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.
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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
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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
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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.
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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.
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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.
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There being no further business, the meeting was adjourned
to the next regular or special called meeting.
CLERK OF COUNCIL
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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
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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