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19820310CCMeeting1 Tybee Island, Georgia March 10, 1982 A regular meeting of the Tybee Island City Council was called to order by Mayor Michael J. Counihan at 3:30 p.m. on Wednesday, March 10, 1982 at Tybee Island City Hall. The following members of Council were present: Jerome W. Bettencourt, Nick C. Alexander. William C. Fleetwood, James L. Fabrikant, Jr., John J. Owen, Jr. Councilwoman Julianne Meyers was absent because of her work; City Attorney James E. McAleer was in attend- ance. The first order of business was a public hearing of a re- zoning request made by Sanders Construction Company for property known as PIN # 4 -02 -20 -004 & -005, located on Gullick Street immediately adjacent to the North Beach Parking Lot. Mr. Craig Meyers, a real estate developer and consultant, spoke for the Sanders petition, asking a re- zoning to Planned Unit Development, to allow for two triplex buildings as well as the restoration of two small cottages already existing on the property. Councilman Bettencourt asked who were the adjacent property owners on the west, south and east and Mr. Meyers answered that he did not know. Asking permission, one of these property owners, Mr. Michael Graham, rose to speak. He stated that he is an attorney by profession and is about to close a real estate transaction with Ms. Connie Woods. He will then be the neighboring property owner to the west. He stated that he will have no objections to the development provided it is understood that no changes or deviations from plans as presented be allowed. If changes are not allowed, he will raise no objections to the triplexes on the adjacent property. Mayor Counihan allowed Mrs. Marion Dean, a Planning Commission member, to speak in the absence of Councilwoman Meyers who is the City Council's representative on the Planning Commission. Mrs. Dean explained that the Planning Commission approved the request for PUD after careful consideration of the site. Councilman Fleetwood asked if a PUD is transferrable from one owner to another. City Attorney McAleer answered that the PUD is granted for a particular project and for a particular purpose and that the restriction is on the exact plans, not on ownership. 1 1 Mrs. Dean stated that the Planning Commission has granted several PUD requests believing them to be for a specific project and considering the petitioner's personal reputation as a factor in their decision. She then explained that the Planning Commission is hard at work on revising the local ordinances on PUD and on Zoning. Councilman Fleetwood stated that he questions whether the density of the project is conformable to that required in the ordinance; however, he stated that, as an adjacent property owner, he has no real objection and he then moved that the petition be granted. The motion was seconded by Councilman Bettencourt. Councilman Alexander amended the motion to add that the building permit be immediately granted but withdrew his amendment when Mayor Counihan informed him that the City Council cannot grant a permit that has not yet been approved by the Department of Natural Resources in cases where the property is within the jurisdiction of the State Shore Assistance Act. Councilman Fabrikant stated that he believes the property is not large enough to allow so many buildings and that the result will be the crowding of too many units on too little land. The petition for re- zoning passed by a vote of five (5) to one (1) with Councilman Fabrikant opposing. Steven Gretenstein, project manager for Lighthouse Point Associates, Inc., then appeared to request a variance from the flood damage control ordinance for a pavilion -type building adjacent to the swimming pool. A letter dated February 19, 1982 from Mr. Gretenstein to Mrs. Fripp, requesting that this matter be heard by City Council and a letter from Mr. Erwin A. Friedman, attorney, dated February 22, 1982 and addressed to the Mayor and Council are attached to, and become a part of, these minutes. Mr. Gretenstein explained that the building has already been approved because it was shown on the plans submitted to the city when the building permit was applied for; he further stated that it is within the interior of the project and that it is intended for convenience of pool- users, not for any other purpose. Mr. Edmund Solomon, Building Inspector, spoke to the Council and to the audience concerning FEMA guidelines and further stated that the building in question was already under construction as if the variance approval was presumed already granted. He showed a picture to substantiate this statement. 1 10 Mr. Gretenstein answered Mr. Solomon by stating that the city had been assured in writing that the building would be put to no unauthorized use. He stated that the work proceeded because of time and cost factors but that the building would be used for storage if the petition is not granted. Councilman Fleetwood explained that the building is not eligible for flood insurance and that pool pavilions are allowed by FEMA; the matter in question is whether or not plumbing can be allowed. Mrs. Marion Dean, Planning Commission member, stated that she believes restrooms should be required for all pool facilities for sanitation and health reasons and that she believes the request to be reasonable. Councilman Fleetwood moved approval of the petition for a variance of flood damage control ordinance for the pavilion and Councilman Fabrikant seconded. The motion carried unanimously. Mayor Counihan then recognized the former Chairperson of the Planning Commission, Mrs. George McDonald, and spoke of her outstanding contributions to the island's welfare. He then presented her with a plaque honoring her for her service to the community through the Planning Commission. Mayor Counihan then asked if there were visitors in the audience who wished to speak to the Council. Mrs. Janice Nichols was the first to speak and she questioned whether any results of the drainage study of the Eighteenth Street area have yet been received. Councilman Fabrikant answered that John Hutton of Thomas & Hutton Engineering Company has had the elevations surveyed and that the results are not as favorable as had been hoped but that it will be possible to run a new line. He added that Mr. Hutton is in the process of making a report of various alternatives and that Council will make a decision after reviewing the report. Mayor Counihan added that funds have been budgeted for this project. Dr. Jules Victor, the second speaker, asked that wave - splash structures be built to join those built or planned in the Second Street area adjacent to Tybee Lights Condominiums. He stated that several property owners have already constructed such wave - splash structures with DNR's approval and that the city owns property in the area which should be similarly protected. Councilman Fabrikant stated that he has inspected the completed structures with the city's engineering consultant and that the matter is under study at the present time. (See Attached Revocable License for Tybee Lights, Inc.) The last visitor, Mr. John Walker, inquired concerning his request 1 1 1 11 for a business license and was told that there is no objection to the type of business (brokerage -type sales of damaged merchandise) which will be operated largely by telephone. A fee for the license will need to be set by the finance committee since this particular business is not named in the schedule of license fees. Minutes of the meeting of February 10, 1982 were approved after changing the initials "IRS" to "ISO" in the fire committee study report. Bills for the month of February, 1982 were approved. Councilman Fabrikant remarked that the $8,000 for fill dirt was an expense incurred during the break -down of the compactor and that this will largely be covered by an insurance claim. Councilman Fleetwood noted that fire department equipment had been purchased under capital improvements. Councilman Alexander stated that a number of adjustments on water bills had been allowed during the past month because of pipes broken during the freezing weather. He also stated that water cut -offs are scheduled for the 20th of March. Mayor Counihan made a statement concerning Home Rule in which he reminded the audience that people with secondary homes on Tybee are not eligible to vote in municipal elections here. City Attorney McAleer read the qualifications from the Charter and stated that anyone wondering about their eligibility to vote should consult the Board of Registrars, Mrs. Louise Shaw, Chairperson. A letter from Mary W. Humbert of the Elections Board of Chatham County, dated March 4, 1982, was read. A copy of this letter is attached to and becomes a part of these minutes. A letter to Anthony P. Simon granting a six -month extension of a PUD petition is attached to, and becomes a part of, these minutes. Councilman Bettencourt announced that the Tybee Island Senior Girls Basketball team has won 1st place in the 2nd District Basketball Tournament sponsored by the Georgia Recreation & Parks Society and that they will play in the State Championship Tournament on March 13, 1982 in Decatur, Georgia. Sebastian Orsini, Secretary of the Recreation Board, also spoke congratulating the girls on their fine victory and he solicited the financial support of the City Council to make possible the trip to the State Tournament. Councilman Bettencourt moved that $450.00 be allocated for this trip, and the motion carried by unanimous acclamation. Mayor Counihan stated that the City Council has been very supportive of recreational programs and thanked Mr. Orsini for representing the Recreation Board aiid congratulated Mr. Bettencourt on the fine trophy. 1 1 1 12 Mayor Counihan then announced that Mr. Edmund Solomon's term on the Zoning Board of Appeals expires in March, 1982 (this month). He announced the appointment of Nick C. Alexander to fill this vacancy; Mi. Alexander's term is effective as of March 24, 1982 and is for four years - to expire on March 24, 1986. This appointment was unanimously approved by Council. Mayor Counihan this announced that a vacancy has occured on the Board of Registrars due to the resignation of Mrs. George McDonald. He recommended Mr. William L. Zipperer of 1206 Second Avenue to fill this vacancy and Mr. Zipperer was accepted unanimously by Council. He will serve an indefinite term, at the pleasure of the Mayor and Council. It was reported that the Planning Commission is actively working on major revisions to the planning and development section of the Tybee Island Code of Ordinances and should have recommendations for City Council to review shortly. A report was made on the recent trip to WES, the Corps of Engineers facility in Vicksburg, Mississippi. Some interesting experiments using rock groins and jet pumps are being designed there which may be helpful in solving Tybee's erosion problems. It was noted that Governor Busbee had written to Colonel Dominy asking that technical assistance be given to make the sea wall safer and more stable until funds can be allocated for erosion control. In response Colonel Dominy sent a consultant to make an inspection and the city is now awaiting results of that inspection. It was reported that the waste water treatment plant is presently undergoing approximately $90,000 in renovation and upgrading and that we are expecting a report from Thomas & Hutton Engineering Company concerning whether to hire a Class II operator or contract services from qualified operator /operators on an as- needed basis. A Local Road Assistance Program contract for re- paving of the strand from 16th to 18th Streets was read and discussed. Councilman Fabrikant moved that this state -aid contract be accepted and Councilman Owen seconded. The vote was unanimously in favor and a Resolution was therefore. adopted. A copy of this resolution is attached to, and becomes a part of, these minutes. There being no further business, the meeting was adjourned. 1 LIG 'MOUSE POINT 73e4 .4kiner February 19, 1982 Ms. Rowena Fripp Clerk of Council City of Tybee Island Tybee Island, Georgia 31328 Re: Lighthouse Point BEach Club on Tybee Island Dear Ms. Fripp: 12 -A Lighthouse Point Associates would like to request a hearing before the Mayor and City Council to discuss a variance in the City of Tybee Code relating to flood damage prevention. The variance pertains only to the family pavilion, a non habitable recreational structure which will be located at the center of the project abutting the swimming pool. The building inspector of Tybee has indicated that the structure may be in violation of the code because of the location of certain plumbing and electrical fixtures. Upon review, we do not believe that the structure is in violation of the code. A formal request for variance will be submitted by our legal counsel in the next few days. Therefore, we would like to request that this matter be placed on the agenda of the next City Council meeting which is scheduled for Wednesday, March 10, 1982. In the interim, construction on the pavilion will continue in accordance with the plans currently on file. Adjustments to the struc- ture necessary to comply with the Council's decision will be made fol- lowing the council meeting. cc: Edmund Solemn Erwin A. Friedman qnt Sincerely, --4e Steven R. Gretenstein Project Manager 1 1 1 12 -B -1 FRIEDMAN, HASLAM, WEINER, GINSBERG, SHEAROUSE & WEITZ ATTORNEYS AT LAW 14 EAST STATE STREET SAVANNAH. GEORGIA 31412 ERWIN A. FRIEDMAN NELSON HASLAM (1928.1974) ARON G. WEINER RONALD E. GINSBERG WILLIAM W. SHEAROUSE, JR. HARVEY WEITZ STEPHEN F. GREENBERG MARK T. SHAWE PATRICK T. O'CONNOR February 22, 1982 The Mayor and Council for the City of Tybee Island Tybee Island, Georgia 31328 re: Lighthouse Point Beach Club at Tybee Gentlemen: Island PLEASE REPLY TO POST OFFICE BOX 10105 TELEPHONE ( 912) 233 -2251 Phase I of the above project is currently under construction pursuant to permits issued by your body and other appropriate governmental agencies. Copies of the plans for this project are on file in the office of the Clerk of Council. Included within Phase I of the project is a family pavilion structure, designed for use by the residents of the condominiums as a recreational amenity. The pavilion will be used for social events such as oyster roasts, cookouts, and as a meeting area for the residents. They will have no permanent or ongoing occupancy as a habitation, but will be used from time to time solely as a social center. For its intended purpose, however, it will require electrical outlets and plumbing facilities, including bathrooms and sinks. The plans for this structure which have been filed in the Clerk of Council's office show the precise location of the pavilion on the overall Lighthouse Point Beach Club site, and also show the specific dimensions of the structure and its interior design. With the exception of the pavilion building, all of the structures in the Lighthouse Point Beach Club development fully comply with all requirements regarding protection from flooding. More specifically, there is full compliance with Chapter 5 of the Tybee Island code relating to flood damage prevention. Because of its location on the site, and its inter - relationship with all of the habital structures in the development, it is not feasible for this pavilion structure to comply with the elevation standard set forth in Section 8 -5 -18 of Chapter 5 of the Tybee Island code. We are therefore applying to your body for a variance for this particular structure in accordance with the provisions of Section 8 -5 -16 of the Code. Specifically, we are requesting your body to grant a variance to permit the construction of the family pavilion 12 -B -2 FRIEDMAN. HASLAM, WEINER, GINSBERG. SHEAROUSE & WEITZ The Mayor and Council for The City of Tybee Island Page Two (2) February 22, 1982 as shown on the plans currently on file in the Clerk of Council's office. We have reviewed the standards set forth in the Ordinance for granting a variance, as well as those issued by the Federal Insurance Administration, and respectfully submit that the requested variance falls well within those standards. The structure in question will not be used on an ongoing basis for habitation, and will only be occupied from time to time for parties, meetings, cookouts, and similar events of a purely recrea- tional nature, all of which will be of relatively short duration. The pavilion is an important structure within the project, however, as it will provide one of the recreational amenities to the residents of Lighthouse Point, and is therefore important in providing services to that community of persons who will be living within the development. There are no reasonably available alternative locations within the site for this particular structure, and its use is fully compati- ble with the overall condominium development of which it is a part. The pavilion will in no way interfere with the safety of access to the property in times of flood, either for ordinary or emergency vehicles; there is no danger to life or property which might occur due to the flooding of this particular structure; there is no danger that the materials of which the structure is to be built will be swept onto other lands to the injury of others in the event of flooding; there would be no damage to any individual owner of one of the condominium units resulting from any flood damage to this parti- cular building; and, the variance is within the spirit and intenticn of the City Ordinance providing for the granting of variances. A failure to grant the within variance would result in excep- tional hardship to the developer for several reasons. First, the structure in question will serve as an important social and recrea- tional amenity to the total condominium project and will provide an onsite location for organized and orderly social events such as cookouts, crab boils and oyster roasts. Secondly, the structure has been shown from the inception of this project as a part thereof, and individual condominium units have been sold to prospective purchasers with. reference to a site plan which shows this particular family pavilion structure. Thirdly, it is not feasible, either from an economic or an aesthetic and planning standpoint, to raise this particular structure so that the floor elevation will comply with the elevation standards for flood prevention. riFr- FRIEDMAN, HASLAM, WEINER, GINSBERG. SHEAROUSE & WEITZ 12 -B -3 1 1 The Mayor and Council for the City of Tybee Island Page Three (3) February 22, 1982 The granting of the requested variance will not result in any threats to public safety, extraordinary public expense, the creation of any nuisance, or a conflict with any other existing local laws or ordinances. The family pavilion structure in question is, in all ways, purely an accessory building on the site of this project, and, as such, could be considered as exempt from the application of the flood damage prevention chapter of the Tybee Island Code under the provisions of Section 8 -5 -4(22) of Chapter 5. In any event, as an accessory building, whether subject specifically to the provisions of Chapter 5 of the Code or not, we feel that the requested variance falls within the spirit and intention of the provisions authorizing the granting of such variances by your body, and we respectfully request approval of the within variance. We would appreciate it if the request were placed on your agenda at the earliest possible time for consideration. In this regard, a reference is made to the previous letter, dated February 19, 1982, to Ms. Rowena Fripp from Mr. Steven R. Gretenstein. Thank you in advance for your kind consideration in this matter. Sincerely yours, a.- _y`l' Lify..°•'w -- ERWIN A. FRIEDMAN For the Firm cc: Mr. Edmund Solomon Building Inspector City of Tybee Island Mr. Micheal Yates Mr. Steven R. Gretenstein Mr. feRoy Moore 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) I DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY DISCHARGE THE DUTIES DE- VOLVED ON ME AS A REGISTRAR OF THE CITY OF TYBEE ISLAND: THAT I WILL FAITHFULLY EXECUTE AND ENFORCE THE LAWS AND ORDINANCES OF THE CITY TO THE BEST OF MY ABILITY, SKILL AND KNOWLEDGE: THAT I WILL SUPPORT AND UPHOLD THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THE CON - SITUTION AND LAWS OF THE STATE OF GEORGIA: SO HELP ME GOD. Sworn to and subscribed before me this , 1982. William i.p'erer Recorder and Judge, Tybee Island Municipal Court day of PHYLLIS L. CARY CITY TREASURER ROWENA 9 RIPE CLERK OF COUNCIL W. LANCE SMITH, III RECORDER AND CITY ATTORNEY PHONE 786 -4573 M. J. COUNIHAN. MAYOR 12 —D I 01 "1"" OF TYBEE ISLAND Execute Off,ces — C.ty Hal: P O. Box 126 TYBEE ISLAND. GA. 3132E: March 5, 1982 Mr. Anthcpv P. Simon P.O. Bc:; 596 Tybee �s 1�._. �;ecrgi` 31328 Dear Tony: COUNCILMEN NICK C ALEXANDER JEROME W BETTENCOURT ,TAMES L FABRIKANT JR WILLIAM C FLEETWOOD JULIANNE J MEYERS JOHN OWEN The City Council approved a Planned Unit Development, at your request, in their meeting of March 11, 1981. We understand that, due to unforeseen difficulties, you have not completed your final plans for submission to the Planning Commission for final approval. At your request, we are granting you si>: -month extension until September, 1982. As we understand the intent of the PL'D designation, this is a personal extensior to _you, to allow you to complete your plans, and is not trans- ferable. As always, we wish you success in your business enterprises here of the island. Michael J. Counihan Mayor MJC /rf ELECTIONS BOARD of CHATHAM COUNTY 12 -E CHATHAM COUNTY COURTHOUSE ANNEX 498 WEST BROUGHTON STREET P. O. BOX 1O0i 1 SAVANNAH. GEORGIA 31412 (912) 234 -7781 IBOARD MEMBERS WILLIS J. RICHARDSON. JR.. CHAIRMAN MARIE P. BRAZZEAL WILLIAM E. GILCHRIST JOSEPH J. TRIBBLE DANIEL. W. WRIGHT, JR. March 4, 1982 Mrs. Rowena B. Fripp Clerk of Council City of Tybee Island P. 0. Box 128 Tybee Island, Georgia 31328 Re: Municipal Election Dear Mrs. Fripp: SUPERVISORS MARY W. HUMBERT JEANNE S. TRAPANI Thank you for the copy of the election section of your charter. The enclosed legal notice will appear in both the Savannah Morning News and the Savannah Evening Press on March 19, 1982, and will be billed directly to Tybee Island. This office will handle all the details of the election, with your being responsible for the following: Registering of voters and furnishing the poll manager with a complete list of eligible voters. Qualifying of candidates whose names will be furnished to this office immediately after the close of qualifying. Naming and paying of poll officers. Mailing and receiving of absentee ballots to be turned over to absentee poll manager at 7:00 p.m. election day. The three managers of the poll can be named absentee poll managers for the purpose of satisfying the code section requiring a separate absentee poll. Sincerely, Mary Hu •ert Supe,,isor lmh enc. 1 REVOCABLE LICENSE FOR-DUNE CROSSOVER STRUCTURE a►�le aeSie 12—F The undersigned appl i cant -hereby requesj�s permission-from the City of Tybee Island, Georgia, to construct a ghtfte=trtessaater structure for the purpose of erosion control and protection of•- certain +aterfront property. Tneated4a Wb tea d-c ty limits since a portion of the -proposed project may encroach upon the sand beaches within the city limits of said municipality. The undersigned understands that the issuance of such a permit does not relieve the applicant of the obligation to obtain additional auth- orization from the State of Georgia. The undersigned further recognizes and agrees that this license does not confer upon the undersigned any rights, title, estate or interest in said licensed premises; nor does this license agreement confer upon the undersigned a license coupled with an interest or easement. This license merely gives the undersigned a revocable privi- lege, it being expressly understood and agreed that, regardless of any improvements or investments made, expense and harm incurred or encountered by the undersigned, this agreement shall be subject to revocation, cancellation or termination, this license shall be null and void. The undersigned shall further indemnify and save the City of Tybee Island free and harmless from any and all liability, loss, cost, damage or other expense from accident or damage, either to itself or to the persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted by this license. The undersigned applicant further recognizes that the City of Tybee Island does not grant permission to proceed with such project unless and until a Shore Assittanee Permit is issued and a copy of same is filed with the Clerk of Council of said city. Date i, . me/ /61/ Applicant's Signature Address The CITY OF TYBEE ISLAND hereby grants the above a revocable license for a dune crossover structure not coupled with an interest as provided in the above request. Approved in Open Council this /0 -`day BY: DOT 508 -C REVISED 4 -72 RESOLUTION COVERING A('QUISITION AND CLEARANCE OF RIGHTS OF WAY WITH CONTROL OF FUTURE ENCROACHMENTS AND REGULATION OF VEHICULAR TRAFFIC ON HIGHWAY CONSTRUCTION PROJECTS GEORGIA, Chatham WHEREAS, the Chatham and 16th St. in Chatham COUNTY Department of Transportation in cooperation with the County of desires to construct a road between 18th 't. $64814Cf(a ;COMMIX. known as MXIMIDIMPI Project No. LAU- -4530- -(51) County. STRAND) SWEPT AND, WHEREAS, the project will extend within the corporate limits of the municipality, town, or city of Tyhee Tsland , Georgia. It is resolved, that we, the Mayor and Members of the Council (or other officer or officers) charged with the management of the finances of said municipality, and the legally authorized agents of such do hereby agree to procure for the Department of Transportation in cooperation with the County of Chatham , in accord with pertinent agreements and regulations, any and all rights of way that may, in the opinion of the Department of Transportation be necessary to the proper construction and maintenance of the above named project and according to survey and plans made by engineers of the Department of Transportation, within the limits of said municipality. And in consideration of the construction of said Highway within the incorporated limits of said municipality, the City of Tvhee Tsland , agrees to remove any existing structures or obstructions as provided in pertinent agreements and to prevent any future encroachments upon the right of way limits of said Highway not covered by permits duly issued by the Department or the City; and furthermore agrees, obligates, and binds itself in accordance with Title 68 Georgia Code that it will not pass any laws, rules, regulations, or ordinances which will penalize, hinder or obstruct the free movement of vehicular traffic on said Highway, including angle parking, nor erect any traffic signals, towers, or lights on the said right of way without written consent of the Department of Transportation. We further agree that upon notice of award of contract on the above numberbd project, we will arrange with managers of vurious utility companies and municipal departments to place underground plants in a satisfactory state of repair except where this phase of work is covered by .agreements. The municipals Utility Owners service connec mains a,nd rani facilities are by agreements. • ty further agrees to assume responsibility for and cooperate with the in the moving, setting back, replacing or lowering of all consumers' tions including gas lines, telephone lines, electric power lines, water tary sewer connections to clear construction by one foot, whether such publicly or privately owned except where this phase of the work is covered It is further agreed that after construction is completed on off - system projects no new or additional utilities facilities will be allowed to encroach on the rights of way for this project except under permit issued by the City in accordance with the Rules and Regulations of the Department. We further agree to protect the Department of Transportation and said County or its agents from any claim or damages whatsoever that might be occasioned through the fulfillment of the foregoing conditions, and to defend all suit:. that may arise by virtue thereof. This (.241-% day of COUNCIL: COUNCIL: Y.. r s r C!!J�!.t_1taGP_s GG I he certify that I am be) of th official acts of the said municipality; and the wit resolution passed on the b on the minutes of said officers. Clerk of the city, town, or municipality, (as the case may authorities charged with the management of the business of "C1411 and foreg.n: onstitutes a true a correct copy of a � day of .._ ,19 , and entered This the