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HomeMy Public PortalAbout19731017CCMeeting1 Savannah Beach, Georgia October 17, 1973 The regular monthly meeting of Savannah Beach was held this afternoon at 3:00 P.M. in the council Hall with Mayor William Allen Hendrix presiding and the following councilmen present: Edward W. Towns, Walter Parker, Earl Anderson and Edward Jung. City Clark was also present. City Council room of City a quorum of Ernest Hosti, Attorney Fred VISITORS AND PETITIONERS present at the meeting were: Bart E. Shea, Mike Amos and Mr. Shelton, Mr. Jim Fabrikant, Mrs. Gaudry, Henry Glisson, Reverend Robert E. Connely, Mrs. Karen Losey, Mr. Bob Williams, Mr. Jim Bulluck, Bill Wong, Mr. Bob Long and Mr. William Fishback. Following the invocation by Rev. Connely and the tribute to the flag, the meeting was formally opened by Mayor Hendrix.. The Minutes of the meeting of September 19, 1973 were approved as written. Bills of the various departments for the month of September were approved for payment. Councilman Earl Anderson stated to council that in order for this body to function constructively and efficiently it was necessary for them to have some rules to govern their procedure. He then moved that Roberts Rules of Order be adopted as the official rules of Savannah Beach City Council and that the Mayor appoint a parliamentarian,. to see that these rules are observed. The motion was seconded by Councilman Edward Towns and unanimously carried. City Attorney Fred Clark informed council that after many meet- ings and deliberations between the Mayor and Council and representatives of the Ocean View Corporation in regard to the conveyance of certain land involved in our Erosion Control Project and the release and quit - claiming of certain city -owned land, and agreement had now been reached by all parties concerned and that these agreements had now been reduced to writing and the necessary conveyances drawn and all that was necessary now was for council to adopt the proper resolution authorizing the Mayor to sign the conveyances. He then read the two resolutions - one conveying certain property and the other receiving certain property from Ocean View Corporation. Councilman Ernest Hosti then moved that these two resolutions be adopted. This motion was seconded by Councilman Earl Anderson and carried by a vote of 5 to 0, Councilman Edward Towns abstaining. R E S O L U T I O N S -2- Councilman Parker informed council that it had been deemed necessary to adopt certain rules and regulations to control personnel policies regarding leave rules, sick leave, vacations and vacation pay, etc. Mr. Parker stated that he had this in the form that council had asked him to do it with the times, dates, etc. missing. He stated that he would be glad to read it if they felt it was necessary, although it was rather lengthy. He then read the high spots and more pertinent facts in these personnel policy rules such as holidays to be observed, amount of sick leave to be granted under certain conditions, etc., and then moved the adoption of these rules. This motion was seconded by Councilman Hosti and unanimously carried. PERSONNEL POLICIES Councilman Edward Jung, Chairman of General Government, moved the adoption of an amendment to our Business License Ordinance providing for a business license to Publish at an annual rate of $25.00 and requested unanimous consent for its adoption on first and second reading at this meeeting. The motion was seconded by Councilman Towns and unanimously adopted on first and second reading. ORDINANCE Mayor Hendrix announced that our elevated water tank was in bad need of some maintenance work and bids for the performance of this work had been received from four different companies. Present at the meeting were representatives of Utilities Service Company out of Tampa, Florida who requested permission to speak on behalf of their bid proposal. Permission was given and Mr. Shelton, a representative of this company, outlined the work they proposed to do on the tank. Councilman Hosti informed council that he had received bids from Utilities SErvice Company for $3100.00, one from Atlantic Tank & Tower for $2990.00, one from Water Tower Service Company for $2,000.00. Councilman Hosti stated that Mr. Tommy Reed, our Superintendent of Public Works, was much more familiar with this than any other person connected with the city and that Mr. Reed had talked with representatives of the various companies bidding on the job and had studied their proposals and came up with the recommendation that the bid be awarded to Atlantic Tank and Tower Company of Decatur, Georgia for the amount of $2990.00. Councilman Hosti stated that although this was not the lowest bid, the lowest bid was not always the best. He then moved that the contract for the work be awarded to Atlantic Tank and Tower Company for the sum of $2990.00 and the motion was seconded by Councilman Parker. Councilman Earl Anderson stated that when he was Chairman of the Water and Sewer Departments he had spent quite a bit of time looking into this proposed work. He stated further that we should have everything that was proposed to be done in writing. He also said that he had been through the Atlantic Tank and Tower file very thoroughly and there was nothing there to indicate that -3- this company had done a very good job the last time they serviced the tank. Mr. Hosti reiterated that it was the recommendation of Mr. Reed that the contract beawarded to Atlantic Tank & `lower. Councilman Jung stated that in the future the specs should be spelled out and all of the companies should bid on the same thing. The question was then put to a vote by Mayor Hendrix and the motion was carried by a vote of four to one, Councilmen Hosti, Parker, Towns and Jung voting for the motion and Councilman Anderson voting against the motion. Mayor Hendrix informed council that in recent months the Metropolitan Planning Commission had been performing many services for the city of Savannah Beach such as work on our Beach Erosion Project and several zoning matters and he felt we should officially request that group to be our Planner and Advisor. He then read the following resolution requesting the Metropolitan Planning Commission to act on behalf of the City of Savannah Beach in all planning, zoning and development matters. RESOLUTION Councilman Earl Anderson stated that he felt this was an excellent move and made a motion that the resolution be adopted. The motion was seconded by Councilman Hosti and unanimously carried. Councilman Hosti announced the appointment of Mr. Frank Burnsed as our Building Inspector to fill the vacancy created by the resignation of Mr. A. P. Solomon III and moved that his appoint- ment be confirmed. The motion was seconded by Councilman Anderson and unanimously carried. Councilman Anderson stated that after several meetings with Mr. Jim Bullock, President of the Savannah Beach Jaycees and his committee, an agreement had been reached on their proposal to operate the concession stand in Savannah Beach Jaycee Park and he moved that it be accepted subject to a study by our city attorney to determine any legal liability on the part of the City. This motion was seconded by Councilman Parker and unanimously carried. PROPOSAL AND AGREEMENT Mayor Hendrix stated that the next thing on the agenda was to appoint a councilman to replace Mr. Zittrauer. He stated that an agenda meeting had been held the other night and he asked if there were anyone whose name they would like to bring forth for discussion. He_said there were some names and that was it. The following were nominated to fill the vacancy: Mr. Eddie Fahey nominated by Councilman Parker Mr. Robert F. Cary nominated by Councilman Anderson 26 -4-. Mrs. Karen Losey nominated by Councilman Edw. Towns Mr.. Henry Jordan nominated by Councilman Edw. Jung Mr. William Fleetwood nominated by Councilman Hosti Mayor Hendrix stated that he would stick with Mr. Fahey. Mayor Hendrix then took each name in order and asked for a show of hands of those in favor of that person. The vote was as follows: 3 votes in favor of Mr. Fahey. (Hendrix, Hosti and Parker) 2 votes in favor of Mr. Cary (Jung and Anderson) 1 vote in favor of Mrs. Losey (Towns) Mr. Hosti also voted for Mr. Fleetwood. Councilman Towns stated that he had misunderstood and thought each had to vote for the one he nominated. Mayor Hendrix stated that he was accepting the vote as made. Mrs. Karen Losey, who was present at the meeting, stated that she wished to go on record as protesting the election. Councilman Anderson requested City Attorney Fred Clark to write the State's Attorney General request- ing a ruling on two conflicting paragraphs in our City Charter - Paragraph 13 versus 16. COMMUNICATIONS: A letter was read from Mrs. Margaret Register II complaining about dogs running loose:and being-a nuisance. A letter was read from Mr. H. L. Hauser commending Police Officer Donnie Anderson for his outstanding performance during several recent emergencies. A letter was read from the Savannah Chamber of Commerce requesting Savannah Beach participation in the Christmas Parade. Mayor Hendrix informed Council that we should send a letter to all of our legislators requesting support of the Home Builders Association in their fight to lower the required floor levels (11 or 12 feet versus 14.2 feet) in the proposed legislation regard - ing flood insurance requirements and the 100 year flood plan study. Councilman Earl Anderson moved that we go on record as supporting the Home Builders Association. The motion was seconded by Councilman Towns and unanimously carried. RESOLUTION A Resolution by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Chatham County, Georgia, in Council duly assembled, and it is hereby resolved by the authority aforesaid as follows: WHEREAS, Oceanview Corporation, a corporation existing under the laws of the State of Georgia, claims that it is the owner in fee simple of the streets, avenues, ways, places, property and parcels of land located within, Fort Screven Ward within the City of Savannah Beach, Tybee Island, Chatham County, Georgia, the same being property originally owned by Fort Screven Development Company, as shown in Subdivision Map Book "A ", Folio 94 -A, 94 -B, 94 -C, 94 -D, and 94 -E, as recorded in the Clerk's Office of the Superior Court of. Chatham County, Georgia; and WHEREAS,. the City of Savannah Beach, Tybee Island, Chatham County, Georgia, received by conveyance by Warranty Deed from Fort Screven Development Company on March 27, 1964, as recorded in Chatham County Deed Records Book 86 -G, Folio 81, property in Fort Screven Ward known as the Easternmost 107.56 x 2136.51.x 114.70 x:2114.28 feet facing on the Atlantic Ocean, in addition to a triangular portion of Blocks 4, 5 and 6 of Fort Screven Ward, the same being 626.30 x 160.50 x 518.78 feet, such conveyance then being necessary for utilization by the City for improvement of its seawall by the United States Government; and WHEREAS, there exists between the parties a conflict and a difference of opinion due to such aforesaid conveyances as to the true ownership of a portion of such property and parcels of land located within Fort Screven Ward within the City; and WHEREAS, there is some question as to the validity of the conveyance from Fort Screven Development. Company to the Mayor and Council of the. City of Savannah Beach, Tybee Island, Chatham County, Georgia under said deed recorded in Chatham County Deed Records Book 84 -G, Folio 81, and the City desires to perfect its title to a portion of said conveyance by obtaining from Oceanview Corporation a deed therefrom based upon a current survey by Thomas and Hutton Engineering Company; and WHEREAS, in addition to such deed to perfect title to aforesaid described property in. Fort Screven Ward, the City desires to receive from Oceanview Corporation all of said Corporation's right, title and interest in and to the land and property designated as Rosewood Avenue as shown and delineated on a current, revised survey by Thomas and Hutton Engineering Company; and WHEREAS, the City of Savannah Beach, Tybee Island, Chatham County, Georgia will execute contemporaneously herewith . a deed of relinquishment and quitclaim of all of its right, title and interest in and to various streets, avenues, ways, . places, property and parcels of land within said subdivision of property owned by Oceanview Corporation in Fort Screven Ward, it first having been determined by the City Council of the munici- pality that it is not necessary or convenient to retain for public use such streets., avenues, ways, places, property and parcels of land, and it would be for the best advantage and interest of the City and its inhabitants to relinquish any right or interest it may have in and to such streets, avenues, ways, places, property and parcels of land, for same is not necessary for use by the City in its Beach Erosion Control Program, and to retain any interest therein, the City would have to obligate itself to maintain, repair, pave, keep up and keep available such streets, avenues, ways, places, property and parcels of land for use by the public, when such is not required or deemed necessary; and WHEREAS, such streets, avenues, ways, places, property and parcels of land have not been open to the public for use by the public at any time during three years prior to the time of such sale or exchange, and under the authority granted to the City under the provisions of Section 65 of its Charter, such sale or exchange does not require a referendum of the citizens of the municipality, such decision being a matter for the City Council in its uncontrolled discretion; and WHEREAS, the City is receiving from Oceanview Corporation property equal to or greater in value than the property it is selling or exchanging to Oceanview Corporation; therefore, there is no necessity for monetary consideration to be paid either to or by the municipality and /or Oceanview Corporation, such transaction being one of mutual exchange and resolving of the conflict in question with respect to the true ownership of said property and parcels of land involved; and WHEREAS, the land to be acquired by the municipality from Oceanview Corporation shall be used and enjoyed by the municipality solely and exclusively as public ways, parks, recreation areas, parking areas, streets, lanes, ways and public domain, pri- marily in conjunction with the City's Beach Erosion Control Program, and not for any other use, purposes or incidents, either public or private, of any kind, nature, or description. NOW, THEREFORE, be it resolved by the Mayor and. Council of the City of Savannah Beach, Tybee Island, Chatham County, Georgia, and it is hereby resolved as follows: 1 1. The City of Savannah Beach, Tybee Island, Chatham County, Georgia, shall acquire and receive from Oceanview Corpora- tion the following described property, to wit: All that certain lot, tractor parcel of land situate, lying and being in Fort Screven Ward, City of Savannah Beach, Tybee Island, Chatham County, Georgia, and being more particularly described as follows: Commencing at a concrete monument located on the Northernmost boundary line of Oceanview Corporation property, which boundary line is the common dividing line between the property owned by Oceanview Corporation and property now or formerly owned by the United States Coast Guard, and proceeding thence South 67° 40' East a distance of 505.15 feet to a point, which said point marks the point of beginning; proceeding thence South 67° 40' East a distance of 52.85 feet to a point; proceeding thence South 12° 15' East a distance of 1,949.50 feet to a point; proceeding thence North 59° .49' West a distance of 58.46 feet to a point; proceeding thence North 12° 15' West a distance of 1,940.41 feet to the point of beginning. Said portion of property being delineated on a certain plat of survey prepared for Oceanview Corporation by Thomas and Hutton Engineering Company dated November 28, 1967, revised September 22, 1973, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat. Record Book , Folio ; and being a portion of that property conveyed to Oceanview Corporation from Fort Screven Development Company by Warranty Deed dated December 29, 1967, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia. in Plat Record Book 8,-Folio 95. 2. The City of Savannah Beach, Tybee Island, Chatham County, Georgia, shall acquire and receive from Oceanview Corpora- tion Rosewood Avenue located in Fort Screven Ward, City of Savannah Beach, Tybee Island, Chatham County, Georgia, the same being a portion of Oceanview Corporation's property, and described as follows: Rosewood Avenue as shown and delineated upon a plat of survey prepared for Oceanview Corporation by Thomas and Hutton Engineering Company dated November. 28, 1967, revised September 22, 1973, and bounded as follows: On the North by the Southern termination of Wrenwood Drive and Lots 1, 2, 3, 4 and 5 of Block 2, Fort Screven Ward; on the East by the Eastern boundary line of Oceanview Corporation's property; on the South by Ocean Parkway and Lots 20, -21, 22, 23, 24, 25 and a portion of Lot 26, Block 1, Fort Screven Ward; and on the West by the Eastern boundary line of Parcel "A" and Parcel "B" as shown by plat of survey of a portion of Lot 1, Block it and a portion of Rosewood Avenue, Fort Screven Ward, as surveyed for the City of Savannah Beach, Tybee Island, Chatham County, Georgia by Thomas and Hutton Engineering Company dated. March. 26, 1973, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat Record Book , Folio 3. The City: affirms that the lands and each :part and parcel thereof and estate and interest of the property: conveyed and received by the City in Paragraphs 1 and 2 of this Resolution, shall be used and enjoyed by the City solely and exclusively as public ways, parks, parking areas, recreational areas, streets, lanes, ways and public domain, and primarily for use by the City's Beach Erosion Control Program, and not for any other use, purpose or incident, either public or private, of-any kind, nature or description, either legal or equitable whatsoever. 4. In return for such conveyances rendered to the City by Oceanview Corporation, 'the City will, contemporaneously herewith,: hereby remise, release, and forever quit claim and convey unto Oceanview Corporation, its successors and assigns, all of the City's estate, interest, right, title, claim and demand of every nature_ whatsoever, in and to the following streets, avenues, ways, places, property and parcels of land, to wit: (a) Hosti Park Place (b) Sandalwood Avenue (c) Farrell Park Place (d) Cottonwood Avenue (e). Young Park Place (f) Redwood Avenue (g) Slotin•Park Place (h) Ashwood Avenue (i) Walsh Park Place (j) Dutton Park in Block 1 (k) Wrenwood Drive (1) Ocean Parkway as'well: as the two story block and frame= improvement located thereon. All of said streets, avenues, :ways, places, property and parcels of land being located within Fort Screven Ward in the City of Savannah Beach, Tybee Island, Chatham County, Georgia, and all appearing and being delineated upon a certain plat of survey prepared for Oceanview Corporation by Thomas and Hutton Engineering Company dated November 28, 1967 and revised September 22, 1973, and recorded in the Office of the Clerk of the Superior Court, Chatham County, Georgia, in Plat Record Book , Folio 5. Contemporaneously herewith, the City will remise, release, and forever quit claim and convey unto Oceanview Corporation,its successors and assigns, all of the City's estate, interest, right, title, claim and demand of every nature . whatsoever in and to the following described property, Fort Screven Ward, to wit: All that certain lot, tract or parcel of land situate, lying and being in the Fort Screven Ward in the City of Savannah, Beach, Tybee Island, Chatham County, Georgia and being more particularly described as follows:: Commencing at a point which marks the South- western extremity of the right of way line of Gulick Street and running thence South 58° 52' East a distance of. 314.76 feet to a point which is'the. point of beginning; thence South 13° 17' .East a distance of 62.60 feet to a point; thence South 16° 58' East a distance of 563.70 feet to a point; thence South 4 °.34' East to a point which marks the point of intersection of the aforesaid course and the Northern right of way line of Van Horn Street which said point is common to the Northern right of way line of Van Horn Street and the Southeastern corner of Lot 1, Block 1, Fort Screven Ward; thence South 51° 08' East a distance of 94.84 feet to a point;- proceeding thence North 4 °'34' West a distance of 1,949.50 feet, which course is parallel to, 29.49 feet West of and equidistant from the existing seawall; proceeding thence North 58° 52' West.a distance of 245.56 feet to the point of beginning. Said portion of property being delineated on a certain plat of survey prepared for the Mayor and Councilmen of the City of Savannah Beach by Thomas and Hutton Engineering Company dated October 26, 1964, redrawn February 25, 1972, and revised October. 3, 1973, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat Record Book Folio and being a portion of that property conveyed to Savannah 'Beach, Tybee Island from Fort Screven Development Company by Warranty Deed dated October 27, 1964, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Records Book 87-G, Folio 81. 6. The property so being conveyed and exchanged by and between the City and Oceanview Corporation being approximately equal in value, and such conveyances shall resolve a conflict with 1 1 respect to the true ownership of the various properties and parcels of land located. within Fort Screven Ward within the City of _ Savannah Beach, Tybee Island, Chatham County, Georgia, therefore, no monetary consideration shall be necessary as between the respective conveying parties hereto. 7_ The contents and provisions of this Resolution shall supersede, control and take the place of that certain Resolutin adopted by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Chatham County, Georgia on March 15, 1972 which also pertain to the same subject matter as this current Resolution. IN WITNESS WHEREOF, the foregoing Resolution is hereby adopted in open Council Meeting this / 7 day of October, 1973. (SEAL) CITY OF SAVANNAH BEACH, TYBEE ISLAND By yg Mayo Attest Clerk of Council 1 ' RESOLUTION A Resolution by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Chatham County, Georgia, in Council duly assembled, and it is hereby resolved by the authority aforesaid as follows: WHEREAS, the City of Savannah Beach, Tybee Island, Chatham County, Georgia is the owner of a parcel of land located. in Fort Screven Ward within the City, and Edward W. Towns is the owner of property within Fort Screven Ward, City of Savannah Beach, Tybee Island, Chatham County, Georgia, said properties being described as Parcel "B" and Parcel "A" respectively, in accordance with a plat of survey prepared for the City of Savannah Beach, Tybee Island, Chatham County, Georgia by Thomas and Hutton Engineering Company dated March 26, 1973; and WHEREAS, the City of Savannah Beach is currently in the process of conducting a Beach Erosion Control Program under which it is necessary that the. City provide access to the beaches in the. Fort Screven area for use by the public, and Parcel "A ", which is located at the Westernmost terminus of Rosewood Avenue, would provide a direct connecting link for ingress and egress to and from Van Horn Street and the beaches: via Rosewood Avenue across Parcel "A "; and WHEREAS -, Parcel "B" located immediately adjacent to the business being operated by Edward W. Towns known as Oceanside Nursing Home, Inc. is currently being used by the said Edward W. Towns as a parking lot for automobiles in conjunction and connection with his said business; and. WHEREAS, under the authority of Section 65 of the Charter of the. City, the City Council has the right to buy, sell and /or exchange any part of the public domain, including public streets, which are not considered necessary or convenient for public use, when such sale or exchange is deemed by the City Council, in its uncontrolled discretion, to be for the best advantage and interest of the City and its inhabitants; and WHEREAS, the City does not consider it necessary or convenient to retain for public use Parcel "B ", and it would be for the best advantage and interest of the City and its inhabitants to relinquish any right or interest it may have in and to Parcel "B ", for same is not necessary for use by the City in its Beach Erosion Control Program, since Parcel "A" is being acquired con- temporaneously herewith, and such mutual exchange of property would be mutually beneficial to both the City and to the said Edward W. Towns, for the City would then acquire and obtain direct access from Van Horn Street to the beaches for the purpose of ingress and egress and use by the public, and the said Edward W. Towns could then utilize Parcel "B" for parking and other purposes in conjunction and connection with the operation of Oceanside Nursing Home, Inc.; and WHEREAS, it would be the mutual benefit of both the City and the said Edward W. Towns to exchange said property, the same being 0.20 acres within Parcel "B" and 0.22 acres within Parcel "A ", and such conveyances being approximately equal in value there is no necessity for any monetary considera- tion to. pass as between the respective parties so conveying. NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Savannah Beach, Tybee Island, Chatham County, Georgia, and it is hereby resolved as follows: 1. The City of Savannah Beach shall convey, exchange, remise, release and forever quit claim to the said Edward W. Towns, his heirs, executors, administrators and assigns, all of its estate, interest, right, title, claim and demand of every nature whatsoever in and to the following property, to wit: All that certain lot, tract, or parcel of land designated Parcel "B ", consisting of 0.20 acres, situate, lying and being in Block 1, Fort Screven Ward, City of Savannah Beach, Tybee Island, Chatham County, Georgia, and more particularly described as follows: Commencing at a point located on the Northern boundary line of Van Horn Street at its intersection with the Southern boundary line of Lot 2, Block 11; pro- ceeding thence South 66° 04' East a distance of 55.70 feet to a point; proceeding thence South 41° 54' East a distance of 0.79 feet to a point; proceeding thence North 69° 07' East 'a distance of 193.02 feet to a point which marks the point of beginning; proceeding thence South 67° 29' East a distance of. 50.69 feet to a point; proceeding thence South .'34 °.30' West a distance of 83.17 feet to a point; proceeding thence North 55° 30' West a distance of 5.1 feet to a point; proceeding thence South 34° 30' West- a distance of 133.95 feet to a point; proceeding thence North. 35° 16' West a distance of 41.95 feet to a point; proceeding thence North. 34° 30' East a distance of 119.44 feet to a point; pro- ceeding thence North 55 °.30' West a distance of 5.11 feet to a point; proceeding thence North. 34 °.30' East a distance of 72.65 feet to the point of beginning. 2. Contemporaneously herewith, the City shall receive from the said Edward W. Towns, who shall remise, release, and forever quit claim to the 'City, its successors and assigns, all of his estate, interest, right, title, claim and demand of every nature whatsoever, in and to the following described property, to wit: All that certain lot, tract or parcel of land designated Parcel "A ", consisting of 0.22 acres, being a portion of Lot 1, Block il, Fort Screven Ward, City of Savannah-Beach, Tybee Island, Chatham County, Georgia, and more particularly described as follows: Commencing at a point located on the Northern boundary line of Van Horn Street at its intersection with the Southern boundary line of Lot 2, Block 11, which point marks the point of beginning; proceeding thence North 69° 07' East a distance. of 265.71 feet to a point located on the Western boundary line of Wrenwood Drive; proceeding thence South 21 05' East a distance of 17.25 feet to a point; proceeding thence South 34 °.30' East a distance of 40.05 feet to a point; proceeding thence South 69° 07' West a distance of 193.02 feet to a point located on the Northeastern boundary line of Van Horn Street; proceeding thence North 41° 54' West a distance of 0.79 feet to a point; proceeding thence North 660 04' West a distance of 55.70 feet to the point of beginning. 3. Such Parcels "A" and "B" are shown and delineated upon a plat of survey prepared for the City of Savannah Beach, Tybee Island, Chatham County, Georgia by. Thomas and Hutton Engineering Company dated March 26, 1973, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat Record Book , Folio . 4. The City affirms that the said Parcel "A" being hereby acquired shall be used and enjoyed by the municipality exclusively as public ways, parks, recreation areas, parking areas, streets, lanes, ways and public domain, primarily for use in conjunction with the City's Beach Erosion Control Program, and not for any other use, purpose or incidents, either public or private of any kind, nature or description, either legal or equitable whatsoever. 5. The said Parcel "A ", consisting of 0.22 acres being acquired by the City, and the said Parcel "B ", consisting of 0.20 acres being conveyed by the City to Edward W. Towns, being similar in size, and approximately equal in value, no monetary consideration is necessary or shall pass as between the conveying parties 1 involved. IN WITNESS WHEREOF, the foregoing. Resolution is hereby adopted in open Council Meeting this /7 day of October, 1973. CITY OF SAVANNAH BEACH, TYBEE ISLAND: Clerk of Council (SEAL) 1 27 Mr. Bill Wong, President of the Savannah Beach Chamber of Commerce, appeared before Council to request financial help for the Savannah Beach Chamber of Commerce in carrying out their advertising program. Mayor Hendrix requested that Finance Chairman Edw. Jung get together with the City Clerk, look closely at our finances and see what they felt we could do. There being no further business, the meeting was adjourned to the next regular or special called meeting. Clerk of Council Mayor. OQ 1 1 1 1 PERSONEL POLICIES LEAVE RULES - CITY OF SAVANNAH BEACH 1. 1. Holidays with pay: the following and other such days that the Mayor and Councilmen may from time to time designate by resolution are holidays for all employees except emergency employees: New Year's Day, National Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, one -half December 24th (when such day falls on a day other that Saturday or Sunday) and Christmas Day. 1. a. Except for the one -half holiday on the day before Christmas, the following shall apply. When a holiday falls on a Saturday, it shall be observed on Friday, preceding. When a holiday falls on a Sunday, the following Monday shall be observed. For employees on a work week other than Monday through Friday. The Mayor shall desig- nate the work day that shall be observed. b. Employees who are required to work on an observed holiday shall be granted either a work day of leave or be paid for the time worked. c. In order to receive pay for an observed holiday, an employee must not have been absent without leave either on the work day before or after the holiday. Vacation: The vacation year shall be January 1st through December 31st. Vacation leave shall be earned and accured from the date of employment at the rate hereinafter stated,but no vacation leave or pay shall be granted until an employee has one year service. Vacation leave may be accumulated to a maximum of 25 work days. Vacation leave shall be charged in increments of no smaller than one day. a. Vacation leave shall be earned and accured on the following basis: (1) Employees with one year through two years of service: Leave shall be earned and accured at the rate of 5/12 of a work day per month or five work days per year. (2) Employees with three years through fifteen years of service: Leave shall be earned and accured at the rate of 5/6 of work day per month or 10 work days per year. (3) Employees with sixteen years or more time of service: Vacation leave shall be earned at the rate of 14 work days per month or fifteen work days per year 1 1 b. Separations and reinstatements: Employees resigning voluntarily, or dismissed who have a minimum of one year service shall not be compensated for accumulated vacation leave. Accumulated vacation leave of an employee who dies in the service shall be paid in cash to the employee's insurance beneficiary designate under the City Group Insurance Plan. For vacation purposes, reemployed employees are considered new employees except in regard to lenght of service. 1. 3. Sick Leave: Employees after six months serivice are eligible for sick leave. Sick leave with pay shall be granted for the following reasons: Personal illness or physical incapacity resulting from cause beyond the employee's control; enforced quarantine of the employee in accordance with community health regulations; to keep a doctor's or dentist's appointment if appointment connot be scheduled at other than work time; illness of a member of the employee's immediate family occupying same residence, or to attend the funeral of a member of an employee's family as set forth in Funeral Leave Section. a. Amount of sick leave: Each full -time employee shall be given sick leave credits at the rate of one working day per month or 12 working days per year. b. Computing Sick leave: Absence for a fraction or part of the day that is chargeable to sick leave in accordance with these provision shall be charged proportionally in increments not smaller than 1/8 of a day. c. Extended Sick Leave: Sick leave may be extended to employees pending approval of disability retirement application or in cases of terminal illness certified as such by the employee's physician. Such extended sick leave must be approved by the Mayor and not exceed six months. d. Authorization: Sick leave with pay in excess of three consecutive working days for reasons of personal illness or physical incapacity shall be granted only after presen- tation of a written statement by a licensed physicial certifying that the employee's condition prevented him performing the duties of his position. All sick leave used shall be substantiated by written evidence signed by the employee and the employee's 1 1 immediate supervisor and by such other evidence as the department head and City Clerk may require. Falsification of such evidence shall be cause for dis- missal. 1. 4. Funeral Leave: Employee's shall be granted funeral leave (up to three days) in the event of the death of any member of their immediate family. "Immediate family" shall include the employee's spouse and children, and grandchildren, and the mother, father, brother or sister of the employee or his spouse, or any other relative who is a member of his household. 1 AN ORDINANCE AN ORDINANCE AMENDING SECTION 11 -8 OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, SO AS TO INCLUDE A LICENSE FEE FOR PUBLISHING NEWSPAPERS, MAGAZINES OR OTHER PERIODICALS ON A DAILY, WEEKLY OR MONTHLY BASIS WITHIN THE OCCUPATIONAL LICENSE AND REGULATIONS OF THE MUNICIPALITY, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE MAYOR AND COUNCILMEN in Council duly assembled and it is hereby ordained as follows: SECTION I. To amend Sec. 11 -8 N Schedule of Occupational and Business Licenses so as to add thereto a license fee for Newspaper, Magazine or other Periodical PUBLISHING, such license fee to be in the sum of $25.00, shall be inserted within said license schedule after "NEON SIGNS" and before "NOTIONS" and shall read as follows: NEWSPAPERS, MAGAZINES, PERIODICALS published Monthly $25.00 SECTION II. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. ADOPTED in open Council meeting this 17th day of OCTOBER, 1973. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA Lk.) kit LO.orr.-- Uttriry or First Reading: October 17, 1973 Second Reading: October 17, 1973 Enacted: October 17, 1973 Clerk of Council 1 1 R E S O L U T I O N WHEREAS, the City of Savannah Beach, Tybee Island, Georgia, is desirous of securing the services of the METROPOLITAN PLANNING COMMISSION of Savannah and Chatham County to be the Planner and Adviser for its Zoning and Development Program; and WHEREAS, the City of Savannah Beach, Tybee Island, Georgia, feels that through securing the services of the METROPOLITAN PLANNING COMMISSION of Savannah and Chatham County it will obtain the services of a professional group that will act in its behalf on all Planning and Advising matters dealing with the zoning and development; NOW, THEREFORE, be it resolved that the City of Savannah Beach, Tybee Island, Georgia, in Council assembled hereby authorizes its governing officials to work with and authorizes the METROPOLITAN PLANNING COMMISSION of Savannah, Chatham County, Georgia, to serve as Planner and Adviser for the Municipal Authority which act will enable the City of Savannah Beach, Tybee Island, Georgia, to secure the services of the staff of the METROPOLITAN PLANNING COMMISSION of Savannah, Chatham County, Georgia. BE IT FURTHER RESOLVED that the City of Savannah Beach, Tybee Island, Georgia, in Council assembled hereby authorizes the Mayor of said municipality to take such action as is necessary to enable the said municipality to secure the services of the METROPOLITAN PLANNING COMMISSION of Savannah, Chatham County, Georgia, to be the Planner and Adviser for the said municipality. THE WITHIN RESOLUTION is hereby adopted and approved this 17th day of October, 1973, THE CITY OF SAVANNAH BEACH CLERK OF COUNCIL 1 1 1 1 LEASE AGREEMENT STATE OF GEORGIA COUNTY OF CHATHAM BY THIS AGREEMENT made and entered into on the day of , 1973, between CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, hereinafter referred to as "Lessor" and SAVANNAH BEACH JAYCEES, hereinafter referred to as "Lessee ", Lessor leases to Lessee the premises known as the concession stand in Savannah Beach Jaycee Park, Fort Screven, Savannah Beach, Tybee Island, Georgia, together with all appurtenances ,for term to commence on the day of 1973, and to end at the expiration of the present term of office of the present Mayor and Aldermen of Savannah Beach, Tybee Island, Georgia. 1. RENT. Lessee agrees to pay, within thirty (30) days after the end of each quarter of the year, to the Lessor as rent a sum equal to ten percent (10%) of all gross receipts received by the Lessee from said operation. The first quarter shall begin with the first day of the first full month of opera- tion of the concession stand and end with the last day of the third month thereafter and shall be the same period thereafter during the term of the lease. Lessee shall submit to Lessor a true and accurate statement of Lessee's gross sales and income and all expenditures for the preceding quarter under the terms of this agreement, and concurrently therewith shall pay over to Lessor the percentage rental due to Lessor for the preceding quarter. 2. CONDITION OF PREMISES. The Lessee shall keep the premises clean, neat and orderly at all times and shall provide at its own expense complete and proper arrangements for the sanitary handling of all trash, garbage and other refuse re- sulting from its operation. The Lessee shall not do anything or permit anything to be done within its premises which may interfere with the effectiveness or accessability of the drainage and sewage system, the fire protection system and other facilities for the protection of the public. 3. REPAIRS AND UPKEEP. The Lessor agrees to keep the buildings and other improvements to be located on the demised premises in good and substantial repair and to paint and re- decorate the same from time to time as needed. Lessee shall surrender the premises at the termination of this lease in the condition it was constructed, reasonable wear and tear excepted. 1 4. INSURANCE. The Lessee will assume all risks in the operation of its business and will be solely responsible and answerable in damages for all accidents or injuries to persons and property arising out of Lessee's operations. Lessee will indemnify and hold Lessor harmless for any claims that may arise out of any actions, claims or lawsuits as a results of liability for injuries or damage to Lessee or to any guests, servants, owners or any person doing business with Lessee. In addition, if Savannah Beach incurs any legal expenses as the result of such action, the Lessee will pay reasonable costs connected with the same. 5. UTILITIES. Lessor shall be responsible for arranging for and paying for all utility services required on the premises except for the electric bill which shall be paid by Lessee. 6. BINDING EFFECT. The covenants and conditions herein contained shall apply to and bind successors and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 7. ASSIGNMENT AND SUBLETTING. Without the prior written consent of Lessor, Lessee shall not assign this lease or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assigment, subletting, concession or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession or license. An assignment,, subletting, concession or license. An assignment, subletting, concession or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. IN WHITNESS WHEREOF, the parties have executed this lease at Savannah Beach, Georgia, the day and year first above written. SAVANNAH BEACH, TYBEE ISLAND, GEORGIA By: (91./N-NANLAI Lessor SAVANNAH BEACH JAYCEES By: Signed, sealed and delivered in the presence of: Notary Public, Chatham County, Georgia Lessee