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19821110CCMeeting1 1 1 Tybee Island, Georgia November 10, 1982 The regular meeting of the Tybee Island City Council was held at City Hall on Wednesday, November 10, 1982. The meeting was called to order by Mayor Charles J. Hosti at 7:30 p.m., with the following Councilpersons present: John Wylly, Jeanne M. Hutton, Jim Fabrikant, Kama J. McCutchen, Jerome Bettencourt-:and Sebastian J. Orsini. John Ranitz acted as City Attorney in the absence of Thomas J. Mahoney, Jr. The first visitor was the Zoning Administrator, Earl Anderson, who spoke concerning the Second Reading of the Subdivision Ordinance, requesting its postpone- ment for a month for further study. Councilperson Wylly agreed, stating that he is not convinced that such a complicated ordinance is necessary and moving that it be postponed. Councilperson Fabrikant seconded. Councilperson Hutton asked: (1) To be studied just by the Zoning Administrator, or by the Council? and (2) Would Earl take the matter back before the Planning Commission? Councilperson Wylly answered that he believes everyone should study the ordinance further, and Zoning Administrator Anderson said that he would meet with the Planning Commission next time, because there are con- flicts,between the new ordinance and the present zoning ordinances, such as differences in setbacks. The City Council unanimously agreed to the postponement requested by the Zoning Administrator. Minutes for the meeting of October 13th were approved after a correction of a typing error in the amount of expenses for the Fire Department for the month of September. Motion to approve was made by Councilperson Orsini, seconded by Council- person Hutton and unanimously approved. Bills for the month of October were approved as follows: Police - $4,215.18, Parking Meters - $563.56, Sanitation - $2,898.99, Public Works - $5,861.45, Oeramics - $948.21, Recreation - $182.79, Sewer - $5,285.82, Water - $2,267.77, Fire Department - $952.86, General Government - $2,785.64. In addition, Capital Expenditures of $120.00 1 1 1 58 and Other Expenses of $1:68.43 were approved for payments. Councilperson Hutton remarked during her report that gas usage is high, and that she will comment further during her committee report. Under Communications the following letters were read: 1) To Commissioner Moreland of GA Department of Transportation, dated 11 /2/82 asking that the four- laning Hof U.S. Highway 80 be given precedence over the widening of any other islands connectors, and especially objecting to Johnny Mercer Boulevard being given priority over the Tybee Road. 2)Tb Clerk from Chatham County Finance Department announcing an increase in the cost- per-day to house prisoners in the county jail. Councilperson Fabrikant ex- plained the city's present system for prisoners, stating that the county jail is not used except when necessary, and that the city is employing a jailer, and housing its own prisoners for short times, thus effecting:a considerable saving; therefore, the increase to $19.50 will not impact our city to as great an extent as could be expected. Mr. Ranitz also spoke for the law firm, stating that the Recorder, Mr. Mahoney, and his partners will cooperate to see that such charges are kept to a minimum by being available to immediately free Tybee Island of responsibility in as many instances as possible. 3) To Mayor and Council from Arnold J. Seyden, Jr., Chairman of the Tybee Island Planning Commission, dated 11/2/82, and reporting on the November meeting of the commission, and the status of its water study committee. 4) To Mayor Hosti from Senator Thomas Allgood, dated October 26, 1982, and expressing his support for Tybee's request for funds for a south groin. 5) TO Mayor Hosti from Representative Pete Phillips, dated October 14, 1982 and agreeing with the Mayor's statements in his letter about erosion control, and explaining that the lobbying for funds is expected to be intensive. All of the communications were accepted as information. Mayor Hosti informed the audience that response from legislative members has been positive, and that he hopes they will be as supportive when the appropriation of funds for the south groin cones before them. Councilperson Fabrikant reported for the Police Committee that a transfer of license, denied at the last meeting because of incomplete investigation, should be re- considered now that complete information has been received; he then moved that the transfer of license from Mrs. Billie King to Edmon C. Burnsed for the Novelty Bar be approved. Councilperson Orsini seconded, and the vote was unanimously in favor. Councilperson Hutton reported for the Public Works /Sanitation Department: 1 1 1 59 the state grant for closing the landfill ($5,000.00 Matching Funds) has been almost half spent; Ledbetter Contracting Company is hauling and spreading the fill dirt, supervised by the city. The state will inspect the closure when we are canpleted. The Police Department has been asked to watch carefully for illegal dumping activities and that a ditch will be cut to prevent this as soon as the spreading of fill material is canpleted. She further reported that the city has applied for approval for two new dry trash landfills, and that this will save four to five daily trips to the Wilmington Island landfill, with considerable savings in fuel and time. She added that she hopes to prepare a brochure for the citizens telling them how best to handle their trash and garbage disposal, just as soon as all of the new procedures are implemented. Councilperson Wylly reported for the Erosion Control Committee, stating that several possible sources of riprap materials have been rejected as unsuitable but that the search and investigation continues. Southern Aggregate has granite boulders at $21.50 per ton delivered, and this seems to be a fair cost. Filter cloth has been do- nated by Union Camp; he asked that a letter of appreciation be sent to them. He added that caulking is needed at places along the seawall, and that cracks in the sidewalks also should be repaired. Councilperson Wylly then reported for the Finance Committee, saying that the November tax billing will go out late because of technical difficulties with the cam- puter. Councilperson McCutchen explained to the audience that the Fire Committee is recommending subscription fire service for those people outside our city limits. She read a draft of a letter prepared by the City Attorney, and stated that this letter will shortly be sent to people in the county portion of the island. She added that she hopes this inane will help provide a new fire station and an aerial truck. Mayor Hosti then spoke of the city's precarious position and of its prime obligation to its citizens to protect then first. He stated that the city has had lots of requests fran outside the city limits for fire protection, and that he hopes that 1 60 these requests can soon be honored. He spoke of the worry some have that a non - subscriber may have a fire, and again spoke of the city's obligation to its tax payers. Councilperson Bettencourt reported that the Ceramics classes had 255 parti- cipants last month, and that 14 classes were conducted for a total of 56 hours of class roam time. Sports programs currently underway include volleyball and flag football. Seven volunteers worked with these programs, and 109 Tybee residents participated. Mayor Hosti noted that another sewer line has collapsed; this one on Jones Avenue north of U.S. Highway 80. He stated that bids are being sought now for repair and that he will again seek grant funds to help defray the cost. Mayor Hosti then read a Proclamation in honor of Youth Week, sponsored each year by the Tybee Island Optimists Club. A copy of the Proclamation is attached to, and becomes a part of, these minutes. Mayor Hosti also reported on the meeting of the Youth Council earlier in the afternoon, and stated that the kids did a good job debating the issue of annexation. The participants were: Holly Robbins, Mayor; John Barry, Police Chief; Couhcilpersons Paul Silva, Timmy Wong, Paul Jackson, Simon Orr, Shawn Bedknel and Trey Clark. The Clerk of Council was David Bryan and the City Attorney was Jimbo Harrison. All these officials came fran the two local schools: Tybee Elementary and St. Michaels. A Resolution naming November 21 through 27 as Family Week was read. This includes Thanksgiving Day, and the Mayor spoke briefly of the importance of family cohesiveness, and of America's traditions. A copy of this resolution is attached to, and becomes a part of, these minutes. The Alcoholic Beverage Regulatory Ordinance ( #4 -82) was introduced by Council- person Fabrikant and read by the attorney, Mr. Ranitz. Councilperson Fabrikant moved its adoption, Councilperson McCutchen seconded and the ordinance was adopted without dissenting vote. Councilperson Fabrikant requested that each holder of a license for alcoholic beverage sales be provided with a copy of the ordinance ,.immediately. An ordinance regulating trailers and mobile has was read and discussed. 1 1 1 61 It was explained that the ordinance is intended to keep people from living in mobile homes - it should not be interpreted as preventing people from parking a recreational vehicle within the city limits. The ordinance was accepted unanimously on First Reading; Second Reading was scheduled for the December meeting. A petition to subdivide property known as PIN # 4 -19 -04 -001 and lying at the intersections of Hodge Street and South Campbell Avenue was heard. The petitioner, Jack Knauz, has presented this matter to the Tybee Island Planning Commission purely in courtesy as our local ordinances contain no subdivision regulations. The Planning Commission unanimously approved his request. Councilperson Orsini explained that the subdivision creates three lots along Hodge Street to the marsh. An excerpt frown the Planning Commission minutes was read, and the Zoning Administrator, Earl Anderson, said that the subdivision meets the zoning requirements. Councilperson Orsini then moved to approve; and Councilperson Fabrikant seconded. Councilperson Wylly questioned the availability of a copy of the plat and was told that the city has a copy on file. The motion carried unanimously. Mayor Hosti then referred everyone's attention back to the question of the city's paying a fee to house prisoners in the Chatham County jail. Mr. Ranitz read a letter frown Deputy Sheriff Donnie Anderson stating that this practice has been in effect since an agreement was made between the City of Savannah and Chatham County. Small municipalities pay because City of Savannah has insisted this be done. He explained that careful scheduling and prompt arraignments can minimize the cost of this service. Councilperson Fabrikant spoke of his appreciation of the attorneys' cooperation in keeping these costs down. Be added that overcrowded conditions have caused the County to refuse to accept misdemeanors any longer and that the city arrests few felons. Councilperson MMCutchen spoke for the Stricklands, local merchants who were in the audience. She said that they own businesses along an entire block, and that they keep the sidewalks in front of these businesses clean. Their canplaint is that the city is not sweeping the street in this area; they believe the trash cans have also been re- 1 1 62 moved and that their taxes entitle them to services such as these. Councilperson Hutton agreed that the street sweeping has been discontinued for the winter, and that the cans have mostly been removed, and Mayor Hosti promised that an improvement will be attempted, adding that the Police Department will be asked to watch more closely for littering in this area. Councilperson McCutchen moved to adjourn;, Councilperson Orsini seconded, and the vote was unanimously in favor. The meeting therefore was adjourned until the next regular or special called meeting. 62-A-1 TO: ALL CITIZENS OF THE CITY OF TYBEE ISLAND, GEORGIA KNOW YE: THAT THE TYBEE ISLAND OPTIMIST CLUB, IN CONJUNCTION WITH ITS NATIONAL ORGANIZATION EACH YEAR SPONSORS AND ENDORSES YOUTH WEEK WHICH IS CELEBRATED IN THE CITY OF TYBEE ISLAND BY THE ELECTION OF A YOUTH COUNCIL AND VARIOUS OTHER YOUTH ORIENTED ACTIVITIES WHICH ARE DESIGNED TO INFORM, EDUCATE AND ENTERTAIN THE YOUTH OF OUR CITY. THAT THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA DO HEREBY ENDORSE AND AFFIRM THESE ACTIONS OF THE TYBEE ISLAND OPTIMIST CLUB AND DO INVITE THE YOUTH COUNCIL TO PARTICIPATE IN A REGULAR COUNCIL MEETING ON THE AFTERNOON OF NOVEMBER 10, , 1982. THAT THE MAYOR AND COUNCIL DO HEARTILY APPROVEHOF,T*62:1 v:RATION OF YOUTH WEEK AS LL: „ PROMOTED AND ENCOURAGED BY THE TYBEE ISLAND CETTM414.4,93 - • :1 j. t • THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF-,iryBEEJISI;ANO, GEORGIA, DO HEREBY , . DECLARE THAT THE WEEK OF NOVEMBER 7 THOUGH 1113ER 13 BE DEVOTED TO THE YOUTH OF TYBEE ISLAND AND DO HEREBY INVITV. THE GOOD PEOPLE OF TYBEE ISLAND TO JOIN WITH THE OPTIMIST cum04PLE4wING YOUTH WEEK IN HONOR OF OUR YOUTH. THE CITY OF TYBEE ISLAND, GEORGIA 1 1 1 62 -B -1 R E S O L U T I O N WHEREAS, the family is the basic strength of any free and orderly society; and WHEREAS, it is appropriate to honor the family as a unit essential to the continued well -being of Tybee Island, Georgia; and WHEREAS, is is fitting that official recognition be given to the importance of family loyalties and ties; NOW, TH'EREF'ORE, I, Charles J. Hosti, Mayor of the City of Tybee Island, Georgia do hereby proclaim the week of November 21 through November 27, 1982 as FAMILY WEEK And I urge all people to consider joining in meaningful activities such as family discussions, home improvement projects, church attendance, recreational sports, and family prayer; And I recommend that youth organizations, service clubs and other civic groups and churches feature speakers and activities during this week to focus attention on family solidarity. THE CITY OF TYSEE ISLAND 1 1 1 O R D I N A N C E AN ORDINANCE TO AMEND TITLE 9, CHAPTER 2, SECTIONS 1, 2, 3, 4, 5, 6, 7 AND 8 OF THE CODE OF ORDINANCES OF TYBEE ISLAND, GEORGIA, DESCRIBING THE TERMS FOR SALE OF ALCOHOLIC BEVERAGES, FORTIFIED WINE, DISTILLED SPIRITS, MALT BEVERAGES AND SPIRITUOUS LIQUORS FOR BEVERAGE PURPOSES. BE IT ORDAINED by the Mayor and Councilpersons of the City of Tybee Island, Georgia, duly assembled, and it is hereby ordained by the authority thereof, that Title 9, Chapter 2, Sections 1, 2, 3, 4, 5, 6, 7 and 8 are hereby amended by repealing Sections 9 -2 -1, 9 -2 -2, 9 -2 -3, 9 -2 -4, 9 -2 -5, 9 -2 -6, 9 -2 -7 and 9 -2 -8, and by ordaining instead thereof the following: Licensing and Regulation Chapter 2 Alcoholic Beverages State Law Reference: Alcoholic Beverages, Ga. Code Ann. Title 5A §9 -2 -1 Business hours; specified; and responsibility for compliance. §9 -2 -2 Dispensing on election days. §9 -2 -3 B -girl drinking or B- drinking. §9 -2 -4 Gambling, keeping a gambling place, possessing gambling device or equipment, prostitution, pimping or keeping a place of prostitution. §9 -2 -5 Responsibility and penalty for violations. §9 -2 -6 Registration with chairman of police committee; licensee. §9 -2 -7 Same; employees. §9 -2 -8 Same; notice of employee terminations. Sec. 9 -2 -1 Business hours; specified; and responsibility for compliance. (a) The mayor and council of the city, in adopting II,Iq .hainal Italnhy •ia.•tee Thal Iltn 1.1 .vibi•dt5, talcs and regulations herein shall be applicable to all .:mlablilihmentm and barn within the limita of the municipality; shall control and govern the operation of those establishments, shall be reduced to written form, distributed and served on all licensees of suchlestablish- ments within the city, and the violation of any such provisions, rules and regula ions shall be subject to the penalty herein prescribe. (b) The following rules and regulations shall apply for the retail sale of alcoholic beverages, fortified wine, malt beverages, distilled spirits or spirituous liquors for beverage purposes by the drink, these 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, fortified wine, malt beverages, distrilled spiris or spirituous liquors for beverage purposes by the drink 1 1 for consumption on the premises as those terms are defined by Georgia Code, section 5A -102 during the following times, except as provided in subsection (3) below: a. Sunday: 2:56 a.m. to 12:01 a.m. Monday, b. Monday: 3:01 a.m. to 9:00 a.m. Monday, c. Tuesday: 3:01 a.m. to 9:00 a.m. Tuesday, d. Wednesday: 3:01 a.m. to 9:00 a.m. Wednesday, e. Thursday: 3:01 a.m. to 9:00 a.m. Thursday, f. Friday: 3:01 a.m. to 9:00 a.m. Friday, g. Saturday: 3:01 a.m. to 9:00 a.m. Saturday. (2) Said business will close and shall not open and operate between the hours of 2:56 a.m. on Sunday and 9:00 a.m. on Monday of each week. (3) Any licensed eating establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food is allowed to open for the sale of distilled spirits, malt beverages or wine for consumption only on the premises on Sunday between the hours of 12:30 p.m. and 12 midnight (Code 1970, Sec. 3 -1, as amended by Ord. of 8/9/78 and Ord. No. 79 -7, 3/21/79, Sec. 1). Sec. 9 -2 -2 Dispensing on election days. It shall be unlawful for any person or business to sell or offer for sale any alcoholic beverages, fortified wine, malt beverages, distilled spirits or spirituous liquors for beverage purposes by the drink for consumption on the premises only as those terms are defined by Georgia Code, section 5A -102 on days of election, whether national, state, county, municipal or primary elections, from one (1) hour prior to the opening of the polls and ending one (1) hour after the closing of those election polls. (Code 1970, Sec. 3 -2) Sec. 9 -2 -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 „that patp,o,, owl it &tall l:c fnrttar nnlawfnl to dispense or consume any beverage under the pretense that. it is alcoholic beverages or distilled :ij iri1. for public consumption by an employee on the premises, or any other person within licensee's establishment. (Code 1970, Sec. 3 -3) Se. 9 -2 -4 Gambling, keeping a gambling place, possessing 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, pimping 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," - 2 - 1 1 "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 any 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 that offense or offenses. (Code 1970, Sec. 3 -4) Sec. 9 -2 -5 Responsibility and penalty for violations. The owner, operator and employee of each such place of business, or any other person within license's establishment, shall be responsible for comply ng 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 -1 -8 of this code, 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. (Code 1970, Sec. 3 -5) Sec. 9 -2 -6 Registration with chairman of police committee; licensee. It shall be unlawful for any holder of a wholesale liquor, beer or wine license or the holder of a retail liquor, beer or wine license to operate thereunder any place of business without having a registration card signed and issued by the chairman of the police committee of the mayor and council. Application for registration cards is to be made at the police depart- ment. (Code 1970, Sec. 3 -6) Sec. 9 -2 -7 Same; employees. It shall be unlawful for the holder of any alcoholic or malt beverage license as specified in section 9 -2 to permit himself or any other person to work or to serve in or about his place of business unless that person has a registration card issued and signed by the chairman of the police committee of the mayor and council, setting forth therein the name of the employer and location of place of employment. Application for ta.j14tratinn Oarfln is to he made at the police devarr- ment. (Code 197U, Sec. 3 -71 Sec. 9 -2-8 Same; notice of employee terminations. It shall be unlawful for the holder of any alcoholic beverage license set forth in !section 9 -2 -6 to fail to notify the chairman of the police committee within five (5) days after the termination of the services of any of his employees working in any place where alcoholic or malt beverages are served. (Code 1970, Sec. 3 -8) - 3 - 1 1 1 It is the intention of the governing body, and IT IS HEREBY ORDAINED, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia and any sections of this Ordinance may be renumerated to accomplish such intention. The above and foregoing Ordinance being adopted in open Council, this /Q day of so/ ,Gw✓ , 1982. 1r MAYOR, City Tybee Island, Georgia • l . C/ LE (1-4.4.44-6-City of Tybee Islana - 4 -