HomeMy Public PortalAbout20020912CCMeeting1
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@ @ITEM 2002 -09 -12 City Council Minutes
Mayor Pro Tem Walter Crawford called the September 12, 2002 Council meeting
to order. The following Council members were present: James Burke, Jack Youmans,
Whitley Reynolds, Jason Buelterman and Richard Barrow. Mayor Parker was absent
because of surgery for a knee replacement. City Manager Bob Thomson and City
Attorney Edward Hughes were present.
Deacon Edie Atkins gave the invocation, which was followed by the Pledge of
Allegiance.
The following citizens petitioned Council on interest in purchasing city right -of-
ways or unopened streets: C. Harvey Ferrelle — 509 —C Miller Avenue; Bruce W. Karrh,
Sr.- Wrenwood Avenue; Mable Sanders — Wrenwood Avenue; Debbie Brady Robinson —
5th Avenue and 9th Street. Mrs. Daniel O'Conner asked if property owners would be
notified. Crawford said that the city cannot land lock a property.
Henry Levy addressed Council on the issue of a city planner. City needs the
advice a professional planner. A city planner would look at the C -1 area. All citizens
will be penalized if you create more condo lots. Youmans said that his proposal would
give back to the C -2 what was taken away about 5 or 6 years ago. Crawford reminded
everyone that government moves slowly.
Terry Montford of 1008 Bay Street addressed Council on the health issue on the
mosquito problems. Montford said that there are lots of vacant lots that hold water; there
is also a long ditch along Bay Street. Crawford said that the ditch use to run all the way
through S.B.& R.C. as drainage ditch. The Drainage Task Force will address this.
Rick Liudahl petitioned Council for relief on parking fees for exhibitors and
worker for the October 12th & 13th Art Show on the Pavilion. Council told Liudahl to
meet with City Manager Thomson
Kathryn Williams announced that the Beach Sweep will be September 21st staring
at 10 a.m. at the pier. Williams said that she had checked on a shorter lease time for the
Marine Science Center and that the 15 -year lease would better serve when looking for
grant money. Williams also said that Buelterman students on the Adopt a Highway did a
great job last weekend.
Rick Hurst asked who proposed the green space? What is the City going to buy?
Hurst said that with the prices that people are paying for the parcels of land that it would
not be enough for the city to purchase any large piece of land. Crawford said that this
Council does not set the price for what they are sold for — 4 to 6 appraisers on a list. Sale
of strips of land — non buildable lots has been going on forever, with the green space
resolution the revenue will go into a special fund. It will be a matter of public record and
everything is out in the open. Crawford said that the City is looking at the land on the
north side of the highway going off the island. If the City has funds to put up as good
faith then it will show the Federal and State that we are able to go forwards to purchase
and then they will help with funding. Hurst asked who authored the proposed zoning
change for C- 1/C -2. Crawford said this issue will come up later on at a public hearing.
Mayor Pro Tem Crawford read a proclamation for World Population Awareness
Week.
Mayor Pro Tem Crawford opened, asked for comments and closed the following
public hearing according to the municipal and state laws.
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Planning Commission Dick Smith presented Council with the petition for site
plan review and variance from Keith Gay — 802 Highway 80 PIN 4- 19 -2 -10. Smith said
Planning Commission vote unanimously for approval contingent on a letter from the
property owner Shel Solomon. Youmans said this is an office trailer and that it has been
there for several weeks why come before Council now? There are permanent piers.
Hughes said that the structure straddles the lot line. Smith said Solomon owns both lots.
Hughes said more than this letter is needed. Gay said that Shel Solomon will own the
building and that this is a site plan review. Crawford said Gay is a tenant of Solomon and
that this trailer will be for additional office and storage. Reynolds said they are only
adding a room. Crawford said a temporary structure.
Smith presented the petition a variance from G.S. Vision for lot reduction in an R-
1 District Bay /Solomon/Byers Streets PIN 4- 22 -2 -7. Smith gave the background of the
property. G.S. Visions want to build 4 single - family residences. The property is a valid
PUD and they could build 22 units on the land. The Planning Commission vote 6 in
favor of granting the variance and 2 opposed. Pam O'Brien asked about the lot sizes?
Crawford said 50 by 90 feet. — 4,500 square feet each. Eubanks questioned the parking.
Renfroe said that it is off street parking under the houses. Buelterman said that if Council
does not approve the request then they could build 22 units. Crawford gave some
background formt eh 70's; lots of record go back to the turn of the century.
Smith presented the petition from Dr. Gail Lamb for a 0 lot line setback variance
in order to place a historic structure and to save the 2 oak trees. Public Works and Water
Sewer have been asked for their opinion on selling a portion of Lovell Avenue. Planning
Commission voted 5 to 4 to deny the variance request. Dr. Lamb said she did not want
the variance she wanted to purchase a portion of Lovell and there are more than 2 oak
trees involved. Lamb said there are no water or sewer lines on the property. Hughes
answered that is correct. Crawford said that the City could retain easement for service
reasons. Lamb told Council the forester said that with cutting limbs from the trees it
might not save them. Burke said an alternative proposal would be 4 or 5 foot setback
from line instead of 0 setback. Lamb informed Council that the mover could move the
house and leave it for 3 months; part of it would be in the right -of -way. Buelterman said
that sounded like a good compromise. Burke said she would take a gamble on the
purchase instead of the 5 -foot variance. Youmans said if 5 -foot variance is passed then
she would not need right -of -way from City. Barrow informed council that John Hunter
had requested to purchase Lovell Avenue and was told no because of water and sewer.
Crawford answered Hunter still has request before Council. Crawford said the comment
from Michael Gibboni said the area might be needed for future infrastructure, so the City
could retain an easement. Lamb questioned why 20 feet when other places the whole
area. Hughes answered because the City does not know where the infrastructure would
be placed on Lovell.
Smith presented the petition from Sheldon Tenenbaum for a variance from the
shore protection ordinance at 1621 Chatham Avenue PIN 4- 10 -5 -5. Smith said that the
DNR permitted this request in 1993 and that Tenenbaum has until September 7, 2003 on
the permit. Planning Commission voted 7 in favor to grant and 1 opposed, contingent
upon DNR and landward 10 feet. Tenenbaum said he plans to build a single family home
and renovate the other cottages on property. Crawford said that he would have to adhere
to DNR. Buelterman said he is in his right to be only 10 -foot back. Both Crawford and
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Buelterman said the letter from DNR does not mandate but recommends further back.
Bargeron said that Ms. Butler, DNR, wrote a letter today and when the batter boards and
strings are in place she will come back for a site visit. Ron Goldberg and Dr. Garry Carls
spoke in opposition of where the house would be located on the lot, but stated that they
are happy that Sheldon is building. Dr. Jim McNaughton spoke in favor of the variance.
Smith presented a 4 -foot side yard setback variance for Tom DeWalt 1 B Tybee
Straits PIN 4- 7 -2 -20. Smith said that this would allow DeWalt to build stairs and rebuild
the deck. Planning Commission voted unanimously to approve as the other side of the
duplex was granted the same variance last year.
Smith presented the petition from Michael Roach for a Site Plan Review for a 3
Unit multi family at # 3 Second Terrace. Smith said the plan shows enough parking but
the Planning Commission voted 5 to 3 to deny. Roach said that there are no code
requirements for alley width. Roach said the zoning is residential tourist and to please
use the same standards that were used for approval of other multi units. Paul Ewaldsen
said there are single - family homes and he has no problem with a 3rd floor, main concern
is the parking. Ewaldsen said that when Roach turns in to park under structure that he
needs to drive over his property. Burke asked Roach where he plans to park 6 cars.
Roach showed him on the plan. Burke said it couldn't be done, that he has been over to
the site. Reynolds said this project has gone from renovating what was there to multi, are
the R.T. setback being adhered to? Reynolds said this is a whole new deal. Roach said
no change to the footings, this property is a lot of record from 1909, and it is 3,200 square
feet. Hughes said that the R.T. special review touches on what Reynolds said.
Buelterman said Roach might be able to get Volk wagon but a SUV no way. Jiggs
Watson said there is no way to pull in a truck.
Smith said that the zoning text amendment Section —090 Schedule of
Development — combine C -1 & C -2 Create C -A, C -B, and C -C. was already presented to
Council by the Planning Commission with a recommendation to table. Hughes said this
would also include a zoning map amendment and that said map is in this room with
copies taped to the table in the back of the auditorium. Hughes said R -1 -B overlaps with
C -2 district coming east on Highway 80. Gay questioned setback. Hughes said C -1
would apply. Gay then said that means no setbacks. Hughes answered no that is not
what it means; it will depend on the use of the property. Crawford said that it would be
commercial A, B, & C, with the uses different. Gay then said on the issue of hearings for
a hotel, if I met the requirements then no public hearing is necessary. Crawford said
correct if you comply with ordinance, then only the site plan would have a public
hearing. Gay said with the C -2 changes the City will be opening up a gate, the use
determines the setbacks required. Pam O'Brien asked who proposed this change?
Youmans answered that he did in order to give back to the property owners what was
taken 5 or 6 years ago. O'Brien asked what street was involved. Youmans answered
Highway 80. O'Brien said that the last time this was on the agenda that post cards were
mailed to the entire island, there was no comments allowed, the public was never invited
to speak on the subject. Crawford answered that Pearce, Monaghan and you addressed to
Council. O'Brien said that he Mayor asked for comments on the residential but she was
not allowed to for the commercial, notice should be sent again, you need to look at the
infrastructure. O'Brien said that the information on the bill out of the island from the
engineers are addressed to the current zoning laws. Hurst said he agrees with O'Brien, it
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was not done intentionally, the Mayor rules the meetings. Hughes stated that the City is
required to give the public a chance to speak out on this issue and it was re- advertised for
this meeting. Youmans introduced Chris Solomon, Chair of the C -2 committee.
Solomon said that the change to C -2 took place in 95 with no notice to owner and no
advertising in the newspaper. The scope was to recommend reasonable setbacks, to see
how many non - conforming structures, property line versus 200 feet from highway.
Solomon said that from the November 8, 2000 meeting the recommendation on setbacks
was 10 feet front, 6 feet side and rear. Solomon said he longer owned property in the C -2
district and that a City Planner was on the table 3 or 4 years ago. Barrow told Council
that he attended a seminar at the GMA Annual Convention in Savannah and that places
are going back to commercial/residential together. Solomon told Council that 70% of his
property was taken in setbacks.
Crawford presented Chief Jimmy Price with the Blue Star flag that was presented
to him at the 9 -11 ceremony in Memorial Park. This flag was used in World War 1 to
place in the window of homes that had relatives in the service. Crawford said this flag
will fly in front of City Hall.
Crawford called a 20- minute recess. Crawford reconvened the meeting and
opened the meeting for business legally presented.
Reynolds moved to approve the variance for special review from Keith Gay
802 Highway 80 PIN 4- 19 -2 -10. Burke seconded. Vote by Council was unanimous.
Youmans moved to approve the variance for lot reduction for G.S. Vision Lots
1— 5; 5 Byers Street PIN 4- 22 -1 -7. Barrow seconded. Vote by Council was 5 in favor
(Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds).
Burke moved to deny the variance for a 0 setback for Gail Lamb 1702 Inlet
Avenue PIN 4- 9 -1 -8. Buelterman seconded. Vote by Council was 4 in favor to deny
(Burke, Crawford, Buelterman and Barrow); 1 opposes (Youmans); 1 abstained
(Reynolds). Buelterman moved to approve a 5 -foot rear setback variance. Burke
seconded. Buelterman amended his motion by the addition of no mitigation for the two
oak trees. Burke accepted the amendment. Vote by Council was 5 in favor of granting
the variance (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained
(Reynolds).
Youmans moved to approve the shore protection variance for Sheldon
Tenenbaum 1621 Chatham Avenue. Barrow seconded. Vote by Council was 5 in
favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds).
Burke moved to approve a 4 -foot side yard variance for Tom DeWalt # 1B
Tybee Straits. Reynolds seconded. Vote by Council unanimous.
Buelterman moved to deny the site plan for a 3 -unit multi - family from Michael
Roach at 3 Second Terrace PIN 4- 5 -4 -4. Reynolds seconded. Vote by Council was 5
in favor to deny (Burke, Reynolds, Crawford, Buelterman and Barrow; 1 opposed
(Youmans).
Youmans moved to adopt section 3 -090 Schedule of Development combination
of C -1 and C -2 on first reading and make changes before second reading. Crawford
said that all was legal that it was advertised and posted. Hughes explained to the Council
that it is not good to change the wording on a zoning text amendment between 1st and 2nd
readings. Hughes said that the first reading could be deferred until the October meeting.
Burke seconded Youmans motion. Reynolds said that the information from the C -2
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committee has been lost for 2 or 3 years and he would like time to look at their
recommendations and we need to work on both districts. Barrow said that the
professional planner could address this issue. Youmans said he goes along with a
professional planner and that if the ordinance needs changing then we can do it again.
Buelterman said approval of 1St reading gets us closer to it becoming law, which brings
Tybee even closer to resembling places like Myrtle Beach & Daytona, which is a bad
thing. Voting in favor of the motion was Burke, Youmans and Crawford. Voting against
were Reynolds, Buelterman and Barrow. This is a tied vote and becomes a dead issue.
Barrow moved to accept the consent agenda. Burke seconded. Minutes of
August 8, 3002 council meeting; North Beach Dune enhancement contract — Dowdy
Construction - $329,300; Records Management Procedures and Diane Sikes as the
deputy records management clerk; 2"d Reading on Zoning text amendment Section 7-
060(B) 1 Removal of Significant Trees; City Manger moving expenses of $486.43;
GMA medical insurance rate increase — the city to bear the extra expense for family
coverage until January 2003. Vote by Council was unanimous.
Buelterman announced that on September 30th at 6 P.M. there will be Water
Sewer Committee meeting to discuss the idea of a tier system for charging.
Crawford announced that the 6th, 7th and 8th Street drainage project will have a
bid opening during week of the 23rd of September.
Youmans said he would like to move that Council hold 2 meetings a month with
all public hearing being held at the 1St meeting, this would eliminate the 6 P.M. pre
session, would mean shorter meetings, better for the public and the elected officials.
Youmans moved to adopt on first reading. Reynolds seconded. Vote by Council was
unanimous. Clerk will have ordinance ready for 2nd reading at the October meeting.
Thomson explained the planning contract with RDC. It will be a 75% - 25%
with the City paying the 25% Teresa Concannon said that the RDC assist local
governments, there are 3 certified planners. They will set up meeting, workshops and
speakers. They will also help draft ordinances.
Hughes explained to Council that the issue of the term limit for the lease for the
Marine Science Center has been discussed with their attorney. Hughes said the City
could do a 5 -year option, with extending each 5 years, but the M.S.C. feels that a 15 years
lease would be better. It is noted that the North Beach Grill has 5/5/5, the Shrine Club
has 15 and also the M.R >S. lease is for 15 years. The M.R.S. are constructing a building
on City property and the City would have to reimburse if the lease is not re- upped.
Crawford said that 15 years is the most common. Buelterman moved to give the M.S.C.
a 15 -year lease. Burke seconded. Reynolds asked what else does the City use the
facilities for? Youmans said what it was built for. Barrow said that is a lot of years to tie
up beachfront property. Buelterman said with the Federal funding that was used to
construct there will be a safe guard. Hughes said it was an outdoor recreation grant.
Youmans asked what the notification was in the present contract/lease. Hughes said it is
now 60 days notice by either party. Williams said that they are working hard to increase
funding and reminded Council of the positive impact the Tybee has all over the world
because of the M.S.C. Youmans said that the M.S.C. should be complimented on getting
funds from other sources and on the good job they have done. Vote by Council was
unanimous. Hughes will look into the issue of rent. Youmans said it's ridiculous to
charge M.S.C. rent while at the same time they receive city funds.
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Barrow moved to accept the contract with Enviro- Assets by Dodie Gay.
Reynolds seconded. Vote by Council was unanimous. Need to place in budget.
Youmans moved to adopt Section 5- 040(A) Zoning Text Amendment
Administrative Approval of Minor Subdivision. Reynolds seconded. Vote by Council
was unanimous on first reading.
Youmans moved to adopt Section 4 -3 -1 Emergency Management Agency:
Created; Composition; Voting Status on its first reading. Buelterman seconded. Vote
by Council was unanimous.
Buelterman moved to adopt Section 4 -2 -4 Fire Same Direction & Control of
members; consent to engage in work on its first reading. Burke seconded. Vote by
Council was unanimous.
Thomson said that the information before them on LOST distribution is for
information only. Thomson said with the percentage going up to 1.74% for Tybee that
should means about $200,000 extra in revenue.
Buelterman moved to accept the cable contract from Greg Fender on
recommendation of Thomson. Burke seconded. Thomson said the reason for this is
because the person at GMA who handles this for the cities is out ill. Thomson said
Fender's fee would be less than $4,000. Crawford asked Thomson if he has had any
response from U.S. Cable about televising Council and Planning Commission meetings.
Thomson answered no. Vote by Council was unanimous.
Buelterman moved to approve the Significant Trees Mitigation Cost schedule
for 90 days. Barrow seconded. Vote by Council was 5 in favor (Burke, Reynolds,
Crawford, Buelterman and Barrow); 1 opposed (Youmans). Planning Commission
member Lawanna Tsoulos said that a sub committee was appointed to look at he tree
ordinance. Crawford asked about a time frame. Tsoulos said by end of year.
As there was no further business to come before Council, Mayor Pro Tem
Crawford adjourned the meeting.
Mayor Pro Tem Walter Crawford
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WORLD POPULATION AWARENESS WEEK
PROCLAMATION
Whereas more than one billion people — one sixth of the world's population — are
between the ages if 15 and 24, the largest generation ever in this age bracket; and
Whereas nearly half the world's population, and 63% in the least developed countries, is
under the age of 25; and
Whereas 17 million young women between the ages of 15 —19 give birth every year,
including some 13 million who live in less developed countries;
Whereas early pregnancy and childbearing is associated with serious health risks, as well
as less education and lower future income potential for young mothers; and
Whereas risks of dying from complications of pregnancy or childbirth are 25 times higher
for girls under 15, and two times higher for women between 15 — 19; and
Whereas approximately half of the 5 million people infected with HIV last year were
young people aged 15 — 24; and
Whereas almost 12 million young people now live with HIV, and about 6,000 more
become infected every day; and
Whereas the choices young people make today regarding their sexual and reproductive
lives, including responsible male behavior, will determine whether world population
stabilizes at 8 billion or less or 9 billion or more; and
Whereas the theme pf World Population Awareness Week, proclaimed last year by
United States Governors of 31 states, Mayors of 228 U.S. cities, and 266 organizations
from 77 countries, is
"Population and the Next Generation"
NOW, THEREFORE, I Walter W. Parker, Mayor of the City of Tybee Island, do
hereby proclaim October 20 — 26, 2002, as World Population Awareness Week and
urge all citizens of our city to take cognizance of this event and to participate
appropriately in its observance.
Adopted this
2th day of b 2002
ayor Walter W. Parker
C-2 Review Citizens Committee
11 -8-00
Open Meeting Minutes and Recommendation
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Meeting began at 7:30PM. A sign up and phone number sheet was past around
for initialing. The Chairman and four members were present together with
communication submitted by Mike Deal for his recommendations. After an hour of
round table discussion together with review of discussion from prior meetings, the
following recommendations for C -2 setbacks were proposed by motion, second, and
unanimous vote:
Front Set Backs 10 feet
Side Set Backs 6 feet
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It was requested that special note be given to the overwhelming support for proposing
setbacks that would allow small businesses to develop walk -in traffic space where Tots
are minimum. Since there is a limited amount of C -1 and C-2 space available for
business, and since there is a real benefit to be gained by promoting small business for
our tourist community, it is the belief of the committee that setbacks should not
discourage but encourage the business development.
Although numerous other related zoning concerns were discussed, the charge for this
committee was for setback recommendations only. Therefore, the committee is
complying accordingly.
Said meeting was adjourned at 8:45PM
Sincerely,
Chris Solomon
Chairman
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Committee Members
Chris Solomon.
Michael Deihl
Debbie Kearney
Pat Locklear
Harry Spirides
Tommy Solomon
Sonny Dittmas
Keith Gay
Spec Hosti
Other Participators
Colette Dell
Steve Ashley
Angela Byers
Rick Lindenberg
Diversity of Committee
4 — Member reside in District
3 — Members past City Council Members
1— Member past Mayor
6 — Members operate Business in Zone
3 — Members operate Business and reside in Zone
1— Federal Employee w/Hospitality Industry
1— Federal Retiree
At least 7 Members hold valid City Business licenses
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August 28, 2002
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ADDENDUM NO. BID ITEM NO. 1
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IIOPENED BY: 1o� 1 1%0154 -- kb 6 / 9 C,/ ("04
ADDENDUM NO.
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PRE - QUALIFIED
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NAME OF BIDDER
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NOTICE OF AWARD
DATED Avo, fl� Sri: /4 , 2002
Ad. %W
TO: AM, CiMizes tr. ea wj poeu i 63441 Raccao4.1 EI#1/4, 31017-
PROJECT: CITY FO TYBEE ISLAND, NORTH BEACH DUNE ENHANCEMENT
PROJECT
You are notified that your Bid dated August 28, 2002, for the above Contract has been considered.
You are the apparent successful bidder and will be awarded a contract for City of Tybee Island,
Tybee Island, North Beach Dune Enhancement Project upon fully conforming with the following
requirements for award.
:� Withioysevea _'t. - i "date -�s�'' -Notee`b-Awa-i -u`' `e met e W �: - , .�,
enclosed contract documents, fully executed, signed and witnessed, and a Certificate ofInsurance as
follows:
2 originals - Contract
1 original - Performance Bond
1 original - Labor and Material Bond
1 original - Certificate of Insurance certifying compliance with all
insurance requirements specified in the General Conditions
Within seven (7) days after receipt of the above documents, OWNER will return to you one (1) fully
executed original of the Contract. You may obtain two additional free copies of plans and
specifications upon request.
You will be notified of the time and place for a preconstruction conference; your proposed work
schedule must be delivered to the OWNER at that time.
Failure to deliver the aforementioned contract documents and insurance certificate within the time
specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award, and to
declare your Bid Security forfeited.
City of Tyb - Island (0
By: ' fi Air/ "i #
(Authorized Signature)
WALTER PARKER MAYOR
(TYPED NAME) (111LE)
1 NOTICE OF AWARD
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Procedures for Use of City of Tybee Island Archives
The City of Tybee Island operates its Archives Room and Records Retention/Retrieval as
stipulated by the Unified Code of Georgia, and the guidelines set forth in the Georgia
Secretary of State's manual for Archives and History, the State Records Management
Program, containing Common Records Retention Schedules for use by County and
Municipal Governments. Tybee's municipal government either meets all state standards
or is in the process of being brought into compliance as the records are currently being
placed in the new Archives Room.
The City Clerk is the custodian of the official city records, including both the official
actions of City Council and the departmental records mandated for retention under the
state code and the procedures set down by the Secretary of State's Office of Archives and
History.
The Tybee Island Clerk of Council has been designated Records Manager. In the Clerk's
absence, the Deputy Records Clerk is in charge.
The Records Manager has assigned, or will assign, areas for departmental records
retention. Records clerks will be trained in proper procedures of records maintenance,
storage, retention and retrieval. Most of this training will be one -on -one, conducted
while the work is in progress, but there will be several training sessions scheduled each
year in order to keep all staff up -to -date on use and maintenance of archival information.
Each department will assume responsibility for packing and inventorying its own records
under the supervision of the Records Manager. These records will be presented to the
Records Manager already boxed and completely inventoried on forms provided by the
Records Manager. Boxes will be labeled and indexed by the departmental staff member
and the Records Manager together. Uniform labels and forms will be prepared for each
box of records before the boxes are shelved. The correct placement of the records will be
overseen.
Because of the limited staff time available, departmental staff and records staff will
arrange mutually convenient times to work together on archives in the Records Room.
Requests for retrieval of records and research will be handled as expeditiously as
possible. Records room staff will attend staff or citizens and assist them in retrieving
records. Copiers, microfiche readers, computers and other office equipment will be
available in the room for the use of the researcher. Records Room materials and
equipment will be used only in the presence of the manager or deputy manager.
Use of the Archives for research by citizens will be encouraged. Availability of these
public records will be publicized through local media and posted in the office of the
Clerk of Council and other public offices. Appointments to assist researchers will be
made in advance by the Records Manager and/or Deputy Manager.
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7 -060 Removal of Significant Trees
ORDINANCE NO.
It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting
assembled, that the Tybee island Code of Ordinances, Title 8 Land Development Code, Article ,
Section(s) _, be _ to read as follows:
Section 1. Section 7 -060 is hereby amended to read as follows
7 -060 REMOVAL OF SIGNIFICANT TREES
(A) Significant trees may be removed only under the following situations or conditions:
1. Upon showing by the applicant that removal of a significant tree is necessary to make
reasonable beneficial, economic use of the property; such showing must demonstrate that
there is no feasible alternative that would preserve the tree, and must be made for each
significant tree the applicant proposes to remove,
2. For improvements, expansion and/or new construction of infrastructure services, including
water /sewer systems and streets, but only if no alternatives are available; and,
3. Prior to the issuance of a Building Permit allowing the removal of a significant tree, the City
Administrator shall confirm in writing that one (1) or more of the situations enumerated
hereinabove exists.
(B) The Building Permit allowing the removal of a significant tree shall require the landowner /permittee
to comply with the requirements set forth in Sections 7 and 8 and the additional following
conditions:
1. Each removed significant tree shall be replaced with one (1) or more trees of like species,
having an aggregate DBH at least equal to the DBH of the removed tree,and meeting the
requirements of Section 7 -080; such replacement tree(s) shall be considered to be one
(1) tree for the purpose of meeting the density requirements established in Section 7-
050(A); and,
2. Such other conditions as may be proposed by the City Administrator and approved by City
Council.(ORD. 1999-20; 06/10/99)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance
shall have application to any violation of the Tybee Island Land Development Code of Ordinance
of the City of Tybee Island, Georgia.
Mayor Walter W. Parker
R. wn, Clerk o Council
Page 1 of 2
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STATE OF GEORGIA
CITY OF TYBEE ISLAND )
CONTRACT FOR PROFESSIONAL SERVICES
This contract is made by and between the Coastal Georgia Regional Development Center,
hereinafter referred to as the CGRDC, and the City of Tybee Island, hereinafter referred to as the
"City";
Witnesseth that:
WHEREAS, the City desires that the CGRDC provide technical assistance and administrative
services necessary to complete the following Discretionary Work Program (DWP) activity:
Special Development Regulations: Facilitation of a "Land Use training workshop" to
review the use of the land use plan and the implementation of special development regulations,
performance standards and urban design controls.
THEREFORE, it is distinctly understood and mutually agreed as follows:
I. PERFORMANCE OF SERVICES: The City hereby agrees to engage the CGRDC and
the CGRDC hereby agrees to perform the services stipulated in this agreement in
accordance with the terms and conditions contained herein. In addition, the City hereby
agrees to engage the CGRDC in accordance with the terms and conditions contained
herein.
A. The CGRDC shall complete the project by October 31, 2002.
B. The CGRDC shall consider the receipt of this contract, signed and executed, as
the official notice to proceed.
II. SCOPE OF WORK: All activities will be in accordance with the Georgia Department
of Community Affairs Discretionary Work program guidelines and program funding
assistance. The CGRDC shall do, perform, and complete in a satisfactory and proper
manner the following work and services:
(1)
The facilitation of training workshop to review the "Use of the Land Use
Plan" and to review, discuss, and consider the preparation of special
development regulations
(2) All activities shall comply with the Georgia Department of Community
Affairs conditions for Discretionary Work program funding assistance;
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Contract
Page Two
III. COMPENSATION: Work will consists of:
A. Professional Staff
(including fringe, indirect costs, and clerical assistance) $2,400
B. Mileage 400
C. Misc.- Speaker /consultant fees 1,000
Sub -total $3,800
Less DCA 75% assistance ($2,850)
TOTAL COST $ 950
IV. NONCOMPLIANCE, MODIFICATION, OR ABROGATION: In the event of the
CGRDC's and /or the City's noncompliance with the requirements of this contract, this
contract may be canceled, terminated or suspended in whole or part.
A. If this contract is nullified, all finished or unfinished documents prepared by the
CGRDC under this contract shall, at the discretion of the "City" become City
property. The CGRDC shall be entitled to be paid just and equitable
compensation for any work completed on said project. Furthermore, the CGRDC
shall be held harmless, in the event of nullification, from its said responsibilities
for the completion of such project.
B. The original scope of the project, or the completion date, may be altered by either
party with written concurrence by both the CGRDC and the City.
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Contract
Page Three
Accepted and Witnessed, by our hands on the f Q day of
CITY OF TYB
Date
Walter W. ' arker, Mayor
, 2002.
Date Witness
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COASTAL GEORGIA REGIONAL
DEVELOPMENT CENTER
Date Vernon D. Martin, Executive Director
Date Earl "Buddy" Carter, Chairman
Date Witness
_08/14,/2002 14:14 FAX 9127$88998
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Client Clay of Who island Contact Sob Thomson Telephone: 912-786-4613 x 1O
P.O. lox 2749 City Manager Tybee Wand, GA 313284748
1 PURPOSE The undersigned, Cory o f Tybee b3 = referred to as aerie has entered into an
agreement In wilting this date with ENVIRDASSET317a & Environment Waste Solutions (t summer referred to as
Consultant), to serve as Consuttare for the Client to rocks= and improve seed waste management arts recycling
Individual signing bale aereement has =Mg authefey to covenant, represent and bind the Client, wit
summers and as &rgne.
it SERVICES TO SE we evaluate Client's recycle* ycffng , waste harittgag,
stamp and on systems and will exarnirne relevant contracts and expenses incurred in these areas for the
purpose of ng avereitarges which may new eft err have stetted it Ma east, Constetere neN pepsin
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UL FINANCIAL AGREEMENT: Cwt agrees to pay Consultent fifty percent (50%) cf all recovered
overcharges Seegaree in the form of refunds, or and for future waste management or
b7ting an a mordh r fora of si dy (60) months bestrarangethe month when Client fret reeatl
the savings or begirming the first month after recommendations are pgagented, virdchever worm first and payable
upon rootlet. For the purposes of this agreement a oveSt is the saute es a refund, When C'rerd does receive e
refund, credit, payment or reduction directly frorn s suppleire es a rresutt of consulting Outs, Client agrees that thin
motions were as a rat of Consultant efforts and age to compensate Consultant soniirtg to the terms of this
agreement Payment shell be due within 10 days from the date the credit first appears an Client billing, or upon
rest Of a refund. Payment for kngleMentaien is expected for all facilities where recommendation are
implemented.
V. OF AGREEMENT: The term of this agreement =di be Sixty (80) maths *im the date of
=peptones by both parties. Consultant may audit relevant accounts annually or as deemed necessary by
Consultant Consultant's =Mrs beyeed the Melly approved faCtreamentlaticina may movies the teen Of ells
emanate vat the approval 01 the Client Recontmendadons implemented by Client widen the terms of this
Agreement wit result in inmate to Consulted es agreed.
V. PAYMENT: If Consuitot affects a seem: on in Clheot'e future wage rnenagement expenses Of rmes,
Client agrees t0 pay CansuNaot Fifty patent (80 ) of these future billing reductions Ors 0 monthly lY fors period
of sixty {80) months beginning the month when Client first Mites the savings and payable by the 10ttt day of each
month mean the difference bet/inner Clients ea of the des of the Agreement
and Client's expenses following the hrmlementaten of s Mar m . A late payment fee Of 1.5%
will be added to Invoices paid after the payment due dam.
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vs, cONPO NTIAUTY: The Pats harehl agree that all rep0rts, antiysts, by
Consultant for C3iont are considered Vostridential and Proprietary Work Produclt' and may not be imps by
Client at any Client facility unless l$ cernpensated as set forth to paragraphs 1l1 and IV of this Agmernant
Ve. REFERRAL Upon execution of this Agreement, plea as to refer to Consultgue Authorized Vend
who may contact Client and Ciffinla that all rte, credits, andor prays are a result Co i#s'
alYrts and agrees to compensate Consultant according to the em of this Ageenent. Client also agrees to
implement and disseminate the relevant terms of this agreement with approprlale Client OfflOyeefl. Unless
otherwise specillosily excluded in this contract, all facilities owned, Oersted or managed by the Client are Included
Melts Agreement
Vin. GOVERNING LAW This agreement steal be binding upon the Patties, and their successors and ensigns,
including merger partners and purchasers of all or subtly all, of the assets end business of either qty. Thds
Agreement shall be governed by ccristrued and ante in accordance with ths laws of tft® state of Georg. to
resolve enY <disputen er disagreements that Tray arise tattler any provision of this Agreement. The POWS further
wee to institute scat actions only before the courts of the State of Georgia. Agreed to and acaeptad the
day of , 2002.
CONSULTANT:
BY:
CLIENT:
SY:
Oode Gay, President ° W'aterlie. Pstlrsr, Gird of 'Nees Maid
P.O. Scot 8782 Savannah, OA 51412.8752 Iftyr
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P.O. 13me8762 Savannah, OA 314124712
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5tr 1u euue 17:53 CITY OF SRVRNNRH
238 -0872 p.3
CERTIFICATE OF DISTRIBUTION
TO: State Revenue Commissioner
Pursuant to an Act of the Georgia General Assembly, effective January 1, 1980, relating to Local
Sales & Use Taxes, the governing authorities for the qualifying municipalities and the county
located within the special district coterminous with the boundaries of Chatham County County
hereby certify that the proceeds of the combination city/county local sales and use tax generated
in such district shall be distributed by the State Revenue Commissioner as follows:
City of Bloomingdale
City of Garden City
City of Pooler
City of Port Wentworth
City of Savannah
City of Thunderbolt
City of Tybee Island
City of Vemonburg
County of Chatham
shall receive
shall receive
shall receive
shall receive
shall receive
shall receive
shall receive
shalt receive
shall receive
2003 -2012
1.37 %
5.78 %
320 %
1.68%
67.36 %
1.20 %
1.74 %
0.07 %
17.60 %
This certificate shall continue in effect until such time as a new certificate shall be executed as
provided in said Act.
By executing this schedule the county and cities, acting through their respective officers,
represent that all municipalities Tying wholly or partly in the tax jurisdiction have been given an
opportunity to show that they are 'qualified municipalities,' as that term is used in the Act, and that
all municipalities listed herein as recipients are 'qualified' and so may receive distribution from the
proceeds of the tax.
Executed on behalf of the governing authorities of the qualifying municipalities representing not
less than a majority of the aggregate population of all qualifying municipalities located within the
special district and the governing authority of the county, this day of • 2002.
Mayor of the City of Bloomingdale 0 Mayor of the City of Garden City
Mayor of the City of Pooler Mayor of the Port Wentworth
Mayor of the City of Savannah Mayor of the City of Thunderbolt
Mayor of the City of Tybee Island
Chairman of the Board of Commissioners
County of Chatham
Mayor of the City of Vernonbu,
a},coe, on On
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August 13, 2002
Mr. Bob Thomson, City Manager
City of Tybee Island
403 Butler Avenue
P.O.Box 2749
Tybee Island, GA 31328 -2749
Dear Bob:
I enjoyed talking with you last week, regarding the City of Tybee Island's cable
television franchise renewal. As we discussed, I am prepared to assist the City of Tybee
Island with the cable franchise renewal.
Scope of Services :
I am proposing essentially a turnkey service in which I would assist the City of Tybee
Island with the following:
• Negotiating a renewal franchise, including the preparation of the franchise document;
• Evaluating the past performance of the cable company seeking franchise renewal (this
would include a review of franchise fee payment compliance);
• Determining the future cable - related needs and interest of the City following a
community needs assessment; and
• Assisting with Public, Educational and Governmental Channel (PEG) development
and implementation issues.
These services will be provided in conjunction with the law firm of Arnold and Porter.
Arnold and Porter's Telecommunications Practice Group includes more than 20 attorneys
in Washington D.C. Several of these attorneys have been practicing telecommunications
law for more than 25 years and have been part of the dramatic shift in the regulatory
environment that has occurred over that time.
I have enclosed a proposed Agreement between the City of Tybee Island and Local
Government Services,LLC. The Agreement includes a description of the fee and
payment schedule. I have been very successful in negotiating for reimbursement of
consulting fees on behalf of local governments, however it varies depending on the actual
terms and conditions that are negotiated. For example, the City may decide that an
equipment grant for PEG support is more important than reimbursement of fees. In any
event, I request reimbursement of consulting fees in every negotiation.
AGREEMENT BETWEEN
THE CITY OF TYBEE ISLAND, GEORGIA
AND
LOCAL GOVERNMENT SERVICES,LLC
FOR CABLE TELEVISION FRANCHISE MANAGEMENT SERVICES
WHEREAS, the City of Tybee Island, Georgia ( "City ") desires to provide regulation and
oversight of cable television services being provided to the citizens of the City;
WHEREAS, Local Government Services,LLC ( "LGS ") has available a cable television franchise
management service; and,
WHEREAS, the City has a need for such cable television franchise management service.
THEREFORE, THE CITY AND LGS AGREE AS FOLLOWS:
Section 1. Service options provided to the City of Tybee Island
LGS agrees to provide, either directly or through its agents or subcontractors, the following
service options chosen by the City (all of which are explained more fully below) which are to be
known as the LGS Cable Television Franchise Management Service:
City to Check Services It Seeks:
a) Franchise Management, as more fully described in Section 2 of this agreement;
b) Franchising and Renewal Services as more fully described in Section 3 of this agreement.
Section 2. Franchise Management
Franchise Management shall include assisting the City with the following options chosen by the City
(a separate fee applies to each option, and such fee is for the one -time provision of such option for a
single cable provider) (City to check box to each service it seeks):
a) Franchise Compliance Review: Services include notifying the City of any identified areas
of noncompliance and resolution of same or notification that the operator was found to be in
compliance; and facilitating the City's compliance with the 1984 and 1992 Federal Cable Acts,
the Telecommunications Act of 1996 and other matters affecting municipal regulation of cable
TV operators.
b) Transfer Review: Evaluating and responding to requests for approval of franchise
transfers; drafting transfer ordinance or resolution granting or denying transfer request.
c) Public, Educational and Government Access Review: reviewing funding and other
issues related to the public, educational and government access channels.
d) Fee Negotiations: Assist City with the negotiation of tower rental fees or pole
attachment fees, if applicable.
In the event that the City at a later date desires to obtain additional or repeat services offered
pursuant to this section 2, the parties to the agreement may execute an addendum or addenda to
this agreement for the City to obtain such services
Section 3. Franchising and Franchise Renewal Service
Franchising and Franchise Renewal Service shall include assisting the City with the following
options chosen by the City (a separate fee applies to each option, and such fee is for the one -time
provision of such option for a single cable provider) (City to check box next to each service it seeks):
a) Franchising Ordinance Service: Assist the City with drafting an ordinance governing the
process for granting a new or renewal cable franchise.
b) New Franchise Service: Negotiating a new cable franchise on behalf of the City. (Applicable
to a new franchise only, renewal franchise services are set forth in subsections 3 (c) and (d).
c)_x_Cable Franchising Renewal Services: Implementing and administering a procedural process
for granting renewal franchises; negotiating a renewal franchise on behalf of the City; evaluating the
past performance of cable companies seeking franchise renewal; determining the future cable - related
needs and interest of the City in the development and implementation of a community needs
assessment; assisting with Public, Educational and Government Channel (PEG) development and
implementation issues, if applicable; Planning for the development of an Institutional Network, if
applicable.
In the event that the City at a later date desires to obtain additional or repeat services offered
pursuant to this section 3, the parties to the Agreement may execute an addendum or addenda to this
Agreement for the City to obtain such services.
Section 4. Other Services
In addition to the services outlined above, the City may obtain franchise fee auditing and technical
performance auditing of a cable operator; technical assistance in the development of public,
educational and governmental access channels and institutional networks; rate regulation assistance
for basic service, equipment and installation and performing rate analysis to determine compliance
with the Federal Communications Commission ( "FCC ") rate regulations. These other services may
be obtained from LGS, its agents, employees or subcontractors. The parties to the agreement may
execute an addendum or addenda to this agreement for the City to obtain such services.
Section 5. Effective Date, Payment and Termination.
a) This agreement shall become effective upon the signature by the parties.
b) The total obligation of the City under this agreement, for each of the service options chosen
under this Agreement, except as provided in Section 4 of this Agreement, shall be
$3,392.00, plus out of pocket expenses incurred by LGS, its agents, employees or
subcontractors arising out of this Agreement. Out of pocket expenses shall include, but are
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not limited to postage, transportation, meals and lodging and shall not exceed $1,000 unless
mutually agreed to by LGS and the City. LGS shall provide to the City documentation
sufficient to substantiate any out of pocket costs.
c) The City shall pay LGS 50% of the total obligation when this Agreement is executed and 25%
of the remaining total obligation within 120 days of the date the Agreement is executed and
the final payment of the total obligation when the first document of any work performed for the
City pursuant to this Agreement is delivered to the City.
d) Either party may terminate this agreement at any time upon thirty (30) days written notice to the
other party. LGS shall be entitled to payment for services rendered to the city, including
compensation due for additional services reasonably substantiated by LGS as of the effective
date of termination.
Section 6. Hold Harmless and Indemnification.
Each party shall bear the responsibility for liability for negligence, errors or omissions of its own
officers, agents, employees or subcontractors in carrying out this agreement. The City holds
harmless LGS for liability for the negligence of the City, its officers, agents, employees, or
subcontractors arising out of this agreement. LGS holds harmless the City for the negligence of
LGS, its officers, agents, employees, or subcontractors arising out of this agreement. In addition, the
City designates LGS, its officers, agents, employees, and contractors as agents of the City for
purposes of Section 635A of the Communications Act of 1934, as amended, and the applicable
provisions of the Local Government Antitrust Act of 1984.
Section 7. Amendments.
This contract may be amended by future written agreements executed on behalf of the City and LGS.
Section 8. Law Applicable.
This agreement shall be construed under the laws of the State of Georgia.
EXECUTED ON BEHALF OF THE CITY OF TYBEE ISLAND THIS DAY OF `i
20b`�
(SEAL)
Mayor:
City of
EXECUTED ON BEHALF OF
LOCAL GOVERNMENT SERVICES,LLC
By
Member
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A RESOLUTION OF THE CITY OF TYBEE ISLAND THROUGH THE COUNCIL TO
AUTHORIZE THE MAYOR OF SAID CITY TO EXECUTE A CABLE TELEVISION
FRANCHISE MANAGEMENT SERVICE AGREEMENT
WHEREAS, the City of Tybee Island desires to regulate and oversee the provision of cable
television services ;
WHEREAS, Local Government Services,LLC has available a cable television franchise
management service to assist the City in such regulation;
NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Tybee Island is
hereby authorized to execute a cable television franchise management service agreement on behalf of
the City, in substantially the same form as Appendix A which is attached to and made a part of this
resolution.
RESOLVED by the Mayor and Council of the City of Tybee Island this 1 day of
ATTEST:
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Mayor:
City o Tybee Island
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Mayor Walter W. Parker
CITY COUNCIL
Anne P. Monaghan, Mayor Pro Tem
James "Timmy' Burke
Pamela J. O'Brien
Mallory Pearce
Shirley Sessions
Jack Youmans
CITY OF TYBEE ISLAND
SIGNIFICANT TREE MITIGATION
COST SCHEDULE
City Manager
Tom Cannon
Caerk of Council
Jacquelyn R Brown
City Attorney
Echvard M. Hughes
Type of Replacement Tree Cost per 2 Inches (DBH) of Tree Cut*
Live Oak $100.00
Magnolia & Savannah Holly $ 85.00
White Oak $ 75.00
All others $ 50.00
Up to a maximum contribution of $1,500.
Contributions may be made to the City of Tybee's Palms Up Fund in lieu of on-site tree
replacement as authorized by the Land Development Code:
• Minimum density of 3 trees/4,500 square feet of area is maintained or
• Pre - removal density was less than above.
`Price includes pick up, planting and 10 days of watering by City of Tybee personnel. Prices
may be subject to market price fluctuations.
Revised January 10, 2002
Expires March 31, 2002
P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328
(912) 786 -4573 - FAX (912) 786 -5737