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HomeMy Public PortalAbout20081023CCMeeting1 1 1 20081023City Council Minutes Mayor Buelterman called the Consent Agenda to order at 6:35pm. Attending were Mayor Pro Tem Wanda Doyle and Council Members Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also attending were City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning Director Brannyn Allen. Mayor Buelterman listed the Consent Agenda items as follows: City Council Minutes for 9/25/08 City Council Minutes for 10/9/08 City Council Special Meeting Minutes 10/14/08 Special Event Permit for Tybee Christmas Parade with 40 parking passes. - Special Event Permit for New Years Eve Fireworks with waiver of special event fee and 5 parking passes. Alcohol License for Sunday Sales for E. C. Burnsed, Inc. dba Scandals, 1518 Butler Ave. - Budget Adjustment of $8,979.36 from contingency 100 - 9000 -61 -1000 to Recodification Service 100 - 1130 -52 -1110. Appointment of Stephen Palmer to the Ethics Commission. - Palm Tree Planting in C -2 Zone -Ms. Schleicher will utilize grant funds - Appointment of Dick Smith to the Tourism Committee. T V Public Broadcasting: Policy dictating any meetings consisting of public input and or council decisions are televised. GMA Contract for Hotel Motel Tax Audit Mayor Buelterman closed the Consent Agenda. Call to order: Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm. Those present during the Consent Agenda were still in attendance. Invocation and Pledge of Allegiance: Reverend Andy Lamon of the Trinity Chapel United Methodist Church gave the Invocation and everyone recited the Pledge of Allegiance to the Flag. Reports: The Honorable Burke Day and his wife Sally presented House Resolutions: House Resolution # 564 to Former Tybee Mayor Charles J. Hosti presented to his widow Faye Hosti. Prepared 11/25/08vw Page 1 of 6 1 1 1 House Resolution #1974 to Former Tybee Mayor Col. James P. Locklear. Bill Lovett and Jennifer Oetgen of Hussey, Gay, Bell & Deyoung, gave a presentation on the proposed Tiered Water Rates for Tybee. Mr. Lovett explained that the Purpose of the Rate Study was to: • Ensure the Water and Sewer Enterprise Fund Operates Self Sufficiently. • Comply with Georgia EPD Mandated Conservation Orientated Water Rates. • Promote Conservation of Potable Water. • Continue to Maintain the Quality of Services and Protection of the Environment. • Ensure Funding for the Future Expansion of the Waste Water Treatment Plant. Mr. Wolff suggested that hotels on Tybee implement conservation by only changing the bed sheets for multiple night stays at the customer's request and installing low flow shower heads. Ms. Pam O'Brien asked about the proposed increase in capacity to the W/S Plant. Mr. Lovett said it will get us to 1 % Million gallons a day. Ms. O'Brien said in 2001 council was advised to upgrade the plant and council indebted this city for 2.3 Million dollars under Mr. Lovett's advise to get them 1.4 Million gallons a day which was the established capacity for build -out on this island. She said they also spent $250,000 to seal manholes to stop infiltration; $450,000 to overhaul the lift stations; several hundred thousand to reline and repair just about all the sewer lines as well as $200,000 for new aerators. She urged council to back out any portion of the water rate increase for the 5 Million dollar plant expansion and seek a second opinion on the need. Mr. Lovett explained that the plant was not expanded and they did not get additional capacity in that plant. He said they only got more operability. He said they were able to get Tybee a seasonal discharge rate allowing more discharge in the summer. Ms. O'Brien said the minutes from January 23, 2001 have Mr. Lovett responding to the question of what capacity our plant will be able to generate with this upgrade and his response was 1.4 Million gallons a day. Captain Mike Taylor and Lt. Hunter Robinson of the Tybee Island Ocean Rescue gave their end of season report on rescue operations during the summer. Ms. Doyle commended the ocean rescue staff for their hard work. Mr. Wolff requested Capt. Taylor and Lt. Robinson attend the County Commission meeting and give the presentation in order to try and gain support from the county. Mr. Brewer requested that Ms. Schleicher have this presentation put on channel 7 for public information. Prepared 11/25/08vw Page 2 of 6 1 1 Mayor Buelterman thanked the ocean rescue staff for a job well done. He said the community has been extremely complimentary of their efforts. Visitors: Kathryn Williams gave a short presentation on the beach sweep done by Tybee Beautification. She thanked the beach sweep sponsors for their continued support as well as the volunteers. Sandy Major gave the results of the recent Tybee Neighbors survey. Ed Cawley and Cullen Chambers announced the inclusion of Battery Backus on the 2009 places in peril list of the Georgia Trust for Historic Preservation. Mr. Chambers announced a meeting on November 11th at 6:OOpm at the Guardhouse that will include members of the Georgia Trust for Historic Preservation. He said hopefully this meeting will generate dialogue leading to some solutions to saving our historic resources before they continue to be added to these lists. Woody Hemphill announced the Annual Campground Celebration on November 21st. Beth Smith requested that council allow the Garden Club to erect a Blue Star Memorial somewhere in Memorial Park to honor veterans of WWII. She said the marker would only be twelve inches high by twenty inches wide and could be mounted on wood or something like a boulder. Mr. Wolff suggested placing the monument in the area of the garden the Garden Club is planning. Ms. Doyle asked to be part of the planning meetings for this memorial. Disclosures: Mr. Brown and Mr. Smith disclosed that Mr. Yellin acted as their Attorney regarding another piece of property outside of the district over a year ago and they stated that relationship would not influence their judgments regarding Mr. Godbee's petition. Mr. Brewer asked Mr. Hughes if he could participate in the discussions regarding the Ethics Ordinance since there was an unresolved issue going on. Mr. Hughes advised Mr. Brewer that he was able to participate in the discussions and should the subject become uncomfortable for either of them, Mr. Hughes will address it at that time. Public Hearings: Mayor Buelterman opened the Public Hearing on a Zoning Variance (Section 5 -090) from Section 5- 010.K, Prohibit Placing Materials in the Marshlands, Michael Godbee/ Bridge Wetland in unopened Prepared 11/25/08vw Page 3 of 6 1 1 right of way. Lot 121 Miller Ave. PIN 4- 0005- 16 -007A Zone R -2. Ms. Allen said the petitioner is requesting a variance to conduct construction activity within jurisdictional wetlands in order to gain access to his lot. She said this is currently unopened city right of way. Mr. Yellin said this is just the first step and if we are granted a variance we will come back before council with detailed drawings. He said at this point they don't know how they will cross this wetland. He said they believe there are three options; Culverting the ditch; putting in a bridge or pipe the area. He said in 2007 when Mr. Godbee previously came before council there was not a piping system like there is now. The property standing at the corner of Seventh and Miller now has an inlet that was not there in 2007. He said where the ditch used to be has all been filled and has a storm drain on it. He said to the best of his information this was done by the City of Tybee Island. He believes this creates the third option which did not exist in 2007. He said 300 linear feet of pipe has been installed by the city. He said this provides them with an opportunity that was not there before. He said they have three agencies in play and feel that there is a logical order with the first item being approval of the variance by Tybee allowing them to proceed with getting the approvals and permits from the DNR and Corps and the third step being to bring the approvals back to Tybee. He said that way they do not run the risk of getting one approval and losing another one. He said they are aware there may be other variances they will need to come back for in the future. Mr. Hughes asked for the record to reflect clearly that the access issue and if the city were to permit it would not be claimed to be any indication that they were justified or led to believe that they would be granted any additional variance. Mr. Yellin said they absolutely agree to that. Mr. Hughes said people that buy land on an unopened right of way generally have rights if they bought in connection with a deed that makes reference to the right of way. He said most Tybee deeds do. He said in that situation a Municipality gets in a position where they are not going to open the street; they have to consider abandoning it so that it can be offered to the abutting owners and become their property. He said generally the law favors access. He said he feels the city will eventually have to do one or the other. Mr. Brown asked if Mr. Godbee's deed contained reference to the unopened right of way. Mr. Yellin said yes and he believes he is entitled to access. He said the Georgia cases he is familiar with strongly disfavor any property being landlocked. Mr. Hughes said the deed does not make reference to the right of way but it does make a reference to a plat which would show the right of way. Mr. Garbett spoke in opposition to the petition. Mayor Buelterman closed the Public Hearing. Ms. Doyle moved to approve, Mr. Brewer seconded. Mr. Wolff said he couldn't see any council in their right mind granting a variance to fill a healthy tidal marsh so that they could build a house on top of those eco systems. He said it would be counterproductive to approve access other than pedestrian access. Mr. Brewer said what they are allowing is the due process for a person to have the opportunity to explore how he can use his property. He said he sees a road bed where others see marsh and it was constructed and built to be a road that probably was cut with a ditch that is visible now and was probably there when the person bought the property. He said he doesn't believe this is a surprise that there was an intention that Tybee had a roadbed to allow someone to get to their property. He said council decided last week with the Shore Protection Line that they are going to allow these decisions to be put in the hands of people at the DNR and Corps that understand these issues. Mr. Crone said he has been watching the Green Channel and he has seen people build a 10 foot by 10 foot structure to live in. The vote was Doyle, Brewer, Brown, Crone and Smith in favor and Wolff opposed. Prepared 11/25/08vw Page 4 of 6 1 1 1 Zoning Variance (Section 5 -090) from Section 5 -010. J, Shore Protection with Variance Clause. Howard Reeve /variance from Tybee Shore Protection Line for new duplex. 1 Shirley Road PIN 4 -0006- 06-001 Zone R -2. This public hearing was not heard as a result of the approval of the Repeal of the Shore Protection Ordinance on October 9, 2008 which eliminated the need for a variance. Mr. Hughes said there are other issues concerning lot lines and they are trying to figure out how those can be addressed. Business Legally Presented: Consent Agenda: Mr. Wolff moved to approve the Consent Agenda, Mr. Brown seconded. The vote was unanimous. 2nd Reading: Amendment Sec. 4-050 for District Use Regulations, Memorial Park Development PC public parks - conservation district with survey. Mr. Brown moved to approve, Mr. Crone seconded. Mr.. Hughes asked for the record to reflect that the survey will have amended notes consisting of a fence around the playground and A Blue Star Marker donated by the Garden Club, the location of which will come back to council for final approval. The vote was Brown, Crone, Brewer, Doyle and Smith in favor and Wolff opposed. 2nd Reading: FACT Ordinance on identity theft requirements & change of address procedures. Mr. Brewer moved to approve. Ms. Doyle seconded. The vote was unanimous. 2nd Reading: Amendment to Retirement Plan /Pension Committee. Mr. Smith moved to approve. Mr. Brewer seconded. The vote was unanimous. 2nd Reading: Amendment to Sec. 70 -38, Billing of Water Services Ordinance. Mr. Wolff moved to approve. Ms. Doyle seconded. The vote was unanimous. Ms. Doyle asked Mr. Hughes to explain the advantages or disadvantages of having a Commission. Mr. Hughes said it creates a checks and balance system. He said there is the argument of having too many committees but the theory behind having them is to be independent of council to make recommendations. Ms. Doyle asked if it would behoove them to have a process in place for someone qualified to provide training in Ethics, give training to the commission members. Mr. Hughes said the more education you have the better off you are and Ethics is not a simple topic. Mr. Brown asked if it were true that the current commission was not following proper procedure in posting their agenda. Mr. Hughes said yes the agenda's were not being posted 24 hours in advance as required. Mr. Crone said the city was established in 1887 and has gone through until now without having a commission and he isn't aware of any problems that were had while there wasn't a commission. Mr. Smith asked if most cities' Tybee's size have Ethics Commissions. Mr. Hughes said he didn't know but GMA probably would. He said Tybee's Charter has always had a provision prohibiting participation in matters if you've got a financial interest and that was the law even before it was in Tybee's Charter. He said in 96 or 97 is when the program to become a certified city of ethics was initiated and Tybee was one of the first to get into that program. He said the ordinance used as a model did not include a commission. Mayor Buelterman said we were a certified city of ethics before we had the commission. Prepared 11/25/08vw Page 5 of 6 1 1 1 Mr. Wolff said he believes they would have inherent conflicts hearing complaints against themselves. He thinks the more layers we have the more separation of government that deals with this type of issue the better off we will be. Mr. Hughes said the council cannot delegate their authority and therefore are ultimately responsible for determining ethics violations. Mr. Smith asked if Tybee had an Ethics Commission prior to the 42 page Ethics ordinance that is in place now. Mr. Hughes said no. Mr. Brown asked why complaints cannot go to the State Ethics Board. Mr. Hughes said that depends on the nature of the violation because their jurisdiction is limited to certain kinds of conduct. Ms. Doyle asked if the Commission determines a complaint is unsubstantiated would it still have to come to council. Mr. Hughes said while it could still come before council it is not required to. Mr. Smith said he understands what Mr. Wolff is saying concerning them having to judge each other but it comes down to that anyway. Mr. Hughes said the question of whether to have a commission or not is a new issue that has not been previously discussed. Mr. Brewer asked if the Commission or City Council has been trained on this ordinance. Mr. Hughes said the answer would be no. Mr. Brewer said there hasn't been any time invested in training anyone on this ethics ordinance. Mayor Buelterman said the city should stop spending money on this ordinance because it has already cost a lot. He suggested approval of the Revised Ethics Ordinance with the recommendations made by the Ethics Commission and to put it on the next meeting agenda for 1t Reading. Mr. Wolff moved to go into Executive Session to discuss Personnel and Litigation. Mr. Crone seconded. The vote was unanimous. Mr. Wolff moved to end Executive Session. Mr. Brewer seconded. The vote was unanimous. Mr. Wolff moved to adjourn. Mr. Brewer seconded. The vote was unanimous. Vivian O. Woods, Clerk of Council Prepared 11/25/08vw or Jaso Buelterman Page 6 of 6 1 1 1 ORDINANCE NO. 25-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO LAND DEVELOPMENT AND MEMORIAL PARK TO AMEND SECTION 4 -050 OF THE LAND DEVELOPMENT CODE 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, WHEREAS, the Mayor and Council of City of Tybee Island have deemed it important to safeguard the green space and passive space in the area known as Memorial Park and to require public hearings in connection with alterations of use or the construction of any new facilities, buildings, or structures of any type, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the code of ordinances is amended so that Land Development Code Section 4 -050 IPC Public Parks - Conservation District is hereby amended so as to add the following paragraph: Notwithstanding the above - described permitted uses within public parks, special review (Section 5 -070) and site plan approval (Section 5 -080) requirements shall be applicable to any proceedings (to include motions of Council or petitions by the public) to alter the uses currently in existence within the area of Memorial Park that is generally depicted on the diagram attached hereto, so that public hearings in connection with any alteration of structures or the installation or addition of new structures or facilities or uses is required before any construction, building activities or preparation therefore may occur or any new uses permitted. 1 1 1 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accom lish such intention. This Ordinance shall become effective on sa.r day of •eke,°,' , 2008. ADOPTED THIS DAY OF I ¢ ; 2008. ST: kackAG t/0050 CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMI-1/Tybee/Ordinances/2008/Memorial Park Development 08.07.08 1 1 1 ORDINANCE NO. 36-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND TO PROVIDE A NEW ARTICLE , IDENTITY THEFT PREVENTION PROGRAM; TO COMPLY WITH FEDERAL REGULATIONS RELATING TO ADDRESS DESCREPANCIES; TO COMPLY WITH FEDERAL REGULATIONS RELATING TO RED FLAGS AND IDENTITY THEFT; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW WHEREAS pursuant to federal law the Federal Trade Commission adopted Identity Theft Rules requiring the creation of certain policies relating to the use of consumer reports, address discrepancy and the detection, prevention and mitigation of identity theft; WHEREAS the Federal Trade Commission regulations, adopted as 16 CFR § 681.2 require creditors, as defined by 15 U.S.C. § 1681a(r)(5) to adopt red flag policies to prevent and mitigate identity theft with respect to covered accounts; WHEREAS 15 U.S.C. § 1681a(rX5) cites 15 U.S.C. § 1691a, which defines a creditor as a person that extends, renews or continues credit, and defines `credit' in part as the right to purchase property or services and defer payment therefore; WHEREAS the Federal Trade Commission regulations include utility companies in the definition of creditor; WHEREAS the City of Tybee Island is a creditor with respect to 16 CFR § 681.2 by virtue of providing utility services or by otherwise accepting payment for municipal services in arrears; WHEREAS the Federal Trade Commission regulations define `covered account' in part as an account that a creditor provides for personal, family or household purposes that is designed to allow multiple payments or transactions and specifies that a utility account is a covered account; WHEREAS the Federal Trade Commission regulations require each creditor to adopt an Identity Theft Prevention Program which will use red flags to detect, prevent and mitigate identity theft related to information used in covered accounts; WHEREAS the City provides water, sewer, and waste management services for which payment is made after the product is consumed or the service has otherwise been provided which by virtue of being utility accounts are covered accounts; WHEREAS the Federal Trade Commission regulations, adopted as 16 CFR 681.1, require users of consumer credit reports to develop policies and procedures relating to address discrepancies between information provided by a consumer and information provided by a consumer credit company; 1 1 WHEREAS the City of Tybee Island uses consumer credit reports to establish various customer accounts; and WHEREAS the duly elected governing authority of the City of Tybee Island is the Mayor and council thereof; Now therefore be it ordained that the City of Tybee Island adopts the following Identity Theft Prevention Program: SECTION 1 The Code of the City of Tybee Island is hereby amended by adding an Article to be numbered which said Article reads as follows: "Article Identity Theft Prevention Program Section -1. Short Title. This article shall be known as the Identity Theft Prevention Program. Section -2. Purpose. The purpose of this Article is to comply with 16 CFR § 681.2 in order to detect, prevent and mitigate identity theft by identifying and detecting identity theft red flags and by responding to such red flags in a manner that will prevent identity theft. Section -3. Definitions. For purposes of this Article, the following definitions apply: (a) `City' means the City of Tybee Island. (b) `Covered account' means (i) An account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions, such as a credit card account, mortgage loan, automobile loan, margin account, cell phone account, utility account, checking account, or savings account; and (ii) Any other account that the financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks. (c) `Credit' means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefore. 2 1 1 (d) `Creditor' means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit and includes utility companies and telecommunications companies. (e) `Customer' means a person that has a covered account with a creditor. (f) `Identity theft' means a fraud committed or attempted using identifying information of another person without authority. (g) `Person' means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. (h) `Personal Identifying Information' means a person's credit card account information, debit card information bank account information and drivers' license information and for a natural person includes their social security number, mother's birth name, and date of birth. CO `Red flag' means a pattern, practice, or specific activity that indicates the possible existence of identity theft. (j) `Service provider' means a person that provides a service directly to the city. Section -4. Findings (1) The city is a creditor pursuant to 16 CFR § 681.2 due to its provision or maintenance of covered accounts for which payment is made in arrears. (2) Covered accounts offered to customers for the provision of city services include water, sewer, and waste management. (3) The city's previous experience with identity theft related to covered accounts is as follows: None known. (4) The processes of opening a new covered account, restoring an existing covered account, making payments on such accounts, have been identified as potential processes in which identity theft could occur. (5) The city limits access to personal identifying information to those employees responsible for or otherwise involved in opening or restoring covered accounts or accepting payment for use of covered accounts. Information provided to such employees is entered directly into the city's computer system and is not otherwise recorded. (6) The city determines that there is a moderate risk of identity theft occurring in the following ways, if any: a. Use by an applicant of another person's personal identifying information to establish a new covered account; b. Use of a previous customer's personal identifying information by another person in an effort to have service restored in the previous customer's name; c. Use of another person's credit card, bank account, or other method of payment by a customer to pay such customer's covered account or accounts; and d. Use by a customer desiring to restore such customer's covered account of another person's credit card, bank account, or other method of payment. 3 1 1 1 Section -5. Process of Establishing a Covered Account. (1) As a precondition to opening a covered account in the city, each applicant shall provide the city with personal identifying information of the customer consisting of a valid government issued identification card containing a photograph of the customer, or for commercial accounts or non - natural persons, a photograph of the customer's agent opening the account. Such applicant shall also provide any information necessary for the department providing the service for which the covered account is created to access the applicant's consumer credit report. Such information shall be entered directly into the city's computer system and shall not otherwise be recorded. (2) Each account shall be assigned an account number and personal identification number (PIN) which shall be unique to that account. The city may utilize computer software to randomly generate assigned PINs and to encrypt account numbers and PINs. Section -6. Access to Covered Account Information. (1) Access to customer accounts shall be password protected and shall be limited to authorized city personnel. (2) Such password(s) shall be changed by the director of the department providing the service or the finance department, as appropriate, or his/her designee on a regular basis, shall be at least 8 characters in length and shall contain letters, numbers and symbols. (3) Any unauthorized access to or other breach of customer accounts is to be reported immediately to the City Manager and the password changed immediately. (4) Personal identifying information included in customer accounts is considered confidential and any request or demand for such information shall be immediately forwarded to the City Manager and the City Attorney. Section -7. Credit Card Payments. (1) In the event that credit card payments that are made over the Internet are processed through a third party service provider, such third party service provider shall certify that it has an adequate identity theft prevention program in place that is applicable to such payments. (2) All credit card payments made over the telephone or the city's website shall be entered directly into the customer's account information in the computer data base. (3) Account statements and receipts for covered accounts shall include only the last four digits of the credit or debit card or the bank account used for payment of the covered account. Section -8. Sources and Types of Red Flags. All employees responsible for or involved in the process of opening a covered account, restoring a covered account or accepting payment for a covered account shall check for red flags as indicators of possible identity theft and such red flags may include: 4 1 1 (1) Alerts from consumer reporting agencies, fraud detection agencies or service providers. Examples of alerts include but are not limited to: a. A fraud or active duty alert that is included with a consumer report; b. A notice of credit freeze in response to a request for a consumer report; c. A notice of address discrepancy provided by a consumer reporting agency; d. Indications of a pattern of activity in a consumer report that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as: i. A recent and significant increase in the volume of inquiries; ii. An unusual number of recently established credit relationships; iii. A material change in the use of credit, especially with respect to recently established credit relationships; or iv. An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor. (2) Suspicious documents. Examples of suspicious documents include: a. Documents provided for identification that appear to be altered or forged; b. Identification on which the photograph or physical description is inconsistent with the appearance of the applicant or customer; c. Identification on which the information is inconsistent with information provided by the applicant or customer; d. Identification on which the information is inconsistent with readily accessible information that is on file with the financial institution or creditor, such as a signature card or a recent check; or e. An application that appears to have been altered or forged, or appears to have been destroyed and reassembled. (3) Suspicious personal identification, such as suspicious address change. Examples of suspicious identifying information include: a. Personal identifying information that is inconsistent with external information sources used by the financial institution or creditor. For example: i. The address does not match any address in the consumer report; or ii. The Social Security Number (SSN) has not been issued, or is listed on the Social Security Administration's Death Master File. b. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer, such as a lack of correlation between the SSN range and date of birth. c. Personal identifying information or a phone number or address, is associated with known fraudulent applications or activities as indicated by internal or third -party sources used by the financial institution or creditor. d. Other information provided, such as fictitious mailing address, mail drop addresses, jail addresses, invalid phone numbers, pager numbers or answering services, is associated with fraudulent activity. e. The SSN provided is the same as that submitted by other applicants or customers. f. The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of applicants or customers. 5 1 g. The applicant or customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete. h. Personal identifying information is not consistent with personal identifying information that is on file with the financial institution or creditor. i. The applicant or customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report. (4) Unusual use of or suspicious activity relating to a covered account. Examples of suspicious activity include: a. Shortly following the notice of a change of address for an account, city receives a request for the addition of authorized users on the account. b. A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example: i. The customer fails to make the first payment or makes an initial payment but no subsequent payments. c. An account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example: i. Nonpayment when there is no history of late or missed payments; ii. A material change in purchasing or spending patterns; d. An account that has been inactive for a long period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors). e. Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's account. f. The city is notified that the customer is not receiving paper account statements. g. The city is notified of unauthorized charges or transactions in connection with a customer's account. h. The city is notified by a customer, law enforcement or another person that it has opened a fraudulent account for a person engaged in identity theft. (5) Notice from customers, law enforcement, victims or other reliable sources regarding possible identity theft or phishing relating to covered accounts. Section -9. Prevention and Mitigation of Identity Theft. (1) In the event that any city employee responsible for or involved in restoring an existing covered account or accepting payment for a covered account becomes aware of red flags indicating possible identity theft with respect to existing covered accounts, such employee shall use his or her discretion to determine whether such red flag or combination of red flags suggests a threat of identity theft. If, in his or her discretion, such employee determines that identity theft or attempted identity theft is likely or probable, such employee shall immediately report such red flags to his/her superior. If, in his or her discretion, such employee deems that identity theft is unlikely or that reliable information is available to reconcile red flags, the employee shall convey this information to his/her superior, who may in his or her discretion determine that no further action is necessary. If the superior in his or her discretion determines that further action is 6 1 necessary, a city employee shall perform one or more of the following responses, as determined to be appropriate by him/her: a. Contact the customer; b. Make the following changes to the account if, after contacting the customer, it is apparent that someone other than the customer has accessed the customer's covered account: i. change any account numbers, passwords, security codes, or other security devices that permit access to an account; or ii. close the account; c. Cease attempts to collect additional charges from the customer and decline to sell the customer's account to a debt collector in the event that the customer's account has been accessed without authorization and such access has caused additional charges to accrue; d. Notify a debt collector within 24 hours of the discovery of likely or probable identity theft relating to a customer account that has been sold to such debt collector in the event that a customer's account has been sold to a debt collector prior to the discovery of the likelihood or probability of identity theft relating to such account; e. Notify law enforcement, in the event that someone other than the customer has accessed the customer's account causing additional charges to accrue or accessing personal identifying information; or f. Take other appropriate action to prevent or mitigate identity theft. (2) In the event that any city employee responsible for or involved in opening a new covered account becomes aware of red flags indicating possible identity theft with respect an application for a new account, such employee shall use his or her discretion to determine whether such red flag or combination of red flags suggests a threat of identity theft. It in his or her discretion, such employee determines that identity theft or attempted identity theft is likely or probable, such employee shall immediately report such red flags to his/her superior. If, in his or her discretion, such employee deems that identity theft is unlikely or that reliable information is available to reconcile red flags, the employee shall convey this information to his/her superior, who may in his or her discretion determine that no further action is necessary. If the superior determines that further action is necessary, a city employee shall perform one or more of the following responses, as determined to be appropriate by the superior: a. Request additional identifying information from the applicant; b. Deny the application for the new account c. Notify law enforcement of possible identity theft; or d. Take other appropriate action to prevent or mitigate identity theft. Section -10. Updating the Program. The city council shall annually review and, as deemed necessary by the council, update the Identity Theft Prevention Program along with any relevant red flags in order to reflect changes in risks to customers or to the safety and soundness of the city and its covered accounts from 7 1 1 1 identity theft. In so doing, the city council shall consider the following factors and exercise its discretion in amending the program: (1) The city's experiences with identity theft; (2) Updates in methods of identity theft; (3) Updates in customary methods used to detect, prevent, and mitigate identity theft; (4) Updates in the types of accounts that the city offers or maintains; and (5) Updates in service provider arrangements. Section -11. Program Administration. The City Manager is responsible for oversight of the program and for program implementation. The City Manager is responsible for reviewing reports prepared by staff regarding compliance with red flag requirements and with recommending material changes to the program, as necessary in the opinion of the City Manager, to address changing identity theft risks and to identify new or discontinued types of covered accounts. Any recommended material changes to the program shall be submitted to the city council for consideration by the council. (1) The Head Finance Officer will report to the City Manager at least annually, on compliance with the red flag requirements. The report will address material matters related to the program and evaluate issues such as: a. The effectiveness of the policies and procedures of city in addressing the risk of identity theft in connection with the opening of covered accounts and with respect to existing covered accounts; b. Service provider arrangements; c. Significant incidents involving identity theft and management's response; and d. Recommendations for material changes to the Program. (2) The City Manager is responsible for providing training to all employees responsible for or involved in opening a new covered account, restoring an existing covered account or accepting payment for a covered account with respect to the implementation and requirements of the Identity Theft Prevention Program. The City Manager shall exercise his or her discretion in determining the amount and substance of paining necessary. Section -12. Outside Service Providers. In the event that the city engages a service provider to perform an activity in connection with one or more covered accounts the City Manager shall exercise his or her discretion in reviewing such arrangements in order to ensure, to the best of his or her ability, that the service provider's activities are conducted in accordance with policies and procedures, agreed upon by contract, that are designed to detect any red flags that may arise in the performance of the service provider's activities and take appropriate steps to prevent or mitigate identity theft." 8 1 1 1 SECTION II The Code of the City of Tybee Island is hereby amended by adding an Article to be numbered which said Article reads as follows: "Article Treatment of Address Discrepancies. Section -1. Short Title. Treatment of Address Discrepancies. Section -2. Purpose. Pursuant to 16 CFR § 681.1, the purpose of this Article is to establish a process by which the city will be able to form a reasonable belief that a consumer report relates to the consumer about whom it has requested a consumer credit report when the city has received a notice of address discrepancy. Section -3. Definitions. For purposes of this article, the following definitions apply: (1) `Notice of address discrepancy' means a notice sent to a user by a consumer reporting agency pursuant to 15 U.S.C. § 1681(c)(h)(1), that informs the user of a substantial difference between the address for the consumer that the user provided to request the consumer report and the address(es) in the agency's file for the consumer. (2) `City' means City of Tybee Island. Section -4. Policy. In the event that the city receives a notice of address discrepancy, the city employee responsible for verifying consumer addresses for the purpose of providing the municipal service or account sought by the consumer shall perform one or more of the following activities, as determined to be appropriate by such employee: (1) Compare the information in the consumer report with: a. Information the city obtains and uses to verify a consumer's identity in accordance with the requirements of the Customer Information Program rules implementing 31 U.S.C. § 5318(1); b. Information the city maintains in its own records, such as applications for service, change of address notices, other customer account records or tax records; or c. Information the city obtains from third -party sources that are deemed reliable by the relevant city employee; or (2) Verify the information in the consumer report with the consumer. 9 1 Section -5. Furnishing Consumer's Address to Consumer Reporting Agency. (1) In the event that the city reasonably confirms that an address provided by a consumer to the city is accurate, the city is required to provide such address to the consumer reporting agency from which the city received a notice of address discrepancy with respect to such consumer. This information is required to be provided to the consumer reporting agency when: a. The city is able to form a reasonable belief that the consumer report relates to the consumer about whom the city requested the report; b. The city establishes a continuing relation with the consumer, and c. The city regularly and in the ordinary course of business provides information to the consumer reporting agency from which it received the notice of address discrepancy. (2) Such information shall be provided to the consumer reporting agency as part of the information regularly provided by the city to such agency for the reporting period in which the city establishes a relationship with the customer. Section -6. Methods of Confirming Consumer Addresses. The city employee charged with confirming consumer addresses may, in his or her discretion, confirm the accuracy of an address through one or more of the following methods: (1) Verifying the address with the consumer; (2) Reviewing the city's records to verify the consumer's address; (3) Verifying the address through third party sources; or (4) Using other reasonable processes. Section 3 The preamble to this ordinance is hereby incorporated into this ordinance as if set out fully herein. Section 4 All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on the( of v ° 2008. 1 10 1 1 1 ADOPTED THIS "411)" DAY OF ATTEST: z .1 11 A .Ili CLERK OF COUNCIL FIRST READING: l� /9/o3 OC.t5 ee,t y 2008. SECOND READING: r C�cz3 C/tJ ENACTED: /0 3/0 GATYBEE\ORDINANCES120081FACf Act - Identity Theft 10.01.08 11 1 1 1 ORDINANCE NO. 34-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 200 -10 -1 OF THE PENSION ORDINANCES 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 Section 200 -10-1 of the Pension Ordinances dealing with creation and composition of the Pension Committee for the City, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Section 200 -10 -1 of the Pension Ordinances of the Code of Ordinances of the City of Tybee Island is hereby amended so as remove the present section entirely and to insert in lieu thereof the following: SECTION I Section 200 -10 -1 CREATION AND COMPOSITION There is hereby created a Pension Committee which shall be composed of the following: a. Clerk of Council (City Clerk). b. City Manager. c. Finance Officer of the City. d. Human Resources Administrator. e. Two (2) active City employees appointed by the Mayor and Council. f. One (1) member of the Mayor and Council designated by the Mayor and Council. In the event the title of a position on the Pension Committee should change, an amendment to the ordinance shall not be necessary but, rather, such position shall be held and filled by the, individual with the most similar job description. 1 1 1 SECTION II IT IS ORDAINED by the governing authority of the City of Tybee Island, that the Adoption Agreement Ordinance of the City's Pension Plan is amended so as to state that the Pension Committee as designated in the Adoption Agreement shall be: a. Clerk of Council (City Clerk). b. City Manager. c. Finance Officer of the City. d. Human Resources Administrator. e. Two (2) active City employees appointed by the Mayor and Council. f. One (1) member of the Mayor and Council designated by the Mayor and Council. In the event the title of a position on the Pension Committee should change, an amendment to the ordinance shall not be necessary but, rather, such position shall be held and filled by the individual with the most similar job description. The Mayor and Clerk of Council are authorized to sign and attest a revised Adoption Agreement Ordinance making this change without further action of Council. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,. Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall bec* a effective on �` day of ( l )t. , , 2008. ADOPTED THI DAY OF CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: E MHrrYBEE /0RDINANCES/2008/Pension Plan Amend 09.22.08 1 1 ORDINANCE NO. 37 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 70-38 TO PROVIDE FOR BILLING OF WATER SERVICES FOR THE CITY OF TYBEE ISLAND, GEORGIA An ordinance to amend the Code of Ordinances for the City of Tybee Island, Georgia, to provide for billing of water services for the City of Tybee Island. Now therefore, be it ordained that the Code of Ordinances, City of Tybee Island, Section 70-38 is hereby amended so as provide as follows: (a) Bills for water service shall be rendered promptly following the determination of usage and shall be due and payable at the city cashier's office at City Hall no later than twenty (20) days from the date of billing. Billing on each account shall occur monthly. Bills shall state the separate charge for water service, the charge for sewer service and the total thereof. Bills shall be declared delinquent if not paid within twenty-five (25) days following the date of billing. (b) Water service may be discontinued whenever the total billing for water service, sewer service, and sanitation service (if included in the utility billing) is not paid in full and received at the city cashier's office on the due date. An exception to this provision is when the amount is equal to or less than one delinquency fee. If a customer disputes a bill, the customer shall give notice in writing and request a hearing before the due date of the bill. In such cases where notice by the customer is received, the designated representative of the City shall notify the customer of the date and time of the hearing during normal working hours. If a customer who has disputed a bill does not appear for the hearing, termination of service shall be authorized. The procedure pursuant to this subsection shall not be required when there is unauthorized use of water services. For purposes of this subsection, it shall be the duty of any user who is other than a customer, or any customer whose address shall be other than that shown on the application for water service to amend or file a new application for water service to reflect the name and/or address to which notice pursuant notice to this subsection should be transmitted. When any service is discontinued due to delinquency, it shall not be restored until the delinquent bill is paid in full, including a service charge. A delinquency fee of S 15.00 shall be charged if the bill is not paid within twenty -five (25) days of the date of billing. A flat fee of 1 1 1 $35.40 shall be charged when service is resumed after normal working hours. The delinquency fee may be waived by the City Manager only in cases when a sworn affidavit is provided by the utility customer that no billing was received due to circumstances beyond their control. (c) The City shall be authorized to require a deposit following a credit check of an applicant for service. In the event service is terminated at a customer's request, any balance remaining on a deposit may be refunded to the customer provided the customer has provided notice to discontinue service and a forwarding address. In the event services are not paid when due, services will be applied against the deposit and, in the event a balance remains due thereafter, such balance shall be billed to the customer. (d) Tiered Rate Structure. The City is authorized to impose a tiered rate structure based on image. A specific tiered structure shall be approved by the Mayor and Council by resolution and a copy of such resolution shall be maintained on file in the Office of the Clerk and in the Office of the Finance Officer of the City. (e) Deposits. The City will require a deposit on new accounts for water and sewer services. The deposit amount on new accounts will be $200.00 for residential service and $500.00 for commercial service. For commercial service, the customer may request review after a period of 12 months of billings and, if appropriate, the rate will be reduced to the average billing. (f) Notice of Rate Adjustments. The City shall provide for notice to affected customers of rate increases thirty (30) days prior to the effective date of any rate change. However, a customer's failure to receive such notice shall not impair nor delay an increase. The City may choose to give notice in the same manner in which billing occurs, on the billing itself, or in any other manner determined by the City to be reasonably effective in notifying customers. This Ordinance shall become effective on day of ()C1(75-ef.t, 2008. 2 1 1 1 ADOPTED THI DAY OF A rcEST: CLERK OF COUNCIL 2008. FIRST READING: ~�_ q jo SECOND READING: �ff ENACTED: 71:2/2 Ce G:1EMHIORDINANCESI$filling Water -Sewer Services 10.03.08 3 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 7Q$6 vt 14,e.1 kr rru» , who after being duly sworn, deposes, and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the 16 "day of ® , 2008. (2) That it is my understanding that O.C.G.A. §50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject1matter of the closed meeting or closed portion of the meeting held on the 2,'j of , 2008, which was closed for the purpose(s) of tatjatLO tos . as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. This 2.$ day of (, ! , 2008. Sworn to and subsc'bed before Me this day of 2008 VIVIAN WOODS a r,� Wary Public, Chtlhem County, a RAy Commission ExpireP flay 2b, 2C9 1 ayor/Presi mg Officer