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19820113CCMeeting1 1 68 Tybee Island, Georgia January 13, 1982 The regular monthly meeting of the Tybee Island City Council was held on Monday, January 13, 1982 at 3:30 p.m. at Tybee Island City Hall. Mayor Michael J. Counihan presided and the following members of Council were present: William C. Fleetwood, James L. Fabrikant, Jr., Julianne J. Meyers, Jerome W. Bettencourt and Nick C. Alexander. Councilman John J. Owen, Jr. was absent. Mr. Ray GAskin provided legal counsel in the absence of Mr. James McAleer, City Attorney. At the beginning of the meeting Mayor Counihan caused a Proclamation to be read, declaring the week of January 17 through 23 to be Jaycee Week. A copy of this proclamation is attached to, and becomes a part of, these minutes. It was announced that the petition from Beva Construction Company requesting a flood elevation variance is postponed as,the petitioners are not present today. The petitioners will be contacted before the next meeting and, if they so desire, the petition will be heard at that time. The next item on the agenda was a petition for re- zoning from R- 1 to Planned Unit Development. The petitioner, Roy L. Tyler, III is an agent for the owner, Harris Parker. Brent Savage of the firm Adams, Adams, Brenner and Gardner represented the petitioner and gave a brief explanation of the project. He referred to a report prepared by MPC for the Tybee Island Planning Commission and reiterated that there are no restrictive covenenants on this land as there are on nearby parcels of land in the same area. He introduced Tom Trochek, engineer and Mr. Spriggs, architect for the project. Mr. Trochek quoted from a report prepared by Hussey Gay & Bell for Lighthouse Point, Inc. which showed water pressure of 890 gpm, evaluated by the engineering firm to be more than adequate for water pressure and fire protection. He stated that the sewer plant is also considered adequate, that in fact it has never been operated at capacity. Mrs. Jean Kehoe, neighboring property - owner, asked when studies were made - she stated that there is quite a difference between winter and summer usage. She also asked about problems at the sewer treatment plant. Councilman Fleetwood answered that there have been maintenance problems at the sewer plant, and that these should soon be corrected by the installation 1 1 69 of new equipment which is already ordered. The next speaker was Mr. Ed Lee, attorney for another adjacent property owner, Dr. Dailey. Mr. Lee stated that he will speak for Dr. Dailey and for other residents who are opposed to such a development in the neighbor- hood. He passed around photographs of the neighboring houses stating that all are single family residences, most representing a substantial investment on the part of the owner. Mrs. Louise Shaw spoke of her concern with rising costs, asking if this sort of development might cause fire rates to go up. She also noted that taxes have increased, and stated her belief that older people on limited budgets may be forced out of their lifelong homes by multi - family development and rising taxes. Dr. Dailey and Joe Agnew also spoke against the project, stating that everyone owning property along the street is opposed to multi- family development. Mr. Bettencourt asked when Mr. Harris Parker purchased the land on which he wishes to build the townhouses. Mr. Savage, attorney for the petitioner, answered that the land was purchased in 1979. Mr. Bettencourt asked if Mr. Harris was aware that the land was zoned R -1 and Mr. Parker himself answered "yes ". Mr. Bettencourt then asked if the project contains facilities for recreation and was answered that a playground, and possibly a pool will be built. Mr. Spriggs spoke explaining that the development is intended to be quality- built, year -round homes, and is designed so as to enhance the aesthetic value of the location. He explained that the site, being long and narrow, will not dominate the neighborhood, and that natural landscaping compatible with surrounding areas is planned. He stated his belief that the project could be a good neighbor to existing single - family residences. More neighbors spoke, including Mrs. Coleen Lee and Mrs. Jean Rehoe. Concern about traffic on an inadequate dirt street and about water and sewer adequacy were raised. Jim Lynes, member of the Tybee Island Planning Commission spoke of the commission's concern with fire protection. He also explained that no sewer line is available on that side of Bay Street. As a resident of the south end of the island he expressed dissatisfaction with present water pressure. The engineer for the project stated that sewer can be run to the location without a problem. Byron Twigg asked what the Planning Commission's recommendation was; it was answered that Councilwoman Meyers, who also serves on the Planning 1 70 Commission, will report on their decision. Mr. Spriggs indicated that most objections could be handled when actual construction plans are developed. He stated that the condition of the road will still be an issue, even if development is limited to single family residences. Mr. Ed Lee spoke again, summing up the objections of the neighbors, stating again that adjacent homes represented a substantial investment, in many cases the primary asset, of neighbors and will greatly depreciate the value of their homes. He stated that four - stories is very tall and will dominate and change the character of the neighborhood due to spot zoning. Councilwoman Meyers then reported that the Planning Commission, concerned with adequacy of services and with limited monies for study of same, recommended denial by a vote of five to one. Councilman Alexander stated that the waste water treatment plant is being modernized and will soon be in first -class condition. He further stated that he believes the proposal for multi - family development along this portion of Bay Street could be called spot- zoning, and that he is always against spot- zoning. Councilwoman Meyers moved the petition be denied. Councilman Betten- court seconded and the motion carried unanimously. Mayor Counihan then asked if any visitors wished to speak on other issues. The first visitor was Mrs. Janice Nichols who asked about the Eighteen- th Street drainage project. She was told that Mr. Fabrikant will have a report on the status of the project a little later in the meeting. The second visitor was Mr. Patrick J. Farrell who has requested a business license to operate a concession to rent para -sail rides. The operation would require the use of a boat and there was some discussion of the state law involved. Mayor Counihan appointed a committee - Councilmen Fabrikant and Alexander and Councilwoman Meyers - to investigate this request. The meeting was then opened for business legally presented. The minutes of the meeting of December 9, 1981 were approved as written. Bills for the month of December, 1981 were approved as follows: General Government - $857.59, Parking Meters - $.99, Police - $2,185.48, Sanitation - $954.91, Public Works- $1,633.47, Fire Department - $510.89, Ceramics - $53.57, Sewer Department - $3,785.48, Water Department - $1,716.54, and Other Expenses in the amount of $1.98. 1 71 While bills were being discussed Councilman Fleetwood suggested that bids be taken in future for gasoline. Councilman FAbrikant concurred and added that fuel bills have already been reduced this year compared to the past fiscal year. The following letters were read and accepted as Communications. Copies of each are attached to, and become a part of, these minutes. (1), A letter to Governor Busbee from Mayor Counihan, dated December 16, 1981, and requesting the budgeting of funds for erosion control (2) Governor Busbee's reply denying funds for erosion control in the State FY 83 budget, dated December 31, 1981. (3) A letter from Arnold J. Seyden, Jr , Chairman of both Planning Commission and Recreation Board, dated December 18, 1981. (4) A letter of resignation from Mr. Charles Worden, Planning Commission Member, dated December 31, 1981 (5) A letter of resignation from Mrs. Catherine Owen Anderson, Registrar, dated January 7, 1982. Mayor Counihan then offered the following candidates for appointments to fill vacancies: (1) Mr. Frank Mills was nominated to fill the vacancy on the Planning Commission created by Mr. Worden's resignation. Councilman Fleetwood moved his acceptance, and Councilman Fabrikant seconded. Vote was unanimously in favor. (2) Mrs. Marion Dean was nominated to be the Planning Commission representative on the Zoning Board of Appeals, to serve concurrently with her Planning Commission term. Councilman Fabrikant moved her acceptance, Councilman Fleetwood seconded and the motion passed unanimously. (3) Mrs. George McDonald was nominated by Mayor Counihan to serve as Registrar, filling the position made vacant by Mrs. Anderson's resignation; Councilman Fabrikant moved her acceptance, Councilwoman Meyers seconded and she was accepted unanimously by the City Council, to serve an indefinite term, at the pleasure of the Mayor and Council. Councilman Alexander then reported that he has information concerning sand and grit removal from the aeration chamber at the treatment plant. He recommends that Collins Construction Company, low bidder for major work at the plant, be allowed to extend the work to cover this needed operation. He explained that it could be done with city labor, but the length of time involved would probably considerably increase the expense, and that Collins had stated that they could complete the job in one week for approximately $4630.00. He added that he'd like to talk with the engineers further before 72 actually accepting this proposal. Councilman Fleetwood stated that he believes Councilman Alexander should be given the power to act after investigation. This was agreeable to all, and Mr. Alexander was told to proceed, using his own best judgment and the opinion of the consultant engineer. Councilman Fabrikant reported that the transfer station began opera- tion last week, and that the contract for the haul was executed at that time. Thompson Sanitation Service, Inc. is the carrier and a copy of the signed contract is attached to, and becomes a part of, these minutes. It was further noted that the gates will be kept locked to prevent public access and that the operation has, thus far, been very satisfactory. Councilwoman Meyers reported that a new system of preventive mainte- nance has been introduced and will be repeated every six months. Some simple maintenance tasks on the fire trucks will still be done by the volunteer firemen. Councilman Fabrikant stated that he has received a report on the 18th Street drainage which was investigated by John Hutton and Tommy Reed. Regular maintenance is recommended, installation of a flapper valve in one location, and replacement of at least 100 feet of storm sewer line. Councilman Fabrikant recommends more study before a committment to replacement is made. He believes that if the final 100 feet is in poor condition, other portions may also need replacing. Councilman Alexander agreed, stating that re- routing of the line is going to be necessary, in his opinion. Councilman Fabrikant asked Councilman Alexander to work with him in seeking the best solution, and a later report to Council will be made. The annual contract for Housing Inspections was discussed. Councilman Fleetwood explained that the city has contracted with the Chatham County Health Department for this service for a number of years, and he moved that this new contract for calendar year 1982, in the amount of $1,247.93, be adopted. Councilwoman. Meyers seconded and the contract was unanimously accepted. Councilman Alexander then requested that the City Attorney advise Council concerning Planned Unit Development, re- zoning in general, and asked what the City Council should do to prevent zoning problems from getting out of hand. Councilman Bettencourt suggested that meters be removed from a portion of the South end lots, and money be collected from a booth instead. Mayor Counihan appointed a committee to investigate placement of meters: 1 1 73 Councilman Alexander will be chairman, and will be assisted by Councilmen Bettencourt and Fabrikant. There being no further business, the meeting was adjourned. CLERK OF COUNCIL 1 1 1 PHYLLIS L. CARY CITY TREASURER ROWENA 8. FRIPP CLERK OF COUNCIL W. LANCE SMITH. III RECORDER AND CITY ATTORNEY PHONE 786 -4573 M. J. COUNIHAN. MAYOR CITY OF TYBEE ISLAND Executive Offices — City Hal; P 0 Box 128 TYBEE ISLAND, GA. 31328 December 16, 1981 Governor George Busbee State Capitol Atlanta, Georgia 30334 Dear Governor Busbee: 73 —A COUNCILMEN NICK C. ALEXANDER JEROME W BETTENCOURT JAMES L FABRIKANT. JR WILLIAM C FLEETWOOD JULIANNE J MEYERS JOHN J OWEN I know that you are already very familiar with Tybee's beach erosion control enigma and with past efforts to solve it. Tybee Island is among Georgia's most valuable recreational possessions; please do not view erosion as a local problem affecting only a few hundred people on an iso- lated barrier island. We are readily accessible to a major metropolitan area and a prime asset in Savannah's tourism and economic development plans. Thousands of Georgians use our beaches every day during the summer season; a large portion of that beach is unavailable now at high tide. Research in recent years has led to a Corps of Engineers' design based on local study which is currently being held in abeyance due to lack of money. Commissioner Tanner understands and supports the Corps' plan. We are grateful to him and his staff for their perception of the larger problem and for their judicious guidance. We recognize that no permanent solution is presently possible; we affirm that an emergency does exist. Recreationally Tybee Island is a bargain to the state - we are trying very hard to remain self supporting in the matter of lifeguards, police protection and litter control. Let's act now to save this important public beach before an even larger expenditure is made necessary due to delay and neglect. Thank you and Merry Christmas! Sincerely, Michael J. Counihan Mayor 1 1 1 (Srnrge pusher GOVERNOR 1@HHire of tile (6oinrrnir c� #Tart #a, (fir rgia 30334 December 31, 1981 The Honorable Michael J. Counihan Mayor, City of Tybee Island Post Office Box 128 Tybee Island, Georgia. 31328 73 -B Dear Mayor Counihan: Thank you for your letter of December 16, relating to the problem of beach erosion on Tybee Island. I would certainly agree with you that Tybee Island is one of Georgia's most valuable recreational resources and is acces- sible to all the citizens of our state. Commissioner Tanner has discussed with me the Corps of Engineers' current proposal for groin work and beach renourishment. To carry out the total project would involve $1,501,440 in non - federal funds with an additional $294,452 for back engineering costs. Unfortunately, the State of Georgia is facing one of the tightest budgets in its history and funds will simply not be available to carry out a project of this magnitude. As a matter of information to you, I am enclosing a copy of an issue paper recently prepared by the Department of Natural Resources on.Tybee Island Beach Renourishment. I have asked Commissioner Tanner to continue to work with the Corps and with you to develop a plan to protect the sea wall until the state's budget picture improves. I am certain that you will be hearing from Commissioner Tanner in the very near future. Enclosure Sinceer ly yours, George sbee 1 73 -C January 7, 1982 Mayor and Council City of Tybee Island, GA Dear Mayor Counihan: Due to my present medical condition, I feel it necessary that I resign my position as registrar for the City of Tybee Island effective immediately. I wish to say that I have enjoyed the time spent in this position and thank you for the many kindnesses you have shown. Sincerely, Catherine 0. Anderson cc: Scott Graves Louise Shaw CHARLES ALLERTON WORDEN P.O. BOX 810 1105 SECOND AVENUE TYBEE ISLAND, GEORGIA 31328 J • C OUNIEAN C I TY OF T. TEEE IS A:TT) EC. BOA 177, TYM'E ISLAND , TxA. 3132 iY:L : 73-D DECEirMR 31, 19 31 TH RE :7 R E, T , I 31_73id:T ':Y" RESI3NArICN 16 A BER CF THE PLANNING C0:ISSICN, FOR SONS OF rEAL TH. IN TIE ?AST FOUR .; , I HAVE MEN IN T. HOSPITAL FIVE TE ES , AND UNDERONE rviC ;::AJOR KaaicAL oP_ERA TI 0NS , WITH A D 073T FUL PROGNOSIS FOR TEE NEAR F7TURE. AND I FEEL THAT 1.1 MIA 3ILITY TC PA3T IC IPA TI7 DJ ACTIVITIES OF THE C0iIS3I0N C CITLD C ONS l'ITITE A DISSERVICE TO THAT BOT.:71. I P'LE ASK) TI-E A .).K. LNI1117.,i'NT OP :a. SITYDEN As 7- HArii-AN CF T C 0:-:TISSI ON . /E., HC 713- VERY EFFEC TIVE IN THAT CA PAC I TY , AND 1 .C.77T_D VERY J'CH Lila TO HAVE MEN AT PC SLRVE TITi . CC: iR. ARNCLD SEYDEN 1 SINCEELY, 1 P. 0. Box 561 Tybee Island, GA 31328 18 December 1981 Mayor Michael J. Counihan and Town Council P.O. Box 128 Tybee Island, GA 31328 Dear Honorable Mayor Counihan and Council: Through the course of one year as a city appointed recreation board, we have had to call upon City Councilman Jim Fabrikant on many occasions to have certain recreational facilities maintained. On each occasion Mr. Fabrikant's Department of Public Works have been most responsive. Most recently, in the construction of the JC Park project, we have had to request a number of items be accomplished and Mr. Fabrikant has been most cooperative. In his busy schedule he has always had time to meet with us and to resolve our problems in a gracious manner. In doing so he has given us much of his free time and has shown a genuine interest in what the Recreation Board is doing. At our last board meeting it was unanimously agreed that Mr. Fabrikant's dedication should not go unnoticed. For the entire board membership, I would like to express our sincere graditude to Mr. Fabrikant for the fine assistance he and his department have given us. We look forward to a continuing friendship with such a fine citizen of our community. CF: Mrs. Rowena Fripp Councilman Jerome Bettencourt Councilman James L. Fabrikant, Jr. 1 Sincerely, 42,,e.ezade94, 91. ARNOLD J. SEYDEN, JR. Chairman, Tybee Island Recreation Board 1 1 1 Sub - contracting is permissible with prior approval from the City. The "Prime- Contractor" shall remain responsible for all actions of the sub - contractor, receive complaints and speak for the sub- contractor. F. EXTENSION OR RENEWAL OF CONTRACT The City may at its option renew the contract on a year -by -year basis. G. CONTRACT AS INDEPENDENT CONTRACTOR It is expressly agreed and understood that the contractor is in all respects an independent contractor as to the work to be performed, notwithstanding in certain aspects the contractor is bound to follow the direction of the City and that the contractor is in no respect the agent, servant or employee of the City. No employee, agent or official of the City shall be liable in any way for the acts, conduct, negligence, omission, or responsibility of the Contractor and his employees, agents or officers. I. TITLE TO REFUSE Title to all refuse collected under this contract shall be vested in the City. 2. REFUSE COLLECTION VEHICLES A. THE MINIMUM STANDARDS FOR THE CONTRACTOR'S REFUSE TRUCKS (1) All vehicles must have a current Georgia Safety Inspection Sticker. (2) Contractor must have adequate provision for repair capability to keep all vehicles in safe operating condition. (3) Vehicles used in the collection and transportation shall be kept in a sanitary manner and shall be so constructed as leakage during transit. (4) Contractor's truck will be clearly marked with the name, telephone number and truck number. 3. CONTRACTOR OFFICE HOURS A. Office hours shall be'700 a.m. - 5:00 p.m. daily. and servicing of refuse to prevent Company's There shall be someone present during this time to answer telephone questions, receive complaints, and receive requests for removal of the compactor containers. Said telephone is to be maintained at the contractor's expense. 4. CONTRACTOR EMPLOYEES A. CONDUCT OF PERSONNEL Conduct of office and field personnel will be exemplified by courtesy to the public. 1 1 1 73 -B--3 B. EMPLOYMENT RIGHT TO CONTRACTOR The contractor has the right to hire and fire employees, establish wage payments, determine employee benefits, establish working hours and is responsible for employee discipline. The contractor has the right to determine the route taken by its trucks, the hours and days of pickup within the restrictions set forth in Artile I, subsection A. 5. CONTRACTOR'S INSURANCE A. LIABILITY The contractor shall maintain such insurance as will protect him from claims for damages to property, and for personal injury, including death, which may arise from operations under this contract. Whether such operations be by himself or by any sub - contractor or anybody directly or indirectly employed by either of them. Certificates of such insurance shall be filed with the City, and shall be subject to approval by the City Council for adequacy of protection. The Certificates shall provide that the insurance shall remain in effect for the time of the contract and not to be cancelled without prior notice to the City. B. IDEMNITY The contractor shall indemnify and save harmless, the City from and against all losses and all claims, demands, payment, suits, actions, recoveries, and judgments of every nature and description brought or recovered against the City, City officials, employees or agents, by reason of any act omission of the contractor, his agents or employees in execution of the work or in guarding of it. C. The limits of insurance are as follows: Contractors Public Liability (Comprehensive Form) $100,000/$300,000 Suggested Limits: $500,000/1,000,000 Property Damage (Comprehensive Form) $100,000 Suggested Limits: $300,000 Vehicle Personal Liability (Comprehensive Form) $100,000/$300,000 Suggested Limits: $500,000/1,000,000 1 73 -F -4 Vehicle Property Damage (Comprehensive Form) $100,000 Suggested Limits: $300,000 D. WORKER'S COMPENSATION The contractor shall carry Worker's Compensation Insurance on all employees performing under this contract. The contractor shall file a Certificate of their Worker's Compensation Insurance with the City. The certificate shall provide that the insurance shall remain in effect for the term of the contract and not be cancelled without prior notice to the City. 7. PERFORMANCE BY CONTRACTOR AND PENALTIES A. The contractor's performance shall be unacceptable and be subject to cancellation when any one of the following conditions exist: (1) When the contractor fails to comply with any requirement of the specifications. B. The City may, at its option, take action to correct any unaccept- able condition resulting from the contractor's failure to perform under this contract, and shall charge the contractor for the cost of such corrective action. Such charges, if levied, shall be deducted from any monthly payment due by the City to the contractor. C. When the contractor fails to maintain a liability insurance or STate Solid Waste Permit, or in the event that any other provisions of the contract are violated by the contractor or the contractor fails to perform hereunder, the City may declare the contract terminated by serving written notice upon the contractor of termination, and such termination shall be effective and the contract cease fifteen (15) days after mailing such a notice to the contractor. The City may take over the work or any portion thereof, and prosecute the contractor for the account and at the expense of the contractor. The contractor shall be liable to the City for any excess cost occasioned the City thereby. D. Should the contractor fail to make a pickup upon the request of the City within the time limit set forth in Article I, subsection A, the City, at its option, may have a waste container removed and the cost of such removal to be charged to the contractor. 8. PAYMENT FOR SERVICE 1 1 A. The contractor shall submit by the end of each month, an invoice for services rendered in the previous month. B. The City shall pay the contractor, subject to the terms and conditions of the specifications, monthly for services performed during the previous calendar month. 9. COMPLIANCE WITH APPLICABLE LAWS In conducting operations, the contractor shall comply with all applicable Federal, State and local laws. This shall include possession of a valid State Waste Handling Permit as issued by the Georgia Environmental Protection Division. 10. The co4tActor will haul the compaction containers to the land fill of the City of Savannah and empty same. The City of Tybee Island will be responsible for the charges from the City of Savannah for the use of Savannah's land fill. The landfill use can be changed upon the mutual agreement of the parties. This sixth day of January, 1982. BY: THE CITY OF TYBEE ISLAND Mayo rA0i.M1Y. Clerk of Council ATTEST: At, 4i, THOMPSON SANITATION SERVICE, INC. BY: J� /