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HomeMy Public PortalAbout20020411CCMeeting1 1 @ @ITEM 2002 -04 -11 City Council Minutes Mayor Walter W. Parker called the April 11, 2002 Council meeting to order. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. June Johnson gave the invocation. The Pledge of Allegiance was recited. Dr. D. A. Owen presented Council with a request to rent surfboards on the beach stating that the boards are attached to the surfer by a leash. Parker said that he surf zone was 17th Street South. Youmans asked who would be responsible if someone was injured, you or the renter? Owen told Council that the surf zone was 300 feet south of the pier and that people are swimming in that area. Crawford asked about teaching the use of the board. Owen answered that teachers would be on duty. Buelterman asked if the long boards were foam. Owen replied fiber and all sizes. Crawford asked if this were granted would it overlap other beach rental in the area? Owen replied that nobody rents surfboards. Crawford stated that the surfboards might pose a safety hazard. Barrow asked if other beaches rent these types of boards? Owen answered yes, Florida. George Chandler told Council that he rents body boards. Hughes said the ordinance has never allowed surfboards. Chandler said that because of the ordinance he will give up 18th Street license. Beth Weinstein from Clean Up Southern Company was not present to address Council. Rusty Fleetwood addressed Council on his concerns about the proposed fence ordinance that will have a second reading tonight stating that 3 and %2 feet is not high enough to keep a dog in the yard. Henry Levy commended all the people that worked so hard on the Park of the Seven Flags. Levy said that the speed of the construction would depend on the City workers. Charlie Waggoner also spoke on the same issue. Kathryn Williams announced that the Beach Sweep would be Saturday morning at 10 a.m. forming at he pier and that the MSC will hold their auction on April 20th from 4 P.M. until 7 P.M. at City Hall. Dan O'Leary asked Council about a wood fence at the end of 10th Street. Crawford said that it was granted as a revocable license the same as a dune crossover, and that no city property has been conveyed to either party involved. O'Leary said that there was no advertisement for construction. Parker said that Bargeron will check and make sure everything is legal. Earl Schafer said Council should take a hard look at the 35' height limit because it needs to be eliminated. J.R. Roseberry asked if the name of the park at Inlet and Butler is set in stone. Parker answered no. Levy said a sign stating that U.S. 80 begins here will be in place. Mayor Parker open, asked for comments and closed the following public hearing on zoning issues according to law. Planning Commission Chairman Dick Smith presented the Archer/Hand petition for an 11 -foot front yard variance at 1318 Venetian PIN 11- 03 -6A. Attorney Harold Yellin explained the background on this request and also handed out pictures of surveys done during the years starting with 1928. Burke asked if this will continue to be a single family resident. Hand said it would be a duplex. Crawford questioned the zoning of the 1 1 property. Hand said it is zoned R -2. Youmans told Council that not to many years ago that there were poles in that area and parking was allowed on the property in question. Buelterman asked if the property was what it use to be then you would not be in the setback with this new portion of a structure and how far is it to the street. Yellin answered 40 feet to the roadway. Kathryn Williams told Council the neighbors are not aware that this is on the agenda as there was not a notice posted nor were letters sent. Joel Boddiford told council that he has no objection. Diane Sikes said notices were mailed out and it was advertised in the Savannah Morning news. Smith advised Council that the Planning Commission voted unanimously to approve the setback variance request from Elizabeth Jan Hogan at 1605 Chatham PIN 10- 4-8. Attorney Tom Mahoney spoke on behalf of Ms. Hogan. Mahoney said this is a substandard lot of record; the lot is 47' by 60', there is a private access, and that most of the structures in that area are built right up to the lot line. Mahoney stated that this is a hardship. No comments from the audience or questions from Council. Smith advised Council that the Planning Commission voted 6 to 1 in favor of granting the variance for front and side yard setbacks for Waters at 1103 Butler Avenue PIN 6- 19 -11. Terry Coleman addressed Council stating that the lots are shallow. The variance would be 5 feet on the side and 8 feet on the front setbacks. Barrow asked about the average setbacks on Butler within 200 feet. Coleman answered yes it is within reason. There were no comments from the audience. Smith presented the petition for a minor subdivision for McCusker at 54 Rosewood PIN 4- 3 -9 -2. The historic house will remain on one lot of 12,419 square feet and the other lot would be 12,633 square feet facing Solomon. Smith said that the lots would meet the R -1 requirements and that the Planning Commission voted 5 in favor 2 opposed. Attorney Tom Mahoney informed Council that Tommy Clark will withdraw his request for a height variance at this time because of the opposition of neighbors. Parker asked if this is a permanent decision. Mahoney answered that if Clark decided to reapply that it would be according to the law. Joe Craft and Jay Davis voiced their opposition to the request. A letter was read from Vickie Worden opposing. Smith presented the variance from Clark for a swimming pool in the front setback. Smith said the Planning Commission voted 5 to 2 to deny the variance. Buelterman said that the ordinance states no pools in the front yards. Smith answered that is correct. Crawford told Council that DNR has taken Clarks' backyard. Smith said he does not believe that the Planning Commission has the DNR line. Crawford again stated that Clark has no backyard. Smith said he has a side yard. Mahoney told Council he is not sure that Clark even needs a variance as the side yard setbacks run from front lot line to back lot line section 3 -190 (b) of the LDC. Parker asked the size of the pool. Mahoney answered not big. Trey Clark said about 10 X 15 or 8 X 15.Buelterman asked if any part of the pool was not in front of the house. Mahoney said according to the drawings it does appear to be entirely in front. Buelterman disagreed based on drawings supplied by Clark. Barrow asked if this was on a private road? Mahoney answered yes, 20 -foot access easement is not a problem. Barrow asked about the road going into the development, is it private or an easement? Trey Clark answered it is city owned. Buelterman said intent of ordinance is to prevent people from putting pool in the front yard. Buelterman also stated that drawings seemed to indicate a deck and if so then the 1 1 1 deck would not meet code requirements for front yard setbacks. Crawford said it is Estill Avenue. Mahoney said yes. Reynolds asked if there was a bigger drawing. Clark showed Council something. Joe Craft said that the road going into North Waves belong to the developers. Bargeron said that a pool must be fenced according to the law. Trey Clark told Council this is an above ground pool. Jay Davis told Council that Clark is a professional developer and it is his problem if he has boxed himself in, young Clark does not know the size of the pool, Clark's people are driving though our private drive. Smith presented Council with a petition for a variance for non - conforming use structure for Chadwick at 1506 Jones Avenue PIN 4 -8 -9 -3 to add a rear deck. Planning Commission vote unanimously to approve. Smith presented a variance request for a dune crossover for Wilson at 7 Oceanview Court PIN 4- 3 -10 -6. The crossover would be located to the south side of the structure. Planning Commission vote 6 in favor and 1 abstained. Parker questioned the DNR permit. Smith answered that the approval must come from Tybee first. Smith presented Council with a petition from Searcy for a variance for non- conforming use at 11 8th Street PIN 4- 6 -2 -5. This is for an addition of a bathroom and a deck that will not encroach any further into the setbacks. Leslie Wilkes was present to answer any questions, as he is part owner of the property. Smith said the Planning Commission vote unanimously in favor of granting the variance. Smith presented Council the petition from Gordon at #3 Alley 3 PIN 4 -6 -2 -5 for a non - conforming structure variance. This would allow Gordon to raise the house in order to be above the flood elevation. Planning Commission voted unanimously in favor. Smith presented Council with a variance request from Strozier 105 Lovell PIN 4- 4-1-13 for a non - conforming structure. There will be no further encroachment into the setbacks. Planning Commission voted unanimously in favor to grant. Smith presented the petition from Dan Sheehan for a variance for non - conforming use at # 3 8t` Street PIN 4 -6 -1 -3 telling Council that it is no more encroachment into the setbacks. Planning Commission voted 6 to 1 in granting the variance. Smith presented a request from Harold, 3 Shipwatch Lane PIN 4- 21 -17 -12 for a variance for a dune crossover. Planning Commission voted 6 in favor of granting. Mayor Parker opened the meeting for business legally presented. Youmans moved to adopt the consent agenda, (copy attached and becomes a part of these minutes) but remove the renewal of the alcohol beverage license for Bubba Gumbo's until safety issues are cleared up. Burke seconded. Vote by council was unanimous. City Attorney Hughes reminded Council that they have in front of you all the ordinances that pertain to zoning issues coming before you tonight for a decision. Burke moved to approve the setback variance for Hand/Archer at 1318 Venetian Drive. Crawford seconded. Vote by Council was unanimous. Youmans moved to grant the setback variance request from Hogan at 1603 Chatham. Burke seconded. Vote by Council was unanimous Burke moved and Youmans seconded the motion to approve the setback variance for Waters at 1103 Butler Avenue. Vote by Council was unanimous. Burke moved and Crawford seconded the motion to grant the minor subdivision for McCusker at 54 Rosewood. Vote by Council was unanimous. 1 1 Youmans moved to approve the variance for the pool for Clark at 1429 Estill Avenue. Crawford seconded. Vote by Council was 4 in favor (Burke, Youmans, Crawford and Barrow); 2 opposed (Reynolds and Buelterman). Burke moved to approve and Crawford seconded the request for a variance from Chadwick at 1506 Jones Avenue. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Youmans moved to approve and Buelterman seconded the variance request from Wilson at 7 Oceanview Court. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Burke moved to approve and Crawford seconded the variance request from Searcy at 11 8th Place. Vote by Council was unanimous. Youmans moved to approve and Burke seconded the variance request from Gordon at #3 Alley 3. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Youmans moved to approve and Buelterman seconded the variance request from Strozier at 105 Lovell Avenue. Vote by Council was unanimous. Crawford moved to approve and Burke seconded the variance request from Sheehan at # 3 8t' Street. Vote by Council was unanimous. Buelterman moved to approve and Reynolds seconded the variance request from Harold at 3 Shipwatch Lane. Vote by Council was unanimous. Youmans moved to table request from Owens to rent surfboards on the beach until the next Council meeting in order for Council to know for sure the surfmg areas and what is equipment is permissible under beach equipment and other similar items. Reynolds seconded. Vote by council was unanimous. Brown will research the minutes for surfing area location. Crawford moved to adopt Section 5 -090 Variances on first reading. This will allow the Zoning Department to approve certain variances but also the option to send on to the Planning Commission and to City Council for decision if there is any question. Buelterman seconded. Vote by Council was unanimous. Crawford moved to adopt Section 9 -3 -31 through 34 Beach Rentals on its first reading. Youmans seconded. Hughes explained that nay other location request not listed in the ordinance must come before Council for consideration and approval. Vote by Council was 5 in favor (Youmans, Reynolds, Crawford, Buelterman and Barrow); 1 abstained (Burke). A letter from Sallie Keller and Denny McNeely commending the EMS and the Police Department. Crawford moved to adopt Section 7 -2 -1 Use of City facilities on its first reading. Youmans seconded. Vote by Council was unanimous. Buelterman will chair a committee to study stub and tap -in fees, and the ordinance on aid to construction. Burke and Reynolds will serve on the committee. Bargeron and the Interim City Manger will also serve on the committee. Jackie Brown told the committee that this will have to be advertised every time a meeting is called. Buelterman moved to allocate $200.00 for a title search of the property in question for the rails into trails. Youmans seconded. Vote by Council was unanimous. 1 1 Crawford moved to up the decal fees from $55.00 to $75.00 a year; to adopt an increase in citations fees - overtime at meter from $8.00 to $10.00 and improperly parked from $9.00 to 12.00; and also 1st reading on the parking lot fees. Burke seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Crawford moved to adopt Section 3 -090 Schedule of Development on it second reading. Reynolds seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); lopposed (Youmans). Youmans moved to deny Section s 2 -010 (B); 3 -151 Fences and 5 -2 -21 Public Works Definitions Fences. Crawford seconded. Vote by Council was unanimous. Reynolds moved to adopt the update to the Hotel motel ordinance on second reading. Crawford seconded. Vote by Council was unanimous. Brown questioned the parking vote. Hughes explained that the Mayor and Council can change the fines but that the lot fees are listed in the ordinance. Brown told Council that the policy for contract labor is being written. Crawford said that he has a contract from Waggoner for writing a grant on the rails in to trails purchase of land and will forward it on to Brown and Hughes for review. Fire Chief Brown requested an adjustment to the fire budget. Brown stated that he would like to move the $10,000 in capital expenditures to the reserve fund for the purchase of a new fire engine in the year 2004. If this is done there will be $100,000 in the reserve account. Burke moved to approve the request. Youmans seconded. Vote by Council was unanimous. Brown said there are 97 sheets of board planks with a value of $2,700. being stored at the DPW plant and he would like permission to sell the sheets as they are of no use to the City as they were purchase for the skate park at the beginning of the project. Brown said that there is a buyer for some of the material and he thinks $20.00 a sheet is reasonable. Brown said he will get with Hughes to decide how to handle. Brown presented Council with a purchasing policy that was worked on by the City Auditor and the City Attorney and would like Council to adopt the policy. Crawford moved to approve the policy. Youmans seconded. Vote by Council was unanimous. Brown said that this policy can be strengthened as we go along. Brown told Council he placed an information only document in their boxes on the hiring process of personnel. Brown requested that Council waiver the fee for use of the Community House on April 26th, as it is a get together for the returning troops. Barrow announced that he would like to volunteer to help with the negotiations for the SPLOST splits between the County and other municipalities. Brown said that he has not seen the contract from Charlie Waggoner to write another grant for the City. Youmans moved to enter into executive session for the purposes of discussing personnel and litigation. Burke seconded. Vote by Council was unanimous. Youmans moved to reconvene the regular session. Crawford seconded. Vote was unanimous by Council. Youmans moved to increase the salary of the Clerk of Council to the same amount as the Chief of Police. Burke seconded with an amendment to the motion that 1 1 1 this be effective back to January Youmans accepted the amendment. Vote by Council was unanimous. As there was no further business to come before Council the meeting was adjourned. Clerk of Council Mayor Walter W. Parker 1 1 Consent Agenda for April 11, 2002 Tybee Island City Council I Alcohol Beverage Renewals . Spanky's — John Yarbrough . Tybee Market IGA — Michael Hosti . The Beachside Grill — Clifford Meads . MacElwee's — Michael Coffey . The Seafood place — Teresa Baker . The Hunter House — John Hunter . Fanni e's on the Beach — Jenny Orr . Tybee Tavern & Restaurant — Rose Brown . Wind Rose Cafe — Mayr Lynell Harris . Dolphin Reef Restaurant — Eugenia Spirides . North Beach Grill — George Spriggs . Doc's Bar — Wanda Parker . Bubba Gumbo's —Paul Burns - Removed from Consent agenda II Minutes March 14th and 28th Meetings Information Only — . Beach Studies and Resources III Budget Adjustment for Public Works - Paving Tennis Court Contract - Lights Resolution - Park of Seven Flags Proposal. 03 -090 Setback to Plann3(ng Commission Moved for adoption of Cbnsent Agenda by Crawford, seconded by Reynolds Adoppeddby.a unanimous vote by Council 1 Ordinance # AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA It is hereby ordained by the governing authority that the Code of Ordinances, Section 3-090A is amended: Section 1. Section 3-090 is hereby amended to read as follows 3-090 SCHEDULE OF DEVELOPMENT REGULATIONS A. Schedule of residential district riirnenSitmal remiirementc Zoning Districts Minimum Lot area (sq.ft) Nfinimum yard Setback Distance Maximum Structure Heipjtt Limits - Fly Two Family Multi - Family Front Rear Side 8 R -1 12.000 Not Permitted Not Permitted 20 20 10 35 R 1 B 6,600 Not Permitted Not Permitted 20 10 10 35 R-2 4,500 6,750 Not Permitted 20 10 10 35 MD 4,500 6,750 20 10 10 35 C-MD - - 8,000 Buildable to 80% ofthe Property 20 10 10 35 RT 7,000 8,000 8,000 Buildable to 80% ofthe Property Exclusive of the setbacks 20 20 10 35 (ORD. 1995; 12/7/95) 1. In the event of detached duplexes, the minimum lot size shall be 9, 000 (nine thousand) square feet and there shall be a separation of open space of twenty (20) feet between the closest points ofthe completed dwelling units. Further, all other setback reguirements apply. 2. In any residential district (R -1. R-1-B. R-2, and RT) where the average front setback distance for existing buildings on all lots located wholly or partly within two hundred ( 200) feet of any lot. and within the same zoning district and fronting on the same side of the same as such • is : than the minimum setback r -• - • in such z• _ distri the front setback on such lot ma be less than the setback but not less than the existing average setback distance for all lots within two hundred (200) feat provided that in no case shall the front setback on new construction be less than ten (10) feet When lots within two hundred feet are vacant such vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance. B. Schedule of commercial district dimensional requirements * ** ** *Zone Front Yard Rear Yard Side Yard • Structure Heights C-1(A) 0 None required except 25 feet ** if bordering residential district. None required except 25 feet** if bordering residential district 35 C-1(B) 8 6 5 35 C-1( C) 20 10 10 35 C-2 20 20 10 35 MD 20 10 10 35 TBR 20 10 10 35 (ORD. 1995-17; 12/7/95) (*)When abutting public streets, any principal building shall be located no nearer than five (5) feet to that lot line. ( * *) Where commercial establishment abuts residential zoning, a suitable screen will be required. See Section 3.160 This screen shall be either natural ( planting) or manmade and shall be required. This screen shall be either natural (planting) or man -made and shall be *maintained in good order and approved by the Zoning Administrator. Minimum height is six (6) feet. * ** C-1( A) Retail uses & Food/Beverage Service Uses C-1( B) Hotel & Motel uses, with 80% maximum lot coverage C-1( C) Residential uses, including single family, two family, and multi- fammly (Triplexes, Quadraplexes, Townhomes, Apartments, Tourist Homes, Condominiums, Timeshares, and Similar uses), Bed & Breakfast uses, and Public Structures. * * * *Arlide 4.2.24 Fire Prevention code applies to all districts. See 4-2 -24 for requirements for all structures closet than 10 feet (measured from closest point of structure) from property lines and multiple buildings on a single lot Page 1 of 2 1 1 ORDINANCE # _ AN ORDINANCE OF THE CITY OF TYBEE ISLAND AMENDING THE CODE OF ORDINANCES IMPOSING A HOTEL -MOTEL EXCISE TAX AND PROVIDING FOR THE ADMINISTRATION AND COLLECTION OF SUCH TAX IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island that the Code of Ordinances shall be amended so as to delete existing Sections 3 -2 -41 through 3 -2 -45 and to place in lieu thereof the following; to be renumbered 3 -2 -41A through 3 -2 -59A Section 1. Definitions. The following words, terms and phrases shall, for purposes of this Ordinance and except where the context clearly indicates a different meaning, be defined as follows: �9City� : The City of Tybee Island and, variously, the incorporated territory of the City, wherein the City of Tybee Island is empowered to impose this tax by O.C.G.A. 848 -13 -50 et seq. gInnkeeper'.: Any person who is subject to taxation under O.C.G.A. 848- 13/050 et seq. for furnishing for value to the public any rooms, lodgings, or accommodations. Section 2. Imposition of Tax. Pursuant to O.C.G.A. 848 -13 -50 et seq. authorizing each municipality in the state of Georgia to impose, levy, and collect an excise tax upon the furnishing for value to the public any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by or required to pay business or occupation taxes to the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which room, lodgings, or accommodations are regularly furnished for value, there is hereby levied an excise tax on the charges to the public for such furnishing of any room or rooms, lodgings, or accommodations within the City. The tax shall not apply to charges for rooms, lodgings, or accommodations which are provided: (a) For continuous occupancy of more than ten (10) consecutive days; the tax shall apply to the the charges for accommodations during the first ten days of continuous occupancy; (b) To any persons who certify that they are staying in such room, lodging or accommodation as a result of the destruction of their home or residence by fire or other casualty; (c) For meeting rooms and other such non - lodging facilities; (d) Without charge in money or other form of direct or indirect compensation; 1 1 1 (e) To officials or . employees of the Georgia state government or any of its instrumentalities, and to officials or employees of Georgia local governments (municipalities, counties and school districts), when such official or employee is traveling on official, public business and provides documentation thereof issued by the governmental unit. Occupancy may be for any period and charges may be paid by any means. Member institutions of the university systems of Georgia are instrumentalities of the state. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local credit or debit card, such rooms, lodgings or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this subsection. (f) To foreign nationals who are members of their legation (diplomatic mission) in this country and who provide documentation thereof issued by the United States Department of State. Occupancy may be for any period. (g) To employees of the United States Government and its instrumentalities for accommodations furnished for any period when charges are paid exclusively by check or other negotiable instrument issued by the United States of America or any of its instrumentalities. Unless the charges are paid directly by the U.S. government or any of its instrumentalities, such employees (including military personnel) are not exempt from this tax. Section 3. Rate. The rate of taxation shall be six (6) percent of taxable charges to the public for lodging accommodations. The tax shall be levied at this rate and the resulting revenues shall be used pursuant to the applicable subsection of O.C.G.A. M8- 13 -51. Section 4. Collection of tax by Innkeeper. Every innkeeper providing accommodations in this City shall collect the hotel -motel tax on the taxable charge to the occupant and shall provide a receipt to each occupant which receipt shall reflect both the amount of charge for the accommodations and the amount of this and other taxes applicable. This tax shall be due from the occupant and shall be collected by the innkeeper at the time payment for the accommodations is made. The innkeeper shall be liable for any amount of tax that he fails to collect appropriately and must remit to the City any amount of tax collected in excess of that which should have been collected. Section 5. Registration of Innkeeper. Every person engaging or about to engage in business as an innkeeper in this City shall 1 1 1 immediately register with the City on a form provided by the City. Persons engaged in such business must so register, if not already registered, not later than thirty (30) days after the date this Ordinance becomes effective. Any innkeepers already registered with the City shall be required to re- register following the effective date of this Ordinance. Each registration shall set for the name under which such person transacts business or intends to transact business, the location of his place(s) of business and such other information which would facilitate the administration of the tax as prescribed by the City. The registration shall be signed by the owner if a natural person; in case of ownership by an association or partnership, by a member or partner; in case of ownership by a corporation, by an officer. The City shall, after such registration, issue without charge a certificate of authority to each innkeeper to collect the tax from the occupant. A separate registration shall be required for each place of business of an innkeeper. Each certificate shall state the name and location of the business to which it is applicable. Section 6. Return/payment of tax. (a) Each innkeeper on or before the twentieth (20th) day of each month, shall transmit returns and remit taxes due showing the total charges taxable under this Ordinance during the preceding calendar month. The return shall be made upon forms prescribed, prepared and furnished by the City. (b) As used in the subsection, the term Nestimated tax liabilitrs means an innkeeper's tax liability under the Ordinance, adjusted to account for any subsequent change in the rate of tax imposed under the Ordinance or any substantial change in circumstances due to damage to the premises, based on his or her average monthly payments for the last fiscal year. If the estimated tax liabilty of an innkeeper for any taxable period exceeds $2,500, the innkeeper shall file a return and remit to the City not less than fifty (50) percent of the estimated tax liability for the taxable period on or before the twentieth (20th) day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection a. of this Ordinance section. This subsection shall not apply to any innkeeper unless during the previous fiscal year the innkeeper's monthly payments exceeded $2500 per month for three consecutive months or more. Section 7. Collection fee. Each innkeeper collecting the tax required by this Ordinance shall be allowed a collection fee of three (3 %) percent of the tax due as a deduction from the amount due, provided that the amount due is not delinquent at the time of payment, and provided further that no other City taxes, fees or assessments are delinquent. Section 8. Innkeeper's selling or quitting business; withholding purchase money by purchaser, liability of purchase for failure to withhold purchase money. If any innkeeper liable for any tax, interest or penalty imposed by this Ordinance sells his or her business or quits the business, he shall make a final return and payment within fifteen (15) days after the date of selling or quitting the business. The innkeeper's successor or assigns, 1 1 1 if any, shall withhold a sufficient amount of the purchase money to cover the amount of the taxes, interest, and penalties due under this article and unpaid until the former owner produces either a receipt from the City showing that the taxes, interest, and penalties due under this Ordinance have been paid or a certificate from the City stating that no tax, interest, or penalty is due under this Ordinance. If the purchaser of a business fails to withhold the purchase money as required by this Ordinance, he or she shall be personally liable for the payment of any taxes, interest and penalties accruing under this article and unpaid by any former owner or assignor. The personal liability of the purchaser in such a case shall not exceed the amount of the total purchase money, but the property being transferred shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the former owner. Paid executions may be transferred and enforced as otherwise provided by law. Section 9. Taxes; Extensions and returns, failure of innkeeper to make return and pay required taxes. (a)(1) The governing authority of the City may, for good cause, extend the time for making any returns required under this Ordinance for not more than thirty (30) days. (2) No extension granted pursuant to this subsection shall be valid unless granted in writing upon written application, and then the extension shall only be valid for a period, as appropriate, of not more than twelve (12) consecutive months or four (4) consecutive calendar quarters. (3) Upon the granting of any extension authorized by this subsection, the innkeeper shall remit to the City on or before the date the tax would otherwise become due without the grant of an extension an amount which equals not less than 100% of the innkeeper's payment for the corresponding period of the preceding tax year. (4) No interest or penalty shall be charge by reason of granting an extension pursuant to this subsection during the first ten (10) days of each extension period. Thereafter, interest shall be collected upon the unpaid balance of the innkeepers liability of the right rate specified by law. (b) In the event any innkeeper fails to make a return and pay the tax as provided in this article or makes a grossly incorrect return or a return that is false or fraudulent, the City, through the finance director, sha 1 make an estimate for the taxable period of taxable charges of the innkeeper. Based upon its estimate, the City shall assess and collect the taxes, interest and penalties as accrued on the basis of the assessments. Section 10. Records and books. (a) Each innkeeper required to make a return and pay any tax under this Ordinance shall keep and preserve: (1) Suitable records of the charges taxable under this Ordinance; and (2) Other books of account which are necessary to determine the amount of tax due. 1 1 (b) All books, invoices and other records required by this code section to be kept shall be open to examination at all reasonable hours by the City. Section 11. Assessments. Any assessment of an innkeeper by the City under this Ordinance shall be deemed prima facie correct. Section 12. Unpaid tax. The tax imposed by this Ordinance shall become delinquent for each month after the twentieth (20th) day of each succeeding month during which it remains unpaid. Section 13. Provisions applying to taxes. The provisions of O.C.G.A. M8-2-41 relating to authority to waive interest on unpaid taxes; Code M8-2-43, relating to authority to waive penalties; Code 848 -2-49 relating to periods of limitation for assessment of taxes shall apply to taxes imposed by the City pursuant to this Ordinance provided that the governing authority shall stand in lieu of the commissioner and the City shall stand in lieu of the state. Section 14. Penalties added to tax for failure to pay. (a) When any innkeeper fails to make any return or to pay the full amount of tax required by this Ordinance, there shall be imposed, in addition to other penalties provided by law, a penalty to be added to the tax in the amount of five (5 %) percent or Five dollars, whichever is greater, if the failure is for not more than thirty (30) days and an additional five (5 %) percent or Five dollars, whichever is greater, for each additional thirty days or fraction of thirty days during which the failure continues. The penalty for any single violation shall not exceed twenty -five percent (25 %) or Twenty -five dollars in the aggregate, which is greater. If the failure is due to providential cause shown to the satisfaction of the finance director in an affidavit form attached to the return and remittance is made within ten (10) days of the due date, the return may be accepted exclusive of penalties and interest. In the case of a false or fraudulent or failure to file a return where willful intent exists to defraud the City of any tax due under this ordinance, a penalty of fifty (50 %) percent of the tax due shall be assessed. (b) All civil penalties and interest added to any tax imposed under this ordinance and collected by the City shall be included as revenue derived from such tax for purposes of the expenditure requirements imposed on the City by state law. Section 15. Failure to collect taxes; punishment. (a) It shall be unlawful for any innkeeper to fail, neglect, or refuse to collect the tax provided in this article, either by himself or herself or through his or her agents or employees. 1 1 (b) In addition to the penalty of being liable for and paying the tax himself or herself, any person who violates subsection (a) of this Ordinance section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100 or imprisonment for not more than three months or both. Section 16. Unlawful returns; punishment. (a) It shall be unlawful for any innkeeper required by this ordinance to make, render, sign, or verify any return to make a false or fraudulent return with intent to evade the tax levied by this Ordinance. (b) Any person who violates subsection (a) of this Ordinance shall be guilty of a misdemeanor and, upon a conviction thereof, shall be punished by a fine of not less than $100, no more than $300, or confinement for not less than thirty (30) days nor more than three (3) months, or both fine and confinement. Section 17. Failure to furnish return; punishment. (a) It shall be unlawful for any innkeeper subject to this Ordinance to fail or refuse to furnish any return required to be made by this Ordinance or to fail or refuse to furnish a supplemental return or other data required by the City imposing a tax under this article. (b) Any person who violates subsection a of this code section shall be guilty of a misdemeanor. Section 18. Failure to keep and open records; punishment. (a) It shall be unlawful for any innkeeper subject to this Ordinance to fail to keep records or fail to open the records to inspection as required by law. (b) Any person who violates subsection (a) of this Ordinance section shall be guilty of a misdemeanor. Section 19. Other violations; punishment. (a) It shall be unlawful for any innkeeper to violate any other provisions of this Ordinance for which punishment is not otherwise provided. (b) Any person who violates subsection (a) of this Ordinance shall be guilty of a misdemeanor. Section 20. No Title. It is the intention of the governing body and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such 1 1 intention. ADOPTED THIS DAY OF , 2002. CLERK OF COUNCIL 1st Reading : 2nd Reading : Enacted : EMH\14536\ORDINANCE.H -M MAYOR Ior er W. Parker Council Walter Crawford, Mayor Pro Tem Clerk of Council .Richard Barrow Jacquelyn R. Brown Jason Buelterman James "Jimmy" Burke City Attorney Whitley Reynolds Edward M. Hughes Jack Youmans CITY OF TYBEE ISLAND City Manager April 9, 2002 To: Major Pro -tem Walter Crawford RE: Greenspace Grant (Austin Tract) In order to apply for monies with the Governor's Greenspace Grant Program which will be due by November 30, 2002 for the 2003 round, a preliminary Grant is available thru the Georgia Forestry lirmmission. These Grants are for defraying the cost of surveys, appraisals, engineering, title searches, d other legal work. The Grant amount is $20,000.00 with a local match of $20,000.00. These Grants must be submitted by .4344-19-,-2eo2. The cost to write the Grant will be approximately $800.00. Respectfully, Charlie Waggoner 1 P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 (912) 786 -4573 - FAX (912) 786 -5737 www.cityoftybee.org 1 1 RESOLUTION WHEREAS, the City of Tybee Island has pursued a grant for the preparation and construction of a municipal park; and WHEREAS, bids have been solicited for the construction of the park to be known as the Park of the Seven Flags; and WHEREAS, the bids have been responded to and it has been recommended that the City award the contract to the lowest responsible bidder NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Tybee Island duly assembled in open meeting that the Mayor and Clerk of Council are authorized to sign and attest, respectively, for the City of Tybee Island the necessary contract documents in order to proceed with the Park of the Seven Flags project. This �' day of lA , 2002. ATTEST: AC IN R. BROWN CLE " OF COUNCIL G: \COMMON\EMH\TYBEZ360\RESOLUTI 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, Wr4)le4- f qlt J , 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 /( day of A , 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 closed meeting or closed portion of the meeting held on the / f of , 2002, which was closed for the purpose(s) of / `1i s rrl %o6, V.—to p as 0 ,, ,� as allowed by O.C.G.A., 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 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 ___LL day of Y:}e,,P , 2002. Sworn to and subscribed before me this day of , 2002. Notary Public g: \common \emh \14536\affiday.02 Mayor/Presiding Officer