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.
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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.
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February 8, 1990
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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.
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February 8, 1990
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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.
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February 8, 1990
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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.
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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
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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
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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
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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
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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:
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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.