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19881110CCMeetingTybee Island, Georgia November 10, 1988 The regular monthly meeting of the Tybee Island City Council was held on Thursday, November 10, 1988 at 7:30 p.m. Mayor Walter W. Parker presided and the following members of City Council were present: Jean Davis, John O'Neill, Paul Jackson, Bill Walsh, Jack Youmans and Chris Solomon. Thomas J. Mahoney, Jr., City Attorney, was also present. Mayor Parker welcomed the audience and began the meeting with the announcement that the public hearing for a subdivision on Chatham Avenue by petitioners Bazemore & Gilpin, architects, had been withdrawn by the petitioner. It will be re- advertised when petitioner is ready. Mike Root of Tybee Cable TV, Inc. appeared as a visitor, to talk about the cable company's plans for the years, including changes and rate increases. Fitz Simmons commented on this. Thomas J. McNamara, attorney, spoke for a client who is attempting to purchase a house at 403 Tenth Street, and is petitioning for a permanent easement since a portion of the porch of the house extends into the city's right of way. Discussion was postponed to the formal business portion of the meeting. Jeanne Hutton spoke for the Beach Litter Committee, asking that their recommendations be brought for a vote at the December Council Meeting. Mayor Parker referred this to Police Commissioner Jackson for his committee's consideration because the major portion of the recommendations were in the area of enforcement. Mr. Charles Hosti spoke of the city's cash reserves, and of their . rapid depletion, citing figures from the past three years. He cautioned that very little reserves are left, and that City Council needs to carefully evaluate current expenses. David DeBorde spoke of the litter problem, saying enforcement should already have begun. The meeting was opened for business legally presented. Minutes of the October 13th meeting were approved as written. Bills for October were approved as follows: Police /Parking $ 3,837.74 Gen. Government $ 4,679.37 Public Works $ 4,026.00 Sanitation $14,180.00 Water /Sewer $ 5,224.23 Fire /lst Responder $ 2,096.36 Recreation $ 533.22 1 1 Tybee Island, Georgia November 10, 1988 Page Two The petition for perpetual easement for 403 Tenth Street was considered. The findings were: that the intrusion into the right of way had existed for 18 years or more; that the widening of this right of way is unlikely; that there are no legal hindrances to the granting of a limited easement with a restrictive, reversionary clause or clauses; that removal of the intrusion might destroy the house. Councilman Walsh moved that the petition be accepted, with the clear statement included that nothing else can be built on this easement, and that the nonconforming use not be increased. Councilmember Davis seconded the motion which passed with the addition by Councilman O'Neill of the statement that the minutes reflect the intention of the legislation be to limit the use of the easement to the existing structure only. The vote was 6 - 0. In a report from the Finance Committee, Councilmember Davis stated that the budget revisions are about ready, and that they are very few. Council- man Solomon requested that the department heads be asked to meet with the Finance Committee prior to finalizing the budget amendments, and Councilmember Davis agreed. She recommended that everyone hold the line, living within their budgets. She also recommended that the contract for the city's annual audit be extended one year, and there being no objection from the Council, this stands approved. Planning Commission Chairman John Hutton reported that the project called "Sand Castles" on the strand at Center Street was recommended for approval providing the city submits a letter saying that the setbacks are legal and proper. The Chatham Avenue subdivision project, removed from tonight's agenda at the petitioner's request, was disapproved due to access. He stated that only the Mayor and Council can grant private drive access. A correction in the FEMA ordinance, Section 8 -5 -17, adding the word "GA registered surveyor" to certification of A zone construction. The addition was read, and Councilman Solomon moved its adoption. Councilman Youmans seconded and the vote was unanimous in favor. A second reading followed immediately, with Councilman Solomon making the motion which was seconded by Councilman Jackson. The vote was again 6 - 0 in favor of the change. A letter from the leaseholder for Sandpiper (the North Beach Franchise) was read, and referred to the attorney who will advise the City Council. The leaseholder wants to relinquish his lease in favor of a private club. 1 1 Tybee Island, Georgia November 10, 1988 Page Three Mr. Mahoney brought forward the matter of the vote taken at the September meeting when the Council approved by a 4 - 2 decision the petition of the Newsome family to swap by quitclaim 10 feet of Van Horne Drive for ten feet within the park. A recent survey shows that the city has encroached ten feet onto the property of the Newsomes with its street. Councilmen Youmans and Solomon objected, saying they had voted against the swap and that they are not satisfied with the survey and can't locate the property markers. Mayor Parker asked all the Council members to look at the property again, and postponed action until such time as reasonable questions concerning the survey are satisfied. Minutes of the meeting of September 8, 1988 were read to refresh. Council's minds as td exactly what action had been taken at that time. Action on the matter was tabled until the regular December meeting. The Mayor then announced that the Council would adjourn briefly into an executive session to discuss a personnel matter. In executive session the City Council heard a complaint from Jerome King. The complaint concerned the police department and its alleged handling of calls from Mr. King's estranged wife. He further alleged that he had been deprived of his legal rights by the police department. The information was accepted as such, as the city's attorney will advise the Council as to what action, if any, is appropriate under the circumstances. The meeting was adjourned. MAYOR 1 1 1 gilpin + bazemore /architects & planners, inc. 1810 ABERCORN STREET POST OFFICE BOX 10181 SAVANNAH, GEORGIA 31412 912/234 -4421 November 8, 1988 Ms. Betty Lanier City of Tybee Island P.O. Box 128 Tybee Island, Georgia 31328 Re: Proposed Duplexes for David W. Steffes Tybee Island, Georgia Project No. 8826 Dear Ms. Lanier: We do hereby request to have our Preliminary Plan Submittal on the above referenced project removed from the agenda of City Council Meeting of November 10, 1988. Sincerely OG IN + BAZEMORE /ARCHITECTS & PLANNERS, INC. .T / alton L. Bazemore, 1 1 STATE OF GEORGIA COUNTY OF CHATHAM EASEMENT WITH A RIGHT OF REVERSION For and in consideration of the sum of one dollar ($1.00) in hand paid, and other good and valuable considerations, the undersigned (City of Tybee Island, Georgia) hereby grants unto Larry D. Pittman, hereinafter referred to as grantee, a perpetual easement for the purpose and uses hereinafter set forth, over, through, and across the following lands, to -wit: All that certain lot, tract or parcel of land situate, lying and being in the town of Tybee Island, Chatham County, Georgia known as: t. ,t 56B, Ward 3, being more fully described as follows: Beginning at an iron pin set where the northerly R/W line of Tenth Street meets the Easterly R/W line of Jones Avenue; thence North 19° 30' East a distance of 60' to an old concrete monument; thence S( ,th 70° 30'East a distance of 78.75' to an old concrete monument; thence South 19° 30' West a distance of 60' to an iron pin set; thence North 70° 30' West a distance of 78.75' to an iron pin set which marks the point of beginning: All that certain lot, tract or parcel of land situate lying and being in the town of Tybee Island, Chatham County, Georgia, kn n as a 6' perpetual easment being a portion of 10th Street, Ward 3, being more fully described as follows: Beginning at an it 1 pin set where the Northerly R/W line of 10th Street meets the easterly R/W line of Jones Avenue; thence South 70° 30' East a distance of 78.75' to an iron pin set; thence South 19° 30' West a distance of 6' to a point; thence North 70° 30' West a distance of 78.75' to a point; thence North 19° 30' a distance of 6' to an iron pin set which marks the point of beginning. For the purpose of a porch which has been inadvertently extended across property line and into the area designated above as easement property. In the event that the structure now resting in the easement is re- built, repaired, re- modeled or in any fashion, re- designed so that the structure no longer encroaches or extends into the aforesaid easement then at that time, all easement right, title interest and ownership shall revert to the City of Tybee Island, Georgia in its entirety. The Grantee by acceptance of said Easement does agree to refrain from any additional building or construction within said easement. The easement herein granted shall bind the heirs and assigns of the undersigned party, and shall inure to the benefit of the successors in title of the grantee. WITNESS, the hand(s) and seal(s) of the undersigned, this day of ', �il'�/� , 19_.x" Signed, sealed, and delivered presence of; rialustArIU • in the CITY OF TYBEE I GEORGIA Notary Public ROSE E. LINIER Notary Public. Chatham County, Ga. My Commission Expires Jan. 12, 1991 BY: A EST: 1 RI( II. \RI' I' 11 \l'()1 (I'\ A11!! \ \I .\ -\11111 (I•\ T INIX)I. & Si�tITIi (I RI IFII`I) P['RLI( At( OI'N'1'ANIS 'I'• \ \' 11 R()1'(;IIION SIRP.!''t'. SLt11F. 1(11 !• (1 R)\ SIlo) ( ;FOR( ;IA 111!' fig I II'r•t i1) 1O ^,f: Mrs. Ros PIKI f l t i I'p . C i t y 111m i r i „t r:1 t r,, City of Tyhrn r ;r,trs' 1 1 P.O. ReN 1' T\•hr•r T!l'Innrl Grnr r' i' 113',2 Tlrnr Rn(onr.1 Members American Institute of CPAs Georgia Society of CPAs T'i1T'S11T1r13 to nlrt rnl3V ^r ti1111 l:lt (,r'r'l ;. n•r are happy to offer to the City of Tt'11, r i hr' f'1 1 o ill', i' r,ltr,': 1 1 t rr:, t rl i nc, ,,,, ►.(• j ('P ; t o he provided t o von. 1'7r i'1 r'posr 1 r1 VP'l an r••' t r'11R i It h% +t,• ]Wile t llr• \•!'i!3' ending l\pr i i 10. 19119 of oitr .111!1 j t '1W;'grmr'n t 1't t "t' (1:'I t''ri . \pt i 1 "�' 19n7 (1111' fee for the f i'4rn l year 1989 r'llrrl,('rmrll t will hr+ Q7 , loo iI thr• '''1111 r ►R1'.; ''' ,ir' ;r rih('d ,31)11\'' :tro f1(t'.r•pl1111(' in t hr ';n,lrr pi n\.- i (irrl Ilr' t r')'' :'nrl return thin proposal to us. Rr'tprrl fn11\• "ithmit tP11, f1\'imT. ,G ';MT131 rrr t if 1rrl l'nhl it Accountants 1101 tllr' T'j3•m to \'ntt please sign Thr sr "'.•1) l' '1PSI')'iltr•11 :13''' $' me ill a(1'IIt'rinnrr with our t'equi.remr'iit 61131 the terms r 1 t r hrt r • 1) \ ' ,$,.1.130 I n (rt. 1 I,r f i ,'.I 1 l r'f1I ending Apr I 1 .'•o. 1989. Sirrlt;ltllrc / It1' Tlatr 1 1 1 Tybee Island Planning Commission Minutes November 7, 1988 I. John Hutton called the meeting to order. Roll call was then held. Tom Hollingsworth was absent, all other members present. II. Minutes read and correction was made concerning Articlelll RE to Rusty Fleetwoods' letter. III. Correspondence: Several letter from concerned citizens against Subdivision of 1619 Chatham Avenue - Steffes. IV. Report of Secretary: Monthly expense for October - $180.20 V. Committee Reports: None John Hutton wants all outstanding reports in before next meeting. VI. Unfinished Business: a. Sand Castles- Center Street -Tommy Clark: Clark removed himself from panel because of his interest in project. Hutton read reports from city dept. heads (see copies) all except DPW. Jeanne Hutton spoke concerning setbacks on Center St. because of height reg- ulations is against not having to add a foot for every foot above height regulations. Mr. Clark spoke saying that he had received a letter from City Attorney Tom Mahoney stating that because development is on street they would not have to add 1 foot for every foot above 35' in height. After discussion this project was passed with special conditions, see attached form. Mary McAfee made a motion to recommend approval to Council, seconded by Loree Anderson. Vote unanimous. b. 1619 Chatham Avenue - Subdivision -David Steffes: A number of citizens attended the meeting. The commission gave each 5 minutes to speak for or againt the project. Their comments lasted about 30 minutes total. The Planning Commission after hearing discussion made a motion to recommend to Council for denial. VII. New Business: a. Final Plats -Ocean View Villas - Fleetwood: b. J.L. Sapp- Subdivision - Lighthouse Lane c. Ocean View Condo- W. L. Riddle, Jr.- Oceanview Court The Planning Commission accepted the final plats on all above project for review and will make recommendation -to Council. VIII. Announcements: Mary McAfee said that the Tybee News will have a giant Christmas Card in the December issue. Local citizens may sign card for a small fee. IX. Adjourment: Motioned by Warren Bell and seconded by Mary McAfee. (see copies) all in the November meeting folder in Betty Laniers' office. 1 Code of Ordinances Tybee Island, GA CERTIFICATE OF OCCUPANCY FOR PROPERTY IN V ZONE AND A ZONE. ZONE CERTIFICATION TIMING FOR FILING TITLE VIII FLOOD DAMAGE CONTROL V Elevation of low- est floor or structural member as constructed. V As constructed, building is se- cured to anchored pilings or columns. V Prior to final erection of horizontal support for lowest floor 30 days maximum after completion. As constructed, if 30 days maximum after unfinished enclosed completion. areas below base flood exceed 300 square feet, condi- tions meet V Zone standards. ZONE CERTIFICATION TIMING FOR FILING A All new construction 30 days maximum after or substantial im- completion. provements must show certification of as- built lowest floor elevation. A Floodproofing com- plies with all re- quirements of Sec. 8 -5 -13, to eleva- tion .(This Certification re- quired when flood - proofing nonresi- dential structures in lieu of elevat- ing to base flood level). 30 days maximum after completion. Sec. 8 -5 -17 CERTIFIED BY GA- licensed surveyor, architect, or engineer. Engineer, architect, or surveyor, GA registered. Engineer or architect, GA registered. CERTIFIED BY Engineer or architect, GA (Georgia) registered. GA REGISTERED SURVEYOR_ Engineer or.- architect, GA registered. Printed 10/01/88 TTL VIII - 20