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HomeMy Public PortalAbout20001214CCMeeting1 Mayor Walter Parker called the December 14, 2000 City Council meeting to order at 7 P.M. The following members of Council were present: James G. Burke, Jr., Jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien, and Mallory Pearce. Edward Hughes, City Attorney and Tom Cannon, City Manager were also present. The Reverend Lee Bennett gave the invocation. The Pledge of Allegiance was recited. Eric Thomas was scheduled to appear to discuss curbside recycling. Tom Cannon stated that he would get with Mr. Thomas to see how the dollars work out. Mayor Parker opened the Public Hearing for a variance request from Arnold Kimbrell for a front setback variance of 15 inches at 8 Fort Avenue. Anne Monaghan excused herself due to a conflict of interest. Jim Monaghan presented the petition for Mr. Kimbrell. Mr. Monaghan stated that Mr. Kimbrell has 2 surveys that show different property lines. The structure was built according the original survey. When the structure was in place an additional survey was done to add an addition to the structure, that survey shows the structure to be 15 inches into the setback. They do not know which survey is correct. He stated that he had asked Whitley Reynolds how would you find out which is correct and Mr. Reynolds stated that the entire area would have to be resurveyed. Jim Burke asked why two surveys were done? Jack Youmans stated that the City requires an as built. Chuck Bargeron stated that when the house was set, it appeared to meet requirements. The structure did not meet the covenants of the subdivision for square footage so Mr. Kimbrell was doing an addition to the structure. City Attorney Hughes explained that some subdivisions have covenants enforceable by the Property Owners Association, not the City. Fort Avenue does not follow a straight path, and is not in the location that it is supposed to be. Jim Monaghan stated that there is a 1 1/2 foot encroachment on the right hand side. Pam O'Brien asked if the 20 -foot was measured from the street? Chuck Bargeron answered from the property line. Mallory Pearce asked where is the legal property line? How do you find out what is the legal property line? Mr. Hughes stated that you would have to spend money and have the entire area surveyed. Shirley Sessions asked if the structure would encroach in DNR jurisdiction if moved back? Mr. Kimbrell stated it would be too close to build deck. Cost to move structure would be $10,000.00. Jimmy Burke asked if any trees were cut down. Mr. Kimbrell stated one cedar. Mr. Burke also asked if any fill was brought in? Mr. Kimbrell stated no. Pam O'Brien stated that this was a delicate situation. Try one more time to fmd correct location. Jim Monaghan asked entire street? Pam O'Brien stated just this lot. Mr. Monaghan reiterated Whitley Reynolds comments that the entire area would have to be resurveyed. Mallory Pearce asked when was the tree cut? Jack Youmans stated that had nothing to do with this request. Mr. Burke asked Mr. Reynolds why just the one lot could not be done. Reynolds again stated the entire street. Mr. Hughes stated that it would depend on where you start. The entire area has discrepancies. Jack Youmans stated that if you did the whole street, 2/3's of the structures would be in the setback. Planning Commission Chairman Henry Levy stated that we don't know if he is in the setback. The building official says it lines up with the rest of the houses on the street, it was an innocent mistake and Planning Commission voted 3 -2 to recommend approval. Shirley 1 1 1 Sessions stated that she had looked at the property and it appeared that it did protrude some. Pam O'Brien agreed. Jimmy Burke stated that it is a curved street. Pam O'Brien asked Mr. Hughes which survey? Mr. Hughes stated that he doesn't know which is right. The first survey was used to determine the location of the structure; the second survey shows possible error. Mayor Parker asked for comments from the audience. Jim Marsh stated that he is the owner of 6 Fort Avenue. He requested Council not grant this variance. 2 months ago Council granted a variance for stairs in setback. Mr. Kimbrell's second survey was done so that he could do an addition to structure to meet covenants, this is not his primary residence, and he has no good faith interest in property. Mr. Marsh further stated that he had no faith in the Planning Commission. Please do not grant variance. Mayor Parker closed this Public Hearing. Mayor Parker opened the Public Hearing for Plat approval for 42 Wrenwood Avenue. Rob Sales presented the petition. Mr. Sales stated that they would like to subdivide 2 lots into 4 lots, the square footage is met, Hussey, Gay, Bell and DeYoung have approved drainage, access would be through the rear, and no variances are requested. Pam O'Brien questioned ownership of Wrenwood. It was stated that it was part of Seaside Colony, but Rosewood is access. It was also stated that a 7 inch oak would be removed, but planting 4 2 -inch oaks as replacements. David Cornelious questioned the dimensions of the access on Palmwood. It was stated that 5 different surveys show 16.5 feet, the width varies. William Mosely questioned the concrete drive along the retaining wall that abuts his property. He stated that the wall is very delicate and could it withstand the load. It already has a hole in it. Mallory Pearce asked if Mr. Sales were willing to work something out with Mr. Mosely on the wall. Mr. Sales stated that the engineers said the wall would not fall. Henry Levy stated that the petitioners had made 4 trips through Planning Commission and they met all requirements. The recommendation from the Planning Commission was to approve and was unanimous with no discussion. Mayor Parker closed the Public Hearing. Mayor Parker opened the Public Hearing for the Shore Protection Ordinance. City Attorney Hughes explained the 3 versions of the ordinance. He stated that a variance provision had been added to the 3rd version. Mallory Pearce urged an amendment on the use of tree. Handwritten suggestions are in the packet. Shirley Sessions stated that she would have liked to have all three versions in front of her. Bubba Hughes stated that the only difference in the 3rd version is the variance clause. Henry Levy stated that Planning Commission voted 3 -2 to table for further study. Bubba Hughes stated that the variance clause was a safety valve, without it a takings issue would be inevitable. Shirley Sessions stated that the Planning Commission was not getting the information. Several months ago, Whitley Reynolds asked members to walk the beach to study this. Henry Levy stated that the Planning Commission are not planners. They depend on staff to report to them. Shirley Sessions stated that this needs to get moving. Rachel Perkins stated that some members did walk the beach. Mayor Parker closed the public hearing. A resignation by Jean McDowell from the Planning Commission was accepted. Mayor Parker stated that there would be 6 positions open in January, start getting names and resumes together for a list to appoint from. Shirley Sessions stated that they needed 1 1 to work more closely with the Planning Commission. Anne Monaghan stated that the City Manager should set up a workshop ASAP when new members appointed. City Attorney Hughes explained the Historic Preservation ordinance changes that are needed to comply with state law. Eric Thomas appeared before Council stating that he thought the meeting started at 7:30 and apologized for being late. He further stated that there is not curbside recycling offered on Tybee, and he would like to start something with the help of the City. He stated that it would be voluntary and a monthly fee would be collected. He will meet with City Manager to discuss further. John Jarvis stated that there is a cave in between 14th and 15th Street on Miller Avenue. He is not sure if it is storm or sewer. Mayor Parker opened the meeting for business legally presented. Motion to deny variance for J. A. Kimbrell by Jimmy Burke, seconded by Shirley Sessions. Shirley Sessions stated that she is concerned about City of Tybee getting involved with survey conflict. Money is not a hardship. Jack Youmans stated that you don't even know if the man needs a variance, which survey is correct? Jimmy Burke questioned how did Planning Commission see this as a hardship? Pam O'Brien stated that the error is in the survey, the man thought he was following the rules. Jack Youmans stated that money is hardship. Jimmy Burke stated that the second pin was found after they had a problem. Voting to deny - Jimmy Burke, Shirley Sessions, Mallory Pearce. Voting against denial - Jack Youmans and Pam O'Brien. Anne Monaghan abstained due to conflict of interest. Motion to approve preliminary plat for Major Subdivision for Rob Sales /Steve Watson by Shirley Sessions, seconded by Jack Youmans. Pam O'Brien stated that they had made every effort to do what was best for the community. Mallory Pearce stated that he is still concerned about the wall. Vote to approve was unanimous. Motion to approve the Shore Protection Ordinance on first reading with the inclusion of the Variance clause by Mallory Pearce, seconded by Pam O'Brien. Jimmy Burke stated that this should be sent back to Planning Commission, don't get ourselves in jeopardy, get more expertise. Shirley Sessions stated that it is not being rushed, been talking about it since March. Jack Youmans stated that it needed to go through all the hoops. Pam O'Brien stated that this is short-term. Mallory Pearce stated that the variance clause is to protect us, but would like to have specific reasons stated for granting variances. City Attorney Hughes stated that the same standards that apply to all variances apply to this variance. Voting to approve for 1st reading, Mallory Pearce, Pam O'Brien, Shirley Sessions, Anne Monaghan. Voting against, Jack Youmans and Jimmy Burke. 1 1 Motion to approve Historic Preservation Revisions on 1st reading by Mallory Pearce, seconded by Anne Monaghan. Vote was unanimous. Motion to approve Minutes as amended by Jack Youmans, seconded by Jimmy Burke, vote was unanimous. Finance Director Tanya Pye explained the handout concerning the 2000 budget adjustments and what line items would be affected. Anne Monaghan questioned the survey money for North End erosion. Mayor Parker stated that the city cannot just say we will appropriate funds. There are several channels to go through. An engineering study would cost about $100,000. After further discussion, a motion was made by Anne Monaghan and seconded by Jimmy Burke to approve the 2000 budget adjustments as presented. Vote was unanimous. Motion to approve GMA contract by Mallory Pearce, seconded by Jimmy Burke, vote was unanimous. Motion to approve Coastal Zone Management Grant application by Mallory Pearce, seconded by Jimmy Burke, vote was unanimous. Motion to approve name changes on Government Investment Pool to Tom Cannon and Eleanor Barber by Anne Monaghan, seconded by Shirley Sessions. Pam O'Brien questioned how much money was in the pool. Tom Cannon answered $1,000,000.00 at 6% interest. Vote was unanimous. Pam O'Brien stated that she has a letter from Billy Doniel concerning complaints about Chatham County Inspections Department. The complaints have formally been filed with the Secretary of State Kathy Cox. Anne Monaghan stated that there was an article in the paper concerning revamping Chatham County Inspections. Mayor Parker stated to give them time to get their act together with the improvements being made. City Attorney Hughes stated that the new law concerning inspections became effective on July 1, 2000. Developer can do own inspections, and Inspection departments must have certified personnel. Council will give them until mid -January to get their act together and possibly will meet with Secretary of State while in Atlanta for Mayor's Day. Pam O'Brien also requested that a letter be drafted to the Planning Commission, and Hussey, Gay, Bell and DeYoung concerning procedures for preliminary and final plat approval for subdivisions pursuant to 5 -020 and 5 -040. Jimmy Burke stated that a checklist should be given to developer at time of application. Chuck Bargeron to get copy of checklist to Jackie Brown for letter. Pam O'Brien also stated that her year was up as the liaison appointment to the YMCA board. She was asked to serve one more year. City Attorney Hughes was asked to look into a Jet Ski ordinance. 1 1 1 Mallory Pearce presented a Resolution concerning the Aquifer. Motion to approve by Mallory Pearce, seconded by Shirley Sessions. Jack Youmans stated that this was basically what was previously denied. Voting to approve Shirley Sessions, Anne Monaghan, Mallory Pearce, and Pam O'Brien. Voting against the motion Jack Youmans and Jimmy Burke. Mallory Pearce also suggested that a geologist be contacted to review the Dune Ordinance. City Attorney Hughes stated that Eric Olsen will be sending some comments, Stuart Stevens will not be saying anything. He further stated that a Public Hearing would be needed on all changes. Tom Cannon stated that through RDC and DCA funds are available to do a study of the Personnel Policy. Motion to approve RDC study by Jimmy Burke, seconded by Mallory Pearce. Vote was unanimous. Jack Youmans asked what was cost to city. Tom Cannon stated no cost at this time, but total cost will be less than $3,000.00 Tom Cannon also explained the proposal from Gerbsch for a leadership training retreat for Mayor and Council. The cost would be $3,575.00. Pam O'Brien stated that a lot of this schedule concerned leadership training and most of the members of Council have already had this. Maybe concentrating on the Master Plan 2002 update would be more effective. Jimmy Burke stated maybe something on alternative funding. Tom Cannon to contact Gerbsch and set up different schedule. Motion to approve Corps of Engineers monitoring of the wells to test for salt- water intrusion by Mallory Pearce, seconded by Jimmy Burke, vote was unanimous. Tom Cannon gave Council copies of two growth control ordinances, one from North Carolina and one from Pooler. These were submitted for information only at this time. Tom Cannon then presented the 2001 budget. Total budget $7.7 million as compared to $11 million last year. This budget is closer to reality. He stated that all corrections were made and an addition of 15,000- 20,000 was included in General Government Administration so that he could have someone to do legwork and secretarial work for him. This was pulled from prior fund balance. Pam O'Brien motioned to approve the increase, seconded by Mallory Pearce. Vote was unanimous. Pam O'Brien stated that a change in format of budget should be looked at to allow department heads to use money within funds without having to go before Council to shift from 1 line item to another, but if it goes from 1 department to another department, then Council should approve. City Attorney Hughes stated that would be a policy change, not an ordinance change. Jack Youmans stated that this would not work. If a department head put 10,000 in budget for an item, Council said no, if the department head had the authority to move money in line items, he could buy anyway. Finance Director Pye stated that the City Manager has the authority to adjust line items. Motion to accept budget on second reading by Anne Monaghan, seconded by Shirley Sessions. Vote was unanimous. 1 1 1 Shirley Sessions asked about Action Items. It was explained that the New Year's Eve party has had some changes, but is on track. It will only have local entertainment. Jimmy Burke asked about the gallons of sewerage pumped in October and November, and do we have any answers as to why September was so high. The engineers feel that the 10 -15 days of rain in September was the problem. Not all manhole covers have been sealed to prevent storm water intrusion. Pam O'Brien stated that this is why we need Growth Control Ordinance. Tom Cannon stated that Pooler ordinance has been in place for several years. Bubba Hughes asked if it was an Aid to Construction ordinance. Tom Cannon explained that it goes by usage for tap and stub fees. Pam O'Brien asked that a special meeting be called for a 1St reading on a Growth Control Ordinance. Mayor Parker stated that was not fair to the public. City Attorney Hughes stated that a Public Hearing would be needed, and the ordinance needs to be on paper prior to public hearing. City Attorney Hughes stated that if the number of tap in's allowed was going to be limited, the City needs to build a very substantial record and follow all procedures. Shirley Sessions stated that she agreed with Pam O'Brien, a plan of action is needed. Use the draft ordinance presented by City Attorney and fill in the blanks. Mayor Parker again stated that the citizens should have this at a regular meeting. Pam O'Brien made a motion to call a special meeting for the 1St reading of a growth control ordinance. Jimmy Burke stated that we do not have documentation stating that we do not have capacity. City Attorney Hughes stated that the blanks would have to be filled in by an engineer based on several different engineering practices on how many permits could be issued, what type of permits, and make sure proper procedures are followed. This will be advertised for January council meeting. Motion by Mallory Pearce, seconded by Anne Monaghan to go into closed session to discuss litigation and personnel. Vote by Council was unanimous. Mayor Parker reconvened the meeting. Motion to adjourn by Jack Youmans. Meeting was adjourned. Typed by Angela Byers Walter W. Parker, Mayor Mayor Walter W. Parker ITY COUNCIL - nne P. Monaghan, Mayor Pro Tem ames "Jimmy" Burke 'amela J.O'Brien Mallory Pearce Shirley Sessions Jack Youmans 1 CITY OF TYBEE ISLAND MEMORANDUM DATE: December 12, 2000 TO: Mayor, Council, & Tom Cannon FROM: Tanya Pye, Finance Director RE: 2000 Budget Amendments City Manager Thomas "Tom" Cannor Clerk of Council Jacquelyn R. Brown City Attorney Edward M Hughes As you well know, the city's budget for the year 2000 is fictional to say the least. With most of the expenses & revenues posted for November 2000, our budget reflects revenues at 57% & expenses at 55 %. A favorable percentage at this time of year would be approximately 80% on both revenues & expenses. I am recommending the following amendments to this year's budget, so the city's budget for 2000 can be considered realistic. General Fund Debits Credits Revenues RE /PP Taxes (94-96) 104000.4000 $ $ 22,500.00 Grant - Lighthouse 105000.5003 105,000.00 Grant - Police /GA 105000.5007 10,000.00 Interest Taxes(94- 96)105500.5510 2,000.00 Penalty Taxes(94- 96)105500.5511 1,000.00 FIFA 105500.5512 500.00 Fund 3 Cap. Proj. 105600.6004 100,000.00 Loan Proceeds 105600.6005 700,000.00 Res/Prior Years Bal. 105600.6010 300,000.00 Total Revenues $1,241,000.00 P.O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (912) 786 -4573 - FAX (912) 786 -5737 www.cityoftybee.org 1 1 1 Expenses Grant - Lighthouse 106064.6126 $ Capital-Lands/Bldg 106390.9000 Capital-Lands/Bldg 106392.9000 Water /Sewer Debits Credits $ 105,000.00 1,095,000.00 41,000.00 Total Expenses $1,241,000.00 Revenues Aid to Construction 202300.4325 $ 60,000.00 $ Grants & Loans 202300.5100 1,879,752.00 Allocations /Splost 202400.5100 500,000.00 Interest Earned/Inv. 202400.5200 27,000.00 Int. Sinking Fund 202400.5400 15.000.00 Total Revenues $ 87,000.00 $ 2,394,752.00 (Difference = $2,307,752.00) Expenses GEFA Loan Pmts 207028.8050 $ Water Tank Const. 207029.9091 Sewer Plant Improv. 207029.9092 $ 175,952.00 26,800.00 2,105,000.00 Total Expenses $ 2,307,752.00 After above stated amendments, the city's 2000 budget will reflect revenues at 85% and expenses at 82 %. Should you have any questions, please let me know. Thanks, Tanya Cc: Chris Lightle A RESOLUTION OF THE CITY OF TYBEE ISLAND THROUGH THE COUNCIL TO AUTHORIZE THE MAYOR OF . SAID CITY TO EXECUTE A TELECOMMUNICATIONS MANAGEMENT SERVICE AGREEMENT WHEREAS, the City of Tybee Island desires to regulate the provision of cable television and other telecommunications services so as to assure that the citizens of said City receive quality service; WHEREAS, the Georgia Municipal Association has available a telecommunications management service to assist the City in such regulation; NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Tybee Island Council is hereby authorized to execute a telecommunications management service agreement on behalf of the City, in substantially the same form as Appendix A which is attached to and made a part of this resolution. RESOLVED by the Mayor and Council of the City of Tybee Island this 141- day of rgier% ber^ , 20 o . ATTEST: 11 -15-00 Tybee Island.tms Mayor: City of 8 �,.,., AGREEMENT BETWEEN THE CITY OF TYBEE ISLAND AND THE GEORGIA MUNICIPAL ASSOCIATION, INC. FOR TELECOMMUNICATIONS MANAGEMENT SERVICES WHEREAS, the City of Tybee Island ( "City ") desires to provide regulation and oversight of cable television and other telecommunications services being provided to the citizens of the City; WHEREAS, the Georgia Municipal Association ( "GMA ") has available a telecommunications management service; and, WHEREAS, the City has a need for such telecommunications management services. THEREFORE, THE CITY AND GMA AGREE AS FOLLOWS: Section 1. Services Provided to the City of Tybee Island GMA agrees to provide, either directly or through its agents or subcontractors, the following services (all of which are explained more fully below) which are to be known as GMA Telecommunications Management Service: a) Franchise Management, as more fully described in Section 2 of this agreement; b) Franchise Renewal Services, as more fully described in Section 3 of this agreement; c) Cellular Tower and PCS Tower Site Consultation Services, as more fully described in Section 4 of this agreement; d) Franchise Compliance Monitoring Services as more fully described in section 5 of this agreement. Section 2. Franchise Management Franchise Management shall include assisting the City with the following: a) Facilitating the City's compliance with the 1984 and 1992 Federal Cable Acts, the Telecommunications Act of 1996 and the rules of the FCC governing rate regulation and other matters affecting municipal regulation of cable TV operators. b) Regulating cable rates for basic service, equipment and installation, and performing rate analysis to determine compliance with the Federal Communications Commission ( "FCC ") rate regulations. c) Evaluating and responding to requests for approval of franchise transfers. d) Recommending and developing customer service standards for cable TV operators. 1 1 1 Section 3. Franchising and Franchise Renewal Service Franchising and Franchise Renewal Service shall include assisting the City as needed with the following: a) Implementing and administering a procedural process for granting new franchises, as well as assessing the public's interest and negotiating the terms and provisions for new franchises. b) Evaluating the past performance of companies seeking franchise renewal. c) Determining the future cable - related needs and interests of the City in the development and implementation of a community needs assessment. d) Assisting with Public Educational and Government Channel (PEG) development and implementation issues. e) Planning for the development of an Institutional Network. f) Assisting with public rights -of -way management. g) Negotiating a new or renewal franchise agreement on behalf of the City. Section 4. Cellular and PCS Tower Site Consultation Services Cellular and PCS and Tower Site Consultation Services shall include: a) Assisting in the examination of the impact of cellular and PCS technologies on local zoning. b) Advising Cities on the provisions of tower site agreements for the use of public land. c) Informing Cities concerning federal policies related to siting of wireless technologies. d) Referring Cities to engineering or other professional resources on an as needed basis. Section 5. Franchise Compliance Monitoring Services Franchise compliance monitoring services shall include systematically reviewing the cable operator's compliance with the terms of certain aspects of a renewed franchise agreement to encompass the following: 2 1 1 1 a) Documenting receipt of revenue report forms. b) Advising government concerning conducting the local performance review of operator's performance in compliance with provisions of the franchise agreement. c) Reviewing funding or other issues related to the government channel, tower rental fees or pole agreement fees if applicable, d) Documenting operator's carriage of appropriate insurance coverage. e) Checking and documenting the status of system construction timeframes. f) Handling and resolving subscriber complaints as referred. g) Monitoring operator's adherence to federal customer service standards. h) Notifying Cities of any identified areas of noncompliance and resolution of same or notification that the operator was found to be in compliance. Section 6. Other Services In addition to the services outlined above, the City may obtain franchise fee auditing and technical performance auditing of a cable operator or telecommunications company and technical assistance in the development of public, educational and governmental access channels and institutional networks as well as engineering consulting services concerning cellular tower siting. These other services may be obtained from GMA, its agents, employees or subcontractors. The parties to the agreement may execute an addendum or addenda to this agreement for the City to obtain such services; provided, however, the additional fee for each such additional service shall not exceed $10,000. Section 7. Effective Date, Renewal and Termination. a) This agreement shall become effective upon the signature by the parties b) This Agreement shall terminate absolutely and without further obligation on the part of the City at the close of the Calendar year in which it was executed and at the close of each succeeding Calendar year for which it may be renewed as provided for herein. For purposes of this agreement, a Calendar year shall mean January 1, 2001 through December 31, 2001. c) This Agreement shall commence as of January 1, 2001. It shall be automatically renewed for successive one -year terms thereafter, unless terminated by either GMA or the City by giving 30 days advance written notice of such termination to the other party. GMA shall be entitled to payment for services rendered to the City, including compensation due for additional services reasonably substantiated by GMA as of the effective date of termination. 3 1 1 1 d) The total obligation of the City under this Agreement for the Calendar year of execution shall initially be $2,266.25. The total obligation of the City which will be incurred in each Calendar year renewal term shall be reflected in an annual invoice to be submitted to the City thirty (30) days prior to the due date. The invoice shall state the total amount of obligation for the upcoming year exclusive of amounts for any Other Services as the City may elect to obtain through the provisions of Section 6 of this agreement. The rendering of services by GMA or its subcontractors to the City after any renewal of this Agreement for such services shall result in additional obligations for the City. Section 8. Hold Harmless and Indemnification. Each party shall bear the responsibility for liability for negligence, errors or omissions of its own officers, agents, employees or subcontractors in carrying out this agreement. The City holds harmless GMA for liability for the negligence of the City, its officers, agents, employees, or subcontractors arising out of this agreement. GMA holds harmless the City for the negligence of GMA, its officers, agents, employees, or subcontractors arising out of this agreement. In addition, the City designates GMA, its officers, agents, employees, and contractors as agents of the City for purposes of Section 635A of the Communications Act of 1934, as amended, and the applicable provisions of the Local Government Antitrust Act of 1984. Section 9. Amendments. This contract may be amended by future written agreements executed on behalf of the City and GMA. 4 1 1 Section 10. Law Applicable. This agreement shall be construed under the laws of the State of Georgia. EXECUTED ON BEHALF OF THE CITY OFT 15.4,,,A THIS 1 DAY OF " 20.00, ATTEST: (SEAL) 4 Mayor: City o ' ""bee. EXECUTED ON BEHALF OF THE GEORGIA MUNICIPAL ASSOCIATION, INC. By James A. Calvin 5 1 RESOLUTION 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 for the Georgia Department of Natural Resources ( "DNR ") has been designated to administrator 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 g:\common\emh\tybee\332\resolution 1 1 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 purpose set forth in the Agreement; and NOW, THEREFORE, BE IT RESOLVED, that this governing body of the City of Tybee Island hereby ratifies and affirms the actions taken thus far by Bill Farmer, the former• City Manager of the City of Tybee Island (and others acting under their authority • and direction), in connection with the execution and submission of the Application as referenced above. BE IT FURTHER RESOLVED, that the Mayor of the City of Tybee Island 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 Mayor of the City of Tybee Island and/or Tom Cannon, City Manager, is hereby authorized to take any and all other action, without further approval or action of this governmental body, which may be necessary or appropriate in order to fully consummate and carry out the intent of the Agreement. BE IT FURTHER RESOLVED, that Tom Cannon 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. g:\ common \em h \tybe e1332 \resolution 1 1 BE IT FURTHER RESOLVED, that the Mayor and Council for the City of Tybee Island hereby ratifies and confirms all that the Mayor and City Manager shall do or cause to be done by virtue of the authority granted herein. This 14 day of g:\co mmo n\em h \tybe e1332\re sol uti on , 2000. Mayor Walter W. Parker Attest: For Customer Use: I have an existing Acct. f7 This resolution is for: New Account X X X Change to Existing Acct. # 8200 For OTFS Use Only: Acct Approved _Auth Entered. Audit Wire Instructions Addr Entered Wire Templates Approval: ADI AD2 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) to deposit funds available for 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 MAYOR 8 COUNCIL that funds of the THE CITY OF TYBEE ISLAND (Local Government. Political Subdivision. or State Agency) may be deposited from time to 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): THOMAS A. CANNON, CITY MANAGER 912 786 -4573 EXT =109 (Board, Council or other Governing Body) Name, Title (Employer, if applicable) (Area Code) Phone Number JACQUELYN R. BROWN, CITY CLERK 912 786 -4573 EXT =103 TANYA F. PYE, FINANCE DIRECTOR 912 786 -4573 EXT =106 ELEANOR L. BARBER, SENIOR ACCOUNTANT 912 786 -4573 EXTF110 2. All withdrawals from the Local government investment pool shall be wired to the following participant's demand deposit account: SUNTRUST BANK OF SAV'H CITY OF TYBEE ISLAND (Local Bank Name) (Account Title) 1500002348 GENERAL FUND; 1500000250 WATER /SEWER FUND 0610- 0001 -0 1500593411 SPLOST FUND 98 SAVANNAH, GEORGIA (ABA number) (Account Number) (City, State) (If applicable) Our local bank prefers to receive credit for wire transfers at the following correspondent bank: (Bank Name) (City) (Account Number) Additional Bank Account (if applicable): BANK OF AMERICA CITY OF TYBEE ISLAND (Local Bank Name) (Account Title) 0200014373 W/S BOND DEBT SERVICE; 0200000083 W/S SYS REN EXT 0610- 0005 -2 0200016873 W/S REV BOND DEBT RES. SAVANNAH, GEORGIA FUND (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: ATTN: TANYA PYE CITY OF TYBEE ISLAND (Attention) P. O. BOX 2749 (Address) (Address) TYBEE ISLAND, GA 31328 -2749 (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 ° •o Entered at TYBEE ISLAND Sworn to and subscribed before me this htary Pub Please oc mplete and return an original copy to: Georgia Fund 1 Telephone: (404) 656 -2168 Office of Treasury and Fiscal Services Toll Free: 1-800-222-6748 P. O. Box 347034 Fax: (404) 656 -9048 Atlanta, GA 30334 -5527 , Georgia this day of i C " 2/ {Signature of Head of Governing Authority) WALTER W. PARER 1-1- , 19 . (Please Print or Type - Head of Governing Authority) MAYOR (Title) day of 1 )i (_ - �-9— 0,000 Georgia Fund 1 (local government investment pool) deposits are not guaranteed or insured by any hank, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board, the State of Georgia or any other agency. 1 1 1 1 9.1.15 Aquifer AQUIFER RESOLUTION The City of Tybee Island has great concern about the potential risk to aquifer, our water supply source, that may result from the proposed deepening of the Savannah River. A US Corps of Engineers study done in 1998 concluded that "the proposed dredging will have no noticeable effect on quality and quantity of groundwater within the upper Floridan aquifer." Since that original study, other geologists and hydrologists have presented new information and raised new concerns. We on Tybee would like new and independent studies to assess scientifically the possible risk to our aquifer. We endorse the consensus reached by the Aquifer subcommittee of the SEG calling for additional scientific studies. If these studies, indicate that there is no risk, we have no objection to the Harbor deepening in the context of work being done by the Aquifer Committee. However, if these studies indicate that there is a risk to the aquifer, we urge the GPA to reassess the project. Adopted this 14th day of December, 2000. Mayor Page 1 of 1 1 1 COASTAL GEORGIA REGIONAL DEVELOPMENT CENTER REQUEST FOR TECHNICAL ASSISTANCE Jurisdiction: Tybee Island Person completing request: Tom Cannon, City Manager Brief description of assistance needed: Develop personnel policies Is this project consistent with your jurisdiction's comprehensive plan? YES NO NOT APPLICABLE X Is this project in the Short Term Work Program (STWP) of your jurisdiction's comprehensive plan? YES NO NOT APPLICABLE X This request was approved by the elected officials of the jurisdiction in a public meeting held on [date] ,y, bzr' ATTEST: CHIEF ELECTED OFFICIAL Please return to: York L. Phillips, RDC Planning Director Coastal Georgia RDC PO Box 1917 Brunswick, GA 31521 -1917 Phone (912) 264 -7363, ext. 216 FAX (912) 262 -2313 4 1 1 NO'•+'- 29 -00 03:44 PM REAL ESTATE 912 bat 533$ P -02 DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR SURVEY AND EXPLORATION Saws* Harbor Expansion P:!}1SCf (Project. Installation or Activity) City of Tybee Island DACA21 -4 -01- Meer Number as Property Identiflccutonj The undersigned, hereinafter called the "Owner ", hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government ", a permit or right -of -entry upon the following terns and conditions. 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of (12) months from the date of this instrument, in order to install/monitor groundwater monitoring wells, and carry out such other exploratory work as may be necessary to complete the investigation being made of said lands by the Government. 2. The permit includes the right of ingress and egress on other lands of the Owner not described below, provided such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, equipment, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right -of- entry. 4. If any action of the Government's employees or agents in the exercise of this right -of -entry results in damage to the real property, the Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market value oldie fee title to the real property at the time immediately preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other than those provided for herein. S. The land affected by this permit or right -of -entry is located in the State of , Ocarina County of Igjathau within the boundary of the City of Tybee Island's Water Treatment Plant and described as follows: 1 -tar wells, I Jf n Exhi t "A" u n hi MOW. 1 1: _ round WITNESS MY H AID AND SEAL this UNITED STATES OF AMERICA BY. E'L'G FORM 1255 (ER 405- 1.625) EDITION OF 1 DEC 6215 OBSOLETE. 1 1 1 Budget Adoption ORDINANCE NO. 2000-26 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 3 Finance and Taxation, Chapter 1 Financial Administration, Section 2 Annual Budget; Appropriation, be amended by the addition of section (c) Budget Adoption to read as follows: Section 1. Section 3 -1 -2 is hereby amended to read as follows 3 -1 -2 Annual Budget; Appropriations Ordinance. (a) An annual budget and appropriations ordinance shall be adopted by the mayor and council prior to the first day of the fiscal year, provided if such budget and appropriations ordinance is not adopted, the previous year's budget and appropriations ordinance shall continue as the budget for the ensuing fiscal year and until the new budget and appropriations ordinance is adopted. (b) The budget as adopted shall be a balanced budget with anticipated revenues equal to appropriated expenditures.(ORD. 1994- 01)(Ord. No. 1994 -01, Revised, 01/13/94) (c) It is Hereby ordained by the governing authority of the City of Tybee Island that the fiscal operating budget for the year 2001 be adopted to read as follows: 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 2001 budget has been submitted to the Tybee Island City Council; and Whereas, on November 9th, 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 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, the the aforesaid budget for FY 2001 is herby adopted as ordained by the State of Georgia as follows: Revenue 9 'l10C/)O 1 Gennerral al Fund Fund 3 1998 SPLOST - Expenditures General Fund • Water Sewer I 301 Fund 3 SPLOST 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. Adopted this 14th day of December, 2000. Page 1 of 2 1 1 Budget Adoption Mayor Walter W. Parker City Clerk 1st Reading: November 30, 2000 2nd Reading: December 14, 2000 Enacted: December 14, 2000 Page 2 of 2 1 1 1 Budget Adoption ORDINANCE NO. 2000-26 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 3 Finance and Taxation, Chapter 1 Financial Administration, Section 2 Annual Budget; Appropriation, be amended by the addition of section (c) Budget Adoption Capital to read as follows: Section 1. Section 3 -1 -2 is hereby amended to read as follows 3 -1 -2 Annual Budget; Appropriations Ordinance. (a) An annual budget and appropriations ordinance shall be adopted by the mayor and council prior to the first day of the fiscal year, provided if such budget and appropriations ordinance is not adopted, the previous year's budget and appropriations ordinance shall continue as the budget for the ensuing fiscal year and until the new budget and appropriations ordinance is adopted. (b) The budget as adopted shall be a balanced budget with anticipated revenues equal to appropriated expenditures.(ORD. 1994- 01)(Ord. No. 1994 -01, Revised, 01/13/94) (c) It is Hereby ordained by the governing authority of the City of Tybee Island that the fiscal capital budget for the year 2001 be adopted to read as follows: 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 2001 budget has been submitted to the Tybee Island City Council; and Whereas, on November 9th, 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 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, the the aforesaid budget for FY 2001 is herby adopted as ordained by the State of Georgia as follows: Revenue General Fund 3)4 Fund 3 1998 SPLOST Water Sewer C Expenditures o General Fund q ) III Water Sewer 3 3 4 c Fund 3 SPLOST 04 , , 4 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. Adopted this 14th day of December, 2000. Page 1 of 2 1 1 Budget Adoption Mayor Walter W. Parker City Clerk 1st Reading: November 30, 2000 2nd Reading: December 14, 2000 Enacted: December 14, 2000 Page 2 of 2 1 1 Proclamation Section 1. Item 9.1.1 is hereby renamed 9.1.1 PERIOPERATIVE NURSE WEEK PROCLAMATION PERIOPERATIVE NURSE WEEK WHEREAS, Surgery, in today's environment of balanced budgets and managed care, requires technical skill and knowledge: and WHEREAS, The Registered periOperative Nurse must set priorities, balancing the expected outcomes of efficiency and effectiveness while providing care for the patient that demonstrates both caring and compassion; and WHEREAS. Universally, the patient undergoing surgery, looks to the periOperative nurse to act as their advocate for the mental, spiritual, and physical aspects of their life during this stressful and critical time: and WHEREAS. PeriOperative nurses are recognized as providers of "Healthcare with a Human Touch" for their patients, NOW, THEREFORE, I, WALTER W. PARKER. MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM NOVEMBER 12th through NOVEMBER 13th, 2000 AS "PeriOperative Nurse Week" IN TYBEE ISLAND, DEDICATED TO THE RECOGNITION OF THE REGISTERED NURSES OF OUR COMMUNITY, WHO PROVIDE WHO PROVIDE PERIOPERATIVE CARE FOR THEIR PATIENTS. - ' �� �t�.. :3111 CL RK Oif COUNCIL THIS 15th DAY OF NOVEMBER, 2000. MAYOR 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, (4(Au vO/g , 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 /14 day o , 2000. (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 /'f of /-4 /UL '` , 2000, which was closed for the purpose (s) of i l It p ,-✓Q?e,tro.,,,vei 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 1 (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 /44 day of ..?j.e,,G.e,v- L.A0.". , .2000. Sworn to and subscribed before me this day of , 2000. Notary Public g: \common \emh\ 14536 \affiday.01 Nyor /Presiding Officer 1 1 Income Budget Summary Sheet City of Tybee Island FY 2001 General Fund Total Operating Capital • Taxes $3,153,600 • Licenses & Permits $ 208,000 • Other Gov't $ 185,000 • Fines, Forfeitures & Fees $ 627,250 • Parking Revenue $ 937,500 • Commissions & Interest $ 54,300 • Other Revenues $ 511,670 Total Income: $5,697,320 Expenses • Administration $ 509,641 $ 462,461 $ 47,000 • Information Systems $ 172,363 $ 128,363 $ 44,000 • Inspections $ 217,073 $ 205,573 $ 11,500 • Special Appropriations $ 805,675 $ 805,675, $ -0- Total- General Government $1,704,752 $1,602,072 $ 102,500 • Police $1,171,400 $1,108,800 $ 62,600 • Fire $ 160,026 $ 132,026 $ 28,000 Total Public Safety 1 $1,331,426 $1,240,826 $ 90,600 • Public Works $1,003,172 $ 926,650 $ 76,522 • Sanitation $ 480,700 $ 480,700 $ -0- Total - Public Works $1,483,872 $1,407,350 .$ 76,522 1 1 • Recreation • Parks & Park Buildings • Lifeguards • Parking Services Total Recreation Total General Fund Income • Operating Revenues • Allocation, Interest & Other Total Income Expenses • Salaries & Benefits • Fees • Other (Supplies & Equip) • Debt Expense • Capital Expenditures Total Expenses • Revenues • Capital Expenditures Total Splost Total Budget 2001 $ 782,270 $ 57,600 $ 89,100 $ 248,300 $1,177,270 $5,697,320 Water & Sewer Fund $1,561,500 $ 80,200 $1,641,700 $ 311,700 $ 84,000 $ 748,758 $ 162,750 $ 334,492 $1,641,700 Splost Fund 1998 $ 423,384 $ 423,384 $ 423,384 $ 157,978 $ 45,600 $ 78,000 $ 228,000 $ 509,578 $4,760,006 $ 311,700 $ 84,000 $ 748,758 $ 162,750 $ -0- $1,307,208 $ -0- $ 624,292 $ 12,000 $ 11,100 $ 20,300 $ 667,692 $ 937,314 $ -0- $ -0- $ -0- $ -0- $ 334,492 $ 334,492 $ 423,384 $7,762,404 $6,067,214 $1,695,190