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HomeMy Public PortalAbout19970508CCMeeting1 1 1 1997 -05 -01 1997- 05 -08. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, May 8, 1997 in the auditorium. Mayor Pro tem Mariann Wildi called the meeting to order at 7:30 P.M. 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 Bill Farmer were also present. Mayor Walter Parker was in Washington, D.C. on City business. The Reverend Lee Bennett gave the invocation with the Pledge of Allegiance to the Flag following. Mayor Wildi asked that any visitors please be brief as there is a very long agenda. Cullen Chambers, Director of the Lighthouse /Museum gave a slide show on the drainage at the Museum and explained the problems to Council. Pat Locklear said the money for the paving in the Fort Screven area came about because of the Olympics, and to please relook at the situation. Mayor Wildi said that she understands that if the City did the drainage, then DOT would do the paving at no cost to the City. Youmans agrees that is the way he understands it also. Locklear said that we need a drainage plan, that is all DOT is requesting. Katrina Hughes, Editor of the Tybee News, asked Council how can the City Manager change a budget without Council approval? Ms. Hughes said that when she sat on Council that the Council had to make any changes. Ms. Hughes explained that the Tybee News is run by herself, Jim Adams and a host of volunteers and that they will not censor anyone as long as the article is not slanderous. Ms. Hughes asked what the status is of the funds for the Tybee News. Chief Jim Price asked Council to approve a payroll deduction for employees who wish to sign up for the Pre Trial Legal Services stating that 10 of the 13 officers in his department have already signed up for this service. Price said the service will cost $3.45 a week. Youmans said other things are being payroll deducted. Remeta asked what type of insurance? Price said this service would protect the employee and provide a lawyer if needed. Remeta asked Farmer what is the issue here tonight. Farmer said that all other deductions have come before Council for approval and the Chief is requesting approval for this deduction. Chief Price said that any employee can sign up for this service. Mr. Bernie Good asked what is the proper procedure for petitioning for 4 way stop signs on Jones Avenue. Farmer said that the petition should be turned in at City Hall with all information requested and that Chief Price would do a study. City Attorney Hughes read a Proclamation for National Nursing Home Week - May llth through May 17th and one for Management Week in America. Mayor Wildi opened, asked for comments, and closed the following Public Hearings according to law: 3 1 1 1 1997 -05 -08 1. Special Purpose Local Option Sales Tax Agreement. City Manager Farmer presented the agreement showing a map of specific drainage problems, a chart showing where the tax money would be allotted to each city and the county, and a new draft of the agreement that was faxed to us this afternoon. Mr. Farmer said that the drainage monies would be set aside first from the tax money. The special tax if passed by the voters would begin in September of 98. Farmer explained that part of the road money the County would receive would have the 4 laning of 80 included. Mr. Farmer explained that the money in the chart under the heading other would be for capital improvements and that our 5 year plan is updated year to year. Farmer said that monies would be sent to municipalities to spend on capital projects. Farmer said that some cities have already adopted the agreement, some were meeting today and tonight, Chatham is meeting tomorrow; this is good government, good sense. Wildi asked if the meeting tomorrow was the last chance to make changes? Farmer said he did not know, each city is having public hearings in order to get the issue on the ballot in June, the money can not be spent on operational expenses. Pearce said that there is 3 million in drainage, but if we only spend 1 million can the other 2 million be spent on other C.I.P. projects? Farmer answered yes. Youmans said in other words people can start the water storage tank, we pay for it, then when the money comes in we repay ourselves. Farmer said he is not sure if you need to commit these monies until after 98. Youmans said that before he agrees , he needs to know for a fact what the city can do with monies. Farmer said in his non -legal opinion Youmans is correct. Hughes agrees with Youmans but is worried about wording in 2 (a) on Page 5. The City could declare a listed drainage project as infeasible and then move money to other projects. Farmer said that we establish a capital improvement plan, list water storage tower, temporarily borrow the money for the tower, and when refund the short term loan as the tax monies come in. City Attorney agrees. Youmans asked if other cities have other items than drainage? Farmer answered yes. Remeta said that on page 12 of the agreement to add water storage tank after beach renourishment. Youmans said that the city is facing some very urgent and costly expenditures. Some examples are having to double the size of the sewer plant, testing of ground by the gas tanks, and also bad drainage. Remeta said by the year 2000 the city will have to do about 1 million dollars in repair work. Hughes said that if the city plans to spend money on a water storage tank you had better put it in the plan. Pearce asked when this agreement has to be adopted? Farmer said this agreement is not in concrete. Hosti stated that the C.I.P. changes each year. Alice Martin said that Pat Locklear stated that we needed a drainage plan for Tybee. Do we have a plan? Farmer answered no, the engineers proposed to do a study of the island in sections, the stars denoting drainage problems on the map are what the Public Works Director turned in last year. We have to have a new CIP plan in 98. Alice Martin asked what projects are yet to be done. Farmer said that there is a 4 1 1 1 1997 -05 -08 Comprehensive Plan at City hall and that the outline is in the back of the book. Ms. Martin asked if she would be able to tell which projects have been completed. Farmer said that you can read the book. Martin asked if there would be someone there to help her. Youmans answered that since we no longer do the taxes that these people can help Ms. Martin. Locklear said drainage money first - pro rated. Farmer said that once resolution passes and money comes in Council can spend on any capital project in the CIP. Locklear asked when you max out in the other projects, then all other money must be spent on drainage. Farmer answered no. Merves questioned page 5 2 (c) about if the money comes directly to us . Hosti said that within days the County would send a check to the cities. Locklear said that there is a public hearing at the Chatham County Courthouse at 9 a.m. tomorrow, and people wanting a share of County monies must come forward at that time or either turn in a written request, this agreement is not set in stone, it can be changed up to 2 weeks before the June 17th vote. Farmer said that agreement between Cities and County - all cities must sign before County signs. Farmer said that Tybee is getting an ample amount of funds. Locklear said that we need to negotiate changes, that the 2.8% can not be changes, and we need to put in what we want. Merves wants to know what the citizens would like to spend money on. Kathryn Williams, President, and Sue Brockway, Director, of the Marine Science Center stated that they are eager for funds from the 1% sales tax. Over 5,000 students a year, the building needs renovation and expansion. An architect is drawing plans and the cost will be close to a half million. Sallie Keller said she believes that we are putting the cart before the horse, after the race track and trade center she feels that voters do not trust government. Do we define drainage and CIP needs or does Chatham County define what is needed for drainage? Is beach renourishment considered a Capital improvement? The tax payers need relief. Cullen Chambers said that he hopes that voters don't feel that in giving funds to the MSC and the Lighthouse /Museum that the City is throwing money away. Both are very important. Camber explained the history of the lighthouse and begged Council to include funding for the lighthouse. 2. Site plan review for Mola Jung. Zoning Administrator Byers presented petition to Council. Robert Durry recommends rock and gravel for the parking area. No comments or questions. 3. Minor Subdivision of a duplex by Rick Williams. Ms. Byers also presented this petition as Mr. Williams has moved from Tybee. Ms. Byers said this was one of the first constructions in Captain's Row so it has no fire wall but that Mr. Williams has sprinkled. Remeta stated that if sprinkled then you don't need a fire wall. Ms. Byers answered that is correct. Youmans said that the first home constructed is across from Rowena Fripp's daughter and that there is a fire wall in place. Tom Scholl was the fire inspector at that time. 4. Site plan review for Jack Boylston. Mr. Boylston presented 5 1 1 1 1997 -05 -08 saying that you have information, he is not a builder but will try to answer any questions. Mike Ryan is the builder. Youmans asked Ms Byers if she has all the information needed. Ms. Byers said that the 6 points from Chatham County have been addressed. 5. Site Plan Review from Powertel for a communication tower behind the police station. Mr. Paul Felser from Powertel said that the Planning Commission recommended approval. Mr. Felser said he understands the problem with the site and needs guidance from the City, the site behind the police station is a workable option. Mr. Felser said that the tower would allow two other users. Mr. Jet Ricks gave information to Council on the cellular phone, it will increase competition, improve service and that the tower is a stable structure. Wildi asked why Police Station is not as good as the other location? Remeta asked for a picture of the proposed tower. Hosti questioned why Powertel went before Planning Commission and not City Council. Mr. Felser said that discussions had directed Powertel to that area, thought we were looking at a good site, more than willing to look at other sites. Merves asked what is the time frame? Mr. Felser answered timing is critical, they are working throughout license. Powertel's FCC license is good for 2 more years, looking at August or September to go public. Pearce said first feelings were to put it on the water tank, is there as problem? Felser said that is not a practical option. Remeta said with a proposal that money is involved. Felser said that is the reason for the lease. City Attorney Hughes said that names have been interchanged, Powertel is Intercel (parent company), in December Intercel offered to take down water tank at 2nd Street. Hughes said that in February Council rejected Southern Wireless and told them they could go on the water tank. Council will hear Global Communication proposal tonight. Hughes stated that GMA goes over our cable contract and that this would also be covered under that contract. Youmans said that Council needs to make up their minds on a site. Felser said that he was directed to that site and the company has spent money on that location. Pearce asked if Powertel is willing to consider a committee of Council and to visit with residents in the area. Felser said that behind the police station is a viable site. Merves stated you prefer not to place antenna on water tower because of the time limit. Felser answered it would not be good for signals. Remeta asked how tall the tower would be? Felser said 180 feet, Powertel and two other users. Merves asked if the other companies would be leasing space on the tower from Powertel or the City. Mr. Ricks answered that Powertel would receive the revenue from the other leases. Burke Day spoke against the tower. Rachel Perkins said that the signage' for the site was not placed correctly. Remeta asked Perkins if she had put another sign on the City notice for the Public Hearing. Perkins answered yes, took it upon herself as a member of the Planning Commission. Remeta asked if this was within the law? Ms, Byers said that the sign was on Fort and Van Horn, all portions of the parcel of land are under one Property Identification Number. Ms. Sallie 6 1 1 1 1997 -05 -08 Keller said that the entire site was misrepresented when it was brought before the Planning Commission. Was under the impression that Council had approved the site. Wildi asked if Ms. Keller had looked at the site. Ms. Keller answered that she had driven by the posted area, but thought since Council had approved the site that Planning Commission was only rubber stamping the review. Remeta said who gave that impression? Ms. Keller answered she did not know whether it came from Powertel or Ms. Byers but that Planning Commission only approved the architect plans of the tower. Felser said that he had just learned this week that City Council, did not approve the site and he apologizes for the misunderstanding. Linda Larsen said that she feels there is a conflict of interest because Ms. Perkins was awarded a grant in the amount of $10,000.00 to study environmental danger areas on the island and feels she can not be impartial. Ms. Larsen said that City Manager Farmer said Ms. Perkins used poor judgement. Farmer answered Ms. Larsen by stating that he did not know if it was an illegal act but it was in poor taste. Hughes said that this discussion is raising a lot of questions on the 1st Amendment. Hosti said anyone can place a sign on a tree anywhere on the island. Remeta said that Council needed to get back on track. Ken Wade spoke in favor of the tower stating that he does not see any bad impact. Kathryn Williams said that the citizens depend on the City for information and that the signs need to be at the exact location that is being requested. Bernie Good spoke against the tower as a new resident on Tybee he said the view from the bridge is beautiful. Merves stated that this tower would be 30 feet higher than the Lighthouse. 6. Revision to Site Plan Review by Penn Myrick. Mr. Myrick said that he would like to add 1 more floor with 2 units at the old Cobb's Apartment location. Remeta asked how high? Myrick answered 35 feet. Pearce asked if the green space would still be included. Myrick answered yes. Mayor Wildi called for a 10 minute break at 9:45 P.M. Council reconvened at 10 P.M. Mayor Wildi opened the meeting for business legally presented. Pearce moved to proceed with drainage plan design for the Museum. Merves seconded. Youmans questioned where the money was coming from to pay for this design? Farmer answered general fund. Youmans said this was an unbudgeted project? Farmer answered yes. Remeta asked about paving area. Farmer said that it would be from Highway 80 and Campbell to the Lighthouse but the City needs to clear up right of ways, water /sewer lines and to solve drainage problems. The paving would save the City in excess of $50,000. Remeta asked if the engineer design includes easement or just drainage. Farmer answered it includes the drainage around the lighthouse and museum in the amount of about $6,000.00. Remeta asked if the right of ways, water /sewer lines be done. Farmer said that he requested input from department heads but as of today no reply. Youmans said that rock and gravel are recommended by the County engineers. Ms. Byers said that Robert Durry recommended rock 7 1 1 1 1997 -05 -08 and gravel at the south end because there is no drainage. Voting in favor of the drainage design proposal were Merves, Hosti, Pearce; voting against were Youmans, Remeta, Wildi. The motion failed. Wildi said she needed to know where funding was coming from before she voted in favor. City Manager Farmer, in response to the Tybee News issue, said that the budget has not changed but that the money has been delayed. The reason is that there was no response to a letter requesting that an agreement be established defining how the money from the City would be spent. It is not a proper function of government to finance a newspaper. Remeta asked Farmer if the City Attorney advised him that it could be wrong? Farmer answered that in his job description it states that the City Manager is to make sure the City spends the money correctly. Merves asked what is the difference between business and a non profit organization. City Attorney Hughes said it is a bad idea for government to be in the newspaper business. Merves asked Hughes for his legal opinion. Hughes answered it is not legal to finance. Pearce said that the City can make an agreement with the Tybee News to pay for advertisements. Remeta said what is the outlook for the Arts Association and other organization? Wildi said that there are several organizations that the City funds, but that we need finance statements.Youmans moved that our attorney work with the Tybee News attorney towards a workable solution that is legal. Merves seconded. Vote by Council was unanimous. Katrina Hughes questioned the April and May payments. Youmans moved to continue to pay Tybee News until solution is approved. Remeta and Merves seconded. Council voting in favor were Merves, Youmans, Remeta, and Hosti. Voting against were Pearce. Pearce asked again if this was legal. City Attorney answered same opinion - not legal. Farmer stated that Council has been advised. Youmans said attorneys are only 50o right all of the time. Remeta moved to approve a payroll deduction for the Pre Trial Legal Services. Hosti seconded. Vote by Council was unanimous. City Manager Farmer said that the wording can be changed in the SPLOST resolution. Merves said to add Marine Science Center and Lighthouse on page 16 of the agreement. Youmans said not to put $3,000,000. in drainage that we have urgent problems, add water sewer capital improvements on page 12. Remeta said that would be fine and then he will be happy with the agreement. Hosti said fine, and that there is an election in November so nothing matters. Remeta said that the County and other cities have been generous with Tybee but we need to add gym complex after water sewer CIP on page 12. Pearce said it is good for him. Remeta moved to approve adding water and sewer capital projects plus the gymnasium complex to the projects listed on page 12 of the agreement, and to add the Marine Science Center and the Lighthouse to the projects listed on page 16 of the agreement. Hosti seconded. Vote by Council was unanimous. Remeta moved to leave Gym Complex with Community Center. City Attorney Hughes said that MSC and Lighthouse is going to cause 8 1 1 1 1997 -05 -08 problems. Pearce moved to give Wildi flexibility at the Chatham County Commission meeting on May 9, 1997. Hosti seconded. Voting in Favor were Hosti and Pearce. Voting against were Merves, Youmans, Remeta. Remeta motioned to approve resolution with changes to paragraph four. Youmans seconded. Vote by Council was unanimous. Pearce moved to approve the site plan review petitioned by Mola Jung. Hosti seconded. Vote by Council was unanimous. Youmans moved to approve a minor subdivision of a duplex petitioned by Rick Williams. Pearce seconded. Vote by Council was unanimous. Youmans moved to approve the site plan review petitioned by Jack Boylston. Pearce seconded. Vote by Council was unanimous. Youmans moved to designate a portion of land behind the Police Station for a telecommunication tower with the City Manager to negotiate with help of the City Attorney for the lease money. Remeta seconded and moved for an amendment to state that this in no way obligates the City to any certain company. Youmans accepted the amendment. Voting in favor of the amendment and the motion were Youmans, Remeta, Wildi, Hosti. Opposed was Merves. Pearce abstained from voting. Remeta motioned to approve the revision to the site plan review petitioned by Penn Myrick. Merves seconded. Vote by Council was unanimous. Pearce moved to accept the April minutes as written. Hosti seconded. Vote by Council was unanimous. Remeta moved to approve the April bills. Pearce seconded. Vote by Council unanimous. Farmer said that Mayor Parker had called just before the meeting with good news about the beach renourishment. Jack Kingston and Paul Coverdel will introduce a bill for 2 and 1/2 million dollars. Max Cleland will support also. Auction revenue was $5,950.00. Pearce moved to approve repair to underground 10,000 gallon gas tank in the amount of $25,000.00 from MECO, but to deal with local gas stations. Remeta seconded. Youmans said that before you repair test first. Remeta withdrew second. Youmans moved to get the ground tested and to buy gas from the local gas stations. Remeta seconded. Vote by Council was unanimous. Mr. Bill Haymans, consultant for Global Communications, explained that the company would like to install antenna on the 2nd Street water tank, and put a temporary tower in place while the old tank is removed. Remeta asked if this would interfere with the construction? Merves moved to negotiate with Global Communication for antenna on 2nd Street water storage tank. Pearce seconded. Vote by Council was unanimous. Remeta made a motion to amend the main motion by assigning the revenue from the lease to the gym fund. Youmans seconded. Vote by Council was unanimous. Merves moved to purchase a Genicom Model 4840 400 -800 LPM line printer in the amount of $5,592.00 and to upgrade the existing file server in the amount of $4,624.00 which would include installation, configuration and setup. Mr. Farmer stated that the purchase would 9 1 1 1997 -05 -08 be funded by general fund at 40% and water sewer at 60 %. Pearce seconded. Officer Chris Case said that this is really needed to better serve the needs of the public and the staff. Vote by Council was unanimous. Youmans moved to accept the water tower lease agreement with Chatham County for the 800 MHz communication system contingent upon City Attorney Hughes changes in the agreement. Remeta seconded. Vote by Council was unanimous. Youmans moved to adopt Section 10 -1 -26 Regulation of Parking in Individual Parking Spaces on its second reading, ending (a) at 5 P.M. Pearce seconded. Voting in favor were Merves, Youmans, Hosti and Pearce. Opposed Wildi. Hosti moved to approve Alcohol Beverage license for Nickie's petitioned by Nick Alexander. Youmans seconded. Voting in favor were Merves, Youmans, Remeta, and Hosti. Wildi abstained. Remeta moved to accept option #2 on the Georgia Interlocal Risk management Agency Renewal of liability insurance in the amount of $87,352.00 with a renewal credit of $7,052 that leaves a balance of $80,300.00, to be paid in two installments. Youmans seconded. Vote by Council was unanimous. As there was no further business to come before Council Youmans moved to adjourn. Remeta seconded. Mayor Pro Tem Mariann C. Wildi 10 1 1 WHEREAS, WHEREAS, WHEREAS, WHEREAS, P R O C L A M A T I O N Nursing Homes are a blessing to the patients and the families who use their facilities, and Nursing Homes provide 24 hours each day the medical, outstanding nursing, and the psychosocial care to the patients entrusted to their care, and The City of Tybee Island is fortunate to have two of the finest nursing homes in the world, and Savannah Beach and Oceanside Nursing Homes meet all the requirements of the State of Georgia, plus the staff gives extra tender loving care to all patients and families on a daily basis. NOW, THEREFORE, I, Walter W. Parker, Mayor of the City of Tybee Island, in recognition of the two nursing homes in our city and of the citizens of our community who reside there, do hereby proclaim the week of May 11th through 17th as: "National Nursing Home Week on Tybee Island" and urge all citizens to be mindful of the contributions of the nursing homes, their staff members, and their residents. Adopted this 8th day of May, 1997. Mayor Walter W. Parker 1 PROCLAMATION WHEREAS, The National Management Association, joining with co- sponsoring organizations, has established Management Week in America, a special time to recognize the profession of management and to appreciate the contribution of the millions of American managers to the American Competitive Enterprise System; and WHEREAS, The Gulfstream Management Association, a member of the National Management Association, with over five hundred local members, shares the goal of advocating sound leadership and management practices on behalf of the board spectrum of businesses, industries and public sector organizations; and WHEREAS. The Gulfstream Management Association devotes itself to the success of our American free enterprise system, using the talents and energies of their membership to ensure the smooth operation of business, and to maintain high levels of productivity; and WHEREAS, The City of Tybee island, Georgia, is proud to recognize that the Gulfstream Management Association is the first local chapter of the National Management Association; making significant contributions to the improvement of leadership and management and the promotion of business in our area; and, WHEREAS, the Gulfstream Management association also contributes greatly to the opportunities for the youth of our community by sponsoring many valuable career and educational incentive projects throughout our school system and community: NOW, THEREFORE, I, MARIANN C. WILDI, MAYOR PRO TEM OF THE CITY OF TYBEE ISLAND, GEORGIA, IN RECOGNITION AND SUPPORT OF THE VALUABLE SERVICES PROVIDED TO ALL CITIZENS BY THE NATIONAL MANAGEMENT ASSOCIATION AND ITS CHAPTERS, DO HEREBY PROCLAIM MAY 25 THROUGH MAY 31, 1997 AS NATIONAL MANAGEMENT IN TYBEE ISLAND, GEORGIA, AND URGE ALL CITIZENS TO JOIN THE GULFSTREAM MANAGEMENT ASSOCIATION IN PARTICIPATING IN THIS ANNUAL CELEBRATION OF MANAGEMENT WEEK IN AMERICA. THIS 8TH DAY CF MAY, 1997. 1 1 RESOLUTION FOR SALES TAX CONTINUATION WHEREAS, the Special Purpose Sales Tax that was approved June 15, 1993, and imposed effective October 1, 1993, and extended on September 19, 1995 until September 30, 1998, has proven to be successful in promoting the public health and welfare, and WHEREAS, the Chatham County Government and municipalities within Chatham County are considering the imposition of a special one percent (1 %) sales tax which would continue the current tax due to expire in 1998, and that these governments would execute an Intergovernmental Agreement addressing the allocations of the special 1% sales tax funds, and WHEREAS, a draft of an INTERGOVERNMENTAL AGREEMENT FOR THE DISTRIBUTION OF SPECIAL PURPOSE SALES TAX PROCEEDS BY THE COUNTY TO MUNICIPALITIES FOR CAPITAL PROJECT PURPOSES has been received and reviewed, and found to fairly represent the intentions of City Council, NOW THEREFORE, BE IT RESOLVED, that the Tybee Island City Council authorizes the Mayor to sign an Intergovernmental Agreement with Chatham. County and Municipalities in Chatham County pertaining to the Special 1% Sales Tax, providing such agreement is substantially the same as the draft agreement provided by the City to the MPC dated May 8, 1997. PROVIDED FURTHER, that the City Council endorses the special 1% sales tax projects reflected in draft Intergovernmental Agreement. PROVIDED FURTHER, that the City Council may alter the listing of special 1% sales tax projects, and dollar allocations therefor, following a public hearing on same. RESOLVED this 4" day of 7 ?t -c , 1997, by the City Council of Tybee Island, Georgia. By: it64404 .11/1 €14-)/ Walter W. Parker, Mayor 1 1 Bills for the Month of April 97 General Government 66,291.14 Police 99,091.25 Fire 27,898.98 Public Works 70,873.53 Sanitation 34,111.92 Recreation /Parking Lifeguards 25,798.61 Total 324,065.43 Water Sewer 49,506.89 Fund Three Beach Renourishment -0- Fund Four Revenue Bond 6,745.00 Pat Pagan did Journal Entries from the auditors so these amount are not actual dollars spent. If you have any questions please see Pat Pagan. Thank You, Jackie 4/30/97 Vivian Max MEMORANDUM To: Bill Farmer Subject: File Server and Line Printer Upgrade QUOTE 1 * *Computer Network Engineers. (CNE) New File Server $7,023.37 Installation of Software /Hardware $3,800.00 Total $10,823.37 QUOTE 2 * *ENTRE Computer Center Upgrade existing server Installation, config & setup included. Quote 3 Thanks *$4,624.00 Printer (replacing existing Genicom Line Printer) Genicom Model 4840 400 -800 LPM *$5,592.001/ Euroline 400 LPM $5,889.00 $6,589.00 Euroline 600 LPM * *We have used both of the companies listed above over the past 5- years. CNE for cabeling and ENTRE for computer purchases. They both have always assisted us whenever we needed them. *My recommendation is to go with ENTRE. ATTACHMENTS: REQUISTION, QUOTES OWN SERVERS AND PRINTERS. sir 947 %00 5592. 00 /4.1/6.00 9o86.4'0 6. A02, yor fcldp do 70 'f6/39.60 A«7. /0(060 - 76.908f tiome/0 Acc.T..2o703 9- 90(0 ( /79.e o oie 00 1 STATE OF GEORGIA COUNTY OF CHATHAM WATER TOWER ATTACHMENT LEASE AGREEMENT This Water Tower Attachment Lease Agreement ( "Lease ") is entered into this day of , 1997 by and between The City of Tybee Island, Georgia ( "Lessor ") and Chatham County, a political subdivision of the State of Georgia ( "Lessee "). For good and valuable consideration, Lessor and Lessee agree as follows: 1. Property. Subject to the following terms and conditions, Lessor, leases to Lessee space on Lessor's water tower structure ( "Tower ") located adjacent to the existing City of Tybee Island Police Department at 17 Van Horn Street, together with all rights of ingress and egress to said property and easements for utilities for the benefit of Lessee. 2. Use. The property may be used by Lessee for the installation of up to four (4) radio antennas on the water tank at a permanent location between the 120 and 150 foot level on the Tower. The exact location of antennas between the aforesaid levels shall be supplied to Lessor in the form of proposed construction drawings and specifications prior to installation or construction; no alteration thereafter shall be made without prior written approval and acceptance by Lessor; however, such approval shall not be unreasonably withheld. 3. Access. Lessor agrees that during the initial term of this Lease or any renewal term as is hereinafter provided, Lessee shall have reasonable ingress and egress on a 24 -hour basis to the property for the purposes of maintenance, installation, repair and removal of said radio antenna equipment. It is agreed, however, that only authorized engineers or employees or agents of Lessee, or persons under Lessee's direct supervision will be permitted to enter the said property to install, remove and repair Lessee's equipment. Lessee is responsible for the cost of such activities and will notify Lessor in advance of its need to install or repair the equipment located on the Tower; except however, in the case of an emergency whereupon notification shall be given as soon as reasonably possible. 4. Term. The term of this Lease shall be for five (5) years commencing upon the day of , 1997 ( "Commencement Date ") and terminating at midnight on the day of 2002 ( "Initial Term "). Lessee shall have the right, but not the obligation, to extend this Lease for three (3) additional five (5) year terms ( "Renewal Terms "). Each Renewal Term shall be on the same terms and conditions as set forth in this Lease. This Lease 1 1 1 shall automatically be renewed for each successive Renewal Term unless Lessee notifies Lessor of Lessee's intention not to renew the Lease at least thirty (30) days prior to the expiration of the initial term, or the Renewal Term which is then in effect. 5. Property of Lessee. Lessor acknowledges that Lessee owns a building located under the existing water tank, which is approximately ten (10) feet by twenty (20) feet in size, and Lessor hereby grants to Lessee all means of ingress and egress to place radio equipment and electronic equipment within said building, and to service said equipment in the same manner as -set forth hereinabove for service of the antenna referred to herein. 6. Rent. Lessee shall pay no rent to Lessor, since both entities are governmental entities and the equipment being placed on Lessor's water tank is to improve and enhance radio communication among law enforcement and emergency personnel to benefit both the citizens of Lessor and the citizens of Lessee. 7. Lessee's Representations. Lessee covenants and agrees that Lessee's equipment, its installation, operation and maintenance shall not irreparably damage the Water Tower structure and accessories thereto, nor shall it interfere with the operation of Lessor's Tower. 8. Lessor's Representations. Lessor represents that the placement of the antennae by Lessee on Lessor's Tower is not prohibited by any law, covenants, restrictions, easements or other requirements or regulations which would prohibit Lessee's intended use of the property, and Lessor further represents and warrants that the Tower has adequate existing structural support and integrity to support Lessee's antennae. 9. Non - Exclusive Lease. This Lease shall be non - exclusive and Lessor may grant a similar lease to any other party. 10. Interference. Lessor shall not use, nor shall Lessor permit any other lessee, licensee, invitee or agent to use any portion of Lessor's properties in any way which interferes with the operations of Lessee. 11. Termination. Except as otherwise provided herein, this Lease may be terminated without any penalty or further liability on thirty (30) days written notice if either of the following conditions should apply: A. Upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default; or B. If Lessee discontinues its operation. 1 1 12. Notices. All notices, requests, demands and other communications shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested to the following addresses: If to Lessor, to: City of Tybee Island, Georgia P.O. Box 128 Tybee Island, GA 31328 If to Lessee, to: Dr. Billy B. Hair Chairman, Board of Commissioners Chatham County, Georgia P.O. Box 8161 Savannah, GA 31412 13. Title and Ouiet Enjoyment. Lessor warrants that it has full right, power, and authority to execute this Lease; it has good and unencumbered title to the property free and clear of any liens or mortgages; and that Lessee shall have the quiet enjoyment of the property during the term of this Lease. IN WITNESS WHEREOF, Lessee and Lessor have executed this Lease Agreement as of the date and year first above written. SIGNATURE PAGE CONTINUED BY: THE CITY OF TYBEE ISLAND, GEORGIA Walter W. Parker Mayor ATTEST: Jacquelyn R. Brown Clerk of Council 3 [S E A L] 1 1 1 Ordinance # 1997 -36 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 10 Chapter 1 Section 26 be changed to read as follows: 10 -1 -26. REGULATION OF PARKING IN INDIVIDUAL PARKING SPACES (a) Whenever a vehicle shall be parked in an individual parking space, where a parking meter has been installed, the person parking that vehicle shall deposit one (1) or more ee4ne01001#Mg# of United States money in that parking meter, in thosc dcnominationa ao indicted on the meter, if any meter displays the signal showing that legal parking is only permitted on such deposit. Upon the deposit of any 'gee in that parking meter, that person shall "`Ee ""e'riEtled to legal parking for a period of time indicated on that meter. That•••person•may deposit more than one (1) such eelliggqg " in order to receive additional periods of""time."" (b) Notice to the public ehallffiC be given by appropriate signs setting 'forth the length of time for which parking is permitted and the conditions thereof. These may be upon the parking meter stand or in the immediate vicinity (c) Any vehicle which remains in an individual parking space after the prescribed time for parking, is determined to be illegally parked, but in no event shall it be considered illegal parking if the meter display signal shows that a proper deposit has been made for that parking. (d) The provisions of this article shall not apply to vehicles parked or standing fi3 ar "•'�' upon the streets in the co'ngcatcd area ••• 'W en "'those vehicles are parked or standing wpert :...::: .....:.... any atrccta between the hours of 3z'?.!'; m- dn-;fht until 8:00 a.m. the following morning' t (e) The fines for parking violations shall be as fixed from time to time by the mayor and council. Cler of jyun 1 ADOPTED THIS ®DAY OF ' , 199. Mayor Walter W. Parker 1st 'reading: 4/10/97 2nd Reading: 5/8/97 Enacted: 5/8/97 [10- 1- 26.hlr] 1 1 GEORGIA INTERLOCAL RISK MANAGEMENT AGENCY (GIRMA) RENEWAL CONTRIBUTION WORKSHEET FOR 5/1/97 -98 MEMBER: City of Tybee Island LIMIT OF LIABILITY SELECTED: 1,000,000 TOTAL PROPERTY VALUES COVERED: 3,775,865 EXCEPTIONS: Includes Prior Acts Coverage on Police and P act vO Date of Lia7/92. b 1997 -98 GIRMA CONTRIBUTION PER OCCURRENCE 1997 -98 1997 -98 1997 -98 DEDUCTIBLE* CONTRIBUTION RENEWAL CREDIT BALANCE DUE $2,500 $87,352 $7,052 $80,300 *This deductible will apply to all losses and all lines of coverage subject to a maximum of one deductible for all claims arising from a single occurrence. 1 1 PAYMENT TERMS Please circle below the payment option that you desire: Option 1 Payment of 100% of the 1997 -98 balance due by May 15, 1997. Option 2 Payment of 50% of the 1997 -98 balance due by May 15, 1997; remaining balance paid by June 30, 1997. Option 3 Payment of 50% of the 1997 -98 balance due by May 15, 1997; remaining balance paid monthly in 5 equal installments (an installment fee of 11% will be applied to the balance due). PLEASE SIGN, DATE AND RETURN THIS FORM WITH A CHECK FOR THE PAYMENT OPTION SELECTED IN THE ENVELOPE PROVIDED TO: GIRMA Dept. 1192 P.O. Box 105544 Atlanta, GA 30348 -5544 The extra copy is for your records. ACCEPTED FOR THE City of Tybee Island BY: �Y1 G l ©�r Authorized Signature Title Date