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HomeMy Public PortalAbout19680417CCMeeting1 1 1 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. 171_ 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. 172 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. 1 1 172 -A 4- 17 -6g. 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. 1 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 1 1 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 1 1 1 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 1 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. 1 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.