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19810909CCMeeting1 1 48 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; 1 49 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 1 1 50 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- 1 1 1 51 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). 1 52 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. 1 1 1 53 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 1 1 1 54 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 1 1 RESOLUTION OF RESPECT 54 -A 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 1 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: 54 -B -1 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 1 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: 54 —B -2 ' 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 1 MJC /rf 1 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 y 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. 1 1 54 -C -2 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 • AF 55595 En Ott. G. 'Mt TM `• 41w dim P rrt N 8 °- /5‘ _ � e l OVERHEAD _ POWER. _ L /NE 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.. o • 0 �1 �,;, - -D tVawAYS , I 3/7.54'1 4 / P 4(1' of co • o� ASPHALT PAVEMENT w'. 0' I t° ; ¢�aNK G. MArHEw4,.JR i��iiiiiii�i��ii f2AME BLDG ,0 OR WAYS — • sE r .9/7 54' -�— $ 82° — /5 • N/ �1 NOW OR. FO.RMEMLY HAILLY 1: 9OAEb4, 6IZ, MRS.AUGUSTVS G, OAR-TER- FO/Z: MARINE RE5 E 5QUADQo,) 1 -A DATE: AUGUST 24, 1981 SCALE / = 60,0 o' GOB /o BARRETT LAND SURVEYING, INC. SAVANNA Q!!fRGIA E.O.C. FIELD / � /Nf "ERRORIPOINT „ ADJ. METHOD E.O.C. PLAT 1./ /A/A 20" TRANSIT ✓ 100' TAPE ✓ E.D. F. R.