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HomeMy Public PortalAbout20000113CCMeeting1 1 1 @ @ITEM 2000 -01 -13 City Council Minutes Mayor Walter Parker called the January 13, 2000 City Council meeting to order at 7:30 P.M. with the following members of Council present: James G. Burke, Jr., Jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Attorney Hughes and City Manager Bill Farmer were present. Both Henry Levy and Whitley Reynolds asked Council to be very careful about accepting site plan and contract for the gym as there are many things that need checking on like the doors are not wide enough, the type of board used in the activity room and that the building does not look like Tybee. Ed Merves informed Council that there is now a Tybee Island YMCA Board of Directors. Merves said that he is the president and that there are 15 Tybee residents on the board. There will be minutes provided of the meeting and also a budget. Merves asked that Council appoint one of their members to sit in on the meetings as a non - voting member. Merves told Council that there will be fund- raisers and that the money raised would stay on Tybee and would be presented to the City for the skateboard park fund. Merves urged Council to continue with the process for the gym/pool complex. Sandra Luxenburg addressed Council on her concerns of the drainage problems in her areas and said that the area flood due to the filling in of other property around her property without a permit. She said that Farmer took her to Bargeron and he said that it is not necessary because it is a private road and that they don't have to follow the ordinances. Byers said that on a single family that the drainage is shown by arrows. Pearce said the ordinance states very clearly that no one can build if it has an adverse effect on others property. Denny McNeely spoke against the gym/pool complex and believes that Council should rethink the idea. McNeely said that we will lose green space and that the maintenance on the facility would be a drain on the taxpayers. Mayor Parker thanked all the effort put into the great success of the Inaugural Ball. The Mayor then introduced the new Council. Mayor Parker asked if any member would like to amend or approve the agenda. Farmer said that he has 2 additional items: Elect a Mayor Pro Tem and the approval of his designation of an acting city manager. The Mayor opened the following Public Hearings, asked for comments and closed them according to the laws of Georgia and the Tybee Island Code of Ordinances. The first hearing was for Matthew Hess Lot 4, Bay Ward, Bay Street, PIN 4 -22 -1- 17 for a minor subdivision. Hess requested that this hearing be postponed. The Mayor said that because it was advertised that Council would hear comments from the audience at this time. Henry Levy said that the application package was not complete, it lacks a drainage plan, a tree survey and approval from the CORP. Farmer presented the proposed ordinance changes in the Tree Removal Regulation from the LDC. After a lengthy discussion the Mayor requested that the Planning Commission be given the task to look at the ordinances again. Pearce said that at the Planning Commission meeting that he recommended that they table and to look at it again. Pearce stated that it is premature to take any action at this time. Levy said that the Planning Commission voted to table 5 to 0 and that the ordinances should be simple and easy to understand. 1 1 Michael Ryan presented Council with a petition for a minor subdivision at 1106 Butler Avenue PIN 4- 7 -2 -2. Ryan said the lot is 70 feet wide and 150 feet deep and that a single - family structure is already on half the lot. Ryan said that he is trying to save a 42 -inch live oak. Pearce asked if the single-family house was going to remain? Ryan answered yes. O'Brien asked if all the setback requirements are met on lot 69A? Ryan answered yes. Sessions asked if Ryan would mind if the forester that Bargeron knows comes down and look at the tree? Ryan said that it would be fine with him. Levy said that the Planning Commission recommended approval of the subdivision and applauds Ryan's efforts to save the tree. Mayor Parker opened the meeting for business legally presented. The Mayor stated that Council decided to table and to return the tree ordinance back to the Planning Commission. Youmans questioned about the appointments to the C -2 Committee stating that Council has never approved the list of volunteers. Youmans moved to approve the minor subdivision for Michael Ryan at 1106 Butler Avenue. Burke seconded. Vote by Council was unanimous. Russell Gross gave Council the background on the variances requested for the Sugar Shack that was presented at the December 9th Council meeting. Council voted to table because of the parking. Gross said that they have dropped the plan to pave the parking area. Gross said that the Planning Commission recommended that a privacy wall be placed on the back property line and leave the parking lot unpaved. Byers said that Council voted to continue and not table. Pearce stated that he is still not convinced that the front setback variance is a hardship. Gross said that the sun is hot and it would be shelter for the customers. Levy said that the Planning Commission voted 4 in favor to approve and 1 opposed on the condition that a privacy fence be erected and no paving of the parking lot. Youmans moved to approve. Burke seconded. Hughes said that even through two members of Council were on the Planning Commission in December and heard and voted on this issue that he sees no problem that the entire Council could not vote at this time. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Motion failed. Pearce moved to grant the side and rear variance request but not the front. Monaghan seconded. Burke said that the front is causing the biggest problem. Pearce said the hardship does not fit. Youmans said to go there and sit at the concrete table in the hot sun or the rain. Sessions stated that the other restaurants did not have other option but that the Sugar Shack can expand or use umbrellas. Parker asked if they need a variance to cover the patio that is already there and has been for years. Hughes answered yes. Council vote was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Youmans and Burke). Pearce moved to appoint Anne Monaghan Mayor Pro Tem. O'Brien seconded. Vote by Council was unanimous. Farmer presented Council and the Clerk of Council with a letter requesting that Chief Jim Price be appointed acting City Manager when he is not present. Pearce moved to approve the appointment. Monaghan seconded. Parker asked if this is according to the Charter. Hughes answered he doesn't think any reason that the Police Chief doesn't fit the category. Youmans said that Price is not a qualified city administrative officer and does not qualify. Burke mentioned the Clerk of Council. Youmans said you need someone who knows what is going on. Hughes said that it was a Council call. Farmer said that when you try to pick someone you look at their 1 1 temperament, knowledge and he thinks that Price will do a good job, he has been employed for 20 years and is the second highest paid employee in the City. Council vote was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Monaghan moved to accept the minutes as presented. Pearce seconded. Brown said that the minutes have been corrected by an error she made by omitting the action of the detached duplexes. Vote by Council was 5 in favor (Burke, Youmans, Monaghan, O'Brien and Pearce); 1 abstained (Sessions). Farmer explained that the results of the goal setting meeting were in the Council packet. Parker asked Council to review and be ready to act on them at the January 27th meeting. Monaghan stated that the goal setting meeting was excellent and that a retreat off of Tybee is needed so that the Council can learn to work as a team. Monaghan said that the money can be found in the budget. Parker asked each member to let him know their thoughts and when it would be a good time for them. Farmer explained the wage scale /position classification schedule changes to Council stating that they need to be balanced. Some employees are right on target with other data in the state. Parker asked Farmer what is the impact on the City budget? Farmer said that a laborer in DPW, a foreman in DPW, the parking director, and the MSI director need to be upped one grade. Youmans said that a lot of time has been put into this study. Burke said that all of these figures are higher than the City of Savannah. Farmer said that surprises him. Sessions said that this is across the board and not a merit or COLA. Farmer said wage scale shift, merit increase, COLA and promotions are the ways that employees can be given raises. Farmer said that he recommends Alternative #1 that would be a 10% across the board. Parker said that he is confused and would like time to study information. O'Brien said to postpone until Council has comparable information. The merit adjustment for the City Manager and the Clerk of Council was the next item on the agenda. Brown said that she has only 1 or 2 evaluations from the Councilmembers. Farmer said that a decision can be based without the forms. Parker asked Council to do the evaluations. Farmer explained the city employee wage adjustments request to Council. Monaghan asked what impact would this have on the 2000 budget. Parker also asked for the costs of the increase. Farmer said that he would have to go through the steps. Parker asked again what is the impact on the entire proposal for the budget. Farmer answered about $90,000. Burke asked where the money would come from? Farmer said contingency, fund balance or either a budget adjustment. Youmans said that there is not enough in contingency. Brown requested a 2.5% COLA for all employees explaining that the consumer index was at 2.4% in last October. In order to stay on the step and pay plan Brown requested the 2.5. Farmer asked if the police officers would be included in this COLA since they received a $2.00 an hour wage adjustment in December. Youmans answered yes; otherwise they will start going back to the same thing we had before. Pearce moved to approve the 2.5% COLA for all employees. O'Brien seconded. Vote by Council was unanimous. Council appointed Jenny Orr and Rachel Perkins to fill the un- expired terms of Pam O'Brien and Shirley Sessions on the Planning Commission. Their terms will end 1 1 January 31, 2001. (Results of ballots attached and become part of these minutes) Dennis Hutton, Margaret Jean McDowell, Stephen Turner and Henry Levy were appointed to a two -year tem ending January 31, 2002. (Results of ballots are attached and become a part of these minutes) Pearce moved to approve Section 2 -1 -3 Signing of Checks on its first reading. Monaghan seconded. Vote by Council 5 in favor (Youmans, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Burke). Pearce moved to adopt Section 6 -3 -1 Water Sewer charges on its first reading. Monaghan seconded. Vote by Council was 3 in favor (Monaghan, O'Brien and Pearce); 3 opposed (Burke, Youmans and Sessions). Mayor Parker broke the tie by voting to oppose the ordinance. Motion failed. Burke moved to have Hughes do an ordinance amendment to the section that refers to adjustments to the water /sewer bills by adding that the entire bill will be adjusted not just the sewer portion because of a busted pipe to be presented for first reading at the January 27th meeting. Pearce seconded. Vote by Council was unanimous. Council took no action on Section 6 -1 -22 Water Sewer Loan Fund. Mayor Parker called a 5- minute break. O'Brien moved to approve the request from Jason A. Dallara to name the lane between Tybrisa and Atlantic next to the Old Wilson Hotel to Blanco Lane but to drop the 6 -month requirement on the paving. Pearce seconded. Hughes explained about the tax sale purchase by Dallara from the City and O'Dell from the County. Monaghan asked about the cost of the paving. Farmer answered about 3 to 4 thousand. Dallara has donated a check for $1,000. towards the paving. Vote by Council was unanimous. Youmans said that at the last meeting that Council voted to abolish the position of the Assistant City Manager and stated that the City Manager should be doing this job. Youmans said that it is slap in the face to City Council that Farmer is trying to pull something and that it is time to get a new city manager. Burke moved to get a new city manager. Youmans seconded. Youmans said that Ro was the City Administrator before this form of government was passed and that she did not need help. Parker agrees. Parker said that the motion was out of order. Hughes said that the motion was made and seconded. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Motion failed. Burke questioned why do we have to borrow all this money when we have an 11 million dollar budget. Farmer asked Burke to come in and he would explain in detail. Farmer said that the City Council approves revenues and expenses. Burke said that the City Manager should show where the City can save money. Farmer told Burke to look at the past two years of history. Sessions asked if a workshop could be held and an overall view of the budget be explained. Parker said that he had no problem with that idea. Pearce said that the prior Council passed the 2000 budget. Cpl. Chris Case explained Section 10 -1 -41 Golf Carts proposed for a new addition to the Code. Monaghan moved to have Hughes refine the ordinance, then get approval from DOT and to accept this as first reading. Pearce seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). 1 1 Monaghan moved to change Section 2 -1 -11 Regular and Special Meetings to read 1 meeting a month with that meeting staring at 7:00 P.M. and that the meeting be held on the second Thursday of each month on first reading. Pearce seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Monaghan moved to have a maximum on the number of public hearings that can be heard at a meeting and to allow the Mayor or the City Manager to approve agenda in order to have better control of the number of items on the agenda. Pearce seconded. Hughes said that he does not think that Council can allow City Manager to control the agenda items. Monaghan withdrew her motion. Pearce moved that his proposals for procedures for zoning actions be given to Hughes for any ordinance changes necessary and that these be ready for the next meeting. Monaghan seconded. Hughes said that he can do the changes as requested but that you will have to redo the system. Youmans said that this is another case in which the City is trying to hinder people from doing what they want with their property. O'Brien said that the body should see the complete application. Youmans said this way it could take 6 months to get a building permit. Denny McNeely said that the Planning Commission should be elected officials just like the Council. Levy asked Hughes to give the Planning Commission members some instructions of where they are liable. Hughes answered that if they follow the rules and the ordinances then they should be immune. Byers mentioned that the RDC will hold a workshop for the Planning Commission member and she thinks that the Mayor and Council should attend also. Hughes said that the public hearing is before Council and that is the one that counts. Hughes stated that a lot of people come to the Planning Conunission meeting and not to the Council meeting to voice their opinions. Hughes said that the Planning Commission is suppose to solve some of the problems before it comes before Council. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Hughes will advertise the public hearings when the ordinance is ready. Pearce moved to relocate the Lifeguard Station subject to DNR and if the funds can be found elsewhere. After discussion Pearce said he was willing to drop the condition on DNR from his motion. Monaghan seconded. Sessions said that she supports the MSC 150% but has concerns and that we need to make sure this is ok. Burke asked if the Council could wait on making a decision until further information is made available. Vote by Council was 3 in favor (Monaghan, O'Brien and Pearce); 3 opposed (Burke, Youmans and Sessions). Parker broke the tie by opposing the motion. O'Brien moved to keep the GEFA loan for the water storage tank at the 4.55% interest rate and to continue with the 79 quarterly payments and when the City needs to borrow the 2 million for the Sewer plant and if the interest rate is lower then pay off the GEFA loan. Pearce seconded. Youmans said that when the items are budgeted and then they are purchased on credit then the budgeted money is spent on something else. Vote by Council was 5 in favor (Youmans, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Burke). Youmans withdrew his vote. Council delayed action on the gym pool complex and on the City Charter review by Hughes. 1 Pearce moved to adopt Section 5 -4 -8 Storm Water Runoff Quantity Control on its second reading. O'Brien seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce moved to adopt Section 5 -4 -9 Prohibition on its second reading. Monaghan seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce moved to go into closed session to discuss personnel and litigation issues. Monaghan seconded. Vote by Council was unanimous. Pearce moved to reopen the regular meeting. Monaghan seconded. There being no further business to come before Council the Mayor adjourned the meeting at 11:30 P.M. Clerk of Council Mayor Walter W. Parker Mayor Walter W. Parker City Council Donald E. Anderson Jr., Mayor Pro Tem Michael A. Hosti Edward Merves Anne P. Monaghan Mallory Pearce Jack Youmans January 13, 2000 CITY OF TYBEE ISLAND To: Mayor & City Council Clerk of Council From: Bill Farmer City Manager Subject: Designation of Administrative Officer City Manager Bill Farmer Assistant City Manager Rowena B. Fripp Clerk of Council Jacquelyn R. Brown City Attorney Edward M. Hughes Section 100 -2 -29 of the City of Tybee Island Charter requires the following: "By letter filed with the clerk of council, the manager shall designate, subject to approval by the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease." Kindly be advised that I designate Police Chief Jim Price as the above named administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. This designation is subject to the approval by the city council. APPROVED BY CITY COUNCIL ON / /3- 00 own, Clerk of Council - alter W. Parker, Mayor P. 0. Box 2749 - 403 Butler Avenue. Tybee Island, Georgia 31328-2749 (912) 786-4573 - FAX (9122) 786-5737 1 Planning Commission Candidates for Appointments Please Circle 2 (Two) names and sign the sheet and then turn it in to Angela 2 Terms to expire 1/31/01 Rachel Perkins Jenny Orr Dennis Hutton Margaret Jean McDowell Stephen A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin Planning Commission Candidates or Appointments Please Circle 2 (Two) names and sign the sheet and then turn it in to Angela 2 Terms to expire 1/31/01 Rachel Perkins Jenny Orr Dennis Hutton Margaret Jean McDowell Stephen A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson C...n Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin 1 1 1 1 1 Planning Commission Candidates for Appointments Please Circle 2 (Two) names and sign the sheet and then turn it in to Angela 2 Terms to expire 1/31/01 Rachel Perkins Jenny Orr Dennis Hutton Margaret Jean McDowell Stephen A. turner Paul Mazo Barry Brow�i Dick Smith Paul Jackson) Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin 1 Planning Commission Candidates for Appointments Please Circle 2 (Two) names and sign the sheet and then turn it in to Angela 2 Terms to expire 1/31/01 Jenny Orr Dennis Hutton Margaret Jean McDowell Stephen A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin Planning Commission Candidates for Appointments Please Circle 2 (Two) names and sign the sheet and then turn it in to Angela • 2 Terms to expire 1/31/01 ?.091 Rachel Perkins Dennis Hutton Margaret Jean McDowell Stephen A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin 1 1 1 Planning Commission Candidates for Appointments Please Circle 2 (Two) names and sign the sheet and then turn it in to Angela 2 Terms to expire 1/31/01 Dennis Hutton Margaret Jean McDowell Stephen A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin 1 1 Planning Commission Candidates for Appointments Please Circle 4 (Four) names and sign the sheet and then turn it in to Angela 4 Terms to expire 1/31/02 Rachel Perkins Jenny Orr Dennis Hutto U5 argaret Jean McDowell Wien A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spiride Mike Deihl Ken Wade Alice Martin Planning Commission Candidates for Appointments Please Circle 4 (Four) names and sign the sheet and then turn it in to Angela 4 Terms to expire 1/31/02 Rachel Perkins Jenny Orr Dennis Hutton Margaret Jean McDowell ll Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin ��Vy: Planning Commission Candidates for Appointments Please Circle 4 (Four) names and sign the sheet and then turn it in to Angela 4 Terms to expire 1/31/02 Rachel Perkins Jenny Orr Dennis Hutton Margaret Jean Mc i owell Stephen A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin 1 1 1 Planning Commission Candidates for Appointments Please Circle 4 (Four) names and sign the sheet and then turn it in to Angela 4 Terms to expire 1/31/02 Rachel Perkins Jenny Orr Dennis Hutton 1i'' Margaret Jean McDowell A Stephen A. turner Paul Mazo Barry Brown Dick Smith Paul Jackson Don Agnew Harry Spirides Mike Deihl Ken Wade Alice Martin t\-e,r1.1 ' i .1--' Planning Commission Candidate or Appointments Please Circle 4 (Four) names and sign the sheet and then turn it in to Angela 4 Terms to expire 1/31/02 Rachel Perkins Jenny Orr Dennis Hutton Margaret Jean McDowell Stephen A. tumer Paul Mazo Barry Brown Dick Smith Paul Jackson p. Harry Spirides Mike Deihl Ken Wade 1 1 1 1 1 Planning Commission Candidates for Appointments Please Circle 4 (Four) names and sign the sheet and then tum it in to Angela 4 Terms to expire 1/31/02 Rachel Perkins Jenny Orr Dennis Hutton A Margaret Jean McDowell Stephen A. turner Paul Mazo Dick Smith Harry Spirides Mike Deihl Ken Wade 1 5-4 -8 and 9 ORDINANCE NO. 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, Chapter 4, Section 8 and 9, be amended to read as follows: Section 1. Section 5-4-8 is hereby amended to read as follows 5-4-8 Storm Water Runoff Quantity Controls 1. Authority:; l his ordinance i s cn;rcted pursuant t o the charter or the Cit`. o f ' 1 Ic ]s1�11td_.- (1,20,-,'la. and pursl,ini 'hose provisions o f i l l s (r■:or_'ra C ) n s 1 1 1 u t i n pr v Idnl'?home mile powers. The ,ido_plion of this ordinance superccdcs a11:, previous orc niiliC1iTI otriuiances to the cment that they can not be read in hr n ionp herewith although it is the intention of 114: 1N)dy or the City of Ty h,..c island. that each Ordinat. , tC1 1 -eted so as to i�c fall Force and effect to all of them to the fullest eyicitt ossihlc. C "onsislont enit,incerinLi princLpics with respoct fo 1a1 (Iev eiob)1ncnt are nestled m )rdcr to insure there are 00 si��uilicaft adverse iiubticts on Mc health. S,1tet,. and eltllrc �1fcili /ens ofthe. Island and the quality 0flife of those citizens. Spec ifisal1y_. cv 10 rn�nt r+ i - finned and managed s o as to reduce the risk oL prohlcnls_. �trisin� 1r�ln� surface water runoff, drainage and to htalc the development or a v, (-11 Iuncti�tnin infrastruct >. AppIic1lhilityl1 5 (r10 Al 1 ities,,11 'onfilrtt1 1.) tll:11liniit?rnu r-ecpiireruelas nl_ tI1iswrrticle. the suhdi ision rezlulations, flood dainaL: e control rc ul.aiions or- 0rdinanecs and all taller pro. isions of the land deN ctoputent code. The (.4t, yv ill OCSpt for maintenance the p,:\ ing. storm dratnatc. sanitary sewer and '\'‘"titers Sit111s �.� 11:11 designed and constructed in accordance «itll fhc engitlectring policies cortt uncci_ in tine (lode of Ordinance for the City. and provided that the City is furnished with engineering sat isl<1ctor. to the City's eniti niter pi-c_cicv clopmciit. and with driiwitlgs ui'illc° impro\ eri.te11l once in.stttlleit. "as built "_ 11o111 ; accepted 30 the H1 . 4. 11)r,linauo calculations and a pled shill siihniitted aloiw o ith application for. r I,u1d cl _arill�r, disnobiucc or cvcavaiion perrnit_or in conneetinn 1■ ith rt1� cation for site plan ,tppltoy a1. special rel icy, or rot- ilie Subdivision of pri+]1ert� ._ including minor subdivisions_ and with any a1;12.1ic,ltiL)ns for building permits oil previously -undeveloped land or land which is to he cls,nrcid_ new construction oitit substantial renovation. 1 hs Va.\ or nal Council mad o: u e 01C requirement or dLinuuic calculations and a plait in ce)1ncciion vv itll the suhdiv i sittn orconlplet t111lcxos. Page 1 of 4 1 1 5 -4 -8 and 9 Water quantity controls will be provided as part of all development pursuant to the provisions of the City of Tybee Island Subdivision Regulations and Tybee Island Drainage Ordinance. 2,-)7a The Director may allow storm water runoff that otherwise is of unacceptable quantity or which would be discharged in volumes or at rates in excess of those otherwise allowed by Subdivision Regulations or Drainage Ordinance, to be discharged into drainage facilities offsite of the development, provided the following conditions are met: Off -site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with requirements of those ordinances; and, Adequate provision is made for sharing of construction, maintenance and operating costs of facilities; and, PI It is not feasible to completely manage runoff on site in an manner that meets the design and performance standards found in the City of Tybee Island Subdivision Regulations or Drainage Ordinance design manuals. Section 2. Section 5-4-9 is hereby amended to read as follows 5-4-9 Prohibition 1.) It is unlawful for any person to throw, drain, run, or otherwise discharge to any component of the municipal/County separate storm sewer system or to cause, permit or suffer to be thrown, drained, run, or allow to seep or otherwise discharge into such system all matter of any nature excepting only such storm or surface water as herein authorized. 2.) The Director may exempt the following from the prohibition provision above. a. Water line flushing performed by a government agency, diverted stream flows, rising ground waters, and polluted ground water infiltration. b. Unpolluted pumped ground water. c. Discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, and street wash water. d. Discharge or flow from fire fighting. e. Other unpolluted water. Page 2 of 4 1 1 5 -4 -8 and 9 3.) In the event of an accidental discharge or an unavoidable loss to the municipal/County separate storm sewer system of any material or substance other than storm water runoff, the person concerned shall inform the Tybee Island Department of Public Works and all other impacted entities immediately but no longer than two (2) hours of the nature, quantity and time of occurrence of the discharge. The person concerned shall take immediate steps to contain, treat, or take other actions to minimize effects of the discharge on the municipal/county separate storm sewer system and receiving streams. The person shall also take immediate steps to ensure no recurrence of the discharge. (Potential cross reference: Sewer Use Ordinance, Streets and Sidewalks Ordinance) 4.) It is unlawful for any person to cause or permit any storm water to flow from their property onto the property of another person, unless such storm water naturally flowed thereon prior to any development activity. 5.) It is unlawful for any person to interrupt the flow of any storm water runoff from adjacent property onto their property by any development activity. (ORD. 1999-34; 9/23/99) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. Adopted this day of , 2000 Mayor Walter W. Parker City Clerk 1st Reading: Page 3 of 4 1 1 SAMPLE MOTION TO ENTER INTO A CLOSED MEETING OF A CITY COUNCIL2 memb - u ILZ makes the following motion3: r nc{ 8y monAiktr) (1) That this Mayor and Council now enter into closed session as allowed by O.C.G.A. §50 -14-4 and pursuant to advice by the City Attorney, for the purpose of discussing the following: (Sped the purpose(s) by which the meeting is to be closed; (2) That this body, in open session, adopt a resolution authorizing and directing the mayor or presiding officer to execute an affidavit in compliance with O.C.G.A. §50 -14 -4, and that this body ratify the actions of the council taken in closed session and confirm that the subject matters of the closed within exceptions permitted by the open meetings law, said re ed session solution to be in the form as attached hereto. (See sample resolution. Motion Approved Those voting in favor of the motion for closure: Council Members Those voting against the motion for closure: Council Members ass 3-11.. ,and ,and 2 The following motion, resolution, and affidavit are samples intended only to assist the city attorney the Open Meetings Act. Before attempting to conduct a closed meeting or executive session, city officials should with their city attorney for advice specific to their circumstances. in satisfying the mandates of 3 Motions are often not written, but this can be a guide to those making a motion to close a meeting to assure that compon always consult required by law are reflected in the minutes. ents 26 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 2Ni9L/P2 rO� iP2 who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the ( '3 day of �, tA„E7 , 2000. (2) That it is my understanding that O.C.G.A. § 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. The subject matter of the closed meeting or closed portion of the meeting held on the 17 of vT n; iq2 ' 2000, which xas closed for the purpose (s) of e"�'�, j-v �e q -19-1/(6) / 7'oA �' � © / Jl4�fitA LSy0 -I —z (3) 1 as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. 1 1 (4) Any unrelated matters which were mentioned or attempted to be (5) offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. § 50- 14 -4(b) that such an affidavit be executed. This 43 day of av q..., Sworn to and subscribed before me this t3 day of Jrev : , 2000. gAcommorAnA \145Waffiday.01 , 2000. Mayor /Presiding Officer