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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
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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
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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.
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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
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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:
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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
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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
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(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
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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
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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 :
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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
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SINCEELY,
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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.
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Sincerely,
42,,e.ezade94, 91.
ARNOLD J. SEYDEN, JR.
Chairman, Tybee Island Recreation Board
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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.
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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
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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
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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� /