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@ @ITEM 2000 -07 -13 City Council Minutes
Mayor Walter W. Parker called the July 13, 2000 meeting to order at 7 P.M. The
following members of Council were present: James G. Burke, Jr., Jack Youmans, Shirley
Sessions, Anne Monaghan, Pamela O'Brien, and Mallory Pearce. City Attorney Edward
Hughes was present to guide the Council on legal issues.
The Pledge of Allegiance was recited after the invocation given by the Reverend
Lee Bennett.
Mayor Parker said that he knows that this is the land of free speech but to please
keep it brief as the agenda is very large tonight.
O'Brien moved to amend the agenda by the addition of real estate. Mayor Parker
said that he is going to change the order of business on the agenda and hold the public
hearings first. Chris Lightle presented the 99 audit to the Council that was completed in
April. Burke asked about the recommendations. Lightle said that it is on going. Burke
said that in the letter from the firm that it states internal controls are being studied, we are
paying the firm twice for the same thing. O'Brien said that the City has asked that the
auditors look at significant controls and a more thorough look at the lower levels. Lightle
said that when doing the regular audit that there is not enough time to go and watch the
departments on a daily basis and that is what he is doing now. Youmans asked if he was
covering all departments. Lightle answered yes.
Mayor Parker opened, asked for comments and closed the following public
hearings according to the laws of Georgia and Tybee Island Code of Ordinances.
Attorney Thomas Mahoney, Jr. presented the petition from Penn Myrick for a
minor subdivision for Lot 3 18th Place PIN 4- 9 -6 -31. Mahoney stated that this petition
has been before Council on a previous occasion and that the drainage has been addressed
as requested. Mahoney asked that Council stays focused and act on the only thing before
you tonight is the request for a minor subdivision of 1 lot into 2 lots. Mahoney said that
all documents required for this subdivision are on file in City Hall. Parker asked if this
was correct. Zoning and Building Director Chuck Bargeron said to the best of his
knowledge it is correct. Pearce said according to the ordinance that you must be 18 feet
from the seawall and this is pretty close to the dune line. Mahoney answered that is
getting into the building questions, but there is no intent to ever get to that point.
Sessions asked to see the plans. Mahoney requested that the City pass out the plan.
Mahoney said all ordinances have been followed to the letter, there is even an approved
drainage plan that is not a requirement for a minor subdivision. Pearce stated that the
ordinance has been changed. Mahoney answered that the City engineers approved the
drainage plan and that it will help some of the problems in that area. Mahoney also stated
that Council had approved Lanier for 2 single family homes when the drainage was a
problem and also approved Damarjian's subdivision without a plan. Mahoney said that
Section 5-4 -8 Storm Water has been addresses and the information has been submitted to
City Hall Inspections Department. Mahoney said benchmarks are in place and that the
elevations are shown, Myrick has provided the proper application for a minor
subdivision. Sessions asked about the original application. Mahoney answered it was
submitted to Tybee Island and then to the engineers for review. Sessions said no stamp
from the engineers appear on the plan. Mahoney said that if the plan was deficient then
Nicholson of Hussey, Gay, Bell and DeYoung would have brought it to the attention of
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the City and Myrick. Bargeron stated that three copies of the plan are run, stamp one and
send to engineers. Bargeron said his is a copy and it states it meets the requirements.
Sessions asked if we accept plans that do not have stamp or signature? Bargeron said so
many changes that he does not know where the original is filed. Youmans asked who
pays Hussey, Gay, Bell and DeYoung? Bargeron answered that the City sends the
applicant a bill. Burke said that when the north side was developed that no drainage
plans were required for approval. Sessions said that we learn from our mistakes, in June
96 Ryan asked for subdivision from 1 lot into 3 lots with the front lot being his personal
resident. Hughes responded stating that one lot was large enough to divide into two lots.
Sessions said it should have been a major subdivision petition instead of a minor.
Hughes said major subdivision can be triggered. Parker asked time frame. Sessions said
that there is nothing in the code that addresses this problem. Youmans said the
ownership has changes since the minor subdivision was approved. Hughes said that the
if the piece of property is all in common ownership, City could require a statement from
the owners if the lot would be large enough to subdivide. Mahoney said the 96
subdivision of the entire property could not be binding on his client. Mahoney presented
Council a presentation on pictures concerning the dunes and the dune line in question.
Mahoney said that a property owner has the right to petition Council for a minor
subdivision. Mahoney stated the letter required by law has been given to the City
officials and he is requesting that you vote to grant this petition. O'Brien brought up
Section 5 -150 (a) standards. Mahoney answered that he is aware of this ordinance and
that it has been addresses with the drainage plan on this site. O'Brien questioned the
storm surge and flooding. Mahoney said that structures are built to withstand 110 -MPH
winds and any building would comply with the ordinances. Mahoney again stated that
they are before Council tonight with a petition for a minor subdivision. Youmans asked
what they difference was if a hurricane hit Tybee if this was one lot or two. O'Brien said
that some of us do not understand standard. Burke asked O'Brien what she was talking
about. O'Brien answered storm surge. Parker asked if the ordinance was written to
include storm surge on the entire island. Hughes said the ordinance relates to flooding
under the storm water section, and FEMA addresses storm surge and they have
regulations for building. Hughes stated that what O'Brien said has a lot more application
to a major subdivision. Mahoney said that the wording will be on the plat, which is a
legal binding document. Damarjian told Council that they are being asked to create an R-
2 lot in a flood zone, creating a bottleneck. Damarjian said that this does not meet
Section 5 -150 (a) and that the City would have to buy the land. Parker answered that the
City would not have to purchase, that FEMA deals with that issue. Todd Lanier spoke in
opposition of the petition stating that a few years back that water was reclaiming a
portion of this lot. Lanier also said that responsible development is the issue. Lanier
asked Council to do what is best for Tybee. Henry Levy said that there is evidence that
dune was destroyed and that a dune is the first line of defense. Levy stated that the
Planning Commission voted 3 — 2 to deny the minor subdivision. Mahoney addressed the
statement about responsible development stating that Dr. Lanier had no drainage plan
submitted when he requested his subdivision, Council approved his petition after
complaints about flooding. Mahoney said that the Planning Commission vote was 2 -2
and that Levy broke the tie by voting to deny because of personal reasons. Harold
Heyman said that the property was sold only if it could be subdivided. Sam Adams said
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everybody has an opinion, if the engineers does something and doesn't stamp the
document then City has no recourse if done wrong. Adams said that Lanier did not
engage in eating away land that protected his land. Adams stated that Mahoney is good
at saying you did it for that guy then you must do it for the other guy. Parker closed this
hearing after 1 hour of discussion.
Paul Jackson presented his petition for final plat approval on Marshwinds stating
that all the documents required are in City Hall. O'Brien said that she has not seen the
plan. Hughes asked if the infrastructure is in place. O'Brien said that trees are not shown
on the plan. Jackson said that was submitted to the City, he has come before Planning
Commission 3 times and before Council twice. Hughes read a letter from Nicholson
concerning the drainage. Youmans asked if this is the same guy that approved the
drainage plan in the first hearing. Bargeron answered yes. Sessions asked if the City has
drainage plan signed and stamped? Bargeron answered that all concerned met on site.
Hughes said that the approved subdivision should have had a drainage plan. Jackson said
that as a City Council member you should have already seen all the documents. Sessions
said that we just put Mahoney through it all. Pearce said that he remembers seeing a tree
survey but we need to have all documents before us before we make a decision. Jackson
said that Council has already passed the preliminary plan and that should be in City Hall.
Levy said that the Planning Commission voted 6 —0 to recommend approval, 1 abstained.
Joseph Murphy presented Council with a petition for a variance for non-
conforming use at 1804 Butler Avenue, PIN 4- 9 -6 -10. Murphy said that he wanted to
square off the north west comer and add stairs to make this a single family home.
Sessions asked if this is a request for an extension of non - conforming use. Burke asked
how far into the setbacks. After Murphy showed Burke on the plan Burke said that he
needs a variance for both sides and that the Planning Commission approved this request.
Parker said that this would square off what was already in the setback. Levy said that the
Planning Commission voted 3 to 1 to recommend approval.
Thomas Mahoney presented Council with the site plan review for Clark at 404
Butler Avenue, PIN 4- 4 -20 -1. Mahoney stated that this site plan meets all space
requirements, drainage is addressed, and the parking is off street and that if the 5 -foot
fence is historical that they will leave it in place. Parker asked if the parking entrance
will be off Center. Mahoney said no it will be from Butler. Mahoney said that on Center
Street that the plan only adds gutter and curbs. John Kern said it will be 65 feet off
Butler and 20 feet off Center Street. Pearce said that the drainage plan says a proposed
retention pond. O'Brien said the plan is to be provided. Kern said that he is sorry that he
does not have the plan with him tonight. Pearce said in the past have dealt with word of
mouth and that it disrespectful of you not to have all the documents. Mahoney responded
stating that the applicant turns in the documents to City Hall and it is their responsibility
to have them available for City Council review. The DOT permit was discussed.
O'Brien said that she would like to see an architect rendering of the building and a
calculation of the 65% that shows the total set back square footage. Kern answered that
has been submitted. O'Brien asked if there were 21 units. Mahoney answered 18 units.
O'Brien stated that Council does not have the final application. Sessions questioned
hotel suite — condos under same ownership. Mahoney answered that they are not asking
for condos, asking for approval upon getting information to Council. O'Brien asked
about topographical map and the soil and erosion plan. Mahoney said that was submitted
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to City Hall and that he can not speak for documents once they reach City Hall. Burke
asked why all of a sudden all the questions? Pearce said these two ladies were very good
on the Planning Commission. Sessions said she knows that they worked with Planning
Commission and submitted a good plan and she appreciates it. Pearce said he feels that
more information is needed. Levy said that the Planning Commission voted 3 to 1 to
approve the site plan.
Robert McCarthy petition Council for a setback variance for his home at 1603
Butler Avenue, PIN 4- 8 -18 -3 stating that he was not prepared to present and hope that
Council has all the documentation needed. Sessions asked if this was for a foot variance
n the rear of the house. McCarthy answered yes. Burke asked about the plans.
McCarthy said this would add 800 square feet on the back of the house. McCarthy said
that when they purchased the house that they did not plan for year round and that now he
and wife have their five children and their spouses living at the house. Youmans said that
is a hardship in itself. McCarthy said that the back porch is rotten and must be removed.
Pearce asked about a drainage problem. McCarthy said that the roof is flat and does not
drain. Hughes stated that the side yard is to close. Levy said that the Planning
Commission voted 4 to 3 in favor and requests that Council stipulate 5 -foot extension on
rear of house. Burke asked what is the hardship? Levy answered the drainage and a
storage place.
Levy presented Section 3 -090 Schedule of Development from the Land
Development Code stating that there is no change to the ordinance but this will make it
easier to understand. Hughes said that it appears that the fire protection has been deleted.
Parker said that the City Attorney should be allowed to review. O'Brien said that under
C -1 -A rear set backs what does "0" to "4" mean and headings are needed at the top of
page. Hughes said this will have to be re- advertised.
Mayor Parker opened the meeting for business legally presented.
O'Brien moved to approve the Final Plat for Marshwinds subdivision
contingent upon seeing the trees reflected on the plat and the drainage plan. Pearce
seconded. Vote by Council was unanimous.
Pearce moved to approve the setback for extension of non - conforming use for
Joseph Murphy at 1804 Butler Avenue. Monaghan seconded. Vote by Council was
unanimous.
Youmans moved to approve the Site Plan Review for Clark at 404 Butler
Avenue contingent upon all information required by the Codes. Burke seconded.
Vote by Council was unanimous.
Pearce moved to approve the setback variance for Robert McCarthy at 1603
Butler Avenue. Youmans seconded. Vote by Council was unanimous.
Youmans moved to approved the minor subdivision for Penn Myrick on Lot
# 318th Place. Burke seconded. Sessions said that there is no need to beat a dead
horse. Sessions stated that in addition to the LDC of Ordinances, but that we need to
consider what we already know. Sessions stated that there are problem with the drainage
plan, there is no turn around, the Federal and State Governments renourish the area, more
erosion, local citizens will have to take responsibility, this subdivision should be looked
at as a major subdivision. Sessions also stated that the Master Plan should be considered.
Youmans said that Myrick could build a single family as big as possible and the only
issue tonight is the petition for a minor subdivision. Burke said that he agrees with
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Youmans and that Sessions concerns are great but not before us tonight. Burke stated
America's people have the right to do things and is you don't like it that is your personal
opinion. Hughes asked that if Council passes this petition tonight that the infrastructure
of drainage be shown on the plat. Sessions said the citizens spoke for low development
in the Master Plan — single family home and that Council needs to listen to the citizens.
Youmans said that Council just approved Marshwinds and the flood damage from the
ocean would be the same. O'Brien called for the question. Sessions seconded. Vote by
Council was unanimous. The vote on the main motion was 2 in favor to approve
(Youmans and Burke); 4 opposed (Sessions, Monaghan, O'Brien and Pearce).
Attorney Fred Clark addressed Council again on the issue of a dune crossover at
18th Place. After a lengthily discussion Parker said that he would contact DNR and find
out the reason that they need all property owners on the easement to agree to build a
crossover. O'Brien said that Hughes has a good point about the City not getting
involved.
Cullen Chambers gave Council a gift form the Byrd Cookie Company. The tin
box is the second in the collection of historical places. The box has the Tybee Island
Lighthouse on it. Chambers also volunteered to write and administer a grant that is due
by July 17 on behalf of Tybee Island to get matching funding for the architectural plan
for the Community Center. Chambers said that 60 % - estimate $17,000 from the State
and $7,000 from the City. Parker asked when this wold start. Chambers answered
October. Parker said this item could be put in the 2001 budget. Chambers said the City
would have one year in which to complete the project. Youmans asked if the City was
awarded the grant, then where will the funding come from to redo the Community
Center? Chamber answered regardless the City would have to spend money on the
upkeep and this fund could be a phase approach. Pearce moved to accept Chamber's
proposal. Sessions seconded. Vote by Council was 5 in favor (Burke, Sessions,
Monaghan, O'Brien and Pearce); 1 opposed (Youmans).
Andy Seaver presented Council with the Asset Channels Proposal explaining that
he has met with Hughes and the head of Public Works and the area by the police station
would be good for them. The cable will come out of the ocean, will come up Center
Street and then to Fort Screven. Pearce moved to authorize Hughes to negotiate with
Seaver for as much money as the City can get. Sessions seconded. Vote by Council
was unanimous.
Monaghan moved to approve the request from Michael Scarbrough for the
Tybeefest to be held September 22 and 23, 2000 and also approve $5,000 seed money
form the City. Sessions seconded. Vote by Council was unanimous.
Chief Price and head lifeguard Charles Kilpatrick discussed surfing stating that it
is a judgement call by the lifeguard. Price said if there are no swimmers in the area then
let the surfers surf. Tim Malin said it is a good thing that Tybee is trying to make it safer
for the surfers and the swimmers. Malin said that the nose guard is some level of safety,
but the leash has a warning on it — there is some danger until you learn to use it. Malin
also stated that congestion is a problem. Jim Goodlett said that surfers are helping
swimmers. Goodlett asked if a leash is put on a skateboard or a bike? Parker said that
you have brakes on a bike. Goodlett said you need to teach people how to use a leash in
a safe way. Parker said let us do some research. Sessions said that she enjoys watching,
but it gets out of control when swimmers are close by.
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Charlie Waggoner requested that Council adopt a Resolution for the Tybrisa
Park. Waggoner said that this is needed in order to apply for a grant. Waggoner asked
that Council to consider changing the name of the committee to the Heritage Committee
when this project is complete. Burke moved to adopt the Resolution. Pearce seconded.
Vote by Council was unanimous.
Ronnie Brone asked permission from Council to set up on Tybrisa Street by
Yai' Yai's to play his music. Brone said his he would put out a tip jar and he has
special equipment and the music would be low volume. Monaghan asked if this would
be in Yai' Yai's or outside on the street. Brone answered between the palm trees on the
sidewalk. Burke said that Christy's sells hot dogs outside. Parker answered that is on
their property. Brone asked Council to set guidelines and that he would follow them.
Burke said maybe in some other public area. Parker asked about electricity. Brone said
none needed. Monaghan asked when would you play? Brone answered Friday,
Saturday, Sunday and Monday and no later that 12:30 A.M. Parker told Brone to let the
City investigate further. Hughes will research the ordinances.
Henry Levy, Tybee's representative on the CUTS Advisory Committee, told
Council that he would like to come down to City Hall on September 7, 200 at 7 P.M.
with the MPC so that Council and the citizens know what is going on with the roads in
Chatham County. Levy also asked that Council replace Judy Winfrey on the Planning
Commission as soon as possible. Sessions said that a position on the Planning
Commission is very unappreciated, some mistakes are made, but some good work has
come from the Commission. It is also a time consuming job. Burke said that is great but
that we have people on the commission with own agenda. Parker said that they make
recommendations and that Council makes the final decision. Sessions stated that staff
and Council have their own personal opinions.
Pearce moved to approved the June 8 and 20 minutes as presented. O'Brien
seconded. Vote by Council was unanimous.
Earl Shaffer presented Council with photographs from the Orange Crush
weekend. Shaffer said a man was arrested, that he was subpoenaed to court, the judge
told the man to come to the next court and bring his commanding officer. Shaffer said at
the next court the man did not bring the commanding officer and the judge dismissed the
case.
O'Brien moved to approve the alcohol beverage license for Dawn's Place
located at 1513 Butler Avenue in the name of Patricia Knight. Pearce seconded.
Vote by Council was unanimous.
Pearce moved to adopt the resolution for General Fund to loan Water Sewer
money. O'Brien seconded. Vote by Council was unanimous.
Pearce moved to adopt the resolution authorizing the Mayor to sign documents
on behalf of the City for the loan from GEFA for the wastewater treatment plant.
Monaghan seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan,
O'Brien and Pearce); 1 opposed (Youmans).
Youmans moved to accept the recommendations from DOT concerning the
safety at the curve on Butler Avenue. Monaghan seconded. Vote by Council was
unanimous.
Council agreed to hold off any decisions for the U.S. Fish and Wildlife Service
concerning the critical habitat for Piping Plovers.
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Pearce moved to pass on the increase of $.47 per month per resident for
Waste Management to the consumers. O'Brien seconded. Vote by Council was 4 in
favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans)
Send information to Hughes.
Burke moved to offer only HMO health insurance to the employees because of
the increase of the PPO premiums of $103.00 per month, per employee. Pearce
seconded. Vote by Council was 5 in favor (Burke, Youmans, Sessions, O'Brien and
Pearce); 1 opposed (Monaghan).
Pearce moved to appoint Shirley Sessions as the representative from the City to
the Marine Science Foundation, Inc. stating that she will have no vote on the board.
Monaghan seconded. Vote by Council was unanimous.
Debbie Barreiro was appointed by Council to serve the remainder of Judy
Winfrey's term on the Planning Commission.
Pearce moved to adopt Section 6 -1 -2 Water Conservation on its first reading.
Monaghan seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan,
O'Brien and Pearce); 1 opposed (Youmans).
Burke said that Tybee needs some restrictions on doublewide trailers. Hughes
said that you could limit the zone where they can be located. After 1976 a double wide
was consider a manufactured home and must comply with all the rules and regulations of
FEMA. Sessions stated that Burke took a lot of time to research this issue. Hughes said
that in the codebook under R -1 that it is confusing.
Burke brought up the issue of Use of Parks and North Beach. Council agreed
that City Manager Tom Cannon could handle that issue.
A report from O'Brien on the gym/pool complex was discussed and it was
decided that a full report will be given at the August meeting.
James Moore addressed Council on the issue of Alltel adding 6 more towers to the
tank stating that the engineer study proves that the additional weight will not harm the
tank. Burke moved to authorize Hughes to negotiate the lease for the additional
towers. Pearce seconded. Vote by Council was unanimous.
On the consensus by Council further research will be done on Section 9 -5-
1(A)(9) Beach Rules Surfboards.
Pearce moved to adopt Section 9- 5- 1(a)(13) Beach Rules — No Kegs on the
Beach on its second reading. Sessions seconded. Vote by Council was unanimous.
Pearce moved to go into closed session to discuss litigation and real estate.
O'Brien seconded. Vote by Council was unanimous.
Clerk of Council
Mayor Walter W. Parker
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9.1.12 Tybrisa Park
RESOLUTION
Tybrisa Park
Whereas, on January 8, 1998, the City Council of Tybee Island established the Tybrisa Park Commission
to assist the City in establishing a new Park at the southern terminus of Route 80, at Tybrisa Street, in
Tybee Island, and
Whereas„ after planning and preliminary design effort, a Park Design Concept has been developed
having an approximate total price estimated at $426,000.00 and
Whereas, The Tybrisa Park Commission is recommending to the City Council that the City accomplish
the next phase of establishing the new park by approving the Park Design Concept, by seeking funding
for the park, and by accomplishing additional efforts towards the establishment of the park:
NOW, THEREFORE, be it resolved by the City Council of Tybee Island that:
1. The Tybrisa Park Design Concept, as attached hereto, is approved for establishment of a Park on
City-owned property at the southern terminus of Route 80, at Tybrisa Street, in Tybee Island, Having an
estimated design, development, and construction cost of $426,000.00.
2. The City shall apply for a grant from the Georgia Department of Transportation Intermodal
Transportation Enhancement Administration, in the amount of $300,000.
3. The City shall provide matching funds in the amount of $60,000.00 of in -kind contributions, plus
$10,000 cash towards the park costs, concurrent with receipt of the GA DOT grant funds, and $10,000. in
contingency reserve funds.
4. The City understands that $36,000.00 will be provided by professional like kind contributions and
$10,000 by private donations.
5. The City authorizes the Tybrisa Park Commission to continue assisting the City in establishing the
new Tybrisa Park by participating in applying for the grant from the Georgia Department of
Transportation, and by converting the Park Concept Design into more complete development and
construction plans and specifications for approval by City Council.
This 13th day July of , 2000.
Page 1 of 2
9.1.12 Tybrisa Park
Mayor
Clerk $'f'Couni1
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Page 2 of 2
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RESOLUTION
Whereas, the City of Tybee Island operates pursuant to a budget containing
separate funds; and
Whereas, as required by law, the City has independent audits performed of its
funds; and
Whereas, the water sewer fund has incurred indebtedness to the general fund of
the City in the amount of $1.1 million dollars and the City needs to develop a plan for the
repayment of such funds;
THEREFORE, BE IT RESOLVED that a plan will be developed immediately to
establish a method of repayment of the outstanding loan from the water sewer fund to the
general fund in as prompt a manner as possible. In the interim, no interest will be charge
on the indebtedness.
This 13th day of July, 2000.
ayor Walter W. Parker
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RESOLUTION AUTHORIZING MAYOR
TO EXECUTE DOCUMENTS
WHEREAS, the City of Tybee Island is desirous of upgrading the reliability
of the City's Wastewater Treatment Plant to better serve the Citizens of Tybee
Island, and
WHEREAS, the State of Georgia, Georgia Environmental Facilities Authority
has a program for making loan funds available to Georgia Municipalities for the
construction of such facilities; therefore,
BE IT RESOLVED that Walter W. Parker, Mayor, is hereby authorized and
directed to execute on behalf of the City of Tybee Island any and all documents
pertaining to the above noted loan.
Adopted at a meeting of the Tybee Island City Council, on July 13, 2000.
alter Parker, Mayor
a qu 1} n RlBrown
Jerk of Council
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Mr. Bill Farmer
June 28, 2000
Page 2
The new rates for PPO and HMO health coverage, as well as dental if applicable, will be
effective September 1, 2000 and will appear on your September premium statement which will
be mailed on or about August 15, 2000. Life, AD &D and short term disability rates will not be
increased for September. The GMA renewal date for these coverages is January 1, 2001.
You will be advised separately, prior to January 1st, if these rates will be modified for next year.
NEW RATES EFFECTIVE SEPTMBER 1, 2000
Please add the employee and dependent rate together to arrive at the family rate
Employee
Dependent
PPO HMO DENTAL
$309.00 $179.00 $16.00
$417.00 $240.00 $34.00 '
The board of trustees and staff recognize that these increases may result in a hardship for
some members, but this action is necessary to stabilize the GMA Life and Health Insurance
Fund so as to continue to provide this program to our members:.. The board and staff also
want to thank you for supporting the fund by your continued participation through the years.
If you have any questions, please contact me, Linda Gady, Steve Durden or Lisa Modlin.
Linda, Steve and I can be contacted at (404) 688 -0472 in metro Atlanta, or toll -free within the
state at 1- 888 - 488 -4462. Lisa can be contacted directly at 912 - 988 -9609.
Sincerely,
CcL,
Calvert Wray
Director of Risk Management
and Employee Benefit Services
CW: vwc
June 26, 2000
ROWENA B. FRIPP
CITY ADMINISTRATOR
CITY OF TYBEE ISLAND
P0BOX128
TYBEE ISLAND GA.,31328
DEAR ROWINA,
PLEASE BE ADVISED THAT THIS LETTER SERVES AS A FORMAL
PETITION FOR MODIFICATION OF RATES PER CONTRACT SPECIFICATIONS.RATE
ADJUSTMENTS ARE BASED ON THE CONSUMER PRICE INDEX WHICH STANDS AT 3.5 %.
AFTER ADJUSTING FOR THE CURRENT FUEL SURCHARGE STILL IN EFFECT,THE END
RESULT IS 2.4 %. ALSO LANDFILL RATES HAVE INCREASED A MODEST 1.3% THIS PAST
FEBRUARY. THIS REFLECTS A 3.7 %INCREASE IN OUR TOTAL OPERATING COST AT TYBEE
ISLAND.
DUE TO THE ABOVE MENTIONED OPERATING INCREASES , I M ASKING TYBEE
ISLAND GRANT AN OVERALL RATE INCREASE OF 3.7% FOR THE PERIOD BEGINNING JULY
1.2000 THROUGH JUNE 30 2001.THIS 3.7% INCREASE WOULD REFLECT A $.47 INCREASE PER
RESIDENT PER MONTH.
WE AT WASTE MANAGEMENT OF SAVANNAH WANT TO THANK YOU FOR THE
BUSINESS OPPORTUNITY YOU HAVE GIVEN US AND LOOK FORWARD TO A LASTING
RELATIONSHIP. SHOULD YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CALL.
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DISTRICT MANAGER
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9- 1- 5(a)(13)Kegs on Beach
ORDINANCE NO. 2000-21
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 9 Licensing and Regulations, Chapter 5
Beach Rules and Regulations, Section (a)(13) Kegs on Beach be amended with the addition of
paragraph 13 to read as follows:
Section 1. Section 9 -5-1 is hereby amended to read as follows
9 -5-1 RULES AND REGULATIONS FOR USE OF THE MUNICIPAL BEACHES.
(a) All persons entering upon the public beaches, or structures erected thereon, shall comply with the
following rules and regulations, and failure to do so shall constitute a violation of this ordinance;
(1) Swim within 50 yards of shoreline. It shall be unlawful for any person to swim outside of the
area extending 50 yards from the water's edge.
(2) Place litter in trash containers. It shall be unlawful to throw, place, deposit, sweep or scatter,
or cause to be thrown, placed, deposited, swept, or scattered, any paper, food, bottles, cans, trash,
fruit peelings or other refuse upon the beaches or structures erected thereon.
(3) No glass or breakable containers. It shall be unlawful for any person to take or carry upon
the beaches or structures erected thereon any glass or breakable containers.
(4) No pets It shall be unlawful for any person who shall own, or be in control of, or be in charge
of, any dog or other pet, to allow or take that dog or other pet upon the beaches or structures
erected thereon. This does not include properly certified guide dogs, or similar animals assisting
the blind, deaf, or other physically handicapped persons.
(5) No motorized vehicles. It shall be unlawful for any person to take any motorized vehicle on to
the beaches or structures erected thereon. This ins\includes automobiles, trucks, motorcycles, all -
terrain- vehicles and similar motor driven vehicles and craft. This does not include properly
marked emergency vehicles while in the course of an emergency operation, or
maintenance /utility vehicles in the employ of the City of Tybee Island or similar governmental
entity and engaged in a legitimate operation.
(6) No motorized watercraft. It shall be unlawful for any person to operate any motorized
watercraft, such as a jetski, motor boat, and similar craft, within 1,000 feet of the waterline on
any part of the beach between the north and south rock jetties.
(7) No fires. It shall be unlawful for any person to build or maintain any type of open fire on the
beach, including any type of charcoal fire, whether or not in a grill or similar container.
(8) No disturbing of dune vegetation or walking in the dunes. It shall be unlawful for any person
to pick, gather, remove, walk in the dunes, or otherwise disturb the vegetation present on sand
dunes, including sea oats.
(9) Surfboarding and fishing only in designated areas. No person shall operate a surfboard or
fish except in areas designated for such purposes.
(10) Obey the commands of lifeguards. It shall be unlawful for any person to deliberately disobey
any reasonable command of a duly appointed and identified lifeguard while in the legitimate
performance of his or her duty, such commands being intended to ensure the safety of persons
using the beach and any structures erected thereon.
(11) No disorderly conduct or endangerment of self or others. It shall be unlawful for any person
to come upon the beaches or structures erected thereon, and individually or in concert with
others, do any act or create any condition which does or is calculated to encourage, aid, abet, or
start a riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that
that person was solely responsible for that riot, public disorder or disturbance of the peace, but
only that his or her appearance, manner, conduct, attire, condition, status or general demeanor
was a motivating factor that resulted in the riot, public disorder or disturbance of the peace. Any
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9- 1- 5(a)(13)Kegs on Beach
person who refuses when commanded by a police officer or other enforcement official of the city
to leave the beach or structures erected thereon immediately, shall be guilty of an offense for
refusal to obey the order or command of a police officer or other enforcement official of the city,
and deemed to be a rioter or disturber of the peace. It shall also be unlawful for any person to
come upon the beaches or structures erected thereon and act in any way which is likely to cause
endangerment to himself, herself, or others.
(12 No nudi on beaches.
b) Exceptions to any of the above rules and regulations may be allowed by way of a special permit grant
by the Mayor and Council of the City of Tybee Island.
c) Enforcement of these rules and regulations shall be by employees of the Tybee Island Police
Department or the City Marshal. The duly employed Police and City Marshal are authorized to require
persons using the beach or structures erected thereon to obey reasonable commands designed to protect
the public and public property, and the failure to obey any lawful command of those individuals shall be
a violation of this ordinance.
d) Penalty for violation. Any person convicted of violating any of the provisions of this section shall be
punished by a fine not to exceed $1000.00 or imprisonment for a term not exceeding six (6) months and
to perform community service for a period not exceeding 60 days, any or all such penalties in the
discretion of the recorder judge. When found by an employee as described above, the person responsible
for the violation will be issued a citation and subpoena which names the violation and establishes a date
for the violator to appear in court to answer the charge. Violators may elect to pay the fine without
appearing in court; such action shall constitute a plea of guilty to the charge. When confronted with a
violation, enforcing officers may exercise discretion to the point of transporting violators without delay
to the Police Station for the purpose of posting bond in order to ensure their appearance in court.
e) Severability. The provisions of this ordinance are severable. If any section of this ordinance is
declared unconstitutional, illegal, or void, it shall not affect or impair any of the remaining sections of
this ordinance.
f) Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
(2; 2/13/97)(Ord.1998 -13; 6/11/98)(Ord. 1998-16; 7/23/98)
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 13th day of July, 2000.
Mayor Walter W. Parker
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer,
duly authorized to administer oaths, i¢L7 6 ''27,�1.2ee , 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 CT day of 'c•\ ,
(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
the meeting held on the 13 of .LS , 1999, which was
closed for the purpose(s) of 2�� ms's /�-
ass / W-_ as allowed by
O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
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(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.
This /--T day of
(5)
Sworn to and subscribed
before me this day
of , 1999.
Notary Public
, 1999.
lrayor /Presiding Officer