HomeMy Public PortalAbout19741216CCMeeting1
Savannah Beach, Georgia
December 16, 1974 .
The Regular Monthly Meeting of Savannah Beach City Council
was held this evening at 7:00 P.M. in the Council Room at Savannah
Beach City Hall with Mayor Michael J. Counihan presiding and a
quorum consisting of the following councilmen present: Mr.
Richard DeLoach, Mr. John Wylly, Mr. Edward Fahey, Mr. Joseph
Agnew, Mr. Ernest Hosti and Mr. James Bond. Also present at
the meeting was Assistant City Attorney Leo Beckman.
Visitors and petitioners present at the meeting were:
Mr. Earl Anderson, Pat and Chris Fahey, Mr. & Mrs. Vic Strojny,
Mr. & Mrs. James Fabrikant and Mrs. Karen Losey.
Mr. Strojny informed Council he was appearing before them
for the following reasons:
1. A noisy Wellpoint pump that was running continously
on Fourteenth St. in the vicinity of his home.
2. Garbage is constantly being strewn around his home
by roving animals - probably dogs.
3. A dismantled house that has been moved from another
location into a vacant lot directly across the street
from him.
These matters were discussed by Council and Mr. Strojny
was assured that they would all be investigated and corrective
measures taken.
Mayor Counihan stated that, due to the fact that we did
not get around to approving Minutes at the last Regular Council
Meeting, that he would like to have the Munutes of all past
meetings approved at this meeting. He stated that the Minutes
which had not yet been approved were for the following meetings:
Special Meeting - September 19, 1974
Special Meeting - October 18, 1974
Regular Meeting - October 28, 1974
Special Meeting - November 7, 1974
Regular Meeting - November 18, 1974
Special Meeting - December 3, 1974
There being no errors or omissions in these Minutes they
were approved as wirtten.
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Bills of the various departments for the month of
November were approved as written.
A letter was read by the Clerk from Mr. Nick C. Alexander
requesting an estimated $181.00 damages which he stated was
caused by bowls and a sand trap backing up and causing this
damage to a rug. Mr. James Bond, Chairman of the Water and
Sewer Department informed Council that he could find no pro-
visions in our water and sewer ordinances for payment of any
damages of this sort and he would, therefore, recommend. that
Mr. Alexander's claim for damages not be honored at this time.
He also stated that he would like to consult further with our
City Attorney on this. Councilman Bond's recommendations were
approved by Council.
An offer by Mr. S. R. Kent, in writing, to purchase the
absolete nickel parking meters owned by the City was read by
the Clerk. Upon motion made by Councilman Ernest Hosti and
duly seconded, the Council voted unanimously to keep these
meters.
At the request of Mayor Counihan, the Clerk read a letter
from Mr. Howard Bellinger, Executive Director, of the Metropoli-
tan Planning Commission stating it was his understanding that
the Savannah Beach City Council had reviewed the Plan for a
Chatham County Solid Waste Management Program and that-the
features of this Plan had been discussed with Council by Mr.
-Clyde Wester, Senior Planner with the Metropolitan Planning
Commission. Also, that Council had agreed to send the M.P.C.
a letter supporting the Plan. Mr. Bellinger requested Council
to get this letter in to them, if possible, by December 20th.
LETTER FROM MR. BELLINGER
Councilman Hosti stated that he would meet with Mr. Wester
to discuss this as soon as a meeting could be arranged.
To conform with the requirements of the Southern Standard
Housing Code, 1973 Edition, which has now been adopted by the
City of Savannah Beach, Mayor Counihan appointed the following
Savannah Beach residents to the Housing Board of Adjustments
and Appeals:
1 Year Term - Franklin Burnsed - Building Inspector
2 Year Term - Joseph Winders - prominent educator
3 Year Term - S. R. Kent - former City Employee
experienced in water - sewer- building and
electrical work
Mayor Counihan requested the Clerk to notify these
gentlemen of their appointment to this Board and asked that
the City Attorney prepare the necessary Resolution.
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Mayor Counihan called upon Mr. Leo Beckman, Jr. a member
of the law firm of Miller,_ Beckman and Simpson and an associate
of Mr. William H. Pinson, our City Attorney, who stated that
he was sitting in for Mr. Pinson at this meeting because he had
been unavoidably detained in Lyons, Georgia, today and was unable
to get back to Savannah in time for the Meeting.
Mr. Beckman stated that at. a Council Meeting on December
3, 1974, Councilman Agnew proposed that an amendment to the City
Charter be made which would have the effect of electing the
Mayor and Councilmen to a four year term. Mr. Beckman stated
that, under the law of Georgia the mayor and council cannot
appoint themselves to a four -year term or vote to extend their
terms during their present term - this to take effect as of
the next election.
Mr. Beckman told Council that in his haste to get at
least a rough draft of a Resolution for Council to work on,
he had brought one with him that contained a lot of typographi-
cal errors. He read the necessary corrections for Council to
change their copies. He then read the following Resolution:
RESOLUTION
WHEREAS, the Mayor and Council for the CITY OF SAVANNAH
BEACH are by the authority of the Charter of the CITY OF
SAVANNAH BEACH, Tybee Island, Georgia, elected for terms
of office of two (2) years; and,
WHEREAS, the Mayor and Council feel that the term of four
(4) years would better enable them to carry out the business
of the CITY OF SAVANNAH BEACH, Tybee Island, Georgia.
NOW THEREFORE BE IT RESOLVED, that the CITY COUNCIL duly
assembled authorizes the legislative delegation from the COUNTY
of CHATHAM to introduce before the GEORGIA GENERAL ASSEMBLY a
bill for the purpose of amending the charter of the CITY OF
SAVANNAH BEACH, Tybee island, Georgia, to provide for four (4)
year terms of office for the Mayor and Councilmen of the CITY
OF SAVANNAH BEACH, Tybee Island, Georgia.
ADOPTED IN OPEN COUNCIL THIS day of
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After reading the draft of the Resolution, Mr. Beckman
informed Council that he and Mr. Pinson felt that this pro-
posed amendment to the City Charter should be left slightly
flexible for the Chatham County Legislative delegation so that,
after consulting with the legislators, at a later time Council
could adopt the final form of the amendment. Mr. Beckman then
read the proposed Amendment to the Charter:
PROPOSED AMENDMENT TO CHARTER
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Summarizing, Mr. Beckman stated that briefly what this
proposed amendment does is to set up for the next election,
the election of a mayor and three councilmen for a four
year term and the election of three councilmen for a two
year term. And, at the next subsequent election (the two
years subsequent to this) three councilmen would be elected
for a four year term with the other three councilmen holding
over for two more years and, also, the mayor holding over for
two more years. Mayor Counihan then asked for discussion on
this proposed amendment to alter our charter in regard to the
election of the mayor and councilmen.
Councilman James Bond stated that at the present time
our elections are held on the first Monday in April and those
elected do not assume office until the first Monday in July.
He said he would like to see this changed and have the elected
Mayor and Councilmen take office on the first Monday in May.
The majority of the Council felt that changing the date of
the election would serve the same purpose.
Mayor Counihan stated that if this Resolution was
adopted by Council he would have to sign it; however, he
stated, he wanted to go on record as being opposed to it.
After further discussion on other changes it was ex-
plained by Mr. Beckman that this Resolution was merely a
proposal that we would submit to our legislative delegation;
and that it was purposely made flexible enough so that Council
could make changes after presenting it to the legislators and
conferring with them.
Councilman Joe Agnew moved the adoption of the Resolution
subject to changing the month of the election from April to May.
This motion was seconded by Councilman Richard DeLoach following
which Mr. James Fabrikant asked for permission to speak and
suggested that a referendum should be added td bin in
order to give the voters an opportunity to express themselves
on it. After a further discussion, Councilman Agnew amended
his original motion to include the requirement that a referen-
dum on this question be held during the calender year of 1975
to give the people a chance to vote on it. A discussion then
followed as to the legality of passing a bill before the
Referendum was held. Council John Wylly suggested that Mr.
Agnew get an opinion on this and then poll them on the phone.
Mayor Counihan appointed Mr. Agnew a committee of one to look
into this matter further and so notify the Council, or, he
stated if Council so desired he would do this. This was
agreeable with Council and the Resolution was NOT adopted at
this meeting.
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Councilman Edward Fahey, Chairman of the Police Committee,
requested permission of Council to make Lt. Weatherly of the
Savannah Beach Police Department, Special Investigator for
the Police Department effective January 1, 1975. This assign-
ment to be for a period of ninety (90) days, after which time
we would be able to determine whether or not the position could
be be made permanent. Chairman Fahey explained that the L.E.A.A.
Grants are usually distributed during the first part of the
year and that he was in hopes of getting this job funded through
this source. Mr. Fahey stated further he would still like to
make the job permanent even if he did not get the money from
these Federal Funds. Some of the reasons for requesting this
new position for Lt. Weatherly, Mr. Fahey said, were his
familiarity with the paper work to obtain L.E.A.A. Funds and
to increase the efficiency of the Savannah Beach Police Depart-
ment by having Lt. Weatherly do all the investigative work for
the Department. Councilman Fahey then stated that he had not
discussed this with anyone except the members of Council.
Councilman Richard DeLoach raised the question as to
whether or not Mr. Fahey felt that we could do without Lt.
Weatherly's services as patrolman. Mr. Fahey stated that he
felt seven men could handle it at least during this trial
period of ninety days. Council seemed to approve this and
suggested that Chairman Fahey confer with his committee and
if the Police Committee approve this move, it would be agree-
able with them.
Mr. Fahey informed Council that two new patrol cars were
very badly needed by the Police Department. He stated that our
present cars were still running but were beginning to cost us
a lot of money. He stated further that he had found that funds
were available from Revenue Sharing. Councilman Hosti stated
that, speaking for himself, he certainly saw no objection to
this. The other members of Council also agreed and permission
was given Chairman Fahey to purchase two new cars from Revenue
Sharing Funds.
Councilman Fahey asked Council for their opinion in
regard to first offenders that are picked up for drug violations
as users. He stated that, for example, if the arresting officer
knows that this is a first offense and that he can contact
the parents of these defendants and get their cooperation -
can he turn these first - offenders over to the custody of their
parents? Councilman Bond felt that it would be necessary to
make an arrest in order to determine if this was actually a
first offense. Mr. Fahey stated further that it had been his
intention to ask City Attorney Pinson if a temporary hold could
be put on the defendant until the determination could be made
as to whether or not this was a first offense. Mr. Fahey stated
that the whole idea behind his request was to try to give these
young people a second chance without putting anything on their
record.
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Councilman Hosti stated his views were that on the
first offense, Mr. Fahey, the arresting officer and the judge
should confer confidentially and if it is found to be a first -
offense and if the three of them feel that the parents can
control their children, that they be turned over to the custody
of their parents. The Mayor asked the members of Council if
there were any objections to this procedure. Hearing none, it
was so ordered.
Chairman Fahey informed Council that due to the $3400.00
cost which the City would have to pay in order to participate
in the Chatham County Police Dispatching Service and due to the
fact that it was necessary for us to have our own dispatchers
around the clock, it was his recommendations that we do not
participate in the Chatham County Service. It was suggested
that since we had our own base station and dispatchers around
the clock, the City of Thunderbolt should be contacted with
the view of having them join in our dispatching. Mr. Fahey
stated he would do this.
Councilman Richard DeLoach stated that he wanted to know
what were the feelings of the Council as to our Fire Department
answering calls outside the city limits. In answer to a
question from the Mayor as to whether or not this would leave
our people unprotected, Councilman DeLoach stated that it would
not. Mr. DeLoach continued stating that the main area he was
concerned about was Spanish Hammock and Chimney Creek. Fort
Pulaski was also in our jurisdiction, he stated that our
present policy was just to send one unit to do what we can.
It was brought out by Councilman John Wylly that these
people outside the city limits were not paying taxes and that
other volunteer fire departments charge and the residents
subscribe to them. He said he was not advocating that we stand
by and watch someone's house burn because they had not paid
their dues, but, he brought out that we, as taxpayers, were
paying for these services and the people outside the city limits
were not. Chairman DeLoach stated again that he wanted City
Council to decide what the policy of the Savannah Beach Fire
Department would be in this matter:
Councilman Fahey stated that if we were going to make any
exceptions in going outside the city limits then we should
take care of all the people outside the city limits - not just
those along Tybee Road. Councilman Agnew stated that at the
present time we were providing garbage collection outside the
city limits for a fee and we should do the same thing in answer-
ing fire calls. Councilman Agnew then moved that the Fire
Department come up with a recommendation as to how much the
charges will be for the people who subscribe to the fire ser -.
vice and make the service available to these people outside
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the city limits on that basis. The motion was seconded by
Councilman Hosti and unanimously carried.
Councilman Joe Agnew stated that he had been requested to
look into the matter of the possible conveyance of some land
being a portion of Beechwood Drive which the City had been
requested to quit -claim to an individual. Mr. Agnew stated
that it was his feeling that that the City needed to adopt a
policy of conveying any excess land it may own. He said that
when we get a request for the quit - claiming of any city -owned
property, or if Council decided it would like to dispose of
some real estate, this matter should be referred to the com-
mittee that ordinarily would have jurisdication over that
property. For example of what he meant, Mr. Agnew explained
that if the property involved was a street, it should be re-
ferred to the D.P.W. Committee or if it was a building that had
been used for recreational purposes, then it would be referred
to that committee. This committee would then make a dertermi-
nation as to whether or not the City had any future requirement
for the use of this property. After they determined that it
is excess to the requirements of the City, if they so do, the
matter should then come back to the Committee on General
Government for the establishment of a fair market price for it.
Then, he said, this value must be approved by the entire
Council.
Mr. Agnew continued stating thatafter this value had been
arrived at, the property would be duly advertised and a bid
opening date set and sealed bids received for the purchase of
the property. And, after the bids are opened, if the high bid
received is equal to or in excess of the value that had previously
been arrived at by City Council then we would sell it. Mr.
Agnew stated that he felt this was a good, orderly procedure
for us to follow.
Mayor Counihan stated that he felt the adjoining property;;
owner should be shown some kind of preference. Mr. Agnew stated
that the only way he would give the near -by property owner the .
preference would be for him to pay the price for it. Councilman
Agnew then moved that this procedure be established as a policy
for disposing of excess property. This motion was seconded by
Councilman Hosti. At this point, Assistant City Attorney Leo
Beckman recommended Council add to this procedure a requirement
that the property be appraised by a registered professional
appraiser, at the purchaser's expense.
Councilman Fahey suggested that perhaps this should be
done with a Resolution and Attorney Beckman agreed. Councilman
Agnew stated that the procedure he had outlined was the one used
by the Federal Government and could be used until the proper
ordinance could be drawn for it. Councilman Agnew felt like
the appraisal would be preferable in the long run but what he
had in mind was to establish a policy that we could use on a
temporary basis with the idea in mind that we would adopt
an ordinance to cover it later. He stated again that he just
wanted some procedure established right now for the city to go
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by. Attorney Beckman stated that a policy would be good to .
establish but it would still be necessary that a Resolution be
passed prior to a particular piece of property being sold for
whatever price was set up by the committee; however, he stated
he felt that this procedure could be made the policy of the
City with a motion. Mayor Counihan then called for a vote on
the question and it was unanimously carried.
There being no further business, the meeting was adjourned
to the next regular or special called meeting.
Clerk of Council
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CHATHAM county sr�vvnAwi" r1ETRovouun PLANNING COMMISSION
2 E. BAY SL BQK'1027 SAVANNAH, GA 31402 912-236 -9523
HOWARD J. BELLINGER. AIP
EXECUTIVE DIRECTOR
MILTON L. NEWTON. JR.
DEPUTY EXECUTIVE DIRECTOR
December 13, 1974
Mayor Michael J. Counihan
Town Hall
Butler Avenue
Savannah Beach, Georgia 31328
Dear Mayor Counihan:
I have been advised by Clyde Wester, Senior Planner with the Metropolitan
Planning Commission and Project Director for developing the Chatham County
Solid Waste Management Plan, that he has discussed the features of the
plan with you.
It is my understanding that you have agreed to review the plan and to
forward to our office your letter supporting the plan. We would appreci-
ate your letter of endorsement by December 20 so that it can be included
in the document that we must submit to the State of Georgia Environmental
Protection Division. As you know, the Countywide Solid Waste Management
Plan is a prerequisite for receiving financial assistance from the State
of Georgia under the Solid Waste Grant Program.
We wish to extend our appreciation to you and the many other local
officials who assisted our staff in preparing this important planning
document.
HB:sc
Sincerely,
glae.la"it ("e44‘.11LA4
Howard Bellinger
Executive Director
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Savannah Beach, Georgia
December 27, 1975
A Special Called Meeting of Savannah Beach City Council
was held this evening at 7:00 P.M. for the purpose of accepting
the low bid and awarding the contract for the Lewis Avenue
sewer work and to request the State of Georgia to amend the
Grant Contract to include the replacement of sewers in Lewis
Avenue in Grant 74- WPC -4.
Mayor Counihan asked that the records show that the
meeting was called by Councilman Bond, Wylly, Hosti and Fahey.
Mayor Counihan informed Council that it was his under-
standing that Councilman Agnew would not be present at the
meeting but that he had not heard from Councilman DeLoach.
However, a quorum of the following Councilmen was present at
the meeting: Ernest Hosti, John Wylly, James Bond and Ed.
Fahey. Councilman DeLoach did arrive shortly thereafter.
City Attorney William H. Pinson, Jr. was also present and
Mayor M. J. Counihan presided.
The Clerk then read the Resolution prepared by the City
Attorney awarding the contract to Aultman Contracting Company
who was the low bidder and whose bid was $55,728.97.
Following the reading of this Resolution, Mayor Counihan
asked who was the next low bidder. Councilman Jim Bond, Chair-
man of the Water and Sewer Department, then read the following
letter from Thomas and Hutton dated December 17, 1974,
LETTER FROM THOMAS AND HUTTON
Following the reading of this letter, which listed all
of the bidders with the amount of their bid and a recommendation
that the work be awarded to the low bidder, Aultman Contracting
Company in the amount of $55,728.97, Mayor Counihan stated
that he had not been able to find out very much about Aultman.
Contracting Company and since they were located in Macon, Georgia
and would have to come from Macon in the event we had any
trouble with their work, he felt we should consider Collins
Plumbing Company, the NO. 2 bidder or Eastern Construction
Company, the NO. 3 bidder.
In the discussion which followed Council seemed to .
prefer a local company rather than one from out of town; however,
City Attorney Pinson questioned Council's actions in NOT
awarding the contract to the low bidder fearing some conflict
with the State Grant requirements. Councilman Bond stated that
no matter what company Council decided to give the bid to, we
needed sufficient inspectors to get the job done properly and
to see that the plans and specifications are followed to the
letter.
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After more discussion, Council felt that since there
was only about $600.00 difference in the first and second
bids that the work be awarded to Collins Plumbing Company
and the following Resolution be adopted:
RESOLUTION
Following the reading of the Resolution, Councilman
Hosti stated that if all were in agreement on this he would
move the adoption of this Resolution and he so moved. The
motion was seconded by Councilman Fahey and unanimously
carried.
There being no further business, the meeting was ad-
journed to the next regular or special called meeting.
Clerk of Council
Mayor
TELEPHONE 232.2185
IHUE THOMAS. JR.
JOSEPH J. HUTTON
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THOMAS AND HUTTON ENGINEERING CO.
20 HAY STREET. EAST
SAVANNAH. GEORGIA 31402
December 17, 1974
City of Savannah Beach
Post Office Box 128
Savannah Beach, Georgia 31328
Gentlemen:
P. O. Box 8042
W. G. FOSTER
F. V. GEORGE. JR.
W. C. POWERS
P. W. RAMEE•
Bids were received at 10: 30 a.m. December 17, 1974 at City Hall for the
construction of sanitary sewers in Lewis Avenue. The following bids were received:
1. Aultman Contracting Company $ 55, 728.97
2. Collins Plumbing Company 56,387.30
3. Eastern Construction Company 56, 520.55
4. Beckworth Construction Company 57,676. 55
5. M.C. Anderson Company 60,381.25
6. Shuman Construction Company 67,902. 05
7. Charles F. Smith & Son 70,470. 50
8. Porter Trucking Company 77, 799.00
9. Gray Gull Construction Company 88,625. 00
We have checked the bids received and recommend that the work be awarded
to the low bidder Aultman Contracting Company in the amount of $55, 728.97.
Enclosed is a copy of the Abstract of Bids received and a copy of the Aultman
Contracting Company's Proposal.
JJH /kh
Enclosure
Very truly yours,
THOMAS & HUTTON ENGINEERING CO.
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R E S O L U T I O N
WHEREAS, SAVANNAH BEACH, TYBEE ISLAND, GEORGIA has
accepted a State Grant, 74- WPC -4, of $250,000.00 to assist
with the rehabilitation of the City's Sanitary Sewer System;
and
WHEREAS, the sewer system located in Lewis Avenue
was not specifically listed in this Grant contract; and,
WHEREAS, bids for the replacement of the sewer system
located in Lewis Avenue were received on December 17, 1974,
and the preferable bidder was determined to be Collins Plumbing
Company whose bid was $56,387.30.
NOW, THEREFORE, BE IT RESOLVED that the CITY OF SAVANNAH
BEACH, TYBEE ISLAND, GEORGIA, in Council duly assembled does
hereby award the work to Collins Plumbing Company in the
amount of $56,387.30.
BE IT FURTHER RESOLVED that the City Council duly
assembled authorizes the Mayor of Savannah Beach, Tybee Island,
Georgia to request the State to amend the grant contract to
include the replacement of the sewerage system located in
Lewis Avenue in Grant 74- WPC -4.
ADOPTED IN OPEN COUNCIL this 27th day of DECEMBER ,
1974
ATTEST:
CITY OF SAVANNAH BEACH, TYBEE ISLAND, GA
By:
E. M. Patterson, City Clerk