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HomeMy Public PortalAbout19820609CCMeeting1 1 1 Tybee Island, Georgia June 9, 1982 The Tybee Island City Council held its regular monthly meeting on Wednesday, June 9, 1982 at City Hall at 3:30 p.m. Mayor Michael J. Counihan presided and the following members of Council were present: Nick C. Alexander, Jerome W. Bettencourt, Julianne J. Meyers, James L. Fabrikant, Jr., John J. Owen, Jr., and William C. Fleetwood. Mr. Janes E. McAleer, city attorney, was also present. Mayor Counihan invited the audience to speak, and the first person to do so was Mrs. Genevieve O'Connor. Mrs. O'Connor asked that Mr. McAleer make the new administration aware of the problem concerning the rights -of -way of certain streets, especially Eighth Street. Mr. Spence Conrad, an attorney, also spoke on the same subject, stating that he represents Mrs. Katherine Cann, and others, who are very interested in the possibility that the city has quit- claimed certain rights -of -way in past that have in effect cut off-these property owners from having access to their lots. Mrs. Marion Dean then spoke, first stating that she wishes to dedicate herself to salving the confusion about streets. She then read a statement in which she objected to a letter signed by the chairman of the Planning Commission and concerning an unopened street known from the map as Hollywood Avenue. Another speaker on the sane subject, Dick Grosse, quoted fran a letter he wrote to the Planning Commission on April 27, 1982, which referred to certain Fort Screven rights - of -way, as "Phantom Streets ". He added his support to Mrs. Dean's request that some action be taken to remove such streets fran the county tax maps. Mr. E. C. Ashby then spoke, asking if there is a possibility that his customer parking space will be taken from him. Mayor Counihan answered that he will be allowed to keep this space. Mrs. Sophia White presented the council with a written demand for damages which she alleges are due her for errors in sewer stubbing, etc. Mayor Counihan informed her that she will have to pay her water and sewer bill, which has already been adjusted to reflect no charge for the period of time Mrs. White claims her house was unconnected. Mr. Alexander asked Council for permission to enlighten the incoming Water /Sewer Chairman on the matter, and Mrs. White expressed willingness to meet with the carmiittee on water /sewer to press her claims. It was announced that the Chatham County Recreation Department has 1 1 1 27 asked the city's permission to co- sponsor a surfing contest being planned for July 24, 1982. There was no objection, and permission is granted, pending approval of location, etc. by appropriate city officials. Mayor Counihan called the public's attention to a restoration of an old photograph of Tybee's strand. The older photograph was donated by Mr. Nick Alexander, and the reproduction, in color, was revealed. Mayor Counihan stated that a duplicate will be presented to the Tybee Museum. The meeting was then opened for business legally presented and the minutes of the meeting of May112, 1982 were approved as written. Bills for the month of May, 1982 were approved as follows: General Government - $554.66, Police Department - $2,312.48, Parking Meter Dept. - $897.75, Public Works - $2,499.73, Sanitation - $4,377.55, Sewer Department - $5,154.45, Water Department - $1,342.08, Fire Department - $286.21, Ceramics - $295.95, Recreation - $1,008.17, Capital Outlay - $550.00, and Other Expenses of $140.83 and $611.60. Under Communications a news'release dated June 9, 1982 was read. This informed the public that the island landfill has been completely closed, and that all dry trash will be taken to the county's landfill on Wilmington Island until further notice; it also informed the public that unusual requests for trash or debris removal may result in a charge for pickup service. Also under Communications a letter from Mr. J. Leonard Ledbetter of the Environmental Protection Division of the Department of Natural Resources was read. This letter, dated May 27, 1982, and concerning a Consent Agreement and a $1,000.00 fine, is attached to, and becomes a part of, these minutes. Mayor Counihan then called on Mr. Erwin Friedman, attorney for Lighthouse Point Associates, Inc., to explain his petition for a quit -claim deed for an unopened right -of -way, never dedicated, known on the county tax maps as Hollywood Avenue - the group is asking for a quit-claim deed for a portion (30 feet) of this right -of -way, and that the remaining portion (also 30 feet) be granted in a quit claim to the adjacent property owner, Mr. Edwin Berry. He stated that this is a formal request, to clear what might be considered a cloud on a title - saying that the city does not, in fact, own this street. He stated that there is now no public access at this point, and offered photographs to prove that the area is so covered by vegetation that the public cannot gain access to the beach along the right -of -way. He added that, if the city council is concerned for the public's right of access, a public pedestrial easement, including right to use the project's crossover structures, can be granted. 1 1 1 -•28 Councilman Fabrikant stated that the granting of this request will benefit no one but the project, and asked why the developers cannot pave this right - of -way, and use it for access to the project while leaving it open to the public. Mr. Friedman answered that there is no parking available at this spot, and he believes that paving entire sixty feet and allowing vehicular traffic which dead ends, with no public parking available to either side, will not be ad- vantageous either to the city or to the public. He repeated that he believes the city has no legal claim to the street. He further stated that a guarantee of public access, such as is being offered, is more than the city now possesses. Mayor Counihan asked if public access could be granted on both sides of the project. Mr. Friedman replied that Van Horne Street on the west is a public street, but that the crossover structure located a little to the east of Van Horne could possibly be made a public easement, and that the public is already using this crossover in actuality. Councilman Bettencourt asked if the same objectives could not be obtained by leaving the street public. Mr. Friedman replied that it is his opinion that the street is not now public. Councilman Bettencourt then referred to a letter from the Planning Commission chairman dated June 8, 1982. Mr. Friedman stated that such a recommenda- tion (contained in the letter which is attached to, and becomes a part of, these minutes) was an indication of action taken after the meeting, and that all members of the commission were not in agreement with the contents of the letter. Mrs. Dean, with the Mayor's permission, explained that the recommendation contained in the letter was discussed by the commission, but that no motion to that effect was made, and no recommendation was formulated. Councilman Fabrikant stated that he believes'the street could be opened and parking provided along the right of way, just as it is on the south end of the island. Mr. Ed Lee, attorney for Mr. Edwin Berry, then spoke, defending the public's interest in the right -of -way of Hollywood Avenue. He stated that his client has owned the adjacent property for many years, and that this property is currently on the market. He communicated his client's concern that the granting of this quit - claim might adversely affect his client's property value, and asked that Council delay a decision for three months. Councilman Fleetwood then moved that the resolution and quit claim be granted and Councilman Owen seconded. STATE OF GEORGIA CHATHAM COUNTY I QUIT CLAIM DEED • This Indenture, made this day of June 19 82, between CITY OF TYBEE ISLAND, a Municipal Corporation of the first part, and LIGHTHOUSE POINT ASSOCIATES, a Georgia Limited Partnership, of the second part, —: WITNESSETH :— That first part y , for and in consideration of the sum of One and no /100 ($ 1.00 ) DOLLARS and other valuable considerations, receipt whereof is hereby acknowledged, do es hereby grant, bargain, convey, release and forever quit claim unto second part y , its heirs, successors and assigns, the following described property, to -wit: All that certain lot, tract or parcel of land situate, lying and being the northern half of the undeeded, undedicated, unopened and unaccepted strip of land known as a portion of Hollywood Avenue, Tybee Island, Chatham County, Georgia, comprising 0.31 acres, and being more particularly described as follows: Commencing at the intersection of the eastern boundary line of Van Horn Street and the northern boundary line of unopened Hollywood_ Avenue, and proceeding thence N 57° 45' E a distance of 245 feet to the point of beginning; proceeding thence N 57° 45' E a distance of 458.06 feet to a point; thence S 23° 24' 10" E a distance of 30.36 feet to a point; thence S 57° 45' W a distance of 453.39 feet to a point; thence N 32° 15' W a distance of 30 feet to the point of beginning. For a more particular description of the property herein - described, reference is made to that certain map designated as Detail Sheet No. 4, Blocks 33 through 42, inclusive, of Fort Screven Ward, Savannah Beach (now Tybee Island), Georgia, prepared by Fort Screven Development Company in March, 1946, and recorded in the office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book PA ", page 94, and to that certain map or plat prepared by Hussey, Gay & Bell, C. E., dated June , 1982, and recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Book Page TO HAVE AND TO HOLD said property, together with all and singular the rights, members, heredi- taments, improvements, easements and appurtenances thereunto belonging or in anywise appertaining unto second part y , its heirs, successors and assigns, so that neither first part y nor its heirs, successors and assigns, nor any person or persons claiming under it shall have, claim or de- mand any right to the above described property, or its appurtenances. IN WITNESS WHEREOF, the said part y of the first part ha s hereunto set its hand and affixed its seal , the day and year first above written. CITY OF TYBEE ISLAND, a Municipal Corporation SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: B Att k of Council FRIEDMAN, HASLAM. WEINER, GINSBERG. SHEAROUSE & WEITZ ROSE ELIZABETH 9ALEY ATTORNEYS AT LAW Notary Public, Chatham County, Ga. SAVANNAH. GEORGIA 31412 My Commission Expires Jan. S, 1983 S.) S.) (L.S.) STATE OF GEORGIA COUNTY OF CHATHAM RESOLUTION WHEREAS, the CITY OF TYBEE ISLAND, formerly the town of Savannah Beach, has never accepted title to the streets of the subdivision developed by Fort Screven Development Company in Fort Screven Ward, Tybee Island, Georgia; and WHEREAS, the hereinafter described property, although desig- nated as a street or drive on the map of said subdivision, has never been opened or used as a street or drive; and WHEREAS, the municipality has no vested interest in said property and no dedication of the same has been made to the general public by the municipality or otherwise. 7 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Councilmen of the CITY OF TYBEE ISLAND, Chatham County, Georgia, in council assembled, that the following described property shall be conveyed by Quit Claim Deed to LIGHTHOUSE POINT ASSOCIATES, A Georgia Limited Partnership: All that certain lot, tract or parcel of land situate, lying and being the northern half of the undeeded, undedicated, unopened and unaccepted strip of land known as a portion of Hollywood Avenue, Tybee Island, Chatham County, Georgia, comprising 0.31 acres, and being more particularly described as follows: Commencing at the intersection of the eastern boundary line of Van Horn Street and the northern boundary line of unopened Hollywood Avenue, and proceeding thence North 57° 45' E a distance of 245 feet to the point of beginning; proceeding thence N 57° 45' E a distance of 458.06 feet to a point; thence S 23° 24' 10" E a distance of 30.36 feet to a point; thence S 57° 45' W a distance of 453.39 feet to a point; thence N 32° 15' W a distance of 30 feet to the point of beginning. For a more particular description of the property herein described, reference is made to that certain map designated as Detail Sheet No. 4, Blocks 33 through 42, inclusive, of Fort Screven Ward, Savannah Beach (now Tybee Island), Georgia, prepared by Fort Screven Development Company in March, 1946, and recorded in the office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book "A ", page 94, and to that certain map or plat prepared by Hussey, Gay & Bell,•C.E., and dated June , 1982, and recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Book , Page • 0 The Mayor and the Clerk of Council are hereby authorized and directed to execute said Quit Claim Deed to LIGHTHOUSE POINT ASSOCIATES, a Georgia LimitedDPartnership, to carry out the purpose of this Resolution, this — day of June, 1982. CITY OF TYBEE ISLAND Mayor: • Attest: Cler of Council r 1 1 1 29 Mr. Lee asked to be heard before the vote and stated that he does not agree with the interpretation of the law concerning streets as quoted here today; quoting Georgia Code sections which allow all property owners proprietary interests in all streets and lanes. Mr. Friedman rebutted by stating that he is not asking the city council to decide the legal rights of property owners, but only the city's position in relation to this unopened right of way. Councilman Bettencourt moved that the petition be tabled until July 1st and Councilman Fabrikant seconded. A vote was taken, and there were two affirmative votes - not sufficient to carry the notion. The original motion was then called and a vote was taken as follows: two against, three in favor of, and one abstention. The motion to approve the petition for quit claim was thereby granted and the vote recorded as follows: voting for the motion: Councilmen Fleetwood, Alexander and Owen; voting against: Councilmen Fabrikant and Bettencourt; abstaining: Councilwoman Meyers. Attorney Ed Lee then rose, asking time to consult with his client as to whether or not he wishes to be quit - claimed the remaining thirty feet of the right of way. After a short delay, it was agreed that Mr. Berry would be allowed the same consideration given to Lighthouse Point Associates, Inc., with the under- standing that he, too, would grant the public an access easement of no less than ten feet in width along the approximately 703 feet unopened right of way known as Hollywood Avenue on the county tax maps. The next item on the agenda was presented by petitioner Bill Story, representing Tybee Beach Ocean Villas, and requesting an elevation variance. A copy of Mr. Story's written petition, dated June 8, 1982, is attached to, and becomes a part of, these minutes. Mr. Story's petition, essentially, was that laundry and storage facilities be allowed below the 14'2" elevation required by the local Flood Damage Control Ordinance. The Zoning Administrator, Mr. Sebastian J. Orsini, asked permission to speak; this was denied by Mayor Counihan who suggested that this petition be referred to the newly elected Council for their consideration. After a short discussion the petition was denied. An agreement included in the Recreation Department's budget for this fiscal year was discussed briefly. In essence, the agreement is between a Director who will run a sports camp for ten weeks during the summer. This program will replace the former program of summer crafts, games, etc. which is a long - standing one; this is the first time a fee will be charged, and the first time the park program will be totally sports - oriented. After discussion, Councilman Fleetwood moved its acceptance, Councilman Fabrikant seconded and the motion carried unanimously. 1 1 30 vc 4� .5 veal,. —05C" Ordinance (non- codified) was then read. This ordinance is intended to add certain categories to the schedule for fees for busines3licenses. Councilman Fabrikant asked who set the prices, and was informed that the prices are those suggested by the City Treasurer with input from others. Councilman Fleetwood moved to accept, Councilman Jack Owen seconded and the vote was unanimously in favor. Because this is a non- codified ordinance, it becomes effective at once. Ordinance #3 -82, an alcoholic beverage ordinance, was read. It concerns dispensing of alcoholic beverages on election days, and is intended to re- place section 9 -2 -2 of the Tybee Island Code. It was accepted on First Reading; the city attorney commented that this ordinance was made necessary by a change in the Georgia Code, and recommended that this ordinance, or an ordinance with differing provisions, is needed to accommodate the local code to the change in the State Code. Councilman Fleetwood then gave a quick recap of the fiscal condition of the city which was received as information. Councilman Alexander announced that the Consent Order requested by EPD has been signed, and expressed his appreciation to those who went to Atlanta and met with EPD officials, explaining that the trip resulted in a reduction in fine from $8,000.00 to $1,000.00. The meeting was then adjourned. Clerk of Council A.4-tk) 1 JOE D. TANNER Commissioner J. LEONARD LEDBETTER Division Director Honorable Michael J. Counihan Mayor, City of Tybee Island Post Office Box 128 Tybee Island, Georgia 31328 pepartment afura1 Psources ENVIRONMENTAL PROTECTION DIVISION 270 WASHINGTON STREET. S.W ATLANTA. GEORGIA 30334 Re: City of Tybee Island Water Pollution Control Plant NPDES Permit No. GA0020061 Dear Mayor Counihan: Enclosed is the revised Consent Agreement discussed on May 6, 1982 with the delegation from the City of Tybee Island. This Consent Agreement will resolve the NPDES permit violations at the treatment plant during the period from June 1981 through February 1982. The Division expects the City of Tybee Island to attain compliance with all the conditions of your NPDES permit for the month of June 1982 and each month thereafter. Any future noncompliance will result in addi- tional enforcement actions against the City. The City of Tybee Island should sign the enclosed Consent Agreement and return it with a check in the amount of $1,000 by June 15, 1982. This Order is considered a satisfactory resolution to this problem and will allow the City of Tybee Island to rove forward and continue toward positive achievement at the water pollution control plant. JLL:jhhu Enclosure Sincerely, J. Leon Ledbetter Director 1 1 1 8 June 1982 The Honorable Michael J. Counihan Mayor, City of Tybee Island, GA P. 0. Box 128 Tybee Island, GA 31328 Reference: Lighthouse Point Beach Club, Phase II Dear Mayor Counihan and City Council: The Tybee Planning Commission recommends that the city not quit claim Hollywood Avenue to the developer. Access to beach for the public and some additional parking spaces can be achieved in another way which will also serve the developer's need. If developer is willing to pave the full width of street installing good paving, curb and gutter in a design satisfactory to the city, the Planning Commission recommends approval of the plan, pro- vided the buildings constructed by the developer have a reasonable set back from the street and there is no private construction on the city's public street. City should accept the street for continued maintenance in a formal resolution. This does not unduly injure the party across the street, Mr. Ed. Berry, as his view of the ocean will be essentially the same as under the presently approved plan. CF: Mr. Erwin A. Friedman 14 East State Street Savannah, GA 31402 Mr. Charles J. Hcsti P. 0. Box 1538 Tybee Island, GA 31328 Sincerely, /14 4 ARNOLD J. SEYDEN, JR. Chairman, Planning Commission 1 1 TYBEE BEACH OCEAN VILLAS Luxury Condominiums One, 15th Street, At The Ocean Box 2& .Reply O Box 14115 and, Georgia 31328 avannah, Ga. 31406' The Honorable Mayor and Town Cecil City of Tybee Island, Georgia RE: Building floor elevation variance Tybee Beach Ocean Villas One 15th Street Please accept this letter and the attached plan sheet as our petition for a variance from minimum finished floor elevations, as adopted by the City in conformity with Federal Flood Plane guidelines. Island Villa Developers, Inc. is desirous of making certain modifications to its existing building. As reflected on the plan sheet attached to this petition, Island Villa Developers, Inc. now desires to enclose approximately 790 sq. ft. to be used as storage and laundry space. This area is in space now covered parking space beneath the living quarters. The existing garage floor elevation is 12.05' MSL. • In our opinion, the laundry and storage space will offer no personal danger to the resort owners, guests and employees as the space will be in use for only short periods of time, when in use at all. Advance warning systems for storm conditions are adequate to suggest that the space will not be in use at all should a storm condition exist at Tybee Island, Georgia. The space enclosure walls will receive special design consideration, by our architect, in preparing construction plans. Special consideration to be given to construct the walls in such a way as to offer the most minimal resistance to hurricane wind and water. Due to the nature and value of the resort, insurance through the Federal Emergency Flood Management Association is not being relied upon for replacement insurance protection. BCS /as Enc. Plan Sincerely, IS 1 VI ► •'E NC. 1 C. tory, Vice President A TIME -SHARE OPPORTUNITY 0411. Approved Member of Resort Condominiums International, Inc. 1 AGREE T I3gFWEEN CITY OF TY13EI: ISLAND, GF]ORGIA AND I IECfI :AT I ONAL CAMP DIRECTOR THIS AGRFlNFNr, entered into this day of JUNE 1982 by and between THE CITY OF TYBEE ISLAND, P. 0. BOX 128, TYBEE ISLAND, GEORGIA 31328 (Name of Sponsor) (hereinafter called the SPONSOR) and ANTHONY M. ORSINI, P. 0. Box 1211, TYBEE ISLAND. GEORGIA 31328 (hereinafter called the CAMP DIRECTOR). WITNESSLTH: AJ f l' I CI .E. 1: ADDRESSES That the SPONSOR does hereby employ the CAMP DIRECTOR to render professional srrvic s for the actrninistration and daily supervision of the 1982 Tybee Sports (amp tri the extent and kind defined in ARTICLE 2, below. ARTICLE 2: SERVICES The professional service of the CAMP DIRECTOR shall be as follows: It 1 - Planning, conducting, administering and supervising a summer recreational sports camp for boys and girls between the ages of 8 to 14 years. Item 2 - These services shall include but not be limited to the following recreational items: a. Tennis h. Basketball c. Softball d. Horseshoes e. Soccer f. Kickball Item a - The administration of this recreational pram shall include: a. Collecting the set city fee from each applicant and thy• necessary transaction of these funds to the City Treasurer. b. Written account of those funds derived from the Tybee :;ports Can>p Program. 1 1 - 2 - c. Accurate accounting of approved city funds expended for the necessary supplies or equipment required by this program. d. Weekly account of manhours performed by assistants. Avrtny :i TIME. FRAME The CAMP 1)IRECIOR shall conduct the Tybee Sports Camp Program beginning 21 June 1952, 0900 AM, to 06 August 1982, 1530 PM, on a Five (5) Day (Monday through Friday) a week schedule. Memorial Park, Tybee Island, Georgia will Ix the prise site for the (amp. ARTICLE 4: PAYMENT The SPONSOR agrees to pay the CAMP DIRECTOR for professional services as itemized in ARTICLE 2 as follows: A TOTAL SUM of One Thousand Three Hundred Forty Seven Dollars Fifty Cents ($1,347.50), to be paid on a weekly basis, at One Hundred Ninety -Teo Dollars Fifty Cents ($192.50) per week, beginning 25 •Jue 1982 and ending 06 August 1982 (7 Weeks). ARTICLE 5: TERMINATION This Agreenent shall be terminated by the final payment on 06 August 1982. ARTICLE 6: ENWRS»IENT IN WITNESS WHEREOF the Parties have executed this agreement as of the Day and Year first above written: WI'IN7SS C c,...,(• CLERK OF COUNCIL SPONSOR CITY OF TYBEE ISLAND, GEORGIA BY /l ✓��(.r �. CAMP DIRECTOR ANTHONY W. ORS) f • 1 1 BE IT ORDAINED BY THE MAYOR AND COUNCUL OF THE CITY OF TYBEE ISLAND, GEORGIA, THAT THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND, TYBEE ISLAND, GEORGIA BE AMENDED SO THAT SECTION 11 -8 SHALL INCLUDE THE FOLLOWING LICENSES. 260 AUTOMATED BANKING A -01 C -03 125.00 140 COMMERCIAL POOL (IN WHICH A CHARGE IS MADE) 250.00 200 CONCRETE CONTRACTOR OR MASONRY OUTSIDE WALL FINISHING 40.00 R -18 140 REFRIGERATION: SALES OR SERVICE REPAIRS 55.00 230 RIDING DEVICES: GO KART TRACK 350.00 S -19 020 SALES: DAMAGED OR SURPLUS MERCHANDISE 45.00 T -20 220 TENNIS COURT CONTRACTOR 55.00