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19820324SCMeetingTybee Island, Georgia March 24, 1982 A special meeting of the Tybee Island City Council was called for the purpose of hearing a request from the Tybee Jaycees for a temporary license for hosting a circus, and for deciding the location of the event, and for no other purposes. The meeting was called to order by Mayor Michael J. Counihan at 3:30 p.m. on Wednesday, March 24, 1982 at Tybee Island City Hall. The following members of Council were present: Jerome W. Bettencourt, Julianne J. Meyers, James L. Fabrikant, Jr., John J. Owen, Jr., and William C. Fleetwood. Nick C. Alexander was absent. City Attorney James E. McAleer was present. Mayor Counihan explained to the audience that the Jaycees had appeared at the last Council meeting and requested the use of Memorial Park for a circus on April 11, 1982. City Council agreed at that time to give Councilman Bettencourt, Recreation Chairman, authority to investigate the request and to grant or deny permission to use the park. He further stated that he became aware of the intention to use commercial property at the corner of Miller Avenue and First Street (Highway 80) only after being called by neighboring property owners who objected to the circus being located adjacent to their property. Councilman Bettencourt read a letter written to the Jaycees by him and refusing the use of Memorial Park but offering the city's property in front of Tybee Museum. He stated that he had received no further communi- cation from the Jaycees since that time. Speakers in order of their appearance were: Leon Case, Alice Martin, Christopher P. Solomon, Randy Bragg, Mrs. Stella Case, Burt Barrett, Jr., Mike Hagins, Judy Dreyfus, Marion Dean, Roxanne Carter. A brief summation of the arguments of those against the First Street location follows: (1) Miller Avenue is an unpaved street, not suited for heavy traffic (2) Itinerants will be drawn into adjacent residential area (3) Traffic & parking will be a problem with public encroachment on private property (4) People in neighborhood who supported the circus were mostly renters - almost all property owners object to it (5) Advertise- ment of the site before receiving the permit could be-considered insulting to the City Council. The following arguments in favor of the site were put forth by the Jaycees: (1) the lot is vacant and is commercial property (2) A 200 1 1 x 300 foot lot is needed for the tent and the front of Tybee Museum does not have the necessary space. (3) The circus is a small European -type circus with only one ring and will give only two performances on Sunday afternoon (4) the property in question will probably be developed commercially soon and so this would not be setting a precedent for future activities on the property (5) The circus is a wholesome, family entertainment and should be encouraged as a worthwhile activity for children of the island (6) the Jaycees undertook the project as a fund - raising project for community service projects and the First Street location will attract larger crowds. The Jaycees were repeatedly commended for their public service and for their community spirit. All those who spoke against the First Street location were supportive of the project provided the site could be changed. Mayor Counihan allowed each speaker two opportunities to address the Council so that a fair opportunity for rebuttal was given to each group. After each group's spokespersons had completed both argument and rebuttal, members of City Council spoke. Councilman Bettencourt stated that he commends the Jaycees for their good work, and that he is always supportive of a group that attempts to raise money for their own projects. He added that he cannot ignore the wishes of the people and cannot vote in favor of a permit for that site unless the neighbors' objections can be satisfied. Councilman Fabrikant stated that he believes the lot is more than adequate to contain the circus tent and all vehicles, plus parking for the public without encroaching on adjacent properties. He further stated that he felt the Jaycees were sincere in their offer to cooperate with neighbors, and work to protect the neighboring properties, adding that he has nothing to gain personally, but sees no real reason to deny the permit. Councilwoman Meyers stated (in answer to an earlier objection) that she does not feel it is sacreligous to hold a circus on Easter Sunday since the Masters Golf Tournament is also played on that day. She believes it may be a good opportunity for working parents to be with their children. Councilman Fleetwood asked Mr. Solomon, the Jaycee President, what he would do if faced with this decision. This question was prompted by Mr. Solomon's candidacy for Mayor, and Mr. Solomon answered that, if the decision were his, he would grant the permit. 1 1 1 Councilman Fleetwood then moved that the permit be granted provided the Jaycees use North Beach Parking Lot (behind the museum). He stated that this land is public property, parking is adequate and it is easily accessible. Councilman Owen seconded. Councilman Fabrikant asked Councilman Fleetwood if this motion is influenced by politics, stating that he feels this solution has already been offered and found to be inadequate. Councilman Bettencourt questioned whether the motion is intended to refer to the eastern or oceanward side of the parking lot. Councilman Fleetwood answered in the affirmative, stating that the young men had measured the front parking lot and found it to be less than adequate in size. The motion carried by the following vote: 3 to 1 with 1 abstention. Councilman Fabrikant voted against the motion and Councilwoman Meyers abstained. There being no further business the meeting was adjourned. t LERK OF COUNCIL PHYLLIS L CARY CITY TREASURER ROWENA 8 FRIPP CLERK OF COUNCIL W. LANCE SMITH. 111 RECORDER AND CITY ATTORNEY PHONE 786 -4573 M J COUNINAN. MAYOR CITY OF EE ISLAND Executive Offices — City Hai. P 0 Box 128 TYBEE ISLAND, GA. 31328 February 12,.1982 Mr. Christopher P. Solomon Tybee Island Jaycees P.O. Box 13 Tybee Island, GA 31328 Dear Chris: 7 -A COUNCILMEN NICK C ALEXANDER JEROME W BETTENCOURT JAMES L ABRIKANT JR WILLIAM C FLEETWOOD JULIANNE J MEYERS JOHN J OWEN Because of the limited space which is city property and the possible con- tamination from animal residue, subjecting our elementary school children to possible sickness or infection; and also because a cemetary is located only a few feet away and is considered sacred grounds to some people, I will not authorize the use of Memorial Park for a circus. However, if you will furnish a copy of the agreement between the Jaycees and the circus I will be happy to approve the parking lot in front of the Tybee Museum. We compliment the Jaycees on this worthwhile program and wish you success. JWB /rf Sincerely, / erome W. Bettencourt ✓" Recreation Chairman iS PHYLUS L. CARY CITY TREASURER ROWENA 8. FRIPP 1 CLERK OF COUNCX. W. LANCE SMITH, III RECORDER AND CITY ATTORNEY PHONE 786-4573 1 1 M. J. COUNIHAN. MAYOR Executive Offices — City Hall P. O. Box 128 TYBEE ISLAND, GA. 31328 PERMIT FOR CIRCUS 7 -B COUNCILMEN NICK C. ALEXANDER JEROME W. BETTENCOURT JAMES L FABRIKANT. JR WILLIAM C. FLEETWOOD JULIANNE J. MEYERS JOHN J.OWEN THE TYBEE ISLAND CITY COUNCIL BEING DULY ASSEMBLED FOR A SPECIAL CALLED MEETING TO CONSIDER AN APPLICATION FOR A PERMIT FOR A CIRCUS BY THE TYBEE ISLAND JAYCEES. MOTION HAVING BEEN MADE AND SECONDED THAT A PERMIT BE ISSUED FOR A CIRCUS LIMITED TO THE NORTH BEACH PARKING LOT. THIS PERMIT IS A TEMPORARY ONE FOR THE DATE OF APRIL 11, 1982 ONLY. MOTION BEING CARRIED. THIS PERMIT IS HEREBY ISSUED TO THE TYBEE ISLAND JAYCEES TO HOLD A CIRCUS ON APRIL 11, 1982 AT NORTH BEACH PARKING LOT BEHIND TYBEE MUSEUM, THIS BEING A TEMPORARY ONE -DAY PERMIT. THIS DAY OF MARCH, 1982. ATTEST: CLERK OF COUNCIL