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Home My Public Portal AboutCC Packet 20101028 20101028 CC Packet Page 1 of 120 20101028 CC Packet Page 2 of 120 20101028 CC Packet Page 3 of 120 20101028 CC Packet Page 4 of 120 River's End RV Park and Campground Monthly Anticipated Revenues and Expense Report -2010 August August September River's End Revenues: Anticipated Actuals Anticipated Camping 41,000.00 40,995.43 41,000.00 Cabins 8,500.00 10,135.00 8,000.00 Monthly/Tents 3,700.00 3,854.90 6,500.00 Reservations 8,500.00 12,689.80 12,000.00 Store Revenues 5,000.00 4,643.05 4,000.00 Misc. Revenues 450.00 532.50 400.00 Total Anticipated Revenues: 67,150.00 73,987.64 71,900.00 August August September River's End Expenditures: Anticipated Actuals Anticipated Total Personnel 19,000.00 31,235.53 27,000.00 Total Services 15,000.00 22,275.70 22,000.00 Total Supplies 12,000.00 24,007.26 18,000.00 Total Capital Outlay Total Depreciation 861.00 861.00 861.00 Total Debt Service Expense 47,150.00 47,150.00 47,150.00 Total Anticipated Expenses: 94,011.00 125,529.49 115,011.00 River's End Guest Survey Time Period: 9.11..09 -9.10.10 Rating Range: 1-5 Composite Scores: # of Responses Average Overall Rating 3.7 B-21 Average Service Rating 4.3 B+ 17 Average Facility Rating 4 B 20 Average Site Rating 3.8 B 18 Average Cabin Rating 4.6 A-3 Average Restroom Rating 3.9 B 17 Total Rating: 4 B 20101028 CC Packet Page 5 of 120 River's End RV Park and Campground Monthly Anticipated Revenues and Expense Report -2010 September September October River's End Revenues: Anticipated Actuals Anticipated Camping 41,000.00 49,225.96 45,000.00 Cabins 8,000.00 8,867.88 10,500.00 Monthly/Tents 6,500.00 7,073.40 4,500.00 Reservations 12,000.00 13,622.24 10,000.00 Store Revenues 4,000.00 3,971.18 6,000.00 Misc. Revenues 400.00 585.49 520.00 Total Anticipated Revenues: 71,900.00 84,728.56 76,520.00 September September October River's End Expenditures: Anticipated Actuals Anticipated Total Personnel 27,000.00 19,036.59 19,500.00 Total Services 22,000.00 34,955.61 27,000.00 Total Supplies 18,000.00 12,087.63 16,000.00 Total Capital Outlay Total Depreciation 861.00 861.00 861.00 Total Debt Service Expense 47,150.00 47,150.00 47,150.00 Total Anticipated Expenses: 115,011.00 114,090.83 110,511.00 River's End Guest Survey Time Period: 10.21.09 -10.20.10 Rating Range: 1-5 Composite Scores: # of Responses Average Overall Rating 3.8 B 26 Average Service Rating 4.4 A-19 Average Facility Rating 4.1 B 25 Average Site Rating 3.9 B 20 Average Cabin Rating 4.7 A 3 Average Restroom Rating 4 B 21 Total Rating: 4.11 B 20101028 CC Packet Page 6 of 120 20101028 CC Packet Page 7 of 120 20101028 CC Packet Page 8 of 120 20101028 CC Packet Page 9 of 120 20101028 CC Packet Page 10 of 120 20101028 CC Packet Page 11 of 120 20101028 CC Packet Page 12 of 120 20101028 CC Packet Page 13 of 120 20101028 CC Packet Page 14 of 120 20101028 CC Packet Page 15 of 120 20101028 CC Packet Page 16 of 120 20101028 CC Packet Page 17 of 120 20101028 CC Packet Page 18 of 120 20101028 CC Packet Page 19 of 120 20101028 CC Packet Page 20 of 120 20101028 CC Packet Page 21 of 120 20101028 CC Packet Page 22 of 120 20101028 CC Packet Page 23 of 120 20101028 CC Packet Page 24 of 120 20101028 CC Packet Page 25 of 120 20101028 CC Packet Page 26 of 120 20101028 CC Packet Page 27 of 120 20101028 CC Packet Page 28 of 120 20101028 CC Packet Page 29 of 120 20101028 CC Packet Page 30 of 120 20101028 CC Packet Page 31 of 120 20101028 CC Packet Page 32 of 120 20101028 CC Packet Page 33 of 120 20101028 CC Packet Page 34 of 120 20101028 CC Packet Page 35 of 120 20101028 CC Packet Page 36 of 120 20101028 CC Packet Page 37 of 120 20101028 CC Packet Page 38 of 120 20101028 CC Packet Page 39 of 120 20101028 CC Packet Page 40 of 120 20101028 CC Packet Page 41 of 120 20101028 CC Packet Page 42 of 120 20101028 CC Packet Page 43 of 120 20101028 CC Packet Page 44 of 120 20101028 CC Packet Page 45 of 120 20101028 CC Packet Page 46 of 120 20101028 CC Packet Page 47 of 120 20101028 CC Packet Page 48 of 120 20101028 CC Packet Page 49 of 120 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 10/28/2010 Item: Out of State Travel Request Explanation: Requesting permission/approval to attend Annual American Planning Association Conference in Boston, MA from 4/8-4/12/2011. Budget Line Item Number (if applicable): 100-7220-52-3500 and 100-7220-52-3700 Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: Please see attached spreadsheet for trip cost estimates. Date given to Clerk of Council: 10/20/2010 20101028 CC Packet Page 50 of 120 APA National Conference (4/9-4/12/2011) Budget Line Item Number Item Cost Flight $300 100-7220-52-3500 Registration $225 100-7220-52-3700 Hotel $600 100-7220-52-3500 Meals * $272 100-7220-52-3500 Total Cost $1,397 *Federal Per Dieam for Boston is $71/day. Rate is $71/day x 4 and less $3/day for incidentals per the Tybee Travel Policy** 20101028 CC Packet Page 51 of 120 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 10/14/2010 Item: GEFA ECBG Change order Request #3 Explanation: Please see attached change order request for the inclusion of required intumescent paint over the open cell spray foam to be installed throughout the buildings of Memorial Park. The increased price is $4,108. Budget Line Item Number (if applicable): 100-6210-54-1450 Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: This amount of increase, $4,108, is due to the building code requirements that require an intumescent coating over the spray foam for barrier protection. Detailed project expenditure spreadsheet will follow and be presented to Council before the 10/28/10 meeting. Date given to Clerk of Council: 10/20/2010 20101028 CC Packet Page 52 of 120 20101028 CC Packet Page 53 of 120 20101028 CC Packet Page 54 of 120 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 10/28/2010 Item: GEFA ECBG Change order Request #4 Explanation: Please see attached change order request for the inclusion solar tubing in the City Hall auditorium. The increased price is $3,803. Budget Line Item Number (if applicable): 100-6210-54-1450 Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: Please see the attached spreadsheet information. Detailed project expenditure spreadsheet will follow and be presented to Council before the 10/28/10 meeting. Date given to Clerk of Council: 10/20/2010 20101028 CC Packet Page 55 of 120 October 20, 2010 City of Tybee Island Attn: Jonathan Lynn Re: Tybee Island Retrofit, Change Order Proposal #004R Mr. Lynn Amount of Change Order Proposal #04R $ 3,803 Presented By, Annie Melone, on behalf of Catamount Constructors Signature Printed Name & Title Date Please see the attached change order breakdown and subcontractor backup regarding change order #04R to add 4 solar tubes to the city hall auditorium. This change order will delay the start of insulation as we will need to wait 3-5 days for the materials, then a week or so to get the materials installed and the electrical hook ups in. Please sign below indicating that the City of Tybee Island accepts this change and releases Catamount Constructors to proceed with this change. 20101028 CC Packet Page 56 of 120 PRICING SHEET Today: 20-Oct-10 Sheet 1 of 1 Bid Date: Unit Quantity Unit Price Labor Material Equip Sub /Total L M E Vendor ADD for 4 Solar Tubes $ -$ -$ -$ 1,489.64 $ 1,490 ADD for Installation Labor $ -$ -$ -$ 400 $ 400 ADD for Supervision $ -$ -$ -$ 1,560 $ 1,560 $ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -Sub Total A $ -$ -$ -$ 1,960 $ 3,450 Sales Tax $ -Payroll, Tax, and Insurance $ -Sub Total B $ 3,450 Overhead 5% $ 172 Fee 5% $ 181 Total cost /SF equals: ---> #DIV/0! TOTAL 20101028 $CC P a c k e t P a g e 5 7 o f 1 230,803 20101028 CC Packet Page 58 of 120 20101028 CC Packet Page 59 of 120 20101028 CC Packet Page 60 of 120 20101028 CC Packet Page 61 of 120 20101028 CC Packet Page 62 of 120 20101028 CC Packet Page 63 of 120 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 10/28/2010 Item: 2nd Reading for Land Development Code, Article 9 Explanation: Text amendment, Land Development Code, Article 9 in its entirety. Budget Line Item Number (if applicable): N/A Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: 2nd reading for LDC, Article 9 Date given to Clerk of Council: 10/20/10 20101028 CC Packet Page 64 of 120 ORDINANCE NO. 27-2010 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO ARTICLE 9, BUILDING 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, and WHEREAS, the City of Tybee Island so as to amend in particular Article 9, Building Regulations, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Article 9, Building Regulations of the Land Development Code of the City of Tybee Island shall be amended so as to hereafter provide as follows: ARTICLE 9. BUILDING REGULATIONS Sec. 9-010. Appointment of building inspector. Sec. 9-020. Community Development Department staff. Sec. 9-030. Building permits. Sec. 9-040. Right of entry. Sec. 9-050. Technical codes adopted. Sec. 9-010. Appointment of building inspector. The inspections conducted by the Community Development Department shall be headed by the Building Official who shall have the power to enforce his/her duties as stated in section 9-020. The actual inspection of a building as it pertains to this article shall be conducted by the Building Official, or his/her qualified and certified designee, as promulgated by a contract between the mayor and council and the appropriate agency of Chatham County. Sec. 9-020. Community Development Department staff. 20101028 CC Packet Page 65 of 120 The Community Development Department staff shall act as the city's representative while conducting the following duties: (A) To enforce the city's adopted technical codes as referenced in section 9-050. (B) To approve or disapprove within a reasonable time the building permit applications, and plans, specifications, etc., filed with the office. (C) To answer questions relative to this article. (D) To issue permits and collect fees. Sec. 9-030. Building permits. (A) Application for a building permit must be made by the owner, or his agent, accompanied by two sets of plans, together with specifications of the work to be done. An applications for a building permit for construction of a new building or any additions must be accompanied by a plan showing size of lot and portion of lot to be built on and shall show that the lot has been surveyed by a licensed surveyor, or that lot stakes have been placed in position in accordance with such a survey. No work of any nature shall be started until a building permit has been issued. A permit must be secured for all new construction, all interior and exterior property alterations and all interior and exterior property repairs. No permit is required for maintenance &/or repair work that does not necessitate or involve structural alterations, expansion of a structure & does not require that work be performed by a licensed trade such as electrical or plumbing. Cosmetic repairs or maintenance such as painting, carpet replacement & similar work shall not require a permit. No permit shall be issued until the prescribed fees for same have been paid in accordance with the fee schedule on file with the Clerk of Council. (B) Prior to any land-disturbing activity or structure modifications, the landowner or building permittee shall show the diameter and location of all trees of six inches or more in diameter at breast height (4-1/2 feet above existing grade) on a sketch of the site, together with the location of existing or planned improvements on the site. A tree removal permit shall be obtained prior to the removal of any living, damaged, or dead tree. (C) All construction sites are required to have restroom facilities as well as sufficient containers for collecting all waste and debris created from the construction activities. No inspection shall be conducted until the applicant has provided proof of compliance with these requirements. If during construction such facilities are not provided on site, the building inspector will issue a stop work order until such compliance is achieved. Owners of property while under construction shall ensure there is sufficient space on their property for all construction vehicles, materials, and 20101028 CC Packet Page 66 of 120 other related items so as not to interfere with adjacent property owners access or parking on their property. (D) Any applicant for a building permit shall have the right to appeal to the mayor and council should the Building Official refuse to approve the issuance of a permit. (E) Construction must begin within 180 days from the date of permit issuance. An issued permit shall become invalid if the construction authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. (Ord. No. 2001-15, 7-12-2001; Ord. No. 1999-12, 5-27-1999; Ord. No. 2001-15, amended 12-12-2001; Ord. No. 1999-12, amended 6-4-1999) Sec. 9-040. Right of entry. All the officers designated under this article or any future amendments to the same shall, as far as may be necessary for the performance of their respective duties, have the right to enter any building or premises in the city at any time. Sec. 9-050. Technical codes adopted. (A) The following codes are adopted: 1. International Building Code (ICC); 2. National Electrical Code (NFPA); 3. International Fuel Gas Code (ICC); 4. International Mechanical Code (ICC); 5. International Plumbing Code (ICC); 6. International Residential Code for One-and Two-Family Dwellings (ICC); 7. Standard for Hurricane Resistant Residential Construction (SBCCI); 8. International Energy Conservation Code (ICC); 9. International Fire Code (ICC); 10. Life Safety Code (NFPA); 11. International Existing Building Code (ICC); 12. International Property Maintenance Code (ICC). (B) Adopted in addition to the technical codes of section 9-050 (A) is a local requirement that all electrical wiring, service included, must be copper wire. No aluminum wiring is allowed. (C) Adopted in addition to the technical codes of section 9-050 (A) is a local requirement that a minimum of two means of egress shall be provided in every building or structure and/or section, and area, including one-and two-family dwellings, where size and/or occupancy, and arrangement endanger occupants attempting to use a single means of egress that is blocked by 20101028 CC Packet Page 67 of 120 fire or smoke. The two means of egress shall be arranged to minimize the possibility that both might be rendered impassable by the same emergency condition. (Ord. No. 1996-16, 8-8-1996; Ord. No. 1996-18, 10-10-1996) 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 ________ day of __________________, 2010. ADOPTED THIS DAY OF , 2010. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/TYBEE/ORDINANCES/201 0/27-2010 Art. 9 10.20.10 20101028 CC Packet Page 68 of 120 ORDINANCE NO. 28-2010 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC. 3-190 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 so as to amend in particular Section 3-190 pertaining to swimming pool requirements and placement, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 3-190 of the Land Development Code of the City of Tybee shall be amended so as to hereafter provide provide as follows: Sec. 3-190. Swimming pool requirements and placement. All swimming pools, spas, and saunas shall comply with the following requirements: (A) Application for a permit to construct a swimming pool, spa, or sauna must be submitted to the building official. The structural plans must be approved by the building official prior to the issuance of a permit and the beginning of construction and/or excavation. A drainage plan prepared by a registered professional engineer will be required unless the city staff determines that due to the size, method of construction, location, or other characteristics of the proposed swimming pool, spa, or sauna, a drainage plan is unnecessary under the circumstances. (B) Swimming pools, spas, and saunas and supporting electrical and mechanical equipment may be located in either the side or rear yard and shall be at least five feet from the property line. (C) Swimming pool, spa, and sauna construction must meet all requirements of the codes adopted by the City of Tybee Island. 20101028 CC Packet Page 69 of 120 (D) Once a swimming pool, spa, or sauna and its accessories have passed a final inspection it shall be a violation of this ordinance to remove or alter any of the equipment that is required by: the International Residential Code – Appendix G, the International Building Code – Section 3109, the National Electrical Code, and the Georgia State Amendments. Failure to maintain the safety related and/or electrical equipment in good and working order shall constitute a violation of this ordinance. (E) No swimming pools, spas, or saunas shall be placed across, on, or beneath any utility easements nor shall any utility easement be granted which bisects a swimming pool, nor be located within five (5) feet of any marsh buffers as delineated by the Georgia Department of Natural Resources. (F) When a swimming pool, its deck, or other accessory to a swimming pool is proposed for construction on a site that has already been improved, the swimming pool plans and permit application will be reviewed by the City Engineer. (a) a) If there is an approved drainage plan for the site the City Engineer will review the plans for the swimming pool, deck and accessory structure to ensure that the proposed improvements will not materially affect the drainage of the site. If they will materially affect the drainage of the site the applicant will have to have a drainage plan prepared by a design professional before a permit for the swimming pool, deck or accessory will be issued. (b) If the site was improved without a drainage plan, the City Engineer will review the pool plans and permit application to ensure that the swimming pool, deck or accessory structure will not increase the amount of run-off leaving the site. (G) Any permit for a swimming pool is required to contain a soil and erosion plan for the proposed site prior to the issuance of a permit and commencement of any construction related activity. 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. 20101028 CC Packet Page 70 of 120 This Ordinance shall become effective on ________ day of __________________, 2010. ADOPTED THIS DAY OF , 2010. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/TYBEE/ORDINANCES/2010/28-2010 Sec 3-190 10.20.10 20101028 CC Packet Page 71 of 120 ORDINANCE NO. 29-2010 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC. 3-200 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 so as to amend in particular Section 3-200 pertaining to decks and patios, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 3-200 of the Land Development Code of the City of Tybee shall be amended so as to hereafter provide as follows: Sec. 3-200. 200. Decks and patios. Decks and patios, as defined in Article 2, no higher than one foot above the nearest adjacent grade may be placed anywhere within the property boundaries. Decks and patios, as defined in Article 2, that extend beyond one foot of the nearest adjacent grade shall be required to meet all front, side and rear setback requirements. All newly constructed decks, patios, and walkways must be constructed of pervious materials and have those materials approved by the appropriate city personnel before commencement of construction. 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. 20101028 CC Packet Page 72 of 120 This Ordinance shall become effective on ________ day of __________________, 2010. ADOPTED THIS DAY OF , 2010. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/TYBEE/ORDINANCES/2010/28-2010 Sec 3-190 10.20.10 20101028 CC Packet Page 73 of 120 ORDINANCE NO. 30-2010 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC. 3-030 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 so as to amend in particular Section 3-030 pertaining to reduction in lot area, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 3-030 of the Land Development Code of the City of Tybee shall be amended so as to hereafter provide as follows: Sec. 3-3-030. Reduction in lot area. No lot shall be reduced in area so as to result in less than the minimum lot area required under this Land Development Code; however, lots may be reduced in area upon approval of mayor and council provided: (A) That the lot or lots as reduced will be consistent with the existing density and development pattern. (B) That the lot or lots as reduced permits and maintains, without any variance, the required front, side, and rear yard setbacks. (C) That the lot or lots as reduced is/are, or will be, connected to city water and sewer. 20101028 CC Packet Page 74 of 120 This Ordinance shall become effective on ________ day of __________________, 2010. ADOPTED THIS DAY OF , 2010. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/TYBEE/ORDINANCES/2010/30-2010 Sec 3-030 10.20.10 20101028 CC Packet Page 75 of 120 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 10/28/2010 Item: 1st Reading of Land Development Code Article 3 in its entirety without 3-190, 3-200, 3-030, and 3-250. Explanation: Revisions to the Land Development Code Article 3. Budget Line Item Number (if applicable): 100-6210-54-1450 Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: n/a Date given to Clerk of Council: 10/20/2010 20101028 CC Packet Page 76 of 120 1 CITY OF TYBEE ISLAND, GEORGIA LAND DEVELOPMENT CODE ARTICLE 3 GENERAL PROVISIONS Section 3-010 Zoning affects every structure and use. 3-020 Continuance of nonconforming uses/structures. 3-030 Reduction in lot area. 3-040 Substandard lots of record. 3-050 Obstruction to visions at street intersections. 3-060 Bed and breakfast regulations. 3-070 Permissible structures per lot /Accessory structures. 3-080 Off-street parking requirements. 3-090 Schedule of development regulations. 3-100 Beach, dune or vegetation disturbance. 3-110 Single-family residential standards /Manufactured home standards /Recreational vehicle standards. 3-120 Access to public street required. 3-130 Buildings Structures to be moved. 3-140 Unsafe Buildings structures. 3-150 Prohibited uses in residential districts. 3-160 Protective screening of adjacent residential property. 3-165 Greenspace. 3-170 Home occupations and home business offices. 3-180 Satellite receiving dish antenna. 3-190 Swimming pool requirements and placement. 3-200 Decks, patios, and carports and patios. 3-210 Child day care facilities. 3-220 Amusement parks. 3-230 Turtle nesting protection. 3-240 Wetlands protection. 3-250 Private Parking Lots Sec. 3-010. Zoning affects every structure and use. Except as otherwise provided, no structure or land shall be used and no structures or part thereof shall be erected, altered or moved unless in conformity with the regulations herein specified for the district to which that structure or land is located. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-020. Continuance of nonconforming uses/structures. 1. Any structure or use existing at the time of the enactment of the ordinance from which this Land Development Code is derived or an amendment to this Land Development Code, although that structure or use does not conform to the provisions hereof, may be continued as a nonconforming use or structure and structural repairs may be made to any such nonconforming structure, provided however, no such nonconforming use or structure shall in any way be expanded or extended. Whenever a nonconforming structure or use of structure becomes vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months, such structure or use shall thereafter be made to conform to the provisions of this Land Development Code. Any nonconforming structure or use which is damaged by, fire, flood, hurricane, explosion, earthquake, war, riot, or any act of God, may be restored, reconstructed and continued as the same nonconforming use and structure as existed before such 20101028 CC Packet Page 77 of 120 2 damage, provided however, that a building permit to initiate restoration must be obtained within six months of the occurrence of damage, and if no such permit is obtained then only a conforming use or structure will be allowed upon the property. Provided further however, that the mayor and council may grant an extension of this six-month period in their discretion. (Sec. 3-020, sentence that begins “Any nonconforming structure…” I think we should add something like “…unless the damage exceeds 50% of the replacement cost. If the damage is greater than 50% of the replacement cost, then the structure must be brought into full conformance” to the end of this statement. The 50% rule is used elsewhere in this article. It seems reasonable to me that it should apply under these circumstances too instead of perpetuating nonconforming uses forever. Our goal should be to bring everything into conformance over the very long haul.) 2. Any nonconforming structure may be demolished and rebuild rebuilt only if the rebuilt structure will be contained within the same nonconforming ground footprint as existed before demolition; such new structure will maintain the historic character and substance of the pre-existing structure; and the new structure will not exceed the square footage of the prior structure by more than 50 percent. See also Section 5-090(E). (Same section, last paragraph/sentence. I can see two reasons for demolition: (1) as a result of damage and (2) voluntary demo to replace a small structure with a nicer, larger one. I believe if the demo is voluntary, then the new structure should be made to conform. See #1above for my thoughts on demo related to damage.) (Ord. Correction to dates, amended 4-14-2005; Ord. No. 2005-04, amended 4-14-2005) Sec. 3-040. Substandard lots of record. Any lot of record existing at the time of the adoption of the ordinance from which this section is derived, March 24, 1971, which has a lot area which is less than that required by this Land Development Code shall be subject to the following exceptions and modifications: (A) No substandard lot may be developed unless it is to be served by public water and sewer and all minimum front, side, and rear yard setbacks as required by this Land Development Code are met or a variance is granted pursuant to Section 5-090. (B) A single lot which has an area less than that required by these regulations may only be developed as a building site for a one single-family dwelling. (Ord. No. 2002-26, 12-12-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-26 Substandard lots of records, amended 2-5-2003) Sec. 3-050. Obstruction to visions at street intersections. Intersection requirements are intended to provide better vehicle safety on the public roads of the city. A clear sight triangle gives motorists a view of other oncoming motorists when approaching a road intersection. On corner lots within all zoning districts, no fence, shrubbery, wall or other obstruction to the traffic sight vision, utility poles, light poles, or sign standards, shall exceed a height of three feet within a triangular area formed by the intersection of the right-of-way lines of two streets and a diagonal line which intersects the right-of-way lines at two points, each 25 feet from the intersection of the right-of-way centerlines. In cases where there is a rounded corner, nothing is permitted within 25 feet of the contiguous lines of the lot that is less than 7 feet from the finished grade. In the case of a rounded corner, 25 feet from the point of intersection of their tangents, provided however, the standards for signs, lights, or similar 20101028 CC Packet Page 78 of 120 3 objects which are located at least 12 feet above the finished grade shall be permitted. With department head input, adjustments may be permissible depending on the amount of right-of-way used for travel or which may be used for travel and the relation of the travel portion to the actual right-of-way. Intersection requirements are intended to provide better vehicle safety on the public roads. A clear sight triangle gives motorists a view of other oncoming motorists when approaching a road intersection. On all corner lots, no fence, shrubbery or other obstruction to traffic sight vision, except utility poles or light or sign standards, shall encroach into an area as measured from three feet above the level of the adjacent driving surface to ten feet above the level of the adjacent driving surface, within a triangular area formed by the intersection of the right-of-way lines of two streets and a diagonal line which intersects the right-of-way lines at two points, each 25 feet distance from the intersection of the right-of-way lines or, in the case of a rounded corner, from the point of intersection of their tangents except where site conditions require greater or lesser setbacks as determined by a traffic engineer. See Illustration 1 for visual clarification. (page 2, last paragraph, regarding obstructions to traffic sight vision: Should we also include restrictions for SUV’s or other large vehicles parking within a designated number of feet from the intersection., where such vehicles would create an obstruction to approaching vehicles?) Illustration 1 (Ord. No. 1999-35, 10-28-1999; Ord. Correction to dates, amended 4-14-2005; Ord. No. 1999-35, amended 11-10-1999; Manual, amended 11-10-1999) 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). 20101028 CC Packet Page 79 of 120 4 (1) Limited to no more than seven (7) rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. (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 vegetative buffer is required with a minimum height of six feet within each of the side and rear yard setbacks. (7) One on-premises sign, not to exceed 12 square feet, may either be posted on the building structure 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 of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be downlit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Sign posted on structure 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 to 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 sSection 5-080. (Ord. Correction to dates, amended 4-14-2005) (Ord. 40-2008, enacted 12-11-2008) Sec. 3-070. Permissible structures per lot /Accessory structures. (A) Principle structure on a lot. Only one principle building structure and its customary accessory structure may be designated is permissible per lot. Notwithstanding anything herein to the contrary, in C-1 zoning districts, the property owner may petition the mayor and council for permission to allow an additional principle use structure per lot, provided the following conditions are met: (1) The property is one lot of 4,200 square feet or larger; (2) The proposed use of the additional building structure is permitted in the C-1 zone and is compatible with the existing or proposed principle building structure use; 20101028 CC Packet Page 80 of 120 5 (3) The proposed use of the additional building structure will further the needs of the owners or residents of the principle building structure or the general population; (4) All other requirements of the Land Development Code are met, including but not limited to, setback, greenspace, drainage, height limits, etc.; and (5) The permitted additional building structure must be restricted to the use approved by the mayor and council and may not be changed without approval by the mayor and council. (B) Detached accessory structures on commercial lots. A detached accessory structure in a commercial district is exempted from the schedule of regulations in Section 3-090, but, shall conform to the following regulations: (1) No detached accessory structure shall extend beyond the front building line of the principle structure except tents and umbrellas. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. (4) No detached accessory structure will reduce the amount of parking required for commercial sites as required in Section 3-080. (page 4, item (B) (4) regarding detached accessory structures: Is it the intent of this language that no detached accessory structure will reduce the amount of available parking to less than that required for commercial sites, etc. Does the language clearly state the intent?) (5) No detached accessory structure will materially affect an approved drainage plan on an already improved site or increase the amount of run-off leaving the site in the event the site was improved without an approved drainage plan. Existing drainage for the principle structure will not be reviewed or required to be changed unless the approved drainage plan is not being followed. (6) No detached accessory structure shall be erected or installed without the proper approval from the designated City Department. (7) Temporary enclosures: Temporary enclosures are permitted in commercial areas only. This includes any moveable, tent-like shelter intended to provide or actually providing protection from the elements for stored materials, vehicles, or other items, for which a building permit is not required and which a maximum size is 120 square feet. This would include temporary garages of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this section, and as such are governed by the same setback requirements as other structures under this ordinance. Tents set up for special occasions, screenhouses, and other such seasonal, recreational enclosures are specifically exempted from this section unless they are used for storage as stated above after written approval from the designated city department prior to placement. However, if this temporary enclosure becomes permanently anchored, it will be treated as a permanent structure and subject to all permitting requirements. (Add (8) to Sec 3-070 (B). It should state “No temporary detached structure will be allowed on the residential use side(s) of a commercial lot where commercial and residential uses are adjacent.”) 20101028 CC Packet Page 81 of 120 6 (C) Location of detached accessory structures on residential lots. A detached accessory structure in either a residential district or on any lot containing a principle structure whose first floor is used for residential purposes is exempted from the schedule of regulations in sSection 3-090, but, shall conform to the following regulations: (1) No detached structure except a carport shall extend beyond the front building line of the principle structure. (2) No detached accessory building structure shall be more than one story in height. (3) No detached accessory building shall be located nearer than five feet to any alley line where that alley line is coincident with the rear lot line. (3)No detached accessory building structure shall be located nearer than five feet to any lot line. A caretaker’s cottage must meet the same front, side and rear setback requirements as required for a principle structure. 3. (D) Location of attached accessory structures on residential lots. An attached accessory structure in in either a residential district or on any lot containing a principle building structure, the ground floor of which is used for residential purposes, shall be considered as an integral part of the principle structure and shall be constructed, altered or otherwise be developed in accordance with the regulations governing Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principle structures in the district. (E) Kiosks. A kiosk is considered a permanent structure for interpretation of the Land Development Code and ordinances of the City. A kiosk may be a principle structure or an accessory structure depending upon the circumstances existing on the property. A kiosk that is intended to operate as an independent business not associated with a principle structure or use shall require site plan approval. (Sec. 3-070(E), Does the last sentence allow for business or commercial uses in a residential use area? If so, this doesn’t seem appropriate.) (F) Principle Structures in the Maritime-District. Within the Maritime-District (M-D) more than one (1) principle structure shall be allowed for permitted uses with site plan approval and special review by the mayor and council. (Ord. No. 2002-11, 6-13-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-11 Accessory, amended 8-29-2002) Sec. 3-080. Off-street parking requirements. (A) In all zoning districts handicapped parking shall be provided as required by the Georgia Title 30 Accessibility Code. (B) Residential district parking requirements and residential off-street vehicle parking requirements. Off-street parking facilities shall be provided and maintained on site or within 400 feet of the site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residential dwelling units. For every dwelling unit there shall be provided at least two off-street parking spaces. A caretaker’s cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces. (2) Nursing homes, hospitals. One parking space for each five patient beds plus one space for each staff doctor, plus one space for each employee on the largest shift. 20101028 CC Packet Page 82 of 120 7 (3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area. (4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to such use. (5) Private Docks. At least two off-street parking spaces must be provided for any private dock proposed for construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on City right-of-way) and pervious. (page 6, Section 3-080, paragraph (B) (5) regarding private docks: Should we add a requirement that there will be no parking in the marsh or in the buffer between the road or street and the marsh.) (C) Control Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply: (1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This ordinance is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway. (2) There shall be no more than two driveway openings on any lot of any width. Two driveway openings on a corner lot shall be located on the same side of the lot The total of the widths at the property line of two driveway openings shall not be greater than 25 feet. (3) Two driveway openings shall not be closer than 50 feet from each other on the same lot. (3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right of way. However, in any instance where there is not adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property. (Sec. 3-080(C)(3), at the end of the paragraph I think we need to make some sort of qualifier for higher speed areas such as “…unless the property is located on a street with posted speed limit of 30 mph or more.”) (4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official. (5) All newly constructed driveways serving residential units shall be constructed of pervious materials, including, but not limited to gravel, crushed coral, oyster shells, pervious concrete, and the like designed to manage stormwater through the prevention of flooding and the degradation of water quality related to stormwater runoff and soil erosion. The Designated city official shall approve all porous materials used for single-family residences. Replacement of 50% or more of an existing driveway will result in the driveway being treated as new construction. All permit applications for pervious driveways will be accompanied by certification from the design professional that the paving material will accommodate, at a minimum, a 25-20101028 CC Packet Page 83 of 120 8 year 24-hour storm for the area of the driveway. All permit applications for pervious driveways will be accompanied by a maintenance schedule signed and acknowledged by the property owner. (D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity as follows: (1) One parking space per each 200 square feet of retail or commercial gross leasable floor area. Compact parking spaces are permitted; however, compact parking spaces shall not comprise more than 2 0% of the required parking. A rack able to accommodate five (5) bicycles may be substituted for one (1) required parking space. (2) With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or created additional occupant loads through other structures where permitting has been required by the City, a parking plan must be submitted with the application for approval by the designated City Department. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the Mayor and council. (3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person plus one space for each two employees. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. (4) Hotels, motels: one parking space for each room to be rented (a) One parking space for each guest unit without a kitchen facility. (b) Two parking spaces for each guest unit with a kitchen facility. (Sec 3-080(D)(4) – It doesn’t seem to me that relating parking space requirements to kitchen facilities is the correct criterion. I recommend the relation be between number of sleeping accommodations and parking requirements. If your argument against against this is people will sleep all over the place including the floor, then add an additional criterion that supplements beds with floor area, like “one parking space for each sleeping accommodation + one additional parking space per 60 square feet of carpeted floor area not occupied by sleeping accommodations.”) (c) Two parking spaces for each manager’s unit. (d) One parking space per each 200 square feet of retail or commercial gross leasable floor area. (e) Accessory uses such as restaurants, nightclubs, meeting rooms, or similar uses shall require one parking space for each four seats based on a maximum seating capacity of 15 square feet per person. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. (f) One parking space for every two employees. (g) One designated delivery/loading zone. (h) Recreational vehicle overnight connection facilities are prohibited. (5) Maritime district: (a) Parking shall be in conformance with required dimensions and and off-street requirements of the C-1 zoning district as referenced in this section. 20101028 CC Packet Page 84 of 120 9 (b) Handicapped parking shall be available and accessible. (b) Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew and one space per each four seats for charter passengers. (c) All parking in the maritime district that involves loading, unloading, and transporting of boats will require a parking plan submitted to the City detailing the turn radii required for each in order to be reviewed by city staff. (E) Off-street parking dimensions. TABLE INSET: Off-Street Parking Dimensions Standard Compact Aisle Width Parking Angle Traffic Direction 8×22 feet 8×20 feet 12 feet parallel one-way 8×22 feet 8×20 feet 24 feet parallel two-way 9×18 feet 8×16 feet 13 15 feet 45 degrees one-way 9×18 feet 8×16 feet 18 feet 60 degrees one-way 9×18 feet 8×16 feet 24 feet 60 degrees two-way * 9×18 feet 8×16 feet 22 feet 75 degrees one-way 9×18 feet 8×16 feet 24 feet 90 degrees one-way or two-way All two-way aisles to have a 24 foot minimum width to provide for two 12-foot lane (F) Exemptions from off-street parking requirements. (1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district may expand the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal parking lot. (2) All churches or places of religious worship shall be exempt from all off-street parking requirements. (Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord. No. 2004-10, amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-1999; Ord. of 1-12-2006) Sec. 3-090. Schedule of development regulations. * A. Schedule of residential district dimensional requirements. TABLE INSET: 20101028 CC Packet Page 85 of 120 10 60’ 60’ 60’ 60’ A 90’ B C D E 200’ 200’ side front 60’ 60’ F G street Zoning Districts Minimum Lot Area (square feet) Minimum Setback Distance (feet) Maximum Structure Height Limit (feet) -Single-Family Two-Family Multi Family Front Rear Side -R-1 12,000 Not permitted Not permitted 20 20 10 35 R-1-B 6,600 Not permitted Not permitted 20 10 10 35 R-2 4,500 6,750 Not permitted 20 10 10 35 M-D 4,500 Not permitted 6,750 Not Permitted Not Permitted 20 10 10 35 C-MD --8,000 Buildable to 80% of the property 20 10 10 35 R-T 7,000 8,000 8,000 buildable to 80% of the property exclusive of the setbacks 20 20 10 35 (1) In the event of detached duplexes, the minimum lot size shall be 9,000 square feet and there shall be separation of open space of 20 feet between the closest points of the combined dwelling units. Further, all other setback requirements apply. (1) In any residential district (R-1, R-1-B, R-2 and RT) where the average front setback distance for existing structures on all lots located wholly or partly within 200 feet to each side of any lot, and within the same zoning district and fronting on the same side of the same street and on the same block as such lot, is less than the minimum setback required in such zoning district, the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within 200 feet to each side, provided that in no case shall the front setback on new construction be less than ten feet. When lots within 200 feet on each side are vacant such vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance. When existing structures on lots within 200 feet on each side exceed the minimum front setback required in such zoning district, the required setback shall be used for the purpose of computing an average setback distance. See illustration and table for visual clarification. A 18’ A 18’ B 20’ B 20’ C 16’ C 16’ E 14’ E 16’ F 20’ F 20’ G N/A G N/A 178 ÷ 10 = 17.8’ front setback Vacant R-2 lot 20101028 CC Packet Page 86 of 120 11 B. Schedule of commercial district dimensional requirements. Municipal Code Chapter 26, Article III, Fire Prevention Code, applies to all districts. See Section 26-70 for requirements for all structures closer than ten feet (measured from closest point of structure) from property lines and multiple structures on a single lot. TABLE INSET *: **Zone Minimum Lot Area (square feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Structure Heights C-1(A)*** 0 None required except 25 15 feet if bordering residential use. None required except 25 15 feet if bordering residential use. 35 C-1(B) 8 6 5 35 C-1(C) 1,125 per unit 20 10 10 35 C-2 10 6 6 35 M-D 20 10 10 35 TBR 20 10 10 35 Notwithstanding the table above, when abutting public streets, any principle building structure shall be located no nearer than five feet to that lot line. ** Where a commercial establishment abuts a residential use a suitable screen will be required. See Section 3-160. This screen shall be either natural (planting) or manmade and shall be required. This screen shall be either natural (planting) or man-made and shall be maintained in good order and approved by the Designated city official. Minimum height is six feet. *** C-1(A) Retail uses and food/beverage service uses. C-1(B) Hotel and motel uses, with 80 percent maximum lot coverage. C-1(C) Residential uses, including single-family, two-family, and multi family (triplexes, quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast uses, and public structures. 4. Buildings Structures above 35 feet. If a variance is granted by the mayor and council for a structure with a height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions: (Sec. 3-090(C), recommend adding a para (3) that states something like “The portion of the structure above 35’ must not create a visual block to neighboring structures. If it proves to be a visual block after completion, it will have to be removed.”) 20101028 CC Packet Page 87 of 120 12 C. (1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems, smoke detectors and any other fire protection measures deemed necessary at the time by the mayor and council. (2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. (Ord. No. 1995, 12-7-1995; Ord. No. 2002-6, 4-11-2002; Ord. No. 1995-17, 12-7-1995; Ord. No. 2003-01, 1-9-2003; Ord. No. 1990-09, 4-22-1999; Ord. No. 2000-12, amended 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-01 JOY, amended 2-5-2003; Ord. No. 2002-06, amended 5-15-2002; 3-090, amended 3-20-2001, RT-deleted in error and is re-instated by Jackie Brown 3-20-2001; Ord. No. 2000-12, amended 5-24-2000; Ord. No. 1999-, amended 12-17-1999; Manual, amended 11-10-1999; Manual, amended 10-20-1999, Corrected prior update errors; Ord. No. 1999-09, amended 5-24-1999; Ord. of 1-26-2006(2)) Sec. 3-100. Beach, dune or vegetation disturbance. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.) without having first obtained the proper federal, state, and local permits. (page 11, Section 3-100 first paragraph: Should we add a requirement for Special Review as defined in Section 5-070 before any permit to “damage, destroy, remove or alter in any way” the beach, dunes or vegetation thereon is granted?) Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.), there shall be a ten (10) foot setback measured from the landward toe of the landward-most dune as delineated by the Georgia Department of Natural Resources. (page 11, Section 3-100 second paragraph: Should we define this 10 foot setback as a “no build” zone, from which there will be no permits or variances granted.) (Ord. Correction to dates, amended 4-14-2005; Ord. 04-2009 enacted 04-23-2009) Sec. 3-110. Single-family residential standards /Manufactured home standards /Recreational vehicle standards. 1. All single-family residences, whether site built or manufactured housing, must meet the following standards: (Sec. 3-110, should manufactured homes be allowed only in certain areas? Do we need a special zoning classification for them? Many citizens often think they are not of the same quality as site built homes, detract from the aesthetics of a residential area, and devalue their property.) (A) Structure and design standards. (1) Corrugated metal or plastic panels are prohibited as roofing materials. (2) The exterior wall shall be material similar to traditional site-built housing. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding over a minimum covering of onehaal inch exterior wood sheathing, wood shingles, shakes, stucco, brick, brick veneer, concrete block, or similar materials, but shall not include smooth, ribbed or corrugated metal or plastic panels. (3) The minimum width of the horizontal dimension of the unit as installed on the site shall be 24 feet. 20101028 CC Packet Page 88 of 120 13 (4) All structures must meet wind-loading requirements of federal emergency management administrator and the SBCCI Codes. (B) Manufactured home safety standards. For the purposes of public safety, all manufactured homes or other such forms of modular or manufactured housing are subject to the following requirements. (1) Manufactured home stand requirements. Prior to the issuance of a manufactured home relocation permit the owner of the parcel or lot for which the manufactured home is to be placed must have an approved manufactured home stand. Such stand must have the following: (a) Street access. Each manufactured home stand shall be provided with access frontage to a width of at least 30 feet to a public or private street or road. (b) Electric power supply. Each manufactured home stand shall be provided with an adequate, properly grounded, waterproofed electrical receptacle with a minimum rated capacity of 100 amps. A properly sized over current device shall be installed as a part of each power outlet. ((c) Sewage disposal. Each manufactured home stand shall be provided with the means of disposing of kitchen, bath, and putrescible waste directly into a properly installed and inspected septic tank system or an approved community sewerage collection system. (d) Water Service Connection. Each manufactured home stand shall be provided with the means of connecting and being serviced by municipal water service. (2) Manufactured home development in flood hazard areas. Due to the danger of placing a manufactured home in a flood hazard area the following anchor requirements are required if a manufactured home is placed on a lot which is located in or adjacent to a flood hazard area as described by the Federal Emergency Management Association. TABLE INSET: Length of Manufactured Home (not including draw bar) Minimum Number of Vertical Ties Minimum Number of Diagonal Ties Number of Required Anchors per Home 0--40 feet 2 4 8 41--60 feet 3 6 12 61--84 feet 4 8 16 This table is based on a minimum working load per tie of of 3,150 pounds with a 50 percent overload (4,725 pounds total). (a) Multiple-wide manufactured homes shall only be required to have diagonal ties and anchors in accordance with the chart above unless the manufacturer’s installation instructions require more. (b) Single section manufactured homes shall have diagonal and vertical ties and anchors in accordance with the chart above unless manufacturer's instructions require more. 20101028 CC Packet Page 89 of 120 14 (3) All principle structures shall be placed on a permanent foundation. For the purposes of this section, a permanent foundation shall mean a concrete slab, concrete footers, foundation wall, pilings or post construction which complies with the city building code. (4) Manufactured home siding, stairs, and foundation requirements: (a) All manufactured homes shall have siding materials consisting of wood, masonry, concrete, stucco, masonite, or metal lap. The exterior siding material shall extend to ground level except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation. (b) Skirting and/or siding must be in place within 45 days from the date the relocation permit is issued. (c) Stairs and landings shall comply with sSection 112 -stairway construction of the state building code and must adhere to the following: (i) The height of the riser shall not exceed 7 3/4 inches, and treads, exclusive of nosing shall not be less than nine inches wide. (ii) Every tread less than ten inches wide shall have a nosing, or effective protection, of approximately one inch over the level immediately below that tread. (iii) The width of the landing shall not be less than the width of the stairways they serve. (iv) Every landing shall have a minimum dimension measured in the direction of travel equal to the width of the stairway. Such dimension need not exceed four feet when the stair has a straight run. (v) All stairways having treads located more than three risers above a floor or grade shall be equipped with a handrail not less than 30 nor more than 34 inches above the leading edge of the tread. (vi) The minimum width of any stair serving as a means of egress shall be a minimum of 36 inches. (vii) If handicapped ramps are added they must be at least three feet wide and the slope of the ramp shall not exceed one foot for every 12 feet. (5) Foundation requirements on all manufactured homes are as follows: (a) Supports or piers shall not be more than two feet from the exterior end wall. (b) All grass and organic material shall be removed and the foundation must be placed on stable soil. (c) Crossover wires must be placed between the two halves. (d) All nails or staples shall be removed or sealed. (e) Dryer vents must be vented to the exterior of the manufactured home; not underneath. (f) In no case shall wheels, any undercarriage or transporter unit be left on any structure. (6) Manufactured home additions and auxiliary structures. Any significant feature added to a manufactured home that was not part of the manufacturer's original design is considered to be either an addition or an auxiliary structure. 20101028 CC Packet Page 90 of 120 15 (a) All habitable spaces added to the manufactured home shall be constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act or within the provisions of the state building codes. (b) All auxiliary structures (such as porches, decks, awnings, cabanas, stairs, etc., unless provided and approved by the manufacturer) shall be entirely self-supporting, unless designed and approved by a professional engineer or registered architect. All such structures shall be constructed in accordance with the state building codes. (C) Temporary use of recreational vehicles on private property for dwelling purposes. No recreational vehicle shall be used for dwelling purposes on any lot in a residential district unless a temporary permit is acquired. Such permit shall be valid for up to seven days and the lot is only eligible for a permit three times per calendar year. Only one vehicle may be granted a permit for a lot during the duration of the permit. The temporary permit may be obtained from the designated city official during normal hours of operation at the city hall. There is no fee for this permit. However, violation of this clause will be subject to the same enforcement as all other regulations of this Land Development Code. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-120. Access to public street required. No structure shall be constructed or erected upon a lot, or parcel of land, which does not abut upon an open public street or permanent easement of access to an open public street. Such easement shall have a minimum width of 20 feet unless an easement of lesser width was of record prior to the adoption of the ordinance from which this section is derived. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-130. Buildings Structures to be moved. 1. (A) Existing structures to be moved. Any structure which has been wholly or partially erected on any premises located within the city shall not be moved to any other premises in the city until a permit for such removal is secured from the building and zoning department. Any such building or structure shall conform to all the provisions of this Land Development Code in the same manner as a new building or structure. Structures that are determined to be historic and are contributing to the historic character of the neighborhood or are eligible for listing on the National Register of Historic Places may be exempt from having to come into compliance with current building codes. (page 14, Section 3-130 (A) regarding moving existing structures with historical value Who will have the authority to exempt such structures from building codes?) (B) Modular structures to be moved. No structure shall be moved into the city from outside the city until such compliance has been shown and such permit has been secured. Before a permit may be issued for moving a structure, the building official shall inspect the same and shall determine if it is in compliance with all city and state regulations. In addition, all modular units wishing to be located within the city limits must first provide to the Community Development Office the appropriate state certification for the construction of such a structure from the Department of Community Affairs. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-140. Unsafe structures. Nothing in this Land Development Code shall prevent the temporary strengthening to a safe condition of any part of any building or structure declared to be unsafe by the building official. 20101028 CC Packet Page 91 of 120 16 (Ord. Correction to dates, amended 4-14-2005) Sec. 3-150. Prohibited uses in residential districts. Under no circumstances shall the following be permitted in any residential zoning district: (A) In open areas, the parking or storing of unoccupied house trailers or converted buses in excess of 24 feet shall not be permitted. (Sec. 3-150(A), I recommend we define “open areas.” I also recommend we disallow the parking of either unoccupied house trailers or converted buses; otherwise people could park a 23 foot house trailer in an open lot in perpetuity as long as they had the owner’s permission. I don’t believe we want that.) (B) Commercial tractor trailers or rigs shall not be parked or stored on residentially zoned property at any time with the exception of trailers used for supply and equipment storage of a properly permitted construction site. (Sec. 3-150(B), I recommend we limit the size of construction equipment storage trailers and insist they be promptly removed upon completion of construction.) (C) It shall be a prohibited use in all residentially zoned districts to park or store power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable material in quantity. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-160. Protective screening of adjacent residential property. In order to provide adequate protective screening for residential districts near or abutting nonresidential areas, the following regulations shall apply to all new commercial development: (A) Where a commercial district use abuts directly upon a residentially zoned district use, a vegetative landscaped greenbelt not less in width than the required setback for the property and with a well maintained ornamental masonry wall or privacy fence no less than six feet in height above grade shall be provided and properly maintained along its entire length by the users of the commercial property. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the greenbelt. The greenbelt shall be measured from the property line of the commercial property. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster be permitted in a buffer. (B) The area beneath and between the planted trees shall be well-kept lawn free of foreign debris and unmanaged undergrowth. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. (C) All planting plans shall be first submitted to the planning commission during the commercial site plan review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (D) Where there is not adequate space to provide such a tree lined buffer a ten foot wide arboreal greenbelt shall be provided with a well maintained ornamental masonry wall or privacy fence no less than six feet in height above grade set back ten feet from the property line. (Ord. No. 1999-24, 8-12-1999; Ord. No. 2000-09, 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2000-09, amended 5-24-2000; Ord. No. 1999-24, amended 10-7-1999) Sec. 3-165. Greenspace. 20101028 CC Packet Page 92 of 120 17 Findings and purpose: the preservation of greenspace is important to the health and welfare of the city’s citizens and aids in the reduction of drainage problems associated with development; and the preservation of greenspace and permeable surfaces will preserve aesthetic features of the landscape and provide for the free flow of air, light, etc. Therefore, in the interest of the public health, safety and welfare, the mayor and council find that the imposition of a permeable surface requirement into the setback spaces of lots is appropriate. In all zoning districts, 65 percent of the designated setback area of a lot shall remain consist of permanent permeable surface to permit the absorption of water and shall not be paved, built upon, or covered in such a way as to interfere with the permeability of the surface in a vegetative state. (page 15, Section 3-165, Greenspace Is it the intent is to require 65% of the actual designated setback area to be left in its natural vegetative state, or an area of the lot equivalent to 65% of the designated setback area? Is the language clear?) (Ord. No. 1999-24, 8-12-1999; Ord. No. 2000-10, 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2000-10, add 5-24-2000) Sec. 3-170. Home occupations and home business offices. Profit-making activities conducted in homes fall into two classes: home occupations and home business offices. (A) Home occupation. If permitted in a land use district, it must comply with the following requirements. It shall be allowed, provided that it: (1) Is carried on by a member(s) of the family residing in the dwelling unit only. One employee who is not part of the family is permitted; (2) Is conducted entirely within the principle structure; (3) Utilizes not more than 25 percent of the total floor area of the principle structure; (4) Produces no alteration or change in the character or exterior or change in the principle structure from that of a dwelling; (5) Involves no sale or offering for sale of any article not produced or assembled by members of the family, or any service not entirely performed by members of the family, residing on the premises; (6) Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition; (7) There shall be no sign or external indication of the business. (B) Home business office. If permitted in a land use district, it must comply with the following requirements: (1) There shall be no sign or external indication of the business office. (2) No more than one vehicle used in the conduction of the business may be parked at the home location. Signage on this vehicle is limited to the area of the driver and passenger front doors of said vehicle. (3) The office may occupy no more than 25 percent of the floor area of the principle structure. (4) The office must be located in the principle structure. (5) Only residents of the dwelling may engage in work at the office. 20101028 CC Packet Page 93 of 120 18 (Ord. Correction to dates, amended 4-14-2005) Sec. 3-180. Satellite receiving dish antenna. A satellite dish shall be allowed in all zones; however, in all residential zones the following requirements shall apply: (A) Dish shall not extend more than three feet above the highest point of the roof nor be greater than 18 inches in diameter. Satellite receiving antennas placed upon the ground shall not exceed 18 inches in diameter. (B) Location of the antenna must be approved by the building official prior to installation. (C) A property owner who has in place a nonconforming antenna at the effective date of the ordinance from which this section is derived may continue to maintain the antenna. In all zoning districts, antenna will be placed so as not to create a hazard to traffic or public utilities. (Ord. Correction to dates, amended 4-14-2005) (Ord. Correction to dates, amended 4-14-2005) Sec. 3-210. Child day care facilities. Child day care facilities, when located in a district as a permitted use shall have a minimum of 100 square feet of outdoor play area [and] shall be provided for each child. Such outdoor play area shall be enclosed by a fence not less than four feet in height. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-220. Amusement parks. The sale of alcoholic beverages is not permitted on the property of any amusement park. Also as required by article V, chapter 58 of the City Code, eEating and drinking establishments must be housed in a fixed structure and certified by the Chatham County Health Department. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-230. Turtle nesting protection. The beaches of Tybee Island serve as a prime nesting site for sea turtles, an endangered species. Coastal development threatens the survival of sea turtles because artificial lighting discourages nesting females and causes disorientation of hatchlings during the nesting season, which runs from May 1 through October 31 each year. It is the intention of the city to offer protection to these endangered sea turtles by providing standards for lighting in the shore protection area adjacent to the city's beaches. For the purposes of this section, the protected nesting area shall be the sand beaches of Tybee Island. (A) Exceptions. The following point sources of artificial light are exempt from the provisions of this section: (1) All lights necessary for the safe navigation of vessels utilizing the waters surrounding the city; (2) All lights necessary to mark obstructions to the safe use of airspace over, above and around the city; (3) All lights necessary for regulating the safe passage and movement of vehicular and pedestrian traffic within the city; 20101028 CC Packet Page 94 of 120 19 (4) Any light that has been specifically designated by the fire and/or police commissioner(s) as necessary for the security and safety of the human inhabitants of the city. (B) New development. Building and electrical plans for new construction including parking lots, dune crossovers, and all other outdoor lighting that can be seen from the beach shall comply as follows: (1) Floodlights shall be shielded and mounted so that no light illuminates the beach and the point source of light is not visible from the beach. (2) Pole lighting shall be shielded and mounted so that light is directed away from the seaward side of the pole and the point source of light is not visible from the beach. (3) Low profile luminaries shall be positioned so that no light shines directly onto the beach. (4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates the beach and the point source of the light is not visible from the beach. (5) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. (6) Temporary security lights at construction sites shall not be mounted higher than 15 feet above ground and shall be positioned not to illuminate the beach. (C) Existing development. All lighting shall come into compliance with the following standards: (1) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. (2) Lights illuminating crossovers shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off during the period of May 1 through October 31 of each year. (3) Security lighting shall be shielded or screened so that the beach is not illuminated and the point source of light is not visible from the beach, or low profile luminaries may be used. (D) Publicly owned lighting. Streetlights and lighting of publicly owned beach access areas must be in compliance with the following: (1) Wherever possible, streetlights shall be located, shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach. (Sec. 3-230(D)(1), recommend we delete the words “Wherever possible” at the beginning of the sentence.) (2) Lights at parks or other public beach access points shall be shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach or, if not necessary for security or public safety, utilization may be discontinued during the nesting season. (Ord. Correction to dates, amended 4-14-2005) 20101028 CC Packet Page 95 of 120 20 Sec. 3-240. Wetlands protection. (page 19, Section 3-240What is the definition of “wetland protection district,” and where do we find that definition. (Section 5-10 (K)?, Article 15?) U.S. Army Corps of Engineers determination shall be required prior to the issuance of a permit for any regulated activity within the wetland protection district. If the corps determines that wetlands are present and that a Section 404 permit or letter of permission is required, no permit for the regulated activity will be issued until the corps has issued the Section 404 permit or letter of permission. If the corps determines that there are no wetlands present on the proposed development site, Tybee Island may proceed with its normal permitting procedures. (Ord. No. 2000-11, 2-11-2000; Ord. No. Correction to dates, amended 4-14-2005; Ord. No. 2000-11 Wetlands Protection, add 5-24-2000) 20101028 CC Packet Page 96 of 120 20101028 CC Packet Page 97 of 120 20101028 CC Packet Page 98 of 120 20101028 CC Packet Page 99 of 120 Action Item Date Department Completed Additional Comments 1 HWY 80 Laning Pedestrian/Bicycle Lane for Lazaretto Bridge 04/01/2006 Mayor on-going Project is now being prioritized by the County. 2 Beach/Park Bathrooms 2006 DPW/Lynn on-going 2 Mobile Restrooms installed 6.15.09. MSC restroom renovated. One (1) mobile restroom is in FY11. 3 Municode Codification 01/02/2006 Clerk/Hughes on-going 2010 Ordinances adopted to date are in process of confirmation by city attorney and clerk and will be submitted toVivian for Supplement #4 by 6/30/2010. Municode is codified through 6/30/2010 4 Opening Cemetery for Cremation Remains 12/14/2006 Hughes City Manager on-going PO Sent. Wall on order. 5 Derelict Structures on the Beach 09/28/2006 Mayor/BTF on-going City did not receive NOAA Funding. Mayor wrote letter to General about monitoring and safety issues. Structures are now starting to become visible now. City installing new warning signage. City sent WARDA request for funding to Senator Chambliss' office on 5/17/10. Currently a WARDA Request. 6 Pursue Hosting Coastfest every other year 02/22/2007 Mayor on-going 7 Business Tax Relief/Incentives 01/23/2007 City Council on-going 8 8th Street (Beach Side) Drainage 10/08/2009 Infrastructure Committee on-going City received permit with conditions. City staff is working with DNR staff to meet those conditions. Project is in FY 11 Budget. 9 Tybee Advocacy 07/26/2008 Mayor Postponed. City will look into using a on-line service. Information about service given to C.C. 10 Publicizing Tybee and City Initiatives 07/26/2008 IT/City Manager on-going Updating Cable 7 programming, information on web newsletter and back of W & S bill, Facebook, Twitter, and reverse 911 system to communicate. 11 Permitting Beach Management Plan 06/08/2008 BTF on-going BTF Sub-Committee has completed draft, and plan has been review by Erik Olsen and returned to the BTF Sub-Committee. 12 Land Development Codes Updated 01/08/2008 Hughes/Lynn on-going In Process 13 Parking Issues 07/09/2009 Parking Committee on-going Meters were installed at Medical Clinic site and at St. Michael's (Between Butler Ave. and Lovell), parking stops installed in Inlet parking lot and no parking signs installed on one side of Chatham. P&D installed in Memorial Park. Decal Ordinance approved on 10/14/10. 14 Memorial Park Plan Follow-Up 08/18/2008 City Council/Vivian Reviewed at C.C. July 17, 2010 workshop. Vivian to schedule Public Workshop. 15 Jones Avenue Bike Lanes 10/18/2008 City Council on-going Grant Applied for through the Safe Routes to Schools. City did not receive grant in 2008/09. Project is no longer eligible for safe routes to schools due to the closing of St. Michael's. 16 Bicycle Friendly Designation City Manager/Mayor/Vet on-going Tybee received honorable mention on May 1, 2010 and will receive details from Federation on areas for Improvement Bicycle Friendly Committee has been meeting to apply in February 2011. 17 Leadership Tybee 01/04/2009 Steering Committee on-going Program in process.. There are 12 committed Participants. 18 Ceramic Building -Cleanout 08/27/2009 DPW DPW has removed trash from building. All items in building are the City's. 19 Beach Showers like the St. Simons Showers 10/08/2009 Infrastructure Committee/Mayor Infrastructure Committee is looking at possible options. 10/22/2010 20101028 CC Packet Page 100 of 120 20 Revamp Hotel/Motel Ordinance & Streamline Enforcement 02/13/2010 Hughes/Hogan on-going 21 Occupation Tax Update 02/13/2010 Hughes 22 Ensure Trash Can Ordinance if Enforced 02/13/2010 City Manager/Police Chief City Marshal will be using a sticker program with two warning and then will issue citation. Stickers are being designed at Spanish Moss Printing. 23 Ensure WastePro is adhering to Contractual Obligations 02/13/2010 City Manager on-going 24 Apply for Sustainable Office Partnership 02/13/2010 City Manager/Lynn on-going City received Bronze Recogniation in August 2010 25 Add Trash/Recycle Cans on Beach & Services Regularly 02/13/2010 City Manager/DPW on-going 26 Check Beach Safety Signage/Mobi Mats 02/13/2010 City Manager/DPW on-going New mobimat for Eastgate cross-over is in the FY 11 budget. 27 Beach Signage 06/24/2010 City Manager/Public Safety Committee Public Safety Committee to review necessary signage. 28 BTF Letter City Council Reviewed at July 17, 2010 C.C. Workshop. 29 Bicycle Trail Easement Bubba Hughes Need easement before applying for TE Grant. 30 Review Curb Stops in Memorial Park Parking Committee Parking committee reviewed issue/Joe to return a proposed plan and cost. 31 Set up Workshop for Beach Business Vivian 32 Send out short PR pieces regarding recycling and trash containers CM/IT on-going 33 Juvenile Ordinance Bubba Hughes/Public Safety Committee 34 Disorderly Household Ordinance Bubba Hughes/Public Safety Committee 10/22/2010 20101028 CC Packet Page 101 of 120 NON-PROFIT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ____ day of ______________, 20__ by and between the __________________________, a Georgia corporation, hereinafter referred to as “Non-Profit”, and the CITY OF TYBEE ISLAND, a Georgia municipal corporation, hereinafter referred to as “City.” WHEREAS, Non-Profit is a corporation organized under the laws of the State of Georgia; and WHEREAS, Non-Profit provides cultural benefits to the citizens of the City and the public in general and the City benefits from such cultural activities; and WHEREAS, City provides certain benefits to Non-Profit as a result of and in consideration for the benefits to the citizens of the City; and WHEREAS, the City has budgeted $____________ as consideration for the services provided to the community by Non-Profit; and WHEREAS, the parties hereto wish to enter into an agreement to document the mutual benefits and services each provides to the other. NOW, THEREFORE, it is hereby agreed as follows: 1. The City City will pay the budgeted funds to Non-Profit in exchange for the Non-Profit providing the following services generally described as follows: 2. In further consideration of the provision of funds by the City to Non-Profit, Non-Profit warrants that it will comply with all reasonable rules and regulations of the City with respect to providing audited financial reports as requested, evidence of insurance meeting City requirements, minutes of meetings and reports of activities. 3. This Agreement shall terminate at the end of the calendar year of its execution and may be terminated earlier by the City upon thirty (30) days notice to Non-Profit at the address below. 4. Any special stipulations are attached hereto and made a part hereof. 5. Non-Profit agrees to indemnify and hold harmless the City, its agents, officials, employees and representatives from any and all claims including, but not limited to, attorneys’ fees arising from acts or omissions directly or indirectly related to Non-Profit’s activities. 20101028 CC Packet Page 102 of 120 This ____ day of ______________________, 20___. CITY OF TYBEE ISLAND, GEORGIA By:_______________________________________ Mayor, Jason Buelterman Signed, sealed and delivered in the presence of: _______________________ Attest:________________________________ Witness City Clerk, Vivian Woods ______________________ Notary Approved as to form: __________________________ Edward M. Hughes City Attorney NON-PROFIT: By:_____________________________________ Signed, sealed and delivered in the presence of: _________________________ Attest:______________________________ Witness Secretary _________________________ Notary Public Address: ________________________________ ________________________________________ EMH/Tybee/Forms/Non-Profit Services Agreement – Blank 10.08.10 20101028 CC Packet Page 103 of 120 COMMUNITY SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ____ day of ______________, 20__ by and between the __________________________, hereinafter referred to as “Community Service Provider”, and the CITY OF TYBEE ISLAND, a Georgia municipal corporation, hereinafter referred to as “City.” WHEREAS, Community Service Provider is a group or association on Tybee Island; and WHEREAS, Community Services Provider provides community service benefits to the citizens of the City and the public in general and the City benefits from such activities; and WHEREAS, City provides certain benefits to Community Services Provider as a result of and in consideration for the benefits to the citizens of the City; and WHEREAS, the City has budgeted $____________ as consideration for the services provided to the community by __________________________; and WHEREAS, the parties hereto wish to enter into an agreement to document the mutual benefits and services each provides to the other. NOW, THEREFORE, it is hereby agreed as follows: 1. The City will pay the budgeted funds to Community Service Provider in exchange for the Community Service Provider providing the following services generally described as follows: 2. In further consideration of the provision of funds by the City to Community Service Provider, Community Service Provider warrants that it will comply with all reasonable rules and regulations of the City with respect to providing audited financial reports as requested, evidence of insurance meeting City requirements, minutes of meetings and reports of activities. 3. This Agreement shall terminate at the end of the calendar year of its execution and may be terminated earlier by the City upon thirty (30) days notice to Community Service Provider at the address below. 4. Any special stipulations are attached hereto and made a part hereof. 20101028 CC Packet Page 104 of 120 5. Community Service Provider agrees to indemnify and hold harmless the City, its agents, officials, employees and representatives from any and all claims including, but not limited to, attorneys’ fees arising from acts or omissions directly or indirectly related to Community Service Provider’s activities. This ____ day of ______________________, 20___. CITY OF TYBEE ISLAND, GEORGIA By:_______________________________________ Mayor, Jason Buelterman Signed, sealed and delivered in the presence of: _______________________ Attest:______________________________ __ Witness City Clerk, Vivian Woods ______________________ Notary Approved as to form: __________________________ Edward M. Hughes City Attorney COMMUNITY SERVICE PROVIDER: By:_______________________ ______________ Signed, sealed and delivered in the presence of: _________________________ Attest:______________________________ Witness Secretary _________________________ Notary Public Address: ________________________________ ________________________________________ EMH/Tybee/Forms/Community Service Provider Agreement – Blank 10.08.10 20101028 CC Packet Page 105 of 120 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 10/28/2010 Item: Employee Drug Testing Policy Explanation: Per the request of City Council at the 9/23/10 meeting this item is being returned to Council with highlighted changes from the current ordinance. Budget Line Item Number (if applicable): n/a Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn on behalf of the City Attorney Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: Date given to Clerk of Council: 10/20/2010 20101028 CC Packet Page 106 of 120 Sec. 46-29. Drug free testing policy. A. Statement of purpose. It is the policy of the City that the abuse of alcohol and drugs by public employees is detrimental to the health, safety and welfare of the public. The purpose of this section is to establish reasonable standards and procedures for drug and alcohol testing of city employees and applicants for employment for certain public health, safety and security positions within the City. The City also recognizes that individuals employed as municipal employees have certain rights to privacy. However, under applicable state and federal laws, the City's interest in protecting the health and safety of the public outweigh the individual employee's legitimate expectations of privacy. Accordingly, certain procedural safeguards, limitations, and due process guarantees are set forth in connection with the testing required by this section. B. Scope of policy. Drug and alcohol abuse by City employees is prohibited. This shall include the illegal manufacture, distribution, possession or use of a controlled substance, the abuse of prescription medications, and the use of alcohol during or immediately preceding work hours or on City premises. This prohibition also includes the unauthorized use of prescription drugs or the abuse of prescribed drugs. The use or possession of prescription drugs while on work premises, or while working, which could affect or impair the ability to function in one’s job shall be prohibited, unless the prescribing physician has been notified of the duties involved with the employee’s position and has approved, in writing, the use of the drug while that employee is performing those duties. Use of “over the counter medication” which has a narcotic labeled as “can cause drowsiness,” shall not be used by employees prior to operating a City vehicle or heavy equipment or performing other safety sensitive functions. If an employee is directly observed using alcohol, or a controlled or illegal substance while on duty, the City expressly reserves the right to immediately terminate the employee without testing as provided in this policy. The employee may appeal such actions as per section 46-35. C. Testing for certain drugs. When drug and/or alcohol testing is required under the provisions of this section, a urinalysis test, or other appropriate test, will be given to detect the presence of the following drugs: 1. Alcohol (ethyl); 2. Amphetamines (e.g., speed); 3. Barbiturates (e.g., Amobarbital, Butabarbital, Phenobarbital, Secobarbital); 4. Cocaine; 5. Methaqualene (e.g., Quaalude); 6. Opiates (e.g., Codeine, Heroin, Morphine, Hydromorphone and Hydrocodone); 7. Phencyclidine (PCP); 8. THC (marijuana); 9. A metabolite of any such substances; 10. All drugs specified by the state as controlled substances; 11. All drugs required to be tested under applicable federal laws. D. Reasons for Testing. 1. Pre-employment. As a condition of employment so as to guard against hiring people with current drug use problems. 20101028 CC Packet Page 107 of 120 2. Testing of current employees. (a) Reasonable Suspicion. The City may require a current employee to undergo drug and/or alcohol testing if there is reasonable suspicion to believe that the employee is under the influence of drugs and/or alcohol during working hours. The term "reasonable suspicion" means a belief that can be articulated based upon specific facts and reasonable inferences drawn from those facts. Circumstances, which constitute a basis for determining reasonable suspicion, include, but are not limited to: (i) A pattern of abnormal or erratic behavior; (ii) Observed use, possession or sale of illegal or prescription drugs or alcohol, or a report of same from a reliable source; (iii)Employee involvement in or contribution to a work-related accident; (iv) Presence of physical symptoms of drug or alcohol abuse (i.e., glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or motor reflexes); (b) On-the-job accident. When any employee has an accident in a City vehicle for which they are cited or listed on the police report as being “at fault” or when any employee has an accident or injury on the job that results in the employee seeking medical help under Workers’ Compensation. (c) Violations of criminal drug law statutes involving the use of illegal drugs, alcohol, or prescription drugs and/or violations of other drug/alcohol statutes. (d) Follow-up program for treatment of drug or alcohol abuse. (e) Fitness for duty medical examination. When a substance abuse test is conducted as part of a regularly scheduled employee fitness for duty medical examination that is scheduled routinely for members of an employment classification or group. (f) Random screening.. Employees may be randomly tested without reasonable suspicion when they are in a position involving public health, safety or security. Federal law under the department of transportation and the state department of transportation regulations require random and post-accident testing of all employees who possess a commercial driver’s license which they utilize in the course of their job-related duties. The City Manager will determine and provide a list of those employees who are subject to random drug/alcohol testing. E. Pre-employment Drug Testing 1. All applicants for employment who have been tentatively selected for a position must submit to a urine drug test before final selection. 2. A positive drug screen invalidates the offer made by the City to the individual seeking the position. Applicants will be notified in writing if they are rejected on the basis of a confirmed positive result. The individual will not be able to re-apply for employment with the City for one year. 3. Refusal by an applicant to be tested will result in the job offer being rescinded. F. Employee Drug Testing. As described above, there are several types of situations that call for testing of employees or prospective employees, including pre-employment, reasonable suspicion testing, random testing with employees in safety sensitive positions, and follow-up under discipline or employee assistance protocols. The City Manager, or his/her designee, shall identify all positions considered safety sensitive. Positions so designated shall be positions that, if an employee in such position were in any manner impaired by controlled substances, the employee’s ability to safely and/or substantially perform the duties of the position could be compromised with potential great risk of harm to the employee, other employees, or the general public. 20101028 CC Packet Page 108 of 120 Any employee who refuses to consent to drug and/or alcohol testing when reasonable suspicion has been identified, or any employee in a safety sensitive position who refuses such testing upon request, will be subject to immediate discipline up to and including termination. 1. Reasonable Suspicion Drug Testing a. A supervisor is required to detail, in writing, on the designated personnel form, the specific facts, symptoms, or observations, which formed the basis for their determination that reasonable suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the appropriate department head or designee as the City Manager finds appropriate. These forms shall be considered confidential. 2. On-the-Job Accident Drug Testing a. Any traffic accident involving a City driver in a City vehicle where the driver is “at fault” in the accident, will be required to be tested for alcohol and drugs. The determination of “at fault” should be made by the police. If an accident involves an injury or another vehicle, a police report must be obtained. Supervisors may decide to get a police report on any accident when there is a question of “at fault” status. b. If the employee tests positive on his/her screen, he/she will be terminated from employment and not offered a “second chance” for treatment under EAP. 3. Random Drug Testing a. Employees in positions defined by the City Manager to be safety sensitive. b. Employees with Commercial Drivers Licenses under DOT regulations. c. Employees referred to EAP for positive drug test or job related problems. G. Employee arrest/conviction notification. If an employee is arrested or convicted (including pleas of nolo contendere) of violating any criminal drug statute of any jurisdiction, regardless if the alleged violation occurred at the workplace or elsewhere, the employee must notify the City Manager, in writing, within five calendar days of each arrest or conviction. H. Prior notice of testing policy. The City shall provide written notice of its drug-free testing policy to all employees. This shall be accomplished by providing each existing employee with a copy of the drug-free testing policy and obtaining each employee's signature attesting that they have received a copy of the drug-free testing policy. Job applicants may be informed verbally or in writing of the existence of the City's drug-free testing policy. Furthermore, any job posting which requires a drug/alcohol screening shall state such in the job posting. I. Procedures to be Followed for Reasonable Suspicion Testing. If, in the opinion of the department head or his/her designee, a reasonable suspicion (a reasonable suspicion must be based on objective indications of alcohol and/or controlled substance abuse; more obvious indications of alcohol and/or controlled substance abuse include repeated unauthorized absences, repeated illnesses, bloodshot eyes, slurred speech, lethargic behavior, rapid weight loss, behavior inappropriate or inconsistent with the workplace, or odor of alcohol arises, arises, the following procedures shall be followed: 1. The supervisor shall determine if there is a reasonable suspicion an employee may be under the influence of alcohol or drugs, including controlled substances and prescriptions, or both. 2. When possible, a supervisor should have a second supervisor or member of the management team verify suspicion through observance of the employee’s behavior in the workplace. This second verification is required for CDL drivers. 20101028 CC Packet Page 109 of 120 3. The employee shall be escorted by the supervisor to this/her office or to an area where confidentiality can be maintained. The other “observing” supervisor or management team member, if any, who can maintain confidentiality, should be witness to the conversation. 4. The supervisor must be clear with the employee about the viewed behavior. The employee should be questioned as to whether he/she may be ill or taking medications. The supervisor should advise the employee of any odor of alcohol. The supervisor should use caution in questioning the employee about alcohol or drug use. The supervisor must keep statements and questions geared to job performance and/or work-related behavior. The Reasonable Suspicion Observation form for supervisors included in this policy must be used when testing an employee “for cause.” This form must be signed by the two supervisors, if two participated, and the supervisor if only one, and returned to the City’s HR Administrator or designee within 24 hours of the drug test. 5. The department head should be contacted of the decision to test the employee. The HR Administrator or designee should also be notified so the lab can be informed of the employee to be tested. 6. The supervisor should escort the employee to the City’s designated lab. The employee wll be asked to sign a consent form prior to testing. 7. After the drug test is completed, the supervisor should make the necessary arrangements to have the employee taken home. If the employee refuses assistance, or at any time during the process of this test decides to leave the worksite on their own, the police should be called to warn them of the employee’s condition. 8. The employee shall be placed on leave with pay until results from the drug/alcohol test are verified. If the test is negative, the employee is to immediately return to work. If positive, the employee is referred to the HR Administrator or designee to be evaluated. The employee is immediately suspended without pay for 5 working days and will not e allowed to return to work until he/she has a negative drug/alcohol screen. 9. Every effort will be made to uphold the principle of allowing the employee to get treatment for an alcohol or drug problem. If the employee has had previous treatment, has extensive problems related to job performance, or shows a lack of interest or motivation in getting help for his/her problem, a decision may be made by his/her department head for termination. After testing positive, an employee must have a negative screen to return to work after the 5 day suspension. If the recommendation is to retain the employee, they will be required to follow through with a program of treatment, and a Continuing Care Contract. Once the employee returns to work, he/she is subject to immediate termination not only for further substance abuse, but also for failure to follow through with the terms of his/her contract. 10. Employees who are required to drive as a part of their work may be subject to suspension or loss of driving privilege as a result of a drug test or incident. This disqualification from driving may result in demotion to a non-driving position or termination form employment. J. Random Testing for Employees in Positions Defined by the City Manager to be “Safety Sensitive.” The City Manager, or his/her designee, shall identify all positions considered safety sensitive. Positions so designated shall be positions that, if an employee in such position were in any manner impaired by controlled substances, the employee’s ability to safely and/or substantially perform the duties of the position could be compromised with potential great risk of harm to the employee, other employee, or the general public. 20101028 CC Packet Page 110 of 120 1. Each year the City Manager or his/her designee will designate a percentage of “safety sensitive” employees to be randomly tested. This percentage may be as low as 10% or as high as 50%. K. Confirmation of test results. 1. An employee or applicant whose test yields a positive result shall be given a second confirming test using a gas chromatography/mass spectrometry (G.C./M.S.) tests. The second test will be performed on the same sample as the first test; the employee/applicant will not be permitted to submit a second sample. 2. If the second test confirms the positive test result, the employee or applicant shall be notified of the results, in writing, by the appropriate department head or designee. The letter of notification shall identify the particular substance found and its concentration level. A copy of the test results shall be included with the notification letter. 3. An employee or applicant whose second test confirms the original positive test result may, at the employee's or applicant's own expense, have a third test conducted on the same sample at a laboratory selected by the City. The employee/applicant must respond to the notifying department head or designee, in writing, within five calendar days from receipt of notification of a positive test result, explaining and/or contesting the result, and/or requesting a third test conducted on the original sample. L. Consequences of a confirmed positive result for applicants and employees. 1. Job applicants will be denied employment with the City if their initial positive results have been confirmed. Applicants will be notified in writing if they are rejected on the basis of a confirmed positive result. 2. If an employee's positive test result has been confirmed, the employee is subject to disciplinary action up to and including termination in accordance with section 46-33. M. Mandatory termination. Termination will be mandatory in the following cases: 1. Selling drugs on or off the job; 2. A positive drug or alcohol test while either on probation or while participating in a drug or alcohol treatment program; 3. A nolo plea, guilty plea or conviction of a second DUI offense; 4. A DUI offense (nolo plea, guilty plea or conviction) while operating a City vehicle; 5. A felony violation (nolo plea, guilty plea or conviction) of any controlled substance law. N. Right to a hearing. If an employee is tested, and the employee's positive test result has been confirmed, the employee is entitled to an informal disciplinary hearing as per section 46-33(c), before any disciplinary action may be taken by the City. Should any of the listed disciplinary actions be taken, the employee may appeal such actions as per section 46-35. O. Confidentiality of test results. All information from an employee's or applicant's drug and/or alcohol test is confidential under all applicable state and federal laws, and only those with a need to know are informed of the test results. Disclosures of test results to any person, agency, or organization, unless otherwise required by law, are prohibited unless written authorization is obtained from the employee or applicant. The records of the results of a positive drug test shall not be released until the results are confirmed. The records of a confirmed positive test result and the testing laboratory shall unless otherwise required by applicable law, destroy negative test results. 20101028 CC Packet Page 111 of 120 P. Employee assistance program. 1. The City offers an employee assistance program (EAP) benefit for employees and their dependents who have personal problems. These may include, but are not limited to, alcoholism and drug abuse. Voluntary participation prior to an employee being requested to submit to a test is strongly encouraged. In these situations, no disciplinary action shall be implemented because an employee volunteers to participate in such a program. Confidentiality is assured. No information regarding the nature of the problem will be made available without the participant's written permission, nor will it be included in the employee's personnel file. 2. However, participation in the EAP program will not protect an employee from disciplinary action or even termination after he has been requested or required to submit to a drug/alcohol test. In these cases, the EAP process may be used in conjunction with discipline, but not as a substitute for discipline. All employees who are referred to the EAP as a mandatory participant and who refuse to cooperate in counseling and rehabilitation for drug or alcohol use, or who are found to have used drugs or alcohol during the course of their treatment and rehabilitation, shall be subject to immediate termination. All participants in the EAP drug or alcohol programs are subject to random testing during the course of their treatment and rehabilitation. Q. Convicted employees' participation in rehabilitation. The City will notify any granting agency as defined in the Drug Free Workplace Act, within ten days after receiving notice of a conviction from an employee or otherwise receiving actual notice of such conviction and will impose a sanction on or require the satisfactory participation in a drug abuse assistance rehabilitation program by any such convicted employee as required by 41 USC 703 within 30 days of notice of such conviction. R. Maintaining a drug free workplace. The City will make good faith efforts to maintain a drug free workplace through implementation of the provisions hereof and the Drug Free Workplace Act, 41 USC 701 et seq. (Code 1983, §§ 2-4-6.1, 2-4-10.1) 20101028 CC Packet Page 112 of 120 20101028 CC Packet Page 113 of 120 20101028 CC Packet Page 114 of 120 20101028 CC Packet Page 115 of 120 20101028 CC Packet Page 116 of 120 CITY OF TYBEE ISLAND COMMUNITY RESOURCE COMMITTEE MEETING Monday, August 16, 2010 – 6:00 PM Council Chambers final minutes Members Present: Jason Buelterman (liaison), Freda Rutherford, Don Ernst, Rusty Fleetwood, Judy Miller, Sandy Major, Tommy Linstroth, Lisa Callahan, & Pat Locklear Members Absent: Libby Bacon, Mallory Pearce, & Karen Kelly Guests: Paul Wolff Jason Buelterman called the meeting to order at 6:00 PM. He thanked all for coming and introduced Pat Locklear, new appointment, to the group. He asked each member to introduce themselves and say what motivated them to join the committee. There was a motion by Tommy, second by Judy, to approve the minutes from the July meeting. All approved. Water First Jason asked Paul to brief the committee on the Water First Program and to address what they can do to assist in the preparation of the application for redesignation. Paul said that the Department of Community Affairs is our best resource. For example tiered water rates are now mandated. We need to make the Water & Sewer Department financially self-sustaining. Ideally, people using 10,000 gallons of water per month would be paying double what the bottom tier people (3-6,000 gallons) people are paying. At the next meeting the Tybee Council will be voting to institute the next step in the planned tier system. This would give us a leg up on getting our application renewed. He said there is a water calculator at the DCA web site that calculates water savings devices. Pat said that water rates should have been raised 4% a year from the time when he was mayor. He asked what incentives we can give people? Paul said there is a national plumbing code for gray water, low-flow toilets, shallow wells and the like. Rusty said advocating on behalf of setting proper rates should be our first goal. Paul said 20% of households are using 60% of the water. He said people need to be speaking in favor of the rate increase at the council meeting. Sandy proposed that the committee conduct a workshop with city staff, and contractors being available to citizens to talk about water. Pat proposed that it be called a Water Fair. Judy asked about enforcement of the ordinances. Pat said that we don't enforce civil law, only criminal law. Paul said the City Marshall is charged with enforcing the ordinances. Paul said that requirement of the application are: outreach, tiered rates, workshops on native plants and web content on how to conserve. Jason appointed Paul, Judy and Sandy to serve on an organizing committee for the Water Fair probably around the first of the year. 20101028 CC Packet Page 117 of 120 Pat asked about leakage. Paul said we have added 600 taps yet reduced our consumption by100,000 gallons. Freda raised the energy usage for lift and pumping stations. She said the costs is $82,000 for the water and sewer facility on Polk. Paul said we need to convert to solar or a turbine. If we cannot use the turbine in the Memorial park plan perhaps it can go over on Polk. Sandy said that a component of the master plan calls for performing a carrying capacity study. Jason said that the reason that beach projects get done is because the Beach Task Force keeps up with what needs to happen. The city does not have enough staff to keep up with everything. He hopes that this committee can stay on top of sustainability issues. Judy said we need to be on the city web site. Rusty motioned, Freda seconded, to write a letter to council in support of the tiered rate system to bring the fund into balance and to save water. Rusty said he would draft the letter with Freda to edit. All voted in favor. Chatham County Environmental Plan Tommy handed out the Executive Summary of the plan. He said we could keep all the goals or narrow down. He offered to provide us with a framework including goals and steps, at the next meeting. Brainstorm Given the lateness of the hour, Sandy proposed that we delay the brainstorm session until the next meeting and that we focus upon the Water Fair City Energy Use Jason said that Mary has reordered the city energy use chart and he will send to us by email. Pat asked if the city was still paying GA Power $110 a pole? Don said he thought it was down to $9.00 a pole. Nominating Committee Jason said he thought we could get a staff person as Secretary if we moved the meeting to 4:00. All agreed. Judy and Pat volunteered to serve as the nominating committee so that elections can occur at the next meeting. The meeting was adjourned at 7:07 PM . Respectfully submitted, Freda Rutherford Committee Member 20101028 CC Packet Page 118 of 120 TYBEE BEAUTIFICATION ASSOCIATION 8 SEPTEMBER 2010 MINUTES Members present: Deb Barreiro Libby Bundy Lisa Callahan Bill Cannon Bill Garbett Gloria Leonard Chantel Morton Lyn Randall Karen Rhodes Terry Spatz Beth Tanner Kathryn Williams Deb Barreiro presiding August minutes approved with corrected date. Fundraising Mickman wreaths -http://www.mickman.com/fundraising/grandma.html Fundraiser set for September and October – will be delivered to recipients at the holidays – no minimum orders Could have booth at Pirate Fest Pine Straw sales Pirate Fest Steve Kellam spoke to group about splitting 50/50 with TBA the proceeds from the Coke & water concessions. Lisa Callahan to coordinate volunteers. Terry Spatz suggested partnering with another non-profit. High school students 18 or over could get community service if working with TBA member Discussed possibilities of TBA banner/tent/NazT appearance to give out literature and fund raise. Litter Committee – Kathryn Williams Beach Sweep sponsor list compilation – still still soliciting at time of meeting, but completed by 9/13 Future ideas and possibilities – “Pirate Sweep” Sunday afternoon after Pirate Fest SSU frat contacted Kathryn to volunteer as a group Still exploring ways to reduce the number of participants: Pre-register at United Way site Call Kathryn or Shirley Sessions Do not offer community service – but that may be self-defeating 20101028 CC Packet Page 119 of 120 September 18 – Kathryn will email the schools to let them know that the previous numbers of participants have been unwieldy; she will offer to accommodate specific schedules, if possible 9 AM registration Shirts and water/juice/breakfast snacks will be given out at the beginning – a good visual image of the “shirts on the beach” during the sweep Adopt-A-Highway – thanks to participants Prom – Lyn Randall Donations still trickling in Garden Committee – Deb Barreiro Pine straw purchased for sale 9/10 – Guardhouse and Gazebo Financial Report Alfie Waite has TBA books and will come back with a recommendation if corrections need to be made. The information is anticipated for the October meeting New Business Will volunteers put of plastic bottle litter dispensers on their own property? Do we need a Sunshine Committee? Chantel Morton – working on a “Keep Tybee Beautiful” award grant; looking at TBA pictures Minutes submitted by Lisa Callahan for approval 20101028 CC Packet Page 120 of 120