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HomeMy Public PortalAbout20131212CityCouncilPacket Table of Contents 000_000_Agenda20131212 1 050_010_20131114CityCouncilMinutes 4 050_011_attach 19 050 020 20131202Minutes 24 060_010_g matthews 25 060_020_Tybee Tourism Council 28 070_020_Jim Lewis - Presentation by WastePro Regarding Route Changes 29 070_021_Proposed Tybee2 30 070_022_WastePro 31 070_030_Otto - South End Policies & Procedures 39 070_031_Otto - Zoning Map lof2 47 070_032_Otto - Zoning Map 2of2 51 070_040_pu rchasi ng 53 090_010_SandArtsFestival2014SEA-CCAR 61 090_011_sandart 69 090_020_Agenda Request 2014 Alcohol & Entertainment Licenses 70 100_010_Agenda Request - Special Inspections Services for Public Safety Building -Whitaker Labs 73 100_011_11-18-13 (Revised) CS ProposalGreenlineTybee Island BuildingChatham CountyGA doc 74 11-18-13 (Revised) CS Proposal,Greenline,Tybee Island Building,Chatham County,GA 74 Master standard pricing schedule - last update - 10-1-13 81 100_020_Agenda Request for 2013 85 100_021_License Agreement 86 100_022_Maintenance Agreement 90 100_030_Amend General Fund Operating Budget 94 100_040_Marine Science Center Lease final draft 12-5-13 97 100_050_Addendum w-rev ex b - 12.06.13 130 120_010_1 Variance - Lot 2 Van Horn loft 137 120_011_1 Variance - Lot 2 Van Horn 2of2 152 120_020_2 Ord.40-2013 - bicycle racks 154 120_030_3 Ord.41-2013 - banner permits 161 120_040_4 Ord.42-2013 - amusement parks 168 120_050_Minutes_PC_20131119_ 173 130_010_Downtown Development Authority 189 130_020_36-2013 fire subscription 10.28.13 193 130_030_37-2013 fire subscription rate 11.04.13 - clean 196 130_040_38-2013 Sec 66-104 Idling vehicles 11.04.13 - clean 199 130_050_2nd Reading Ord 35-2013-A; R-2 Uses After Special Review 202 150_010_STWP Update_11.06.2013 209 150 020 Action Item List December 2013 218 160_010_MSBOD_October162013apprd 219 160_020_H PCApprovedOctober212013mi nutes 221 160 030 Infrastructure Committee Minutes - 8.8.13 222 160_031_20130919 Infrastructure Committee Minutes 227 160_032_Infrastructure Committee Minutes - 10.10.13 230 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL DECEMBER 12, 2013 7:00PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Jan LeViner Pledge of Allegiance IV. Recognitions and Proclamations 1 Employee of the Quarter V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Minutes, November 14, 2013 2 Special City Council Minutes, December 2, 2013 VI. Consideration of Boards, Commissions and Committee Appointments 1 Gordon Matthews, Audit Committee 2 Melissa Memory, ex-officio member from the Tybee Island Tourism Council to the Tybee Island Main Street Board of Directors VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Jim Kluttz, Polar Plunge 2 Jim Lewis, WastePro 3 Dianne Otto a) South end policies and procedures b) Zoning Map 4 Angela Hudson a) Proposed purchasing policies and procedures manual and proposed ordinance changes for review 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 Special Event Consideration, 2014 Sand Arts Festival (May 2, 2014, 10AM —4PM); North Beach area 2 Alcohol Licenses and Entertainment Licenses: Information for consideration of alcohol and entertainment licenses for calendar year 2014 X. Consideration of Bids, Contracts, Agreements and Expenditures 1 Public Safety Building: proposal for special inspection services by Whitaker Labs, Savannah - $13,533. Budget Line Item: 320-3210-54-1310 (2008 SPLOST— Public Safety Building) 2 AutoCite Maintenance Agreement& License Agreement from Duncan Solutions. Budget Line Item: 1535-52- 1300 and 1535-11-3800, total $1,400. 3 Amend the FY2013 General Fund Operating Budget for yearend adjustment by an increase of$18,900: Parking Division 4 Lease Agreement, Marine Science Center Foundation and the City of Tybee Island gol3WRfrittdoAdzieriEliffltin for Community Service l-af33 20131206/jrl XI. Consideration of Approval of Consent Agenda XII. Public Hearings 1 Variance— Lot 2 Van Horn —consideration of rear and side setback encroachments for new single-family construction; PIN 4-0021-03-001; Zone R-1; Heather Rogers, petitioner 2 Text Amendment—consideration of amendment to bicycle rack substitutions; Section 3-080— Commercial Off-street Parking, Bicycle Racks 3 Text Amendment—consideration of amendment to the event banner permit ordinance; Section 6-080 —Signs in Parks—Conservation District 4 Text Amendment—consideration of amendment to activities allowed; Section 3-220 —Amusement Parks 5 Planning Commission Minutes, November 19, 2013 XIII. Consideration of Ordinances, Resolutions 1 Downtown Development Authority, "Resolution for Reactivation of the Tybee Island Downtown Development Authority" 2 Second Reading, 36-2013, Sec 26-42, Fire Subscription 3 Second Reading, 37-2013, Sec 26-41, Fire Subscription Rates 4 Second Reading, 38-2013, Sec 66-104, Limitations on Idling Vehicles 5 Second Reading, 35-2013A, Sec 4-050, District Use Regulations XIV. Council, Officials and City Attorney Considerations &Comments 1 Wanda Doyle a) Update on Public Safety Facility b) Salt Meadows 2 Bill Garbett a) Out of state travel to Hilton Head, SC to review their reverse osmosis operation and cretaceous aquifer well b) Resolution to increase hotel/motel tax by 2% 3 Barry Brown a) Update on electrical usage in comparison from previous report XV. City Managers Report 1 Short Term Work Program 2 Action Item List XVI. Minutes of Boards and Committees 1 Main Street Board of Directors, Minutes, October 16, 2013 2 Historic Preservation Commission, Minutes, October 21, 2013 3 Infrastructure Committee, Minutes, August 8th, September 19th, and October 10, 2013 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. THE VISION OF THE CITY OF TYBEE ISLAND 20131212CityCouncilPacket Page 2 of 233 20131206/jrl "Ys to make Tybee Island the premier beach community in which to live, work,and play." I 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." 20131212CityCouncilPacket Page 3 of 233 20131206/jrl City Council Minutes 20131114 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on November 14, 2013. 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; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, October 24, 2013 • Brenda Marion, Main Street Board of Directors • Special Event Consideration, New Year's Eve Fireworks (January 1, 2014 at 12:00AM): Walter W. Parker Pier & Pavilion; Tybee Island Tourism Council • Approval of GDOT permits for a flashing pedestrian cross-walk signage on Hwy 80 (Butler Avenue) at Tybrisa (16th Street). GDOT is to cover the cost of engineering and installation. City of Tybee will be responsible for on-going maintenance. City council has previously approved permits from the McKenzie cross-walk to the 15th Street cross-walk on Hwy 80 on 7/11/13 • Global Software — Annual Maintenance Agreement for Management Data Systems tracking software - $2,546/year. Budget Line item: 100-321052-1300 (police equipment service contracts) • Review the fund balance report as of June 30, 2013 and make any necessary changes. For fiscal year ending June 30, 2013, the general fund ended with a surplus of $496,756. It is recommended that the City Council commit an additional $150,000 to Beach Re-nourishment; $49,002 to Retrofit Revolving Loan Program; and $83,240 to Economic Stabilization • Zoning Department Printing Lease. Current lease for multifunction/wide format equipment expires 12/21/13 and we will not be renewing. Budget Line Item: 1535- 53-1100 ($13,800) • Resolution, Georgia Certified City of Ethics • Resolution, Rule 3.3 • Biggert — Waters Resolution • Clerk Certification Mayor Buelterman called the regular meeting to order at 7:10 PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Sister Barbara Shimkus • Pledge of Allegiance Mayor Buelterman read the Proclamation for Small Business Saturday. 20131212CityCouncilPacket Page 4 of 233 20131206/jrl Report of Staff, Boards, Standing Committees and/or Invited Guests Carolyn Jurick, Tybee Island Maritime Academy, approached mayor and council to give an update on the Maritime Academy. Ms. Jurick thanked everyone on the Island for all their assistance in the opening of the Academy. She reported enrollment is currently 150 students of which 70 are Tybee residents. Ms. Jurick explained the on-going activities, testing, fund raisers, clubs and again thanked everyone for their continued support with Academy. Jimmy Brown approached mayor and council to have a discussion and present his recommendation to declare city properties as open space and some with deed restrictions as outlined in the packet. He strongly recommended moving forward with designating properties as open space. In this way, the City will receive points toward the rating. Ms. Fox recommended that the City hire a professional surveyor, get a quote to have the calculations done on the properties, and bring back to mayor and council for their approval. Mr. Groover suggested that the unopened rights-of-way (r-o-w) at Fort Screven be included in the calculations. Mr. Brown was not sure but suggested these r-o-w be dealt with by using a deed restriction. Mr. Brown requested guidance from mayor and council on other properties/unopened r-o-w that would need to be included in the calculations. Mr. Wolff suggested he contact Department of Natural Resources (DNR) to have them calculate the buffers as they will be able to flag the property for elevation and vegetation which would be sufficient for FEMA's guidelines. Mr. Brown agreed as he has trouble with the calculations, i.e., calculating taking out the marsh from the land mass. Mr. Hughes recommended there were accreted properties on the north end that might qualify for open space and other properties that are zoned environmental conservation that also may qualify based solely on the zoning. Ms. Doyle recommended that Mr. Brown begin with the nature trail, Blue Herron, and then have a plan moving forward. Mr. Brown confirmed and will work with Ms. Schleicher. Mayor Buelterman requested Ms. Schleicher contact a professional to do these calculations. Mr. Garbett agreed with Mr. Groover in the unopened r-o-w be included in the calculations. He would also like to have an inventory of the unopened r-o-w for future use. Mayor Buelterman asked Mr. Brown to explain why the r-o-w could not be designated for open space. Mr. Brown responded that you can only use parcels of land and not r-o-w. Mayor Buelterman then asked what the deadline for the designating of property is. Mr. Brown responded that the site visit will be in April 2014. Mr. Brown also recommended that the Planning Commission review increasing the free boarding from one to three feet. One foot awards the City 100 points; two feet, 225 point; and three feet, 375 points. Mr. Barry Brown confirmed that points have been given for "building up" for several years. Mayor Buelterman confirmed that the City needs to adopt a three foot freeboarding policy. Ms. Otto stated that this issue will be on the Planning Commission agenda for November 19th and before mayor and council December 12, 2013. Mayor Buelterman stated going forward: (1) Mr. Brown will move forward with the parcels suggested in the packet and (2) Ms. Schleicher is to contact a surveyor who will be able to assist the City with the process to include pricing and the amount of points would be generated. Ms. Schleicher confirmed. Mr. Wolff suggested Ms. Schleicher contact the GIS department at 20131212CityCouncilPacket Page 5 of 233 20131206/jrl MPC as the City has an ongoing contract and it might be cost effective. Mayor Buelterman thanked Mr. Brown for his presentation. Citizens to be Heard • Donald Cowart, Parking Garage. Was ill and not at meeting. Consideration of Bids, Contracts, Agreements and Expenditures Request the City Council's approval to reclassify the Finance Manager position to the Finance Director position. Mr. Wolff asked Ms. Schleicher if there is a stipulation of how many direct reports the finance director must have to qualify to moving from the finance manager to director. Ms. Schleicher stated no and would ask that mayor and council keep human resources as a direct report to the finance director as that department drives the budget and costs. Mr. Wolff would recommend that IT department remain independent as they have a comprehensive role throughout all departments within the City. Ms. Schleicher reiterated that this is not a reflection on the human resources or IT departments but only to relieve the amount of direct reports she has. Ms. Hudson approached mayor and council. She would ask that both departments be put as her direct report as with the previous finance director. A discussion ensued regarding IT remaining as a direct report under the city manager or moving under the finance director. Ms. Doyle expressed her concerns with being consistence with previous decisions made by mayor and council. Her preference would be that IT remains as a direct report to the city manager. Ms. Fox stated that in her opinion, IT does need to be under the supervision of the finance manager. She recommended that Ms. Hudson look into establishing a purchasing position. Ms. Hudson confirmed. Mr. Wolff stated that he fully supports Ms. Hudson's performance but would still prefer the IT to remain under the supervision of the city manager. Mr. Garbett stated that he had a discussion with the city manager and his only concern is that Ms. Hudson has sufficient time to focus on the finance department and not being diverted by supervising another department. Mr. Groover asked why parking is not being moved to the finance department as they are responsible for a large portion of revenue for the City. Mayor Buelterman explained that the parking department at one time was under the finance director but was transferred to the city manager when the previous finance director left her position. Mr. Brown asked Ms. Hudson if she felt she was ready to take the two departments. Ms. Hudson confirmed. Mr. Garbett stated he is in favor of moving forward with this request and the possibility of revisiting in three months. Tom Groover made a motion to approve as written. Jan Fox seconded. Voting in favor were Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting against was Paul Wolff and Wanda Doyle. Motion carried 4-2. Proposal for ADA Sidewalks on the east side of Butler Avenue from 18th Street to 19th Street — Lowest responsive proposal — A.D. Williams - $19,500. Property owners have been notified regarding upcoming project. Budget Line Item: 4210- 54-1400 (SPLOST street and sidewalk paving). Ms. Schleicher explained that the sidewalks will only take five feet and will be up against the street. She does not feel any parking spaces will be lost. She stated that funding will in part come from SPLOST. Ms. Doyle 20131212CityCouncilPacket Page 6 of 233 20131206/jrl expressed that she also feels this is a positive as it is a public safety issue. Wanda Doyle made a motion to approve. Jan Fox seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous. Public Hearings Minor Subdivision — 5 & 9 Moore Ave. — consideration of transfer of land; PIN 4- 0002-02-009 & 4-0002-02-012; Zone R-1-B; Sandra Carroll & Aletha Dean Carter, petitions. Ms. Otto approached mayor and council stating this is a request for a minor subdivision at Moore Avenue as the owner is asking to have ten feet of land transferred from one owner to another. She explained that in the packet for this evening is a map showing the transfer of land. Ms. Otto stated this was heard by the Planning Commission and the vote was unanimous to approve. Jan Fox made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 5-0. Paul Wolff recused. Variance — 168 Lewis Ave. — consideration of setback encroachment for rebuilding of stairs; PIN 4-0016-04-006; Zone R-1-B; Janice & Gordon Insley, petitioners. Ms. Otto stated this request is for the rebuilding of stairs on the front side of the residence as the current stairs are in poor condition and need to be rebuilt. This request is to make the stairs one foot wider than currently. If approved, this will make the stairs one foot closer to the front setback. The Planning Commission voted to approve, 4-2. Ms. Doyle asked Ms. Otto to clarify the position of the stairs. Ms. Otto showed a picture on the screen of how the stairs would be constructed. Gordon Insley approached mayor and council to clarify this request as it is due to mobility issues. Wanda Doyle made a motion to approve. Jan Fox seconded. Vote was unanimous, 6-0. Variance — Lot 16 Ninth Terr. — consideration of front setback encroachment for new single-family construction; PIN 4-0006-05-006C; Zone R-2; Gary Sanders. Ms. Otto stated the applicant used the 200' rule of the City Code to calculate a front setback and prepared a building plan which was submitted for permitting. During review it was determined that the calculations under the 200' rule was not correct. She further explained that based on calculation for lot 16 under the 200' rule, the lot is eligible for a 16.9' front setback. The Planning Commission voted unanimous, 6-0, to deny. Gary Sanders, architect, approached mayor and council. Mr. Sanders stated that this is a variance request for a substandard lot of record. Ms. Otto clarified that the lot frontage is 60' and the depth is 90'. Mr. Sanders corrected Ms. Otto stating the lot is 70' deep. Ms. Otto confirmed. Mr. Sanders stated that the house had been designed to fit the lot, a substandard lot of record. He then distributed several sets of drawings which were not included in the packet (attached). Mr. Sanders discussed the measurements and placement of the projected residence on the lot. He further stated that there is not a house on the street that complies with the setbacks. Mr. Sanders explained that when the calculations were done for both lots 16 and 17 they were compared to the adjacent lot, lot 20. He then discussed the floor plan as handed out to mayor and council (attached). 20131212CityCouncilPacket Page 7 of 233 20131206/jrl Mr. Sanders stated his concerns with parking and the increase of congestion due to the parking of cars. Mayor Buelterman confirmed with Mr. Sanders that if you have less setback he will have more parking. Mr. Sanders stated no and approached mayor and council to explain his diagram. He would ask mayor and council to approve this variance request. Ms. Doyle asked Mr. Sanders to confirm that these new residences if approved will not sit in front of the current houses on the same side of the street. Mr. Sanders confirmed. Mr. Garbett confirmed with Mr. Sanders that it is his understanding that there is no feasible way to build this house without a variance. Mr. Sanders confirmed. He also stated that if he were to build "up" it would damage the existing cedar tree and that is something he does not want to do. Mr. Sanders also feels that he has a superior plan, is keeping with every building on the street, and that he is asking for a variance as both plans were submitted at the same time. Ms. Doyle asked Ms. Otto to explain an easement encroachment as stated in an email she received. Ms. Otto stated she is not aware of an easement encroachment. Mr. Sanders then explained his calculations. Mr. Wolff stated that Mr. Sanders needs to design the house to fit the land. Mr. Sanders stated that he can redesign the house but it would be a saw-tooth effect. Mr. Wolff stated that his understanding is that Mr. Sanders wants to maintain architectural integrity and have reasonable space within the house. Mr. Sanders responded that he does not want to build a box and would like to have a nice house on the property. He then explained that all his materials were not included in the packet and he does not feel he can properly present the variance request. Mayor Buelterman asked Mr. Hughes for clarification on how to proceed. Mr. Hughes explained that if no action was taken, Mr. Sanders could come before mayor and council at a future council meeting as long as the variance request was advertised as a public hearing. Ms. Otto stated that all the graphics Mr. Sanders provided her office have been included in the packet and the graphics he has provided mayor and council have not been reviewed by staff. Ms. Doyle asked Mr. Hughes if this request is continued would it come before mayor and council at the December city council meeting. Mr. Hughes responded it could if the request is properly advertised. Mr. Groover asked Ms. Otto to further explain her calculations regarding the setbacks. Ms. Otto responded that she treated each lot as a vacant lot. Mr. Sanders explained that he wants the house to be attractive and functional and fit into the neighborhood. He would ask mayor and council to approve his variance request. Greg Stoffler, co-owner of the lot, approached mayor and council. Mr. Stoffler stated that everyone needs to focus on continuity with the building structures. He explained that the other residences on the street are in a line and questioned if lot 15 was approved with or without a variance and is it in violation? Mr. Stoffler stated that all houses on this street, to the right hand side, are in violation of the encroachment. He further explained that they have mitigated the trees based on the footprint and have kept all the trees to the front of the lot. If this variance is not approved, the impact with be greater as the car will be in the front of the property. Mr. Stoffler asked mayor and council for consideration of what everyone else on the street has been granted from either on oversight or through a variance. Ms. Otto explained the other residences on the street, as some were built in 1940 and 1950's. Mr. Sanders reminded mayor and council that the variance only applies to the stairs as it is not a habitual area. Mayor Buelterman asked Mr. Sanders if it is his desire that mayor and council consider this request tonight or is it his desire 20131212CityCouncilPacket Page 8 of 233 20131206/jrl that it be considered at the December city council meeting. Mr. Stoffler replied that they would like it considered tonight as the building makes sense, parking makes sense, parking is safer, and it makes the street more attractive. This is a very attractive Tybee cottage. Vivian Dubuque approached mayor and council. Ms. Dubuque, owner of lot 15, stated her concerns with safety as Ninth Terrace is a very narrow lane. She further stated that she loves the plans on the residence but is opposed to the variance. Earl Shaffer, 9 Ninth Street, approached mayor and council. Mr. Shaffer expressed his concerns with the cedar tree on the property as well as the other five trees. He recommended that this residence be in line with Ms. Dubuque's home and not stick out in front of it toward the street. Ms. Doyle stated that according to the plans, the proposed buildings will be in line with the other residences on the street. Bill Garbett made a motion to deny. Jan Fox seconded. Discussion: Mayor Buelterman asked Ms. Otto to read from the Land Development Code (LDC) the section that addresses variances, Article 5-090. Ms. Otto read the section. Mr. Hughes addressed subsection (a) (1) and (2), Standards. This section addresses hardships. Mayor Buelterman then asked Ms. Otto if this variance request meets the Standard as outlined by Mr. Hughes. Ms. Otto responded no. Mr. Garbett stated that there is no hardship as Mr. Sanders has a clean vacant lot to build on. Voting to deny were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting to approve was Wanda Doyle. Motion to deny carried 5-1. Variance — Lot 17 Ninth Terr. — consideration of front setback encroachment for new single-family construction; PIN 4-0006-05-006B; Zone R-2; Gary Sanders. Ms. Otto stated that Planning Commission unanimously denied this request. She explained that lot 17 is closer to Butler Avenue and because of the corner lot being a side setback for the Butler addressed property only lots to the east were used for calculations. Gary Sanders approached mayor and council to again state that the average Tybee lot is 60x90 and this lot is 60x70 He thanked mayor and council for their consideration. Mr. Brown stated that the average Tybee lot is 60x80. Bill Garbett made a motion to deny. Jan Fox seconded. Voting to deny were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting to approve was Wanda Doyle. Motion to deny carried 5-1. Minor Subdivision — 1213 Solomon Ave. — consideration of subdivision of one lot into two lots; PIN 4-0021-14-006; Zone R-1; Tony Petrea. Ms. Otto stated that this minor subdivision is a request for one lot into two lots. The Planning Commission heard this request and their vote was unanimous to approve. She further explained that this property is between Solomon Avenue and unopened Estill, zoned C-2. Ms. Otto stated that is the intent of the owner to subdivide and insert a new property line. The section of the property that includes the parking area would become a separate parcel as those parking spaces are used for other lots in the area. Mr. Wolff wanted to confirm that the owner is willing to put a deed restriction on the new lot so it will never be built on. Ms. Otto confirmed as the new plat does include that language. Mr. Wolff asked Mr. Hughes if that language would preclude future building. Mr. Hughes responded that he would like clearer language such as "this is not a buildable lot and no construction is permissible". Mr. Wolff confirmed. Tony Petrea approached mayor and 20131212CityCouncilPacket Page 9 of 233 20131206/jrl council. Mr. Petrea explained that this was a subdivision that was done in 2004. At that time it was one parcel and he came before mayor and council asking to subdivide the lot. Mr. Petrea explained the easements on the property and how they were given to the adjacent property owners to be used to access the parking spaces. He is asking permission to subdivide the property leaving approximately 1700 square foot area at the end of the lot. Mr. Petrea would retain ownership of the seven lots and the resident would be able to sell her property without any encumbrances. Mr. Wolff asked Mr. Petrea if he would clarify the language on the deed restrictions that this lot is unbuildable. Mr. Petrea confirmed as he has no intentions of building. Mr. Brown asked Mr. Petrea to explain an easement as shown on the drawing in the packet. Mr. Petrea explained the three easements which allow residents to get to the parking area. Paul Wolff made a motion to approve with the condition that the deed be restricted to be unbuildable in perpetuity. Jan Fox seconded. Vote was unanimous, 5-0. Tom Groover recused. Variance — 300 & 302 Second Ave. — Zone R-2; Cory Scoville, petitioner; consideration of setback encroachment for rebuilding duplex unit landing and stairs. Ms. Otto stated that this is a variance request located at a duplex at 300 and 302 Second Avenue, zoned R-2. She explained that the duplex is an over/under duplex as opposed to a side/side unit and the request is to rebuild what was removed due to its deplorable condition, landing and stairs. Ms. Otto directed mayor and councils attention to the drawing in their packet showing a 3' 6" side setback. This will give a larger access into the second floor duplex. Ms. Otto then stated that if approved the stairs would remain on the property but a portion would extend into the City's r-o-w. When heard by the Planning Commission, their vote was unanimous to deny. Mr. Garbett asked Ms. Otto if a variance would be required if the owner was to rebuild the landing and stairs in the same footprint. She responded no, the owner would just apply for a permit. Mr. Garbett asked Mr. Hughes if there is another instance such as this on the Island. Mr. Hughes responded that there is at least one that he is aware of but not sure if the project was ever completed. Martin Row approached mayor and council. Mr. Row explained they he has just purchased the house which has been sitting for approximately twenty years. He would ask mayor and council for a bigger landing at the top of the stairs as it is a safety issue. Mr. Brown asked Mr. Row if the landing was not bigger on the rear of the house. Mr. Row stated no, as it is also 3'x3'. Mr. Brown stated that he feels the solution would be to rebuild the stairs to the rear rather than have the landing be in the right of way. Mr. Row responded that it was not the intent to replace the stairs in the rear as they are still in good condition. Mr. Garbett recommended that Mr. Row increase the landing at the rear of the building as there is room and as Mr. Brown stated it would not hang into the City right of way. Jan Fox made a motion to deny. Paul Wolff seconded. Voting to deny were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting in favor was Wanda Doyle. Motion to deny carried 5-1. Special Review & Variance — 20 Taylor St. —and new construction requests; PIN 4- 0001-02-004; Zone R-1; Kyle Nikola. Ms. Otto explained at 20 Taylor Street is an old 20131212CityCouncilPacket Page 10 of 233 20131206/jrl battery and the owners are requesting to build a house on top of the battery. The previous structure has been demolished and what remains are the battery walls from the single family home. She stated that this request has several components: (1) special review regarding the removal of tress in the shore protection area and (2) the remainder are variances. The Planning Commission dealt with each request separately. a) Consideration of tree removal. Ms. Otto stated that the jurisdictional line for the Department of Natural Resources (DNR) runs along the battery wall that is ocean front and continues on when it turns to river front. She explained that before the petitioner can go before DNR to get permits, they will need a letter from the City of Tybee stating they have met all the zoning regulations. Ms. Otto stated that the City has an ordinance stating a property owner may not remove vegetation in the jurisdictional area of the Shore Protection Act. What is before mayor and council is a request under special review to remove trees that are located in the shore protection area. Planning Commission considered this special review and their motion was approve with a vote of 6-0. Mr. Wolff asked Ms. Otto the rational for removing the trees. Paul deLevis, Residential Designer, approached mayor and council to address the removal of the trees. Mr. deLevis stated that a variance was granted in January 2013 which was approved by DNR to add a 2-3" stone veneer to the existing fort structure for protection (weatherizing). He explained that the palms to the north are so close to the structure that the 2-3" masonry veneer cannot be properly executed. The trees to the southeast, three of those are dead and the remaining are debatable as to whether they are Tybee or shore protection area. Mr. deLevis stated these trees are either attached to or growing under the structure which does not permit the veneer to be properly executed. Mr. Wolff confirmed that this does not preclude from building on top of the bunker. Mr. deLevis confirmed. Kyle Nikola approached mayor and council to further explain the demolition. Ms. Otto explained the variance that was previously granted for the veneer will expire in January 2014 and the reason the request is in front of mayor and council so as not have the existing variance expire. Mr. deLevis explained that his client has put together a surveying team, professional civil engineer of record, residential designer of record and environmental consultant of record as his client is very sensitive to the environmental issues as well as the history of the structure. Mr. Nikola stated that he has worked with Ms. Otto for mitigation of the trees. Mr. deLevis stated his client is asking for this special request so they may proceed to present this to the DNR. Chris Sotus, property owner, approached mayor and council. He stated that his property is adjacent to this property and he has concerns with the trees on the southwest side as they have turned brown and die. He also stated his concerns with the demolition of the structure on the property which has had no supervision by staff. Thomas Mahoney approached mayor and council. Mr. Mahoney, representing the owners of the Sea Scape Condominiums Association, stated 20131212CityCouncilPacket Page 11 of 233 20131206/jrl that the ordinance is very clear, Sec 3-100, that special review is required for a tree removal request and his opposition is, that this will damage, remove or alter in such a way that the dunes and the vegetation will suffer. In regards, mayor and council may grant a variance only if certain findings are made. He feels the owner cannot demonstrate that they can satisfy or meet the criteria that are included in the Code as this is not a small lot that would allow a variance to be granted by mayor and council. Mr. Mahoney showed pictures of the battery through the years and how it has changed. He stated that he would request that mayor and council pay close attention to the grade as there has been an extensive amount of fill brought onto the property. Mr. Mahoney stated that the request for the variance cannot meet the standards set forth in the Code and would ask mayor and council to deny this request. Mr. Nikola approached mayor and council to rebut Mr. Mahoney's remarks regarding fill. Selina Solitario approached mayor and council to confirm the trees have been damaged on the property and this was done when the structure was demolished. Ms. Otto stated that when the demolition permit was issued to remove the former single family home, there was an understanding by the design team that a demolition permit meant you could remove trees. She explained that once staff was aware, it was clarified that demolition of a structure does not include tree removal as that is a separate tree removal permit process. Currently there is a significant penalty that has not been accessed. Mr. Wolff stated his concerns with the penalty and the tree removal permit as he feels all fines for removing trees has not been satisfied. Mr. Hughes stated that these penalties can be dealt with in several ways. If the petitioner does not pay the fine, there could be a citation which would involve a court appearance. Mr. deLevis approached mayor and council to clarify the location of the trees and demolition permit. He further stated that a full mitigation plan has been done and approved to include a full landscape package which has been approved by staff. Paul Wolff made a motion to deny. Motion died for lack of second. Bill Garbett made a motion to approve. Wanda Doyle seconded. Discussion: Mr. Garbett stated that there is now way the petitioner can build on the property without the removal of trees and this should not be a road block for this project. Voting in favor were Jan Fox, Wanda Doyle and Bill Garbett. Voting against were Paul Wolff and Barry Brown. Motion to approve carried 3-2. Tom Groover recused. Ms. Otto stated that this variance request has several components. One being the application of veneer and other requests are related to construction as listed below. She asked to address the issue of height and directed mayor and council to renderings of the proposed structure in their packets. Ms. Otto explained the process to provide the average grade for the property and the document used to calculate that average grade was prepared by Whitley Reynolds and dated April 18, 2007 which show the topographic shots that staff used to determine the average grade. Ms. Otto stated that when the 14' average grade was calculated, it was based 20131212CityCouncilPacket Page 12 of 233 20131206/jrl on perimeter shots of the proposed structure. Mr. Wolff asked for clarification of how the adjacent grade is shot at the property line and not the footprint of the structure. Ms. Otto read from the Code, Article 2, Height of Building, for clarification. Mr. Wolff confirmed. She further explained the average grade calculations which resulted in a 14' average grade and the proposed height of the proposed structure. Mr. Brown explained that the elevations as proposed are mean sea level elevations and not elevations of land. As a result, Ms. Otto explained, the petitioner has set the correct 14' average grade. Colin Chambers, Historic Preservation Advisor, City of Tybee Island, approached mayor and council. He asked Mr. Hughes at what point does the City look at the negative impact on the Fort Screven National Historic District and adjoining neighborhood in terms of mass scale intensity. He expressed his concerns with the historic preservation of the area as the proposed structure is not in character with the neighborhood. Mr. Hughes stated that the National Historic Register is completely different from any locally established historic district where the City would have control of issues of mass. He further explained that as of now the City does not as it is not within the local district where the local control would be. Mr. Chambers asked Mr. Hughes if the city council has the right to consider the adverse effects this structure would have on the National Historic District. Mr. Hughes responded it would depend on the type of variance sought. Mr. Chambers reiterated that this proposed structure will have an adverse effect on the District, the National Historic District Designation, and would ask mayor and council to deny this application. Mr. Wolff asked Mr. Chambers if applying the veneer is necessary or just cosmetic. Mr. Chambers responded that it is not necessary and inadvisable as when the moisture content currently trapped within the porous concrete battery gravitates toward the outside exterior, it will cause the veneer to separate. Ms. Otto stated that the Planning Commission heard this request and their vote on the variance portion was to approve, 5-1. Mr. Mahoney approached mayor and council to address the variances before major and council. He stated that each variance has to be supported by the standards in the Code and they are not as they encroach on the setbacks. Mr. Mahoney agreed with Mr. Chambers that there is no reason to grant the variance for the adding the veneer to the structure. He would respectively request that mayor and council consider the fact that the applicant has failed to satisfy the Standards and to deny the request for any of the variances before them tonight. Mr. Nikola approached mayor and council addressing the historical significance of the property. He purchased the property in 2009/2010 and received a letter from Mr. Jenkins stating there is no historical significance for the property. He stated there is a drainage plan to be put in place to assist with the condensation in the bunker wall. Mr. deLevis approached mayor and council to address Mr. Chambers' concerns as he had not considered the petitioner's resolution. He would disagree that the veneer would not just be cosmetic but would be a sealing of the walls and floors. He would respectively disagree with Mr. Chambers' comments. Mr. Chambers once again approached mayor and council to clarify the letter written stating the battery had no historic significance. He stated that the battery will not lose the historic significance but it did lose it's integrity some decades ago. The structural cracks in the battery are due to the firing of the guns during battle. Mr. Sotus approached mayor and council to discuss the variances before mayor and council as there is no hardship associated with this request. Mimi Pinner, 28 Taylor, 20131212CityCouncilPacket Page 13 of 233 20131206/jrl approached mayor and council to asked mayor and council to deny this request. Mr. Nikola approached mayor and council to rebut previous comments regarding the slab and the 10' setback. He asked Ms. Otto to again read from the Code in regards to the granting of a variance. He would ask mayor and council to grant the variance requests before them tonight. Nancy West approached mayor and council and confirmed that fill dirt was not brought in after the demolition but prior to the demolition. She would ask that mayor and council deny this request. Mike West approached mayor and council and asked that mayor and council deny this request. Mr. Nikola approached mayor and council to restate his proposal and would ask mayor and council to approve his variance request. Doug Cromwell approached mayor and council to express his concerns with the proposed structure as it is patterned after Hilton Head. Selina Solitario approached mayor and council to express her concerns with the trees, impact of the dunes and the variance requests. Mr. Garbett asked Ms. Otto to restate the variances that are before mayor and council. Ms. Otto read from the packet and explained each item (as listed below). Mr. Hughes recommended that each variance be handled separately. b) 2 — 3" Masonry veneer to existing bunker structure to avoid further deterioration of the exterior bunker structure and for long term weather protection. Paul Wolff made a motion to deny. Bill Garbett seconded. Voting to deny were Paul Wolff, Jan Fox, Wanda Doyle and Bill Garbett. Voting in favor was Barry Brown. Motion to deny carried 4-1. Tom Groover recused. c) Vertical building within 10'-0" Tybee B.S.L. to toe of dune. Barry Brown made a motion to deny. Paul Wolff seconded. Vote was unanimous 5-0. Tom Groover recused. d) 33 sq. ft. Triangular "Shadow Cantilever" on northwest side of bunker to square off proposed residence on top of bunker. Jan Fox made a motion to deny. Bill Garbett seconded. Vote was unanimous 5-0. Tom Groover recused. e) 2.31 sq. ft. proposed triangular bunker encroachment into northeast corner B.S.L. with the addition of 2" to 3" masonry veneer as request in Item A. Jan Fox made a motion to deny. Bill Garbett seconded. Vote was unanimous 5-0. Tom Groover recused. Text Amendment — 35-2013A - consideration of amendment to R-2 district permitted uses; Section 4-050(C) — District Use Regulations; R-2, One — and Two — family Residential District. Ms. Otto explained that this is first reading and if approved this evening, second reading would be on December 12, 2013. This request is to take the uses permitted from the R-1 district and move to the R-2 district as the current ordinance for the items permitted after special review is only the home occupation. Ms. Otto stated that there is an applicant awaiting the decision of this text amendment and will come before mayor and council if approved. The Planning Commission heard this item and the motion was to approve with a unanimous vote. Mayor Buelterman asked Ms. Otto is there were B&B's in the existing 20131212CityCouncilPacket Page 14 of 233 20131206/jrl zone currently? Ms. Otto responded yes. Paul Wolff made a motion to approve. Tom Groover seconded. Vote was unanimous 6-0. Consideration of Ordinances, Resolutions First Reading, 36-2013, Sec. 26-42, Fire Subscription. Ms. Fox questioned if the cost of the fire equipment was calculated into the amounts the resident pay for fire protection. Ms. Schleicher explained that she used the current fiscal budget, capital budget. Mr. Wolff confirmed that the rate is going to $100 per year and increasing that every year using the consumer price index. Mayor Buelterman confirmed. He asked for clarification for those who are not enrolling in the service. Mr. Hughes explained that is covered in 37-2013 which is next on the agenda. Paul Wolff made a motion to approve. Tom Groover seconded. Vote was unanimous 5-0. Barry Brown recused. First Reading, 37-2013, Sec. 26-41, Fire Subscription Rates. Mr. Hughes stated that the only change is the non-subscriber will receive the service but will be required to pay an hourly fee. Mr. Groover asked Mr. Hughes how this fee would be collected. Mr. Hughes responded that it would come from the insurance company and if there was no insurance, the City would bill the resident and pursue efforts to collect. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous 5-0. Barry Brown recused. First Reading, 38-2013, Sec. 66-104, Limitations on Idling Vehicles. Mr. Hughes explained the changes as outlined in the packet. There was a short discussion regarding the exemptions with the Water/Sewer Department, Tybee Island Police Department and other departments on the Island. Ms. Schleicher confirmed she had spoken with Chief Bryson and he agreed with the proposed ordinance. Paul Wolff made a motion to approve. Tom Groover seconded. Voting in favor were Paul Wolff, Tom Groover, Jan Fox and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Council, Officials and City Attorney Considerations and Comments Jason Buelterman stated that he would like Diane Schleicher, Wanda Doyle, Debra Barreiro and himself to meet with Mr. Wilson to come up with a plan to re-plant the median. Jason Buelterman, License Plate Reader (LPR). Mr. Brown would like more information prior to voting on this agenda item. Ms. Fox stated that this is an important thing to do given the City needs to be more proactive regarding Orange Crush. She would like a policy stating that all data is destroyed within 72 hours so the City is not maintaining personal data. Mr. Groover questioned if the reader is a privacy issue. Ms. Fox responded it is also a safety issue. Mr. Garbett stated there is no privacy issue involved as license plates are available for anyone to read. He further stated that Chief Bryson is willing to put restrictions in place as recommended by mayor and council. There was a discussion regarding how the reader will identify suspected felons, etc. Mr. Hughes stated that in his opinion there are privacy issues involved with the reader. He explained that he did contact Georgia Municipal Association 20131212CityCouncilPacket Page 15 of 233 20131206/jrl attorneys and has not received a response to date. If this information is obtained in the course of a criminal investigation it might cause problems with open records requests as well as retention schedules. Mayor Buelterman asked Ms. Schleicher if she has received information from Chief Bryson explaining the policy. Mr. Brown asked for a price comparison regarding a hand held versus a stationary unit. Ms. Doyle responded that there is difference in price and explained that the stationary unit includes a traffic counter. Mayor Buelterman stated this unit is advantageous in terms of the data collection as additional data will be available. Ms. Schleicher stated that she had a conversation with the vendor and explained the different uses which are public safety and data regarding the number of vehicles which visited the Island, to include the point of origin. Different reports will be available and can be customized to fit the needs of the City. The report could include the duration of the visit as well as the origin of the license tag. It would not include the name of the tag owner or the tag number. This report would be beneficial to the Tybee Island Tourism Council. Mayor Buelterman then asked Mr. Hughes if there would be privacy issues with the report as outlined by Ms. Schleicher. Mr. Hughes responded that he does not believe there is any legal prohibition to have only that information included in a report. Ms. Hudson approached mayor and council stating that the unit will be stationary and does read if the vehicle associated with the tag has current insurance. Mr. Wolff stated that his concern is that the information is managed correctly and would agree with Ms. Fox's recommendation that all information be restricted. He would recommend that the monies be taken from the technology fee line item through the Tybee Island Court rather than the general fund. Ms. Hudson stated that the technology fees are currently committed under the small equipment line item. Mayor Buelterman stated that it was his understanding that monies were available for this purchase. Ms. Hudson confirmed the monies to purchase this reader would be taken from the contingency fund line item as there is not sufficient funding in the police department budget. Mr. Wolff stated that he is not in favor of funding being taken out of the contingency fund line item. Ms. Doyle stated that this was discussed at the Public Safety Committee meetings and it was decided that this funding would be taken from the contingency fund line item as monies were not available in the technology fee line item. The Committee agreed to postpone this purchase until the next budget cycle. When Dr. Toma, Armstrong College, approached the Committee regarding the traffic counters not working properly as this information is important to the Tybee Island Tourism Council. Mr. Wolff asked Ms. Hudson if monies could be borrowed against generated funds. Ms. Hudson confirmed. Mayor Buelterman stated there are two issues at hand: (1) budgeting and (2) privacy issues. Ms. Fox stated that information needs to be disseminated to the public as it is more of a public safety issue than a privacy issue. Ms. Doyle responded that mayor and council need to stress the gathering of the information as it assists the entire Island financially. Mr. Garbett reaffirmed that a policy needs to be reviewed and approved by mayor and council prior to purchasing this equipment. Bill Garbett made a motion to approve the purchase of a license plate reader to collect data only until such time as mayor and council develop and establish a policy for collected data. Wanda Doyle seconded. Discussion: Ms. Fox asked Ms. Hudson if the purchasing policy was followed. Ms. Hudson replied that Chief Bryson did receive several quotes. Ms. Schleicher stated that Chief Bryson did receive three quotes for the 20131212CityCouncilPacket Page 16 of 233 20131206/jrl reader. Mr. Brown asked for confirmation of the use of the reader. Mayor Buelterman explained that the reader would be used for counting traffic only and at such time as the policy and procedures are established regarding data, it would be used for collection of information associated with the license plate holder. Mr. Wolff again asked Ms. Hudson for confirmation that monies could be used as a loan against the technology fee line item which has been running a surplus to purchase the reader. Ms. Fox suggested the monies be taken from the contingency line item and reclassify the purchases at a later date as the technology fund build. Keith Gay approached mayor and council stating that one benefit of the traffic counter would be that the City would have definitive identification of how much traffic is coming from the state of Georgia which would give you the lobbying power to respond to the state and federal governments as it relates to beach re-nourishment. This will re-affirm that Tybee Island is Georgia's Beach. Voting in favor were Paul Wolff, Tom Groover, Jan Fox, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion to approve carried 5-1. Wanda Doyle gave an update on the Public Safety Building explaining that the first sub- contractor bids for such items as site work, electrical, plumbing, etc., is due to Elkins Constructors on Friday, November 15, 2013. She further explained that there will be a walk- through for the demolition on Monday, November 18th and will commence on the following day. Ms. Doyle stated that the Guaranteed Maximum Price Draft to the Public Safety Committee on December 10th which begins at 1:00PM. December 19, 2013 at 4:00PM, the Public Safety Committee will approve the budget for the Public Safety Facility. Wanda Doyle explained the Department of Homeland Security, Port Security Grant Program, FY 2013. Ms. Doyle is requesting mayor and council to approve Mayor Buelterman signing a letter of intent to support this project only not committing the City to any financial commitment. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous 6-0. Paul Wolff gave a trip report on his recent workshop, Local Government Challenges in dealing with Rising Seas in Yulee, FL. He stated he learned the Corps of Engineers is now factoring sea level rise into all their long range plans as is the City. There was also good information on the community rating system and a good website for further information is www.CRSresources.org. Mr. Wolff recommended the following language be included in Tybee Island's Comprehensive Plan: "Development and re-development shall be permitted only when consistent with sound planning practices that shall protect life and property from the effects of coastal erosion, flooding, sea level rise or damage to environmental systems". This will incorporate the effects of climate change into our long range plans. Ms. Fox requested that Ms. Schleicher add this to the Short Term Work Plan. Paul Wolff discussed the GAWWG model Wind Turbine Ordinance — request sending to Planning Commission for their review. Mr. Wolff explained the proposed model ordinance and requested it be sent to the Planning Commission for their recommendation. 20131212CityCouncilPacket Page 17 of 233 20131206/jrl Paul Wolff made a motion to approve. Jan Fox seconded. Discussion: Mayor Buelterman recommended that prior to moving forward with a wind turbine, that all options to include location be thoroughly reviewed. Mr. Wolff confirmed. Voting in favor were Paul Wolff, Jan Fox, Wanda Doyle and Bill Garbett. Voting against were Tom Groover and Barry Brown. Motion to approve carried 4-2. Bubba Hughes, GA Power Easement, Rivers End Campground, ultimate title holder. Withdrawn. Bubba Hughes explained the draft policy, Minority Business Enterprise Policy, that is before mayor and council as it is a policy for implementing participation as required in connection with projects where federal funds are received. Ms. Hudson approached mayor and council approached mayor and council to further explain this draft policy. This policy would assist in networking to find small businesses that would be able to provide services. Ms. Fox asked if Ms. Hudson had shared the information with Ms. Morton, Better Hometown Coordinator. Ms. Hudson responded no she had not. Ms. Fox recommended that this is something that would be of interest to the Better Hometown. Ms. Hudson confirmed and will bring more information to mayor and council at a future meeting. No Action Taken. Diane Schleicher explained the proposed Policy for Overtime and Comp Time. Ms. Fox stated that she understood the police overtime would be put back to the regular "over 40 hours a week" which is not included in the proposal before mayor and council. Ms. Schleicher stated that "Section 11" would be stricken from the Policy. Mayor Buelterman asked Ms. Schleicher if staff have reviewed and provided their recommendations. Ms. Schleicher confirmed. Jan Fox made a motion to approve as amended, Section 11, be stricken from the Policy. Tom Groover seconded. Vote was unanimous 6-0 Paul Wolff made a motion to adjourn. Tom Groover seconded. Vote was unanimous 6-0. Meeting adjourned at 11:43PM 20131212CityCouncilPacket Page 18 of 233 20131206/jrl euTLER Avasas _ ....— \----- Iv , \ r 1 , v . %1 1 H*-IiiiiihotHilhih' t 1 Ai i TO Pill __ PI -- 0 l't : I . , 1 a..............signmi7a-I \____________ Illr1 lui s's- bz.."6. 1 Ai 1 \ An : e e ti 1 1] ; ! 0 I. I :-. • q ' tf I jun 141 , i ! 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I ,._, I - 1 I 1 1 ,._ 20131212CityCouncilPacket Page 20 of 233 20131206/0— i .._ Chatham County Board of Assessors: 2013 Property Record Card 4-0006-05-006 Page 1 of 2 2013 Chatham County Board of Assessors 4-0006-05-006 Property Record Card 7 9TH TER TYBEE ISLAND APPRAISER avmarcan !LOT 15 SUB OF BEACH LOT 56 WARD 3 TYBEE ISLAND DUBUC VANESSA WYNN&VIVIAN J'CAMA ASMT LAST INSP 06/06/2007 I TYBEE 7 9TH TER 1 142,800 142,800 LAND 1 E ISLAND GA 31328 APPR ZONE 000008 r 1502,700 502,700 BLDG 1 8,300 8,300 OBXF 2 1 653,800 653,800 Cost-MS BOOK/ INS VI QU RSN PRICE CODES PAGE V !PROPERTY 0006 RESIDENTIAL 12 Jun 2012 378K 297 QC I U UQ 1 :USE GRANTOR:DUBUC VIVIAN J BRIAN M&VANES*M Y I UTA 0004 Tybee Island GRANTEE:DUBUC VANESSA WYNN&VIVIAN J NBHD 020213.00 T213 TYBEE BTL IMIIIII I�li'II{it. _ __ i s i BEACH �-:_ 04 Apr 2003 249W 595 WD I U UR E f i , Ii GRANTOR:DUBUC VIVIANE J ETAL j ` // --�-- ,n I1Iiti I EXEMPTIONS Si L9 L1 SC L8 GRANTEE.'DUBUC VIVIANEJ ETAL j t y'-,� i., *-�-n 01 May 1991 I U U6 40,000 a4 ' ? 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Bubba Hughes, City Attorney and Tommy Branch, Callaway, Braun, Riddle and Hughes, PC were not present. Mayor Buelterman explained the purpose of the meeting as new information and feedback has been received regarding the previous vote taken at the November 14, 2013 city council meeting. At that time mayor and council voted to authorize the city manager to move forward to purchase a fixed license plate reader with the understanding it would only be used for the purposes of gathering information for a tourism impact study. Further, no authorization was given to use it for law enforcement purposes until a policy could be written and brought back before mayor and council for approval. Mayor Buelterman stated that the information received outlined that data received could not reasonably be used to track tourism. As a result, the Public Safety Committee met to discuss the options. Ms. Doyle stated the license plate reader was found not to be able to track tourism which was the main intent. The Public Safety Committee recommended that mayor and council rescind the previous vote. They also recommended that mayor and council approve the purchase of a more expensive counter as it is the counting of the vehicles coming on the Island that is the more pertinent information needed. Ms. Doyle explained that the recommended counter is enclosed and would be embedded in the highway. She would ask mayor and council to rescind the previous vote and have a discussion to allow the city manager to proceed with the permitting from Department of Transportation in order to move forward to a more improved traffic counter. Mr. Garbett clarified that the new traffic counter is more expensive than the system in place, not more expensive than the license plate reader. Ms. Doyle confirmed. Mr. Brown asked Ms. Schleicher where the funding would come from. Ms. Schleicher stated that mayor and council had previously approved that funding would come from the fund balance. Ms. Fox stated that mayor and council approved the funding would come from the technology fee. Ms. Schleicher confirmed. Mr. Brown suggested that information could be gathered from the short term rental companies on the Island. Ms. Doyle stated that the day trippers are an important piece of the puzzle and need to be included in the traffic count. I. License Plate Readers. Wanda Doyle made a motion to rescind the vote made by mayor and council on November 14, 2013 to purchase License Plate Readers. Paul Wolff seconded. Vote was unanimous. II. Wanda Doyle made a motion (1) to allow the city manager to proceed to work with the Department of Transportation regarding the permitting process for an embedded traffic counter; (2) to issue an RPF and get three quotes for a more durable traffic counter than what is currently being used; and (3) to check on the financing. Paul Wolff seconded the motion. Discussion: Mr. Groover confirmed that this is not an authorization to purchase anything just to research and get quotes. Mayor Buelterman confirmed. Vote was unanimous. Paul Wolff made a motion to adjourn. Tom Groover seconded. Vote was unanimous. Meeting adjourned at 3:40PM 20131212CityCouncilPacket Page 24 of 233 20131206/jrl CITY OF TYBEE ISLAND P.O. Box 2749 • 403 Butler Ave. Tybee Island, GA 31328 Phone (912) 786-4573 Fax(912) 786-5737 www.cityoftybee.org AUDIT COMMITTEE MEMBER APPLICATION Thank you for your interest in becoming a member of the audit committee. Please provide the Mayor and City Council the following information for their consideration. Why do you want to be a member of the Audit Committee? _L c N/-z b0?,t.-- the 'CL A�.'ty® C ft,A7 -cot ' c„: What qualifications or experiences do you have that would be helpful to the Committee? k.t,v e k 3 o -t ye .- Cettleete. T the, eio (e o Gz oc� See re. ‘,..t,v' ekt d .c-cte.d .I Are you a resident of the City of Tybee Island? k yes no Signature (C t&,'CC Date Printed Name G oeat.*•%. K. fitkou-f tite„vi Street Address 12.i. 6.1 les tVc,0 Phone Number 1 Z - (poi{ - ® Email got'dvn.w4.4tVke!w ® 6o)c. ( P87 Sec.2-264. Audit committee. P (a) Pursuant to section 3.11 of the city Charter there is created an audit committee. (b) The audit committee shall have the purpose of enhancing the financial statement auditor's real and perceived independence and to provide a direct link between the auditor and governing body and to facilitate communication between the governing body, the auditors and management.Further, the audit committee should play an advisory role to the governing body;however, it should not interfere with performance of the auditor's duties. (c) The audit committee shall consist of no less than five nor more than seven members appointed by the mayor and council,such appointees being selected on the basis of their knowledge and interest in the financial planning and accounting principles. (d) The audit committee shall: (1)Oversee the independent audit of the city's financial statements from making recommendations on the selection of independent auditors to the resolution offindings or issues; (2)Review the reports of any internal auditors(as opposed to independent)as well as any internal audit work plans; (3)Annually present a report to the mayor and council and city manager of its activities and its recommendations and/or findings; (4)Serve as a consultant body on city financial issues as requested by city council; (5)Perform other duties related to the above functions as may be directed by the mayor and council or the city manager. (e) The audit committee shall elect one of its members as chair and one member as vice-chair and may elect as its secretary one of its own members. (I) To the extent the audit committee deems it appropriate, it may adopt bylaws, rules and regulations not inconsistent with any provisions of the city Charter, ordinances or other law. Copies of any such rules, bylaws, etc., shall be filed with the clerk of council. (g)Meetings of the audit committee shall be scheduled as directed by the chair or the membership and all meetings shall comply with the Georgia Open Meetings Act. l03 20131212CityCouncilPacket Page 25 of 233 20131206/0 Resume Gordon Kennedy Matthews CEO of Savannah Bee Company 2012-Current He is the Chief Executive Officer of Savannah Bee which markets and distributes bee-based products throughout the US and operates four retail stores. Organizational Consultant since 2000- 2011 He provides consulting services to CEOs and their leadership teams. Clients are in closely-held manufacturers, distribution, retail and other businesses. He works in the areas of corporate effectiveness & strategy, financial management, and performance improvement using a broad range of tools. Representative clients: Intermarine(yachts), Critz Mercedes/BMW, AME(precision rubber mfg.), Denman&Davis (metal distribution), TICO(port related trucking in the Southeast) CFO and Director of Chatham Steel Corporation, Savannah, GA 1977 - 1999 Chatham Steel was a closely held $160 million distributor of carbon steel products with operations in five southeastern states; it had approximately 300 employees. As CFO he had direct responsibility for Finance,Accounting, Information Systems, Human Resources and Credit; in addition he planned and coordinated Chatham's Continuous Improvement initiative. In addition to being a close advisor to the President and member of the Board, a key part of his role was to build the necessary support functions that enabled the company to quadruple in size while he was with the company. He directed the purchase and integration of several new businesses and the disposition of several business units. During 1998 he lead the effort to market the company with a very favorable sale to Reliance Steel & Aluminum (7/1/98) and he stayed through early 1999 to complete all tax and financial reporting of the transaction. CPA and Manager in Consulting at what is now Accenture (previously Arthur Andersen & Co. and then Andersen Consulting), Atlanta GA 1969-1977 He specialized in designing and successfully installing information systems for closely held manufacturing,transportation and distribution companies. He was responsible for successful design and implementation of operating, accounting and management information systems. He arranged and managed client engagements throughout the Southeast that provided important management information used to run the businesses. Other He received a direct commission (without OCS or ROTC) and served as a Lieutenant in the U.S. Army (Adjutant General Corps) with a top secret security clearance 1968-69 at a major computer systems center located at Edgewood Arsenal near Baltimore, Md. Education MBA - University of Texas at Austin 1968 BSBA - University of Arkansas at Fayetteville 1965 (major in Accounting) Certification: CPA, APICS (manufacturing): CFPIM Awards Citation for Meritorious Service from the Trustees of The Rotary Foundation 2009 Leadership Savannah's Adler-Hillyer Award 2004 Savannah Rotarian of the Year 2000 Previous Community Involvement Rotary International—6920 District Governor(2011-2012) Board of Directors—Medical Equipment Transport Service Inc. 20131212CityCoung90 on.matthews @e a 3mtet 912-604-1200 20131206/jrl Resume Gordon Kennedy Matthews Board of Directors&Treasurer—Savannah-Chatham Citizen Advocacy Inc. Board of Directors-Savannah Development&Renewal Authority(Broughton Street) 1992-2009 Treasurer,Board of Directors—Savannah Music Festival(5 yrs ending 2007) President—Friends of Tybee Post Theater 2010 President-Leadership Savannah Sept. 1998-May 2000 President-Historic Savannah Foundation 1987-88 President—Rotary Club of Savannah East 2001-02 Vice Chairman-Savannah Development&Renewal Authority 1993-2002 Treasurer&Board Member-Ossabaw Island Foundation 1998-2004 Treasurer&Board Member-Union Mission(for the homeless) 1992-2003 Treasurer&Board Member—The Georgia Conservancy 1972-1990 Treasurer,Savannah Science Museum 1982-1984 Team Leader-Group Study Exchange to Bolivia for Rotary International 1999 Team Leader-Group Study Exchange to Poland&Ukraine for Rotary International 2001 Chair,Endowment Committee,Greenbriar Children's Home District 6920 Chairman for Rotary Group Study Exchange 2000-08 Graduate-Leadership Savannah 1980 Graduate-Leadership Georgia 1986 Board Member(in addition to above listed organizations): Advisory Board-Savannah Economic Development Authority Board-Savannah Business Group on Health Care 1982-98 Board and Chair of Allocation-United Way of the Coastal Empire 1986-87 Committee Chair-Steel Service Center Institute-Management Information-Mkt.Research Presentation Experience Speaker at IBM National Executive Distribution Conference-business strategy Speaker Inst.of Scrap Recycling Ind.-financial reporting,business planning Trainer-Chatham Steel supervisor development,front-line employee training on TQM Speaker-Tennessee Associates Annual Conf. -Training using Integrative Learning Facilitator for Open Space Technology-SSCI-CFO Conference Facilitator for the Board of the Savannah Development&Renewal Authority Facilitator for the Board of the Savannah Association for the Blind Continuing Education & Development Farr Associates-Behavioral Consultants-Leadership Development Tennessee Associates-TQM Implementation Methods A.Andersen-Systems Development,Project Management Learning International-Professional Selling Skills ASQC-Statistical Process Control in Service Industries Balridge Presentations from-IBM,Milliken,Xerox, Wallace Innovative Thinking Conferences(John Kotter,Peter Senge,Edward DeBono) 2009 20131212CityCouncilaRg on'matthews©-f agc ) 2 net 912-6O4-1200 20131206/jrl 4,10 OR Tye United States Department of the Interior /„ Department NATIONALLP NATIONAL PARK SERVICE SERVICE ut - o Fort Pulaski National Monument ��� ,1' P.O.Box 30757 -)161114, f Savannah,Georgia 31419 \ a9 /4CH 3 1% In Reply Refer To: A24(FOPU) Ms. Janet LeViner Clerk of Council City of Tybee Island 403 Butler Ave. Tybee Island, Georgia 31328 Dear Ms. LeViner. Please consider this application of interest in serving on the Tybee Island Main Street Board of Directors as the ex-officio member from the Tybee Island Tourism Council. I was nominated by the Tourism Council at their last board meeting and received their support for my service. As I am currently the Superintendent of Fort Pulaski National Monument, and a representative of the National Park Service, I feel I can positively contribute to the council's goal of developing a sense of place, historic preservation and the arts. If you have any questions, please contact me at melissa memory@nps.gov or 912-786-5787. Sincerely, 1/ i,4, 1 Melissa Memory 20131212CityCouncilPacket Page 28 of 233 20131206/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: December 12, 2013 Item: Presentation by Jim Lewis, WastePro regarding route changes for solid waste, recycling and yard waste collection. Budget Line Item Number(if applicable): Paper Work: _X_Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 12.3.13 20131212CityCouncilPacket Page 29 of 233 20131206/jrl Tybee Island Solid Waste r -,\ _---- 1110 ----) z--- . _ /. 4 * i 40- 4 tip_ �� 4., ___, ‘(...., .t.f., , ....,„ .,( , i--, .„ Wed/Sat 44 1,,,,',, VIA MVO / lip-4wft, Mon/Thur \/ N W � � ;E I / Recycling and Yard waste Services are performed on the first Service Day of the Week (WASTE PRO, 20131212CityCouncilPacket 20131206/r 12/03/2013 Waste Pro - Tybee Recycles x, k E t Fed*w„ .. WASTE,PRO � 20131212CityCouncilPacket Page 31 of 233 20131206/0 1 12/03/2013 Tybee Island Solid Waste awe 41- Fiat I/ .r ♦Ill 1 1 _."101i1 wow �j�� • /p Period Over Period Comparison Tybee Recycle Tonnages 2012/2013 90.00 80.00 70.00 60.00 50.00 •2012 40.00 •2013 30.00 • • • • • • 20.00 ■ • • • • ■ • • 10.00 0.00 Jan Feb Mar Arp May Jun Jut Aug Sept Oct 2 20131212CityCouncilPacket Page 32 of 233 20131206/jrl 12/03/2013 Period Over Period Comparison Tonnage Janaury to October 2012 vs.2013 600 500 ■ 400 Cir 300 200 100 0 Total 2012 Total 2013 Period Over Period Comparison Tybee Recyth Tonnages 2011-2012-2013 100 8o 60 •2011 40 •2012 It 2013 20 Jan Feb Mar Arp May Jun Jul Aug Sept Oct 3 20131212CityCouncilPacket Page 33 of 233 20131206/jrl 12/03/2013 Period Over Period Comparison Tybee Recycle Tonnages 2011 -2012-2013 90 ao 70 60 5o ■2011 tiii441441[1 40 ■2oiz •2013 30 zo 10 0 Jan Feb Mar Arp May Jun Jul Aug Sept Oct Nov Period Over Period Comparison Recycle Tonnage 2011-2012-2013 600 50o 477.24 400 325.95 248.62 300 200 100 0 Total 2011 Total 2012 Total 2013 4 20131212CityCouncilPacket Page 34 of 233 20131206/jrl 12/03/2013 Period Over Period Comparison Recycle Tonnage 2011-2012-2013 600 4 500 477 400 326 279 300 200 100 0 Total 2011 Total 2012 Total 2013 Tybee Island Solid Waste 1.44. , - WednesdN S,..rdzr '* • r.154.fs, Vnos, 77'r Seondsyfremsdry Tree*Island Georgia Residential Said'haste Mitt PIO 5 20131212CityCouncilPacket Page 35 of 233 20131206/0 12/03/2013 Period Over Period Comparison Garbage Tonnage 2011-2012-2013 2300 2251 2250 2200 2165 2150 2112 2100 2050 2000 Total 2011 Total 2012 Total 2013 The Results: * Since 2011 the amount of Recycled tonnage has increased: 92% * Over the same period garbage tonnage has only increased: 6% 6 20131212CityCouncilPacket Page 36 of 233 201312001 12/03/2013 Period Over Period Comparison Garbage Tonnage with no recycling 2011-2012-2013 3000 2500 200 0 1500 w/Recycle 1000 . no Recycle 500 0 Total 2011 Total 2012 Total 2013 Synchronized Services Monday/Thursday Residents: Garbage/Recycle/Yard Waste all picked up on Mondays Tuesday/Friday Residents: Garbage/Recycle/Yard Waste all picked up on Tuesdays Wednesday/Saturday Residents will see no changes as they already enjoy the convenience of synchronized service! WASTE PRO, 7 20131212CityCouncilPacket Page 37 of 233 20131206/jrl 12/03/2013 Tybee Island Solid Waste e::1/i) f Wisp Rrri rirnp and lard neu:Sm rrt'are performed on IBr ptu Strict Dm of Mr flirt Synchronized Services will start on January 6, 2014 WASTE PRO 8 Caring For 0ur Communities J 20131212CityCouncilPacket Page 38 of 233 20131206/jrl MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern 44, Janet LeViner Barry Brown I Jan Fox 1 CITY ATTORNEY Bill Garbett Edward M. Hughes Tom Groover r &�,�. 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: December 12, 2013 Item: Considerations—Dianne Otto Explanation: Consideration of proposed amendments to the South End Policies and Procedures a. page 4—update Better Hometown to Main Street b. page 5 —modify Overhead Structures Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* Ai 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: December 5, 2013 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of } 3e3 11 Ethics yy 20131212CityCouncilPacket www. gye°3�Jtj org C / --x f` FOR OFFICE USE ONLY 4110 ��.� CITY OF TYBEE ISLAND 4t- ' : Date Received SIDEWALK CAFE OR MERCHANDISE DISPLAY New arRenewal License Number PERMIT APPLICATION Business name Street address Mailing address Name of business owner: Email Phone numbers of owner: Business Home Mobile Name of applicant if other than owner: Email Phone numbers of applicant: Business Home Mobile Relationship of applicant to owner(same,employee,agent,etc.) Mailing address of applicant Application is for: ❑ Sidewalk Cafe ❑ Merchandise Display 1. The length and width in feet of the public right-of-way to be used: 2. The number of tables and chairs to be provided at the Sidewalk Café: 3. Hours of operation of the Sidewalk Cafe or Merchandise Display: Sunday: until Monday: until Tuesday: until Wednesday: until Thursday: until Friday: until Saturday: until Sidewalk elements of cafés and merchandise displays must be secured daily when normal business operations cease. The applicant shall not replace the approved items or change the layout without written authorization from the Planning and Zoning Manager. DOCUMENTS REQUIRED WITH APPLICATION O Affidavit(must be notarized;see page 2) O Indemnification Agreement(must be notarized;see page 3) 1 Certificate(s)of Insurance listing the City of Tybee Island as an additional insured(see page 4) O A Site Plan to scale with measurements of the proposed sidewalk area and all items to be placed on or within it(see page 4) 0 Photograph(s)of the sidewalk area(optional) Applicant's signature Date Printed name ROUTING APPROVE OR DENY BY DATE FEE Sidewalk Use Fee sum City Marshal An application may require 30 days or more to process. Planning&Zoning Manager DIRECT AN APPEAL OF PERMIT DENIAL TO THE CITY MANAGER. 403 Butler Avenue,P.O.Box 2749,Tybee Island,Georgia 31328-2749 (912)786-4573,ext.5031 or 5071 FAX(912)786-9539 www.cityoftybee.org 1111212013 Pagel of 6 20131212CityCouncilPacket Page 40 of 233 20131206/y1 AFFIDAVIT I, ,acting in the capacity of name owner,agent,employee,etc on behalf of the establishment known as located at business name Tybee Island,Georgia,attest to the following: sweet address o I have reviewed this application and all entries are correct and accurate to the best of my knowledge. o There are no omissions of fact. o There are no items located on the sidewalk where the Sidewalk Café or Merchandise Display is proposed that would prohibit the Planning and Zoning Manager from issuing a Sidewalk Café or Merchandise Display Permit. o No violation(s)of Georgia Law, Federal Law, Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner, or any Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this business within the last 12 months preceding the date of the application,or, o The following violation(s) of Georgia Law, Federal Law, Local Ordinance, or Rule or Regulation of the State Revenue Commissioner, or Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this business within the 12 months preceding the date of the application: o I have read the South End Policies and Procedures and will abide by said South End Policies and Procedures at all times during the term of the Sidewalk Café or Merchandise Display Permit. Notarized Signature: Date: Printed Name: STATE OF GEORGIA COUNTY OF CHATHAM The foregoing instrument was acknowledged before me this day of ,20 ,by who is personally known to me or who has produced identification. Signature of Notary Public My Commission expires: 1111212013 Page 2 of 6 20131212CityCouncilPacket Page 41 of 233 20131206/jrl INDEMNIFICATION AGREEMENT (RELEASE AND HOLD HARMLESS AGREEMENT) This Indemnification,Release and Hold Harmless Agreement is made this day of ,20 ,by ("APPLICANT")for the benefit of the City Tybee Island, Georgia("CITY"). When referred to herein, the CITY means the Planning and Zoning Manager, the municipality, its City Council, and each member thereof, and its officers,employees,advisory board members and representatives. WHEREAS, the APPLICANT is the owner or lessee of the property located at ,Tybee Island, Georgia;and, WHEREAS, the APPLICANT has applied for a Sidewalk Café or Merchandise Display Permit for the temporary use of the sidewalk area abutting the property described above pursuant to City Codes, ordinances, and policies and is required thereby to indemnify, defend and hold and save the CITY harmless for its use of the public right-of-way(hereinafter collectively the"PROPERTY");and, WHEREAS,the APPLICANT is authorized to and has obtained all necessary approvals for this Agreement, NOW,THEREFORE,in consideration of the CITY allowing the APPLICANT to use the public right-of-way for its Sidewalk Café or Merchandise Display the APPLICANT agrees as follows: 1. The above recitals are true,and correct and are incorporated herein by reference, 2. The APPLICANT agrees to indemnify and hold and save the CITY harmless from any and all damages,loss or liability occurring by reason of any injury of any person or property which may occur as a result or consequence of the issuance of the Sidewalk Cafe or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT or their family, officers, agents, representative,guests,employees,invitees,or persons contracting with either or any of them or occasioned by an act or omission, neglect, or wrongdoing of the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them. APPLICANT will, at their own cost and expense, defend and protect the CITY against any and all such suits, claims or demands which may be claimed to have arisen as a result or consequence of or in connection with the issuance of the Sidewalk Cafe or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them or occasioned by an act or omission, neglect, or wrongdoing of the APPLICANT or their family, officers, agents, representative,guests, employees,invitees,or persons contracting with either or any of them. Notwithstanding the foregoing, this should not be construed so as to require the applicant or anyone else to indemnify the CITY for claims arising from the sole negligence of the CITY,its agents,employees,or officers. 3. The APPLICANT does hereby remise,release,satisfy, quit claim,and forever discharge the CITY from any and all actions,suits, claims or demands that they ever had, now has, or may have in the future against the CITY as a result of the granting of the Sidewalk Cafe/Merchandise Display Permit or because of the use of the PROPERTY by the APPLICANT or their family, officers,agents,representatives,guests,employees,invitees, or persons contracting with either or any of them. 4. The APPLICANT will maintain liability or other insurance as required by City codes,ordinances,and policies which shall name the CITY as an additional insured and for which the CITY will be given a current certificate. Said liability or other insurance shall provide coverage for any suit or claim arising from the issuance of the Sidewalk Cafe or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT. 5. The terms of this Indemnification Agreement shall be binding upon and inure to the benefit of the parties and their heirs, legal representatives,successors and assigns. Notarized signature: Printed name: Date: STATE OF GEORGIA COUNTY OF CHATHAM The foregoing instrument was acknowledged before me this day of ,20 ,by who is personally known to me or who has produced identification. Signature of Notary Public My Commission expires: Page 3 of 6 1111212013 20131212CityCouncilPacket Page 42 of 233 20131206/jr1 4;11: > v SOUTH END POLICIES AND PROCEDURES Dear Business Owner, The intent of the South End Policies and Procedures is to provide standards for sidewalks in order to enhance the quality and safety of the pedestrian experience within the South End Overlay Zone/C-1 Beach Business District while simultaneously helping to support the growth and vitality of local businesses. These goals are consistent with the vision for The Strand Downtown Historic District as outlined in the Tybee Island Comprehensive Plan,Section 1.2.11. These standards provide guidelines to ensure a smooth process for approval to display merchandise or provide an outdoor café on public property. These Policies and Procedures are administered through the Planning and Zoning Department which is available to guide the permit application process.The Tybee Island Main Street Program Coordinator is also available to answer your questions. Sincerely, Planning and Zoning Manager Better Hometown Main Street Program Coordinator phone(912)472-5031 phone(912)472-5071 I. PURPOSE The South End Policies and Procedures are consistent with the City of Tybee Island's objectives of developing attractive pedestrian walkways and satisfying the desire of local businesses to use public space for outdoor dining or merchandise display. Permits are issued at no cost and expire December 3151 of each year. It shall be unlawful for any person to place items on a right-of-way without a valid permit. These standards are subject to change at any time and without prior notice. These Policies and Procedures supersede all prior approvals for use a public right-of-way. 11. CERTIFICATE OF INSURANCE A. Each business shall furnish a Certificate of Insurance evidencing commercial general liability insurance with limits of not less than $600,000 per occurrence, $1,000,000 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30-days written notice to be given to the City of Tybee Island if coverage is substantially changed,canceled or not renewed. B. The City of Tybee Island shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk cafe or a merchandise display; and the business shall indemnify, defend and hold the City harmless from any loss that results directly or indirectly from the permit issuance or the operation of the sidewalk café or merchandise display. C. In addition, if alcoholic beverages will be served at a sidewalk café, the applicant shall provide proof of liquor liability insurance for the sidewalk café with limits of not less than$1,000,000 in such type as shall be acceptable to the City. D. The business shall maintain the insurance coverage required under this section during the permit period. Failure of the business to maintain the insurance required by this section shall result in the immediate revocation of the sidewalk permit. III. APPLICATION FOR TEMPORARY USE OF THE PUBLIC SIDEWALK A business seeking to use a sidewalk shall provide annually an Application, Affidavit, Indemnification Agreement, Certificate(s) of Insurance, and a Site Plan. The applicant as listed on the application will thereafter he the city's contact concerning the temporary use. Sidewalk permits are not transferable in the event of a change in ownership or management.The Site Plan shall be to scale with measurements of the sidewalk area to be used and shall include all items to be placed on or within the sidewalk area, The sidewalk use must not interfere with the use of the right-of-way by adjoining property owners/tenants. In the event an application is not approved,a business is encouraged to work with staff to revise the application and/or provide the required documents to arrive at a submittal that complies with the Policies and Procedures and all applicable codes. A. Space and Sidewalk Elements 1. Sidewalk cafés and merchandise displays are intended for sidewalks with a width of 10-feet or more from the property line to the curb, however, use of a narrower sidewalk may be considered. The sidewalk area shall be considered an extension of the business and must be located directly in front of the business. Permission of an adjacent property owner will not be allowed as an exception to this requirement. Fage4of6 1111212013 20131212CityCouncilPacket Page 43 of 233 20131206/jr1 2. The area to be used may extend from the building toward the curb. A minimum clear pedestrian path of 4-feet is required at all times. In areas of high pedestrian traffic or in conditions that necessitate additional clearance. a path greater than 4-feet may be required. The path shall be free of trees, parking meters, utility poles signage, or other obstructions. All activities by patrons and employees(i.e. serving, sitting,dining, shopping.etc.)shall not encroach into the required 4•foot pedestrian path at any time. 3. Where a sidewalk cafe or merchandise display is located al a street intersection alley. or driveway. the vision clearance requirements of Section 3.050 shall apply. 4. Compliance with ADA provisions as outlined in O.C.O.A.Title 30 Accessibility Code is required at all times. 5. Tables,chairs,benches,café baniades.umbrellas awnings,display racks signage,and any other object of a sidewalk area shall be of quality materials and workmanship to ensure the safety of users.Objects may not impinge on entrances or exits, loading zones, city benches, city trash cans, etc. The appropriate density of items will be affected by the specific conditions of the location. Items should be kept to a minimum so as not to cause crowding or a nuisance. Items shall be placed only as shown on the approved site plan. O. Outdoor heaters may be utilized when in compliance with the guidelines of the Amendments to the International Fire Code,as adapted for the State of Georgia The location of an outdoor heater must be shown on the site plan. 7. A sidewalk clement shall not be permanently attached to the sidewalL S. The business shall be responsible for the restoration of the sidewalk if any damage occurs 9. Sidewalk elements shall be slacked/Set aside immediately upon ceasing daily operation and must be secured in such a manner as to prevent their use.Businesses are strongly encouraged to store sidewalk elements indoors. 10. Only establishments with an Occupational Tax License Code of Restaurant may operate a sidewalk aft. II. The Planning and Zoning Manager may place additional conditions upon the issuance of a permit in order to ensure the protection of the public walkways and the rights of adjoining property owners and the health. safety and general welfare of the public. 12. Use of the right-of-way may be temporarily suspended, without prior notice or hearing at the discretion of the city when there is reasonable cause that the use may interfere with public safety,special events, street improvement or construction activities cleaning,or other activities affecting the health,welfare or safety of Ike public. 13. A permit is non-permanent in nature and the applicant shall have neither property interest in, nor any entitlement to. the granting or continuation of any such permit. U. Lighting may be utilized U approved by the Planning and Zoning Manager. Lighting shall complement the building and sidewalk area and shall not cause a glare to passing pedestrians or vehicles.All lighting must be turtle-friendly as required by the Land Development Code.An electrical permit is required for the installation of lighting. R. iysgrhad Sbucojs 1. Umbrellas row•mugs-or-awahpies-eitlwr-Pasnnerx-oriamponaryt may be utilized if approved by the Planning and Zoning Manager. They shall not interfere with trees.They shall have no support posts attached to the right-of-way. The bottom of an open umbrella shall be a minimum of 7-feet above the sidewalk 2. The bottom of an open awning or canopy shall be a minimum of 10-fcet above the sidewalk.An awning or canopy not exceeding 24-inches 48-inches from the wall of the structure may be utilised if approved by the Planning and Zoning Manager. requires-approvelof-the-Mayusr'GitpCounuih An executed Revocable License is required from the property owner for each awning or canopy.A building permit is then required for installation. An awning or canopy shall have a rigid framework capable of withstanding 130 mile per hour 3-second wind gusts with a non-combustible covering that meets fire propagation performance of NFPA 701 or has a flame spread index not greater than 25 when tested in accordance with ASTM E84. 3. An awning or canopy exceeding 4S•inchcs from the wall of the structure shall require public notice (Section 5.050) and consideration at a Public Rearing at any regular meeting of the Mayor and City Council.The fee for such hearing shall be 5100. If the awning or canopy is approved the applicant shall obtain a permit prior to any work. An executed Revocable License is required from the property owner for each awning or canopy. C. Sid w=1k Sie -e Permissible signage includes one sandwich board per business not to exceed 3-feet by 5-fcct on the sidewalk immediately in front of the business.See Section 4050(0).The sign may be displayed during business hours only.The sign must also be removed during inclement weather and any time the city requests removal.The sign shall be located as close as possible to either the curb or the building so it does not block the required 4-foot minimum pedestrian path. Signage must not be attached to a utility post or a tree.No benches or café barricades with advertising are allowed.Signage must be included on the site plan depicting all other sidewalk objects. Cafes are encouraged to post"For Customer Use Only"notices at seating areas if that is the policy of the business. D. Vending Machines '""/ Pec<S vf6 2013t212CityCoundPad ei Pago 44 of 233 20137 r�l11l10IJ There shall be one vending machine allowed where a business has at least 90-feet of building frontage and is located on a sidewalk that is at least 10-feet wide.A vending machine shall be complementary to the surrounding streetscape. A request for a vending machine must be included on the site plan depicting all other sidewalk elements. IV. USE AND OPERATION A. Sale transactions shall not occur on sidewalks.All sales must occur in the building of the business. B. Outside cooking is prohibited. C. Alcoholic beverages may not be stored or mixed within the sidewalk area. Equipment necessary for the dispensing of any other item shall be shown as a sidewalk element on the proposed site plan. D. Permit holders are prohibited from providing amplified music, whether live or recorded. No speakers, microphones, televisions,or other audio or video devices shall be allowed.Special consideration on a case by case basis may be given for special events or holidays. E. The business must provide supervision of the sidewalk area to ensure the proper conduct of patrons and that the area is in compliance with these Policies and Procedures at all times. F. The areas within and surrounding a sidewalk café or merchandise display shall be kept clean and sanitary.The area shall be policed routinely to ensure immediate removal of all litter,food,etc. Daily cleaning is required in order to be welcoming to pedestrians. The permit holder shall not wash garbage cans or any other container, or other property of any nature, on the sidewalk.All cleaning must be performed in accordance with federal,state and local regulations. V. ENFORCEMENT The Planning and Zoning Manager and/or the City Marshal will investigate any complaint and will intermittently inspect sidewalk cafes and merchandise displays after permits have been issued. Any violation of the Policies and Procedures, or any deviation from the approved site plan or any willful omission on the application will result in revocation of the permit and/or a citation being issued.Each day a violation continues shall be deemed a separate and distinct offense. A fine shall be in addition to any expenses incurred for restoration or repair of the right-of-way,which shall be the responsibility of the applicant. The issuance of a sidewalk cafe/merchandise display permit is a revocable license granted by the City of Tybee Island. VI. APPEAL A. Any person aggrieved by any action of the Planning and Zoning Manager under this policy may appeal the decision to the City Manager by setting forth the facts and circumstances regarding the appealed action.The City Manager shall notify the applicant,in writing,of the time and place set forth for a hearing on the appeal request.The right to appeal the action of the Planning and Zoning Manager shall terminate upon the expiration of 15 business days following the date written notification was provided by the Planning and Zoning Manager. C. The hearing on the appeal request shall be held within 20 business days of the City Manager's receipt of the appeal request. D. The hearing shall be presided over by the City Manager.A decision regarding said appeal shall then be issued no later than 10 business days following said hearing.The decision of the City Manager shall be final. TRASH COLLECTION Roll-out carts are prohibited on Tybrisa Street, from Strand at the south end of the 14`h Street Parking Lot (1510 Strand; Marine Science Center)to Izlar Avenue,and from Butler Avenue at the north side of 17'h Street to 1511 Butler Avenue(Sunrise Restaurant). The areas listed above shall be served by compactor units provided by the City. The compactors are located at 13 Atlantic Avenue behind 16 Tybrisa(Sea&Breeze Hotel)and at 1604 Lovell Avenue behind 1603 Inlet Avenue(Chu's Convenience Mart#102). The owners and/or occupants of all properties served by compactor units shall pay a commercial waste collection fee and commercial waste disposal fee for compactor service at the rate per cubic yard specified on the fee schedule on file with the City Clerk.The fee for compactor use originated from roll-out cart usage prior to the installation of compactor units. A business may choose to obtain a private dumpster to be located wholly on private property instead of using a compactor unit. The dumpster must be properly screened in accordance with Sec.22-192(b)(2)of the Municipal Code of the City of Tybee Island. At any time the City may expand the designated areas where roll-out carts are prohibited. An amendment to require additional businesses to participate will be based on the capacity of the compactors and/or the addition of compactors within the South End. City-provided trash cans located on the sidewalks are for use by pedestrians only. Businesses must not use the trash cans. Business trash is to be placed in a compactor,not a city trash can. The following materials shall not be deposited in compactors: appliances or other heavy metal objects;steel drums;furniture,bed springs and mattresses;tires;wooden crates;construction and demolition debris;trees,limbs,leaves,and other vegetation;hazardous materials including paint and chemicals,and dead animals. Page 6 of 6 20131212CityCouncilPacket Page 45 of 233 20131206/j A111212013 REVOCABLE LICENSE / INDEMNITY AGREEMENT/ PUBLIC PROPERTY The undersigned applicant hereby requests permission from the City of Tybee Island, Georgia, to construct a structure for the purpose of the use of public property located within said city limits since a portion of the proposed project may encroach upon public property, roads or marshes within the city limits of said municipality. The undersigned understands that the issuance of such a permit does not relieve the applicant of the obligation to obtain additional authorization from any other authority. The undersigned further recognizes and agrees that this license does not confer upon the undersigned any rights, title, estate or interest in said licensed premises; nor does this license agreement confer upon the undersigned a license coupled with an interest or easement. This license merely gives the undersigned a revocable privilege, it being expressly understood and agreed that, regardless of any improvements or investment made, expense and harm incurred or encountered by the undersigned,this agreement shall be subject to revocation, cancellation or termination and this license shall be null and void. The undersigned shall further indemnify and save the City of Tybee Island, its agents, officials, employees, and representatives free and harmless from any and all liability, loss, cost, damage or other expense from accident or damage, either to itself or to the persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted by this license except for any loss arising from the sole negligence or willful misconduct of the City of Tybee Island. The undersigned applicant further recognizes that the City of Tybee Island does not grant permission to proceed with such project unless and until any other appropriate permit is issued and a copy of same is filed with the Clerk of Council of said City. The license permitted herein is limited to those areas identified as encroaching on said public property shown on the attached Exhibit "A" hereto. Date: Applicant's Signature: Printed Name of Applicant: THE CITY OF TYBEE ISLAND hereby grants the above a revocable license not coupled with an interest as provided in the above request. Approved this day of , 20 BY: Dianne Otto Planning & Zoning Manager Attachment: Exhibit A 20131212CityCouncilPacket Page 46 of 233 20131206/jjrl MAYOR CITY MANAGER Jason Buelterman O MAYOR _ Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle, Mayor Pro Tern LeViner Barry Brown ;�. Jan Fax " J CITY ATTORNEY Bill Garbett Edward M. Hughes Torn Groover %b4tiElDocrow% 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: December 12, 2013 Item: Considerations—Dianne Otto Explanation: For discussion only—Zoning Map Budget Line Item Number (if applicable): N/A Paper Work: Ai 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 cityoftybee.org Comments: Date given to Clerk of Council: December 5, 2013 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 City of s Ethics www.cityoftybee.org '' f i LLyF 20131212CityCouncilPacket Page 47 of 233 2031141 1S' 1#I rf j Ol3066 PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: November 19, 2013 Project Name/Description: Section 4-020-District Boundaries Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map 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 Borkowski X Second Bramble X Callahan X Motion to approve Marion X McNaughton X Parks Chair Absent The Planning Commission recommends: Z Approval n Denial 0 Continued Planning Commission Chai Date: /"Z D cz)Planning& Zoning Manager: Date: 11 -2 20131212CityCouncilPacket Page 48 of 233 20131206/jrl ARTICLE 4. ZONING DISTRICTS Sec. 4-010. List of districts. The following districts of the City of Tybee Island are hereby created: (A) R-1 single-family residential; (B) R-010-B single-family residential; (C) R-2 one and two-family residential; (D) R-T residential tourism; (E) C-1 beach business; (F) C-2 highway business; (G) NM neighborhood marina; (H) TBR transitional business-residential; (I) PC parks-conservation; (J) EC environmental-conservation; (K) PUD planned unit development; (L) MD maritime district; (M) Reserved; (N) Reserved; (0) South End business overlay district; (P) North End parks and public overlay district; (0) North End cultural overlay district; (R) Neighborhood grocery store district. (Ord. No. 2000-13, 2-11-2000; Ord. No. 2000-13, amended 5-24-2000; Ord. of 6-26-2008(1); Ord. No. 29-2008, § I, 1-8-2009, § I; Ord. No. 15-2009, 10-22-2009) Sec. 4-020. District boundaries. The location of boundaries and zoning districts shall be shown on a map entitled "Zoning Map of the City of Tybee Island" dated April 22, 1999, as amended and readopted on December 10, 1999, and said map may be amended subsequent to the adoption thereof; and said map is made part of this Land Development Code and a second original of such map shall be attached to the minutes of the meetings for the first and second readings of this Land Development Code and said map is hereby incorporated herein to the same extent as if the information set forth on said map was fully described and stated herein. Amendments to the zoning map shall be reflected on the "Zoning Map of the City of Tybee Island" when they become effective and said map shall be on file in the office of the clerk of council of the City of Tybee Island, Georgia. This section repeals the prior zoning map and substitutes the map dated April 22, 1999 in its stead. (Ord. No. 1999-07, 4-22-1999; Ord. No. 1999-, amended 12-17-1999; Ord. No. 1999-07, amended 5- 24-1999) 20131212CityCouncilPacket Page 49 of 233 20131206/jrl Sec. 4-030. Interpretation of district boundaries. Unless otherwise shown on the zoning map,the boundary lines of districts are; (A) Rear lot lines; (B) The centerline of streets, alleys or extended from such points where specific linear distances are denoted on the "official zoning map;" (C) Railroad right-of-way lines; (D) Shore line of creeks, rivers, and ocean; or, (E) The corporate limit line as it exists at the time of the enactment of the ordinance from which this section is derived. Questions regarding the exact location of district boundary lines shall be determined by the mayor and council in accordance with the provisions of this Land Development Code. Sec. 4-040. Zone line dividing a lot. In most instances, zoning district lines on the zoning map are drawn to follow streets, land lot lines, property lines, and other natural divisions. 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I/.\ , \T!! •., ,. .,...-'7.'Z' ,/,‘> 1� \ :, l•'\ .. •-i ++• `% .\ ., \ .,,. / j ;•'` .,'a -!+,`` a?� vat\ . �� \ ( \... ,\ \n`•X. I /Y� • ` — �\ ��\ - _ / H \ • f ,.\ al. :\ `; 4 `\ /\ ` /— \•• // \ V i (1 1 '-.7.7' r ,- -vi., r •.....,.:. N .g.,.! iik \ / c‘,< yy, 'yam\' \ 0, ' ' \ ' k •\"'•\`‘3-:',':-•*--.,„. .-.,,_-,-, \. _,t - . 1 ___, %TV" ...'\\ • ‘,..,,,,oer'-\ ,• .-Nn,,1.1-'---1 ,„• .-' \ „..q„, IT - .\.• .i., CSC. \`t •`•,`• an... • ' z-a deV V 6u!u0z /4 u e s p l l as /C q l 20131212CityCouncilPacket Page 52 of 233 20131206/jrl MAYOR _ _ , CITY MANAGER Jason Buelterman / Diane Schleicher CITY COUNCIL, * r CLERK OF COUNCIL Wanda.Doyle,Mayor Pro Temp - Janet LeViner Barry Brown Ian Fox CITY ATTORNEY Bill.Garbett Edward M.Hughes Tom Groover :ti/n 100* 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: December 13, 2013 Item: To present the City Council with the proposed purchasing policies and procedures manual and proposed ordinance changes for review. Explanation: The primary objective of this manual is to provide guidance to and establish responsibility of all employees engaged in the purchasing process. It's believed that the procedural changes set forth in the purchasing manual futher serve to streamline the procurement process so that we can expedite the purchase of goods and services, comply with federal„ state and local laws,maintain the public trust in our stewardship of public funds and in corporate current trends in public purchasing. 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 NOT : ' •quest will be postponed if necessary information is not provided. Submitted by: is „ 1 b Phone/Email: 912\ 472-5021/ahudson@cityof tybee.org Comments: Date given to Clerk of Council P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* 866 786-4573—FAX(866)786-5737 , City of "v ( ) ( ) ,� Ethics yV www.cityoftybee.org 1a �L 20131212CityCouncilPacket Page 53 oT 233 20'1 1E6 r1 AGENDA ITEM ATTACHMENT 1 Proposed Purchasing Ordinances Sec.5-413. Budget review prior to issuing purchase orders. Except as otherwise provided for in emergencies, no purchase order shall be issued unless there is a sufficient unencumbered appropriation, in excess of all unpaid obligations, of the using agency to cover the amount of such purchase. Sec. 5-414. Sole-source purchases. The city manager shall be authorized to designate a sole source for any item or service,the purchase of which,due to special scientific,technology or extraordinary specifications and circumstances,is available from only one vendor. Any such purchase shall be documented as to the reasons for the sole source and shall be maintained in the office of the purchasing-division. Sec. 5-415.Award of contracts. The City Manager shall be authorized to award a contract for purchase of goods and services to the lowest,best and most responsible bidder or vendor when approved in the budget or approved project resolution up --/ to$19,999.99.The manager shall be authorized to delegate authority to award contracts more than $,.01 and less than$5,000.00 to the finance director and the purchasing officer.The approval of the mayor and city council shall be required before the award of a contract over$20,000.00 that is in excess of the budget or approved project resolution.The mayor and city council shall approve all contracts$20,000.00 or above.The city manager shall report all contracts awarded above$5,000.00 to the mayor and city council for information.Should any question or discrepancy arise in any bid or contract,the disposition of such purchase shall be determined by the manager. Sec. 5-416. Competitive quotations for bids over$20,000.00. Any supply,material or contractual service to be purchased by City of Tybee Island which has an estimated cost of more than$20,000.00 shall be purchased through formal sealed bids using formal advertising that may appear in the local newspaper in which the sheriffs sales appear or by other appropriate means to obtain competitive quotations. If advertised in the local newspaper, such notice shall be published once a week for two consecutive weeks prior to the time of the advertised bid opening.The manager shall be authorized to use the reverse auction procedure when appropriate.Reverse auctions may be used as a form of competitive bidding and as an alternative to sealed bidding.The reverse action process allows the vendors to see the lowest bid but not the identities of the bidders during the bidding process. Once the reverse auction is closed,the manager or the purchasing division administrator evaluates the bids and awards the contract to the lowest responsive and responsible vendor. 11 Pad e Proposed Purchasing Ordinances 20131212CityCouncilPacket Page 54 of 233 20131206/jrl Sec. 5-417. Competitive quotations under$19,999.99. Any supply,material or contractual service to be purchased by City of Tybee Island which has an estimated cost of not less than$1,000.00 and not more than$19,999.99 shall be purchased on the open market without regard for formal advertising. Upon the receipt of documented written price quotations from at least three reputable vendors, the purchasing officer shall award the contract. Sec. 5-418. Reserved. Sec. 5-419. Purchases of less than$1,000.00. Any supply,materials or contractual service which has an estimated cost of less than$1,000.00 may be purchased from any approved vendor recommended by the using agency or, in the absence of such recommendation,from any approved vendor selected by the purchasing officer. Each such purchase shall be authorized by the head of the using agency. Sec. 5-420.Selection of professional services. Professional services may be required on a project basis,for specific activities or for certain durations of time. Procurement of these services shall be the primary responsibility of the user agency with the assistance of the purchasing officer.A contract for professional services shall be awarded to the best qualified proposal based on the evaluation of the proposals and negotiation of reasonable and fair compensation for services. Such professional service needs must be approved by the manager and shall be limited to a maximum duration of five years without again requesting proposals for such general services from the professional community.The initial selection of such professional services shall be accomplished as outlined in subsection(1)below.Fees for such services may be negotiated at the time of such designation or on a project/activities basis: (1)Professional services which have an estimated cost of more than$20,000.00 shall be purchased through request for proposals.When determined appropriate by the city manager, solicitation may be made through formal advertising in the local newspaper in which the sheriffs sales appear or regional newspapers or any other similar means to notify the professional community. (2)Professional services which have an estimated cost of less than$19,999.99 but more than$4,999.99 shall be purchased on the open market without regard for formal advertising. Upon the receipt of written 2 I P a g e P r o p o s e d P u a c h " s i n O r d i n a n c e s 20131212CityCouncilPacket Page 55 of 233 20131206/jrl proposals from at least three qualified professionals of the service,the user agency shall recommend and the purchasing division administrator shall award the contract. (3)Professional services which have an estimated cost of less than$1,000.00 may be purchased from any approved list of professionals recommended by the using agency or, in the absence of such recommendation,from any approved professional selected by the purchasing officer. Each such purchase shall be authorized by the department head. Sec.5-421. Rejection of bids or quotations. The city manager shall be authorized to reject any or all bids, in whole or in part,when in his or her judgment the terms, conditions or specifications received are not in compliance with those in the City of Tybee Island bid solicitation. In such event,the city manager shall document the circumstances of such rejection and reissue the solicitation as he or she deems appropriate. Sec.5-422. Federal and state contract purchases. Whenever any goods or services are available to City of Tybee Island through a contract with the federal or state government,and when such items or services meet the requirements of a using agency, such item or service shall be deemed to have met all the requirements of competitive bidding and may be purchased under the federal or state contract without regard to further government requirements.The city manager shall be authorized to award contracts for the acquisition of goods and services from a state or federal contract when the cost associated with the good or service is within the prescribed budget authorized by the mayor and city council. No additional city council approval shall be required.All such contracts shall be reported to the mayor and city council on a monthly basis. Sec. 5-423. Price agreement contracts. Goods or services used by one or more using agencies on a regular and continuing basis may be purchased under a contract covering a specified extended period of time,at an established price for such goods or services which shall be valid for the duration of the contract period. Purchase agreements under this provision shall be subject to applicable bidding or quotation requirements as any other purchase. Sec.5-424. Cooperative purchasing agreements. The city manager shall be authorized to enter into cooperative purchasing agreements with other units of government when,in his judgment, it would be in the best interest of City of Tybee Island. 3IPage Proposed Purchasing Ordinances 20131212CityCouncilPacket Page 56 of 233 20131206/jrl (Sec.5-425. Emergency purchases. The city manager shall be authorized to waive any or all bidding requirements for the purchase of necessary goods or services whenever an emergency condition exists which presents a threat to the safety, health and welfare of the citizens of City of Tybee Island and whenever such requirements would cause undue delay in the delivery of essential services under such conditions. Sec.5-426. Deposits; bid bonds. The purchasing officer shall be authorized to require a bid bond or deposit, payable to City of Tybee Island,for contracts up to$99,999.00 from vendors bidding on any goods or services when, and in such amounts,as in his or her judgment the nature of the goods or services to be purchased would warrant such bond or deposit or whenever such bond or deposit is required under state law.Notice of a bond or deposit shall be included in the public notice and bidding specifications. Contracts over$100,000.00 shall require a bid bond or deposit. Such bond or deposit shall not exceed 100 percent of the bid amount. Sec. 5-427.Vendors in default. The purchasing officer shall not accept any bid or quotation from nor issue any purchase order to any vendor or contractor that is in default on the payment of any taxes, license fees or other monies due City of Tybee Island. Sec. 5-428. Records to be maintained. A record and description of all requisitions,competitive bids and quotations,purchase orders, receiving reports and other pertinent documentation of purchasing shall be maintained by the purchasing officer in accordance with regulations and procedures prescribed in the purchasing manual and shall be public record. Sec.5-429. Local buying preference. It is the desire of City of Tybee Island to purchase from local vendors whenever possible.City of Tybee Island has a higher responsibility to its residents,however,to ensure that the maximum value is obtained for each public dollar spent.Assuming quality and service are equal,the vendor or supplier who wishes to 4I Page Proposed ' u r chasing Ordinances 20131212CityCouncilPacket Page 57 of 233 20131206/jrl do business with City of Tybee Island must submit the lowest quote for the goods or services being purchased. Sec. 5-430.Vendors'appeals. Any vendor or professional may appeal the award of a contract to the manager within five calendar days of the award of the contract.A vendor dissatisfied with the manager's decision shall have ten calendar days to appeal to the administrative hearing officer pursuant to section XXX of the City of Tybee Island Code for final determination. (Sec. 5-431. Conflict of interest. (a)In accordance with the provisions set forth in section of the City of Tybee Island, no elected official, appointed officer or employee of City of Tybee Island or any agency or political entity to which the Charter applies shall knowingly: (1)Engage in any business or transaction in which the person has a financial interest,which is incompatible with the proper discharge of official duties; (2)Disclose confidential information concerning the property,government or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3)Accept any gift that has a value of$50.00 or more from any person,firm or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however,that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (4)Represent private interests other than his or her own in any action or proceeding against City of Tybee Island, Georgia,or any portion of its government; or (5)Vote or otherwise actively participate in the negotiation or the making of any contract between City of Tybee, Georgia,and any business or entity in which he or she has a financial interest. (b)To avoid the appearance of potential conflicts,no city council of City of Tybee Island shall serve on the board of or on a committee of any agency or corporation that is funded wholly or in part by the Unified Government of City of Tybee Island unless otherwise required by law. 5I age Proposed Purchasing Ordinances nances 20131212CityCouncilPacket Page 58 of 233 20131206/jrl Sec. 5-432. Federally funded projects and programs. In accordance with the provisions of the Office of Management and Budget(OMB)Circular A-1 02,entitled "Grants and Cooperative Agreements with State and Local Governments,"and all related provisions and laws, all City of Tybee Island departments shall comply with all federal procurement regulations when procuring goods and services funded in whole or in part with any federal grant. Further,such regulations shall supersede all local purchasing ordinance provisions. All sub-recipient agencies receiving federal funds through City of Tybee Island shall also comply with the federal granting agency procurement regulations which supersede all local purchasing ordinance provisions. Sec. 5-433. Public construction projects governed by 0.C.G.A. § 36-91-1 et seq. (a)The purchasing division administrator is hereby delegated the authority to administer a process for mandatory prequalification of prospective bidders or offerors for public construction projects pursuant to 0.C.G.A. § 36-91-20(0. Pursuant to this delegation of authority,the purchasing division administrator is authorized to implement a process for mandatory prequalification of bidders, subject to the following requirements: (1)Criteria for prequalification shall be reasonably related to the project or the quality of the work. (2)Criteria for prequalification shall be available to any prospective bidder or offeror requesting such information. (3)There shall be a method of notifying prospective bidders or offerors of the criteria for prequalification. (4) There shall be a procedure for a disqualified bidder or offeror to respond to his or her disqualification to the City of Tybee Island Manager; however, such procedure shall not include a formal appeal. (b)No bid or proposal shall be eligible for consideration by City of Tybee Island from a prospective bidder who has not been prequalified on the procurement in question where the invitation for bids or request for proposals specified that prequalification would be mandatory,and any bid or proposal so received shall be returned to the prospective bidder or offeror unopened. 6IPage Proposed Purchasing Ordinances 20131212CityCouncilPacket Page 59 of 233 20131206/jrl PROCUREMENT AND DISPOSITION OF PROPERTY* —.' Section 7-501. Contracting procedures. The city council shall prescribe'by ordinance rules and regulations which must be followed in the making of contracts in order to bind the government of City of Tybee Island, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of City of Tybee Island, Georgia, shall be signed by the mayor and authenticated by the city manager. Section 7-502. Sale and disposition of property. (a)The city council is authorized to sell any real or personal property owned or held by City of Tybee Island, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties as provided for in O.C.GA§§ 36-9-2 and 36-9-3. (b)The city council is empowered to authorize the following transactions: (1)A transfer of any real or personal property owned by City of Tybee Island,Georgia,to another governmental entity upon finding that such transfer is in the public interest; (2)A sale of any such property to another governmental entity; and (3)An exchange of such property for property that is owned privately or by some other governmental entity. 7I Page Proposed Purchasing Ordinances 20131212CityCouncilPacket Page 60 of 233 20131206/jrl MAYOR l 1, CITY MANAGER Jason Bueiterman Diane Schleicher CITY COUNCIL f CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown . Jan Fox CITY ATTORNEY Bill Garbett 1.., ` . Edward M. Hughes Tom Groover 641944 I 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: 12/12/13 Category: Special Event Consideration Item: 2014 SAND ARTS FESTIVAL(May 2, 2014, 10am—4pm): North Beach area Organization: Savannah College of Art and Design Explanation: Application is attached with a letter from the organizer/applicant. Budget Line Item Number (if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner(c�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: Chantel Morton, Main Street Coordinator Phone/Email: 912-844-9771 /cmortot cityoftybee.org Comments: Date given to Clerk of Council 12/5/13 * * * F.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of Ethics f www.cityoftybee.org Lg&t' 20131212CityCouncilPacket Page 61 of 233 20137206/jrl SCAD To the Tybee Island City Council, As Coordinator of the SCAD Sand Arts Festival, I am applying for a special event permit to hold the festival at North Beach on May 2, 2014. I am aware of the scheduling conflict regarding the Rainbow Fest Parade. I am writing to address council concerns and request permission to allow the Sand Arts Festival the same day. I met with City Manager, Diane Schleicher, and Special Events Liaison,Chantel Morton,on November 7,2013 to discuss anticipated council concerns. • The crucial reason for selecting the day for Sand Arts has always been due to the tide schedule, where the tide is high in the morning and low in the afternoon. We require an expanding beach to allow more sand sculpture participants. On May 2: high tide is 10:59am, low tide is 5:06prn, making an ideal festival environment. • During the meeting we discussed alternative dates. Sand Arts is scheduled on a Friday due to SCAD personnel availability and bus transportation. Earlier dates run into conflicts with the SCAD Sidewalk Arts Festival, along with colder beach weather. May 9 has the tides occurring in the wrong direction,with low tide at 10:30am, high tide at 4:50pm. Previous years there was extensive loss through washout of sand works. May 16 is close to the end of the academic quarter which would result in decreased participation, along with other Tybee event conflicts. • Regarding the use of city services: Sand Arts requires one hired off-duty police officer to patrol the streets around North Beach and directing traffic to off-site parking. All other services are provided by hired SCAD personnel,faculty and student volunteers,and private vendors. After the November 7 meeting, I contacted Police Chief Bryson regarding his concerns about a second event. He saw no public safety issues. • Regarding festival times: Sand Arts ends at 4prn,well before the Rainbow Fest begins. As soon as awards are announced at 3:30pm,faculty and student volunteers begin cleaning up the beach, and removing festival materials and equipment. • Sand Arts is ideally located at North Beach, which is practical for student bus transportation and ample controlled parking. There will be no time or physical overlap conflict with the Rainbow Fest parade at the central and south part of town. • I have supervised the Sand Arts Festival for the past five years,addressing city concerns and improving the event. The faculty volunteers have been assisting even longer. We operate professionally and efficiently. The 2013 festival was the largest to date. Post-festival follow-up with Chantel Morton, Chief Bryson and Officer Powers confirmed that everything ran smoothly with no parking issues. I will attend the consent agenda council meeting on December 12 to answer questions and address concerns. Please contact me in advance as necessary. Regards .,•,� 11114, Christopher Ni sche Professor of Foundation Studies, Coordinator:SCAD Sand Arts Festival Email: cnitsche @scad.edu, work: 912-525-8766, cell:912 323-6527 SCAD-Atlanta P.O.Box 7730❑ Atlanta,CA 3o357-13oo USA 877.722.3285 or 404.253.2700 SCAD-Savannah P.O.Box 3146 Savannah,GA 31402 3146 USA Soo.869.7223 or 912525.5000 201 31 21 2CityCouncilPacket Page 62 of 233 20131206/jrl MAYOR �Sy,EI.r+l CITY MANAGER Jason Buelterman Diane Schleicher / CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown Jan Fox CITY ATTORNEY co Bill Garbett �,'.' Edward M.Hughes Torn Groover CITY OF TYBEE ISLAND Paul Wolff SPECIAL EVENTS APPLICATION The City of Tybee Island recognizes that special events play a significant role in the life of the community. Special events enhance the community by providing recreation,cultural and educational opportunities to residents and tourists and they attribute to the economic health of the community. It is our goal to assist event organizers in planning safe and successful events that have a minimal impact in the areas surrounding the event. By keeping the public's best interest in mind, persons or organizations wishing to host a special event upon public property or private property requiring City Services,special permitting and/or vendors must first be granted approval from the City Council and/or the City Manager. The Special Event application shall be completed with all requested information completed and submitted for consideration at least sixty(60)days prior to event. Events with 75 or more people upon public property or private property requiring City Services,special permitting and/or vendor permits that are not for the non-profit organizer of the event require approval from the City of Tybee Island. No more than one event per day will be permitted due to limited infrastructure and city resources. In order to ensure a smooth review process for permission to have a Special Event,the applicant will receive direction from applicable City Departments, City Manager and Main Street Coordinator. Prior to the application being submitted for City Council consideration (if applicable),all concerns and details must be addressed, confirmed by the organizer and accepted by designated City Staff of impacted departments. Note: Applicant must meet with the Main Street Coordinator or his/her designee at time of submitting application. Additional meetings may be required. Today's Date: 11-04-2013 Application Fee Submitted: 50.00 *A non-refundable Special Event application fee of$50 is required at time of application submittal for processing and consideration. Checks or money orders should be made payable to the City of Tybee Island. SECTION 1: EVENT INFORMATION I. Name of Event: 2014 SAND ARTS FESTIVAL 2. Date and time of event: MAY 2,2014 10AM - 4PM Setup: Date/Time period MAY 2,2014,9AM + Breakdown: Date/Time period MAY 2,2014, 4PM 3. Location(s): NORTH BEACH, TYBEE ISLAND •.• A site plan of the event area drawn to scale and depicting all event structures is required at time of application submittal. A Letter of Permission (LOP)from Georgia Department of Natural Resources(http:J/coastalgadnr.org/sendemail) is required for events with beach usage and/or within the Shore Protection jurisdiction (i.e.beach side parking lot areas, etc.)fifteen (15)business days prior to the event. The event is subject to cancellation without an LOP as noted. 4. Organization: SAVANNAH COLLEGE OF ART AND DESIGN ❑ Commercial? ❑ Non-profit/Tax Exempt?(Non Profit Status/GA Tax Exempt Certificate must be attached.) 5. Phone number and/or website for public event information: MICHELLE BALSHEM, 525-5257, mbalshem @scad.edu 6. If location and/or activities impact merchants and/or residents,written documentation is required as noted in Section 5. 7. Organizer/Applicant: CHRISTOPHER NITSCHE Address: 415 WEST BOUNDARY STREET City: SAVANNAH State: GA Zip: 31401 Contact Phone: 525-5766,cell 912-323-6527 Email: cnitsche@scad.edu Organizer/Applicant listed above must be in attendance and readily available for the duration of the event. P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (912)472-5071—FAX(912)786-9539 www city°oftybee.org 20131212CityCouncilPacket Page 63 of 233 20131206/jrl SECTION 2: EVENT DETAILS j 1. Is this event... A Open to the public ❑ Private Invitation only 2. Describe the event and its goals: Annual sand sculpture competition involving SCAD student participants 3. Estimated number of people to attend and what this is based on: 5000 based on previous estimates 4. Is there an admission fee for attendees? lallo 0 Yes-Fee will be: . A preliminary budget is due with application. (refer to Section 7: Financial) 5. Have you ever done this event before? If yes,list dates and locations:yes,May 10,2013 North Beach Tybee Island 6. Describe parking arrangements during event in detail: Attendees will use the North Beach public parking lots and overflow lot at the police station • Please attach a drawing of parking plan. Organizer may be required to run a shuttle if a parking lot is closed for the event. 7. List event sponsors and marketing plan: City of Tybee Island, Grey's Reef, Coca-Cola, SCAD,Sculpture Minor Program&Foundation Studies(print posters,T-shirts,local news outlets) 8. List any additional contact person(s)and their phone numbers involved in the planning of this event. ANdrew Scott,525-8755 9. What plans exist for clean up and recycling?(Disposal of grease,trash,etc.) CAD personnel will monitor the beach during the festival, cleaning up trash during and after the festival. 10. Please list any entertainment, bands,emcees or onsite promoters attending this event. SCAD Radio may provide music Describe sound equipment: sound system,generator for the system - SECTION 3: REFERENCES 1. Please list your previous special event and/or hosting organization's experience in producing events. I coordinated the Sand Arts Festival 2009-2013 2. Please list two(2)references excluding City Officials and Staff: a. Name: Andrew Scott Address: 415 W. Boundary St.,Savannah,GA Phone: 525-8755 b. Name: Scott Thorp Address : 415 W. Boundary St.,Savannah, GA Phone: 525-8757 Page 2 of 8 Cif•Council Approved:February 14,2013;updated September 2013 20131212CityCouncilPacket Page 64 of 233 20131206/jrl L SECTION 4: OTHER REQUESTS (Check the boxes below and provide additional information if applicable.) 1. El Vendors(Organizer must submit all Vendor Applications with payment no later than two[2]weeks prior to event. Chatham County Health Department must be contacted for approval of food vendors in accordance with their regulations.) 2. ❑ Department of Public Works(DPW) Request(s)(DPW approval required;staffing/equipment fees may apply) DPW Item Amount needed Total hours needed Traffic Cones Barricades Traffic Barrels Trash cans Recycling containers Port-a-lets Sweeper Vac Truck Fire ant treatment Dump Truck Back-hoe List other services that are requested. Costs will be determined. 3. ❑ Street Closures(Tybee Island Police Department[TIPD]approval required.) a. List requested streets: 4. l Special parking/parking pass reqyest(s)(Parking Service Division appr va!required.) / j l a. Please describe: ,�U" filly- lGG'' J t,2 ('T, ( ' i 1 - E S P 7' l 1.01 `� s?./'I S. ❑ Commercial truck parking a. Please describe: 6. Police Detail (TIPD approval required;staffing/equipment fees may apply) a. Please describe: Monitor street traffic around North Beach (If off duty police officers are hired,or nizer is responsible for contracting directly with the individual[s]and paying fees direct as agreed upon.) V 7. ❑ Alcoholic Beverages(License Application should be submitted to the Administrative Assistant to the City Manager. Approval is required by City then State.) 8. L7 Fire Detail/inspection(staffing/equipment fees may apply) a. Please describe: (If off duty fire department staff/volunteers are hired,organizer is responsible for contracting directly with the individual(s)and paying fees direct as agreed upon.) 9. ❑ Fireworks(TIFD, Chatham County and U.S. Coast Guard notification/approval required. Special application from Applicant due to USCG at least 135 days prior.) 10. ll Additional Security a. Please describe:SCAD will provide security personnel to monitor traffic in the North Beach parking lot 11. ❑ Petting Zoo a. Please describe: Page 3 of 8 City Council Approved:February 14,2013;updated September 2013 20131212CityCouncilPacket Page 65 of 233 20131206/jrl SECTION 4: OTHER REQUESTS(CON'T.) (Check the boxes below and provide additional information if applicable.) 12. ❑ Parade/Procession(TIPD approval required;staffing/equipment fees may apply) a. List requested parade staging area and route: (*Parades are required to start on Saturdays no later than 3:00pm with the exception of the Beach Bum Parade. Participants must adhere to safety guidelines.) 13. ❑ Amusement Rides(Insurance from providing company is required no later than two[2]weeks prior to event.) 14. l Temporary Structure(i.e. tents,booths,stage,etc.) / , a. Please describe: 10'x 10' tents,set up and removed by rental company 2 l l �,(2.,„. k (k) (Application for permitting of structures exceeding 10'x 10',stages, booths and the like are required through the Planning& Zoning Department. Completed application with required documentation must be submitted no later than thirty[30)days prior to the event.Structures are not permitted without approval from the Planning&Zoning Department. Fees apply.) 15. ❑ Electrical needs(fees may apply) a. Please describe: 16. ❑ Filming request(Permit application should be filed with Facilities Coordinator. Approval is required.) 17. ❑ Banner request{Permit application should be filed with Facilities Coordinator. Approval is required.) 18. ❑ City Facility request(Permit application should be filed with Facilities Coordinator. Approval is required.)1The Walter W. Parker Pier and Pavilion is managed by Chatham County Parks&Recreation. Reservations for use of this facility must go through their office. ek Reit,i 11\Q )I- )8-/3 SECTION 5: ADDITIONAL REQUIREMENTS A non-refundable Special Events application fee is required at time of application submittal. The application will not be processed without the application fee of$50.00. Checks should be made payable to the City of Tybee Island. If the applying organization is tax exempt,a GA Tax Exempt Certificate must be submitted with the application. The Organizer/Applicant is responsible to notify merchants and/or residents impacted by the proposed event location(s) and activities. Organizer/Applicant must provide written documentation confirming notification and acceptance of merchants and,1 or residents prior to the event application being submitted for City Council approval. Insurance,as indicated below, is required at least two(2)weeks prior to the Event. Failure to provide insurance will result in the cancellation of event. PRIVATE PROPERTY PUBLIC PROPERTY Organizer is responsible to obtain PRIVATE Signed Indemnification INVITATION Agreement insurance as deemed Agreement required. appropriate by the property owner. Signed Indemnification Agreement required. Signed Indemnification Agreement Organizer is responsible to obtain required and a necessary insurance as deemed $1 million certificate of insurance,with the OPEN TO appropriate by property owner. City of Tybee Island listed as additional insured and certificate holder. THE PUBLIC *If use of the Walter W. Parker Pier and Pavilion is part * If use of the Walter W.Parker Pier and Pavilion is of the event, a$1 million certificate of insurance,with Chatham County Parks&Recreation listed as an part of the event,a $1 million certificate of insurance, additional insured and certificate holder is required. with Chatham County Parks&Recreation listed as an additional insured and certificate holder is required. The application will go through the review process again if substantial changes are made or additional needs are requested. Additional application fees will result with additional meetings. Page 4 of 8 City Council Approved:February 14,2013;updated September 2013 20131212CityCouncilPacket Page 66 of 233 20131206/jrl I SECTION 6: INDEMIFICATION AGREEMENT AND ACCEPTANCE TO ADHERE TO APPLICATION REQUIREMENTS I,individually and as the Agent representing the Event Organization,do hereby agree to indemnify and hold harmless the City of Tybee island,Georgia,its officers,agents,employees and contractors from and against any and all loss,damage,claim,demand, liability or expense by reason of any damage or injury to property or person which may be claimed to have arisen as a result of or in connection with the occupancy or use of listed event premises during the time period of said event. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of the City relating to such loss or damage,except for loss or damage arising from the sole negligence or willful misconduct or gross negligence of the city,and shall include all costs,expenses and liabilities incurred by the City in connection with any such claim, suit,action or cause of action, including the investigation thereof and the defense of any action or proceeding brought thereon and any other judgment or decree which may be entered in any such action or proceeding or as a result thereof. These provisions shall survive the expiration or earlier termination of the use of premises. Nothing in this Agreement shall be construed to affect in any way the City's rights,privileges,and immuni,;,:s as • forth in Ge• gi. St.tutes and/or the Constitution of the State of Georgia. �' f ,tk(ktJ Ui3 Organizer/Applicant's Signature: i/, AWN" - . VW Date:gr,su INTERNAL 115E BELOW. Staff signatures for City Departments listed below indicate the event application has been reviewed and department needs are accepted as requested. All signatures are required prior to application being submitted for City Council consideration. Event application review with organizer and staff with impacted department(s): 12_1 ( ) F up meeting(s)as n ted: c � ' 2 . l0/3�A i - I. 11i / c, 013 5 City Manager and/or Designee Date Fina?n�:- Director and/or Designee Date �Q rro�r alto We.d . 1I-2.1-13 1_r 1/- 25 Plannin &Zoning Manager and/or Designee D to ter&S `,/r-,r., ment Supervisor and/or Designee Date / Chi,(1,f Pol 4 nd/or De;�gnee ,yDate Campgrou : Mona er and/a Designee Date Chief of Fire Dee-rtment and/or Designee ate Department of Public Works Director and/or Designee Date COMMENTS: DATE APPROVED BY CITY COUNCIL: ADMINISTRATIVE APPROVAL(as applicable): Main Street Coordinator: - Date: City Manager: Date: Page 5 of 8 City Council Approved:February 14.2013;updated September 2013 20131212CityCouncilPacket Page 67 of 233 20131206/jrl SECTION 7: STANDARD EVENT APPLICATION POLICIES AND PROCEDURES THE APPLICANT SHALL USE THE MUNICIPAL PROPERTY SOLELY FOR CARRYING OUT THE SPECIAL EVENT AS APPROVED BY THE CITY MANAGER AND/OR THE CITY COUNCIL. Application Will Be Based On: 1. Whether the applicant for a Special Event Permit is capable or incapable of executing the planned special event. 2. Whether budgetary considerations at the time of application create such a burden upon the City's financial resources that it would not be practical to hold the proposed special event at the time requested. 3. Whether the holding of the special event as planned would create an undue burden upon the public and staff resources of the city. 4, The timing of the proposed special event. 5. Whether the applicant producing the special event is profit making or not for profit purpose only. 6. The historical experience,if any,of the special event in the past years. 7. The effect the proposed special event will have upon the City's resources and public health and safety,and frequency with which such events are held. 8. All City Department Heads affected by said event must review and confirm acceptance of the application prior to the application being approved by the City Manager or City Council. All relevant fire and life safety issues must be adequately addressed. 9. A Special Event permit may be refrained from issuance when the directors of city departments in good faith believe that the proposed special event will endanger the public health,safety,welfare,and/or damage property. 10. A special events permit shall be revoked when the directors in good faith believe that allowing the continuations of the proposed special event may endanger the public health,safety,or welfare of property of others. 11. After reviewing the comments of all affected Departments of the City,based on the specifics of the event, approval or rejection of the application for a Special Event permit will be granted. Approval of Application: 1. The City Manager may at her/his discretion approve an event for up to 500 people. These events must meet the following criteria: exclusive use of city property; minimal impact on neighboring residents and businesses;small scale events with some special requirements;temporary use of public parks or public facilities,and no street closures. The City Manager may at her/his discretion approve an event exceeding 500 people if the event is on Private Property. 2. Events exceeding 500 people on Public property must be reviewed by City Council for approval. City Council may also review events that significantly impact residents and businesses,request use of city streets, parks,beach or other city facilities,extensive activities,and/or require alcohol permits.Special Event applications are considered by City Council during a regularly scheduled monthly meeting as the agenda allows. 3. Upon the issuance of a Special Event Permit from the City Council or the City Manager,the applicant shall obtain all other State,County,and City permits no later than thirty(30)days prior to the scheduled special event. 4. The City Manager, in consultation with Directors of affected Departments,may also impose any necessary restrictions or conditions to be observed in accordance with public safety,environmental and administrative considerations involved in the application. 5. Nothing in this section shall be construed to prohibit the imposition necessary for the carrying out of the event. Application Denial and Process of Appeal: 1. Any applicant denied a Special Event permit to conduct a special event shall be notified in writing prior to the proposed date of the special event. Said notification shall state the reason for the denial. The applicant has the right to appeal to the City Manager. 2. Appeals from the determination of the City Manager,as to the denial of a Special Event permit,shall be made to the City Council. These appeals shall have priority and shall be heard at a regularly scheduled monthly meeting as the agenda allows. Planning&Zoning Department 1. Building permits—an applicant shall obtain the applicable permits including, but not limited to,electrical, plumbing, mechanical,and structural from the City's Building Official at least thirty(30) days prior to the scheduled event. An applicant may be required to obtain other permits pursuant to state law,city ordinances and the International Building Code and the Georgia Amendments. The Building Official shall make inspections deemed necessary to insure that all building code standards are followed. Non-compliance of any building code standards may be cause to cancel the event. 2. Any person or organization which is granted a Special Event permit shall comply with all applicable laws,ordinances and building codes pertaining to said event. 3. The person or organization receiving a Special Event permit shall be responsible for ensuring that its contractors and subcontractors obtain all permits and comply with applicable laws, ordinances and building codes. Page 6 of 8 City Council Approved:February 14,2013;updated September 2013 20131212CityCouncilPacket Page 68 of 233 201312061j1 • 4. +_teed ,, - 1 Kr , -..gyp r ,1 J Il r 1`fI '� f s•b � 3 ' ',;I,- 1r Alit- iht— & i ' k 4 1,11 ...-'- . , I -itt t t , 41 5' -. Ta, ;`� e 1. k‘ . .,-,, 4i, _, - i----- - -- q,--- i t r9, J a. if . .1 a `, z •tm."t tea-- -: --a _ K q v Y*5 .f�t.'Sr. 20131212CityCouncilPacket Page 69 of 233 20131220131206/y1 MAYOR CITY MANAGER Jason Buelterman Nti- '`�� Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda D. Doyle,Mayor Pro Tern Jan LeViner Bill Garbett Paul Wolff i _ CITY ATTORNEY Jan Fox ', Edward M.Hughes Barry Brown Torn Groover f oat CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 4:00PM on 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: 12/12/2013 Item: Alcohol Licenses and Entertainment Licenses Explanation: Information for consideration of alcohol and entertainment licenses for calendar year 2014. Budget Line Item Number(if applicable): N/A Paper Work: X Attached* Already Distributed To Be Handed Out at Council Meeting(by Requester) Audio/Video Presentation** * One scanned copy for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Sharon Shaver Phone/Email: 472-50721 sshaver @cityoftybee.org Comments: Date given to Clerk of Council: 12/03/2013 P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (912)786-4573—FAX(866)786-5832 20131212CityCouncilPacket W�w '.Fag�e70fZ3o 20131206/jrl ALCOHOL AND ENTERTAINMENT LICENSE-2014 BEER/WINE/LIQUOR,SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT • A-1's Dockside Restaurant Jacqualand M. Burn 1315 Chatham Ave • American Legion Post 154 Charles Bolen 10 Veterans Drive • Benny's Alvin B.Ward 1517 Butler Ave • Bernie's Tybee Island, Inc. Bernie A. Reyes 13 Tybrisa Street • Coco's Sunset Grille Tracy M.McMahon 1-A Old Hwy 80 • Doc's Bar Robert M. Parker 29 Tybrisa Street • Fannie's on the Beach Jennifer R.Orr 1613 Strand • Huc-A-Poo's Bites&Booze Eric Thomas 1213 HWY 80 • Marlin Monroe's Surfside Grill Jennifer R.Orr 404 Butler Ave • Nickie's 1971 Ginger Ratterree 1513 Butler Ave • North Beach Bar and Grill G.Spriggs/K.Williams 33-A Meddin Drive • Ocean Plaza/Resort Inns-Dolphin Reef Eugenia G.Spirides 1401 Strand • Rock House Joshua Navon 1518 Butler Ave • Sting Ray's Raymond J. Rogers Jr. 1403 Butler Ave • Sweet Dreams Pavilion Myrtice Morrison Pier/Pavilion • The Quarter Sports Bar Wayne T. Barlow 604 First Street(adding Entertainment) • The Sand Bar Ana G.Olsen 1512 Butler Ave • Tybee Island Social Club Kurtis Schumrn 1311 Butler Ave • Tybee Time Inc. Steven Kellam 1603 Strand • Vicki's on Tybee Richard Hammons 1105 HWY 80 • Wind Rose Café Mary Klein 19Tybrisa St BEER/WINE/LIQUOR-SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY • Macelwee's Seafood Lynn Zeigler 101 Lovell Ave • Spanky's Beachside John Yarbrough 1605 Strand • Tybee Island Wet Willie's William Dickinson 16-B Tybrisa • Tybee Supper Club Michael Scarbrough 35 Meddin Drive • 80 East Pub and Grill Kevin Carpenter 725E First Street BEER/WINE-SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT • Beachview Bed and Breakfast Inn,LLC, Karen Kelly 1701 Butler Ave • GPSBBQ.COM dba Gerald's Pig&Shrimp Gerald L.Schantz 1115 HWY 80 a Lighthouse Pizza, Inc. Richard Hammons 15 Tybrisa Street • Tybee Island Historical Society, Inc. Cullen G.Chambers 30 Meddin Drive BEER/WINE/LIQUOR-BY DRINK FOR CONSUMPTION ON PREMISES ONLY • Sundae Cafe Kevin C.Carpenter 30-A First Street 20131212CityCouncilPacket Page 71 of 233 20131206/jrl BEER/WINE/LIQUOR—SUNDAY SALES•-PACKAGE SALES ONLY,CONSUMPTION ON PREMISES PROHIBITED • Dizzy Dean's Discount Myrtice Morrison 1516 Butler Ave • XYZ Liquors Terese Jung 302 First Street BEER/WINE-SUNDAY SALES—PACKAGE SALES ONLY,CONSUMPTION ON PREMISES PROHIBITED • Chu's Convenience Mart Richard Frederick Pruden 725 First Street • Chu's Convenience Mart#101 Mola Chu Jung 306 First Street • Chu's Convenience Mart#102 Mola Chu Jung 1603 Inlet Ave • Jaydeep LLC dba Shell Food Mart Rajesh Patel 1315 Butler Ave • Ocean Plaza/Resort Inns-Market Place Eugenia G.Spirides 1401 Strand • Tybee Market Inc. Michael J. Hosti 1111 Butler Ave • Stewart's Bait and Tackle John Bradley Stewart 4-F Old HWY 80 ENTERTAINMENT ONLY • Tybee Trees and Gardens Kathleen Flynn 20 Fourteenth Street • Tybee Wedding Chapel LLC Stacye C.Jarrell 1114 HWY 80 20131212CityCouncilPacket Page 72 of 233 20131206/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: December 12, 2013 Item: Public Safety Building: proposal for special inspection services by Whitaker Labs, Savannah - $13,533 Budget Line Item Number(if applicable): 320-3210-54-1310 (2008 SPLOST - Public Safety Building) Paper Work: X Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Recommend approval contingent on an approved of GMP for Elkins Construction. Date given to Clerk of Council 12.3.13 20131212CityCouncilPacket Page 73 of 233 20131206/jrl "OR TORY WHITAKER LABORATORY, INC. R Corporate Office • 2500 Tremont Road • Savannah, Georgia 31405 (912) 234-0696 • Fax (912) 233-5061 • Email: info @whitakerlab.net www.whitakeriab,net November 18, 2013 Greenline Architecture 28 East 35th Street Savannah, Georgia 31401 Attention: Robert Poticny- rpoticny @greenlinearch.com Subject: Special Inspection Services Cost Estimate Public Safety Building (±18,000 sq. ft.) City of Tybee Island, Georgia Dear Mr. Poticny, Whitaker Laboratory, Inc. (Whitaker) thanks you for the opportunity to submit this proposal to perform construction materials testing and inspection services for the above referenced project. The below estimated budget is based an assumed average number of trips and tests / inspections based upon similar projects with similar square footage. Please note, we have not been provided with a detailed trip schedule. After your review, if it is felt additional or fewer trips or testing is needed, please contact us and we can discuss adjusting the estimated budget. ESTIMATED BUDGET 1704.7 Soils Testing and Inspections: Site Inspection/ Proof-roll Inspection: (Estimated ±1 trip) • Technician time, (±2) hours @ $39.00/hour $78.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting $100.00 • Estimated per trip total ±$253.00 • Total estimated budget for task ±$253.00 20131212CityCouncilPacket Page 74 of 233 20131206/jrl Soil Density Testing for Building Pad: (Estimated ±3 trips) • Technician time, (±2) hours @ $39.00/hour $78.00 • Compaction tests, average of(±3) test per trip @ $15.00/each $45.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting $100.00 • Estimated per trip total ±$298.00 • Total estimated budget for task ±$894.00 Foundation Inspections: (Estimated ±3 trips) • Technician time, (±2) hours @$39.00/hour $78.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting, minimum $100.00 fee/report $100.00 • Estimated per trip total ±$253.00 • Total estimated budget for task ±$759.00 Laboratory Testing • Lab Technician time, (±3) hours @ $50.00/ hour $150.00 • ASTM-D-1557 Soils Proctor, (±1) @ $100.00/each $100.00 • Soil Gradations, (±1) @$50.00/each $50.00 • Total estimated budget for task ±$500.00 1704.4 Concrete Testing and Inspections: Concrete Reinforcement Inspections: (Estimated ±5 reports) • We are assuming inspections can be performed on same trip as concrete pour. • Engineer review and reporting, minimum $125.00 fee/report $125.00 • Total estimated budget for task ±$625.00 20131212CityCouncilPacket Page 75 of 233 20131206/jrl Footing Pours: (Estimated ±3 trips) • Technician time, (±2) hours @ $39.00/hour $78.00 • Cylinders, estimated (±4) per trip @ $10.00/each $40.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting $75.00 • Estimated per trip total ±$268.00 • Total estimated budget for task ±$804.00 Slab on Grade Pour: (Estimated ±2 trips) • Technician time, (±3) hours @$39.00/hour $117.00 • Cylinders, estimated (±12) per trip @ $10.00/each $120.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting $225.00 • Estimated per trip total ±$537.00 • Total estimated budget for task ±$1,074.00 Cylinder Pickup: (Estimated ±5 trips) • Technician time, (±1) hours @ $39.00/hour $39.00 • Trip fee $50.00 • Estimated per trip total ±$89.00 • Total estimated budget for task ±$445.00 1704.5 and 1708.1 Masonry Inspections: Submittal Review: (Estimated ±1 report) • Estimated per report total ±$125.00 • Total estimated budget for task ±$125.00 20131212CityCouncilPacket Page 76 of 233 20131206/jrl Compression Testing of Prisms and Reporting: (Estimated ±1 report) • Prisms must be delivered to our office by the contractor • Laboratory Technician time, (±2) hours @ $50.00/hour $100.00 • Compression Tests, (±3) Prisms @ $25.00/each $75.00 • Engineer review and reporting $125.00 • Estimated per report total ±$300.00 • Total estimated budget for task ±$300.00 Grout Sampling and Testing: (Estimated ±4 trips) • Technician time, (±2) hours @$39.00/hour $78.00 • Grout Specimens, (±3) per trip @ $12.00/each $36.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting $100.00 • Estimated per trip total ±$289.00 • Total estimated budget for task ±$1,156.00 Mortar Proportion Sampling and Testing for CMU: (Estimated ±4 reports) • We are assuming that samples can be picked up during grout pours • Laboratory Technician time, (±1.5) hours @ $50.00/hour $75.00 • Engineer review and reporting $125.00 • Estimated per report total ±$200.00 • Total estimated budget for task ±$800.00 Special Inspection Reporting: (Estimated ±4 reports) • Engineer review and reporting $125.00 • Total estimated budget for task ±$500.00 20131212CityCouncilPacket Page 77 of 233 20131206/jrl 1704.3 Structural Steel Inspections: Periodic Visual Inspections: (Estimated ±3 trips) • ICC Inspector time, (±3) hours @ $75.00/ hour $225.00 • Trip fee $50.00 • Engineer review and reporting $100.00 • Estimated per trip total ±$375.00 • Total estimated budget for task ±$1,125.00 Non-Destructive Welding Testing: (Estimated ±1 trip) • Total estimated budget for task ±$1,200.00 Final Letter of Special Inspections: • Total estimated budget for task ±$125.00 Civil Site Work Testing Soil Testing: Soil Density Testing for Roadway, Parking Areas and Utilities: (Estimated ±3 trips) • Technician time, (±2) hours @ $39.00/hour $78.00 • Compaction tests, average of(±6) test per trip @ $15.00/each $90.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting $100.00 • Estimated per trip total ±$343.00 • Total estimated budget for task ±$1,029.00 20131212CityCouncilPacket Page 78 of 233 20131206/jrl Base and Asphalt Testing: Stone Base Density Testing: (Estimated ±1 trip) • Technician time, (±3) hours © $39.00/hour $117.00 • Compaction tests and Thickness Checks, average of(±6)test per trip @ $25.00/each $150.00 • Stone Base Proctor $125.00 • Trip fee $50.00 • Equipment fee $25.00 • Engineer review and reporting $100.00 • Total estimated budget for task ±$567.00 Asphalt Placement Monitoring: (Estimated ±1 trip) • Technician time, (±8) hours © $39.00/hour $312.00 • Laboratory Technician, (±5) hours @ $50.00/hour $250.00 • Core Wagon daily fee $125.00 • Bit Wear, (±6) cores @ $25.00/each $150.00 • Core Density, (±6) cores @ $15.00/each $90.00 • Extraction Gradation with Marshal, (±2) samples @$125.00/each $250.00 • Trip fee $50.00 • Equipment fee $25.00 • Total estimated budget for task ±$1,252.00 Based upon the above scope of services, technician hours, number of trips and number of tests, Whitaker Laboratory recommends budgeting ±$13,533.00 for Special Inspection Services. Additional services outside the above scope will result in additional charges. Please note, scheduling multiple tasks during any given trip can greatly reduce the overall costs. Whitaker Laboratory as noted previously has used an assumed construction schedule to help arrive at the above estimated budget. Without knowing the actual extent to which testing will be requested, (i.e. construction schedule and number of trips) an absolute testing total cannot be provided. The number of failing tests and the time of day testing is performed are also unknown factors which contribute to fluctuations in total price. As such, actual billing 20131212CityCouncilPacket Page 79 of 233 20131206/jrl will be performed in accordance with our standard unit pricing. See the attached pricing schedule for the hourly rates and unit prices, which will be used in the billing process. Testing and/or inspections will not be performed unless they are specifically requested by an authorized contractor, subcontractor or owner representative. We will be relying on on-site personnel to notify us when testing is required. Overall, the actual extent in which testing is requested will determine the overall testing bill. Therefore, the individuals responsible for scheduling our services should be familiar with the estimated number of trips outlined in our proposal in an effort to limit expenses. If you are in agreement with this proposal, please sign and date below to authorize Whitaker Laboratory as your materials testing consultant for this project. All signed authorizations to proceed can be fax to the attention of Clay Kicklighter at(912) 233-5061 or emailed to clayk @whitakerlab.net. AUTHORIZATION TO PROCEED Authorized by: (Print Name) Signature: Date: Invoice Terms(Net 30 Days from Invoice Date) We thank you for this opportunity and we look forward to working with you on this project. If you have any questions concerning this cost proposal please telephone us at(912) 234-0696 or via email. Respectfully submitted, WHITAKER LABORATORY, INC. eg°-`"4/1:ii/ Joseph F. Whitaker, PE Clayton D. Kicklighter Vice President Quality Assurance josephw @whitakerlab.net clayk @whitakerlab.net 7 of 11 20131212CityCouncilPacket Page 80 of 233 20131206/jrl ws TA IC ER WHITAKER LABORATORY, INC. Litrt3pFdATORY Schedule of Testing Fees and Services (as of October 3, 2013) I ru c_ Page 1 of 4 z F: �T�STING•' A. SOIL TESTS • Furnish technician to perform field tests per hour (straight time) $39.00 per hour (over time *) $50.00 • Moisture Density Tests (Proctor) ASTM-D-698 each $80.00 ASTM-D-1557 each $100.00 • Soil Density Tests for Sand Cone or Nuclear Method (minimum 3 tests per trip, i.e. $45.00 minimum charge) each $15.00 • Soil Gradation Test each $50.00 • Atterberg Limits Test each $60.00 • One-Point Compaction Trial each $25.00 • Dynamic Cone Penetrometer Tests (DCP) per trip $50.00 B. CONCRETE TESTS • Cure and test concrete cylinders made and delivered by contractor's personnel (applies to spares also) each $10.00 • Cure and test concrete beams made and delivered by contractor's personnel (applies to spares also) each $12.00 • Furnish technician to sample concrete,perform field tests and mold cylinders or beams per hour (straight time) $39.00 per hour (over time *) $50.00 • Perform Aggregate Gradations each $100.00 • Floor Flatness Testing (Equipment Charge) per day $225.00 • Certified Floor Flatness Testing Technician per hour $65.00 20131212CityCouncilPacket Page 81 of 233 20131206/jrl WHITAKER LABORATORY, INC. Schedule of Testing Fees and Services (as of October 3, 2013) Page 2 of 4 C. BASE AND PAVEMENT • Furnish single technician and equipment to test placement of soil-cement base per hour (straight time) $39.00 • Perform Proctor Tests on crusher run or stabilized aggregate type base material each $125.00 • Perform Density Tests on base material by sand cone or nuclear method (minimum 3 tests per trip) each $15.00 • Perform Density Tests on asphalt cores each $15.00 • Extraction and Gradation Tests with Marshall Stability per sample $125.00 • Extraction (asphalt content) only each $75.00 • Furnish single technician to monitor asphalt placement (i.e. temperature readings/control strips) per hour (straight time) $50.00 per hour (over time *) $60.00 • Furnish single technician and equipment to core asphalt or soil-cement per hour (straight time) $40.00 per hour (over time *) $50.00 • Furnish certified technician to prep core samples and perform tests per hour $75.00 • Coring machine per day per job $150.00 • Bit wear (depending on thickness) per inch + $10.00 • Perform Stone Gradations each $100.00 D. PILE MONITORING • Furnish labor, calibrated jack and miscellaneous small tools to perform load test per test $lk to $3k • Furnish technician to perform pile monitoring services per hour(straight time) $40.00 per hour (over time *) $50.00 20131212CityCouncilPacket Page 82 of 233 20131206/jrl WHITAKER LABORATORY, INC. Schedule of Testing Fees and Services (as of October 3, 2013) Page 3 of 4 E. MISCELLANEOUS • Furnish technician to check torque of bolted connections and/or perform a visual inspection of welded connections Structural Steel/Welding Technician per hour $65.00 AISC Technician per hour $95.00 • Miscellaneous sample and travel time to obtain samples, etc. per hour(straight time) $39.00 per hour (over time *) $50.00 • Equipment/Trip Charges (charges will be divided among contractors when applicable) per trip Chatham $50.00 • Accreditation surcharge (this will apply to projects where the specifications require the testing lab to meet AASHTO, CCRL, COE or ASTM certifications) per day $25.00 • **Compression(Cylinder) Report fee (minimum fee) per report $50.00 • **All Other Report fees (minimum fee) per report $100.00 • Bolt Inspection Equipment per trip $125.00 • Faxed reports (only when applicable) per event $10.00 • Nuclear gauge (when applicable) per day $25.00 • CCIP Payroll Report Fee per month $50.00 • Clients Requiring Reports be sent with Invoices per month(light volume) $50.00 • Clients Requiring Reports be sent with Invoices per month(heavy volume)$100.00 **Note: Report fees may vary depending on the time spent preparing and distributing report F. VIBRATION MONITORING • Furnish one vibration seismograph per day $180.00 • Furnish trained technician to monitor gauges per hour $75.00 • Engineer to prepare report, review data and/or visit site per hour $100.00 20131212CityCouncilPacket Page 83 of 233 20131206/jrl WHITAKER LABORATORY, INC. Schedule of Testing Fees and Services (as of October 3, 2013) Page 4 of 4 G. CONSULTATION • Professional Engineer per hour $100.00 • Project Manager per hour $75.00 • Quality Control Supervisor per hour $55.00 • Senior Technician (straight time) per hour $50.00 H. SUPPORT STAFF • Secretary per hour $25.00 • Laboratory Technician per hour $50.00 • Draftsman per hour $40.00 • Copies of report(s) per cost (secretarial time & 0.11/sheet for materials) I. SETTLEMENT PLATE MONITORING • Survey Crew per hour $95.00 • Settlement Plate Assembly each $250.00 J. NPDES MONITORING • Perform sampling, weekly&periodic inspections by GA EPD qualified personnel ..per hour $50.00 • Perform chemical (NTU) analyses on qualifying water samples per sample $20.00 • Compile and issue monthly report per month $125.00 * NOTES ON STRAIGHT TIME AND OVER TIME: • Straight time (7:00 a.m. - 3.00 p.m., Monday through Friday) • Over time* (all other times) * Only applies to weekends/holidays & concrete/asphalt services 20131212CityCouncilPacket Page 84 of 233 20131206/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: Item: AutoCite Maintenance Agreement& License Agreement from Duncan Solutions Budget Line Item Number(if applicable): 1535-52-1300 $933.36 00-11.3800 $466.64 ($1400.00 total) Paper Work: _X Attached* Audio/Video Presentation** Submitted by: Denise Dubuque, Parking Services Supervisor Phone/Email: ddubq @cityoftybee.org Comments: Date given to Clerk of Council 12/4/13 20131212CityCouncilPacket Page 85 of 233 20131206/jrl IMPORTANT-READ CAREFULLY DUNCAN IS WILLING TO LICENSE SOFTWARE, DATA,WEB SERVICES,OR DOCUMENTATION TO LICENSEE ONLY IF LICENSEE ACCEPTS ALL TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED,THEN DUNCANIS UNWILLING TO LICENSE SOFTWARE, DATA,WEB SERVICES, OR DOCUMENTATION TO YOU. 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This License Agreement THE ENTIRE OBLIGATION OF DUNCAN WITH shall be binding upon the respective successors RESPECT TO INFRINGEMENT OR ALLEGATION and assigns to this License Agreement. OF INFRINGEMENT OF INTELLECTUAL Notwithstanding, a government contractor that PROPERTY RIGHTS OF ANY THIRD PARTY IS has acquired Software, Data,Web Services,or CEASATION OF USE BY LICENSEE OF THE Documentation under contract to the INFRINGING MATERIAL. government may assign this License Agreement ARTICLE 9-GENERAL PROVISIONS to its government customer upon written notice Page 3 of 4 20131212CityCouncilPacket Page 88 of 233 20131206/jrl to Duncan, provided the government customer 9.8 Entire Agreement. This License Agreement, assents to the terms of this License Agreement. including constitutes the sole and entire 9.6 Survival of Terms.The provisions of Articles agreement of the parties as to the subject 2, 5, 6, 7, 8,and 9 of this License Agreement matter set forth herein and supersedes all shall survive the expiration or termination of previous license agreements, understandings, this License Agreement. and arrangements between the parties relating 9.7 Equitable Relief. Licensee agrees that any to such subject matter. Additional or different breach of this License Agreement by Licensee terms included with an order or other may cause irreparable damage and that, in the documents of any type shall not be binding on event of such breach, in addition to any and all Duncan.Any modification(s) or amendment(s) remedies at law, Duncan shall have the right to to this License Agreement must be in writing seek an injunction,specific performance, or and signed by duly authorized representatives other equitable relief in any court of competent of each party.This Agreement is governed by jurisdiction without the requirement of posting and subject to the laws of the State of a bond or undertaking or proving injury as a Wisconsin without regard to any conflicts of laws condition for relief. provisions. LICENSEE,as designated below, is authorized to execute and hereby executes this Agreement, effective as of the date signed below; LICENSEE; Signature Printed Name Title Effective Date Licensee Legal Name Licensee Address Page 4 of 4 20131212CityCouncilPacket Page 89 of 233 20131206/jrl MAINTENANCE AGREEMENT No. 11262013-587 This Maintenance Agreement (Agreement), made effective this 1ST day of November, 2013 by and between City of Tybee Island, P.O. Box 2749, Tybee Island, GA 31328 (Customer) and Duncan Parking Technologies, Inc. (Duncan). Duncan and Customer each may each be referred to individually as Party and together as Parties.This Agreement governs all work performed by any affiliate of Duncan. This Agreement may be amended by mutual written agreement of the Parties to include additional products and services offered by or through Duncan or any of its subsidiaries, affiliates or related companies. 1. TERM This Agreement terminates twelve (12) calendar months after the effective date listed above and may be extended for additional twelve (12) month terms by mutual agreement of the Parties. 2. INVOICING AND PAYMENT Duncan shall invoice Customer for amount due. Full payment of invoice is due thirty(30) days from date of invoice. 3. TERMINATION Duncan, at its sole discretion may offer a repair quotation or may terminate this Agreement under the following conditions. a) System or its components have been altered in any manner, or b) System or its components have been misused or abused or operated under other than normal working conditions, or c) System or its components have been damaged, lost or stolen In the case of termination by Duncan, Customer shall be credited a pro-rated amount against a future purchase based on the balance of warranty term remaining. Customer may earlier terminate this Agreement upon written notice to Duncan. Refund to Customer under Customer termination is at Duncan's sole discretion. 4. REPAIRS Customer will receive highest priority basis available for repair work required. DUNCAN will repair(or replace it at our discretion) any unit and return it within two (2) calendar weeks from the date received at the appropriate Duncan facility under a valid RMA number. In order to accomplish warranty repairs Customer shall; a) Call the engineering service center at(888)553-8622 and choose option 2 to report and receive consultation on the problem, and b) Where Duncan determines an item must be returned for inspection or repair, obtain a Return Material Authorization (RMA) number issued by the DUNCAN Engineering Service Center, and c) Ship the item, postage paid SECOND DAY AIR, appropriately packaged for shipment with the RMA number included inside and clearly marked on the outside of the package to; Duncan Parking Technologies, Inc. 5924 Balfour Court Suite 102 Carlsbad, CA 92008 Customer understands and acknowledges that remote internet access to Customer AutoCITE or AutoTRAX PC is available to Duncan for initial diagnosis. Where Duncan determines that a warranty issue cannot be resolved by telephone, remote access, or repair of the affected component, on-site assistance may be available at Customer location provided Customer agrees to separate, on-site consultation terms and conditions. Page 1 of 4 Rev 2012 05 18 100k 20131212CityCouncilPacket Page 90 of 233 20131206/jrl Customer is responsible for all shipping costs to the Duncan Engineering Service Center. Failure to obtain an RMA number and indicate it on any returned item may cause shipment to be refused or processing delayed. 5. REPLACMENT EQUIPMENT Upon request and provided appropriate replacements are currently manufactured and available, Duncan will provide temporary replacement product at no additional cost while repairs are being completed. Return of any temporary replacement unit to Duncan will be made by Customer postage paid SECOND DAY AIR within the same day the repaired item is received by Customer. 6. SOFTWARE UPGRADES Software upgrades or enhancements(Fix) may be installed at Duncan's sole discretion to repair a problem or correct system operation,at no additional cost during the Term. 7. EXCLUSIONS The following exclusions apply to this Agreement; a) Systems or components have been altered in any manner b) Systems or components have been misused or abused or are not in compliance with laws and ordinances c) Systems or components that have been operated under other than normal working conditions d) Systems or components that have not been properly maintained in accordance with industry standards, Duncan instructions and manuals and related specification d) Systems or components that have been damaged, lost or stolen at any time e) Customer-required changes or upgrades due to changes in Customer operating environment, operating system, network software or installing new PC hardware f) Non-Duncan equipment even if purchased through Duncan or compatible with Duncan hardware and software DUNCAN IS NOT RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE OR SUPPORT FOR THE MS WINDOWS OPERATING SYSTEMS,ORACLE DATA BASE SERVER SOFTWARE OR ANY OTHER THIRD PARTY SOFTWARE OR HARDWARE. 8. MISCELLANEOUS a) If any provision of this Agreement is held invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way; and the Parties shall negotiate in good faith to add a provision that is valid, legal and enforceable and carries out the Parties' intentions to the greatest lawful extent under this Agreement. b) In the case of a force majeure event, Duncan shall not be responsible for any delays in performance under this Agreement. c) In no event will Duncan be liable for any consequential, indirect, special, incidental or punitive damages, regardless of the form of action,whether in an agreement,tort,strict product liability or otherwise,even if advised of the possibility of such damages and even if the damages were foreseeable. Duncan's liability to the other arising out of or related to this Agreement will not exceed the total price paid by Customer for the service under this Agreement. d) Customer hereby indemnifies and holds harmless Duncan and its affiliates,employees, agents and representatives from any and all claims, actions,suits, proceedings, costs,expenses, damages and liabilities, including reasonable attorney's fees and costs, all arising out of or connected with or resulting from Customer's use or possession of Duncan products and services. e) Customer may not assign any of its rights or obligations under this Agreement whether by merger, consolidation, dissolution, operation of law, or any other manner, without the express written consent of Duncan. Page 2 of 4 Rev 2012 05 18 100k 20131212CityCouncilPacket Page 91 of 233 20131206/jrl f) Any notice or payment to Duncan under this Agreement shall be made to the following address: DPTI Contracts Department 633 W. Wisconsin Avenue,Suite 1600 Milwaukee,WI 53203 email: contracts @DuncanSolutions.com fax: (866)449-7575 g) This Agreement constitutes the entire understanding between the Parties on the subject matter hereof and it shall not be amended, altered or changed except by amendment in writing signed by the Parties hereto.Any executed copy shall be considered as original and valid. h) This Agreement is governed by and subject to the laws of the State of Georgia without regard to any conflict of laws provisions. IN WITNESS WHEREOF,the Parties have executed this Agreement; Customer Name: City of Tybee Island Signature Printed Name Title Date Contact Name (if different than above) Contact email address Contact telephone DUNCAN PARKING TECHNOLOGIES, INC. Signature Printed Name Title Date Page 3 of 4 Rev 2012 05 18 100k 20131212CityCouncilPacket Page 92 of 233 20131206/0 City of Tybee Island Page 4 of 4 Period to Be Covered By This Maintenance Agreement From: 11/01/2013 To: 10/31/2014 Articles Covered by Agreement Serial Number (s) for USB-F 5097 5417 Maintenance fee each $50 . 00 Quantity 2 Sub Total $100 . 00 AutoISSUE Software Sub Total $1, 300 . 00 Total $1,400 . 00 *The annual maintenance fees are the current fees and are good for the term of this agreement (12 months) . Maintenance fees are subject to increase without notice and the next renewal of the annual agreement would be adjusted according to the new fees. 20131212CityCouncilPacket Page 93 of 233 20131206/jrl MAYOR :V �` f CITY MANAGER Jason Buelterman ,-- lr Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern 1,^v Janet LeViner Barry Brown \ \\ f Jan Fox VI ? CITY ATTORNEY Bill Garbett !j Edward M.Hughes Torn Groover 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: December 12; 2013 Item: To obtain the City Council's approval to amend the FY2013 General Fund Operating Budget for yearend adjustments by an increase of$18,900. Explanation: In FY13 the Parking Division ordered meter parts for the cumulative amount of$18,900. The company that the parts were ordered from takes several months to deliver the goods. The goods were not received by June 30, 2013; therefore,the order was cancelled. The Parking Division still needs the parts as money was included in the FY2014 budget for these items. The Parking Division is seeking to increase their budget by$18,850 and fund the parts from the prior year fund balance. Increase the following expenses accounts: 100.7564.53.1110 $10,900 100.7564.52.3220 $ 300 100.7564.53.1110 $ 7.450 Total $18,850 Increase the following revenue account: $18,850 This amendment will increase; the general fund budget from $9,140,292 to $9,159,142 Budget Line Item Number(if applicable): Paper Work: X_ 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. * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866)786-4573—FAX(866) 786-5737 , City of v � Ethics www.cityoftybee.org �,�� g_ 20131212CityCouncilPacket Page 94 of 233 201 1E0671rI CiTY OF TYBEE ISLAND 403 Butler Ave PURCHASE ORDER PO Box 2749 Tybee Island,GA 31328-2749 PO Number: 13-23098 Ph(912)7864573 FAX(912)786-5832 This number must appear on au related correspondence,shipping papers and invoices. Vendor# : Date: Requisition# : 0 3- 4 4 43 06 05 /3 1 / 2.0 1. .; 13 2 30 98 issued to: Ship to: .9- CARD D . DUBUQUE 2778 CITY HLL, CITY OF TYBEE SLAN C/ SUNTRUST 403 BUTLER AVENUE P C BOX 2749 TYBEE ISLAND, GA 31328 I'YBEE ISLAND , GA 31328 F.O.B. Point-Tybee Island, GA Terms - Net 30 days .............. . LINE uNas DESCRIPII0N PRICE AmOuNT . . 0 .00 PC-METER PARTS 100-7564-53-1110 0. 00 10, 965 .40 2 0.00 PC-METER PARTS 100-7564-52-3220 0.00 300. 820-0000-0225-REF0RE CPU PCA-MX (QTY 3 8 $1251 .60/EA = $3754 .80) 820-0000-1254-A MX LCD DTSPLAY iQTY 5 8 $601. 32/EA = $3006.60) 820-0000-0121-REFURB MX PRINTER (QTY 3 8 $1365.00/EA = $4095 .00) $10, 865. 40 PLUS E'REIGHT LS 0,1 n I (tft 0,Mten'd W a 5.e Purchase Order void after 0 days. Special Instructions: TOTAL 11, 165. Authorized by Date For the City of Ty bee island I agree to provide the items/services listed on this purchase order and accept the Purchase Order Terms and Conditions that accompany this form. Supplier Acknowledgement Date 20131212CityCouncilPacket Page 95 of 233 20131206/0 (77 - f7=E PURCHASE ORDER 403 Butler Ave PO Box 2749 Tybee Island,GA 31028-2749 PO Number: 13_23118 Ph(912)786-4573 FAX(912)786-5832 This number must appear on ail related correspondence,shipping papers and invoices. Vendor# : • Date: Requisjtron#: 1113 - 4', 06 0.5 / 3 : / 201 .: 13 -232 1 ;.3 [ssu,wi to: Ship to: ?- CARD D. DUBUQUE 2728 CITY HALL CITY OF TYBEE 1SL AND/ SUNT RUST 403 auTLER A ',IF: N:3 E: ? 0 BOX 2749 TYBEE ISLAND, GA 31328 TYBEE ISLAND , GA 3 : 328 F.O.B. Point-Tybee Island, GA Terms - Net 30 days UNE, WqrM DESCRIPTION PRICE AMOUNT • 0 .00 MET ER HOUSINGS 100-7E64-53-0170 0. 00 7, 445 . 35 METER PRODUCTS CO, INC QTY 40 DUPLEX HOUSING/ $260.0C/EPI 65(4o0 QTY 13 SINGLE HOUSING/ $72 .95/EA CiL46,3 SHIPPING $300. 00 cit, 4 .e.,,,,A,Jd ( al ( 311rchase Order void after 90 days. Special Instructions: TOTAL Authorized by Date For the City of Tybee Island agree to provide the items/services listed on this purchase order and accent the Purchase Order Terms and Conditions that accompany this form. Supplier Acknowledgement Date 20131212CityCouncilPacket Page 96 of 233 20131206/0 Draft 12-5-13 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, the City has the power and authority to dispose of or lease real property; 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 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 20131212CityCouncilPacket Page 97 of 233 20131206/jrl 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: Page 2 20131212CityCouncilPacket Page 98 of 233 20131206/jrl 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 , 201_. 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, unless renewed pursuant to Section 3.2. 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, dschliecher @cityoftybee.org, with a copy to Edward M. Hughes, Esq., Callaway, Braun, Riddle & Hughes, P.C., P.O. Box 9150, Savannah, Ga. 31412, bhughes @cbrhlaw.com (or their respective 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.,PO Box 1879, Tybee Island ,Georgia, 31328 Attention: Executive Director, maria @tybeemarinescience.org, with a copy to: Carson Penney and Harold Yellin, Hunter, Maclean, Exley and Dunn, P.C., 200 E. Saint Julian Street, Savannah, GA 31401, cpenney @huntermaclean.com and hyellin @huntermaclean.com (or their respective successors). 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, museum and recreational facility, which shall include, but not be limited to, providing programs and undertaking projects related to beach and marine life. 1.9 Transaction Closing Date. The term "Transaction Closing Date" shall mean the date this Lease is fully executed by all parties. 1.10 Method of Notice. MSC and the City shall follow the method of providing notices to the other party outlined in Section 19.1 of this Lease. Page 3 20131212CityCouncilPacket Page 99 of 233 20131206/jrl 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." Page 4 20131212CityCouncilPacket Page 100 of 233 20131206/jrl 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, and if renewed as per Section 3.2, "Lease Term"as used in this Lease shall be deemed to include any and all Renewal Terms. 3.2 Renewal Terms. . If no Event of Default (as hereinafter defined) shall have occurred and this Lease shall otherwise be in full force and effect and so long as not deemed as being beyond the authority of the City to enter into a Lease for a period exceeding fifteen (15) years, MSC shall have the right to extend the term of this Lease for three (3) additional periods of five (5) years each (each five (5) year terms hereinafter called a "Renewal Term" and collectively called "The Renewal Terms") by delivering written notice for such renewal to City at least ninety (90) days, but not more than three hundred sixty (360) days, before the Initial Term or the applicable Renewal Term expires. If MSC exercises the foregoing rights to extend the term of this Lease for one or more Renewal Terms, all terms and provisions of this Lease (other than the Renewal Term) shall remain in full force and effect, except that the Expiration Date shall be the last day of the last month of the fifth (5th) year after the expiration of the initial Term or the previous Renewal Term, as applicable. In the event there exists an Event of Default the foregoing right or ability of MSC to extend the term shall be terminated and non-exercisable by MSC. Page 5 20131212CityCouncilPacket Page 101 of 233 20131206/jrl 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 1.1. 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 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 15th of each calendar 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. maintenance and repairs) shall constitute additional rent hereunder. Such additional rent, together with the Base Rent, shall sometimes be referred to in this Lease as "Rent." Page 6 20131212CityCouncilPacket Page 102 of 233 20131206/jrl 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 (as hereinafter defined). 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 furniture, equipment, inventory and other personal property installed by MSC (including personal property which is uniquely the property of a marine science facility) and located upon the Premises 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. Subject to the foregoing sentence, all fixtures attached to the Improvements are to remain and become the possession of the City. Page 7 20131212CityCouncilPacket Page 103 of 233 20131206/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, which shall not be unreasonably withheld or delayed. 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). (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: Page 8 20131212CityCouncilPacket Page 104 of 233 20131206/jrl 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. (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 to the extent allowable by law 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 Page 9 20131212CityCouncilPacket Page 105 of 233 20131206/jrl 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. Page 10 20131212CityCouncilPacket Page 106 of 233 20131206/jrl ARTICLE VII-UTILITIES AND SERVICES 7.1 Services. The City 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 or damage any Improvements. City shall not be required to pay for any service or supplies in connection with the Premises. Page 11 20131212CityCouncilPacket Page 107 of 233 20131206/jrl ARTICLE VIII-MAINTENANCE AND REPAIRS 8.1 MSC's Obligations. (A) Structural Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of ten years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) maintain in good repair and condition (including all necessary replacements), including, but not limited to the roof, outer walls and foundations of all Buildings, all interior walls both weight bearing and not weight bearing, floors and coverings, all glass elements and doors located in and about said specific portion or phase. MSC shall take good care of the Premises and Improvements and suffer no waste. (B) Mechanical, Drainage and System Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of five years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) maintain in good repair and condition (including all necessary replacements) the drainage facilities and fire safety sprinkler systems, heating, ventilation and air conditioning systems located in and about said specific portion or phase and/or servicing said portion or phase. (C) Storm Damage Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period of ten years after completion of construction of a specific portion of the Improvements (or completion of a phase of construction) shall repair all storm damage to the Premises and Improvements not covered by insurance and shall be responsible for any cost of repair of storm damage not covered by insurance or subject to the insurance deductible. (D) Vandalism and Negligent Act Repairs. MSC shall, throughout the Lease Term at its own cost and expense, repair or replace any damage or injury to all or any part of the Premises and Improvements thereon caused by vandalism or the negligent acts or omissions of MSC, its employees and agents, except to the extent that said cost and expense shall be covered by insurance. As used in this Section 8.1 & Section 8.2 the term "date of completion of construction" for any portion or phase shall be the date the certificate of occupancy is issued for said portion or phase. 8.2 City's Obligations. The City shall have the obligation: to make the Structural Repairs described in Section 8.1(A) for a specific portion or phase upon the tenth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term; to make the Mechanical, Drainage and System Repairs described in Section 8.1(B) for a specific portion or phase upon the fifth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term; and to make the Storm Damage Repairs described in Section 8.1(C) for a specific portion or phase upon the tenth anniversary of the date of completion of construction of said portion or phase until the end of the Lease Term. The City shall have no obligation to make any of the Vandalism and Negligent Act Repairs described in Section 8.1(D) throughout the Lease Term. Page 12 20131212CityCouncilPacket Page 108 of 233 20131206/jrl 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. Page 13 20131212CityCouncilPacket Page 109 of 233 20131206/jrl 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 which approval shall not be unreasonably withheld, conditioned or delayed. 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. The maximum amount of SPLOST funds to be expended for architectural and engineering services and site planning shall be Two Hundred Thousand Dollars ($200,000.00); however, this limit is not to prevent MSC from expending more on these services, but to insure the availability of sufficient SPLOST funds for actual construction costs, MSC shall not seek reimbursement or payment from the CITY for architectural and engineering services and site planning costs and expenses in excess of this amount. 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,which approval shall not be unreasonably withheld, conditioned, or delayed, and shall contain the following requirements and provisions (or words of similar nature): i. A portion of the funds for the design, engineering, construction or other work and services 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. NOTE, THIS LANGUAGE SHALL NOT BE INCLUDED IN ANY CONTRACT FOR ANY SPECIFIC PORTION OR PHASE OF CONSTRUCTION FOR WHICH NO SPLOST FUNDS ARE TO BE USED; 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. If SPLOST funds are to be used for any portion of the payment requested, the request for payment is subject to the approval of the City of Tybee Island, Georgia and payment by MSC 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; Page 14 20131212CityCouncilPacket Page 110 of 233 20131206/jrl 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 vii. The City shall be designated as an additional beneficiary of all warranties, express or implied. (B) MSC shall prepare a request for payment to the City on or before the 15th 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 for which MSC is seeking SPLOST funds for payment of any portion. 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 within fifteen (15) days of receipt of the request for payment. 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 materially 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 structural alterations prior to the commencement of work ("substantial" meaning single alterations costing in excess of$25,000 or alterations that materially 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; provided, however, that any payment by MSC that is contingent upon SPLOST payments by the City shall be made as soon as received from the City. 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 Page 15 20131212CityCouncilPacket Page 111 of 233 20131206/jrl 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 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. Page 16 20131212CityCouncilPacket Page 112 of 233 20131206/jrl 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 "Indemnitees") (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 as per Sections 6.3(G) and 8.2(C)) from and against: (A) any and all loss, cost, damage, liability or expense 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. (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. Page 17 20131212CityCouncilPacket Page 113 of 233 20131206/jrl 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. Personal Property Insurance. Property insurance in an amount not less than the full replacement cost of all personal property located therein (minimum $100,000.00), against direct and indirect loss or damage by fire, vandalism and malicious mischief and other casualties and risks covered under "all risk, special extended coverage endorsement" insurance 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. 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. i. 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 Page 18 20131212CityCouncilPacket Page 114 of 233 20131206/jrl 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. 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. (c) The City shall maintain or shall cause to be maintained, 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 Improvements in and upon the Premises. The proceeds of such insurance shall be used for the repair or replacement of the Property so insured. 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 in the Event of Casualty. If any act or occurrence of any kind or nature shall result in damage to or loss or destruction of the Improvements, in whole or in part, the insurance proceeds, if any, made available shall promptly be used for the restoration, reconstruction, and/or repair of the Improvements as nearly as possible to its condition and character immediately prior to such casualty. If such insurance proceeds and other available funds are not sufficient so that restoration, reconstruction, or repair are not to be undertaken, or is otherwise determined to be not feasible, such proceeds shall be paid equitably divided between City and MSC, based on formula provided for condemnation in Section 12.2. 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. Page 19 20131212CityCouncilPacket Page 115 of 233 20131206/jrl 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. Page 20 20131212CityCouncilPacket Page 116 of 233 20131206/jrl 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. Page 21 20131212CityCouncilPacket Page 117 of 233 20131206/jrl 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; however, the City shall not exercise its right of eminent domain against the Premises.. 12.2 Apportionment of Award. If there is a Condemnation, whether whole or partial, the City shall be entitled to receive and retain the entire portion of the award for the value of the land and the portion of the award for the Improvements shall be apportioned between City and MSC. City's portion of the award for the structure and improvements shall be the amount of the total award multiplied by a fraction of which the numerator is the total SPLOST funds expended and the denominator being the total costs of construction. MSC's portion of the award for the structure and improvements shall be the amount of the total award multiplied by a fraction of which the numerator is the total funds expended for construction less the total SPLOST funds and the denominator being the total costs of construction. In the event of Condemnation, City shall be the sole representative in seeking the award from the condemning authority and shall have full authority regarding settlement of the entire claim. City and MSC shall use any award from a whole taking for the construction of a new marine science center subject to the determination of feasibility by the City. Page 22 20131212CityCouncilPacket Page 118 of 233 20131206/jrl 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. Page 23 20131212CityCouncilPacket Page 119 of 233 20131206/jrl 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. Nothing herein is intended to prevent or preclude MSC from allowing third parties to use a portion or all of the Premises for properly permitted special events and said use shall not constitute a transfer of an interest in this Lease or a"sublet" or"subletting"of the Premises under this Article XIV. 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. 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. Page 24 20131212CityCouncilPacket Page 120 of 233 20131206/jrl 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. Upon 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 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. 15.3 City's Additional Remedies. Upon any 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 at any 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. Page 25 20131212CityCouncilPacket Page 121 of 233 20131206/jrl 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 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 Page 26 20131212CityCouncilPacket Page 122 of 233 20131206/jrl 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. Page 27 20131212CityCouncilPacket Page 123 of 233 20131206/jrl 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. Page 28 20131212CityCouncilPacket Page 124 of 233 20131206/jrl 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. Page 29 20131212CityCouncilPacket Page 125 of 233 20131206/jrl 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 in one of the following ways: (i) by personal service on the recipient; (ii)by mailing the same by registered or certified mail, postage prepaid; (iii)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; or (iv) by email with an additional copy of the notice, demand or request also be given by the method described in Section 19.1(i), (ii), or (iii)herein. 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 30 20131212CityCouncilPacket Page 126 of 233 20131206/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. 20.9 Merger. The Parties agree that the terms stated herein are the only consideration for each to sign the Lease, and no other promise of any kind has been made by any person or entity to cause either to sign. This Lease replaces any and all prior leases, agreements, or understandings between the parties as concerns the Lease of the Premises. IN WITNESS WHEREOF,the parties hereto have executed this lease as of the date first above written. [Signatures on Following Pages] Page 31 20131212CityCouncilPacket Page 127 of 233 20131206/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 20131212CityCouncilPacket Page 128 of 233 20131206/jrl EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES 20131212CityCouncilPacket Page 129 of 233 20131206/jrl CONTRACT ADDENDUM FOR COMMUNITY SERVICE PROGRAM THIS AGREEMENT is made and entered into this day of 2013 by and between the FRIENDS OF TYBEE THEATER, a Georgia non-profit corporation, hereinafter referred to as "FOTT", and the CITY OF TYBEE ISLAND, a Georgia municipal corporation, hereinafter referred to as the "City." WHEREAS, the contractual agreement attached hereto as Exhibit "A" was approved by FOTT and by the City in 2010; and WHEREAS, the agreement has been partially performed but the contract itself has never been properly executed; and WHEREAS, the parties hereto wish to confirm the contractual agreement made; and WHEREAS, Paragraph 13 of the attached agreement provides for a new agreement prior to the adoption of the City's annual budget; and WHEREAS, attached hereto as Exhibit "B" is a copy of the recap of the adjusted balance due. NOW THEREFORE in order for the records of each party hereto to confoim to the performance and the existence of the obligation the parties hereby agree as follows: 1. The agreement attached as Exhibit "A" has been partially performed and by execution hereof, the parties confirm the partial performance of the attached agreement and the fact of its prior approval. 2. The parties confirm and agree to the accuracy of the records reflected on Exhibit "B" hereto, including the outstanding balance. 3. The obligations of FOTT to pay under Paragraph 8 of Exhibit "A" shall continue until the balance reflected on Exhibit "B" hereto is fully paid. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 20131212CityCouncilPacket Page 130 of 233 20131206/jrl WHEREFORE, we have set forth hereinafter our hands and seals as of the date and year first above mentioned. CITY OF TYBEE ISLAND, GEORGIA By: Mayor, Jason Buelterman Signed, sealed and delivered • in the presence of: Attest: Witness City Clerk, Jan LeViner Notary Agreed to as to form: Edward M. Hughes City Attorney FRIENDS OF TYBEE THEATER By: Signed, sealed and delivered in the presence of: Attest: Witness Secretary • Notary Public • EMH/21/802-Tybee Theater/Addendum to Contract for Community Services 12.06.13 20131212CityCouncilPacket Page 131 of 233 20131206/jrl CONTRACT FOR COMMUNITY SERVICE PROGRAM THIS AGREEMENT is made and entered into this day of 2010 by and between the FRIENDS OF TYBEE THEATER, a Georgia non-profit corporation, hereinafter referred to as "FOTT", and the CITY OF TYBEE ISLAND, a Georgia municipal corporation, hereinafter referred to as "City." WHEREAS, FOTT is a qualified, non-profit corporation that owns title to the Tybee Post Theater located within the municipal limits of the City; and WHEREAS, FOTT has made major renovations to the roof and façade of the Post Theater structure and has provided basic life safety provisions; and WHEREAS, FOTT conducted the first live performance inside the Post Theater in 40 years under a temporary Certificate of Occupancy on June 5, 2010 to a sold out audience; and WHEREAS, FOTT's current objective is to upgrade specific components of the building to facilitate performances inside the building which will provide cultural and social benefits for residents and will attract visitors to the City and provide substantial benefit to the City as a result; and WHEREAS, FOTT will use crafts (electricians, plumbers and carpenters), contractors and vendors to accomplish a variety of tasks to enable use of the building for additional events; and WHEREAS, the City has allocated up to $65,000.00 in its budget for the current fiscal year (07/01/10-06/30/10 in order to provide and support physical improvements to the Post Theater. NOW, THEREFORE, it is hereby agreed that in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, each party conveys to the other as stated herein, and it is hereby agreed as follows: 1. City will provide matching funds to FOTT up to $65,000.00 for qualified capital projects for the Tybee Post Theater which may include, but is not limited to, electrical,plumbing, lighting, stage, ventilation, presentation equipment (sound, projector), access (doors, sidewalks, paving), seeding or landscaping, and insurance, peinlits and fees, if any. 2. FOTT will provide documentation for it's matching funds to the City's Director of Finance. No borrowing/debt will be included in FOTT's matching funds.. 3. FOTT will select projects, contractors, craftsmen and materials using its best judgment to meet the objective of initiating operation of the facility. Emma20131212CityCouncilPacket Page 132 of 233 20 . 4. FOTT will provide copies of vendor invoices that specify the materials and work perfoi tiled in support of disbursement requests submitted to the City. 5. FOTT will inspect and approve the work completed and will pay eligible invoices for matching funds before submitting it to the City for reimbursement. 6. City will reimburse FOTT the City's share of the invoice within 15 days of submission or will provide a notice within such time if for any reason there are questions or procedural irregularities with a submission and in such event, the parties agree to investigate promptly and in good faith to work to resolve any issues pertaining thereto. 7. FOTT will maintain an accounting of all projects and reimbursements and will provide such to the City on a quarterly basis until the total of$65,000.00 has been matched and a final accounting has been delivered to the City. 8. FOTT will pay to the City the amount of$1.00 for each paid admission to performances in the Post Theater until the City has been paid. 9. FOTT will be responsible for obtaining all city and county permits and the coordination of all required inspections, as well as payment of any permit fees, which are not permitted to be utilized as part of the match provided by the City and shall not be waived. 10. FOTT will make the building available for inspection by the City as necessary and as deemed appropriate by the City. 11. The City will have no responsibility for supervision of the work performed and will have no liability to contractors or workmen who operate inside the Post Theater. 12, FOTT will indemnify and hold harmless the City from and for any and all claims, demands, causes of action, or suits of whatsoever kind or nature arising from or in any way related to improvements to the Tybee Post Theater and/or any performances or events held in such facility or in connection therewith. 13. Except for FOTT's obligations under Paragraph 8, this Contract will terminate no later than the 30th day of June, 2011. If the matching funds have not been met at the end of the City's current fiscal year, and if the FOTT intends to continue the terms of this contract into the new fiscal budget year, the FOTT will need to renegotiate a new contract with the City prior to the adoption of the City's annual budget. In any event, FOTT's obligations under Paragraph 8 shall continue as provided herein. 14. Notwithstanding any other provisions in the above paragraph, FOTT will not submit any invoices with requested disbursements to the City in the calendar month of December, 2010 or which would call for payment by the City in the calendar month of 20131212CityCouncilPacket Page 133 of 233 20131206/jrl December, 2010 and in no event shall the City be required to make any disbursements during the month of December, 2010. WHEREFORE, we have set forth hereinafter our hands and seals as of the date and year first above mentioned. s CITY OF TYBEE ISLAND, GEORGIA By: Mayor, Jason Buelterman Signed, sealed and delivered in the presence of: Attest: Witness City Clerk, Vivian Woods Notary Agreed to as to form: Edward M. Hughes City Attorney 20131212CityCouncilPacket Page 134 of 233 20131206/jrl FRIENDS OF TYBEE THEATER By: Gordon K. Matthews, President Signed, sealed and delivered in the presence of: Attest: Witness Secretary Notary Public EMH/21/802-Tybee Theater/Contract for Community Services 09.15.10 20131212CityCouncilPacket Page 135 of 233 20131206/jrl Accounts Receivable - Post Tybee Theater 100.00.11.1915 Date !Customer Amount Date Issued 6/1/2011 Original Loan Amount 65,000.00 6/30/2011 Payment received (91.00) 11/21/2011 Payment received (359.00) Total Owed:1 64,550.00 The In FY2011 the City of Tybee Loaned a non-profit organization, the Post Tybee Theater, $65,000. The theater is suppose to re-pay the loan from sales proceeds. Warr "Z-"2‘.4 20131212CityCouncilPacket Page 136 of 233 20131206/jrl MAYOR CITY MANAGER Jason Buelterman 4 Diane Schleicher CITY COUNCIL _ CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern LeViner Barry Brown W CITY ATTORNEY Jan Fox Bill Garbett Edward M. Hughes To Groover t�v1xlc> v4 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: December 12, 2013 Item: Public Hearing Explanation: Variance—Lot 2 Van Horn.; zone R-1;Heather Rogers,petitioner; consideration of setback encroachment for construction of a new single-family home Budget Line Item Number (if applicable): N/A Paper Work: `■ 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: December 5, 2013 * * * P.O. Box 2749—403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 t City of J, IA Ethics I www.cityoftybee.org s� 4- 20131212CityCouncilPacket Page 137 of 233 2L 3�I 67jr1 "1°i710CfCY�x PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: November 19, 2013 Petitioner: Heather Rogers Project Name/Description: Lot 2 Van Horn Action Requested: Variance Special Review r Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance X Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code 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 Borkowski X Motion to deny Bramble X _ Callahan X Marion X McNaughton X Second Parks Chair Absent The Planning Commission recomme s: ❑ Approval /I Denial ❑ Continued Planning Commission Chair: Date: (I .. 1 3 Planning& Zoning Manager: _s Ate,. , 0 , Date: I I - L„ 0 -1 3 20131212CityCouncilPacket Page 138 of 233 20131206/jrl • & STAFF REPORT •, FOR THE PLANNING COMMISSION MEETING OF: November 19, 2013 _____,) FOR THE CITY COUNCIL MEETING OF: December 12, 2013 LOCATION: Lot 2 Van Horn PIN: Lot 2 of 4-0021-03-001 APPLICANT: Heather Rogers OWNER: same EXISTING USE: vacant lot PROPOSED USE: single-family dwelling ZONING: R-1 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER AREA: North Beach Neighborhood APPLICATION: Variance from Section 3-090(A) PROPOSAL: The owner of Lot 2 Van Horn is requesting approval of setback variances for future construction of a new single-family home. ANALYSIS The required zone R-1 setbacks and the setbacks as requested by the applicant are shown below. ZONE R-1 SETBACKS REQUIRED REQUESTED front(Van Horn) 20' 20' back(Pearwood St.) 20' �..tri0+ 601 ie o °c1;Ei 64/ left side(north) 10 5 (-4p� 11'C°L"4" .}er right side(south) 10' 10' �� �„�� The applicant owns Lots 1 and 2. Her attached narrative discusses the variance request being motivated by a desire to preserve a mature Live Oak tree. The attached survey of Lots 1 and 2 shows the trunk of the tree to be on Lot 1 with the tree's canopy overhanging Lot 2. The attached Site Plan depicts the range of the canopy. The owner has met with City officials regarding the required relocation of a sewer line bisecting Lot 2. A plan acceptable to both parties was formulated. The owner is responsible for the cost of this project. Section 5-090(A)(1) and (2) state the standards for the granting of a variance: (A) Standards. After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of the provisions in this Land Development Code only if the following findings are made: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions,peculiar to the particular property;and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. The proposed single-family dwelling is in keeping with the R-1 District as outlined in the Land Development Code Section 4-050(A): 1 20131212CityCouncilPacket Page 139 of 233 20131206/jrl This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also to provide for quiet, livable, low-density single family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single-family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. Below is the description from the Comprehensive Plan of the North Beach Neighborhood Community Character Area: This area contains a significant amount of natural, cultural, and historic resources. The broad collection of land uses also includes new larger-scale residential developments, traditional cottage-style homes, townhomes, condominiums, restaurants, and other public uses. Two of the City's most notable historic sites are located in this area including the Tybee Lighthouse and Fort Screven Museum/Battery. Other characteristics include narrow streets, street trees, public and private beach access, public parking, pedestrian and bicycle traffic, and public parks. The table below demonstrates the proposed setback variances for a new single-family dwelling meet the two applicable Recommended Development Strategies of the Comprehensive Plan for the North Beach Neighborhood Community Character Area. Comprehensive Plan Section 1.2.9 Meets Strategy North Beach Neighborhood • Recommended Development Strategies Y/N or N/A 1 New development,redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale,use and density. 2 Establish standards and design guidelines for signage.Develop a "theme" for signage to N/A ensure that it is consistent and fits with the character of the area and the Island as a whole. 3. Provide signage for landmarks and commercial businesses in this area. N/A 4. Historic structures should be preserved whenever possible. N/A 5. The City should .rovide a..ro.riate incentives for historic restoration .ro•ects. N/A 6 Pursue historic district/historic structure designations for appropriate areas within this N/A district. 7. Ensure continued .reservation of old owth trees, .arks and eens.ace. Y $ Support the continued development of the Tybee Island bikeway including bike lanes and N/A multi-use trails. STAFF FINDING Staff finds the buildable area of Lot 2 Van Horn is decreased by the canopy of a large Live Oak tree on the south property line. Only extreme pruning or removal of the tree would negate the impact on the buildable area. The proposal is in keeping with the two applicable Recommended Development Strategies of the Comprehensive Plan for the North Beach Neighborhood. Staff Report prepared by Dianne Otto ATTACHMENTS A. Application (2 pages) B. Proof of ownership(1 page) 2 c b y C a P 't : Q �-�r C. Narrative from the applicant IX page) r e /'se ° ^ s s.o n rye e ,Fn3 D. Survey of Lot 1 &Lot 2, dated 01/22/2013 (1 page) E. Site Plan of requested setbacks from applicant (1page) AS .1'r' "PC t+^a e4. ns . F. SAGIS (1 page) G. Photographs of existing conditions from applicant (3 pages) rn • 14. -r2. - -Tr rc ee4:43N ba�►-a:1 C 12 pa EA-ac".-4 a.h ' c a i' 3 • e c1 e l'�' 3 -I to44•0-31. /An 405 y par).ciek 0.4 4.er PC nn e s. A" r 20131212CityCouncilPacket Page 140 of 233 20131206/jrl ,, ,,,y )1 i/1I( , - CITY Q TYBEE ISLAND Fee .1 ,.; Commercial $500 ZONING VARIANCE APPLICATION Resrdentral $200 Applicant's Name Or C1 2 Address and location of subject property Lir l__ i ilv g i� 'Ilii I /0,_.1_ 5. p4 PIN - i6$- 061 040v-ri i-CDO-N } 1 Applicant's Telephone Number lit lit (el S•(o4S _ Applicant's Mailing Address Lam- LlA)1 bl') 'fnCj,,i, 31404 Brief description of the land development activity and use of the land thereafter to take place on the property: ktuo tic , Sa d� , [ I Explain the hardship L Ci Ttu 1S vn, r y bu@c1? aveo,' Property Owner's Name t- ''r1 1-- 12-Q eV S Telephone Num er 'lz. �P_ I S-1A-5SJ 1 3/4.04 Property Owner's Address ' � L Air( A 6" Is Applicant the Property Owner? 7( Yes No If Applicant is the Property Owner, Proof of Ownership is attached: X Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property P---,-- 1 Current Use EIV LOk- Names and addresses of all adjacent property owners are attached: ` Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, th, Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member c Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applican must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local governmen official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant t the local government official during the two (2) years immediately preceding the filing of th application for this zoning action. Disclosure f Cam ai n Co tributions form attachment hereto: / Yes � � � /0 . 22- -13 Sigfiature of Applicant Date NOTE: Other specific data is required for each type of Variance. Fee Amount$ Check Number \ S D Date II - 1 - k 3 City Official { a. • .�20131212Ci y ou—1 'ace - =a•e o 233 20131206/P1 NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below, REFERENCE DESCRIPTION ,,/`5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: irregularity, narrowness, or, shallowness of the lot size or shape, or, X. exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the require' information to the best • his/her ability in a truthful and honest manner. - n Sig ature of App leant Date 20131212CityCouncilPacket Page 142 of 233 20131206/jrl A. Settlement Statement U.S.Department of Housing 1r and Urban Development OMB Approval No.2502-0265 B.Type of Loan 1.0 FHA 2.0 RHS 3.0Conv. Unins. 6. File Number 7.Loan Number 8.Mortgage Insurance Case Number 4.0 VA 5.0 Corm Ins. 21884 C.Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked"(p.o.c.)"were paid outside the closing;they are shown here for information purposes and are not included in the totals. D.Name and Address of Borrower E. Name and Address of Seller F. Name and Address of Lender HEATHER ROGERS LOWER BAY ST.PROPERTIES, LLP 427 LAWTON AVE. PO BOX 11108 SAVANNAH,GEORGIA 31404 SAVANNAH,GA 31328 G.Property Location H.Settlement Agent 0 VAN HORNE DAVID E.ZEIGLER, P.C. TYBEE ISLAND,GEORGIA 31328 636 STEPHENSON AVENUE STE A SAVANNAH GA 31405 (LOTS 1 AND 2,BLOCK 36, FORT SCREVEN WARD Place of Settlement I.Settlement Date CHATHAM COUNTY,GEORGIA) 636 STEPHENSON AVENUE 10124/13 SUITE A SAVANNAH,GA 31405 J.SUMMARY OF BORROWER'S TRANSACTION: @ ••---•- Ovole pvo of of 20131212CityCouncilPacket Page 143 of 233 20131206/y1 For Consideration Regarding Zoning Variance at: Lot#2 at Northeast Intersection of Fort and Van Horn My motivation to request this variance is out of my desire to protect the 25" Live Oak on the adjacent property near the southern property line of Lot#2. Hardship: Guidelines for building adjacent to trees of this type and size recommend a buffer of 25 feet to protect the critical root zone and insure the health and viability of the tree. In addition, the tree's canopy overhangs the buildable area of lot#2 by 24-34 feet. Because the property is currently classified as a "Substandard Lot of Record" our lot consisting of 6,400 square feet is already deficient of buildable land area in comparison to current R-1 area requirements of 12,000 square feet. This,together with the requirements necessary to preserve the tree, reduces our buildable land area by almost 25%,thus creating a hardship of building an appropriate type and size home using traditional building methods without damaging or killing the existing Live Oak tree. Solution: By moving the footprint of the house 5 feet to the North towards the Bunker, and 10 feet to the east towards the dirt road,we are ensuring that the Critical Root System of the tree is not damaged by the footings of the house. Also the 10' rear variance helps make certain that the house is near the outside of the canopy without extensive, unbalanced over-trimming of the tree. This also allows room for future growth_ The current building footprint of 2,000 square feet was designed to stay within the current setbacks without regard to the tree. I am not asking for additional square footage to add to the building footprint, only that I am able to shift the current footprint,to ensure the tree's health and viability. The whole basis for variances is to be able to "make exceptions to the rules" when there are "unique physical circumstances". Our reason to request the variance is only to preserve the tree while keeping building a home on the property economically feasible and finally becoming permanent members of the community. Respectfully, Heather Rogers Owner 20131212CityCouncilPacket Page 144 of 233 20131206/jrl Guidelines for approval of a Zoning Variance 5-090 (A) (1) "That there are unique physical circumstances or conditions beyond that of surrounding properties including:" -Irregularity This property is a Substandard Lot of Record. The current requirements for residential land development requires a minimum 12,000 SqFt of land area. The subject property is considerably below that with a buildable area of 6400 SqFt. The lot is a "Unique Physical Circumstance" because it is lacking land square footage required for a lot in an R-1 zone, as adopted by the City of Tybee. -Irregularity The western property line follows VanHorn which creates an acute angle along the West side of the lot. This results in wasted area that cannot be utilized in conventional construction. It would create an economic hardship to the owners to incorporate the irregular angle in a traditional house plan. The lot has an "Unique Physical Circumstance" because its irregular shape results in unusable buildable area. -Exceptional topographical or other physical conditions peculiar to the particular property. A 25" Live Oak is located near the southern property line. Guidelines for building adjacent to trees of similar species and size recommend a buffer of 25'from the trunk to stay out of the critical root zone and insure the health and viability of the tree. This results in a loss of almost 25%of buildable area. "Exceptional topographical conditions" exist due to a 25" Live Oak restricting the buildable area because of buffers needed to ensure the health of the tree. 5-090 (A) (2) "That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property." The current setbacks required in an R-1 zone are designed to be applied to a property with a minimum of 12,000 square feet. Our 6,400 lot, which is a substandard lot of record, is considerably deficient in square footage-by almost half. That, coupled with the guidelines required to ensure the health and vitality of the tree make us unable to build our home on the lot without the relief a variance would provide. Without the variance, our only option is to mitigate the 80-100 year old tree. It is not economically feasible to build an appropriate size home on the lot, within the current setbacks and tree requirements, using conventional construction methods without undue hardship to the property. 20131212CityCouncilPacket Page 145 of 233 20131206/jrl 0.I.R.F. = ORIGINAL 1-1/$' IRON ROD FOUND R.B.F. = 1/2" REBAR FOUND R.B.S. = 1/2" REBAR SET WITH CAP S.M.B. = SUBDIVISION MAP Opa O./.P..."Cr S 7l+ �. 723 •/� r 9 s s 24. S0, iviv 6:34.z 16" OAK h 8" SANITARY SEWER LIN 636 �2' •35'\ c6. CJ �' z EDGE OF DIRT LOT 3 jm� TRAVELED WAY -5.(//a 6, 7 sq.ft.15 ii d' / 25" OAK TREE _ 0.12 acres /0) to . u) i kigi 40 , GUY WIRE LOT 1 g m 2.37..} / GUY POLE 9� f Fi_5 65.05' iF-�5 _ 69.73' iOgA 0 o S 41'30'17"f E 188.42' � + 134.78' — N�41"30'17" W + / VAN HORN STREET 60' R/W NOTE: REVISED FEBRUARY 3, 2013 TO NOTE THE AVERAGE GROUND ELEVATION IS 9.54' NAVD 88 REFERENCES: NOTE: REVISED JUNE 14, 2013 TO SHOW THE 1. PLAT OF LOTS 1-4, BLOCK 36, BY WRIGHT C. 8" SANITARY SEWER LINE CROSSING LOT 2 POWERS DATED 2/25/80. 2. PLAT OF LOTS 1-4 & EAST PORTIONS OF LOTS 5 & 6, BLOCK 36, BY WARD EDWARDS, INC. STATE OF GEORGIA DATED 8/17/05. CHATHAM COUNTY .3. S.M.B. A-94A-94E. PLAT OF LOTS 1 & 2, BLOCK 36, FORT SCREVEN WARD, TYBEE ISLAND, .GEORGIA. FOR: LOWER BAY STREET PROPERTIES, LLP. DATE OF SURVEY: JANUARY 21, 2013 DATE OF PLAT JANUARY 22, 2013 (REVISED JUNE 14, 2013) .1 IN MY OPINION THIS PLAT IS A CORRECT SCALE: 1"T 30' REPRESENTATION OF THE LAND PLATTED 0' 30' 60` eIrrio., �<.'40 r=�►E.O.C. FIELD 1/ 18,000 _ •` {ate Q< ERROR/POINT 1" BERT BARRETT, JR. ' :' ADJ. METHOD INSPECTION LAND SURVEYING, P.C. ! A i~R � E.O.C. PLAT 1/ 77,592 145 RUNNER ROAD TOTAL STATION TRIMBLE 5603 SAVANNAH, GA. 31410 (912) 897-0661 02036-2 6-14-13 20131212CityCouncilPacket Page 146 of 233 20131206/jrl Lot 2 Van Horn Heather Rogers P 31 5 'aka 31 lt,gY 7 5 \ \ x ./'f 5- 1 .�u1 cr 7 , (7) �_ 70 �; 111 �'e v 82 5 4 4 3ti' _ ,d� ',:' , 71 .' . r,4(16-A).\ q--' `� i E 1 m o \ 1,5-- �y\4`'�, �\ TO \'L` ` (6i To (•11 1 1 / 2 RiV. 111E0.- 6 j \jj1151 rr '. a- \ y9- 'r Y 126 B5 95 l �r° Y 113j E ��` ,\ 1 24 G 151 l�l' m rr _3`- +��` � 120 mp, 1 �8l r . 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C } rya t '�'. _ a 4 . .. s 4. -w"` _ _ __ .. - -t t i m .. _ tee- .—.. _.r--4. - VIEW LOOKING EAST FROM VAN HORN SUBJECT OAK AT FRONT RIGHT i.. . ,, �. .. ., - ;� :',',..444,4:;:' ,ter � ,i s"' - 4 a%. - 4§,e7- '' . c• a ** - -. t < 1 i i If•4.1,a E .*i C F^ : d pay f s�., - i - ,1`- • ': a -, w ..• y. �, X" try. .4.Jr.-� • 4' yam, �.y1, ,. . . .r i■ • _ -!1 'ki 4"" i 1.e_ ,1,4 , -i • y C`t` w.., h o r _IM r a 4. iiimpr, „. : _ . .. , . .T .4. CLOSE-UP VIEW LOOKING EAST FROM VAN HORN SUBJECT OAK AT FRONT RIGHT 20131212CityCouncilPacket Page 149 of 233 20131206/jrl " p. y f b � t ' T i J 111 i . �w '} ,t- r .: • I '!1'+li /�S 14 ',' I ygygdd 1 - k\ '4... 6. 1,, . I ; ��') yp11`{ !stn -: :#.41/ •, • 1 4 I i +An '. / I ii'i v4.° /i -40.....-- a . �0t` irE1..( 'Mr '. ' VIEW LOOKING EAST TOWARDS PEARWOOD LANE fr, t r ■.j i 3 �t, r A 5'a r+ i4„,- M , Z _ r '1' : } ,. _ _.. eta'` r �' ,•. �- . • VIEW LOOKING NORTH FROM SOUTH PROPERTY LINE 20131212CityCouncilPacket Page 150 of 233 20131206/jrl ■:,._1_, vs,, , — ..ii "\-....../- V / %./ - ( ---='*--\' V iL -?\ \--. `. 'I' / v ..-...:S.te 1 '%. %.----"c--- -- CURRENT BUILDING REQUIREMENTS FOR SUBJECT 4 ,, ..,, .,y , , Y. . ' .... )i i I • / \-,N /1;/ i.., TREE AT LOT ON CORNER OF ,i, v _}'' FORT & VANHORN ..----------.... t... >1 I --,- -- --, ..._-, ,-- % .„-----) 4N, ii.,, --- t...s.; Exciz.vA-10%, -:•.i',1:1- '‘f.-.3, - . 1_ NC, Z CL E'F.' ..C3, VEHIC1F,_ OR E2-11111.E\- S-CHAD- '.',' ••11N IVI IS ()I- II-"1 F I 10 I I- ON I- 1 1.,.:',-Nr, _____ 4' TE'.'""<";RARY CI4.A N L NK FENCE i 25.-On — Acc;31) .,:::2 T•) r.,-, - '-' :`.,'").D E. ..,-•- •--. :tor Is tr. ..r. .111,..' .e'4,■-• • e+ 4;;;41.; IE. *A - :"";4.-VA N I ZED VETAL POST a1N.< 4 0" BE_O•ysi '3-0.DE *It. 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Council Meeting Date for Request: December 12, 2013 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 40-2013; Section 3-080, Off-street Parking Requirements; (D)(6) Bicycle Racks; City of Tybee Island, petitioner; consideration of amendment to bicycle rack substitutions Budget Line Item Number(if applicable): N/A Paper Work: Ai 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: December 5, 2013 * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of Ethics If www.cit oft bee.org 'y 20131212CityCouncilPacket Page 154 of 233 g6fjrl 4,,,,,,,,,_ . _,. 46 .., , _ A . 1,4,„ PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: November 19, 2013 Project Name/Description: Section 3-080(D)(6), Commercial Off-street Parking, Bicycle Racks Action Requested: Text Amendment Special Review Subdivision: r Site Plan Approval _ Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map 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 Bisho• X Motion to a i s rove Borkowski X Second Bramble X Callahan X Marion X McNaughton X Parks Chair Absent The Planning Commission recommends: ► Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: i I -Z`'- /A Planning& Zoning Manager: _ . 'II Date: I I -2D-13 20131212CityCouncilPacket Page 155 of 233 20131206/jrl ORDINANCE NO. 40-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 3-080 REGARDING OFF-STREET PARKING REQUIREMENTS/BIKE RACKS FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, the City of Tybee Island so as to amend Section 3-080, Off-street parking requirements/bike racks, so as to clarify its terms; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 3-080 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 That Section 3-080 will be amended and will read as follows: Sec. 3-080. Off-street parking requirements. (A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (B) Residential district parking requirements and residential off-street parking requirements. Off-street parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces. (2) Nursing homes, hospitals. One parking space for each five patient beds, plus one space for each staff doctor, plus one space for each employee on the largest shift. (3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area. 20131212CityCouncilPacket Page 156 of 233 20131206/jrl (4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to such use. (5) Private docks. At least two off-street parking spaces must be provided for any private dock proposed for construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious. (C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians,the following regulations shall apply to all newly constructed driveways: (1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This section is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway. (2) There shall be no more than two driveway openings on any lot of any width. The total of the widths at the property line of two driveway openings shall not be greater than 25 feet. (3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right-of-way. However, in any instance where there is not adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property provided the speed limit on abutting or adjacent roads is 30 miles per hour or less. (4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official. (5) All newly constructed and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials designed to allow retention of the first one- inch of stormwater. (D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity as follows: (1) One parking space per each 200 square feet of retail or commercial gross leasable floor area. (2) With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or created additional occupant loads through other structures where permitting has been required by the city, a parking plan must be submitted with the application for approval by the designated city official. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the mayor and council. (3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person plus one space for each two employees. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. (4) A miniature golf course shall provide one parking space for every two holes. (5) Hotels, motels: a. One parking space for each guest unit without a kitchen facility. b. Two parking spaces for each guest unit with a kitchen facility. c. Two parking spaces for each manager's unit. 20131212CityCouncilPacket Page 157 of 233 20131206/jjrl d. One parking space per each 200 square feet of retail or commercial gross leasable floor area. e. One parking space for every two employees. f. One designated delivery/loading zone. g. Recreational vehicle overnight connection facilities are prohibited. (6) For all uses, a rack able to accommodate eight bicycles may be substituted for one required standard parking space based on the schedule below. The calculation to meet the handicap parking requirement of Section 3-080(A) shall be based on the number of required parking spaces prior to any rack substitution. NUMBER OF REQUIRED SUBSTITUTE PARKING RACKS SPACES ALLOWED 10 or fewer 1 11 -49 2 50 or more 3 (7) Maritime District. a. Parking shall be in conformance with the off-street requirements of the uses referenced in this section and the required dimensions of section 3-090 b. Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew member and one space per each four seats for charter passengers. c. All changes to parking in the maritime district that involve loading, unloading and transporting of boats will require a parking plan submitted to the city detailing the turn radii of drive aisles. (E) Off-street parking dimensions. Standard Aisle Parking Traffic Direction Width Angle 8 x 20 12 feet Parallel One-way feet 8 x 20 24 feet Parallel Two-way feet 19 X 18 15 feet 45 degrees One-way feet --i 9 x 18 18 feet 60 degrees One-way feet 19 x 18 24 feet 60 degrees Two-way feet 20131212CityCouncilPacket Page 158 of 233 20131206/jrl �s x 18 22 feet 75 degrees One-way feet ig x 18 24 feet 90 degrees One-way or Two- way Dimensions of angle parking spaces. 1Angle Distance Curb Offset from curb distance 45 15' 12' 7" 15' 60 16' 10' 4" 9' 75 17' 9' 4" 4' 6" 90 18' 9' 1 0 Curb distance -e 3 2 t. co co � W H Offset (F) Exemptions from off-street parking requirements. (1) Existing structures with 2,000 square feet or less of floor area that exist in a C-I zoning district may expand the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal parking lot. (2) A structure whose primary use is a church or place of religious worship shall be exempt from all off-street parking requirements. 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 20131212CityCouncilPacket Page 159 of 233 20131206/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: EMH/Tybee/Ordinances/2013/40-2013-Sec.3-080,off-street parking requirements/bike racks—12.02.13 20131212CityCouncilPacket Page 160 of 233 20131206/jrl MAYOR iikE aer 4 CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL = t CLERK OF COUNCIL Wanda Doyle, Mayor Pro Tern Janet LeViner Barry Brown . Jan Fox + CITY ATTORNEY Bill Garbett Edward M.Hughes Torn Groover 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: December 12, 2013 Item: Public Hearing First Reading Explanation: Text Amendment—Ordinance 41-2013; Section 6-080, Design Standards; (H) Signs in Parks- Conservation District; City of Tybee Island,petitioner; consideration of amendment to the event banner permit ordinance Budget Line Item Number(if applicable): N/A Paper Work: Attached* -4 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: December 5, 2013 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 Certified (866) 786-4573—FAX (866) 786-5737 , City of 1 Ethics www.cityoftybee.org �'4 F 20131212CityCouncilPacket Page 161 of 233 20T312 6/jrl PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: November 19, 2013 Project Name/Description: Section 6-080(H), Signs in Parks-Conservation District Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map 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 Motion to approve Callahan X Marion X McNaughton X _ Parks Chair Absent The Planning Commission recommends: r Approval n Denial n Continued OP Planning Commission Ch l ir: al Date: 1 ` - 2-''- 13 Planning & Zoning Manager: _, , _ on Date: J 1 -2 0-l 3 20131212CityCouncilPacket Page 162 of 233 20131206/jrl Sec. 6-080. Design standards. CURRENT ORDINANCE (H) Signs in parks-conservation district. There is no limit to the number or design of signs in this district. However, before a permanent sign is placed on a lot or parcel in this district, the applicant shall appear before mayor and council at a regularly scheduled meeting. The city shall identify an area located near the intersection of Highway 80 and Old Highway 80 and between the Library and Fifth Street in Memorial Park along Butler Avenue where banners advertising special events may be located upon application to the zoning administrator. These banners shall not exceed 32 square feet and cannot be erected earlier than 15 days before an event and must be removed within two days of completion of the event. Permits will be issued on a first come,first served basis. Sec. 6-080. Design standards. REDLINE OF PROPOSED ORDINANCE (H) Signs in parks-conservation district. There is no limit to the number or design of signs in this district. However, before a permanent sign is placed on a lot or parcel in this district, the applicant shall appear before mayor and council at a regularly scheduled meeting. If the request is approved, prior to any work a sign permit must be issued by the designated city department. The city shall identify has identified an area located near the intersection of Highway 80 and Old Highway 80 and between the Library and Fifth Street in Memorial Park along Butler Avenue where only banners advertising city approved special events and/or events sponsored by a Tybee Island non-profit organization that has qualified for a City of Tybee Island community service award may be located upon application and approval by to the zoning administrator facilities coordinator or his/her designee. Such events must be open to the general public. These banners shall not exceed 32 square feet. All banners are required to have half-moon cuts to allow air movement. and Such banners cannot be erected earlier than 1-5 8 days before an event and must be removed within two days 24 hours of completion of the event. A banner Ppermits will be issued on a first come, first served basis for a cost of $10 per permit. Whereas there is limited space and opportunities, in the event of a conflict, a banner permit application for a one-day event which has never previously been issued a banner permit shall be granted precedence over any event for which a banner permit had previously been issued. Sec. 6-080. Design standards. PROPOSED ORDINANCE (H) Signs in parks-conservation district. There is no limit to the number or design of signs in this district. However, before a permanent sign is placed on a lot or parcel in this district, the applicant shall appear before mayor and council at a regularly scheduled meeting. If the request is approved, prior to any work a sign permit must be issued by the designated city department. The city has identified an area located near the intersection of Highway 80 and Old Highway 80 and between the Library and Fifth Street in Memorial Park along Butler Avenue where only banners advertising city approved special events and/or events sponsored by a Tybee Island non-profit organization that has qualified for a City of Tybee Island community service award may be located upon application and approval by the facilities coordinator or his/her designee. Such events must be open to the general public. These banners shall not exceed 32 square feet. All banners are required to have half-moon cuts to allow air movement. Such banners cannot be erected earlier than 8 days before an event and must be removed within 24 hours of completion of the event. A banner permit will be issued on a first come,first served basis for a cost of $10 per permit.Whereas there is limited space and opportunities, in the event of a conflict, a banner permit application for a one-day event which has never previously been issued a banner permit shall be granted precedence over any event for which a banner permit had previously been issued. DRAFT 11/12/2013 20131212CityCouncilPacket Page 163 of 233 20131206/jrl ORDINANCE NO.41-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 6-080 REGARDING DESIGN STANDARDS FOR THE CITY OF TYBEE ISLAND,GEORGIA 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 title powers,and WHEREAS, the City of Tybee Island so as to amend Section 6-080.Design standards, so as to clarify its terms:and NOW,THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 6-080 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION I Section 6.080 will be amended and will road as follows: Sec. 6-080. Design standards. (H) Signs in parks-conservation district There Is no limit to the number or design of signs in this district. However, before a pennanem sign is placed on a lot or parcel in this district, the applicant shall appear before mayor and council at a regularly scheduled meeting. lithe request is approved, prior to any work a sign permit must be issued by the designated city department. The city has identified an area located near the intersection of Highway 80 and Old Highway 80 and between the Library and Fifth Street in Memorial Park along Butler Avenue where only banners advertising city approved special events and/or events sponsored by a Tybee Island non-profit organization that has qualified for a City of Tybee Island community service award may be located upon application and approval by the facilities coordinator or his/her designee. Such events must be open to the general public. These banners shall not exceed 32 square feet. All banners are required to have had-moon cuts to allow air movement, Such banners cannot be erected earlier than 8 days before an event and must be removed within 24 hours of completion of the event. A banner permit will be issued one hist come,first served basis for a cost of S10 per permit. Whereas there is limited space and opportunities, In the event of a conflict,a banner permit application for a one-day event which has never previously been issued a banner permit shall be granted precedence over a ny event for which a banner permit had previously been issued. 2013t212CayCaonclPadcM Page 164 of 233 201312001 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. 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 20131212CityCouncilPacket Page 165 of 233 20131206/jrl FIRST READING: SECOND READING: ENACTED: EMH/Tybee/Ordinances/2013/41-2013-Sec.6-080,design standards—12.02.13 20131212CityCouncilPacket Page 166 of 233 20131206/jrl CITY OF TYBEE ISLAND Parks& Recreation Department { P.O.Box 2749 • 403 Butler Ave. \[t\ Tybec Island,GA 31328 .`I� Phone(912)472-5045 • Fax(912)786-5832 m�.�%� Email: kre cc*icilyof(ybec.org BANNER PERMIT APPLICATION Name of organization Person responsible for banner permit Contact information Narnc of event Event location Date(s)and duration of event: Begin date - From am / pm To am I pm End date From am / pm To am / pm Requested banner display dates: Erect Remove Requested banner location: ❑ Memorial Park ❑ Tybec Sign I have read and understand Section 6.080(H)of the Land Development ('ode and agree to abide by ii. The organization and I agree to hold harmless the City of Tybee Island from all liability whatsoever. Signature Today's Date Section 6-080(H): The city has identified an area located near the intersection of Highway 80 and Old Highway 80 and between the Library and Fifth Street in Memorial Park along Butler Avenue where only banners advertising city approved special events and/or events sponsored by a Tybec Island non-profit organization that has qualified for a City of Tybce island community service award may be located upon application and approval by the facilities coordinator or hisiher designee. Such events must be open to the general public.These banners shall not exceed 32 square feet.All banners arc required to have half-moon cuts to allow air movement. Such banners cannot be erected earlier than 8 days before an event and must be removed within 24 hours of completion of the event. A banner permit will be issued on a first come, first served basis for a cost of St0 per permit. Whereas there is limited space and opportunities. in the event of a conflict, a banner permit application for a oac•day event which has never previously been issued a banner permit shall be granted precedence over any event for which a banner permit had previously been issued. Approved I Denied Si;nave Dore Facilities Coordinator unzmtu 2013t212CIlyCoonoaPadaq Page 167 of 233 201312061d MAYOR CITY MANAGER Jason Buelterman '+C 4.14, 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 Tom Groover 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: December 12, 2013 Item: Public Hearing First Reading Explanation: Text Amendment—Ordinance 42-2013; Section 3-220, Amusement Parks and Areas of Amusement; City of Tybee Island, petitioner; consideration of amendment to activities allowed Budget Line Item Number (if applicable): N/A Paper Work: -4 Attached* -4 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: December 5, 2013 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 , City of If Ethics www.eityoftybee.org t" 20131212CityCouncilPacket Page 168 of 233 20Zi6/jrl c\, , 7 all PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: November 19, 2013 Project Name/Description: Section 3-220-Amusement Parks Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map 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 Borkowski X Motion to approve _ Bramble X Callahan X Marion X McNaughton X Second Parks Chair Absent The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued f Planning Commission Cha r: Date: tt-1.--°- t3 Planning& Zoning Manager: S . __ Date: U -20 D--! 3 20131212CityCouncilPacket Page 169 of 233 20131206/jrl CURRENT ORDINANCE Sec. 3-220. Amusement parks. The sale of alcoholic beverages is not permitted on the property of any amusement park. Also, as required by Article V, Chapter 58, of the City Code, eating and drinking establishments must be housed in a fixed structure and certified by the Chatham County Health Department. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 20-2011, 4-28-2011) REDLINE OF PROPOSED ORDINANCE Sec. 3-220. Amusement parks and areas of amusement. Whether an area is owned, leased or rented, i the sale and/or consumption of alcoholic beverages is not permitted on the property of any amusement park or within any area of commercial amusements, including but not limited to a merry-go-round, ferris wheel, bounce house, water slide, pony ride and/or any other such commercial entertainments, whether or not located on the property of any amusement park. Also, as required by Article V, Chapter 58, of certified by the Chatham County Health Department. Such area of commercial amusement shall at a minimum be confined within secure fencing posted with prominent signage at each entrance stating: No Alcohol Beyond this Point. Additional regulation of an amusement may be imposed by City Council during consideration of a special event application. See Municipal Code Chapter 54, Article Ill — Special Events. PROPOSED ORDINANCE Sec. 3-220. Amusement parks and areas of amusement. Whether an area is owned, leased or rented, the sale and/or consumption of alcoholic beverages is not permitted on the property of any amusement park or within any area of commercial amusements, including but not limited to a merry-go-round, ferris wheel, bounce house, water slide, pony ride and/or any other such commercial entertainments, whether or not located on the property of any amusement park. Such area of amusement shall at a minimum be confined within secure fencing posted with prominent signage at each entrance stating: No Alcohol Beyond this Point. Additional regulation of an amusement may be imposed by City Council during consideration of a special event application. See Municipal Code Chapter 54, Article Ill — Special Events. 11/12/2013 20131212CityCouncilPacket Page 170 of 233 20131206/jrl ORDINANCE NO. 42-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 3-220 REGARDING AMUSEMENT PARKS FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, the City of Tybee Island so as to amend Section 3-220, Amusement parks, so as to clarify its terms; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 3-220 of the Code of Ordinances of the City of Tybee Island shall be amended, SECTION 1 Section 3-220 will be amended and will read as follows: Sec. 3-220. Amusement parks and areas of amusement. Whether an area is owned, leased or rented, the sale and/or consumption of alcoholic beverages is not permitted on the property of any amusement park or within any area of commercial amusements, including but not limited to a merry-go-round, ferris wheel, bounce house, water slide, pony ride and/or any other such commercial entertainments, whether or not located on the property of any amusement park. Such area of amusement shall at a minimum be confined within secure fencing posted with prominent signage at each entrance stating: No Alcohol Beyond this Point. Additional regulation of an amusement may be imposed by City Council during consideration of a special event application. See Municipal Code Chapter 54, Article Ill — Special Events. 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 20131212CityCouncilPacket Page 171 of 233 20131206/jrl 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. 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: EMH/Tybee/Ordinances/2013/42-2013-Sec.3-220,amusement parks—12.02.13 20131212CityCouncilPacket Page 172 of 233 20131206/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop f Diane Schleicher Tom Borkowski Marianne Bramble PLANNING &ZONING MANAGER Rob Callahan .�; . ," I Dianne Otto, CFM Tyler Marion, Vice Chair Itis � 1 David McNaughton \,�� CITY ATTORNEY Monty Parks, Chair Edward M. Hughes c ,` MINUTES Planning Commission Meeting November 19, 2013—7:00 p.m. Vice Chair Tyler Marion called the November 19, 2013, Tybee Island Planning Commission meeting to order. Commissioners present were Marianne Bramble, David McNaughton, Rob Callahan, Demery Bishop, and Tom Borkowski. Mr. Marion made an announcement about openings on the Planning Commission. Mr. Marion — The first order of business is the minutes of the October 15, 2013, meeting. Do I have any discussion? [There was none.] Do I have a motion? [Mr. Bishop made a motion to approve as written; Mr. Callahan seconded.] All those in favor please signify. [The vote was unanimous.] Mr. Marion—Do we have any recusals or disclosures? [There were none.] mir Variance—Lot 2 Van Horn—Heather Rogers Ms. Otto—This is a Variance request for setbacks. The property is currently vacant and was recently purchased by the applicant who bought lots 1 and 2. This is zoned R-1 where the required setbacks are 20 feet front and back and 10 feet on the sides. There are two trees located on lots 1 and 2. The request is to have a rear setback of 8 feet instead of the required 20 and on the left side, which is the north property line,to have a 5-foot setback rather than the required 10 feet. The applicant prepared a narrative for you to explain the reasoning behind the request. In your packet is the survey and the proposed footprint as applied for through this Variance. Mr. McNaughton—The Variance requires that there be unique physical circumstances or conditions beyond that of surrounding properties. The tree overhangs but it is actually on lot 1. Does that still qualify for a Variance? Ms. Otto—That would be the interpretation of each of you of what characterizes an exceptional feature or uniqueness. It is difficult for me to quantify that for each of you since everybody has got their own impression of what that may mean. Tybee has a history of wanting to preserve its trees, especially the large oaks with the big canopies, which both of these trees are. One has the stump on lot 1 but the canopy overhangs lot 2. That the owner owns both of these is motivating her to preserve that tree for both of the properties that she owns. I couldn't give you a recommendation on whether you should decide it is or is not an exceptional feature for this property. Mr. Bishop—We are actually considering the canopy aspect versus the tree, correct? The Variance is for lot 2, and the canopy that overhangs is lot 1, is that correct? Ms. Otto—Yes,the canopy overhangs onto lot 2 but again she does own both properties. What I would call the stump of the tree is just off the property line maybe 1 or 2 feet. I don't know if what is shown as the trunk of the tree is to scale of what he actually saw in the field or if that is just a trademark that gets stamped on everything no matter how big 1 20131212CityCouncilPacket Page 173 of 233 20131206/jrl the trunk of the tree is. It looks like a common tree that I see on a lot of plans but I don't know that the tree is to scale. It is very close to the property line and the canopy is definitely over the property line. Mr. Bishop—When I was at the property,there were a number of stakes and strings placed on the property. I presume that was with regards to the proposed setbacks if approved. Ms. Otto—I presumed that too and the applicant can specify for us. I believe what we were seeing is the proposed footprint and the existing property lines. Mr. Bishop—On the applicant's statement for reasons to approve,there are some statements with regards to clearance of 15 feet from the trunk of the tree in order to maintain the tree. What is that based on? Is that from an arborist? Ms. Otto—That is a standard root protection dimension that is given by arborists. Tree protection guidelines are to be at least 15 feet away to not damage the significant roots that are coming from that tree. It generally says that the root system is as large below ground as the canopy above but 15 feet for this size tree would be the significant root structure. Mr. Borkowski—I can understand why they would want to have a 5-foot setback on the side but I don't understand the rationale for wanting 8 feet instead of the 20 on the back. Ms. Otto—We will have her answer that question. Part of the issue here is that this is not a rectangle property; it has an odd shape at the front property line; it is at an angle. You normally don't see houses designed at an angle like that. Some of the front that is potentially buildable area is not being used because of that odd angle at the front property line. Ms. Bramble—Is this considered a substandard lot? Ms. Otto—Substandard generally is speaking to lot size. This is 6,407 square feet on lot 2. For R-1 it is a substandard. In that zone you have a requirement of a 12,000 square foot lot. Yes, it is a substandard lot of record for size. That it is angled would not make it substandard. Mr. Marion—Do we have an applicant that would like to speak on this issue? Heather Rogers came forward and introduced herself. Obviously we are intent on keeping the 24-inch oak. Mr. Bishop, you had talked about the 15-foot clearance for buildable area and that is for piers and pilings. A lot of times they want you to go on the drip line of the tree. We really want to keep the tree and we want to have a house that is of good size. We have a family of four and have in-laws that come all the time. We want a three bedroom house. I feel like we are close enough to the bunker and there is not a lot of buildable area beside my lot. I don't feel like we are going to be impeding anybody else's property by moving a little bit. A lot of it is going to be covered porch and screened porch especially on the back and sides. Mr. Callahan—Do you have an actual design? Ms. Rogers—I've sketched out a little bit of design. We have a really great view of the lighthouse from the southern side of that lot. It is in preliminary stages but there are open porches on the sides. The majority of the house, in the preliminary stages, is to the north side of the lot, closer to the bunker. Mr. Callahan—Did you just say you sketched it out? Ms. Rogers—Yes. Mr. Callahan—You are the designer of record at this point? 2 20131212CityCouncilPacket Page 174 of 233 20131206/jrl Ms. Rogers—Yes. Mr. Callahan - Have you looked at alternatives or various options to see if something might fit that wouldn't require a Variance? Ms. Rogers—The issue with that is where the canopy falls at the 24 feet. It starts about 9 feet and goes up 12 to 13 feet. It starts at approximately where our first floor level would be. On the front edge it's taken over by that tree because of the height of it as well. It gets very narrow on that lot and hard to fit everything. Mr. McNaughton—Would this be your permanent residence? Ms. Rogers—Yes. Mr. Borkowski—I was trying to determine what the dimensions of the structure are,front to back,that you have here. If you have a 20-foot setback and you have 112 feet, then you would still have 70. If you had regular setbacks front and rear,you would have 72 feet front to back on the structure. Ms. Otto—One hundred twelve is the north property line; the south line is much shorter because of that angle. Mr. Borkowski—I see what you are saying. What is it? Ms. Otto—Let me scale that for you. Mr. Borkowski—I'm trying to figure out how many square feet you would have on two stories. I understand what you want but I'm trying to equate the hardship because that is what these Variances are for. We've turned down other people because it was a desire rather than a specific hardship and we are trying to be consistent to everybody that comes before the board. -.11■11,. Ms. Rogers—On my narrative to approve the Variance, I've shown the square footage of the existing total buildable area in regards to the existing setbacks and that is 2,622 square feet. This tree obstructed area [referring to PowerPoint] is around 433 square feet. I also took off for this part because I don't want an angled home and that is another 270 square feet which equals an actual square footage of 1,917 square feet. When I add back what I'm asking for,that is adding 880 square feet which makes a total of 2,797 square feet which is only 175 more square feet than what is the actual buildable area of the lot. That is not taking out the little area I'm not going to be able to use anyway because it's an acute angle here. When I ask for that square footage I'm just trying to get back to what I'm allowed and I'm not necessarily going to use all of it but I need to be able to make a straight house. Mr. McNaughton—Have you considered a house that would straddle both lots? Ms. Rogers—We have. For us it would not be economical to combine the two lots and it doesn't really help anyway because I still have a tree in the middle of it. Mr. McNaughton—You could basically do a U-shaped house straddling both lots and avoid the tree. Ms. Rogers—With a tree in the middle of it? I haven't laid it out like that. Mr. Borkowski—When you are saying 2,700 square feet buildable, that is for one level? Ms. Rogers—That is just one level. Mr. Borkowski—You have the capacity of a 5,400 square foot house. 3 20131212CityCouncilPacket Page 175 of 233 20131206/jrl Ms. Rogers—Right. Mr. Bishop—Let's take Pearwood Street,the back of the house. Normally that would be a 20-foot setback and you are asking for 8. Why is that? Ms. Rogers—I'm trying to get out of the tree canopy. The original thought was to go on the back setback because it is 20 feet and I need a little more room to get the house moved back. When I talked about the root system and keeping the piers away from that, it made much more sense to go this way because we are about 5 feet off from the root system to make a 15-foot clearance. To push it towards the back is also trying to get out of the tree canopy and stay away from that 15-foot radius. Mr. Borkowski—If you didn't have the setbacks, what would the buildable area be? Ms. Rogers—If I didn't have them, around 1,900 square feet. Mr. Marion—Dianne, for a substandard lot, have we had scenarios such as this in the past and what direction have we gone? Ms. Otto—It has not been very long ago that there was a lot on South Campbell. It had a lot of frontage but it didn't have a lot of depth. The depth also had a 25-foot buffer off the marsh. There was a young couple that came forward asking for a Variance. I don't recall the Planning Commission's action on it but the Council action was in their favor and I've been told this week that their plans are forthcoming. They are going to move forward with the Variance that was approved. Ms. Otto—I was asked what the approximate south property line is, the lot line running between lots 1 and 2, and next to the large tree is approximately 90 feet. Mr. Bishop—Without a Variance, you are talking about 1,900 square footage on each floor, is that correct? Ms. Rogers—That's approximate. Mr. Bishop—Both floors will be 3,800 square footage. Ms. Rogers—Yes. That is if we choose to do a second floor. Mr. Bishop—I thought you indicated that it was a multi floor. Ms. Rogers—No. The only thing we had talked about was a loft underneath, like a dormered roof, but not a true two- story. Craig Harrison came forward and introduced himself. I'll be the contractor on this project. The whole reason for the 8 feet in back was to push it as far back from the tree canopy as possible without trimming back any of the tree and interfering with the root system. The same reason for the side setback as well,the north side, is just to get the house back as far into that corner to avoid that tree. It doesn't necessarily mean that the house is going to extend all the way to the forward setback line and then be able to build a 1900 square foot house on one level; it is just to avoid that tree entirely. After the tree canopy is taken into consideration with the existing setbacks I think you end up with roughly 15 or 16 feet of building area in that front and if you had any outdoor living spaces as well you end up with a very narrow area to build on. It doesn't lend itself well to a good design. Mr. Callahan—That tree has been called a live oak in some of this written material. Do we know if that is what it is? 4 20131212CityCouncilPacket Page 176 of 233 20131206/jrl Mr. Harrison—That is what it has been identified to us. Mr. Callahan—It is roughly two feet in diameter at this point, is that correct? Mr. Harrison—I think it is 24 inches. Mr. Callahan—I don't have any idea what that equates to in years but live oaks live a long time and get a lot bigger than that. What is going to happen to whatever house you design fifty years from now when the tree has spread even further? Mr. Harrison—An even better point to move it as far back as possible. Mr. Borkowski—Then you have the other tree at the other end. Mr. Harrison—The other tree is a laurel oak and I don't think it has the same classification. Mr. Bishop—You are the potential builder. I completely concur on saving the tree—a live oak is extremely valuable. What options might be available in order to not seek a Variance? Mr. Harrison—There are probably lots of unconventional options for a house design. If the Variance isn't granted,that will have to be explored. They want a home that is consistent with the Tybee Island design. You could have something that is a long, narrow house, like a double-wide. That is what that lot would allow staying with the existing setbacks. Ms. Rogers—Definitely the style of the house we are trying to keep within the historical parameters of the area especially with having the bunker next door. The whole design of the house is meant to be more turn of the century cottage which is square or rectangle with some side porches but definitely nothing contemporary at all. We've tried to keep all of the porches on that side and on the front. We are including design aspects to stay out of the tree. Mr. Bishop—With regards to an arborist, have you had any consultations to ensure that what you are anticipating doing is in fact the best way to go to save the tree? Ms. Rogers—This information came from an architect. I also spoke to the arborist in town who suggested a standard 24- foot at the drip edge. The architect assured me that 15-foot is the minimum that people want to get. Mr. Marion—Is there anybody else in the audience that would like to address this? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Mr. Callahan—Dianne,this is less than a 12,000 square foot lot in an R-1 zone, correct? Ms. Otto—Yes. Mr. Callahan—Do we need to address this as well? Ms. Otto—No, it is a lot of record. The current lot exists as it is shown on the survey and as shown on the SAGIS map. You will see one large parcel on the SAGIS map. The owner that she bought lots 1 and 2 from has retained ownership of 3 and 4. They are lots of record that he had combined under one PIN. Since she has now purchased them, each lot will now be assigned a PIN or she could choose to have one PIN for lots 1 and 2 because she owns them both. Each of those four lots are lots of record as the surveyor shows on the survey. They are lots of record;they are not being newly created and because they are lots of record they don't have to meet the 12,000 square foot requirement for an R-1 lot. 5 20131212CityCouncilPacket Page 177 of 233 20131206/jrl That would come into play if she owned a large tract of property and she was creating new lots. As it is, that is not a factor in this request. Mr. Bishop—Dianne, because of the nature of our Land Development Code's definition of a request for a Variance, in your opinion,the 15-foot aspect with regards to the tree, do we have precedence where that would potentially constitute exceptional or other physical conditions? Ms. Otto—There is precedence. I can picture a location at the south end that had,years ago, been granted a Variance because of a tree and it is not the only one.There have been others that were allowed setback Variances to accommodate construction to save a tree or trees on a lot. Mr. Borkowski—I make a motion to deny. Mr. McNaughton—Second. Mr. Marion—I have a motion and a second. All those in favor of the denial, please signify. [Bramble, McNaughton, Callahan, and Borkowski were in favor/ Marion and Bishop were opposed. The motion to deny was approved 4-2.] Text Amendment—Section 3-080(D)(6)—Commercial Off-street Parking, Bicycle Racks Ms. Otto—This comes to you from the Bicycle Friendly Committee. Like Planning Commission,this is a committee of appointees by City Council. The Bicycle Friendly folks are asking for consideration for commercial parking lots. The current code allows 1 required parking space to be substituted with a rack or racks that accommodate 8 bicycles. What is before you is a request to increase that for larger size parking lots. A lot that has a required parking space requirement of ten or fewer would still only be allowed the 1 substitution. If a parking lot requirement falls between 11 and 49 spaces,they would have the option to substitute 2 required spaces for what would be the equivalent of racks for 16 bicycles. For a lot that is required to have 50 or more parking spaces, they would be allowed to substitute up to 3 required spaces with bicycle racks. Mr. Borkowski—Previously there was just one no matter how many parking places were there? Ms. Otto—Yes. Mr. Borkowski—This gives them the flexibility to have more, it is not a requirement, correct? Ms. Otto—It is not a requirement and it would be at their discretion. We've seen some of the larger lots that have been required for some of the larger commercial projects. By the time you get over a threshold at some point,you end up with more parking spaces than you need in some areas. This would allow some of the larger ones, and I'm picturing 211 Butler,you've got a substantial parking lot there. They actually installed more than they had to but for the most part that parking lot is not filled. It would give discretion to a developer who has crossed over the point of actually needing so many spaces to instead accommodate bicyclist instead of having to designate more parking spaces.There is a note in this proposal that any substitution of bike racks would not reduce the number of required handicapped spaces. The calculation for the number of spaces that have to be ADA accessible would remain on the total number required. Mr. Bishop—This just allows us to really push the idea to be bicycle friendly and green. Ms. Otto—It does. Mr. Marion—Any other questions for staff? [There were none.] Is there anyone from the public that would like to address this? [There were none.] At this time I will close the public hearing. Is there discussion or a motion? 6 20131212CityCouncilPacket Page 178 of 233 20131206/jrl Mr. Bishop—I make a motion to approve. Mr. Borkowski—Second. Mr. Marion—I have a motion to approve and a second. All those in favor please signify. [Vote was unanimous.] Text Amendment—Section 6-080(H)—Signs in Parks—Conservation District Ms. Otto—At the entrance sign to the island after you cross the bridge and in Memorial Park, those are the two locations where residents can apply to have banners put up. The current ordinance is Article 6, Section 080. Since it was put into place it has not been modified in any way. What is before you would assist staff in administering these banner permits. One of the changes it specifies is the number of days. All special events want to make use of these locations and the coordinator often has to deny or not be able to grant as many days as needed for their events. One proposed change would allow banners to be placed 8 days prior to an event; current ordinance allows 15 days. It would require the removal of a banner within 24 hours after the event; now it is 2 days. This is an attempt to free up those spaces and allow more banners to be installed by different organizations. There is currently no charge to use these sites and this ordinance would amend that to a $10 fee per permit issued. Permits are generally multiple days and it would be $10 for the entire permit, not$10 per day. Finally, it does give precedence to a one-day event that has never had a banner permit over any other banner permit previously issued. The routine events happening every week or once a month, like the Legion dinners, they have received their banner permits and they, by right, can have those spaces. We are running into situations because there are so many Legion dinners every month that occasionally there is a new event that has applied that has not been able to get a permit because it has already been reserved. It would only occur one time for one new event and it would allow them to overstep someone that is perhaps month to month been granted permits. Mr. Marion—So I understand correctly, if I'm the American Legion and I want to have a chicken dinner every Thursday for the next ten years, I would pay one$10 fee and that would reserve my space? Ms. Otto—No. In that situation you are granted a monthly permit and it would be $10 for each month. The Facilities Coordinator is Karen Reese and she is a Department of Public Works employee and works in City Hall. She and the City Manager have reviewed this and both had input on this wording before you this evening. Mr. McNaughton—It sounds like there would only be one banner at a time so why would someone be bumped when the ordinance says there is no limit to the number? Ms. Otto—There is a limit. The Tybee sign location can accommodate two banners; there is a higher and a lower space. At Memorial Park, it is two-sided so it could theoretically hold 4 different banners but you typically see two,the top and the bottom one. The first paragraph is current ordinance talking about the permit signs. These banner permits which are discussed in the second paragraph, are not related to the first paragraph. Mr. McNaughton—It confused me. Ms. Otto—When the banner concept came into play several years ago,this was identified as the code section to add it into but that first paragraph is the original code section for that zoning district. Mr. Marion—Looking at the $10 cost per permit, how did they come up with that number and did they consider an elevated cost during peak season or holiday times? Ms. Otto—To my knowledge, no. There was a request by the Facilities Coordinator that a fee be imposed and the City Manager communicated the $10 fee to me; I don't know how she came to that. For businesses who want to install temporary banners,the Planning and Zoning Department works with those and there is a separate code section. The fee for those is $15 for a 30-day period with a limit of three 30-day periods per calendar year. 7 20131212CityCouncilPacket Page 179 of 233 20131206/jrl Mr. Marion—Does the City of Savannah impose the same type of fee? Ms. Otto—I don't know of a location in Savannah that allows these non-profit banners. I should mention that it had said they were for advertising special events. There was a question what constituted a special event and there is language now to clarify that it is a City approved special event. A special event for me may be my husband's birthday but that is not the intent of these locations. It is intended to be as it now states for City approved special events. Mr. Bishop—If it is an off-island event, but a non-profit wants to advertise here, can they do so? Ms. Otto—No. The City approves special events and/or events sponsored by Tybee Island non-profit organizations that have qualified for City of Tybee Island community service award. The first special events category that the City approves are those who work with our Main Street Coordinator with a special event application that goes before Council. These are things like parades and festivals that actually have to apply and there is a range of different ones that must have City approval to occur within the City. The second category is the non-profit organizations that qualify for a community service award. Each budget year, non-profits within the City are notified that it is time to apply for their annual budget grants, as they sometime call them. Instead of saying grant, it says it is a community service award and those are groups like the Garden Club,Tybee Beautification,American Legion, and all the different non-profits that receive funding from the City on an annual basis. This would limit it to only those two categories as being eligible to use these two locations to post their events. Mr. Borkowski—The maximum duration is 30 days? Ms. Otto—No. The 30 days are the ones that staff issues for commercial locations. Typically when a new business goes into a location they haven't ordered their permanent signage and they want to put up a banner. This ordinance that you are considering has nothing to do with those locations. Those are handled in the Planning&Zoning Department and they are eligible for a 30-day banner permit at$15 to temporarily mark their site until their permanent sign arrives. The ones before you are not for commercial locations. Mr. Borkowski—How long can they have them up? Ms. Otto—Eight days before and it has to be down within 24 hours after the event. Mr. Borkowski—How long can the event be? Ms. Otto—The events that I'm accustomed to seeing are generally either single day events or maybe a 3-day weekend event. I think Pirate Fest ran 4 days. It would be the duration of the event. I think the Wine Festival is now stretching into 4 or 5 days but it is the duration of the event for$10. Mr. Marion—Do political banners fall into this category and will those individuals be required to pay a fee as well? Ms. Otto—With this language, if adopted,they would not fall into either of these 2 categories. Mr. Marion—Would they just seek permission to hang a banner? Ms. Otto—They wouldn't be eligible to apply. They don't fit the criteria as this proposal is worded. Mr. Marion—Is there anybody from the public that would like to address this? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Ms. Bramble—I move that we approve as written. 8 20131212CityCouncilPacket Page 180 of 233 20131206/jrl Mr. Bishop—Second. Mr. Marion—All those in favor please signify. [Vote was unanimous.] Text Amendment—Article 8—Flood Damage Prevention Ms. Otto—Currently the City of Tybee has adopted what is called a 1-foot freeboard. The flood insurance rate map, as distributed by FEMA,tells homeowners to what base flood elevation construction is required for new construction and substantial improvement. In September 2008,Tybee adopted that construction had to exceed that by one foot and it is called the 1-foot freeboard. Because Tybee has adopted this higher regulatory standard,the City receives credits on the Community Rating System which currently Tybee is a class 7. The request is whether it should be considered increasing the 1-foot freeboard to perhaps 2 feet or 3 feet to increase the number of credits the City receives so that we can at least maintain our Class 7 rating and perhaps improve on it. The Community Rating System does offer many points in this category if you adopt this higher regulatory standard. When the 1-foot was adopted in September 2008, all of Chatham County adopted it. It came from the State of Georgia's Flood Damage Prevention Ordinance and it had the 1- foot in it. Chatham County, City of Savannah, Pooler, Garden City, adopted the 1-foot freeboard. There is no other municipality,that I am aware of, that is pursuing increasing the amount of freeboard. This is something that Tybee has identified working under the Biggert-Waters Act. As you know the potential increases to flood insurance could be offset if Tybee had a better classification under the CRS program. Currently everyone gets a 15%discount under the Class 7 and if we can maintain that or improve it, it would at least keep the 15%discount or improve it to 20. There are numerous materials in your packet from the CRS manual and from Article 8 and the different places where it talks about the current 1-foot requirement. If it was proposed to adopt a change, each of those would be corrected to perhaps 2- foot or 3-foot,whatever your will may be on this item. Mr. Marion—This is a big benefit to the island. Ms. Otto—For those that have flood insurance. Mr. Callahan—The chart on page 430-12, showing the 1-foot, 2-foot, and 3-foot freeboard and various restrictions, where do we fall right now? Ms. Otto—Right now we fall under 1-foot and we do not prohibit fill. We would fall under the first one that says "No Fill" in restrictions. Currently we are getting 100 points. Mr. Callahan—Are you recommending that we go for 3 feet and put further restrictions on it? Ms. Otto—I'm not recommending anything. This has been sent to you by City Council. They received a recommendation from Jimmy Brown,who is the Emergency Management Coordinator for the City and our CRS Coordinator. When he was tasked with finding additional activities to do for credits, he reported back to Council that adopting a higher freeboard would be one recommendation he had. His second was identifying open space areas under the CRS manual that you can get credits for. It doesn't require any action yet as they are still surveying and identifying these potential open space areas that could be designated. Because this is in Article 8, it is a Land Development Code change if we were to adopt a higher freeboard. This came to you after Jimmy Brown had given his report to Council and they directed that Planning Commission consider this item. Mr. McNaughton—If the City adopted a higher freeboard would that only apply to future new construction? Ms. Otto—It would apply to new construction and to what are called substantial improvements. At times we receive permit applications for a significant amount of work on a home that is not currently at base flood elevation. If they choose to improve beyond 50%of the value of the structure, they are required to bring the entire structure into compliance and that would mean retrofitting to the freeboard Tybee currently has on the books and now that is 1-foot. 9 20131212CityCouncilPacket Page 181 of 233 20131206/jrl Mr. McNaughton—If the City went to 2 or 3 feet and if no houses were retrofitted for the higher freeboard, or there was no new construction,would we still get credit? Ms. Otto—Yes. Mr. McNaughton—Does anyone have a cost benefit analysis because there is obviously a cost for lifting? Ms. Otto—I don't have that information. I know when Tybee adopted the 1-foot because it was statewide and Chatham County. I heard at that time it was an additional $10,000 on a typical home to add that extra 1-foot. I don't know if that would extrapolate that if it is 2 feet now, is it$20,000; I don't know if it is$10,000 per foot or not. I did spend some time looking at elevation certificates to prepare for this evening's meeting. I looked at 12 elevation certificates for single-family homes permitted within the last year. Of the 12, I broke them out into whether they were meeting Tybee's 1-foot requirement or were they exceeding it and going into the 2-foot, 3-foot, or building over the 3-foot. One chose to meet the 1-foot freeboard that Tybee has adopted, 1 chose a 2-foot freeboard and 3 used 3-foot freeboard. These homeowners,without the City having done anything, in addition to the 15%discount they are receiving because Tybee has a Class 7 rating,they have exceeded FEMA's requirement by 3 feet. Because they have done that,they will get a discount on their flood insurance because of their home exceeding the requirements. If you exceed their base flood elevation by 3 feet or more, that is the maximum, you receive the best rates on your structure. Seven of the 12 were actually built 4 feet or higher above base flood elevation. The reason this is so typical on Tybee is because we tend to have small lots and when homeowners must elevate to meet the base flood elevation and another foot for the freeboard,they choose to elevate for parking under their house and have storage and access stairs into the house. Of the 12 that I looked at from recent projects, 1 was at 1-foot, 1 was at 2-foot, 3 were at 3-foot, and 7 were built 4-foot or higher than they had to be. There is another component to this. On the freeboard,we require the habitable space to be a foot higher than base flood but also require the equipment that services the structure to meet the 1-foot freeboard. What you typically see at Tybee are outside condenser units on platforms. When I'm working with contractors I recommend that they get the platform the same height as they are elevating the house to take advantage of that discount. If the house is 3 feet or more higher but the mechanical unit only meets the 1-foot freeboard,they are not going to get the best rate they could get. Of the 12 elevation certificates, not all of them were finished as some of these are still under construction;there are 6 that currently have their equipment set. Of the 6 that are finished, 1 met the 1- foot requirement, 2 met the 3-foot, and 1 met the 4-foot. What is important in adopting this freeboard is to think not just about the finished floor of the living space but also if we went to a 2 or 3-foot freeboard,the equipment has to be up that high as well so you would see higher platforms. Mr. McNaughton—Are any of the houses with the 4-foot freeboard coming anywhere close to the 35-foot height restriction? Ms. Otto—No,they take that into account. They come close but they don't exceed it. With a 10-foot garage, a 10-foot first floor, a 9-foot second floor, and a flat roof,you can get your 35 feet in that space. It affects the roof structures more than anything. Mr. Callahan—Going back to the chart that I referred to earlier, could you help us understand what the 2 restrictions are in dealing with fill and compensatory storage? Ms. Otto—I understand the fill. FEMA would choose for a higher regulatory standard for a community to adopt no fill. That would keep homeowners from not bringing fill onto the property and artificially using that to elevate out of base flood. They would prefer that natural be left natural and we don't have an ordinance that prohibits fill. It is not unusual for a lot to be elevated but we do require a drainage plan so that the higher elevation is not going to cause drainage issues to the adjacent properties. With the storm sewer system we have, homeowners generally choose to elevate the ground and have a higher elevation because of the fill. We base the average grade that the 35 feet is started on before any fill but we don't prohibit fill from being used. 10 20131212CityCouncilPacket Page 182 of 233 20131206/jrl Mr. Callahan—It's usually only a foot or 2, correct? Ms. Otto—It's not mountains. Mr. Callahan—You are saying this no fill restriction will mean none. Ms. Otto—No fill would be allowed, you would have to build at natural grade. Mr. Callahan—What about the compensatory storage? Ms. Otto—I do not know enough to talk to you about that tonight but I would be glad to look into it. Mr. McNaughton—If we had fill prohibited we would get a substantial number of points, correct? Ms. Otto—Yes,there are a lot of points available there. I don't know of any other communities that have adopted the no fill. Griffin, Georgia is currently a Class 5 community and I would be curious to know if that is one of the avenues they have chosen to receive additional credits. They have adopted the 3-foot. Mr. Bishop—You mentioned Jimmy Brown in his discussions with Council was indicating that by going from 1 to 2 or 3, that would be a way of generating additional dollars of savings on flood insurance. How did he equate from 1 to 2 to 3 to the amount of dollars? How does changing the additional freeboard equate to dollars and does that equate to what is going to be required since Biggert-Waters is currently being challenged in court as well? I'm concerned about dollars and cents to our property owners who may find themselves in renovations having to spend more dollars because of additional freeboard because of Biggert and Waters and others. I have a question on how all this equates to our citizenry and I don't know what Jimmy found. Ms. Otto—I think I can touch on it but I certainly can't answer all of that for you. The way the community rating is setup, it takes 500 credits or points to move up or down the scale. Tybee used to be a Class 8. By additional activities under the CRS program, we received enough points to get a Class 7. When that happened in 2009,Tybee only had 4 points over to be in a Class 7. It would take 496 more points to get a Class 6. Jimmy Brown has identified open space and freeboard because those are big targets to get big points. That is where FEMA has identified if you adopt higher regulatory standards in these areas and designate lots of open space and higher freeboard,which is good for the community. If an event occurs these homes are less likely to be damaged because they exceed the requirements. Open space preservation allows the displaced water to go somewhere that is not damaging something. They like those two areas and that is the areas that Jimmy is promoting for Tybee to get these 496 points for a Class 6. Another twist in all of this is when the 2009 Class 7 rating was granted, it was under a different manual. Just this year, FEMA put out a new CRS manual and they have shifted where you can get points. That table that we looked at for the 1-foot freeboard may not have been as many points under the old manual as the 100 points it showed for the 1-foot freeboard under the new manual. They bumped up the open space credits and lowered the points for doing the outreach activities that Jimmy does to educate the public. They have added some new activities where you can create different things to get different points. When you think about the Class 7 that we have now and the 5-year cycle visit next year,the incentive is to find groups of 500 points that would shift the next class rating. The talk about how does that compare to Biggert-Waters and the potential increases to flood insurance, I don't know. I know under Class 7 that residents get a 15%discount. If we were able to obtain a Class 6, it would be a 20%discount. The City's position is if we can do that and offset these increases that are being proposed, as a City that is what we need to be doing. Mr. Callahan—Going back to the chart, where did you say we stood right now? Ms. Otto—Currently we have the 1-foot freeboard. To my knowledge,we don't prohibit fill and we are not doing compensatory storage. 11 20131212CityCouncilPacket Page 183 of 233 20131206/jrl Mr. Callahan—We are currently getting 100 points. Ms. Otto—Yes. I should say we are going to get 100 points under this new manual. I don't know how many points were granted under the 2009 manual. Mr. Callahan—If you look at the 3-foot line and go over to "Fill Prohibited"you get up to 500 points which is a difference of 400 points. Mr. Marion—Is there any way we can have Mr. Brown talk to us to define the unknowns? Ms. Otto—I think you have the power to request staff to assist you. Mr. Bishop—You said Jimmy presented this to Council. Did he have a recommendation? Ms. Otto—Three. Mr. Bishop—If you move to the "Fill Prohibited"that simply says you won't build on fill and that still allows piers and other things to be used. You can still fill you just can't build on the fill with a foundation, is that correct? Ms. Otto—My understanding is if you are issued the topographic survey that was taken predevelopment that would be the same topographic results after the development. You wouldn't have changed any elevations on that property throughout construction other than perhaps installing swales that will direct the flow better but you are not going to bring any fill in to artificially elevate it. Mr. Bishop—I tend to agree. My main concern with all the issues concerning Biggert-Waters is I don't know the nexus here and I don't know what the impact of our freeboard change would be if there is any. Ms. Otto—The Biggert-Waters, or the Flood Insurance Reform Act of 2012, is impacting homes not built FEMA compliant for the most part. Construction as we currently have with the 1-foot freeboard won't see an impact from Biggert- Waters currently because that is not where they are focusing their proposed rate increases. They are focused on secondary homes and structures that have been grandfathered over the years with subsidized premiums. Mr. Bishop—It will have an impact on substantial improvements of existing residences. Ms. Otto—Yes. Mr. Bishop—I know the new construction is primarily not going to be an issue. Ms. Otto—Correct. Mr. Marion—What is the impact on the existing residents or what is the percentage of the ones that would see an impact for improving their home at 50%or more? Ms. Otto—We have many of them. They have to choose wisely because of our additional higher regulatory standard of 5 years on those improvements. Residents are delaying improvements to stay below the 50%and not have to come into compliance. FEMA requires a 1 year 50% rule but Tybee has adopted a higher 5 year so the improvements over a 5 year period can't exceed 50%. If the homeowner has exhausted all 50% in the first year, they have to wait 4 more years before they can do any further improvements to their structures. What I'm generally seeing is homeowners are not choosing to make their homes FEMA compliant. Mr. Bishop—Mr. Brown recommended 3 items based on his research. 12 20131212CityCouncilPacket Page 184 of 233 20131206/jrl Ms. Otto—Based on the schedule of points available. Mr. Marion—Can we appeal to staff to have Mr. Brown attend our next meeting so we can get some clear answers. Ms. Otto—Yes. Mr. Marion—Do we have anyone from the public that would like to address this? Rusty Fleetwood came forward and introduced himself. Just as you had a lot of questions regarding the proposal that was presented to Council, I don't think right now that anybody has enough information to determine the pros and cons of all the impacts this may have. I know Jimmy is on it and he has looked at it. It was basically thrown into everybody's lap and the effects can be far ranging on both ends. Mr. Marion—Is there anyone else from the public that would like to speak to this? [There were none.] Are there any more questions? [There were none.] Dianne, do we table this for our meeting in December? Ms. Otto—Yes, December would be good. Mr. Callahan—Do we need a motion? Ms. Otto—No. I will take it as staff direction to have the CRS Coordinator here at the December meeting. Text Amendment—Section 3-060(A)(9)—Bed and Breakfast (Residential), Parking for Special Events Ms. Otto—Before you is a proposed change to item (A)(9). This section talks about the allowance that residential bed and breakfasts may apply to have small special events not to exceed 20 guests. There have been questions every time this has come up about whether additional parking needs to be provided for a bed and breakfast that is granted the allowance to have up to 20 people at a special event. It was recommended to bring this before you to determine whether or not to impose such a requirement. This is open for denial, approval, or modification as you see fit. The text before you would require that 4 additional parking spaces be required on the property if a bed and breakfast is to be granted this special event allowance. What has been done is a lot of discussion but never any firm determination on whether the number of spaces required for the owners and the number of guest units are adequate. Are they the same people attending the special events? Do we need any more parking? The code never spoke to it. As proposed,this would clarify 4 more parking spaces are required if you are going to apply for special events. Mr. Marion—When it comes to this ordinance, how many are on the island that fall into this category? Ms. Otto—Two that I can think of. Two residential bed and breakfasts have been through the process and been granted allowance to have special events of up to 20 people. Mr. Marion—Can you tell me which ones they are? Ms. Otto—The Lighthouse Inn on the corner of Meddin and Cedarwood and the one operated by the Kildays which is Tybee Inn. Mr. McNaughton—The intent of this is to have 4 additional parking places on the property? We should add the words 'four vehicles on the property'. To me it sounded like I need 4 more parking spaces anywhere I can find them. Ms. Otto—I understand what you are saying. I can tweak that language to clearly state that 4 additional parking spaces on-site are required. 13 20131212CityCouncilPacket Page 185 of 233 20131206/jrl Mr. McNaughton—Since we don't know how many parking spaces there are on the current bed and breakfasts, could any of them meet that requirement? Ms. Otto—I did not review the 2 that have been granted as this would not be applicable to them. This would be any that came before you if this were adopted. If I recall,the one most recently denied only exceeded the number required for the owners and the number of guest units by 1 so she would not have qualified under this proposal. Mr. Marion—Do we see any potential unseen hardships by creating a scenario where there is somebody that wants to have a bed and breakfast but they have no space because of a substandard lot their house is on and nowhere to put the 4 vehicles? Ms. Otto—It would be a hardship. It wouldn't be a hardship being a residential bed and breakfast but to have the special events for less than 20 people,they would not meet the criteria. Mr. Marion—Other questions for staff? [There were none.] Is there anyone from the public that would like to address this? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Ms. Bramble—I'm not sure if this will work because we have such a parking issue. Ms. Otto—Your comment at a prior discussion was maybe 4 isn't adequate. You said, I believe, that people don't come 4 in a car; they come 1 or 2 in a car. If you had a recommendation for a higher requirement, that is certainly something that you can recommend. Mr. Borkowski—I think what this does is protect the people in the residential areas. If the bed and breakfast wants to have a special event and provide transportation from an alternative parking lot, that is the responsibility of the bed and breakfast. If they want to have the event and are going to have extra cars, they need to hire a shuttle or something; it doesn't have anything to do with the City. When they say not to exceed 20 guests, does that mean people in addition to those staying there? Ms. Otto—That is another aspect of this. The owners of the bed and breakfasts say the guests at the inn are the guests at the special event. Maybe this needs more work to clarify that it does not matter whether they are guests or not,the limit is 20 people at the facility at any one time and the parking that is to be provided is 'X' or whatever you come up with. Mr. McNaughton—If this was adopted requiring 4 additional parking spaces beyond their requirements and someone wanting to hold a special event was willing to bus the people in, would they be prohibited from having this special event? If they bussed the people in but didn't have the 4 parking spaces, could they even hold it? Ms. Otto—The first sentence says they must come for Special Review. If they are granted special events then they could do it that way. Mr. Marion—I think at this point it is safe to say we should re-address this in December. Text Amendment—Section 3-220—Amusement Parks Ms. Otto—I had input from you at the last meeting on this item and this proposal certainly doesn't represent everybody's input that evening. There was some opinion that this section should be struck from the code to match what the City has been allowing. What is before you falls more towards what the City is allowing. This has been through the City Attorney's office for review and initially went with discarding the amusement park theory since we don't have one. The City Attorney was not in favor of removing it due to the potential some developer could apply for it and we didn't have anything on the books about amusement parks. He would prefer that the language stay in but add to it the discussion we had about these areas of commercial amusement within a festival. This now includes both and it does go 14 20131212CityCouncilPacket Page 186 of 233 20131206/jrl to the previous discussion that such areas, whether it is an amusement park or an area of amusement, is required to be securely fenced with prominent signage at each entrance that no alcohol is allowed beyond this point. For the amusement park it prohibits the sale and consumption on the property; for the area within, it is just the consumption. Mr. Borkowski—I like it. Mr. Marion—A fundraiser,for example, movies on the lawn between the YMCA and the park by the playground, and let's pretend this has been approved by Council so there is a beverage permit and general concessions. In this particular scenario,this one-time event might also have bouncy houses where they can slide down. Would that fall into this category as something that would need to be governed by this ordinance as opposed to Pirate Fest where they had the Ferris wheel and other things fenced off? Ms. Otto—The first one you described,was that open to the public? Mr. Marion—Yes. Ms. Otto—Yes,for that area of amusement where the bouncy houses or slides are, under this ordinance it would be required to be fenced and no alcohol beyond this point. Mr. Marion—Other questions for staff? [There were none.] Is there anybody from the public that would like to address this? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Mr. Borkowski—I make a motion to approve. Mr. McNaughton—Second. Mr. Marion—All those in favor please signify. [Vote was unanimous.] Consideration of adoption of updated Zoning Map—Section 4-020—District Boundaries Ms. Otto—This final item has been a long time coming. If you recall there had been 3 areas identified after the C-2 charrette was done for potential rezoning: Eagles Nest, Laurel Avenue and the North Wave area. With those 3 having been dealt with, the next task was to adopt a zoning map that reflects all of the changes that have occurred. We have not had an updated zoning map since 2008. The official map is in the room as is the proposed zoning map that is for consideration this evening. Rather than the black with red lines of the current map, this new proposed zoning map is colorized to depict the different zones. There is an 11 x 17 that we are continually tweaking. It has changed a little since your packets have gone out but for the most part you are seeing a finished product. The City Attorney's office has put in feedback on how that text box that says "Map Officially Adopted"will be modified to reflect this next adoption date. We have worked with the Coastal Regional Commission that has been working to make this map all it can be. The goal here was to get it as large as our current zoning map when it prints on 11 x 17 so you can identify individual parcels. You can identify the zoning for those parcels based on the color and legend in the table below of what each color represents. There are no proposed zoning changes for any lot on this map. There is no rush on this but I don't expect this to take a long time either. If there are any issues you would like us to work with the map preparer to make clearer for you, please let us know. If you want to see it back with changes or if you choose to move forward and send this to Council, it is going to be probably February of 2014 before this will get through the required readings before Council and officially adopted. It is an important item that if not properly handled could negate all prior zoning on the island. We must move very cautiously with this and have it properly advertised and conduct meetings and public hearings appropriately. Mr. Borkowski—Which one is the current map? Ms. Otto—The one with the red lines is the current map. The one at your seat this evening is the most recent version of the colorized. When the packets had to go out last week we were still fine-tuning through emails with the Coastal 15 20131212CityCouncilPacket Page 187 of 233 20131206/jrl Regional Commission on how to make it a little clearer and a little easier to understand. It is hard to get so much information on an 11x17 sheet but that is the largest size that staff is able to print in color. It will have to be taken into Savannah to a printer that can print the larger versions that will be the actual official map. Mr. Marion—Are you asking for a vote? Ms. Otto—If you are comfortable with moving this forward to Council, it will be on December 12th. The City Attorney has advised he would like it introduced at their meeting in December but then have 2 public readings which would be January and February. Because of the critical nature of how a city adopts a zoning map it needs to be very,very delicately processed so it is not challenged later. Mr. Marion—The City Attorney is suggesting they would like to have this introduced at the December Council meeting? Ms. Otto—There is no rush. If you are ready tonight to move it forward to Council, it would go to them in December. If you prefer it come back to you in December that is fine too. Mr. Bishop—Is the ordinance with Teresa and Byers, is that incorporated here? Ms. Otto—Yes,the one lot that was rezoned is under the word 'Lane'. Mr. Bishop—Okay. This incorporates everything that has been done as of today? Ms. Otto—Yes,the most recent being the lot you just mentioned. Mr. Callahan—Other than the misspelling of Tybrisa, I suggest we approve it and move on. Mr. Marion—Are there other questions for staff? [There were none.] Is there anyone from the public that would like to address this? [There were none.] At this time I will close the public hearing. Ms. Otto—Other than the spelling of Tybrisa, did you see any other corrections? Mr. Callahan—No, I didn't. I move that we approve it and move it along to Council. Mr. Borkowski—Second. Mr. Marion—I have a motion for approval and a second. All those in favor please signify. [Vote was unanimous). Do I have a motion for adjournment? Mr. Callahan—I make a motion to adjourn. Mr. Bishop—Second. Mr. Marion—All those in favor please signify. [Vote was unanimous.] Meeting ended at 8:45 PM Minutes bylerris Bryant 16 20131212CityCouncilPacket Page 188 of 233 20131206/jrl RESOLUTION FOR REACTIVATION OF THE TYBEE ISLAND DOWNTOWN DEVELOPMENT AUTHORITY(DDA) A RESOLUTION TO DECLARE THE NEED FOR A DOWNTOWN DEVELOPMENT AUTHORITY TO FUNCTION IN THE CITY OF TYBEE ISLAND, GEORGIA,PURSUANT TO THE PROVISION OF THE DOWNTOWN DEVELOPMENT AUTHORITIES LAW O.C.G.A. 36-42-1, et seq.TO APPOINT A BOARD OF DIRECTORS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY; TO DESIGNATE A DOWNTOWN DEVELOPMENT AREA; TO PROVIDE FOR FILING WITH THE SECRETARY OF STATE OF THE STATE OF GEORGIA OF A COPY OF THIS RESOLUTION; TO REPEAL CONFLICTING RESOLUTIONS; TO PROVIDE FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES: WITNESSETH: WHEREAS, it has been determined by the Mayor and Council of the City of Tybee Island, Georgia(the "City')that there is a need in the City for the revitalization and redevelopment of locations within the DDA boundaries to develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and to promote the general welfare of the State of Georgia by creating a climate favo et seq. rable to the location of new industry,trade and commerce and the development of existing industry,trade and commerce within the City; and WHEREAS, it has been determined by the Mayor and Council of the City that revitalization and redevelopment of areas within the DDA boundaries by financing projects under the Downtown Development Authorities Law(1981 Ga. Laws p. 1744; O.C.G.A. 36-42-1, et seq. -the"Downtown Development Authorities Law')will develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and will promote the general welfare of the State of - Georgia; and WHEREAS, it has been determined by the Mayor and Council of the City that is in the public interest and is vital to the public welfare of the people of the City and of the people of the State of Georgia to revitalize and redevelop areas within the DDA boundaries; and WHEREAS,the Downtown Development Authorities Law creates in and for each municipal corporation in the State of Georgia a downtown development authority for the purpose of revitalizing and redeveloping areas specific to the DDA boundaries of such municipal corporation and promoting for the public good and general welfare,trade, commerce, industry and employment opportunities and promoting the general welfare of the State of Georgia; and WHEREAS, the Mayor and Council of the City, after thorough investigation, have determined that it is desirable and necessary that the Downtown Development Authority of the City be activated immediately, pursuant to the Downtown Development Authorities Law,in order to fulfill the needs expressed herein; NOW, THEREFORE,BE IT RESOLVED,by the Mayor and Council of the City, and it is hereby resolved by the same, that there is hereby determined and declared to be a present and future need for a Downtown Development Authority(as more fully described and defined in the Downtown Development Authorities Law)to function in the City. PIhCityCouncilPacket Page 189 of 233 20131206/jrl BE IT FURTHER RESOLVED that there is hereby activated in the City the public body corporate and politic known as the"Downtown Development Authority of Tybee Island"which was created upon the adoption and approval of the Downtown Development Authorities Law. BE IF FURTHER RESOLVED that there are hereby appointed as members of the first Board of Directors of the Downtown Development Authority of the City the following named persons, each of whom shall be: (1) a taxpayer residing in the municipal corporation for which the authority is created; (2)an owner or operator of a business located within the downtown development area and a taxpayer residing in the County in which is located the municipal corporation for which the authority is created. One such director(authority member)may be a member of the governing body of the municipal corporation and not less than four shall be or represent a party who has an economic interest in the redevelopment and revitalization of the downtown development area(hereinafter defined). Name Term of Office Two Years Two Years Four Years Four Years Six Years Six Years Six Years BE IT FURTHER RESOLVED that commencing with the date of adoption of this resolution each of the persons named above as directors shall serve in such capacity for the number of years set forth opposite his or her respective name,however,that the terms shall be four years for those directors appointed or reappointed hereafter following the expiration of the terms of an initial board member expires. The term of a director(authority member)who is also a member of the governing body of a municipal corporation shall end when such director(member) is no longer a member of the governing body of the municipal corporation. BE IT FURTHER RESOLVED that the Board of Directors hereinbefore elected shall organize itself, carry out its duties and responsibilities and exercise its powers and prerogatives in accordance with the terms and provision of the Downtown Development Authorities Law as it now exists and as it might hereafter be amended or modified. BE IT FURTHER RESOLVED that the"downtown development area" shall be that geographical area described in Exhibit A, attached hereto and made a part hereof by reference,which area, in the judgment of the Mayor and Council of the City, constitutes the "DDA Boundaries" of the City as contemplated by the Downtown Development Authorities Law. BE IT FURTHER RESOLVED that the City shall furnish promptly to the Secretary of State of the State of Georgia a certified copy of this resolution in compliance with the provisions of the Downtown Development Authorities Law and the City shall furnish a copy to the Depaitinent of Community Affairs. PaRS212CityCouncilPacket Page 190 of 233 20131206/jrl BE IT FURTHER RESOLVED that the action taken by the Mayor and Council of the City as herein specified is not intended in any way to affect any public corporation, industrial development, downtown development, or payroll authority previously created by legislative act or constitutional amendment including, without limitation, its existence,purpose,organization,powers or function. BE IT FURTHER RESOLVED that any and all resolutions in conflict with this resolution be and the same are hereby repealed. BE IT FURTHER RESOLVED that this resolution shall be effective immediately upon its adoption by the Mayor and Council of the City, and from and after such adoption the Downtown Development Authority of the City shall be deemed to be created and activated. Adopted and approved this 12 day of December, 2013. Attest: Tybee Island Clerk of Council P 13T212CityCouncilPacket Page 191 of 233 20131206/jrl BOUNDARY DESCRIPTION OF DOWNTOWN DEVELOPMENT AREA The Tybee Island Downtown Development Authority boundaries shall consist of the area bounded by the city limits as of November 14, 2013 as depicted/described below: o ra> tr #3 y .,-^ -.;,..,f:41?af*■i4^1P1117: - **11141*°4*1. *N.'.",:7,,,"'..=:',i't.:.'1,:i!;.i.;,,:::',',‘:C'''':''''-',;..-:i' l.i,1":: f M . 4 $ { Comfier areas 3s6i N &K& E ei 34.7;4.;,,,s s`rdc'.'Dia%"1',HY' 3 �a F 8341h t'ae4-Vrktocrec., L ,, Pai®1f43$2'2CityCouncilPacket Page 192 of 233 20131206/jrl ORDINANCE NO. 36-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING SECTION 26-42, FIRE SUBSCRIPTION, FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, the governing authority desires to amend Sec. 26-42 of the Code dealing with fire subscription so as to add a section thereto and for other purposes; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 26-42, Fire subscription available outside city limits; agreement and payment, of the Code of Ordinances of the City of Tybee Island shall be amended to add subsection(c). SECTION 1 Section 26-42 will be codified and which will read as follows: Sec. 26-42. Fire subscription available outside city limits; agreement and payment. (a) Property owners living outside the city limits may subscribe for fire services. Service is to be provided when available under normal operating conditions. (b) Subscribers must sign an annual subscription agreement and prepay the annual subscription fee. (c) In the event a non-subscriber is provided services by the city fire department, the owner/occupant of the property shall be responsible for reimbursing the city for the cost involved in providing fire fighting or other emergency services on an hourly basis at the then current rate of service provided by the department. 20131212CityCouncilPacket Page 193 of 233 20131206/jrl 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. 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 20131212CityCouncilPacket Page 194 of 233 20131206/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/36-2013 fire subscription 10.28.13 20131212CityCouncilPacket Page 195 of 233 20131206/jrl ORDINANCE NO. 37-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING SECTION 26-41, FIRE SUBSCRIPTION RATES, FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, the governing authority desires to amend Sec. 26-41 of the Code dealing with fire subscription rates so as to add a section thereto and for other purposes; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 26-41, Fire subscription rates, of the Code of Ordinances of the City of Tybee Island shall be amended to add subsection(c). SECTION 1 Section 26-41 will be codified and which will read as follows: Sec. 26-41. Fire subscription rates. (a) Schedule of fees. Fees for subscribers and fees for nonsubscribers shall be according to the schedule on file with the clerk of council. For the years 2014 and beyond, each January, the subscription rate and fees for nonsubscribers shall be adjusted by the change in the Consumer Price Index for the immediate 12-month period. As used herein, "Consumer Price Index" shall mean and refer to that table in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, known as the "Consumer Price Index" for all urban consumers. If such index referred to shall be discontinued, then any successor consumer price index of the United States Bureau of Labor Statistics, or successor agency thereto, shall be utilized. (b) Exemption from subscription fee. Active members of the city fire department and retired members of the city fire department or their widows. (c) Time period. The subscription rate shall be for the calendar year from January 1 to December 31. This fee is nontransferable and is not pro-ratable. 20131212CityCouncilPacket Page 196 of 233 20131206/jrl 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. 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 20131212CityCouncilPacket Page 197 of 233 20131206/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/37-2013 fire subscription rate 11.04.13 20131212CityCouncilPacket Page 198 of 233 20131206/jrl ORDINANCE NO. 38-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING SECTION 66-104, LIMITATIONS ON IDLING VEHICLES, FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, the governing authority desires to amend Sec. 66-104 of the Code dealing with limitations on idling vehicles/engines running so as to add a paragraph thereto and for other purposes; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 66-104, Limitations on idling vehicles/engines running, of the Code of Ordinances of the City of Tybee Island shall be amended to add a new paragraph thereto. SECTION 1 Section 66-104 will be codified and which will read as follows: Sec. 66-104. Limitations on idling vehicles/engines running. No tour bus, motor coach, delivery vehicle, bus, commercial van may stop or part with its engine running for longer than ten minutes, except where necessary to refrigerate perishable items and except for passenger buses that remain occupied by other than the driver. Refrigeration units on delivery vehicles necessary to refrigerate perishable items shall be allowed to continue running even if the engine to the truck is turned off. O.C.G.A. §40-6-201 prohibits a vehicle from being left unattended without first stopping the engine, locking the ignition and effectively setting the brake. Unless it is necessary to leave the motor running to charge electronic devices, all City of Tybee Island vehicles must be turned off whenever the driver exits the vehicle. 20131212CityCouncilPacket Page 199 of 233 20131206/jrl 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. 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 20131212CityCouncilPacket Page 200 of 233 20131206/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/38-2013 Sec 66-104 idling vehicles 11.04.13 20131212CityCouncilPacket Page 201 of 233 20131206/jrl MAYOR :- CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett 'k Edward M. Hughes Torn Groover Cr '�irrU �> • �x:stisti 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: December 12, 2013 Item: Second Reading Explanation; Text Amendment—Ordinance 35-2013-A; Section 4-050, District Use Regulations; Subsection (C), R-2 One- and Two-family Residential District; Item (2), Users Permitted after Special Review; City of Tybee Island, petitioner; consideration of amendment to R-2 zoning district Uses Permitted after Special Review Budget Line Item Number (if applicable): N/A Paper Work: Attached* i 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: December 4, 2013 * * F.Q. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573 FAX (866) 786-5737 , City of ' Ethics y� www.cityoftybee.org 20131212CityCouncilPacket Page 202 of 233 2 tCK67jrl MAYOR CITY MANAGER Jason Buelterman 1 Diane Schleicher CITY COUNCIL e i 1 CITY CLERK Wanda Doyle, Mayor Pro Tem aW 4 Janet LeViner Barry Brown i Jan Fox CITY ATTORNEY .1§) Bill Garbett "�, Edward M. Hughes Tom Groover r46e I t+ ` ` Paul Wolff CITY OF TYBEE ISLAND Description: District Use Regulations Ordinance: Section 4-050(C) Zoning Action Requested: Text Amendment - FIRST READING Following any required Public Hearing, the Mayor and Council of the City, on the 14TH day of November, 2013, decided to APPROVE as presented. ,„ ..._i_AA.,...._ al". \ \ _ is---c5 Planning and Zoning Manager Date .f m-1. hc- Mayo /_t- A/(-2-1--f-' ////S1/43 Date) ate ,9 Cle 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 20131212CityCouncilPacket Page 203 of 233 20131206/jrl * NI, e of r4„.....,..„ PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: October 15, 2013 Project Name/Description: Section 4-050(C)-District Use Regulations R-2, One- and Two-family Residential District Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map 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 Motion to approve Borkowski X Bramble X Callahan X Second Marion X McNaughton X Parks Chair The Planning Commission recommends: /1 Approval Denial 0 Continued Add "Uses Permitted in R-1 after Special Review (Residence district)". C :\SY4,,\-7 Planning Commission Chair: ■.- Date: . (L" 1 3 Planning& Zoning Manager: 0 b6.0 Date: r ifj-No-13 20131212CityCouncilPacket Page 204 of 233 20131206/jrl Text Amendment Consideration of revision to Section 4-050(C), R-2, One- and Two-family Residential District Sec. 4-050. District use regulations. (A) R-1 residence district. This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single- family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. (1) Uses permitted by right. In a R-1 residence district, land may be used and buildings or structures may be erected or used for the following purposes: a. Single-family dwellings; b. Nonhabitable accessory buildings; c. Public utility structures; d. Home business offices; and, e. Public community buildings, libraries, recreation centers and museums. (2) Uses permitted after special review. In an R-1 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting: a. Bed and breakfast, residential; b. [Reserved;] c. Primary and secondary schools; d. Nursing homes and ancillary activities; e. Public parks and neighborhood playgrounds; f. Churches, including Sunday schools or educational buildings; g. Schools of general education, including kindergarten and day nurseries; h. Guest cottages; and, i. Home occupations. (B) R-1-B residence district. In an R-1-B residence district, land may be used and buildings or structures may be erected or used for the purposes stated above in the R-010 residence district regulations; the only distinguishing factor being one of density. [See section 3-090(1), "schedule of residential district dimensional requirements."] The purpose of R-010- B districts is to provide a transition from R-010 to higher density development. This is intended to ensure adequate infrastructure capacity and mitigate adverse impacts associated with more intensive land uses. (C) R-2 one-and two-family residential district. The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one- and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. (1) Uses permitted by right. In an R-2 residence district, land may be used and buildings or structures may be erected, altered, or used for the following purposes: a. Uses permitted in R-1 residence district; and b. Two-family dwellings, (see also subdivision regulations). (2) Uses permitted after special review. In an R-2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting. a. Ho^ upations Uses permitted after special review in R-1 residence district. 1 1/07/2013 20131212CityCouncilPacket Page 205 of 233 20131206/jrl ORDINANCE NO. 35-2013-A AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 4-050, DISTRICT USE REGULATIONS 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, the City of Tybee Island desires to amend Sec. 4-050, District use regulations, so as to clarify its terms; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Sec.4-050 is amended as reflected below as follows: SECTION 1 That Section 4-050 will be codified and which will read as follows: Sec. 4-050. District use regulations. (A) R-1 residence district. This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single- family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. (1) Uses permitted by right. In a 19-1 residence district, land may be used and buildings or structures may be erected or used for the following purposes: a. Single-family dwellings; b. Nonhabitable accessory buildings; c. Public utility structures; d. Home business offices; and, e. Public community buildings, libraries, recreation centers and museums. (2) Uses permitted after special review. In an R-1 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting: a. Bed and breakfast, residential; b. [Reserved;] c. Primary and secondary schools; d. Nursing homes and ancillary activities; e. Public parks and neighborhood playgrounds; f. Churches, including Sunday schools or educational buildings; 20131212CityCouncilPacket Page 206 of 233 20131206/jrl g. Schools of general education, including kindergarten and day nurseries; h. Guest cottages; and, i. Home occupations. (B) R-1-B residence district. In an R-1-B residence district, land may be used and buildings or structures may be erected or used for the purposes stated above in the R-010 residence district regulations; the only distinguishing factor being one of density. [See section 3-090(1), "schedule of residential district dimensional requirements."] The purpose of R-010- B districts is to provide a transition from R-010 to higher density development. This is intended to ensure adequate infrastructure capacity and mitigate adverse impacts associated with more intensive land uses. (C) R-2 one-and two-family residential district. The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one- and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. (1) Uses permitted by right. In an R-2 residence district, land may be used and buildings or structures may be erected, altered, or used for the following purposes: a. Uses permitted in R-1 residence district; and b. Two-family dwellings, (see also subdivision regulations). (2) Uses permitted after special review. In an R-2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting. a. Uses permitted after special review in R-1 residence district. 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. 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. 20131212CityCouncilPacket Page 207 of 233 20131206/jrl 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: 11-14-i3 SECOND READING: ENACTED: Tybee/Ordinances/2013/35-2013—Sec 4-050 district use regulations fr DO 10.17.13 Tybee/Ordinances/2013/35-2013-A-Sec 4-050 district use regulations 11.04.13 20131212CityCouncilPacket Page 208 of 233 20131206/jrl uo .: u) 3 a) ui o 0) a) -0 0 = 0) = 0 CO a) 0 a o N CD C C C t` c ai C C o .0 T. 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C U N _6 ' U O .O c Ca I a) I a) C U I c > C m O - L c c a Z ?` 3 -o CO -o a) -6 L rn Y ° g .3 ° °� O O C 0C Co C O C 0 0 • -6 O C a, N V- O (0 O = .. 7 C = .0 (6 c6 a0 - C c6 7 0 CD a E E o C o m o U a a) -c co co o= E • C co 0 " 0 a E a a o S 0 c.� v a a 0 O O O O O O C 0 O 0 U 1� N ca 13�L12City oun il�acLpcet 0 E 0 Facie 117 or 733- 2O1312O6/jrl a, GO A o .0 as cri — a 01 a on Y a La u E - 3 Ia N j `U u C C -o c ai ra a m w r o: fli m i Y n¢ �N C n a E ri c N ° _se_c v 9-1 I wt p C C N a' C V m an 4 O u o `u ON co- L L a N C 3 LL a C a ^ E a a s 3 w Y a p o ¢ .5 W w c ro 3 c0 �. a n. c "F-' c `, v 0 c m a c r0 o ro c c 9 ai 3 w c c as eo ?, c u L -j C Co 'oa m ?0 c c a Lb CO ¢ 0 O a •� 0 C T7 C Y '�-� U n 7 _C C O N • Y E C1 C a O ' a• O N a s N m p N T CO CO 0.1 e E - „ m o a n $ P. ° c aci c '° ° m 0 u p g .^ -0. ma v v cm CO o Cl c F mall i:+ Z a = i TYBEE ISLAND MAIN STREET BOARD OF DIRECTORS: Minutes: October 16,2013 Vision: To improve the quality of life for those that live, work and visit Tybee Island through a healthy business corridor and enhance the cultural experience while preserving the community's barrier island heritage. I I I I I I P I I I I I I I P I I I I I I I P I I I I I I I P I I I I I I I P I I I I I I I I I I I I I P I P I I I I O O 11111 P I P I l I l O O 11111 P I P I P I I O O 1111 P P I P I P P P P P P P P P P P P P I P I P P P P P P P P P I P P P I P I P P P P P P P 1111 P P I P I P P P O O 1111 P P I P I P P P O O 1111 P P I P I P P P O O 1111 P P I P I P P P O O 1111 P P I P I P P P O O 1 P P P P P I P I P P P P P P P P P P P P P I P I P P P P P P P 1111 P P I P I P P P P P P P P P P P P P I P I P P P P P P P 1111 P P I P I P P P O O 1111 P P I P I P P P O O 1111 P P I P I P P P P P P P 111 P P P I P I P P P P P P P 111 P P P I P I P P P P P P P P P I P P P I P I P P P P P P P P P I P P P I P O O I 1 I 1 I 1 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 1 I 1 I 1 I 1 1 DIRECTORS PRESENT: Katie Addis, Bill Garbett,Jim Glass, Vicki Hammons,Ted Lynch, Kelly Partridge DIRECTORS ABSENT: Monty Parks, Peggy Stone,John Yarbrough CALL TO ORDER Chantel called the meeting to order at 6:05pm. Directors agreed to have Chantel conduct the meeting in Monty's absence. MAIN STREET BOARD OF DIRECTORS MINUTES: AUGUST 21, 2013 Jim made a motion to approve the August 21, 2013 Main Street Board of Directors minutes. Kelly seconded the motion. The motion passed unanimously. VICE-CHAIR POSITION Jim made a motion that Ted serve as the Vice-Chair for the Main Street Board of Directors. Katie seconded the motions. The motion passed unanimously. MAIN STREET DONATION FORM Chantel reviewed the MS Donation Form she had emailed Directors with the meeting reminder and agenda. She explained that a company expressed interest in making a donation to the program. The form provides four categories for the donor to indicate where they wish their donation to be applied: 1) Main Street Community Events, 2) Main Street Design/ Preservation Enhancement Projects, 3) Main Street Communication Projects, or 4) Other(to be specified). Ted and Jim commented that this will be helpful with projects such as facade improvements and Community Day. Directors agreed making the form available is another step in the right direction for the program. They will consider needed use of donations per category as they are received. Jim expressed concern that during the City's budget process in coming years, donations made to MS should not be justification for decreasing the operating budget that assists the program. DOWNTOWN DEVELOPMENT AUTHORITY Chantel reported that the topic of activating the DDA is on this week's City Council workshop agenda. Billy Peppers with DCA is going to conference call in to address questions and/or concerns and to reiterate the process for being a pass through authority for grants/ loans from DCA and other such agencies. TYBEE SOUTH END BAR&RESTARUANT ASSOCIATION Directors discussed Tybee Pirate Fest weekend. Majority of reports thus far have been merchant sales were up, arrests were minimal and attendance seems to have been just as strong as year's past. TYBEE COMMUNITY DAY 2013 SUMMARY Directors and Chantel recognized and expressed gratitude for the contributions made by each for a successful 2013 Tybee Community Day event. Chantel distributed a breakdown of expenses for the Directors to review. This year expenses totaled $720.28. This total does not include the cost of food, which John contributes each year. The coordinator paid for supplies out of pocket and split the cost of the dunk booth with the YMCA. Feedback overall was complimentary and appreciative. The purchase of more water will be added to the event next year. Chantel presented survey feedback received from thirteen representatives that had information booths as follows: 20131212CityCouncilPacket Page 219 of 233 20131206/jrl 1) The top two objectives were to meet more people in the community and to inform people about their organization. 2) Objectives of the day were met by the majority. 3) There were between two and five volunteers at organization's display areas that day. 4) 100%agreed that the layout of the event at Memorial Park was suitable for their organization. 5) Majority of respondents reported that over 46 individuals visited their booth. Others reported there were 16-30 individuals or 31 -45 individuals. 6) 100%agreed that the day of the event was suitable for their organization. 7) 100%agreed that the set up time of 11:00am was suitable for their organization. 8) Majority agreed that the length of the event(1pm -5pm)was suitable for their organization. 9) 100%agreed that they would participate in Tybee Community Day next year. 10) 69%were extremely satisfied. 31%were moderately satisfied. Comments and suggestions for 2014 included the following: 1) Hot dogs/food should be sold and drinking water should be provided. 2) MS should have a donation jar. 3) The event was well organized and fun. 4) It is a great event for locals. 5) Separate the booths from the music more. THIRD THURSDAYS ON TYBEE Directors discussed whether or not to continue Third Thursdays on Tybee in 2014. Directors agreed to continue the concert series and look into adding activities during the performances such as an art show or a short skit with actors. Chantel stated that the 2014 Event Advertising Assistance applications are due to the Tybee Island Tourism Council no later than October 25. She will apply for$2,000 per season as she had done for 2013. COMMITTEE REPORTS Promotions: Katie reported that at the last promotions committee meeting there was discussion about having a trick-or-treat event on Tybrisa. This year, a few shops will have candy available for trick-or- treaters throughout the day. Progress with Tybee for the Holidays is being made. There are multiple merchants participating in this year's Community of Giving. She presented the poster she has designed for each location to hang. The poster has the holiday theme for consistency and lists all three agencies which can be checked as appropriate by each location. Small Business Saturday is coming together nicely. AmEx will be providing items for us to distribute to participating locations. Chantel is emailing updates as she receives them.The articles in the Breeze this quarter are focusing on Tybee for the Holidays. Design: Vicki provided an overview of the town hall meeting regarding the Biggert-Waters Act. Directors discussed the impact on merchants that own and/or lease commercial property and the historic buildings, specifically along Tybrisa. Vicki and others will look into insurance options for businesses, current rates and potential rates. OTHER BUSINESS N/A NEWS FROM DIRECTORS N/A ADJOURN The meeting adjourned at 7:08pm. 20131212CityCouncilPacket Page 220 of 233 20131206/jrl Tybee Island Historic Preservation Commission Minutes October 21St, 2013 Present: Sue Bentley; Bill Kriener; Dottie Kluttz; Bill Garbett, Chantel Morton, Cullen Chambers. Absent: Monti Parks, Neca Stoller. Motion to accept minutes from meeting of 8/19/2013. 1st by Bill Kriener, 2nd By Sue Bentley. All in favor. Discussion about Battery Fenwick. Discussion on how Tybee's height Ordinance is interpreted and how calculations are measured. Discussion about adverse affect new FEMA requirements will have on coastal historic preservation. Discussion about up- coming candidates and what questions HPC members should submit /and /or ask. Chantel asked about possible flood proofing . Meeting adjourned at 7:15. Submitted by : Cullen Chambers Historic Preservation Advisor. 20131212CityCouncilPacket Page 221 of 233 20131206/jrl INFRASTRUCTURE COMMITTEE MINUTES CITY OF TYBEE ISLAND August 8, 2013 5:00 P.M. ATTENDEES: Paul Wolff, Diane Schleicher, Tom Groover, Joe Wilson, George Reese, Barry Brown, Chris Stovall, John Giordano and Angela Hudson. Approve the minutes of the previous meetings—Paul Wolff called the meeting to order; asked for a motion to approve the minutes from the 7.11.13 meeting. Tom Groover motioned to approve. Barry Brown seconded. New Business: I. WFN Consulting—Preliminary Assessment Report II. LED Lights through GA Power—Joe Wilson states, I've received my final plan from Georgia Power; we have a complete inventory of our street lights now; I'm going to see if I can't meet with them to discuss putting in LED's; I will let Diane know of the meeting date and time, so if anybody wants to attend, they can. Old Business: I. Public Safety Building Update—Mayor Pro Tem Doyle a. Paul Wolff states that Wanda asked us to hold off on the Public Safety Building Update; she's going to do that at the regular meeting. II. Discuss New ADA Sidewalk on Eastside of Butler from 18th Street to 19th Street a. Diane Schleicher states, I put this on the agenda because it has been put in the budget; Joe Wilson and I had discussed getting letters out to the effected neighbors of the right-a-way, to let them ask questions about the project; also if they knew of anything in front of their property that we should be aware of they could also give recommendations or any concerns,they could voice that; the basic plan of the sidewalk project is to continue the same 5 foot sidewalk, in the City right-a-way, all the way to 19th St., because we have increased pedestrian traffic. III. Update on Sewer Force Main on Jones and Miller a. George Reese passed out a handout of what monies have been spent through 8-8-13; most of the material has been bought; basically I think it will be the end of the month before the job is totally completed; we have to go back and dress up driveways and that sort of thing; next week we should have #3 tied in. IV.Update on Ally 3 Project— a. GDNR is working on ramp agreement and reimbursement of cost—Joe Wilson states he talked with DNR today; they sent us a check for the cost of the mats on the 25th; I still do not have the municipal agreement; before I do any installation or buy material, I would like to have that agreement; 20131212CityCouncilPacket Page 222 of 233 20131206/jrl he's using the same municipal agreement that we have on the Pier; basically, they're paying for it, we just have to maintain it. V. Update on Jaycee Park Fields— a. Joe states that Sandy will be spraying herbicides, this next week to get rid of the weeds out there; irrigation is working fine; we'll go back and top dress and oversee with some Bermuda; I'm also ordering some clay; they wanted the infield done; we should be completed with the project, in the next 2 months. VI. Jones Avenue: a. Engineering for water lines including surveying has started—Chris Stovall (Thomas & Hutton)joins the table; the survey is now completed; I was out there looking at it today; I brought out a small set of drawings that we put together so far; basically, everything is looking good; I've got a few clean up things we'll do on that; I think we're still on a good schedule at this point; the only issue we'll have is, do we want to go ahead and get that force main at Hwy 80, as a part of it; I think that was the plan was to go ahead and add that into here; go ahead and get that out of the way; there were drawings done in the past to do that force main#6 at Hwy 80, but it actually was calling for an open cut; I checked with DOT; they will not allow an open cut; we will have to jack and bore that section; that's the $94,000 figure; basically replace from pump station#6,under Hwy 80, and then go about 250 feet farther, so we can tie back into the line at that point; we need to get that line replaced so we can actually get the water line in at Jones, while we're making the turn at Chu's. Diane asked how long it takes to do the jack and bore and what time of the night. Chris replied, it wouldn't have to be at night; it definitely would be done during the low season; it will be required that road will be shut down probably for 72 hours, minimal; it will take them 2 days to dig the hole; a week if everything goes smooth. Barry Brown states, what we're going to need to do, is detour people down Lewis Ave. or Miller; people down there will need to be notified that they will have an abundance amount of car traffic, coming that way. b. Paving is budgeted for project c. Recommended Sewer Line Improvements (added cost to project cost) i. Cost Estimate From Lift Station# 6 to N. Jones (Boring under Hwy 80)—George Reese states, if you go 4 feet, you're talking about well pointing; plus you're going to have to shore, or you'll lose the station; I don't think the $94,234 figure is enough; well pointing is expensive. Chris states he will check on that. ii. Cost Estimate for all of Force main#6—Chris states, we need to talk about the next phase of the work; if we are going to continue on with the Force Main, in the future; I talked with DOT about the directional drill of the line where it crosses the marsh; open cut will not be allowed because of the marshland set back rules; it may also be, that we could do a directional drill at this location; it would be easier to get through DOT, than an open cut would be; it 20131212CityCouncilPacket Page 223 of 233 20131206/jrl still may be an issue; under directional drill,the pit would be right on top of the ground and they would go down and up; we're already talking about a section on Hwy 80, to actually put in a directional drill, from the tie-in at the bend,up to, in front of the Chu's there, because there's so much in the way; it will cost more for us to replace all the sidewalks down through there; all the power lines from the new poles, to get in; my recommendation is to go ahead and directional drill that; it will cost about the same thing; we can directional drill that and talk to DOT and see if we can directional drill the force main under; that would be an option; the cost would be, close to the same; I'm not promising that they will let us go under the highway with that though; we can directional drill a casing, as well; that starts going up in cost; DOT will allow that but you can't do it with the budget that we have; I think we need to add this as part of the project. Chris states, if you want to talk about the rest of the#6 Force Main, there were preliminary drawings that were never stamped; the portions that would be different today, would be the jack and bore, under 80; and then, how do we get under the marsh. Barry Brown states, I think it would be to our best advantage to just do it all the way; we don't need 3 or 4 more blow outs in that marsh. iii. GEFA Loan Opportunities—Chris states, one issue is, you would need to get a water loan and a sewer loan; if you go through the Georgia funds, then you can combine them at an interest rate of 2.4%; no red tape; if you go through SRF, you have a drinking water fund and a clean water fund; so you actually have to get a loan out of both of them; for a water line project, you go through drinking water; for a sewer line, you go through the clean water; these are the ones that are the 1.4%, and up to 10%, principle forgiveness. Angela Hudson states, but they're not guaranteed; it's case by case; it's done by a ranking and scoring system. Diane Schleicher states, we wouldn't do well with that because we're a wealthy community; we wouldn't score well; Diane asked Chris, are you saying,with standard GEFA, and with us being a Water First Community, we can't get the 1% discount. Chris replies, you're right; instead of the 2.4%, it would be the 1.4%, on the Georgia fund, as well; you get rid of all the paperwork; those loans can be approved within a month's time; whenever they have their next meeting; we'll have the water line drawings completed and ready for review, in about 2-3 weeks; the Force Main drawings, again, there are drawings that are already done, by others; those potentially, could be utilized just with some modifications, at Hwy 80, that we'll go ahead and incorporate into the water line drawings; we can do an alternate bid for looking at either, an open cut at the marsh areas, or directional drilling. 20131212CityCouncilPacket Page 224 of 233 20131206/jrl Diane asked Chris if he had worked on a budget for the water line. Chris replies, I think we had one in our original RFP package; I can send it to you. Diane states, if this committee wants us to go after a GEFA loan for the water lines and this, I would like to combine that, if this committee approves it, and go to Council and ask for this to be moving forward. Chris states, I will go ahead and get a design permitted and a construction schedule of what we think and put it on a hand chart. Diane states,we also need an agreement now; Thomas and Hutton is only under contract for the water lines; we need a scope of service for this project, as well, for this committee to recommend. Paul Wolff states, so you're talking engineering documents ready in a couple of weeks; 30 day bid process; 90 days until construction starts; so we're looking at a total of lyear to lyear and 3-4 months. Chris replies, yes. VII. New AMR System: a. Installation in progress—George Reese states, they are on the second book now,putting the installation in; the first book is up and running; they're reading it; everything is working great. b. Staff training in progress VIII. TRAILS PROJECT: a. Project update: John Giordano joins the meeting; states, I just wanted to come and give everybody an update on the Trails Project; we're still in the environmental process of the project; right now we're continuing to get the ecology report; all of the other environmental special studies are completed,but in talking with Moreland, they want everything to be submitted at one time; in order for RLC to finalize the ecology report, one of the things they needed, and received from the City, was a state water determination, which they received last week; so now, in order to finalize it, they have asked for the buffer impact drawings, which Thomas and Hutton has started working on; we're going to get those together so they can put those in the ecology report and get that off; once they complete that, we'll get everything in to Moreland, for their initial review; then off to GDOT and Federal Highway, for final approval; the ecology report, the first draft, will address the impacts based on the boardwalk we had approved in the concept report for crossing the marsh area; once we get over to the rails to trails portion, we're going to discuss, maybe bringing in some fill to even it out; it's basically going to address those impacts. IX.Update on Beach Rake & Tractor Replacement a. Staff meeting with GDNR on 8.8.13 to go over GDNR permit requirements—Diane Schleicher states, Joe Wilson and I met with the DNR permitting folks; they gave us some paperwork; I'll be going through that; they did studies on beach rakes in California and Florida, different things; pros and cons. Joe states, basically what they are doing is outlining what we will need to file for a permit; we'll have to go through a 20131212CityCouncilPacket Page 225 of 233 20131206/jrl permitting status; we submit our permit based on where it's going to be done,how often it's going to be done; then a 30 day Public Notice; review it for 30 days; then we go to the committee with a permit. Diane states, we have to go through the permitting process; that's what Council had asked us to do; Joe and I are looking for guidance on this; they asked when we would like this from; spring to summer; St. Patrick's Day through Pirate's Fest; busy areas; right now they feel like they have an agreement for us to move the beach rack and so forth; they feel like they have a good agreement with us; would it be removing beach rack; would it be used on a daily basis for garbage. After a lot of discussion and opinions, Joe states, my personal opinion on this is, everybody review the information given to us, highlight your concerns and problems and then let's discuss this at the next meeting. Paul Wolff agrees. Diane states, I will make sure everybody gets a copy. With no further business to discuss, Paul Wolff asked for a motion to adjourn; Barry Brown motioned to adjourn; Tom Groover seconded. A quorum of city council members may be present which would constitute a meeting. Respectfully submitted by Karen Reese on 9.10.13 20131212CityCouncilPacket Page 226 of 233 20131206/jrl SPECIAL INFRASTRUCTURE COMMITTEE MINUTES CITY OF TYBEE ISLAND September 19, 2013 1:30 P.M. ATTENDEES: Paul Wolff, Diane Schleicher, Barry Brown, Tom Groover, Chris Stovall (Thomas & Hutton), Wanda Doyle, Angela Hudson and Joe Wilson. George Reese absent. Approve the minutes of the previous meetings—Paul Wolff called the meeting to order; asked for a motion to approve the minutes from the 8.8.13 meeting. Barry Brown motioned to approve. Tom Groover seconded. New Business: I. Alternative Water Supply—Paul Wolff states, I just want to throw in some good news about our alternative water supply; we've been going around in circles for several years now, about what's our best option; we've pretty much decided through Thomas &Hutton and Hussey, Gay, Bell and DeYoung, both, I think, that given the aquifer condition under us, going deeper, that our best option is going to be cretaceous; which Hilton Head as done; the water in the cretaceous aquifer is warm; it comes out at 120 degrees; it has to go through a cooling process; it has to go through a reverse osmosis process; then it gets mixed with a certain percentage of upper aquifer water and cooled again before it's delivered; the guy at Hilton Head said they're delivering it at 78 degrees; it's definitely an option for us; GEFA, in the next 2-4 weeks, will be making an announcement that, not only do they have low interest lows for this, but also grant money, for any City that has a sole source that cannot get its withdrawal permit for the upper Floridian increased; we should be near the top of the list for getting free money from the state; so I just want to suggest, with that in mind, that we hold off on any major studies, and see what's becoming available; I will update you when we hear from GEFA. Old Business: I. Public Safety Building Update—Mayor Pro Tem Doyle a. Wanda Doyle states, we are right on schedule with everything that's going on with the building; we are meeting every 2 weeks with the design committee, Elkins and Greenline; we're getting down to the wire with getting the budget where we need it; the construction cost is doing good; but when we look at the extra things, like the demolition, the relocation of the 911 system, having to remove some oak trees that we were not anticipating, it is adding to the construction cost; we're probably about $200,000-$300,00 up from where we want to be; what we've done so far, RFP wise, is the demolition; that number was put down on our sheets at 20131212CityCouncilPacket Page 227 of 233 20131206/jrl $182,000-$183,000; since then, Greenline has come back and said they think that number is a little too high; it's probably$78,000 higher than what they think it's going to be; when we put this out,what we're going to do is a bid for not recycle and also do one for recycling the material; we are looking at the demolition to be around the first part of November; we should be on schedule to start construction on December 3ra. II. Discuss New ADA Sidewalk on Eastside of Butler from 18th Street to 19th Street a. Project in FY 14 Budget—Diane Schleicher states, I just want to keep this in front of you; it's budgeted; we met with the property owners; haven't heard anything back on that; didn't know if you want Joe to go forward on this, as far as getting quotes. Joe Wilson states he would like to see a letter to go out to everybody before we do that; see if they want it or not. III. Update on Sewer Force Main on Jones and Miller: a. Project Completed IV.Update on Ally 3 Project— a. Status of Agreement with GDNR—Joe Wilson states, the mats have been ordered; should be here in a couple of weeks. V. Update on Jaycee Park Fields & Softball Infield Improvements a. Joe Wilson states, we added 1000 yards of red clay; they really like it; filled in the holes in the outfield; they appreciate that; probably all I'm going to do there. Tom Groover asked if Georgia Power could come out; the right center field light didn't come on Monday night; the old score board needs work; an electrician has looked at it and says it will take about $800 to fix it; can we get somebody to fix it?; I don't know if it's worth it; it's pretty old. Joe's response is inaudible. VI.Jones Avenue: a. Engineering for water lines has started—Chris Stovall states the drawings are at 90% stage; we're going to submit on the encroachment permit on 80; there is just enough room, if we want to, install that underneath the sidewalk; we can directional drill that; I was actually going to put in for the permit both ways; then take bids on it, either way. b. Paving is budgeted for project c. Recommended Sewer Line Improvements d. Discuss Possible Timeline for Project VII. Sewer Force Main#6: a. Thomas &Hutton Engineering Proposal for Review—Chris Stovall states we have a pseudo division 2 set up for the Force Main project; we could put everything together as one project with 2 sets of drawings, could save around $15,000; one thing we could do is have a division 1, a division 2 and allow them to bid either one, or both together; if you want both, then give us a deduct. Paul Wolff states, that's the way I'd like to see it go. Chris states, with that being the case, we looked at the options with GEFA; basically, the Water/Sewer Georgia fund is the best way to go; that's the State revolving loan, versus the Federal loan; the interest rate is 2.4%; with Water First, you would get 1.4%, and it's a much faster turnaround time. 20131212CityCouncilPacket Page 228 of 233 20131206/jrl b. Chris discussed handouts; the original fee for general consulting was $2000, for the meetings here; the additional $3000 is for a time and expense basis; the bid price of$3500 came down to $2500, due to tying the 2 projects together. c. Diane Schleicher asked if the committee wanted to make a motion on the Thomas &Hutton proposal for the Sewer Force Main, to go to City Council. Tom Groover motioned to approve the proposal from Thomas & Hutton. Barry Brown seconded. d. * Some material throughout this in inaudible. * VIII. New AMR System: a. Installation in progress—Diane Schleicher states, they're making process. b. Staff training still in progress IX. TRAILS PROJECT: a. Project update: Diane Schleicher states, according to John, they're still doing the environmental; no further updates at this point. X. Beach Rake &Tractor Replacement a. Committee Members Input to Staff on Information Provided by GDNR Staff—Tom Groover states, I think we need to do something; one is to make the beach more attractive, which it will do; and two, all this stuff we get in March, April and May, get it off of the beach; Tybee is a recreational beach; you can't have a recreational beach with all this stuff on the beach. Paul Wolff states, my personal opinion is, it's not worth it. Tom states, I would like to see what DNR would do about permitting; if they'll permit the thing, the City should start looking at it. With no further business to discuss, Paul Wolff asked for a motion to adjourn. Tom Groover motioned to adjourn. Barry Brown seconded. A quorum of city council members may be present which would constitute a meeting. Respectfully submitted by Karen Reese on 10.08.13 20131212CityCouncilPacket Page 229 of 233 20131206/jrl INFRASTRUCTURE COMMITTEE MINUTES CITY OF TYBEE ISLAND October 10, 2013 5 P.M. ATTENDEES: Paul Wolff, Wanda Doyle, George Reese, Barry Brown, Joe Wilson, Tom Groover and Diane Schleicher. Approve the minutes of the previous meetings—Minutes were approved from the 9.19.13 meeting. * Audio not on at this time * New Business: I. Tom Groover asked for an agenda item for next month's meeting; the raising of the pumps in the well houses; it's in George's budget; we need to get started on that; it should help with FEMA problems. George Reese states, I'd like to bring in an engineer because you have technical in there; you've got electrical; you'll have to bring in a well man; raise the casing up and all of that; pumps; generator. Diane Schleicher states, I think we budgeted for 1 this year; suggests going ahead and getting a proposal from Thomas &Hutton. George states that Chris (T&H) should be here next week and we can talk to him then. II. Paul Wolff asks if everybody got the word about the EPD; the Governor's potential announcement; that's what I had been talking about that I learned about at the Environmental Conference; I knew that we were going to get some State help for drilling a well to the cretaceous aquifer; putting in a cooling reverse osmosis system; then a pre-cooling and a post cooling and having it delivered as that; it's basically just going to be like what Hilton Head has been doing on 2 of their wells; the good news is that there will be an announcement the first part of November, that the Governor will announce that the State is going to do that as a pilot project on Tybee; which is essentially going to save us between$2,000,000 - $3,000,000, to set this system up; the only downside is, a reverse osmosis plant is hugely, energy intensive; happily, we have an option with very little investment, to put a 50 kilowatt wind turbine...not audible. Old Business: I. Public Safety Building Update—Mayor Pro Tern Doyle—Wanda Doyle states we are on schedule with everything; the final bid package, advertising and all of that, for the sub-contractor,the bids are due on 11.8.13; we are still scheduled, right now, to break ground on 12.3.13; if everything goes as scheduled, we'll be ready for demolition on 11.1.13; they have been given 30 days to remove those 2 buildings; we will be having a groundbreaking, at some point in time. II. Discuss New ADA Sidewalk on Eastside of Butler from 18th Street to 19th Street a. RFP is out—due November 7, 2013 —Joe Wilson states, that's a 510 ft. X 5 ft. sidewalk; ADA pads, one on each end; and basically 3 driveway roads going down through there; about a week before we start, I'll give an intent notice to effected residents; they're already had prior notice and invites to meetings; I'll put notices on the doors. 20131212CityCouncilPacket Page 230 of 233 20131206/jrl III. Update on Sewer Force Main on Jones and Miller: a. Project Completed IV.Update on Ally 3 Project— a. Launch mat installed V. Jones Avenue: a. Engineering for water lines has started—Per email from Chris Stovall (Thomas & Hutton), the water line plans are 95% complete. Diane Schleicher states, I sent this email to everybody with all of the details and updates. b. Paving is budgeted for project which includes GEFA funding—Diane states, Thomas & Hutton wants our most recent rate structure change and our audit, which has already been completed; Diane states that when she talked with Chris (T&H), he said he wants to bid the project out, sometime in December, to award sometime in January; the only problem is, GEFA doesn't meet until January; Chris recommends, and I agree with him, that when we do the bids out, we say, everything is subject to GEFA funding; bids would be valid for 90 days. c. Discuss possible timeline for project VI. Sewer Force Main#6: a. Thomas &Hutton Engineering Proposal approved by city council on September 26, 2013 b. GEFA loan will be used and paperwork handled by Thomas & Hutton c. Discuss possible timeline for project VII. New AMR System: a. Installation in still in progress—George Reese states, the installation is close to 80% complete; 2 more weeks they should have all the meters in; there's a few bugs they're working on that has to do with Incode and billing; the conversion. b. Staff training still in progress VIII. TRAILS PROJECT: a. Project update—Diane states, they're still doing the environmental; the biggest issue is they've got some areas that the Core might consider being filled; so they want to discuss the option of trying to apply for a fill permit, or look at other materials that the Georgia Power trucks can go over, that are ADA; so they're in the process of sorting all of that out. Tom Groover states, I thought Georgia Power didn't want any part of this. Paul Wolff states, that's a good point; I suggest to ask Bubba(City Attorney)to pull the easement and let us know what the terms are for the Georgia Power portion; if the easement doesn't say that everything we do within that easement has to accommodate Georgia Power trucks, then let's just do this the way we need to for biking. IX.Beach Rake &Tractor Replacement a. Committee recommendation regarding permit to city council—Paul states, my personal opinion, which I know is a minority here, I think it would be a waste of time and money, trying to get a permit for that; especially based on what they did for the Sponge Bob Movie when they said they couldn't 20131212CityCouncilPacket Page 231 of 233 20131206/jrl even rake the beach; they had to bring in their own sand; that pretty much gave us an indication of how they would deal with a request to rake the beach on a regular basis. Tom Groover states, I don't disagree with anything you've said, but I think Tybee needs it; it is a habited island that's a recreational beach. Joe Wilson states, I've talked with Deb and Carl (DNR); this new beach re-nourishment has thrown a kink in the Core's and our plans; they're talking about, once that gets re-nourished, there's new laws coming out that we will not be able to engineer the beach; we may not even be able to remove turtle nests; it's new Federal and State laws; that's what Carl told me; they're re-vamping it. Paul asks, I'm guessing that will be a condition with getting Federal money for the re-nourishment. Joe states, I don't know; but you know it's the pledge with the Core of Engineers, they always yield to the State level; so the GA DNR is going to have input into that; they always say, if the states okay with it, we're okay with it; that's the way the Core of Engineers work; I don't care one way or the other; if you want to buy it, I'll use it and see what it does. Paul states, if they're depending on DNR's recommendations, DNR has already suggested that we not do this. Tom states, I'm not saying we need to go out and buy this thing right now; but I think that Tybee needs to fight the DNR, to get approval to do things on the beach that are more recreational and friendly to tourists. Barry Brown states,before it's over, they will take a community like ours, with enough regulations that the stuff will build up on the beach and we won't have a beach anymore for tourists; it'll be all rack and seaweed. Diane Schleicher states, I would like to get a recommendation from this committee, as to what we should apply for; do it year round; St. Patrick's Day to Labor Day; the DNR told us they were looking for some specifics. Joe states, I would like to limit it to certain locations and certain times of the year. Tom states, I think we need to do it whatever we feel the "season"is; weather its March through October or when the lifeguards start and stop; and only do 13th St. to 19th St., once a week. Joe states, they said we could probably do it there and at Center St. and North Beach; basically, where you have the lifeguard stands. Paul asks, so that's your recommendation, Tom, that we do it when the lifeguards are on duty and once a week; Paul asks Barry, do you want to second that motion. Barry states, yes, I second the motion. Paul asks Tom, so this is a recommendation to Council that we apply for a permit to do that. Tom replies, yes. Joe states, you're going to have a 90 day process; 30 days for DNR review; 30 days for Public comment; and 30 days to review the Public comments; then you go before the committee, whenever they meet, and ask for the permit. Paul states, so the vote is 2-1 in favor of the recommendation. 20131212CityCouncilPacket Page 232 of 233 20131206/jrl With no further business to discuss, Paul Wolff asked for a motion to adjourn. Tom Groover motioned to adjourn. Barry Brown seconded. * Portions of this meeting, in the beginning,were not available for transcript, due to audio not on. A quorum of city council members may be present which would constitute a meeting. Respectfully submitted by Karen Reese on 11.12.13 20131212CityCouncilPacket Page 233 of 233 20131206/jrl