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Home My Public Portal About19790321SCMeeting58 Tybee Island, Georgia March 21, 1979 A special meeting of the Tybee Island City Council was held on Wednesday, March 21, 1979 at 7:00 p.m. at City Hall for the following purposes: (1) To discuss a recommendation from the Tybee Island Planning Commission on the Dunn subdivision, (2) Second Reading on five water -sewer ordinances, (3) Second Reading on amendment to Alcoholic Beverages Ordinance, (4) Resolution to allow the Police Department to purchase radar equipment, (5) Resolution adopting a local sales and use tax, and for other purposes. The meeting was called to order by Mayor M. J. Counihan. The following members of Council were present: Jack Owen, Edward Jung, Karen Losey and Nick C. Alexander. Councilmen Bettencourt and Fleetwood were absent. The City Attorney, Lance Smith, was present, as was Mr. Laurence Dunn. At the request of the Mayor, the Clerk read the minutes of the Planning Commission meeting of March 19, 1979, which recommended to Council that Mr. Dunn's subdivision plans be approved. Mr. Dunn read a letter to Council stating that he will guarantee the immediate development of the subdivision if Council will approve his petition requesting a six -inch water line down South Campbell Avenue to his property line. There was a great deal of discussion, after which Councilman Alexander moved that the plans for the subdivision be approved and the motion was seconded by Councilwoman Losey. It was agreed that the water line decision would be deferred to the next meeting. This motion was passed unanimously. The second reading of Ordinance Number 2 -1979 was read as follows: AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA PROVIDING THAT THE CODE OF ORD- INANCES, CITY OF TYBEE ISLAND, GEORGIA, BE AMENDED BY REVISING SECTION 20 -44 (BUILDING SEWERS AND CONNECTIONS) OF SAID CODE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND: SECTION ONE. THAT SECTION 20 -44 PARAGRAPH (b) OF THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND, GEORGIA BE AMENDED SO THAT SUCH SECTION SHALL READ AS FOLLOWS: COSTS: ALL COST AND EXPENSE INCIDENT TO THE CONNECTION OF THE BUILDING SEWER FROM THE OWNER "S BUILDING TO THE CITY PROPERTY 1 1 59 LINE SHALL BE BORNE BY THE OWNER. THE OWNER SHALL INDEMNIFY THE CITY FROM ANY LOSS OR DAMAGE THAT MAY BE DIRECTLY OR INDIRECTLY OCCASIONED BY THE CONNECTION OF THE BUILDING SEWER. ANY CONNECTION FROM THE CITY PROPERTY LINE INTO THE PUBLIC SEWER SHALL BE MADE BY THE CITY, FOR WHICH THE OWNER SHALL PAY THE CITY A STANDARD SEWER TAP FEE OF THREE HUNDRED DOLLARS ($300.00) FOR RESIDENTIAL TAPS AND THREE HUNDRED DOLLARS ($300.00) FOR COMMERCIAL TAPS: CHARGES FOR TAPS. BOTH RESIDENTIAL AND COMMERCIAL, OUTSIDE THE CITY LIMITS SHALL BE FOUR HUNDRED FIFTY ($450.00). SECTION TWO. ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED. After the reading of the above ordinance, Council unanimously adopted it and it was officially enacted as of March 21, 1979. The Clerk then read Ordinances Number 3 -1979 and 4 -1979 as follows: AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, PROVIDING FOR THE REPEAL OF SECTION 20 -21 (METERS) PARAGRAPHS (f) AND (g) OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA THAT PARAGRAPHS (f) AND (g) OF SECTION 20 -21 (METERS) ARE HEREBY DECLARED TO BE NULL AND VOID AND OF NO EFFECT. AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, BE AMENDED BY REVISING SECTION 20 -21 (METERS) BY THE ADDITION OF PARAGRAPH (f). BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA: SECTION ONE: THAT SECTION 20 -21 PARAGRAPH (f) BE ADDED AS FOLLOWS: DUPLEXES, MULTIPLE - FAMILY DWELLINGS AND HOUSES DIVIDED INTO SEVERAL APARTMENTS TO BE OCCUPIED BY SEPARATE FAMILIES, EXCLUDING HOTELS AND MOTELS, SHALL BE SO EQUIPPED THAT EACH UNIT CAN BE SUPPLIED WITH A SEPARATE METER. THE RATE FOR EACH METER SHALL BE BASED ON THE SERVICE RATE SCHEDULE; PROVIDED HOWEVER, THAT 'IN THE CASE OF EXISTING BUILDINGS ONE METER OF THE PROPER SIZE MAY CONTINUE TO BE UTILIZED. THE RATES FOR THAT METER SHALL BE BASED ON A STAND -BY MINIMUM BASE CHARGE FOR EACH UNIT, AND EACH UNIT WILL BE ASSIGNED A SEPARATE ACCOUNT NUMBER. THE ACTUAL WATER USAGE SHALL BE COMPUTED ON THE PRIMARY UNIT, ACCORDING TO THE METER READING, AND SO BILLED. IN ALL SUCH INSTANCES OF DUPLEXES, MULTIPLE - FAMILY DWELLINGS AND HOUSES DIVIDED INTO SEVERAL APARTMENTS, THE PROPERTY OWNER SHALL BE BILLED ALL SER- VICE CHARGES FOR ALL UNITS. After the second reading of the above ordinances, and the discussion which followed, Councilman Owen moved the adoption of the Ordinances, Councilman Jung seconded and the ordinances were passed with no dissenting vote. Councilman Alexander abstained. The Clerk then read Ordinances Number 5 -1979 and 6 -1979 as follows: AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, PROVIDING FOR THE REPEAL OF PARAGRAPH (b) SECTION 20 -60 (RATE SCHEDULE) OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA, THAT PARA- GRAPH (b) SECTION 20 -60 (RATE SCHEDULE), CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GOERGIA IS HEREBY REPEALED AND DECLARED NULL AND VOID AND OF NO EFFECT. 1 1 1 60 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA BE AMENDED BY ADDING A SECTION TO BE NUMBERED PARAGRAPH (b) SECTION 20 -60 (RATE SCHEDULE). BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND,GEORGIA, THAT THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, BE AMENDED BY ADDING PARAGRAPH (b) SECTION 20 -60 (RATE SCHEDULE) TO READ AS FOLLOWS: THE RATES FOR ALL WATER -SEWER SERVICE CUSTOMERS SHALL HAVE A MINIMUM BASE CHARGE AND SAID MINIMUM BASE CHARGE SHALL BE CONSIDERED A SET STANDARD OR READINESS -TO -SERVE CHARGE AND WILL BE CHARGED WHETHER THE PREMISES ARE OCCUPIED OR NOT. THE STANDBY MINIMUM BASE CHARGE, BOTH INSIDE AND OUTSIDE THE CITY LIMITS, SHALL BE A TOTAL OF SEVEN DOLLARS AND FIFTY CENTS ($7.50) PER MONTH, OF WHICH TWO DOLLARS AND FIFTY CENTS ($2.50) IS FOR WATER SERVICE AND FIVE DOLLARS ($5.00) PER MONTH IS FOR SEWER SERVICE. IN ADDITION, A SURCHARGE OF THREE DOLLARS AND SEVENTY -FIVE ($3.75) CENTS PER MONTH SHALL BE LEVIED FOR SERVICE TO CUSTOMERS OUT- SIDE THE CITY LIMITS. IN CASES OF ABANDONED OR UNOCCUPIED HOUSES, THE READINESS -TO- SERVE CHARGE WILL CONTINUE UNTIL THE BUILDING IS RAZED, AT WHICH TIME THE METER WILL BE REMOVED AND THE CHARGE DISCONTINUED. After the second reading of the two ordinances, Councilman Owen moved their adoption, Councilwoman Losey seconded, and the ordinances were adopted unani- mously. Ordinance Number 7 -1979 was then presented for second reading. It read as follows: AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, BE AMENDED BY REVISING ARTICLE I, SECTION 3 -1, PARAGRAPH (a) (1) OF SAID CODE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA: SECTION ONE: THAT ARTICLE I, SECTION 3 -1 PARAGRAPH (a) (1) BE AMENDED SO THAT SUCH SECTION SHALL READ AS FOLLOWS: IT SHALL BE UNLAWFUL FOR ANY PERSON OR BUSINESS TO SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGES, DIS- TILLED SPIRITS, OR SPIRITOUS LIQUORS FOR BEVERAGE PURPOSES BY THE DRINK FOR CON- SUMPTION ON THE PREMISES AS SUCH TERMS ARE DEFINED BY GEORGIA CODE SECTION 58 -1011 DURING THE FOLLOWING TIMES, EXCEPT AS PROVIDED IN SECTION 3 -1 (a)(3): SUNDAY: 2:56 a.m. TO 12:01 a.m. MONDAY, MONDAY: 4:01 a.m. TO 9:00 a.m. Monday, TUESDAY: 4:01 a.m. to 9:00 a.m. Tuesday, WEDNESDAY: 4:01 a.m. to 9:00 a.m. Wednesday, THURSDAY: 4:01 a.m. to 9:00 a.m. Thursday, FRIDAY: 4:01 a.m. to 9:00 a.m. Friday, SATURDAY 4:01 a.m. to 9:00 a.m. Saturday. SECTION TWO. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED. After discussion, Councilman Jung moved the adoption of the ordinance, Councilman Owen seconded, and it was unanimously adopted. The Clerk then read the following resolution: WHEREAS, THE CITY OF TYBEE ISLAND, GEORGIA, DESIRES TO IMPOSE A CITY - COUNTY COMBI- NATION LOCAL SALES AND USE TAX WITHIN THE SPECIAL DISTRICT WHOSE BOUNDARIES ARE COTERMINOUS WITH THE BOUNDARIES OF CHATHAM COUNTY, AND WHEREAS, A LOCAL SALES AND USE TAX WAS BEING COLLECTED OR HAD BEEN APPROVED FOR COLLECTION BY AT LEAST ONE POLITICAL SUBDIVISION LOCATED WITHIN SAID DISTRICT AS OF FEBRUARY 1, 1979; AND WHEREAS, HOUSE BILL 281 AS PASSED BY THE HOUSE AND SENATE AT THE 1979 GEORGIA GENERAL ASSEMBLY AMENDS THE GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT, AND WHEREAS, SECTION 26A(c)(2) OF SAID ACT, AS AMENDED, REQUIRES EACH QUALIFYING CITY 1 1 61 TO PASS A RESOLUTION IMPOSING A LOCAL SALES AND USE TAX; NOW THEREFORE BE IT RESOLVED THAT A COMBINATION CITY - COUNTY LOCAL SALES AND USE TAX IS HEREBY LEVIED BY THE GOVERNING AUTHORITY OF THE CITY OF TYBEE ISLAND, AND BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF SAID RESOLUTION SHALL BE APRIL 1, 1979. Councilman Jung moved the adoption of the resolution, Councilman Owen seconded, and the resolution was passed unanimously. The Clerk then read a resolution for the purchase of radar equipment for the Tybee Island Police Department, which read as follows: WHEREAS, THE CITY OF TYBEE ISLAND, GEORGIA IS A MUNICIPALITY DEDICATED TO THE BEST INTERESTS OF ITS CITIZENS, INCLUDING ESPECIALLY THE SAFETY GRANTED THESE CITIZENS BY PROGRESSIVE LAW ENFORCEMENT: AND WHEREAS, THE POLICE DEPARTMENT OF THE CITY OF TYBEE ISLAND, GEORGIA HAS REQUESTED THAT, AS AN AID TO THE ENFORCEMENT OF TRAFFIC LAWS ON THE ISLAND, A RADAR UNIT FOR THE USE OF THE CITY PATROL IS NEEDED: AND WHEREAS, THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA, HAVE RECOGNIZED THE NEED OF THE POLICE DEPARTMENT FOR THIS EQUIPMENT: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND THAT THE AFOREMENTIONED RADAR EQUIPMENT BE PURCHASED FOR THE USE OF THE TYBEE ISLAND POLICE DEPARTMENT, AND BE IT FURTHER RE- SOLVED THAT THE POLICE COMMISSIONER BE EMPOWERED TO PURCHASE THE REQUIRED EQUIPMENT FOR THE USE OF THE TYBEE ISLAND POLICE DEPARTMENT. The resolution was discussed by Council and Councilman Alexander moved its adoption. The motion was seconded by Councilman Owen, and passed unanimously. Mayor Counihan announced that Jimmy Brown had been hired as supervisor of lifeguards, meter maids, meter collections and to enforce certain ordinances per- taining to use of the beach. He stated that Mr. Brown will be empowered to issue subpoenas to persons violating the ordinance that prohibits dogs on the beach, and similar ordinances. Council expressed agreement with this action, and supported the move to coordinate the seasonal employment under one person's supervision. There being no further business, the meeting was adjourned until the next regular or special called meeting. CLERK OF COU C L h(),. €1.4'w-4°'"‹ - MAYOR