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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
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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
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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
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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,
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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
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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.
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yS, the CITY
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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
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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;
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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.
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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.
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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
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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.
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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:
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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
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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:
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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"
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PARCEL "D"
s 8
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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
•
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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
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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