HomeMy Public PortalAbout19680417CCMeeting1
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Savannah Beach, Ga.,
April 17, ,196g.
The,-r-egular meeting of Council was held today i q thacCouncil Room
and was attended by Mayor Brown and Councilmen Fleetwood, Counihan,
Cary, Daniels, Davis and Hohenstein, Supt Reed, Chief Price, --
Louis.Thompson, Dennis Poerce, Edward Lee, E.M.Patterson, H.Smith,
A.Seyden, A. Simon, Mr. Forester.
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Mirotes of the meeting of March 20, 1968, were r6ad and adopted.
Mt. Thompson informed Council that his attorneys Mr. Dennie Pierce
and Mr. Edward Lee were representing him - Mr. Pierce stated that
Mr. Thompson had`filed.an application for a building permit to
erect a building on property, parts of beach lots 95 and 96, Wrd 5,
on the Strand, owned by him, since 1901 this property has been
owned by private interests - no easements were granted - the federal
government built a seawall through the property during the 1930's
it was not built at adjoining buildings - Mr. Lee stated that the
owners had entire use of the property through the years - it must
be dedicated - Councilman Hohenstein asked what would the building
cost - Mr. ThorpSon sated approximately $25,000.00 and this amount
may be exceeded - the Mayor stated that members of .Council met at the
site last Saturday - Councilman Counihan stated the proposed
building will approximately 16 feet wide, there is an old sewer
main in the area, he thought that the building was to be east of
the seawall - Mr.- Thompson informed him that he had planned to build
west of the seawall - Council man Counihan stated that the permit
should not granted - Councilman Hohenstein said that the area had
been used by the public since 1903 - Mr. Solms Stated that he knows
nothing regarding the title or if they have title to the property -
Mr Lee stated that it must be dedicated - Councilman Hohenstein
stated that if errors can be corredted it wouls be advantageous
for thr the Town to own it - Councilman Fleetwood made a motion
that Mr. Thompson be grantedAthe permit to build, provided he
complies with the Towns Ordinances - Councilman Davis seconded the
motion- those voting YES - Fleetwood and Davis - those voting NO -
Daniels, Counihan, Cary and Hohenstein - the motion was lost -
Councilman.Fluetwood stated that if permit is not granted there
will be a damage suit against the Town - Councilman David stated
Messrs. Pierce and Lee have run titles, there is no choice but to
second the motion - Councilman Hohenstein want it open - Councilman
Daniels stated that the Town Attorney leaves some doubt about it -
Councilman Cary objects to the building being the sewer main - Mr.
informed him that there is no sewer main under the Thompson property -
it is under Haar's propertytr_ Councilman Counihan stated that if
the building is erected east of the seawall he has no objections -
Mr. Solms stated that he would like to talk to Messrs. Lee, Pierce,
Thompson and others privately - they le the room,' on their return,
Mr. Solms stated that if the area is to be used as a parking lot,
it will run into right of eminent domain - Councilman Counihan
requested that the motion be held up - Mr. Solms stated that Mr.
Thompson asked for building permit, he has right to do this -
Council must grabt it or turn it down - if Council wants to connect
the two parking lots and it wants the property it must condemn it
and pay him for his property - the sewer main is on Haar's property-
Mr. Lee on his return. to the meeting asked for clarification of vote
on Thompson permit & Councilman Fleetwood again ma`ecAthat permit
be granted - there was no second.
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Mr. Seyden representing the JC's requested a contribution of $300.00
to purchase equipment, ect., for youth activities such as baseball
and other games, they have some equipment on hand now from last
years a Councilman Fleetwood moved that $300.00 be granted -
Councilman :Hohenstein seconded and the motion passed unanamously -
Mr. Seyden asked if the Town would furnish lights for the baseball
diamonds - the Mayor him that daylight saving time will soon be
here.
Mr. Smith stated that at the last meeting he requested permission
to put a house trailer on the location on the site where his home
was destroyed by fire, the water and sewer connections are there -
he also asked about using another portion of his property for
parking trailers, he is cancelling this request at this time -
Councilman Fleetwood asked how long would he want to keep the
trailer on the old site, Mr. Smith stated about a year - Councilman
Fleetwood moved that the request to put the trailer on the old
sit be granted for one year from this date provided it is connected:-
to the sanitary sewer main - Councilman Hohensteain seconded -
those voting NO - Daniels, Cary, Counihan - voting YES - Fleetwood
and Davis - abstaining - Hohenstein - Councilman Daniels stated
that it would have opened the door to others -'Councilman -elect
Gearge Schwarz spoke up and stated that agreed also that the
permit should not be granted - Councilman Daniels asked that
the meeting be conducted along strict parliamentary rules -
everyone should have a chance to speakm- Mr. Smith stated that he
put anyone in an.akward position he a apologizes.
Mr. Simon requested the Town to surface Lovell Avenue in front
of the new annex to his motel - Councilman Counihan made a motion
that due to lack of funds it be held in abeyance - Councilman
Daniels seconded and the motion passed.
Councilman Counihan reviewed the 1968 Budget and stated that next
year the 100% assessment on real estate will be reduced. •
Councilman Cary noted that the Town's water is discolored he had
reports of this from several parts of the island - the mains
should be treated - Supt Reed reported that he is handling the
matter wit Pittsburgh Laboratories, he submits samples of water
each month, the chlorine treated.
The Mayor informed Council that some of the Liling under the
Fishing Pier will have to be replaced.
Councilman Cary reported that some of the benches along Butler
Avenue will have to be replaced - Councilman Counihan suggested
contacting Joe Booker - Supt Reed infotat info Council that the pay
scale for laborers will have to raised - Councilman Counihai
sated that 90 and hour increase might satisfy them - Supt
Reed suggested trying 01.40 an hour - Councilman Counihan moved
that the pay scale be raised to $1.40 an hour effective May 24th -
Councilman Davis seconded, the motion passed.
Councilman Cary informed Council that a new fire engine is needed
one of the present engines is 30 years old, had asked for bids,
cost about 323, 000.00 and moved that $25,000.00 be set aside to
purchase a new piece of equipment when in funds - Ccmncilmlin
` Counihan seconded and the motion passed.
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Councilman Fleetwood made a motion that the Ordinance regulating
and laying license fees andagusAn coducting and operating a
life, accident and sicknesgUdgifing in the Town, be amended,
as follows, the motion was seconded and passed:
AN AMENDMENT TO AN ORDINANCE.
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ORDINANCE
AN ORDINANCE TO AMEND AN ORDINANCE
ENACTED BY THE MAYOR AND ODUNCILMEN
OF SAVANNAH BEACH, TYBEE ISLAND, ON
SEPTEMBER 16, 1964, AND FURTHER
AMENDED ON DECEMBER 18, 1968, IN
ACCORDANCE WITH THE PROVISIONS OF
AN ACT ADOPTED IN 1922 AND SUBSE-
QUENT ACTS AMENDING THE SAME, SO AS
TO PROVIDE THAT THE OWNER OF ANY
PROPERTY LOCATED WITHIN THE MUNICI-
PALITY WHICH IS FURNISHED WATER BY
THE MUNICIPALITY SHALL BE INDIVIDUALLY
AND PERSONALLY RESPONSIBLE FOR ANY
AND ALL COSTS OR CHARGES FOR SAID
WATER SERVICE, NOTWITHSTANDING THAT
SAID PROPERTY MAY BE LEASED TO
ANOTHER BY SUCH OWNER.
BE IT ORDAINED by the Mayor and Councilmen of
Savannah Beach, Tybee Island, in Council assembled, and
it is hereby ordained by the authority, thereof:
SECTION 1: An ordinance enacted on December 18,
1968, is hereby amended by striking therefrom the present
SECTION 13, and by inserting therein the following new
sections, designated as SECTIONS 13 and 14.
SECTION 13: Effective May 1, 1969, any individual,
person, firm or corporation owning property within the limits
of the municipality, and which is supplied water by the muni-
cipality, shall be personally and individually responsible
for the costs and charges of such water so furnished, not-
withstanding that such property so owned may be leased by
such individual, person, firm or corporation to a tenant or
other individual, person, firm or corporation.
SECTION 14: All ordinances or parts of ordinances
in conflict with this ordinance are hereby repealed.
1st Reading - January 15, 1969
Passed
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AN ORDINANCE
REGULATING AND LEVYING LICENSE FEES AND TAXES
UPON THE OPERATION AND CONDUCT OF A LIFE,
ACCIDENT AND SICKNESS INSURANCE BUSINESS WITHIN
THE CITY OF SAVANNAH BEACH, TYBEE ISLAND; AND
FOR -OTHER PURPOSES
Be it Ordained by the Mayor and Council of the City of Savannah
Beach, Tybee Island, Georgia, and it is hereby ordained by
authority thereof:
SECTION I. LIFE, ACCIDENT AND SICKNESS INSURANCE COMPANY
LICENSE FEE
Every insurance company or association doing life,
accident and sickness business, whether directly or through
an agency, or through a broker, or sub- agent, where any such
company does not have its home office within the corporate
limits of the City of Savannah Beach, Tybee Island, Georgia,
$25.00. (This license is in addition to the provisions herein
relating to insurance premium tax.)
SECTION II. TAX ON INSURANCE PREMIUMS
All persons, firms, and corporations, hereinafter named,
shall pay the following percentage from the gross receipts of
their business, payable annually as hereinafter set forth:
(a) Each and every company doing life, accident and
sickness insurance business in the City of Savannah
Beach, Tybee Island, Georgia, whether through an agent,
agency, office or business located in the City of
Savannah Beach, Tybee Island, Georgia, or otherwise
transacting business by collecting premiums from policy
holders resident in the City of Savannah Beach, Tybee
Island, Georgia, shall pay, in addition to all other
taxes hereby or hereafter levied, a tax in an amount of
one (1) percent of the gross direct premiums collected
during the calendar year preceding the current fiscal
year on life, accident and sickness insurance covering
any person, group of persons, firms, partnerships or
corporation, resident or domiciled in the City of
Savannah Beach, Tybee Island, Georgia. The issurance
or delivery of any policy of life, and accident and
sickness companies, is included within the definition
of doing life and accident and sickness insurance business.
In computing the tax, all notes, checks, drafts or
other evidence of debt received in lieu of cash
settlement for said premiums, shall be considered
as cash premium payments and tax paid thereon.
This tax shall not be subject to discount at any
time. The provisions of this ordinance are con-
tinuous and shall apply until revoked or amended.
(b) That each and every company doing business
in the City of Savannah Beach, Tybee Island, Georgia,
as described in paragraph (a) shall file with the
Treasurer of the City of Savannah Beach, Tybee Island,
Georgia, on May 1, 1968, and on May 1 of each succeed-
ing year, a statement under oath showing in detail
the amount of gross premiums collected during the
calendar year preceding the current fiscal year.
If a return required by this paragraph is filed
by a local agent, said return shall have attached
thereto, a letter from the home office of the
company for whom the local agent's return is made,
giving the home office figures on the amount of
business transacted as described in paragraph (a)
above.
If the return filed under paragraph (a) by the
local agent or representative does not have
attached thereto a statement for the home office
of the insurance company showing the figures on
its books transacted by the agent within the terms
of said paragraph, the return of the local agent
must include an itemized statement showing names
of the persons, firms or corporations on whom or
for whom the business described was written, the
amount of premium paid and the date when the contract
expires, lapses or terminates.
Should said return not be made, the Treasurer of
the City of Savannah Beach, Tybee Island, Georgia,
shall, from the best information at hand, assess
said defaulting company or companies, or agent,
such taxes as may appear to be due and owing by
said company, companies or agent.
(c) At the time of filing said statement the
percentage tax shall be paid into the Treasurer
of the City of Savannah Beach, Tybee Island,
Georgia, and should said payment not be made within
ten days from the filing of said statement,tor such
return not be made as aforesaid, the Treasurer of
the City of Savannah Beach, Tybee Island, Georgia
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shall issue execution against such company or agent
or agents for the amount due, and turn the same over
to the Police Chief or Ex Officio Tax Collector for
collection as other tax executions are collected.
(d) The City of Savannah Beach, Tybee Island,
Georgia, shall, by its duly authorized agent for the
purpose of aiding said life insurance company in the
preparation of the sworn statement required to be
filed by this ordinance, or ascertaining the correct-
ness of any sworn statement required to be filed by
this ordinance for the purpose of preparing and filing
said statement when none has been filed, have free and
complete access for the purpose of examination, at all
reasonable times, to any books, papers, records, or
memoranda bearing upon the matter ascertaining the
correctness of any sworn statement required by this
ordinance.
If any individual, corporation, or partnership
required under this ordinance to pay said gross receipt
tax, or any agent or employee in charge of the books,
papers, records or memoranda to which the City of
Savannah Beach, Tybee Island, Georgia, or its agents
for the purpose of this ordinance desires access shall
refuse to permit the said City of Savannah Beach, Tybee
Island, Georgia, or its agents to make an examination
of said books, papers, records or memoranda, such refusal
shall be deemed a violation of said ordinance, and the
offender shall be required to appear before the Recorder's
Court of the City of Savannah Beach, Tybee Island, Georgia,
and upon conviction in said Court shall be punished by a
fine not to exceed $100.00 or imprisonment not to exceed
thirty (30) days, either or both, or any part of either
or both, in the discretion of the Court.
For the purpose of enforcing the provisions of this
ordinance, the Mayor and Council of the City of Savannah
Beach, Tybee Island, Georgia, or the Recorder's Court of
the City of Savannah Beach, Tybee island, Georgia, shall
have jurisdiction by appropriate process to compel the
presence of witnesses and the production of books, papers,
records or memoranda to enforce a compliance with the
terms of this ordinance.
(e) The provisions of this ordinance shall apply to all
life insurance companies, whether such companies do or do
not maintain in the City of Savannah Beach a local agent
or agency as such terms are understood and used among
insurance companies, provided such companies receive, or
collect or report premiums on policies issued on
persons who are located within or domiciled within
the corporate limits, and whether such premiums are
received, reported or collected by insurance companies
direct through the United States mail, express
companies, banks, individuals, firms or other
collecting agencies.
(f) Should the Police Chief or Ex Officio Tax
Collector, be unable to collect, the money on such
execution, he shall make a return of nulla bona
thereon, and thereupon the license and permit of such
life insurance company or companies or agents to do
business in the City of Savannah Beach, Tybee Island,
Georgia, shall be automatically revoked and thereafter
no such company or agents shall do business or offer
to do business, until such delinquent taxes have been
paid and any such company, companies or agent offering
to do business, or holding themselves out to the public
as engaged in such business, shall be summoned before
the Recorder's Court of the City of Savannah Beach,
Tybee Island, Georgia, and upon conviction in said
Court shall be punished by a fine not to exceed $100.00
or imprisonment not to exceed thirty (30) days, either
or both, or any part of either or both in the discretion
of the Court.
(g) In addition to the other penalties herein
prescribed, if any agent or officer or local manager of
any life insurance company shall fail or refuse to make
the required return or to pay the percentage tax herein
levied and required, he shall upon conviction in the
Recorder's Court of the City of Savannah Beach, Tybee
Island, Georgia, be fined in the sum of $100.00, or be
imprisoned for not more than thirty (30) days, either
or both, or any part of either or both, in the discretion
of the Court, for each and every violation.
(h) All reports required to be filed under this
ordinance shall be confidential and the information con-
tained therein shall be solely for the use of the officers
of the City of Savannah Beach, Tybee Island,- Georgia, in
administering this ordinance.
(i) This ordinance is adopted under the provisions of
Section 56 -1310 of the Georgia Code Annotated and laws of
the State of Georgia.
SECTION III. All ordinances or parts of ordinances in conflict
with the provisions hereof are hereby repealed.
Adopted on first and second reading:
April 17, 1968
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Councilman Cary noted an Ordinance to permit use of decals on autos
to go into Parking Lots - Councilman Fleetwood this was to regulate
traffic.
Councilman Daniels reported that he received bids on a new police
car from Ford, Dodge and Chevrolet, Chevrolet was low $2350.76 -
Police Committee wants authorization to purchage - Councilman
Counihan suggested getting a price on an 8cyli nder Ford - Councilman
Daniels stated he .had asked for sealed bids and opened them, it
would not fair to ask for another price from one bidder - the
Mayor referred the matter to the Police Committee to handle.
Councilman Daniels reported receiving -bids bIda for an ambulance, (sta.wgn)
from Plymouth, $2532.76 - Chevrolet, $2670.00 - Mercury, $2680.00 -
the Mayor referred the matter to the Police Committee to handle.
Councilman Daniles stated that changes are needed at the 16th street
Police Station, the cost now is about $500.00 - if wait until later
it will cost more - Police Committee will handle.
Councilman Davis made a motion that a ROCK RAKE machine be purchased
for use of the beach at a cost of $250.00 - Councilman Hohenstein
seconded and the motion passed.
Councilman Fleetwood reported that insurance premiums will be due
May 1st and asked what to do - the Mayor asked if we needed all of
the insurance that we carry - Councilman Fleetwood stated that it
could be ehagged - Councilman Counihan suggested that Fleetwood
handle the matter - the Mayor appointed Counihan and Fleetwood
to handle it.
Mrs. Joseph Agnew petitioned the Town to quit claim to her a portion
of the old CRR R of W abutting her property, lots 1,2,3,4,5,block 10,
Bay Ward - Council man Counihan Moved that it be denied - Councilman
Dartels seconded the motion passed.
Councilman Davis moved that Embrey be granted a lease to the
concession stand on the Fishing Pier for one year from June 1, 1968
toJune 1, 1969 with the privilege of renewing - Councilman Hohenstein
seconded and the motion lassed.
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Councilman Counihan made a motion the proclamation of Govenor
Maddox requesting that the American Flag be lowered to hail mast
in honor of the American soldiers killed in Viet Nam, for one
week be adopted - Councilman_ Fleetwood seconded and the znotio0 passed.
Bills for the various departments were approved for payment.
Councilman Fleetwood called attention to the whiskey licenses
stating that beverage taxes were down 200, the operators need some
help and suggested allowing a little leeway to them in making
their payments for their licenses - Mr. Ellzey requested that
the operators be relieved of paying beverage taxes.
Their being f •e business Council adjourned subject to the
0011 of e M
Wk ` ounc 1. Mayor.