HomeMy Public PortalAbout20030313CCMeeting@ @ITEM 2003 -03 -13 City Council Minutes
Mayor Walter W. Parker called the March 13, 2003 Council meeting to order at 7
P.M. The following members of Council wee present: James Burke, Jack Youmans,
Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City
Manager Bob Thomson and City Attorney Edward Hughes were in attendance to offer
guidance to the Council.
Dick Smith gave the invocation. The Pledge of Allegiance was recited by all.
Mayor Parker said it was an honor to have the Chairman of the Chatham County
Commission with us tonight and introduced Billy Hair. Cullen Chamber, Director of the
Tybee Island Lighthouse/Museum came forward and presented Hair with a framed
picture of the stamp that is to be release from the U.S. Post Office on June 13th. Chamber
said Hair really went to bat for the citizens and organizations on Tybee in the
negotiations for the SPLOST. Chambers said Hair was a beacon in the sea of hope.
Hair said he appreciates the kind words and told the audience that Barrow had told him
he was to address Council on the issue of the pier. Hair commended the Mayor and
Council for attending all the meetings and following the advice given; they stepped up to
the plate and are the real heroes for Tybee.
Mayor Parker requested that the visitors keep their remarks to 3 minutes as we
have a fairly long agenda.
Nathan Fuller announced that his father is out of town and would request that
comments be put off until a later date.
Dr Owen requested an amendment to the beach rule ordinance to allow the
renting of surfboards on the beach. Hughes answered that surfboard rentals have never
been allowed on the beach and last year the ordinance was amended to set specific areas
for rental of beach equipment. Owen asked that Council consider 10th Street to 12th
Street as an area to rent the surfboards. Burke said he does not believe that Owens needs
a permit. Parker said that area is a popular bathing spot. Owen said they could rent the
boards and then walk down to south of 17th Street to surf. Youmans remarked that he has
no problem with surfboard in the designated area but that people have been hurt badly
before by getting hit by surfboards. Buelterman said he would like to have the Chiefs'
thoughts on this issue. Parker asked Thomson if he has spoken with the Chief of Police.
Thomson answered no, just to Dr. Owens. Burke suggested a meeting to work this out.
Parker said to have suggestions from the Chief by the next meeting.
Jim Marsh requested a special temporary permit to sell T- shirts at the St. Patrick's
Day parade on March 15th, no carts, just he and his sons walking the route. Hughes said
that Tybee does not allow vendors on the streets. Parker said maybe at a given location.
Crawford real Section 3 -2 -72 Regulatory Licenses - $25.00 a day fee. Hughes said he
wished he had known this was coming before Council. Crawford said the ordinances are
in conflict with each other. Parker told council the $25.00 a day is usually in
conjunction with a festival at a set location. Bargeron said that the Mayor is correct and
that this started with the Beach Volleyball bid for the Olympic site. Crawford said that
there was a problem last July 4th the boat races. Crawford said Council needs to give
clear directions to the City Manager in order for him to handle in the future. Burke said
if this was part of the parade committee it would not be a problem. Parker said do not set
a precedent. Youmans announced that this issue should come before Council, it is their
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fideliteaf.Clionailans reminded Council that they had problems with the past 2 City
Managers about authority.
Curtis Hanks requested a temporary certificate of occupancy for # 11 18th Street.
Hanks told council he came before them and requested a height variance for this property
a few months back, this house was built in the early 40's. Hanks said he has fmished all
the restorations except tearing off the section of the roof. He understands that Council
has appointed a committee to look at problems with historic houses in conflict with the
ordinances. Barrow asked the time frame. Hanks said he has spoke with the Chair of the
committee. Youmans said Council approved the variance to raise the house with the
stipulation that the section of the roof over the 35 feet height limit be removed. Reynolds
said Savannah issues temporary C.O.s' as long as it is not a health or safety issue. A 90
day certificate was discussed.
Kathy Burke addressed Council on the subject of offering a GED class on Tybee.
Burke said she works with the Royce Leaning Center, which is a non -profit organization
and they have a program called Project Read in which a person is tutored one on one by
volunteers.
Teresa Concannon, RDC, explained the three issues coming before council
concerning the Solid Waste Short Term Work Program that is mandated by the State.
This is the second advertised public hearing, a resolution is on the agenda for adoption in
order for RDC to go forward and set up a review through DCA, and the third item is the
appointment of a committee to study the Comprehensive Master Plan and bring it up to
date. Reynolds said he would like to see education about recycling, training sessions of
some type, a map to the recycling center and a step -by -step plan. Concannon said that
the City could possibility use interns for this project on education.
Dodi Gay, Enviro Assets, handed out an information document with steps that
Tybee can take to reduce expenses. Gay said she has met with the City Manager, the
Public Works and the Water Sewer Directors to gather the information presented to
Council. Gay stated she has a contract with Tybee but so far all the work has been pro
bono.
Mayor Parker opened, asked for comments and closed the following public
hearings.
Theresa Concannon presented the hearing on Solid Waste — there were no
comments. Crawford, Youmans and Burke said that they would like to review the
document before voting on it. The document in question has been at City Hall and in
council boxes since last Friday. Concannon said all she is asking is for Council to pass
the resolution in order to go forward with the process, which must be complete by the end
of June.
Chairman of the Planning Commission presented the petitions to Council:
1. A 2 1/2 foot rear setback variance for 301 Butler Avenue — Richard Barrow — PIN
4- 4- 19 -1A. A lengthily discussion took place on the issue of stairs in the
setbacks. The City Clerk read a letter from Shell Solomon, adjacent property
owner, stating he has no objections to the variance. Smith said Barrow will have 7
1/2 feet from the lot line to his house. Youmans said if Council were to pass an
amendment to the Land Development Code allowing stairs in the setback then
Council would not have to hear petitions for variances. Smith stated the Planning
Commission has studied the request and the vote was unanimous to leave as it is
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now. Crawford said he appreciates Youmans comments during discussion and he
understands concerns and he has no problem putting teeth into the ordinance,
Council has never turned down a variance request for stairs in the setback, Tybee
has small lots, and he would appreciate it if the Planning commission would
continue to study the issue of stairs in the setback.
2. A 10 foot front yard setback variance for Lot F Wilson Avenue — Brown — PIN 4-
2 -3 -11. The lot is an unusual shaped lot. Wilson Avenue is listed as a right of
way which is 9.67 feet in width and it is not known if this is a City owned right of
way or not. The zoning is R -T, substandard lot of record. Planning commission
voted unanimous to approve the variance.
3. A variance to elevate and relocate a non - conforming structure at 1315 Jones
Avenue — Fuller — PIN 4- 7 -12 -1. This is a single family home in the R 2 zoning
district. No more encroachment that it is now. Will add 2 screen porches. Parker
asked if this was to square off house and will it be enclosed or open deck area.
Smith answered open and this will bring the house into FEMA compliance.
Mayor Parker opened the meeting for business legally presented to Council.
Crawford moved to approve the variance for 301 Butler Avenue. Burke seconded.
Vote by Council was 5 in favor. Barrow removed himself from the Council table and left
the chamber.
Crawford moved to approve the setback variance for Brown Lot F Wilson
Avenue. Burke seconded. Vote by Council was 4 in favor (Burke, Youmans, Crawford
and Buelterman) 1 abstained (Reynolds). Barrow out of the room.
Crawford moved to approve the variance for continued non - conforming use for
Fuller at 1315 Jones Avenue. Buelterman seconded. Vote by Council was 5 in favor.
Barrow out of the room.
Burke moved to adopt the Solid Waste STWP Resolution. Crawford seconded.
Youmans asked if this bound the Council in any way. Parker said no, just allows us to go
forward with the plan. Vote by Council was unanimous.
Buelterman moved to accept the minutes with corrections. Crawford seconded. To
delete the line "Crawford asked if this included the drainage ditch and McCusker
answered yes ". Vote by council was unanimous.
Crawford moved to approve a temporary C.O. for Curtis Hanks for 90 days.
Reynolds seconded. Burke stated he does not think they need this — committee won't
get formed and Hanks needs to do what Council said about removing the roof. Crawford
said he wants to be on record as in favor of saving as many historic structures as possible
and by granting the temporary C.O. does not change Councils vote in any way. This will
give 90 days to come up with suggestions. Youmans said that this part of the structure is
not historic. Burke stated that Council will not vote to go over the 35 foot height limit.
Reynolds said the bottom is legal and the top is not. If this brings it into compliance with
FEMA then it is well worth looking into. Parker said need to look at each request
individually. Barrow said 90 days will not be long enough — 6 months more like it.
Hughes said this would take a zoning text amendment. Crawford said he agrees with all
and that at the end of 90 days Council could elect to extend another 90 days. Youmans
said even if committee comes up with ideas and suggestion it will not help this man as
this portion of the structure is an add on and would not be considered historic.
Buelterman asked if this committee would recommend over the 35 foot height limit for
historic houses. Crawford answered that you are assuming. Barrow said it might be an
added on portion. Vote by Council for the 90 day temporary C.O. was 4 in favor
(Reynolds, Crawford, Buelterman and Barrow) 2 Opposed (Burke and Youmans).
On the temporary vendor request Hughes read from ordinance that city manager can
make this decision.
Crawford moved to approve the alcohol beverage license for beer and wine for
the Blue Sky Cafe at 15 A Tybrisa in the name of Susann Bentley. Reynolds seconded.
Vote by Council was unanimous.
Buelterman recommended Paul Wolff, Bonnie Gaster and Mallory Pearce to serve
on the Green Space Committee. Crawford seconded and then withdrew his second.
Buelterman told Council that they need to put their politic aside and do what is for the
best for the City. Council members will bring names to the March 27th meeting.
On the issue of the Comprehensive Master plan Committee Parker said the Planning
Commission is usually the base of this committee — bring other names to the March 27th
meeting of those who you would like to see serve.
Also bring names of citizens who you know would like to serve on the Historic
Restoration Problem Committee. Gaster is the chair.
Crawford recommends that the Planning Commission continue to study the
issue of stairs in the setbacks.
Crawford discussed Charter Section 100.2.21 Quorum; Voting stating that it
only takes 3 members of Council to constitute a quorum at this time. Hughes explained
that any meeting of Council must be advertised and all members must be notified and that
as long as he has been the attorney this has never happened where only 3 members
showed up for a meeting. Burke said for a public meeting you must notify the media,
notice to Tybee News — legal organ. Hughes said Savannah Morning News is the legal
organ. Crawford said it just seems odd to him. Youmans said leave as it is.
Hughes informed Council that he has the legal documents to sign for the selling
of city owned property to the Tsoulos. Burke moved for signature. Barrow seconded.
Vote by council was unanimous.
Under City Manager reports the 14th 16th Streets drainage is State Funded — turn
around time is 10 days after plans are submitted and approved by DNR. This project will
be done in house by DPW. Project will begin within one week after approval.
Buelterman asked Thomson to investigate a senior citizens exemption for the water rate
tier system. Barrow asked about the Finance Director? Thomson said he is close to a
decision. SPLOST — Specific money amounts are attached to the projects.
Buelterman said that the Beautification Committee would like to use 1/Z of the
billboard donated to the City by Charlie Masterpolis on Highway 80. Burke said he
understands that the City has purchased a portable sign. Thomson said it is in the process
of being purchased. Burke moved to allow Beautification committee use of the billboard
sign. Barrow seconded. Vote by council was unanimous.
As there was no further business to come before Council parker adjourned the
meeting.
Mayor Walter W. Parker
CITY OF TYBEE ISLAND
RESOLUTION OF SUBMITTAL
WHEREAS, the City of Tybee Island has completed a Five Year Short Term Work
Program for the period 2003 to 2007.
WHEREAS, this Five Year Short Term Work Program was prepared in accordance with
the Minimum Planning Standards and Procedures for Solid Waste Planning established
by the Georgia Solid Waste Management Act of 1990, and Public Hearings were held on
December 12, 2002 at 7 p.m. and March 1312003 at 7 p.m. at Tybee Island City Hall.
BE IT THEREFORE RESOLVED, that the Tybee Island City Council does hereby
submit the 2003 - 2007 Short Term Work Program to the Coastal Georgia Regional
Development Center for Regional review, as per the requirements of the Georgia Solid
Waste Management Act of 1990.
Adopted this 13 day of March, 2003.
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Early Retirement Open Window
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 Government and
Administration, Chapter 4 Personnel, Section 51 , be amended to read as follows:
Section 1. Section 2 -4 -51 is hereby amended to read as follows
2 -4-51 Retirement Plan
An Ordinance to amend an Ordinance approved May 1, 1987, as amended, establishing a retirement
plan for the employees of the City of Tybee Island, Georgia, and setting forth the joint trusts agreement
and the contract for the administration of said plan by the City and the Georgia Municipal Employees
Benefit System as provided by O.C.G.A. Section 47 -5 -1 et seq., so as to change and clarify the definition
of Credited Past Service; to change and clarify the definition of Credited future Service; to change and
clarify the definition Earnings; to clarify the definition of Annual Earnings; to clarify the definition of
Vesting, Vested Right, Vested Benefit, to clarify the defmition of Disability; to change and clarify the
definition of Disability Retirement Date; to change and clarify ineligible employees; to allow credit for
military service for reemployed employees; to cap the amount of earnings to be taken into account for
benefit computation in accordance with Internal Revenue Code Section 401 [a] [17]; to require
limitations on annual benefits a participant can receive in accordance with Internal Revenue code Section
415 [b]; to change certain provisions pertaining to optional forms of retirement income; to provide lump
sum distributions for small annuities in accordance with Internal Revenue code Section 417[e]; to change
and clarify interest in event of plan termination of lump sum distribution; to change and clarify the
provisions pertaining to portability; to remove time constraints from application for benefits; to change
and clarify the provisions pertaining to errors in computation; to change "Joint Municipal Employees
Benefit System; and "JMEBS" to "Georgia Municipal Employees Benefit System" and "GMEBS"; to
provide an effective date; to repeal conflicting ordinances; and for other purposes.
Be it ordained by the Mayor and Council of the City of Tybee Island, Georgia, and it is hereby
ordained by the authority thereof:
An Ordinance establishing a retirement plan for the employees of the City of Tybee island, Georgia,
and setting forth the joint trust agreement and the contract for the administration
of said Plan between the City and the Georgia Municipal Employees Benefit system as provided by
O.C.G.A. Section 47 -5 -1 et seq., is hereby amended by striking Section 25, Section 27, Section 30,
Section 31, Section 44, Section 46, and Section 48 from Article II and substituting in lieu thereof, the
following:
"Section 25. Credited Past Service shall mean the number of years and complete months of Past
Service:
a. Of an Eligible Employee employed on the Effective Date of the Plan.
b. Of an Eligible Employee not employed on the Effective Date of the Plan who had Service Prior
to such Effective Date, provided that subsequent to such Effective Date, the employee performs the lesser
of: Service and leave of absence equal to the break in Service, or Service and leave of absence equal to
five [5] years.
c. of an Eligible Employee whose initial employment date is subsequent to the effective Date of the
Plan, however, (Ord. 1996- 21;10/10/96)
This is an Addendum to the Ret rement Play I
originally adopted via Ordinance and became
Ivbee Island. as
ive on May 1, 1987. It of
Page 1 of 3
Early Retirement Open Window
following ways:
I , Addition of a new::Department or a new class of Eligible Employees: N/A
2, Discontinuance of partigipation in the Plan by one or more Departments or classes of Employees: N/A
3. Special eligibility service requirement for Regular Employees: NIA
4. Credited Past Service under the Plan for newly eligible classes of employe: N/A
5. One -time or as -hoc cost of living adjustment: N/A
6 Alternative early retirement. actuarial reduction table for one,pr moire. class. es of Eligible Employe e
N/A
7. Other
(a) One Time Early Retiremeet:Incentive
An enhanced early retirement benefit shall be made available to eligible Participants on a Date -time basis,,
in accordance with and subject to the following requirements:
(1) Eligibility for Enhanced Early Retirement Benefit, A Participant who is an Full -Tine Employee will
be considered eligible to elect the enhanced early retirement benefit offered under this Section 7 (a) if hi
combined age and years of ._ otal Credited Service equals at least seventy -five (75) as of May _1, 2003.
Elected or appointed members of the Governing Authority are not eligible for enhanced early retirement
benefit.
(2) escription of Enhanced Early retirement Benefit. The enhanced early retirement benefit payable to
Participants who elect to retire in accordance witteSeetion 7 (a) shall be computed as;prov ided.;under
Article V, Section 1 of the Plan without actuarial reduction for the Participant's age and it shall be based
Lyon the P rticipant's Total :Credited Service, his Final Average Earnings, and he benefit formula in
effect under tbbe City's Plan as of he date of the Participant's termination of employment.
(3) Window Period for Election. Any Participant who satisfies the eligibility requirements of subsection
(I) above may elect to retire and receive The enhanced early retirement benefit d'escribed.in subsection (2)
above. In order to effect such electi ne the Participant must properly complete and sign an election form
designated by the City foe esuch purpose, and the participant must submit said form to the Pension
Committee Secretary betw.een.9 a.m., ..klonday, M.ay.5_2003-and 4:30 p.m. Frida . June 20, 2003.
(4) 7 Day Revocation Period. Any Participant electing t retire early pursuant to this Section 7(a) may
revoke said election by providing written notice of said revocation to the Pension Committee Secretary
within seven (7) days after he submits.the election form (the revocation period). The election to retire and
receive an enhanced early retirement benefit pursuant to this Section 7(a) shall become irrevocable upon
the expiration of said revocation period.
(5) Termination of Employment: Effective Retirement Date. Participa is who irrevocably elect to retire
and receive enhanced early retirement benefits pursuant to this Section (a) shall be required to termin to
employment on June 30, 2003. The effective Retirement date for Participants irrevocably electing to
receive enhanced early retirement benefits in accordance with this Section 7(a) shall be July 1, 2003.
Provided;the requirements of this Section7(a) are met, benefits for an eligible Participant electing to
retire in accordance with this subsection shall commence as of July 31, 2003 and shall be paid on the last
day of each succeeding month thereafter for as long as the Participant ,is eligible to receive such benefits.
(6) Voluntary Election, The election to retire'and receive enhanced early retirement benefits pursuant to
this s bsection 7(a) shall be completely voluntary.
Page 2 of 3
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Early Retirement Open Window
Add ndu
of such ter
anon
The effective
10. This Addendum sh
invalidate any :payment
The ter
the City of Tye
1
Addend up shad
repealed
pursuant
Addendum to :t�
r iathis 10th
Set*
«y ;
2
o%
ev
du
Ret e ent, I ;Ian
v o pril, 2003,.
e approved by
yr and Council of
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.
this 10th day of April , 2003
Mayor Walter W. Parker
City Clerk
1st Reading:
2nd Reading:
Enacted:
Page 3 of 3
ORDINANCE §
WHEREAS, the City of Tybee Island, through its Mayor and
Council, requested the Georgia General Assembly to adopt
authorization to permit a homestead exemption from municipal ad
valorem taxes in addition to all other ad valorem taxes assessed
against real property located within the city limits of the City of
Tybee Island; and
WHEREAS, the Act approving such homestead exemption called for
a referendum in which the voters could vote in favor of or in
opposition to the homestead exemption; and
WHEREAS, by virtue of an election conducted in connection with
the 2002 state wide general election, the voters eligible to vote
on such referendum approved the adoption of the homestead
exemption; and
WHEREAS, the City of Tybee Island wishes to document in its
ordinances the existence of such exemption and to specify the
procedures in connection therewith;
It is hereby ordained by the governing authority of the City
of Tybee Island that the Code of Ordinances, Section 3 -2 is amended
so as to add a section to be numbered as Section 3 -2 -14 and
entitled "Special Homestead Exemption" as follows:
Section 1
As used in this ordinance, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad
valorem taxes for municipal purposes, levied by, for, or on behalf
of the City of Tybee Island except for taxes to pay interest on and
to retire bonded indebtedness.
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(2) "Homestead" means homestead as defined and qualified in
Code Section 48 -5 -40 of the O.C.G.A.
(b) (1) Each resident of the City of Tybee Island is granted
an exemption on that person's homestead from all City of Tybee
Island ad valorem taxes for municipal purposes, as follows:
(A) For the taxable year beginning on or after January
1, 2003, and prior to January 1, 2004 in the amount of $40,000.00
of the assessed value of that homestead; and
(B) For all taxable years beginning on or after January
1, 2004, in the amount of $80,000.00 of the assessed value of that
homestead.
(2) The value of that property in excess of such exempted
amount under paragraph (1) of this subsection shall remain subject
to taxation.
Section 2
In order to qualify for the exemption granted herein, an
individual must have filed for homestead exemption on the property
in question with Chatham County and the City of Tybee Island hereby
designates the appropriate County official as its designee for
purposes of receiving the applications to qualify for the homestead
exemption granted herein it being the express intention hereof that
City residents who qualify for the homestead exemption for County
purposes shall also automatically qualify for the within exemption
for municipal ad valorem taxes, including all of those qualified as
the first taxable year of the special homestead exemption.
Section 3
The Special Homestead Exemption shall be claimed and returned .
as provided under state law for other exemptions and shall be
automatically renewed from year to year as long as the owner
occupies the residence as a homestead. After a person has properly
qualified for the exemption, it shall not be necessary to make
application thereafter for any year and the exemption shall
continue to be allowed for such person. In the event an individual
becomes ineligible for the Special Homestead Exemption it is the
duty of such person to notify the governing authority of the City
of Tybee Island or the designee thereof, including the appropriate
official of Chatham County, in the event that person for any reason
becomes ineligible for the exemption.
Section 4
The exemption granted by this ordinance shall not apply to or
affect state ad valorem taxes, county ad valorem taxes for county
purposes or county school district ad valorem taxes for educational
purposes. The homestead exemption granted by this ordinance shall
be in addition to and not in lieu of any other homestead exemption
applicable to ad valorem taxes for municipal purposes.
Section 5
The exemption granted by this ordinance shall be applicable to
all taxable years beginning on or after January 1, 2003.
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ADOPTED THIS DAY OF , 2003.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
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• STATE OF GEORGIA
COUNTY OF CHATHAM )
AM-DAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized to
administer oaths, Ph1t .,- e2 tip.___.. , 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 5,, f , 2003.
(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
of /0 '6" 'leAro.er / , 2003, which was closed for the purpose(s) of
!�� f ®oo.) 4. fro,, s .,, /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
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O.C.G.A. ' 50- 14 -4(b) that such an affidavit be executed.
This ioday of 'ZQ , 2003.
Sworn to and subscribed
before me this /0 day
of , 2003.
Notary Public
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Mayor/Presiding Officer