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Tybee Island, Georgia
July 8, 1981
A regular meeting of the Tybee Island City Council was held at 3:30 p.m.
on Wednesday, July 8, 1981 at the Tybee Island City Hall. Mayor Michael J. Counihan
presided and the following members of Council were present: William C. Fleetwood;
John J. Owen, Jr.; Jim Fabrikant, Jr.; Julianne J. Meyers; Jerome W. Bettencourt;
and Nick C. Alexander. Mr. James E. McAleer, City Attorney, was also present.
The meeting began with a public hearing on a petition by Mr. and Mrs.
Hugh Hodges for property known as the Old Bakery, in Fort Screven. The Fort Screven
area is pending listing on the National Register of Historic Places. Mr. Randy
Murray represented Mr. and Mrs. Hodges and explained that the project is essentially
a restoration of an old building into modern apartment units. The building is pre-
sently being used to house one apartment and warehouse space, and the owners would
like to convert it into four apartment units. In order to do this, it is necessary
for the zoning to be changed, since the building is located in a Residential - One
Zone. The owners had first requested Residential- Tourist Zoning, which would allow
multi - family dwellings. However, upon the recommendation of the Planning Commission,
this request has been modified to Planned Unit Development. Floor plans, interior
design, and landscaping design plans were displayed to the audience. The City
Attorney explained the action taken by the Planning Commission, including the motion
to recommend approval of the project to the City Council. Mrs. McDonald, chairlady
for the Planning Commission, concurred with Mr. McAleer's remarks concerning the
project. Mayor Counihan askea-for public comment; Mr. Willie Whelan asked City
Council why something is not done about the Old Theatre Building, which is in the
same Fort Screven area. There were no comments concerning the Hodges project from
any member of the audience. Councilman Fleetwood moved that the map amendment to
PUD be approved; Councilman Owen seconded, and the motion carried unanimously.
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Mayor Counihan then had the clerk read an article from the Georgia
Gazette, dated May 13, 1981, which honored Dr. Samuel Rosen for his many public
services. Mayor Counihan further congratulated Dr. Rosen for being such an active,
interested citizen of Tybee Island, and thanked him for his regular attendance at
Council meetings.
The first visitor to address Council was John Sigler, owner of Tybee
Auto Marine Electric who stated that he had submitted a request to handle tuneups
and electrical problems on city vehicles. He stated that he has the latest equipment
and believes that he can save the city money, both in repair costs and in gas consum-
tion. Mayor Counihan turned this matter over to Jim Fabrikant for his consideration
as chairman of Public Works.
Mr. Ralph Tenebaum then addressed Council, stating that the city agreed
when he built his house in 1951 that all tap -in fees would come to him because he
supplied the pipe to lay the water line. After some questions and discussion, Mayor
Counihan expressed the opinion that Council would probaly approve payment up to the
actual costs incurred by Mr. Tenenbaum. He then asked Councilman Alexander to inves-
tigate and let Mr. Tenenbaum know the results.
Mr. Tenenbaum also had a question concerning his real estate taxes, and
Mayor Counihan referred this matter to the City Treasurer.
Mr. Willie Whelan asked permission to speak and noted that he paid $219.00
for pipes running to his house, and that he was never reimbursed by the city.
There were no further visitors who wished to speak.
Minutes for the meeting of June 10, 1981 were accepted upon motion of
Councilman Fleetwood, seconded by Councilman Owen and unanimously carried.
Bills for the month of .June, 1981 were approved as follows: Sanitation -
$4,275.06, Public Works - $1,980.08, Parking Meter Department - $41.47, Police
Department - $3,847.24, Fire Department - $473.45, Recreation - $925.39, Ceramics -
$648.82, Sewer Department - $9,038.92, Water Department - $3,457.29, General
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Government - $1,019.56, Capital Outlay - $5,151.99, and Other Expenses - $995.88.
During discussion of the various bills, comments were made as follows: Councilman
Fabrikant stated that his largest expense of the month was fill dirt for the landfill
which we are attempting to ready for closure. Councilman Owen noted that two new
police cars have been delivered and that these cars were ordered and authorized
under last year's budget, but just delivered. It was also noted that Public Works
has recently received one new pickup truck. Councilman Bettencourt explained that
the summer parks program is underway, and that the softball program is also on
schedule. He stated that these two programs have caused his expenses to be a little
higher than normal, but that all expenses are designed to be defrayed by registration
fees, etc. Mayor Counihan questioned the cost of umpires for the softball program,
asking whether volunteers could be sought in future.
Under Communications a letter from the Federal Emergency Management
Agency, Region IV, Atlanta, Georgia, and dated June 29, 1981 was read by the clerk.
This letter called attention to some deficiences in the administration of the local
flood damage control ordinance, and asked that the city provide assurances of future
compliance, and other information concerning building permits during the past four
years. Mayor Counihan announced that those citizens who are interested in this
letter may ask for a copy tomorrow during regular business hours. He then accepted
the letter as information, also accepting as information comments made by Councilmen
Fabrikant and Fleetwood concerning flood insurance in general. Councilman Fabrikant
particularly noted that he personally feels that the city cannot completely comply
with FEMA's requests.
Mayor Counihan then announced the appointment of C.W. Nelson, Jr. to the
Board of Electrical Examiners, replacing Mr. C. J. Herb who is no longer able to
serve in this capacity. Mr. Nelson will serve at the pleasure of the Mayor and
Council, until replaced, and was unanimously accepted by all.
Mayor Counihan then called on Councilman Bettencourt to introduce Mr.
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Arnold Seyden and Mr. Sebastian Orsini. Both are members of the Tybee Island
Recreation Board and both have been working very hard on recreational programs
for local citizens. Mr. Bettencourt asked Mr. Seyden to explain to the City Council,
and to the audience, the plans for completing facilities in Jaycee Park, under the
Land and Water Grant. These plans were displayed to the public and include a trail
for jogging and skating with points for exercising all along. Parking and fencing
is also included and an outdoor basketball court. Mr. Seyden stated that the surveying
and engineering is complete and that the improvements can be completed for the re-
maining grant funds totalling $52,770.00 - half of this amount will be reimbursed by
the State.
Councilman Alexander explained that plans are being drawn for a new kind of
grit separator for the wastewater treatment plant, that these plans will be submitted
to EPD for approval, and that the engineers estimate that the approximate cost will
be $39,000.00.
Councilman Fabrikant explained that the city has been seeking help for
about six months to repair Jones Avenue, especially certain dips in the roadbed that
are growing more dangerous with time. He asked the City Attorney to read a LARP
contract and resolution which will begin the repair of this street, by authorizing
two blocks of Jones Avenue to be levelled and re- surfaced under the LARP Program. A
copy of this information is attached to, and becomes a part of, these minutes. After
the Resolution was read Mr. Fabrikant moved its adoption; Councilman Owen seconded,
and the vote was unanimously in Ivor.
A lease for the concession stand in Jaycee Park was explained by Mayor
Counihan and Councilman Bettencourt. After some discussion Councilman Fleetwood moved
that the lease be adopted, and it was unanimously approved. The lease, signed by
the Mayor, will be in effect only after being signed by the Tybee Island Jaycees,
present operators of the concession facility.
Mayor Counihan then announced to county residents who recently voted down
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an annexation referendum, that no fire protection will be provided by the city in
the future to unincorporated areas without a charge. He stated that the City Council
will have a special workshop meeting to discuss methods of charging for services
which have in past been free to those county residents just outside the city limits.
The city will also be considering other charges for non - citizens who wish to partici-
pate in, or buy, services supported by the city's general funds.
Councilman Fleetwood then suggested that the City Council consider a
Resolution of Respect for General William H. Kelly, a Past President of the Tybee
Chamber of Commerce, and a respected citizen of our community. There being no dissent,
the Mayor ordered such a Resolution to be drawn.
Mayor Counihan then recognized former Councilwoman Karen Losey, who asked
about the present status of the beach erosion control project.
There being no Further business, the meeting was adjourned.
(1-1P-1 ?es M41-44-44
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LEASE AGREEMENT
By this agreement, made and entered into on the 10th day of June, 1981
by and between the City of Tybee Island, GEorgia, hereinaftor referred to as the
LESSOR and Tybee Island Jaycees hereinafter referred to as LESSEE, Lessor leases
to Lessee the premises known as the concession stand in Jaycee Park, Fort Screven,
Tybee Island, Georgia, together with all appurtences, for a term to commence on the
first day of May, 1981 and to expire on April 30, 1982.
1. RENT. Lessee agrees to pay One ($1.00) Dollar per year in advance
to the lessor as rent. As a further consideration, Lessee shall submit to Lessor
a true and accurate statement of Lessee's gross sales and income and all expendi-
tures for the preceeding quarter under the terms of the agreement. It is a condition
precedent to compliance with this rental agreement that all net profits shall be
applied toward Lessee's community recreation programs. Expenditure for any other
purpose shall cause a forfeiture of this lease agreement. The first quarter shall
begin with the first day of the first full month of operation of the concession
stand and end with the last day of the third month thereafter and shall be the same
period thereafter during the term of the lease.
2. ACCOUNTING. The Lessee agrees to maintain a separate bank account
through which all business will be transacted. The. Lessee will submit to Lessor
a true and accurate statement as to expenditures of net profits since it is herein -
above provided that all net profits will be spent for only Lessee's community
recreation programs.
3. CONDITION OF PREMISES. The Lessee shall keep the premises clean,
neat, and orderly at all times and shall provide, at its own expense, complete
and proper arrangements for the sanitary handling of all trash, garbage, and other
refuse resulting from its operation. The Lessee shall not permit anything to be
done within the premises which may interfere with the effectiveness or accessibility
of drainage and sewer systems, water and fire protection system, and any other facil-
ities which exist for the protection of the public.
4. REPAIRS AND UPKEEP. The Lessee agrees to keep the buildings and other
improvements to be located on the demised premises in good and substanial repair and
to paint and refurbish from time to time as necessary. However, in cases of exten-
sive vandalism or unusual capital expense for replacement of restroom facilities,
Lessee shall have the right to petition Lessor for assistance which may, or may not,
be granted according to the discretion of the Lessor. Lessee shall surrender the
premises at the termination of this lease in the condition it was constructed,
reasonable depreciation excepted.
5. INSURANCE. The Lessee will assume all risks in the operation of its
business and will be solely responsible and answerable for all damages for all acci-
dents or injuries to persons or property arising out of Lessee's operation. Lessee
will indemnify and hold Lessor harmless for any claims that may arise out of any
actions, claims or lawsuits as a result of liability for injuries to persons or
property or damage to Lessee or to any guests, servants, owners or persons doing
business with Lessee. In addition if the City of Tybee Island should incur any
legal expenses arising from such action, the Lessee will be responsible for reason-
able costs connected with ;the same.
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6. UTILITIES. Lessor shall be responsible for paying for all utility
services which are required on the premises with the exception of the electrical
service, which shall be the responsibility of the Lessee.
7. BINDING EFFECT. All covenants and conditions herein contained shall
apply to and bind successors and assigns of the parties hereto, and all covenants
are to be construed as conditions of this lease.
8. SUBLEASES /ASSIGNMENTS. Lessee shall not, without prior written con-
sent of Lessor, assign or sublet this lease or grant any concession and /or license
for use of aforesaid premises or any part thereof. A consent by the Lessor to one
assignment or subletting shall not be deemed to be a consent to any subsequent sub-
letting, assignment, concession or license. An assignment, sublease, license or
concession without aforesaid prior written permission shall be null and void, and
shall, at the option of the Lessor, result in immediate termination of this lease.
IN WITNESS HEREOF, the parties hereto have executed this lease at
Tybee Island, Georgia on the date and in the year first above written as the
date hereof.
By:
Attest:
THE CITY OF TYBEE ISLAND, GEORGIA
r 'y•r
Clerk of Council
TYBEE ISLAND JAYCEES
President
Secretary
177 6 i Ss
SECRE!R �t7 { "ST' STATE
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,ecretarig of p tote
214 ,tttte attpitDl
ELECTIONS DIVISION
tlttnttt Arttnces �• ginncan
DIRECTOR
30334 656.2871
July 8, 1981
Honorable Willis J. Richardson, Chairman
County Board of Elections
Chatham County
P.O. Box 10011
Savannah, Ga. 31401
Dear Mr. Richardson:
acknowledge receipt of the returns of, the
198referendum
This will ackno of Tybee Island on the corporate
election held in the City approved?".
question "Yes /No Shall Sectioslandfbeh appct changing
que of Tybee I
limits of the City sheet it appears that the votes
From the consolidated return
cast for this question are as follows:
Cor orate Unincor orated Area
Limits Yes ---- - - -- a
Yes--- - - - - -- -222 - -102
No---------"- 60 Enclosed
results are being certified tothe oGov rnor The resu of the certificat .
you will find a copy
With best wishes and kindest regards, I am
Very incerely your
DBP:bt
Enclosure
..vid B. Poythress
Secretary of Stat
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DOT 508 -C REVISED 4 -72
RESOLUTION COVERING ACQUISITION AND CLEARANCE OF RIGHTS OF WAY WITH CONTROL OF FUTURE
ENCROACHMENTS AND REGULATION OF VEHICULAR TRAFFIC ON HIGHWAY CONSTRUCTION PROJECTS
GEORGIA, Chatham
WHEREAS, the
Chatham
and n .
in Chatham
COUNTY
Department of Transportation in cooperation with the County of
desires to construct a road between 1St St. ,Georgia
,Georgia, known as Federal Aid Project No.
County.
AND, WHEREAS, the project will extend within the corporate limits of the municipality,
town, or city of Tybee Island , Georgia.
It is resolved, that we, the Mayor and Members of the Council (or other officer or
officers) charged with the management of the finances of said municipality, and the
legally authorized agents of such do hereby agree to procure for the Department of
Transportation in cooperation with the County of Chatham , in accord
with pertinent agreements and regulations, any and all rights of way that may, in the
opinion of the Department of Transportation be necessary to the proper construction and
maintenance of the above named project and according to survey and plans made by engineers
of the Department of Transportation, within the limits of said municipality.
And in consideration of the construction of said Highway within the incorporated limits
of said municipality, the City of Tybee Island , agrees to remove any
existing structures or obstructions as provided in pertinent agreements and to prevent
any future encroachments upon the right of way limits of said Highway not covered by
permits duly issued by the Department or the City; and furthermore agrees, obligates,
and binds itself in accordance with Title 68 Georgia Code that it will not pass any
laws, rules, regulations, or ordinances which will penalize, hinder or obstruct the
free movement of vehicular traffic on said Highway, including angle parking, nor erect
any traffic signals, towers, or lights on the said right of way without written consent
of the Department of Transportation.
We further agree that upon notice of award of contract on the above numbered project,
we will arrange with managers of various utility companies and municipal departments
to place underground plants in a satisfactory state of repair except where this phase
of work is covered by agreements.
The municipality further agrees to assume responsibility for and cooperate with the
Utility Owners in the moving, setting back, replacing or lowering of all consumers'
service connections including gas lines, telephone lines, electric power lines, water
mains and sanitary sewer connections to clear construction by one foot, whether such
facilities are publicly or privately owned except where this phase of the work is covered
by agreements.
It is further agreed that after construction is completed on off - system projects no new
or additional utilities facilities will be allowed to encroach on the rights of-way for
this project except under permit issued by the City in accordance with the Rules and
Regulations of the Department.
We further agree to protect the Department of Transportation and said County or its agents
from any claim or damages whatsoever that might be occasioned through the fulfillment of
the foregoing conditions, and to defend all suits that may arise by virtue thereof.
This day of ,19
COUNCIL:
COUNCIL:
MAYOR