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19830112CCMeeting71 Tybee Island, Georgia January 12, 1983 A regular meeting of the Tybee Island City Council was held at 7:30 p.m. on Wednesday, January 12th, 1983 at the Tybee Island City Hall. Mayor Charles J. Hosti presided and the following members of Council were present: John Wylly, Jim Fabrikant, Jeanne Hutton, S.J. Orsini, Kilma McCutchen and Jerome Bettencourt. The City Attorney, Mr. Thomas J. Mahoney, Jr., also attended. Mayor Hosti opened the meeting by asking if there were members of the audience who wished to speak to the City Council. Mr. Randy Bragg can foward, saying that he is representing the Jaycees who have written in advance to request a permit for a circus to be held on March 24th. Mayor Hosti assured Mr. Bragg that the Council will discuss this during the business portion of the meeting. Minutes of the meeting of December 8, 1982 were approved on motion of Councilperson Orsini, seconded by Councilperson McCutchen and unanimously passed. Bills for the month of December, 1982 were approved as follows: Recreation - $36.24, Ceramics - $1,304.84, Fire Department - $578.54, Water Depart- ment - $3,375.64, Sewer Department - $7,737.24, Public Works - $7,728.58, Sani- tation Department - $2,449.75, Police Department - $7,118.74, Parking Meters - $83.36, General Government - $5,566.87, Other Expenses (Repair of Public Restroaris) - $110.80, Other Electric Bills (Jaycee Park, etc.) - $391.63, and Capitol Expenditures - $9,700.00 (a chipper bought to increase efficiency in trash pickup & disposal). Mayor Hosti commented that we have already reduced our trips to the County Landfill by 28 to 1. It was also noted that expenses were unusually high; this was attributed to the fact that most of the electric bills were two -month bills. A :letter was read from the City Attorney to FENS,, dated January 10, 1983. A copy is attached to, and becomes a part of, these minutes. 1 1 1 A letter was read from Savannah Electric & Power Company's President, Arthur Gignilliat, dated January 10, 1983, accepting the franchise agreement signed by the city on December 8, 1982. The letter was accepted as information, and Mayor Hosti commented to the audience that the franchise rate has increased fram 3% in 1981 to 31 %, made retroactive to the beginning of 1982, and will became 4% for 1983. Next a letter was read commending the Mayor for his actions in the recent controversy concerning the widening of Johnny Mercer Boulevard. This letter was signed by Mr. Earl Marlin, President of the Republican Club. A copy is attached to, and becomes a part of, these minutes. The last communication read was a letter from Mr. Al Dawley, chairman of the Tybee Historical Event Committee. He explained that the committee is hosting a Semiquincentenary Event on July 2nd, 3rd, and 4th, in conjunction with Georgia's 250th Anniversary. He requested that the committee be issued a temporary permit to sell beer, asking that the permit be complimentary, stating that the money earned would be used to help defray the expenses of advertising, entertainment, and other miscellaneous expenses in connection with promoting the event. Councilperson Fabrikant spoke in favor of granting the permit and moved that it be allowed. Council - person Wily seconded; there was a lengthy discussion. It was noted that the Jaycees have been asked to oversee fireworks for the night of the 4th, and Mr. Fabrikant commented that he is sure the entire event will be first class. Mayor Hosti ques- tioned whether beer could be allowed on Sunday. A vote was then called for; the notion to approve passed by a vote of five (5) to one(1), with Councilperson Hutton opposed. Councilperson Fabrikant reported two requests for transfer of alcoholic beverage licenses: Gayle H. Malphrus for Pier 15, and Evelyn L. Smith for Doc's Bar. He stated that these had been investigated by the Police Department and approved by the Police Committee. He then moved that the committee's recommendation be approved by Council. Councilperson Bettencourt seconded and the vote was unanimous- ly in favor. 1 1 1 73 Councilperson Fabrikant also gave an excellent report on the police calls made during the month of December, stating that the calls totalled 201. These calls included 66 traffic violations, 29 neighborhood complaints, 17 drunk & disorderly, 4 burglary, 6 vandalism, 9 theft, 2 fights, 13 injuries or sickness, 15 burglar alarms, 4 vehicle accidents, and other complaints. Councilperson Hutton reported that the public works department is cleaning ditches, with some assistance from Chatham County. Grading and filling of dirt streets is also on the schedule. All public restroom facilities are being painted. Mayor Hosti congratulated Jeanne Hutton on the excellent leadership she is giving her department. Councilperson Wylly reported that 150 feet of riprap has been placed along the seawall between 17th and 18th Streets; he advised that an additional 150 feet should be stabilized in the same manner. He added that this work has been accomplished with $20,000.00 in Governor's Emergency Funds, and that he will try to get more money for this purpose when in Atlanta for Mayor's Day. Another subject which will be discussed in Atlanta is the hazards in the water along the North Beach. Mayor Hosti added that this is a very serious matter; the beach will have to be closed if a solution is not found. Councilperson Wylly then reported that Mrs. Cary, the City Treasurer, is asking that $1,808.20 earned on investments be entered as investment income in the Revenue Sharing Fund. This would cause the Fund to be amended as follows: $55.00 Investment Expense, $20.00 Public Report Expense, and the balance, $1,733.20 to be added to Storm Drain Expense. He then moved to adopt the Treasurer's recommendation; Councilperson Hutton seconded, and the motion passed unanimously. Councilperson Orsini reported that Lift Station #6 will be closed down tonight to replace a valve stem. He added that he plans to be on hand personally and that he has asked the Police Department to be alert in patrolling the area because the radios are not able to contact the police station, and the operation is such that safety precautions should be made. 1 1 74 Councilperson McCutchen reported that the plans for a First Responder Unit are proceeding well; it is hoped to arrange for a six -week course to be taught at City Hall to qualify people, and that it is hoped a van can be purchased. Six kits are already available free for Tybee's use and she hopes the program can be underway by February 1st or soon thereafter. Councilperson Bettencourt announced that the Recreation Committee has granted Mrs. Lynn Daniel and Mrs. Hugh Harrison permission to use a public building for exercise classes for which there is a small fee charged. He also informed the public that the annual basketball program is underway. Mayor Hosti commented that the city has a good recreation program. Councilperson Wylly reported that five members of the City Council attended Mayor's Day in Atlanta, the first time Tybee ever had so much representation. Be added that it was a very busy weekend, and eight meetings were set up for Monday, so that he can assure the taxpayers that it was an all -work trip, not a party, and that he believed a great deal of good was accomplished for Tybee. Councilperson Fabrikant introduced a new ordinance on Rules of the Road, intended to bring the city into harmony with the new Georgia Code. The City Attorney read the Ordinance. Councilperson Fabrikant then moved its adoption, with Councilperson Bettencourt seconding. The motion passed unanimously and the ordinance, on its Second Reading, became effective as of this date. A copy is attached to, and becomes a part of, these minutes. The Second Reading of the Water /Sewer Rate Schedule Ordinance was heard. Councilperson Orsini moved to adopt, stating that the effective date will be March 1, 1983, or as soon thereafter as is practical due to computer programming changes. His motion was seconded by Councilperson Fabrikant and unanimously adopted. A copy of this IIIOrdinance is attached to, and becomes a part of, these minutes. A Resolution honoring former First District United States Representative Ronald "Bo" Ginn was read, and Mayor Hosti added same personal remarks expressing his 75 admiration for the Congressman's public service record. Councilperson Bettencourt then moved adoption of the Resolution and Councilperson Orsini seconded. The vote was unanimously in favor. A copy of this Resolution is attached to, and becomes a part of, these minutes. A Resolution creating a Downtown Development Authority was read and explained by the City Attorney. He told the Council that it is essentially a vehicle to lure persons or companies to engage in major construction or renovation projects. He added that City of Savannah has both a Downtown Development Authority and other such vehicles. There is no cost to the City, and the Authority cannot charge the city for anything, and all developers must still meet all criteria and comply with all laws concerning development, as Well as Boning and building codes. Councilperson Wylly hived to adopt the Resolution and Councilperson Orsini seconded. During the discussion it was decided that the boundaries would include both sides -of Highway 80 and of Butler Avenue, all property presently zoned commercial, and the marina area on Chatham Avenue. The property included is more precisely described and delineated in the attached section of the Resolution. The Board of Directors and the lengths of their terms are also included in the Resolution. There being no further discussion the motion passed unanimously and the completed Resolution is attached to, and becomes a part of, these minutes. City Attorney Mahoney explained that he has been contacted concerning a possible lawsuit arising out of an automobile accident involving a city vehicle, and that the petition seeks damages that appear to be in excess of the actual losses or damages. He stated that he has turned the petition over to the City's insurance carrier, and that he recommends that the City Council move to deny the petition. Councilperson Fabrikant moved to deny, Councilperson Orsini seconded and the motion carried unanimously. Councilperson Hutton explained that a contract to repair a long - standing drainage problem on Chatham Avenue, and accepting an easement across the Williams property, will be let to the lowest bidder, Barfield Company, for a total price of 1 1 76 $9,700.00.. Work will begin shortly. Mayor Hosti added that with Mrs. Williams, and our insurance carrier bearing part of the cost, the total cost thf relocating this line is almost the same as the repair of the line would have been. The contractor will drop $500.00 from the above price if city vehicles can be used to rive trees, etc. The request for a permit to hold a circus on March 24, 1983 was granted to the Jaycees upon motion of Councilperson Hutton, seconded by Councilperson Orsini and unanimously carried. There being no other business, the meeting was adjourned. CLERK OF COUN IL 1 76A ORDINANCE NO. 1 -1983 O R D I N A N C E AN ORDINANCE ADOPTING THE GEORGIA RULES OF THE ROAD, CODE SECTIONS 1 - 395 OF CHAPTER 6 OF TITLE 40, TO REGULATE TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF TYBEE ISLAND, GEORGIA, AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH BE IT ORDAINED by the Mayor and Councilpersons of the City of Tybee Island, Georgia, duly assembled, as follows: SECTION 1. ADOPTION BY REFERENCE. Pursuant to Chapter 6 of Title 40, Code Sections 40 -6 -372 through 40 -6 -376, Code Sections 40 -6 -1 through 40 -6 -395 of that Chapter known as the Uniform Rules of the Road are hereby adopted as and for the traffic regulation of this City with like effect as if recited herein. SECTION 2. PENALTIES. Unless other penalty is expressly provided by law, every person convicted of a violation of any provision of this Ordinance shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months, or by both such fine and imprisonment. SECTION 3. REPEAL. Existing Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect from and after the i/ day , 19 . above and foregoing Ordinance being adopted in Open Council day o , 1983. First Reading: December 8, 1982 Second Reading: January 12, 1983 Enacted: January 12, 1983 MAYOR, CITY OF ISLAND, GEORGIA CLERK, CITY OF TYBEE ISLAND, &GEORG 1 1 1 76B Ordinance No. 2 -1983 ORDINANCE AN ORDINANCE ADOPTING PARAGRAPHS "b" and "c ", SECTION 1, CHAPTER 3, TITLE 6, TYBEE ISLAND CODE OF ORDI1, ENTITLED "WATER AND SEWER CHARGES" AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH: SAID ADOPTED SECTION TO READ AS FOLLOWS: (b) The rates for all water -seer service custaners shall have a minimum base charge and said minimum base charge shall be considered a set standard or readi- ness to serve charge and will be charged whether the premises are occupied or not. The standby mi.nimun base charge, both inside and outside the city limits, shall be a total of nine dollars and sixty cents ($9.60) per month for residential cust- aners, of which three dollars and twenty cents ($3.20) is for water service and six dollars and forty cents ($6.40) per month is for sewer service. The standby minimum base charge for commercial customers, both inside and outside the city limits, shall be twelve dollars and sixty cents ($12.60) per month, of which four dollars and twenty cents ($4.20) is for water service and eight dollars and forty cents ($8.40) per month is for sewer service. In addition, a surcharge of $4.80 per month shall be levied for service to custaners outside the city limits. In cases of abandoned or unoccupied houses, the readiness to serve charge will con- tinue until the building is razed, at which time the meter will be removed and the charge discontinued. (c) The rate charges for water -sewer service shall be determined by the amount of water used and these charges shall be as. follows: Residential Commercial water, per thousand (1,000) gallons $.30 $.30 sewer, per thousand (1,000) gallons $.50 $.50 BE IT THEREFORE ORDAINED, by Mayor and Council, in Open Council assembled,- that Paragraphs "b" and "c", Section 1, Chapter 3, Title 6, entitled "Water and Sewer Charges ", of the Tybee Island Code of Ordinances, Tybee Island, Georgia be adopted hereby, and that all sections in conflict with same are hereby declared null and void and of no effect. by: Attest: First Reading: Decanber 8, 1982 Second Reading: January 12, 1983 Effective Date: /( THE CITY OF TYBEE ISLAND, GEORGIA CLERK 1 1 76C WHEREAS, Congressman Bo Ginn has served the people of the First District of Georgia, including Tybee Island, with devotion and zeal since 1972; and WAS, he has earned a national reputation for his work in environmental affairs, especially for what he has done to preserve wilderness areas for future generations; and WHEREAS, the officials of the City of Tybee Island, keenly aware that our barrier island is vulnerable to many forces detrimental to its quality of life, have often called upon Congressman Ginn t� help us in our effort to preserve and protect our prime natural resource, our public beaches; and WHEREAS, The Congressman has helped to secure funds for many important local projects, including beach erosion control, always responding to our needs with quick concern and effective action; NOW THEREFORE, BE IT RESOLVED, by Mayor and Council in Open Council assembled, that the Mayor and Council of the City of Tybee Island, Georgia, do by this Resolution and Public Record, recognize the profound influence for good that Congressman Ginn has excerised upon our nation, and upon the First Congressional District of Georgia in particular, recognising further that his retirement from Congress is a distinct loss to his people of the First District, and to our community; AND BE IT FUR RESOLVED that this Resolution be spread upon the pages of the minutes of this meeting, and that a copy be presented to Congressman Ginn at an appropriate time and place, and in an appropriate manner. by: Adopted this day o THE CITY OF TYBEE ISLAND 1983. 76D RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA, DECLARING A NEED FOR A DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF TYBEE ISLAND, GEORGIA, AND ACTIVATING SAID DOWNTOWN DEVELOPMENT AUTHORITY, AND FINDING, DETERMINING AND DECLARING OTHER MATTERS PURSUANT TO DOWNTOWN DEVELOPMENT AUTHORITIES LAW, GEORGIA LAWS 1981, PAGE 1744. WHEREAS, the City of Tybee Island, Georgia (the "City "), is a municipal corporation wi,thin the meaning of the Downtown Development Authorities Law, Georgia Laws 1981, Pages 1744, et seq. (the "Act "); and WHEREAS, the City Council is the "Governing Body" of the City of Tybee Island, Georgia, within the meaning of the Act; and WHEREAS, the City, acting by and through the City Council, is authorized and empowered under and pursuant to the provisions of the Act (a) to declare a need for a Downtown Development Authority to function in the City of Tybee Island, Georgia, (b) to activate the Downtown Development Authority, (c) to designate as the Downtown development area that geographical area within the city limits which, in the judgment of the City Council, constitutes the central business district of the City of Tybee Island, Georgia, and (d) to appoint the initial Board of Directors of the Downtown Development Authority; and WHEREAS, in the judgment of the City Council of the City of Tybee Island, Georgia, activating a Downtown Development Authority for the City of Tybee Island, Georgia, will contribute to and further the revitalization and redevelopment of the central business district of the City of Tybee Island, 1 1 Georgia, and such will develop and promote the public good and general welfare, trade, commerce, industry and employment opportunities, and promote the general welfare of the State of Georgia by creating a climate favorable to the location of new industry, trade and commerce and the development of existing industry, trade and commerce within the central business district of the City of Tybee Island, Georgia. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYBEE ISLAND, GDORGIA.AS FOLLOWS: Section 1. It is hereby found, determined and declared as follows: (a) There is a need for a Downtown Development Authority, established pursuant to the Act, to function in the municipal corporation of the City of Tybee Island, Georgia. (b) The Downtown Development Authority of the City of Tybee Island, Georgia is hereby activated. (c) There is hereby designated as the Downtown Development Area that geographical area within the city limits of the City of Tybee Island, Georgia, which is shown on Exhibit A attached hereto and which, in the judgment of the City council of the City of Tybee Island, Georgia, constitutes the central business district of the City of Tybee Island, Georgia. (d) The following residents of the City of Tybee Island, Georgia, are hereby appointed to serve on the Board 1 of Directors of the Downtown Development Authority of the City of Tybee Island, Georgia, for the terms indicated: Mr. Charles J. Hosti, Mayor Six Years Mr. Dean Nichols Four Years Mr. Anthony P. Simon Two Years (e) The following named residents of the City of Tybee Island, Georgia, each of whom has been found to have or to represent a party having an economic interest in the redevelopment and revitalization of the Downtown Development Area, are hereby appointed to serve on the Board of Directors of the Downtown Development Authority of the City of Tybee Island, Georgia for the terms indicated: Mr. J. T. McCusker Two Years Mr. Robert Duffy Six Years Mr. Paul Jackson Six Years Mr. John Ludlow Four Years (f) The Downtown Development Authority of the City of Tybee Island, Georgia, shall have all those powers granted to Downtown Development Authorities pursuant to the Act. (g) This activation of the Downtown Development Authority of the City of Tybee Island, Georgia, will contribute to and further the revitalization and redevelopment of the central business district of the City of Tybee Island, Georgia, and will develop and promote the public good and general welfare, trade, commerce, industry and employment opportunities, and promote the general welfare of the State of Georgia by creating a climate favorable to the location of new industry, trade and commerce, and the development of existing industry, trade and commerce within the City of Tybee Island, Georgia. Section 2. All orders and resolutions and parts thereof in conflict herewith are to the extent of such conflict hereby repealed, and this resolution shall take effect and be in full force and effect from and after its passage and approval. Passed and approved this 12th day of January, 1983. EXHIBIT A The Downtown Development Area of the City of Tybee Island, Georgia, 'which area constitutes the central business district of the City of Tybee Island, Georgia, is that area within the City Limits of the City of Tybee Island, Georgia which is bounded on the north by the Savannah River, on the east by the Atlantic Ocean, on the South by the Atlantic Ocean and the entrance to Tybee Creek, and on the West by inlet Avenue, Second Avenue, Jones Avenue, Second Avenue again, to Second Street and thence in a line parallel to First Street until it reaches Chimney Pot Creek, from which point it follows the landward boundary of the city limits to Lazaretto Creek. in addition to the area delineated above, also included is an area described as follows: bounded on the Northwest by HorsePen Creek, on the West by Tybee Creek, on the Southeast by Seventh Avenue beginning at Chatham Avenue and running to the intersection of Seventh Avenue with Twelfth Street, and thence in a straight line to its point of beginning at HorsePen Creek. The Downtown Development Area of the City of Tybee Island is more particularly shown on the attached map which becomes a part of this record.