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HomeMy Public PortalAbout20020214SCMeeting1 1 1 @ @ITEM 2002 -02 -14 City Council Minutes Mayor Walter Parker called the Special Council meeting to order at 6:30 PM. with the following members of Council present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City Attorney Edward Hughes and City Manager Tom Cannon were present. Mayor Parker announced that the reason for this meeting is to hold a public hearing on the Community Block Grant that the city is applying for with Department of Community Affairs. The city would have to adopt the resolution presented tonight in order to go forward with the application. The Reverend David Laughner gave the invocation, which was followed by the Pledge of Allegiance. Charlie Waggoner explained that this grant would allow the city to construct a multi- purpose complex: Senior Citizens /Convention Center /Gym Complex. Waggoner said that the public hearing notice was in the Savannah Morning News on February 7, 2002 as per the rules of applying for the grant. Waggoner said that funds are needed in order to do a cost analysis — engineering and architecture — the grants are in the $500,000. range — most cities in Georgia have received one — low to moderate income. Waggoner said that we have a good chance. The Federal government says that senior citizens are classified as low to moderate income. There is a $10,000.00 matching cash requirement. Youmans asked if this $10,000. will come out of the reserve gym fund account. Waggoner said he has shown what the preliminary study would be. Youmans said that there is over $700,000. in the reserve gym account and that the $10,000 could be paid out of that account and not general fund. Waggoner stated Bazemore said the gym part would cost the most, not to exceed $3,500, he would bill by the hour and hopefully less for the study of the gym. Youmans asked then no money out of gym fund? Waggoner said the city could use that for maintenance. Waggoner told Council that the more money that Tybee was willing to put up it will mean more leverage. Reynolds asked what else other than the gym would the grant be used for. Waggoner answered saying Carl Thompson did the drawing and you can see that all the buildings will be combined; this is a neat project as you can use a gym for so many different things. Don Johnson asked if the operation costs would be at the taxpayers expense or would the city have user fees. Parker said it would be a combination with the antenna leases revenue paying for the maintenance. Cannon mentioned that it would take about $133,000 a year in maintenance. Rachel Perkins told Council this would be a tremendous boost for Tybee. Crawford said he did not think the land and buildings could be used as equity. Barrow said this is a leg up. Cannon told Council that it is good that the city has clear title to the property. Mayor Parker closed the special meeting and opened the regular meeting for business legally presented. Rachel Perkins addressed Council on the issue of the resolution for green space requesting that Council use caution if the city ever decides to sell city land or right of ways, don't throw out the baby with the bath water. Sallie Keller addressed Council on two issues: the proposed fence ordinance from the January meeting and the Historic Districts. Keller explained the historic district by telling Council the history of how it came about. Keller said proper notice was not given 1 1 to the resident property owners or to City Hall. Cullen Chambers answered some of Keller's comments stating that it was all done legally. John Jarvis asked Cannon about the cable saying his bill went up $3.05 a month and at the bottom of the bill it says see Cannon. Cannon told Council that Don Johnson would be delivering the survey report tonight. Parker asked Don Johnson to give his report. Johnson thanked his committee that helped him compile the results. Over several years there are a lot of complaints. Johnson said 2,861 surveys were sent, 665 returned for 23 %, 84% of them were signed. 70% of the viewers are 41 years or older — more mature viewing audience. Most were concerned with the costs and the channel selections. Since April 97 the cable has gone up 54 1/2 %. There are 13 cities in Georgia that run their own cable, 12 of these also provide electricity. Johnson said the cost for Tybee to start up a cable system would be prohibited — 6 million dollars at least. Johnson told Council to look at Section 13 of the original franchise — updated list of complaints and how they were handled. Recommendation is to look at competitors when the U.S. Cable franchise is expired. Barrow thanked Mr. Johnson and his committee for all the hard work. Barrow told Council he purchased a new T.V. and the quality of the cable is not good. Thought something was wrong with the new set, called the store and was asked where I lived, answered Tybee, the salesman told me I needed to purchase a satellite. Mary Ann Parker and the wives of the Council member presented them with a boutonniere and a barbershop quartet sang a few songs to them. One of the songs was I Love You Truly. Larry Wilson was not present to request a name change for his street. Cannon said that he has spoken with staff and that the Fire Chief said to think long and hard. Youmans told Council he has painted a sign for North Fifth less than two weeks ago. Mayor Parker opened, asked for comments and closed the following public hearings according to the laws and regulations. Community Developer Director Elizabeth Hodges told Council that the variance request from Hand/Archer, 1318 Chatham, PIN 4- 11 -3 -6A, got on the January agenda by mistake and that they would like to have it heard in March. Hughes told Hodges that it must be re- advertised. Hodges said Mr. Ratner's petition was heard in December and should not have been. Ratner said he faxed a letter for postponement. Ratner stated the home is built to code, but it has no outside stairs. This is a corner lot with the setbacks of 20 — 20. A large tree will hide the stairs. Hughes said applicant asked for stairs last year by Cramer. Hodges answered yes, spring of 2001 asked for 10 -foot setback variance on Butler, 6 months later requested variance for stairs. Planning Commission has already denied petition. And Council denied in December 2001. Hughes said Ratner was not here in December. Hughes asked Hodges if this was advertised for tonight. Hodges answered no and she does not know how it got on the agenda for tonight. Ratner said he requested in October and the Planning Commission denied. Hughes said this must be re- advertised same as Hand/Archer. Robert Crowe petitioned Council for a variance for continued use of a non- conforming structure, 11 T.S. Chu Terrace, PIN 4- 9 -4 -5. Crowe said there is no encroachment, he applied for a permit for the repair of the roof and the work grew into renovations. Hodges said staff and the Planning Commission recommended approval. 1 1 Tony Ward petitioned Council for a variance for continued use of a non- conforming structure, 504 13th Street, PIN 4- 7 -3 -6A, explaining that he would like to add a deck to the front of his home and have the stairs on the side. Parker said he is confused with the request. Mrs. Ward said so is she, the original plan that was approved 9 years ago had the deck, but they ran out of money. Crawford asked if the original plans were approved. Ward answered yes, in 92, then we ran out of money. Crawford asked if there was a time limit once you begin construction. Hughes answered Tybee has no time limit, but SBCCI does which Tybee incorporates. Crawford asked when Tybee adopted SBCCI. Hodges said that there is a provision in our codes that state a building permit time limit is 6 months, if you continue work and request inspections, you can keep going on the permit. Cannon said Planning commission recommended approval. Hodges said there is no recommendation from her staff. Brian Hunter petitioned Council for a variance for continued use of a non- conforming structure, 714 2nd Avenue, PIN 4- 5- 18 -12, in order to add a closet on the front of his home, which will not encroach any further into the property setbacks. Hodges said the Planning Commission and the staff recommend approval. Brad Baugh petitioned Council for a variance for continued use of a non- conforming structure, 1702 Chatham Avenue, PIN 4- 8 -15 -1, in order to raise the house 5 feet, which will put him in compliance with FEMA. Hodges stated the Planning Commission and her staff recommends approval. Sallie Keller spoke in favor of this request. Open meeting for business legally presented. Crawford moved to adopt the Community Block Grant Resolution. Barrow seconded. Youmans asked if the City Attorney has reviewed. Hughes answered that this is the 1st step, then you ask for the grant. Vote by Council was unanimous. Burke moved to accept the January minutes as presented with corrections. Reynolds seconded. Barrow asked about looking into purchasing equipment in order to dub the tapes form the meetings. Vote by Council was unanimous. Burke moved to approve the variance for continued use of a non - conforming structure for Crowe at 11 T.S. Chu Terrace, PIN 4- 9 -4 -5. Youmans seconded. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Youmans moved to approve the variance for continued use of a non - conforming structure for Ward, 50413th Street PIN 4- 7 -3 -6A. Burke seconded. Vote by Council was unanimous. Reynolds moved to approve the variance for continued use of a non - conforming structure for Hunter, 714 ra Avenue PIN 4- 5- 18 -12. Youmans seconded. Vote by Council was unanimous. Youmans moved to approve the variance for continued use of a non - conforming structure for Baugh, 1702 Chatham Avenue, PIN 4- 8 -15 -1. Crawford seconded. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Deborah Johnson requested an alcohol beverage license for D.J.'s Lounge, 1513 Butler Avenue. Johnson said this will be like a piano bar. Youmans moved to approve. Crawford seconded. Vote by Council was unanimous. 1 1 1 Youmans moved to approve the renewals for alcohol beverage for the following establishments. Stingray's — Rogers —1402 Butler; The Quarter — Barlow — 601 1g Street, Chu's — XYZ Liquors, T.S. Chu Department Store, Chu's Convenience Marts #101 and #102 — Jung; Jaydeep LLC DBA Texaco Food Mart — Patel —1315 Butler Avenue; Kaiseki Japanese Steakhouse — Tam Minh Tieu —16 Tybrisa. Crawford seconded. Vote by Council was unanimous. Crawford moved to adopt the Green space Resolution. Reynolds seconded. Hughes explained the resolution stating this would allow the city to sell off small unusable strips of property not big enough for a green space area, and put the funds in an account for acquisition of larger properties. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Barrow moved to write Bill Farmer a letter thanking him for all he has done for Tybee Island at the Stakeholders meetings and informs him the city no longer needs his service. Burke seconded. Youmans amended by asking Crawford to be appointed. Amendment was accepted. Vote by Council was unanimous. Parker said that Farmer has done an outstanding job for Tybee. Burke move to sell Daniel Street to Tsoulos, with the provision for easement. Crawford seconded. Youmans asked about the assessed price. Attorney Mahoney said the land is assessed $1.00 per square foot, so the purchase price would be somewhere around $10,800. Kathryn Williams said she is not comfortable with amount of money being offered for the property, Tybee land is a lot more valuable. Mahoney said this is not a building lot, you cannot put a house on it, there are water oaks growing on the land. Hughes said the value is based on not a buildable lot. Vote by Council was unanimous. Burke moved to extend the contract with the Georgia International and Maritime Trade Center Authority until December of 2006. Youmans seconded. Vote by Council was unanimous. Buelterman moved to adopt the long -range beach management plan. Crawford seconded. Vote by Council was unanimous. By a unanimous vote by Council the City Manager was given approval to donate certain surplus items. Hodges explained the issues of the Jim Stoeffler sign on Highway 80. Parker asked if the sign was back to back instead of "v" shaped would that work? Hodges answered yes he could do that; the rule is not intended for billboards, would need to reduce the size of the sign. Crawford asked when the permit was issued. Hodges answered Ma y of 2001, with construction starting in September of 2001. Crawford asked when was the complaint made to the City. Hodges answered in October, there was 3 poles with cross bars erected but the face was not up yet. Crawford wanted to know why the stop order was issued. Hodges said it was an invalid permit. Murray McAfee issued the permit, the request was for a 2 -sided sign but that was not on the plan. Buelterman asked if there was confusion because of the way the ordinance is written. Hodges answered no. Crawford moved to let the permit issued be valid. Burke seconded. Vote by Council was unanimous. Crawford moved to issue a 90 -day moratorium on the section of the code that concerns this issue and refer it to the Planning Commission and the Community Development Department for review and research. Reynolds seconded with an amendment for free standing signs on vacant lots only. Vote by Council was unanimous. 1 Burke moved to approve Section 2 -4 -13 Leave Policies (h) Family Medical Leave on its second reading. Buelterman seconded. Vote by Council was unanimous. Crawford moved to accept Section 2 -3 -29 (a)(1) Oaths on its second reading. Reynolds seconded. Vote by Council was unanimous. Crawford moved to adopt 2 -1 -11 Regular and Special Meetings on its second reading. Barrow seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). This means that Council will meet one hour prior to the regular meeting for a pre meeting to go over the agenda. The question of the sale of a trailer by the water sewer department came before Council, somebody has offered $300.00. Cannon said it is an 18- wheeler, flat bed with soft sides. Parker asked about a bid package. Youmans said he will have Mr. Crone look at it and assess the value. Buelterman announced that the Sand Gnats game will be on April 26 with $.50 of the ticket price going to the charity of our choice and moves to give the proceeds to the Marine Science Center. Crawford seconded. Vote by Council was unanimous. Youmans moved to have an executive session to discuss litigation and personnel. Burke seconded. Burke moved to reconvene the regular meeting. Youmans seconded. Vote by Council was unanimous. Hughes told Council that he has received Cannon's resignation effective March 15, 2002. Hughes said we need a motion to accept or deny the resignation. Crawford motioned to accept the resignation, thanked Mr. Cannon for his services and move that Mr. Cannon be placed on paid administrative leave for the 30 days before his separation is effective and that during the 30 days he makes himself reasonably available to consult as may be reasonably requested by agents of the city and that the contractual severance terms of is contract be carried out as so stated therein. Reynolds seconded. Vote by Council was 5 in favor (Burke, Youmans, Reynolds, Crawford and Barrow); 1 opposed (Buelterman). Youmans moved to appoint Jimmy Brown as Interim City Manager. Burke seconded. Vote by Council was unanimous. As there was no further business to come before Council the Mayor adjourned the meeting. Clerk of Council Mayor Walter W. Parker RESOLUTION Con unity Development. Block Grant Whereas, on- Febrrary.i4., 2002 at 6:30 p.m, a puablic.hearing was :held at Tybee Island City Hall (See advertisement in Savannah Morning News attached) to receive input concerning the need for a Senior Citizen's Center that is included in and is part of a multi- purpose Community Complex, and • Whereas, 'grant firms - m the Georgia ,Depa . t of Community . fairs are available to construct this project, and Whereas, the City of Tybee's Service Delivery Strategy and Long Term Comprehensive Plan. are consistent with and specifically ly address implementing this project, and Whereas, fang buildings owned by the City of Tybee are available to be used for this project: NOW, THEREFORE, be it resolved by the City Council of Tybee Island. that.: 1. The City shall apply for a $500,000.00 grant to renovate public buildings for a Senior Citizen Center from the Georgia Department of Community Affairs. 2. The City will provide a casb.inatch of $10,000.00 for this .renovation concurrent with receipt of these grant funds. 3. The City will commit $500,000.00 as leverage to construct the gymnasium portion of the Community Complex. 4. .The City vell provide for ongo.,maintenance and support for the ,faoity from general funds and /or ongoing rental income. This 1.•th day of February, 2002 FEB.07'2002 16:15 9122382767 CALLAWAY,BRP.IIRT, IDDLB &H:IGHES, ?.0 *1379 P.003i004 RESOLUTION WHEREAS, the City of Tybee Island is a duly incorporated municipality in the state of Georgia being vested with all powers possible for a city to have under the present or future constitution and laws of the state of Georgia; and WHEREAS, the City also has the authority under it charter to acquire, dispose of, lease and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the corporate limits of the City; and WHEREAS, the City has the power to regulate, open, extend widen, narrow establish, abandon or close, among other things, rights -of -way and to maintain rights -of -way within the City; and WHEREAS, the City also has the power under its charter to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facditiies, etc., or charitable, cultural, educational, recreational, and conservation facilities; and WHEREAS, the Mayor and Council of the City of Tybee Island want to develop a plan for the disposition of narrow portions of real estate owned by the City, impractical for use as streets or other legitimate purposes, and to transfer such properties to abutting owners where practical for the fair market value thereof in order to raise funds to acquire more suitable properties for preservation as recreational and/or environmental conservation and /or greenspace areas; and WHEREAS, the Mayor and Council of the City of Tybee Island want to preserve funds obtained by lawfully authorized dispositions of appropriate properties in order that such funds may be designated for the acquisition and maintenance of more suitable FEB.07'2002 16:16 9122382767 CALLPMAY ,BRAUN,RIDDLE£H:TGHES", ?.0 *1379 P.004/004 properties for preservation as recreational and/or environmental conservation and/or greenspace areas. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Tybee Island duly assembled, that the City of Tybee Island investigate the existence and location of various portions of real estate owned by the City of Tybee Island 'and to consider, pursuant to all appropriate laws, possible disposition thereof in order to raise funds to acquire, Maintain and /or operate suitable parcels of real estate for conservation, green space, recreational, scenic and /or related purposes. BE IT FURTHER RESOLVED that following the sale of any properties owned by the City pursuant to this playa, the proceeds generated by any such transaction be deposited into an account and designated on a specific line item so that all such funds will be dedicated to the use of acquiring and maintaining appropriate properties for conservation, greenspace, recreational, scenic and /or related purposes as directed by the Mayor and Council. This . day ofl. , 2002. ATTEST: R. BROWN F COUNCIL EM11114 361RESo4O2.1VEW MAYOR WALTER W. PARKER 1 1 1 STATE OF GEORGIA QUITCLAIM DEED CHATHAM COUNTY THIS INDENTURE, made this 26 day of , 2002, between THE CITY OF TYBEE ISLAND, GEORGIA, a municipal corporation; as party of the first part, to DEMETRIOS G. TSOULOS and LAWANNA R TSOULOS, of Chatham County, Georgia, as parties of the second part, WITNESSETH: Party of the first part, for and in consideration of the sum of Ten Thousand Two Hundred Sixty ($10,260.00) Dollars and the agreement to convey an easement of up to twenty (20') feet in width along the westerly right-of-way line of Daniels Street and immediately east of Lot 6, Block No. 3, Bay Ward, provided the party of the first part would notify the parties of the second part in writing on or before August 14, 2002 of the need for such easement, and upon said notification not being given, said obligation to convey the easement right shall cease on the part of the parties of the second part, and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, convey, release and forever quitclaim unto the second parties, their heirs, successors and assigns, all of its right, title and interest in the following described property, to -wit: ALL that certain tract or parcel of land being the unopened right -of -way of Daniels Street situate, lying and being in the State of Georgia, County of Chatham and in the City of Tybee Island, and more particularly shown on a map or plat prepared by Barrett Land Survying, Inc. dated January 5, 1997 as Daniels Street. Said parcel of land hereby conveyed having a frontage on the south side of Bay Street of 60 feet, a rectangular depth southwardly of 180 feet and a width across the rear on Solomon Avenue and/or Estill Avenue of 60 feet. Said parcel of land is bounded on the whole as follows: On the North by Bay Street; on the East by Lots Numbered 1 and 10, Block 4, Bay Ward; on the South by Estill Avenue and on the West by Lot Numbered 6, Block 3, said Ward. TITLE NOT EXAMINED AND IS NOT CER flFIED BY RANITZ, MAHONEY, COOLIDGE & MAHONEY, P.C. 1 IN WITNESS WHEREOF, the party of the first part has hereunto caused these presents to be duly executed by its duly authorized officials and by the affixing of its corporate seal on the day and year first above written as the date hereof. Signed, sealed and delivered in the presence of: 4 IN f &4 t_.i J. r THE CITY OF TYBEE ISLAND, GEORGIA Atte Notary Public, S of Georgia Dialt" J. SIXES My Commission expires Notary Public, Chem *t (AFFIX NOTARIAIA9Ersslan ExPires t Clerk of Council 1 1 Vr tsLt/MCtx: A A RESOLUTION CHATHAM COUNTY WHEREAS, the City of Tybee Island, Georgia, has received a request from Demetrios G. Tsoulos and Lawanna R. Tsoulos to purchase the unopened right -of -way known as Daniels Street within the City Limits of Tybee Island, Georgia; and WHEREAS, Petitioners own property which abuts the easternmost right -of -way of the said unopened Daniels Street; and WHEREAS, the City of Tybee Island owns the property which abuts and is adjacent to the westernmost property line of unopened Daniels Street; and WHEREAS, pursuant to O.C.G.A. §36- 37 -6(g), the City of Tybee Island, Georgia is authorized to sell to abutting property owners at private sale without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids any unopened street or right -of -way under such terms and conditions as determined to be in the best interest of said City; and WHEREAS, the City of Tybee Island does not wish to remain the title holder of any portion of Daniels Street and the City of Tybee Island in open Council Meeting assembled has agreed to convey to Petitioners all of the unopened right -of -way of Daniels Street by Quitclaim Deed for a price established by a licensed real estate appraiser; and WHEREAS, the City of Tybee Island needs to retain and/or secure an easement in a portion of Daniels Street for purposes of the installation and maintenance of a sewer line and Demetrious G. Tsoulos and Lawanna R. Tsoulos agree to convey such an easement of up to, but not exceeding twenty (20') feet in width at the westernmost portion of Daniels Street right -of -way and without any further consideration, however, the obligation of Demetrious G. Tsoulos and Lawanna R. Tsoulos to convey such easement shall expire on or about 1 1 August 14, 2002 if the City has not at that time advised the Tsoulos' in writing of the City's wish to have such easement conveyed and of the location of the desired easement: NOW, THEREFORE, the purpose of this Resolution is to authorize the Mayor of the city of Tybee Island and the Clerk of Council to execute a Quitclaim Deed conveying to Demetrios G. Tsoulos and Lawanna R. Tsoulos property known as Daniels Street upon the payment by Petitioners to said City of the sum of Ten Thousand Two Hundred Sixty ($10,260.00) Dollars, being the appraised value thereof, and upon the Tsoulos' agreeing to convey without further consideration to the City of Tybee Island an easement for the installation and maintenance of a sewer line not to exceed twenty (20') feet in width at the westernmost portion of the right -of -way of Daniels Street in the event the City gives notice of the need for such sewer line in writing to the Tsoulos' prior to August 14, 2002. The address for such notice shall be 1218 Bay Street, Post Office Box 670, Tybee Island, Georgia 31328. ADOPTED IN OPEN COUNCIL MEETING on February 14, 2002. Attest: c?rb vim, 0¢7 v�-- Q, 1 1 1 FIRST AMENDMENT TO INTERGOVERNMENTAL CONTRACT (City of Tybee Island) This First Amendment to Intergovernmental Contract (this "First Amendment "), dated as of December 1, 2000, between the GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY, a public body corporate and politic and an instrumentality of the State of Georgia, created under the laws of the State of Georgia (the "Authority "), and the CITY OF TYBEE ISLAND, a municipal corporation and a political subdivision of the State of Georgia (the "City"); WITNESSETH: WHEREAS, the City and the Authority entered into an Intergovernmental Contract (the "Contract ") dated as of December 1, 1997, for the purpose of having the Trade Center Tax described in the Contract and collected by the City paid to the Authority in order to assist the Authority in providing for the operation and management of the Georgia International and Maritime Trade Center (the "Trade Center "); and WHEREAS, Section 1.1 of the Contract provided for its expiration on the earlier of December 1, 2000 or the date on which the Trade Center will no longer be operated for the purposes authorized by Georgia law; and WHEREAS, the parties hereto wish to extend the expiration date of the Contract pursuant to the terms of this First Amendment; NOW, THEREFORE, the City and the Authority agree as follows: 1. Section 1.1 of the Contract is hereby stricken in its entirety and a new Section 1.1 is hereby inserted in lieu thereof to read as follows: Section 1.3 Effective Date; Duration of Term. This Contract shall be effective as of the date hereof and shall expire on the earlier of December 1, , or the date on which the Trade Center will no longer be operated for the purposes authorized by the Act. This Contract may be renewed by agreement of the parties hereto. 2. Except as amended hereby, all other provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Authority and the City have caused this First Amendment to Intergovernmental Contract to be executed by their duly authorized officers in their respective corporate names and their respective corporate seals to be hereunto affixed and attested, all as of the date first above written. 1 1 (Corporate Seal) (Corporate Seal) GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY By: Chairman Attest: Secretary CITY OF TYBEE ISLAND By::�" ..�./ ayor I: \Wpfile\Kridenhour \Trade Center\First Amendment to Intergov Contr - Tybee.wpd Certificate of Adoption Strategic Plan for Long Range Beach Management Tybee Island, Georgia February 14, 2002 WHEREAS the Mayor and City Council commissioned a study known as The Tybee Island, Georgia, Long Range Beach Management Plan (LRBMP) for-purposes of protecting and preserving the beaches of Tybee Island, and WHEREAS the duly appointed Tybee Island Beach Task Force has reviewed the study, concurs with its findings, and has formulated a Strategic Plan Suitable for implementation of the LRBMP, now therefore, The Mayor and City Council do hereby adopt the following implementation activities for Tybee Island which address beach management issues at the Federal, State, County and Local levels: 1. Federal Level — The City shall: • Plan for a seven (7) year maintenance cycle for the federally authorized Shore Protection Project for Tybee Island, Georgia, by beginning to prepare for the 2006 renourishment project. • Continue to work with Congressman Jack Kingston or other appropriate Congressional representatives to introduce a modification of the Shore Protection Act by the Water and Energy House Appropriations Subcommittee necessary to extend the limits of the Federal Shore Protections Project to include all of the Tybee Island Coastline. 1 • Request concurrent assistance from the Subcommittee sufficient to allow for Section 206 authorization. This would give the City (or State) authority to construct future nourishment projects independently of the U. S. Army Corps of Engineers and to receive reimbursement for the federal cost share. • Insist that the Savannah District, USACOE, formally retract the existing Draft Section 111 Study and seek guidance as to how to proceed with a technically based, rational and equitable reconnaissance level Section 111 investigation. 2. State Level — The City shall support the efforts of State Representative Burke Day and the Georgia Shoreline Preservation Coalition to: • Work to establish a non - lapsing source of funding intended solely for statewide beach management • Pass an amendment to Title 52 of the Official Code of Georgia Annotated relating to waters of the state, ports, and watercraft. Such legislation should mandate the placement of beach quality sand, from the construction and maintenance of navigation channels of the state, on adjacent coastal beaches at no cost to local units of government. • Seek engineering recommendations and funding necessary to clear the near shore channel directly abutting the North Beach shoreline of Tybee Island. Shoaling and accretion in the vicinity of the Polk Street point hinders navigation to Lazaretto Creek, thus harming the shrimping industry. 3. County Level — The City shall pursue the following agreements with Chatham County: • Agree to open negotiations with the City of Tybee Island to establish a Joint Beach Enterprise Fund (JBEF) in the county's annual budget for shore and beach protection, renourishment, and other beach - related management activities to include, but not limited to police and lifeguard patrol and the cleanup of the beach. • Agree to allocate the interest on the money belonging to the City of Tybee Island under the 1998 Special Purpose Local Option Sales Tax (SPLOST) for shore and beach nourishment. 2 " Agree to allocate a mutually determined monetary sum between Chatham County and the City of Tybee Island for shore and beach preservation if, and when, the 1998 SPLOST is renegotiated. The sum agreed upon shall be placed in escrow and used for sand on Tybee's shore and beaches as determined by the City of Tybee Island's coastal engineer. " Agree to provide the necessary funding for a Chatham County lobbyist at the State and Federal Levels to promote the importance of providing for Chatham County's only salt-water shore and beach recreational area. (Tybee Island is Georgia's only barrier island that has its entire beach area completely accessible to the public.) 4. Local Level - The City shall: " Consider the establishment of a line Item in its annual budget for shore protection, renourishment and other beach management related activities. " Consider proactive measures regarding future shorefront development, as well as redevelopment after a major storm event, that seeks to protect the beach dune system, existing properties and newly proposed construction. In no event should any existing line of construction be allowed to move in a more seaward direction as a result of beach restoration, beach disposal or temporal natural accretionary processes. This Plan, is based upon the supporting data contained in the study report, Tybee Island Long Range Beach Management Plan and recommendations provided by the Tybee Island Task Force. Each implementation action contained in the Plan is subject to future evaluation" and /or refinement. Nothing in this Plan precludes the 'evaluation and potential adoption of other actions or strategies necessary for the long range management of the Tybee Island shoreline. Approved for adop j 14102 Mayor Dat 3 1 Beach Task Force Membership Berta Adams Cecil DeLorme Helen Downing Richard Grosse Terri Gruendl Spec Hosti Amy Lanier Curtis Lewis Patrick Locklear Dick Magune Mary McCracken Louis Off Freda Rutherford Wick Searcy William Sprague James Stoeffler John Wylly Advisors Honorable Burke Day Charles George Senator Eric Johnson Honorable Jack Kingston Jan Mackinnon Honorable Frank Murray Erik Olsen Doug Plachy DEC.07'2001 10:26 9122382767 CALLA :WAY,BRP.UN,2IDDLE &H:;GHES, ?.0 #7847 P.002/007 ORDINANCE NO. An ordinance to amend the Code of Ordinances, § 2- 413(b) to delete the same and replace it with the following, to be identified as 2-4 -13.1. It is hereby ordained by the governing authority of the city of Tybee Island: 24-13.1 Family and medical leave of absence without pay. The provisions of this section are regulated by the Family and Medical Leave Act of 1993 (P.L. 103 -3) and pertinent Department- of Labor regulations as they may be promulgated. The city specifically reserves the right to add to, change or abolish the provisions of this section, in whole or in part, based upon pertinent action by any appropriate legislative, judicial or regulatory authority. a. A. Eligibility and Reasons Granted. The provisions of this section apply only to those employees who have been employed for at least twelve (12) months (such twelve (12) months of employment does not have to be consecutive) and who have provided at least one thousand two hundred (1,250) hours of service during the twelve (12) months before any leave is requested. In determining the hours worked, paid leave, such as vacation, sick or compensatory leave is not included. The city manager will grant up to a total of twelve (12) work weeks of Family and Medical Leave Act (hereinafter FMLA) leave to any eligible employee during any twelve (12) month period for one or more of the reasons listed below. The twelve (12) month period for purposes of this section shall be measured forward from the date any employee's first FMLA leave begins. However, employees are required to first use any accrued vacation, sick, holiday or compensatory leave for all or any part of this twelve (12) week period. When paid accrued leave is used by an employee in lieu of unpaid FMLA leave, the city will only provide sufficient unpaid leave to total twelve (12) work weeks in the designated twelve (12) month period of tune. 1. Reasons. a. Birth of a child and to care for that child if requested within one year after birth of the child. Employees are required to give at least (30) days notice for a request for this reason and specify the amount of time requested. If, due to unforeseeable circumstances, some adjustment must be made to the requested leave, employees are required to provide the city with reasonable notice of such adjustment. Failure to comply with this notice requirement may be grounds for postponement of the requested leave. b. Placement for adoption or foster care of a child if requested within one year after placement of the child. Employees are required to give at least thirty (30) days notice for a request for this reason and specify the amount of time requested. If, due to unforeseeable circumstances, novice is not able to be given within the thirty day time period, employees are required to provide reasonable notice within, two business days of learning of the need for leave. Failure to comply with this notice DEC.07'2001 10:27 9122382767 CALLAWAY ,BAP.UN,RIDDLE &HJGHBS, ?.0 #7947 P.003/007 requirement may be grounds for postponement of the requested leave. c. Serious personal health condition making the employee usable to perform the essential functions of his job. Employees are, required to give notice as soon as practicable after the need for FMLA leave becomes known to the employee, and specify the amount of time requested. d. Care for a parent, spouse, or child with a serious health condition. A qualifying child must be under eighteen (18) years of age or if older, incapable of self care because of a mental or physical disability. Employees are required to give notice as soon as practicable after the need for FMLA leave becomes known to the employee, and specify the amount of time requested. For purposes of this policy, a parent includes only a biological parent or an individual who stands or stood in loco parentis to the employee when the employee was a child. Parents-in-law are not included. For purposes of this policy, child includes biological children, adopted children; foster children, step children, legal wards or a child of an employee standing in loco parentis and the child is either under age eighteen (18) or age eighteen (18) or older and incapable of self care because of a mental or physical disability. For purposes of this policy; spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides including common law marriage in states were it is recognized. Domestic partaers are not eligible for the provisions of this section. Leave for care of any other relatives or for any other individuals who may be a part of an employee's household is not authorized by this section. 2. For the purposes of this section, a serious health condition is an illness, injury, impairment or physical or mental condition that involves one of the following: a. Hospital Care. Inpatient care (i.e., an overnight stay) in a. hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with, or as a consequence of, such inpatient care. Incapacity for the purposes of FNMA is defined to mean inability to work, attend schools, or perform other regular daily activities due to the serious health condition, treatment for it, or recovery from it. b. Absence Plus Treatment. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition) that also involves: (1) Treatment two or more times by a health care provider, a nurse, or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or (2) Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider. c. Due to Pregnancy, or for Prenatal Care. Any period of incapacity due to pregnancy DEC.07'2C01 10:28 9122382 /67 CALLAWAY ,BRAUN,RIDDLEkHUGHES, ?.0 #7847 ?.004/301 Or for prenatal care. d. Chronic Conditions Requiring Treatments. A chronic condition that: (1) Requires periodic visits for treatment by a health care provider or a nurse or physician's assistant under the direct supervision of a health care provider; (2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (3) may cause episodic incapacity rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.) e. Permanent/Long-Tenn Conditions Requiring Supervision. A period of incapacity that is permanent or long term due to a condition for which. treatment may not be effective. The employee or family member must be under the continuing supervision of but need not be receiving active treatment from a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease. f. Multiple Treatments ( Non - chronic Conditions). Any period of absence to receive multiple treatments (including any period of recovery from them) by a health care provider or a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury or for a condition that would be likely to result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer, chemotherapy, radiation, etc., severe arthritis (physical therapy) or kidney disease (dialysis). Employees must give thirty (30) days notice for all requests for leaves of absence for any planned medical treatment. 0 the employee fails to give thirty (30) days notice, when requested, for foreseeable leave, with no reasonable excuse for the delay, the city manager may deny the taking of FMLA leave until at least thirty (30) days after the date the employee provides notice to the city manager of the need for FMLA Ieave. All requests for FMLA leave for the serious medical condition of the employee, spouse, parent or child must be substantiated by a health care provider's certification of the existence of such medical condition. The initial certification must be provided within fifteen (1.5) days after the city requests such certification. The city's request for certification shall be written and addressed to the employee. The employee is required to provide his department head on the beginning day of the sixth and twelfth week of FMLA leave, a. recertification by the health care provider of the status of the employee's, spouse's, parent's or child's serious medical condition, and a written statement by the employee as to his intention to return to work. 0 the employee's FMLA leave is intermittent or a reduced schedule of work, the employee shall provide the required recertification and written statement of intent at such time as the employee's accumulated FMLA leave totals six weeks and twelve (12) weeks. 1 DEC.07'2001 10:28 9122382767 CALLAWAY,BRAUN,RI DLE &H:TGH.ES,2.0 #78 47 P.0051007 Intermittent leave or a reduced schedule or work may be taken whenever medically necessary to care for a seriously ill family member or because the employee is seriously ill and unable to work. Employees needing intermittent leave or leave on a reduced schedule must attempt to schedule their leave so as to not disrupt the department's operations. Intermittent leave or a reduced work schedule will not be approved for birth of a child, placement for adoption or foster care of a child. The city reserves the right to temporarily transfer an employee on intermittent leave or a reduced schedule of work to an alternative position, with equivalent pay and benefits, that better accommodates the recurring periods of leave than the employee's regular position. 3. If a husband and wife are employed by the city, they are limited to a combined total of twelve work weeks of FMLA leave during any twelve (12) month period for the following reasons only: a. Birth of a child, and to care for 'the newborn child; b. Placement of a child with the employee for adoption or foster care; or c. The care of a parent with serious health condition. The employee is required to keep the department of personnel (payroll section) advised of his current address at all times, B. Employee Benefits During Leave: 1. Health Insurance. The city will provide and pay for the same group health care coverage during the FMLA leave in the same manner as for active employees. The city will notify the employee on. FMLA to pay the employee portion of any health insurance premiwn owed to the city during his absence. If the employee elects not to return to work after the FMLA leave, the city will initiate proceedings to collect the city's portion of the premium paid during the leave of absence. The city will not collect such premiums if the employee fails to return to work after the FMLA leave due to a continuation, recurrence or onset of the medical condition or other circumstances affecting the employee or other family members which are clearly beyond the employee's control.. 2. Life Insurance. The employee may elect to continue coverage of the city's life insurance benefit. The employee is responsible for timely payment of all premiums, including the city's portion, during his absence. The employee is responsible for timely payment of all premiums for any supplemental. policies the employee wishes to continue. Failure to pay the monthly premiums within thirty (30) days of the due date will result in termination of the coverage. Vacation and Sick Leave. No vacation or sick leave will be earned by an employee on leave of absence without pay status. DEC.07'2001 10:29 91223927b7 CALLAWAY ,BRAUN,RIDDLE6HJGHES,3.0 #7647 P.006 /007 4. Pension Plans. No contributions will be made to the employee's supplemental pension fund while on leave without pay status. However, credit for service time for the employee's regular pension plan will be credited to any employee while on leave without pay status for family and medical leave,purposes only. 5. Performance Evaluations, Performance Awards and Longevity Bonuses. Any Ieave of absence without pay for four or more work weeks will result in a corresponding adjustment of evaluation date and, if eligible, the effective date of award of any eligible performance.raise or bonus or longevity bonus will also be adjusted. C. Return to Work. An employee is expected to return to work no later than the first • work day of the week following the expiration of the FMI4 leave for the above reasons. Failure to do so for any reason will constitute abandonment of the city employment by the employee. Upon return from FMLA leave, an employee will be restored to his original job, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. If the employee's absence is due to personal illness, the employee may return to work at any time upon providing a fitness for duty certification by his health care provider. Employees who desire to return to work prior to the end of their leave must give the city notice as soon as possible, but no later than two work days prior to their return. If any employee who requests leave under this section is identified as a key employee (a salaried employee who is compensated among the highest ten percent of all city employees at the time of the request) when he requests such leave, then such employee may be denied restoration to his employment with the city under the following conditions: I. The restoration of the employee to employment will. cause substantial and grievous economic injury to the operations of the city; 2. The city manager gives written notice to the employee of his status as a "key" employee in response to the employee's notice of intent to take FMLA leave, and informs the employee of the potential consequences with respect to reinstatements and maintenance of health benefits if the city determines that substantial and grievous economic injury to the city's operations will result if the employee is reinstated from FMLA. leave; 3. The city manager gives the employee written notice as soon as a decision is made to deny job restoration and explains the reasons for the decision; 4. The city manager offers the employee a reasonable opportunity to return to work front FI ILA leave after giving notice; and 1 DEC.07'2001 10:29 ?122382767 CALLAWAY ,SP,?UN,RIDDLE &ffUGHES, ?'.0 #7847 P.007/00j7 5. The city manager makes a final determination as to whether reinstatement will be denied at the end of the FMLA leave period if the employee then requests restoration. D. Procedure. l.. Employee's Responsibilities. The employee requesting famly /medical leave should complete a request form as provided by the personnel department. Such request form should be submitted to the employee's department head and forwarded to the personnel director and the city manager. The employee should meet with the personnel director to explain the circumstances of the leave and for the personnel director to, explain the employee's rights and obligations under this Act. The employee is also responsible for providing aIl information required on the form, notice of absence when required and for all certifications by any treating health care provider. An employee must work cooperatively with supervisors and department heads to work out a treatment schedule which best suits the needs of both the city and the employee. 2. Department Responsibilities. The department head and city manager are required to approve leave as outlined in this section for eligible employees. The city manager, department heads or supervisors are prohibited from discriminating against employees who take family and medical leave in employment decisions such as performance evaluations, promotions or disciplinary actions. Department heads are required to maintain the departmental and /or division poster notifying employees of the provisions of the FMLA. If an employee verbally notifies a supervisor or department head of the need for leave which may be eligible under this policy, such supervisor should inquire further of the employee of the need to have more information about whether FMLA leave is being sought by the employee, and to obtain the necessary details of the leave to be taken. 3. Personnel Director. The personnel director will serve as advisor to employees and supervisors on the requirements of eligibility for family /medical leave and the provisions of the FMLA. All records pertaining to family and medical leave will be maintained in the employee's confidential medical file in the custody of the personnel director. The personnel director will be responsible for notification of any premiums due from the employee and the collection of same. BIAIT1 X664' M A.NEW ORDINANCE WHEREAS, the City of Tybee has previously adopted its code of ordinances pursuant to the provisions of its charter including § 100 -2 -26 and has published such ordinances in accordance therewith, and WHEREAS, § 100 -3 -11 of the Charter addresses the creation of Board commissions, authorities, and the appointment of members thereof, and WHEREAS, an ordinance is appropriate to contain the oath to be given to each member of any board, commission or authority established by the Mayor and Council, THEREFORE: IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island that the Code of Ordinances § 2- 3 -29(A) is hereby amended so as to add Section 1 thereof as follows: 1. No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the City an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office. The oath to be subscribed shall be administered by the Mayor and shall provide as follows: "I do solemnly (swear) (affirm) that I will faithfully and impartially perform the duties of (Board member, commission member, or authority member) of the City of Tybee Island and will support and defend the Charter and Ordinances of the City so help me God." 1 1 ADOPTED THIS Vi DAY OF , 2002. ATTEST: :F UNCII. F RST READING: SECOND READING: ENACTED: EMH\TYBEE\384\ORDINANCE.NEW b�- t 1 2 -1 -11 Regular and Special Meetings 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 Adninistration, Chapter 1 Mayor and Council, Section 11 Regular and Specail Meetings, be amended to read as follows: Section 1. Section 2 -1 -11 is hereby amended to read as follows 2 -1 -11 Regular and special meetings. Regular meetings of the mayor and council will be held on the second Thursday of each month at 7:p.m. in the City Hall, however, the Mayor and Council may reschedule any such meeting by a majority vote at a public meeting.. Special meetings, including any public hearings under the Land Develo • ment Code ma be held as •rovided b Section 100 -2 -19 of the C Charter. (Ord. No. 2- 1982, 8- 11 -82; Ord. No. 1 -1984, 1- 11 -84; Ord. No. 16 -1984, 12 -6 -84) (Ord. 97 -112: 9/15/97)(1998 -17; 7/23/98)(1999 -05; 4/8/99)(ORD. 1999 -17; 6/10/99)(ORD. 2000 -04; 2 /10 /00) (ORD. 2001 -06; 4/12/01)(ORD. 2001-06; 4/12/01) 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 day of ayor Walter W. Parker lift 0• Ci CIe b 1st Reading: - 1 1- 2nd Reading: 114 - O Enacted: al- - 14 - 0 �-- Page 1 of 1 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM Ar r iDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths,'.1A14Q W , 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 1y * day ofVel, . , 2002. (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 dosed meeting or closed portion of the meeting held on the I* of F • , 2002, which was closed for the purpose(s) of t:14 S -` i d 4r, Prre. as allowed by O.C.GA, Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (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. 1 1 (5) 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 14-14 day of r0 , 2002. Sworn to and subscribed before me this ti-4 day of r.0. Q, , 2002. g:\common \emh \14536\af&day.02 Mayor/Presiding Officer