HomeMy Public PortalAbout19831214CCMeeting1
1
00052
Tybee Island, Georgia
December 14, 1983
The regular monthly meeting of the Tybee Island City Council was held
on Wednesday, December 14, 1983 at the City Hall with Mayor Charles J. Hosti
presiding. The following members of Council were present: Paul Jackson, Jeanne
Hutton, John Wylly, Chris Solomon, S. J. Orsini and David McCutchen. The City
Attorney, Thomas J. Mahoney, was also present.
The only visitor to appear before Council was an attorney, Michael
Gannem, representing Thomas and Jewell Rossiter Stanfield, who are petitioning
to acquire a small parcel of land in front of their house, located at 26 Meddin
Drive, and more particularly described as being on Lots 2,3,4 of Block 22, Fort
Ward. He stated that the city's ownership of a small triangle of land blocks
the Stanfields entrance to the public street fronting their property, and that
it blocks no other property owner but the petitioner. He stated the petitioners
willingness to have the parcel appraised or to purchase for fair market value
if the Council so desires. Mayor Hosti stated that the request will be considered
under new business, later in the meeting.
Councilman Sebastian J. Orsini welcomed Mr. Lindsay Logan, who is
an employee of the Savannah News - Press, and who is covering our City Council
meeting for the first time tonight.
Mayor Hosti then opened the meeting for business legally presented.
The first item was a Resolution, tabled for thirty (30) days at the last meeting
of Council. The Resolution, making mandatory a change in the City's Charter
so that public property could not be sold without a referendum, was read by the
City Attorney. Councilperson Solomon moved its adoption; Councilperson McCutchen
seconded.
Lengthy discussion followed. During the discussion Mayor Hosti
requested Council members to be certain that any petitions they circulate, or
endorse, in future, are known to be supported only as an individual action, and
that the public never be allowed to believe that any petition is being circulated
on behalf of the City Council prior to the Council's official action on a question.
Councilpersons' Hutton and Wylly expressed opinions that no street or beach access
should be sold without a referendum; Councilperson Hutton suggested limiting
the Resolution to include only such parcels of land, and exclude lots and other
real property.
1
1
r3
December 14, 1983
Page Two
Councilperson Solomon countered by citing as an example a property on Kingry Street
known as Rosemary Park, which had been willed to the city specifically for a
small park or playground for children, but which has since passed into private
hands. He also mentioned property given to the city by the Federal Government
with provision that it be used for recreation for at least twenty years, and
expressed his opinion that such property should remain public in perpetuity.
Councilperson Wylly stated his opinion that the Resolution, and
a subsequent Charter Change, will bind only this Council, and that a later Council
can easily reverse such action, further stating that it seems to imply lack of
trust in this Council's ability to decide the City's best interests, issue by
issue.
Mayor Hosti stated that he believed former Councilman Jerome Betten-
court, who first brought this Resolution before the Council for consideration,
had intended it to be limited to rights of way and streets, but that the Resolution
as it presently reads is much broader in scope.
A vote was then taken, as follows: in favor of the Resolution -
Councilpersons Jackson, McCutchen and Solomon; opposing - Councilpersons Hutton,
Orsini and Wylly. The tie was broken by Mayor Hosti who cast a negative vote,
thereby defeating the Resolution.
Councilperson McCutchen moved to reconsider and enter on the minutes.
After some discussion it was confirmed by the City Attorney, who serves as Parlia-
mentarian, that this action serves notice that the matter is not considered re-
solved, and that it must be brought before the group again'atithe next regular
meeting.
Mayor Hosti then welcomed the new members of Council, introducing
each, and announcing their committee assignments. He urged each committee chair-
person to hold meetings regularly, and asked that they set their goals for the
year very soon. Copies of oaths and assignments are attached to these minutes.
Minutes of the meetings of November 9th and 30th were approved upon
motion of CounciTperso.n McCutched, seconded by Councilperson Solomon and unanimously
accepted by Council.
Bills for the month of November were approved as follows: Water
Department - $2,839.45, Sewer Department - -$4,874.46, Parking Meters - $1,010.76,
Police Department - $3,805.90, Ceramics - $35.60, Parks, Buildings - $1,135.46,
Recreation - $721.63, Public Works - $6,474.97, Sanitation - $2,041.39, First
1
1
1
00054
December 14, 1983
Page Three
Responder - $1,171.79, Fire Department - $863.46, Other Expenses - i.$79.56, -
and General Government - $1k611.77 Councilperson Wylly explained that the
monthly expenses under the category of General Government actually totalled
$11,524.14, but that he is withholding payment of invoices from NCR in the
amount of $9,912.37 because of dissatisfaction with the new computer and its
installation, and hopes that holding these bills will provide incentive to
NCR to respond to our complaints. Other comments made were: Councilperson
McCutchen stated that surgical supplies for the .First Responder, ordered months
ago, have finally arrived. These costs were estimated in the original cost
of beginning operations and should not be charged against this year's budget,
since to do so would give the appearance of a line item seriously over- budget
for the fiscal year. Councilperson Solomon stated that repairs to the public
dock have been made andJthat the department's ceramics expenses should cease
after this month due to the lease of the ceramics operation.
Mayor Hosti then returned to the petition presented by Michael
Gannem for the Stanfields. He asked if any of the Council members had personally
examined the property in question and no one had. After some additional dis-
cussion Councilperson Jackson moved to postpone consideration of the matter for
30 days and Councilperson Orsini seconded. The vote was unanimously in favor
of postponement until the next regular Council meeting; Mr. Stanfield will have
the property surveyed and see that stakes are erected for the benefit of the
Council'so that they can determine the validity of the petitioner's request.
The Water /Sewer committee report, given by Councilperson Jackson,
included information that Daveco is presently at work on Lift Station #6, be-
ginning the extensive renovation authorized several months ago, and the department
is also placing water taps and sewer stubs for future use along South Campbell
Avenue so that the paving of the street will not be disturbed by cuts for at
least five years.
Councilperson Hutton reported that the contract for the Public Works
Buildings has been let to the low bidder, Dan -D, Inc., and that the company has
been given notice to proceed. Also, APAC of Georgia will pave a portion of Polk
Street for access to the new complex at a cost of $17,186.86. The Dan -D, Inc.
bid totalled $102,897.00. They are to begin work no later than December 15,
1983 and the work should be finished no later than April 13, 1984.
1
1
1
December 14, 1983
Page Four
Councilperson Wylly reported that the Shore Assistance Committee
met at Tybee Island City Hall on Tuesday, December 13, 1983. He reported also
that erosion control legislation will probably be introduced by Representative
Phillips during the upcoming session of the State Legislature, and that Governor
Harris has written a letter that is encouraging.
Councilperson Solomon reported that the Recreation Committee met
and proposed a budget for the basketball program designed to break even, and
that the rental of the gym was approved for $850.00. He said that the boat ramp
was cleared for one day and silted up again immediately - he will continue to
seek a way to make the boat ramp more serviceable.
Councilperson McCutchen stated that the Fire Committee has not yet
met, but a meeting will be, held very soon. The First Responder answered 60 calls
and a program of upgrading and certifying volunteers is planned. A class in
cold water rescue has recently been held. Mayor Hosti asked for a copy of the
list of calls made by the First Responder.
Councilperson Orsini reported that 615 calls were answered last
month. He read a letter from the owners of the Cobbs Apartments, commending
the Police Department for their work over the summer months.
Mayor Hosti then introddced the question of electing a Mayor pro
tem, calling everyone's attention to an error in the wording of the Charter Section
which deals with this election. Councilperson Jackson nominated S. J. Orsini
for Mayor pro tem, and Councilperson Wylly seconded. There were no further
nominations, so Councilperson Orsini was elected by unanimous consent.
A Resolution concerning Voter Registration was read which will re-
sult in the consolidation of the City and County Voter Registration lists. After
a short discussion, Councilperson McCutchen moved its adoption, Councilperson
Orsini seconded and the motion carried unanimously.
Mayor Hosti then introduced the subject of appointments to various
volunteer boards, stating that he had filled two vacancies on the Recreation
Board. The new appointees are Wayne Yeo and Venetia Butler. He added that Mr.
Yeo had run for City Council on a platform that dealt largely with Recreation
issues, and that he therefore felt he would be an enthusiastic worker. He said
that Venetia Butler will be the'liaison between the library and the Recreation
Board, and that both new members will serve a two year term ending December 31,
referred to in this paragraph until in such
referendum, such has been approved by a majority
vote of those voting for that purpose."
APPROVED, this
/ day of
1
1984.
00088
JOHN F. M. RANITZ, JR.
THOMAS .1. MAHONEY, JR. (GA. & S.C.)
MORTON G. FORBES
HERMANN W. COOUDGE, JR.
THOMAS H. GIGNIWAT (COUNSEL)
BOBBY PHIWPS
CLARK SMITH
1
LAW OFFICES
RANITZ, MAHONEY, FORBES & COOLIDGE, P.C.
110 EAST OGLETHORPE AVENUE
POET OFFICE 786
SAVANNAH, GEORGIA 31402
March 29, 1984
Honorable Charles J. Hosti
Mayor, City of Tybee Island
Post Office Box 128
Tybee Island, Georgia 31328
Re: Section 65, City of Tybee Island
Charter
Dear Mayor Hosti:
As you recall, Council passed a Resolution on January 11, 1984 to
change Section 65 of our Charter dealing with buying or selling public
property.
The Resolution was sent to Bobby Phillips with a request that it
be enacted as a part of local legislation.
Representative Phillips referred the same to Legislative Counsel
Harvey Findley for preparation of the appropriate language, which is
customary.
Mr. Findley advised that his research reflected the following:
The new Official Code of Georgia Annotated, Title 36, Section 37 -6
now governs the sale of municpial property. A copy of that Code Section
is enclosed for your review.
You will note that when the provision was enacted, there was a
concern about local governments which may have had Charter provisions
contrary to the new law, and Section (e)(1) was included so as to exclude
any municipal corporations which had a Charter provision existing as of
January 1, 1976, so long as that provision remained unchanged. We did
have such a provision, obviously with Section 65, although our notice
requirements are not the same; and I question whether or not we could fall
under the exclusion.
Mr. Findley advised Representative Phillips that we would either
have to elect to retain our current Charter provision or fall under the
provision of 36 -37 -6, or to amend the State taw. The Code Section cannot
DENNIS PIERCE
(1906 -1979)
TELEPHONE
9I2233-7961
TELEX
215 406
RMFC SAV
00069
1
Honorable Charles J. Hosti
Mayor, City of Tybee Island March 29, 1984
amended and could not be amended by local legislation as we requested, and
at the time of our request, there were not enough legislative days to pass
a general statute to repeal the State law.
In my opinion, since our present Charter Section 65 does not contain
any provision providing for notice to be given, then we are governed by
Official Code of Georgia Annotated 36 -37 -6, and any future sales of real
or personal property (with the exceptions noted in the Code Section) must
follow the procedure set forth in that Section, - meaning that it will have
to be done by auction or sealed bids after due notice.
I will be glad to try and explain this to the Council members if
you want me to do so.
With best wishes, I am
TJMjr /dml
Enclosure
1
Sincerely,
THOMAS J. MAHONEY, JR.
For the Firm
- 2 -
1
36 -37 -6 ACQUISITION, SALE, ETC.. OF PROPERTY
RESEARCH REFERENCES
00070
36 -37 -6
Am. Jur. 2d. — 56 Am. Jur. 2d, Munic- ALR. — Power of municipal corporation
ipal Corporations, Counties, and Other or other political body to accept and admin-
Political Subdivisions, §§ 534, 546. ister trust, 10 ALR 1368.
C.J.S. — 63 C.J.S., Municipal Corpora-
tions, § 960.
36 -37 -6. Sale of municipal property by sealed bids or auction gen-
erally; notice; public inspection of sealed bids following
opening thereof; sale of property on open market; sale of real
property located in established municipal industrial parks, •
etc.; sale of real property for museum purposes.
(a) Except as otherwise provided in this Code section, the governing
authority of any municipal corporation disposing of anyreal or personal
property.. of such municipal corporation shall make all such• sales to the
highest responsible bidder, either by sealed bids or by auction after due
notice has been given. Any such municipal corporation shall have the
right to reject any and all bids or to cancel any proposed sale. The
governing authority of the municipal corporation shall cause notice to be
published once in the official legal organ of the county in which the
municipality is located or in a newspaper of general circulation in the
community, not less than 15 days nor more than 60 days preceding the
day of the auction or, if the sale is by sealed bids, preceding the last day
for the receipt of proposals. The legal notice shall include a general
description of the property to be sold if the property is personal property
or a legal description of the property to be sold if the property is real
property. If the sale is by sealed bids, the notice shall also contain an
invitation for proposals and shall state the conditions of the proposed
sale, the address at which bid blanks and other written materials con-
nected with the proposed sale may be obtained, and the date, time, and
place for the opening of bids. If the sale is by auction, the notice shall also
contain the conditions of the proposed sale and shall state the date, time,
and place of the proposed sale. Bids received in connection with a sale by
sealed bidding shall be opened in public at the time and place stated in
the legal notice. A tabulation of all bids received shall be available for
public inspection following the opening of all bids. All such bids shall be
retained and kept available for public inspection for a period of not less
than 60 days from the date on which such bids are opened.
(b) The governing authority of any municipal corporation is autho-
rized to sell personal property belonging to the municipal corporation
which has an estimated value of $500.00 or less and lots from any munic-
ipal cemetery, regardless of value, without regard to subsection (a) of this
Code section. Such sales may be made in the open market without adver-
tisement and without the acceptance of bids. The estimation of the value
393
it(
iil
1
36 -37 -6
00071
LOCAL GOVERNMENT 36 -37 -6
of any such personal property to be sold shall be in the sole and absolute
discretion of the governing authorities of the municipal corporation or
their designated agent.
(c) Nothing in this Code section shall prevent a municipal corporation
from trading or swapping property with another property owner if such
trade or swap is deemed to be in the best interest of the municipal
corporation.
(d) The governing authority of any municipal corporation is autho-
rized to sell real property in established municipal industrial parks or in
municipally designated industrial development areas for industrial
development purposes without regard to subsection (a) or (b) of this Code
section.
(e) (1) This Code section shall not apply to any municipal corporation
which has a municipal charter provision setting forth procedures for
the sale of municipal property and existing as of January 1, 1976, so
long as such charter provision thereafter remains unchanged and 'as
long as such charter provision contains the minimum notice require-
ments as set forth in subsection (a) of this Code section.
(2) This Code section shall not apply to the disposal of property:
(A) Which is acquired by deed of gift, will, or donation and is
subject to such conditions as may be specified in the instrument
giving or donating the property;
(B) Which is received from the United States government or from
this state pursuant to a program which imposes conditions on the
disposal of such property;
(C) Which is disposed of pursuant to the powers granted in Chap-
ter 61 of this title, the "Urban Redevelopment Law," or a
homesteading program; or
(D) Which is sold or transferred to another governing authority or
government agency for public purposes.
(f) Notwithstanding any provision of this Code section or of any other
law or any ordinance to the contrary, the governing authority of any
municipal corporation is authorized to sell real property within its corpo-
rate limits for museum purposes to either a public authority or a
nonprofit corporation which is classified as a public foundation (not a
private foundation) under the United States Internal Revenue Code of
1954, for the purpose of building, erecting, and operating thereon a
museum or facility for the development or practice of the arts. Such sale
may be made in the open market or by direct negotiations without adver-
tisement and without the acceptance of bids. The estimation of the value
of any property to be sold shall be in the sole and absolute discretion of
394
36.31
the
sided
sw p1
dccU
469.
2;Co
,Crn
• oP+r
• �I
MOM
arras b
utsIcX
Cwbt.
(du
asui
Diitl
enaaf
Thew
Mt
i
cls�at�
aad.*
tiler
ha* to
is
- 9411
foam
00072
36 -37 -6 ACQUISITION, SALE, ETC., OF PROPERTY 36 -37 -6
the governing authority of the municipality or its designated agent; pro-
vided, however, that nothing shall prevent a municipality from trading or
swapping property with another property owner if such trade or swap is
deemed to be in the best interest of the municipality. (Code 1933,
§ 69 -318, enacted by Ga. L. 1976, p. 350, § 1; Ga. L. 1978, p. 890, §§ 1,
2; Ga. L. 1981, p. 831, § 1.)
Cross references. — As to discretion of position of property, see § 36 -30 -2. As to
governing body as to management and dis- acquisition of facilities, see § 36 -34 -3.
JUDICIAL DECISIONS
Property held by municipality for gov-
ernmental or public uses cannot be sold
without express legislative authority, but
must be devoted to the use and purpose for
which it was intended. Harper v. City
Council, 212 Ga. 605, 94 S.E.2d 690 (1956)
(decided under former Ga. L. 1956, p. 22
and local law).
Distinction between land held in gov-
ernmental and proprietary capacities. —
There is a dear distinction between prop-
erty purchased by a municipal corporation
and held for use by it as an entity, or in its
proprietary capacity, and property pur-
chased by the city for the public use and
benefit of its citizens. As to property
acquired for strictly corporate purposes
and held in its proprietary capacity, the
power to dispose is unquestioned, but as to
the latter, in the absence of express legisla-
tive authority, it is only where the public
use has been abandoned or the property
has become unsuitable or inadequate for
the purpose to which it was dedicated that
the city has power to dispose of such prop-
erty. Harper v. City'Council, 212 Ga. 605,
94 S.E.2d 690 (1956) (decided under
former Ga. L. 1956, p. 22 and local law).
Property held by a municipality for gov-
ernmental or public uses cannot be sold
without express legislative authority, but
must be devoted to the use and purpose for
which it was intended. The rule is
otherwise as to property held by a munic-
ipality in its proprietary or private capacity,
where not devoted to any specific public
use. Kirkland v. Johnson, 209 Ga. 824, 76
S.E.2d 396 (1953).
Though land be bought for public use, if
not actually used for such purpose it
cannot be said to be held by municipality
affected by public trust, and may be sold.
Kirkland v. Johnson, 209 Ga. 824, 76
S.E.2d 396 (1953).
Where property held by municipality
for governmental or public use is aban-
doned as to such use, the municipality
may sell it without express legislative
approval. Kirkland v. Johnson, 209 Ga.
824, 76 S.E.2d 396 (1953).
No lease of park for term of years for
private gain. — The weight of authority is
that a municipal park is a public utility, and
a portion thereof cannot be leased for a
term of years for private gain. Harper v.
City Council, 212 Ga. 605, 94 S.E.2d 690
(1956) (decided under former Ga. L. 1956,
p. 22 and local law).
RESEARCH REFERENCES
Am. Jur. 2d. — 14 Am. Jur. 2d,
Cemeteries, §§ 3, 6, 20. 56 Am. Jur. 2d,
Municipal Corporations, Counties, and
Other Political Subdivisions, §§ 549 -551,
557.
C.J.S. — 63 C.J.S., Municipal Corpora-
tions, §§ 961, 962.
ALR. — Sufficiency of compliance with
condition of sale or lease by municipality of
public utility plants, 52 ALR 1052.
Lease of property by municipality or
other political subdivision, with option to
purchase same, as evasion of constitutional
or statutory limitation of indebtedness, 71
ALR 1318; 145 ALR 1362.
395