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19871210CCMeeting1 1 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 1 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. 1 './(a...i.i GEORGE E. LIVER, JUDGE, SUPERIOR COURT 1 1 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. 1 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 1 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 1 1 1 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 1 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 1 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. 1 1 1 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 1 1 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