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HomeMy Public PortalAbout20030109CCMeeting1 1 1 @ @ITEM 2003 -01 -09 City Council Minutes Mayor Walter W. Parker called the January 9, 2003 Council meeting to order at 7 P.M. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City Attorney Edward Hughes and City Manager Bob Thomson were present. Mayor Parker asked Richard Barrow to give the invocation. The Pledge of Allegiance was recited. Mayor Parker said that Council would now hear from the public on the cable issue. Greg Fender, representing the City and Terry Robertson and Matt Rhaney, representing U.S. Cable were introduced. Thomson spoke on the cable act of 1984 stating the city has the opportunity to look at past performance and the future needs for Tybee Island such as upgrades, customer services, a governmental or public access channel. Thomson said the City has limited control. Don Johnson said this issue is exactly like last January when he presented the island wide survey results to Council. Johnson introduced Kathy Long who co- chaired the project with him. Johnson said 2,861 surveys were mailed out and 23% were returned and this is great. The responders have lived on Tybee for 14 years and have had cable for an average of 8 years. 36% responded that cable was good; 28% said fair and 36% wrote poor to unacceptable. 69% said the best was the billing and the payment. 60% wrote the cost per channel was the worst and 21% stated they are not willing to pay for extra channel. From April 97 to January 2001went up 54 Y2 %. Comcast with 75 channels costs $39.95 a month; U.S. Cable charges $41.80 for 42 channels. It was determined that the costs of the City offering cable were too high. Barrow questioned the reception. Crawford asked Johnson to share with all his suggestions. Johnson told Council the City could contract a satellite company and see what type of price break they would give if there were 500, 1,000 customers, the City could get a small fee from the company, this would also put the monkey on U.S. Cable's back to improve. Kathy Long said the survey shows that residents are dissatisfied with U.S. Cable. As Director of Public Information for the City of Savannah who oversees the franchises Kathy told Council that every time you negotiate you get more channels and services. Long volunteered to serve on a committee and she did tell Council that Comcast is interested in Tybee Island. Fender told the audience that the reason that Council is getting public input now when the franchise expires in 2005 is because they want to get ahead of the game; usually cities wait until a couple of months before expiration to look over contract. The 1984 Federal law sets procedures and the process once the operator request renewal of the franchise. Crawford asked Thomson if he has had any answer from U.S. Cable about broadcasting city meetings. Thomson answered no. Henry Levy said he has never been called back when he has made complaints; some channels have been out for a month or more. Freda Rutherford stated that her main concern is that we cannot get Channel 9, it comes and goes: Rutherford attended One -Ga Tech Conference — it talked about cable — fiber optic — computer and phone lines — DSL lines — wireless. Rutherford said not to limit your options. Robertson said he was here to offer the olive branch — the past has created animosity. Robertson told all that he has been here as regional manager since April and changes have been made — need to work on the agreement together — as a team — U.S. Cable supports businesses who in turn supports the community. Matt Rhaney the general manager said people love to hate cable and he agrees that they did not provide 1 1 good service in February — head ends do change — not all perfect — they only serve 55% of the island — dishes have hurt U.S. Cable — know what we have to do to save the company. Rhaney gave call out information — it costs $45.00 beginning to end for a callout — staring February 15th customers will get FOX News. Buelterman said that the request fro broadcasting meetings was made 6 or 7 months ago. Robertson said if the city shoots it then U.S. Cable will air it and he has not received the request. Crawford asked about the reception on the access channel 11 stating it was the worst. Robertson answered that they would take a look at it — we are trying to be proactive. Johnson said the most requested channel is ESPN II. Parker asked the audience if they make complaints direct it to the cable company but also send copy to City Hall. Muriel Lindsay announced that Hardy Jones will present a program on saving dolphins on January 17th at 7:30 P.M. with the cost of $25.00 a ticket. Lindsay said that she has donations that would cover the price of a ticket if someone would like to attend but could not afford to at this time. Dee Tsoulos told Council that Southern Smile is sponsoring adopt and send a care package to soldiers in Kuwait and he and his wife would like to volunteer to head up a project similar for Tybee Island with City Hall the collection point and every moth or so to pack up and send out. Parker asked Thomson to work with Dee and Lawanna. Crawford said he would like to take it one step further and appropriate $1,000 to get the ball rolling. Thomson will speck with Chief Price about Tybee Police doing something like the Chatham County Police for the soldiers. Henry Levy addressed Council on the Park of the 7 Flags. Levy urged the City to get going. Georgia DOT, H.G.B. & DEY and the police chief approved this project — it is a great investment — grants and donations are paying for this project. James Moore introduced himself as the new Skipper of the MRS and Chuck Eaton as the First Mate. The Proclamation to adopt Oceanside and Savannah Beach Nursing and Rehab Center was accepted. Mayor Parker opened, asked for comments and closed the following public hearing according to law. Dick Smith, Chairman of the Planning Commission presented all petitions to Council. Council member Crawford excused himself from his Council seat. Smith said this is a variance on the side yard setback for 3 1/2 feet for Crawford at 1216 Bay Street PIN 4- 21- 15 -16. Smith said this is to save a historic house. Planning Commission voted 5 to 3 in favor of granting the variance. Dee Tsoulos said he has no objections. No comment from Council. Smith presented the Site Plan for a triplex on Lot 316 Lighthouse Lane PIN 4- 20-5-12 for Hendry/Lightsey/Brantley. Smith informed Council that a setback variance was also requested and the Planning Commission voted to deny. Planning Commission voted 7 to 1 to accept the site plan. Youmans said that the 5 feet wanted would create a turn around or everyone. Smith said it is a private road and each structure will own 1/2 of the road. Crawford said he agrees with Youmans. Pam O'Brien spoke in opposition saying the 5 -foot variance would put the structure closer to her property line. O'Brien lives at #20 Naylor and no hardship was demonstrated. Diane Sikes said only the site plan was advertised for a public hearing. Parker asked Hughes if Council could consider the variance. Hughes answered it must be advertised. Crawford asked how something 1 1 requested from Planning Commission and Council does not come before Council. Hughes said that everything that is requested from Council should be advertised. Sikes said once the Planning Commission denied the request for the setback variance that the petitioners came back with new plans. Crawford said that he wants a procedural investigation on this issue. O'Brien said she is also concerns about storm water flow. Parker said the site plan request has been addressed and the city engineers approved the ditch. Youmans said that things coming before the Planning Commission are not coming before Council. Smith told Council that when Planning Commission denied variance that the petitioners asked that the request be dropped. Parker said then it should not have been in packet. Crawford agrees with Parker. A variance to the Shore Protection Act from Schwarz, #1 A 1l t' Place PIN 4 -7 -2- 19 for placement of o deck from the deck to the retaining wall. Smith said DNR has extended the permit and Planning Commission voted 6 to 2 in favor of granting variance. Tom DeWalt said he is the only unit that would be affected and it would restrict their access to the beach, devalue the property and it is a safety hazard — the deck would be used for grilling and cooking. Parker asked DeWalt if he could walk under the structure. DeWalt answered he has easement rights. Mrs. DeWalt handed out pictures. Smith said no one appeared to speak for or against at the Planning Commission meeting. DeWalt asked when the meeting took place. Sikes answered December 17, 2002. Michael Schwarz said he has a letter from DNR granting permission and did not have to come and request a variance — the easement is 3 feet and is pedestrian only — city is charged with protection the dunes — there has been a sign on the property for 4 weeks prior to the Planning Commission meeting — showed plans to neighbors — homeowners have reviewed. A front yard variance of 5 feet into the setback was requested by Coastal Living Design — typo error on agenda as it is in the back and is to accommodate handicap people. Planning Commission voted 6 to 2 to grant the variance. Mayor Parker opened the meeting for business legally presented. Crawford moved to appropriate $1000.00 from the contingency fund to use a seed money for Tybee to do what Southern Smile is doing for the military with Dee and Lawanna Tsoulos chairing, the city to provide space for storage. Both Burke and Barrow seconded. Vote by Council was unanimous. Buelterman moved to accept the December Council minutes as presented. Burke requested a correction by adding looking into a Downtown Development Authority. Crawford seconded. Vote by Council was unanimous. The Alcohol Beverage License renewals were next on the agenda. Dee Tsoulos spoke against issuing Huck -a -Poo's their license for 2003 stating that they are a public nuisance — cannot enjoy home on Solomon because of delivery dust, bonfires at night by the outside bar — loud music, shouting and cussing — it all disturbs sleep. Police are called, they come by, it stops and then when police leave it gets louder — it is a blight on the neighborhood and request Council to delay renewal until City Manager, neighbors and owners can meet. Also would like for City to check on the legal aspect of the outside bar. Parker announced that Council will be withholding several pending legal action. Burke asked the City Attorney to write some type of reprimand letter to the 9 listed tonight. Hughes said that Tybee does not hold public hearing on alcohol beverage like other cities do. Parker said maybe a warning letter after court appearance. Youmans 1 1 asked who arrested? Burke answered State of Georgia Revenue Dept. Youmans asked where they would go to court. Hughes answered at Tybee Municipal Court. Barrow asked if Council could have a record of the police calls to Huck -a- Poo's. Youmans said bonfires are illegal and the police should site. Burke moved to approve the petitioners not cited and to hold off on the others until after court appearance and to not issue Huck -a -Poo's at this time. Crawford asked to take Huck -a -Poo's out of motion. It was a unanimous vote by Council and Huck -a -Poo's was removed from list. Burke moves to not to renew Huck -a -Poo's at this time. Motion fails for lack of a second. Crawford said Huck -a -Poo's is a not neighborhood nuisance — commercial zone abuts residential — talk with owners of Tybee Oaks about some type of buffer. Crawford moved for the City manager to meet with Huck -a- Poo's, and the owners of Tybee Oaks and come to some type of resolution on this issue — buffer might be the answer. Burke seconded, and stated that they never honored what they requested to begin with from Council — neither did the owner of the property. Vote by Council was unanimous. Burke moved to approve the variance for Crawford at 1216 Bay Street. Reynolds seconded. Vote by Council was 5 in favor (Burke, Youmans, Reynolds, Buelterman and Barrow); 1 abstained (Crawford). Burke moved to approve the site plan for Lot 316 Lighthouse Lane for Hendry/Lightsey/Brantley. Crawford seconded. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Crawford moved to approve the Shore Protection variance request from Schwarz at 1 A 11th Place. Burke seconded. Barrow said it meets all requirements. Vote by Council was unanimous. Burke moved to approve the setback variance for Coastal Living Design at 26 Veteran Drive. Crawford seconded. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Burke moved to adopt GMEBS — Employee Benefits on its first reading. Crawford seconded. Vote by Council was unanimous. No action was taken on Community Communications, Inc. fro $4,027 publication. The book is in the Mayor's office and Council will stop by and look over it and a decision will be made at the January 23rd meeting. Burke moved for the city engineers do make a 25 -year Storm Water Management Plan. Reynolds and Crawford seconded. Vote by Council was unanimous. Buelterman announced that the water sewer committee will meet on February 4, 2003 at 7 P.M. to go over the CIP for this year. Burke asked that he second reading of the rate increase be postpones until we have a better plan. Youmans agrees with Burke in holding off on the ordinance and wait to see what Thomson proposes. Buelterman asked for a status report on the MSC lease. Hughes said it is the rent issue that is holding up the paper work, it got tied up in the budget process, but the 15 years is in place. Burke said there are two problems he has — kicked out the lifeguards and the rent that the city has to pay for the lifeguard trailer. Burke also stated that the city is looking at redesigning the parking lots and that the trailer might end up in the way so we should put the lifeguards back in the original building. Buelterman motioned that instead of money for the rent that MSC provide a service. Crawford seconded. Vote by Council was unanimous. Buelterman moved for Thomson, with Don Johnson get in touch 1 1 with satellite companies and see what they can offer by the 1st meeting in February. Burke seconded. Reynolds said he does not want to see staff time and money spent as he feels this will take time. Vote by Council was unanimous. Buelterman moved to adopt the resolution for the Rails to Trails. Crawford seconded. Vote by Council was unanimous. Crawford made the following motions directing and authorizing the City Manager with a vote from Council to 1. Drainage Task Force- identified areas — work with DPW utilizing private contractor to get these areas done. Reynolds seconded. Unanimous vote. 2. Park of 7 Flags — resolve as fast a possible and report back to Council. Burke seconded. Unanimous vote. Buelterman asked if the park could be shrunk? Parker said it would disrupt the whole thing. Buelterman made an amendment to the issue stating we move forward on the project but shrink it so there will be two -way traffic on Butler. Crawford accepted the amendment. Vote by Council was 4 in favor (Burke, Youmans, Crawford and Buelterman); 2 opposed (Whitley and Barrow). Thomson said the contractor will commence work in two weeks. 3. Gym — redraw plans — preliminary estimate back to Council in 30 days - Buelterman seconded. Reynolds said he did not see this happening in 30 days. Vote by Council unanimous. 4. Investigate Coastal Management funds to extend beach side crossovers where sand has covered — Parker already in the works — Burke seconded. Unanimous vote. Thomson presented the Annual Budget Section 3 -1 -2 stating no change from December meeting, but would like to take the balances from 2002 capital and put in the 2003 budget, it means from $75,000 to $150,000. addition to capital — also the fund balance is 5 times higher than recommended by GGFOA. Crawford moved to adopt on second reading. Burke seconded. Vote by Council was unanimous. Buelterman moved to adopt Section 6 -3 -3 Administrative Expense on its second reading. Reynolds seconded. Vote by Council unanimous. Crawford moved to adopt Section 8 -3 -090 Schedule of Development C -2 Setbacks on its second reading. Burke seconded. Vote by Council was 4 in favor (Burke, Youmans, Reynolds and Crawford); 2 opposed (Buelterman and Barrow). Thomson handed out a sheet with the SPLOST request for Tybee Island. Crawford moved to approve and adopt the list. Reynolds seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Burke asked that Meals and Wheels be investigated for Tybee — a steam table and a commercial refrigerator. Parker asked where the money would come from? Burke said contingency fund. Parker who will provide and deliver? Burke answered Senior Citizen Group. Barrow moved that we look into Meals and Meals. Crawford seconded. Vote by Council was unanimous. Burke requested that Thomson get in touch with Pat Rossiter and get a GED program on Tybee. Burke moved for a resolution for mutual aid like the fire protection we have with the City of Savannah. Crawford seconded. Vote by Council was unanimous. Burke said need to do what other beaches do and have a certified police officer on the beach as a lifeguard. Youmans asked about beach patrol. Thomson is to look into cost figures and report back to Council. Buelterman seconded. Unanimous vote by Council. Burke brought the issue of the Downtown Development Authority (DDA). Hughes said that the DDA was disbanded in 95. Hughes also said that Council could reactivate — it was a fmancial — took out revenue 1 bonds — DDA can set own millage rate. Burke said they can try to buy land on the island. Parker said they have more power than the Council. Burke said maybe that is not the way to go. Crawford said some type of quasi - governmental body. Burke requested that Thomson and Hughes check on Block Grants and report back in 30 days. Crawford seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Thomson announced that the SPLOST meeting with municipalities and Chatham will take place following Chatham County Commissioners meeting in the morning. Buelterman told Thomson to hold the line on MRS Funding. Burke moved to approve a 2 %% COLA for Employees beginning with the second pay periods in January. Crawford seconded. Vote by Council was unanimous. Crawford moved to spend up to $1,500 for an abstract for rails to trails north of Highway 80. Buelterman seconded. Vote by Council was unanimous. Thomson informed Council that the bill for $775.00 from Marlowe netted us $100,000 and maybe more. Council agreed to pay so that we won't get another $25.00 late charge. On the issue of an Internet/E -Mail policy Council said that was a City Managers' decision. Lifestyle Consulting Services for employee was the next issue. Hughes explained that minor changes are needed before executing the contract. Council agreed to hold off on the Chatham County Agreement Inmate Service Fee Reimbursement until next meeting. Burke moved to table Section 6 -3 -1 Residential/Commercial W /S/ tier rates until further information is made available by the water sewer committee. Crawford moved for executive session to discuss personnel. Buelterman seconded. Vote by Council was unanimous. Crawford moved to reconvene regular session. Reynolds seconded. Unanimous vote. Thomson mentioned the phone system approved by Council. He also mentioned the Comprehensive Master Plan. As there was no further business to come before Council Parker adjourned the meeting. Mayor Walter W. Parker PROCLAMATION Oceanside and Savannah Beach Nursing and Rehab Centers WHEREAS: The city of Tybee Island adopts Oceanside and Savannah Beach Nursing and Rehabilitation Centers to promote community volunteerism in 2003. WHEREAS: Oceanside and Savannah Beach Nursing and Rehabilitation Centers have accepted the responsibility for providing quality care and a quality of life for the elderly, frail, and disabled citizens of our community. WHEREAS: We salute our citizens now residing in Oceanside and Savannah Beach Nursing and Rehabilitation Centers, many of whom planted the seeds that made Tybee Island and Georgia grow and prosper. WHEREAS: Oceanside and Savannah Beach Nursing and Rehabilitation Centers provide specialized services to both young and old, offering rehabilitative, sub acute, personal, hospice and respite care. WHEREAS: Oceanside and Savannah Beach Nursing and Rehabilitation Centers are providing a host of activities in celebration of our residents in 2003 and invite all citizens of Tybee Island and the surrounding community to participate through volunteerism. WHEREAS: The citizens of Tybee Island and communities all around are encouraged to volunteer on regular basis at Oceanside and Savannah Beach facilities to benefit from the knowledge and experience of their staff, residents, family members, and other volunteers to promote community spirit. NOW, THEREFORE, I, Mayor Walter W. Parker, proclaim that the City of Tybee Island, its City Council and the citizens from surrounding communities adopt Oceanside and Savannah Beach Nursing and Rehabilitation Centers on this 9th day of January, 2003. Mayor Walter W. Parker 1 1 1 RESOLUTION WHEREAS, 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 duly elected governing authority of the City of Tybee Island, Georgia is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, welfare, and aesthetics of the citizens of the City of Tybee Island, Georgia; WHEREAS, the Department of Transportation is in the process of developing plans to four lane Highway 80 as it approaches City of Tybee Island, including the Lazaretto Creek Bridge; and WHEREAS, the area to the west of the City of Tybee Island located on the McQueens Island contains a bike trail which would be beneficial and attractive to the public if extended onto the City of Tybee Island; and WHEREAS, the City of Tybee Island would like to express its support for extension of the bike trail for reasons of public safety, health and the general welfare of the citizens of the City of Tybee Island as well as to promote tourism thereto; NOW THEREFORE BE IT RESOLVED BY the Mayor and Council of the City of Tybee Island duly assembled that the City of Tybee Island hereby expresses its support for the extension of the bike trail leading toward the City into the City and therefore request that the State of Georgia through the Department of Transportation extend the bike lane as a segregated lane when widening the highway and the Lazaretto Creek Bridge so that continuous bike travel along the trail to the City is possible in a safe manner. 1 1 1 This a day of VJ , 2003. ATTEST: g:\common\emh\14\14536\resol-hwy.80 MAYOR WALTER W. PARKER 1 1 1 City of Tybee Island Email and Internet Usage Policy A. General Principles. This statement sets forth the policy of the City of Tybee Island regarding access to and disclosure of electronic mail (E -mail) and other electronic records sent or received by employees, both internally and via the Internet. Internet and E -mail services are provided by the city to support open communications an exchange of information and the opportunity for collaborative government- related work. The city encourages the use of electronic communications by its employees. Although access to information and information technology is essential to the missions of government agencies and their users, use of Internet and E -mail services is a revocable privilege. Conformance with acceptable use, as expressed in this policy statement is required. Departments of the city are expected to maintain and enforce this policy. Internet and E -mail communications to and from city employees are presumed to be work related. City computers and any data stored in them are the property of the city, and may be accessed at any time by authorized officials of the city. Employees shall not expect privacy in the use of city computers. The city may, without notice, monitor Internet and/or E -mail to ensure it is being used only for business purposes. Employees are permitted limited use of e-mail, Internet and other technology resources for occasional brief personal needs if the use is incidental, involves no additional expense to the government, is performed on the employee's personal time, does not hinder or interfere with the mission, productivity, or operations of the City, and does not violate federal or state laws or the following provisions of this policy. A. At a minimum, users of Internet and E -mail services provided by the city are expected to: 1. Inform themselves of this acceptable use policy (including acceptable and unacceptable uses) of the Internet, and with E -mail used both internally to the city and externally to the world at large. The burden of responsibility is on the user to abide by the acceptable and unacceptable uses, or prior to use, to inquire about uses not cited. Compliance with applicable acceptance use restrictions is mandatory. 2. Use city provided Internet and E -mail services for city government - related activities and not for personal business. 3. Abide by the legal protection provided by copyright and license to programs and data. 4. Know and follow the generally accepted etiquette of the Internet. For example, use civil forms of communication when using E -mail and/or the Internet. 5. Avoid uses of the network that reflect poorly on their department or on the city. Statements on E- mail and/or the Internet should reflect the same language used in the presence of a department head or the city manager. 6. City Conflict of Interest Code and other existing and evolving rules, regulations, and guidelines on ethical behavior of government employees and the appropriate use of government resources apply to the use of electronic communications systems supplied by the city. VMMIUA My Documents\Email Polices\Policy_Internet and email use.doc 1 1 1 B. Specifically Acceptable Uses of the Internet and E -mail. 1. Communication and information exchange directly related to the mission, charter, or work tasks of the city department. 2. Communication and exchange for professional development to maintain currency of training or education, or to discuss issues related to the user's city research or programs. 3. Use in applying for or administering grants or contracts for the city's research or programs. 4. Use for advisory, standards, research, analysis, and professional society activities related to the user's city work tasks and duties. 5. Announcements of new city regulations, ordinances, procedures, policies, rules, services, programs, information, or activities. 6. Any other government administrative communications not requiring a high level of security. C. Specifically Unacceptable Uses of the Internet and E- mail. 1. Use the Internet and/or E -mail for any purpose, which violates a federal, state, or local law. 2. Use for any for -profit activities unless specific to the charter, mission, or duties or the city department. 3. Use for purposes not directly related to the mission, charter, or work tasks of the city department during normal business hours. 4. Use for private business, including commercial advertising. 5. Use for access to and distribution of: a) Patently offensive representations or descriptions of sexual acts, normal or perverted, actual or simulated. b) Material sent or received in violation of the Protection of Children Against Sexual Exploitation Act of 1977, as amended, 18 U.S.C. 2252. 6. Use for, access to and distribution of computer games that have no bearing on the department's mission. Some games that help teach, illustrate, train, or simulate agency - related issues may be acceptable upon approval of the Department Head. 7. Use city provided Internet and/or E -mail services so as to interfere with or disrupt network users, services, or equipment internally or externally. 8. Intentionally seek out information on, obtain copies of, or modify files and other data, which are confidential under federal, state, or local law, unless specifically authorized to do so once the legal conditions for release are satisfied. 9. No intentional copy is to be made of any software, electronic file, program or data using city provided Internet and/or E -mail services without a prior, good faith determination that such copying is, in fact, permissible. Any efforts to obtain permission should be adequately documented. Copyrighted materials include not only text, but also pictures, video and audio. VMM\U:\My Documents\Email Polices\Policy_Internet and email_use.doc 10. Intentionally seeking information on, obtaining copies of, or modifying files or data belonging to others without authorization of the file owner. Seeking passwords of others or the exchange of passwords is specifically prohibited. 11. Users intentionally representing themselves electronically as others, either on the city internal network or elsewhere on the Internet unless specifically authorized to do so by those other users. Users shall not circumvent established policies defining eligibility for access to information or systems. 12. Intentionally developing programs designed to harass other users or infiltrate a computer or computing system and/or damage or alter the software components of the same. 13. Use for fund raising or public relations activities not specifically related to city approved activities. All approved city fundraising must be specifically approved by the city manager. 14. Disciplinary action for improper or inappropriate use of the city computer hardware or software or communications systems and, specifically violations of this section of the 2-4 -10 Code of Ordinances of the City of Tybee Island. D. Additional Guidelines. 1. Computer Viruses on Downloaded Software. Any software obtained from outside the city government shall be virus checked prior to use. 2. Use by Contractors. Contractors and other non -city employees may be granted access to city provided Internet services at the discretion of the city Manager. Acknowledgment of Receipt I hereby acknowledge that I have received a copy of the City of Tybee Island Policy for the Use of E- mail/Internet. I understand that all e-mail communications systems and all information transmitted by, received from or stored in the City's computer system are the property of the City. I have no expectation of privacy in connection with the use of this equipment or with the transmission, receipt, or storage of the information in this equipment. I agree not to use a code, access a file, or retrieve any stored communications unless authorized to do so. I acknowledge and consent to the City monitoring my e- mail/Internet at any time as provided by the above - referenced e-mail policy. Such monitoring may include printing and reading all electronic mail entering, leaving, or stored on City of Tybee Island equipment. I have read and I understand all the provisions specified in this policy. Name: Date: VMM \U:\My Documents\Email Polices\Policy_Internet and email_use.doc 1 LIFESTYLE CONSULTING SERVICES O 7370 HODGSON MEMORIAL DRIVE I- SUITE E -11 SAVANNAH, GA 31406 (912) 351 -0307 LIFE City of Tybee Island 401 Butler Avenue Tybee Island, GA 31328 Invoice No.: 123102 Invoice Date: 12/19/02 Invoice Amt: $ 2,046.12 Account No.: 1008 I Date Service Provided Quantity I Charge 12/19/02 Employee Assistance Program Services Services from January 1, 2003 - December 31, 2003 Annual $ 2,046.12 $ 2,046.12 Please remit to: LifeStyle Consulting Services, LLC Accounts Receivable 7370 Hodgson Memorial Dr, Suite E -11 Savannah, GA 31406 1 1 1 Agreement Between City of Tybee Island, Georgia LifeStyle Consulting Services, LLC. This agreement made and entered into this (January 1, 2003), between the City of Tybee Island hereinafter to as " Tybee" and LifeStyle Consulting Services, LLC, Hereinafter to as " LifeStyle." Whereas, Tybee wishes to provide employees and their dependent family members with an Employee Assistance Program (EAP). Whereas, LifeStyle wishes to provide this program for the said employees and their dependent family members of Tybee. Now, thereof, Tybee and LifeStyle do hereby mutually agree to the following: I. LifeStyle will administer the Employee Assistance Program to the employees of Tybee and their dependent families who have personal problems. These problems may include but are not limited to alcoholism, drug abuse, marital/family problems, financial difficulties, emotional problems or stress related to legal difficulties. II. LifeStyle will provide the following specific services on behalf of Tybee. A. Develop and effect the EAP policy and procedures throughout Tybee. B. Assist those employees and their dependent family members who are self - referred, as well as those who are performance or dependability related supervisor referred. The referrals will be assisted in identifying their problem(s) and either provided with short-term counseling (up to six visits locally) or referred to an appropriate outside agency for assistance. C. Train Tybee supervisors, in a central location, to objectively identify troubled employees. LifeStyle will provide training manuals for this purpose, up to 50 (free of charge). Standard travel costs associated with training requests outside Chatham, Effingham, Bryan and Liberty counties shall be reimbursed by Tybee. D. Provide consultation services for managers. E. Provide Critical Incident Stress Debriefing (CISD) by clinician with training in traumatic stress (1 clinician for 2 hours per year). Additional debriefing fee of 90 dollars per hour thereafter. F. Adhere to federal confidentiality guidelines concerning treatment of Tybee employees and their dependent family members via EAP. G. Provide the necessary follow -up and aftercare of the employee and/or dependent 1 1 Agreement Between City of Tybee Island, Georgia LifeStyle Consulting Services, LLC. family member(s). H. Supply initial and on-going promotional material designed to educate employees and encourage participation in their EAP. I. Facilitate two educational seminars per year. Additional training is available at $100.00 per hour. J. LifeStyle will maintain facilities for the purposes of performing assessments and referrals under the EAP. The counselor on call shall be available to Tybee employees and their dependent family members through a toll -free telephone number 24 hours a day, 7 days a week. Facilities will be staffed by competent, fully qualified intake specialists, clinicians, and case managers. EAP services are normally provided during regular office hours, 8 a.m. and 6 p.m.; however, special accommodations are available based on individual circumstances. K. Evaluations of the program's utilization and effectiveness will be provided to Tybee on a quarterly basis. L. Maintain required licenses and liability insurance coverage— LifeStyle will notify Tybee of any changes. TYBEE: I. Agrees to promote LifeStyle as their provider of comprehensive EAP services. II. Assist in publicizing the EAP through the distribution of promotional materials. PROGRAM COSTS AND CONSIDERATIONS: The above services would be provided by LifeStyle to Tybee at the Savannah Business Group/PHR special rate. This is based on a two -year contract with the following provisions: 1. Cost Per Employee Per Month: 1— 3 Model 1- 6 Model 1 -9 Model 25— 99 Employees $2.44 $2.82 $3.08 Therefore: The six session model = $2.89 per employee per year = $2.89 X 59 employees X 12 mos/year = $2,046.12/year 1 1 1 Agreement Between City of Tybee Island, Georgia LifeStyle Consulting Services, LLC. 2. The two -year contract price is guaranteed. Subsequent contract years may include a maximum increase of 8% based on utilization of 7.5% or more and the agreement of both parties. 3. Training costs associated with training requests outside the Chatham, Bryan, Effingham, or Liberty county area is the responsibility of Tybee. 4. Additional training sessions on current work/life topics at 100.00 per hour. TERMINATION: Term The term of this agreement shall be two (2) years. The agreement is automatically renewable based on the agreement of both parties unless either party gives at least sixty (60) days written notice to the other of it election to not renew at the end of the initial or extension term. II. Termination Due to Uncured Material Breach Either party may terminate this agreement by written notice to the other party, effective immediately, if such other party materially breaches this agreement and fails to cure the breach with thirty (30) days after written notice. INDEMNIFICATION: A. Tybee Indemnification — Tybee shall indemnify LifeStyle against and shall hold LifeStyle harmless from any and all claims, injuries, damages, liabilities, causes of action, judgments or costs incurred by LifeStyle, including court costs and reasonable attomey's fees, arising out of or in connection with the negligent acts and omissions, or willful misconduct, of Tybee, its officers, agents, and employees, in connection with this agreement. B. LifeStyle Indemnification— LifeStyle shall indemnify Tybee against and shall hold Tybee harmless from any and all claims, injuries, damages, liabilities, cause of action judgments or costs incurred by Tybee, including court costs and reasonable attorney's fees, arising out of or in connection with the negligent acts and omissions, or willful misconduct, of LifeStyle, its offices, agents, and employees, in connection with this agreement. 1 1 Agreement Between City of Tybee Island, Georgia LifeStyle Consulting Services, LLC. GENERAL PROVISIONS: I. Entire Agreement This Agreement contains the entire agreement between LifeStyle and Tybee. II. Amendment This Agreement may be amended only by a written agreement signed by both parties. City of Tybee Island Butler Avenue Tybee Island, GA 31406 LifeStyle Consulting Services, LLC 7370 Hodgson Memorial Drive Suite E -11 Savannah, GA 31406 TO WITNESS THIS AGREEMENT, TYBEE and LIFESTYLE have each caused their authorized representative to sign below. CITY OF TYBEE ISLAND, GA by: Name: Title: LIFESTYLE CONSULTING SERVICES, LLC By: Name: Title: 414c W,_,Claity z 3 -090 JOY ORDINANCE NO. It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybeelsland Code of Ordinances, Title 8 Land Development Code, Article 3General Provisions, Section(s)090 Schedule of Development (B) Schedule of Commercial District dimensional requirements, be amended to read as follows: Section 1. Section 3 -090 is hereby amended to read as follows 3 -090 SCHEDULE OF DEVELOPMENT REGULATIONS A. Schedule of residential district dimensional requirements. Zoning Districts Minimum Lot area (sq.ft.) Minimum yard Setback Distance Maximum Structure Height Limits - Single Family Two Family Multi- Family Front Rear Side - 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 Permited 20 10 10 35 MD 4,500 6,750 20 10 10 35 C -MD - - 8,000 Buildable to 80% of the Property 20 10 10 35 RT 7,000 8,000 8,000 Buildable to 80% of the 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 20 (twenty) feet between the closest points of the completed dwelling units. Further, all other setback requirements 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 street as such lot, is less than the minimum setback required in such zoning district, the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots with two hundred (200) feet, 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. (2002 -6; 4/11/2002) B. Schedule of commercial district dimensional requirements. * * ** Page 1 of 3 3 -090 JOY ** *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 -I(B) 8 6 5 35 C -1(C) 20 10 10 35 C-2 .186 35 MD 20 10 10 35 TBR 20 10 10 35 (ORD. 1995-17; 12/7/95)(Ord. 2003 -01; 01/9/2003) ( *)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 man-made 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 - family (Triplexes, Quadraplexes, Townhomes, Apartments, Tourist Homes, Condominiums, Timeshares, and Similar uses), Bed & Breakfast uses, and Public Structures. * ** *Article 4.2.24 Fire Prevention code applies to all districts. See 4 -2 -24 for requirements for all structures closer than 10 feet (measured from closest point of structure) from property lines and multiple buildings on a single lot. C. Buildings above 35 feet. If a variance is granted by Mayor and Council for a building with a height in excess of thirty-five (35) feet, in no event shall a building permit be granted without the following restrictions. 1. Structures greater than thirty-five (35) fet in height shall be fully equipped with fire Safe Guards consisting of sprinkler systems, Smoke Detectors and any other fire protection measures deemed necessary at the time by the Mayor and council. 2. Before a permit can be granted on said request, and affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. Ord. 1990-09; 04/22/99)(Ord. 2000 -12 -, Amended, 2/11/00) 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 Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker ' is rown, Clerk of Council st Reading: Page 2 of 3 1 3 -1 -2 Annual Budget 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 Finance and taxation, Chapter 1 Financial Administration, Section 2 Annual Budget; appropriations Ordinances, be amended to read as follows: Section 1. Section 3 -1 -2 is hereby amended to read as follows 3 -1 -2 Annual Budget; Appropriations Ordinance. (a) An annual budget and appropriations ordinance shall be adopted by the mayor and council prior to the first day of the fiscal year, provided if such budget and appropriations ordinance is not adopted, the previous year's budget and appropriations ordinance shall continue as the budget for the ensuing fiscal year and until the new budget and appropriations ordinance is adopted. (b) The budget as adopted shall be a balanced budget with anticipated revenues equal to appropriated expenditures.(ORD. 1994- 01)(Ord. No. 1994 -01, Revised, 01/13/94) (c) It is hereby ordained by the governing authority of the City of Tybee Island that the fiscal operating budget for the year 2002 be adopted to read as follows: Whereas, The City of Tybee Island operates on a fiscal year beginning on January 1st and ending on December 31st of each succeeding year; and Whereas, The State of Georgia, in the Official Code of Georgia, Section 36 -81 -7, provides for the submission of the City's proposed budget to the public; and Whereas, in obedience to the Georgia Code, the FY 2002 budget has been submitted to the Tybee Island City Council; and Whereas, on November -1-5th-14th, a public hearing on the budget was held before the Mayor and Council in Open Meeting; and Whereas, the public was informed in a manner proscribed by law of the availability of the budget for inspection both in the office of the Clerk of Council during regular business hours of the City and at the Tybee Island Branch of the CEL Library during their normal hours: Now, therefore, be it resolved, and it is hereby resolved by the Mayor and Council of the City of Tybee Island, Georgia, in open meeting assembled, the the aforesaid budget for FY 2002 is herby adopted as ordained by the State of Georgia as follows: Operational Budget Revenue General Fund $5,888,781 Water Sewer $1,642,200 $4.714,167; $1,480,388 Fund 3 1998 SPLOST $930,000 $605,000 Expenditures General Fund $5,115,561 Water Sewer $1,261,200 $4,714,167 $1,300,587 Fund 3 SPLOST $ -0- (ORD. 2000 -26; 12 /14 /00)(ORD. 2001 -26; 12/13/01)(2003 - 02;1//9/2003) The working papers detailing the sources of revenues and the appropriation thereof are hereby incorporate herein and shall be kept with the minutes of this meeting. Capital Budget Page 1 of 2 3 -1 -2 Annual Budget Revenue General Fund $08$475,000 (from prior year SPLOST accruals) Water /Sewer $:08$250.00.0 ....... ............................... Fund 3 1998 SPLOST $ G8 $605, 0 (1" 2003 proceeds) Expenditures Genial Fund $473,220 Water Sewer $3000 Fund 3 SPLOST $930700 (ORD. 2000 -26; 12 /14 /00)(ORD. 2001 -26; 12 /13 /01)(Ord. 2003 - 02;1 -9 -2003) 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 9th day of January , 2003 Mayor Walter W. Parker st Reading: 12/12/2002 2nd Reading: 1/9/2003 Enacted: 1/9/2003 Page 2 of 2 LQ4e0OV 4VV4 1 (:31 71443041V! 4ALLAWAI ,biAUN,AIJLLtili- 4a11."55(_'.c #Li4�2 P.C)U4tC06 AMENDMENT TO ORDINANCE § It is hereby ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section 6 -3 -1 amended so as to add the following section 6 -3 -3 6-3-3 Administrative Expense There is hereby imposed a transfer /administrative fee of $35.00 for water and sewer accounts when service is transferred from one account into the account of another or into a new account name. ADOPTED THIS DAY OF , 2002. ATTEST: MAYOR FIRST READING: SECOND READING: ENACTED: GACOMMONtEMH \145361QRDINAMOZADMIN,EXP 2003 SPLOST REQUESTS Assumes last percentage of 2.08 %, which will equal $5,200,000 For 1/2 percent more (2.58 %), proceeds equal $6,450,000 Drainage projects: $750,000 North Beach area $200,000 Jones Avenue $350,000 Drainage Maintenance $200,000 Police facility $500,000 Bike Paths $150,000 Marine Rescue Squadron $100,000 Beach $1,000,000 Fort, Guard House $ 600,000 Marine Science Center $ 600,000 Fort Area W/S Improvements $400,000 Roads, Sidewalks $400,000 Playground, Tennis courts $ 200,000 Other Capital (CIP) $500,000 $5,2000,000 i 1 CITY OF TYBEE ISLAND ) COUNTY OF CHATHAM ) AGREEMENT This Agreement, made and entered into this GI '- day o 2003 by the City of Tybee Island, Georgia, hereinafter ( "the City") and Otis Bizzard, ce t finisher, hereinafter ( "the Contractor"). WITNESSETH WHEREAS, the City is a municipal corporation under Georgia law authorized to provide adequate sidewalks to citizens and is desirous of improving the quality of existing sidewalks; and WHEREAS, Otis Bizzard is the lowest bidder on the desired repairs to the existing sidewalks located on Tybrisia Street and Strand Avenue; and NOW THEREFORE in consideration of the mutual covenants and conditions herein contained, the City and Otis Bizzard, intending to be legally bound, hereby covenant and agree as follows: 1. The contractor agrees to remove the damaged sidewalk and replace it for a price of $4,750.00. 2. USE OF CITY PROPERTY: The City agrees to provide "MEN WORKING" signs to let the public know that the work is going on and to proceed with caution. 3. RIGHT TO TERMINATE: The City and contractor agree that either party may terminate this agreement for any reason, or for no reason, upon giving the other party 30 days written notice of the termination. 4. ENTIRE AGREEMENT: This agreement contained herein shall represent the entire agreement made between the parties and it is understood and agreed that no subsequent alteration, amendment, change, addition or modification to this agreement shall be binding upon the City or contractor unless reduced to writing by them and by direct reference made thereby and made a part hereof. IN WITNESS WHEREOF the City has hereunto set its hand and seal and Otis Bizzard has caused this agreement to be executed all on the day and year first above written. Signed, sealed and delivered In the presence of: SS BY: CITY OF TYBEE ISLAND GEORGIA ATTEST: YOR WAL R W. PARKER NO{ TARY' Signed, sealed and delivered in the presence of: WITNESS NOTARY BROWN, CLERK OF COUNCIL (SEAL) OTIS BT72ARD, CEMENT FINISHING BY: OTIS BIZZARD 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 14-00' P t 4,.r , 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 g day ofk- l , 20 (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 `I ofs1C011, 2002, which was closed for the purpose(s) ofgECSomtel -. 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. (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 day of <,./A x.) , 20 Sworn to and subscribed before me this 9 day of , 200.3 g: \common \emh\14536\affiday.02 / • Mayor/Presiding Officer 1 Jar-)q- OS Alcoholic Beverage License Renewals 1. The Grill Beachside 2. American Legion 3. Chu's Package /102/103 4. Bubba Gumbo's 5. D.J.'s Lounge Piano 6. Sugar Shack 7. Skipper's on the Beach 8. Texaco Food Mart 9. Chu's Convenience Mart 10. MacElwee's 11. Rascal's Beachside 12. Tybee Tavern & Rest. 13. Huc -a -Poo's 14. Crabby's "at the beach" 15. Sting Ray's 404 Butler #10 Veteran's Dr 3 Locations 1 Hwy 80 1513 Butler 201 First St 1508 Butler 1315 Butler 725 1st Street 101 Lovell 1518 Butler 1517 Butler 1213 Hwy 80 1311 Butler 1403 Butler 16. Resourceful Innovation Property DBA Tango 1106 Hwy 80 East 17. Dolphin Watch Shipstore # 1 -C Old U.S. 80 18. Hunter House 1701 Butler Ave Announcement and Meeting Clifford Meads Gene Kindrick Mola Jung A Paul Burns A Deborah Johnson Mary Grosse /9 Charles Vonashek Rajendra Patel A John Hubert — Michael Coffey ti Herbert Hubbard No J.-6 M/ I "ants i "Z5s Rose Brown / Eric Thomas — Sabrina Spiva FJ Raymond Rogers Timothy B Savell Sandra Lane Wolff 19 John Hunter ft