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HomeMy Public PortalAbout19710616CCMeetingSavannah Beach, Georgia June 16, 1971 The regular monthly meeting of Savannah Beach City Council was held this afternoon at 3:00 P.M. with Mayor Michael J. Counihan presiding and the following councilmen in attendance: John H. Daniels, Jr., Edward Jung, Robert F. Cary, Edward Towns, James Stettler and George Schwarz. City Attorney Bart E. Shea was also in attendance. Visitors at the meeting were Mr. Hal E. Burnett, geologist, Mr. Fred Enloe, Mining Engineer, Mrs. Hortense Doyle, Mr. Green, Mr. Jim Perkins and Mr. Earl Anderson. Mr. Burnett and Mr. Enloe both spoke briefly to the members of Council. They stated that they were beginning a survey of the entire Tybee Island and while doing so, they would be happy to work into this survey any information which Council might desire. Mayor Counihan stated that he and Council would be happy if they would include erosion control in their study and make mention of it in their report. Mrs. Hortense Doyle and Mr. Green petitioned Council for a permit to construct a Planned Unit District of condominium apartments, the first phase to consist of eight to ten units to be erected on Lots 15 and 16, Ward One, each apartment to to consist of two bedrooms. This is the property that formerly belonged to Clayton Miller. Mayor Counihan stated that they would confer with the Planning Commission and if there were no objections from them, they could probably make application for the project. Mrs. Doyle also questioned Council on Mr. Doyle's earlier petition for a land cruizer park. She was advised that Council was now in the process of appointing a zoning board of appeals and as soon as they were organized, this request for a variance would be turned over to them. Mr. Jim Perkins appeared before Council to request permission to construct a 50 -unit, town house type Condominium on the Tarantino property known as "Eagle's Nest", part of which is in Zone C -2 and part in R -2. Council agreed to give Mr. Perkins a letter stating that they would have no objections to the proposed construction just so long as the requirements of the Planning Commission are met. The Clerk was instructedto write such a letter. 1 73 74 Mr. Earl Anderson, a visitor at the meeting, stated that he was just there as an interested observer. The meeting was formally called to order by Mayor Counihan. The Minutes of the meeting of May 19th were approved with the following exception: Councilman Daniels requested that Mr. Shoreham's name be changed to Chauhan. Councilman Stettler read a communication from the Golden Age Club of Savannah Beach Wherein it was requested that their proposed new kitchen be constructed in the Community House. Mayor Counihan stated that the City had been without the services of a carpenter for some time now but hoped to get one soon, at which time the kitchen would be built and refurbished. Councilman Stettler informed Council that we were eligible to be included in the Feed -a -kid program but that we had a problem of getting the food down here. He asked if there was any way one of the City's trucks could go in and bring the lunches back. Mayor Counihan explained that we had a shortage of trucks. It was suggested that we approach Mr. Osterweil and try to secure a Hunter Field Truck through him to make the daily delivery of lunches. Bills for the various departments were approved for payment. Mayor Counihan stated that he had prepared a written statement concerning the readiness -to- serve or stand -by charge feature of our Water Ordinance. He stated that he felt that the Council was unanimously behind this policy and that he wanted Council to formally approve it. He then requested that it be read by the Clerk. THE READINESS TO SERVE OR STAND —BY CHARGE FOR ALL HOUSES Although some water customers may object to our minimum or readiness -to -serve charge even though a house may be unoccupied or vacant, the legality of the policy as well as its practice is firmly established. This readiness -to - serve, as contrasted to simple volume, is the basis for the minimum charge. It is an integral part of our rate structure which is designed to produce the needed revenue to take care of our obligations for pollution abatement and any deviation from our present rates whether it be a rebate for unused gallonage on vacant houses, an increase in gallonage allowance or a reduction in the minimum rate, will 1 1 1 1 1 obviate our compliance with the mandates of the State Water Quality Control Board. A lage percentage of municipalities allow no water for this stand -by charge. We allow up to 5,000 gallons and the rate of 50t per 1,000 gallons for the next 45,000 gallons is well below the average of most municipalities. This charge pays for the assurance that this water will be available at any time, day or night, and in as great a quantity as the customer wants. It also pays for the capital- ized costs for pipe, storage facilities, pumping and the necessary manpower to maintain this equipment. We, therefore, feel that our stand -by charge, even though the house may be vacant, is fair, logical and proper inllight of the larger capacity of equipment such as pumps, wells and storage that must be maintained in order to furnish service on a demand basis. It has the responsibility of keeping the system solvent during periods when water consumption is low and revenue from charges based on use is least productive, The charge represents the benefits that the user realizes by the mere presence of water, under pressure, ready to serve him. We feel that our rate structure is fair, logical and non - discriminatory and that any exceptions for certain residents who do not choose to live here the entire year, would naturally cause the general rate structure to be greatly increased on order for us to recapture the lost revenue and provide the necessary funds to finance our share of the Pollution Abatement Program. We are committed to this program and have assured the State Water Quality Control Board that the necessary water and sewerage rate increases have been enacted. And, even if no water is used, the service should carry its share of "readiness to serve" costs and the routine customer costs of meter reading, billing, and collecting -- The Mayor asked if there were any objections to adopting this statement as a matter of policy. There were none and, therefore, Mayor Counihan announced the statement of policy unanimously adopted. In the discussion of the statement which followed its adoption, Councilman Cary stated that we were just starting out with these new rates and, at this time, we cannot put out facts concerning the revenue that will be produced until we get a 12 -month history of it. After that it is our intention to show the general public how much is being taken in on water and sewerage and where it is going to go; but, the first thing we 75 76 have to do is to retire our present water certificates and when this is done then we can combine the water and sewer as it should be. Mayor Counihan asked the Clerk to read a letter from Mr. B. H. Levy requesting a meeting of Council with the two groups represented by him, who were protesting the new sewer and water rates., An answer to Mr. Levy's letter and also another letter from Mr. Levy was read. Mayor Counihan stated he was not going to appoint a committee to meet with Mr. Levy's group but that he wanted the whole Council to meet with Mr. Levy and his group at the regular agenda meeting on July 14th at 7:00 P.M. Mayor Counihan requested the, clerk to read a letter from Mr. Sol Clark Concerning a stop sign on the corner of his street and requested a return to the former system of having a stop sign at every other street going east and west or that Tenth Street be made a stop street. The Mayor informed Council that a survey had been made by the State Highway Department and that we were carrying our their recommendations. The Clerk was requested to so inform Mr. Clark of this. City Attorney Shea informed Council that we were in the process now of obtaining an agreement being drawn by the State Attorney General, authorizing the transfer of the funds for our Erosion Project from the State Department of Parks to the munici- pality, and Mr. Henry Struble, Asst. Director of State Parks has :advised us that it was in the mail, although not received by us. Attorney Shea stated that this was something we could not wait upon until our next agenda meeting and requested permission of Council to draw a Resolution authorizing the Mayor on behalf of the Council of the Municipality to enter into this agreement with the State Parks Department. Attorney Shea stated though that he would have to see the contract before he could complete the Resolution. He further stated that this would enable the transfer of State Funds into a depository where they would not lapse at the end of the fiscal year or June 30th. So he stated that we needed a Resolution of Council authorizing the Mayor to accept this money on behalf of the Municipality and stated the one he had drawn up would suffice provided there were no unusual stipulations in the Agreement. He then read the following Resolution: R E S O L U T I O N Councilman Daniels moved the adoption of this Resolution. It was seconded by Councilman Cary and unanimously adopted. 1 1 Attorney Bart Shea outlined the status of the music festival which was proposed to be held by the Chamber of Commerce at the site of the Go -Kart Track which was objected to and enjoined by a group of citizens in that area. Mr. Shea stated that since the City Council had withdrawn their sanction of this event, the question was now moot. It was not a permanent injunction insofar as Council was concerned. It was simply a statement that Council would not consider giving permission for a Rock Festival there now, or in the future. Mayor Counihan asked Council if there were any objectives to the proposal that we make a statement that we will not allow any Rock Festival now, or in the future as far as this Council is concerned. There were no objections and the approval of the policy was unanimous. Attorney Shea outlined the procedure for handling the sale of Alley No. 1 and the property formerly occupied by Gentle Haven. He stated that sealed bids of proposals would be received on each of the pieces of property, addressed to the City Clerk at City Hall, Savannah Beach, Georgia, such sealed bid being in the nature of a sales contract offer which shall specify the total amount of such offer for the property being bid upon, a sixty -day closing ater the bid opening date, the bidder to pay for all attorney's fees and closing and recording costs. The terms of such proposal shall be cash and all bids must be accompanied by a deposit of 10 %, either by money order or certified check payable to the city of Savannah Beach, Tybee Island, Georgia. All bids should be post marked or delivered by hand no later than 5:00 P.M. Tuesday, July 20, 1971. Attorney Shea stated that we were required to advertise once a week for four weeks which will set us up into the second week of July. We have a Council Meeting scheduled for the third Wednesday in July, which will be July 21st. This, he stated, would give us the opportunity of getting all the bids in and have the bid opening at the end of the Council Meeting on July 21st. Mr, Shea further stated that the City had the right to reject any and all bids. Mayor Counihan turned over to the City Attorney a letter from the Old Fire Department in which they agreed to re- conveying the Old Fire Department in which they agreed to re- convey the old fire department building on the condition that certain requests regarding their use of building are complied with. The City Attorney will draw the necessary resolution covering these requests. Following the reading of a letter from Mr. Ken Schaferr of the Georgia Southern Planning and Development Commission concerning the application for a variance for Mr. Delano Maurice, Council unanimously approved the granting of this building permit to Mr. Maurice. 77 78 In the case of the application of Mr. Leroy Moore for a building permit, Council referred this to the Planning Commission. Two requests for shallow wells were read by the Clerk, one from Mr. Clayton Miller and one from Mr. Anthony P. Simon. They were both denied by Council. Councilman Cary recommended that the option to approve these wells by Council be deleted from our Code of Ordinances. The Mayor requested the City Attorney to do this. Council unanimously approved this handling. The Clerk read two requests, one from Mr. Stallings and one from Mr. Fountain who asked that their water meters be removed and the billing stopped. Council agreed that as long as the property is improved they would be billed the minimum water and sewer charge; however, if the owner decides to demolish the building, the meter would be removed and the billing discontinued. Mayor Counihan stipulated that all similar requests in the future be handled in this manner. City Attorney Bart Shea read an amendment to the Water Ordinance concerning surface wells, Section 20 -23 of our Code of Ordinances and asked that it be put on first reading. Council unanimously agreed to holding the first reading on this Ordinance Amendment. Fire Commissioner Ed Towns made a report on the banquet honoring several retired Fire Chiefs. He stated that they were somewhat disappointed in the turn out but it was a real nice affair. Councilman Daniels reported on a meeting called by the Chamber of Commerce to which was invited the Mayor and Council as well as those citizens who were objecting to the affair. Mr. Daniels stated that none of those who were objecting to the festival came but that the Mayor informed the Chamber that in a special meeting the night before Council voted not to allow this festival to go on. Councilman Schwarz gave a report on plans to pick up and get rid of abandoned cars. Mayor Counihan, in reference to the plans of Savannah Mayor, John Rousakis, to condemn run down houses through the Health Department, stated that we should consider the same thing here at the beach. Mayor Counihan announced that as of this week we had 62 employees and a weekly payroll of over $5,000. He stated that from here on out we would have to use care and cut back wherever we could. HE FURTHER stated that he wanted all purchases of vehicles, bids, etc. to come through the City Clerk's office. 1 1 There being no further business, the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL 79 1 i 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) R E S O L U T I O N A RESOLUTION by the Mayor and Council of the City of Savannah Beach, Tybee Island in council duly assembled on the 16th day of June, 1971, and it is hereby resolved as follows: WHEREAS the City of Savannah Beach, Tybee Island, a political subdivision within the State of Georgia, is the owner and custodian of certain beaches which have deteriorated, due to erosion, acts of God and other events, and will continue to deteriorate unless appropriate reclamation activities are undertaken; and WHEREAS the City is desirous and willing to receive funds from the General Assembly of Georgia, the Department of State Parks of the State of Georgia, and other state and federal agencies, for us in reclamation of said beaches, and to enter into such other contracts and agreements as may be required for said purpose; and WHEREAS Georgia Laws 1970, page 3, authorized the General Assembly to use State funds for the purpose of reclaiming natural resources owned by a county or municipality, which resources have deteriorated, due to erosion, acts of God or other unforeseen events, and further provided that in the event funds are appropriated for such purpose, the Department of State Parks of the State of Georgia shall be the agency to administer and direct the use of such funds and enter into contracts with municipalities or others for such purpose; and WHERAS Georgia Laws 1970, pages 32, 59, the General Assembly appropriated to the Department of State Parks the sum of $419,000.00 for reclamation of natural resources, provided that said amount shall be used only for reclamation of beaches at the City of Savannah Beach, Tybee Island, Georgia, in connection and conjunction with United States Corps of Engineers. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Savannah Beach, Tybee Island, Georgia, and it is hereby resolved as follows: 1. That the Mayor and Council of the City of Savannah Beach, Tybee Island, Georgia, do hereby authorize Michael J. Counihan, Mayor of the City of Savannah Beach, Tybee Island, Georgia, to enter into an agreement dated the day of June, 1971, by and between the Department of State Parks of the State of Georgia, and the City of Savannah 1 1 Beach, Tybee Island, a political subdivision of the State of Georgia, wherein under the terms of such agreement the Department of State Parks shall pay to the City of Savannah Beach, Tybee Island, Georgia, the sum of $419,000.00, subject to the terms and conditions therein contained. 2. that the Mayor and Council of the City of Savannah Beach, Tybee Island, Georgia, do hereby ratify and confirm any and all actions of the Mayor heretofore made by him on behalf of said City, and do hereby grant and authorize to him all of the rights, powers and duties of council and said City to further act in the future on behalf of the Mayor and Council of the City of Savannah Beach, Tybee Island, Georgia, in the furtherance of said beach reclamation project, subject only to the provisions and conditions of the aforesaid agreement between the Department of State parks and the City of Savannah Beach, Tybee Island, Georgia. 3. Said authorizations for the Mayor to further act as agent and depository on behalf of the municipality shall carry with it and include all of the appropriate and necessary authority to proceed in the premises, receive and accept and place on deposit said funds upon receipt from the Department of State Parks, and proceed in accordance with the laws in such cases made and provided, and the terms of the agreement between the Department of State Parks and the City of Savannah Beach, Tybee Island, Georgia. 1971. ADOPTED in Open Council Meeting this 16th day of June, CITY OF SAVANNAH BEACH, TYBEE ISLAND Ed Patterson, Clerk of Council