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HomeMy Public PortalAbout19740320CCMeeting1 1 (5 Savannah' Beach, Georgia 'March 20, 1974 The Regular Monthly Meeting of Savannah Beach City Council was held this afternoon at 3:00 P.M. with Mayor Allen Hendrix presiding and a quorum of the following councilmen present: Mrs. Karen Losey,'Ernest Hosti, Walter Parker, Edward Towns and Earl Anderson. City Attorney Lance Smith was also present. VISITORS AND PETITIONERS present at the meeting were: Mr. Jim Fabrikant, Carolyn Golden, Kris Rossi, Bob Williams, Robbie Robertson, Sally Bostwick, Mrs. Ernest Hosti, Miss Sharon Hendrix and Mr. Bill Wong. MINUTES of the following Council Meetings were approved as written: Regular Council Meeting of February 20,. 1974 Special Council Meeting of February 27, 1974 Special Council Meeting of March 2, 1974 Mr. Kris Rossi appeared before Council to request per- mission to hold a street dance on property owned by the City at. Fifteenth Street and the Strand on Friday evening, March 29th. After a discussion, Mayor Hendrix turned this matter over to the Police Committee and the Recreation Committee to investigate and arrive at a decision and inform Mr. Rossi of it. City Attorney Lance Smith suggested that in view of the fact that a public hearing in connection with an amendment to the Sand Dune Ordinance had been called for 3:00 P.M. to coincide with this Council Meeting, he felt it would be well to get it out of the way at this time. An invitation was then extended to anyone present who might have something to say about the proposed amendment or any questions on it, to speak at this time. Mr. Smith stated further that the Corps of Engineers was anxious to get this particular amendment passed by Council as quickly as possible in order that it could be included in their package which was being shipped to Washington in the next day or so. The proposed amending Ordinance was then read in its entirety by the Clerk: ORDINANCE After a further discussion, a motion was made by Council- man Ernest Hosti that this amendment to the Sand Dune Ordinance be adopted on Second Reading. The motion was seconded by Councilman Jung and unanimously carried. BILLS OF THE VARIOUS DEPARTMENTS for the Month of February were approved for payment. a* -2- City Attorney Lance Smith informed Council that in order to continue the program of our Erosion Control Project, it was necessary for the City to execute the ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. The Clerk was then requested to read the following Resolution: RESOLUTION Following the reading of this Resolution, Councilman Jung moved its adoption. The motion was seconded by Councilman Towns and unanimously carried. Councilman Earl Anderson informed Council that he had received a letter from the American Legion requesting that the City accept responsibility for two-thirds of the expenses incurred at the Legion Home since basketball activities began last November. Councilman Anderson stated that he expected this total would be around. $300.00, with our share being approximately $200.00. He then moved that the City pay 2/3 of this expense. This motion was seconded by Councilman Hosti and unanimously carried. City Attorney Lance Smith outlined the contents of a lease agreement which he had prepared as per instructions from Council, between the City of Savannah Beach and an organization known as TYBEE ARTESANS BY THE SEA, for the lease of a city -owned battery adjacent to the Museum. Mr. Smith stated that before taking any action on this. matter, Council should know that any lease signed by this administration would not be legally binding on a succeeding administration and all leases would have to be renewed at the time the new administration comes in in July. Councilman Anderson then moved that the Mayor be authorized to sign this lease - agreement on behalf of the City. The motion was seconded by Councilman Parker and unanimously carried. Councilman Jung, Chairman of General Goverment, informed Council that we now have three float stands and he had now received an application for the fourth float stand and asked Council for their feelings on this matter. Following a lengthy discussion it was decided to let a committee look into it and report back to Council at a later date. He then appointed a committee of Mr. Anderson, Mr. Parker and Mr. Jung to look into this. Mr. Jung called the attention of Council to a letter he had received from Mr. A. P. Simon, owner of the Ramada Inn, stating that it had come to his attention that certain tax monies have been spent by the City which were not authorized and asked for a special meeting to be held so that he could get an explanation of 1 1 1 1 -3- these expenditures. Councilman Jung then asked the City Attorney if we were subject to this sort of thing. Mr. Smith, City Attorney, stated that all he could say was that it was a generally accepted rule of law and also was in accordance with the Savannah Beach Charter that all funds spent would be approved and authorized by both the Mayor and Council. Mayor Hendrix stated that since this letter was addressed to him, he would answer it himself. The Clerk announced that he had received a communication from Mr. John Wright Jones, Attorney and legal counsel for Mr. Dave Hudson who stated that since the State Revenue Department had denied the application of his client, Mr. Dave Hudson, for an alcoholic beverage license at the location on Sixteenth Street known as the Novelty Bar, he was, therefore, requesting a refund from the City of Savannah Beach in the amount of $915.00 which was the amount he had paid the City for the local license and which were never used Mayor Hendrix stated that before any refund was made he would like the Police Commissioner to check into this to see if he actually was denied a license by the State. Council- man Parker then moved that if Mr. Hudson did indeed apply for a state license and was in fact denied,that state license, then we shall refund his money; otherwise we would make a decision at the next council meeting. The motion was seconded by Councilman Towns and unanimously carried. The Mayor instructed the Clerk to wait for an answer from the Police Commissioner. • A written request from Mr. James H..McKenna,.Jr. for permission to construct a wooden deck supported by concrete block columns to begin eighty (80) feet from the seawall on his Lot G -1, Ward No. 2. Mayor Hendrix informed Council that in this particular area, the sand dune line is 96 feet from the seawall. The Mayor stated further that Mr. McKenna was building up to the sand dune line and was asking for "air rights" for a deck over the second floor. He then turned the matter over to Councilman Earl Anderson and his committee, stating that Mr. Anderson has had experience in this. The Clerk announced receipt of approval for a State - County Contract for paving 0.236 miles of re- surfacing 624 feet of Eleventh Street and 622 feet of Fifteenth Street (Jones to Butler Avenue) in Savannah Beach. The Clerk stated :further that what is now needed is a Resolution to accept the contract and authorize the Mayor to execute the Contract on behalf of the City. After much discussion as to it might be better to pave some other streets that needed paving more than the specified streets, it was decided to ask the State Highway Department to substitute streets that were more in need of the work than these two were. Councilman Jung then moved that we adopt the Resolution with Van Horn Street shown instead gg -4- of Eleventh and Fifteenth Streets. Councilman Anderson seconded the motion and it was unanimously carried. The Clerk was then requested to ask for the substitution of Van. Horn Street in this paving project. A letter was read by the Clerk which was a copy of a letter from District Attorney Andrew J. Ryan, Jr., to Chief Al St. Lawrence of the Chatham County Police. Department in which Mr. Ryan commended the fine work done by the Savannah Beach Police Department, working in conjunction with the Chatham County Police Department in the recent criminal case involving assault and an armed robbery attempt upon a. local, elderly lady. Councilwoman, Mrs. Losey, stated to council the need for a more adequate fire alarm system, due to the deteriorated condition of the present one. Mayor Hendrix. requested Mrs. Losey and her . committee to pursue this further and report back to Council. Mr. Bob Williams, Vice - President of the Savannah Beach Chamber of Commerce and owner of the Tides Motel, expressed the thanks of the Chamber for the great efforts put forther by the. Town in the recent national bicycle races. Mr. Williams stated that in one year this race had become a classic and had attracted nation -wide publicity. Councilman Earl,Anderson requested that the City have someone present on April 5th at the Savannah Beach Post Office during the innoculation of dogs by the Chatham County Health Department in order to sell identification tags to all the dog owners who appear. Mayor Hendrix stated that we now have a full - fledged dog catcher who is employed by the City and perhaps we will be able to have him there. Mrs. Losey stated to Council that in view of the fact that there were no signs on the city -owned Tybrisa property at the present time, she wished to make a motion that three signs be placed on this property -- one on Butler Avenue, one on Fifteenth - Street and one on Sixteenth Street, saying: "For Sale ". It was seconded by Councilman Anderson and carried by a vote of four to ) two; Councilmen Towns, Losey, Anderson and Jung voting for the - motion and Councilmen Hosti and Parker voting against the motion. There being no further business the Meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL 1 1 1 1 AN ORDINANCE AN ORDINANCE TO AMEND SECTION 106 OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, PERTAINING TO THE SAND DUNE PROTECTION ORDINANCE, SO AS TO EXCLUDE FROM VIOLATION OF THIS ORDINANCE THE UNITED STATES ARMY CORPS OF ENGINEERS AND FOR OTHER PURPOSES. SECTION I. Be it ordained by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in council duly assembled, and it is hereby ordained by authority of the same that Section 106 be amended by adding subsection (C) to read as follows: (e) Exception. The provisions of this ordinance shall not apply to activities and structures necessary for the successful completion of the Army Corps of Engineers Beach Erosion Control Project, since the project is pro- posed to result in new beach and sand dune areas protecting the health, safety, and welfare of the citizens. Such exempted activities and structures shall specifically include the public parking and beach access area pro- vided for in subsections (j) and (k) of Section 1 of the Agreement between the United States of America and the State of Georgia, the City of Savannah Beach, Tybee Island, Georgia, and Chatham County, Georgia, for local Cooperation at Tybee Island Beach, Georgia, entered into on the 3rd day of April , 1974. SECTION II. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. ADOPTED IN OPEN COUNCIL this 20th day of March, 1974. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA By L\ . t1JO iw ° L( 1�YOR 614 Attest CLERK OF COUNCIL I, Edward M. Patterson, Clerk of Council of the City of Savannah Beach, Tybee Island, Georgia, do hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly passed and adopted at a Meeting of Savannah Beach City Council at a meeting thereof duly held and called in Council Room at City Hall on the 20th day of March, 197+. E. M. PATTERSON Clerk of Council 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) I, Edward M. Patterson, Clerk of Council of the City of Savannah Beach, Tybee Island, Georgia, do hereby certify that the attached Resolution was duly and regularly passed and adopted at a Meeting of Savannah Beach City Council at a meeting thereof duly held and called in Council Room at City Hall on the 20th day of Mar , 1974. E. M. Patterson CLERK OF COUNCIL RESOLUTION WHEREAS, Savannah Beach, Tybee Island, Georgia, is a municipal corporation chartered under the laws of the State of Georgia, and under its charter, acts through its mayor and council; and WHEREAS, at the present time, Savannah Beach, Tybee Island, Georgia, is undertaking. an erosion control project for the preservation of the said city`s beaches; and WHEREAS, the United States Government, the State of Georgia, and the Commissioners of Chatham County have all agreed under-contract • for-the funding-of this project; and WiIEREAS,.in order to complete the requirements, the United States Government has•requested that the City of Savannah Beach, Tybee Island, Georgia, execute the Assurance of Compliance agreeing that it will comply with Title 6 of the Civil Rights Act of 1964 (Public Law 88- 352, 78 Stat. 241, and all requirements-imposed by or pursuant to the Department of Defense Directive 5500.11 issued pursuant thereto and published in Part-300 of Title 32, Code of Federal Regulations). NOW, TORE, BE IT RESOLVED that the City-Council duly assembled, duly authorize the Mayor of Savannah Beach, Tybee Island, Georgia, to execute the above - mentioned Assurance of Compliance and that the same be forwarded to the Department of the Army, Savannah District Corps of Engineers. ADOPTED IN OPEN COUNCIL This 20th day of March, 1974. CITY OF SAVANNAS BEACH,.TYBEE ISLAND, GEORGIA. By: 11 QL©nem,. Oip r1c. YOR • Attest: Clerk of Council (SEAL) .N 1 .P % ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The City of Savannah Beach, Georgia (hereinafter called the City) HEREBY AGREES THAT it will comply with Title VI of the Civil Rights. Act of 1964 (Public Law 88-352, 78 Stat. 241) and all requirements imposed by or pursuant to the Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32 Code of Federal Regulations, to the end that, in accordance with Title VI of that Act and the Directive, no person in the United States, shall, on the ground of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the City receives Federal financial assistance from the Department of the Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measure necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the City by the Department of the Army, assurance shall obligate the City, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another pur- pose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the City for the period during which the Federal financial assistance is extended to it by the Department of the Army. THIS ASSURANCE is given in of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance which were approved before such date. The City recognizes and agrees that such Federal financial assistance will be extended in reliance on the representa- tions and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the City, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the City. Date 2 D� / 9 By Vtt,tatne " L in OWW WILLIAM ALLEN HENDRIX, Mayor City of Savannah Beach, GA 1-41;v! I sumer t awnsssoPZR The Honorable Alien Hendrix Mayor, City of Savannah Beach Executive Office, City Hall P.O. Box 128 Savannah Beach, Georgia 31328 Dear Mayor Hendrix: tCf Ytll �$SHLTTPPS 270 WASHINGTON ST.. S.W. ATLANTA, GEORGIA 30334 (404) 656.3500 February 21, 1974 In order to facilitate the initiation of the Army Corps of Engim neers Beach Erosion Control Project for Savannah Beach as rapidly as possible, we recommend that the Project be exempted from the provi- sions of your Beach and Sand Dune Protection Ordinance. Since an ad- equate plan for parking and access to the beach area north of Tilton Street has been worked out with the Army Corps, and since the project will eventually result in a new beach and the natural creation of sand dunes, we feel this exemption is in keeping with our concern for beach and sand dune protection. We expect, however, that the cooperation of the Army Corps of Engineers in abiding by the principles and intent of all local or- dinances including the Beach and Sand Dune Protection Ordinance, will continue in the future. This will be especially important as new sand dunes begin to for on the beach. The following,wording may serve as an amendment to the Beach and Sand Dune Ordinance that you may wish to use: "Exception. The provisions of this ordinance shall not apply to activities and structures necessary for the successful completion of the Army Corps of Engi- neers Beach Erosion Control Project, since the pro- ject is proposed to result in new beach and sand dune areas protecting the health, safety, and welfare of the citizens. Such exempted activities and struc- tures shall specifically include the public parking and beach access area provided for in subsections j and k of Section 1 of the Agreement between the United States of America and the State of Georgia, the City of Savannah Beach, Georgia and Chatham Coun- ty, Georgia for Local Cooperation at Tybee Island Beach, Georgia entered into on the day of , 1974." (2) Please let us know if you are in agreement with this proposed amendment or if Z can be of any assistance. JDT /yr Sincerely, Tanner sioner cc: Col. Edwin C. Keiser, District Engineer Mr. Paul Ramee, Thomas and Hutton