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@ @ITEM 2003 -01 -23 City Council Minutes
Mayor Walter W. Parker called the January 23, 2003 Council Meeting t order at 7
P.M. The following members of Council were present: James Burke, Jack Youmans,
Walter Crawford, Jason Buelterman and Richard Barrow. City Attorney Edward Hughes
and City Manager Bob Thomson were also present. Mayor Parker announced that
Council member Reynolds was absent because of attending surveying school. Council
member Barrow gave the invocation; the Pledge of Allegiance was recited.
Lawanna Tsoulos requested to purchase a 30 by 50 foot portion of the unopened
right of way of Estill Avenue owned by the City. Tsoulos said she and her husband have
been keeping the section cleaned and plan to keep it as green space. Crawford told
Council it is his understanding that the department heads have signed off with their
approval. Hughes informed Council that the City must offer to sell the other section to
the other abutting property owner. Crawford said he is the other owner and that he has no
objection. Hughes said this would have to be advertised for a public hearing before
Council.
Thomson introduced Howard Marlowe, stating that he is a lobbyist in Washington
that assists cities in getting federal funds for beach renourishment. Parker said Marlowe
served on the Coastal Coalition with him. Marlowe gave Council his history and
background of what he has accomplished for coastal cities. Marlowe said the federal
government has a responsibility to stay as a partner in helping fund beach projects.
Barrow told Council that Washington is full of lobbyist not needed but Marlowe is
needed.
Mayor Parker opened the meeting for business legally presented. Burke moved to
advertise for a public hearing for input on the request from Lawanna Tsoulos for
purchase of unopened right -of -way named Estill for the February 13th meeting. Youmans
seconded. Vote by Council was unanimous.
Crawford moved that the city replace the stolen Fort Screven sign with the
same verbal and design Buelterman seconded. Vote by Council was unanimous.
Crawford asked that tamper proof bolts be used to install.
Crawford moved to adopt the Green space Program Revisions from MPC.
Burke seconded. Hughes told Council # 14 in the document made no sense. Vote by
Council was 4 in favor (Burke, Crawford, Buelterman and Barrow); 1 opposed
(Youmans).
Youmans moved to approve the alcohol beverage licenses renewal of North
Beach Grill and George's with a letter of reprimand and a year probation for those
caught in the string operation. Burke seconded. Vote by council was unanimous.
Barrow the moved to approve the 4 -page layout in the Community
Communications, Inc. publication in the amount of $4,027.00. Buelterman seconded.
Vote by Council was 4 in favor (Burke, Crawford, Buelterman and Barrow); 1 opposed
(Youmans).
Crawford moved to draft a resolution to Chatham County Commissions
encouraging them to reprioritize for the 4 lanes from Bull River to Lazaretto.
Youmans seconded. Vote by Council was unanimous.
Crawford asked Council to direct or request that the Planning Commission
look at the question of stairs in the setbacks since this is an on going issue and no
request has been turned down. Check with Chatham and the other municipalities. Burke
seconded. Vote by Council was unanimous.
Crawford moved that the city speak with the former City Manager about a verbal
agreement between the city and Charlie Waggoner concerning payment for 2 grants,
and if this is confirmed by Cannon then we should pay Waggoner. Youmans said we
have a City Manager that is suppose to be able to write grants and we should not be
contacting them out.
Burke said the Water Sewer Committee has met with the city engineers and they
recommended sealing all man holes in low lying areas to help store storm water from
infiltrating into the system and asked Thomson for a status report. Thomson answered
that with $250,000 freed up form existing funds that the city can pave over the manholes
and mark them the way other cities do.
Buelterman moved to approve the Park of 7 Flag design that was presented
tonight and signed by all Council members which will allow 2 way traffic on Butler
and to get the project complete before summer. Crawford seconded. Parker said this
will create problems. Vote by Council was unanimous.
Burke moved to adopt the resolution requesting the Chatham County Election
Board to run the November 4, 2003 general election. Crawford seconded. Vote by
Council was unanimous.
No action was taken on the Chatham County Agreement Inmate Service Fee
Reimbursement. Council agreed that more information is required and the correct
document needs to come before Council. Thomson and Brown will check with the City
of Savannah.
A discussion was held on the parking bids for the electronic arms. Crawford
moved that further information is needed before a decision can be made. Burke
seconded. Vote by Council was unanimous. Thomson noted that Parking Director
Frankie Conaway did a fine job gathering these bids.
Youmans moved to approve the GEMBS Insurance and Benefits for the
employee on second reading. Crawford seconded. Vote by Council was unanimous.
Youmans moved to approve the following alcohol beverage license renewals
with the same provision of a letter of reprimand and one year probation for those
caught in the sting operation: D.J. Lounge and Piano, 1513 Butler Avenue, Deborah
Johnson; Chu's Convenience Mart, 725 1st Street, John Hubert; Resourceful
Innovation Property DBA Tango, 1106 Highway 80, Timothy Savell. Crawford
seconded. Vote by Council was unanimous.
Thomson told Council he met with Eric Thomas, owner of Huc- A- Poo's, and
discussed the issues. A long discussion was held with Thomas, Council and input from
the audience. Crawford moved to approve the renewal with a report from Thomas
back to Council in 30 days concerning the buffer. Buelterman seconded. Vote by
Council was unanimous. Thomson to check with Bargeron on the fire- burning
ordinance as to how it applies to commercial districts.
Buelterman moved to go into executive session to discuss litigation and
personnel. Crawford seconded. Vote by Council was unanimous.
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Crawford moved to reconvene the regular meeting. Buelterman seconded. Vote
by Council was unanimous.
Buelterman asked if nameplates could be ordered for the Youth Council. It was
agreed that they could.
Thomson gave an update on the following issues: 1.) 25 year Stormwater
Management — talked with engineers and they said it is a very good idea. 2.) February 4,
2003 W/S Committee meeting to discuss CIP for this year — this can be contingent upon
the SPLOST of 2003. 3.) Will contact satellite companies by February 4. 4.) M.S.C. —
the service they provide is enough in exchange for rent. 5.) Drainage — Committee is
looking at 14th/15th parking lots. DNR/Solomon — drainage maintenance project — is an
issue — Crawford asked that Council be made aware of what DNR has to say — it is like a
tidal basin, mixes with rain water to cut down on the mosquitoes. 6.) Park of 7 Flags
taken care of tonight by Council. 7.) Gym — Council met with H.G.B & D eY at 6:30
P.M. tonight. 8. Coastal Grant $15,000 for snow fences — renegotiate funds for
crossovers. 9.) Meals on Wheels — there are grants from RDC — need specs to Teresa
Concannon in 30 days. 10.) GED — Contact person out of town. 11.) Mutual Aid —
purchasing — no problem city /county /state. 12.) Lifeguard certification — Chief Price is
going to Jacksonville to check on this. 13.) Downtown Development Authority — 30 day
time limit on information.
Barrow asked about the progress on the property on Highway 80 — survey?
Thomson answered he hears that Austin's will be difficult. Crawford said we are taking
about the Central of Georgia's right -of -way? Buelterman asked for a time line. Hughes
answered about 30 days for the process.
As there was no further business to come before Council the meeting was
adjourned.
Mayor Walter W. Parker
f
STATE OF GEORGIA )
COUNTY OF CHATHAM )
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (hereinafter referred to as
3 "
"this Agreement "), made and entered into this 'Ijday of
200, by and between Chatham County, a political
subdivision of the State of Georgia (hereinafter "County ") and the
City of Bloomingdale, a municipal corporation of the State of
Georgia, hereinafter called "Bloomingdale ", the City of Garden
City, a municipal corporation of the State of Georgia, hereinafter
called "Garden City ", the City of Pooler, a municipal corporation
of the State of Georgia, hereinafter called "Pooler ", the City of
Port Wentworth, a municipal corporation of the State of Georgia,
hereinafter called "Port Wentworth ", the Mayor and Aldermen of the
City of Savannah, a municipal corporation of the State of Georgia,
hereinafter called "Savannah ", the Town of Thunderbolt, a municipal
corporation of the State of Georgia, hereinafter called
"Thunderbolt ", the City of Tybee Island, a municipal corporation of
the State of Georgia, hereinafter called "Tybee Island ", and the
Town of Vernonburg, a municipal corporation of the State of
Georgia, hereinafter called "Vernonburg ", all of which are
collectively referred to as "Municipalities" and any one of which
is a "Municipality ".
W I T N E S S E T H:
WHEREAS, the 2000 General Assembly established a Greenspace
program outlined in O.C.G.A. § 36 -22 -1 et seq. administered by the
Georgia Department of Natural Resources (DNR) to encourage counties
of the state to establish programs with the goal of preserving 20%
of their area as open Greenspace for the general public welfare of
the state's current and future citizens; and
WHEREAS, subject to the preparation and adoption of a
Greenspace plan which complies with DNR's regulations for the
Greenspace program, it is the desire of the County and
Municipalities to continue unified planning and implementation of
the Local Greenspace Program.
WHEREAS, the Metropolitan Planning Commission (MPC)
coordinated the preparation of the Greenspace plan which has been .
adopted by the County and each of the Municipalities and which was
submitted to the DNR for review for Greenspace program compliance;
and
WHEREAS, it is the desire of the County and Municipalities to
enter into this Agreement for fiscal years 2003 and 2004 to
continue coordinating a unified planning and implementation of the
Local Greenspace Program.
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein, the parties agree as follows:
1. The County through the MPC shall be the coordinating body
responsible for the coordination and implementation of
the County and Municipalities unified planning and
implementation of the Local Greenspace Program.
2. The MPC shall be responsible to ensure that all
administrative filings and procedures necessary for
compliance of this program and acceptance of Greenspace
funds and programs from the Georgia Department of Natural
Resources (DNR) .
2
3. The County and Municipalities shall set as a goal the
desire of this program in preserving 20% of their area as
open Greenspace for the general public welfare of the
State's current and future citizens.
4. The Chatham County Finance Department shall provide
support necessary to the MPC in the management of an
account showing deposits and disbursements of income in
funds from the account known as the Community Greenspace
Trust Fund and shall describe the capital assets acquired
with the funds for the community Greenspace Program and
ensure that an audit of such account shall take place in
accordance with generally accepted governmental
accounting standards and such other audit requirements of
the DNR as applicable to the Greenspace Program.
5. The County and Municipalities adhere to ensure that the
terms of this Agreement shall cover a period of two years
and consistent with Georgia fiscal years 2003 and 2004
and adopt this period for the Agreement and agree to
transfer all remaining balances of the current Greenspace
Program to be carried forward under this Agreement and to
be disbursed under the terms and conditions of this
Agreement for the fiscal years 2003 and 2004.
6. All funds and grants from the State of Georgia in
accordance with the DNR regulations for the management of
the Greenspace Program shall be deposited into the
account designated by the County as the Community
Greenspace Trust Fund.
7. The County and Municipalities agree to form a Greenspace
Advisory Committee for purposes acting as an advisory
board pertaining to the recommendation and distribution
and allocation of funds from the Georgia Greenspace
Program. This body shall consist of the following
members: City of Savannah, 4 appointees, Chatham County,
4 appointees, all other municipalities, one appointee,
and said appointment shall be made by the elected body of
each participating jurisdiction. In addition to the
foregoing, the MPC may appoint five members to the
committee for additional support and services. The
Greenspace Advisory Committee shall identify and
prioritize sites for purposes of acquisition of
Greenspace. (Alternative consideration should be given to
a smaller number membership and committee).
8. The activities of this committee shall be advisory in
nature and shall not be binding upon the County or each
individual municipality. The MPC staff shall supervise
the Greenspace Advisory Committee and provide information
and support services necessary for the coordination of
meeting, related planning and administrative activities.
9. The County and Municipalities may make acquisitions that
benefit multiple jurisdictions and shall be allowed for
purposes of acquiring property to participate with other
Municipalities and County for joint funding projects.
10. All funds received from the State of Georgia under the
Greenspace Trust Fund are generally allocated to the
County and each Municipality based on the most recent
population estimates based on the US Bureau of the Census
for the annual estimate. Alternative could be method
specified in O.C.G.A. 36 -22 -4 (b) (1) by determining the
amount of property tax levy on a residential property and
determining the percentage of value of residential
property as to each municipality and unincorporated
Chatham County as to the value of the total residential
property within the County or the method specified under
the 90% Rule in O.C.G.A. § 36- 22- 4(3)(a) in which 90% of
funds would be deposited with the County and the
remaining 10% set aside for use by municipalities.
11. The County and each Municipality shall be responsible for
providing all information required by the State of
Georgia and DNR for the Georgia Greenspace Program to and
through the MPC and shall be responsible for assembling
the information to meet the requirements of the program.
The County and Municipalities may request the MPC to
provide assistance in the assembling of this information.
12. The County and Municipality may withdraw its
proportionate share of funds from the Greenspace Trust
Fund at any time for Greenspace acquisition by submission
of a letter of request containing information
demonstrating that the project contemplated to be
acquired will meet all the requirements of the Georgia
Greenspace Program and rules and regulations, including
but not limited to:
a. a physical description of the site to be acquired,
including acreage.
b. a certification statement that the site will be
permanently protected as Greenspace
c. a description of the mechanism of protection (e.g.
conservation easement)
d. a demonstration of sufficient funds to pay for all
unrelated costs associated with the acquisition of
such property
e. a valid and existing sales contract to acquire
property upon appropriate terms and conditions not
inconsistent with those required under the Georgia
Greenspace Program under the rules and regulations
of DNR.
f. date certain for acquisition with funds being made
available prior to the date certain.
13. The County and Municipality understand the costs
associated with Greenspace acquisitions for which the
State's Greenspace funds cannot be used, may include but
are not limited to fees, legal services, survey costs,
wetlands delineation, fees associated with the operation
and maintenance of property shall be the responsibility
of the jurisdiction that is acquiring the Greenspace and
shall provide to the MPC and Greenspace Advibory
Committee, such information as is necessary and
reasonable to demonstrate the ability to cover all costs
of acquisition that are not subject for use or
reimbursement of Greenspace funds granted by the State of
Georgia.
14. Should for any reason the County and Municipalities enter
into an Intergovernmental Agreement for the extension of
Special Purpose Local Option Sales Tax ( "SPLOST ") for an
additional five year program of 2003 through 2008, which
shall include a level of funding in the intergovernmental
agreement to budget for Greenspace in some specified
amount and such agreement be passed in a countywide
referendum and the signatories to this Agreement shall
mutually agree under such appropriate in terms and
conditions as then may exist to jointly exercise and
coordinate the use of the SPLOST funds in a manner so as
to leverage or increase the opportunity for the County
and Municipalities to receive greater state funding under
the Georgia Greenspace Program. The intent and purpose
of the language of this is to ensure that SPLOST
Greenspace funds are coordinated with any State funding
for Greenspace so as to maximize the method and manner by
which these funds could be used to acquire Greenspace
within various jurisdictions. (Alternative set budget
amount of SPLOST at 9 million as in the last Greenspace
plan.)
15. The parties agree that should any portion of this
intergovernmental agreement be inconsistent with State
law or DNR regulations that could affect the funding or
the receipt and use of funds from the State of Georgia,
that the parties will exercise their best efforts to
7
1
modify or amend this agreement to bring it in compliance
with the requirements of State law and DNR regulations
for the administration of this fund.
IN WITNESS WHEREOF, the County and Municipalities have caused
this Agreement to be duly executed by their proper officers and so
attested with their corporate seals affixed hereto in multiple
originals as of the date first written above.
BY:
ATTEST:
BY:
ATTEST:
BY:
CITY OF GARDEN CITY
ATTEST:
BY:
CITY OF POOLER
ATTEST:
8
BY:
CITY OF PORT WENTWORTH
ATTEST:
BY:
MAYOR AND ALDERMEN OF THE CITY
OF SAVANNAH
ATTEST:
TOWN OF THUNDERBOLT
BY:
ATTEST:
CITY OF TYBEE ISLAND
BY:
BY:
ATTEST:
9
TOWN OF VERNONBURG
1
RESOLUTION
WHEREAS, the City of Tybee Island is a duly incorporated municipality in the state of
Georgia being vested with all powers for a city to have under the present or future
Constitution and laws of the state of Georgia; and
WHEREAS, the duly elected governing authority of the City of Tybee Island, Georgia
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of
Georgia to adopt reasonable ordinances to protect and improve the public health, safety,
welfare, and aesthetics of the citizens of the City of Tybee Island, Georgia; and
WHEREAS, the Department of Transportation is in the process of developing plans to
four lane Highway 80 as it approaches City of Tybee Island, including the Lazaretto
Creek Bridge; and
WHEREAS, the area to the west of the City of Tybee Island located on the McQueen's
Island contains a bike trail, which would be beneficial and attractive to the public if
extended onto the City of Tybee Island; and
WHEREAS, the City of Tybee Island would like to express its support for
extension of the bike trail for reasons of public safety, health and the general welfare of
the citizens of the City of Tybee Island as well as to promote tourism thereto;
NOW THEREFORE BE IT RESOLVED BY the Mayor and Council of the City of
Tybee duly assembled that the City of Tybee Island hereby expresses it support for
the extension of the bike trail leading toward the City into the City and therefore request
that the State of Georgia through the Department of Transportation extend the bike lane
as a segregated lane when widening the highway and the Lazaretto Creek Bridge so that
continuous bike travel to the City is possible in a safe manner.
I
f
Adopted this 9th day of January 2003.
ayor Walter W. Parker
1
WHEREAS,
WHEREAS,
WHEREAS,
R E S O L U T I O N
The City of Tybee Island is scheduled to hold a
municipal election on Tuesday, November 4, 2003; and
For the past twenty -one years the City has contracted
with the Board of Elections of Chatham County to
superintend all municipal elections held within this
City; and
It is the opinion of the elected officials of the City
of Tybee Island that the Chatham County Election Board
has preformed these duties in a superior manner, giving
excellent, impartial service to the citizens of Tybee
Island:
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY
THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND IN OPEN
MEETING ASSEMBLED THAT THE BOARD OF ELECTIONS OF CHATHAM
COUNTY BE INVITED TO SUPERINTEND THE CITY'S UPCOMING
ELECTION AND THAT THE BOARD ALSO SUPERVISE THE PREPARATIONS
FOR SAID ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003.
Adopted this 23rd of January 2003.
(7i)11 Clerk of •Council, jrb
Mayor Walter W. Parker
AN ORDINANCE
To subscribe to a plan of employee benefits offered through the Georgia Municipal
Employees Benefit System (GMEBS) for employees of the City of Tybee Island; to provide an
effective date for the provision of employee benefits; to repeal conflicting ordinances; and for
other purposes.
Be it resolved by the Georgia Municipal Association:
Section 1. Pursuant to Section 47 -5-40 of the Official Code of Georgia Annotated, the
City of Tybee Island hereby subscribes to a plan of employee benefits consisting of group health,
dental, and life and accidental death insurance offered through the Georgia Municipal Employees
Benefit System. Said benefits shall be provided to eligible employees and dependents as defined
by the insurance carrier under Policy Numbers 1016955, 1002814, and 1005551 (health) issued
by Blue Cross Blue Shield of Georgia (or successor), and Policy Number 80338 (Life &
AD &D) issued by Greater Georgia Life Insurance Company (or successor) to the Georgia
Municipal Employees Benefit System. The Georgia Municipal Association agrees to include
only qualified active employees of the City of Tybee Island, on the original census of
participants and on participant enrollment forms provided to GMEBS. The Georgia Municipal
Association subscribes to the PPO 90/80, PPO 80/60 and the HMO Plans.
Section 2. The Georgia Municipal Association agrees to remit to GMEBS the monthly
contributions necessary to keep in force the coverage provided. Such contributions shall be due
and payable on the first day of each month and late fees or charges, as established by the
GMEBS Board. of Trustees, shall be collected on any contributions not received by the fifteenth
day of each month. The Georgia Municipal Association agrees to provide 30 days advance written
notice to GMEBS of its intent not to continue participation in the employee benefit program.
Section 3. The plan year for the provision of employee benefits offered by the
Georgia Municipal Association to its employees shall begin on the first day of.Eeb a)'
2003 with the next renewal plan year beginning on the first day ofreary; 2004. The
renewal date in succeeding years to be established by GMEBS in accordance with its
operating rules and regulations.
Section 4. All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed.
APPROVED by the Executive Director of the Georgia Municipal Association this
day of 2003.
Mayor
(GMASEAL)
1
STATE OF GEORGIA
COUNTY OF CHATHAM )
AI+'N"DAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized to
administer oaths, , 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 J / u st al,. 7.3 , 2003.
(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
,era? , 2003, which was closed for the purpose(s) of
aJaa% as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to
matters within those exceptions and as provided by law.
(4) Any unrelated matters which were mentioned or attempted to be offered for discussion
during the closed portion of the meeting were ruled out of order and not discussed.
(5) This affidavit is being executed for the purpose of complying with the mandate of
0.0.G.A. ' 50- 14 -4(b) that such an affidavit be executed.
This _ day of , 2003.
Sworn to and subscribed
before me this 'Z 3 day
of jot-t...." a , 2003.
g. \common \emh \14536\aday.02
Mayor/Presi • ' g Officer
I do solemnly swear that I will faithfully perform the duties of the Planning
Commission of the City of Tybee Island and that I will support and defend
the Charter and Land Development Codes thereof as well as the Constitution
and laws of the State of Georgia and of the United States of America so help
me God.
t( --%<- 4_1 I/ /1 1/4--(364)
Lawanna Tsoulos
Mary Fen Butler
Paula Devivo
Terms to expire on January 31, 2005
Administered the 18th day of February 2003.
Walter W. Parker, Mayor
Bank of America.
BANK OF AMERICA, N.A. (THE "BANK ")
Certified Copy of Corporate Resolutions - Opening
and Maintaining Deposit Accounts and Services
Name of Corporation City Of Tybee Island Water & Sewer System Revenue Bond Sinking Fund Debit Service Account
I, the undersigned, hereby certify to Bank Of America, N.A.
that I am the Secretary/Assistant Secretary and the designated keeper of the records and minutes of January 23, 2003
of the Tybee Island City Council , duly organized and existing under the laws of the
State of GA (the "Corporation "); that the following is a true copy of resolutions duly adopted by the Board of
Directors of said Corporation at a meeting duly held on the 23rd day of January , 2003 , at which a quorum was present and acted
throughout or adopted by the unanimous written consent of the Board of Directors; and that such resolutions are in full force and effect and have not been amended
or rescinded.
1. Resolved, that Bank Of America, N.A. (the "Bank") is hereby designated
as a depository of the Corporation and that deposit accounts and/or time deposits (CDs) be opened and maintained in the name of this Corporation with Bank in
accordance with the terms of the Bank's Deposit Agreement and Disclosures and the applicable rules and regulations for such accounts; that any one of the
following officers or employees of the Corporation (Insert titles, not names):
Title
Title
Title
City Manager
Title
Title
is hereby authorized, on behalf of this Corporation and in its name, to execute and to sign any application, deposit agreement, signature card and any other
documentation required by Bank to open said accounts; to sign checks, drafts, notes, bills of exchange, acceptances, time deposits (CDs) or other orders for payment
of money; to endorse checks, drafts, notes, bills, time deposits (CDs) or other instruments owned or held by this Corporation for deposit with Bank or for collection
or discount by Bank; to accept drafts, acceptances, and other instruments payable at Bank; to place orders with Bank for the purchase and sale of foreign currencies
on behalf of this Corporation; to execute and deliver an electronic fund transfers agreement and to make transfers or withdrawals by electronic transfer on behalf of
the Corporation; to obtain an access device (including but not limited to a card, code, or other means of access to the Corporation's accounts) that may be used for
the purpose of initiating electronic fund transfers [Corporation agrees and acknowledges that neither the Electronic Funds Transfer Act (15 U.S.C. 1693 et seq.) nor
Regulation E (12 C.F.R. Part 205) are applicable to any such access device]; to establish and maintain a night deposit relationship; to execute and deliver a wire
transfer agreement and to request, or to appoint or delegate from time to time such persons who may request, wires of funds; to enter into any agreements with the
Bank for the provision by Bank of various Treasury Management services to this Corporation as such officer or employee may determine, in his or her sole
discretion, and to sign any and all documents and take all actions required by Bank relative to such Treasury Management services or the performance of the
Corporation's obligations thereunder, and that any such Treasury Management agreement(s) shall remain in full force and effect until written notice to terminate
given in accordance with the terms of any such agreement shall have been received by Bank and that such termination shall not affect any action taken by the Bank
prior to such termination; to rent or lease a safe deposit box from Bank, to execute the rental agreement or lease, to enter the safe deposit box and to terminate the
rental agreement or lease; to take whatever other actions or enter in to whatever other agreements relating to the accounts or investment of funds in such accounts
with Bank and to execute, amend, supplement and deliver to Bank such agreements on behalf of the Corporation upon such terms and conditions as such officer or
employee may deem appropriate and to appoint and delegate, from time to time, such person(s) who may be authorized to enter into such agreements and take any
other actions pursuant to such agreements in connection with said accounts that the officer or employee deems necessary; and to waive presentment, demand,
protest, and notice of protest or dishonor of any check, note, bill, draft, or other instrument made, drawn or endorsed by this Corporation; and
2. Further Resolved, that the Bank be and is hereby authorized to honor, receive, certify, pay or exchange for money orders or other instruments all instruments
signed in accordance with the foregoing resolutions even though such payment may create an overdraft or even though such instruments may be drawn or endorsed to the
order of any officer or employee signing the same or tendered by such officer or employee or a third party for exchange or cashing, or in payment of the individual
obligation of such officer or employee, or for deposit to such officer's or employee's personal account and Bank shall not be required or be under any obligation to
inquire as to the circumstances of the issuance or use of any instrument signed in accordance with the foregoing resolutions or the application or disposition of such
instrument or the proceeds thereof; and, further, that the Bank is authorized to honor any instructions regarding withdrawals, orders for payment or transfer of funds
whether oral, by telephone or electronic means if such withdrawal, orders or transfer are initiated by an above authorized officer or employee; and
3. Further Resolved, that the Bank be and is hereby requested, authorized and directed to honor and to treat as authorized, checks, drafts or other orders for
the payment of money drawn or purportedly drawn in this Corporation's name, including those payable to the individual order of any person whose name appears
thereon as signer thereof, when bearing or purporting to bear the facsimile signature of an officer or employee authorized in the foregoing resolutions and Bank shall
be entitled to honor, to treat as authorized, and to charge this Corporation for such checks, drafts, or other orders regardless of by whom or by what means the actual
or purported facsimile signature thereon may have been affixed thereto, if such signature resembles the facsimile specimen duly certified to or filed with the Bank by
the Secretary or Assistant Secretary or other officer of this Corporation or if such facsimile signature resembles any facsimile signature previously affixed to any
check, draft, or other order drawn in the Corporation's name, which check, draft, or other order was accepted and paid without timely objection by the Corporation,
thereby ratifying the use of such facsimile signature; and the Corporation hereby indemnifies and holds the Bank harmless against any and all loss, cost, damage or
expense suffered or incurred by the Bank arising out of or in any way related to the misuse or unlawful or unauthorized use by a person of such facsimile signature;
and
00- 14- 9012MW 06 -1999 Page 1 of 2
4. Further Resolved, that endorsements for deposit may be evidenced by the name of the Corporation being written or stamped on the check or other
instrument deposited, without designation of the party making the endorsement, and Bank is authorized to supply any endorsement on any instrument tendered for
deposit or collection; and
5 Further Resolved, that the Secretary or Assistant Secretary of this Corporation shall certify to Bank names and signatures of persons authorized to act on
behalf of this Corporation under the foregoing resolutions and shall from time to time hereafter,.as changes in the identity of said officers and employees are made,
immediately report, furnish and certify such changes to Bank and shall submit to Bank a new account signature card reflecting such change(s) in order to hake such
changes effective and Bank shall be fully protected in relying on such certifications and shall be indemnified and saved harmless from any claims, demands,
expenses, losses, or damages resulting from, or growing out of, honoring the signature of any officer or employee so certified, or refusing to honor any signature not
so certified; and
6. Further Resolved, the foregoing resolutions shall remain in full force and effect and the authority herein given to all of said persons shall remain
irrevocable as far as Bank is concerned until three (3) business days after Bank is notified in writing of the revocation of such authority and that receipt of such
notice shall not affect any action taken by said Bank prior thereto; and
7. Further Resolved, that all transactions by any officer or employee of this Corporation on its behalf and in its name with Bank prior to the delivery to Bank
of a certified copy of the foregoing resolutions are, in all respects, hereby ratified, confirmed, approved and adopted; and
8 Further Resolved, that the Secretary or Assistant Secretary be and hereby is, authorized and directed to certify these resolutions to said Bank and that the
provisions hereof are in conformity with the Charter or Articles of Incorporation and Bylaws of this Corporation and that the Secretary or Assistant Secretary be, and
hereby is, authorized and directed to certify, from time to time hereafter, the names of the holders of the above authorized titles and their signatures on any signature
card or other documentation required by said Bank.
In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this Corporation, this day of,
(Corporate Seal)
Bank Information
t Secretary
IDate: 1 / 16 / 2003
Banking Center Name: Premier Banking
Associate's Name: Lisa Elkins
Associate's Phone Number: 912 . 353 . 3972
Page 2 of 2
" B a n k o f i l m e
B A N K O F A M E R I C A , N . A . ( T H E " B A N K " )
. C D D e p o s i t
R e c e i p t
C u s t o m e r l a i h m o s e t i o n
A c c o u n t ' T 1 t l e * C I T Y O F T Y B E E I S L A N D G E O R G I A
S o c i a l S e c u r i t y N u m b e r / E m p l o y e r T d u i t i f c a t i o n N u m b e r 5 6 - 6 0 0 0 6 6 1
A d d r e s s
A T T N : F n a c e D e a r t m e n t
P 0 B O X 2 7 4 9
C i t y T Y B E E I S L A N D S t a t e G A Z i p C o d e 3 1 3 2 8 - 2 7 4 9 C o u n t r y
* I n d i c a t e s t h a t t h e n a m e d p a r s o n ' s N a m e a n d S o c i a l S e c u r i t y N u m b e r / E m p l o y e r I d e n t i f i c a t i o n N u m b e r w i l l b e u s e d f o r I R S T a n R e p o r t i n g p u r p o s e s .
A m o u n t I n h u m a t i o n
A c c o u n t N u m b e r 0 9 1 0 0 0 0 4 4 6 4 4 7 7 4 D e p o s i t D a t e 1 0 / 2 2 / 2 0 0 2
D e p o s i t A m o u n t $ 3 0 0 0 0 0 . 0 0
T e r m
1 2 0 M o n t h s
A n n u a l P e r c e n t a g e Y i e l d - 4 . 6 1 %
M a t u r i t y D a t e 0 / 2 2 / 2 0 1 2
I n v e s t m e n t T y p e P u b l i c F u n d s
I n t e r e s t R a t a 4 . 5 2 0 0 0
C o m p o u n d F r e q u e n c y M O N T H L Y
I n t e r e s t P a y m e n t i n f o s m a t i o s
D a t e o f F i r s t P a y m e n t P a y m e n t F r e q u e n c y M e t h o d R e i n v e s t
( C o m p l e t e i f m e t h o d i s t r a n s f e r / d e p o s i t ) :
A c c o u n t T y p e A c c o u n t N u m b e r
R o u t i n g T r a n s i t N u m b e r
T h i s t i m e d e p o s i t i s t r a n s f e r a b l e o n l y o n t h e r e c o r d s o f t h e B a n k . S e e y o u r D e p o s i t A g r e e m e n t a n d D i s c l o s u r e s a n d y o u r S c h e d u l e o f F e e s f o r
i n f o r m a t i o n r e g a r d i n g e a r l y w i t h d r a w a l p e a l t i e s , f e e s a n d o t h e r d i s c l o s u r e s .
C u s t o m e r ' s S l s a a t a r e
I S a u k l n f o s m a t l o s a
' h a c k Y o u f o r B a n i d i + e g W i t h U s !
D a t e { 1 3 0 t ' '
D a t e 1 0 / 2 2 / 2 0 0 2
B a n k i n g C e n t e r N a m e S A V A N N A H P R I M E R B A N K I N G
A s s o c i a t e ' s P h o n e N u m b e r 9 1 2 4 5 3 4 9 7 5 A s s o c i a t e ' s N a m e L I S A C E L K ] N S
9 5 4 4 : 9 0 2 9 1 1 0 4 . 2 0 0 2 N G A
Bank ofMierica
BANK OF AN.KRICA, N.A. (TId E "BANK ") Account, Opening Deposit Receipt
Thank Yen For Baulking With Uzi
•
Items deposited into your account are subject to verification. If you make a deposit on a weekend/federal holiday or after banking center's posted
cutoff it will be posted to your account on the next business day. Deposited fonds will be available on the first business day after the day of your
deposit, unless otherwise noted below.
$ * available
Date 10/22/2002
Time
* available
14:20
Amount Type BUSINESS INTEREST MAXIMIZER Account Number 0032 7556 1563
Total Amount of Deposit
$24,000.00
We are delaying the avisaalsility of $ 0.00
These fun& will be available ' .
We are taking this action because:
0 Your account is a new account, open 30 days or less, and you have had no other cherlring accounts with us within the last 30 days.
E] The checks you deposited on today's business have exceeded $5,000.00.
OYou have overdrawn your account repeatedly in the last six months.
0 A check you have deposited wan previously unpaid.
We have confidential information that indicates that a check you have deposited may not be paid.''
0 We are unable to verify the endorsement of ajoint payee.*
0 Some information on a check you have deposited is not consistent with other information on the check.*
0 There are erasures or other apparent alterations on a check you have deposited.*
0 A check you have deposited is postdated or has a stale date."
❑ Information from the paying bank indicates that a check you have deposited may not be paid.*
0 The routing number of the paying bank is not a current ronthie number
❑ We have 'been notified that a check you have deposited has been lost or damaged in collection.*
Other (be.specifia)*
*If you did not receive this notice at the time you made the deposit and the check you deposited is paid (not
returned to us), we will refund to you any bank fees we charge hr overdrafts or returned checks that result
solely from the additional delay we are imposing. To obtain a refund of such fees, contact your local banking
center.
Approval Signature (r squired. If reason for hold is "Other ")
Data
IBank Infonnatiosa
Banking Center Nanse SAVANNAH 'P. Rk'MT E BANKING
Assodate's Name LISA C ELK NS
Associate's Phone Number 812 - 38339 78
Date
NGA
00.148106M 64899
1.0/22/2002
Danko!Am
Business
BANK OF AMERICA. N.A. (TIM "BANK ") Signature Ca rvi
Amount Number
Account Type
Account Title
003275561563
BUSINESS INTEREST MAXIMIZER
CITY OF TYBEE ISLAND GEORGIA
0 Temporary Signature Card
Tax Identification Number 58 -6000661
By signing below, Uwe agree that this account is and shall he governed by the terms and conditions set forth in the following documents, as amended from time to
time: (1) the Deposit Agreement and Disclosures, (2) the Business Schedule of Fees, and (8) the Miscellaneous Fees for Business Accounts, and Uwe farther
acknowledge the receipt of these documents. By signing below, I/we certify (1) that all of the below named person(s) are those persons currently empowered to act
under the resolutions and/or court documents and/or other agreements authorizing this account, (2) that the specimen signatures set forth opposite the name of each
person is true and genuine and (8) the Substitute Portia W9 certification.
Substitute Form W -9. Certification - Under penalties of perjury, I Certify Matt
(1) The number shown on this form is the correct taxpayer identification number (or I am waiting for a number to be issued to
me), and (2) d are not subject to bacdarp withholding because: (A) I am exempt from backup withholding, or (6) I have not been
notified by the Internal Revenue Service (IRS) that I am subject to hookup withholding as a result of a failure to report all
interest or dividends, or (C) The IRS has notified me that I am no longer subject to backup withholding, and (21) I am a U.S.
portion (Including a U.S. resident alien).
Cerificutlon instructions
You must arose out item (2) above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or
dividends on your tax return. (See also IBS instructions for Form W -9).
QExempt (check if applicable)
The Internal Revenue Service does not require your consent to any
provision of this document other than the certifications required to avoid
backup withholding.
Name Owed or printed) e (If li. e)
i Walter W. Parker Mayor
;2 Wafter Crawford Mayor Pro Tem'
I S
bib ert $. Thomson City Manager
4.
5
ATNititeposit/Cheok Card.Request
Provided that the account referenced above is eligible to receive automated teller machine cards and/or Check Cards, I (as authorized by the
resolutions and/or court documents and/or other agreements which authorize this account) hereby request the issuance of such cards to any of the
authorized signers on this account.
Signature
Title
Bunk lefersr®tiou
Customer 1
Name CTTY OF TYBEE ISLAND GEORGIA
Review Information
Customer 2
Name
Review Information
Date 10/22/2402
Banking Center• Name SAVANNAH PRIMMER BANKING
Associate's Name LISA C ELKINS
Associate'$ Phone Number 912.3584915
NGA
1044.9004M 1284001
Substitute..
Perm W..9
Book Use only
Account Type
FIXED TERM CD
City
SAVANNAH
Request for Taxpayer
. Identification Number and Certification
Account Number •
091000044644774
Pert IA Taxpayer Identification Number (TIN)
586000661
Give This Perna to
the Requester.
Ito NOT suer to IRS.
•
Name as shown on account (If joint account, list first and circle the name of the
person or entity whose TIN is in Part IA or IB. See instructions under."Nane" on
page 2 if your name has changed. CITY OF TYBEE ISLAND GEORGIA
Banking Center
•
SAVANNAH PREMIER BANKING
Employee
USA C ELKINS
Extension
Check appropriate bons ❑ Individual/Sole Proprietor
Address.
ATTN: TANYA PYE/BILL FARMER
P 0 BOX 274.9
City, State, Zip Code
TYBEE ISLAND
❑ Corporation ❑ Partnership
PART l Toonefor Identitimation liensber • If not provided or innerrect in Pmt IA
GA 31328 -2749
0 Other
Pmt IS Enteryaur TiN in the appropriate box. For individuals this is your social security number (SSN).
Newsier, f r er reciter alien, sole proprietor, or sisregordesi entity, see the Port .1
instroatious an page 2. For other entities, it is your employer identification number (EIN). If you do not
have a numbs, sea now to get so TIN on page 2. Notes If the account is in more than one name, see chart
on page 2 for /Melanie on whose number Social Security Number _ Employer Identification Number
to ants.
PART U Per 'Payees; Stumpf From
■aalcup Withholding
(See instrustlens on page 2)
PART UUI Cer•s
Under penalties of perjury, I certify that:
(1) The numixr shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
(2) I am not abject to backup withholding because: (a) I am exempt from backup withholding, or (h) I have not been notified by the Internal Revenue Service
(IRS) that I am sow to backup withholding as a result of a failure to report all interest or dividends, or (m) the IRS has notified me that I am no longer subject to
backup withholding, end
(3) I am a U.B. person (including a U.S. resident alien).
. Cei3 Eamlion Instnontions • You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real Mate transactions, item 2 does not apply. For mortgage interest paid, acquisition or
abandonment of seeuredproperty, canoe - contributions to an individual retirement arrangement ( IRA), and generally, payments other than interest
and dividends, yen are not required to =, gn the .. cation, but you must provide your correct TIN. (See the instructions an page 2.)
SI"
nem
of U. S.
Date
Perpens si .
A person wise is required to file an
information return with the IRS must get
your cared taxpayer idesrtiSeation number
(TIN) to report, for example, income paid to
you, reel estate transactions, mortgage
interest you paid, acquisition or abandonment
of secured property, cancellation of debt, or
coataibutions you made to an IRA. .
Use Porsrt WS ealy N you nre a
U. S. pets= (inducing a resident alien).
to give your Caned TIN to the person
requesting it (the requester) and, when
apgiiaable•
1. Certify the T1N you are giving is
correct (or you are waiting for a number to be
issues,
2. Certify you are not subject to backup.
withholding, or
3. Claim exemption from backup
withholding Hyatt are a U.S. exempt payee.
N you inn a forsigts Person use
the aippts Form W.B. See Pah.
615, Withholding of Tan on Nonresident
Aliens and Foreign Corporation.
Notes If a rayoestorgives you a form other
tJirmr
Parrs W- to roguing your TIN, you must
use tine *nester's form if it is substantially
similar to this Pan n.
Whot is Bookup Withholding?
Persons making certain payments to you must
withhold and pay to the IRS 81% of such
payments under certain conditions. This is
called "backup withholding." Payments that
may be subject to backup withholding include
interest, dividends, broker and barter
exchange transactions, rents, royalties,
nonemployee pay, and certain payments from
fishing boat operators. Real estate
transactions are not subject to backup
withholding.
If you give the requester your correct TIN,
make the proper certifications, and report all
your taxable interest and dividends on your
tax return, payments you receive will not be
subject to backup withholding. Payments
you receive win he sables* to
bessinqs withholding ifs
1. You do net f rnish your TIN to the
requestor,or,
2. You do not certify your TIN when
required (see the Part III instructions on page
2 for details), or •
3. The IRS tells the requester that you
furnished an incorrect TIN, or
4. The IRS tells you that you are subject
to backup withholding because you did not
report all your interest and dividends on your
tub return (for reportable interest and
dividends only), or
.5. You do not certify to the requester that
you are not subject to backup withholding under
4 above (for reportable interest and dividend
accounts opened after 1888 only).
Certain payees and payments are exempt
from backup withholding. See the Part It
instructions and the separate hustrudions for
the Requester of Firm WS.
Penalties. •
Failure to inesish 11h1.. Rpm fail to furnish
your correct TIN to a requester, you are•subject to
a penalty of $50 for each such failure unless your
failure is due to reasonable cause and not to
willful. neglect.
Cavil penalty for false hsfessontion with
respect to. withholding. If yin make a
false statement with no reasonable basis that
results in no backup withholding, you are subject
to a $500 penalty.
Criminal penalty for falsifying
Information. Willfully falsifying
certification or affirmations may subject you to
criminal penalties including fines and/or
imprisonment.
Itlisaose of 4INs. If the requester discloses or
uses TINS in violation of Federal law, the
requester may be subject to civil and criminal
penalties.
Form W.S (Rev. 12.2000)
II. Bas®aess Aunt
Fig CITY`OF TYBEE ISLAND WATER &SEWER
Account SYSTEM REVENUE BO D SINKi1&G FUND
Title: DEBT SERVICE ACCOUNT
I/We (jointly and severally, "I") request overdraft protection as follows:
From 0032 7556 1563
Account Number
To 0002 0001 4373
Account Number
To
To
Account Number
BUSINESS INTEREST MAXIMIZER
Funding Account
ANALYZED BUS INTRST CHKG
Funded Account
Funding Account
Account Number Funded Account
Ihereby authorize BANK OF AMERICA, N.A. (the "Bank ") to automatically transfer from a "Funding Account" such
amounts as are available and necessary to cover items drawn on a "Funded Account". I agree and direct that the fee for each transfer be charged
to the Funded Ate. I understand that, under federal law, I am limited to six (6) pre - authorized transfers from my savings account and Money
Market Savings per monthly statement cycle. I understand that transfers made in accordance with this Authorization are counted toward that
limit and if exceeded, federal law requires the Bank to take the actions described in the Deposit or other Agreement which covers these accounts.
If the Funding Account is.a line of credit or credit card, I understand that each transfer from the Fiindiig Account will constitute an advance
under the line of credit or credit card account and I promise to repay the advance in accordance with the terms of the line of credit or credit card
agreement.
The Bank shall not be obligated to make, but may make, a transfer that would result in the Funding Account being overdrawn or over the credit
limit (if a line of credit or credit card account).
I understand that any garcon authorized to make withdrawals from or create debits on the Funded Account may access the Funding Account; i.e.,
a person can maks atrgnsaction that exceeds the available balance on a Funded Account and cause an advance on the Funding Account. Also, if I
give an ATM access oai i or other device or code to a person who is or is not an authorized signer on the Funded Account, that person may be able
to use the card, device , code to obtain an advance on the Funding Account without making a transaction directly on the Funding Account, and I
agree that such an advance shall be deemed fully authorized by me, whether or not that person is a party obligated to pay for the Funding
Account.
The Bank reserves the right to terminate or modify the terms of this Authorization for any reason without prior notice. I understand that tithe
Funded Account or•Funding Account is blocked or suspended from use, is closed or converted to an account.not eligible to be a. Funded Account or
Funding Account (as determined by the Bank), this Authorization and Overdraft Protection will terminate without notice.
If I have vorbally or ethertvlse requested Overdraft Protection for, o Fronded Account and do not sign this
Authorization, I understand and agree to the followings -
® This AuthorhawBon is a verification of any request, and is as folly binding 'woo name as If I had signed it, until
such time as I may notify the Bank of any iescission or Ottalificalthan of this Aintherization and
the Banda hue had a reasonable thaw to act upon such rescission or ns
o
Tao not have to cigar this Autheriaation for Overdraft to ham. effective. This Authorization be
effective open the Bank's receipt of nay verbal ins oeos.
e *any correct, I moll issanediettely notify the Bank of the error and provide correct
info ,-:, again.
Associate's Name T TcA C NUMB
Associate's Phone Number 9=459 -3975
Date 10/22/2002