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19810211CCMeeting1 1 1 6 Tybee Island, Georgia February 11, 1981 The regular monthly meeting of the Tybee Island City Council was held at 3:30 p.m. on Wednesday, February 11, 1981. The following members of Council were present: William C. Fleetwood, John J. Owen, Jim Fabrikant, Jr., Julianne J. Meyers, Jerome W. Bettencourt and Nick C. Alexander. Mayor Michael J. Counihan presided; the City Attorney, James E. McAleer, was also present. Mayor Counihan first requested that any members of the audience who wished to speak come forward. Mr. Anthony P. Simon responded. He stated that he wished to pledge the cooperation of the local Chamber of Commerce for the coming year, further stating that Mr. Fred Hughes, the Chamber's newly elected President, had asked him to act as liaison with the City Council, and that the Chamber of Commerce offers whatever assistance they can provide during the coming year. The minutes of the meeting of January 14, 1981 were approved as written. Mayor Counihan then announced a public hearing of the petition of Mr. David Finland for a map amendment ( #2 -1981) for property identified as PIN # 4- 01 -07 -004 and located at #17 Taylor Street, Fort Screven. The petition requests a map amendment, re- zoning from Residential -one to Planned Unit Development. Mr. Finland was represented by his son, Russell Finland, who explained the plans for the development to the Council. It was noted that the Planning Commission minutes reflected a discussion of the USCG helicoptor pad located adjacent to the planned development. Councilman Owen reported that he had personally spoken with Chief McMillan of the Tybee Island Coast Guard Station concerning the helicoptor pad, and that a letter is expected to confirm their conversation, but has not yet been re- ceived. Verbal communications indicate that no formal objection to development in the area will be lodged by the USCG; development may render the helicoptor pad in- 1 1 1 7 active, but other sites for emergency landings are available on the island. Councilman Bettencourt asked if any facilities for recreation are in the plans and Mr. Finland replied that a swimming pool will be constructed, and that the swimming area will be fenced. Mayor Counihan then called on Mrs. George McDonald, chairwoman of the Tybee Island Planning Commission. She reported on the planning commission's hearing of Mr. Finland's petition, stating that the recommendation for approval was contin- gent on information from the USCG regarding the helicoptor pad. Mr. Fleetwood asked the proposed height of the buildings and Mr. Finland answered that the height shown on the plans is 34'9 ". Councilman Alexander asked Mr. Finland how long this land has been owned by his father. His answer was approximately fifteen years. During these years the property has been vacant. Councilman Owen remarked that he is not opposed to the development of condominium units but believes that approval should be contingent upon input from local Coast Guard officials. Mr. Alexander asked the distance of the proposed buildings from the helicoptor pad and Mr. Finland estimated that distance to be approximately 175 feet. Mrs. Marion Dean, a member of the Planning Commission, ex- plained to Council that the Coast Guard's reluctance to use the pad in future stems from possible suits for damage if neighboring property is injured. She further stated that she believes the question of alternate sites for emergency landings has been answered. The question of access to the public beach was raised. Councilman Fleetwood informed everyone that the nearest access to the beach is across property owned by himself, personally. The nearest public access is city -owned property known as the North Beach parking lots, the areatin which the Tybee Museum is located. Mr. Finland indicated that he understands the property immediately opposite the proposed site is privately owned. 8 Councilman Alexander then moved that the petition be granted; Councilman Owen seconded. The recorded vote was five affirmative and no negative votes; Councilman Fleetwood abstained. Mr. Anthony P. Simon, representative of Tybee Real Estate and Development Company, requested a postponement of the hearing of his re- zoning petition, #3 -1981. He stated that the plans were not completed at present, and that he will notify the Planning Commission when the architect has completed the preliminary work. Bills for the month of January, 1981 were approved as follows: Water Department $3,189.51 Sewer Department 2,724.41 Police Department 4,882.40 Parking Meters 287.12 Public Works 5,555.49 Sanitation 1,135.24 Recreation 38.68 Ceramics 165.46 Fire Department 1,009.79 Capital Outlay 90.33 (Fire Department) Other Expenses 7,270.06 General Government 2,398.87 Councilman Fleetwood reported that a delegation attended Mayor's Day in Atlanta and met with Commissioner Tanner of the Georgia Department of Natural Re- sources and with Mr. Ledbetter of the Environmental Protection Division of DNR. He further informed Council that plans for the transfer station have been approved, and a solid waste permit has been granted to the city. Bids for the transfer station will be opened on February 24th. He reported on recent meetings of the Resource Recovery committee, and stated that the problem of garbage disposal is area -wide and no solution has yet been found. Mayor Counihan then asked the clerk to read an essay entitled "Growing Old Gracefully" by Dr. Samuel Rosen. The audience reacted with enthusiasm to this reading, to which Dr. Rosen responded personally at the Mayor's request. Councilman Bettencourt then read a Proclamation issued by Mayor Counihan 1 1 1 9 on the occasion of Mr. Lawrence Kaufman's eighty -ninth birthday. Mr. Kaufman was acknowledged for his many civic contributions over the years, and for his spirit of public service. A communication from Mayor Counihan to the Chatham County Health Depart- ment was read; this was an acceptance of a contract for calendar year 1981 for housing inspections to be performed by the county within our city limits. Council- man Fleetwood explained that the contract calls for fifteen days of inspection by county officials, and the cost to the city is $1,089.40. A letter to Coastal Area Planning & Development concerning revisions of the personnel policy was read. This letter authorizes CAPDC to modify and revise the Tybee Island personnel policy, including printing, at a cost to the city of approximately two hundred dollars. Councilman Owen read a letter from U.S. Marshall Murphy asking permission to use the Tybee Island jail to house federal prisoners on occasion. After some discussion the Council agreed that an agreement of this nature could be beneficial to the city, and that there may be a possibility of housing an overflow from the Chatham County jail, as well. Police Commissioner Owen will be in charge of negotia- tions with the U.S. Marshall and will report results to the Council. Next the City Attorney read a Resolution granting an easement for con- struction of crosswalks from the property of Patricia C. Maddox, across the dunes. A copy of this easement, the Resolution granting the easement, and a letter signed by Mayor Counihan which protects the public's right of access to public rights -of- way, accompanies and becomes a part of, these minutes. There was some discussion of this easement following its reading; it was brought out during this discussion that the Department of Natural Resources now requires crosswalks to be constructed where - ever development, and its ensuing traffic, threatens dunes or their vegetation. Councilman Owen moved to adopt the Resolution, Councilman Fabrikant seconded, and the motion passed without dissent. 1 1 10 The second reading of Ordinance #1 -1981, an amendment to the electrical code, was read. The City Attorney explained the purpose of the ordinance. Council- man Fleetwood then moved that the ordinance be adopted, with an amendment stating that state certification is acceptable to the city. Councilman Alexander seconded the motion, and the ordinance, as amended, was unanimously adopted. Police Commissioner Owen requested that the first reading of an ordinance concerning drinking in public be postponed until the next meeting so that the wording of the ordinance can be carefully studied by members of the Council and the Police Department. Councilman Fleetwood then gave a report on the franchise for cable tele- vision which was adopted by the Council in February, 1980. He stated that an office has been leased by the company at a commercially zoned location on First Street, and that Battery Habersham, across from the Public Works shop, is being considered by the franchise holder as a location for an earth cone and tower. He further explained that Battery Habersham has for years been used by the city for storage of miscellan- eous items. During discussion it was brought out that no measureable increase in traffic would result in the location of the earth cone and tower as only periodic service is required. The earth cone will be housed in a protected environment and no noise or air pollution will result. Councilman Owen moved to allow the cable television company to house their earth cone and tower at Battery Habersham; the motion was seconded by Councilman Fabrikant and the vote was five in favor, none opposed. Councilman Fleetwood abstained. Mayor Counihan thanked Dr. Rosen for sharing his essay with the citizens who were present, and then adjourned the meeting until the next regular or special called meeting. III �MQ- , CLERK OF COUNCIL 1 1 10 -A STATE OF GEORGIA COUNTY OF CHATHAM WHEREAS, Patricia C. Maddox has applied to the Mayor and Councilmen of the City of Tybee Island for an easement for the construction of crosswalks over the dunes located and lying between her property and the strand and possibly extending across First (Lovell) Avenue and Tilton Avenue; and WHEREAS, the Mayor and Councilmen of the City of Tybee Island approve the construction of said crosswalks because of the protection given to the dunes; and WHEREAS, the public right of ingress and egress over the easement so granted including the rights -of -way of First (Lovell) Avenue and Tilton Avenue, is in no way impaired or impeded; and WHEREAS, the said Patricia C. Maddox has accepted, as part of the consideration for the granting of said easement all responsibility unto herself, her heirs, successors and assigns for the proper construction and maintenance of said crosswalks. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCILMEN OF THE CITY OF TYBEE ISLAND, IN COUNCIL ASSEMBLED, by unanimous vote, that said easement be granted, and the Mayor of the City of Tybee Island is hereby authorized and directed to execute an easement to Patricia C. Maddox for the purpose of this Resolution. I certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council of the City of Tybee Island on the //°4, day of February, 1981. Clerk of Council 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM THIS INDENTURE, made and entered into this �1 day of February, 1981, by and between THE CITY OF TYBEE ISLAND, Chatham County, Georgia, as Grantor, and PATRICIA C. MADDOX, of Chatham County, Georgia, as Grantee. W I T N E S S E T H: WHEREAS, Grantee's request for a certain easement was approved and granted by a duly adopted Resolution in Council assembled on the day of February, 1981. NOW, THEREFORE, for and in consideration of the sum of ONE AND 00/100 DOLLAR ($1.00), and other valuable considerations, the receipt and sufficiency whereof is hereby acknowledged, the said Grantor does hereby grant unto the said Grantee an easement for the construction of crosswalks extending onto that portion of Tilton Avenue and First (Lovell) Avenue, said easement being granted over that portion of said unopened streets lying North and East of the property of the Grantee, said portions of said streets being shown upon that certain plat or map entitled "The North Beach Townhomes and Single Family Residence" prepared for Patricia C. Maddox by Bert B. Barrett, Georgia Registered Land Surveyor Number 1239, dated January, 1981, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat Record 1 10 -B -2 TO HAVE AND TO HOLD said easement under the said Grantee, her heirs, successors and assigns, for so long as said easements shall be used for crosswalks. IN WITNESS WHEREOF, Grantor has caused these presents to be executed by its duly authorized officer, attested to, and its seal affixed hereto on the day and year first above written as the date hereof. THE CITY OF TYBEE ISLAND SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: 2c OZR dr Ow- ROSE r Notary Pubs • y, Ga. My CotntnissiL . �. ,,1, Jail. 8, 1983 Notary Public, Chatham County, Georgia NOTE: THIS EASEMENT WAS FILED IN CHATHAM COUNTY PLAT RECORD BOOK "3 -P ", FOLIO 18