Loading...
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 1 1 1 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. Page Three 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. 1 1 Page Four 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 1 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 1 1 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 1 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. \\N4T)