HomeMy Public PortalAbout19810610CCMeeting1
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Tybee Island, Georgia
June 10, 1981
A regular meeting of the Tybee Island City Council was held at 3:30 p.m.
on June 10, 1981 at the Tybee Island City Hall, with Michael J. Counihan, Mayor,
presiding. The following members of Council were present: William C. Fleetwood,
John J. Owen, James L. Fabrikant, Jerome W. Bettencourt and Nick C. Alexander. Mrs.
Julianne J. Meyers was absent because her work required it.
Mayor Counihan first called on visitors who wished to speak and the first
to respond was Mr. Richard Grosse. He stated that he came to endorse some recommenda-
tions that will be forthcoming from the local Chamber of Commerce, especially those
that pertain to the need for better enforcement of the municipal beach rules and
regulations. He asked if it is possible to deputize local residents and Police Comm-
issioner Owen answered that he believed the city would incur liability, reminding the
audience that two uniformed officers were injured in an attempt to arrest disturbers
of the peace on the beach last season. Mayor Counihan stated that the State of Georgia
requires that all arrests be made by certified officers. Police Commissioner Owen
stated that this is true because he knows that officers who have not completed mandate
school must ride with a certified officer who can sign citations to make arrests. He
further stated that Judge Cook is fining $300. for littering, but that these cases are
extremely difficult to prove. He says that he is presently attempting to get a list of
our court fines for violation of beach rules published in the newspapers so that people
will be more aware of just how large these fines can be. He believes this, if the
news media cooperate, can be a very effective deterrent.
Next Mr. Fred Hughes, President of the local Chamber of Commerce, spoke.
He distributed some handouts to the members of Council which contained the essence of
the recommendations and remarks resulting from the combined opinions of his membership.
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His hand -out also included a letter dated June 2nd in which the chamber requests that
the city allocate 25% of the Hotel /Motel tax receipts to the chamber as a source of
funding for establishment of an office, and for advertising purposes. He also reported
on a meeting of the Coastal Area Planning & Development Commission in Richmond Hill
earlier in the day, at which time he learned that communities smaller than Tybee are
receiving more effective aid for tourism from their local governments. He reminded
the Council that he had recently led the Chamber in promoting a beach clean -up by
Hunter volunteers which left the beach in excellent condition. He offered the continued
cooperation of the chamber for other such helps and asked that the city provide beach
patrol by officers with arrest powers from noon to ten p.m. Fridays through Sundays,
and a stronger effort to enforce the public drinking ordinances. He said that the
chamber is planning now to have a contest for the best decorated trash can, with really
nice prizes, which he hopes will stimulate interest in the litter problem. He offered
to help by obtaining additional trash cans if the city will have the logo designed for
the chamber painted onto them.
Mr. Fabrikant responded by thanking Mr. Hughes for the trash cans he has al-
ready provided to the city, and for the beach clean -up which he sponsored.
Mayor Counihan reminded Mr. Hughes that the city has already allocated
$3,200. in this year's budget for the chamber's advertising brochures. He reminded Mr.
Hughes that the bars and clubs in the Sixteenth Street area are responsible for the
rowdyism in that area and stated that he had personally begun an effort to clean up
Sixteenth Street in the past and met with nothing but howls of dismay from the merchants
in the area. He advised Mr. Hughes to first convince these merchants who are all mem-
bers of the chamber of commerce that these improvements are necessary. He further re-
marked that prisoners cleaning the beach has been tried more than once in the past, and
has never been satisfactory.
Mr. Hughes responded that he believes nothing hurts his business (area beer
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distributer) more than litter of beer cans left on public beaches and sidewalks. He
believes that the bar owners are only responsible for what occurs within their estab-
lishments - he advocates renewed effort to strictly enforce the ordinances on the
public streets and on the beaches.
Mayor Counihan responded that he and the Police Commissioner had met last
week and had already decided to have additional men patrol on weekends. He added that
some of these patrols will be made on foot.
Councilman Bettencourt suggested that binoculars can be used to spot titter-
ers at a distance., and arrests can then be made. He believes that the foot patrols
only will greatly improve the situation.
Councilman Owen stated that he believes his police department has been
hampered by irresponsible television coverage; some news media items have actively en-
couraged law- breaking on our beaches. He appealed to the news media to call police when
a violation is noticed so that a case can possibly be made.
Councilman Fleetwood remarked that the chamber wants to bring more people
to Tybee but he believes that our problems are caused by having too many people here
already. He can't see why we should advertise to entice more trash down for our tax-
payers to pay to have cleaned up. He added that most of the income from hotel /motel
taxes pays for lifeguards on the beach, and other services made necessary by the large
number of summer visitors.
Mr. Hughes called these remarks ridiculous when compared to Atlantic City
which has huge numbers of people and yet is both cleaner and more orderly than Tybee.
Mayor Counihan answered that he has personally been to Atlantic City and that it is
a restricted beach which is closed to the public at dark. He asked if Mr. Hughes and
the Chamber want the beach closed to the public. Mr. Hughes replied negatively, stating
that he wants enforcement, not closure.
Mrs. Marion Dean then spoke of an anticipated meeting with the state Director
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of Industry and Tourism who will be visiting Tybee this weekend. She stated that plans
are being finalized for a state grant which will provide a welcome center for Tybee
Island. Council and the audience agreed that this seems to be a definite step in the
right direction, and wished Mrs. Dean and her committee success in achieving their pur-
pose.
Mr. B. H. Levy then spoke, reminding the City Council that his son had
visited them at the May meeting with a request for the removal of a parking meter in
front of his home on one of five lots which he owns on Eighth Street. He asked that,
as a taxpayer, he be granted consideration which would automatically be granted to him
if he could vote in a municipal election.
Mrs. Carolyn Reynolds spoke, asking that Council lower the rate of the
South Parking Lot from $2.00 during weekdays. She said that, on weekends, the two -
dollar rate is not a problem but that local business people are being hurt during the
week because people choose to park at meters and that no more than ten cars are using
the lot on weekdays. Mr. Owen suggested that a lower rate be given a trial to see if
it encourages weekday parking. Councilman Fleetwood quoted some figures which proves
that, overall, collections from the south lot, and from all other lots, have increased
since last season.
Mrs. Joan Guyer then spoke in support of Mrs. Reynolds' request, stating
that her business is also being affected because of the high rate during the week.
She also asked about water pressure saying that her guests have complained recently.
One other problem that also affects her business (Cobb's Apartments) is late -night
noise from revelers in the parking lot. Mr. Fabrikant suggested that this last problem
could be corrected by closing the parking lot at a certain hour; he announced that he
is having North Beach Parking Lot closed at 9:00 p.m. Mr. Alexander remarked that this
may have the result of increased traffic in the residential streets late at night.
There was more discussion; Mayor Counihan then ordered that the south lot be closed at
ten p.m.
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Mayor Counihan then asked if there were further visitors who wished to
speak; there was no response. The meeting was opened for business legally presented.
Minutes of the meeting of May 13, 1981 were approved as written.
Bills for the month of May were approved as follows: General Government -
$1,076.10, Police - $3,378.22, Parking Meter Department - $35.11, Public Works -
$4,792.93, Sanitation - $2,985.09, Fire Department - $192.72, Recreation - $942.21,
Water Department - $1,549.96, and Sewer Department - $2,264.78. Mr. Fabrikant remarked
that dirt for the landfill operation is one of the heaviest expenses in his department.
Mr. Fleetwood then informed the public that Diamond Manufacturing has applied for a
dredging permit which will eliminate this expense, and cover the landfill to satis-
factory depths in preparation for a closing inspection from EPD.
Councilman Bettencourt informed everyone that the expenses for recreation
are almost covered by the income from sources such as fees charged for participation
in the activities. He stated that the ceramics program, for instance, is almost com-
pletely self- supporting because the people who use the facility pay for the privilege
as they pay for each item they finish.
Under Communications a letter from Anton F. Solms, Jr., County Attorney,
was read. This letter notified the city that the Chatham County Commissioners have
quit - claimed the property adjacent to Lazaretta Creek on which the Marine Rescue
Squadron's building sits. The quit -claim relinquishes ownership of the property to
the City of Tybee Island, but does contain a reversion clause so that, in future, if
the Marine Rescue Squandron ceases to use the property, ownership will revert to the
County of Chatham. The quit -claim is recorded in Record Book 116 -P, Folio 62 in the
Chatham County Courthouse.
Reporting for the Finance /General Government Committee, Mr. Fleetwood
asked approval for the granting of a business license to a Go -Kart operation. He
explained that the business license schedule does allow for riding devices, but that
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he felt this should be especially brought to the attention of the entire Council be-
cause the operation will be the only one of its kind on the island. He moved that
the license fee be set at $350.00 and Mr. Owen seconded. The motion passed unanimously.
He then reported that a new insurance package has been designed which will
offer liability coverage for city officials and an improved overall program. The cost
to the city will be ten to twelve thousand dollars less than last year's cost and will
be handled by two separate independent agencies. He stated that each memter of council
has been provided with a written resume of the coverage, and that actual figures will
be available in the Treasurer's office. After his explanation, he moved that this
coverage be accepted. Mr. Fabrikant seconded and the motion carried unanimously.
Because Mrs. Meyers, who is Planning /Development Chairman, was unable to
attend, Mrs. George McDonald was asked to report on the meeting of the Planning
Commission. She gave highlights of the last meeting and praised the members for their
excellent attendance. She stated that Michael Gleaton of CAPDC has presented the
commission with a planning proposal which is now being studied by the group and will
later be brought to the council. She commended the city hall staff for the excellent
job they did hosting the State House of Representatives Natural Resources Committee
dinner atop the Tybee Museum. She noted, however, the absence of several members of
the council.
Councilman Bettencourt reminded the audience that the council members have
other work which is vitally important to them and expressed his certainty that each had
an excellent reason for not attending. Mrs. McDonald replied that she did not intend
her remark to refer to one meeting only, but to other similar occasions when absence of
elected officials had been noted, not only by local citizens but by those state and
federal dignitaries which they had been invited to meet. Mr. Bettencourt replied that
he did not intend his defense of council's attendance to reflect on the validity of her
remarks.
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Councilman Fleetwood then told the council that he believed that the legis-
lators were really amazed at the progress Tybee Island has been making in the last two
or three years - most of them told 'him they had not visited Tybee at all during this
length of time. He then spoke of Saturday's meeting at City Hall and of the erosion
report given by the Georgia Conservancy. He said that he believes the results of this
very successful meeting will be reflected in the January session of the legislature
when Representative Bobby Phillips introduces a bill to provide some permanent state
assistance for maintenance of Tybee's summer services.
Councilman Fleetwood explained to the audience that an annexation referendum
is scheduled for Thursday, June 25th. At that time the city will attempt to annex the
remainder of Tybee Island, to Lazaretta Creek. He explained that some form of consolid-
ation will probably soon be necessary and that City of Savannah will probably gain more
control than Chatham over unincorporated areas of the county. He believes that, since
the city already provides most of the services to most of the residents of the unincor-
porated areas of the island, these residents would probably be wise to come into the
city while it is still possible to do so. He further stated that, if the annexation
does not pass, council will be seriously studying the costs involved in providing police
and fire protection, which in past have been given freely. Also he anticipated that
garbage and utility costs may be increased to reflect more truly what these services
actually cost the city to provide. Mayor Counihan supported Mr. Fleetwood's statements
and said that he hopes each voter will express their personal convictions; the city is
not interested in acquiring unwilling citizens.
Councilman Bettencourt explained that the Jaycees have for several years
operated a concession stand in Jaycee Park during the softball season. He explained
the provisions of the lease for the concession stand and asked its acceptance. Mr.
Fleetwood stated that he felt that the city should receive a percentage of the monies
made from the concessions. Members of the Jaycees rose and requested permission to
speak, but Mayor Counihan did not allow discussion, stating that Mr. Fleetwood's
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objections could be discussed by Mr. Bettencourt's recreation committee, and that
council can make a final decision based on the agreement of the finance and recreation
committees, to which the lease was referred.
Councilman Fleetwood then explained the update of the personnel ordinance.
This was accepted by Council on first reading. It was agreed that any suggested
changes can be brought to the attention of the City Attorney within the next two weeks
and incorporated into the proposed ordinance by amendment at the time of the Second
Reading, which was then scheduled for July 8, 1981.
Two applications for revocable licenses for dune crossover structures
were then considered, as follows.
An application by Clyde Gay for the Bay ,View Villas Project. Mr. Gay
holds an option to buy this propgrty from Paul & Frank Hernandez, who began the
development located on Estill and Bay Streets. The location of the crosswalk is on
the public right -of -way of the unopened portion of Byers Street. Mayor Counihan stated
that he is not in favor of opening this street, that the beach on either side of the
public right of way is private and no crosswalk should lead to a private beach. Mr.
Fleetwood stated that he believed a vote must be taken. Mr. Fleetwood moved that the
matter be considered. Before a second could be asked for, Mr. Alexander moved that
the motion be tabled. The tabling motion was seconded and passed without dissent.
The second application for a revocable license for a dune crossover structure
was by Ms. Roberta Coursey, Lighthouse Point, Inc. for a development known as the
Lighthouse Point Beach Club on Tybee Island. This project is being developed on pro-
perty located at Van Horne and Taylor Streets in Fort Screven, and the plans permitted
by the Coastal Committee Permit Number 52 includes three crossover structures. It
was noted that this project has been approved according to the State Shore Assistance
Act, and the Coastal Protection Section of DNR. Mr. Fleetwood moved that the license
be granted, Councilman Fabrikant seconded and the motion passed unanimously.
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Prior to closing the meeting Mayor Counihan thanked Mr. McAleer's partner,
Mr. Ray Gaskin who acted in the stead of the City Attorney for this meeting.
The meeting was adjourned.
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CLERK OF COUNCIL
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R E V O C A B L E L I C E N S E F O R D U N E C R O S S O V E R S T R U C T U R E
T h e u n d e r s i g n e d a p p l i c a n t h e r e b y r e q u e s t s p e r m i s s i o n f r o m t h e C i t y o f T y b e e I s l a n d ,
G e o r g i a , t o c o n s t r u c t a d u n e c r o s s o v e r s t r u c t u r e f o r t h e p u r p o s e o f e r o s i o n c o n t r o l
a n d p r o t e c t i o n o f c e r t a i n w a t e r f r o n t p r o p e r t y l o c a t e d w i t h i n s a i d c i t y l i m i t s s i n c e
a p o r t i o n o f t h e p r o p o s e d p r o j e c t m a y e n c r o a c h u p o n t h e s a n d b e a c h e s w i t h i n t h e c i t y
l i m i t s o f s a i d m u n i c i p a l i t y . T h e u n d e r s i g n e d u n d e r s t a n d s t h a t t h e i s s u a n c e o f s u c h
a p e r m i t d o e s n o t r e l i e v e t h e a p p l i c a n t o f t h e o b l i g a t i o n t o o b t a i n a d d i t i o n a l a u t h -
o r i z a t i o n f r o m t h e S t a t e o f G e o r g i a .
T h e u n d e r s i g n e d f u r t h e r r e c o g n i z e s a n d a g r e e s t h a t t h i s l i c e n s e d o e s n o t c o n f e r u p o n
t h e u n d e r s i g n e d a n y r i g h t s , t i t l e , e s t a t e o r i n t e r e s t i n s a i d l i c e n s e d p r e m i s e s ; n o r
d o e s t h i s l i c e n s e a g r e e m e n t c o n f e r u p o n t h e u n d e r s i g n e d a l i c e n s e c o u p l e d w i t h a n
i n t e r e s t o r e a s e m e n t . T h i s l i c e n s e m e r e l y g i v e s t h e u n d e r s i g n e d a r e v o c a b l e p r i v i -
l e g e , i t b e i n g e x p r e s s l y u n d e r s t o o d a n d a g r e e d t h a t , r e g a r d l e s s o f a n y i m p r o v e m e n t s
o r i n v e s t m e n t s m a d e , e x p e n s e a n d h a r m i n c u r r e d o r e n c o u n t e r e d b y t h e u n d e r s i g n e d , t h i s
a g r e e m e n t s h a l l b e s u b j e c t t o r e v o c a t i o n , c a n c e l l a t i o n o r t e r m i n a t i o n , t h i s l i c e n s e
s h a l l b e n u l l a n d v o i d .
T h e u n d e r s i g n e d s h a l l f u r t h e r i n d e m n i f y a n d s a v e t h e C i t y o f T y b e e I s l a n d f r e e a n d
h a r m l e s s f r o m a n y a n d a l l l i a b i l i t y , l o s s , c o s t , d a m a g e o r o t h e r e x p e n s e f r o m a c c i d e n t
o r d a m a g e , e i t h e r t o i t s e l f o r t o t h e p e r s o n s o r p r o p e r t y o f o t h e r s w h i c h m a y o c c u r
b y r e a s o n o f t h e e x e r c i s e o f t h e r i g h t s a n d p r i v i l e g e s h e r e i n g r a n t e d b y t h i s l i c e n s e .
T h e u n d e r s i g n e d a p p l i c a n t f u r t h e r r e c o g n i z e s t h a t t h e C i t y o f T y b e e I s l a n d d o e s n o t
g r a n t p e r m i s s i o n t o p r o c e e d w i t h s u c h p r o j e c t u n l e s s a n d u n t i l a S h o r e A s s i s t a n c e
P e r m i t i s i s s u e d a n d a c o p y o f s a m e i s f i l e d w i t h t h e C l e r k o f C o u n c i l o f s a i d c i t y .
L i g h t h o u s e P o i n t A s s o c i a t e s
D a t e J u n e 1 , 1 9 8 1 A p p l i c a n t ' s S i g n a t J i r e B y : ��/ a t e � '
M i c h a e l E . Y a t e s , M a n a g i n g
A d d r e s s 1 4 E a s t S t a t e S t r e e t
S a v a n n a h , G e o r g i a 3 1 4 0 2
T h e C I T Y O F T Y B E E I S L A N D h e r e b y g r a n t s t h e a b o v e a r e v o c a b l e l i c e n s e f o r a d u n e
c r o s s o v e r s t r u c t u r e n o t c o u p l e d w i t h a n i n t e r e s t a s p r o v i d e d i n t h e a b o v e r e q u e s t .
A p p r o v e d i n O p e n C o u n c i l t h i s
T o t a l o f t h r e e s t r u c t u r e s
w i t h i n p r o j e c t b o u n d a r i e s .
B Y :
A T T E S T :
d a y o f
C l e r k o f C o u n c i l