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HomeMy Public PortalAbout19980122CCMeeting1 1 1 1998- 01 -22. City Council Minutes Mayor Walter W. Parker called the January 22, 1998 meeting to order at 7:30 P.M. with the following members of Council present: Ed Merves, Anne P. Monaghan, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. Councilmember Jack Youmans was absent because of surgery. City Attorney Edward Hughes was present to guide the Council on legal matters. Councilmember Merves gave the invocation, followed by the Pledge of Allegiance. Mr. Cullen Chambers, Director of the Tybee Light House /Museum, explained to Council about the Authorizing Resolution with DOT and the Agreement for Transportation Enhancement Activities between the Department of Transportation State of Georgia and the City of Tybee Island. Chambers said that the City would be the go between for the funds. Hosti asked who owns the Lighthouse? Chambers answered that the United States Coast Guard but that the City of Tybee and the Historic Society has a lease until 2017, with the Coast Guard having access to the lighthouse. Parker said that the effort between the City and the Coast Guard went back and forth and that people at Fort Pulaski were influential in getting the lighthouse. The Historic Society is doing a great job. Mr. Bernard Goode addressed Council stating that the petition for the four way stops on Jones Avenue will be presented again to Council at the February 26th meeting requesting a vote on the petition. Pearce questioned the DOT report. Parker said that the speed limit has been changed, but radar can not be used on Jones until that limit is approved by the DOT. Mayor Parker opened the meeting for business legally presented. Pearce moved to approve the Authorizing Resolution for DOT. Hosti seconded. City Attorney Hughes stated that the City will just be the conduit for the funds and that the Historic Society will enter into a contract to protect the City. Vote by Council was unanimous. Pearce moved to approve the bills for the month of December 97. Monaghan seconded. Vote by Council was unanimous. Hosti moved to approve the January 2nd and January 8th minutes as read. Pearce seconded. Vote by Council was unanimous. Henry Levy, Debbie Kearney, Don Agnew and Rachel Perkins were appointed to serve a two year term on the Planning Commission. Their terms will expire on January 31, 2000. Mayor Parker so noted that the City has received a credit of $25,581. on the renewal of the Georgia Municipal Association Workers' Compensation Self Insurance Plan. Pearce moved to approve the 2.5% merit suggestion plan presented to Council by the City Manager. Monaghan seconded. After a lengthy discussion Merves asked for an amendment that the merit pay be given when the evaluations for 98 are completed in November and December of 98. Pearce would not accept the amendment. Pearce said that he would agree to the 2.5% merit 1 1 1 raises when the evaluations are done this year. Vote by Council was 3 in favor (Merves, Monaghan, Pearce); 2 opposed (Anderson, Hosti) . Monaghan asked that each councilmember take a minute to read the resolution on the Charter stating that this resolution is asking that this Council rescind the prior Council's decision for a referendum on the November ballot, and that we keep the Council- Manager form of government. Monaghan moved to adopt this Resolution, Pearce seconded. During the long discussion Hosti asked that this be postponed until the full Council is present. Hosti also questioned if this Council can override a decision by the prior Council. Hughes answered that one Council cannot bind another Council. Voting in favor of the resolution were Merves, Monaghan, and Pearce. Opposing were Anderson and Hosti. Pearce moved to award the bid for the water storage tank to Brown Steel Contractors, Inc. in the amount of $393,800. Merves seconded stating that this figure is less than we expected. Parker said that the engineers approve and that everything is in order. Anderson questioned if this figure includes the taking down of the old tank, its removal and the erection of the new tank. Parker answered yes. Vote by Council was unanimous. Parker announced that City Clerk Brown will be at Clerk's Training in Athens during the week of February 8th. Brown said that Ms. Byers will handle the February 12th meeting and that the Council information packets will be in the boxes before she leaves. Pearce said that Hughes might have a report on the water sewer connection fees. Hughes said that he has met with Lovett and gone over a Aid to Construction Ordinance, and that it is not much different from the stub and tap fee now in place. Hughes will send down a copy of the City of Statesboro's for Council to study, stating that we also need to do a comparison with other cities. Byers said that she is going to Athens on the 4th of February. Parker asked that Byers contact some beach side communities for their fees also. Pearce asked if this information could be presented at the March meeting. Byers answered yes. Pearce moved to accept the Wage Scale and Classification Schedule presented by the City Manager. Monaghan seconded. Anderson questioned the minimum and maximum in each position. Hosti said that this is what got us in trouble last time and that Council had better study this before voting. Pearce withdrew his motion until the City Manager can be present to present this schedule. Monaghan moved to accept Section 2 -1 -111 Regular and Special Meeting on its first reading stating that this will have Council conducting one meeting a month, giving Council more time to study information coming before them for a vote, and that special meetings can be called if necessary. Hosti seconded for discussion only. Merves said that this will not give Council more time, just more information and that the Council can take care of City business by holding two meetings a month. Monaghan said that we can control. Pearce stated that Council can request a.time limit. Parker said that residents says it is hard for them to attend two meetings a month, the code book is up to date and 1 1 1 the city is running smoothly and if we find that we are getting behind then a Special meeting can be called. Merves said that the meetings are scheduled and he sets aside that time and plans his schedule around the meetings. Hosti agrees with Merves stating that he does not mind the two meetings a month and that it is crazy to stay until 1 or 2 a.m. conducting business. Monaghan said that a workshop can be held for education purposes, that 2 meetings a month is hard for her schedule. Merves said that we have only been having two meetings for about 3 months, why not give it at least 6 months. Can always change it back. Hosti said that we have set a deadline for agenda items to be placed on the agenda but have never gone by it. Voting in favor of the motion were Monaghan and Pearce. Opposed were Merves, Anderson, Hosti. Ordinance died for lack of support. Pearce moved to accept Section 2 -4 -12 Grievances on its first reading. Monaghan seconded. Merves said that Council has received two letters from employees in the past couple of months, questioning whether the employees are aware of how to deal with a grievance, something is broken down. We are not following the ordinances. Brown said that each employee has received a copy of the personnel code and has signed for it when she is the one who processes their paperwork. Monaghan said that if the employee steps outside the ordinances then they are due a reprimand. Hughes said that grievance should usually stop or should stop with the City Manager, but we have a Personnel Advisory Board with no powers only recommends to City Manager, who has probably already made his mind up when the problem first comes to him. Hughes said that the employees should be at will employees and the City Manager should have the final decision. Henry Levy said that he serves on the Board and that they have been called 3 times and each time the problem has be resolved before the meeting takes place. Hosti said that most people don't have the money to hire an attorney. Hughes said that we have the City Manager form of government then let it be, stating that larger cities have a Civil Service Board to handle appeals. Hosti said that City Manager is not god. Hughes said that Personnel Advisory Board has no power at all, recommends to City Manager. Department Heads go to City Manager, who looks into problem, spinning a lot of wheels, if you are going to have the Personnel Advisory Board then give it powers. Vote by Council was unanimous on first reading. Merves said that employees need to be educated in the codes. Parker said that you can not stop an employee from writing a letter. Pearce moved to adopt Section 2 -4 -14 (f) Administrative Leave presented by Hughes on its first reading. Monaghan seconded. Hughes said his version takes hours and compensation out of it and give flex to employees who are exempt. Hosti said a salaried employee is one who works 80 hours in a week to get the job done or 20 hours in another week to get a job done and the reason for the raises last year was to bring the salaried and hourly employees up reasonable wages. Merves noted that Bob Fripp was an unique situation, he moved from hourly to salaried with additional responsibilities. Hosti said that employees do not write down when they take off 1 time but always write down when they stay over. Monaghan said that we should ask employees to use up what they have on record and do not have administrative leave. Byers said that she did not agree to go on salary, that this happened when she got back from her vacation November 96. Byers stated that when she agreed to take over Planning Commission that it was with the understanding that she would be paid overtime for these hours and that she does keep track of her extra hours. Vote by Council was unanimous. Section 4 -2 -24 Amendments and Modifications to fire prevention code was explained to Council on its first reading by Fire Chief Jim Brown. Pearce moved to adopt with Anderson seconding. Vote by Council was unanimous. Pearce moved to adopt Section 4 -2 -23 Definitions on its first reading. Hosti seconded. Vote by Council was unanimous. Pearce motioned to accept Section 7 -5 -1 Tybrisa Park Commission on its first reading. Merves seconded. Vote by Council was unanimous. Penn Myrick asked what this would comprise of? Parker answered that it would be Tybrisa and Inlet, Tybrisa Street, Strand, and parking lots. Myrick said that the merchants might consider a board walk. Parker said that the meeting will be open to the public and also the public will have input. As there was no further business to come before Council the meeting was adjourned at 9:05 P.M. Mayor Walter W. Parker Clerk of Council, JRB 1 1 1 AUTHORIZING RESOLUTION Resolution authorizing the contracting with the Georgia Department of Transportation for funding under the Intermodal Surface Transportation Efficiency Act of 1991. WHEREAS, the Secretary of the U.S. Department of Transportation and the Commissioner of the Georgia Department of Transportation are authorized to contract for Transportation Enhancement Projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the City of Tybee Island, including the provision of its local share of the project costs in the project; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Intermodal Surface Transportation Efficiency Act the applicant gives an assurance that it will comply with Title Vi of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the gaol of the CITY OF TYBEE ISLAND that Disadvantaged Business Enterprises be utilized to the fullest extent possible in connection with the project and that the definite procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TYBEE ISLAND 1. That City of Tybee Island is authorized to execute contract on behalf of Tybee Island Hostoric Society with the Georgia Department of Transportation for assistance in financing construction, and all other activities incidental thereto, of Transportation Enhancement Activity projects pursuant to Section 133 (b) (8) of Title 23 U.S.C.; and all other provisions as set forth in the contract with the Georgia Department of Transportation. 2. That City of Tybee Island is authorized to execute and file an assurance or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the City of Tybee Island is authorized to furnish such additional information as the U.S. Department of Transportation and the Georgia Department of Transportation may require in connection with the application for the Transportation Enhancement Activity project and budget. 1 1 4. That the City of Tybee Island is authorized to set forth and execute affirmative disadvantaged business policies in connection with the Transportation Enhancement Activity. CERTIFICATION The undersigned duly qualified and acting as Mayor of the CITY OF TYBEE ISLAND certifies the following: The CITY OF TYBEE ISLAND has contributed the sum $ -0- towards preliminary engineering for this project. The CITY OF TYBEE ISLAND has identified sufficient resources to complete the Scope of Work for this project and make all payments not covered by the federal Transportation Enhancement Activity funding contribution. The foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Tybee Island City Council on _ a/vv_0-0L)ta far I49 Mayor Walter W. Parker Clerk of Council AGREEMENT BETWEEN THE CITY OF TYBEE ISLAND AND THE TYBEE ISLAND HISTORICAL SOCIETY THIS AGREEMENT, made and entered into this �� day of , 1998, by and between THE CITY OF TYBEE ISLAND, hereinafter sometimes referred to as "the CITY", and THE TYBEE ISLAND HISTORICAL SOCIETY, hereinafter sometimes referred to as "the HISTORICAL SOCIETY ". WHEREAS, the CITY is contracting with the Georgia Department of Transportation in connection with the repair and rehabilitation of the Tybee Island Lighthouse under the Transportation Enhancement Activities project programs; and WHEREAS, the HISTORICAL SOCIETY has raised funds to be used in connection with the Tybee Island Lighthouse restoration project. NOW, THEREFORE, the CITY and the HISTORICAL SOCIETY do hereby agree as follows: I In consideration for the CITY entering the contract for the project with the Department of Transportation, the HISTORICAL SOCIETY hereby agrees to assume all obligations and responsibilities of the CITY under its agreement with the Department of Transportation and shall indemnify and save harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the project except any claims arising from the sole negligence or willful misconduct of the CITY. II The parties will coordinate the project to insure compliance by the CITY with its responsibilities and obligations under its contract with the Georgia Department of Transportation. This /51:3- day of 1998. CITY OF TYBEE ISLAND ATTEST: Bv: Jac j elynUR. Brown Cle alter W. Parker Mayor [SIGNATURES CONTINUED NEXT PAGE] TYBEE ISLAND HISTORICAL SOCIETY By : 44031.-14. Its: ATTEST: 2 0 0 0 Bills for the Month of December 97 General Government 58,426.20 Police 64,133.91 Fire 5,478.88 Public Works 42,307.94 Sanitation 35,136.57 Recreation 9,242.46 Parking 4,658.54 Water Sewer 108,686.19 Special Purpose Sales Tax -0- Fund Four Bond 46,907.71 1 Georgia Municipal Association Workers' Compensation Self - Insurance Fund 1998 - ESTIMATED ANNUAL PREMIUM TYBEE ISLAND Code No. Payroll Classification Rate Payroll Manual Premium 5192 2 Parking Meter Maintenence 9.32 47,445 4,422 7520 4 Water Utility 5.07 133,340 6,760 7580 2 Sewage Disposal 3.04 56,916 1,730 7700 39 Volunteer Fire 3.54 11,700 414 7720 25 Police 4.88 429,604 20,965 8380 2 Auto Repair Shop 3.75 54,623 2,048 8742 2 City Administrator 0.62 92,450 573 8810 14 Clerical 0.33 339,925 1,122 8831 1 Animal Control 1.85 8,613 159 9015 18 Bldg Maintenance /Cleaning 5.44 64,876 3,529 9102 18 Parks /Recreation 3.66 71,398 2,613 9402 12 Public Works /Streets 8.88 285,670 25,367 9410 1 Bldg Inspector /Other 5.41 22,485 1,216 7704 4 Fire 3.54 27,132 960 144 Total Estimated Payroll Manual Premium Experience Modification Standard Premium Volume Modification Sub Total Miscellaneous Earned Premium Less Renewal Credit 1998 Member Contribution 12/31/97 1.15 0.85 1.15 $1,646,177 $71,881 $82,663 $70,264 $80,803 $25,581 $55,222 1 1 1 RESOLUTION WHEREAS: 1. The City of Tybee Island adopted the Council- Manager form of Government effective January, 1996, and has operated effectively and efficiently under this form of government since then. 2. Article II, Government Structure, from the Georgia Model Municipal Charter, describes the Council - Manager form of Government as having the following characteristics, which are perceived as accurately describing the government in Tybee Island: A. This form of government derives its name from the fact that a professional city manager is hired to administer the daily affairs of the city with oversight of the city council. B. The councils are usually small in size, and are responsible for establishing governmental policy and for supervising the city manager. C. The council - manager approach is a very popular form of government in a number of our nation's medium -size cities. D. One of the more favorable characteristics of this form of government is the fact that all of the administrative authority is concentrated in one individual. E. This person (the City Manager) is undoubtedly much more qualified to manage the day to day affairs of the city than the average city official because of specialized experience and training in the area of city management. F. In addition, if the manager is found to be incompetent or inefficient, the council has complete power of appointment and removal. G. The council - manager plan also serves to separate politics from actual administration of government. 3. The City of Tybee Island's Mayor and City Department Heads have found that the Council- Manager form of government is preferred to the prior form of government. Further, City Council most likely also fully endorses the Council- Manager form of government as being best for the City of Tybee Island. 4. If the prior form of government replaced the current Council - Manager form of government, administrative decisions currently 1 1 made by the City Manager would have to be made by selected City Councilmen, who may not be available when needed to make such decisions, or who may not have sufficient data or experience to make appropriate decisions, resulting in a less efficient government, and /or resulting in an increased potential liability to the city for improper decisions. 5. There have not been any advertised public hearings, nor any comprehensive analyses made of alternatives, nor have there been any citizen petitions urging City Council to have public hearings to consider changes to the form of government the City of Tybee Island currently has. 6. Placing the form of government into a referendum would require the expenditure of public money, time and effort, which might be better allocated to other issues. 7. Supporters of having the form of government placed into a referendum offer the reasoning that the prior referendum issue may have been unnoticed on the ballot by many voters, and therefore a second vote should be taken; and the perceived net benefit from such an undertaking has not been comprehensively evaluated. NOW, THEREFORE, BE IT RESOLVED: 1. The prior decision by City Council to have the form of government be placed into a referendum be rescinded, and that the Council- Manager form of government be continued in Tybee Island. 2. The City Council endorses the Council- Manager form of government as the best choice for Tybee Island. RESOLVED, this 4� nd day of p) iii N Lt e 42 Lj by the City Council of Tybee Island. J if ackie Brown, Clerk of Council ^alter W. Par er, Mayor , 1998, 1 - jA/011 ,c /ry couNc/4 BID TABULATION 150,000 GALLON ELEVATED STORAGE TANK TYBEE ISLAND, GEORGIA January 15, 1998 2:00 P.M. i -mss -9� CONTRACTOR PART A- PEDESTAL SPHEROID WATER ADDENDA BID STORAGE TANK -NEW (3) SECURITY TOTAL -ALL WORK BROWN STEEL CONTRACTORS, INC. y 3 /b o PHOENIX FABRICATORS AND ELECTROS, INC. PITTSBURG TANK & TOWER, INC. CALDWELL TANKS, INC. ENGINEER'S ESTIMATE ONO IMO X- 3 /�� yg l / 03 ___ /07 v Fr J 700 PART B- PEDESTAL SPHEROID WATER STORAGE TANK -PRE- OWNEDTOTAL -ALL WORK No Bea No a/O