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HomeMy Public PortalAbout20031113CCMeeting1 1 1 @ @ITEM 2003 -11 -13 City Council Meeting Minutes Mayor Walter Parker called the November 13, 2003 City Council Meeting to order at 7:00 PM. Those Council members present were Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. In addition, City Attorney Edward Hughes and City Manager Bob Thomson were also in attendance. Richard Barrow gave the invocation and everyone recited the Pledge of Allegiance. Mayor Parker introduced Council Elect members Mallory Pearce and Paul Wolff. Mayor Parker told everyone that Jack Youmans was having a birthday. When asked how old he was, Youmans said that when he finished this next term as Councilman, he would be 80 years old. Parker presented Youmans with a framed 1956 Georgia State Flag that once flew over City Hall. Youmans said the agreement was to hang this flag in City Hall and now they have given it to him. He thanked Mayor Parker and said he had a place to hang it. Mayor Parker asked for visitors and Lin Walsh spoke to Council regarding the parking attendants booths. Walsh said she and several neighbors on 18th Street would like to design and replace the booth at the end of the 16th Street lot. Walsh introduced Jim Stone who is also a resident of 18th Street. Stone said he would design a hut or booth in keeping more with the beach location. Gene Hall, contractor, would be willing to build the structure at no charge to the City, according to Stone. He said the booth, as it stands now, is ulitarian and unattractive. Stone said he has 2 concepts to show tonight, one is a pilothouse and one is similar to the pier. Stone said he is requesting Council's approval to go ahead with the project. He said he would like Council to approve a design. Stone also said he urges all citizens to donate time, money, materials or anything else that would be needed. Stone told Council that schedule would be up to the City, as he does not want this to negatively impact business. He asked that perhaps the City would issue no cost permits and the city would donate waste disposal and possibly some manpower. He said a plaque, with all the names of those who contributed, could be placed on the booth. Mayor Parker said it sounded like a good idea and they would discuss at the proper time. Jackie Brown presented a request to replace the windows at the ceramic shop on Van Horn. She said there was cardboard in the windows now to keep the weather and rats out. Brown said she had sent bids to 5 contractors and talked to 2 others. Only 1 bid was returned and that was from Jonathan Brown Construction. The bid was for $16,700. which includes the windows, and wood to replace the rotten wood, for 32 windows. She said this would require a budget adjustment. Claire Price presented Council with a request for Christmas decorations and displays. Price said she had talked to a lot of business owners and they all agreed to match or exceed the amount that the City would spend. She described several of the lighted displays and said that they are guaranteed for 12 years. Price said she was requesting $10,000. Barrow asked about this company. Price answered that Universal Concepts had been in business since 1928 and have displays at Pigeon Forge and Calloway Gardens, as well as many other well known venues. Crawford told Price to check the last budget and see if any of those allocated funds were available. 1 1 1 Freda Rutherford asked if the proposed budget was going to be discussed tonight. She said the budget deserves review and careful study. Parker agreed and said no action could be taken tonight. Bernie Goode gave a brief status report on the study of the cemetery located in Memorial Park. Goode said a new fence is needed at the cost of $20,000 of which the City has donated $5,000 and the committee has raised $5,100. He said they were trying to determine where the fence would be placed and at that time he will come back before Council for a fence permit. Mayor Parker opened, asked for comments and closed the following public hearings, according to law. Dick Smith, Chairman of the Planning Commission, presented the following Public Hearings. Warren Johnson requested a variance for addition 17 ft. to existing driveway at 1711 Butler Avenue, PIN 4- 0009 -02 -002. Smith said the P. C. voted unanimously to approve. Dee Anderson, Zoning Administrator, explained that the ordinance allows 25 feet wide driveways, and Mr. Johnson wanted 42 feet. Youmans said that Johnson had been misinformed by a contractor who was replacing sidewalks. He was in the process of digging out for the driveway when he found out he needed a variance. Smith said Randall Davis requested a Minor Subdivision of 1 lot into 2 lots at 1305 Butler Avenue /1306 Lovell Avenue, PIN 4- 0007 -16 -008. Smith said no variances were requested and P. C. approved the request unanimously. Anthony Sapone requested setback variances to rebuild in the same footprint of a building that was being demolished at 5 17th Street, PIN 4- 0009- 03 -003A. Smith said the lot was 25 ft. wide; plans were to build a duplex and completely sprinkle both units. He said the P. C. voted unanimously to approve. Parker asked how they could have 6 parking spaces on a 25 ft. lot. Smith Said the plans showed parking under the structure. Andy Donato, who lives next door, said he had no objections but would like to see the plans. Penn Myrick, who lives across the street, said he was neither for nor against, but the existing house is on the property line and wanted to know how they could remove this house and build back. Myrick wanted to know where the dumpster would be located and where all the contractors and workers would park. Myrick said he wanted to know how this would affect the neighborhood. Smith presented a request for a Minor Subdivision for an existing duplex for Charlotte Goodling at 25 -27 Officers Row, PIN 4- 0002 -20 -013. Smith said it was built in 1896 as a duplex and now the owners want to sell one side. He said they will install a firewall in the attic but don't want to install a sprinkler system, as it will ruin the integrity of the old tin ceiling. He said the house next door was already subdivided and had two owners. Smith said P. C. unanimously approved. Attorney Tom Mahoney, representing Mrs. Goodling, told Council that these 2 structures had always been non - conforming use. When asked about fire sprinklers Mahoney said that the firewall in the attic would be sufficient and if you tampered with the ceiling, you would destroy historic value of the ceiling. Ted Kohn said he lives next door and agrees that if you start bothering with these ceilings, you will really mess them up. He said he has no objections. Reynolds said in downtown Savannah, he has run into this same situation and they deal with it by placing a firewall in the attic or something along the interior walls. Tony Petrea said he had 1 1 purchased the property and he thinks the units have 5/8 sheet rock over plaster. The ceilings are pressed tin downstairs and upstairs. Smith said Dale Williams and Deborah Kearney had requested a site plan approval for a 6 -room Inn at 1018 Highway 80, PIN 4- 0026 -11 -006. Smith said that the request had been amended to 5 rooms and that the owners would abide by the fire safety code. He said that P. C. had approved unanimously. Smith then presented a height variance of 3 feet for the City for the Gym at 202 5th Street. He said that in the Code, you are allowed 1 ft. of height variance for every 2 ft. of setback you have over the required footage. The P. C. voted 5 to 3 to approve. Mayor Parker asked if we had talked to the engineer. Thomson said that it was purely for decorative reasons and to hide the A/C units. He said it was just a parapet so the building would not look like a great big box. Roy Johnson, a resident of the Island, said he was not an architect but a registered civil engineer in 2 states and the commonwealth of Pennsylvania. He said he had been in construction for over 40 years and he had never heard of a city asking for a variance. He said the City awarded H.G.B. & DeY. Engineering Company over $150,000 to design this building within the bounds of City ordinances. Johnson said they should redesign it at their expense. Pat Locklear asked why was it necessary for the City to ask for a variance. Parker said it was not. Smith then presented a request for a variance for setbacks and to remove all of the trees on the lot for Michael Lucas at Lot 4 Algier Avenue, PIN 4- 0020 -04 -004. Smith said this was a sub - standard lot of record of 50ft by 63 ft. He said there were only pine trees, no significant trees. Mallory Pearce said he thought the plans were inadequate and before anything was approved, we needed a survey showing all the trees. Lucas wanted to know what was significant about pine trees. Parker said pines are not significant under our ordinance but there is a density requirement of 3 trees per 4500 square feet. Attorney Hughes agreed. Smith said P. C. voted to approve by 7 to 1. Smith said before he presented the next request, he would like to commend all of the candidates for removing their campaign signs so quickly after the election. He thanked them all. Smith then presented a request for a conceptual review and height variance of 19 feet for a 38 -unit condominium with dock and store at 1 Old Tybee Rd. for Lazaretto Development Co., PIN 4- 0024 -01 -005. Smith said the P. C. voted to deny this request unanimously. Tom Mahoney, Attorney for Lazaretto Devel., spoke to Council, saying this piece of land was 4.1 acres. He said of this, .31 acre is wetland and unbuildable and after all setbacks and restrictions from the City, State and other environmental agencies, there is only .82 acre left to build on. Mahoney read the reasons listed in the LDC for obtaining a variance and said this property falls under those guidelines. He said water and sewer was 1.5 miles away and was reasonably available. Mahoney said that this property was not located in an established neighborhood so it would not interfere with anyone. The existing grade was lower than other beach property and they will have to go up 10 ft. to establish the first habitable floor. Mahoney said that Councils had approved 14 and 15 feet variances before. He said that the plans were sent back to the engineers, who have redesigned and amended the height variance request to 13 feet. He said there is no comparison to the Bull River Condos at 112.4 feet. If approved, the top of this structure will be at the bottom of the Lazaretto Creek Bridge. Youmans asked if both the concept and the height variance were to be considered and Mahoney answered yes. 1 1 1 Parker asked if the water /sewer was worked out and Thomson said it had been discussed with Paul Bums. Thomson said it was possible and cost was considerable. Mahoney said they knew it was the developer's responsibility but obviously there was no check until the concept is approved. Parker said it could run down the median on Highway 80. Barrow said it was the developer's total responsibility. Crawford asked Parker what basis did he have for committing running the lines in the median. Parker said it just an assumption because of wetlands on both sides of the Highway. Barrow said Tybee would benefit from the fees and Crawford agreed. Hughes said the City could negotiate the cost, Mahoney admitted that it is fully their responsibility. Paul Wolff spoke against the variance and concept. Wolff said that Paul Burns had a business on that property for years and should have known that most of it was unbuildable when he bought it. Edwin Longwater spoke against the request saying history abounds in that area which was once a fishing village. Longwater mentioned the increase need for parking, dock space, increased traffic entering and exiting Highway 80 and water /sewer requirements. Tara Merrill, Senior Environmental Consultant with EMC Engineering, told Council that there was no comparison to what the area did look like and what it looked like now. She said a lot of the concerns that people had voiced could and would be worked out. Steve Ashley, a resident of the North End thanked the Mayor and Council for lowering the speed limit. He voiced concern over the increase water usage and sewer. He asked them to look into this and consider before making decision. One gentleman spoke in favor, saying things don't ever stay the same. Kathryn Williams spoke against the height variance and voiced concern over increased traffic. Rachel Perkins voice opposition the project, saying something could be built there that would benefit the entire Island instead of something that would benefit just the few who could afford it. John Paul Eyck, Brucie Westerman, J. R. Rosenberry and Bernie Goode all spoke in opposition. John Anderson spoke in favor and Tom Mahoney said they had received several letters of support. Jason Cowan, Finance Director, spoke to Council regarding the 2004 Proposed Budget. Youmans said he wanted to meet with someone and find out what the money is for. He said all these figures don't tell him what the money is being spent for and he wants to know. Youmans said Council had always met with Department Heads. Parker said we couldn't take any action tonight. Thomson said we would meet with everyone, set up a work session, put on the WEB and answer any questions. Freda Rutherford said that Chris Lightle always said to retain 5 months funds in Reserve but she sees where 1.2 million dollars was transferred to General Fund. Mayor Parker opened the meeting for business legally presented. Crawford motioned to approve residents rebuilding parking lot booth at 18th Street, Reynolds seconded. Vote was unanimous. Youmans asked if the rest of the booths were to be different than this one. Parker said both would be the same and the vote on design, which was next. Reynolds motioned to approve the Pilot House Design for the booth, Crawford seconded. Vote was unanimous. Thomson is to confer with Mr. Stone and Mr. Hall on plans. Crawford motioned to put in budget for next year — 32 windows for ceramic shop. Reynolds seconded, and vote was 4, Reynolds, Crawford, Buelterman and Barrow, for and 1, Youmans, opposed. Crawford motioned to approve the variance for 17 feet to the width of the driveway Johnson at 1711 Butler Avenue, Buelterman seconded. 1 1 Hughes interrupted and said before this gets stared, he wanted to remind everyone and it was to be noted in the minutes, that Council had a copy of the standards for granting variances, special reviews, site plan approvals, subdivisions and all of the standards of those public hearings that were before you tonight. These standards are to be taken into account before making decisions. Vote was then taken on the variance for 1711 Butler Avenue and was unanimous. There was a question regarding the bid for the windows at the ceramic shop. Mrs. Brown asked if the bid was approved or was the money only approved to go into the budget. Parker said we would have to put it up for bids. Youmans said we already had bids and Brown said there was only 1 bid. Parker said we would have to get more bids, and Hughes said it was already put out for bids and only 1 bid was submitted. Crawford said to put the windows in, that's all. Hughes said we would have to get a line item in next years budget. Everyone agreed. Crawford motioned for approval for minor subdivision for Davis at 1305 Butler Avenue, Buelterman seconded. Vote was 4, Youmans, Crawford, Buelterman and Barrow, for approval and 1, Reynolds, abstained. Crawford motioned for approval for variance for Sapone at 5 17th Street, Youmans seconded. Buelterman asked where the equipment would go. Crawford said he felt there was adequate room for the dumpster, and asked Sapone to agree to have workers park in the parking lot about a block away so not to negatively impact the neighborhood. Sapone said about half of his crew walked to work and he would have the rest park in the lot. Youmans said in other construction projects, the contractor rented parking spaces for dumpsters and workers. Sapone said he used a couple of dump trailers that were smaller than a dumpster and emptied them into a dumpster on another site or took them to the landfill on Wilmington Island. Vote was 4, Youmans, Crawford, Buelterman and Barrow, and 1, Reynolds, abstained. Crawford motioned for approval of a minor subdivision of an existing duplex for Goodling at 25 -27 Officers Row, Reynolds seconded. Hughes told the petitioner to be sure to put the statement on the plats that state these lots are sub - standard and not suitable for single - family dwellings. Buelterman motioned to amend the original motion to include contingent on the firewall in the attic, Crawford accepted the amendment and Reynolds seconded. Vote was unanimous for approval. Crawford motioned for approval for site plan for a 5 -room inn for Williams & Kearney at 1018 Highway 80, Reynolds seconded. Vote was unanimous. Crawford motioned for approval of height variance for gym, Reynolds seconded. Youmans said he would rather not vote for this because he didn't want to set a precedent. Hughes said he thought this item was put on the agenda because it was advertised and the City wanted to let the public know and have a chance at some input. Crawford agreed with Youmans and wanted to know if anyone would stand up and say they put it on the agenda. Thomson said he did because he didn't want folks to say "ah -ha ". Crawford withdrew his motion. Buelterman asked Hughes if he was saying this didn't need a variance and Hughes said yes. Crawford said he would like to withdraw his motion. Youmans motioned that we withdraw this request, Crawford seconded. Vote was unanimous. Crawford motioned to approve variance and removal of trees for Lucas at Lot 4 Algier Avenue, Reynolds seconded. Buelterman said he would like to see this tabled and 1 1 have a plan drawn and try to save some of the trees. Vote was 4, Youmans, Reynolds, Crawford and Barrow, for approval and 1, Buelterman, opposed. Crawford motioned for approval for the height variance of 13 ft. and conceptual plan for Lazaretto Development Co. for 38 units at Lazaretto Creek. There was no second. Parker stated motion dies for lack of a second. Parker said we would take a 5- minute break. Mayor Parker called the meeting back to order. Parker said to clear things on the issue at Lazaretto Creek, we need to have a motion to deny or to table. Parker suggested that since a great deal of time and effort has been spent on this, if we table this until the next meeting, there would be time to make some adjustments and we could try again. Youmans motioned to table until next meeting, Reynolds seconded. Hughes said has to be readvertised and have to have another public hearing of whatever they do, especially in light of the disbursement of the public tonight. Buelterman asked if this would go back before the Planning Commission and Parker answered no, just come back before Council. Crawford asked when would it come back for a vote, Parker answered at next Council meeting, in December. He said if that is what they choose to do, they could revise or come back with the same plan. Crawford asked if there was any other motion for approval. Parker said no, there was a motion to table on the floor now. Buelterman said with a plan of this magnitude, if changes are made, shouldn't it go back to the Planning Commission. Parker said we could. Hughes said it was Council's call. Youmans said it was his motion on the floor. Parker asked if he would accept that, and Youmans said no. Crawford said he thought there was another motion for approval in a modified form. Parker said there was not. Reynolds said he might be open to accept something in a modified form. There was some discussion and Crawford asked why couldn't Council consider a modified form. Youmans said if that was his opinion, he might as well withdraw his motion to table and make a motion to deny. Crawford asked what was the motion and said they ought to consider all of the viable options. Reynolds said if we vote to table, this goes on for another month. Parker said if we vote to table, the petitioners have a chance to come back, after advertising, and have a public hearing next month and make a new presentation. Hughes said they could modify the request and come back next month anyway. Crawford said he thought we had a motion, or at least the framework of a motion, to approve with a modified version of this. Parker said no we don't. Parker said the motion is to table. Buelterman again asked for this important issue to go back to the Planning Commission. Youmans refused to accept. Crawford said he thought we had the framework to resolve this issue once and for all right now. He said if that cannot be done then he would support Councilman Youmans' motion to table until next month. Crawford said he thought the pieces to the puzzle were here tonight and we could resolve it one way or the other. Parker said the motion is to table and the revisions coming back to Council and I need a vote. Voting for the motion to table was Youmans and Barrow, and voting against the motion to table was Reynolds, Buelterman and Crawford. Parker called for a motion to deny. Buelterman motioned to deny and no one seconded. Parker said we have to resolve this so that these people can do something one way or another. Crawford said why can't we have a modified motion and Parker answered that we have a motion on the floor now to deny. Crawford said he wanted to make a motion to modify. Parker said he was sorry but the motion was to deny. Crawford said he made a motion to modify before the other motion was made. Hughes 1 1 1 interrupted and said he would rather they let if fail like it did and take no action, after the public has been disbursed. He said he didn't think we should take an affirmative vote on this. Crawford said that legal ruling comes after the discussion for the motion to table. Crawford said, as he understood, after the motion to table failed, we could bring a modified motion to approve. Crawford told Hughes that he had issued a legal opinion that if the motion to table failed the only other motion would be to deny. That's dirty pool. Crawford said if we couldn't have a motion to approve in a modified form, then we need to go back to the motion to table. Crawford said it was not going to die here tonight. Parker said the motion to table has died and he thought that ends it, and asked Hughes if he was right. Hughes said he didn't think there had been any action either way, there has been no second on any motion one way or the other and the effect of that is that the application is denied. Hughes said he was not sure where that leaves the applicants. If they want to make a different application with substantial changes to the variance requests, they are entitled to do that. Crawford said Hughes issued a legal opinion after the vote was taken. Parker told Crawford he had not been recognized and Crawford said that was not fair. Parker said Crawford had not been recognized and he would recognize him when it was time. Hughes said he was doing the best he could under the circumstances of not seconding motions. Crawford said that we had not voted on anything. Parker said yes we had, Crawford said no we haven't. Parker said we have voted. Crawford said to vote like it should be voted or there would be a legal challenge. Parker asked if there was anything else that needed to be brought up on this issue. Parker called for a vote to approve the minutes of the last meeting, October 25, 2003. Crawford then stood up threw his papers and pen out in front of the dais and saying "B*** S***" walked out of the auditorium. Parker regained order and said before we bring up the minutes, we need to go back to one item. Mrs. Price requested some money for Christmas decorations, Parker asked for a motion. Buelterman motioned for approval of $10,000 to be allocated, Youmans seconded. There was discussion that a budget adjustment was needed. Vote was 4, Youmans, Reynolds, Buelterman and Barrow, for approval. No vote against. Parker then called for a motion for the minutes. Buelterman motioned for approval, Reynolds seconded. Vote was 4 for and 0 opposed. Youmans said at the Park of 7 Flags, they are flying the wrong Georgia Flag. He said these flags are supposed to be the ones that flew over Georgia not the current flags. Youmans motioned that they go back to the Pre -1956 Georgia Flag, Buelterman seconded. Vote was unanimous. Attorney Hughes said he had a Resolution for the Judge Pro -tem authority. Hughes said there had been a question as to whether the Judge Pro -Tem had the authority to perform wedding ceremonies, Parker asked does he? Hughes said he had all the power of a sitting judge when he was acting as the sitting judge. This resolution just makes it clearer. Buelterman motioned for approval, Youmans seconded. Vote was unanimous. Hughes said he had gone by the Seidel property and it is between marshes. Hughes said it was high ground but a narrow strip. He said he couldn't conceive of anyone doing anything with this property other than the Seidels. Hughes said there are two ways to do this. One is by resolution and have the City Manager determine that this property has no marketable value. The second is by determining that this will be nothing 1 1 1 but greenspace and have a public hearing next month based on the appraisal. But, he has not gotten a current appraisal. Parker said Mr. Seidel had been unable to get an appraisal but he was willing to pay. Thomson said he had gone and looked at the property. He said it is very small, adjacent to the marsh and not really worth anything to anyone other than the Seidels. Youmans motioned that his proposal be accepted and conveyed by resolution, Reynolds seconded. Barrow said he was afraid they were setting a precedent by allowing Mr. Seidel to set his own price. He said other people would come in and want to set their own price. When this procedure was written, an appraisal was one of the requirements. Parker said this was a unique situation. Barrow said all of them were unique situations, and we need to get an appraisal. Youmans asked the reason Mr. Seidel didn't want to have it appraised. Parker said he did want to have it appraised but couldn't get an appraiser to do it. Youmans withdrew his motion. Youmans, then motioned that the applicant get an appraisal, and we accept it, if is by one of the City's approved appraisers, Barrow seconded. Vote was unanimous. Dee Anderson, Human Resource Director, said there was letter from Mr. Thomson and him regarding the increase in insurance coverage. The increase is 25% for HMO coverage and 5% for PPO coverage. Anderson said the family coverage increase was a total of $8,226 per year. Anderson asked Council to approve the City paying the increase for the employees and retirees. Parker asked Council members if anyone had a problem with this proposal. No one had a problem. Youmans said hospital costs were going up everywhere. Parker told Anderson to put in a budget item. Anderson said that last week the City lost a dedicated employee, Chip Williams, who had worked for the City 17 years. Anderson requested the Council to approve a memorial to employees who had long -term employment, 10 or 15 years with the City. Anderson said we had received some donations and would like to put the memorial in front of City Hall by the flagpole like the one for the police officers. He said we had private donations enough to cover the expense; we just needed permission to put it out there. Youmans motioned for approval, Buelterman seconded. Youmans asked who would be eligible. Anderson said any long -term employee or retired employee. Thomson said he would suggest 15 years. Vote was unanimous. Bob Thomson, City Manager, said Christmas falls on a Thursday this year and there is one day, Friday, between Christmas and the weekend. Thomson said his request and recommendation is for City employees to be granted that day as a paid holiday. He said this would be a good morale booster and if an employee so desired to work they certainly would be allowed to. Thomson said our employees get fewer holidays than other government employees. Youmans said he had been trying for years to get Veterans Day as a holiday and now we're giving the day after Christmas. Parker said no, it is just for this year. Youmans said he would go along with that and motioned for approval, Reynolds seconded. Vote was unanimous. Thomson then requested approval for the annual Christmas Bonus for employees based on past approved amounts, of $75 for Department Heads and $50 for employees, with increases for years of service. Youmans motioned for approval, Buelterman seconded. Vote was unanimous. George Shaw said he had met with a group of citizens to discuss the proposed hiring of a City Planner. Shaw said one of their main concerns was traffic engineering and they wanted some references. Shaw said one particular area of concern was the Tybrisa and Strand area. He said he had called the companies and let them know of this concern and he is waiting for replies from them. Shaw told Council he had called several cities requesting references and had only received one so far. He said he should have a more solid proposal by next meeting and would give a report at that time. Thomson requested that anyone interested in any of the areas give their ideas and opinions to the City. There will be a notice on the Website of a meeting. Youmans asked Thomson to be sure to invite the people on Tybrisa and Strand to this meeting, as they are the people who will be affected the most. These people are trying to make a living, Youmans said. Thomson said yes, they already have been. Buelterman said he thought that when a planner was discussed, they were to look at zoning and everything. Thomson said yes, they will look at zoning, landscaping, infrastructure, traffic control land use, and everything involved. Youmans asked if was full time. Thomson said no, it was part time. Buelterman asked about the cost. Thomson said in terms of cost, a 2 or 3 day meeting would be anywhere from $8,000 to $15,000. After that they will generate recommendations. Buelterman motioned for approval on 2nd reading of Section 7 -030, Tree Ordinance, Youmans seconded. Vote was unanimous. Barrow said he would like to commend the group of citizens for wanting to improve the City. He said maybe this would encourage more citizens to get involved in doing things for the community. He said he wanted the City to assist them in any way we can. Parker told the group to coordinate with Mr. Thomson and he was sure Thomson would put our Public Works in touch. Reynolds asked about a sewer study that was approved some time ago and wanted to know if that was going on or was it dead or what. Parker told Reynolds to check with Thomson. As there was no other business, Mayor Parker adjourned. Clerk of Council 1 Mayor Walter W. Parker 1 1 1 7 -030 Tree ORDINANCE NO. 2003-22 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 8 Land Development Code, Article 7 Tree Removal Regulations , Section(s) 030 Application and Exceptions, be amended with the addition of sub section (D) to read as follows: Section 1. Section 7 -030 is hereby amended to read as follows 7 -030 APPLICATION AND EXCEPTIONS The requirements of this ordinance shall apply to all parcels within the City. No trees shall be removed within the City of Tybee Island except in compliance with this ordinance, with the following exceptions: (A) No permit shall be required for the removal of trees which endanger or obstruct public safety and welfare as determined by the Zoning Administrator or designated City representative. (B) No permit shall be required for the trimming or pruning of trees, provided that such maintenance activity shall not be so extensive as to constitute tree removal as defined above. (C) This ordinance shall not apply to utility rights -of -way. D "% it or. miti = ati •nI shal = the eve ermines that entl porches and ti ke. this subsection shall not have application to potenfiat darnaae`1 rive -ways from sORD. 2003 -22; 11/13/03) 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 Diane J. Sikes, Clerk of Council 1st Reading: 10/23/03 2nd Reading: 11/13/03 Enacted: 11/13/03 Page 1 of 1