HomeMy Public PortalAbout19830309CCMeeting1
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Tybee Island, Georgia
March 9, 1983
The regular monthly meeting of the Tybee Island City Council was
held on Wednesday, March 9, 1983 at 7:30 p.m. at City Hall. Mayor Charles
J. Hosti presided and the following members of the City Council were present:
Jim Fabrikant, Jeanne Hutton, John Wylly, Sebastian J. Orsini, Klima McCutchen
and Jeanne W. Bettencourt. Mr. John Ranitz acted as City Attorney in the
Absence of Mr. Thomas J. Mahoney, Jr.
Mayor Hosti welcomed an usually large audience, asking if any visitors
wished to speak. First to respond was Mr. Robert Duffy, President of the
local Chamber of Commerce. He brought an illustrated brochure advertising
Tybee Island, asking that the City underwrite the cost of $3,900.00. He spoke
briefly of the financial condition of the Chamber of Commerce, stating that
the group hopes to be self - sufficient next year, and explaining plans for
a membership drive, but asking that the city continue to support their program
at present by providing the cost of the brochures. Mayor Hosti thanked Mr.
Duffy and it was noted that this matter will be discussed again during the
business portion of the meeting.
Mr. David Steele , Tybee Cable Television, Inc., spoke next, explaining
a plan for a change in the basic service offered and an increase of $3.95
per month for basic service, with the addition of four new channels to the
service. He offered the following statistics: the company now has 643 customers;
converters have been issued to all but 154 of these customers; approximately
20 of the converters have been illegally retained by customers moving away;
the new rate will allow the company to provide converters to every customer,
thus eliminating the advantage of appropriating one illegally. Mayor Hosti
promised to consider this request during the business portion of the meeting.
The next guest was Ms. Patricia Lynes, representing the Tybee Island
Jaycee - ettes. She requested that her club be allowed to :sponsor a fishing
tournament to be held fran 9 a.m. until 6 p.m. on August 21st. This was placed
on the agenda for consideration during the business meeting.
Mrs. Mary McAfee spoke next, asking about the storm drainage in
the area of Sixth to Eighth Streets. Mayor Hosti informed her that Mr. Oscar
Fultz of Chatham County Mosquito Control Commission has looked at the problem
and will send equipment down to open up these ditches. Property owners along
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Miller Avenue will be contacted for permission to open a new drainage ditch
as well.
Mr. Joe Fobes was the next visitor. He explained that he is speaking
for Spearman's Apartments, and several other apartment owners, protesting
the recent change in water /sewer rate structure. The change, charging base
charges for each unit, is discriminatory in their opinion, since motels and
hotels do not pay such a charge per unit. Councilperson Orsini replied that
a great deal of study went into preparing the ordinance, but that he does
realize that certain inequities exist and that there is a difficulty in dis-
tinguishing between various kinds of rental property, and defining the terms
in the ordinance so that no one pays more than his fair share. He asked for
time to reconsider, inviting each person concerned to carne by and talk with
him during office hours, and promised that he will work toward a solution
that will be fair to all.
Joan Guyer of Cobbs Apartments was the next speaker, complaining
of being flooded by ocean water last week. She asked whether plans for storm
drainage are still being considered. Councilperson Hutton explained that
Phase One of the drainage project for the south end is complete; and that
additional storm drainage was planned for the area, but funds did not allow
completion last year. Councilperson Fabrikant agreed, stating that he had
hoped to be able to remedy the problem last year when he was in charge of
the storm drainage project, but that funds were nom available. Mrs. Guyer
stated that Mr. Fabrikant was very sympathetic to her problem, and thanked
him. Councilperson Hutton suggested a meeting on site, and Mrs. Guyer agreed.
There were no other visitors who wished to speak.
Minutes of the meeting of February 9, 1983 were approved upon motion
of Councilperson Fabrikant, seconded by Councilperson Orsini, and unanimously
acopted.
Bills for the month of February, 1983 were approved as follows:
for the Water Department - $2,837.83, Sewer Department - $2,229.44, Fire Department -
$1,277.91, Public Works - $2,672.05, Sanitation - $2,289.22, Police Department -
$5,979.27, Parking Meters - $46.39, Ceramics - $1,217.31, Recreation - $57.53,
General Government - $3,693.88. SEPCO Bills totalling $4,864.74 and telephone
bills totalling $1,267.38 were also approved for payment.
Councilperson Fabrikant reported that the Police Department logged
250 calls for the month of February. He also announced that auxiliary power
is now available for emergency communications.
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Councilperson Hutton announced that Mr. William Pye has been transferred
from the Water /Sewer Department to Public Works, and is the new Department
HPa9. A new dump truck has been ordered, and a dump trailer is being considered
for use in emptying trash containers along the beach. Sunkist is giving the
city 100 trash barrels as a part of their advertising campaign. This year's
attack on litter is three- pronged: stricter enforcement of ordinances, more
efficient removal of trash, and public awareness. A meeting was held on March
7th with representatives of local organizations who have been asked to sponsor
an activity directed at getting the attention of litterers. A logo has been
adopted; a banner will be placed in about a week - until then the logo is
secret. A banner was chosen because it's temporary. The sign ordinance is
currently undergoing revision and we didn't want to add another nonconforming
sign.
Mayor Hosti cammended Councilperson Hutton and Councilperson Fabrikant
added that the Police Department has been instructed to make as many littering
cases as possible to prove to the public that we are serious about our local
beach ordinances. Ordinances against drinking in public will also be strictly
enforced.
Councilperson Wylly announced that an accounting firm has been hired
to do the annual audit: Brewin, Boswell & James is the firm chosen fran five
bids for the work.
Councilperson Wylly then read a Resolution authorizing acceptance
of a $5, 000.00 Recreation Emergency Fund grant from the Department of Natural
Resources intended to help defray costs of repairing the sidewalks and railings
in the public parking lot from 16th to 18th Streets. These facilities had
been removed in,order to place riprap against the wall for stabilization of
the wall where erosion threatened to cause it to fail. Councilperson Wylly
moved adoption of the Resolution; Councilperson Bettencourt seconded and the
vote was unanimously in favor. A copy of the Resolution is attached to, and
becomes a part of, these minutes.
Councilperson Wylly then explained that our local State Representative
Bobby Phillips introduced a House Resolution ( #239) establishing a study committee
for Tybee's erosion problem. The committee will be formed of House members
and will be invited to visit Tybee for a first -hand look at our erosion problems.
He also explained that no more riprap will be placedthis year, but more will
probably be placed at the end of the season provided the proinised $20,000.00
intunds from the Governor is received.
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Mayor Hosti added that he believes the riprap saved the wall during
the northeasters this winter, and that it was done at no cost to the local
taxpayers.
Councilperson Bettencourt reported that Ceramics classes have good
attendance and receipts are good. The City Basketball League play is nearly
finished; softball will soon be starting. Eight mens teams and six women
teams are planned; a towar of 310 adults will participate in the program active-
ly as players. The league is for Tybee people primarily, and this will be
emphasized in this year's league rules.
He also noted that two slides have been purchased - one for Jaycee
Park and one for Memorial Park.
Tybee Museum has submitted an annual report which is accepted as
information.
Councilperson MCCutchen then reported that bids are being taken
for repair of walls and ceiling in the Fire Station. She then reported that
tonight will mark the finish of a 40 -hour First Responder Medical Course and
that 20 people, mostly volunteer firemen, will qualify for First Responder
duty. Before'theprogram can be set up, a van must be purchased and equipped,
and bids have been received to purchase such a vehicle for approximately $8,500.00.
She stated that other expenses, such as communications equipment, will increase
the initial cost of the program by several thousand dollars more. She then
moved that City Council approve the initial cost of the program, and Bettencourt
seconded. The vote was unanimously in favor.
There was a lengthy discussion about how to set up a system for
volunteers to answer calls - the instructors had suggested that everyone answer
at first because it would increase their experience and knowledge, but the
majority of Council seemed concerned that the person being treated might be
overwhelmed by such a response. Whether some pay for persons actually res-
ponding to a call would cause legal complications; individual liability and
liability of the city and its officials was also discussed. Mayor Hosti asked
the attorney, Mr. Ranitz, for an opinion and he stated that he believes the
service would be a municipal governmental service and governmental immunity
would apply. He also believed that no'difference- would-be encounteered if
technicians were paid.
Councilperson McCutchen also recognized Dean and Janis Nichols in
the audience and thanked than publicly for a recent donation to the Fire Department.
Mayor Hosti commended Councilperson McCutchen for her work toward establishing
the First Responder, stating that it is a service the community has long wanted.
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Councilperson Orsini reported that a recent evaluation of the Waste
Water Treatment Plant shows that an expenditure in excess of $10,000.00 is
needed for repairs and maintenance. He added that study will continue on
the rate structure so as to equalize the impact of the increases on those
apartment and roaring -house owners who are concerned about the basic charge
per unit. Mayor Hosti commended Councilperson Orsini for the tremendous job
he has done, stating that the treatment plant has been in compliance every
month in spite of the difficulties encountered while attempting to renovate
the facility.
The Chamber of Commerce's request for $3,900.00 for brochures was
next brought up, with Councilperson Orsini moving to grant the funds and Coun-
cilperson Mc:Cutchen seconding the motion. It was agreed that the brochures
are needed to promote tourism, thus bringing business to island merchants,
and the motion passed unanimously.
Councilperson Fabrikant then moved to allow the rate increase requested
by Tybee Cable TV, Inc., and Councilperson Orsini seconded. Mayor Hosti remind-
ed the Council that such action should be reviewed by the City Attorney, and
with this stipulation, the notion passed without dissenting vote.
The Jaycee - ettes' request for permission to hold a fishing tournament
on August 21st was next considered. Councilperson Orsini said that this should
bring good, legitimate business to Tybee and moved that it be allowed; Council-
person McCutchen seconded the notion and it passed unanimously.
A letter fran Governor Joe Frank Harris inviting Tybee to enter
a Community nity Betterment program was read and accepted as information.
Certification of the resolution establishing Tybee Island Downtown
Development Authority, dated February 14, 1983, and signed by Max Cleland,
Secretary of State of the State of Georgia was read into the record and becomes
a part of these minutes.
A letter dated February 17, 1983 from George B. Lewis, Manager of
Policy Regulation for the National Flood Insurance Program was read and accepted
as information. This letter explained that Tybee Island property owners who
are insured will be checked for the proper rating of their property for the
next three years to insure that each insured property owner is being rated
and charged correctly for their flood insurance.
A letter to Governor Joe Frank Harris from Mayor Hosti, dated Febru-
ary 11, 1983 was read. This letter was one of appreciation to the Governor
for his promised Emergency Fund Grant of $20,000.00.
87
A letter from Bobby R. Gillham, Special Agent of the FBI, dated
February 24, 1983, and addressed to Police Chief John J. Price, was read.
The letter carunended the police for their help in apprehending a bank robber.
He especially commended Patrolman Chuck McAuliffe and Sergeant Revin Barry.
A letter to the Elections Board of Chatham County asking the Board
to act as Superintendent in a local referendum was read. The referendum is
needed to adopt Charter Changes, including changing the date of the municipal
election to the first Tuesday in November in every odd - numbered year, beginning
in November, 1983. A copy of this letter, and of the legislation, is attached
to and becomes a part of, these minutes.
The Second Reading of an ordinance amending the City Charter was
introduced by Councilperson Fabrikant and read by Mr. Ranitz. Councilperson
Fabrikant then moved that the ordinance, mostly pertaining to the -state traffic
codes, be adopted. Councilperson Bettencourt seconded and the vote was unanimous-
ly in favor. A copy of the ordinance is attached to, and becomes a part of,
these minutes.
Councilperson Hutton introduced a Resolution aocepti; g a contract
for LARP re- paving. The contract offers re- paving for 2.20 miles of Tybee
city streets. Councilperson Hutton noted that the city had requested more
than 4 miles of re- paving, but that these 2.20 miles are being allowed under
this aontfact. We , ;wil3 continue t� seek funding for the others.0 She then
moved the Resolution be adopted; Councilperson Wylly seconded and the motion
passed unanimously. A copy of the Resolution, and a list of the included
streets, is attached to and becomes a part of, these minutes.
Mayor Hosti announced that a petition requesting annexation has
been circulated and that it is believed that 60% of the registered voters
and the owners of 60% of the property, as required by state law, have signed
this petition. The area included is contiguous to the present city limits
and extends out to a small creek west of Breezy Point, on both sides of Highway
80, and includes the area of divided highway leading into the present city
limits. Mr. Ranitz read a memorandum on the subject prepared by Mr. Mahoney
explaining that the petition should be sent to the Chatham County Board of
Registrars for verification. After verification the city must hold a Public
Hearing, no less than 15 days, nor more than 45 days from the announcement
by the City Council that the petition is valid. Mayor Hosti then requested
that the City Clerk turn over the petition to the City Attorney for forwarding
to the County Board of Registrars.
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Mayor Hosti then announced his recommendation of Mrs. Mary L. McAfee
to fill the vacancy on the Tybee Island Planning Commission. Mrs. McAfee
replaces Mr. James Lynes whose term expires on March 14, 1983. Her term begins
immediately thereafter, and will expire on March 1, 1987. This appointment
was unanimously endorsed by the City Council.
First Reading of an ordinance to repeal Section 10 -1 -35 through
10 -1 -39 of the local code of ordinances was introduced by Councilperson Hutton
who explained that this would eliminate parking decals for free parking at
metered spaces. It was explained by Councilperson Wylly that too many requests
from non- residents for decals have led to loss of revenues fran parking meters.
Other discussion highlighted that the official decals were intended to be
very limited, beginning the first year with the issuance of only 13. These
decals, used for non- residents, have grown more numerous yearly - this year
it was decided not to order any of these because the local ordinance makes
no allowance for such decals, but only for decals issued to people whose ad
valorem taxes on their automobiles are paid to Tybee Island, or to people
who wish to purchase a decal for $15.00 each.
Councilperson Hutton moved that the ordinance be repealed; Councilperson
Fabrikant seconded. During discussion it was explained that many unpaid volunteers
have been given the official parking decals as thank -yous, and that volunteer
firemen and coonunittee members, etc. are accustomed to being recognized in
this manner. It was also noted that these decals have been used for political
purposes, and that elected officials have been able to obtain as many as they
wished. Considerable and lengthy discussion followed; Mayor Hosti allowed
many members of the audience to speak. Citizens seeped unanimously agreed
that the ordinance, as written, should be followed exactly. This would allow
citizens of the town to continue to receive their decals, but would eliminate
issuing decals to anyone whose automobile is not registered with Tybee Island
as the address, unless that person is willing to pay $15.00 per decal.
The motion died for lack of support since no member of Council
wished to record a vote in favor of the repeal of the ordinance. There will
be no Second Reading.
A promise was made that a storm drainage problem on Eighteenth Street
and Chatham would be investigated at the request of Mrs. Janis Nichols.
There being no further business, the meeting adjourned.
UJEI K F C. UNC:
MAYOR
STATE OF GEORGIA )
COUNTY OF CHATHAM )
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R E S O L U T I O N
WHEREAS, at the regular meeting of the City Council of the City
of Tybee Island, Georgia, held on March 9, 1983, a motion was made and duly
seconded that the City of Tybee Island agree to the terms of the contract between
the Georgia Department of Natural Resources and the City of Tybee Island authorizing
the Mayor to execute said contract on behalf of the City and accept the grant
provided for in said contract in the amount of $5,000.00.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City
of Tybee Island, Georgia, that the terms and conditions of the contract between
the Georgia Department of Natural Resources and the City of Tybee Island are
hereby agreed to, that the Mayor is authorized and empowered to execute said
contract and any subsequent amendments thereto on behalf of the City and the
grant provided for in said contract in the amount of $5,000.00 is hereby accepted
to be used under the terms and conditions of said contract.
Read and unanimously adopted in the regular meeting of the City
of Tybee Island City Council held on March 9, 1983.
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BY:
1
CITY OF TYBEE ISLAND, GEORGIA
88A
1
ENROLLMENT
rnnt -e:+ 19
The Committee of the House on Journals has
examined the within and finds the same properly
enrolled.
Speaker of the House
Clerk House
•
President of the Senate
Received
Secretary of the Senate
ZiraiLAL
Secretary. Executive Department
This - —_ day ofa
Approved
Governor
r
This day of ll 19 g3
H. B. No. —_ Act No.
(general jAsscnthlp,
AN ACT
To amend an Act incorporating
the City of Tybee Island, so as
to change the provisions relat-
ing to the governing body of
said city; and for other pikposes.
IN HOUSE
Read 1st time a -3 .g3
Read 2nd time a .4' -23
Read 3rd time a
And
AyesIlb
NaysO
Clerk of the N uo
IN SENATE
Read Ist time .2 -8' ea
Read 2nd time 2 - /,S -93
Read 3rd time .2 . /6'83
And Passed
Ayes 0 Nays O
c '{
Reps. Phillips off of the
By. Hamilton of the 124th, Trip-
lett of the 128th, and others
88B
r
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AN ACT
To amend an Act incorporating the City of Tybee
Island, approved February 20, 1970 (Ga. L. 1970, p. 2080),
as amended, particularly by an Act approved March 4, 1977
(Ga. L. 1977, p. 2877) and by an Act approved March 17,.1978
(Ga. L. 1978, p. 4093), so as to change the provisions
relating to the governing body of laid city; to change the
provisions relating to fines authorized to be imposed by the
recorder's court; to provide for other matters relative to
the foregoing; to provide for a referendum; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the City of Tybee
Island, approved February 20, 1970 (Ga. L. 1970, p. 2080),
as amended, particularly by an Act approved March 4, 1977
(Ga. L. 1977, p. 2877) and by an Act approved March 17, 1978
(Ca. L. 1978, p. 4093), is amended by striking the word
"councilman" or "councilmen" wherever the same appear in
said Act- and inserting in lieu thereof the word
"councilperson" or "councilpersons ", respectively.
Section 2. Said Act is further amended by striking
Sections 19 and 20 in their entirety and substituting in
lieu thereof new Sections 19 and 20 to read as follows:
"Section 19. On the first Tuesday in November of
each odd - numbered year, beginning in 1983, a regular
election shall be held in the City of Tybee Island at
the city hall or at such other place or places as the
H. B. No. 395
- 1 -
city council may designate for the election of a mayor
and six councilpersons, who shall have the
qualifications specified in this charter to hold such
office. Any incumbent mayor or incumbent councilperson
who shall qualify as a candidate and meet the
qualifications to hold such office may be a candidate to
succeed himself or herself for office or for office as a
member of the city council.
Section 20. The mayor and six councilpersons who
shall be elected at the regular elections provided for
by Section 19 of this charter and who shall be qualified
at the time to assume the office to which elected shall
take office on the first Monday in December immediately
following the regular election, beginning in 1983, or as
soon thereafter as possible upon the completion of the
election and shall serve for terms of two years and
until their successors are elected and qualified. The
terms of office of the mayor and councilpersons which
would expire on June 30, 1984, under previously existing
provisions of this charter are shortened to expire on
the first Monday in December, 1983, or upon the mayor
and six councilpersons who are elected at the 1983
regular election taking the oath of office."
Section 3. Said Act is further amended by striking
subsection (c) of Section 44 in its entirety and
substituting in lieu thereof a new subsection (c) to read as
follows:
"(c) The judge or other presiding officer in the
court shall have full power and authority to sentence,
upon conviction for violation of the city ordinance.or
upon conviction of a state law where jurisdiction is
inherent, applicable or waived, any offender to labor
H. B. No. 395
- 2 -
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upon the streets or other public works in said city for
a period not exceeding 12 months or to confinement or
imprisonment in the city or county prison for a period
not exceeding 12 months or to impose a fine not
exceeding 51,000.00; and one or more of said penalties
or any part of one or all of them may be imposed in the
discretion of the presiding judge."
Section 4. Not less than ten nor more than 20:days
after the date of the approval of this Act by the Governor,
or after it otherwise becomes law, it shall be the duty of
the election superintendent of the City of Tybee Island to
issue the call for an election for the purpose of submitting
this Act to the electors of the City of Tybee Island for
a`
approval or rejection. The superintendent shall set the
date of such election for a day not less than 30 nor more
than 45 days after the date of the issuance of the call.
The superintendent shall cause the date and purpose of the
election to be published once a week for two weeks
immediately preceding the date thereof in the official organ
of Chatham County. The ballot shall have written or printed
thereon the words:
"( )
YES Shall the Act providing for election of
the mayor and councilpersons of the City
NO of Tybee Island in odd - numbered years
beginning in 1983 and shortening terms of
office in connection therewith and
changing provisions relative to penalties
for the violation of city ordinances be
approved ?"
All persons desiring to vote for approval of the
Act shall vote "Yes," and those persons desiring to vote for
rejection of the Act shall vote "No." If more than one -half
H. B. No. 395
- 3 -
1
of the votes cast on such question are for approval of the
Act, it shall become of full force and effect; otherwise it
shall be void and of no force and effect.
The expense of such election shall be borne by City
of Tybee Island. It shall be the duty of the superintendent
to hold and conduct such election. It shall be his further
duty to certify the result thereof to the Secretary of
State.
Section 5. All laws and parts of laws in conflict
with this Act are repealed.
H. B. No. 395
- 4 -
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A.. 417.13.2. 124
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, Bobby Phillips
, who, on oath, deposes and says that he
is Representative from the 125th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Georgia Gazette
which is the official organ of Chatham
County,
Ion the following dates: January 5, 12, 19, 1983
Sworn to and subscribed before
me, this
19 83
1st
day of February
_Ca{ ¶ , (.t 7 Y 2 i(Ltn
s .:e1• PHILL S
Representative, 125th District
Notary Fva:ic s /Cathy Ann Walls
0U, '.w...e . 1, I9&
(SEAL)
•
H. B. No. X95
to efiezz Waand, Yee/zeta"? VJ moo/ Jia.4 a1
�eal cit2d itestek, cesetek dzal
a copy of the resolution establishing the "DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF TYBEE ISLAND, GEORGIA" has been duly
filed with the Office of the Secretary of State on the 14th day
of February, 1983, in accordance with Title 69 -15B, Georgia Code
Annotated, as the same appears of file and record in this office.
67
IN 'TES'TIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of my office, at the Capitol, in the City of
Atlanta. this
of our Lord
Three
14th day of February in the year
One Thousand Nine Hundred and Eighty
and of the Independence of the United States
of Anterie.i the '1 wo hundred and Sven.
SECRETARY OF STATE, EX— OFFICIO CORPORATION
COMMISSIONER OF THE STATE OF GEORGIA
88C
PHYLLIS L. CARY
CITY TREASURER
ROWENA B. FRIPP
CLERK OF COUNCIL
THOMAS J. MAHONEY, JR.
CITY ATTORNEY, RECORDER
PHONE 786 -4573
MAYOR CHARLES J. HOSTI
CITY OF TYBEE ISLAND
Executive Offices — City Hall
P.O. Box 128
TYBEE ISLAND, GA. 31328
February 23, 1983
Elections Board of Chatham County
P.O. Box 10011
Savannah, GA 31412
Attention: Ms. Jean Trapani
88D
SEBASTIAN J. ORSINI.
MAYOR PRO TEM
CITY COUNCIL
JEROME W. BETTENCOURT
JAMES L FABRIKANT, JR.
JEANNE MOONEY HUTTON
KILMA J. McCUTCHEN
JOHN C. WYLLY, JR.
Dear Ms. Trapani:
The City of Tybee Island requests that the Elections Board of Chatham County
supervise a referendum for the city intended to change the date of the municipal
elections.
Tentatively, we'd like this referendum to take place concurrently with a Special
Statewide Election to be held on May 3, 1983.
We are attaching a copy of the Act recently passed by the State Legislature, and
will welcome your response to our request.
Thank you.
CC: Thomas J. Mahoney, Jr., City Attorney
1
Sincerely,
GALL
Charles J. osti
Mayor
1
Ordinance No. 3 71983
ORDINANCE
88E
AN ORDINANCE AMENDING THE MUNICIPAL CHARTER AND CERTAIN SECTIONS THEREOF, AND
REPEALING ALL OTHER ORDINANCES AND SEC;r'IONS OF THE CHARTER IN ODNFLICT HEREWITH:
Said changes to read as follows:
Section 10 of the Charter shall delete the figure $300.00 per year and substitute
in lieu thereof $600.00 per year.
Section 18 of the Charter shall delete the words "Georgia Code Annotated, Section
34A -102" and substitute in lieu thereof "Official Code of Georgia Annotated,
Section 21- 3 -14." Said Section shall also delete the words "Georgia Code
Annotated, Sections 34A -101 through 34A- 1601" and substitute in lieu thereof
"Official code of Georgia Annotated, Sections 21 -3 -1 through 21 -3- 422."
Section 26 of the Charter shall delete the words "Georgia Code, Section 34A-
506" and substitute in lieu thereof "Official Code of Georgia Annotated,
Section 21 -3- 123."
Section 32 of the Charter shall delete the words "Section 34A- 1407" and
substitute in lieu thereof "Official Code of Georgia Annotated, Section 21 -3- 407."
Section 34 of the Charter shall delete the words "Chapter 34A -13" and substitute
in lieu thereof "Official Code of Georgia Annotated, Title 21, Article 10 of
the Georgia Municipal Election Code."
Section 46 of the Charter is hereby deleted in its entirety and substituted
in lieu thereof is the following:
"SEC. 46, ADOPTION OF TRAFFIC LAWS:
In order to insure complete uniformity and to expedite
enforcement, the following portions of the Official
Code of Georgia Annotated are hereby adopted as City
Ordinances and incorporated by reference herein:
Code Sections 120 -124, both inclusive, of
Chapter 5 of Title 40
Code Sections 1 -395, both inclusive, of
Chapter 6 of Title 40
Code Sections 1 -6, both inclusive, of
Chapter 7 of Title 40
Code Sections 1 -291, both inclusive, of
Chapter 8 of Title 40 excepting Code
Sections 5, 132, 180, 181, 182, 183,
184, 185, 220, 221, 222, 223, 240,
241, 242, 243, 244, 245, 246, 247,
248, 249, 260, 261, 262, 263, 264,
280, 281, 282, 283, 284, 285, 286,
287, 288, 289, 290, and 291, provided,
however, that the words "Chief of
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Police and Members of City of Tybee Island
Police Department" shall be substituted
for the words "The Commissioner of Public
Safety and Members of the Department of
Public Safety, and such other officers
and employees of the Department as the
Commissioner may designate" in Section 200
of Chapter 5 of Title 40.
Section 47 of the Charter shall delete the words "Section 36-301 et seq."
and substitute in lieu thereof "Official Code of Georgia Annotated, Section
22 -1 -8, et seq."
Section 66 (kk) of the Charter shall delete the words "under Section 36-
202 et seq. of the Code of Georgia or other applicable public laws" and
substitute in lieu thereof the following:
"and for such other purposes, property may be
acquired by condemnation as provided for under
the Official Code of Georgia Annotated or
other applicable public laws."
BE IT THEREFORE ORDAINED, by Mayor and Council, in Open Council assembled,
that Sections 10, 18, 26, 32, 34, 46, 47 and 66(kk) of the Municipal Charter
of the City of Tybee Island, Georgia, be adopted hereby, and that all
sections in conflict with same are hereby declared null and void and of
no effect.
First Reading: February 9, 1983
Second Reading: March 9, 1983
Effective Date: March 9, 1983
THE CITY OF TYBEE ISLAND, GEORGIA
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DOT 508 -C REVISED 4 -72
RESOLUTION COVERING ACQUISITION AND CLEARANCE OF RIGHTS OF WAY WITH CONTROL OF FUTURE
ENCROACHMENTS AND REGULATION OF VEHICULAR TRAFFIC ON HIGHWAY CONSTRUCTION PROJECTS
GEORGIA, Chatham
COUNTY
WHEREAS, the Department of Transportation in cooperation with the County of
Chatham desires to construct a road between See Attached
and see Attached known as naxmemnmcc Project No. LAU- -8530- -(51)
in Chatham County.
AND, WHEREAS, the project will extend within the corporate limits of the municipality,
town, or city of Tybee Island , Georgia.
It is resolved, that we, the Mayor and Members of the Council (or other officer or
officers) charged with the management of the finances of said municipality, and the
legally authorized agents of such do hereby agree to procure for the Department of
Transportation in cooperation with the County of Chatham , in accord
with pertinent agreements and regulations, any and all rights of way that may, in the
opinion of the Department of Transportation be necessary to the proper construction and
maintenance of the above named project and according to survey and plans made by engineers
of the Department of Transportation, within the limits of said municipality.
And in consideration of the construction of said Highway within the incorporated limits
of said municipality, the City of Tybee Island , agrees to remove any
existing structures or obstructions as provided in pertinent agreements and to prevent
any future encroachments upon the right of way limits of said Highway not covered by
permits duly issued by the Department or the City; and furthermore agrees, obligates,
and binds itself in accordance with Title 68 Georgia Code that it will not pass any
laws, rules, regulations, or ordinances which will penalize, hinder or obstruct the
free movement of vehicular traffic on said Highway, including angle parking, nor erect
any traffic signals, towers, or lights on the said right of way without written consent
of the Department of Transportation.
We further agree that upon notice of award of contract on the above numbered project,
we will arrange with managers of various utility companies and municipal departments
to place underground plants in a satisfactory state of repair except where this phase
of work is covered by agreements.
The municipality further agrees to assume responsibility for and cooperate with the
Utility Owners in the moving, setting back, replacing or lowering of all consumers'
service connections including gas lines, telephone lines, electric power lines, water
mains and sanitary sewer connections to clear construction by one foot, whether such
facilities are publicly or privately owned except where this phase of the work is covered
by agreements.
It is further agreed that after construction is completed on off - system projects no new
or additional utilities facilities will be allowed to encroach on the rights of way for
this project except under permit issued by the City in accordance with the Rules and
Regulations of the Department.
We further agree to protect the Department of Transportation and said County or its agents
from any claim or damages whatsoever that might be occasioned through the fulfillment of
the foregoing conditions, and to defend all suits that may arise by virtue thereof.
This
COUNCIL:
day of
11L Ali.
I hereby ertify that I am Clerk of the city, town, or municipality, (as the case may
be) of the official acts of the authorities charged with the management of the business of
said municipality; and the within,pnd foregoing constitutes a true and orrect copy of a
resolution passed on the 9 day of ti� ,193 , and entered
on the minutes of said officers.
)NCIL:
•
This the
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LAU !:l: '[' f
PROJECT LAU- -8530- -(51) COUNTY Chatham
I, C. J. Hosti , Mayor of the city of Tybee Island
Georgia, do hercby certify that the streets or sections of streets described below
and shown. in color on the attached sketch are dedicated public streets in the City
of Tybee Island
, Georgia.
Name of. Street From — To
Eight St.
Eleventh St.
Center St.
Nineth St.
Chatham Ave.
Venetian Way
Jones Ave.
The City of Tybee Island
US-80 Fast .To Fhd
US -80 East To End
US-80 Fast To End
Jones Ave. East To US-80
15th St. North To Venetian Way
12th St. to Chatham Ave.
2nd Ave. to 17th St.
Length
0.11 Mile
0.15 Mile
0.07 Mile
0.12 Mile
0.15 Mile
0.21 Mile
1.39 Miles
2.20 Total Miles
further agrees to hold the Department of Trans --
portation of Georgia harmless from all suits or claims that may arise from the
construction or improvement of said streets.
This 9 •
day of QL,
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MAYOR
ATT.E TE6 IL 0- - i f 0 CITY CLERK
IIJOHN F. M. RANITZ, JR.
THOMAS J. MAHONEY. JR. (OA. & S.C.)
MORTON G. FORBES
HERMANN W. COOLIDGE. JR.
THOMAS H. OIONILLIAT (COUNSEL)
ROBERT PAUL PHILLIPS, 111
CLARK SMITH
LAW OFFICES
RANITZ, MAHONEY. FORBES & COOLIDGE. P.G.
110 EAST OGLETHORPE AVENUE
POST OFFICE BOX 788
SAVANNAH. GEORGIA 31402
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February 11, 1983
Honorable Charles J. Hosti
Mayor, City of Tybee Island
Post Office Box 128
Tybee Island, Georgia 31328
Re: Irene P. Williams vs.
City of Tybee Island
Dear Mayor Hosti:
Enclosed please find the original Sewerage Easement dated
January 24, 1983 between Irene P. Williams and the City of Tybee Island,
Georgia. We recorded this Easement in the Office of the Clerk of the
Superior Court of Chatham County, Georgia, on February 1, 1983 and it
was recorded on that date in Book of Deeds 119 -Z, Folio 113.
The original of this document should be kept by Ro with
the Deed Records of the City.
This ends litigation which had been going on since 1976
when Leo Beckmann wrote a letter to the then -Mayor and Council claiming
expenses and damages as a result of the City maintaining a nuisance
across the property of Mrs. Williams without an easement.
The suit which was resulted apparently grew out of a break-
down in communications where the matter could have been settled for a
small amount and litigation never resorted to. Unfortunately, once
litigation began, there was no turning back and the City was greatly
exposed due to the failure of the City in past years to respond to its
duty to maintain the line.
You are to be congratulated for your persuavive ability
to bring the sights of Mrs. Williams' attorney in line and to be able
to settle the case at a minimum expense to the City.
With the new line in place and the recorded Easement of
record, there should be no difficulty from this matter in the future.
88G
DENNIS PIERCE
(1900.1979)
TELEPHONE
912/233.7981
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Honorable Charles J. Hosti
Mayor, City of Tybee Island February 11, 1983
Also enclosed please find a copy of the Dismissal with
Prejudice and of the Release obtained in this matter.
We are enclosing our bill for services rendered on this
matter which we have billed on an hourly basis for the time spent outside
of my official duties as City Attorney and for the period July 1, 1982
through this date.
TJMj r /dml
Enclosures
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If there are any questions, please feel free to contact me.
With best wishes, I am
Respectfully,
THOMAS . MAHONEY, JR.
City Attorney
City of Tybee Island, Georgia
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PHYLLIS L. CARY MAYOR CHARLES J. HOSTI
CITY TREASURER
ROWENA B. FRIPP
CLERK OF COUNCIL
THOMAS J. MAHONEY, JR.
CITY ATTORNEY, RECORDER
PHONE 786 -4573
CITY OF TYBEE ISLAND
Executive Offices — City Hall
P.O. Box 128
TYBEE ISLAND, GA. 31328
March 7, 1983
Mr. Henry E. Smith
221 Debra Road
Savannah, Georgia 31410
Dear Sir:
Reference is made to that certain Franchise Agreement entered into on May 9, 1979
between the City of Tybee Island, Georgia, as Franchisor, and yourself, as Franchi-
see, relative to North End Beach, Fort Screven, Georgia.
As I understand the terms of the agreement, the initial term was for a five year
period commencing on May 15, 1979, with an option for renewal at the end of that
period, upon the mutual agreement of the Franchisor and the Franchisee as to
fees.
Please be advised that it is the position of the Mayor and Councilpersons of
the City of Tybee Island, Georgia, that the contract which was entered into by
a previous administration is not binding on the present administration.
Please also be advised that it is the intent of the present administration not
to renew the agreement in 1984. The proposed development of the North End Beach
has not progressed and is not now the plan of the City of Tybee Island, as it
was at the time of the agreement you signed.
This notification is given to you in order that you can make arrangements to
vacate the premises at a time prior to the expiration of the agreement in 1984.
Sincerely,
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SEBASTIAN J. ORSINI,
MAYOR PRO TEM
CITY COUNCIL
JEROME W. BETTENCOURT
JAMES L. FABRIKANT, JR.
JEANNE MOONEY HUTTON
KILMA J. MCCUTCHEN
JOHN C. WYLLY, JR.
Re: Franchise Agreement
May 9, 1979
e/aAA"
Charles J. osti
Mayor
CITY OF TYBEE ISLAND, GEORGIA