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20130926CityCouncilPacket2
Table of Contents 000_000_20130926Agenda 1 050_010_20130912CityCouncilMinutes3 4 050_011_20130917CityCouncilMinutes 20 070_010_fi re 23 070_020_Update - D. Otto BW-12 28 070_030_Policy for Overtime and Comp Time Sept 2013 52 070_031_33-2013 - Overtime and comp time ord - 09 18 13 55 070_041_DDA-MS 9-26-13CCAR 57 070_042_Agenda Request for 9-26-13 63 070_060_Clk_tybee tourism 64 090_020_Tybee Pirate Fest 2013 83 100_010_Agenda Request - Buza Donation of Land to City Request 86 100_011_Buza letter-donate property to City 87 100_020_Final FY2013 General Fund Operating and Capital Budget for yearend adjustments 90 100_030_Scan 09262013 Agenda Write-Off 16138 Note Receivable - Tybee Theater 95 100_040_scan 09262013 Agenda Write Off 17983 of W&S and Sanitation Fees 96 100_050_Agenda Request - Trash Cans and Big Belly for South End Distric 101 100_051_cost comparison revised 102 Sheetl 102 100_052_cost comparison revised (3) 103 Sheetl 103 100_053_Big Belly Solar Information repeat 104 Big Belly Solar Information 104 BBS_Price_List 104 BBS_Customization_Price_List 106 ServicePack-1-pager Rev May6-2013 107 BBS_Streets 108 BBS_Parks 110 DouglasCountyParks_case_study 112 cost comparison Sheetl 100_060_Agenda Sept 26 2013 Legal Expense 113 100_070_Agenda Sept 26 2013 for FY13 Splost 2008 Fund 320 Budget Amendment 114 100_080_Agenda Sept 26 2013 for FY13 Hotel-Motel Fund Budget Amendment 115 100_090_Agenda Request - H &T Engineering for Sewer Force Main #6 116 100_091_Thomas & Hutton - Force Main # 6 Engineering Services 117 100_100_River's End Campground Funds Budget 121 120_010_Short Term Work Program Update 9.26.13 amended 123 130_010_2nd Reading Ord 32-2013-A-1 Teresa Ln-Byers St rezoning 132 140_021_Indigent Services Agreement with Coolidge - 09.13.13 148 140_022_Ante Litem Notice - 09.03.13 - scan 152 140_023_lease 9-19-13 154 140_040_Task Order Memorandum No 2013_01 175 140_041_2013_Tybee Island_Task Order Descriptions_3 September 2013 176 150_010_Action Item List - September 2013 179 160_010_CRC_M i nutes_August_2013 180 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL SEPTEMBER 26, 2013 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Father Thomas Peyton Pledge of Allegiance IV. Recognitions and Proclamations 1 Employee of the Quarter, Cory Lauber, Crew Leader for Public Works Construction Crew 2 Johnny Hosti, Communications Officer, Police Department (18 1/2 years of Service) 3 Jill Hanie, Recognition of Tybee Island Fire Department, Tybee Island Police Department and Ocean Rescue V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Meeting Minutes, September 12, 2013 2 Special City Council Meeting Minutes, September 17, 2013 VI. Consideration of Boards, Commissions and Committee Appointments VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Chief Sasser, Fire District Report 2 Dianne Otto — Planning Commission and the Biggert-Waters Flood Insurance Reform Act 3 Janice Elliott — Employee Comp Time Draft Changes to the Ordinance for Consideration 4 Chantel Morton — a) Downtown Development Authority as requested: Tybee Island Main Street b) Consideration: Local Requests &Applications — Funding, Special Events, Alcohol License. Revised Special Event Application for consideration 5 Monty Parks, Community Day, September 29, 2013 6 Tybee Island Tourism Council Quarterly Report VIII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. IX. Consideration Local Requests &Applications-Funding, Special Events, Alcohol License 1 Alcohol License Request— Special Event— Beer and Wine; Tybee Pirate Fest: October 10 — 13, 2013 X. Consideration of Bids, Contracts, Agreements and Expenditures 1 Donation of Land Request to City of Tybee Island: Dr., Dora & Laura Buza — Miller Avenue 20130926CityCouncilPacket Page 1 of 181 20130920/jrl 2 To obtain the City Council's approval to amend the FY2013 General Fund Operating and Capital Budget for yearend adjustments 3 To request the City Council's approval to write-off 25% of the $64,550 Notes Receivable due from Post Tybee Theater as bad debt, effective June 30, 2013 4 To request the City Council's approval to write-off$17,983.62 as bad debt expense for 52 customers non-payment of sanitation and water & sewer fees, effective as of June 30, 2013 5 Propose purchasing 6 garbage cans with cigarette dispensers and one Big Belly Compactor for the South end Business District. Locations are indicated in exhibits. Cost for 6 heavy duty teal colored garbage cans with cigarette dispensers in $7,602.72 and one 160 gallon single station Big Belly Compactor is $2,995 for a total of $10,597.72. To purchase at this time would require approval and a budget amendment by city council from contingency to public works small equipment — 100- 1565-52-2203. 6 To request the City Council's approval to transfer $20,000 from the General Fund contingency fund line item into the Human Resources Department budget 7 To obtain the City Council's approval to amend the FY2013 SPLOST 2008 Fund Budget by a decreasing the revenue $20,490.88 8 To obtain the City Council's approval to amend the FY2013 Hotel-Motel Special Revenue Funds Budget by an increase of $80,000 9 Proposed Thomas & Hutton Engineering Proposal for Sewer Force Main #6 — Not to exceed $45,000. 10 To obtain the City Council's approval to establish a budget for the FY2013 River's End Park Funds Budget in $1,062,523.76 XI. Consideration of Approval of Consent Agenda XII. Public Hearings 1 Short Term Work Program Update XIII. Consideration of Ordinances, Resolutions 1 Second Reading, 32-2013A-1, Section 13-015. Zoning map amendment (between Teresa Ln. and Byers St.). XIV. Council, Officials and City Attorney Considerations & Comments 1 Jason Buelterman a) Cooperative Arrangement with Georgia Forestry to assess overhanging tree branches on roadways b) Smoking rules adjacent to YMCA and fire department c) Sidewalks from 18th — 19th Street 2 Bubba Hughes a) Indigent Defense Agreement b) Chism Ante Litem Notice c) Don Montgomery —judge pro tem d) Marine Science Center lease 3 Wanda Doyle a) Public Safety Building update 20130926CityCouncilPacket Page 2 of 181 20130920/jrl b) Update on signage on Highway 80 4 Paul Wolff a) Motion from Beach Task Force Meeting 5 Tom Groover a) Doyle Landscaping 6 Diane Schleicher a) Report on executed contracts received from the south-end business owners for the upcoming event, Sponge Bob 2: Movie XV. City Managers Report 1 Action Item List XVI. Minutes of Boards and Committees 1 CRC August minutes XVII. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XIX. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda,other than public hearings,should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.cityoftybee.orq. ji THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." S THE MISSION OF THE CITY OF TYBEE ISLAND "is to provide a safe,secure and sustainable environment by delivering superior services through responsible planning,preservation of our natural and historic resources,and partnership with our community to ensure economic opportunity,a vibrant quality of life,and a thriving future." 20130926CityCouncilPacket Page 3 of 181 20130920/jrl 20120912CityCouncilMinutes Mayor Buelterman called the regular meeting to order at 7:00PM. Those present were Mayor pro tem Wanda Doyle, Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Opening Ceremonies • Call to Order • Invocation: Susan Hill, All Saints Episcopal Church • Pledge of Allegiance Consideration of approval of the City Council Minutes, August 22, 2013. Paul Wolff made a motion to approve. Bill Garrett seconded. Vote was unanimous. Report of Staff, Boards, Standing Committees and/or Invited Guests • Todd Smith, IT Department • Janice Elliott, HR Department • Denise Dubuque, Parking Department • Chantel Morton, Better Hometown • Gina Casagrande, Tybee Island YMCA • Chris Shook, Green Team Chair approached mayor and council to describe his projects and findings as outlined in the packet. He further explained the goals of the Green Team for the upcoming year. • Monty Parks approached mayor and council to describe the upcoming Community Day on Sunday, September 29, 2013 in Memorial Park from 1-5PM. This will be a backyard b-b-q event which will give residents an opportunity to come together and visit. He asked that everyone go to Facebook for up to date details. Consideration Local Requests and Applications — Funding, Special Events, Alcohol License Special Event Consideration: Sponge Bob 2: The Movie (September 30 — October 5; October 21 — 26 and 28; October 29 — November 5): locations detailed in event application. Mayor Buelterman recommended that this item be table until such time that all the business owners and participants in this event meet so as to not have an event that would negatively affect the business community. He further suggested that there be a special city council meeting on Tuesday, September 17, 2013 to further discuss and finalize the event. Mr. Wolff asked if they have received 20130926CityCouncilPacket Page 4 of 181 20130920/jrl the Department of Natural Resources (DNR) permit and questioned the fact that the shields would be removed from the street lights and has concerns with turtle nesting. Ms. Schleicher responded that she anticipated DNR would approve the permit as there are no nests in that area. He asked that she confirm. Laura Bryant approached mayor and council to answer any concerns they might have. She stated that she has received approval from DNR but did not bring the document with her. The recommendation of DNR was not to remove the shields but to keep the lights off in that area. Ms. Schleicher indicated that they would have to coordinate with Georgia Power to ensure the lights will be off if there are turtle nesting's in the area. Mayor Buelterman stated that his second suggestion would be that on the special event application add verbiage that would address Tybee stakeholders being impacted by the proposed event. If yes, what would be the method of contacting them, i.e., email, phone, mail, so that they are aware of the proposed event? In that way they can attend the city council meeting where the proposed event is on the agenda, able to review the packet which is on the website the Friday prior to the city council meeting, have the contact information for the special event applicant and review the special event application. Mr. Brown asked if the street lights are turned off, what safety precautions would be in place for the workers leaving the restaurants on the Strand at 2:00 — 3:00AM. Ms. Bryant responded that there will be 24 hour security in place. Mr. Groover stated he has concerns with the schedule for the 16th Street Parking Lot especially on October 5th as that could interfere with Pirate's Fest. He further stated that the application states that all dates are tentative based on weather, etc. Ms. Bryant responded that the crews and equipment will be off the Island by the end of the day on October 5th. Mr. Groover asked if the parking lot will be back in a condition that the vendors will be able to set up for Pirate's Fest. She confirmed as the parking lots scenes are in phase two of the production. Ms. Bryant stated she will leave her business cards so if anyone would like to contact her with questions and concerns she will be happy to respond. No action taken. To be heard at a city council meeting on Tuesday, September 17, 2013. Charles Bolen, Commander Post 154, Tybee Island, approached mayor and council to discuss the Community Service Award Request agenda item as he is asking for funding to facilitate the purchase of a fire shut off safety device for the air conditioning equipment. He explained that in November 2012 the Post had the first fire inspection in over twenty years. There were numerous violations, all of which have been addressed with the exception of the agenda item in the packet tonight which is due to funding issues. Mayor Buelterman asked for clarification of the request, would this be $2,700 in addition to the $1,975 which was approved during the budget cycle? Commander Bolen confirmed. Mayor Buelterman thanked the Commander. 20130926CityCouncilPacket Page 5 of 181 20130920/jrl Consideration of Bids, Contracts, Agreements and Expenditures Request out-of-state travel for Rosie Laney and Ellen Anderson to attend the 2013 Grand Strand Gift and Resort Merchandise Show in Myrtle Beach, SC, December 8 — 11, 2013. Wanda Doyle made a motion to approve. Bill Garbett seconded. Vote was unanimous. Agreement with GA Power to change out the 8-1000 watt Metal Halide Floods with 285 LED Lights. This will save the City $229.20 monthly and $2,750.40 annually. Mayor Buelterman asked for clarification from Ms. Schleicher regarding the billing per pole as opposed to the usage of each pole. Ms. Schleicher stated this is not in regard to street lights but park lights which belong to the City. She explained there is an agreement in place with Georgia Power to for the replacement of the playground, tennis courts, softball, as well as the volleyball lights. These lights are tied into a meter and there is a monthly charge for maintenance. She further outlined that Georgia Power is recommending the City save money by replacing the LED lights in the playground, volleyball and basketball area. Mr. Garbett stated that he did attend the meeting and it was very informative. He further explained that the City is asking Georgia Power to replace all the street lights with LED lights which are more efficient. This is a win/win situation. Bill Garbett made a motion to approve. Paul Wolff seconded. Discussion: Mr. Wolff stated that the City needs to keep the street lights on the table as technology is improving daily and the cost is coming down on a regular basis. Mr. Groover stated that at the meeting Georgia Power stated that if the City put in the LED street lights the bill would not decrease as the City would have to pay the same $10 even though were would be saving money. Georgia Power is blaming that on the Public Service Commission (PSC) as they set the rates. He would ask Mayor Buelterman if he would contact the contact the Governor to ask if Tybee Island could be a test case so we could use LED fixtures for the street lights. Mayor Buelterman asked Mr. Groover to compose a letter to the PSC and he would be happy to move forward with the suggestion. Vote was unanimous. To obtain the City Council's approval to enter into an agreement with a professional audit firm, Mauldin & Jenkins, CPA, LLC for $23,000 to perform the City's FY2013 annual audit. Ms. Hudson approached mayor and council to answer any questions or concerns. She explained that the City budgeted $20,000 but she has the additional $3,000 to add. Mayor Buelterman confirmed with Ms. Hudson that this is the best firm going forward for the City. Mr. Groover added that the Audit Committee reviewed the information and the vote was unanimous in favor of hiring Mauldin and Jenkins. Ms. Fox would like the motion to stipulate the contract would be 20130926CityCouncilPacket Page 6 of 181 20130920/jrl for a single year engagement. Mr. Wolff explain that this firm did prior auditing for the City and the contract was not renewed as GMA recommended that auditors should be changed every three years. Tom Groover made a motion to approve. Paul Wolff seconded. Vote was unanimous. To request the City Council's approval to increase the General Fund Operating Budget for FY2014 by $16,838 for deferred information technology fee revenue carried-forward from fiscal year 2013. Ms. Hudson stated that the Tybee Island Police Department has a fee that is collected from specific fines which can be used for technology equipment. In the previous year, more was collected than anticipated and those funds can be carried forward into the fiscal year. Mr. Groover then asked if this money can be used for anything other than IT. She responded that anything to do with technology and equipment is acceptable. Bill Garbett made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Community Service Award Request: Tybee American Legion - $2,700 — City has approved $1,975 in waived fees for the FY 14 budget during the budget process. The American Legion is requesting a cash award towards a fire shut off safety device for the AC equipment for the building. This request inadvertently did not get submitted with their original request. Mr. Wolff asked for clarification as to where the funds would come from. Ms. Schleicher stated it would come from contingency as it is not budgeted. Ms. Doyle stated that she would like to assist the American Legion as much as they can but has a concern with setting the guidelines for grants that need to be turned in during the budget process. This process has been successful and has a concerned with accepting requests outside the budget process. Ms. Fox expressed her concerns with it being outside the budget process as well stating this is a life threatening issue and mayor and council should be able to find the requested funds. Mayor Buelterman asked for clarification of the previously requested $1,975. Ms. Doyle stated this is for the waver of the liquor licensing fee. Mr. Wolff confirmed with Commander Bolen that there were numerous violations after the delayed fire inspection and asked what have been the expenses incurred to mitigate these repairs. Commander Bolen responded he does not have the exact figures but he would estimate it to be almost $3,000. Mr. Wolff then asked if this is due in part to the age of the air conditioning units. Commander Bolin confirmed as the units were installed prior to the Code and is not part of the system. The units have to be retrofitted as they cannot be grandfathered. Ms. Doyle then asked if this is a city building. Commander Bolen responded the property does belong to the City and if the American Legion was to decide to step away it would revert back to the City, reverting clause. Mr. Groover asked Ms. Schleicher if there are other city buildings that have problems 20130926CityCouncilPacket Page 7 of 181 20130920/jrl such as this. Ms. Schleicher responded no as all city buildings recently have been inspected by the fire marshal and all buildings are up to Code. Mr. Garbett agreed with Ms. Doyle but would ask why the American Legion cannot pay for this out of their budget as they do collect fees from their patrons. Commander Bolen responded that currently they are working on having the roof replaced as there are numerous leaks and with this being the low time of the year their budget is strained. Also, their income revenues are not as they have been in the past. Ms. Doyle stated she does have concerns but this would be an improvement on the building in case it would revert back to the City at some point. Mr. Wolff commented this is an emergency and would like to move forward. Paul Wolff made a motion to approve by taking funds from contingency. Jan Fox seconded. Vote was unanimous. Mayor Buelterman asked that Commander Bolen approach the CRC to ask their advice on energy conservation ideas. Mr. Wolff then suggested that Commander Bolen approach Georgia Power for an energy audit as there are rebates available if improvements are made. Commander Bolen stated he did contact Georgia Power last year. He will contact them again for recommendations. Public Hearings Special Review — consideration of special events at existing residential bed & breakfast; PIN 4-0002-20-014; Zone R-1; Sherry Stipp and Cindy Sukal. Ms. Otto approached mayor and council to explain this agenda item. This is for the Surf Song Bed and Breakfast at 21 Officer's Row. This is a special review request to have small special events as allowed under the bed and breakfast ordinance. She further explained that this bed and breakfast was before mayor and council in May 2013 when they were granted bed and breakfast status. The Planning Commission heard this item and voted to deny 6-0. Ms. Doyle stated on special review, stipulations can be imposed. Ms. Otto confirmed. Mr. Hughes stated that it became apparent prior to the city council meeting that participants in this meeting did not get the proper information in completing the Campaign Disclosure Form that pertain to zoning matters. He would ask that anyone wishing to speak during the public hearing tonight, complete the form that is located in the rear of city hall and provide to the Clerk, Jan LeViner. Mayor Buelterman asked Ms. Otto when this item was originally approved, did the petitioner indicate they were not going to come before mayor and council in the future and request special events approval. Ms. Otto responded that at the time of the original application, the petitioner addressed each item and at that time were not seeking approval for special events. The petitioner has now been approached by their patrons to have business meetings, small parties, etc. at the bed and breakfast. Mayor Buelterman asked Ms. Otto to address the parking. Ms. Otto responded that the parking does not change from the original request as there are five guest units and one 20130926CityCouncilPacket Page 8 of 181 20130920/jrl unit that is owner occupied. The petitioner has provided eight parking spaces which is one above the requirement. She further explained that the site has ample buffering. Mayor Buelterman stated there is another bed and breakfast located near the nursing home, Tybee Island Inn, and when they received their approval for special events, did they have to go through the process of delineating their parking? Ms. Otto stated she has not reviewed their file. She has interrupted the bed and breakfast ordinance, when having an event, does not require the petitioner provide additional parking spaces if you are having special events. She outlined that in speaking with the petitioner, guests renting their units would be the same guests that would be attending the special events. The petitioner stated they would offer public parking at north beach if there is not ample parking at the bed and breakfast. Mr. Groover confirmed with Ms. Otto that the petitioner does not have room to expand their parking. He stated that after reading the Planning Commission minutes, the residents were concerned with the number of participants at special events. Mr. Groover then asked if there could be stipulations regarding the number of people that could attend the special events for not only special events but for everything, suggesting the bed and breakfast could not have more than twenty people at any time on the premises. Ms. Otto confirmed that special review does allow imposing conditions for approval. Ms. Doyle asked Ms. Otto if the bed and breakfast previously was a special events location. Ms. Otto responded that the previous owner did come before mayor and council for approval of special events and was denied. Ms. Doyle then asked if the Tybee Island Inn received their approval for special events and if so have there been complaints and problems that were filed with the police department. In this way mayor and council would know of any issues in having special events in that area. Ms. Otto stated she is not aware of any. Ms. Otto reminded mayor and council that the ordinance limits the number of people to twenty. Mr. Brown stated that even if the ordinance limits the number of people they have no way to check for compliance. He further stated that mayor and council need to limit commercial use in residential zones and would recommend denial. Ms. Fox stated that she read the minutes from both the planning commission meeting and city council meeting pertaining to this request as well as the bed and breakfast ordinance and in both of the cases the applicants were required to allow two parking spaces for the owner, one space for each room and one space for each additional four people that might be attending the special event. She feels this is a good rule and should be worked into the ordinance. Cindy Sukal, co-owner and inn keeper at Surf Song Bed and Breakfast approached mayor and council to answer any questions or concerns. She indicated that her sister, Sherry Stipp, had sent a letter to mayor and council outlining their intentions with this agenda item. Ms. Sukal addressed the concerns regarding parking stating that they do not want more than twenty people including guest at the bed and breakfast and would not disagree if this was a condition for approval. She 20130926CityCouncilPacket Page 9 of 181 20130920/jrl explained that groups such as the Tybee Island Arts to do lunches, cooking classes and art classes which are not allowed with their current license. Ms. Sukal further stated that they do not want to affect their neighbors in a negative manner and have no intentions of parking in front of the bed and breakfast on the street. Guests will be notified via email of their parking plan and will have a staff member outside the bed and breakfast to direct participants where to legally park. She addressed other concerns such as noise issues and stated that there have not been any noise issues since she has been on premises. Kevin Sofa approached mayor and council to ask that mayor and council deny this request. He is the president of the home owners association and the board of directors is leery of what the permit will allow. Their main concern being the wedding receptions and the number of guests and staff that will be present. Peter Bannon approached mayor and council to ask that mayor and council do not approve this request. He lives next door to the bed and breakfast stating this is a limited space and the narrowest part of Cedarwood. He also stated his concerns regarding the parking plan and the number of events at one time. He did commend the owners of the bed and breakfast on their attempt to control parking. Ms. Bannon referenced a conversation he had with the owners previously where they indicated that they were not interested in special events. He then thanked mayor and council for the opportunity to speak. Mr. Garbett read from the current ordinance which would suggest to Mr. Bannon that stipulations be put in place where events could not go past 9:00PM. Mr. Bannon replied as to how the ordinance would be enforced and he further has concerns over alcohol as there is no supervision from the owner. Mr. Wolff then made several suggestions regarding the type of special event that would be allowed to Mr. Bannon asking if this would satisfy his concerns. He stated he did not understand how this would alleviate the issues at hand. Mr. Groover asked Mr. Bannon if the special event were limited to a total of twenty people which would include owner, staff and all the residents in the bed and breakfast, would that suffice. He responded he does not feel it would and reminded mayor and council that the bed and breakfast is in a residential area. Walter Peck approached mayor and council to voice his concerns over this special review item. He lives at 119 Cedarwood, directly across the street from the bed and breakfast. He stated that there have been issues with trash in his yard from the guests from the bed and breakfast. Mr. Peck further explained parking problems with the bed and breakfast as they are parking in his yard. Mr. Wolff asked if the parking problems have been ongoing since the bed and breakfast has had a resident manager on site. Mr. Peck responded yes. Mr. Brown confirmed with Ms. Otto the size of the parking spaces, 9x18. She confirmed. He then asked about the steps in the front of the building. She stated that the parking plan before them this evening is the same parking plan that was approved at a previous council meeting. Mr. Garbett again asked if a time (curfew) was put in place would this solve the problem. Mr. Peck 20130926CityCouncilPacket Page 10 of 181 20130920/jrl stated no as the parking is his main concern. Bill Garbett made a motion to approve to include a stipulation that all events close by 9:00PM. Being there was no second; the motion dies for lack of second. Barry Brown made a motion to deny. Wanda Doyle seconded. Voting in favor were Paul Wolff, Jan Fox, Wanda Doyle, and Barry Brown. Voting against were Tom Groover and Bill Garbett. Motion to deny passed 4-2. Text Amendment and Map Amendment — Section 13-015 — consideration of change of zoning district from C-2 to R-2 for 7 lots between Teresa Lane and Byers Street. Ms. Otto approached mayor and council stating this request is the third of three C-2 corridor areas that are to be considered. The first being Eagles Nest, the second, lots on the south side of Laurel Avenue and tonight, lots on the north side of Highway 80 between Teresa Lane and Byers Street. This will include seven properties which are currently zoned C-2. The request that is before mayor and council would change these lots to R-2. She further requested action be taken on lot #1 as shown on the diagram in their packet as the boundary line divides the property, the southern portion being zoned C-2 and the northern portion as R-2. The Planning Commission consideration on this item was a motion to approve with a vote of 6-0 in favor. Ms. Doyle asked Ms. Otto to explain lots, #5 and #7 on Highway 80. Ms. Otto pointed to the lots that were projected on the screen. Ms. Doyle then asked for clarification of lot #2 which previously had a request for a billboard. Ms. Otto confirmed. She further requested that action be taken on lot #1 even if no further action was taken on the remainder of the lots. Ms. Doyle stated that she would like to ensure that the North Wave Subdivision residents are protected by becoming an R-2 zone. Mr. Groover asked Ms. Otto if a decision could be made on each parcel or would the decision be made on all parcels. She responded that it could be done on each parcel. Mr. Groover asked if owners have been contact to be aware of the agenda item tonight. Ms. Otto stated that all property owners and well as adjacent property owners were mailed notices of the agenda item tonight. Mr. Garbett stated that he believes that all properties that front on Highway 80 to be zoned commercial which in this case would be lots 2, 3, 5, and 7. He would recommend the remaining lots 1, 2 and 6 be zoned residential. Julie Zopf approached mayor and council to request their support to vote in favor of the rezoning all the lots from Teresa to Byers as residential. She explained that in the past neighbors have approached mayor and council to speak in favor of the rezoning to residential. John Kohn, 12 Teresa Lane, approached mayor and council to speak in favor of the rezoning to residential. He stated that on lot #3 there is a home as the occupants are residential. Lots 4 and 6 also have homes as do many of the other lots. He reminded mayor and council a proposed bike path will run directly in front of lots 1, 2, 3, 5, and 7 and will cause more traffic not only pedestrian but bikers as well. If zoned commercial this will create more traffic and hazards. Mr. Kohn would further 20130926CityCouncilPacket Page 11 of 181 20130920/jrl ask mayor and council to approve all lots as residential. David Birdwell approached mayor and council to request mayor and council approve the rezoning to residential. He explained that most all the lots are residential currently and if there was not an existing building already on lot 3 which has been occupied by a resident; this leaves lots 5 and 7 to be addressed. He would further ask Mr. Garbett to rethink his position on the lots that front Highway 80. Ms. Doyle stated she has concerns about correspondence that was received by mayor and council regarding lots 5 and 7. She would ask Mr. Hughes his thoughts. Mr. Hughes responded that the owners of those lots, lots 5 and 7, have objected to what they consider to be the down zoning of their property from commercial property to residential. He asked that for the record, the minutes reflect that the Tybee Island Zoning Map is currently in the room and the amendment would be reflected on it with the decision of mayor and council. Mr. Wolff stated his concerns with spot zoning and possible ligation. Mr. Hughes stated he does not share those concerns regarding spot zoning. He further explained that mayor and council would need to have a rational basis for taking those two lots (5 and 7) and treating them separate. Suzanne St Pierre, 4 Teresa Lane, approached mayor and council to speak in favor of the residential zoning as it will impact their quality of life. She explained that the most important concern is the turning onto Highway 80 from their neighborhood. By zoning these lots commercial it will bring more traffic and congestion and be a safety issue. Mayor Buelterman would recommend lots 1, 2, 3, 4 and 6 are zoned residential and leave lots 5 and 7 commercial. Wanda Doyle made a motion to zone lots 1, 2, 3, 4, and 6 residential (R-2) and lots 5 and 7 as commercial (C-2). Bill Garbett seconded. Discussion: Mr. Garbett expressed his concerns regarding the correct procedures with zoning lots 2, 3, 5 and 7 as commercial and lots 1, 2, 4 and 6 zoned residential as all people need to be treated the same. Mr. Wolff stated that the character of this neighborhood needs to be residential as all the commercial property is east of Byers. He would recommend that all lots be zoned residential. Ms. Fox concurred. Mr. Brown asked for an explanation of lot 1. Ms. Otto explained that the line comes down Estel and goes straight thus making part of the lot zoned commercial and the balance residential. Ms. Otto reminder mayor and council that lots 5 and 7 are owned by the same person and there could be the potential of combining the lots into one for commercial development. Voting in favor were Tom Groover, Wanda Doyle, Barry Brown and Bill Garbett. Voting against were Paul Wolff and Jan Fox. Motion carried 4-2. Text Amendment — Section 5-010 — Permits Required for Construction; consideration of proposed changes to permitting requirements. Ms. Otto explained that Section 5-010 was heard by the Planning Commission and went before mayor and council for approval. There were significant changes at that time and was 20130926CityCouncilPacket Page 12 of 181 20130920/jrl sent back to Planning Commission for consideration. Ms. Otto stated that the version before mayor and council tonight is significantly different than before as the previous planning and zoning manager's intent was to bring this section more in line with the International Building Code Permitting Requirements. Discussions were bogged down as Tybee deals with smaller properties and are more involved with the citizens. When the Planning Commission considered this at their August meeting there was a motion to approve with more changes which have been incorporated and the vote 5-1 to approve. She has since had conversations with some council members which would recommend changes and is not sure mayor and council will be able to move forward as these changes have not been incorporated in the document in the packet. Ms. Otto explained that there is no urgency for approval tonight. Mr. Wolff stated he was fine with the changes and asked Ms. Otto to correct a typing error. She concurred. Mr. Groover referenced his conversation with the dock builder. He explained that the bond and liability policies that Tybee requires are based on a previous problem with a project in the back river area. He would ask for clarification with the current dock builders as they do not own hydraulic and heavy duty equipment. He would recommend that the bond and liability policies be in place for those that bring in a barge for repairs. He further stated that the ordinance should reflect some of the fees and requirements that reflect the previous incident. Mr. Wolff made a suggestion to the language and Ms. Otto concurred and will incorporate into the ordinance. She confirmed that this language would incorporate "heavy equipment" whether on the water or on land. Ms. Fox stated that she had asked Ms. Otto to include verbiage on the Homeowner Affidavit. Ms. Otto responded that she had not gotten to that as of yet but would. Ms. Otto explained that at the suggestion of Ms. Fox she would read the state ordinance so that it will match our paperwork. Mayor Buelterman recommended that all changes be complied and sent to Ms. Otto which will be included in a clean copy of the proposed ordinance. Mr. Brown asked Mr. Hughes what jurisdiction the City has "on top of the water". Mr. Hughes responded we have regulatory power. Mr. Brown then asked Ms. Otto if the dock builders are licensed general contractors. Ms. Otto confirmed and stated that if the scope of work is structural the contractor would be required to have the George State License unless it is a homeowner. There was further discussion regarding suggested changes in regards to homeowners maintaining their residence. Ms. Fox asked if there is relief for emergency repairs. Ms. Otto stated yes as staff will work with the homeowner. Mayor Buelterman asked that all changes and recommendations be sent to Ms. Otto. She will take those comments and incorporate into a document to bring back to mayor and council and upon review if there sufficient major changes it will go back before the Planning Commission for their consideration. Donald Cowart approached mayor and council to express his concerns regarding the permitting process. His main concern being the electrical permit as it states there must 20130926CityCouncilPacket Page 13 of 181 20130920/jrl be a certified electrician to replace any fixtures unless the renovation permit has already been issued. He asked who the permit is issued to. Mr. Cowart went on to discuss the licensing of contractors, bonding, and liability issuance. He has concerns with the handyman getting a license as they are not trained and according to the new state contractors law they cannot build anything made of wood. He stated he has further concerns regarding the zoning commission being allowed to go in and change the Southern Building Code. Mr. Cowart stated the zoning department needs to know that a contractor is a contractor and a handyman is a handyman. Mayor Buelterman asked Mr. Cowart what other concerns would he like to express. Mr. Cowart stated none. Mr. Brown stated suggested that Ms. Otto may clear up some confusion is she insert the word "licensed contractor, licensed plumber, licensed electrician" etc. in the document. Jan Fox made a motion to continue until city council meeting on October 24, 2013. Paul Wolff seconded. Vote was unanimous. Council, Officials and City Attorney Considerations and Comments Bubba Hughes approached mayor and council to discuss the Release and Covenant Not to Sue — George B. Bargeron. He stated that Mr. and Mrs. Bargeron have signed the documents and are still in the window of withdrawing their consent but this is pursuant to the agreement that was reached at the mediation. Jan Fox made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Bubba Hughes approached mayor and council to discuss Sec 3-080, Off-street Parking. Wanda Doyle recused herself. Mr. Hughes stated that this is an ongoing effort to come to an understanding of this ordinance. It was his understanding that the ordinance would be such that if an existing driveway was replaced with anything other than concrete or asphalt it would be acceptable. He further explained that there is a great deal of ongoing issues related to this ordinance. Mr. Hughes reminded mayor and council this item is not a public hearing nor is a vote to be taken. It is for clarification only. Mr. Wolff stated that what is before mayor and council would be huge step backward from the ordinance that was adopted ten years ago, which, though, granted was flawed, since it did not include the definition of permeability. He explained that the more recent ordinance that was adopted three years ago is what needs to be in place and it could include Ms. Fox's compromise as it is reasonable. Mr. Wolff described the State Stormwater Supplement, specifies that permeability is accommodating a 1.2" flush. There are drainage issues all over the Island and every time the City adds one square foot of impervious surface it exacerbates the drainage issues. He further explained that the permeable driveway ordinance as it was before, was changed and is doing a lot of good for the Island. The issues at hand now are what types of materials are being used, if certified or not; are we doing the proper testing to prove whether 20130926CityCouncilPacket Page 14 of 181 20130920/jrl they are permeable or not; those are small details as compared to rewriting the entire ordinance. Mr. Wolff stated the ordinance needs to remain to require driveways be permeable not just say that they cannot be made of concrete or asphalt. Mr. Groover added that in the past few weeks, the City has release a permit to install pavers off of a sketch that did not list what type of paver would be used. He further outlined the process which included Mr. Branch making a decision to allow the permit. Mr. Hughes interjected that the permit had already been issued. Mr. Groover disagreed. He continued by stating that with the amount of pavers being installed, if they do not meet the requirement of the 1" run-off, the City has violated the 60% rule as 60% of the property is now pavers that are not permeable. He then asked Ms. Otto to confirm. Ms. Otto stated that she agreed with Mr. Hughes as the permit was issued in 2012 and what was released was the change in fees that was owed due to the higher cost of the permit. Ms. Otto is seeking clarification as she has two applications waiting to be permitted and it is very subjective whether either can meet the requirement and by having the 1" standard with no means of testing, it is impossible to determine. Mr. Groover stated that after the two storms that occurred recently, he is 100% behind making Tybee to where it is pervious. Everything that is installed as well as the City needs to adhere to the policies. He would recommend the testing of pavers resume. He questioned why the testing was stopped as it is not included in any ordinance on the books. Mr. Groover continued to discuss the concerns he has with Ms. Otto issuing permits that are totally wrong. Mayor Buelterman asked Mr. Groover if he feels it is worth all the staff time and effort to complete the complex testing for driveways. Mr. Groover stated yes. Mr. Hughes indicated that the suggested ordinance was in place six months ago and the only difference now is to remove the words pervious and permeable as the definition has changed. Ms. Fox confirmed. He further stated there needs to be clarity, the clarity that staff needs to handle the applications correctly. Mr. Groover recommended staff find out which pavers are acceptable which is not their responsibility is as it is their responsibility to issue the permit. This responsibility is the contractor to insure they will pass the test. Mr. Garbett asked Ms. Otto for her recommendations as mayor and council need to address the problem of permeability. He feels there is a good solution that would meet the requirements of storm water run- off on driveways and mayor and council need to review the ordinance and come up with something that is acceptable to the entire body. Ms. Fox explained that when the word "pervious" was discarded and went to the Standard, it was done as that is how the pavers are advertised. She would suggest that mayor and council should adhere to the Standard as the pavers are not passing the test. Ms. Fox stated that possibly the problem lies with the installation of the pavers. Mr. Wolff clarified that he has concerns over such materials as granite and anything that is impermeable. To be exact it would include white rock as well. He went on to remind mayor and council that the driveways 20130926CityCouncilPacket Page 15 of 181 20130920/jrl are an integral part of the storm water management system, Island wide. Due to requiring permeable driveways nine years ago, the City has had to do far less expensive infrastructure improvement regarding the storm lines. Mr. Wolff stated the intent of the ordinance that he crafted nine years ago and that was to have the driveway accommodate the rain water so as not to add pollutants to the marsh. Mayor Buelterman stressed the fact that staff is looking for direction from mayor and council. Mr. Wolff stated he would like the ordinance to read, "use a product that will accommodate 1.2" of the first flush or use a material certified to do that and installed to the manufacturers specifications and inspected to ensure they have been installed properly." Mr. Hughes inquired on how it would be inspected. Mr. Wolff replied that the inspector would go to the property while it is under construction. Mr. Brown stated that has been the understanding all along, let the manufacturer state in writing that the pavers meet the City's requirements and installed to the manufacture's specifications. Mr. Groover suggested that the three inspections take place but would question who would be responsible for the cost. Ms. Otto stated that the current cost of a driveway application does not have an inspection fee only a permit fee and if there are inspections, she would be responsible. Mr. Groover would like the City to have a water test with the pavers at the end of the installation as it is not the City's responsible to inspect installation. Ms. Otto explained that current testing consists of using a garden hose or bucket of water and is readily apparent when this is done if the water goes through or runs off. She also stated that staff has been challenged with this method of testing as it is not a scientific test and staff is not qualified to conduct the testing. Mr. Groover stated that he is aware of a certified test and it is the best way to test pavers. Mayor Buelterman stated that all this is a burden on staff and this requirement is adding another layer that is not necessary. Mr. Brown would recommend the ordinance that is before mayor and council be discarded. Mayor Buelterman again stated that mayor and council need to give staff direction going forward. Mr. Garbett asked Ms. Otto to bring her recommendations to mayor and council. Ms. Otto responded that what is before them tonight is the recommendation of staff and Mr. Davis, City Engineer. She explained that this item is on the agenda for the upcoming planning commission meeting on September 17, 2013. It was anticipated that there would have been a consensus from mayor and council on whether you would have them consider this item or withdraw due to a possible different direction. Ms. Fox stated she would ask the Planning Commission hear the item. Ms. Otto confirmed and stated she currently has two applications, one will meet the 1" requirement but she is skeptical regarding the second one. She would like direction as the current ordinance states that residential driveways are to retain the first 1" of storm water. Ms. Schleicher stated that mayor and council removed the inspections language from the ordinance which referred to engineering. Further, the pavers are to be made out of materials that are 20130926CityCouncilPacket Page 16 of 181 20130920/jrl designed to meet that requirement. Staff would have a list of all manufacturers and installers to include all materials that will meet the 1" requirement. This now becomes a list of pre-approved materials. She recommended that staff require the installers for the above reference application be required to provide the information that the materials that are being used meet the 1" requirement. Therefore the permit can be issued. Mr. Wolff asked Ms. Otto why the permit above will not meet the 1" requirement. She responded that there is not enough void between the pavers. Mr. Wolff stated that if there is time sensitivity with the permit, why not let them proceed with installation, stipulating that the pavers will be subject to the 1" test after installation. If the pavers do not meet the requirement they will have to be replaced. Ms. Otto stated that this is the same application that she has had questions over in the past. Mr. Groover stated this will not work as pavers vary in price. It is up to the installer to tell staff that the paver that is being installed, according to the manufacturer will meet 1" requirement if installed properly. Mayor Buelterman recommended that staff proceed with the issuance of permits, using their best judgment, until the Planning Commission makes their recommendation to mayor and council. Ms. Schleicher outlined her recommendation which would be staff would contact all the installers and manufactures and request that they send staff a list of all products that will meet the 1" or better requirement. In this way, when an application is received there will be a cross reference of those materials/pavers that will meeting the requirement. She would further recommend that the installers of the two applications in the Planning and Zoning Office provide staff with specifications that the materials will meet the 1" or greater requirement. Mr. Hughes clarified that if this is not received by staff, the permit will not be issued. No action taken. Paul Wolff, Alternate Water Supply. No action taken. Jan Fox stated that mayor and council have let the City down as far as the finances and need to do a better job. She would propose that Mayor Buelterman create a finance committee, appointing three council members to review the interim financial reports along with the city manager and finance director to insure timeliness and accuracy. Also, to review each one of the eight findings in the last audit report and see that internal controls are in place to keep those items from recurring. This would also include: • to oversee and facilitate the work of the audit committee; • to review all new GASB and other authoritative standards and oversee their implementation; • monitor changes in the types and reliability of our income/revenues; • monitor the City's debt; 20130926CityCouncilPacket Page 17 of 181 20130920/jrl • finally to assist in the development of rate structures and fee schedules for city services. Ms. Fox stated that this will provide for a more structured and focus on the City finances. Angela Hudson approached mayor and council. Ms. Hudson stated that some of the items Ms. Fox mentioned are part of her job description, things that she is responsible for doing. She explained that the City had one bad audit year and there are several reasons for this of which she is not going to discuss but move past. Many of the things that happened were political and slow the process down. She feels she has not been given the opportunity to run her department without being influenced or pulled. Ms. Hudson asked that she be given the opportunity to run her department, to implement the policies and procedures that she has plans to put in place as policies and procedures were created years ago and have not been implemented. She would ask that she be given to time to implement these policies and procedures which would include training her staff so they would have an understanding for what they are doing. Ms. Hudson stated that if mayor and council were to dissolve the audit committee that is one thing but to have both an audit committee and finance committee would be too many layers and would preclude her from effectively running her department. She stated that she does not feel she has been given the opportunity to run her department and get things done. If after a year, nothing has changed, terminate her but she would like an opportunity to do her job without interference. Mayor Buelterman asked Ms. Hudson if there was another committee in addition to the audit committee would this will take away from the time she has to do her job. She confirmed and asked for clarification for the finance committee. Mr. Garbett stated he appreciates Ms. Hudson's comments but does not understand why she objects to Ms. Fox's proposal. Ms. Hudson replied that it is more to do with personal agendas rather than her being allowed to do her job. Mr. Garbett would agree with Ms. Hudson's comments but would also agree with Ms. Fox's suggestion that it would be helpful to sit down with the finance director each quarter and be brought up to date on the happenings with the finances. Ms. Hudson is happy to prepare a quarterly financial report, bring before mayor and council and answer any questions that they might have. Mayor Buelterman suggested there be quarterly financial workshops so the entire body would be aware of the financial status of the City. Ms. Fox stated she envisioned the finance committee to work much like any other committee does on the Island. The chairman of this committee works with the city manager to have an agenda and in turn she works with staff to fulfill the information and the committee brings recommendation to mayor and council for needed changes. Ms. Fox stated that mayor and council need to take ownership of the financial statements. Ms. Fox stated that there is more oversight that is needed for more than just the audit committee as there have been no financial statements this year and mayor and council have been asked to do budget adjustments. Mayor 20130926CityCouncilPacket Page 18 of 181 20130920/jrl Buelterman asked Ms. Schleicher to arrange for a meeting to include him, Ms. Hudson, Ms. Fox, herself to come up with a plan that everyone can agree on moving forward. Mr. Groover asked that as the liaison to the audit committee he be included in this meeting. Mayor Buelterman stated that mayor and council need to support Ms. Hudson. Ms. Fox agreed. Bill Garbett made a motion to adjourn. Jan Fox seconded. Vote was unanimous. Meeting adjourned at 10:05PM 20130926CityCouncilPacket Page 19 of 181 20130920/jrl 20130917 Special City Council Meeting Minutes Mayor Buelterman called the special meeting to order at 4:30PM. Those present Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor pro tem Doyle was excused due to a prior appointment. Consideration Local Requests and Applications — Funding, Special Events, Alcohol License Special Event Consideration: Sponge Bob 2: The Movie (September 30 — October 5; October 21 — 26 and 28; October 29 — November 5): locations detailed in event application. Laura Bryant approached mayor and council to answer any questions. Mr. Brown asked Ms. Bryant how the businesses on 16th Street and the Strand would be compensated for lost business during the filming of the movie. Ms. Bryant responded that she has had the opportunity to meet with the key business owners on the Stand and they have come to a satisfactory agreement for all parties concerned. The crew did meet today and we able to narrow down the shots to get a better idea of parking needs. They are "giving back" the requested parking spaces on 18th Street as they do not need it for the first week of shooting. This will help the businesses on Tybrisa and Strand. Ms. Bryant explained that she and her assistant visited all the business owners on Tybrisa and spoke with them personally to better understand and address any concerns they might have. Mr. Brown repeated his question. Ms. Bryant responded that businesses will not be shut down and will not take any parking from their patrons. Her position is to be a liaison between the movie company and the business owners to insure all concerns are addressed and each addressed individually. Mr. Brown asked for a clarification of the issues in downtown Savannah on Broughton Street. Ms. Bryant discussed the issues of parking and the owners affected do receive a compensation fee for their inconvenience. Mr. Brown then asked the time frame of completing the contract with the business owners. She responded that once she speaks with them, she will leave an agreement and when it has been signed, she picks it up and issues a Certificate of Insurance. The entire process should take five (5) days. Mr. Wolff confirmed with Ms. Bryant that nothing is being done on Tybrisa just Strand. She confirmed. Mr. Wolff commented in favor of the filming as it will bring revenue to the Island and if approved by mayor and council it would be contingent upon receipt of executed contracts from all the business owners involved. Ms. Bryant assured mayor and council that she is very accessible to include phone and email. She will be happy to share either or both with whomever that would 20130926CityCouncilPacket Page 20 of 181 20130920/jrl like it. Mayor Buelterman stated that the City supports this type of event and thanked them for choosing Tybee Island as their location. Rich Hammons approached mayor and council to speak in favor of the event. He stated that he did have concerns but after meeting with Ms. Bryant feels confident that this will have a positive impact on the Island. He once again asked mayor and council to approve the special event application. Mr. Garbett confirmed with Mr. Hammons that his recommendation is to approve. Mr. Hammons agreed. Mr. Wolff asked Ms. Schleicher to track how the businesses are doing historically and going forward during and after these events as he would like to have a year by year comparison. He would recommend going back to 2012 moving forward. Ms. Schleicher responded that the department of revenue does not provide a point of sales. She stated that at the recommendation of mayor and council they add a component to the permitting process that will address the stake holders and how they might be affected with upcoming events. She also suggests a survey be done as well as the post moratorium meeting. Mr. Wolff would like to have a better idea of the impacts of the events. Mr. Hammons thanked Ms. Bryant for her openness and availability to all the business owners as communication is key. Jenny Orr approached mayor and council to express her concerns with the event. She did meet with Ms. Bryant to discuss these concerns which is mainly Saturday, October 5, 2013. This date is a double digit day and October is a great month as it is a more profitable month due to a more mature audience. This clientele eat and drinks differently than the summer clientele. Once again, Ms. Orr stated she needs to have her business back on Saturday, October 5, 2013 as that one Saturday will make one of two payrolls for the month. She explained that Ms. Bryant has been very fair for the second session and she would like the contract to sign and she does recommend approval. Mayor Buelterman asked Ms. Bryant if there are weather issues and the filming goes into that Saturday what is the plan. Ms. Bryant stated that the production company has bought weather insurance to extend the shoot days which will allow them to extend compensation to the effected business owners. Mayor Buelterman asked the timeline for completing the contracts. Ms. Bryant responded that she anticipates having all the contracts out electronically by end of day. Mr. Groover expressed his concerns over the contracts being executed in a timely manner. Ms. Bryant stated that she has a good faith agreement with all the business owners and she feels all paperwork will be completed in a very short period of time. Steve Kellum, Tybee Times, approached mayor and council. He stated that he was not aware of the event until last week. Since then he did met and has spoken with Ms. Bryant and has a verbal agreement with the production company. His main concern is the parking which has been resolved. Bill Garbett made a motion to approve. Jan Fox seconded. Discussion: Mayor Buelterman reminded mayor and council that if in the next few days it appears there will be issues, they can reconvene to address those issues. Ms. Fox would recommend 20130926CityCouncilPacket Page 21 of 181 20130920/jrl that Ms. Schleicher provide a report via email within seven to ten days that all contracts have been executed between the business owners and production company. Mr. Groover asked that the vote be delayed until September 26, 2013 at which time mayor and council will have a report on the executed contracts. Mayor Buelterman stated he does not feel an amendment to the motion is needed. He further requested that an agenda item be added to the September 26, 2013 regarding the status of the contracts. Ms. Bryant stated that she will report to Chantel Morton when the contracts are received back from the business owners. Vote was unanimous 5-0. Bill Garbett made a motion to adjourn. Jan Fox seconded. Vote was unanimous. Meeting adjourned at 5:20PM 20130926CityCouncilPacket Page 22 of 181 20130920/jrl TYBEE ISLAND FIRE DEPARTMENT :. P 0 BOX 2749 4* Ii # - / TYBEE ISLAND, GEORGIA 31328 "1k To: Diane Schleicher City Manager From: Chief C.L. Sasser T.I.F.D. �a Subject: Annual Fire Protection / Subscription Date: September 18, 2013 Pertaining to the additional information on the annual fire protection / subscription requested by city council I submit the following information: 1. When does the city collect the subscription from the unincorporated Tybee area in the fire district? Billing is at the end of the year in December. Notifications are made and a sign is posted at the entrance reminding homeowners that subscriptions are due. 2. Does DAV participate in the fire subscription? Yes 3. What is the estimated homeowners insurance savings by paying the annual fire protection subscription? An additional fee is paid Tor the subscription, along with the yearly insurance cost which could be in the area of$3,000.00 or more a year for a ISO Class 9 rating. The rating is high due to no hydrants in the area. 4. What are the consequences for a homeowner, if the homeowner does not pay the annual fire protection / subscription? Will the insurance company raise the insurance cost or will they cancel the insurance? They can do either, depends on the insurance company. They require homeowners to subscribe for fire protection and send proof, however they do not follow-up every year on the proof of subscription. 5. What do other fire departments in the area charge for annual fire protection fee? How do they calculate it ? (866)785-x!573 X 117 Fax- (888-550-8219) 20130926CityCouncilPacket Mail to: fredefetgfolft�ybee.org 20130920/jrl www.cityoftybee.org TYBEE ISLAND FIRE DEPARTMENT P 0 BOX 2749 az-Nin TYBEE ISLAND, GEORGIA 31328 See attached information on subscription rates. The rates are based on the assessed value of the building by the Chatham County Tax / Property Records, 6. What is the estimated cost in labor and equipment to fight an average structural fire in the fire district? Rates per State of(7): a) Pumper Truck $56.00 hr Brush Truck $20.00 to $26.00hr Firefighter $15.00 hr *See attached form pertaining to rates applied when services are rendered to a non- subscriber by the city council approved years ago. 7. What level of the fire subscription fee should the city council be considering for future incremental raises for that area? No more than $250.00 a year, with the increments over a five year period. • Tybee Island F.D. does not have a 24hr manned station. (866)786-4573 X 117 Fax- (888-550-8219) 20130926CityCouncilPacket Mail to: firedef3tig8ftVdftYbee.org 20130920/y1 www.cityoftybee.org CONTACT CA = R VOLUMTFER ABOUT SSFD FIRE SERVICES EMS SERVICES SECIJR— ' SERVICES SEARCH SITE >> RELATED PAGES ABOUT SSFD I DIVISIONS EMS SERVICES I RECORDS & BILLING FIRE SERVICES HOW DO I? SUBSCRIPTION APPLICATION RESIDENTIAL DOWNLOAD APPLICATION [PDF] COMMERCIAL DOWNLOAD APPLICATION [PDF] FINANCIAL APPLICATION FOR ASSISTANCE[PDF] CLICK HERE FOR CHATHAM COUNTY PROPERTY TAX RECORDS RESIDENTIAL SUBSCRIPTION RATES OUR RATES ARE AS FOLLOWS: PRESENT $ 20,000 AND UNDER (house only) $67.00 $ 20,001. -$60,000. (house only) $101.00 $60,001. -$100,000. (house only) $134.00 100001. -$ 40,000. (house only) $166.00 $140,001 -$180,000. (house only) $210.00 $180,001 $220,000 (house only) $251.00 20130926CityCouncilPacket Page 25 of 181 20130920/0 _ _ _ ' ! - | $220.001. -$250.000 (house only) $294.00 ^' $250,001. - $350,000 (house only) $33800 $350,001. -$450,000. house only) $379.00 $450.001. -$600.000. (house only) $414.00 $5000U1 �8OODOD . , . . (house only) $453.00 $60U0O1 �7OOUOO . , . . (house only) $471.00 $700.001.- $800.000. (house only) $490.00 $800.001 -$900,000. (house only) $510.00 $900,001 and over (house only) $530.00 HOUSE UNDER CONSTRUCTION $28.00 COMMERCIAL SUBSCRIPTION RATES OUR RATES ARE AS FOLLOWS: Minimum charge for NON-SPRINKLER Bldg. $124.00 (8/dg. with less than 2,500 sq. ft.) Minimum charge for SPRINGLER Bldg. $103.00 (Bldg. with less than 2,500 sq. ft.) NON-SPRINKLER PROTECTED BUILDING $49.00 (p- r thousand so. feet) SPRINKLER PROTECTED BUILDING $42.00 (per thousand sq. feet) MOBILE HOMES In mobile home parks (each) $21.00 O�HEF�� Values upbz1O`DUO $27.00 OTHER: Values 10.001 to 20,000 $41.00 NON-SPRINKLER PROTECTED APARTMENTS (per unit) $80.00 SPRINKLER PROTECTED APARTMENTS (per unit) s30.00 CONDOMINIUMS OR TOWNHOUSES (per unit) $60,000. AND UNDER $69.00 $80,001. $100.000. $109.00 $100.001 -$14D.O0O. $154.00 �14�.O01 $180 000. $201.00 $180.031. ' $220.000. $245.00 8220.081 -S260,000. 3292.00 $280.001, and over $338.00 DUPLEXES 0136.00 Hotel Poorn (per room) $11.00 2013O920QtyCounci|Pacmet Page 26 of 181 20130820Nn T TIFF 0 T- Ix . CITY OF TYBEE ISLAND Agreement for Fire Subscription Service Calendar Year In accordance with the City of Tybee Island Ordinances the city agrees to provide fire service to the below named properties located outside the city limits of Tybee Island, Georgia. This is not a contract, service is provided when available and under normal operating conditions. Annual Subscription Fee $ (Non-Transferable, Non-Prorated) The following rates apply when services are rendered to a non-subscriber: $ 500.00 Administrative Fee $ 500.00 Per Apparatus hour or portion thereof To renew or subscribe for services please fill in the following information and return this form with payment by Property Information Owner Name(s): , Service Address: Home Telephone: Mailing Address if different: Signature(s): P. 0. Box 2749-403 Butler Avenue,Tybee Island,Georgia 31328-2749 (916.0)78614573 - FAX(916. 786-5737 20130926CityCouncilPacket Page 27 of 181 20130920/d STAFF UPDATE '\I CITY COUNCIL MEETING: September 26,2013 PREPARED BY: Dianne Otto, Planning&Zoning Manager '� Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12) Below is an excerpt from the Minutes of the City Council meeting of February 28,2013: Council, Officials and City Attorney Considerations& Comments • Mayor Buelterman explained the new impact of the FEMA flood insurance which increases the premium on second homes and investment properties. He would like to begin the process of working with the Planning Commission to develop ways that do not penalize property owners that might apply for variances. This would be a 25% increase in flood premiums annually until such time as it no longer subsidized by the federal government. Mr. Brown also has concerns with the cottages on the Island and how they might be affected. BW-12 background documents included with this Staff Update: A. Flood Insurance Reform Act of 2012: Impact of Changes to the NFIP(2 pages) B. Changes in the Flood Insurance Program: Preliminary Considerations for Rebuilding(4 pages) C. Summary of Contents: Biggert-Waters Flood Insurance Reform Act of 2012(5 pages) D. The Dawn of a New Day...Biggert Waters-12,part 1 (4 pages) E. Homeowner's Guide to Retrofitting(2 pages) Additional BW-12 resources are available on the internet. The full 64-page text of the Biggert-Waters Flood Insurance Reform Act of 2012 is available at: htt•://www.cadcon.com/•df/2012 HR4348 flood •ortion.•df. Excerpts from the Planning Commission Agenda and Minutes of April 16,2013: Develop ways to not penalize owners that apply for variances due to the Biggert-Waters Flood Insurance Reform Act of 2012 Mr. Parks Do we have any discussion on this? Mr. Bishop—I would like to make a motion, because of the significance and timeliness of this, that this Biggert- Waters Flood Insurance Reform Act of 2012 be tabled until our next meeting. Mr. Callahan—I would like to see it as a workshop. Mr. Parks — We could meet an hour early next month to start discussion. If we give it an hour in a workshop environment, it serves as a public hearing and it also gives us time to focus on this. Mr. Callahan—Did anybody else have any confusion as to what the Mayor has asked? Mr. Bishop Absolutely. Mr. Parks—Dianne, can we charge you with coming back with a clarification of what the Mayor would like from us? Ms. Otto—Yes. Mr. Parks - I would like a motion that we meet an hour early at the next meeting to discuss the Biggert-Waters Flood Insurance Reform Act. Mr. Bishop—So moved. Mr. Marion—Second. Mr. Parks—All those in favor,please signdy. [Vote was unanimous.] 1 20130926CityCouncilPacket Page 28 of 181 20130920/jrl At the May 21,2013,Workshop... Attendees were: Mayor Jason Buelterman; Planning Commissioners Demery Bishop, Marianne Bramble, Rob Callahan, Tyler Marion, David McNaughton, and Monty Parks; and Dianne Otto. (Current PC member Tom Borkowski was not sworn in until June 18.) The Mayor explained his intent for the Planning Commission's task. BW-12 was discussed. Tyler Marion volunteered to report back with what other jurisdictions were doing. It was decided to invite Jimmy Brown to the next workshop to provide information about repetitive loss properties. Based on page 2 of Flood Insurance Reform Act of 2012: Impact of Changes to the NFIP, it was decided that a Community Rating System (CRS) activity would be worked on by the group to achieve additional credits toward the city's CRS rating. The group decided to meet next on Tuesday, July 16 at 6:00 pm. The July 16, 2013, Workshop was cancelled a few hours prior to 6:00 pm primarily because the Mayor and Jimmy Brown were unable to attend. Review Attachment 1 (3 pages)—5 emails exchanged August 13th regarding my request to Diane Schleicher that Jimmy Brown work with the interested Planning Commission members Review Attachment 2(2 pages)—6 emails exchanged August 28th and 29th 2 20130926CityCouncilPacket Page 29 of 181 20130920/jrl Dianne Otto From: Dianne Otto A-4 0.CI yn ev. Sent: Tuesday, August 13, 2013 4:03 PM 3 pages / To: Jimmy C. Brown Cc: Diane Schleicher 5 e rr,p, I 5) Subject: FW: Planning Commission members &Community Rating System credits Attachments: CRS Manual PPI Committee.pdf; PC members 6.6.13.xls Jimmy—Attached is the contact info for the PC members. Dianne K. Otto, CFM City of Tybee Island Planning & Zoning Manager phone 912.472.5031 fax 912.786.9539 From: Diane Schleicher Sent: Tuesday, August 13, 2013 3:22 PM To: Jimmy C. Brown Cc: Skip Sasser; Mayor Hotmail; Dianne Otto; Monty Parks (mparks @helpendhunger.org) Subject: FW: Planning Commission members &Community Rating System credits Jimmy, My understanding from Step I of this CRS Manual is that you need to establish a PPI committee to work on updating the CRS credits.The planning commissioners are willing to assist you by serving on this task.Their names are as follows: • Tyler Marion • Rob Callahan • Marianne Bramble • David McNaughton • Monty Parks • Demery Bishop • Tom Borkowski (recent addition) Please continue your hard work on the CRS updates to improve the city's ratings.The planning commission members have already publicly expressed their willingness to assist at one of their meetings. Please work with their individual schedules to schedule future meetings perhaps in the late afternoon for their input.They are a great resource. Thanks, Diane P.S. Dianne Otto has all of their contact information if you don't have it. From: Dianne Otto Sent: Tuesday, August 13, 2013 2:26 PM To: Diane Schleicher Subject: RE: Planning Commission members &Community Rating System credits Diane, Like all groups, some folks have jobs and other don't. I just learned from Monty today that he quit working a few weeks ago so his schedule has changed. The PC members that attended the May 21St group meeting_were. Tyler 20130926CityCouncilPacket Page 30 of 181 20Tiu 3 0 trf 1 Marion, Rob Callahan, Marianne Bramble, David McNaughton, Monty Parks, and Demery Bishop. Tom Borkowski had not yet been appointed. The meeting times could be decided between Jimmy and the people that are working with him. The Mayor wouldn't need to attend. My request that Jimmy head the effort is based on him being Tybee's CRS Coordinator. We just discussed this. I'll get a report ready for City Council about the direction the Planning Commission went with BW-12. Dianne K. Otto, CFM City of Tybee Island Planning &Zoning Manager phone 912.472.5031 fax 912.786.9539 From: Diane Schleicher Sent: Tuesday, August 13, 2013 1:28 PM To: Dianne Otto Subject: RE: Planning Commission members &Community Rating System credits Dianne, Is there any way that this group can meet earlier than 6 pm? Could they meeting at 3:30 or 4 pm in the afternoon?This would be better for yours,Jimmy's and Mayor Buelterman? Thanks, Diane From: Dianne Otto Sent: Tuesday, August 13, 2013 1:13 PM To: Diane Schleicher Subject: Planning Commission members &Community Rating System credits Diane, This will be a timeline explanation of a request for help with a group of Planning Commissioners that want to help with the CRS program. On June 28th Jimmy Brown and I attended the "Community Rating System Changes to the New Manual Workshop" in Savannah. The training was by Sue Hopfensperger. She is the ISO Specialist that comes to Tybee and she determines how many credits the city receives for various CRS activities. I choose to get involved with the CRS program to the extent it involves this department. I am required to provide the records to show compliance with FEMA's and Tybee's regulations for new construction and substantial improvements, copies of Elevation Certificates, updated ordinances, etc. Because of the Biggert-Waters Flood Insurance Reform Act of 2012, the Mayor and Council had directed the Planning Commission to identify ways to assist residents with the increasing premiums for flood insurance. The Planning Commission immediately understood the importance of the CRS program as a means to receiving discounted flood insurance rates for home and business owners. Partly their understanding was due to the discussions of the 1-foot freeboard variance for the house that was built too low and the potential impact granting of the variance would have on Tybee's CRS Class 7 rating. Several members of the PC offered to assist with an activity that would entitle Tybee to additional CRS credits. Two meetings have been held. At one meeting the group and I met with the Mayor, and at a separate meeting PC Chair Monty Parks and I met with Jimmy Brown at 4:30 pm so he could give Monty an overview of the CRS program. The next group meeting was scheduled. Jimmy Brown and the Mayor were invited. Jimmy said he 20130926CityCouncilPacket Page 31 of 181 20130920/jrl 2 could not attend the 6 pm meeting and he gave me paperwork for an Open Space Preservation activity which he suggested the group work on. The day of the scheduled meeting the Mayor emailed the group that he couldn't attend, and the Chairman called me to cancel the meeting late that afternoon. The group has since been inactive. At the June 28th workshop Sue explained many CRS activities, including the Program for Public Information. Attached are pages from the CRS Manual about it. I am emailing to request Jimmy Brown take the reins with the PC members that are willing to help with CRS activities. Whether the group works on documenting Open Space Preservation, a Program for Public Information, and/or other CRS activities, could Jimmy coordinate the necessary communications and meetings? Sincerely, Dianne K. Otto, CFM City of Tybee Island Planning & Zoning Manager phone 912.472.5031 fax 912.786.9539 20130926CityCouncilPacket Page 32 of 181 20130920/jrl 3 Dianne Otto From: Dianne Otto II Z, Sent: Monday, September 09, 2013 5:52 PM 0.Gh m 2 I"� To: 'Monty Parks' ( 2. p p J eS/ Subject: FW: FEMA (.4 em Q, IS) Attachments: FW: Planning Commission members &Community Rating System credits Monty— Please review the highlighted emails below and the earlier emails that are attached. I am mighty confused by Jimmy Brown's response that the interested Planning Commission members are not going to work on an activity (or activities)that would result in credits toward Tybee's CRS rating. I have to give an update to the Mayor and City Council on September 26th, so it's important I get to an understanding of the plan going forward. What is going on? Dianne K. Otto, CFM City of Tybee Island Planning &Zoning Manager phone 912.472.5031 fax 912.786.9539 From: Diane Schleicher Sent: Thursday, August 29, 2013 4:35 PM To: Jimmy Brown External Cc: Dianne Otto; Mayor Hotmail; Jimmy C. Brown; Dianne Otto Subject: RE: FEMA Jimmy, Thanks for the update. Thanks, Diane From: Jimmy Brown [mailto jcbrown31328@ gmail.com] Sent: Thursday, August 29, 2013 4:28 PM To: Diane Schleicher Cc: Dianne Otto; Mayor Hotmail; Jimmy C. Brown; Dianne Otto Subject: Re: FEMA Diane, I met with PC Chairman Monty Parks last week And understood the PC had been requested by Council to look into how the Bigger/Waters Act would effect Tybee Island and to contact other communities nothing involves the PC with anything having to do with CRS Points, Thanks JB On Aug 29, 2013, at 4:12 PM, Diane Schleicher<dschleicher@n,cityoftybee.org>wrote: Dianne, The second meeting is fine, as planned. Thanks, Diane 20130926CityCouncilPacket Page 33 of 181 20130920/jrl 1 From: Tybeelady [mailto:tvbeelady(abellsouth.net] Sent: Thursday, August 29, 2013 3:30 PM To: Diane Schleicher Cc: Mayor Hotmail; Jimmy C. Brown; Dianne Otto Subject: RE: FW: FEMA Dianne- II can report at the second CC meeting in September about the discussions that resulted in the C members identifying they want to work on a CRS activity to cam more credits toward Tybee's CRS, -lass. If you want the report at the first meeting, let me know. Jimmy has the list of repetitve loss properties. The PC isn't addressing those. Dianne Otto Sent from my Samsung smartphone on AT&T Original message Subject:FW: FEMA From:Diane Schleicher<dschleicher@a,cityoftybee.org> To:Dianne Otto <Dotto@cityoftybee.org> Cc:Mayor Hotmail <buelterman@hotmail.com>,"Jimmy C. Brown" <JCBrown@a,cityoftybee.org> Dianne, Are you ready to report to the mayor and city council regarding the planning commission's work on FEMA? Please see Mayor 8uelterman's email below. Thanks, Diane From: Jason Buelterman [mailto:buelterman @hotmail.com] Sent: Wednesday, August 28, 2013 1:37 PM To: Diane Schleicher Subject: FEMA can you ask jimmy/dianne to give me an update on the work of TEMA and the planning commission re flood insurance. i am particularly interested in any work being done to identify repetitive loss properties and what we can do to address these. thanks. -jason This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.If you are not the named addressee you should not disseminate,distribute or copy this e-mail.Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island.The recipient should check this email and any attachments for the presence of viruses.The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email.City of Tybee Island P.O.Box 2749 Tybee Island,GA 31328 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.If you are not the named addressee you should not disseminate,distribute or copy this e-mail.Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island.The recipient should check this email and any attachments for the presence of viruses.The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email.City of Tybee Island P.O.Box 2749 Tybee Island,GA 31328 20130926CityCouncilPacket Page 34 of 181 20130920/jrl 2 2 . • - rt Flood Insurance Reform Act of 2012 #44Ha sS Impact of changes to the NFU) Note: This Fact Sheet deals specifically with Sections 205 and 207 of the Act. In 2012, the U.S. Congress passed the Flood Insurance Reform Act of 2012 which calls on the Federal Emergency Management Agency (FEMA), and other agencies, to make a number of changes to the way the NFIP is run. As the law is implemented, some of these changes have already occurred, and others will be implemented in the coming months. Key provisions of the legislation will require the NFIP to raise rates to reflect true flood risk, make the program more financially stable, and change how Flood Insurance Rate Map (FIRM) updates impact policyholders. The changes will mean premium rate increases for some—but not all -- policyholders over time. Background: In 1968, Congress created the National Flood Insurance Program (NFIP). Since most homeowners' insurance policies did not cover flood, property owners who experienced a flood often found themselves financially devastated and unable to rebuild. The NFIP was formed to fill that gap. To ensure the program did not take on unnecessary risks, one of the key requirements to participate in the program was that communities had to adopt standards for new construction and development. Pre-existing homes and businesses, though, could remain as they were. Owners of many of these older properties could obtain insurance at lower, subsidized, rates that did not reflect the property's real risk. In addition, as the initial flood risk identified by the NFIP has been updated over the years, many homes and businesses in areas where the revised risk was determined to be higher have also received discounted rates. This "Grandfathering" approach prevented rate increases for existing properties when the flood risk in their area increased. Fast forward 45 years, flood risks continue and the costs and consequences of flooding are increasing dramatically. In 2012, Congress passed legislation to make the National Flood Insurance Program more sustainable and financially sound over the long term. What this means: The new law eliminates some artificially low rates and discounts which are no longer sustainable. Most flood insurance rates will reflect full risk, and flood insurance rates will rise on some policies. Actions such as buying or selling a property, or allowing a policy to lapse, can trigger rate changes. You should talk to your insurance agent about how changes may affect your property and flood insurance policy. There are investments you and your community can make to reduce the impact of rate changes. And FEMA can help communities lower flood risk and flood insurance premiums. What is Changing Now? Most rates for most properties will more accurately reflect risk. Subsidized rates for non- primary/secondary residences are being phased out now. Subsidized rates for other classes of properties will be eliminated over time, beginning in late 2013. There are several actions which can March 2013 1 20130926CityCouncilPacket Page 35 of 181 20130920/jrl Federal Emergency Management Agency trigger a rate change, and not everyone will be affected. It's important to know the distinctions and actions to avoid, or to take, to lessen the impacts. Not everyone will be affected immediately by the new law—only 20 percent of NFIP policies receive subsidies. Talk to your agent about how rate changes could affect your policy. • Owners of non-primary/secondary residences in a Special Flood Hazard Area (SFHA) will see 25 percent increase annually until rates reflect true risk— began January 1, 2013. • Owners of property which has experienced severe or repeated flooding will see 25 percent rate increase annually until rates reflect true risk— beginning October 1, 2013. • Owners of business properties in a Special Flood Hazard Area will see 25 percent rate increase annually until rates reflect true risk-- beginning October 1, 2013. Owners of primary residences in SFHAs will be able to keep their subsidized rates unless or until: • You sell your property; • You allow your policy to lapse; • You suffer severe, repeated, flood losses; or • You purchase a new policy. Grandfathering Changes Expected in 2014 The Act calls for a phase-out of discounts, including grandfathered rates, and a move to risk-based rates for most properties when the community adopts a new Flood Insurance Rate Map. So if you live in a community that adopts a new, updated Flood Insurance Rate Map (FIRM), discounts—including grandfathered rates --will be phased out. This will happen gradually, with new rates increasing by 20% per year for five years. Implementation is anticipated in 2014. What Can Be Done to Lower Costs? For home owners and business owners: • Talk to your insurance agent about your insurance options. • You'll probably need an Elevation Certificate to determine your correct rate. • Higher deductibles might lower your premium. • Consider remodeling or rebuilding. • Building or rebuilding higher will lower your risk and could reduce your premium. • Consider adding vents to your foundation or using breakaway walls. • Talk with local officials about community-wide mitigation steps. For community officials: • Consider joining the Community Rating System (CRS) or increasing your CRS activities to lower premiums for residents. • Talk to your state about grants. FEMA issues grants to states which can distribute the funds to communities to help with mitigation and rebuilding. March 2013 2 20130926CityCouncilPacket Page 36 of 181 20130920/jrl • r • Changes in the Flood Insurance Program �. Preliminary Cons idera Lions for Rebuilding : FEMA Question: How has the flood insurance program changed and what does it mean to me? Answer: On July 6, 2012, a law took effect that made significant reforms to the National Flood Insurance Program(NFIP). Among other things, this law requires FEMA to take immediate steps to eliminate a variety of existing flood insurance subsidies. Under the new law, flood insurance premium rates on many properties in special flood hazard areas will increase. The new rates will reflect the full flood risk of an insured building and some insurance subsidies and discounts will be phased-out and eventually eliminated. Rates on almost all buildings that are, or will be, in special flood hazard areas will be revised over time to reflect full flood risks. Based on various conditions set forth in the law, subsidies and grandfathered rates will be eliminated for most properties in the future. Subsidies will be phased out for the following types of properties: non-primary residences, severe repetitive loss properties, business properties, and properties that have incurred flood- related damages where claims payments exceed the fair market value of the property. Policy rates will also increase based on one or all of the following circumstances: • After a change of ownership; • After there is a lapse in insurance coverage; • When a new or revised flood insurance rate map is issued; or • If there is substantial damage or improvement to a building. Q: How are flood insurance premiums changing under the new law and who will it impact? A: Starting January 1,2013,premium rates for subsidized non-primary residences will begin increasing. Rates will increase 25%per year until they reflect the full risk-rate. Later in 2013, there will be premium rate increases for additional categories of subsidized properties, including business properties, substantially damaged or improved properties, severe repetitive loss properties,and any property that has incurred flood-related damages where claim payments exceed the fair market value of the property. Rates for these additional categories of properties will phase in at a rate of 25%per year until they reflect full risk rates. Additionally, in late 2013, FEMA will begin to apply full risk rates to policies written for newly- purchased property. Beginning in 2014, premium rates for other properties, including non-subsidized properties, will increase as new or revised flood insurance rate maps become effective and full risk rates are phased in for these properties. These premium rate increases will include properties in areas that have received new or revised flood insurance rate maps since July 6, 2012 (the date of enactment Early Considerations for Rebuilding 20130926CityCouncilPacket Page 37 of 181 20130920/jrl Changes in the Flood Insurance Program Preliminary Considerations for Rebuilding FEMA of the new law). Additionally, even if you build to minimum standards today, you will be subject to significant rate increases upon remapping if your flood risk changes in the future. Q: What is a subsidized policy? A: A subsidized policy is one that does not pay the full actuarial rate and is not reflective of the true risk of flood to that property. Homes located in a high-risk flood zone (i.e., zones beginning with an"A"or"V") and built before the first flood insurance rate map became effective, and that have not been substantially damaged or improved, may currently be receiving subsidized flood insurance premium rates. Talk to your insurance agent for help determining your specific situation, or for more information check the FEMA Map Service Center to view a Map showing which zones your property may be located in at www.msc.fema.gov. Q: What determines my flood risk? A: Flood risk is unique to each structure and depends upon factors such as the elevation of the property relative to predicted flood levels,the construction style of the building, and the flood risk zone. FEMA publishes flood hazard maps that show predicted flood levels and flood risk zones based on historical climate information and the best available science. Some common examples of Special Flood Hazard Areas include coastal floodplains, floodplains along major rivers, and areas subject to flooding from ponding in low lying areas. FEMA provides flood risk information to communities to adopt into their ordinances. Your community permitting official will help inform you of your community's current building standard. However, as discussed below, risk changes over time and building higher than your community's minimum requirements could result in lower flood insurance premiums and reduced flood risk. Q: How might my flood risk change or how has it already changed? A: Risk changes over time as conditions in the community change. Physical changes can affect how much water reaches flooding sources, how far the water spreads when floods occur, or the manner in which buildings and infrastructure are exposed to a flooding source. Much of the risk analysis depends on historical data and on the potential severity of flooding over time. As newer data are collected (particularly when severe, rare events occur), the expected chance or severity of flooding derived by analyzing these data changes. The scientific methods and technology used to analyze and map flood risk also continue to improve and may affect predicted flood hazard levels and floodplain boundaries. Over the past few years, FEMA has been restudying areas of the New Jersey and New York coastlines in order to update the currently effective Flood Insurance Rate Maps (FIRMs)to reflect changes to the physical, climatological, and scientific baseline that have occurred since Early Considerations for Rebuilding 20130926CityCouncilPacket Page 38 of 181 20130920/jrl Changes in the Flood Insurance Program * FEMA Preliminary Considerations far Rebuilding; the prior map updates. These updated maps were set to be delivered to state and local officials in mid-2013. Since existing FIRMs for these areas were developed more than 25 years ago, and because updated FIRMs are yet to be finalized, it is vital to provide near-term Advisory Base Flood Elevations (ABFEs)to support reconstruction efforts in the near term. Therefore, FEMA is accelerating the flood risk mapping process in coastal New Jersey and New York to provide communities with advisory base flood elevations. This information is intended to help communities and property owners make informed decisions about rebuilding their homes and businesses. Ultimately, new maps will be developed that incorporate this advisory data. This may result in new, higher flood elevations or a new, higher risk flood zone designation. These flood elevations and flood risk zones affect the minimum building requirements in the communities and the flood insurance rates charged. ABFEs will be available to communities in the following areas: • New Jersey Counties: Atlantic, Bergen,Burlington,Cape May,Essex,Hudson,Middlesex, Monmouth,Ocean, and Union. • New York Counties: Bronx,Kings,New York,Richmond, Queens, and Westchester. For more information on updated flood mapping, visit www.Region2Coastal.com. Q: How can I save money on flood insurance? A: Save money on flood insurance by reducing your flood risk. Flood insurance premiums are based on flood risk. Therefore as flood risk increases, flood insurance premiums also increase. Home and business owners whose properties have been flooded must make important decisions about repairing, rebuilding, or relocating their building. One choice would be to repair or rebuild to current standards. However, if advisory base flood elevations indicate that elevations have changed, or if other factors in the future cause the flood elevations to rise, these home and business owners would be missing out on a significant opportunity to mitigate their future flood risk and thereby lower their future flood insurance premiums. One specific way for you to reduce future losses and your premium is to raise your building above the minimum required elevation standards or to floodproof your non-residential building. Flood insurance premiums are lower for buildings in high-risk areas that are elevated above minimum requirements, so rebuilding higher provides immediate flood insurance benefits. Generally,the higher a building is elevated above flood levels,the lower the cost of flood insurance. Additionally, depending on where you live, other ways to reduce premiums could include adding vents to enclosures, installing breakaway walls, or relocating your structure further from the flood source if possible. Flood zone designations can also change as flood risk changes. The flood zone that is designated for a structure can dictate the construction methods required to receive reduced flood insurance rates. For example, newly-constructed or substantially improved structures in V-zones must be Early Considerations for Rebuilding 20130926CityCouncilPacket Page 39 of 181 20130920/jrl Changes: in the Flood Insurance Program ==: Prelim- nary Considerations for Rebuilding - EMA elevated on post,piers, or pilings. Because zone designations can change, FEMA recommends that those living near existing V zones consider rebuilding using posts, piers, or pilings. As new maps are developed, it is possible that structures not previously located within a special flood hazard area will be designated as such, and will therefore be required to obtain flood insurance. Under the new law, a new flood insurance policy may not be subsidized and, therefore, the owner will pay full risk rates. Residents, business owners, and community leaders should take a close look at their current flood risks and consider how those risks might change in the future. Because insurance costs will increase with rising flood risk and hazards, keeping insurance costs in check will mean being more proactive in reducing flood risk and going beyond mere compliance with federal minimum floodplain management requirements. Adopting higher standards and building back stronger and safer are key strategies for reducing the cost of flood insurance. To learn how to build safer and stronger and potentially decrease your flood insurance premiums, visit: www.fema.gov/building- science/hurricane-sandy-building-science-activities-resources. Q: Does FEMA have any programs that can help me reduce my risk and save money on flood insurance? A: Yes, there are three FEMA programs that may directly or indirectly result in flood insurance discounts to policyholders: FEMA provides hazard mitigation grants to states for activities such as structure elevation, property acquisition, and floodproofing. When completed, these activities can reduce or eliminate risk, which may result in lower flood insurance rates. To learn more about Hazard Mitigation grants visit www.fema..ov/hazard-miti.ation-assistance. The Community Rating System (CRS) offers insurance premium discounts(up to 45%)for individuals in communities implementing floodplain management practices that exceed the minimum requirements of the NFIP. By implementing CRS floodplain management best practices, flood losses are reduced,public safety is enhanced, and the cost of flood insurance is decreased. To learn more about CRS visit http://www.fema.gov/national-flood-insurance program/community-rating-system. Current NFIP flood insurance policyholders in high-risk areas also known as Special Flood Hazard Areas (SFHAs), might get up to $30,000 to help pay the costs to bring their home or business into compliance with their community's floodplain ordinance if their structure has been declared substantially damaged from a flooding event. This insurance coverage is known as Increased Cost of Compliance and can help pay the cost of floodproofmg, elevation, relocation, or demolition. In some cases, ICC funds can be used as a non-federal cost share for other FEMA grants. Each of these options will reduce risk, which could result in lower flood insurance rates. Early Considerations for Rebuilding 20130926CityCouncilPacket Page 40 of 181 20130920/jrl a. C5. PQ9es) Summary of Contents Biggert-Waters Flood Insurance Reform Act of 2012 H.R. 4348 Conference Report Title III (Pages 521-576) Signed by the President July 6, 2012 (compiled by ASFPM Vice Chair Bill Nechamen and Merrie Inderfurth,Washington Liaison—using Congressional committee Section-by-Section) in addition to bill language. The authority of the National Flood Insurance Program(NFIP)is extended for 5 years until September 30, 2017. The bill contains many reforms and changes,many of which are already generating questions as to intent, interpretation and implementation. While a summary is helpful,reading the actual bill text is recommended. Flood Insurance Removes subsidized rates(pre-FIRM rates)for the following classes of structures and allows rates to increase by 25%per year until actuarial rates are achieved: The effective date is July 1, 2012. • Any residential property that is not the primary residence of an individual • Any severe repetitive loss property • Any property that has incurred flood related damages that cumulatively exceed the fair market value of the property • Any business property • Any property that after the date of the Bill has incurred substantial damage or has experienced "substantial improvement exceeding 30 percent of the fair market value of the property. • Any new policy or lapsed policy, or any policy for a newly purchased property. • Any policy for which the owner has refused a FEMA mitigation offer under HMGP,or for a repetitive loss property or severe repetitive loss property. o Severe Repetitive Loss means four or more claims payments of over$5,000 or two claims that exceed the value of the property. Increases the limit for annual rate increases within any risk classification of structures from 10 percent to 20 percent. Effective date is July 1, 2012. Defines Severe Repetitive Loss properties for single family residences as 4 or more claims, each for more than$5,000 and cumulatively more than$20,000. For multi-family residences,the Director may provide a definition by regulation. Allows for premium payments either annually or in more frequent installations. Places limits on a bank's force placement of flood insurance. Forced placed insurance would be cancelled and the premiums refunded upon proof of a borrower's existing flood insurance coverage. 1 20130926CityCouncilPacket Page 41 of 181 20130920/jrl When flood maps change, a property that has higher rates as a result of a new map shall have the new rates phased in over a five-year period at 20%per year. .Premium rate adjustments due to map changes take effect on the effective date of the new map. Lender penalties for non-compliance with mandatory flood insurance purchase requirements is increased from$350 to$2000 per violation, and the limit of fines for any lending institution over a calendar year is removed. It was $100,000. Minimum annual deductibles on claims are changed to$1500 for coverage up to $100,000 and$2000 for coverage over$100,000 for pre-FIRM properties, and$1,000 and$1,250 for below and above$100,000 coverage for post-FIRM properties. Rates must be set to cover the average historical loss year, including catastrophic loss years, in accordance with generally accepted actuarial principles. (That would also increase rates since the increase in flood damages has meant that rates do not cover the historical average loss year.) Requires FEMA to establish a National Flood Insurance Reserve Fund of at least one percent of the total potential loss exposure. This fund would be built by 7.5%of the reserve ratio required each year. Allows FEMA to report to Congress if such goals cannot be met and to explain the reasons. Requires a ten-year repayment plan for the current insurance fund debt and also requires a report and repayment plan whenever FEMA has to borrow funds to pay NFIP claims.. Clarifies that private flood insurance may satisfy flood insurance coverage requirements if it meets certain standards.. Allows state sponsored nonbinding mediation of flood insurance claims disputes, and would require NFIP representatives to participate. Amends the Real Estate Settlement Procedures Act(RESPA)to require explanation of the availability of flood insurance under the NFIP or through private insurance for properties both in and out of Standard Flood Hazard Areas (SFHAs). Establishes reporting requirements associated with reimbursement of expenses for Write Your Own (WYO)insurance companies. Directs the FEMA Administrator to develop a methodology for calculating expense reimbursement within 180 days and to issue a rule within 12 months. Establishes a process involving the National Oceanographic and Atmospheric Administration(NOAA)to allocate tropical storm and hurricane damages between wind and water damage. (This is Subtitle B of Title III and is entitled"Alternative Loss Allocation". This is derived from previously introduced legislation known as"The Coastal Act". It's provisions are found on pages 576-585.) Mapping Establishes a Technical Mapping Advisory Council with membership coming from a wide range of professions, including federal agencies and state and local mapping partners. The Council would advise 2 20130926CityCouncilPacket Page 42 of 181 20130920/jrl FEMA on improving accuracy, on standards that should be adopted for flood maps, data and map maintenance and on funding needs and strategy. . It would also develop recommendations within 1 year for future conditions mapping, including impacts of sea level rise and future development on flood risk. FEMA is required to incorporate such recommendations into the ongoing review and updating of flood maps. Establishes an on-going National Flood Mapping Program. Requires that flood maps show 100-year and 500-year floodplains for all populated areas and areas of possible population growth, as well as areas with residual risk behind levees or below dams. Also requires mapping of the level of protection provided by flood control structures. Requires that new flood maps use the most accurate topography and elevation data available. Also requires acquisition of new ground elevation data when necessary. Requires development of flood data on a watershed basis. Requires FEMA to notify property owners when their properties are included in, or are removed from an area covered my mandatory insurance purchase requirements. Also requires notification of Senators and House Members whose States or Districts are affected by map changes. There is an authorization of$400,000,000 for flood mapping per year for fiscal years 2013—2017. (This is an authorization level—not to be confused with actual annual appropriations.) Formalizes a Scientific Resolution Panel to arbitrate when a community has received an unsatisfactory ruling with respect to an appeal of a revised flood insurance rate map. Appeals must be based on technical or scientific data. Removes limitations on state contributions to updated flood mapping. (Previously,there was a limit of a 50% state contribution to the costs of new flood maps. This has resulted in some states in states developing mapping data but FEMA being unable to use it to produce new maps.) Requires a study on federal interagency coordination of flood mapping, including collection and utilization of data among all governmental users. Mitigation Programs Consolidates NFIP funded mitigation programs (Repetitive Flood Claims, Severe Repetitive Loss Properties,Flood Mitigation Assistance)into a single program. The combined National Flood Mitigation Fund is to be funded at $90 million per year. (While the old Flood Mitigation Assistance and pilot Severe Repetitive Loss program were funded at up to $40 million per year each and the Repetitive Flood Claims program at up to $10 million,the SRL program has never been fully utilized in part due to its complexity. The new program simplifies and combines the three previous programs and includes the following: Allows the required Flood Mitigation Plan to be part of a community's multi-hazard mitigation plan. Removes beach nourishment as an allowed mitigation activity. Adds elevation,relocation or floodproofing of utilities as allowed mitigation activities. 3 20130926CityCouncilPacket Page 43 of 181 20130920/jrl Adds demolition and rebuild as an allowed mitigation activity. Specifically notes the capacity for"direct"grants if the Administrator, after consulting with the State and community, determines that neither has the capacity to manage the mitigation grant. Caps the use of mitigation grant funds for state mitigation plan development at $50,000 and at$25,000 for a community. Provides for denial of grant funds if not obligated(paid out)in 5 years. (This is due to Congressional concern about unobligated balances.) Specifically restates 2004 Reform bill provision prohibiting offsetting collections to fund these mitigation programs. Restructures federal share requirement: Up to 100%for severe repetitive loss structures. (4+Claims of over$5000 or 2+claims exceeding value of structure) Up to 90% for repetitive loss structures. (2 claims over 10 years averaging at least 25%of value of structure) Up to 75% for other approved mitigation activities. Levees Establishes a Flood Protection Structure Accreditation Task Force in cooperation with the Corps of Engineers. The Task Force is charged with better aligning the information collected by the Corps of Engineers' Inspection of Completed Works Program with FEMA's flood protection structure accreditation requirements. The Task Force must develop a process that allows data collected for either purpose to be used interchangeably, and to allow data collected by the Corps of Engineers under the Completed Works Program to be used to satisfy the FEMA accreditation requirements. (This is not meant to reduce the level of public safety and flood control provided by accredited levees. However the Task Force is charged with considering changes to the information collected by the Corps of Engineers and the FEMA flood protection accreditation requirements.) FEMA and the Corps of Engineers must implement the measures developed by the Task Force within one year and complete implementation within two years. Allows for flood insurance premiums to reflect premiums in fully protected areas in communities that are deemed to have made adequate progress in the reconstruction or improvement of a flood protection system. Flood In Progress Determinations FEMA is required to develop a process for determining when a flood event has commenced for the purpose of flood insurance coverage. (Generally a new policy becomes active in 30 days unless purchased as part of a real estate closing. Due to recent long lasting floods,particularly in the Mississippi and Missouri basins, where flooding can begin upstream more than a month before downstream areas 4 20130926CityCouncilPacket Page 44 of 181 20130920/jrl flood, there has been confusion as to the meaning of"flood in progress"as related to coverage under newly purchased flood insurance policies.) Studies. An assortment of studies are required including: • Analysis of increasing the maximum residential and commercial structures, including the availability in the private marketplace of flood insurance in amounts that exceed current NFIP coverage limits. • Annual program financial reports, including efforts to purchase substantially damaged properties and detailed analyses of the nature of losses. • A GAO report on Pre-FIRM structures,including length of ownership, income of owners, comparison of flood losses to those of post-FIRM structures,the cost of subsidies to pre-FIRM structures, and options for eliminating subsidies. • A GAO report on the three largest contractors FEMA uses to administer the NFIP. • A study by the National Academy of Sciences on graduated risk behind levees. • A separate FEMA and GAO study of reinsurance and privatization of the NFIP. • A GAO study on business interruption and additional living expenses coverage. • A FEMA study of amending the legislation to use national recognized building codes as part of the floodplain management criteria. • A FEMA—National Academy of Sciences study of encouraging maintenance of flood insurance and methods for establishing an affordability framework for flood insurance, including targeted assistance. • A Federal Insurance Office study of the current market for natural catastrophe insurance in the United States, including issues of affordability. Building Code Enforcement Allows use of Community Development Block Grant funds for increasing staffing and training for local building code enforcement, and to provide flood hazard and flood insurance information to residents. 5 20130926CityCouncilPacket Page 45 of 181 20130920/jrl b. (LI p cl e • • � The Dawn of A New D y ■ ■ BIGGERT-WATERS-12 PART 1 Y 1 s -14 C • • endy Lathrop and Barton Some of the changes to come out of BW-12 Crattie did an excellent have already occurred and many more are The h,# job describing the Biggert- yet to come—those being implemented in the 1-, v ic1 c a'-,,t �' Waters Flood Insurance coming months of this calendar year:Probably 9codlnsuranceReformAct .,r 1 ,,c,b i "4 F Reform Act of 2012 the biggest attention getter,at least as it (what I lovingly refer to concerns the American public at large,is the as BW-12) and its impact on land surveyors in rate increases in the National Flood Insurance .•t the Vol 9,No 8 edition of The American Surveyor. Program(NFIP)—rate increases which will be I am not totally sure that anyone realizes yet the implemented pursuant to the BW-12 legislation full impact of this legislation not only to survey- and that are intended to more closely reflect the ors,but lenders,home owners,business owners, "true flood risk"of the structure being insured. insurance agents and anyone remotely involved The rate increases will affect some,but not all,of in the flood insurance business. the NFIP policyholders. Top:When a community As different parts of BW-12 are implemented locates recreational facili- by FEMA,surveyors are going to see a rise in New Rate Increases on the Horizon for Many ties along the river,it helps requests for Elevation Certificates.Consequently, Flood Insurance Policy Holders of Older Buildings when they are designed it is important that surveyors not only stay According to FEMA,"the new law encourages to flood. The Augusta informed about how BW-12 affects flood insur- Program financial stability by eliminating some Riverfront Amphitheatre ance premiums,but also know the mitigation artificially low rates and discounts."Except during flooding along the options that home and business owners can do for mainly primary residential homes,flood Savannah River,July 2013. to offset non-compliant structures located in a insurance premiums for structures built before Photo by Tent z Turne, high-risk Special Flood Hazard Areas (SFHAs). the community's first Flood Insurance Rate Map By Terri L Turner, AICP, CFV 201309 p odritlliboitOmission• Vie American Surveyor rDWO.41 NO89•Copyright 2013 Cheves Media•www.Amerigortfo920/y1 20/jrl )1 — - -- — (known as pre-FIRM)that currently property will see 25 percent rate could be very profound.For that reason, receive subsidized premiums will now increase annually until rates reflect a number of experts and organizations move toward full risk rates."Actions true flood risk-beginning October have encouraged damaged home and such as buying a[pre-FIRM]property, 1,2013. business owners to"rebuild safer,higher allowing a policy to lapse,or purchasing • (It is important to note that each and stronger" a new policy can trigger rate changes. property's risk is different.Some More intense and frequent storm Rates for most properties will more policyholders may reach their true risk events are increasing the risk to future accurately reflect risk.Subsidized rates rate after a couple years of increases, flood damages in a lot of areas.For that for non-primary/secondary[pre-FIRM] while other policyholder increases may reason higher flood ordinance standards, residences are being phased out now go beyond five years to get to the full stronger building codes,and Advisory Subsidized rates for certain other risk rate required by the new law.) Base Flood Elevations(ABFEs) after classes of[pre-FIRM]properties will be flood disaster events are becoming the eliminated over time,beginning in late Primary[pre-FIRM]residences norm,rather than the exception. [October]2013." in SFHAs will be able to keep their "Not everyone will be affected subsidized rates unless or until: Digging out of a Financial Hole immediately by the new law-only Of course,these rate increases will have 20 percent of NFIP policies receive • The property is sold(subsidized a plus side,as well,hopefully bringing subsidies",FEMA reports. rates cannot be assigned to the new the NFIP out of the 25 billion dollar hole Those property owners affected by owner); (post-Sandy)it has gotten itself into since rate increases include: • The policy lapses; Katrina,and making the NFIP more • The structure suffers severe or sustainable and financially stable over time. • Owners of subsidized policies on repeated flood losses;or Push-back to the BW-12 legislation [pre-FIRM]non-primary/secondary • A new policy is purchased. has already begun in a number of residences in a Special Flood Hazard states and with a number of pieces of Area(SFHA)will see 25 percent New and renewal policies within these legislation,specifically aimed at the increases annually until rates reflect classifications on or after the enactment affordability issue.As recently as April true risk-began January 1,2013. of BW-12 will be issued at full-risk rates of this year,organizations like the About 400,000 non-primary homes starting October 1,2013. Association of State Floodplain will move toward actuarial rates. Further,the changes to grandfathering Managers (ASFPM)have weighed in on • Owners of subsidized policies on rates (for those that had been affected the affordability issue(floods.org/index. [pre-FIRM]properties that have by map changes) are expected to be asp?menulD�51#Flood_Insurance_ experienced severe or repeated implemented in late 2014 and will be Affordability),but it's anybody's guess flooding or that have been substan- phased out over 5 years,with a 200/0 right now what Congress will do over tially improved will see 25 percent per year increase to reach full risk rates, the next few months.Not knowing rate increase annually until rates according to FEMA. whether any of these Ouster's-last-stand- reflect true risk-beginning October (Reference:bw12_sec-205 207_ type legislative mechanisms will work,it 1,2013. factsheet4_132013[1].pdf;bw_time- is best to prepare now for the inevitabili- • Owners of subsidized policies on line_table_04172013[1].pdf;and h-gac. ties of the future. [pre-FIRM]business/non-residential corn/community/water/time/fast/meetings/ properties in a Special Flood Hazard fast_2013-04-17_presentation.pdf) Homeowners and Businesses Owners Area(SFHA)will see 25 percent As of January 1,2013,Preferred Risk Can Prepare Now for the New Rates rate increases annually until rates Policies (PRPs)issued on properties Extensive media coverage of events reflect true flood risk-beginning newly mapped into high-risk areas like Katrina,Rita,Irene,and Sandy October 1,2013. may continue beyond the previously has hopefully taught the American • Owners of subsidized policies designated two-year period until FEMA public that Mother Nature does not on[pre-FIRM]severe repetitive completes its analysis and implements a read flood maps and that flooding can loss properties consisting of 1-4 revised premium structure put in place and will occur outside of the specified residences will see 25 percent rate with BW-12,but these are expected to be "line on the flood map".Additionally, increases annually until rates reflect completely eliminated,along with grand- testimonials from these same flood true flood risk-beginning October fathering,by late 2014.Meanwhile, events have hopefully dispelled the 1,2013. FEMA will be increasing PRP Extension notion that if a home or structure • Owners of any[pre-FIRM]property premiums by 20%,starting October 1, does flood that flood insurance and that has incurred flood-related dam- 2013. (floodsmart.gov) community support agencies will"make age in which the cumulative For policy holders in areas affected them whole again".Flooding is,and amounts of claims (payments) by recent storm and disaster events,the continues to be the nation's#1 natural exceeds the fair market value of the new flood insurance policy rate increases disaster with homeowners having a 2013092W*14-foti p sion• The American Surveyorpa 140011•4 •Copyright 2013 Cheves Media•www.Amer MONO/jrl Under the Flood Insurance Reform Act of 2012,You Could Save More than $90,000 over 10 Years if You Build 3 Feet above Base Flood Elevation* PREMIUM AT 4 FEET BELOW PREMIUM AT PREMIUM AT 3 FEET ABOVE BASE FLOOD ELEVATION BASE FLOOD ELEVATION BASE FLOOD ELEVATION $9,500/year $1,410/year $427/year $95,000/10 years $14,100/10 years $4,270/10 years y 1 L 4 _ 7 og — --1 _mil= B F E 11. �� B F E BFE 's 5fi1,f1S1I1l'tlikfiu 1.00.Tagt•[pall fclut.,not 1111 kick.l:(t111t'11iS1,AI: (111;14 lc?IIYr1(Il9'au:ris4.) f.rrllr',SIllgic th1111ll,Iai1r- lnl} ,Ini,11cr1 uiiIi ill a Ita'l•tllcnt aL'4 fe.tt I+cltlx ba;r Hittnl lilt*.flan IIi1[-};at 13y} anti at 5 It.-0 aIWM'BEE (Rating itcr 11`\far fine„I 11,111 tlr: !111111[.1{.V4.ti.1+1.r 1,30111,T11t'llllt:rraL4i111 al[(DAL:is itl'i,rl int a.Sla14l1arrl Nati,mai 11t[[I4I LilMlr;l1-ill.'Prlr ralkk iti'P.E1'I :h.Ili.I:IJ[ "A primary way to reduce or avoid future flood losses is to raise your building above the Base Flood Elevation(BFE) BASE FLOOD practices can be found at youtu.be/ V2Tw8nVRH1c. FEMA/NFIP's Build Back Safer and ELEVATION (BFE) • Third,flood mitigation techniques Stronger brochure after Hurricane Sandy. ><,r<w.4i. /enuinessip .r eyfema The elevation shown on the Hood should be explored.These methods brodaure_9fficejnalpdf Insurance Rate Map(FIRM)for can include: sigh-risk flood zones("A"and"V„ Raising the structure above the 1-in-4 chance(or greater depending on Base Flood Elevation(BFE)–this the area) of flooding within the span of zones)indicates the water surface will reduce flood insurance a 30-year mortgage.Just a few inches of elevation resulting from a flood that premiums and potentially save water inside a structure can cost tens of has a 1 percent annual chance of 85 percent or more in the cost thousands of dollars in damage–damage equaling or exceeding that level in of a flood insurance policy and, a standard homeowners policy does not any given year subsequently,save thousands of cover.Yet,thousands of Americans have dollars over the life of a home lost their home,all of their possessions, or business.In many cases,the and their lifetime investment in the blink cost of elevating the structure of an eye,as a disastrous flood event • First, (and that's where the survey- will be saved in a few years occurs at their doorstep. ors come into play)an Elevation through reduced flood insurance According to Dennis Mileti,Professor Certificate needs to be secured for premiums (see the FEMA Emeritus at the University of Colorado the structure to assess the true flood illustration above). at Boulder where he served as the risk of the property and to deter- Adding flood openings to the Director of the Natural Hazards Center mine the correct flood insurance walls of the structure below the and as Chair of the Dept of Sociology, policy rate for the structure. Finished Floor Elevation(FFE) "People are more likely to take actions • Second,meeting building code It should be noted that flood if you show that those actions can cut requirements and following current openings are required not only their losses if something happens”.With best practices will reduce potential by the NFIP,but also by the that in mind,home owners and business risk to future flood loss.Best national,state and local building owners should talk to their insurance practices involve building above codes,in any enclosed area, agent about how changes might affect code and can include elevation of below the base flood elevation their property and their flood insurance utilities such as hot water heaters, subject to flooding. policy.There is a lot that these property air conditioning units and furnaces. Flood openings/flood vents owners can do to be prepared: A great video on some of these best allow for flood waters to auto- 2013091 edt'il�ission• The American Surveyor P341.0 lid89•Copyright 2013 Cheves Media•wwwArneri tta 20/jrl — 'r° 7' f _ -'7 r- ! 1t /�r4tj iJriibi#+** Foundation flood vents,that allow for the _ automatic entry and exit of floodwaters, - ° `�_—`' I' protect building foundations during a flood event;SmartVent Foundation Flood Vent—the only FEMA-accepted and ICC_ES Certified Flood Vent on the market today;www.smartvent.com. a • matically flow into and = out of enclosed areas and lessen the risk • of structural damage caused by the pressure of floodwaters on exterior walls during a flood event.If flood openings/flood vents are not present,the building's liability from miscalculating insurance,and Today's Surveyor in structural integrity is at risk and potentially non-compliant flood Relation to Bi is ert-Waters., the National Flood Insurance openings is eliminated with Program mandates that the risk SmartVents.Each SmartVent of collapse or failure must be has a label on it identifying the A special thanks is extended to Larry insured against. ICC-ES report number,the Larson,ASFPM,and Bruce Bender SmartVent foundation flood model number and the area of and Gary Heinrichs,ASFPM Flood vents are a great mitigation certified coverage—usually 200 Insurance Committee,who graciously (new construction and retrofit) square feet for each SmartVent provided technical editing for the BW- product that can lower flood flood opening. 12 information provided in this article. risk.In retrofit situations, Other mitigation techniques when a structure is not in can include: Terri L Turner,AICP, CFM, is compliance with flood opening Using breakaway walls the Development Administrator/ requirements,and SmartVents below the Finished Floor Floodplain Manager/Hazard Mitigation are installed,the makers of Elevation(F1'E)in V Zones Specialist for the City of Augusta SmartVent estimate an average (zones with velocities associ- (GA) Planning and Development 830/0 savings in flood insurance ated with flood waters) Department. Prior to coming to the premiums for property owners. For commercial structures, "Planning World", Terri spent 16 SmartVent also takes great floodproofing below the years working for civil engineering pride in being the only FEMA- Base Flood Elevation(BFE) and surveying firms and knows Accepted and ICC-ES Certified the importance of surveying to any Flood Vent nation-wide on the A property owner can either pay now development project.Terri is currently market today. in higher standards for new construc- also the Region 4 Director and the Tom Little,Vice President lion,mitigation techniques or retrofit No Adverse Impact (NAI) Committee of SmartVent states that the applications or pay later with increased Co-Chair of the Association of State "return on the investment for flood insurance premiums. Floodplan Managers(ASFPM). the install is experienced in less Next month,in part 2 of this Terri spends much of her free time than 2 years,so it becomes a"no article,we will explore Community touring the nation speaking on sound brainer"for the property owner Investments in Reducing Flood floodplain management, hazard to use our product." Insurance Premiums,the continuing mitigation, climate change adaptation, As an added bonus for problem with A Misinformed Public, and sustainabiity and resiliency surveyors, the elimination of especially when it comes to their flood initiatives for local governments. 201 309 rWi pission• The Amnericma Surveyor PA* Ne089•Copyright 2013 Cheves Media•unaw.Ameri telly9Q0/jrl U o . _ 0 : ., co E . ( 2 pages) 4 ON CA t4 0 H �— ; I j Z:i 6: .ao cz w i n . c o , ' 0 f24 a�,M:-:-S', Z. 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With few exceptions, employees are exempt if paid a guaranteed minimum amount of money that the employee can count on receiving for any work week in which he/she performs any work. That amount must be at least$23,600 per year, on a salary basis and the employee must perform exempt job duties. Employees employed in a bona fide executive, administrative, or professional role are exempt job duties. All of the essential conditions prescribed by the FLSA regulations must be met before an employee may be considered exempt. 2. Non-exempt Employees—Non-exempt employees fall under the overtime Federal Wage and Hour provisions. 3. Public Safety Activities—Those activities covered as fire protection and law enforcement activities. 4. Fire Protection Activities-An employee, including a firefighter,paramedic, emergency medical technician,rescue worker, ambulance personnel, or hazardous materials worker,who is trained in fire suppression,has the legal authority and responsibility to engage in fire suppression, and is employed by the fire department; and is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life,property, or the environment is at risk. Not included in the term are the so-called"civilian"employees of the fire department or employees who engage in such support activities as those performed by dispatchers, alarm operators, apparatus and equipment repair and maintenance workers, camp cooks, clerks, stenographers, etc. 5. Law Enforcement Activities -any employee who is a uniformed or plainclothed member of a body of officers and subordinates who are empowered by State statute or local ordinance to enforce laws designed to maintain public peace and order and to protect both life and property from accidental or willful injury, and to prevent and detect crimes,who has the power to arrest, and who is presently undergoing or has undergone or will undergo on-the-job training and/or a course of instruction and study which typically includes physical training, self-defense,firearm proficiency, criminal and civil law principles,investigative and law enforcement techniques, community relations,medical aid and ethics.Not included in the are the so-called"civilian" employees of law enforcement agencies who engage in such support activities as those performed by dispatcher,radio operators, apparatus and equipment maintenance and repair workers,janitors, clerks and stenographers. 20130926CityCouncilPacket Page 52 of 181 20130920/jrl B. Policy Specifics: FLSA overtime requirements do not apply until a non-exempt employee works 40 hours in a week. Only time worked is counted and time not worked, for whatever reason, is not counted. Non- exempt employees are eligible to receive overtime pay after working 40 hours in a one week period. Non-exempt public safety, emergency response, or seasonal employees are eligible to receive overtime pay after working 84 hours in a 14 day work period. It shall be the city's policy to accrue compensatory time(comp time) in lieu of payment for overtime hours worked by non-exempt employees to reduce the cost of overtime wages and to assist employee productivity and effectiveness without extra cost to the city. All existing employees and new hires will be informed and give written notice of the policy. Comp time is defined as time off granted to non-exempt employee to offset hours worked by the employee over and above those required in the normal course of employment. Exempt employees are not allowed to accrue comp time. C. Overtime All overtime work must receive the employee's supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. Non-exempt employees will be compensated overtime pay in accordance with federal and state wage and hour restrictions at a rate of 1.5 times their regular rate. For non-exempt salaried employees, the salary must be broken down into hourly rate for computation of overtime. Overtime pay is based on actual hours worked. Time off for sick leave,vacation leave,meals, comp time taken, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. D. Compensatory Time Compensatory leave shall be authorized at 1.5 hours of leave per overtime hour worked for non- exempt employees. An employee may be granted the use of earned compensatory leave upon request at such time as designated by his/her supervisor which will least obstruct normal operations of the department. A supervisor may refuse to authorize use of compensatory leave if the absence of the employee would result in undue disruption of normal operations of the department. Compensatory leave accumulated by an employee as of the effective date of this rule shall be retained by the employee until used in accordance with the provision of these regulations. E. Guidelines The following are the guidelines for the use of compensatory time (comp time): 1. Non-exempt employees may receive comp time in lieu of overtime pay for hours worked in excess of the maximum set for their work period. 2. Except in cases of emergency, the department head must approve any hours beyond an employee's normally scheduled hours. Department heads are expected to organize their projects and tasks appropriately to minimize comp time accruals for pre-approved projects or seasonal demands that are substantial in nature and must be done by the employee in question. 20130926CityCouncilPacket Page 53 of 181 20130920/jrl 3. Comp time is not intended for ongoing daily work. Time reports of the employee showing overtime hours accrued as comp time must be signed by both the employee and the department head as an agreement between the two that the employee will be taking comp time in lieu of overtime pay. 4. A non-exempt employee may accrue a maximum of 240 hours of comp time at any given time (480 hours for employees engaged in public safety, emergency response, or seasonal activities). Any hourly employees who accrue time over the maximum will not be logged as comp time and will be paid to the employees as overtime. 5. Comp time accrued should be utilized (redeemed) at a time mutually agreeable to the employee and supervisor within the same fiscal year in which it is accrued. 6. If an employee with accrued comp time is promoted to an exempt position, all accrued comp time will be paid out prior to the effective date of the promotion. 7. Employees engaged in public safety, emergency response, or seasonal activities, who transfer to positions subject to the 240-hour limit, may carry over to the new position any accrued compensatory time. The City will not be required to cash out the accrued compensatory time which is in excess of the lower limit. However, the employee will be compensated in cash wages for any subsequent overtime hours worked until the number of accrued hours of compensatory time falls below the 240-hour limit. 8. All comp time earned by an employee must be used before the employee uses any accrued annual leave. 9. If an employee takes a medical leave of absence, accrued comp time shall be added to other appropriate leave time for additional time off and utilized prior to the utilization of any other accrued leave time. 10. Upon employee separation, an employee shall be paid for accrued unused comp time. 11. Sworn and non-sworn personnel accrue comp time differently. Non-sworn personnel accrue comp time for all hours over 40 hours of work time. Police officers accrue comp time over a 14 day work period (84 hours). Thus if they have overtime in the first week, but use vacation or sick leave the second they will not be able to accrue comp time because they have not worked the minimum 84 hours. The official time and attendance records maintained by the city's personnel office will be the controlling records for any compensatory time purpose. The city may pay an employee in cash, in whole or part, for accumulated compensatory time, at any time. 20130926CityCouncilPacket Page 54 of 181 20130920/jrl ORDINANCE NO. 33-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 46-45 WHEREAS, the duly elected governing authority for 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, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; WHEREAS, the City is a local government subject to the Fair Labor Standards Act; and, WHEREAS, the City desired to adopt an ordinance under its authority as a subdivision of the State of Georgia. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that section 46-45 of the Code of Ordinances is hereby amended as follows: SECTION 1 Sec. 46-45. It is the intent and policy of the city to comply with the Fair Labor Standards Act (FLSA), as it applies to local governments, in its overtime and compensatory time provisions for city employees. In the event that the city's personnel policy should differ from the FLSA, the FLSA controls. The City's policy on overtime and compensatory time off is on file with the Clerk of Council. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such 20130926CityCouncilPacket Page 55 of 181 20130920/jrl illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/32-2013—Sec 13-015 zoning map amend 08.27.13 Tybee/Ordinances/2013/32-2013-A-Sec 13-015 zoning map amend 09.17.13 council changes 20130926CityCouncilPacket Page 56 of 181 20130920/jrl MAYOR - r 1S CITY MANAGER Jason Buelterman 0� Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Torn Groover it'' Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 9/26/13 Category: Reports of Staff, Boards, Standing Committees and/or Invited Guest Item: Additional information re: Downtown Development Authority as requested Organization: Tybee Island Main Street Explanation: Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to i leviner(a,cityouftyb ee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Chantel Morton, Main Street Coordinator Phone/Email: 912-844-9771 /cmorton(! cityoftybee.org Comments: Date given to Clerk of Council 9/19/13 * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866)786-4573—FAX(866) 786-5737 , City of jf www.cityoftybee.org ���09EEth�ic�s 20130926CityCouncilPacket Page 57 of 181 2013iQ/jr[ DOWNTOWN DEVELOPMENT AUTHORITY/ MAIN STREET INFORMATION Id cin .{.N{ i i 4 Y44 Jn.z_i tti) Legal Status Defined in State Law Defined by City approved O.C.G.A,36-42(1-16) Board of€ hectors by-laws 10 Directors: 7 Voting Members *6 directors represent a party who has an *4 must have business interest in district(live in city or economic interest within the Main Corridor; in county) taxpayers within the City of Tybee Island or within Board Structure * 1 may be a councilman/mayor Chatham County who own or operate a business * 1 may have a business interest and live outside the located within the Main Corridor county *3 represent the arts and cultural interests *City residents unless one of the above groups on the Island * 1 Councilmember(ex-officio) oard Appointments Appointed by City Council Appointed by City Council oard Terms 4 years(Original board will be staggered terms) 2 years Typically a Central Business District. State law does not Main Corridor(historic downtown through the oundaries limit DDA boundaries. Resolution of the City Council must be approved. DDA can make recommendations. gateway) Defined by Revenue Stream Debt Capacity DDA's can offer for sale Revenue Bonds Defined by Market Can contract with any government entity for a maximum of 50 years through an intergovernmental agreement Governmental/ (IGA): City,County, Development Authority,State Private Contractual Agency N/A: City Program Rights Can contract with private entities: Developers,Small Businesses, Banks,etc. Generally covered under the city's liability policy as a Liability Protection corporate board and as individuals carrying out board Coverage through the City of Tybee Island. duties. Check with City. Eligible to apply for and receive state loans and grants Ineligible to apply for state loans and grants State Loans/Grants -and to be a conduit of such funds to the private sector. without City Council approval/resolution. Must be annually audited and presented as a "discreetly Fiduciary reported attached unit"of the city in its annual audit. Audited as part of City's FY budget. Responsibility Must complete annual report of local government authority finances with DCA Reporting Annual registration with DCA as a local governmental Monthly online activity reports to DCA. authority. Annual Program Assessment to DCA. No staff required by law. A staff person is Required to be staffed through MOU with DCA. Staffing recommended to ensure the mission,goals and Paid Staff is a requirement for accreditation by requirements of the organization are followed. the National Main Street Center to be eligible to be designated as a Main Street Community. Financing Tax exempt legal body(i.e. bonds, loans from banks, Opportunities etc.) Tax exempt as part of the City of Tybee Island Open Required by law to observe both the open meetings and Follows GA Open Meetings and Open Records Meetings/Records open records acts of Georgia. Acts. Fiscal Year Generally follows Municipality Adheres to the City of Tybee FY Prepared with assistance from DCA Office of Downtown Development and other counterparts with MS/DDA. Reviewed by MS Directorg 2Q1309i6c5iitgCouncilPacket Page 58 of 181 201309201r1 rage o (CRM: September 2013;July 2013) DOWNTOWN DEVELOPMENT AUTHORITY/ MAIN STREET INFORMATION Main Street(DDA consideration): Identified for/by DDA(Additional Information) Tybee specific DDA is not legally bound to go thru the bid process. One example is if an historic building is being restored and the Be the"pass through"Authority for property owners to lowest bidder(municipality process)is not HP sensitive, pursue a Downtown Revolving Loan Fund(DDRLF) the contract can be awarded to a contractor that is HP Offer a(matching)Façade Improvement Grant Program sensitive by the DDA. to merchants as funds are allocated/available. DDA can own property,lease property,condemn Streamline/ease process of grant application process property. and accepting sponsorships/donations. DDA can show a revenue stream to seek and secure bonds and/or loans for projects. Examples follow: USDA Rural Business Enterprise Grants * Revenue bond for City to acquire property for public Potential (immediate)projects include: Opportunities/ infrastructure improvements(Woodstock); *Tybee Post Theater Constructed a pedestrian crosswalk downtown Examples/ Carbo House (Woodstock) Supporting * Utilized$480K(DDRLF/GCF) proceeds for a private *Others to be identified with opportunity/interest Information project(Woodstock) * Paid for a Master plan in Downtown(Woodstock) Additional"points" to show City's commitment to ED * within the designated district when competing for Façade Grant Program using proceeds from leases of two properties(Woodstock) funding,such as: * Façade Improvement Programs(St. Mary's, Kingsland) *Georgia Downtown Renaissance Act * USDA RBEG for theater restoration(Toccoa) Community Development Block Grant(CDBG) *Other DDRLF recipients included LaGrange,Carrollton, DDA/DDRLF/Incentives for businesses are identified Conyers, Ellijay,etc. throughout the City of Tybee's Master Plan,Quality Growth Resource Team Report and Short Term Work Additional information: Program/Plan www.gnnanet.com/MRD.aspx?CNID=49240. DDA Fact Sheet,8 steps to creating a DDA&sample Pursuing Business Improvement District(BID) documents(5/21/13 email) *Additional opportunities/Examples/Supporting Information provided at July 29,2013 City Council Workshop. Prepared with assistance from DCA Office of Downtown Development and other counterparts with MS/DDA. Reviewed by MS 2 Directors. 2 p 2Q/It 2$1a30 z o#t CouncilPacket Page 59 of 181 (CRM: September 2013��u1y 2013) DOWNTOWN DEVELOPMENT AUTHORITY/ MAIN STREET INFORMATION GEORGIA CITIES WITH MS&DDA 2010 CENSUS POPULATION Blairsville 652 Buchanan 1104 Cochran 5150 Cornelia 3834 Dahlonega 5242 Darien 1975 Donalsonville 2650 Eatonton 6480 Ellijay 1619 Greensboro 3359 Hawkinsville 4589 Homerville 2456 Lavonia 2156 POPULATION COMPARISONS Locust Grove 5402 IN GEORGIA Metter 4130 Millen 3120 Nashville 4939 Oglethorpe 1328 Pembroke 2196 Richland 1473 Royston 2582 Sylvania 2956 Trenton 2301 Union Point 1617 Vienna 4011 Warrenton 1937 West Point 3474 Woodbine 1412 Wrightsville 2195 FEEDBACK PROVIDED FROM GEORGIA CITIES(14/29 SURVEYED)WITH SIMILAR POPULATIONS TO TYBEE THAT HAVE AN ACTIVE DDA AND MAIN STREET PROGRAM: WHY(YOUR)DDA WAS ACTIVATED?: -To assist city council in economic development projects(loan eligibility,and for selling city property). -More leverage to help(downtown)businesses that want help. -Need for business recruitment because of the specific powers that only an authority would be able to do. -To perform certain duties needed to accomplish Economic Redevelopment projects -To stimulate economic growth -As part of the City's overall downtown development goals -To encourage growth in our downtown area. -To enhance the downtown area/city wide.Our downtown is historical and small but an area we are proud of. -To better promote the downtown area while taking advantage of the numerous resources available within the Georgia Downtown Association-Department of Community Affairs. -For the benefits -To put a little"meat"in our efforts;provides legitimacy--government backing;allows concentration on economic development and legal means unavailable to council Prepared with assistance from DCA Office of Downtown Development and other counterparts with MS/DDA. Reviewed by MS Directors. 2F'D a O926CitiCouncilPacket Page 60 of 181 2013092 /'rl (CRM: September 2013;July 2 i.3) DOWNTOWN DEVELOPMENT AUTHORITY/ MAIN STREET INFORMATION -We have had a DDA board for at least 20 years but it was not very active until a manager was hired 10 years ago.The merchants that acted as chairman did not get involved except to hold random meetings. -To create more development in downtown BENEFITS/PROS Ability to sponsor DCA and Ga.Cities loans for downtown construction projects(i.e. restorations and new construction). -More options operating as both the Main Street& DDA for help our downtown businesses. -An authority by law has very different powers than 501c3.We have used our DDA to in business recruitment as a financial vehicle, and it would not be legal for a non-profit to do that. -GA laws for DDAs provides the ability to provide activities that cities cannot do on their own(i.e. buy/sell,improve properties, etc.) -We set up a non-profit -When everyone is on one accord to get things done and making it go smoothly for the community provides citizen leadership, steers downtown development efforts -In our small area,our combined boards are beneficial due to combined meetings,having limited choices of board meetings. -It is good for city to have DDA.They can open doors of opportunity when cities can't with potential funding or often work with merchants as part of program rather than City which is always busy. -Downtown opportunities are greater with a structured Board that has the same goal of preserving downtown resources,including design assistance and the capability to apply for state administered grants and loans that are available for downtown projects. -The benefits are DDAs can acquire real estate and take our DD Revolving loans where MS and City can't always do that. Plus it more decision based than action based like MS. DDA is taken more seriously by stakeholders;number of Main Street volunteers has increased;working as equals with county EDA -We rotate our board of 7 members with a 4 year term.This gets new people involved but we reappoint some that are greatly involved.All of our events downtown are done with volunteers -DDA helps with loans and property acquisitions -This combined DDA/BHT board has worked very well for us. CHALLENGES/CONS -No cons. -Initially we had 2 separate boards so trying to merge them into one has been a challenge, especially not hurting feelings because we went from a BHT board of 15 down to a DDA board of 7.We placed most of the extras on the board as ex-officio until a voting seat becomes available.This is also the 3rd reincarnation of the DDA board since 1985 and sometimes we get the"I've heard all this DDA stuff before and it never amounted to much"from the oldies in town,but for the most part our local community is happy with the work we are doing.With just under 2 years active again,we've not yet tackled a big project, but we've got that in the works now with a full block rehabilitation and have created a facade grant program for property/business owners to use. -No cons. -No cons. -Lack of volunteers to assist/participation and understanding of"perks" by community -Keeping DDA engaged in between "big projects" -Daily challenges trying to bring in businesses and citizens to our small community. Prepared with assistance from DCA Office of Downtown Development and other counterparts with MS/DDA. Reviewed by MS Directors. 2 2(g�WittCouncilPacket Page 61 of 181 (CRM: September 2013QJ LIYl�) DOWNTOWN DEVELOPMENT AUTHORITY/ MAIN STREET INFORMATION -Not all want to be active in happenings/programs.Those that do,sometimes get burned out.A DDA Board or Volunteer is very important.The training helps with that...but it is often hard to get the assistance needed. -Instead of sharing responsibilities,the Board sometimes expects the Main Street Manager the completely handle all duties. Lack of funding,volunteers and long term planning agreements are also a challenge. -Various entities trying to control it -Despite our efforts to sell DDA as"way of life" instead of a quick fix,some people's expectations have been too high;City"allowed" DDA but is not funding beyond salary,incidentals Prepared with assistance from DCA Office of Downtown Development and other counterparts with MS/DDA. Reviewed by MS Directors. 20'149g66itgCouncilPacket Page 62 of 181 (CRM: September 2012 D ??QQ// LL 3��uPy 3B'i ) City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 9/26/13 Category: Consideration: Local Requests & Applications-Funding, Special Events, Alcohol License Item: Revised Special Event Application form for consideration Organization: City of Tybee Island Explanation: Revisions are noted in red. Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jlevinerAcitvoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Chantel Morton, Main Street Coordinator Phone/Email: 912-844-9771 /cmorton@cityoftybee.org Comments: Date given to Clerk of Council 9/18/13 20130926CityCouncilPacket Page 63 of 181 20130920/jrl .. _. __ 11411 - - - - - : -7-- ___....„A,...... ir... ,... TYBEE ....__. ......- • _ .. _ ,.........,.._.. 1, 11 ISLAND _ �... _. .... mitt li . t , _ .....ir• '... ' - SAVANNAH ' S BEACH - . ;_,---- "ir .... 411, Alio •114116, • L -r •11- it. 11 . ilr1. • ._ _ - - - - 2. VisitTybee.com 3. Social Media 4. Public Relations J. SW._ 20130926CityCouncilPacket Page 64 of 181 2013' 20/j'n .. _,• I - - : +� rgpI� S` 1` '41; 4 i� -6 y -*„, Bed Tax Revenue As reported by the Bed Tax Revenue Savannah Area Chamber of Commerce July +6% June +17% May -4% April .1% •2012 •2013 March -15% February • +4% January ` +12% 0 50000 100000 150000 200000 YTD bed tax revenue is up 4% from the same period in 2012 (as of Jul _2013) 20130926CityCouncilPacket 'Page 65 of 181 • + 20130920/jrl 2013 Forecasted Bed Tax Collections Antic pate: Ho=vel/Mot Collections fo + 2 % Visitlybee . com Tybee Island's Official Destination Marketing Website 20130926CityCouncilPacket Page 66 of 181 20130920/jrl 2013 Website Analytics In January 2013 we switched our domain name from TybeeVisit.com to VisitTybee.com. As a result we lost some of our domain authority. We have been working hard on SEO, keyword targeting, and link backs. As a result VisitTybee.com's domain authority has increased dramatically in second quarter to site traffic being down -0.55% in unique visits compared to first quarter which was down -26%. Unique Visits to VisitTybee.com 60,000 50,000 40,000 30,000 2013 20,000 M =MMINIIMI 2012 10,000 0 January February March April May June 2013 Website Analytics cont. Our page view count on the website is up 97% over first quarter and 21% over 2012. VisitTybee.com Page views 2013 vs. 2012 200,000 150,000 100,000 2013 50,000 2012 0 � Gr •�• a\ K•o a�Ja • , 20130926CityCouncilPacket Page 67 of 181 20130920/d • • • Ja Aptr,r ..w org • 'r Social T Y B E E Georgia" ISLAND On My Mind GaoRG tA �Mi;►, Yr. jw *.&g, •:r Tybee Island,Georgia Update Page Info ' ,.Liked et. o 138,211 likes•12,988 talking about this 71,637 were here City a Tourist Information Tourist Attraction ^ �� Drive e 20 minutes east of Savannah,Georgia,through a " T AE b 4 t5Y L few miles of wide sky and salt marshes.This is where �' eantc�tw you'll find Tybee Island.www.VisitTybee.com . - 1.91140.91b■t About Photos Join My List Instagram feed Pinterest 134,204 likes at the end of 2nd quarter Link clicks: 15,016 Photo Views: 220,756 Video Views: 2,033 20130926CityCouncilPacket Page 68 of 181 20130920/jrl Tweets Following Followers Favorites Lists il l• - ''' II,, Photos and videos .lp 1.0: . e 111 Irr 'i ' r 2,840 .4 _474*: — . . - . - . . . , ( ' (1,, 4 . .IP., lYik *111 0.(4 - - Tweets Island Vacation and Visitor info—ti;t••- .-,•ul-fd- .0-lc iaftwitter 359 of the Tybee island TOLIENTI Coax LI. Tybee Island,GA visittybee.com 5,001 Tybee Island Edit profile :.:. 42/ VInat a great night for dinner in the patio And what a patio it is y b ee-=crabshack fb metiVrtJv99c ilt Who to follow Refresh View all _ . _. .. Tybee Island Twitter-5,001 followers / 1,077 New Followers (Pinterea Tybee Island: Savannah's Beach •LIE, L ali,2,2 3E4 Pont '4,1Pa,,es 111■111■,...... r , - • ' ' -v•-,-„,:.„J. • . ...._ ... eilli I Stt-fn dm.:s re-111n nv.e,tnE TA.blene Fin, ;IIIA biped . --- .. 01.' • rnm.n.snon. Nair.7hIc not.'few Tit. beel ela■ns...e.,:lsc lac la. . e•resa nest.el drawolL sot, artleTyees Lsiin.ak-Tye. er..,4.4. emits 2012- i,t0t.11 nom Socat CI40 Tyt.hen,2.; 2313 .srry lc-The fia,fi CI" m3.0(0...." • ..- IIII ste&roman . - r "MOM .-.. I rr el.vs Le fe,les.-1-3 s lad. to.e.20k.,.. . ._ re.sbeut Isneina n niern.7.sn Ihnsorns..nes ae Ask.Fmrt Nand.situftwis , I lara to ens.en lc..r.Co.t between Seven.,nna Ty!. scrtneen-se its,6st net ematle 1,,,,II PM•&ill,,2,sna 0, II 4e.nntn.anet0.10ra er T. 2 _. 22 Active Boards Shared boards with Visit Savannah and Explore Georgia 20130926CityCouncilPacket Page 69 of 181 20130920/0 - .ybee Social Media If '109nc:m non `► ` AlkoH-*„., A lb. riVirli Illr l :.:'am: �.:. ,� -.'' r, _ tybeeisland v1s1I Tyboa.li b i...0 tjor rnurkikU I u Iur.i Isme:.Sk b:,. 38 1.581 717 Y 4:nyaiiiwl YW:'� �N Segawlw Dtl Illa ;s, * Newest VisitTybee platform 1,581 new followers Public Relations :. 20130926CityCouncilPacket Page 70 of 181 20130920/jrl Public QUARTERLY TYBEE ISLAND E-BLAST • Sent to 4,000+ national and regional media • Emphasized upcoming events and interesting people 04544 wma a` PLEASE MEET ) UPCOMING EVENTS ON TYREE MILAND OM to know•M.1Ndwtlay Ionia wlm .n.wrq. aeVid W patlea!for tonne prattles: it,no wFst Cant TA �er,�%tia«-�••' .ocunp.144.0 July I.44 ant PUBLIC RELATIONS 4 '"Oe°' wad ann.M:M: Mr to cn,o ■' uraaa.a.p..-r.no , aw..Vm.a Canaan , Con. ■i ,t,...v...,ow w t now a. ww, afre tmw.tmvaaw ga Tyw to w. •T 4a.1 420 conga anngaclure.Ty.. 111.1174 reK ww` 4..4 Ina 404 4.44. 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Iatritfayoum ixt. wa ,.•eye a+w.*q ...at ry.a i.TN, erWna:w eara.- 0C_rry r.W spate veuq au...... .. %nom Goa ano arl.Nv �qa TYBEE ISLAND FEATURED IN "AMERICA'S BEST ISLANDS M.Wall'°w4 .' ' Amelia Land.Thar Island.and Mon .• ••• •a.saaua U...• About.com - United States Travel lead April 1 , 2013 A -,,ors...._. N..S 11y<uCwlnlr. Veil ua u : \Tner I'S Ulancic re,rasa uMepwn rv.w ..-..w.r.a,r ne,9 alnD•'t ant�Lr tnD,p vays>ats th,rr of vow 0 T, ,g.there i aq�y,ent the.sr i svtta.es rot a7vs*'"'auw YS-1 Para Crave U.S.sram,ne ar a ra[]t'a'' tYb.9t.[9rven Lh2t the a,.lets m whdr aw a aesdnat,0rp,from IN t tx yentr d rstonds an M,*n*rr'c's mw wwt•" r .pp.[ t ap.rtr Padi'Tae bald 5,.a.Choi Y)• .01%(4 th114. t:a';(0404!11 are,.,i%0014:14%ISCC Lee:.na)re"*4 r.S D.ges.t war.nwnp�' tyar.as m ar ptDam, .an. avt tar,eq.area w..•e0 mot...,Naaw. to SN.fdi1': Eapas ti'lHawaaan r yDt.are V t::: Miff .te, itret n.Mtn a war:$K.wG V�t9p''lftaras'p'tne Wn taara to vtat tnanl 1��-1tdr�„-t e!t5A n,.plothe ten. , r,tMe wrpao..UarAa aw..Cwt mar arewrsa.w. NarOS,q trot r0 paar04rt' Spa tr.25LRYd�” an'Kee cm.met:x ..to Ow otve..a:arc:ao tawny,'az tNOra.+(la a (T al 4.0:5010' ar a,waystwe pst: y.I..N,k...ta HOW yna cravat mess. ._,..,..,..... . _. . ... , 00 . ail iapn:r islands on tNe USA r. z t • navel T Abet tcom United States Travel 20130926CityCouncilPacket Page 71 of 181 20130920/jrl Public Relations "SAVANNAH'S FIRST EVER GAY TYBEE DAYS WILL TAKE PLACE MAY 3-5" About.com - Gay and Lesbian Travel April 2, 2013 Travel Alutcom Gay & Lesbian Travel Savannah' s First Ever Tybee Gay = m T ete Will Take Place INta�y 3-5 1,Aadrev.tnW.10 .. y nn h P y r C•. ..„ . ,�L M�yol ((. L n ayannd^�� rite one of Mme,- ' QIOPN'' srce of AOs: Wit' n,wMCh has 5teaafY Ce�uons.Is the NI yarrenc,hastenc ° tilt 1 vacat,On Ge+�' laCt In t^e re's Favorite GLB wMCh takes P r, he Atlantl6 seao°a ri rl¢S east of towMDS` hhCy event, ust 20 new connu °IrM Desch he ar a's t travel rCSOUrce. eaSY'G of s rtt Gay ache' t°takes Place CCMC a�rK etGanaZa°b'Y tthC area's „nap. "'— rn LNs v•eekent of PerthM dlyt gat"'"' Sava v h c nMaY.May S.it's rvc¢to see f a hr i,s S 3 CMOUGh Su yy n Fneay,hnaY as the Popular 'a trop visitors,r nS evert.Gearec co gar teeetolA all h r le.2013)- party ant cone peck" rids¢tiwouyts°ut( helc,n rise tall(SePtcrribc Kick-OTT Da w1D5 funcralser.a DIG' Help hncaY tent yvyth a Kh Paw/ cle I to rhnenCe a YlMLC Party Mn a teacty-ssNeeP note The celtO raioos co Deacn"meet the SunCaY btV ay T-pa MC.arc we¢kersC yyr[h a Sa[urtaY }all). red.check. for Gay price m the taO Dayonc tyeauaWl,a Surst ra'SI cffQ 5 the,slant' IMO,for note rnf°rna�?Y°^ hiyn�sy Party(to efforts to keep ¢Gav on the O^G°rrr-e_, .. nits axon TYcets n.alone wtiTh __ �f�e art V_�S �Y.3.�-- Out Here's ausefu ¢I ww o tes Of Vr Ic T [hC fl uhcc arc relateC one a OS Ma9az are n>b° GaY Traueleyrayyy,atna Tybee Gay Gars aid tiara'.nwr�' Tybee island Hosts Its Fnt-ever ray fo,.;�;r�aa _ :I a Days � .4, One d Geosp s laemos!vacation hdspds y became a pioneer d Ireusweness as Tsbee island hosted the fast-eye.Tyre Gay Days it May 2617. • • Tybee Ward Mayer Jason Guamanian f illy sopoortcd Tybee Gay lays"The rest Tybee Gay Days erect was not only prod fa our islands bionesses,but helped raise funds for some wrthy oa ses and made our rslard's beech dearly Wants to a teeth sereeptMt was part of the even we hope the organizers cane beclita Nate neat year,`Biederman told ya f L ha Mre t a the Mete damn night en Fnear.May J.an unseafonal storm d n ew TYBEE GAY DAY t e Wads duped uoto 14mpa Heavy Pns WI nahftaP The temperature dropped onto the fifties.In soled the weather challenges,attendees arrived from Tybee Wart, }'(.)1 11 Sayanrah,and across try country Gay Travelers Magazine We poet to uy Doses,owraa a an an mm at 1i� May 22, 2013 the Tybee Gay Days ldck-0/f Party event at the North Beath I;I I`I Gall'We have attendees Hodges from all Dyer-Beooalsw. Marry,ACWnta•all Prey—Hodges told us the dl Ott Party was a,yellattereed"'hely some rn which the hest 256 attedees recrned a tree'swag bap toilet oat geodes Irani sPOrsas' The lbek On Party was 1dlowed by en After Party at the Istee Sower Club where attendees outset until TOO arm On Saturday,May I.lent ie Orr,owner d Fames On the Bead-and Manor Hermes hosted the All-Oay Beach Celebration on try bad,or front d Marion Moacet.Gay ohs attendees were inwiled to Spend the day reWdry along the strand.SiMeng Wdeads and copying fresh seafood at Marlon PlorroeY'3 nes mean to be the perfect krd eH he the summer season . On Saturday evening,Tybee Gay Days hosted a Say ICV/AIDS Dance Fu draisei Wtote 20130926CityCouncilPacket 20130920/jrl Public Relations "SOAK UP SOME SUN ON A BEACH VACATION" Macon Telegraph C.f. May 5, 2013 ) ■Iuuu Ty ill ree Island The Island of Tybee is located right outside Savannah.just•• - t town experience present in Tybee is uncommon among popusar• • . ap slang is located 155 miles away from Macon,or about a three-hour dnve.7 •.-. . t• service takes beachgoars between Savannah and Tybee Island.The sauttle costs$3 I: . " , Tybee Island is comprised of five main beaches including Savannah River,Back River.North. South and Mid Beach.Being able to stay active on vacation while still soaking up tine sun is easy to do with at of the outdoor entertainment.These activities include biking,bird watching.water sports and visiting local parks.The oldest and tallest lighthouse in Georgia in located on Tybee and was built or 1773.The island is also home to the nistonc Fort Screven,which was used as a Part of the United Stales Coastal Defense during the Spanish American War.World War i and Norld War II.These are only two of the historical sites available to tourists on Tybee. River Street,located on Savannah's bluff.is a popular shopping location where visitors can take a break from relaxing on the beach and spend a day in the city.'Tybee offers a variety of festivals luring the summer such as the Tybee Wine Festival,Tybee Island Kite Flying Festival and the annual Beach Bum Parade.The Island houses a unique selection of art gaileries,including the atlantic Beacon Gallery Co-Op and the Fish Art Gallery.Little Tybee Island is a nature preserve off the coast of Tybee. Tybee offers an assortment of iedging options,including resorts,hotels,belt and breakfasts, vacation rentals,recreational vehicles and camping.The average cost of a hotel room on Tybee Island is about S264 per night.Seafood restaurants are popular in this area.Some well-known lining places are Dolphin Reef Oceanfront Restaurant,Lighthouse Pius.Sang Ray's Seafood. Fannies on the Beach and Coco's Sunset Grille. "TYBEE ISLAND: BEACHSIDE GETAWAY IN GEORGIA" .4-••Cerw- 1111110. . . . • . 111 • Go World Travel Ma y 30, 2013 Tecp eirme-se s ea.a.pea ep-....wo Zy lepea 11.11.0 C0,601 01.1 40 y0.1,0:1 Id•000'' it oiti'tend -'it 4.104 00 05 ScRa 001.0 II 0,1010.1,60 0110.,01060 2000,0 0-,Ri 1,0 4001 IS VC. L:4071.TR sal,W0—itedsy rains of visa,5,00,21, 0041 :RV'S—HO,,0001 vi SR00-0 1000€I 10 VR-,•IR, enealuee MI et PPP*,epwc ametcp,504,01,1{0.•I.el 4•0-0p: eP110010.9.Pe tap.rC.015v it I”1010 ors Pas es ners nt Presit. mow,•■C now,rave foe 040.2.000 U,R0 Pee Pgr..eps rein 00-i osetOc*Y. 00550-.R.RM.5.0.0, CDR,.1/000 100R it 40 gir.Mr,WOW..10 PLR tans%2,4 0,0 000-RC 10,0•IS IR CORR.*. 50, "ncr,NO CO yeV0,011, .RR,t",Y.4.90,:5,5 0,grit,.000.49 I CR,.0,R 4,4 IOId r150114 V 011,01900,s ree340.- C9.0011 0,R.Is ep•pat aro,a ‘a-r-r •• . . pee air a irtete,ve Spe,--ept-ne 060, 0,a- Cloi.le I.• •nrt.I. oh,I 4.1r-ta re,v- ,-e•men 00 r11. t•1004 00/ . PPP Cite e Kee OPP Maw 34.roe 10,961 20130926CityCouncilPacket 20130920/jrl TYBEE ISLAND FEATURED IN "FOUR SMALL QUIRKY U.S. TOWNS TO VACATION THIS SUMMER" 4 Quirky Small U.S. Towns to Vacation in This Summer Societe Perrier fiNti► t • June 14, 2013 ."fir •, �� ;' � SQCIET ■• .rpt. pe,iet • Population.7:467 Di.taaoe tram cost Gip city:2"to NY}+.rid}st..orld moat to po'Jolt e.han nit Mow'as umah.this ulutd tumarantt■It nalunuut iat tt.whit..toady anat.%nun wand it. ntpoll.J:oaisi twubpta.owa.anty.that m tits iatuniril Doacia to .pent your lazy day.utchnp usms ray.and watching the tntduat dolphw. ploy Acid eons that thin II VMS.tan cosmically bud ty pirate hack is the day.leery(ktahx n tt yllt..a.mt ode rat"argot.looking fst adttlorert Ir pa at booty and J.esuchwy durtsp st..wn..4 N xc::i i..I • p3 I mJ e..�n I scr-lot C1 I' Sweepstakes • 1 , 20130926CityCouncilPacket Page 74 of 181 20130920 April 15th-April 29th • Designed to promote Beach Bum weekend and increase overnight stays on Tybee Island from May 17-18, 2013. • A sweepstakes splash page on VisitTybee.com provided information and registration to win the grand prize and weekly giveaways. • We promoted the sweepstakes through Facebook & Twitter posts, Facebook ads, Engine 212 Campaign with SMN Digital, our e-newsletter, and a media advisory distributed by Abshire. • Grand prize included a 2-night stay courtesy of OCEANFRONT COTTAGE RENTALS, dining certificate to COCO'S SUNSET GRILLE, 2 bikes, beach umbrella & 2 beach chairs from TIM'S BEACH GEAR, paddleboarding lessons with EAST COAST PADDLEBOARDING, and tickets to the TYBEE ISLAND MARINE SCIENCE CENTER. v 8,777 Pageviews 7, 181 Unique Pageviews 7.002 1.`02 ' rpr 10 Apr17 Apr19 4,21 Apr 2? A.r2E Apr27 Pageviews Unique Pageviews Avg.Time on Page Entrances Bounce Rate %Exit Page Value 8,777 7,181 00:02:48 6,562 73.82% 70.86% $0.00 1282'o•.: 14.044 DO.0IA6-. -":: 23.2450, : - 1:.23'.: " .'. - •41 26% ..'-.- O.OD%, WI nary Drrenaun: Page Other Secondary dimanabn • San Type Defeat • -Cl advancea ..: 0 E 1 17 Page Pageviews Unique Avg.Tyne on Entrances Bounce Rate 14 WI 0/. Page Pageviews Page Vane ] 1 /everrtsltybee-teach-hum-sweepstakes! 8 777 7 181 00 0748 6 567 73 82% dr' $0 1 20130926CityCouncilPacket Page 75 of 181 20130920/jrl illiMII. Demographics Top Cities Visiting Splash Page Atlanta: 563 Savannah: 528 Douglasville: 260 Augusta: 222 Warner Robbins: 131 Macon: 123 Rincon: 10 Charlotte: 95 Marietta: 88 Evans: 81 Statesboro: 80 Chattanooga: 80 Top States: Georgia: 4,547 Tennessee: 570 South Carolina: 470 North Carolina: 407 Florida: 354 Kentucky: 243 Ohio: 243 Alabama: 218 Pennsylvania: _ 71 Illinois: 1 46 20130926CityCouncilPacket Page 76 of 181 20130920/jrl Facebook post data I_ Ga.,* 132,802 Total Reached Wart I..n a Iris to Tybea]son^_for Bead.Bum Wk -d?Heres your cher.,Introduce;car Tybee Ivaco Bash Bum. Sesep-t•k Purr my from Ape/15th-Apr"2.9th.Fo:'Po Lek to Erie >I :ibt.y 12.1,,33371,e Sopecebkes A.1 feature:ratty enaey•era•gram price peck.1,th',tons•2,Phi'Pay or Tykes island over Beech Sere retaken May 17th&11th flak.Cc; the 17th Am..,MA.semi Po&Bum Poraee.—ha years par.3a.,tyke place on Fraley May 17th et 6:17pm. 22,133 Average Reached per r 41 . Featuring weekly giveaways and a Post grand prize pack which includes a r 2-night stay on Tybee Island over ''` Beach Bum weekend 6,944 Total Engaged t ,x :_,,, a May 17th&18th 'ki ;Ott's. ; I N: 1,157 Average Engaged per Post 'D t. .*'.',,,i..1.,:�" Iw.i±; 1; V e 1,288 Total Likes .~ 'sr* Are R 215 Average Likes per Post Community Outreach 20130926CityCouncilPacket Page 77 of 181 20130920/jrl Quarterly Tybee Island business socials designed to create an environment for business owners to network with each other. 50-80 Tybee business owners attend April 23rd - North Beach Bar and Grill I September 18th-The Crab Shack Tybee Talk: "It's not what you say, it's how you say it." TITC partnered with the Tourism Leadership Council to host the training in April and May. The training featured Diane Morrison and a Tybee 411 with Liz Hood. The training drew 195 Tybee hospitality staff. IR I! - _ _. - 'w _JY TITC is working to educate Savannah's 1 • ®' : `-''= hospitality workers about Tybee's offerings p Y Y 9 pica sarHnt lI prior to their peak season 1p � ,�� ' Tybee Swag Bags ~. 1 - ' + y TTTC staff and Tybee business owners - • delivered over 50 bags to Savannah a �, concierges featuring over 20 Tybee �- - businesses. fLa5Ore ifiiut Tybee Island Treasure Hunt re SU f '•'rd29 x"•' September 23-29 � . • 30 Tybee Businesses participated =ct • Savannah front line hospitality employees were invited -•• • Treasure map features offers and F r Ji '• giveaways across the island l �l._.,_. --�-T-- • Participants are encouraged to sample • .r.7;;, � . Fg/istatu E FEST I • n ,K1aQ, Tybee attractions, restaurants, shops, " a and lodging 20130926CityCouncilPacket ���^ Page 78 of 181 20130920/j1 Member Offerings and . Communication Monthly newsletter with events, opportunities, and announcements Private Facebook page for Chamber members on Tybee to communicate things happening on the island. The staff of the TITC has brought in approximately 15 new members. We are a Regional Visitor Center with the state of Georgia We provide a weekly "Things to do on Tybee" flyer for visitors • rfAo.4,,0 -� ` '"mow _....fi . ... 1 a •,n, : r.�.... _s. i*t :" f -� �..� ,. r� asst Vi```a :IAN. Nkits-zh... = afte••■?..k...vizilla 7 "ks`,\\.\\\k4■. , ,:?i(s‘4\**-. '',. .kk‘ ''‘\ ‘‘' Nb4414** - ' ' /09_,;;f,/ j/1," ///' \N:\' ‘ki:,,;' ,,n ,',.''7,' ,1;*/ riti,,, 4(/. ,, ,N, N4114 \ , ,,, . . if ; \''\\A \ / ,,, , / " /y ' fi//, i,jv I A 4 20130926CityCouncilPacket Page 79 of 181 20130920/jrl $7-,7te Fest TITC Contributions to 2013 Tybee Island Pirate Fest Marketing Support • Abbreviated Summary Print - Connect Savannah 116- 1 Do Savannah Savannah Visitor's Guide Interactive -TybeePirateFest.com VisitTybee Social Media AccessAtlanta.com VisitSavannah.com Newsletters Other- PR w/Abshire Public Relations Radio Editorial • Dec or.a .io. _s and ev.7.n , co.) .t-_raa 20130926CityCouncilPacket j 20130920/jrl 2013 Labor Day Beach Bash t i 1 f_0 i lird „. .1i w + �� I ' . , ,- . . . .: .; . , : , i ., . , . ,, „ , . , , . t ',:' 1 i (k. I ' \ Pillill Sunday, September tember 1st ' Tybee Pier and Pavilion Swingnin' Medallions and Falcon Fireworks TITC Event �.;.,, , :4,° ;-. ,- .o Tybee Island Events Assistance Aiih. Marketing Funds I. Advertising Consultation • . • Public Relations Assistance Applications Available Soon Available on VisitTybee.com, via email - - equest, or at the Tybee Visitor Center Irte. --A— IEI Pm''it OW=M rr 2i z: ' : - -- ..47- -c.._ ..... ' .-. ., ilir .,' 1 ., , : `+'{ i °*I 47...-„ t. .rY r� M/v. .,. tit . / 4 i _.. } 11 re, •-• 114 ' ' . . i+ '� jailiut ah . 20130926CityCouncilPacket Page 81 of 181 20130920/Y1 Please feel free to contact us: Lindsay Fruchtl Marketing Director Lindsay @VisitTybee.com Casey Slone Special Events Manager Cslone @VisitTybee.com Kim Webster Operations and Sales Manager Kwebster @VisitTybee.com 20130926CityCouncilPacket Page 82 of 181 20130920/jrl MAYOR t. CITY MANAGER Jason Buelterman +�'s .,d4.r Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle, Mayor Pro Tern Janet LeVjner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett Edward M, Hughes Tom Groover ja, Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: Alcohol License Request-Special Event-Beer and Wine Explanation: Tybee Pirate Fest Dates of Event: October 10-13, 2013 Budget Line Item Number(if applicable): Paper Work: X Attached` Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to j leviner*cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Sharon Shaver Phone/Email: 472-5072 /sshaver(ccityoftybee.org Comments: Date given to Clerk of Council September 18, 2013 .0. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (866)786-4573—FAX(866) 786-5832 www.cityoftybee.org 20130926CityCouncilPacket Page 83 of 181 20130920/jrl CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic i 10---4; beverages as indicated below: LICENSE CLASSIFICATION FEE CHECK Notice: The applicant Retail Beer/Wine—Package Sales Only,Consumption on Premises Prohibited $ 350 for a license shall be a Retail Beer/Wine—Sale by Drink for Consumption on Premises Only 575 citizen of the United i Retail Liquor—Sale by Package Only,Consumption on Premises Prohibited 850 States, a resident of Chatham County, and Retail Liquor—Sale by Drink for Consumption on Premises Only 1,250 owner of the business Retail Liquor—Sale by Package&Drink both in One Building under One Ownership 2,000 or if a corporation, Sunday Sales—Safe by Drink for Consumption on Premises Only 150 partnership or other Sunday Sales—Package Sales Only 50 legal entity is the Wholesale Beer 765 , owner, a substantial Wholesale Liquor 1,500 and major stockholder I Wholesale Wine 150 or the applicant may be Distiller, Brewer,or Manufacturer of Alcoholic Beverages 300 the manager of the Special Event—Public or Private Property-Beer,Wine(no current license)per event 50 business charged with Special Event—Public or Private Property-Beer,Wine(no current license)3 days 104 (< the regular operation of Special Event—Public or Private Property-Beer,Wine(holding current license)per event 10 said business on the Special Event—Business Property—Beer,Wine,Liquor(no current license)per event 50 premises for which the Special Event—Business Property—Beer,Wine,Liquor(no current license)3 days 100 license is issued. S ecial Event—Business Property—Beer,Wine, Liquor(holding current license)per event 10 Business Name 'rS I3€E 5F i-I MC - location 1 4 Tit T.+ e I ®iif"/2 F'JV 0 7` _ Mailing Address . O.• fi,_y ,�i 0 # q i6 7 , i 0 t G , 3 t Q�j Phone C�t)) '.'i 1 1,- D a‘ L" Email T'1!j E E Q I C4 T Ei sT Act • (cm Names and Home Addrpcces of Owners,Partners or Corporate Officers with Ten Percent(10%)Interest in Business Names(attach additional pages if necessary) Date of Birth Home Addresses City,State,Zip Social Security# thjti'YlLr'f(k wicun at C -lino,ior i►bec lS Void,c-r ra If special event,date(s)of event Oc-V• I 0— 1 3 ()I P-2:49_,416-_j6-S1I �°, Is business incorporated? CC. State of Incorporation �1 rl Date Incorporated c E P T Gk V t .3 Names of landlord of the business location—(l_f 1 0-c T lime c Address Phone _ What other business is conducted at this location? Ai 01,1E7 Has application been made for required State and Federal Licenses? k, i Has applicant,any person connected with,or any person having an interest in this business: o ever been convicted of any violation of law other than for a traffic violation? NI.t.s o ever served time in prison or other correctional institution? NA r' a ever had an alcohol beverage license suspended or revoked at any time in any location? KC', (if answer is yes,give details) If this application is for RENEWAL of an existing license,enter License Number of existing license If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? N 144 If yes,submit additional affidavit. ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY, KNOWINGLY,AND ABSOLUTELY,AND THE SAME IS AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW. Applicant Sign. r-'S ■H __" ► 1.~ Date . I t 1 Approval Signature Date City Manager Zoning Sw• n to a sue, ,.ed befo r day• I� /_/:_, ' ,►I�/ Police cl � a 414101 / 1 City Council Notary Pub!' F SHARON S.SHAVER 20130926City( gppktit p Chatham County,GA Page 84 of 181 20130920/jrl v3y Commission Expires Dec, 5, 2015 The CONSENT FORM is required for ALL alcohol license applications. CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY. BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, REGARDyINGG�AN ALCOHOL BEVERAGE LICENSE APPLICATION, FULL NAME(PRI ) SEX / RACE / DATE OF BIRTH ADDRESS SOCIAL SECURITY NUMBER r '3 a Cm', STATE,ZIP SIG RE DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications. ACKNOWLEDGEM ENT I declare knowledge and understanding of Municipal Code Section 58-80: There is levied an excise tax on the sale of distilled spirits by the drink in the amount of three percent of the charge to the public for the beverage. SIGNATURE DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request. STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I, , do hereby make this affidavit to be part of my application for an alcohol beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at Tybee Island, Georgia. I am the of the establishment known as • I hereby further state that at least fifty percent (50%) of the total annual gross food and beverage sales are derived from the sale of prepared meals or food. SIGNATURE DATE Approved Denied Chief of Police Al D CI !A N is7'Q-Y d 1c q ? j 3 Date � ?-r7-1.3 20130926CityCouncilPacket Page 85 of 181 20130920/jrl City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: Donation of Land Request to City of Tybee Island: Dr. Dora& Laura Buza—Miller Avenue Budget Line Item Number (if applicable): Paper Work: _X_Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jlevinerna,cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 9.18.13 20130926CityCouncilPacket Page 86 of 181 20130920/jrl Dr. Doru & Laura 8uza 178-26 Kildare Road Jamaica Estates, NY 11432 Tel:(718) 380 4)599 Fax!(718)380-0235 Email:lbuza @nyc.rr.com New York,September 17,2013 City of Tipee Island PO Box 2749 T bee Island,GA 31328 ATTN: Diane Schleicher Dear Diane, We would like to donate our land, (property ID 4-0006-11-004;description: LTS Si 82 111 112 W 3 Tybee)to the city of Tybee Island.The address is Miller Avenue Tybee Island,GA 31328. All the taxes have been paid in full. Should you have any questions or require additional information,please do not hesitate to contact us at the above telephone number. Kind regards, u uz MD Laura V Buza ‘3 20130926CityCouncilPacket Page 87 of 181 20130920/jrl Chatham County Board of Assessors: 2013 Property Record Card 4-0006-11-004 Page 1 of I 2013 Chatham County Board of Assessors 4-0006-11-004 Property Record Card MILLER AVE TYBEE ISLAND APPRAISER nsanders LTS 81 82 111 112 WD 3 TYBEE BUZA LAURA&DORU I CAMA ASMT LAST INSP 05/18/2007 17826 KILDARE RD 89,800 89,800 LAND 1 APPR ZONE 000008 JAMAICA NY 11432-1415 BLDG 0 OBXF 0 89,800 89,800 Cost-MS SALES BOOK! INS VI QU RSN PRICE '' ,,'-t !CODES PAGE r a, `;'t , Ee' ' ;� a ,PROPERTY 0006 RESIDENTIAL 27 Jun 186K 0102 NA V U U5 " �USE 1997 ° UTA 0004 Tybee Island GRANTOR-'SPERIOSU SIMON V 7:126. GF'IANTEE:BLIZA LAURA&DORU I ,t. - " - ' NBHD 020225.00 225 TYBEE r EXEMPTIONS COMMENTS: . 21 Apr 1997 ADD CHG 4-21-97 EF #.. PER OWNER II`V - HISTORY LAND IMPR TOTAL 2012 89,800 89,800 Cama : 2011 89,800 89,800 Cams ij' 2010 157,000 157,000 MAV • • 2009 157,000 157,000 Over ■ 2008 157,000 157,000 Cams , t ! . 2007 157,000 157,000 Cama 'Click for larger pictures i 2006 131,500 131,500 Cama i 2005 88,000 88,000 Cama 12004 165,000 165,000 Cama SAG I S '' Chatham County 1�,� '1�1+�F 2003 130,500 130,500 Cama SO lax Commissioner Mrr'oo 4. .0 Pv_y,erry ra:Srnte,ent 2002 396,000 396,000 Cams 2001 175,000 175,000 Cams 2000 128,500 128,500 Cama 11999 74,000 74,000 Cama ;1998 74,000 74,000 Cama 1997 74,000 74,000 Cama 1996 35,120 35,120 Cama 1995 35,120 35,120 Cams 1994 35,120 35,120 Carna 1993 35,120 35,120 Over 1992 35,120 35,120 Over LAND ID# USE DESC FRONT DEPTH UNITS/TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE 109751 RESIDENTIAL V L 0 0 26,400.00-SF 34.00 R2 -90 89800 (, ' j'1'7- g g 4 C) Page 88 of 181 20130920/jrl http:1/boa.chatharncounty.org/DesktopModules/ChathamCounty/BoardofAssessors/Propert... 7/16/2013 I - _. _ _ ilts,.7 ,_.._._. 1.44-1., ,/ ,,Alir ,,, (20,,i) .// ago" ilf�r3 + r f7 � 6J i' 18. (i. - -_ , •-' '-- ',I ' - - ritilik - . ._, . - 2 ;: f � 1 ------___ ) Ai- ,--.,. ,. g 4.,:.. /70 :,.. *Iii - -_1.0-41, ..sa.93ks_r--,,,. . � 9 f1q�3f- -- i' -I ,.. - ` r� -. 111,0 tiff; ti fig �' 7 -- - -4 q' ._._ . ,— 40--I, , : --.7 a, • . diga III 4-___All :7, -/. , 7,Air-A,- ._ ,..._&,itio --, ,,12,,,_ k It ,..... &Ai..;, _,. ._. , ,6, 7 , 4- - - - - ' - . --- ti�� T fSg6y1,f " 4 ` r �. /7k'4/l, i 4i 444 ) 23 ' ,,--_ '' '' gas 5a -�_ 6�f/� - 1 i• (f r > 10 r 55 r_ `*o • • 4 ) fr q� ¢ 11 - c ; ., rpNCs 1,,0_ .16Ac,.,-. __ • , 406.*,,, ., $ 4.-97.,___„, rizs ,„, t., . , ---_ , • - .,4_ , - irili , __,-.74,, ---„..,:...:4/6„:,-, (7 aor7,..) / $ -- elce:r,. a. I .--e-_-_,,,. .6'1.5 f35 4rh 1pAC' 'c 2r, . — 13 -) . 4 /4,-,Am.:, i x - - ,f ------..7bi-' - ---- A ,,i,' -,-- -,_ . ' ("7 27 / ;'� I �. ;- - 9 IIIIFINT . i-1,,,--6M - -'. .,1'.' 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N Area 1:2,400 AN Savannah Area G I S Feat W E * 6- 0 124 24© 5 Map Text A21;A25 A40;A41;A44; A70;A71;A73 Interstates US Highways Mate Highways A45 Labels Labels Labels Buildings A30;A31;A35; Parcels A85;A81 Asa;A51 Free Ways State/US Labels highways A11;A15 -- Chatham 20130929 yCouncilPacket ;A61,A62, �ag0gg of 181 Labels 20130920/d MAYOR CITY MANAGER Jason Buelterman * Diane Schleicher CITY COUNCIL F CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brawn Jan Fox CITY ATTORNEY Bill Garnett Edward M.Hughes Tom Groover 6434441,4to,at � Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26,2013 Item: To obtain the City Council's approval to amend the FY2013 General Fund Operating and Capital Budget for yearend adjustments.. Explanation: I am seeking to obtain the City Council's approval of49,000,652':as the final budget for the general fund in FY2013. Currently, the general fund's operating and capital budget$1,064,062 is out of balance due to removal of the River's End RV Park transactions from the General Fund into a separate Enterprise Fund and due to what appears to be budget transfer processing errors. In,addition, several departments FY2013 budgets were over-extended at yearend and funds needed to be transferred from other departments to cover the departments' budget deficits. Finally,the general funds' revenueis adjusted for additional money transferred in from the hotel-motel fund, and the general fund expenditures is amended to cover the transfers out to other funds. A summary of the budget amendments and"budget transfers are disclosed in Attachment A. The final revenue and expenditure budget balance for the general fund will be$9,000,652. Budget Line Item Number(if applicable): Paper Work: __X Attached* , Already Distributed To Be Handed Out at Council Meeting(by Requester) AudioATideo Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By5:00PM the Thursday prior to the next scheduled City Council Meeting OT • R•quest will be postponed if necessary information is not provided. Submitted by: Phone/Email: (912) ! 72-50211ahudson rz,eityof tvbee.org Comments: * * *k P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866)786-4573—FAX(866)786-5737 � City of www.cityoftybee.org �aa 1tc1 20130926CityCouncilPacket Page 90 of 181 20130920/jrl ATTACHMENT A I SUMMARY OF GENERAL FUND'S FINAL BUDGET AMENDMENT AND TRANSFERS FOR FISCAL YEAR 2013 I CURRENT Y-T-D BUDGET BUDGET ADJUSTED ACTUAL DEPARTMENT NAME BUDGET 6/30/2013 BALANCE ADJUSTMENT BUDGET GENERAL FUND REVENUES TAXES 4,046,557.00 3,510,063.07 536,493.93 63,814.00 4410,371.00 LICENSES&PERMITS 239,350.00 259,273.25 (19,923.251 19,905.00 259,255.00 INTERGOVERNMENTAL 28,816.12 28,816.12 0.00 0.00 28,816.12 CHARGES FOR SERVICES 3,652,296.00 2,698,258.34 954,037.66 (954,060.00) 2,698,236.00 FINES&FORFEITURES 953,000.00 689,422.90 263,577.10 (263,596.00) 689,404.00 INVESTMENT INCOME 25,000.00 12,322.40 12,677.60 (12,680.00) 12,320.00 CONTRIBUTIONS&DONATIONS 4,000.00 8,470.00 (4,470.00) 4,470.00 8,470.00 MISCELLANEOUS 31,792.67 108,168,36 (76,375.69) 76,372.00 108,164.67 OTHER FINANCING SOURCES 1,047,715.27 1,085,867,02 (38,151.75) 37,900.00 1,085,615.27 *** TOTAL REVENUE *** 10,028,527.06 1 8,400,661.46 1 1,627,865.60 I (1,027,875.00)1 9,000,652.06 GENERAL FUND EXPENDITURES Mayor and Council PERSONNEL 4,600.00 5,692.02 (1,092.02) 1,100.00 5,700,00 SERVICES 57,583.92 74,381.16 (16,797.24) 17,000.00 74,583.92 SUPPLIES 13,050.16 13,026.30 23.86 0.00 13,050.16 TOTAL Mayor and Council f 75,234.08 1 93,099.48 I (17,865.40)1 18,100.00 93,334.08 Clerk of Council PERSONNEL 63,045.00 55,083.16 7,961.84 (4,625.00) 58,420.00 SERVICES 26,330.14 16,354,23 9,975.91 (8,1.99.00) 18,131.14 SUPPLIES 4,462.00 3,633.79 828.21 0.00 4,462.00 TOTAL Clerk of Council 1 93,837.14 1 75,071.18 18,765.96 1 (12,824.00)1 81,013.14 City Manager PERSONNEL 162,570.00 154,625.39 7,944.61 (6,000.00) 156,570.00 SERVICES 5,733.89 5,542.96 190.93 0.00 5,733.89 SUPPLIES 1,196.19 1,185.05 11.14 0.00 1,196.19 TOTAL City Manager I 169,500.08 l 161,353.40 1 8,146.68 I (6,000,00) 163,500.08 Finance PERSONNEL 384,431.00 342,592.61 41,838.39 (25,000.00) 359,431.00 SERVICES 116,558.03 97,355.56 19,202.47 0.00 116,558.03 SUPPLIES 8,894.83 6,483.55 2,411.28 0.00 8,894.83 TOTAL Finance I 509,883.86 1 446,431.72 63,452.14 1 (25,000.00)1 484,883.86 Law SERVICES 156,300.00 148,960.83 17,339.17 156,300.00 TOTAL Law I 156,300.00 1 148,960.83 1 17,339.17 1 0.00 156,300.00 Information Technology PERSONNEL 152,489.00 148,304.93 4,184.07 0.00 152,489.00 SERVICES 197,234.44 202,734.41 (5,499.97) 6,000.00 203,234.44 SUPPLIES 46,200.42 44,399.37 1,801.05 0.00 46,200.42 DEBT SERVICE 2,075.52 17,651.13 (15,575.61) 15,576.00 17,651.52 TOTAL Information Technology I 397,999.38 413,089.84 1 (15,090.46)1 21,576.00 1 419,575.38 20130926CityCouncilPacket Page 911 of 181 20130920/jrl ATTACHMENT A I SUMMARY OF GENERAL FUND'S FINAL BUDGET AMENDMENT AND TRANSFERS FOR FISCAL YEAR 2013 I CURRENT Y-T-D BUDGET BUDGET ADJUSTED ACTUAL DEPARTMENT NAME BUDGET 6/30/2013 BALANCE ADJUSTMENT BUDGET Human Resources PERSONNEL 86,802.00 83,659.29 3,142.71 (2,000.00) 84,802.00 SERVICES 14,473.37 11,612.64 2,860.73 0.00 14,473.37 SUPPLIES 3,282.00 2,682.32 599.68 0.00 3,282.00 TOTAL Human Resources I 104,557.37 I 97,954.25 I 6,603.12 (2,000.00) 102,557.37 Bldg Maint&Allocations PERSONNEL 210,525.00 202,660.78 7,864.22 (8,000.00) 202,525.00 SERVICES 92,600.00 75,784.74 16,815.26 (16,000.00) 76,600.00 SUPPLIES 3,000.00 1,578.58 1,421.42 (1,000.00) 2,000.00 TOTAL Bldg Maint&Allocations I 306,125.00 280,024.10 I 26,100.90 I (25,000.00)1 281,125.00 Municipal Court SERVICES 3,000.00 2,400.00 600.00 (600.00) 2,400.00 SUPPLIES 100.00 0.00 100.00 0.00 100.00 OTHER COSTS 7,000.00 7,000.00 0.00 0.00 7,000.00 TOTAL Municipal Court I 10,100.00 I 9,400.00 I 700.00 (600.00)I 9,500.00 Police Administration PERSONNEL 1,906,251.00 1,899,472,99 6,778.01 0.00 1,906,251.00 SERVICES 103,627.21 97,041.48 6,585.73 0.00 103,627.21 SUPPLIES 126,695.00 129,359.12 (3,020.04) 3,100.00 129,795.00 CAPITAL OUTLAY 43,164.00 57,113.00 (13,949.00) 15,000.00 58,164.00 OTHER COSTS 14,287.00 13,787.50 499.50 0.00 14,287.00 TOTAL Police Administration I 2,194,024.21 I 2,196,774.09 I (3,105.80)1 18,100.00 2,212,124.21 Beach Patrol PERSONNEL 70,191.00 94,713.60 (24,522.60) 25,000.00 95,191.00 SERVICES 1,000.00 965.93 34.07 0.00 1,000.00 SUPPLIES 3,700.00 2,672.75 1,027.25 0.00 3,700.00 TOTAL Beach Patrol I 74,891.00 1 98,352.28 (23,461.28)1 25,000.00 I 99,891.00 Fire Administration PERSONNEL 198,807.00 188,984.42 9,822.58 (4,000.00) 194,807.00 SERVICES 67,595.57 50,959.31 16,636.26 (11,000.00) 56,595.57 SUPPLIES 47,197.00 40,235.34 6,961.66 (2,000.00) 45,197.00 CAPITAL OUTLAY 13,000.00 13,000.00 0.00 0.00 13,000.00 TOTAL Fire Administration I 326,599.57 I 293,179.07 I 33,420.50 L (17,000.00)I 309,599.57 Emergency Management PERSONNEL 56,105.00 55,735.20 369.80 0.00 56,105.00 SERVICES 11,980.95 7,315.12 4,665.83 0.00 11,980.95 SUPPLIES 6,082.00 2,374.80 3,707.20 (2,244.00) 3,838.00 TOTAL Emergency Management I 74,167.95 65,425.12 1 8,742.83 I (2,244.00)1 71,923.95 Public Works PERSONNEL 1,050,503.00 959,552.86 90,950.14 (46,000.00) 1,004,503.00 SERVICES 183,631.61 156,685.50 26,946.11 (5,000.00) 178,631.61 SUPPLIES 285,993.00 252,469.15 33,523.85 (22,000.00) 263,993.00 CAPITAL OUTLAY 116,049.45 96,324.59 19,724.86 0.00 116,049.45 TOTAL Public Works I 1,636,177.06 1 1,465,032.10 171,144.96 I (73,000.00)-1 1,563,177.06 Storm Drainage SERVICES 7,500.00 6,000.00 1,500.00 (1,000.00) 6,500.00 20130926CityCouncilPacket Page 922 of 181 20130920/jrl ATTACHMENT A SUMMARY OF GENERAL FUND'S FINAL BUDGET AMEND MENT AND TRANSFERS FOR FISCAL YEAR 2013 CURRENT Y-T-D BUDGET BUDGET ADJUSTED ACTUAL DEPARTMENT NAME BUDGET 6/30/2013 BALANCE ADJUSTMENT BUDGET TOTAL Storm Drainage I 7,500.00 I 6,000.00 I 1,500.00 (1,000.00)1 6,500.00s Solid Waste Collection SERVICES 236,000.00 211,396.19 24,603.81 0.00 236,000,00 TOTAL Solid Waste Collection I 236,000.00 I 211,396.19 I 24,603.81 1 0.00 I 236,000.00 Cultural&Recreation SERVICES 98,419.44 83,360.76 15,058.68 (14,000.0C) 84,419.44 SUPPLIES 88,637.00 87,427.09 1,209.91 0.00 88,637.00 CAPITAL OUTLAY 5,417.04 5,417.04 0.00 0.00 5,417.04 OTHER COSTS 17,990.00 11,787.27 6,202.73 0.00 17,990.00 TOTAL Cultural&Recreation I 210,463.48 187,992.16 I 22,471.32 I (14,000.00)1 196,463.48 Recreation Centers SERVICES 158,450.00 158,450.00 0.00 0.00 158,450.00 TOTAL Recreation Centers I 158,450.00 I 158,450.00 I 0.00 I 0.00 I 158,450.00 Lifeguards PERSONNEL 339,659.00 323,305.25 16,353.75 0.00 339,659.00 SERVICES 9,224.35 10,598.54 {.1,:7=1.:1.$1 0.00 9,224.36 SUPPLIES 18,066.05 17,114.14 951.91 0.00 18,066.05 CAPITAL OUTLAY 8,029.00 8,029.00 0.00 0.00 8,029.00 TOTAL Lifeguards 374,978.41 I 359,046.93 I 15,931.48 I 0.00 374,978.41 Beach Related SERVICES 2,000.00 1,377.89 622.11 0.00 2,000.00 SUPPLIES 56,407.66 34,992.89 21,414.77 (19,000.00) 37,407.66 CAPITAL OUTLAY 347,000.00 197,089.61 149,910.39 0.00 347,000.00 TOTAL Beach Related I 405,407.66 I 233,460.39 I 171,947.27 (19,000.00)1 386,407.66 Museums OTHER COSTS 41,337.00 41,337.00 0.00 0.00 41,337.00 TOTAL Museums 41,337.00 I 41,337.00 0.00 I 0.00 I 41,337.00 Parks Administration PERSONNEL 170,450.00 148,264.78 22,185.22 0.00 170,450.00 SERVICES 5,000.00 830.08 4,169.92 0.00 5,000.00 SUPPLIES 25,161.00 17,593.15 7,567.85 (5.500.00) 19,661.00 CAPITAL OUTLAY 5,000.00 0.00 5,000.00 0.00 5,000.00 TOTAL Parks Administration I 205,611.00 1 166,688.01 I 38,922.99 (5,500.00)1 200,111.00 Zoning and Inspection PERSONNEL 123,924.00 118,711.27 5,212.73 0.00 123,924.00 SERVICES 90,568.63 66,696.52 23,872.11 (5,000.00) 85,568.63 SUPPLIES 7,093.82 5,876.18 1,217.64 0.00 7,093.82 TOTAL Zoning and Inspection I 221,586.45 I 191,283.97 30,302.48 I (5,000.00)1 216,586.45 Better Hometown PERSONNEL 60,785.00 59,050.69 1,734.31 0.00 60,785.00 SERVICES 6,310.01 5,116.90 1,193.11 0.00 6,310.01 SUPPLIES 7,354.47 4,818.70 2,535.77 0.00 7,354.47 TOTAL Better Hometown 74,449.48 I 68,986.29 I 5,463.19 0.00 1 74,449.48 20130926CityCouncilPacket Page 913 of 181 20130920/jrl ATTACHMENT A 1 SUMMARY OF GENERAL FUND'S FINAL BUDGET AMENDMENT AND TRANSFERS FOR FISCAL YEAR 2013 1 CURRENT Y-T-D BUDGET BUDGET ADJUSTED ACTUAL DEPARTMENT NAME BUDGET 6/30/2013 BALANCE ADJUSTMENT BUDGET Community Development SUPPLIES 5,106.00 528.12 4,577.88 (4,000.00) 1,106.00 TOTAL Community Development I 5,106.00 I 528.12 I 4,577.88 J (4,000.00) 1,106.00 Parking PERSONNEL 231,962.17 190,879.03 41,083.14 (2,000.00) 229,962.17 SERVICES 225,105.38 174,284.62 50,820.76 (41,000.00) 184,105.38 SUPPLIES 150,159.97 116,001.84 34,158.13 (4,500.00) 145,659.97 CAPITAL OUTLAY 18,278.00 18,278.00 0.00 0.00 18,278.00 TOTAL Parking I 625,505.52 I 499,443.49 126,062.03 I (47,500.0011 578,005.52 OTHER FINANCING USES 234,024.72 363,717.74 (129,693.02) 213,078.88 447,103.60 TOTAL Other Financing Uses I 234,024.72 I 363,717.74 I (129,693.02)1 213,078.88 I 447,103.60 Campground Debt Service I 34,648.76 I I I 34,648.76 I TOTAL Expenditure Adjustments 8,964,465.18 8,332,477.75 606,982.75 36,186.88 9,000,652.06 20130926CityCouncilPacket Page 911 of 181 20130920/jrl MAYOR CITY MANAGER Jason Buelterman �� y Diane Schleicher CITY COUNCIL viz CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern ,yv Janet Le''v'iner Barry Brown trA / Jan Fox A 1 .x CITY ATTORNEY Bill Garbett 't Edward M.Hughes Toni Groover rxtu ‘'� Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26,2013 Item: To request the City Council's approval to write-off 25% of the$64,550 Notes Receivable due from Post. Tybee Theater as bad debt, effective June 30,2013. Explanation: In FY2011 the City of Tybee Island loaned the Tybee Theater $64,909. The Post Tybee Theater has only made one payment of$359 toward the loan in FY2012,redoing the balance due to $64,550. Since that time,the Post Tybee Theater has requested and received additional'funds from the city due to financial need. Therefore, it is requested that the City Council write-off25%1($16,138) of the balance due as of June 30, 2013 and report the amount as a bad debt expense. Budget Line Item Number (if applicable): Paper Work: Attached* Already Distributed To Be Handed Out at,Council Meeting(by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting OTE: Retest will be postponed if necessary information is not provided. Submitted by: , .k i � Phone/Email: (912` 72-5021/ahudson{rr�,cityoftybee.org Comments: / Date given to Clerk of Council * * * P.U.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866)786-5737 ' City of 1y Ethics www.cityoftybee.org ss 9 L�1i 20130926CityCouncilPacket Page 95 of 181 20130920/jrl MAYOR I CITY MANAGER Jason Buelterman Diane Schleicher I. CITY COUNCIL e CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tent Janet LeViner Barry Brown Fox • CITY ATTORNEY Bill Garrett et;: ii.: Edward M.Hughes Torn.Groover r� octto ' , Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26,2013 Item: To request the City Council's approval to write-off$17,983.62 as bad debt expense for 52 customers non-payment of sanitation and water& sewer fees, effective as of June 30, 2013, Explanation: A review of the outstanding sanitation and water& sewer customer accounts balances disclosed 52 accounts that the Finance Department has determined to be uncollectable. The cumulative balance of those accounts is $17,951.62. Therefore, the Finance Depad lriient is requesting the City Council's approval to write off$14,128.73 of water& sewer balances and$3,854.89 of sanitation balances as of June 30, 2013 as bad debt expenses. A list of the delinquent accounts is included as an attachment to this agenda item. Budget Line Item Number (if applicable): Paper Work: Attached* r`Already Distributed To Be Handed Out at Council Meeting(by Requester) AudioNidet Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Re•nest will be postponed if necessary information is not provided. Submitted by: 1.1... _1 Phone/Email: (912) 72-5021/ahudsonQicityof tybee.org Comments: Date given to Clerk of Council P.Q.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866)786-5737 City of www.cityoftybee.org1,�thi`d�t-It 20130926CityCouncilPacket Page 96 of 181 201300/jr1 ,-1 6l N. C1 N rN C) N O v 10 0 0) N CO •0 ri u1 N 10 C7 4e) CO In o) lip O er U1 0 C) co) r-{ N on c r1 • N tD N coa a) r1 •-I O N 1D 0 1D M N o) CO 0 07 W r) r1 D) N N r1 r c• 0) M C) M rl N OD c)' UT O 17 M N 4--1 N 0.. C7 0 0 C7 0 0 0 0 0 C7 C7 0 0 0 O +2 gc KL ,K r.0 r.E a 4 rr: < r.0 rl: r;G < ) 4 a a 7 0) 0 7 3 0 cc 7 0) a a 7 a 14 4 4 FC < r>x Fc W E4 4 < E4 4 0 d 4 < 4 K& 17 (.? ED C-J 0* CD u) 0 CD E7 0 t} CD CD C9 CD C7 E-7 1 I r I I ! 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U E U E U 0 0' 10EZZ < C < n r n ,r1 r- R, W i••1 W o 20130920/0 201V926CityCouncilPacket Page 100 of 181 20130920/ O Ch W 54 044 C) City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: Propose purchasing 6 garbage cans with cigarette dispensers and one Big Belly Compactor for the South end Business District. Locations are indicated in exhibits. Cost for 6 heavy duty teal colored garbage cans with cigarette dispensers is $7,602.72 and one 160 gallon single station Big Belly Compactor is $2,995 for a total of $10,597.72. To purchase at this time would require approval and a budget amendment by city council from contingency to public works small equipment— 100-1565-52-2203 Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 9.17.13 20130926CityCouncilPacket Page 101 of 181 20130920/jrl a, N a ° o c w E E fa o 2 0 ° ■ -. / e rn ^$ K al,- % 2 c c L. _ ® / / 0 E E k § � \ k 0 � - \ $ / 2 o E - .0 4., N Al 151 0 OJ % 2 ° ai 3 g ea 7 4_ � k w cu k ,_ % cu i ^ k 0 0 • 0 -- g f q 2 03 2 m _ , 2 0 § m 0 t o CO 2 ° k = ° / C = ( k b § tn• E — 0 U / 0 2 0 § 41 0 / f Co k o � (Z a, ' 2 8 m 0 p " - ( o - \ o c . 2 e c b / / \ ' m O eu / 2 \ O Co * k . k 2 > ° 7 « o I fp x 2 ƒ 2 2 % 0 0 § } £ 2 0 Co « = ± / ƒ \ E o 3 § \ ° — - / Cl) k 0 k k a) 0\ ƒ / # E O E c -0 k aj° 0 ° ° / \ 7 u ± m « 0. c # C 4 0 2 0 tit E e — a)ƒ f S f \ $ \ E / f / 0 2 C — % S 2 2 / 0 * | % m % & 2 m (0 O % m 20l30£6C«cuncilPa&w Page 102 of 181 20130920/0 O / v.v. q I I- z 7 'z w 0 _ -a O u : CI Z R Z k tn o $ - 0 5 %-1 o o I \ % Z in 0 » 0 < d o E i al ® oi G § w -3 § m a u -a O < � \ o z S Z en R Q ts 2 L. \ c 2 § r 2I- E � / « u G 2 \ < � ~ u k -I CC } © Ai a a / 2 0 0 z 0 0 2 0 p. « a / -6 I 0 \ 0 a g >- a < L z / V) o k 3 O 0 L 2 k \ \ Q 2 o o k -1 < o ) 0 0 E \ / § w - 3 ° / / 2 - 20l30£6C«cunci!Packet Page 103 of 181 20130920/0 SMART+ COMPACTING waste rec c l . n stations 0 17.... , ...., ... ... 10 SIM alga SIM BIGBELLY BIGBELLY+ BIGBELLY+ BIGBELLY SINGLE SMARTBELLY SMARTBELLY DUO STATION DOUBLE TRIPLE STATION STATION STATION Compactor for trash Compactor for trash and a Compactor for trash and two Two compactors - or single-stream fullness-sensing receptacle fullness-sensing receptacles one each for trash & single- recycling for recycling or compostables for recycling or compostables stream recycling 160+ gallon capacity 210+ gallon capacity 260+ gallon capacity 320+ gallon capacity $2,995* $4,240* $5,485* $5,990* *All BigBelly Solar Waste&Recycling Stations come with one-year of CLEAN and Service Pack included Add lifetime CLEAN software for remote monitoring, operations management & more $999 $1 ,349 $1 ,699 $1 ,349 Stay protected with Service Pack: get preventative maintenance, recommendations & more $15/mo* $2OImo* $251mo* $2OImo* *Service Pack included for first year,monthly fees begin in 13th month after purchase Bi • . ri 85 Wells Avenue,Suite 305,Newton,MA 02459 S Tel 888.820.0300 I Fax 617.558.1010 •@bigbellysolar.com I www.big. Prices effe •a• 1,2012 20 26 I y ouncilPack Wage 104 of 181 20130920/jrl t SMART & l .r lin stations ec c .• ..11 .... .0. In EAM • 2 ,,,, a SMARTBELLY SMARTBELLY SMARTBELLY SINGLE STATION DOUBLE STATION TRIPLE STATION Fullness-sensing receptacle Two fullness-sensing receptacles Three fullness-sensing receptacles for trash, recycling for trash, recycling for trash, recycling or compostables or compostables or compostables 50 gallon capacity 100 gallon capacity 150 gallon capacity $ 1 ,745* $2,990* $4,235* *All BigBelly Solar Waste&Recycling Stations come with one-year of CLEAN and Service Pack included Add lifetime CLEAN software for remote monitoring, operations management & more $999 $1 ,349 $1 ,699 Stay protected with Service Pack: get preventative maintenance, recommendations & more $15/mo* $2OImo* $251mo* *Service Pack included for first year,monthly fees begin in 13th month after purchase BigBelly 85 Wells Avenue,Suite 305,Newton,MA 02459 S Tel 888.820.0300 I Fax 617.558.1010 .•@bigbellysolar.com I www.big. Prices k a •,f,! r 1,2012 20 26 I y ouncilPack Wage 105 of 181 20130920/j1 CUSTOMIZING our stations _ , co .. , .. __ _.. eo.s, r : -;,„ ., ...R._ ___ .„._:.„,,,Reg* I -....4 CL '!I:1 Make�( Cpq a t and P or :� f' a save••• ter,' < h P iii OK n- j pierce c-CueGe -PerCeC pOs° Ce SINGLE DOUBLE TRIPLE STATION STATION STATION $361 $576 $783 0 Upgrade to Anti-Graffiti Wraps $436 $689 $942 W .: , _• Cn _-Ira IIICICJ � iasroly ;A W � -` -71 5-49: $67/each W moan= +ip^ CO 50-149: $38/each V r' W Q 150: $38/each 2 , $27Oistation -- Aft BigBelly 85 Wells Avenue,Suite 305,Newton,MA 02459 S Tel 888.820.0300 I Fax 617.558.1010 .•@bigbellysolar.com I www.big•,, Prices effe #1„,!: 1,2012 20 26 I y ouncilPack; Wage 106 of 181 20130920/jrl BigBelly Solar Service Pack Coverage Service Pack Coverage Your Service Pack Coverage includes the repair or replacement of any defective parts, battery replacement as needed (assuming proper installation location according to BigBelly Solar best practices), pro-active service alerts and quarterly business reviews. When your complimentary initial 12 months of Service Pack coverage expires you will be billed monthly for this service. Failure to remit payment within 30 days will result in the termination of your Service Pack coverage. Before or at the time of your coverage expiration you may choose to pre-pay for extended coverage at a discounted rate. Extended Service Pack coverage will also include an annual preventative maintenance visit to each station by BigBelly Solar or an authorized service partner. Any damage or destruction of stations due to vandalism, vehicle strikes and external trauma is explicitly not covered under the Service Pack and any repairs or replacement costs are the sole responsibility of the owner. Failure to adequately install a station using BigBelly Solar best practices may result in voiding your Service Pack coverage.Any lapse in Service Pack coverage will invalidate any future coverage for the station(s) in question.An active CLEAN Software license is required for Service Pack coverage. Note that exterior wraps are specifically excluded from Service Pack coverage. BigBelly shall not be liable under this warranty if its testing and examination disclose that the alleged defect or malfunction in the product does not exist or was caused by customer's or any third person's misuse, neglect, improper installation or testing, unauthorized attempts to open, repair or modify the product, or any other cause beyond the range of the intended use, or by accident,fire, other hazards, or acts of God. Optional Extended Service Pack Coverage Pre-paying for extended Service Pack Coverage will provide you with additional months of the above benefits and services beyond the initial one-year term. When your extended Service Pack coverage expires, you will be billed monthly for this service. Failure to remit payment within 30 days will result in the termination of your Service Pack coverage. Before or at the time of your coverage expiration you may choose to pre-pay for additional extended coverage at a discounted rate. Extended Service Pack coverage will also include an annual preventative maintenance visit to each station by BigBelly Solar or an authorized service partner. - BigBeliy 20130926CityCouncilPacket Sage 1c7 R 20130920/jrl 85 Wel " ."" ;` if`, ' 1 9 Tel 888.820.0300 ax . 7. 5:. ' nfo @bigbellysolar.com W W W.B I G B E L LY S•"' °. `• T1. —' , '• " M' � ,.. ., �.wa '4NN1!♦�� ��r4�q��. cm. 1 ' , ,, ,r 1I gi1il11''IiMl�r� �� , i�r2 .i i6�► I• ,, li4,,i 10, �.. ��1N �N�'71 �,� ��, ra w° a ����# ���Y s �9�' •y yr + � 1te -.ilr f l "441$ I 11111:11:11111111111/1:' ,ewe : Tai - • I , : ,M ��111�"��11�'M� �rrw _ 9nl9 r -24 ' , 441 11 '1,4;,:" // 7 ;( 1 i" �--" � ; ` gyp { �i - 19� M1 �r 2`,� _ L I_ Vi.,u 1 '1- ,' - 0 I : ''''' ROM S CANS PgPEg - ` c BigBelly RECY{LINGONLY SOLAR COMPACTOR i- - _____ 1I 41111111mmb !I 4 il r 4 't . J a a " _ 4 I1 C� L4 COMPACTO VI i C PROVEN RESULTS SLASHING PUBLIC SPACE COLLECTIONS WITHOUT COMPROMISING QUALITY Save time,money and by drastically From Philadelphia to Chicago to El Paso, The system also brings previously impos- slashing trash&recycling collection fre- BigBelly Solar is revolutionizing the way sible transparency and accountability to quency—without sacrificing service cities tackle public space waste and recy- the entire process, enabling cities to cling collection, driving operational ben- do more with less during these difficult • CREATE CLEANER STREET-i efits across the nation financial times. Eliminate overflows and litter thanks to additional capacity&enclosed containers Using information technology and solar The value proposition is simple: energy,cities and towns can dramatically •Solar-powered waste and recycling • 1 • ASE R I reduce how often they need to collect stations provide 5X capacity for waste nip`- e '. °r –sal a.- recycling waste and recycling, lowering fuel and thanks to on-site compaction program&increase diversion rates labor costs while dramatically reducing •The cloud-based management console their carbon footprint. Those new-found gives collection staff and management • ',R_!,.lA!.—_ ,. „,.,~,.k-,i:_.,_I., savings can properly staff and maintain real-time data and historical report- Put your commitment to environmental public space recycling in a meaningful ing, reducing collection frequency and initiatives on display with eye-level solar and ongoing manner ensuring excellent service quality. BigBelly --- 20130926CityCouncilPacket "age 10of 181 20130920/jrl - 85 We s�'1' nue; ' -e° 1 'e*on, „o.,; Tel 888.820.0300 Fax 6 '.°5tf.'I`i`� nifo @bigbellysolaccom W W W.B I G B E L '• , . • di„.:., 4,:_„,,,,,_. I, „ ' I i P . .� ,s. - greener Mk 1. 1, r_ " _ . �,, I �_ ems`It ► ( 1 t 41O.. i , • ELIMINATING LITTER . Ensure streets and sidewalks are free of overflowing trash cans and not 0 Oil - - attracting animals or generating complaints. RECYCLING THAT WORKS ti- "`- Improve diversion rates, ensure materials are collected in a timely manner and measure your success down to the specific location. • 1111111 I 1 'it`IiE ..;,.1 I SOLAR All Groups 1 — Efficiency . -. _ ' r 82/ 0 0 a /Presb,'"'' s `'.4 , o9e P WI in NMI Ric 0 em 0 • 0 o°s® N ,a — ok, y lo o f f 5' c VEIIOW ]. s' �.5 s',,, 9" 'Goagle ' s °°n,E=.�N=.P4oEa REDUCING COLLECTION FREQUENCY • TRASH With the power of remote monitoring and analytics, you can conserve time, fuel and money by only collecting waste and recycling when you tft,otRTTLES• HERE • really need to, freeing up valuable resources for other pressing needs. III III ®TRASHNERE II A SHOWCASE FOR SUSTAINABILITY I 441— Communicate your organization's commitment to reducing your carbon i footprint by highlighting specific achievements and initiatives. Po•. ... BigBelly 85 Wells Avenue,Suite 305,Newton,MA 02459 Tel I Fax 617.558.1010 s @bigbellysolar.com I www.big?-, 20 26 i y ouncilPack; Wage 109 of 181 20130920/jrl 1 ill, --___.-..wr, r• } 2 x + 4 ti v t i .. l / V. -fir .. . 's' t �ffµ fk i. � .. } _ .— ,, - - i r I 1 i. . '_\ . ' 1 .1 i , .. I. "IP 1 r .;,.,..1,4ri ,••. ,1 L _.---: -i7=-p_d.--`---, f I : .0 z .e�c - 'mow RECYCLING f Y :, r -_5 � - - --.tom._ •; _ _ PROVEN RESULTS CONSERVING RESOURCES WHILE PROVIDING A SUPERIOR EXPERIENCE • � _ ,,. E R Eliminate overflows and animal issue From Bloomington, Indiana, to Everett, and ongoing manner, and the enclosed thanks to additional capacity&enclosed Washington,parks departments are revo- nature of BigBelly Solar waste and recy- containers lutionizing how they maintain their parks, cling stations also eliminate many corn- no longer letting the threat of overflowing mon issues, from animal infestation to • INCREASE RECYCLING trash cans and litter dictate their sched- trash blowing into waterways. Implement a truly sustainable recycling ules, enabling communities to do more program&increase diversion rates with less during these difficult times. The value proposition is simple: •Solar-powered waste and recycling • • • • V • SUSTAINA: Using information technology and solar stations provide 5X capacity for waste . +` -I me . -..T:o` -n a energy, collections can be dramatically thanks to on-site compaction initiatives on display with eye-level solar reduced, lowering fuel and labor costs •The cloud-based management console while dramatically reducing emissions. gives collection staff and management • Q•_)NT, _ „ „t,,.•k _ ,E Q -.ET,S real-time data and historical report- Save time,money and fuel by drastically Those new-found savings can facilitate ing, reducing collection frequency and slashing trash&recycling collection fre- public space recycling in a meaningful ensuring excellent service quality. quency—without sacrificing service BigBelly --- 20130926CityCouncilPacket age 11Iof 181 20130920/jrl 85 We s•'T-flue, ' -e- 1 'e*on, ° •'o.,; ° Tel 888.820.0300 Fax G`'M`5M. -.1 1 mfo @bigbellysolar.com W W W.B I G B E L ' +' , ' • . c _. 7_rner + reener r a. sore 1'1.11. . %.1 -LL , ELIMINATING LITTER -- °c. " ' I Ensure playgrounds and pathways are free of overflowing trash cans and f. I 1 1 not attracting animals or generating complaints. lee- _ - .... _ - - 1 RECYCLING THAT WORKS- t '` Improve diversion rates, ensure materials are collected in a timely manner and measure your success down to the specific location. imeggj I BigBelly SOLAR All Groups SOLAR p ' ,,, i -. Efficiency o111 Srt �� � o9 •1; 0 1f go ' e „o I y , ) I ■I • I <.• BPS .4 Ezz"Ii w O v =, 141.1- ' Y. ,,B9, T.,, S, s an�tn Total Red VeHow ' Goggle 's sa o,o Amp " C7or Ilatrimm lla Refresh Filter •List o_r-.. _ ',-\-,O , _, , ;- REDUCING COLLECTION FREQUENCY ,} a{f l" With the power of remote monitoring and analytics, you can conserve 6 ? �. , ,1,. I time, fuel and money by only visiting parks to collect waste and recycling M' iv t �Jm_� till 11 ' • yL " I when you really need to, freeing up resources for other pressing needs. ',rti'� .' " A SHOWCASE FOR SUSTAINABILITY 0 41% Communicate your organization's commitment to reducing your carbon footprint by highlighting specific achievements and initiatives. ^� k Bi •- -- Ti ' 85 Wells Avenue,Suite 305,Newton,MA 02459 S Tel 888.820.0300 I Fax 617.558.1010 @bigbellysolar.com I www.bigbellysolar.com 20 26 1 y ouncilPack; 20130920/j' Douglas County Parks, II BigBelly c Trails & Building Grounds S ® LAR 0 u) Reducing Collections G cots* . Chris Williams, District Supervisor of 11.141Mr Douglas County Parks, Trails and Building 0` - Grounds, was first introduced to BigBelly Solar in 2008. Douglas County was most interested in the BigBelly solution for the 49 'L100F6-111 length of time they could go between col- lections thanks to the 150 gallon capacity. By The Numbers With this goal in mind, Williams was able county � 000 to have 12 BigBelly stations deployed as a population pilot, nine compactors at their county build- ings in Castle Rock and three in a large parks regional park in Highlands Ranch around managed I a busy playground. The sole goal for this deployment strategy was to create enough critical mass to cut collections. Hidden Benefits Impressive Efficiency Like any park, Douglas County's are judged Douglas County has been able to reach a primarily on their aesthetics. The BigBelly 95% collection efficiency rate by utilizing stations have not only allowed Williams the CLEAN management console. to reduce the number of collections, but have also prevented unsightly overflows "In most cases we were when soccer leagues create high volumes. Additionally, the solution has eliminated collecting once or twice a the messes caused by animals. week with the old-style cans. We now actually go 20 to 30 "With our standard trash re- days between collections." ceptacles we have a real prob- lem with birds dragging trash from the waste baskets and According to Williams, they have been able scattering it on the ground. to attain this level of efficiency by checking CLEAN every morning, as well as through- The BigBelly stations have out the day. Staff is then only deployed eliminated that problem." when a station's fullness level has reached "yellow," indicating that a trip is warranted. All employees with smart phones have Williams is eager to expand their system downloaded the CLEAN mobile application footprint after the success of their initial so they can check the fullness status of purchase of BigBelly stations. nearby stations is they are in the field. They plan to have Fairgrounds Regional This data and the increased capacity has Park completely outfitted with BigBelly allowed Williams to reduce the amount of Solar stations in the next three years utiliz- staff hours and fuel spent on collections. ing conservation trust fund lottery dollars. City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: To request the City Council's approval to transfer $20,000 from the General Fund contingency fund line item into the Human Resources Department budget. Explanation: The city needs to transfer$20,000 from the general funds' the contingency line to the Human Resources Department's payment to others line item 100.1540.57-3000 to cover an unanticipated legal expense. Budget Line Item Number(if applicable): Paper Work: _ _ Attached* Already Distributed To Be Handed Out at Council Meeting (by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by: Phone/Email: (912) 472-5021/ahudson@cityof tybee.org Comments: Date given to Clerk of Council 20130926CityCouncilPacket Page 113 of 181 20130920/jrl City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: To obtain the City Council's approval to amend the FY2013 SPLOST 2008 Fund Budget by a decreasing the revenue $20,490.88. Explanation: The 2013 fiscal year budget for the SPLOST 2008 Fund 320 revenues and expenditure budgets are out of balance by$20,490.88, as the revenue budget is $3,007,828 and the expenditure budget is $2,987,337. I am seeking to obtain the City Council's approval to decrease the revenue budget for the SPLOST 2008 fund by$20,490 in order to balance budget. Budget Line Item Number(if applicable): Paper Work: _ Attached* Already Distributed To Be Handed Out at Council Meeting (by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by: Phone/Email: (912)472-5021/ahudson@cityof tybee.org Comments: Date given to Clerk of Council 20130926CityCouncilPacket Page 114 of 181 20130920/jrl City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: To obtain the City Council's approval to amend the FY2013 Hotel-Motel Special Revenue Funds Budget by an increase of$80,000. Explanation: The original 2013 fiscal year budget for the hotel-motel was $2,050,000. As of June 30, 2013, the collection of hotel-motel taxes exceeds the budget by$76,500. It is probable that the city is owed an additional $3,000 to $4,000 taxes through June 30, 2013. Therefore, I am seeking to obtain the City Council's approval to increase the revenue and expenditure budget for the hotel-motel fund by an additional $80,000 as the final budget for FY2013. With approval from the City Council, the hotel-motel budget will increase from $2,050,000 to $2,130,000. Budget Line Item Number(if applicable): Paper Work: — _ Attached* Already Distributed To Be Handed Out at Council Meeting (by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by: Phone/Email: (912) 472-5021/ahudson(a,cityof tybee.org Comments: Date given to Clerk of Council 20130926CityCouncilPacket Page 115 of 181 20130920/jrl City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: Proposed Thomas &Hutton Engineering Proposal for Sewer Force Main# 6—Not to exceed $45,000. Infrastructure Committee recommended 3-0. Budget Line Item Number (if applicable): Paper Work: X_Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 9.18.13 20130926CityCouncilPacket Page 116 of 181 20130920/jrl THOMAS & HUTTON 50 PARK OF COMMERCE WAY I POST OFFICE BOX 2727 SAVANNAH, GA 31402-2727 I 912.234.5300 WWW.TH 0 MASAN DH LITTON.COM September 3, 2013 Ms. Diane Schleicher City of Tybee Island 403 Butler Avenue Tybee Island, GA 31328 Re: Water System Improvements City of Tybee Island, Georgia Letter Agreement for Services Additional Services for Lift Station #6 Force Main Replacement Dear Ms.Schleicher: Pursuant to our discussion at the August 8th infrastructure Committee meeting, you requested Thomas & Hutton perform the following scope changes, which were not included in our original contract: Design, permitting, bid and construction phase services for Lift Station #6 force main replacement. The project will consist of approximately 5,800 linear feet of 12-inch C-900 PVC force main and appurtenances, connecting to the existing force main in front of Lift Station #6 from Jones Avenue, along Solomon's Avenue, and Polk Street to the existing force main at the entrance to the wastewater treatment facility. A jack and bore cased crossing of US Hwy 80 and permitting through the Georgia Department of Transportation will be required. A directional drill of the section of Solomon Avenue where construction will be within the 25' marshland protection zone will also be included. The Engineer will utilize a previously completed topographic survey furnished by the City. The force main plans and specifications will be incorporated into the proposed water system improvement project currently under design and the project will be bid as a single project. In order to provide the additional scope of work specified, we request a modification of our contract. Our fee to perform the described scope is as follows: Fee or Time & Phase Fee Structure Expense Budget General Consulting/ GEFA Application: T4 F $ 5,000.00 Design: Lump Sum $ 12,000.00 Permit: Lump Sum $ 7,500.00 Bid: Lump Sum $ 2,500.00 Construction: Lump Sum $ 14,000.00 Post-Construction: Lump Sum $ 4,000.00 Additional Services: Time & Expense-See Consulting Services Rate Sheet Owner's Initials CSConsultant's Initials 20130926CitynunciVaT et' SC I MYRTLE BEACK. ge1117OTThi NGTON, NC l BRUNSWICK, GA 20130920/0 Ms. Diane Schleicher City of Tybee Island Letter Agreement for Services September 3, 2013 Page Two If acceptable, please indicate your authorization to proceed with this additional work by signing and initialing where designated below and returning a copy to us for our files. This proposal will be open for acceptance until October 31, 2013, unless changed by us in writing. Please note that no work will be performed without prior written authorization to proceed. This extra work is subject to the terms and conditions of the contract executed for this project dated June 10, 2013 This proposal between the City of Tybee Island (Owner), and Thomas & Hutton Engineering Co. ("Consultant" or "Engineer"), consisting of the Consulting Services on a Time & Expense Basis Rate Sheet and Exhibit 'IA," represent the entire understanding between you and us with respect to the scope change. This agreement may only be modified in writing if signed by both of us. We appreciate this opportunity to be of service to you on this project. Should you have any questions or need further information, please do not hesitate to call on us. Very truly yours. THOMAS & HUTTON ENGINEERING CO. By (k, James J. ollins, P.E. Region director By A. Christopher Stovall, P.E. Principal/Project Manager JJC,ACS/kts Enclosures: Exhibit "A" Additional Services of Consultant Consulting Services Rate Sheet ACCEPTED: , 2013 By TITLE Owner's Initials Consultant's Initials 20130926CityCouncilPacket Page 118 of 181 20130920/jrl EXHIBIT"A"TO LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) ADDITIONAL SERVICES LIFT STATION#6 SEPTEMBER 3,2013 EXHIBIT "A" ADDITIONAL SERVICES OF CONSULTANT If authorized by Owner in writing, Consultant shall furnish or obtain from others, Additional Services of the following types that are not considered normal or customary Basic Services. 1. Revising previously fully approved and accepted studies (by regulatory agencies), reports, design documents or Contract Documents when such revisions are due to causes beyond Consultant's control. 2. Furnish the services of special consultant for other than the civil or structural engineering defined in the scope of services. Special services such as mechanical or electrical engineering, geotechnical exploration, underwater investigation, laboratory testing and inspections of samples, materials, and equipment. 3. Preparing to serve or serving as a consultant or witness for Owner in any litigation, public hearing or other legal or administrative proceeding involving the project. 4. Services after completion of the Construction Phase, such as inspections during any equipment, material, or construction guarantee period and reporting observed discrepancies under guarantees called for in any contract for the project. 5. If requested by Owner and agreed to in writing, a Resident Project Representative will be furnished and will act as directed by Consultant in order to assist in observing performance of the work of Contractor(s). Through more extensive on-site observations of the work in progress by the Resident Project Representative, Consultant shall endeavor to provide further protection for the Owner against defects and deficiencies in the work of Contractor(s). However, the furnishing of such representation will not make Consultant responsible for construction means, methods, techniques, sequences, procedures or for safety precautions or programs, or for Contractor(s), failure to perform their work in accordance with the Contract Documents. Owner's Initials Cartsultant's Initials 20130926CityCouncilPacket Page 119 of 181 20130920/jrl c •l - _.,�� m 11111 " Q `c o 000 C 2 ( E 4 E m co LFJ 3Q I l' J A E d m 4 c m m < 7E3▪ z CD o - ro 2 ® 8 a ›. _ _ 7, m• E -0 ti as qi v 0 P M .z z .z a ® �' m — ` ° . S iD g a n as L Q [7 2 a CC ¢ CC [t m c ca 0 o ro g m v m Ca 0 r 4 a t c ti Li: L� [i p U p C� 0 r� .0 G CJ C O ,� le N 3 C. U m U c=—r 4 5 H 7 0 j7 N C? 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Fi�aa� =� Q cl, i T 1= _ C f6" iC Z p• N D y flU viol y O 7 _C — Q EX co 0 0• c o4;:0 o u p w � rn I $ 2wgwaL5gwgw ;13W`v,— &I- .01—§ .9 m E m o r C7 C D dCtQditd 0-o_ �� .m •� 2 U U U c�Q € C 2 li 4-© O C (S al-0 C w w W w C ca 7+ co r x 2 , m m 1 - 0 �m .c 2 rmm 9 $ 6;8 S °c $ 8 8 $ 1$1(aa S 4° 8 °o 8 �Sy C Cry 0 p„ y 7 ` N �_� S m A N Q C�0 W M [J i7 co p to Iri E t si C F o.>= H = ms arr �► us 6 6 �a us vs ur 69 eM srt us yr ur err Q 1i r cv - - col 4 U) c0i Owner's initials A 20130926CityCouncilPacket Page 120 of 181 20130920/jrl Consultant's Initials MAYOR ;.-6:1: A --,..„, CITY MANAGER .c,./-"0 „' ' Jason Buelterman ,','-v• . , -,-,,',, '-= --4. Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown 4 Jan Fox Z` CITY ATTORNEY Bill Garbett \1 Edward M.Hughes Tom Groover N7-1147ED eicKYON. Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. --, CoatuameE Meentsg,:Dale for Request: Seip.enfiael-f.26, 2013 _ , Item: To obtain the City Council's approval to establish a budget for the FY2017 River's End Park Funds Budget in$1,062,523.76. Explanation: The original 2013 fiscal year budget the River'sEnd RV Park was included in the General Funds' budget. Later in the fiscal year, the parks' revenue and expenditure transactions were moved from the General Fund into its' own enterprise fund. This request to transfer budget from the General Fund into the River's End RV Park Fund with the inclusion of an additional 34,648.76 added to the revenue in order to balance the budget at$1,062,523.76. $12,292 will be added to-the campground fees revenue line item and $23,356.76 will be added to the transfers in from general fund revenue line item. Budget Line Item Number(if applicable): Paper Work: Attached* Already Distributed To Be Hanclec` Out at Council Meeting(by Requester) Audio/\'ideo Presentation** ** Audio/video presentation must be submitted to the IT department at City HEE By 5:00PM the Thursday prior to the next scheduled City Council Meeting 77E: Request wffi be postponed if necessary information is not provided. Submitted by: c \-- Phone/Emai 7 4725O21/ahudsoncityoftYbee.org Comment Date given to Clerk of Council * Itr P.O. :ox 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 * Certified * City of , (866) 786-4573—FAX(866) 786-5737 t„. Ethics ,d1 www.cityoftybee.org 20130926CityCouncilPacket Page 121 of 181 201309200 9-19-2013 03:04 PM C I T Y O F T Y B E E I S L A N D PAGE: 1 FINANCIAL STATEMENT - UNAUDITED AS OF: JUNE 30TH, 2013 555-Rivers End RV Pk & Campgr FINANCIAL SUMMARY % OF YEAR COMPLETED: 100.00 CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUES CHARGES FOR SERVICES 1,027,875.00 162,481.70 0.00 1,040,166.40 0.00 ( 12,291.40) 101.20 OTHER FINANCING SOURCES 0.00 10,917.21 0.00 10,917.21 0.00 ( 10,917.21) 0.00 *** TOTAL REVENUE *** 1,027,875.00 173,398.91 0.00 1,051,083.61 0.00 ( 23,208.61) 102.26 EXPENDITURES River's End RV Park PERSONNEL 322,373.57 23,766.13 0.00 296,663.58 0.00 25,709.99 92.02 SERVICES 164,669.69 5,943.06 0.00 164,310.03 1,006.68 ( 647.02) 100.39 SUPPLIES 230,845.33 ( 7,342.72) 0.00 191,708.30 0.00 39,137.03 83.05 CAPITAL OUTLAY 57,278.50 4,949.50 0.00 56,138.50 0.00 1,140.00 98.01 INTERFUND/INTERDEPARTMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DEPRECIATION/AMORTIZATIO 0.00 19,756.57 0.00 19,756.57 0.00 ( 19,756.57) 0.00 OTHER COSTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DEBT SERVICE 287,356.67 91,330.20 0.00 378,645.13 0.00 ( 91,288.46) 131.77 TOTAL River's End RV Park 1,062,523.76 138,402.74 0.00 1,107,222.11 1,006.68 ( 45,705.03) 104.30 Debt Service SERVICES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL Debt Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Other Financing Uses OTHER FINANCING USES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL Other Financing Uses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Capital Assets CAPITAL OUTLAY 0.00 ( 56,138.50) 0.00 ( 56,138.50) 0.00 56,138.50 0.00 TOTAL Capital Assets 0.00 ( 56,138.50) 0.00 ( 56,138.50) 0.00 56,138.50 0.00 TOTAL ???? 1,062,523.76 82,264.24 0.00 1,051,083.61 1,006.68 10,433.47 99.02 REVENUE OVER/(UNDER) EXPENDITURES ( 34,648.76) 91,134.67 0.00 0.00 ( 1,006.68)) 33,642.08) 2.91 *** END OF REPORT *** 20130926CityCouncilPacket Page 122 of 181 20130920/0 ° vi o c ai ° c ° i' a ai ° — 0) — o ° a) 0 C N 'N E co CO w 'C C U L.. 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'O a5 •= 0 N '6 d O O) 'O a) O 'O a) W ._ a) 0 5 .N a) >O .;6 a a) o 0- • 0 °� N - N N () 'O a) (0 CY C V J O >2 it a) >> C 0 N a) °'U co .� a CO 0) d LL O 0 Li Q 0 °-C "O O I co) 0 0 E — 'Q p a) T .E �` 'N T a) 0 T T E T T T p C T= T °'m o N O °' ;? a3 a3 a-c (.0 °) S 0 O a C ¢ '2 w w 0 '2 '2 ' Y — m a) E• 3 "—T N v m c)a o E rn °' aS ° cc) al ° o in U) (n Z u) co u) a EL m m m a5 CO LL CO °a C C E a as c Y c 0) 0 E c m e m c 0 ,1•5 Q 0 •0 ,0 0 .0 v 0 a) 2 3 5 .0 `m 43 co p T 0 a) T O O p U _c 1) 0 a) 0 > 0 (0 .fl a L a L 0 L L L S (��p 7 °T L L (0 U 26'1 AJ26�i,y�ounciiPacket a) Q ` 0 Q 00 °Page 130-ota18� a LL a a a H U cn a CO 420130 2O/jrl m ) E;gs a 2 \ @gfin \ moa = o = ,F » 2 $ f / 3 ® °2 ( J ( § \` � 0ac ] 7 jCCo01 r ) 2 \ / 2 \ / k \ 0 _ / E < 1 9 ® ) < ) q o5 D N- 0 � �C 64 ƒ k / \ / } 2 \ § �$ f mz § / § J ° o w = o / feob9 ; &/ ( Tr ) § Sk ) tf 33 1 4 ƒ \ § 7 2 2 7 0 2 20 2720 £ 2 £ E ` E ` E = z f f f £ 2 J \ co 0 . \ 0 \ z cc o o g § E E E C 0 A @ A _ \ $ \ \ & - I- m CO Cl) E s J \ > >, > = E / § 0 § \ / / / I— / CD 0) 0) = 0) C ) ) ) \ 0 0 0 0 0 0 0 2 4 2 @ 0 0 CD @ R & % & CO 0 / / � f 5 E o CO en 1-6 \ k k _C a ` § 0 / e o e ( \ 0 § _c -o 0 e ® 7 \ ¥ 5f § 2 0 2 « E o a ui 2 o o - 2 § E / E7ft \ " Q2C E CO # § \ k} ) \ / \ � as 2 g ] e_ oG ® 005 \ 2 2 0 E \ p ) E $\ § = o © 72fnoc > c _ c 9 E (/ t � § f * 7 \ { \ E mRk«\u aPƒk E 3 ) 3 3 k± / Page 131 of 181 20130920/0 MAYOR IS CITY MANAGER Jason Buelterman 4, {� Diane Schleicher CITY COUNCIL ; CLERK OF COUNCIL• Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Torn Groover N5 Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: September 26, 2013 Item: Consideration of Ordinance Explanation: Text Amendment&Map Amendment–Ordinance 32-2013-A-1 –Second Reading Section 13-015, Zoning Map Amendment(between Teresa Ln. &Byers St.) Budget Line Item Number(if applicable): N/A Paper Work: L Attached* Audio/Video Presentation** — * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: September 19, 2013 * * * P.O.Box 2749- 403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573- FAX(866) 786-5737 , City of , § Ethics , www.cityoftybee.org '•yam BLS 20130926CityCouncilPacket Page 132 of 181 20130920/jrl MAYOR CITY MANAGER Jason Buelterman _ Diane Schleicher CITY COUNCIL �` CITY CLERK • Wanda Doyle,Mayor Pro Tem f Janet LeViner Barry Brown I Jan Fox CITY ATTORNEY Bill Garbett \Cry Edward M.Hughes Tom Groover � rs ' � Paul Wolff CITY OF TYBEE ISLAND Description: Ordinance 32-2013, Section 13-015 7 lots between Teresa Lane and Byers Street Zoning Action Requested: Map Amendment and Text Amendment- FIRST READING Following any required Public Hearing, the Mayor and Council of the City decided on the 12th day of September, 2013, that the request for Map Amendment and Text Amendment for a change in zoning district from C-2 to R-2 was APPROVED for PINs: 4-0022-01-020 - Empty lot- Teresa Lane 4-0026-01-001 - Empty lot- Solomon Avenue 4-0026-01-009 - 1406 Solomon Avenue 4-0026-01-007 - 1404 Solomon Avenue 4-0026-01-004- 1402 Solomon Avenue The zoning district for PIN 4-0026-01-008 (4 US Highway 80) and PIN 4-0026-01-005 (4 US Highway 80) was not changed from C-2. 10,E - 3- L3 Planning and Zoning Mana r Date Mayor' Date VidA3 Clerk of Council Date P.O.Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573—FAX(912) 786-5737 www.cityoftybee.org 20130926CityCouncilPacket Page 133 of 181 20130920/jrl PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: August 20, 2013 Project Name/Description: 7 lots between Teresa Lane and Byers Street Action Requested: Map Amendment and Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map X Final Plat Approval Text Amendment to Land Development Code X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Second Borkowski X Bramble X Callahan X Marion X McNaughton X Motion to approve _ Parks Chair The Planning Commission recommends: a Approval n Denial ❑ Continued Planning Commission Chair: Date: Planning & Zoning Manager: ITJ„Q, D Date: 13 20130926CityCouncilPacket Page 134 of 181 20130920/jrl Ni N -o M a) ey C C N N N N N _ d c ... ) IV• c N N N I N N N N -0 T 3 N aL U U i U U U U °) -+ U ; V cri ' I a+ Ct/ C 1-1 O N 01 4.-' T 74. 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H = = 0 0 3 0 > >- v) to 2 2 0. a_ o o U N V) E w .�-I .�-4 Tr .�-1 C a o CO l N m Cr UI l0 N 20130926CityCouncilPacket Page 135 of 181 20130920/jrl TYBEE ZONING MAP ,.,..„., ,,..f\--\\ 5,....:-:,_\‘,..::: , ',,:\,.,\-- _.,-\_..-- ,...- I L ,,„„ , ..,-......... l % \ -,i,' kii;:e4‘....4_,a, .--7.....„...., I . ..................1 : \ ,..:\ '',,. ....--‘,T,,„--,‘ . : i ,:. / , 1....„..„.....4 .\-cSe.;>,,... N.:,.....fr$ ,...-- ° '\ .•'`. C 2 t t .r, ; A: , r'-----"....J 20130926CityCouncilPacket Page 136 of 181 20130920/jrl SAGIS •-- ..., , .......- - _ ...., -,. II ..., . . . , „ , s•, _.. , , _.,„ ,„,..„--, cr, ......--,: .,,- , ., ..-- „-- , \ . . ...-.... .-, „..._ , . „ , ......_ • -- ,..-a. ,,,---1' 1 '. ' \ ',..---"-• . , • 1 \ "'...--- -- 1 \ , • -I . \--- k--• . --' / I 1 i k S V - -- .\-\ \.)--%-- , _,....., _.„...- . , , _, v 2 ... . 1 i 1 i . \ ,-, \ \ C . 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E-C 0 • , , i - • , . 20130926CityCouncilPacket 20130920 Page 137 of 181 /d Dianne Otto From: pweber947 @aol.com Sent: Thursday, September 19, 2013 10:38 AM To: Dianne Otto L a Subject: Proposed Downzoning of PIN#4-0026-01-001 Diane this email transmission serves to be my official notification to The City of Tybee of my PROFOUND OBJECTION of the down zoning of the above referenced property. I purchased this property in June of 2011 with the understanding that the zoning of this property was C-2. I was assured that any improvements/uses made to this property that fell within the C-2 zoning would be allowable. I feel quite strongly that downsizing this property from its current C-2 zoning would greatly effect the value of this property. I am basing this on both my pedistrian knowledge of real estate (65 year Chatham County resident)and my professional qualifications as a Certified General Real Estate Appraiser in the State of Georgia who has been qualified as an expert in real estate valuation by the Chatham County Superior Courts. Please feel free to reach me at 912.398.0046 if I can be of any further assistance in this matter. Sincerely Paul J Weber 20130926CityCouncilPacket Page 138 1 of 181 20130920/jrl Dianne Otto From: Wrenn Blalock [wblalock @northpoint-re.com] L O Sent: Thursday, September 19, 2013 12:43 PM -{� To: Dianne Otto Subject: 1406 Solomon Avenue, Tybee Island, GA PIN#4-0026-01-009 Dear Mrs. Otto, I wish to formally protest the down zoning of my property owned by TYP Properties, LLC which I am the sole owner from its current C-2 zoning to R-2 Zoning. My main objection is due to the obvious loss of value that it would cause. Please contact me if you have any questions about this complaint. Also, please let me know if you plan to continue this process. If so, I will turn this over to my attorney, Bill Langdale. Thank you. Wrenn Blalock North Point Industrial, LLC 113 Houston Street Savannah, GA 31401 912-443-1577 0 912-657-2572 C 20130926CityCouncilPacket Page 1391 f 181 20130920/jrl > City of Tybee Island > Planning & Zoning Manager L o-- c > phone 912.472.5031 > fax 912.786.9539 > Original Message > From: Tim Cramer [mailto:Tim @cramerpeavy.com] > Sent: Tuesday, August 20, 2013 11:38 AM .0 > To: Dianne Otto ( ,D„� > Subject: re: 4 US hgw.80,pin 4-0026-01-008 and pin 4-0026-01p)1( - O °� > Dear Ms. Otto, Jim Peavy and TCC Properties, LLC object to the zoning change on the above two adjacent lots and The attempt to rezone would be an unlawful taking without compensation and Jim Peavy and TCC Properties will take any appropriate action to protect their property rights and value. Please keep us informed. jpeavy @cramerpeavy is a good email and phone # is 770-227-4955. Tim Cramer and Jim Peavy. ************************************************************************************************ **************************** >This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e- mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 ************************************************************************************************ **************************** > <7 numbered lots.jpg><Teresa Lane_South side of Laurel.xlsx> 20130926CityCouncilPacket Page 140 of 181 20130920/jrl 2 ORDINANCE NO. 32-2013-A AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND,GEORGIA RELATING TO ARTICLE 13 OF THE LAND DEVELOPMENT CODE WHEREAS, the duly elected governing authority for 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, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof,and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers,and WHEREAS, following advertising, notice and public hearing,the Mayor and Council considered the factors established in the Code of Ordinances for consideration of zoning changes, the Mayor and Council determined that the changes described hereinbelow were appropriate under the circumstances considering the evidence at the hearing, and WHEREAS,the City of Tybee Island desires to amend Article 13 of the Land Development Code so that the properties described herein are designated for clarification and rezoning in order to correct the status of certain properties and in order to ensure that the properties comport with their current use and the overall plan of the city; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the zoning map is amended and the text is hereby amended so that the following properties are changed from their current zoning as reflected on the table below as follows: SECTION 1 That Section 13-015 will be codified and which will read as follows: Section 13-015.Zoning map amendment(between Teresa Ln.and Byers St.). It is hereby ordained by the governing authority of the City of Tybee Island,duly assembled,that the zoning map is hereby amended so as to change the following designated properties from the zoning currently shown on the zoning map to the amended designation below: 20130926CityCouncilPacket Page 141 of 181 20130920/jrl PIN Address Current Amended Zone Zone 1 4-0022-01-020 Empty lot-Teresa Ln R-2 R-2 2 4-0026-01-001 Empty lot-Solomon Ave C-2 R-2 3 4-0026-01-009 1406 Solomon Ave C-2 R-2 4 4-0026-01-007 1404 Solomon C-2 R-2 5 4-0026-01-008 4 US Hwy 80 C-2 C-2 6 4-0026-01-004 1402 Solomon Ave C-2 R-2 7 4-0026-01-005 4 US Hwy 80 C-2 C-2 "*.#\ 1, 4 .+ 4! ,�' 4 a _, > It `. N 2 C-2 SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. 20130926CityCouncilPacket Page 142 of 181 20130920/jrl SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF ,2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/32-2013—Sec 13-015 zoning map amend 08.27.13 Tybee/Ordinances/2013/32-2013-A-Sec 13-015 zoning map amend 09.17.13 council changes Tybee/Ordinances/2013/32-2013-A-1 -Sec 13-015 zoning map amend 09.19.13-EMH/DO changes 20130926CityCouncilPacket Page 143 of 181 20130920/jrl ORDINANCE NO. 32-2013-A-1 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND,GEORGIA RELATING TO ARTICLE 13 OF THE LAND DEVELOPMENT CODE WHEREAS, the duly elected governing authority for 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, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof,and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers,and WHEREAS, following advertising, notice and public hearing,the Mayor and Council considered the factors established in the Code of Ordinances for consideration of zoning changes, the Mayor and Council determined that the changes described hereinbelow were appropriate under the circumstances considering the evidence at the hearing, and WHEREAS,the City of Tybee Island desires to amend Article 13 of the Land Development Code so that the properties described herein are designated for clarification and rezoning in order to correct the status of certain properties and in order to ensure that the properties comport with their current use and the overall plan of the city; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the zoning map is amended and the text is hereby amended so that the following properties are changed from their current zoning as reflected on the table below as follows: SECTION 1 That Section 13-015 will be codified and which will read as follows: Section 13-015.Zoning map amendment(between Teresa Ln.and Byers St.). It is hereby ordained by the governing authority of the City of Tybee Island,duly assembled,that the zoning map is hereby amended so as to change the following designated properties from the zoning currently shown on the zoning map to the amended designation below: 20130926CityCouncilPacket Page 144 of 181 20130920/jrl Current Amended PIN Address Zone Zone 1 4-0022-01-020 Empty lot-Teresa Ln R-2 R-2 2 4-0026-01-001 Empty lot-Solomon Ave C-2 R-2 3 4-0026-01-009 1406 Solomon Ave C-2 R-2 4 4-0026-01-007 1404 Solomon C-2 R-2 5 4-0026-01-008 4 US Hwy 80 C-2 C-2 6 4-0026-01-004 1402 Solomon Ave C-2 R-2 7 4-0026-01-005 4 US Hwy 80 C-2 C-2 4 l rA r'1 - •- s,,r-' ..- , i 1.0.,.....) lir 4 Sk,''' \ % r. ft—L '1. %., 1.„, ,...-'4, \ \ .t b , A 5 s ‘ 1 s, 3 ? ( $ N. ' ' - 2 i .: .�- —2 SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance. 20130926CityCouncilPacket Page 145 of 181 20130920/jrl SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF ,2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/32-2013—Sec 13-015 zoning map amend 08.27.13 Tybee/Ordinances/2013/32-2013-A-Sec 13-015 zoning map amend 09.17.13 council changes Tybee/Ordinances/2013/32-2013-A-1 -Sec 13-015 zoning map amend 09.19.13-EMH/DO changes 20130926CityCouncilPacket Page 146 of 181 20130920/jrl MAYOR ,r, CITY MANAGER Jason Buelterman 4(14, Diane Schleicher CITY COUNCIL J 1 CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown } Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Torn Groover Paul Wolff yjto `*� CITY OF TYBEE ISLAND August 12,2013 Mx xxx xx xx xxxxx Dear Mx, At a workshop on January 17,2013,the Mayor and City Council discussed the C-2 zoning of certain lots within the Highway Business district.A decision was made to consider changing the zoning from commercial to residential for some areas. Proposed map amendments for some lots in the Eagles Nest subdivision and then the south side of Laurel Avenue have since been processed.The third and final area to be considered is located between Teresa Lane and Byers Street where you are a property owner. The August 20th Planning Commission agenda will include this item.If the Commission takes action it would then be advertised for the City Council meeting on September 12th.Both meetings will be at 7:00 pm in the City Hall auditorium.I encourage you to participate during this process.Your input will be considered by the Planning Commission and the Mayor/City Council as they weigh the pros and cons of this issue.You will be given an opportunity to speak for or against the proposal during both meetings.You may also submit your input in writing prior to the meetings. The table below lists the current and the proposed zoning of the seven lots to be considered. Street Address PIN Owner(s) Current Amended Zone Zone 1 Empty lot-Teresa Ln 4-0022-01-020 Paresh J.Patel R-2 R-2 2 Empty lot-Solomon Ave 4-0026-01-001 Paul Weber C-2 R-2 3 1406 Solomon Ave 4-0026-01-009 TYB Properties,LLC C-2 R-2 4 1404 Solomon 4-0026-01-007 Kevin Fryer C-2 R-2 5 4 US Hwy 80 4-0026-01-008 TCC Properties,LLC C-2 R-2 6 1402 Solomon Ave 4-0026-01-004 Deeanna Copeland C-2 R-2 7 4 US Hwy 80 4-0026-01-005 James Peavy C-2 R-2 I am available at(912)472-5031 or dottoAcityoftvbee.org if you have any questions about this information. Sincerely, Dianne Otto Planning&Zoning Manager Enclosure: current Zoning Map P.O. Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 20130926CityCouncilPacket (866) 786-4Fge 1 i of�ip66) 786-5737 20130920/jrl www.cityoftybee.org INDIGENT DEFENSE SERVICES AGREEMENT BETWEEN ELIZABETH COOLIDGE AND THE CITY OF TYBEE ISLAND, GEORGIA THIS AGREEMENT entered into this day of , 2013, by and between ELIZABETH COOLIDGE, an attorney authorized to practice law in the State of Georgia, ELIZABETH COOLIDGE, (hereinafter"Coolidge") and THE CITY OF TYBEE ISLAND, GEORGIA, a body politic and municipality of the State of Georgia, PO Box 2749, Tybee Island, GA 31328 (hereinafter the "City"). This Agreement shall be effective July 1, 2012, except as otherwise provided herein. WHEREAS, Coolidge is an attorney practicing law in the State of Georgia specializing in criminal defense work; and WHEREAS, the City is a Georgia municipality which maintains a municipal court wherein charges are brought against individuals sometimes in need of counsel; and WHEREAS, applicable laws, including 0.C.G.A. §36-32-1 and others, provide for the appointment of counsel for indigent defendants; and WHEREAS, the City and Coolidge have negotiated the within Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows: 1. Engagement. Coolidge agrees to provide indigent defense services for defendants in the Municipal Court of Tybee Island as appropriate and in accordance with all applicable laws, the City Charter, and the ordinances of the City. Coolidge is to act as Municipal Court Public Defender in accordance with such laws. 2. Place of Work. The Public Defender will perform the services as required by the City on a part time basis at such times and places as Coolidge shall determine, except that court shall be held at places designated by the City. 3. Duties. Coolidge shall at all times maintain membership in the Georgia Bar as a member in good standing and shall use her best efforts and judgment in performing services of the Public Defender and shall act as an independent contractor in the representation of the City customers. Notwithstanding any other provision hereof, Coolidge shall only be required to attend two court sessions per month out of any month in which the regular schedule for court sessions is three sessions. The City contemplates having a session of court that would entail the 20130926CityCouncilPacket Page 148 of 181 20130920/jrl need for the services of a Public Defender and, therefore, Coolidge should not be required to attend that session nor is her compensation based upon any requirement that she attend the third court session. The duties of Coolidge as Public Defender shall include contact with the City's customers and alleged violators and the general public and shall at all times behave in a professional manner in representing the interest of the City. Coolidge shall be free to arrange the manner of performance of the duties hereunder and will not be expected to maintain a schedule of duties, except as necessary to comply with reasonable assignments requested by the City from time to time. 4. Manner of Performance. Coolidge will determine the method, details and means of performing services on behalf of the City. The City shall have no right to, and shall not, control the manner or determine the method of accomplishing Coolidge's Public Defender services. Coolidge will be responsible for supplying all equipment and instrumentalities required to perform services under this agreement; provided, however, upon execution of this agreement, the City will provide Coolidge with court staff sufficient to manage the court's services. 5. Compensation. For services to be rendered and performed hereunder by Coolidge as Public Defender, the City will pay Coolidge Ten Thousand and No/100 ($10,000.00) Dollars annually for the two court sessions per month for services rendered pursuant to this agreement. Payment shall be invoiced and paid monthly. This compensation is to include two court sessions per month and for related required communications with the alleged violator. Coolidge acknowledges that this is an independent contractor agreement, and she shall be responsible for payment of any and all taxes on the compensation paid to her hereunder and agrees to indemnify and hold the City harmless therefrom. As an independent Public Defender, Coolidge shall not be entitled to receive any fringe benefits that are generally available to employees of the City and shall only be entitled to receive the cash compensation specifically set forth herein. It is agreed that, when requested by the City, Coolidge will provide estimated costs, expenses, or amount of time spent in connection with any defendant(s). 6. Independent Public Defender. The parties agree that Coolidge will act as an independent Public Defender in performing her duties hereunder and is not an employee, agent, joint venturer or partner of the City. Coolidge shall comply with all federal, state and local laws in performing her duties hereunder. Coolidge shall adhere to, and perform the duties herein in conformity with all practices, procedures, and/or standards required of the Chatham County Public Defender's Office. Coolidge shall not incur any obligations on behalf of the City without the City's written consent. Coolidge is not an employee of the City and Coolidge shall have the exclusive responsibility for appropriate withholding of the taxes relating to compensation hereunder, and the City shall not withhold any federal, state or local taxes thereon. Further, the City is not obligated to and will not withhold FICA (Social Security) from payments made to Coolidge and will not make state or federal unemployment insurance contributions on behalf of 20130926CityCouncilPacket Page 149 of 181 20130920/jrl Coolidge. Upon request by City, Coolidge shall provide proof of compliance with the provisions of this section and failure to comply with same shall constitute a breach of this agreement by Coolidge. 7. Term. This Agreement shall be an at will term, terminable by either party, and may only be terminated upon providing written notice at least thirty (30) days in advance of the date of termination. A termination notice must be sent via certified or registered US mail to the address of the parties set forth in the opening paragraph of this Agreement, or be provided via hand delivery with a written confirmation of receipt. Notwithstanding any other provision hereof, all obligations of the City under this agreement shall cease as of December 31 of each calendar year in which this agreement is in effect subject, however, to an automatic renewal of the agreement in the absence of a notice to not renew or to cancel at least 30 days prior to the end of a calendar year. 8. Expenses. City shall only reimburse Coolidge for expenditures if Coolidge had prior authorization from City to incur such expenditures. 9. Assignment. The City specifically contracts for services of Coolidge but, from time to time, in the event Coolidge is unavailable, Coolidge may assign, subcontract or delegate the duties hereunder without notice to City. 10. Construction. The parties acknowledge that each had a part in the preparation of this Agreement, and this Agreement shall not be strictly construed against either party. 11. Georgia Law. This Agreement shall be governed by and construed in accordance with the provisions of the laws of the State of Georgia. 12. Severability. Should any provision of this Agreement be held invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of the remainder of this Agreement. 13. Captions. The captions or headings of the sections or other subdivision hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof. IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its duly authorized representative and Coolidge has caused this Agreement to be executed as of the date first written above. INDEPENDENT PUBLIC DEFENDER CITY OF TYBEE ISLAND Name: Elizabeth Coolidge Jason Buelterman, Mayor 20130926CityCouncilPacket Page 150 of 181 20130920/jrl Date Date Clerk of Council Date APPROVED AS TO FORM: Edward M. Hughes, City Attorney Date 20130926CityCouncilPacket Page 151 of 181 20130920/jrl I HASH LAW FIRM P.C. TRIAL ATTORNEYS & ADVOCATES September 3, 2013 Via Certified Mail-Return Receipt Requested Honorable Jason Buelterman, Mayor City of Tybee Island 2749 Butler Avenue P. Q. Box 2749 Tybee Island, GA 31328 City Council do Clerk of Council City of Tybee Island 2749 Butler Avenue P. Q. Box 2749 Tybee Island, GA 31328 Re: Robert Chism 13/Incident: 03/28/2013 Location of Incident: 10 Tybrisa Street Ante Litem Notice Dear Ladies and Gentlemen: This correspondence is sent pursuant to 0.C.G.A. §36-33-5, constituting an ante litem notice in connection with the following claims: 1. Claim of Robert Chism, individually, for medical bills, lost income, and pain and suffering. 2. Date of Loss: March 28, 2013 at approximately 11:30 a.m. 3. Location: South side of Tybrisa Street, Tybee Island, Georgia between Butler Avenue and the beach. 7 E. CONGRESS STREET . SUITE 901 . SAVANNAH . GA 31401 acI: q12 5,27.7000 fax: 912.527.7900 20130926CityCouncilPacket Page 152 of 181 20130920/d WWW.NASHLAW FI R.M.COM September 3, 2013 Page 2 4. The negligence which caused the injury was(a)the negligent failure to maintain and warn of dangerous conditions on Tybresia Street in the City of Tybee Island, specifically the maintenance of dangerous temporary fencing with a faded and virtually unrecognizable base which protruded onto and in the sidewalk area of said street in the vicinity of 10 Tybresia Street. 5. Description of Incident: Mr. Chism fell while striking his foot on unmarked bases of temporary fence improperly protruding onto city sidewalk along Tybrisa Street. He fell into the fence, suffering injuries to his body as a result of the unmarked and improperly placed obstruction 6. Extent of Injury to Mr. Chism: Mr. Chism suffered bruises, contusions, and broken right hand from which he now experiences pain and arthritis. This injury has interfered with Mr. Chism's profession as an organist and pianist. He has incurred medical expenses of$3,500.00 which are continuing and lost income of $1,800.00 which is also continuing in addition to physical mental and emotional pain and suffering. Pursuant to O.C.G.A. § 36-33-5 you have thirty(30)days for the presentation of this claim to determine your response to this matter. Sincerely, T as A.N.-h,Jr. TANJr:cf (CM#: 7010 2780 0002 1579 3178) (CM#: 7010 2780 0002 1 579 3161) cc: Edward M. Hughes, Esq. Mr. Robert Chism 20130926CityCouncilPacket Page 153 of 181 20130920/jrl Draft 9-19-13 LEASE THIS LEASE ("Lease") made and entered into as of , 2013 by and between CITY OF TYBEE ISLAND, GEORGIA (hereinafter "City") and TYBEE ISLAND MARINE SCIENCE FOUNDATION, INC., a Georgia Non-Profit Corporation, d/b/a Tybee Island Marine Science Center(hereinafter"MSC"),upon the following terms and conditions: RECITALS WHEREAS, City and MSC desire that MSC lease certain property hereinafter described and develop a marine science center ("the Center") for the purposes of providing cultural, educational, museum and recreational programs and facilities related to beach and marine life, all as hereinafter provided; WHEREAS, City is a municipal corporation under Georgia law authorized to provide recreational, governmental, public health, and similar activities and facilities to citizens and is desirous of improving its ability to do so; and WHEREAS, MSC is a non-profit corporation engaged in providing educational and recreational programs and facilities dealing primarily with beach and marine life, as well as environmental issues; and WHEREAS, the City owns certain real property located in the north end of Tybee Island in the North Beach parking lot(hereinafter the "Property" or the "Premises"); and WHEREAS, the location of the Property is suitable for the construction of a municipal building to be used for MSC purposes, including recreation, cultural and education; and WHEREAS, in light of the volunteer services provided by MSC in the context of enhancing the community of the City and tourism therein; and WHEREAS, on March 18, 2003, the voters of Chatham County voted in favor of a Special Purpose Local Option Sales Tax ("SPLOST") Referendum for which certain capital improvement projects as designated in Attachment 4 of the SPLOST Resolution of The Board of Commissioners of Chatham County adopted on February 14, 2003 ("SPLOST Resolution"); and WHEREAS, the Center was and is one of the projects listed for the City in the Intergovernmental Agreement for the Distribution of Special Purposes Sales and Use Tax Proceeds by the County to Municipalities for Capital Outlay Projects, for General Obligation Debt, and Road, Street and Bridge Purposes by and among Chatham County and eight municipalities of Chatham County, including the City("Intergovernmental Agreement"); and 20130926CityCouncilPacket Page 154 of 181 20130920/jrl WHEREAS, other capital improvement projects identified in the SPLOST Resolution and the Intergovernmental Agreement are enumerated as cultural, recreational, and historic facilities along with projects that will result in services to assist the health, safety, and welfare on a county-wide basis; and WHEREAS, the parties have been pursuing the construction of the Center for many years and the leasing of the Property and the Center by the City to MSC; NOW, THEREFORE, in consideration of the premises hereof and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: ARTICLE I-DEFINITIONS Unless the context otherwise specifies or requires, the following terms shall have the meanings specified herein: 1.1 Base Rent. The term "Base Rent" shall mean the sum of Ten Dollars ($10.00) per calendar year beginning in 2014. 1.2 Commencement Date. The term "Commencement Date" shall be as of ,2013. 1.3 Event of Default. The term"Event of Default"shall be as defined in Section 15.1. 1.4 Expiration Date. The term "Expiration Date" shall mean December 31, 2028. 1.5 City's Address For Notices. The term "City's Address for Notices" shall mean: CITY OF TYBEE ISLAND, GEORGIA, P.O. Box 2749, Tybee Island, Georgia, 31328, Attention: Diane Schleicher, City Manager, with a copy to Edward M. Hughes, Esq., Callaway, Braun, Riddle & Hughes, P.C., P.O. Box 9150, Savannah, Ga. 31412 (or their successors). 1.6 Premises/Property. The term "Premises" or "Demised Premises" or "Leased Premises" or "Property" shall mean that certain parcel of real property on the north end of Tybee Island in the North Beach parking lot City of Tybee Island, Chatham County, Georgia as more particularly described on Exhibit "A". 1.7 MSC's Address For Notices. The term "MSC's Address for Notices" shall mean: TYBEE ISLAND MARINE SCIENCE FOUNDATION, INC., , Tybee Island ,Georgia, 31328 Attention: Maria Procopio,with a copy to: Harold Yellin, Esq., Hunter, Maclean, Exley and Dunn, P.C., 200 E. Saint Julian Street, Savannah, GA 31401 (of their successors). Page 2 20130926CityCouncilPacket Page 155 of 181 20130920/jrl 1.8 MSC's Permitted Uses. The term "MSC's Permitted Uses" shall mean the construction and operation of the Center as a cultural, educational, recreational and museum facility to provide programs and undertake projects related to beach and marine life. 1.9 Transaction Closing Date. The term "Transaction Closing Date" shall mean the date hereof. ARTICLE II-PREMISES 2.1 Lease of Premises. City hereby leases the Premises to MSC, and MSC hereby leases the Premises from City, upon all of the terms, covenants and conditions contained in this Lease, subject to (i) any state of facts an accurate survey of the Premises would show; (ii) any state of facts a personal inspection would show; (iii)rights, easements and restrictions of record; and(iv) all present and future state or federal laws, orders and regulations. 2.2 Acceptance of Premises. MSC acknowledges that City has not made any representation or warranty with respect to the condition of the Premises or with respect to its suitability or fitness for the conduct of MSC's Permitted Use or for any other purpose, and MSC acknowledges that it is accepting the Premises "AS IS." ARTICLE III-TERM 3.1 Term. Unless sooner terminated as provided in this Lease, the term of this Lease (the "Term" or "Lease Term") shall be for the period commencing on the Commencement Date described in Section 1.2 of this Lease and ending on the Expiration Date described in Section 1.4 of this Lease. ARTICLE IV-RENTAL; PAYMENT OF OPERATING EXPENSES AND OTHER CHARGES 4.1 Base Rent. During the Lease Term, MSC shall pay to City as rental for the Premises the Base Rent in the manner described in Section 1.4. City acknowledges receipt, as of the date hereof, of advance payment by MSC in the amount of$20 for the first two (2) calendar years of the Term, i.e. calendar years 2014 and 2015. 4.2 Expenses and Other Charges. MSC shall, during the term of this Lease, as additional rent, pay and discharge punctually, as and when the same shall become due and payable, and before any governmental impositions and charges and obligations owed to governmental authorities of every kind and nature whatsoever, extraordinary as well as ordinary and each and every installment thereof which shall or may during the term of this Lease be charged, levied, laid, assessed, imposed, become due and payable or liens upon, or for, or with respect to,the Premises or any part thereof, the buildings and improvements appurtenances or equipment owned by MSC thereon or therein or any part thereof, together with all interest and penalties thereon, under or by Page 3 20130926CityCouncilPacket Page 156 of 181 20130920/jrl virtue of all present or future laws, ordinances, requirements, orders, directives, rules or regulations of the federal, state, and local governments whatsoever during the term of this Lease. 4.3 Payment. The Base Rent for years 3-15 ($10.00 per year) shall be paid on or before January 2nd of each year. 4.4 Additional Rent. For purposes of this Lease, all amounts payable by MSC that inure to the benefit of City pursuant to this Lease, whether or not denominated as such, (e.g. insurance pursuant to Article X) shall constitute additional rent hereunder. Such additional rent, together with the Base Rent, shall sometimes be referred to in this Lease as "Rent." 4.5 Net Lease. Notwithstanding anything to the contrary herein, the Base Rent hereunder shall be absolutely net to City so that this Lease shall yield, net to City, the Base Rent specified in Section 1.1 and Section 4.1 hereof in each year of the Lease Term and that all impositions, insurance premiums,utility charges,maintenance,repair and replacement expenses, all expenses relating to compliance with laws (including, without limitation, and except as otherwise provided herein, Environmental Laws), and all other costs, fees, charges, expenses, reimbursements and obligations of every kind and nature whatsoever relating to the Premises which may arise or become due during the Lease Term or by reason of events occurring during the Lease Term shall be paid or discharged by MSC as Rent hereunder. ARTICLE V—CONSTRUCTION OF IMPROVEMENTS AND TITLE 5.1 Construction of Improvements. MSC shall construct, or cause to be constructed, all buildings, fixtures, equipment and components thereof, of every kind, including, all driveways, parking areas, landscaping, sidewalks and all other areas of the Premises (the "Improvements") in accordance in accordance with plans and specifications as approved by the City in writing and in compliance with all applicable laws. 5.2 Title to Improvements. Title to all Improvements situated or erected on the Premises by MSC shall remain solely in the City. Upon the expiration or earlier termination of this Lease all of MSC's right and interest in and to the Premises and the Improvements shall automatically and without notice vest in City and MSC shall quit possession and occupancy and surrender the Premises and all Improvements thereon to City. Notwithstanding the foregoing, title to any moveable equipment and other personal property installed by MSC and located upon the Premises and not fixtures and which may be removed without damage to the Improvements and without impairing its value shall remain in MSC provided that MSC removes the same within a reasonable period of time, not to exceed thirty(30) days following the expiration or termination of this Lease. Page 4 20130926CityCouncilPacket Page 157 of 181 20130920/jrl ARTICLE VI-USE OF PREMISES 6.1 MSC's Permitted Use. MSC shall use the Premises only for MSC's Permitted Use as set forth in Section 1.8 above and shall not use or permit the Premises to be used for any other purpose without the prior written consent of City. MSC shall, at its sole cost and expense, obtain all governmental licenses and permits required to allow MSC to conduct MSC's Permitted Uses. City disclaims any warranty that the Premises are suitable for MSC's use and MSC acknowledges that it has had a full opportunity to make its own determination in this regard. 6.2 Compliance With Laws and Other Requirements. (A) MSC shall cause the Premises to comply with all laws, ordinances, regulations and directives of any governmental authority having jurisdiction, including without limitation, any certificate of occupancy and any law, ordinance, regulation, covenant, condition or restriction affecting the Premises which in the future may become applicable to the Premises (collectively"Applicable Laws"). (B) MSC shall not use the Premises, or permit the Premises to be used in any manner which violates any Applicable Law. 6.3 Hazardous Materials. (A) From and after the date of this Lease, MSC shall not cause or permit any "Hazardous Materials" (as defined herein) to be "handled" (as defined herein) upon, about, above or beneath the Premises or any portion of the Improvements by or on behalf of a Responsible Party (as defined herein), except in compliance with Environmental Laws (as defined herein) and this Lease. Any such Hazardous Materials so handled during the Term of this Lease, or the presence of which is a result of the act or omission of a Responsible Party, shall be known as "MSC's Hazardous Materials." Notwithstanding the foregoing, normal quantities of those Hazardous Materials customarily used in construction may be handled at the Premises. MSC's Hazardous Materials shall be handled at all times in compliance with all applicable Environmental Laws. (B) Notwithstanding the obligation of MSC to indemnify City pursuant to this Lease, MSC shall, at its sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision, which requirement arises from the handling of MSC's Hazardous Materials upon, about, above or beneath the Premises. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies or reports and the performance of any cleanup,remedial,removal or restoration work. MSC shall take all actions necessary to satisfy any remediation requirements under applicable Environmental Laws, shall provide reasonably detailed notice to City of any such actions (prior to the action being taken unless prior notice is not reasonably possible) and, if reasonably possible, provide City with a reasonable opportunity to comment upon such proposed actions prior to their being undertaken(provided that in no event shall prior notice to City or City's approval be required before any such action may be taken in any event). Page 5 20130926CityCouncilPacket Page 158 of 181 20130920/jrl (C) "Environmental Laws" means and includes all now and hereafter existing statutes, laws, ordinances, codes, regulations, rules, rulings, orders, decrees, directives, policies and requirements by any federal, state or local governmental authority regulating, relating to or imposing liability or standards of conduct concerning hazardous materials or the environment, including,without limitation,the following: The Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. §9601, et seq.) (together with the regulations promulgated thereunder, "CERCLA") the Resource Conservation and Recovery Act, as amended (42 U.S.C. §6901, et seq.) (together with the regulations promulgated thereunder, "RCRA"), the Federal Water Pollution Control Act, as amended (22 U.S.C. §1251, et seq.) (together with the regulations promulgated thereunder, "CWA"),the Clean Air Act, as amended (42 U.S.C. §7401, et seq.) the Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801, et seq.) (together with the regulations promulgated thereunder, "HMTA"), the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. §136, et seq.) (together with the regulations promulgated thereunder, "IRFA"), the Safe Drinking Water Act, as amended (42 U.S.C. §300f, et seq.) (together with the regulations promulgated thereunder, "SDWA"), the Toxic Substances Control Act, as amended (15 U.S.C. §2601, et seq.) (together with the regulations promulgated thereunder "TSCA"), the Georgia Hazardous Waste Management Act (O.C.G.A. §12-8-60, et seq.), the Georgia Water Quality Control Act (O.C.G.A. §12-5-20 et seq.), and the Georgia Air Quality Act (O.C.G.A. §12-9-1 et seq.). (D) "Hazardous Materials" means (a) any material or substance: (i) which is defined or becomes defined as a "hazardous substance," "hazardous waste," "infectious waste," "chemical mixture or substance," or "air pollutant" under Environmental Laws; (ii) containing petroleum, crude oil or any fraction thereof; (iii) containing polychlorinated biphenyls (PCB's); (iv) containing asbestos; or (v) which is radioactive; (b) any other material or substance displaying toxic, reactive, ignitable, or corrosive characteristics, as all such terms are used in their broadest sense, and are defined or become defined by Environmental Laws; or(c)materials which cause a nuisance upon or waste to the Premises or any portion of the Improvements. (E) "Handle," "handle," "Handled," "handled," "Handling" or "handling" shall mean any installation, handling, generation, storage, treatment, use, disposal, discharge, release, manufacture, refinement, presence, migration, emission, abatement, removal, transportation, or any other activity of any type in connection with or involving Hazardous Materials; excluding any Hazardous Materials existing on the Premises prior to the Commencement Date, and any migration of Hazardous Materials onto the Premises from a source not at the Premises. Page 6 20130926CityCouncilPacket Page 159 of 181 20130920/jrl (F) "Responsible Party" shall mean MSC, its subtenants and its assignees, any occupants of all or any portion of the Premises, and their respective contractors, clients, officers, directors, employees, agents, customers, suppliers, guests and invitees, or any of them as the case may be during the Term of this Lease. (G) MSC shall expressly not be responsible for, and to the extent allowable by law, shall be entitled to seek contribution or other appropriate relief from the City with respect to any liability and City shall indemnify MSC for claims relating to: (i) a violation of Environmental Laws or the presence of Hazardous Materials on, in or under all or any portion of the Leased Premises attributable to the period prior to the Commencement Date, unless said violation of Environmental Laws was by or the presence of Hazardous Materials was caused by MSC or a Responsible Party; or (ii) any Hazardous Materials on, in or under all or any portion of any parcels of land owned by City that are adjacent to the Leased Premises (the term "adjacent" as used herein being deemed to mean parcels of land sharing a common boundary line with the Leased Premises), unless the presence of Hazardous Materials was caused by MSC or a Responsible Party; or (iii) any violation of Environmental Laws at or relating to the Leased Premises which is attributable to conditions existing on or prior to the Commencement Date, unless said violation of Environmental Laws was caused by MSC or a Responsible Party (collectively, "Claims as to Pre-Existing Environmental Conditions"). City agrees that it shall not object to or resist being joined as a named party as to the adjudication of such Claims as to Pre-Existing Environmental Conditions; however, nothing herein precludes City from asserting any defense to the Claims or asserting any counterclaim that City may have or from seeking indemnification or contribution from third parties. ARTICLE VII-UTILITIES AND SERVICES 7.1 Services. The City as landlord shall have no obligation to provide utility services or connections into the Premises and MSC, at its sole expense, shall arrange with the appropriate utility company or governmental entity to install all connections and shall, without fail, maintain in continuous operation during the entire term of the Lease all such utility services. The City reserves the right during the Term of this Lease to grant easements for public utility purposes on, over or below the Premises without any abatement in rent, and without the same being deemed an event of default of City hereunder, provided that said easements do not unreasonably interfere with the normal operation of the Premises by MSC. City shall not be required to pay for any service, supplies or upkeep in connection with the Premises. ARTICLE VIII-MAINTENANCE AND REPAIRS 8.1 City's Obligations. During the Lease Term, except as may be otherwise provided herein, the City shall have no obligation to make or perform any repairs or maintenance of any kind whatsoever, all of which shall be MSC's sole obligation. Page 7 20130926CityCouncilPacket Page 160 of 181 20130920/jrl 8.2 MSC's Obligations. (A) During the Lease Term, MSC shall, at its risk and at its own sole cost and expense, maintain the Premises and all Improvements located in or on the Premises in good repair and condition (including all necessary replacements), including, but not limited to the roof, outer walls and foundations of all Buildings, the drainage facilities and fire safety sprinkler systems, heating, ventilation and air conditioning systems, all glass elements and doors and regular removal of debris. MSC shall take good care of the Premises and Improvements and suffer no waste. (B) MSC shall, at its own cost and expense, repair or replace any damage or injury to all or any part of the Premises and Improvements thereon. (C) Except and only to the extent permitted by Section 6.3(A) above, MSC shall not permit during the Lease Term, as extended from time to time, any Hazardous Materials to be released,brought upon, stored,produced, emitted, disposed of or used upon, about or beneath the Premises in violation of Environmental Law. MSC shall be liable for the consequences of, and responsible for removal thereof, at its sole expense, any Hazardous Materials on the site resulting from an Event of Default under this Section. MSC's obligations under this Section 8.2 shall survive the expiration or earlier termination of this Lease. Nothing contained herein shall limit MSC's right or ability to seek contribution or other appropriate relief from the City with respect to any liability for claims relating to: (i) a violation of Environmental Laws or the presence of Hazardous Materials on, in or under all or any portion of the Premises attributable to the period prior to the Commencement Date; or (ii) any Hazardous Materials on, in or under all or any portion of any parcels of land owned by City that are adjacent to the Premises (the term "adjacent" as used herein being deemed to mean parcels of land sharing a common boundary line with the Premises); or ((iii) any violation of Environmental Laws at or relating to the Premises which is attributable to conditions existing on or prior to the Commencement Date. 8.3 City's Rights. City and its contractors shall have the right, upon reasonable advance notice, at reasonable times, to enter upon the Premises to exercise any right reserved to City hereunder; provided,that MSC's use and enjoyment of the Premises shall not be disturbed. ARTICLE IX-IMPROVEMENTS,ADDITIONS AND ALTERATIONS, 9.1 Plans and Specifications, Costs and Amendments Thereto. All Plans and Specifications for the construction of the Improvements, including any site plan, parking plan and contracts or leases for parking, must be approved in writing by the City. MSC shall take no action to effectuate any material amendments, modifications or any other alterations to the Plans and Specifications (except to the extent set forth in Section 9.3 herein unless the City has approved such, in writing and in advance, which approval shall not be unreasonably withheld, conditioned or delayed. Page 8 20130926CityCouncilPacket Page 161 of 181 20130920/jrl 9.2 Construction Contracts and Payment. (A) All contracts for the design (including but not limited to site plan drawings, engineering and architect plans) and contracts for construction of the Improvements shall be between MSC and the person or entity providing the services thereunder; however, all contracts and agreements for design and construction services shall be approved by the City in writing and shall contain the following requirements and provisions (or words of similar nature): i. The funds for the design and construction described herein are being provided by the City of Tybee Island, Georgia pursuant to the SPLOST Resolution of The Board of Commissioners of Chatham County adopted on February 14, 2003, the Special Purpose Local Option Sales Tax ("SPLOST") Referendum approved by the voters of Chatham County on March 18, 2003 and pursuant to the February 14, 2003 Intergovernmental Agreement for the Distribution of Special Purposes Sales and Use Tax Proceeds by the County to Municipalities for Capital Outlay Projects, for General Obligation Debt, and Road, Street and Bridge Purposes by and among Chatham County and eight municipalities of Chatham County, including the City of Tybee Island, Georgia and thus this contract and any amendments thereto are subject to the written approval of the City of Tybee Island and are of no effect until such written approval is provided; ii. All requests for payment shall be submitted to MSC by the 7th day of the month for work and services performed through the last day of the previous month; iii. All requests for payment are subject to the approval of the City of Tybee Island, Georgia and payment will not be made until the payment request is approved by the City of Tybee Island and the funds are received by MSC; iv. A retainage provision for 10% of the total value of the contract; v. Full compliance with the Georgia Local Government Public Works Construction Law, O.C.G.A. § 36-91-1 et seq., including but not limited to the provision of performance bonds pursuant to O.C.G.A. § 36-91-70 et seq. and payment bonds (and notice of commencement) pursuant to O.C.G.A. § 36-91- 90 et seq.; vi. Any civil action brought against MSC and/or the City shall be maintained in the State and Superior Courts of Chatham County or the United States District Court for the Southern District of Georgia, Savannah Division and that no venue of any action against the City or jurisdiction over the City shall lie in any other court; and Page 9 20130926CityCouncilPacket Page 162 of 181 20130920/jrl vii. The City shall be designated as a beneficiary of all warranties, express or implied. (B) MSC shall prepare a request for payment to the City on or before the l5th day of each month providing copies of all requests for payment from its general contractor, engineer, architect, etc. received for services provided in the previous month and MSC shall certify the performance of the work for which payment is sought. Contingent upon the City's review of the work completed and the City's approval of the work the City shall issue payment to MSC. Final payment by the City, including all retainage, shall be made upon completion of all the work, including punch list completion, acceptance of the work by the City and issuance of a certificate of occupancy. (C) MSC shall fully comply with the contracting and bidding requirements of O.C.G.A. § 36-91-20 et seq. 9.3 Alterations. MSC may make any additions, alterations or changes (sometimes collectively referred to herein as "Alterations") in or to the Improvements subject, however, to the following conditions: (a) No Alterations shall be made that would tend to impair the structural soundness of the Improvements; (b) No Alterations shall be undertaken until MSC shall have procured, to the extent the same may be required from time to time, all permits and authorizations of all applicable governmental authorities. (c) Any Alterations shall be performed in good and workmanlike manner and in compliance with all applicable legal requirements and all applicable Insurance Requirements; and (d) The City must approve all substantial alterations prior to the commencement of work ("substantial" meaning single alterations costing in excess of $5,000 or alterations that affect the functional design or scope of the Improvements). 9.4 Liens. MSC shall pay when due all costs for work performed and materials supplied to the Premises. MSC shall not suffer nor permit any construction liens to be filed or exist against the Premises or any part thereof, by reason of work, labor, services or materials supplied or claimed to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any such construction lien shall at any time be filed, MSC shall within thirty(30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If MSC fails to pay and remove or bond such lien, claim or encumbrance within such thirty (30) days, City, at its election, may pay and satisfy the same and in such event the sums so paid by City shall be deemed to be additional rent due and Page 10 20130926CityCouncilPacket Page 163 of 181 20130920/jrl payable by MSC at once without notice or demand as per Section 4.4 hereof. During the progress of such work, MSC shall, upon City's request, furnish City with sworn contractor's statements and lien waivers covering all work theretofore performed and MSC shall otherwise observe and comply with any and all requirements under Georgia Law, and shall indemnify, defend and hold City harmless from any loss, cost, or damage incurred by City as a result of the assertion of any construction lien claim. NOTHING HEREIN IS DEEMED TO BE A WAIVER OF THE PROHIBITION AGAINST LIENS UPON PUBLIC PROPERTY. 9.5 Lease Termination. All Alterations shall become a part of the Premises and shall become the property of City upon the expiration or earlier termination of this Lease. ARTICLE X-INDEMNIFICATION AND INSURANCE 10.1 Indemnification. MSC and MSC's permitted assignees and subtenants agree to protect, indemnify, hold harmless, and defend the City, and its elected or appointed officials, agents and employees, successors and assigns (collectively "Indemnities") (except for any events arising out of the negligence, breach of contract, or willful acts of City, its agents or employees and except with respect to any Pre-Existing Environmental Condition) from and against: (A) any and all loss, cost, damage, liability or expense as incurred (including but not limited to actual reasonable attorneys' fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, including death, or property damage sustained by such person or persons which arises out of, is occasioned by the use or occupancy of the Premises or any portion of the Improvements by MSC or the acts or omissions of MSC or its agents, employees, contractors, clients, invitees or subtenants relating to the Premises. Such loss or damage shall include, but not be limited to, any injury or damage to, or death of, City's employees or agents or damage to the Premises or any portion of the buildings or improvements located thereon. (B) any and all Environmental Damages which arise from (i) the Handling of any MSC Hazardous Materials, as defined in Section 6.3 or (ii) the breach of any of the provisions of this Lease. For the purpose of this Lease, "Environmental Damages" shall mean (a) all claims, judgments, damages, penalties, fines, costs, liabilities, and losses, (including, without limitation, diminution in the value of the Premises) (b) all reasonable sums paid for settlement of claims, reasonable actual attorneys' fees, consultants fees and experts fees; and (c) all costs incurred by City in connection with investigation or remediation relating to the Handling of MSC's Hazardous Materials to the extent MSC does not perform all such investigation and remediation as is required by applicable Environmental Laws. To the extent that City is strictly liable under any Environmental Laws as owner, MSC's obligation to City and the other indemnitees under the foregoing indemnification shall likewise be without regard to fault on MSC's part with respect to the violation of any Environmental Law which results in liability to the indemnitees. MSC's obligations and liabilities pursuant to this Section 10.1 shall survive the expiration or earlier termination of this Lease. Page 11 20130926CityCouncilPacket Page 164 of 181 20130920/jrl (C) any and all testing or investigation as may be required by any governmental agency for the purpose of investigating the presence of MSC's Hazardous Materials that may not be in compliance with Environmental Laws. (D) notwithstanding anything to the contrary contained herein, nothing shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurers to either MSC or City. Nothing herein shall be construed to infer or imply that MSC is a partner, joint venturer, agent, employee, or otherwise acting by or at the direction of the City. 10.2 Insurance. (a) MSC shall maintain or shall cause to be maintained the following insurance coverages: i. Commercial General Liability Insurance (Primary and Umbrella). Commercial liability insurance or equivalent with limits of not less than $1,000,000 with respect to any injury to any one person; $1,000,000 with respect to injury or damage to property; and $3,000,000 general aggregate for bodily injury, personal injury and property damage liability. In addition, MSC shall obtain umbrella coverage of $5,000,000. Coverage extensions shall include the following: premises and operations, subcontractors, cross liability, products and completed operations, broad form property damage, blanket contractual liability, explosion, collapse and underground coverages (XCU), personal injury and errors and omissions. The City is to be named as an additional insured. ii. Property/Casualty Insurance_ MSC shall procure and maintain, at its sole expense, "all-risk" property insurance, including wind and flood insurance, in an amount not less than one hundred percent (100%) of the replacement cost covering all Buildings and Improvements in and upon the Premises. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. iii. Insurance Endorsement. All policies shall be endorsed (a) to name the City as an additional insured and as a loss payee (as applicable); and (b) to waive subrogation rights against the City. iv. Insurance Companies. All insurance shall be carried with companies that are authorized to do business in the State of Georgia and rated not less than A-VIII in Best's Insurance Guide and a Standard and Poor's claims paying ability rating of not less than AA. Page 12 20130926CityCouncilPacket Page 165 of 181 20130920/jrl v. Errors And Omissions Insurance. The Principal Architect, other architects, engineers, and each of their subcontractors shall obtain and maintain errors and omissions/professional liability coverage at their own expense in the amount of not less than $2,000,000 per occurrence. The insurance company, form, and content of such coverage shall be subject to the reasonable approval of the City; and vi. Builder's Risk Insurance. Builder's risk insurance, in a form to be submitted to and approved by the City, insuring all work in place and all materials to be used for such work, with such insurance to be payable on a replacement cost basis, regardless of whether partial payment has been made by the City or MSC. The builder's risk insurance need not be carried on landscape work. Such insurance shall insure the interests of contractors, sub-contractors and suppliers as well as MSC and the City as their interests may appear. The builder's risk insurance shall not contain a deductible in excess of $1,000 without the prior approval of the City. MSC may cause this insurance to be terminated on buildings as of the date taken over for occupancy by MSC. (b) Applicable policies must be in place on the date hereof. MSC shall provide the City with a certificate of insurance (or, at the City's option, copies of the applicable policies) as evidence of the limits and coverages described above, which shall be acknowledged and accepted by the City by issuing a notice of acceptance and which shall affirmatively state that: a. The coverage is written on an occurrence form; b. The City is named as an additional insured and loss payee (as applicable); and c. Subrogation is waived. ii. No such policy shall be subject to cancellation or modification without thirty (30) days prior written notice to the City. MSC shall furnish the City with a replacement certificate with respect to any insurance not less than thirty(30) days prior to the expiration of the current policy. MSC shall require its contractors to comply with this provision. iii. In the event that MSC's insurance, or the insurance required by any other entity under this Lease, is scheduled to expire during the Term of this Lease, MSC or the applicable contractor shall provide the City with copies of renewal certificates thirty (30) days prior to the expiration date of the expiring coverage. MSC shall require its contractors to comply with this provision. Page 13 20130926CityCouncilPacket Page 166 of 181 20130920/jrl iv. The insurance contracts shall require the insurance company to notify the City in the event of a substantial change in coverage during the policy term. 10.3 Claims. In the event of an insurance claim under the insurance policies contemplated by Section 10.2 hereof, MSC will notify the City within sixty (60) days following discovery of the claim by MSC. In addition, MSC will investigate and furnish the City with reports of all accidents, claims and known potential claims for damage or injury and will cooperate with its insurers and those of the City. 10.4 Restoration, Casualty, Condemnation. If any act or occurrence of any kind or nature (including any taking by condemnation or any casualty) shall result in damage to or loss or destruction of the Improvements, in whole or in part, MSC, to the extent that insurance proceeds or condemnation proceeds and other funds, if any, made available permit, shall promptly cause the restoration, reconstruction, and/or repair of the Improvements as nearly as possible to its condition and character immediately prior to such taking or casualty. If such condemnation or insurance proceeds and other available funds are not sufficient or restoration is otherwise determined to be not feasible, such proceeds shall be paid to the City. 10.5 Waiver of Subrogation. Each party hereby waives any right of recovery against the other for injury or loss covered by insurance, to the extent of the injury or loss covered thereby. Any policy of insurance to be provided by MSC pursuant to this Article X shall contain a clause denying the insurer any right of subrogation against City. 10.6 Failure to Insure. If MSC fails to maintain any insurance which MSC is required to maintain pursuant to this Article X, the City may, but shall not be obligated to, upon notice to MSC (said notice may be delivered via facsimile, e-mail, or by hand) promptly procure such policies of insurance, in which case MSC shall reimburse City upon demand for the cost thereof, together with interest thereon at the lesser of the maximum rate permitted by law, if any, or twelve percent (12%) per annum from the date due to the date paid, as additional rent and, in addition, MSC shall be liable to City for any loss or cost resulting from such failure to maintain. MSC may not self-insure against any risks required to be covered by insurance. ARTICLE XI-DAMAGE OR DESTRUCTION 11.1 Continuation of Lease. This Lease shall not terminate, nor shall there by any abatement of rent or any other charges to be paid by MSC hereunder, or relief from any other obligations of MSC hereunder as a result of the partial or total destruction of the Premises or the Improvements. 11.2 Destruction of Premises. If the Premises and/or any Improvements are damaged by any casualty, MSC shall promptly and with due diligence reconstruct and/or repair any damage to the Premises and the Improvements in the manner and as required by Sections 5.1, 8.2, and 10.4 above. Page 14 20130926CityCouncilPacket Page 167 of 181 20130920/jrl 11.3 Waiver. The provisions contained in this Lease shall supersede any contrary laws now or hereafter in effect relating to damage or destruction. ARTICLE XII-CONDEMNATION 12.1 Condemnation. If the entire Premises or a portion thereof shall be taken by condemnation, sale in lieu of condemnation or in any other manner for any public or quasi-public purpose (collectively "Condemnation"), as to render, in MSC's reasonable judgment, the balance unusable by MSC, this Lease shall terminate with respect to the entire Premises or to such portion, as the case may be, on the date that title or possession to the Premises is taken by the condemning authority, whichever is earlier, but in the event that less than the entire Premises is taken by Condemnation, only after written notice from MSC with respect to MSC's intent as to the remainder of the Premises. In the event that this Lease is not terminated as provided above, the Lease shall continue in full force and effect and unmodified as to the remainder of the Premises. Notwithstanding any provision contained herein, in the event of a partial taking the Improvements shall be rebuilt and restored subject to the determination of feasibility by the City, 12.2 No Apportionment of Award. If there is a Condemnation, whether whole or partial,the City shall be entitled to receive and retain the entire award and MSC shall have no claim to any portion of the award or any right to make a separate claim for an award. ARTICLE XIII—NO LEASEHOLD MORTGAGES 13.1 No Right to Mortgage Leasehold. MSC shall have no right to mortgage its leasehold interest in the Premises to any entity whatsoever. ARTICLE XIV-ASSIGNMENT AND SUBLETTING 14.1 Restriction on Assignment. MSC shall not, without the prior written consent of City, either voluntarily or by operation of law, assign, or otherwise transfer this Lease or any interest herein,nor sublet or encumber all or any portion of the Premises. Any person to whom any Transfer is attempted without such consent shall have no claim, right or remedy whatsoever hereunder against City, and City shall have no duty to recognize any person claiming under or through the same. Any assignment, subletting or other action in violation of the foregoing shall be void and, at City's option, shall constitute a material breach of this Lease 14.2 Prohibited Transfers. MSC agrees that it will not, (1) assign this Lease or any of its rights under this Lease as to all or any portion of the Premises and Improvements, or (2) make or permit any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises or Improvements or the occupancy or use thereof, without first obtaining the City's express written consent thereto. Page 15 20130926CityCouncilPacket Page 168 of 181 20130920/jrl 14.3 City's Consent; Standards. The City shall be free to withhold its consent to any assignment or sublease of all of the Premises and Improvements in the City's sole and absolute discretion. 14.4 Non-Waiver. The consent by City to any assignment or subletting shall not relieve MSC or any person claiming through or by MSC, of the obligation to obtain the consent of City, pursuant to this Article XIV,to any further assignment or subletting. ARTICLE XV-DEFAULT AND REMEDIES 15.1 Events of Default By MSC. An Event of Default shall, at City's option,be deemed to have occurred hereunder following the expiration of all applicable notice and cure periods, if: (A) The failure by MSC to pay Base Rent or make any other payment required to be made by MSC hereunder as and when due and the continuation of such failure for Thirty(30) days following written notice from City. (B) The making by MSC of an assignment of this Lease or any sublease of all or part of the Premises except as expressly permitted under Article XIV of this Lease. (C) A notice of intent to cancel insurance coverage by an insurer that is not cured within fifteen (15) days of written notice from City (provided that MSC shall have up to thirty (30) days if the insurance shall remain in effect for such thirty (30) day period). (D) The cancellation, lapse or failure to obtain the insurance coverage required in Section 10.2, if not cured within five (5) days of written notice from City. (E) The making by MSC of any general assignment for the benefit of creditors or the filing by or against MSC of a petition under any federal or state bankruptcy or insolvency laws (unless in the case of a petition filed against MSC the same is dismissed within sixty(60) days after filing)the appointment of a trustee or receiver to take possession of substantially all of MSC's assets at the Premises or MSC's interest in this Lease or the Premises when possession is not restored within sixty (60) days; or the attachment, execution or other seizure of substantially all of such assets located at the Premises or MSC's interest in this Lease or the Premises if such seizure is not discharged within sixty (60) days. 15.2 City's Right To Terminate Upon MSC Default. In the event of any event of Default by MSC (after applicable notice and cure periods, as provided in Section 15.1 above), the City shall have the right without further notice or demand to MSC except as provided in Section 13.3 and 13.10 and except as provided in Section 15.1 (MSC hereby irrevocably waiving all notices and demands except as provided in Section 15.1), statutory or otherwise, to terminate this Lease and MSC's right to possession of the Premises without terminating MSC's liabilities under this Lease. Page 16 20130926CityCouncilPacket Page 169 of 181 20130920/jrl 15.3 City's Additional Remedies. In the event of an Event of Default of this Lease by MSC, whether or not City elects to terminate this Lease as provided in Section 15.2 above, the City may from time to time enforce all of its rights and remedies under this Lease, at law or in equity. 15.4 Right of City to Perform. All covenants and agreements to be performed by MSC under this Lease shall be performed by MSC at MSC's sole cost and expense. If MSC shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, City, upon advance written notice to MSC and reasonable opportunity to cure may, but shall not be obligated to, make any payment on MSC's behalf without waiving or releasing MSC of its obligations under this Lease. Any sums so paid by City and all necessary incidental out-of-pocket costs, together with interest thereon at the lesser of the maximum rate permitted by law if any or twelve percent (12%) per annum, from the date of such payment shall be payable to City as additional rent on demand and City shall have the same rights and remedies in the event of nonpayment as in the case of an Event of Default by MSC in the payment of Rent. 15.5 Non-Waiver. Nothing in this article shall be deemed to affect City's rights to indemnification for liability or liabilities arising prior to termination of this Lease for personal injury or property damages under the indemnification clause or clauses contained in this Lease. No acceptance by City of a lesser sum than the Rent then due shall be deemed to be other than on account of the earliest installment of such Rent due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and City may accept such check or payment without prejudice to City's right to recover the balance of such installment or pursue any other remedy in the Lease provided. 15.6 Cumulative Remedies. The specific remedies to which City may resort under the terms of the Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which it may be lawfully entitled in case of any breach or threatened breach by MSC of any provisions of the Lease. In addition to the other remedies provided in the Lease, including the right to terminate MSC's right of possession of the Premises and City shall be entitled to a restraint by injunction of the violation or attempted or threatened violation of any of the covenants, conditions or provisions of the Lease or to a decree compelling specific performance of any such covenants, conditions or Provisions. 15.7 Default by City. City's failure to perform or observe any of its obligations under this Lease shall constitute a default by City under this Lease only if such failure shall continue for a period of sixty (60) days (or the additional time, if any, that is reasonably necessary promptly and diligently to cure the failure) after City receives written notice from MSC specifying the default. The notice shall give in reasonable detail the nature and extent of the failure and shall identify the Lease provision(s) containing the obligation(s). If City shall default in the performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein), MSC may pursue any remedies available to it under the law and this Lease. 15.8 Force Majeure. No default in the performance of the terms, covenants or conditions of this Lease on the part of MSC or the City (other than in the payment of any Rent) shall be deemed to continue if and so long as the City or MSC, as the case may be, shall be Page 17 20130926CityCouncilPacket Page 170 of 181 20130920/jrl delayed in or prevented from remedying the same due to Force Majeure; but if and when the occurrence or condition which delayed or prevented the remedying of such default shall cease or be removed, it shall be the obligation of the City or MSC, as the case may be, without further delay, to commence the correction of such default or to continue and complete the correction thereof. ARTICLE XVI-ATTORNEYS FEES; COSTS OF SUIT 16.1 Attorneys' Fees. If either City or MSC shall commence any action or other proceeding against the other arising out of, or relating to, this Lease or the Premises, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, its reasonable attorneys fees. In addition, MSC shall reimburse City, upon demand, for all reasonable attorneys' fees incurred in collecting Rent or otherwise seeking enforcement against MSC, its sublessees and assigns, of MSC's obligations under this Lease. ARTICLE XVII-QUIET ENJOYMENT 17.1 Provided that MSC performs all of its obligations hereunder, MSC shall have and peaceably enjoy the Premises during the Lease Term, subject to all of the terms and conditions contained in this Lease. ARTICLE XVIII-HOLDOVER TENANCY 18.1 Holdover Tenancy. If MSC holds possession of the Premises after the expiration or termination of the Lease Term, by lapse of time or otherwise, MSC shall become a tenant at sufferance upon all of the terms contained herein except as to Lease Term. Without limiting the foregoing, MSC hereby agrees to indemnify, defend and hold harmless the City, and its agents contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation court costs and reasonable attorneys' fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the Lease Term. ARTICLE XIX-NOTICES 19.1 Notices. All notices, demands and requests which are required to be given by the City or MSC shall be in writing and shall be served by personal service on the recipient or as an alternative to personal service, by mailing the same by registered or certified mail, postage prepaid, or may be sent by overnight courier, addressed to the City at the address for City set forth in Section 1.5 above and to MSC at the address for MSC set forth in Section 1.7 above, unless a request for a change in this address has been sent to the party giving the notice by registered or certified mail or by overnight courier prior to the time when such notice is given. Any notice, including under Article XIII, shall be deemed to have been given and served when actually received or receipt is refused as evidenced by written verification. Page 18 20130926CityCouncilPacket Page 171 of 181 20130920/jrl ARTICLE XX-MISCELLANEOUS 20.1 Amendments. This Lease may be amended by mutual agreement of the City and MSC, provided that all amendments must be in writing and signed by both parties. 20.2 Successors. Except as expressly provided herein, this Lease and the obligations of City and MSC contained herein shall bind and benefit the successors and assigns of the parties hereto. 20.3 Memorandum of Lease. The City and MSC shall upon request of the other execute a recordable Memorandum of Lease. 20.4 Governing Law. This Lease shall be governed by, and construed in accordance with,the laws of the State of Georgia. 20.5 Severability. In the event any provision of this Lease is found to be unenforceable the remainder of this Lease shall not be affected, and any provision found to be invalid shall be enforceable to the extent permitted by law. The parties agree that in the event two different interpretations may be given to any provision hereunder, one of which will render the provision unenforceable, and one of which will render the provision enforceable, the interpretation rendering the provision enforceable shall be adopted. 20.6 Captions. All captions, headings, titles, numerical references and computer highlighting are for convenience only and shall have no effect on the interpretation of this Lease. 20.7 Interpretation. MSC acknowledges that it has read and reviewed this Lease and that it has had the opportunity to confer with counsel in the negotiation of this Lease. Accordingly, this Lease shall be construed neither for nor against City or MSC, but shall be given a fair and reasonable interpretation in accordance with the meaning of its terms and the intent of the parties. 20.8 Time is of the Essence. Time is of the essence of this Lease and the performance of all obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date first above written. [Signatures on Following Pages] Page 19 20130926CityCouncilPacket Page 172 of 181 20130920/jrl CITY: Sworn to and subscribed before me, CITY OF TYBEE ISLAND, GEORGIA this_day of , 2013. By: Witness Jason Buelterman, Mayor Attest: Janet LeViner, City Clerk Notary Public APPROVED AS TO FORM: Edward M. Hughes, City Attorney MSC: Sworn to and subscribed before me, TYBEE ISLAND MARINE SCIENCE this_day of ,2013. FOUNDATION, INC., a Georgia Non-Profit Corporation By: Witness Michael Neal, President Attest: Notary Public Cathy Sakas, Secretary SEAL 20130926CityCouncilPacket Page 173 of 181 20130920/jrl EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES 20130926CityCouncilPacket Page 174 of 181 20130920/jrl CITY OF TYBEE ISLAND Task Order Memorandum To: Olsen Associates, Inc. Date: April 1, 2013 2618 Herschel Street Contract: Coastal Engineering Consultation Jacksonville, FL 32204 Request Made By: City of Tybee Island Request Received By: Erik J. Olsen, P.E. Task Order No. 2013-01 Task Order 2013-01 —Tybee Island Shore Protection Project- Renourishment The Consultant shall provide liaison with the City and the Savannah District, USACOE regarding the next scheduled federal beach renourishment project. More specifically, the consultant shall review and comment on a draft L.L.R. and participate on a Project Development Team (PDT) as the City's technical representative. All work is to be performed on a T&M basis. Initial Budget $20K. Olsen Associates,Inc. City of Tybee Island OeL°1iL Erik J. Olsen President Diane Schleicher, City Manager Date: Date: 1 April 2013 20130926CityCouncilPacket Page 175 of 181 20130920/jrl MEMORANDUM `== TO: Diane Schleicher; City Manager—Tybee Island FROM: Erik J. Olsen, P.E E3-13 olsen associates, inc. DATE: 30 August 2013 coastal Engineering RE: 2013 —Task Order Descriptions—Coastal Engineering Services Pursuant to your recent request, I have the following explanations regarding the two (2) Task orders in question: a) Task Order 2013-01 - This task does not have a firm scope other than to represent the City on the COE Project Development Team. Based upon our in-depth knowledge of the last project, we anticipate the requirement to advise (and guide) the District engineering staff. For example, for the 07 project we performed all surveys and geotechnical work needed to develop the borrow site; permitted the project with the State; performed the Cultural Resource analyses and literally designed the fill placement. We also modified a significant number of COE specifications for purposes of achieving a cost effective bid. As is typically the case, most of the 2015 project staff will be different and therefore lacking in institutional knowledge of the Tybee project. There is no set cost for this work. It is on a T&M (i.e. hourly basis). Hence the budget cited in Task Order 2013-01 is an estimate only. b) Task Order 2013-02 —The Consultant shall re-evaluate the need and feasibility for future sand placement on North Beach similar to work constructed in 2005 at that location. A site visit will be performed to observe existing site conditions and to discuss the City interests in addressing erosion on North Beach. A Memorandum-of-Findings will be submitted along with a schedule of activities necessary to pursue such a project. No survey, aerial photography or geotechnical testing will be performed. A costing for the project as well as a 2013 Labor Rate Sheet is attached for your review. Thank you for your consideration in these matters. Enc/ olsen associates, inc. 1 2618 Herschel Street I Jacksonville, FL 32204 I 904.387.6114 I FAX 904.384.7368 www.olsen-associates.com. 20130926CityCouncilPacket Page 176 of 181 20130920/jrl u H c O w v• r u f6 cc I- O O Z m m o c e-I u m 6. t to ill in in o N h . M U 0 h u a 41 N G H i I- n 0 0 O O O O O O O O O O vivid a II - - N m 1- r N in V/VT in in in iA u a O Z O O > O_ a wn r 8 N 2 j LL w w O J o = a tr m r w vri U, ? r a s 9 LL a 2 O O o O o 0 0 O • O O o r a0 m o m tw0 O 0 1:1 N ."I .O-I R N O ci 4.4 V! i n N i n i n i n N i n i n i n i n W W a ll N a h a Vl O J _ r I Ot0 N O OW t0 0 a O a N .-I .i .i .1 cc c m .o ~ N VT V VT V v!N V VT VT� J 0 N W K O Z R G r 7 W 0 0 ti 0 0 0 ti ti 0 Cr g 41 o p p .-I O v W N K W IL- - m LL r z O N M oo oo V 0 Y , V Q r O V r to N co r Y U, O 5 . 00 Z H h V Cf O a 0 cc Cf 5 Z t Q O W K Z G o o z Q J • o 0 a 2 W vt Z w vl U J , IN 00 N a i Q Z 0 w O CC W N o O 2 CC U Z r Y m Q N v o Q Z a F O K m - V •0 a...I H O _ v v v v � v � r W . . Q a a c c C a' > s m a Q u c u w w w c a 'g 0 r a r O Y Y y v a aa 'c AV � a „ .� u. a In' oLL EO t � 0 v 20130926CityCouncilPacket Page 177 of 181 20130920/jrl OLSEN ASSOCIATES, INC. LABOR RATES 2013 Principal $218/hr Principal II $194/hr Senior Engineer $165/hr Coastal Engineer I $127/hr Coastal Engineer II $104/hr Coastal Engineer III $95/hr Inspector $79-90/hr CADD Technician $65/hr Administrative Assistant $69/hr 20130926CityCouncilPacket Page 178 of 181 20130920/jrl 0 L :15 E O ` 2 tea' U 5 r0 w ;°, i7- O•> v c ii a v a v v °- fO o o v m - s ria ,`-F > a C a d M N C J ra 'a c1 -0 U E m a`, on o ° u 0 C NO � '0 T `O -° .O c-1 `1 m LL m N O C E l0 m Ql a' a' CL d `a C C a' > N N `' -0 r w OD > v v a m U•31 rn .3 o 'n>-0 c ami z o c o a' .. o aO c v -C) cm1 N N ... .0 '.0 1+ r0 U' U r,'1 C C J M lD u U = 'a E -a `O c-I ` m y °• O C < Q 0 a' C 0i O- 1n 0 O v t C - m 0 Q U 2, °u C C aj a' a, ° C T a 0 E T o J 0 J i `' co 4',1, a' J a 0 a' j H 0 U u L u -O a' m C (°' 0 C E U C u T (.. 2 0 a v m v T a OD ,n a' oo v F 0 g '5 .0 C 3 m t C C C J U " C •J a+ Lyoa o o N +O-' L' S!N3WWO' 3 e o w on s v v J u o 0 N c a, :°o N o . m 1VN011100• o ° o E Y c ' t 0 ra o f to m v u =o 0 E 'a o > .. 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J al 0 a' - a a' a H H m U 4- 0 c U u E v ¢ v u - c m c °c ro £ a' no Y a ar m s J n v m' m o 0 U° c ° v v o Q m o w - . c z £ w 3 5 u tea' r E E v .0 m u a3i v u ;, u c 0 M c y v r ° a is E m is E E a a > � v °- 0 3 E v ° > rua > E a v c -0 a O o 0 J "' J a'I a' J m -O a, m 0 a., U al N ° a cc 0- o a m u u z a I- a K 1- a l7 ¢ K ° 11 0 to < ¢ K `1 m O u = G 0 u e1 N to m l0 N 00 0)I 0 c1 N M V 00 00 N 00 01 0 ,-) N to u1 00 N 00 01 0 c-I c-1 c-I c-1 c1 c-1 c-1 c1 c-1 c-I N N N N N ON N N N M 20130926CityCouncilPacket Page 179 of 181 20130920/jrl COMMUNITY RESOURCE COMMITTEE Minutes August 19, 2013 4:30 pm, City Hall MEMBERS PRESENT: Sandy Major, Chantel Morton, Freda Rutherford, Kathryn Propst, Frank Kelly MEMBERS ABSENT: David Turner, Mallory Pearce, Tommy Linstroth, Bill O'Brien, Brad Sherman GUESTS: Dan Lockwood (new member pending approval by Council), Monty Parks, Diane Schleicher, Paul Wolff ACTIONS TAKEN: • Welcomed new member, Dan Lockwood • Approved July minutes ITEMS DISCUSSED: • Annual meeting and election of officers at September meeting • By-laws amendments: proposed changes to Article 3 (Officers); add elected vice-chair, secretary, and treasurer and add duties of treasurer • Reappointments: Mallory Pearce wishes to be reappointed; Karen Kelly withdrew her name from consideration • New member recruitment: Dan Lockwood has submitted membership information and is on Council agenda for approval; we need to recruit others • Recycling and energy update/reprogramming energy savings: Residential solid waste weights have increased each month (except Feb.) of 2013; recycling amounts vary but all months (except April) in 2013 have had higher recycling weights than in 2011 and 2012. Should investigate styrofoam alternatives from restaurant suppliers after Pirate Fest. Overall average electrical usage has decreased in City buildings since 2008. However, the Gym and YMCA seem problematic. Should investigate monitoring to help them identify areas for improvement. Should present data to Council, forward to Green Teams, and send calculations of savings to Angela Hudson to rollover into account for other energy projects per grant. Calculation of savings is based on difference in use from 2008 at current (time of use) rate. • Public Safety Building: There will be a public presentation of the design on August 20 at 5:00 pm.Work has focused on the design and site plan; engineering is next. The goal is to have a LEED Silver equivalent building; Elkins is preparing comparisons of different systems for roofing, HVAC, etc. Possible lease/purchase agreement for solar panels. • LED street lights: The Mayor has requested that the CRC be involved; there is a meeting with Georgia Power scheduled for August 21 at 9:30 am at City Hall. LED lights could be solar and/or wind powered. See the American 20130926CityCouncilPacket Page 180 of 181 20130920/jrl Legion's installation. Debbie Bell once visited Tybee in conjunction with a street lighting grant/project; she suggested that we join the Dept of Energy's Municipal Solid State Street Lighting Consortium. • Compost&rain barrel project: Can't use a City account for this; try partnering with garden/Tybee Beautification Association. • Green Team report: Setting next meeting.America Recycles Day is scheduled for Nov. 16. • Projects in need of subcommittees/work: we have a list of projects; would like to make sure they are "shovel-ready" and ready for budget planning process; need to focus on financial savings, in-house labor, etc. • Police car update: some older Crown Vics are being auctioned; Passats should arrive soon; being lettered by West Chatham. Planning PR event when they arrive. Consider solar panels to augment batteries/reduce idling on remaining Crown Vics. • Sea level rise planning and Beach Task Force report: Vulnerability map on display has drawn attention; Jason Evans' group's work has drawn attention from the Corps and DOT regarding raising HW80. Beach Task Force is considering dune template concept; is there a better way to cross dunes (NJ concrete overpasses); Georgia Coastal Hazards Portal is a useful tool for looking at erosion rates • Community Day: Sept. 29 ACTIONS AGREED UPON: • Freda Rutherford will prepare a current membership list. • Sandy Major will send latest energy and recycling data to City Council and share with Green Teams. • CRC (need volunteers) will investigate energy monitoring technologies for Gym and YMCA. • Sandy Major will calculate energy savings for rollover and submit to Angela Hudson for verification. • Frank Kelly will follow up on sytrofoam alternatives from restaurant suppliers after Pirate Fest. • Kathryn Propst will contact Deb Barreiro re partnering on compost bins and rain barrels. • Kathryn Propst will forward Diane Schleicher information on solar panels for Crown Vics. NEXT MEETING: September 16, 2013, 4:30 pm, City Hall Prepared by KBP 20130926CityCouncilPacket Page 181 of 181 20130920/jrl