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19820908CCMeeting1 1 1 42 Tybee Island, Georgia September 8, 1982 A regular meeting of the Tybee Island City Council was held at the City Hall on Wednesday, September 8, 1982. The meeting was called to order at 7:30 p.m. by Mayor Charles J. Hosti. The following members of Council were present: John C. Wylly, Jeanne M. Hutton, James L. Fabrikant, Kilma J. McCutchen, Sebastian J. Orsini and Jerome W. Bettencourt. Thomas J. Mahoney, Jr., City Attorney, was also present. Mayor Hosti welcomed the andience:y ands- invited anyone who wished to address Council to come forward. The first visitor was Ms. Melanie Nichols of the High Tides Surf Shop who asked permission to hold a surfing contest in the area of 13th -14th Street, rather than between 10th and 12th Streets, which is the designated surfing area. She explained that the requested location Provides easier access and stated that signs would be in place for the event, designating the area as a one - time -only surfing area, not changing the designated surfing area permanently. Councilperson Hutton approved the timing of the event, stating that the waves are better in the fall, and that the beach is less crowded. Councilperson Orsini moved the event be allowed; Councilperson Wylly seconded and all voted affirmatively. Mrs. Genevieve O'Connor was the next speaker. She reiterated a complaint about filling of property in the Eighth Street area, and stated that she holds the city responsible for any damages she and other property owners may experience. Mayor Hosti stated that the developer, Mr. Allen Hendrix, has a Corps permit to fill, and that he had himself requested a Corps inspection on September 7th. He personally accompanied the Corps representatives, and they found no violation of the permit. He further offered to contact the Mosquito Control Commission and ask them to inspect a mosquito control ditch in the area. Mrs. Stella Case was the last visitor to appear before Council. She 1 43 explained the location of her home, on an unpaved portion of Miller Avenue, near the site of last Friday night's fire. She called Council's attention to the fact that no fire plugs are to be found in the immediate area, and that hoses had to be connected to plugs on Jones Avenue and pulled to the locality of the fire. She asked if her street could be provided with fire plugs. Mayor Hosti referred the question to the Water /Sewer Chairman, Mr. Orsini, who will investigate. Mrs. Case's request was accepted as a formal petition for at least one fire plug in her neighborhood. There were no other visitors; the meeting was opened for business legally presented. The minutes of the regular meeting of August llth were accepted as read. Bills for August, 1982 were approved as follows: Ceramics - $705.89, Sanitation - $950.07, Sewer Department - $5,794.92, Water Department - $2,861.69, Fire Department - $286.44, Recreation - $6.39, Parking Meters - $147.88, Police Department - $2,456.01, Public Works - $4,366.57 and General Government - $1,928.91. In addition other expenses of $63.60 were approved, as were Capital Outlay Expenses totalling $538.95. Councilperson Fabrikant reported that the South End Drainage Project (Phase One) is completed. This is a 48" line running from 18th Street to Chatham Avenue north to Inlet Avenue and out onto the beach at Back River (Tybee Creek). He stated that the cost of this work was $64,680.00 and that the funds were set aside in the Revenue Sharing Budget for Storm drainage.- He added Phase Two is needed connecting the 18th Street drainage with. Strand drainage across Butler Avenue and both he and the engineer, John Hutton, hope that this can be budgeted in the near future. Councilperson Orsini reported that Planning Commission chairman, Arnold J. Seyden, Jr., has written a letter forwarding two proposed ordinances to the City Council with recommendations for approval. These ordinances are on subdivision 1 1 1 44 regulations and on signs. He stated that he believes these proposed ordinances deserve Council's immediate attention, and tended the Planning Commission, and its sub - committees for their hard work on the city's behalf. He recommended that a meeting be called for the study of these, :ordinances T.as soon as possible. Councilperson Wylly reported on the erosion control committee's work. He commended Joe Agnew for his valuable contributions in planning for the removal of the hazardous metal jettys on the north beach. He also reported that the committee, thie`,Mayor, the Mayor- pro -ten and certain State representatives met with the Corps of Engineers' Coclonel,Dominy today and that the meeting was very productive. Mayor Hosti informed the audience of the support received fran County Commissioner Downing at a recent Chatham Municipal Association meeting, urging the citizens to express to all state and local officials their support for a groin to control erosion at the south end of the island. Polic& Carnnissioner Fabrikant informed the Council that a request for the transfer of a business license for alcohol sales had been received, and that the Police Department has found no reason -to deny the transfer of Novelty Bar's license from Ms. Billie King to Mr. Michael C. Nagle, Jr. Councilperson Fabrikant stated that he wished the applicant were present because the Novelty Bar has a questionable record and he'd like to have the opportunity to speak to him about the city's ex- pectations. He then moved that the transfer of license be approved provided further investigation proves satisfactory; Councilperson Wylly seconded and the motion passed without dissent. Councilperson Bettencourt reported that our city has the only municipal ceramics center in the area, other than City of Savannah's. There were thirteen classes in July, and 94 persons attended. He added that the ceramics center is busiest in the fall, because Christmas is approaching, and more people are using the facility in making Christmas gifts. Councilperson McCutchen reported that the fire dent has recently 1 1 1 45 received some new equipment, that the file cabinet has been delivered, and an office for the maintaining of records is being set up. A typewriter is still needed. Councilperson Orsini reported that the water /sewer department uses fire hoses for tasks such as the emergency pumping that has been going on for a month at First and Butler; in fact scone of the hoses used have been damaged and he asked if they can be replaced out of general funds without depleting the fire department's budget. Under communications a letter from the Tybee News was read, asking that the funding of $100.00 a month granted by the previous administration be continued. Councilperson Bettencourt moved that the funding be dropped to $25.00 per month; the motion failed for lack of a second. There was a lengthy discussion during which Councilperson Hutton suggested that a monthly advertising rate be paid by the city in lieu of a subsidy. Councilperson Orsini moved the matter be tabled for one month, and representatives of the Tybee News invited to speak to Council at the next monthly meeting. Councilperson Bettencourt seconded and the motion passed without opposition. Also under communications the following letters were read and accepted as information: 1) From Ms. Frieda M. Hutchinson, dated August 25, 1982, thanking the Mayor for improvements in the cleanliness of the beach; 2) From General Dotson of the Chatham County Civil Defense confirming the delivery of a 30 KW Generator to be used for emergency power for communications at the police station; 3) From FEMA, two letters: one dated August 27, 1982 and one dated June 14, 1982 - copies of both letters are attached to, and became a part of, these minutes. 4) From Diana Solomon asking that City Council consider another night other than Wednesday for their meetings. 5) The last letter read was one announcing an upcoming meeting of the mayors of the municipalities within the county. The subject of the meeting will be the distribution of the Local Option Salves Tax. Mayor Hosti asked the Mayor pro tem, 1 1 1 and the chairman of the Finance Committee, S. J. Orsini and John Wylly, to represent Tybee Island at this meeting. Mayor Hosti then announced the appointment of Dr. Samuel Rosen to serve on his committee for erosion control. A Resolution accepting a $5,000.00 grant from the Environmental Protection Division of the Department of Natural Resources was read by the City Attorney. This grant is intended to help the city financially in the closure of the old sanitary landfill on Highway 80. Councilman Bettencourt moved its adoption, Councilman Wylly seconded, and the motion passed 'unanimously. All members of the city council then signed the Resolution, a copy of which (contract included) is attached to, and becomes a part of, these minutes. The next item of business was a letter from Sidney Raskin containing two requests: 1) that the city grant permission for a wave splash structure to be erected by a joint effort of several property owners between First and Second Streets on the oceanside of Butler Avenue, and 2) that the city accept financial responsibility for that portion of the structure which extends across an alleyway (20'). A copy of this letter is attached to, and becomes a part of, these minutes, as does the Revocable License granted by the city. After a lengthy discussion, Councilperson Hutton moved that permission be granted, and that the city accept responsibility for the twenty - foot section, at a cost of approximately $300.00, with the understanding that this action is not intended to set a precedent, and does not obligate the city to further construction of wave splash structures. It was made very plain that the city council considers the wave splash structures an interesting experiment, but does not endorse this methodoof erosion control, preferring to await actual experience before evaluating their effectiveness. The petition of John Ranitz to subdivide Lots 11 & 12, Ward 5 (known as PIN # 4 -09 -01 -003) was read by Councilperson Wylly. After a short discussion, Wylly 47 moved that the petition be granted, Councilperson Orsini seconded, and the vote was unanimously in favor. A copy of the subdivision plat is attached to, and becomes a part of, these minutes. Mayor Hosti then explained that Councilperson Orsini has been serving as Zoning Administrator, but that his added duties as an elected official have caused him to wish to be relieved of this duty. He then announced the appointment of Earl R. Anderson to replace Councilperson Orsini, effective September 15, 1982. Councilperson Orsini then announced that the death of Willie Whelan has saddened the entire community, but especially those who are actively involved in the softball league, where Willie had made a permanent place for himself by his enthusiastic coaching and playing. He stated that many softball players have suggested something be done as a memorial to Willie; he moved that a Resolution be prepared naming the lighted softball diamond at Jaycee Park the "Willie Whelan Field ", and that Mrs. Whelan be asked to attend the next meeting to hear this Re- solution read and receive a copy of it. Councilperson Wylly seconded. The vote was unanimously in favor. There was no further business so the meeting was adjourned until the next regular or special= called-meeting. 1 1 1 yS, the CITY 47 -A -1 RESOLUTION of TYBEE ISLAND has applied to the Division of Environmental Protection of the Department of Natural Resources for a grant of financial assistance to secure adequate solid waste management facilities, and; WHEREAS, such facilities are necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Council that the proposed CONTRACT FOR STATE GRANT NO. 83 -SW -34 be and the same is hereby approved and the Mayor is herewith authorized to execute, on behalf of the CITY of TYBEE ISLAND and the Council, the referenced contract and any other related documents or papers necessary to obtain the grant or secure such solid waste management facilities as provided therein. . THIS 8th day of September 19 82. ATTEST:, (Seal) cociyA Councilman Councilman 1 STATE OF GEORGIA COUNTY OF FULTON CONTRACT FOR STATE GRANT NO. 83 -SW -34 THIS CONTRACT is made and entered into this day of 19 and between the Environmental Protection Division of the Department of Natural Resources, State of Georgia (hereinafter referred to as the "Division") and the City of Tybee Island acting through its Mayor and council pursuant to resolutions duly passed hereinafter referred to as the "Grantee ". W I T N E S S E T H WHEREAS, the Division, as established by the Executive Reorganization Act of 1972 (Ga. Laws 1972, pp. 1015 et seq.; Ga. Laws 1972, pp. 1266 -7), is authorized by the Solid Waste Management Act of 1972 (Ga. Laws 1972, pp. 1002 et. seq., as amended) to make grants to municipalities, counties and public agencies to assist them in the construction of solid waste management systems where the need is shown; and WHEREAS, the 1982 General Assembly of Georgia appropriated 1.5 million dollars to the Division for grants to local governments during Fiscal Year 1983 to assist them in the construction of solid waste management systems; and WHEREAS, the Grantee has demonstrated that financial assistance is necessary to meet immediate solid waste handling needs and has met all requirements for such assistance from the State, including receiving a high ranking under the priority system established by the Board of Natural Resources; and WHEREAS, the Grantee in a duly held meeting on ,19 , adopted a resolution, attached hereto and incorporated herein by reference, approving this contract and authorizing the acceptance hereof; 47 -A -3 1 NOW, THEREFORE, for and in consideration of the mutual benefits flowing to each party as hereinafter appear below, the parties mutually agree as follows: A. The Grantee agrees: 1. To provide for and expend local funds and /or provide site preparation or services to match the expenditures of the grant funds for construction of solid waste management projects; 2. To obtain bids if required by local ordinances or State law for the purchase of all equipment and other items for the project; 3. To maintain all project records in an orderly form and to keep all records for State inspection for at least two years after final payment; 4. To purchase and utilize all equipment and other project items as described in the manner indicated in the grant contract; 5. To operate and maintain the solid waste management facilities in compliance with all State laws and regulations adopted pursuant to such laws, including but not limited to those of the Department of Natural Resources; 6. That all equipment purchased with any part of State and /or local matching funds designated for this project will not be utilized in any activity not directly related to solid waste management; 7. That equipment purchased with funds obtained through the sale or trade of equipment purchased with State and /or local matching funds from this or any previous solid waste grant will not be utilized in any activity not directly related to solid waste management unless otherwise approved by the Division. B. The Division agrees to award the Grantee a solid waste management grant in the amount of $ 5,000 (to be distributed as appropriate, to co- grantees. The Division shall award the Grantee 50 percent of the grant offered after expenditure of at least 50 percent but less than 100 percent of the said total project cost as indicated in paragraph C.4. below, and shall award the Grantee the remaining part of the grant offer after expenditure of 100 percent of the said total project cost or after all authorized items have been obtained or funds obligated for the same. 1 1 47 -A -4 C. The Division and the Grantee mutually agree: 1. Final payment to the Grantee by the Division shall not be made until all solid waste management facilities operated by the Grantee are in compliance with the Rules and Regulations for Solid Waste Management, Chapter 391 -3-4 of the rules and regulations of the Department of Natural Resources. 2. That payments to the Grantee by the Division shall be based upon purchase contracts, invoices, cancelled checks and /or other documents obligating expenditures for materials, services or equipment, such documents to be furnished to the Division by the Grantee; the foregoing documents must be accompanied by detailed specifications which duly described the materials, services and /or equipment obtained by the Grantee. 3. That prior to the purchase of any specific item of equipment, services or other expenditures under the provisions of paragragh C.6. below, written approval of such purchase will be obtained from the Director, Environmental Protection Division. 4. That the Total Project Cost shall be the sum of the; (1)Total Project Expenditures and (2)the Total Allowable Value of In -Kind Matching. 5. That the local matching funds or services shall in any event equal at least 50 percent of the Total Project Cost. That any expenditures in excess of the Total Project Expenditures listed in paragragh C.6. below must be obtained from sources other than State funds and local matching funds designated for the State Solid Waste Management Grant Program, unless otherwise approved by the Division. In the event that the Total Project Expenditures is less than the amount indicated in paragragh C.6. below, an appropriate reduction shall be made in the State grant payment so that in no circumstances shall the amount of the State grant exceed 50 percent of the Total Project Cost. That the total amount or value of local matching to be credited toward the Grantee's 50 percent local matching shall not exceed the amount specified in paragragh C.7. 3 47 -A -5 1 6. That the following items shall constitute that equipment, services or other expenditures necessary for the implementation of the described grant project, the total cost of which shall constitute the Project Expenditures: Close old site Total Project Expenditures: 10,000 7. That the allowable value of in -kind matching for specific items shall be as follows: AUTHORIZED ITEMS OF MAXIMUM ALLOWABLE IN -KIND MATCHING VALUE TOTAL ALLOWABLE VALUE OF IN -KIND MATCHING: TOTAL PROJECT COST: 10,000 1 1 1 47 -A -6 8. That if the entire amount of the solid waste management grant and local matching funds designated for the State Solid Waste Management Grant Program has not been expended or obligated by the Grantee on or before onq! full year from the date of this contract, the Division at its option may terminate this contract by written notice to the Grantee. Upon receipt of such notice by the Grantee this contract shall terminate and end. Upon such termination by the Division, the Grantee shall reimburse the Division the amounts expended or obligated under this contract, less the amount of local matching expended or obligated on the date of termination. 9. That the proceeds of this contract may not be assigned, nor may the performance thereunder be delegated, except with the prior written consent of the Director of the Division. D. 1. That this contract is based on the condition that if the Grantee fails to perform fully that which it herein agrees to perform, this contract shall be void and of no effect and in such event any funds thus far paid by the Division to the Grantee shall be returned, and shall be due and owing to said Division; but if Grantee's obligations hereunder are fully and truly performed, this contract shall be and remain in full force and effect. 2. The failure of the Division at any time to require performance by the Grantee of any provision hereof shall in no way affect the right of the Division thereafter to enforce that same provision or any part of the contract, nor shall the failure of the Division to enforce any breach of any provision hereof, be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the contract itself. 3. If the Grantee is a nonprofit contractor as defined in subsection (b) of section (1) of Ga. Laws Nineteen Hundred Seventy -Six (1976), p.1414, as amended, then the Grantee agrees to comply with the provisions and requirements that the State of Georgia may subsequently require in the implementation of said Act. 4. In carrying out its obligations under this contract, the Grantee is acting as an independent contractor. While the Division will not exercise day -to -day supervision over the actions of the Grantee, the Grantee is responsible for full performance in accordance with the contract terms and conditions. 5. The Grantee covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under this contract. The Grantee further covenants that in the performance of this contract, no person having any such interest shall be employed or contracted with. 6. The parties hereto certify that the provisions of law contained in the Act prohibiting full -time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956, (Ga. Laws 1956, p. 60), as amended, and unofficially codified in sections 89 -913 through 89 -918 of Ga, Code Annotated, have not and will not be violated in any respect in regard to this contract. 7. That this contract is at all times subject to applicable State laws, standards and /or rules and regulations now existing or which may be hereafter inacted and /or adopted by the State of Georgia Department of Natural Resources; and that this contract and all rights, priviledges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 8. The Grantee hereby agrees to defend and to hold the Division harmless against all actions, proceedings, causes of action or costs arising out of or incurred as a result of Grantee's actions or performance under this contract. 9. This contract represents the sole and complete understanding between the parties hereto and may be amended, changed or modified only by a written document signed by the parties hereto. 1 1 1 1 47 -A -8 IN WITNESS WHEREOF, the parties have hereunto, and to a duplicate hereof of like tenor and effect, acting by and through their duly authorized officers and agents, set their hands the day and year first above written. WITNESS AND SEAL GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION BY: NOTARY PUBLIC J. Leonard Ledbetter, Director WITNESS AND SEAL NO e NOTARY PUBLIC IIJJ ROWENA B. FR1PP Notary Public, Chatham County, Ga. My Commission Expires July 28, 1985 CITY OF TYBEE ISLAND GRANTEE TYPE NAME: CHARLES J. HOSTI TITLE: MAYOR LAW OFFICES RASKIN & DEBELE 114 OGLETHORPE AVE.. EAST SAVANNAH. GEORGIA 31401 SIDNEY L. RASKIN CHARLES M. DEBELE August 31, 1982 Ms. Rowena Fripp Clerk of Council Town of Tybee Island Tybee Island, Georgia, 31328 Dear Ms. Fripp: 47 -B -1 236 -0241 AREA CODE 912 In accordance with our telephone conversation with reference to ex- tending the splash barrier North along the sea wall from Tybee Lights, please see the enclosed sketch. Ratchford & Moore, who erected the original portion, will do this work for $2,250.00. This works out at $15.52 per foot. We think that the owner of Lot One will agree to pay for her footage. The owner of Lot Three would pay for the footage in front of that lot at the sea wall. We respectfully request that the Town of Tybee pay for the twenty (20) feet in front of the alley shown on the plat and put in some back fill as needed. Please have a permit issued and advise if the town will agree to pay for the twenty (20) foot portion and install back fill as needed. Any recipient of this letter will please call me if there is any question. This installation will be very effective during the coming Fall North- easter Season. Thank you for your attention and cooperation in this matter. urs very truly, S ■• Y L. SKIN, Owner 108-C Tybee Lights SLR /ac encl. cc: Dr. Jules Victor, Jr . , Chairman Dr. Fred Marland Ms. Jeanne Hutton Ms. Margie West Ms. Ann B. Lefcourt 1 1 1 47 -B -2 REVOCABLE LICENSE FOR F -QR1=V€R•4l,l641R€ WAVE SPLASH STRUCTURE The undersigned applicant hereby requests permission from the City of Tybee Island, Georgia, to construct a dune. crossover- structure for the purpose of erosion control and protection of certain waterfront property located within sa 4..ctty 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. t 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 Assistance Permit is issued and a copy of same is filed with the Clerk of Council of said city. Date Applicant's Signature Address NOTE: AREA INCLUDED BEGINS AT FIRST STREET AND INCLUDES TYBEE . LIGHTS CONDOMINIUMS. 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 day of or ATTEST: i Clerk ouncil PHYLLIS L. CARY CITY TREASURER ROWENA B. FRIPP CLERK OF COUNCIL THOMAS J. MAHONEY, JR. CITY ATTORNEY, RECORDER PHONE 786 -4573 MAYOR CHARLES J. HOSTI CITY OF TYBEE ISTAND Executive Offices — City Hall P.O. Box 128 TYBEE ISLAND, GA; 31328 September 10, 1982 Mr. Sidney L. Raskin 114 Oglethorpe Avenue, East Savannah, Georgia 31401 Dear Sir: 47 -B -3 SEBASTIAN J. ORSINI, MAYOR PRO TEM CITY COUNCIL JEROME W. BETTENCOURT JAMES L. FABRIKANT, JR. JEANNE MOONEY HUTTON KILMA J. McCUTCHEN JOHN C. WYLLY, JR. In response to your written request of August 31, 1982, the Tybee Island City Council took the following action at their regular meeting of September 8, 1982. 1. The city agrees to pay for a wave splash structure in front of the alley Shown on the plat you provided; the cost to the city not to exceed $300.00. Back fill can be provided by arrangement with the public works department in quantities, and at times, to be approved by the public works committee. 2. A revocable license (or permit) is attached. This license is intended to include the entire area in which the activity is to occur, and to include those neighboring property owners named by you in your communication as participants in the project. The City Council, in agreeing to pay for a twenty -foot section of this wave splash structure, has made clear that this action is not intended. to set a precedent for any future action on their part, nor is this action to be inter- preted as an acceptance of any responsibility on the part of the city to erect other such structures. CC: Coastal Protection Section, DNR 1 Y. R•.,- B. Fripp City Clerk /Administrator As PARCEL "A" OLa PARCEL "11" 78.75' -0 N. 66° 35' O. s 78.75'- ° N. 66 °35'W. S. 66°55'E A -y 76.75' 't CM Set 5%66°35'e — 78.75' t' STATE OF GEORGIA CHATHAM COUNTY a I.E. 24 "RCP .1. 24.97' TWO STORY BRICKS SN/NBL.! PA RCEL "C" / _'l L. '. l 119'? 4 0f PARCEL "D" s 8 a Z ASPHALT 'r 1 DRIVE 76.73' P., Nall te. 78 ' •• -~ �.E.18 "RCP 4.14 /57.50' N.66 5'W. L _ /Bth STREET 60' R/W PLAT OF A DIVISION OF LOTS II 9 12 , WARD 5 . INTO FOUR PARCELS, TYBEE ISLAND, GEORGIA. I CERTIFY THAT THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN PREPARED IN QONFORMITY WITH THE MINIMUM STANDARDS AND REQUIREMENTS OF LAW. W GHT C. POWERS GEORGIA REG. LAND SURVEYOR NO. 933 N • CMF • 9 O e-.80 Cone Cop/ne Approved by Mayor and Council Olt of the City of Tybee Island, Georgia, this day of , 1982. W Clerk of Council LU (IMPRINT SEAL) e‘ Q9 CMF • Conerete Monument Found CM • Comet• Monument CI 9,109 Wall a 8rlet Column 9.79 Y.S.L. Elevation THIS IS TO CERTIFY THAT I HAVE CONSULTED THE. FEDERAL INSURANCE FL000 HAZARD MAP AND FOUND THAT THE ABOVE DESCRIBED (IS MIR) LOCATED IN A SPECIAL FLOOD HAZARD AREA. SURVEYED FOR: JOHN F.M. RANITZ JR.,FREDA S. RANITZ SCALE ; 1" • 30' DATE : 8/16/82 FILE : S82.87 DOUGHTY, POWERS a RAM EE, INC. Consulting Engineers 8 Lone Surveyors 4111 MONTGOMERY SS, SAVANNAH, GA. 31405 (912) 233 -3697 1 1 47 -D -1 Federal Emergency Management Agency Region IV 1375 Peachtree Street, NE Atlanta, Georgia 30309 Honorable Charles J. Hosti Mayor, City of Tybee Island Post Office Box 128 Tybee Island, Georgia 31328 Dear Mayor Hosti: August 25, 1982 mil. Y 7 AUG 271982i, I-' 7; c �L £RK; It was a pleasure meeting with you, Mrs. Fripp and Mr. Mahoney in Tybee Island last week. I feel that you and your staff and Mr. Massey and myself all benefited greatly from the discussions concerning the problems with enforcement of the Flood Damage Prevention Ordinance. We have asked our Central Office representatives to contact Mr. Mahoney to discuss possible methods to correct the construction violations. Please keep us informed of actions taken by the city to abrogate these problems. If we can assist with the re- writing of your ordinance or in any other way, please contact us. Sincerely, /%/) /2V C. Richard Mayson Chief Natural Hazards ranch, NTHD 1 47 -D -2 June 14, 1982 Mr. Charles J. Hosti Mayor -Elect City of Tybee Island Post Office Box 1538 Tybee Island, Georgia 31328 Dear Mr. Hosti: -TEM We have recently received your letter and congratulate you on your recent election as Mayor of the City of Tybee Island. We look forward to working with you and your administration to resolve the problems associated with the city's enforcement of the National Flood Insurance Program Regulations (NFIP). The City of Tybee Island entered the NFIP on January 14, 1972 and as of April 4, 1982, a total of 571 flood insurance policies were in effect with over 26 million dollars in coverage. A Community Assistance and Program Evaluation meeting conducted in Tybee Island on June 10 and 11, 1981, revealed many deficiencies in the enforcement of the city's Flood Damage Prevention Ordinance. (Please refer to the enclosed June 29, 1981 letter). The enforcement of adequate flood plain management regulations is a prerequisite to a community's participation in the National Flood Insurance Program. Because of the deficiencies stated, the city was placed in an indefinite "probationary" period in order to attempt to resolve the problems associated with the city's enforcement procedures. Certain information was requested concerning building permit, elevation, and other general information pertaining to the City of Tybee Island's enforcement of its Flood Damage Prevention Ordinance. After this information was received and reviewed, an on site inspection of the flood plain construction in the city was made by Bill Massey of our staff. During that visit to the city, a meeting was held (March 18, 1982) with Mrs. Fripp and Mrs. Daley in the City Hall to discuss our findings and recommendations for resolution of the problems. To summarise, the Flood Damage Prevention Ordinance adopted by Tybee Island had not been adequately enforced. Notice was given to permit applicants of the applicable first floor elevations but no attempt was made to verify that structures were actually built in compliance with the elevation requirements. get C or; CUFU t NCE I 47 -D -3 Apparently no attempt was made to comply with the coastal high hazard area ( "V" zone) construction requirements as many structures were constructed slab on grade in the velocity zone. Anchored piling construction techniques should have been utilized and certifications from architects or engineers, certifying to the adequacy of the construction design, should have been obtained. A third major problem consists of utilization of the space for habitable purposes below the base flood elevation. Many structures apparently were built in compliance with the Flood Damage Prevention Ordinance. ;However, the area below the first floor was subsequently modified to incorporate living areas, bathrooms, workshops and other habitable uses, all in violation of the city's ordinance and the regulations of the National Flood Insurance Program. It is important to remember that this ordinance is applicable to both commercial and residential construction. It is imperative that the City of Tybee Island take immediate action to abrogate, to the maximum extent possible, these violations of your code and the underlying intent of minimum flood plain management criteria required by the National Flood Insurance Program. As a minmum, the city must: 1. Officially cite each structure which is in violation of the Flood Damage Prevention Ordinance. Official citation should be to the person or firm responsible for the violation, i.e., the person who signed the permit. (If this is not the present owner, a copy should also be sent to the present occupant). 'You should cite the specific ordinance violation and impose appropriate penalties as required by Section 8-5-12 of the city's ordinance. In some cases it may be possible to correct the violation and in those situations, the citation can later be withdrawn. A list of known violations is included in this letter. 2. Provide this office with a copy of the official citation or other appropriate action taken. In those cases where action is taken by the owner to correct the violation and the citation is withdrawn, e copy of the notice withdrawing the citation. should be submitted. 2 47 -D -4 3. Take appropriate measures to assure that the city will comply with the provisions of the Flood Damage Prevention Ordinance and notify this office of the actions taken in this regard. Our staff will be happy to assist catty representatives in develop- ing the proper forms and techniques with which to enforce your regulations. The following is a list of many of the structures which are in violation of the city's ordinance and the regulations of the NFIP. The list is broken down by the type of violation which is applicable to the individuals property. This list is not comprehensive since information was not available on many other structures which appeared to have been constructed in violation of the ordinance requirements. If you are aware of ether structures which are not in compliance with the ordinance, those should also be cited. A. Elevation Violations (A- Zones) Location City's Pin # 1. 1209 Fifth Avenue 4 -11 -02 -003 2. 1408 Chatham Avenue 4 -11 -08 -008 3. 1806 Chatham Avenue 4 -09 -08 -002 4. 414th St. 4 -07 -06 -003 5. 1407 Chatham Avenue 4 -11 -08 -006 6. 10 -7th Terrace (706 Butler) 4- 05- 20 -014A 7. 202 Miller Avenue 4 -04 -11 -001 8. 506 7th Street 4 -05 -14 -007 9. 1009 Miller Avenue 4 -12 -01 -004 10. 1602/1604 2nd Street 4 -08 -16 -001 11. 827 First Street 4 -20 -05 -018 1.2. 819 First Street 4 -20 -05 -022 13. 405 16th Street 48824802002 14. 302 First Street 4882616 -013 - 15. 405 16th Street 4 -08 -12 -009 16. 3 Lighthouse Lane 4 -20 -05 -015 17. 1516- Chatham or 1513 Fifth 4 -10 -02 -004 18.' First St. (Commercial) 4 -03 -05 -004 Fleetwood -Move -Towns B. Violations - VBlocity Zone Location City's Pin # 1. 104 Butler 4 -04 -03 -002 2. 118 Butler Not available 3' Pang aita/Bath House 4 -08 -03 -001 - 4. 1307 A Strand 4- 07- 05 -011A 5. 1307 B Strand 4- 07- 05 -011C 6. 1309 A/B Strand 4- 07- 05 -011B 7. 5 8th Street 4 -06 -01 -003 8. 2 Seventh Terrace 4- 05 -20 -0) 4D 9. 609 A/B/C Strand 4 -05 -09 -004 4 1 1 1 10. 1613 Strand 11. 118 Pulaski 12. 1 13th Street 13. (1 -A Center Place (1 -B Center Place (1 -C Canter Place Lower Floor Habitable- possibly 4 -08 -06 -010 Not available Not available 4 -05 -06 -006 4- 05- 06 -006A 4- 05- 06 -006B could be corrected. Location City's Pin it 1. 908 Jones Avenue 2. 501 Jones Avnnue 3. Lot 6 Eagles Nest 4. Ocean View Court (Behind Ocean Side Nursing Home). 5. 1705 Butter Street 6. 49 Jones Avenue 7. 605 Miller 8. 607 Miller 9. 1215 5th Avenue (602 13th) 10. 501 7th Street 11. 10 8th Ct. 12. 1519 Chatham 13. 1202 Venetian 14. 1406 Chatham Avenue 15. 6 5th Avenue 16. 3 5th Avenue 17. 4 5th Avenue 18. 8 5th Avenue 19. 908 JOnes 20. 1710 Lhvell Avenue 21. Strand at 15th (Bath House) 22. 109 Bay 23. 111 Bay 24. Several other structures 4- 06- 09 -OO1A 4- 04- 25 -006A 4 -19 -02 -012 4 -03 -10 -002 4- 09- 02 -003A 4 -03 -14 -004 4 -05 -14 -012 4- 05- 14 -012A 4 -11 -02 -005 4- 05- 15 -003A 4 -0 4 -06 -03 -009 4 -10 -03 -003 4 -11 -01 -001 4 -11 -08 -004 Not available Not available 4- 03- 11 -OO1C 4 -03 -11 -001 4- 06- 09 -001A 4 -09 -02 -0030 4 -08 -03 -001 4 -21 -16 -006 Not available on Bay Street. 47 -D -5 If the city has relevant information concerning any of the listed structures which would show that the building is in fact in compliance With the flood ordinance, this information should be brought to our attention. We feel that the present city ordinance is acceptable and that a vigorous enforcement program would bring the city into compliance with NFIP regulations. We welcome the chance to work with the city to upgrade your enforcement and inspection procedures so that continued eligibility in the National Flood Insurance Program can be assured. My staff is available to meet with you on a mutually agreeable date. A community suspended from the NFIP is no longer eligible for the sale of flood insurance or any federal financial assistance for acquisition or construction purposes in the flood prone areas of the community. 47 -D -6 Please provide to this office within 90 days of the receipt of this letter, all actions taken to fulfill the abrogation measures required in Items 1, 2 and 3 previously listed. The City of Tybee Island will remain in a "probationary" period until such time as these actions are satisfactorily completed. If we can provide any further information or assistance in this regard, please contact Bill Massey of our Natural and Technolo- gical Hazards Division at (404) 881 -2391. P9.37(7;°V lov„P/ Major P. May Regional Director Enclosures cc: RD NT /WGMASSEY /GCWOODARD /mj /x2391