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HomeMy Public PortalAbout19970710CCMeeting1 1 1 1997 -06 -12 1997- 07 -10. City Council Minutes The regular meeting of the Tybee Island City Council was held at 7:30 p.m. on Thursday, July 10, 1997, with Mayor Walter W. Parker presiding and the following members of Council present: Ed Merves, Jack Youmans, Billy Remeta, Michael Hosti, Mariann Wildi and Mallory Pearce. Also present were Bill Farmer, City Manager and Bubba Hughes, City Attorney. The regular meeting was preceded by a thirty- minute workshop on telecommunications, with explanations of the technology of the tower structures and a brief discussion of rate schedule methodology. Rev. Lee Bennett gave the Invocation, which was followed by the Pledge of Allegiance. The first visitor to speak was Arnold Bragg who explained that an emergency sewer repair on Chatham Avenue has not been completed by asphalting the cut in the street. He remarked that if the street had been Butler Avenue it would have been repaired the next day. Jodee Sadowsky was scheduled to appear to ask for parking spaces on 15th Street adjacent to his business, the Breakfast Club. He did not appear. Pat Locklear stated that he and Councilman Billy Remeta had been to the Chatham County Commission meeting to speak about problems with tax assessments on Tybee. He gave City Council a letter requesting a special Council meeting next week, saying that State Representative Burke Day has expressed interest in attending such a meeting. Stephen Boyd spoke to request use of an old city foozball table by a wheelchair group with 36 members. Charlie Waggoner announced that the volleyball courts are in place and playable at no cost to the city. Surplus dollars will be used to upgrade the lighting on the tennis and basketball courts in Memorial Park, and for a sign for the small park at the South End. He said the committee still has 10 beach volleyball banners to sell at $150 each - unique because they're probably the only banners advertising an Olympics event that didn't take place. He said the lights donated by the Georgia Ports Authority for the volleyball courts are available but the city may have to defray costs for placing the light fixtures on the tennis court. Councilman Merves questioned whether the resurfacing of the tennis courts has been 19 1 1 1 1997 -07 -10 scheduled. Earl Shafer stated that he has not seen the street sweeper on his street (Ninth, East of Butler) in more than two years. A Public Hearing was called for Savannah Beach & Racquet Club for site plan approval for Phase III. Joe Griffin spoke for SBRC, saying that the land is assessed at $200,000 and will add $4,000,000 to the tax digest when Phase III is completed. Councilman Remeta asked about the adequacy of the storm drainage. Dennis Bonner, an architect from John Kern's firm, stated that the stormwater will be handled on -site, that there's not much additional impervious paving planned because much of the building site is located in an existing parking lot. Mr. Griffin explained that there is a lagoon on the property that holds stormwater, and that a large percentage of the property is wetlands which is a natural retention area. Mayor Parker called for speakers from the audience; there were none and the public hearing was closed. A Public Hearing to set the 1997 millage rate was called. Dr. Farmer provided some introductory remarks to the effect that the current year budgets showed an expected funding deficit of $48,000 in the general fund and $448,000 in the water /sewer fund, totaling almost 1/2 million dollars for a total city budget of about 5.5 million dollars. Further, the current unreserved fund balance in the water /sewer fund was only $179,149, plus the preliminary capital improvement program draft indicated some significant funding shortages for the next several years. In addition, the current year budget needed to be amended to reflect approximately $85,000 in approved expenditures which were not in the initial adopted budget. All these factors combine to suggest that the city's funding needed to be addressed, and some property tax increase might be appropriate. Mayor Parker said he'd like to know what our final digest will be after the Board of Equalization acts. John Segrue explained from the audience that people will be billed according to the new assessed values, but there will be an option of paying 15% less than billed while waiting on an appeal hearing. Councilman Pearce said he plans to appeal himself, but that he knows there have been recent emergencies at the wastewater treatment plant - capacity problems. Councilman Merves said the only reason we need two water tanks and a larger treatment plant is due to visitors and is basically what 20 1 1 1997 -07 -10 the 1% sales tax ought to go to. Councilman Youmans said that the water /sewer department is supposed to support itself, and that the general fund isn't supposed to support it. He said maybe the city could do with less new vehicles. Councilman Remeta said the millage rate has been lowered by 1/2 to 1 mil every year he's served on City Council. He also said he knows lots of things need fixing. Councilman Youmans said he wanted the water /sewer added to the recent 1% special project local option sales tax. Councilman Hosti remarked that he doesn't receive a lot of service from the county. From the audience, Alice Martin said that there will be no appeals heard until 1998. Jimmy Burke said there ought to be alternate ways of raising dollars rather than property taxes. Howard Arata questioned what the dollars in the budget adjustment represent and Bill Farmer explained that Council had approved work to bring the fuel storage tanks into compliance with State Law, and other items such as the $4000 for Summer in the Park and an $8,000 cost overrun on two budgeted capital expenditures - a garbage truck and a street sweeper. They also approved $50,000 to be used for raises for lower -paid employees. Lori Ward asked if water rates hadn't already been raised, and Councilman Youmans said they were raised due to the bond issue. He also said that the biggest increase on the water bills is due to sanitation charges by Waste Management. Pat Locklear handed each Councilmember a letter requesting a special meeting to discuss evaluations, and stated that Representative Burke Day has expressed a willingness to come to such a meeting. Tom Fassig said his evaluation is up 86.5% and he'd like to see the town get involved with how they value housing per square foot. Councilman Remeta said that he and Mr. Locklear had attended the County Commission meeting and that new software has been purchased for evaluation; he said there are a lot of mistakes and the county recognizes that. He suggested to everyone that they find out exactly how the county tax office has their property described. J.R. Roseberry said he's willing to pay his fair share, but it 21 1 1 1 1997 -07 -10 seems everything is going up at once. Dr. Farmer explained that for years the city has been able to get by with deteriorating infrastructure, putting off needed capital improvements. Captain Richard Vernon said his evaluations are up 160% and he believes these costs are directly related to the tourists, asking why these burdens all fall on the property owner. Councilman Youmans explained that property taxes is only one source of income and that sales taxes, hotel /motel taxes, beverage taxes, and parking bring in a larger share of the revenues than real estate taxes. Councilman Remeta remarked that he was raised in the house the captain lives in, and spoke of original construction costs and of increased values over the years. Carl Thompson said his property, a modest section of an old battery in the fort, is up $105,000 to $329,000. Mayor Parker closed the public hearing on millage rates and opened the meeting for business legally presented. Katrina Hughes, Editor of the Tybee News, said the information requested by the City Attorney has been supplied and asked about the next step. Councilman Youmans moved that the average amount of $575.25 per month be made the monthly amount for the year, and Councilman Pearce seconded. The vote was 5 - 1 in favor of the motion with Councilmember Wildi casting the dissenting vote. Councilman Remeta moved, and Councilman Pearce seconded, that a special meeting to discuss evaluations be held next Thursday as requested by Mr. Locklear. The motion passed by unanimous vote. Councilman Youmans moved that Stephen Boyd's group be allowed the use of a city fooz ball table at no charge. Councilman Merves seconded and the vote was unanimous in favor. Councilman Remeta moved that the city underwrite a cost of up to $300 to upgrade the lighting on the courts in Memorial Park as requested by Charlie Waggoner's committee. Councilman Youmans seconded and the motion passed without dissent. Councilman Remeta then moved that the license fee be waived for the man doing the work, with a second by Councilman Youmans. The motion passed by a vote of 4 - 2 with Councilmembers Merves and Wildi casting the dissenting votes. Voting for the motion were Councilmembers Youmans, Remeta, Pearce and Hosti. The site plan for SBRC was approved on motion of Councilmember Wildi with second by Councilman Youmans. Councilman Merves asked about the county engineering review, and Ms. Byers said that all 22 1 1 1 1997 -07 -10 the county's questions had been satisfactorily resolved. The vote was unanimous in favor and the site plan was approved. Councilman Youmans moved that the city millage rate be reduced to 6.5 mils; the motion was seconded by Councilman Remeta and approved by a vote of 6 - 0. Minutes for the June meeting were approved unanimously. Bills for the month of June were also approved without dissent. Dr. Farmer explained some recent problems due to exceeding the permitted flow at the wastewater treatment plant. Councilman Pearce moved, and Councilmember Wildi seconded, that the engineers be authorized to investigate what's happening and what possible solutions there might be (not to exceed $2,000 in engineering fees) . The vote was 5 - 1, with Councilman Youmans casting the dissenting vote. Joe Pasley of the Island YMCA made a proposal for the Tybee Branch of the Y to take over all recreation for the city. The proposal included fee schedules for various programs. Councilman Merves questioned the cost of membership, saying that there are at present no facilities like those at Wilmington Island (pool, gym, weight room, etc.) Mr. Pasley said Tybee residents will be charged the members' rates because there are currently no facilities for which to charge a membership fee. The only fees will be for participation in activities. Councilman Remeta said that he believes the two programs should co -exist because he doesn't believe the city needs the Y for softball, but we do need the Y for soccer and in other areas. He spoke of the Friday night movies he and Councilman O'Dell used to do, saying they got good participation from the kids but burned out due to lack of volunteer adult supervision. Councilman Pearce said he believes the Y has gone a long way toward meeting the city's needs and he is willing to support Bill's working out details. Councilman Remeta said he believes the people want more than just a low price per program, they also want their kids to be with people they know. Mr. Pasley said the Y would want to hire islanders and just provide some leadership. Councilman Pearce moved to accept the proposal provisionally, letting Bill work out the details. Councilman Wildi seconded. Councilman Remeta said he believes it is premature to eliminate the city recreation department. Councilman Youmans said we don't have the dollars to give the Y to run recreation. The vote was 3 - 3, with Councilmembers Pearce, Wildi and Merves voting in favor and Councilmen Youmans, Remeta and Hosti voting against. Mayor Parker broke the tie in favor of the Y, eliminating the city recreation department. The final vote was 4 - 3. There was some discussion of telecommunications issues, with 23 1 1 1 1997 -07 -10 Councilman Pearce offering a motion setting rate schedules as recommended by the City Manager. The City Attorney again cautioned against voting on rate structures, saying that would take away the city's negotiating strength. Councilman Pearce withdrew his motion. Councilmember Wildi moved to allow the City Attorney to negotiate fees, and Councilman Pearce seconded. The vote in favor of the motion was unanimous. The City Manager called the Council's attention to a Resolution setting the millage rate, saying that although Council has already adopted the 1997 millage rate earlier in the meeting, it should be established by Resolution rather than motion. Councilman Pearce moved to adopt the Resolution at 6.5 mils, and Councilman Merves seconded. The favorable vote was unanimous. City Manager Bill Farmer addressed the issue of amending the 1997 city budget. He indicated that the agenda package described several changes, but at this time it is requested that the budget be amended by $47,062 to permit the next phase of bringing employee wages up to the minimum points in the pay scales adopted last March. He indicated that the details of the pay changes would be provided later in the meeting. Mariann Wildi moved, and Mallory Pearce seconded the motion to amend the budget for the employee wage increases, and the vote was unanimous in favor. Councilman Youmans moved to approve a water tower attachment for county telecommunications and Councilman Pearce seconded. The vote was 6 - 0. A request for a one -day alcohol sales permit was next discussed and Councilman Youmans moved that the City Manager be allowed to grant special permits to those already having licenses for alcohol sales on the island. Councilmember Wildi seconded and the vote was 6 - 0 The lease for Gearon Communications /Nextel was approved unanimously on motion of Councilman Pearce, seconded by Councilmember Wildi. The City Manager explained a plan to require that forms for those requesting space on the Council agenda as visitors be completed in advance. Then if the person failed to appear for some reason, Council could still act on the request if they wish. Consensus by Council was not to begin the new procedures at present. Councilman Remeta raised the question of City Hall security, talking about the loss of the petty cash and birthday fund dollars and the circumstances surrounding it. It was noted that the safe is now locked at all times, and that an investigation was made by TIPD. Councilman Youmans said if the employees are required to take a polygraph test, then so should the elected officials. It 24 1 1 1997 -07 -10 was also noted that all department heads and many other city employees have free access to City Hall offices and should have to be included as well. Councilman Remeta said that he wants to be sure that people will be able to vote absentee ballots here in Tybee City Hall for the municipal election in November. Mr. Hughes said he'd talked to the Secretary of State's office. He and Ms. Byers both explained that . the difficulty is the latest state law requiring that the signature of the voter be verified. This must be done at the county courthouse where the voter registration cards are filed, but someone could take the forms in for verification every day or so. Mayor Parker suggested that the absentee ballots be handled here at City Hall for the convenience of the citizens, and Council agreed. The alcohol sales license for Kitten's Korner has been surrendered after problems with the Georgia Department of Revenue and SEPCO. The owner of the property, Nick Alexander, requests that the license be transferred to him. There was discussion as to whether this situation is one that is eligible for transfer. The Zoning Administrator stated that it is. Councilman Youmans moved the transfer be allowed. The vote was 5 - 1 with Councilmember Wildi casting the dissenting vote. The Second Reading of Code Section 1 -1 -9 followed, with Councilman Pearce moving its adoption and Councilman Merves seconding. Councilman Remeta reiterated his remark of last month, You can't legislate common sense ". The vote was 5 - 1 with Councilman Remeta voting against. The Code Section was adopted and becomes a part of these minutes, and of the Tybee Island Code of Ordinances. There followed a discussion of a large number of ordinances that have been on the agenda for several months, but not yet read. Councilman Merves suggested that the ordinances be selected on a priority basis and read in that order. Mayor Parker suggested that the ordinances be added to next week's special meeting. councilman Hosti moved that the titles only be read on First Reading and Councilmember Wildi seconded. The vote was 3 - 3 with Councilmembers Hosti, Wildi and Pearce voting for the motion and Councilmembers Merves, Youmans and Remeta voting against. The motion failed when Mayor Parker broke the tie by voting against the motion. The City Council went into closed session at request of the City Attorney who wished to discuss a personnel matter. Mr. Hughes said it is confidential due to the possibility of litigation arising from the firing of a police officer. Council resumed public session with a discussion of the budget 25 1 1 1997 -07 -10 adjustments and the salary adjustments, particularly for the Clerk of Council Jackie Brown and the City Manager. All other pay increases can be handled by the City Manager. There was a long discussion which ended with a motion by Councilmember Wildi to rescind the budget adjustments intended for pay raises. The motion was seconded by Councilman Remeta. The vote was 4 in favor (Councilmembers Wildi, Remeta, Merves and Hosti) and 2 against (Councilmen Youmans and Pearce). On motion by Councilmember Wildi, the meeting was adjourned. 26 Bills for June, 1997 Department June Expenditures % Of Annual Budget Expended Administration $ 25,876 43% • Inspections $ 3,917 39% - Special Appropriations $ 60,949 48% Police $ 61,294 60% Fire $ 65,696 64% Public Works $ 44,871 51% Sanitation $ 84,890 48% Recreation $ 5,954 38% Parks & Park Bldgs. $ 1,923 64% Lifeguards $ 11,521 36% Parking Services $ 15,296 48% Water /Sewer $174,951 30% SPLOST $ 2,040 9% W/S Construction $ 2,836 6% General Fund Revenues for June = $324,548 = 55% of Annual Budgeted Income Water /Sewer Revenues for June = $163,382. = 25% of Annual Budgeted Income. 1 YMCA OF COASTAL GEORGIA, INC. PROPOSAL FOR THE TYBEE ISLAND YMCA 1 1 1 1 PAGE ONE YMCA PROPOSAL TO CITY OF TYBEE ISLAND GA. THE YMCA OF COASTAL GEORGIA, INC. IN PARTNERSHIP WITH THE CITY OF TYBEE ISLAND PROPOSES TO INCREASE THE LEVEL OF RECREATIONAL & CULTURAL SERVICES TO THE RESIDENTS OF TYBEE THROUGH THIS PROPOSAL. CURRENTLY, WE ARE OFFERING AEROBICS, YOUTH GYMNASTICS, YOUTH IN-LINE HOCKEY, OUTDOOR EDUCATION, AN UPCOMING SUMMER DAY CAMP, AND AN OPERATIONAL GAME ROOM. WE BELIEVE IT IS TIME TO TAKE OUR SERVICE TO THE NEXT LEVEL. THE FOLLOWING IS OUR COMMITMENT TO YOU, WHAT WE CAN DO AND OUR REQUEST TO TYBEE CITY COUNCIL AS TO WHAT WE NEED OF YOU. YMCA'S ROLE THE YMCA THROUGH THE ISLANDS BRANCH, WILL BEGIN DIRECT SUPERVISION OF THE RECREATION DIRECTOR FOR THE CITY OF TYBEE ISLAND. ALL WORK SCHEDULES, AND EVALUATIONS, WILL BE CONDUCTED BY THE YMCA. THE YMCA WILL HIRE PART TIME STAFF DEEMED NECESSARY TO IMPLEMENT THE PROGRAMS. THE YMCA WILL EXPAND SERVICES TO INCLUDE, BUT NOT LIMITED TO: YOUTH BASEBALL, SOCCER, BASKETBALL, ADULT MENS AND WOMENS SOFTBALL, AN EXERCISE AND WALKING TRAIL WITH MAPS AND MARKERS AROUND THE ISLAND. AN ISLANDS BRANCH TO TYBEE BEACH BIATHLON, AN ADULT FITNESS CENTER, AND A FORMALIZED ACTIVE OLDER ADULTS PROGRAM TO INCLUDE SPECIAL INTEREST CLASSES, SOCIALS, AND EXERCISE CLASSES. WE ALSO ANTICIPATE OFFERING AN AFTER SCHOOL PROGRAM FOR ELEMENTARY SCHOOL AGED CHILDREN. THE YMCA WILL CONTINUE TO OPERATE A TYBEE COMMITTEE OF THE ISLANDS YMCA BOARD OF MANAGEMENT, THAT WILL ASSIST WITH POLICY RECOMMENDATIONS ON ISSUES RELATING TO THE YMCA. THE YMCA WILL MAKE MONTHLY REPORTS TO THE TYBEE CITY MANAGER. YMCA WILL COORDINATE ALL MARKETING OF THE TYBEE YMCA RECREATION PROGRAMS. YMCA WILL MAINTAIN ALL PROGRAM EQUIPMENT. 1 1 1 PAGE TWO YMCA PROPOSAL TO CITY OF TYBEE ISLAND GA. TYBEE CITY ROLL 1. CURRENT RECREATION DEPARTMENT STAFF WOULD REMAIN A CITY EMPLOYEE, ASSIGNED TO THE YMCA FOR SUPERVISION AND COORDINATION, AS A PROGRAM DIRECTOR, AND WILL CONTINUE TO BE PAID BY THE CITY. 2. THE CITY CONTINUES TO PROVIDE THE YMCA FACILITIES AND HELP MAINTAIN THE FACILITIES, AS NECESSARY, AS PER THE LEASE AGREEMENT. 3. THE CITY WILL MAKE AVAILABLE APPLICABLE PORTIONS OF THE RECREATION DEPARTMENT'S CURRENT BUDGET TO THE YMCA TO OFFSET THE COST OF OPERATION OF PROGRAMS. 4. THE CITY WILL ASSIST THE YMCA IN THE COMMUNICATION AND PROMOTION OF THE YMCA PROGRAMS. 5. THE CITY WILL INCLUDE THE YMCA IN ANY PLANNING THAT COULD A1- h ECT THE YMCA'S ABILITY TO PROVIDE SERVICE ON TYBEE ISLAND. WHAT TYBEE CAN EXPECT BASED ON THIS PROPOSAL THE RECREATIONAL PROGRAM CURRENTLY BEING OH -FRED BY TYBEE AND THE YMCA WILL INCREASE. A FULL SERVICE YMCA ON TYBEE FOR A PERIOD OF ONE YEAR AT WHICH TIME BOTH PARTIES WILL EVALUATE THE SUCCESS OF THE PROGRAM. THE YMCA WILL HAVE A PERMANENT PRESENCE AT TYBEE AND OPERA "i`E AS THE RECREATION DEPARTMENT FOR THE CITY IN SUCH A WAY THAT IT BECOMES A WELCOMED SUCCESS FOR ALL. 1 PAGE THREE YMCA PROPOSAL TO CITY OF TYBEE ISLAND GA. PROPOSED TIME LINE MAY 1997- TAKE THE PROPOSAL TO THE TYBEE ISLAND CITY MANAGER. JUNE 1997- CITY MANAGER AND YMCA STAFF PRESENT PROPOSAL TO THE TYBEE ISLAND CITY COUNCIL. BASED ON THE APPROVAL OF THE CITY COUNCIL, THE YMCA CAN BE EXPECTED TO COMPLETE THE TRANSITION IN 30 DAYS. AUGUST 1997 -- AFTER SCHOOL PROGRAM FOR ELEMENTARY SCHOOL AGE CHILDREN WOULD BE AVAILABLE FOR A FEE. REGISTRATION FOR YOUTH SOCCER BEGINS. REGISTRATION FOR YOUTH IN -LINE HOCKEY BEGINS. CONTINUED OPERATION OF GAME ROOM CONTINUE ADULT AEROBICS (YEAR ROUND) CONTINUE GYMNASTICS CLASSES (AUGUST - MAY) SEPTEMBER 1997 -- START YOUTH SOCCER AND IN -LINE HOCKEY PROGRAM. START VOLLEYBALL PROGRAM (YEAR ROUND) OCTOBER 1997 -- BEGIN ACTIVE OLDER ADULTS PROGRAMS. HAVE PUMPKIN PATCH FOR FAMILIES IN THE PARK. NOVEMBER 1997 -- REGISTRATION FOR YOUTH BASKETBALL CONDUCT PROGRAM REVIEW DECEMBER 1997- YOUTH BASKETBALL BEGINS. JANUARY 1998- ANTICIPATED OPENING OF ADULT FITNESS CENTER FEBRUARY 1998- REGISTRATION FOR BASEBALL AND SOFTBALL BEGINS FOR YOUTH AND ADULTS. REGISTRATION FOR SPRING SEASON OF YOUTH IN -LINE HOCKEY BEGINS. MARCH 1998 -- BASEBALL AND SOFTBALL PRACTICES BEGIN. 1 1 PAGE FOUR YMCA PROPOSAL TO THE CITY OF TYBEE ISLAND GA. MARCH CONT. YOUTH IN -LINE HOCKEY PRACTICES BEGIN. REGISTRATION FOR SUMMER DAY CAMP BEGINS. JUNE 1998- SUMMER DAY CAMP AT THE TYBEE YMCA BEGINS. THE YOUTH AND ADULT SPORTS TEAMS WILL BE MADE UP OF TYBEE RESIDENTS AS MUCH AS POSSIBLE. PRACTICES AND GAMES WILL BE PLAYED AT TYBEE AS MUCH AS POSSIBLE. THE TYBEE SPORTS PROGRAMS WILL PARTICIPATE IN AND ADHERE TO ALL RULES AND POLICIES OF THE YMCA OF COASTAL GEORGIA, INC. SPORT LEAGUES. AGREED TO BY: YMCA CITY DATE DATE 1 1 1 RATE STRUCTURE FOR TYBEE YMCA PROGRAMS The following rate structure is for the programs proposed to be offered for the residents of Tybee Island, through the YMCA program center. It is important to note that all programs offered through the YMCA of Coastal Georgia, Inc. have scholarships available and no individual will be turned away because of the inability to pay. AFTER SCHOOL PROGRAM A program for boys and girls in kindergarten through 5th grade. Monday - Friday 3:00 p.m. to 6:00 p.m. YMCA's cost to operate August 18, 1997 - May 29, 1998. $13,870 *This averages out to a daily cost to provide the program at $75.00 / day. *Cost to participate will be $25 per week based on no assiatance from the City of Tybee Island. *Cost to participate will be $12.50 per week based on $6935.00 from the City of Tybee Island. YOUTH SPORTS INCLUDE: SOCCER, BASKETBALL, BASEBALL \ T -BALL, IN LINE HOCKEY[ FALL AND SPRING LEAGUE]. * Soccer will be offered Late August - Early November 1997. * Basketball will be offered December - March 1998. * Baseball and t -ball will be offered Late March - May, 1998 * In -line Hockey will be offered September - November 1997 and March - May, 1998. Fees to be charged will be dependent upon the financial commitment made by the City of Tybee Island. Fees without City of Tybee Island support: * 6 and under league [t -ball] = $30.00 members $45.00 non - members *Other divisions — $45.00 members $68.00 non - members If City of Tybee Island pays 50% of the fees for Tybee residents: * 6 and under league [t -ball] = $15.00 members $22.50 non - members * Other divisions — $22.50 members $34.00 non - members Fees include uniform, officials fees, Individual participation award for every player, Tournament trophies, equipment, facilities, and administration. * As stated before financial assistance is available to anyone needing help. 1 1 1 Page 2 Tybee Island YMCA Fee Structure ADULT SPORTS INCLUDE: ADULT SOIL" 1BALL AND BEACH VOLLEYBALL. * Beach volleyball offering 3 or 4 seasons during the year. * Softball will be offered in the Spring and Summer of 1998. Fees to be charged would be on a team basis rather than an individual fee. The fees will be based on cost to provide officials, score keepers, administration, balls, and awards for regular season and tournament play. The season would be roughly 10 weeks long with a 20 game regular season and a single elimination tournament. Some of this would depend on how many teams signed up. Fees would most likely be $250 -$300 per team for the season, for Softball and $100 -$150 for beach volleyball. Teams made up of Tybee Island residents could expect a lower cost to participate if the City of Tybee Island provides financial assistance. By providing the Tybee YMCA with the Tybee Recreation Departments budget and Staff, the Tybee YMCA would be able to offer a more complete year round program for all residents of Tybee Island. As soon as the City of Tybee Island Georgia and the YMCA of Coastal Georgia Inc., complete this partnership the Tybee YMCA program center will be in a better position to go forward with plans on the development of the adult fitness facility, and active older adult programming. 1 1 R E S O L U T I 1 O N WHEREAS, the fiscal year of the City of Tybee Island begins on January 1 and ends on December 31; and WHEREAS, Title 3 of the Code of Ordinances for the City of Tybee Island, Georgia, and specifically Section 3 -2 -11 provides in part that the millage rate for annual ad valorem tax upon all real and personal property within the City shall be established each year by Resolution of the Mayor and Council; and WHEREAS, the Mayor and Council desire to set the millage rate for the year beginning January 1, 1997 and ending December 31, 1997 in compliance with the .terms of the laws of Georgia and the Ordinances of this City; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in open meeting assembled, that the millage rate of the fiscal year January 1, 1997 through December 31, 1997 be set at .0065 mils. ADOPTED this day of , 199_. Mayor Walter W. Parker Attest: Rowena B. Fripp 1 1 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. 1 1 1 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. Lessee has examined the tower and has determined that it is adequate for its needs and accepts it as is. 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. 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: 2 1 1 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. THE CITY OF TYBEE ISLAND, GEORGIA BY: Walter W. Parker Mayor ATTEST: SIGNATURE PAGE CONTINUED Jacquelyn R. Brown Clerk of Council 3 [S E A L] 1 1 CHATHAM COUNTY, GEORGIA BY: Dr. Billy B. Hair, Chairman Board of Commissioners ATTEST: Sybil E. Tillman Clerk of Commission [S E A L] 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 1 Chapter 1 Section 9 be added to read as follows: 1 -1 -9 EXCEPTIONS In the event of exceptional circumstances or unusual occurrences, monetary penalties less than $15.00 and /or other enforcement provisions may be waived or delayed, in whole or in part, by the City Manager; such as in cases when residents are delinquent in meeting a deadline as a result of personal or family illness or death, minor arithmetic errors, unusual postal delays, or unexpected documented hardship. ADOPTED THIS DAY OF , 199. Mayor Walter W. Parker Clerk of Council 1st Reading: 2nd Reading: Enacted: 7/10/97 [1 -1 -9. dit] 1