HomeMy Public PortalAbout20040513CCMeeting1
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@ @ITEM 2004 -05 -13 City Council Minutes
Mayor Walter Parker called the May 3, 2004 City Council Meeting to order at 7:00 PM.
Those attending, in addition to Mayor Parker, were Council Members Jason Buelterman,
Eddie Crone, Mallory Pearce, Shirley Sessions, Paul Wolff and Jack Youmans. Also
attending were City Attorney Edwards Hughes and City Manager Bob Thomson.
Shirley Sessions gave the invocation and everyone recited the Pledge of Allegiance.
Emory Bazemore, a candidate for Chief Judge of Magistrate Court, gave brief description
of the responsibilities of the Chief Judge of the Magistrate Court. He said it is the only
judge that is elected by the people in Georgia. He said the Magistrate Court deals with
everyday problems and the judge makes the rulings. He said he believes he is the most
qualified to hold this position.
Julie Culhane, candidate for Judge of Magistrate Court, said she is not running against
Bazemore. Culhane told Council a little about herself and why she thought she should be
Judge. She told all she would appreciate their votes.
Mark Beberman, candidate for Judge of Magistrate Court, said he thought he was the
most qualified candidate. He said he had the temperament to be Magistrate Judge and
asked all for their votes. •
Parker recognized Mary Ann Heimes, candidate for County Commission.
Sarah Gomel asked Council for a decision on her beach business license. Mayor Parker
said Council understood her request and would take it up at the proper time. Parker said
at that time, the City Attorney would give his opinion.
Kathryn Williams requested a 1 -day alcohol beverage license for the Marine Science
Center's auction. She said the auction would be held at City Hall on Saturday, May 22,
2004 from 6:00 until 9:00 PM. She was reminded that she needed a State license as well.
Jan Fox, Chair Person of the Audit Committee, asked Council to appoint Linda Gladin to
the committee. She said Gladin was well qualified and told Council that they had a copy
of her resume. Fox also reminded Council that there had been no reply to Jim Klutz's
offer to volunteer to help the Finance Department.
George Weeks, an engineer with Ward Edwards Co., told Council that Bob Thomson
had asked him to come and answer any questions on ongoing drainage projects. He said
he had given Janice Elliott the bid documents for both 12th Street and Solomon Avenue.
Weeks said the bid for Solomon Avenue reflects the change that was made, which
allowed a savings of $150,000. This change eliminated 1 box culvert since the street was
not going to be paved. Buelterman asked about 12th Street. Weeks said all of the surveys
and engineering studies were completed but did not include 14th Street. Weeks said 12
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Street would have to be torn up to put the pipes under the street. He said it would have to
be repaved and he recommended taking the paving out of the contract. Thomson said we
might be able to use some LARK money to defray that cost. Weeks said William Pye
(former Director of Public Works) was to have gotten the DNR permits. Thomson said
he would follow up on that.
Mayor Parker opened, asked for comments and closed the following Public Hearings
according to law.
Dick Smith, Chairman of the Planning Commission, presented a request for a variance of
10 ft. in the rear setback for Barry Brown at 827 1st Street, PIN 4- 0020 -05 -018. Smith
said this is in RT District and the rear setback requirement is 20 ft. Smith said there is a
40 ft. wide strip of land that will never be utilized for building. He said Brown is also
trying to save a large pine tree. Smith said the PC voted to approve this request.
Smith presented a request for a major subdivision for M. Counihan, B. Counihan and Lou
Off at 1405 Estill Avenue, 0 Bay Street, and 0 Byers Street, PIN 4- 0022 -01 -339, 4 -0022-
01 -359 and 4- 0022 -01 -019. Smith said this would be a sketch plan review for a 12 Lot
subdivision and Engineer Downer Davis has approved the drainage plan. Infrastructure
plans and drawings will be completed before this comes before you for final approval,
said Smith. Smith said DNR permits are in place and the access to all of the lots is shown
on the plans. Smith said the PC approved the request. Jody Counihan spoke from the
audience and said his property would be landlocked. He said he needed more time to
review this proposal. Smith said the plans were here and Counihan said he had seen the
plans. He said he was the Plot in and if this went through like it was, he wouldn't be
able to get to his lot. Smith said if that was the case, we should look at that more closely.
Frank Powers said there is an easement to that lot. Sessions said she had someone, who
was familiar with reading plans, look at these plans and had some questions. Sessions
said she thought that when the plats are recorded, it should be stipulated the private roads,
private pump stations and the trash pickup and emergency vehicles will go to the Byers
Street entrance and will not be required to go over the private road. Sessions said she had
a question regarding the turning radius, that is, if a car could turn without driving over
someone else's property. There was some discussion among some of the Council
Members and the applicants that was not audible to the audience. Crone asked the Mayor
if all of this shouldn't be public record. Mayor Parker asked why Jody Counihan was not
notified of the public hearing. Dee Anderson said they were checking on that, and that it
may have been because of the name being the same as the petitioner. Mayor Parker
suggested that this be deferred until the next meeting and asked Council if that suited
them. Pearce said he agreed but had a couple of questions. Pearce said he wanted a copy
of the tree survey at the next meeting, asked about the existing structures on the property
and what was the plan regarding the shrubbery along the right of way. Off said he would
get the tree survey in on Tuesday, 1 of the existing structures was to be moved and the
other demolished and the shrubbery was just weeds. There was a discussion as to what
was a weed and what was not. Pearce agreed to look and see. Mayor Parker asked about
Byers Street. Off said they were working with Thomson on gaining a beach access,
whether it be private or public. Off said they are trying to get the wetlands delineated.
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Sessions asked about the relocation of the 2 houses. Anderson answered that this would
have to be done in phases. Hughes said this is a preliminary approval of Phase 1. Ellen
O'Leary said to be very careful dealing with family and personal access.
Smith presented a Text Amendment to the Growth Management Plan, Chapter 12 of the
Land Development Code. Smith said this would limit the number of water taps on an
annual basis. The limit would be 60 taps, of which 36 would be for single family and 24
would be for all other. He said any thing over the 60 would have to be approved by City
Council by a unanimous vote. Smith said that it was brought to the PC that the City is
using over 219,000 gallons of water per year through May to September with the showers
on the Strand. Smith said the PC denied the amendment at this time and said to try to
determine how much water the City is using, other than at City Hall, Police Department
and the school complex. Smith said one example is the men's restroom, the water there
is running 24 hours a day, all year, and this has got to be using a tremendous amount of
water. Smith said the PC voted to deny until they could get more information on how
much water the City could save. Sessions asked if the PC had gotten any data on the
number of taps issued so far this year. Smith said they talked about that but he didn't
remember the specific number. Anderson said there had been 44 taps so far. Sessions
asked if there was a break down on those numbers. Anderson said that was all categories.
Sessions asked if he would get a break down. Pearce said this looked like an ordinance
that was passed by a previous Council. Hughes said 2 Council ago, an ordinance was
passed to limit water /sewer taps and this one is for water taps and it did expire. Hughes
said this one is very similar to the one before but the numbers have been changed.
Sessions said we have been told over and over again about the dire straits we are in
because of our water situation. She said we should take appropriate measures to conserve
water. Sessions said our own Engineer, Bill Lovett, has warned us and told us to take
actions.
Smith presented a Text Amendment to Sec. 3 -080, to require driveways to be permeable.
He said the PC discussed this at length, requiring new construction driveways to be a
permeable material. He said the PC voted to require driveways to be of a permeable
material over the City right of ways only. Youmans said he thought that was a good
recommendation, because everyone doesn't have the money to go to a garage and have to
work on cars in their own driveways. Youmans said it was very uncomfortable lying
under a car on rocks. Wolff said it didn't have to be rocks and there are all kinds of
permeable materials. Barry Brown, Contractor, said he had used a pervious concrete on a
house on Center Terrace and was very satisfied with it.
Smith presented a Text Amendment to Sec. 4 -050, District Use Regulations, to set
parking requirements for Marina Districts. Smith said he thought the PC should be
looking at requirements for commercial docks and not just the Maritime District. He said
he understood it was to be a requirement per linear foot of dock that would determine the
number of parking spaces required. He said the original proposal required 1 space for
each 20 linear foot and the PC thought it should be a little more restrictive. Smith said
the PC recommends 1 space per 25 linear feet per each side of the dock. Wolff said this
originally was for recreational boaters, and he said that there would be very few times
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that recreational boaters would all be out at the same time. Wolff said this was meant to
be 20 linear feet on each side of the dock. Wolff said this was worded specifically for
recreational boaters and the commercial boats would remain the same. Peter Hand said
he lives across from a marina, AJ's, and he said he thought this should apply to marinas if
they expand. Hughes said this could not apply to anyone currently in business but if they
expand, they would have to comply.
Sessions said she had read the PC minutes and the discussion regarding the noise
ordinance. She asked if they had discussed the hours of construction. Smith said yes,
they had had discussed the noise ordinance. He said they had copies of several different
ordinances from some municipalities and would review and discuss again. Smith said
one area they are looking at and possibly would recommend, is the hours. One example
is 7 AM until 7 PM.
Mayor Parker opened the meeting for business legally presented.
Mayor Parker asked Hughes to address the issue of a beach business for Sarah Gomel.
Hughes thanked Ms. Gomel for her patience. Hughes said that all of the designated
beach locations, which are named in our ordinance, have been disbursed. Hughes said
that if this business is allowed, there is a risk that the set -up would be on a portion of the
beach that is already permitted. He said in order for this type of business to work, we
would need an amendment to our existing ordinance. Hughes said, in his legal opinion,
this just would not work.
Mayor Parker said that it had come to his attention that some people are concerned that
we have the Executive Session at the end of the Council meetings. Parker said of course
we can't vote in Executive Session, we have to come back into Regular Session to vote
on anything. Parker said due to the fact that some people think that they are not getting
the information they need; I'm going to suggest to Council that we go into Executive
Session right now. Parker told the audience they didn't have to leave, that the Council
would leave and go into a room to discuss the business. Youmans said he was definitely
against this. Youmans said he had been here and gone into Executive Session for 15
years, and in those 15 years there wasn't 5 things that required a vote. Wolff said he
liked that idea but would suggest that they wait until after the business legally presented
so that those people wouldn't have to wait to hear whether their petition was approved or
not. Parker said if we wait until after business legally presented we would be at the end
of the meeting. Youmans said we might have something come up that would have to be
discussed in Executive Session. Buelterman asked how long Parker had been running
these meetings and Parker answered for more years than he cared to remember.
Buelterman said Parker had done a good job for all these years and he would defer to
Parker's better judgment. Parker said some of the people, as well as some of the Council,
have suggested this and he wanted to try it one time. Sessions motioned to go into
Executive Session to discuss litigation, personnel and real estate. Pearce seconded and
added a suggestion not to have a protracted session. Parker said everyone knew how he
felt about the length of meetings. Vote was unanimous.
Crone motioned to return to Regular Session, Pearce seconded. Vote was unanimous.
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Mayor Parker called the meeting back to order. He informed the audience that there was
no vote required on anything that was discussed in Executive Session.
Pearce motioned to approve the 1 -day Alcohol Beverage License for Kathryn Williams
for the Marine Science Center, Crone seconded. Vote was unanimous.
Youmans said he would like for the audience to vote on whether they wanted the
Executive Session to be held in the middle of the meeting or at the end. Hughes said it
would not be binding. Parker said a lot of people didn't stay and asked what was the
pleasure of the audience. Lawanna Tsoulos asked if it could be held at 6:30 PM, before
the Regular Meeting. Some of the Council Members said no. Parker said that he and
Council would make a decision and let everyone know. Wolff said if they vote on
something, it would be recorded. He said they were not trying to hide anything.
Pearce motioned to approve the appointment of Linda Gladin to the Audit Committee,
Crone seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, for
approval and 1, Youmans, opposed.
Crone motioned for approval of the setback variance for Barry Brown, Pearce seconded.
Pearce said he would like for Brown to bring in a tree survey before any building is
started. Vote was 5, Youmans, Sessions, Buelterman, Crone and Pearce, for approval
and 1, Wolff, opposed.
The next item was the sub - division for the Counihan's and Lou Off. Dee Anderson said,
for the record, that Mr. Jody Counihan was mailed a notice to the same address that he
gave to mail the next one. Pearce motioned to continue this request until the next
meeting, Youmans seconded. Pearce said that they should negotiate with J. Counihan
regarding the access, present a tree survey and determine what is to be done on the
property adjacent to Byers Street as to the shrubbery. Vote was unanimous.
Youmans motioned to send the Text Amendment to the Growth Management Plan back
to the PC for more research regarding how much water the City is using, Crone seconded.
Wolff said since water usage is an issue on Tybee, he would like to get this information
as soon as possible. Buelterman said he agrees and would like to know what areas the
showers are located that we have the figures on. He said is it all of the showers or just
the ones on the Strand? Sessions asked if we have to legally provide showers at every
crosswalk. She said she would like PC to recommend some suggestions, such as timers
or some way to regulate the showers. Wolff said he would like to see all of the showers
equipped with low flow showerheads. Buelterman asked what the status was on the
remodeling of the restrooms. Thomson said we have the surveys and the RFP's. He said
since we are going to have substantial improvements, we are getting elevation certificates
as to FEMA regulations. The appraiser is in the process of getting those now. Hughes
said if we start now, we would be at the height of the season with construction.
Buelterman said he had hoped to get all of this done before this season started but now he
thought it was better to wait until after the season is over. He said get all of the plans
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squared away and start after the season. Vote on sending Text Amendment back to
Planning Commission was unanimous.
Wolff motioned for approval for the Text Amendment for the entire driveway to be of
permeable materials, as originally written, Pearce seconded. There was discussion
regarding all driveways or only on new construction. It was agreed to word the
amendment as all newly constructed or newly improved driveways and exceptions to be
based on individual needs. Vote was 4, Wolff, Sessions, Crone and Pearce, for approval
and 2, Youmans and Buelterman, opposed. Youmans said if anyone thinks that white
rock is permeable to go to Solomon Avenue, he said that rock is like concrete. Wolff
said he would like to clarify that the exceptions should be approved by Mayor and
Council. Hughes said he had written, any exceptions must be approved by Mayor and
Council based upon the special physical needs of the owner of the property.
Wolff motioned to approve the parking requirements for the Maritime District as
originally written, 1 parking space for each 20 linear feet of dock space, Pearce seconded.
Anderson said he understood this was for all marinas, not just the Maritime District.
Wolff said he would amend his motion to take out marinas and replace it with docks,
Pearce accepted the amendment. Hughes asked to clarify the motion and wording as, to
require 1 parking space for each 20 linear feet on both sides of the dock for recreational
boats. He continued, for commercial boat operators the requirement is 1 space for the
operator, 1 space for crew and 1 space for each 4 charter passengers. That was agreed
upon. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, for approval, and 1,
Youmans, opposed.
Pearce motioned for approval for the Alcohol Beverage License for Lazaretto Creek
Marina for Scarbrough, Wolff seconded. Vote was unanimous. For the record, the Clerk
said the Police Chief had sent letters of approval for both applications.
Buelterman motioned for approval for the Alcohol Beverage License for Manana Inc. dba
Tumbleweeds for Mather, Pearce seconded. Vote was unanimous. Wolff said on the
application, the fees are not specific and they should be corrected.
Pearce motioned to approve the minutes for the April 22, 2004 meeting as written, Wolff
seconded. Vote was unanimous.
Buelterman said he had asked the Chief of Police to come and talk about the plans for the
G8 Summit. He said that has been postponed and he will come to the May 27, 2004
meeting.
Buelterman said there were 3 areas in our parks that needed some attention. The first one
is the softball field and the City Manager is to take care of that. The second is the
basketball goals at Jaycee Park need to be replaced, but that can probably wait until the
off - season. Buelterman said the skate park is in bad shape and is dangerous. He said the
City has removed the ramps that were in bad shape. Buelterman said at the meeting on
May 27th, he will ask for some SPLOST money, which has been designated for
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playground equipment, to be used to purchase some durable ramps. He said, in the
meantime, he would ask DPW to repair the old ramps so that they can be used safely until
new ones can be installed. City Manager said he would take care of that.
Buelterman said the next item goes back to last year. He said the surfmg zone is South of
17th Street. He said swimmers, surfers and fishermen are all jammed into that one area.
They have no idea that is the only place on Tybee at which you can surf. He said he is
afraid someone is going to be hurt, and he would like signs placed in that area that state
that is the only place people are allowed to surf during the summer. The City Manager is
to take care of that. Sessions said to place this on the Action Item List.
Crone asked if there had been a vote on Sarah Gomel's beach business. Hughes said that,
in his opinion, it would not comply with the ordinance. Hughes said he thought it would
require an amendment to allow additional locations. Ms. Gomel asked several questions
from the audience. She asked about the difference between someone having something
catered on the beach and what she wanted to do. Hughes said that a catered event would
require a special event permit issued from City Hall. Hughes said, in order to keep
businesses regulated, we had to designate certain areas for them to operate. Now, all of
the designated areas have been permitted.
Wolff said at the last meeting, we gave $1500 to Tybee Fest for the Beach Bum Parade.
He said since then he has felt guilty and thought we could give them 350 water
conservation kits instead. He said for various reasons that didn't work out. Wolff said
his counter proposal is to sell low flow nozzles to people on the parade route. He said he
is working on a float and will fill it up from his shallow well. Wolff offered to fill any
float from his well and encourage anyone with a shallow well to fill up their neighbors'
floats. Parker told Wolff that when he gives out the nozzles and water, to instruct
everyone not to shoot the Grand Marshal. (Parker is the Grand Marshal.)
Sessions said most of the Council Members have received Emails from the public with
concerns about the deck situation. She said these concerns were about deck safety,
parking issues and renting apartments and houses in residential areas. She said this is
essentially a commercial use operating in a residential zone. These are rented either by
the owner or a management company, both of which have a business license and pay
hotel/motel tax. Sessions said she feels that when the quality of life for the long -term
residents is impacted by too many people, parking too many cars interfering with other
residents and other issues, it is time to look at ordinances that would address these issues.
She would like for the Planning Commission to review the ordinances and she said we
should be specific. Sessions said the only ordinance that she is familiar with is the one
that addresses residential and commercial bed and breakfast inns. Sessions said she
would like to make sure there is adequate parking and the deck load weight capacity is
posted. Wolff agreed, and said the load limit is 40 lbs. per sq. ft. but we could research
and see exactly what is recommended. Sessions motioned to send these items to
Planning Commission for their review and recommendations, Pearce seconded.
Youmans said the deck issue should be sent to an engineer not the PC. Parker said that
the PC would make recommendations and not do the actual inspections. Thomson said
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the only way to certify the load capacity is to have a structural engineer. He said he
would have an engineer talk to the PC and advise them. All agreed. Vote was
unanimous.
Hughes said he would like to postpone the issue of appointing an attorney for indigent
legal advice until the next meeting on May 27th. He said it would probably require a
budget adjustment since we didn't know about this until recently.
Hughes said he had been contacted several times since the law was changed regarding
golf carts and the license requirements. Hughes said he wanted some guidance as to what
Council wanted to do on this issue. Hughes said you are authorized by state law to adopt
an ordinance that would establish the conditions under which golf carts could be operated
on City streets. He said DOT would determine where they could cross the highways and
you would determine where they could cross the City streets. Sessions said this has come
up before and she said some cities have sidewalks or paths for carts, Tybee does not.
Sessions said her concern is safety. She said she thinks we should look at this for people
who have a handicap or disability. Buelterman asked if we could have an ordinance to
allow some people, people with handicaps, to use golf carts, and how soon would this be
done. Hughes said he could have it by the next meeting. Parker said the use of golf carts
Carte Blanc is unacceptable on Tybee. Several agreed. Wolff said some are now
equipped with lights and turn signals so we would not have to restrict them to daytime
use only. Youmans said it is hard enough to drive now without having to worry about a
cart pulling out in front of you. Hughes said he would have something by the next
meeting.
Hughes said the issue between AJ's Marina and Peter Hand, a neighbor, doesn't seem to
be going away. He said he had received a letter from Phil McCorkle who represents Mr.
Hand. Hughes said he needed some direction as to what Mayor and Council wanted him
to do. Hughes said it could become a legal issue. Hughes said there is a long history
with this and he has to respond to Mr. McCorkle. Parker said he thought that we should
get all the parties involved together and discuss it. Hughes said we can't order people to
meet, in fact we can't order them to come to Council meetings. He said we could let
them know that the issue will be discussed and hope that they will come. Pearce
motioned to authorize Hughes to meet with all parties, Wolff seconded. Vote was
unanimous.
Pearce said he had a question for Hughes. He said there had been complaints regarding
the noise at HuckaPoos. Pearce said the police reports indicate that the decibel level is in
line with a commercial district. But, he said, HuckaPoos is in a commercial district that
abuts a residential district. Pearce asked if we shouldn't review this and set a lower
decibel level for any commercial area that is directly adjacent to residential districts.
Sessions said that could be something the PC could look at under the noise ordinance.
Youmans said we should have the soundman demonstrate the meter to Council Members.
Pearce said the problem is the commercial area is adjacent to residential.
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Thomson said there is a minor change in tile color for the gym as some of the colors
selected are no longer available. He said there is no cost involved. Thomson said it
would be minor changes in the shades of the tile. Sessions said she liked the lighter
shades for the women's locker room. It was agreed to switch the colors between the men
and women.
Thomson said he had a change order for the lighting at the gym. He said to include
dimmers on the lights would be at a cost of $17,000. Thomson said in the plans the lights
had switches with off, high and medium, and the change would be gradual dimming.
Wolff said that would be a big waste of money. All agreed to leave as is.
Thomson said the cost of using permeable paving for the gym parking lot is between
$65,000 and $75,000. He said we could get estimates from sub - contractors on a per foot
basis and see if anybody would do the work at less money. The original plans called for
asphalt and this cost would be to make the lot permeable. Buelterman said we should just
contact some local people and get some estimates. Thomson agreed to take care of this.
Thomson asked Hughes if he was satisfied with the Disaster Debris Management Request
for Proposal. Hughes said that it says the bid bond remains in effect for the entire term of
the contract, that is wrong and if you strike that out it should be good to go. Sessions
asked about freon disposal and did we have "Haz Mat" information. Thomson said there
are standards that would be inserted. Hughes said the standards would be inserted in the
contract. Sessions said she just wanted to make clear to the bidders what we expect.
Sessions asked if FEMA had a pre- approved list of contractors that would be familiar
with regulations. Parker said he didn't think so. Thomson said there might be but he was
not sure. Sessions said she would like to see insurance coverage documented and name
the City of Tybee on the policy. Sessions said we should have a line item and job
description with an hourly rate, so we would know what we were getting. Sessions said
she thought we should ask them to be more specific as to the staff, payment and job
descriptions and salaries. Sessions motioned that we go ahead with this RFP, with the
addition of job descriptions, Crone seconded. Vote was unanimous.
Thomson asked Parker to read the oath to protect and maintain our "Healthy Beach ".
Mayor and Council responded affirmatively.
Mark Williams, Director of DPW, asked Council to approve a new employee position of
laborer. He said this position would be working with landscaping in the summer and in
the winter would be working with various drainage and other projects. Williams said 2
employees were pulled of landscape projects and put on other duties. He said the starting
salary would be $8.12 per hour. Crone motioned for approval of a budget adjustment for
this position, Pearce seconded. Buelterman said he would like to thank the staff for all of
their hard work. Vote was unanimous.
Thomson said we have a good chance of getting a Georgia Forestry Commission $20,000
grant for tree inventory. This would also be for surveys, and GIS mapping once survey
work is done on the unopened rights of way. Thomson said we have been approved for 2
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TEA Grants, 1 for $80,000 to supplement bike trail money from SPLOST and for
sidewalks on Hwy 80, and 1 for $10, 660.72 for supplemental sidewalk work. He said
we also have been recommended to receive a $100,000 Land & Water Conservation
Grant through the National Park Service to acquire a portion of the site from which the
Federal Rifle Cannon fired on Fort Pulaski in April 1862.
Thomson said that he believed everyone received a copy of the state of the street letter.
He said since the contract with HDR Planning Group had been approved, they would be
working with them.
Thomson said when the timing is good, he would like to hold another retreat to go over
prioritization of capitol projects.
Action items were postponed until the next meeting.
Hughes said he had a couple of things that needed to be brought up now. Hughes said the
appraisals had come in for the 5th Avenue properties. He said we should put this on the
agenda for the next meeting the review of these appraisals. He said he could start the ad,
which has to run once a week for 4 weeks within 6 weeks of when the closing has
occurred. He said that Mr. Groover is trying to coordinate the subdivision with the swap.
Hughes said he is not sure the timing is going to work. Pearce motioned to authorize
Hughes to run the ad, Buelterman seconded. Youmans asked if we had both appraisals.
Hughes said yes and the appraisals are $30,000 for both tracts. Vote was unanimous.
Parker said he, Buelterman and 2 members of the Beach Task Force are going to Atlanta
in the morning to meet with the Governor. Parker said the Governor is going to sign
Burke Day's Beach Preservation Bill.
Parker said he had a resolution that he would like Council to approve. He said our
Regional Development Center had been working on this for about 2 years. Parker said it
has to do with water planning and conservation and the fact we need local RDC involved
in planning, protecting and conserving our water. Pearce motioned for adoption and
approval of the resolution, Crone seconded. Vote was unanimous.
Buelterman said that if anyone has any issues concerning water, please put it in his box
and he will see that the representative from Burke Day will answer at the upcoming
workshop.
Sonja Ditmar said she was supposed to be on the agenda for the November Fest. She said
it was to be the 5th annual. Ditmar said it would be in Memorial Park. Pearce motioned
for approval, Sessions seconded for discussion. Ditmar said it had been held on Hwy 80
across from her shop before. Wolff said this should be referred to Clair Price. He said
we were in the process of reworking our Special Event Application. Ditmar said that
Price had all of the information. Parker advised Ditmar to get with Price and get the
proper permit. Ditmar said she understood but needed an ok so she could start
advertising. Ditmar then asked where she stood with the boardwalk festival. Parker said
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we should get the November Fest squared away first. Ditmar said Price said that Council
had to approve it. Hughes said he didn't think that was right and Price could take care of
some things depending on the activity. Hughes said the Strand Festival had been the
subject of some controversy. He said he had the regulations for Savannah but had not
had a chance to read them. Hughes said as long as the event is open to everybody and
goes through the permitting procedure, and you can't have an exclusive thing, such as
you can't set aside the 2' Tuesday of every month, and have the event with any degree of
regularity. The events on River Street in Savannah are also running into trouble, Hughes
said. He said those get an annual permit and are called when someone else comes in for a
similar permit. Hughes said we should adopt a procedure similar to that. Hughes said the
opportunity has to be available to all. Wolff said he recalled at the last meeting, Council
recommended to Thomson that he, Price and someone else developing a fee schedule.
Parker said he was not sure it would be appropriate to approve the use of the park until
she goes through the permitting process and the fees are all in place. Wolff asked if
Pearce would accept an amendment to his motion to approve that it be based contingent
on fulfilling the requirements of the permitting process. Pearce said he would accept the
amendment. Sessions asked if the date was clear, yes was the answer. Vote was 5,
Wolff, Sessions, Buelterman, Crone and Pearce, and 1, Youmans, opposed.
There being no further business, Mayor Parker adjourned the meeting.
Diane Sikes
Clerk of Council
Walter W. Parker
Mayor
Of 11
1
STATE OF GEORGIA
COUNTY OF CHATHAM ).
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized to
administer oaths, =4 /*( 4' ff e -- , who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Tybee Island City Council held on the
day of ro y , 2004.
(2) That it is my understanding that O.C.G.A. ' 50- 14 -4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a) of
this Code section, the chairperson or other person presiding over such meeting shall
execute and file with the official minutes of the meeting a notarized affidavit stating
under oath that the subject matter of the meeting or the closed portion thereof was
devoted to matters within the exceptions provided by law and identifying the specific
relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on the
of KleN .4) , 2004, which was closed for the purpose(s) of
PA e41141
i F ts, T ,O- 4do,m,2-14- s allowed by O.C.G.A., Title 50, Chapter. 14, was devoted to
matters within those exceptions and as provided by law.
(4) Any unrelated matters which were mentioned or attempted to be offered for discussion
during the closed portion of the meeting were ruled out of order and not discussed.
(5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A.
1
' 50- 14 -4(b) that such an affidavit be executed.
This LI day of , 2004.
i
j/Mayor/Presiding Officer
Sworn to and subscribed
before me this /3 4 day
of yn , 2004.
Notary Public
g: \common \emh \14536\effday.01
DIANE J. SIKES
Notary Public, Chatham County, GA
My Commission Expires Juty B, 2007
1
1
RESOLUTION
Whereas, the State of Georgia requires that Regional Water plans and a
State Water Plan be developed, and
Whereas, the Georgia Regional Development Center's have prepared a
concept paper entitled "Role of Regional Development Centers (RDCs) in
Local, Regional, and Statewide Water Planning" and
Whereas, the Chairman of the State Planning and Community Affairs
Committee of the Georgia House of Representatives, used this concept to
develop draft water legislation, which has been introduced and is now
known as "HB 1836 — Regional development centers; statewide water
management plan; provisions "; and
Whereas, this legislation provides for the state's regional development
centers to fulfill their traditional roles of regional and local planning and
ensuring that local governments, and other private and public interests
within their respective regions have an inclusive role in the formation of any
planning efforts affecting local and regional resources; and
Whereas, the regional development centers; are owned and operated by the
local governments of the state, are the state's official planning entities, are
intimately familiar with the water resource issues within their region, and
can ensure local representation and input in the planning process; and
Whereas, this legislation underscores the importance of having federal, state
and local representatives involved in the development of a framework and
content of a state plan by ensuring local, regional, and state cooperation in
the entire process while the state retains the responsibility, with local and
regional input, to develop the standards of the state plan, and ensures a
continuing dialogue and communication between the various levels of
government and public and private stakeholders so that as circumstances and
1
1
1
needs warrant, the need for appropriate changes can be more easily
identified and addressed; and
Whereas, this legislation proposes that a Regional Water Resource
Advisory Board be established to represent stakeholder interests including
public and private organizations, environmental, agricultural, municipal and
industrial interests and water authority organizations, along with others
appointed in each region of the state; and
Whereas, we believe that working in cooperation with the Georgia Water
Resources Council (GWRC), regional development centers are the
appropriate government agencies to develop regional water management
plans incorporation local and regional needs that can and should be
integrated into a comprehensive state -wide management plan.
Now therefore, be it resolved, the Mayor and City Council of the City of
Tybee Island, Georgia hereby support and endorse HB 1836; and
Be it further resolved, that the Mayor and City Council of the City of
Tybee Island, Georgia also encourage its' citizens and public and private
organizations to endorse and support HB 1836.
Adopted this 13th day of May, 2004.
Attest:
alter W. Parker, Mayor
Diane J. Sikes, Cler f Council