HomeMy Public PortalAbout19830112CCMeeting71
Tybee Island, Georgia
January 12, 1983
A regular meeting of the Tybee Island City Council was held at 7:30 p.m.
on Wednesday, January 12th, 1983 at the Tybee Island City Hall. Mayor Charles J.
Hosti presided and the following members of Council were present: John Wylly, Jim
Fabrikant, Jeanne Hutton, S.J. Orsini, Kilma McCutchen and Jerome Bettencourt. The
City Attorney, Mr. Thomas J. Mahoney, Jr., also attended.
Mayor Hosti opened the meeting by asking if there were members of the
audience who wished to speak to the City Council. Mr. Randy Bragg can foward, saying
that he is representing the Jaycees who have written in advance to request a permit
for a circus to be held on March 24th. Mayor Hosti assured Mr. Bragg that the
Council will discuss this during the business portion of the meeting.
Minutes of the meeting of December 8, 1982 were approved on motion of
Councilperson Orsini, seconded by Councilperson McCutchen and unanimously passed.
Bills for the month of December, 1982 were approved as follows:
Recreation - $36.24, Ceramics - $1,304.84, Fire Department - $578.54, Water Depart-
ment - $3,375.64, Sewer Department - $7,737.24, Public Works - $7,728.58, Sani-
tation Department - $2,449.75, Police Department - $7,118.74, Parking Meters - $83.36,
General Government - $5,566.87, Other Expenses (Repair of Public Restroaris) - $110.80,
Other Electric Bills (Jaycee Park, etc.) - $391.63, and Capitol Expenditures -
$9,700.00 (a chipper bought to increase efficiency in trash pickup & disposal).
Mayor Hosti commented that we have already reduced our trips to the County Landfill
by 28 to 1. It was also noted that expenses were unusually high; this was attributed
to the fact that most of the electric bills were two -month bills.
A :letter was read from the City Attorney to FENS,, dated January 10, 1983.
A copy is attached to, and becomes a part of, these minutes.
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A letter was read from Savannah Electric & Power Company's President,
Arthur Gignilliat, dated January 10, 1983, accepting the franchise agreement signed
by the city on December 8, 1982. The letter was accepted as information, and Mayor
Hosti commented to the audience that the franchise rate has increased fram 3% in
1981 to 31 %, made retroactive to the beginning of 1982, and will became 4% for 1983.
Next a letter was read commending the Mayor for his actions in the recent
controversy concerning the widening of Johnny Mercer Boulevard. This letter was
signed by Mr. Earl Marlin, President of the Republican Club. A copy is attached to,
and becomes a part of, these minutes.
The last communication read was a letter from Mr. Al Dawley, chairman of
the Tybee Historical Event Committee. He explained that the committee is hosting
a Semiquincentenary Event on July 2nd, 3rd, and 4th, in conjunction with Georgia's
250th Anniversary. He requested that the committee be issued a temporary permit to
sell beer, asking that the permit be complimentary, stating that the money earned
would be used to help defray the expenses of advertising, entertainment, and other
miscellaneous expenses in connection with promoting the event. Councilperson
Fabrikant spoke in favor of granting the permit and moved that it be allowed. Council -
person Wily seconded; there was a lengthy discussion. It was noted that the Jaycees
have been asked to oversee fireworks for the night of the 4th, and Mr. Fabrikant
commented that he is sure the entire event will be first class. Mayor Hosti ques-
tioned whether beer could be allowed on Sunday. A vote was then called for; the
notion to approve passed by a vote of five (5) to one(1), with Councilperson Hutton
opposed.
Councilperson Fabrikant reported two requests for transfer of alcoholic
beverage licenses: Gayle H. Malphrus for Pier 15, and Evelyn L. Smith for Doc's
Bar. He stated that these had been investigated by the Police Department and
approved by the Police Committee. He then moved that the committee's recommendation
be approved by Council. Councilperson Bettencourt seconded and the vote was unanimous-
ly in favor.
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Councilperson Fabrikant also gave an excellent report on the police calls
made during the month of December, stating that the calls totalled 201. These calls
included 66 traffic violations, 29 neighborhood complaints, 17 drunk & disorderly,
4 burglary, 6 vandalism, 9 theft, 2 fights, 13 injuries or sickness, 15 burglar alarms,
4 vehicle accidents, and other complaints.
Councilperson Hutton reported that the public works department is cleaning
ditches, with some assistance from Chatham County. Grading and filling of dirt streets
is also on the schedule. All public restroom facilities are being painted. Mayor
Hosti congratulated Jeanne Hutton on the excellent leadership she is giving her department.
Councilperson Wylly reported that 150 feet of riprap has been placed along
the seawall between 17th and 18th Streets; he advised that an additional 150 feet should
be stabilized in the same manner. He added that this work has been accomplished with
$20,000.00 in Governor's Emergency Funds, and that he will try to get more money for
this purpose when in Atlanta for Mayor's Day. Another subject which will be discussed
in Atlanta is the hazards in the water along the North Beach. Mayor Hosti added that
this is a very serious matter; the beach will have to be closed if a solution is not
found.
Councilperson Wylly then reported that Mrs. Cary, the City Treasurer, is
asking that $1,808.20 earned on investments be entered as investment income in the
Revenue Sharing Fund. This would cause the Fund to be amended as follows: $55.00
Investment Expense, $20.00 Public Report Expense, and the balance, $1,733.20 to be
added to Storm Drain Expense. He then moved to adopt the Treasurer's recommendation;
Councilperson Hutton seconded, and the motion passed unanimously.
Councilperson Orsini reported that Lift Station #6 will be closed down
tonight to replace a valve stem. He added that he plans to be on hand personally
and that he has asked the Police Department to be alert in patrolling the area because
the radios are not able to contact the police station, and the operation is such that
safety precautions should be made.
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Councilperson McCutchen reported that the plans for a First Responder
Unit are proceeding well; it is hoped to arrange for a six -week course to be taught
at City Hall to qualify people, and that it is hoped a van can be purchased. Six kits
are already available free for Tybee's use and she hopes the program can be underway
by February 1st or soon thereafter.
Councilperson Bettencourt announced that the Recreation Committee has
granted Mrs. Lynn Daniel and Mrs. Hugh Harrison permission to use a public building
for exercise classes for which there is a small fee charged. He also informed the
public that the annual basketball program is underway. Mayor Hosti commented that the
city has a good recreation program.
Councilperson Wylly reported that five members of the City Council
attended Mayor's Day in Atlanta, the first time Tybee ever had so much representation.
Be added that it was a very busy weekend, and eight meetings were set up for Monday,
so that he can assure the taxpayers that it was an all -work trip, not a party, and
that he believed a great deal of good was accomplished for Tybee.
Councilperson Fabrikant introduced a new ordinance on Rules of the Road,
intended to bring the city into harmony with the new Georgia Code. The City Attorney
read the Ordinance. Councilperson Fabrikant then moved its adoption, with Councilperson
Bettencourt seconding. The motion passed unanimously and the ordinance, on its Second
Reading, became effective as of this date. A copy is attached to, and becomes a part of,
these minutes.
The Second Reading of the Water /Sewer Rate Schedule Ordinance was heard.
Councilperson Orsini moved to adopt, stating that the effective date will be March 1,
1983, or as soon thereafter as is practical due to computer programming changes. His
motion was seconded by Councilperson Fabrikant and unanimously adopted. A copy of this
IIIOrdinance is attached to, and becomes a part of, these minutes.
A Resolution honoring former First District United States Representative
Ronald "Bo" Ginn was read, and Mayor Hosti added same personal remarks expressing his
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admiration for the Congressman's public service record. Councilperson Bettencourt
then moved adoption of the Resolution and Councilperson Orsini seconded. The vote
was unanimously in favor. A copy of this Resolution is attached to, and becomes a part
of, these minutes.
A Resolution creating a Downtown Development Authority was read and
explained by the City Attorney. He told the Council that it is essentially a vehicle
to lure persons or companies to engage in major construction or renovation projects.
He added that City of Savannah has both a Downtown Development Authority and other
such vehicles. There is no cost to the City, and the Authority cannot charge the
city for anything, and all developers must still meet all criteria and comply with
all laws concerning development, as Well as Boning and building codes.
Councilperson
Wylly hived to adopt the Resolution and Councilperson Orsini seconded. During the
discussion it was decided that the boundaries would include both sides -of Highway 80
and of Butler Avenue, all property presently zoned commercial, and the marina area
on Chatham Avenue. The property included is more precisely described and delineated
in the attached section of the Resolution. The Board of Directors and the lengths of
their terms are also included in the Resolution. There being no further discussion
the motion passed unanimously and the completed Resolution is attached to, and becomes
a part of, these minutes.
City Attorney Mahoney explained that he has been contacted concerning
a possible lawsuit arising out of an automobile accident involving a city vehicle,
and that the petition seeks damages that appear to be in excess of the actual losses
or damages. He stated that he has turned the petition over to the City's insurance
carrier, and that he recommends that the City Council move to deny the petition.
Councilperson Fabrikant moved to deny, Councilperson Orsini seconded and the motion
carried unanimously.
Councilperson Hutton explained that a contract to repair a long - standing
drainage problem on Chatham Avenue, and accepting an easement across the Williams
property, will be let to the lowest bidder, Barfield Company, for a total price of
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$9,700.00.. Work will begin shortly. Mayor Hosti added that with Mrs. Williams, and
our insurance carrier bearing part of the cost, the total cost thf relocating this line
is almost the same as the repair of the line would have been. The contractor will drop
$500.00 from the above price if city vehicles can be used to rive trees, etc.
The request for a permit to hold a circus on March 24, 1983 was granted
to the Jaycees upon motion of Councilperson Hutton, seconded by Councilperson Orsini
and unanimously carried.
There being no other business, the meeting was adjourned.
CLERK OF COUN IL
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ORDINANCE NO. 1 -1983
O R D I N A N C E
AN ORDINANCE ADOPTING THE GEORGIA RULES OF THE ROAD,
CODE SECTIONS 1 - 395 OF CHAPTER 6 OF TITLE 40, TO
REGULATE TRAFFIC UPON THE PUBLIC STREETS OF THE CITY
OF TYBEE ISLAND, GEORGIA, AND REPEALING ALL OTHER
ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT
HEREWITH
BE IT ORDAINED by the Mayor and Councilpersons of the City of
Tybee Island, Georgia, duly assembled, as follows:
SECTION 1. ADOPTION BY REFERENCE.
Pursuant to Chapter 6 of Title 40, Code Sections 40 -6 -372 through
40 -6 -376, Code Sections 40 -6 -1 through 40 -6 -395 of that Chapter known as
the Uniform Rules of the Road are hereby adopted as and for the traffic
regulation of this City with like effect as if recited herein.
SECTION 2. PENALTIES.
Unless other penalty is expressly provided by law, every person
convicted of a violation of any provision of this Ordinance shall be
punished by a fine of not more than $1,000.00 or by imprisonment for not
more than 12 months, or by both such fine and imprisonment.
SECTION 3. REPEAL.
Existing Ordinances covering the same matters as embraced in
this Ordinance are hereby repealed and all Ordinances or parts of
Ordinances inconsistent with the provisions of this Ordinance are hereby
repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect from and after the i/ day
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above and foregoing Ordinance being adopted in Open Council
day o , 1983.
First Reading: December 8, 1982
Second Reading: January 12, 1983
Enacted: January 12, 1983
MAYOR, CITY OF
ISLAND, GEORGIA
CLERK, CITY OF TYBEE ISLAND, &GEORG
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76B
Ordinance No. 2 -1983
ORDINANCE
AN ORDINANCE ADOPTING PARAGRAPHS "b" and "c ", SECTION 1, CHAPTER 3, TITLE 6,
TYBEE ISLAND CODE OF ORDI1, ENTITLED "WATER AND SEWER CHARGES" AND REPEALING
ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH: SAID
ADOPTED SECTION TO READ AS FOLLOWS:
(b) The rates for all water -seer service custaners shall have a minimum base
charge and said minimum base charge shall be considered a set standard or readi-
ness to serve charge and will be charged whether the premises are occupied or not.
The standby mi.nimun base charge, both inside and outside the city limits, shall
be a total of nine dollars and sixty cents ($9.60) per month for residential cust-
aners, of which three dollars and twenty cents ($3.20) is for water service and
six dollars and forty cents ($6.40) per month is for sewer service. The standby
minimum base charge for commercial customers, both inside and outside the city
limits, shall be twelve dollars and sixty cents ($12.60) per month, of which four
dollars and twenty cents ($4.20) is for water service and eight dollars and forty
cents ($8.40) per month is for sewer service. In addition, a surcharge of $4.80
per month shall be levied for service to custaners outside the city limits. In
cases of abandoned or unoccupied houses, the readiness to serve charge will con-
tinue until the building is razed, at which time the meter will be removed and
the charge discontinued.
(c) The rate charges for water -sewer service shall be determined by the amount
of water used and these charges shall be as. follows:
Residential Commercial
water, per thousand (1,000) gallons $.30 $.30
sewer, per thousand (1,000) gallons $.50 $.50
BE IT THEREFORE ORDAINED, by Mayor and Council, in Open Council assembled,- that
Paragraphs "b" and "c", Section 1, Chapter 3, Title 6, entitled "Water and Sewer
Charges ", of the Tybee Island Code of Ordinances, Tybee Island, Georgia be adopted
hereby, and that all sections in conflict with same are hereby declared null and
void and of no effect.
by:
Attest:
First Reading: Decanber 8, 1982
Second Reading: January 12, 1983
Effective Date: /(
THE CITY OF TYBEE ISLAND, GEORGIA
CLERK
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WHEREAS, Congressman Bo Ginn has served the people of the First District of
Georgia, including Tybee Island, with devotion and zeal since 1972;
and
WAS, he has earned a national reputation for his work in environmental
affairs, especially for what he has done to preserve wilderness areas
for future generations; and
WHEREAS, the officials of the City of Tybee Island, keenly aware that our barrier
island is vulnerable to many forces detrimental to its quality of life,
have often called upon Congressman Ginn t� help us in our effort to
preserve and protect our prime natural resource, our public beaches;
and
WHEREAS, The Congressman has helped to secure funds for many important local
projects, including beach erosion control, always responding to our
needs with quick concern and effective action;
NOW THEREFORE, BE IT RESOLVED, by Mayor and Council in Open Council assembled,
that the Mayor and Council of the City of Tybee Island, Georgia, do
by this Resolution and Public Record, recognize the profound influence
for good that Congressman Ginn has excerised upon our nation, and upon
the First Congressional District of Georgia in particular, recognising
further that his retirement from Congress is a distinct loss to his
people of the First District, and to our community;
AND BE IT FUR RESOLVED that this Resolution be spread upon the pages of the
minutes of this meeting, and that a copy be presented to Congressman
Ginn at an appropriate time and place, and in an appropriate manner.
by:
Adopted this
day o
THE CITY OF TYBEE ISLAND
1983.
76D
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYBEE
ISLAND, GEORGIA, DECLARING A NEED FOR A DOWNTOWN
DEVELOPMENT AUTHORITY FOR THE CITY OF TYBEE ISLAND,
GEORGIA, AND ACTIVATING SAID DOWNTOWN DEVELOPMENT
AUTHORITY, AND FINDING, DETERMINING AND DECLARING
OTHER MATTERS PURSUANT TO DOWNTOWN DEVELOPMENT
AUTHORITIES LAW, GEORGIA LAWS 1981, PAGE 1744.
WHEREAS, the City of Tybee Island, Georgia (the "City "), is a
municipal corporation wi,thin the meaning of the Downtown Development
Authorities Law, Georgia Laws 1981, Pages 1744, et seq. (the "Act "); and
WHEREAS, the City Council is the "Governing Body" of the City of
Tybee Island, Georgia, within the meaning of the Act; and
WHEREAS, the City, acting by and through the City Council, is
authorized and empowered under and pursuant to the provisions of the Act (a)
to declare a need for a Downtown Development Authority to function in the City
of Tybee Island, Georgia, (b) to activate the Downtown Development Authority,
(c) to designate as the Downtown development area that geographical area
within the city limits which, in the judgment of the City Council, constitutes
the central business district of the City of Tybee Island, Georgia, and (d) to
appoint the initial Board of Directors of the Downtown Development Authority;
and
WHEREAS, in the judgment of the City Council of the City of Tybee
Island, Georgia, activating a Downtown Development Authority for the City of
Tybee Island, Georgia, will contribute to and further the revitalization and
redevelopment of the central business district of the City of Tybee Island,
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Georgia, and such will develop and promote the public good and general
welfare, trade, commerce, industry and employment opportunities, and promote
the general welfare of the State of Georgia by creating a climate favorable to
the location of new industry, trade and commerce and the development of
existing industry, trade and commerce within the central business district of
the City of Tybee Island, Georgia.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TYBEE ISLAND, GDORGIA.AS FOLLOWS:
Section 1. It is hereby found, determined and declared as follows:
(a) There is a need for a Downtown Development Authority,
established pursuant to the Act, to function in the
municipal corporation of the City of Tybee Island,
Georgia.
(b) The Downtown Development Authority of the City of
Tybee Island, Georgia is hereby activated.
(c) There is hereby designated as the Downtown
Development Area that geographical area within the
city limits of the City of Tybee Island, Georgia,
which is shown on Exhibit A attached hereto and
which, in the judgment of the City council of the
City of Tybee Island, Georgia, constitutes the
central business district of the City of Tybee
Island, Georgia.
(d) The following residents of the City of Tybee Island,
Georgia, are hereby appointed to serve on the Board
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of Directors of the Downtown Development Authority of
the City of Tybee Island, Georgia, for the terms
indicated:
Mr. Charles J. Hosti, Mayor Six Years
Mr. Dean Nichols Four Years
Mr. Anthony P. Simon Two Years
(e) The following named residents of the City of Tybee
Island, Georgia, each of whom has been found to have
or to represent a party having an economic interest
in the redevelopment and revitalization of the
Downtown Development Area, are hereby appointed to
serve on the Board of Directors of the Downtown
Development Authority of the City of Tybee Island,
Georgia for the terms indicated:
Mr. J. T. McCusker Two Years
Mr. Robert Duffy Six Years
Mr. Paul Jackson Six Years
Mr. John Ludlow Four Years
(f) The Downtown Development Authority of the City of
Tybee Island, Georgia, shall have all those powers
granted to Downtown Development Authorities pursuant
to the Act.
(g) This activation of the Downtown Development Authority
of the City of Tybee Island, Georgia, will contribute
to and further the revitalization and redevelopment
of the central business district of the City of Tybee
Island, Georgia, and will develop and promote the
public good and general welfare, trade, commerce,
industry and employment opportunities, and promote
the general welfare of the State of Georgia by
creating a climate favorable to the location of new
industry, trade and commerce, and the development of
existing industry, trade and commerce within the City
of Tybee Island, Georgia.
Section 2. All orders and resolutions and parts thereof in conflict
herewith are to the extent of such conflict hereby repealed, and this
resolution shall take effect and be in full force and effect from and after
its passage and approval.
Passed and approved this 12th day of January, 1983.
EXHIBIT A
The Downtown Development Area of the City of Tybee Island, Georgia,
'which area constitutes the central business district of the City of Tybee
Island, Georgia, is that area within the City Limits of the City of Tybee
Island, Georgia which is bounded on the north by the Savannah River, on the
east by the Atlantic Ocean, on the South by the Atlantic Ocean and the entrance
to Tybee Creek, and on the West by inlet Avenue, Second Avenue, Jones Avenue,
Second Avenue again, to Second Street and thence in a line parallel to First
Street until it reaches Chimney Pot Creek, from which point it follows the
landward boundary of the city limits to Lazaretto Creek. in addition to the
area delineated above, also included is an area described as follows: bounded
on the Northwest by HorsePen Creek, on the West by Tybee Creek, on the Southeast
by Seventh Avenue beginning at Chatham Avenue and running to the intersection
of Seventh Avenue with Twelfth Street, and thence in a straight line to its
point of beginning at HorsePen Creek.
The Downtown Development Area of the City of Tybee Island is more
particularly shown on the attached map which becomes a part of this record.