HomeMy Public PortalAbout19721115CCMeeting1
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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
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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.
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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,
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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
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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
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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
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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
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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:
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CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA
By
z),_,j) Mayor
Clerk of Council
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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
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Clerk of Council
(SEAL)