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HomeMy Public PortalAbout19890413CCMeeting1 1 1 Tybee Island, Georgia April 13, 1989 The Tybee Island City Council held its regular monthly meeting on Thursday, April 13, 1989 at Tybee City Hall. Mayor Walter W. Parker pre- sided and the following members of Council were present: Chris Solomon, Jack Youmans, Bill Walsh, Jean Davis and John O'Neill. Councilmember Paul Jackson was absent, out of town on business. Mr. John Ranitz represented the City Attorney who was also out of town. Stanley Walthour and Debbie Bennett appeared before Council repre- senting the Homemaker Services of the Department of Family & Children's Services who are requesting $424.13 from the city's budget to help support their program. Mayor Parker asked the Finance Committee, Jean Davis, Chair- person, to consider this request. Phillip McCorkle, Savannah attorney, spoke for Armstrong & Turner, his clients who are considering the acquisition of Salt Pines. The project has four families living in it, and the present owner /developer ran out of money prior to completion of the project. A title exam shows underlying problems from the 1976 -77 recorded plat. He stated he needs a quit claim from the city re the platted, unused easements, and asked that the City Council approve the concept of the quit claim subject to the advice of the City Attorney when he returns. William Murrin spoke about his lot on Center Street between Jones and Miller, asking that the city open Center Street to give him access to his property. Mike Root of Tybee Cable TV told City Council that the cable will be making changes which will make new converter boxes necessary, and that the boxes will be available on Monday, April 17th. There will be changes in charges at this time. Mrs. James Ray asked Council if Estill Avenue is being closed. She was informed that she would always have access at that point since she owns the land there, but that there is a possibility that the city may open Daniel Street and close Estill Avenue to through traffic because of the narrowness (10') of the right -of -way. A final decision has not been made. 1 Tybee Island, Georgia April 13, 1989 Page Two Chris Christopher spoke about the Tybee Cable TV, saying that the present 3% fee is not the maximum allowable and asked why the city does not consider increasing the fee to the 5% maximum. Mayor Parker said this will be considered. Mr. Christopher went on to say that the H/M tax issue is important to the community and that the Tybee Island Historical Society needs to present to the city a budget showing what percentage of their budget is actually being spent on promotion; that portion could be funded from the 40% and the remainder contracted with the chamber of commerce. This suggestion was accepted as information. Jeanne Hutton said that she believes maintenance of historic structures is promotion of tourism. Mrs. Maude Alice Berry said that the historic society's charter mentions tourism, and that the facility is open every day to the public. The meeting was opened for business legally presented. Minutes of the March meetings were approved. Bills for March were approved, as follows: Police /Parking /Lifeguards $11,592.22 General Government $ 5,957.38 Public Works $13,248.00 Sanitation $16,651.00 Water /Sewer $16,607.19 Fire /lst Responder $ 2,962.00 Recreation $ 1,079.24 It was mentioned by Councilman Youmans that Mr. Charles Hosti has resigned as mechanical inspector, and that the city needs to find someone qualified. A letter from Diane Harvey Johnson, Representative, House District #123 was read, asking that the city appoint a representative to the House Savannah - Chatham County Anti -drug Commission Study Committee. Mayor and Council appointed the City Marshall, Jerry Farmer, to this position. City Council voted unanimously to have our attorney defend the city in the David W. Steffes Chatham Avenue zoning question. A letter from Mayor Parker to the officers and crew of the USCG Cutter Tybee was read. An ante litum notice for Anthony Todd Neal was denied unanimously. 1 1 Tybee Island, Georgia April 13, 1989 Page Three The City Attorney's opinion regarding the hotel /motel tax, and the 40% mandate by the General Assembly for tourism promotion was read. Mayor Parker stated his unwillingness to sign any contracts for use of these funds unless the contract was considered valid and legal by the City Attorney. Chief McCutchen asked that the Novelty Bar's application for alcoholic beverage licensing be held pending completion of investigation. The alcoholic beverage license for the Ham & Eggs was approved on motion of Councilman Solomon, seconded by Councilman Youmans, which passed without dissent. A Resolution for an organ and tissue bank was read, and is a part of these minutes, having been approved by the unanimous vote of Mayor & Council. Mayor Parker announced the availability of the information on the Governor's Hometown Program, saying that the city abounds with excellent community improvement groups, and that this should, ideally, be recognized by the state, as it has been in the past. The Governor's Hometown Program would be a way of recognizing these achievements. Councilmember Davis introduced the budget, suggesting that passage be delayed for two weeks. The budget is balanced save only for the question of whether expected grant monies will be received before the year's end. Councilman Youmans, in a point of information, asked whether it could be passed contingent on the resolving of the grant question. The concensus was that a special meeting would be held in two weeks - on April 27th. Additions to the business license fee schedule ordinance (non- codified) were discussed briefly and approved. A copy is attached to these minutes. The audience was encouraged to stay for a reception honoring Mrs. Louise Sasser, who is retiring as the editor of the local Tybee News. Mrs. Sasser was presented with a distinguished citizenship award by the Mayor, and the city hall staff served as hostesses for the reception. The meeting was adjourned. t CLERK OF CO IL 1 1 ORGAN AND TISSUE DONATION AWARENESS WEEK WHEREAS, the Medical College of Georgia Organ Procurement Program, the Medical College of Georgia Eye Bank, and the Burn Foundation Tissue Bank, in cooperation with other organ and tissue donor programs throughout the United States, are sponsoring April 23 -29, 1989 as National Organ and Tissue Donation Awareness Week; and WHEREAS, the organ and tissue donor programs strive to make the public aware of the need to sign donor cards donating organs and tissues for transplantation - to provide the gifts of life and sight - to those who suffer from some form of organ failure, are blind, or have been burned; and WHEREAS, they provide education programs to the public at large; and WHEREAS, they provide necessary organs and tissues for those patients in need, NOW, THEREFORE, I, Walter W. Parker , Mayor of the City of Tybee Island, Georgia , do hereby proclaim April 23 -29, 1989, as ORGAN AND TISSUE DONATION AWARENESS WEEK in Tybee , and urge all of our citizens to take this opportunity to learn about the many projects provided by the Medical College of Georgia Organ Procurement Program, Medical College of Georgia Eye Bank, and the Burn Foundation Tissue Bank. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Mayor and Council of the City of Tybee Island to be affixed, this 13th day of April 1989. 1 1 ROWENA B. FRIPP CfTY ADMINISTRATOR PATRICIA B. PAGAN CITYTRE4SURER THOMAS J. MAHONEY, JR. CITY ATTORNEY CITY OF TYBEE ISLAND 401 Butler Avenue P.O. Box 128 TYBEE ISLAND, GA. 31328 (912) 786 -4573 BUSINESS LICENSE SCHEDULE ADDITIONS COMMUNICATIONS /TRAINING $33.00 SHEET METAL WORK $33.00 HOME OCCUPATIONS, MISCELLANEOUS $33.00 MAYOR WALTER W. PARKER CITY COUNCIL JEAN C. DAVIS PAUL JACKSON JOHN O'NEILL,JR. CHRIS P. SOLOMON BILL WALSH JACK YOUMANS 1 1 1 STATE OF GEORGIA CHATHAM COUNTY ) AGREEMENT 4/13/89 THIS AGREEMENT, made and entered into this 14th day of April , 1989 , by and between THE CITY OF TYBEE ISLAND, a municipal corporation organized and existing under the laws of the State of Georgia, hereinafter referred to as "City," as party of the first part, and THE TYBEE ISLAND COUNCIL OF THE SAVANNAH AREA 'CHAMBER OF COMMERCE, INCORPORATED, a private sector non - profit organization incorporated under the laws of the State of Georgia, hereinafter referred to as the "Chamber," as party of the second part, - W I T N E S S E T H- WHEREAS, the City of Tybee Island, Georgia, by Ordinance enacted, has agree to increase the amount of excise tax collected from the furnishing for value to the public of room or rooms, lodging or accommodations from a rate of three percent of the charge to the public for the furnishings to five percent, effective July 1, 1987, in accordance with Georgia Public Law No. 621, adopted by the ���-- Georgia Legislature in 1987, and as set forth in the Official Code of Georgia Annotated 48- 13 -51; and, WHEREAS, the aforementioned law sets forth certain requirements upon local governments which have enacted the Hotel /Motel Tax, which 1 1 include that the equivalent of forty percent of the taxes collected by the City at the rate of five percent be expended on certain activities for those purposes as set forth in the above- referred to Code Section; and, WHEREAS, the City has the right to enter into a contract or contracts with the State, a Department of State Government, a State Authority, or a private sector non - profit organization organized for the purposes, allowing said funds to be expended to promote tourism, conventions and trade shows; and, WHEREAS, the City desires to enter into one of those contract with the Chamber, and the Chamber agrees that it will enter into a contract with the city for certain purposes: NOW, THEREFORE, the parties agree as follows: 1. Beginning with the fiscal year of the City, which starts on May 1 , 1989 , and ends on April 30 , . 1990 , the City agrees that it shall pay to the Chamber from the Hotel /Motel Tax actually received by the City and in amounts to be of forty percent of Hotel /Motel Tax less $21,000.00 it receives which are collected at the rate of five percent. 2. Hotel /Motel Taxes levied for rooms, lodgings or accommodations and collected by businesses during a particular month are due and payable to the City by the 20th day of the subsequent month. City agrees that it shall make payments to the Chamber under this agreement on or before the 15th of each month based on r collections it has received during the previous calendar month. The City shall pay to the Chamber 40% of all Hotel /Motel Taxes levied at 5% less $1,750.00 which are received during the previous month. 1 1 1 3) City shall furnish a statement each month to the Chamber which shall show the total amount of Hotel /Motel Taxes received at 5% .during the previous month and cumulatively for the year, a computation of 40% of those amounts. 4) A final settlement of amounts due under this contract for the . year shall be made by August 1 of. each year. Any Hotel /Motel taxes received (credits given) by the City after May 1 , 1990 , which pertain to Hotel /Motel taxes levied during the period , May 1 , 1989 , through April 30 1990 , shall pertain to the period during which they were received by the lodgings or accommodations. 5) The final payment of amounts due under this agreement for the fiscal year May 1 , 19 89 , to April 30 , 1990 , shall be paid to Chamber no later than Aug3ast_1 , 19 90 6) Upon receipt of the funds, the Chamber agrees that it will provide marketing, public relations, advertising, and other services to promote the City's tourism industry; specifically, the Chamber's . work programs may include visitor marketing, operation of the Tybee Island Visitors Center, and related services. 7) The marketing plan and budget for the fiscal year January 1 , 1989 through December 31 , 1989 shall be prepared no later than December 1 , 1988 , and will be approved by the Tybee Island Council. This budget shall include the following: a) Line -item details by major work program areas; b) Work programs with descriptions, cost of the programs, and units of work to be performed; c) Goals for the Chamber; 1 1 1 d) Measurable objectives, and strategies to achieve the objectives.. 8. Chamber will provide to the City quarterly reports on expenditures to date, work program achievements, and progress in meeting goals and objectives. These reports will be provided no later than 60 calendar days subsequent to the end of each quarter during the fiscal year. 9. Chamber agrees that it will expend all funds received under these agreements only for the purpose of promoting tourism and meetings, and for the specific purposes set forth in the Official Code of Georgia Annotated 48- 13 -51. 10. .Chamber shall provide to the City within 120 days of the end of the fiscal year audited financial statements pertaining to the funds received under this agreement, including any unexpended funds on hand, and said financial statements shall include an opinion rendered by a Certified Public accountant that all funds received by the Chamber under this agreement have been expended in accordance with the requirement of this agreement and in accord with Official Code of Georgia Annotated 48- 51 -13. 11. The Chamber shall permit the governing body of the city to appoint a designee to serve as a full voting member of the Tybee Island Council's Board of Directors with all the rights and privileges of any other member. 12. Either party may terminate this Agreement as a matter of convenience at any time during the year after a written notice of the proposed termination of not less than ninety (90) days prior to the proposed termination date. 1 1 13. All notices shall be by certified mail, return receipt requested, and sent to the City at Post Office Box'128, Tybee Island, Georgia 31328, and to the Tybee Island Council of the Savannah Area Chamber of Commerce at 222 West Oglethorpe Avenue, Savannah, Georgia 31499. 14. This Agreement shall be an annual Agreement which shall automatically continue from year to year unless terminated for causes or convenience or after a written notice of not less than ninety (90) days before the annual renewal date. In the event that an adjustment(s) to this Agreement is desired by either party during the annual 90 day renewal period, such adj.ustment shall be mutually agree upon and the Agreement revised or amended and approved and signed by the appropriate authorities for each party. 15. This agreement constitutes the entire agreement between the parties and shall be interpreted in accordance with the provisions of Georgia law. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed by their proper officials on the day and year first above written as the date hereof. THE CITY OF TYBEE ISLAND By: Attest: Mayor QUt.e.N -a- e 44.4aidl. /PAP Clerk of Council 1 1 1 ATTEST: By: Name: Title: 4/13/89 SAVANNAH AREA CHAMBER OF COMMERCE, INCORPORATED 1 1 Mayor and City Council, The Tybee Council of the Savannah area Chamber of Commerce has voted to accept the Tybee City Council's offer of the full 40% hotel motel tax, minus $21,000 as stated by the Tybee City Council. This agreement is for the fiscal year 1988 - 1989. The Tybee Council of the Savannah area Chamber of Commerce has also voted to reactivate the Tybee Chamber of Commerce and has requested these funds be made available to this organization for advertising and the promotion of Tybee Island. Expedience of this matter is of the utmost importance. We sincerly appreciate your offer and assistance in this matter. Respectfully, LAgin Act a,1440,11 lectia