Loading...
HomeMy Public PortalAbout20000713CCMeeting1 @ @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 1 1 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 1 1 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 1 1 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 1 1 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. 1 1 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. 1 1 1 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 1 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 1 1 Page 2 of 2 1 ••-i;; _ _ . • . •-; ' .:.• • . 7: • • Pti 17.1111 -• 1 -:‘ t 1.4 ••••:, • i• • 4.. • - j f •,1 `• • • •••• — .e- •-■ (... .. '1';'' -----' ' : — - . 1. • -'.:.;—'1. 7 P ; -...-- .. / =-: f • a. -.-- __,...., Z..., ..., 1.,, • • • -,7.....--_,.... .4 . ;:•.,- s'----- ,- • ./7 • • -• • ---' . I • ; 7 I 3 t. \ \, : : ; :1 • • ' :' ,7 ; - -•••=. -1 ;-: I' ',' '...__)_/ l ) ; '. '•::- ; i. - .. • • • ., ;) "--: \ ---. f 1 .z-- / _ ." , • " ' , - I ";-- • ; - ••• ; C • 1. • •:' —• • ;-•" "sr • '‘• ' • 1 aiax-1111 1 1 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 1 1 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 1 1 1 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. 1 AC-) 4-1) - v � - C3-/4}2- 1 DISTRICT MANAGER 1 1 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 Page 1 of 3 1 1 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 Page 2 of 3 1 1 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. 1 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. This /--T day of (5) Sworn to and subscribed before me this day of , 1999. Notary Public , 1999. lrayor /Presiding Officer