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1993- 04 -08. City Council Minutes. Apr. /93
The Tybee Island City Council held its regular monthly meeting
on Thursday, April 8, 1993 at 7:30 P.M. at the City Hall. Mayor
Walter W. Parker presided with the following members of council
present: Christopher P. Solomon, Jack Youmans, James P. Locklear,
Ansley Williams, C. Burke Day, and Jimmy Brown. City Attorney
Edward Hughes was present to represent the city.
Councilman Day gave the invocation with Mayor Parker leading the
public in reciting the Pledge of Allegiance.
As there were no visitors to speak before council, Mayor Parker
opened the Public Hearing on a variance request for reduction of
lot side petitioned by Mr. Allen Hendrix. Attorney Delano Maurice
stated that he would help make the presentation to council on
behalf of Mr. Hendrix. Mr. Maurice said that these parcels have
been Lots of Record since 1946, and are recorded at the Chatham
County Courthouse. At this time he presented Mayor and Council with
a plat map showing lots 1 through 11, 12 through 22, lots
7,8,9,10,11 and 13 across the street. If combined into 18,000 sq.
ft. - then you can divide into 9,000 sq. ft lots, this is the
request for the variance. Mr. Maurice said that most of the lots on
Tybee are less than 12,000 sq. ft. and that the law does contain a
procedure in order to ask for relief. Councilman Locklear asked how
do you know they are lots of record? Mr. Maurice said he has
information from Chatham Courthouse. Councilman Locklear said to
multiply some of the lot areas. Mr. Hendrix stated that all lots
would be 9,000 plus sq. ft. and that some would be up to 11,000 sq.
ft. Mr. Maurice said that Mr. Hendrix would have to come back
before council with a subdivision plat. Councilman Day asked about
the proposed road going into the subdivision being 30 feet in
width. Mr. Hendrix answered yes, Dovewood will be the main street.
Councilman Williams questioned about ownership of road. Mr. Hendrix
said he has a 1957 deed for Dovewood from the city. Mr. Maurice
said that Tybeelight is a portion of what was formally Dovewood.
Councilman Day asked Hendirx if he assumed the city would pick this
street up after completed. Mr. Hendrix answered he would build,
gutter, drain and hoped the city would accept the street as public.
Councilman Day asked that all specs, including streets, drainage
and all things pertinent to this proposed subdivision be subjected
in its entirety to answer all the "ifs" raised by the public and
for Council's review. Councilman Locklear said that in the August
92 plans a Clubhouse and pool were included, and are they out of
the plan now? Mr. Hendrix answered yes. Mr. Maurice said that there
are 29 lots of record and after recombining there will be 28 lots.
Councilman Locklear asked about the Inert waste permit from DNR.
Mayor Parker stated that the city had applied and received the
permit. There was no one present to speak in favor. Planning
Commission Chairman Richard Frankenhauser said the board did not
have enough information so they tabled until they received a legal
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opinion from the city attorney. Mrs. Marion Dean said she was not
speaking for or against. If there is going to be a subdivision
please abide by all the laws and ordinances. Mrs Dean said that the
area has low water pressure, best police and fire departments in
the state. She stated that she would love to see a retirement
village. Michael Bernstein questioned drainage, how many houses,
streets, traffic stating he wanted answers to his questions because
he feels he was not protected by the city concerning the Brooks
property on Meddin Drive. Councilman Day said "Do not charge all
council, 2 people did not vote to approve the 5 Meddin drive
variance ". Jeanne Hutton said even if a different request, you
still must wait for a period of one year between petitions. She
stated that Mr. Hendrix was aware of the zoning when the land was
purchased in 1976. Subdivision ordinance require 60 feet
street /right -of way. Mr. Joe Hutton made the recommendation of
12,000 sq. ft. in 1971. If you allow this, the city will finally
compromise the future of Fort Screven.
James LaFavor spoke against, stating lots in that area are 12,000
to 30,000 sq.ft. He said that we do not need another Weatherwood,
EPA soil test needs to be made on this property. Dottie Kluttz said
the reason that more people are not here to protest is that it is
Holy Week. Are you voting on this petition tonight? Mayor Parker
replied a public hearing is to listen to all sides, he will ask the
City Attorney for his opinion. Mrs. Kluttz said please do not rush
this through, give no special attention. Mayor Parker closed the
Public Hearing. Mayor Parker asked the City Attorney for his
recommendation before we go further. Councilman Youmans said that
the meeting has not been opened. Attorney Hughes said there are a
number of questions about size of lots, drainage. In his legal
opinion these parcels are lots of record, and in order of obeying
zoning a major subdivision petition needs to come before the
Planning Commission. Councilman Day said if and when it comes
before council again that he will not vote unless all questions
have been answered. Councilman Youmans agrees. Mr. Hendrix said
that the engineering report for approval should answer the
questions.
Mayor Parker opened the Public Hearing on Code Section 8 -4 -32 (d)
Off Street Parking Commercial Zoning. Chairman of the P.C.
explained the changes recommended by the board. Mayor Parker said
that Mr. Frankenhauser and the Planning Commission worked
diligently getting this information from up and down the east
coast. Businesses on 16th Street will be grand- fathered. Mayor
Parker declared the Public Hearing closed as there was no one to
speak in favor or against.
Mayor Parker opened the meeting for business legally presented
to council. Councilman Locklear motioned to send Mr. Hendrix back
to Planning Commission. Councilman Day seconded. Councilman Youmans
asked what recommendation are we sending back to Planning
Commission? Mayor Parker answered request for a major subdivision.
Councilman Youmans asked not the 9,000 sq. ft. petition. Attorney
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Hughes recommended subdivision to Planning Commission with
reduction in lot area, start all over. Vote by council unanimous.
Attorney Hughes read Code Section 8 -4 -32 (D) Off Street Parking
Commercial. Councilman Youmans moved to accept ordinance for first
reading. Councilman Solomon seconded. Vote by council unanimous.
Second reading will be at the May meeting.
Minutes of the March meeting stand approved as read.
Bills for the month of March
General Government 45,343.53
Police 47,182.30
Fire 8,467.29
Recreation 2,781.89
Lifeguards 28.91
Parking Service 3,902.26
Water 17,078.34
Sewer 47,606.59 hearing no objection they stand
approved as read.
Councilman Locklear made a motion to grant SCAD a permit for
their Annual North Beach Party. Councilman Brown seconded.
Councilman Brown asked about the beach renourishment times. Mayor
Parker said the project can be started no earlier than April 21st
and no later than May 21st, but that Scad usually has only a few
students. Scad will move location if need be. Councilman Williams
said no waiver on the $200.00 fee. Vote by council was unanimous.
Councilman Williams said there has been a great deal of
discussion on Orange Crush. When will we consider their request?
Mayor Parker replied that when we receive the proper paper work.
Councilman Youmans said he was under the understanding that a
letter had been sent telling them the city would not grant a permit
for the May 15th event.
A request from Hunter Army Airfield 1/75 RGR BN HHC Co,. North
Beach party on May 29 will be discussed at the May meeting.
Councilman Locklear moved to purchase a 25 ton, 4 wheel drive
vehicle with flatbed from D.O.A.S. to be use in the event of any
type of evacuation in the amount of $2,200.00. Councilman Youmans
seconded. Vote by council unanimous. Councilman Solomon said that
the vehicle could be used to move the Smoke House that the Fire
Department uses for training.
Councilman Solomon moved for the city to lay about 2,200 feet of
a six inch line on Sixth and Miller because the water pressure is
so low. Councilman Youmans seconded. Councilman Day asked the cost
of this project. Mayor Parker said this could be part of the bond
issue. Councilman Solomon said if it is contracted out that it
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could around $42,000.00. Councilman Brown said that 2 fire hydrants
need to be added to the area. Councilman Youmans said that priority
is mixed up and that the money is in the bank. Councilman Locklear
said that we need to get the bond issue on the road. Vote by
council is unanimous.
Councilman Youmans said he has three bids to repair the portion
of the steel wall at the Waste Treatment Plant that blew down
during the big storm. Councilman Locklear moved to accept the bid
from I Am Construction in the amount $36,850.00. Councilman Youmans
seconded. Council vote was unanimous. Councilman Solomon questioned
why we were not insured. Councilman Youmans said the other portion
of the street wall also needs replacing as it is loose and that he
will be getting bids for this work in the near future. Mayor Parker
said that he has been to Waycross and Savannah for meetings with
FEMA and GEMA concerning the storm and that I. W. Harper will be
meeting with Rowena Fripp next week to go over cost figures.
Councilman Day asked if emergency money was available? Mayor Parker
answered yes, in some areas.
Mayor Parker said that the city is in the process of getting
funds for the crossovers with the help of Senator Tom Coleman.
A communication was read from Community Affairs concerning our
code changes to the zoning ordinances.
Councilman Solomon asked how we were coming along with the waste
reduction, where do we stand? Mayor Parker said that the intern is
working on this project. The Mayor will be getting some information
from Thunderbolt.
Councilman Youmans motioned to accept the Chatham County Jail
Agreement. Councilman Solomon seconded. The vote by council was
unanimous.
Mayor Parker appointed Rusty Fleetwood as chairman of the Tybee
Island Land Foundation.
A proclamation was read and accepted making April 23rd and 24th
as National Poppy Day.
Councilman Williams said that the council has passed over
$100,000.00 in expenditures tonight that were not in the budget and
he would like to have a report on these expenditures.
As there was no further business to come before council, Mayor
Parker adjourned the meeting.
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JAIL SERVICES
REIMBURSEMENT FEE
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1993, by and between Chatham County, a political
subdivision of th State of Georgia (hereinafter called the
"County ") , and the�tirti aCTySE V 5lan8. , a municipal corporation
chartered under the laws of the State.of Georgia (hereinafter
called the "Municipality ").
WITNESSETH: THAT WHEREAS, the Board of Commissioners and the
Sheriff of Chatham County are interested in the county -wide
promotion of the health, safety and welfare of all of its
inhabitants; and
WHEREAS, the Constitution of the State of Georgia of 1983 in
Article 9, Section 3, paragraph 1, Intergovernmental Contracts
provides that counties and municipalities of the State of Georgia
may contract with one another for the provision of services for any
period not exceeding fifty (50) years; and
WHEREAS, the County of Chatham and the Municipality desire to
enter into an agreement for the provision of jail (prisoner
detention) services for the purpose of housing and maintaining
certain prisoners; and
WHEREAS, the County of Chatham has certain required jail
facilities available for prisoner detention use by the
Municipality; and
WHEREAS, the Board of Commissioners and the Sheriff of Chatham
County are willing to make certain jail facilities available to the
Municipality based on a cost reimbursement formula that reasonably
approximates the prorated actual cost to the County to own and
operate said jail facilities and provide normal maintenance of said
prisoners of the Municipality; and
WHEREAS, the Board of Commissioners of Chatham County reviewed
this agreement and authorized the Chairman to sign'this document at
the meeting of the Board of Commissioners.
NOW, THEREFORE, in consideration of the mutual benefits
flowing from one party to the other, it is hereby agreed as
follows:
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1. SCOPE OF JAIL SERVICES PROVIDED BY THE COUNTY
a. Jail Facilities Available
Chatham County will make its jail facilities available to
the municipality for the housing of its prisoners. The
housing of prisoners shall be defined by the Chatham
County Sheriff or Jail Administrator to include, but not
be limited to, the provision of an appropriate physical
space within a jail facility and those necessary related
facilities and services such as public utilities, heat,
air conditioning, health facilities, recreational
facilities, etc., needed to support appropriately the
housing of prisoners.
b. Normal Prisoner Maintenance Services
The County will provide normal prisoner maintenance
services for all Municipality prisoners housed in the
County's jail facilities. Normal prisoner maintenance
services shall be defined as those ordinary and
relatively routine human needs common to all prisoners as
defined by the Chatham County Sheriff or Jail
Administrator. Generally, such normal maintenance
services shall include, but not be limited to, all
administrative type services required of the Sheriff's
Department for prisoners routine medical and dental
services, prisoner meals, prisoner recreation /library/
educational services, prisoner transportation, mug
photography, fingerprinting and other related
miscellaneous and incidental prisoner services provided
by the jail facility for prisoners housed in the Chatham
County Jail Facilities.
2. SCOPE OF SERVICES PROVIDED BY THE MUNICIPALITY
a. The Municipality shall deliver its prisoners to the
designated Chatham County Jail Facility for housing and
maintenance services. The Municipal officer delivering
the prisoner(s) shall notify the County officer of any
unusual or extraordinary health or medical problems
associated with the prisoner(s) at the time of transfer.
b. The Municipality agrees to pay to the County a
reimbursement fee for the County's cost for jail
services. The terms of said payments shall be set forth
below under Section 3, "Compensation and Financial
Administration."
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c. The Municipality shall provide necessary security for its
prisoners until such prisoners are accepted into the
Chatham County Detention Center.
3. COMPENSATION AND FINANCIAL ADMINISTRATION
A. Reimbursement Formula
The County shall invoice the Municipality, and the
Municipality shall pay, for jail services costs on a
monthly basis. The County shall itemize its jail
services costs based on a per diem prisoner operation fee
for each full prisoner day. The partial days of entry to
and departure from the jail shall be considered as one
full day. In those instances when a prisoner enters and
leaves the jail on the same day, the day shall be counted
as a full day for billing purposes.
(1) Full Prisoner Day. A full prisoner day shall be
the same as a full calendar day. All prisoner days
shall be counted as full prisoner days except those
days specifically designated a partial prisoner
days.
(2) Partial Prisoner Day. The day of entry to the jail
and the day of departure from the jail shall be
considered partial prisoner days. All other
prisoner days are considered full prisoner days.
Pre Diem Prisoner Operation Fee. The per diem
prisoner operation fee shall consist of a single
estimated daily fee that is based on the County's
total annual jail, facilities budget including
prisoner hospital costs calculated in accordance
with generally accepted accounting principles for
the facilities located at 1050 Carl Griffin Drive,
and 145 Montgomery Street, Savannah, Georgia plus
indirect costs which taken together approximates
the County's total annual cost to operate the jail
facility divided by the estimated daily average
prisoner capacity of the jail times 365 days (as
more graphically illustrated on Attachment A).
(4) Indirect Cost. Indirect costs shall be determined
by the County's late:Jt annual indirect cost
allocation plan which shh11 be prepared according
to OMB Circular A -87.
(3)
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(5) Amortization. An amortization fee equal to the
current year's debt service requirement for the
detention complex revenue bonds divided by the
estimated daily capacity of the jail times 365 days
will be included in the per diem fee.
B. Establishment of the Next Year's Jail Service Fee
The annual jail services fee will be based on the
approved annual County Budget for the Detention Center;
plus the previous year's indirect costs adjusted for
inflation by 10 %, plus any other cost items that are
mutually agreed upon by the parties to this agreement.
C. Payment Schedule
The jail service reimbursement fees due to Chatham County
for the previous month's prisoner days, and any
extraordinary medical services are due and payable to the
County fifteen (15) days after receipt of the County's
invoice. Invoices shall be prepared by the County
Finance Department from data provided by the Sheriff or
Jail Administrator.
D. Annual Settlement of Final Reimbursement Fees
Within six months (by July 1) of the end of the County's
fiscal year, the County Finance Director shall furnish
the Municipality with a final audited annual statement of
the reimbursement fees owed the County for the previous
year's jail services based on the formula stated in
Section 3.a and Attachment A and generally accepted
accounting principles. Any final adjusted payments or
refunds shall be due and payable within thirty (30) days
after receipt of the settlement statement.
E. County Project Manager
The County Finance Director or the Director's designee
shall serve as the County Project Manager for the purpose
of administering this agreement for the County.
F. Official Notices and Monthly Payments
Official notices, payment and correspondence to the
County shall be delivered in person or safely transmitted
to the County Finance Director, 124 Bull Street, Suite
350, Savannah, GA 31401.
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4. ACCOUNTABILITY
The County agrees, upon request, to furnish the
Municipality, or its agents, copies of appropriate
records pertaining to housing and maintenance of the
Municipality's prisoners in the County jail. The
Municipality shall have full access to all financial
records pertaining to the reimbursement fees charged the
Municipality for the housing and maintenance of
prisoners. The County Sheriff or Jail Administrator
shall maintain a record of each municipal prisoner which
shall include the duration of confinement.
5. RENEWAL PROVISIONS AND CHANGES TO THIS AGREEMENT
a. This Agreement shall be an annual Agreement which shall
automatically continue from year to year unless
terminated for causes or convenience or after a written
notice of not less than ninety (90) days before the
annual renewal date. In the event that an adjustment(s)
to this Agreement is desired by either party during the
annual renewal period, such adjustment shall be mutually
agreed upon and the Agreement revised or amended and
approved and signed by the appropriate authorities for
each party.
b. Changes to this Agreement may be initiated at any time
during the year (excluding the 90 day renewal period) by
either party by giving written notice of the desire to
amend the agreement and the nature of the proposed
change. The party wishing to initiate a change must
provide written notice of not less than thirty (30) days
prior to the proposed date of the amendment.
c. Either party may terminate this Agreement as a matter of
convenience at any time during the year after a written
notice of the proposed termination of not less than one
hundred eighty (180) days prior to the proposed
termination date.
The above constitutes the entire agreement between the parties.
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IN WITNESS WHEREOF the County and the Municipality have caused
this agreement to be duly enacted by their proper officers and so
attest with their corporate seals affixed hereto set forth in
duplicate originals.
ATTEST: BOARD OF COUNTY COMMISSIONER
OF CHATHAM COUNTY, GEORGIA
Sybil Tillman, Clerk Joseph E. Mahany
Chairman
APPROVED AS TO FORM AND LEGALITY:
Thomas J. Mahoney, Jr., County Attorney
ATTEST: °
BY: �t li �• V �1-► BY:
ame: I n� .1 f
Title: (2121.- anct L.
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Name: 1.61i }erw�(K2
Title: 11,b�101^
ATTACHMENT A
FORMULA TO CALCULATE A
TYPICAL MONTHLY INVOICE
FOR JAIL SERVICES
Formula to Determine County's Per Diem Rate
Jail Operating Budget + (Daily Average Capacity X 365) = per diem
prisoner operation fee
1992 Adopted Budget
Plus Indirect Cost (1992 + 10%)
$11,368,840
943,800
$12,312,640
Bed Days = 950 x 365 = 346,750
Cost per bed day $35.50
Amortization - 1993 Debt Service $ 2,866,570
Per bed day $8.27, Rounded to $8.25
Rate Based on Operating & Debt Retirement $43.75
Formula to Determine Number of Full Prisoner Days
To calculate the number of full prisoner days in any given month,
subtract the prisoner's date of entry from the date of release. If
a prisoner entered the jail on April 18th (18 -3 =15) the
municipality is charged for 15 full prisoner day. (1)
Application of Per Diem Rate to Typical Municipal Situation
If the monthly full prisoner days = 15, then multiply the 15 full
prisoner days x the per diem cost of $43.75 to arrive at a monthly
invoice for jail services of $656,.25 for that month.
(1) The day of entry and day of release are counted as one full
prisoner day. If the prisoner enters and is released from
jail the same day, it is counted as one full prisoner day.
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P R O C L A M A T I O N
WHEREAS, NATIONAL POPPY DAY has been set aside throughout
this country as a day in which all people can help
our disable American Veterans; and
WHEREAS, the Tybee Island American Legion, Post 154, and
the Tybee Auxiliary, traditionally takes this
opportunity to support disable American Veterans;
and
WHEREAS, All donations received from the sale of poppies go
directly to the aid of brave veterans and their
families;
NOW THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF
TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM FRIDAY AND SATURDAY,
APRIL 23RD and 24TH AS
"TYBEE ISLAND POPPY DAYS"
AND I DO FURTHER EXHORT ALL CITIZENS OF OUR CITY TO SUPPORT
THE AMERICAN LEGION POST 154 AND THE AUXILIARY IN THEIR
EFFORT TO HONOR OUR ESTEEM DISABLED AMERICAN VETERANS FOR
THEIR CONTRIBUTIONS TO OUR COUNTRY.
THIS 8TH DAY OF APRIL, 1993.
Walter W. Parker, Mayor
ler •• f Council