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HomeMy Public PortalAbout20081211CCMeeting1 1 1 20081211 City Council Minutes Mayor Buelterman called the Consent Agenda to order at 6:30pm. Council members present were Mayor Pro Tem Doyle, Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning and Economic Development Director Brannyn Alien. Mayor Buelterman listed the following items on the Consent Agenda: Special Events Application: Mardi Gras /Tybee Fest, February 21, 2009, Request for waiver of fees associated with the use of roundabout and Tybrisa Street Closure not to exceed $1,036. City Council Minutes for 10/23/08 City Council Minutes for 11/18/08 City Council Minutes for 12/04/08 Bike Friendly Designation for Tybee -Tybee will join City of Savannah in their application for a partial fee of $400 from Line item 100- 1110 -52 -3501. Rejection of Ante Litem Notice: J. Counihan Mayor Buelterman adjourned the Consent Agenda. Mayor Buelterman called the regular meeting to order at 7:OOpm. Those at the consent agenda were also in attendance for the regular meeting. Reverend Eddie Adkins gave the invocation and everyone recited the Pledge of Allegiance to the Flag. Mayor Buelterman expressed gratitude for gifts received for the Mayor's Christmas Motorcade. Mayor Buelterman congratulated Friends of Tybee Theater for receiving a $20,000 Grant from the State. Mayor Buelterman announced completion of the Beach Renourishment. Mayor Buelterman invited everyone to Lights on for Tybee on December 12th at 6:30 and the Christmas Parade on the 13th at 3:00. Mayor pro tem Doyle announced the receipt of a Tybee Island Historical Preservation Award for 2008; presented to the City of Tybee Island for New Construction on Tybrisa Street and the Strand. She thanked the Historical Society for the award. Mayor Buelterman presented a proclamation to Gerald Wells, Sr. in honor of his retirement from the city on December 7, 2008. Janice Elliott presented Mr. Wells with a pen set from the city in appreciation for his 22 years of service. Prepared 01/05/09vw Page 1 of 14 1 1 1 Chief Sasser presented a gift from the Fire Department in appreciation for Mr. Wells's dedication and service in making sure their equipment was repaired and in good working order. Visitors were: Dr. Freddie Gilyard, Principle of 50l C. Johnson High School gave an update on progress at the school. She said they are celebrating their 50th year this year. Councilman Dick Smith recognized Grady Newton and his father Chris; He said Grady is a star scout from troop 76 who was attending the city council meeting in order to fulfill some of the qualifications for earning a badge in Citizenship and Community. Mr. George Walker requested a waiver of permit fees for the Alcoholic Beverage License for the American Legion Post 154. Ms. Lawanna Tsoulos encouraged the council to continue working on a noise ordinance. She requested that they work on a solution and ordinance that is fair to the people who try to make their homes here and is fair to the business community. Dr. Dee Tsoulos requested relief be given to the citizens and residents of this island from the noise and disturbances violating the rights of citizens for the peaceful and quiet enjoyment of their homes. He said the peaceful paradise of living on Tybee can be destroyed without adequate controls on certain types of businesses. He requested relief from the disturbance of noise after an appropriate and sensible time at night. Ms. Carolyn Jurick of TIRPOA announced a Christmas party for the Savannah Beach Nursing Home on Thursday, December 18th. She said they will purchase calendars and wall clocks for residents. She said any money left over will be used to purchase umbrellas for their patio area. Mr. Edwin Longwater said Tybee's economy is driven by the Tourist Industry. He said that is one of the most environmentally friendly industries of all. He said if you take away the music suddenly we will not be as attractive. He said even though individual rights are important, what is good for the community as a whole far outweighs that of an individual. He asked Council to please let Tybee continue to be prosperous, friendly and above all fun. He requested council get rid of the noise ordinance. Mr. John Cook said as he understands the rates presented tonight there will be a 100% increase by January 1, 2010. He requested justification as to why the city has to do that. He said the property owners have no other recourse than to pass the increase onto the people that come down here to rent. He requested the city divide the rate out and let everyone absorb the rate increase equally. He feels this increase is discriminatory against people renting their houses. Prepared 01/05/09vw Page 2 of 14 1 1 1 He said the people that rent their homes short term are the people that bring in the tourists and the revenue. Ms. Freda Rutherford spoke in support of the water rate increase. She thinks if the increase will promote conservation than it's a good thing and appreciates council taking this on. Ms. Rutherford appealed to council to retain the Ethics Commission. She said when a citizen had a complaint there was no place to take it. She said when the Audit Committee was newly formed they started getting complaints from people who had gone everywhere trying to get someone to listen. She said they determined that would be operating outside of their function and would be inappropriate for them to address complaints and the Ethics Board spun off from that. She said the cap on campaign contributions is important and something people have come to understand. Ms. Jenny Orr requested thirty days for the business owners to review the South End Policies and Procedures. She said she received her copy of them today and doesn't think that is an appropriate amount of time. She said she is not opposed but she hasn't had a chance to read it. Ms. Lawanna Tsoulos addressed the alcohol license for Huc -a -poos and said they do not object to the business being there but they object to the problems associated with the business. Dr. Tsoulos requested council provide relief to his wife, his neighbors and himself from periodic violent assaults with noise and other disturbances that they sustain from a business establishment which has gone out of control. He defined Huc -a -poos as a public nuisance and blight on the established neighborhood in which it inserted itself. He said from a Deli it has become a late night gathering place from which loud music awakens its neighbors after 10:30pm and up until 2:OOam. He requested a stipulation of no music outdoors be put on their entertainment license and that a screened porch be considered outdoors. Disclosures / Recusals: Mr. Brewer recused himself from discussion and voting on the Alcohol & Entertainment license for Eleven06 Restaurant because his son is an owner. Mr. Brewer recused himself from discussion and voting on the South End Policies and Procedures because he owns property there. Mr. Brewer and Mr. Wolff disclosed their business interest and requested recusal appeals in order to participate in the Short Term Rental Properties discussion regarding the water /sewer rates for short term rentals. Mr. Brown moved to allow Mr. Brewer to participate and vote on the w/s rate structure. Ms. Doyle seconded. The vote was Brown, Doyle, Crone, Smith and Wolff in favor. Prepared 01/05/09vw Page 3 of 14 1 1 1 Ms. Doyle moved to allow Mr. Wolff to participate and vote on the w/s rate structure. Mr. Smith seconded. The vote was Doyle, Smith, Brewer, Brown and Crone in favor. Mayor Buelterman disclosed friendly relationships with the owners of Huc -a -Poo's and Stingray's. Mr. Crone recused himself from voting on the Beer /Wine License for all of the Chu's Convenience Marts because of his employment with that establishment. Mr. Brown disclosed friendships with all the business owners applying for alcohol licenses. Business Legally Presented: Consent Agenda Items: Mr. Wolff moved to approve. Mr. Brown seconded. The vote was unanimous. Proposed Water and Sewer Rates: Mr. Wolff motioned to adopt Option II, Phase I of the rate plan shown for January 1, 2009 and to monitor and review the rate structure during the budget review for fiscal year 2010 before implementing steps 2 and 3. Ms. Doyle seconded. Mr. Wolff said they backed out the waste water treatment plant expansion and also the cell tower lease revenue which was dedicated for green space by the council before last. He said that is the only money they have to preserve sensitive areas on the island and is used . to improve natural areas such as bike and nature trails and match grant funding that is available for improvement or acquisition of those features for the island. He said it doesn't fit one of the basic reasons we are doing this rate change being that the water sewer fund needs to be independent of any other funding. Mr. Brown asked why the increase couldn't be implemented over more than a two year period in order to help people during this economic down time. Mr. Lovett said they were trying to get the city into the black so when the city applies for their GEFA loan for the waste water treatment plant expansion, they would look favorably on your rates, but council can do anything they want to do. Mr. Brown asked if it was true the city was not processing the same amount of water that they were several years ago. Mr. Lovett said that is right and the discharge from the waste water treatment plant over the summer months was significantly lower than 2007. Mr. Wolff said his proposal is $3.00 less than the rate proposed at the last meeting based on not doing the improvements to the water treatment plant which will cost 5 million dollars. He said the only way it will work and the city will not have to do the upgrade, is if everyone on the island conserves. Ms. Doyle said her concern is for the short term rentals and the B & B's being treated as commercial. She said she would like them treated as residential with us going back and taking another look after six months. Mr. Brown said he understands the six month period in order to allow some data to come in on the new meter reading system but he doesn't understand why they can't implement the increases over Prepared 01/05/09vw Page 4 of 14 1 1 1 a three or four year period. Mr. Lovett said they can. He said the only thing they must do is implement a tiered rate structure and submit it to EPD. Mr. Brewer said based on the amount of data they have now he doesn't think it is a wise and prudent decision to put a large burden on the residents. He said having a water tower which is a structure associated with the water system and not taking the revenue that the structure generates and putting it against the water costs means we are siphoning money off of the water system for some other pet project. He said as far as having a rate designed for encouraging conservation, when you have a customer who is already using so much for twelve weeks and then not using any water in many cases for the remaining period that already is a water efficient operation. He agreed with putting in a basic tiered rate structure and reviewing it in six months. He said once they have had six or eight months of data they will feel more confident. Ms. Doyle asked if Mr. Wolff would consider amending his motion for the short term rental and B & B's to stay the way they are now until May. Mr. Wolff said he owns a B &B and when it is occupied with six people he still uses Tess than 3,000 gallons a month because of low flow showerheads and aerators on faucets as well as having educational material in his rental unit letting people know about the importance of conserving and what the local issues are. Mr. Smith said the proposed rate increase does not include the money needed for the plant expansion. Mayor Buelterman said he requested that amount be removed because of the questions regarding the necessity of expanding the plant. Mr. Smith said it's been proposed for a year and he doesn't know why it isn't necessary now. Mr. Wolff amended his motion to exclude the differential on short term rentals but not B &B's. Ms. Doyle seconded the amended motion. The vote was 4 in favor with Wolff, Doyle, Brewer and Crone voting in favor and Brown and Smith opposed. Garbage Cart Rate Change based on Waste Pro's Contract Amendment: Mr. Wolff said he would rather keep the cost of the second cart higher to encourage recycling because anyone can do any amount of recycling for $3.02 a month. He said that is the way we are going to reduce our solid waste stream. He said since Waste Pro bills the city; can't the city just take that $48,490.16 and divide it by the number of 1st carts and lower everyone's bill by that much for their 1st cart. Mr. Hughes said he believes the city has a legal right to do that but he doesn't know operationally how big a task that would be. Ms. Schleicher said the 1st cart numbers stay the same but the 2nd cart numbers fluctuate. Mr. Wolff moved to take the monthly savings to the city and divide it by the number of 1st cart's on the island and to reduce the rate on the 1st cart by that amount and leave the rate on the 2nd and additional carts the same. Mr. Brown seconded. Mr. Wolff amended his motion to ask staff to come back with numbers to reduce the price of the 1st cart and leave the 2nd and additional carts the same. Mr. Brown accepted the amendment. Ms. Schleicher explained that Waste Pro's motivation is to encourage people to get additional carts and she is not sure she will be able to negotiate a contract under these circumstances. The vote was Wolff, Brown, Crone and Doyle in favor and Brewer and Smith opposed. Prepared 01/05/09vw Page 5 of 14 1 1 1 Employee Survey - Ken Chapman and Associates $1,000: Ms. Doyle moved to approve. Mr. Wolff seconded. Mr. Smith said he doesn't see why we are paying $1,000 for an employee survey to give us the same results we already have. Mr. Crone offered to pay the fee out of his City Official Travel Budget. Mr. Brown said he volunteered earlier to forfeit a month of his council pay to pay for this survey. Ms. Doyle amended her motion to approve the employee survey and pay for it with $1,000 from Mr. Crone's travel budget # 100 - 1110 -52 -3505. Mr. Wolff seconded the amended motion. The vote was Doyle, Wolff, Brewer, Brown and Crone in favor and Smith opposed. Memorandum of Understanding between City of Tybee Island and Georgia Department of Transportation for CSiEE- 0008 - 00(997) Historic Butler Avenue Pedestrian Safety Project -Grant Share ($125,000) and City's Share ($69,154) Budget line item 100 - 4210 -54 -1410: Ms. Schleicher said it will enhance pedestrian safety and add Palm Trees. Mayor Buelterman asked when the deadline was. Ms. Schleicher answered now. She said we have already applied and been awarded the grant but this locks up the funds for Tybee. Mayor Buelterman said we will get public input before a decision is made. Ms. Schleicher said the plan is conceptual and will come back for public input and traffic studies. Mr. Brown said this is the way it used to be years ago and it created a bottleneck. He asked why the Mayor thought it wouldn't do that now. Ms. Schleicher said they can have four lanes with a median or go down to two lanes with a median and angled parking. She said preliminary numbers showed a gain of over thirty parking spaces but there was no engineering involved with determining those numbers so they are very rough. Mr. Brewer moved to approve Grant. Mr. Wolff seconded. The vote was Brewer, Wolff, Crone, Doyle and Smith in favor and Brown opposed. Revised South End Business District Policies and Procedures: Mr. Crone said he just received his copy to review and needs more time to read it. He doesn't think they need to do anything with it tonight. Mr. Brown asked if the Condo owners will used the compactor or will they be allowed to retain their garbage containers and put them on the Street for pickup. Ms. Schleicher said yes the condo owners will keep their garbage containers but Fannie's will be allowed to keep theirs too in order to be fair and that's because she has a place to store them off of the street. Mr. Wolf said he doesn't agree with requiring the business owners to stack the tables and chairs at the close of business each day and believes they should be left out for the public to use if they are out of the line of traffic. He said he personally believes if someone owns the space in front of their building they should be allowed to have vending machines. He said on page 6 where it says sidewalks must be washed down and cleaned on a daily basis; he recommended washed down be changed to swept. Ms. Schleicher said the vending machine prohibition is in the ordinance so council can direct staff on how to proceed if they want that changed. Prepared 01/05/09vw Page 6 of 14 1 Ms. Doyle requested they be allowed at least thirty days to review this policy. She said we have someone that is supposed to be a liaison with the businesses and it may take going door to door and walking the street to talk to the owners. She said she knows Ms. Morton has been doing this but wants to allow an additional thirty days to continue. She said she appreciates the job she has been doing. Ms. Allen said she would appreciate any ideas on how staff can reach businesses. Mr. Brown suggested any time there are changes being proposed there should be a registered letter sent to the business owners to notify them of the proposed changes. He said the return receipt would show proof of notification. Ms. Doyle said she doesn't know what the answer is but things work a little different on Tybee and we just have to keep playing along and calling the meetings is great and so are the e- mails. She said going out and sitting down with business owners is good and we will do what we have to do. Mr. Smith said he received his package on Tuesday and doesn't know what everyone else is talking about. He said he understands some of the business owners don't have it but they need to nail down the compactor charge tonight. Mayor Buelterman asked if they needed to nail down the compactor rate tonight. Ms. Schleicher said she thinks they should because they are using an old Waste Management rate and the South End Policy basically says who should pay it and who shouldn't. She said they have worked really hard on it and listened to the businesses. She said it addresses all the concerns. Mayor Buelterman asked if they could address the compactor issue separately. Ms. Schleicher said its all one thing. Mayor Buelterman asked Ms. Schleicher to quantify putting off approval of the policy and procedures for an additional thirty days with an amount. Ms. Schleicher said about $3,000. Mr. Smith moved to accept the South End Policy and Procedures as presented tonight including the rate for the compactor. The motion died for lack of a second. Mr. Wolff moved to adopt page 10 relating to trash collection and implement as soon as staff can make it happen and they set the rate at the recommended amount of $22.28 /Cart/Month (not including surcharge) for compactor use. Ms. Doyle seconded. Mr. Brown said it is his understanding that if approved this will mean the city is no longer subsidizing the compactors. Ms. Schleicher said she believes this will make us breakeven but she wants to go through a full season and do an analysis and bring it back to council. The vote was Wolff, Doyle, Brown and Crone in favor and Smith opposed. Brewer recused himself. Mayor Buelterman said it is his understanding the rest of the policy and procedures will come back at the 1st or 2 "d meeting in January based on how they want to handle it. GMA Lease Program: Emergency Sirens ($123,078 @ 3.22% for a three year lease) and Datamatic Water Meters project ($627,456 @ 3.05% for a 5 year lease) Budget line items 100- 3920 -54- 2505 and 505 - 4401 -54 -2501: Mr. Smith moved to approve. Mr. Wolff seconded. Mr. Brown asked if the Sirens were paid for. Ms. Schleicher said yes. Mr. Brown asked if we were going to hock them for money and if so what would the money be spent on. Ms. Schleicher said they had always planned to lease the Sirens and you cannot put them on a GMA lease until you have Prepared 01/05/09vw Page 7 of 14 1 1 1 paid for them outright. Mr. Brown said he felt there would be items coming up that would be more important than Sirens and would require leases. He asked if they could wait and use the leases to purchase Grit Removal Equipment and other stuff. Ms. Schleicher said generally you would not put drainage or infrastructure items on a lease because those are not capital items. She said you would get a GEFA loan for that because those are not tangible items they can take with them. Mr. Wolff asked if increasing our indebtedness by the amount of both the Sirens and Datamatic Meters would reduce our ability to borrow money from GEFA for Water and Sewer projects, because we can get a lower rate on W/S projects, because of our Water First certification, than we are getting on these. Ms. Schleicher said the Sirens do not qualify for a GEFA loan. Mr. Wolff said he wants to insure we are not going into a level of indebtedness that will preclude our getting more loans to fund needed drainage projects. Ms. Schleicher said no. Ms. Schleicher said the reason to do the leases is to increase cash flow. She reminded them the Grit Separator and Odor Control is scheduled to be done on a GMA lease and is coming next month. Mr. Smith asked if they had planned to lease both items during the budget discussions. Ms. Schleicher said they actually planned to only do one, but they decided to do the Datamatic Meters because they bundled a lot of small items like trucks and vehicles; and instead of having a whole bunch of vehicles packaged on GMA leases it seemed smarter to have one big item on it. She said Ms. Kline recommended they take one big lump sum capital item that is easier to track. Mr. Smith said and this won't cost us anything and this is pretty much a wash according to what Ms. Schleicher said. Mayor Buelterman said considering interest you could get, by just having the money in the bank. Ms. Schleicher agreed. Mr. Wolff asked why both leases couldn't be combined to get a lower interest rate. Ms. Schleicher said the GMA has different rates for different items and this is the amount they were willing to do on the sirens. Mr. Wolff asked Ms. Schleicher to find out if the rate is based on items or the dollar value. Mayor Buelterman asked if there was an early payment penalty. Ms. Schleicher said she didn't know but would find out. Mr. Brown asked if Ms. Schleicher was going to get this money and put it into an interest bearing account and lock the key on it, because according to Ms. Schleicher it will be helping cash flow and that means they will get the money and spend it on other things. Mayor Buelterman asked Mr. Smith to withdraw the motion and withdraw the second and come back and deal with this the 1t or 2"d meeting in January. Mr. Smith asked Ms. Schleicher if the money to pay for these came out of the General Fund and if the money from the leases will go back into the General Fund. Ms. Schleicher said yes. Mr. Smith withdrew his motion. Mr. Wolff withdrew his second. Mr. Wolff asked if we could work the cost of the datamatic meters into the Water Sewer budget based on the new rates rather than borrowing money. Mayor Buelterman said that is another thing Ms. Schleicher can report back to them on next month. Prepared 01/05/09vw Page 8 of 14 1 1 1 Removal of Derelict Structures on the North End: Mayor Buelterman said initially they were told by Eric Olsen who is our consultant on beach related issues that the removal would cost in the neighborhood of $250,000. He said the bid results were all over $650,000 which is obviously over what we planned on. Mayor Buelterman requested the Bids received for the Removal of Derelict Structures on the North End of the beach be reviewed by the Beach Task Force for a recommendation. Mayor Buelterman said the beach renourishment cost less than expected and he has asked the Corp how much the city should expect to get back. He said he thinks it will be $800,000 but he doesn't know. 14th Street Drainage Improvements- Proposed Bid Approval and Contract Award: Mr. Crone said the Infrastructure Committee recommended approval of the bid and contract for the 14th Street Drainage Improvements- Proposed Bid Approval and Contract Award to BRW Construction Group, LLC. $809,271.50 Line item 100- 4210 -54 -1100 & 320 - 4210 -54 -1400: Mayor Buelterman asked how much was budgeted. Mr. Crone said the amount of the bid was budgeted and nothing would come from contingency. Mr. Wolff moved to accept the bid and request Hussey, Gay, Bell & DeYoung do cost value engineering and try to reduce the amount. Mr. Brown seconded. Ms. Schleicher said it also needs to be contingent on us receiving some of our permits we have to get and an easement we are waiting for. The vote was unanimous. 2009 Alcohol License Applications- Beer /Wine, Liquor, Sunday Sales, and Entertainment: Mr. Hughes recommended license applications with particular issues should be handled separately such as The American Legion because of their request for fee waiver; 1106 Restaurant because of Mr. Brewer's Recusal; All the Chu's Convenience Marts because of Mr. Crone's employment; The Tybee Supper Club because of their request for a fee waiver. 2009 Alcohol License Applications- Beer /Wine, Liquor, Sunday Sales, and Entertainment: Mr. Smith asked if all the businesses were current on their liquor taxes. Ms. Schleicher said yes. A.J.'s Dockside /Alan & Jacqualand Burn /315 Chatham Ave Benny's Tavern & Restaurant/Rose Brown, Alvin Ward, Sr/1517 Butler Ave Bernie's Tybee Island /Bernie, Margaret & Vance Reyes /13 Tybrisa St Cafe Loco /Joel Soloman /1 -A Old Hwy 80 Doc's Bar /Rob Parker /10 Tybrisa St Fannie's On the Beach /Jennifer Orr/1613 Strand Ave Gayna's Pub & Outback Cafe /Gayna Bernstein /725 B First St Huc -a -Poo's Bites & Booze /Eric Thomas, John Shep Dunn /1213 Hwy 80 Ste 2 Macelwee's Seafood Restaurant /Agnes Lynn Zeigler, Ardrea, Mobley /101 Lovell Ave Prepared 01/05/09vw Page 9 of 14 1 1 1 North Beach Grill /George Spriggs, George Jackson /41 -A Meddin Dr Resort Inns Inc - Dolphin Reef /Eugenia, Harry & Frances Spirides /1401 Strand Ave Scandals /Edmond Burnsed /1518 Butler Ave StingRay's /Raymond J Rogers Jr, Raymond J Rogers 111/1403 Butler Ave Surfside Restaurant DBA Marlin Monroe's /Jennifer Orr /404 Butler Ave Sweet Dreams /Myrtice Morrison/Tybee Pier Tybee Time /Steven Kellam /1603 Strand Ave WindRose Cafe /Mary & Mark Klein /19 Tybrisa St Beer /Wine, Liquor, Sunday Sales: Charly's /Charles J Vonashek /106 South Campbell Ave Cousin Vinnie's Pizza /George Paul Jackson Jr, Kevin King/1311 Butler Ave Grace(Formerly Georges') /George Spriggs, George Jackson /1105 Hwy 80 Hunter House /John Hunter /1701 Butler Ave - Spanky's Beachside /David Silverman, Tommy Greber, Paul, John Alben Yarbrough /1605 Strand The Quarter Sports Bar/Wayne Barlow /601 First St Beer /Wine, Liquor: ABC Beverage /Myrtice Morrison /1515 Butler Ave Sundae Cafe /Kevin Carpenter /304 First St The Sand Bar /Ana Olsen /1512 Butler Ave XYZ Liquors/Terese Jung/302 First St Beer /Wine, Sunday Sales: Lighthouse Pizza /Richard Hammons /15 A & B Tybrisa St Beer/Wine: JayDeep LLC DBA Shell Food Mart/ Jatin Desai, Rajendra & Jaimini Patel /1315 Butlet Ave Sundae Cafe /Kevin Carpenter, Anthony Baker /304 First St Tybee Island Bait and Tackle/Thomas & Amy Golden /4 -F Old Hwy 80 Tybee Market INC /Michael J Hosti /1111 Butler Ave Ms. Doyle moved to approve. Mr. Wolff seconded. The vote was unanimous. American Legion Post 154 /George Walker /10 Veterans Dr Mr. Crone moved to approve and waive the fees for the American Legion Post 154 License. Mr. Brown seconded. The vote was unanimous. Tybee Supper Club /Michael Scarbrough /35 Meddin Dr Mr. Crone moved to approve and waive the fees for the Tybee Supper Club License. Mr. Brown seconded. The vote was unanimous. Prepared 01/05/09vw Page 10 of 14 1 1 1 Eleven 06 Restaurant /Clay Brewer, Vinnie Cusanelli /1106 Hwy 80 Mr. Wolff moved to approve. Ms. Doyle seconded. The vote was unanimous. Mr. Brewer recused. Chu's Convenience Mart/Aimi chu- Pruden, Richard Pruden, James Soles, Mola Jung /725 First St Chu's Convenience Mart #101 /Mola & Terese Jung/306 First St Chu's Convenience Mart #102 /Terese & Mola Jung/1603 Inlet Ave Ms. Doyle moved to approve. Mr. Wolff seconded. The vote was unanimous. Mr. Crone recused. 1g Reading Text Amendment and Map Amendment -North End Cultural Overlay: Mr. Hughes asked that the record reflect the city zoning map being in the room with the overlay district depicted on it. Mr. Smith moved to approve the North End Overlay Text Amendment for 1st Reading. Mr. Wolff seconded. The vote was unanimous. Mr. Smith moved to approve the North End Overlay District Map Amendment for 1g Reading. Mr. Wolff seconded. The vote was unanimous. 2 "d Reading Text Amendment (Section 50110) to Section 3 -060.A {Bed and Breakfast (residential)} w /following conditions: 1) Expansion from five rooms to seven rooms subject to administrative site plan approval by staff; 2) Afternoon snacks allowed; 3) Hosting of special events for up to twenty people subject to one -time special review by Planning Commission and approval by Mayor /City Council. Mr. Wolff asked for Mr. Hughes to clarify if he needed to recues himself because of being an owner of a B & B. Mr. Hughes said he hasn't changed his mind and sees no reason for a recusal. Ms. Doyle moved to approve for 2"d Reading. Mr. Smith seconded. Mr. Brewer asked how the special events would be handled for the B & B locations. Ms. Allen said special reviews will be handled just like they handle special review for all other events facilities and parking is always a consideration as well as noise and lighting. She said with other events facilities they have restricted the hours, conducted a pretty strict review of the parking plans, so strict in fact the businesses are required to come back every six months to revisit their parking issue. She said she is comfortable with all of the other conditions of this however the special events use concerns her greatly. Mayor Buelterman said those will have to come back to Planning Commission and City Council. Ms. Allen said yes. Mr. Brewer said he would vote in favor of the motion but he is very concerned about what it could lead to. The vote was unanimous. 2"d Reading Ethics Ordinance: Mr. Smith moved to accept the Ethics Ordinance Section A and B with Section B relating to the Commission specifically Article 4 that speaks of the duties, powers, limitations and administrative Prepared 01/05/09vw Page 11 of 14 1 1 1 support-only striking the reference to Section 3.06 in limitations section 2 number 2. Ms. Doyle seconded. Mr. Wolff said this is a huge step backwards compared to what we already have on the books. He said they absolutely need an ethics commission to provide oversight. Mr. Brewer said he thinks they will need to create some type of legal budget to deal with attorney fees for ethics concerns. He said there have been two complaints so far and both required attorneys. Mr. Brewer said he thinks there should be no former elected officials or community activists allowed on the commission. He said they need to be uninvolved with the political process. He said he is very concerned about the amount of time it takes for the resolution of a complaint. Mr. Smith said he believes that if Mr. Hughes advises us that what we do is correct then there is no ethical violation on our part. Mr. Hughes explained that there has to be a buffer. He doesn't think it is appropriate because he has an immediate conflict of interest if the council is the people he works for and he knows one of them has a significant interest in something but would really like to participate in it that puts him in a very bad position. He said he would be in violation of the ethics ordinance giving an opinion about that due to the conflict of interest. He said he will do his best to make the call objectively in regards to those issues. He recommended the commission be allowed as a buffer to make those decisions along with council. Mr. Smith amended his motion to strike that part of it. Ms. Doyle seconded the amended motion. Mr. Wolff said anyone that is not involved on Tybee politically has not been paying attention and they do not need to be on a committee that has oversight and is as important as the ethics commission. Mr. Brewer said there was a statement made earlier by Ms. Rutherford that prior to this ethics commission there was no process for people to go through, but I don't believe that this government operated in that form or fashion. He asked what would be the process if they didn't have a commission. Mr. Smith said the Ethics Commission is charged with looking at the complaint and deciding if it is a legitimate complaint or not and if they decide it is not a legitimate complaint they can dismiss it at that time. Mr. Hughes said that is correct. Mr. Hughes said to his knowledge there was never an ethics complaint filed against an official before recently under the existing ordinance. He said there was an ethics ordinance at Tybee that provided for penalties but he is not sure that is what Ms. Rutherford was referring to. He said there would have been a procedure had an ethics complaint been filed. Mr. Hughes said the existing commission, in spite of the repeal of the prior ordinance, should that happen; would continue to serve out their term with the commission established in the new ordinance. The vote was Smith, Doyle, Brown and Wolff in favor and Brewer and Crone opposed. Mr. Hughes said that is second reading and articles A & B are included. Zed Reading Charter Amendment to Section 4:15 regarding the rules of the Municipal Court of the City: Mr. Wolff moved to approve. Ms. Doyle seconded. The vote was unanimous. Prepared 01/05/09vw Page 12 of 14 1 1 1 2"d Reading Charter Amendment to Section 6:29 relating to the timing of adoption of the operating budget in relation to the end of the fiscal year: Ms. Doyle moved to approve. Mr. Smith seconded. The vote was unanimous. 2"d Reading Charter Amendment to Section 6:32 relating to the capital budget and the adoption requirement prior to the end of the ensuing fiscal year: Mr. Wolff moved to approve. Mr. Smith seconded. The vote was unanimous. Marine Science Center Lease: Mr. Wolff moved to approve. Ms. Doyle seconded. Mr. Hughes said the lease has been revised since council received their agenda packets. He said the changes are as follows: They requested subsequent renewals for three years because they think it may take that long to generate the money and there was some clarification of language that the insurance requirement is not triggered until construction work begins. The vote was unanimous. Mayor Buelterman asked for Ms. Schleicher and Ms. Kline to come back the second meeting in January and let council know how much they have left in the 2003 SPLOST and let them know how to designate the $600,000 originally intended for the Marine Science Center. Parental Control Ordinance: Mr. Hughes said there had been a lot of communication about whether or not they needed a parental control ordinance. He said he was looking for legal guidance on what council wants him to do. Mr. Brewer said the Chief of Police said he was watching and monitoring the group of kids that are causing problems. He said he thinks this is a non issue and we don't need to create more restrictive ordinances on being parents. He said the Police are doing a fine job and the courts are there. He said let them handle it. Council members requested Mr. Hughes e-mail them the Savannah ordinance to review. Conservation Easement for 19th Street: Mr. Hughes explained that he would change the language in the description at Mr. Wolff 's suggestion. Mr. Wolff moved to accept the conservation easement, striking under number 3 on page 2; facilities including but not limited to signs, benches and platforms. Mr. Smith seconded. The vote was unanimous. Mr. Wolff moved to go into Executive Session to discuss Personnel and Litigation. Mr. Brewer seconded. The vote was unanimous. Mr. Wolff moved to return to regular session. Mr. Smith seconded. The vote was unanimous. Prepared 01/05/09vw Page 13 of 14 1 1 1 Mr. Wolff moved to adjourn. Mr. Smith seconded. The vote was unanimous. Vivian 0. Woods, Clerk of Council Prepared 01/05/09vw Jason Buelterman Page 14 of 14 1 1 ORDINANCE NO. 40-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 3 -060 REGARDING BED AND BREAKFAST REGULATIONS 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 City of Tybee Island desires to amend the Code of Ordinances in order to expand the number of permissible units, to allow afternoon snacks, to provide for special events permission following a site plan approval, and provide for limitations on such special events. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Code Section 3 -060 is amended so that hereafter such section shall read as follows: Sec. 3 -060. Bed and breakfast regulations. There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows: (A)Bed and breakfast (residential). (1) Limited to no more than seven (7) rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. 1 1 (2) The owner is required to live on premises and agree to make available proof of residency. (3) Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m.- -12:00 noon and an afternoon snack. (4) Under no circumstances will an alcoholic beverage license be issued. (5) No less than one off-street parking space per rental unit, and a minimum of two parking spaces for the owner. (6) A buffer is required with a minimum height of six feet. (7) One on- premises sign, not to exceed. 12 square feet, may either be posted on the building or on a post. A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet off the right -of- way. No signs are to be allowed that are illuminated from within. Post signs may be lit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Signs posted on the building may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as a part of the conditional use permit drawn using a one - fourth inch scale. (8) A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer. All site plans must be submitted on or along with a valid survey of the property. (9) Small special events are permitted not to exceed twenty guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with respect to lighting, parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties. (10) A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council. (B) Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under section 5 -080. (Ord. Correction to dates, amended 4 -14 -2005) This Ordinance shall become effective on day o 2008. 2 1 1 1 ADOPTED THIS 11th DAY OF DECEMBE 2008. ATTEST: CLERK OF COUNCIL FIRST READING: 11/13/08 SECOND READING: 12/11/08 ENACTED: 12/11/08 GJEMH/TYBEE/ORDINANCES/2008/Bed & Breakfast 12.23.08 OR 3 1 1 1 LAW OFFICES CALLAWAY, BRAUN, RIDDLE & HUGHES P.C. A PROFESS1ONAL CORPORATION TIMOTHY P. CALLAWAY, CI 301 WEST CONGRESS STREET DANA F. BRAUN SAVANNAH, GEORGIA 31401 R I6iANNERTRIDDLE EDWARD M. HUGHES TELEPHONE (912) 238 -2750 D. SCOTT PORCH, N FACSIMILE (912) 238 2767 T. DANIEL TUCKER January 9, 2009 Vivian Woods City of Tybee Island P.O. Box 2749 Tybee Island; GA 31328 -2749 RE: Ethics — Ordinance No. 21 -2008 Our File No. 572.14536 Dear Vivian: REPLY TO: POST OFFICE BOX 9150 SAVANNAH,GEORGA31412 Voice Mail Extension ,108 E- IVY- Bhuuhesacketatsnrcom VIA E -MAIL ONLY There was one typo contained in the Ethics Ordinance. That is, there was at least one typo which has been corrected on the attached. Basically, the word "for" was omitted. It is inserted on the attached but would not be on the numerous other copies of the final version which are available. I believe this is merely a clerical matter and does not need further Council approval and I would like to make sure that the final version submitted to MuniCode does include this. Thanks for your help. With kindest regards, I am Very truly yours, EMH/md Attachment 1 1 1 ORDINANCE NO. 21-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO ESTABLISH AN ETHICS ORDINANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the City of Tybee Island has determined it to be in the best interest of the citizens of Tybee Island to establish permissible and impermissible activities of elected officials and provide due process for violations; and WHEREAS, the City of Tybee Island previously followed appropriate procedures to achieve the status of a certified city of ethics; and WHEREAS, the City of Tybee Island has previously adopted a comprehensive ethics ordinance; and WHEREAS, after conferring with experts in the field it has been determined to be in the best interest of the City that the existing ethics ordinance (ordinance no. 6 -2007) should be repealed in its entirety and the following ordinance substituted in its place. NOW THEREFORE, be it ordained and established by the City of Tybee Island and by authority of said body, hereby establishes as follows: Code of Ethics for City Officials ARTICLE A General Provisions Section 1. Definitions (a) City official shall be any person who is an elected official of the City of Tybee Island and any one appointed by the Mayor and Council of the City to any board, commission, authority, or position of the City. (b) Government or city shall be construed to mean the City of Tybee Island, Georgia government. (c) Immediate family shall apply to blood or marital relationships of the City official, including a City official's spouse, children, parents and siblings and shall further include any member of an official's household. 1 1 1 Section 2. Acceptance of gifts With exception of campaign contributions which shall be reported in accordance with Georgia Laws, no city official shall solicit or accept directly or indirectly anything of value from any person, corporation, or group which has, or is seeking: (1) to obtain, contractual or other business or financial relationships with the City of Tybee Island; or (2) where in exchange for the thing of value one seeks to have a city official exercise a matter of discretion in his or her favor; or (3) where in exchange for the thing of value one seeks to have or has interests which may be affected by the performance or nonperformance of the official duty of the city official, accomplished, defeated, deferred or otherwise acted upon. Section 3. Intent It is the intent of this section that city officials avoid any action whether or not specifically prohibited by section 2 which might result in, or create the appearance of, the following: (1) 'using public office for private gain; (2) impeding government efficiency or economy; or (3) affecting adversely the confidence of the public in the integrity of the government; or (4) purposefully or intentionally violating laws involving moral turpitude as defined by Georgia law. Section 4. Financial interests of members City officials may not: (1) have direct or indirect financial interests that conflict substantially with their responsibilities and duties as government servants; or (2) engage in, directly or indirectly, financial transactions as a result of or primarily relying upon, information obtained from their office. Aside from these restrictions, city officials are free to engage in lawful financial transactions to the same extent as private citizens. Section S. Use of public property A city official shall not use city government property of any kind for other than officially approved activities, nor direct employees to use such property for the personal purposes of such official. 2 1 1 Section 6. Use of confidential information A city official Rhall not directly or indirectly, make use at or permit others to make use of, for the purpose of furthering a private interest, official information not made available to the general public. Section 7. Coercion by City Official A city official shall not use his or her position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or her or persons within his or her immediate family, or those with whom an official has business or financial ties. Section 8. Vo • A^ in matters of personal interest A city official shall not participate in any matter and shall recuse him/herself on an ordinance or amendment in a Meeting that would directly affect his or her private business, business interests, property; nor such interests of his or her immediate family. Section 9. Unauthorized purchases A city official shall not order any goods and services for the City of Tybee Island, nor obligate the city funds for any payment, without prior official authorization for such an expenditure. Section 10. Meetings of the Council Meetings of the Council shall be conducted in accordance with the Official Code of Georgia Annotated, Title 50, Chapter 14, as amended, and Title 36, Chapter 80, Section 1, as amended, as it applies to municipalities. Section 11. City Attorneys used for private business A city official shall not use the attorney or attorneys who are under retainer by the City of Tybee Island for personal or private business without paying just compensation. Section 12. Unauthorized use of public employees A city official shall not use his or her superior position to request or require an employee to: (1) do clerical work on behalf of his or her family, business, social, church or fraternal interests; (2) purchase goods and services to be used for personal, business, or political purposes; (3) work for him or her personally without offering just compensation; and/or (4) perform work allegedly for the benefit of the City without prior official authorization. Section 13. Travel expenses A city official shall not draw per diem or expense monies from the City of Tybee Island to attend a seminar, convention, or conference and then fail to attend the seminar, convention, or 3 1 1 conference without refunding the pro -rata unused per diem or expense monies of the city. This not to include cancellation fee(s) for good cause. Section 14. Presumption In reference to acts or omissions on which the City Attorney has given an opinion, an official acting consistently with the opinion shall be presumed to be acting in accordance with the obligations imposed under the ethics ordinance and not in violation thereof, however the final determination as to whether or not a violation has occurred is to be determined by the Ethics Commission and/or City Council as otherwise provided. Section 15. Penalties The code of ethics to be observed by city officials are set forth herein, and any violation thereof, shall subject the offender to disciplinary action which may include censure and either public or private reprimand. Power to administer a greater punishment shall include power to administer the lesser. Further, in cases involving intentional acts, the general penalties of the Code of Tybee Island may be used as disciplinary action for violations of the Code of Ethics. ARTICLE B Ethics Commission Section 1. Creation and Composition 1) There is hereby created the Ethics Commission, an agency of the City of Tybee Island. By creating the Commission, Council intends to: a) Enhance the public's confidence in the integrity of City government and management; and b) Provide a facilitative and advisory resource that assists the City Council, the City Manager and others to leverage, implement, administer and enforce This Code. 2) The Commission is to be composed of seven Principal Members and three Auxiliary Members who participate in Commission matters on an as- needed basis. Members of the Commission are to be appointed by City Council as set forth in this Article. 3) As used within this article, "Commission" means the Ethics Commission" or any subset of the Ethics Commission acting on behalf of the whole Commission. Section 2. Duties and Powers The Ethics Commission has the duty and authority to: a) Establish (and amend as needed) bylaws, policies and procedures consistent with this Code that govern internal organization and conduct of Commission affairs; b) Schedule and hold Commission meetings as needed to discharge duties; c) Receive and consider complaints that this code was violated; d) Interpret This Code as it applies to complaints of violation and other issues in order to reach opinions as to whether certain actions, behaviors, or conduct constitute violation of this code; e) Formally present or deliver the Commission's opinions to Council; 4 1 1 1 f) Make proposals or recommendations to the City Council for the adoption of any revisions or amendments to this Ethics Code; g) Publish opinions and other documents related to this code; h) Engage in training activities; i) Issue advisory opinions as provided in this Article; j) Initiate any investigation or perform any other function determined by the Commission to be essential to fulfilling its purpose or discharging duties established within this Code. 2) Members of the Commission are subject to this Code. Each has special responsibility to identify and acknowledge any conflict of interest in Commission matters and abide by the rules of recusal when he/she has a conflict of interest in a pending commission decision. Section 3. Member Qualifications 1) Upon appoint nent to The Commission, a person must have resided in the City for at least one year, be registered to vote in City Elections and have signed a Statement of Qualification. 2) For the duration of service on the Commission a Member must: a) Reside in the City of Tybee Island; and b) Be registered to vote in City Elections; and c) Not hold any other elected office or become a candidate for elected office of the United States, this state, this county, or the City, d) Not be a City Employee; e) Exhibit strong moral character and good citizenship; 3) Statement of Qualification: STATEMENT OF QUALIFICATION: I, , have interest in serving on the Tybee Island Ethics Commission. I meet the qualifications set forth in the Ethics Code. 1 have resided in the City of Tybee Island for at least one year. I am registered to vote in City elections. I do not hold elected City office. I am not a candidate for elected office of the United States, this state, this county, or this City Signed Date 4) Statements of Qualification are to be retained by the Clerk of Council as official City records. 5) As a member of a City Agency having semi judicial function, a person is to take an oath of office before each term of service as a Commission member. The Mayor is to administer the oath. A written representation of the oath is to be signed by the appointee and retained by the Clerk of Council as an official City record. 6) If Member becomes disgmlified, he or she must resign from the Commission. Section 4. Teams of Service 1) Those members of the Commission currently serving as of the adoption of this ordinance shall continue to serve under their original appointment and for the full term thereof. 5 1 1 1 2) Council intends for Commission members to serve two -year "staggered" terms so that 5 member terms expire during odd - numbered years and 5 member terms expire during even:: numbered years. To that end, there is to be associated with each of the ten Commission positions a permanent position number. Principal Member positions are to be numbered 4 through 10. Auxiliary Member positions are to be numbered 1 through 3. 3) Members having odd position numbers are to serve terms expiring on the day before the annual meeting in odd-numbered years. Members having even numbers are to serve two year terms expiring on the day before the annual meeting in even - numbered years. 4) Council may remove a member at any time, at will, with or without cause. Section 5. Voting and Auxiliary Members 1) The essential purpose for having Auxiliary Members is to alleviate problems caused by vacated, unfilled principal positions, absences giving rise to the potential for tie votes or quorum deficiencies and recusals. 2) Auxiliary Members axe to attend Commission meetings and receive any materials or correspondence distributed to Principal Members. 3) Whenever an auxiliary commission member is selected to assume the rights and responsibilities associated with a vacant Principal position, the member is to exercise such rights and discharges such duties and be a vacancy- related member of the Voting Panel {see item 7) below} until the until the principal position is filled by Council appointment. 4) Whenever an auxiliary commission member is selected to assume the rights and responsibilities associated with a Voting Panel member's absence from a meeting or part of a meeting, he or she exercises such rights and discharges duties and becomes an absence- related member of the Voting Panel for the duration of the absence (but not between meetings). 5) A moused Voting Panel member will be considered absent throughout any consideration of the recusal matter at a commission meeting or hearing. Accordingly, an available auxiliary may be selected to join the Voting Panel during such consideration. 6) An Auxiliary Member serving on a Voting Panel does not assume the position number or associated term of the absent member or vacated position. 7) "Voting Panel" means the group of commission members entitled to participate in a Commission matter. a) When the Commission is not in session (i e , meeting), the Voting Panel is composed of Principal Members and any Auxiliary Members serving in vacant principal positions. b) During a commission meeting or hearing and for a particular matter, the Voting Panel is composed of persons in attendance as follows: i) Principal Members; and ii) Vacancy- related Auxiliary Members; and iii) Absence - related Auxiliary Members. 8) Commission bylaws and policies are to provide a fair process for selecting Auxiliary Members to vacancy- related and absence - related Voting Panel members and to give guidance to situations and circumstances that are not covered in preceding items of this section. 6 1 1 1 Section 6.. Meetings I) Except as allowed or required by state law, all meetings of the Ethics Commission are to be open to the public, publicized as required by state law and compliant with all requirements imposed by the Georgia open records and meetings laws. 2) The Ethics Commission is to hold an annual meeting in February. 3) The presiding Officer or a majority of the Voting Panel may call additional meetings on an as- needed basis. Section 7. Appointments and Nominations (A) APPOINTMENTS TO FILL VACANCIES 1) Each vacated commission position is to be filled by Council appointment based on majority vote or other method adopted by Council. 2) No person appointed to serve on the first commission or any commission thereafter is to be considered "the appointee" of a particular Council member. 'UAL APPOINTMENTS MENTS - This topic does not encompass mid -term vacancies. I) On the day before the annual meeting in 2009 and on each such day thereafter, the terms of five members expire. At the Iast regular Council meeting in January of each year after 2008, Council is to appoint five members to fill the positions with expiring terms. 2) Members associated with expiring terms may be reappointed, and Members serving as Auxiliary Members may be appointed to Principal Positions 3) The Mayor is to assign odd position numbers to the members appointed during odd- numbered years. Likewise, the Mayor is to assign even position numbers to members appointed during even numbered years. 4) Commission bylaws or policies are to give guidance to situations and circumstances that are not covered in preceding items of this topic. MID -TERM VACANCIES 1) When any Member vacates or announces intention to vacate a Commission position before the associated term of service expires, the presiding officer is to request Council to appoint a member to the position. The request may be accompanied by nominations from the Voting Panel. 2) After Council has been requested to appoint a person to 'MT a Primary vacancy, the Voting Panel may select an Auxiliary Member to assume the responsibilities and rights of the resigned member from the time the primary position becomes vacant until it is filled by Council. 3) Council may appoint an Auxiliary Member to a vacated principal position or appoint a new member to the position. Appointing an Auxiliary Member to a Principal position creates an auxiliary vacancy which Council must fill. If the vacant position is an auxiliary position, Council is to appoint a new member. 4) A person appointed by Council to fill a vacated position assumes the status (principal or auxiliary), position number and the unexpired portion of the term associated with the former member. 7 1 1 1 (S) NOMINATIONS 1) Any person interested in serving on the Commission may nominate themselves by submitting a completed qualification form to the Clerk of Council. This applies to incumbent members occupying Commission positions with approaching term expiration dates. 2) Council may solicit additional nominations for Commission membership from the general public, from Council Members or from the Ethics Commission. The Clerk of Council is to contact such nominees for the purpose of determining their interest and/or to have them sign a statement of qualification. 3) Council intends that the appointment process not interfere with the effectiveness of the Commission. Ideally, at any point in time, there will be several nominees so that, when necessary, the appointment process will be expedited. Section S. Officers 1) At each annual meeting after February 2009, the Voting Panel is to elect 2 Principal Members to serve as chairperson and vice chairperson of the Commission. These officers are to serve as such until the next annual meeting. If for some reason the Voting Panel fails to elect a Chair or Vice Chair at an annual meeting, the incumbent may remain in office until a successor is properly elected by the Principal Members. 2) An incumbent may be re- elected to serve as an officer. 3) If the Chair or Vice -Chair leaves office before the term of office expires but remains on the Commission, the Voting Panel is to elect a Principal Member to serve in the office until the next annual meeting. 4) If an office becomes vacant because of a principal position vacancy, the Voting Panel is to elect a replacement officer after the principal position is filled by Council appointment Section 9. Compensation, Expenses and Staffing 1) Members of tide Ethics Commission are not to be compensated. 2) A member may request the City for reimbursement of reasonable expenses incurred as a direct result of performing Commission duties. 3) The City Manager is to assign a capable staff member to serve as recording secretary and to . make available appropriate and sufficient meeting space. 4) The Clerk of Council or designee is to serve as the filing clerk for the Commission, receive complaints and to publish notices of Ethics Commission meetings upon request of the Commission's presiding officer. 5) The Clerk of Coixacil and the City Manager are to provide other support requested by the Commission and approved by Council. Section 10. Counsel 1) The City Attorney is to be the legal advisor for the Ethics Commission except in circumstances where doing so would result in the City Attorney's conflict of interest in a complaint involving a Council member as respondent, complainant, or otherwise. 2) If the Commission requires legal services that the City Attorney cannot provide or is not available to provide, the Commission is to be represented and assisted in carrying out its 8 1 1 responsibilities by an attorney appointed by the Ethics Commission and confirmed by Council. A person serving as Commission attorney is subject to This Code. Section 11 Limitation of Liability • To the fullest extent permitted by law, no member of the Ethics Commission, or any person acting on behalf of the Ethics Commission, is to be liable to any person for any damages arising out of the enforcement or operation of this ethics code except in the case of willful or wanton misconduct. This limitation of liability . is to apply to the City, the members of the Ethics Commission and any person acting under the direction of the Ethics Commission. Section 12. Advisory Opinions 1) The Commission may render an advisory opinion based on a real or hypothetical set of circumstances and the Commission's interpretation of this Code as it applies to the circumstances. 2) An advisory opinion is to be rendered only in response to a written request (from a City Official) that fully describes the circumstances and the question to be answered. The request must be signed. 3) A member of the Commission may submit a request for an advisory opinion. 4) Such advisory opinions are to be formulated during formal commission meetings and are to be made part of the Commission's open records. Section 13. Complaints (A) IN GENERAL 1) For This Code to be most effective, the public and City Officials must have access to a fair, expedient, effective and evolving complaint process that is not encumbered by the need to amend This Code. To that end, the Commission is to develop, publish and maintain a Complaint Policy that explains procedures to be followed, timef awes to be honored and the roles, responsibilities and rights of the complainant, City Official alleged to have violated this code and members of the Commission. 2) The policy may include steps, options or requirements beyond the general provisions contained in this article. If, at any point in time, such policy does not address the requirements of a particular complaint, the Commission is to make formal adjustment to the policy to ensure the fair and appropriate handling of the complaint and such complaints thereafter. As the Complaint Policy evolves, revisions are subject to the approval of the City Attorney and/or City Council. The essential components of the Complaint Policy are outlined in the following provisions of this section. (B) RESTRAINTS The policy is to specify the restraints, if any, that apply to the Commission, the complainant and/or the person against whom a complaint is filed (the respondent). 9 1 1 1 (C) SUBMISSION AND QUALIFICATION 1) A person (complainant) alleging that a City O-fficial (respondent) violated any provision of this Code may submit a written and signed complaint declaration to the Clerk of Council. The declaration, a written statement made under penalty for false swearing, must meet the qualifications described in the Complaint Policy. 2) The Clerk of Council's office is to deliver the declaration of complaint to the presiding Commission officer who thereafter communicates the complaint to commission members. 3) Subsequently Commission members, in a manner consistent with the Complaint Policy, are to determine if the complaint qualifies for further action 4) A disqualified complaint declaration is to be returned to the complainant and otherwise dealt with in a manner consistent with the Complaint Policy. 5) A disqualified declaration may be corrected by the complainant and resubmitted as de novo declaration. (D) QUALIFIED COMPLAINTS AGAINST CITY OFFICIALS 1) The Commission has the responsibility to investigate, hear, validate, and dispose of complaints against City Officials in a manner consistent with this Code and the Complaint Policy. 2) The Commission is to inform (by registered mail) the respondent of the complaint and of a reply due date and a case review date. The complaint and other pertinent documents are to be attached to this correspondence. 3) The Complaint Policy is to provide details for handling a case for which the respondent agrees that he or she has violated this code. 4) Unless the respondent's reply agrees that a violation occurred, there is to be a case review to determine whether specific substantiated evidence from a credible source(s) exists to support a reasonable belief that there was a violation of this Code. The case is to be dismissed unless a majority of the voting panel agrees that such evidence exists. The complaint policy is to provide details for closing a dismissal. 5) If the case is not dismissed, the Commission is to hold a hearing at a public meeting for the purpose of reaching a complaint opinion (decision) as to whether or not the respondent violated this code. The hearing is to be conducted in accordance with those conventionally associated with hearings at public meetings. The complainant and the respondent are to have the opportunity to be heard and to have witnesses at the hearing. 6) After the hearing, Voting Panel members are to reach a decision (complaint opinion) as to whether or not the respondent violated This Code. Such decision is to be based on a) Preponderance or greater weight of the evidence presented at the hearing; and b) The declarations submitted by the complainant and respondent; and c) Panel member's conscientious and compliant interpretation and application of This Code to the evidence. 7) The complaint opinion is to be documented, consistent with the Complaint Policy. This documentation is to include a statement of remedial or consequential actions that the Commission deems appropriate. Such actions may be applicable to the respondent or to the complainant. Consequences for a City Official may include, but are not limited to, private warning; training on the subject of the violation; public warning or reprimand; public censure 10 1 1 and/or apology and/or restitution. Consequences for a malicious or frivolous complaint from a person other than a City Official may include misdemeanor charges. 8) The documented opinion is to be forwarded to Clerk of Council who will distribute the opinion to council members, the complainant, the respondent and the City Attorney in preparation for a final and concluding action on the part of council. Section 14. Final and Concluding Action on Complaint Cases Final and concluding decisions for complaint cases are to be made at the final Council Meeting of each month. Advisory opinions related to such decisions are to be listed as main agenda items for this meeting. The City Attorney is to develop and implement a process for Council to consider the opinions. Section 15. Right to Appeal Any final decision by the city council pursuant to this code of ethics shall be reviewable by the Superior Court of Chatham County. The review by the Superior Court shall be limited to an inquiry to whether there was any evidence before the city council which supported the decision of the city council. Provided however, no action of the city council refusing or failing to take action pursuant to this code of ethics shall be reviewable by the Superior Court. 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 1 i day of E.C.. 'f , 2008. ADOPTED THIS JL DAY OF j' ; 2008. Ai iEST: 7YOR CLERK OF COUNCIL FIRST READING: I 1 0 S SECOND READING: / iI 0 g ENACTED: / till /0 ' GIE MtvrYBEF /ORDINANCES2OOVVEthics.12I I Oo5 Articles A & B 11 1 1 1 '$C1 "I 31 NOTICE OF PROPOSED CHARTER AMENDMENTS Notice is given that proposed amendments to the Charter of the City of Tybee Island, Georgia, are on file in the office of the Clerk of Council of the City of Tybee Island, Georgia, and in the office of the Clerk of Superior Court of Chatham County for the purpose of examination and inspection by the public. The Clerk of Council of the City of Tybee Island will furnish anyone, upon written request, a copy of any and all the proposed amendments. The amendments will be considered for adoption at meetings of the Mayor and Council of the City of Tybee Island, Georgia, on the 134lay of t'\ ` 2008, and for final adoption on the L day o t - p1/4, 4 2008. One amendment will revise the Section 6.29 relating the timing of adoption of the operating budget in relation to the end of the fiscal year, in light of the change from a calendar year to another fiscal year basis. Another amendment will change Section 6.32 relating to the capital budget and the adoption requirement prior to the end of the ensuing fiscal year, as opposed to the calendar year. An additional amendment would revise Section 4.15 of the Charter regarding the rules of the Municipal Court of the City. This 0-rdlay 2008. 1. J LUX- Vivian Woods, Clerk of Council 1 1 1 05) ORDINANCE NO. 26-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 4.15 OF THE TYBEE CHARTER 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 Charter of the City of Tybee Island, Section 4.15, deals with rules of Court and it is recommended that such provision be revised so that the City Council is not interfering with the operation of Court, NOW, THEREFORE, be it ordained by the Mayor and Council duly assemble that the Charter of the City of Tybee Island shall hereafter be revised so that Section 4.15 will read as follows: Section 4.15 Rules of the Court The Judge of the Municipal Court shall have the full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Municipal Court. Any rules which may be adopted by the Court shall be available for public inspection and upon request a copy shall be furnished to all defendants in municipal proceedings at least 48 hours prior to said proceedings. This Ordinance shall become effective on z ! day of �� -9� , 2008. 1 1 1 ADOPTED THIS a DAY 0 AIThST: CLTERK OF COUNCIL FIRST READING: if /3 /DE SECOND READING: /114-1.8 ENACTED: tztillog 2008. EMH/Tybee/ Ordinances / 2008 /Charter Amendment - Municipal Court 08.07.08 1 1 1 activity, as set out in the budget preparation ordinance adopted pursuant to Section 6.27 of this Charter. This Ordinance shall become effective on day o ADOPTED THIS . DAY ATTEST: yoxL, CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 20w8. 2008. EMH/Tybee/Ordinances2008/Charter Amendment - Fiscal Year 0820.08 1 1 ORDINANCE NO. 28-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 6.32(1)) OF THE TYBEE CHARTER 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 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, O.C.G.A. § 36 -35-3 and related laws authorize the governing authority to adopt ordinances to amend the City Charter pertaining to certain matters under its home rule powers, and WHEREAS, the Charter of the City of Tybee Island, Section 6.32(b), concerns the capital budget and it is recommended that such provision be revised so as to be consistent with the recent change to a non - calendar fiscal year. NOW, THEREFORE, be it ordained by the Mayor and Council duly assemble that the Charter of the City of Tybee Island shall hereafter be revised so that Section 6.32(b) will read as follows: Capital Budget Section 6.32(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 30th day of June of each year. No appropriation provided for in a capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. This Ordinance shall become effective on day oil,,°, , 2008. 1 1 1 ADOPTED THIS,_ DAY O CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: if))(254- og 008. EMWFybeeKkdinances/2008 /Charter Amendment-Capital Budget 0820.08 1 1 1 ORDINANCE NO. 27-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 6.29(b) OF TI TYBEE CHARTER 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, O.C.G.A. § 36 -35 -3 and related laws authorize the governing authority to adopt ordinances to amend the City Charter pertaining to certain matters under its home rule powers, and WHEREAS, the City of Tybee Island, Section 6.29(b), concerns actions by Council on the operating budget and it is recommended that such provision be revised so that it will be consistent with the recent change to a non - calendar fiscal year, NOW, THEREFORE, be it ordained by the Mayor and Council duly assemble that the Charter of the City of Tybee Island shall hereafter be revised so that Section 6.29(b) will read as follows: Section 6.29(b) Actions by Council on Budget The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 30th day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing year on a month -to -month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget cha{i take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, i Q5on i 1. ejl-er,na i , 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 / (44A day of /LkeQjVIZ t., , 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 / 1 of , 2008, which was closed for the purpose(s) of � �+ COLOte—APAAtnutd 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 / ! day of &1(LL.4'lLt4..¼.. , 2008. }7,1i/Presiding Officer Sworn to and s bscribed before this 1 /'1 day of 2008 VIVIAN WOODS Nary Public, Chatham County, GA My Commission Expir®P May 25, 2009