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HomeMy Public PortalAbout20080214CCMeeting1 1 1 2008214 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Present in addition to the Mayor were Council members Doyle, Crone, Brewer, Brown, Smith and Wolff. Also attending were City Attorney Hughes and City Manager Schleicher. Mayor Buelterman listed the items on the Consent Agenda as: Council Minutes for 11/29/07 Amended Council Minutes for 12/13/07 Audit Committee Reappointment of Jim Anderson Audit Committee Appointments of William Blakey and Alfred Waite Approved to advertise one Audit Committee position opening with an application deadline of February 28, 2008. Mr. Wolff moved to go into Executive Session to discuss Litigation and Personnel, Mayor Pro Tem Doyle seconded and the vote was unanimous. Mr. Crone moved to return to Regular Session, Mr. Wolff seconded and the vote was unanimous. Mayor Buelterman called the Regular meeting of the City Council to order at 7:OOpm. City Officials present at the Consent Agenda were still in attendance. Reverend Fretwell Crider gave the Invocation and the Memorial Color Guard posted the Colors. Everyone recited the Pledge of Allegiance to the Flag. Mayor Buelterman thanked the Fire Department for providing assistance to the Emergency Officials during the explosion at the Sugar Refinery. He said we have donated supplies and they are still using some of our mules and equipment we use on the beach. Mayor Buelterman said Tybee was awarded the Storm Ready Supporter designation today. He said we are the first city in the state of Georgia to be presented this designation. He said having weather radios in all departments as well as a severe weather safety plan in place and information on channel 7 about rip currents, etc. He said we were awarded that designation by the National Weather Service. Mayor Buelterman said while he was downtown accepting the award he ran into Mr. Liakakis and Mr, Liakakis gave him a check and said he was paying his water bill; the check was for $450,000 towards Beach Renourishment. He said that was money Chatham County had committed but not given us. Mayor Buelterman said the State money for renourishment of 2.93 million that Tybee worked really hard to get and the state designated two years ago will be coming soon. He Page 1 of 5 1 1 said they are selling the bonds. He said we are getting close to having the money for renourishment on hand. Mayor Buelterman told everyone about the new sound system installed in order to allow people attending the council meetings and people at home to hear better. He said we have FM hearing amplifiers that we will call the Bennett hearing aids in honor of Gloria. Mayor Buelterman said the auditorium is set up a little differently with Mr. Hughes and Ms. Schleicher set up to face council instead of the audience. Mayor Buelterman thanked Mayor Pro Tem Doyle and Ms. Sessions with the United Way for the planting done on Tybee in honor of Martin Luther King Day. Mayor Buelterman presented plaques to Planning Commission members whose terms expired on January 31St. Not attending was Bill Garbett and Sandy Chandler. Mayor Buelterman gave plaques to council members Barry Brown and Charlie Brewer. Mayor Buelterman thanked all of them for their dedication and service to Tybee. Mr. Gene Kindrick announced the dedication of the Korean Veterans Memorial at the Park of 7 Flags. He said the dedication will be held at the Pier on April 7, 2008 at 11:OOam. He said the legion is searching for names of all Tybee residents that lost their life or served during the Korean War including everyone from DAV and Spanish Hammock Islands. He asked that people notify him if they plan on attending the dedication because if 300 or more people are attending then he believes he can get the Korean Consulate to attend. Lawanna Tsoulos said approximately 500 members of the Indiana National Guard will be visiting Tybee from February 26th to March 5 on Leave before going to Iraq. She said they formed a committee and approximately 50 Tybee businesses are going to give discounts, special rates and specials. She said the Island will be decorated with flags and bunting. She requested all Tybee residents fly their American Flags too. She requested courtesy parking passes for all visiting National Guard members. Bill Cannon of the Beautification Association announced adopt a highway on Saturday, February 23rd at 9:OOam at the Tybee sign. Linda Gladin talked about provisions of the City Charter. Mayor Buelterman said Mr. Petschek sent a letter regarding a public hearing on the agenda tonight but the petitioner withdrew the petition. Libby Bacon said she understood the $60,000 for the skate park had been reallocated in the 2008 budget. She feels that politics play a part in the reallocation of this money. She requested council look in other areas of the budget before approving this reallocation. Page 2 of 5 1 1 1 Mr. Dave Postle spoke in favor of Tybee Ethic's ordinance. Mr. Postle asked for information on why the petition for Northwoods subdivision had been withdrawn. Mr. Hughes said there is no other information except that the petition has been withdrawn. John Major said Mr. Adams resigned from the Audit Committee last week due to personal obligations. He thanked Mr. Adams for the job he has done. * ** Mayor Buelterman opened the public hearings. * ** Brannyn Allen introduced the petition for a side yard setback variance at 11 Eighth Street for Harriet and Chester Simmons in order to subdivide a lot. She said the PC unanimously recommended approval. Mayor Pro Tem Doyle moved to approve, Mr. Smith seconded and the vote was unanimous. Mayor Buelterman said the next petition has been withdrawn at the petitioner's request. * ** Mayor Buelterman opened the public hearing for the Charter Change in order to allow for election of council by seats or posts. Henry Levy, Dee Tsoulos, Lawanna Tsoulos, Freda Rutherford and an unidentified citizen spoke in opposition to the Charter Change. Whitley Reynolds, Tom Sullivan and Carolyn Smith by letter spoke in favor of the Charter Change. Mr. Smith moved to send the requested change for legislation, Mr. Brown seconded. And the vote was 2 in favor with Smith and Brown voting in favor and Doyle, Brewer, Wolff and Crone voting in opposition. * ** Mr. Wolff moved to approve courtesy parking passes for Indiana National Guard members visiting Tybee on February 26 through March 5th. Mr. Brewer seconded and the vote was unanimous. Mayor Pro Tem Doyle moved to approve the Consent Agenda items as listed earlier, Mr. Wolff seconded and the vote was unanimous. Mayor Buelterman said the change order has been postponed. Page 3 of 5 1 Mr. Wolff moved to approve for 2°d reading the Franchise Fee ordinance, Mayor Pro Tem Doyle seconded and the vote was unanimous. Mr. Wolff moved to go into Executive Session to discuss Litigation and Personnel, Mayor Pro Tem Doyle seconded and the vote was unanimous. Mr. Crone moved to go back into Regular Session, Mr. Smith seconded and the vote was unanimous. Mr. Smith moved to adjourn, Mr. Crone seconded and the vote was unanimous. 'UCtiCILLUD, tnaa40/ Vivian 0. Woods, Clerk of Council or, Jason Buelterman 1 1 1 Page 5 of 5 1 1 1 1 ORDINANCE NO. 4-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO ESTABLISH A FRANCHISE FEE APPLICABLE TO HOLDERS OF CABLE OR VIDEO FRANCHISES FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for 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, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances to establish a franchise fee applicable.to holders of cable or video franchises issued by the state of Georgia by adopting a new Section 62 -2; to designate an agent; to provide for codification; to repeal conflicting ordinances; to provide for adoption; to provide an effective date; and for other purposes, and WHEREAS, the City of Tybee Island has adopted an ordinance relating to a franchise to U.S. Cable of Coastal Texas LP, and WHEREAS, the City of Tybee Island shall be notified by the Secretary of State's office and a cable or video provider of an application for a state issued franchise in the City of Tybee Island, and WHEREAS, the City of Tybee Island considers collecting a franchise free from a cable or video provider utilizing the public's right -of -way as compensation to the public for use of the rights -of -way and the means of promoting the public health, safety, welfare, and economic development of the City and to protect public works infrastructure, and WHEREAS, the City of Tybee Island is authorized pursuant to O.C.G.A. § 36 -76 -1, et. seq., known as the "Consumer Choice for Television Act" of 2007 to collect a franchise fee of up to five percent (5 %), the maximum amount established by federal and state law, of each cable or video provider's gross revenues generated within the City; and 1 1 1 WHEREAS, the City of Tybee Island is authorized to designate an agent to provide notice of the City's franchise fee rate, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances of the City of Tybee Island is hereby amended to add a section to be numbered and designed as Section 62 -2 and which shall read as follows: Section 1 Section 62 -2 Franchise Fee for State Issued Cable or Video Franchise (a) The City requires a franchise fee of five percent (5 %) of gross revenues generated within the City for any cable or video state franchise issued in its corporate boundaries by the state of Georgia. (b) The City hereby authorizes City Manager, upon receipt of notice to the City of its right to designate a franchise fee for an applicant for or holder of an existing state franchise, to provide written notice to the Secretary of State and each applicant for or holder of a state franchise within a service area that is wholly or partially located within the City limits of the franchise fee applicable to such applicant or holder of a state license. Section 2 The preamble to this ordinance is hereby incorporated into this ordinance as if fully set out herein. Section 3 Clauses or phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance. Section 4 All ordinances and parts of ordinances in conflict herewith are expressly repealed. This Ordinance shall become effective on day of , 2008. 2 1 1 ADOPTED THI ATTEST: //A 7' DAY OF CLERK OF COUNCIL FIRST READING: _ oO SECOND READING:a ENACTED: a 2008. G:/ EMH/ TYBEE/ORDINANCES/2008/Franchise Fee Cable -Video 01.07.08 3 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, (1$ b rte , 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 114day of �. , ,2008. (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 ie of a r ` d , 2008, which was closed for the purpose(s) of Lat jat t.,m v-) ai7td as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 1 1 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 /44day of g4.11-1.24_4A.1 , 2008. Sworn to and subscribed before M this f Lriti day of , 2008 VIVO. WOODS Notary Public, Chatham County, GA M' Commission Empires May 25, 2009 aayor/Presi • g Officer