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HomeMy Public PortalAbout19970213CCMeeting1 1 1997- 02 -13. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, February 13, 1997 in the City Hall Auditorium. Mayor Walter W. Parker presided over the meeting with the following members of Council present: Ed Merves, Jack Youmans, William Remeta, Michael A. Hosti, and Mallory Pearce. City Attorney Edward Hughes and City Manager Farmer were also present. Mayor Parker asked Reverend Edna Adkins to give the invocation with the Pledge of Allegiance being recited afterwards. Mayor Parker announced that we have a large agenda and that to please keep comments brief. Mr. Chuck Watson explained to Council the grant from USGS stating that the main focus of the grant would be for coastal data management and that the information would have to be used and not set on a shelve or just sitting in a computer. Mr. Watson is asking that the City contribute $10,000. cash, $5,000. of this would be returned to the Marine Science Center with a model on computer to show you what would happen if you add a groin or add sand for renourishment. Pearce asked Mr. Watson to give again to Council his background. Mr. Watson said that he works on erosion projects from Estille Island to Florida. This is a big picture view of the problem areas. Wildi asked if he presented Council with a similar proposal last year. Mr. Watson said yes, for $14,000, but this would be putting data on line, reduce engineering studies and plus be educational for the public. Hosti said that the money could come out of the Local Option Sales Tax Fund under beach renourishment. Mrs. Rowena Fripp said that the City might need formal permission from the Chatham County Commissioners because they control the money. Pearce said that this is a new grant and that Tybee would have the distinction of being the first, and that he had talked with Representative Jack Kingstons' office and he would write a letter in support of the grant. Mr. Watson said that if the grant is approved that there would be a lot of potential for further funding. Mr. Jeff Mosely asked Council permission to hold surfing contests on the following dates: March 1 and 2, 15 and 16, 29 and 30; April 12 and 13, 19 and 20, 26 and 27; May 10 and 11, 17 and 18, 31 and the 1st of June. Remeta said that Mr. Mosely is doing a great job and there has been no problem with the surfers. Mayor Parker opened the Public Hearing on the water storage tank location stating that most people know the ins and outs of each location and that 10 minutes would be allotted for each site for discussion. Mr. Johnny Jarvis said that we have heard all about the water tank and that the tank should go on 19th Street and Butler Avenue as the City owns the property. Mr. Sam Adams said that Sprague Exley was out of town and that Council had a letter from the South End Neighborhood Association stating the reasons why the tank should not go on 19th Street and Butler 1 1 1 Avenue. (copy attached and becomes part of these minutes. Those speaking against the 19th Street and Butler Avenue location were Bob Handeman, Harold Heymen, Brenda Henderson, Elizabeth Adams, and Sallie Keller. Speaking in opposition of the Memorial Park location were Howard Arata, Dave Welker, and Greg Fowler. Speaking against the Lovell Avenue and 14th Street site was Ralph Rawls. Mr. Henry Levy said that he was a new citizen of the island but has been coming down for the past 60 years. The further north you place the tank you are putting citizens at risk. Mr. Levy begged Council to give us a water tank. Mr. John O'Neill said that we have heard arguments for and against where to put the water tower but we need to do what is best for Tybee environmentally, aesthetically, and functionally. A lady from the audience asked why the tank could not be placed at the present location on 2nd Street. Youmans answered that it is not feasible, there is a well on that property and it is out of the question to put the new tank there. Mr. Steve Farley said that because of the aquifer that the tank should be as far apart as possible in order to have fresh water. On the subject of children climbing on the water tank Mr. Bert Trappini said that he sees no problem. Mayor Parker said that a fence would be around the surface area. Remeta asked that Mr. Bill Lovett, engineer from Hussey, gay Bell and DeYoung, come forward and tell why it is not feasible to put the tank on the present location and do we need to connect the tank before constructing the new tank? Mr. Lovett said it would cost about $240,00 to connect the tanks with a 12 inch line, they are connected now with a small line. Mr..Lovett said that the old tank should be in service until you get the new tank constructed, stating that he does not know what problem would occur. Remeta asked how long would the new tank last the City. Mr. Lovett said that a 150,000 gallon tank should serve the system for about 20 years. Remeta asked about the 250,000 gallon proposed tank at the south end, would it last 100 years? Mr. Lovett could not answer that question. Mr. Levy said that most of the houses on Tybee have shallow footings and isn't it true that with a storm surge the only thing left standing would be Fort Pulaski, the north end bunkers and the water tank. Mr. Lovett answered that if we had that degree of storm surge that nothing would be left of Tybee and we could start all over. Dr Owen O'Shaunsey offered the location behind his office as a possible site for the tank stating that it is in a commercial district, and one of the highest elevations on the island. Mr. Youmans said that neighbors had come to Council to complain about the Adams Inn location. Mayor Parker closed the hearing. Mayor Parker asked the Beautification Committee to come forward announcing that they had won first place in the Georgia Clean and Beautiful Awards Program. Mayor Parker opened and closed the following public hearing according to law. Mr. Rande Duke petitioned Council for a 2 foot height variance in order to build a over and under duplex on his property on Center Terrace. Mr. Duke said that he is in a V -8 zone and because he has to follow FEMA rules and regulations it is a hardship. Pearce asked about the hardship and the setbacks. Mr. Duke said that on the setback that he had added extra footage 1 1 in order to go up in height. Youmans said that anything over 35 feet has to be sprinkled. Zoning Administrator Byers said that comes in under the life safety codes. Mr. Dukes said that he can sprinkle. Ms. Carl Fine Paul spoke in favor of the variance. Mayor Parker asked the opinion of the Fire Chief. Chief Brown said that he had not seen the plans. Ms. Sallie Keller presented a petition to Council for a minor subdivision for two lots at 1615 Chatham Avenue stating that Council had approved a subdivision at the same location for three lots a few years ago but that the plat was never recorded. Mayor Parker asked if the square footage met requirement for our code? Ms. Byers said yes, that the front lot is big enough for single family, and the other large enough for a duplex. Mr. Paul Jackson presented Council with his final plat for approval stating that there was no change. Pearce asked if it showed the trees? Mr. Jackson answered yes. Remeta asked about the drainage off to the bridge side of the creek. Mr. Jackson said DOT would not allow him to pipe it. Mayor Parker opened the meeting for business legally presented. Remeta moved to approve the dates for the surfing contests. Pearce seconded. Vote by Council was unanimous. Pearce moved to approve the $10,000. for the USGC grant. Merves seconded. Hosti said that it would not cost Tybee anything because the money would come from the LOST Beach Renourishment Fund. Youmans spoke against stating that we are paying Olsen & Associate $78,000. to monitor the beach to satisfy the Federal and State because of the funding for the beach renourishment. Youmans said that sometimes it is better not to know because then you are liable. Remeta said that he backs Youmans up, the grant sounds good but we have other things that we need, later on in the agenda we will be discussing employee wages. Pearce said that it would pay Tybee back in a number of ways. Study would tell us what we need to do. Kingston will support the grant application. We would have a computer system at the Marine Science Center for education and it will bring prestige to Tybee.Vote by Council was 4 in favor of the grant of $10,000 (Merves, Hosti, Wildi, Pearce); 2 oppose (Youmans, Remeta). Pearce asked Mr. Lovett to answer two questions 1. alternative system like Savannah, 2. replacing the old tank with the new tank at same location. Mr. Lovett said that Savannah is run by pressure sensor devices and that they do have one or two above ground tanks. Savannah has a 5,000,000 gallon ground storage tank in Daffin Park with a telemetry person sitting watching dials, cutting off and on 24 hours a day. This would not be cost efficient for Tybee. For 2nd Street you would need at least a 150 thousand gallon tank if you connect the tanks with a 12 inch line, existing tank is 100,000 gallons. Contractor might have a problem - no way to know until you do it. You would spend about $100,000. for a portable storage tank during construction and you would not get it back. Mayor Parker said that the existing tank is on four legs and we are going with a pedestal tank. Mr. Lovett said that there would be a pile ring around the pedestal. Remeta asked about the cost of a study. Mr. Lovett said that borings to discover where the existing piling are located 1 1 1 would be needed. Youmans moved to place the tank on the site at 19th Street and Butler. Remeta seconded. Voting in favor were Youmans, Remeta, Wildi; against were Merves, Hosti, Pearce. Mayor Parker broke the tie by voting against the location. Pearce moved to explore the Lovell Avenue and Tybrisa site. Merves seconded. Voting in favor were Merves and Pearce; against were Youmans, Remeta, Hosti and Wildi. City Attorney Hughes explained about the Memorial Park site stating that the area was designated as recreation and park use on a map that pre -dates the incorporation of the City of Tybee in 1887 and that a deed has not been found. Would have to go back to the Kings Grant and come forward. Pearce moved to place the water storage tank at the present site on 2nd Street. Hosti seconded. Youmans said to keep in mind that not only Hussey, Gay Bell and DeYoung but also Thomas and Hutton said that tank should go at the south end of island. Vote by Council was 4 in favor (Merves, Hosti, Wildi, Pearce); 2 opposed (Youmans, Remeta). Mr. Lovett asked if we can investigate a 150,000 gallon tank and connect the tanks with a 12 inch line. Remeta moved to approve the 2 foot height variance petitioned by Mr. Rande Duke. Youmans seconded. Vote by Council was 5 in favor (Youmans, Remeta, Hosti, Wildi, Pearce); 1 opposed (Merves) . Remeta moved to approve the minor subdivision petitioned by Ms. Sallie Keller. Youmans seconded. Vote by Council was unanimous. Youmans moved to approve the final plat presented by Mr. Paul Jackson. Remeta seconded. Vote by Council was unanimous. Farmer asked since this is a private subdivision who will maintain the streets, drainage and the water and sewer. Mr. Jackson said that he has a maintenance bond for 1 year and then it will be the home owners. Farmer asked if this wording will be on the plat. Hughes said that nothing is dedicated to the City. Ms. Byers answered nothing is dedicated. Pearce moved to accept the January minutes of the three meetings. Hosti seconded. Vote by Council was unanimous. Mayor Parker read the bills and stated hearing no objections they stand approved. Pearce moved to accept the contract with Tax Commission Danny Powers and Chatham County for collection of the Tybee taxes. Wildi seconded. Vote by Council was 3 in favor (Merves, Wildi, Pearce); 3 opposed (Youmans, Remeta, Hosti). Mayor Parker broke the tie by voting in favor of the contract. Pearce moved to do salary adjustment in stages beginning with $50,000. and direct allocation in a fair and equitable way with special attention to the lower end of pay scale but not restricted to the lower scale employees. Merves seconded. Remeta made an amendment stating that the middle stage will be looked at in June and the upper level in September. Youmans seconded. Vote on the amendment was 2 in favor (Youmans, Remeta); 4 opposed (Merves, Hosti, Wildi, Pearce). Vote on the main motion by Council was 5 in favor ( Merves, Remeta, Hosti, Wildi, Pearce); 1 opposed (Youmans). Youmans said that $50,000. is not enough money. City Manager Farmer gave an information report to Council on 1 1 1 the changes to the zoning and inspection departments and the statistical reports from each department. It was explained to Council why there are three more personnel at City Hall than in 1995. Youmans asked why Rouse was being paid out of water sewer fund when he is doing general fund work. Farmer will look into this issue for Youmans. Youmans said due to the fact that it was voted on to place the new tank on the present location that we need to stop the emergency work. Mr. Lovett said that he would not recommend to stop the emergency repair work because the City has been notified in writing about the shape the tank is in at the present time. Construction of the new tank would not begin before six months. Youmans rescinded his motion. Remeta removed the stenographer for Council meeting from the agenda. Pearce moved to approve the Alcohol Beverage License for the Big Kahuna at 1607 Strand petitioned by Ms. Sally O'Connor. Wildi seconded. Vote by Council was unanimous. Pearce moved to adopt the Resolution for Business Retention and Expansion Process. Wildi seconded. Vote by Council was unanimous. Pearce moved to adopt the resolution for Chatham County Board of Elections to superintend our November elections. Wildi seconded. Vote by Council was unanimous. Pearce moved to accept Title 200 Retirement Plan, article III Participation, Section 6 City Manager on its second reading with more input from City Attorney Hughes. Wildi Seconded. Vote by Council was unanimous. Pearce moved to accept Section 9 -1 -5 Beach Rules and Regulation on its second reading. Wildi seconded. Vote by Council was 5 in favor (Merves, Remeta, Hosti, Wildi, Pearce); 1 opposed (Youmans) . As there was no further business to come before Council the meeting wa adjourned. Mayor Walter W. Parker GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER February 7, 1997 Ms. Kathryn Williams Tybee Beautification Post Office Box 1005 Tybee Island, Georgia 31328 Dear Ms. Williams: Zell Mille GOVERNOR Congratulations to you and Tybee Beautification Association for winning first place in the 1997 Georgia Clean and Beautiful Awards Program. Your entry was chosen by the panel of judges from an impressive field of applications, and you can take pride in this well deserved recognition. Your award will be presented at the Department of Community Affairs' Georgia Clean and Beautiful Awards Luncheon on Thursday, March 13, 1997, in the Thomas B. Murphy Ballroom of the Georgia World Congress Center in Atlanta. We will mail you a complimentary reservation and hope that you will be able to join us at the luncheon to accept your award. Your entry will be displayed at the event, and you may pick it up after the luncheon. To help us plan for the awards ceremony, please let us know if there are any changes or additions to who will be accepting the award. If you have any questions, please call our Georgia Clean and Beautiful staff at (404) 679 -3152. Again, congratulations on your award and exemplary efforts. We look forward to seeing you on March 13. JH:lct cerely, 'gd n C. missioner Recycled Paper 60 Executive Park South, N.E. • Atlanta, Georgia 30329 -2231 • (404) 679 -4940 An Equal Opportunity Employer EQUAL HOUSE40 OPPO TmNm ARMSTRONG I STATE COLLEGE Known as Armstrong Atlantic State University To: From: Date: Subject Department of Chemistry, Physics, and Engineering Studies Direct: 921-7332 Fax: 921 -5587 e-maii:cluis_schubenh@mailtrare.armstrong.edu Letter of Support Mayor and Council City of Tybee Island Christopher J. Schuberth Professor of Geology, Armstrong 10 February 1997 NSDI Grant Proposal tiantic State University (AASU) This letter is in support of the proposed action plan. A Systemic Ant?rcach to the Constructive and Destructive Shoreline Processes alma the Tvbee Coast by Anoiving High Technoloav Geosvatiai Data. This grant proposal. which requires a letter of intent of providing S l0.CCO in cash support by the City of Tybee Island and establishes a three - partner collaboration. will benefit its citizens through: • Cash funding in the maximum amount of 340.0Cfl to carry out the action plan that comes directly from the United States Geological Survey (USGS): • In -kind contributions committed by AASU to establish a searchable electronic clearinghouse node at the Univerisity that is to be located in the Department of Chemistry. Physics, and Engineering Studies: • Developing a program that integrates ail pertinent electronic geospatial data available through the National Oceanic and Atmespneric Administration ( NOAA ), USGS, and other federal agencies per compliance with USGS Grant guidelines: • Establishing a user - friendly Internet workstation at the Marine Science Center accessible to teachers, schoolchildren, and general public that is linked to the AASU node, a direct return of $5,000 from the $10,000 cash support from the City of Tybee Island: • Attempting to determine cause and effect relationships in the complex sand - sharing system that typically define barrier island morphology and dynamics; • Developing predictive models with a high probability of accuracy to identify the impact of proposed engineering projects within the littoral system reducing chances for possible litigation when unexpected and unwanted responses occur in shorefront dynamics: • Reducing engineering costs as a consequence of projects that are predicted to be successful as opposed to those engineering projects carried out without the certainiry of success or failure. As you all know, I chair the Beach Erosion Task Force and. as a professional geciogist. speak from a position of familiarity with the dynamics of open coast sand beaches. 1 ask that you view this project with favor. _`.tr. _ _ :i'::it: ail. L'e r : i _ . 1 1 1 06/1997 07:53 912 -921 -5587 DIU OF CUR & INST PAGE 02 75) s�2G 2 Coastal Processes and Their Meets O11 Tybee fibroid Title of Rction Plan: A Systemic Approach to the Constructive and Destructive Shoreline Processes along the Tybee Coast by applying High Technology Geospatial Data Description of Action Plan: Coastal areas face numerous conflicts in the management of sensitive coastal resources. Understanding both natural and anthropogenic change in these areas is dependent on having ready access to historical and current data. Testing predictive models of coastal change requires a consistent and well- documented baseline data base. This project will create for the United States Geological Survey (USGS) a level D2 National Digital Spatial Data Infrastructure (NSDI) node of the data collected in various formats by the participants for the coastal Georgia area. This node is to be located at Armstrong Atlantic State University (AASU). Local access to the node will be through a work station located at the Tybee Marine Science Center (TMSC). As part of establishing the node, the data will be used in the following five initial applications: • Testing the use of NSDI node in a predictive model of shoreline responses to the coastal erosional /accretional processes along the totalTybee Island shoreline; • Developing a module to be located at AASU and TMSC in the use of NSDI by science teachers and students that applies through science lessons conclusions reached from the data base; • Rppiying the NSDI node for the education of both public officials aand the general public at the local, county -wide, aand state -wid levels as to the history of the coast; • Reducing shoreline engineering maintenance costs; • Encouraging additional State and Federal funds to flow into Tybee Island needed to mitigate the naatural shoreline processes based on the baseline data. Collaborating Agencies: (1) Armstrong Atlantic State University. Serves as the lead agency to collaborate in all educational and outreach activities. 1 1 1 ,06/1997 07:53 912 - 921 -5587 - DIV OF CUR & INST PA-GE- 03 (2) Watson Technical Consulting. Serves as node developer all technical applications required by the action plan. (3) City of Tybee Island. Serves as the end -user of NSDI data required by the grant to be a sponsoring agency. Budget: Expenses: Cash Expenditures: CCW Travel /Publications TMSC Workstation AASU Admin Overhead Data Conversion (WTC) Node Development Model Interface Model Testing AASU Ethic. Outreach Cash Outlays Total In -Kind Expenditures: AASU Internet Site (primary) AASU Co- Principal Salary AASU Co- Principal Travel AASU Student Assistants WTC Addn Data Collect /Verif Tybee Workshop In -Kind Total Project Cost Fending: USGS City of Tybee Island (CASH) City of Tybee Island (1n-Kind) AASU (In -Kind) WTC (In -Kind) and the integration of generated and is the $ 2,000.00 $ 5,000.00 Multimedia workstation w/ AASU link $ 5,000.00 10% of funds overhead admire costs $ 10,000.00 (25 working days @WTC gov rate 400 /dy $ 12,000.00 (30 working days @WTC gov rate 400 /dy $ 4,000.00 (10 working days @WTC gov rate 400 /dy $ 6,000.00 (15 working days @WTC gov rate 400 / dy $ 3,000.00 Creating materials, linking groups, etc. $ 50,000.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 3,000.00 $ 10,000.00 $ 1,000.00 $ 31,000.00 $131,0119.011 $ 40,000.00 $ 10,000.00 $ 1,000.00 $ 15,000.00 $ 15,000.00 2 1 x/06/1997 07:53 912 - 921 -5587 DIV OF CUR & INST PAGE U4 Total Funding $ 81,110O.00 Federal Share 49% Tybee Share 14% AASU receives: $ 8.004.00 WTC receives: $ 32,000.00 Point of Contact: Prof. Christopher J. Schuberth, AASU Co-Principal Investigator, Education and Outreach Applications Voice: 921 -7332 Fax: 921 -5587 Other Personnel: Charles C. Watson, Jr, Co- Principal Investigator, Technical Applications and Node Development Voice: 826 -4462 Fax: 826 -4529 Bill Farmer, City Manager City of Tybee Island Voice: 786 -4573 Fax: 786 -5737 a 3 1 1 Bills for the Month of January 97 General Government 60,006.97 Police 137,642.35 Fire 7,455.10 Public Works 88,247.40 Sanitation 4,585.54 (Waste Management bill not included) Recreation /Lifeguard Parking Water Sewer Fund Three Beach Renourishment 17,559.50 57,851.26 26,443.08 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) ) AGREEMENT ..L THIS AGREEMENT made and entered into this /5 rA day of neu4 mh0 and between THE CITY OF TYBEE ISLAND, GEORGIA, d�, 199 f�, by hereinafter sometimes called "City ", and DANIEL T. POWERS, in his capacity as Tax Commissioner of Chatham County, Georgia, hereinafter sometimes called "Tax Commissioner ". W I T N E S S E T H: WHEREAS, the City desires to enter into a contract with the Tax Commissioner, for the purpose of his overseeing the collection of tax monies on behalf of the City of Tybee Island; and WHEREAS, the Tax Commissioner will oversee all collection efforts on behalf of the City for city taxes; and WHEREAS, entering into this Agreement would be beneficial to the taxpayers of the City and result in less monies expended by the City for the purposes of tax collection thus freeing the City of Tybee Island staff employees to perform other needed tasks; and WHEREAS, entering into this Agreement efficient tax collection process; NOW THEREFORE, the City and Tax Commissioner have entered into this Agreement in the consideration of the mutual covenants hereinafter set forth and for other good and valuable considerations, and agree each with the other as follows: would allow for a more 1 1 1. Upon the millage rate being set each year, Tax Commissioner shall prepare the tax digest for the City, based upon the millage rate as fixed and determined by the governing body of the City of Tybee Island, levy, assess and collect all taxes for City in the same manner as taxes for Chatham County are levied, assessed and collected, apply and invoke any remedies, methods and procedures authorized and /or permitted by law for collection of City taxes, account for and remit to City all taxes collected in a reasonable and timely manner after the date of collection, oversee all City tax collection, billing, delinquent collections and all other mattes regarding the collection of City taxes and perform such supervisory duties as required in connection with that Agreement of even date herewith between Chatham County and the City of Tybee Island regarding the collection of City taxes and by reference hereto a part hereof as Exhibit "A ". 2. In consideration of the above and the duties and supervisory obligations of Tax Commissioner, the City shall pay to Tax Commissioner the sum of $2.75 for each parcel of real estate or a bill of personalty for which a tax bill is issued by the Tax Commissioner. 3. All payments required by the above paragraph shall be paid by the City on or before September 1, 1997, for the purposes of collecting 1997 City taxes and on said date of each successive year in which this Contract remains in force. - 2 - 1 1 4. This Agreement shall commence on January 2, 1997, and shall terminate on December 31, 1997. However, this Agreement shall be automatically renewed on an annual basis unless either party notifies the other party in writing of its wish to terminate this Agreement not less than sixty (60) days prior to December 31, 1997 or any subsequent year in which the contract is in effect. Such written notices shall be mailed, Certified Mail, Return Receipt Requested, if to the City: City Manager City of Tybee Island Post Office Box 3 Tybee Island, Georgia 31328 and if to Tax Commissioner: Chatham County Tax Commissioner Room 109, Chatham County Courthouse Post Office Box Savannah, Georgia 31412 with a copy to: Chairman Chatham County Board of Commissioners Post Office Box 8161 Savannah, Georgia 31412 5. It is the intention of the parties that the laws of Georgia shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights or duties of the parties. 6. In the event any provision or portion of this Agreement is held by any court of competent jurisdiction to be invalid or - 3 - 1 1 1 unenforceable, such holding shall not affect the remainder hereof and the remaining provisions shall continue in full force and effect to the same extent as would have been the case had such invalid or unenforceable provision or portion had never been a part hereof. 7. On and after the date of this Agreement, both parties shall, at the request of the other, make, execute and deliver or obtain delivery all instruments and documents and shall do or cause to be done all such other things which either party may reasonably require to effectuate the provisions and intentions of this Agreement. 8. Time is and shall be of the essence of this Agreement. 9. The parties signing this Agreement hereby state that they have the authority to bind the entity on whose behalf they are signing. 10. This Agreement supersedes all prior discussions and agreements between the parties and except for said Exhibit "A" this Agreement contains the sole and entire understanding between the parties with the respect to transactions contemplated by this Agreement and all promises, inducements, offers, solicitations, agreements, representations and warranties heretofore made between the parties, if any, are merged into this Agreement. This Agreement shall not be modified or amended except by written instrument executed by or - 4 - 1 1 1 on behalf of the parties in the same manner in which this Agreement is executed. 11. This Agreement shall be binding upon the parties their successors in office. hereto and 12. Words of any gender used in this Agreement shall be construed to include any other gender, and words of a number shall be held to include the plural, and vice -vers the context requires otherwise. held and singular a, unless 13. Each and every exhibit referred to or otherwise mentioned in this Agreement is attached to this Agreement and is and shall be construed to be made a part of this Agreement by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each exhibit were set forth in full at length every time it is referred to or otherwise mentioned. 14. All reference to paragraphs or subparagraphs shall be deemed to refer to the appropriate paragraph or subparagraph of this Agreement. Unless otherwise specified in this Agreement, the terms "herein ", "hereof ", "hereinafter ", "hereunder" and other terms of like or similar import, shall be deemed to refer to this Agreement, as a whole, and not to any particular paragraph or subparagraph hereof. - 5 - 1 1 15. Except as expressly limited by the terms of this Agreement, all rights, powers and privileges conferred hereunder shall be cumulative and not restrictive of those provided at law or in equity. CITY COUNCIL OF TYBEE ISLAND, GEORGIA By: Walker Parker, Mayor Attest` \1 6 . Brown, er CHAT COUNTY TAX COMMISSIONER Daniel T' Powers Chatham County Tax Commissioner 1 1 EXHIBIT "A" A G R E E M E N T GEORGIA, CHATHAM COUNTY THIS AGREEMENT made and entered into this day of December, 1996, by and between Chatham County, Georgia, by and through its Board of Commissioners, hereinafter sometimes referred to as "County, and the City of Tybee Island, Georgia hereinafter sometimes called "City ", and approved and consented to by Daniel T. Powers in his capacity as Tax Commissioner of Chatham County, Georgia hereifafter sometimes called "Tax Commissioner" W I T N E S S E T H: WHEREAS, the General Assembly of the State of georgia enacted Code Section 48- 5- 359.1(a), providing as follows: That any County and any municipality wholly located within such County may contract, subject to approval by the Tax Commissioner of the County, for the Tax Commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as County taxes; and, for the purpose of collecting such municipal taxes, to involve any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the County governing authority and a municipality shall specify and amount to be paid by the municipality to the County, which amount will substantially approximate the costs to the County providing the service to the municipality. Notwithstanding the provisions of any other law, the Tax Commissioner is - 1 - 1 1 1 authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to him by the County; and WHEREAS, the City desires to enter into a contract with the County, for the purpose of collecting tax money on behalf of the City; and WHEREAS, the Tax Commissioner of Chatham County currently collects all County taxes from residents of Chatham County who are also residents of the City of Tybee Island, and entering into this Agreement would eliminate the City's duplication of tax billing and collection services; and WHEREAS, entering into this Agreement would allow taxpayers to deal with only one governmental body in regard to questions concerning taxes as well as the payment of taxes, thus eliminating much confusion engendered by having to deal with two separate governmental bodies; and WHEREAS, entering into this Agreement would eliminate the confusing of City taxpayers as to which office each payment (for City and County taxes) must be remitted; and WHEREAS, entering into this Agreement would be cost effective for the City in that funds spent for tax bills, forms, mailers, postage, computer programming, office supplies, and record keeping would be eliminated; and WHEREAS, the City's staff employees would be free to perform other needed tasks, thus allowing said staff to provide a greater level of service to the public and to City employees; and - 2 - 1 WHEREAS, the fees to be paid by the City for such services by the Tax Commissioner will substantially approximate the costs to the County to provide such services. NOW, THEREFORE, in consideration of the premises and for other good and valuable considerations, including the mutual considerations hereinafter set forth, the County and the City agree as follows: 1. County, through the Office of the Tax Commissioner, shall bill for and collect all City property taxes levied by the City. 2. County shall prepare the tax digest for City. 3. County shall invoke any remedy allowed to City in collection of City taxes. 4. In the event a taxpayer in bankruptcy, County shall prorate the amount of taxes due each entity according to the percentage each entity's bill has to the whole tax amount due. 5. County shall prepare and timely submit to City the following reports: (a) TO BE FURNISHED ANNUALLY: - 3 - 1 (i) Preliminary tax digest totals; (ii) Exempt list by name; (iii) Exempt list by parcel; (iv) Parcel list in numerical order; (v) Breakdown of City tax amounts by tax distribution; (vi) Breakdown of City tax assessments by classification. (b) TO BE FURNISHED BY- WEEKLY, BREAKDOWN BY CATEGORY OF TAX MONEY COLLECTED BY TAX YEAR FOR: (i) School maintenance and operations; (ii) School bonds if any; (iii) Recreation maintenance and operations if any; (iv) Recreations bonds if any; (v) Building authority bonds if any; (vi) General government (vii) Adjustment to include N.O.D.'s, releases and refunds; and (viii) After taxes are delinquent, breakdown of interest and penalty collected b y the County. 6. City shall pay to County the sum of $1.25 per tax parcel for real estate and personal property. County shall provide the services outlined herein and shall receive a fee of $1.25 per parcel promptly after the County remits funds to the City following the collection of City taxes. The County shall deliver a check to 1 1 1 the City Treasurer as close as possible to the 10th day of each month following and shall not hold City taxes in excess of fifteen (15) working days after collection. In the event the County holds City tax money in excess of fifteen (15) days working days after collection, the County shall remit to City the amount of interest earned by County on said withheld monies. 7. City will furnish to County all information and documentation necessary for County to provide the above - referenced services. 8. With respect to City taxes which are delinquent, it is agreed that the County shall pursue collection remedies on behalf of the City. The County Delinquent Tax Office shall pursue collection of delinquent taxes on behalf of the City and County equally and all sums whether incurred by the County or collected from the delinquent taxpayer shall be retained by or be paid by the County. 9. County shall provide access to records of the Tax Commissioners to City through its auditors for purposes of a yearly audit or for other good and sufficient cause as determined by the reasonable judgment of City. 10. This Agreement shall commence on January 2, 1997, and shall terminate on December 31, 1997. However, this Agreement shall be automatically renewed on an annual basis unless either party notifies the other party in writing of its wish to terminate or - 5 - 1 1 1 change this Agreement not less than sixty (60) days prior to December 31, 1997 or any subsequent year in which the contract is in effect. Such written notice shall be mailed, Certified Mail, Return Receipt Requested, if to the County. and a copy to: and if to the City: Chairman Chatham County Board of Commissioners Post Office Box 8161 Savannah, Georgia 31412 Daniel T. Powers Chatham County Tax Commissioner Room 109, Chatham County Courthouse 133 Montgomery Street Savannah, Georgia 31401 City Manager City of Tybee Island Post Office Box 3 Tybee Island, Georgia 31328 11. It is the intention of the parties that the laws of Georgia shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights or duties of the parties. 12. In the event any provision or portion of this Agreement is held by any court of competent jurisdiction to be invalid or unenforceable, such holding shall not affect the remainder hereof and the remaining provisions shall continue in full force and effect other same extent as would have been the case had such invalid or unenforceable provision or portion had never been a part hereof. - 6 - 1 1 1 13. On and after the date of this Agreement, both parties shall, at the request of the other, make, execute and deliver or obtain and deliver all instruments and documents and shall do or caused to be done all such other things which either party may reasonably require to effectuate to the provisions and intentions of this Agreement. 14. Time is and shall be of the essence of this Agreement. 15. The parties signing this Agreement hereby state that they have the authority to bind the entity on whose behalf they are signing. 16. This Agreement supersedes all prior discussion and Agreements between the parties and this Agreement contains the sole and entire understanding between the parties with the respect to transactions contemplated by this Agreement and all promises, inducements, offers, solicitations, agreements, representations and warranties heretofore made between the parties, if any, are merged into this Agreement. This Agreement shall not be modified or amended except by written instrument executed by or on behalf of the parties in the same manner in which this Agreement is executed. 17. This Agreement shall be binding upon the parties hereto and their successors in office. 1 1 18. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words of a singular number shall be held to include the plural, and vice - versa, unless the context requires otherwise. 19. Each and every exhibit referred to or otherwise mentioned in this Agreement is attached to this Agreement and is and shall be construed to be made a part of this Agreement by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each exhibit were set forth in full length every time it is referred to otherwise mentioned. 20. All references to paragraph or subparagraphs shall be deemed to the appropriate paragraph or subparagraph of this . Unless otherwise specified in this Agreement, the terms "hereof ", "hereinafter ", Hereunder" and other terms of to refer Agreement "herein ", like or similar impart, shall be deemed to refer to this Agreement, as a whole, and not to any particular paragraph or subparagraph hereof. 21. Except as expressly limited by the terms of this Agreement, all rights, powers and privileges conferred hereunder shall be cumulative and not restrictive of those provided at law or in equity. SIGNATURES ON FOLLOWING PAGE - 8 - 1 CITY COUNCIL OF TYBEE ISLAND, GEORGIA By: 1 Attes Walker Parker, Mayor . Brown, Clerk CHATHAM COUNTY TAX COMMISSIONER Daniel 11'. Powers Chatham County Tax Commissioner - 9 - R E S O L U T I O N BUSINESS RETENTION AND EXPANSION PROCESS WHEREAS: The goal of every unit of local government in Georgia is to provide the highest possible quality of life for its citizens; and WHEREAS: The overall health of the businesses with the community contribute significantly to the economy, local tax base, and employment opportunities for local citizens; and WHEREAS: Local government officials, working with business and civic leaders can form working partnerships to encourage the retention and expansion of the existing community business base; and WHEREAS: The Georgia Business Retention and Expansion Process coordinated by the Georgia Department of Community Affairs offers tools which can be utilized by local leaders to improve knowledge about and communication with local industry to encourage further economic development; and WHEREAS: The governing body of the City of Tybee Island has reviewed this program process and pledges its full support as a part of the overall commitment to community preparedness for economic development NOW THEREFORE BE IT RESOLVED: that the City of Tybee Island has entered into the Georgia Business Retention and Expansion Process and commends. to all community leaders full participation in these activities designed to promote overall economic development. Adopted this 13th day of =- uary, 1997. yor Walt-`'" Parker k of Council 1 WHEREAS R E S O L U T I O N , The City of Tybee Island is scheduled to hold a municipal election on Tuesday, November 4, 1997 and For the past sixteen years the City has contracted with the Board of Elections of Chatham County to superintend all municipal elections held within this City; and It is the opinion of the elected officials of the City of Tybee Island that the Chatham County Election Board has preformed these duties in a superior manner, giving excellent, impartial service to the citizens of Tybee Island: WHEREAS, WHEREAS: NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND IN OPEN MEETING ASSEMBLED THAT THE BOARD OF ELECTIONS OF CHATHAM COUNTY BE INVITED TO SUPERINTEND THE CITY'S UPCOMING ELECTION AND THAT THE \BOARD ALSO SUPERVISE THE PREPARATIONS FOR SAID ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997. ADOPTED THIS 13 DAY OF -4.a.2 , 1997. Mayor Walter W. Parker ler of Council, jrb 1 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 200 Retirement Plan, Article III, be amended by the addition of Section 6 to read as follows: 200 -1. Retirement Plan ARTICLE I. PURPOSE ARTICLE II. DEFINITIONS 1 Section 1. Retirement System, System, or GMEBS . 1 Section 2. Board of Trustees, Board 1 Section 3. Contract 1 Section 4. GMEBS Investment Fund 1 Section 5. Trust Fund 1 Section 6. Plan 2 Section 7. City, Town, Member, Municipality, or Employer 2 Section 8. Governing Authority 2 Section 9. Pension Committee 2 Section 10. Effective Date of the Plan 2 Section 11. Plan Year 2 Section 12. Enrollment Date 2 Section 13. Employee 2 Section 14. New Employee 3 Section 15. Full -Time Employee 3 Section 16. Eligible Employee 3 Section 17. Ineligible Employee 3 Section 18. Contributions 3 Section 19. Interest 3 Section 20. Participant or Participating Employee . 3 Section 21. Retired Participant 3 Section 22. Terminated Participant 3 Section 23. Service 3 Section 24. Past Service 3 Section 25. Credited Past Service 4 Section 26. Future Service 4 Section 27. Credited Future Service 4 Section 28. Total Credited Service 4 Section 29. Termination 4 Section 30. Earnings 5 Section 31. Annual Earnings 5 Section 32. Final Average Earnings 5 Section 33. Retirement 5 Section 34. Normal Retirement Date 5 Section 35. Early Retirement Date 5 Section 36. Delayed Retirement Date 6 Section 37. Normal Retirement Age 6 Section 38. Early Retirement Age 6 1 1 GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM shall become a Participant in the Plan by filing with the pension committee, on a prescribed form, such information as shall be required by the Pension committee, which shall include the Employee's acceptance of the terms and conditions of the Plan. b. Participation in the Plan shall not give any Eligible Employee the right to be retained in the employ of the Employer nor, upon dismissal, to have any right or interest in the Trust Fund other than is herein provided. ................................................................................................................ ............................... ........................................................................................................ ............................... ::::. ...:.:.... .... '•.. i:•i:•:•:•:..."p:•::•i:X•:•iii: •iiiiiiiiiiiiiiiiiiiii'• iii:: iiii:•}--.:++ i::>: -•:x::::::::--•••••:--- •:--:::: t: ii >- ;i:::<ii:::i: ::i::iii: p:: •i"r a'r •i:::. :::::: •: •• -• :iii .�'�. �:�!•�tit�:•�ri..�•� ..::: �.:::. ..�. •.�+•#r.• . �:.f !.:::::.: �ii�.: ST:•�c•�w.....::.,••,�,,;•?�';. f !. :::.�•.•i1!*.tii!: :;:;, Section 5. Leaves of Absence a. General Leaves of Absence. The Governing Authority shall determine the date of expiration of a leave of absence granted to a Participant. Such periods of absence shall not be counted as Credited Future Service for the purpose of computing a benefit hereunder unless the leave, as authorized by the Governing Authority, specifically permits such Participant to continue accumulating Credited Future Service during the authorized leave of absence. Such participant shall, for the purposes of the Plan, not be deemed to have broken continuity of Credited Future Service, provided: (1) He was regularly employed by the Employer immediately prior to his leave of absence; and, (2) He makes application for reemployment on or before the date of expiration of a leave of absence; and, (3) He is reemployed as a eligible Employee within ninety (90) days after such application. b. Military leaves of Absence. A former Employee who is reemployed in an Eligible employee class after service in the 12 1 1 GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM (2) The Plan was in effect on the date he left employment for such military service; and, (3) He makes application for reemployment within ninety (90) days after he first becomes entitled to his discharge or release from service in the Armed Forces of the United States; and, (4) He is reemployed as an Eligible Employee within ninety (90) days after such application. c. If a Participant or employee has not returned to his regular employment as an Eligible Employee in accordance with the provisions of paragraph "a" or "b" in this Section, his interest, if any, under the Plan shall be only such as existed at the commencement of such leave of absence. "(March 1, 1991) ... ............................. irf,,ttii..�•.xdiiee•• rr.:::::-:•::•:,:' ..:.s:,� ,..:.::: .,:• ., .{,,.y5+, •: .... ,+„, tt :•.i' `.....:a:G...1�.. -x.: :::.„w' ::::..:,,.•+:•;:t... ;::: :•w•' i....::..e >;;: : ...:::. ..::::::::::::::::::::::::::::K::::::::::::::::::::::::..., • .................................................................................................................................... ............................... ?j is ::::::: •.•. si .isisi .. : ::::: ::•q'�}:::::i:::jry ::::'':::i;:: ..:...•::'tylti • Fil�1::_: A: 1: �: l: �W�it7VFiF:::::: �Y�::• X:::::::.::.: ��Hft "1•!liSli�G4Y�fF:T�:1�l:::::� !�� � .. ...........* ................... • :: :::F �F:•:•': T:': �:: T: :Xvv: :T:;: ^ }:tiivr:�:•�:s::�:titiv ARTICLE IV. RETIREMENT ELIGIBILITY AND DATES Section 1. Retirement Eligibility. a. The Retirement prerequisites of a Participant under this Plan are contingent upon the method of Retirement selected by such Participant; that is, Normal Retirement, Early Retirement, Delayed Retirement, or Disability Retirement. The prerequisites associated with each Retirement method shall be as specified below in pertinent provisions of Sections 2, 3, 4, and 5, respectively, of this Article IV. (5 -1 -88) b. Retirement under the Plan is contingent upon the satisfactory completion of a prescribed form provided for such purpose and the acceptance of the Retirement application by the Pension Committee.(5 -1 -88) c. Retirement applications shall be prepared and submitted 13 1 1 1 GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM ADOPTED THIS DAY OF x44199 . Mayor Walter W. Parker Cle, of s�•ounc 1st Reading: 2nd Reading: Enacted: A -15 1 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 9, Chapter 5, Section 1, Rules and Regulations for use of the Municipal beaches be amended to read as follows: 9 -5 -1. RULES AND REGULATIONS FOR USE OF THE MUNICIPAL BEACHES. (a) All persons entering upon the public beaches, or structures erected thereon, shall comply with the following rules and regulations, and failure to do so shall constitute a violation of this ordinance; (1) Swim within 50 yards of shoreline. It shall be unlawful for any person to swim outside of the area extending 50 yards from the water's edge. (2) Place litter in trash containers. It shall be unlawful to throw, place, deposit, sweep or scatter, or cause to be thrown, placed, deposited, swept, or scattered, any paper, food, bottles, cans, trash, fruit peelings or other refuse upon the beaches or structures erected thereon. (3) No glass or breakable containers. It shall be unlawful for any person to take or carry upon the beaches or structures erected thereon any glass or breakable containers. (4) No pets or vehicles. It shall be unlawful for any person who shall own, or be in control of, or be in charge of, any dog or other pet or vehicle, to allow or take that dog or other pet or vehicle upon the beaches or structures erected thereon, unless said person shall first obtain a permit from the city. (5) No disturbing of dune vegetation or walking in the dunes. It shall be unlawful for any person to pick, gather, remove, walk in the dunes, or otherwise disturb the vegetation present on sand dunes, including sea oats. (6) Surfboarding and fishing only in designated areas. No person shall operate a surfboard or fish except in areas designated for such purposes. (7) No disorderly conduct or endangerment of self or others. It shall be unlawful for any person to come upon the beaches or structures erected thereon, and individually or in concert with others, do any act or create any condition which does or is calculated to encourage, aid, abet, or start a riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that that person was solely responsible for that riot, public disorder or disturbance of the peace, but only that his or her appearance, manner, conduct, attire, condition, status or general demeanor was a motivating factor that resulted in the riot, public disorder or disturbance of the peace. Any person who refuses when commanded by a police officer or other enforcement official of the city to leave the beach or structures erected thereon immediately, shall be guilty of an offense for refusal to obey the order or command of a police officer or other enforcement official of the city, 1 and deemed to be a rioter or disturber of the peace. It shall also be unlawful for any person to come upon the beaches or structures erected thereon and act in any way which is likely to cause endangerment to himself, herself, or others. (8) Enforcement of these rules and regulations shall be by the Tybee Island Police, City Marshall, or Lifeguards. The duly employed Police, City Marshall and Lifeguards of the City are authorized to require persons using the beach or structures erected thereon to obey reasonable commands designed to protect the public and public property, and the failure to obey any lawful command of those individuals shall be a violation of this ordinance. (b) Penalty for violation. Any person convicted of violating any of the provisions of this section shall be punished by a fine not to exceed $500.00 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment. (c) Severability. The provisions of this ordinance are severable. If any section of this ordinance is declared unconstitutional, illegal, or void, it shall not affect or impair any of the remaining sections of this ordinance. (d) Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. ADOPTED, THIS /2. DAY OF , 19q i Cle. of •unc ls, eading: 2nd Reading Enacted: Mayor Walter W. Parker rcgulationo: (1) It shall be x rlawful for any persoR to take or carry othcr ceramic material. (2) It shall be unlawful to throw, place, dcpooit, owccp or upon thc nand beaches or upon any public o -trcct or right of way within thc city. (3) It ohall bc unlawful for any peraon to pick, gathcr, within thc city limits. and 8:00 a.m. of thooc lifeguards shall be a violation of thio code. prohibit owimming appropriate markcro. unlawful.(ORD.# 1990 6) ourfcrs will take prcccdcncc and owix cra will be oe i e-trueeed anothcr peroon. (10) No persor whe ahall own or bc in control of or in chargc of any dog or othcr pct, shall allow th t ma or pe upon thc municipal bcachco. attcndant or po -lice off±ccr who may be present. commas dcd by a police officcr of the city to leave thc beach disturber of thc peace. 1 1 cxcccding GO dayo or by booth suck fiRc aid impri3onmcnt. (Ord. No. 79 9, 7/30/79) ADOPTED THIS 13 DAY OFU. , 1997. Mayor Walter W. Parker Cl 1-7 Reading: January 9, 1997 2nd Reading: Enacted: x1+3)967 [9- 5- 1.dit] 1 State of Georgia County of Chatham I do solemnly swear that I will faithfully perform the duties as a Planning Commission member of the Tybee Island Planning Commission and that I will support and defend the Zoning Ordinances and the Master Plan as well as the Constitution and laws of the State of Georgia and of the United States of America. 1 C 1 / '41 �A➢ L. This 27th day of January, 1997.