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HomeMy Public PortalAbout19950914CCMeeting1 1 1995- 09 -14. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, September 14, 1995 at 7:30 P.M. in the auditorium. Mayor James P. Locklear presided. The following members of Council were present: Katrina Hughes, Jack Youmans, William Remeta, Mariann Wildi and Phil O'Dell. Councilmember Jackson was absent due to being at Guards. City Attorney Edward Hughes was present to lead the Council in legal matters. Carl Thompson gave the invocation; the Pledge of Allegiance followed. Councilmember Hughes moved to accept the August minutes as read. Councilmember Youmans seconded. Vote by Council was unanimous. The following members of the Zoning Task Force were presented with certificates of appreciation by Councilmember Hughes who also thanked them for all the time and effort put into the zoning rewrite: Bonnie Gaster, Brenda Welker, Linda Larsen, Carl Savio, Wilma McCusker, Dick Smith, and John Hutton. Mayor Locklear presented certificates of appreciation to George, Jacob and Joshua Hammer for preventing a potential fire at a home on Pulaski. Dee and Curly Freyermuth and Carl Thompson accepted a certificate of appreciation from the Mayor for the Optimist Club. Mr. Bill Donaldson presented Council with a petition signed by 43 residents concerning the noise from the DeSoto and Spanky's asking that Council please do something to help control the noise level. Councilmember Remeta said that he has spoken with the establishments and he agrees that nobody should have to put up with noise late at night. Mr. Dale Williams asked Council for permission to use the south west classroom for the Genesis Program. Mr. Williams gave the background of the project. Councilmember Youmans moved to approve the use of the classroom, with a 60 day clause written into the contract. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember O'Dell moved to approve the request from the Department of the Army, 559th quartermaster Battalion to hold water purification training on November 13th through the 17th on the beach. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Hughes moved that appointments to the Beach Task Force should expire at the end of this administration and that the new administration should appoint a new board. Councilmember youmans seconded. Vote by Council was unanimous. 1 1 1 Councilmember Remeta moved to appoint Ms. Angela Byers and Mrs. Patricia Pagan as absentee ballot clerks in the November elections, with Mrs. Jackie Brown overseeing the election. Councilmember Hughes seconded. Vote by Council was unanimous. Councilmember Hughes moved to accept a contract with Viper Software, Inc. for the conversion of the City property taxes with Chatham County in the amount of $1,400.00 stating that this will save the City about $3,200.00 in staff time. Councilmember Youmans seconded and asked if this will have to be paid every year. Councilmember Hughes said that the fee would be half next year. After a lengthy discussion Councilmember O'Dell called for the question, with Councilmember Hughes seconding. Vote on the question was unanimous. Vote by Council was 4 in favor (Hughes, Youmans, Wildi, O'Dell); 1 opposed (Remeta). Councilmember O'Dell moved to accept the proposal from I Am Construction in the amount of $48,000.00 for storm drainage on Miller between 12th, 13th, and 14th Street. This will be expended from Fund 3, 1% sales tax monies. Councilmember Wildi seconded. Councilmember Remeta moved that this be sent back to committee. Died for lack of a second. Councilmember remeta asked about the bids for this project. Mayor Locklear answered that under emergency we are under the same contract with I Am Construction that Council adopted first of year. Vote by Council was 4 in favor (Hughes, Youmans, Wildi, O'Dell); 1 opposed (Remeta). Councilmember Hughes moved to send the proposal for Lovell Avenue drainage back to DPW and Water sewer committees. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Hughes read Michael "Spec" Hosti's letter of resignation from the Planning Commission. Councilmember Youmans moved to leave Planning Commission at eight members until first of year. Councilmember Hughes seconded. Vote by Council was unanimous. PUBLIC HEARINGS Mayor Locklear opened, closed and asked for any comments for each of the public hearings according to law. Attorney Tom Mahoney, III, presented the petition from Alvin Davis, DeSoto Beach Club for Site Plan Review, Commercial Height Variance and Setback variance. PIN 4 -4 -7 -1 214 Butler Avenue. Planning Commission recommended approval. Susan Dulany asked if the new building would reflect the classy older portion of the DeSoto. Councilmember Remeta moved to approve. Councilmember Youmans seconded. Vote by Council was unanimous. Mr. Rande Duke presented his petition for a minor subdivision at 6 Center Terrace, PIN 4- 5 -4 -3. Planing Commission recommended approval. Mr. Dukes said that the easement has been revised to a 15 foot easement. Councilmember Hughes moved for approval. Councilmember Youmans seconded. Vote by Council was 1 1 1 unanimous. Mr. Jeff Dickey presented a petition for a height variance of 7 feet at 1601 Chatham Avenue, PIN 4- 8 -12 -1. Planning Commission recommended approval. City Attorney Hughes stated that this is an unusual situation and he has question on the validity of the original permit of 86. Councilmember Youmans moved to approve. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember O'Dell stated that Council did not have the original plan the first time the matter came before them and that no one had a clear understanding of the situation at that time. Mr. Hugh Talcott presented Ann Talcott's, his mother, petition for a setback variance to Council. The location of the property is 7 8th Street, PIN 4- 6 -1 -4. Planning Commission recommended approval. Councilmember Remeta moved to approve. Councilmember Hughes seconded. Vote by Council was unanimous. Ms. Bonnie Gaster presented a petition for a setback variance made by Sharon Kendall, 35 Pulaski, PIN 4- 1 -1 -3. Planning Commission recommended approval. Mr. Carl Thompson said that he has no problem with the variance as long as Ms. Kendall understands that the east wall belongs to him. Councilmember Hughes moved for approval. Councilmember Wildi seconded. Vote by Council was unanimous. Zoning Administrator Angela Byers read the proposed zoning text amendment dealing with Neighborhood Marina - Hours of Operation. Planning Commission recommends denial. Tom Bradley said he would like to see the marina close early and a liquor license should never have been issued. Ms. Marion Landers, co- owner of Marlin Marina, addressed the hours of operation, stating that the proposed noise ordinance is fair enough. Ms. Linnie Youngblood, co -owner of Marlin Marina, stated that they run a respectable business, plan to keep improving. Ken Wade said that Marlin Marina is only marina on island and if they don't have restraints then it will become commercial district in a residential neighborhood. Councilmember Remeta said that he commends the owners for the upgrade of the marina. Councilmember O'Dell moved to adopt Neighborhood Marina on its first reading without the insert concerning hours of operation. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Hughes moved to have second reading tonight. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Hughes moved to adopt Neighborhood Marina on its second reading omitting the insert concerning operating hours. Councilmember Youmans, seconded. Vote by Council was unanimous. The following bills for the month of August were reviewed, found in order and recommended to be paid. Mayor Locklear said hearing no objections they stand approved. General Government - 66,929.71; Police - 66,406.81; Fire - 5,939.86; Public Works /Sanitation - 111,530.02; Environment /Community and Cultural 1 1 1 Activities - 35,211.88; Water /Sewer - 64,741.95; Fund Three - 56,307.17. Mayor Locklear called for a 15 minute break at 9:35 P.M. Councilmember Hughes moved to adopt Section 5 -2 -21 Definitions (7) Privacy Fences on its first reading. Councilmember Youmans seconded. Vote by Council was 3 in favor (Hughes, Wildi, O'Dell); 2 opposed (Remeta, Youmans). Councilmember Youmans moved to adopt Section 5 -2 -22 Storage Practices (a) Preparation of Refuse on its first reading. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember O'Dell moved to adopt Section 5 -2 -22 Storage Practices (b) Commercial Refuse on its first reading. Councilmember Wildi seconded. Councilmember Youmans said that there is no way to enforce (1) because 50% of the dumpsters are located in the rights of way. Councilmember Youmans made a amendment to the main motion by omitting (1). Councilmember O'Dell seconded. Vote by Council was unanimous. Councilmember Remeta said that he would like to postpone reading and discussion on the Outdoor Entertainment ordinance. Councilmember O'Dell moved to accept the Memorandum of Agreement with the Marine Science Center stating that it is an excellent contract protecting the City. Councilmember Wildi seconded. Councilmember Youmans said we should hold up until after the pier /pavilion final plans are in from Chatham County. Councilmember Wildi said that MSC is successful - they plan ahead. Councilmember Hughes said that she would like to see copies of minutes. Vote by Council was unanimous. Kathryn Williams announced that the Beach Sweep will be held Saturday, September 16th. Councilmember Hughes gave a report from the Council workshop on August 14 concerning the monies from the air rights and the sale of Bay Street property - 25,000.00 City Hall H /A, carpet, electric for H /A; 40,000.00 rewiring of City Hall; 41,000.00 Gym Fund. Councilmember O'Dell said to put money in bank. Councilmember Hughes said that we have 877,000.00 in reserve. Councilmember Youmans stated that the City is not in the business to save money in the bank, we need to cut taxes. Councilmember Wildi said that if a hurricane like Marilyn hits Tybee we will need a lot more money than we have in reserve.Councilmember Remeta moved to put 81,000.00 in gym fund. Councilmember Youmans seconded. Councilmember Hughes said that City Hall will not pass a fire inspection. Vote by Council was 2 in favor (Remeta, Youmans); 3 opposed (Hughes, Wildi, O'Dell). Councilmember Youmans said to spend money on emergency drainage work. Councilmember O'Dell seconded. Councilmember Remeta said if we don't take money and start gym then we won't get a gym. Councilmember Hughes amended the motion 41,000.00 gym fund and 1 1 1 40,000.00 to storm drainage, stating that Council had already passed the 25,000.00 for work at City Hall. Councilmember Youmans seconded. Vote by Council was 3 in favor (Hughes, Youmans, Wildi); 2 opposed (Remeta, O'Dell). Councilmember Youmans moved to approve a business license of a tattoo artist setting the rate at $100.00. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Remeta moved to accept the pay scales presented to Council for the employees. Councilmembers Youmans and Wildi seconded. Vote by Council was unanimous. Councilmember Youmans said that some type of scale is needed for part time employees. Councilmember Hughes motioned to approve a Resolution for the Cable Rate Agreement. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Hughes moved to deny an invoice from Marian Proper concerning a sewer line on her property. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Hughes said that the water sewer committee met and it is their recommendation that the water storage tank be placed in the 19th Street area. Sam Adams, Sprague Exley, Chris Kline spoke against the location and requested more time to explore the acquisition of the Inlet Avenue property. Josephine Doyle, Sally Keller, Judge Feiler, Larry Sprague, Ed Merves spoke against location. Irene Williams said that Adams Inn is much closer to residents who don't have a lot of money to sue. City Attorney Hughes said that tonight is not a public hearing and that decision is not based on what is heard here tonight. Councilmember Youmans motioned to approve the recommendation from the water sewer committee for the 19th Street area. Councilwoman Hughes seconded. Councilman O'Dell remarked that there is a 30- day window from the time of tonight's meeting. Councilman Remeta offered an amendment extending the window to 45 days. Councilman O'Dell accepted the proposed amendment, as did the rest of Council. The vote on the motion was 5 - 0 and the motion passed. Councilman Youmans offered a proposal from Mike Griffith for professional architectural services on a city gymnasium. Councilman Remeta seconded. Councilman O'Dell moved to table until the committee could meet and formulate a recommendation. Councilman Remeta seconded; the motion to table passed by a vote of four to one with Councilman Youmans casting the dissenting vote. City Attorney Hughes reported that the condemnation of the utility easement on the Groon property on Second Avenue is ready to go but that he is giving the realtor the opportunity to contact the owners once more. 1 1 A letter from attorney Fred Clark for Saundra Luxemburg concerning the Rosen property on 18th Terrace was read and given to the City Attorney for reply. The meeting was adjourned. James Patrick Locklear, Mayor Clerk of Council, JRB 1 1 1**14SbLifitasivafr4-%451 Salbavituristb roam 2913 Doral Drive Martinez, Ceorgla 30907 Phone: (706) 860 -5879 / Tax: (706) 868••8626 Quotation to: City of Tybee Island,GA Erojett Ref: Tax Conversion The following represents the cost and allotted time schedule for the conversion of the. City of Tybee Island, GA Tax Data from a 9 Track, 6250 bpi Magnetic Tape to ASCii file format; conversion of the ASCii data to Dbase 3+ file structures, then the building of Taxpayer records, Parcel records, and the other information necessary to create the 199513 Billing File. Contact: Vivian Maxey, MIS Director Date: 13 September, 1995 Conversion to ASCii Format by a Third Party Vendor ($ 385 Conversion Cost plus $8 per Diskette ) The tape can be converted to ASCii within 1 1/2 working days of delivery. Viper Software, Inc. Conversion Cost (approx 3000 data records) This is an estimate of 40 hours work for this conversion. $ 400 $1000 Total Cost $1400 Time Schedule - Attached Ifyott are in agreement with these dates and the cost provided, p lease sign and return this ament as soon as City oET bee Island with possible to the Fax Number listed above. As always, i look forward to helping y Y this Project. Gina'J1 Hodges Viper Software, Inc. VNUrL RAL. �A v ` 5 I Proposal No. 053 3 (. Q.1 V•e.' OA. `GS • cw S14-, a 8_l7'dtom ! • Sheet No. / Date g.. pit-Cl�' Proposal Submitted To Work To Be Performed At Street l' P1V, I-Iuien 12, i 31 1 4 a Namea Op i eP �S(q Ndt . Street -Bt./ -� City �'.S IQ r+4 State C 4 y.1�e- Date of Plans 111 f� S'e- City �9 e e. (e.y. .1 State Gt Architect 1 4 k 0-vs < • Telephone Number We hereby propose to furnish the • ',,.•.. mat rials an..erform the labor necessary for the completion of '• 1,,..4 0 1• °' �- f t 0,1 ot. votes 17 GLGCd..(-Qica,( p 051-ed alLe 1 All material is guaranteed a speci ications_ sub Itte to be as specified, and the above work to be performed in accordance with the drawings f r above work nd completed in a substantial workmanlike manner f the sum C� a �D0 ars ($ ©© Li !� with payments o be mac1� as follows Any or deviation from above �5 �Q specifications involving extra costs Respectfully submitted �/ (-6)4 • (e) - alteration ovand executed only Lima written agreements and onl become upon an strikes, , charge n over and above the estimate. All agreements contingent upon strikes, acci- P �/ dents, or delays beyond our control. Per %� ,b-J- Note — This by us if not proposal may be withdrawn accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are ; -• .ccepted. You ark uthori. Payments will be made as outlined above. O {J \ , Aso do the work as specified. ' . Site f iatufe t Y \ S Sig re ����� ' ate 9450 MADE IN USA. 0 1E1 87958 I 09450 I I II 3 1 1 1 MEMORANDUM OF AGREEMENT This Agreement made and entered into this day of 1995, by and between the City of Tybee Island, State of Georgia, hereinafter referred to as "Owner ", and the Tybee Island Marine Science Center, hereinafter referred to as the "Center ". WHEREAS, the City of Tybee Island, Georgia, Owner, owns a building now partially occupied by the Marine Science Center; and WHEREAS, the Marine Science Center provides a service to the community and an attraction to tourism, NOW THEREFORE, it is hereby agreed by the parties hereto as follows: The Center shall be allowed the use of the premises they presently occupy located at 1510 Strand for the sum of $1200.00 per year, payable on the day of of each year, during the term hereof, for a term of five (5) years, Further, Center shall have a right of first refusal for an additional five (5) year term at the conclusion of the initial term and at the conclusion of the renewed term, if any, upon such terms and conditions as might be established by the proper exercise of the right of first refusal. The Center may exercise the right of first refusal if it is not otherwise in default hereunder by giving written notice to Owner that it agrees to lease the premises on the same terms and conditions as are contained in an offer from a third party received by Owner. If the Center declines to meet the offer or fails to reply to the Owner's notice within 30 days of a notice of a third party offer(s), then Owner may accept such third party's offer. 1 The Center shall continue to use the facilities for continuing the performance of marine science educational activities for the general public. The Owner shall continue to provide operations and maintenance for those portions of the building occupied by the Owner and its employees, to wit, the lifeguard station and the public rest rooms. The Owner shall continue to provide mutually agreed services for the Center in regards to maintenance of the building. Any improvements or alterations on the premises must be approved by Owner. The Center shall throughout the term of this agreement at its own cost and without any expense to the Owner keep and maintain the premises in good, sanitary and neat order, condition and repair and shall maintain liability insurance in the amount of One Million Dollars ($1,000,000.00) covering the premises and appurtenances and the sidewalks thereto for injury to or death of any number of property damage liability persons in any one occurrence and insurance in the amount of Three Hundred Thousand Dollars ($300,000.00) and such insurance Owner against all liability assumed liability imposed by law, and shall shall specifically insure the by it hereunder, as well as any insure both the Owner and the Center and shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for the Owner and the Center. The provisions of this Memorandum of Agreement between the Owner and the Center may be abrogated by either party without cause upon six months notice to the other party. The Center shall not 1 assign, mortgage, or encumber this memorandum of agreement, nor sublet or permit the property which is the subject matter hereof or any part thereof to be used by others, without the prior written consent of Owner. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of , 1995. CITY OF TYBEE ISLAND JAMES P. LOCKLEAR, MAYOR ATTEST: JACQUELYN R. BROWN, Clerk of Council (SEAL) BY: ITS: ATTEST: TYBEE ISLAND MARINE SCIENCE CENTER STEPS ASSISTANT CLERK OF COURT /FINES & COLLECTIONS 7.53 AND PROPERTY EVIDENCE CLERK 1 2 3 4 5 6 7 8 9 10 11 12 LIGHT/MEDIUM EQUIPMENT OPERATOR 7.53 7.72 7.91 8.111 8.31 8.52 8.73 8.95 9.17 9.40 GRADE DESCRIPTION 1 JANITOR 500 5 1 5.25 5.38 5.52 5.68 5.80 5.94 6.09 6.24 6.40 6.56 SENIOR MECHANIC 7.53 POUCE CADET 5.00 5.13 5.25 5.38 5.52 5.86 5.80 5.94 6.09 6.24 6.40 6.56 7.53 COMMUNICATIONS TRAINEE 5.00 5.13 5.25 5.38 5.52 5.66 5.80 5.94 6.09 6.24 6.40 6.58 DATA CLERK 5.00 5.13 5.25 5.38 5.52 5.68 5.80 5.94 6.09 8.24 6.40 6.58 8.32 8.53 8.74 8.96 9.19 9.42 9.65 9.89 10.14 10.39 10.65 HEAVY EQUIPMENT OPERATOR 8.12 2 CARPENTER'S HELPER 5.50 5.64 5.78 5.92 6.07 6.22 6.38 8.54 6.70 8.87 7.04 7.22 8.32 MECHANIC'S HELPER 5.50 5.64 5.78 5.92 6.07 6.22 6.38 6.54 6.70 6.87 7.04 7.22 8.32 LABORER I 5.50 5.64 5.78 5.92 6.07 6.22 6.38 6.54 6.70 6.87 7.04 7.22 9 MANAGEMENT INFORMATION SYSTEMS ANALYST 8.34 3 WATER/SEWER TECHNICIAN IV 5.64 5.78 Iffillffli 9.67 6.23 6.38 6.54 6.70 6.87 7.04 7.22 7.40 8.55 LABORER II 5.64 5.78 5.93 6.07 6.23 6.38 8.54 6.70 6.87 7.04 7.22 7.40 8.55 8.76 8.981 9.21 9.44 9.67 9.91 10.16 10.42 10.68 10.94 SENIOR PATROL 0 ICER /SHIFT SUPERVISOR 7.87 4 ASSISTANT CARPENTER 6.00 6.15 6.30 8.46 6.62 6.79 6.96 7.13 7.31 7.49 7.88 8.34 ASSISTANT MECHANIC 6.00 8.15 6.30 6.46 6.62 6.79 6.96 7.13 7.31 7.49 7.68 7.87 LABORER III 6.00 6.15 6.30 6.48 6.62 8.79 8.96 7.13 7.31 7.49 7.68 7.87 8.77 8.99 9.21 9.44 9.68 9.921 10.17 10.421 10.69 10.95 11.23 11.51 CRIMINAL INVESTIGATOR 8.77 5 CARPENTER 6.15 6.30 6.48 6.62 6.79 6.96 7.13 7:31 7.49 7.88 7.87 8.07 8.99 MECHANIC 6.15 6.30 6.46 6.62 10.42 6.96 7.13 7.31 7.49 7.68 7.87 8.07 8.99 CASHIER /CLERK I 6.15 6.30 6.46 6.62 10.421 8.96 7.13 7.31 7.49 7.68 7.87 8.07 8.99 COMMUNICATIONS OFFICER 6.15 6.30 6.46 6.62 6.79 8.96 7.13 7.31 7.49 7.68 7.87 8.07 8.99 RECORDS CLERK I 6.15 6.30 6.46 6.62 6.79 6.96 7.13 7.31 7.49 7.68 7.87 8.07 WATER /SEWER TECHNICIAN III 6.15 6.30 6.48 6.62 8.79 6.96 7.13 7.31 7.49 7.68 7.87 8.07 10.13 10.38 10.641 10.91 11.18 11.46 11 74 12.04 12.34 12.65 12.96 ASSISTANT PUBLIC WORKS SUPERINTENDENT 9.88 6 LANDSCAPING TECHNICIAN 7.15 7.33 7.51 7.70 7.89 8.09 8.29 8.50 8.71 8.93 9.15 9.38 10.13 PARKING ENFORCEMENT OFFICE ADMINISTRATOR 7.15 7.33 7.51 7.70 7.89 8.09 8.29 8.50 8.71 8.93 9.15 9.38 10.13 SENIOR COMMUNICATIONS OFFICER 7.15 7.33 7.51 7.70 7.89 8.09 8.29 8.50 8.71 8.93 9.15 9.38 7 ASSISTANT CLERK OF COURT /FINES & COLLECTIONS 7.53 AND PROPERTY EVIDENCE CLERK 7.72 7.91 8.11 8.31 8.52 8.73 8.95 9.17 9.40 9.64 9.88 LIGHT/MEDIUM EQUIPMENT OPERATOR 7.53 7.72 7.91 8.111 8.31 8.52 8.73 8.95 9.17 9.40 9.64 9.88 SENIOR CARPENTER 7.53 7.72 7.91 8.11 8.31 8.52 8.73 8.95 9.17 9.40 9.64 9.88 SENIOR MECHANIC 7.53 7.72 7.91 8.11 8.31 8.52 8.73 8.95 9.17 9.40 9.64 9.88 RECREATION SUPERVISOR 7.53 7.72 7.91 8.11 8.31 8.52 8.73 8.95 9.17 9.40 9.64 9.88 8 CITY MARSHAUCODE ENFORCEMENT OFFICER 8.12 8.32 8.53 8.74 8.96 9.19 9.42 9.65 9.89 10.14 10.39 10.65 HEAVY EQUIPMENT OPERATOR 8.12 8.32 8.53 8.74 8.98 9.19 9.42 9.65 9.89 10.14 10.39 10.85 POUCE OFFICER 8.12 8.32 8.53 8.74 8.98 9.19 9.42 9.65 9.89 10.14 10.39 10.65 WATER/SEWER TECHNICAN II 8.12 8.32 8.53 8.74 8.96 9.19 9.42 9.65 9.89 10.14 10.39 10.65 9 MANAGEMENT INFORMATION SYSTEMS ANALYST 8.34 8.55 8.76 8.981 9.21 9.44 9.67 9.91 10.16 10.42 10.68 10.94 MASTER CARPENTER 8.34 8.55 8.76 8.981 9.21 9.44 9.67 9.91 10.18 10.42 10.68 10.94 MASTER MECHANIC 8.34 8.55 8.76 8.981 9.21 9.44 9.67 9.91 10.16 10.42 10.68 10.94 SENIOR PATROL 0 ICER /SHIFT SUPERVISOR 8.34 8.55 8.76 8.981 9.21 9.44 9.67 9.91 10.16 10.42 10.68 10.94 WATER /SEWER TECHNICIAN I 8.34 8.55 8.76 8.981 9.21 9.44 9.671 9.91 10.16 10.42 10.68 10.94 10 CLERK OF COURT /OFFICE MANAGER 8.77 8.99 9.21 9.44 9.68 9.921 10.17 10.421 10.69 10.95 11.23 11.51 CRIMINAL INVESTIGATOR 8.77 8.99 9.21 9.44 9.68 9.92 10.17 10.42 10.69 10.95 11.23 11.51 GENERAL FOREMAN 8.77 8.99 9.21 9.44 9.68 9.92 10.17 10.42 10.69 10.95 11.23 11.51 PARKING ENFORCEMENT SUPERVISOR 8.77 8.99 9.21 9.44 9.68 9.92 10.17 10.421 10.69 10.95 11.23 11.51 POLICE CORPORAL 8.77 8.99 9.21 9.44 9.68 9.92 10.17 10.42 10.69 10.95 11.23 11.51 ZONING ADMINISTRATOR 8.77 8.99 9.21 9A41 9.68 9.92 10.17 10.42 10.69 10.95 11.23 11.51 11 ACCOUNTS PAYABLEIPAYROLL /UTILITYCLERK 9.88 10.13 10.38 10.641 10.91 11.18 11.46 11 74 12.04 12.34 12.65 12.96 ASSISTANT PUBLIC WORKS SUPERINTENDENT 9.88 10.13 10.38 10.641 10.91 11.18 11.46 11.74 12.04 12.34 12.65 12.96 ASSISTANT WATER /SEWER SUPERINTENDENT 9.88 10.13 10.38 10.64 10.91 11.18 11.46 11.74 12.04 12.34 12.65 12.96 COMMUNICATIONS SUPERVISOR /TECHNICAL AGENCY COORDINATOR 9.88 10.13 10.38 10.64 10.91 11.18 11.48 11.74 12.04 12.34 12.65 12.96 MANAGEMENT INFORMATION SYSTEM COORDINATOR 9.88 10.13 10.38 10.641 10.91 11.18 11.46 11.74 12.04 12.34 12.65 12.98 POUCE SERGEANT 9.88 10.13 10.38 10.641 10.91 11.18 11.46 11.74 12.04 12.34 12.65 12.98 _ 12 CITY TREASURER 11.48 11.77 12.08 12.361 12.67 12.99 13.31 13.65 13.99 14.34 14.70 15.08 CLERK OF COUNCIUPERSONNEL ADMINISTRATOR 11.48 11.77 12.08 12.361 12.67 12.99 13.31 13.85 13.99 14.34 14.70 15.06 POLICE LIEUTENANT 11.48 11.77 12.06 12.361 12.67 12.99 13.31 13.85 13.99 14.34 14.70 15.06 13 POUCE CAPTAIN 11.77 12.06 12.37 12.68 12.99 13.32 13.65 13.99 14.34 14.70 15.07 15.44 14 POUCE MAJOR /ASSISTANT CHIEF 12.07 12.37 12.68 13.001 13.32 13.66 14.00 14.35 14.71 15.07 15.45 15.84 PUBLIC WORKS SUPERINTENDENT 12.07 12.37 12.68 13.001 13.32 13.66 14.00 14.35 14.71 15.07 15.45 15.84 WATER/SEWER SUPERINTENDENT 12.07 12.37 12.68 13.001 13.32 13.66 14.00 14.35 14.71 15.07 15.45 15.84 15 CHIEF OF POLICE 12.37 12.68 13.00 13.32 13.65 14.00 14.35 14.70 15.07 15.45 15.83 18.23 18 CITY ADMINISTRATOR 13.00 13.33 13.66 14.00 14.35 14.71 15.08 15.45 15.84 16.24 16.64 17.06 VitMIP% PREADS/EMPcLASS.WKt @ 1.025% INCREMENTS 1 1 1 AGREEMENT This Refund and Rate Agreement ( "Agreement ") entered into August , 1995 between the City of Tybee Island (the "City ") and U.S. Cable Corporation ( "U.S. Cable "). WHEREAS, U.S. Cable provides cable television service to the City; and WHEREAS, the Federal Communications Commission ( "FCC ") has adopted rules for the regulation of cable television rates, and the City has certified with the FCC to regulate basic cable service rates and associated charges of U.S. Cable; and WHEREAS, the City has reviewed the basic tier rates that U.S. Cable charged to subscribers between September 1, 1993 and the date of this Agreement; NOW THEREFORE, City and U.S. Cable hereby agree as follows: 1. Within 60 days of this Agreement (hereafter referred to as the "Refund Date "), U.S. Cable shall refund $6.37 to each basic service tier subscriber of record in the City. 2. As of the Refund Date, U.S. Cable shall cease charging a monthly fee for additional outlet connections used to receive basic service or cable programming tier service. 3. The City agrees that U.S. Cable's current rates for basic service and associated installation and equipment rates, in combination with the refunds and additional outlet rate reduction U.S. Cable has agreed to implement, are permissible, and that the payment by U.S. Cable of the amount specified in paragraph 1 above shall constitute full satisfaction by U.S. Cable of any refunds payable to basic tier subscribers in the City attributable to the provision of basic tier service between September 1, 1993 and the Refund Date. Specifically,. the City approves the following rates: 1 Charge Type: Permitted Rate -- Hourly Service Charge $35.04 - - Unwired Homes 70.07 - - Prewired Homes 35.04 - - Prewired Additional Connections (at initial installation) -8.76 - - Unwired Additional Connections (at initial installation) 17.52 -- Additional Connections (separate trip) 35.04 -- Relocate outlet (at initial installation) 17.52 -- Relocate outlet (separate trip) 35.04 -- Seasonal Installation (six month or less) 17.52 -- Maintenance Plan 1.00 Changing Tiers: -- Addressable (No Truck Roll) -- Non - Addressable (Truck Roll) $ 2.00 35.04 Lease of Customer Equipment: -- Remote Control $ 0.43 /mo. - - Converter $ 1.33 /mo. -- Additional Outlet No Charge 4. This Agreement does not constitute any agreement by the City to forbear from regulating U.S. Cable's basic tier rates, or from filing a rate complaint at the FCC with regard to U.S. Cable's cable programming service tier rates, after the date of this Agreement. 5. U.S. Cable agrees that it shall not seek to raise its rates for the basic tier prior to April 1, 1996. The amount of any rate increase that U.S. Cable may seek after April 1, 1996 shall comply with the FCC rate regulations in effect at that time, and the City shall have the right to review, pursuant to the FCC Rules, the reasonableness of the increase. The City and U.S. Cable agree that U.S. Cable's first proposed rate increase after the date of this Agreement shall be based upon a transition rate for the basic tier of $9.59. Upon completion of its review under this paragraph 5,' the City agrees that it will not seek any refunds for the period of time preceding the Refund Date. 6. The City agrees that it will not adopt a Basic Tier rate order after the date of this Agreement with respect to rates in effect between September 1, 1993 and the Refund Date. 7. The parties agree that by their execution below, they each accept the validity and reasonableness of the provisions of this Agreement and waive any rights they have to assert that this Agreement is not consistent with applicable law. To the extent that any provision of this Agreement is held to be invalid or unenforceable, the parties shall use good faith efforts to modify 1 1 the Agreement in a manner that accomplishes the intent of the parties as set forth herein. 8. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same document. ACKNOWLEDGED AND AGREED TO: CITY OF TICE - IISLAND U.S. CABLE CORPORATION By: Title: Date: