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HomeMy Public PortalAbout19900208CCMeetingTybee Island, Georgia February 8, 1990 The regular monthly meeting of the Tybee Island City Council was held on Thursday, February 8, 1990 beginning at 7:30 p.m. at Tybee City Hall. Mayor Charles J. Hosti presided and the following Councilmen were present: Paul Jackson, Jimmy Brown, Jeff Dukes, Pat Locklear, Jack Youmans and Bill Walsh. Mr. John Ranitz represented the City Attorney in his absence. Mayor Hosti announced that a public hearing will be held for a setback variance petition for #10 Tenth Street (Kooden) but first he'd like to welcome two visitors from Waste Management, Inc. who have offered to explain to the City Council the 50% increase in dumping fees by the City of Savannah which took place on January 1, 1990. The cost per ton has gone from $12 in 1989 to $18 in 1990. He said he and his attorneys have met with the City Manager, Sanitation Director and Finance Director of the City of Savannah and that the city has data to support their contention that they have been subsidizing the incinerator costs from the city's general fund. This subsidy was eliminated this year, and led to the sharp increase. The $18 per ton cost is still low compared to the national average for incineration which is about $30 per ton. There was mention that the EPA will probably require the city to install a scrubber to comply with the Clean Air Act but that this change probably won't be made for four or five years, and that costs should be stable during that time period. An increase in fuel costs could lower the dumping fees, since then the steam from incineration would become more expensive. After a few questions from the City Council, Mr. Ray Dingle and Ms. Pat Knight were thanked by Mayor Hosti, and the information accepted. Mayor Hosti then recognized visitors wishing to speak before Council. The first was Walter W. Parker. He asked if any decision on parking decals for legislators has been made. Mayor Hosti said that no giveaways have been approved other than for the volunteer firemen and Coast Guardsmen. Mr. Parker said that he received many favorable comments about the parking decals during the past four years, and that he'd like to see the matter reconsidered, at least for the Governor and state officials. 1 Tybee Island, Georgia February 8, 1990 Page Two Mr. Parker also asked about the pier /pavilion. Mayor Hosti replied that Councilman Jackson is heading up a committee that is at work on the project. Councilman Jackson reported that he has a committee, and that he has contacted someone to meet with the committee to discuss Ways & Means. Mr. Parker said he is sure that the matter is in good hands and that he personally feels the project should be pursued to enhance the business district so as to keep taxes lower for other citizens, who are close to being forced off the island by the increasing county assessments of property. He suggested that extension of the Corps and State permits be sought so as to give more time to bring the project to a successful conclusion. Mayor Hosti spoke about the parking decals, saying it's unfair to the people who pay ad valorem taxes up to $300 per car to give away decals. He said decals will be given to the volunteer firemen and to the Coast Guard. Fitz Simmons spoke about the two -year terms, saying the city will be caught by the mandatory uniform election law if we don't enact legislation soon to keep our two -year terms. Mayor Hosti agreed that he is in support of keeping the two -year terms. Mr. Simmons then said spoke about the Tybee Cable rates, saying they're $4.00 more than the national average. He asked Council to do something about bringing the rates in line. Georgia Water Resources requested a special permit for door -to -door solicitation. Mayor Hosti remarked that he was disappointed by the business because people did call him regarding the safety of our local water. He said he'd like to bring the permit request to a vote later in the meeting. John O'Neill spoke to say he had visited with the state legislators last week and that they were disappointed not to see Mayor Hosti at Mayors' Day. Mayor Hosti replied that he wanted to go, had enjoyed going in the past, but that the budget held $1,000. for travel and this didn't allow everyone to go. He praised the city workers for following through with the austerity budget, saying that no compensatory or overtime is being made. 1 Tybee Island, Georgia February 8, 1990 Page Three Mayor Hosti added that the budget is balanced but there isn't a penny for capital expenditures. He told the audience about the mandatory testing for pollutants now required for a state permit for the wastewater treatment plant, and that our permit is one of the first up for renewal since this new testing was implemented. The cost is anticipated to be between $2,000 and $4,000 and there is no state or federal funding for the purpose. He said he will be going to Atlanta shortly to talk with Commissioner Ledbetter about this to see if he can get a time extension or some monetary help. Councilman Youmans remarked that the City Council approved of his trip to Atlanta for Mayors' Day because he serves on two state committees, and that the city paid the $200 -$250 expenses for him. Phillip O'Dell spoke to introduce Rick Suggs who is requesting an alcoholic beverage license for the old Shrimp Net restaurant, saying it really isn't a new license since there was one at that location last season. He said a general upgrade is planned with more parking, a smaller bar and a larger dining area. Herb Greenblum spoke to the Council about the causeway leading into Tybee being full of trash, saying he knows it isn't in the City Limits, but wondering if the city could ask the responsible agency to spruce up before the summer visitors begin to arrive. Mayor Hosti said the county is responsible, and that he will get in touch with them about it. Mr. Kooden's public hearing for #10 Tenth Street was announced. Mr. Kooden was represented by his architect, Ray Bazemore. He said the date of the Planning Commission had been misunderstood, leading to no representation at the meeting, which led the Planning Commission to vote to deny the petition. He explained the variances requested which total 3. Councilman Youmans asked why the variances are needed, and Mr. Bazemore said that this is the only feasible way to get a stair into the attic - a circular stair, possibly could be used, but this would not allow furniture moving, etc. He knows of no other way to accomplish the renovation. There were no speakers for or against. Two Planning Commissioners spoke: Fitz Simmons and Mary McAfee, Mrs. McAfee for, and Mr. Simmons, against, the petitioner. Tybee Island, Georgia February 8, 1990 Page Four Jeff Dukes spoke to clarify that the issue will in due time come back again to the City Council since the petitioner has asked a postponement until after the next Planning Commission meeting. After opening the meeting, the Mayor called for a vote on the petitioner's request for postponement. Councilman Youmans moved to grant the request, Councilman Locklear seconded and the vote was unanimous in favor. Action on the petition will await reconsideration by the Planning Commission. Minutes for January llth and 30th were approved as written on motion of Councilman Jackson, seconded by Councilman Dukes. Councilman Brown asked if the bills could all be read and then one vote to approve them all at once would save considerable time. This was agreed by all, and the following bills were read into the record: Parking $ 1,404.10 Recreation $ 835.38 Lifeguards $ 22.91 Fire Dept. $ 1,314.02 1st Responder $ 56.93 Public Works $11,423.28 Sanitation $16,644.72 Police Dept. $ 8,142.84 *General Govt. $10,888.64 Water /Sewer $ 9,640.80 Councilman Walsh moved that the bills be accepted for payment, and Councilman Jackson seconded. The vote was unanimous in favor. Councilman Locklear reported that he, with Councilman Brown and the City Clerk looked into recreational parking with the following results: - -The emergency exit at 16th Street will be closed by a removable pole. -- Larger one -way arrows to be painted on 16th Street - - Standard parking; no two -hour parking on 16th Street - -No free decals for anyone working or owning businesses - -Park or drive thru allowed in Strand lots - - Handicapped parking: 10 or 12 spaces in center of lot, just north of parking office. - -Some extra parking to be added for post office patrons Mayor Hosti announced that free decals will go only to those people who bring in tag receipts showing that the ad valorem taxes for that vehicle are paid to Tybee. Mrs. Wilma McCusker asked for and received permission to speak, saying that it isn't fair to the merchants to allow someone to park free all day in front of a business, keeping customers from being able to park. Councilman Locklear said opinion on the two -hour parking for the business district was *Councilman Dukes is holding for negotiation a fuel bill of $997.48. 1 Tybee Island, Georgia February 8, 1990 Page Five divided. Councilman Youmans added that most of the merchants along 16th Street park one or more of their own cars in the area. Mayor Hosti said that he will meet with the merchants later and will listen to their ideas about the two -hour parking and other issues. Chief McCutchen suggested that there might be a time limit on decal parking only. It was the consensus of Council that this matter may be reconsidered later. Councilman Locklear announced two additional appointments to the Recreation Board, bringing the total size to 11 members. The new appointees are Jackie Schmidt and Bonnie Kraft. The Board is divided into three committees: Adult Recreation, Youth Recreation and Leisure Services. It meets on third Wednesdays at 7:30 p m at City Hall. The entire Council and the public are welcome to attend. Councilman Brown reported on the following alcoholic beverage license applications: 1) for Henry's, 1517 Butler Avenue, formerly the Port Royal, Henry Cox, owner /operator. He read the police report, recommending that the license be granted. The motion was seconded by Councilman Youmans and passed without dissenting vote. 2) Fourth Quarter, formerly the Shrimp Net, on U S 80, owner Mola Jung, manager Richard Suggs. He read the report, recommending acceptance, and his motion was seconded by Councilman Walsh. The motion passed by unanimous vote. Councilman Jackson reported on the sewer line collapse on U S 80, saying that the delay in the project was caused first by the necessity of a DOT permit to cut the highway, and now by the inavailability of the contractor who was low bidder, but that the work is planned to take place during February and that a grant is being sought to defray 504 of the cost which is estimated at $20,000. Councilman Dukes reported for the General Government Committee on three meetings with John Dudash of the Wage & Hour Section of the U S Dept. of Labor concerning the proper handling of overtime and compensatory time. The City's personnel policy was vague on compensatory time, leaving the matter to the departments and this led to uncertainty and confusion on the part of the employees. 1 1 Tybee Island, Georgia February 8, 1990 Page Six Councilman Dukes read an all - inclusive, government -wide policy statement on overtime and compensatory time and then moved its adoption. Councilman Jackson seconded. Councilman Youmans questioned whether the policy complies with the federal wage & hour laws and Councilman Dukes answered affirmatively. He stated that this covers hourly paid workers, not exempt employees. Chief McCutchen asked whether this policy includes anything on the comp time he has built up in his five years' service. Mayor Hosti said he would talk individually to those employees showing large amounts of comp time from the past, but that this policy is from this day forward, if passed. The vote was 5 - 1, with Councilman Youmans casting the dissenting vote, saying that if the ordinance were changed he'd vote for this policy. Councilman Dukes said that the policy does require one ordinance change and the suggested change (Code Section 2 -4 -14) was read by Mr. Ranitz. The vote, on motion of Councilman Jackson, seconded by Councilman Youmans, was unanimous. The second reading followed immediately, with Councilman Jackson moving for adoption, and Councilman Locklear seconding. The vote was again unanimous in favor. The ordinance was therefore adopted and becomes a part of these minutes. Councilman Jackson reported that he has a fishing pier committee formed, and that he has contacted one person to come talk to the committee about ways & means of financing the project. It was especially noted that the state and federal permits may need to be extended, and should not be allowed to lapse without a request for renewal. Councilman Locklear said he is working on a committee for property re- evaluation and a report will be forthcoming. Councilman Dukes reported that the committee for Tybee School has met with the attorney and that two of the members, Bob Dyer and Rose Thompson, have met with the Port Wentworth leaders to discuss their acquisition of school property. The next step will be to meet with Mr. Mahoney regarding the information brought back on the Port Wentworth school. Councilman Jackson introduced the need for a delinquent fee for past due water /sewer bills. Mr. Ranitz read the ordinance (Code Section 6 -1 -15) and the vote was unanimous in favor, on motion by Councilman Jackson, seconded by Councilman Walsh. 1 Tybee Island, Georgia February 8, 1990 Page Seven A second reading followed immediately with Councilman Jackson moving for approval and a second by Councilman Youmans. The vote was unanimous; the ordinance was adopted and becomes a part of these minutes. Councilman Brown explained the need for a slight change in the ordinance concerning court bondsmen [Code Section 9 -3- 53(1)] and moved its adoption on first reading. The motion passed without dissent after a second by Councilman Walsh. Mr. Ranitz read the ordinance for the second time. On motion by Councilman Jackson, seconded by Councilman Walsh, the motion passed unanimously and the ordinance was adopted, becoming a part of these minutes. Mayor Hosti spoke of the 1% sales tax for roads, saying that most municipal officials are dissatisfied with the county's plan to dole out funds to cities as they contract for paving. He said the local mayors believe the money was promised "up front" and are working toward having the promises fulfilled. He said Tybee needs to repave a section of Jones Avenue and 15th Street where we have had sewers to collapse, destroying the road beds. Bob Dyer spoke from the audience to say that Mr. McCorkle had promised the 1% money to the cities from the first available funds publicly on television. It was mentioned that our Commissioner, Frank Murray, currently supports the county's plan. Communications were read into the record as follows: 1) From Tybee Island Historical Society, dated 2/5/90, re liability insurance on Battery Brumby. 2) From GMA, dated 1/16/90, re GMA Bond Pool. 3) From James M. Poe, dated 1/25/90, thanking Mayor Hosti for his help with the Skaggs case, which the city won. 4) From Russ Abolt, dated 1/29/90, re jail agreement. The final plat for Salt Pines was approved for recording on a motion by Councilman Jackson, seconded by Councilman Youmans and unanimously passed. Councilman Youmans moved that the Planning Commission act on all the final plats now in their hands and pass on to Council. Councilman Jackson seconded and the vote was unanimous in favor of the motion. An ante litum notice from Bobby Clark, manager of the Steer & Shrimp Restaurant was read. Councilman Youmans moved it be denied, Councilman Brown seconded and the motion to deny was passed without dissent. Mr. Clark and his attorney will be so notified at once. Councilman Locklear explained a budget adjustment made necessary by 1 1 Tybee Island, Georgia February 8, 1990 Page Eight the need to order meter replacements prior to the summer season. The amount of the parts totals $9,129.00 which will be taken from the salary line item and be replaced at one of the quarterly adjustments after income from this source begins to come in. Councilman Dukes moved to allow the budget adjustment and the purchase, and Councilman Walsh seconded. The vote was unanimous in favor after some dis- cussion of the budget tightening. Councilman Youmans said he didn't want to see meter personnel knocked off in the middle of the summer if the salaries line item became depleted. Mayor Hosti said that the austerity budget has caused the city to make some cuts that we didn't want to make and he hopes income vs. expenditures will allow us to put back some of the needed items in March. Discussion continued until Councilman Jackson called the question and the vote was unanimous in favor of the motion. The Treasurer will be directed to make the budget adjustment and the meter replacements will be ordered. Councilman Brown spoke of the security systems, saying that he and Councilmen Locklear and Dukes have met with representatives from three different companies. He recommended a contract for maintenance only with Feel Safe Systems at $1,000. a year. The city would be responsible for buying parts and for the buying of a diverter at approximately $600.00. The savings, over last year's cost would be about $600.00. Councilman Dukes seconded the motion and the vote was unanimous in favor. Councilman Youmans brought up the question of the parking decals, saying he has been approached by Representative Roy Allen and others about decals for the coming summer. He moved that decals be issued to those elected officials who received them last year. Councilman Walsh seconded. Councilman Jackson said he has no problem with state representatives being given decals, but thinks the matter ought to go to the committee for a recommendation. Councilman Dukes said that if Mr. Allen or anyone else's vote can be bought for a free decal we ought to look at them closely before voting for them. He stated his opposition to giving any free decals at all. Councilman Locklear said he was a citizen of Tybee all his years in the military, but he had to pay the parking meters when he came home. Councilman Walsh said he believes it creates good will for the community all around the state to provide other elected officials with decals. Councilman Brown amended the motion to send the question to committee, saying that there is a time period of two months to decide and that he can see both sides of the question. Council- man Jackson seconded and the vote was 5 - 1 with Councilman Youmans casting the dissenting vote. The attorney recommended tabling the motion so that it will 1 1 1 Tybee Island, Georgia February 8, 1990 Page Nine automatically come up again next month. The Council agreed by consensus and the matter was tabled for a month. Mayor Hosti asked Councilmen Locklear, Walsh and Brown to come up with a recommendation before the next meeting. The question of a permit to go door -to -door by the Georgia Water Resources, Inc. was considered. A business license allowing sales and service of equipment has been purchased already, but the company would like to hang water sample bottles on doors of residences throughout the city. Councilman Dukes stated his opposition, saying we have to be very, very careful who we permit for door -to -door sales. He added that the printed material accompanying the sample bottles is to some degree deceptive. Councilman Walsh withdrew his motion to grant. Councilman Dukes then moved that the permit be denied. Councilman Youmans seconded. The vote was unanimous in favor of the motion and the permit was denied. The meeting was adjourned. YOR 1 1 1 Ordinance # 1990 - AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, DELETE SECTION 2 -4 -14 AND INSERT IN ITS PLACE, SECTION 2 -4 -14, TO READ AS FOLLOWS: BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION 2 -4 -14 BE DELETED IN ITS ENTIRETY AND THAT THE FOLLOWING SECTION BE NUMBERED AND TITLED THE SAME, BE INSERTED IT ITS STEAD: Section 2 -4 -14 Overtime and Compensatory time Overtime and compensatory time off shall be administered in full compliance with the Fair Labor Standards Act, and shall be set forth in a written policy approved by the Mayor and Council. ADOPTED THIS VC1" DAY OF 14..J.,AAJJ3J1-417 , 1990 1st Reading: February 8, 1990 2nd Reading: February 8, 1990 Enacted: February 8, 1990 Mayor Charl osti erk o' Council 1 Ordinance # i19 m - 4 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, SECTION 6 -1 -15, DELINQUENCY. Be it ordained, and it is hereby ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances, Title 6 Municipal Utilities, Chapter 1 Delinquency, Paragraph 15 (a) & (b) be deleted in their entirety, and a new paragraph to be numbered the same, be inserted in their stead, reading as follows: Section 6 -1 -15 Delinquency; Cutting Fees. (a) Bills for water service shall be rendered bimonthly and shall be due and payable in the Treasurer's office in city hall no later than the 20th day after the date of billing. These bills shall set forth a separate charge for water service and for sewer service and the total thereof. The total charge must be paid. No discounts for prompt payment are allowed, but a fee of $10.00 for delinquency shall be assessed on all bills not paid by the 20th day after billing. (b) When any service is discontinued due to delinquency, it shall not be restored to the delinquent customer until the delinquent bill is paid in full, including a service charge totaling Ten Dollars ($10.00) of which Five Dollars ($5.00) shall be considered for water and the same amount for sewer reconnec- tion. 1st Reading: Adopted this ge4— day of 1990. 2nd Reading: 1 1 1 Ordinance # q ck ! 5" AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, DELETE SECTION 9 -3 -53 (1) AND INSERT IN ITS PLACE SECTION 9 -3 -53 (1) TO READ AS FOLLOWS: BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION 9 -3 -53 (1) BE DELETED IN ITS ENTIRETY AND THAT THE FOLLOWING SECTION BE NUMBERED AND TITLED THE SAME, BE INSERTED IN ITS STEAD: Section 9 -3 -53 (1) (1) A description of all real property in Chatham County, Georgia, owned in fee simple by any applicant, showing the fair market value of each parcel. Whenever these statements of fair market value indicate that the county tax assessments on that property are disproportionately low, it shall be the duty of the city tax assessor to increase any assessment proportionately. ADOPTED THIS g'IL DAY OF 1st Reading: 2 - S v qb 2nd Reading: 2. -g_cio Enacted: , 1990. OR CHARLES J. TI ROWENA B. FRIPP CITY ADMINISTRATOR PATRICIA B. PAGAN on, TREASURER THOMAS J. MAHONEY, JR. CITY ATTORNEY CITY OF TYBEE ISLAND 401 Butler Avenue P.O. Box 128 TYBEE ISLAND, GA. 31328 (912) 786 -4573 January 24, 1990 TO: Mayor Hosti Councilman Dukes CC: Finance Committee, W/S Committee RE: Reimbursement to W/S Fund from Dune Stabilization Grant The following unreimbursed costs have been identified: Labor /Equipment Water Usage *(17 MG @ $1.07 per G) $ 4,906.55 $17,120.00 MAYOR C.J. "GEORGE" HOSTI CITY COUNCIL Jimmy Brown Jeff Dukes Paul Jackson James Pat Locklear Bill Walsh Jack Youmans TOTAL $22,026.55 DUE TO WATER /SEWER *Actual cost of pumping water; no sewer charges.