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HomeMy Public PortalAbout19721115CCMeeting1 1 1 1 4 Savannah Beach, Georgia November 15, 1972 The regular Monthly Meeting of Savannah Beach City Council was held today at 3:00 P.M. in City Hall. The meeting was presided over by Mayor Allen Hendrix and the following councilmen were present: Edward Jung, Earl Anderson, Edward Towns, Perry Zittrauer and Ernest Hosti. Councilman Parker arrived late but was also present. City Attorney Bart Shea and Police Chief John Price and City Marshall, L.E. Elliott, was also present. Prior to the opening of the meeting, City Attorney Bart E. Shea gave the oath of office to the Board of Registrars and the Deputy Registrars consisting of the following: James L. Fabrikant, Sr. - Chief Registrar Mrs. John E. Register Registear Mrs. Ethel Chandler - Registrar Mrs. Phyllis L. Cary - Deputy Registrar Mrs. Barbara Pelli - Deputy Registrar Mrs. Joan Brown - Deputy Registrar Mrs. Faye Lucas - Deputy Registrar Edward M. Patterson - Deputy Registrar OATH OF OFFICE Chief Registrar, Registrars, and Deputy Registrars City Attorney Bart Shea then issued the Oath of Office to our new City Marshall, Mr. L. E. Elliott. OATH OF OFFICE City Marshal COMMUNICATIONS: Under Communications, the Clerk read a letter from Messers. Spillane, Rhoades, Lebey, Cann & Sieg, dated November,15, 1972. In this letter a proposal for professional auditing services was made by Mr. Tom Spillane for his firm, in which was outlined the services to be performed, the fees to be paid by the City, etc. The letter in its entirety follows: William Allen Hendrix, Mayor City of Savannah Beach P. 0. Box 128 Savannah Beach, Georgia 31328 Dear Mayor Hendrix: November 15, 1972 Re: Section 613 City of Savannah Beach Water and Sewer Revenue Bonds Series 1972 Resolutions Pursuant to our conversation with Mr. Ed. Patterson this morning, we would like to submit our proposal for professional services. vw o u i d s u q,l i t our We propose to make an annual examination of the accounts of the City of Savannah Beach as follows.: The General Fund for the fiscal year May 1, 1972, through April 30, 1973. The Water and Sewer Fund for the fiscal year May 1, 1972 through April 30, 1973. Our examination will be made in accordance with generally accepted auditing standards and will be designed to permit us to express an opinion with reference to the financial statements of the City of Savannah Beach. Our examination would begin prior to April 30, 1973, and will be completed as soon as practicable after this date at which time we would submit our opinion and the financial statements for the General Fund and Water and Sewer Fund. As part of the examination, we would review the accounting procedures and system of internal control 1n use by the minicipality. At the conclusion of our work, we would make suggestions, to the extent we deemed appropirate, for improving the accounting procedures and strengthening the system of internal oontrol. We would also assist Mrs. Cary in the preparation of quarterly financial statements as required under the above resolution. For the above described services, our fees would be $150 per day per man plus travel and out of pocket expenses. It would also be understood that your clerical help would be utilized where necessary in transcribing audit data and in the preparation of various audit schedules. We thank you for the opportunity to Submit this proposal and hope that we may have the pleasure of serving you. Very truly yours, Thomas M. Spillane The Clerk also read a letter from The Georgia Municipal Association urging the Mayor and Council to attend the. Annual Mayor's Day Meeting which will be held in Atlanta on January 15th and 16th. In regard to this, City Attorney Bart. Shea told the Mayor and Councilmen that they sbauld make every effort to attend these meetings. He stated that it was sponsored annually by the Georgia Municipal Association and was a wonderful opportunity for them to meet city officials from all ovef Georgia and discuss their mutual problems. He also said it 1 1 1 1 1 was a good time to visit the various State Agencies with their local legislators to seek paving and other assistance which they may need in soliciting state funds. He also said that reservations should be made as soon as possible which could be cancelled if that was found to be necessary. City Attorney Bart Shea then read a Resolution authorizing a temporary loan by the City of Savannah Beach, as follows: R E S O L U T I O N Councilman Jung moved the adoption of this Resolution. The motion was seconded by Councilman Ernest Hosti and unanimously carried. An Ordinance was then read by Attorney Shea which he stated was, in essence, practically the same one Council had adopted before but he stated that while meeting with Revenue Commissioner Blackmon in Atlanta recently, certain recommendations were suggested which necessitated an entire revision of the Ordinance; and, in order to comply with his request that this Ordinance be reduced to written form and distributed and served upon all holders of alcoholic beverage licenses within the City. He stated that it would, therefore, be his recommendation that we adopt this complete new Ordinance and that the Clerk be directed to serve or mail to all licensees of alcoholic beverages within the Municipality so that there would be no question as to the postUee.of the city and that they were all properly notified. Attorney Shea also stated that since time was. of the essence, Council should, by unanimous consent, have two readings and adopt the. Ordinance at this meeting. It was then moved by Councilman Earl Anderson that this revised Ordinance be adopted and that by unanimous consent, both readings be held at this meeting. This motion was seconded by Councilman Jung and unanimously carried. O R D I N A N C E Bills for the various departments were approved for payment. Councilman Ernest Hosti, Chairman of the Department Public Works, informed Council that he and his committee had looked into the request of Mr. Bill Fleetwood that the City re- locate the Town shop and garage and sell him the property it is now on account he would like to build a housing .complex .in that area and that he and his committee felt that at the present time, the City was not finan &ntially able to make such a move. .How- ever, he did state that the suggestion had merit and worth further consideration at some future time. Ti5beClerk was in- structed to write a letter to Mr. Fleetwood, explaining to him our position in the matter. 17 18 With reference to the proposal made by Mr. Dave Williams and a group of investors from Myrtle Beach to purchase the city - owned property formerly known as the Tybrisa Property, Attorney Shea read a letter dated November 10, 1972, outlining the City's answer to this proposal. The letter reads as follows: November 10, 1972 Mr. David J. Williams Post Office Box 1207 Myrtle Beach, South Carolina RE: Tybrisa Property - Savannah Beach, Georgia Dear Mr. Williams: As I related to you over the telephone this morning, I am sorry about this delay in replying to your offer of the group that you represent to purchase the above described property from the City of Savannah Beach, but we first had to confer with a representative of the State Highway Department concerning the paving of the Strand area located on the eastern portion of this property. This we were able to do on Tuesday in Atlanga, and then brought the matter before council on Wed- nesday evening. On behalf of the Mayor and Councilmen, let me reiterate in sequence the proposition terms that they agree with and give to you the benefit of their counter suggestions: 1. The purchase price of the property is as agreed upon, the sum of $252,500.00. 2. The City is not willing at this time to grant any air rights, and this is primarily due to restrictions by the State Highway Department, which has agreed by the way.to pave the Strand portion of property between 15th and 16th Streets, for they will not allow infringement on or over street areas re- ceiving State assistance or aid. 3. A check with the cOrrent holder of the Deed to Secure Debt on the property has indicated that she is unwilling to continue to assume the mortgage thereon for a subsequent pur= chaser from the City, add the City, of course, is not in a position to continue to carry the mortgage. For such reasons, the City Fathers have concluded that this should be a cash transaction and the Debt Deed to Mrs. Mullens will be paid off and cancelled in the event this sale is consummated. You shall have the right to arrange any financing you may wish, 1 1 1 1 but we must insist upon a cash sale so that the City can remove themselves entirely from the picture of ownership. 4. The City will retain all of the property ease of the Strand and will pave the street for north and south traffic between 15th and 16th Streets on a portion of such Strand. The City is willing to guarantee that no competetive bussinesses will be permitted on such Strand area over which it excercises ownership. I believe that you are aware thatrMrLolUthuiUhffhampson owns a 16.4 foot portion of property abutting and immediately west of the seawall and, of course, we can not dictate what activity Mr. Thompson may plan for such strip of land, so long as he owns it and the activity involved complies with the zoning restrictions applicable to such property. 5. You and the members of your group will not be re- stricted as to the type and nature of businesses you place thereon so long as they comply with zoning laws within this commercially zoned area. 6. The time of closing such sale can be either before or after the first of the year depending upon the wishes of your group. 7. In the event that a sales contract is negotiated between your group and the City, a binder deposit of $5,000.00 will be required to be held in excrow until the sale is consummated and such sum shall be credited and applied to the purchase price on the closing statement. I believe that the foregoing covers the essential elements of the mounter proposal of the Mayor and Councilmen of the City, and if such terms and conditions are acceptable to you and your group, then we can negotiate a sales contract for same. I would appreciate hearing from you after you have had-an opportunity to confer with the other members of your group.. Looking forward to hearing from you and with kindest-personal regards, I remain Sincerely yours, Bart E. Shea BES /b p' cc: Honorable'W. Allen'Hendrix, Mayor Post Office Box 128 Savannah Beach, Ga. 31328 19 20 Mayor Hendrix announced the very important Beach Erosion Cn iControl Project Meeting which he said was scheduled for tomorrow, November 16, 1972 and urged all councilmen who possibly could, attend this meeting. Mayor Hendrix also reported on a recent trip to the State Highway Department in Atlanta, requesting some paving for the City, He also said that the trip was most lucrative and resulted in the City being awarded two miles of re- surfacing of city streets and also the paving of the Strand section of the city -owned property from 15th to 16th Streets. He stated that we were grateful for what we had received and would go back and ask for some more later. Councilman Perry Zittrauer, Recreation Chairman, announced that our mixed volly ball team had finished second in a county -wide tournament. He displayed a beautiful trophy which was awarddd for second place. The Mayor congratulated Councilman Zittrauer for this achievement and stated that he was real proud of the effort being put forth by the Recreation Department and getting so many citizens involved in our recre- ation program. Councilman Earl Anderson, Chairman of the Water and Sewer Department, stated that he would like to bring to the Council's attention Section 20 -11 of our Water Ordinance which states that the appropriate Water Committee having the responsibility and jurisdiction pertaining to providing water services, shall be delegated the authority and shall be empowered to adopt rules and regulations governing the following areas: The furnishing of water to consumers. The installation and cost of water meters. The classification of consumers and classification of dwellings. The amount and number of gallons to be supplied. The rates, charges and readings of meters and water furnished and supplied. The method of billing, notice and payment of same, and other applicable and related matters.pertainigg to furnishing of water and providing for such services. Councilman Anderson stated further that the thing he especially wanted to bring to council's attention was as follows: "However, and such rule and regulation so adopted shall first be approved by the governing body prior to putting into effect ". He stated further that his reference was to the adjustment of water rates. He stated further that he had met with his committee and they had approved of his discretion in the adjustment of water rates. He said that in these adjustments 1 his policy was to checkout complaints for faulty meters or leaks and to see if the leaks had been repaired and get from the owner a plumbing bill or list of materials as evidence of this repair. He said that this gives him the opportunity to see if the city should accept some responsibility for the excessive charge. He said that it was also his intention to write ahletter in the near future to all water users, point - ing out some helpful hints and water usage to prevent high water bills. He stated that if Council approved his handling, he would like a little backing on this. Mayor Hendrix stated that he felt that these matters should be handled within the Water Committee and that there were good men on this committee capable of doing this and if they still had problems, to bring them before council. Mayor Hendrix stated further that he realized we did have a problem with these watersbills and it might get worse due to the high cost of this pollution abate- ment program. He told Mr. Anderson that he w &s in sympathy with him and would help him all he could. Council was informed by Police Chief John Price that up to . the present time, revenue derived from suOponnae of delin- quent parking tickett amounts to $240.00 with 151 to be sent out next week. These, he stated, will have $3.00 added to them. He also said that court would be held for these on November 27th. He stated that this is done every year but he just wanted to bring council up to date regarding the collection of these delinquent charges. There being no further business, the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL 21 22 1 OATH OF REGISTRATION OFFICERS I do solemly swear that I will faithfully and impartially discharge to the best of my ability the duties imposed upon me by law as Chief Registrar, Registrar and Deputy Registrar. Mrs. Ethel Chandler // Mrs. Phy l l i -.� Cary 4"6"/ ),L.424a/ Mrs. Barbara Pelli rs. Brown **/71-1_164. Mrs. Fay L cas Edward M. Patterson 1 1 OATH OF CITY MARSHALL I do solemly swear that I will faithfully discharge the duties devolved on me as City Marshall of the City of Savannah Beach, Tybee Island, Georgia. that I will faithfully execute and enforce the laws and Ordinances of the City to the best of my ability, skill and knowledge; that I will support and uphold the constitution and laws of the United States and Constitution and Laws of the State of Georgia, SO HELP ME GOD. L. E. Elliott ATTEST: R E S O L U T I O N AUTHORIZING TEMPORARY LOAN BY CITY'OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA UNDER THE CONSTITUTION OF THE STATE OF GEORGIA, ARTICLE VII, SECTION VII, PARAGRAPH IV, AND FOR OTHER PURPOSES. WHEREAS, under and by virtue of the Constitution of the State of Georgia, Article VII, Section VII, paragraph IV (Section 2 -6004 of the Georgia Code of 1933, Annotated) each County, Municipality or Political Subdivision of the State authorized to levy taxes is given the authority to make temporary loans between January 1, and December 31 in each year to pay expenses for such year, upon certain conditions, and WHEREAS, such conditions have been fulfilled by the City of Savannah Beach, Tybee Island, Georgia as hereinafter appears, and WHEREAS, the said City of Savannah Beach, Tybee Island, Georgia has now outstanding no temporary loan, or loans, made in the current year, or in any prior year, and WHEREAS, the total gross income of said City of Savannah Beach, Tybee Island, Georgia from taxes in the last preceding fiscal year (1971 -72) was $152,313.00, and WHEREAS, the total anticipated revenue of the city of Savannah Beach, Tybee Island, Georgia for the year 1972 -73 exceeds $410,500.00, and WHEREAS, the amount to be borrowed, $50,000.00, plus all other anticipated obligations and expenses of the City of Savannah Beach, Tybee Island, Georgia for the fiscal year 1972 -73 are less than the total anticipated revenue from all sources for such fiscal year, and WHEREAS, under the aforesaid authority, The City of Savannah Beach, Tybee Island, Georgia may make such temporary loan, or loans, in the year 1972 in a total amount not to exceed $50,000.00 which amount is 75% of $ , and WHEREAS, the Mayor and Council constitute the governing body of the City of Savannah Beach, Tybee Island, Georgia: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Savannah Beach, Tybee Island, Georgia in a legally called meeting, assembled November 15, 1972: That the City of Savannah Beach, Tybee Island, Georgia is hereby authorized to borrow from Savannah Bank. & Trust Company of Savannah the sum of $50,000.00 to be represented by a Promissory Note bearing interest at the rate of % per annum, and the entire amount, together with interest, to be repaid on or before December 31, 1972. The promissory note evidencing said loan shall be executed in the name of The City of Savannah Beach, Tybee Island, Georgia and signed by the Mayor and /or Mayor Pro Tem and Clerk of Council. Passed in regular session this 15th day of November, 1972. ATTEST: 1 CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA By z),_,j) Mayor Clerk of Council 1 1 1 1 1 AN ORDINANCE AN ORDINANCE TO AMEND CHAPTER 3, ARTICLE I, SECTION 3 -1, OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, PERTAINING TO ALCOHOLIC BEVERAGES, BUSINESS HOURS, SO AS TO RE- DEFINE THE TIMES THAT ALCOHOLIC BEVERAGES OR DISTILLED SPIRITS FOR BEVERAGE PURPOSES BY THE DRINK MAY BE SOLD BY PERSONS OR BUSINESSES HAVING LICENSES ISSUED BY THE MUNICIPALITY; TO SET FORTH WHO SHALL BE RESPONSIBLE FOR COMPLYING WITH THE PROVISIONS, RULES AND REGULATIONS OF THIS SECTION; TO PRESCRIBE PROVISIONS AND REGULATIONS FOR THE PROHIBITION OF "B -GIRL DRINKING OR B- DRINKING", "GAMBLING ", "KEEPING A GAMBLING PLACE ", OR "POSSESS GAMBLING DEVICE OR EQUIPMENT ", "PROSTITUTION ", "PIMPING ", OR "KEEPING A PLACE OF PROSTITUTION ", WITHIN THE ESTABLISHMENTS OF LICENSEES, TO PRESCRIBE THE PENALTY FOR VIOLATING ANY OF SUCH PROVISIONS; TO REPEAL ANY AND ALL CONFLICTING ORDINANCES OR PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in council duly assembled, and it is hereby ordained by authority of the same that Chapter 4, Article I, Section 3 -1(a) pertaining to alcoholic beverages and any and all subsections thereunder, and Sections 3 -1(b), 3-2 and 3 -3 be struck in their entirety, renumber present Sections 3 -4, 3 -5 and 3 -6 so that they will be designated Sections 3 -5, 3 -6 and 3 -7, and insert in lieu thereof the following: "SECTION 3 -1. BUSINESS HOURS - SPECIFIED; AND RESPONSIBILITY FOR COMPLIANCE. The Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in adopting this Ordinance hereby decree that the provisions, rules and regulations herein shall be applicable to all establishments and bars within the limits of the Municipality; shall control and govern the operation of such establishments; shall be reduced to written form, distributed and served on all licensees of such establishments within the City, and the violation of any such provisions, rules and regulations shall be subject to the penalty herein prescribed. (a) The following rules and regulations shall apply for the retail sale of alcoholic beverages, distilled spirits or spirituous liquors for beverage purposes by the drink, such sales to be for consumption on the premises only; (1) It shall be unlawful for any person or business to sell or offer for sale any alcoholic beverages, distilled spirits, or spirituous liquors for beverage purposes by the drink for consumption on the premises, as such terms are defined by Georgia Code Section 58 -1011 during the following times: MONDAY 2:01 a.m. to 9:00 a.m. TUESDAY 2:01 a.m. to 9:00 a.m. WEDNESDAY 2:01 a.m. to 9:00 a.m. THURSDAY 2 :01 a.m. to 9:00 a.m. FRIDAY 2:01 a.m. to 9:00 a.m. SATURDAY 2:01 a.m. to 9:00 a.m. SUNDAY 12:01 a.m. to 12:01 a.m. Monday Tuesday Wednesday Thursday Friday Saturday Monday (2) Said businesses will close and shall not open and operate between the hours of Twelve midnight on Saturday and 9:00 a.m. on Monday of each week. (3) Said businesses shall not be allowed to open, operate, or do business during the hours herein specified, notwithstanding that said businesses may possess a restaurant or food license and the area in which said alcoholic beverages, distilled spirits or spirituous liquors for beverage purposes by the drink are sold or dispensed is not physically and completely separated from the area in which food and non - alcoholic beverages are sold or served. SECTION 3 -2, DISPENSING ON ELECTION DAYS: It shall be unlawful for any person or business to sell or offer for sale any alcoholic beverages, distilled spirits, or spiri- tuous liquors for beverage purposes by the drink for consumption on the premises only as such terms are defined by Georgia Code Section 58 -1011 on days of election, whether National, State, County, Municipal or primary elections, from one hour prior to the opening of the polls and ending one hour after the closing of such election polls. SECTION 3 -3. B -GIRL DRINKING OR B- DRINKING: It shall be unlawful for any person who is an employee of any licensee within the Municipality or any other person to engage in any activity generally known as "B -Girl drinking or B- drinking", that is the solicitation of alcoholic beverages or distilled spirits for public consumption by the employee or any other person, and it shall be further unlawful to dispense or consume any beverage under the pretense that it is alcoholic beverages or distilled spirits for public consumption by employee on the premises, or any other person within licensee's establishment. SECTION 3 -4. GAMBLING, KEEPING A GAMBLING PLACE, POSSESS GAMBLING DEVICE OR EQUIPMENT, PROSTITUTION, PIMPING, OR KEEPING A PLACE OF PROSTITUTION. It shall be unlawful for any owner, operator, employee or any other person to engage in "gambling ", "keeping a gambling place" or "possess gambling device or equipment ", prostitution ", "pimpin or "keeping a place of prostitution ", within licensee's establishment and it shall also be unlawful for any owner, operator, employee or any other person within the establishment of licensee. The terms "gambling ", "Prostitution ", "pimping ", or "keeping a place of prostitution" shall be defined as set forth within the laws of the State of Georgia, and any person, owner, operator, or employee so convicted of such illegal activity shall be subject to the penalties herein provided in addition to any other penalty provided by the laws of the State of Georgia or Code and Ordinances of the Municipality if convicted for such offense or offenses. SECTION 3 -5. RESPONSIBILITY AND PENALTY FOR VIOLATIONS: The owner, operator and employee of each such place of business, or any other person within licensee's establishment, shall be responsible for complying with the provisions, rules and regulations of these Sections. Any person, owner, operator, employee, or any other person violating any of the provisions, rules or regulations of these Sections upon conviction shall be subject to punishment as provided in Section 1 -8 of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia, punishment as provided by the laws of the State of Georgia and, in addition thereto, upon the conviction of any owner, operator, employee, or any other person within licensee's establishment, the license of licensee shall be subject to revocation by the Municipality. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE REPEALED. ADOPTED in open Council meeting this /5riP day of , 1972. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA ATTEST: } Mayor First Reading: November 15, 1972 Second Reading: November 15, 1972 Adopted: November 15, 1972 1 Clerk of Council (SEAL)