HomeMy Public PortalAbout19791212CCMeeting1
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Tybee Island, Georgia
December 12, 1979
A regular meeting of the Tybee Island City Council was held on Wednesday,
December 12, 1979 at 3:00 p.m. at the Tybee Island City Hall. In the absence of
Mayor M. J. Counihan, Mayor Pro Tem William C. Fleetwood presided. The following
members of Council were present: Nick C. Alexander, Jerome W. Bettencourt, Edward
Jung, Jack Owen. Councilwoman Karen Losey was absent due to personal illness. The
City Attorney, W. Lance Smith, III was present.
The meeting began with a Public Hearing to discuss Revenue Sharing usage.
The public was invited to speak in favor of various uses to which they believed the
funds should be applied. Mrs. Jeanne Hutton spoke briefly, stating that she feels
that Mayor and Council are best able to make the decision as to how to use these
funds, and that she is very satisfied with past uses of Revenue Sharing funds as
explained by the Mayor Pro Tem. The Mayor Pro Tem then requested any other person
who wished to speak to come forth; none did. In the absence of any public input,
Mr. Fleetwood spoke concerning drainage problems and stated that the Council seems
inclined toward the use of Revenue Sharing to correct these drainage problems. An
announcement of the proposed budget will be announced at the next meeting, and will
be voted on at that time.
After the adjournment of the Revenue Sharing hearing, a Public Hearing
on two petitions for re- zoning was held. The first petition for a re- zoning map
amendment from R -1 to R -T was for that area designated by PIN Number 4 -03 -17 -007,
owned by Patricia T. Maddox. The first member of the audience to speak was Mr.
Fred deBorde who questioned the wording of the signs advertising the Public Hearing.
Attorney Lance Smith assured Mr. deBorde that both petitions being heard today are
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requests for zoning map amendments from R -1 to R -T. The Zoning Administrator then
stated that the signs cannot always be placed directly on the property which is in
question, as they must be placed where they can be seen by the public from the street.
Mr. Richard Grosse then stated that the minutes from the Planning Commission are
misleading; he stated that the Planning Commission did not recommend granting either
petition.; however the Planning Commission did recommend that this property be con-
sidered when and if the PUD ordinance is amended. The City Attorney stated that the
PUD ordinance will be considered for revision at the time the new Code of Ordinances
is adopted, shortly after the first of the year.
Mr. Maddox then spoke in favor of his petition, presenting plans showing
the exterior and interior of the proposed townhouse units. Mr. Maddox then stated
that he would prefer his petition be tabled rather than defeated, since it could then
be reconsidered if the PUD ordinance is amended.
Mr. Grosse stated that he is personally in favor of the Maddox development
and urges Council to make the change in the ordinance which would allow it to be con-
sidered as a PUD development. Mr. Fred deBorde then stated that he is in favor of
the protection of the residential area of Fort Screven, and would continue his opposi-
tion until he has carefully reviewed any plans presented. Earl Anderson, Zoning
Administrator, stated that re- zoning does not require plans, but that a PUD does re-
quire plans. He stated that ordinances cover such concerns as density and parking.
Mr. Maddox then reiterated that he is requesting that his petition be tabled.
Councilman Bettencourt moved the tabling of the petition and Council voted unanimously
in favor of the motion.
The second petition for a map amendment from R -1 to R -T was presented by
attorney Bruce Howe for Mr. Ratchford, agent for property known as PIN Number 4- 02 -23-
001, located within Ocean View Subdivision and owned by Mrs. Wilma McCusker. Mr.
Richard Grosse spoke, stating that this request differs from the Maddox petition in
that the property is not now owned by the parties requesting the petition, and that
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he is opposed to any change when ownership and development involve more than one
person or corporation. Also, he stated that no plans were presented to the Planning
Commission, and that the proximity of the property to the nursing home and to the
historic Officers Row necessitate carefully detailed plans. He personally advises
against re- zoning to R -T and would probably be opposed to PUD unless excellent plans
are presented.
Mr. Howe answered that preliminary plans have been completed and that the
plans call for a total of eight units in two buildings of four units each. He stated
that this design will protect the ocean view from the area of the nursing home being
blocked off.
Mrs. Jeanne Hutton stated that the Council should consider that the Fort
Screven area may shortly become a protecte d historic district, and that no changes
should be allowed which will threaten the historic value of the area.
Mr. Fred deBorde stated that he, as a resident of Fort Screven, is not
against residential development of the section, but is opposed to residential- tourist
development which would allow townhouses, etc.
Councilman Bettencourt questioned the means of egress to the property. Mr.
Howe answered that the lots front on Rosewood Avenue, which is still a public street
even though it is not opened.
Ms. Cathy McNaughton spoke, stating that the neighbors in the area of Center
Street were against the townhouse units built there last year, but have since become
friendly to her family, who reside in one of these units. She states that these town-
houses are not detrimental to the beauty of the neighborhood, but on the contrary, are
very attractive and that many people, including tourists, have complimented her on
the appearance of the units.
Mr. Bettencourt queried Mr. Howe as to whether or not he is aware that the
units he proposes are in the area of the proposed Ocean Parkway. Mr. Howe answered`
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that he is aware of the proposed parkway and would of course prefer that it not be
built in front of his prospective residence, but that the construction of the parkway
is a future, not present, concern.
Mrs. Harris introduced herself as the mother of Colonel Donald Harris, owner
of property on Officers Row and stated that she has traveled recently in Florida. She
asked if there is any guarantee that would protect the town from unfinished townhouses
or condominiums being abandoned during construction. She noted that this has been a
problem in Florida in recent times.
Councilman Alexander stated that many other problems, such as drainage and
traffic patterns, should be considered before granting a petition for R -T zoning in
this area. He stated that the area has always been prone to drainage problems, and
that the city cannot afford to create any more drainage problems for the future. He
then moved that the petition be tabled. Council voted unanimously in favor of the
motion. Councilman Fleetwood declared himself ineligible to vote because he is an
adjacent property owner.
The Public Hearing was then adjourned, and Council immediately went into
regular session. The Mayor Pro Tem called for visitors who wished to speak before
Council. There were none.
Bills for the month of November were approved as follows: Capital Outlay -
$3,199.53, General Government - $1,579.33, Water Department - $1,845.70, Sewer
Department - $3,319.24, Parking Meter Department - $108.67, Police Department - $3,889.39,
Fire Department - $348.18, Recreation - $132.22, Ceramics Department - $446.38,
Sanitation - $632.21, Public Works - $5,915.58. In addition, $56.22 was spent from
Revenue Sharing funds.
Councilman Alexander moved the adoption of the minutes of the meetings
of November 14th, 17th and 28th. Councilman Jung seconded the motion, and the minutes
were approved as written.
Lance Smith reported to Council that tests have begun on the sanitary landfill
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and that so far these tests show no pollution of ground water. He stated that
further tests are being made, but indications are that the landfill is not polluting
either ground water or aquifer water.
A resolution adopting the local option sales tax was read and Councilman
Owen moved its adoption. Councilman Jung seconded and the resolution passed unanimously.
A copy is attached to, and forms a part of, these minutes.
A resolution of respect for Mr. Joseph A. O'Leary was read, and Councilman
Bettencourt moved its adoption. Councilman Owen seconded, and the resolution passed
unanimously. A copy is attached to, and forms a part of, these minutes.
Councilman Fleetwood then stated that there have been several serious fires
on the island recently, and that he feels the number of firemen should be raised from
30 to 35. He also recommends spending approximately two thousand dollars to buy some
needed oxygen equipment. Councilman Owen then stated that he agrees with Councilman
Fleetwood and further stated that the fire department has been doing a remarkable job
and the necessary equipment is needed. The Fire Committee, in the absence of the
chairman, will investigate the cost of the necessary equipment.
Councilman Fleetwood then stated that the second reading of the franchise
ordinance with SEPCO has been accepted, but that the vote was postponed. He proposed
that the ordinance be amended to read 3 -1/2 percent rather than 4 percent; and for a
period of six months, rather than one year. This amendment was accepted by a vote of
3 - 0 with Councilman Alexander abstaining. The ordinance is in effect as of this date.
Councilman Jung moved adjournment; vote was unanimously in favor and the
meeting then adjourned.
CLERK OF COUNCIL it(tie
MAYOR
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RESOLUTION
WHEREAS, the City of Tybee Island, Georgia desires to impose a joint county
and municipal sales and use tax within its special district; and
WHEREAS, a local sales and use tax was being collected within said district
as of February 1, 1979; and
WHEREAS, Georgia Laws 1979, pp. 456 -466 (Ga. Code Ann. SS91A -4601 through
91A -4616, inclusive) enacted by the 1979 Georgia General Assembly
amends the Georgia Retailers' and Consumer's Sales and Use Tax Act; and
WHEREAS, Ga. Code Ann. S91A -4604 (Georgia Laws 1979, at p. 457) specifies that
the governing authority of each county and municipality shall adopt a
resolution on or prior to January 1, 1980, imposing the 1% tax authorized
by Chapter 91A -46; and
NOW THEREFORE BE IT RESOLVED that a joint county and municipal sales and use tax
is hereby levied by the Mayor and Council of the City of Tybee Island,
Georgia in cooperation with the governing authority of Chatham County,
Georgia at a rate of one (1 %) percent.
BE IT FURTHER RESOLVED that the effective date of this resolution shall be
January 1, 1980.
ADOPTED THIS 12th DAY OF December , 1979.
MAYOR
464---1-4•041
t
CLERK OF COUNC
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RESOLUTION OF RESPECT
WHEREAS, on the 12th day of November, 1979, death brought to a close
the active life of Joseph A. O'Leary; and
WHEREAS, Joseph A. O'Leary has, through his foresight and zeal for
this community, earned the affection of the people in the
City of Tybee Island, Georgia; and
WHEREAS, the stature he attained in this community by his exemplary
life and monumental achievements was recognized during his
lifetime;
BE IT THEREFORE RESOLVED, that the Mayor and City Council of the City
of Tybee Island, Georgia, does, by this resolution and public
record, recognize the profound influence of Joseph A. O'Leary
upon the development of Tybee Island, Georgia, recognizing
further that his death is a distinct loss to the City in which
he lived and won deep respect and affection.
BE IT FURTHER RESOLVED, that this resolution be spread upon the minutes
of the Council and a copy thereof be sent to his wife, Mrs.
Kate O'Leary, in recognition of Mr. O'Leary's respected place
in this community.
Adopted this 12th day of December, 1979.
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ORDINANCE NO 11 -79
GRANTING AN ELECTRICAL FRANCHISE TO SAVANNAH ELECTRIC AND POWER COMPANY,
ITS SUCCESSORS AND ASSIGNS, I"! THE CITY OF TYBEE _JLAND, A MUNICIPAL CORPORATIO ";
IN CHATHAM COUNTY, GEORGIA, SUPPLEMENTAL TO THE EXISTING RIGHTS, PERMITS AND
FRANCHISES NOM HELD BY SAID COMPANY.
PREAMBLE
WHEREAS, SAVANNAH ELECTRIC AND POWER COMPANY is presently serving
the territory embranced within the present corporate limits of the City of
Tybee Island, a municipal corporation in Chatham County. Georgia, with electric
light, heat and power service, as a public utility, under the rights, permits
and franchises as heretofore granted unto it By the predecessor authorities
of said territory for the construction and maintenance of poles, lines and
wires for the transmission and distribution of such electric energy; and
WHEREAS, since the creation of the Presently constituted municipality
Pursuant to an Act of the General Assembly approved on February 20, 1970
(1970 Georgia Laws, Page 2080), there has been no formal confirmation of such
rights, permits and franchises, although the Company has been in the continuous
exercise thereof and p'id all taxes applicable thereto; and
WHEREAS, it is mutually desirable to formally confirm and supplement
the existing rights held by SAVANNAH ELECTRIC AND POWER COMPANY for the conduct
of its said business as a public utility and to provide additional rights and
privileges to the Company for the conduct of its said business and to provide
for the payment of certain franchise taxes to the City of Tybee Island, incident
to the exercise thereof and in consideration therefor;
NOW THEREFORE, the City of Tybee Island hereby adopts the following:
AN ORDINANCE
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GRANTING AN ELECTRIC FRANCHISE TO SAVANNAH ELECTRIC AND POWER COMPANY, Tis
SUCCESSORS AND ASSIGNS, IN THE CITY OF TYBEE ISLAND, A MUNICIPAL CORPORATION IN
CHATHAM COUNTY, GEORGIA, SUPPLEMENTING EXISTING RIGHTS.
BE IT ORDAINED by the Mayor and Council of the City of Tybee island,
as follows:
SECTION 1. In consideration of the benefits that will accrue to the
City of Tybee Island, (hereinafter sometimes referred to as "City ") and the in-
habitants thereof and the franchise taxes herein provided, SAVANNAH ELECTRIC AND
POWER COMPANY, its successors and assigns (hereinafter sometimes referred to
as the "Grantee "), is hereby given and vested with the right, authority, ease-
ment, privilege and franchise to construct, erect, suspend, install, renew, repair,
maintain, operate and conduct within the present and future corporate limits of
the City of Tybee Island, a plant or plants and system for the manufacture,
transmission and distribution of-electric current and energy and to sell and
furnish power, heat and light for all purposes whatsoever.
SECTION 2. The said Grantee is hereby further given and vested with
the right, authority, easement, privilege and franchise to construct, erect,
suspend, install, renew, repair, maintain, operate and conduct within the present
and future corporate limits of said City a system of poles, towers, conduits,
cables, conductors, transforming stations, fittings and all appliances or ap-
purtenances necessary or desirable to the transmission, distribution or sale
of electric current for all purposes whatsoever in, over, under, along, upon and
across all streets, avenues, alleys, lanes, ways, roads, bridges and public places
in said City as they now exist or may hereafter be laid out or extended, together
with the further right, privilege and franchise to construct, -erect, suspend,
install, renew, repair, maintain and operate such poles, towers, conduits, cables,
wires, conductors, transforming stations, fittings and all appliances and ap-
purtenances necessary or desirable to the furnishing, sale or transmission within,
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unto, through, over and beyond City and furnishing, sale, supplying and distri-
buting to said City and to the inhabitants and corporations, both within and be-
'yond the limits thereof, electric energy for liahtinq, heating, power and all
other purposes for which electric energy may be used now or hereafter, and for
the purposes for which electric energy may be used now or hereafter, and for the
purpose of extending its lines and furnishing electric current beyond the limits
of said City and to cut and trim trees and shrubbery when and where necessary, in
the judgment of the Company, to insure safe and efficient service.
SECTION 3. So long as Grantee is ennaned in the exercise of said
franchise and in the conduct of its business as a public utility in said City
and so long as the City shall not engage in such competing utility business,
Grantee shall, as reasonable compensation for such use and in lieu of and in
full .payment of all taxes, including license, franchise and occupation taxes,
imposed or to be imposed upon Grantee by said City, except ad valorem taxes,
lawfully levied upon the value of the Grantee's physical properties and franchise
within said City, as the same may now or hereafter be assessed under the laws
of the State of Georgia (provided, however, that the total amount of the monetary
payment by Grantee shall be credited against the ad valorem taxes levied by -the
City upon the value of Grantee's franchise therein as so assessed, as is pro-
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vided for by Section 92 -2310 of.the Code of Georgia of 1933), pay into the
treasury of said City on or before the first day of April each year, beginning
with the year 1979, a sum of money equal to three & one -half % of the gross re-
ceipts of Grantee from the sale of electric energy for residential and commercial
purposes but not for "industrial purposes ", as herein defined, delivered within
the territorial limits of the City during the preceding calendar year; provided,
however, that should the said City require Grantee to pay any license fee or tax,
excise tax, indirect tax, occupation tax, franchise tax, privilege tax, regulation
charge or related fees, taxes or charges, excepting ad valorem taxes, the aggregate
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amount :rf such fees, taxes and charges shall be deducted in full by Grantee from
the payment or payments subsequently accruing to said City: The Mayor and Council
of the City of Tybee Island, through its authorized representative or representatives
shall have the right to inspect and audit the
purpose of determining the amount of
revenues
books
and records
received from the
of Grantee for the
sale of electric
energy to residential and commercial but not industrial customers (as herein defined)
within the said territorial limits of said City.
The term "industrial electric energy" or "electric energy for industrial
purposes: for all the purposes of this agreement and as to which Grantee shall pay
no part of its revenue to said City as consideration herefor is defined to be
electric energy sold to manufacturing, assembling, treating and processing plants
and businesses such as overall, garment
and cotton mills, brick, glass and tile
and processing plants, fertilizer plants,
gas companies and plants, steel and other
and mattress factories, textile, linen
manufacturers, rosin oil manufacturing
paper plants, cement plants, foundries,
metal plants,
saw
mills, venetian blinds;
cabinets, sash, door and other timber manufacturing plants, ice plants, bottling
plants and other manufacturing plants, automobile and other assembling plants,
monument and stoneworking plants, kaolin processing plants, rubber processing
plants, meat packing plants, laundries, bakeries, dairies, food processing
plants, .and other processing plants, dental laboratories, hospitals and governmental'
institutions, and to non - profit educational fhstitutions, and generally, without
limiting the foregoing, all electric energy delivered and sold for use in indus-
trial and manufacturing processes; and the term "industrial customer" is defined
to be any person, partnership, association and corporation engaged in and.taking
electric energy for use in any of the foregoing.
SECTION 4. The poles, towers, conduits, cables, conductors, trans-
forming stations, fittings, appliances and appurtenances shall be so constructed
as not to unreasonably interfere with the proper use of the streets, avenues,
alleys, ways, bridges and public places in said City and shall be maintained in
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a reasonably good condition and repair.
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SECTION 5. Whenever the Grantee shall cause any opening or alteration
to be made in any of the streets, avenues, alleys, ways, bridges or public places
in said City for the purpose of installing, maintaining, operating or repairing
any poles, towers, conduits, cables and other appliances, the work shall be com-
pleted within a reasonable time, and the Grantee shall upon the completion of sucn
work restore such portion of the streets, avenues, alleys, ways, bridges or other
public places to as good condition as it was before the opening or alteration was
so made.
SECTION 6. The Grantee shall hold said City harmless from any and all
liability or damages resulting from the negligence of the Grantee in the constructio•
maintenance or operation of said poles, towers, conduits, wires, cables and other
appliances.
SECTION 7. The Grantee may, from time to time, declare, make and
enforce reasonable rules and regulations as a condition for the sale or distri-
bution by it of electric current to any person, firm or corporation.
SECTION 8. In the event the supply of electric energy should be
interrupted or fail by reason of accident or otherwise beyond the control of
the Grantee, the Grantee shall restore the service within a reasonable time,
and such interruption shall not constitute a breach of this franchise.
SECTION 9. The Grantee shall install and maintain, free of charge,
meters for measuring current, and shall have free access to the premises of the
consumer, from time to time, for the purpose of reading, repairing, testing and
maintaininn the meters and appurtenances.
SECTION 10. The Grantee shall not be required to furnish electricity
to any person, firm or corporation until satisfied of their financial responsibility
and may require reasonable security to insure payment._for electric energy to be
furnished hereunder.
shall at all times be subject to alteration, regulation and revision by the Public
Service Commission of Georgia or other state commission vested wiih u ch power.
SECTION 12. Wherever in this ordinance either the City of Tybee Island,
or the Grantee is named or referred to, it shall be deemed to include the res-
pective successor, successors or assigns and /or lessees of said City of Tybee
-Island, or of the Grantee.
SECTION 13. This ordinance and the franchise agreement authorized
herein shall be in force for a period of months from the date of its enactment.
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SECTION 14. The rights and privileges herein set forth are non - exclusive:
and the SAVANNAH ELECTRIC AND POWER COMPANY, its successors or assigns, shall, with-
in ninety (90) days after the passage and approval of this Ordinance, file a
written acceptance of this Ordinance with the Mayor or Clerk of said City.
The acceptance of this Ordinance by SAVANNAH ELECTRIC AND POWER COMPANY
shall be without prejudice to its previously existing rights, permits and franchies,
as set forth in the preamble to the foregoing Ordinance, and without prejudice to
the continuance in said Company, its successors and assigns, of all such rights,
which shall remain of full force and effect, and all of the terms and provisions
herein set forth in this Ordinance for the benefit of SAVANNAH ELECTRIC AND POWER
COMPANY, its successors and assigns, shall not constitute a substitution for or
a merger with such existing rights but shall in all respects be considered and
confirmed as supplemeni;Aal thereto.
ADOPTED, this the
12th
day of
December
, 1979.
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Clerk of the Mayor and Council
of the City of Tybee Island, do hereby certify that the within and foregoing is a
tv.ue and correct copy of the Ordinance duly and regularly adopted by said Mayor
and Council of the City of Tybee Island, on the oZ day of tJPce.rtlCje'°'
1979, as recorded in Minute Book 2 7 , Page /5 c. , of the Official
Records of said City.
Given under my hand and the seal of my office, this
, 1979.
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. 014.u.4.AA.J6, .Ax....
Clerk of Council v