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HomeMy Public PortalAbout19981112CCMeeting1 1 1 Day 1998 -11 -12 City Council Minutes Mayor Walter W. Parker called the November 12, 1998 City Council meeting to order at 7:30 P.M. with the following members of Council present: Ed Merves, Jack Youmans, Anne Monaghan, Donald Anderson and Mallory Pearce. City Attorney Edward Hughes and City Manager Bill Farmer were in attendance. Mayor Parker stated that Councilmember Michael A. Hosti was out of town on government business pertaining to his job at Fort Pulaski. Councilmember Monaghan gave the invocation, which was followed by the Pledge of Allegiance to the Flag. Mr. Chris Schuberth, Chairman of the Beach Task Force, addressed Council on the issues discussed this morning at their meeting concerning the beach erosion stating that we have come a long way with understanding the ways things work. There is new technology. Schuberth stated that the Task Force voted to endorse the second page of the report from Olsen & Associates with the 8 recommendations listed. (Copy attached and becomes a part of these minutes.) Mayor Parker introduced Mr. Erik Olsen, the coastal engineer for Tybee Island, saying that Erik is recognized as one of the best in the United States. Mr. Olsen gave the background of the monitoring for the past three years. The renourishment has been highly successful. The Federal government has bought into adding the Back River to the project. (the entire handout that was given to Council by Olsen is attached and becomes a part of these minutes.) Olsen supports the Feds recommendations. Merves asked what effect would it have if we extended the north beach groin. Olsen said that on the front beach the sand goes in two directions. Youmans asked how far from the Back River fishing pier would the groins be located? Olsen answered that they would be several hundred feet away, the small groin will have less impact towards the area of the pier. Olsen said that the design for the work is the Federal government but that we influence the design. Mayor Parker introduced Ms. Tiffany Dennis as the new Tybee YMCA Recreation Director. Parker said that Ms. Dennis has worked for the city as a lifeguard for the past few years and she is familiar with the island. Parker asked that the citizens remember the less fortunate this holiday season by supporting the Georgia Regional Mayor' s Motorcade on December 9, 1998. On a sad note Mayor Parker announced that P.B. Edwards, former and long time Mayor of Port Wentworth, has cancer and is in a lot of pain so we need to pray for him and his family. Mayor Parker said that he has something 1 1 good to announce the GEFA loan # 87- S14 -WJ has been paid off. Mayor Parker read parts of a letter from Pat Locklear concerning the closing of Solomon Avenue from Jones Avenue 60 feet west. Mayor Parker opened the following ten public hearings, asked for comments, and closed them according to the laws that regulate public hearings. City Attorney Hughes stated that each councilmember has the standards before them in order to make their decision. A minor subdivision of a duplex petitioned by Eskedor of 807 A.B.C.D. Jones Avenue and presented to Council by Mr. Jim King. King said that this is a fairly common request and that everything is in order. Parker asked if these were two separate units. King answered yes. gj A minor subdivision petitioned by Barks of 1109 Bay Street presented to Council by Mr. John 0' Neill, Jr. 0' Neill said this would be one lot into three lots. Parker asked if they will meet the R -1 requirements. 0' Neill said that there was enough square footage for five lots. Pearce asked about the trees. 0' Neill said that there are none that would have any impact on the land. A minor subdivision of a duplex petition was presented by Ms. Brenda Watrous for 216 Eagles Nest. Watrous said that lots are equal in size. Byers said that the fire wall is in place. A major subdivision petitioned by Mr. Barney Paderewski for Pine and Maple Streets was presented by Paderewski and Davis. Youmans asked if there were any changes from the last time? Monaghan questioned those engineering adjustments. Zoning Administrator Byers stated that there were 8 points that needed addressing and all have been done and they meet everything required by the City. Hughes said that the Council has approved the land swap but that now it needs to be advertised legally if Council approves the subdivision. Pearce asked about the trees. Davis said that most of the pines that are to be removed are small, they are planning on saving trees along the marsh line, but will have to remove some on the north because of the drainage. Parker said that they will comply with the codes. Pearce requested that they keep the understory for buffer zones. A minor subdivision and a lot reduction were petitioned by Burnsed for 109 Butler Avenue. Ms. Bonnie Gaster presented this request to Council. Gaster said that this property is north of the water tower and there is 12,628 square feet — Lot 11 B would have 6,168 square feet and lot 11 A for the duplex would have 6,433 square feet. Parker asked if any 1 1 variances would be needed. Gaster said no. Pearce asked if a single family is acceptable and that he would like to hear from the Planning Commission. Chairperson Sally Keller said that the Planning Commission had no problem with the subdivision but could not find any over riding need for a duplex. Youmans asked how many square feet are required? Byers answered for single family 4,500 square feet and for a duplex it is 6,750 square feet in the R2 zone. Gaster said this property is in the middle of duplexes and a triplex and would not impact the neighborhood. Youmans said they are asking for a reduction of 317 square feet. Gaster said that this would amount to 3 feet. Youmans asked if the house could be moved? Gaster said that then a variance would be required for setbacks. A major subdivision petitioned by Towns and presented by Paul Jackson for Phase III of Eagles Nest. Pearce questioned about the tress. Jackson said they would only do what they have to do to comply with the zoning ordinances. Youmans said that there should be no mistakes as Jackson served on the City Council for many, many years. A site plan review for a real estate office was petitioned and presented to Council by Shel Solomon for 209 Butler Avenue. Solomon said the office would be located on the corner of Butler and 3rd Street. Pearce asked if this meant that the trailer would be removed. Solomon answered yes that he already had someone to purchase the trailer. Youmans said that there are no trees. Keith and Ann Gay presented a site plan review for a Bed and Breakfast to Council for #4 13th Street. Gay said that he and his wife have fallen in love with the island and he plans to move his mother and his business to Tybee and to operate a high quality Bed and Breakfast. Pearce said that Planning Commission recommended to table and he would like to hear why. Keller answered that they were not exactly sure of site plan and the dimensions for the parking and they were sensitive to the neighborhood, as it is residential. Keller said that she understands that Byers and the Mayor went out and measured parking spaces. Keller said that this is a bad traffic area and Planning Commission did not know what impact a B & B would have in the area. Merves asked the location of the house and about parking meters. Gay apologized for the hand drawing of the parking areas stating that at the left of the house there is room for two cars, 2 in front of the garage. Gay said he wanted to retain the greenery and the landscape. Parker asked the parking requirements for the B & B. Byers said 5 spaces are needed. Youmans questioned if a B & B is 1 1 1 allowed in this zoning district. Byers answered yes. Monaghan said that she would like to see professional measurements. Mr. Frank Kelly, Ms. Katherine DeMarco, Janna Martin, and Anne Shiver all requested that Council deny this request as there is a very serious problem with parking in that area right now. It is noted that all of them welcome the Gays' as neighbors but do not want the B & B. Shiver stated that Byers said that there would be monitoring of the B & B. Byers said that the Health Department and the Chatham County Fire Marshal would inspect the B & B. Shiver also stated that she is worried about the future. Patsy Jones said that there are plenty of rental properties in the area. Shel Solomon said that the neighbors should welcome a Bed and Breakfast because of the control. Henry Levy said that the Gays' are trying to obey the zoning laws but the people opposing the B & B are against the zoning laws which allow the B & B in that district. Gay said that he respects the reaction but he just wanted to be near the ocean. Gay said a survey on B & B' s show 90% preferred B & B' s. Gay promises to be a good neighbor. Mr. Portman for Barnard presented a height variance to Council for the property located at #1 10th Court. Portman requested that Council postpone this hearing at the request of the owner. Parker said that this has been advertised as a public hearing and must be heard but that Council could elect not to make a decision. Mr. Portman said that a 16 inch height variance is being requested and that the hardship is the DNR setback from the dunes. Keller said that the Planning Commission had a mixed vote, she understands the limitations and the problem with the dunes but that no hardship was presented to the Planning Commission. Mayor Parker opened the meeting for business legally presented. Youmans moved to approve the minor subdivision of a duplex for Eskedor at 807 A,B,C, & D Jones Avenue. This is known as Horsepen Creek Cottages. Merves seconded. Vote by Council was 4 in favor (Merves, Youmans, Monaghan, Anderson); 1 opposed (Pearce). Anderson moved to approve the minor subdivision for Barks at 1109 Bay Street, PIN 4- 21- 16 -1F. Youmans seconded. Vote by Council was unanimous. 1 1 Youmans moved to approve the minor subdivision of a duplex for Watrous at 216 Eagles Nest. Anderson seconded. Vote by Council was unanimous. Youmans moved to approve the major subdivision of Paderewski at Pine and Maple Street PIN 4 -3 -1 -8;16; & 16A. Anderson seconded. Vote by Council was unanimous. Pearce moved to approve the minor subdivision for Burnsed at 109 Butler Avenue PIN 4- 4 -2 -2. Monaghan seconded. Vote by Council was unanimous. Pearce moved to deny the lot reduction for Burnsed at 109 Butler Avenue PIN 4- 4 -2 -2. Monaghan seconded. Hughes stated that Council has before them the standards for zoning issues. Voting to deny were Merves, Monaghan, and Pearce. Opposing the denial were Youmans and Anderson. Anderson moved to approve the major subdivision of Phase III of Eagles Nest PIN 4- 19 -2 -12; 12A. Pearce seconded. Hughes stated that he has a letter of credit and an agreement for Towns to build and install improvement as per plan submitted to Council. Vote by Council was unanimous. Youmans moved to approve the site plan review for Shel Solomon at 209 Butler Avenue PIN 4- 4 -8 -4. Anderson seconded. Vote by Council was unanimous. Pearce moved to postpone any decision on site plan for the Gay' s request for a Bed and Breakfast at #4 13th Street PIN 4 -7 -4 -9 until more detail on the parking is submitted. Monaghan seconded. Vote by Council was 2 in favor of postponement (Monaghan and Pearce); 3 opposed (Merves, Youmans, Anderson). Anderson moved to approve the Bed and Breakfast site plan. Both Merves and Youmans seconded. Vote by Council was 3 in favor (Merves, Youmans, Anderson); 2 opposed (Monaghan, Pearce). Council agreed to postpone any decision on the height variance petitioned by Barnard until the December meeting. Mayor Parker called for a 5 minute break at 9:30 PM. 1 1 1 During the break everyone helped to celebrate Jack Youmans 73rd birthday with a cake baked by Dee Anderson. Pearce moved to adopt Olsen' s eight (8) recommendations regarding the next beach renourishment project presented by Olsen and handed out to Councilmembers. Monaghan seconded. Anderson said that the city needs to make sure the contingency in the COE' s project budget stays in any agreement we approve. Parker said that Farmer knows about the contingency. Youmans said that the 2 million dollars in contingency needs to be straightened out before Council votes on the recommendations. Pearce agreed to include Anderson' s suggestion concerning the contingency in his motion. The favorable vote was unanimous and the motion passed. Bill Farmer informed Council that the COE wants the storm drainage near the U S 80 curve moved; he asked to be granted the authority to work with the engineers to correct the problem. Councilmembers Pearce and Monaghan concurred in a motion to allow. Councilman Youmans said we don' t need to do the work until we know the costs. The vote was 4 to 1, with Youmans casting the dissenting vote. Anderson moved to accept the minutes as presented. Pearce seconded. Vote by Council was unanimous. Pearce moved to approve the October bills. Monaghan seconded. Vote by Council was unanimous. Youmans moved to approve the Christmas bonus for employees using the present formula. Pearce seconded. Merves asked the cost between the old and the new. Youmans said that the present bonus formula is in the budget. Vote by Council was 2 in favor (Youmans, Merves); 3 opposed (Monaghan, Anderson, Pearce). Pearce moved to adopt the new formula plan. Monaghan seconded stating that she would like to see the City purchase street Christmas decorations. It was noted that the Children' s Christmas party is paid for out of this line item. Vote by Council was 4 in favor (Merves, Monaghan, Anderson, Pearce); 1 opposed (Youmans). Pearce moved to appoint Jim Kluttz to the Historic Preservation Advisory Board with the RDC. Monaghan seconded. Vote by Council was unanimous. Pearce moved to approve approximately $132,995 for the repair of 13 sewer lines by slip lining them. Anderson seconded. Fanner said that there 1 1 is 1 million dollars in the 99 budget so this is just a head start. Youmans said it is wrong to vote on this when we do not know where the money will come from to finance it. Merves asked when it would be done, how long it would take, and if our people will do the work or will be hire contractors? Farmer answered said Southeast Pipe Line is the contractor and it should take about a week to do each line. Farmer said we can delay if that is what Council wishes but you run the risk of collapse and then it would cost at least 5 times more for the repair. Merves asked how the 1 million dollars in the 99 budget was projected and how are we going to spend that much on sewer lines? Farmer said that the 1 million is only an estimate and that these lines warrant attention as soon as possible. Merves said that if we spend less than 1 million dollars then we would not have to increase the water sewer rates. Youmans said that Fort Screven has bad lines but that everything is done on other areas of the island. Vote by Council was 4 in favor (Merves, Monaghan, Anderson, Pearce); 1 opposed (Youmans). It was agreed by Council to postpone any discussion on raising the garbage fees at this time. City Attorney Hughes gave a summary of the quit claim deed that is on the agenda for Storer Street on the south side of Highway 80. Youmans moved to grant the deed. Anderson seconded. Youmans asked how does this effect Polk Street. Byers said that Polk Street is ours. Youmans said that the streets in Fort Screven that were named for people were named for certain reasons and that he moved to leave names as they are now. Anderson seconded. Monaghan said that there is already a street named Lighthouse Lane on the island. Vote by Council was unanimous. Merves said that he has read the suggestions from Ms. Frankie Conaway concerning the fees for parking that Council passed at the last meeting. Merves moved to make the fee for all parking lots $6.00. This motion died for lack of a second. Monaghan said to leave fees as is and not to revisit the them. Pearce said that he would like to have a public hearing at the December meeting on the unopened area of Rosewood Avenue in order to make it an open space park. Pearce would like the City Manager to make a report to Council on all city owned property. 1 1 1 Mayor Parker announced that the City has proclaimed November 9 through 13, 1998 as Nursing Perioperative Arena Week on Tybee. Monaghan moved that Council re- establish the committee that was appointed to study the setback requirement in the commercial district. Pearce seconded. Youmans said that he would like to see it 50/50. Monaghan agreed. Vote by Council was unanimous. Pearce moved to accept the contract from GEFA to pay for the water storage tank. Monaghan seconded. Vote by Council was unanimous. Youmans said that the first monies from SPLOST be used to pay off the loan. Anderson seconded. Vote by Council was unanimous. Fripp said that the estimate of $522,000 in the 99 budget is what the income should be for 99 with 2 payments coming in 98. Pearce moved to adopt the 1999 budget resolution using the amended budget presented by Youmans. Monaghan seconded. Merves said that he feels that the cost of personnel has been increasing in the past two years. Merves said the social security COLA is on 1.6 %. Voting in favor were Youmans, Monaghan, and Pearce. Voting against were Anderson and Merves. Pearce moved to accept the Coastal Incentive Grant for Inlet Avenue storm drainage. Anderson seconded. Vote by Council was unanimous. Youmans questioned why Solomon Avenue is not blocked off and that the resolution should be voted on and signed tonight. Pearce moved that Hughes and the City engineers should confer on the new rate schedule for stub and tap fees. Monaghan seconded. Vote by Council was 4 in favor (Merves, Monaghan, Anderson, Pearce); 1 opposed (Youmans). Youmans moved to adopt the resolution for the temporary closing of a portion of Solomon Avenue from Jones Avenue 60 feet west. Anderson seconded. Youmans said that there are only 3 houses that would be effected and that only the houses facing Solomon Avenue from Campbell to Moore were contacted when we voted to temporarily close that section. Pearce said 1 1 that he would have to vote against after hearing from Locklear and that Council needs to postpone until Farmer researches the traffic flow and the impact to the area. Merves agrees that it needs to be closed. Vote by Council was 3 in favor (Merves, Youmans, Anderson); 2 opposed (Monaghan, Pearce). Pearce moved to raise the rate of the water sewer charge by 10% with the exception of citizens who qualify for Tybee homestead exemption. Youmans said that the young people are hurt by the increase also. Died for lack of a second. Pearce moved to adopt Section 6 -3 -1 Water and Sewer Charges with the 10% increase in the charges. Monaghan seconded. Vote by Council was 2 in favor (Monaghan, Pearce); 3 opposed (Merves, Youmans, Anderson). Mayor Parker announced that the Chatham Municipal Association Christmas dinner will be held December 2nd. As there were no other issues to come before Council the meeting was adjourned. Mayor Walter W. Parker C -rk oun i 1, jrb TYBEE ISLAND SHORE PROTECTION PROJECT 1 1 RECOMMENDATIONS • Accept COE Plan • Execute P.C.A. with COE, • Recommend For An Increase In The Size Of S. Beach Fill, • Request That City Retain Sponsorship of Post - Construction Monitoring (w/Federal Cost Sharing), • Seek Commitment(s) For Beach Disposal At 2nd Street From Savannah River Entrance Channel Maintenance (2 to 3 year cycle), • Seek Section 1 -11 Determination For Shore Protection Project, • Support State Legislation Regarding Future Beach Disposal From " Navigation Projects, • Plan For 7 -Year Renourishment Of Shore Protection Project. 1 1 1 Bills for the Month of October 98 General Government 69,481.07 Police 73,287.65 Fire 4,466.39 Public Works 53,999.68 Sanitation 65,772.47 Recreation 1,855.00 Parking Services 9,618.44 Total of All Funds 278,480.84 Water Sewer Fund 159,114.58 Fund Three 8,685.00 Beach Renourishment Fund Four -0- 1 Holiday Bonus Description Current Plan Proposed New Plan Supervisors Any Part of Year $50.00 $75.00 Each Year After $ 5.00 $10.00 All Others 1' Year $15.00 $50.00 Each Year After $10.00 $10.00 Part Time -0- $35.00 Maximum/Employee $150.00 $200.00 Expenditure $5,605.00 $7,865.00 Charge to line item # 106060.6116 Firefighters and First Responders - 38 personnel @ $100.00 each Charge to line item #106171.6119 11 -02 -1998 02: 31FM FROM T7 :2- '869170 #9127e69190 F.31 far /1 - /Z -9) 30-0ct -98 ` - — C/ TV Co lrA/GiG # MZT,me To: City of Tybee Island Attn: Mr. George Reese Re: Siipline Gravity Sewer /XV, 99$ Quote No. 98259 Scope of Work Furnish materials, equipment, labor and supervision to siipline existing 8" gravity sewers with 7.125" 00 SDR 28 HOPE liner pipe. and make lateral connections as follows: Cost of work: 5lipiine Existing 8" Pipe Lateral Connections $ 35.00 /1.f. - // 7) YqS• °� $ 500.00 / ea. - EsT.. 4' 1 51 S DO, g Please do not hesitate to contact us if we can be of further assistance toy u. 32 11r. 00 Si / 4 ( llis A omton, Vice President Southeast Pipe Survey, Inc. VIDEO INSPECTION Pipeline Cleaning • Pipeline Rehabilitation WILLIAMS STRtti • P.O. WA 4/1 • (5i1.2) 647 -2847 • FAX (912) 647 -2869 • PATTERSON, GA 31557 TOTPL P.01 120 I.f. Pump Sta. #1 to MHO 1 -12 MHO 1 -14 to MHO 1 -1 166 I.f. MHO 2 -26 to MH 2 -28 1771.f. MHO2 -13 to MH82 -3 3451.f. - y S c. MIS 2.14 to MHO 2 -13 302 I.f. . 4 S c MHIt2 -17C to MHO 2 -17 326 I t - MHO 2 -15 to OE 220 If -- Z S G M1112.1 to 2-2 270 Li. - I S s, MHO 3-13 to 3.15 3261.f. -, 'r S C. MHO 3.15 to MHO 3-15A 261 I.f. -. l S G MHO 3-26 to MFG 3-27 248 I.f. - MHO 3-0610 MHO 3-076 MHO 3-43 to MHO 3-44 f, 'A '14 4� w Z 3 S 7 A 4 4H -d: • �nj(ry+(� ( - 3/ Sr. 779*Q./ 5lipiine Existing 8" Pipe Lateral Connections $ 35.00 /1.f. - // 7) YqS• °� $ 500.00 / ea. - EsT.. 4' 1 51 S DO, g Please do not hesitate to contact us if we can be of further assistance toy u. 32 11r. 00 Si / 4 ( llis A omton, Vice President Southeast Pipe Survey, Inc. VIDEO INSPECTION Pipeline Cleaning • Pipeline Rehabilitation WILLIAMS STRtti • P.O. WA 4/1 • (5i1.2) 647 -2847 • FAX (912) 647 -2869 • PATTERSON, GA 31557 TOTPL P.01 1 1 RETURN TO: STATE OF GEORGIA WILLIAM W. SHEAROUSE, JR. PO Box 10105 Savannah, GA 31412 (912) 233 -2251 QUIT CLAIM DEED COUNTY OF CHATHAM This Indenture, made this day of , 1998, between TYBEE ISLAND, GEORGIA, a municipal corporation, organized under the laws of the State of Georgia, Party of the First Part, and MATTIE FRANCINE SELLERS, Party of the Second Part. W I T N E S S E T H That First Party, for and in consideration of the sum of ONE ($1.00) DOLLAR and other valuable considerations receipt whereof is hereby acknowledged, does hereby grant, bargain, convey, release and forever quit claim unto Second Party, her heirs, successors and assigns, the following described property, to -wit: All that certain lot, tract or parcel of land situate, lying and being known as an unopened portion of Storer Street, Garden Ward, Tybee Island (formerly Savannah Beach), Georgia being bounded on the north by U.S. Highway 80, on the east by Block 14, Garden Ward, on the south by an unnamed creek and on the west by Block 15, Garden Ward, as more particularly described on that certain plat of portions of Block 15 and Storer Street, Garden Ward, Savannah Beach (now Tybee Island), Georgia surveyed for Harry W. Boaen by Thomas & Hutton Engineering Company which is recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat Record Book S, Page 52. TO HAVE AND TO HOLD the said property, together'wvith all and singular the rights, members, hereditaments, improvements, easements and appurtenances thereunto belonging or in anywise appertaining unto Second Party, her heirs, successors and assigns, so that neither First Party nor any person or persons claiming under it shall have, claim or demand any right to the above described property, or its appurtenances. IN WITNESS WHEREOF, the said Party of the First Part has caused this instrument to be executed as of the day and year first above written as the date hereof. Signed, sealed and delivered in the presence of: Witness Notary Public CITY OF TYBEE ISLAND, GEORGIA, a Georgia municipal corporation organized under the laws of the State of Georgia By: Title: Attest: Title: 1 9.1.1 NURSING PERIOPERATIVE ARENA WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMATION NURSING PERIOPERATIVE ARENA Modem surgery is highly technical, sophisticated and exacting; and The registered nurse in the Perioperative Arena is a highly skilled expert in providing nursing care and managing the perioperative environment; and The surgical patient is going through a major crisis in his/her life and needs expert care for the mental, spiritual, and physical aspects of their life during this crisis time. The registered perioperative demostrates the spirit of a caring nurse by acting as the patient's advocate during surgery; and The registered perioperative nurse is also an expert is allaying the patient's fears, preparing the patient for what will happen during surgery and afterwards, and understanding the patient as a total person; NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM NOVEMBER 8th through NOVEMBER 14th AS "Operating Room Nurse Week" IN TYBEE ISLAND, DEDICATED TO THE RECOGNITION OF THIS COMMUNITY'S REGISTERED NURSES WHO PRACTICE IN THE PERIOPERATIVE ARENA. THIS 12th DAY OF NOVEMBER, 1998. 1 1 1 IOW- j�I it GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY ZELL MILLER Govemor PAUL R. BURKS Executive Director Ms. Rowena Fripp, Assistant City Manager City of Tybee Island Post Office Box 2749 Tybee Island, GA 31328 -2749 Dear Ms. ,F415( Enclosed is the City's cancelled copy of the promissory note for GEFA Loan #87-S14-WJ in the amount of $46,090 dated March 10, 1988. We are glad to have assisted in the financing of the construction to loop waterlines in the Strand area. If you have any questions, please contact me at (404) 656 -0938. November 4, 1998 Since Timothy J. Grogg Assistant Executive Director Enclosure 090`Equitable Btiildtng • 100 "Peachtree Street. NW • Atlanta: Georgia-30303 -1911 •4047656 -0938 • Fax 4Ci.'656 -J-�' ae F•.; recvcied Racy -. tom: 1 1 1 COUNTY OF FULTON CONTRACT /PROJECT NO. 87- S14 -WJ PROMISSORY NOTE TO GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY FOR ENVIRONMENTAL LOAN APR 8 1988 Er VIRONMENTAL 'R,t. Ei; itjP,` iii WATER pE3rEcTIO_N RRA:1 '1 FOR VALUE RECEIVED, pursuant to the Georgia Environmental Facilities Authority Act 0.C.G.A. Sec. 50 -23 -1 et. seq. CITY OF TYBEE ISLAND ( "Local Government ") promises to pay to the order of Georgia Environmental Facilities Authority or to the subsequent holder of this note ( "Authority "), the principal sum of FORTY SIX THOUSAND NINETY DOLLARS ($46,090.00), or so much of the principal sum as may be disbursed, together with interest. The outstanding principal balance of this note shall bear interest at the rate of five and 3/10 percent (5.3 %) Authority's check for each disbursement. 365 -day year, simple interest basis. per annum from the date of the Interest shall be computed on a ANCELLE INEMAI Accrued interest only shall be due and payable on the FIRST day of APRIL, 1988 (the "date for commencing payments "). Thereafter, if the full principal amount has been disbursed, principal and interest shall be due and payable in THIRTY NINE equal installments, in the amount of ONE THOUSAND FOUR HUNDRED NINETY ONE AND 89/100 DOLLARS ($1,491.89) each, and one final installment in the amount of ONE THOUSAND FOUR HUNDRED NINETY ONE AND 64/100 DOLLARS ($1,491.64), commencing on the first day of the third month after the month of the date for commencing payments and continuing quarterly on the first day of each third month thereafter. Pursuant only to the contract 1 1 1 1 between Authority and Local Government respecting this note, the principal loan amount may be changed or the date for commencing payments may be reset. Principal and interest shall then be due and payable in the newly stated number of equal installments commencing and continuing quarterly on the first day of each third month as provided. Authority shall determine the amount of the installment from standard loan amortization tables for level, quarterly payments over a term of years. Interest which accrues after maturity of this note or after its earlier acceleration shall be due and payable upon demand. Time is of the essence of this note. Local Government may prepay the outstanding principal balance of this promissory note in whole or in part together with any accrued interest thereon at any time without penalty or premium. All payments of principal and interest shall be made in money of the United States at the office of the Authority in Atlanta, Georgia, or at such place as the Authority may designate in writing, and shall be made in funds immediately available in Atlanta, Georgia. If Local Government fails to make any payment of principal or interest when due, or if Local Government defaults in the performance of any of the terms, covenants or conditions of any agreement or other document concerning this promissory note, including without limitation the contract executed between Authority and Local Government respecting this note, Authority may declare the principal of this obligation and all unpaid interest accrued on it to be due and payable immediately, without prior notice or demand to Local Government. -ED The failure of Local Government to make any payment of principal or interest or both shall not constitute a default until fifteen days following the due date but Authority shall have no obligation to give Local Government notice of any failure to make such payments. To help defray the added expense of handling delinquent payments, Local Govenment agrees to pay immediately upon demand a late charge of 5% of any payment not made on or before the fifteenth day after any such payment is due, together with accrued interest. Payments shall be applied first to any late charge, then to interest, then to principal. There is no intent for any payment to exceed any legal limit on interest, if any such legal limit applies. If an excess sum occurs, it shall be applied to principal unless Local Government elects its return in writing. Any payment not made within fifteen days of the date due shall be considered a payment not paid when due within the meaning of 0.C.G.A. Sec. 50- 23 -20, or similar provision of law, and the Authority shall notify the Director of the Fiscal Division of the Department of Administrative Services. The Director shall withhold all funds of the State and all funds administered by the State, its boards, agencies, and instrumentalities, which funds are allotted to Local Government until Local Government has paid all sums due Authority and has cured or corrected all defaults under this promissory note and any accompanying agreement or other document. Local Government waives presentment for payment, demand, protest, and notice of non - payment. Neither a failure to accelerate for default nor acceptance of a past due installment shall be a novation of this promissory 1 1 note or a waiver of the right to insist upon strict compliance with it and with accompanying agreements and documents. Local Government shall pay all costs of collection, including but not limited to reasonable attorney's fees if Authority endeavors to collect this note in any manner through an attorney at law. The rights and remedies of Authority provided in this promissory note are cumulative and not exclusive of any other rights and remedies afforded Authority by law or by any other agreement or document. This promissory note shall be governed by and construed and interpreted in accordance with the laws of the State of Georgia. In witness whereof, Local Government has caused this promissory note to be executed under its seal as of this 10th day of March CITY OF TYBEE ISLAND By ,19 88 • Typed Name: Walter W. Parker Title: Mayor Attest: r Name: J» Title: Clerk of Council 1 1 RESOLUTION WHEREAS, The City of Tybee Island operates on a fiscal year beginning on January 1st and ending on December 31st of each succeeding year and WHEREAS, The State of Georgia, in the Official Code of Georgia, Section 36 -81 -7, provides for the submission of the City's proposed budget to the public; and WHEREAS, in obedience to the Georgia Code, the FY 1999 budget has been submitted to the the Tybee Island City Council; and WHEREAS, On October 8th, a public hearing on the budget was held before the Mayor and Council in Open Meeting, and WHEREAS, the public was informed in a manner proscribed by law of the availability of the budget for inspection both in the office of the Clerk of Council during the regular business hours of the City and at the Tybee Island Branch of the CEL Library during their normal hours; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA IN OPEN MEETING ASSEMBLED, THAT THE AFORESAID BUDGET FOR FY 1999 IS HEREBY ADOPTED AS ORDAINED BY THE STATE OF GEORGIA AS FOLLOWS: [Adding 8.3 Budget Resolution] THIS 12th DAY OF NOVEMBER, 1998. Mayor Walter W. Parker B.5Z-icc-OLT)-. Clerk of Council, jrb Date: 11/19/98 FUND NAME CITY OF TYBEE ISLAND ANNUAL BUDGET ESTIMATE - REVENUE SUMMARY Fiscal Year: 1998 -98 1995 -1995 1996 -1996 1997 -1997 Page: 1 CURRENT YEAR (1998 -1998) COMING YEAR (1999 -1999) ACTUAL EST NUMBER ACTUAL ACTUAL ACTUAL BUDGET TO DATE YEAR REQUEST RECOMM APPROVED GENERAL FUND 10 3250010 3221396 3595752 3767819 3552671 4254429 4352550 4352550 4328550 WATER & SEWER FUND 20 936390 984810 1112420 2005141 912343 2064696 4669358 4669358 4595158 SPECIAL PURPOSE SALES TAX 30 437189 93675 115110 270000 139235 337235 673600 673600 698600 REVENUE BONDS 40 0 0 8527 0 2120 2120 0 0 0 TOTAL 4623589 4299881 4831809 6042960 4606369 6658480 9695508 9695508 9622308 I 1 1 R E S O L U T I 0 N WHEREAS, there does exist the Coastal Incentive Grant Program, Rules and Regulations of the State of Georgia Chapter 391 -2 -5- .01(7), hereinafter "the Grant Program "; and WHEREAS, the purpose and general scope of the Grant Program is to provide financial assistance in the form of grants to county and municipal governments; state agencies; and educational and research institutions for projects that further the mission of the Coastal Management Program; and WHEREAS, The Coastal Resources Division of the Georgia Department of Natural Resources (DNR) has been designated to administer the Grant Program and to make awards of financial assistance grants to eligible recipients pursuant to and in accordance with the provisions of the Grant Program; and WHEREAS, the City of Tybee Island has heretofore submitted a completed application for a financial assistance grant in accordance with the provisions of the Grant Program (hereinafter the Application); and WHEREAS, DNR has completed its review of the Application as above - referenced, and has determined from such review that the City of Tybee Island meets the qualifications and requirements for financial assistance in accordance with the provisions of the Grant Program; and WHEREAS, DNR has expressed its willingness to provide financial assistance under the Grant Program to the City of Tybee Island in accordance with the terms of the Agreement attached hereto as Exhibit A, ( "the Agreement ") upon execution of the Agreement by the City of Tybee Island; and WHEREAS, it is the desire of the City of Tybee Island to enter into the Agreement with DNR and to be bound by all terms and conditions set forth therein, and to receive, process, administratively handle and utilize the sums upon the said terms and conditions and for the purposes set forth in the Agreement; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Tybee Island, in open meeting assembled, hereby ratifies and affirms the actions taken thus far by Mayor Walter W. Parker and the City Manager, Bill Farmer (and others acting under their authority and direction), in connection with the execution and submission of the Application as referenced above. 1 1 BE IT FURTHER RESOLVED that the City Manager is hereby fully authorized to execute the Agreement attached hereto as Exhibit "A" (and as many originals thereof as may be required by DNR) on behalf of the City of Tybee Island, and to bind it to the terms and conditions set forth therein. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any and all other action, without further approval or action of the City Council, which may be necessary or appropriate in order to fully consummate and carry out the intent of the Agreement. BE IT FURTHER RESOLVED THAT the City Manager is authorized to receive on behalf of the City of Tybee Island the sums referenced in the Agreement, and to process, administratively handle and utilize said sums for the purposes, and upon the terms and conditions set forth therein. BE IT FURTHER RESOLVED that the City Council hereby ratifies and confirms all that the City Manager shall do or cause to be done by virtue of the authority granted herein. THIS DAY OF , 1998. THE CITY OF TYBEE ISLAND MAYOR: ATTEST 1 RESOLUTION WHEREAS, Solomon Avenue is a part of the municipal street system owned by the City of Tybee Island and it is therefore public property and should retain a public use; and WHEREAS, it is in the best interest of the City of Tybee Island and its citizens and, more particularly, those residents living in the immediate area involved who are adversely affected by certain of the through traffic and the consequences thereof, that the portion of Solomon Avenue generally Jones Avenue West for sixty (60) feet be closed to through traffic, at least on a temporary basis, in order to evaluate the impact of such closure; and WHEREAS, the City wishes to retain its title in Solomon Avenue and, therefore, will not abandon its interest therein. NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Tybee Island duly assembled that for a period of 180 days from the effective date hereof and for such further periods as Council might approve within such period, Solomon Avenue shall be closed to through traffic from Jones Avenue West for sixty (60) feet and appropriate temporary barricades shall be installed in order to implement and maintain the closure. Council at any time reserves the right to review this closure and to extend, reduce or eliminate its terms. ADOPTED this day of , 1998. ATTEST: ILJIk R. BROWN, CLERK WALTER W. PARKER, MAYOR