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HomeMy Public PortalAbout19990708CCMeeting1 1 1 @ @ITEM 1999 -07 -08 City Council Minutes Mayor Pro Tem Donald E. Anderson, Jr. called the July 8, 1999 Council meeting to order at 7:30 P.M. with the following members of Council present: Ed Merves, Jack Youmans, Anne Monaghan, Michael A. Hosti and Mallory Pearce. Mayor Parker was out of town. City Attorney Edward Hughes and City Manager Bill Farmer were present. Council member Monaghan gave the invocation, which was followed by the Pledge of Allegiance. April Moore requested that Council approve a 4 square foot variance for a sign to be placed on Butler Avenue adjacent to Saint Michael's School. Monaghan questioned the size and the location of the proposed sign. Youmans said that this sign is not a big as the Baptist Church sign. Monaghan said that the use of a shark mascot needs to be rethought. Mrs. Dorothy Long addressed Council concerning a parking petition that she presented to Council. Long said that she understands that a change to the ordinance is necessary in order to correct the problems. Pearce asked what is in front of her home now? Long said a yellow line. Farmer explained that in years past that Council has allowed private spaces for property owners. Farmer stated that business owners would also like free parking in front of their buildings. Youmans said that the streets belong to everybody and that a yellow line means it is illegal to park. Farmer said that usually yellow lines mean driveways or that the space is to small to be considered a parking space. Hosti asked Mrs. Long if she had parking on her property. Long answered yes, but she needs four spaces. Hosti stated that Council has had several requests for resident parking permits in the past few months and that none have been granted, this is a problem and that he feels that a study is in order. Long said that the family has always parked on the yellow line in the past. Monaghan said that in talking with the Mayor it was mentioned that a study will be done this fall. Youmans asked Farmer to fmd out why the yellow lines are where they are now. Farmer said that there are two reason that he knows of now — the signs that state "Park by Meters ONLY" and for safety reasons. Merves asked if yellow lines are in place for the mailboxes. Hosti told Mrs. Long that she should continue to pressure Council to do a study. Ms. Kelly Williams of Powertel presented Council with a request to place an antenna at the bottom of the ball of the new water tank. Pearce asked Farmer for his opinion. Farmer said that the tank was constructed with reinforcement at the top for the antennas, stating that when one level gets full then you can go higher for more. Merves asked how many are being considered? Farmer said this one and possibly 3 more. Youmans said that the picture shows a heavy -duty ring on the tank and that you could walk around. Williams answered that the antenna will be clamped to the tank. Youmans asked how? Williams said with a metal mount. Monaghan asked why not go on top of tank. Williams said because of interference issues and use of different bands. Monaghan asked the expense to the City? Williams said that there would be no expense to the City of Tybee Island. Hosti said that as long as the revenue from any lease go towards the Gym Fund that he did not care where the antennas are located. Youmans said that the 1 1 1 WTOC Sky Cam is to be located on the tank. Farmer said that one reason for going on the top is so as not to break the paint seal. Youmans said that he is glad that Farmer mentioned paint because he wants to know when the contractor is going to put a second coat on the tank. Farmer said that the City is withholding payment. Youmans said that the tank will have to be sanded or pressure washed before the second coat can be applied. Hughes said that telecommunications are on the agenda, and that he has received a lot of communications from at least 4 different companies. James C. Carter read a prepared statement concerning the great loss that Tybee Island is seeing from people who are trying to run us off our island paradise and cover it over with concrete, condos and trash. Carter said that enough is never enough for them and that they are armed with finance and power. Jenny Orr, owner of Fannies on the Beach, talked with Council concerning the noise ordinance that is unenforceable. Ms. Orr said that she has asked Paul Mazo to demonstrate the noise level tonight. Orr read portions of the ordinance. Orr said that she would like to see the City correct the ordinance tonight and make it enforceable. Orr handed out information pamphlets to each Council member. Mazo explained portions of his recommendations stating that 65 is too low for a commercial district. A lengthy discussion was held on this issue. Penn Myrick addressed Council, stating that the demo was all a matter of smoke and mirror. Myrick is opposed to the loud music. Myrick invited the Council to come to dinner on Saturday night and see for themselves what he is complaining about. Hosti asked what's for dinner? Cheryl Sadowsky spoke in support of Orr, and so did Carol Freeman. Harriet Simmons spoke about the setback issue, saying she thought it had been voted on already, and adding that Tybee seems to be run, not by democracy, but by hypocrisy. She said it doesn't make sense to come back to the same issues over and over. Jack Youmans explained that he requested reconsideration because no one understood what was being done and the vote was taken anyway. Michael Hosti said the reconsideration is to clarify and make sure everything is correct, not to change things. Chris Solomon said that he attended the planning commission meeting. He commended the members for their research, and they are doing an excellent job. They voted to recommend that the City seek a professional planner; this setback issues affect a lot of people, and the City Council should listen to what the planning commission says. Whitley Reynolds spoke, saying that the City Council needs to carefully consider the issues and not vote according to an applause meter. Pam O'Brien said the setbacks came from the moratorium where the varying viewpoints were discussed. She said 4 proposals are before Council tonight: 1) 20/10/10 in C -1, 2) 10 /10 /10 in C -1, 3) Addition of C -2; and 4) 8/6/5 for commercial. Bubba Hughes added that clarification of the valid distinction between hotels, motels, condos and townhouses and that there are concerns about procedural processes. He explained that in 1995 or 96, when the land use plan was written, the C -2 setbacks were changed without specific notification to property owners. Ed Merves commented that it is more and more difficult for people to know about issues. Alice Martin said she hears people say we've reached optimum density, but she sees trees and green space all around. She commended the City Attorney for doing a good job. 1 1 1 Grant Osborne said he sees a direction in which the city is going that can't be fought, but can be channeled into ways that are beneficial to the community and its residents. Crowds need to be controlled. Entered into the record of this public hearing were letters from Randy Warner and Harry Spirides, and findings and minutes from the planning commission meeting. Copies of materials regarding the petitions were available for the public. A public hearing on the millage rate for fiscal year 1999 was opened. Chris Solomon asked Council to lower the millage, saying that old people are being forced out, and young people can't afford to buy homes. No one else spoke, and the public hearing was closed. A public hearing on a variance petition by Denny Herb, owner, 1216 Miller Avenue was opened. Responding to questions from Councilmembers Monaghan and Pearce, Mr. Herb explained that he has a small porch on the Miller Avenue side of his house that his wife believes is too narrow; he'd like to enlarge it, and needs a 4' setback variance in order to do so. Henry Levy reported that the Planning Commission found that it conforms to the neighborhood, and voted to approve the variance. The public hearing was closed. A petition for a minor subdivision with a setback variance at 1702 Inlet Avenue was postponed at the request of the petitioner, Barry Brown. Rachel Perkins asked if there will be a later opportunity to speak and the City Attorney answered affirmatively, and the hearing will be re- advertised. Charles Wilkins of 1708 Lovell Avenue spoke. The hearing was closed. A public hearing on rezoning of #9 Rosewood Drive, owner Phil O'Dell, was announced. Mr. Hughes explained that the northern portion of the lot with the house on it, is being rezoned R -1. Mallory Pearce said Council does not have the plat showing the driveway. Henry Levy said that the Planning Commission voted 4 in favor and 4 abstained. Jack Youmans the favorable votes won. Tony Scarwid said he is confused about the driveway and is afraid it will cause runoff onto neighboring properties. Mr. Hughes said the subdivision was contingent upon the plat of the driveway. Ed Merves said City Council expects Hogan/Rusher and/or O'Dell to open a driveway onto Oceanview Court. Hogan said the owners have not discussed this. Bubba said he would await the plat. The public hearing was closed. A public hearing for #10 Oceanview Court, petition to re -zone to R -2 was opened. Henry Levy said the vote was 4 in favor, 4 abstaining. The petition is by the city, an attempt to avoid a lawsuit. The same questions of the locations of the driveways on the plat also halts further consideration of this petition. The hearing was closed. The request for a minor subdivision located on Bay Street (P1N# 4- 21- 16-49) was postponed at the request of the petitioners. Rick Hogan said that following the recent rains a portion of the plat was redrawn to deal with drainage issues and they'd like to go back to the Planning Commission next month. The public hearing will be re- advertised. 1 1 The public hearing on zoning text amendment 3 -690 was next heard. Diane Killorin urged the City Council to note that each draft ordinance is an attempt to add C -2 to the C -1 zoning setbacks, and C -2 deserves to be studied separately. Jack Youmans said the subject is reconsideration of the 10/10/10 setbacks. Diane Killorin said she sees many mistakes in all four proposed ordinances. Sally Keller said she objects to adding single- family homes in C -1. This changes the nature of the business district. She said C- 1 is supposed to be a retail district. Jeff Schroeder said he is very much in favor of the compromise of 10 /10 /10. This is much more reflective of the desires of the C -1 residents. From 0 to 20 is unrealistic. Penn Myrick said Mr. Schroeder isn't giving up any property. He added that the C -1 setbacks aren't broken, why fix them? He said condos pay hotel/motel taxes just like hotels do. Henry Levy said he thinks we are experiencing the results of bad planning; he suggested leaving everything as is and hiring a professional planner before making any further changes. Gertie Hendrix said we need to think about why we came to Tybee, not just how long we've been here. She said we have more flooding now and a bumper crop of mosquitoes. What has been done about Mrs. Marianna Seyden's drainage problem caused by development? She said people should be made to save trees or immediately replant them. She said the Indians knew we must replace what we destroy. Do you care about Tybee? Your vote tonight will be remembered for a long time. The fact that earlier remarks dealt with these public hearing issues was noted. The hearing on Code Section 3- 090(b) Commercial District /Dimensional Requirements was closed. The next public hearing was a text amendment prepared by the City Attorney based on a proposal by Councilman Merves that 65% of the setback space be reserved as permeable area. Henry Levy said the Planning Commission approved this proposal with the addition of the word "permanent ". Rachel Perkins said that the public right -of -way from the property line to the street should not be obstructed (safety issue) and that driveways should be limited to 25 feet. For drainage considerations a major percentage of the public rights -of -way should be permeable space. The public hearing was closed. The public hearing on a text amendment, Code Section 8- 5 -40 -C (10) requiring that all variances be identified on the site plan was next heard. Henry Levy said the Planning Commission approved. There were no other speakers and the hearing was closed. A public hearing on text amendment 8 -5 -080, Site Plan Approval, was opened. Henry Levy announced that the Planning Commission voted for approval. Anne Monaghan questioned why this section needs to be changed, and the City Attorney said it is to eliminate the problem of people coming back for a variance after the public hearing on the site plan has been held. Jack Youmans said the site plan should go to the city's engineers, not to Chatham County engineers. The public hearing was closed. A public hearing on a text amendment of 8- 5- 090(e) Variances followed. The Planning Commission recommended approval of the text clarification. The public hearing was closed. 1 A public hearing on 8 -5 -130 Major Subdivision Plat Procedures was heard. Henry Levy said the Planning Commission voted to recommend approval. There were no other speakers. The hearing was closed. A public hearing on a proposed park in the unopened rights -of -way of Maple & Pine Streets was opened. Rachel Perkins, speaking as the chairman of the Natural Habitat Committee, said the Maple Street area is a natural habitat for birds and there is a fringe of trees that could potentially be a bird habitat, with the possibility of a viewing platform. The hearing was continued until the regular August meeting. The proposal for a nature path on an unopened portion of Fifth Avenue south of U S 80 was withdrawn. The Planning Commission approved the idea of a nature walk or park, but believes that quit claims from adjacent property owners may be wise. The City Attorney will advise Council at or before the August meeting. Jack Youmans said he hopes the committee will take better care of the area than has been taken of the Blue Heron path and platform. Mr. Osborne said preservation of natural areas is obviously good for the island, but has anyone assessed its impact on tourism? Mallory Pearce said that DNR has published a birding guide with maps and that the North Beach is included. The hearing was closed. Phil O'Dell asked to speak for his subdivision petition for #9 Rosewood Drive. He said he had marked the driveway on the ground, and hoped everyone on City Council had the opportunity to see it. Anthony Scarwid said the plat still shows a driveway off Rosewood. O'Dell said his frontage on Rosewood is 156 feet, and he has the right to open it today. He also said this is the fourth month this issue has been discussed, and a decision needs to be made. Ed Merves asked the size of the R -1 lot, and O'Dell answered 7,100+ square feet. Mr. Hughes said a copy of the plat should be attached to these minutes and to the minutes of the June meeting. Tony Scarwid said there is a large runoff of water along the fence and no effort has been made to correct the drainage. Mr. Osborne, a mayoral candidate in the City of Atlanta, said the city should consider speed bumps every 250 feet, and should have a police officer present at every meeting. The meeting was opened for business legally presented. A motion was made by Jack Youmans to set the 1999 millage at 5.5 mils. Dee Anderson seconded. Ed Merves said that the growth in the digest would allow a decrease to 6 mils. Mallory Pearce agreed that 6.0 would be neutral, but 5.5 would represent a decrease in revenue. Jack Youmans said that a decrease has nothing to do with water /sewer; the general funds loaned will have to be paid back. Bill Farmer said that 1 mil represents $170,000 in revenue to the city. Merves said that the general fund loan to water /sewer is applicable. It takes the surplus away from one fund. We need to be careful about reducing because we are seeking bids for the gym/pool complex. A part of the revenue from tower communications may go away. Jack disagreed; saying the tower money isn't going away for a few years. Vote on the motion was 3 (Anderson, Youmans, and Hosti) to 3 (Pearce, Merves, and Monaghan) and the motion failed due to lack of a 1 1 1 majority vote. Ed Merves then moved that the millage be set at 6.0 and Hosti seconded. The vote was unanimous in favor. A 4 -foot variance for a St. Michael's School sign on Butler Avenue was unanimously approved on motion of Michael Hosti, with Dee Anderson seconding. A motion by Mallory Pearce, seconded by Hosti, for the City Attorney to re- examine the Noise Ordinance, taking Paul Mazo's offer of volunteer services as a consultant, passed unanimously. After a long discussion of communications leases, locations, towers, and lease fees, a motion from Jack Youmans that the City Attorney be given the authority to negotiate the leases with Powertel and American/Tryon was seconded by Ed Merves. The motion passed by a vote of 5 —1, with Anne Monaghan casting the dissenting vote. Jack Youmans moved, with a second by Mallory Pearce that all fees are to be allocated to the gym fund, and an amendment by Michael Hosti adding "and interest" was accepted. The vote was unanimous in favor. It was also agreed that the City Council will see the final lease documents. Ed Merves moved, with second by Mallory Pearce, that the City Attorney be empowered to negotiate with all communications companies who are currently interested in towers or tank space. The vote in favor was unanimous. Michael Hosti (motion) and Mallory Pearce (second) moved to approve the four -foot front setback for Denny Herb, 1216 Miller Avenue, PIN # 4 -07 -10 -008. The vote was unanimous. The Zoning Map Amendment for #9 Rosewood Drive (R- 1/Reduced Lot Size) was approved by motion of Jack Youmans, seconded by Michael Hosti. Voting in favor of the motion were Youmans, Monaghan, Anderson and Hosti. Voting against were Merves and Pearce. The Zoning Map Amendment for #10 Oceanview Court (PIN # 4 -03 -10 -003) to R -2 was approved by motion of Jack Youmans, seconded by Michael Hosti. The property includes a portion of the O'Dell property at #9 Rosewood as shown on a plat presented by Hogan, Rusher and O'Dell. The vote was 6 — 0. A minor subdivision with lot reduction for a Bay Street property (PIN # 4 -21- 16-49) was postponed at the request of the petitioner, Rick Hogan. The hearing will be re- advertised. Michael Hosti moved to approve the driveway for Phillip O'Dell for #9 Rosewood Drive. The second was by Jack Youmans. The motion failed due to a tie vote. Voting for the motion were Youmans, Hosti and Anderson. Voting against the motion were Monaghan, Merves and Pearce. A motion to reconsider and leave as shown on plat, made by Michael Hosti and seconded by Anne Monaghan, was accepted. 1 1 1 Mallory Pearce moved to deny the reconsideration of C -1 setbacks of 10 /10 /10. Anne Monaghan seconded. For clarification, Mr. Hughes explained that a positive vote on the motion would leave the setbacks as they are. The alternative provisions relative to the C 1 setback were read by the City Attorney and it was explained that a vote to leave the setbacks as they are would be an equivalent to a vote against the other proposals. Voting in favor of the motion were Monaghan, Merves, Pearce and Hosti. Voting against the motion were Anderson and Youmans. A motion to leave 3 -090b - C -2 setbacks as they are (20/10/20) was made by Hosti and seconded by Pearce. Voting in favor were Hosti, Pearce, Monaghan and Merves. Voting against were Anderson and Youmans. The Planning Commission recommends a consultant study of commercial setbacks. Michael Hosti requested that a public hearing on C -2 setbacks be advertised for the August meeting. Jack Youmans moved to ask the City Attorney to write a setback ordinance for C -2 like the one adopted for C -1, with setbacks of 8/6/5. There were 5 in favor of the motion (Youmans, Merves, Anderson, Pearce and Hosti). Voting against was Anne Monaghan. The zoning text amendment regarding Green Space was next considered. Mallory Pearce made a motion to adopt the ordinance with the Planning Commission's suggested addition of "permanent permeable ". Ed Merves seconded. The vote was unanimous in favor, and the ordinance passed on 1st Reading. Jack Youmans moved that all driveways be grandfathered as of this date. Dee Anderson seconded. The vote was 3 (Youmans, Anderson, and Hosti) to 3 (Pearce, Monaghan, and Merves). A tie vote was recorded. On motion by Mallory Pearce, seconded by Ed Merves, Code Section 8 -5 -040© (Variance) was unanimously approved on Pt Reading. Code Section 8 -5 -080 (Site Plan Approval) was approved on 1st Reading by a vote of 5 — 1, with Jack Youmans dissenting. The motion to approve was made by Mallory Pearce, with second by Ed Merves. The 1" Reading of Code Section 8- 5- 090(e) (Variance) was accepted. Mallory Pearce made the motion, with a second by Michael Hosti, and the vote was 5 — 1 with Jack Youmans casting the negative vote. Michael Hosti moved that 8 -5 -130 (Major Subdivision Plat Procedures) be accepted on 1st Reading. Mallory Pearce seconded, and Jack Youmans opposed. The vote was 5 —1. A motion to approve the proposal for a natural habitat with the possibility of a future platform for observation on unopened rights -of -way of Pine/Maple Streets was made by Mallory Pearce, with a second by Anne Monaghan. Hosti said people would be walking through the yards of others. Youmans said the last planner said to fill 1 1 1 the whole area. Mr. Hughes said we will need to determine by a survey what the boundaries are, and get quitclaims from abutting owners. Bill Farmer agreed that preliminary work is needed, but perhaps a conceptual approval before we proceed would be in order. The vote was 3 (Pearce, Monaghan, and Merves) to 2 (Anderson, Youmans). The proposal by the Natural Habitat committee for a nature trail or path through the unopened section of Fifth Avenue, South of U S 80 was withdrawn. Minutes of the meeting of June 10th were approved unanimously. The motion to approve was made by Mallory Pearce with a second by Ed Merves. Michael Hosti, seconded by Mallory Pearce approved bills from May, 1999 unanimously, with a motion. An alcoholic beverage license for Colette Deal of McElweese's Restaurant was approved by unanimous vote. Michael Hosti made the motion, which was seconded by Jack Youmans. It was reported that the city engineers have delayed the bid opening for the Sewer Lift Station #11 project. The DOT contract agreement for paving of Oceanview Court, Center Street and Jones Avenue, North was approved unanimously. The motion was made by Anne Monaghan and seconded by Ed Merves. The donation of surplus fire equipment to the Newington Fire Department was unanimously approved. Jack Youmans made the motion and the second was by Michael Hosti. The Tybee Island Historical Society has a grant for a historic preservation survey, and has asked the city for additional funds for the project. Cullen Chambers explained that there is a $4000 grant from the state, and citizens have raised $2000. Mallory Pearce moved that the city approve a grant, not to exceed $2000. Anne Monaghan seconded. Jack Youmans said no one here appointed this committee, and the money should stay in the city general fund. The vote was 4 (Pearce, Monaghan, Hosti, and Merves) in favor, 2 (Anderson, Youmans) against. A Resolution approving the earlier vote on city millage rate of 6.0 was read and approved unanimously. The motion was made by Ed Merves and seconded by Mallory Pearce. An agreement with Chatham County for beach renourishment was approved. The motion was made by Ed Merves and seconded by Mallory Pearce. The vote was 5 —1, with Jack Youmans casting the dissenting vote. 1 1 1 Code Section 2- 4- 13(A)(5) Leave Policies was approved on 1st Reading, with motion and second by Michael Hosti and Dee Anderson. The vote was unanimously in favor. There was discussion of storm drainage, and of the recent 12" rainfall, but no formal action was taken. The City Council went into Executive Session to discuss pending litigation, then resumed the meeting. Ed Merves introduced a motion to reconsider the driveway question at Rosewood/Oceanview. The vote was unanimous. Jack Youmans then moved to approve the driveway shown on the plat, not opening onto Rosewood, and Michael Hosti seconded. Mallory Pearce said there should be a screen and it would be more acceptable to replant and restore the screen. Jack Youmans called for the question and Dee Anderson seconded. The vote in favor of the motion was unanimous. The meeting was adjourned. Assistant City Manager Rowena B. Fripp Mayor Pro Tem Donald E. Anderson, Jr. R E S O L U T I 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, 1999 and ending December 31, 1999 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, 1999 through December 31, 1999 be set at .66 43 mills. Adopted this 8th day of July, 1999. Mayor J-�9. & • ,�c,,,-0� L. 1 1 1 Bills for the Month of May 99 General Government Administration 37,937.67 Inspection 10,280.72 Special Appropriation 49,171.20 Police 110,771.21 Fire 26,161.21 Public Works 77,115.46 Sanitation 44,170.41 Recreation 33,073.71 Lifeguards 10,011.42 Parking 16,506.90 Total of General Fund Expenditures 415,199.91 Water Sewer 197,205.04 Fund Three Beach Renourishment -0- Fund Four SPLOST 98 Other Misc Drainage Capital -0- 1 1 STATE OF GEORGIA COUNTY OF CHATHAM MEMORANDUM OF UNDERSTANDING AND INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, by and between CHATHAM COUNTY, political subdivision of the State of Georgia, hereinafter referred to as "County" and the CITY OF TYBEE ISLAND, GEORGIA, hereinafter referred to as "City." W I T N E S S E T H WHEREAS, the Constitution of the State of Georgia of 1983 in Article 9, Section 3, paragraph 1, provides that municipalities and counties of this state may contract with each other for the provision of services through intergovernmental agreements for a period not to exceed fifty (50) years; and WHEREAS, the City has agreed with the Department of Army hereinafter referred to as "Government ", for purposes of construction upon Tybee Island, Georgia Project at Tybee Island, Chatham County, Georgia, pursuant to Section 201 of the Flood Control Act and designated by the Assistant Secretary of the Army (Civil Works) on August 24, 1998 of the "Special Report of the South Tip Beach /Tybee Creek Portion of Tybee Island Beach Erosion Control Project, Georgia ", dated November, 1997, revised May, 1998, for purposes of providing periodic nourishment to the Oceanfront Beach and Future notching of existing groins at South Tip Beach; construction of groins in Tybee Creek; and other associated projects; and 1 1 1 WHEREAS, the City has the opportunity as part of this program and agreement with the Government to obtain substantial contributions and funding in support to share the total cost of construction of the beach renourishment project and various ancillary designated projects; and WHEREAS, the City, in order to take advantage of governmental sharing of cost, anticipates that it will need available to it one million dollars ($1,000,000.000) for its contribution share and the City does not currently have said sum for purposes of funding said project at the present time; and WHEREAS, the City, is a participant under the authority of Article III of Chapter 8 of Title 48 of the Official Code of Georgia Annotated for purposes of participating in a Special Purpose Local Option Sales Tax and Use Tax (SPLOST) approved by the voters of Chatham County, Georgia; and WHEREAS, the City is a signatory to an intergovernmental agreement for the distribution of the Special Purpose SPLOST proceeds by the County to municipalities for purposes of capital outlay projects, and that it is contemplated in the resolution and intergovernmental agreement that proceeds to the City for drainage and capital improvement projects under "attachment one" of the resolution include beach renourishment projects; and WHEREAS; the Special Purpose SPLOST tax will, in the future, generate sufficient revenue to fund those capital improvement projects designated within "attachment one" of the resolution and Intergovernmental Agreement; and 1 1 1 WHEREAS, the City does not have the necessary funding and capital to design or participate in said beach renourishment project without Government assistance at the current time; and WHEREAS, the City has approached the County to assist them and ensure the well being of the public safety of the citizens, together with providing recreational opportunities for the citizens of Chatham County by participation in this beach renourishment project; and WHEREAS, the County desires to assist the City in providing this necessary project for the health and safety of the citizens, as well as recreational opportunities for the citizens of Chatham County; and WHEREAS, there is no specific legal prohibition for Chatham County to loan a portion of the Special Local Option Sales Tax Fund to the City in the amount of one million dollars ($1,000,000.00) in its One Percent Sales and Use Tax to complete certain capital projects, including beach renourishment, and said SPLOST tax shall generate sufficient funds for these capital improvements during the period of October 1, 1998 through September 30, 2003; and WHEREAS, the Commissioners of Chatham County have reviewed this Intergovernmental Agreement; and WHEREAS, at the official meeting of Chatham County on April 9, 1999, Chatham County agreed to loan one million dollars ($1,000,000.00) to the City to be drawn down as needed from said project and to pay the interest rate in the amount of three and 1 1 1 one -half percent (3-1/2%) constituting the amount that Chatham County pays for purposes of borrowing SPLOST funds; and WHEREAS, the parties to this Agreement understand that during the period of 1998 -2003, that there shall be sufficient money generated to fund those capital improvement projects that were originally anticipated as part of "attachment one" to the resolution and Intergovernmental Agreement between the County and municipalities; and WHEREAS, the Intergovernmental Agreement for the disposition of Special Purpose Local Option Sales Tax proceeds includes a commitment by Chatham County to distribute to the City of Tybee Island one million dollars ($1,000,000.00) of funds received for capital improvement projects under "attachment four" of the resolution and this agreement is not intended to alter that commitment but, rather, that commitment and all other commitments of the Count,/ shall continue; WHEREAS, the City agrees that it will exercise its judgment as is necessary to ensure these funds shall be used for beach renourishment. NOW, THEREFORE, in consideration of the mutual covenants and agreements, the City and County do hereby mutually agree as follows: 1. Upon execution of all documentation being necessary by the County, that it will extend to the City the sum of one million dollars ($1,000,000.00) to be drawn down by the City as needed for its share of the cost of the 1 1 1 project enumerated in this agreement and to secure the participation of the U.S. Government in sharing portions of the cost of project, should the City representing that all funds borrowed will be used and associated with this specific project and that any unused funds shall be returned to Chatham County immediately for purposes of reducing the principal amount of this loan. 2. The County will loan one million dollars ($1,000,000.00) to the City from Special Local Option Sales Tax reserved for specified projects designated for certain beach renourishment in "attachment one" of the resolution and Intergovernmental Agreement and that the City shall repay said principal amount of loans and all outstanding unpaid balance of principal bearing interest at the rate of three and one -half percent (3 -1/2 %) per annum until paid in full. The interest upon said principal amount shall not run upon said funds until such time as the City has drawn down said funds. 3. The City, as security for a source of repayment of this outstanding loan, does agree to pledge as security, an amount of up to one million dollars ($1,000,000.00) of proceeds, that the City anticipates receiving as a result of any distribution from the 1998 -2003 One Percent Special Local Option Sales Tax for those projects designated in "attachment one" of the resolution and Intergovernmental Agreement. 1 1 1 4. The City does agree to grant as security for this loan the right of the County to refrain from making a distribution of the 1998 -2003 SPLOST fund amount designated for the City up to one million dollars ($1,000,000.00), plus interest, until the outstanding of the balance of loan is paid in full. 5. In further consideration of the County making this loan, the City does hereby agree that should any distribution under the 1998 -2003 SPLOST funds not be sufficient to amortize the principal and outstanding accrued interest, the City will agree to repay said funds from the general revenue of the City. 6. That the principal amount of the loan shall be for one million dollars ($1,000,000.00) and shall be for a term not to exceed November 30, 2003. That at the conclusion of this term, the entire outstanding principal amount, together with any accrued interest shall be due and payable unless paid sooner by the City. 7. Should the city fail to pay the entire outstanding principal and interest due not later than November 30, 2003, all outstanding principal and accrued interest shall bear interest at a rate of five percent (5 %) per annum thereafter until paid. In the event of default by the City, the City grants the County the right to withhold any distribution of proceeds under the 1998 -2003 6 1 1 1 Special Local Option Sales Tax until paid in full in its entirety. 8. The City by execution of this Agreement recognizes that the funds requested herein constitute a loan of proceeds of the Special Local Option Sales Tax, and as such, do hereby pledge the full faith and credit of the City to ensure full and complete repayment of the principal amount with interest and will not at any date in the future request the County in any manner to forgive or forego the collection of the full amount of said indebtedness. 9. That the City will, upon request of the County, provide an accounting of all proceeds of this loan to demonstrate that the funds were used for the purposes of the project contemplated by this loan. 10. The County agrees that upon the request of the City to draw down or fund said one million dollar ($1,000,000.00) loan, that the county within ten (10) days of said request shall fund said money to the designated governmental entity or escrow account as directed by the City. 11. Notwithstanding any other provision hereof, nothing in this Agreement shall impair or affect the obligation of the County or the right of the City to receive one - fourteenth, but not more than one million dollars ($1,000,000.00), for beach renourishment projects from 7 SPLOST proceeds received by Chatham County for distribution for "attachment four" projects. The City is further authorized to use such proceeds for payment of this loan or application to the then outstanding balance of this loan. IN WITNESS WHEREOF, the County and City have caused this Agreement to be duly entered into and executed this day of , 1999. Witness Walter W. Parker, Mayor CITY OF TYBEE ISLAND, GEORGIA BY: Notary Public Witness Notary Public ATTEST: Jacquelyn R. Brown Clerk of Council [SEAL] BY: CHATHAM COUNTY, GEORGIA Dr. Billy Hair ;":.Cfi.'ixman Board of Comiiissioners`rf %%- f4 11-N, - �. Ai 4115111b: ATTEST. �w••ed Sy-' 1 E. Ti10411` C erk of Comm4Ss4,0" (*owe': +t,z9 fqqg { 8 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, PaAwf .. 4/0"/ riL , who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the q day of , 1999. (2) That it is my understanding that O.C.G.A. S 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the C% of c1-‘/J5/ , 1999, which was closed for the purpose(s) of JIScws$� hl-,749-"tort/ as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. 1 1 Any unrelated matters which arose during the closed portion of the meeting were ruled out of order and not discussed. This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. § 50- 14 -4(b) that such an affidavit be executed. This / day of w �y , 1999. Sworn to and subscribed bef re me this Cis"‘ day of 1999. v v A, g VIAL. A. ota'y Public e.cLii.r2„ Mayor /Presiding Officer