HomeMy Public PortalAbout19920910CCMeeting1
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Tybee Island, Georgia
September 10, 1992
The Tybee Island City Council held its regularly monthly
meeting on Thursday, September 10, 1992, at 7:30 P.M. with Mayor
Walter W. Parker presiding. Members of council present were
Christopher P. Solomon, James P. Locklear, Jack Youmans, Ansley
Williams, Burke Day and Jimmy Brown. City Attorney Thomas Mahoney
was present.
Mayor Parker asked Mr. Carl Thompson to give the invocation
after which the Mayor led the reciting of the Pledge of Allegiance.
Ms. Kay Strickland Toomer read a letter to council about how
upset she is with Mr. Tom Burns remarks. She stated that Mr. Burns
never praises anything or anybody. She said that we have a fine
quality government. Councilman Day said he shares Ms. Toomer's
concern about rebuilding 16th Street. Mr. Burns is not an elected
official. When an official receives a letter he has to do what is
right. Ms. Toomer said Councilman Day fine man and fine elected
official.
Ms. Kathy Williams commends all who have worked in the past
several years in the clean up effort. Council has a moral
obligation to pass and enforce ordinances to clean up the island.
She asked that council consider citizen input before voting
tonight. Mr. Michael Brunsed handed out copies of a letter that he
received from the City Marshal concerning a lot he use to own on
Campbell Avenue. Mr. Brunsed stated he is in favor of some parts of
the ordinance but thinks it will be a witch hunt ordinance. Who is
to determine what is a derelict vehicle, boat or trailer?
Councilman Williams read the definition of derelict boats. Mr.
Brunsed asked if you pay taxes on a boat then it would not be
considered derelict? Councilman Williams said that is correct.
Councilman Solomon asked what appellant right does a citizen have
when he has a complaint about a definition - does he have an
appeal? City Attorney Mahoney said that the citizen may come before
council or file a suit in Federal Court as unconstitutional. Mr.
Butch Ferree said that he is the person who brought your former lot
to the attention of the City Marshal. The lot has not been mowed
all summer. It is used as a boat lot. This area is zoned
residential. Mr. Ferree believes that this ordinance has some teeth
and can be enforced.
Bert Barrett, Jr. said he had read that the Mayor and Council
were going to pass a resolution in support of changing the Georgia
State Flag. Mr Barrett said that he believes that the council
should get more input form the citizens before voting on a
resolution.
Mr. Gene Glisson, owner of the Tybee Amusement Park on 16th
Street, stated that a lot of letters are going around talking about
all the problems on 16th Street. He stated that we do have a drug
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Tybee Island, Georgia
September 10, 1992
Page Two
problem on 16th Street, but not any worse that any other city. He
believes he is not getting the proper support from the police, they
drive by going about 30 or 35 MPH, so they can't really see if
there is a problem. None of the officers wave to citizens the way
they do in other cities. The walking patrol was great this weekend,
he loved them. Drunkenness and misbehavior is on 16th Street and I
hate it. He stated that he polices his park. Mr. Glisson said that
Tom Burns is a good man, but opinionated, pushy Yankee, trying his
best to do what is best for 16th Street, but we need to help him,
steer him in the right direction. He stated that the police are
working their tails off. This is a great island, best Mayor we have
ever had, crazy about most of the councilmen, but the problems need
to be addressed. Councilman Williams agreed whole heatedly with Mr.
Glisson and would like to see Mr. Glisson run for council.
Mr. Ed Perrim questioned council about the $80,000.00
outstanding water /sewer bill from the Savannah Beach and Racquet
Club. What has been done and what is council planning to do about
the bill? Is it a matter for mediation? Mayor Parker said that it
was in the hands of the city attorney. Attorney Mahoney said it
would be improper to give any advise in public at this time,
because of litigation. The City will collect.
Mayor Parker opened the meeting for business legally presented
to council. Hearing no objections the minutes were approved as
read.
Bills for the month of August were approved in the following
amounts: for General Government: $16,295.03, Special
Appropriations: $26,295.03, Police: $9,583.63, Parking: $2,069.94,
Recreation: $1,423.18, Lifeguards: $189.96, Fire Department:
$13,305.80 (includes final payment on one of the pumpers); 1st
Responder: $1,004.17, Public Works: $9,820.04, Sanitation:
$24,473.81, Water /Sewer: $19,419.94.
A letter of agreement for the 1993 audit continuing the
services of Sally Hagan, CPA, was read and unanimously approved on
motion of Councilman Locklear, seconded by Councilman Burke.
Councilman Locklear explained the history of the inadequate
financial software package the city is presently using, and the bid
process that the finance committee went through in order to
formulate a recommendation for City Council. The city's auditor,
the City Treasurer and her staff, as well as the computer
facilitator and consultant all contributed to the study leading to
the proposal. Councilman Day suggested a payment schedule
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Tybee Island, Georgia
September 10, 1992
Page Three
beginning in the first quarter
will be negotiated with the
seconded Councilman Locklear's
SDS of financial software not
unanimously approved.
of 1993, without interest, and this
software company, SDS. He then
motion to approve the purchase from
to exceed $25,000. The motion was
Councilman Youmans read a statement concerning the symbolic
meaning of the present state flag, asking for a Resolution from
Council supporting leaving the flag as it is. This was seconded by
Councilman Solomon. Councilman Day recommended that the Resolution
be delayed until January so as to have more punch with the General
Assembly as it comes into session. Councilman Locklear suggested
that our Mayor abstain from voting on the issue when it's
considered by the GMA in September. The Mayor agreed. Councilman
Williams spoke in favor of the change, saying that the present flag
was changed in 1956 in protest against a Supreme Court decision
that has since been accepted nationwide. He said that, although he
is probably in ,a minority, he tends to agree with Governor Miller.
The vote was 5 - 1 in favor of Councilman Youmans' motion, with
Councilman Williams casting the dissenting vote.
Councilman Day brought up the matter of the GIS maps as billed
by Thomas & Hutton, suggesting a 50/50 split of the $2,062 cost
between Water /Sewer and General Government, since the same maps
will be used for the Master Plan. Councilman Locklear so moved,
and Councilman Day seconded the motion. The vote was unanimous in
favor.
Councilman Locklear requested that Mr. Vince McCusker be
appointed to the Emergency Management Committee and the Mayor and
Council unanimously concurred.
Costs for demolition of the back river fishing pier were
discussed, and Councilman Williams will bring back a further report
at the October meeting. The general consensus of Council was that
the work should proceed without delay, and a budget adjustment can
be made at the next meeting. It was noted that construction of the
new facility by DNR may begin as early as November.
Mayor Parker said that he doesn't want to add to the recent
confusion, but does want to inform Council that he has talked with
the GBI concerning allegations about illegal activities on 16th
Street, and that he thinks the matter is well in hand.
Councilman Williams reported on the status of the recycling
center, informing everyone that there is a price increase of $15
per haul. This seems reasonable to the committee headed by Jack
Burton, and he agrees. He mentioned that he hopes the project can
be expanded and another center added in 1993. A copy of the
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Tybee Island, Georgia
September 10, 1992
Page Four
committee report is attached to, and becomes a part of, these
minutes.
A letter from Steve McCusker was read. He asks that the city
repair a damaged storm drain on Wrenwood Avenue within Seaside
Colony. Mr. Mahoney is researching to determine whether this is
the city's responsibility, or the developers'.
A payment to MPC of $710 for the second phase of the NPDES
stormwater permit application was unanimously approved on motion of
Councilman Locklear, seconded by Councilman Williams. This
represents 1 /6th (6 small municipalities within county) of 1 /3rd
(Chatham County, Savannah, All Other Municipalities) as this will
be a countywide permit.
A letter from William B. Johnson dated August 18, 1992
petitioning for $700 to correct FEMA violations in a structure
permitted and inspected by the city in 1989 was denied as advised
by the City Attorney. The motion to deny was made by Councilman
Youmans and seconded by Councilman Brown. The vote was unanimous.
A letter from Daniel Cushen of Fisher Industrial Service, Inc.
petitioning for damages to a truck on August 28, 1992 was denied on
advice of the City Attorney. Councilman Brown made the motion
which was seconded Councilman Day; there were no dissenting votes.
A Resolution setting tax millage at 9 & 91/100 mils was read
and unanimously adopted, on motion of Councilman Solomon, seconded
by Councilman Brown.
The Second Reading of Code Section 8 -2 -3 Building Permits was
unanimously adopted. The motion was made by Councilman Locklear
and seconded by Councilman Williams. A copy is attached to, and
becomes a part of, these minutes.
The Second Reading of Code Section 10 -1 -4 (Requested by GA DOT
for the purpose of setting speed zones) was tabled for correction
of several errors. Councilman Williams made the motion which was
seconded by Councilman Youmans. Council agreed that Mayor Parker
should sign the corrected ordinance into effect when the errors are
removed.
Code Section 2 -4 -13A Donation of Vacation Time was unanimously
adopted on motion of Councilman Locklear, seconded by Councilman
Youmans. A copy is attached to, and becomes a part of, these
minutes.
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Tybee Island, Georgia
September 10, 1992
Page Five
The property maintenance ordinance, Code Sections 5 -3 -1
through 5 -3 -5 was adopted on Second Reading by a vote of 4 - 3.
The motion to adopt was made by Councilman Locklear and seconded by
Councilman Day. During discussion Councilman Youmans said the sign
ordinance isn't being enforced, and he sees no need to pass new
ordinances when we aren't enforcing the old ones. Mayor Parker
read a letter from the Tybee Island Beautification Committee
favoring the ordinance. Voting in favor were Councilmen Locklear,
Day and Williams. Those opposing were Councilmen Youmans, Solomon
and Brown. Mayor Parker voted in favor, and the ordinance was
adopted. A copy is attached to, and becomes a part of, these
minutes.
An ordinance concerning nepotism was considered. Councilman
Brown said the community is too small for this, and Councilman
Youmans made the motion to turn down the proposed ordinance, with
a second by Councilman Brown. The vote was unanimous in favor of
the motion and the code section was not adopted.
Code Section 4 -2 -1, dealing with appointment of officers in
the Fire Department, was read twice and adopted. A copy is
attached to, and becomes a part of, these minutes. Motion to adopt
was made by Councilman Locklear and seconded by Councilman Solomon.
Votes on First & Second Reading were unanimous. Councilman Brown,
Fire Chief, appointed Hank Buckley as head of the First Responder
and the appointment was unanimously confirmed by the City Council.
Code Section 5 -3 -6, a penalty clause for the property
maintenance ordinance was read. Motion to adopt was made by
Councilman Locklear, seconded by Councilman Brown. Councilman
Solomon offered an amendment: "not to exceed $100 ". The amendment
was seconded by Councilman Youmans. Vote on the amendment was
tied, with Councilmen Brown, Solomon and Youmans in favor and
Councilmen Williams, Day and Locklear opposed. Mayor Parker broke
the tie with a negative vote and the amendment failed. On the
motion the vote was: opposed - Councilmen Brown, Solomon, Youmans;
for - Councilmen Day, Locklear and Williams. Mayor Parker voted in
favor the code section passed on First Reading.
The meeting was adjourned.
MAYOR
CLERK OF COUNC
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Name and Addl.= of Purchaser/Licensee:
City of Tybee Island, GA
SPECIALIZED DATA SYSTEMS
3011 S. Memorial Drive, Greenville, NC 27834
PHONE (919) 756 -8190
SALES CONTRACT AND LICENSE AGREEMENT
co 9034
Date: 9/15/92
Placed by
QUANTITY DESCRIPr1ON AMOUNT
1 Budgetary Accounting 1890.00
1 Accounts Payable 1620.00
1 Check Recon 1080.00
1 Payroll /Personnel 1890.00
1 Budget Preparation 1350.00
1 Purchase Orders 1620.00
1 Fixed Assets 1620.00
1 Water Billing /Collections 2700.00
1 Tax Billing /Collections 3500.00
1 Accomodation Tax 1620.00
1 Centralized Collections 4500.00
Includes:Cash Dr & Rec.Prt
Terms of Delivery
Subtotal: 23390.00
Terms of Payment: See Back for Details Sales and Use Tax
Time of Delevery. Destination
Programming SeavicesYes/Not Less Deposit %
Special Terms and Instructions: Grand Total: s 23390.00
TERMS AND CONDTrIONS OF SALES AND LICENSE
Specialized Data S rte -ms ,Inc. ( "SDS ") and Purchaser/Licensee ( "Client') agree that the following terms and conditions will apply to any order ac-
cepted by SDS for the purchase of computer(s) and/or for the licensing of computer software program(s).
1. Prices and Payment Prices for each computer and license fee for each software program ordered by Client are stated above and do not include
any applicable destination or handling charges or any similar charges or taxes or insurance. Unless SDS invoices Client for sales and use taxes due
hereunder and Client pays the same, Client will be responsible for collecting and/or paying any and all such taxes. Payment of all amounts due on
said computer(s) and software program(s) will be due in cash on the date of delivery, unless otherwise agreed in accordance with paragraph 16 hereof.
2. License Each software program (" licensed program ") ordered by Client is subject to a personal, nontransferrable and nonexclusive license
granted to Client by SDS which authorizes Client to use said licensed p on one computer. If a licensed program is to be used on more than
one computer, then additional licenses will be required. CLIENT Y OPY OR REPRODUCE A LICENSED PROGRAM FOR ANY
PURPOSE. except Client m a licensed r rinsed form for backup copy program into machine p kup purposes in support of the use of said
licensed program on a single computer. Client agrees to reproduce s t notice or other proprietary maridn on
may not assign or transfer a licensed Prof ' Psi Client such copies. Client
program or a license to any entity wt�,gthe expressed prior written consent of SDS. CGene agrees that it is
receiving only a LIMITED LICENSE to use a licensed program and that SDS retains title to and ownership of said licensed program. Upon termina-
tion of this Agreement, said licensed program will be returned immediately by Client to SDS and any unauthorized use of said licensed program by
Client will be unlawful.
SEE REVERSE SIDE FOR ADDITIONAL TERMS, INCLUDING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THAT ARE PART OF THIS AGREEMENT.
Name of Client:
City o Tybee Island, GA
Title
or
SPECIALIZED DATA SYSTEMS, INC.
(Seller/Licensor and Secured Party)
by
Title President
3. 'Warranty: My and ail warranties made with respect to the computer(s) sold hereunder are made by the computer manufacturer and not bySDS.
Each licensed program is distributed on an "as is" basis without warranty. No agent, employee, or representative of SDS has the authority to bind
SDS to any affirmation, representation or warranty concerning a computer or a licensed program, and any attempts to bind SDS to any such affirma-
tion, representation or warranty will not form a part of this Agreement and will not in any way be binding on SDS or enforceable by aicnt. With
respect to the above - described computer(s) and licensed program(s). SDS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, TILE IMPLIED WARRANTIES OF MBRCI IANTABILTIY AND FITNESS FOR A PARTICULAR PURPOSE SDS
does not warrant that said computer(s) and said licensed program(s) will meet Client's requirements or that the operation of the samewill be uninter-
rupted or error free or that defects will be corrected.
4. Limitation of Liability: SDS will not be liable for any lost profits, or for any claim or dernand against Client by any other party. No action, regard-
less of form arising out of the transactions under this Agreement may be brought by either party more than one (1) year after the cause of action has
accrued. IN NO EVENT WILL SDS BE LIABLE FOR INCIDENTAL OR CONSEQUI?NI1AL DAMAGES, EVEN IF SDS HAS BEEN AD-
VISED 01711IE POSSIBILITY OF SUCII DAMAGES.
5. Security Interest: SDS hereby reserves and Client hereby grants to SDS a purchase money security interest in each computer ordered by Client, as
described above, to secure the performance and payment of the obligations of Client to SDS. At the request of SDS, Client agrees to execute financ-
ing statements for the purpose of enabling SDS to perfect its purchase money security interest under the North. Carolina Commercial Code. Upon
failure to Client to pay SDS amounts due hereunder, SDS will have-all the rights available to it as a secured creditor under Article 9 of the North
Carolina Commercial Code. Client agrees to pay SDS's attorneys' fee in the event any action is required to enforce SDS's rights under this Agree-
ment.
6. Risk of Loss: Risk of loss or damage to the above - described computer(s) or licensed programs) will pass to Client upon delivery of the same to
the location designated above.
7. Cancellation of Orders: Client agrees not to countermand or cancel any order or cause delay, except with the written consent of SDS and with full
compensation paid by Client to SDS for any loss sustained by reasons of such cancellation.
8. Delivery: SI)S will schedule delivery in accordance with its applicable shipment sequence, subject to any availability constraints or limitations im-
posed by a computer manufacturer or other third party. Every effort will be made by SDS to ship within the time estimated, but SDS will have no
liability for Toss or damage resulting from SDS's delayed performance or shipment.
9. Destination Charges: 'Destination charges and rigging charges will be paid by Client in accordance with SDS's then current shipping and billing
practices.
10. Installation: Computer(s) purchased and program(s) licensed under this Agreement will he installed and placed in good working order by SDS
at a time and place to be mutually agreed upon by the parties.
11. Programming Services: If specified above, SDS will provide programming services for a period of ninety (90) days after the day of delivery of
such specified licensed program in order to correct licensed program errors. SDS does not guarantee service results or represent or warrant that all
errors will be corrected.
12. Copyright and Patent Information: Client agrees to notify SUS in writing of any copyright and patent infringement claim presented against
Client that relates in any way to the pmgrnm(s) licensed hereunder.
13. Termination: 'The License herein granted by SDS to Client is effective until terminated. SDS may terminate the license if Client fails to comply
with any provision of the Agreement. Client may terminate the license upon thirty (30) day written notice to SDS, but in no event will Client be en-
titled to reimbursement of license fees.
14. Modification: No addition to or modification of any provi sion of this Agreement will be binding upon SDS unless made in writing and signed by
a duly authorized representative of SDS. No course of dealing or usage of trade or course of performance will be relevant to explain or supplement
any terms of this Agreement.
15. Governing Law: The Agreement will be construed in accordance with the Laws of the State of North Carolina.
16. Additional Terms: Payment terms are as folws :
1. Downpayment of 2339.00 returned with signed contract.
.::
to be paid in 3 payments in Jan, Feb, & March of 1993.
$7800.00 each month = 23400.00
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September 10, 1992
Dear Ro,
Since I can't attend the Council meeting tonight, I'm forwarding
this summary of our first year's operation of the Recycling Center,
in the event you wish to share it with the Council and /or audience.
The chart below quantifies the information I verbally reported at
last month's meeting. As you see, it lists total costs, revenues
and profits, plus the weights by category.
As you know, our rental fee and hauling charge have been increased
by Southern Paper from $45 to $60. I consider this reasonable, since
they didn't raise our rates for one.full year. Moreover, they are
now quoting these higher rates to other communities that are considering
such programs. As for an anticipated budget for the next twelve
months based on the ntw rates, I estimate that the Center will cost
the city about $1,000. However, if we manage to acquire a third con-
tainer from Southern Paper so that we can handle newspapers and aluminum
cans in.separate containers, our revenues should go up.
Operational Costs of Tybcc Island's Recycling Center
(August 9, 1991 - August 9, 1992)
Costs:
Income:
. Weight (lbs):
Monthly Rentals - $ 720
NP
AC
G
Haulings ® $45 each:
Aug - Np /AC (1) 45
$117.10
2,420
420
Sep - Glass (1) 45
32.00
5,5001
Oct - Np /AC (1) 45
108,35
3,820
357
Nov - N /p /AC (1) 45
109.90
4.420
439
Dec - N /p /AC (1) 45
86.40
4,040
331
Dec - Glass (1) 45
48.80
8,000•
Jan - N /p /AC (1) 45
' 48.80
4,640
128
Feb - Np /AC (1) 45
87.10
4,100
333
Feb - Glass (1) 45
46.80
8,740
Mar - N /p /AC (1) 45
92.50
4,380
353
Apr - N /p /AC (1) 45
86.40
4,200
327
Apr - Glass (1) 45
34.20
9,440
May - N /p /AC (2) 90
166.50
8.380
623
Jun - Glass (1) 45
52.50
9.220
Jun - N /p /AC (1) 45
78.50
4,220
287
Jul - Glass (1) 45
49.00
8.320
Jul - N /p /AC (2) 90
180.30
7.340
718
TOTALS $1,935.00
$1.425.15
51,960
4,316
49.220
ADJUS LED COST OF RECYCLING CENTER FOR FIRST YEAR $509.85
TOTAL WEIGHT OF HAULED RECYCLABLES DURING YEAR 105,496 lbs.
(This weight—totaling over 52 tons — represents a reduction of up to 5% in the
trash collected oh Tybee Island by Waste Management, thus saving the City
additional moneyE.)
`Estimated weight of first two glass haullngs.
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A RESOLUTION
WHEREAS, the fiscal year of the City of Tybee Island begins on
January 1 and ends on December 31; and,
WHEREAS, the Official Code of Georgia 48 -5 -32.1 and Title 3 of the
Code of Ordinances for the City of Tybee Island, Georgia, and
specifically Section 3 -2 -11 provide in part that the millage rate for
annual ad valorem tax upon all real and personal property within the
City shall be established each year by Resolution of the Mayor and
Council; and,
WHEREAS, the requirements of O.C.G.A. X48 -5 -32.1 have been
complied with; and,
WHEREAS, the Mayor and Council desire to set the millage rate for
the year beginning January 1, 1993 and ending December 31, 1993 in
compliance with the terms of the laws of Georgia and the Ordinances of
this City:
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of Tybee Island, in open meeting assembled, . that the millage rate
of the fiscal year January 1, 1993 through December 31, 1993 be set at
nine and ninety -one hundredths (.00991) mils.
ADOPTED this ! na't day of September, 1992.
MAYOR
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Ordinance # i g q a-(
Be it ordained, and it is hereby ordained, by Mayor and Council in
Open Meeting assembled that the Tybee.Island Code of Ordinances,
Chapter 8, Title 2, Section 3 (a) be amended; and a new paragraph
be added Chapter 8, Title 2, Section 3 (b) to read as follows:
Section 8 -2 -3 Building Permits
(a) Application for a building permit must be made by the owner,
or his agent, accompanied by two (2) sets of plans or blueprints,
if applicable, together with the specifications of the work to be
done. All applications for a building permit for building a new
building or any additions must be accompanied by a plan showing
size of lot and portion of lot to be built on and shall show that
the lot has been surveyed by a licensed surveyor, or that lot
stakes have been placed in position in accordance with such a
survey. No work of any nature shall be started until a building
permit has been issued. A permit must be secured for all new
construction, all alterations and all repairs. No permit shall be
issued until the prescribed fees for same have been paid in
accordance with the following schedule:
(1) Repairs less than $500.00 No Charge
(2) Where the value exceeds $500.00 but not over
$1,000.00 $20.00
(3) For each additional $1,000.00 of value or fraction
thereof per $1,000.00 of value $5.00
(b) If Permit is for work on undeveloped land or a vacant lot as
defined in Section 8 -7 -3 of this Code then the landowner or
permittee shall show on the survey the diameter and location of all
trees above six (6) inches diameter at breast height (4 1/2 feet
above grade) that will be removed or otherwise impacted by
construction.
ADOPTED THIS O' DAY OF
1992.
ayor Walter . Parker
ncil
1st Reading: August 13, 1992
2nd Reading: September 10, 1992
Enacted: September 10, 1992
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Ordinance # (qqa - 19
Be it ordained and it is hereby ordained by Mayor and Council in
Open Meeting assembled that Title 2, Chapter 4, be amended by
adding Section 2- 4 -13 -A (5) Donation of Vacation time to read as
follows:
Section 2 -4 -13 A (5) Donation of Vacation Time
An employee may elect to donate some portion of his /her accrued
vacation leave to another employee in need under the following
conditions:
a. Such vacation leave must be transferred at the same or at a
lesser cost (e.g. must be transferred to an employee at the same or
lower pay rate as the donor).
b. The recipient must be in need of additional leave time for
personal illness or illness of a family member and must be at the
point of taking leave without pay.
c. Vacation leave, once donated, shall not be given back to the
donor except where the conditions of paragraph (b) above are met.
d. In no case shall the donor transfer vacation leave to another
employee for the single purpose of avoiding losing vacation leave.
e. The sale or trade of vacation leave for purposes which would
circumvent the spirit of this procedure is prohibited.
f. Requests to donate vacation leave should be made in writing to
the Department Head and the City Administrator or Personnel Clerk.
ADOPTED THIS 10-r-4‘ DAY OF , 1992
cil
1 Reaing July 9, 1992
2nd Reading September 10, 1992
Enacted: September 10, 1992
Ordinance # 16141g-Q0
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL
IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF
ORDINANCES, TITLE 5 PUBLIC WORKS, BE AMENDED BY THE ADDITION OF A
CHAPTER TO BE NUMBERED CHAPTER 3 AND TITLED PROPERTY MAINTENANCE.
Section 5 -3 -1 Purpose
The purpose of this chapter shall be to require the maintenance of
premises to retain property values and to protect the general
environment and appearance of neighborhoods within the community.
Section 5 -3 -2 Definitions
Accessory building means a carport, garage, storage buildings or
other such not - for - habitation building on the premises.
Boats, derelict is a craft intended for water transportation which
1.) Is unusable or unsafe for operation due to damage or
disrepair or because one or more of its major parts has been
removed or destroyed; or
2.) Constitutes a nuisance or health or safety hazard.
Established driveway means an area that is paved, graveled, bare of
vegetation, or otherwise clearly indicative of the area that is
normally used for vehicles to enter onto or exit from real property
onto a public or private street.
Front yard is any portion of the property between the right -of -way
line of an abutting street and the building line for the principal
building on the lot and extending from property line to property
line along such building line. If there is no building on the
property, the entire property shall be deemed the front yard.
Object shall be any item of personal property, other than a
vehicle, boat or trailer -type vehicle, which is not related to the
use and purpose for which the real property is occupied or owned or
permitted by the applicable zoning classification. Examples for the
purpose of this chapter shall include: junk materials, appliances
or other household items, machinery and equipment, fallen trees or
tree limbs, or other materials not forming part of a structure or
landscaping.
Person shall mean any natural person, corporation, partnership,
authority created by statute, association or other entity or
combination thereof.
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To place shall mean to establish the presence on property of an
object which:
1.) Is not affixed to the real property and thus is capable of
being moved or removed;
2.) Is present for a period of thirty (30) consecutive days
whether or not the location on the property is changed.
Vehicle, automotive shall be an automobile, truck, van or other
motorized vehicle designed and intended to be used for transporting
people or goods.
Vehicle, Derelict, automotive is a vehicle which:
1.) Is unusable or unsafe for operation due to damage or
disrepair or because one or more of its major parts has been
removed or destroyed; or
2.) Constitutes a nuisance or health or safety hazard.
Vehicle, Derelict, trailer -type is a trailer -type vehicle which:
1.) Is dismantled or partially dismantled, deteriorated or not
safe for use due to disrepair or damage; or
2.) Constitutes a nuisance or health or safety hazard.
Section 5 -3 -3 Occupants or owners to keep premises free of litter,
debris and junk materials.
a.) It shall be unlawful for the occupant or owner of premises to
have or to place any of the following on the premises to the extent
and in a manner that could threaten or endanger the public health,
safety or welfare or could adversely affect and impair the economic
value of adjacent property:
1.) Any accumulation of litter, debris, refuse, garbage or
animal excrement on any front side or rear yard or on any porch, or
underneath any building or in any accessory building.
2.) Any object(s), as defined by this chapter, on the front
yard or on a front porch.
3.) Any object(s), as defined by this chapter, on the side or
rear yards, or on side or rear porches or underneath any building
or in any accessory building unless covered or enclosed so as not
to be visible from a street or lane.
4.) Any derelict automotive vehicle, boat or trailer -type
1
1
vehicle.
Section 5 -3 -4 Occupants or owners to keep premises free of
derelict vehicles and boats.
It shall be unlawful to place, keep, store or allow to remain
any derelict automotive vehicle, or derelict boat or trailer -type
vehicle or parts thereof on a front .yard or on an established
driveway of a front yard and it shall be unlawful to place, keep,
store or allow to remain any derelict automotive vehicle or
derelict boat or trailer -type vehicle, or parts thereof, on the
side or rear yards if visible from a street, lane or adjoining
property unless enclosed in an accessory building so as not to be
visible from the street, lane or adjoining property.
Section 5 -3 -5 Construction activity exempt.
The provisions of this chapter shall not apply to material which is
being used in construction activity taking place on the premises
provided the construction activity complies with applicable
ordinances and is being diligently pursued.
Adopted this
I 60L day of
1992.
Cl rk Cignci
1st Reading July 9, 1992
2nd Reading September 10, 1992
Enacted September 10, 1992
Mayor Walter W. Parker
1
Ordinance #
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA DELETING
CODE SECTION 4 -2 -1, OFFICE OF FIRE CHIEF CREATED, AND ADDING
A CODE SECTION TO BE TITLED AND NUMBERED THE SAME, AND FOR
OTHER PURPOSES.
Be it ordained, and it is hereby ordained by the Mayor and Council
in Open Meeting assembled, that the Tybee Island Code of Ordinances
be amended by the deletion of Code Section 4 -2 -1 which reads as
follows:
4 -2 -1 Office of Chief Created: Appointment.
The Office of Chief of the Fire Department is created. The
chief shall be appointed by the Mayor, subject to the approval
of the Council.
INSERT IN ITS STEAD:
Section 4 -2 -1 Fire Department Officers; Appointments; Election.
(a) The Office of Chief of the Fire Department is created. The
Chief shall be appointed by the Mayor, subject to the approval
of the Council.
(b) The Office of Director of the First Response Division is
created. The Director shall be appointed by the Mayor, subject
to the approval of the City Council, and shall work under the
direction of the Fire Chief.
(c) All division officers will be elected by the members of each
respective division for two -year terms beginning on January
1st of every odd year.
The actual number of officers will be determined by the Chief.
(d) Qualifications for each elected position will be determined by
the Fire Chief.
(e) The Fire Chief, with the majority vote of elected officers
present, may vote to remove an officer at any time for
sufficient reason.
ADOPTED THIS 10TH DAY OF SEPTEMBER, 1992
1st Reading: September 10, 1992
2nd Reading: September 10, 1992
Enacted: September 10, 1992
Mayor W
ter W. Parker