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19810610CCMeeting1 1 1 29 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. 1 1 1 30 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 1 1 31 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 1 1 1 32 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. 1 1 1 33 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 1 1 1 34 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. 1 1 1 35 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 1 1 1 36 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. 1 1 37 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. 1 6Le.a.1 A CLERK OF COUNCIL • 37-A REVOCABLE LICENSE FOR DUNE CROSSOVER STRUCTURE The undersigned applicant hereby requests permission from the City of Tybee Island, Georgia, to construct a dune crossover structure for the purpose of erosion control and protection of certain waterfront property located within said city limits since a portion of the proposed project may encroach upon the sand beaches within the city limits of said municipality. The undersigned understands that the issuance of such a permit does not relieve the applicant of the obligation to obtain additional auth- orization from the State of Georgia. The undersigned further recognizes and agrees that this license does not confer upon the undersigned any rights, title, estate or interest in said licensed premises; nor does this license agreement confer upon the undersigned a license coupled with an interest or easement. This license merely gives the undersigned a revocable privi- lege, it being expressly understood and agreed that, regardless of any improvements or investments made, expense and harm incurred or encountered by the undersigned, this agreement shall be subject to revocation, cancellation or termination, this license shall be null and void. The undersigned shall further indemnify and save the City of Tybee Island free and harmless from any and all liability, loss, cost, damage or other expense from accident or damage, either to itself or to the persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted by this license. The undersigned applicant further recognizes that the City of Tybee Island does not grant permission to proceed with such project unless and until a Shore Assistance Permit is issued and a copy of same is filed with the Clerk of Council of said city. Lighthouse Point Associates Date June 1, 1981 Applicant's SignatJire By :�/ ate°✓ Michael E. Yates, Managing Address 14 East State Street Savannah, Georgia 31402 The CITY OF TYBEE ISLAND hereby grants the above a revocable license for a dune crossover structure not coupled with an interest as provided in the above request. Approved in Open Council this Total of three structures within project boundaries. BY: ATTEST: day of Clerk of Council