HomeMy Public PortalAbout19700722CCMeeting1
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Savannah Beach, Georgia
July 22, 1970
The regular meeting of City Council was called to order at 3:00
P.M. today with Mayor Michael J. Counihan presiding and the
following councilmen in attendance: John H. Daniels, Jr., Edward
Jung, Robert F. Cary, George Schwarz, James M. Stettler and
Edward W. Towns. City Attorney, Bart E. Shea, Police Chief
J. W. Price and S. R. Kent, City Marshall were also present.
Visitors at the meeting were Mrs. John R. Hunter, Mrs. Eva B.
Berry, Mrs. Rose Thompson, Mr. Jack Brady, Mr. James A. Brown
and Mr. and Mrs. H. G. Mullens.
Mr. James A. Btown appeared before Council on behalf of the
owners of the Go -Kart Track property in Fort Screven to request
permission from Council to build a family camp ground on the site
of the old Go -Kart Track. Mr. Brown stated that he had compiled
with all the requirements and had submitted an application for a
permit and requested Council to give favorable consideration to
this application. Mrs. John R. Hunter, who acted as spokesman
for a group of residents from this area in Fort Screven, stated
that before Council gave permission for this campsite that due
consideration should be given to their petition protesting same.
Mayor Counihan stated that since several petitions, some for and
some against the proposal, had been received by Council, he thought
it only fair that all these petitions be read; whereupon he
requested the Clerk to read the various petitions.
A lenthty discussion followed. Mr. Brown, in answer to a question
from Council stated that the activities of the campground would
be confined wholly within the walled area. Mrs. Hunter, Mrs.
Berry and Mrs. Rose Thompson spoke against granting permission
to convert the area to a campsite bringing out the fact that the
influx of the additional tourist would further burden our sewage
disposal. The matter was then referred to Mr. Shea for his
study and opinion.
Afthr his investigation of the zoning status of Lots 7 through
13, Block 25, and Lots 1 through 22, Block 31, which is the
area of the proposed site of the campground, Mr. Shea stated
that this area was designated on the map of Fort Screven as
Block "B" and was zoned for one family residences and apartment
buildings not exceeding two residential units each and that
drug stores were also permitted. aAn amendment to this zoning
ordinance adopted on September 13, 1949 further restricts the
area for buildings to be used for dance halls, night clubs,
theaters, package shops, roller coasters, merry -go- rounds, bath
houses or other amusement rides, shooting galleries, fraternity
houses and private, social or fraternal clubs, attorney Shea
stated.
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Mr. Shea said that the Minutes revealed that at a meeting of Council
on May 11, 1960, a motion was passed to de -zone the area in question
to permit the operation of commercial activities except alcholic
beverages but that an amendment to the ordinance would be necessary
to change the zoning and a motion would not suffice. He, therefore,
ruled that at the present time no commercial activity could be
allowed in this area, unless it was re -zoned by an amendment to the
zoning ordinance. Upon hearing the report of the findings of the
City Attorney, Councilman Schwarz moved that the application to
erect this campsite be rejected. The motion was seconded and
unanimously carried.
Mr. Jack Brady, in further support of his application to Council
for permission to build a multi -unit apartment complex on his
property in the Sixth Street area, stated that it was his plan
now to be the builder only and that he contemplated turning it
over to a non - profit or charitable organization to operate.
Bills for the various departments were approved for payment.
Mayor Counihan stated that for the benefit of Council, especially
the two new members, since our anticipated expenditures for the
remainder of the fiscal year were extremely high, he would like
for all departments to watch their finances carefully and con-
serve wherever. possible. He then asked the Clerk for a report
on these anticipated expenditures. The report, as read by the
Clerk, revealed that our expected income from all sorces for
the remainder of the year would be approximately $110,000.00;
whereas, our expected expenses totalled approximately $130,000.00.
The Mayor stated that these figures prompted him to urge all
chairmen to economize wherever possible for the remainder of
this year.
City Attorney Shea asked for the permission of Council to make
an offer of $7580.00 to the two property owners of the land we
proposeato buy for the new sewage treatment plant. He stated
that this offer was based on an average of the present assessment
plus the approved value, less the estimated cost of the access
streets. Councilman Daniels moved that Council authorize the
City Attorney to make this offer totalling $7580.00 to the two
property owners involved. The motion was seconded and unanimously
carried.
Councilman Daniels informed Council that he had received a
proposal from the Savannah - Chatham Humane Society in which
they offer to send their truck and equipment to the beach as •
often as we would like for $25.00 per trip. He then moved that,
in lieu of our present policy of paying our police officers $5.00
a piece for picking up stray dogs, that we enter into a contract
with the Humane Society and accept their proposal to take care
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of the stray dog situation. The motion was seconded and
unanimously carried.
Mayor Counihan stated that, if agreeable to Council, he would
like to request the City Attorney to draw a petition for the
next session of the General Assembly to annex all the land
comprising Tybee Island, being the same boundaries as was
proposed in the recent election. Councilman Daniels moved
that the City Attorney be instructed to prepare the necessary
Resolution, using the same boundary descriptions as was used in
the Referendum election and have it ready for presentation to
the local members of the General Assembly immediately following
the coming election. The motion was seconded and unanimously
carried.
Mayor Counihan asked for authorization from Council to set up
a committee to review all yellow lines in the City with the view
of erasing some of them. There were no objections from Council
and the Mayor appointed Councilman Jung, dhairman with Councilmen
Schwarz and Daniels to this committee.
Mayor Counihan told Council that for the past several years
since fire had destroyed most of the improvements on the property
along the Strand between 15th and 16th Street known as the Tybrisa
property, this land had become an eye sore and a sorce of numerous
complaints from visitors to the beach, our residents and business
people. He stated further that the City had been working
closely with the owners with the vehw of cleaning it up and
that some improvements had been made but still more were needed.
He also informed Council that several previous administrations
had been negotiating with Mrs. Mullens endeavoring to purchase
this valuable property in the heart of our business district,
but that the asking price of approximately $350,000.00 was pro-
hibitive. He said that now it had become almost a necessity
to acquire at least enough of the land to join our two main
parking areas in order to relieve the traffic congestion. He
further informed Council that he was now happy to announce that
an agreement had been reached with Mrs. Mullens in which all of
this property could be obtained from Tybrisa Company at a price
he felt the City could handle. He then asked City Clerk, Edward
Patterson, to outline the proposition that had been agreed to
by Mrs. Mullens.
The purchase plan, as outlined by the Clerk, was as follows:
Purchase Price $200,000.00, with $25,000 down and 20 years to
pay at simple interest of 5 %. All the members of Council were
unanimously in favor of purchasing the property on these terms
and the following Resolution was offered for adoption by Council-
man Daniels, who moved that it be adopted at this meeting. The
motion was seconded by Councilman Cary and unanimously adopted.
A RESOLUTION
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BE IT RESOLVED by the Mayor and Councilmen of the
City of Savannah Beach, Tybee Island, Georgia, in Council duly
assembled, IT IS HEREBY RESOLVED as follows:
WHEREAS, iybrisa Company has offered to sell to the
Municipality certain properties owned by it generally located
between the seawall on the East and Butler Avenue on the West,
16th Street on the South, and 15th Street on the North at
Savannah Beach, Tybee Island, Georgia; and
WHEREAS, the Municipality feels that it would be for
the best interest of all of the citizens and taxpayers of Savannah
Beach, Tybee Island, Georgia, as well as the many thousands of
visitors who annually come to Savannah Beach, Tybee Island,•Georgia,
for the Municipality to purchase said property; and
WHEREAS, Tybrisa Company and the Muncpality have orally
agreed to the terms and conditions of such purchase and desire by
this Resolution to set forth the terms and specifications to be
incorporated within a Sales Contract to be executed by the Mayor
and Councilmen of the Municipality and the corporate officer or
officers of Tybrisa Company;
NOW THEREFORE, BE IT RESOLVED, and it is hereby resolved
by the authority of same, as follows:
1. The City of Savannah Beach, Tybee Island, Georgia
through its duly elected Mayor and Councilmen shall purchase the
property owned by Tybrisa Company and generally consisting of that
property being:
Said property known as Lots 7, 8, 9, 10, 11, 12, 13, of
Beach Lot 91; Lots 14, 15, 16, 20, 21, 22, 23, 24, 25, and
26 of Beach Lot. 92; a 30 -foot roadway between beach lots,
92 and 93; Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37,
38, and 39 of Beach Lot 93; the eastern portion of Lot 17,
all of Lots 18, 19 and 20 of Beach Lot 94; a 15 -foot portion
lying north of Lot 38 and South of a portion of Lot 17,
Lots 18, 19, and 20 of Beach Lot 94; Lots 34, 35, 36, 37,
and 38 of Beach Lot 95; Lots 52„ 53, 54, and 55 of Beach
Lot 96; together with unnumbered lots being eastern
extensions lying between the eastern boundary lines of
Beach sots 91, 92, 93, 94, 95, and 96 and a point 13.7
feet west of the existing concrete seawall on the northern
portions of such property and a point 16.3 feet west of
the existing concrete seawall on the southern portions
of such property, and a point 32.7 feet west of the
existing concrete seawall of the middle 129 feet of
such property; all of which shall appear on a map of
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survey made by C. P. Kehoe, Jr., C. E. dated October 20, 1959,
and recorded in Plat Record Book , page in the Clerk's
Office of the Superior Court of Chatham County, Georgia.
2. That the provisions of such Sales Contract shall
incorporate the following:
(a) The purchase price for said property shall
be Two Hundred Thousand ($200,000.00) Dollars.
(b) The Municipality shall pay Twenty -Five
Thousand ($25,000.00) Dollars cash at time of closing, with a
balance of One Hundred Seventy -Five Thousand ($175,000.00) Dollars
to be represented by a Deed to Secure Debt and to be repaid over
a twenty (20) year period in equal annual installments of Eight
Thousand Seven Hundred Fifty ($8,750.00) Dollars each together
with simple interest at six per cent (6%) annually on the unpaid
principal balance.
(c) The Municipality shall have the right to
prepay the remaining unpaid principal balance at any time in
whole or in part, and interest shall abate pro -rata.
(d) State and County taxes and insurance shall
be pro -rated as of the date of closing. City of Savannah Beach,
Tybee Island, taxes shall be pro -rated as of May 1, 1970.
(e) Said sale shall include the improvements
knows as the "Brass Rail" and "Mary Butler's Restaurant ", but
shall not include any furniture or furnishings within Maid
buildings, but shall include any personal property on the
premises.
(f) Purchase shall be consummated within ninety
(90) days of the execution of the Sales Contract between the
parties.
(g) That the Agent for the sale and purchase of
said property shall be Edward M. Patterson, real estate broker.
3. That the City Attorney is hereby authorized to
prepare for execution by the Mayor and. Councilmen as Purchaser
and by Tybrisa Company and /or its proper corporate officers as
Sealer, a written Sales Contract and by this Resolution gives
the Mayor and Councin the power and authority to execute same
on behalf of the Municipality as a binding written Sales Contract.
BE IF FURTHER RESOLVED that the original of this
Resolution be spread upon the minutes of Council and that a copy
of same be attached to any Sales Contract entered into by the
Municipality and Tybrisa Company for the puruchase of said property.
This 29th day of July, 1970.
ATTEST:
E. M. PATTERSON
CLERK OF COUNCIL
EAL)
JOHN H. DANIELS, JR.
COUNCILMAN
ROBERT F. CARY
COUNCILMAN.
EDWARD W. TOWNS
COUNCILMAN
CITY OF SAVANNAH BEACH,
TYBEE ISLAND, GEORGIA
BY: M. J. COUNIHAN
MAYOR
EDWARD JUNG
COUNCILMAN
GEORGE SCHWARZ
COUNCILMAN
JAMES M. STETTLER
COUNCILMAN
Councilman Cary stated that with the increased pressure being put
on the City by Mr. Rock Howard and the State Water Quality Control
Board on pollution abatement, now that the new Council has been
formed, he would like to get his Water Committee together some
time in the near future with the view of formulating a recommenda-
tion to Council of a sewage charge which should be put on soon.
Councilman Ed Towns stated that several of the nuns from the Fort
Screven Convent came to see him a few days ago and were very much
disturbed due to the fact that they cannot get over the rocks near
the serwall to get on the beach. He asked that the DPW be requested
to erect some steps with a hand rail over these rocks. Mr. Towns
said he would donate the material needed. Councilman Schwarz stated
that he would contact Mr. Reed this afternoon and try to have the
steps up by the week -end.
City Attorney Shea read a letter that he had written to Thialand,
Ito. regarding the termination of the temporary lease agreement
for the campsite in which he states that due to the fact that
the Department of Interior has not agreed that said property
may be leased to Thialand, Inc. by the Cityaof Savannah Beach that
such lease is to end immediately and requested said Thialand,
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Inc. to vacate this immediately.
Attorney Shea also informed Council that he had notified Mr.
Embrey that if the necessary repairs agreed to were not performed
within 30 days, the lease would be terminated.
The study of the proposed new zoning ordinance was discussed by
Council. It was felt that since three or four meetings would
be required to complete the review of the Ordinance, we should
begineas soon as possible. It was decided to scbadule these
meetings for August 5th, 12th and 17th at 7:00 P. M.
Councilman Schwarz recommedded that a letter of thanks be written
to Col. Bill Kelly for his work with the Planning Commission
during his term of office as a member. The Clerk was instructed
to write this letter to Col. Kelly.
There being no further business, the meeting was adjourned to
the next regular or special called meeting.
CLERK OF COUNCIL
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
A RESOLUTION
BE IT RESOLVED by the Mayor and Councilmen of the
City of Savannah Beach, Tybee Island, Georgia, in Council duly
assembled, IT IS HEREBY RESOLVED as follows:
WHEREAS, Tybrisa Company has offered to sell to the
Municipality certain properties owned by it generally located
between the seawall on the East and Butler Avenue on the West,
16th Street on the South, and 15th Street on the North at
Savannah Beach, Tybee Island, Georgia; and
WHEREAS, the Municipality feels that it would be for
the best interests of all of the citizens and taxpayers of Savannah
Beach, Tybee Island, Georgia, as well as the many thousands of
visitors who annually come to Savannah Beach, Tybee Island, Georgia,
for the Municipality to purchase said property; and
WHEREAS, Tybrisa Company and the Municipality have orally
agreed to the terms and conditions of such purchase and desire
by this Resolution to set forth the terms and specifications to
be incorporated within a Sales Contract to be executed by the
Mayor and Councilmen of the Municipality and the corporate officer
or officers of Tybrisa Company;
NOW THEREFORE, BE IT RESOLVED, and it is hereby resolved
by the authority of same, as follows:
1. The City of Savannah Beach, Tybee Island,
Georgia through its duly elected Mayor and Councilmen shall
purchase the property owned by Tybrisa Company and generally
consisting of that property being:
Said property known as Lots 7, 8, 9, 10, 11,
12, 13 of Beach Lot 91; Lots 14, 15, 16, 20,
21, 22, 23, 24, 25 and 26 of Beach Lot 92; a
30 -foot roadway between beach lots 92 and 93;
Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37,
38 and 39 of Beach Lot 93; the eastern portion
of Lot 17, all of Lots 18, 19 and 20 of Beach
Lot 94; a 15 -foot portion lying north of Lot 38
and south of a portion of Lot 17, Lots 18, 19 and
20 of Beach Lot 94; Lots 34, 35, 36, 37 and 38
of Beach Lot 95; Lots 52, 53, 54 and 55 of
Beach Lot 96; together with unnumbered lots being
eastern extensions lying between the eastern
boundary lines of Beach Lots 91, 92, 93, 94, 95,
and 96 and a point 13.7 feet west of the existing
concrete seawall on the northern portions of such
property and a point 16.3 feet west of the
existing concrete seawall onthe southern portions
of such property, and a point 32.7 feet west
of the existing concrete seawall of the middle
129 feet Of such property; all of which shall
appear on a map of survey made by C.P. Kehoe, Jr.,
C.E. dated October 20, 1959, and recorded in
Plat Record Book , page in
the Clerk's Office of the Superior Court of
Chatham County, Georgia.
2. That the provisions of such Sales Contract shall
incorporate the following:
(a) The purchase price for said property shall
be Two Hundred Thousand ($200,000.00) Dollars.
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(b) The Municipality shall pay Twenty -Five Thousand
($25,000.00) Dollars cash at time of closing, with a balance of
One Hundred Seventy -Five Thousand ($175,000.00) Dollars to be
represented by a Deed to Secure Debt and to be repaid over a
twenty (20) year period in equal annual installments of Eight
Thousand Seven Hundred Fifty ($8,750.00) Dollars each together
with simple interest at six per cent (6 %) annually on the unpaid
principal balance.
(c) The Municipality shall have the right to prepay
the remaining unpaid principal balance at any time in whole or
in part, and interest shall abate pro -rata.
(d) State and County taxes and insurance shall be
pro -rated as of the date of closing. City of Savannah Beach,
Tybee Island, taxes shall be pro -rated as of May 1, 1970.
(e) Said sale shall include the - improvements known
as the "Brass Rail" and "Mary Butler's Restaurant ", but shall
not include any furniture or furnishings within said buildings,
but shall include any personal property on the premises.
(f) Purchase shall be consummated within ninety (90)
days of the execution of the Sales Contract between the parties.
(g) That the Agent for the sale and purchase of
said property shall be Edward M. Patterson, real estate broker.
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3. That the City Attorney is hereby authorized to
prepare for execution by the Mayor and Councilmen as Purchaser
and by Tybrisa Company and /or its proper corporate officers as
Seller, a written Sales Contract and by this Resolution gives
the Mayor and Councilmen the power and authority to execute same
on behalf of the Municipality as a binding written Sales Contract .
BE IT FURTHER RESOLVED that the original of this
Resolution be spread upon the minutes of Council and that a copy
of same be attached to any Sales Contract entered into by the
Municipality and Tybrisa Company for the purchase of said property.
This 29th day of July, 1970.
E ISLAND, GEORGIA
SEAL
Clerk of Council
Councilman Cou
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