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19800206CCMeeting1 1 1 22 Tybee Island, Georgia February 6, 1980 The regular meeting of the Tybee Island City Council convened at 3:30 p.m. on Wednesday, February 6, 1980 at the City Hall. Mayor M. J. Counihan presided and the following members of Council were present: Nick Alexander, Jerome Bettencourt, Edward Jung, Jack Owen and William C. Fleetwood. Karen Losey was absent due to personal illness. W. Lance Smith, III, City Attorney, was also present. The first guest to appear was Charles Worden, Treasurer for the Tybee Museum Association who presented Council with the museum's annual report. He commented that visitation was down 18% in 1979 and a further 10% drop is expected for this year. He attributed this to gasoline conservation and stated that Fort Pulaski is experiencing the same decline in paid visitors. He further stated that the museum has this year purchased the North gun collection and has added a periscope and a telescope which have been much appreciated by visitors. Mayor Counihan then asked Mr. Tom Bradley, President of the Tybee Museum Association to join with Mr. Worden in accepting the original of a map of the Historic Fort Screven area. This map is presented to the museum by the City of Tybee Island as a token of the appreciation felt by the city for the fine work that is being done by the volunteers who form the Tybee Museum Association. Mayor Counihan then called on Ms. Irma Harlan, CEL Library Director, who presented the annual report of the Tybee Island Branch Library. Ms. Harlan stated that the library has experienced another year of dramatic growth - circulation is now more than 13,000 volumes which is an increase of 1,400 over last year. She stated that the library is offering increased service to the community by making available special requests and that there have been more than 3,200 such special 1 1 1 23 requests filled this year. Through this service the small branch library is able to offer greatly expanded benefits to students and others who have special needs. Ms. Harlan then complimented the city on the cooperation the CEL Library has re- ceived from city officials in such matters as minor repairs, etc. She stated that the library would like the city to provide the following benefits for the next fiscal year: (1) increased hours from 15 hours per week to 19 hours per week - this would mean that the library would be open on Wednesday mornings, which would allow the librarian more time for certain record keeping tasks which are hard to complete during the busier afternoon hours; (2) an additional line into City Hall so that the library would not so often tie up lines needed by other personnel; and (3) the services of a library aide year- round, with increased hours for the aide during the busier summer season. Mr. Bettencourt asked Ms. Harlan if she could use her influence to see if the librarian's salary could be paid by the county in the future. Ms. Harlan stated that she has recommended this in the past several budgets, but believes that it will not be accomplished this year. She stated that the final budget has not been adopted but that it is her understanding that the County Commissioners have made no provision for salaries for branch libraries for the up- coming year. She will continue to recommend this action, however. The next visitor was Mr. Antony Simon, President of the Tybee Island Chamber of Commerce. He informed Council that tourism industry is being endangered by the gasoline shortages and high costs. He stated that the Chamber's membership is not large and that a minimum of $12,000. is needed for advertising, etc. if the island is to compete for the available tourist business. He expressed the feeling that the City, as well as the merchants, must work toward attracting tourists if the income both receive from this source is to be safeguarded. He asks that the 1 24 City provide half of the required monies, i.e., $6,000., which he stated would be approximately 15¢ of each $1.00 the City currently receives in hotel /motel taxes. He stated that the Chamber would welcome this amount from the City in whatever way the City felt best - $500. per month, or semi - annually. Mayor Counihan replied that this request will be considered during the preparation of the budget for fiscal year 1980. Mayor Counihan then opened the meeting for business legally presented. The minutes of the meetings of January 9 and January 30, 1980 were approved as written. Bills for the month of January, 1980 were approved as follows: General Government - $1,922.48, Parking Meter Department - $288.81, Police Department - $1,539.75, Sanitation - $3,081.92, Public Works - $3,324.36, Fire Department - $231.15, Water Department - $2,618.84, Sewer Department - $2,641.27, Recreation Department - $217.84, and Ceramics - $170.96. In addition capital outlay expenses in the amount of $2,462.00 and Other expenses in the amount of $55.12 were also approved for payment. Under communications, the Clerk read a letter of January 25, 1980 to Mayor Counihan from Congressman Bo Ginn which stated that the Congressman will ask for a meeting of all concerned agencies to try to reconcile the differences which are delaying beach renourishment. The letter was accepted as information. The following Resolution for a Quit Claim deed was read: WHEREAS, THE CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA IS A MUNICIPAL CORPORATION CHARTERED UNDER THE LAWS OF THE STATE OF GEORGIA, AND UNDER ITS CHARTER ACTS THROUGH ITS MAYOR AND COUNCIL; AND WHEREAS, THE CITY OF TYBEE ISLAND, GEORGIA, HAS COMPLETED AN EXTENSIVE RESTORATION AND REPLACEMENT OF ITS SANITARY SEWER SYSTEM FOR THE BENEFIT OF ITS RESIDENTS AND VISITORS, AND WHEREAS, IN ORDER TO COMPLETE THE REQUIREMENTS OF THE PROJECT, IT IS NECESSARY THAT THE CITY OF TYBEE ISLAND, GEORGIA ACQUIRE CERTAIN LANDS THAT ARE OWNED BY H.M. DUNN, JR., J. LAURENCE DUNN, AND AUDREY DUNN RHANGOS, AND WHEREAS, THE SAID H.M. DUNN, JR., J. LAURENCE DUNN, AND AUDREY DUNN GHANGOS HAVE AGREED TO CONVEY THE LANDS TO THE CITY OF TYBEE ISLAND GEORGIA, IN EXCHANGE FOR CERTAIN LANDS PRESENTLY OWNED OR CLAIMED BY THE CITY OF TYBEE ISLAND, GEORGIA. NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF TYBEE ISLAND, GEORGIA CITY COUNCIL DULY ASSEMBLED AUTHORIZED THE MAYOR OF THE CITY OF TYBEE ISLAND 1 1 1 25 GEORGIA, TO ACCEPT CONVEYANCE OF AND /OR TO EXECUTE ANY AND ALL QUIT CLAIM DEEDS TO THE FOLLOWING PROPERTY: ALL THAT CERTAIN .6 ACRE LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA, IN BAY WARD AND BEING DESIGNATED ON A PLAT ON THE EASTERN 50' OF BLOCK NO. 6 AND THE WESTERN 50' OF BLOCK NO. 3, BAY WARD, CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA, BY THOMAS & HUTTON ENGINEERING COMPANY DATED DECEMBER 17, 1979 RECORDED IN THE,/ S(_ RECORD OF THE SUPERIOR COURT FOR CHATHAM COUNTY, GEORGIA IN PLAT RECORD BOOK — FOLIO g , AS LOT NO. 1, BLOCK NO 3, BAY WARD, BEING THE WESTERN 50' OF SAID BLOCK 3, BAY WARD, CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA. NOW THEREFORE BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DULY ASSEMBLED AUTHORIZED THE MAYOR OF THE CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA, TO ACCEPT IN EXCHANGE FOR THE ABOVE DESCRIBED CONVEYANCE THE FOLLOWING DESCRIBED LAND: ALL THAT CERTAIN .75 ACRE LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF TYBEE ISLAND, GEORGIA, AND SHOWN ON A PLAT OF THE EASTERN 50' OF BLOCK NO. 6 AND THE WESTERN 50' OF BLOCK NO. 3, BAY WARD, CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA, BY THOMAS & HUTTON ENGINEERING COMPANY DATED DECEMBER 17, 1979 RECORDED IN THE RECORDS OF CHATHAM COUNTY, GEORGIA CLERK OF SUPERIOR COURT IN PLAT RECORD BOOK FOLIO , AS LOT NO. 2. THE PROPERTY HEREIN DESCRIBED IS ALSO KNOWN AS THE EASTERN ONE -HALF OF LOT 9 -A, BLOCK 6, BAY WARD, AND A 20' RESERVED AREA EAST OF SAID LOT 9 -A, BLOCK 6, BAY WARD. After the resolution was read the City Attorney explained that the problem is that the City's sewer treatment plant was situated so as to encroach on property belonging to the Dunn's and that the suggested exchange of lots was intended to alleviate the situation. Councilman Fleetwood then moved the adoption of the resolution and Councilman Owen seconded. Under discussion Councilman Alexander asked if the Dunns had offered a sum of money in addition to the suggested land swap. Mayor Counihan stated that the lots are comparative in size, and that no financial payment on either side had been suggested. Councilman Bettencourt stated that this error was made through no fault of the city, and that in his opinion the lots are not comparative in value. A vote was then taken and the resolution was adopted by a vote of 3 -2, with Mr. Alexander and Mr. Bettencourt opposed. Mayor Counihan then appointed Judge Robert Cook to be Elections Superintendent for the municipal election which is scheduled for May 5, 1980. The Second Reading of the Adopting Ordinance for the new code book was introduced by Councilman Fleetwood who read the editorial memorandum to the public. 1 26 Following the reading, Mayor Counihan called for comments or statements from the audience. There were none. Councilman Fleetwood then moved the adoption of the ordinance; Councilman Owen seconded; vote was unanimously in favor. The ordinance is in effect as of this date and a copy is attached to, and becomes a part of these minutes. (Attachment A) A franchise agreement between the City of Tybee Island and Cable T.V., Inc. was read and explained by the City Attorney. Provisions contained in the agreement were discussed, and the franchise agreement, incorporating minor changes suggested by members of Council, was accepted unanimously and the Mayor was auth- orized to execute the agreement on behalf of the City of Tybee Island. Mayor Counihan then allowed public comments and the following people spoke: (1) Ms. Ann B. Lefcourt stated that she believed the rates suggested might be too high; she impressed on the city officials that their obligation is to provide services as cheaply as possible for the citizens; and (2) Mr. Sebastian Orsini stated that he is a new resident, coming from an area which has had cable television for many years; he further stated that the rates eight years ago were similar to the suggested rates for service in the agreement; he feels that the suggested rates are entirely reason- able and hopes that the service will soon be made available here. There being no further business, the meeting was adjourned. 1 26 -A -1 Ordinance No. 1 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, ADOPTING AND ENACTING A NEW CODE FOR TYBEE ISLAND, GEORGIA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE; PROVIDING CERTAIN PENALTIES; AND FOR OTHER PURPOSES. BE IT ORDAINED by the governing authority of the City of Tybee Island, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The document entitled "Code of the City of Tybee Island, Georgia," a copy of which accompanies this ordinance and is incorpo- rated herein and made a part hereof, is hereby adopted and shall be treated and considered as a new and original comprehensive ordinance. Section 2. All ordinances and resolutions of a general and permanent nature of the city enacted on final passage on or before February 6, 1980, and not in the code or recognized and continued in force by refreence therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. Section 3. The repeal provided for in Section 2 hereof shall not affect any offense or act committed or done or any penalty or forfeit- ure incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall this repeal affect any ordinance or resolution of the city promising or guaranteeing the payment of money by or to the city, or authorizing the issuance of any bonds of the city, or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall this repeal affect any rights or franchise granted by any ordinance or resolution of the city to any person, firm or corporation; nor shall this repeal affect any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc. any street or public way in the city; nor shall this repeal affect the present annual appropriation of the city; nor shall this repeal affect any ordinance or resolution levying or imposing charges, fees or taxes now due or accrued; nor shall this repeal be construed to revive any ordinance or resolution or part thereof that has been repealed by a subsequent ordinance or resolution which is repealed by this ordinance. Section 4. The provisions appearing in this code, so far as they are the same as provisions of ordinances and resolutions existing at the time of the effective date of this code, are intended, and shall be considered as continuations thereof and not as new enactments. Section 5. Any and all additions or amendements to the code, when passed in such form as to indicate the intention of the city council to make the same a part thereof, shall be deemed to be incorporated into the code so that reference to "Code of the City of Tybee Island, Georgia ", shall be understood and intended to include such additions and amendments. Section 6. A copy of the code shall be kept on file in the office of the clerk of council, and preserved in loose -leaf form, or in such other form as the clerk of council may consider most expedient. It shall be the express duty of the clerk of council, or someone author- ized by the clerk of council, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of the city governing authority to make those provisions a part of the code, when those provisions have been reprinted in page form, and to 1 1 1 26 -A -2 extract from the code all provisions which may be from time to time repealed. A copy of the code shall be available for all persons desiring to examine it and shall be considered the official code of the city. Section 7. As pages of the code are replaced because the matter con- tained on them shall have been repealed, amended or otherwise shall have been superseded or rendered obsolete or inoperative, the clerk of council shall retain copies of the pages of the code so superseded rendered obsolete or otherwise rendered inoperative in a file so that the former provisions of the code may be readiliy available and easily found. The purpose of this section is to permit anyone desiring to do so to ascertain the precise status of any section of the code as of any given date. Section 8. In case of the amendment of any section of the code for which a penalty is not provided, the general penalty as provided in the city charter or the code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section 9. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of the code, or to insert or delete pages or portions thereof, or to alter or tamper with the code in any manner whatsoever which may cause the law of the city to be misrepresented thereby. Section 10. All ordinances or parts of ordinances in conflict here- with are, to the extent of such conflict, hereby repealed. Section 11. This ordinance shall be in force and take effect on March 1, 1980. Adopted this 6th day of February , 1980. First Reading: 1 -30 -80 Second Reading: 2 -6 -80 Enacted: 2 -6 -80 A CLERK OF CO NCI