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19800709CCMeeting55 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- 56 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 57 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 1 1 1 58 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 1 1 59 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 1 1 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 1 1 1 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 1 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 1 . LANCE SM M 1 1 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 1 1 1 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 59 F 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 1