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19801008CCMeeting1 1 1 77 Tybee Island, Georgia October 8, 1980 The regular monthly meeting of the Tybee Island City Council was held at 3:30 p.m. on Wednesday, October 8, 1980 at the Tybee Island City Hall, with Mayor Michael J. Counihan presiding. The following members of Council were present: William C. Fleetwood, John J. Owen, Jim Fabrikant, Jr., Julianne J. Meyers, Nick C. Alexander and Jerome W. Bettencourt. W. Lance Smith, III, City Attorney was also present. Mayor Counihan offered the opportunity to visitors wishing to speak, but there were none. The minutes of the meetings of September 10th and September 24th were approved as written. Bills were approved as follows: Capital Outlay of $5,243.50, Other Ex- penses of $616.98, General Government - $2,380.48, Parking Meter - $337.02, Police Department - $5,732.81, Sanitation - $3,161.91, Public Works - $5,543.41, Recreation - $240.53, Ceramics - $535.85, Sewer - $3,559.16, Water - $1,714.58, and Fire Department - $127.96. During discussion of the bills Councilman Fleetwood remarked that he is dissatisfied with services provided by the County for taxpayers within municipalities. He asked that Council consider petitioning the County Commissioners, especially McCorkle, to provide more services for the taxes received by residents within Tybee Island city limits. Fire Committee Chairwoman, Julianne J. Meyers, announced that the Tybee Island Volunteer Fire Department has won six trophies and the banner in a recent county -wide competition. The trophies and the banner were brought into the auditorium by several members of the fire department. Mrs. Meyers introduced Bobby Randall, Rookie of the 1 78 Year, Hank Buckley, State Fireman of the Year, and Jimmy Brown, State Fireman of the Year last year (1979). She informed Council that this is the first time ever that one department has won this award two years straight. The Council concurred with her praise of the local fire department, and extended congratulations to those firemen present. Councilman Fleetwood, Chairman of Finance /General Government, introduced Mr. Tom Pate of Metro Waste who offered Council some information concerning the implementation of a program of solid waste management designed to meet specifications of the Enyironmental Protection Division of the Department of Natural Resources. Mr. Fleetwood stated that Council needs to make some firm decisions shortly in order to take advantage of the 50/50 matching funds grant from EPD. He suggested that Mr. Pate and Mr. Fabrikant, chairman of the Department of Public Works /Sanitation, meet immediately after the meeting for a discussion of transfer station equipment. Mr. Alexander asked if a transfer trailer would not be a better choice; Mr. Pate stated that the transfer trailer would be approximately five times more expensive to operate. Mr. Alexander suggested that perhaps the trailer could be rented rather than purchased; it was suggested that he meet together with Mr. Fabrikant and Mr. Pate after the meeting. Also under Committee business, Councilwoman Meyers urged that members of Council support Constitutional Amendment Number Five in the November General Election. She stated that this amendment will enable pensioners to receive an increase under the State Pension Plan for retired firemen. Mayor Counihan presented the name of Mr. Thomas Scholl for Trainer- Fire Inspector. There being no objection from any member of Council, Mr. Scholl was appointed; this appointment becomes effective as of October 30, 1980. The second reading of Ordinance Number Four (additions to the schedule of business license fees) was intoduced by Councilman Fleetwood. He moved the adoption of the ordinance; there was no second and the ordinance failed to be adopted. 1 79 Ordinance Number Five was read by Mr. Fleetwood. After the reading, he moved its adoption; Councilman Fabrikant seconded and the ordinance passed unanimously on Second Reading. A copy of this ordinance is attached to, and becomes a part of, these minutes. Ordinance Number Six was read. Councilman Fleetwood moved its adoption; Councilman Owen seconded; the vote was unanimously in favor. This was the Second Reading of this Ordinance; it becomes effective as of this date, and a copy is attached to, and becomes a part of, these minutes. Ordinance Number Seven was read for the second time. Councilman Fleetwood moved its adoption; Councilman Owen seconded and the ordinance was adopted unanimously. A copy is attached to, and becomes a part of, these minutes. Ordinance Number Eight was read and Councilman Fleetwood moved its adoption. Councilman Owen seconded. Under discussion, Councilman Owen asked that those permits issued prior to its adoption be immune from the provisions of this ordinance. This was agreed and the vote was five to one, with Councilman Alexander opposing. A copy of this ordinance is attached to, and becomes a part of, these minutes. Ordinance Number Nine was read for the second time. Councilman Fleetwood moved its adoption, Councilman Owen seconded and the vote was unanimously in favor. A copy of this ordinance is attached to, and becomes a part of, these minutes. Ordinance Number Ten was considered on Second Reading. Councilman Fleetwood moved its adoption; Councilman Owen seconded and under discussion the City Attorney stated that notification before cut -off will be handled so as to meet the provisions of the state laws. The ordinance passed by unanimous vote; a copy is attached to, and becomes a part of, these minutes. The Second Reading of Ordinance Number Eleven followed. Councilman Fleetwood moved its adoption; Councilman Owen seconded and its adoption was unanimous. A copy is attached to, and becomes a part of, these minutes. Ordinance Number Twelve was considered on Second Reading. Councilman 1 1 1 80 Fleetwood moved its adoption; Councilman Owen seconded, and the vote was unanimously in favor. A copy of this ordinance is attached to and becomes a part of, these minutes. The First Reading of an ordinance to require bonding for general contractors (and certain other contractors) was read. Councilman Fleetwood explained that the purpose of the bonding is to prevent fly -by -night operators from taking advantage of property owners. Mayor Counihan stated that this ordinance will be considered at a later date, and accepted Mr. Fleetwood's statements as information. Councilman Bettencourt read a resolution for the establishment of an advisory board for recreation. He prefaced his explanation by stating that he felt that all departments could benefit by the advice of citizens and recommended that all depart- ments consider establishing citizen boards. He then read the resolution (a copy of which is attached to, and becomes a part of, these minutes), and moved its adoption. Councilwoman Meyers seconded the motion. Under discussion Councilman Fleetwood stated that some areas of city government lend themselves more readily to advisory boards than others; he is personally against advisory boards for every department. The resolution was then adopted by unanimous vote of Council. Councilman Bettencourt then explained to Council that time is important in completing the 50/50 matching funds grant for Jaycee Park - he stated that projects not yet completed include an outdoor basketball court and the purchase of playground equipment. He provided some figures estimating the cost of completing these projects and moved that the projects be completed as soon as possible. Mayor Counihan stated that this matter requires more study and suggested that it be taken up at the next meeting. At that time a discussion of the letter from the Department of Natural Re- sources reporting that maintenance at the Park is not satisfactory will also be dis- cussed, with a view to the completion of the grant procedure as soon as possible. Mayor Counihan then called on Councilman Fabrikant to introduce the next item on the agenda. 1 1 1 81 Councilman Fabrikant then introduced Mr. Benjamin Eichholz, attorney for the petitioners, Frank and Paul Hernandez. Mr. Eichholz explained that the Bay Street project of the Hernandez', Bay View Villas, is now underway, and that the only access to the beach is through an unopened street, Byers Street. He requests permission from the city to build a walkway for pedestrians only along the right -of- way to open the way for people from the development who wish to use the beach. He stated that the petitioner is willing to bear all expense of such a walkway, and to apply to the Department of Natural Resources for a permit to do such work. A permit from the state cannot be applied for unless the city, as owner of the right -of -way, grants permission to the petitioner first. In the course of a lengthy discussion, the City Attorney asked if the walkway needs to be 700 feet in length - he stated that maintenance might be very costly. Councilman Alexander wanted to know if there is any alternative access available to the Bay View Villas, and Mr. Eichholz replied negatively. Mr. Eichholz further remarked that the Department of Natural Resources has already been consulted, and that a walkway is believed to be necessary due to the topography, which is partly marsh. Mayor Counihan answered that state and federal laws may be involved, and that he prefers that the entire Council take the matter under advisement and postpone action until the next meeting. Mayor Counihan then adjourned the meeting. CLERK OF COUNCIL 41.4,... MAY 1 1 R E S O L U T I O N WHEREAS, the governing body of the City of Tybee Island, Georgia, has an established recreation program for the benefit of the citizens of Tybee Island; and WHEREAS, the Mayor and Council feel that the recreation program should be expanded and implemented by an advisory board; and WHEREAS, the Mayor and Council has enlisted the assistance of the Parks and Historic Sites Division of the Department of Natural Resources and received its recommendations; and WHEREAS, the Mayor and Council desires to solicit the involvement of its citizenry; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, Georgia; in Council assembled, that the Mayor, with the approval of the Council appoint an Advisory Board to be known as the Tybee Island Recreation Advisory Board, and consisting of not less than five (5) nor more than seven (7) members, serving without pay, to study the recrea- tional needs of the community and make written recommendations for the implementation of recreational programs. Adopted in Open Council this 8th Day of October, 1980. ' r ATTEST: ` /�� CLERK OF COUNCIL 1 Ordinance Number 5 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PROVIDING FOR THE REPEAL OF SECTION 6 -1 -10 (TAPPING FEES, METERS) OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, CHATHAM COUNTY, 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 Section 6 -1 -10 (Tapping Fees, Meters) of the Code of Ordinances, City of Tybee Island, Chatham County, Georgia is hereby repealed and declared null and void and of no effect. BY: CITY OF TYBEE ISLAND aud-t-14.4-°61-1-‘— MAYOR ATTEST: • C K OF COUNCIL First Reading: September 10, 1980 Second Reading: October 8, 1980 Adopted: October 8, 1980 81 -C Ordinance Number 6 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PROVIDING FOR THE ADDITION OF SECTION 6 -1 -10 (TAPPING FEES, METERS) TO THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA. BE IT ORDAINED by the Mayor and Council of the City of Tybee Island, Georgia in council assembled, that Section 6 -1 -10 (Tapping Fees, Meters) be added to the Code of Ordinances, City of Tybee Island, Chatham County, Georgia; to read as follows: Water tapping fee for a water consumer will be based on the size of meter requested. The fee shall cover the cost of the meter and supervision of installation of same. Actual installation of both lines and meter shall be the responsibility of the applicant, and shall be subject to the rules and regulations of the water department. This tapping fee is payable in advance. Outside city water tapping fees shall be one and one -half (1-1/2) times the inside city fee. (1) 3/4 inch & 5/8 inch (2) One inch (3) One & one -half inch (4) Two inches Inside Outside $175.00 $262.50 $260.00 $390.00 $430.00 $645.00 $600.00 $900.00 (5) Above two inches will be cost plus twenty -five percent. CITY OF TYBEE ISLAND, GEORGIA Mayor r Clerk o Counci First Reading: 9/10/80 Second Reading; 0/8/80 Adopted: 10/8/80 Ordinance Number 7 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PROVIDING FOR THE REPEAL OF PARAGRAPH (b) SECTION 6 -2 -4 (BUILDING CONNECTIONS AND SEWERS) OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, CHATHAM COUNTY, 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 in council assembled, that Paragraph (b), Section 6- 2- 4- (Building Connections and Sewers) of the Code of Ordinances, City of Tybee Island, Chatham County, Georgia be repealed; and declaring same to be null and void and of no effect. First Reading: 9/10/80 Second Reading: 10/8/80 Adopted: 10/8/80 1 BY: ATTEST: CITY OF TYBEE ISLAND CLLP-4=4‘.41, .kA41 �^k of Council 1 Ordinance Number 8 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA., PROVIDING FOR THE ADDITION OF PARAGRAPH (b) (COSTS), SECTION 6 -2 -4 (BUILDING CONNECTIONS AND SEWERS) TO THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA. BE IT ORDAINED by the Mayor and Council of the City of Tybee Island, Georgia in Council assembled, that Paragraph (b) Costs., Section 6 -2 -4 (Building Connections and Sewers) be added to the Code of Ordinances, City of Tybee Island, Chatham County, Georgia, to read as follows: (b) Costs. All cost and expense incident to the connection of the building sewer from the owner's building to the public sewer shall be borne by the owner. Any connection from the owner's property into the public sewer shall be made by the owner, under supervision of the sewer department, and no connection into the public sewer shall be covered until approval of the superintendent of the department is granted. The owner shall pay the city a standard sewer tap fee of $300.00 for a residential tap and $300.00 for a commercial tap; charges for taps, both residential and commercial, outside the city limits shall be $450.00. First Reading: 9/10/80 Second Reading:10 /8/80 Adopted: 10/8/80 CITY OF TYBEE ISLAND, GEORGIA BY: ( Mayor ATTEST: y3. rk of Council 1 1 1 Ordinance Number 9 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GOERGIA, PROVIDING FOR THE REPEAL OF PARAGRAPH (b), SECTION 6 -1 -15 (DELINQUENCY: CUT OFF AND CUT -IN FEES.) OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, CHATHAM COUNTY, 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, in Council assembled, that Paragraph (b), Section 6 -1 -15 (Delinquency: Cut off and Cut -in charges) of the Code of Ordinances, City of Tybee Island, Chatham County, Georgia is hereby repealed and declared null and void and of no effect. First Reading: 9/10/80 Second Reading: 10/8/80 Enacted: 10/8/80 BY: CITY OF TYBEE ISLAND, GEORGIA ATTEST: l o� Cle of Council 1 1 Ordinance Number 10 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PROVIDING FOR THE ADDITION OF PARAGRAPH (b), SECTION 6 -1 -15 (DELINQUENCY: CUT OFF AND CUT -IN FEES.) OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA. BE IT ORDAINED by the Mayor and Council of the City of Tybee Island, Chatham County, Georgia, in Council assembled, that Paragraph (b), Section 6 -1 -15 (Delinquency: Cut off and Cut -in Fees.) be added to the Code of Ordinances City of Tybee Island, Chatham County, Georgia, to read as follows: (b) If any bill for water and sewer services has not been fully paid by the fifteenth day after the original date of billing, then service to the delinquent customer shall be immediately shut off and discontinued. When any service is discontinued it will not be restored to the delinquent customer until the delinquent bill is paid in full, including a service charge in the amount of five dollars ($5.00) each for water and sewer reconnection. First Reading: 9/10/80 Second Reading: 10/8/80 Enacted: 10/8/80 BY: ATTEST: CITY OF TYBEE ISLAND, GEORGIA 1 Ordinance Number 11 -1980 AN ORDINANCE OF THE 'CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PROVIDING FOR THE REPEAL OF PARAGRAPH (b) SECTION 6 -2 -8, TYBEE ISLAND CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA. BE IT ORDAINED by the Mayor and Council of the City of Tybee Island, Georgia, in Council assembled, that Paragraph (b), Section 6 -2 -8, entitled Sewerage Service billing, collection and penalties, is hereby repealed and declared null and void and of no effect. BY: ATTEST: First Reading: 9/10/80 Second Reading: 10/8/80 Enacted: 10/8/80 CITY OF TYBEE ISLAND, GEORGIA rk of Council 1 Ordinance Number 12 -1980 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PROVIDING FOR THE ADDITION OF A PARAGRAPH TO BE DESIGNATED AS PARAGRAPH (b), SECTION 6- 2-8 (SEWERAGE SERVICE BILLING, COLLECTION AND PENALTIES), TYBEE ISLAND CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA. BE IT ORDAINED by the Mayor and Council of the City of Tybee Island, Georgia, in Council assembled, that a paragraph to be designated as Paragraph (b), Section 8 -2 -8 (Sewerage service billing, collection and penalties), Tybee Island Code of Ordinances, be added which shall read as follows: (b) If any bill for sewerage service shall not be paid within fifteen (15) days of the original date of billing, water and sewer service to the delinquent customer shall be immediately shut off and discontinued. The water and sewer service shall not be restored or turned on until the delinquent bill is paid in full, including a service charge of five dollars ($5.00) each for water and sewer reconnection. THE CITY OF TYBEE ISLAND, GEORGIA BY: ' ..�� Mayor ATTEST: First Reading 9/10/80 Second Reading: 10/8/80 Enacted: 10/8/80 t . Al 4L44 rk of Council v