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Tybee Island, Georgia
February 6, 1980
The regular meeting of the Tybee Island City Council convened at
3:30 p.m. on Wednesday, February 6, 1980 at the City Hall. Mayor M. J. Counihan
presided and the following members of Council were present: Nick Alexander,
Jerome Bettencourt, Edward Jung, Jack Owen and William C. Fleetwood. Karen
Losey was absent due to personal illness. W. Lance Smith, III, City Attorney,
was also present.
The first guest to appear was Charles Worden, Treasurer for the Tybee
Museum Association who presented Council with the museum's annual report. He
commented that visitation was down 18% in 1979 and a further 10% drop is expected
for this year. He attributed this to gasoline conservation and stated that Fort
Pulaski is experiencing the same decline in paid visitors. He further stated
that the museum has this year purchased the North gun collection and has added
a periscope and a telescope which have been much appreciated by visitors.
Mayor Counihan then asked Mr. Tom Bradley, President of the Tybee Museum
Association to join with Mr. Worden in accepting the original of a map of the
Historic Fort Screven area. This map is presented to the museum by the City of
Tybee Island as a token of the appreciation felt by the city for the fine work
that is being done by the volunteers who form the Tybee Museum Association.
Mayor Counihan then called on Ms. Irma Harlan, CEL Library Director,
who presented the annual report of the Tybee Island Branch Library. Ms. Harlan
stated that the library has experienced another year of dramatic growth - circulation
is now more than 13,000 volumes which is an increase of 1,400 over last year. She
stated that the library is offering increased service to the community by making
available special requests and that there have been more than 3,200 such special
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requests filled this year. Through this service the small branch library is able
to offer greatly expanded benefits to students and others who have special needs.
Ms. Harlan then complimented the city on the cooperation the CEL Library has re-
ceived from city officials in such matters as minor repairs, etc. She stated
that the library would like the city to provide the following benefits for the
next fiscal year: (1) increased hours from 15 hours per week to 19 hours per week -
this would mean that the library would be open on Wednesday mornings, which would
allow the librarian more time for certain record keeping tasks which are hard to
complete during the busier afternoon hours; (2) an additional line into City Hall
so that the library would not so often tie up lines needed by other personnel;
and (3) the services of a library aide year- round, with increased hours for the
aide during the busier summer season.
Mr. Bettencourt asked Ms. Harlan if she could use her influence to see
if the librarian's salary could be paid by the county in the future. Ms. Harlan
stated that she has recommended this in the past several budgets, but believes that
it will not be accomplished this year. She stated that the final budget has not
been adopted but that it is her understanding that the County Commissioners have
made no provision for salaries for branch libraries for the up- coming year. She
will continue to recommend this action, however.
The next visitor was Mr. Antony Simon, President of the Tybee Island
Chamber of Commerce. He informed Council that tourism industry is being endangered
by the gasoline shortages and high costs. He stated that the Chamber's membership
is not large and that a minimum of $12,000. is needed for advertising, etc. if the
island is to compete for the available tourist business. He expressed the feeling
that the City, as well as the merchants, must work toward attracting tourists if
the income both receive from this source is to be safeguarded. He asks that the
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City provide half of the required monies, i.e., $6,000., which he stated would
be approximately 15¢ of each $1.00 the City currently receives in hotel /motel
taxes. He stated that the Chamber would welcome this amount from the City in
whatever way the City felt best - $500. per month, or semi - annually. Mayor
Counihan replied that this request will be considered during the preparation of
the budget for fiscal year 1980.
Mayor Counihan then opened the meeting for business legally presented.
The minutes of the meetings of January 9 and January 30, 1980 were
approved as written.
Bills for the month of January, 1980 were approved as follows: General
Government - $1,922.48, Parking Meter Department - $288.81, Police Department -
$1,539.75, Sanitation - $3,081.92, Public Works - $3,324.36, Fire Department -
$231.15, Water Department - $2,618.84, Sewer Department - $2,641.27, Recreation
Department - $217.84, and Ceramics - $170.96. In addition capital outlay expenses
in the amount of $2,462.00 and Other expenses in the amount of $55.12 were also
approved for payment.
Under communications, the Clerk read a letter of January 25, 1980 to
Mayor Counihan from Congressman Bo Ginn which stated that the Congressman will
ask for a meeting of all concerned agencies to try to reconcile the differences
which are delaying beach renourishment. The letter was accepted as information.
The following Resolution for a Quit Claim deed was read:
WHEREAS, THE CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA IS A MUNICIPAL
CORPORATION CHARTERED UNDER THE LAWS OF THE STATE OF GEORGIA, AND UNDER ITS CHARTER
ACTS THROUGH ITS MAYOR AND COUNCIL; AND WHEREAS, THE CITY OF TYBEE ISLAND, GEORGIA,
HAS COMPLETED AN EXTENSIVE RESTORATION AND REPLACEMENT OF ITS SANITARY SEWER SYSTEM
FOR THE BENEFIT OF ITS RESIDENTS AND VISITORS, AND WHEREAS, IN ORDER TO COMPLETE
THE REQUIREMENTS OF THE PROJECT, IT IS NECESSARY THAT THE CITY OF TYBEE ISLAND,
GEORGIA ACQUIRE CERTAIN LANDS THAT ARE OWNED BY H.M. DUNN, JR., J. LAURENCE DUNN,
AND AUDREY DUNN RHANGOS, AND WHEREAS, THE SAID H.M. DUNN, JR., J. LAURENCE DUNN,
AND AUDREY DUNN GHANGOS HAVE AGREED TO CONVEY THE LANDS TO THE CITY OF TYBEE ISLAND
GEORGIA, IN EXCHANGE FOR CERTAIN LANDS PRESENTLY OWNED OR CLAIMED BY THE CITY OF
TYBEE ISLAND, GEORGIA. NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF TYBEE ISLAND,
GEORGIA CITY COUNCIL DULY ASSEMBLED AUTHORIZED THE MAYOR OF THE CITY OF TYBEE ISLAND
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GEORGIA, TO ACCEPT CONVEYANCE OF AND /OR TO EXECUTE ANY AND ALL QUIT CLAIM DEEDS
TO THE FOLLOWING PROPERTY: ALL THAT CERTAIN .6 ACRE LOT, TRACT OR PARCEL OF LAND
SITUATE, LYING AND BEING IN THE CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA, IN
BAY WARD AND BEING DESIGNATED ON A PLAT ON THE EASTERN 50' OF BLOCK NO. 6 AND THE
WESTERN 50' OF BLOCK NO. 3, BAY WARD, CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA,
BY THOMAS & HUTTON ENGINEERING COMPANY DATED DECEMBER 17, 1979 RECORDED IN THE,/ S(_
RECORD OF THE SUPERIOR COURT FOR CHATHAM COUNTY, GEORGIA IN PLAT RECORD BOOK —
FOLIO g , AS LOT NO. 1, BLOCK NO 3, BAY WARD, BEING THE WESTERN 50' OF SAID
BLOCK 3, BAY WARD, CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA. NOW THEREFORE
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DULY ASSEMBLED AUTHORIZED THE MAYOR
OF THE CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA, TO ACCEPT IN EXCHANGE FOR THE
ABOVE DESCRIBED CONVEYANCE THE FOLLOWING DESCRIBED LAND: ALL THAT CERTAIN .75 ACRE
LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF TYBEE ISLAND,
GEORGIA, AND SHOWN ON A PLAT OF THE EASTERN 50' OF BLOCK NO. 6 AND THE WESTERN
50' OF BLOCK NO. 3, BAY WARD, CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA, BY
THOMAS & HUTTON ENGINEERING COMPANY DATED DECEMBER 17, 1979 RECORDED IN THE RECORDS
OF CHATHAM COUNTY, GEORGIA CLERK OF SUPERIOR COURT IN PLAT RECORD BOOK
FOLIO , AS LOT NO. 2. THE PROPERTY HEREIN DESCRIBED IS ALSO KNOWN AS THE
EASTERN ONE -HALF OF LOT 9 -A, BLOCK 6, BAY WARD, AND A 20' RESERVED AREA EAST OF
SAID LOT 9 -A, BLOCK 6, BAY WARD.
After the resolution was read the City Attorney explained that the
problem is that the City's sewer treatment plant was situated so as to encroach
on property belonging to the Dunn's and that the suggested exchange of lots was
intended to alleviate the situation. Councilman Fleetwood then moved the adoption
of the resolution and Councilman Owen seconded. Under discussion Councilman
Alexander asked if the Dunns had offered a sum of money in addition to the suggested
land swap. Mayor Counihan stated that the lots are comparative in size, and that
no financial payment on either side had been suggested. Councilman Bettencourt
stated that this error was made through no fault of the city, and that in his
opinion the lots are not comparative in value. A vote was then taken and the
resolution was adopted by a vote of 3 -2, with Mr. Alexander and Mr. Bettencourt
opposed.
Mayor Counihan then appointed Judge Robert Cook to be Elections
Superintendent for the municipal election which is scheduled for May 5, 1980.
The Second Reading of the Adopting Ordinance for the new code book was
introduced by Councilman Fleetwood who read the editorial memorandum to the public.
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Following the reading, Mayor Counihan called for comments or statements from
the audience. There were none. Councilman Fleetwood then moved the adoption
of the ordinance; Councilman Owen seconded; vote was unanimously in favor. The
ordinance is in effect as of this date and a copy is attached to, and becomes a
part of these minutes. (Attachment A)
A franchise agreement between the City of Tybee Island and Cable T.V.,
Inc. was read and explained by the City Attorney. Provisions contained in the
agreement were discussed, and the franchise agreement, incorporating minor changes
suggested by members of Council, was accepted unanimously and the Mayor was auth-
orized to execute the agreement on behalf of the City of Tybee Island. Mayor
Counihan then allowed public comments and the following people spoke: (1) Ms. Ann
B. Lefcourt stated that she believed the rates suggested might be too high; she
impressed on the city officials that their obligation is to provide services as
cheaply as possible for the citizens; and (2) Mr. Sebastian Orsini stated that he
is a new resident, coming from an area which has had cable television for many years;
he further stated that the rates eight years ago were similar to the suggested rates
for service in the agreement; he feels that the suggested rates are entirely reason-
able and hopes that the service will soon be made available here.
There being no further business, the meeting was adjourned.
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Ordinance No. 1 -1980
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, ADOPTING AND
ENACTING A NEW CODE FOR TYBEE ISLAND, GEORGIA; ESTABLISHING THE SAME;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN,
EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF
AMENDING SUCH CODE; PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE; PROVIDING CERTAIN PENALTIES; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the governing authority of the City of Tybee Island,
Georgia, and it is hereby ordained by authority of the same as follows:
Section 1. The document entitled "Code of the City of Tybee Island,
Georgia," a copy of which accompanies this ordinance and is incorpo-
rated herein and made a part hereof, is hereby adopted and shall be
treated and considered as a new and original comprehensive ordinance.
Section 2. All ordinances and resolutions of a general and permanent
nature of the city enacted on final passage on or before February
6, 1980, and not in the code or recognized and continued in force
by refreence therein are hereby repealed from and after the effective
date of this ordinance, except as hereinafter provided.
Section 3. The repeal provided for in Section 2 hereof shall not
affect any offense or act committed or done or any penalty or forfeit-
ure incurred or any contract or right established or accruing before
the effective date of this ordinance; nor shall this repeal affect
any ordinance or resolution of the city promising or guaranteeing
the payment of money by or to the city, or authorizing the issuance of
any bonds of the city, or any evidence of the city's indebtedness
or any contract or obligation assumed by the city; nor shall this
repeal affect any rights or franchise granted by any ordinance or
resolution of the city to any person, firm or corporation; nor shall
this repeal affect any ordinance or resolution dedicating, naming,
establishing, locating, relocating, opening, paving, widening, vacating,
etc. any street or public way in the city; nor shall this repeal
affect the present annual appropriation of the city; nor shall this
repeal affect any ordinance or resolution levying or imposing charges,
fees or taxes now due or accrued; nor shall this repeal be construed
to revive any ordinance or resolution or part thereof that has been
repealed by a subsequent ordinance or resolution which is repealed by
this ordinance.
Section 4. The provisions appearing in this code, so far as they are
the same as provisions of ordinances and resolutions existing at the
time of the effective date of this code, are intended, and shall be
considered as continuations thereof and not as new enactments.
Section 5. Any and all additions or amendements to the code, when
passed in such form as to indicate the intention of the city council
to make the same a part thereof, shall be deemed to be incorporated
into the code so that reference to "Code of the City of Tybee Island,
Georgia ", shall be understood and intended to include such additions
and amendments.
Section 6. A copy of the code shall be kept on file in the office
of the clerk of council, and preserved in loose -leaf form, or in such
other form as the clerk of council may consider most expedient. It
shall be the express duty of the clerk of council, or someone author-
ized by the clerk of council, to insert in their designated places all
amendments, ordinances or resolutions which indicate the intention of
the city governing authority to make those provisions a part of the
code, when those provisions have been reprinted in page form, and to
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extract from the code all provisions which may be from time to time
repealed. A copy of the code shall be available for all persons
desiring to examine it and shall be considered the official code of
the city.
Section 7. As pages of the code are replaced because the matter con-
tained on them shall have been repealed, amended or otherwise shall
have been superseded or rendered obsolete or inoperative, the clerk
of council shall retain copies of the pages of the code so superseded
rendered obsolete or otherwise rendered inoperative in a file so that
the former provisions of the code may be readiliy available and easily
found. The purpose of this section is to permit anyone desiring to do
so to ascertain the precise status of any section of the code as of
any given date.
Section 8. In case of the amendment of any section of the code for
which a penalty is not provided, the general penalty as provided in
the city charter or the code shall apply to the section as amended;
or in case such amendment contains provisions for which a penalty,
other than the aforementioned general penalty, is provided in another
section in the same chapter, the penalty so provided in such other
section shall be held to relate to the section so amended, unless such
penalty is specifically repealed therein.
Section 9. It shall be unlawful for any person, firm or corporation
to change or amend by additions or deletions, any part or portion of
the code, or to insert or delete pages or portions thereof, or to alter
or tamper with the code in any manner whatsoever which may cause the
law of the city to be misrepresented thereby.
Section 10. All ordinances or parts of ordinances in conflict here-
with are, to the extent of such conflict, hereby repealed.
Section 11. This ordinance shall be in force and take effect on
March 1, 1980.
Adopted this 6th day of February , 1980.
First Reading: 1 -30 -80
Second Reading: 2 -6 -80
Enacted: 2 -6 -80
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CLERK OF CO NCI