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Tybee Island, Georgia
September 9, 1981
The regular monthly meeting of the Tybee Island City Council was
held at 3:30 p.m. on Wednesday, September 9, 1981 at Tybee Island City Hall.
Mayor Michael J. Counihan presided and the following Councilmen were present:
William C. Fleetwood, John J. Owen, Jim Fabrikant, Jr., Jerome W. Bettencourt
and Nick C. Alexander. City Attorney James E. McAleer was present. Councilwoman
Julianne J. Meyers was unable to attend because of a committment to attend a
legislative session in Atlanta, and meet with our representatives there.
Mayor Counihan welcomed the citizens present. He then asked Mr.
McAleer if he would read a resolution of respect for General William H. Kelly.
The resolution was read in the presence of members of the General's immediate
family and a large group of Optimists who came to honor their past President.
After the reading Mayor Counihan presented the resolution to Mrs. Hannah Reisman
Kelly, wife of the deceased, with words of consolation and regret. Mrs. Kelly
accepted with gratitude to the entire Council.
Mayor Counihan thenked if there were visitors in the audience
who wished to speak before the Council; ere were none.
Mayor Counihan then called on the city attorney to introduce a
special visitor, Mr. Robert Harris Smith, Jr. Mr. McAleer told the group that
Mr. Smith is a recent graduate of the University of Georgia. As a senior project
he has completed an advertising campaign with original artwork including a logo,
a billboard, a magazine advertisement and other pictoral displays. These were
shown to the Council and many complimentary remarks were made. The artwork was
then placed so that members of the audience might view it, also.
Mayor Counihan then opened the meeting for business legally presented;
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the announcement of the postponement of a public hearing for a map amendment
petition filed by Roy Tyler was made. City Attorney McAleer announced further
that the Tybee Island Planning Commission will meet at 7:30 p.m. on Monday,
September 28, 1981 to make a recommendation to the City Council concerning the
petition.
Councilman Fleetwood moved the adoption of the minutes of the
previous meeting (August 12, 1981) and Councilman Fabrikant seconded. The motion
passed without dissent.
Bills for the month of August were approved as follows: for General
Government - $3,774.47, Parking Meter Department - $180.38, Police Department -
$6,832.49, Sanitation Department - $4,606.26, Public Works - $4,068.79, Fire
Department - $468.36, Recreation — $498.98, Ceramics - $546.33, Sewer Department -
$15,279.46, Water Department - $6,188.83. In addition, other expenses of $5,913.32
were approved as well as capital outlay totalling $1,005.41.
Under communications, the clerk was instructed to read two letters:
first a letter to State Representative Bobby Phillips from Mayor Counihan dated
August 17, 1981, and secondly a reply with Representative Phillips dated August 21.
The letters are attached to these minutes (attachment B).
Comments from Mayor Counihan and Mayor - pro -tem Fleetwood were addressed
to the audience. It was agreed by City Council as a whole that any attempt to
change the city charter without input from the City Council will be fought at the
legislative level if necessary.
Mayor Counihan then announced that he and Councilman Fleetwood had met
recently with Mr. Terry Scafidi of Layne - Atlantic to discuss a well which they be-
lieve is needed to increase the gallonage -per- minute of our water system. Some
testing of an existing well was made by Mr. Scafidi's company, and he reported the
results to the Council, offering two alternatives for consideration. If the exist-
ing well is used it can be made to produce 500 gpm at a cost of $130,000.00. A new
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well, utilizing existing housing, and at the same location, would produce 1500 gpm
at a cost of $175,000:00. Discussion followed; in the absence of Mrs. Meyers, Mrs.
Losey (former Fire Commissioner) asked and was granted permission to speak: she
stressed the importance of increased gpms for fire protection. Mr. Scafidi ven-
tured the opinion that perhaps study of system will be necessary and testing to
see what pressures certain lines can handle. His report was accepted as informa-
tion; further action will be studied by the water /sewer committee.
City Attorney McAleer then read and explained provisions of a lease
requested by the Marine Rescue Squadron 1 -A for property quit - claimed to the city
by the county to be used by this group. He explained that the lease is similar to
one the group has had for years with Chatham County enabling them to use the pro-
perty for purposes of a boat landing, ramp and other uses connected with marine
rescue, and for no other purposes. Councilman Fleetwood moved acceptance of the
lease; Councilman Owen seconded and the motion passed unanimously. A copy of the
plat of the property involved is attachment "C" and becomes a part of these minutes.
It was further noted by Council that this quit claim is a restricted deed and the
property reverts to the county if no longer used by the Marine Rescue Squadron.
Mayor Counihan announced that at the time this administration took
office the city millage rate was 26 and the city was heavily in debt. He stated
that this administration has, by careful management, greatly improved the financial
condition of the general fund and the water /sewer fund, and also reduced the millage
to 16 mils. Due to the county reappraisals he announced that the City Council .
wishes to further reduce the millage. Councilman Fleetwood, chairman of the finance
committee, spoke briefly, recommending a reduction. He stated that the recent boom
in building will not affect the tax digest this year - he questioned whether the city
should have greater input on appraisals and more access to the county tax processes.
He then moved that the millage rate for FY 81/82 be set at 12 mils, which is a reduc-
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tion of 4 mils, and that this reduction be reflected in the November billing.
Councilman Owen seconded the motion which passed unanimously. Councilman Fleetwood
then stated that his goal is to reduce ad valorem taxes even more sharply in future.
Councilwoman Meyers had been scheduled to present the next item on
the agenda; in her absence a statement from her was read expressing her support
for the Jaycee Park improvements grant. Councilman Fabrikant then explained that
bids for the project had been advertised and that the low bidder was APACO of GA
with a base bid of $55,866.40 and a bid bond of 5 %. The base bid plus additives
Correekio• c 5715-240. y ° 65ar►,c 44444 s (rm- 4414+44) egic.
total from APACO was $64,236.40. Unexpended budgeted funds for this purpose total
$52,770.44 (half of this amount will be reimbursed by the grant.) It was noted
that the county recreation committee had voted to provide $25,000.00 for this and
other projects (widening of Second Avenue) with a special provision that at least
part of the $25,000.00 be expended on improvements for Jaycee Park. This money
has never been forthcoming; Mr. Arnie Seyden, chairman of the Recreation Board,
has prepared a letter to the Recreation Commissioner to call his attention to these
promised funds. Councilman Fabrikant suggested that perhaps the Council should
also request help from this source, by means of a letter signed by the Mayor. If
even a portion of such funds is received, the project will be completed within the
budget. Councilman Fabrikant further stated that he believes that the Council
should approve the project even if it runs two or three thousand over budget because
he believes it is something which the people need and will appreciate. He then
moved that the low bid be accepted and Councilman Bettencourt seconded. Councilman
Fleetwood asked if the project can be delayed; he is concerned about cash flow in
the next few months with so many necessary capital budget items underway. There
being no further discussion a vote was called and the motion passed with four affirm-
ative votes and one abstention (Councilman Fleetwood).
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Councilman Fabrikant then informed everyone that bids have been
solicited via newspaper advertisement for a contract to haul solid waste from
the city's solid waste management transfer station to the City of Savannah land-
fill. He stated that Thompson Sanitation has presented a reasonable bid price
of $70.00 per haul, with the city paying dump charges at Savannah landfill. He
estimated that the total cost would be approximately $100.00 per dump (landfill
charges are currently $6.20 per ton). Councilman Fabrikant further stated that
this firm operates closer to our island and is the firm he would personally pre-
fer to negotiate a contract with through the city attorney. Councilman Fleetwood
moved that authority to negotiate a one -year contract be given, Councilman Betten-
court seconded and the motion unanimously carried. It was noted by Councilman
Owen that Mr. Thompson would have a personal interest in seeing that the facility
is operated efficiently since he is an adjoining property- owner, and some of the
nearby residents are worried concerning odor, litter and related problems that
might develop at the site.
Councilman Fleetwood then explained that the grit collection system
at the wastewater treatment plant can be put in satisfactory operating condition
with a new design recommended by the Thomas & Hutton Engineering Company. The
cost of the system is $25,800.00 for one E & I Corporation horizontal and inclined
catenary grit collector driven by a 1/2 HP motor. He then moved that this equip-
ment be purchased and installed as soon as final approval is received from EPD.
Councilman Fabrikant seconded and the motion passed unanimously.
Councilman Fabrikant then explained that the city has received a
LARP contract for repair and levelling of Jones Avenue from Seventeenth Street to
Second Street. Mr. Fabrikant expressed his appreciation for the help given the
city by the Department of Transportation and moved the acceptance of the contract.
Councilman Owen seconded and the motion carried unanimously.
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Councilman Fleetwood then informed Council that a request has
been received from Benjamin and Richard Eichholz for a revocable license for
a dune crossover structure to be located eastward of a proposed duplex which
they plan to build on property located on the strand between Twelfth and Thir-
teenth Streets (Eastern portion of Beach Lot #76). He added that the Coastal
Committee had refused to issue a permit for the project at their meeting on
September 8th, and that the plans will be revised. He suggested that the re-
vocable license be granted with the condition that the crossover structure be
placed at a location considered acceptable to the Coastal Committee, and design-
ed to meet standards of the Coastal Protection Section of the Department of
Natural Resources. He then moved that the license with the restrictions named
be granted. The motion was seconded by Councilman Owen and unanimously carried.
A bid for sewer construction on Chatham Avenue has been received
from Barfield Company. Other bids were solicited but no others have been re-
ceived to date. Barfield`s bid is estimated at $9500.00, guaranteed not to ex-
ceed $10,000.00 and includes paving provided asphalt is supplied by the city.
Councilman Fabrikant stated that this is an emergency situation and that it
should be done as soon as possible. He further stated that another serious
condition exists near the corner of First and Butler where sewer lines and storm
drains are both in need of repairs. He suggests that Barfield be awarded this
contract also, which he will do at cost plus twenty percent. No firm figures
can be given for the job because it is not known how extensive the damage to the
pipes is. Councilman Fabrikant, after a short discussion among the council
members, moved that both bids be accepted and that the Mayor be authorized to
contract with Barfield Company. The motion was seconded by Councilman Owen and
passed without dissent.
Councilman Bettencourt then called the group's attention to the
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fact that variances and re- zoning requests are more frequent than ever before.
He stated that he believes all such petitions should come to the City Council
for final approval, and that no approval be given without a waiting period of
at least thirty days. There was some discussion, and favorable comment. Mayor
Counihan suggested that this might be better discussed with the boards prior to
acting and Mr. Bettencourt withdrew his motion, asking that Council consider
this matter carefully.
Councilman Bettencourt then moved that all quit claim deeds brought
to Council for action be delayed for thirty days for investigation both by members
of Council and by the City Attorney. Councilman Fabrikant seconded this motion;
the vote was four in favor with one abstention (Councilman Fleetwood).
Mayor Counihan informed the audience that the solid waste manage-
ment facility will probably begin operation within four to six weeks. He re-
minded everyone that the city does have a $50,000.00 matching funds grant from
the State of Georgia to help with the expenses of establishing this new system,
which he believes will serve the City of Tybee Island and its citizens well.
There being no further business, the meeting was adjourned.
t)4°""j--€)4"4°14Ats7
MAYOR
CLERK OF OUNCI
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RESOLUTION OF RESPECT
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WHEREAS, on the 23rd day of June, 1981, death brought to a close the active
life of William Henry Kelly; and
WHEREAS, William Henry Kelly has, through his foresight and zeal for the
advancement of this community, earned the affection of the people
of Tybee Island, Georgia; and
WHEREAS, as President of the Tybee Island Optimists Club for 1979/80 he led
our local Optimists to the high achievement of being designated an
"Honor Club "; and
WHEREAS, the life of the community was also enriched by his serving as Chairman
for the Governor's All Star Community Program and by his effective
leadership as President of the Tybee Island Chamber of Commerce in 1979;
and
WHEREAS, the stature he gained in this community by his monumental achievements
and by his exemplary life was recognized during his lifetime;
BE IT THEREFORE RESOLVED, that the. Mayor and City Council of the City of Tybee
Island, Georgia, does, by this resolution and public record, recognize
the profound influence of General William H. Kelly upon the development
of Tybee Island, Georgia, recognizing further that his death is a distinct
loss to the City in which he won such deep respect and affection.
AND BE IT FURTHER RESOLVED, that this resolution be spread upon the minutes of
the Council and a copy thereof be presented to his wife, Mrs. Hannah
Reisman Kelly, in recognition of General Kelly's respected place in this
community.
MICHAEL JOSEP
MAYOR
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BOBBY PHILLIPS
Representative, District 125
9219 Melody Drive
Savannah, Georgia 31408
Telephone: 912 -233 -7981
poust of Pyresentatitito
Atlanta. (itorgia
August 21, 1981
Honorable Michael J. Counihan
Mayor, Tybee Island
Post Office Box 128
Tybee Island, Georgia 31428
Dear Mr. Mayor:
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COMMITTEES
HEALTH & ECOLOGY
General Health
INDUSTRIAL RELATIONS
RULES
I received your letter of August 17th, as well as the copy of
the letter you sent to Senator Wessels. First, let me say that I do
acknowledge that I owe you and the council an apology for not con-
tacting you about this myself. I assure you that I certainly would
have talked to you and council before any legislation had been intro-
duced, but I should have talked to you prior to even running the add.
As I advised you, I had been contacted by several local people who
were introduced in the upcoming Mayor's race and was asked that I
consider introducing legislation to amend the charter. I had advised
these people that I did not think this could be accomplished during
the special session, but at their request, I inserted the add in the
local paper.
I agree with your letter that courtesy would require that the
City Council have imput to the legislative process. I appreciate
your providing me with your opinion and I certainly will weigh that
matter carefully. I believe that you know that I have worked very
closely with you and the council over the past three years and hope
to continue to do so. I regret the manner in which this issue devel-
oped and trust that it will not hamper our future relationship.
Once again, please accept my apologies for my short sightedness
in not getting to you sooner and I assure you that I will make every
effort to advise you of any proposed changes that would affect your
municipality in the future.
With warm personal regards, I remain
BP /sc
cc: Rowena Fripp
Sincerely,
Bobby illips
PHYLLtS L. CARY
CITY TREASURER
ROWENA B. FRIPP
CLERK OF COUNCIL
ES E. McALEER
CITY ATTORNEY
ROBERT R. COOK
RECORDER
PHONE 786 -4573
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M. J. COUNIHAN MAYOR
Executive Offices — City Hail
P. O. Box 128
TYBEE ISLAND. GA. 31328
August 17, 1981
State Representative Bobby Phillips
9219 Melody Lane
Savannah, GA 31406
Re: Advertisement for Charter Change
Dear Sir:
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COUNCILMEN
NICK C. ALEXANDER
JEROME W. BETTENCOURT
JAMES L. FABRIKANT. JR
WILLIAM C. FLEETWOOD
JULIANNE J MEYERS
JOHN J. OWEN
Last week I was made aware, by a local news person, of an advertisement concerning
a request for a change in the city charter of Tybee Island. It is usual for the
city to bear the expense for such an advertisement; may I ask to whom the charges
will be billed?
Councilmen Owen, Fleetwood, Fabrikant and Bettencourt, and Councilwoman Meyers
join with me in expressing our strong disapproval of any attempt to change the local
municipal charter in this manner.
It is our carefully considered opinion that the qualifications for candidates are,
as presently written, entirely fair and unbiased, and that these qualifications are
in the best interests of the citizens of this municipality.
As the elected representatives of our citizens, we believe that courtesy requires
that our opinion should be sought on any issue concerning our city's charter. Be-
cause we serve in this capacity, we believe we have the duty, and the right, to ask
that this ill- conceived change be dropped immediately.
Thank you.
Sincerely,
/4441.4°L,(31L44441441'*C-
Michael J. Counihan
Mayor
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DOT 508 -C REVISED 4 -72
RESOLUTION ECR COVERING ACQUISITION OFDVEtHI U RE TRAFFIC ON HIGHWAY WITH
CONS RUCTION PROJECTS
ENCROACHMENTS AND REGULATION
GEORGIA, Chatham COUNTY
the Department of Transportation in cooperation with the County of
WHEREAS, Seventeenth St. e`'aiiiii
Chatham desires to construct a road between ones Ve.
and ..>econ ,721§153E , known as ]4147�MgXlKitdX6U} OMX
in a . '1111 County.
AND, WHEREAS, the project will extend within the corporate limits of the municipality,
town, or city of `I%bee 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 saidfmunicipality, l ant of he
legally authorized agents of such do hereby agree to procure
III
Chatru3lT1 in accord
Transportation in cooperation with the County of hh of way that , I accord
the
with pertinent agreements and regulations, any and all rights t ct may, construction and
opinion of the Department of Transportation be necessary to the proper rns made by engineers
maintenance of the above named project and according to survey and plans
the Department of Transportation, within the limits of said municipality.
And in consideration of the construction of said Highway within the incorporated limits
agrees to remove any
of said municipality, the City ofhruvided in pertinent agreements and to prevent
existing structures or obstructions as provided any future encroachments upon the right of way limits of said Highway ot covered by
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permits duly issued by the Department or the City;
and furthermore agrees, obligates,
and binds itself in accordance with Title 68 Georgia Code it will not any
laws, rules, regulations, or ordinances which will penalize, hinder
andee parking, obstruct
erect
free movement of vehicular traffic on said Highway, without written no cerect
any traffic signals, towers, or lights on the said right of way
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 swtisP actoryutility
etstecompanies
repairand exceptiwheredepartments
thie phase
to place underground plants in a
of work is covered by agreements.
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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 ditions, and to defend all suite that may arise by virtue thereof.
This day of
COUNCIL:
I hereby certify that I am
be) of the official acts of the
said municipality; and the wi
resolution passed on the
on the minutes of said o icers.
Clerk of the city, town, or municipality, (as the case may
authorities charged with the management of the business of
and forego constitute a true and rrect copy of a
_day of ,19 y- / , and entered
This the
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STATE OF GEORGIA
CHATHAM COUNTY
PLAT Of A FO RT /OA/ Of THE ABANOOk/ED RIGHT - Of - WAY Of
GEORGIA N /&HWAY No. 26 ADJACENT TO LAZA26TTO CREEK..
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DATE: AUGUST 24, 1981
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