Loading...
19821208CCMeeting1 1 63 Tybee Island, Georgia December 8, 1982 A regular meeting of the Tybee Island City Council was held at 7:30 p.m. on Wednesday, December 8, 1982 at the Tybee Island City Hall, with Mayor Charles J. Hosti presiding. The following members of Council were present: Jerome W. Bettencourt, Sebastian J. Orsini, Klima J. McCutchen, John C. Wylly, Jeanne M. Hutton and James L. Fabrikant. The City Attorney, Mr. Thomas J. Mahoney, was also present. The first visitor was Burt Barrett, Jr. who stated that he has previously received permission from the City Council to hold a Regatta on May 15 & 16. He attended a meeting of the-Boa Fleet 294 and has been asked by them to have the date changed to June 25 & 26. Mayor Hosti promised to have an answer as soon as possible. The next visitors were Anita & Tom Clay, represented by Mr. Gene McCracken. The Clays petitioned that Lots 106 & 107, Ward 4 (located on 15th Street) be ex- tended by six feet (6') into the city's right of way.;, The Clays ask to purchase this six- -foot section which is 28 feet from the pavement, and would still leave the city 22 feet of unpaved right -of -way along the street. This six-foot segment would allow the Clays to enlarge their house. The attorney explained that there is an existing fence on the right -of -way which has been there for decades; that it was there when the house was purchased, and therefore the Clays believed that this property was theirs until the recent survey showed the fence to be within the city's right of way. Mayor Hosti promised the Clays that this would be brought up again under Legal Business, shortly. The next visitor was Mr. Al Dawley who explained plans for a Tybee Museum Historical Event. He informed Council that a $300.00 grant from the State has been received and will be used to promote the event. He also explained that 1983 is 1 64 Georgia's 250th Anniversary. He stated that the museum plans to hold their event on July 2, 3, and 4, 1983, and requested permission to use the front parking lot at the museum. Councilpersons Bettencourt and Fabrikant supported this request, and permission was granted, with all Councilpersons agreeing. The meeting was then opened for business legally presented. The first item considered was the Clay petition. Councilperson Hutton explained the value of an easement to the city, stating that selling rights -of -way sets a precedent, and that this administration had campaigned against such-types of action. Councilperson Bettencourt stated that he is sympathetic toward the Clays, but that his previous voting record reflects that he has always been against losing any public lands Councilperson Wylly explained that he will abstain from voting, since he sold the property to the Clays. Mayor Hosti stated directly to the Clays that the entire Council would like to do this for them, but that all believe their campaign promises prevent it. Councilperson Hutton then moved denial of the petition, Councilperson Fabrikant seconded and the vote was five in favor of denial, none opposed, and one abstention (Mr. Wylly). The next item of business was the Hobe Fleet Regatta: Councilperson Fabrikant moved to grant the request, Councilperson Wylly seconded and the vote was unanimously in favor of moving this event to the weekend of June 25 & 26. Councilperson Orsini moved the minutes be accepted as written, Council- person Bettencourt seconded, and the vote carried unanimously. Bills for the month of November, 1982 were approved as follows: Public Works - $3,449.43, Sanitation - $4,499.58, Parking Meter Department - $67.85, Police Department - $3,557.95, Sewer Department - $3,835.62, Water Department - $2,187.23, Recreation (various) - $82.24, Jaycee Park - $632.23, Ceramics - $808.12, Fire Department - $488.08, General Government - $1,583.37, and Other Expenses of $370.00. Councilperson Hutton highlighted the cost of street lighting, and of fill dirt for the landfill closing, during her report. 1 65 Under Communications, the first subject was Federal Flood Control. Two letters Qere read and the City Attorney commented that the city is forced to give citations to those owners found in violation. Be believes that we have now com- plied with FE A's demands and that he hopes the probation will be lifted. Mayor Hosti added that the city's major purpose is to clear this probation. Copies of both these letters are attached to, and become a part of, these minutes. A letter to State Representative Phillips fran the City Attorney was read. This letter requests that M. Phillips act for the city by presenting certain changes in the Charter. These changes are primarily concerned with the city's desire to change the date of the municipal elections fran May to November, and with changes needed to conform with the new Code of Georgia, such as references to particular sections, etc. A letter was next read which was addressed to Mayor Hosti fran Colonel Charles E. Daminy of the Corps of Engineers, dated November 10, 1982. The letter promised to take aerial photographs of the North Beach area in an attempt to lo- cate the obstructions in the waters there, and will be done at a period �f unusually low tides so that the optimum views can be taken. Mayor Hosti explained that he hopes this will lead to removal of those obstacles which are dangerous to swimmers; otherwise this public parking area will have to be closed next season because the danger is too great. A letter dated November 15, 1982, addressed to Mayor Hosti fran DOT Commissioner Thomas D. Moreland was read. Mayor Hosti explained to the audience that this is a response to his objection to the plan to widen Johnny Mercer Blvd. before four- laning Tybee Road. Be explained his position that the ;priority on the eastern side of Chatham County should be Highway 80, and that he, and his supporters will start pushing for -the four- laving of Tybee Road. A letter fran John Ranitz was read. This letter, dated November 15, 1982, supports annexation. Mayor Hosti told the audience that there is a petition being circulated seeking signatures of voters and property owners and that response has 1 1 66 been favorable. It is hoped that the city will be able to annex an area contiguous to the present city limits, and that this can be done by petition, with no need for the expense of a referendum. A letter from Mr. Roland Brandt of the Environmental Protection Division of the Dent of Natural Resources was read. This letter, dated-November 30, 1982, declares that the city's old landfill on Highway 80 is officially closed. A copy of this letter is attached to, and becomes a part of, these minutes. The land, known as PIN # 4 -23 -01 -001, is the property of Donald E. Austin, and he will be informed in writing that the city is no longer using the property. During her committee report, Fire Commissioner Klima J. McCutchen informed everyone that 22 subscriptions for fire protection have been received thus far. She added that the department is working on assigning consistant house numbers, and that a cut-off date, when non - subscribers will no longer be protected, will soon be announced. Mayor Hosti added that DAV Island and Spanish Hammock people have shown a great interest in subscribing for fire protection, and that Tybee tax payers should not continue to bear the burden of responsibility for protecting non - residents. Others should, and will, pay their sure in future. Councilperson Bettencourt formally thanked the Opt -Mrs. Club for their donation of a new stove for the Community House and asked Mayor Hosti to write a thank -you letter to then. He reported that the branch library reports attendance slightly off for the month, and reminded the public of the availability of the library and its services. Councilperson Hutton reported that the public works department's winter schedule is underway, and that it is hoped a dry trash landfill will soon be open. Mayor Hosti added that this will save the city considerable money spent now in haul- ing dry trash off the island. He added that the clean -up of the island has included the sending of more than thirty (30) notices to owners asking that their lots be cleaned. He said that action is being taken which will make Tybee Island much more 1 1 attractive and healthier for its citizens. Police Commissioner Fabrikant reported that Officer C.J. Macauliff, a young officer who has been with the city for more than a year, has been promoted to Corporal. He then spoke of the need for a First Responder unit, stating that he intends to have this service for Tybee Island before he leaves office. He explained that his mother's life was saved several times by EMTs on the island who responded voluntarily to an emergency call. He thanked Mr. Henry Buckley, Jr. specifically, stating that he has been outstanding, as has Captain Jimmy Lee Woods, who is also EMI' - trained. Mayor Hosti added that he has personally talked of this need with Chief Price, and Councilpersons Fabrikant and McCutchen. He stated that he personally considers this to be a top - priority project. In his finance report, Councilperson Wylly told of the need to renew the electric company's franchise. He stated that the current SEPCO fraanchise pays the city 311 % (this had been 3% until 1982) and that an increase to 4% in 1983 is in- cluded in the new franchise. He stated that the entire franchise is too lengthy to read, but that all interested citizens may read'it by request. Be then moved its adoption; Councilperson Hutton seconded and the vote was unanimously in favor. A copy of this franchise is attached to, and becomes a part of, these minutes. Councilperson Wylly then reported for the Erosion Control Committee that work started today on the south end. Riprap will be placed against the seawall beginning December 9, 1982. Mayor Hosti explained to the public that the Council is worried whether the wall would hold if we experience a severe winter storm. The riprap is intended to brace the wall until a groin can be built, or the beach renourished. Councilperson Orsini explained the series of major maintenance problems and the emergency repairs in the Water /Sewer Department since July. He also ex- plained that the bond issue requires that this utility be self - supporting, and that an increase in rates is long overdue, and cannot be postponed further. Councilperson Bettencourt questioned whether the water being pumped is not actually 67 1 68 much more than the water usage being billed out each month, and where this water is going, and who may be receiving water for which no billing is being made. Councilperson Hutton explained that the accuracy of the figures is doubtful, since the amount of water being pumped is estimated. Councilperson Orsini stated that one of the improvements he hopes to make is to buy flow meters for each well so that actual accurate figures will be available in future. Mayor Hosti added that the bond issue is set up, that one and a half million dollars is still outstanding, and that this must be paid for with revenues generated by the utility. Be stated that this increase should have been made four or five years ago, but that it falls to the present administration to do it. He aIIso stated that the proposed figures are fair, and that the increase will protect the bond issue. Councilperson Orsini explained that some of the practices of the past have been improved, and that safety is being stressed, adding that safety factors often increase costs, but do protect employees and must be implemented. He then moved that the new rate schedule be adopted, and Councilperson Fabrikant seconded. There was considerable additional discussion. Councilperson Mcutchen stated, in response to Councilperson Bettencourt!s concern about waste or uncharged water usage, that her fire department is very con- cerned about this; she hopes the rate flow studies made by the fire department, when released, will encourage people to be more careful not to waste water. Councilperson Bettencourt, when the vote was called, stated his negative vote, saying that he did not wish to be contrary,-but that his conscience tells him that inequalities exist. Councilperson Hutton then reiterated that she believes that the present measuring system is inefficient and that the city is not giving away that much water. The vote then was taken, with all other members voting in favor for a vote of five positive and one negative., Councilperson Bettencourt then stated that he wished to change his vote, in the interests of unity, to positive, and the final decision was unani- mous: Second Reading of the Water /Sewer Rate Schedule will be held at the January meeting, and the change will not be effective until after that time. 1 Mayor Hosti then announced that the Second Readings of two ordinances have been postponed. These ordinances are: one regulating trailers within the city limits, and another dealing with subdivision regulations which has been sent back to Planning Commission at the request of the Zoning Administrator. Councilperson Fabrikant then introduced an ordinance intended to bring the city into conformity with the Georgia State Code changes effective November 1, 1982. The ordinance was read by the City Attorney, and is concerned Georgia traffic laws. Councilperson Fabrikant then moved its acceptance on First Reading, Councilperson Bettencourt seconded, and the vote was unanimously in favor. Next reading is scheduled for the January meeting. Revenue Sharing Budget for October 1, 1982 through September 30, 1983 (Entitlement Period #14) was explained by Councilperson Wylly. The total antici- pated income from this source is expected to be $38,350.00. It is suggested that $23,350.00 be alloted to street paving, and $15,000.00 to additional improvements in storm drainage. Mr. Wylly then moved adoption of this budget, and Councilperson Bettencourt seconded. The vote was unanimously in favor. Councilperson Wylly then explained that, as the half -year point is reached, it is usual to find that some adjustments in the annual budget are necessary. Be then informed the public that this revised budget is available for their review during regular business hours and that -the changes are those recommended by the Finance Committee and the City Treasurer. He then moved to adopt the revised budget, Councilperson Bettencourt seconded, and the itoLion passed unanimously. A copy of this revised budget is attached to, and becames a part of, these minutes. A contract with Chatham County to provide health department inspections for ,enforcement Hof out local Housing Code was then introduced by Councilperson Wylly. Be explained that it provides us with fifteen (15) days of an inspector's time for a total cost o% $1,355.48, and moved its adoption. Councilperson Fabrikant seconded and the vote was unanimously in favor. 1 1 70 Mayor Hosti then announced two appointments to the Tybee Island Recreation Board: Mrs. Dorothy Hosti, who had been serving the remainder of Mr. Orsini's unexpired term, was reappointed for a two -year term beginning December 1, 1982 and ending December 1, 1984. Mr. Mallie B. Clark, Jr. was then appointed to the Board to serve an identical term, filling the vacancy left by the expiration of Michael Kelly's term. These appointments were both accepted and endorsed by the entire City Council. There being no further business, the meting was adjourned. Following adjournment, as is his practice, the Mayor listened to comments and questions from the audience. JOE D. TANNER Commissioner J. LEONARDLEDBETTER Division Director 70—A Pepartmeut of (Natural Eesaurces ENVIRONMENTAL PROTECTION DIVISION 270 WASHINGTON STRFE.T S W ATLANTA GEORGIA 30334 30 November 1982 The Honorable Charles J. Hosti Mayor City of Tybee Island P. 0. Box 128 Tybee Island, GA 31328 RE: City of Tybee Island Sanitary Landfill Chatham County Reply To 1 200 Glynn Avenue Brunswick, Georgia 31523 (912) 264 -7284 Dear Mayor Hosti: On 29 November 1982, I inspected the City of Tybee Island sanitary landfill in Chatham County. Garbage, trash and debris were covered with clean earth and access to the sanitary landfill was controlled by a cable at the entrance to the site. Accordingly, the sanitary landfill is declared CLOSED. No further dumping of garbage, debris or trash may be done at the site and access to the site must be controlled. Your efforts in closing this site are appreciated. If you have any questions or if you need assistance, please telephone. Sincerely, Roland A. Brandt, P. E. Manager Southeastern Region RAB:rlt cc: Moses McCall File 1 1 A FRANCHISE AGREEMENT GRANTING AN ELECTRIC FRANCHISE TO SAVANNAH ELECTRIC AND POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF TYBEE ISLAND, A MUNICIPAL CORPORATION IN CHATHAM COUNTY, GEORGIA, SUPPLEMENTAL TO THE EXISTING RIGHTS, PERMITS AND FRANCHISES NOW HELD BY SAID COMPANY. PREAMBLE WHEREAS, SAVANNAH ELECTRIC AND POWER COMPANY is presently serving the territory embraced within the present corporate limits of the City of Tybee Island, a municipal corporation in Chatham County, Georgia, with electric lights, heat and power service, as a public utility, under the rights, permits and franchises as heretofore granted unto it by the City of Tybee Island, for the construction and maintenance of poles, lines and wires for the transmission and distribution of such electric energy; 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: AMEEmENT GRANTING AN ELECTRIC FRANCHISE TO SAVANNAH ELECTRIC AND POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF TYBEE ISLAND, A MUNICIPAL CORPORATION IN CHATHAM COUNTY, GEORGIA, SUPPLEMENT- ING EXISTING RIGHTS. 1 1 BE IT ORDAINED by the Mayor and City 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 inhabitants thereof and the franchise taxes herein provided, SAVANNAH ELECTRIC AND POWER COMPANY, its suc- cessors and assigns (hereinafter sometimes referred to as the "Grantee "), is hereby given and vested, for a period of thirty -five (35) years from the effective date of this Ordinance, 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 the City of Tybee Island, a plant or plants and system for the manu- facture, transmission and distribution of electric current and energy and to sell and furnish electric energy for power, heat and light and all purposes whatsoever. Section 2. The said Grantee is hereby 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, lines, conduits, cables, conductors, transforming stations, fittings and all equipment, apparatus, appliances or appurtenances necessary or desirable to the transmission, distribution or sale of elec- tric current for all purposes whatsoever in, over, under, along, upon and across all streets, avenues, alleys, lanes, ways, roads, parks, bridges and public places in said City as they now exist or may hereafter be laid out or extended, together with the fur- ther right, privilege and franchise to construct, erect, suspend, install, renew, repair, maintain and operate such poles, towers, conduits, cables, wires, conductors, transforming stations, fit- tings and all equipment, apparatus, appliances and appurtenances necessary or desirable to the furnishing, sale, supplying and -2- 1 1 distributing to said City and to the inhabitants and corporations, both within and beyond the limits thereof, electric energy for lighting, heating, power and all other purposes for which elec- tric 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 or remove trees and shrub- bery when and where necessary, in the judgment of the Company to insure safe and efficient service. Section 3. So long as Grantee is engaged 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 and license taxes on the sale of home appliances, lawfully levied upon .the value of the Grantee's physical proper- ties and franchise within said City, as the same may now or here- after be assessed under the laws of the State of Georgia (pro- vided, 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 provided for by Section 91A -1806 of the Code of Georgia of 1933), pay into the treasury of said City within ninety (90) days following the end of each calendar year the percent- ages as set forth below of the gross receipts of Grantee from the sale of electric energy within the territorial limits of the City to customers served under the residential and commercial rate schedules (as prescribed from time to time by the Georgia Public Service Commission) during the preceding annual period: For the year 1982 3.5% For the Year 1983 and thereafter 4.0% -3- 1 1 1 Payments hereunder shall be retroactive to and commence with the year beginning January 1, 1982, with all sums previously paid by Grantee on account of the 1982 franchise payment being credited thereto. Five years from the date of adoption hereof and every five years thereafter, the amount of the percentage used to com- pute the franchise payment herein provided may be subject to negotiation between the City and the Grantee upon either giving notice to the other in writing of its desire to negotiate a different percentage. Such notice shall be given to the other at least 120 days prior to the appropriate anniversary date. Provided, however, that should the said City require Grantee to pay any license fee or tax (except license taxes on the sale of home appliances), excise tax, indirect tax, occupation tax, fran- chise tax, privilege tax, regulation charge or related fees, taxes or charges, excepting ad valorem taxes, the aggregate amount of 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 City Council of the City of Tybee Island through its authorized representative or representatives, shall have the right to inspect and audit the books and records of Grantee for the purpose of determining the amount of revenues received from the sale of electric energy to customers served under residential and commercial rate schedules (as prescribed from time to time by the Georgia Public Service Commission). Section 4. The Grantee shall, in constructing, maintain- ing, operating and extending its poles, wires and other appara- tus, submit and be subject to all reasonable exercises of the police power by the City. Nothing contained herein, however, shall require the Grantee to surrender or limit its property rights created hereby without due process of law, including ade- quate compensation, for any other purpose at the instance of the City or for any purpose at the instance of any other entity, private or governmental. -4- 1 1 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 completed within a reasonable time, and the Grantee shall upon the comple- tion of such 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 construction, maintenance or operation of said poles, towers, conduits, wires, cables or 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 distribution 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 consti- tute a breach of this franchise. Section 9. The Grantee shall install and maintain 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 maintaining 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. Section 11. The rates charged for electric energy furnish- ed hereunder shall at all times be subject to alteration, -5- 1 1 1 regulation and revision by the Public Service Commission of Geor- gia or other authority vested with such power. Section 12. Whenever in this Ordinance either the City of Tybee Island or the Grantee is named or referred to, it shall be deemed to include the respective successor, successors or assigns and /or lessees of either, and all rights, privileges and obliga- tions herein conferred shall bind and inure to the benefit of such successor, successors or assigns and /or lessees of said City of Tybee Island, or of the Grantee. Section 13. The rights and privileges herein set forth are non - exclusive, and the SAVANNAH ELECTRIC AND POWER COMPANY, its successors or assigns, shall, within 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 exist- ing rights, permits and franchises, as set forth in the preamble to this 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 supplemental thereto. t ADOPTED, this the -day ofeJf , 1982. -6- 1 1 1 Attest: (LIA -7- ouncil of the City o Tybee Island I , Rowena B. Fripp , Clerk of the Mayor and City Council of the City of Tybee Island, do hereby certify that the within and foregoing is a true and correct copy of the Ordinance duly and regularly adopted by said Mayor and Council of the City of Tybee Island on the 8thday of IIecenber, 1982, as recorded in Minute Book 30 , Page — , of the Official Records of said City. Given under my hand and the seal of my office, this 8th day of December , 1982. 1 -8-