The URL can be used to link to this page

Home My Public Portal About19971211CCMeeting1 1 1 1997- 12 -11. City Council Minutes Mayor Walter W. Parker called the December 11, 1997 Council meeting to order at 7:35 P.M. The following members of Council were present: Ed Merves, Jack Youmans, William Remeta, Michael A. Hosti, Mallory Pearce and John O'Neill. City Attorney Edward Hughes and City Manager Bill Farmer were present. The Pledge of Allegiance followed the invocation given by Reverend Lee Bennett. Mr. Shel Solomon requested from council that he be allowed to cut down one live oak and one water oak at 802 1st Street. Parker asked if he planned to replant according to the ordinances. Solomon answered yes. Pearce volunteered to work with Solomon on the type of trees to plant. Mayor Parker opened, asked for comments and closed the following three Public Hearing according to law: 1.) Mr. Allen Hendrix presented his petition for a minor subdivision at 1213 Bay Street stating that all lots would be in excess of 12000 square feet. Pearce said that the DNR dune line is not here and that you are dealing with a lot that is eroding. Parker said that Hendrix is only asking for a subdivision at this time. Youmans stated that the eroded portion of the lot can be used towards the square footage required by code. Pearce said that if the tree goes then the lot would not be buildable. 2.) Mr. Dale Johnson requested a minor subdivision at 6A & 6B 7th Terrace stating that the building is in compliance with the codes and that the fire wall is in place. 3.) Attorney Harold Yellin and Vice President and General Manager Harry Spirides presented Council with a height variance petition for 50 feet on the restaurant between the two Ocean Plaza hotels. Yellin said that this is a unique situation, DOT said that it has to be 18 feet above the roadway, this will not block any view, there will be no habitable space above the 50 feet, this is in a C -1 district. Yellin said that S.B. & R.C. was given a variance and it is in a residential district. Yellin stated that Planning Commission has approved. Merves asked if DOT set the 18 feet? Merves does not think that any semi trucks will be going through. Yellin said that DOT is 14 feet but this would make the first floor between the two floors of the hotels in order to comply with ADA regulations. Merves asked about an elevator. Spirides answered yes. Merves asked what the heights of the ceilings on both floors. Spirides answered about 3 feet more. Youmans said that he served with Katrina Hughes on a committee that negotiated the air rights with George Spirides and was told then that the restaurant would have to be 18 feet up. Pearce said that the top floor looks higher. Spirides said that the bar level is about 1 foot lower than the top floor. Spirides said that the structure will require about 3 feet of steel support for each floor. Remeta asked why are we picking this to death, it is a beautiful building, in a commercial zone, not blocking any view and it needs the crown to make it attractive. Remeta said that Spirides will be spending about 2 million and this is a win /win situation for the island. O'Neill said that in researching previous minutes that it is noted that your father submitted similar plans. Remeta 1 said that this will mean more jobs on Tybee, more tax revenues for the City and will compliment the Pier /Pavilion which is 75 feet in height. Mr. Pat Shay, Mr. Clifford Meads, Mr. Pat Locklear, Ms. Sallie Keller, Mr. Sanja Patel, Ms. Alice Martin, Mr. Bert Barrett, Jr., Mr. Chris Solomon, Mr. Vin Patel, Mr. Tony Simon all spoke in favor of the project and requested Council to grant the height variance. Ms. Jeanne Hutton explained why she supported the Savannah Beach and Racquet Club variance request stating that they complied with the setback ordinances and asked Council to consider what they promised and how will they answered the next variance request if it is stated that it is unique in nature. Mayor Parker opened the meeting for business legally presented. • Remeta moved to remove two trees for Council was unanimous Youmans moved to Allen Hendrix at 1213 Council was unanimous approve the request from Shel Solomon to 802 1st Street. Hosti seconded. Vote by approve the minor subdivision petitioned by Bay Street. Remeta seconded. Vote by Youmans moved to approve the minor subdivision petitioned by Dale Johnson at 6A & 6B 7th Terrace. Remeta seconded. Vote by Council was unanimous. Remeta move to approve the 50 foot height variance requested by Mr. Harry Spirides. Youmans seconded. After a short discussion Youmans called for the question. Remeta seconded. Vote on the question was 4 in favor (Youmans, Remeta, Hosti, O'Neill); 2 opposed (Merves, Pearce). Vote on the main motion was 5 in favor (Merves, Youmans, Remeta, Hosti, O'Neill); 1 opposed (Pearce). Youmans moved to put the negotiations between Hargray Wireless and the City in the City Attorney's hand and that all revenue received from the lease go into the Gym Fund. Remeta seconded. Vote by Council was unanimous. Pearce moved to accept the bills for November. (copy attached and becomes apart of these minutes). Merves seconded. Vote by Council was unanimous. Pearce moved to approve the November 13th and 20th minutes. Merves seconded. Vote by Council was unanimous. Pearce moved to adopt the Resolution on the 1998 budget. Hosti seconded. After a lengthy discussion Pearce withdrew his motion. Hosti agreed. A budget workshop will be advertised for December 18th at 6:30 P.M. Farmer said that the request for the paving of a street from the Savannah Beach Nursing Home has been researched. Findings are that the strip is owned by the City and that the City should allow the nursing home to pave it if they wish. Farmer presented a priority list for open, unpaved streets on Tybee for information only. There are maps in Farmer's office that can be seen. Farmer asked that Council review list and map and vote on list at the December 18th Council meeting. Pearce moved to accept the 1997 budget adjustment suggestion from Farmer. Merves seconded. Vote by Council was unanimous. Pearce moved to adopt the motorium on telecommunication 1 1 1 tower on its second reading. Merves seconded. Youmans asked why it was not under the heading of 2nd Readings for ordinances. Clerk of Council Brown said that she considered it a resolution at first and forgot to move it on the agenda. Youmans said that any request already in to City hall will be grandfathered. Vote by Council was 3 in favor (Pearce, Merves, O'Neill); 3 opposed (Youmans, Remeta, Hosti). Mayor Parker broke the tie by voting in favor. Farmer stated that on the December 18th agenda will be a contract proposal from Olsen and Associates. Farmer said that the traffic study is nearly complete. City Attorney Hughes explained in detail his opinion letter concerning the Fair Labor Standard Act on salaried persons. Council agreed that the city attorney should compose an ordinance. Hughes stated that compensatory time is an option for governments that the private industries can not give compensatory time Hosti moved to set the speed limit on 6th Street at 25 miles per hour with DPW posting the signs after Chief Price researches the speed limit on 6th Street. Pearce seconded. Vote by Council was unanimous. Hosti moved to approve the alcohol beverage license for James H. Sellers, Jr. located at 1513 Butler Avenue. The name will be Bohemian Cafe. Pearce seconded. Vote by Council was unanimous. Youmans moved to approve the request form the Corps of Engineers to drill 2 wells on Tybee. Hosti explained why this is needed stating that the Federal Government gave them a permit to do this on Cockspur Island. Pearce seconded. Vote by Council was unanimous. The following ordinance were moved for adoption by Pearce and seconded by either Hosti or O'Neill on their second readings: Section 2 -2 -5 Districts; Polling Places; Section 2 -2 -7 Registration list; time of registration; Section 2 -2 -9 Qualification periods; Section 2 -2 -17 Qualifying Fee. Vote was unanimous by Council. Pearce moved to adopt Section 4 -3 -10 Overcharging Prohibited on its second reading. Hosti seconded. Youmans asked who was going to consider what is overcharging. Vote by Council was 4 in favor (Merves, Hosti, Pearce, O'Neill); 2 opposed (Youmans, Remeta) . The following ordinances were read and moved for approval on their second readings by Pearce, seconded by Hosti. Section 4 -3- 11 Zoning Regulations Suspended; Section 4 -3 -12 Emergency Occupational Tax /Registration; Section 4 -3 -13 Emergency Building Permit; Section 4 -3 -15 Intergovernmental Agreements. Vote by Council was unanimous. Pearce moved to adopt Section 4 -3 -14 Emergency Curfew and Closure or Restriction of Areas on its second reading. Hosti seconded. Vote by Council was 4 in favor (Merves, Hosti, Pearce, O'Neill); 2 opposed (Youmans, Remeta). Brown said that the information on the contract for Waste Management is for information only. If Council decides to go out for bids, Waste Management must be notified in writing. 1 1 1 As there was no further business to come before Council the meeting was adjourned. / ayor Walter W. Parker Assistant City Manager Rowena B Fripp 1 1 Bills for November, 1997 Department November Expenditures % Of Annual Budget Expended Administration $ 30,132 91% Inspections $ 5,803 77% Special Appropriations $ 40,952 98% Police $ 59,133 99% Fire $ 7,633 91% Public Works $ 42,388 93% Sanitation $ 34,284 86% Recreation $ 2,012* 82% Parks & Park Bldgs. $ 812 116% Lifeguards $ 180 91% Parking Services $ 22,083 111% Water /Sewer $ 40,733 64% SPLOST - -Roads -- Rec,Storm, Util - -Beach $ 1,745 0 1,050 695 42% W/S Construction $ 54,267 55% ournai Entry Correction. General Fund Revenues for November = $163,590 = 94% of Annual Budget Predicted Income. Water /Sewer Revenues for November = $227,163 = 68% of Predicted Annual Income. 1 Date: From: To: MEMORANDUM December 1, 1997 Ro Mayor & Council, Bill Subject: 1997 - Budget Adjustment Requests Following are what I believe to be the final requests by the City Treasurer and the Department Heads for changes in the current year's budget as we near FY 97's end. A "plus" indicates a request for an increase in the total departmental budget. Police - 106170 6000 - 6080 - 6115 - 6117 - 6118 - 6119 - 6120 - 6121 - 6122 - Police Salaries /Wages Travel & Related Expenses Uniforms, Accessories Radio System, Repair /Maint. Radar System, Repair / Maint. ID Supplies Investigative Expense Jail Expense Pictures /Newspaper Dept. Total +$43,000 - 1,000 - 500 - 300 - 300 - 300 300 - 800 - 200 +$39,300 Fire - 106171 6000 - Salaries 6011 - Pension 6030 - Insurance 6055 - Vehicle Maint /Repairs 6099 - Miscellaneous 6120 - Breathing Apparatus 9040 - Pumper Refurbish Fire Dept. Total +$ 1,000 + 300 + 786 + 1,500 + 110 + 5,000 + 24 +$ 8,720 Water /Sewer 2070276320 - 2070276050 - 2070276055 - 2970299020 Water Sewer Operating Supplies Repairs & Maintenance Vehicle Maint /Repair - Construction in Progress Dept. Total +$12,000 + 25,000 + 3,000 - 40,000 -0- 1 Parking - 106393 6000 - Salaries & Wages +$10,000 6012 - Social Security + 500 6040 - Office Supplies - 722 6045 - Computer Hardware + 22 6050 - Repairs & Maintenance - 221 6055 - Vehicle Maintenance + 1,700 6059 - Postage -$ 2,500 6063 - Gasoline + 250 6070 - Training + 96 6080 - Travel & Related Expenses + 95 6110 - Operating Supplies + 3,200 6112 - Parking Decals - 3,200 6500 - Small Equipment - 500 9000 - Capital Lands & Bldgs. - 1,000 9010 - Capital Furniture, Fixtures - 500 9020 - Capital Machines, Equipment - 10,000 9030 - Capital Vehicles + 751 Parking Dept. Total -$ 2,029 Administration 6000 - Salaries & Wages -$ 2,000 6010 - Hospitalization + 648 6012 - Social Security - 658 6020 - Workers' Compensation + 270 6030 - Insurance - 61 6040 - Office Supplies + 1,495 6041 - Copy Expense - 1,071 6045 - Computer Hardware + 1,895 6046 - Computer Software - 579 6047 - Computer Service Contracts - 400 6050 - Repairs & Maintenance - 1,600 6059 - Postage - 47 6060 - Telephone + 12,000 6061 - Electric • - 1,000 6070 - Staff Training + 432 6080 - Travel & Related Expense + 100 6081 - Emergency Management Expense - 500 6083 - City Mgr Misc Expense + 500 6090 - Staff Dues /Subscriptions + 200 6099 - Miscellaneous Expense + 1,900 6110 - Legal - 1,000 6111 - Audit & Accounting Fees - 500 6112 - Cleaning Service + 800 6114 - Hosting Officials - 1,200 6115 - Pest Control - 259 6119 - GMA Dues - 7 6120 - RDC Dues + 58 6121 - County Tax Billing - 6,873 6500 - Small Equipment Purchases + 3,081 1 1 1 6118 - Shop Equipment Repair 9000 - Capital Lands /Buildings 9001 - Capital School 9010 - Capital Furniture /Fixtures 9040 - Public Restroom /Bch Maint 9045 - Roads - Crushed Rock 9000 - SANITATION /Lands /Bldgs 9020 - SANITATION Machine /Equip Total Public Works /Sanitation - 500 + 13,600 + 16,100 - 500 + 4,401 - 3,000 - 1,000 - 1,000 +$20,700 Justification - Removal /Replacement of Underground Storage Tanks charged to 106280.9000 is an unanticipated, EPD mandated expense that could well be charged out among all departments that use the tanks for gasoline. Line item 106280.9001 - There was no budget allocation for the school improvements that' have been made in 1997. Recreation /Parks /Buildings 6000 - Salaries & Wages 6010 - Hospitalization 6011 - Pension 6012 - Social Security 6030 - Liability Insurance 6020 - Workers Compensation 6041 - Copies /Printing 6046 - Computer Software 6055 - Vehicle Maint /Repairs 6060 - Telephone 6070 - Training 6080 - Travel & Related Expenses 6099 - Miscellaneous 6110 - Contract Labor 6115 - Summer in Park Supplies 6116 - Youth Activities 6125 - Beach Volleyball 9000 - Capital Lands & Buildings 9020 - Capital Machine /Equipment 6061 - Parks /Electric 6112 - Parks /Cleaning Services 6500 - Parks /Small Equipment Recreation /Parks /Buildings Total +$ 5,316 595 648 + 76 390 281 + 100 200 900 + 285 300 250 + 121 + 373 + 36 + 241 - 1,000 4,810 - 1,498 + 5,155 + 485 500 $+ 816 Lifeguards 6000 - Salaries & Wages $- 436 6020 - Workers Compensation + 829 6030 - Liability Insurance - 417 6070 - Dues & Subscriptions - 145 6110 - Operating Supplies + 7 6115 - Uniforms + 78 6127 - First Aid Supplies + 106 6500 - Small Equipment - 262 1 1 1 9001 - City Hall Improvements - 2,630 9010 - Capital - Furniture /Fixtures - 2,831 9011 - Capital - Computer /GIGA /Printer + 1,300 9020 - Capital - Machine, Equipment - 1,463 Administration Dept. Total -0- Inspections 6041 - Copies /Printing Expense +$ 750 6114 - County Insp Contract + 1,000 6000 - Salaries & Wages + 2,000 6116 - County Housing Contract - 2,000 9010 - Capital Furniture /Fixture - 1,000 9020 - Capital Machine /Equipment - 750 Inspections Dept. Total -0- The changes will not increase the budget for FY97 and the Inspections Department budget will be underspent for the year. Special Appropriations 106064.6113 CofC /Tourism +$27,000 106064.6118 Beautification + 469 106064.6123 Grants, Various + 2,645 106064.6128 Grants, Lighthouse + 20,000 106064.6131 Travel & Training, Mayor + 3,000 106064.6137 Travel & Training, Youmans + 600 106064.6155 Liability Ins. Deductible + 4,087 Sp Appropriations Dept. Total + 57,801 40% Hotel /Motel Tax Revenues go to Chamber for Tourism Promotion. The Lighthouse grant was received before it was paid out. Public Works /Sanitation 6000 - Salaries & Wages -$ 3,500 6010 - Hospitalization - 3,000 6011 - Pension - 2,400 6012 - Social Security - 1,300 6020 - Workers Compensation + 804 6030 - Insurance - 1,232 6045 - Computer Hardware - 3,150. 6046 - Computer Software - 500 6050 - Repairs & Maintenance - 2,000 6055 - Vehicle Maint /Repairs + 9,000 6063 - Gasoline - 2,000 6090 - Dues & Subscriptions + 7 6099 - Miscellaneous Expense + 584 6110 - Operating Supplies + 9,000 6111 - Signs /Various - 1,000 6112 - Safety Equipment - 1,000 6114 - Restroom Maintenance + 3,786 6116 - Lawn Mower Repair - 500 1 1 1 6061 - Electric Lifeguards Dept. Total + 240 -0- GENERAL FUND REVENUE ADJUSTMENTS 104000.4010 Real Estate Taxes 104000.4100 Public Utility Sepco 104000.4125 Public Utility Telephone 104000.4175 Hotel /Motel Taxes 104000.4200 Auto Tag Tax 104000.4225 Intangible Recording Tax 104000.4250 RE Transfer Tax 104000.4275 Insurance Premium Tax 104000.4300 Cable TV 104500.4550 Building Permits 104500.4700 Inspection Fees 105000.5000 Grants, Various 105200.5320 Background Investigations 105200.5420 Fire Subscriptions 105300.5360 Parking Lot - 14th St. 105300.5370 Parking Lot - North Bch 105300.5380 Parking Lot - South Bch 105300.5390 Parking Meters 105300.5400 Parking Decals 105600.5999 Miscellaneous Income 105600.5875 Sale of Surplus Property 105600.6030 Miscellaneous Leases Revenue Additions = +17,230 + 2,910 + 4,470 +90,000 + 8,200 +19,100 + 3,400 +11,300 + 1,000 +13,500 + 6,900 + 7,700 + 5,900 + 2,100 +37,300 - 1,875 +29,700 +20,900 + 9,500 +13,850 + 5,450 + 1,650 $ +310,185 1 1 1 ZONING MORATORIUM REGARDING TELECOMMUNICATIONS WHEREAS, Tybee Island Georgia; desires orderly, well - planned and attractive growth in the City; WHEREAS, Tybee Island acknowledges the importance of the availability of current telecommunications technology and the advantages it may offer to City residents; WHEREAS, the City wishes to realize the technological and revenue potential of the City by developing and implementing Zoning Ordinances that will utilize innovative and progressive land use evaluation and control techniques; WHEREAS, the City Council believes that the siting of telecommunications towers may be acceptable uses in the City when they are located in appropriate areas with proper controls, including aesthetic and safety considerations; WHEREAS, rapid transformations in the technology of the telecommunications industry coupled with the adoption of the telecommunications Act of 1996 creates a need for the city to examine its development Ordinances and procedures regarding the siting telecommunications towers; WHEREAS, The city Council has determined that, in order to safeguard the long term value of property in the City for public interest, a procedure for processing applications and for determining the appropriate siting of telecommunications towers and antennas, a moratorium should be put into place for a short period of time while the Zoning ordinances are completed and go through final editing, legal review, and public hearings. NOW, THEREFORE, IT IS HEREBY ORDAINED, by the governing authority of the City of Tybee Island that: 1. No application for a special land use permit, rezoning, or variance shall be approved during the term of this ordinance for: (a) Telecommunications towers and antennas, including but not limited to: self- supporting lattice towers, guy towers, monopole towers, radio and television transmission towers, microwave towers, common- carrier towers, cellular, wireless or personal communications telecommunications towers, and alternative tower structures; provided, however, that nothing in this ordinance shall prohibit co- location on existing towers or structures (other than buildings) so long as the height of the tower or structure is not increased, nor the processing of the applications or granting of approvals or permits for any such towers on public property. 2. Any application submitted during the term of this 1 1 1 Ordinance for a special land use permit, rezoning, variance, or permit of any nature involving telecommunications towers may be considered at the expiration of this Ordinance and shall be subject to the rules, Ordinances, and procedures in effect at the expiration of this Ordinance or at the expiration of any extension of the terms of this Ordinance. 3. This Ordinance shall remain in effect for a term of three (3) months from its effective date except as otherwise provided. This term may be extended or terminated early if: the revision to the Zoning Regulations regarding telecommunications is adopted prior to the expiration of the term of this Ordinance; or such revisions cannot reasonably be made during the term of this Ordinance. Any such amendment to the term of this Ordinance shall be considered at a public hearing advertised at least seven (7) days in advance. 4. During the term of this Ordinance, the City Council and staff of the City will evaluate current telecommunications facilities and review and edit a draft of the Zoning Ordinance, conduct public hearings to gain citizen comments on the Zoning Ordinance and desirable siting of telecommunications tower facilities in the City. 5. This Ordinance shall become effective upon adoption by the City Council of the City of Tybee Island, Georgia 6. If any portion of this Ordinance is found to be invalid or unenforceable for any reason, the remaining portion shall remain in full force and effect. 1997. ADOPTED THIS DAY OF Mayor Walter W. Parker Clerk of Council First reading: Second reading: Enacted: 1 1 1 Ordinance # 1997- It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 2 Elections; Chapter 2 Elections; Section 5 District; Polling Places be amended to read as follows: 2 -2 -5. District; polling places. The area within the corporate limits of the city shall constitute an election district within the city. Those persons living within the designated election district shall vote at City Hall r.;;::tt::::::::: The superintendent shall cause all po�'l rig p'ace's 'to li19provided with sufficient light and heat. (Code 1970, Sec. 6 -5) (1997 -125; 12/11/97) ADOPTED THIS 11th DA OF DECEMBE or Walter W Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [2- 2- 4.jrb] 1 1 Ordinance # 1997 -126 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 2 Government and Administration; Chapter 2 Election; Section 7 Registration list; time of registration be amended to read as follows: 2 -2 -7. Registration list; time of registration. A resident of the city who desires to vote in a municipal election must apply to be registered as an elector with the board of registrars of the city at least 30 days prior to that election. The applicant must appear in person before the registrar and must possess those qualifications herein prescribed in order to qualify as an elector of the municipality. The procedure and form of registration card shall conform to the provisions prescribed by 1Georgia Code Annotated, section 34A 505 and 311`:`OC " ". (Codc 1970, Scc. 6 7) (ORD. 1997 -126; 12/I19 ADOPTED THIS llth D OF DECEM= 01, 997. ayor Walter W. Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [2-2-7.jrb] 1 1 Ordinance # 1997 -127 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 2 Government and Administration; Chapter 2 Elections; Section 9 Registration periods be amended to read as follows: 2 -2 -9. Registration: periods. the apccial election. (Code 1970 Scc. C 10)' umA Mg, ADOPTED THIS 11th DAY OF 401 /1li %' 17' .r Walter W Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [2- 2- 9.jrb] 1 1 Ordinance # 1997 -128 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 2 Government and Administration; Chapter 2 Election; Section 17 Qualifying fee not required be amended to read as follows: 2 -2 -17. Qualifying fee not rcquircd. cicction. (Codc 1970. Mall • cc. 6 18) 12 1l'9 7�......... ADOPTED THIS 11th DeY OF DECEMB ayor Walter _ Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [2 -2 -17 . jrb] 1 1 1 Ordinance # 1997 -129 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 3 Section 10 be created to read as follows: 4 -3 -10 Overcharging Prohibited 1. General: In order to preserve, protect or sustain life, health or safety of persons, or their property, within the City of Tybee during a declared emergency or subsequent recovery period, it shall be unlawful, for any person, firm, or corporation located or doing business in the City to overcharge for any goods, materials, foods, equipment, supplies, services, labor, motel /hotel rooms, temporary lodging or houses, sold or rented in the City. 2. Definitions: (a) Overcharging: The term "overcharging" is charging prices for goods, materials, foods, equipment, supplies, services, labor, motel /hotel rooms, temporary lodging, or houses, which are in excess of the customary charges by twenty -five (25 %)percent or, in applicable cases, in excess of the suppliers' or providers' costs for such goods, materials, foods, equipment, supplies, services, labor, motel /hotel rooms, temporary lodging, or houses, by twenty -five (25 %) percent. The existence of overcharging shall be presumed from a twenty -five (25)% increase in the price at which the merchandise or rate, fee, cost /rental of housing was offered in the usual course of business prior to the onset of the emergency, but shall not include increases in the cost to the supplier directly attributable to the higher cost of material, supplies and labor costs resulting from the emergency. (b) Subsequent Recovery Period: The term "subsequent recovery period" is defined as that period during which the emergency continues to cause disruptions in the City , but shall not exceed six (6) months after the declaration of emergency has been terminated. (ORD. 1997 -129; 12/11/97) ADOPTED THIS 11th DAY OF DECEMBER 1997. ayor Walter W. Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 1 1 1 [4 -3 -10 . arb] 1 1 1 Ordinance # 1997 -129 It is hereby ordained by the governing authority of the City. of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 3 Section 10 be created to read as follows: 4 -3 -10 Overcharging Prohibited 1. General: In order to preserve, protect or sustain life, health or safety of persons, or their property, within the City of Tybee during a declared emergency or subsequent recovery period, it shall be unlawful, for any person, firm, or corporation located or doing business in the City to overcharge for any goods, materials, foods, equipment, supplies, services, labor, motel /hotel rooms, temporary lodging or houses, sold or rented in the City. 2. Definitions: (a) Overcharging: The term "overcharging" is charging prices for goods, materials, foods, equipment, supplies, services, labor, motel /hotel rooms, temporary lodging, or houses, which are in excess of the customary charges by twenty -five (25 %)percent or, in applicable cases, in excess of the suppliers' or providers' costs for such goods, materials, foods, equipment, supplies, services, labor, motel /hotel rooms, temporary lodging, or houses, by twenty -five (25 %) percent. The existence of overcharging shall be presumed from a twenty -five (25)% increase in the price at which the merchandise or rate, fee, cost /rental of housing was offered in the usual course of business prior to the onset of the emergency, but shall not include increases in the cost to the supplier directly attributable to the higher cost of material, supplies and labor costs resulting from the emergency. (b) Subsequent Recovery Period: The term "subsequent recovery period" is defined as that period during which the emergency continues to cause disruptions in the City , but shall not exceed six (6) months after the declaration of emergency has been terminated. (ORD. 1997 -129; 12/11/97) ADOPTED THIS 11th DAY OF DECEMBER, 1997. ayor Walter W. Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [4 -3 -10 . arb] 1 1 1 Ordinance # 1997 -130 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 3 Section 11 be created to read as follows: 4 -3 -11 Zoning Regulations Suspended 1. General: In order to preserve, protect or sustain life, health or safety of persons, or their property, within the City of Tybee Island during a declared emergency or subsequent recovery period, temporary mobile /manufactured /industrialized homes, travel trailers, recreational vehicles, campers or mobile /manufactured /industrialized home parks, campgrounds, or other living areas, may be located on property approved by the Director or Acting Director of the city's Emergency Management Agency in any zoning district. (ORD. 1997 -130; 12/11/97) ADOPTED THIS 11th DAY OF DECEM 97. or Walter W. Par er Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [4 -3 -11 . arb] 1 1 1 Ordinance # 1997 -131 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 3 Section 12 be created to read as follows: 4 -3 -12 Emergency Occupational Tax /Registration Fee 1. General: In order to preserve, protect, or sustain life, health or safety of persons, or their property, within the City of Tybee Island, during a declared emergency or subsequent recovery period, an emergency occupational tax /regulatory fee shall be obtained and posted at the work site in the City before any person, firm, or corporation conducts a business providing goods or services in the City. the cost for an occupational tax /regulatory fee shall be equal to the cost for a occupational tax /regulatory fee issued under current regulations for the business conducted. 2. Information To Be Provided: Applicants shall provide the following information when applying for an emergency Occupational tax /regulatory fee: a. Name of Applicant; b. Permanent address and telephone number of applicant; c. Local address and telephone number of applicant; d. Applicant's Social security Number or Federal Employer Identification Number; e. Applicant's date of birth and age if an individual; f. If applicant is a corporation, the state and date of incorporation; g Tag registration for each vehicle to be used in the business; h. List of cities where business has been conducted in the past twelve (12) months; i. Georgia State Sales Tax number or authorization if applicable; j State certification number if State licensing is required. k. Copy of occupational tax or regulatory fee 1 1 1 certificate from municipality in which your business is registered. The temporary occupational /regulatory tax application shall be signed under oath by the applicant. (ORD. 1997 -131; 12/11/97) ADOPTED THIS llth DAY ,•F 110. ayor Walter W. Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [4 -3 -12 . arb] 1 1 1 Ordinance # 1997 -132 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 3 Section 13 be created to read as follows: 4 -3 -13 Emergency Building Permit 1. General: In order to preserve, protect, or sustain life, health or safety of persons, or their property, within the City of Tybee Island during a declared emergency or subsequent recovery period, an emergency building permit shall be obtained and posted at the work site in the city before any person, firm or corporation repairs any structure within the city. The cost of the emergency building permit shall be equal to the cost for a building permit under current regulations. The emergency building permit shall only be for authorized repairs. 2. Information To Be Provided: Applicants shall provide the following information when applying for an emergency building permit: a. Name of applicant; b. Permanent address and telephone number of applicant; c. Physical address of job site; d. Detailed description of repairs to be made; e. Contractor's name, address, telephone number and occupational tax /registration number; f Name and registration number of all subcontractor's names, addresses, telephone numbers, and occupational tax /registration number; g. Estimated cost of repair; h. 2 sets of plans of repairs to be made; i. For structural damage, a certification from a structural engineer stating the integrity of the structure; The emergency building permit application shall be signed under oath by the applicant. (ORD. 1997 -132; 12/11/97) ADOPTED THIS llth DAY OF DECEMBER, 1997. 1 1 ayor Walter W. Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [4- 3- 13.arb] 1 1 1 Ordinance # 1997 -133 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 3 Section 14 be created to read as follows: 4 -3 -14 Emergency Curfew and Closure or Restriction of Areas 1. General: In order to preserve, protect, or sustain life, health, or safety of persons, or their property, within the City of Tybee Island, during a declared emergency or subsequent recovery period, it shall be unlawful for any person to travel, loiter, wander, or stroll in or upon public streets, highways, roads, lanes, parks, beaches, or other public places, public buildings, places of amusement, eating places, vacant lots, or any other place in the City, between the hours of 9:00 P.M. on any day and 6:00 A.M. of the following day, unless permitted by the Director of the City's Emergency Management Agency. 2. Reentry Restrictions on Certain Areas: In order to promote order, protect lives, minimize the potential for looting and other crimes, and facilitate recovery operations during a declared emergency or subsequent recovery period, the Director or Acting Director of the City's Emergency Management Agency shall have the discretion to impose reentry restrictions on certain areas of the City. The provisions of this section shall not apply in the following instances: a. Authorized law enforcement personnel; b. Authorized health care providers; c. Authorized personnel of the City of Tybee Island; d. National Guard or Federal Military Personnel; e. Authorized firefighters; f. Emergency response personnel /volunteers working with or through CEMA, GEMA, or FEMA; g. Authorized utilities repair crews; h. Citizens pursuing legitimate means to restore order to their homes or businesses while on their own property or place of business, or while in route to or from said property or business; i. Other authorized persons approved by the Director or Acting Director of the City's Emergency Management Agency. (ORD> 1997 -133; 12/11/97) 1 1 ADOPTED THIS llth DAY OF DECEMB '97 Mayor Walter Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [4- 3- 14.arb] 1 1 Ordinance # 1997 -134 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 4 Chapter 3 Section 15 be created to read as follows: 4 -3 -15 Intergovernmental Agreements 1. General: In order to preserve, protect, or sustain life, health or safety of persons, or their property, within the City of Tybee Island during a declared emergency or subsequent recovery period, one or more intergovernmental agreements may be adopted by Resolution of City Council to accomplish any or all of the provisions of this Chapter. (ORD. 1997 -134; 12/11/97) ADOPTED THIS 11th D OF DECE 1997 Mayor Walter W. Parker Clerk of Council 1st Reading: 2nd Reading: 12/11/97 Enacted: 12/11/97 [4- 3- 15.ARB]