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HomeMy Public PortalAbout19990909CCMeeting1 1 @ @ITEM 1999 -09 -09 City Council Minutes Mayor Walter Parker called the September 9, 1999 Council meeting to order with the following members of Council present: Ed Merves, Jack Youmans, Anne Monaghan, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City Manager Bill Farmer and City Attorney Hughes were also present. The Reverend Lee Bennett gave the invocation. The Pledge of Allegiance was recited. Ms. Lori Anderson was the first visitor to address Council. Anderson said she has lived on Tybee for the past 37 years and that for 35 years she has been trying to get the City to build a pool for the citizens. Anderson said that maybe the users could pay towards the maintenance of the facility. Ms. Jane Merves told Council of all the advantages of having a gym pool complex. Our children would not have to be bused to the YMCA on Wilmington for swimming lessons and swim meets. You can have classes for aerobics, stroke therapy, parties. Parents would feel safe and secure and this would be a positive impact on the community. Former Mayor Pat Locklear and two of his grandchildren presented Council with money earned from a lemonade stand to go towards the skatepark. Locklear said that there is a need for the pool, stating that when he grew up on Tybee you could only swim in June, July and August. Council could consider a 2 level facility in order to preserve green space. The city could charge the citizens to use the pool. Councilmember Merves said that Recreation Director Tiffany Dennis told him that 30 kids have raised over $300.00 by having a car wash with the proceeds going towards the skatepark. John Jarvis said that the same amount to be spent on the pool should be given to the skatepark. Phil O'Dell said that he is concerned about the City budget. O'Dell said that he was told that about 200 people joined the YMCA at Tybee because it is cheaper and then they can use all the facilities in Chatham County. There were audible denials from YMCA leaders in the audience. Mr. Jeff Schroeder presented Council with a petition signed by all but one of the residents on 17th Street asking that the storage trailer be removed because it is a safety hazard and also an eyesore. Schroeder said that in May he was under the impression that it would only be there for 10 days to 2 weeks. Schroeder read code section 10 -1 -24 Designation of Individual Parking Spaces. Schroeder said that developers raise the elevation of property without putting in proper drainage. Schroeder stated that he has spoken with DNR and if City does not enforce the ordinances then FEMA will put a $50.00 surcharge on property owners. James Carter, III used visual aids in addressing Council on the importance of preserving the soul of Tybee. Carter said that Tybee is slowly dying lot by lot, block by block, generation by generation. Carter said that we are spending too much time on the noise ordinance. Carter stated a vacation without celebr ttion is no vacation at all. Bernie Goode told Council that he would not address the issue of stop signs on Jones Avenue tonight if they would promise to read his E -mail concerning Jones Avenue. Angel Schroeder said that DNR is going to investigate the many complaints from property owners about the noncompliance of developers bringing in fill dirt and causing flooding. Mayor Parker referred to Ms. Angela Byers fc r an answer. Ms. Byers stated that the city is 140 points away from another 5% reduction on flood insurance. 1 1 1 Mr. Gordon Marrow told council that the gym pool complex is going to come whether they vote for it or not. It will be good for the community and will bring it together. Councilmember Hosti thanked all the citizens who spoke in favor of the complex and that he is all for it. Hosti said that the city would have to borrow the money to construct and if the City gets in trouble please don't blame council. Mr. Jim McCusker spoke in favor of the complex stating that Hilton Head has a water park, a pool and the beaches for people to enjoy. McCusker asked Council to look 5, 10 or 15 years down the road. Councilmember Youmans also thanked all who :poke but said that the City has borrowed 1 million dollars against the SPLOST funds from the County, 2 million for Water Sewer, and several other loans, plus a 2 million water sewer bond issue. Youmans said that taxes are going to go sky high pretty soon. Councilmember Merves said that when he came into office that the millage rate was 9.9 and that it has been reduced 3 times. Merves said that the City receives revenue towards the gym from the communication leases, and will continue to do so. Merves said that some funds would come from SPLOST. Attorney Lance Smith was not present to address Council. Mayor Parker opened, asked for comments and closed the following public hearings according to the law. Mr. Earl Pauley presented Council with his petition for a setback variance at 1116 2nd Ave. Pauley handed out pictures to Council stating that the footprint was moved in order to save an old oak tree. Pauley said that the contractor Ron Jacobs did not do any thing against code deliberately. Pearce said that he does not like it when the proper procedures are not followed. Jacobs answered that he has no excuse. Merves commended Pauley for saving the large old oak tree. Ycumans said that he has no doubt that if this had come before Council that they would have voted in favor of the variance. Hosti said that he would like to see Council go forward with removing the stairs on any construction as part of the setbacks. Planning Commission Chair Henry Levy said that they voted 5 in favor, none opposed to the variance. Mr. Stephen Elliott spoke against the variance stating that somewhere during construction the problem should have been taken care of. A minor subdivision for Damarjian & Jamieson was next. Mr. Edward Damarjian explained the request for two single - family lots at #1 18th Place, PIN # 4- 9 -6 -19. Henry Levy spoke for the Planning Commission, saying that they voted unanimously in favor contingent upon the removal of some existing concrete on the lot. Angela Byers noted, in answer to a question concerning density, that one lot would be single family (6,625 square feet) and the other (8,000 square feet) could meet the requirements for a duplex. She said the 20' drive has been closed. A public hearing on a zoning text amendment 8 - 1 -030 Planning Commission was heard, requiring that planning commission members running for municipal offices take a leave of absence after qualifying until after the election. Chairman Henry Levy said he believes the Planning Commission has as much integrity as the elected officials do, and the members voted 4 — 2 against change. Mallory Pearce questioned where the ordinance originated. Angela Byers answered that it was written about 2 -1/2 years ago but she was given a directive on August 13t to work on the planning commission rules of procedure and this particular ordinance was among those that had not yet been considered 1 1 1 by the City Council. Code Section 8 -11 -060 Removal of Members is already in the code and Planning Commission voted to approve. Code Section 8 -11 -110 Duties changes the words "Chatham County Engineers" to "city engineers ", reflecting current practices. John O'Neill spoke for Jennifer Barks, requesting a minor subdivision of 3 lots in R -1 to be called Riverview Estates. He said the lots vary from 12,000 to 13,750 square feet. Anne Monaghan questioned why the request is accompanied by a drawing showing three houses at angles on the lots. John replied that nothing is being built, this is only subdivision into 3 buildable lots. The lots will be for sale. The illustration was done for the planning commission. Mallory Pearce asked if there had been a tree survey, and John answered that Whitley Reynolds did it. Mr. Hughes stated that there is no minimum lot width requirement of 60 feet. Henry Levy said that John O'Neill needs a 5' variance, but he didn't ask for it. He said that the ordinance requires a "60' building line ". He added that the project is very nice and planning commission voted to allow the subdivision, contingent upon the tree survey and a 20' access easement. Jim Stoeffler gave the Council a handout and spoke against the subdivision, saying that on 11 -12 -98 the property was subdivided, and is now up to 5 lots which is clearly an intent to circumvent the major subdivision regulations. He said a major subdivision would require a drainage plan, which minor subdivisions don't. He said the property wouldn't drain as it is and requests that the petition be denied and re- submitted as a major subdivision. John O'Neill remarked that Mr. Stoeffler hasn't been entirely honest with the Council, since he has been trying to buy the parcel himself. Mr. Hughes said the City Council can ask for a drainage plan, but it isn't required. Jack Youmans said he couldn't see that it is needed now, but at the site plan stage, yes. He added that the city has already put drainage in on the east side of the property. It was noted that no site plan is required for single family construction. Jim Stoeffler said that Mr. Smigel has put in drainage next door, but it isn't adequate for all. Mr. Hughes said that the "building line" is not defined in the ordinance. The property owner on the west side asked if there are more stringent requirements for storm drainage for major subdivisions than for minor ones. Mayor Parker answered yes. Angel Schroeder said the lot width used to be 50' but what does it matter if the city isn't going to enforce the code? The meeting was opened for business legally presented. Michael Hosti moved to grant Earl Pauley's petition for 1116 Second Avenue and Jack Youmans seconded. The vote was 4— 2, with Anne Monaghan and Mallory Pearce opposed. The minor subdivision for #1 18th Place was approved by unanimous vote. Michael Hosti made the motion and Dee Anderson seconded. Mallory Pearce questioned whether the concrete has been removed and was answered that the work is underway. The zoning text amendment 8 -11 -110 Planning Commission Duties was approved unanimously on motion made by Anne Monaghan and seconded by Mallory Pearce. The zoning text amendment 8 -11 -100 Meetings, which changes the interval between planning commission and city council meetings from 10 to 9 days, was approved unanimously on motion by Anne Monaghan, seconded by Mallory Pearce. The zoning text amendment 8 -11 -030 Membership will remain "residents ", rather than the proposed "residents and property owners ". Michael Hosti made the motion to reject, and Mallory Pearce seconded. The motion was accepted unanimously. The clause regarding "leave of absence for candidates" was also rejected. The motion was made by 1 1 1 Mallory Pearce and seconded by Michael Hosti. The vote was unanimous in favor of the motion. The zoning text amendment 8 -11 -060 was accepted by a vote of 5 — 1, with Jack Youmans opposing. The motion was made by Anne Monaghan and seconded by Mallory Pearce. It was noted during discussion that most people resign from planning commission if they are elected to the city council, but the clause is currently found in the rules of procedure, not in the planning commission ordinance. Michael Hosti moved to approve the minor subdivision for Riverview Estates, and Jack Youmans seconded. Ed Merves amended the motion to add a request for a drainage plan, and Mallory Pearce seconded. The vote on the amendment was 5 — 1, with Jack Youmans opposing. Jack Youmans said the time for the drainage plan is at the site plan stage and Michael Hosti agreed, adding that it is the City Manager's job to enforce the ordinances and he needs to be held to that. Bill Farmer said that single family construction does not require a site plan. Mayor Parker said the drainage should be addressed by ordinance. Ed Merves said a single - family lot does not come before Council for approval. Angela Byers added that it does not come before the engineers, either, but only Public Works. Vote on the motion to approve, as amended, was 6 — 0. Mayor Parker read a response from Billy Hair, Chairman of the Chatham County Commission regarding emergency medical service on the island. Mayor Parker said the island needs 24 -hour EMS year - round, and his request to the Chatham County Commission elicited the note from the Chairman. The parking of a storage trailer on 17th Street was lengthily discussed. Bill Farmer said that the city has charged Penn Myrick for parking decals, but the trailer is wider than the space, and he is not sure what City Council wants to do. Mayor Parker said he was told the trailer was to be used for storage of cabinets during the construction, which is complete. Penn Myrick said he is still using the trailer, but people keep pulling the parking decals off. Mayor Parker remarked that the trailer is unsightly. Anne Monaghan asked if it could be moved to the big parking lot near the new construction site. Jeff Schroeder said the trailer hasn't been driven in 3 or 4 months, it's not a moving vehicle, and it extends over the yellow line about 3 -1/2 feet into the street. It is illegally parked. Angel Schroeder presented a petition signed by neighbors requesting removal. The street sweeper hasn't been able to sweep the street all summer. Penn Myrick agreed to re- locate the trailer and Mayor Parker stated that Bill Farmer will see that it's done. Bills for July 1999 were approved without dissent. Minutes of July 8th and July 22nd were approved as written. An alcoholic beverage license for Brian Malins, 403 First Street, was unanimously granted on motion of Dee Anderson, seconded by Michael Hosti. Subdivision on Bay Street for Hogan/Rusher was considered. A letter from 10 nearby property owners was read into the record and becomes a part of these minutes. Michael Hosti moved to grant approval and the motion was seconded by Dee Anderson. The motion passed by a vote of 3 (Youmans, Hosti, Anderson) to 2 (Merves, Monaghan). Mallory Pearce abstained. The City Manager presented a DOT contract in the amount of $13,918.21, representing 40% of the cost of paving in 3 locations. A map is attached to, and becomes a part of, these minutes. The cost to the city will be just under $20,000. Angela Byers said that she and William Pye of DPW think that paving Oceanview Court without 1 adding drainage will aggravate flooding in the area. Michael Hosti moved to approve the DOT contract, Jack Youmans seconded and the vote was unanimous in favor. Anne Monaghan moved to allocate up to $5,000 to improve the drainage on Oceanview Court and Mallory Pearce seconded. The vote was 3 (Youmans, Anderson, Hosti) to 3 ( Merves, Monaghan, Pearce). Mayor Parker broke the tie by voting in favor of the motion and it passed 4 to 3. Bill Farmer advised delaying action on a proposal from Olsen Associates, Inc. while waiting on a recommendation from the Beach Task Force. Bill Farmer presented a request for the addition of 2, a total of 4 signatures for wire transfers to and from the Investment Pool. He proposed that he and Tanya Pye, recently promoted to Finance Director, be added. The other 2 signers are Rowena Fripp and Patricia Pagan. Anne Monaghan moved to approve, with second by Mallory Pearce. The vote was 5 to 1 with Jack Youmans casting the dissenting vote. Code Section 2- 4- 13(a)(5) was discussed and Bill Farmer said the department heads have recommended one change, "vacation or sick leave ". Jack Youmans moved to accept as it is written, Ed Merves seconded, and the vote was unanimous in favor. A copy of the ordinance is attached to, and becomes a part of, these minutes. An Intergovernmental Agreement regarding the Pier/Pavilion was read. Jack Youmans moved to deny, with second by Michael Hosti, but Mayor Parker did not accept the motion as he had already recognized Anne Monaghan who moved in favor, with a second by Mallory Pearce. After debate, the vote was 3 (Monaghan, Pearce, Merves) to 3 (Youmans, Anderson, Hosti). Mayor Parker broke the tie by voting for the motion and the Intergovernmental Agreement with Chatham County was approved, with Bubba to change the liability provisions with the county. Mayor Parker said he had asked for more input regarding the gym/pool plans, possibly even a straw poll at the municipal election. Michael Hosti moved that the first design be accepted as a concept and proceed from there, and Dee Anderson seconded. Mallory Pearce said he had withdrawn from discussion due to his brother's proposal last year. Mr. Hughes said he sees no problem in his participation now. Jack Youmans said Chris Solomon got this gym fund started 12 years ago, and he is for the project, but concerned about debt. Anne questioned whether a committee is in place to work with Bill on this, and Bill gave the names of those serving: 3 from the YMCA, Chuck Bargeron, Jim Stoeffler, saying the committee can be utilized if the Council wishes. He recommended a cap on price while working on details prior to actual architectural work being done. Michael Hosti agreed. The vote was 4 to 2 with Jack Youmans and Anne Monaghan casting the dissenting votes. Bill Farmer suggested allocating a small amount, say $3,000, applicable toward final design. Bubba Hughes said this is a precaution so as not to obligate the city further. Anne Monaghan asked that Loree Anderson be added to the committee. Jack Youmans said the committee should be kept small. Mallory Pearce moved to authorize Bill Farmer and Bubba Hughes to spend up to $3,000 to begin the committee's work with the design team, and Anne Monaghan seconded. The vote was 5 to 1 (Youmans). Bobby Phillips spoke about the noise ordinance, saying he doesn't believe the city is obligated to wait due to the lawsuit, otherwise the city would be a party to the suit, and it isn't. Jack Youmans moved to accept the noise ordinance, decibel level of 75, on First 1 1 1 Reading. Second was by Mallory Pearce, and the vote was 5 to 1 with Michael Hosti casting the negative vote. Code Section 5 -4 -9 was approved on First Reading after a lengthy discussion. The motion was made by Mallory Pearce and seconded by Michael Hosti. Angela Byers said that she and William Pye agree that the ordinance needs standards. Bubba Hughes concurred, saying that they are hard- pressed to deny a building permit without standards. He recommended that the city contract with RDC or someone like Dave Rutherford to help write the ordinance. He also noted that there is a permit for land disturbance required in the current code. The vote was 4 (Pearce, Monaghan, Merves, Anderson) to 2 (Youmans, Hosti). After another long discussion consensus was reached that there will be another public hearing on the C -2 setbacks, to be advertised for the October meeting. On motion of Jack Youmans, seconded by Ed Merves, Paul Mazo's bid for the microphones for the Council table was approved without dissent. The meeting was adjourned. Clerk of Council Mayor Walter W. Parker 1 1 WORLD POPULATION AWARENESS WEEK MAYORAL PROCLAMATION -1999 WHEREAS world population is projected to reach six billion this year, a trebling of the planet's human numbers within this century and an event that will be symbolically recognized on the Twelfth of October; WHEREAS state and local jurisdictions, including the City of Tybee Islandare confronted with environmental and societal challenges such as water shortages, traffic congestion, inner city deterioration, curtailment of basic services, climate change, and the spread of infectious diseases; WHEREAS these challenges are inextricably linked to patterns of considerable demographic change, such as areas west of the Mississippi River doubling in population size as rapidly as Africa, the world's fastest growing region; WHEREAS urban areas historically have served as centers of trade, transportation, industry and markets, providing the economic and cultural diversity and vitality that often define the very nation or region in which they are located; WHEREAS the detrimental aspects of urbanization are most severe in developing countries, where grinding poverty and lack of resources compound their impact, but industrialized countries, with their consumptive lifestyles, are also extremely vulnerable to their consequences; WHF'REAS urban areas of the industrialized world are expected to absorb over one billion additional people in the final quarter of the 20th century and another two billion in the first quarter of the 215t century; WHEREAS over 50 percent of the world's more than six billion people are expected to live in urban areas early in the next century, and by the year 2020 urban population is projected to exceed five billion, or 61 percent of the world total; WHEREAS the challenges of rapid population growth and urbanization call for innovative leadership to ensure resource conservation, protection of open space, waste prevention, sanitation management and a higher quality of life; NOW, THEREFORE, I Walter W. Parker , MAYOR OF (city, state); ybee Island, PROCLAIM THE WEEK OF OCTOBER 10- 16,1999 AS WORLD POPULATION AWARENESS WEEK AND URGE ALL CITIZENS 17IEREOF TO PARTICIPATE APPROPRIATELY IN ITS OBSERVANCE AND TO REFLECT UPON URBAN POPULATION CHALLENGES. 1 1 1 FAX : (202) 544 -0068 WORLD POPULATION AWARENESS WEEK October 10 - October 16, 1999 Fax Response Form To: Heather Dahlberg, Population Institute Public Policy Assistant From: Walter W. Parker (name of organization - please print) Please indicate the appropriate box or boxes. X Please list me as a member of the U.S. Committee on Resource Conservation and Population X Please count on me to proclaim World Population Awareness Week 1999 Please contact my staff to arrange a ceremony with the Population Institute representatives. (The Institute would be pleased to arrange such a ceremony in appreciation of your support.) We are compiling an official list of 1999 Mayors who are participating in the event. Please sign below if you agree with above checked information. i Walter W. Parker Signature Print Name Mayor Title 9/06/99 Date Please Visit the Population Institute on the World Wide Web ( http : / /www.populationinstitute.org.) 1 1 Bills for the Month of July 99 General Government Administration 41,732.97 Inspection 8,176.17 Special Appropriation 75,537.38 Police 60,223.34 Fire 7,149.23 Public Works 47,804.60 Sanitation 77,953.54 Recreation 11,740.03 Lifeguards 12,495.08 Parking 16,197.84 Total of General Fund Expenditures 356,010.18 Water Sewer 264,587.62 Fund Three 302 -0- 308 -0- 328 -0- W/S Bond Fund Four -0- THIS AGREEMENT E AND ENTERED INTO THIS THE SAY OF ��► •w,44Qv■ 19 BY AND BETWEEN THE DEPARTMENT OF TRANSPORTATION PAR OF THE FIRST PART (HEREINAFTER CALLED THE DEPARTMENT) AND THE CITY COUNCIL OF THE CITY OF-- -TYBEE ISLAND (HEREINAFTER CALLED THE CITY) WHO HAVE BEEN DULY AUTHORIZED TO EXECUTE THIS AGREEMENT: WITNESSETH: WHEREAS, THE DEPARTMENT AND THE CITY DESIRE THE IMPROVEMENT AND CONSTRUCTION OF A CERTAIN FACILITY AND THE CITY DESIRES AND AGREES TO FURNISH AND DELIVER ALL THE MATERIAL AND TO DO AND PERFORM ALL THE WORK AND LABOR FOR SAID PURPOSE. THE PROJECT BEING MORE PARTICULARLY DESCRIBED HEREIN. NOW THEREFORE IN CONSIDERATION OF THE PREMISES, THE MUTUAL COVENANTS HEREIN CONTAINED AND THE SUM OF ONE DOLLAR ($1.00) BY EACH OF THE PARTIES TO THE OTHER IN HAND PAID, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: (1) THE WORK AND MATERIALS SHALL BE IN STRICT AND ENTIRE CONFORMITY WITH THE PROVISIONS OF THIS CONTRACT AND THE PLANS AND SPECIFICATIONS PREPARED (OR APPROVED) BY THE CHIEF ENGINEER OR HIS AUTHORIZED REPRESENTATIVE THE ORIGINALS OF WHICH ARE ON FILE IN THE OFFICE OF CHIEF ENGINEER AND WHICH SAID PLANS AND SPECIFICATIONS ARE HEREBY MADE PART OF THIS AGREEMENT AS FULLY AND TO THE SAME EFFECT AS IF THE SAME HAD BEEN SET FORTH AT LENGTH IN THE BODY OF THIS AGREEMENT. THIS CONTRACT WILL BE EXECUTED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS, 1993 EDITION, AND THE 1997 SUPPLEMENTAL SPECIFICATION BOOK AND SPECIAL PROVISIONS INCLUDED IN AND MADE A PART OF THIS CONTRACT. (2) IT IS UNDERSTOOD THAT MATERIAL PITS ARE TO BE FURNISHED BY THE CITY AT NO COST TO THE DEPARTMENT OF TRANSPORTATION. (3) IT IS UNDERSTOOD THAT THE DEPARTMENT OF TRANSPORTATION WILL NOT PARTICIPATE IN THE COST OF ANY UTILITY FACILITY REMOVAL AND RELOCATIONS NECESSARY IN CONNECTION WITH CONSTRUCTION OF THIS PROJECT, UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. THE (COUNTY /CITY) SHALL BE RESPONSIBLE FOR HANDLING THE ARRANGEMENTS WITH THE UTILITY OWNERS FOR ANY REMOVAL AND RELOCATIONS NECESSARY. THE (COUNTY /CITY) SHALL GIVE THE UTILITY OWNERS AMPLE NOTICE, OF THE IMPENDING CONSTRUCTION, TO ALLOW TIME FOR ENGINEERING AND MATERIAL ORDERS REQUIRED FOR ANY REMOVAL AND RELOCATIONS NECESSARY. ALSO, THE (COUNTY /CITY) AGREES TO CLEAR RIGHTS -OF -WAY OBSTRUCTIONS WITHOUT EXPENSE TO THE DEPARTMENT OF TRANSPORTATION. FOR PURPOSE OF APPLYING PROVISIONS OF THIS PARAGRAPH, RAILROADS ARE CONSIDERED UNTILITIES. IN ADDITION TO THE FOREGOING, THE (COUNTY /CITY) SHALL OBTAIN APPROVAL OF PLANS AND ACQUIRE EASEMENTS OR OTHER PROPERTY RIGHTS FROM THE RAILROAD FOR CONSTRUCTION WITHIN RAILROAD PROPERTY /RIGHT OF WAY AND SHALL PROVIDE FOR THE PROTECTION OF RAILROAD INTERESTS, INCLUDING FLAGGING AND INSPECTION, AS MAY BE REQUIRED BY THE RAILROAD. (4) IT IS UNDERSTOOD THAT THE QUANTITIES SHOWN ARE APPROXIMATE ONLY AND SUBJECT EITHER TO INCREASE OR DECREASE AND ANY INCREASES OR DECREASES ARE TO BE PAID FOR AT THE CONTRACT UNIT PRICE GIVEN . (5) THE WORK SHALL BEGIN WITHIN TEN DAYS AFTER NOTIFICATION TO BEGIN WORK BY THE CHIEF ENGINEER TO THE CITY AND SHALL BE CARRIED THROUGH TO COMPLETION WITHOUT UNREASONABLE DELAY AND WITHOUT SUSPENSION OF WORK UNLESS AUTHORIZED IN WRITING BY THE CHIEF ENGINEER. IF THERE ARE UNREASONABLE DELAYS OR UNAUTHORIZED SUSPENSIONS OF WORK, THE DEPARTMENT RESERVES THE RIGHT TO CHARGE THE CITY, NOT AS A 'ENALTY BUT AS LIQUIDATED DAMAGES, THE COST TO THE DEPARTMENT OF. MAINTAINING ITS ENGINEERING AND INSPECTION FORCE ON THE WORK OR TO CANCEL THIS CONTRACT AND COMPLETE THE WORK BY CONTRACT OR OTHERWISE. (6) THE WORK SHALL BE DONE IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA UNDER THE DIRECT SUPERVISION AND TO THE ENTIRE SATISFACTION OF THE DEPARTMENT OF TRANSPORTATION. THE DECISION OF THE CHIEF ENGINEER UPON ANY QUESTION CONNECTED WITH THE EXECUTION OR FULFILLMENT OF THIS AGREEMENT AND INTERPRETATION OF THE SPECIFICATIONS OR UPON ANY FAILURE OR DELAY IN THE PROSECUTION OF THE WORK BY THE CITY SHALL BE FINAL AND CONCLUSIVE. (7) THE CITY AGREES TO PERFORM ALL EXTRA WORK THAT MAY BE REQUIRED OF THEM ON THE BASIS OF ACTUAL COST. (8) THE FINANCING OF THIS PROJECT SHALL BE AS FOLLOWS: PAYMENTS WILL BE MADE ON MONTHLY STATEMENTS AS THE WORK PROGRESSES. DRUG -FREE WORKPLACE CERTIFICATION THE UNDERSIGNED CERTIFIES THAT THE PROVISIONS OF CODE SECTIONS 50 -24 -1 THROUGH 50 -24 -6 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, RELATING TO THE 'DRUG FREE WORKPLACE ACT', HAVE BEEN COMPLIED WITH IN FULL. THE UNDERSIGNED FURTHER CERTIFIES THAT: (1) A DRUG -FREE WORKPLACE WILL BE PROVIDED FOR THE CONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THE CONTRACT; AND (2) EACH CONTRACTOR WHO HIRES A SUBCONTRACTOR TO WORK IN A DRUG -FREE WORKPLACE SHALL SECURE FROM THAT SUBCONTRACTOR THE FOLLOWING WRITTEN CERTIFICATION: 'AS PART OF THE SUBCONTRACTING AGREEMENT WITH (CONTRACTOR'S NAME) , (SUBCONTRACTOR'S NAME) CERTIFIES TO THE CONTRACTOR THAT A DRUG -FREE WORKPLACE WILL BE PROVIDED FOR THE SUBCONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THIS CONTRACT PURSUANT TO PARAGRAPH (7) OF SUBSECTION (B) OF CODE SECTION 50- 24 -3.' ALSO THE UNDERSIGNED FURTHER CERTIFIES THAT HE WILL NOT ENGAGE IN THE UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE OR MARIJUANA DURING THE PERFORMANCE OF THE CONTRACT. r!z 9-9-99 C /TY co c A/C /C A/SW -TING ;(colt/ rn AC7 poccibte trrs • S //at/4D $h f FG6lfiE D "t, Q'fFoaE 9 -7-51 ,; TYBEE MUSEUM JVO LIGHT. HOUSE 1 • TYBEE FISHING• CAMP,/ net eA9 J J � W cp �- F'4G z 3 4/ 4, 4'. 72 /C4/` 0j of co 43) • • 4.1 O ca Ist i IB. 3 rd TALL iw L J(° \� a rh. TER. R�r, th.TER ST. NEW St a ! a SHIRL Y RD.! th ST. 10th LN. -- I . -. 10th TER w sT10th. CT J 6th ST TY8 LIGHTS ST. 2nd.TER ST. CENTER ST. TER. CENTER PLC � 3 1328 \, HORSEPEN �•� POINT .TYBEE \ Pop. 3, 6 0 0 4■$ G.) Ilth R ISCA 1 y4 44i COUNTY Chatham i CITY Tybee Island 1 For Customer Use: I have an existing Acct. # 820 This resolution is for. New Account Change to Existing Acct. # For OTFS Use Only: Acct Approved _Ruth Entered. Audit _Wire Instructions Addr Entered _Wire Templates Approval: ADI ADZ Res. form 1997A GEORGIA FUND 1 (local government investment pool) RESOLUTION TO AUTHORIZE INVESTMENT WHEREAS, Ga. Code Ann. § §36 -83 -1 to -8 (1997) authorizes Georgia local governments and other authorized entities to invest funds through the local government investment pool, and WHEREAS, from time to time it may be advantageous to the THE CITY OF TYBEE ISLAND (Name of Local Government. Political Subdivision or State Agency) investment in Georgia Fund 1 (hereinafter refered to as the local government investment pool) as it may deem appropriate; and WHEREAS, to provide for the safety of such funds deposited in the local government investment pool, investments are restricted to those enumerated by Ga. Code Ann. §36 -83 -8 (1997) under the direction of the State Depository Board, considering first the probable safety of capital and then the probable income to be derived; and WHEREAS, such deposits must first be duly authorized by the governing body of the local government or authorized entity and a certified copy of the resolution authorizing such investment filed with the Director of the Office of Treasury and Fiscal Services; and WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the local government investment pool; and WHEREAS, Ga. Code Ann. §36 -83 -8 (1997) requires a statement of the approximate cash flow requirements of the participating government pertaining to the funds to accompany the authorization to invest such funds at the time such deposits are duly authorized; NOW THEREFORE BE IT RESOLVED by the COUNCIL that funds of the THE CITY OF TYBEE ISLAND (Board, Council or other Governing Body) may be deposited from time to (Local Government. Political Subdivision, or State Agency) time in the manner prescribed by law and the applicable policies and procedures for the local government investment pool. BE IT FURTHER RESOLVED THAT: 1. Any one of the following individuals shall be authorized to deposit and/or withdraw funds from the local government investment pool on behalf of such government or other authorized entity (if a listed individual is employed by an entity other than the depositor, indicate employer): PATRICIA B. PAGAN, ASST. FINANCE DIRECTOR 912 786 -4573 EXT 106 TAI'fYA (FPIoyP'(", F NANCE DIRECTOR c odeggftgI5EXT106 ROWENA B. FRIPP, ASST. CITY MANAGER 912 786 -4573 EXT 101 BILL A. FARMER, CITY MANAGER 912 786 -4573 EXT 109 to deposit funds available for 2. All withdrawals from the local government investment pool shall be wired to the following participant's demand deposit account: SUNTRUST BANK (Local Bank Name) 0610 - 0001 -0 (ABA number) (If applicable) Our local correspondent bank: OF SAV'H CITY OF TYBEE ISLAND 150000 aTi NERAL FUND 1500002223 PAVING FUND 1500002470 WATER /SEWER CONST. FD SAVANNAH, GA (Account Number) (City, State) bank prefers to receive credit for wire transfers at the following (Bank Name) (City) (Account Number) 1 Additional Bank Account (if applicable): (Local Bank Name) (Account Title) (ABA number) (Account Number) (City, State) Correspondent Bank (if applicable): (Bank Name) (City) (Account Number) 3. The local government investment pool shall mail the monthly statements of account to: CITY OF TYBEE ISLAND P. 0. BOX 2749 403 BUTLER AVENUE PATRICIA B. PAGAN (Attention) (Address) TYBEE ISLAND, GA 313207n (City, State & Zip) 4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to the Office of Treasury and Fiscal Services. Until such a replacement resolution is received by the Office of Treasury and Fiscal Services, the above authorized individuals, local government demand account instructions and statement mailing address(es) shall remain in full force and effect. 5. The following schedule represents the period in which existing balances are currently expected to remain invested in the local government investment pool: 01 % 30 days or less; 24 % more than 30 days but less than 90 days; 75 % 90 days or longer. 100 % Entered at TYBEE ISLAND , Georgia this 7TH day of OCTOBER ,1999 (Signature of Head of Governing Authority) WALTER W. PARKER (Please Print or Type - Head of Governing Authority) MAYOR (Title) Sworn to and subscribed before me this 7TH clay of _ OCTOBER , 19 99. (Notary Public) Please complete and return an original copy to: Georgia Fund 1 Telephone: (404) 656 -2168 Office of Treasury and Fiscal Services Toll Free: 1 -800- 222 -6 748 P. O. Box 347034 Fax: (404) 656 -9048 Atlanta, GA 30334 -5527 Georgia Fund 1 (local government investment pool) deposits are not guaranteed or insured by any bank, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board, the State of Georgia or any other agency. 2-4 -13 (a)(5) ORDINANCE NO. /999- .2a 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 2 Governement and Administration, Chapter 4 Personnel Sysytem, Section (a) Annual Leave (5) Donaltion of Vaction Time, be amended to read as follows: Section 1. Section 2-4-13 is hereby amended to read as follows 2-4-13 Leave Policies (a) Annual leave. Annual leave is based on years of service to the city and is computed as follows: (1) Permanent Appointments Full -time employees. Employees who have a permanent appointment and work full time, in their first year of service earn one -half of a day per month of annual leave, or six (6) workdays in the first year. Accumulation begins as soon as employment begins, but annual leave may not be taken until after three (3) months of continuous employment with the city. Employees with one or more years of continuous service earn leave at the rate of one day per month, or twelve (12) workdays per year. Employees with ten (10) or more years of continuous service earn leave at the rate of one and one -half (1 1/2) days per month, or eighteen (18) workdays per year. (1998- 19; 10/8/98) (2) Service Requirement: Vacation leave is earned during any month in which the employee is at work at least one -half the work days within that month.(Ord. 1998-14; 6/11/98) (3)Vacation leave schedule. (I) Vacation leave shall be scheduled by the Department Heads, and approved by the City Manager, with particular attention to seniority of employees, departmental operating requirements, and insofar as possible, the requests of the employees. (II) Employees shall submit in writing a request for vacation leave to their department head prior to the desired vacation date. (III) Vacation leave may not be taken in increments of less than one -half day. (IV) Vacation leave may be accrued to a maximum of 30 -days. (4) Pay in lieu of vacation leave. Any employee eligible for vacation time may elect to be paid for not more than 40 (forty) hours of accrued vacation leave once each year by notifying the appropriate department head on the form provided for this purpose, provided the employee has taken off a minimum 40 (forty) hours vacation prior to this request, during the same calendar year, and provided that permission is approved by both the department head and the City Manager. (Ord. 1998 -06; 2/26/1998) Page 1 of 8 (5) 2-4 -13 (a)(5) An employee may elect to donate some portion of his/her accrued vacation leave to another employee in need under the following conditions: a. Such vacation leave must be transferred at the same or at a lesser cost (c.g. b. The recipient must be in need of additional leave time for personal illness or illness of a family member and must be at the point of taking leave without pay. c. Vacation leave, once donated, shall not be given back to the donor except where the conditions of paragraph (b) above are met. d. In no case shall the donor transfer vacation leave to another employee for the single purpose of avoiding losing vacation leave. e. The sale or trade of vacation leave for purposes which would circumvent the spirit of this procedure is prohibited. f. Requests to donate vacation leave should be made in writing to the Department Head and the City Manager. (1992 -19 9/10/92) (6) The City recognizes the benefit of employees having time off for leisure and recreation. Department Heads and/or the City Manager may therefore require employees to utilize a maximum of forty hours vacation leave each calendar year as time off from work. (Ord. 1998 - 06;2/26/98)(Ord. of 8- 12 -81, Sec. 13) (7) Other Employees. a. Employees who have a permanent appointment and work part - time, earn annual leave on a prorated basis, as determined by the City Manager, computed on the basis of the ratio of hours worked during the prior three (3) month period relative to the work defined for full -time employment. b. Employees who have a temporary appointment and work full time, 'other than seasonal employees, earn annual leave on the same basis as employees who have permanent appointments. c. Employees who have a temporary appointment and work part time; and seasonal employees working either full time or part-time; and employees who have an emergency appointment, do not earn annual leave.(1998 -19; 10/8/98) (b) Sick leave. Sick leave is given to employees only for sound and valid reasons. It is so designed to meet necessary, emergency conditions of illness. Each department head has the authority to approve or disapprove sick leave applications. Sick leave shall not be abused; it is to be used as insurance for salary continuation in the event an employee becomes ill and is unable to work.(Ord. 1998-14; 6/11/98) Page 2 of 8 1 1 2-4 -13 (a)(5) accrued leave for Family and Medical Leave. Employees returning from Family and Medical Leave are entitled to be returned to their previous position or an equivalent position. (c) While on Family and Medical Leave the City will maintain coverage of the employee's health care benefits for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. (d) Serious health conditions for which an employee is entitled to Family and Medical Leave are: illness, injuries, impairments, and physical or mental conditions involving impatient care in a hospital, hospice or residential medical care facility; or continuing treatment by a health care provider. Adopted this day of ,1999 Mayor Walter W. Parker City Clerk 1st Reading: 2nd Reading: Enacted: Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. Page 8 of 8 1 1 A(1) INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made and entered into this 6n day of 1 , by and between CHATHAM COUNTY, a political subdivision of the State of Georgia, hereinafter referred to as "County" and the IBEE -77.1Lcrib , hereinafter referred to as "Municipality" and user of the Tybee Pavilion, band shell stages or other County owned facilities. 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 one another for a provision of services for intergovernmental agreements for a period not to exceed fifty (5 0) years: and WHEREAS, Municipality has requested to (use the band shell) (use of Tybee pavilion) or other specified facility that is owned by Chatham County; and WHEREAS, Municipality desires to use band shell, Tybee pavilion, or other specified facility for a public event to be held on or about and may sponsor a non - profit organization for this public event; and WHEREAS, Chatham County has voted to waive any costs or charges in regard to the use of said facility in consideration of like kind services being provided by Municipality. NOW, THEREFORE, the consideration of the premises and other valuable consideration, the parties agree more specifically as follows: 1 1 1 A(2) 1. Chatham County Board of Commissioners have voted to allow the use of said facilities on such date at no charge or cost for use of said facility and Municipality agrees to provide in -kind services to defray the cost of use of said facility, including but not limited to,, assisting in set -up, providing supervision, providing security, providing clean -up, assistance in take -down, and such other services as is more particularly set forth hereafter. 2. The parties understand and are in agreement that should said Municipality or the organization which is sponsoring said event, fail to honor the terms of this Agreement for the in -kind services, that it will affect future eligibility in regard to the use of said facilities without paid consideration. 3. The Municipality and sponsor organization acknowledge and understand that this facility is being taken in an "as -is condition" and assumes all risk of property or personal loss or injury arising out of the use of said facility. 4. The Municipality agrees to indemnify and hold harmless the County from any and all claims, demands, liabilities, damages to personal property or injury to persons arising out of the use and operation of said facility. 5. That Municipality will list on the attached Citizens Involvement Application Form, all individuals that will be on site and offering assistance through the Municipality's sponsor 1 1 A(3) organization. Municipality agrees to notify the organization which it sponsors that it is accepting the premises in an "as -is Condition." 6. The parties to this Agreement do not waive governmental immunity as to any third parties by the execution of this Agreement. This day oft ,pq , lgq. IN WITNESS WHEREOF, the County and Municipality have caused this Agreement to be duly executed by the proper officers and so attested with the corporate seals affixed and set forth in duplicate originals. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CHATHAM COUNTY, GEORGIA Sybil E. Tillman, County Clerk Dr. Billy Hair, Chairman ATTEST: MUNICIPALITY City Clerk Mayor 1 A(4) CHATHAM COUNTY PARKS & RECREATION DEPARTMENT P.O. Box 1746 Savannah, GA 31408 (912) 652 -6780 IN —KIND AGREEMENT PERMIT # 1t/9 FOR USE OF CHATHAM COUNTY OWNED FACILITIES OR BY MUNICIPALITIES /NON PR FIT ORGANIZATIONS AND OTHERS 1. Said user agrees to indemnify and hold harmless Chatham County from all claims, demands, actions or causes of action or bodily injury or property damage arising from the user of said facilities. 2. Said user will use facilities at their own risk. 3. Facilities are rented in an "as is condition." 4. Each user is responsible for providing in—kind services; assisting in set —up of band shell s providing supervision, providing security, and cleaning up after the event. Failure to honor terms of this permit will result in disqualification from any future in—kind eligibility. L Parks: A. Park Pavilion: (check choice) 1. Lake Mayer Pavilion # 2. L Scott Steil Pavilion # 3. Skidaway Narrows Pavilion# 4. Salt Creek Pavilion # 5. Kings Ferry Pavilion # B. Stage/Band Shell Stage: (check choice) 1. Without extension 2. With extension 3. User will provide individuals to assist with set —up. Tybee Pier: (check choice) 1. Whole Pavilion 2. Half Pavilion 3. User will provide individuals to assist with set —up and clean —up of facility. D. Other (check choice) 1. Space Rental 2. 3. User will provide individuals to assist with set —up and clean —up of area. IL User Project(s) In—kind Contributions III. Attachments (required) 1. Insurance Policy 2. Citizen Involvement Application Form (attached) Estimated in —kind services will be provided by the listed user hi the amount of $ County will provide the facility at no cost based upon in— • d services Fjrov'ded. User is permitted to use the facility indicated above on tthea j day of 19f. f5us40-u User Department Approval . Chatham 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, h�.41 f4-x- P.42.2 Ke , 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 4F4- day of-Clolie244. 1999. (2) That it is my understanding that O.C.G.A. § 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 Ci of Sp 27f..•� Jp,1- 1999, which was closed for the purpose(s) of /t ` ip/4-�0.J ,,p e,.,,e7 0 / as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the , meeting were ruled out of order and not discussed. (5) 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 C( day of Sf y(i& 6„, 1999. Sworn to and subscribed before me this 4w'4` day o>' ft, ,- . 1999. Al pr__ sinv. , / I; Not.ry Public ayor /Presiding Officer