HomeMy Public PortalAbout19490913CCMeetingNOW THEREFORE BE IT RESOLVED, by the Mayor and Councilmen
of the Town of Savannah Beach, Tybee Island, that the Southern
Bell Telephone and Telegraph Company be requested to prosecute
the above named individuals to the full extent of the law, as
well as, any others who disrupt the telephone communications
from Savannah Beach to Savannah and other cities.
Councilman Smith stand that the Fire Department did not
want to turn loose the small fire engine that the police Depart-
ment wanted to use, he understood that the trickle charger had
been stolen but ascertained that it was in the Town Shop, he had
checked on the large engine and discovered that the battery was
dead. He also stated that he had had several complaints about the
colored night club operated by John Williams and that the place
should be more thoroughly policed.
The Mayor informed Council that he had received several
complaints from persons parking in the 14th, 15th Street parking
area asking for .25¢ for the privilege of parking their cars in
that section. He had instructed the police to check on this.
There being no further business Council adjourned, subject
to the call of the mayor.
Clerk •f Counci
G
235
Mayor
Savannah Beach, Tybee Island, Ga.
September 13, 1949
The regular meeting of Town Counoil was held today at €5 P.M.
in the Council Room and was attended by Mayor Dutton, who presided,
Councilmen peters, Hosti, Brown, Smith, Lovell, Meddin, Town Attor-
ney Solms and also Mr. John L. Strong and a committee consisting
of A. P. Solomon Jr., A. P. Solomon III, W. J. Bryan, J. W. Rentiers,
also Herman Diamond.
A. P. Solomon III speaking for the committee stated that
several roofing contractors had been sent to the Island by the In-
surance Companies in Savannah to do work here and that most of them
did not have licenses, A. P. Solomon, Jr. stated that contractors
in other lines from Savannah were doing work to the Island without
licenses, the Mayor requested him to give the names of those work-
ing. The committee was excused.
Mr. John L. Strong protested against the Town permitting the
erection of any buildings to be used for commercial purposes in the
area adjacent to his property. Mr. Strong was excused.
Mr. Diamond wanted to know when his application for a permit
to erect some buildings on his property in Bay ward was going to
be approved, he was asked what kind of buildings he was going to
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erect and he stated that he did not know at this time, he was ad-
vised that the matter would be handled and he would be advised lat-
er of the results of Council ►s action.
Councilman Lovell moved that unanimous consent be given to
the meeting held on August 22, 1949, as a general meeting . Coun-
cilman Smith seconded and the motion passed unanimously.
The minutes of the meetings held on August llth and 22nd
were read and adopted.
The Mayor informed Council that the Committee appointed
to study the establishment of a public Bathing Beach in the Fort
Screven area had submitted it's report as follows:
TO THE HONORABLE MAYOR AND COUNCILMEN
SAVANNAH BEACH, TYBEE ISLAND, GEORGIA
REPORT OF COMMITTEE APPOINTED TO STUDY
ESTABLISHMENT OF PUBLIC BATHING BEACH
ON AREA ADJOINING FORT SCREVEN WARD
The undersigned Committee appointed for the purpose afore-
said, desires to file the following report, after thorough search
into the facts and circumstances surrounding the establishment of
a public bathing beach in the area in question:
It appears to the Committee that on August 17, 1949 Ernest
J. Haar, Attorney at Law, wrote a letter to Mayor Edward A. Dutton,
advising that he represented one hundred three (103) property own-
ers and parties at interest, who reside in Fort Screven ward, the
subdivision recently established at the former government reserva-
tion at Savannah Beach, Tybee Island, who desired to formally enter
with the Mayor and Councilmen of Savannah Beach their protest to
the establishment of a proposed public bathing beach on any portion
of the shore line abutting and adjacent to Fort Screven Ward, and
the further establishment of any commercial business in and adja-
cent to this subdivision, or the granting of any licenses for the
operation of such businesses.
It further appears to the Committee that pursuant to said
request Mayor Edward A. Dutton, on August 17, 1949, by letter ad-
vised Ernest J. Haar, Attorney, that a special meeting of the May-
or and Councilmen would be held on Monday, August 22, 1949, at
g:00 o'clock P. M., for the purpose of hearing protests of the par-
ties at interest; and in accordance therewith, on August 17, 1949
a news item appeared in the Savannah Evening Press, requesting all
parties at interest to attend said meeting.
It further appears that said meeting was held, in accord-
ance with the direction of Mayor Edward A. Dutton, and all part-
ies at interest who desired to attend were present and given an
opportunity to be heard, and there was presented on behalf of the
one hundred three (103) property owners and parties at interest
in Fort Screven Ward a formal protest, duly signed by the object-
ors to the establishment of a public bathing beach and of any com-
mercial businesses in and adjacent to said Ft. Screven Ward.
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It further appears that at said pubic hearing, on the date
aforesaid, that the views of all parties we a sought by the Mayor
and Councilmen, and that pertinent and controlling data and infor-
mation were furnished at said hearing, and Mr. Abro Robinson, of
the Robinson Realty & Insurance Company, agents for the Fort Scre-
ven Development Company, the original subdividers of the property
known as Fort Screven Ward, exhibited letters exchanged between the
town officials relative to the legal status of the beach area, in
a controversy as to whether the same was public or private proper -
ty, in which it was determined that the Town held no title to the
beach area to the low water mark thereof, and on October 10, 19+6
Mr. A. Leopold Alexander, then Town Attorney, rendered the follow-
ing opinion:
"The deed from the United States Government
to savannah Beach described the property conveyed
by oourees and distanoes, and by examination Of the
map from which the, description is taken,-it will be
seen that the Eastern and Northern boundary lines
follow the shore line. There is no indication as to
whether this is the; #igh water mark or the low=
water mark, but the property conveyed does include
the bulkhead or sea wall extending along a part of
the shore line.
"The Town then conveyed to Fort Screven De-
velopment Company all of the property which it
had purchased from the United States Government
with the exception of certain described lots or
tracts, and with the exception of streets and
ways and rights of way as shown on said map. On
this map the beach is not shown as a street or
right of way, and therefore, in my opinion,
title to it passed under this deed.
"This being the case, it seems that the
bulkhead or sea wall is located on private prop-
erty. The Town is therefore under no obligation
to maintain or repair the bulkhead or sea wall,
as its only obligation is to keep in good order
the streets and ways actually owned by the Town.
The status of the sea walls seems to me to be
exactly the same as the status of a street laid
out by Fort Screven Company but which has not
been con #eyed to and accepted by the Town."
It further appears to the Committee that the United States
Government owned all riparian rights to the low water mark on all
of the property lying adjacent to the water front of what is now
known as Fort Screven Ward, and that the United States Government
conveyed all of their rights to all of the realty, including said
riparian rights to the Town of Savannah Beach, which in turn con-
veyed all these rights, title and interest to the Fort Screven
Development Company, save and excepting certain streets, parks
and -other rights in and to the general area, exclusive of any ex-
ceptions regarding riparian rights, and
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It further appearing to the Committee that the Fort Screven
Development Company, the original subdividers of Fort Screven Ward,
zoned all of the area and designated certain areas for business pur-
poses, which does not include the beach area, and that the said Fort
Screven Development Company placed upon the entire area various re-
strictive covenants, with the intention of making the area a restrict-
ed general residential area, and
It further appearing to the Committee that at said public
hearing on the question involved, and since said hearing before the
Mayor and Councilmen, no objections have been raised to the protest
filed by said parties at interest owning property and residing in.
Fort Screven Ward.
NOW THEREFORE, after due consideration of this matter, and
after conference with Judge Emanuel Lewis, Attorney at Law represent-
ing the Fort Screven Development Company, your Committee finds and
recommends as follows:
(a) That the Town of Savannah Beach has no right or title, by
dedication or otherwise to the beach or area between the high water
and low water mark on any area adjacent to or abutting Fort Screven
Ward.
(b) That the Fort Screven Development Company holds title to all
beach or water front property and riparian rights thereto, for all
areas between the high water mark and low watermark, which abuts
or is adjacent to any of the property conveyed by the Town of Sav-
annah Beach, Tybee Island, Georgia to the Fort Screven Development
Company.
(e) That the Town of Savannah Beach has only police powers over
the water front area referred to in the two (2) preceding paragraphs
and, therefore, has no power to establish a public bathing beach on
privately owned land.
(d) That by legislative authority the Town has th4e right to zone
Fort Screven Ward, and any other property within the corporate lim-
its of the Town, and that Fort Screven Ward has not yet been zoned
by proper ordinance, and this Committee recommends immediate action
by the Mayor and Councilmen to properly zone not only the Fort Scre-
ven Ward area but all other property abutting and adjacent to Fort
Screven Ward, so that said zoning ordinance will properly protect
the interest of the property owners and parties at interest, and
will carry out and give force and effect to the original intention
of the subdividers, to make Fort Screven a properly restricted res-
idential area, with the exceptions set forth in the restrictions
which were promulgated by the Fort Screven Development Company.
(e) Your Committee further recommends that in view of the fact,
that all parties at interest have had an opportunity to be heard
in this matter, and that due notice was given of the public hear-
ing before the Mayor and Councilmen and of the appointment of this
Committee to study the question and no objections have been raised
239
to said protest, either at said public hearing or has the Com-
mittee received any, and in further view of the fact that the
Town has no authority to officially act with reference to the es-
tablishment of a proposed bathing beach in the area in question,
that the said protest of said parties at interest be received as
information.
Respectfully submitted,
/s/ Edward A. Dutton, Mayor
/s/ Anton F. Solms, Jr., Town Attorney
/s/ Ernest J. Haar, Attorney at Law
Councilman Smith reported that in connection with the work
on the sea -wall that it had been delayed somewhat due to the hur-
ricane which did some snail damage, that Mr. Reed deserved lots of
praise for the work he was doing and also for taking precautions
to protect the work that was done in anticipation of the hurricane
striking here, that the drag line was still on the job.
Councilman Peters stated that Mr. Kent of the Sewerage
Department was using the Town truck for his personal use, and that
this practice should be stopped.
The Mayor wanted to know what had been done relative to the
doors that were offered by the Savannah Beach Volunteer Fire Depart-
ment for use at the Fire Station on Jones Avenue. Councilman Smith
stated that he had spoken to Edmond Solomon but nothing had been
done as yet.
Councilman Hosti moved that bills for general government
for the month of August amounting to $1949.87 and also that bills
or the sea -wall account for the month of August amounting to
2377.55 be paid. Councilman Peters seconded and the motion passed.
Councilman Meddin reporting on the Town's finances mention-
' ed comparative figures of collections from the various sources
against the previous year and stated that it was necessary to hold
down expenses and also get in additional revenue to maintain opera-
tions for the remainder of the fiscal year.
The Mayor asked what was Council's pleasure relative to
delinquent taxes, Councilman Peters moved that on all delinquent
taxes due up to April 30, 1948, that the property be advertised,
Councilman Meddin seconded and the motion passed.
The Mayor asked what to do with those property owners who
have not as yet gone into the sewer system. It was decided that
they be placed on the docket.
Councilman Meddin stated that a Doctor is needed on the
Island.
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Councilman Brown called attention to the overtaxing of the
effluent line at the Treatment plant due to the steady increase in
the amount of sewerage that passes through the Plant and especially
during the summer months, he stated that three 10" lines were em-
ptying into one 10" line. This is the same condition that former
Councilman Young called attention to, and must be corrected by
next summer.
Councilman Brown stated that in connection with the bill of
Lindsay and Morgan for the additional charge of $11.60 to cover a
heavier rod to support the drapes on the stage of the Auditorium
that mrs. Willis had approved of the heavier rod and since it was
more practical to use that he would move that the full amount of
the bill be paid, Councilman Hosti seconded and the motion passed.
Councilman Hosts stated that the work on the ditch at Butler
Avenue and 6th Street should be finished and stated that Mr. Reed
could do it although it is a job of the State Highway Department.
The Mayor stated that the work on the sea -wall must be completed
first.
The Mayor informed Council that Councilman Peters and him-
self recently appeared before the Grand Jury in connection with the
reported gambling activities on the Island and that they informed
the Jury that the Town would cooperate fully. Councilman Meddin mov-
ed that the Mayor and Councilmen would support the activities of the
Grand Jury, Councilman Lovell seconded and the motion passed.
The request of Herman Diamond for permission to build in
Bay Ward was referred to the Town Attorney.
A communication from D. R. Davis protesting against the
excessive speed of automobiles on the streets was read and referred
to the Police Committee.
The old bill of the Tybee Water Works amounting to
which the Town disputes was referred to the Town Attorney and Chair-
man of the Finance Committee for handling.
Councilman Meddin moved that the following Resolution be
adopted, Councilman Brown seconded and the motion passed.
WHEREAS, on August 2, 1949, L. W. McLaughlin of Greensboro,
North Carolina, Gordon Nalley, Mrs. Gordon Nalley, Sandra Halley,
all of Atlanta, Georgia, and the daughter of Mr. L. W. McLaughlin,
whose name is unknown, were stranded on the sandbar near the sou-
thern point of Tybee Island when an incoming tide cut off their re-
turn to the beach; and,
WHEREAS, Ronald Gordon and Murray Perlman, summer residents
at Savannah Beach, Georgia went to the rescue of the parties here-
inabove named and succeeded in bringing the two women and child to
safety; and,
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WHEREAS, Ronald Gordon and Murray Perlman together with
Mrs. T. D. Prysock returned to the stranded men with an inner
tube in an effort to complete the rescue; and,
WHEREAS, due to the strong currents they were unable to
complete the rescue until Mrs. Robert Sprague and Miss Evelyn
Exley came to their assistance in a boat and carried Murray Perl-
man, L. W. McLaughlin and Gordon Halley to shore; and,
WHEREAS, Mrs. Robert Sprague administered artificial res-
piration to Mr. L. W. McLaughlin while Miss Exley operated the
beat to the shore,
NOW THEREFORE, be it resolved by the Mayor and Councilmen
of Savannah Beach, Tybee Island that Ronald Gordon, Murray Perl-
man, Mrs. T. D. Prysock, Mrs. Robert Sprague and Miss Evelyn
Exley be commended for their acts of heroism displayed by each
of them in going to the rescue and saving the lives of the above
named persons in distress.
BE IT FURTHER RESOLVED, that a copy of this resolution be
spread upon the minutes of Council and a copy thereof mailed to
each person taking part in the rescue.
Councilman Hosti moved that the following Resolution be
adopted, Councilman Meddin seconded and the motion passed.
A RESOLUTION
WHEREAS, U. S. Highway Number 80, which terminates at
Savannah Beach, Tybee Island, Georgia, has had an excessive
amount of traffic to the extent that it has conjested the high-
way and streets within the limits of said Town, which is the
eastersmoSt point of U. S. Highway Number 80; and,
WHEREAS, Jones Avenue, a hard surfaced street runs from
U. S. Highway Number 80 in a southwardly direction to Chatham
Avenue and intersects Fourteenth Street, Fifteenth Street, Six-
teenth Street, Seventeenth Street and Eighteenth Street, Said
streets with the exception of Jones Avenue are all in the said
Highway System from Butter Avenue eastwardly to the ocean; and,
WHEREAS, at the request of the Mayor and Councilmen,
Town of Savannah Beach, Tybee Island, The Honorable J. O. Bacon,
Division Engineer, Division Number Five has prepared an estimate
showing that said Jones Avenue if taken into the State Highway
System as an entrance to the Town of Savannah Beach at the inter-
section of Jones Avenue and U. S. Highway Number 80, could be re-
surfaced at a small sum by the maintenance crew of the State High-
way Department; and,
WHEREAS, should Jones Avenue be taken into the State High -
way System, the conjested traffic on U. S. Highway Number 80 would
be relieved of a considerable load and increase tratel to and
from from Savannah Beach; and,
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WHEREAS, The Town of Savannah Beach, Tybee Island, is one
of the only two beach resorts in the State of Georgia that can be
reached by the citizens of the State and citizens of adjoining
States over and through the highway system of the State of Georg-
ia. The tourists of the State of Georgia and of the adjoining
states yearly amount to many thousands who travel this main road
of the highway system of Georgia.
BE IT THEREFORE RESOLVED, by the Mayor and Councilmen of
the Town of Savannah Beach that the Mayor be and he is hereby re-
quested and authorized to request the State Highway Department to
take into its system the said Jones Avenue from its intersection
with U. S. Highway Number 80 at its northern extremity southward -
ly to Chatham Avenue, its southern extremity , as an alternate
road for motorists entering the Town of Savannah Beach, Tybee Is-
land and that said highway department by its maintenance crew re-
surface the said Jones Avenue.
BE IT FURTHER RESOLVED, that a copy of this resolution be
sent to the Honorable James L. Gillis4 Director of the State High-
way Department with a request that his Honorable Board give fav-
orable action to this resolution.
Councilman Smith moved that the following Ordinance be
adopted, Councilman peters seconded and the motion passed.
AN ORDINANCE
AN ORDINANCE TO BE ENTITLED, "AN %ORDINANCE TO AMEND
THAT CERTAIN ORDINANCE ENTITLED, "AN ORDINANCE TO CREATE AREAS
WITHIN THE CORPORATE LIMITS OF THE TOWN OF SAVANNAH BEACH, TYBEE
ISLAND, AND TO ZONE THE SAME IN ACCO DICE WITH THE PROVISIONS
OF ARTICLE III, SEC: VII.,.. PAR. X II ONSTITUTION OF GEORGIA 1945,
AND AN ACT APPROVED JANUARY 31st, 1946, AMENDING THE CHARTER OF
SAID TOWN: AND FOR OTHER PURPOSES,' BY STRIKING SECTION II,
SECTION 12, AND SUB - SECTIONS C, D, E AND H OF SECTION 13, AND
INSERTING IN LIEU THEREOF NEW SECTIONS TO BE KNOWN AS SECTION fl,
SECTION 12, AND SUB - SECTIONS C, D, E AND H OF SECTION 13, AND FOR
OTHER PURPOSES.
Section 1. Be it enacted by the Mayor and Councilmen of
the Town of Savannah Beach, Tybee Island, Georgia, in Council
assembled, and it is hereby enacted by the Authority of the same,
that dertain ordinance entitled, "An Ordinance to create areas
within the Corporate limits of the Town of Savannah Beach, Tybee
Leland, Georgia, and to zone the same in accordance with the pro-
visions of Article III, Section VII, Paragraph XXIII, of the Con -
stitution of Georgia 1945 and an Act approved January 31st, 1946,
amending the Charter of said Town and for other purposes, be
amended by striking,Section 11 from said Ordinance and inserting
in lieu thereof a new section to be known as Section 11.
"Section 11," Area "J" shall be restricted against all
buildings to be used for dance halls, night clubs, theaters,
package shops, roller coasters, merry -go- rounds, Perris wheels
orother amusement rides, shooting galleries, fraternity houses
243
and private, social or fraternal clubs, bath houses and /or stores.
That all buildings of frame construction must set back at
least ten (10) feet from all property lines and buildings of ma-
sonary construction shall set back five (5) feet from all proper-
ty lines.
A building lot in this area shall measure at least fifty
(50) feet on each side and only one (1) building may be erected
on a building lot.
Section 2. Be it further enacted that said ordinance be
amended by striking Section 12 from said Ordinance and inserting
in lieu thereof a new section to be known as Section 12.
"Section 12." Area "K" shall be restricted against all
buildings to be used for dance halls, night clubs, theaters,pack-
age.shops, roller coasters, merry -go- rounds, ferris wheels or other
amusements rides, shooting galleries, fraternity houses and private
social or fraternal clubs, bath houses, and /or stores.
That all buildings of frame construction must set back at
least ten (10) feet from all property lines and buildings of mason -
ary construction shall set back five (5) feet from all property lines.
A building lot in this area shall measure at least fifty
(50) feet on each side and only one (1) building may be erected
on a building lot.
Section 3. Be it further enacted that said Ordinance be
amended by striking Sub- section "C" from Section "13" and insert-
ing in lieu thereof a new section to be known as Sub- section "C" of
"Section 13."
Section 13 (C) Blocks designated on said map as "A" shall
be restricted to single family residents or apartments, not exceed-
ing four (4) residential units each except that on Lots Four (4),
Five (5) , and Six (6) of Block Twenty -seven (27) . apartmekt::>bbild-
ings not exceeding eight (g) residential units may be erected. On
said blocks may also be erected churches, libraries, schools or
similar institutions, fire stations and office buildings. No build -
ings shall be used for dance halls, night clubs, theaters, package
shops, roller coasters, merry -go- rounds, bath houses, or other
amusement rides, shooting galleries, fraternity houses and private,
social or fraternal clubs. No building shall be erected within less
than fifteen (15) feet from the street or the park strip on which
it abuts and within less than ten (10) feet from the property line
on any side.
Section 4. Be it further enacted that said Ordinance be
amended by striking Sub- section "D" from Section 13 and insert-
ing in lieu thereof a new section to be known as Sub- section "D"
of "Section 13."
Section 13 (D) Blocks designated on said map as "B" shall
be restricted to one family residences and apartment buildings not
exceeding two residential units each, however, it shall be restrict-
ed against all buildings to be used for dance halls, night clubs,
244
theaters, package shops, roller coasters, merry -go- rounds, bath
houses or other amusement rides, shooting galleries, fraternity
houses and private, social or fraternal clubs. No building shall
be erected within less than fifteen (15) feet from the street or
park strip on which it abuts and within less than 10 ten feet from
the propertyline on any side.
Section 5. Be it further enacted that said ordinance be
amended by striking Sub- section "E" of Section 13 and inserting
in lieu thereof a new section to be known as Sub- section "E" of
"Section 13".
Section 13 (E) Blocks designated on said map as "C" are
restricted to the erection of buildings to be used for residential
purposes, and no building may contain more than four (4) residential
units. Drug stores, barber shops may be erected on such block, how-
ever, it shall be restricted against all buildings to be used for
dance halls, night clubs, theaters, package shops, roller coasters,
merry -go- rounds, bath houses, or other amusement rides, shooting
galleries, fraternity houses and private, social or fraternal clubs.
No building shall be erected within less than fifteen (15) feet
from the street or park strip on which it abuts and not less than
five (5) feet from the property line on any side.
Section 6. Be it further enacted that said Ordinance be
amended by striking Sub - section "H" of Section 13 and inserting
in lieu thereof a new section to be known as Sub - section "H" of
"Section 13."
Section 13 (H) Blocks designated on said map as "F" shall
be restricted except that no building shall be erected within less
than fifteen (15) feet from the street or park strip line and with-
in less than ten (10) feet from any other property line and shall
not exceed two stories in height unless it be of masonary construc-
tion in which event it shall not exceed four (4) stories in height.
Area "Fn shall be restricted against allbuildings to be used for
dance halls, night clubs, theaters, package shops, roller coasters,
merry -go- rounds, ferris wheels, or other amusement rides, shooting
galleries, fraternity houses and private, social or fraternal clubs,
bath houses, and /or stores.
Section 7. Be it further enacted that all Ordinances or
parts of ordinances in conflict with the provisions of this ordin-
ance be and the same are hereby repealed.
There bean- no further business Cguncil adjourned, subject
to tha call of the ayor.
Mayor