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HomeMy Public PortalAbout20090723CCMeeting1 1 1 20090723 Citv Council Minutes Mayor Pro Tem Wanda Doyle called the Consent Agenda meeting to order at 6:30pm on Thursday, July 23, 2009. Council Members present were Charlie Brewer, Barry Brown and Dick Smith. Mayor Jason Buelterman and Councilman Paul Wolff were absent due to being out of town. Councilman Eddie Crone was absent due to illness. Also present were City Attorney Bubba Hughes, City Manager Diane Schleicher and Interim Community Development Head Dianne Otto. Mayor pro tem Doyle listed the following items on the Consent Agenda: • City Council Minutes for 06/25/09 • City Council Minutes for 07/09/09 • Special Event Application: Taste of Tybee- Savannah Area Chamber of Commerce August 20th 5:30pm — 7:30pm) - Walter Parker Pier and Pavilion. Applicant requesting the 14th Street parking lot is open for event attendees as has been done in the past. • One Day Alcohol License Application: Beer, Wine, Liquor per event for the "Taste of Tybee" at the Walter Parker Pier and Pavilion- August 20, 2009 Savannah Chamber of Commerce. • Fort Screven Water Improvements- Change Order #2- 40 hrs of exploratory work @ $250/hr= $10,000 Wilson Avenue 6" GAB 194 SY @ $12.50/SY= $2,425.00 for a total of $12,425.00 Budget Line Item # 505- 4410 -54 -2100 • WWTP and Lift Station #6 Improvements: Change Order #2 - $14,124.00 Budget Adjustment: Deduct $14,124 from Water /Sewer Contingency 505- 9000 -61 -1000 and add $14,124 to Waste Water Treatment Plant 505- 4310 -54 -1407 to fund this change order • Ante Litem notice from Rapoport Denied A Motion by Councilman Smith to go into Executive Session and discuss Litigation was seconded by Councilman Brown. The vote was unanimous. A Motion by Councilman Smith to end Executive Session was seconded by Councilman Brown. The vote was unanimous. Mayor pro tem Doyle adjourned the Consent Agenda Mayor pro tem Doyle called the regular meeting of the City Council to order at 7:05pm. Those present at the Consent Agenda were also in attendance for the regular meeting. Reverend Andy Lamon gave the invocation and everyone recited the Pledge of Allegiance to the Flag. Prepared 7/31/09dw Page 1 of 10 1 1 1 Mayor's Announcements Mayor Pro Tem Doyle announced both Mayor Buelterman and Councilman Wolff were out of town. Councilman Crone is still ill and asked everyone to keep him in our thoughts and prayers. Jack Youmans is ill and she asked that we remember him as well. Doyle announced the Better Hometown Community Vision Workshop on July 27th 5:00 -6:00. She also announced the Community Emergency Response Team Workshop at Trinity United Methodist Church on Wednesday, August 12th 6:30- 9:OOpm. It is a 20hr program running in succession every Wednesday. Participation the last time was not very good; it is more than just about hurricane evacuation, how all ages can assist and help in your own community. Mayor Pro Tem encouraged everyone to participate. Councilman Brewer announced Leadership Tybee steering committee has been working very hard the last few months getting the program structured and grant funded and they are ready to implement. The City website has the Leadership Tybee 12 month course information and allows the nomination of participants and also gives scholarship information. The first course is limited to 12 attendants. Committee and Board Reports Bill Blakey, Chairman presented the Audit Committee report and listed Alfie Waite as Vice — Chairman. Gavin Murphy, Secretary; Sally McCullough and Steven Bryan are all new members. In February members rotating off were John Mayors, Frieda Rutherford, Sue Off and Jim Anderson. He thanked them for their service to the city. Dick Smith confirmed with Mr. Blakely that the Reznick auditors had said we would receive the Year End June 3Oth, 2009 audit by the end of August. Mr. Blakely stated that is what he has been told. Councilman Brewer asked Mr. Blakey if you look at the Campground as an Enterprise Fund and you look at each month and either you have made money plus or you are at a negative, are you making money or losing. How do you judge that as a professional auditor? Mr. Blakely answered, from operations; operations consist of revenues -what they bill customers out there, less expense they incur. Interest is one of those expenses. Typically you don't view interest as part of operations that is a function of how the campground was financed. Purely from operations they had revenues of so much and expenses of so much, and made $112,000 but after paying the interest on the debt they were left with a loss of $69,000. That is their loss for that time period. The debt payments have nothing to do with talking about their operations or loss. But that is cash flow, what the city lives on, money that has to go out. The campground cash flow, between interest and principle, is roughly $600,000 a year. Brewer stated he calls this a loss, it's not a gain. Blakey responded it is not a gain. Prepared 7/31/09dw Page 2 of 10 1 1 Public Hearing ➢ Site Plan Approval — Petitioner: Lazaretto Development, LLC / Addition of boat hoist, dockage. Request for Fuel Tank removed from application. Address: 4 Old Hwy 80 PIN 4- 0024 -01 -005 Zone: M -D Councilman Brown recused himself. Mr. Hughes explained Mr. Brown was uncomfortable and felt he lacked objectivity due to prior dealings with the petitioner's representative. Mr. Hughes said this is a disqualification and not an abstention. Mr. Hughes also explained the city charter dictates the quorum for voting at 3 and the council is at the minimum now. Diane Otto explained the request was heard by planning commission on Tuesday, July 21st and was tabled by a vote of 4 to 2. It was pointed out the fuel tank has been removed from the application. Considered tonight are only the boat hoist and the dockage. Mr. Smith asked Ms. Otto what is required in the calculations of the linear feet of dock space. Ms. Otto replied the total required is 53. The plans before you show far more parking than that but some of it is in a buffer and will probably need to come out at this time. But even with all that parking removed there still will be sufficient parking to meet the new requirements. Smith confirmed with Ms. Otto that was the old as well as the new dockage and she said yes. Councilman Brewer stated he had not received the notes from the planning commission meeting on July 21st for this where they made a motion to continue. Ms. Otto replied she provided the notice of determination and the vote but the minutes were not prepared. Mayor Pro Tem Doyle reviewed the items on the staff report on the petition with Ms. Otto. Ms. Otto replied the report is based on issues in the original application of July 13th, but the issues had been addressed and amended by the petitioner on the plans staff received on July 21st and she placed in council's seats this evening. Doyle replied since they had just received them tonight and had not had time to review she wanted to go over the issues. She asked about the fuel tank and Ms. Otto replied if the petitioner wants to install a fuel tank he will come back at a later date with a site plan for that project. The buildings showing as retail on the plan have been amended to storage areas on the new plan. Attorney Phillip McCorkle, speaking for Paul Burns, principle of the Lazaretto Development. He thanked the staff for all the hard work the last several weeks. He stated the developer got a permit from the DNR on April 26th to build a boat hoist and the docks, and even locate the fuel tank. He thought with this and the building permit he would be ready to build. He got the barge down there and applied for the permit on May 28th, which Gregory Anderson approved as far as design, and concept and all that on June 1st. He then finds out he has to have a site development plan. Mr. Burns got advice from legal counsel, that if it is in the water that is DNR jurisdiction so go ahead. The city then put a stop work order on him. He then decided, rather than a big fight, he would go ahead and get the site development plan. That was filed on June 28th. It needed work and he has worked diligently with staff, Mr. Davis, Mr. Hughes, etc to Prepared 7/31/09dw Page 3 of 10 1 1 modify plans to address issues that were being raised. We think we have an excellent plan that requires no variances what so ever, as staff indicated in their report and quoting from your code, the site plan process is intended to provide the general public, planning commission, mayor & council with information pertinent to how a new development will affect the surrounding area and the city as a whole. Where no variance is necessary, on the intended project or development, there is no evaluation process or set of regulations other than what is required to be shown on the site plan and listed on the application. Where no variance is requested, site plans are intended to be used as a tool for public information. He stated they have worked on the plan very hard, no variances are needed there are plenty of parking spaces available and we believe we are entitled to approval. If we don't get approval we feel our constitutional rights of due process, equal protection, even our civil rights have been violated. We are confident that will not happen. But he wanted to point out we very much need this approval tonight. We have no variance request and are here to provide information and answer questions. Again he expressed appreciation for staff working so diligently and would appreciate a positive vote tonight. Mr. Smith asked if the review engineer could address if a land disturbing permit is needed. Mr. Davis responded that the current plan requires only 53 parking spaces but the plans show 72. As far as he can find no agency regulates overflow parking in excess of the required. It has been determined there are exactly 53 spaces fitting on the existing stone surface. If the plans approved tonight only show those spaces designated on that existing surface it would not require any land disturbing activity. If they pursue the full 72 spaces, that is where his concerns are. Mr. Hughes clarified if they had to use any of the unprepared land for designated parking and had to bring in dirt or rock to do that, they would need a land disturbing permit. Mr. Davis answered yes. He had conversation with Mr. McCorkle, Mr. Burns and their engineer and knows they disagree. He then contacted the state and received interpretation back that if they go beyond the 53 designated spaces they would need to do land improvements which would necessitate land disturbance activity. Mr. Hughes stated since this response did not get here until 5:OOpm today I don't think Mr. McCorkle would have a copy of this and we need to share that with him and have a copy for the record. Again, to clarify if they designated 53 spaces on existing prepared surfaces on these plans than they will not need that permit. Mr. Davis responded yes. Mr. Davis said he was surprised to see the correspondence from Mr. McCorkle because they met with Ms. Otto and had already reviewed and determined only the 53 spaces available would satisfy the purposes on the plans being considered by council tonight. Mr. Hughes asked for confirmation that his concern is for the identification of the parking spaces that aren't currently being required. Mr. Davis responded his concern is with 72 spaces being shown and if we permit that, then 72 spaces are being permitted with no further improvements being required. If the 53 spaces already looked at are delineated and entered into the record as spaces that are being recognized as permitted parking. Then the additional will be considered as overflow or additional spaces, they are not required, there is not a demand being put on them. When he comes back for additional requirements to increase the parking requirements it is his (Mr. Davis's) understanding, that required parking indicates certain trafficking that requires stabilization of the surfaces. Mr. Hughes asked if Mr. Davis could identify the spaces. Mr. Davis identified spaces not being permitted tonight would be spaces 1 thru 16, 71, 72 & 62. Prepared 7/31/09dw Page 4 of 10 1 1 1 He also stated he did not think it was going to be a major permitting task for those additional spaces to be improved and brought up to standards designed properly and improved in the future. Mr. Smith then commented to Mr. McCorkle he is in agreement Tybee is in great need for a boat hoist however his concern is with where everyone is going to park all the trailers, etc after the boats are put in the water. He commented where is the city going to put them because when they start trying to park along Hwy 80 this becomes a public health and safety issue for the city. Mr. Smith also asked how the boats are being put in the water, backed in or lifted with straps and a forklift into the water. Mr. Burns replied either way. They will control how and what happens with this. Mr. Burns asked council to please recognize that in the buffer to Hwy 80 there has always been boat trailers parked there, shrimp boat parking, etc parked there. It has been allowed, why not now? Mr. Smith confirmed how the hoist would be accessed and expressed concern of the public's welfare & safety with all the parking issues and congestion. Mr. Burns stated he controls what happens on his property. You can only put so much on there after that it doesn't work so he would have to tell customers to come back tomorrow. They can put the boat in but the trailer would have to be taken home. Mr. Burns also stated they could also park it at the public ramp across the bridge. Mr. McCorkle stated they are aware this will be an ongoing struggle, but they are just trying to provide a boat hoist for people to put their boats in and Mr. Burns will have to take care of them. Mr. Smith stated he doesn't want this to become traffic or parking problems on Hwy 80 and create safety issues for the city or enforcement problems. Mr. Burns stated even the ability to put 15 boats in the water is more then what we have today. We need to have the ability to operate. As Tybee has designated this as a Maritime District, we need to be a marina. This is our only shot. We need to be a marina. We need to have fuel, a boat hoist and be responsible for people who come to Chatham County and want to use those waters. In case of emergency we can help out the MRS. They can use our hoist. They do not have one now. They have to go over the bridge to public ramp or Chimney Creek and what if it is low tide. They can't get in. This would help them. Mr. Smith stated his continued concerns about the vehicles after they leave Mr. Burns property. Mr. McCorkle commented he reserved his right to continue to disagree with Mr. Davis over the land disturbing permit for the additional 19 spaces. If he has to get one he can but it is the time factor, right now he is just trying to get permission for the 53 spaces and the boat hoist and the floating docks. Later if he needs to get a permit, if Mr. Davis is correct, then they will get one, same as the fuel tanks. Other permits are going to be needed for them, so to expedite the approval now, they had them removed from the plan and would go through that process at a later date. We do not need the additional spaces now, we were being over abundant with the parking, if we remove what Mr. Davis designated as extra room along the side as for the trailers, etc, the property will be used at its maximum, but at some point or another Mr. Burns will have to say, "I have taken all I can take ". Councilman Brewer stated he has the same concerns Mr. Smith has. The drawing looks good but not practical. He supports the need of a boat hoist but the safety of pedestrians in the area is a greater concern, also the increased traffic and dangers at the foot of the bridge. He also expressed. concern over the time frame to do due diligence and consideration and the speed of the process. Mr. Hughes recommended following the directive of the ordinances when Prepared 7/31/09dw Page 5 of 10 1 1 considering the application. It has been put together a little fast. Everyone has worked very hard in putting together the information. The planning commission tabled it but it is council's call if they feel comfortable with it tonight. The public hearing had to be held as it had been advertised. Mr. McCorkle responded to Mr. Brewer's comment that the ordinances have been met, no variances are needed, and they have met all the codes. Mr. Brewer asked what the maximum size boat that will be allowed on the hoist is. Mr. McCorkle answered 30 feet. Mr. Brewer asked if the plans were designed for a 30 foot boat. Mr. McCorkle answered yes. The hoist is for 30 foot boats. Mr. Brewer asked about the drive isle and turning radius. Mr. McCorkle answered the drive isle is 24 feet as the code requires. He did not know the information on the turning radius. Mr. Burns stated he is willing to work with any changes the council asked but requested the council work with him, just let the workers get back to work and get the hoist done. Thirty foot boats normally are kept in the water the normal would be smaller boats. We need to give boaters greater access for bait, tackle, fuel, etc. This would be great for tourists, and our economy as a whole. Zack Bowen, boat owner, spoke in favor of the petition due to lack of dockage space and asked for council to approve. William Johnson, Johnson Marine Construction Company, contractor on the Lazaretto Creek project spoke for the petition and asked council to approve tonight. He has eight employees. He is local and supports the area. Economy is bad. He asked council to please approve petition and allow workers to get back to work, get project completed and allow them to support their families and his business to survive in these times. Larry Klein, boat owner, spoke in favor of petition due to dock parking shortage and improving the boating facilities and increasing tourist dollars to help the economy. Leo Hasser, boat owner, spoke in favor of petition. Safety issues exist now because of not enough of spaces for boats at the dock. He also pointed out issues with Crab Shacks boat hoist in comparison to what Mr. Burns is proposing. He also asked council to consider how many families are depending on this being approved. Barbara Nasser, also spoke in favor. Mr. Burns has met all codes, etc. The need is there. Other issues can be worked out and asked for council's approval tonight. Tom Groover spoke in favor of petition. He owns one of the restaurants at the marina. He shares his parking for overflow with other businesses and events around. Everyone has parking issues we all have to work together. Please approve the petition parking is not enough reason to stop the boat hoist. Tybee needs this. North Island Surf & Kayak representative, Shawn, spoke on the safety issues in the creek now because of dock shortage. There is too much congestion in the water not enough dock for amount of water traffic. Please approve to reduce this safety issue. Edwin Longwater spoke against this petition. He agrees Tybee needs a boat hoist but this is the wrong place. Parking is too congested. Turning trailers in & out at Hwy 80 will create traffic safety issues. No run off area to stop pollutants coming from equipment. Protect the community's at large rights and not increase the pollutants going into our waters. Prepared 7/31/09dw Page 6 of 10 1 1 1 Megan Edgerly spoke for the petition. Believes Mr. Burns will turn away parkers when lot is full. There are already other areas of safety on Hwy 80. Tybee needs a hoist. This is the greatest thing that could be done for Tybee, especially for emergency purposes. Mayor Pro Tem Doyle closed the public hearing. Attorney Hughes entered into the record a letter from Mr. McCorkle hand delivered today. Also, an email provided by Mr. Davis, from Adam Vick. Ms. Otto told council, if approval is considered, to bear in mind, this plan does not include all items staff has since spoken with the applicant about and some perhaps due to the manner it came in. For example the handicap accessible has been delineated as required. We have not had a full set of plan showing all the little details that have already been addressed. We don't have a set of plans that have been stamped and approved by the city engineer either. Staff has not done a full review. We will need a full set of plans submitted. Doyle asked Mr. Hughes if a motion could be made to remove the stop work order and he could continue work on the hoist until staff has had time to sit down with them and discuss the issues Ms. Otto referred to. He replied, the stop work order was issued because there was not a permit. A permit could not be issued because there was not a site plan. What Ms. Otto is referring to he does not see a problem if work is allowed to proceed while details are worked out as long as the parking is clearly designated as required. All the work is water based. The parking for the vehicles is the most critical factor you are going to be addressing. If the 53 required spaces that are permissible without a land disturbing permit are designated, then what you are suggesting is doable. Mr. Smith asked Mr. McCorkle and Mr. Burns if they would be willing to accept with the 53 spaces designated and the others not as designated parking. Mr. McCorkle answered yes they would be agreeable. The other details Ms. Otto spoke of would be worked out in the next 10 days, but it would give the dock builders a chance to get finished up. To do anything else they will have to come back. Mr. McCorkle stated they understood. Mr. Hughes confirmed with Ms. Otto the items on the site plan to be worked out. Mr. McCorkle stated he is aware of the drain field protection and they would be complying with that also. A Motion by Councilman Smith to approve the Site Plan for extension of the docks with 53 parking spaces to be delineated by and in conjunction with Downer Davis and the Petitioner's Engineer and all requirements that Ms. Otto has discussed be included in plans and they be stamped and sealed by the Petitioner's Engineer and approved by Downer Davis, was seconded by Mayor pro tem Doyle. The vote was Smith and Doyle in favor and Brewer opposed. Mr. Hughes stated even though Mayor Pro Tem Doyle is running the meeting in the absence of the Mayor, she does not lose her status as a councilmember. Seconding the motion and voting is appropriate. Prepared 7/31/09dw Page 7 of 10 1 1 1 Mr. Brewer asked for the 53 parking spaces to be identified again. Mr. Davis restated the 19 spaces not being included in the approved parking is #'s 1 -16, 71, 72 and 62. Mr. Brewer stated he is concerned with the space for turning radius and maneuvering for boats and Trailers. Mayor Pro Tem called for a break and reconvened the meeting shortly thereafter. Consideration of Approval of the Consent Agenda A Motion by Councilman Brown to approve the Consent Agenda was seconded by Councilman Brewer. The vote was unanimous. Consideration Local Requests & Applications- Funding, Special Events, Alcohol License D Special Event Application: 13th Annual Tybee Island Festival of the Arts - TAA(revised submission): Sat October 17(10am -8pm); Sun. October 18(10am- 6pm); South Beach parking lot (Tybrisa — 17th St.) Applicant is requesting the following from the city: • DPW fees be waived ($330), • Waive event application fees ($100) and any other city fees or charges associated with the production of this event. • Special Parking request: Closure of parking lot from Tybrisa to 17th St. where the large tent will be from the close of Pirate Fest until time of this event; closure of additional spaces between tent and 17th St. from 10/16 at 7am until 10/20 at 2pm at the latest; permission for RV to be parked by the TIMSC for duration of the event. Mr. Brewer asked is there any other exposure or cost to the city for this event. City Manager answered there is always a chance cost could go up and as far as exposure, there is parking, because the event will take up parking spaces. This is the fall and weather can be a determining factor. This is the 16th street lot so the trade off of what may be lost in parking is the event bringing in more people that may not have otherwise come to that area. Richard Adams spoke to council and stated parking under the tent would be available between the two events. Ms. Otto commented under regulations parking is not allowed under the tent due to combustion possibility. Discussion followed on using space under the tent for other things for that week between events. A Motion by Councilman Brewer to approve contingent on Approval of the Specifications on the Tent, was seconded by Councilman Smith. The vote was unanimous. City Manager's Report - Diane Schleicher Prepared 7/3 1/09dw Page 8 of 10 1 1 > Confirmation of Jonathan H. Lynn as Planning and Zoning Manager A Motion by Councilman Smith to approve was seconded by Councilman Brewer. The vote was unanimous. Council, Officials and City Attorney Considerations & Comments Wanda Doyle 1. Parking Concerns were postponed until 2nd meeting in August. Charlie Brewer 1. Requested City Manager to provide monthly campground financial reports showing projected revenue and expenses verses actual revenue and expenses. To be provided to council by the 20th of the month to be discussed at every 2nd council meeting monthly. This will give more accountability and operating the Enterprise Fund as a business. The monthly reports will give council a better view of the bottom line each month. Reports should show break down of every revenue area, such as site rentals, cabin rentals, store activity, trolley tours, etc. Are all areas of the campground operating profitable and what is not? The city manager can then do what adjustments need to be done. Mayor Pro Tem asked who has this information and who will be composing this information. The city manager answered this would be a collaborated effort between, the campground manager, the finance director and herself. She will take a leadership role as she reports to the council. Discussion followed on timing of reports. Mr. Brewer shared with council a report he received on the last twelve months of the campground as far as cash flow. Keep looking at the bottom line on figures. Mr. Smith asked if we have ever approached the bond holder to renegotiate interest rate. Ms. Kline answered we don't have a bad rate at 4.85%. Smith stated it is the highest rate we pay in the city. Doyle asked Mr. Hughes if the interest rate was locked in in the contract. Yes, but there is always a way to redeem a bond with a new bond but the market is not very good right now. Mr. Brewer asked for the debt service expense to be taken out of the total expenses each month and put on a separate line. This is an amount that cannot be controlled by Mr. Hemphill or the city manager. This will clarify what the actual controllable operating expenses are. Ms. Kline answered she will do that. Doyle asked the city manager for an update on the possibility of changing enterprise fund to the general fund. Schleicher answered she had tried to reach Sabrina Cape but had not reached her. Previous discussions had indicated it was really up to the council. Smith commented on the effects of putting it in the general fund. Schleicher suggested bringing a format to council showing both ways and let them decide. Brewer commented his concern on being able to Prepared 7/31/09dw Page 9 of 10 1 1 clearly follow the accounting of it. The campground is a seasonal economy and changes like seasonal staffing, etc may need to be looked at. Doyle recommended Mr. Brewer sit down with the City Manager and the campground manager and review the day to day operations and the staff scheduling seasonal and non - seasonal so he can see what happens on a daily basis. Mr. Brewer said he doesn't disagree. What about a board of directors for the camp like we have for the better hometown program. Bubba Hughes 1. Hand Escrow Agreement- Postponed 2. American Towers Lease - Postponed to August 13th Mr. Smith announced Tybee will be featured on the Today Show tomorrow as nation's healthiest beach. Executive Session A Motion by Councilman Smith to go into Executive Session to discuss Litigation and Personnel was seconded by Councilman Brewer. The vote was unanimous. A Motion by Mayor pro tem Doyle to end Executive Session was seconded by Councilman Smith. The vote was unanimous. Adjournment A Motion by Councilman Smith to adjourn was seconded by Mayor pro tem Doyle. The vote was unanimous. Vivian Woods, Clerk of Council Prepared 7/31/09dw Page 10 of 10 Wanda Doyle, Mayo ro Tem 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, being duly sworn, deposes, and on oath states the following: , who after (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the day of to , 2009. (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 ,..,. i„ A , 2009, which was closed for the purpose(s) of ,'0irlvl'ej 4- t o as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 1 1 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. 4 This day of , 2009. Sworn to and subscribed before day of , 2009 Mayor/Presiding Officer VIVIAN WOODS Notary Public. Chatham Cc.. ^:.. GA My Commission Expires May 1_. 2013- 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, L . gay JDci( , 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 GAO day of ■, 2009. (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 06 of , 2009, which was closed for the purpose(s) of as ® 0 eik q as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 1 1 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. J This a day of , 2009. Notary Mayor/Presiding Officer Sworn to and subs 'bed before Me day of , 2009 VIVIAN WOODS ry ubiic. Chatham County. GA My Commission Expires May 14. 2013 Dianne Otto t rom: davisenginc @bellsouth.net nt: Thursday, July 23, 2009 5:12 PM : Vick, Alice : Hughes, Bubba; Allen, Brannyn; Dianne Otto; Diane Schleicher ubject: permanent parking On behalf of Tybee, thank you for your very detailed and prompt response to our request for clarification. As I anticipated from the State, your clarification was more organized and concise than mine. Downer 912 695 -7262 Forwarded Message: From: "Alice Vick" <Alice.Vick @dnr.state.ga.us> To: <davisenginc@a,bellsouth.net> Subject: permanent parking Date: Thu, 23 Jul 2009 20:41:16 +0000 Downer, I agree with your interpretation. OCGA12 -7 -17 states: (8) Any project involving less than one acre of disturbed area provided, however, that this exemption shall not apply to any land- disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves less than one acre, which involves land- disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is a local issuing authority from regulating any such project which is not specifically exempted by paragraph (1), (2), (3), (4), (5), (6), (7), (9), or (10) of this Code section; Furthermore 12 -7 -3 defines: (9) "Land- disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12 -7 -17. Therefore the NPDES for construction permit is required for this project. OCGA 12 -7 -6 states: (a)(1) Best management practices as set forth in subsection (b) of this Code 1 section shall be required for all land- disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of Code Section 12 -5 -30. As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in subsection (b) of this Code section. The Manual for Erosion and Sediment Control states: Permanent Roads and Parking Areas Permanent roads and parking areas shall be designed and constructed according to criteria established by the Georgia Department of Transportation or local authority. Permanent roads and parking areas shall be stabilized in accordance with this specification, applying an initial base course of gravel immediately following grading. At this time, I have not been able to run down the DOT's design specs, but I have placed a call and requested those be sent to me. I will forward you a copy. If a project is designed so that erosion results from it's use, that would be considered improper design and would be a violation of the Act. It would also negate the "bmp defense" and leave the individual open to third party lawsuits. Also, if this is an upland component of a dock, and it is was not part of the original permit request, a modification to the dock permit may be required. Contact Karl Burgess at Costal Resource Division at 912 -264 -7218 for more information. If you have further question please feel free to contact me. Regards, Alice Vick Program Manager GA Environmental Protection Division Coastal District - Brunswick 400 Commerce Center Drive Brunswick, Georgia 31523 -8251 Office: (912) 264 -7284 Fax: (912) 262 -3160 alice vick@dnr.state.ga.us 1 1 1 PHILLIP R. McCORKLE DAVID H. JOHNSON K. PAUL JOHNSON MATHEW M. McCOY (GA & SC) ROBERT L. McCORKLE, III (GA & SC) JONATHAN V. DUNN THOMAS M. GORE(GA & SC) COLBY E. LONGLEY McCORKLE & JOHNSON, LLP Attorneys and Counselors at Law 319 Tattnall Street Savannah, Georgia 31401 July 23, 2009 HAND - DELIVERY Edward M. Hughes, Esq. Callaway, Braun, Riddle & Hughes 301 W. Congress Street Savannah, GA 31401 RE: LAZARETTO CREEK MARINA Dear Bubba: (912) 232 -6000 Fax (912) 232 -7060 E-MAIL FOR PHILLIP R. MCCORKL& prm@mjlaw$rm.ner This letter is intended to make clear the position of the Applicant in the above - captioned matter. Let me say initially that I appreciate the City of Tybee's willingness to expedite this matter and have a public hearing this evening. The Site Plan presented to the Planning Commission on Tuesday night is enclosed herewith. No variances are being requested. Section 5 -080 of your Ordinance states as follows: "Where no variance is necessary for the intended project, or development, there is no evaluation process or set of regulations other than what is required to be shown on the site plan and listed upon the application. Where no variance is requested, site plan requirements are intended as a tool for public information." We are not asking for a variance. Therefore, there is no evaluation process. We are providing information to the public of our intended development of an allowed use. While we may discuss issues outside of the requirements of the Land Development Code such as parking for boat trailers and the like, the Mayor and Aldermen of the City of Tybee are not empowered to deny this Site Plan Application. If the Application is denied, my client's position will be that his constitutional rights to due process and equal protection will have been violated, his property will have been taken in violation of the Constitution, and his civil rights which are protected under 42 U.S.C.A. §1983 will have been violated. Edward M. Hughes, Esq. Callaway, Braun, Riddle & Hughes July 23, 2009 Page 2 I certainly hope that we can put this matter behind us tonight. Sincerely, Phillip R. McCorkle PRMibgl Enclosure M:iDATA\WPDATA\5900\5993 -01 Hughes Letter 07- 23- 09.doc NOTES: I. MS MODEM IS IDCATETI IN ZONE VEa3 SPECIAL FLOOD HAZARD ARRA AS 1312313RNINED EY Rama& EMERGENCY ANAGRAM? AGENCY (AIWA) FLOOD INSURANCE RATE MAP NUMBER 1300030 OHM P..EFECTIVEDATEI SEVEDME11122.2008 BASS PLOOD ELEVATION I7 2. ALL ELEVATIONS BASED ON MEAN SEA LEVEL DATUM (NOVD 20. 3. TDB NORTZONTAL DETENTE BASED ON GRID NORTFL GEORGIA EAST ZONA NADB3. 4. INMAN= 13 EY WIDE. S. STOP NON WILLER INSTALLED AT OLD MEE ROAD, AS MEC= BETTIE CDT OP WWI. 6. ALL BUJ/DINGS ARE U3SWIltAN 3E IN =GET. T. NO PAVING, GRADING OR RESURFACING. EDSON° SURFACE97111.11E USED FOR PARKINS. S. AIL PARKING SPACES WEIL ;MERIDIEM STOPS. uTt " ,.0,2,-0■- SNPue r". 24•221 11111111113Q■ -C36's PiN'T ins 4 4 4 SITE DATA, 'TOTAL UPLAND ARRA, 466092SP TOTAL BULUNNOIMEAT 433ESP .3.3%3 RESTAURAIITI IDS SF RETAILt 2334 SP %) RESIDENTIAL 441 3310224%) • TIRE ELANTING TAMA 2222.112 I tOTTO424220 n.A.Tu %MO ORAPIIIC SCALE UTILITIES EROTECT1021 MINER 112il IMMO MS Male TOO 210 11200.211222220 2-220-222,224 1 ...01.11.4=2,21 122 OM Magill FM. a 2 242.111 41240 11-11-0 wo