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19810708CCMeeting1 1 1 38 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. 1 39 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 1 1 1 40 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. 1 1 1 41 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 1 1 1 42 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 1 1 1 42 -A -1 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. 1 1 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 1� 42 -B ,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 1 1 1 42 -C 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