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20010412CCMeeting
1 1 1 @ @ITEM 2001 -04 -12 City Council Minutes Mayor Pro Tem Anne Monaghan called the Tybee Island regular City Council meeting to order at 7:00 P.M. on March 8, 2001. The following members of Council were present: James Burke, Jack Youmans, Shirley Sessions, Pamela O'Brien and Mallory Pearce. City Manager Tom Cannon and City Attorney Edward Hughes were present. Mayor Parker was out of town on City business. Ms. Peggy Poole, principal of Saint Michael's School gave the invocation, which was followed by the Pledge of Allegiance. Monaghan read a letter from Ms. Poole commending the Tybee Island Police Department. (Copy attached and becomes a part of these minutes.) Chief Price mentioned that during this week that the City of Tybee lost Chief David A. McCutchen 38 years ago and that they lost Trey Alley 2 years ago today. Henry Levy addressed Council as an individual and as an expert on city planning. Levy said that it is wrong to have the Post Theater in the middle of residential area. Our code of ordinances under the Land Development section prohibits it in a R -T zone. Levy requested that the City Council members serving on the committee resign and that the City withdraw their support. Ann Carol Trammel, Xi Delta Chi sorority, requested a permit from Council for selling beer during the Pack the Beach in conjunction with the Worrell 1000 sail boat event that is due to arrive on Tybee May 11th and depart May the 12`h. Trammell also requested that the City waive the fee. Trammell said that this would be set up beside the 14 Street parking booth and they would need electric for the beer coolers and the radio. Youmans said that the Chamber is planning a low country boil for the participants. Monaghan questioned if the sorority would be selling all day. Trammell answered yes, to the public. Monaghan announced that the City has proclaimed April 27th and 28th as National Poppy Day on Tybee and that the month of April is proclaimed a National Fair Housing Month. The vote was unanimous by Council. Pro Tem Monaghan opened, asked for comments and closed the following public hearings according to the code of ordinances and the laws of the State of Georgia. Mr. Jeff Cramer presented Council with the petition from Barnard Portman for a minor subdivision at #10 9th Street PIN 4- 6 -3 -11. Cramer handed out a petition signed by 36 people in favor of the subdivision. Monaghan asked if these were all neighbors. Cramer answered neighbors and friends. Cramer said that the hardship is that the lot is 4500 square feet and on a corner lot which requires 20 -foot setback on each street. Cramer said that he proposed to build 10 foot from the property line, which is the sidewalk on Butler Avenue. Portman said that if you have a hardship then Council can grant a variance. Portman told Council that a fire burnt down the original home and all other codes will be adhered to on the building. Portman said that this is the first time in his 40 years on Tybee that he has asked for anything from the City. Earl Shaffer said that if the request is denied then Tybee will have a vacant lot and no income from a multi dollar home. Levy said that Portman came before the Planning Commission for a minor subdivision that was a unanimous vote to approve. Also at the same time he requested a variance on the setback for the comer lot. That petition was denied. Now Portman comes back and request from Council the setback variance. Levy said that the Planning 1 1 Commission vote 7 -0 to deny the request. Cramer said that the correct vote by the Planning Commission 3 in favor of the variance and 4 opposed. One abstained because of he had done the survey. Levy told Council that Portman had created his own hardship by subdividing the lot. Cramer said that if Council is not comfortable with the request of 10 feet would you like considering less. Monaghan asked McAfee to clarify the vote. McAfee said it was 5 to deny the variance, 1 abstained, 2 against. Youmans said that all three votes are different. Sessions asked if there is a width requirement in order to build a house. McAfee answered that after the setbacks that the house would only be 25 feet wide. Sessions asked again if there is a certain width for a house. Hughes answered for a lot not the house. Sessions stated then they can build a house on the lot. Monaghan answered yes. Sessions said that the photos show comparisons of houses on Butler Avenue, the one on Butler shows a private drive sign, are they exempt. Bargeron said that was the one Council granted a variance in order to save an oak tree. Sessions asked Cramer if there are trees on the lot that need saving. Cramer answered that there is a cedar, but it is not in the building area. Cramer also said that Mike Ryan does not have a setback of 20 feet from Butler. Lisa McKenzie presented the petition to Council for a variance to continue non- conforming use at 911 Lovell Avenue. McKenzie said that this will conform to the setback requirement on the property line at the back of the house. O'Brien asked if there was a list of the adjacent property owners on file? Also O'Brien said she did not see a stormwater plan. O'Brien said that we need to get the stormwater compliance letter signed; the existing structure violates zoning setbacks. Pearce asked if the shed would be removed. McKenzie answered that the new construction will set on top of the shed. Levy said that the Planning Commission voted 5 in favor of variance and 1 abstained. Dana Braun presented Council with a petition for a variance of 1'9" side setback at 1210 2nd Avenue. Braun said that he is moving the 1910 criteria home from 10`h Street and would like to keep the integrity of the historic home. Jim Kluttz said that he is in favor of the variance. Kluttz stated that Tom Coleman donated the house to the Historical, Society and that they sold it to Braun in order to save it. Levy said that the Planning Commission vote unanimously to grant the variance. O'Brien asked if Braun was willing to furnish the City a stormwater management compliance letter. Braun answered yes. Monaghan opened the meeting for business legally presented. Pearce moved to approve the request for Xi Delta Chi for a special permit to sell beer, to waive the fee, for the Pack the Beach Festival. Burke seconded. Vote by Council was unanimous. Youmans moved to grant the variance to Portman. Burke seconded. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Youmans said that a motion to deny was not made and this is what got us in trouble before with the judge. O'Brien said that with due respect she disagrees with Youmans. Hughes explained the ruling from the judge. Burke moved to grant the variance to McKenzie at 911 Lovell Avenue. Youmans seconded. O'Brien asked that it be contingent upon stormwater compliance letter. Burke said that the stormwater management compliance should be mandatory on all applications. Burke made another motion to grant contingent upon the 1 1 stormwater management compliance. Pearce seconded. Vote by Council was unanimous. O'Brien motioned to grant Braun the variance at 1210 2nd Avenue contingent upon the stormwater management compliance letter. Youmans seconded. Vote by Council was unanimous. Action Items: Parking concerns Jenny Orr — Cannon has spoken with Orr about setting up a meeting with merchants, and then he will bring ideas to Council. Burke said that months ago that Council requested a parking plan. Cannon said that the gentleman with the dog park has not been back in touch with him. It was noted that at the Chatham County Commission meeting on April 3`d that the height limit was mentioned. Olsen contract — Youmans asked what area does it cover? Cannon answered the entire island. Recycling — Eric Thomas said that they did not have the funding to start up. GMA Retirement Benefits — 2002 Budget. Five members of Council are willing to meet with the Chamber to discuss visions and goals. A checklist for subdivisions will be ready for the May Council meeting. McAfee will set up workshop between Council and Planning Commission. Rezoning of Butler Ave east side from Center to 14th Street. Youmans said that every person will have to be surveyed. Monaghan said that we will get people to help McAfee. O'Brien added to action items — bike path through Memorial Park, who is responsible for the task and when might it be completed ?; Long term dune protection; Gym Pool Referendum for November election.; Dixon green space plan — Cannon.; Sessions asked about updating the beach signs. Cannon said that the beach sign update is in your report from staff. Pearce moved to approve Council minutes of February 15th and 22nd; and March 8th and 27th. O'Brien seconded. Vote by Council was unanimous. Finance Director James King said that the auditors are in the process of completing the 2000 audit, and he apologizes for the new water bills and the confusion it has caused the citizens. Sessions told King that he was doing a great job keeping Council in line with their spending. After a lengthy discussion Pearce moved to approve the request for an alcohol beverage license for Ziv Navon "Kaiseki Japanese Restaurant" 16 Tybrisa contingent upon all blanks being filled out on the application. Youmans seconded. Cannon will personally see that this is done on this application and the other two also. Vote by Council was unanimous. Pearce moved to approve the alcohol beverage license for Raymond Roger "Poor Pat's" 1403 Butler Avenue contingent upon all blanks being filled in on the application. Youmans seconded. Vote by Council was unanimous. Youmans moved to approve the alcohol beverage license for Ryan at 1615 Butler Avenue. Burke seconded. O'Brien questioned the felony charge against Mr. Bailey. Vote by Council was 5 in favor with O'Brien abstaining. A long discussion was held on the Lighthouse resolution and the understanding of agreement. Pearce moved to adopt the resolution presented by Chamber and the Understanding of Agreement from Kluttz with changes that Hughes suggested. O'Brien seconded. Youmans mentioned the conflict of some council members voting because they are members of the Historical Society. Hughes said he does not think that there is a conflict. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Youmans said that he wanted in the minutes that he did not vote to get rid of the lighthouse. 1 1 Pearce moved to give the authority to the City Manager, the City Attorney and the Mayor to come up with an acceptable agreement between the City of Tybee and the MRS for the Lazaretto. Sessions seconded. Vote by Council was unanimous. Youmans moved to accept Section 2 -1 -1 Compensation of Mayor and Council Members on first reading stating that it is confusing the way it reads, elected officials must turn in receipts up to the set amount that they receive before charging any thing to their line item in the budget. Pearce seconded. O'Brien said that the elected officials do not need to declare the monthly money they receive. Sessions asked if the Finance Director, the City Manager and the City Attorney review this ordinance? Hughes answered that King is aware of this issue and has spoken with him before this came up, but that he is not familiar with what O'Brien is referring to. Voting in favor of the first reading were Burke, Youmans and Pearce. Voting against were Sessions, Monaghan and O'Brien. Sessions moved to send the ordinance back for King, Hughes and Cannon for review. Pearce seconded. Vote by Council was five in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Youmans moved to let the State of Georgia handle gambling devices. Burke seconded. Vote by Council was 3 in favor (Burke, Youmans and Pearce) 3 opposed (Sessions, Monaghan and O'Brien). Sessions moved to accept the video poker ordinance on first reading. O'Brien seconded. Sessions stated that she has received e- mail from Mayors and City Manager about the severe problems that they are facing and that Tybee is a potential target. After a long discussion Sessions withdrew the motion for further study. Pearce moved to accept Section 10 -1 -26 Regulation of Parking in Individual Parking Spaces on its first reading after Cannon explained why it is needed and added the last sentence to read "The Parking pass is for vehicle only ". O'Brien seconded with the additional sentence. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce moved to accept Section 10 -1 -43 Parking Lots on its first reading. O'Brien seconded. Youmans said that "as established by City Manger" needs to be removed because the Council sets the fee. Pearce and O'Brien accepted the amendment. Vote by Council was unanimous. Pearce moved to accept Section 2 -5 -2 Court Costs on its first reading. Sessions seconded. Cannon told Council that the last time the fee was increased was in 1995. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce moved to adopt the ordinance on Beach Task Force as written on its first reading. Youmans seconded. Youmans said that if this ordinance passes the City will needs a list of the people serving so that they will know when the persons' 3 year term is expired. O'Brien said that the City is lucky to have these people with knowledge and asked Youmans if he would consider dropping the time max. Youmans answered that if a person does a good job you will reappoint them. O'Brien asked that the Clerk of Council make a note that a charter, rules and by -laws be submitted to Council in 6 months. Vote by Council was unanimous. Paul Burns addressed Council concerning his business located on Lazaretto turning into a dumping ground. Burns said that he has been to Cannon, who in turn sent Bargeron but that nothing has been done. Burns asked that the dirt be removed. Burns 1 1 said that he realizes that the MRS do great things. Youmans said that there are plans for the MRS building in City Hall. Monaghan asked that McAfee look into this tomorrow. Hughes said that the sand is located in the City right of way. Cannon told Council that there were 2 letters from Bill Farmer in the packet and that his contract was due to expire on April 28, 2001. Burke moved to let the contract expire. Youmans seconded. Monaghan asked Cannon for his recommendation. Cannon said that it is $200.00 per meeting and we are talking about 12 months, this is a personnel issue. Hughes said that it would not fall under personnel for executive sessions. Cannon said that Council had asked him if he could take over for Farmer and could pursue. O'Brien stated that this is a very complicated issue with high financial impact and there needs to be a healthy transition period. Youmans said that the City needs some capable somebody. Sessions said she agreed with transition period but the point is when are we going to make the break. Monaghan said that we are talking 2 or 3 meetings a month and that will mean Cannon will be out of the office a lot. Burke said that the COPS will not meet 2 or 3 times a week. Youmans said as far as tying up Cannon's time that he now has about 5 people to help him. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). O'Brien moved that Cannon, Hughes and the Mayor develop a new contractual agreement with Farmer for a orderly transition of responsibility and the last sentence of "The overall decision is whether or not the total benefits anticipated exceed the total costs, as compared to other alternate courses of action or inaction ". Pearce seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 Opposed (Burke and Youmans). Monaghan asked for a moment of silence to honor the Executive Director Jim Calvin of Georgia Municipal who passed away this pass earlier this week. Pearce moved to adopt the GMA Articles of Incorporation. Youmans seconded. Vote by Council was unanimous. Pearce brought the idea of 4 year staggered terms to the attention of the Council members. Hughes will look into this issue and come back to Council with recommendations. O'Brien asked if the letter from Jonathan Brown to purchase a portion of 10th Street will be heard tonight. Cannon answered that he has the letter. O'Brien asked for an update and recommendations at the May meeting. Hughes told Council that he requested the Special Event item be placed on the agenda as the present ordinance addresses events held on public property but not on private property. Sessions questioned the safety issue on Highway 80 now that shops are open in that area. Hughes will ask Chief Price to check into the safety issue and report back to Council. McAfee gave a short report on the skate park. Youmans said no more money from the City is to be spent. Cannon said that the 40 X 100 foot slab will be donated and that the YMCA will spend $10,000 on ramps and equipment. Cannon told Council that the widening of Highway 80 (Tybee road) is to be started in July of 2002 and will take up to 3 years to complete. O'Brien asked how the Cuts Advisory committee works with DOT. Cannon answered they don't. Burke said that people voted to make it a 4 -lane highway. Youmans stated that Levy is correct in that the CUTS Advisory committee is a recommendation board only, the 4 laning of 1 1 Tybee Road is set in iron with DOT, they were out doing soil samples last week. A survey of citizens for the master plan can ask the question about the 4 -lane highway and Monaghan requested that the toll road be added to the survey. Cannon gave an update on the water sewer treatment plant saying the contractors were on site, they are clearing land for the building, and a schedule is in Cannon's office. Cannon said the paper work for the loan from GEFA was sent in and that beginning in July of 2002 the payments will be $50,000 a quarter. McAfee handed out information on building permit update of fees. McAfee said that it has been a long time since and increases have been made to schedule. After discussion the motion made by Pearce to accept and seconded by Sessions for discussion was withdrawn. McAfee will get examples of costs and a fee schedule from Chatham County. O'Brien said that she would like a copy of the fee schedule. Youmans moved to adopt Section 10 -1 -36 (a) Period; Condition to Issuance parking Construction site on its second reading. Burke seconded. O'Brien said she would like to move to deny because it concerns non vehicle parking and putting something in the code and she believes that Cannon can work this out with the construction. Council vote was 3 in favor (Burke, Youmans and Monaghan); 3 opposed (Sessions, O'Brien and Pearce). Pearce moved to adopt Section 2 -1 -11 Regular and Special Meetings on second reading. O'Brien seconded. Burke asked if the ordinance went into effect tonight? Hughes answered yes. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). There was some discussion on changing the June meeting date. Monaghan read a petition concerning Sea Breeze Water Sports. Burke said that the ordinance states at the end of a street. Cannon said that he is trying to work this out so that we don't have a problem. Burke said City issued a license to Beach Side Colony — chairs at water line and trampolines are in water. Youmans said that he remembers when ordinance was changed allowing stands at the end of the streets not in the middle. Monaghan questioned the 4 X 6 foot shed on the beach asking if this was permitted by City Hall. Sessions said that the ordinance states end of streets only. Monaghan said that the people came in to zoning and got the permit. Hughes said that the ordinance does state end of street or a place designated by City Manager. Hughes and Cannon will research for the May meeting. Burke moved to go into closed session to discuss personnel and litigation. Pearce seconded. Vote by Council was unanimous. The regular meeting was reconvened and as there was no further business to come before Council Pearce moved to adjourn. O'Brien seconded. Mayor Pro Tem Anne Monaghan 1 1 1 1 Si Michael's Catholic School P. O. Bar 740 714 Lovell Avenue Tybee Island, GA 31328 Phone (912) 736 -4507 Fax (9121 736 -4551 Merck 28, 2001 Mayor Walter Parker City Hall P. 0. Box 2749 Tybee Island, GA 31328 Dear Mayor Parker: I just want to take same time to let you know what a „ the Tybee Island Police De good relationship there is betwee whenever we have called on the department., theMichael's ave been most willing the four years ,v�Ilu:_ .o help. Officer Rene Kaminski would often just drop by school to see how were My first year here she arranged with triple A things we.,, going. helmets for those students who did not have one. There were several times when bicycle needed help with a situation, that I called Rene and she came right away to helpIf she was not available. then Officer Mike Hogan would come. This year, Jason Heckman and Mike Hogan have taken it upon themselves to visit the school on an informal basis and talk with the children Jason has even spent classroom answering questions for students. Every so often, he comes by while thee children are playing outside and visits with them. Sometimes he simply checks in with me to see how things are going and if we need anything. Two years have passed since bike helmets were given out to St. Michael's students. This year Jason, William Mosley, Tiffany Wall, and other officers helped distribute free bike helmets to all students who did not have one. Jason Heckman along with one of our teachers, Mr. Hal Stillings, organized and started the safety patrol. They also studied the traffic and then set up a flow that is most safe for our children crossing the street at 8th and Lovell Ave. This is something do since I arrived four years ago. 1 have wanted to As part of our accreditation process we needed an emergency plan for the school. Chris Case and Jason Heckman met with some faculty and parents several times to discuss what we felt must be included in such a plan. Then Chris spent time writing it. Last Thursday, March 22, both Jason and Chris met with our organizing nts and presented this plan. parents and of-t-z2- 04AA-ce- �P 1 1 1 We also have three fun activities during the school year in which the entire police department participates. These three events provide a lot of fun for everyone attending and financially help support our school. In the to and the beach bums play a softball game. � people come out to watch the police students come out to watch the game. Dig basketball season, out. parents and the Pigs vs. Sharps basketball police play our St. Michael students in what is known as police and pigs played their first. And just � past Sunday, for the first time, the annual event. All money collected at each activity that we are hoping will become an So far this year. the police have help raise donated to St. Michael's School. approximately $800.00. Goodness, as I read over this. I did not realize just how involved our Tye olic with our school and. our children. We are grateful for all of their assistance and for ll time they take with out. students and us. You should be proud of ail of them. the Thank you so much for your support and God bless you. Sincerely, Peggy Poole, Principal cc: Chief Jimmy Price Mr. Tom Cannon, City Manager 1 1 P R O C L A M A T I O N WHEREAS: NATIONAL POPPY DAYS has been set aside throughout this country as a day in which all people can assist our disabled American Veterans; and WHEREAS: the Tybee Island American Legion Post 154 and the Tybee Island Auxiliary, traditionally take this opportunity To support all disabled veterans; and WHEREAS: the Tybee Island American Legion Post 154 and the Tybee Island Auxiliary will be selling Poppies to support the Disabled American Veterans: and WHEREAS: All donations received from the sale of poppies go Directly to the aid of brave veterans and their Families: NOW THEREFORE, I, Walter W. Parker, Mayor of the City of Tybee Island, Georgia, do hereby proclaim Friday, April 27, 2001 and Saturday, April 28, 2001 as "POPPY DAYS ON TYBEE ISLAND" AND I DO FURTHER EXHORT ALL CITIZENS OF OUR CITY AND ALL VISITORS TO OUR CITY TO SUPPORT THE AMERICAN LEGION POST 154 AND THE AUXILIARY IN THEIR EFFORT TO HONOR OUR ESTEEM DISABLED VETERANS FOR THEIR SACRIFICES TO OUR COUNTRY. THIS 12TH DAY OF APRIL 2001. May. Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1 1 WHEREAS: WHEREAS: WHEREAS: City of Tybee Island, Georgia Proclamation The Federal and State of Georgia Fair Housing Laws prohibit discrimination in housing based on race, color, religion, sex, disability (or handicap), family status or national origin; and April 12, 2001 marks the 33rd anniversary of the passage of Title VIII of the Civil Rights Act of 1968, the Federal Fair Housing Law; and The City of Tybee Island supports the efforts of local agencies, non- profits, the private sector, and individuals in ensuring compliance with the Federal Fair Housing Law; and WHEREAS: The City of Tybee Island affirms the right of all people to choose where they wish to live without encountering discrimination; and WHEREAS: The month of April has been designated by the U.S. Department of Housing and Urban Development as National Fair Housing Month. Now, Therefore, I, Walter W Parker, Mayor of the City of Tybee Island do hereby proclaim the month of April, 2001 as: "FAIR HOUSING MONTH" in City of Tybee Island and call upon all citizens of our city to participate in ceremonies and activities supporting the State and Federal Fair Housing Laws. Adopted this 28th day of March, 2001. 4 ayor Walter W. Parker Cle 1 STATE OF GEORGIA COUNTY OF CHATHAM RESOLUTION WHEREAS, the Tybee Island Historical Society has served as a responsible steward for the Tybee Island Light Station since 1986 and; WHEREAS, the Tybee Island Historical Society has raised funds necessary to successfully restore the 1773/1867 lighthouse to its 1916 character, and has raised funds necessary to restore the 1881 Headkeepers' Dwelling which is as of this day underway and; WHEREAS, the Tybee Island Historical Society is currently raising sufficient funds to complete the total rehabilitation of the entire light station and; WHEREAS, the lease arrangement with the United States Coast Guard has restricted potential funding sources from granting funds to the Tybee Island Historical Society and; WHEREAS, a Congressional transfer of the Tybee Island Light Station to the Tybee Island Historical Society will provide the opportunity to enhance the funding, restoration interpretative and educational potential of the Light Station; NOW THEREFORE BE IT RESOLVED, that the City of Tybee Island hereby supports the efforts of the Tybee Island Historical Society to have the Tybee Island Light Station transferred to them by means of Congressional Legislative action, subject to an agreement with the City regarding the use and maintenance of the Tybee Island Light Station. 1 1 1 ADOPTED this Qj day of 4,1,1 , 2001. Attest: EMIATYBEE\359\RESOLUTTON 1 STATE OF GEORGIA COUNTY OF CHATHAM AGREEMENT WHEREAS, the City of Tybee Island (hereinafter "the City") is a duly authorized and existing municipal corporation under the laws of Georgia; and WHEREAS, the Tybee Island Historical Society, Inc., (hereinafter "the Historical Society") is a non - profit corporation duly existing under Georgia law; and WHEREAS, located within the Fort Screven area of the City of Tybee Island are the structures and facilities commonly known as the "Lighthouse Station," which is more fully described on EXHIBIT "A" hereto, and which has potential historic value and importance for recreation and cultural interest in the City; and WHEREAS, the parties hereto wish to enter into an agreement pertaining to the Lighthouse Station to govern each party's rights and obligations with respect thereto; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and the Historical Society to hereby agree as follows: 1. The City and the Historical Society hereby agree to cooperate with respect to maintenance, operation and preservation of the Lighthouse Station, so as to insure the following: a. The ownership of the property known as the Tybee Island Light Station shall be held on Tybee Island. b. The property known as the Tybee Island Light Station shall be open to the public and operated as a historic, educational, and interpretive facility. M monlemhltybee1359\agreement 1 1 1 c. The property known as the Tybee Island Light Station shall always be operated, maintained, and preserved according to the Secretary of Interior standards. d. The property known as the Tybee Island Light Station shall be operated, maintained, and preserved in accordance with the requirements and criteria to achieve and continue its status as a National Historic Landmark. e. The property known as the Tybee Island Light Station shall always be operated, maintained and preserved by the Tybee Island Historical Society. Any change to another not - for - profit organization must be approved by the City of Tybee Island and the Tybee Island Historical Society. f. Neither party hereto shall, without the written consent of the other party hereto, either sell, assign, grant a security interest in or transfer this agreement or any interest or obligation with respect to the Lighthosue Station without which consent shall not be unreasonably withheld. 2. It is further agreed by the parties, that if the Tybee Island Historical Society, Inc. is unable to continue to operate, maintain and preserve the property known as the Tybee Island Light Station in accordance with the above criteria and the property is at risk to revert back to Federal ownership and control, the Tybee Island Historical Society, Inc. agrees to transfer all of its rights to the City of Tybee Island for the sole purpose of insuring that the City be required to adhere to and continue the above criteria for future generations to enjoy. vicommon\emhVybee1359\agreement 2 1 1 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this Iday of Q 2001. BY: ATTEST... BY: Al'lEST: Approved as to form: Edward M. Hughes Attorney for: City of Tybee Island 8 common \emlAtybeel359\agreement — 3 - City of Tybee Islan Walter W. Parker, Mayor e Tybee Island Historical Society 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AGREEMENT This Agreement, made and entered into this day of , 2001, by the City of Tybee Island, Georgia, hereinafter ( "the City ") and The Tybee Island Marine Rescue Squadron hereinafter ( "MRS "). W I T N E S S E T H WHEREAS, the City is a municipal corporation under Georgia law authorized to provide recreational, governmental, public health, police and safety related services, activities and facilities to citizens and is desirous of improving its ability to do so; and WHEREAS, the MRS is a non - profit corporation engaged in providing rescue missions and response calls from the Tybee Island Police Department and /or other local and federal agencies to engage in search and rescue operations on waters adjacent to Tybee Island as volunteers using privately owned vessels and over the years has provided invaluable service in assisting the city of Tybee Island with search and rescue missions; and WHEREAS, the City of Tybee Island has been judicially determined by the Supreme Court of Georgia in Swangberq v The City of Tybee Island, Georgia, 271 Ga. 23 (1999) to be the fee simple owner of the premises hereinafter described which premises are a part of the right of way the former Highway 80 prior to relocation of the bridge to Tybee Island; and WHEREAS, a portion of the right of way is an appropriate and suitable location for a municipal building which will be used for 1 transportation related purposes including emergency storm recovery purposes; and WHEREAS, in light of the volunteer services provided by the MRS in a transportation related context which will inure to the benefit of the City and the MRS, and WHEREAS, the parties wish to enter into an agreement to construct a facility on the property hereinafter described and to control the use and occupancy of such premises and improvements thereon; and WHEREAS, it is the intent ofd the City and the MRS to continue to work together in good faith under this agreement, the policies of the City and applicable laws and ordinances of the City and the State of Georgia; NOW THEREFORE in consideration of the mutual covenants and conditions herein contained, the City and MRS, intending to be legally bound, hereby covenant and agree as follows: 1. IMPROVEMENTS /PREMISES: The MRS, through the efforts of its membership and such other efforts as it might determine appropriate will construct or have constructed a building under plans approved by the City to be located on the premises described in Exhibit A attached hereto. The City does hereby authorize the MRS to construct a building on the premises in accordance with plans approved by the City and from time to time to make improvements to the premises as may be necessary, useful or appropriate for the use to which the MRS intends to make of the premises, provided that all such improvements are approved by the City and the City shall not unreasonably withhold such approval. EMH \19498 \MRS.LEASE 2 1 1 1 2. USE OF PROPERTY: The City agrees to make its property described in Exhibit A available pursuant to this and such other separate agreements as may be appropriate for the use of the MRS in conducting programs missions and services. The MRS will provide ordinary and normal ground maintenance and will maintain the building in reasonably good condition. 3. INDEPENDENT RELATIONSHIP: The relationship between the City and the MRS shall be that of independent entities and neither the MRS nor its members or employees shall be deemed an employee, representative or agent of the City for any purpose whatsoever. Neither the MRS nor its membership volunteers or employees is entitled to receive from the city any insurance coverage, workers compensation benefits, pensions, profit - sharing, paid vacation, sick leave, disability or other benefits which might normally be provided by the City to its officers or employees. 4. GRANT OF LEASEHOLD: The City does hereby rent and lease unto the MRS the premises described on Exhibit A hereto and incorporated herein by reference (sometimes referred to as "premises ") for an annual rental fee payable on the first day of this lease and for each year thereafter, in the sum of one dollar and for good and for and in consideration of such sum and the mutual covenants and agreements contained herein, and other good and valuable considerations delivered by each of the parties hereto to the other at and before the sealing and delivery of these presents, the receipt and sufficiency whereof are hereby acknowledged, the City as owner of the premises hereby covenants and agrees to grant, EMH \19498 \MRS.LEASE 3 1 1 1 demise and lease to the MRS and MRS agrees to hire, take and lease from the City for a term of fifteen years, the premises and all improvements, subject to the terms and provisions -of this agreement. 5. USE OF PREMISES: The MRS, in coordination with the City, shall use the premises for purposes of meetings, . programs and missions authorized under this agreement or otherwise undertaken by the MRS. 6. IMPROVEMENTS TO PREMISES: The City does hereby authorize the MRS to construct a building on the premises in accordance' with plans approved by the City and from time to time to make improvements to the premises as may be necessary, useful or appropriate for the use to which the MRS intends to make of the premises, provided that all such improvements are approved by the City and the City shall not unreasonably withhold such approval. 7. ASSIGNMENT AND SUBLEASING: The MRS may not without the consent of the City, sublease any premises described herein nor assign any of its rights or interest in any premises or this agreement without the written consent of the City. 8. UTILITIES: The MRS shall pay for all utility costs associated with conducting its programs. 9. INDEMNIFICATION: MRS, its successors in title and assigns, shall indemnify, protect, save and hold harmless the City, its officers, council persons, employees and agents, from and against EMH \19498 \MRS.LEASE 4 1 1 1 any and all claims, demands, judgments, set -offs, losses, damages, liabilities, awards, fines and expenses, including without limitation, the concurrent negligence of one or more of the parties herein indemnified and MRS, its successors in title, and assigns, the contributory negligence of any party indemnified herein and any third party, and any attorney's fees, expenses or other costs associated with or incurred, based on or in any manner relating to the subject matter of this agreement or the use of any premises hereunder, including, but not 14mited to injury to person or property, actual damages, consequential damages, punitive damages, losses, set -offs, warranty claims, products liability claims, conversion claims, nuisance claims; provided however, that nothing contained in this provision shall be interpreted to indemnify or hold harmless any indemnified party against liability for damages arising out of bodily injury to person or damage to property caused by or resulting from the sole negligence or willful misconduct of such indemnified party. Without limiting the foregoing indemnity, MRS, its successors and assigns, shall indemnify the City for all defense costs, including reasonable attorney's fees, judgments and amounts paid in settlement. 10. INSURANCE: The MRS agrees that it shall at all times during the term hereof, at its own expense, and in the name of and for the protection of itself, the City, and such other persons as the City may designate, keep policies of insurance with an insurance company approved by the City as follows: EMH \19498 \MRS.LEASE 5 1 1 1 a) Public liability insurance in the usual form indemnif ° the parties described above against loss Ying oss or damage occasioned by any incident or casualty occurring in, upon or about the re or the sidewalks alleys premises s or other property adjacent thereto or for any incident or casualty occurring or arising from or by reas f or in connection with activities conducted by on cl under this agreement, Such y MRS and /or the CiCity policy or policies shall provide at least the following limits of coverage: $1,000,000.00 with r to any injury to any one espect person,, $3,000,000.00 with injury resulting from any one occurrence respect to giving rise to liability; $1,000,000.00 with respect to any injury to y in ur or damage g property. b) All insurance policies required pursuant to this agreement shall contain an express w waiver of any rights of subrogation by the insurer against the City. 11. ENTIRE AGREEMENT: This agreement contained herein shall represent the entire agreement made between the understood and agreed that no subsequent arties and it is quent alteration, amendment, change, addition or modification to this lease shall be bin ' g upon the Cit n y or di MRS unless reduced to writing by them and by direct reference made thereby and made a part hereof. IN WITNESS WHEREOF the City has hereunto set its hand and seal and MRS has caused this agreement to be executed all on the day and year first above written. EMH \19498 \MRS.LEASE BY: CITY OF TYBEE GE 1�,, GEORGIA YOR WALTER W. PARKER 6 i 1 1 BY: Signed, sealed and delivered in the ,gyres -nce of: CITY OF TYBEE ISLAND, GEORGIA MAYOR WALTER W. PARKER ATTEST: WITNESS NOTARY CINDY B. EDWApi Notary Mk Effingham Cuff% GA My Commission Expires February 20, 2005 Signed, sealed and delivered in the presence of: lir . ea. NOT • !- Y Notary Public, DeKalb County, Georgia. My Commission Expires September 16, 2001. EMH \19498 \MRS.LEASE . BROWN, CLERK OF COUNCIL (SEAL) TYBEE ISLAND MARINE RESCUE SQUADRON, INC BY: SKIPPER ATTEST: / 5'3SECRETARY 7 1 1 1 AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE GEORGIA MUNICIPAL ASSOCIATION, INC. I. The name of the corporation is: "Georgia Municipal Association, Inc." II. The corporation shall have perpetual duration III. The corporation is organized pursuant to the Georgia Nonprofit Corporation Code to carry out essential governmental functions for and on behalf of its members and other government entities, including, but not limited to, the following specific purposes: A. Exchange and disseminate information and ideas for the more efficient administration and conduct of local government and affairs; B. Represent the collective interests of its members with the executive, legislative, and judicial branches of state and federal government; C. Facilitate improvements in local government within the State of Georgia by providing appropriate technical assistance, publications and expert advice to members; D. Conduct research in areas of interest to members and make the results of the research available to members and other interested parties; E. Serve as a repository of publications, research materials, and data related to the operations of local government and the duties and responsibilities of local government officials, and make the materials available to members; F. Develop and operate programs and services designed to promote efficient and cost effective operation of local government, including employee benefit programs, financing programs, fee and tax collection programs, and purchasing services; G. Develop and conduct conferences, seminars, meetings and workshops that will provide educational opportunities and training for local government officials and forums for the exchange of information and ideas among local government officials; 1 1 1 H. Promote constructive and cooperative intergovernmental relations by developing and maintaining relationships with groups representing local, state and regional governments; I. Promote the general welfare of local governments and urban areas of this State in such a manner as may be authorized from time to time by the corporation's Board of Directors; and J. Do any and all things necessary and proper for the benefit of its members. In furtherance of these purposes, the corporation shall be authorized to receive and use payments, grants, donations and contributions from any source in furtherance of its purposes. In carrying out its corporate purposes, the corporation shall have all powers allowed corporations under the Georgia Nonprofit Corporation Code and other applicable state and federal laws and all of the corporation's income shall accrue to the benefit of the local governments that become members of the corporation. IV. The method of election of directors shall be as provided in the bylaws. V. The corporation will not be organized or operated for pecuniary gain or profit, and it shall have no capital stock. VI. The corporation shall have one (1) class of member. Any municipality or consolidated government of Georgia by proper action of its legislative body and the payment of annual dues as prescribed in the bylaws of the corporation may become a member of the corporation. Each municipality or consolidated government holding membership in the corporation shall be equally privileged with every other municipality and consolidated government holding membership therein in its voice and vote in the election of officers and directors and upon any proposition presented for discussion or decision at any meeting of members. The Board of Directors of the corporation may prescribe such additional reasonable qualifications for membership as it may deem appropriate. VII. In the event of dissolution of the corporation or surrender of the corporate charter, all property of the corporation shall be donated to one or more municipalities of the State of Georgia as determined by the Board of Directors. Upon failure of the Board of Directors to provide for the disposition of said property upon dissolution, said property shall inure to the State of Georgia. In any event, none of the property of the corporation shall inure to the benefit of any person or profit organization. 1 1 RECOMMENDED by an affirmative vote of the Board of Directors of the Georgia Municipal Association, Inc. January 20, 2001; and APPROVED by an affirmative vote of members of the Georgia Municipal Association in accordance with the provisions of Code Section 14 -3 -1003 IN WITNESS WHEREOF, the undersigned attest and execute these Articles of Incorporation. This day of James A. Calvin Andrew J. Harris, Jr. Executive Director President Georgia Municipal Association Georgia Municipal Association 1 1 1 Summary of Amended and Restated Articles of Incorporation for the Georgia Municipal Association, Inc. Article I: No change. Article II: No change. Article III: Restates and amends the powers of the corporation with specific reference to the Georgia Nonprofit Corporation Code. Article IV: No change. Article V: No change. Article VI: Identification of initial registered office and registered agent is deleted as such information is no longer necessary in this document. This is a restatement of article IX of the current articles of incorporation concerning who may become a member of GMA. There is no substantive change to this section except for the recognition of consolidated governments as members. This is appropriate since consolidated governments have municipal powers and functions. Article VII: Identification of initial board of directors deleted as such information is no longer necessary in this document. This is a restatement of article X of the current articles of incorporation. 1 A RESOLUTION WHEREAS the Board of Directors of the Georgia Municipal Association h the membership approval and adoption of amended and restated articles of in orpommendor to GMA; and incorporation for WHEREAS the City of Tybee Island is a member of GMA entitled to disapproval of such amended and restated articles of incorporation vote for approval or NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Ci Tybee Island , that the City of Tybee Island tY of Select One: Approves 0 Disapproves the attached 2001 Amended and Restated Articles of Incorporation for the Georgia Association, Inc. rgia Municipal BE IT FURTHER RESOLVED that this ballot shall be returned to the Georgia Association, attention LEGAL DEPARTMENT, g Municipal , by the city clerk on or before April 20, 2001. RESOLVED this 12th day of April, 2001. 10-1-36 (a) parking ORDINANCE NO. 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 10 Motor Vehicles and Traffic, Chapter 1 General Traffic Regulations, Art. B Parking, Section36 (a) Period; Condition to Issurance, be amended to read as follows: Section 1. Section 10 -1 -36 is hereb amended to read as follows 10 -1 -36 PERIOD; CONDITION TO ISSUANCE (a) The decals shall be issued for a period of no longer than one (1) year, and with the reservation that the decals only be distributed upon the presentation of a current valid registration of the state, indicating registration and address from the city and also indicating that the ad valorem tax thereon has been paid to the city. Decals may be issued for use on automobiles, other motor vehicles such as trucks, recreational vehicles, and buses; trailers and other things with Georgia State tags and paid ad valorem taxes to the City of Tybee Island ikon -v �ciesx h .t c rkin e will drs 1 ' a letter from he C,ifv Mai `satin e 4r tie sac s be t `� and ` valid r1g t r� fi a . -ci f. ®. e.;. be set a 5 month occu led "during the months of October thr ugh Mach, and $500.O0 er space, er month urinathe months of ril hrou h e ternlier avable in advt ce: This relit will be ad'usted a2 i a lv in res e to Cons mer Price Index. Persons whose automobiles, etc. are not registered to a city address may obtain a decal by purchase, upon payment of a fee set by the governing body. (Code 1970, Sec. 19 -31) (Ord. 1984 11, 9 -6 -84) (ORD. 1992 -2) (b) The Governing body shall have the authority to grant courtesy decals to persons whose automobiles, etc. are not registered in Tybee's taxing district. The Clerk of Council shall maintain a list of those individuals, and the issued decals' numbers, to whom the Governing body grants courtesy decals.(ORD, 1992 -1, 2- 13 -92) (1997 -96; 8/14/97)(1997 -120; 11/13/97) 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 day of'J12001 Mayor Walter W. Parker Page 1 of 2 1 1 2 -1 -11 Regular and Special Meetings ORDINANCE NO. 2001-06 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 Government and Administration, Chapter 1 Mayor and Council, Section 11 Regular and Special Meetings, be amended to read as follows: Section 1. Section 2 -1 -11 is hereby amended to read as follows 2 -1 -11 Regular and special meetings. Regular meetings of the mayor and council will be held on the second Thursday of each month at 7:p.m. in the City Hall, hove ex. the May and Council may reschedule any such mie i t g b a majority vote at a public meeting;. Special meetings, including any public hearings under the Land Development Code, may be held as provided by Section 100 -2 -19 of the City Charter. (Ord. No. 2 -1982, 8- 11 -82; Ord. No. 1 -1984, 1- 11 -84; Ord. No. 16 -1984, 12 -6 -84) (Ord. 97 -112: 9/15/97)(1998 -17; 7/23/98)(1999 -05; 4/8/99)(ORD. 1999 -17; 6/10/99)(ORD. 2000 -04; 2/10/00) (ORD. 2001 -06; 4 /12 /01)(ORD. 2001 -06; 4/12/01) 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. 0, 01 Adopted thispG day of 1V airch ,2001 Mayor Walter W. Parker C. 1 Reading: 3/8/2001 2nd Reading: 4/12/2001 Enacted: 4/12/2001 Page 1 of 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, /- ,v4e. �° 17NA �la , 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 day of , 2001. (2) That it is my understanding that O.C.G.A. S 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the 11— of /grit! , 2001, which was closed for the purpose (s) of 1' r( Sv9'O.")J - yeP.e1©..ivci 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 (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 /29 day of /Q f°"„`�` , 2001. Sworn to and subscribed before me this I'?/ day of tip- , 2001. N, lic g: \common \emh \14536\affiday.01 a)y, o 1°. (AoNrice.qlrics.in__ Mayor /Presiding Officet