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Tybee Island, Georgia
January 9, 1980
The regular meeting of the Tybee Island City Council was held on Wednesday,
January 9, 1980 at 3:30 p.m. at the Tybee Island City Hall. Mayor M. J. Counihan
presided and the following members of Council were present: Nick C. Alexander,
Jerome W. Bettencourt, Edward Jung and William C. Fleetwood. Karen Losey and
John J. Owen, Jr. were absent. The City Attorney, W. Lance Smith, III was present.
The first visitor to appear before Council was Ms. Jeanne Hutton who pre-
sented a petition signed by 100% of the residents of Moore Avenue, requesting
that Moore Avenue be designated a one -way street. The Mayor assured her that
this petition will be acted on during the business of the afternoon.
There were no further visitors.
Mayor Counihan opened the meeting for business legally presented.
Councilman Fleetwood moved that the minutes of the previous meeting be
adopted, Councilman Alexander seconded, and the motion was carried unanimously.
Bills for the month of December, 1979 were approved as follows: for General
Government: $5,230.50, Sewer Department: $3,292.89, Water Department: $1,430.93,
Fire Department: $304.92, Recreation: $42.01, Ceramics:$249.80, Sanitation
Department: $1,097.26, Public Works: $3,549.01, Parking Meter Department: $161.62,
and Police Department: $2,732.45. In addition other expenses in the amount of
$55.12 were approved, and Capital Outlay in the amount of $62.40.
Councilman Fleetwood then cautioned each councilmember to examine his
expenditures for the year and be prepared to make recommendations to the budget
committee for the upcoming fiscal year.
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Mayor Counihan then stated that the first item under consideration will be
the petition to make Moore Avenue one -way. He called the Council's attention to
the recommendation of the Planning Commission that the petition be granted due to
the fact that the right -of -way is only ten feet. After discussion Councilman
Fleetwood moved the petition be granted provided the City Attorney had no objection
on legal grounds and Councilman Alexander seconded the motion. The motion passed
unanimously.
Two requests for new business licenses were presented due to the fact that
these licenses would not be covered under the present ordinance. Councilman
Fleetwood moved that these applications be referred to the finance committee to
set a fee for one (involving trash and garbage collection) and that the other
petition be denied for lack of complete information as to the nature of the business
which involves plastics. Councilman Jung seconded the motion and it passed without
dissent.
Mayor Counihan then called on Councilman Alexander to explain an idea he
has for encouraging businesses to install compactors. Councilman Alexander stated
that he feels compactors would considerably reduce the amount of garbage that must
be removed from business premises, thus reducing costs. He feels that many advan-
tages would accrue: less unsightly litter, better pest control and the encouraging
of aluminum can recycling, and others. Mayor Counihan appointed Mr. Alexander as
a committee of one to approach various business people and report their reactions
back to the Council.
The following resolution was read and unanimously adopted:
WHEREAS, THE DEPARTMENT OF TRANSPORTATION WITH THE COUNTY OF CHATHAM DESIRES
TO CONSTRUCT A ROAD KNOWN AS FEDERAL AID PROJECT NO. LAU -8530 -051 IN CHATHAM COUNTY
AND WHEREAS THE PROJECT WILL EXTEND WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY,
CITY OF TYBEE ISLAND, GEORGIA.
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IT IS RESOLVED THAT WE THE MAYOR AND MEMBERS OF THE COUNCIL CHARGED WITH THE
MANAGEMENT OF THE FINANCES OF THE SAID MUNICIPALITY, AND THE LEGALLY AUTHORIZED
AGENTS OF SUCH DO HEREBY AGREE TO PROCURE FOR THE DEPARTMENT OF TRANSPORTATION IN
COOPERATION WITHTHE 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 THIS DEPARTMENT.
WE FURTHER AGREE TO PROTECT THE DEPARTMENT OF TRANSPORTATION AND THE 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.
A resolution supporting a circuit - riding code expert to aid small communities
and counties in code interpretation and enforcement was read. Councilman Fleetwood
moved that the resolution be adopted provided the City Attorney so advised and
Councilman Bettencourt seconded. The motion passed unanimously and the resolution
was adopted. A copy of the resolution is attached to, and becomes a part of, these
minutes.
The Revenue Sharing Budget for Entitlement Period XI (October 1, 1979 thru
September 30, 1980) in the total amount of *30,782.00 to be used in its entirety
for drainage improvements was introduced by Councilman Fleetwood. He moved the
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adoption of the foregoing proposed budget and Councilman Bettencourt seconded.
The budget was approved unanimously.
A proposed budget for 1980 for a Housing Inspections contract between the
City of Tybee Island and Chatham County was read. The proposal calls for inspections
of a total of sixteen (16) days at a cost to the city of $1,062.06. Councilman
Fleetwood explained the proposed contract and read the report from the County of
the previous year's work under the contract. After discussion it was unanimously
agreed by the Council to accept the contract for housing inspections for 1980.
A proposal from Jack Barfield Company for removal and repair of storm
drainage in the 17th Street, 18th Street, and public parking area was presented.
Councilman Fleetwood stated that this storm drainage improvement was designed by
Hussey, Gay & Bell, and that the engineering firm had contacted a number of com-
panies for bids on this work. He stated that the only bid Hussey, Gay & Bell had
received amounted to approximately $60,000. which the engineering firm recommended
against accepting, since they felt the figure to be too high. The proposal from
Barfield is that the city purchase the necessary concrete pipe direct from the
manufacturer at an estimated cost of $12,000.00. Barfield would then supply labor
and all other materials at a cost of $18,492.95. After discussion Councilman
Alexander moved that the contract be accepted, Councilman Jung seconded and the
vote was unanimously in favor.
Mayor Counihan then announced for the public's information that the recent
plan for North Beach parking prepared by Mr. George of Thomas & Hutton Engineering
Company is being studied by the Corps of Engineers, but that no reply has yet been
received from Colonel Creel. Councilman Alexander remarked that the situation is
still the same - the town has no beach and the Colonel has no parking. Mayor
Counihan stated that the city is now in pretty good financial shape and that he
believes we are in a position to meet the Colonel's requirements for parking.
City Attorney Lance Smith announced that the franchise agreement for cable
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television is nearing finalization. Hopefully a satisfactory conclusion can be
announced at the next regular meeting, as there has been considerable interest
shown on the part of the public.
Councilman Bettencourt announced that the public safety building is nearing
completion and expressed the hope that a grant can be found to help finance the
construction of a library and gymnasium.
There being no further business, the meeting was adjourned.
CLERK OF COU CIL
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RESOLUTION
WHEREAS, the City of Tybee Island is located in rural coastal Georgia; and
WHEREAS, the City of Tybee Island is desirous of upgrading its substandard
housing stock and of maintaining the quality of its standard housing
supply; and
WHEREAS, the City of Tybee Island is desirous of ensuring that existing non-
residential structures conform to general standards of health and
safety; and
WHEREAS, the City of Tybee Island wishes that all future residential and non-
residential structures be constructed and maintained in conformance
with State and Federal guidelines; and
WHEREAS, the City of Tybee Island recognizes the need to approach these issues
in a coordinated manner with other rural coastal counties; and
WHEREAS, the City of Tybee Island also recognizes the desirability of facilitating
access to information, activities, and experience of State and Federal
agencies involved in housing and building site development, management,
and enforcement; and
WHEREAS, the City of:T,+bee Island identifies the need for technical assistance
to effect these purposes;
NOW THEREFORE BE IT RESOLVED that the Mayor and Council support enactment by the
State of Georgia of the Circuit Riding Code Assistance Program proposed
by the State Building Administrative Board of the Georgia Department of
Community Affairs; and
BE IT FURTHER RESOLVED that a copy of this resolution be furnished to the Chairman
of the Coastal Area Planning and Development Commission.
ADOPTED IN OPEN COUNCIL THIS 9th DAY OF JANUARY, 1980.
ATTEST: l/
CLERK OF COUNCI (C2.