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HomeMy Public PortalAbout20000608CCMeeting1 1 @ @ITEM 2000 -06 -08 City Council Minutes Mayor Pro Tem Anne Monaghan called the meeting to order with the following members of Council present: James G. Burke, Jr., Jack Youmans, Shirley Sessions, Pam O'Brien and Mallory Pearce. Monaghan stated that Mayor Walter W. Parker was out of town on City business. City Attorney Edward Hughes and Acting City Manager Rowena Fripp were present. The Reverend Lee Bennett gave the Invocation. The Pledge of Allegiance was recited. Geremy York addressed Council requesting a vendor license for beach rental of bikes and body boards on the beach at 13th Street. York said that he is in the process of gaining his lifeguard certification through the Red Cross. York also stated that it will be part time only 2 to 4 days a week. Sessions asked if this would be year round. York said probably Friday through Monday during the tourist season. Leonard Hardin requested a vendor license for a mobile shaved ice business on the beach. Hardin said that it would be pushcarts with input from the City on the design. Hardin said that he would hire people to clean up not only his trash but the City's as well. York said that at the end of the season that he would consider donating a percentage of the profits to the beautification Committee. Sessions asked if he was a member of the committee. Hardin answered no. Sessions asked if the ices would be served in paper cups. Hardin answered yes. Hughes stated that the ordinance prohibits vendors on the beach, but that Council could amend the ordinance to allow. Youmans said that the merchants were in an uproar the last time a person came to Council for a license to sell hot dogs, ice cream and soft drinks on the beach. Sessions said that she supports the reason from the merchants because they are in business year round and if the City amends the ordinance to allow then it would open it up and it would get out of hand. Youmans said that he would like to see an ice cream truck. O'Brien asked about the district use in C -1. Burke said that this has been licensed in long years past and that it was not profitable. Burke questioned the merchants renting out surf and body boards. Hughes answered that there are specific compliance regulations for businesses operating out of a building, it not same for business operated on the beach. Hughes said that you can not tell Chu's that they can sell boards but not rent boards. Council controls the number and the location of the sites on the beach itself. Pearce said that the permit requested is regulated by ordinance and that Council should take Hughes's advice on the present ordinance. Pearce asked Hughes to research the ordinance for long term consideration. York addressed Council again stating that what he is offering to rent are not offered already on the beach. Sessions asked about year round. York said he would have to see how the summer goes. Price voiced his opinion that the bikes on the beach would be a problem with so many tourists. Price said that the surfing area is 17th street south and that is his call. Sessions is concerned about the congestion that this will cause. Monaghan said that this will come up during open meeting. Jean McDowell and Collette Deihl, Greenspace and Eco Tourism Committee gave a progress report to Council. McDowell said that the committee would like for the City to acquire the property adjacent to the Sally Pearce Nature Trail. McDowell said that there is a public meeting scheduled for June 14 at 7 P.M. at the MPC on the 1 1 Greenspace rules from the State of Georgia. McDowell stated that Tom Wilson will do the mapping for a fee. Monaghan said that the committee has made amazing progress. Jack Boylston said that he has two issuers to speak to Council about tonight. The Beach Bum Parade was a big success and it raised $2,825. for the Backus Children's Hospital. Boylston said that there could potential problem as the parade get bigger each year. Boylston stated that we need to look at measures in order to keep this event from going sour. Boylston thanked the City for all their support. Boylston stated that work has resumed on the Sandpiper again and that he heard that they have promised not to go over 35 feet in height from the 12.6 elevation. Boylston asked who agreed to this, was it from Council or from the contractor who was threatening a lawsuit? Boylston said he talked with Gregori Anderson of the Chatham County Inspections Department, and asked him if it was a common practice to calculate mean elevations using elevations of the preexisting buildings 1st floor. Anderson said only if construction is to be on footprint and slab of those buildings. Sladek said that he could not comment because of legal ramifications. I asked for a comment on a generic situation. Sladek stated that elevations are calculated different ways at different places. Boylston said that only the contractors were present for the most recent shots for elevation by Hussey, Gay, Bell and DeYoung, no city official was present. Boylston said that he wants this statement in the records: "A year ago I said there is a difference in need and greed. I say it again. I feel that this act was not a mistake but a calculated gamble and premeditated deceit of our height ordinance. I feel that the city has tried to sweep this disgusting issue under the rug. But the pile is too big and the stink is too overwhelming to go unnoticed. I ask the city to open an intense investigation into the fact that we have been possibly led down a path of deceit by using non - conforming and non - applicable methods of obtaining a true and legal elevation. I hope that Council will save the city's integrity and will take the initiative and save a group of concerned citizens from having to take the necessary legal actions to protect their rights." Libby Bacon said that the tourists bring their children to Tybee to teach them to surf and to use a body board and that we need the island to be friendly. Bacon said 3 surfers were arrested today for not being in the zone. Bacon said that surfers save swimmers that get in trouble in the ocean more than lifeguards. Bacon stated that she came before Council 2 months ago asking for relief in a parking issue on Chatham, 14th Street and Venetian Terrace. More signs have gone up since then; the owner calls police on people who park on the City right -of -way. Pearce asked Bacon if she could get together with her neighbors and come back to Council with some ideas. Maybe a petition and then Council can act on it. O'Brien said that Council asked staff to follow up on this issue. Youmans asked if there was City property that people can park on. Bacon answered yes at the curve there is an 80 -foot right -of -way owned by the City. Youmans said that it used to be parking but now it is plants. Sessions asked if anyone could address what has been done by the City. Chief Price said that he ordered 3 signs to be placed in that area had talked with Mr. Bacon, and he agreed not to park a dump truck that blocks the line of vision. Bacon said that the truck has been gone a long time. John Jarvis said that Council turned down a vendor application that wanted to sell hotdogs. Mayor Pro Tem Monaghan opened, asked for comments and closed the following public hearinglaccording to the laws of Georgia. 1 1 Mr. Ron Jacobs presented his petition for a minor subdivision at 203 Butler Avenue PIN 4 -4 -8 -2 stating that all codes have been met. No one asked to speak for or against. Henry Levy, Planning Commission Chairman, said that they voted 5 to 2 in favor of the petition. O'Brien asked if the engineers reviewed the drainage plan, and the storm water ordinance and does it show the flow of water. Byers answered that there was an on site visit this afternoon and the results were faxed in by Hussey, Gay, Bell and DeYoung and that the water will drain part of the properties on each side. O'Brien said perfect. Bob Maner, Magnolia Investments, presented his petition for a minor subdivision at 117 Lewis Avenue PIN 4- 3 -5 -5. Maner said that all conditions that were requested by council have been met. O'Brien asked which plat were we voting on 2/28 or 4/24? Maner said that 2/28 was when he wanted the variance so disregard that one. We are working with the 4/24 plat. Byers said that it has been in the office but no one has been in to see it. Sessions asked about the little white building in the back. Maner said that the slab and the concrete are to be removed. O'Brien questioned the size of the parking space. Byers answered that size of space is only in the commercial districts. Levy stated that the Planning Commission vote 5 to 2 in favor of the minor subdivision, this man has been before Council 3 times now. O'Brien asked where the front of the house faces and is only trying to make sure that the land development codes are followed. Maner said that the lot meets requirements given him by the City. O'Brien stated that in 5- 040(G) it states the proposed building. Maner said that he has been here 4 times and that each time you add something else. Byers said that the house would face Lewis Avenue. O'Brien said that the side setback is not shown. Maner said that the person who builds on the lot would have to show the setbacks. Youmans said that Council is only hearing the minor subdivision of a lot. Hughes answered that both are correct, you can't do a drainage plan without knowing where the structure is being placed on the lot per the storm water ordinance, the Land Development Use codes do not require. Hughes stated that the storm water ordinance is being worked on again. John Coleman, son of Tom Coleman, presented a petition for a variance at #6 10t Street PIN 4- 6 -6 -11 in order to remove the old structure and construct a new house. Levy said that the Planning Commission approved 7 — 0 in favor of the variance. Michael Bernstein petitioned Council for a variance for the extension of existing non- conforming use 200 Sprucewood PIN 4- 2 -8 -3. Bernstein said he wants to add a bedroom and a bath. Levy said that the addition will meet all the setback requirements and that the Planning Commission voted 7 — 0 in favor. Stuart Liles presented Council with the petition from Nancy Morris for a site plan and special review for a Bed and Breakfast at 16 Meddin Drive PIN 4- 2 -5 -5. Liles said that they have the required parking spaces. Liles said that the 3 rooms upstairs would be rented out to people with no children, he will not encroach on the easement, plans to plant a buffer also, and has moved the fence for additional parking. Liles said no one will park on Meddin Drive. Youmans said the U.S. government put in the sewer lines in Fort Screven, and that it is like that all over the island. Lines going through peoples property. O'Brien asked about this being a site plan, where is the drainage plan. Byers answered that she spoke with Hughes and this is different from new construction. O'Brien said it is required. Hughes answered that there is no change. Bernstein asked if Liles was going to request that the City open up Robinson Avenue in the future. Liles answered no. Bucky 1 1 1 Chafin said that he is against the project but now in a way he is in favor. Chafin said that there is a blind spot on Cedarwood and that it needs to be cleaned up. Mr. Gay said he is in favor of the project. Andrew Shaw questioned the parking spaces. Liles said he has the five required parking spaces. Byers said that one for each of the three units and 2 for the owners. Shaw questioned the sewer line and asked if the town claims authority? Hughes answered yes, we can maintain. Shaw then asked if it breaks will the City repair. Hughes stated no, maintain the line. This is a unique area, and most lines run through other properties. Shaw then stated that if you own something you fix it. Jimmy Burke asked what type of line is it? It was stated that it is a lateral line. Colette Deihl then spoke in favor of the Bed and Breakfast. She stated that the property has been cleaned up and no cars are parking on Meddin Drive. They will be good neighbors. A letter from Kevin O'Brien and Jane Leonard opposing the petition was read. A letter was presented from Cullen Chambers in favor of the bed and breakfast. Henry Levy stated that the Planning Commission voted 4 -3 to recommend approval. Robin Laverty then presented a petition for an Extension of Non Conforming use variance for property located at 7 Logan Street PIN 4 -3 -1 -6 for Doug Rounds. Mr. Laverty stated that Mr. Rounds wished to do an addition to an existing non - conforming structure to ad a bath and bedroom to his home. Pam O'Brien stated that a letter had been received from an adjacent property owner concerning construction without a permit. It was stated that this was an outside shower that was screened. Henry Levy stated that what he is adding meets the requirements and Planning Commission recommends unanimously to approve. Mayor Pro Tem Monaghan opened the meeting for business legally presented. Motion to approve Minor subdivision for Ron Jacob by Jack Youmans, seconded by Pam O'Brien, vote was unanimous. Motion to approve Minor Subdivision for Bob Maner contingent upon approval by Hussey, Gay, Bell and DeYoung by Mallory Pearce, seconded by Jimmy Burke. Jack Youmans questioned who pays engineer. Angela Byers stated that the petitioner pays. Vote to approve 4 -2 with Pam O'Brien and Shirley Sessions voting against motion. Motion to approve variance request for Tom Coleman by Shirley Sessions, seconded by Jimmy Burke. Vote was unanimous. Motion to approve variance request for Michael Bernstein by Jack Youmans, seconded by Jimmy Burke. Vote was unanimous. Motion to approve Site Plan Review for Bed and Breakfast for Nancy Morris by Mallory Pearce, seconded by Jack Youmans. Vote was unanimous. Motion to approve variance request for Doug Rounds by Jimmy Burke, seconded by Jack Youmans. Vote was unanimous. The request for a Beach Equipment Rental License for Geremy York for a location on 13u1 Street was further discussed. Mr. York stated that he would advertise with the Savannah Visitors Center downtown and will bring people to Tybee. Bubba Hughes stated that he has a Savannah address and this requires a Tybee address. He is requesting to use the end of a public right of way. Jimmy Burke stated that this has been done before, he is not requesting anything new. Shirley Sessions stated that this is a great idea, but vendors on the beach have been denied. Youmans stated that this is for one spot on the beach not all over the beach. Bubba Hughes stated that he would have 1 1 1 1 designated parking space and 900 square feet of space on the beach at the end of 13th street. Jimmy Burke motioned to approve the request for Beach Equipment Rental, seconded by Jack Youmans. Vote was 5 -1 with Shirley Sessions opposing. Proclamations for Flag Day and Myansthenia Gravis month were read. Motion to approve minutes of previous meetings by Mallory Pearce, seconded by Jack Youmans. After discussion concerning May 11t minutes, vote was unanimous to approve. A request to reactivate the ADA Enabling committee was made by Mallory Pearce seconded by Jimmy Burke. Stephen Boyd will work on this committee. Volunteers will be requested through the Tybee News. Vote was unanimous. Ms. Womble asked if you have a handicap sticker if you can park anywhere on Tybee. It was stated only in legal parking spaces. A request from Chief Price for a change in the Wage Scale /Classification for the Police Department for the office was then presented. Chief Price stated that it would not impact the budget, but was to bring his staff into line with other Departments. Motion to approve by Mallory Pearce, seconded by Pam O'Brien Jimmy Burke questioned why were the employees raised to these positions? Chief Price stated that they just did it. Ro Fripp stated that she signed the status sheets, that this just brings them in line with other clerical positions within the City. Vote to approve was unanimous. Motion to accept the Safety Policy by Mallory Pearce, seconded by Pam O'Brien. It was stated that the employee evaluation form needs to be checked to make sure this is listed as a part of evaluation. Vote to approve was 5 -1 with Jack Youmans opposing. A fifteen - minute recess was called at this time. Attorney Fred Clark representing Sandra Luxemburg and some residents on 18th Place was next on the agenda. Mr. Clark stated that the sand dunes were building up in this area and that the resident's with the exception of one resident would like to construct a dune crossover. They have contacted DNR and they would not accept the application because all property owners were not in agreement. They stated that the City could petition for a crossover in this area. Jack Youmans asked didn't Mr. Myrick already have a permit for a Crossover in the area and had he not stated before that if the property owner's would chip in and pay their share that he would move his structure for all owners to use? Bubba Hughes stated that it would be City property only east of the seawall. Mr. Myrick stated that he made the offer at the DNR hearings on his crossover and that no one had contacted him. Some people are here now asking the City to do the work for them. It is already permitted on his property and he would be willing to move it if everyone paid his or her share. A 90 -day time frame was established at the DNR level for property owners to get together. Stuart Stevens had called and said that no one had contacted DNR in the 90 days and it looked like the offer was rejected and he could begin construction whenever he chose. Fred Clark stated that the owners wanted this in the easement. Bubba Hughes stated that the easement stops at the seawall. Mr. Hughes further stated that the City could build east of seawall. Mallory Pearce asked if property owners would pay and this would be at no cost to City? Fred Clark stated yes, all but one owner. Mallory Pearce asked Myrick if he was still willing to talk about moving crossover. Myrick stated yes. Ed Demarjian stated that it might jeopardize the private nature of property with Myrick's design of seating platform. Bubba Hughes stated that some have a locked gate at the private property area. Jack Youmans stated that these were 1 1 1 no different from the ones on the Back River. Hughes stated good point; you don't have to let the public go past public property. Fred Clark stated that they want it for this summer. Chuck Bargeron stated DNR permit is in place for Myrick but no City permit has been issued yet. Pam O'Brien stated that we don't need to get into neighborhood dispute. Mallory Pearce asked homeowners to get in touch with Hughes to work out and come back with recommendation. Youmans again asked Myrick if he was willing to move his permitted crossover. Pearce made a motion to approve concept and to authorize Hughes to negotiate with neighbors and proceed, seconded by Shirley Sessions. Youmans stated that the City was trying to fraud DNR, other residents got private crossovers and we do not need the liability. Vote to approve motion was unanimous. The letter of resignation from the Planning Commission for Judy Winfrey was next discussed. Motion by Mallory Pearce to submit resumes and recommendations for replacement 1 week prior to next council meeting, seconded by Jack Youmans. Vote was unanimous. Motion by Shirley Sessions to make this procedure and to keep a running file on prospective members, seconded by Mallory Pearce. Youmans stated that if we are going to request resume, then we should set up qualifications. Vote to approve unanimous. A letter from Charlie Brown requesting the paving of 10th street was next discussed. Mr. Brown requests that the area from Miller Avenue, west on 10th to 5th Avenue be paved. Motion to approve paving of 10th Street by Mallory Pearce, seconded by Shirley Sessions. Vote was unanimous. Motion to include 10th Street from Miller Avenue west to 5th Avenue on the list of paving priorities by Mallory Pearce, seconded by Shirley Sessions, vote was unanimous. Mr. Brown further stated that Jones Avenue is a narrow street and the City needs to research stopping bikes, joggers, walkers, and roller blades from the use of that street for recreation, and to pave a narrow strip through Memorial Park to allow this type of recreation to use Second Avenue or Lovell Avenue. Angela Byers asked that what would happen if this was enacted for people that live on Jones Avenue to access from Second or Lovell, they would still have to have the use of Jones if they did not live on the comer of the street? It was stated that they would be allowed to walk, bike, and ride. Motion to pursue a narrow strip of asphalt adjacent to Memorial Park contingent upon notifying proper authorities by Pam O'Brien seconded by Mallory Pearce. Vote was 5- 1 with Jack Youmans opposing. Jean McDowell presented the agreement for Solid Waste Management Plan with Chatham County. Motion to approve by Mallory Pearce, seconded by Jimmy Burke. Vote to approve 5 -1 with Jack Youmans opposing. Youmans stated that there is no knowledge of what this could cost the City. McDowell stated that they would have to come back to City for funding. The appointment of a senior representative to the Shore Protection project was discussed. It was decided to appoint new city manager. Drainage problems on Lighthouse Lane and Lullwater were next discussed. Jimmy Burke stated that the property owners on this street need some relief. The city has run a storm line down the street, through someone's property without permission, the road has not been repaired, the yards are messed up, sod was removed, and it is a sandy mess now. The problem was created by the City. Jeff Schroeder stated that his property at the end of the street contains an easement for maintenance of existing utilities, but the City 1 1 1 ran a storm drain through there in March. They changed the grade of the property, removed trees, and ripped a hole through his property. He submitted a damage letter that has not been responded to by the City. Schroeder said it is a mess. Mallory Pearce asked if the developer of the units on the comer has any responsibility. Angela Byers stated that the developer has installed what was required, this problem is from the City drainage. Hussey, Gay, Bell and DeYoung designed this plan and IAM construction installed. Youmans asked if isn't the contractor required to put back to acceptable condition and why was this not done? Hughes to look into and come back with recommendation. Jimmy Burke stated that he and the Chief had already discussed the Lifeguard situation. Chief Price stated that he had 23 lifeguards with 2 shifts and 18 guards on beach on Saturday and Sunday. Pam O'Brien stated that a Swim at own risk sign is needed at North Beach. Jimmy Burke stated that the guards are doing a good job. Chief Price stated that 3 surfers were arrested this afternoon. Shirley Sessions asked for update on traffic problem on South Campbell, and problems on Tybrisa. Price answered that the bike patrol was now on Tybrisa, and that they would have a further report in a few days on the Sting Operation on underage drinking. Youmans asked what area can you surf fish in? Price stated that it is his call as to areas. Swimmers have right of way. Shirley Sessions stated that the Council needs a clear procedure for follow -ups. Monaghan stated that the bold faced information in the minutes should be followed up on. The condition of the Boat Ramp was next discussed. Mallory Pearce stated that they had contacted 3 construction companies in the past to repair and no one would touch it. Bubba Hughes stated that he has sent a draft of the Coastal Protection Ordinance to DNR for comment. He requested that Council review and give comments. Mallory Pearce stated that the State allows you to be more stringent. Monaghan stated that this should be advertised for Public Hearing for July. Angela Byers stated under new procedures, the earliest this could be advertised is for August. Ro Fripp then addressed the request from the Auditors to adopt a formal statement of policy concerning the Water /Sewer fund indebtedness to the General Fund of 1.4 million. She asked Council for guidance on the wording as she did not know if they wanted to cap the amount that could be borrowed, set a time limit for repayment, or charge interest. She stated that it was customary to clear this out at the end of the year and that has not been accomplished due to the number of Capital expenditures for the past 3 years. Pam O'Brien asked if a transfer could be made to pay off and wipe out debt? Bubba Hughes stated with the Bond Issue, it needed to be deferred to the auditor's recommendation. What is needed now is for the status quo to be documented. Mallory Pearce stated that raising the water rates is one way to make W/S self - sufficient. Shirley Sessions asked has come up before from the auditors? Ro Fripp stated that this is the first time they have asked for a formal statement. Youmans stated that a lot of Dollars was to be repaid from 98 SPLOST , and Farmer talked Council into not paying off loan. Jimmy Burke stated that the tapping and stubbing fees are low and there is uncontrolled spending at Water /Sewer. Hughes will call Chris Lightle and check with GMA concerning wording. Fripp also stated that the 2000 tax digest would be released from the County on the 23rd-24in of June. A public hearing will need to be advertised for the Mileage rate. 1 1 Sessions asked if we have the audit report yet? Fripp said only some comments, nothing shocking, Fixed Assets still the big problem. Motion to accept on second reading Code of Ethics for City officials by Mallory Pearce seconded by Pam O'Brien. Vote was 5 -1 with Jack Youmans opposing. A copy of an update on the Rezoning of Butler Avenue - Beachside by Angela Byers was discussed. Monaghan stated that this was the type of follow -up that was needed. The timeline was informative and when would volunteers be needed to work. Byers stated that the volunteers would come in when the background work was accomplished and onsite work was begun. Pam O'Brien stated that she was concerned with the memo to Mayor and Council concerning the campground. Bargeron explained that when these units were first being brought in, he received a packet from Wade Simmons documenting that they are RV's. He spoke with DOT and they stated that as long as on wheels, they were considered portable, the same way that the City can place LifeGuard building on the Strand, these do not violate FEMA regulations. Pam O'Brien stated that she understood that they are paying hotel/motel tax on rentals, but wanted to be sure these were RV's. Bargeron answered yes, they plug into the electricity and sewer same as a RV. Shirley Sessions stated that she called the campground and they advertise them as cabins. Angela Byers stated that when looking for rental unit for sister, they were renting for $800.00 a week as short-term rentals. Monaghan stated that someone could stay for a year. Bargeron stated that if the wheels are removed, then they are classified as permanent residence. Jimmy Burke questioned density. Monaghan stated that setbacks were not required per Bargeron. Bargeron stated that maybe he should have called the City Attorney, but he was satisfied with answers from DOT and Chatham County Inspections. Jimmy Burke stated that there is no control over density in this place. Bargeron stated that there were no new spaces created. They are using what was there. Sessions requested research into how other cities are handling these. Monaghan stated that Bargeron would research and report. Pearce asked about Campground using City property. Bubba Hughes stated that at the March meeting there was discussion concerning drainage at 17th and the Strand as to whether the drainage plan for South Beach Condo's was followed. He contacted Downer Davis the project engineer, and Mr. Davis stated that he did not finish the project out. A clarification is needed as to what Council wishes to accomplish on this project. Hussey, Gay, Bell and DeYoung can eye ball it for about $500.00, but the issue should be how to fix it and this problem has been there forever. The best time to fix is during construction. An ordinance is needed for "As Builts" as soon as possible. He sent down an ordinance several months ago. Jimmy Burke stated that we needed to upgrade Strand line. No decision was made. Motion to adjourn into closed session to discuss Real Estate and Personnel. Mayor Pro Tem Monaghan reconvened the meeting. Motion to authorize Mayor Parker and City Attorney Hughes to negotiate with Mola Jung on the acquisition of property by Mallory Pearce, seconded by Shirley Sessions. Vote was 4 -2 with Youmans and Burke opposing. Mayor Pro Tem Anne Monaghan 1 Clerk of Council 1 1 1 1 9.1.8 PROCLAMATION WHEREAS, by Act of Congress of the United States dates June 4, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dates August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY;" and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and WHEREAS, on December 8, 1982 the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June14; and WHEREAS, as by act of Congress Public Law 99 -54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our county's devotion to freedom, to the rule of all, and to equal rights for all; and NOW, THEREFORE, The City of Tybee Island, does hereby proclaim June 14, 2000 as Flag Day for georgia and urge all citizens of Georgia to pause at 7:00 P.M. (EDT) on this date for the 21st annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. Mayor Walter W. Parker Clerk of Council Jacquelyn R. Brown Page 1 of 2 1 9.1.11 PROCLAMATION Myasthenia Gravis Month WHEREAS, Myasthenia Gravis (MG) is an autoimmune neuromuscular disease causing weakness of the voluntary muscles; WHEREAS, MG may affect any voluntary muscle, but most commonly affects those that control eye movements, eyelids, chewing, swallowing, coughing, and facial expressions. Muscles that control breathing and movements of the arms and legs may also be affected; and WHEREAS, because of its rarity (approximately 14/100,000 Americans are presently diagnosed), many Americans are often misdiagnosed or undiagnosed. MG can be controlled through modern medical intervention, but can become fatal if left untreated; and WHEREAS, the Myasthenia Gravis Foundation of America, Inc. (MGFA) is a not - for - profit organization founded in 1952; and WHEREAS, the MGFA has grown to a network of 35 Chapters throughout the country whose mission is to facilitate the timely diagnosis and optimal care of individuals affected by Myasthenia Gravis and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy, and patient care. NOW, THEREFORE, BE IT RESOLVED that I, Walter W. PArker, Mayor of the City of Tybee Island, Georgia, do hereby proclaim June 2000 as MYASTHENIA GRAVIS AWARENESS MONTH in the City of Tybee ISland, Georgia, and urge all residents to join with me, during this period, in an attempt to focus attention to the need for education, treatment, research, and ultimately an end to this yet uncurable disease. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tybee Island, to be affixed, this 8th day of June, 2000. Mayor Walter W. Parker City of Tybee Island Wage Scale and Position Classification Schedule Adopted June 6, 2000 MIN/MAX SALARIES/WAGES CATEGORIES G - $IHr $IYr R A Administration inspection Police Fire Pubic Works Water/Sewer D Rec. & Parking 5.79 12,043 1 Parking Enforcement Officer Police Cadet ' Janitor 7.60 15,808 Lifeguard Mechanic's Helper Assistant Head Lifeguard 6.37 13,250 2 Head Lifeguard 8.3 17,389 Administrative Assistant I Laborer 7.01 14,581 3 Building & Zoning Admin. Asst. 9.19 19,115 Accountant I Communications Officer Water/Sewer Technician III 4 Parking Services Specialist Jailer/Corrections Officer 7.71 16,037 Animal Control Officer 10.11 21,029 Fire Dept. Admin. Assistant Records Clerk I 5 Parking Administrator Records Clerk II Assistant Mechanic Water/Sewer Technician II 8.48 17,638 Parking Supervisor Firefighter Assistant Carpenter 12 .1 23,13 Administrative Assistant II Heavy Equipment Operator Accountant II Police Officer * Lead Mechanic Water/Sewer Technician I 0 32 19,386 6 City Marshal (Code Ent Officer) Administrative Officer " Lead Carpenter 2.2 25459 Recreation Specialist Fire Lieutenant Building & Zoning Specialist A Comm. SuperJT. A. Coor. . t. Clerk of Court/Fine Collection Cl: rk Sr. Administrative Assistant Police Sergeant/Shift Supervisor ' Foreman W/S Construction & Maint. Foreman 7 Criminal Investigator * 10.26 21,341 Detective * 13.46 27,997 Sr. Police Officer/Shift Supervisor " Fire Captain Asst. 1 Police CorporaUShift Supervisor • lerk of Court II/Property Evidence C ,. todian Sr. Accountant Police Lieutenant " Assistant Public Works Director Assistant Water/Sewer Director 11.28 23,462 8 Zoning Administrator Police Captain " 14.80 30,784 Parking Director Assistant Fire Chief Clerk Of Court/Office Manager 12.41 25,813 Building & Zoning Director Police Major/Asst. Chief of Police * 16.28 33,862 9 Recreation Director Fin ance Director/City Treasurer Fire Chief Public Works Director Water/Sewer Director 13.65 28,392 0 Clerk of Council 37,253 Personnel Director •17.91 Manager • Information Systems 15.02 31,242 11 Clerk of CounciUPersonnel Directo Chief of Police • 19.70 40,976 16.52 c4,362 12 Assistant City Manager 21.68 45,094 ' .17 c7,794 13 23.84 49,587 .99 1,579 14 City Manager 26.23 54,558 • Plus Special Incentive Pay of $2.00/hr. for sworn police officers. 1 Safety Policy Statement City of Tybee Island The City of Tybee Island acknowledges that a valid safety program is an important function of our operational and administrative systems. We also acknowledge that the function of a safety program pertains to all employees of our various departments. The health and safety of all employees throughout the City of Tybee Island is of primary importance and each department shall endeavor to maintain a safety conscious attitude throughout its operations. In adherence to this policy, all employees are expected to accept the concept that the safe way to accomplish a task is the most efficient and the only way to perform it. Safety performance is an important measurement of supervisory and employee performance, and will be included in the evaluation of all employees. Adopted this 8th day of June 2000. Mayor Walter W. Parker 1 STATE OF GEORGIA COUNTY OF CHATHAM AGREEMENT This agreement is made and entered into this 'day ofjune, 2000, by and between Chatham County, a political subdivision of the State of Georgia, (hereinafter referred to as "County ") and the City of Port Wentworth, City of Garden City, City of Savannah, Town of Thunderbolt, City of Pooler, of Tybee. Island, City of Bloomingdale,Town of Vernonburg as party of the second part (hereinafter referred to as "Port Wentworth ", "Garden City ", "City of Savannah ", "Thunderbolt ", "Pooler", " Tybee Island ", Bloomingdale ", "Vernonburg" ). WHEREAS, the County proposes to design, develop and implement a fully integrated solid waste management plan to reduce, divert, and recycle portions of the County's and Region's solid waste stream; WHEREAS, the State of Georgia has established a state -wide goal of diversion and recycling 25% of the waste stream in each municipal jurisdiction and County, WHEREAS, all Parties have incorporated methods to attain the State goal in their respective Solid Waste Plans and the Five Year Short—Terri Work Programs; WHEREAS, both Chatham County and the municipalities within Chatham County find it mutually beneficial to collectively and cooperatively pursue and attain said State goal, by pursuing grant funding for studies, infrastructure, facilities, initiatives and programs that will enable the establishment of fully integrated solid waste management programs; NOW, THEREFORE, in consideration of the mutual benefits described above, the Parties hereby agree to: 1. Port Wentworth, City of Savannah, Thunderbolt, Pooler, Tybee Island, Bloomingdale and Vernonburg each individually and jointly endorse the County's initiatives in pursuing a full integrated solid waste management program for the County and for the Region. 2. Port Wentworth, City of Savannah, Thunderbolt, Pooler, Tybee Island, Bloomingdale and Vernonburg and the County agree to cooperatively pursue any and all activities associated with attainment of the State goal, 1 referenced above, as well as initiatives, activities and programs designed to further the work outlined in their respective Solid Waste Management Plans and Five Year Short-term Solid Waste Work Programs. 3. Port Wentworth, Garden City, City of Savannah, Thunderbolt, Pooler, Tybee Island, Bloomingdale and Vemonburg and the County agree to investigate and pursue grant funding to include, but not be limited to studies, infrastructure, facilities and programs that will enable the establishment of a mutually beneficial, fully integrated solid waste management program. IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seal, the day and year first above written. CHATHAM COUNTY, GEORGIA ATTEST: [SEAL] ATT Sybil Tillman Clerk of Commission By: Dr. Billy B. Hair, Chairman Board of Commissioners 31WKOF TYBEE ISLAND BY: cqu n R : rown, Clerk to Council [SEAL] ter W rker, Mayor 1 1 2 -1 -18 Code of Ethics 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 2 Government and Administration, Chapter 1 Mayor and Council, Section 18 Code of Ethics for City Officials, be amended with the following addtion to read as follows: Section 1. A new Section 2 -1 -18 is hereby added to read as follows 2 -1 -18 Code of Ethics for City Officials The public judges its government by the way public officials and employees conduct themselves in the posts to which they are elected or appointed. All government, of right, originates with the people, is founded upon their will only; and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them. Ga.Const. Art. 1, Sec. 2, Paragraph 1. The people of this state have the inherent right of regulating their internal government. Government is instituted for the protection, security, and benefit of the people; and at all times they have the right to alter or reform the same whenever the public good may require it. Ga. Const. Art 1, Sec. 2, Paragraph 2. The people have a right to expect that every public official will conduct himself in a manner that will tend to preserve public confidence in and respect for the government he represents. Such confidence and respect can best be promoted if every public official, whether paid or unpaid, and whether elected or appointed, will uniformly; (a) treat all citizens with courtesy, impartiality, and equality under the law; and (b0 avoid conflicts between their private self-interest and the public interest. PURPOSE Article I. Declaration of policy. It is the policy of the City that the proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a Code of Ethics for all City officials and employees is adopted. This code has the following purposes: (1) to encourage high ethical standards in official conduct by City officials; (2) to establish guidelines for ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interest of the City; (3) to require disclosure by such officials of private financial or other interest in manners affect the City; and (4) to serve as a basis for disciplining those who refuse to abide by its terms. The provisions os this ordinance shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns or the conduct of candidates in such campaigns. SCOPE OF PERSONS COVERED Article II. Page 1 of 5 1 1 2 -1 -18 Code of Ethics Scope of persons covered. The provisions of this code of ethics shall be applicable to all members of the City Council, planning and zoning Commission, board of zoning appeals, all advisory commissions, and committee members and all employees of the City. Article III Definitions As used in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: City official or official, unless other expressly defined, means the Mayor, members of the City Council, City Attorney, municipal court judges (including substitute judges), City Manager, assistant city managers, City Clerk or Clerk of Council, deputy city clerks, whether such person is salaried, hired or elected, and all other persons holding positions designated by the City Charter, as it may be amended from time to time. City officials, unless otherwise expressly defined, includes individuals appointed by the Mayor and City Council to all city commissions,committees, boards, task force, or other city bodies unless specifically exempted from this ordinance by the City Council. Entity means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted. Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the City Council or other city board or commission, as well as the discussions or deliberations of the council, board, or commission which can or may lead to a vote or formal action by that body. Discretionary authority means the power to exercise any judgement in a decision or action. Immediate family means spouse, mother, father, brother, sister, son, or daughter of any City Official or employee. Remote interest means an interest of a person or entity, including a city official, who would be affected in the same way as the general public. The interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decision in incidental to the extent that the council member would be affected in common with the general public. Incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant value. Substantial interest means a known interest, either directly or through a member of the immediate family, in another person or entity: (1) the interest is ownership of five percent or more of the voting stock, shares or equity of the entity or ownership of $5,000 or more of the equity or market value of the entity; or (2) funds received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaled or exceeded $5,000 in salary, bonuses, commissions or professional fees of $5,000 in payment for goods, products or nonprofessional services, or ten percent of the recipient's gross income during that period, whichever is less; (3) the person serves as a corporate officer or member of the board of directors or other governing board of the for - profit entity other than a corporate entity owned or created by the City Council; or (4) the Page 2 of 5 1 1 2 -1 -18 Code of Ethics person is a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000 or more. Substantial interest in real property means an interest in real property which is an equitable or legal ownership with a market value of $5,000 or more. Standards of Conduct Article IV Standards of conduct (a) The Mayor, nor council members, city employees, or member of any board or commission shall use such position to secure special privileges or exemptions for such person or others, or to secure confidential information for any purpose other than official responsibilities. (b)The Mayor, nor council member, city employee, or member of a board or commission, in any matter before the council, board or commission in which he has a substantial interest, shall fail to disclose for the common good for the record such interest prior to any discussion or vote. (c) The Mayor, nor council member, city employee, or member of a board or commission shall act as an agent or attorney for another in any matter before the city council or any board or commission. (d) The Mayor, nor council member, city employee, or commissioner shall directly or indirectly receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his/her office except as may be provided by law. (e)The Mayor, nor council members, city employee, or member of any board or commission shall enter into any contract with the city except as specifically authorized by state statutes. Any council member or member of a board or commission who has a proprietary interest in an agency doing business with the city shall make known that interest in writing to the city council and the city clerk. (f) All public funds shall be used for the general welfare of the people and not for personal economic gain. (g)Public property shall be disposed of in accordance with Georgia law. (h)No city official shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could reasonable be expected to impair in judgment or performance of city duties. (i) If a city official accepts or is soliciting a promise of future employment form any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the board or commission on which he serves or his supervisor and shall take no further action on matters regarding the potential future employer. (j) No city official shall use city facilities. personnel, equipment or supplies for private purposes except to the extent such are lawfully available to the public. (k)No city official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large. CONFLICT OF INTEREST Article V. Prohibition of conflict of interest. A City official may not participate in a vote or decision on a matter affecting a person, entity, or property in which the official or employee has a substantial interest. EXEMPTIONS Page 3 of 5 1 1 2 -1 -18 Code of Ethics Article VI. Exemptions. This code shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil or political organization, or any similar organization not conducted as a_ business enterprise or governmental agency, and which is not engaged in the ownership or conduct of a business enterprise or governmental agency. MISCELLANEOUS Article VII. Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of applications of this ordinance which can be given effect without the invalid provisions or application. Article VIII. Penalty. Any persons violating any provisions of this policy are subject to: (1)Written and oral reprimand by the Council, board, commission or committee of which said violator a member; (2)A fine greater than $100.00 but less than $500.00 to be imposed by the council, commission, board or committee of which the violator is a member. (3)Request for registration by the council, board, committee or commission of which the violator is a member. Each council board, commission or committee shall have authority to establish rules and regulations to impose said penalties. 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 8th day of June, 2000 Mayor Walter W. Parker City Clerk 1st Reading: 2nd Reading: 6/8/00 Page 4 of 5 1 1 1 Enacted: 6/8/00 2 -1 -18 Code of Ethics Page 5 of 5 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, ,0E,Q ,Ao,iQ ft.. , 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 D day of ■un'e_ , 1 (2) That it is my understanding that O.C.G.A. § 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of LOGto the meeting held on the 1r of emu. •r ,e , i999, which was closed for the purpose(s) of 4°4% eta.¢ -fie �c�ur.s��i�✓/ ePRsOie O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. as allowed by 1 1 (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 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. (5) This ? day of Sworn to and subscribed before me this day of , 11° LADt) Notary Public Mayor /Presiding Office