Loading...
19811209CCMeeting1 1 1 Tybee Island, Georgia December 9, 1981 A regular meeting of the Tybee Island City Council was held at 3:30 p.m. on Wednesday, December 9, 1981 at the Tybee Island City Hall. Mayor Michael J. Counihan presided and the following members of Council were present: Nick C. Alexander, Jerome W. Bettencourt, Julianne J. Meyers, John J. Owen, Jr. and William C. Fleetwood. James L. Fabrikant, Jr. was absent, as was the City Attorney, James E. McAleer. Mr. Ray Gaskin of Mr. McAleer's firm acted in the absence of Mr. McAleer. The first visitor to speak before Council was Mr. Dean Nichols who is a property owner residing at 1806 Chatham Avenue since November, 1980. He explained that he recently experienced flooding from unusually high tides which filled the open ditch on 18th, which flowed over into an undeveloped section of Lovell Avenue and from there onto his property. He asked that if the drainage cannot be repaired he be given permission to erect a dike to protect his property from this overflow, which reoccurs on every extreme high tide. Mayor Counihan stated that Council is looking into the drainage problems in his area, and will take this information into consideration. Mr.' Nichols further informed the Council that there is a 11/2 inch breach in the sea wall at the south end which he requests be fixed, he believes this can be accomplished with very little expense. Councilman Fleetwood replied that a cost estimate will be made and the work done if feasible. The next visitor was Mr. Jeffrey T. Schroeder, manager of the Dobbs House at the airport. He is requesting permission to start a food and beverage business using a location next to Beach Drugs as a permanent kitchen and operating from two carts, in permanent spots if so required. Mayor Counihan explained that the Council has always been reluctant to grant this type of license believing that it leads to peddling which could be very hard to control under conditions such as we experience during the summer season. Councilman Alexander explained that restaurants must have permanent water and sewer connections and this would eliminate portable carts, in his opinion. After some further discussion on the part of Mr. Schroeder and others, Mayor Counihan stated that the Council will take the request into consideration. There being no other visitors the meeting was opened for business legally presented and the minutes of the previous meeting were approved as 1 66 written. Bills for the month of November, 1981 were approved as follows: General Government - $5,123.05, Parking Meters - $38.05, Police Department -- $1,399.89, Fire Department - $1,304.41, Sanitation - $580.89, Public Works - $3,805.03, Recreation - $608.37, Ceramics - $608.85, Sewer Department - $6,575.50 and Water Department - $1,913.63. In addition, other expenses amounting to $570.94 were approved for payment. Under Committee Reports Mrs. Meyers stated that the Fire Department has adapted the used pumper recently purchased and has released the old pumper to the DPW to be used for flushing drains, etc. Also under Committee Reports Councilman Fleetwood informed Council that the North Beach restrooms have been vandalized again - he believes these restrooms should be closed for the winter. Mayor Counihan concurred, stating that he believes the parking lot itself should be closed off during the winter. Councilman Bettencourt agreed, stating that he believes a community watch would be of help in stopping vandalism. He stated that he believes we can depend on the public to want to solve the problem because they pay taxes, and it is their tax dollars that are being wasted. Councilman Owen remarked that there are no immediate neighbors at North Beach parking lot. Councilwoman Meyers announced that the 911 emergency number is in service and that the city is very proud of being the first in Chatham County to offer this service. The first item on the agenda was a petition from BEVA Construction Company for a variance from the flood damage control ordinance. There was a statement from Mayor Counihan that, in the absence of the City Attorney, and with no written communication from the Federal Emergency Management Agency, he suggested that the petition hearing be postponed for one month, until the next regular meeting. City Council unanimously concurred with his suggestion. The next item on the agenda was a request for a quit claim deed, with resolution, for property known as PIN # 4 -02 -20 -006, or Lot 19, Block 11, Fort Screven Ward. Copies of the documents are attached to, and become a part of, these minutes. Mr. Gaskin, acting for Mr. McAleer, stated that the quit claim was in order and Councilman Fleetwood moved approval inasmuch as all current taxes are paid. Councilman Owen seconded and the resolution passed unanimously. Mayor Counihan announced that two vacancies have occurred on the Recreation Board due to expiration of terms. In each case the Board member 1 1 67 has declined reappointment. He then recommended to the Council the names of Mrs. Ann Bond and Mr. Dennis Billew as his nominees for the Recreation Board. These names were unanimously approved by the City Council and each will be asked to serve a four -year term, beginning in December, 1981. Councilman Fleetwood stated that a Revenue Sharing budget for Entitlement Period #13 (October, 1981 through September 30, 1982) in an estimated amount of $41,265.69 should be adopted. In view of Council's earlier public hearing, and of the urgency of certain problems noted by Council at that time, he recommended that the entire amount be allotted to drainage improvements. This, with earlier Revenue Sharing funds so allocated but not yet expended, will total approximately $67,033.13 from this fund for this purpose. After some discussion Councilman Fleetwood expanded his recommendation into a motion. Councilman Owen seconded, expressing hopes that this action will help toward getting state and federal aid for beach erosion control. The motion passed unanimously. There being no further business the meeting was adjourned. CLERK OF COUNCIL A"litlf) • 6. 1 1 CC: Mr. McAleer 11/23/81 FRANK B. ZEIGLER HAROLD A. WATERS L. R. WINTERS. JR. DAVID E. ZEIGLER ZEIGLER, WATERS, WINTERS AND ZEIGLER, P.C. ATTORNEYS AT LAW, 1515 ABERCORN STREET SAVANNAH, GEORGIA 31401 November 19, 1981 Clerk of Counsel City of Tybee Island City Hall Tybee Island, GA 31328 Dear Sir: 67 -A -1 TELEPHONE NO. 234 -4473 AREA CODE (91 2) Enclosed is petition, resolution, and Qu.it:. 3 ,,m 7nebd in the matter of a tax sale of property at Tybee.Islaiettlown as Lot 19, Block 11, Fort Screven Ward. The property was sold at a tax sale in 1965 as the prop- erty of the estate of R. Lester Gruver, by deed recorded in Book 89 -F, folio 211. A copy of that deed is enclosed. The property went from the estate of R. Lester Gruver to Florence Meree Gruver by Assent to Devise recorded in Deed Book 81 -V, folio 145. Mrs. Florence Meree Gruver conveyed the property to her daughter, Christine Gruver, by Gift Deed recorded in Deed Book 82 -D, folio 21. Mrs. Christine Gruver then conveyed the property by Gift Deed to her two daughters, Joyce D. Cornelius and Barbara Brooks, by deed dated August 28, 1975, and recorded in Record Book 105 -0, folio 81. My examination of the records of Chatham County, Georgia discloses that the title to the property is still in Joyce D. Cornelius and Barbara Brooks. As present owners of the property, Mrs. Cornelius and Mrs. Brooks would like to straighten out the matter of.the tax sale. I have checked with the Tybee Island City Hall and am told that no taxes are due on the property. Mrs. Cornelius and Mrs. Brooks also inform me that all taxes have been paid. In view of this, I would appreciate your filing my petition for Quit Claim to the present owners. If you need anything further in this matter, please advise. FBZ/abt Enclosures Sincerely, _e_0(13 Frank B. Zeigler Attorney at Law v 1 67 -A -2 STATE OF GEORGIA TO THE HONORABLE MAYOR AND ALDERMAN OF COUNTY OF CHATHAM THE CITY OF TYBEE ISLAND Now Comes JOYCE D. CORNELIUS and BARBARA L. BROOKS, and requests that your Honorable Body reconvey real property in the City of Tybee Island, Georgia, known and designated as Lot 19, Block 11, Fort Screven Ward, to Petitioners, who show to your Honorable Body the following facts: 1. That Petitioners are the owners of the captioned property by virtue of a Gift Deed from their mother, CHRISTINE GRUVER CORNELIUS, by deed dated August 27, 1975, and recorded in Record Book 105 -0, folio 81. A copy of said deed is attached hereto. 2. That said property was conveyed to the City of Savannah Beach, now Tybee Island, by Chief of Police of Savannah Beach, for failure to pay taxes for the year 1964. Said property was sold as the property of the estate of R. Lester Gruver. 3. Having redeemed said property and paid all taxes, costs, and interest due the City of Tybee Island, formerly Savannah Beach, Petitioners now respectfully request that the Mayor and Alderman of the City of Tybee Island, by appropriate resolution, authorize and direct the Mayor of said City to execute a Quit Claim Deed reconveying said property to your Petitioners, the rightful owners thereof. FRANK B. ZEIGLER ?attorney for Petitioners 1 1 67 -A -3 R E S O L U T I O N WHEREAS, On October 21, 1965, the Chief of Police of the City of Savannah Beach conveyed to the Mayor and Alderman of the City of Savannah Beach real property known as Lot 19, Block 11, Fort Screven Ward, Savannah Beach, Tybee Island, Chatham County, Georgia, for past due taxes for part of the year 1965, and, WHEREAS, the rightful owners.of said property, JOYCE D. CORNELIUS and BARBARA L. BROOKS, have redeemed said property by paying all taxes due to the City of Tybee Island, formerly Savannah Beach, for the said year, together with all costs attendant to said sale, and, WHEREAS, by virtue of said redemption, the said owners have petitioned the Mayor and Alderman of the City of Tybee Island to reconvey by Quit Claim Deed the said property to the Petitioners as the rightful owners thereof. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND ALDERMAN OF THE CITY OF TYBEE ISLAND, IN COUNCIL ASSEMBLED, that said property known as Lot 19, Block 11, Fort Screven Ward, Tybee Island, Chatham County, Georgia,'be and the same is hereby Quit P Claimed to the said JOYCE D. CORNELIUS and BARBARA L. BROOKS, as the rightful owners thereof and the Mayor and Alderman of the City of Tybee Island, formerly Savannah Beach, relinquish all title to the same, and the Mayor of the City of Tybee Island is hereby authorized and directed to execute a Quit Claim Deed to the said above and within named owners and deliver same to them in order to carry out the purpose of this Resolution. 1 1 1 STATE OF GEORGIA QUIT CLAIM DEED •COUNTY OF CHATHAM This Indenture, made and entered into this � day of• •& C,yy1.("L� , 1981, by and between the Mayor and E,ldermar, of the City of 'Tybee Island, formerly Savannah Beach, a Municipal Corporation created and existing under the laws of Georgia, as party of the first part, and JOYCE D. CORNELIUS and BARBARA L. BROOKS, parties of the'second part: WITNESS] 1'11: THAT WHEREAS, on October 21, 1965, the Chief of Police of the City of Savannah Beach, now Tybee Island, conveyed to the Mayor and Alderman of the City of Savannah Beach, the real property hereinafter described by virtue of a sale of said property for the delinquent taxes due for the year 1965, the purpose of said conveyance being_ to protect the tax lien of said City, and WHEREAS, the rightful owners of said property are the second parties herein, they having obtained said property by Gift Deed from CHRISTINE .GRUVER CORNELIUS, by deed dated August 27, 1975, and recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Record Book 105 -0, folio 81, and the second parties herein have petitioned the Mayor and the Alderman of the City of Tybee Island for a Quit Claim Deed to said property, they having paid all taxes, costs, and interests due on said property, thereby redeeming said property, and, 67 -A -5 WHEREAS, pursuant to said petition the Mayor and Alderman of the City of Tybee Island, passed a resolution Quit Claiming said property to the said parties of the second part as the rightful owners thereof. NOW THEREFORE, for and in consideration of the payment of the taxes, interest and cost hereinbefore referred to and by virtue of the Resolution of the Mayor and Alderman'of the City of Tybee Island, as.hereinabove set forth, the party of the first part herein has remised, released, and forever Quit Claimed and by these presents does hereby remise, release, and Quit Claim unto the said parties of the second part, their heirs and assigns, all of the following described real property, to wit.: All that. certain lot or parcel of land situate, lvinq and being in the Town of Tybee Island/ormerly Savannah Beach, Chatham County, Georgia, and known and designated upon the map or plan of said Town of Tybee Island, and upon map made in March, 1946 by W. J. Lynch, Registered Professional Engineer, for the Fort Screven Development Company which map is of record in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book A, folio 94 -D, Detail Sheet No. 2, as Lot Number Nineteen (19), Block Eleven (11), Fort Screven Ward; said lot hereby conveyed being bounded and having measurements as follows: Northwardly by Lot 16 and.portion of Lot 17, said Block and Ward, on which boundary it has a measurement of 100 feet, more or less; Eastwardly by Lot 13 and portion of Lot 12, said block and Ward, on which boundary it has a measurement of 97.84 feet; Southwardly by an unnamed Street or lane, on which boundary it has a measurement of 128.05 feet; Southwardly by Palmwood Street where it adjoins Railwood Avenue, on which boundary it has a measurement of 38.50 feet; and Westwardly by Lot 18, said Block and Ward, on which boundary it has a measurement of 80.50 feet. TOGETHER with all and singular the improvements, yards, gardens, easements, hereditarnents, rights, members, and appurenances to the sa.rne belonging or in anywise appertaining. TG HAVE AND TO HOLD the said property above described unto the said.. parties of the second part, their heirs and assigns, so that neither the said party of the first part or any person claiming under it shall have any right, title, or interest in or to the same. 1 1 1 73 -F -1 STATE OF GEORGIA * COUNTY OF CHATHAM * AGREEMENT AS TO SANITARY WASTE This agreement entered into on the sixth day of January, 1982, by and between the City of Tybee Island, Georgia, Party of the First Part and Thompson Sanitation Service, Inc., Party of the Second Part. WITNESSETH that the City of Tybee Island, hereinafter called the "City" and the contractor Thompson Sanitation Service, Inc., hereinafter referred to as the "Contractor ", for the consideration herein named, agree as follows: ARTICLE I That the contractor shall remove and haul to the City of Savannah's Land Fill, all garbage that the "City" has placed in their compaction containers. The Contractor shall furnish all labor and equipment sufficient for the removal and return of the containers and the supervision necessary to fully perform the services. The Contractor shall remove the containers as often as necessary, or upon request by an official of the City of Tybee Island. Upon request by an official of Tybee Island, the Contractor shall remove the container within four (4) hours of the request unless a request is made after 2:00 p.m. on a given day, then the Contractor shall remove the container during the first four (4) hours of the following day. B. COMPENSATION The City shall pay to the Contractor Seventy ($70.00) Dollars for each load of garbage that is removed and hauled to the City of Savannah's Land Fill. C. TERM OF CONTRACT, EFFECTIVE DATE OF CONTRACT The term of the contract shall be for a period of one (1) year from the effective date of the contract. The effective date of this contract shall be January 6, 1982. D. ASSIGNMENT No assignment or transfer of this contract, or any part thereof, nor assignment of monies due under this contract, shall be made by the contractor without the written consent of the city duly endorsed on this contract. E. SUB - CONTRACTING 1 1 IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed in its corporate name, by its officers thereunto duly authorized on the day and year first above written as the date of this instrument. Signed, Sealed, and Delivered in the presence of: x�r 1-1e..' zt� rl 19.1- 1tness ;) f) Notary Public, Chatham County, Georgia THE MAYOR AND ALDERMAN OF THE CITY OF TYBEE ISLAND //,2,74-4,1 Attest: RK OF COUNCIL •