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HomeMy Public PortalAbout19750616CCMeeting1 1 11 Savannah Beach, Georgia June 16, 1975 The Regular Monthly Meeting of Savannah Beach City Council was held this evening at 7:00 P.M. with Mayor Michael J. Counihan presiding and a quorum consisting of the following Councilmen present: Ernest Hosti, John Wylly, Richard DeLoach, Joseph Agnew, James Bond. Councilman Edward Fahey was absent from the meeting. Also present at the meeting was City Attorney William H. Pinson, Jr. Prior to opening the meeting, Mayor Counihan announced a change in the procedure for petitioners appearing before Council. He stated that anyone desiring to appear before Council would do so prior to the meeting being opened for the regular business to be handled. The first petitioner to request time at this evenings meeting was Mr. Nick C. Alexander. Mr. Alexander's complaint to Council was to request the City to provide more parking space in the front for the visitors, which was inadequate at the present time. He suggested that the front section of the City owned property be utilized for this purpose. Also, that this same property be cut up into parcels and sold to individuals. He said he would be interested in purchasing a part of it himself. Mr. Alexander also added that if the City was to sell all of this land without releasing enough land to join the two parking lots and fifteen years from now they decided to buy enough of it back for this purpose, it would cost them a fortune. Councilman Wylly answered this by stating that, in his opinion, the highest and best use of this ocean front property was not "parking automobiles ". He stated that he felt this land should be developed and cars parked somewhere farther back. Mr. Alexander closed by stating that he hoped Council would give some consideration to his proposal. Mrs. Julian Kelly appeared before Council to complain about parking meters, yellow lines and the speed limits on Butler Avenue. Mayor Counihan stated that he would get back with Mr. McKenzie of the State Highway Department in Jesup on the Butler Avenue speed limits and referred Mrs. Kelly to Councilman Fahey regarding the yellow lines and parking meters. Mr. Bob Williams appeared before Council with a petition which he stated contained 235 names, requesting a public hearing on the budget recently adopted by City Council°. He then read the following: "We the undersigned, being residents and taxpayers of Savannah Beach, Tybee Island, 'Georgia, demand that the Mayor and Aldermen grant a full and . detailed public hearing for an explanation of the 1975 -76 City Budget ". 12 -2- Mr. Williams continued stating that he had gotten 235 names on this petition which he stated should show sufficient interest by the people of Savannah Beach and that the Mayor and Council will provide this public hearing. Councilman Joseph Agnew reiterated a statement made at the May Council Meeting stating that he would be willing to meet with this group anytime and explain the budget to them. Mr. Williams stated that they did not feel that Mr. Agnew could answer all of their questions and they would like to discuss this budget at a public meeting with all Councilmen present. There was no further response from Council on this matter. 1 Mr. Williams stated that he had another matter to bring to the attention of Council. He then read a petition which he stated was signed by Robert A. Wall, T. S. Chu, Ted Voight, William Reynolds and Robert Williams in which petition it was requested that an Ordinance enacted on April 28, 1975, providing for a special tax for the collection and disposal of garbage be repealed due to the fact that the charter authority used for the enactment of this Ordinance called for a special tax or an increase in the millage rate up to 10 mills based on the real property assessment; whereas, the Ordinance as presently written, places a charge on residences and certain types of businesses. In his petition, Mr. Williams listed other reasons for requesting the repeal of this Ordinance such as the inequities in the different charges for various businesses, the manner of billing, enforcements, etc. When questioned about the legality of the manner in which this garbage charge was imposed, City Attorney Pinson stated that this feature of the Ordinance had already been discussed with Council and that their aim was to give the taxpayer the advantage, of a tax deduction.. He agreed that it would be better from a legal standpoint to amend the Ordinance and refer to Section 66 (gg) of the Charter; After a further discussion on this, the Clerk was requested to read a letter written to the Mayor and Council by the City Attorney giving them his opinions on the various objections raised by Mr. Williams. The letter was as follows: Dear Mayor and Council: It has come to my attention that there is at the present time a very great possibility that a group of local citizens will attempt through legal action to have our recently enacted garbage tax stricken. I have conferred with each of you concerning this matter and I simply wish once again to confirm what I have previously told you orally..'. The ordinance as enacted was enacted pursuant to section 39 of the Charter which allows the City to assess a tax for the collection and disposal of garbage not to exceed a total of a maximum of ten mils and further provided that the amounts collected shall be applied exclusively to the collection and disposal of garbage within the City Limits. When we prepared 1 1 -3- 13 this ordinance, it was done for the purpose of hopefully granting to those who would have to pay this tax, a tax benefit on the Internal Revenue Tax forms. In other words, unless the IRS disallows this tax, those who are responsible for paying it should be able to deduct it on their federal returns. However, it does present problems of a legal nature dealing with unequal taxation. Our ordinance does tax various establishments at different rates and therefore it is subject to attack as an unequal tax. I am hopeful that we will be able to show a legitimate purpose for this taxation. However, I do feel it important to point out that at any rate, the City does have the power to assess a charge, if not a tax, for the collection of garbage. Specific authorization for this' also comes from the Charter, section 66 (gg) which provides that charges can be imposed by the city to cover the cost of the services for the collection and disposal of garbage which if unpaid shall constitute a lien against any property of the person served. From a legal standpoint, it would be much easier to defend an ordinance which provides for a charge rather than a tax and it would be easier to defend an ordinance enacted pursuant to section 66 rather than section 39. However, I do understand your reasons for wanting the ordinance as we have adopted it and if we are forced to, I will be prepared to defend the ordinance. In closing, it appears to me that the City can legally assess for the collection of garbage. If some citizens are successful in striking the ordinance as it now exist, City Council can simply enact a new ordinance pursuant to section 66 and therefore, the only effect of any legal action by the citizens would be to negate any tax advantage they may have through the ordinance as it now stands. Following the reading of this letter, Mr. Williams then stated that it was clear that an error had been made in the enact- ment of this Ordinance and that it was a challenge to him to see what kind of people we had in our governing body - to see if Council would admit that a mistake had been made and go ahead and change the Ordinance so that it would be legally correct. Miss Barbara Hoffman appeared before Council to request them to ask the State Department of Natural Resources to impose a 1000 yard limitation on shrimp boats and other motor boats in the public bathing area. Mayor Counihan then introduced Mr. Mike Cornett of the U. S. Department Of Agriculture, Soil Conservation Service who was heading a study being made at the present time in an effort to determine what steps can be taken to give relief to the residents at the ends of the cross streets in the area of the sea wall who were suffering from flooding and water damage following very hard rains without disturbing the sand dunes. 14 -4- "Mr. Cornett stated that at this stage they have come out and done some preliminary survey work on the end of the roads to see how much difference there is in elevation between the low spot on the back side of the dune and the beach level and then of course taking the dune in the middle to see how much build up there is. They are at this point stopped for one reason, which is to find out how much sand is to be added by the Corps of Engineers. He feels there are two (2) real alternatives which are as follows: 1. Put in some type of drainage culvert through the dune to the beach to drain that way. 2. Start at the low end and put in some type of a storm drain system that would drain back to Butler Ave. and tie in with the system we already have. As soon as they get the information from the Corps on the amount of sand they will be adding, they will know which course of action to take. Mike then stated that he agreed that we need to relieve the land owners of this emergency problem. He suggested that the City look at the problem and if there are, for example, two or three houses with the flooding problem in one area, then, instead of knocking two or three holes in the wall for drainage the City should pick the lowest point of the three and go through there and let them all drain at one place. He said to pick the spot with the least amount of sand build up and not to choose a spot so low that the tide would come back through. When asked what he thought about the suggestion of using an 8" pvc pipe which would drain in to some gravel rock, he wasn't quite sure. He stated he didn't really know but it might work." Mayor Counihan then called on Mr. Gene Gavin who had a problem he wished to present to Council. Mr. Gavin stated that he was appearing on behalf of the Savannah Beach Post of the American Legion. He stated that he wished to thank the Mayor and Council for all the help they had given during the past years. Mr. Gavin informed Council that during the last fiscal year the City reimbursed the American Legion for 2/3 of their expenditures for gas and electricity.. He then stated that he was requesting the present administration to do likewise Mr. Gavin stated that the total expenditure was $571.39, two - thirds of which was,$380.92, the amount they would like the City to pay. He added that this covered the period of September through May only. Council took no action on this request at this time. Mayor Counihan then opened the meeting for the transaction of business legally presented. The minutes of a Special Council Meeting held on May 9 and the Regular Monthly Meeting held on May 19th were approved as written. 1 1 -5- Bills of the various departments for the month of May were approved for payment. ACCOUNTS PAYABLE - MONTH OF MAY 15 Councilman John Wylly stated that about a month or two ago, the whole Council as a committee made a study of the present traffic flow on Sixteenth Street due to a petition presented to Council at that time asking that the pattern be changed back to the way it formerly flowed, or one -way flowing from Butler Avenue towards the ocean (west to east). Councilman Wylly stated that after a careful study of this situation, it was the opinon and recommendation of Council that this traffic flow remain unchanged, as it is at the present time. He then put this recommendation in the form of a motion. It was seconded by Councilman DeLoach and unanimously carried. Councilman Joe Agnew stated that under our present set up our bills or accounts payable cannot be paid until they are approved by Council at its regular meeting and sometimes, he stated, this comes kind of late in the month when the meetings are held on the third Monday, thereby bringing about some unhappiness on the part of some of our vendors. Councilman Agnew stated further that in order to get our obligations taken care of a little earlier he would like to change the regular meeting night from the third Monday of the month to the second Monday of the month and proposed the following Ordinance: ORDINANCE After reading this Ordinance, Councilman Agnew moved its adoption. This motion was seconded by Councilman Wylly and unanimously carried. Mayor Counihan announced that we had received a request from Mr. Alvah "Casey" Jones for the transfer of an alcoholic beverage license from Mr. James Moye, the business being located at Campbell Avenue and First street. In the absence of Mr. Fahey, Chairman of the Police Committee, this request was handled by Councilman James Bond, a member of the Police Committee. Councilman Bond stated that since a favorable recommendation had been received from the Police Department on this applicant, he moved that this license transfer be made upon payment of the $25.00 transfer fee. This motion was seconded by Councilman Wylly and unanimously carried. Councilman Wylly informed Council that the City was in need of some land owned by Mr. Mitchell which was adjacent to our new sewage treatment plant. Mr. Wylly stated that Mr. Dunn had been very cooperative in this matter and had agreed to swap eighty (80) feet of his land for sixty (60) feet of City owned land which was adjacent to some other land owned by Mr. Dunn and that since such land was not needed by the City he moved that this offer of Mr. Dunn be accepted and so moved. Councilman Bond seconded the motion and it was unanimously carried. f 16 -6- Mayor Counihan informed Council that a request had been made to the Savannah Beach Planning Commission by Sanders Construction Company to subdivide Beach Lot 83, Ward 4, in Savannah Beach and Beach Lot 72, Ward 3, Savannah Beach. He then asked the Clerk to read the recommendations of the Savannah Beach Planning Commission on this request. The Clerk then read the following: Gentlemen: The Savannah Beach Planning Commission would like to present to the Savannah Beach City Council two proposed subdivisions. The first one is for the Eastern Portion of Beach Lot 83, Ward 4, The second one is for a resubdivision of Beach Lot 72, Ward 3, The developer of both of these two proposed subdivision is Sanders Construction Company, Inc. Enclosed also are two plats showing the proposed subdivisions. It is hoped that a recommendation on these two subdivisions could be made at the next Meeting of Council on May 19, 1975. Following the reading of the recommendations from the Savannah Beach Planning Commission, Councilman Agnew moved that these recommendations be accepted and that Council grant permission to Sanders Construction Company to subdivide these lots. This motion was seconded by Councilman Hosti and unanimously carried. Councilman Bond, a member of the Police Committee stated that an application for an alcoholic beverage license had been received from a Mrs. Billie K. King to operate a business at the location on Sixteenth Street known as the Novelty Bar and he wished_ to move that this license be granted subject to receipt of a favorable recommendation from the Police Department. This motion was seconded by Councilman Deloach'and unanimously carried. Council then took up the matter of the request by the American Legion Post for the City to reimburse them for two - thirds of the sum spent by them for gas and electricity from September, 1974, to May, 1975 which amounted to $380.92. Councilman stated that, due to the fact we had gotten great use out of this building he would move that we contribute $380.92 to the Savannah Beach Post of the American Legion towards the amount spent by them for gas and electricity. This motion was seconded by Councilman Wylly and unanimously carried. 1 -7- 17 There being no further business the meeting was adjourned to the next regular or specila called meeting. Clerk of Council Mayor 18 1 1 1 1 RECREATION, LIBRARY, PARKS £.MUSEUM DEPARTMENT JOHN C. WYLLY, JR. COUNCILMAN BILLS TO BE PAID FOR THE MONTH OF MAY, 1975 COMPANY AMOUNT K -MART 78.88 SOUTHERN BELL TEL & TEL CO. 20.00 SAVANNAH ELECTRIC & POWER 41.64 SOUTHERN BELL TEL & TEL 16.92 SAVANNAH ELECTRIC & POWER 95.00 MCKENNA SUPPLY. CO. 25.20 GLAXY CERAMICS 101.12 MARINE RESCUE PRODUCTS 317.50 MCKENNA SUPPLY CO. 50.20 DIXON & SHEEHAN 98.00 T. S. CHU 2.69 T. S. CHU 1.98 MR. NORTH - ANTUQUE GUNS 240.00 (-` :' p p R O E D OUNCILMAN 1L. I 9 /PATE 1 1 1 DPW & SANITATION ERNEST C. HOSTI BILLS TO BE PAID. FOR THE MONTH OF COMPANY DEPARTMENT COUNCILMAN MAY, 1975 DPW TYBEE GARAGE SAVANNAH ELECTRIC & POWER NEAL -BLUN CO.. MCKENNA SUPPLY CO. JAMES M. CARGILL CO. SOUTHERN BELL TEL & TEL WELDING SERVICE CO. PAPER CHEMICAL SUPPLY CO. THE PAINT CENTER MAYS' EZ MO LAWN EQUIPMENT DOLLAR DISTRUBUTING CO. BEARINGS & DRIVES OF SAVANNAH, INC. SAVANNAH TIRE & RUBBER CO. STANDARD OIL CO. E Z AUTO PARTS DIXON & SHEEHAN T. S. CHU , ' ` 1101 ff,.+ SANITATION E Z AUTO PARTS STANDARD OIL CO. TYBEE MARKET POWER HYDRAULICS, INC. MORRISION SERVICE CO. DIXON SHEEHAN REVENUE SHARING FUNDS H & H EQUIPMENT CO. ?PROVED J 6.11-1-6,04e.%1,44141 COUNCILMAN ()A6 DATE AMOUNT 143.75 6/ .6.35 7.15 ✓ 29.03 6.00 t` 173:2.5 ./7-. 39.76 3.25 19.55 L' . 8.64 223.99 159.32 63.58.0"--,, 9 2751.50 a/ 24.07 6.04 107.65 8.27 75/ 53.78 r✓ 64.00•./ ? 2751.50 1 1 FIRE RICHARD T. DELOACH BILLS TO BE PAID FOR THE MONTH OF DEPARTMENT COUNCILMAN MAY 1975 COMPANY SOUTHLAND OIL CO. STANDARD OIL CO. SOUTHERN BELL TEL & TEL SAVANNAH ELECTRIC & POWER WARD LAFRANCE TRUCK CORP. SAVANNAH COMMUNICATIONS AND ELECTRONICS GENERAL ELECTRIC SUPPLY CO. DIXON & SHEEHAN T. S. CHU oem,L4_,L. LA-4d ihArs°,42A.044seac. `.APPROVED + v COUNCILMAN 77--/ _.- DATE AMOUNT. 18.65 4.31 40.15 63.85 35.78 40.00 41.82 821.00 7.26 1 1 GENERAL GOVERNMENT & FINANCE DEPARTMENT JOSEPH M. AGNEW COUNCILMAN BILLS TO BE PAID FOR THE MONTH OF MAY, 1975 COMPANY STANDARD OIL CO. SOUTHERN BELL TEL & TEL SAVANNAH ELEC. & POWER REVIEW OFFICE PRODUCTS COLEMAN OFFICE OUTFITTERS CHU'S 7 -11 MART JAMES M. CARGILL CO. XEROX SAVANNAH GAS CO. SAVANNAH MORNING NEWS (BEACH EROSION) SAVANNAH MORNING NEWS (G.G. LEGAL) INNENKEN'S FLORAL CENTER HERB ELECTRIC CO., INC. EAGLE EXTERMINATING CO. DESOTO BEACH MOTEL GATCH FLORIST ALEXANDER GROCERY CO. DIXON & SHEEHAN AMOUNT 17.22 59.57 127.71 13.20 17.83 .89 183.39 240.00. 6.46 8.75 114.00 30.00 76.80 . 12.00 11.40 15.45 100.96 5205.00 TOTAL $6,240.63 1 1 POLICE & PARKING METER EDWARD J. FAHEY BILLS TO BE PAID FOR THE MONTH OF. DEPARTMENT COUNCILMAN MAY, 1975 COMPANY SOUTHLAND OIL CO. SOUTHERN BELL TEL & TEL SAVANNAH ELECTRIC & POWER TYBEE 66 - OLD BILL JUST RECEIVED EAGLE EXTERMINATING CO. BARRETT OIL CO. A. C. COMMERCIAL REFRIGERATION REVIEW OFFICE PRODUCTS FRANK PARIS RESTURANT KENNICKELL HERB ELECTRIC CO., INC. TRIAN PHOTO SAVANNAH GAS CO. CHATHAM COUNTY -USAGE OF T.C. 500 ANNUAL CHARGE FRANK'S UNIFORMS CHU'S 7 -11 MART JAMES'M. CARGILL CO. JOHN 0. YOUMANS' DIXON & SHEEHAN T. S. CHU BOB MADDOX CHRYSLER - PLYMOUTH NATIONAL LINEN''(FIRST:AID'SUPPLY) IBM CORP. - TYPEWRITER - REVENUE SHARING PARKING METERS - SEE PAGE 2 P p V D ICOUNCILMAN DATE AMOUNT 609.51 148.38 219.96 4.40 6.25 27.00 73.25 16.50 31.56 17.35 98.00 8.00 8.41 1100.00 88.35 4.02 32.09 108.00 2926.00 12.34 4125.00 12.00 1 1 1 PARKING METERS - PAGE 2 DEPARTMENT a EDWARD J. FAHEY COUNCILMAN BILLS TO BE PAID FOR THE MONTH OF MAY, 1975 COMPANY STANDARD OIL SAVANNAH TIRE & RUBBER CO. SOUTHERN BELL TEL & TEL JACK RICKS GLASS CO. NEAL -BLUN CO. T. H. GUERRY LUMBER CO. COLEMAN OFFICE OUTFITTERS, INC. FRANK'S UNIFORMS JAMES M. CARGILL CO. SOUTHLAND OIL CO. THE STAMP & STENCIL CO. ROCKWELL MANUFACTURING. CO. BRADLEY LOCK & KEY SHOP AUTO ELECTRIC OF SAVANNAH DIXON & SHEEHAN T. S. CHU A. C. COMMERCIAL REFRIGERATION APP R OVED COUNCILMAN DATE 70/ AMOUNT TOTAL 34.45 146.59 23.30 3.24 28.75 46.62 6.91 35.80 12.55 11.08 3.33 89.67 5.80 8.35 554.00 1.50 52.75 $1,064.69 1 1 WATER /SEWER DEPARTMENT JAMES S. BOND, III COUNCILMAN BILLS TO BE PAID FOR THE MONTH OF MAY, 1975 COMPANY STANDARD OIL CO. TYBEE GARAGE SOUTHERN BELL TEL & TEL SAVANNAH ELECTRIC & POWER T. H. GUERRY LUMBER CO. SOUTHLAND OIL CO. SAVANNAH GAS CO. SKIDAWAY HARDWARE CO. SAVANNAH IRON & FENCE CORP. VWR SCIENTIFIC SEMMES HARDWARE CO. JOHN E..MCCAUSLAND CO. RENT -A -TOOL CO., INC TYBEE 66 PAPER CHEMICAL SUPPLY CO. MORGANS, INC. MORRISON SERVICE CO. MERRITT AUTO SUPPLY CO. MAYS EZ MO LAWN EQUIPMENT MY -TANIK SEWER SERVICE LAKESIDE EQUIPMENT .CORR. GENERAL MEDICAL SAVANNAH GLOBE CHEMICAL COMPANY INC KARP MOTOR HACH CHEMICAL CO. COASTAL CHLORINATORS COMMERCIAL ELECTRIC CHAMPION MACHINE & MF DAVIS SUPPLY CO. DAVCO DIVISION JAMES BOND REIMBURSE W. J. BREMER, INC. BUTLER SUPPLYS BADGER METER, INC. ANSA- CALL, INC. DIXON & SHEEHAN T.S. CHU SERVICE., INC. G. SOUTHERN BELL AMOUNT 107.64 5.75 142.11 1515.20 '. _22.10 f 77.12V 3.23✓ 4.181 117.92., 99.34 � 46.38` 5707.80/ 80.00 / 122.15./ 111.69/ 22.95/ 28.73•" 9.20 39.50,1. 40.50• 21.10 t/ 34.60 25.00 / 16.731/ 386.25«` 261.00 /7 126.21 1693.03 8.76 V .60 1112..03. 46.68 V 6.40 4232.00•/ 34.92 •/ SEE PAGE 2 - W /S/ CONST. FD. .7 4" COUNCILMAN DATE 1 1 PAGE 2 WATER /SEWER JAMES S. BOND, III DEPARTMENT COUNCILMAN BILLS TO BE PAID FOR THE MONTH OF MAY, 1975 COMPANY WATER /SEWER CONSTRUCTION AMOUNT THOMAS & HUTTON -- RES. INSPECTOR 4 WEEKS THOMAS & HUTTON - -ENG. AND RELATED SERVICE REHAB OF PLANT 'P,ppR() ED COUNCILMAN DATE 1500.00 1219.39 TOTAL W/S CONST. FD A /PAYABLE $2,719.39 AN ORDINANCE AN ORDINANCE AMENDING SECTION 2.1 OF THE CODE OF THE ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, PERTAINING TO REGULAR MONTHLY MEETINGS OF THE GOVERNING BODY SO AS TO CHANGE THE DAY AND HOUR THEREOF, AND FOR OTHER PURPOSES. SECTION I. BE IT ORDAINED BY THE MAYOR AND COUNCILMEN of the City of Savannah Beach, Tybee Island, Georgia in regular monthly council duly assembled and it is hereby ordained by authority of the same that Section 2.1 of Chapter 2 of the Code of Ordinances of the City of Savannah Beach, Tybee Island, Georgia is stricken in its entirety and a new section is inserted in lieu thereof, which shall read as follows: "Section 2.1 Governing Body Meetings, day and hour." The hour for holding the regular meetings of the governing body is 7:00 P.M. Meetings shall be held on the second (2nd) Monday of each month. SECTION II. All ordinances and parts of ordinances in conflict herewith are hereby repealed. ENACTED in open Council this 16 day of June , 1975 . CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: ATTEST: (SEAL) First Reading: June 16, 1975 Second Reading: June 16, 1975 Enacted: June 16, 1975 MAYOR CITY CLERK