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@ @ITEM 2000 -07 -07 City Council Minutes
Mayor Pro Tem Anne Monaghan called the July 7, 2000 Special Called Council
meeting to order at & P.M. with the following members of Council present: James G.
Burke, Jr., Jack Youmans, Shirley Sessions, Pamela O'Brien and Mallory Pearce.
Monaghan explained to the audience that the issues to be discussed were real estate and
litigation and that they would not be allowed participate in the discussion. City Attorney
Edward Hughes was present
Sessions motioned to enter into closed session to discuss litigation and real estate.
Pearce seconded. Vote by Council was unanimous.
Real estate: Phil O'Dell has requested a permit to demolish the old theater in Fort
Screven. Hughes stated that he has spoken to Phil O'Dell and O'Dell is aware that he is
doing legwork. Hughes said that if the City's interest is made public then it could
influence others about the property. Hughes said that O'Dell has spent $160,000. not
including the original purchase price. O'Dell has over 450 theater seats and some
curtains. O'Dell said that he would donate to the City for use in City Hall, Community
House or Cafeteria. Hughes read the deed from Gerheart to O'Dell concerning the clause
to prohibit removing the building causing a decrease in the value of the property. Hughes
stated that this is a private contractual right between Gerheart and O'Dell and is not a
City issue.
O'Brien said that the Historical Society and O'Dell has talked about a lease
arrangement or purchase price of $270,000. Youmans said that the man who owned it
before O'Dell said it would cost 2 million dollars to bring up to code and to put it back
the way it was in its heyday. O'Brien said we need to think about renovations. This
could be accomplished through grants and family community projects. O'Brien further
stated that Jim Kluttz is out of town and that Cullen Chamber would like to call a special
meeting of the Historical Society when he gets back in town. Monaghan said that we
have less than 10 days before the next Council meeting in which to deal with this issue.
Burke asked Hughes how long the can the City hold up the demolition permit.
Hughes answered that we are past the legal time frame. Sessions asked if O'Dell would
be willing to donate for tax purposes. Hughes said that O'Dell put in for the permit June
22, 2000. Sessions stated that the Arts Association is trying to make it happen and that
she feels that O'Dell wants to see it saved. Pearce asked O'Brien if she knew when the
Historical Society plan to meet. O'Brien answered when Kluttz gets back in town.
Hughes told Council that a real estate purchase is difficult in the best of
circumstances when you are only dealing with one owner. Youmans said let the
Historical Society put together a package and the City to stay out of it. Hughes said that
he will \talk to O'Dell and tell him the options being discussed if this is what Council
wishes him to do. Youmans said that he has no intention of the City putting money into a
falling down building without the citizens knowing about it. Burke said that Hughes
could pursue. Monaghan said that time is a factor. Hughes stated that he could probably
hold O'Dell off, but that Youmans knows O'Dell better then he. Youmans said that it
could cost $400,000. To bring the building up to code, we would need engineers to do a
study. Sessions said that the City has grant opportunities. Monaghan said that SCAD
could get grants also. Sessions stated that citizens need to get involved. Hughes said that
time factor is critical, O'Dell bankers are probably curious about project. Youmans said
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the seal work is very expensive. Hughes said that he believes that the cost is more that
the return would ever be. Sessions asked if O'Dell is talking to anybody else. Hughes
answered that in the letter O'Dell states that others are interested, but Hughes does not
think anybody will purchase it before the demolition the City issues permit. Monaghan
said that the removal of this historic structure would effect the neighborhood. Hughes
said neighborhood would be considered self-interest. Youmans said that the city can not
store the seats and curtains for O'Dell. Pearce said that we need more information by
next Council meeting on the cost of the repairs.
Monaghan said that O'Brien could talk with Chambers. Sessions said that we
should generate the public to get the funds, as she has been getting calls concerning the
tearing down of the theater. Sessions said that O'Dell is talking to the Historic Society.
Burke said that the Historic Society needs to get more organized and do like
Historic Savannah and Historic Charleston by getting community support. Youmans said
that he supports saving the theater but not with tax dollars.
O'Brien to talk with Chambers and Hughes to talk with O'Dell.
Special called meeting for July 13, 2000 to discuss litigation.
Clerk of Council
Mayor Walter W. Parker
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer,
duly authorized to administer oaths, c ;10d1e. Mor14 - hr.r, • , who
after being duly sworn, deposes and on oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island
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City Council held on the ILIA day of cz u-1 Lj , 2000.
(2) That it is my understanding that O.C.G.A. § 50- 14 -4(b)
provides as follows:
When any meeting of an agency is closed to the public
pursuant to subsection (a) of this Code section, the
chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the
meeting a notarized affidavit stating under oath that the
subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions
provided by law and identifying the specific relevant
exception.
(3) The subject matter of the closed meeting or closed portion of
the meeting held on the r t1 of.= (.��, �- , 2000, which was
closed for the purpose(s) of L L E5����.
as allowed by
O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
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(4) Any unrelated matters which were mentioned or attempted to be
offered for discussion during the closed portion of the
meeting were ruled out of order and not discussed.
This affidavit is being executed for the purpose of complying
with the mandate of O.C.G.A. § 50- 14 -4(b) that such an
affidavit � be executed.
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This ' I day of , 2000.
(5)
Sworn to and subscribed
before me this 7 day
of _ i,S,A , 2000.
.)
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Trhic
Mayor /Presiding Offic
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Motion to Enter into a Closed Meeting of the Tybee Island City Council
Councilmember SSLCS1 env • makes the following motion:
(1) That the Mayor and Council now enter into closed session allowed by O.C.G.A.
50 -14-4 and pursuant to advice by the city Attorney, for the purpose of discussing
the following:
JO l Cot ,
Rua (L- -
Parc." -2.-
(2) That this body, in open session, adopt a resolution authorizing and directing the
mayor or presiding officer to execute an affidavit in compliance with O.C.G.A.
50 -14-4, and that this body ratify the actions of the Council taken in closed
session and confirm that the subject matters of the closed session were within
exceptions permitted by the open meetings law, said resolution to be in the form
as attached hereto.
Motion approved
Those voting in favor of the motion for closure: Councilmembers ° - ,
LON 2.9..i) 6
1 1 1bY\G-CYx.CrY% •
Those voting against the motion for closure: Councilmembers
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