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HomeMy Public PortalAbout19930408CCMeeting1 1 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 1 1 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 - 2 1 1 1 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 - 3 1 1 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. 4 1 1 1 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: 6 1 1 1 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." 2 1 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) 3 1 1 (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. 4 1 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. 5 1 1 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. 6 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. 7 1 1 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