HomeMy Public PortalAbout19800709CCMeeting55
Tybee Island, Georgia
July 9, 1980
A regular meeting of the Tybee Island City Council was held
at 3:30 p.m. on Wednesday, July 9, 1980. Mayor Michael J. Counihan
presided and the following members of Council were present: Nick
C. Alexander, Jerome Bettencourt, Julianne J. Meyers, Jim Fabrikant,
Jack Owen and W. C. Fleetwood. W. Lance Smith, III, City Attorney,
was also present.
The first visitor to appear before Council was Mrs. Jane
Feller who resides on Ninth Street and who presented a petition from
the residents requesting that speed breakers be replaced on Ninth
Street between Butler Avenue and the ocean. Mayor Counihan stated
that the City has received reports of elderly people falling over the
speed breakers and that the City Council is not in favor of replacing
them.
Next Mayor Counihan welcomed three representatives of the
Department of Natural'Resources. Ms. Mittie Monteith, spokesperson
for the group, introduced Bob Saylors and Chuck Gregory, all of the
Department's Recreation Services. She stated that she is the grants
coordinator, and that she wished to inform Council that the grant
the City has for parks improvements is scheduled to run out in
December, 1980. She stated that none of the planned improvements in
Memorial Park have been made, and it is her recommendation that the
City either ask that this portion of the grant be deleted, or, with
the aid of a consultant for that park, ask for an extension of time.
She stated that the work in Jaycee Park that has been completed can
be reimbursed through the grant monies, but that her inspection re-
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port will itemize some improvements that should be made prior to
reimbursement. She offered her help, and that of the department,
to finalize the portion of the grant that can be used. She stated
that this would allow the City to re -apply for grant funds in the
future with an unblemished record.
Mayor Counihan then called on the Zoning Administrator, Earl
Anderson, for a report of his meeting this date with Dr. Marland of
the Coastal Protection Division of the Department of Natural Resources.
Mr. Anderson stated that he accompanied Dr. Marland on his inspection
of building sites, and that they also talked with several residents
who wish to construct dune crosswalks. He stressed the necessity of
close communication with DNR on building permits in order to comply
with the -State Shore Assistance Act of 1979.
Dr. Rosen then requested permission to ask Mr. Anderson about
DNR's present position on the renourishment issue. Mr. Anderson said
that he feels that the Coastal Protection staff is completely in favor
of renourishment and that he believes the delay is due to the Corps
of Engineers.
Mayor Counihan then recognized Andrew J. Ryan, District
Attorney, who is running for re- election in the August primary, and
who spoke briefly asking for the support of Tybee Islanders.
Mr. Bill Stephenson, candidate for chairman of the Chatham
County Commissioners spoke stating that he had enjoyed being at Tybee
for the recent Inauguration and soliciting the vote and support of
everyone present.
Next, Ms. Linda Adonalphus of Lovell Avenue asked that the
Mayor and Council consider her request for ditch cleaning adjacent to
her residence. She stated that her small daughter had almost been
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bitten by a rattlesnake, and that she is concerned for the safety
of her child and her pets. She stated that she has talked with
several members of Council and with the Chatham County Mosquito
Control Commission. Mr. Fabrikant answered that he has hope of
help from the mosquito control because the city has neither the
equipment nor the manpower to do this job. Mr. Fleetwood stated
that he is a member of the Mosquito Control Commission and that they
plan to clean ditches on Tybee very soon. He stated that one of
the problems they face is receiving permission from property owners
to perform this work but that the equipment has been scheduled to
come to Tybee soon.
There were no further visitors who wished to speak. Mayor
Counihan opened the meeting for business legally presented.
Councilman Fleetwood moved that the minutes of the meetings
of June 4, 1980 and June 11, 1980 be approved as written. Councilman
Fabrikant seconded and the motion passed unanimously.
Mayor Counihan then called for any communications. The Clerk
read a letter dated June 25, 1980 addressed to the City Attorney
which commended him on his excellent stand for law and order in recent
Recorder's Courts. The letter was signed by H. Byron Twigg, pastor
of the Chapel by the Sea Baptist Church. Mayor Counihan thanked the
minister for the letter and promised to continue the clean -up he has
begun.
Next under Communications the Clerk read into the record the
oaths sworn by the Mayor, the City Attorney and the six members of
Council. These signed oaths are a part of these minutes.
The last communication was a letter to Mayor Counihan from
A. Pratt Adams, Jr. dated July 3, 1980 and supporting Mr. Alexander's
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attempt to have a fishing pier built at Tybee. He offered his
endorsement of the plan, stating that he feels a pier would be
used mostly by residents out of Chatham County, and that he feels
the state should provide such a pier.
Bills for the month of June, 1980 were approved as follows:
General Government - $2,398.90, Parking Meter Department - $193.15,
Police Department - $3,033.10, Sanitation - $449.71, Public Works -
$4,489.34, Ceramics - $333.97, Recreation - $1,332.60, Fire Depart-
ment - $189.45, Water Department - $1,367.67, Sewer Department -
$5,400.67. Capital Outlay expense totalled $5,626.85 and other
expenses amounted to $2,508.74.
A public hearing before Council of a Planned United Develop-
ment petition brought by Paul Hernandez was explained by the Zoning
Administrator, Earl Anderson. The development is planned to con-
tain no more than 22 units, probably less, and will be named "Bay
View Villas ". Each two or three bedroom unit is planned to sell for
approximately $55,000. After some discussion, and the reading of
the minutes from the Planning Commission meeting at which this petition
was studied Councilman Alexander moved that the petition be approved
and Councilman Fleetwood seconded. The petition was approved unan-
imously.
The amendment to the alcoholic beverage ordinance ( #3 -1980)
was read for the second time. Councilman Bettencourt moved its
acceptance, Councilman Owen seconded and it passed unanimously. A
copy of this ordinance is attached to, and becomes a part of, these
minutes.
Councilman Bettencourt informed Council that an outdoor
advertising company has offered to place benches throughout the
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city. This company, Public Service Displays, would furnish and
maintain the benches, and keep the grass cut around them in turn
for being allowed to sell advertisements which would appear on the
benches. After discussion Councilman Bettencourt moved that the
Mayor be authorized to execute an agreement for outdoor advertise-
ment in this form. Councilman Owen seconded and the motion passed
unanimously.
Councilman Alexander informed Council that a request has
been received for the opening of Pine Street. He explained the
location of the unopened street. Councilman Fleetwood questioned
whether any cost to the City will be involved. After some further
discussion Mayor Counihan requested that Councilman Alexander in-
vestigate the matter further, and inform Council of his findings.
City Attorney Smith then stated that a quitclaim deed and
resolution adopted by the Council in open meeting in February, 1980
had been found to contain an error in the description of the property.
This quitclaim deed involves the exchange by the City of Tybee Island
of a certain .6 acre tract of land in Bay Ward for a certain .75 acre
tract in Bay Ward owned by the Dunn family. After discussion and
satisfaction on the part of all that the error would be corrected by
the present proposed action, Councilman Fleetwood moved that the
corrected quitclaim deed be executed, Councilman Owen seconded. The
vote was five in favor, none against, with Councilman Bettencourt
abstaining.
There being no further business, the meeting adjourned.
Ap
CLERK OF COUNCIL
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COUNTY OF CHATHAM )
STATE OF GEORGIA )
I, Michael J. Counihan, do solemnly swear that
I will faithfully discharge the duties devolved on me as
Mayor of the City of Tybee Island; that I will faithfully
execute and enforce the laws and ordinances of the City to
the best of my ability, skill and knowledge; that I will
support and uphold the Constitution of the United States of
America and the Constitution and laws of the State of Georgia;
SO HELP ME GOD.
Sworn to and subscribed
before me this 7th day of July, 1980.
7
GEO
Judge,
E E. OLIVER
atham County Superior Court
59A
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59B
COUNTY OF CHATHAM )
STATE OF GEORGIA )
We, the undersigned, do solemnly swear that we
will faithfully discharge the duties devolved on us as Council
of the City of Tybee Island; that we will faithfully execute and
enforce the laws and ordinances of the City to the best of our
ability, skill and knowledge; that we will support and uphold
the Constitution and laws of the United States of America and
the Constitution and laws of the State of Georgia; SO HELP US,
GOD.
Nick C. Alexander
Jerome W. Bette
James L. Fabr ant, J _
John J. Owen, J �_ -� l— ��
,
William C. Fleetwoo
Julianne J. Meyer
Sworn to and subscribed before me
this 7th day of July, 1980
GEO °.E E. OLIVER
CHATHAM $UNTY SUPERIOR COURT
59C
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COUNTY OF CHATHAM )
STATE OF GEORGIA )
I, W. Lance Smith, III do solemnly swear
that I will faithfully discharge the duties devolved on me
as City Attorney and Recorder for the City of Tybee Island;
that I will faithfully execute and enforce the laws and
ordinances of the City to the best of my ability, skill and
knowledge; that I will support and uphold the Constitution
and laws of the United States of America and onstitution
and laws of the State of Georgip; SO HELP ME
\Th
Sworn to and subscribed before me
this 7th day of July, 1980
GEO E E. OLIVER
CHATHA 'OUNTY SUPERIOR COURT
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. LANCE SM
M
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
I do solemnly swear that I will faithfully discharge
the duties devolved on me as Associate City Attorney for the
City of Tybee Island; that I will faithfully execute and en-
force the laws and ordinances of the City to the best of my
ability, skill and knowledge; that I will support and uphold
the Constitution and laws of the United States of America and
the Constitution and laws of the State of Georgia; SO HELP ME
GOD.
e
JOHN W. HENDRIX
W. LANCE SMITH, III
RECORDERS COURT JUDGE
59D
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TEMPORARY COMMITTEE ASSIGNMENTS
FINANCE & GENERAL GOVERNMENT
William C. Fleetwood, Chairman
Julianne J. Meyers
John J. Owen, Jr.
RECREATION
Jerome W. Bettencourt, Chairman
Julianne J. Meyers
James L. Fabrikant, Jr.
FIRE
Julianne J. Meyers, Chairman
Jerome W. Bettencourt
Nick C. Alexander
POLICE
John J. Owen, Jr., Chairman
James L. Fabrikant, Jr.
Nick C. Alexander
WATER /SEWER
Nick C. Alexander, Chairman
William C. Fleetwood
John J. Owen, Jr.
PUBLIC WORKS /SANITATION
James L. Fabrikant, Jr., Chairman
William C. Fleetwood
Jerome W. Bettencourt
PLANNING /DEVELOPMENT
Julianne J. Meyers, Chairman
Mayor and remaining Council members
59E
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Ordinance Number 3 -1980
AN ORDINANCE TO AMEND AN ORDINANCE OF THE CODE OF ORDINANCES,
CITY OF TYBEE ISLAND, GEORGIA:
IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
TYBEE ISLAND, IN COUNCIL ASSEMBLED, THAT THE CODE OF ORDINANCES
OF THE CITY OF TYBEE ISLAND, GEORGIA, SECTION 9 -2 -1 PARAGRAPH
(3) BE AMENDED BY THE ADDITION OF THE FOLLOWING:
EACH APPLICANT, IN ORDER TO OFFER FOR SALE DISTILLED SPIRITS,
MALT BEVERAGES OR WINE UPON THE PREMISES DURING THE ABOVE SUNDAY
HOURS WILL BE REQUIRED TO EXECUTE AN AFFIDAVIT UNDER OATH THAT
AT LEAST FIFTY -ONE PERCENT (51 %) OF THE TOTAL ANNUAL GROSS OF
FOOD AND BEVERAGE SALES ARE DERIVED FROM THE SALE OF PREPARED
FOOD OR MEALS.
CLERK OF COUNCIL
First Reading: June 11, 1980
Second Reading: July 9, 1980
Enacted: July 9, 1980
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