HomeMy Public PortalAbout19940113SCMeeting1
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State of Georgia
Chatham County
I, James Patrick Locklear, 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.
(24uL u€L,
James Patrick Locklear
Sworn to and Subscribed before me this 3rd day of January, 1994.
George E. Oliver, Judge
Superior Court
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State of Georgia
Chatham County
)
We do solemnly swear that we will faithfully discharge
the duties devolved on us as councilmembers if 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.
Philipr0 °De�Q
W
Willi -m Remeta
oumans
Sworn to and Subscribed before me this 3rd day of January,
1994.
Georg E. Oliver, Judge
Superior Court
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State of Georgia
Chatham County
I, Edward Hughes, do solemnly swear that I will
faithfully discharge the duties devolved on me as City
Attorney for 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.
Edward Hugh s
Sworn to and Subscribed before me this 3rd day of January,
1994.
Superior Court
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State of Georgia )
Chatham County )
I, Steven Scheer, 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 opf my ability, skill and knowledge; that I will support
and upholf the Constitution and Laws of the United States of
America and the Constitution and Laws of the State of Georgia;
So help me God.
Steven Scheer
Sworn to and Subscribed before me this 3rd day of January,
1994.
George E. Oliver, Judge
Superior Court
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1994- 01 -13. Special /Regular City Council Meeting
The Special Meeting was called to order by Mayor James P. Locklear,
with the following members of Council present: Katrina Hughes,
William Remeta, Jack Youmans, Burke Day, Paul Jackson, and Phil
O'Dell. Mayor Locklear turned the meeting over to City Attorney
Hughes to update the Council on an agreement concerning the lawsuit
with Mr. & Mrs. Scaraborough. Attorney Hughes started at the
beginning, stating that this agreement is the best reached so far
with the Scaraboroughs. Councilmember Jackson said that M.R.S. has
no objection to Scaraborough building the dock. This agreement
calls for mutual releases for M.R.S., its members and the city.
The regular monthly Council meeting was called to order by Mayor
James P. Locklear. The following members of Council were present:
Katrina Hughes, Jack Youmans, William Remeta, Phil O'Dell, Burke
Day, and Paul Jackson. City Attorney Edward Hughes was present to
represent the city in any legal matters.
Mayor Locklear asked the Reverend Grable Page to give the
Invocation, followed by the Pledge of Allegiance.
Mayor Locklear opened the meeting for business legally presented
to Council. At this time Mayor Locklear announced the Council
Committee assignments for 1994 as follows:
General Government /Planning Police
Chair: Katrina Hughes Chair: Burke Day
Members: Paul Jackson Members: Phil O'Dell
Burke Day William Remeta
Fire DPW --- - ��
Chair: William Remeta Chair: Jack Youmans
Members: Katrina Hughes Members: Paul Jackson
Jack Youmans Phil O'Dell
Recreation Water /Sewer
Chair: Phil O'Dell Chair: Paul Jackson
Members: Katrina Hughes Members: Burke Day
William Remeta Jack Youmans
Mayor Locklear gave the public an update on the Olympic
Volleyball stating that the name of committee has been change to
Tybee Volleyball Committee. This committee will work with the
Savannah Chamber and SOSCO. The Pier /Pavilion is scheduled to open
in early 1996. The pier will be 500 feet long and 12 feet wide. The
Authority which will operate the pier, will be complied of equal
appointment from Chatham County and Tybee, with the Fourth District
Commission being chairman.
Mayor Locklear opened the public hearing on the Zoning Text
amendment. Zoning Administrator Angela Byers explained the
definition for conditional uses in the R -1 and R -2 zoning districts
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to allow Bed and Breakfast Inns. Ms. Margie Hendrix spoke in favor.
Mr. Jim Kluttz spoke against saying he has no objection to B & B if
handled correctly; however more study is needed. Mr. James LaFavor
said not against B & B, but against Text Amendment. Mr. LaFavor
stated that he feels that the information was not advertised
correctly. Dottie Kluttz said public input is needed for the
document; the one Zoning Administrator Byers handed out tonight is
not what was presented to the Planning Commission. Mrs. Kluttz said
she surveyed 120 people most of them did not understand it or know
about the text amendment. Councilmember Day asked Richard
Frankenhauser to work with the Zoning Administrator and hold a
special Planning Commission. Attorney Huges said application needs
to be made for a variance. Councilmember Youmans motioned to hold
a special council meeting to decide variance for Ms. Hendrix for B
& B. Councilmember O'Dell seconded. Councilmember Youmans called
for the question. Vote by Council was 4 in favor; 1 opposed
(Remeta); 1 abstained (Jackson).
Mayor Locklear said that the public hearing on CAT has been
requested to be postponed by Chatham County until the February
meeting, but that if anyone present would like to speak now that
their comments would be recorded. No one came forward to speak for
or against CAT's.
Officer Case presented certificates to the following
members /organizations of the community: Robert B. Morgan; Mariann
Wildi; Delta Omega; Bo Taylor; Brenda Welker; Dottie Robertson;
Charlie Masterpolis; Mike Orsini; Carol Brown; Earl Woods; Chris
Simon; Olin Veal; Angela Byers; Lester Lane; the Gang at Spanky's;
and McGruff. Chief Price announced that the police will play
basketball against Saint Michael's on February 6, 1994. Mayor
Locklear handed out letters of appreciation to Chief Price; Major
Woods; Sgt. Farmer; Cpl. Lowers; Officers Davis, Case and Maxey;
and Dispatchers Lanier and Smith for an incident that occurred on
November 2, 1993.
Councilmember Day moved to approve the request made by Mr. John
McIntosh to hold a sailing event on March 11, 12 and 13th.
Councilmember Youmans seconded stating that a letter from DNR is
needed on file at City Hall before event can be held. Vote by
Council was unanimous.
Susie Cary and Jo Marie Buckley spoke to Council concerning
basketball court on city rights -of way. Mayor Locklear asked
Councilmember Day and Youmans to come up with a decision to present
to Council. Mayor said that very few civil ordinances have been
enforced in the past.
Councilmember Youmans motioned to have a survey of the city's
western limits, parts that were annexed in 1983 also. Councilmember
Jackson seconded. Vote by Council was unanimous.
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Councilmember Hughes would like to change the Deputy Chief City
Marshal position from part -time to full -time and change title to
Code Enforcement Officer. Councilmember O'Dell moved to appoint
Chuck Bargaron full time City Marshal. Councilmember Youmans
seconded. Vote by Council unanimous.
Councilmember Youmans moved to the retain staff car at City Hall.
Councilmember O'Dell seconded. Vote by Council 2 in favor; 4
opposed (Hughes, Remeta, Day, Jackson). Staff car is transferred
the to Police Department.
Councilmember Youmans moved that Mr. Cedric Stratton not be
allowed to paint feet on the streets for the Marathon in February.
Councilmember Hughes seconded. Vote was unanimous by Council.
Councilmember Youmans moved to change the time of the agenda prep
meeting from 7:30 P.M. to 4:30 P.M. on the same day. Councilmember
Remeta seconded. Vote by Council was 5 in favor; 1 opposed (Day).
Councilmember O'Dell moved to accept contract with Savannah Area
Chamber of Commerce with Councilmember Youmans as the city voting
member. Councilmember Day seconded. Councilmember Day would like to
add a line to (c) that would show economic impact it has on Tybee.
Mr. Cliff Meads said it would cost money but he will come up with
a way to show growth. Councilmember Remeta stated that he does not
feel that Tybee needs the Savannah Chamber. Councilmember Youmans
explained that the 40% of Hotel /Motel taxes appropreated to the
Chamber of Commerce cannot be spent except on tourism. Vote by
Council 5 in favor; 1 opposed (Remeta).
Councilmember Day moved to accept a grant from the State Land &
Water for signs along the beaches. Councilmember O'Dell seconded.
Vote by Council was 4 in favor; 2 opposed (Youmans, Jackson).
Councilmember Day asked that the Drug Enforcement Agreement be
pulled from the agenda at this time.
Councilmember Day motioned to appoint a Gym Committee.
Councilmember Hughes seconded. Councilmember Youmans said that all
appointment must be made by full Council. Vote by Council was
unanimous.
Councilmember O'Dell moved to have a sign moratorium on outdoor
signs until a new ordinance can be prepared and adopted by council.
Councilmember Day seconded. After discussion Councilmember O'Dell
withdrew his motion. Mayor Locklear asked Councilmember O'Dell to
head committee that will work on sign ordinance.
Councilmember O'Dell asked that part time clerk position in
parking be made full time position. Councilmember Youmans seconded.
Vote by Council unanimous.
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Councilmember Jackson moved to accept minutes of December 9th and
16th minutes as read. Councilmember Day seconded with a note that
the T.I.P.D. portion of the budget is not as stated but only 29.7 %.
The vote by Council was unanimous.
The following bills for December were reviewed, found in order
and recommended that they be paid by each Council Chairmen:
General Government 65,535.05
Police 82,276.96
Fire 7,881.32
Public Works 53,970.44
Sanitation 22,789.69
Recreation /Parking 9.881.21
Water 28,251.56
Sewer 62,765.09
Councilmember Youmans moved to adopt Section 8 -1 -3 Planning
Commission Membership for its second reading. Councilmember Jackson
seconded. Vote by Council was 3 in favor; 3 opposed (Hughes,
Remeta, Day). Mayor Locklear broke the tie by voting to oppose the
ordinance. Councilmember Youmans thanked Mayor Locklear at this
time.
Councilmember Day moved to elect Councilmember Hughes as Mayor
Pro Tem. Councilmember Remeta seconded. Councilmember Youmans said
he would like to recommend Councilmember Day as he has experience.
Vote by Council was unanimous. Councilmember Day said he tipped his
hat to Councilmember Youmans.
Councilmember Day moved to adopt a Resolution on Revenues for
Local School Systems. Councilmember Remeta seconded. Vote by
Council was unanimous.
Mayor Locklear asked that Sections 4 -4 -32 Sanitary Requirement
for dog's waste; owner's responsibility; disposition and 4 -4 -33
Penalty be delayed until they can be further discussed with
T.I.P.D.
Councilmember O'Dell moved to adopt Section 8 -2 -20 Georgia State
Code for Buildings on its first reading. Councilmember Youmans
seconded. Vote by Council was 4 in favor; 2 opposed (Jackson,
Remeta).
Councilmember Jackson moved to adopt Section 4 -3 -1 through 4 -3 -3
Emergency Management for its first reading. Councilmember Remeta
seconded. Councilmember Youmans asked that the word deputy be
removed from in front of Chief of Police. Vote by Council
Unanimous.
Councilmember Youmans moved to adopt Section 3 -1 -3 Annual Budget;
Appropriation on its first reading. Councilmember Day seconded.
Vote by Council was unanimous. Councilmember Youmans asked that
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this ordinance be read for the second time. Councilmember Remeta
seconded the seconded reading. Vote by Council unanimous.
Ms. Alice Martin asked to speak to Council concerning the
Planning Commission appointments to be made tonight. Ms. Martin
said that the city should stick with residents of Tybee. There are
18 Tybee Island residents on the recommended list. The Council
voted to appoint the following people for two year terms to expire
January 31, 1996: Richard Frankenhauser - 5 votes; Walter Mitchell
- 4 votes; Michael "Spec" Hosti - 3 votes; Shell Solomon - 3 votes.
Mr. Dick Smith was appointed to serve out William Remeta's term
that expires January 31, 1995.
Mayor Locklear made the Governmental appointments with the
unanimous approval of Council.
Mayor Locklear recommended Vincent McCusker and Steve Hendrix to
continue serving as members of the Emergency Management Agency.
Councilmember Day moved to approve the appointment, with
Councilmember Youmans seconding. Vote by Council was unanimous.
Councilmember Day moved to appoint Richard Frankenhauser and Phil
O'Dell to the CUTS committee. Councilmember Youmans seconded. Vote
by Council was unanimous.
Councilmember Jackson moved to adopt a Resolution for the
Scarabrough lawsuit. Councilmember Hughes seconded. Vote by Council
was 5 in favor; 1 opposed (Youmans).
A Recreation committee meeting was called by Chairman O'Dell for
January 27th.
A Special Council meeting will be held January 31, 1994.
As there was no further business to come before Council Mayor
adjourned the meeting.
ayor James P. Locklear
Clerk of Council, J. R. Brown
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12/31/93
STATE OF GEORGIA
CHATHAM COUNTY )
AGREEMENT
THIS AGREEMENT, made and entered into this 13th day of
January , 19 94 , 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 a five percent (5%) amount of excise tax
collected from the furnishing for value to the public of room or
rooms, lodging or accommodations 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
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Tybee Island Hotel /Motel Tax Agreement
December 31, 1993
Page 2
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 January 1, 1994, and ends on December 31, 1994, 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 the Hotel /Motel Tax 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
collections it has received during the previous calendar month. The
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Tybee Island Hotel /Motel Tax Agreement
December 31, 1993
Page 3
City shall pay to the Chamber 40% of all Hotel /Motel Taxes levied at
5% which are received during the previous month.
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, and a
computation of 40% of those amounts.
4) A final settlement of amounts due under this contract for
the year shall be made by January 30th of each year. Any
Hotel /Motel taxes received (credits given) by the City after
January 1, 1995, which pertain to Hotel /Motel taxes levied
during the period January 1, 1994, through December 31,
1994, 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 January 1, 1994, to December 31, 1994,
shall be paid to the Chamber no later than January 30 , 1995.
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, 1994 through December 31, 1994 shall be
prepared no later than December 31, 1993, and will be approved
by the Tybee Island Council. This budget shall include the
following:
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Tybee Island Hotel /Motel Tax Agreement
December 31, 1993
Page 4
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;
8. 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.
9. 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.
10. 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.
11. 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 thirty (30) days prior to
the proposed termination date.
12. 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
Tybee Island Hotel /Motel Tax Agreement
December 31, 1993
Page 5
Savannah Area Chamber of Commerce at 222 West Oglethorpe Avenue,
Savannah, Georgia 31401.
13. 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
thirty (30) days before the annual renewal date. In the event that
an adjustment(s) to this Agreement is desired by either party during
the annual 30 day renewal period, such adjustment shall be mutually
agreed upon and the Agreement revised or amended and approved and
signed by the appropriate authorities for each party.
14. 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
Attest:
Pat Locklear, Mayor
Clerk of Council
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Tybee Island Hotel /Motel Tax Agreement
December 31, 1993
Page 6
ATTEST:
By:
Name : `Bcy,rMd_c- S �.
Title: 0 e.
Date: -4 -c-1'-�
12/31/93
SAVANNAH AREA CHAMBER OF
COMMERCE, INCORPORATED
By:
Name:
Title:
Date:
Vii•. .._Y ."c "9.� ^:: i1 +J 7:PL
At
R E S O L U T I O N
EDUCATION FINANCE FOR GEORGIA
WHEREAS, the people of Georgia have declared the provision
of an adequate public education to be the
responsibility of State Government; and
WHEREAS, local funding of school programs and school
facilities makes the rich get richer, and the poor
get poorer; and
WHEREAS, no Georgia child should suffer from poor.
educational location in which he or she attends
school; and
WHEREAS, a state revenue source, or sources, appropriated
by the General Assembly is the best method to
assure the availability of equal revenue for each
Georgia child.
NOW THEREFORE BE IT RESOLVED that the City of Tybee Island
supports the imposition of a state revenue source, such as an
additional state sales.tax or state income tax, to the extent
that additional revenues are needed to assure an adequate
education for Georgia children.
BE IT FURTHER RESOLVED that the City of Tybee Island
adamantly opposes the utilization of a local option sales tax,
local option income tax or other locally imposed revenue source
as a new funding source for school finance.
BE IT FURTHER RESOLVED that'a certified copy of this
resolution be transmitted by the.city clerk to Governor Zell •
Miller, Lieutenant Governor Pierre Howard. State Representative
Eric Johnson, State Senator Tom Coleman, and the Georgia
Municipal Association.
BE IT RESOLVED this 13th day of January, 1994. by the Mayor
and Council of the City of Tybee Island.
arw►���• \,.-O
Mayor James P. Locklear
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3 -1 -3. Appropriations Policy.
Ordinance # 1994 -1
(a) Budgeted expenditures shall be approved in advance by
requisition signed by the appropriate Department Head and Council
Committee Chairman.
(b) Unbudgeted expenses exceeding available departmental funds
shall be considered by the City Council in Open Meeting. Changes
to line items within departmental budgets, having been requested
and approved by the appropriate Department Head and Committee
Chairman, will be made by the City Treasurer.
(c) Emergency expenditures shall be approved by the Department
Head and the most appropriate available elected official(s) and
shall be reported to the full City Council at the next regular
meeting.
(d) Construction projects must be publicly advertised for bid
prior to acceptance of contracts by the Mayor and Council.
(Ord. 1994 -1)
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Co cif
Ado ted this 13th day of January, 1994.
*..-...--....)
Mayor James P. Locklear
1 t Reading January 13, 1994
2nd Reading January 13, 1994
Enacted January 13, 1994
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Appointment of Governmental Officers
City Administrator
Clerk of Council
City Treasurer
Zoning Administrator
Chief of Police
Chief of Fire Dept.
DPW Superintendent
Recreation Superintendent
Parking Superintendent
W/S Superintendent
Rowena B. Fripp
Jacquelyn R. Brown
Patricia B. Pagan
Angela R. Byers
James W. Price
James C. Brown
William B. Pye
Frances H. Solomon
Bobby G. Fripp
Arthur D. Harden
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1994- 01 -31. Special City Council Meeting
Mayor Pro Tem Katrina Hughes called the meeting to order with the
following members of Council present: William Remeta, Phil O'Dell,
Burke Day, and Paul Jackson.
Mayor Hughes opened the public meeting on a variance request
petitioned by Margaret Hendrick for a Bed & Breakfast to be located
at 24 Van Horn. Ms. Hendrick stated that she is back before Council
to request the variance.
Attorney Hughes said Ms. Hendrick presented a zoning map
amendment to council the first time she appeared, then Zoning
administrator Angela Byers asked for a Text Amendment for
conditional use in R -1. Neither of the above where voted on by
Council. Ms. Hendrick was advised to petition for a variance, which
she has done. Attorney Hughes read a letter from attorney Julian
Toporek, who is representing his wife's interest as an adjoining
property owner.
Councilmember Day asked Planning Commission member Richard
Frankenhauser if a workshop on the text amendment could be planned,
and if so how long would it take before an answer is given to
Council to study. Mr. Frankenhauser said that workshop could be
held and the information back to Council within a month.
Attorney Hughes said a text amendment can be proposed and suggest
that it be put before planning commission at the February 1, 1994
agenda meeting.
Speaking against the variance, but not against the Bed and
Breakfast were the following people: Jeanne Hutton, Dottie Kluttz,
Julian Toporek, Jim Kluttz, and Don Harris.
Councilmember Day said it is with regret that he moves to deny
the request for the variance. Councilmember Remeta seconded.
Councilmember O'Dell said he believes that people are
misinterpreting this variance request. Vote by Council was 2 in
favor of denial, 2 abstained (Jackson - was legally disqualified;
O'Dell - deemed voted with majority).
Councilmember Day moved to accept the three recommendations for
Judge pro tem that Judge Steve Scheer requested; William A. Dowell,
Mark A. Bradley, and John Sugrue. Councilmember Jackson seconded.
Vote by Council was unanimous.
Councilmember O'Dell moved to name Director Cullen Chambers and
Assistant Director Chuck Douglas of the Tybee Historic Society to
the RDC Historic and Tourism Advisory Committee. Councilmember Day
seconded. Vote by Council was unanimous.
Councilmember Day moved to accept the County -City Agreement for
Drug Enforcement Activities. Councilmember Remeta seconded. Vote by
Council was unanimous.
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uncil, J. R. Brown
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COUNTY -CITY AGREEMENT FOR
DRUG ENFORCEMENT ACTIVITIES
THIS AGREEMENT, made and entered into this 2 5 day of /1Y2L l
1994, by and between CHATHAM COUNTY, a political subdivision of the
State of Georgia, hereinafter referred to as "County" and the MAYOR
AND COUNCIL MEMBERS OF THE CITY OF TYBEE ISLAND, a municipal
corporation chartered under the laws of the State of Georgia,
hereinafter referred to as "City."
: W I T N E S S E T H:
WHEREAS, the Constitution of the State of Georgia of 1983 in
Article 9, Section 3, paragraph 1, provides that municipalities and
counties of the State of Georgia may contract with one another for
the provision of services for any period not exceeding fifty (50)
years: and
WHEREAS, the County and the City are mutually concerned about
illegal drug sales, trafficking, possession, distribution, and
abuse, as well as related violent crime connected with illegal drug
activity; and
WHEREAS, the County and City are mutually interested in a
cooperative effort to enforce the law regarding drug activity and
related crime; and
WHEREAS, the Board of Commissioners of Chatham County reviewed
this agreement and authorized the Chairman to sign this document at
the SL//I /9V meeting of the Board of Commissioners; and
WHEREAS, the Mayor and Council Members of the City of Tybee
Island reviewed this agreement and authorized the Mayor to sign -
this document at the / 31Jq 4 meeting of the Mayor and
Council.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein made, the County and the City do
hereby mutually agree as follows:
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1. Organizational Structure for Drug Enforcement. The County
will assume responsibility for organizing and managing a drug
enforcement unit dedicated solely to the enforcement of laws
regarding drug sales, trafficking, distribution, possession and
abuse, plus activities related to the prevention of drug - related
violent crime. The staffing of law enforcement officers and agents
to the Unit will be provided on a loaned, cost reimbursement basis
by local, state or federal law enforcement agencies as specified in
separate agreements with each participating governmental agency.
The assignment of officers from participating governments to the
Drug Unit will be known as a "Tour of Duty." The conditions of
this organizational arrangement are the subject of this Agreement
and are described in the following sections. The Drug Unit will
not be a separate legal entity, but will be an instrument of the
Chatham County government.
2. Participating Governments. Only governmental units with
written agreements consistent with
considered "participating governments.
government" shall include the County.
3. Name of Drug Enforcement Unit.
this Agreement will be
" The term "participating
Within this agreement, the
organizational structure for drug enforcement described in this
Agreement will be known as the "Drug Unit." The operational name
bay be changed by the County upon implementation of the Unit with
the advisement of the Drug Enforcement Advisory Board.
4. Goal and Mission. The goal of the Drug Unit is to create
a community free of illegal drug abuse, possession, importation,
distribution and sales. The Drug Unit's mission is to reduce both
the supply and demand for illegal drugs.
5. Commanding Officer. The Commanding Officer of the Drug
Unit will be at the level of County Police Major. The Commander
will occupy a permanent County position. The person may come from
a permanent position with the County Police Department or may be a
"Tour of Duty" officer assigned from some other jurisdiction. This
position will report to the County Manager. The Commanding Officer
of the Drug Unit will be under the direct supervision and control
of the County Manager. Qualifications for this position will
include a four -year degree in criminal justice or related field,
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and at least ten (10) years experience in local, state, or federal
law enforcement, with at least five (5) years experience in drug
enforcement activity. Preference should be given to candidates
with a master's degree. The County is bound by requirements of the
Equal Employment Opportunity Commission's (EEOC) Uniform Selection
Guidelines. The County accepts equivalent combinations of training
and experience in lieu of specific college degrees when screening
applicants for certain job qualifications.
6. Number of Civilian Personnel. The number of non - sworn,
civilian employees will be seven, consisting of two assistant
district attorneys, three secretaries, with one having para -legal
experience, one analyst and one public relations officer.
7. Number of Sworn Officers. The minimum number of sworn law
enforcement personnel will be forty, which includes the drug unit
Commander.
8. Personnel Assignments. All sworn law enforcement
personnel will be provided by a "Tour of Duty" program in which all
participating government agencies assign officers to the Unit for
a 27 -month period which includes 3 months of training and 24 months
of field service. At the conclusion of each "Tour of Duty" ach
officer may be reassigned for an additional 24 -month period. The
City of Savannah shall provide one (1) commissioned officer, two
(2) Sergeants, and ten (10) officers at the rank of Corporal or
below. The commissioned officer will be the first officer assigned
by the Savannah Police Department. In the event the Drug Unit
Commander is a member of the Savannah Police Department, the person
selected by him /her as second in command of the Drug Unit will be
selected from a commissioned officer who is not a member of the
Savannah Police Department. In the event the Drug Unit Commander
is not a Savannah Police Department Officer, he /she shall select as
second in command of the Drug Unit a commissioned officer from the
Savannah Police Department. The City will be given up to 180 days
notice for positions to be transferred to the Drug Unit. The City
of Savannah shall provide a minimum of thirty -three percent (33 %)
of the sworn personnel. The County shall provide a minimum of
thirty -three percent (33 %) of the sworn personnel. The Commanding
Officer shall determine the number of personnel to be assigned at
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each rank. The City of Savannah shall provide at least fifty
percent (50 %) of the personnel at each rank. Qualifications for
assignment to a "Tour of Duty" include: two (2) years of
professional law enforcement experience; an exemplary record of law
enforcement service devoid of serious, sustained allegations of
departmental infractions of regulations, standard operating
procedures, and policies; an extensive training record at a
regional, state or federal law enforcement academy in obtaining and
executing search warrants, conducting drug raids, making street
drug cases, conducting reverse sting operations, using surveillance
technology equipment, and developing and using informants and
information networks; and a willingness to undergo random
urinalysis and polygraph testing. The Drug Unit Commander may
select a police officer from the City of Tybee Island for a tour of
duty even if said officer does not meet the criteria listed herein,
so long as said officer is willing to undergo random urine analysis
and polygraph testing. The City of Tybee Island shall have the
right to assign at least one officer to the Drug Unit.
Any participating governments joining in this multi -
jurisdictional agreement hereby agree to relinquish all command and
directive authority over their respective assigned personnel and
confer exclusive directive supervision and authority to the
direction of the Drug Unit Commander.
9. Worker's Compensation Claims and Benefits. Any employee
assigned to the Drug Unit from any agency shall be required to be
covered under the employing agency's worker's compensation program,
even though the employee works under the supervision and direction
of the Drug Unit Commander. Any injury, disability, or death,
incurred by any employee while assigned to the Drug Unit shall be
deemed to have arisen out of, and to have been sustained in the
course of such employment. If any employee, or anyone on his /her
behalf, files a claim for worker's compensation benefits against
any participating government, other than the participating
government assigning him /her, for any injury claimed to have been
sustained while working with the Drug Unit, the participating
government which assigned the employee shall indemnify, defend, and
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hold harmless all the other parties to this agreement with respect
to such claim at no coat to such other parties.
10. Minority Participation. The Drug Unit minority goal
objective is to have at least fifty percent (50 %) of the sworn
personnel assigned to the drug unit must be minority. The City and
the County both agree to assign sworn officers whose demographics
reflect the composition of the community's population.
11. Cost Reimbursement. City personnel assigned to the Drug
Unit will remain employees of the City, be paid by the City
payroll, and receive continuous City benefits. The County will
reimburse the City for expenses including salaries, overtime pay,
social security, per capita medical insurance coverage, per capita
life insurance coverage, per capita disability insurance coverage,
pension contributions, and per capita estimates for workers
compensation. These amounts will be itemized by the City in a bi-
weekly request for payment. Payments for salary and benefit
reimbursements will be made bi- weekly from the County to the City.
12. Primary Drug Enforcement. The Drug Unit created by this
agreement shall be the primary drug enforcement agency for Chatham
County and all municipalities contained therein.
13. Implementation Plan. Prior to the implementation date of
the Drug Unit, the County shall prepare an implementation plan that
identifies all tasks necessary to successfully implement the Drug
Unit, including plans to achieve the provisions of this Agreement.
14. Planning and Analysis. The Drug Unit will operate a
cooperative, ongoing planning process that establishes a goal
statement, objectives, strategies, and priorities for drug
enforcement activities. The planning process will be a continuous
activity that allows operations to respond to changing conditions.
An analytical component that includes a computerized database of
identified drug locations and suspects will ensure that planning
and decision - making are based on adequate information about drug
trafficking suspects and locations.
15. Geographic Coverage Assurances. The County will ensure
that program planning and the implementation of operations are
geographically dispersed or concentrated in a manner which aims to
be consistent with the measured geographical distribution of
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illegal drug activity. In recognition of the data that suggests
that 85 to 90 percent of all illegal drug activity in the County
occurs in the City, the County agrees to allocate 85 to 90 percent
of the enforcement efforts of the Drug Unit (on an hourly manpower
allotment method computed monthly) to those areas within the City
which offer the greatest targets of opportunity as determined by
the Drug Unit Commander's interpretation of the Drug Unit Analyst's
report. The Drug Unit Commander will concentrate his /her initial
unit response (at least 50 percent of his /her hourly manpower
allotment) to area "C" as designated by the City, until analysis
reveals that drug related activity has been reduced or shifted to
another area. The Drug Unit Commander will keep the City and
County appropriately informed as to any shifts in concentrations
of manpower or any change in geographical areas of attention.
16. Community Participation. The County must include, as
part of the planning process, a mechanism for citizen participation
in program planning. This mechanism must include a drug telephone
"hot line" for soliciting information on drug activity, regular
neighborhood meetings in areas identified as "hot spots" or other
neighborhoods whose residents express concerns about illegal drug
activity, and an effort to maintain informal communication between
officers and citizens consistent with the philosophy of community -
oriented policing.
17. Evaluation and Performance Measures. The evaluation of
program effectiveness will be based on outcome measures that gauge
the extent that progress toward the goal is being achieved, namely
reducing the amount of illegal drug importation, possession,
manufacturing, distribution, sales, or other trafficking. This may
include a reduction in the number of concentrated locations of
observable drug activity, or drug "hot spots."
18. Reporting Requirements. The Commanding Officer shall,
through the County Manager, report quarterly to the Mayor and
Aldermen of the City of Savannah and the Chatham County Board of
Commissioners on the progress of the Drug Unit. The quarterly
progress report shall include a critical evaluation of the
effectiveness of the Drug Unit in achieving outcome -based
performance measures, such as a reduction in the number of drug
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"hot spots." The Commanding Officer shall also send written
monthly reports to the members of the Advisory Board and the City
Manager.
19. Advisory Board. Policy advice will be given to the Drug
Unit at a monthly meeting of a Drug Enforcement Advisory Board.
The following positions will be voting members of the Advisory
Board: the Chatham County Police Chief, the Sheriff of Chatham
County, the Savannah Police Chief, the District Attorney, two
minority Majors from the Savannah Police Department, one minority
Major from the Chatham County Police Department, and one minority
Major from the Chatham County Sheriff's Department. The following
positions will be voting members only if their municipality has
personnel assigned to the Drug Unit and will otherwise be non-
voting members: Chief of Police for Bloomingdale, Chief of Police
for Garden City, Chief of Police for Pooler, Chief of Police for
Port Wentworth, Chief of Police for Thunderbolt, and the Chief of
Police for Tybee Island. The following positions will be non-
voting members: the Resident Agent in Charge of the Savannah
Office of the Drug Enforcement Administration, the Senior Resident
Special Agent of the Savannah Office of the Federal Bureau of
Investigation, and the Resident Agent in Charge of the Savannah
Office of the Georgia Bureau of Investigation. The Advisory Board
shall not be a legal entity and shall have no authority concerning
administrative or personnel decisions. The Advisory Board
recognizes that the County Manager shall have direct authority over
and responsibility for the Commanding Officer of the Drug Unit.
20. Job Security. The Commanding Officer may not terminate
the employment of any individual on a tour of duty on the Drug
Unit. Each officer assigned to a Tour of Duty maintains the rights
of employment and possibility of termination consistent with the
personnel rules and regulations of the participating government
employing the officer. Only the participating government has the
authority to change an officer's employment status, rank or pay.
22. Replacement of Officers. All personnel serving on a
"Tour of Duty" serve at the pleasure of the Commanding Officer.
The Commanding Officer may request that any individual be replaced
for any reason. Any such request must be granted by the
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participating government and a replacement made within thirty (30)
days. The participating government reserves the right to remove
any officer from the Drug Unit for reassignment, promotion, or
other reasons.
23. Replacement of Vacant Positions. Upon the event of a
vacant City or County position in the Unit due to resignation,
retirement, reassignment or promotion to another position, or any
other reason, the County or City of Tybee Island {depending on
which agency suffered the loss) will ensure that the position will
be filled within thirty (30) days of the date of vacancy.
Temporary position vacancies created by loss of personnel from the
smaller participating municipalities can be filled by a temporarily
assigned employee from the City or County on a rotating basis until
such time that the municipality has a reasonable opportunity to
replace their respective agent or representative. When the City
provides the temporary replacement it shall receive reimbursement
for the position as it would for any other position within the drug
unit.
24. Chain of Command. A chain of command must be established
by the commanding officer that is clear and unambiguous. The chain
of command may result in the establishment of smaller work units,
such as an intelligence unit, major case unit, buy /bust unit,
immediate reaction unit, investigative support unit, or other such
organization as the commanding officer deems appropriate.
25. Standard Operating Procedures. The Savannah Police
Department's Standard Operating Procedures shall serve as the
initial set of standard operating procedures and may be amended to
meet the specific needs of the Drug Unit.
26. Powers of Drug Unit Officers. To ensure that each sworn
officer assigned to the Unit will be given the authority to enforce
local and state laws without restriction, so as to quash any
jurisdictional question or attacks which may hereafter arise, the
City and County, and all other participating governmental agencies,
hereby agree to confer jurisdictional authority upon all Drug Unit
Officers to jointly enforce their respective local ordinances.
Additionally, the Sheriff of Chatham County may by the terms of
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this agreement confer deputy sheriff appointments upon the sworn
members of the Unit if necessary.
27. Physical Plant and Equipment. The County shall be
responsible for providing office space within Area C or other
designated area within Savannah, vehicles, gasoline, radio
equipment, surveillance equipment, and all other equipment
necessary for drug law enforcement. The County will be responsible
for the ongoing procurement of needed equipment and supplies.
28. Title to All Property and Equipment. Chatham County
shall retain title to all tangible or intangible properties of the
Drug Unit. All leased, borrowed, shared, or loaned equipment will
revert to the source upon completion of usage by the Drug Unit.
All other properties acquired, regardless of source, shall become
the exclusive property of Chatham County. In the event, or upon
such time that the Drug Unit is disbanded, all property and
equipment not leased, loaned, shared or borrowed shall revert to
Chatham County.
29. Support Services. Any necessary law enforcement service
not available from the sworn or civilian staff of the Drug Unit,
including but not limited to laboratory analysis, evidence
protection and storage, prisoner transportation and detention,
medical care for arrestees or injured officers, will be provided by
the County. Any such service may be provided by a participating
government on a non- binding cooperative basis as offered by the
participating government. In an effort to reduce costs while
providing for all of the essential needs of the Drug Unit and the
Drug Unit Commander, the City and County agree to make available
to the Drug Unit Commander, the Internal Affairs investigative
personnel of the City Police Department, County Police Department,
and the Sheriff's Department. Any request for such services from
the Drug Unit Commander shall be met as a joint obligation of these
departments. Investigative findings of any internal investigation
will be reported directly to the Drug Unit Commander. Any costs
associated with such endeavor will be reimbursed by the County.
Any other necessary law enforcement service not available from
the sworn or civilian staff of the Drug Unit, including but not
limited to laboratory analysis, evidence protection and storage,
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prisoner transportation and detention, medical care for arrestees
or injured officers, will be provided by the County. Any such
service may be provided by a participating government on a non -
-.binding cooperative basis as offered by the participating
government.
30. Budget and Financial Responsibility. The County will
assume budget responsibilities for ensuring the fiscal welfare of
the Drug Unit, including all accounting of expenditures and
revenues.
31. Submission for State and Federal Grants. For the
purposes of submitting for State or Federal grant funds, the County
shall be responsible for identifying and making primary grant
applications for which the Drug Unit may be eligible. Whenever it
is advantageous to do so, the City and other participating
governments agree to join in the submission application for the
purpose of enhancing the possibility of securing the grant funding.
The City agrees to provide whatever expertise or technical grant
assistance it has available at the time, for the purpose of
securing the grant award. Chatham County agrees to reimburse the
City for the cost of such services, which may later be taken from
the grant award.
32. Audit Requirements. Expenditures and revenues for the
Drug Unit will be accounted for in the general fund. This fund
must be included in an annual financial audit.
33. Asset Forfeiture. Currency confiscated by the Drug Unit
shall be considered revenues to be used only as funding for the
Drug Unit and shall be accounted separately. Non - currency assets
seized by the Drug Unit shall become the property and
responsibility of Chatham County. Any funds received by the
liquidation of non - currency assets must also accrue to a separate
fund for asset forfeitures to be used only by the Drug Unit. The
maximum annual dollar amount obtained from confiscated currency and
liquidated assets that accrues to the fund dedicated to the Drug
Unit shall be 250,000.00 dollars. Any funds obtained in excess of
this amount shall be divided among participating governments based
on the average number of personnel assigned to a "Tour of Duty" for
that fiscal year. The County assumes responsibility for managing
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confiscated currency and seized assets and must comply with federal
and state asset forfeiture laws
35. Staff Personnel Records. During the tour of duty of any
assigned employee, the Drug Unit Commander shall maintain an active
personnel file on such employee. Employee information such as
attendance records, job related injuries, work performance etc.
shall be maintained in this file. However, the permanent employee
records of such assigned employee shall not be deemed to be in the
"care, custody or control" of the Drug Unit Commander. Upon the
completion of their individual tour of duty, an assigned employee's
respective personnel records, which were generated by the Drug Unit
Commander shall be duly maintained by Chatham County and the human
resources department of the assigning participating government.
36. Implementation Date. The provisions of this Agreement
shall be implemented on the date identified in the implementation
plan, or any other specific date agreed upon in general
correspondence between the County Manager and City Manager.
37. Provisions for Termination of Agreement. This Agreement
may be terminated by the Mayor and Council Members of the City of
Tybee Island or by the Chatham County Board of Commissioners with
30 days written notice for a violation of this Agreement. This
Agreement also may be terminated without stated reason by the Mayor
and Council Members of the City of Tybee Island or by the Chatham
County Board of Commissioners with 180 days written notice.
38. Amendments to This Agreement. This agreement may be
amended by the mutual agreement of the parties hereto. Such
amendment shall be in writing to be attached to and incorporated
into this agreement.
39. Legal Construction. In case any one or more of the
provisions contained in this Agreement shall be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision thereof, and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
40. Collaboration with Area Police Departments. The Drug
Unit shall collaborate and coordinate with the police departments
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of any city within Chatham County in which it will work. This
includes establishing goals, objectives, priorities and strategies
within said city to clear the streets of street sales, to eliminate
crack houses and to remove the drug supplies. The Drug Unit shall
collaborate and coordinate the implementation of enforcement
strategies within each city.
IN WITNESS WHEREOF, the County and the City have caused this
agreement to be duly enacted by their proper officers and so attest
with their corporate seals affixed hereto set forth in duplicate
originals.,
1 E.--Tillman, County Clerk
11; 'Cr`
1} Cam'
ATTEST: r° '.::
ac elyi+i R. Brown, Clerk
BOARD OF COUNTY COMMISSIONERS
OF CHATHAM COUNTY, GEORGIA
eph E. Mahany, Chairm
CITY COUNCIL OF TYBEE ISLAND
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LC
James P. Locklear, Mayor
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Confidential Correspondence
TO: Council
SUBJECT: Olympic Contract Meeting Feb. 3, 1994
Persons Present: County Attorney Tom Mahoney - Co Chaired
City Attorney Bubba Hughes - Co- Chaired
Capt. Mike Stephen - Chatham County Police
" D cl George Lyons - Chatham County Engineer
�" Mike Harbour CATS
Ro Fripp, Mayor Locklear, Councilmember Katrina
CuoHughes.
Awe where Tybee and Chatham County stand in regard to
Olympic Contract for Beach Volleyball.
1
Tom Mahoney reviewed correspondence from Bubba Hughes and stated
that we (Tybee) need to put together a paper for Chatham County
Commissioners as to what we anticipate as needs from Chatham.
The CATS representative stated that they cannot provide
transportation to anyone without a contract - Tom Mahoney said
that this can be handled through his department.
Bubba is sending te—aa a copy of the new contract (as of last
week) and cover letter to inform us of what we need to do to
promulgate the contract. Bubba is keeping in contact with lawyers
at ACOG in Atlanta concerning issues in the contract.
( \AA
--/t)
t.
63-oro-L