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HomeMy Public PortalAbout20140814CityCouncilPacket Table of Contents Table of Contents 1 000_000_20140814Agenda 1 050_010_20140710 Minutes 4 050_011_attachment 14 050_020_20140710 Minutes 16 060_010_Neca Stoller 070_010_Agenda Request for 8-14-14 17 090_010_2014 Agenda Request-Paint Georgia Pink 18 100_010_7 21 14 RiskJockey Agreement 21 100_020_Agenda Request - backhoe and grader 32 100_021_Agenda Request - Backhoe &Grader RFP 33 100_022_Backhoe &Grader BID COMPARISON - RFP#2014-648 46 100_023_Backhoe &Grader Bidd Tab and Recommendation 47 100_030_Agenda Item for Aug 14 2014 $170000 loan for DPW Equipment 49 100_040_Out of State Travel 56 100_050_powers -verizon -tybee island -Third Amendment to Water Tower Attachment Lease Agreement (V1_8.7.2014) 59 100_060_Public Safety Building Agenda Request- GA Power proposal for parking lot and street lighting 63 100_061_Email GA Power 64 100_062_Public Safety Building - Street and parking lot lighting diagram 65 100_063_Tybee Island Revision hps 66 100_064_Tybee Island Revision LED 2 67 100_070_DPW Agenda Request - Budget Adjustment for Replacement Ford F150 68 100_071_DPW BUDGET ADJUSTMENT 69 Budget Form 69 100_072_Needs Repairs 70 120_010_First Reading Ord 50-2014; Sec 4-050 - special events 71 120_020_First Reading Ord 43-2014; Sec 3-100 - beach &dunes 85 120_030_Minutes_PC_20140715 91 130_010_First Reading Ord 44-2014; MC 54-5 - disposing of litter 100 130_020_MC Sec 66-8 (7 22 14 car seat prohibition) Motorized Cart Use 105 ARTICLE I. IN GENERAL 105 130_021_45-2014 Sec 66-8 (child seat prohibition) motorized carts 07.29.13 107 ARTICLE I. IN GENERAL 107 130_022_MC Sec 66-8 111 ARTICLE I. IN GENERAL 111 130_023_46-2014 Sec 66-8 (child seat authorization) motorized carts 07.29.13 113 ARTICLE I. IN GENERAL 113 130_030_47-2014 Sec 34-45 liability ins for carnival operations redline 07.30.14 117 130_031_47-2014 Sec 34-45 liability ins for carnival operations 07.30.14 118 130_040_48-A-2014 Vehicle for Hire Ord; Option A; redline 07.29.14 121 130_041_48-A-2014 Vehicle for Hire Ord; Option A 07.30.14 130 130_042_48-B-2014 Art 6 Opt B taxis and vehicles for hire redline 07.30.14 141 130_043_48-B-2014 Art 6 Vehicle for Hire Ord; Option B 07.30.14 150 130_050_Second Reading Ord 13B-2014; Sec 3-080 - residential driveways 160 130_060_Second Reading Ord 34-A-2014; Sec 6-080 - murals or scenes 164 130_070_Second Reading Ord 37-A-2014; Sec 5-140 - minor subdivision longevity 169 130_080_Second Reading Ord 38-2014; Sec 13-017 rezone P-C to R-1 173 130_090_41-2014 Sec 12-1a9 leashing of surfboards 07.07.14 176 130_100_Second Reading Ord 39-2014; Sec 3-090.1 - development regulations (buffer) 178 U ntitled 20140807 083326 001 178 U ntitled 20140807 083326 002 198 130_110_40-2014 Sec 3-090 211 130_120_CCAR 8-14-14_DDA Resolution 215 140_020_Request for Bid Proposal - Agenda Request - city hall renovation and north beach restrooms 220 140_021_Request for Bid Proposal - City Hall Renovation - 2014 221 140_022_Request for Bid Proposal - North Beach Restrooms 224 160 010 fottminutes51514 228 160_020_6-26-2014 Public Safety Committee Minutes 230 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL August 14, 2014 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Fr. Tom Peyton, St Michael's Catholic Church Pledge of Allegiance IV. Recognitions and Proclamations 1 Certification of Appreciation, Karen Reese V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Meeting, July 10, 2014 2 City Council Meeting, July 10, 2014, Second Reading of Millage VI. Consideration of Boards, Commissions and Committee Appointments 1 Neca Stoller, Historic Preservation Commission (re-appointment) VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Leigh Burns, Outreach Program Manager & CLG Program Coordinator with the Historic Preservation Division at Georgia Department of Natural Resources: CLG certificate presentation to Mayor and City Council VIII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. 1 Mike Hosti, Appeal the City's decision to pursue legal action IX. Consideration Local Requests & Applications-Funding, Special Events, Alcohol License 1 Paint Georgia Pink for Breast Cancer/Event location: Memorial Park: September 20, 2014; Alcohol License Request — Special Event — Beer and Wine, Huc-a-poo's X. Consideration of Bids, Contracts, Agreements and Expenditures 1 RiskJockey Agreement 20140814CityCouncilPacket Page 1 of 232 08/08/2014/jrl 2 Backhoe & Grader RFP recommendation: $167,600 from Flint Equipment — John Deere model — lowest price and added features. Price is good for 30 days. Recommend financing with a no pre-payment penalty. 3 Request City Councils' approval to obtain a loan through SunTrust Bank for $170,000 for three years with an interest rate of 1.64% in order to acquire a Grader and Backhoe equipment for the Public Works Department 4 Out of state travel, Chief Robert Bryson, Myrtle Beach Special Events Summit, September 21 — 23, 2014. Approximate cost, $400.00. 5 Third Amendment to Water Tower Attachment Lease Agreement, ALLTEL, Van Horn 6 Public Safety Building Parking Lot and Street Lighting Layout and Proposal by Georgia Power. Budget Line Item: 100-4210-53-1230 (Public Works — Electricity — Street and Parking Lot Lighting) 7 DPW Request for a budget adjustment to replace 2000 F150 with a newer used F150. Deduct $6,000 from Building Maintenance (100-1565-52-2201) and add it to DPW Vehicles (100-4210-54-2200) XI. Consideration of Approval of Consent Agenda XII. Public Hearings 1 Text Amendment — 50-2014; Land Development Code Sec. 4-050(E) and (F) and (0), District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for hosting special events 2 Text Amendment — 43-2014; consideration of beach and dune regulations — Section 3-100; Beach, Dune or Vegetation Disturbance/Crossover Maintenance and Construction 3 Planning Commission Minutes, July 15, 2014 XIII. Consideration of Ordinances, Resolutions 1 First Reading, 44-2014, Municipal Code Sec 54-5, Damage to and Intrusion upon Property, Consideration of Regulations for Litter 2 First Reading, Sec 66-8, Motorized Cart Use; 45-2014/46-2014 3 First Reading, 47-B, Sec 34-45, Carnival Operations; special insurance provisions 4 First Reading, 48A/B, Article VI, Taxis and Vehicles for Hire 5 Second Reading, 13B-2014, Sec 3-080(C)(5), Consideration of residential driveway requirements 6 Second Reading, 34A-2014, Sec 6-080(K), Murals or Scenes; Consideration of sign regulations 7 Second Reading, 37A-2014, Sec 5-140(I), Minor Subdivision Plat Approval Procedures; Consideration of minor subdivision procedures 8 Second Reading, 38-2014, Map Amendment & Test Amendment, Cedarwood Drive, PIN 4- 0002-18-011; Hendrickson & Flaby, owners, Consideration of rezoning one parcel from P-C to R-1 20140814CityCouncilPacket Page 2 of 232 08/08/2014/jrl 9 Second Reading, 41-2014, Sec 12-1(a)(9), Use of Municipal Beaches and Facilities 10 Second Reading, 39-C-2014; Sec 3-090.1, Buffer Ordinance; City of Tybee Island, petitioner; consideration of buffer regulations 11 Second Reading, 40-2014; Sec 3-090, Schedule of Development Regulations; City of Tybee Island, petitioner; consideration of cross-reference for buffer regulations 12 Downtown Development Authority Resolution XIV. Council, Officials and City Attorney Considerations & Comments 1 Jason Buelterman a) South-end Sandbar Safety Issues 2 Diane Schleicher a) Draft RFP for Architectural Services 1. City Hall needs and Security Assessment 2. North Beach Restrooms 3 Barry Brown a) WastePro update 4 Wanda Doyle a) Public Safety Building update XV. Minutes of Boards and Committees 1 Friends of Tybee Theater Minutes, May 15, 2014 2 Public Safety Committee Minutes, June 26, 2014 3 Historic Preservation Commission Minutes, May 21, 2014 4 Main Street Board of Directors, May 21, 2014 XVI. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XVIII. 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.c ityofty bee.o rg. THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." jTHE 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." 20140814CityCouncilPacket Page 3 of 232 08/08/2014/jrl City Council Minutes 20140710 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on July 10, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, 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; John Eric Schleicher, Intern, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, June 12, 2014 • Special City Council Minutes, June 26, 2014 • Public Hearing, First Reading of the Millage, June 30, 2014 • Special Event Consideration, Tybee Polar Plunge, January 1, 2015: 8AM — 2PM, Walter W. Parker Pier & Pavilion (beach area — north or south side depending on winds) and roundabout. • Special Event Consideration, New Year's Eve Fireworks (December 31, 2014 at midnight); Walter W. Parker Pier & Pavilion. Discussion: Ms. Schleicher confirmed that the City of Tybee will be named as an additional insured on the insurance policy so there will be coverage in case of accident. • Special Event Consideration, 4th Annual Coastal Empire Beach Festival (September 6, 2014); 9AM — 4PM; Southside of Walter W. Parker Pier & Pavilion/portion of 16th Street Lot; Surfers for Autism, Inc. • Special Event Consideration, Labor Day Beach Bash 2014 (August 31); 7 — 11PM; Walter W. Parker Pier & Pavilion • Special Event Consideration, Taste of Tybee (September 25); 5:30 — 7:30PM; Walter W. Parker Pier & Pavilion. Discussion: Mr. Wolff stated that he is not in favor of this item as it directly interferes with city officials attending a city council meeting on the same evening. This is a signature event and he feels that city officials should be able to attend the entire event. Mayor pro tern Doyle recommended that the city council meeting on September 11, 2014 be rescheduled until September 18, 2014 and the meeting for September 25, 2014 cancelled. Mayor and council concurred. • Special Event Consideration, Challenge Walk MS; Savannah/Tybee (March 8, 2015); 7:00am — 2:00pm; 10.25 mile route details outlined in application; National Multiple Sclerosis Society • Special Event Consideration, Tybee Island Pirate Fest (October 10 — 12); 16th Street parking lot w/beach area & Tybrisa/Strand Roundabout; SEABAR. Discussion: Ms. Schleicher stated that this will be contingent upon receipt on adjacent property owner's approval and a final site plan. There was a discussion regarding the waving of fees for the event. Mayor pro tem Doyle stated that she recalls mayor and council discussing an amount for the waiving of fees for special events and it was recommended for those that have multi-day events the amount be greater. Mayor Buelterman recommended 20140814CityCouncilPacket Page 4 of 232 08/08/2014/jrl this agenda item be put on the consent agenda and the application be approved contingent upon the Department of Natural Resources (DNR) letter and the notification of the adjoining/adjacent nearby property owners. He further asked that at the upcoming workshop on July 24, 2014 there be an agenda item regarding the fees for special events. • List of Roadways Approved for the Use of Speed Detection Devices. DISCUSSION: Ms. Schleicher explained that the Department of Transportation requires a signature on the roads that the City is allowed to run radar and this is a renewal. Major Mosley stated that radar can only be run on the longer roads within the City, such as Jones and Chatham Avenue. • Marlowe & Company, LLC agreement per the recommendation of the Beach Task Force • Memorandum of Understanding, City of Tybee Island and Friends of Tybee Theater, Inc. DISCUSSION: Mr. Parks asked Ms. Schleicher to clarify. Ms. Schleicher stated that this gives the Tybee Theater the ability to apply for grants. • Force Main Replacement for Lift Station #7 — Thomas & Hutton Agreement - $25,000. Line Item 505.4310.54.1402 • Public Safety Building — Additional cost from contingency due to design changes including structural modifications for revised steel at the sally port and changes to footing elevations and formed footers for elevation change and wet conditions - $23,829. DISCUSSION: Mr. Wolff asked for clarification as he feels this is the responsibility of the contractor. Mayor pro tern Doyle responded that there are two issues at hand. The first is associated with a swale that needed to be redone and the second being the footings due the amount of rain Tybee received. The contractor felt that to keep the integrity of the building the additional structural modifications needed to be completed. Mr. Wolff stated that the contractor needs to be held responsible for the additional costs. Mayor pro tern Doyle disagreed. • Public Safety Building — CO#1 of $14,566 (radio control ground, relocate generator and removal of additional fuel tank) and amendment of Elkins GMP from $3,081,247 to $3,095,813. Discussion: Major Mosley stated that the radio control ground is specific for the radio system and was not included in the contract. Mayor Buelterman called the regular meeting to order at 7:10PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Rev. Hank Perry, Trinity Chapel Methodist Church • Pledge of Allegiance Recognitions and Proclamations Jerry Oates, Animal Control, Tybee Island Police Department approached mayor and council to receive the Employee of the Quarter recognition. Wellness Participant of the Quarter — Denise Dubuque, Parking Services. Ms. Dubuque was not in attendance due to vacation. 20140814CityCouncilPacket Page 5 of 232 08/08/2014/jrl Report of Staff, Boards, Standing Committees and/or Invited Guests Karen Grainey, Chairman, Coastal Group of the Georgia Sierra Club approached mayor and council to speak on proposed carbon emissions regulations (attached). Ms. Grainey invited everyone to attend the upcoming EPA hearings in Atlanta on July 29 — 30, 2014. There will be transportation and hotel accommodations for a small fee. Mr. Wolff thanked Ms. Grainey for her presentation and encouraged everyone to attend the hearings in Atlanta. Pam O'Brien approached mayor and council to thank them for their stewardship regarding the Public Safety Building as the building is progressing nicely. She also spoke in support of the proposed marsh buffer ordinance that is before mayor and council. Mayor Buelterman thanked Ms. O'Brien. Consideration of Bids, Contracts, Agreements and Expenditures Approval of proposed agreement between the Tybee Island Police Department and RiskJockey — RiskJockey will provide 16 wearable video cameras for Tybee Island Police Officers in exchange to be the provider of online evidence dissemination and open records processing in connection to the lapel cameras use. Mike Connell approached mayor and council to address concerns or questions. Mr. Connell stated that his company is providing these cameras in exchange for getting the City's open records request on line and there is a fee associated with this service. He stated that his company is paying for the cameras and if they malfunction, they will be replaced. Mayor Buelterman asked what other municipalities/communities they work with. Mr. Connell stated the City of Norcross, Alma, Chattahoochee Hills, City of Ivy and Gordon, Georgia. Mr. Garbett asked Mr. Connell who will own the videos and data. Mr. Connell responded that the data is currently stored locally and over the long term, a cloud storage provider. Mayor Buelterman asked Ms. Schleicher if Chief Bryson and Mr. Hughes have reviewed this proposal. Ms. Schleicher stated that Mr. Branch and Chief Bryson are working together and there is some recommended language that needs to be included in the contract. Mr. Branch stated that his primary concern is that the City will be in control of all the data and he is working toward that goal. Major Mosley stated that he and Chief Bryson are in the process of reviewing the policy and procedures for the wearable cameras. Mayor Buelterman stated that if there are further questions to please send to Mr. Branch. Mayor pro tem Doyle stated that she feels the City should move forward. Mayor and council agreed. Mayor Buelterman stated that this will be revisited at the August 14, 2014. No action taken. Public Safety Committee — Recommendation 2-1 to make the intersection of 14th and Jones a four-way stop. Mayor Buelterman asked Ms. Schleicher if there are staff concerns. She responded that the Tybee Island Fire Department and Police Department were concerned with slowing down for stop signs with emergencies. Ms. Schleicher showed photographs of the vegetation at the intersection on Jones and 14th. DPW has cleared the vegetation which increases the vision of motorists heading east and west on 14th. Mr. Parks stated he would rather have more stop signs on Jones as slowing traffic down is a major priority for him. He would recommend this be done at one time and community wide. Mr. 20140814CityCouncilPacket Page 6 of 232 08/08/2014/jrl Brown agreed with Mr. Parks as traffic need to be slowed. Mr. Garbett stated that 14th Street is a major thoroughfare and motorists need to slow down. Bill Garbett made a motion to approve the 4-way stop at the intersection of 14th and Jones to include further study of other intersections on Jones Avenue. Wanda Doyle seconded. Discussion: Mayor pro tern Doyle stated that she will include the study of other intersections on Jones Avenue on the upcoming Public Safety Committee agenda. Paul Wolff, Monty Parks, Wanda Doyle, Barry Brown and Bill Garbett. Voting against was Rob Callahan. Motion carried 5-1. Wanda Doyle made a motion to approve the consent agenda. Paul Wolff seconded. Vote was unanimous, 6-0. Public Hearings Final Adoption, 2014 Millage to include Resolution. Mayor Buelterman stated that mayor and council were able to set the upcoming budget in such a way that the millage rate will be 4.158 and not raise to the roll back rate of 4.185. Paul Wolff made a motion for the millage rate to remain at 4.158 for 2014. Wanda Doyle seconded. Vote was unanimous, 6-0. Revocable License/Indemnity Agreement, Michael Scarbrough. Ms. Otto stated the property owned by Michael Scarbrough has a dumpster located in the City's right-of-way. If this revocable license is approved it would allow the dumpster to remain with the understanding that if the City ever revoked the license, the dumpster would be removed. Ms. Schleicher stated that this is to formalize the agreement and to make everyone aware. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Variance — consideration of request for additional banners (signage), Marine Science Center, 1510 Strand/PIN 4-0008-03-001/Zone C-1/SE . Ms. Otto approached mayor and council and stated the Planning Commission considered this item and the motion was to deny. This request is to incorporate additional banners that exceed those required by the current sign regulations. Banners were removed from the Marine Science Center location and Ms. Procopio is requesting these banners be allowed to be put back up. Ms. Otto showed examples as included in the packet before mayor and council. Mayor Buelterman asked for clarification of the permits for these banners. Ms. Otto stated that the Marine Science Center would be able to apply for three — thirty day temporary permits per calendar year. Mayor pro tern Doyle stated that this does not meet the definition of a hardship and has concerns with the current sign/banner ordinance. She would further like to see this agenda item approved which will help the Marine Science Center. Mr. Brown confirmed with Mr. Hughes that this is a city owned building and an educational center. Mr. Wolff expressed his concerns with this request as it will increase visual clutter and set a dangerous precedence for other businesses that would like to put up more banners. Mr. Garbett asked Ms. Otto if the banners had been framed. Ms. Otto responded this is correct and when the Island wide sweep was done, there were a number of banners that were retrofitted to become signs. Thus, they were properly permitted. Mr. Garbett stated that he feels the banner ordinance is a good ordinance and serves a purpose which announces a specific event. Mr. Parks commended staff for their work with this agenda 20140814CityCouncilPacket Page 7 of 232 08/08/2014/jrl item and would like not to see visual clutter with seven more signs. Mayor Buelterman asked Mr. Hughes, if this were to be approved, would it set precedence for billboard like signs on Tybee such as banners? Mr. Hughes responded yes for banners but not for billboards. Barry Brown made a motion to approve. Wanda Doyle seconded. Voting in favor were Barry Brown and Wanda Doyle. Those voting against were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Motion failed 4-2. Bill Garbett made a motion to deny. Paul Wolff seconded. Voting in favor of motion to deny was Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against was Wanda Doyle and Barry Brown. Motion to deny approved, 4-2. Discussion: Mayor pro tem Doyle will meet with Mr. Schleicher to discuss the revision of the sign ordinance. Ms. Schleicher approved. Site Plan Approval — consideration of request for commercial business — Dixie Pedaler, LLC, 801 First Street/PIN 4-0019-01-018/Zone C-2. Ms. Otto approached mayor and council stating this request is in the C-2 district and Bowie Seafood and Prevail Reality (since has moved) are located on this parcel. The right side of the building is now available for Dixie Pedaler if an agreement can be made with the landlord. She further explained that the current site plan shows the maximum of 20 golf carts and these are the type of carts that cannot drive on Highway 80. Therefore all access will be on to North Campbell. The site plan before mayor and council is the site plan which was approved with an overlay at the time when the second story was added to the existing building in November/December 2007. Planning Commission approved this item with a vote of 4-0. Mayor pro tern Doyle asked for clarification of the four parking spaces as shown on the drawing. Ms. Otto replied that these spaces on located near the drive aisle. Mayor Buelterman asked Ms. Otto to clarify the ingress and egress for these vehicles. Ms. Otto stated that it would be the drive aisle on North Campbell. Mr. Brown asked Ms. Otto if the new tenants will have to put up a privacy fence where the property abuts residential use, north and west side of the property. Ms. Otto responded that the site plan as submitted does not propose a buffer and would be at the discretion of mayor and council if they choose to impose a buffering requirement. Mr. Brown cited the previous buffering requirement for Vicky's and Gerald's. Ms. Otto clarified that at the current site there is no current residential use. If this were to change, mayor and council could revisit. Mayor pro tern Doyle stated that she has concerns with the number of golf carts on Highway 80 and their lack of respect for the rules and regulations. Ms. Otto responded that staff did meet with the taxi cab companies not only discuss the upcoming taxi cab ordinance but to also on how to educate the visitors that are renting the carts. Mr. Brown asked if the Dixie Pedaler will be moving their business license from 2nd Avenue to the new location. Ms. Otto responded that the owner will be addressing mayor and council and would ask that he address her at that time. Julie Livingston approached mayor and council to answer questions from mayor and council. She addressed the buffer requirement as outlined by Mr. Brown. Ms. Livingston stated that both abutting properties have been abandoned for some time and are in extremely bad shape. She will abide by mayor and council decision regarding a buffer requirement. Ms. Livingston stated that at the time of rental, all safety information is provided to include a map showing the stop lights, allowed Butler Avenue crossovers, etc. Mr. Brown 20140814CityCouncilPacket Page 8 of 232 08/08/2014/jrl asked Ms. Livingston if it is her intent to move the license. Ms. Livingston responded that it is her intent to move the license and not get a second license. Charlie Brewer, Island Hoppers, approached mayor and council. He stated that he is not against the business but has concerns with violators which are visitors to the Island and not residents. Mr. Brewer explained that he only has electric carts and they can travel on Butler Avenue. His carts do not have issues like the Dixie Pedaler carts. He discussed the parking issues associated with this location as there is no real parking in this area. Mr. Brewer expressed his concerns with the Dixie Pedaler (peddle bar) with the turning radius and the ability to move throughout the Island. He asked mayor and council to consider that potential renters of these carts will be driving to the location and parking their cars and the potential public safety issues associated with this location. Ron Goralczyk, Breezy Riders, approached mayor and council to speak in favor of this agenda item. Mr. Goralczyk explained there is a great deal of carts on the Island and everyone is helping to educate the visitors for safety purposes. Mayor pro tern Doyle asked Ms. Otto for clarification of parking. Ms. Otto confirmed that there would be no parking in the open area as depicted on the drawing. Mayor pro tern Doyle asked Ms. Livingston if the Dixie Pedaler (peddler bar) would be located at that the proposed location. Ms. Livingston stated that it is their intention not to run the Dixie Pedaler out of the location but would like to park it on a trailer and move it to the south-end when it runs. Marianne Bramble approached mayor and council to speak in favor of this agenda item. She would also ask mayor and council to approve. Freda Rutherford approached mayor and council stating that first, not only visitors but also residents have carts on Highway 80 and second, she reminded everyone that there is parking on Highway 80 adjacent to Eagle's Nest which is free. Ed Alexander approached mayor and council to clarify that their carts are electric and not gas. Mr. Alexander stated that their carts can be modified to low speed vehicles but does not feel a low speed vehicles need to be on Butler Avenue. Bill Garbett made a motion to approve as presented. Paul Wolff seconded. Discussion: Mr. Garbett clarified with Ms. Otto that there is adequate parking for this location according to Code. Ms. Otto confirmed. Mayor Buelterman asked Ms. Otto if Ms. Livingston decided to expand what would be the process. Ms. Otto responded that she would have to come before mayor and council for approval for additional vehicles. Mr. Brown then asked if they would be required to install a buffer. Mayor Buelterman responded that it would be the decision of staff. Mayor pro tern Doyle asked if could be made part of the motion if the houses become occupied then Ms. Livingston would be required to put in a buffer (fence). Mr. Hughes stated that it could be but would be hard to enforce in years to come. Mr. Garbett stated he did not want to amend his motion. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried, 5-1. Map Amendment & Text Amendment, 38-2014, — consideration of rezoning 1 parcel from P-C to R-1, Hendrickson & Flaby, Cedarwood Drive/PIN 4-0002-18- 001/current zoning P-C, amended zoning R-1. Ms. Otto approached mayor and council and stated that this was considered by the Planning Commission and the vote was 5-0 to approve. Mayor pro tern Doyle asked Ms. Otto if there was a reason why this proposed ordinance should not be approved. Ms. Otto stated no as it is not considered as spot zoning. 20140814CityCouncilPacket Page 9 of 232 08/08/2014/jrl Mr. Wolff asked if the adjacent lots are zoned Parks & Recreation. Ms. Otto confirmed and stated the property has been developed. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Text Amendment, 34-2014, Sec 6-080(K), Murals or Scenes; Consideration of sign regulations. Ms. Otto approached mayor and council stating that this proposed ordinance was brought forth by the Main Street program as they are asking for consideration of the ordinance which would allow murals in the C-2, South-end Overlay and Neighbor and Grocery District. She explained that what is in front of mayor and council includes the amended changes from the Planning Commission. Their vote was 3-2 to approve. Mayor pro tem Doyle questioned the review fee. Ms. Otto stated that the Main Street Board of Directors has no interest in charging a review fee. Mr. Brown asked Ms. Otto to explain the guidelines for the murals or scenes. Mayor Buelterman responded that as long as they are not vulgar, obscene or lewd they would be approved. Chantel Morton and Vicky Hammonds approached mayor and council to address questions or concerns. Ms. Morton stated that the Board has been looking at other communities and how they handle murals in respect to historic buildings and have crafted guidelines. Mr. Parks thanked Ms. Morton and Ms. Hammonds for all their work on the proposed ordinance. Ms. Hammonds outlined items that would not be approved according to the guidelines: political or any type of messages; commercial speech; and nothing to promote product or cause. It is the intent to only allow things that would enhance the property or business. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Text Amendment, 39-2014, Sec 3-090.1, Buffer Ordinance. Mr. Schleicher approached mayor and council to present this agenda item. He stated that this is in response to an Environmental Protection Division (EPD) interpretation on the Erosion and Sedimentation Act. Mr. Schleicher explained that prior to the April 22, 2014 memorandum, the Erosion and Sedimentation Act required that in all state waters the buffer was determined based off at least one of 14 species of marsh plants. He further stated that the EPD reviewed the Erosion and Sedimentation Act and found that it never defined "wrested". A definition was then found in Webster's as "pull, force or move by violent wringing or twisting movements". This definition was then inserted into the interpretation. Thus, for the buffer to actually start, vegetation has to be moved by tidal or current streams. Mr. Schleicher stated that the proposed ordinance before mayor and council was drafted by councilmembers Wolff and Garbett and is based on a model ordinance by the River Basin Center, UGA. This will establish a 25 foot buffer to pre- memorandum protection. Mayor pro tern Doyle stated she is concerned about having a lawn in the buffer as you can have a deck or porch. Mr. Wolff responded that it would be more appropriate to limit what to what can be put on the lawns as certain fertilizers would be prohibited as they would negatively impact the water quality. Mayor pro tern Doyle stated that there are many organic materials on the market that will not impact the water quality. Mayor Buelterman asked if there is language in the proposed ordinance that is more restrictive than what the State had in place prior to April 22, 2014. Mr. Schleicher responded to Mayor pro tern 20140814CityCouncilPacket Page 10 of 232 08/08/2014/jrl Doyle's question that a manicured lawn would be considered a minor land disturbing act. Mr. Hughes cited Section 4 (5), Standards and Regulations, where the establishment of a manicured lawn shall not be permitted in the buffer which is included in the model ordinance not in the Erosion and Sedimentation Act. Mr. Garbett then responded to Mayor Buelterman's questions regarding the restrictions. He explained that the Erosion and Sedimentation Act allowed people to build a single family residence in the buffer which would negate the buffer ordinance by reducing land disturbing activities in the buffer. Mayor Buelterman again asked if there is anything in the proposed ordinance that is more restrictive than required by the State. Mr. Wolff responded no and would like clarification regarding the 100 square feet land disturbing permit. As he would like it interpreted that the permit is only one time and cannot be granted again in future years. Mr. Wolff would like it to read that a variance would be required. Mr. Hughes responded that his understanding is 100 square feet per parcel. Ms. Otto stated that this is not currently under the minor guidelines as staff is allowing 100 square feet per year. Mr. Hughes will coordinate with Ms. Otto and Mr. Schleicher for clarification as he would like to include another section that basically states: notwithstanding anything else, there is a 25 foot setback from the state waters as defined by the Coastal Marshland Protection Act. He stated there are two goals: (1) to preserve the water and marsh from sedimentation and (2) is to set up a buffer as a set-back. Paul Wolff made a motion to approve with the conditions that the city attorney include the language discussed and limit land disturbing activities to a total of 100 square feet. Bill Garbett seconded. Discussion: Mayor Buelterman asked if there is anyone that will not vote in favor of this due to the manicured lawn language as mayor and council need to be united. Mayor pro tern Doyle stated that she has concerns regarding the 100 square feet language. Mr. Wolff clarified. Mr. Hughes stated that it is his understanding that it is 100 square feet per parcel. Mayor pro tem Doyle asked for clarification regarding the tilling or raking of the yard and would that be considered a minor land disturbance. There was a short discussion regarding the application fee for a buffer encroachment permit and it was recommended that it would be handled much like a construction application plan review which would be a $250 deposit which is applied to the permit fee if a permit is issued. Otherwise it is forfeited by the applicant if they abandon the project. Mayor Buelterman asked Mr. Wolff to amend his motion. Paul Wolff made a motion to approve with the conditions that the city attorney include the language discussed, limit land disturbing activities to a total of 100 square feet, include input from the Zoning Department regarding fees, and what department should handle process and review and the timeline. Bill Garbett seconded the amended motion. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Ordinance 40-2014, Sec 3-090, Development Regulations. Mr. Schleicher approached mayor and council stating this item is a housekeeping matter in reference to the buffer ordinance. He explained in Sec 3-090, Schedule of Development Regulations, staff would like to add as amended: (D) Structures in all zoning districts are required to comply with the provisions of 3-090.1. Paul Wolff made a motion to approve. Bill Garbett seconded. Voting 20140814CityCouncilPacket Page 11 of 232 08/08/2014/jrl in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Text Amendment, 37-2014, Sec 5-140, Minor Subdivision Plat Approval Procedure. Ms. Otto approached mayor and council to explain the longevity of permits after approval. Staff is proposing minor subdivision plans shall be valid for 45 calendar days from the date of approval. Planning Commission heard this request and voted to approve 5-0. Bill Garbett made a motion to approve. Paul Wolff seconded. Discussion: Mr. Brown stated 45 days is not ample time in his opinion and would recommend it be 90 days. Mr. Garbett stated that it is his understanding that this follows the approval of a minor subdivision where all the engineering and surveying has been completed. Ms. Otto confirmed. Bill Garbett amended his motion to change from 45 calendar days for approval to 60 days for approval. Paul Wolff seconded the amended motion. Vote was unanimous, 6-0. Text Amendment, 13B-2014, Sec 3-080, Off-street Parking Requirements. Ms. Otto approached mayor and council stating that following the joint workshop of Planning Commission and City Council, staff was directed to bring back the prior version of Sec 3-080 (C)(5) which gives several options that have been identified as meeting the first one inch of a storm event requirement. Mayor Buelterman asked for clarification as to how this is different from the ordinance that is currently in place. Ms. Otto responded that it is the same water quality standard. Bill Garbett made a motion to approve. Paul Wolff seconded. Discussion: Mayor pro tern Doyle stated that she has concerns with the length of the ordinance. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle, and Bill Garbett. Voting against were Rob Callahan and Barry Brown. Motion carried 4-2. Consideration of Ordinance, Resolutions Second Reading, 33A-2014, Sec 9-030, Permit Placards. Ms. Otto approached mayor and council to explain the proposed ordinance as Mayor Buelterman was not present for first reading. Ms. Otto stated it concerned the location of the placards and reminded mayor and council that this would only apply to new placards and not those already in place. Paul Wolff made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0. First Reading, 41-2014, Sec 12-1(a) (9), Use of municipal beaches and facilities. Mayor Buelterman explained the proposed ordinance as this would require all surfboards to be leashed. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman stated that he would like to appoint Mayor pro tern Doyle and Mr. Wolff to serve on the Finance Committee as he is chairing this committeer. Mr. Wolff stated he would like to waive his seat to Mr. Parks. Mr. Parks accepted. The Committee will meet quarterly on 20140814CityCouncilPacket Page 12 of 232 08/08/2014/jrl the 3rd Thursday at 3:30PM to begin on August 21, 2014. Mayor Buelterman asked the Clerk to schedule the meetings. Mayor pro tern Doyle updated everyone on the Public Safety Building. The scheduled move is the first week in August. She then invited everyone to tour the building. Paul Wolff made a motion to adjourn to Executive Session to discuss litigation and personnel. Wanda Doyle seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to return to regular session. Rob Callahan seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 6-0. Meeting adjourned at 10:00PM 20140814CityCouncilPacket Page 13 of 232 08/08/2014/jrl My nay ie is Karen Grainey and B'm the Chair of the C..a ataB Group of the Geor is Chapter Sierra Club. Thank you for giving me this opportunity to speak at your r7,eeting. As the political leaders of a vulnerable c•astal community where sea level rise, coastal erosion, and flooding from storm surge are serious concerns, you are facing difficult challenges because of climate disruption. In the absence of strong leadership on this issue from the federal government, local governments including Tybee Island have taken the Bead on committing to and taking action to reduce carbon pollution. B think you should be very proud to be one of the ten cities in Georgia who have signed the U.S. Conference of Mayors Climate Protection Agreement. Finally things are starting to change at the federal level. President Obama and the Environmental Protection Agency have released an historic plan to cut carbon pollution from power plants 30% by 2030. The Clean Power Plan is our nation's first m jor action to cut dangerous carbon pollution from our largest polluters and will help spur a clean energy economy that can drive down electricity bills and create hundreds of thousands of dependable jobs. I am here tonight to ask you to help demonstrate to national policymakers that there exists in this country widespread grassroots support for taking significant action to curb carbon pollution I encourage you to submit written comments to the EPA expressing support for the concept of regulating carbon pollution. The deadline for submitting comments is October 16 . l would also like to invite you to attend the EPA public hearing in Atlanta. Only four hearings have been scheduled and the first one will take place in Atlanta on July 29 and 30. The Sierra Club is arranging bus transportation from Savannah and overnight accommodations for only $5 per person. We are also organizing a rally and a press conference to take place on July 29. I can't emphasize enough how important it is to weigh in on this. The fossil fuel industry, Georgia utilities, and the billionaire Koch Brothers are mobilizing teams 20140814CityCouncilPacket Page 14 of 232 08/08/2014/jrl of lobbyists and funding astro-turf gr tups who are vigorously attacking this proposal. If you are worried about the future we are creating for ourselves and the generations who will follow, the moment has arrived to step up to the plate and do your part to counteract well-funded energy industry propaganda which falsely claims that these regulations will kill jobs and raise electricity rates. Quite to the contrary the Clean Energy Plan has many benefits. Here are just a few: • It will create 245,000 Jobs • It will reduce electricity bills 8% by 2030 • Closing more coal burning units will reduce our exposure to particle pollution and ozone and we will avoid a projected 2,700 - 6,600 premature deaths and 140k to 150k asthma attacks in children • For every dollar invested through the Clean Power Plan—American families will see up to $7 in health benefits. And here are a few facts ;bout the situation in Georgia: • Southern Company is the third largest corporate air polluter in the United States • Georgia Power owns the 1st and 3rd largest carbon polluters in the Nation • Plant Scherer, outside Macon, pollutes 21 million tons annually (equal to 4.5 million cars) • Georgia Power has already announced retirement of Y of their existing coal fleet. This gets Georgia halfway to the required 44% reduction called for in the plan. • In 2007, Climate Disruption caused $340M in GA crop loss and in 2011- 2012, Georgia received $480M in disaster relief. CHI, ate disruption and extreme weather are already harming us, and if we fail to act, the costs to our health, our wallets and our communities will grow. 20140814CityCouncilPacket Page 15 of 232 08/08/2014/jr1 City Council Public Hearing Minutes 20140710 Mayor Buelterman called the public hearing to order at 3:00PM. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Also attending were Diane Schleicher, City Manager and Janet LeViner, Clerk of Council. Councilman Brown was excused. Public Hearings Second Reading, 2014 Millage Rate. Mayor Buelterman stated the intent of mayor and council is to set the millage rate at 4.158%. No action taken Paul Wolff made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 5-0. Meeting adjourned at 3:05PM 20140814CityCouncilPacket Page 16 of 232 08/08/2014/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: 8/14/14 Category: Reports of Staff, Boards, Standing Committees and/or Invited Guest Item: Leigh Burns, Outreach Program Manager& CLG Program Coordinator with the Historic Preservation Division at Georgia Department of Natural Resources: CLG certificate presentation to Mayor and City Council Organization: Explanation: Budget Line Item Number (if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner(a)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 /cmorton@cityoftybee.org Comments: Date given to Clerk of Council 7/7/14 20140814CityCouncilPacket Page 17 of 232 08/08/2014/jr1 MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan y CITY ATTORNEY Bill Garbett � Edward M. Hughes Monty Parks Paul Wolff _!x' 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: August 14, 2014 Item.: Alcohol License Request-Special Event-Beer, Wine- Huc-a-•oo's Explanation: Paint Geor..is Pink for Breast Cancer!Event location: Memorial Park Dates of event: September 20, 2014 Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner(iacitvoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Sharon S. Shaver Phone/Email: 912 472-5072/sshaver@cityoftybee.org Comments: Date given to Clerk of Council July 31, 2014 P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 20140814CityCouncilPacket (866) 786-4573aegFAN(6) 786-5737 08/08/2014/jr1 www.cltyoftybee.org T fi r- -,Ja. CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION Application is hereby made for a license to do business within the City of Tybee Island as a deafer in alcoholic A�1 /� beverages as indicated below: LICENSE CLASSIFICATION FEE CHECK Notice: The applicant Retail Beer/Wine—Package Sales Only,Consumption on Premises Prohibited $ 350 for a license shall be a Retail Beer/Wine—Sale by Drink for Consumption on Premises Only - 575 citizen of the United Retail Liquor—Sale by Package Only,Consumption on Premises Prohibited 850 States, a resident of Chatham County, and _ Retail Liquor—Safe by Drink for Consumption on Premises Only 1.250 . owner of the business Retail Liquor—Sale by Package&Drink both in One Building under One Ownership 2,000 or if a corporation Sunday Safes—Sale by Drink for Consumption on Premises Only 150 partnership or other Sunday Sales—Package Sales Only 50 legal entity is the Wholesale Beer 765 owner, a substantial Wholesale Liquor - 1,500 and major stockholder Wholesale Wine 150 or the applicant may be Distiller, Brewer,or Manufacturer of Alcoholic Beverages 300 the manager of the Special Event—Public or Private Property Beer,Wine(no current license)per event 50 business charged with Special Event—Public or Private Property-Beer,Wine(no current license)3 days 100 the regular operation of Special Event—Public or Private Property-Beer,Wine(holding current license)per event _ 10 said business on the _Special Event—Business Property—Been Wine,Liquor(no current license)per event 50 premises for which the Special Event—Business Property—Beer Wine,Liquor(no current license)3 days lti license is issued. _Special Event—Business Property—Beer,Wine,Liquor(holding current license)per event 10 Business Name "e— .•�00- - Location /0.2 f4. / Mailing Address 7 -7.s / /� Phone !/.� ` . �i` I Email ic-L. 6,-S ' -� �f�'" L'. (ate Names and Home Addresses of Owners,Partners or Corporate Officers with Ten Percent(10%)Interest in Business Names(attach additional pages if necessary) Date of Birth home Addresses City,State,Zip Social Security# C.2/C / i®m1j , ry V cY4✓'. CO ?/t( l' . .,t 7 ,—.. I ^=- 40 If special event,date(s)of event ! ( Name of event: I i L° 'V L. Is business incorporated? State of Incorporation Date Incorporated _ Names of landlord of the business location Address Phone What other business is conducted at this location? / .e,7i 1(}Y f Ca Has application been made for required State and Federal Licenses? /k5 Has applicant,any person connected with,or any person having an interest in this business: o ever been convicted of any violation of law other than for a traffic violation?_ ' o ever served time in prison or other correctional institution? o ever had an alcohol beverage license suspended or revoked at any time in any location? (if answer is yes,give details) If this application is for RENEWAL of an existing license,enter License Number of existing license ' If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? If yes,submit additional affidavit. ALL OF THE FOREGOING INFORMATIe IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY, KNOWINGLY,AND Ar. e • LY, + ►. E SAME IS AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW. Applicant Signature `' Date__7/41,,,,z,,v__. if st Approval Signature Date / City Manager Sworn toan+-', ,•• .- ere, • ethis. day of 0101JY zoning Polite Niff • ' I��_.. r .� _ City Council Notary Pub/. RR*A. BRYANT Notary Public,Chatham CouritY GA M2IIry�' 1418ifyluouncilPacet Page 19 of 232 08/08/2014/jrl The CONSENT FORM is required for ALL alcohol license applications. CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL_ BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY. BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND,REGARDING AN ALCOHOL BEVERAGE CENSE APPLICATION.4-_-) A W FULL NAME PRINT SEX I RACE f DATIOF KITH 7 /aw' ? -r _ _ w.- ADDRESS SOCIAL SECURM'NUMBER 1 V i1 /` I Oki - `CLTY,STATE,ZIP - ' RE / DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications. ACKNOWLEDGEMENT I declare knowledge and understanding of Municipal Code Section 58-80: There is levied an excise tax on the sale of distilled spirits by the drink in the amount of three percent of the charge to the public for the beverage. SIGNATURE DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request. STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I, , do hereby make this affidavit to be part of my application for an alcohol beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at ,Tybee Island, Georgia. I am the of the establishment known as . I hereby further state that at least fifty percent (5001o) of the total annual gross food and beverage sales are derived from the sale of prepared meals or food. SIGNATURE DATE "..? - r Approved Denied Chief of Police Date •�h �y ,_ IL71 m. . Georg • (e ,' ' s i _ 4. U 20140814CityCouncilPacket Page 20 of 232 08/08/2014/jrl AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement") is made and entered into by and between RiskJockey, Inc., a Georgia Corporation ("Company"), and the governmental entity of the City of , Georgia ("Government"), on behalf of the Government's law enforcement agency ("Agency") ("Government" and "Agency" are sometimes together referred to herein as "Government/Agency"). WITNESSETH: WHEREAS, the Company has developed the means by which law enforcement agencies may fulfill open record requests online ("Process"); and WHEREAS, the Process involves providing access to an online application for the Government/Agency to: (a) streamline the evidence sharing/open records process; (b) provide online fee collection; and WHEREAS, the parties hereto desire to enter into this Agreement to provide for implementation of the Process with the Government/Agency to utilize the Process as more particularly described herein; NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, the parties hereto agree as follows: ARTICLE 1. SUMMARY DESCRIPTION OF PROCESS The Company shall provide secure access to authorized Agency representatives to process open records requests and share certain digital evidence online. The Company shall provide secure online access to evidence to legally interested parties for a fee. The Company shall charge convenience fees, as described in Exhibit "A," in addition to open record request fees charged by the Agency. The Company shall collect open records request fees on behalf of the Agency and shall reimburse the Agency on a monthly basis. 20140814CityCouncilPacket Page 21 of 232 08/08/2014/jrl Any time that the Company receives a request for online evidence or open records, the Company shall immediately notify the Clerk of Council for the City of Tybee Island, along with the person designated by the Chief of Police of the City of Tybee Island to be the person responsible for receiving requests on behalf of the Tybee Island Police Department. ARTICLE 2. COMPANY'S RESPONSIBILITIES Section 2.1. Training. The Company shall provide such training to the Agency as the Company deems necessary for the effective utilization of the Process. Section 2.2. Equipment. The Company shall provide to the Agency, at no cost, the equipment described in Exhibit "B" attached hereto ("Equipment"). Section 2.3. Compliance with Georgia Laws. The Company shall comply with all applicable laws and regulations of the Government/Agency and the State of Georgia including, but not limited to, the following: Open Records Requirements. The Company shall at all times comply with the provisions of O.C.G.A. § 50-18-72 of the Georgia Open Records Act ("Act"). Records Retention. The Company shall store information collected in accordance with mandated requirements of the Government/Agency and the State of Georgia. Section 2.4. Dissemination of Information. The Company shall provide a secure online portal for the dissemination of information by the Agency to ensure compliance with the requirements of the Act and any other applicable laws and regulations. Section 2.5. Fees. The Company shall collect convenience fees and open records request fees, and shall distribute such fees in the amounts and frequencies as described in Exhibit "A." Section 2.6. Form of Evidence Collected. The Company shall make every reasonable effort to accommodate all formats of digital evidence collected by the Agency and shall make reasonable efforts to integrate the Process with Government/Agency records management systems and evidence gathering equipment. Section 2.7. Website Link. The Company shall provide a link to the Company's website from the Government/Agency's website as described in Exhibit "D". 20140814CityCouncilPacket Page 22 of 232 08/08/2014/jrl Section 2.8. Indemnification. The Company expressly recognizes that any breach on its part of the laws pertaining to open records and criminal investigations may result in potential liabilities to the Government/Agency. To the fullest extent permitted by law the Company shall indemnify and hold harmless, the Agency, the Agency's employees, and Agency's agents and representatives from and against claims damages, losses, expenses, fees, and fines including but not limited to attorney's fees, arising out of or resulting from performance of the Company's duties under this Agreement, provided that such claim, damage, loss or expense is attributable to a breach of the open records law or the law related to criminal investigations, bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Company, the Company's employees, the Company's agents, the Company's subcontractors, or for anyone for whose acts they may be liable. Notwithstanding the foregoing, where the damages, losses or expenses, including attorney's fees, arising out of a breach of the open records law or law pertaining to criminal investigations, bodily injury to persons, death or damage to property is caused by or results from the sole negligence of the indemnitee, this section shall not be applicable. Such obligation shall not negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist. Section 2.9. Ownership and Control of Records and Data. This Agreement does not convey any ownership or control over the records or data of the Agency, including the records, data, video, and information captured by the Equipment specified in Section 2.2 of this Agreement. The Company shall only have rights to the information, as a member of the public pursuant to the Open Records Act. Notwithstanding the foregoing limitations expressed in this Section, nothing contained in this Section shall abrogate any of the duties placed upon the Agency in complying with the facilitation and procurement of records and digital evidence under this Agreement. ARTICLE 3. AGENCY'S RESPONSIBILITIES Section 3.1. Release of Information for Dissemination. The Agency shall make every reasonable effort to authorize the release of information as quickly as possible. The Company shall not disseminate information without the authorization of the Agency. Section 3.2. Exclusive Arrangement. The Company shall be deemed by the Agency as the exclusive provider of online evidence dissemination and open record request processing for the term of this Agreement, with the exception of the online dissemination of accident/crash reports, if subject to an existing agreement between the Agency and a third party. Notwithstanding this exclusive arrangement, nothing shall prohibit the Agency from lawfully responding to any Open Records Request. 20140814CityCouncilPacket Page 23 of 232 08/08/2014/jrl Section 3.3. Reports. The Agency shall place the Company name and website address on all accident reports, incident reports and citations, with a description of services provided, to the satisfaction of the Company as provided in Exhibit "C". Section 3.4. Agency Website. If the Agency has a website, in addition to other instructions pertaining to the lawful dissemination of open records and records pertaining to criminal investigations, the Agency shall provide a link to the Company's website as described in Exhibit "D" Section 3.5. Use of Equipment. Agency shall videotape all accident and incident investigations with equipment provided in Exhibit "B". Section 3.6. Storage. The Agency shall store all digital evidence and records in accordance with the record retention requirements pursuant to Georgia law. ARTICLE 4. TERM AND TERMINATION Section 4.1. Term. The initial term of this Agreement shall be from the date of execution through December 31, 2014. Following the initial term, this Agreement shall commence on January 1, 2015 for a period of one (1) year, unless earlier terminated in accordance with this Agreement, and shall be extended automatically thereafter for as long as the parties hereto are satisfied without notification by or to either, so long as such extension shall not exceed fifty (50) years. Section 4.2. Termination. This Agreement may be terminated by either party for any reason upon thirty (30) days prior written notice to the other party of the intended date of termination. ARTICLE 5. ASSIGNMENT This Agreement and any of the rights of the parties hereunder may not be assigned or transferred, except with the prior written approval of the parties. ARTICLE 6. RELATIONSHIP OF PARTIES Nothing contained in this Agreement shall be deemed to create any relationship other than that of an independent contractor between the Company and the Government/Agency. Under no circumstances shall any Company 20140814CityCouncilPacket Page 24 of 232 08/08/2014/jrl employee or representative be deemed to be an employee or representative of the Government/Agency for any purpose. Under no circumstances shall any official, employee or representative of the Government/Agency be deemed to be an employee or representative of the Company for any purpose. ARTICLE 7. MISCELLANEOUS Section 7.1. Notices. Any notices required to be given hereunder shall be effective if mailed in the United States Mail, certified with return receipt requested, to the following addresses: To the Company: RiskJockey, Inc. 11770 Haynes Bridge Road Suite 205-314 Alpharetta, GA 30009 Attention: Michael A. Connell, President To the Government/Agency: City of Tybee Island Attention: City Manager 403 Butler Avenue City of Tybee Island, Georgia 31328 Section 7.2. Governing Law. This Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of Georgia, and may not be modified or amended except by written instrument executed by the parties hereto. Section 7.3 Entire Agreement/Amendment. This Agreement contains all the terms and conditions and represents the entire agreement between the parties. There are no understandings, representations, or agreements, written or oral, other than those contained in this Agreement. If for any reason this Agreement shall need to be revised or otherwise amended, then such revision or amendment shall be carried out and agreed to in writing by the parties hereto, and any such revision or amendment shall become a part of the Agreement. All amendments shall either revise specific provisions of the Agreement or shall provide for new provisions to become a part of the Agreement. All other provisions of the Agreement not otherwise affected shall remain in effect and unchanged. Section 7.4. Section Headings. The section headings contained in this Agreement are for reference only and shall in no way define, limit or describe the scope of this Agreement or the intentions of the parties hereto, and shall in no 20140814CityCouncilPacket Page 25 of 232 08/08/2014/jrl way affect the meaning and interpretation of this Agreement. Section 7.5. Gender and Number. Words of any gender in this Agreement shall be held to include masculine, feminine, or neuter forms and words in the singular shall be held to include the plural, and vice versa, as the context permits or requires. Section 7.6. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the maximum extent permitted by law. Section 7.7. No Waiver. Any delay or omission to exercise any right or power accruing upon default, or any waiver or failure by either of the parties hereto to insist upon the strict performance of any of the requirements and obligations hereunder, shall not be deemed to be a waiver of any other requirement or obligation hereunder, or otherwise restrict the right to insist upon strict performance of any such requirement or obligation. Section 7.8. No Remedy Exclusive. No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and in addition to every other remedy hereunder, now or hereafter existing in law or in equity. Section 7.9. Counterparts. This Agreement may be executed in one (1) or more counterparts, all of which together shall be deemed to constitute one (1) and the same instrument. Section 7.10. Duplicate Originals. Identical copies of this Agreement may be executed by each of the parties hereto, and each such executed copy shall be deemed to constitute an original instrument. One (1) such original Agreement shall be retained by each of the parties to this Agreement. ARTICLE 8. JURISDICTION AND VENUE The Company agrees that any civil action, arbitration or mediation of any dispute arising under this Agreement shall take place only in Tybee Island or Savannah, Chatham County, Georgia. City and Company further agree and stipulate to the jurisdiction and venue of the United States District Court for the Southern District of Georgia, Savannah Division, the Superior Court of Chatham County or the State Court of Chatham County over them and over any civil action arising under this Agreement. 20140814CityCouncilPacket Page 26 of 232 08/08/2014/jrl ARTICLE 9. APPLICABLE LAWS The Company agrees that it and all of its subcontractors will comply with all applicable legal requirements whether imposed by Local, State or Federal law and, further, will comply with State "SAVE" requirements. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and affixed their seals, this day of 2014. RISKJOCKEY, INC. Name: Michael A. Connell Title: President City of , GEORGIA Name: Jason Buelterman Title: Mayor, City of Tybee Island As approved to form by: Edward M. Hughes, Esq. Attest: 20140814CityCouncilPacket Page 27 of 232 08/08/2014/jrl EXHIBIT "A" COLLECTION AND DISTRIBUTION OF FEES Open Records Request Fees The Agency shall be entitled to 100% of open records request fees charged by the Agency and collected by the Company. As directed by the Agency, payments will be made to the Agency via check on a monthly basis, or the Agency will direct the Company to use all or a portion of proceeds to purchase public safety equipment on its behalf. Convenience Fees The Company shall be entitled to 100% of the convenience fees for providing online access to evidence including, but not limited to, the following: Per Video $50.00 Per Audio $25.00 Photographs (bulk) $20.00 Per Report $15.00 The nature and amount of convenience fees are subject to change, at the sole discretion of the Company, without approval of the Government/Agency. 20140814CityCouncilPacket Page 28 of 232 08/08/2014/jrl EXHIBIT "B" EQUIPMENT LIST The Company and Agency will conduct a 30-day test of 14 (fourteen) Vievu Wearable Video Camera Systems at no cost to the Agency. At the end of the 30-day test period, the Company and Agency will make a mutual decision regarding the type of wearable cameras the Company will provide to the Agency; a timeframe for equipping the Agency with 10 (ten) additional Vievu wearable cameras; and service and upgrade options. Should any of the Equipment be lost or stolen, the Agency agrees to reimburse the Company for the full cost of the unit within 15 days. Equipment which becomes damaged or inoperable through normal wear and tear shall be replaced by the Company at no cost to the Agency. Should the Company and/or Agency terminate this Agreement, all equipment shall be returned to the Company. 20140814CityCouncilPacket Page 29 of 232 08/08/2014/jrl EXHIBIT "C" PAGE 2 of 3 REMARKS: Vehicle 1 struck vehicle 2 on the back side. Driver of vehicle 1 stated that he was not paying attention and did not realize that vehicle 2 had stopped.Driver 1 stated that he did not have enough time to react and his vehicle struck vehicle 2. Driver 1 stated that he was ok and did not need any medical attention. Driver of vehicle 2 stated that he stopped due to traffic stopping in front of him.Driver 2 stated that his vehicle was struck on the back side by vehicle 1. '•'Continued on Next Page INDICATE ON THIS DIAGRAM WHAT HAPPENED INDICATE NORTH I I I I I I i "•REQUEST VIDEO VIA RISKJOCKEY.COM••• CITATIONS-VEHICLES j_ CITATIONS-VEHICLES _7 FOLLOWING TOO CLOSELY NONE Feu n.mly texffiewnr wrm. hulas Calf. upnrtane. II eP -o=.a..S Ina Ana ox. has CNanse1N em.eneeen/wwsnane.2.. F'anl. Flew ENIIIO& MA 11 Inpes CANN 11 1 1 1 1 3 1 2 1 1 I 0 VEH! 1 VE111 2 SKID DISTANCE 0 AFTER 0 Wies o1 RANI HOmaaralouupanu 1 g. VEH91 1 VE14 1 BEFORE Pala at Initial Contact 12 0 IMPACT 0 0 S0 Manage.To Vehicles 4 4 VEH S 2 VEH E 2 Damage Dams NONE Owner: • v TN(€x SETT uR Than Vehicle: S C H 0 � 100 COCCI EOUIP. EnifeC rLn E K S TREAT Driver 0 1 Or Pedestrian R 0 2 1 1 2 1 Occupants plat Snowf. Driver 0 2 Or Pedestrian I 0 2 1 a 2 2 LAST NAME FIRST ADDRESS CITY STATE ZIP 7777 10002E 100050 30Ci0 may NOWT 7400f 20140814CityCouncilPacket Page 30 of 232 08/08/2014/jrl EXHIBIT "D" OPEN RECORD REQUESTS 20140814CityCouncilPacket Page 31 of 232 08/08/2014/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: August 14, 2014 Item: Backhoe & Grader RFP recommendation: $167,600 from Flint Equipment—John Deere model—lowest price and added features. Price is good for 30 days. Recommend financing with a no pre-payment penalty. Budget Line Item Number(if applicable): 100-4210-54-2100 Paper Work: _X_Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 8.14.14 20140814CityCouncilPacket Page 32 of 232 08/08/2014/jr1 1 1 / 0c100' . RFP # 2014-648 CITY OF TYBEE ISLAND TYBEE ISLAND, GEORGIA IS ISSUING THIS REQUEST FOR PROPOSAL FOR FURNISHING THE PRODUCT DESCRIBED HEREIN: BACKHOE AND GRADER Bidders shall offer services and materials which may be upgraded with optional services and materials which may not be purchased at time of bid award. Bidder shall specify in the proposal the delivery schedule for the products and services from time of notification of award of bid. BIDS ARE TO BE RETURNED NO LATER THAN: JULY 23,2014 AT 10:00AM BIDS WILL BE OPENED ON JULY 23,2014 AT 11:00 AM AT CITY HALL. ALL RESPONDENTS ARE INVITED TO ATTEND. The City is seeking a total bid package for service/materials equal to or exceeding specifications set forth on the attached pages which must meet or exceed stated specifications. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this request for proposal All responses, inquiries, or correspondence relating to, or in reference to, this request for proposals, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders shall become the property of the City when received. All proposals submitted in response to this invitation for bid shall become the property of the City. The City retains the right to use any or all ideas presented in any proposal to the invitation to bid, whether amended or not. Selection or rejection of the proposal does not affect this right. Mail proposal to: BID NUMBER 2014-648 MELISSA FREEMAN 403 BUTLER AVE PO BOX 2749 TYBEE ISLAND, GA. 31328 (912) 472-5023 Inquiries or other need for clarification in this document should be submitted no later than July 21, 2014. 20140814CityCouncilPacket Page 33 of 232 08/08/2014/jr1 Questions to: Michael Ashdown 912-472-5044 Email: mashdown @cityoftybee.org METHOD OF AWARD: Contracts shall be awarded to the lowest, responsive, and responsible bidder. Bidders must respond completely by filling in all applicable blanks. Bids are subject to the terms and conditions of this Request for Proposal. Bids shall be submitted in a sealed envelope, clearly marked on the outside of the envelope, to the office of the above address prior to the time specified. Signature of bidder indicates that bidder understands and will comply with attached terms and conditions and all other specifications made a part of this invitation for bid and any subsequent award or contract. All terms, conditions and representations made in this invitation will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of proposals. WAIVER: The City of Tybee Island reserves the right to reject any or all bids received. The City reserves the right to waive any variances from original bid specifications in cases where the variances are considered to be in the best interest of the City. SUBMISSION OF BIDS AND SUPPLEMENTAL MATERIALS Bids and all required or requested supplemental materials in compliance with the attached specifications shall be submitted to the office of the Clerk of Council. Supplemental materials will not be accepted after the bids have been opened, unless requested by the City. Please include a bid sheet, W-9, vendor application, and affidavit verifying status, which can be found at the end of this request. SPECIFICATIONS 2014/2015 14' BACKHOE I. GENERAL CURRENT PRODUCTION MODEL 14-FOOT CLASS BACKHOE LOADER. ALL SPECIFICATIONS ADVERTISED MUST COMPLY WITH SAE OR ISO STANDARDS. II. SAFETY UNIT TO BE EQUIPPED WITH THE FOLLOWING: ROLL OVER PROTECTIVE STRUCTURE (ROPS),RETRACTABLE SEAT BELT MEETING SAE J1040, SAE J386,AND SAE 231 CRITERIA. LOADER SERVICE STRUT. VANDALISM PROTECTION TO INCLUDE THE FOLLOWING LOCKABLE COMPONENTS: 20140814CityCouncilPacket Page 34 of 232 08/08/2014/jr1 ENGINE MONITOR,FRONT ENGINE GRILL,HYDRAULIC FILL,FUEL FILL,AND EXTERNAL TOOLBOX. ALL LOCKS MUST BE OPENED WITH ENGINE START KEY. FRONT AND REAR BUTTONS FOR HORN. III. ENGINE TURBOCHARGED,WATER-COOLED, 4-CYCLE,DIRECT INJECTION DIESEL ENGINE MUST CONFORM TO U.S. EPA INTERIM TIER IV AND CARE REGULATIONS. HORSEPOWER OUTPUT: MINIMUM 90 SAE GROSS ENGINE HP AT 2200 RPM THROTTLE CONTROL: To BE HAND AND FOOT OPERATED IV. TRANSMISSION: 4 SPEED POWER SHIFT MINIMUM TOP SPEED OF AT LEAST 24 MPH V. REAR AXLE: LIMITED SLIP DIFFERENTIAL No LESS THAN 27,000 LBS. STATIC LOAD RATING. VI. FRONT AXLE 4WD: 4WD TYPE: INDUSTRIAL DUTY,WITH OUTBOARD PLANETARY FINAL REDUCTION, SHIFT ON THE GO. 11 DEGREES OF AXLE OSCILLATION EITHER SIDE OF CENTERLINE. No LESS THAN 26,000 LBS. STATIC LOAD RATING. GROUND CLEARANCE: 11 INCHES MINIMUM VII. BRAKES SEALED WET MULTIPLE DISC. MUST BE ABLE TO OPERATE BRAKE PEDALS INDEPENDENTLY AS TURNING BRAKES OR LOCKED TOGETHER FOR ROAD OPERATION. HYDRAULIC ACTUATION. VIII. ELECTRICAL SYSTEM: 20140814CityCouncilPacket Page 35 of 232 08/08/2014/j1-1 TYPE: 12 VOLT SYSTEM WITH 90 AMP (MINIMUM)ALTERNATOR. ELECTRICAL CONNECTIONS MEET IP67 FOR CONNECTIONS LOCATED IN THE CAB AND MEET IP69 FOR CONNECTIONS OUTSIDE THE CAB. BATTERY: SINGLE RATED AT 950 COLD CRANKING AMPS (MINIMUM . 190 MINUTE RESERVE CAPACITY.MAINTENANCE FREE. LIGHTING: FOUR HALOGEN WORK LIGHTS FRONT AND FOUR HALOGEN WORK LIGHTS REAR(TOTAL OF EIGHT), STOP LIGHTS,TURN SIGNALS,FOUR WAY HAZARD FLASHERS. INSTRUMENTATION: GAUGES AND READOUTS CONSISTING OF A TACHOMETER,FUEL GAUGE,ENGINE COOLANT TEMPERATURE GAUGE, HOUR METER AND CLOCK. LIGHT AND ALARM FOR BATTERY CHARGE CONDITION, COOLANT TEMPERATURE,ENGINE OIL PRESSURE, TRANSMISSION OIL PRESSURE, TRANSMISSION OIL TEMPERATURE,AIR CLEANER RESTRICTION,PARKING BRAKE ENGAGEMENT,AND WATER IN THE FUEL. LIGHT INDICATORS FOR FRONT WORK LIGHTS ON,REAR WORK LIGHTS ON,TURN SIGNAL, 4 WAY FLASHERS. CIRCUIT PROTECTION: FUSES AND RELAYS LOCATED IN COMMON PANEL. ACCESSORY: 12-VOLT OUTLET FOR ACCESSORIES IX. SEAT/OPERATOR PLATFORM: SEAT: SUSPENSION SEAT WITH ADJUSTMENTS FOR WEIGHT, SEAT ANGLE, BACK ANGLE.ARMRESTS AND 2.5 INCH(MINIMUM) RETRACTABLE SEAT BELT. CAB: TILT STEERING COLUMN,FRONT WINDSHIELD WITH 2 SPEED PLUS INTERMITTENT WIPER AND WASHER AND INTERIOR REAR VIEW MIRROR. EXTERIOR REAR VIEW MIRRORS. AMBER ROTATING BEACON X. LOADER-MULTI-PURPOSE UNIT TO BE EQUIPPED WITH AN INTEGRALLY MOUNTED FRONT-END LOADER MEETING THE FOLLOWING CRITERIA: MINIMUM 1.3 CUBIC YARD CAPACITY HEAVY DUTY BUCKET. CLAMSHELL BUCKET WITH INTEGRAL PALLET FORKS. MINIMUM 7,000 LBS LIFT CAPACITY. 20140814CityCouncilPacket Page 36 of 232 08/08/2014/id MINIMUM 10,000 LBS BREAKOUT FORCE. MINIMUM 8' 6"DUMP HEIGHT. MULTI-PURPOSE PIN-ON LOADER BUCKET W/REVERSIBLE BOLT-ON EDGE. XI. BACKHOE,MAINFRAME AND HYDRAULICS: UNITIZED, ONE PIECE MAINFRAME 24"HEAVY DUTY BACKHOE BUCKET W/TEETH AND D-RING. BACKHOE WITH EXTENDING DIPPER: MAXIMUM DIGGING DEPTH TO EQUAL OR EXCEED 14' 6"RETRACTED AND 18' 4"EXTENDED. STABILIZER OPERATING WIDTH TO EQUAL OR EXCEED 10' DIPPER LIFT AT 8' TO EQUAL OR EXCEED 5,000 LBS. BOOM LIFT AT GROUND LEVEL TO EQUAL OR EXCEED 3,250 LBS. DIPPER BREAKOUT TO EQUAL OR EXCEED 8,500 LBS. BUCKET BREAKOUT FORCE TO EQUAL OR EXCEED 10,000 LBS. STABILIZER CYLINDER GUARDS HYDRAULICS: HEAVY DUTY XII. TIRES 4WD: 4WD FRONT: 14 x 17.5-INDUSTRIAL TREAD PATTERN 4WD REAR: 19.5 x 24 R4 -INDUSTRIAL TREAD PATTERN XIII. SERVICEABILITY AND MAINTENANCE: SERVICE AND MAINTENANCE DESIGN TO ENHANCE OPERATOR CONVENIENCE AND EASE OF MAINTENANCE. TILT ENGINE HOOD THAT ALLOWS EASY ACCESS TO SERVICE POINTS AND PROVIDES VANDAL PROTECTION. FRONT GRILL SCREEN THAT IS KEY LOCKABLE. ALL LOCKS MUST BE OPENED USING THE ENGINE START KEY. MAINTENANCE FREE BATTERY EXTERNAL TOOLBOX WITH INTEGRAL LOCKING HANDLE RUBBER GRILL GUARDS FACTORY MAINTENANCE AND PARTS MANUALS TO BE INCLUDED WITH DELIVERY CORROSION PREVENTION TREATMENT-BED LINER/EPDXY UNDERCOATING 20140814CityCouncilPacket Page 37 of 232 08/08/2014/j1-1 XIV. WARRANTY (MINIMUM) 12 MONTHS,NO HOUR LIMITATION WITH AN ADDITIONAL 12 MONTHS OR 2,000 HOURS OPTIONAL DEMO ACCEPTABLE W/FULL 12 MONTH/UNLIMITED HOUR FULL MACHINE WARRANTY 2014/2015 COMPACT MOTOR GRADER -CURRENT MODEL YEAR OR LOW HOUR DEMO MODEL WITH FULL WARRANTY ENGINE: 110 HP OR GREATER DIESEL WEIGHT: MAX. OPERATING WT. 22,000 LBS. TRANSMISSION: FULL POWERSHIFT WITH TORQUE CONVERTER(6) SPEEDS FORWARD TOP SPEED 24 MPH FINAL DRIVE: TANDEM(4)WHEEL DRIVE,INDEPENDENT OSCILLATION- SINGLE REDUCTION TORQUE PROPORTIONING DIFFERENTIAL FRONT AXLE: HIGH CLEARANCE,HYDRAULIC WHEEL LEAN 18°LEFT AND RIGHT,36°TOTAL OSCILLATION 20" CLEARANCE AT CENTERLINE STEERING: HYDROSTATIC,ORBITROL WITH GEAR TYPE PUMP, STEER ANGLE 40°LEFT AND RIGHT HYDRAULICALLY ACTUATED ARTICULATION,MINIMUM TURNING RADIUS OF 18' BRAKES: 4 -WHEEL,WET DISC, SELF-ADJUSTING,INDEPENDENT TANDEM-BY- TANDEM SYSTEM PARKING BRAKE-DISC BRAKE ON TRANSMISSION OUTPUT SHAFT MOLDBOARD: 12' LONG X 21" HIGH,REPLACEABLE CUTTING EDGES AND END BITS,HYDRAULIC LIFT OF 15" ABOVE GROUND, 20" PENETRATION,POWER SIDE SHIFT MINIMUM 17" LEFT AND RIGHT CIRCLE: GEAR DRIVEN,MINIMUM 50" DIAMETER,360°ROTATION, ATTACHED TO "A" TYPE DRAWBAR TIRES: 15.00 X 19.5 (8 PR) G2 TUBELESS TRACTION HYDRAULICS: GEAR TYPE PUMP,FULL HYDRAULIC OPERATION OF ARTICULATION, CIRCLE TURN,CIRCLE SIDE SHIFT,BLADE LIFT,BLADE SIDE SHIFT,WHEEL LEAN,BLADE PITCH PLUS MOLDBOARD FLOAT 20140814CityCouncilPacket Page 38 of 232 08/08/2014/id CONTROL VALVES,MECHANICAL HYDRAULIC CONTROL LOCKS ELECTRICAL: 100 AMP ALTERNATOR, 12 VOLT MAINTENANCE FREE BATTERIES OTHER EQUIP: BACK-UP ALARM,HORN,TURN SIGNALS,FRONT AND REAR FLASHER LIGHTS,FRONT HEADLIGHTS, STROBE LIGHT,INSIDE MIRROR AND (2) EXTERNAL REAR VIEW MIRRORS, 5 POINT TRANSPORT TIE DOWN SYSTEM CAB: CERTIFIED ENCLOSURE TO INCLUDE TINTED SAFETY GLASS, 40,000 BTU HEATER, (2)DEFROSTER FANS,FRONT &REAR WINDSHIELD WIPER AND WASHERS,REAR SLIDING WINDOW AND FABRIC SEAT SCARIFIER -FRONT MOUNTED "V" TYPE,MINIMUM 41" WIDE,MINIMUM 9 TEETH REAR RIPPER FACTORY MAINTENANCE AND PARTS MANUALS TO BE INCLUDED WITH DELIVERY PAYMENT The bidder shall specify terms of payment. The City prefers to make payment with a Purchasing Card. SERVICES To BE PROVIDED The successful bidder shall perform the following work for the City: Sale and delivery of Backhoe and Grader Supply all training needed at customer's premises. INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming the City of Tybee Island as also insured, a 30 day cancellation notice, indicating the following minimum coverage: Comprehensive General Liability $2,000,000.00 Automobile Public Liability $2,000,000.00 Workman's Compensation Insurance equal to the statutory requirements. TAXES The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will be provided with the invoice at the time of payment,if requested. DELIVERY: F.O.B. DESTINATION 76 Polk St, Tybee Island, Georgia 31328 unless otherwise stated. 20140814CityCouncilPacket Page 39 of 232 08/08/2014/jr1 TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of violations by the successful bidder of any term or condition of the contract by giving thirty(30) days written notice,unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiencies. City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) "Purchase Order" or"Order"means this purchase order. (b) "Buyer"means The City of Tybee Island. (c) "Seller" or"Vendor"means the party furnishing the supplies under this order. (d) "Supplies" means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable items, items, data and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a part of this order. (e) "Loss" means any or all the following: claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and expenses and other legal costs). ACCEPTANCE. This order constitutes an offer which shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller in the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer's act of accepting or paying for any shipment, or similar act by Buyer. PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order. PACKING AND SHIPPING. All items shall be suitable packed and prepared for shipment to insure their safe transportation, to secure the lowest transportation cost, and to comply with the requirements of carriers. Buyer's order number shall appear on all documents and correspondence relating to these items. Packing lists shall accompany the items and shall include the order number, Buyer's part number, Seller model number, description of items shipped and any other information called for in the order. Buyer's count or weight shall be final and conclusive on shipments not accompanied by a packing list. Seller shall be liable for all excess transportation or other charges resulting from Seller's failure to comply with Buyer's packing, shipping, routing and delivery instructions. 20140814CityCouncilPacket Page 40 of 232 08/08/2014/jr1 DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer's delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller's failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer's option be rejected and returned to Seller at Seller's expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on Supplies shall be f.o.b. destination, at Seller's sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller's responsibility until goods have been delivered to Buyer's designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer's delivery schedule, Buyer may, in addition to any other rights that Buyer may have under this order, require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance, response time, etc.), shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This warranty shall survive inspection, delivery and payments shall run to Buyer, its successors, assigns and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent, harmless from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller's expense, or (2) reject and return such supplies or other deliverable items at Seller's expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing. 20140814CityCouncilPacket Page 41 of 232 08/08/2014/jr1 TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor. ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order, including completed or substantially completed items or major components thereof, with Buyer's written consent. Nothing in this order shall be seen as prohibiting Seller's purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid incurring any additional costs under this order. Buyer's sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller's reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order; (3) any Loss caused by or resulting from the supplies purchased under this order, (4) any intended use of products or materials provided by Seller; (5) any defective products or materials provided by Seller, including without limitation the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all materials recognized by the Environmental Protection Agency as hazardous; or(6) any breach by Seller of any express or implied warranties. If Seller's work hereunder involves operations by Seller's agents, subcontractors, suppliers or employees on Buyer's premises or any place where Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or damage to persons or property during the progress of such work. Further, Seller shall indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller's agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee's liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under this order shall not constitute a waiver of such rights or any other rights. 20140814CityCouncilPacket Page 42 of 232 08/08/2014/jr1 ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law. DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans and specifications and bid documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION. Notwithstanding any other provision hereof, this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the city in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. QUOTATION SHEET A. Description: TOTAL COST: $ Quotation Expiration date: 20140814CityCouncilPacket Page 43 of 232 08/08/2014/jr1 Form W-9 Request for Taxpayer Give form to the (Rev.October 2004) Identification Number and Certification requester. Do not Department of the Traeaury send to the IRS. Internal Revenue .ace Name(as reported on your income tax return) m rn m a Business Doane,If different from above es c c a•p Individual/ Exempt from backup t Check appropriate box: 1_1 Sole proprietor ❑ Corporation ❑ Partnership ❑ Other R ❑withholding Address(number,street,and apt.or suite no.) Requester's name and address(optional) d u 8 City,.state,and ZIP code a tJl List account number(s)here(optional) ns try Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding.For individuals,this is your social security number(SSN). However,for a resident I 1 1 1 1 1 I I alien.sole proprietor, or disregarded entity,see the Part I instructions on page 3.For other entities. it is your employer identification number(EIN).If you do not have a number, see How to get a TIN on page 3. or Note.If the account is in more than one name, see the chart on page 4 for guidelines on whose number Employer identification number to enter. I 1- 1 1 1 1 1 1 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a) I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S.resident alien). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions.. item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA), and generally,payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here V.S.person ■ Date • City of Tybee Island, PO Box 2749, Tybee Island, GA 31328 912-786-4573 I (fax) 912-786-9465 What products/services do you provide to the City of Tybee Island: To whom shall we direct the Purchase Order? Sales Contact: Email: Phone# Fax# Location: To whom shall we direct Payment? A/R Contact: Email: Phone# Fax# Remittance Address: Our terms are Net 30. 20140814CityCouncilPacket Page 44 of 232 08/08/2014/jrl ♦1 s,. M n, Affidavit Verifying Status for City Public Benefit Application By executing this affidavit under oath, as an applicant for a City of Tybee Island, Georgia, Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract, or other public benefit as referenced in O.C.G.A. Section 50-36-1,I am stating the following with respect to my application of a City of Tybee Island: • Business License or Occupational Tax Certificate, • Alcohol License, (circle all that apply) • Taxi Permit, • Contract • Other public benefit for (printed name of natural person applying on behalf of individual, business, corporation,partnership, or other private entity). 1) I am a United States citizen. OR 2) I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act, 18 years of age or older and lawfully present in the United States. * In making the above representation under oath, I understand that any person who knowingly and willfully makes a false,fictitious,or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia. Signature of Applicant Date Printed Name *Alien Registration Number for Non-citizens SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 Notary Public My Commission Expires: Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration and Nationality Act, Title 8 U.S.C., as amended,provide their alien registration number. Because legal permanent residents are included in the federal definition of"alien", legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number below: 20140814CityCouncilPacket Page 45 of 232 08/08/2014/jr1 RFP #2014-648 BID COMPARISON JCB John Deere Volvo Case Backhoe: Meets Spec Yes Yes Yes Yes Grader: Meets Spec No* Yes Yes No Cost JCB John Deere Volvo Case Backhoe $66,500 $74,000 $72,117 $75,955 Less Trade In -$25,000 -$18,400 -$17,500 -$20,000 Grader * $128,148 $140,000 $139,280 $181,844 Demo Grader ** $69,970 $112,000 N/A N/A Total * $169,648 $195,600 $193,897 $237,799 Total W/Demo Grader ** $111,470 $167,600 N/A N/A *Add $6,205 for Rear Ripper; Bringing Total to $175,853 **No rear Ripper (which was in the specs) or cab, Cab with A/C will improve productivity and decrease wear on controls from weather John Deere has proven in the past to have good customer service and quick response time. John Deere has recessed grease fittings and other features that make maintenance and repairs easier. JCB has taken over two weeks for many parts other than filters. 20140814CityCouncilPacket Page 46 of 232 08/08/2014/jrl • MAYORti,i. , � CIT MANAGER Jason Buelterman �ti # � Di ne Schleicher CITY COUNCIL 'r° ITY CLERK Wanda Doyle,Mayor Pro Tern I anet LeViner Barry Brown Jan Fox r � CITY ATTORNEY Bill Garbett \ Ifre Edwajd M. Hughes Tom Groover �� ax :` �/ Paul Wolff CITY OF TYBEE ISLAND City of Tybee Island RFP Bids RFP# 4 al .- PROJECT 4T itir K) e L'?- e-i, DUE 7 /2-3/j V / , OPENED 7/2 // 64/ /1/ 4E �� J BIDDER AMOUNTS NOTES 1. ' trt i 1 if o' (61 d&✓`ilittaLts1 /614 /1q 2. f 4.) t I- ft . / , - 2 31 9 3. # f ( Cr r 'V+i I f- P 4. � l 4YZC4 te [ S. 6. 7. 8. 9. 10. 11. 12. OPENED BY: `` - ) j +`'--1 WITNESS: C it et 6( sqs de`Go 2 P.U. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (866)786-4573—FAX (866)786-5737 VIw w°.citvoftvbee.org 20140814CityCouncilPacket Page 47 of 232 08/08/2014/jr1 MAYOR CITY MANAGER Jason Buelterman w Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern ( ' Janet LeViner Barry Brown ,. Rob Callahan CITY ATTORNEY Bill Garbett Edward M. Hughes Monty Parks % Paul Wolff CITY OF TYBEE ISLAND RE: Bid #2014-648 Backhoe &Grader RFP It is my recommendation that the City accept the bid from Flint Equipment for $167,600 or the following reasons: 1.) The backhoe has a larger lifting capacity, larger hydraulic pump, easier to maintain, has a John Deere equipment link for diagnostics, has an epoxy anti-rust treatment, and we have had good parts and service from John Deere in the past. 2.)The grader has the extra scarifier, enclosed cab w/air which would increase productivity and lower the chance of weather affecting controls. 3.) They have the equipment on their yard for immediate delivery. 4.) Bets price for the best equipment. Joe S. Wilson Public Works Director City of Tybee Island 912-658-8302 jwilsonc cityoftvbee.orq P.O. Box 2749--403 Butler Avenue,Tybee Island,Georgia 31328-2749 (866) 786-4573—FAX (866) 786-5737 20140814CityCouncilPacket wwwigtiottykee.org 08/08/2014/jrl MAYOR CITY MANAGER Jason Buel€erman Diane Schleicher CITY COUNCIL ` CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown 1� 7 Jan Fox s CITY'AT ORNEY Bill Garbett EdwardM-Hughes Tom Groover K,\KE I 04 Paul Wolff " "—" ' CITY OF TYREE ISLAND City Council Agenda Item Request Council Meeting Date for Request: August 14,2014 Item: Request City Councils' approval to obtain a loan through SunTrust Bank for$170,000 for 3 years with an interest rate of 1.64%in order to acquire a Grader and Backhoe equipment for the Public Works Department. Description: Financing Options for Backhoe and Grader Equipment Explanation: The Public Works Department issued request for proposal to acquire backhoe and grader equipment; the department selected the bids costing $169,000 for the equipment. During the budget process, the city acquired proposals for financing the equipment from GMA and SunTrust Bank; SunTrust Bank had the lowest interest rates. Below is a comparison of SunTrust Bank's and GMA's loan proposals: Option 1 SunTrust Bank Interest Rate Total Monthly No. of Interest Amount Annual Date of years Prepayment @ 101% Paid Paid Amount Paid Maturity Total Paid 3 1.44% $ 3,800.40 $ 4,827.79 $ 57,933.48 Aug-17 $ 173,800.40 5 1.81% $ 7,936.60 $ 2,965.61 $ 35,587.32 Aug-19 $ 177,936.60 7 1.995% $ 12,287.48 $ 2,170.09 $ 26,041.08 Aug-21 $ 182,287.48 10 2.485% $ 22,171.48 $ 1,601.43 $ 19,217.16 Aug-24 $ 192,171.38 NOTE: This .roposal includes a 101%prepa meet rate on the outstandin balance of the loan. Option 2 SunTrust Bank Interest Rate Total Monthly No. of Interest Amount Annual Date of years Prepayment @ 100% Paid Paid Amount Paid Maturity Total Paid 3 - 1.64% - $ 4,332.41 $ 4,842.57 $ 58,110.84 Aug-17 $ 174,332.41 5 2.01% $ 8,827.78 $ 2,980.46 $ 35,765.52 Aug-19 $ 178,827.78 7 2.195% $ 13,549.70 $ 2,185.12 $ 26,221.44 Aug-21 $ 183,549.70 10 2.685% $ 24,031.56 $ 1,616.93 $ 19,403.16 Aug-24 $ 194,031.56 G MA _ Interest Rate Total Monthly No_ of Interest Amount Annual Date of years Prepayment @ 100% Paid Paid Amount Paid Maturity Total Paid 3 2.85% $ 7,572.72 $ 4,932.58 $ 59,190.96 Aug-17 $ 177,572.72 5 3.28% $ 14,552.56 $ 3,075.88 $ 36,910.56 Aug-19 $ 184,552.56 7 N/A N/A N/A N/A N/A N/A 10 N/A N/A N/A N/A N/A N/A P.O.Box 2749--403 Butler Avenue,Tybee Island,Georgia 31338-2749 (566)786-4573-FAX(866)786-5737 www.citvoftybee.org 20140814CityCouncilPacket Page 49 of 232 08/08/2014/jrl Financing the equipment through SunTrust Bank will save the City more money than financing through GMA as disclosed in the aforementioned schedule. Therefore, the staff request the City Councils' approve to finance the $170,000 acquisition of the backhoe and grader equipment through SunTrust Bank using option 2, financing a loan for 3 years at 1.64%with the option to prepay the loan without any penalties by passing the attached resolution. Budget Line Item Number(if applicable): Paper Work: X Attached* Already Distributed To Be Handed Out at Council Meeting(by Requester) Audio/Video Presentation** Submitted by: Angela Hudson, Finance Director Phone/Email: (912)472-50211ahudson citvof tybee.org Comments: Date given to Clerk of Council 2 ] Page 20140814CityCouncilPacket Page 50 of 232 08/08/2014/jr1 EXHIBITC [Escrow] Lease Number:F ] Equipment Schedule: 0I RESOLUTION OF GOVERNING BODY At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws,on the 14 day of August,2014,the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT,. EQUIPMENT SCHEDULE NO. 01, AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body of CITY OF TYBEE ISLAND ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule No. 01 (the "Equipment Schedule") to the Master Lease Agreement (collectively, the "Lease"), between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ("Lessor'") and Lessee, the form of which has been available for review by the governing body of Lessee prior to this meeting;and WHEREAS,the Equipment is essential for Lessee to perform its governmental functions;and WHEREAS, the funds made available under the Lease will be deposited with SUNTRUST BANK ("Escrow Agent") pursuant to an Escrow Agreement between Lessor, Lessee and Escrow Agent (the"Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement;and WHEREAS, Lessee has satisfied the legal requirements, including those relating to any applicable public bidding requirements,to arrange for the acquisition of the Equipment and the execution and delivery of the Lease and the Escrow Agreement;and WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST EQUIPMENT FINANCE & LEASING CORP,and the Escrow Agreement with Lessor and Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents") in substantially the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and fmancing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Mayor of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Clerk of Council of Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be,and each of them hereby is,authorized and directed to execute and deliver any and all papers, instruments,opinions,certificates,affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 5. This resolution shall take effect immediately. 20140814CityCouncilPacket Page 51 of 232 08/08/2014/jr1 The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of the Lessee is the same as presented at such meeting of the governing body of Lessee,excepting only such changes,insertions and omissions as shall have been approved by the officers who executed the same. Date: CITY OF TYBEE ISLAND, Lessee By: Name:Jason Buelterman Title:Mayor Attested By: Name: Jan LeViner Title:Clerk of Council 20140814CityCouncilPacket Page 52 of 232 08/08/2014/jrl AMORITIZATION SCHEDULE OF PUBLIC WORKS LOAND FROM SUNTRUST BANK Tybee Island, GA Assumed Funding Date: 8/15/2014 Financing Amount: $ 170,000.00 Interest Rate: 1.640% Payments per Period 12 Number of Payments 36 Payment Amount 4,842.57 Prepayment Date Payment Interest Principal Balance Price 9/15/2014 4,842.57 $ 232.34 $ 4,610.23 $ 165,389.77 $ 165,389.77 10/15/2014 4,842.57 226.04 4,616.53 160,773.24 160,773.24 11/15/2014 4,842.57 219.73 4,622.84 156,150.40 156,150.40 12/15/2014 4,842.57 213.41 4,629.16 1 51,521.24 151,521.24 1/15/2015 4,842.57 207.08 4,635.49 146,885.75 146,885.75 2/15/2015 4,842.57 200.75 4,641.82 142,243.93 142,243.93 3/15/2015 4,842.57 194.41 4,648.16 137,595.77 137,595.77 4/15/2015 4,842.57 188.05 4,654.52 132,941.25 132,941.25 5/15/2015 4,842.57 181.69 4,660.88 128,280.37 128,280.37 6/15/2015 4,842.57 175.32 4,667.25 123,613.12 123,613.12 7/15/2015 4,842.57 168.94 4,673.63 118,939.49 118,939.49 8/15/2015 4,842.57 162.55 4,680.02 114,259.48 114,259.48 9/15/2015 4,842.57 156.16 4,686.41 109,573.07 109,573.07 10/15/2015 4,842.57 149.75 4,692.82 104,880.25 104,880.25 11/15/2015 4,842.57 143.34 4,699.23 100,181.02 100,181.02 12/15/2015 4,842.57 1 36.92 4,705.65 95,475.37 95,475.37 1/15/2016 4,842.57 1 30.49 4,71 2.08 90,763.28 90,763.28 2/15/2016 4,842.57 124.05 4,718.52 86,044.76 86,044,76 3/15/2016 4,842.57 117.60 4,724.97 81,319.79 81,319.79 4/15/2016 4,842.57 111.14 4,731.43 76,588.36 76,588.36 5/15/2016 4,842.57 104.67 4,737.90 71,850.46 71,850.46 6/15/2016 4,842.57 98.20 4,744.37 67,106.09 67,106.09 7/15/2016 4,842.57 91.71 4,750.86 62,355.23 62,355.23 8/15/2016 4,842.57 85.22 4,757.35 57,597.88 57,597,88 9/15/2016 4,842.57 78.72 4,763.85 52,834.03 52,834.03 10/15/2016 4,842.57 72.21 4,770.36 48,063.67 48,063.67 11/15/2016 4,842.57 65.69 4,776.88 43,286.79 43,286.79 12/15/2016 4,842.57 59.16 4,783.41 38,503.38 38,503.38 1/15/2017 4,842.57 52.62 4,789.95 33,713.43 33,713.43 2/15/2017 4,842.57 46.08 4,796.49 28,916.94 28,916.94 3/15/2017 4,842.57 39.52 4,803.05 24,113.89 24,113.89 4/15/2017 4,842.57 32.96 4,809.61 19,304.28 19,304.28 5/15/2017 4,842.57 26.38 4,816.19 14,488.09 14,488.09 6/15/2017 4,842.57 19.80 4,822.77 9,665.32 9,665.32 7/15/2017 4,842.57 13.21 4,829.36 4,835.96 4,835.96 8/15/2017 4,842.57 6.61 4,835.96 (0.00) (0.00) 174,332.52 4,332.52 170,000.00 20140814CityCouncilPacket Page 53 of 232 08/08/2014/jrl SUNTRUST Financing Application for State and Local Government Customers SunTrust Equipment Finance&Leasing Corporation Customer Information Customer Full Legal Name: City of Tybee Island Federal Tax ID#: 58-6000661 Legal Address: 403 Butler Avenue I City: Tybee Island State: GA Zip: 31328 Billing Address if other than address above: P. O. Box 2749 Tybee Island,Georgia 31328 Contact Information Authorized Signor Primary Contact Billing Contact (who will sign documents?) Name: Angela Hudson Melissa Freeman Jason Buelterman Title: Finance Director Purchasing Mayor Phone: 912-472-5021 912-472-5023 912-472-5080 Fax: -912-786-9465 912-786-9465 912-786-9465 Email: ahudson@cityoftybee.org cityoftybee.org mfreeman @cityoftybeeorg wandaddoyle @gmail.com Attester Name(who will attest the document if necessary?): Jan LeViner Attester Title: Clerk of Council Transaction Information Equipment/Project Description: Emergency 911 Telephone Equipment/System Equipment Location: Police Department 78 Van Home Drive,Tybee Island, GA 31328 What is the purpose of the proposed equipment acquisition/project? To allow the public safety to administrer emergency services to residents and visitors on Tybee Island. Why is the equipment/project essential'? to provide emergency response service by the police and fire departments. Amount of Tax Exempt Debt to be issued in Current Calendar Year(in millions): $134,522 Equipment/Project Type: Replacement/Upgrade (a) What is the age of the existing equipment that will be replaced or upgraded? (b) Is the existing equipment paid off/free and clear of liens? ❑Yes L No 1E Additional—why is this additional equipment necessary? to perform road worker that is currently being outsourced to outside vendors; having the work performed by employees will save the city a significant amount of money annually. Escrow Funded? Yes ❑ No Anticipated Closing Date: 8-21-2014 Refinance? ❑Yes ® No Meeting Approval Date: 8-14-2014 Financial Information Source of proposed repayment: ►I General Fund ❑Other—Describe: Fund Balance: $4,204,814 as of June 3,2014 Fiscal Year End: June 30,2014 I Most Recent Audited Financial Statement:June 30,2013 Has the client ever defaulted or non-appropriated on a lease or bond obligation? ❑Yes ® No Insurance Information -General Liability Insurance Coverage limits in the amount of$1 Million is required Self Insured? ❑Yes 13 No I General Liability Coverage Limits: $2,000,000 per occurrence Insurance Company Name:Georgia Interlocal Risk Management Agency Insurance Contact Name and Phone: Lindsey Albright 404-224-5044 Is the client a member of a managed risk pool? ®Yes ❑ No If yes, Pool Name:Georgia Municipal Association Does the client have additional commercial coverage?❑Yes ❑ No Commercial Coverage Limits: 25,097,653 So that we may begin our credit underwriting process,please email this application,along with your equipment quote/invoices(bill of materials)and the signed financing proposal. Please forward copies of the most recent 3 years of your Audited Annual Financial Statements, plus a copy of this year's budget to: SunTrust Equipment Finance&Leasing Corp. 300 E.Joppa Road,Suite 700 Towson, MD 21286 tAllfgA i 6CtPficiPaFe i cal Government Customers Page 54 of 232 08/08/2014/jrl DocReq uest_Mun i_482e 12.doc Please note that we do require copies of your audited annual financial statement in order to process your request. Mr4941:tiPikNiCeArgliiiiaAliQtacal Government Customers Page 55 of 232 08/08/2014/jd oocRequest_Muni_08 12.doc 2014 Myrtle Beach Special Events Summit I Myrtle Beach Special Events Summit 1 2014 ... Page 1 of 1 2014 Myrtle Beech Ctneci&1 Fvonr+ SUMMIT: HOME AGENDA HOTEL LOCATION REGISTRATION CONTACT r V5 7.-:S-Ii •.ay „Fit - 2014 Myrtle Beach Special Events Summit The Myrtle Beach Special Events Summit will deliver more than ten sessions (eir -14,, catered to creating a"Best Practice Technique"for dealing with an upsurge in urban gatherings.This is an invitation only summit for government officials 1�1 `irEW±'u� g and law enforcement personnel.Panelists will discuss best practices,lessons Q learned,and innovative ideas as it relates to urban events and safety. cow- The primary goal of the 2014 Myrtle Beach Special Events Summit is to glean practical strategies that can be applied in Myrtle Beach and other communities. I look forward to seeing you at this very timely and important summit. Event Registration Click here Sincerely, Warren S.Gall,Chief of Police Myrtle Beach Police Department Myrtle Beach,South Carolina IOW _Wig amitkak,' Copyright©2014 All rights reserved. 20140814CityCouncilPacket Page 56 of 232 08/08/2014/jrl http://myrtlebeachspecialeventssummit.com/ 08/04/2014 Jan LeViner From: Robert Bryson Sent: Monday,August 04, 2014 1:09 PM To: Jan LeViner Subject: FW: 2014 Myrtle Beach Special Events Summit Jan, I spoke with the City Manager and she advised to put this on the 8/14 agenda: http://myrtlebeachspecialeventssummit.com/ Out of state travel for large special events 9/21-23 with Myrtle Beach PD Thanks Bob From: Diane Schleicher Sent: Monday, August 04, 2014 11:57 AM To: Robert Bryson Cc: Jason Buelterman Subject: RE: 2014 Myrtle Beach Special Events Summit Chief Bryson, I think it would be a good idea.You will need to ask for out of state travel permission. If you get it to Jan LeViner by this Thursday, it can be on the August 14, 2014 agenda. Thanks, Diane From: Robert Bryson Sent: Monday, August 04, 2014 10:48 AM To: Diane Schleicher Cc: Jason Buelterman Subject: FW: 2014 Myrtle Beach Special Events Summit Mam, I don't know if you are interested in me attending this event. If you feel that it is a good idea or want to float the idea to council please let me know. Thank you, Chief Bryson From: Warren Gall [mailto:WGall(acityofmyrtlebeach.com] Sent: Monday, August 04, 2014 10:41 AM To: Robert Bryson Subject: 2014 Myrtle Beach Special Events Summit Chief Bryson: I wanted to thank you again for the gracious hospitality shown to Capt Heins and Lt DiLorenzo when they visited your city last month for the beach event. I hope that things are settled for you a bit. I am writing to let you know that at the present time,we have approximately 35 registered participants for the summit represent ting 12 agencies. I anticipate the final attendance to be 60-75 w/around 20 agencies represented. The USDOJ-Community Relations Service is 20140814CityCouncilPacket Page 5'of 232 08/08/2014/jrl scheduled to give a presentation, and our SC Governor Nikki Haley has agreed to address the group at the lunch on Monday. We have agency representatives from Atlanta, GA., Austin,TX., Miami Beach, FL, Daytona Beach, FL,Virginia Beach,VA., Charlotte, NC., Cincinnati, OH., and a variety of other municipalities and state agencies. I have one remaining slot open for a 30 minute presentation, and I was hoping that you would still be able to give your presentation on Orange-Crush. Please let me know as soon as you can so that I can finalize the agenda and get it printed. Thanks again for considering this,and I hope to see you in September. Warren S. Gall, Chief of Police Myrtle Beach Police Department *** WARNING *** All e-mail correspondence to and from this address may be subject to public disclosure under the South Carolina Freedom of Information Act(FOIA). 2007 2 20140814CityCouncilPacket Page 58 of 232 08/08/2014/jrl THIRD AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT THIS THIRD AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT (this "Third Amendment")is made and entered into this day of ,20_,by and between the CITY OF TYBEE ISLAND, GEORGIA (hereinafter collectively referred to as "LESSOR"), and ALLTEL COMMUNICATIONS,LLC,a Delaware limited liability company,d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (hereinafter referred to as "LESSEE"). WITNESSETH: WHEREAS, LESSOR and Savannah MSA Cellular Partnership, as predecessor-in-interest to ALLTEL Communications, Inc., as predecessor-in-interest to LESSEE, entered into a Water Tower Attachment Lease Agreement dated November 3, 1992 (the "Original Lease"), as amended by the First Addendum to Water Tower Attachment Lease Agreement dated November 10, 2000 (the "First Addendum"), as amended by the Second Amendment to Water Tower Attachment Lease Agreement dated June 11, 2011 (the "Second Amendment") (the "Original Lease", "First Addendum", and "Second Amendment" are collectively referred to as the "Lease"), with respect to certain portion of the Property and space on the Tower located at latitude 31° 01' 19" and longitude 80° 50 59" in the City of Tybee Island, Georgia,together with certain utility and access easements,all as more particularly described therein;and WHEREAS,LESSEE and LESSOR desire to modify and amend certain terms and provisions of the Lease,all in accordance with the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the premises and of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties do hereby agree as follows: 1. Reaffirmation of Lease. LESSOR hereby reaffirms and acknowledges the terms of the Lease. 2. Communications Equipment. (a) The first sentence of Paragraph 2(B)(1)of the Original Lease is hereby deleted in its entirety. (b) Exhibit"B-2" Listing of Equipment and Transmission Frequencies to the Second Amendment is hereby deleted in its entirety and replaced by Exhibit "B-3" Listing of Equipment and Transmission Frequencies attached hereto. 3. Term. Paragraph 4 of the Lease is hereby deleted in its entirety and replaced by the following: "Term. The term of this Lease shall be five (5) years, commencing upon the 15t day of August, 1992 ("Commencement Date") and terminating at midnight on the 31St of July, 1997 ("Initial Term"). LESSEE shall have the right, but not the obligation, to extend this Lease for five (5) additional five (5) years terms plus one (1) additional two (2) year term ("Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth in this Lease. This Lease shall automatically be renewed for 20140814CityCouncilPacket Page 59 of 232 08/08/2014/jr1 each successive Renewal Term unless LESSEE notifies LESSOR of LESSEE'S intention not to renew the Lease at least thirty(30) days prior to the expiration of the Initial Term or the Renewal Term which is then in effect." 4. Rent. Effective as of , the Rent shall increase by Six Hundred Dollars ($600.00)per month. 5. Miscellaneous. The Lease, as modified by this Third Amendment, constitutes the entire understanding between the parties with respect to the transaction contemplated herein, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior written agreements, understandings, letters of intent and proposals are merged into this Third Amendment. Except as expressly amended and modified hereby, the Lease remains in full force and effect and is hereby ratified and confirmed by LESSOR and LESSEE. In construing this Third Amendment, all headings and titles are for the convenience of the parties only and shall not be considered a part of this Third Amendment. This Third Amendment shall not be construed as if prepared by one of the parties,but rather according to its fair meaning as a whole, as if both parties had prepared it. The provisions of this Third Amendment shall be deemed independent and severable, and the invalidity or partial invalidity or enforceability of any one provision shall not affect the validity of enforceability of any other provision hereof. The terms and provisions hereof shall be binding upon and inure to the benefit of LESSOR and LESSEE, and upon the heirs, executors, representatives, administrators, successors and assigns of LESSOR and LESSEE. This Third Amendment shall be governed by and construed in accordance with the laws of the State of Georgia. This Third Amendment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. [Signatures Commence on Following Page] 20140814CityCouncilPacket Page 60 of 232 08/08/2014/jr1 IN WITNESS WHEREOF,the parties,intending to be legally bound,have caused this Third Amendment to be executed under seal as of the day and year first written. LESSOR: THE CITY OF TYBEE ISLAND,GEORGIA By: Name: Title: Date: LESSEE: ALLTEL COMMUNICATIONS,LLC, A Delaware limited liability company, d/b/a Verizon Wireless By: Aparna Khurjekar Area Vice President Network Date: 20140814CityCouncilPacket Page 61 of 232 08/08/2014/jr1 Exhibit "B-3" Listing of Equipment and Transmission Frequencies A. Equipment on top of the Tower: (6)BXA-70080-6CF-2 (3)Air 32 B4A B2P 2-EDT (2)BXA-70040-6CF-2 (1)BXA-70063-6CF-2 (6)Andrew E15S09P50 TMAs (3)RayCap OVP/RxxDC-1064-PF-48 (1)RayCap OVP/RxxDC-4750-PF-48 (3)Westell BWC-TTMA-700C-VG (13) 1 5/8"Coax lines (6) 7/8"coax lines B. Transmission Frequencies 1. TX: 880.02-893.97 MHz 2. RX: 83 5.02-848.97 MHz Active 22678873v1 235129.000404 20140814CityCouncilPacket Page 62 of 232 08/08/2014/jr1 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: August 14, 2014 Item: Public Safety Building Parking Lot and Street Lighting Layout and Proposal by Georgia Power: Option 1: • 7— 145 watt LED lights and 3 —35 foot bronze fiberglass poles and underground wire. • $00.00 up-front and 340.00 monthly. As we talked about, the up-front option for the LED lights was high due to the higher fixture cost and we were trying to get the monthly to match the cost of a 250 HPS cobra head so GA Power didn't list that as an option. Option 2: • 7 -250 watt High Pressure Sodium Cobra heads and 3 - 35 foot bronze fiberglass poles and underground wire. • $ 2016.84 up-front and $ 126.84 monthly. If we use High Pressure Sodium, this job is Governmental Regulated and subject to the tariff which requires that we charge a pole charge for the 3 poles. Budget Line Item Number(if applicable): 100-4210-53-1230 (Public Works—Electricity— Street and Parking lot lighting) Paper Work: _X_Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Time Sensitive due to construction schedule and laying underground wiring. Date given to Clerk of Council 8.6.14 20140814CityCouncilPacket Page 63 of 232 08/08/2014/jr1 Jan LeViner From: Sapp, Robert E. <RESAPP @southernco.com> Sent: Thursday,July 31, 2014 3:55 PM To: Diane Schleicher Cc: Zadach,Alethia Subject: Public Safety Building Attachments: Tybee Island Revision hps.pdf;Tybee Island Revision LED 2.pdf Diane, Per our meeting and phone conversation, here are the 2 options we talked about. Option 1: 7— 145 watt LED lights and 3—35 foot bronze fiberglass poles and underground wire. $00.00 up-front and 340.00 monthly. As we talked about, the up-front option for the LED lights was high due to the higher fixture cost and we were trying to get the monthly to match the cost of a 250 HPS cobra head so we didn't list that as an option. Option 2: 7 -250 watt High Pressure Sodium Cobra heads and 3 - 35 foot bronze fiberglass poles and underground wire. $2016.84 up-front and $ 126.84 monthly. If we use High Pressure Sodium, this job is Governmental Regulated and subject to the tariff which requires that we charge a pole charge for the 3 poles. Please let me know what you think. Regards, ..o-/seyc.f E cfap Ga Power Company 3100 Killowatt Dr Savannah 31405 Cell 912 308 7781 Fax 912 306 2178 1 20140814CityCouncilPacket Page 64 of 232 08/08/2014/jrl 111.111°.-riallial, 6u!pl!ng �la�eg v z° 411 D!Ignd aaqAj. o in c 0 � 2 E r1 — ++ A +. A E D O n ul Z O to 1� K Li- 2 to i..-1 I O — — _ — — — . ..a R i'sy. V1 , 'l\ • . 5.' +ali= = .. 2.__ _ , „J .. •N It :IUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIII J\ K Ii >d1 71 0 ,. 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' ` Anti 10111 .� Z ` '1`�°yam ttZvltYar�7."' �. �L1♦�S.A .YY1le!l�?92dQd(._�L. + R — \\\\\\\ �\ J� b 9HI)I d fl Hd1 V ?J911(19 J��17'd/ ',NCO a \ \ \ -- 4 3 J d u u tn ' ix 20140814CityCouncilPacket Page 67 of 232 08/08/2014/jjrl 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: August 14, 2014 Item: DPW Request for a budget adjustment to replace 2000 F150 with a newer used F150. Deduct $6,000 from Building Maintenance (100-1565-52-2201) and add it to DPW Vehicles (100-4210-54- 2200) Budget Line Item Number(if applicable): Paper Work: _X_Attached* Audio/Video Presentation** Submitted by: Joe Wilson Phone/Email:jwilson @cityoftybee.org Comments: Time sensitive due to condition of 2000 F 150 and cost of repairs. Date given to Clerk of Council 8.6.14 20140814CityCouncilPacket Page 68 of 232 08/08/2014/jr1 0 0 0 0 0 o 0 0 0 0 0 o ,, 0 0 0 0 0 0 8 o 0 o o o O lo A o0 0 0 0 0 00 m o0 0 0 0 0 00 Nm 0 0 m 0 O a v v cm co iT d CD CO ) Q rn= c CO m 64 4:9 0 0 0 O 0 O U) 0 0 0 N < O O O , m O O O c 0 a, Z -o E a, • U O O y m a 0 0 0 N m Z Z N to re cs)N W O O O c 0 as O O 0 7 N 0 0 O a) 0 a m W O O O a C6 - a Q co a CO w -0 o . O 0 a) N a — a) a 0 0 0 0 0 0 0 0 O o a) o a> 0 0 0 0 0 N o O O O O a) r CD v O O O O O 0 O O O O O R c LU m N O ' 0 Q < a 6 W m W U o LL co r Ce m Cti a) E m U a U Z w Q co . w a ? o C) W m 2 m 2 C as C W i _H a& R U I- :G r. )° W F' x�Z m •, W W H p H mZ i3;) z O Z E J -.I z I- 0 U U U w .: w U Q Y 0 — 0 0 as a) co Q , N N 0 r U) N E N 0 Y 4) Z N Z v c' m L D Ln LU U N O 0 2 oo co o N 7, �+ ¢ 0 ¢ O� C .D ) O o a) 0 — . >.. � O � T EL N a U L \ O.. "a m a) O CN V) a) > C o o a@ o M L 4 U • ° EL C '\ @ �p N C U (6 U n CU 7D p m p a- a E a a L �_ O d• a3 -O vO– L9 ,°)., a) a)0 N a -a E cm as to ¢ _c ¢ a) C "o .c ._ @ C f E a) D a) t E m s U I CO > a ¢ a o, C cc N N C ¢ � m d m 0 -o a) 0 LL ai m N = p 3 N >, p Ea - 0 a) a, „ m M a a Ea m .0 a E E a r a U a `m om Q'- 3 L a) E u) a a) a) c N v c m Q2T140814 CityCounciIPacket a Page 69 o a ': 8/201A1jr1 Q '2 N M Jan LeViner From: Joe Wilson Sent: Thursday,July 31, 2014 7:03 AM To: Diane Schleicher;Angela Hudson Cc: Michael Ashdown;Jackie Cary Subject: FW: 215 - 2000 F150 needs repairs I am in dire need of a pickup for Jimmy's crew. I have put 1 in the budget for the last 2 years but have not received funding. I know this needs to go to Council for approval but what Michael has found will help us get by until next year. I will need to move app. $6,000 from Building Maint.To do this and would like to get this on the next Council Agenda. From: Michael Ashdown Sent: Wednesday, July 30, 2014 2:36 PM To: Joe Wilson Subject: 215 - 2000 F150 needs repairs Joe, As we discussed 215 is in need of some repairs, and has been costing us a lot of money. Right now it needs a water pump, intake gaskets, power steering pump, steering gear box, catalytic converter, and several other repairs. Just in parts we would be around $1500 to get it running right again. It also has bad rust on the frame and body. I would like to trade it in for a newer truck.This is something like what I am thinking. http://www.autotrader.com/cars-for- sale/vehicledetails.xhtml?zip=31410&endYear=2012&driveCodes=4WD&maxPrice=9000&showcaseListingld=376563745 &mmt=%5BFORD%5BF150PICKUP%5B%5D%5D%5B%SDCHEV%5BCHEV150%5B%5D%5D%5B%5DGMC%5B15SIPU4WD% 5B%5D%5D%5B%5D%5D&IastExec=1392226363000&vehicleStyleCodes=TRUCKS&modelCode1=F150PICKU P&sortBy=mi IeageASC&driveCode=4WD&makeCode2=CHEV&modelCode2=CHEV150&showcaseOwnerld=93498&startYear=2003&m odelCode3=15SIPU4WD&makeCodel=FORD&maxMileage=75000&searchRadius=300&extColorsSimple=WHITE&makeC ode3=GMC&bodyStyleCodes=TRUCKS&minPrice=1000&listingld=375023914&Log=0 Jimmy's crew really needs a bigger heavy duty truck, but this would work. Or if Danny is ok with it he could take this truck and Jimmy's crew could get truck 2. Which would be ideal. R/S Michael Ashdown Fleet Maintenance City of Tybee Island, Ga Office: 912-472-5044 Fax: 912-786-9907 mashdown @cityoftybee.org 1 20140814CityCouncilPacket Page 70 of 232 08/08/2014/jrl MAYOR gtt CITY MANAGER Jason Buelterman 44, Diane Schleicher c � CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks%* 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: August 14, 2014 Item: Public Hearing--First Reading Explanation: Text Amendment—Ord. 50-2014; Land Development Code Sec. 4-050 (E) and (F) and (0), District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for hosting special events Budget Line Item Number (if applicable): N/A Paper Work: Al 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: August 6, 2014 * * * 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.cityoftybee.org i& GC�y�- 20140814CityCouncilPacket Page 71 of 232 08/ 881-4/jrl t :iiL. PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: July 15, 2014 Project Name/Description: Section 4-050(E), (F), (0) District Use Regulations 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 F OR AGAINST COMMENTS Bishop X Bossick Absent Bramble X Motion to approve V.3 with changes Livingston X Major X Marion Chair McNaughton X Second The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued / / Planning Commission Chair: / Date: Oi ._ 17 - / Planning & Zoning Manager: c).):41 niv„„..1L) Date: D9- 17-1 4 20140814CityCouncilPacket Page 72 of 232 08/08/2014/jrl Land Development Code as approved by PC 7.15.14 Sections 04-050(E) and (F) and (0) (E) C-1 beach business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. Multi-family uses are not permissible in the following areas included within the C-1 beach business district: (i) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th Street, commencing at its southernmost intersection with Butler Avenue, to Izlar Avenue at its southernmost intersection with Butler Avenue; (ii) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue to Strand Street; and (iii) On lots on Strand Street abutting that street on the western boundary thereof from 14th Street beginning at its northernmost intersecting point with Strand Street to 17th Street at its northernmost intersecting point with Strand Street. Notwithstanding the foregoing, multi-family residential uses shall be permissible on floors above the first or ground floor of business establishments located in such areas. (1) Uses permitted by right after site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the mayor and council has granted site plan approval at a scheduled meeting. a. Apartments, condominiums, townhouses, guest cottages, hotels, motels, time shares, tourist homes, bed and breakfast inns; plus single-family, two-family, three-family, and four-family dwellings; b. Apothecary shops; c. Gift shops; d. Barbershops, beauty shops; e. Finance, investment and insurance offices; f. Florist shops; g. Restaurants, concession stands; 1 07/18/2014 20140814CityCouncilPacket Page 73 of 232 08/08/2014/jrl h. Commercial amusements, including amusement parks and other commercial games and sports; i. Retail stores; and j. Public structures. (2) Uses permitted after special review and site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops, for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For all uses, special approval and review shall consider all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning department of _• . _ . . _ . _ - -.'_ ; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. 2 07/1812014 20140814CityCouncilPacket Page 74 of 232 08/08/2014/jrl A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department of building safety and regulatory services; parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the mayor and council and/or the planning and zoning department of building safety and regulatory services. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-1 beach business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (F) C-2 highway business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-2 highway business land use district is to provide for commercial land uses that support and complement the motorized consumer. C-2 districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized. (1) Uses permitted by right after site plan approval. In a C-2 business district, land may be used and buildings or structures may be erected, altered or used only for the following purposes once the required site plan has been reviewed by the planning commission and approved by the mayor and council: a. Service stations; b. Restaurants, including drive-in restaurants; c. Gift shops (goods sold within an enclosed building); d. Motels; e. Grocery stores; f. Tourist homes and bed and breakfast inns; 3 07/18/2014 20140814CityCouncilPacket Page 75 of 232 08/08/2014/jrl g. Parks, playgrounds and recreation facilities under the supervision of the city; h. Professional and business offices; i. Retail stores; j. Marinas; and k. Seafood warehouses, retail and wholesale sales. (2) Uses permitted after special review and site plan approval. In a C-2 highway business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For all uses, special approval and review shall consider all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning department of . . . . . • a -. _ . e•. - •.' - ; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. 4 07/18/2014 20140814CityCouncilPacket Page 76 of 232 08/08/2014/jrl A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department of building safety and regulatory-services. Parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the mayor and council and/or the planning and zoning department of building safety and regulatory services. c. Miniature golf courses. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-2 highway business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (0) South End business overlay district. All commercial and multi-family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of the Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. New construction and when a project includes the redevelopment of a parcel, a development agreement with the owner/developer and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. 5 07/18/2014 20140814CityCouncilPacket Page 77 of 232 08/08/2014/jrl ORDINANCE NO. 50-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 4-050(E), (F)AND (0), ZONING DISTRICTS, 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 amend the Code pertaining to zoning districts; and WHEREAS, the City of Tybee Island desires to amend Section 4-050, zoning districts, subsections (E), (F) and (0) to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances as to Section 4-050(E), (F) and (0) is hereby amended so as to clarify same, so that the Code shall be amended as hereinafter provided. SECTION 1 Section 4-050(E), (F) and (0) is hereby amended and it shall hereafter read as follows: Section 4-050. Zoning districts. (E) C-1 beach business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. Multi-family uses are not permissible in the following areas included within the C-1 beach business district: (i) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th Street, commencing at its southernmost intersection with Butler Avenue, to Izlar Avenue at its southernmost intersection with Butler Avenue; 20140814CityCouncilPacket Page 78 of 232 08/08/2014/jr1 (ii) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue to Strand Street; and (iii) On lots on Strand Street abutting that street on the western boundary thereof from 14th Street beginning at its northernmost intersecting point with Strand Street to 17th Street at its northernmost intersecting point with Strand Street. Notwithstanding the foregoing,multi-family residential uses shall be permissible on floors above the first or ground floor of business establishments located in such areas. (1) Uses permitted by right after site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the mayor and council has granted site plan approval at a scheduled meeting. a. Apartments, condominiums, townhouses, guest cottages, hotels, motels, time shares, tourist homes,bed and breakfast inns; plus single-family, two-family, three-family, and four-family dwellings; b. Apothecary shops; c. Gift shops; d. Barbershops,beauty shops; e. Finance, investment and insurance offices; f. Florist shops; g. Restaurants, concession stands; h. Commercial amusements, including amusement parks and other commercial games and sports; i. Retail stores; and j. Public structures. (2) Uses permitted after special review and site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops, for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For all uses, special approval and review shall consider all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning department; the methods of 2 20140814CityCouncilPacket Page 79 of 232 08/08/2014/jrl lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities,parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department; parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the mayor and council and/or the planning and zoning department. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-1 beach business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (F) C-2 highway business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-2 highway business land use district is to provide for commercial land uses that support and complement the motorized consumer. C-2 districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized. 3 20140814CityCouncilPacket Page 80 of 232 08/08/2014/jr1 (1) Uses permitted by right after site plan approval. In a C-2 business district, land may be used and buildings or structures may be erected, altered or used only for the following purposes once the required site plan has been reviewed by the planning commission and approved by the mayor and council: a. Service stations; b. Restaurants, including drive-in restaurants; c. Gift shops (goods sold within an enclosed building); d. Motels; e. Grocery stores; f. Tourist homes and bed and breakfast inns; g. Parks,playgrounds and recreation facilities under the supervision of the city; h. Professional and business offices; i. Retail stores; j. Marinas; and k. Seafood warehouses, retail and wholesale sales. (2) Uses permitted after special review and site plan approval. In a C-2 highway business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For alluses, special approval and review shall consider all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that 4 20140814CityCouncilPacket Page 81 of 232 08/08/2014/jr1 contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities,parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department . Parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions,plans and conditions imposed by the mayor and council and/or the planning and zoning department. c. Miniature golf courses. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-2 highway business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (0) South End business overlay district. All commercial and multi-family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of the Code, specifically including section 3-09Q regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. New construction and when a project includes the redevelopment of a parcel, a development agreement with the owner/developer and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. 5 20140814CityCouncilPacket Page 82 of 232 08/08/2014/jr1 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 , 2014. MAYOR A'F1'DST: CLERK OF COUNCIL 6 20140814CityCouncilPacket Page 83 of 232 08/08/2014/jr1 FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/50-2014 Sec 4-050 zoning districts 08.06.14 7 20140814CityCouncilPacket Page 84 of 232 08/08/2014/jr1 MAYOR CITY MANAGER Jason Buelterman ♦ Diane Schleicher CITY COUNCIL - • ' ° CITY CLERK- Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan ' CITY ATTORNEY Bill Garbett Edward M. Hughes Monty Parks r to 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: August 14, 2014 Item: Public Hearing Explanation: Text Amendment—Ord. 43-2014; Land Development Code Sec. 3-100, Beach, Dune, or Vegetation Disturbance / Crossover Maintenance and Construction; City of Tybee Island, petitioner; consideration of beach and dune regulations Budget Line Item Number (if applicable): N/A Paper Work: J 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: July 23, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of lJ Ethics if 20140814CityCouncilPacket www. tVO yoing2org o aage� „,15, ciesoc, ‘,” (C) VV 'y f PLANNING COMMISSION ((JJ NOTICE OF DETERMINATION Meeting date: July 15, 2014 Project Name/Description: Section 3-100 — Beach, Dune, or Vegetation Disturbance I Crossover Maintenance and Construction 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 Bossick Absent Bramble X Livingston X Second _ Major X Marion Chair McNaughton X Motion to approve The Planning Commission recommends: Z Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: Planning & Zoning Manager: cvs,,,, Date: r7- 20140814CityCouncilPacket Page 86 of 232 08/08/2014/jrl CURRENT ORDINANCE Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the department of natural resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq. without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. Within any area within the jurisdiction of the department of natural resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.), there shall be a ten-foot setback measured from the landward toe of the landward-most dune as delineated by the state department of natural resources. (Ord. Correction to dates, amended 4-14-2005; Ord. of 4-23-2009; Ord. No. 23-2011, 4-14-2011; Ord. No. 23- 2011(A), 8-11-2011; Ord. No. 27-2013, 8-22-2013) PROPOSED REDLINE Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon '- - - _ - _ _ •_ e without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. Shore Protection Act (O.C.G.A. 12 5 230, et seq.), there There shall be a ten-foot setback measured from the landward toe of the landward-most dune as delineated by the state department of natural resources. 07/07/2014 20140814CityCouncilPacket Page 87 of 232 08/08/2014/id V Y. on iZIJ 0 I ,) l'' :.s o _ r f h r 'V' . ,f' f ■ rf c 1 yi co O L I' 0 5 cti S O U c +- 4 . _! r IV O - .__,. II .40 7 tO 0 r 13 co, 0 VI 1f) o t? E. - 0 L 0 L.n VI 3 li } c 0 I L. 6 1 0 ti 0 . } -0 t cp sn -8 xy NJ - - ..���..LLL o S 5 ilk l 3,,,t-4' 7 km r- '+ 1:7P r t r CJ 1—.1 r ll) o vi T= Q1l I -20 if. 20140814CityCouncilPacket Page 88 of 232 08/08/2014/jrl ORDINANCE NO. 43-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 3-100, BEACH, DUNE, OR VEGETATION DISTURBANCE/CROSSOVER MAINTENANCE AND CONSTRUCTION, 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 amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 3-100, Beach, dune, or vegetation disturbance/crossover maintenance and construction, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section3-100 and that the Code shall be amended as hereinafter provided. SECTION 1 Section 3-100 is hereby amended and it shall hereafter read as follows: Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. There shall be a ten-foot setback measured from the landward toe of the landward- most dune as delineated by the state department of natural resources. 20140814CityCouncilPacket Page 89 of 232 08/08/2014/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. SECTTION 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/43-2014 Sec 3-100 beach dune vege disturbance 07.22.14 2 20140814CityCouncilPacket Page 90 of 232 08/08/2014/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop, Vice Chair 1 Diane Schleicher Ron Bossick ' ` - , Marianne Bramble a' PLANNING &ZONING MANAGER Julie Livingston I ; " I Dianne Otto, CFM John Major tis % • Tyler Marion, Chair \.., CITY ATTORNEY David McNaughton .f ,` Edward M. Hughes c MINUTES Planning Commission Meeting July 15, 2014—7:00 p.m. Chair Tyler Marion called the July 15, 2014,Tybee Island Planning Commission meeting to order. Commissioners present were Marianne Bramble, David McNaughton,John Major,Tyler Marion, Demery Bishop, and Julie Livingston. Mr. Marion—The first order of business is the minutes of the June 17, 2014, meeting. Do I have any discussion? [There was none.] Do I have a motion? [Mr. Major made a motion to approve as written; Mr. Bishop seconded.] All those in favor please signify. [The vote was unanimous.] Mr. Marion—Do we have any recusals or disclosures? [There were none.] Text Amendment—Section 4-050(E)and (F) and (0)—District Use Regulations Ms. Otto—This is related to hosting special events. It is specific to zoning districts C-1, C-2, and the South End overlay. In your packet were three different versions for consideration to deal with those that choose to host special events. None of this would change what has occurred in the past;this would be moving forward. Version 1 is proposing that in C-1 and C-2 if it is a hotel, motel, a bed and breakfast inn, which is the commercial bed and breakfasts, or a restaurant hosting special events, they would need Site Plan Approval. If it is anything else besides those,such as a residential bed and breakfast, it would require both Special Review and Site Plan Approval. For the South End overlay it proposes a new concept. It takes the South End overlay and divides it into a 200-foot outer ring and what is inside that ring it treats those separately. For the ones that are not in the outer ring it would be Site Plan Approval only; that would be the ones on the interior of the South End overlay. For those in the exterior, or within the 200-foot ring,they would need to have Special Review and Site Plan Approval. Version 2 is very similar to what I already described, Site Plan Approval for those hotel, motel, bed and breakfast inns, and restaurants and Special Review and Site Plan Approval for all the others. When it came to the overlay, instead of using the 200-foot outer ring or the remainder within the ring, it instead goes to the zoning district which would mean you would see what is above [referring to PowerPoint]. There are areas within the South End overlay that are predominately C-1 so you would go to C-1 and see what was required depending upon the use that is considered. For Version 3, it requires all hosting of any special event by any type of business to go through Special Review and Site Plan Approval in the C-1 and C-2 districts. For the South End overlay it proposes either Site Plan Approval or Special Review and Site Plan Approval as determined by the zoning district of the location. There is nothing currently like this. This is a new topic to discuss and I'm open to any questions you may have. Mr. Major—For the record and anybody who may be interested, if I'm the petitioner and I come before Council, what impact will it have if it is Site Plan only in both terms of cost and process? If it is Site Plan only, Special Review only, or Site Plan Approval and Special Review, what is the difference? Ms. Otto—For the cost question, if you are having Site Plan only, it is a $500 process. If you have had Site Plan Approval within the prior three years, that fee is reduced to$250 and it is considered an amendment to a previously approved Site Plan. For Special Review the fee is$500. For those that need both Site Plan and Special Review the total would be 1 20140814CityCouncilPacket Page 91 of 232 08/08/2014/jrl $1,000. The process differs between the two in that the Land Development Code lays out the requirements for parking sizes, the number of spaces required, and setbacks for any proposed new structure. The Site Plan process is designed just for public information and if it meets all requirements it should be approved. It is only if they are asking for a Variance where there is some leeway for the Planning Commission and Council to have input on what that development looks like. Under Special Review the ordinance allows criteria or conditions to be imposed on the development. Special Review is where the ordinance requests information about hours of operation and things that have more flexibility. If the responses were not considered appropriate for the location, Council can grant Special Review approval but impose conditions on the hours of operation or any other component of the development that they choose to impose conditions on. Mr. Major—Under Site Plan Approval, Planning Commission or Council can make recommendations but we can't impose conditions if there is no Variance. Ms. Otto—That is correct. If it meets the ordinances then it is their right to have it the way they presented it. Mr. Marion—Whether it is version 1, 2, or 3, let's say I am a high volume event space, tell me again how the fee structure works. For example, if I'm the wedding chapel and have large weddings, would the person facilitating it potentially see a large dollar cost associated with all of these processes? Ms. Otto—It would be the same regardless of the size of the development asking for this. It would be $1,000 to have both the Special Review and Site Plan Approval. We are only talking about future developments, not about anything that is currently in place. If we had a proposal before us requesting something similar to the chapel, it would be $1,000; $500 for each of the two. Mr. McNaughton—At one point wasn't the code changed that if you have a Site Plan and a Special Review,the cost of the Special Review would be less than the$500? Ms. Otto—That is only within the buffering standard. If a Site Plan comes forward that does not propose a buffer or one that meets the basic requirements of the protective barrier requirements, they do not have to pay an extra Special Review fee to have whatever buffer they are proposing be considered. Conditions can still be imposed to require that buffering be changed from what they are suggesting. Mr. McNaughton—Is this a one time, say a restaurant wants to do special events,they don't have to go through this every time, correct? Ms. Otto—Once approved they move forward to either building or renovating the structure that they are proposing, installing the parking lot as required, and getting a business license. Mr. McNaughton—The proposed wording of version 1 says, "Hotels, Motels, bed and breakfast inns, and restaurants may also be used as a dwelling or structure..."and it goes on. The way it is written, would that put it in the code that you could live in a restaurant? Ms. Otto—That is an interesting concept. Mr. McNaughton—It clearly says a restaurant can be used as a dwelling. I'm on the first paragraph in red. Ms. Otto—I hadn't caught that. That's a good catch. I think we need to review that. Mr. McNaughton—Every one of these has that same wording translating a restaurant into a dwelling. Mr. Marion—David, could you say that again? 2 20140814CityCouncilPacket Page 92 of 232 08/08/2014/jrl Mr. McNaughton—All the wording through the different versions, every time we see restaurant, motel, bed and breakfasts may be used as a dwelling or structure and I think that wording is repeated over and over again. Ms. Otto—Yes. This proposed version came from the City Attorney's office from Tommy Branch who works alongside Bubba Hughes. If you will go down to, for example, 5(B) where it says "Dwellings or structures rented for special events", I think he may have picked up that language and incorporated it in the other places. The section below is intended to address bed and breakfasts because they are dwellings. I understand exactly what you are saying and I think that does need to be modified. Mr. Major—That is an excellent catch David. Just for consideration if you took out the words "used as a dwelling or structure" and you just said that hotels, motels, bed and breakfast inns, and restaurants may also be rented for special events. Ms. Otto—I like that better as well and throughout where it is stated otherwise have the same thing. Mr. McNaughton—This wording is repeated on that same page in the next paragraph (B), "Dwellings or structures rented for special events. For properties located in the C-1 Beach Business District, other than hotels, motels, bed and breakfast inns, and restaurants, special approval and review shall consider all relevant factors including but not limited to the availability of parking or an appropriate parking plan." Does that wording exclude hotels, motels, bed and breakfast inns, and restaurants from a requirement to have a parking plan? Ms. Otto—No. It is excluding them from having Special Review. They would fall under the first section where it is talking about the hotels and motels that they still have to have Site Plan Approval which does require a parking plan. Mr. McNaughton—Okay. The next question,this is in the current version on page 1, it says, "Multi family uses are not permissible in the following areas included within the C-1 beach business district". When you go down to paragraph (4), subparagraph (a), it says you can put multi-family dwellings there. I don't understand that. It says, "In the C-1 beach business district, land may be used for the uses listed below."and lists multi-family housing is permissible. Ms. Otto—You are in the C-1 category or the C-2? Mr. McNaughton—This says C-1. Ms. Otto—In C-1 under Uses Permitted by Right after Site Plan Approval? Mr. McNaughton—Yes. Paragraph (A) lists one of the permitted uses of two-family, three-family, and four-family dwellings. If you go back to the first paragraph under(E),the last sentence says, "Multi family uses are not permissible in the following areas included within the C-1 beach business district." I may be misreading this but it looks like there is a conflict in the language. Ms. Otto—That statement is very specific to 1, 2, and 3 there. You cannot have multi-family uses on lots abutting Butler Avenue on the east and west sides from Fourteenth Street to Izlar. Mr. Marion—Possibly between three and four there should be the word 'however'. Ms. Otto—Probably separate it out so it doesn't look like you are still reading the same thing. Ms. Livingston—Is there somewhere in the book a definition of a special event? If not,there should be. Ms. Otto—You didn't find one in Article 2? 3 20140814CityCouncilPacket Page 93 of 232 08/08/2014/jrl Ms. Livingston—No. Ms. Otto—I agree. Mr. Major—What constitutes a special event? Mr. Marion—Months back didn't we talk about that? Ms. Otto—Yes, I thought we spelled one out elsewhere in the ordinances. Let me investigate that. Would you like to see that within these sections or in the definitions? Ms. Livingston—In the definitions. I think when we are talking about expecting certain things for special events we need to be clear what a special event is. Ms. Otto—I had brought a preliminary article a few meetings back. We are still tweaking that and it is coming back to you so I will add that term to that language. Mr. Major—I think our concern is to provide the greatest protection any place where a commercial would butt up against residential. Does staff have a recommendation among these three? Tommy clearly didn't or is it just multiple choice? How does the City feel about it? Ms. Otto—I am not keen, personally, on the one that has the 200-foot outer ring [referring to PowerPoint]. I would prefer for the overlay that it be based on its zoning district not where it is on the overlay. I'm not in favor of this one that talks about the 200-foot ring but if you like that one best I'm not opposed to it either. The one for version 2, I believe it is appropriate to have just Site Plan Approval when it is a hotel, motel, inn, or restaurant, and then require that additional layer of Special Review for residential bed and breakfasts or anything else that may not fall in the category above, I do like that. Mr. Marion—Would you suggest that version 2 would be the most efficient way to address the issue? Ms. Otto—Yes, I would say 2 would be my preference but it is your decision, not mine. It won't hurt my feelings if you think otherwise. Mr. McNaughton—Version 2, paragraph (0), is where it will require either Site Plan or Special Review depending on the zoning classification. Which would have to do the Site Plan and which would have to do the Special Review? Ms. Otto—You would go to the C-1 or C-2 to see if you are reviewing a hotel or a residential bed and breakfast and that would determine the level of review. Mr. Marion—Any other questions for staff on versions 1, 2, or 3? [There were none.] Is there anyone from the public that would like to speak on this? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Ms. Bramble—I personally think that even though we are in a C-1 business district there is still a lot of residential mixed in there. I personally think every business should be subject to Special Review and Site Plan with all the parking plans involved if they want to have a special event. They should come with a logical plan for the special events because, especially in that area, people like to get married and have their special event during our high season and they may not be able to accommodate all the cars that are coming to a special event. If 2 is the plan, I just want to make sure that every business or bed and breakfast or whatever has to come with a Special Review with a parking plan. 4 20140814CityCouncilPacket Page 94 of 232 08/08/2014/jrl Mr. Marion—Which version do you prefer? Ms. Bramble—Two. I would go with the recommendations that staff would but there can't be any special exceptions. If you lay within this parameter,within the inner circle, then you don't have to present Site Plan or you just have to have a Site Plan and you don't have to have Special Review. I think they have to present it. It is a onetime application, onetime fee that they have to pay. Maybe the fees can be adjusted; we can talk about the fees again if they are asking for both. I think that everyone has to be reviewed. Ms. Otto—That reads the way version 3 is proposed for C-1 and C-2. To accomplish it for the overlay as well, it could be to strike what now says 'Site Plan Approval OR' and only use Special Review and Site Plan Approval for all hosting special events. That is a good suggestion. Mr. Bishop—I think maintenance of continuity in both Site Plan and Special Review is critical to our continuing developing needs. I think version 3 is the better and I would be remiss in not saying that. Ms. Bramble—I make a motion that we accept version 3 with changes that we omit line '0'from that version. Ms. Otto—You are suggesting eliminating the first line of(0)that says "Site Plan Approval". Ms. Bramble—Site Plan Approval or Special Review. Ms. Otto—Skip that "Site Plan Approval OR" and only have Special Review and Site Plan Approval. Is that what you are wanting? Mr. Marion—Would you say that again. Ms. Otto—C-1 and C-2 would read as it shows on the slide. For(0) in the overlay, "Site Plan Approval OR"would be struck out and instead it will have just "Special Review and Site Plan Approval as determined by the zoning district". Any hosting of special events regardless of whether it is a hotel or residential bed and breakfast, any use that is proposing special events, will have Special Review and Site Plan Approval. Ms. Bramble—Yes. Mr. Marion—We have a motion on the table, do I have a second? Mr. McNaughton—Second. Mr. Marion—I have a motion to approve with a second. All those in favor please signify. [Vote was unanimous.] Text Amendment—Section 3-100—Beach, Dune, or Vegetation Disturbance/Crossover Maintenance and Construction Ms. Otto —This is related to Section 3-100. This has been an ordinance for quite some time and there are two paragraphs. On the slide is the first of the two paragraphs. What is proposed is the striking of the words that are in red which read, "...in the area within the jurisdiction of the department of natural resources under the Shore Protection Act." The same part of the sentence is struck in paragraph 2 that again refers to those areas within the Shore Protection Area. At your table this evening I offered you a diagram of how DNR determines the Shore Protection line. This has been their procedure for quite some time. The act was adopted, I believe it was 1979, and from that date forward they have always interpreted their Shore Protection line to be structures that existed at the time the Shore Protection Act was adopted and trees that are at least 20 feet tall. They have representations of some homes and tall trees and how they would draw the line from tree to tree or from house to house depending on the age of the home and the height of the tree. What this has resulted in for Tybee, because this ordinance that we are considering refers to the jurisdiction line that the DNR draws, is there are 5 20140814CityCouncilPacket Page 95 of 232 08/08/2014/jrl areas on the island where there are sand dunes that are not in the Shore Protection Area and therefore not protected. It is here for your consideration to protect sand dunes that are not in DNR's jurisdiction. For example, on the slide [referring to PowerPoint] I have blown up Tybee and it has lost a lot of its detail in doing so. I haven't looked up the ages of these different homes in this vicinity but you can see there are some trees. If those trees are 20 feet tall, the DNR would draw their jurisdiction line maybe from the last house that was built before the Shore Protection Act was adopted to the 20-foot tree to another 20-foot tree to another 20-foot tree and when there were no more trees maybe go back to the next house that was built before the Shore Protection Act. Because of the way Tybee's ordinance reads, if that is the shore protection line, the dunes that are seaward of that would be protected. To determine Tybee's landward toe of the landward-most dune, it is going to be the last sand dune on the seaward side of the trees. Any dunes that are in this area are not protected and would not have a Tybee 10-foot setback line because they are not in the jurisdictional area the way the ordinance reads; only dunes in the jurisdictional area are counted. Mr. Marion —The back river, I know there are dunes encroaching around houses. How would they approach that? Ms. Otto — It all depends on, again, how DNR drew their line. If there are older homes there and 20-foot tall trees that would cause those dunes to be included in the DNR's jurisdictional area then they would be protected by Tybee's ordinance. If that line was drawn because there has been all new homes built and there were no trees, and the jurisdiction line comes short of those, then that would not be the case. Every situation is different. This is being brought to your attention that our ordinance relies heavily on the DNR jurisdiction line and maybe that is the way it should be but you know there are sand dunes not in their jurisdiction that could be built on because they are not protected by this ordinance. Mr. Major—Two years ago, we had a subcommittee look at this and we've been looking for years at better protection. One of the concerns expressed by the DNR representatives that participated was that there were dunes in areas that their line didn't protect. What you have shown here clearly increases the protection that Tybee has. Would there be any instances where it would be lessened because we took the DNR jurisdictional line out of our ordinance that suddenly we have exposure to development where it wasn't before? Ms. Otto — No. The reason I say no is because with removal of the jurisdictional line, for Tybee's purposes, you would only be looking at the sand dunes with no consideration of whether they are in or out of the Shore Protection area. Mr. Major— If there is sand or beach, even a flat beach because some areas have no dunes, this applies. This says dunes, beaches, or vegetation thereon. Ms. Otto — In that case, if there were no dunes, the only ordinance we have that protects the dunes is this one. If we struck what the jurisdictional line does to it they could still not remove or alter the beach, the dunes, or the vegetation. For the second part, whatever was determined to be the landward most dune, whether that was in or out of the jurisdictional area, that is where the 10-foot setback would come. Mr. Major— How did this originate? Ms. Otto — During the recent discussions about the buffer and dealing with the marshes, this topic came up about the sand dunes and how they are handled. I had recognized this situation with Tybee's ordinance for quite some time. I was asked to bring it forward to see if this may be the way the governing body chooses for it to be or whether just so we can have this discussion and make sure everybody is aware that there are unprotected dunes because they are not in DNR's territory. Mr. Marion — If we choose to strike this. Ms. Otto — If we choose not to strike it. Mr. Marion —Choose not to strike it there are implications to the dunes. Ms. Otto —To the dunes that are not in the jurisdictional area. 6 20140814CityCouncilPacket Page 96 of 232 08/08/2014/jrl Mr. Marion —Yes. In other words we could pull up with a truck and shovel a bunch of sand into it and nobody could do anything. Ms. Otto— If you knew where that jurisdiction line is and you knew that dune was not in DNR's jurisdiction, then it is not protected and you could do whatever you wanted to that dune. Mr. Bishop —With all the discussion we had with regards to the buffer, with the removal of this DNR Shore Protection Act, that will be in sync with what we recommended and Council recommended last Thursday with the buffer ordinance. It is not going to be conflicting? Ms. Otto —There is not a conflict. That ordinance deals with marshlands; not anything with sand dunes. Mr. Bishop — It does deal with vegetation in the dune area. Ms. Otto —This ordinance only deals with the sand dunes. The beach, the dunes, or the vegetation thereon are dunes. This doesn't deal with marshes and marshes don't deal with dune areas. Mr. Bishop —You are saying this is strictly vegetation within the dunes. Ms. Otto —And the beach. Mr. Bishop — By striking this it would allow our ordinance to be more expansive and protective, and with the DNR because we could in essence build beyond the DNR line, right? Ms. Otto —That is exactly correct. There may be some different language; I took the simpler approach of striking the DNR jurisdiction line. If there is some other aspect that needs to be tweaked or modified, that can be done. Currently we rely heavily on that 10-foot setback from the landward-most dune in the jurisdictional area. If there was desire to perhaps stay with the jurisdictional area but require a 25-foot setback that would be another alternative. It would still be the landward-most dune in the jurisdictional area whereas now if this were adopted we would have 10-foot off the landward-most dune no matter where it is. It is a big topic. I don't know if you are able to digest all of this or if you want to ponder it some more and I can bring it back next month. Mr. McNaughton —The last part of that last sentence, if reference to the Shore Protection Act of the DNR were stricken, does it matter than that we still have a reference to something delineated by the DNR? Ms. Otto — No. That is a service they provide to our community. In addition to flagging their own line from tree to house, they also flag for Tybee the toe of the landward-most dune. Ms. Bramble — Do you have any idea how many properties on that line that would be affected? Ms. Otto — I don't. The reason why is because I don't know DNR's jurisdiction line. Whenever they are requested to provide one, they go to the field and they determine using historic aerials and what they see on the ground to decide about these 20-foot trees and the ages of the houses to draw their lines. I don't have that mapped out island-wide to figure out, based on their line, where a change like this would have an impact. Mr. Major—We used to have a Tybee line in addition to the DNR line. I'm trying to remember the formula that was used to determine that Tybee line. I think the definition changed about four times and then we got rid of it. It dealt with structure and then structure turns into dwelling. Do you remember how that worked? Ms. Otto— I hadn't refreshed my memory on that. I do know before we went to the toe of the landward-most dune, there was an alternative line and it did have something to do with structures but it wasn't the same as DNR's. Mr. Major— I think it was more restrictive. 7 20140814CityCouncilPacket Page 97 of 232 08/08/2014/jrl Ms. Otto — It is working well. I can't say we are running into issues with this. We are only seeing on paper what DNR is flagging within their jurisdiction for the landward-most toe. I don't know if there has been a situation where they would have flagged Tybee's line differently had it not been spelled out in our ordinance that it had to be the last dune in their jurisdictional area. Mr. Livingston — I understand what this is all about and it makes complete sense to me to protect the dunes. Can you foresee a scenario where this would have a negative impact on a homeowner or someone who had to deal with this? Ms. Otto —Yes. Back to that aerial I have, for example, these trees that I pointed out here [referring to PowerPoint], and I didn't go down to see, if those are 20-foot tall trees and there are dunes on this side, where the DNR line would have stopped at the trees and the landward-most dune would have been on this side of the trees, those folks would have had to stop. They could have built up to that landward toe of the dune on this side of the trees. Even though there are dunes over here, their line would have been over here to build so they could have come out further. If this change is adopted this dune line back here is the point at which they would have to be 10-foot away from that dune line. I'm sure the owner would find that a negative. Ms. Livingston —It is a hard call because you have got to protect the dunes. I wish we had input from some of the residents. Ms. Otto —The importance of dunes was certainly brought to the forefront from Superstorm Sandy and how the areas that had protective dunes were not as compromised because the storm surge didn't overtop the dunes. I think we have recognized for years how important they are but that really demonstrated that these dunes can play a significant role when we have major events. Ms. Livingston —I agree and I understand that. I just wish we had more input because we don't know how it would affect people that are already here that may have plans on doing something in their back yard. I still say we need to protect the dunes but still need their input. Mr. Bishop — Dianne, your comment a moment ago with regards to how that would protect those dunes further in. If we strike this language it would prevent the current property owner from being able to go out to where they could have gone with the DNR line. The only problem I have, and I'm all in favor of the dune protection, but don't we have to be concerned about the argument that this is governmental taking of property without due process? Isn't that an issue potentially? Ms. Otto —It is an argument that I hear. I hear it and read it in the newspapers, especially recently with the buffer that folks are paying taxes on these undevelopable marshlands. I'm certainly not a legal mind to answer your question. Mr. Bishop — But it could definitely be an issue with property owners that would be affected by this change. I'm not asking for a legal opinion because we have seen it with the buffer ordinance. Ms. Otto —It is already impacting properties. For example, the seawall, and there are dunes landward of it, under the current ordinance would have an impact if this increased the distance of that impact. Whether that is a legal issue or not I couldn't say. Mr. Major— Doesn't the City Charter provide for an 18-foot setback from this seawall? Ms. Otto — It does. That is mostly in place but there are areas, I'm thinking of a couple on the south end, where that 18-foot does not apply. Back when that was implemented, those folks granted the City that 18 feet but there were some areas that did not, for whatever reasons, so it is mostly true but not all the way down the line. Mr. Marion —Is there anyone from the public that would like to speak to this? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? 8 20140814CityCouncilPacket Page 98 of 232 08/08/2014/jrl Mr. McNaughton — I'm going to make a motion that the proposed changes in Section 3-100 be approved. I think obviously this is going to be an issue for property owners so I think we ought to move it along to City Council and the public. I move that the proposed changes be made. Mr. Marion — If we proceed this route and approve it will it set us up for a lot of people asking for Variances? Ms. Otto — It could. I can't say it wouldn't. There is always the opportunity. I can't recall that we have had any. We had one request to build within that 10-foot setback and it was denied. I can't say we wouldn't have requests if that dune line was different. Mr. Marion —We have a motion on the table, do we have a second? Ms. Livingston —Second. Mr. Marion — I have a motion with a second. All those in favor please signify. [Vote was unanimous.] Mr. Marion—Is there any other business for the evening? Mr. McNaughton—Dianne,you said you will bring the definitions back; what about the tree ordinance? Ms. Otto—Yes. It is being worked on and it was really close to making it to your packet. John Eric Schleicher,the intern that was with me at the last meeting, is working on it and it is really, really close. We are fine tuning it and I expect that to be on the next agenda. Mr. McNaughton—Thank you. Mr. Marion—Do I have a motion to adjourn? N(.k Mr. Major—Motion to adjourn. Ms. Bramble—Second. Mr. Marion—I have a motion with a second. All those in favor please signify. [Vote was unanimous.] Meeting ended at 7:57 PM Minutes by lerris Bryant 9 20140814CityCouncilPacket Page 99 of 232 08/08/2014/jrl MAYOR at S CITY MANAGER Jason Bueltermanrc , Diane Schleicher CITY COUNCIL + r CITY CLERK Wanda Doyle,Mayor Pro Tem I Ci Janet LeViner Barry Brown I , Rob Callahan \ ' ` CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks ckb41 , � 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: August 14, 2014 Item: Public Hearing Explanation: Text Amendment Ord. 44-2014; Municipal Code Sec. 54-5, Damage To and Intrusion Upon Property; City of Tybee Island, petitioner; consideration of regulations for litter Budget Line Item Number (if applicable): N/A Paper Work: Ai 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: July 23, 2014 * * * P.O. Box 2749—403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 City of Ethics www.cityoftybee.org � L�y� 20140814CityCouncilPacket Page 100 of 232 08/8�0T4/jrl PART II -CODE OF ORDINANCES Chapter 54-STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL redline 07/23/2014 Sec. 54-5. Damage to and intrusion upon property. (a) It shall be unlawful for any person to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or Leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; or (2) The litter is placed into a litter receptacle or container installed on such property; Of and (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less the $100.00 nor more than $300.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right-of-way, for a distance not to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right-of-way, or with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this section. (Code 1983, § 5-1-5) Tybee Island, Georgia, Code of Ordinances Page 1 20140814CityCouncilPacket Page 101 of 232 08/08/2014/jr1 ORDINANCE NO. 44-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 54-5, DAMAGE TO AND INTRUSION UPON PROPERTY, 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 amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 54-4. Damage to and intrusion upon property, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 154-5and that the Code shall be amended as hereinafter provided. SECTION 1 Section 54-5 is hereby amended and it shall hereafter read as follows: Sec. 54-5. Damage to and intrusion upon property. (a) It shall be unlawful for any person to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; or (2) The litter is placed into a litter receptacle or container installed on such property; and (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less the $100.00 nor more than $300.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right-of-way, for a distance not 20140814CityCouncilPacket Page 102 of 232 08/08/2014/jrl to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right-of-way, or with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this section. 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. 2 20140814CityCouncilPacket Page 103 of 232 08/08/2014/jrl ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING. SECOND READING: ENACTED: Tybee/Ordinances/2014/44-2014 Sec 54-5 damage to and intrusion upon property 07.23.14 3 20140814CityCouncilPacket Page 104 of 232 08/08/2014/jr1 ARTICLE I. IN GENERAL Sec. 66-8. Motorized cart use. (a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon the city's streets, parks, parking lots, beaches, and other public properties in the city limits. (b) Motorized carts. Motorized carts shall be as defined under Georgia law. (1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase or acquisition. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be $15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. (2) Hwy. 80 Crossing. No motorized cart may be permitted to operate on Hwy. 80 and may only cross Hwy. 80 at the following designated locations: a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags; b. At the traffic controlled intersection of 14th Street and Hwy. 80; c. At the traffic controlled intersection of Campbell Avenue and Hwy. 80; and d. At the traffic controlled intersection of Jones Avenue and Hwy. 80. (3) City streets. All streets of the city shall be accessible for an appropriately registered and used motorized cart thereon except as to Hwy. 80 as stated above. (4) Operation regulations. a. All motorized carts must be electric powered, equipped with headlights, tail lights, brake lights, a flashing or rotating yellow or amber light mounted on the top, seatbelts, turn signal lights and a horn, and the maximum speed capability of any motorized cart must not exceed 20 miles per hour. b. Motorized carts lawfully registered with the city as of , 2014, may be gas powered. bc. All occupants of a motorized cart must wear seatbelts at all times. d. Children car seats and booster seats, as defined in subsection (b) of O.C.G.A. § 40-8-76, shall be prohibited from being placed in any motorized cart and no child under the age and weight required by subsection (b) of O.C.G.A. §40-8-76 shall be permitted to occupy any motorized cart while such motorized cart is in motion se. Motorized carts shall not be operated on the sidewalks. df. All operators shall abide by all traffic regulations applicable to motor vehicular traffic. eg. Only licensed drivers are permitted to operate motorized carts and each owner is required to provide insurance for liability purposes in an amount not less than $25,000.00 per person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance shall be provided at the time of registration and be maintained in or on the vehicle. fh. Motorized carts will only be operated by individuals who are at least 16 years of age and possess a valid driver's license. gi. It shall be unlawful for a motorized cart to be operated on the streets of the city except as expressly authorized in this section and every person convicted of a violation shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 12 months, or both. 20140814CityCouncilPacket Page 105 of 232 08/08/2014/jrl hj. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit, bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park, on the sidewalks, streets, beaches, lanes, highways or other public properties, or on private property of another, except into trash receptacles. Included would be the removal by wind or otherwise of such items from motorized carts due to having such items unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does not occur naturally in the area and specifically includes garbage, food items, peels, shells, etc., whether or not biodegradable. (5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other commercial establishment, may rent motorized carts to the public for use on the streets and those areas accessible by the public of the city. Renters shall be provided a copy of this article and a map illustrating Hwy. 80's designated crossings. Renters shall provide a signature as proof of their acknowledgement and understanding of this article's requirements. It shall be the responsibility of each such establishment renting carts to maintain a written record of each renter's signature of acknowledgement and understanding of this article's requirements. (56) Signs. The city shall post signs giving notice of the existence of operating standards along appropriate public streets. (67) Parking. Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking thereof shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a purchased, valid decal for parking. (78) Penalty for littering. In addition to any other penalties provided by law, anyone convicted of violating subsection 66-8(b)(4)h shall be fined not less than $100 for the first offense plus applicable court fees, and not less than $200.00 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. (Code 1983, § 10-1-44; Ord. No. 04-2010, 5-13-2010; Ord. No. 24-2010, 9-24-2010) 20140814CityCouncilPacket Page 106 of 232 08/08/2014/jrl ORDINANCE NO. 45-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 66-8, MOTORIZED CART USE, 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 amend the Code dealing with the operation of motorized carts and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 66-8, Motorized cart use, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 66-8and that the Code shall be amended as hereinafter provided. SECTION 1 Section 66-8 is hereby amended and it shall hereafter read as follows: ARTICLE I. IN GENERAL Sec. 66-8. Motorized cart use. (a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon the city's streets, parks, parking lots, beaches, and other public properties in the city limits. (b) Motorized carts. Motorized carts shall be as defined under Georgia law. (1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase or acquisition. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be $15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. (2) Hwy. 80 Crossing. No motorized cart may be permitted to operate on Hwy. 80 and may only cross Hwy. 80 at the following designated locations: a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags; 20140814CityCouncilPacket Page 107 of 232 08/08/2014/jrl b. At the traffic controlled intersection of 14th Street and Hwy. 80; c. At the traffic controlled intersection of Campbell Avenue and Hwy. 80; and d. At the traffic controlled intersection of Jones Avenue and Hwy. 80. (3) City streets. All streets of the city shall be accessible for an appropriately registered and used motorized cart thereon except as to Hwy. 80 as stated above. (4) Operation regulations. a. All motorized carts must be electric powered, equipped with headlights, tail lights, brake lights, a flashing or rotating yellow or amber light mounted on the top, seatbelts, turn signal lights and a horn, and the maximum speed capability of any motorized cart must not exceed 20 miles per hour. b. Motorized carts lawfully registered with the city as of , 2014, may be gas powered. c. All occupants of a motorized cart must wear seatbelts at all times. d. Children car seats and booster seats, as defined in subsection (b) of O.C.G.A. § 40-8-76, shall be prohibited from being placed in any motorized cart and no child under the age and weight required by subsection (b) of O.C.G.A. § 40-8-76 shall be permitted to occupy any motorized cart while such motorized cart is in motion. e. Motorized carts shall not be operated on the sidewalks. e. All operators shall abide by all traffic regulations applicable to motor vehicular traffic. g. Only licensed drivers are permitted to operate motorized carts and each owner is required to provide insurance for liability purposes in an amount not less than $25,000.00 per person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance shall be provided at the time of registration and be maintained in or on the vehicle. h. Motorized carts will only be operated by individuals who are at least 16 years of age and possess a valid driver's license. i. It shall be unlawful for a motorized cart to be operated on the streets of the city except as expressly authorized in this section and every person convicted of a violation shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 12 months, or both. j. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit, bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park, on the sidewalks, streets, beaches, lanes, highways or other public properties, or on private property of another, except into trash receptacles. Included would be the removal by wind or otherwise of such items from motorized carts due to having such items unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does not occur naturally in the area and specifically includes garbage, food items, peels, shells, etc., whether or not biodegradable. (5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other commercial establishment, may rent motorized carts to the public for use on the streets and those areas accessible by the public of the city. Renters shall be provided a copy of this article and a map illustrating Hwy. 80's designated crossings. Renters shall provide a signature as proof of their acknowledgment and understanding of this article's requirements. It shall be the responsibility of each such establishment renting carts to maintain a written record of each renter's signature of acknowledgement and understanding of this article's requirements. (6) Signs. The city shall post signs giving notice of the existence of operating standards along appropriate public streets. 20140814CityCouncilPacket Page 108 of 232 08/08/2014/jrl (7) Parking. Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking thereof shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a purchased, valid decal for parking. (8) Penalty for littering. In addition to any other penalties provided by law, anyone convicted of violating subsection 66-8(b)(4) shall be fined not less than $100 for the first offense plus applicable court fees, and not less than $200 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. 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. 20140814CityCouncilPacket Page 109 of 232 08/08/2014/jr1 ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/45-2014 Sec 66-8(car seat prohibition)motorized cart 07.29.14 20140814CityCouncilPacket Page 110 of 232 08/08/2014/jr1 ARTICLE I. IN GENERAL Sec. 66-8. Motorized cart use. (a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon the city's streets, parks, parking lots, beaches, and other public properties in the city limits. (b) Motorized carts. Motorized carts shall be as defined under Georgia law. (1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase or acquisition. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be $15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. (2) Hwy. 80 Crossing. No motorized cart may be permitted to operate on Hwy. 80 and may only cross Hwy. 80 at the following designated locations: a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags; b. At the traffic controlled intersection of 14th Street and Hwy. 80; c. At the traffic controlled intersection of Campbell Avenue and Hwy. 80; and d. At the traffic controlled intersection of Jones Avenue and Hwy. 80. (3) City streets. All streets of the city shall be accessible for an appropriately registered and used motorized cart thereon except as to Hwy. 80 as stated above. (4) Operation regulations. a. All motorized carts must be electric powered, equipped with headlights, tail lights, brake lights, a flashing or rotating yellow or amber light mounted on the top, seatbelts, turn signal lights and a horn, and the maximum speed capability of any motorized cart must not exceed 20 miles per hour. b. Motorized carts lawfully registered with the city as of , 2014, may be gas powered. bc. All occupants of a motorized cart must wear seatbelts at all times. d. Children's car and booster seats used in a motorized cart must be approved by the manufacturer for use with lap belts only, without the necessity of a shoulder strap. Children's car and booster seats may only be used in the front seats of motorized carts. se. Motorized carts shall not be operated on the sidewalks. df. All operators shall abide by all traffic regulations applicable to motor vehicular traffic. eg. Only licensed drivers are permitted to operate motorized carts and each owner is required to provide insurance for liability purposes in an amount not less than $25,000.00 per person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance shall be provided at the time of registration and be maintained in or on the vehicle. fh. Motorized carts will only be operated by individuals who are at least 16 years of age and possess a valid driver's license. gi. It shall be unlawful for a motorized cart to be operated on the streets of the city except as expressly authorized in this section and every person convicted of a violation shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 12 months, or both. #j. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit, bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park, on the sidewalks, streets, 20140814CityCouncilPacket Page 111 of 232 08/08/2014/jrl beaches, lanes, highways or other public properties, or on private property of another, except into trash receptacles. Included would be the removal by wind or otherwise of such items from motorized carts due to having such items unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does not occur naturally in the area and specifically includes garbage, food items, peels, shells, etc., whether or not biodegradable. (5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other commercial establishment, may rent motorized carts to the public for use on the streets and those areas accessible by the public of the city. Renters shall be provided a copy of this article and a map illustrating Hwy. 80's designated crossings. Renters shall provide a signature as proof of their acknowledgement and understanding of this article's requirements. It shall be the responsibility of each such establishment renting carts to maintain a written record of each renter's signature of acknowledgement and understanding of this article's requirements. (66) Signs. The city shall post signs giving notice of the existence of operating standards along appropriate public streets. (67) Parking. Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking thereof shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a purchased, valid decal for parking. (78) Penalty for littering. Penalty for littering. In addition to any other penalties provided by law, anyone convicted of violating subsection 66-8(b)(4)h shall be fined not less than $100 for the first offense plus applicable court fees, and not less than $200.00 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. (Code 1983, § 10-1-44; Ord. No. 04-2010, 5-13-2010; Ord. No. 24-2010, 9-24-2010) 20140814CityCouncilPacket Page 112 of 232 08/08/2014/jrl ORDINANCE NO. 46-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 66-8, MOTORIZED CART USE, 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 amend the Code dealing with the operation of motorized carts and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 66-8, Motorized cart use, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 66-8and that the Code shall be amended as hereinafter provided. SECTION 1 Section 66-8 is hereby amended and it shall hereafter read as follows: ARTICLE I. IN GENERAL Sec. 66-8. Motorized cart use. (a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon the city's streets, parks, parking lots, beaches, and other public properties in the city limits. (b) Motorized carts. Motorized carts shall be as defined under Georgia law. (1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase or acquisition. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be $15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. (2) Hwy. 80 Crossing. No motorized cart may be permitted to operate on Hwy. 80 and may only cross Hwy. 80 at the following designated locations: a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags; 20140814CityCouncilPacket Page 113 of 232 08/08/2014/jrl b. At the traffic controlled intersection of 14th Street and Hwy. 80; c. At the traffic controlled intersection of Campbell Avenue and Hwy. 80; and d. At the traffic controlled intersection of Jones Avenue and Hwy. 80. (3) City streets. All streets of the city shall be accessible for an appropriately registered and used motorized cart thereon except as to Hwy. 80 as stated above. (4) Operation regulations. a. All motorized carts must be electric powered, equipped with headlights, tail lights, brake lights, a flashing or rotating yellow or amber light mounted on the top, seatbelts, turn signal lights and a horn, and the maximum speed capability of any motorized cart must not exceed 20 miles per hour. b. Motorized carts lawfully registered with the city as of , 2014, may be gas powered. c. All occupants of a motorized cart must wear seatbelts at all times. d. Children car and booster seats used in a motorized cart must be approved by the manufacturer for use with lap belts only, without the necessity of a shoulder strap. Children's car and booster seats may only be used in the front seats of motorized carts. e. Motorized carts shall not be operated on the sidewalks. e. All operators shall abide by all traffic regulations applicable to motor vehicular traffic. g. Only licensed drivers are permitted to operate motorized carts and each owner is required to provide insurance for liability purposes in an amount not less than $25,000.00 per person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance shall be provided at the time of registration and be maintained in or on the vehicle. h. Motorized carts will only be operated by individuals who are at least 16 years of age and possess a valid driver's license. i. It shall be unlawful for a motorized cart to be operated on the streets of the city except as expressly authorized in this section and every person convicted of a violation shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 12 months, or both. j. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit, bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park, on the sidewalks, streets, beaches, lanes, highways or other public properties, or on private property of another, except into trash receptacles. Included would be the removal by wind or otherwise of such items from motorized carts due to having such items unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does not occur naturally in the area and specifically includes garbage, food items, peels, shells, etc., whether or not biodegradable. (5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other commercial establishment, may rent motorized carts to the public for use on the streets and those areas accessible by the public of the city. Renters shall be provided a copy of this article and a map illustrating Hwy. 80's designated crossings. Renters shall provide a signature as proof of their acknowledgment and understanding of this article's requirements. It shall be the responsibility of each such establishment renting carts to maintain a written record of each renter's signature of acknowledgement and understanding of this article's requirements. (6) Signs. The city shall post signs giving notice of the existence of operating standards along appropriate public streets. (7) Parking. Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking thereof shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a purchased, valid decal for parking. 20140814CityCouncilPacket Page 114 of 232 08/08/2014/jrl (8) Penalty for littering. In addition to any other penalties provided by law, anyone convicted of violating subsection 66-8(b)(4) shall be fined not less than $100 for the first offense plus applicable court fees, and not less than $200 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. 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. 20140814CityCouncilPacket Page 115 of 232 08/08/2014/jr1 ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/46-2014 Sec 66-8(car seat authorization)motorized cart 07.29.14 20140814CityCouncilPacket Page 116 of 232 08/08/2014/jr1 Sec. 34-45. • . • • • , . . • • - . • Carnival Operations; special insurance provisions.- — (a) Generally. Any person owning or operating any riding devices, or passenger vehicles for hire, before being issued a license therefor, shall deposit with the clerk of council a policy of insurance against personal injury and property damage, in the amount of$1,000,000.00 or more, with a receipt showing that the premium thereon has been paid for the length of time covered by the license, for the benefit of any person who may be killed or injured or sustain damage to property by reason of operation thereof. (b)- The following insurance provisions of coverage shall be the minimum requirements applicable to carnival operations, consisting of riding devices of every kind and description, shows, concessions and appurtenant grounds and that the period to be covered by these insurance limits shall be the applicable fiscal year of the municipality, i.e., May 1 to April 30. (1) Public liability $50,000.00-100,000.00 (2) Property damage $50,000.00 (3) Excess public liability $50,000.00-200,000.00 (4) Total limits: a. Bodily injury $100,000.00-300,000.00 b. Property damage $50,000.00 (c) Vehicles for hire; surety bond. In lieu of any policy of insurance, any person owning or operating passenger vehicles for hire, before being issued a license therefor, shall deposit with !.t.e . vehicle, the exact form of this bond to be approved by the administrator. any person owning or operating a passenger vehicle for hire, before being issued a license therefor, shall deposit with the clerk of council a real estate bond in the amount of$5,000.00 for fee simple title to the same and acceptable to the administrator, that bond guaranteeing the approved by the administrator, the applicant for license shall pay the fee for recording of the bond in the clerk's office of the superior court of the county. 20140814CityCouncilPacket Page 117 of 232 08/08/2014/jr1 ORDINANCE NO. 47-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 34-45, RIDING DEVICES, PASSENGER VEHICLES FOR HIRE; SPECIAL INSURANCE REQUIREMENTS, 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 amend the Code pertaining to liability and property insurance for vehicles for hire, and WHEREAS, the City of Tybee Island desires to amend Section 34-45 to change the section name, repeal subparagraphs (c) and(d), and to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances as to Section 34-45 is hereby amended so as to change the section name, repeal subparagraphs (c) and (d), and to clarify same, so that the Code shall be amended as hereinafter provided. SECTION 1 Section 34-45 is hereby amended and it shall hereafter read as follows: Sec. 34-45. Carnival Operations; special insurance provisions. (a) The following insurance provisions of coverage shall be the minimum requirements applicable to carnival operations, consisting of riding devices of every kind and description, shows, concessions and appurtenant grounds and that the period to be covered by these insurance limits shall be the applicable fiscal year of the municipality, i.e., May 1 to April 30. (1) Public liability $50,000.00-100,000.00 (2) Property damage $50,000.00 (3) Excess public liability $50,000.00-200,000.00 (4) Total limits: a. Bodily injury $100,000.00-300,000.00 b. Property damage $50,000.00 20140814CityCouncilPacket Page 118 of 232 08/08/2014/jr1 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL 20140814CityCouncilPacket Page 119 of 232 08/08/2014/jr1 FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/47-13-2014 Sec 34-45 liability ins for carnival operations 07.30.14 20140814CityCouncilPacket Page 120 of 232 08/08/2014/jr1 Article VI: TAXIS AND VEHICLES FOR HIRE 34 -191. Title. This Ordinance shall be known as the "Taxicab/Vehicle for Hire License and Regulatory Ordinance." 34-192. Applicability of chapter. The operating of taxicabs or vehicles for the transportation of passengers for hire within the City shall be subject to the conditions, regulations and restrictions contained in this chapter. When the term "vehicle", "operator", or other terms and definitions with common meaning are used in this section, it is to be limited to the conditions, regulations and restrictions in this Article and shall not have any application outside this Article. 34-193. Definitions. For the purposes of this chapter only, the following definitions apply: (1) "Taxicab" or "vehicle for hire" shall be defined as any vehicle for transportation for hire for passengers and which is operated in the corporate limits of the City. The term includes, but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle, vehicle offering shuttle and/or transportation services, motorized cart, personal transportation vehicle, pedicab or low speed vehicle that offer shuttle and/or transportation services. The terms "taxicab" and "vehicle for hire" shall be used interchangeably in this ordinance. (2) "Vehicle"means both motorized and non-motorized vehicles. (3) "Operate," "to operate," "operating in the City," or any similar term shall be defined as picking up or dropping off a passenger or any person within the City for a fee or fare, regardless of the originating point or eventual destination of the person. Notwithstanding the foregoing, this shall not include any taxicab licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island. (4) "Owner" means the one who holds the license to operate a taxicab or vehicle for hire. (5) "Transportation for Hire"means to transport at least one (1) person in a vehicle in exchange for money. (6) "Tour service vehicle"means a vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city where the primary purpose is touring and sight-seeing; including motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding limousines (as they are defined by the laws of the state)which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. 20140814CityCouncilPacket Page 121 of 232 08/08/2014/jr1 (7) "License" and"License for operation"means an occupation tax certificate. In this Article, License does not mean"operator's license." (8) "Vehicle for Hire/Taxicab Regulatory Decal" means the decal granted by the City for the privilege of operating a Vehicle for Hire or Taxicab within the corporate limits of the City of Tybee Island, issued upon the receipt of a regulatory fee, if any, and compliance with the requirements of the Vehicle for Hire ordinance. (9) "Taxi Stand"means a reserved area where taxis and vehicles for hire may be parked upon the streets and parking areas of the City of Tybee while awaiting hire. 34-194. License. (1) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the streets of the City unless a license for operation has first been obtained from the designated city official. (2) In order to obtain a license, application must be made to the designated city official, containing the following information: (a) Name, address and place of business of the applicant. If the applicant is a partnership, the name, address and place of business of each partner or limited partner. If the applicant is a corporation, the name and address of each of the officers of such corporation and those shareholders holding 50 percent or more of the stock in the corporation, and the principal place of business of the corporation. (b) The trade name under which the applicant proposes to operate. (c) The maximum number and type of vehicles to be operated. (d) The name of any insurance or surety providing coverage to the applicant for operation of taxicabs or vehicles for hire. 34-195. Issuance of License. (1) The designated city official shall determine whether issuance of a license is appropriate and shall be approved or denied, based upon the minimum requirements contained in this Article. (2) Each taxicab or vehicle for hire company, as a condition precedent to receiving a license to operate a vehicle, must have a physical fixed place of business located within Chatham County and comply with the provisions of this ordinance. If approved, and upon payment of the license fee or occupation tax, the license shall be issued. Any license issued is not transferable by the applicant. (a) If the license holder relocates or plans to move from the physical fixed address enumerated in this subsection, then the license holder shall notify the designated city official fourteen (14) days prior to re-location. (3) The applicant shall pay all annual regulatory fee(s) at a rate set by the Mayor and City Council, if the Mayor and Council shall so prescribe. 20140814CityCouncilPacket Page 122 of 232 08/08/2014/jr1 (4) If the application for a license is denied by the designated city official, within thirty (30) days following the receipt of written notice of the denial from the designated city official, the applicant may appeal the decision to the Mayor and Council. Mayor and Council shall consider whether the designated city official abused his or her discretion in denying the applicant a permit. (5) Any license shall be valid for one (1) year, and thereafter any license holder will be subject to renewals, and upon renewal, the applicant shall comply with the terms of the ordinance as it exists upon the date of the renewal. (6) For every vehicle the applicant intends to operate as a vehicle for hire or tour service vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city official for inspection and for compliance with 34-211 of this Article. No vehicle shall be issued a decal until the vehicle has been registered and passed inspection. (7) If a license holder has any information concerning any traffic citations, including but not limited to the operating of a motor vehicle while under the influence of intoxicating beverages or drugs, or any information concerning a change in the qualifying status by any operator hired or otherwise employed or contracted by the licensee under this ordinance, then the licensee shall immediately notify the designated city official. 34-196. Suspension or revocation of license. Following notice to the applicant and hearing before the designated city official, a license may be suspended or revoked if it is determined that the application or other documents provided to the City are inaccurate or falsified or if a taxicab is found to be operating in violation of any provision of this chapter, the laws of the state or the United States or other law or ordinance of this City. The designated city official may further suspend or revoke a license or operator license issued hereinunder if it is determined that an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been operated in an unsafe manner. Within thirty (30) days of receipt by the licensee of a written determination by the designated city official revoking the license, the licensee whose license has been revoked may appeal to Mayor and Council of the City of Tybee Island, by delivering a signed Notice of Appeal to the Clerk of Council for the City of Tybee. 34-197. Vehicle operators. No person shall operate a taxicab, tour service vehicle or other vehicle for hire within the City without having first registered with the designated city official, and securing an operator's license. (1) A vehicle operator must: (a) Be at least twenty-one (21)years of age; (b) Hold a valid driver's license; (c) Submit to a criminal background check; (d) Submit a seven (7) year Motor Vehicle Record issued by the State; (e) Submit a form signed by a physician certifying physical fitness; and, (f) Any other requirement placed upon the operator of a motor vehicle by State law. 20140814CityCouncilPacket Page 123 of 232 08/08/2014/jr1 (g) Submit any forms required by the City by state and federal laws pertaining to immigration status. (2) An applicant for an operator's license under this article must: (a) Not have physical infirmities which make said applicant unsafe or unsatisfactory as an operator of a vehicle for hire; (b) Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within two years prior to the date of the application for such permit, or have been convicted of reckless driving within one year prior to the date of the application for such permit, or have been convicted of any of these offenses three or more times within three years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within three years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex-related offense), or who has within three years prior to the date of the application for such permit been convicted of, been on probation, parole, or served time on a sentence for a felony. A plea of nolo contender to any of the offenses set out in this section shall be deemed a conviction; and (d) Be a citizen of the United States or an alien admitted for permanent residence or who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services. (3) Fees; Before any license is granted under this article, the following fee(s) shall be paid by the applicant: (a) Background investigation fee. A background investigation fee in the amount of$10.00 shall be paid by the applicant upon application being made and prior to issuance of license; (b) A current 7 year M.V.R. is required at the time of the application and renewal. This is the responsibility of the license holder; and (c) A regulatory fee of as defined in Section 58-179; Regulatory Fee Schedule. 34-198. Issuance of operator's license. (1) The designated city official, shall determine whether issuance of an operator's license is warranted. (2) The operator must maintain a valid driver's license to continue operating a vehicle for hire. In the event the operator's license is suspended or expires, any license issued pursuant to this chapter shall immediately expire and be revoked. (3) Operator licenses are non-transferable. Any operator license issued under this article is not transferable from one driver to another, and is to be used solely by the person to whom it is issued. Any licensed driver shall notify the designated city official prior to beginning employment with another company. An operator may not utilize his or her 20140814CityCouncilPacket Page 124 of 232 08/08/2014/jr1 operator's license with more than one person or entity licensed to operate pursuant to 34-194, unless the operator has separate operator licenses for each person or entity licensed to operate pursuant to 34-194. (4) Duration of license. The driver's license shall be in effect for twelve (12) months from the date of issue. Licenses may be renewed upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the license for the preceding period has been revoked or is suspended. (5) Photograph and Display of License. Before any operator's license is issued, the operator shall submit two passport style photographs to the designated city official. One photograph shall be attached permanently to the operator's permit for display in the vehicle or on the operator's person at all times in which the applicant is the operator. The second photograph shall be filed for record by the designated city official. It shall be unlawful for any person willfully to alter, deface, obliterate, or destroy an operator's license or any notice displayed to passengers, or cause the same to be. (6) If the licensed operator receives any legal citation for a moving violation or other traffic violation, including operating a motor vehicle while under the influence of intoxicating beverages or drugs, the licensed operator shall immediately notify the designated city official of such citation. 34-199. Penalty for operating without licensure. No vehicle shall be operated as a vehicle for hire upon the streets of the City unless such vehicle has been licensed under the provisions of this article for use as a vehicle for hire. The operator of any vehicle operating as a vehicle for hire without having a current valid operator's license for that vehicle shall be subject to a fine pursuant to Sec. 34-49. This paragraph shall not apply to a Taxicab or Vehicle for Hire licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island, and does not pick up and drop off any passengers within the jurisdictional limits of the City of Tybee Island. 34-200. Operator identification. Each operator of a vehicle for hire in the City shall be issued an identification badge which shall either be worn around the neck of the operator while working as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the vehicle that the operator is operating. 34-201. Vehicle registration. (1) If required by Georgia Law, prior to the use and operation of any vehicle as a taxicab under the provisions of this article, the owner of said vehicle shall secure and display on the vehicle a current Georgia license registration tag. (2) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers unless the vehicle has been registered with the designated city official as available for use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on the lower 20140814CityCouncilPacket Page 125 of 232 08/08/2014/jr1 left portion of the front windshield, as so determined by the designated city official. If placement of the regulatory decal in this location is not feasible, the designated city official shall exercise discretion in determining placement of the decal. Violation of this section shall result in revocation of the applicant's license. 34-202. Vehicle Parking Location and Taxi Stands. Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire may not be parked on city property, including the roadways, parking lots and curbs for more than one (1) hour continuously, unless the driver is in the vehicle. At the discretion of the designated city official, vehicles for hire may be parked on city property for more than one (1) hour continuously during special events or when otherwise authorized by the designated city official. The designated city official shall have the authority to designate areas within the City of Tybee Island as Taxi Stands, subject to the limitation that one stand always be located within one hundred(100) feet of the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change, following ten (10) days written notice to all vehicle for hire companies that are then currently licensed under this ordinance. In addition, during the hours of 7:00 p.m. until 5:00 a.m., vehicles for hire may use areas within the City of Tybee designated as "Loading Zones" as a place to load and unload passengers, subject to the same rules and time constraints that are in effect for each loading zone. Vehicles for hire may not be parked in areas designated by signage as "Vehicle for Hire: No Parking Zone" or similar language. 34-203. Indemnification. Any vehicle for hire operating under this article shall hold the City harmless against any and all liability, loss, costs, damages, or expense which may accrue to the City by reason of the negligence, default, or misconduct of the company or operator in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City liable for damages because of any negligent act or omission or commission by any hire operating under this article, its servants, agents, drivers, or other employees, during the operation by the company of a vehicle for hire business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained. 34-204. Liability insurance. (1) It shall be unlawful for any person to operate any vehicle for hire upon the streets of the City unless the license holder shall, before the vehicle is placed in operation, file with the designated city official for each such vehicle a liability insurance policy for the injury of persons or property, a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a vehicle for hire, or a self insurance certificate issued under State guidelines and regulated by the Insurance Commissioner of Georgia. Proof of insurance shall be kept in the vehicle and on file at City Hall. The minimum insurance coverage for any vehicle for hire covered under this ordinance shall be in accordance with Georgia State Law applicable to all automobiles and/or motor vehicles. Such indemnity insurance shall inure to the benefit of any person who is injured or who sustains damage to property caused by the negligence of a taxicab, tour service vehicle or vehicle for hire company or the operator, whether 20140814CityCouncilPacket Page 126 of 232 08/08/2014/jr1 servant, agent, or independent contractor. (2) Blanket Policy. Any company or person operating a vehicle for hire in the City shall give a separate policy of indemnity insurance or certificate of self insurance for each separate vehicle, except where such company or person actually owns or holds legal title to more than one vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self insurance covering all the vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning vehicles who may be jointly operating or doing business under a licensed taxicab, tour service vehicle or vehicle for hire company name. The vehicle for hire company is responsible for ensuring that individual persons operating vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage. (3) Proof of the original indemnity policy required shall be on file with the designated city official. (4) Each certificate of insurance submitted to the designated city official prior to the issuance of a license shall include, by endorsement to the policy, a statement that written notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. (5) Violation of this section shall result in revocation of the applicant's license. 34-205. Signs and Identifying Markings. (1) It shall be unlawful to operate in the City a taxicab or vehicle for hire unless the vehicle contains at least two signs measuring at least 12 inches in height by 18 inches in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of the operator or company and a telephone number where the vehicle's services may be procured. The signs may be painted on the vehicle or attachable, but must be in place at all times the vehicle is operated as or available for hire. The operation of a taxicab or vehicle for hire for transporting passengers which does not bear the signage required by this chapter shall result in revocation of the operator's license. (2) The requirements in subsection (1) of this section shall not apply to motorized carts,personal transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful to operate in the City as a taxicab or other vehicle for hire for transporting passengers unless the vehicle contains the words Taxi located on two opposing sides of the vehicle. The sign shall be in accordance with the sign regulations specifically enumerated in section (1) of this subsection, except where dimensions of the vehicle require a smaller sign. In addition, all of these vehicles must be in compliance with the requirements placed on motorized carts under this Code (Sec. 66-8). (3) Color Scheme. (a) No two taxicab or vehicle for hire companies may operate with the same color scheme. Color schemes shall be recorded and controlled by the designated city official. Upon an application for a license, the applicant 20140814CityCouncilPacket Page 127 of 232 08/08/2014/jr1 shall be provided with the color scheme of all reserved or taken color schemes. The color scheme shall be a selection of two colors. Upon the adoption of this ordinance, the designated city official put together a list based upon the seniority of the license holders, with the oldest continuously held license holders having first selection on color scheme, and the second oldest having the second selection, and continuing thereon until all license holders who held a license at the adoption of this ordinance have reserved a color scheme. (b) Amortization. This provision related to color schemes [34-205(3)(a)] shall have no effect on those vehicles for hire or taxicabs already licensed and validly operating within the City of Tybee's jurisdiction when this ordinance is adopted. Provided however, that all taxicabs or vehicles for hire shall be compliant with the aforementioned color scheme within eighteen(18) months of the adoption of this ordinance. (c) Personal Transportation Vehicles, motorized carts and low speed vehicles are not subject to the color scheme specified in this subsection. However, all personal transportation vehicles, motorized carts and low speed vehicles shall be of uniform color if they are held out for operation by the same license holder. (4) Uniforms. During the time that they are operating a vehicle for hire or taxicab with the city limits of the City of Tybee operators shall wear a shirt or uniform which has emblazoned upon the shirt the name of the taxicab or vehicle for hire company or license holder. (5) A license to operate pursuant to 34-194 is non-transferable, and every sign on a taxicab or vehicle for hire must reflect the name of the entity or person licensed pursuant to 34- 194. 34-206. Citations for violations of Taxicab and Vehicle for Hire Ordinance. In addition to law enforcement, the designated city official, or other agents authorized by the City Council and Mayor, shall have the authority to cite or suspend vehicle operators and/or taxicab, tour service vehicles or vehicles for hire companies for violations of this ordinance. 34-207. Authority for removal from streets. The designated city official shall have the authority to remove from operation on the streets of the City any vehicle or operator which is in violation of this article and to prohibit operation of such vehicle until all deficiencies have been corrected. An order of the designated city official to remove a vehicle from the City streets may be appealed to the City Council. Until the appeal has been heard and ruled upon, the vehicle or operator ordered to be removed from service shall not be used for operations. 34-208. Speakers and Recorded Messages (1) It shall be unlawful to operate loudspeakers outside any vehicle for hire within the city; speakers may be operated within the confines of vehicles for the sole benefit of the passengers within the confines. (2) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the vehicle for hire. 20140814CityCouncilPacket Page 128 of 232 08/08/2014/jr1 (3) All activity associated with a tour, including but not limited to interaction with people, actors, other tours and props must be contained within the vehicle or method of conveyance (motor coach, bus, trolley, automobile, van, segways,bicycle, carriage, walking tours, etc.). 34-209. Soliciting passengers prohibited. It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly owned facility. (1) Unlawful solicitation occurs when a driver solicits passengers: (a) from a location other than the driver's compartment or the immediate vicinity of the driver's Vehicle for Hire; or, (b) in a way that obstructs the movement of a person, or follows any person for the purpose of unlawful soliciting. (c) Anyone guilty of the offense of Soliciting passengers is subject to a fine or fines as specified in Chapter 42 - Fees for violations of Vehicle for Hire Ordinance. 34-210. Requirements on Motor Common or Contract Carriers. Any requirements specifically enumerated in this Section shall be cumulative, or in addition to any requirements placed on motor common or contract carriers by State or Federal Law. 34-211. Safe and Mechanical Operation. All taxicabs or vehicles for hire shall be maintained in a safe and mechanical condition, with all safety and pollution equipment required by law remaining intact through service and operation. This inspection shall be performed annually by the designated city official, and shall be an additional condition precedent to the issuance of a decal establishing registration under the ordinance pursuant to 34-202. 34-212. Motorized Cart Use. In order to utilize a motorized cart, or personal transportation vehicle as a vehicle for hire, the motorized cart of personal transportation vehicle must be equipped to seat at least six people, the driver included. 20140814CityCouncilPacket Page 129 of 232 08/08/2014/jr1 ORDINANCE NO. 48-A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO REPEAL AND REPLACE ARTICLE VI, TAXIS AND VEHICLES FOR HIRE, 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 amend the Code pertaining to taxi cabs and vehicles for hire, and for other purposes, and WHEREAS, the City of Tybee Island desires to delete in its entirety Article VI rename and replace the same; NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances that the current Article VI of Chapter 34 is hereby repealed and renamed so that Article VI shall hereafter read as follows. SECTION 1 Article VI is hereby repealed in its entirety, renamed and it shall hereafter read as follows: Article VI: TAXIS AND VEHICLES FOR HIRE 34 -191. Title. This Ordinance shall be known as the "Taxicab/Vehicle for Hire License and Regulatory Ordinance." 34-192. Applicability of chapter. The operating of taxicabs or vehicles for the transportation of passengers for hire within the City shall be subject to the conditions, regulations and restrictions contained in this chapter. When the term "vehicle," "operator," or other terms and definitions with common meaning are used in this section, it is to be limited to the conditions, regulations and restrictions in this Article and shall not have any application outside this Article. 20140814CityCouncilPacket Page 130 of 232 08/08/2014/jr1 34-193. Definitions. For the purposes of this chapter only, the following definitions apply: (1) "Taxicab" or "vehicle for hire" shall be defined as any vehicle for transportation for hire for passengers and which is operated in the corporate limits of the City. The term includes, but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle, vehicle offering shuttle and/or transportation services, motorized cart, personal transportation vehicle, pedicab or low speed vehicle that offer shuttle and/or transportation services. The terms "taxicab" and "vehicle for hire" shall be used interchangeably in this ordinance. (2) "Vehicle"means both motorized and non-motorized vehicles. (3) "Operate," "to operate," "operating in the City," or any similar term shall be defined as picking up or dropping off a passenger or any person within the City for a fee or fare, regardless of the originating point or eventual destination of the person. Notwithstanding the foregoing, this shall not include any taxicab licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island. (4) "Owner" means the one who holds the license to operate a taxicab or vehicle for hire. (5) "Transportation for Hire" means to transport at least one (1)person in a vehicle in exchange for money. (6) "Tour service vehicle" means a vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city where the primary purpose is touring and sight-seeing; including motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding limousines (as they are defined by the laws of the state)which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. (7) "License" and"License for operation"means an occupation tax certificate. In this Article, License does not mean"operator's license." (8) "Vehicle for Hire/Taxicab Regulatory Decal"means the decal granted by the City for the privilege of operating a Vehicle for Hire or Taxicab within the corporate limits of the City of Tybee Island, issued upon the receipt of a regulatory fee, if any, and compliance with the requirements of the Vehicle for Hire ordinance. (9) "Taxi Stand"means a reserved area where taxis and vehicles for hire may be parked upon the streets and parking areas of the City of Tybee while awaiting hire. 34-194. License. 20140814CityCouncilPacket Page 131 of 232 08/08/2014/jr1 (1) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the streets of the City unless a license for operation has first been obtained from the designated city official. (2) In order to obtain a license, application must be made to the designated city official, containing the following information: (a) Name, address and place of business of the applicant. If the applicant is a partnership, the name, address and place of business of each partner or limited partner. If the applicant is a corporation, the name and address of each of the officers of such corporation and those shareholders holding 50 percent or more of the stock in the corporation, and the principal place of business of the corporation. (b) The trade name under which the applicant proposes to operate. (c) The maximum number and type of vehicles to be operated. (d) The name of any insurance or surety providing coverage to the applicant for operation of taxicabs or vehicles for hire. 34-195. Issuance of License. (1) The designated city official shall determine whether issuance of a license is appropriate and shall be approved or denied, based upon the minimum requirements contained in this Article. (2) Each taxicab or vehicle for hire company, as a condition precedent to receiving a license to operate a vehicle, must have a physical fixed place of business located within Chatham County and comply with the provisions of this ordinance. If approved, and upon payment of the license fee or occupation tax, the license shall be issued. Any license issued is not transferable by the applicant. (a) If the license holder relocates or plans to move from the physical fixed address enumerated in this subsection, then the license holder shall notify the designated city official fourteen (14) days prior to re-location. (3) The applicant shall pay all annual regulatory fee(s) at a rate set by the Mayor and City Council, if the Mayor and Council shall so prescribe. (4) If the application for a license is denied by the designated city official, within thirty (30) days following the receipt of written notice of the denial from the designated city official, the applicant may appeal the decision to the Mayor and Council. Mayor and Council shall consider whether the designated city official abused his or her discretion in denying the applicant a permit. 20140814CityCouncilPacket Page 132 of 232 08/08/2014/jr1 (5) Any license shall be valid for one (1) year, and thereafter any license holder will be subject to renewals, and upon renewal, the applicant shall comply with the terms of the ordinance as it exists upon the date of the renewal. (6) For every vehicle the applicant intends to operate as a vehicle for hire or tour service vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city official for inspection and for compliance with 34-211 of this Article. No vehicle shall be issued a decal until the vehicle has been registered and passed inspection. (7) If a license holder has any information concerning any traffic citations, including but not limited to the operating of a motor vehicle while under the influence of intoxicating beverages or drugs, or any information concerning a change in the qualifying status by any operator hired or otherwise employed or contracted by the licensee under this ordinance, then the licensee shall immediately notify the designated city official. 34-196. Suspension or revocation of license. Following notice to the applicant and hearing before the designated city official, a license may be suspended or revoked if it is determined that the application or other documents provided to the City are inaccurate or falsified or if a taxicab is found to be operating in violation of any provision of this chapter, the laws of the state or the United States or other law or ordinance of this City. The designated city official may further suspend or revoke a license or operator license issued hereinunder if it is determined that an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been operated in an unsafe manner. Within thirty (30) days of receipt by the licensee of a written determination by the designated city official revoking the license, the licensee whose license has been revoked may appeal to Mayor and Council of the City of Tybee Island, by delivering a signed Notice of Appeal to the Clerk of Council for the City of Tybee. 34-197. Vehicle operators. No person shall operate a taxicab, tour service vehicle or other vehicle for hire within the City without having first registered with the designated city official, and securing an operator's license. (1) A vehicle operator must: (a) Be at least twenty-one (21) years of age; (b) Hold a valid driver's license; (c) Submit to a criminal background check; (d) Submit a seven(7) year Motor Vehicle Record issued by the State; (e) Submit a form signed by a physician certifying physical fitness; and, (f) Any other requirement placed upon the operator of a motor vehicle by State law. (g) Submit any forms required by the City by state and federal laws pertaining to immigration status. (2) An applicant for an operator's license under this article must: (a) Not have physical infirmities which make said applicant unsafe or unsatisfactory as an operator of a vehicle for hire; (b) Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within two years prior to the 20140814CityCouncilPacket Page 133 of 232 08/08/2014/jr1 date of the application for such permit, or have been convicted of reckless driving within one year prior to the date of the application for such permit, or have been convicted of any of these offenses three or more times within three years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within three years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex-related offense), or who has within three years prior to the date of the application for such permit been convicted of, been on probation, parole, or served time on a sentence for a felony. A plea of nolo contender to any of the offenses set out in this section shall be deemed a conviction; and (c) Be a citizen of the United States or an alien admitted for permanent residence or who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services. (3) Fees; Before any license is granted under this article, the following fee(s) shall be paid by the applicant: (a) Background investigation fee. A background investigation fee in the amount of$10.00 shall be paid by the applicant upon application being made and prior to issuance of license; (b) A current 7 year M.V.R. is required at the time of the application and renewal. This is the responsibility of the license holder; and (c) A regulatory fee of as defined in Section 58-179; Regulatory Fee Schedule. 34-198. Issuance of operator's license. (1) The designated city official, shall determine whether issuance of an operator's license is warranted. (2) The operator must maintain a valid driver's license to continue operating a vehicle for hire. In the event the operator's license is suspended or expires, any license issued pursuant to this chapter shall immediately expire and be revoked. (3) Operator licenses are non-transferable. Any operator license issued under this article is not transferable from one driver to another, and is to be used solely by the person to whom it is issued. Any licensed driver shall notify the designated city official prior to beginning employment with another company. An operator may not utilize his or her operator's license with more than one person or entity licensed to operate pursuant to 34-194, unless the operator has separate operator licenses for each person or entity licensed to operate pursuant to 34-194. 20140814CityCouncilPacket Page 134 of 232 08/08/2014/jr1 (4) Duration of license. The driver's license shall be in effect for twelve (12) months from the date of issue. Licenses may be renewed upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the license for the preceding period has been revoked or is suspended. (5) Photograph and Display of License. Before any operator's license is issued, the operator shall submit two passport style photographs to the designated city official. One photograph shall be attached permanently to the operator's permit for display in the vehicle or on the operator's person at all times in which the applicant is the operator. The second photograph shall be filed for record by the designated city official. It shall be unlawful for any person willfully to alter, deface, obliterate, or destroy an operator's license or any notice displayed to passengers, or cause the same to be. (6) If the licensed operator receives any legal citation for a moving violation or other traffic violation, including operating a motor vehicle while under the influence of intoxicating beverages or drugs, the licensed operator shall immediately notify the designated city official of such citation. 34-199. Penalty for operating without licensure. No vehicle shall be operated as a vehicle for hire upon the streets of the City unless such vehicle has been licensed under the provisions of this article for use as a vehicle for hire. The operator of any vehicle operating as a vehicle for hire without having a current valid operator's license for that vehicle shall be subject to a fine pursuant to Sec. 34-49. This paragraph shall not apply to a Taxicab or Vehicle for Hire licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island, and does not pick up and drop off any passengers within the jurisdictional limits of the City of Tybee Island. 34-200. Operator identification. Each operator of a vehicle for hire in the City shall be issued an identification badge which shall either be worn around the neck of the operator while working as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the vehicle that the operator is operating. 34-201. Vehicle registration. (1) If required by Georgia Law, prior to the use and operation of any vehicle as a taxicab under the provisions of this article, the owner of said vehicle shall secure and display on the vehicle a current Georgia license registration tag. (2) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers unless the vehicle has been registered with the designated city official as available for use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on the lower left portion of the front windshield, as so determined by the designated city official. If placement of the regulatory decal in this location is not feasible, the designated city official shall exercise discretion in determining placement of the decal. Violation of this section shall result in revocation of the applicant's license. 20140814CityCouncilPacket Page 135 of 232 08/08/2014/jr1 34-202. Vehicle Parking Location and Taxi Stands. Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire may not be parked on city property, including the roadways, parking lots and curbs for more than one (1) hour continuously, unless the driver is in the vehicle. At the discretion of the designated city official, vehicles for hire may be parked on city property for more than one (1) hour continuously during special events or when otherwise authorized by the designated city official. The designated city official shall have the authority to designate areas within the City of Tybee Island as Taxi Stands, subject to the limitation that one stand always be located within one hundred(100) feet of the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change, following ten (10) days written notice to all vehicle for hire companies that are then currently licensed under this ordinance. In addition, during the hours of 7:00 p.m. until 5:00 a.m., vehicles for hire may use areas within the City of Tybee designated as "Loading Zones" as a place to load and unload passengers, subject to the same rules and time constraints that are in effect for each loading zone. Vehicles for hire may not be parked in areas designated by signage as "Vehicle for Hire: No Parking Zone" or similar language. 34-203. Indemnification. Any vehicle for hire operating under this article shall hold the City harmless against any and all liability, loss, costs, damages, or expense which may accrue to the City by reason of the negligence, default, or misconduct of the company or operator in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City liable for damages because of any negligent act or omission or commission by any hire operating under this article, its servants, agents, drivers, or other employees, during the operation by the company of a vehicle for hire business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained. 34-204. Liability insurance. (1) It shall be unlawful for any person to operate any vehicle for hire upon the streets of the City unless the license holder shall,before the vehicle is placed in operation, file with the designated city official for each such vehicle a liability insurance policy for the injury of persons or property, a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a vehicle for hire, or a self insurance certificate issued under State guidelines and regulated by the Insurance Commissioner of Georgia. Proof of insurance shall be kept in the vehicle and on file at City Hall. The minimum insurance coverage for any vehicle for hire covered under this ordinance shall be in accordance with Georgia State Law applicable to all automobiles and/or motor vehicles. Such indemnity insurance shall inure to the benefit of any person who is injured or who sustains damage to property caused by the negligence of a taxicab, tour service vehicle or vehicle for hire company or the operator, whether servant, agent, or independent contractor. (2) Blanket Policy. Any company or person operating a vehicle for hire in the City shall give a separate policy of indemnity insurance or certificate of self insurance for each separate vehicle, except where such company or person actually owns or holds legal title to more 20140814CityCouncilPacket Page 136 of 232 08/08/2014/jr1 than one vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self insurance covering all the vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning vehicles who may be jointly operating or doing business under a licensed taxicab, tour service vehicle or vehicle for hire company name. The vehicle for hire company is responsible for ensuring that individual persons operating vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage. (3) Proof of the original indemnity policy required shall be on file with the designated city official. (4) Each certificate of insurance submitted to the designated city official prior to the issuance of a license shall include, by endorsement to the policy, a statement that written notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. (5) Violation of this section shall result in revocation of the applicant's license. 34-205. Signs and Identifying Markings. (1) It shall be unlawful to operate in the City a taxicab or vehicle for hire unless the vehicle contains at least two signs measuring at least 12 inches in height by 18 inches in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of the operator or company and a telephone number where the vehicle's services may be procured. The signs may be painted on the vehicle or attachable, but must be in place at all times the vehicle is operated as or available for hire. The operation of a taxicab or vehicle for hire for transporting passengers which does not bear the signage required by this chapter shall result in revocation of the operator's license. (2) The requirements in subsection(1) of this section shall not apply to motorized carts,personal transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful to operate in the City as a taxicab or other vehicle for hire for transporting passengers unless the vehicle contains the words Taxi located on two opposing sides of the vehicle. The sign shall be in accordance with the sign regulations specifically enumerated in section(1) of this subsection, except where dimensions of the vehicle require a smaller sign. In addition, all of these vehicles must be in compliance with the requirements placed on motorized carts under this Code (Sec. 66-8). (3) Color Scheme. (a) No two taxicab or vehicle for hire companies may operate with the same color scheme. Color schemes shall be recorded and controlled by the designated city official. Upon an application for a license, the applicant shall be provided with the color scheme of all reserved or taken color schemes. The color scheme shall be a selection of two colors. Upon the adoption of this ordinance, the designated city official put together a list based upon the seniority of the license holders,with the oldest continuously held license holders having first selection on color scheme, 20140814CityCouncilPacket Page 137 of 232 08/08/2014/jr1 and the second oldest having the second selection, and continuing thereon until all license holders who held a license at the adoption of this ordinance have reserved a color scheme. (b) Amortization. This provision related to color schemes [34-205(3)(a)] shall have no effect on those vehicles for hire or taxicabs already licensed and validly operating within the City of Tybee's jurisdiction when this ordinance is adopted. Provided however,that all taxicabs or vehicles for hire shall be compliant with the aforementioned color scheme within eighteen(18)months of the adoption of this ordinance. (c) Personal Transportation Vehicles, motorized carts and low speed vehicles are not subject to the color scheme specified in this subsection. However, all personal transportation vehicles, motorized carts and low speed vehicles shall be of uniform color if they are held out for operation by the same license holder. (4) Uniforms. During the time that they are operating a vehicle for hire or taxicab with the city limits of the City of Tybee operators shall wear a shirt or uniform which has emblazoned upon the shirt the name of the taxicab or vehicle for hire company or license holder. (5) A license to operate pursuant to 34-194 is non-transferable, and every sign on a taxicab or vehicle for hire must reflect the name of the entity or person licensed pursuant to 34- 194. 34-206. Citations for violations of Taxicab and Vehicle for Hire Ordinance. In addition to law enforcement, the designated city official, or other agents authorized by the City Council and Mayor, shall have the authority to cite or suspend vehicle operators and/or taxicab, tour service vehicles or vehicles for hire companies for violations of this ordinance. 34-207. Authority for removal from streets. The designated city official shall have the authority to remove from operation on the streets of the City any vehicle or operator which is in violation of this article and to prohibit operation of such vehicle until all deficiencies have been corrected. An order of the designated city official to remove a vehicle from the City streets may be appealed to the City Council. Until the appeal has been heard and ruled upon, the vehicle or operator ordered to be removed from service shall not be used for operations. 34-208. Speakers and Recorded Messages (1) It shall be unlawful to operate loudspeakers outside any vehicle for hire within the city; speakers may be operated within the confines of vehicles for the sole benefit of the passengers within the confines. (2) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the vehicle for hire. (3) All activity associated with a tour, including but not limited to interaction with people, actors, other tours and props must be contained within the vehicle or method of 20140814CityCouncilPacket Page 138 of 232 08/08/2014/jr1 conveyance (motor coach, bus, trolley, automobile, van, segways, bicycle, carriage, walking tours, etc.). 34-209. Soliciting passengers prohibited. It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly owned facility. (1) Unlawful solicitation occurs when a driver solicits passengers: (a) from a location other than the driver's compartment or the immediate vicinity of the driver's Vehicle for Hire; or, (b) in a way that obstructs the movement of a person, or follows any person for the purpose of unlawful soliciting. (c) Anyone guilty of the offense of Soliciting passengers is subject to a fine or fines as specified in Chapter 42 -Fees for violations of Vehicle for Hire Ordinance. 34-210. Requirements on Motor Common or Contract Carriers. Any requirements specifically enumerated in this Section shall be cumulative, or in addition to any requirements placed on motor common or contract carriers by State or Federal Law. 34-211. Safe and Mechanical Operation. All taxicabs or vehicles for hire shall be maintained in a safe and mechanical condition, with all safety and pollution equipment required by law remaining intact through service and operation. This inspection shall be performed annually by the designated city official, and shall be an additional condition precedent to the issuance of a decal establishing registration under the ordinance pursuant to 34-202. 34-212. Motorized Cart Use. In order to utilize a motorized cart, or personal transportation vehicle as a vehicle for hire, the motorized cart of personal transportation vehicle must be equipped to seat at least six people, the driver included. 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. 20140814CityCouncilPacket Page 139 of 232 08/08/2014/jr1 SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of the 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/48-A-2014 Sec Art 6 Opt A taxi and vehicles for hire 07.30.14 20140814CityCouncilPacket Page 140 of 232 08/08/2014/jrl Article VI: TAXIS AND VEHICLES FOR HIRE 34 -191. Title. This Ordinance shall be known as the "Taxicab/Vehicle for Hire License and Regulatory Ordinance" 34-192. Applicability of chapter. The operating of taxicabs or vehicles for the transportation of passengers for hire within the City shall be subject to the conditions, regulations and restrictions contained in this chapter. When the term "vehicle", "operator", or other terms and definitions with common meaning are used in this section, it is to be limited to the conditions, regulations and restrictions in this Article and shall not have any application outside this Article. 34-193. Definitions. For the purposes of this chapter only, the following definitions apply: (1) "Taxicab" or "vehicle for hire" shall be defined as any vehicle for transportation for hire for passengers and which is operated in the corporate limits of the City. The term includes, but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle, vehicle offering shuttle and/or transportation services, motorized cart, personal transportation vehicle, pedicab or low speed vehicle that offer shuttle and/or transportation services . The terms "taxicab" and "vehicle for hire" shall be used interchangeably in this ordinance. (2) "Vehicle"means both motorized and non-motorized vehicles. (3) "Operate," "to operate," "operating in the City," or any similar term shall be defined as picking up or dropping off a passenger or any person within the City for a fee or fare, regardless of the originating point or eventual destination of the person. Notwithstanding the foregoing, this shall not include any taxicab licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island. (4) "Owner" means the one who holds the license to operate a taxicab or vehicle for hire. (5) "Transportation for Hire" means to transport at least one (1) person in a vehicle in exchange for money. (6) "Tour service vehicle"means a vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city where the primary purpose is touring and sight-seeing; including motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding limousines (as they are defined by the laws of the state)which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, 20140814CityCouncilPacket Page 141 of 232 08/08/2014/jr1 however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. (7) "License" and "License for operation"means an occupation tax certificate. In this Article, License does not mean "operator's license." (8) "Vehicle for Hire/Taxicab Regulatory Decal"means the decal granted by the City for the privilege of operating a Vehicle for Hire or Taxicab within the corporate limits of the City of Tybee Island, issued upon the receipt of a regulatory fee, if any, and compliance with the requirements of the Vehicle for Hire ordinance. (9) "Taxi Stand"means a reserved area where taxis and vehicles for hire may be parked upon the streets and parking areas of the City of Tybee while awaiting hire. 34-194. License. (1) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the streets of the City unless a license for operation (also known as an occupation tax certificate or business license) has first been obtained from the designated city official. (2) In order to obtain a license, application must be made to the designated city official, containing the following information: (a) Name, address and place of business of the applicant. If the applicant is a partnership, the name, address and place of business of each partner or limited partner. If the applicant is a corporation, the name and address of each of the officers of such corporation and those shareholders holding 50 percent or more of the stock in the corporation, and the principal place of business of the corporation. (b) The trade name under which the applicant proposes to operate. (c) The maximum number and type of vehicles to be operated. (d) The name of any insurance or surety providing coverage to the applicant for operation of taxicabs or vehicles for hire. 34-195. Issuance of License. (1) The designated city official shall determine whether issuance of a license is appropriate and shall be approved or denied. (2) Each taxicab or vehicle for hire company, as a condition precedent to receiving a license to operate a vehicle, must have a physical fixed place of business located within Chatham County and comply with the provisions of this ordinance. If approved, and upon payment of the license fee or occupation tax, the license shall be issued. Any license issued is not transferable by the applicant. (a) If the license holder relocates or plans to move from the physical fixed address enumerated in this subsection, then the license holder shall notify the designated city official fourteen (14) days prior to re-location. 20140814CityCouncilPacket Page 142 of 232 08/08/2014/jr1 (3) The applicant shall pay all annual regulatory fee(s) at a rate set by the Mayor and City Council, if the Mayor and Council shall so prescribe. (4) If the application for a license is denied by the designated city official, within thirty (30) days following the receipt of written notice of the denial from the designated city official, within thirty (30) days, the applicant may appeal the decision to the Mayor and Council. Mayor and Council shall consider Mayor and Council shall consider whether the designated city official abused his or her discretion in denying the applicant a permit. (5) Any license shall be valid for one (1) year, and thereafter any license holder will be subject to renewals, and upon renewal, the applicant shall comply with the terms of the ordinance as it exists upon the date of the renewal. (6) For every vehicle the applicant intends to operate as a vehicle for hire or tour service vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city official for inspection and for compliance with 34-211 of this Article. No vehicle shall be issued a decal until the vehicle has been registered and passed inspection. (7) If a license holder has any information concerning any traffic citations, including but not limited to the operating a motor vehicle while under the influence of intoxicating beverages or drugs, or any information concerning a change in the qualifying status by any operator hired or otherwise employed or contracted by the licensee under this ordinance, then the licensee shall immediately notify the designated city official. 34-196. Suspension or revocation of license. Following notice to the applicant and hearing before the designated city official, a license may be suspended or revoked if it is determined that the application or other documents provided to the City are inaccurate or falsified or if a taxicab is found to be operating in violation of any provision of this chapter, the laws of the state or the United States or other law or ordinance of this City. The designated city official may further suspend or revoke a license or operator license issued hereinunder if it is determined that an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been operated in an unsafe manner. Within thirty (30) days of receipt by the licensee of a written determination by the designated city official revoking the license, the licensee whose license has been revoked may appeal to Mayor and Council of the City of Tybee Island. 34-197. Vehicle operators. No person shall operate a taxicab, tour service vehicle or other vehicle for hire within the City without having first registered with the designated city official, and securing an operator's license. (1) A vehicle operator must: (a) Be at least twenty-one (21) years of age; (b) Hold a valid Driver's license; (c) Submit to a criminal background check; (d) Submit a seven (7) year Motor Vehicle Record issued by the State; (e) Submit a form signed by a physician certifying physical fitness; and, (f) Any other requirement placed upon the operator of a motor vehicle by 20140814CityCouncilPacket Page 143 of 232 08/08/2014/jr1 State law. (g) Submit any forms required by the City by state and federal laws pertaining to immigration status. (2) An applicant for an operator's license under this article must: (a) Not have physical infirmities which make said applicant unsafe or unsatisfactory as an operator of a vehicle for hire; (b) Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within two years prior to the date of the application for such permit, or have been convicted of reckless driving within one year prior to the date of the application for such permit, or have been convicted of any of these offenses three or more times within three years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within three years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex-related offense), or who has within three years prior to the date of the application for such permit been convicted of, been on probation, parole, or served time on a sentence for a felony. A plea of nolo contendre to any of the offenses set out in this section shall be deemed a conviction; and (c) Be a citizen of the United States or an alien admitted for permanent who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services. (3) Fees; Before any license is granted under this article, the following fee(s) shall be paid by the applicant: (a) Background investigation fee. A background investigation fee in the amount of$10.00 shall be paid by the applicant upon application being made and prior to issuance of license; (b) A current 7 year M.V.R. is required at the time of the application and renewal. This is the responsibility of the license holder; and (c) A regulatory fee of as defined in Section 58-179; Regulatory Fee Schedule. 34-198. Issuance of operator's license. (1) The designated city official, shall determine whether issuance of an operator's license is warranted. (2) The operator must maintain a valid driver's license to continue operating a vehicle for hire. In the event the operator's license is suspended or expires, any license issued pursuant to this chapter shall immediately expire and be revoked. (3) Operator licenses are non-transferable. Any operator license issued under this article is not transferable from one driver to another, and is to be used solely by the person to whom it is issued. Any licensed driver shall notify the designated city official prior to 20140814CityCouncilPacket Page 144 of 232 08/08/2014/jr1 beginning employment with another company. An operator may not utilize his or her operator's license with more than one person or entity licensed to operate pursuant to 34-194, unless the operator has separate operator licenses for each person or entity licensed to operate pursuant to 34-194. (4) Duration of license. The driver's license shall be in effect for twelve (12) months from the date of issue. Licenses may be renewed upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the license for the preceding period has been revoked or is suspended. (5) Photograph and Display of License. Before any operator's license is issued, the operator shall submit two passport style photographs to the designated city official. One photograph shall be attached permanently to the operator's permit for display in the vehicle at all times in which the applicant is the operator. The second photograph shall be filed for record by the designated city official. It shall be unlawful for any person willfully to alter, deface, obliterate, or destroy an operator's license or any notice displayed to passengers, or cause the same to be. (6) If the licensed operator receives any legal citation for a moving violation or other traffic violation, including operating a motor vehicle while under the influence of intoxicating beverages or drugs, the licensed operator shall immediately notify the designated city official of such citation. 34-199. Penalty for operating without licensure. No vehicle shall be operated as a vehicle for hire upon the streets of the City unless such vehicle has been licensed under the provisions of this article for use as a vehicle for hire. The operator of any vehicle operating as a vehicle for hire without having a current valid operator's license for that vehicle shall be subject to a fine pursuant to Sec. 34-49. This paragraph shall not apply to a Taxicab or Vehicle for Hire licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island, and does not pick up and drop off any passengers within the jurisdictional limits of the City of Tybee Island. 34-200. Operator identification. Each operator of a vehicle for hire in the City shall be issued an identification badge which shall either be worn around the neck of the operator while working as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the vehicle that the operator is operating. 34-201. Vehicle registration (1) If required by Georgia Law, prior to the use and operation of any vehicle as a taxicab under the provisions of this article, the owner of said vehicle shall secure and display on the vehicle a current Georgia license registration tag. (2) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers unless the vehicle has been registered with the designated city official as available for use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on the lower 20140814CityCouncilPacket Page 145 of 232 08/08/2014/jr1 left portion of the front windshield, a sticker or other signifying marker, as so determined by the designated city official. If placement of the regulatory decal in this location is not feasible, the designated city official shall exercise discretion in determining placement of the decal. Violation of this section shall result in revocation of the applicant's license. 34-202. Vehicle Parking Location and Taxi Stands. Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire may not be parked on city property, including the roadways, parking lots and curbs for more than one (1) hour continuously, unless the driver is in the vehicle. At the discretion of the designated city official, vehicles for hire may be parked on city property for more than one (1) hour continuously during special events or when otherwise authorized by the designated city official. The designated city official shall have the authority to designate areas within the City of Tybee Island as Taxi Stands, subject to the limitation that one stand always be located within one hundred(100) feet of the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change, following ten (10) days written notice to all vehicle for hire companies that are then currently licensed under this ordinance. In addition, during the hours of 7:00 p.m. until 5:00 a.m., vehicles for hire may use areas within the City of Tybee designated as "Loading Zones" as a place to load and unload passengers, subject to the same rules and time constraints that are in effect for each loading zone. Vehicles for hire may not be parked in areas designated by signage as "Vehicle for Hire: No Parking Zone" or similar language. 34-203. Indemnification. Any taxicab, tour service vehicle or vehicle for hire operating under this article shall hold the City harmless against any and all liability, loss, costs, damages, or expense which may accrue to the City by reason of the negligence, default, or misconduct of the company or operator in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City liable for damages because of any negligent act or omission or commission by any taxicab, tour service vehicle or vehicle for hire operating under this article, its servants, agents, drivers, or other employees, during the operation by the company of a taxicab, tour service vehicle or vehicle for hire business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained. 34-204. Liability insurance. (1) It shall be unlawful for any person to operate any taxicab, tour service vehicle or vehicle for hire upon the streets of the City unless the license holder shall, before the vehicle is placed in operation, file with the designated city official for each such vehicle a liability insurance policy for the injury of persons or property, a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a taxicab, or a self insurance certificate issued under State guidelines and regulated by the Insurance Commissioner of Georgia. Proof of insurance shall be kept in the vehicle and on file at City Hall. The minimum insurance coverage for any vehicle for hire covered under this ordinance shall be in accordance with Georgia State Law applicable to all automobiles and/or motor vehicles. Such indemnity insurance shall inure to the benefit of any person who is injured 20140814CityCouncilPacket Page 146 of 232 08/08/2014/jr1 or who sustains damage to property caused by the negligence of a taxicab, tour service vehicle or vehicle for hire company or the operator, whether servant, agent, or independent contractor. (2) Blanket Policy; Any company or person operating a vehicle for hire in the City shall give a separate policy of indemnity insurance or certificate of self insurance for each separate vehicle, except where such company or person actually owns or holds legal title to more than one vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self insurance covering all the vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning vehicles who may be jointly operating or doing business under a licensed taxicab, tour service vehicle or vehicle for hire company name. The vehicle for hire company is responsible for ensuring that individual persons operating vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage. (3) Proof of the original indemnity policy required shall be on file with the designated city official. (4) Each certificate of insurance submitted to the designated city official prior to the issuance of a license shall include, by endorsement to the policy, a statement that written notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. (5) Violation of this section shall result in revocation of the applicant's license. 34-205. Signs and Identifying Markings. (1) It shall be unlawful to operate in the City a taxicab or vehicle for hire unless the vehicle contains at least two signs measuring at least 12 inches in height by 18 inches in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of the operator or company and a telephone number where the vehicle's services may be procured. The signs may be painted on the vehicle or attachable, but must be in place at all times the vehicle is operated as or available for hire. The operation of a taxicab or vehicle for hire for transporting passengers which does not bear the signage required by this chapter shall result in revocation of the operator's license. (2) The requirements in subsection(1) of this section shall not apply to motorized carts,personal transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful to operate in the City as a taxicab or other vehicle for hire for transporting passengers unless the vehicle contains the words Taxi located on two opposing sides of the vehicle. The sign shall be in accordance with the sign regulations specifically enumerated in section(1) of this subsection, except where dimensions of the vehicle require a smaller sign. In addition, all of these vehicles must be in compliance with the requirements placed on motorized carts under this Code (Sec. 66-8). (3) A license to operate pursuant to 34-194 is non-transferable, and every sign on a taxicab or vehicle for hire must reflect the name of the entity or person licensed pursuant to 34- 194. 20140814CityCouncilPacket Page 147 of 232 08/08/2014/jr1 34-206. Citations for violations of Taxicab and Vehicle for Hire Ordinance. In addition to law enforcement, the designated city official, or other agents authorized by the City Council and Mayor, shall have the authority to cite or suspend vehicle operators and/or taxicab, tour service vehicles or vehicles for hire companies for violations of this ordinance. 34-207. Authority for removal from streets. The designated city official shall have the authority to remove from operation on the streets of the City any vehicle or operator which is in violation of this article and to prohibit operation of such vehicle until all deficiencies have been corrected. An order of the designated city official to remove a vehicle from the City streets may be appealed to the City Council. Until the appeal has been heard and ruled upon, the vehicle or operator ordered to be removed from service shall not be used for operations. 34-208. Speakers and Recorded Messages (1) It shall be unlawful to operate speakers outside any vehicle for hire within the city; speakers may be operated within the confines of vehicles for the sole benefit of the passengers within the confines. (2) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the vehicle for hire. (3) All activity associated with a tour, including but not limited to interaction with people, actors, other tours and props must be contained within the vehicle or method of conveyance (motor coach, bus, trolley, automobile, van, segways, bicycle, carriage, walking tours, etc.). 34-209. Soliciting passengers prohibited. It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly owned facility. (1) Unlawful solicitation occurs when a driver solicits passengers: (a) from a location other than the driver's compartment or the immediate vicinity of the driver's Vehicle for Hire; or (b) in a way that obstructs the movement of a person, or follows any person for the purpose of unlawful soliciting. (2) Anyone guilty of the offense of Soliciting passengers is subject to a fine or fines as specified in Chapter 42 -Fees for violations of Vehicle for Hire Ordinance. 34-210. Requirements on Motor Common or Contract Carriers. Any requirements specifically enumerated in this Section shall be cumulative, or in addition to any requirements placed on motor common or contract carriers by State or Federal Law. 34-211. Safe and Mechanical Operation. All taxicabs or vehicles for hire shall be maintained in a safe and mechanical condition, with all safety and pollution equipment required by law remaining intact through service and operation. This inspection shall be performed 20140814CityCouncilPacket Page 148 of 232 08/08/2014/jr1 annually by the designated city official, and shall be an additional condition precedent to the issuance of a decal establishing registration under the ordinance pursuant to 34-202. 20140814CityCouncilPacket Page 149 of 232 08/08/2014/jr1 ORDINANCE NO. 48-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO REPEAL AND REPLACE ARTICLE VI, TAXIS AND VEHICLES FOR HIRE, 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 amend the Code pertaining to taxi cabs and vehicles for hire, and for other purposes, and WHEREAS, the City of Tybee Island desires to delete in its entirety Article VI rename and replace the same; NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances that the current Article VI is hereby repealed and renamed so that Article VI shall hereafter read as follows. SECTION 1 Article VI is hereby repealed in its entirety, renamed and it shall hereafter read as follows: Article VI: TAXIS AND VEHICLES FOR HIRE 34 -191. Title. This Ordinance shall be known as the "Taxicab/Vehicle for Hire License and Regulatory Ordinance" 34-192. Applicability of chapter. The operating of taxicabs or vehicles for the transportation of passengers for hire within the City shall be subject to the conditions, regulations and restrictions contained in this chapter. When the term "vehicle", "operator", or other terms and definitions with common meaning are used in this section, it is to be limited to the conditions, regulations and restrictions in this Article and shall not have any application outside this Article. 34-193. Definitions. For the purposes of this chapter only, the following definitions apply: 20140814CityCouncilPacket Page 150 of 232 08/08/2014/jr1 (1) "Taxicab" or "vehicle for hire" shall be defined as any vehicle for transportation for hire for passengers and which is operated in the corporate limits of the City. The term includes, but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle,vehicle offering shuttle and/or transportation services, motorized cart, personal transportation vehicle, pedicab or low speed vehicle that offer shuttle and/or transportation services . The terms "taxicab" and "vehicle for hire" shall be used interchangeably in this ordinance. (2) "Vehicle"means both motorized and non-motorized vehicles. (3) "Operate," "to operate," "operating in the City," or any similar term shall be defined as picking up or dropping off a passenger or any person within the City for a fee or fare, regardless of the originating point or eventual destination of the person. Notwithstanding the foregoing, this shall not include any taxicab licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island. (4) "Owner" means the one who holds the license to operate a taxicab or vehicle for hire. (5) "Transportation for Hire"means to transport at least one (1) person in a vehicle in exchange for money. (6) "Tour service vehicle"means a vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city where the primary purpose is touring and sight-seeing; including motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding limousines (as they are defined by the laws of the state)which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. (7) "License" and"License for operation"means an occupation tax certificate. In this Article, License does not mean"operator's license." (8) "Vehicle for Hire/Taxicab Regulatory Decal"means the decal granted by the City for the privilege of operating a Vehicle for Hire or Taxicab within the corporate limits of the City of Tybee Island, issued upon the receipt of a regulatory fee, if any, and compliance with the requirements of the Vehicle for Hire ordinance. (9) "Taxi Stand"means a reserved area where taxis and vehicles for hire may be parked upon the streets and parking areas of the City of Tybee while awaiting hire. 34-194. License. (1) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the streets of the City unless a license for operation (also known as an occupation tax certificate or business license)has first been obtained from the designated city official. 20140814CityCouncilPacket Page 151 of 232 08/08/2014/jr1 (2) In order to obtain a license, application must be made to the designated city official, containing the following information: (a) Name, address and place of business of the applicant. If the applicant is a partnership, the name, address and place of business of each partner or limited partner. If the applicant is a corporation, the name and address of each of the officers of such corporation and those shareholders holding 50 percent or more of the stock in the corporation, and the principal place of business of the corporation. (b) The trade name under which the applicant proposes to operate. (c) The maximum number and type of vehicles to be operated. (d) The name of any insurance or surety providing coverage to the applicant for operation of taxicabs or vehicles for hire. 34-195. Issuance of License. (1) The designated city official shall determine whether issuance of a license is appropriate and shall be approved or denied. (2) Each taxicab or vehicle for hire company, as a condition precedent to receiving a license to operate a vehicle, must have a physical fixed place of business located within Chatham County and comply with the provisions of this ordinance. If approved, and upon payment of the license fee or occupation tax, the license shall be issued. Any license issued is not transferable by the applicant. (a) If the license holder relocates or plans to move from the physical fixed address enumerated in this subsection, then the license holder shall notify the designated city official fourteen (14) days prior to re-location. (3) The applicant shall pay all annual regulatory fee(s) at a rate set by the Mayor and City Council, if the Mayor and Council shall so prescribe. (4) If the application for a license is denied by the designated city official, within thirty (30) days following the receipt of written notice of the denial from the designated city official, within thirty(30) days, the applicant may appeal the decision to the Mayor and Council. Mayor and Council shall consider Mayor and Council shall consider whether the designated city official abused his or her discretion in denying the applicant a permit. (5) Any license shall be valid for one (1) year, and thereafter any license holder will be subject to renewals, and upon renewal, the applicant shall comply with the terms of the ordinance as it exists upon the date of the renewal. (6) For every vehicle the applicant intends to operate as a vehicle for hire or tour service vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city official for inspection and for compliance with 34-211 of this Article. No vehicle shall be issued a decal until the vehicle has been registered and passed inspection. 20140814CityCouncilPacket Page 152 of 232 08/08/2014/jr1 (7) If a license holder has any information concerning any traffic citations, including but not limited to the operating a motor vehicle while under the influence of intoxicating beverages or drugs, or any information concerning a change in the qualifying status by any operator hired or otherwise employed or contracted by the licensee under this ordinance, then the licensee shall immediately notify the designated city official. 34-196. Suspension or revocation of license. Following notice to the applicant and hearing before the designated city official, a license may be suspended or revoked if it is determined that the application or other documents provided to the City are inaccurate or falsified or if a taxicab is found to be operating in violation of any provision of this chapter, the laws of the state or the United States or other law or ordinance of this City. The designated city official may further suspend or revoke a license or operator license issued hereinunder if it is determined that an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been operated in an unsafe manner. Within thirty (30) days of receipt by the licensee of a written determination by the designated city official revoking the license, the licensee whose license has been revoked may appeal to Mayor and Council of the City of Tybee Island. 34-197. Vehicle operators. No person shall operate a taxicab, tour service vehicle or other vehicle for hire within the City without having first registered with the designated city official, and securing an operator's license. (1) A vehicle operator must: (a) Be at least twenty-one (21) years of age; (b) Hold a valid Driver's license; (c) Submit to a criminal background check; (d) Submit a seven(7) year Motor Vehicle Record issued by the State; (e) Submit a form signed by a physician certifying physical fitness; and, (f) Any other requirement placed upon the operator of a motor vehicle by State law. (g) Submit any forms required by the City by state and federal laws pertaining to immigration status. (2) An applicant for an operator's license under this article must: (a) Not have physical infirmities which make said applicant unsafe or unsatisfactory as an operator of a vehicle for hire; (b) Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within two years prior to the date of the application for such permit, or have been convicted of reckless driving within one year prior to the date of the application for such permit, or have been convicted of any of these offenses three or more times within three years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within three years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex-related offense), or who has within three years prior to the date of the application for such permit been convicted of,been 20140814CityCouncilPacket Page 153 of 232 08/08/2014/jr1 on probation,parole, or served time on a sentence for a felony. A plea of nolo contendre to any of the offenses set out in this section shall be deemed a conviction; and (c) Be a citizen of the United States or an alien admitted for permanent who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services. (3) Fees; Before any license is granted under this article, the following fee(s) shall be paid by the applicant: (a) Background investigation fee. A background investigation fee in the amount of$10.00 shall be paid by the applicant upon application being made and prior to issuance of license; (b) A current 7 year M.V.R. is required at the time of the application and renewal. This is the responsibility of the license holder; and (c) A regulatory fee of as defined in Section 58-179; Regulatory Fee Schedule. 34-198. Issuance of operator's license. (1) The designated city official, shall determine whether issuance of an operator's license is warranted. (2) The operator must maintain a valid driver's license to continue operating a vehicle for hire. In the event the operator's license is suspended or expires, any license issued pursuant to this chapter shall immediately expire and be revoked. (3) Operator licenses are non-transferable. Any operator license issued under this article is not transferable from one driver to another, and is to be used solely by the person to whom it is issued. Any licensed driver shall notify the designated city official prior to beginning employment with another company. An operator may not utilize his or her operator's license with more than one person or entity licensed to operate pursuant to 34-194, unless the operator has separate operator licenses for each person or entity licensed to operate pursuant to 34-194. (4) Duration of license. The driver's license shall be in effect for twelve (12) months from the date of issue. Licenses may be renewed upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the license for the preceding period has been revoked or is suspended. (5) Photograph and Display of License. Before any operator's license is issued, the operator shall submit two passport style photographs to the designated city official. One photograph shall be attached permanently to the operator's permit for display in the vehicle at all times in which the applicant is the operator. The second photograph shall be filed for record by the designated city official. It shall be unlawful for any person willfully to alter, deface, obliterate, or destroy an operator's license or any notice displayed to passengers, or cause the same to be. 20140814CityCouncilPacket Page 154 of 232 08/08/2014/jr1 (6) If the licensed operator receives any legal citation for a moving violation or other traffic violation, including operating a motor vehicle while under the influence of intoxicating beverages or drugs, the licensed operator shall immediately notify the designated city official of such citation. 34-199. Penalty for operating without licensure. No vehicle shall be operated as a vehicle for hire upon the streets of the City unless such vehicle has been licensed under the provisions of this article for use as a vehicle for hire. The operator of any vehicle operating as a vehicle for hire without having a current valid operator's license for that vehicle shall be subject to a fine pursuant to Sec. 34-49. This paragraph shall not apply to a Taxicab or Vehicle for Hire licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island, and does not pick up and drop off passengers within the jurisdictional limits of the City of Tybee Island. 34-200. Operator identification. Each operator of a vehicle for hire in the City shall be issued an identification badge which shall either be worn around the neck of the operator while working as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the vehicle that the operator is operating. 34-201. Vehicle registration (1) If required by Georgia Law, prior to the use and operation of any vehicle as a taxicab under the provisions of this article, the owner of said vehicle shall secure and display on the vehicle a current Georgia license registration tag. (2) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers unless the vehicle has been registered with the designated city official as available for use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on the lower left portion of the front windshield, a sticker or other signifying marker, as so determined by the designated city official. If placement of the regulatory decal in this location is not feasible, the designated city official shall exercise discretion in determining placement of the decal. Violation of this section shall result in revocation of the applicant's license. 34-202. Vehicle Parking Location and Taxi Stands. Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire may not be parked on city property, including the roadways, parking lots and curbs for more than one (1) hour continuously, unless the driver is in the vehicle. At the discretion of the designated city official, vehicles for hire may be parked on city property for more than one (1) hour continuously during special events or when otherwise authorized by the designated city official. The designated city official shall have the authority to designate areas within the City of Tybee Island as Taxi Stands, subject to the limitation that one stand always be located within one hundred(100) feet of the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change, following ten (10) days written notice to all vehicle for hire companies that are then currently licensed under this ordinance. In addition, during the hours of 7:00 p.m. until 5:00 a.m., vehicles for hire may use areas within the City of Tybee designated as "Loading Zones" as 20140814CityCouncilPacket Page 155 of 232 08/08/2014/jr1 a place to load and unload passengers, subject to the same rules and time constraints that are in effect for each loading zone. Vehicles for hire may not be parked in areas designated by signage as "Vehicle for Hire: No Parking Zone" or similar language. 34-203. Indemnification. Any taxicab, tour service vehicle or vehicle for hire operating under this article shall hold the City harmless against any and all liability, loss, costs, damages, or expense which may accrue to the City by reason of the negligence, default, or misconduct of the company or operator in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City liable for damages because of any negligent act or omission or commission by any taxicab, tour service vehicle or vehicle for hire operating under this article, its servants, agents, drivers, or other employees, during the operation by the company of a taxicab, tour service vehicle or vehicle for hire business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained. 34-204. Liability insurance. (1) It shall be unlawful for any person to operate any taxicab, tour service vehicle or vehicle for hire upon the streets of the City unless the license holder shall, before the vehicle is placed in operation, file with the designated city official for each such vehicle a liability insurance policy for the injury of persons or property, a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a taxicab, or a self insurance certificate issued under State guidelines and regulated by the Insurance Commissioner of Georgia. Proof of insurance shall be kept in the vehicle and on file at City Hall. The minimum insurance coverage for any vehicle for hire covered under this ordinance shall be in accordance with Georgia State Law applicable to all automobiles and/or motor vehicles. Such indemnity insurance shall inure to the benefit of any person who is injured or who sustains damage to property caused by the negligence of a taxicab, tour service vehicle or vehicle for hire company or the operator, whether servant, agent, or independent contractor. (2) Blanket Policy; Any company or person operating a vehicle for hire in the City shall give a separate policy of indemnity insurance or certificate of self insurance for each separate vehicle, except where such company or person actually owns or holds legal title to more than one vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self insurance covering all the vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning vehicles who may be jointly operating or doing business under a licensed taxicab, tour service vehicle or vehicle for hire company name. The vehicle for hire company is responsible for ensuring that individual persons operating vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage. 20140814CityCouncilPacket Page 156 of 232 08/08/2014/jr1 (3) Proof of the original indemnity policy required shall be on file with the designated city official. (4) Each certificate of insurance submitted to the designated city official prior to the issuance of a license shall include, by endorsement to the policy, a statement that written notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. (5) Violation of this section shall result in revocation of the applicant's license. 34-205. Signs and Identifying Markings. (1) It shall be unlawful to operate in the City a taxicab or vehicle for hire unless the vehicle contains at least two signs measuring at least 12 inches in height by 18 inches in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of the operator or company and a telephone number where the vehicle's services may be procured. The signs may be painted on the vehicle or attachable, but must be in place at all times the vehicle is operated as or available for hire. The operation of a taxicab or vehicle for hire for transporting passengers which does not bear the signage required by this chapter shall result in revocation of the operator's license. (2) The requirements in subsection(1) of this section shall not apply to motorized carts,personal transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful to operate in the City as a taxicab or other vehicle for hire for transporting passengers unless the vehicle contains the words Taxi located on two opposing sides of the vehicle. The sign shall be in accordance with the sign regulations specifically enumerated in section(1) of this subsection, except where dimensions of the vehicle require a smaller sign. In addition, all of these vehicles must be in compliance with the requirements placed on motorized carts under this Code (Sec. 66-8). (3) A license to operate pursuant to 34-194 is non-transferable, and every sign on a taxicab or vehicle for hire must reflect the name of the entity or person licensed pursuant to 34- 194. 34-206. Citations for violations of Taxicab and Vehicle for Hire Ordinance. In addition to law enforcement, the designated city official, or other agents authorized by the City Council and Mayor, shall have the authority to cite or suspend vehicle operators and/or taxicab, tour service vehicles or vehicles for hire companies for violations of this ordinance. 34-207. Authority for removal from streets. The designated city official shall have the authority to remove from operation on the streets of the City any vehicle or operator which is in violation of this article and to prohibit operation of such vehicle until all deficiencies have been corrected. An order of the designated city official to remove a vehicle from the City streets may be appealed to the City Council. Until the appeal has been heard and ruled upon, the vehicle or operator ordered to be removed from service shall not be used for operations. 20140814CityCouncilPacket Page 157 of 232 08/08/2014/jr1 34-208. Speakers and Recorded Messages (1) It shall be unlawful to operate speakers outside any vehicle for hire within the city; speakers may be operated within the confines of vehicles for the sole benefit of the passengers within the confines. (2) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the vehicle for hire. (3) All activity associated with a tour, including but not limited to interaction with people, actors, other tours and props must be contained within the vehicle or method of conveyance (motor coach, bus, trolley, automobile, van, segways,bicycle, carriage, walking tours, etc.). 34-209. Soliciting passengers prohibited. It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly owned facility. (1) Unlawful solicitation occurs when a driver solicits passengers: (a) from a location other than the driver's compartment or the immediate vicinity of the driver's Vehicle for Hire; or (b) in a way that obstructs the movement of a person, or follows any person for the purpose of unlawful soliciting. (2) Anyone guilty of the offense of Soliciting passengers is subject to a fine or fines as specified in Chapter 42 -Fees for violations of Vehicle for Hire Ordinance. 34-210. Requirements on Motor Common or Contract Carriers. Any requirements specifically enumerated in this Section shall be cumulative, or in addition to any requirements placed on motor common or contract carriers by State or Federal Law. 34-211. Safe and Mechanical Operation. All taxicabs or vehicles for hire shall be maintained in a safe and mechanical condition, with all safety and pollution equipment required by law remaining intact through service and operation. This inspection shall be performed annually by the designated city official, and shall be an additional condition precedent to the issuance of a decal establishing registration under the ordinance pursuant to 34-202. 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 20140814CityCouncilPacket Page 158 of 232 08/08/2014/jr1 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 the 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 maybe 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybce/Ordinances/2014/48-A-2014 Sec Art 6 Opt B taxi and vehicles for hire 07.30.14 20140814CityCouncilPacket Page 159 of 232 08/08/2014/jrl MAYOR CITY MANAGER Jason Buelterman €�, Diane Schleicher CITY COUNCIL °9 CITY CLERK Wanda Doyle,Mayor Pro Tem < Janet LeViner Barry Brown Rob Callahan igty CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks ; `°` 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: August 14, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 13B-2014; Sec. 3-080(C)(5), City of Tybee Island, petitioner; consideration of residential driveway requirements Budget Line Item Number (if applicable): N/A Paper Work: Attache& '1 Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner%a7cityoftybee.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: First Reading 07/10/2014—City Council approved (vote 4-2) Date given to Clerk of Council: July 15, 2014 * * * P.Q.Box 2749-403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of , Ethics www.cityoftybee.org 20140814CityCouncilPacket Page 160 of 232 08/08/c1 /jrl ORDINANCE NO. 13B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 3-080(C)(5) REGARDING OFF-STREET PARKING REQUIREMENTS 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(C)(5), Off-street parking requirements, 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(C)(5) of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 3-080(C)(5), shall be amended so that hereafter it will read as follows: Sec. 3-080. - Off-street parking requirements. (C)(5) For water quality purposes, all newly constructed driveways 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. A new driveway includes the initial placement of any material on bare soil. Such new driveways and replacements of more than 50% of an existing driveway are subject to permitting and inspection(s). A permit and inspection(s) are also required for repair of less than 50% of an improved driveway, The retention requirement is based on a 24-hour, 25 year Tybee III SCS storm. A permit is required for installation of a new or replacement driveway. An inspection is required of each layer prior to the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by the city for review of materials, even when a material is not approved. Acceptable materials include: a. Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea gravel with no fines, or a combination of two or more. Graded aggregate base (also known as "crusher run or"crush and run") is not allowed. b. Standard brick pavers are 4-inch by 8-inch with minimum 5/64-inch average continuous joints/borders with eight 1/8-inch wide spacers per paver filled with masonry sand. See item (c) for base and header requirements. If larger bricks are used, thereby 20140814CityCouncilPacket Page 161 of 232 08/08/2014/jrl creating less linear joint and surface area joint, calculations by a Georgia licensed design professional must be reviewed and approved by the city. See engineering fee information in paragraph 1. c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described in the Coastal Stormwater Supplement (CSS) through which stormwater runoff can rapidly pass into the underlying reservoir of a 4-inch minimum depth open-graded stone, no fines. Openings may be filled only with pea gravel or larger stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a maximum width of 8-inches must be installed around the perimeter of the pavers. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Flush headers and ribbons are included in the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered with adequate top soil, and seeded or sodded to facilitate vegetation. d. Ribbon driveway designs are normally constructed of concrete but other materials may be considered. The ribbons are to be a maximum of 18-inches wide with a 1%-2% cross slope to route runoff to adjacent pervious areas rather than down the strips to the street. The area between the strips may be either grass or stone as described in item (a). The area between the drive strips is to be flush or 1/8-inch below the driving strip to encourage the percolation of stormwater runoff between the driving strips. e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass through large openings that are filled with pea gravel, sand or topsoil and turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12-inches (flush or 1/8-inch higher than the contained permeable pavement) must be installed around the perimeter of the permeable pavement. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Header and ribbons are included in the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered with adequate top soil, and seeded or sodded to facilitate vegetation. f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil and turf. A header curb is required and is included in the driveway measurement. g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in structure and form, but consists of a special open-graded surface course, typically 4-to 8-inches thick, that is bound together with portland cement. h. Porous asphalt is similar to pervious concrete, and consists of a special open- graded surface course bound together by asphalt cement. For all other proposed materials, calculations are required from a Georgia licensed design professional demonstrating compliance with the retention requirement of this ordinance. 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 20140814CityCouncilPacket Page 162 of 232 08/08/2014/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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/13B-2014 Sec 3-08005 driveways 03.18.14 (changed by planning commission) 20140814CityCouncilPacket Page 163 of 232 08/08/2014/jr1 MAYOR n CITY MANAGER Jason Buelterman e O Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks i �s 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: August 14, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 34-A-2014; Sec. 6-080(K), Murals or Scenes; City of Tybee Island, petitioner; consideration of sign regulations Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* Al 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: 06/17/2014—Planning Commission approved with changes (vote 3-2) 07/10/2014—First Reading—City Council approved (vote 6-0) Date given to Clerk of Council: July 15, 2014 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* 866 786-4573—FAX(866) 786-5737 , City of ( ) � Ethics 1✓F www.cityoftybee.org -tax, 20140814CityCouncilPacket Page 164 of 232 08/1012117147`trl Section 6-080. Design Standards. (K) Murals or scenes. Commercial establishments located within the C-2 district,the Neighborhood Grocery Store district, and the South End Overlay District may produce and display murals with depictions of appropriate scenes on commercial buildings,structures, fences, or walls.The use of such murals and scenes and their display is to be promoted and, in the absence of vulgar, obscene, or lewd displays, should presumptively be permissible.The standards of Section 6-070 are applicable. If illuminated it shall be as required by Section 6-080(A).The murals or scenes must be hand-designed and must be painted by hand when installed.The applicant and/or the property owner may not receive compensation for the mural or scene.The Main Street Design Committee shall review requests and provide recommendations to the Main Street Board of Directors. Following review by the Main Street Board of Directors all requests are subject to review and approval by the Planning and Zoning Department.A permit is required prior to installation.The permit fee is$75. 07/14/2014 20140814CityCouncilPacket Page 165 of 232 08/08/2014/jrl ORDINANCE NO. 34-A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO SEC. 6-080, DESIGN STANDARDS, TO PERMIT MURALS OF APPROPRIATE SCENES IN THE COMMERCIAL DISTRICTS OF THE CITY, TO ESTABLISH AN EFFECTIVE DATE, TO REPEAL INCONSISTENT ORDINANCES AND FOR OTHER PURPOSES 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 City is working through its Main Street Program with the Main Street Design Committee to assist with guidelines for murals and scene depictions on commercial buildings, structures, fences, or walls; and WHEREAS, an enabling ordinance is appropriate; and WHEREAS, the City of Tybee Island desires to amend the ordinances including the sign ordinances of the City of Tybee Island so as to permit murals with depictions of appropriate scenes in the commercial districts of the City and to establish an effective date, to repeal inconsistent ordinances, and for other purposes; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Land Development Code for the City is hereby amended so as to add a new subsection to be designated as Section 6-080(K), Murals of appropriate scenes, which will provide as follows. SECTION 1 Section 6-080 is hereby amended to add a new subsection (K) thereto and it shall hereafter read as follows: Sec. 6-080. Design standards. (K) Murals of appropriate scenes. Commercial establishments located within the C-2 district, the Neighborhood Grocery Store district, and the South End Overlay district may produce and display murals with 20140814CityCouncilPacket Page 166 of 232 08/08/2014/jr1 depictions of appropriate scenes on commercial buildings, structures, fences, or walls. . The use of such murals and scenes and their display is to be promoted and, in the absence of vulgar, obscene, or lewd displays, should presumptively be permissible. The standards of Section 6-070 are applicable. If illuminated, it shall be as required by Section 6-080(A). The murals must be hand-designed and must be painted by hand when installed. The applicant and/or the property owner may not receive compensation for the mural or scene. The Main Street Design Committee shall review requests and provide recommendation to the Main Street Board of Directors. Following review by the Main Street Board of Directors, all requests are subject to review and approval by the Planning and Zoning Department. A permit is required prior to installation. The permit fee is $75.00. 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. 2 20140814CityCouncilPacket Page 167 of 232 08/08/2014/jr1 ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING. _ SECOND READING: ENACTED: Tybee/Ordinances/2014/34-2014 Sec 6-080(K)murals 06.05.14 Tybee/Ordinances/2014/34-2014 Sec 6-080(K)murals—chgd by PC—06.24A4 Tybee/Ordinances/2014/34-A-2014 Sec 6-080(K)murals—chgd by council—07.11.14 3 20140814CityCouncilPacket Page 168 of 232 08/08/2014/jr1 MAYOR ,l�y ': CITY MANAGER Jason Buelterman _ Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY - Bill Garbett Edward M.Hughes Monty Parks i1 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: August 14, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 37-A-2014; Sec. 5-140(I), Minor Subdivision Plat Approval Procedure; City of Tybee Island, petitioner; consideration of minor subdivision procedures Budget Line Item Number (if applicable): N/A Paper Work: 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: 06/17/2014—Planning Commission approved (vote 5-0) 07/10/2014—City Council approved with change to 60 days (vote 6-0) Date given to Clerk of Council: July 15, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of Ethics I www.cityoftybee.org *Ix 20140814CityCouncilPacket Page 169 of 232 087*8,Cmjrl ARTICLE 5.PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT Sec. 5-070. Standards for special review. (D)Permit longevity. If a building permit or other preparations or conditions are required prior to implementing special review approval granted by the mayor and council such permitting or other preparations or conditions must occur within 12 months from the date of special review approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by planning commission and mayor and council. In the event of a hardship or other extenuating circumstance the permit holder may apply to the designated city official for a one-time extension of permit approval. Permit extensions may not be approved in extenuating circumstances for a period of no more than 180 days. Should the permit not be exercised in the extension period it will expire. Sec. 5-080. Site plan approval. (C)Site plan longevity.After a site plan has been approved by the mayor and council it shall be valid for a period of 18 months from the date of approval. If a building permit is not issued within said 18 months, an extension of up to 90 days may be issued with the approval of the building and zoning department. In the absence of an extension or at the end of an extension,if a building permit has not been obtained, the site plan approval shall be void and a new application must be submitted for site plan approval. For site plans approval prior to the effective date of this amendment, such plans shall be valid for 18 months from the effective date hereof and if no building permit is issued during that 18 months or a 90-day extension obtained, a new application for site plan approval must be submitted and the prior site plan approval shall be void. See. 5-090.Variances. (C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by the mayor and council. Sec.5-130. Major subdivision plat procedure. (C)Time limit on preliminary approval. The mayor and council's approval of a preliminary plan shall be valid for one year. If work has not started on a subdivision which has been granted preliminary plan approval on or before the end of this one-year period, then the plan of such subdivision shall be resubmitted for preliminary approval; provided, however, that this time may be extended unless changes have occurred in this article, or in the character of the property surrounding the property of the proposed subdivision which make it necessary to revise the design of the proposed subdivision as determined by the mayor and council. Sec.5-140. Minor subdivision plat approval procedure. (I) Time limit on minor subdivision plat approval. The mayor and council's approval of a minor subdivision plat shall be valid for 45 60 calendar days from the date of approval. If the plat has not been recorded with Chatham County Superior Court on or before the end of the 4-5 60 calendar day period, then the plat shall be resubmitted for consideration. 07/1512014 Page 1 20140814CityCouncilPacket Page 170 of 232 08/08/2014/jr1 ORDINANCE NO. 37-A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO SEC. 5-140, MINOR SUBDIVISION PLAT APPROVAL PROCEDURE, 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 desires to amend Section 5-140, Minor subdivision plat approval procedure, to add a subsection (I), Time limit on minor subdivision plat approval, to establish such time limit and for other purposes; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances for the City is hereby amended so as to add a new subsection to be designated as Section 5-140(I), Time limit on minor subdivision plat approval, which will provide as follows. SECTION 1 Section 5-140 is hereby amended to add a new subsection (I) thereto and it shall hereafter read as follows: Sec. 5-140. Minor subdivision plat approval procedure. (I) Time limit on minor subdivision plat approval. The mayor and council's approval of a minor subdivision plat shall be valid for 60 calendar days from the date of approval. If the plat has not been recorded with Chatham County Superior Court on or before the end of the 60 calendar day period, then the plat shall be resubmitted for reconsideration. 20140814CityCouncilPacket Page 171 of 232 08/08/2014/jr1 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 , 2014. MAYOR A fl ST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/37-2014 Sec 5-140 time Imt 06.24.14 Tybee/Ordinances/2014/34-A-2014 Sec 5-140 time Imt—chgd by council—07.11.14 2 20140814CityCouncilPacket Page 172 of 232 08/08/2014/jr1 MAYOR _ 4 CITY MANAGER Jason Buelterman . Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown ,. Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks -41.1)44 I 4' 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: August 14, 2014 Item: Second Reading Explanation: Ordinance 38-2014; Map Amendment & Text Amendment—Cedarwood Dr.; PIN 4-0002-18-011; Hendrickson &Flaby, owners; City of Tybee Island, petitioner; consideration of rezoning one parcel from P-C to R-1 PIN Address Current Zoning Amended Zoning 4-0002-18-011 Cedarwood Dr. P-C R-1 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) 472-50311 dotto @cityoftybee.org Comments: 06/17/2014—Planning Commission approved (vote 5-0) 07/10/2014—First Reading; City Council approved (vote 6-0) Date given to Clerk of Council: July 15, 2014 * * * 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.cityoftybee.org 20140814CityCouncilPacket Page 173 of 232 087 /iiP rl ORDINANCE NO. 38-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO ARTICLE 13 OF THE LAND DEVELOPMENT CODE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island,Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers,and WHEREAS, the City of Tybee Island desires to amend Article 13 of the Land Development Code so that the properties described herein are designated for clarification and rezoning in order to correct the status of certain properties and in order to ensure that the properties comport with their current use and the overall plan of the city; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the zoning map is amended and the test is hereby amended so that the following properties are changed from their current zoning as reflected on the table below as follows: Sec. 13-017. PIN ADDRESS CURRENT ZONING AMENDED ZONING 4-0002-18-011 Cedarwood Drive P-C R-1 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 20140814CityCouncilPacket Page 174 of 232 08/08/2014/jr1 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/38-2013—Art 13 zoning map amend Cedarwood 06.24.14 20140814CityCouncilPacket Page 175 of 232 08/08/2014/jr1 ORDINANCE NO. 41-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 12-1(a)(9)REGARDING SURFBOARDING AND FISHING FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO PROVIDE A NEW EFFECTIVE DATE 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 amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 12-1(a)(9), surfboarding and fishing, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 12-1(a)(9) and that the Code shall be amended as hereinafter provided. SECTION 1 Section 12-1(a)(9) is hereby amended and it shall hereafter read as follows: Sec. 12-1. Use of municipal beaches and facilities. (a) Rules and regulations. (9) Surfboarding and fishing. Surfboarding and fishing shall be permitted only in designated areas. No person shall operate a surfboard/paddle board unless it is equipped with an appropriate leash which is used at all times. No person shall fish except in areas designated for such purposes. Fishing is prohibited within the 60-foot right-of-way on Alley #3 Back River boat ramp. 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 20140814CityCouncilPacket Page 176 of 232 08/08/2014/jr1 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/41-2014 Sec 12-1(a)(9)leashing of surfboards 07.07.14 20140814CityCouncilPacket Page 177 of 232 08/08/2014/jr1 MAYOR i CITY MANAGER Jason Buelterman �'Y Diane Schleicher lJ CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks °ro ' � 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: August 14, 2014 Item: Second Reading Explanation: Text Amendment Ord. 39-C-2014; Sec. 3-090.1, Buffer Ordinance; City of Tybee Island, petitioner; consideration of buffer regulations Budget Line Item Number (if applicable): N/A Paper Work: L 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: City Council approved First Reading with changes on July 10, 2014. The vote was 4-2. Date given to Clerk of Council: August 7, 2014 * * * P.O. 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 ���,`` `/L��� 20140814CityCouncilPacket Page 178 of 232 0870 R1t#irl Ord , 3q - 2314 MAYOR "�` CITY MANAGER Jason Buelterman r W Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown i..e;, Rob Callahan ` CITY ATTORNEY Bill Garbett f� Edward M.Hughes Monty Parks '' u `s. Paul Wolff 7oort061� CITY OF TYBEE ISLAND Description: Amendment to the adopted codes Ordinance: Section 3-090.1 Buffer Ordinance Zoning Action Requested: Text Amendment— FIRST READING Following any required Public Hearing, the Mayor and Council of the City decided on the 10TH day of July, 2014, that the request for Text Amendment was APPROVED with changes. CIj • .,t 0 A....A,..$) D kb) 17—R —(4- Planning and Zoning Manager Date,/ M or Date iC --e-----e--- 2 -- / ( - 1 (/` rk of Council Date P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 (912) 786-4573—Vt F fAto4 2X(e912) 786-5737 20140814CityCouncilPacket www gL97SPrg 08/08/2014/jrl ai _ o r ,II 1 zil PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: June 17, 2014 Project Name/Description: Section 3'b?D,I , Buffer Ordinance 0rci. 31 '2.0I4 Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zonin. 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 Bossick Absent Bramble X Livingston X Major X _ Motion to approve with changes Marion _ Chair McNaughton X The Planning Commission recommends: 1 Approval ❑ Denial ❑ Continued Planning Commission Ch. , Date: L ` t ,, t Planning & Zoning Manager: ,,,�} Q-K A D Date: O1n-tg•(+ 20140814CityCouncilPacket Page 180 of 232 08/08/2014/jrl ORDINANCE NO,39-C-2014 _- {Formatted:Highlight AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND,GEORGIA AND IN PARTICULAR THE LAND DEVELOPMENT CODE SO AS TO CREATE A SETBACK AND/OR BUFFER FROM STREAMS,LAKES,COASTAL MARSHLANDS AND FRESHWATER WETLANDS AND SPECIFYING PERMISSIBLE DEVELOPMENT ACTIVITIES WITHIN THE BUFFLRS AND PROHIBITING CERTAIN ACTIVITIES IN SUCH BUFFER OR SETBACK ZONES, TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES 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 the planning and zoning;and WHEREAS, this ordinance establishes buffer zones for streams, lakes, coastal marshlands, and freshwater wetlands, as well as the requirements that minimize land development within those buffers. It is the purpose of these buffer zone requirements to protect and stabilize stream banks, prevent sedimentation of coastal water resources, protect water quality for important nursery areas for fisheries,and preserve aquatic and riparian habitat;and WHEREAS, the Georgia Constitution of 1983,Article IX, §II, 161V,places the power of planning and zoning in local government and, therefore, this ordinance is adopted pursuant to such power as it contributes to aesthetics, density regulation and health benefits and Article IX, §II,4111;and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances for the City is hereby amended so as to create a new section to be Section 3-090.1 as follows: 20140814CityCouncilPacket Page 181 of 232 08/08/2014/jr1 SECTION 1 Section 1.Intent and Purpose 1) The rivers,streams,wetlands,and coastal marshlands constituting the riparian lands of the City of Tybee Island are a significant natural resource and are essentially linked to Tybee Island's economy.The City Council recognizes that these lands provide numerous benefits and are vital to the health,safety,and economic welfare of its citizens.The City Council finds that buffers adjacent to these lands provide substantial benefits including: a) Minimizing activities that degrade,destroy,or otherwise negatively impact the value and function of coastal marshlands; b) Maintaining stream and river water quality; c) Trapping sediment and other pollutants found in surface runoff; d) Promoting bank stabilization and reducing erosion; e) Protecting terrestrial coastal habitat for nesting and feeding wildlife; f) Reducing the impact of flooding by increasing floodwater storage areas; g) Enhancing the marshlands' scenic value and recreational opportunities; h) Protecting property values of individual landowners;and, i) Protecting and restoring greenspace and the natural character of the coastal region;and j} Protecting important nursery areas for fisheries,which provide food and habitat to numerous species of fish and shellfish,including commercially important species. 2) It is therefore the purpose and intent of this ordinance to establish a coastal riparian buffer zone of restricted development and limited land use adjacent to coastal streams, rivers,marshes,and wetlands.The purposes of this coastal riparian buffer zone are to: a) Protect the public health,safety,environment,and general welfare of the citizens of Tybee Island; b) Minimize public and private land loss due to erosion,sedimentation,and water pollution; c) Maintain water quality for human use and for protecting the important nursery areas for fisheries,which provide food and habitat to numerous species of fish and shellfish,including commercially important species; d) Protect terrestrial coastal habitat for nesting and feeding wildlife; e) Reduce the impact of flooding by increasing floodwater storage areas; f) Protect the natural and native vegetation in the zone; g) Protect the coastal region's visual character and unique natural resources;and, h) Avoid land development within such buffers by establishing buffer zone requirements and by requiring authorization for any land disturbing activities. 3) The standards and regulations set forth in this ordinance are created under the authority of the City of Tybee Island"s Home Rule and zoning powers defined in Article IX,Section 2 of the Georgia Constitution. 2 20140814CityCouncilPacket Page 182 of 232 08/08/2014/jrl Section 2.Definitions "Access path"means a pervious path designed,constructed,and maintained pursuant to applicable best management practices that provides for access to water-dependent uses through the buffer and takes the route that impacts the natural vegetation of the buffer to the least extent possible. "Buffer encroachment permit"means the permit issued by the City of Tybee Island and required to undertake certain buffer encroaching activities as described in Section 4 herein. "Coastal marshland"or"marshland"means any marshland intertidal area,mud flat,tidal water bottom,or salt marsh within the estuarine area of the City of Tybee Island whether or not the tidewaters reach the littoral areas through natural or artificial watercourses. "Vegetated marshlands"shall include those areas upon which grow one,but not necessarily all,of the following:salt marsh grass(Spartina alterniflora),black needlerush(Juncus roemerianus),saltmeadow cordgrass(Spartina patens),big cordgrass(Spartina eynosuroides),saltgrass(Distichlis spicata),coast dropseed(Sporobolus virginicus),bigelow glasswort(Salicornia bigelovii),woody glasswort(Salicornia virginica),saltwort(Basis maritima),sea lavender(Limonium nashii),sea oxeye(Borrichia frutescens),silverling (Baccharis halimifolia),false willow(Baccharis angustifolia),and high-tide bush(Iva frutescens).The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof.Coastal Marshlands Protection Act,O.C.G.A.§ 12-5-282. "Coastal riparian buffer"or"buffer"means,on any given parcel of land,a natural or enhanced vegetated area of riparian land lying adjacent to a stream,pond,impoundment, wetland,or coastal marshland. "Estuarine area"means all tidally influenced waters,marshes,and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below.Coastal Marshlands Protection Act,O.C.G.A. §12-5-282. "Impervious cover"means a surface composed of any material that greatly impedes or prevents the natural infiltration of water into soil.Impervious surfaces include,but are not limited to,rooftops,buildings,streets and roads,except those designed specifically to allow infiltration. "Impoundment"means any lake,pond,or other body of freshwater. "Land disturbing activity"means: (1)any installation of impervious cover;or(2)any grading,scraping,excavating or filling of land. "Land disturbance permit"means the permit issued by the City of Tybee Island pursuant to the Georgia Erosion and Sedimentation Control Act and required for undertaking any land disturbing activity. 3 20140814CityCouncilPacket Page 183 of 232 08/08/2014/jr1 "Littoral area"means the tidal area between the high water and low water marks. "Minor land disturbing"means activities such as home gardens and individual home landscaping,repairs,maintenance work,fences,and other related activities which do not result in any soil erosion as defined in the current version of the Minor Land Disturbing Guidelines issued by the Georgia Department of Natural Resources. Such minor land disturbing activities may not result in total disturbance of more than 100 square feet. "Native vegetation"means vegetation that is naturally found in the area. "Person"means any individual,partnership,firm,association,joint venture,public or private corporation,trust,estate,commission,board,public or private institution,utility,cooperative, state agency,municipality or other political subdivision of this State,any interstate body or any other legal entity. "Riparian land"means any land along the edge of a lake,stream,river.marsh,wetland, coastal marshland,pond or impoundment. "Wetland"means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support,and that under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil.Ga.Comp. R. &Regs.r.391-3-16-.03(2006). Section 3.Applicability This ordinance shall apply to all land disturbing activity on property containing or adjacent to coastal marshland or wetlands.These requirements are in addition to,and do not replace or supersede,any other applicable buffer requirements established under state law.Approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under state law or from other applicable local,state or federal regulations. Best management practices shall be required for all land disturbing activities.Proper design, installation,and maintenance of best management practices shall follow the design specifications contained in the"Manual for Erosion and Sediment Control in Georgia" published by the State Soil and Water Conservation Commission as of January 1 of the year in which the land disturbing activity was permitted. 3.1.Grandfather Provisions This ordinance shall not apply to the following activities: 1) Existing development and land disturbance activities as of , 2014, except that new development or new land disturbing activities on such properties will be subject to all applicable buffer requirements. 4 20140814CityCouncilPacket Page 184 of 232 08/08/2014/jr1 2) Any land disturbing activity that is scheduled for permit approval or has been submitted for approval as of ,2014. 3) Land disturbing activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development and that has been previously approved within one year of ,2014. After ,2014,this Ordinance shall apply to all new subdividing and platting activities. 3.2.Exemptions The following specific activities are exempt from this Ordinance: 1) Public sewer line easements paralleling the stream, lake, impoundment, wetland, and/or coastal marshlands, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the mean high water line in coastal marshlands and wetlands or the top of the bank for streams,lakes, and impoundments.This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed to allow the construction of roads, bike paths, or other transportation routes in such easements,regardless of the type of paving material used. 2) Land disturbing activities by governments within a road right of way existing at the time this ordinance takes effect, or approved under the terms of this ordinance. Development activities are only allowed if they cannot reasonably be located outside the buffer. 3) Land disturbing activities within utility easements existing as of the effective date of this ordinance or approved under the terms of this ordinance when necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. 4) Emergency maintenance and repairs necessary to preserve life and/or property.However, when emergency work is performed under this section, the person performing it shall report such work to the City of Tybee Island as soon as possible and within 24 hours of the commencement of the work. Within ten (10) days thereafter, the person shall apply for a variance and perform such work within such time period as may be determined by the City of Tybee Island to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area. 5) Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses, provided these activities are not incidental to other land disturbing activity and are conducted using applicable best management practices. If such activity results in land disturbance in the buffer that would otherwise be prohibited,no land 5 20140814CityCouncilPacket Page 185 of 232 08/08/2014/jr1 disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer. 6) Stream crossings for water lines or stream crossings for sewer lines,provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented. 7) Such minor land disturbing activities as home gardens and individual home landscaping, repairs, maintenance work,fences, and other related activities which do not result in any soil erosion as defined in the current version of the Minor Land Disturbing Guidelines issued by the Georgia Department of Natural Resources. Such minor land disturbing activities may not result in total disturbance of more than cumulative 100 square feet per parcel. 8) Pruning and selective clearing is permissible to maintain a viewshed provided such activities do not disturb more than 30% of the buffer's length as measured along the landward edge of the marshlands,and no trees above 6 inches in diameter are removed. 9) Activities for the purpose of constructing public water supply intake or public wastewater outfall structures, when designed, constructed, and maintained using applicable best management practices. 10)Activities to restore and enhance stream bank stability,vegetation,water quality, and/or aquatic habitat,when designed,constructed,and maintained pursuant to applicable best management practices. 11)Any trimming or pruning of vegetation for the purpose of creating a keyhole view corridor and/or access path and conducted in accordance with applicable best management practices.This exemption shall not allow for the removal of trees. 12)Creation of an access path to water-dependent uses through the buffer when designed, constructed,and maintained pursuant to applicable best management practices. 13)Structural maintenance and repair(not replacement or enlargement)of any damaged structure that existed in the buffer as of the effective date of this ordinance,provided the repair is less than fifty(50)percent of the value of the structure,as determined by a local building inspector and is constructed and designed pursuant to applicable best management practices. Section 4.Standards and Regulations All land disturbing activity that is not exempt from this Ordinance pursuant to subsection 3.2 above shall meet the following requirements: 6 20140814CityCouncilPacket Page 186 of 232 08/08/2014/jr1 1) A buffer shall be maintained for a minimum of 25 feet along both banks of streams and along all impoundments, as measured from the top of the bank of the stream or impoundment.All land disturbing activity is prohibited within the 25-foot buffer unless a variance or buffer encroachment permit is granted. 2) A buffer shall be maintained for a minimum of 25 feet along all coastal marshlands, measured horizontally from the estuarine area. All land disturbing activity is prohibited within the 25-foot buffer unless a variance or buffer encroachment permit is granted. 3) A buffer shall be maintained for a minimum of 25 feet along all wetlands as measured from the inland edge of the wetland. All land disturbing activity is prohibited within the 25 -foot buffer unless a variance or buffer encroachment permit is granted pursuant to Section 5 or Section 7. 4) No septic tanks or septic tank drain fields shall be permitted within the buffer. 5) The establishment of a manicured lawn shall not be permitted in the buffer. 6) The application of pesticides shall not be permitted in the buffer. Section 5.Buffer Encroachment Permit 5.1 General 1) No person shall conduct any land disturbing activity within the coastal riparian buffer without first obtaining a buffer encroachment permit from the City of Tybee Island to perform such activity. 2) Buffer encroachment permits may be issued by the City of Tybee Island,if the land -{Deleted:only disturbing activity constitutes construction of a porch,deck,boardwalk,or similar structure that is an accessory use to a residential dwelling,constructed and designed in accordance with applicable best management practices. In the case of construction of a structure to be located outside the buffer,an encroachment permit of no more than 10 feet may be granted for construction purposes. All disturbed areas must be restored to a natural state. 3) The following factors will be considered in determining whether to issue a permit: a) whether the buffer encroachment will result in a reduction of the quality of the water exiting the parcel,or a diminishment of a uniform coastal marshland scenic vista; b) whether the proposed development in the buffer will be conducted in accordance with all design guidelines, low impact development techniques, and other applicable best management practices; c) whether the proposed intrusion into the buffer is the minimum intrusion necessary to accomplish the purpose of the intrusion; d) whether a feasible alternative design exists that would result in no intrusion into the buffer; 7 20140814CityCounciIPacket Page 187 of 232 08/08/2014/jrl r5.2 Application Requirements and Procedures _ -{Deleted: Page Break {Formatted:Highlight J 1) The application for a buffer encroachment permit shall be submitted to the City of Tybee ,{Deleted:• Island and must include the following: ;' �rmatteei:Highlight a) A site plan showing: ' ii),The location of all riparian lands on or immediately adjacent to the ., ;''�Deleted: „ {Formatted:Highlight property;,(iitldentification of any streams found on the Clean Water Act§303(d)list ," ',,{Deleted:• that are adjacent to the Formatted:Highlight Boundaries of the riparian buffer,as described by Section 4 of this ,t' Deleted:• Ordinance,on the property; ,,, Highlight Liv),Buffer zone topography with contour lines at no greater than five(5)-foot _7 Deleted:• contour intervals; Formatted:Normal,Indent:Left: 0.5", No (v),Delineation of forested and open areas in the buffer zone;and, ;',,' bullets or numbering ,{vilDetailed plans of all proposed land development and land disturbing _-{Formatted:Highlight i activity on the site ) A description of any potential development impact on the J ' Deleted:• buffer and how it will be avoided; - Deleted:1 c) Any other documentation that the City of Tybee Island may reasonably deem Formatted:Highlight necessary for review of the application and to insure that the coastal riparian buffer Formatted:Highlight ordinance is addressed in the approval process;and +d) Payment of the ,fee of $ 50.00,, ,This fee will be forfeited if the project is _ f,_ Formatted:Highlight subsequently abandoned. �,.. ndeted:application ,, Formatted:Highlight 1 2) The coastal riparian buffer shall be clearly delineated on all development plans and plats , I Deleted: submitted for buffer encroachment permit approval, and buffer limits must be staked in (Formatted:Highlight j the field in a manner approved by the City of Tybee Island before and during Deleted:All buffer areas must be recorded on the construction with posted signs that describe allowable activities.Buffer boundaries shall final Plat of the property following plan approval be printed on all development and construction plans,plats,and official maps. Formatted:Highlight ,,' Formatted:Highlight J 3) ,_ The applicant must pay the appropriate permit fee as provided in the Fee Schedule as ,' Deleted:e#>Within[ten(l0)]working days of adopted by the mayor and council and on file with the clerk of council department t application for a permit,ntl [hall revs Il y >L department or public works department]shall review it for completeness and notify the public of the application by placing a notice[on its website or in a • local newspaper].If the[planning department or public works department]finds that the application is 4) 3) In the event the designated city officials) ,determines that all requirements for s send to the it lica t within such o[ten pec]day period, in , send to the applicant a notice of the specific ways in approval have not been met, it shall promptly notify the applicant of such fact and shall `, which the application is deficient,with appropriate , references to the applicable sections of this automatically deny the permit. ordinance.5 . Deleted:<#>The[planning department or public 5) 4)An individual whose permit application has been denied or a permittee whose permit works department]shall process all buffer has been revoked may appeal the decision of the designated city official(s),Io the City encroachment permit applications within[thirty(30)] 5 business days of the[planning department or public Council provided that they file written notice of an appeal with the City Clerk within works department]'s actual receipt of a completed fifteen (15),,business days of the City of Tybee Island's decision. Such appeal shall be application and a permit fee.The[planning department or public works department]shall give considered by the City Council at the next regular meeting held after the city's receipt of `t '. notice to the applicant of its decision by hand the written notice of appeal, provided that notice of appeal is received by the City `delivery or by mailing a notice,by Certified? Council a minimum of ten full business days before the meeting. In the event an Deleted:[planning department or public r z individual whose permit has been denied or revoked is dissatisfied with the decision of Deleted:[planning department GI public n i31 (Deleted:[fifteen(15)] 8 20140814CityCouncilPacket Page 188 of 232 08/08/2014/jr1 the City Council,they may petition for writ of certiorari to the Superior Court as provided by law. I 6) 5)The designated city official(s),shall inspect each lot for which a permit for a new land -- Deleted:[planning deparment or public works disturbing activity or for modification of an existing land disturbing activity is issued. department] This inspection shall occur on or before six months from the date of issuance of such _---(Deleted:[sex months] permit. a) If the land disturbing activity is not complete within six months from the date -{Deleted:[six months) of issuance,the permit shall lapse and become void.No refunds will be made for permit fees paid for permits that expired due to failure to engage in the Iand disturbing activity.If later,an individual desires to continue land disturbing activities at the same location,a new application must be processed and another fee paid in accordance with the fee schedule applicable at such time. b) If the land disturbing activity is substantially complete,but not in full compliance with this ordinance the designated city official(s),shall Lve the applicant [planning department or public works notice of the deficiencies and shall allow an additional thirty days from the date of department] inspection for the deficiencies to be corrected.If the deficiencies are not corrected by - Deleted:[thirty days] such date,the permit shall lapse and become void. Section 6.Inspection The designated city official(s)pr its authorized representative may inspect ongoing work in -Deleted:[planning department or public works the buffer to be made periodically during the course thereof and shall make a final inspection departmenl] following completion of the work.The landowner shall assist the designated city official(s) pr authorized representative in making such inspections.The designated city official(s) ,shall Deleted:[planning deparimeat or public works have the authority to conduct such investigations as it may reasonably deem necessary to aeparrmen,] carry out its duties as prescribed in this Ordinance,and to enter at a reasonable time upon any Deleted:[planning departneem or public works department] property,public or private,for the purpose of investigating and inspecting the sites of any land disturbing activities within the buffer protection area. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection,and who presents appropriate credentials,nor shall any person obstruct,hamper or interfere with any such representative while in the process of carrying out official duties. Section 7.Variance Procedure Variances from the above buffer requirements may be granted in accordance with the following provisions: 1) Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography, or other existing physical condition prevents land disturbing activity consistent with this ordinance, and such land disturbing activity cannot be authorized through issuance of a buffer encroachment permit, the City of Tybee Island may grant a variance that shall allow a reduction in buffer width only to the extent necessary to provide relief from the conditions which prevented land disturbing activity on the parcel, 9 20140814CityCouncilPacket Page 189 of 232 08/08/2014/jr1 provided adequate mitigation measures are implemented by the landowner to offset the effects of such variance. 2) Variances shall not be considered when: a) following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property;or b) the owner previously applied for a buffer encroachment permit that was denied by the City of Tybee Island. 3) Except as provided above, the City of Tybee Island shall grant no variance from any provision of this ordinance. 4) When a public hearing on the application for a variance is conducted, the City of Tybee Island shall give_public notice of each such public hearing in a newspaper of general circulation within the City of Tybee Island. The City of Tybee Island shall post a sign __-{Deleted:require that the applicant giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way. 5) At a minimum, a variance request shall include the following information: a) A site map that includes locations of all streams, wetlands, coastal marshlands, floodplain boundaries,and other natural features,as determined by field survey; b) A description of the shape,size,topography,slope,soils,vegetation,and other physical characteristics of the property; c) A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover,the limits of all existing and proposed land disturbance both inside and outside the buffer; d) The exact area of the buffer to be affected shall be accurately and clearly indicated; e) Documentation of the inability to develop the property without a variance; 1) Documentation that shows how buffer encroachment will be minimized to the greatest extent possible; g) Documentation that shows how the buffer encroachment will not result in reduction of water quality or diminishment of a uniform coastal marshland scenic vista h) At least one alternative plan or an explanation of why such a plan is not possible:, _-- Deleted:At least one alternative plan,which does i) A calculation of the total area and length of the proposed encroachment; not include anati a hatter encroachment,of p an explanation et why such a plan is not passible; j) A stormwater management site plan,if applicable;and, k) A proposed mitigation plan designed pursuant to applicable best management practices that offsets the effects of the proposed encroachment.If no mitigation is proposed,the application must include an explanation of why none is being proposed. ➢ Acceptable mitigation might include restoration and/or enhancement and protection of a degraded area of coastal riparian buffer on an adjacent or nearby property. {Deleted:application 1) Payment of the„variance fee of$200.00,for a residential project or$500.00 for a LFarmatted:Highlight Deleted: commercial projects { -- -I Formatted:Highlight Deleted:. 10 20140814CityCouncilPacket Page 190 of 232 08/08/2014/jr1 6) The following factors will be considered in determining whether to issue a variance: a) Whether the requirements of the riparian buffer represent an extreme hardship for the landowner, such that little or no reasonable economic use of the land is available without the reduction of the width of the riparian buffer; b) Whether actions of the landowner of a given property have created conditions of a hardship on that property; c) The size,shape,topography, soils,vegetation and other physical characteristics of the property that may prevent land development; d) The location and extent of the proposed buffer encroachment; e) Whether alternative designs are possible which require less or no intrusion; f) The long-term water-quality impacts of the proposed variance; g) The water quality impacts of any construction that the granting of the variance would allow in the buffer; h) Whether the issuance of a variance and the completion of the applicant's proposal will unreasonably interfere with the conservation of fish,shrimp,oysters, crabs,clams,or other marine life,wildlife,or other resources,including but not limited to water and oxygen supply; and i) whether the proposed development in the buffer will be conducted in accordance with all design guidelines,low impact development techniques,and applicable best management practices. Section 8.Compatibility with Other Regulations and Requirements _-- Deleted:If a variance issued by the Director is - - - acceptable to the issuing authority,the variance shall be included as a condition of permitting and This ordinance is not intended to interfere with,abrogate,or annul any other ordinance,rule therefore becomes a pan of the permit for the or regulation,statute or other provision of law.The requirements of this ordinance should be proposed land disturbing eta le o the issuing n Stream buffer variance is not acceptable to the issuing considered minimum requirements.Where any provision of this ordinance imposes authority,the issuing authority may issue a land restrictions or protective standards different from those imposed by any other ordinance,rule, disturbing permit Ga. o .R.&g encroa9hmen- into the buffer.Ga-Comp.R.&Rcgs.§341-3-7- regulation,or other provision of law,the more restrictive provision applies. .05(g)(2006).1 -Page Break- The requirements of this ordinance shall in no case be interpreted to preempt the need for other relevant local,state and federal permits and approvals. ' All land disturbing activities must comply with the requirements of the Erosion and Sedimentation Act of 1975 and all applicable best management practices therein. 8.1. Setback Area. In addition to the restrictions identified above,there is a setback area established^within 25 _--I,Formatted:Highlight feet from the edge of state waters and coastal marshlands as defined in Section2,herein and __--{Formatted:Highlight no land disturbing activities are permissible in the setback area except as provided by the exemptions stated in Section 3.2 and subject to the right of an applicant to seek an encroachment permit and/or variance under Section 7 hereof or Section 5-090 or other applicable ordinance. The setback from such area is to be measured from the estuarine, _ - Formatted:Highlight wetland,or marsh area horizontally from the edge of such area. - Formatted:Highlight 11 20140814CityCouncilPacket Page 191 of 232 08/08/2014/jr1 Section 9.Violations,Enforcement and Penalties Any action,or inaction,which violates the provisions of this ordinance or the requirements of an approved site plan may be subject to the enforcement actions outlined in this Section.Any such action,or inaction,which is continuous with respect to time,is deemed to be a public nuisance and may be abated by injunctive or other equitable relief.The imposition of any of the penalties described below shall not prevent such equitable relief, 9.1.Notice of Violation If the City of Tybee Island determines that a permittee or other responsible person has failed to comply with the terms and conditions of a permit,an approved stormwater management plan or the provisions of this ordinance,it shall issue a written notice of violation to such permittee or other responsible person.Where a person is engaged in activity covered by this ordinance without having first secured a permit therefore,the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain: 1) The name and address of the owner or the applicant or the responsible person; 2) The address or other description of the site upon which the violation is occurring; 3) A statement specifying the nature of the violation; 4) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this ordinance and the date for the completion of such remedial action; 5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed;and, 6) A statement that the determination of violation may be appealed to the City of Tybee Island by filing a written notice of appeal within thirty (30) days after the notice of violation(except,that in the event the violation constitutes an immediate danger to public health or public safety,24 hour notice shall be sufficient). 9.2.Penalties In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation,any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.Before taking any of the following actions or imposing any of the following penalties,the City of Tybee Island shall first notify the permittee or other responsible person in writing of its intended action and shall provide a 12 20140814CityCouncilPacket Page 192 of 232 08/08/2014/jr1 reasonable opportunity,of not less than 72 hours(except,that in the event the violation constitutes an immediate danger to public health or public safety,24 hour notice shall be sufficient)to cure such violation.In the event the permittee or other responsible person fails to cure such violation after such notice and cure period,the City of Tybee Island may take any one or more of the following actions or impose any one or more of the following penalties. 1) Stop Work Order-The City of Tybee Island may issue a stop work order which shall be served on the permittee or other responsible person.The stop work order shall remain in effect until the permittee or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the permittee or other responsible person to take the necessary remedial measures to cure such violation or violations. 2) Withhold Certificate of Occupancy - The City of Tybee Island may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the permittee or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. 3) Suspension, Revocation or Modification of Permit - The City of Tybee Island may suspend, revoke, or modify the permit authorizing the land development project. A suspended, revoked, or modified permit may be reinstated after the permittee or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the City of Tybee Island may deem necessary) to enable the permittee or other responsible person to take the necessary remedial measures to cure such violations. 4) Civil Penalties - In the event the permittee or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 72 hours, or such lesser period as the City of Tybee Island shall deem appropriate (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hour notice shall be sufficient) after the City of Tybee Island has taken one or more of the actions described above, the City of Tybee Island may impose a penalty on the permittee or other responsible person not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains un-remedied after receipt of the notice of violation. 5) Criminal Penalties -For intentional and flagrant violations of this ordinance, the City of Tybee Island may issue a citation to the permittee or other responsible person,requiring such person to appear in municipal,court to answer charges for such violation. Upon -(Deleted:lappr©priale municipal,magistrate or conviction,such person shall be punished by a fine not to exceed$1,000 or imprisonment l recorders] for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. 13 20140814CityCouncilPacket Page 193 of 232 08/08/2014/jr1 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 ,2014. MAYOR AITFST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 14 20140814CityCouncilPacket Page 194 of 232 08/08/2014/jr1 TybeefOrdinancesJ2014/39-1-2014 Sec 3-090.1 7 buffer�p 29.14 _ _——-(Deleted:06.25.14 15 20140814CityCouncilPacket Page 195 of 232 08/08/2014/jr1 Page 8:[1]Deleted Marie Davis 07/17/2014 10:19:00 AM I The [planning department or public works department] shall process all buffer encroachment permit applications within [thirty (30)] business days of the [planning department or public works department]'s actual receipt of a completed application and a permit fee. The [planning department or public works department] shall give notice to the applicant of its decision by hand delivery or by mailing a notice, by Certified Mail, Return Receipt Requested, to the address on the permit application on or before the [thirtieth (30)] business day after the [planning department or public works department]'s receipt of the completed application. If the jurisdiction fails to act within the [thirty (30) day] period, the permit shall have been deemed to have been granted. Page 8:[2]Deleted Marie Davis 07/17/2014 10:20:00 AM [planning department or public works department] Page 8: [3]Deleted Marie Davis 07/17/2014 10:20:00 AM [planning department or public works department] 2) 20140814CityCouncilPacket Page 196 of 232 08/08/2014/jr1 ORDINANCE NO, 39-C-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND, GEORGIA AND IN PARTICULAR THE LAND DEVELOPMENT CODE SO AS TO CREATE A SETBACK AND/OR BUFFER FROM STREAMS, LAKES, COASTAL MARSHLANDS AND FRESHWATER WETLANDS AND SPECIFYING PERMISSIBLE DEVELOPMENT ACTIVITIES WITHIN THE BUFFERS AND PROHIBITING CERTAIN ACTIVITIES IN SUCH BUFFER OR SETBACK ZONES, TO ESTABLISH AN EFFECTIVE DA'Z'E AND FOR OTHER PURPOSES 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 the planning and zoning; and WHEREAS, this ordinance establishes buffer zones for streams, lakes, coastal marshlands, and freshwater wetlands, as well as the requirements that minimize land development within those buffers. It is the purpose of these buffer zone requirements to protect and stabilize stream banks, prevent sedimentation of coastal water resources, protect water quality for important nursery areas for fisheries, and preserve aquatic and riparian habitat; and WHEREAS, the Georgia Constitution of 1983, Article IX, §II, ¶IV, places the power of planning and zoning in Iocal government and, therefore, this ordinance is adopted pursuant to such power as it contributes to aesthetics, density regulation and health benefits and Article IX, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances for the City is hereby amended so as to create a new section to be Section 3-090.1 as follows: 20140814CityCouncilPacket Page 197 of 232 08/08/2014/jr1 SECTION 1 Section 1. Intent and Purpose 1) The rivers, streams,wetlands, and coastal marshlands constituting the riparian lands of the City of Tybee Island are a significant natural resource and are essentially linked to Tybee Island's economy. The City Council recognizes that these lands provide numerous benefits and are vital to the health, safety, and economic welfare of its citizens. The City Council finds that buffers adjacent to these lands provide substantial benefits including: a) Minimizing activities that degrade, destroy, or otherwise negatively impact the value and function of coastal marshlands; b) Maintaining stream and river water quality; c) Trapping sediment and other pollutants found in surface runoff; d) Promoting bank stabilization and reducing erosion; e) Protecting terrestrial coastal habitat for nesting and feeding wildlife; f) Reducing the impact of flooding by increasing floodwater storage areas; g) Enhancing the marshlands' scenic value and recreational opportunities; h) Protecting property values of individual landowners; and, i) Protecting and restoring greenspace and the natural character of the coastal region; and j) Protecting important nursery areas for fisheries,which provide food and habitat to numerous species of fish and shellfish, including commercially important species. 2) It is therefore the purpose and intent of this ordinance to establish a coastal riparian buffer zone of restricted development and limited land use adjacent to coastal streams, rivers, marshes, and wetlands. The purposes of this coastal riparian buffer zone are to: a) Protect the public health, safety, environment, and general welfare of the citizens of Tybee Island; b) Minimize public and private land loss due to erosion, sedimentation, and water pollution; c) Maintain water quality for human use and for protecting the important nursery areas for fisheries,which provide food and habitat to numerous species of fish and shellfish, including commercially important species; d) Protect terrestrial coastal habitat for nesting and feeding wildlife; e) Reduce the impact of flooding by increasing floodwater storage areas; f) Protect the natural and native vegetation in the zone; g) Protect the coastal region's visual character and unique natural resources; and, h) Avoid land development within such buffers by establishing buffer zone requirements and by requiring authorization for any land disturbing activities. 3) The standards and regulations set forth in this ordinance are created under the authority of the City of Tybee Island's Home Rule and zoning powers defined in Article IX, Section 2 of the Georgia Constitution. 2 20140814CityCouncilPacket Page 198 of 232 08/08/2014/jr1 Section 2. Definitions "Access path"means a pervious path designed, constructed, and maintained pursuant to applicable best management practices that provides for access to water-dependent uses through the buffer and takes the route that impacts the natural vegetation of the buffer to the least extent possible. "Buffer encroachment permit"means the permit issued by the City of Tybee Island and required to undertake certain buffer encroaching activities as described in Section 4 herein. "Coastal marshland" or"marshland"means any marshland intertidal area, mud flat, tidal water bottom, or salt marsh within the estuarine area of the City of Tybee Island whether or not the tidewaters reach the littoral areas through natural or artificial watercourses. "Vegetated marshlands" shall include those areas upon which grow one, but not necessarily all, of the following: salt marsh grass (Spartina alterniflora),black needlerush (Juncus roetnerianus), saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cynosuroides), saltgrass (Distichlis spicata), coast dropseed (Sporobolus virginicus), Bigelow glasswort(Salicornia bigelovii),woody glasswort (Salicornia virginica), saltwort (Batts maritima), sea lavender(Limonium nashii), sea oxeye (Borrichia frutescens), silverling (Baccharis halimifolia), false willow (Baccharis angustifolia), and high-tide bush (Iva frutescens). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof. Coastal Marshlands Protection Act, O.C.G.A. § 12-5-282. "Coastal riparian buffer" or"buffer" means, on any given parcel of land, a natural or enhanced vegetated area of riparian land lying adjacent to a stream, pond, impoundment, wetland, or coastal marshland. "Estuarine area"means all tidally influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below. Coastal Marshlands Protection Act, O.C.G.A. § 12-5-282. "Impervious cover"means a surface composed of any material that greatly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include,but are not limited to, rooftops,buildings, streets and roads, except those designed specifically to allow infiltration. "Impoundment"means any lake, pond, or other body of freshwater. "Land disturbing activity"means: (l) any installation of impervious cover; or(2) any grading, scraping, excavating or filling of land. "Land disturbance permit"means the permit issued by the City of Tybee Island pursuant to the Georgia Erosion and Sedimentation Control Act and required for undertaking any land disturbing activity. 3 20140814CityCouncilPacket Page 199 of 232 08/08/2014/jr1 "Littoral area"means the tidal area between the high water and low water marks. "Minor land disturbing"means activities such as home gardens and individual home landscaping, repairs, maintenance work,fences, and other related activities which do not result in any soil erosion as defined in the current version of the Minor Land Disturbing Guidelines issued by the Georgia Department of Natural Resources. Such minor land disturbing activities may not result in total disturbance of more than 100 square feet. "Native vegetation"means vegetation that is naturally found in the area. "Person"means any individual,partnership, firm, association,joint venture,public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this State, any interstate body or any other legal entity. "Riparian land" means any land along the edge of a lake, stream, river, marsh, wetland, coastal marshland,pond or impoundment. "Wetland"means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil. Ga. Comp. R. & Regs. r.391-3-16-.03 (2006). Section 3.Applicability This ordinance shall apply to all land disturbing activity on property containing or adjacent to coastal marshland or wetlands. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law. Approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations. Best management practices shall be required for all land disturbing activities. Proper design, installation, and maintenance of best management practices shall follow the design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" published by the State Soil and Water Conservation Commission as of January 1 of the year in which the land disturbing activity was permitted. 3.1. Grandfather Provisions This ordinance shall not apply to the following activities: 1) Existing development and land disturbance activities as of , 2014, except that new development or new land disturbing activities on such properties will be subject to all applicable buffer requirements. 4 20140814CityCouncilPacket Page 200 of 232 08/08/2014/jr1 2) Any land disturbing activity that is scheduled for permit approval or has been submitted for approval as of , 2014. 3) Land disturbing activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development and that has been previously approved within one year of , 2014. After , 2014, this Ordinance shall apply to all new subdividing and platting activities. 3.2. Exemptions The following specific activities are exempt from this Ordinance: 1) Public sewer line easements paralleling the stream, lake, impoundment, wetland, and/or coastal marshlands, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the mean high water line in coastal marshlands and wetlands or the top of the bank for streams, lakes, and impoundments. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed to allow the construction of roads, bike paths, or other transportation routes in such easements, regardless of the type of paving material used. 2) Land disturbing activities by governments within a road right of way existing at the time this ordinance takes effect, or approved under the terms of this ordinance. Development activities are only allowed if they cannot reasonably be located outside the buffer. 3) Land disturbing activities within utility easements existing as of the effective date of this ordinance or approved under the terms of this ordinance when necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. 4) Emergency maintenance and repairs necessary to preserve life and/or property. However, when emergency work is performed under this section, the person performing it shall report such work to the City of Tybee Island as soon as possible and within 24 hours of the commencement of the work. Within ten (10) days thereafter, the person shall apply for a variance and perform such work within such time period as may be determined by the City of Tybee Island to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area. 5) Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses, provided these activities are not incidental to other land disturbing activity and are conducted using applicable best management practices. If such activity results in land disturbance in the buffer that would otherwise be prohibited, no land 5 20140814CityCouncilPacket Page 201 of 232 08/08/2014/jr1 disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer. 6) Stream crossings for water lines or stream crossings for sewer lines, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented. 7) Such minor land disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which do not result in any soil erosion as defined in the current version of the Minor Land Disturbing Guidelines issued by the Georgia Department of Natural Resources. Such minor land disturbing activities may not result in total disturbance of more than cumulative 100 square feet per parcel. 8) Pruning and selective clearing is permissible to maintain a viewshed provided such activities do not disturb more than 30% of the buffer's length as measured along the landward edge of the marshlands, and no trees above 6 inches in diameter are removed. 9) Activities for the purpose of constructing public water supply intake or public wastewater outfall structures, when designed, constructed, and maintained using applicable best management practices. 10) Activities to restore and enhance stream bank stability,vegetation, water quality, and/or aquatic habitat, when designed, constructed, and maintained pursuant to applicable best management practices. 11) Any trimming or pruning of vegetation for the purpose of creating a keyhole view corridor and/or access path and conducted in accordance with applicable best management practices. This exemption shall not allow for the removal of trees. 12) Creation of an access path to water-dependent uses through the buffer when designed, constructed, and maintained pursuant to applicable best management practices. 13) Structural maintenance and repair (not replacement or enlargement) of any damaged structure that existed in the buffer as of the effective date of this ordinance, provided the repair is less than fifty (50)percent of the value of the structure, as determined by a local building inspector and is constructed and designed pursuant to applicable best management practices. Section 4. Standards and Regulations All land disturbing activity that is not exempt from this Ordinance pursuant to subsection 3.2 above shall meet the following requirements: 6 20140814CityCouncilPacket Page 202 of 232 08/08/2014/jr1 1) A buffer shall be maintained for a minimum of 25 feet along both banks of streams and along all impoundments, as measured from the top of the bank of the stream or impoundment. All land disturbing activity is prohibited within the 25-foot buffer unless a variance or buffer encroachment permit is granted. 2) A buffer shall be maintained for a minimum of 25 feet along all coastal marshlands, measured horizontally from the estuarine area. All land disturbing activity is prohibited within the 25-foot buffer unless a variance or buffer encroachment permit is granted. 3) A buffer shall be maintained for a minimum of 25 feet along all wetlands as measured from the inland edge of the wetland. All land disturbing activity is prohibited within the 25 -foot buffer unless a variance or buffer encroachment permit is granted pursuant to Section 5 or Section 7. 4) No septic tanks or septic tank drain fields shall be permitted within the buffer. 5) The establishment of a manicured lawn shall not be permitted in the buffer. 6) The application of pesticides shall not be permitted in the buffer. Section 5. Buffer Encroachment Permit 5.1 General 1) No person shall conduct any land disturbing activity within the coastal riparian buffer without first obtaining a buffer encroachment permit from the City of Tybee Island to perform such activity. 2) Buffer encroachment permits may be issued by the City of Tybee Island if the land disturbing activity constitutes construction of a porch, deck,boardwalk, or similar structure that is an accessory use to a residential dwelling, constructed and designed in accordance with applicable best management practices. In the case of construction of a structure to be located outside the buffer, an encroachment permit of no more than 10 feet may be granted for construction purposes. All disturbed areas must be restored to a natural state. 3) The following factors will be considered in determining whether to issue a permit: a) whether the buffer encroachment will result in a reduction of the quality of the water exiting the parcel, or a diminishment of a uniform coastal marshland scenic vista; b) whether the proposed development in the buffer will be conducted in accordance with all design guidelines, low impact development techniques, and other applicable best management practices; c) whether the proposed intrusion into the buffer is the minimum intrusion necessary to accomplish the purpose of the intrusion; d) whether a feasible alternative design exists that would result in no intrusion into the buffer; 7 20140814CityCouncilPacket Page 203 of 232 08/08/2014/jr1 5.2 Application Requirements and Procedures 1) The application for a buffer encroachment permit shall be submitted to the City of Tybee Island and must include the following: a) A site plan showing: (i)The location of all riparian lands on or immediately adjacent to the property; (ii) Identification of any streams found on the Clean Water Act § 303(d)list that are adjacent to the property; (iii)Boundaries of the riparian buffer, as described by Section 4 of this Ordinance, on the property; (iv) Buffer zone topography with contour lines at no greater than five (5)-foot contour intervals; (v)Delineation of forested and open areas in the buffer zone; and, (vi)Detailed plans of all proposed land development and land disturbing activity on the site; b) A description of any potential development impact on the buffer and how it will be avoided; c) Any other documentation that the City of Tybee Island may reasonably deem necessary for review of the application and to insure that the coastal riparian buffer ordinance is addressed in the approval process; and d) Payment of the fee of $250.00. This fee will be forfeited if the project is subsequently abandoned. 2) The coastal riparian buffer shall be clearly delineated on all development plans and plats submitted for buffer encroachment permit approval, and buffer limits must be staked in the field in a manner approved by the City of Tybee Island before and during construction with posted signs that describe allowable activities. Buffer boundaries shall be printed on all development and construction plans,plats, and official maps. 3) The applicant must pay the appropriate permit fee as provided in the Fee Schedule as adopted by the mayor and council and on file with the clerk of council. 4) In the event the designated city official(s) determines that all requirements for approval have not been met, it shall promptly notify the applicant of such fact and shall automatically deny the permit. 5) An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the designated city official(s) to the City Council provided that they file written notice of an appeal with the City Clerk within fifteen (15) business days of the City of Tybee Island's decision. Such appeal shall be considered by the City Council at the next regular meeting held after the city's receipt of the written notice of appeal, provided that notice of appeal is received by the City Council a minimum of ten full business days before the meeting. In the event an individual whose permit has been denied or revoked is dissatisfied with the decision of 8 20140814CityCouncilPacket Page 204 of 232 08/08/2014/jrl the City Council, they may petition for writ of certiorari to the Superior Court as provided by law. 6) The designated city official(s) shall inspect each lot for which a permit for a new land disturbing activity or for modification of an existing land disturbing activity is issued. This inspection shall occur on or before six months from the date of issuance of such permit. a) If the land disturbing activity is not complete within six months from the date of issuance, the permit shall lapse and become void. No refunds will be made for permit fees paid for permits that expired due to failure to engage in the land disturbing activity. If later, an individual desires to continue land disturbing activities at the same location, a new application must be processed and another fee paid in accordance with the fee schedule applicable at such time. b) If the land disturbing activity is substantially complete, but not in full compliance with this ordinance the designated city official(s) shall give the applicant notice of the deficiencies and shall allow an additional thirty days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse and become void. Section 6. Inspection The designated city official(s) or its authorized representative may inspect ongoing work in the buffer to be made periodically during the course thereof and shall make a final inspection following completion of the work. The landowner shall assist the designated city official(s) or authorized representative in making such inspections. The designated city official(s) shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance, and to enter at a reasonable time upon any property,public or private, for the purpose of investigating and inspecting the sites of any land disturbing activities within the buffer protection area. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. Section 7. Variance Procedure Variances from the above buffer requirements may be granted in accordance with the following provisions: 1) Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography, or other existing physical condition prevents land disturbing activity consistent with this ordinance, and such land disturbing activity cannot be authorized through issuance of a buffer encroachment permit, the City of Tybee Island may grant a variance that shall allow a reduction in buffer width only to the extent necessary to provide relief from the conditions which prevented land disturbing activity on the parcel, 9 20140814CityCouncilPacket Page 205 of 232 08/08/2014/jrl provided adequate mitigation measures are implemented by the landowner to offset the effects of such variance. 2) Variances shall not be considered when: a) following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property; or b) the owner previously applied for a buffer encroachment permit that was denied by the City of Tybee Island. 3) Except as provided above, the City of Tybee Island shall grant no variance from any provision of this ordinance. 4) When a public hearing on the application for a variance is conducted, the City of Tybee Island shall give public notice of each such public hearing in a newspaper of general circulation within the City of Tybee Island. The City of Tybee Island shall post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way. 5) At a minimum, a variance request shall include the following information: a) A site map that includes locations of all streams, wetlands, coastal marshlands, floodplain boundaries, and other natural features, as determined by field survey; b) A description of the shape, size, topography, slope, soils,vegetation, and other physical characteristics of the property; c) A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance both inside and outside the buffer; d) The exact area of the buffer to be affected shall be accurately and clearly indicated; e) Documentation of the inability to develop the property without a variance; f) Documentation that shows how buffer encroachment will be minimized to the greatest extent possible; g) Documentation that shows how the buffer encroachment will not result in reduction of water quality or diminishment of a uniform coastal marshland scenic vista h) At least one alternative plan or an explanation of why such a plan is not possible; i) A calculation of the total area and length of the proposed encroachment; j) A stormwater management site plan, if applicable; and, k) A proposed mitigation plan designed pursuant to applicable best management practices that offsets the effects of the proposed encroachment. If no mitigation is proposed, the application must include an explanation of why none is being proposed. ➢ Acceptable mitigation might include restoration and/or enhancement and protection of a degraded area of coastal riparian buffer on an adjacent or nearby property. 1) Payment of the variance fee of$200.00 for a residential project or $500.00 for a commercial project. 10 20140814CityCouncilPacket Page 206 of 232 08/08/2014/jr1 6) The following factors will be considered in determining whether to issue a variance: a) Whether the requirements of the riparian buffer represent an extreme hardship for the landowner, such that little or no reasonable economic use of the land is available without the reduction of the width of the riparian buffer; b) Whether actions of the landowner of a given property have created conditions of a hardship on that property; c) The size, shape, topography, soils, vegetation and other physical characteristics of the property that may prevent land development; d) The location and extent of the proposed buffer encroachment; e) Whether alternative designs are possible which require less or no intrusion; f) The long-term water-quality impacts of the proposed variance; g) The water quality impacts of any construction that the granting of the variance would allow in the buffer; h) Whether the issuance of a variance and the completion of the applicant's proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs, clams, or other marine life, wildlife, or other resources, including but not limited to water and oxygen supply; and i) whether the proposed development in the buffer will be conducted in accordance with all design guidelines, low impact development techniques, and applicable best management practices. Section 8. Compatibility with Other Regulations and Requirements This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this ordinance should be considered minimum requirements. Where any provision of this ordinance imposes restrictions or protective standards different from those imposed by any other ordinance, rule, regulation, or other provision of law, the more restrictive provision applies. The requirements of this ordinance shall in no case be interpreted to preempt the need for other relevant local, state and federal permits and approvals. ➢ All land disturbing activities must comply with the requirements of the Erosion and Sedimentation Act of 1975 and all applicable best management practices therein. 8.1. Setback Area. In addition to the restrictions identified above, there is a setback area established within 25 feet from the edge of state waters and coastal marshlands as defined in Section 2 herein and no land disturbing activities are permissible in the setback area except as provided by the exemptions stated in Section 3.2 and subject to the right of an applicant to seek an encroachment permit and/or variance under Section 7 hereof or Section 5-090 or other applicable ordinance. The setback from such area is to be measured from the estuarine, wetland, or marsh area horizontally from the edge of such area. 11 20140814CityCouncilPacket Page 207 of 232 08/08/2014/jrl Section 9. Violations, Enforcement and Penalties Any action, or inaction, which violates the provisions of this ordinance or the requirements of an approved site plan may be subject to the enforcement actions outlined in this Section. Any such action, or inaction, which is continuous with respect to time, is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. 9.1. Notice of Violation If the City of Tybee Island determines that a permittee or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this ordinance, it shall issue a written notice of violation to such permittee or other responsible person. Where a person is engaged in activity covered by this ordinance without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain: 1) The name and address of the owner or the applicant or the responsible person; 2) The address or other description of the site upon which the violation is occurring; 3) A statement specifying the nature of the violation; 4) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this ordinance and the date for the completion of such remedial action; 5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and, 6) A statement that the determination of violation may be appealed to the City of Tybee Island by filing a written notice of appeal within thirty (30) days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hour notice shall be sufficient). 9.2. Penalties In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the City of Tybee Island shall first notify the permittee or other responsible person in writing of its intended action and shall provide a 12 20140814CityCouncilPacket Page 208 of 232 08/08/2014/jr1 reasonable opportunity, of not less than 72 hours (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hour notice shall be sufficient) to cure such violation. In the event the permittee or other responsible person fails to cure such violation after such notice and cure period, the City of Tybee Island may take any one or more of the following actions or impose any one or more of the following penalties. 1) Stop Work Order - The City of Tybee Island may issue a stop work order which shall be served on the permittee or other responsible person. The stop work order shall remain in effect until the permittee or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the permittee or other responsible person to take the necessary remedial measures to cure such violation or violations. 2) Withhold Certificate of Occupancy - The City of Tybee Island may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the permittee or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. 3) Suspension, Revocation or Modification of Permit - The City of Tybee Island may suspend, revoke, or modify the permit authorizing the land development project. A suspended, revoked, or modified permit may be reinstated after the permittee or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the City of Tybee Island may deem necessary) to enable the permittee or other responsible person to take the necessary remedial measures to cure such violations. 4) Civil Penalties - In the event the permittee or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 72 hours, or such lesser period as the City of Tybee Island shall deem appropriate (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hour notice shall be sufficient) after the City of Tybee Island has taken one or more of the actions described above, the City of Tybee Island may impose a penalty on the permittee or other responsible person not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains un-remedied after receipt of the notice of violation. 5) Criminal Penalties - For intentional and flagrant violations of this ordinance, the City of Tybee Island may issue a citation to the permittee or other responsible person, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. 13 20140814CityCouncilPacket Page 209 of 232 08/08/2014/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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/39-C-2014 Sec 3-090.1 buffer 08.07.14 14 20140814CityCouncilPacket Page 210 of 232 08/08/2014/jr1 MAYOR CITY MANAGER Jason Buelterman O Diane Schleicher CITY COUNCIL (-3/, CITY CLERK Wanda Doyle,Mayor Pro Tern , ► Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks 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: August 14, 2014 Item: Second Reading Explanation: Text Amendment Ord. 40-2014; Sec. 3-090, Schedule of Development Regulations; City of Tybee Island, petitioner; consideration of cross-reference for buffer regulations Budget Line Item Number (if applicable): N/A Paper Work: L Attached* Audio/Video Presentation** Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. 0* 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: This item was not considered by the Planning Commission. Ordinance 40-2014 is a housekeeping amendment to Section 3-090 to cross-reference the adoption of Ordinance 39-2014, Section 3-090.1. City Council approved First Reading as-is July 10, 2014 with a 4-2 vote. Date given to Clerk of Council: August 6, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 , City of www.cityortybee.org �,� 1�� Ethics 20140814CityCouncilPacket Page 21 of 232 0 4'4fjrl Or '43-2Ui MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL ->, " - CITY CLERK Wanda Doyle,Mayor Pro Tern y Janet LeViner Barry Brown Rob Callahan ' , CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks '41-174,(wrote Paul Wolff CITY OF TYBEE ISLAND Description: Amendment to the adopted codes Ordinance: Section 3-090 Development Regulations Zoning Action Requested: Text Amendment— FIRST READING Following any required Public Hearing, the Mayor and Council of the City decided on the 10TH day of July, 2014, that the request for Text Amendment was APPROVED. (I(D)X40 ( - 1 - Planning and Zoning Man ger Date 1111, :for Date rk of Council Date P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 (912) 786-4573—FAX(912) 786-5737 www cit oft bee.org 20140814CityCouncilPacket Page 21of 232 08/08/2014/jrl ORDINANCE NO. 40-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND, GEORGIA, SECTION 3-090, SCHEDULE OF DEVELOPMENT REGULATIONS, SO AS TO ADD A SUBSECTION (D)AND FOR OTHER PURPOSES 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 3-090, Schedule of Development Regulations, so as to add a new Subsection (D) thereto; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances for the City is hereby amended as follows. SECTION 1 Section 3-090 is hereby amended as follows: Section 3-090. Schedule of Development Regulations. (D) Structures in all zoning districts are required to comply with the provisions of 3-090.1. 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. 20140814CityCouncilPacket Page 213 of 232 08/08/2014/jr1 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/40-2014 Sec 3-090(D)compliance with 3-090.106.25.14 2 20140814CityCouncilPacket Page 214 of 232 08/08/2014/jr1 MAYOR CITY MANAGER Jason Buelterman H ' t Diane Schleicher ,v CITY COUNCIL �,{ CITY CLERK Wanda Doyle,Mayor Pro Tem 4 4. Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett > Edward M.Hughes Monty Parks r* i o ,,N 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. City Council Meeting Date for Request: 8/14/14 Item: Downtown Development Authority Explanation: Resolution is attached. Budget Line Item Number (if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner{acityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Chantel Morton, Main Street Coordinator Phone /Email: 912-844-9771 cmorton • cit oft bee.or Comments: Date given to Clerk of Council 7/29/14 * * * 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 ''114>9 44J1 20140814CityCouncilPacket Page 215 of 232 08/08/2014/jrl RESOLUTION FOR ACTIVATION 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 favorable 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. Page 1 of 4 20140814CityCouncilPacket Page 216 of 232 08/08/2014/jr1 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 Representation Bill Garbett Coincides with Council terms City Council Angela Caldwell Two Years Caldwell's Cottage; business owner Brenda Marion Two Years Tybee Island Maritime Academy; resident Deana Harden Four Years Prevail Realty; business owner Steve Kellam Four Years Tybee Time; business owner Ted Lynch Six Years Accountants on Tybee; business owner Vicki Hamrnons Six Years Vicki's on Tybee; business owner 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 on or after July 1, 1994. 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. Page 2 of 4 20140814CityCouncilPacket Page 217 of 232 08/08/2014/jr1 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_day of August, 2014. Attest: Tybee Island Clerk of Council Page 3 of 4 20140814CityCouncilPacket Page 218 of 232 08/08/2014/jr1 EXHIBIT A 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 August , 2014 as depicted/described below: Community Character Map it-NN f ----- I*1111 14141:116 Air* N rival +7 tiff• ifr Character Areas Ms FM Fco Busness CarkWr 1. Bsck Roost Fie n • gebaood ,`.� rni' !1r Bescees Deed:e04e IfieelfbceMeet Coastal MrrVMSntts • wand Ceeape Neog,Neooe • Lamer oc,sk Mwemm stand • M eedrant N.q,batiooa • Nate 9eacn Nechbatiood -A • Ndaic emery NeQhbart!aoi + 4, • The Weld i•rttatc Da►woore BWSEness Dstna • Smith EM ke, bomoa0 i tt 17e1t St+eet N•'pNbarhooe iipf INTEGRATED 40, Cty Uentt Cn '.nr►nne Page 4 of 4 20140814CityCouncilPacket Page 219 of 232 08/08/2014/jr1 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: August 14, 2014 Item: Draft RFP's for Architectural and Engineering Services: City Hall Interior Renovation Space and Security Needs Assessment and North Beach Restrooms Paper Work: X Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: These projects were discussed at the July 24, 2014 City Council Workshop, and staff was directed to put together draft RFP's for review by council at the August 14, 2014 meeting. Date given to Clerk of Council 8.6.14 20140814CityCouncilPacket Page 220 of 232 08/08/2014/jr1 City of Tybee Island 403 Butler Avenue P.O. Box 2749 Tybee Island, GA 31328 912-472-5070 INVITATION TO SUBMIT PROPOSAL; Sealed Proposals will be received by the City of Tybee Island for the following described work: PROPOSAL DUE DATE: LOCATION OF WORK: City Hall, 403 Butler Avenue, Tybee Island, Georgia 31328 DATE AND TIME OF "WALK THROUGH INSPECTION PRIOR TO SUBMISSION OF PROPOSAL"Date: at City Hall, 403 Butler Avenue, Tybee Island, Georgia SCOPE OF WORK: To conduct an architectural assessment of space needs and building security. Consultant will interview city hall staff to determine specific departmental space requirements and physical access control/concerns. Consultant shall provide a report to include: proposed floor plan,updated HVAC ventilation/ducting, electrical wiring, security/access control, ADA requirements, FEMA requirements and project cost. CONTRACTOR QUALIFICATIONS: Contractor must be an architectural/consulting firm licensed in the State of Georgia; and experience in design of public facilities. Contractor should provide references/work samples (photographs, renderings, documents) from counties or municipalities for which similar work has been performed and a copy of their license. INCLUDED IN PROPOSAL: • List of similar public building needs and security assessment projects especially in the area • References I • Project manager • List of staff who would be assigned to project • List unit price fee structure • Fee for needs and security design of renovation report All persons wishing to submit proposals shall submit one (1) original proposal and seven (7) complete copies in an 8 1/2"by 11" format and one (1) original contract that is consistent with the proposal. 20140814CityCouncilPacket Page 221 of 232 08/08/2014/jr1 CRITERIA FOR EVALUATION AND AWARD Submitted proposals will be evaluated and scored based upon the following criteria: Criteria Points Assigned Credentials 10 Expertise of Designated Staff 10 Past Performance 20 Managerial Capabilities 10 References 15 Capability to Perform SOW 15 Price Proposals 20 The successful Proposer will be selected based upon the best response offered to the City. Proposers may be requested to give an oral presentation after submission of responses should the City find it necessary to determine which is best received. Proposal fees are to be good for a minimum of 90 days. REQUIRED INFORMATION: Please submit the following information in the order requested. 1. A bid sheet, W-9, vendor application, and affidavit located at the end of this RFP. 2. Name, address, phone number, fax number, and e-mail address of the person or firm submitting the proposal. Provide the name of the contact person and person authorized to contract for the firm. 3. The proposer's qualifications to meet the City's objectives and perform tasks listed in the proposal. This shall include the size of the firm, office location from which the service is being performed and nature of staff and equipment to be employed. Job descriptions and pay classifications of the proposer's positions and employees shall also be included. 3. Bids and all required or requested supplemental materials in compliance with this Request for Proposal shall be submitted as requested above. Supplemental materials will not be accepted after the proposals have been opened unless requested by the City. SUBMIT PROPOSALS TO: City of Tybee Island, P.O. Box 2749, Tybee Island, Georgia 31328, Attention: Melissa Freeman, Finance Department. The outside of the envelope should be marked, "City Hall Renovation Consultation Bid Proposal Enclosed." OPENING OF PROPOSALS: DATE: EDT @ City Hall. 20140814CityCouncilPacket Page 222 of 232 08/08/2014/jr1 The City of Tybee Island reserves the right to reject any and all proposals and to waive any formalities and make the award in the best interest of the City. INCURRED EXPENSES: The City is not responsible for any expenses which proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs with travel, accommodations, interviews, or presentation of proposals. 20140814CityCouncilPacket Page 223 of 232 08/08/2014/jr1 City of Tybee Island 403 Butler Avenue P.O. Box 2749 Tybee Island, GA 31328 912-472-5070 INVITATION TO SUBMIT PROPOSAL; Sealed Proposals will be received by the City of Tybee Island for the following described work: PROPOSAL DUE DATE: LOCATION OF WORK: North Beach Restrooms, 31B Meddin Drive, Tybee Island, Georgia 31328 DATE AND TIME OF "WALK THROUGH INSPECTION PRIOR TO SUBMISSION OF PROPOSAL"Date: at the North Beach Restrooms, 31 B Meddin Drive, Tybee Island, Georgia SCOPE OF WORK: The City of Tybee is requesting design and engineering services for the construction a new public restroom to be located at the North Beach Parking lot. Prior to the design and engineering phase for construction, the city requests professional assistance in determining if it is feasible and cost effective to construct a FEMA and ADA compliant restroom in the Eastern portion of the parking lot near the middle cross-over. Another alternative is to construct a new restroom at the current location of the North Beach Restroom by relocated the new restroom outside the V zone which would require the demolition of the existing 480 square foot block building in accordance to EPD regulations. Minimum public restroom requirements: • Male side: Five (5) stalls including the ADA stall, one waterless urinal and one baby changer station • Female side: Five (5) stalls including the ADA stall and one baby changer station • Appropriate number of sinks for each side • Five (five) external shallow well rinse off showers stations that meet the following: o Have posted signs reading NON-POTABLE WATER—DO NOT DRINK o Meet minimum construction standards for non-public wells as required by the Water Well Standards Act, O.C.G.A 12-5-120 o Meet the Chatham County Health Department regarding setbacks from any on-site sewage management systems o Are not connected in any way to the City's potable water system 20140814CityCouncilPacket Page 224 of 232 08/08/2014/jr1 CONTRACTOR QUALIFICATIONS: Contractor must be an architectural/consulting firm licensed in the State of Georgia; and experience in design of public facilities especially public municipal restrooms. Contractor should provide references/work samples (photographs, renderings, documents) from counties or municipalities for which similar work has been performed and a copy of their license. Design and construction of the building is to be architecturally compatible with the neighborhood, energy efficient and meets all ADA and FEMA requirements. A copy of the flood plain map is available from the planning and zoning manager at city hall for purposes of the proposal. INCLUDED IN PROPOSAL: Proposal for services to include the following: • List of similar public restroom building and site plan design/engineering projects especially in the area and in other beach communities • List of similar municipal and commercial projects completed within or under budget • References • Project manager • List of staff who would be assigned to project • List unit price fee structure: o Fee for North Beach site selection analysis o Fee for design of building and site plan excluding landscape design o Fee for construction and site plan drawings o Fee for each soil boring including report for site, as needed o Fee for bidding services including public advertising and plan distribution o Fee for oversight of construction and change order review o Fee for oversight of demolition of the existing restroom if replacement of existing restroom is determined the appropriate decision by the mayor and city council All persons wishing to submit proposals shall submit one (1) original proposal and seven (7) complete copies in an 8 %2"by 11" format and one (1) original contract that is consistent with the proposal. CRITERIA FOR EVALUATION AND AWARD Submitted proposals will be evaluated and scored based upon the following criteria: Criteria Points Assigned Credentials 10 Expertise of Designated Staff 10 Past Performance 20 20140814CityCouncilPacket Page 225 of 232 08/08/2014/jr1 Managerial Capabilities 10 References 15 Capability to Perform SOW 15 Price Proposals 20 The successful Proposer will be selected based upon the best response offered to the City. Proposers may be requested to give an oral presentation after submission of responses should the City find it necessary to determine which is best received. Proposal fees are to be good for a minimum of 90 days. REQUIRED INFORMATION: Please submit the following information in the order requested. 1. A bid sheet, W-9, vendor application, and affidavit located at the end of this RFP. 2. Name, address,phone number, fax number, and e-mail address of the person or firm submitting the proposal. Provide the name of the contact person and person authorized to contract for the firm. 3. The proposer's qualifications to meet the City's objectives and perform tasks listed in the proposal. This shall include the size of the firm, office location from which the service is being performed and nature of staff and equipment to be employed. Job descriptions and pay classifications of the proposer's positions and employees shall also be included. 3. Bids and all required or requested supplemental materials in compliance with this Request for Proposal shall be submitted as requested above. Supplemental materials will not be accepted after the Proposals have been opened unless requested by the City. SUBMIT PROPOSALS TO: City of Tybee Island, P.O. Box 2749, Tybee Island, Georgia 31328, Attention: Melissa Freeman, Finance Department. The outside of the envelope should be marked, "North Beach Restroom Consultation Bid Proposal Enclosed." OPENING OF PROPOSALS: DATE: EDT @ City Hall. The City of Tybee Island reserves the right to reject any and all proposals and to waive any formalities and make the award in the best interest of the City. INCURRED EXPENSES: 20140814CityCouncilPacket Page 226 of 232 08/08/2014/jr1 The City is not responsible for any expenses which proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs with travel, accommodations, interviews, or presentation of proposals. \no loc _ii , I__IIII‘ So AOIIIIIII 20140814CityCouncilPacket Page 227 of 232 08/08/2014/jr1 Friends of the Tybee Theater Regular Board Meeting May 15, 2014 Present: Bill Blakey, Rene DeRosset,Paul DeVivo, Keith Gay,Charlene Grissom,Sarah Jones,Jim Kluttz,Sloan Knudson, Rich Rutherford, Dick Smith, Dan Turberville,Alfie Waite and Barry Brown(Council Liaison) Absent: Richard Adams,Jenny Orr,Karen Penick and Greg Stoffler Invited Guest: Melissa Turner(Executive Director) Call to Order: Jim Kluttz called the meeting to order at 5:00 pm. Minutes: The minutes of the March 20th and April 17th board meetings were approved. Fundraising/Capital Campaign: Jim said the Theater had received the publically traded shares of stock that had been promised. The shares have been sold and the approximately$106,000 proceeds from the sale are now in the Theater's account at Vanguard. Sarah Jones is preparing a request for a Fox Institute Grant. If approved this grant will provide up to$30,000 to match funds we raise over a 9 month time period. The funding will go for the lobby and ticket booth at the Theater. Finance: Alfie distributed the April 30,2014 balance sheet and profit and loss statements for the one and four months then ended. He also distributed a comparison of results for the 4 months of 2014 versus the 4 months of 2013. Cash at April 30 was$214,000 including funds at Vanguard and we have minimal current liabilities. On the 2014 profit&loss YTD comparison April revenues were approximately$114,600 and net ordinary income was$108,900. Year to date net ordinary income was$134,400. A comparison of results for the first 4 months of 2014 versus 2013 shows total income up$112,300 and net ordinary income up by$106,500 Alfie said that our tax return was due today and we had filed for an extension,which has been approved. In connection with accessing the contributed funds now at Vanguard Jim said that the Theater should set up a separate checking account at The Savannah Bank to be used for"restoration funds." This would be a second account in addition to our current account there. The account there will now serve going forward to hold funds for"operations." After discussion the Board approved the opening of a second account at The Savannah Bank designated for"restoration funds." Signers on this second account,as on the"operations"account will be Jim Kluttz,Keith Gay,Alfie Waite and Bill Blakey. Event and Activities Recap: After discussion the Board voted to hold the 2015 Wine Festival on April 4,2015. Regarding the 2014 Wine Festival,results are not yet final(we are still waiting for some information from participants). We believe that there is more cash to come to the theater than those obligations that remain outstanding. Part of finalizing results will include a breakdown by event so we can focus on those which are most profitable for the theater. We also need to focus on staffing(for example having one Board member plus Volunteers per event)these events earlier. A wine festival volunteer"thank you"party was discussed. Building Update: Dick Smith had previously distributed an estimate from JT Turner to substantially complete the new building behind the theater. The total estimated cost was approximately$516,000. After discussion it was concluded that we would not move forward on that proposal until we have the theater open. Spending money like that now doesn't make sense when the focus should be on the inside of the theater and what is necessary to get a certificate of occupancy("CO"). The theater guys from Atlanta will be on Tybee next week to help map out what needs to be done on the inside,how to get that accomplished and what it will cost. That meeting will be next Wednesday at the Lighthouse and although it is a building committee meeting,all Board members are encouraged to attend. After discussion the building committee was authorized by the Board to interview both architects and contractors and solicit bids to perform the needed work on the interior as outlined by the Theater Guys. Once the committee has reached decisions of who we should hire for architectural and contractor services and has secured estimates that information will be forwarded to the Board for discussion and approval. With regard to what exactly is necessary to get a CO, Barry Brown indicated three basic requirements:mechanical,electrical and plumbing systems in place and functioning. Barry will coordinate with the appropriate city and county employees to flesh out specifics. 20140814CityCouncilPacket Page 228 of 232 08/08/2014/jrl Director's Report: Melissa discussed possible fund raising events: A concert at the Legion in July,a Tybee's Got Talent show,a relook at the Brew Fest. She discussed setting up an events committee on the Board. Melissa also plans to make sure going forward our events reflect the Theater as a brand. She also said she was going to travel to Springfield this week to visit with folks at the Springfield Theater,which is a 200 seat theater recently reopened there. Theater Seating Status: We currently have two possible alternatives to get rid of the old seats,seat covers and trash in the theater. There is the chance that we will earn up to$500 of scrap value on the removal of the seats. At the same time getting the trash out of the theater is absolutely necessary. We also need to make sure we have storage space available for the seats we now have that will eventually be put in the theater. These seats are in pretty good condition and the principal issue is the cost of installation which is about$25.00 per seat. Adjourned: 6:17 pm. 20140814CityCouncilPacket Page 229 of 232 08/08/2014/jrl 6-26-2014 Public Safety Committee Minutes Present— City Council— Wanda Doyle, Monty Parks, Bill Garbett Approval of 5-22-2014 PSC Minutes —Unanimous Old Business: 1- Truck Traffic on Lovell Avenue: a- Intersection Improvements at 1 1th & Lovell Avenue b- Truck Rout Signage Diane Schleicher—Presented oral review of improvements to be made at this intersection so large trucks can make the turn which consists of: Widen the shoulder of the road, Relocate Electric Pole, Relocate Stop Sign, Street Marker, and Install Sign to Indicate Trucks to Turn Right. Mike Hosti- I agree to relocate, electric pole, stop sign and street marker also pave shoulder of road on the NW corner. If this does not solve problems look into trucks turning at 10th and Lovell Avenue. 2- Police Patrol Vehicle: Models: 1- Upfront Cost 2- Outfitting Cost 20140814CityCouncilPacket Page 230 of 232 08/08/2014/jr1 3- MPG/Fuel Cost Diane Schleicher— Reviewed cost comparison of various vehicles Wanda Doyle — We should look at Ford Interceptor; we have received a good price from the Dealer. Kathryn Propst & Bill O'Brian— The Community Resource Committee Recommend the City purchase the Ford Fusion Hybrid equipped with Police Package Discussion by All Present Monty Parks — Spoke with New York City Shop and was informed the Ford Fusion Hybrid must be modified to be used as Police Vehicle. Chief Bryson— Explained the term "Police Package", Modifications, and what equipment must be installed in the vehicles such as siren, blue lights, computer etc. Michael Ashdown— To modify vehicles is very labor intensive Wanda Doyle — I recommend we purchase 3 Ford Interceptors equipped with police package and 1 Ford Fusion Hybrid equipped with police package. Monty Parks — I make a motion we purchase 3 Ford Taurus Interceptors equipped with police package and 1 Ford Fusion Hybrid equipped with police package. Bill Garbett - 2nd Wanda Doyle — Yes 20140814CityCouncilPacket Page 231 of 232 08/08/2014/jr1 3 —Update on Public Safety Building: a- Walkthrough of building site —postponed b- Removal of garbage in drainage site / Status and timeline Andy Hardaker—Elkins Construction - The fuel tank has been installed, Roof in almost complete, Electrical is on schedule. Another abandoned fuel tank was found when digging to install the new tank. This tank was removed and will be a charge but we felt it was cheaper to remove now than to wait and come back later. The construction of the Building is on schedule. New Business: 1- 14th and Jones Avenue —4 way stop sign request Residents who live in the vicinity of Jones Avenue and 14th Street spoke of why they feel Jones Avenue and 14th Street should be made a 4 way stop. The main reason presented was to prevent accidents since bushes block the view at the stop signs on 14th Street. Those speaking were Patricia Gibbs, Woody Williams and Marilyn Rosenberg. Bill Garbett — Make motion that Jones Avenue and 14th Street be a 4 way stop Monty Parks — Clear the bushes, I do not like the idea of installing more stop signs. Wanda Doyle — I vote to make Jones Avenue and 14th Street and 4 way stop. Motion Carried 2-1 to make this intersection a 4 way stop 20140814CityCouncilPacket Page 232 of 232 08/08/2014/jr1