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19831109CCMeeting06031 Tybee Island, Georgia November 9, 1983 A regular meeting of the Tybee Island City Council was held at 7:30 P.M. on Wednesday, November 9, 1983.at the Tybee Island City Hall. Mayor Charles J. Hosti presided and the following members of Council were also present: Kilma J. McCutchen, Jerome W. Bettencourt, S. J. Orsini, J. L. Fabrikant, Jr., John C. Wylly, Jr., and Jeanne M. Hutton. Thomas J. Mahoney, Jr., City Attorney, also attended. Mayor Hosti opened the meeting for business legally presented and immediately called for Unfinished Business. A petition for re- zoning, tabled for 30 days at the regular October meeting, was the first item before the Council. Mayor Hosti explained to the large audience of interested citizens that debate on this issue would be limited because the public hearing portion of the question had been heard during the October meeting. He then allowed two attorneys to introduce themselves: Mr. Ed Lee, appearing for Dr. Bill Daily and other neighboring property owners, and Mr. Bob Duffy, appearing for the petitioner, Mr. Harris Parker. Each attorney was allowed to make a brief statement supporting his client's views. In addition, Mr. Tom Scholl, Fire Inspector, was allowed to make a statement that the proposed development meets local Fire Codes, and that there is, in his opinion, no fire hazard involved in permitting these structures. Mayor Hosti permitted Mr. Jack Jones, the developer, to speak briefly - he noted that the minutes of the previous meeting showed one neighboring property owner (Mr. Haymans) against the project who_ actually was for the development. This correction was doted. Also recognized briefly were Mr. Joe Agnew and Mr. Charles Silva, both neighboring property owners, who were each allowed a brief statement. Minutes of the meeting of October 12, 1983 were approved after noting the correction made above. 1 1 1 00032 November 9, 1983 Page Two Councilperson Fabrikant, stating that he moved the petition be tabled for 30 days at the October meeting, now moved that the petition be granted, further stating that he believes facilities to be adequate to allow this development. Councilperson McCutchen seconded. Councilperson Orsini noted that it is his understanding that a PUD (Planned Unit Development) is not transferrable from one owner or developer to another. Councilperson Bettencourt stated that, at last month's meeting, a crowd of neighboring property owners expressed opinions. He then stated his belief that the City Council is the voice of the people, and he personally felt that he could not go against the wishes of the majority of the people. Councilperson Hutton said that she had attended the Planning Commission meeting when the project was introduced and that the plans are good. However, she will suOport what most people want for their neighborhood, and that the overwhelming majority are opposed to multi - family development. Councilperson Wylly told the audience that he had spent two hours getting the history of the Bay Street area in question. Ten years ago the westernmost portion of this property, owned by the Dunn family, was re- zoned and is now the site of the Savannah Beach & Racquet Club. The eastern lots were subdivided and deed restrictions were placed on them - it was thought that all these lots had such restrictions, but Mr. Parker's property was evidently omitted. He added that a zoning change such as the one being discussed would not override the deed restrictions on the neighboring properties and that, therefore, he must oppose the petition. Councilperson McCutchen spoke in favor of the petition, stating that the majority of the community at large seem to be in favor of growth, especially the business community. Councilperson Orsini asked if the water study is progressing. 1 1 1 00033 November 9, 1983 Page Three Mayor Hosti replied that bids are being solicited for this work, but that only one such bid has been received thus far. Councilperson Fabrikant stated that the new water line is there already, and that recent tests showed ample water pressure. Councilperson McCutchen said that Fire Department personnel have assured her that the water pressure on Bay Street is better than ever since the condominium developments were completed - one on the western end of Bay Street and another on Pulaski Drive, east of the location in question. Mayor Hosti then called for a vote and the petition failed by a vote of four to two. Councilpersons McCutchen and Fabrikant supported the petition and Councilpersons Wylly, Hutton, Bettencourt and Orsini opposed. Mayor Hosti then read a Resolution honoring Mr. Jerome W. Bettencourt and a plaque was presented to him in recognition of his many years of public service. Bills for the month of October, 1983 were approved as follows: Police Department - $5,085.30, Parking Meters - $1,332.79, Sanitation - $1,541.68, Public Works - $7,219.18, General Government - $9,632.98, Fire Department - $1,233.18, Recreation - $982.34, Parks & Buildings - $341.12. Other Expenses - $84.15, First Responder - $4.59, Water Department - $5,182.56 and Sewer Department - $8,750.98. Councilperson Hutton reported for Public Works /Sanitation that off - season ditch cleaning is progressing and that a map is available so that people can see when the ditches are scheduled. Streets have been prepared for LARP paving and a section of a jetty at 18th Street has been repaired. She called attention to the emergency doors in the auditorium which have been put in this month. 1 1 1 00034 November 9, 1983 Page Four Councilperson Bettencourt reported that the Recreation Supervis ©r is presently on vacation, and that the parks are beautiful and the library growing. He mentioned also that the city has a winning volleyball team this year. Councilperson McCutchen informed the Council that the Fire Department is hosting the Fire Chief Association this month with a steak dinner at the Firehouse. She expressed her gratitude to the department for making her term in office pleasant and stated that sheramay seek public office again when her children are older. Councilperson Orsini stated that Pumping Station #6 is still awaiting renovation. A $39,000.00 contract has been let, but the pump motors have not yet arrived. Councilperson Fabrikant said that one police officer has recently resigned and been replaced by Officer JoAnn Lee, a certified officer who had been working as dispatcher. He informed the group that the town is fortunate to have two excellent female officers, and that the entire department is doing a good job. Councilperson Wylly reported that the Shore Assistance Committee met here yesterday (November 8th) and gave the city a permit to build two jettys for erosion control. Funding for this purpose is still being sought. City Attorney Mahoney read an Insurance Ordinance for the second time. After the reading Councilperson Orsini moved its adoption, Councilperson Hutton seconded and the motion passed without dissent. A copy of this ordinance is attached to, and becomes a part of, these minutes. Councilperson Bettencourt introduced and explained a lease for the city's ceramics operation. He stated that the lessees emphatically understand that ceramics operation is to continue basically the same - prices are not to be inflated and Senior Citizens will receive a discount. He added that Mrs. Solomon, Recreation Supervisor, is moving her office to November 9, 1983 Page Five 00035 Jaycee Park. He added that the reason for the lease is to lessen the expense on the city while maintaining the service for the citizens, and he hopes it will be successful. Mayor Hosti added that this lease was recommended to him and he approved it because it made sense from a business point of view. A Resolution concerning sale of city property, and the charter rights of the City Council was discussed by Councilperson Bettencourt. The City Attorney read a resolution prepared by a former city attorney and there was discussion as to the proper limitation, if any, of City Council's present powers. Although the entire Council expressed their unwillingness to sell the city's rights in any streets or beach access, there were questions as to the implementation of a limitation of Council powers, and the ramifications of such a limitation. Councilperson Hutton suggested a thorough review by the City Attorney, who stated that he needs to research the question, especially since the General Assembly Home Rule Special Legislation may be a factor. Mayor Hosti therefore postponed the question to the next meeting. Councilperson Fabrikant explained that an application for an alcoholic beverage license for Novelty Bar for Mr. Harry E. Rowe, Jr. Councilperson Fabrikant stated that the Police Chief has recommended denial of this license and lib moved that it be denied. Councilperson Bettencourt seconded and the motion passed unanimously. The applicant's attorney, Mr. Don Ramsey, was present and was recognized. He asked for a hearing under Section 3- 3-2 of the City Code, and this question was referredcto the City Attorney. Councilperson Orsini then stated that he wants to go on record as being against any new liquor licenses unless and until the city receives a request from a convention hotel -type facility. He added that he believes the city has sufficient bars already. Mayor Hosti announced that there are two openings on the Tybee Island Recreation Board which will be filled by December 1, 1983. 1 1 00036 November 9, 1983 Page Six There was no further business and the meeting was adjourned until the next regular or special called meeting. CLERK OF CO CIL 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) 00037 LEASE OF PREMISES FOR BUSINESS USE / rSf THIS LEASE INDENTURE, made and entered into this it day of (�- 'Vk.�l�.�_. , 1983, between the.CITY OF TYBEE ISLAND, GEORGIA, of Chatham County, Georgia, hereinafter referred to as "Lessor ", and MARINE CRONE and MARY BETH GAUDRY, of Chatham County, Georgia, hereinafter referred to as "Lessees ", - W I T N E S S E T H- 1. DESCRIP'T'ION OF PREMISES Lessor leases to Lessees, together with all improvements located thereon, with the exception only of the storage space described hereafter, the following described property, to -wit: All that certain lot, tract or parcel of land lying and being in Chatham County, Georgia, on Tybee Island and being all of Block 42 excepting 150' x 150' west of the DPW garages and police department buildings and described as the "cera- mic building" which is the northernmost (seaward) building on the property. The building which is the .subject of this lease is located at Number 80 Van Horne Drive. 2. EXCEPTION TO LEASE; RESERVATION OF SPECIFIED SPACE BY LESSOR It is the intent of the Lessors that the Lessees shall have use of the entire interior of said building with the exception of the two large rooms within the northwestern wing of the building, said rooms being further described as being those rooms formerly used for storage and /or office space for the city's Recre- ation Department; and it is further intended that these two rooms shall be re- served for the city's use as storerooms for the Meter and /or Recreation Depart- ments equipment and /or supplies. 3. TERM The term of this lease is twelve (12) months, beginning on November 1, 1983 and terminating on September 30, 1984. 4. RENT The total rent under the Lease is Ten Percent (10%) of the gross sales and fees generated by said operation and shall be payable in monthly installments each month beginning on November 1, 1983 and continuing through the payment due 1 1 2 Cal for the month of October, 1984. It is provided, however, that the percentages shall not be payable for each month's operation until the TENTH (10th) day of the following month, allowing time for their calculation. 4.. UTILITIES Lessees shall arrange and pay all utilities furnished to the premises for the term of this lease, including electricity, gas, telephone service, water and sewer charges. The water and sewer charge shall be the minimum base rate of $9.60 per month since the building is not metered. 5. REPAIRS AND MAINTENANCE Lessor shall maintain the exterior of the building including the grounds and Lessees shall maintain that portion of the interior of the building used in the Ceramics Operation, excluding only the two rooms retained for city storage, and will maintain and keep maintained all equipment which will be included in the Lease, consisting of two kilns, power apparatus, tables and other assorted equip- ment used in preparing greenware and /or pottery. 6. FIXTURES Lessor and Lessees agree that the existing equipment referred to hereinabove shall remain and be a part of this Lease. In addition, the inventory of greenware, paints and pottery supplies shall be purchased by the Lessees at a mutually satis- factory time for a mutually agreed upon amount. 7. FIRE Should the premises be rendered untenable by fire or other casualty, upon notice to Lessor, rent shall case until the premises are made tenable, a reason- able time being allowed for this purpose. Lessor is to have the right to elect whether to restore the premises or terminate the Lease, notice of such election to be given Lessees after a reasonable period of investigation. Rent under this lease shall not abate in case of partial damage which does not render the premises untenable. 8. ASSIGNMENT Lessees will not sublet or assign this Lease in whole or in part without the 1 i 3 00039 written consent of the Lessor. 9. INSURANCE Lessees shall procure and maintain in force at its expense during the term of this Lease and any extension thereof, the public liability insurance coverage in an amount of Two Hundred Twenty -Five Thousand ($225,000.00) Dollars to protect Lessor against claims for damages and injuries arising from Lessees' occupancy and use of the leased premises, and to indemnity and hold harmless Lessor from any claims or demands. Lessor shall maintain fire and storm insurance coverage on the building itself. 10. USE Said premises shall be used for a ceramics operation and may include retail sales of ceramics on said premises. Lessor and Lessees agree that any ceramics classes shall end no later than 10:00 P.M.; however owners working privately on preparation of articles for custaners may work in said premises until a later hour. 11. Lessees agree that anyone 60 years of age or older shall be entitled to a ten percent (100) discount on all ceramics supplies and articles purchased. 12. Lessees agree to pursue and attempt to collect all current accounts due and payable to the city as of October 31, 1983 and to remit to Lessor all sums collected less twenty percent (20%a) to be allocated for fees and expenses incurred by Lessees in said collection; and Lessees further agree to pursue and attempt to collect all outstanding past due accounts awed to the Lessor arising out of the operation of the ceramics building which are in effect as of the time of the beginning of this Lease and to remit to Lessor all such sums collected less fifty percent (50%) to be allocated for fees and expenses incurred by Lessees in said collection. 13. BINDING EFFECT This lease and the covenants and agreements herein contained shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, asssigns, legal representatives and /or administrators. 14. ENTIRE AGREEMENT This Lease contains the entire agreement hereto and no representations, induce- ments, promises or agreements, oral or otherwise, between parties not embodied herein shall be of any force and effect. ©0010 4 1 IN WITNESS WHEREOF, the said Lessor and the said Lessees have hereunto set their respective hands and seals in duplicate on the day and year first above written as the date hereof. • c),rfjd 1 BY: TYBEE CERAMICS d).4e_,Ledri7 1 1 1 CERAMICS INVENTORY Equipment 2 Air Conditioners (one broken) 1 Electric Fan 1 Gas Heater 1 Gas Cooking Stove 1 Refrigerator 1 Fire Extinguisher 2 Kilns (one in poor condition) 1 Pouring Machine (not working well) 1 Homemade Pouring Table 1 Dremel Tool with Accessories 1 Air Brush Kit Kiln Supplies 5 Boxes Cones 3 Gal. Porcelain Slip 8 Gal. Ceramic Slip 546 Molds Furniture 26 Tables - Various sizes, conditions 48 Chairs - Unmatched 4 Benches 5 Cabinets 6 Shelves 1 Step Stool 1 Filing Cabinet 1 Desk 1 Typing Table 1 Chest of Drawers 1 Shopping Cart 1 Rolling Hospital Cart Basic Tools 8 cleaning tools - unused No New Brushes Paints 2 Grams Gold 2 Grams White Gold 3 Gold Pens 6 Lustres 433 Unopened paints 594 Opened paints 2 Gal. Glaze (Clear) Miscellaneous Supplies 2 Bottles Glue 3 Boxes Deccofelt 29 Christmas Tree Kits 11 Space Ship Kits 1 Music Box Turntable 8 Plaque Stands 2 Electric Clock Sets 17 Lamp Kits 12 Harps 30 pcs Lamp Pipe (approx) 20 socket sets, various 16 cords Bulbs, nuts, fittings, gaskets, washers, etc. 1 Tray of miscellaneous items, similar to above Equipment on Loan Showcases - Edmund Solomon Long Shelves - James Moye Pepsi Machine - Perry Solomon Compressor - Virginia Reeve Potter's Wheel - John Lyons Pottery Supplies 1 Electric Potter's Wheel Small Amount of Clay Greenware Valuation of Approximately $400.00 1 O R D I N A N C E TO IMPOSE LICENSE FEES ON LIFE INSURERS CONDUCTING BUSINESS WITHIN THE CITY OF TYBEE ISLAND, GEORGIA; TO IMPOSE A GROSS PREMIUMS TAX ON INSURERS OPERATING WITHIN SAID CITY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES BE IT ORDAINED by the Mayor and Council of the City of Tybee Island, Georgia, and it is hereby ordained by authority thereof: Section 1: Life Insurers License Fees. There is hereby levied for the year 1984 and for each year thereafter an annual license fee upon each life insurer doing business within the City of Tybee Island, Georgia in the amount of FORTY Dollars ($ 40.00 ). For each separate business location in excess of one not covered by Section 2, which is operating on behalf of such insurers within the City of Tybee Island, Georgia, there is hereby levied a license fee in the amount of FORTY Dollars ($ 40.00 ) For the purposes of this ordinance, the term "insurer" means a company which is authorized to transact business in the class of insurance designated in subsection 1 of 0.C.G.A., Section 33 -3 -5. Section 2: License Fee for Life Insurers Insuring Certain Risks at Additional Business Locations. For each separate business location, not otherwise subject to a license fee hereunder, operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales, offers, solicits or takes application for insurance through a licensed agent of a life insurer 1 1 for life insurance, said insurer shall pay an additional license fee of FOURTEEN 000.3 Dollars ($ 14.00 ) per location for the year 1984 and for each year thereafter. Section 3: Life Insurance Agency License Fees; Independent Life Insurance Agencies, Brokers, etc. not Otherwise Licensed. There is hereby levied for the year 1984 and for each year thereafter an annual license fee upon independent agencies and brokers for each separate business location from which a life insurance business is conducted and which is not subject to the company license fee imposed by Section 1 hereof, in the amount of FORTY Dollars ($ 40.00 ) for each such location within the City of Tybee Island, Georgia. Section 4: Gross Premiums Tax Imposed on Life Insurers. There is hereby levied for the year 1984 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the City of Tybee Island, Georgia in an amount equal to one percent (1%) of the gross direct premiums received during the calendar year in accordance with O.C.G.A., Section 33- 8 -8.1. Gross direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A., Section 33 -8 -4. The premium tax levied by this section is in addition to the license fees imposed by Section 1 of this ordinance. Section 5: Gross Premiums Tax, All Other Insurers. There is hereby levied for the year 1984 and for each year thereafter an annual tax upon each insurer, other than an insurer transacting business in the class of insurance designated in subsection 1 of O.C.G.A., Section 33 -3 -5, doing business within the City of Tybee Island, Georgia in an amount 1 00314 equal to two and one -half percent (212%) of the gross direct premiums received during the calendar year, in accordance with O.C.G.A., Section 33- 8 -8.2. Gross direct premiums as used in this section shall mean gross direct premiums as-used in O.C.G.A., Section 33- 8- 8.2(a). Section 6: Due Date for License Fees. License fees imposed in Sections 1, 2, and 3 of this ordinance shall be due and payable on the first day of May, 1984 and on May 1 of each subsequent year. Section 7; Administrative Provisions. The City Clerk is hereby directed to forward a duly certified copy of this ordinance to the Insurance Commissioner of the State of Georgia. Section 8: Effective Date. This ordinance shall become effective January 1, 1984. Section 9: Severability. In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional, it is the intention of the City Council of the City of Tybee Island, Georgia that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not originally a part of the ordinance. Sectoin 10: Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. - 3 - 1 1 1 00015 �' ORDAINED this 91-6:\/ day of ie7W---litte"--, , 19 6 .3, by the Mayor and Council of the City of Tybee Island, Georgia. • First Reading: October 12, 1983 Second Reading: November 9, 1983 Enacted: November 9, 1983 Ordinance Number 1983 -7 MAYOR, CITY QI TYBEE ISLAND, GEORGIA ATTEST: O 4:1A.A:/ CLE OF COUNCIL I hereby certify that the foregoing is a true and accurate copy of an or 'nance of the City of Tybee Island, Georgia adopted 5? , 193. (SEAL) - 4 RK OF COUNCIL 4-6(