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Tybee Island, Georgia
September 10, 1987
The Tybee Island City Council held its regular monthly meeting
on Thursday, September 10, 1987 at 7:30 p.m. at Tybee City Auditorium. Mayor
Walter W. Parker presided and the following members of Council were present:
Chris Solomon, Kilma McCutchen, Bill Walsh, Phil O'Dell, Jean Davis and
Paul Jackson.
The meeting began with a Public Hearing. Charles Moseley,
the petitioner, on behalf of his mother, Mrs. Evelyn Carter, requested a
simple subdivision of a tract on the corner of Bay & McKenzie Streets. The
Tybee Island Planning Commission recommended favorably as the parcel is
the only one in that block not divided into smaller lots prior to 1972.
Mr. Fitz Simmons spoke, saying he believed the reason for subdivision might
be one of profit, not of family . needs as presented at the Planning Commission.
No one else in the audience spoke, either for or against. A report was
given on those who called or came by to ask about the subdivision; there
were several, but none filed an objection. John Cullum, sitting as City
Attorney, advised Council to look over the code section in front of them,
8 -4 -74, so as to be sure that their vote would reflect the proper consideration
of the Zoning Criteria. The public hearing was closed.
John Jarvis spoke about the pet ordinance, saying dogs
ought to be allowed to walk on the beach, at least in the winter and off -hours
in the summer. He said both Jekyll Island and Hilton Head allow dogs on
leashes.
John Hunter of Annie's Pizza was next to speak. He is
considering a substantial investment here and asked about the time table
for the construction of the fishing pier. Mayor Parker replied that the
work is 95% ready, and it should be about six months to start of construction
with completion within twelve months after that - hopefully even a little
less time than 18 months.
John Hunter then asked if the financing will be general
obligation bonds. Mayor Parker replied that feasibility studies are being
checked again, but that it is hoped the bond issue will be financed by revenue.
It may be necessary to earmark some of the hotel /motel tax funds for the
purpose.
Barbara Haynes and Doyle Fowler spoke of drainage problems
after the recent heavy rains. They complained especially about the Salt
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Tybee Island, Georgia
September 10, 1987
Page Two
Pines development, saying that the building inspector should never have
allowed the drainage ditch on that property to be covered up. Mrs. Haynes
says she feels very bitter about the new development since it is causing
taxes to go up, and hurting the people who are adjacent to it. Mayor Parker
promised that he and Bill Walsh and the others would try to get the problems
relieved as soon as possible. Councilmember Solomon said he believes the
city should act, that there are about 50 people involved and that the project
may prove to be expensive. It was stated that the city engineer is presently
working on estimates requested by Councilmember Walsh. Burt Barrett, Jr.
asked if the Salt Pines developers put in any drainage, and the answer was
negative.
Fitz Simmons spoke, saying there should be a straw poll
of the voters on the issue of two -or four -year terms. He also said that
our building inspector should watch building near dunes, that he has talked
to Fred Marland of DNR but that local inspection is responsible for seeing
that the permits are not exceeded.
There were complaints about other services of the city;
Mayor Parker thanked the people for watching city affairs closely and then
opened the meeting for business legally presented.
Councilmember Solomon moved approval of the Map Amendment
for the corner of McKenzie & Bay Streets (PIN # 4- 21- 15 -10). Councilmember
O'Dell seconded. Mayor Parker reminded everyone to consider the zoning
criteria in front of them. The parcel was located on the zoning map, and
it was noted that the block of lots of which it was a part had all been
subdivided prior to the ordinance, and were therefore grandfathered as lots
of record. That being the case, it was considered whether subdivision
to allow another single family house on the back portion of the property
would be in conformance with the immediate neighborhood, and therefore be
permissable without creating a spot -zone. The vote, after discussion of
this and other points, was six in favor, none against. The map amendment
to R -lb was approved.
Minutes of the August 13th meeting were approved as written.
Bills for the month of August were approved as follows:
Water /Sewer $32,780.81 Gen. Govt. $18,760.19
Police /Mtrs $12,413.49 DPW /Sanitation $27,893.42
Fire /lst Resp. $ 5,305.92 Recreation $ 5,521.66
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Tybee Island, Georgia
September 10, 1987
Page Three
Under Communications letters were read from the City Attorney
and from the Chatham County Elections Board concerning the upcoming municipal
election on November 3, 1987. The dates for qualifying and for registration
will end on October 5, 1987.
Mayor Parker stated that the City Administrator was to
have made a report on the Homestead Exemption plan. In his absence, this
report will be deferred until the October or
Mayor Parker also said that
are working diligently to find a way to keep
He reported that he and other city officials
NAACP officers and Senator Coleman recently,
them afterwards. The best possibility seems
November meeting.
the Optimist Club and others
Tybee School from closing.
had toured the school with
and had a good meeting with
to be the use of the school
facility as a "magnet" school for environmental studies.
The next subject was a flood variance petition for Captains'
Row Subdivision. It was stated by the attorney for the group that they
are not sure that this even needs to be filed since the city gave its approval
to the project long ago, and the property was filled to 14', which is the
MSL the city required at the time. They maintain they are in compliance,
but an abundance of caution led them to seek a second endorsement from the
city. Letters supporting this stand, including a letter signed by the City
Administrator, were quoted. Copies were supplied to the City Council. The
developer maintains that construction began when the land was prepared -
that storm drainage, water and sewer facilities, and similar improvements
including the remodeling of a structure thereon, constituted the beginning
of construction on the project, at a date which would bring them under the
NFIP Map of 9/5/75. It was noted that Code Section 8 -5 -4 defines "start
of construction" and that the section does not directly mention drainage.
John Cullum, Acting City Attorney, stated that he understands the argument
of the developer, but has a problem in that the definition does not specifically
include streets, etc. Logically, the city's attorney is afraid that the
work accomplished may not be enough to constitute "start of construction ".
It was brought out then that one structure, occupying three lots of the
subdivision, was begun in 60 days and that the improvements to that structure
and to the rest of the subdivision continued steadily and expenses were
incurred while operating under an approved set of plans.
Tybee Island, Georgia
September 10, 1987
Page Four
Mayor Parker suggested that the City Attorney, and John
Cullum, Acting Attorney tonight, and the developers' attorneys get together
and see if a solution can be worked out. John Cullum stated that FEMA must
be consulted, since a letter from Glenn Woodward of FEMA led to the filing
of the petition now before the Council for consideration. Mr. Cullum then
said that he is intrigued by the argument of the opposing Counsel and would
welcome the opportunity to work on the problem, since there may be room
for interpretation of the Code Section. James McCallar, attorney, and Ken
Bridwell, developer, agreed to try to prepare an affadavit to be submitted
to the city's attorneys who will then advise the City Council as to what
is the proper action for the city to take. The matter was postponed until
these things could be accomplished.
A Resolution allowing eligible employees to use the ICMA
Retirement Plan, rather than the JMERS Plan, was read. Councilmember Davis
moved its approval, Councilmember McCutchen seconded and the vote was 5
to 0. Councilmember Solomon abstained.
Mayor Parker proposed Rowena B. Fripp and Jacquelyn R.
Brown as Absentee Ballot Clerks for the upcoming election. Councilmembers
Davis and Walsh moved and seconded acceptance, and the vote was unanimous
in favor.
Mayor Parker announced that the last of the very successful
"I Remember Tybee" programs, "Memory Day" in Memorial Park will take place
Sunday, September 20th.
Johnny Solomon, Fire Chief, invited everyone to attend
the county -wide firemen's competition to be held in the park on October
3rd at 9:30 a.m. There will be a small parade.
Councilmember Davis announced that everyone has been studying
a proposed financial policy for several months, and moved its adoption in
its final form. Councilmember O'Dell seconded and the vote was unanimously
in favor.
Councilmember McCutchen reminded everyone that renovation
of the fire station building is underway, at least as far as working with
the architect on changes is concerned.
Tybee Island, Georgia
September 10, 1987
Page Five
The Tybee Jubilee weekend, September 12 & 13, was announced.
Also mentioned were the Cleanup Weekend on September 25/26 and Beautification
Weekend on October 10 /11.
The meeting was adjourned by common consent.
LERK OF COUNC L
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SUGGESTED RESOLUTION FOR A LEGISLATIVE BODY
TO ESTABLISH A DEFERRED COMPENSATION PLAN
RESOLUTION OF CITY OF TYBEE ISLAND, GEORGIA ( "Employer ").
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a deferred compensation plan for such employees will serve the interests of the
Employer by enabling it to provide reasonable retirement security for its employees, by providing increased
flexibility in its personnel management system. and by assisting in the attraction and retention of competent
personnel: and
WHEREAS, the Employer has determined that the establishment of a deferred compensation plan to be
administered by the ICMA Retirement Corporation will serve the above objectives, and
WHEREAS, the Employer desires that the investment of funds held under its deferred compensation plan be
administered by the ICMA Retirement Corporation, as Trustee, with the understanding that such funds will be
held by the ICMA Retirement Trust, a trust established by public employers for the purpose of representing the
interests of such employers with respect to the collective investment of funds held under their deferred
compensation plans:
NOW THEREFORE BE IT RESOLVED that the Employer adopts the deferred compensation plan, attached
hereto as Appendix A, and appoints the ICMA Retirement Corporation to serve as Administrator thereunder; and
BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto as
Appendix B; and
BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement, attached hereto as Appendix
C, and appoints the ICMA Retirement Corporation as Trustee thereunder, and directs the ICMA Retirement
Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA
Retirement Trust as soon as is practicable: and
BE IT FURTHER RESOLVED that the CITY ADMINISTRATOR (use title of official, not name)
shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA
Retirement Corporation as Administrator. and shall cast. on behalf of the Employer, any required votes under
the program. Administrative duties to carry out the plan may be assigned to the appropriate departments.
I Rowena B. Fripp , Clerk of the (City, County,
etc.) of Tybee Island. Georgia do hereby certify that the foregoing resolution, proposed by
(Council Member, Trustee, etc.) of Counci 1member Jean Davis was duly passed and
adopted in the (Council, Board, etc.) of the (City, County, etc.) of City of Tybee Island, GA
at a regular meeting thereof assembled this 10th day of September, 19 87 by the following vote:
AYES: Five (5)
NAYS: None (0)
ABSENT: None (0) - One (1) Abstention
(SEAL)
Clerk of the (City, County, etc.)
FINANCIAL POLICIES FOR CITY OF TYBEE ISLAND
BUDGET /EXPENTURES
1. All current expenditures will be met with current revenues.
2. Essential services will receive first priority for funding.
3. Budgetary procedures which balance current expentures at the expense of
future years' expenses will be avoided. (such as postponing expentures)
4. The City will maintain a budgetarty control system to ensure adherence to the
budget and will prepare regular reports comparing actual revenues and expentures
with the budget.
5. Annual license fees will be increased in accordance with the increase in
CONSUMER PRICE INDEX.
6. A - -Year capital improvement program will be prepared and updated annually.
7. An annual advertised auction will be held of surplus and obselete personal
property.
8. A physical inventory of all property (personal) will be conducted annually.
9. An annual audit will be performed and a management letter requested.
10.Debt will not be used for current expenses.
CAPITAL IMPROVEMENT
1. The City will develop a multi -year pland for capital improvements� update it annually
and make all capital improvements in accordance with the plan.
2. The City will maintain is physical assets at a level adequate to protect the City's
capital investment and to minizie future maintaince and replacement costs. The
budget will provide for the adequate maintenance and the orderly replacement of
capital plant and equipment from current revenue where possible
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3. Capital projects will conform to the following criteria:
a. will be part of an approved City plan;
b. will be part of and adopted maintenance /replacement plan;
c. will minimize operating costs;
d. will be selected according to the established Capital Improvement Program
allocation.
4.Every project will have a minimum of 3 bids. Bids will be kept in a permanent file.