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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 1 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 1 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. 1 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 1 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. 1 (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. 1 ADOPTED THIS DAY OF , 2003. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: g: \common \emh\21\206\ordinance 3 -� r -�� 1 • 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 1 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 g \common\emh \14536\affiday.02 Mayor/Presiding Officer