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HomeMy Public PortalAbout19981008CCMeeting1 1 1 1998 -10 -08 City Council Minutes Mayor Walter W. Parker called the October 8, 1998 Council meeting to order at 7:30 P.M. The following members of Council were present: Ed Merves, Jack Youmans, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City Manager Bill Farmer and City attorney Edward Hughes were also present. Council member Anne Monaghan was absent as she was out of town on vacation. Mr. Charlie Ray of #2 17th Street of the South Beach Condo Association requested that Council allow a building that is on the back of the lot to remain as a storage building as there is no place to put lawn chairs, tools, etc. except under the condos and that would take away the parking area. Zoning Administrator Byers said that she had the County inspector to check the building and there is no electric or water going to the building and that she believes it would be fine as a storage building. Byers said that there was a verbal agreement with Penn Myrick that before he received the C.O.s that the building would be removed and the deadline to have this complete is Monday, October 12, 1998 by 4:15 P.M. City Attorney Hughes asked if this building was shown on the site plan. Byers answered yes it was shown as habitable space on the site plan. Merves asked City Attorney Hughes if there is any legal problem that we can not allow the building to remain as a storage shed. Hughes said that is the reason he asked Byers if the building was on the site plan when Council accepted it. Mayor Parker opened the following public hearing, asked for comments, then closed the hearings according to law. Assistant City Manager Rowena Fripp presented the 1999 Budget explaining the handout that is a summary of the entire budget packet. Fripp said that the proposed 99 budget has been in the Tybee Island Library and in City Hall for public review for the past month as required by law. Fripp said on page one is there tax and fee rates and that the taxes for the 99 year are estimated on the 6.5 millage rate, there is a $1.00 a month per cart for garbage fee, and a 21% increase in the water sewer rates. Hosti asked why there is over $800,000 difference from 98 to 99 in the revenues. Fripp said that reflects the GEFA loan. Page two of the report shows the comparison of the CIP with the 99 budget request from each department. Page three is the total revenues for each fund and the total expenditures for each. Page four is the cost of a 5% raise for the employees. Pages five, six and seven are all sources of revenue requested by Youmans. Fripp stated that all figures are based on department heads concerns. The water sewer increase of 21% represents the anticipated increase in debt service. Byers stated that the Inspections Department do not foresee anything in 99 for the commercial areas. Fripp said that there is $15,000 for school improvements in the repair and maintenance line item under the Recreation/Parks & Park Buildings department. Merves asked what the anticipated surplus for 98 will be? Fripp said that the unreserved general funds should be about 1 million dollars at the end of 1998. Bill said the amount is about $1.3 Million, and should be about $1.5 Million at year's end. He pointed out that $150,000 of these reserves is shown as being incorporated into the general fund budget, line item 5600.6010, for fiscal year 1999. He noted that there is $220,000+ in contingency which somewhat offsets the use from the fund balance. Merves asked if there is anything that prevents using the money from the reserves and not raising water /sewer rates. Youmans said $200,000 is too much in contingencies, even 1 1 1 $50,000 is too much because it encourages people to come forward and ask the city to fund some private project. Contingency money should be only for dire emergency. Fripp said the proposed budget contains a GEFA SRF loan of $3 Million for the Waste Water Treatment Plant Upgrade and replacement of very old sanitary sewer lines. A rate increase may be necessary to qualify for the loan. Zoning Administrator Byers presented Patricia Henline's variance petition for a 6 foot setback on the front of the property located at 1304 Lovell Avenue PIN 4- 7 -16 -7 stating that this is needed in order to save an oak tree. Pearce said that he has gone by the property and that it is a lovely old oak tree and he appreciates someone trying to save the tree. There were no comments or questions asked. Mr. John Mendrala presented Council with the petition from Alexander/Wright for an extension of a non conforming use variance on an existing structure at 37 Pulaski Street PIN 4- 1 -1 -2. Menrela said that after meeting with Ms. Byers that they really would need setback variances on front, back and sides. Pearce asked if they planned to build on the battery and maintain the battery as base. Mendrala answered that they will float the house above the battery, but the ground level is difficult. Parker asked if a height variance will be requested in the future. Mendreal said that the plans are for 2 feet over the allowable height , but that they can be changed. Merves said that he admires the drawing and thinks it is a great idea. There were no questions or further comments. Mayor Parker opened the meeting for business legally presented to Council. Youmans moved that the building at # 2 17th Street be allowed to remain on the property to be used as a storage building. Merves seconded. Vote by Council was unanimous. Pearce moved to grant a front yard setback variance of 6 feet to Patricia Henline at 1304 Lovell in order to save a tree. Merves seconded. Vote by Council was unanimous. Merves moved to grant a variance for the extension of a non conforming use of property at 37 Pulaski Street. Youmans seconded. Vote by Council was unanimous. Peace moved to accept the September 24, 1998 minutes as written. Hosti seconded. Vote by Council was unanimous. Pearce moved to adopt a Resolution for the Better Home Town program. Anderson seconded. Vote by Council was unanimous. Mayor Parker requested that the City Attorney reactivate the Downtown Development Authority by creating a resolution for adoption at the October 22, 1998 meeting. Merves questioned why we are including all of Highway 80 and Butler Avenue. Youmans answered that there are 28 places of business between the curve and the 4 lane median. Mayor Parker said that this authority would allow business to apply for low cost loans. Hughes said that there is a Downtown Development Authority on the books. Hughes said that he can add a clause to the present authority, reactivate it, and change the areas for the next meeting. City Manager Farmer explained the correspondence from Stuart Stevens concerning the storm drainage grant for the Back River areas stating that the project has been selected and submitted to the National Oceanic and Atmosphere Administration for their approval. Final approval should take place in mid to late September with funding made available October 1, 1998. Merves asked how much is the grant? Farmer said 1 1 1 $25,000 and that is about 1/3 of the cost of the work done. Youmans moved to approve the request from Fred DeBorde to barricade a portion of Solomon from Jones Avenue west for 60 feet. Anderson seconded. Parker said that the portion of Jones from Highway 80 to Solomon Avenue needs paving. Farmer stated that the City has applied to DOT for them to pay 40% of the cost of the paving of Jones Avenue. Merves said that he would like to see property owner present a drawing of what they are requesting and that all owners on Solomon Avenue be notified. Hosti said that you can really see a difference on the portion that is closed. Hughes said that if Council elects to approve this request that it should be the same way that the first portion of Solomon was done on a temporary basis. Byers said that if approved that the residents will have to pay for backdoor pickup of garbage. Vote by Council was 3 in favor (Youmans, Anderson, Hosti); 2 abstained ( Merves, Pearce). Merves said that he would like to see more information. No action was taken on the request for relief from a parking ticket from Mrs. Millie Barnes. Mayor Parker recognized Ms. Byers who wished to address Council on the leave policy ordinance and the fringe benefits policy concerning part time employees. Byers said that at the last meeting that each Councilmember has a petition signed by 29 full time employees asking that there be no change to the ordinances but that Council passed the first reading on a unanimous vote. Byers said that 2 employees who are covered by insurance on their spouses' policy have already signed back up with the City insurance policy, this is a cost of approximately $3,400 a year. Parker said that the City has never had a problem of hiring part time employees. Byers said that the employees keep hearing from Farmer if we do this or do that to save money then the money can be used for raises that the employees have not seen this year so far. Hosti asked why the full time employees want to begrudge the part time employee benefits. Farmer said that there are 4 part time employees to consider and that their jobs do not require full time employment. Hosti said that none of the full time employees complained about the big raises they got last year. Byers stated that the jailer was full time at one time and had benefits but he elected to go to part time status in order to get all his overtime pay. Brown said that she had check with the municipalities in Chatham and no one gives benefits to part time employees. Youmans asked why do part time employees get paid more money than full time employees. Hosti moved to adopt Section 2 -4-13 Leave Policies on its second reading. Anderson seconded. Vote by Council was 4 in favor ( Merves, Anderson, Hosti, Pearce); 1 opposed (Youmans). Anderson moved to adopt Section 2 -4 -18 (b) Employee Finge Benefits in its second reading. Hosti seconded. Vote by Council was 4 in favor (Merves, Anderson, Hosti, Pearce); 1 opposed (Youmans). Pearce moved to adopt Section 3-2 -59 When tax due and payable; effect of transacting business when tax delinquent on its second reading. Anderson seconded. Vote by Council was unanimous. Pearce moved to adopt Section 9 -1 -8 Duration of license; renewal on its second reading. Hosti seconded. Vote by Council was 4 in favor (Merves, Anderson, Hosti, Pearce); 1 opposed (Youmans). Pearce moved to adopt Section 9 -1 -9 Casual and isolated activity on its 1 1 1 second reading. Anderson second. It was noted that paragraph (d) had been removed at the request of the Council. Vote by Council was unanimous. Farmer presented Council with suggestions for changes in the parking ticket and decal fees. $6.00 to $8.00; $9.00 to $12.00; keeping $15.00, $25.00 and $35.00 the same; raising the decal purchase price to $60.00 from $50.00. Youmans said that at a prior meeting Council was told that the parking revenues were $90,000 ahead of last years income already. Youmans moved to leave fines and decal as it is now. There was no second to this motion. Parker asked Farmer for more details and to bring back to the next meeting. Bill Farmer reviewed the latest developments in the beach erosion control project for the Councilmembers, explaining that conceptual approval is needed for changes outlined in an October 7th letter from Erik Olsen. He said that the value engineering sessions sponsored by the Corps of Engineers over the past few months led to their hiring Olsen Associates, Inc. to make a recommendation regarding the Second Street/U S 80 erosion hotspot. He said two major decisions are being brought forward: 1) an additional groin (making a total of 8) in the Back River area, extending from Inlet Avenue to the area of the public fishing pier, and 2) a wider beach with no groin at Second Street, with more frequent renourishment, hopefully coming from a partnership with GPA's dredging operations. He stated that the prediction, based on modeling, is that the sand will be gone in 4 to 5 years, and noted that renourishments have taken place at an average interval of 7 years. He added that the COE will investigate the enlongating of the federal North Terminal Groin to lengthen the time the sand remains, and thus the need for renourishment. He said the city plans to apply to the GA DNR for CZM funds to study the north groin question. Councihnan Merves said that 2 or 3 months ago the city had seen a plan calling for 3 groins in the Second Street area. Dr. Farmer said the reason for the change is due to the possible adverse impact northward past the groin field. Councilman Hosti said he believes the engineers just don't want to put themselves out of a job so they prefer a temporary solution. Councilman Merves said they're not giving us a plan. Councilman Youmans said we've paid a ton of money to Olsen to tell us what to do about Second Street, and reminded Council of his stand earlier this year when the Corps wanted a fast track and he held firm for some guarantees concerning 2nd Street but Council voted otherwise. Mayor Parker said you never know how these projects will turn out, citing the sand which has stayed in the center part of the beach from about 8th to 12th Streets since the first renourishment in the 70s. He said there isn't enough money to build the series of groins to mitigate possible adverse effects on the beach area just north of where the groins stop. Councihnan Youmans did not like the change of mind by Erik Olsen, who, in an earlier letter, advocated that one of the three groins in the preliminary design be moved slightly northward. Councilman Merves agreed, saying that it seems to be an 180 -degree turnaround. Councilman Pearce said he is inclined to approve the recommendation of the engineers, seeing that none of the Council has engineering experience, but does not believe Council agrees with him. He suggested that the engineers be invited to make a presentation at the next meeting. Councilman Merves said he'd like to hear from Mr. Olsen, in writing or in person. Farmer explained the emergency sewer line repair need on 10 Street. Farmer said the cost of this is $36,255 and will be paid out of the water sewer reserved funds. 1 1 Southeast Pipe Survey will do the project. Pearce moved to approve. Hosti seconded. Vote by Council was 4 in favor (Merves, Anderson, Hosti, Pearce); 1 opposed (Youmans). Hosti moved to go into executive session to discuss litigation. Anderson seconded. Mayor Parker reconvened the regular meeting and as there was no further business to come before Council the meeting was adjourned at 9:03 P.M. Mayor Walter W. Parker „) W\-A,, Clerk of Council, jrb Assistant City Manager, rbf 1 1 R E S O L U T 1 I 0 N WHEREAS, Georgia's Better Hometown Program is a public - private effort created to assist small cities of Georgia; and WHEREAS, It is a self -help community development program intended to revitalize small cities of populations between 1,000 and 5,000, primarily sponsored by the Georgia Department of Community Affairs and the Georgia Power Company; and WHEREAS, The program develops vision and leadership through planning and implementation, using ideas similar to those of the Georgia Main Street Program; and WHEREAS, The Georgia Better Hometown focuses on a four point program emphasizing economic restructuring, design, organization and promotion; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE CITY OF TYBEE ISLAND WILL MAKE APPLICATION TO PARTICIPATE IN THE GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS BETTER HOMETOWN PROGRAM; AND BE IT FURTHER RESOLVED THAT THE FY 1999 CITY BUDGET WILL INCLUDE AN ALLOCATION TO SUPPORT THIS ENDEAVOR. This 8th Day of October, 1999. Clerk of Counc 1 1 1 ORDINANCE # 1998 -19 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 Policy, to 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 . to ees 'R ' 1 ::: t d Full -time em o ees Em P y it first year of service earn one -half of a day per month '`I, 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. (1998 -19; 10/8/98) (2) Service Requirement: Vacation leave is earned during any month in which the employee is at work at least one -half the work days within that month.(Ord. 1998 -14; 6/11/98) (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 the City Manager (Ord. 1998 -06; 2/26/1998) (5) 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) ....................... :f> • wat ...:::: : iY:�iri:.:�y:�y��5;5:..:: i��: •isi{{ti "i:::j::i:•�:iri� ::i• :' :i: •: :::.i'y- •:� :.:::............. .: .::.::51::�.:::>:::.:: ;.:yr.•� �•::x•:: ;.�:•:::::;: •.:.:i;::::: :::::. :.Si::.:ii3iii::::;i =i:•i i:�: .: �•::•:•.•,.,:-,:• '. °.• i•':•,:•,: isi:`::: Li:•: }i ?iiii::::i::i::i:::.t, -..:.:.ii �:..: ;:.:::::: ::: ::.:.:: ••:' :<::;::: i•: i::i ::i::i::ii•:•::.:k:::iii::; �:i'• :i::ii -• ; :::::.: ::::: :::::,.: :::::.. ;x'.:..::::.::. ;:..:...:., (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. Sick leave shall not be abused; it is to be used as insurance for salary continuation in the event an employee becomes ill and is unable to work.(Ord. 1998 -14; 6/11/98) ( 1) Eligibility. An employee may be eligible for sick leave for the following reasons: 1 a. Personal illness; b. Quarantine of an employee by physician; c. Illness in the immediate family requiring the employee to remain at home; d. Death of a member of employee's immediate fancily. Immediate family shall mean spouse, parent, siblings, children, grandchildren, grandparents, or any other relative whom it can be demonstrated is a member of the employee's /individual's household.(Ord. 1998 -14; 6/11/98) 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 -el le:: shall accure sick leave at the rate of one (1) day per month, or twelve (12) days per year, and may accumulate unused sick leave indefinitely.(Ord. 1998 -14; 6/11/98)(1998 -19; 10/8/98) b. 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. c.Sick leave is accrued during any month in which the employee is at work at least one -half the work days within that month. (Ord. 1998 -14; 6/11/98) ( 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 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 accured, 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 only due to extraordinary circumstances, such as for a serious injury or disease, ( heart attack, cancer treatment, not for a cold, headache, or flu). 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. (Ord. 1998 -14; 6/11/98) ( 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. • 1 1 tiattioliv lag (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 option of the employee, be taken without pay. The same procedures for sick leave, vacation leave and leave without pay shall apply where appropriate. (f) Leave without pay. ( 1) Generally. When it is deemed in the best interest of the employee and the city, a permanent status career employee may be granted leave without pay for personal or other reasons, provided such leave is recommended by the department head and approved by the City Manager. Non - career employees are not eligible for grants of leave without pay. Leave without pay shall not exceed one year. ( 2) Valid reasons. Valid reasons shall include, but not be confined to, the following: Prolonged illness or disability of the employee or a member of the employee's household, educational or training enrichment, pregnancy and childbirth, and 1 1 military service. ( 3) Procedure for requesting leave without pay. Application for leave without pay shall be submitted in writing in advance, showing the employee's reason for requesting such leave and shall contain a statement that he intends to return to the city service upon expiration of such leave and that he agrees to the terms and conditions as outlined in these policies. In emergency situations, when an employee does not have accrued leave and is unable to return to work as scheduled as a result of illness or emergency reasons, his department may recommend approval of the granting of leave without pay without prior application by the employee, or the personnel officer may investigate and make such recommendations in the absence of the department head. ( 4) Temporary filling of position of employee on leave without pay. During the employee's approved leave of absence, his position may be filled by the temporary appointment of a substitute. At the expiration of leave without pay, the employee (subject to (5) below) shall be reinstated in his former position, and the substitute employee returned to his former position without loss of status or benefits. ( 5) Rights of employee on leave without pay; reinstatement in former position. Employees granted leave without pay not exceeding two (2) calendar months shall be entitled to reinstatement in their former position. For employees granted leave without pay exceeding two (2) calendar months, every effort will be made to return the employee to his former position or a comparable one. He shall be listed on reemployment lists in the same manner as employees who are laid off in good standing. (g) Holiday leave... The.city_observes tfieg paid holidays each year€# `_:.: :...............:.: :::::: New Year's Day; Presidents Day; Mayor's Employee Appreciation Day (March 17); Memorial Day; Independence Day; Labor Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day; (2) In addition to the above, each employee has the option of observing Dr. Martin Luther King's Birthday or receiving a paid holiday for their own birthday. If an employee elects to take his own birthday, the day off must be taken within three (3) days of the actual birthday date. (3) When a holiday falls on a Saturday, it is observed on the Friday before. If it falls on Sunday, it is observed on the following Monday. (4) Uninterrupted continuation of service is required of some city departments. Consequently, the work schedule of employees in those departments sometimes necessitates work on authorized holidays. Holiday leave for these employees shall be administered as follows: Employees who work on an authorized holiday shall be granted a workday of leave with pay at a later date to be determined by the appropriate department head. immiy* ask" tang- ::::::...+• W��.'.'.:.'.'- ��- '- '- '- •'•" -.i: i'r'r:•: iiii:i viii ?: iiiii:: iiiii iii::: :.i:::4ii :: bii:�.:vi::.i..: :...:. -:.v :v...q::::: : :.i.::::: : -ii (Ord. of 8- 12 -81, Sec. 13)(1998 -19; 10/8/98) (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 ---- -] ADOPTED THIS 10th DAY OF October, 1998. Mayor Walter W. Parker it Reading: 9/24/98 2nd Reading: 10/8/98 Enacted: 10/8/98 1 1 1 ORDINANCE # 1998 -20 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 18 Employee Fringe Benefits, be amended to read as follows: [Amending 2-4 -18 Employee Fringe Benefits] (a) Retirement system. Provisions for retirement systems for city employees shall be as outlined in any retirement ordinance passed or amended by the mayor and council. (b) Insurance benefits. Provisions for group insurance and group medical coverage for employees shall be as outlined in existing group contracts and plans, or as they may be amended. .v: jj'::• }}�:':.iL:ii �: iii}::•:::::: i�-{ r.:i:`•�i:} :':(:iY'�..........y +:$ti`: �:- .'•i ?i$ }':i} iii: � :::�`y:•y }:• }:• }� }i:• } } : :::• :.• !ii�iii'ii7:i. f••'- '' : \:: • 44,440.0. {::• \4 4:::::. :..ev:,,v.T...........a........ tfigiiiii:::::::::::m„:::„:::::iti::::::c..:::::::::::: War itail.:.:, ..., liato:::::::E:Kiliiiiiiiiiii,;........:::::PPMPOteli...:::4„::::::::::L.::.;;L::hrom-771.. . :g::::z...:::::::...:44041200-Vig"ii:AfailiSiiirjr. :11A• - :::::::M*.s%i•ii:Witit:11"1"'::-.::*z.:.11.ii!iift....::ff:':* -,::::::10::::::§§10,:ilz-- - , .itl4-":-F---:-:::.:.ii.:,oirnwr4"1lMitf:L:m::*K:;,:):o::::::K::...T.::::;L::::::::::::::K--::,,,, .:::14::::::::::.:::i::3; •:::4:: - -.. ,:::., :: .,..: - -:ice _ :..:�`.r :-: ., ,:::::::::.,.::.: :'r.:.:,..i ' ? ? ? }.: }: -- }:; }•: • :: ?a: :'.;: i?- x}'•}.?.}: i�;:.: i. ; } :i:x : ::ii:S:.:::;i:;:::-5 ::i: •i:;i :;J - ' ?::::;i.;;;i::. }.:i:;jy:: - =::j;: - ;'t.`i ;� :�;:;i:;�;::ai:.;.. ....-,.:_;t. > }: \:.ti.•t: }:,,,x•: ::: }:.:i�Y ai•'} ..: ti ?•iii: {::: iiiii :• }::::,,w:::::::::w:.�.�:::• ,t.:::::::::: ••:xv:. 4.::350.::x-.::::::. �? -.• .:}.'+: Jittii?:.?>: Qii•}: i}:•}:}'.•}}:.:' r' i} ti}:•,•,.••,•'.•'.,.,,.•,'.: y::::: :•::::.:..:•: {ti• }}£::::: :::.•:. •: :�: ••.t•.•�•.•.••.•f.•:.. ,•, :i,,,,, d•3:ix-}.; }: : >;'.::v %:•y.: }' ?;:.{ y?-? ih:: i•:,}?? yx-:.:= i} ri:}: d}:? i•:? ii ;'.fi:• }Y.:'i ?•'^.iY,.$..: :a.v: : .�t...vM1.::..•.veS::::::.:.sv: (c) Uniforms and equipment. Uniforms for police and fire department employees and such other employees as the City Manager may authorize and may be furnished by the city. Equipment deemed necessary and essential to job performance may also be furnished if authorized by the City Manager. [—End of Text --] (Ord. of 8- 12-81, Sec.18) 1 1 1 ADOPTED„ 8th DA a.ber, 1998. Mayor Walter W. Parker 1st Reading: 9/24/98 2nd Reading: 10/8/98 Enacted: 10/8/98 1 1 ORDINANCE # 1998 -21 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 3 Finance and Taxation, Chapter 2 Taxation and Revenue, Section 59 When tax due and payable; Effect of transacting business when tax delinquent, be amended to read as follows: [Amending 3 -2 -59 When Tax Due and Payable; Effect of Transacting Business When Tax Delinquent.] (A) - occupation -#m- -be - €ef- the-calendaf 1995 -and-suc g-calendar-- -yeaf-and-sba117 subject 4e -a -penalty -e€4 n- percent -(1O%)-fec -delinquency:. - On-any - won 4fadeF -er- g -i -the city -in 1995- ef-s-uccee years-therealteri-the -be- prufessiei e,-ef -in -the -a ef-July 4-; -be-c- ged-a-half-lieu -fef- by a id-r - eF -eeet ientan- beeemes-elelinque*- saet- er- effef4e4Eansact7 4he- be- pinished-by- a -fine-er-i isenment 4e-exeeed-# -ef •::.L:•3:•..;. •3 .�y�, • :•3t: fY Q`. 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[-----End of Text ---- -1 ADOPTED THIS 8th DAY OF October, 1998. Mayor Walter W. Parker : 9/24/98 2nd Reading: 10/8/98 Enacted: 10/8/98 1 ORDINANCE # 1998 -22 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 1 General Provisions, Section 8 Duration of License; Renewal, be amended to read as follows: [Amending 9 -1 -8 DURATION OF LICENSE; RENEWAL] (a) Any license referred to in this chapter shall automatically expire on December 31 of the year of its issuance. (b) Each licensee shall make a written application for renewal on forms supplied by the �� Cam? no later than January 1 of each calendar year, which application may require substantially the same information as an initial application. The renewed license shall be issued or denied on the same basis as the original with the requirement that any additional lawful provisions of this Code in effect at the time of renewal must also be met. (Ord. No. 4 -1984, 4- 5 -84). (c) Deliquent license fees. Every person holding a business license as specified in this article shall secure that license within ninety(90) days after January first of each year, -ef -and pay for same as herein provided. Failure to secure the license within the time allocated will result in a MOM fee which shall be assessed at ten percent (10 %) of the value of the license. (1997 -67; 8/14/97)(1998 -22; 10/8/98) [—End of Text ---] ADOPTED THIS 8th DAY OF October, 1998. ayor Walter W. Parker Reading: 9/24/98 2nd Reading: 10/8/98 Enacted: 10/8/98 ORDINANCE # 1998 -23 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 1, Section Casual and Isolated Activity, be amended to read as follows: [Amending 9 -1 -9 CASUAL AND ISOLATED ACTIVITY.] } }3$$}: ii: :r: } } }2C}` -' :iii: ' : :i : <777iiii::'• } }`} :{ :'{•:p•;i: Wtha .::.:.:.:.:.:.:i.i.;r3• .....x...il : Vry :: .....: . .�yY} ii .: . .' ...� ...: :X �v . .,• %E :.•d':f •:,.1 '. r - . 4 .. i .... : v {i: i:: F.•..... . ....................•.....•.•.... r.: ............n ••{:: '......,,,.. , v,:,:,.•.•::v.: :•i•.: :Y:i:• i. i:• i:• i:•ii•:.:.:.:.:..v: ::::::. . :..:�:xi: v x: ::i\ i:ii: :v.. ::: �.:.: -{ ,r t . :;{;: : .::: „v: ..{ ../t :}:::•.:}2 {r r{ : :}}} i : {{ .{{::.???'.;. Y.: ::•i:•ii \y:•: {:iy`.L1Y`.: +r':Fj S }S::W.; w'Fv' , ,:. ::ate. '. µ,�':::.. '`......:?•`:'. {;.,vo;:; :;:.;:r:r :•: {;:::c.� :.::'•:i�:i:`:.:;ii }::>:; i:: .::iiii::i:; { }:�::�:$ >::= }?i� :' .... •:n :: [—End of Text ----] ADOPTED THIS 8th DAY OF October, 1998. Mayor Walter W. Parker 1st : 9/24/98 2nd Reading: 10/8/98 Enacted: 10/8/98 1 PROCLAMATION Proposed World Population Awareness Week WHEREAS, state and local governments, including the City of Tybee Island, Georgia are confronted with environmental and societal challenges such as diminishing farmland, water shortages, traffic congestion, inner city decay, curtailment of basic services, climate change and the spread of infectious diseases; WHEREAS, these challenges are inextricably linked to patterns of considerable demographic change, such as areas west of the Mississippi River doubling in population size as rapidly as Africa, the world's fastest growing region; WHEREAS, urban areas have historically served as centers of trade, transportation, industry and markets providing the economic and cultural diversity and vitality that often define the very nation or region in which they are located; WHEREAS, the detrimental aspects of urbanization are most severe in developing countries, where grinding poverty and lack of resources compound their impact, but industrialized countries, with their consumptive lifestyles, are also extremely vulnerable to their consequences; WHEREAS, urban areas of the industrialized world are expected to absorb over one billion additional people in the final quarter of the 20th century and another two billion in the first quarter of the 21st century; WHEREAS, since the mid - twentieth century, the world's urban population has grown from 750 million. or 30 percent of the world total, to 2.28 billion, or 43 percent of the total; WHEREAS. over 50 percent of the world's more than six billion people are expected to live in urban areas early in the next century, and by the year 2020 urban population is expected to exceed five billion, or 61 percent of the world total; WHEREAS, urbanization worldwide may be the most distinctive and significant demographic characteristic of this century and for the foreseeable future: WHEREAS, the challenges of rapid population growth and urbanization call for innovative leadership to ensure resource conservation, protection of open space, waste prevention, sanitation management and a higher quality of life; NOW, THEREFORE, I Walter W. Parker, Mayor of the City of Tybee Island proclaim the week of October 25 through October 31, World Population Awareness Week and call upon all citizens thereof to reflect upon these challenges and seek rational, humanitarian, community -based solutions. Adopted this 9th day of October, 1998. Mayor Walter W. Parker