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HomeMy Public PortalAbout19940113SCMeeting1 1 1 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 1 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 1 1 1 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 1 1 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 1 1 1 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 1 1 1 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. 1 1 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. 3 1 1 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 - 4 1 1 1 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 1 1 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 1 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 1 1 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: 1 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 1 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 1 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) 1 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 1 1 1 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 1 1 1 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. 6 uncil, J. R. Brown 1 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: 1 1 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, 2 1 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 3 1 1 1 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 4 1 1 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 5 1 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 6 1 "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 7 1 1 1 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 8 1 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, 9 1 1 1 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 10 1 1 1 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 11 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 12 LC James P. Locklear, Mayor 1 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