall not effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. This ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of Tybee Island. 1 1 1 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 Ordinance for the City of Tybee Island, Georgia and the sections of this ordinance may be renumbered to accomplish such intention All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. The adoption date of this ordinance is and its effective date shall be MAYOR ATTEST: ST READING: SECOND READING: ENACTED: G:\COMMONNEMH\14536\ORDINAN\02\GREENSPA.CE w3� A Bell Company Hussey, Gay, Bell & DeYoung, Inc. Consulting Engineers P.O. Box 14247 Savannah, Georgia 31416 Change Order Contractor's Name & Address: AquaSouth Construction, Inc. P.O. Box 747 Pooler, Georgia 31322 Date: June 13, 2002 Job No. Change Order No. Four (4) RE: TYBEE ISLAND WASTEWATER TREATMENT PLANT Description of Work to be Added, Deleted or Substituted: SEE ATTACHED Justification: Extra work requested by Tybee and Summary as -built quantities. Revised Completion Date: Original Contract Amount $2,324,999.00 Total Add Previous Change Order $ 265,733.00 Total Add This Change Order $ 33,944.00 Revised Contract Amount $2,624,676.00 This change order amends above referenced contract and is subject to all terms and conditions stated in original contract. Recommended B y : II'ussey, Gay, Bell & D ung, Inc. Accepted By: ate: June 13, 2002 Date: Contractor: AquaSouth Construction, Inc. Approved By: Date Owner: City of Tybee Island, Georgia 1 1 uaSouth CONSTRUCTION, INC. May 29, 2002 Mr. Inman Beasley Hussey, Gay, Bell & DeYoung, Inc. P.O. Box 14247 Savannah, Georgia 31416 Re; Tybee Island WWTP — Proposed Summary Change Order No. 04 Dear Inman: Harold. Walker, President . Robert K. Beck, Vice President Operations Wade D. Woodring, Senior Project Manager In accordance with our conversation of today, here is a list of the items that are to be included in the summary change order for the Tybee Island project. Proposed Summary Change Order No. 04 o Additional 216 vertical feet of pile @ $11.25 $2,430.00 o 20' x 54' concrete slab at dewatering building $6,800.00 o Entry slab at drying bed $3,000.00 o Additional control work (J.K. Duren Company)** $4,245.00 o Additional electrical work (Rabey Electric)*** $14,669.00 o Roof @ AE Pump Station $2.800.00 Total $33,944.00 ** Please refer to our letter to you dated February 14, 2002 *** Please refer to our letter to you dated May 10, 2002 Please call me if you have any questions or require any additional information. Thank you. Respectfully submitted, aquaSouth Construction Inc. William C. Dobbing Project Manager P.O. Box 747 • 124 Eason Drive • Pooler, Georgia 31322 Tel. (912) 965 -1250 • Fax (912) 965 -1044 Email: mail@aouasouth.com a • 1 Mr. Inman Beasley Hussey, Gay, Bell & DeYoung, Inc. P.O. Box 14247 Savannah, Georgia 31416 Re; Tybee Island WWTP — Proposed Change Order No. 03 — Electrical Items Dear Inman: Harold J. Walker, President Robert K. Beck, Senior Vice President Wade D. Woodring, Senior Project Manager In accordance with our meeting of April 25th, the outstanding electrical items are as listed herein. With the exception of the chart recorder relocation, all of these items have been agreed to during the course of the project. The City ;e.:eniiy uidered the chart recorder relocation and requested that it be included in the summary change order. The costs listed below are the direct cost of our subcontractor, Rabey Electric Company, Inc. As a courtesy to you and the City, we have not marked up our subcontractors cost. Description Cost Install additional contacts in belt filter press control panel $820.00 The additional contacts were required to make the existing BFP control panel compatible with the SCADA system A/C Drive enclosure at the belt filter press $550.00 This enclosure was requested by the City Wire tension switches at clarifiers $920.00 This is additional work that was not shown on the plans Install shielded cable for aeration tank transducer $820.00 Necessary to accommodate transducer modifications Install additional SCADA relays at old MCC $1,766.00 The additional relays were required to make the existing MCC compatible with the SCADA system • Extend main service feed $7,300.00 Required by SEPCO to accommodate their new pole mounted transformers. Pad mount was eliminated. Install alarm lights at clarifier drives Requested by the City • Relocate chart recorder Requested by the City 51,400.00 51,093.00 Total 514,669.00 Please call me if you have any questions or require any additional information. Thank you. Respectfully subiAitted, aquaSouth Construction Inc. William C. Dobbing Project Manager P.O. Box 747 • 124 Eason Drive • Pooler, Georgia 31322 Tel. (912) 965 -1250 • Fax (912) 965 -1044 Email: mail @aquasouth.com ; W. 13 ION 417 HUSSEY, GAY, BELL & DeYUUPBe D uaSouth 1 1 February 14, 2002 Mr. Inman Beasley Hussey, Gay, Bell & DeYoung, Inc. P.O. Box 14247 Savannah, Georgia 31416 II . • Re; Tybee Island WWTP — Proposed Change Order No. 03 Dear Inman: In accordance with our recent conversation, this is to summarize the currently outstanding change order items for the Tybee Island project. Harold J. Walker, President Robert K. Beck, Vice President Operations Wade D. Woodring, Senior Project Manager • b ",,x N • 11 fir As we discussed, it would probably be wise to inciude these items in a summary change order upon project completion. Proposed Summary Change Order No. 03 o Additional 216 vertical feet of pile @ 511.25 $2,430.00 o 20' x 54' concrete slab at dewatering building 56,800.00 o Entry slab at drying bed 53,000.00 o Additional control work (J.K. Duren Company) ** $4,245.00 Total $16,475.00 oger ** See J.K. Duren letter of 2 -1 -02 (copy attached). This proposal was reviewed with Mike Gibboni on 2- 11 -02. Mike has indicated that he would prefer the "adder" option. Your approval to proceed with the additional control work will he appreciated. Should other items arise between now and project completion, we will include them in the summary change order. Please call me if you have any questions or require any additional information. Thank you. Respectfully submitted, aquaSouth Construction Inc. William C. Dobbing Project Manager P.O. Box 747 • 124 Eason Drive • Pooler, Georgia 31322 Tel. (912) 965 -1250 • Fax (912) 965 -1044 Email: mail @aquasouth.com Muu-C f-etJt! 1rJ• J7 I'tIKU P'LHNN1NU LUMM1t1UN 912 651 1480 P.02/05 STORMWATER MANAGEMENT PROGRAM INTERGOVERNMENTAL AGREEMENT STATE OF GEORGIA COUNTY OF CHATHAM Chatham County City of Bloomingdale City of Garden City City of Pooler City of Port Wentworth Town of Thunderbolt City of Tybee Island This agreement, made and entered into on the day of , 2002 by and between Chatham County, a political subdivision of the State of Georgia, acting by and through its duly elected Board of Commissioners (hereinafter referred to as the " COUNTY"); and the cities of Bloomingdale, Garden City, Pooler, Port Wentworth, and Tybee Island, Georgia and the Town of Thunderbolt, Georgia, municipal corporations duty and legally created by the General Assembly of the State of Georgia, acting, by and through their duly elected Mayor and Council (hereinafter referred to as the "MUNICIPALITIES "). WITNESSETH Whereas, the COUNTY owns and operates a municipal separate storm sewer system for the unincorporated areas of Chatham County; and Whereas, the MUNICIPALITIES currently discharge stormwater to portions of this separate storm sewer system; and Whereas, all parties recognize the COUNTY and the MUNICIPALITIES must implement and enforce a stormwater management program to control pollution in storm water runoff under 40 CFR Part 122 and O.C.G.A., Title 12, Chapter 5; and Whereas, the MUNICIPALITIES have been co- permittees under the COUNTY'S NPDES permit for storm water discharges from the municipal separate storm sewer system since 1995; and Whereas, the Georgia EPD has required that this arrangement be formalized with a legally binding intergovernmental agreement and 1 Huu-er -tee rt i Pu I'LHNN 1 NU LUMM I bti 1 UN 912 651 1480 P.03/05 Whereas, Chatham County, the Cities of Bloomingdale, Garden City, Pooler, Port Wentworth, and Tybee Island, and the Town of Thunderbolt are authorized by law to enter into this agreement; Now, therefore, for and In consideration of the mutual covenants, promises, tenants, and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, it is mutually agreed by and between the COUNTY and the MUNICIPALITIES as follows: 1. As the primary permit holder, the COUNTY shall be responsible for mandated stormwater program activities such as GIS mapping, routine water quality testing and sampling, calculation of pollutant loads in stormwater runoff per drainage basin, public awareness programs, and preparation /submittal of any necessary written reports on the program status to Georgia EPD. The MUNICIPALITIES shall, upon request from the COUNTY, submit any information and materials necessary to complete the aforementioned written reports. As co- permittees, under the COUNTY's permit, the MUNICIPALITIES shall reimburse the COUNTY for their proportionate share of the cost of these tasks. Such costs shall be negotiated and set forth in a separate document. 2. The COUNTY and the MUNICIPALITIES will adopt and diligently enforce stormwater management ordinances that meet requirements established by Georgia EPD. 3. The COUNTY and the MUNICIPALITIES will share all available information, including records and documents, related to discharges to the storm sewer system. 4. The COUNTY will conduct routine water quality sampling and inspections, as required by the stormwater management plan, throughout the municipal separate storm sewer system located within the MUNICIPALITIES. Any additional sampling or Inspections of potential illegal discharges will be the responsibility of the MUNICIPALITIES. 5. It is .understood and agreed by and between the COUNTY and the MUNICIPALITIES that if any condition or provision contained in the Agreement is held to be invalid by any court of competent jurisdiction such Invalidity shall not affect the validity of any other such condition or provision herein contained, provided however, that the invalidity of any such condition or provision does not materially prejudice wither the COUNTY or the MUNICIPALITIES in their respective rights and obligations contained in the remaining valid conditions or provisions of this Agreement. 1 nv�a c i cwwc_ t i • ww rim, rLMI'W'IL NU 6.L9'II'I D.711JIV y1G b31 14i1dLt F'.164 /Nxs 6. The COUNTY or the MUNICIPALITIES may terminate this agreement by providing written notice to the other party. All benefits and obligations under this Agreement will cease following thirty (30) business days from termination of this agreement. The terminating party shall also be responsible for notifying the Georgia EPD that said agreement had been terminated. 7. The COUNTY does not assume liability on behalf of any municipality by virtue of its GIS mapping, routine water quality sampling, calculation of pollutant loads in stormwater runoff . per drainage basin, public awareness programs, and preparation /submittal of any necessary written reports on the program status to Georgia EPD. The COUNTY and MUNICIPALITIES will be responsible to implement and enforce a stormwater management program and to control pollution of stormwater runoff within the confines of its jurisdiction pursuant to 40CFR Part 122 and O.C.G.A., Title 12, Chapter 5. 8. IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused this Agreement to be signed, sealed and delivered. Dated this day of , 20 CHATHAM COUNTY, GEORGIA ATTEST: County Clerk DATE: ATTEST: BY: Chairman, Chatham County Commission CITY OF BLOOMINGDALE, GEORGIA Clerk DATE: ATTEST: BY: Mayor CITY OF GARDEN CITY, GEORGIA BY: Clerk Mayor DATE: 1 HUU- ‘r-d7aJ. 11:U1 ATTEST: I1 IkU I-LANN1Nt9 UJNMISSIUN 912 651 1480 P.05/05 CITY OF POOLER, GEORGIA BY: Clerk Mayor DATE: ATTEST: CITY OF PORT WENTWORTH, GEORGIA BY: Clerk Mayor DATE: ATTEST: TOWN OF THUNDERBOLT, GEORGIA Clerk DATE: TTEST: BY: Mayor a 1 TYARP719 OF TYBEE ISLAND, GEORGIA ayor DATE: SAWetar Re sourCeS STptMWATRt2042.20031Ster nweter Management Program Intergavammental Agreementdoc TOTAL P.05 1 1 1 @ @ITEM 2002 -09 -04 City Council Minutes Mayor Walter W. Parker called the Special Called Council Meeting to order at 5 P.M. Members of Council that were present are as follows: Jimmy Burke, Whitley Reynolds, Walter Crawford and Jason Buelterman. City Manager Bob Thomson and City Attorney Edward Hughes were present. Mayor Parker said that the reason for this meeting is to set the millage rate for 2002. State law mandates that municipalities roll back the millage or either hold three advertised public hearing presenting documentation on why it should remain the same of increase. Buelterman moved to adopt the resolution setting the 2002 millage rate at 4.471. Reynolds seconded. Vote by Council was unanimous. Mayor Parker adjourned the meeting. Mayor Walter W. Parker 1 1 WHEREAS, WHEREAS, WHEREAS, R E S O L U T I O N the fiscal year of the City of Tybee Island begins on January 1 and ends on December 31; and Title 3 of the Code of Ordinances for the City of Tybee Island, Georgia, and specifically Section 3 -2 -11 provides in part that the millage rate for annual ad valorem tax upon' all real and personal property within the City shall be established each year by Resolution of the Mayor and Council; and the Mayor and Council desire to set the millage rate for the year beginning January 1, 2002 and ending December 31, 2002 in compliance with the terms of the laws of Georgia and the Ordinances of this City; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in open meeting assembled, that the millage rate of the fiscal year January 1, 2002 through December 31, 2002 be set at 4.471 mils. ADOPTED this 1 day of &FA-. , 2002 Mayor Walter W. Parker