HomeMy Public PortalAbout19930909CCMeeting1
1993- 09 -09. City Council Minutes
The Tybee Island City held its regular monthly meeting on
Thursday, September 9, 1993 at 7 :30 P.M. 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 on any legal matters to
come before council. Councilman Day gave the Invocation, the
Pledge of Allegiance was led by Mayor Parker.
Mr. John McIntosh, Savannah Sailing Center, requested a
permit for a pre Olympic sailing event to be held off of Center
Street. Councilman Locklear asked if the DeSoto was still the
headquarters. Mr. McIntosh answered yes.
Mr Dean Lansford of Universal Concepts spoke to Council
concerning purchasing Christmas decorations. Councilman Day asked
if he had any ornaments that did not need to be attached to
poles. Mr. Lansford stated that their product line is not
limited, and that he would be happy to return.
Ms. Mauri Lawson of the Howard Harrill Company spoke about
its line of Christmas decorations stating that she had met with
City Hall and showed them some of the nautical decorations. The
cost of a 5 foot sailboat is $323.00, cost of a 7 foot anchor is
$250.00. The total cost for 10 each would be $5,730.00 and could
be financed over a three year period with no interest. The
company pays the freight and you have a 3 year warranty.
Mr. Bert Barrett, Jr. asked the elected officials to look
into the double yellow lines on the Tybee Road that allows no
passing. Mr. Barrett said that people are going 35 to 40 MPH on
the highway and the people following behind are getting
exasperated. He feels that the double yellow lines will not solve
the problems concerning accidents on the Tybee Road.
The following petitions were heard at the Public Hearing.
Rochelle Reynolds of *3 Shipwatch Circle requested a 4 foot
setback variance in order to place a deck around his pool. Mr.
Reynolds stated that the pool is placed to conform with the
setbacks. He passed out pictures to the council. He also stated
that the neighbors have no problems with his requestand that 2
homeowners have written letters in his behalf. Planning
Commission recommended to deny the request. No one spoke for or
against the petition.
The petition from McCarthy /Dillon for a minor subdivision at
1615 Chatham Avenue was tabled by the Planning Commission
until the DRN defines the Dune Delineation Line. No one was
present to speak for or against.
A petition for a variance for off street parking from Mr.
Paul Baker was postponed. No one spoke for or against.
Mr Gordon Morrow petitioned for a setback variance for the
construction of a garage. Mr. Morrow asked that this be
postponed. Mrs. Barbara Swartz, a neighbor, spoke against the
petition stating that Mr. Morrow could use land next to his house
with the entrance off 6th Street. Please notify Mrs. Swartz when
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Page Two
September 9, 1993
this petition will be heard again. Councilman Youmans said if
hearing is not heard when duly advertised then the petitioner
should be made to start the process all over and pay the fee
again.
A lady requesting a business license for a equestrian center
spoke to Council. It was noted that her application had come in
at noon today. The business license process was explained to her
in detail.
Mayor Parker opened the meeting for business legally
presented to Council.
Councilman Brown moved to approve Mr. John McIntosh request
for the Regatta when the paperwork from DNR is handed in to City
Hall. Councilman Williams seconded. Vote by Council unanimous.
Christmas Decorations will be added to the agenda for the
Finance Committee Meeting to be held on September 20th at 2 P.M.
Councilman Solomon moved to approve the 4 foot setback
variance request from Rochelle Reynolds stating that wooden
construction could be moved if necessary. Councilman Williams
seconded. Councilman Williams said that he had bought the house
next door and asked if he should abstain from voting. City
Attorney said he did not feel there was a need for Williams to
abstain from voting. Councilman Solomon asked where were the
letters from Nancy Farrow, Rick and Roxie Hogan. Councilman
Youmans questioned if any underground wires would be under the
deck. Mr. Reynolds stated that none should be under the 4 feet he
is requesting. Commissioner Frankenhauser said there was a 10
foot easement, the 4 feet requested is within the easement. Vote
by council was 2. in favor; 4 opposed (Brown, Youmans, Day,
Locklear).
Commissioner John Sugrue said that Mr. Morrow is in the
audience and what is the reason for Mr. Morrow requesting a
postponement. Mr. Morrow said that after the Planning Commission
meeting that he is taking a look at other solutions. He plans to
be here for the rest of his life and did not think his request
would hurt anyone. He stated that the neighbors get the benefits
of his landscaped yard. Mr. Morrow said that he would pay to
re- advertise.
Councilman Williams moved to adopt a Resolution on Unfunded
Mandates, Councilman Solomon seconded. Vote by Council was 5 in
favor; 1 opposed (Day). Councilman Day opposed the resolution
because he did not approve of the idea that Senator Paul
Coverdalls' name was mentioned.
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September 9, 1993
Councilman Locklear moved to adopt the Cable Resolution.
Councilman Day seconded. Councilman Brown asked what will we do
with the resolution? City Administrator Rowena Fripp said it will
be sent to GMA and committee members. Councilman Williams said
that the resolution will give the elected officials some power.
Vote was 5 in favor; 1 opposed (Solomon).
Councilman Brown moved to appoint Frank Neal as Absentee
Ballot Clerk with Angela Byers as his assistant. Councilman Day
seconded. Vote by Council was 5 in favor; 1 opposed (Solomon).
The minutes form the August 12th meeting were approved as
presented.
Bills for the month of August were unanimously approved as
follows:
General Government 74,833.91
Police 54,031.26
Fire /lst Response 2,738.10
Public Works 35,051.98
Sanitation 47,813.12
Recreation 3,742.62
Lifeguards 10,372.65
Parking Services 12,910.19
Water 16,886.04
Sewer 45,553.62
Councilman Williams moved to approve $1,500.00 for a
Business License software program. Councilman Day seconded.
Councilman Brown asked why wasn't this program purchased when the
General Government upgraded all the computers and programs in
City Hall. City Administrator Fripp answered that the City
Marshal at that time had set up his own business license program.
Councilman Youmans asked how we had managed before? Mrs. Fripp
answered that the 1993 preprinted business licenses came off the
NCR computer that was replaced in January 93. All other licenses
were typed as they were applied for in the City Marshal's office.
We do not have the old system. Vote by Council was 3 in favor; 3
opposed (Solomon, Youmans, Brown). Mayor Parker broke the tie by
voting in favor of purchase.
City Attorney explained that Business Condos of Tommy Clark
is not a Council matter. Councilman Youmans said then no action
is needed by Council.
Councilman Youmans moved to keep the terms of office at 2
years. Councilman Brown seconded. Councilman Day said that it was
a people question and to leave it to those who vote. Councilman
Williams asked why not place question on November ballot. City
Attorney Hughes said no referendum on question required. Only
Legislature with recommendation from Council can change times.
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September 9, 1993
Vote by Council was 4 in favor of leaving at 2 year terms; 2
opposed (Day, Williams). Councilman Day moved to allow people of
Tybee to express preference. Councilman Williams seconded.
Councilman Locklear said it takes awhile to do these things -
election is only two months off. Vote by Council was 1 in favor;
5 opposed (Solomon, Youmans, Locklear, Williams, Brown).
Councilman Williams said lets not get people so confused
that they think they are voting for 4 years terms. None of us
would get elected. Councilman Solomon said the cost for the
referendum would be high. Mrs. Fripp said that if it were placed
on the ballot in the 94 statewide elections it would cost the
citizens nothing.
Councilman Locklear moved to adopt the Community Drug
Enforcement Task Force. Councilman Youmans seconded. Mayor Parker
said he fully agrees with proposal. Vote by Council unanimous.
Resolution or Proclamation endorsing Governor Miller's Red
Ribbon Week was approved.
Councilman Williams moved to accept Sallie Hagen's audit
proposal for 1993 and the Water /Sewer Bond Issue Audit in the
amount of $7,343.00. Councilman Locklear seconded. Vote by
Council unanimous.
The Easement deed from Nelson Moye to the City of Tybee for
the erection of the stop light at Highway 80 and Campbell was
noted for the minutes.
Councilman Youmans made a motion to adopt Code Section 8 -2-
11 (d) and 4 -2 -23 (c) Building and Existing Buildings, rejecting
Dept. of Community Affairs comments, plus the typing error of
unit corrected. Councilman Brown seconded. Vote by Council
unanimous. Second reading will be at the October meeting.
Councilman Youmans moved to adopt Code Section 3 -2 -3
Taxation and Revenue on first reading. Councilman Williams
seconded. Vote by council 5 in favor; 1 oppose (Solomon).
Second reading will be at the October Council meeting.
Mayor Parker adjourned the meeting a there was no further
business to come before council.
Clerk of Council
Mayor Walter
R E S O L U T I O N
WHEREAS. in pursuit of national goals. Congress has
mandated that state and local governments undertake programs that
are designed and intended to accomplish these goals; and
WHEREAS. the programs mandated by Congress have imposed
costs on state and local governments for which Congress has
provided no grants -in -aid; and
WHEREAS, while imposing these mandates Congress has. at
the same time, reduced federal taxes and grants -in -aid, and these
actions have required state and local governments to increase tax
levies and /or reduce levels of service and /or withhold the
expansion of services needed to maintain and improve the quality of
life of their citizens; and
WHEREAS. U.S. Senator Paul Coverdell of Georgia has
introduced legislation (Senate Bill 1188) that, if adopted, would
provide relief to state and local governments from the mandates
imposed by Congress by requiring that Congress either provide the
funds to help cover the mandated costs or that a two - thirds
majority vote of Congress would be required in order for Congress
to impose mandates without appropriating funds to help state and
local governments cover the costs of these mandates;
NOW, THEREFORE BE IT RESOLVED. that the Mayor and Council of the
City of Tybee Island urge the members of the Georgia Congressional
Delegation to support S. 1188; and
BE IT FURTHER RESOLVED that the Mayor and Council commend Senator
Paul Coverdell for his efforts to protect state and local
governments from Congressionally - imposed mandates that do not
include financial assistance to help cover the costs; and
BE IT FURTHER RESOLVED that the Mayor and Council of the City of
Tybee Island direct that copies of this Resolution be forwarded to
each member of the Georgia Congressional Delegation, to the
Governor of the State of Georgia, and to the Georgia Municipal
Association.
THIS 63-tli DAY OF QlCP% . , 1993.
MAYOR
CLERK OF COUNCI
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R E S O L U T I O N
WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992
which, among other things, provided that the basic service
tier rates, and the charges for related equipment,
installation and services, of a cable television system
(hereinafter, "Basic Service Rates and Charges ") shall be
subject to regulation by a franchising authority in
accordance with regulations prescribed by the Federal
Communications Commission (hereinafter the "FCC "); and
WHEREAS, on April 1, 1993, the FCC prescribed such
regulations in the Report and Order, In the Matter of
Implementation of Section of Cable Television Consumer
Protection and Competition Act of 1992: Rate Regulation, MM
Docket 92 -266, FCC 93 -177 (released May 3, 1993)
(hereinafter the "FCC Rate Regulations "); and
WHEREAS, the City of Tybee Island (hereinafter, the "City ")
is a franchising authority with the legal authority to
adopt, and the personnel to administer, regulations with
respect to the Basic Service Rates and Charges of any cable
television system operating in the City, including, without
limitation, the system currently being operated by U.S.
Cable (hereinafter "the Company ") pursuant to the T.C.T.V.
(hereinafter the "Franchise "); and
WHEREAS, the City desires to regulate the Basic Service
Rates and Charges of the Company and any other cable
television system operating in the City and shall do so in
accordance with the FCC Rate Regulations, notwithstanding
any different or inconsistent provisions in the Franchise;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF TYBEE ISLAND. THAT
1. The City will follow the FCC Rate Regulations in its
regulation of the Basic Service Rates and Charges of the
Company and any other cable television system operating in
the City, notwithstanding any different or inconsistent
provisions in the Franchise.; and
2. In connection with such regulation, the City will
ensure a reasonable opportunity for consideration of the
views of interested parties; and
3. The Mayor, or his or her designee, is authorized to
execute on behalf of the City and file with the FCC such
certification forms or other instruments as are now or may
hereafter be required by the FCC Rate Regulations in order
to enable the City to regulate Basic Service Rates and
Charges; and
4. This Resolution shall be effective immediately.
ity Clerk
Adopted:
1993
Mayor Wa ter W. Parker
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Sallie v4. Hagen
Certified Public cAccountant
To the Mayor and Council
Tybee Island, Georgia
Re: Audit for Water /Sewer Bond Issue
Recommendation:
I recommend that the City should have a regular annual audit at December 31,
1993 to use for the Water /Sewer bond issue prospectus.
Points to consider:
• The purpose of having an audit is to make the prospectus for the bond issue
look better to investors. A Dean Witter representative handling the bond
issue explained to me that the audit should be for a full twelve months.
However, if you cut the year off at September 30, 1993 and issue a twelve
month statement from October 1, 1992 through September 30, 1993, the
financial statement will not be "comparable data" to the prior year's
audited financial statements. This means that the prior audit year will
overlap into three months of the special audit. If the special audit is
performed as of September 30, 1993, prior year comparative. data cannot be
presented. Since a presentation without prior year comparative data would
not show increased revenues from one year to the next, I do not believe
that the prospectus would be more attractive to investors.
• I understand that the City has significant Water /Sewer repair expenditures
pending which the Council has intended to fund through the bond issue. The
general fund currently has well over $400,000 invested with the Local
Government Investment Pool. A portion of this money can be transferred
into the Water and Sewer fund with the Council's approval either to be
repaid by the Water and Sewer fund after the bond issuance or as a
contribution to the Water and Sewer fund.
• I have performed the City's audit for the past two years and I have been
significantly involved with the selection and implementation of the new SDS
accounting software. Since I am intimately familiar with the City's
records and computer system, I am prepared to offer to complete the 1993
annual audit and issue my report by February 28, 1994 for an additional fee
of $1,500. This would make my audit fee come to $7,343 for the 1993 audit.
The year -end audit would show prior year comparative data and show the
effect of the increased usage rate charged to customers.
Sa t
September 2, 1993
360 Quarterman Drive • Suite 5 • Savannah, Georgia 31410 • (912) 897 -9196
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
In consideration of One ($1.00) Dollar and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the undersigned hereby grants unto City of
Tybee Island, its successors and assigns, a right -of -way in the
City of Tybee Island, Chatham County, Georgia, as follows:
A permanent traffic light standard easement
containing .00225 acres on the south end of Lot 1, Duck
Pond Subdivision of 16, Duck Pond Ward, Tybee Island,
Chatham County, Georgia as shown on Exhibit A, attached
hereto; AND
Permanent traffic light standard easement containing
.00255 acres on the west end of Lots 17 through 19 and 38
through 40, Fort Ward, Tybee Island, Chatham County,
Georgia, as shown on Exhibit A, attached hereto..
TO HAVE AND TO HOLD unto the said Grantee in fee simple.
IN WITNESS WHEREOF, these presents have been executed by the
proper parties under seal, this day of 1993.
Ad,
WITNESS
BY:
ATTEST:
Signed, s aled an• •el'ver d
this C,� day of •=■: A_
1993, in the presence of:
�1� +
NO ARY PUBLIC
T & M ENTERPRISES, INC.
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