HomeMy Public PortalAbout19871210CCMeeting1
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STATE OF GEORGIA
COUNTY OF CHATHAM
I, WALTER W. PARKER, DO SOLEMNLY SWEAR THAT I WILL
FAITHFULLY DISCHARGE THE DUTIES DEVOLVED ON ME AS MAYOR OF THE
CITY OF TYBEE ISLAND, GEORGIA; THAT I WILL FAITHFULLY EXECUTE
AND ENFORCE THE LAWS AND ORDINANCES OF THE CITY TO THE BEST OF
MY ABILITY, SKILL AND KNOWLEDGE; THAT I WILL SUPPORT AND UPHOLD
THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND
THE CONSTITUTION AND LAWS OF THE STATE OF GEORGIA:
SO HELP ME GOD.
WALTER W. PARKER
SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF DECEMBER, 1987,
GEORGE E. OLIVER, JUDGE, SUPERIOR COURT
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
WE DO SOLEMNLY SWEAR THAT WE WILL FAITHFULLY
DISCHARGE THE DUTIES DEVOLVED ON US AS COUNCILMEMBERS OF THE
CITY COUNCIL OF TYBEE ISLAND, GEORGIA; THAT WE WILL FAITHFULLY
EXECUTE AND ENFORCE THE LAWS AND ORDINANCES OF THE CITY TO THE
BEST OF OUR ABILITY, SKILL AND KNOWLEDGE; THAT WE WILL EACH
SUPPORT AND UPHOLD THE CONSTITUTION AND LAWS OF THE UNITED STATES
OF AMERICA AND THE CONSTITUTION AND LAWS OF THE STATE OF GEORGIA.
SO HELP ME GOD.
SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF DECEMBER, 1987
GEORGE E.
L VER, JUDGE, SUPERIOR COURT
STATE OF GEORGIA
COUNTY OF CHATHAM
I, THOMAS J. MAHONEY, JR., DO SOLEMNLY SWEAR THAT
I WILL FAITHFULLY DISCHARGE THE DUTIES DEVOLVED ON ME AS CITY
ATTORNEY AND RECORDER OF THE CITY OF TYBEE ISLAND, GEORGIA; THAT
I WILL FAITHFULLY EXECUTE AND ENFORCE THE LAWS AND ORDINANCES OF
THE CITY TO THE BEST OF MY ABILITY, -SKILL AND KNOWLEDGE; THAT I
WILL SUPPORT AND UPHOLD THE CONSTITUTION AND LAWS OF THE UNITED
STATES OF AMERICA AND THE CONSTITUTION AND LAWS OF THE STATE OF
GEORGIA. SO HELP ME GOD.
THOMAS J MOONEY, JR. eA//.
SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF DECEMBER, 1987.
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'./(a...i.i
GEORGE E. LIVER, JUDGE, SUPERIOR COURT
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STATE OF GEORGIA
COUNTY OF CHATHAM
I, HERMANN W. COOLIDGE, JR., DO SOLEMNLY SWEAR THAT
I WILL FAITHFULLY DISCHARGE THE DUTIES DEVOLVED ON ME AS RECORDER
OF THE CITY OF TYBEE ISLAND, GEORGIA; THAT I WILL FAITHFULLY EXECUTE
AND ENFORCE THE LAWS AND ORDINANCES OF THE CITY TO THE BEST OF MY
ABILITY, SKILL AND KNOWLEDGE; THAT I WILL SUPPORT AND UPHOLD THE
CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND THE
CONSTITUTION AND LAWS OF THE STATE OF GEORGIA.
SO HELP ME GOD.
ERMANN 'W. COOLIDGE, JR
SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF DECEMBER, 1987.
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GEORGE E. OLIVER, JUDGE, SUPERIOR COURT
Tybee Island, Georgia
December 10, 1987
The regular monthly meeting of the Tybee Island City Council was
held on Thursday, December 10, 1987, beginning at 7 :30 p.m. Mayor Walter
W. Parker presided, welcoming an unusually large audience of citizens. Also
present were: Paul Jackson, Jean Davis, Jack Youmans, Bill Walsh, John O'Neill
and Chris Solomon, Councilmembers. Thomas J. Mahoney, City Attorney, was
present, too, as were representatives of several City departments, primarily
public works & sanitation.
Mayor Parker welcomed everyone, saying he wished every meeting
could draw such interest from the citizens. He then informed those present
who had an individual problem with the contract garbage collection service
that representatives from the city and from Waste Management, Inc. were here
to meet with citizens individually to try to work out any special problems.
These separate interviews will take place concurrently with the Council meeting,
in the City Hall offices.
Mayor Parker then announced a public hearing for a rezoning & sub-
division on Wrenwood Avenue in Fort Screven, petitioner Michael Graham, will
be postponed; however, he welcomed anyone who had come to speak on that subject
to do so. Planning Commission Chairman, Jim Monaghan, was called on to report
the Planning Commission's action; he stated that the petition was not complete
and was therefore postponed until the Commission was presented with the necessary
information.
A public hearing on the R -1 subdivisionlon Bay Street, petitioner
Roy Rowell, was next. Jim Monaghan reported that the Planning Commission
voted unanimously in favor of accepting the subdil,ision plan, which does
not increase density, but does reconfigure the lots. There were no written
communications and no one present came forward to speak, either for or against.
Mayor Parker closed the hearing, saying that the matter will be brought up
again at the proper point, for a vote.
Jim Kluttz, from the audience, questioned whether the postponement
of the Wrenwood petition would call for readvertisement. The City Attorney
said that may be necessary, or may not, according to actual circumstances
surrounding the delay. Jim Monaghan said that the Commission voted 5 -2 to
delay action until their next meeting since they really did not have enough
information to make an intelligent decision.
Tybee Island City Council
December 10, 1987
Page Two
Mayor Parker then opened the floor for discussion of the dog
ordinances, saying it really is not a public hearing as legally defined,
but that so much interest, pro and con, has been aroused by the question
of dogs on the beach that the City Council is taking this opportunity to
hear from the citizens. He invited Jim Pond and Charles Moore, two of the
prominent members of the committee formed last month, to speak first.
Mr. Pond spoke first, saying that the committee had come up with
a compromise, allowing dogs on the two far ends of the beaches, north and
south, beyond the groins. He said that, although there has been much more
comment since the committee met, he hasn't heard anything that changes his
mind about the committee's findings.
Mr. Charles Moore spoke, saying reasonable people can always make
each other see a little in favor of their arguments, adding that the far
beaches are swept by the tides twice
be an advantage to the town, leading
the law. He added that, whether the
a day, and that he believes this would
people to respect, rather than disobey,
committee's recommendations are followed
or not, the ordinance should be improved and Jim Lynes should be given more
help
free
read
in enforcement. He ended by saying that ALL domestic pets /animals roaming
should be picked up.
Mayor Parker commended the committee for an excellent report.
Mrs. Loree Anderson, representing the Tybee Island Chamber of Commerce,
a letter from the acting President objecting to any change in the present
animal control law, especially in regard to dogs'on the beach. She presented
a petition with 573 signatures.
John Jarvis said there is no direct access to the areas suggested
by the committee, so people couldn't get their dogs onto the beach at those
points.
Mary Helen Roth suggested enacting a "pooper scooper" ordinance.
Estelle Rosen spoke vehemently against dogs on the beach, citing
health and sanitation reasons.
Linda Cox said that she carries a cup when she walks her dog; she
agrees that "pooper scooper" ordinance is needed.
Other arguments followed: 1) residents at north & south ends don't
like being singled out as a dog walking area. 2) Condo associations both
wrote & sent representatives to speak against. 3) Dog owners present are
Tybee Island City Council
December 10, 1987
Page Three
caring people or they wouldn't be present to discuss it. Most people aren't
that interested or concerned with the rights of others. 4) The Savannah
ordinance doesn't seem to be working that well. 5) City would need 25 dog
catchers. Other speakers in favor of dogs on the beach were: Annette Duncan,
Pat Locklear, John Jarvis; against: Alice Martin, Marion Dean, C. J. Hosti.
A letter from Dr. Lester of the Island Veterinary Clinic was read - Dr. Lester
is in favor of limited access to the beach for dogs. Pictures of skin diseases
caused by parasites and statements of eminent dermatologists were added.
It was announced that the dogcatcher has a beeper; a call to the police dis-
patcher will bring quick response. Cat traps have been ordered; people may
call City Hall to make arrangements to have a trap delivered for capturing
stray cats. A city tag tax, was discussed briefly as a way to pay for adequate
housing of detained animals and more enforcement.
Mr. C. J. Hosti spoke of the contract for trash and garbage, saying
that he has read it and sees many places where further clarification is needed.
He noted that there is no provision for beach pick -up or for large trash
cans used by the city as litter barrels. Mayor Parker said the city will
still pick up the beach cans, and that the large Cans will be phased out
gradually.
Mr. Rennie Painter, owner of Tybee Marina, spoke, saying he has
55 -gal. plastic cans that are lighter than the ones the company rents, but
they won't pick them up. He said he is also concerned about liability in
bringing the cans out to the street in his neighborhood, where there is con-
gestion, and a curve. He expressed the opinion that people should have been
given more imput before the decision was made, saying he thinks it wasn't
well - negotiated. He said all businesses seem to have problems. Ms. Nancy
Frankenhauser said she is pleased with the servic but doesn't want the cans
left on the streetside; beautification has come a long way and this shouldn't
be allowed.
Mayor Parker explained some of the reasons for the change to a
commercial garbage service, saying lack of a landfill, dumping fees, and
worn -out equipment were major points considered, and that it was an economic
necessity. Mr. Fitz Simmons rose to say that there was a public meeting
to discuss the garbage contract, so people did have a chance to comment.
Mr. Sebastian J. Orsini said that he believes the liability is
too great if cans are left by pavement; he asked that property line be used
Tybee Island City Council
December 10, 1987
Page Four
instead. Linda Cox asked if we could have service as before, if the citizens
were willing to pay more for it. Mayor Parker promised further review by
the Council. It was stated that Tybee trash needs to be contained because
of the wind, and northeasterly winds might blow cans left unsecured into
paths of autos, etc. Charlie Kirk spoke to say that the people who've talked
to him are not present tonight because they're mostly older folks, but they
are dissatisfied with the service thus far. He asked if the Master Plan
recommended any such action. He added that Tybee, he believes, enjoys a
better standard of living than the west side of Chatham County, which seems
to be used as an example of why we took this course, seemingly a step down
for us.
Mr. C.J. Hosti said that revenue has increased 1 times in the
past two years; with that much increased revenue, services should not be
cut. Councilmember Solomon said that we have ruined everything we've accomplished
with beautification if we allow cans two feet from the street. He said that
he had no idea this would happen, he'd been told at the special meeting that
the service would be the same. He agreed with Mr. Orsini that the property
line should be the pickup point.
Mr. Orsini spoke again, asking the Mayor
to ask the City Attorney
to comment on potential liability. Mr. Mahoney said that there is a potential
for liability if cans are placed on the city's right of way at the city's
request, but there are many other factors that would bear upon liability,
and each case would be decided on a case -to -case basis.
Mayor Parker asked for a motion on the R41 subdivision on Bay Street.
Councilmember Davis moved, and Councjlmember. Walsh seconded, a motion in
The vote was unanimously in favor, and the subdivision was approved.
Mayor Parker appointed a committee to study the dog question: Council -
O'Neill, Jackson, Walsh & Solomon, with Charlie Moore and Jim Lynes.
pro tem Jackson was asked to chair the committee. Councilmember Solomon
suggested that Natural Resources be asked to comment & this will be followed
up.
favor.
members
Mayor
Bills were approved as follows: Police - $6,342.10; General Government
$4,769.88; Fire /lst Responder - $2,071.29; Water /Sewer - $18,718.60; Public
Works /Sanitation - $20,989.90; and Recreation - $2,799.22.
A letter from Senator Coleman to all mayors re Homestead Exemption
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Tybee Island City Council
December 10, 1987
Page Five
was read and accepted as information. Mayor Parker explained that we are
exploring this as a way to lower city taxes, especially for the elderly.
A letter from the Census Bureau was read. The city can contract
for a special census at a cost of $9,100. This will be studied, and brought
up again in January.
Mayor Parker said that he city wishes to express its sorrow that
Bob Thomson, City Administrator, left. He said 11 was a good career move,
and that he wishes him well.
A Resolution for Tybee able TV was real, approving a merger.
Councilmember O'Neill moved in favor of the Resolution, the second was by
Councilmember Jackson, and the vote was unanimously in favor.
A Resolution for Mothers Against Drunk Driving was read. Council-
member Davis moved its adoption, Councilmember Jackson seconded, and the
vote was all in favor.
Two ordinances regarding hotel /motel tax were read by the City
Attorney. Sections 3 -2 -41 and 3 -2 -42 were adopted unanimously on motion and
second by Councilmembers Davis and Jackson respectively. A second reading
followed, and the ordinances were unanimously adopted. Copies are attached
to, and become a part of, these minutes.
Councilmember Davis reported that midyear budget adjustments are
under way, saying that things always look tighter this time of year, but
that we have absorbed the major expenditures of the season, and that the
financial picture should be much brighter before the end of the fiscal year.
She recommended, on Fire Chief Solomon's advice, that the ISO rate lowering
improvements continue, but that the renovations be postponed until finances
improve.
There was a time of announcements of community events, followed
by a late question regarding the Inlet Avenue right -of -way. After a long
discussion of the planting of palms in the right -of -way by a private citizen,
a motion was made by Councilmember Jackson askingHthat the signs and trees
be removed from the right of way, with Councilmember Davis seconding. Council -
member Youmans said he'd like to see a few parking spaces there, like those
at 19th Street, for fishermen, etc. There was discussion of removing some,
not all of the trees, with Councilmember Walsh saying it should be none or
all. The vote was 5 - 1, with Councilmember Youmans casting the dissenting
vote.
The meeting adjourned.
4717:4,
CLERK OF COUNCIL
MAYOR
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MUNICIPAL AUTHORITY CONSENT
City of Tybee Island
County of Chatham, Georgia
RESOLUTION APPROVING
(i) THE MERGER OF
TYBEE CABLE T.V.,INC.
INTO
FRANKLIN CABLEVISION,INC..
AND
(ii) THE GRANTING OF A SECURITY INTEREST
IN THE CABLE TELEVISION FRANCHISE (the "FRANCHISE ") OF
TYBEE CABLE T.V.,INt."
(i) The City of Tybee Island, Georgia hereby consents
to the merger of Tybee Cable T.V., Inc. into Franklin Cablevision,
Inc., the successor corporation and holder of the franchise.
(ii) The City of Tybee Island, Georgia hereby consents
to the grant of a security interest in the Cable Communications
System Permit of Franklin Cablevision, Inc., as successor corp-
oration to Tybee Cable T.V., Inc., by Security Agreement made
as of August 15,1986, and all amendments thereto, granted by
said Permit Holder to Philips Credit Company (formerly known as
Hundred East Credit Corporation) of 100 East 42nd Street, New
York, New York 10017, and acknowledges receipt of notice of
such security interest.
PASSED AND APPROVED this day of
, 1987.
Rowena Fripp, City Clerk Wa ter W. Parker, Mayor
City of Tybee Island
City of Tybee Island
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National Drugged & Drunk Driving Awareness Week
December 13 -19, 1987
W H E R E A S
Alcohol related crashes causes more violent deaths in the United
States than any other cause, over 22,000 annually.
Traffic crashes also play a substantial n serious injuries,
causing most of the new cases of epilepsy and paraplegia in the
United States each year;
fetween 45 and 55 percent of fatally injured drivers have alcohol
concentrations in their blood above the legal limit, and this
figure rises to 55 to 65 percent in single - Vehicle crashes;
The total societal cost of drunk driving has been estimated to
be over 825 billion a year, which does not include the human
suffering that can never be measured;
There are increasing reports of collisions involving drivers who
have used prescription or illegal drugs;
There has been a groundswell of national and local activity aimed
at these problems through citizens' groups, task forces, and the
Presidential. Commission on Drunk Driving;
Increased public knowledge about the gravity of the problem of
drunk and drugged driving may convince alcohol and drug users to
refrain from driving, and may stimulate interest in research
about effects of drugs on driving ability and the incidence of
traffic crashes;
National awareness of the problems of drunk and drugged driving
may help to sustain current efforts to develop comprehensive
solutions at the State and local levels; and
The holiday season is a particularly appropriate time to focus
national attention on this critical problem, because more drivers
are on the roads, more social functions are attended, and more
traffic: collisions occur.
NOW, THEREFORE, it is
RESOLVED, that the City of Tybee Island joins with the United
States Congress, the President of the United States, legislature
city and town councils, governors, mayors, a d other citizens
across the Nation, in designating the week of December 13 -19,
1987, as "National Drunk & Drugged Awareness Week" in support-
ing national and local observances thereof, and in reminding
our fellow citizens that safety belts and child safety seats
are our best defense against all the hazards f the road.
sicNRr at Tybee island, Georgia this ,06 daj of December, 1987.
!ALTER W. PARKER, MAYOR
ATTEST: ,1" 'G L� �A,.
- CL13RK OF COUNC
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Ordinance # tq, g'1 - Is
AN ORDINANCE AMENDING A SECTION OF THE TYBEE ISLAND CODE OF ORDINANCES BY
DELETING SECTION 3 -2 -41 Imposition of Tax.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE I1AYOR AND CITY COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE ABOVE SECTION OF THE CODE OF ORDINANCES
BE DELETED IN ITS ENTIRETY, AND THE FOLLOWING PARL GRAPHS, TO BE ENTITLED
THE SAME, BE INSERTED IN ITS STEAD:
Sec. 3 -2 -41 IMPOSITION OF TAX.
There is hereby levied, imposed, in addition to all other taxes of every
kind now imposed by local ordinance, state and federal law, a tax to be collected
at the rates and in the manner hereinafter set forth upon the sale or charges
for any rooms, lodgings or accommodations furnish d within the city limits:
1) An excise tax upon the furnishing f r value to the public of
any room or rooms, lodging or accommodations furn shed by any person or legal
entity licensed by or required to pay business and professional or occupational
taxes to the city and /or to the state and /or to any other governmental entity
for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or
any other business in or through which rooms, lodgings or accommodations
are regularly furnished for value. .
2) The rate of taxation shall be five percent (5%) of the charge
to the public for that furnishing; however, the aggregate of the taxes levied
upon the sale or charges for any rooms, lodgings Or accommodations, shall
not exceed ten percent (10%) of the charge to the public for those furnishings.
3) No such tax shall be levied upon th sale or charges for rooms,
lodgings or accommodations, furnished for a perio1 of more than ten (10)
consecutive days to any member of the public or for the use of meeting rooms.
4) No such tax shall be levied upon th fees or charges for any
rooms, lodgings, or accommodations furnished for a period of one or more
days for use by Georgia State or local government officials or employees
when travelling on official business.
ADOPTED THIS I() DAY OF O.QC . ,
CLERK OF COUNCIL
1st Reading: �AC. 16 � l i r(
2nd Reading: 10 (9 ?
Adopted:
I:z.¢c., to Iqti
1987.
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Ordinance # lq g q - 1
AN ORDINANCE AMENDING A SECTION OF THE TYBEE ISLAND CODE OF ORDINANCES BY
DELETING SECTION #3 -2 -42 Tax collectible from dealers; "dealer" defined.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL IN
OPEN MEETING ASSEMBLED THAT THE ABOVE SECTION OF THE CODE OF ORDINANCES BE
DELETED IN ITS ENTIRETY, AND THE FOLLOWING PARAGRAPHS, TO BE ENTITLED THE
SAME, BE INSERTED IN ITS STEAD:
Section 322r42 Tax collectible from dealers; "dea ]Ter" defined.
a) The aforesaid tax at the rate of fi a percent (5%) of the charge
to the public for those furnishings, as of the mo ent of sale, or as of the
moment of purchase, as the case may be, shall be ollectible from all persons,
as defined in this section, engaged as dealers.
b) The term "dealer" as used in this article shall include any
person or legal entity licensed by or required to 'pay business, professional
or occupational taxes to the city and /or to the state and /or to any other
governmental entity for operating a hotel, motel, inn, lodge,' tourist camp,
tourist cabin, or any other business in which rooms, lodgings or accommodations
are regularly furnished to the public for value.
ADOPTED THIS 100"- DAY OF L J C P , 1987.
CLERK OF COUNCIL
1st Reading LC.-1009V
2nd Reading C, 1 O, V7
Adopted:
CuLc_10)(9g7
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TEMPORARY COMMITTEE ASSIGNMENTS
Finance & General Government:
Water /Sewer
Public Works /Sanitation
Fire /First Responder
Police /Parking
Recreation & Parks
Jean Davis, Chairman
Bill Walsh
Chris Solomon
Bill Walsh, Chairman
John O'Neill
Chris Solomon
John O'Neill, Chairman
Paul Jackson
Jack Youmans
Jack Youmans, Chairman
Jean Davis
Paul Jackson
Paul Jackson, Chairman
Bill Walsh
Jack Youmans
Chris Solomon, Chairman
Jean Davis
John O'Neill