HomeMy Public PortalAbout20010913CCMeeting1
1
@ @ITEM 2001 -09 -13 City Council Minutes
Mayor Walter Parker called the September 13th City Council meeting to order at 7
P.M. The following members of Council were present: James Burke, Jack Youmans,
Shirley Sessions, Pamela O'Brien and Mallory Pearce. Acting City Attorney Dana Braun
and City Manager Tom Cannon were present.
Father Otto Immel gave the invocation, which was followed by the Pledge of
Allegiance and God Bless America.
Jan MacKinnon, Georgia Department of DNR Coastal Management, explained
the program and the incentives to Council and gave a slide show of what the Coastal
Management has to offer in the way of grants and incentives.
Pearce moved to enter into executive sessions to discuss personnel and litigation.
O'Brien seconded. Vote was unanimous. Mayor Parker reconvened the regular meeting.
David Ring requested a one -day special beer license for a benefit to be held on
September 29th for Bruce from the Breakfast Club to help defray the medical bills.
Curtis Carver addressed Council on his concerns about the flooding of his
property at # 210 Street that has been going on for 10 years. Carver said they have lost
a dog, have to move cars and something needs to be done. Carver has written a couple of
letters and has had some response. Carver told the Mayor that the time that he was called
that he could not get down to the house. O'Brien asked for a current copy of the
drainage priority list. Cannon responded that every member would receive a copy.
The Mayor proclaimed and urged every citizen to get an influenza and a
pneumonia shot.
Mayor Parker opened, asked for comments and closed the following public
hearing according to the laws of Georgia.
Pearce explained the proposed zoning text amendment on uses in the C -1
district stating that it would limit the restrictions to certain streets, not the entire C -1
area. It is noted that the Planning Commission turned down the proposal. Bobby
Phillips, representing Nick Alexander and Tony Simon. Charlie Masterpolis spoke
against. Jenny Orr said that there are good and bad points. Angel Schroeder said condos
do not belong in C -1 district. Burke said should go back to Planning Commission since
wording has been altered. E -mail from Diane Lightly asked for Council to please vote
no. Chip Ziegler said he would like to see and hear what the property owners in C -1 have
to say. O'Brien moved to adopt the ordinance that was attached to a note from
Jackie on the 11th of September. Pearce seconded. Pearce moved to amend by adding
"depth of 60 feet ". O'Brien accepted. O'Brien said deal with this tonight and set a
workshop for 2 weeks from tonight. Acting City Attorney Dana Braun said he has
concerns about passing on first reading tonight, then changing the wording and then
passing on second reading in October, it is safer to have the 1st and 2nd readings identical.
Pearce asked Cannon to bring in a planner to make sure it is legal. Braun said every
thing is legal but you lose your safety net when you change wording between 1st and 2nd
readings. Council vote was 2 in favor (O'Brien and Pearce); 3 opposed (Burke,
Youmans and Sessions). Pearce moved to send back to the Planning Commission
with the addition of "Depth of 60 feet" and Hughes new wording as of September
11, to look at the long range goals in a workshop set for September 27 at 7 P.M. with
Council and the Planning Commission. O'Brien seconded. Parker said this means a
1
continuation until the October meeting. Council vote was 3 in favor (Sessions, O'Brien
and Pearce0; 2 opposed (Burke and Youmans).
Back ground on the growth control issue was discussed at length. O'Brien
would like the July 2nd growth report of this year to be added as part of these minutes as it
supports the text amendment. Pearce asked for a point of order. Burke moved to deny.
Youmans seconded. Vote by Council was 2 in favor of denial (Burke and Youmans); 3
opposed (Sessions, O'Brien and Pearce). O'Brien moved to handle the hearing on
Growth Control the same way as the C -1 uses and advertise for October meeting.
Pearce seconded with the amendment for Section 5 to read "If a permit holder or
applicant desires more hook-ups permits than received in a lottery, such permit
holder or applicant can gain additional hook -up permits by donating or dedicating
an individual buildable parcel to be a permanent green space /natural habitat
parcel." O'Brien accepted the amendment. Levy said that the vote by Planning
Commission was a unanimous vote to deny. Vote by Council was 3 in favor of motion
(Sessions, O'Brien and Pearce); 2 opposed (Burke and Youmans).
Mr. Tom Olsen presented Council with a petition from Tommy Clark for a 27
condo unit site plan Phase III at 404 Butler Avenue PIN 4- 4 -20 -1. Olsen said that this
is for concept approval, everything meets all ordinances, all setbacks without requesting
any variances, and the 65% green space required is in the addressed in the setbacks.
Parking is adequate, 216 to meet the ordinances. This will be a 4 -story structure and
there will be 27 condos verses the 56 motel rooms at present. O'Brien questioned Phase
II hotel suites asking if there is adequate parking. Olsen answered yes. O'Brien said
Council learned that the hotel suites had been changed to condo, but the suites were
approved by Council not the condos. O'Brien stated that she would not entertain any
new construction until Phase II is in compliance with codes and ordinances. Sessions
agreed. O'Brien said a buffer is needed between residential and commercial. Clark
answered the parking and buffer concerns. Clark said that H. G. B. & DeY have
approved all the drawings. Bargeron told Council that McAfee had the City go all over
the site and all fmdings were in a red notebook that is no longer in McAfee's old office.
O'Brien moved to table decision on Phase III. Pearce seconded. Vote by Council was
4 in favor (Burke, Sessions, O'Brien and Pearce); 1 opposed (Youmans).
Wayne Disher presented Council with a variance petition for an 8 -foot setback
on rd Avenue side of lot. Pearce asked if Disher is willing to have a tree survey.
Parker asked how many palms. Disher answered 10, but we have relocated 2. Pearce
asked what is the hardship? Disher said that he couldn't build a comparable house with
other houses in the area. Levy said Planning Commission voted 4 to 3 in favor. Susan
Edwards spoke in favor of the variance. Sessions moved to approve the variance.
Youmans seconded. Vote by Council was unanimous.
Carew Rowell requested variance for continuance of non - conforming use of
48 -inch setback variance to build a set of stairs at 605 Lovell Avenue PIN 4- 5- 12 -12.
O'Brien stated that it means that the stairs would be 4 feet into the setback on Lovell
Avenue. Planning Commission vote 7 to 0 to approve. Burke moved to approve.
Pearce seconded. Vote by Council was unanimous.
Haile Parker requested a variance for continuance for non - conforming use in
order to add a screen porch to his deck at 1017 Lovell Avenue PIN 4- 6 -13 -7. Levy
1
1
1
said the Planning Commission vote 7 -0 in favor. Burke moved to approve. Youmans
seconded. Vote by Council was unanimous.
Hal Stillings requested a variance for non - conforming use for adding a room
to the back of his home at 1207 Lovell Avenue. Levy said the Planning Commission
voted 5 in favor, 1 opposed, 1 abstained. Burke moved to approve. Youmans seconded.
Vote by Council was unanimous.
Gary Sanders presented Council with a request for site plan approval for Pam
Crawford for a 7 unit condo at 8 17th Street PIN 4- 8 -6 -35, 3 story over parking with
7th condo as pent house on top floor. Orr asked that the storm water issue4 be
addressed. Jeff Schroeder spoke against the project. The Planning Commission voted 7
— 0 in favor of approval. O'Brien moved to approve the project contingent upon 4
items: Storm drainage — show how storm water flows prior to the construction and
how the changes will affect the drainage; calculate the green space; parking plan;
and proof of ownership. Pearce seconded. Vote by Council was unanimous.
Pearce moved to approve the one -day beer permit for David Ring. Youmans
seconded. Vote by Council was unanimous.
There were no comments from anyone on the 4 -year staggered terms for Mayor
and Council members. Another public hearing will be held at the October meeting.
Pearce moved to approve the three sets of minutes as presented. O'Brien
seconded contingent upon all extra documents being attached. Vote by Council was
unanimous.
Pearce moved to adopt the telecommunication ordinance with the fees being
added by the second reading after Cannon does research. Burke seconded. Vote by
Council was unanimous.
Pearce moved to adopt 9 -4 -44 Cable on its first reading. Cannon will also
research and add the fees before the second reading. Sessions seconded. Vote by
Council was unanimous.
The Mayor asked Council to look over the survey concerning the cable on
Tybee and make suggestions to Cannon. Pearce moved to approve the concept. Sessions
seconded. O'Brien asked about the postage. Cannon answered that the City will pay the
postage. Vote by Council was unanimous.
O'Brien addressed the following issues: Letter from Mr. Glass dated August 1st
concerning lights — the Mayor said that the problem is being addressed. The meeting
with Anne Mueller in reference to a wish list for October meeting - the Mayor answered
that he will present the list, please get your suggestions to Cannon — Cannon to give
Council a copy of wish list one week prior to meeting. Parks of Flags — Chambers left
messages for Cannon — Cannon answered that it is not cleared up yet. The moving of the
soccer goals on Monday nights in order to have softball games. Ms. Leonard concerns
about the area behind the IGA — Cannon said that this issue will be revisited soon.
Youmans moved to deny the Ante Litem from Attorney Phillips concerning an
injury to Delores Flemming. Burke seconded. Vote by Council was unanimous.
Council accepted the resignation of Rachel Perkins from the Planning
Commission. Council will appoint a new member to fulfill Perkins term at the October
meeting.
A resolution concerning the laying of lines from Tybee to Savannah failed. Burke
and Youmans voted in favor and Sessions, O'Brien and Pearce opposed.
1
1
Cannon told Council that the employees elected Claire Price and Jimmy Woods to
the pensions board. Mayor and Council appointed the Mayor and the Mayor Pro
tem to serve on the board.
Cannon asked Council for a policy guideline for city personnel and equipment
usage on private property. Braun said that his legal opinion is that it is all right if there
is a sanitation or health concern. Youmans mentioned the man Carver that appeared
before Council tonight to complain about standing water and flooding at the east end of
10th Street. Burke said to get Pye to look at taking the water east, the middle of the dune
is low. Parker said that DNR will not allow. Cannon to look into this issue.
O'Brien moved to allow Hughes to update the Family Medical Leave
ordinance for the October meeting. Pearce seconded. Vote by Council was unanimous.
Pearce moved to adopt Section 2 -2 -1 Qualification for Office: Mayor on its
second reading. O'Brien seconded. Vote by Council was unanimous.
O'Brien moved to adopt Section 2 -2 -2 Same: Council members on its second
reading. Pearce seconded. Vote by Council was unanimous.
Youmans moved to approve Section 9 -6 -1 Shark Fishing on its second reading
with the word intentionally added. Pearce seconded. Vote by Council was
unanimous.
Mayor Parker adjourned the meeting, as there was no further business to come
before Council.
Clerk of Council
Mayor Walter W. Parker
1
1
1
PROCLAMATION
WHEREAS, influenza is a highly contagious viral infection of the nose, throat, and lungs
that is one of the most severe illnesses of the winter season: and
WHEREAS, influenza and pneumonia were the seventh leading cause of death in
Georgia in 1999; and
WHEREAS, more than 20,000 die each year due to influenza related illness and the
number of fatalities increases to 40,000 during severe influenza seasons; and
WHEREAS, certain "at risk" populations should be immunized against the influenza
virus to significantly reduce the incidence of influenza; and
WHEREAS< the annual direct medical costs (hospitalizations, physician office visits,
medications, etc.) of influenza are estimated at up to $4.6 billion with the total direct and
indirect costs (work and school days missed) of a severe influenza epidemic are at least
$12 billion; and
WHEREAS, influenza can be prevented with a safe and effective vaccine which is
covered by Medicare and most insurance plans; and
WHEREAS, influenza vaccines are available through many physicians, health
departments and community pharmacies and very cost effective.
NOW, THEREFORE BE IT RESOLVED, that the City of Tybee Island strongly urges its
citizens to consult their physician and/or pharmacist to discuss the appropriateness of
receiving the influenza vaccine.
Proclaimed this al3th day of September 2001.
Clerk of Council
Mayor Walter W. Parker
1
1
2 -2 -1 Qualification for office; Mayor
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 2 Elections, Section 1 Qualification for office; Mayor, be amended to read
as follows:
Section 1. Section 2 -2 -1 is hereby amended to read as follows
2 -2 -1 Qualification for office; Mayor.
To be eligible for election to, and to hold at any time, the office of mayor of the City of Tybee island
a person shall be at least 21 years of a e, shall have ros dod in the city for a period of one 1 year next
before qualifying as a candidato
for the office of mayor, and shall be duly registered and qualified to vote in municipal
elections of the city and of the State of Georgia (code 1970, Sec. 6 -1)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted this day of , 2001
Mayor Walter W. Parker
City Clerk
1st Reading:
2nd Reading:
Enacted:
Page 1 of 1
1
1
1
2 -2 -2 Same; Council members
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 2 Elections, Section 2 Same; Council members, be amended to read as
follows:
Section L Section 2 -2 -2 is hereby amended to read as follows
2 -2 -2 Same; Council members.
To be eligible for election, and to hold at any time, the office of council member of the city, a person
shall be at least 21 years of age, shall have resided in tho City of Tybee Jsland for a penod of one n year
next before qualifying as a candidato 1l e .f<if mr.o to e 4
f ` for the office of council member, and shall be duly registered and qualified to vote in
municipal elections of the city and of the State of Georgia. (Code 1970. Sec. 6 -2)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted this day of , 2001
Mayor Walter W. Parker
City Clerk
1st Reading:
2nd Reading:
Enacted:
Page 1 of 1
1
ORDINANCE NO.
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,
CITY OF TYBEE ISLAND, GEORGIA
IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island
duly assembled, as follows:
9 -6 -1 Shark Fishing Prohibited. Section I. It shall be unlawful for anyone to fish
for sharks of any species on or from any of the public beaches, docks or piers of the City.
Section II. Violations shall be punishable by fines not to exceed $300.00 and/or
imprisonment not to exceed six (6) months and /or to perform community service for a
period not exceeding sixty (60) days, any or all such penalties in the discretion of the
municipal Judge.
It is the intention of the governing body and is hereby ordained that the provisions
of this ordinance shall become and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia. (�
ADOPTED THIS I0 DAY OF , 2001.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
EMH\TYBEE\ORD
q �o
HUSSEY, GAY, BELL & DEYOUNG, INC.
July 2, 2001
Mr. Tom Cannon
City Manager
City of Tybee Island
P.O. Box 2749
Tybee Island, Georgia 31328
RE: GROWTH IMPACT STUDY
Dear Tom:
ESTABT .TSHED 1958
A Bell Company
At your request we have investigated the impact on the City's water and sewer systems of the two
following scenarios:
I. (a) Three hundred eighty two (382) new single family houses constructed in districts zoned
Residential. These houses would be occupied twelve months a year.
(b) Four hundred forty eight (448) residential units constructed in the districts zoned C -1 and
C -2. These units would be 100% occupied in the months of May, June, July and August.
The other eight months they would be 75% occupied.
II. (a) Three hundred eighty two (382) new single family houses constructed in districts zoned
Residential. These houses would be occupied twelve months a year.
(b) Two hundred twenty four (224) new residential units and 224 motel rooms constructed in
the C -1 and C -2 districts. Occupancy would be the same as I (b) above.
The monthly impact for each scenario is shown on Exhibit I. We used 300 gallons per day (GPD)
for single family homes and new residential units and 100 GPD for motel rooms.
WATER
Exhibit II shows the'monthly groundwater withdrawal for the City since January 1999.
2 show the average of the latest two months of data (January thru May
December of 1999 and 2000) combined with the monthly impact of e
xhibit I. In each of the scenarios the City's monthl withdrawal permit limits o
,600,000 GOD would -be exceeded. However, un er both scenarios the City's annual , .
average of 960,000 GPD o cee a .� LE � .4 6�. W/ t 3 ikk $A4•izi. � `c4, Nor)
329 COMMERCIAL DRIVE (31406) • P.O. BOX 14247 • SAV N . . GEORGIA 31416 -1247 • TELEPHONE 9(2.354.4626 • FACSLMILE 912-35 .6 4
1
Mr. Tom Cannon
July 2, 2001
Page No. 3
EXHIBIT II
GROUNDWATER WITHDRAWAL
CITY OF TYBEE ISLAND
Month 1999 2000 2001
January 643,000 683,500 688,000
February 620,000 666,000 626,000
March 725,000 762,000 742,600
April 961,000 904,000 948,000 X
May 1,049,000 1,229,000 1,203,000
June 1,242,000 1,389,000
July 1,212,000 1,371,000
August 1,205,000 1,058,000
September 963,000 870,500
October 828,000 830,000
November 700,000 750,000
December 643,000 678,000
ANNUAL AVERAGE 899,000
Permit Limits
932,500
1,600,000 Monthly Average
960,000
Annual Average
1
1
Mr. Tom Cannon
July 2, 2001
Page No. 2
January
February
March
April
May
June
July
August
September
October
November
December
sr . 3DO 6P�
k P�stb
10D b
EXHIBIT 1
MONTHLY IMPACT
�� ciAse
+k, e
Scenario
I
215,000
215,000
215,000
215,000
249,000
249,000
249,000
249,000
215,000
215,000
215,000
215,000
?
3 vsc t ,)y
v
Scenario
182,000
182,000
182,000
182,000
204,000
204,000
204,000
204,000
182,000
182,000
182,000
182,000
1
Mr. Tom Cannon
July 2, 2001
Page No. 4
v
W EXHIBIT III 1
Two Year
Average Scenario I Estimated
Month Withdrawal Withdrawal :Withdrawal
January 685,750 215,000 900,750
February 646,000 215,000 861,000
March 752,300 215,000 967,300
April 926,000 215,000 1,141,000
May 1,216,000 249,000 1,465,000
June 1,315,500 249,000 1,564,500
July 1,291,500 249,000 1,540,500
August 1,131,500 249,000 1,380,500
September 916,750 215,000 1,131,750
October 829,000 215,000 1,044,000
November 725,000 215,000 940,000
December 660,500 215,000 875,500
Annual Average 1,151,000
1
Mr. Tom Cannon
July 2, 2001
Page No. 5
EXHIBIT II11-2
Two Year
Average Scenario II Estimated
Month Withdrawal Withdrawal Withdrawal
January 685,750 182,000 867,350
February 646,000 182,000 828,000
March 752,300 182,000 934,300
April 926,000 182,000 1,108,000
May 1,216,000 204,000 1,420,000
June 1,315,500 204,000 1,519,500
July 1,291,500 204,000 1,495,500
August 1,131,500 204,000 1,335,500
September 916,750 182,000 1,098,750
October 829,000 182,000 1,011,000
November 725,000 182,000 907,000
December 660,500 182,000 842,500
Annual Average 1,114,000
1
Mr. Tom Cannon
July 2, 2001
Page No. 6
WASTEWATER
Exhibit IV shows the permitted and metered monthly flow at the Tybee Treatment Plant since
January 1999. Exhibits V -1 and V -2 show the average of the latest two months of data combined
with the monthly impact of each scenario shown in Exhibit I. These estimated flows are then
compared with the monthly permitted flow.
In both Scenario 1 and 2 NPDES permit violations may only occur in July and October.
11
repaying this report we have made several assumptions. We have tried to be most .
conservative by assuming the worst possible situations. For example, we have assumed that
100% of groundwater withdrawal will be returned to the sewer system. A more realistic
percentage might be 90% return to the sewer system.
In conclusion the City's wastewater treatment
y
2. The Ci 's mont
•
lant seems to be ade
average groundwater withdrawal is
•
uate for both Scenario 1 and
so adequate.
Discussions with EPD
to increase the yearly withdrawal permit limits should begin in the near future. If EPD denies the
increase permit limits other sources of groundwater withdrawal, such as an agreement with the
City of Savannah, should be pursued.
We hope that this information is helpful and are available to discuss it at your convenience.
Sincerely,
�Ip �1 j�c4 I w-
WILLIAM H. LOVETT •
cg
S
Al-$) T +ri"`ll Cf ! � li
C4frili-W Cool
1
1
Mr. Tom Cannon
July 2, 2001
Page No. 7
EXHIBIT IV
TYBEE WASTEWATER TREATMENT PLANT
FLOW SUMMARY
JUNE 28, 2001
Permitted 1999 2000 2001
Month Flow, MGD Flows. MGD Flows, MGD Flows, MGD
January .890 .570 .561 .431
February .890 .636 .539 .470
March 1.15 .555 .605 .549
April
1.15 .571 .658 .653
May 1.15 .556 .741 .680
June 1.15 .653 .795
July 1.15 1.248 (2) .916
August 1.15 .810 .812
September 1.15 • .80.8 1.022 (1)
October .890 .972 (2) .699 -
November .890 .711 .509
December .890 .596 .399
(1) 8 inches of rainfall
(2) Non - typical flows possibly caused by high rainfall
1
1
Mr. Tom Cannon
July 2, 2001
Page No. 8
Two Year
Month Average Flow
January .496
EXHIBIT V -1
.215
February .505 .215
March .577 .215
April .656 .215
May .710 .249
June .724 .249
July 1.082 .249
August .811 .249
September .915 .215
October .836 .215
November .610 .215
December .498 ' .215
* Permit Violations
Estimated Permitted % of
Flow .Flow Permit
.711 80
.890
.720 .890
.792 1.150 •
.871 1.150
.959 1.150
.973 1.150
1.331* 1.150
1.060 1.150
1.130 1.150
1.051* .890
.825 .890
.713 .890
81
69
76
83
85
93
80
Note: Non - typical flows in July and October of 1999 may cause two year average flow to be
inaccurate: Adding impact of Scenario 1 to higher, possibly inaccurate, flows could cause
the anticipated flows to show as permit violations.
1
1
Mr. Tom Cannon
July 2, 2001
Page No. 9
EXBIT V -2
Two Year __Scenario 2 / Estimated Permitted % of
Month Average Flow ImilEtT3T6D Flow Flow, MGD Permit
January .496 .182 .678 .890 76
February .505 .182 .687 .890 • 77
March .577 .182 .759 1.150 66
April .656 .182 .838 1.150 73
May .710 .204 .914 1.150 79
June .724 .204 .928 1.150 July 81
Jul 1.082 .204 1.286* 1.150 C-112.-
August .811 .204 1.105 1.150 96
September .915 .182 1.097 1.150
October .836 .182 1.018* .890
November .610 • .182 .792 .890
December .498 .182 .680 .890
* Permit Violations .
95
76
Note: Non - typical flows in July and October of 1999 may cause two year average flow to be
inaccurate. Adding impact of Scenario 2 to higher, possibly inaccurate, flows could cause
the anticipated flows to show as permit violations.
1
1
1
STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer,
duly authorized to administer oaths, ,,f(k, (2 , 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 L3 day of SEIJ4. , 2001.
(2) That it is my understandi«ig 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
lI
the meeting held on the I:, of , 2001, which was
closed for the purpose (s) of .,Qh g a1 1 k °
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 0.C.G.A. § 50-14-4(b) that such an
affidavit be executed.
(5)
This 04 day of
Sworn to and subs9ribed
befpFe me this day
ofc 37
14,Toti*, public
2001.
gAcommon\em1A14536\affiday.01
, 2001.
• Mayor/Presiding Officer
1
1
1
Shark Fishing 9 -6 -1
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 9 Licensing and Regulations,
Chapter 6 Shark Fishing Prohibited, Section 1 Prohibited, be added to read as follows:
Section 1. A new Section 9 -6-1 is hereby added to read as follows
9 -6 -1 Shark Fishing Prohibited
A. It shall be unlawful for anyone to fish for sharks of any species on or from any of the public beaches,
docks or piers of the City.
B. Violations shall be punishable by fines not to exceed $300.00 and/or imprisonment not to exceed six
(6) months and/or to perform community service for a period not exceeding sixth (60) days, any or all
such penalties in the discretion of the municipal Judge.
(ORD. 2001 -21; 9/13/01)
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 September , 2001
Mayor Walter W. Parker
City Clerk
1st Reading:
2nd Reading: 9/13/2001
Enacted: 9/13/2001
Page 1 of 1
1
1
Municipal Code
Section 9 -4-40 TELECOMMUNICATION
(Ord. 2001 -22, Amended, 12/12/2001)
Section 9 -4-41 Definitions
For purposes of this Ordinance, the following terms, phrases, words and their
derivations shall have the meanings set forth in this Section, unless the context clearly indicates
that another meaning is intended. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number include the singular number and
words used in the singular number include the plural number.
1.1.01 "Affiliated Person" means each Person who falls into one or more of the
following categories: (1) each Person having, directly or indirectly, a Controlling Interest in the
applicant; (2) each Person in which the applicant has, directly or indirectly, a Controlling
Interest; (3) each officer, director, joint venturer or joint venture partner, of the applicant; and
(4) each Person, directly or indirectly, controlling, controlled by, or under common Control with,
the applicant; provided that "Affiliated Person" shall in no event mean the City or any creditor of
the applicant solely by virtue of its status as a creditor and which is not otherwise an Affiliated
Person by reason of owning a Controlling Interest in, being owned by, or being under common
ownership, common management or common Control with, the applicant.
1.1.02 "Cable Services" means "cable services" as defined in the Communications Act
of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and as
may be further amended from time to time (the "Cable Act "), but does not include
Telecommunications Services or Private Telecommunications Services. In the event that "cable
services" is no longer defined in the Cable Act or the definition in the Cable Act otherwise
becomes inapplicable, "Cable Services" shall mean "cable services" as defined in the Cable Act
immediately prior to such term no longer being defined in the Cable Act or such definition
otherwise becoming inapplicable.
1.1.03 "Cable System" means any "Cable System" as defined in the Cable Act.
1.1.04 "City" means the City of Tybee Island.
1.1.05 "City Council" means the City Council of the City and its designee or any
successor thereto.
1.1.06 "Control" or "Controlling Interest" means the possession, directly or indirectly,
of the power to direct or cause the direction of the management and policies of a person,
including, but not limited to, a person' s compliance with a Franchise or Revocable License,
whether through the ownership of voting securities, by contract, or otherwise, and the beneficial
ownership of shares representing 10 percent or more of the votes entitled to be cast by a
corporation's voting shares shall create a rebuttable presumption of control.
Page 1 of 11
1
1
1
Municipal Code
1.1.07 "Facility Services" means the installation, construction, operation or
maintenance of conduit or related facilities in the Streets by a Person for sale or lease to third
parties, other than Affiliated Persons, that use such conduit or related facilities for the
transmission of Telecommunication Services, but such Person does not itself provide
Telecommunications Service or Cable Service to such third parties or any locations or other
Persons in the license area.
1.1.08 "Franchise" means an initial authorization, or renewal thereof, issued by the
City in accordance with the provisions of this Ordinance, which authorizes the occupation and
use of the Streets by a Telecommunications System to provide Telecommunications Services.
1.1.09 "Grantee" means the legal entity to which is granted the right, authority and
responsibility to provide Facility Services along licensed routes pursuant to a license, or to
construct, install, operate and maintain a Telecommunications System as necessary to: (a)
furnish, supply and distribute Telecommunications Services to any locations or Persons in the
franchise or license area; (b) provide Private Telecommunications Services along licensed routes
pursuant to a license; or (c) transport Telecommunications Services across the City along
licensed routes pursuant to a license without terminating or originating any Telecommunications
Services at or from any Person or location in the City.
1.1.10 "may" is permissive.
1.1.11 "Ordinance" means this Ordinance and all modifications and amendments
thereto.
1.1.12 "Person" means any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for profit or not for profit, but
shall not mean the City.
1.1.13 "Private Telecommunications Services" means the transmission of
Telecommunications by a Person, regardless of the facilities used, for or in connection with the
internal operations of such Person' s business, residence or employment and not for or in
connection with the provision or offering of Telecommunications Services for sale or resale to
any Person, and shall not mean Cable Services.
1.1.14 "Revocable License" means an initial authorization or renewal thereof, issued
by the City in accordance with the provisions of this Ordinance, which authorizes the occupation
and use of specifically identified Streets, provided that a Revocable License shall be issued only
in the limited circumstances set forth in Section 2.1.02 of this Ordinance
1.1.15 "shall" is mandatory, not merely directive.
1.1.16 "Streets" means the surface of, as well as the spaces above and below, any and
all streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks,
Page 2 of 11
1
1
Municipal Code
parkways, public grounds or waters, and other public rights -of -way within or belonging to the
City.
1.1.17. "Telecommunications" means "telecommunications" as defined by 47 U.S.C.
§ 153(43) of the Communications Act of 1934, as amended by the Telecommunications Act of
1996, but shall not include Cable Services.
1.1.18 "Telecommunications Service" means "telecommunications service" as
defmed by 47 U.S.C. § 153(46) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, but shall not include Cable Services. In the event that
"telecommunications service" is no longer defined in the Communications Act or the definition
in the Communications Act otherwise becomes inapplicable, "Telecommunications Service"
shall mean "telecommunications service" as defmed in the Communications Act immediately
prior to such term no longer being defined in the Communications Act or such definition
otherwise becoming inapplicable.
1.1.19 "Telecommunications System" means the system, plant, equipment or property
within the Streets in the franchise or license area over which Telecommunications Service or
Private Telecommunications Service is provided, and to be constructed, operated and maintained
by a Grantee pursuant to a franchise or license ordinance or agreement.(ORD. 2001 -22; 10 /11 /01)
(2001 -22, Amended, 12/12/2001)
Section 9-4-42 Granting Authority
2.1.01 No Person shall use or occupy the Streets to construct, operate or maintain a
Telecommunications System over which Telecommunications Services or Private
Telecommunications Services are provided, or use or occupy the Streets to provide Facility
Services, without a Franchise or Revocable License granted in accordance with the provisions of
this Ordinance. The City intends to exercise its authority to franchise or license Persons pursuant
to this Ordinance to the maximum extent permitted by applicable law, including the 1996 Act.
2.1.02 A Person shall not use or occupy the Streets to operate a Telecommunications
System over which Telecommunications Services or Private Telecommunications Services are
provided without a Franchise, except that such Person may use or occupy specific Streets without
a Franchise if the Person obtains a Revocable License in accordance with the terms of this
Ordinance. A Revocable License is intended to be a limited grant of authority to use and occupy
specifically identified Streets and: (a) may be granted only if the use or occupation of such
Streets is for the sole purpose of providing Private Telecommunications Services or Facility
Services; or (b) shall be granted to provide Telecommunications Services only if the use or
occupation of such Streets, together with the use or occupation of any Streets pursuant to
Revocable Licenses previously granted to such Person and Affiliated Persons, shall not exceed
five hundred (500) linear feet; or (c) shall be granted only if the use or occupation of such Streets
is by a Telecommunications System that is not used by the Grantee or any other Person to sell,
resell or otherwise provide Telecommunications Services to any Person in the City. In the event
an application for a Revocable License would cause a Person to exceed or fail to comply with the
limits specified in this Section 2.1.02, then such Person must apply for a Franchise in accordance
Page 3 of 11
1
1
1
Municipal Code
with the provisions of this Ordinance, and the use of specifically identified Streets pursuant to all
previously granted Revocable Licenses shall thereafter be pursuant to and in accordance with any
such Franchise that may be granted.
2.1.03 The City Council may grant one or more Franchises or Revocable Licenses in
accordance with this Ordinance, provided that the City Council reserves the right to modify any
provision of this Ordinance by amendment hereof.
2.1.04 The grant of any Franchise or Revocable,License shall be made by adoption of a
separate ordinance by the City Council and shall be on such terms and conditions as may be
specified in said separate ordinance and/or a franchise or license agreement between the City and
the Grantee.
2.1.05 Any Franchise or Revocable License granted shall be nonexclusive. The City
specifically reserves the right to grant, at any time, such additional Franchises or Revocable
Licenses as it deems appropriate, and/or itself engage in the provision of Telecommunications
Services, Private Telecommunications Services or Facility Services.
2.1.06 A Franchise may be granted for all or any defined portion of the City. A
Revocable License may only be granted for use of specifically identified Streets.
2.1.07 The grant of Franchises and Revocable Licenses by the City to Persons
constructing, operating or maintaining a Telecommunications System shall be subject to the
provisions of applicable law, such as the provisions in the 1996 Act, as amended, governing
telecommunications franchises and renewals thereof.(ORD. 2001 -22; 10 /11 /01)
(2001 -22, Amended, 12/12/2001)
Section 9 -4-43 Franchise Applications
2.2.01 Applications for Franchises and Revocable Licenses shall be submitted in such
form and be issued on such terms and conditions as the City Council may determine, subject to
applicable law.
2.2.02 Any Application for a Franchise or Revocable License shall contain and/or
require the following information with respect to the proposed Franchise or Revocable License:
(i) applicant' s name, address, telephone number, and federal employer identification
number or social security number; copy of applicant's corporate charter or partnership agreement
as applicable; and any trade names (and registrations) used by applicant;
(ii) for the purpose of determining who Controls applicant, a detailed statement of the
corporation or business entity organization of the applicant, including the following:
applicant;
(a) the names and business addresses of all officers and directors of the
Page 4 of 11
1
Municipal Code
(b) the names and business addresses of all Persons having Control over the
applicant;
(c) fmancial information sufficient to demonstrate that the applicant has the
financial ability to construct and maintain the Telecommunications System, or to provide Facility
Services, in a safe manner and in accordance with the City' s management policies, rules and
regulations with respect to the Streets and to the extent not prohibited by law; and
(d) for purposes of determining whether the applicant will construct, maintain,
operate, and repair the Telecommunications System, or provide Facility Services, in compliance
with the City' s management policies, rules and regulations with respect to the Streets and in a
manner protective of the public health, safety and welfare with respect to the applicant' s use of
the Streets, the names and addresses for telecommunications systems owned or controlled by the
applicant and the areas served by such systems.
(iii) in order to permit the City to manage its Streets, a description of the proposed plan
of construction and maintenance of the Telecommunications System or Facility Services to be
constructed in the Streets, which shall include the following:
(a) a map indicating the location of the System or Facility Services in the
Streets, and an estimated construction schedule, if known; and
(b) a statement describing the proposed and actual location of facilities and
equipment to be used in the Streets by the applicant;
(iv) to the extent not prohibited by law, any other details, statements, supplementary
information, or references reasonably pertinent to the City' s management of the Streets or the
compensation to be paid to the City, which shall be required or requested by the Council or by
any other provision of law.(ORD. 2001 -22; 10 /11 /01)
Section 9- 4-43.1
Licenses
Non - refundable Application Fees for New Franchises and Revocable
No application for a new Franchise or Revocable License shall be considered without
payment by the applicant of application fees as provided in this Section. If a Franchise or
Revocable License is granted, application fees will not be deemed a credit towards any other fees
or sums due by the Grantee. If an application is denied, the application fee will not be refunded,
except if required by law.
(a) Purpose of Application Fees. The application fees provided by this section
will serve to cover the direct and indirect costs incurred by the City in processing the application,
evaluating the applicant, and granting a franchise, and shall include, but not be limited to,
administrative, engineering, publication, legal, and consultant's expenses.
(b) Application Fee. The applicant will be expected to pay the reasonable costs
of the City in evaluating the application. Notwithstanding any other requirement of this
Page 5 of 11
1
1
Municipal Code
ordinance, each applicant for a Franchise must furnish with its proposal a nonrefundable
application fee in the amount of Two Hundred and Fifty Dollars ($250.00) by certified check or
cashier's check made payable to the City of Tybee Island, and each applicant for a Revocable
License must furnish with its proposal a nonrefundable application fee in the amount of Two
Hundred and Fifty Dollars ($250.00) by certified check or cashier's check made payable to the
City of Tybee Island. In the event the City' s reasonable costs exceed such amount, the applicant
may be required by the City to pay any additional amount to cover such costs. In the event the
City' s reasonable costs are less than the application amount, the City shall reimburse to the
applicant the amount in excess of the City' s actual cost if required by applicable law.(ORD.
2001 -22; 10 /11 /01)
Section 9 -4 -43.10 Application to Existing Telecommunications Systems and Providers of
Telecommunications Services and Private Telecommunications Services.
This Ordinance shall not be retroactively applied to franchises for the operation of
Telecommunications Systems used to provide Telecommunications Services existing on the
effective date of this Ordinance, but shall apply to any renewal or extension of such
franchises.(ORD. 2001 -22; 10 /11 /01)
Section 9 -4 -43.11 Applicability of Other Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.(ORD. 2001 -22; 10/11/01)
Section 9- 4-43.2 Responsibilities of Applicants
It shall be the responsibility of each applicant for a Franchise or Revocable License to
comply with all applicable laws, ordinances, resolutions, rules, regulations and other directives of
the City and any federal, state or local governmental authority having jurisdiction.(ORD. 2001-
22; 10 /11 /01)
Section 9 -4 -43.3 Public Availability of Applications
To the extent determined by the City Council, applications for Franchises or Revocable
Licenses, including any additions, modifications or amendments thereto, shall be available for
public inspection at a designated City office during normal business hours.(ORD. 2001 -22;
10 /11 /01)
Section 9- 4-43.4 Evaluation Criteria
Page 6 of 11
1
1
Municipal Code
An applicant shall be granted a Franchise or Revocable License to construct, operate
or maintain a Telecommunications System over which Telecommunications Services are
provided, provided the City Council reasonably determines that the applicant has agreed to or
meets the following factors:
(i) the adequacy of the proposed compensation to be paid to the City;
(ii) demonstration of adequate financial and technical ability to construct
and maintain a Telecommunications System in the Streets, which such demonstration
may be made by an adequate bond, security fund, and/or such other demonstration that
is reasonably acceptable to the City, and a certificate of public convenience or other
authorization from the State or Federal Communications Commission permitting the
applicant to provide Telecommunications Services in the City;
(iii) the ability of the applicant to maintain the property of the City in good
condition throughout the term of the Franchise;
(iv) the willingness and the ability of the applicant to meet construction
requirements and to abide by all conditions, limitations and requirements with respect to
the Franchise (including any terms or conditions imposed pursuant to Section 2.7 of this
Ordinance), any public, health, safety and welfare requirements reasonably related to the
applicant' s use of the Streets, and the City' s management of Streets; and
(v) to the extent not prohibited by law, any other factors or considerations
reasonably deemed pertinent by the City for managing the Streets and safeguarding the
interests of the City and the public in the Streets, and for ensuring the City receives fair
and reasonable compensation for use of the Streets.
In making any determination hereunder as to any application for a Revocable License to provide
Private Telecommunications Services or Facility Services and in accordance with applicable law,
other than Section 253 of the Communications Act which is not applicable to Persons providing
only Private Telecommunications Services or Facility Services, the City Council may consider
such factors as it deems appropriate and in the public interest, including, without limitation, the
foregoing factors to the extent applicable.(ORD. 2001 -22; 10 /11 /01)
Section 9- 4-43.5 Procedure for Consideration of and Action on Applications
2.6.01 The City may make such investigations and take or authorize the taking of such
other steps as the City Council deems necessary or appropriate to consider and act on
applications for Franchises or Revocable Licenses. In considering applications, the City Council
may seek advice from other city officials or bodies, from such other advisory bodies as it may
establish or determine appropriate, or from the public, and may request the preparation of one or
more reports to be submitted to the City Council, which may include recommendations with
respect to such applications.
Page 7 of 11
1
1
Municipal Code
2.6.02 After considering such information provided pursuant to this Ordinance as it
determines to be appropriate, the City Council shall set one or more public hearings for
consideration of the application(s), fixing and setting forth a day, hour and place certain at which
such application(s) shall be heard, and providing notice of such public hearing in accordance
with applicable law.
2.6.03 The City Council may authorize negotiations between City officials and
applicants on the terms of the proposed Franchise or Revocable License.
2.6.04 The City Council shall consider the application for a Franchise or Revocable
License to provide Telecommunications Services in accordance with this Ordinance and
applicable law, including 47 U.S.C. § 253, and shall grant the Franchise or Revocable License,
provided that the applicant has agreed to the terms on which the Franchise or Revocable License
is to be granted and meets the evaluation criteria set forth in Section 2.5 of this Ordinance The
City also reserves the right to waive any or all requirements in order to grant a Franchise or
Revocable License to an applicant when it determines that the best interests of the City may be
served thereby or that such waiver is required by applicable law.
2.6.05 Upon completion of the steps deemed appropriate by the City Council, the City
Council may grant the Revocable License to provide Private Telecommunications Services or
Facility Services, and may specify the conditions under which the Revocable License is granted.
Alternatively, the City may reject any and all applications for a Revocable License to provide
Private Telecommunications Services or Facility Services. The City also reserves the right to
waive any or all requirements when it determines that the best interests of the City may be served
thereby.(ORD. 2001 -22; 10 /11 /01)
Section 9- 4-43.6 Terms and Conditions of Franchise and Revocable License
2.7.01 The terms and conditions applicable to any Franchise or Revocable License
granted pursuant to this Ordinance shall be set forth in the separate ordinance granting the
Franchise or Revocable License or in a separate written agreement. Such separate ordinance or
written agreement, among other things, may address the following subjects, to the extent not
prohibited by law:
(i) the term of the Franchise or Revocable License, provided, however, that the
initial tem of the Revocable License shall not exceed five years and shall not be
renewed for terms exceeding five years;
(ii) the franchise area authorized by the Franchise, or the Streets that may be
used pursuant to the Revocable License;
(iii) the compensation to be paid to the City;
(iv) the circumstances upon which the Franchise or Revocable License may be
terminated or cancelled;
Page 8 of 11
1
1
Municipal Code
(v) the mechanisms, such as performance bonds, security funds or letters of
credit, to be put in place to ensure the performance of the Grantee's obligations under
the Franchise or Revocable License;
(vi) for the limited purpose of ensuring that the Grantee is complying with the
terms of the Franchise or Revocable License, including, but not limited to, any
compensation or Street management provisions, the City's right to inspect the facilities
and records of the Grantee;
(vii) insurance and indemnification requirements applicable to the
Grantee;(ORD. 2001 -22; 10 /11 /01)
(viii) the obligation of the Grantee to maintain complete and accurate books of
account and records with respect to its obligations under the Franchise or Revocable
License, including, but not limited to, any compensation or Street management
provisions, and the City's inspection rights with respect thereto;
(ix) provisions to ensure quality workmanship and construction methods in the
Streets;
(x) provisions to ensure that the Grantee will comply with all applicable City,
state and federal laws, regulations, rules and policies;
(xi) provisions to ensure adequate oversight by the City of the Grantee' s use of
Streets and compliance with the Franchise or Revocable License;
(xii) provisions relating to an assignment or other transfer of the Franchise or
Revocable License or the Telecommunications System that results in a change in
Control;
(xiii) remedies available to the City to protect the City's interest in the event of
the Grantee's failure to comply with terms and conditions of the Franchise or
Revocable License;
(xiv) provisions to ensure that the Grantee will obtain all licenses and permits
necessary to provide Telecommunications Services by use of the City' s Streets from
any governmental body having jurisdiction over the Grantee, including, but not limited
to, the Federal Communications Commission;
(xv) provisions to ensure that the Grantee will protect the property of the City
from damage or interruption of City operations resulting from the construction,
operation, maintenance, repair or removal of improvements of the Telecommunications
System, or from the provision of Facility Services;
Page 9 of 11
1
1
Municipal Code
(xvi) provisions designed to minimize the extent to which the public use of the
Streets of the City are disrupted in connection with the construction of improvements
relating to the Telecommunications System, or the provision of Facility Services; and
(xvii) such other provisions as the City reasonably determines are necessary or
appropriate to permit the City to manage its Streets or ensure compliance with the
Franchise or Revocable License, to the extent not prohibited by law.
2.7.01 The [City Manager] shall make available to an applicant a model Franchise or
Revocable License, as applicable, containing the terms and conditions the City seeks to impose
pursuant to Section 2.7.01. The [City Manager] shall have the right to modify from time to time
such model Franchise or Revocable License, so long as such modifications are consistent with
this Ordinance and applicable law.
Section 9- 4-43.7 Revocation of Revocable License
The Revocable License shall be revocable at any time by the City for cause or, if the
Revocable License is for the provision of Private Telecommunications Services or Facility
Services, for the City' s convenience. The Revocable License, together with all Revocable
Licenses granted to the applicant or Affiliated Persons, shall not authorize the occupation and use
of more than five hundred (500) linear feet of specifically identified Streets, unless the use or
occupation of the Streets does not involve the offering or provision of Telecommunications
Services by the Grantee, any Affiliated Persons or any other Persons to or from any Person or
location in the City, or unless the use or occupation of the Streets is for the provision of Facility
Services.(ORD. 2001 -22; 10 /11 /01)
Section 9 -4 -43.8 Severability
If any section, subsection, sentence, clause, phrase or other portion of this Ordinance is,
for any reason, declared invalid, in whole or in part, by any court, agency, commission,
legislative body or other authority of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent portion. Such declaration shall not affect the validity of the
remaining portions hereof, which other portions shall continue in full force and effect.(ORD.
2001 -22; 10 /11 /01)
Section 9- 4-43.9 Delegation
Consistent with applicable law, the City Council shall have the right to delegate and
redelegate, and to revoke any such delegation or redelegation, from time to time, any of its rights
or obligations under this Ordinance to any body, organization or official. Any such delegation,
redelegation or revocation, no matter how often made, shall not be deemed an amendment to this
Ordinance or to require the consent of any applicant for a Franchise or Revocable License or
Grantee. The City Council may also establish and appoint one or more advisory boards, with
Page 10 of 11
1
1
1
Municipal Code
such duration and such number of members as the City Council shall determine, to advise it on
such of the matters which are the subject of this Ordinance.(ORD. 2001 -22; 10 /11 /01)
Page 11 of 11