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HomeMy Public PortalAbout19980611CCMeeting1 1 1 1998 -06 -11 City Council Minutes Mayor Walter W. Parker called the June 11, 1998 meeting to order at 7:30 P.M. The following members of Council were present: Jack Youmans, Anne Monaghan, Donald E. Anderson, and Mallory Pearce. Michael A. Hosti was in Atlanta on business and Ed Merves was out of town with family. City Attorney Edward Hughes and City Manager Bill Farmer were also present. Father John Lyons, pastor of Scared Heart Church, gave the invocation. The Pledge of Allegiance was recited by all. Mr. Chris Lightle of Tindol and Company presented Council with the 1997 audit report. There were no questions directed to Mr. Lightle. City Manager Farmer stated that the City had done better than expected. Mr. Lightle said that there were a couple of areas that needed attention and corrective action. Mr. Charles Griffin of the Georgia Ports Authority said that they were in communication with the City Manager and the Mayor and will continue to do so concerning the Harbor Expansion Project. Mr Griffin stated that he was here to answer any questions that Council might have concerning the project. . Mayor Parker opened, asked for comments, and closed the following Public Hearing according to the laws that govern the hearings. 1. A Height variance petitioned by Mr. Don Hartley - 8 Van Horn - Pin 4- 3 -9 -6. Mr. Hartley was not present so Zoning Administrator Byers presented application to Council. Ms. Byers stated that this 4 foot variance is needed in order to come into compliance with the 50% FEMA rule, that the exterior would not be changed in any way, it would only raise the roof. Youmans asked if this petition is the same as the one that came before Council last month. Byers answered yes. Pearce questioned the word condo. Byers said that this is the variance only tonight. Council would see the site plan at a later date for review. 2. Zoning Administrator Byers presented Council with the zoning text amendment on the setbacks in the C -1 District. They are 10 feet in front, 5 feet on the sides and back. Byers stated that Planning Commission tabled any decision until further study can be completed. Pearce said that something got lost in the communications and that he only wanted the setbacks for residential in commercial districts. Pearce said that he will propose a committee be appointed of 4 residents and 4 business owners to study the issue and come back to Council next month. It was so noted that there were letters form Shell Solomon and Harry Spirides opposing this text amendment. City Attorney Hughes said that if this were district wide a question to consider would be if it amounts to taking peoples rights. Youmans said that he has served on the GMA Public Safety policy committee for the past ten years. Youmans also stated that he has spoken with about 8 fire chiefs this past week and they said they would rather have the building slap against each other with a fire wall because if not, then you are using all the water to protect the other buildings in the areas, plus you create a tunnel. Attorney Harold Yellins spoke on behalf of Mr. Harry Spirides of the Ocean Plaza. Yelling said that there are two questions he has to ask. Why the change? and What is the real issue? Yellins stated that setbacks might make sense in some areas. The Ocean Plaza entire property is located in C -1 zoning. What if a hurricane hit Tybee, the owners would not be able to rebuild without 1 1 1 abiding to the setbacks. This would impact a lot of areas. Yellin compared Tybee with the Savannah Historic District. The Savannah Historic District does not have setbacks. They are zoned commercial but have residential use. Mr Spirides said that if this amendment passes that he has 7,150 square feet of commercial property valued at $45.30 per square feet that would be affected. Planning Commission Chair Sally Keller said that the Planning Commission considered the issue premature to make a decision. Keller stated that anytime you rezone you are taking owners rights and it is not fair to change the rules. If passed it would create non compliance property. Mr. Jeff Schroeder said that there has to be come consideration for setbacks in C -1 because you have a mixture of commercial and residential. Schroder stated that any building that he does has to conform with the residential setbacks. This all boils down to money. Schroder said that he moved to Tybee 15 years ago for the quality of life that it offered. Schroder said that there are some areas where the setbacks would not make any sense. Mr. Jodee Sadowsky owner of the Breakfast Club said that there are to many questions that need to be addressed and does not feel that 30 days is enough time. Sadowsky is against the proposed change. Mr V. Thompson said that if passed it would open Tybee up for lawsuits. 3. Mr. Jimmy Robertson presented Council with a petition for a site plan review from Mr. Steve Strickland for a telecommunication tower to be located 1601 Butler Avenue PIN 4- 8-4 -1. Mr. Robertson stated that all was in order with the site plan and the building permit application. Byers said that the building plans have been approved by Chatham County and are in her office for signatures. Mayor Parker said that he has not seen the plans. Byers answered that they are in your Council information packet. Youmans questioned if this was the same type of tower requested by Buckley last year. Mr. Robertson said that this is a 180 foot mono pole and will be an asset to Tybee in case of an emergency. Mayor Parker asked if there were any towers in Charleston at the time of Hugo. Robertson said that he believes there were and this type can stand up to 110 MPH wind velocity. Youmans said anything worse than that and there will not be any houses left. Monaghan questioned the loss of parking spaces. Strickland said that the two behind the building will be lost but that no one uses because they were getting blocked in by people going to the beach. Mayor Parker questioned the size of the base. Robertson answered 8 feet circular and 6 feet in diameter. 4. Zoning Administrator Byers requested that the telecommunication ordinance be postponed and that Council attend a work shop with the Planning Commission on June 23, 1998 at 6:30 P.M. and put the ordinance on the July 9, 1998 agenda for a vote from Council. Mayor Parker said that we need to put together a reasonable ordinance to give us some guidelines of where to place these towers. Planning Commission Chair Keller asked that Council please meet with the Planning Commission as the towers will impact the entire island. Farmer questioned if this application would be included with the ordinance if Council adopted the ordinance on first reading. Hughes said no, this application would not be included. Mayor Parker opened the meeting for business legally presented to Council. Pearce moved to accept the 1997 financial audit. Monaghan seconded. Vote by Council was unanimous. Youmans moved to approve the 4 foot height variance for Don Hartley at 8 Van Horn. Anderson seconded. Pearce said that Council should honor the Planning 1 Commission request and get more information. Anderson asked Byers if this would help us with the points with the Flood insurance. Byers answered yes, we would get CRS credit. Vote by Council was 2 in favor (Youmans, Anderson); 2 opposed (Monaghan, Pearce). Mayor Parker broke the tie by voting in favor of the variance. Youmans moved to deny making any changes to the zoning text. Anderson seconded. Vote by Council was 2 in favor (Youmans, Anderson); 2 opposed (Monaghan, Pearce). Mayor Parker voted in favor not to change the zoning text. Pearce moved to set up a committee of 4 residents and 4 business people, to meet with the public, meetings would have to be advertised, and bring back recommendation in 30 days. Monaghan seconded. Council vote was 2 in favor (Monaghan, Pearce); 2 opposed (Youmans, Anderson); Mayor Parker voted in favor of the committee and appointed the following people: residents - Dan Rotinsky, Steve Winfrey, Jeffrey Schroeder, V. Thompson; business owners - Cheryl Sadowsky, Shell Solomon, Jenny Orr. Voting in agreement to the appointments were Monaghan, Anderson, Pearce. Opposed was Youmans. Youmans requested that the Fire Chief be invited to attend the meetings. Mayor Parker said that he would certainly see to that tomorrow. Youmans moved to approve the site plan review for the telecommunication tower from Steve Strickland at 1606 Butler Avenue. Anderson seconded. Vote by Council was 3 in favor (Youmans, Monaghan, Anderson); 1 opposed (Pearce). Youmans moved to deny the request from Mr. Joel Fitzer for a marker to be placed in the cemetery in Memorial Park. Pearce seconded. Vote by Council was unanimous. Pearce moved to accept the minutes as written. Youmans seconded. Monaghan questioned the quotes by Byers concerning the picking up of garbage on private drives. Vote by Council was unanimous. Youmans moved to pass on the increase of $.54 a month for garbage collection to the consumers. Anderson seconded. Vote by Council was unanimous. Youmans moved to not charge residents for using the dumpster at DPW and that no contractor be allowed to dump anything at DPW. Anderson seconded. Vote by Council was unanimous. Monaghan moved to waiver all fees for the Red Cross usage of City facilities. Anderson seconded. Vote by Council was unanimous. The next agenda item was the proposed Resolution concerning the Harbor Expansion Project of the Georgia Ports Authority and the Savannah District Corps of Engineers and requesting a Public Hearing on behalf of the city. Mayor Parker called on Bill Farmer to introduce the matter, alluding to the two huge books on the Council table - a draft environmental impact statement and a feasibility study, saying this is what the Resolution addresses and that Bill has read them. Bill explained that there is no indication in the studies that there is any environmental impact from the harbor on the island and no plan therein for placing sand on Tybee, and he'd like to see the documents changed to give Tybee the opportunity to receive some sand for our beaches. It was noted that the Tybee Beach Task Force and the City's consulting coastal engineer both recommend the Resolution be adopted. Councilman Pearce moved to adopt, explaining that the city and GPA are negotiating, and that a related idea is to develop a Memorandum of Understanding that both can sign, but nevertheless he believes the city needs to take a 1 1 1 formal position now. Councilwoman Monaghan seconded and the vote was 4 - 0 in favor. Bill added that he expects to be discussing an agreement in the next few weeks, but presently there is a deadline for public comment of June 23rd. Mayor Parker complimented GPA and COE on the 1994 project, saying that project was very accommodating to the city, and thanking Charles Griffin and Jamie McCurry for their attendance tonight. City Manager Farmer said that the fast track schedule was not addressed at the prior meeting and Mrs. Brown placed it on this meeting agenda for a decision from Council. Pearce moved to approve the fast track schedule. Monaghan seconded. Youmans said that you'll are going to keep on and keep on and 2nd Street is going to slip by us. Mayor said that 2nd Street has no bearing on the fast track schedule. Youmans answered yes it does. Mayor Parker said we need to get started and the City will be reimbursed the money they spend. Voting in favor were Monaghan and Pearce. Opposing were Youmans and Anderson. Mayor Parker broke the tie by voting in favor of the motion. Mayor Parker said that Henry Levy was doing a great job on the Citizens Advisory Committee and he has appointed Levy for another term. Mayor Parker said that Mr. Levy not only helps Tybee but the entire county. Mayor Parker requested that the Memo of Agreement for the Gym Design be held until the full Council is in attendance. Youmans said that there are plenty of people in Savannah that can draw up plans for a gym. Youmans said that a few years ago that the City paid about $600.00 and then decided to wait for the design until they had the money in the bank to build the gym. Monaghan requested that Council place this item on the July 9th agenda. Youmans said he prefers a local architect. The two letters, one from the City Attorney and the other from the City Manager, concerning the the beach rules and regulations were discussed at length. Since the second reading on the ordinance 9 -5 -1 Beach Rules and Regulations was further down on the agenda no action was taken at this time. Penn Myrick asked if the City has a noise control ordinance for loud motorcycles and music. Mayor Parker said that yes we have a noise ordinance plus a nuisance ordinance. Chief Price said that we have a decibel meter. Myrick also said that it would be nice if the City had a cross walk at 17th Street in order for handicapped persons and parents with children to unload and load in order to get to and from the beach. The City could have to remove about 4 parking meters and paint yellow lines across the parking lot. Myrick also mentioned that the establishments were directing their music out towards the parking lots and beach instead of to the patrons. Mayor Parker thanked Myrick for his input. Pearce moved to approve the bills for the month of May as presented. Youmans seconded. Vote by Council was unanimous. The next item on the agenda were the bids for the renovations of the 31 windows and 3 doors in City Hall. Farmer explained that the cost would be approximately $9,500. Farmer explained that this would help with the heating and air, protection from storms, plus with the security at City Hall. Youmans said that the Council had removed all capital expenditures for the 98 budget in order to balance and adopt the 98 budget and that we should wait until later for this expenditure. Pearce moved to approve the 1 renovations with the funds to be paid out of contingencies. Monaghan seconded. Vote by Council was 3 in favor (Monaghan, Anderson, Pearce); 1 opposed (Youmans). Youmans moved to adopt Section 5- 2 -22(d) Storage of Yard Trimmings on its second reading. Monaghan seconded. Vote by Council was unanimous. Monaghan moved to adopt Section 5 -2 -4 Building waste - accumulation prohibited on its second reading. Anderson seconded. Vote by Council was unanimous. Pearce moved to adopt Section 9 -5 -1 Beach Rules and Regulations on its second reading. Youmans seconded. Farmer explained that the ordinance will be part of his suggestions, part of Chief Price's recommendations and some of the original ordinance. Vote by Council was unanimous. Youmans moved to adopt Section 2 -4 -13 Leave Policies on its second reading. Pearce seconded. Vote by Council was unanimous. Farmer said that he department statistical reports are in the Council packets. Farmer explained that his memo on code enforcement procedures is for information letting Council know that the lifeguards are advisory. Youmans said that they can radio the police. Farmer stated that Council had voted to delay any merit raises until the 98 evaluations but that he is requesting Council to reconsider their decision. Farmer said that the merit raises were included in the budget for 98. Farmer said that we could do mid year evaluations. Youmans asked if we plan to do evaluations every six months now. Monaghan said that this would take up a lot of the department heads' time. Pearce moved to grant the merit pay on performance evaluations completed by Farmer. Pearce withdrew his motion. Youmans moved to allow City Manager to give merit raises based on any evaluations that are presented to him before November. Pearce seconded. Monaghan said that we are creating a monster. Youmans withdrew his motion. Youmans moved for the City Manager to make arrangements to bring the new employee into line with pay. Pearce seconded. Vote by Council was unanimous. As there was no further business to come before Council the meeting was adjourned at 9:45 P.M. Mayor Walter W. Parker (Ord. June 11 City Council Minutes, Added, 07/01/ 1 1 1 RESOLUTION SAVANNAH HARBOR EXPANSION PROJECT CITY OF TYBEE ISLAND June 11, 1998 WHEREAS, the City of Tybee Island has responsibilities for the care and maintenance of the beaches of Tybee Island, and the Georgia Ports Authority, in conjunction with the Savannah District U. S. Army Corps of Engineers, is planning a Savannah Harbor Expansion which will affect Tybee Island, NOW, THEREFORE, the City Council of Tybee Island does hereby declare that: 1. In accordance with the Joint Public Notice issued May 8, 1998 regarding the Savannah Harbor Expansion, a Public Hearing is requested in order to discuss plans for the Savannah Harbor Expansion Project, and to cause modifications to the Draft Feasibility Report and to the Draft Environmental Impact Statement, hereinafter referred to as the "Harbor Study Documents ". 2. The City of Tybee Island, situated immediately south of the planned Savannah Harbor Expansion Project, will be adversely impacted by the project without adequate mitigation, as currently described in the April Harbor Study Documents, due in part to the entrapment of additional quantities of sand in the channel due to its increased depth by the project, and the resulting adverse economic and environmental impact to Tybee Island caused by a net increase in beach erosion. 3. Prior to the construction of the federal navigation project, Tybee Island received sand which naturally passed along portions of the Savannah River ebb tidal shoals platform. The construction of the navigation channel essentially constructed a littoral trap which has deprived Tybee Island of this sand 1 1 source, thereby resulting in much of the historical and ongoing erosional trends experienced on Tybee Island. Implementation of the Savannah Harbor Expansion Project will necessarily increase the capability of the channel to trap sand, additional sand entrapment in the channel will occur, and the increased littoral transport impacts will increase net erosion rates on Tybee Island. These effects will increase federal, state, and local governmental expenditures, decrease storm protection and recreational capabilities of the beaches of Tybee Island, increase channel maintenance costs, increase Tybee Island Beach Renourishment expenditures, and potentially result in increased property damage, loss of life, and decreases in the health, safety, and general welfare of Tybee Island residents and visitors to the City, and otherwise cause adverse economic and environmental impacts to Tybee Island.. Adequate mitigation of these effects is required and necessary, and the current Harbor Project Documents must be revised to reflect these facts. 4. The City of Tybee Island must receive all reasonably accessible beach compatible sand from all channel dredgings, to be placed on the northern half of Tybee Island, including both new work and future maintenance dredgings. Tybee Island must also receive all marginal sand from all new work and maintenance channel dredgings, which is reasonably accessible, by having such material placed within a feeder berm as close to the north and northeastern shores of Tybee Island as possible. 5. The City of Tybee Island must be represented on appropriate committees involved in the development and drafting of studies and plans associated with the Savannah Harbor Expansion Project, and must also be included in the official list of agencies for comment in the review process, as a result of the interrelationships which exist between the Savannah Harbor and Tybee Island. 6. Savannah Harbor Deepening Projects, Savannah Harbor Channel Maintenance Projects, and Tybee Island Beach Renourishment Projects are interrelated as a result of the close proximity of the Savannah Harbor and the City of Tybee Island, and the relationships of sand movements in the area which impact such projects, or are impacted by such projects. As a result, the costs and benefits of all such projects must be fully evaluated on an area -wide basis, reflecting applicable interrelationships between the Savannah Harbor and Tybee Island. 7. Criteria and guidelines which govern, the deposition of sediments on Tybee Island and /or in the nearshore areas to construct submerged berms, such as the 75% coarse grain guideline used by the Georgia Ports Authority, must be evaluated in light of current scientific data, and must be applied by affected shareholders with flexibility to reflect conflicting objectives and differing environments. 8. Vibracore samples of sediments taken at six stations within the bar channel boundaries indicate that sediment in the vicinity of the bar channel is of beach quality and /or is highly suitable for nearshore placement along Tybee Island, with data indicating 63.5% to 93.7% sand, with fines percentages ranging from a low of 5.8% in the O&M segment of the channel near the maintained offshore limit, to a high of 35.1% fines in the new work material located within the first channel bend widener northeast of Tybee Island. Other data, including the 1993 -1994 Channel Deepening Project experience whereby 918,000 cubic yards of dredged material was placed on Tybee Island, indicate that placement of dredged materials from the bar channel onto Tybee Island and the nearshore areas of Tybee Island is appropriate and cost effective; and is preferred to all other possible locations. 9. Placement of some dredged materials from the Savannah Harbor Expansion Project onto Tybee Island and the nearshore areas of Tybee Island would be at less cost than placement of these materials in the Ocean Disposal Site. The Harbor Project Documents need to be modified to reflect this fact. In addition, the benefits to society will be increased by placement of some dredged materials from the Harbor Expansion Island and the nearshore areas of Tybee Island, compared Tybee dbto the benefits to society associated with disposal of these materials in the ocean disposal site. The Harbor Project Documents must be modified to reflect this fact. 10. Beach erosion has many causes, including tidal currents, wave effects, sea level fluctuation, storm action, and the net effects of the deposition of sand by littoral drift. Deepening the Savannah Harbor Channel will adversely affect the deposition of littoral drifted sand on Tybee Island, since the direction of net littoral drift along the shoreline is generally to the south, and a deeper channel will trap additional quantities of sand which would be drifting towards Tybee Island from the north, and from upstream in the Savannah River. Conversely the channel would decrease the amount of sand rap edainowhe of p harbor channel, and increase the littoral drift of s and to Tybee Island. In the extreme, removal of the ocean channel would restore natural littoral drift of sand which naturally bypassed along portions of the Savannah River ebb tidal shoals platform. Therefore, the proposed project would further incrementally change the present littoral drift system in the region, and adversely impact Tybee Island by capturing additional sand and decreasing the littoral drift of sand to Tybee Island. The composition of sand contained in the littoral drift contains both beach quality sand as well as other materials, all of which contribute to storm protection characteristics of the beach and 1 1 nearshore areas of Tybee Island. Additional deprivation of littoral sand to Tybee Island is unnecessary, environmentally unsound, and economically unjustified. 11. The Draft Environmental Impact Statement for the Harbor Deepening Project indicates, in Section 2.3, that "A central aim of the DEIS is full consideration of all expectant impacts and environmental issues of concern." However, the DEIS (Draft Environmental Impact Statement) and the Draft Feasibility Study documents do not include Tybee Island in the listing of "all expectant impacts and environmental issues of concern ", despite abundant data and other documentation that Tybee Island is indeed adversely impacted by the presence of the harbor channel, and that an approximate twenty percent (20%) deepening of the harbor channel would be expected to further adversely impact Tybee Island. For example, Section 1.4 of the Executive Summary in the Draft Feasibility Report states in part: "Preliminary data indicated six areas which might be affected by implementation of a harbor expansion project:..." A review of the six areas listed illustrates that Tybee Island, located adjacent and south of the harbor expansion project, is not included in the list of even "...areas which might be affected..." A review of both reports indicates that Tybee Island is not included in the final list of areas impacted by the Harbor Deepening Project. The City of Tybee Island asserts that the environmental impact of the Harbor Deepening Project on Tybee Island needs to be assessed by the Georgia Ports Authority and /or the Corps of Engineers in order to comply with established requirements. Further, Section 5.8.1 of the Draft Environmental Impact Statement does not adequately address the environmental assessment of the impact to Tybee Island, namely: "...A common belief is that the presence of a navigation channel intercepts this ('deposition of sand carried by littoral drift') transportation mechanism and retains this sand. In the Savannah region, the direction of net littoral drift along the shoreline is generally to the south. Historic data of dredge material composition indicate the majority is not beach quality sand. Therefore, the proposed project is not expected to incrementally change the present littoral drift system in the region." This section of the DEIS does not adequately address the environmental assessment of the impact to Tybee Island for the following reasons: a. The sentences in the paragraph do not develop a logic set resulting in the stated conclusion. b. The expression "common belief" in the first quoted sentence implies that the balance of the sentence is not supported by fact, when in reality the navigation channel does intercept sand which is drifting towards Tybee Island, with the second sentence affirming that the direction of sand drift from regions north of the channel is to the south, towards Tybee Island. 1 1 c. The third sentence references historic data of dredge material composition, which "...indicate the mai iority is not beach quality sand." However, there is some beach quality in the littoral drifted sand, and the channel does intercept athis sand. The environmental impact of this interception needs to be evaluated. Also, that sand which is not beach quality sand in the littoral drifted sand also contributes to the sand sharing system and benefits to Tybee Island, and even if in the majority, the deprivation of this non -beach quality sand has some environmental impact to Tybee Island. There may also be issues of "average composition" of dredged materials in different regions of the channel, at different times, versus current data or future expectations. d. The stated conclusion reflected in the last sentence misses the point. The last sentence appears to conclude the analysis of impact to Tybee Island by concluding "Therefore, the proposed project is not expected to incrementally change the present littoral drift system in the region." This conclusion does not follow from the prior sentences, but more it refers to a possible littoral drift system change, ortansand transportation mechanism change, whereas the issue is whether or not there is an environmental impact to Tybee Island, and not whether or not a littoral drift system (or transportation mechanism) in the region is changed. Further, the "system" may or may not be impacted, but "sand flow" within the system will be impacted. The DEIS and Draft Feasibility Report should be amended to address all environmental issues, as stated in Section 2.3 of the DEIS: "A central aim of the DEIS is full consideration of all expectant impacts and environmental issues of concern." RESOLVED, by the City Council of Tybee Island, this 28th day of May, 1998. tt palter W. Parker, ac a Brown, Clerk of Council City of Mayor Y Tybee Island, Georgia 1 Bills for the Month of May 98 General Government 90,928.38 Police 94,697.04 Fire 32,443.12 Public Works 74,587.56 Sanitation 37,329.36 Recreation 12,109.74 Parking 20,846.27 Water Sewer 194,271.02 Special Purpose Sales Tax -0- Fund Four Bond -0- 1 ORDINANCE # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 5 Public Works, Chapter 2 Solid Waste Collection and Disposal, Section 22 (d) Storage Practices, be amended to read as follows: [Amending 5 -2 -22 Storage practices.] (a) Preparation of Refuse: Residential refuse shall be placed in uniform roll out carts /standard containers as provided.(ORD. 1995 -12; 10/12/95) (b) Refuse containers. Commercial refuse and commercial solid waste shall be placed in a commercial dumpster of sufficient size to handle the amount of refuse generated by said commercial establishment. In the event that a commercial establishment cannot have a dumpster placed on site, sufficient uniform roll out carts shall be used. (1) Commercial dumpsters shall be enclosed by a privacy fence not less than six (6) feet nor more than (8) feet in height. Flooring shall be a concrete masonry pad sufficient to place the required size of the dumpster on. Enclosure shall be constructed to include cement filled steel posts with a minimum height of five (5) feet to be placed three (3) feet from sides of enclosure. Enclosure shall be a minimum of eleven (11) feet wide and eleven (11) feet in depth with a front clearance for gating to be 180 degrees, with an access lane of no less than 100 feet of unobscured finished surface. Dumpster flooring shall be place at the same elevation as finished grade of lot surface.(ORD. 1995 -12; 10/12/95) (c) Storage of refuse (1) Each householder, commercial establishment or person having refuse shall provide himself with approved refuse containers. (2) It shall be unlawful to place refuse in any street, alley or any other public place, or upon private property, whether owned or not, unless that refuse is placed in an approved container, as provided in this article. (3) It shall be unlawful to place refuse in any stream or body of water, or in any place inconsistent with the provisions of this article. (code 1970, 8 -18) (d) Storage of yard trimmings 1. (1) It shall be unlawful to place or mix yard trimmings Bailealketawith municipal solid waste within the city. (2) Yard trimmings Nshall not be disposed at any municipal solid waste disposal facility having a liner and leachate collection system or requiring vertical expansion located within the city. (3) Yard trimmings Shall be sorted and stored in the following manner: yard trimmings <?'<#which have not been utilized for 1 ....................................................... composting mulch, or otherwise revised/recycled shall be placed adjacent . to refuse containers so as to be readily accessible to the collectodr::::4' MGM uiid .......... ... (h) Pakn id be tad ai pd atijt xi70;;;;L n1 dnn*r bfiu1 b8 Teri b4 t Awn ..or (Ord.1996-26;10/10/96)(1997-44; 8/14/97) [—End of Text ADOPTED THIS 1 lth DAY OF June, 1998. Mayor Walter W. Parker 2nd Reading: June 11, 1998 Enacted: June 11, 1998 1 1 ORDINANCE # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 5 Public Works, Chapter 2 Solid Waste Collection and Disposal, Section 4 Building Waste and accumulations prohibited, be amended to read as follows: [Amending 5 -2-4 Building waste - Accumulations prohibited.] Any person who has contracted with any other person within the city, either on a hourly basis or a job contract price, whose work produces an accumulation or volume of brusl, bric a brac, scrap lumber,ash -oF Abe ' -' `'= i r ed to remove and dispose of any such accumulation resulting therefrom. All construction and demolition contractors must have on -site receptacles or containers. The site must be kept in a reasonable clean and litter -fr ee condition. ........ ....:.,.::.,,,;;.:::: ��::��::.:....:.......: >�- Code 1970, 8- 2;Ord. No. 1986- 1,2- 13 -86; Ord. No 3 -1986, 2- 13 -86) [ - --- -End of Text - --- -] ADOPTED THIS 1 lth DAY OF June, 1998. Mayor Walter W. Parker c-P T3A.0--,..„-- lerk ounciL) st Reading: May 28, 1998 2nd Reading: June 11, 1998 Enacted: June 11, 1998 1 ORDINANCE # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 9 Licensing and Regulation, Chapter 5 Beach Rules and Regulations, Section 1 Rules and Regulations for Use of the Municipal Beaches , Paragraph (b) Penalty for Violation, be amended to read as follows: [Amending 9 -5 -1 RULES AND REGULATIONS FOR USE OF THE MUNICIPAL BEACHES.] (a) All persons entering upon the public beaches, or structures erected thereon, shall comply with the following rules and regulations, and failure to do so shall constitute a violation of this ordinance; (1) Swim within 50 yards of shoreline. It shall be unlawful for any person to swim outside of the area extending 50 yards from the water's edge. (2) Place litter in trash containers. It shall be unlawful to throw, place, deposit, sweep or scatter, or cause to be thrown, placed, deposited, swept, or scattered, any paper, food, bottles, cans, trash, fruit peelings or other refuse upon the beaches or structures erected thereon. (3) No glass or breakable containers. It shall be unlawful for any person to take or carry upon the beaches or structures erected thereon any glass or breakable containers. (4) No pets --ei eles-: - It shall be unlawful for any person who shall own, or be in control of, or be in charge of, any dog or other pet o veh le, to allow or take that dog or other pet -er- vehicle upon the beaches or structures erected hereon,_ _._ ::�..:.::;:.: - }:.} ii:. }:. } } }:. }:.:E. }:<.'.��........ h }:t }( :;i- y }Y]1' : - }K }i:. } } } } }i } } } }: }:: Ef•�:(. }:•:i }k + }: } #:n'. } }} 4::• : } }:i•: }- .aw.- . :n - :. n - :. -: - ::.vjy:.yE:: } } } } } }:• }:•:' } } } } }i:} } } } }.. v .-::.-:.•} --}• } } } } } } }} }} } } } }:: } } } *: :: :E•} } }:} }:E• .::.}}:>`:... v....:::{_:: i:: iEi :ii ": }: : }::i }':iti.: }: }:':i -.x: - } } }i }:� }:'::. } }:�y : :,>;.....:i: •.::x� } } } } } }': } } } }..:.. i::::y }:xi>' :}} - }y}} ::::::. .:i : }:i : }:. ::- i :i•' -: • vita .::::::•:t� ::: ::i::::i::v: •::i::i: �EEEEE - EE::• i:•:•:::•' iiii:•::: i:::: YE: ij:: ii':: ii<::..:: iit viv{::: i:::: 7::i- :a•�•i:3ii: :: : >::'. ::::::: •::i::::: •:: }:: }:::i:::iii:iiiK::::• :3: {:i::i::i::-r-::S:ii:::i: •::i�:i::::: i} i}}}:.}:•}:•}::•:}}}}}:}}:•}}}}: E•}}}}}} } }T} } } }Y,wn• :: : ::. } :.- :. { } } }::t :t- }yL } } }:. }i: :•: #h .:• } } } } ?} }T } } }'r EEEvv:XL• } } } } } } }' }i } } }ii } }i:' • }:: - • } } }: } }' }• + } } } }:. �: ••• q: ': ::::: .: :. .::::.. ..::::::: '.v' }• •. v. :.•ryi.'-:_. }}}�- :i:+i :): :Tii:? -:ET =i =i �• }}:Y i:�S.:: - }}'Y.i- '.•iiiii: :: ::•'. :: :'•:�: i:�:: :::. }:• }:•iii r v.. ... �•�'•:. ,,{{��cc..��{{�� nom:. Win ............................. ...... ..... ....................:... .....:.... �gi�RX.v (8) No disturbing of dune vegetation or walking in the dunes. It shall be unlawful for any person to pick, gather, remove, walk in the dunes, or otherwise disturb the vegetation present on sand dunes, including sea oats. (9) Surfboarding and fishing only in designated areas. No person shall operate a surfboard or fish except in areas designated for suchpurposes:... i' E.• ri:•x•:r.•:r.}zE• } }:EEE:EEE• }:. oval concert with others, do any act or create any condition which does or is calculated to encourage, aid, abet, or start a riot, public disorder or disturbance of the peace; and it shad not be necessary to prove that that person was solely responsible for that riot, public disorder or disturbance of the peace, but only that his or her appearance, manner, conduct, attire, condition, status or general demeanor was a motivating factor that resulted in the riot, public disorder or disturbance of the peace. Any person who refuses when commanded by a police officer or other enforcement official of the city to leave the beach or structures erected thereon immediately, shall be guilty of an offense for refusal to obey the order or command of a police officer or other enforcement official of the city, and deemed to be a rioter or disturber of the peace. It shall also be unlawful for any person to come upon the beaches or structures erected thereon and act in any way which is likely to cause endangerment to himself, herself, or others. (8) Enforcement of these rules -and City Marshall, -Of -Lifeguards. - -The -duly Police City -and- Lifeguarcia-ef-the City -are authorized 4e -require -persons -using - thebeach -Of -structures- erected thereen4e- obey- reasoaable-eerninwirls -designed -to pretest- there -- and -public- property; -and -the -failure -te -obey -any - ef-theseiadii,Liduals -be -a (d) -- Any- person-eanvieted-o€ violating- any-of shad - hem -by-a e-net4e $500.00-0E isonment- for -a4e n ot-e eed days; -of -by -both -such one -and -inrisoninent.. Penalty for violation. ............ .................................... ..................:.......i:.i' - .::.»:..:::.i :>• i:::>• i::s »:•i:<:•:i>.:i•i.»:.•i:<i: : <:•:i .»:..:: >.::.>:.:::.:::>.:.::.:.:.. :.:F::.>:.. :.i: ._:u :.: .:.:::.. .: :.::> ::::. :.. .: . :.. :.v»:.:: :...::.:: .><.:::.:;.;:.: ::# �::: < �:.:: ...:-. = .. ..::'.:.. .. F::v:.::. •.::. •i.iiiii .ii,i••, .:§ .: i}:: i.i:i ::::. . .::..:i. i .i•.:: . •..iii :.:i. : .ii::..•:::.:- F:::..:i..::..xi::: :x:ii:xi;•ihF.::. i. :. i.:::. ::F: •::« .:` . :. i.:. ••.i:: : ::...:. ti.:....: :.4. .: .: :..a..:.: : -: v- :_ - 4i ; ,ix • :....•.F.: ...:.-%:.• .:..i.. taiga ':: .\v::•:::: n :: : i:.F . ... . • v. y.. . .;:xi41r 11 f::ryi : • .::. F..h i•ii:•i i:Fiiw: i. i: i.:4.": m _::Fv: r :::.:::: .i:::. is :iiw�:::::::. i::: ::i::::::::::: :` : ::. F:: F............. : » ? : :: ii: i«i.i :•: : :> : => :. :: > :. i i :: , i ::: �::w ::.. i:_r_ ::..v .i\ :: i. . ..e # ` »iiix i::: i:»i >;:; i... i ; ; .;F <.i i:.F: :;:> <. _< ;;;:::,i:.;_ii.i ..i.:.:.;.i.i.i.i..;.:.i.:i: � .....':.. . » :: : i: :> ;::i:•- 1 : .i :: ly : ::: . : . (e) Severability. The provisions of this ordinance are severable. If any section of this ordinance is declared unconstitutional, illegal, or void, it shall not affect or impair any of the remaining sections of this ordinance. (f) Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. (ORD. 1997 -2; 2/13/97) [—End of Text 1 1 Mayor Walter W. Parker Reading: May 28, 1998 2nd Reading: June 11, 1998 Enacted: June 11, 1998 1 1 1 1 ORDINANCE # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 2 Government and Administration, Chapter 4 Personnel, Section 13 Leave Policies, be amended to read as follows: [Amending 2-4 -13 Leave Policies] (a) Annual leave. Annual leave is based on years of service to the city and is computed as follows: (1) Full -time employees. Employees in their first year of service earn one -half of a day per month, or six (6) workdays in the first year. Accumulation begins as soon as employment begins, but annual leave may not be taken until after three (3) months of continuous employment with the city. Employees with one or more years of continuous service earn leave at the rate of one day per month, or twelve (12) workdays per year. Employees with ten (10) or more years of continuous service earn leave at the rate of one and one -half (1 1/2) days per month, or eighteen (18) workdays per year. (2) Service Requirement: that month. Wolk (3) Vacation leave schedule. (I) Vacation leave shall be scheduled by the Department Heads, and approved by the City Manager, with particular attention to seniority of employees, departmental operating requirements, and insofar as possible, the requests of the employees. (II) Employees shall submit in writing a request for vacation leave to their department head prior to the desired vacation date. (III) Vacation leave may not be taken in increments of less than one -half day. (IV) Vacation leave may be accrued to a maximum of 30- days. (4) Pay in lieu of vacation leave. Any employee eligible for vacation time may elect to be paid for not more than 40 (forty) hours of accrued vacation leave once each year by notifying the appropriate department head on the form provided for this purpose, provided the employee has taken off a minimum 40 (forty) hours vacation prior to this request, during the same calendar year, and provided that permission is approved by both the department head and 1 1 (5) the City Manager. (Ord. 1998 -06; 2/26/1998) 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 Manager. (1992 -19 9/10/92) (6) The City recognizes the benefit of employees having time off for leisure and recreation. Department Heads and/or the City Manager may therefore require employees to utilize a maximum of forty hours vacation leave each calendar year as time off from work. (Ord. 1998- 06;2/26/98)(Ord. of 8- 12 -81, Sec. 13) (b) Sick leave. Sick leave is given to employees only for sound and valid reasons. It is so designed to meet necessary, emergency conditions of illness. Each department head has the authority to- approve or disapprove sick leave applications. 1k t) (1) Eligibility. An employee may be eligible for sick leave for the following reasons: a. Personal illness; b. Quarantine of an employee by physician; c. Illness in the immediate family requiring the employee to remain at home; 1 1 1 e. Appointments with physicians for self or dependents. All full time employees, and career employees serving temporarily in substitute or acting capacities, are eligible to accrue sick leave as described in (2) below. Temporary, seasonal, and part-time employees are not eligible for sick leave. ( 2) Sick leave for on -the -job injury. An employee who sustains an injury on the job must, at the time of the injury or as soon as possible thereafter, notify the supervisor on the forms provided. The appropriate department head shall review the case and make recommendations to the city manager or designate for appropriate compensation. If the injury necessitates the employee's absence from work, the employee shall receive only that compensation provided under workman's compensation. ( 3) Accrual of sick leave. Full -time eligible employees shall earn actin: sick leave at the rate of one (1) day per month, or twelve (12) days per year, and may accumulate unused sick leave indefinitely. Accumulation begins as soon as employment begins, but sick leave may not be taken until after three (3) months of continuous employment with the city. (4) Reporting of sick leave. An employee who is absent from work because of illness is responsible for reporting to the appropriate supervisor or department head at the designated reporting time on the day of absence, and will be expected to keep his supervisor or department head informed of his progress on a regular basis; such leave will be charged against sick leave. Where a relief employee is required in a department which must provide twenty -four (24) hours' sustained service, the employee, if possible, should report his absence two (2) hours before the designated reporting time. In the event of failure of compliance with this provision, the employee will be charged on the payroll with leave without pay. A physician's certificate may be required for sick leave absences of three (3) or more days. (5) Use of sick leave. Sick leave is not to be considered a right which an employee may use at his discretion, but a privilege not to be abused. Abuse or misuse of sick leave is a cause for disciplinary action since falsification of any information required by the City 1 and/or "absences without leave" are both causes for reprimand, suspension, and dismissal. Department heads who feel an employee is abusing the sick leave privilege may also require the employee to furnish a doctor's certificate for each period of absence regardless of the provision of ( 4) above. ( 6) Accumulated sick leave. An employee, upon separation from the city service, shall not receive payment for accumulated sick leave. ( 7) Extended Sick Leave .................. .................. In addition to sick leave earned , additional sick leave may be advanced up to a maximum of twelve (12) days with the approval of the City Manager. Extended sick leave will be granted, due to extraordinary circumstances, such as fora serious injury or disease, :. >:::> :::::_ oId+ .:; :::::.`:: > :> . Sick leave may not be advanced during a leave without pay status. Leave records will show a negative balance until normal accruals reduce the balance to zero. ( 8) Sick Leave Wellness Incentive. Employees who successfully undertake wellness programs are eligible for monetary incentives. Qualified wellness programs include weight reduction programs, stop smoking programs, preventive physical examinations, and similar wellness - promotion activities. Eligible employees may apply for monetary incentives by providing the City Manager receipts of expenditures made and proof of results achieved. Incentives payments shall be at the rate of three hundred percent of the value of sick leave hours surrendered by the employee to the city, at the discretion of the City Manager (c) Civil leave. An employee will be granted civil leave when it is necessary for the employee to answer a subpoena, perform emergency civilian duty for national defense, or serve on a jury. The employee will be paid his or her regular salary while on civil leave and such leave shall not count against vacation or sick leave. (d) Military leave. Employees may receive a leave of absence not to exceed fifteen (15) days for participation in the National Guard, Reserved Armed Forces or other military duty. The employee will be paid his or her regular salary during this period in accordance with Section 86.1109 of the Georgia Code Annotated. Request for leave shall be accompanied by a copy of the official orders requiring training or duty. (e) Maternity leave. Maternity leave may be charged to accumulated sick leave, vacation leave to the extent available, or may, at the 1 1 (Ord. of 8- 12 -81, Sec. 13) (h) Family Leave. It is the intent and policy of the City of Tybee Island to comply with the provisions of the "Family and Medical Leave Act of 1993," as it pertains to public agencies and individual employees. In the event the City's personnel policy should differ from the FMLA as passed or amended, the FMLA controls (a) Eligible employees may be provided up to 12 workweeks of unpaid leave during any 12 -month period for the birth of a child, or to care for an immediate family member with a serious health condition, or a serious health condition of the employee that makes him or her unable to perform the functions of his or her position, or for placement of a child for adoption or foster care. (b) Employees are eligible for Family and Medical Leave if they have worked at least 12 months for the City and for at least 1250 hours during the previous 12 month period. The City may require an employee to substitute any accrued leave for Family and Medical Leave. Employees returning from Family and Medical Leave are entitled to be returned to their previous position or an equivalent position. (c) While on Family and Medical Leave the City will maintain coverage of the employee's health care benefits for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. (d) Serious health conditions for which an employee is entitled to Family and Medical Leave are: illness, injuries, impairments, and physical or mental conditions involving impatient care in a hospital, hospice or residential medical care facility; or continuing treatment by a health care provider. [-- ---End of Text 1 ADOPTED THIS DAY OF , 199. Mayor Walter W. Parker lerk - st Reading: May 28, 1998 ounciL' 2nd Reading: June 11, 1998 Enacted: June 11, 1998