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From: The City of Tybee Island Ethics Commission
To: Mayor, Council Members, and City Attorney
Re: Advisory Opinion: 05/19/2010
ISSUE: Should the current Ethics Ordinance (21-2008) be revised to include a requirement that
if a Council Member receives campaign contributions of $500 (five hundred) dollars or more,
that Council Member must recuse themselves from voting on issues that involve the contributor?
BASIS OF OPINION:
In the state of Georgia we are unaware of any local government that imposes a recusal
requirement in connection with campaign contributions based on the amount of the contribution.
Also, we are not aware of any case law dealing with this issue in those exact terms. Further, the
acceptance of consideration (consideration defined as money, contributions of time or non
monetary gifts to a campaign) in exchange for action on the part of a Council Member (such as a
vote) constitutes a bribe and this is already addressed by Georgia law and therefore it would be
redundant to place a campaign fund based recusal requirement on elected officials.
CONCLUSION:
After diligent review of past and present recusal requirements related specifically to campaign
contributions for the community of Tybee Island, Georgia, the City of Tybee Island Ethics
Commission elects not to act on the issue as related to recusal due to campaign contributions.
Therefore, we conclude campaign contributions should be disclosed as per Georgia state law and
this disclosure, which is a matter of record, can make it possible for the City of Tybee Island
Ethics Commission to conduct an investigation [at our initiation or the request of others] if
deemed necessary by the Tybee Island Ethics Commission to determine and then offer an
opinion to the Tybee Island City Council. This is in the event of allegations of conduct by a
City Council Member is believed to be, and evidence may be present to support a
recommendation by the City of Tybee Island Ethics commission that a Council Member (s)
recuse themselves. This applies only to issues within the scope of the authority established by the
By-Laws of the Tybee Island Ethics Commission.
ADDITIONAL INFORMATION:
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Since the inception of Ordinance 6-2007 in 2007, one of the many purposes of the Ethics
Commission has been to enhance the public's confidence in the integrity of the Tybee Island
government.
Embracing this purpose and its importance, members within The Commission who have
maintained political affiliations with local political support groups have chosen to eliminate their
affiliations with these groups in support of their sworn oath to the State of Georgia and the office
of the Ethics Commission.
The foundation for this action within the Ethics Commission is simple: it is our ardent goal to
always strive for an objective opinion about any official’s conduct and we would not wish any
decision we make to be misinterpreted as being rendered due to political and/or philosophical
differences.
We see this as a benefit to not only the city government of Tybee Island but its citizens as well.
In closing Mayor Buelterman and Council Members I want to thank you for giving "Budget"
consideration to the Ethic Commission's request for the City to have an independent attorney
available; in the event the City Attorney cannot advise us. And also for our request for funds so
as to provide additional training to the Ethics Commission..
Respectfully submitted,
Danny Hill (Chairman)
Tyler Marion (Vice-Chairman)
The City of Tybee Island Ethics Commission
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MAYOR
Jason Buelterman
CITY COUNCIL
Shirley Sessions, Mayor Pro Tem
Wanda D. Doyle
Bill Garbett
Frank Schuman, Sr.
Kathryn Williams
Paul Wolff CITY OF TYBEE ISLAND
CITY MANAGER
Diane Schleicher
CLERK OF COUNCIL
Vivian O. Woods
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by 10:00am the Friday prior to the
scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next
scheduled agenda.
Council Meeting Date for Request: May 27, 2010
Item: Monthly Financial Report – River’s End Campground & RV Park
Explanation: April Revenues & Expenditures & Projected May Revenues & Expenditures
__________________________________________________________________________________
__________________________________________________________________________________________
Budget Line Item Number (if applicable): N/A
Paper Work: Attached* Already Distributed
______ To Be Handed Out at Council Meeting (by Requester)
______ Audio/Video Presentation**
* Thirteen copies for packets must be provided with request.
** Audio/video presentation must be submitted to the IT department at City Hall
at least 48 hours prior to the meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Woody Hemphill, Campground Manager – River’s End Campground & RV Park
Phone / Email: 912-257-9890; whemphill@cityoftybee.org
Comments: ________________________________________________________________________________
__________________________________________________________________________________________
Date given to Clerk of Council 5/21/10
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River's End RV Park and Campground
Monthly Anticipated Revenues and Expense Report - 2010
April April May
River's End Revenues:Anticipated Actuals Anticipated
Camping $62,500.00 $59,660.60 $60,000.00
Cabins $6,000.00 $9,200.00 $9,000.00
Monthly/Tents $7,200.00 $8,485.20 $6,800.00
Reservations $18,000.00 $21,954.10 $17,000.00
Store Revenues $4,500.00 $7,274.79 $5,000.00
Misc. Revenues $500.00 $797.30 $500.00
Total Anticipated Revenues:$98,700.00 $111,252.04 $98,300.00
April April May
River's End Expenditures:Anticipated Actuals Anticipated
Total Personnel 15,000.00$ 18,523.89$ 15,000.00$
Total Services 9,000.00$ 7,582.37$ 9,000.00$
Total Supplies 11,000.00$ 9,544.23$ 11,000.00$
Total Capital Outlay 861.00$
Total Depreciation 861.00$ 861.00$
Total Debt Service Expense 47,200.00$ 47,200.00$ 47,200.00$
Total Anticipated Expenses:83,061.00$ 83,711.49$ 83,061.00$
River's End Guest Survey
Time Period: 5.17.09 - 5.17.10
Responses:
Rating Range: 1-5
Composite Scores:
Average Overall Rating 3.7 B-
Average Service Rating 4.3 B+
Average Facility Rating 4.3 B+
Average Site Rating 3.7 B-
Average Cabin Rating 5.0 A+
Average Restroom Rating 4.3 B+
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River's End Revenues:September September
Anticipated Goals
Camping 38,500.00$ 45,000.00$
Cabins 6,385.00$ 7,000.00$
Monthly/Tents 4,000.00$ 6,500.00$
Reservations 10,000.00$ 11,000.00$
Store Revenues 4,500.00$ 6,000.00$
Misc. Revenues 650.00$ 750.00$
Total Anticipated Revenues:64,035.00$ 76,250.00$
Total Deficit to Overcome 23,965.00$ 11,750.00$
River's End Revenues:September Goals Add'l Opportunities Goal Translation TOTAL NEEDED
CAMPING 21,413.95$ 1,000.00$ 476 Site Nights/30amp; 390
site nights/50amp
498 site nights/30 amp; 408
site nights 50amp
CABINS 3,280.00$ 1,000.00$ 44 site nights/$75; 28 site
nights/$120
58 site nights/$75; 36 site
nights/$120
MONTHLY/TENT 3,509.00$ 2,000.00$ BOOK MONTHLYS!WEEKEND FORECAST:(
GROC (Store)706.10$ 500.00$ FIREWOOD!MORE FIREWOOD!
ICE 181.21$ 250.00$ 85 bags 203 bags
PROPANE 641.31$ -$
RV SUPPLIES 239.35$ 250.00$
RESERVATIONS 4,766.50$ 1,000.00$
ELEC -$ -$
VEND 353.25$ -$
TROLLEY 275.00$ 300.00$ 11 tickets 23 tickets
OTHER REV 206.00$ 200.00$ 21 bike rentals 41 bike rentals
TOTAL DEPOSIT 34,212.86$ 6,500.00$
$5,250.00 Operating Deficit
River's End RV Park and Campground
Monthly Anticipated Revenues and Expense Report - 2009
* Add'l Opportunities compiled from distributing remaining $11,750 throughout higher performing trends and components performing well this month to be recognized through
remaining days of the month.
Store Revenue Goals & Milestones for Month of September
Total Park Operating Expenses for Month of September: $88,000
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Assessment of September:
1. The first half of the month of September has already seen historical monthly sales totals surpassed within the following sectors: Tents, Grocery, Ice, & RV Supplies. These
areas should continue to grow due to the expanded selection. 2. The following areas are areas of developmental need: Camping revenue (in-coming), Cabins, Propane,
Reservations. 3.) Poorly performing sectors or areas of growth opportunity within ancillary revenue sectors are Bike Rentals, Vending Revenue, and Trolley Ticket Sales. These
areas must be addressed immediately to ensure that revenue goals already maximized or limited by the drop or levelling of seasonal demand does not cause hardship for the park.
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ORDINANCE NO. 15-2010
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SEC. 2-81 PERTAINING TO RULES OF COUNCIL
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 it police, zoning,
and home rule powers, and
WHEREAS, the City of Tybee Island is authorized by ordinance to establish rules of
procedure for council meetings; and
WHEREAS, the existing ordinance provides that except as otherwise provided by
ordinance, rules shall be as provided in Robert’s Rules of Order; and
WHEREAS, council wishes to adopt rules that are less cumbersome and more easier
application than Robert’s Rules of Order;
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that Sec. 2-81 of the Code of Ordinances of the City of Tybee Island is hereby amended so
as to hereinafter provide as follows:
Sec. 2-81. Rules of procedure.
The mayor and council may, from time to time, adopt rules of procedure which shall
govern the conduct of meetings and procedures of the city council. A copy of all such
rules shall be maintained by the clerk of council at all times.
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such
intention.
This Ordinance shall become effective on ________ day of __________________, 2010.
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ADOPTED THIS DAY OF , 2010.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
EMH/TYBEE/ORDINANCES/2010/15-2010/Rules of Council 05.19.10
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RESOLUTION
WHEREAS, the Charter of the City of Tybee Island expressly authorizes the
adoption of rules of procedure in Section 2.20 thereof; and
WHEREAS, the Charter establishes the procedure for the adoption of ordinances
and states when an ordinance is required; and
WHEREAS, the Code of Ordinances provides at Section 2.81 that except as
otherwise provided by ordinance, the procedure of council shall be governed by Robert’s
Rules of Order; and
WHEREAS, in order for council to adopt rules inconsistent with Robert’s Rules
of Order, an ordinance amending Section 2-81 is appropriate; and
WHEREAS, the Mayor and Council believe that the procedures provided in
Robert’s Rules of Order are cumbersome and needlessly difficult of interpretation and
that the City will be better served by a set of straight forward rules and procedures
adapted to the needs of the City.
NOW, THEREFORE, the Council, pursuant to the power vested in it, does hereby
adopt the following resolution:
The City Counsel is amending its Rules of Procedure as described in this
Resolution. An Ordinance will be prepared so as to alter the provisions of Section 2-81.
Upon amendment of the ordinance, the following set of rules shall be in effect upon the
adoption by Council of this Resolution and the ordinance amendment until such time as
the Rules are amended or new rules adopted.
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Sec. 1. General Rules.
These rules are intended to supplement and not to replace in any manner the
Charter of the City or the ordinances of the City. Many topics frequently addressed in
rules are covered by existing ordinances and the Charter and are not necessary to address
herein.
Sec. 2. Conduct of Meetings.
2.1. Existing Rules.
Meetings shall be conducted as prescribed in the ordinances and Charter
of the City.
2.2 Chairman.
. The mayor shall serve as chairman of all meetings. The mayor or, in the
mayor’s absence, the mayor pro tem shall preside at the meetings. In the absence of both
the mayor and the mayor pro tem, the council shall elect a chairman to so preside.
2,3 Preservation of Order.
The chairman shall preserve order and decorum, prevent attacks on
personalities or the inpunging of members’ motives and confine members in debate to the
question under discussion.
2.4 Points of Order.
The chairman shall determine all points of order subject to the right of any
member to appeal to the council. If an appeal is taken, the question shall be “Shall the
decision of the chairman be sustained?”
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2.5 Questions to be Stated.
The chairman shall state all questions submitted for a vote and announce
the result. A roll call vote shall be taken upon the request of any member.
Sec. 3. Order of Business and Agenda.
3.1 Consent Agenda.
Council shall meet and consider items that can be placed on a consent
agenda for unanimous action during the business portion of the regular meeting.
3.2 Structure.
The structure of the agenda shall be as determined by the mayor and
council from time to time.
Sec. 4 Ordinances, Resolutions and Motions.
4.1. Form and Introduction.
Ordinances and resolutions, including amendments to existing ordinances,
shall be presented to council only in printed or typewritten form. An ordinance is to be
considered introduced when provided to the clerk of council and all council members in
attendance at a meeting. Emergency actions and ordinances shall be addressed and
adopted as provided in the Charter.
4.2. Funding.
All ordinances authorizing expenditure of money shall include the exact
source of the funds to be expended.
4.3. Request for Staff Recommendations.
Council may request staff to provide written recommendations with regard
to any ordinance under consideration.
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4.4. Ordinances and Amendments under Consideration.
A properly introduced ordinance or an amendment to an ordinance shall
require a first and second reading for adoption. First and second readings may not be
held on the same date an ordinance is introduced but a previously introduced ordinance
may be adopted by first and second reading on the same date.
In connection with adopting an ordinance, upon its first reading, it is only
necessary for the caption thereof to be read aloud unless some member of council
requests that the entire ordinance be read or that particular sections be read in their
entirety. After the first reading of an ordinance, or the caption thereof, it shall only be
necessary at a subsequent meeting concerning the adoption of such ordinance that any
changes be referred to unless some member of council requests that the entire ordinance
or change be read aloud.
Changes of any nature may be made to a proposed ordinance following its
first reading and the ordinance may be approved and adopted upon second reading unless
a majority of council determines that the changes are of such a degree that additional
reading(s) should be required.
4.5. Actions by the Mayor and Council.
An affirmative vote of at least a majority of the members of council
present shall be necessary to pass an ordinance, resolution, motion, or any other
proposition except as otherwise specified in the charter or Georgia law. Unless otherwise
specifically required by state law, no action by council shall require more than a majority
vote of those members present and entitled to vote thereon participating.
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4.6. Motions and Seconds.
Any motion by any member of council shall require a second before
proceeding further. A motion that is not supported by a second ends the matter and the
motion fails. Following action on a motion, a new motion on the same subject may be
made but is not necessarily required and the failure to pass a motion to approve is the
equivalent of a denial of the application.
4.7. Motions to Reconsider.
Actions by council, including ordinances, may be reconsidered unless
otherwise provided by state law, only in accordance with the following procedure: A
member of council who voted in the majority of those voting on the topic, before the
adjournment of the meeting at which the vote takes place or the very next meeting, makes
a motion to reconsider or to reconsider and “lay on the table.” A motion to reconsider
shall be taken up when made and, if seconded, voted upon. When a motion for
reconsideration is passed, the topic under consideration is to be addressed at that time and
action taken in accordance with the normal procedures. Motions for reconsideration and
to lay on the table, if passed, shall require that the matter under consideration be
addressed at the next council meeting. Following action on a motion for reconsideration
and/or reconsideration to lay on the table, the matter shall be concluded.
4.8. Signing of Ordinances.
When passed by council, an ordinance shall be signed by the presiding
officer and attested by the clerk of council, and shall be immediately filed and thereafter
preserved in the office of the clerk of council.
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4.9. Public Hearings.
A majority of council may, by motion and vote, determine to hold an
official public hearing on any ordinance, resolution, motion, or other action of council on
any matter on an agenda. Public hearings shall be provided on zoning matters as required
by law.
4.10. Abstentions and Recusals.
For the purpose of action by the council, an abstention consists of the
failure of a qualified council member to vote on a matter before the council. A recusal
occurs when a council member is either not authorized to vote or declines to vote based
on ethical considerations, such as an interest in the subject matter or a relationship to an
interested party. Abstentions are counted as an affirmative vote (see also Sec. 2.21 of the
Charter.). Recusals are not counted as a vote.
Sec. 5. Creation of Committees, Board Members and Commissions.
The council shall create committees, boards and commissions to assist in the
conduct of the operation of the city government with such duties as the council may
specify not inconsistent with the city charter or the city code of ordinances.
5.1. Membership and Selection.
Membership and selection of members shall be as provided by council if
not specified by the city charter or the code of ordinances. Any committee, board, or
commission so created shall cease to exist upon the accomplishment of the special
purpose for which it was created, or when abolished by a majority vote of the council.
No committee so appointed shall have powers other than advisory to the council or to the
city manager, except as otherwise specified by the charter or code of ordinances.
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5.2.
Ex officio members of council may serve on committees as liasons for the
mayor and council but shall be non-voting members of such commissions or boards. City
council may seek input from existing committee members or the heads of any existing
committee in connection with filling vacancies in the membership of any such
committee, commission, or board.
The council may remove any member of any board, commission, or
authority which it has created by the city charter by a vote of at least a majority of council
unless otherwise provided by ordinance.
Sec. 6. Citizen’s Rights at Meetings.
6.1. Addressing Council.
Any person desiring to address the council by oral communication shall
request to be on the agenda as a visitor in accordance with procedures established by the
clerk of council. Members of the public shall also be permitted to address council on
matters on the council agenda. The time for addressing councils hall be established by
council and shall generally be three (3) minutes per speaker, with a maximum of five (5)
minutes, unless otherwise directed by council at the commencement of a meeting.
6.2. Manner of Addressing Council.
Each person addressing council shall step up to the microphone, give his
or her name and address for the record. All remarks shall be addressed to the council as a
body, and not to any particular member thereof nor to the public. No person, other than
members of council and the person having the floor, shall be permitted to enter into any
discussion, either directly or through members of the council.
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6.3. Personal and Slanderous Remarks.
Any person making personal, impertinent, or slanderous remarks, or who
shall become boisterous while addressing the council, may be requested to leave the
meeting and may be forthwith, by the chair of the meeting, barred from further audience
before the council on the matter under discussion.
Sec. 7. Suspension and Amendment of these Rules.
7.1.. Suspension of Rules.
Any provision of these rules not governed by the city charter or code of
ordinances may be temporarily suspended by a vote of a majority of the council. The
vote on any such suspension shall be of record on the minutes of the meeting.
7.2. Amendment of Rules.
These rules may be amended, or new rules adopted, by a majority vote of
all members of council present at any meeting, provided that the proposed amendments
or new rules shall have been introduced into the record at a prior council meeting.
Optional 4.
All motions except the following are subject to debate: a motion to
adjourn; a motion to recess; a motion to table with or without a specific time for the
return of the item; a motion to limit debate or to call for the question. Although not
debatable, each of these motions requires a second and succeeds if passed by a majority
of the members present provided a quorum is present.
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SO RESOLVED,
This _______ day of _________________, 2010.
______________________________
Jason Buelterman, Mayor
ATTEST
____________________________
Vivian Woods/Clerk of Council
EMH/Tybee/14536/Resolutions/Rules and Procedures 05.19.10 10-08 am
EMH/Tybee/156-Rules of Council/Resolution –Rules and Procedures 05.19.10 1-48 pm
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ORDINANCE NO. 15-2010
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SEC. 2-81 PERTAINING TO RULES OF COUNCIL
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 it police, zoning,
and home rule powers, and
WHEREAS, the City of Tybee Island is authorized by ordinance to establish rules of
procedure for council meetings; and
WHEREAS, the existing ordinance provides that except as otherwise provided by
ordinance, rules shall be as provided in Robert’s Rules of Order; and
WHEREAS, council wishes to adopt rules that are less cumbersome and more easier
application than Robert’s Rules of Order;
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that Sec. 2-81 of the Code of Ordinances of the City of Tybee Island is hereby amended so
as to hereinafter provide as follows:
Sec. 2-81. Rules of procedure.
The mayor and council may, from time to time, adopt rules of procedure which shall
govern the conduct of meetings and procedures of the city council. A copy of all such
rules shall be maintained by the clerk of council at all times.
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such
intention.
This Ordinance shall become effective on ________ day of __________________, 2010.
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2
ADOPTED THIS DAY OF , 2010.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
EMH/TYBEE/ORDINANCES/2010/15-2010/Rules of Council 05.19.10
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ORDINANCE NO. 16-2010
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
REGARDING ARTICLE 15, SOIL EROSION AND SEDIMENTATION CONTROL
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 it police,
zoning, and home rule powers,
WHEREAS, the City of Tybee Island desires to clarify the Ordinance relating to
soil erosion and sedimentation control.
NOW, THEREFORE, be it ordained by the governing authority of the City of
Tybee Island that the attached Article 15, Soil Erosion and Sedimentation Control, be
adopted in full as the ordinance of the City and the existing soil erosion and
sedimentation control ordinance be and is hereby repealed in its entirety.
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become and be made a part of the Code of Ordinances,
City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if
necessary to accomplish such intention.
This Ordinance shall become effective on ________ day of
__________________, 2010.
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ADOPTED THIS ____ DAY OF ___________________, 2010.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: _______
SECOND READING: _______
ENACTED: _______
EMH/Tybee/Ordinances/2010/16-2010-soil erosion and sedimentation control 05.19.10
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ORDINANCE NO. 07-2010
AN ORDINANCE TO AMEND THE TEXT OF THE CODE OF ORDINANCES
REGARDING PUDS
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, a number of planned unit development districts (PUD’s) are located
within the City of Tybee Island, Georgia as reflected in the City’s Land Development
Code and the City’s official zoning map, and
WHEREAS, the City’s official zoning map identifies Gulick Row as one of the
PUD’s located within the City, and
WHERAS, the City Council re-zoned Gulick Row from R-1 to PUD at the City
Council meeting held on March 10, 1982, and
WHEREAS, the text of subsection 04-050(K) of the City’s zoning ordinance lists
planned unit development districts existing within the City but, through inadvertence,
omits Gulick Row as one of the existing PUD’s within the City, and
WHEREAS, as a result of certain litigation, to wit: Civil Action No. CV06-2275-
FR, Live Oak Group, LLC v. the City of Tybee Island, et. al. in the Superior Court of the
Eastern Judicial Circuit, the court has determined that the property in Gulick Row is in
fact a PUD, and
WHEREAS, in order to correct the ordinance of the City, the text of the
ordinance, 4-050(K) should be amended so as to expressly state that Gulick Row is one
of the existing PUD’s.
NOW, THEREFORE, be it ordained by the governing authority of the City of
Tybee Island that hereafter subsection 4-050(K) should read as follows:
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PUD Planned Unit Development Districts. The existing planned unit development
districts, at the time of the adoption of the ordinance from which this section is derived,
shall remain. No further planned unit development district shall be created. The existing
planned unit development districts are Northshore Subdivision, Seaside Colony,
Oceanside Dunes, Oceanview Townhomes, and Gulick Row.
This Ordinance shall become effective on ________ day of
__________________, 2010.
ADOPTED THIS ____ DAY OF ___________________, 2010.
______________________________
___
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: _______
SECOND READING: _______
ENACTED: _______
G:/EMH/TYBEE/ORDINANCES/07-2010/PUDTextAmendment 03.11.10
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ORDINANCE NO. 10-2009-B (amended 4/27/10)
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SECTION 34-3 PERTAINING TO PRIVATE PARKING LOTS
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,
WHEREAS, it is necessary to amend the Code of Ordinances pertaining to private
parking lots so as to expand the times of use permissible for such so that the following changes
shall be made in Section 34-3.
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that Code Section 34-3 regarding private parking lots is amended so as to hereafter
provide as follows:
Section 34-3 Private Parking Lots
Notwithstanding any other ordinance or provision to the contrary, individuals owning
property suitable for vehicular parking may apply to the city for a business license so as to
authorize them to charge for parking on their property, regardless of the zoning of the property
so long as the property abuts a public road, during such times as may be established by the
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Mayor and Council or authorized City staff. In general those times shall be in connection with
special events or holiday weekends or holidays and the heavy tourist season and shall include all
dates from St. Patrick’s Day through Labor Day and such license shall authorize the holder
thereof to rent out parking spaces solely on the holder’s property between the hours of 08:00 a.m.
and 09:00 p.m., or the duration of the event, the weekend or holiday, all as stated on the license.
It shall be unlawful to rent spaces in any district without a valid business license issued by the
City of Tybee Island.
With submittal of the application for business license, each applicant must provide the
City with a professional survey of the lot or lot corner demonstration which is to be used along
with a site plan of the location showing the parking spaces and structure location that will be
rented. In addition, these submittals are required to have a scaled drawing of the parking spaces
to be located upon the proposed location. After the submittal of the application, staff shall have
the authority to recommend to Council a maximum number of spaces allowed to be utilized at
the requested parking lot. Upon submittal of the applications and all pertinent materials, the
Mayor and council will hear the request for application at their next regularly scheduled meeting
of the City Council. Public comments, if any, will be allowed to be made at these meetings and
allow for property notification to adjacent property owners of the application.
Council may reject any such application or may approve the application with conditions
designed to protect neighboring properties & households including, but not limited to, restricting
the number of vehicles allowed to be parked on site, the location of vehicle parking, the type of
vehicles permissible for the location, the hours of operation, the requirement of security
measures, buffers, noise control methods & any other condition or requirement reasonably
designed to lessen the impact of the activity upon other properties or citizens.
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Each license to operate a private parking lot on Tybee Island will be subject to an annual
review for compliance. If compliance is not met, the license may be revoked by City Council
upon a hearing that will take place during a regularly scheduled City Council meeting.
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such
intention.
This ordinance shall be become effective on _______ day of ________, 2010.
ADOPTED THIS ____ DAY OF ______, 2010.
______________________________
MAYOR
ATTEST:
__________________________
CLERK OF COUNCIL
FIRST READING: _____
SECOND READING: _____
ENACTED: _____
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[Lease ID] MT-3 ASL
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
Site ID: [site id]
Site Address: [site address]
[AMEND #] AMENDMENT TO [ORIGINAL LEASE AGREEMENT NAME]
THIS [AMEND #] AMENDMENT TO [ORIGINAL LEASE AGREEMENT NAME]
(“[Amend #] Amendment”) is entered into as of [papering date], by and between [insert current
landlord’s name], [type of entity], as successor in interest to [landlord predecessors] (together with
successors and assigns, “Landlord”), and Md7 Capital Three, LLC, a Delaware limited liability
company (together with successors and assigns, “Tenant”). The effective date of this [Md7 Amend #]
Amendment to [original lease agreement name] is [assign CD] (“Effective Date”).
RECITALS
WHEREAS, Landlord and [original T-Mobile tenant’s name], a [type of entity], [as
predecessor in interest to [current T-Mobile tenant name]] (“T-Mobile Tenant”), entered into that certain
[original lease agreement name] dated [lease agreement date] as amended [by a(n) name of amendment
dated x/x/xx] (collectively, the “Lease”), whereby Landlord leased to T-Mobile Tenant certain premises
described therein, together with all other space and access and utility easements utilized by T-Mobile
Tenant pursuant to the terms of the Lease (the “Premises”), that are a portion of the property located at
[site address] (the “Property”);
WHEREAS, on [papering date of Assignment Agreement], T-Mobile Tenant and Tenant entered
into a lease assignment agreement, whereby T-Mobile Tenant assigned, and Tenant assumed, all of T-
Mobile Tenant’s rights and obligations as the tenant under the Lease and the parties simultaneously
entered into a sublease agreement (the “T-Mobile Sublease”) whereby T-Mobile Tenant is subleasing the
Premises from Tenant (T-Mobile Tenant, as subtenant under the T-Mobile Sublease, “T-Mobile
Subtenant”) and T-Mobile Subtenant has agreed to a rent lock-in period that runs concurrently with the
Rent Lock-In Period (defined below);
WHEREAS, Tenant desires a reduction in its base rent obligations under the Lease and Landlord
is willing to reduce Tenant’s base rent obligations under the Lease, provided Tenant commits to pay base
rent to Landlord for the Rent Lock-In Period;
WHEREAS, Landlord and Tenant desire to extend the term of the Lease and to add additional
renewal terms to the Lease; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease to
accomplish the foregoing on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing Recitals which are incorporated herein
by this reference, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Landlord and Tenant hereby agree:
1. Lease Amendment Provisions. The following provisions hereby modify the Lease:
a. Term. The current term of this Lease is amended such that, commencing on [Assign
CD] (the “Rent Modification Date”), the term shall continue for twenty-five (25) years, expiring on
[new expiration date]. (the “Modified Term”). Rent for any partial month or partial year of the current
term prior to the Rent Modification Date shall be prorated.
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[Lease ID] MT-3 ASL
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
b. Renewal Terms. Upon the expiration of the Modified Term, the term of this Lease will
be automatically renewed for up to [number of renewal terms] additional and successive five (5)-year
terms (each a “Renewal Term”) without further action by Tenant on the same terms and conditions of
this Lease, unless Tenant provides written notice to Landlord of its intention not to renew this Lease at
least thirty (30) days prior to the end of the Modified Term or Renewal Term, as applicable.
c. Modification of Rent. Commencing on the Rent Modification Date, the base rent payable
under this Lease during the Modified Term and any and all Renewal Terms (“Rent”) shall be made in the
amounts and frequency as designated on Schedule II attached hereto and incorporated herein (“Rent
Payment Schedule”).
d. Rent Lock-In Period. Tenant hereby agrees that Tenant will be obligated to pay the Rent
due hereunder for the ten (10) year period immediately following the Rent Modification Date (the “Rent
Lock-in Period”), and such obligation will not be subject to offset or abatement by Tenant, or adversely
impacted by termination of this Lease by Tenant, except in the event of a termination by Tenant as
permitted by this Section 1(d). Notwithstanding the foregoing, or any term or condition to the contrary in
this Lease, Tenant shall have the right during the Rent Lock-In Period to immediately terminate the Lease
upon written notice to Landlord, if Tenant’s (or any subtenant’s) rights to occupy or use the Premises for
Tenant’s (or any subtenant’s) intended telecommunications purposes are impaired at any time due to: (i)
any bankruptcy or insolvency proceeding involving Landlord or any affiliate of Landlord; (ii) any
uncured default, gross negligence or willful misconduct of Landlord; (iii) any casualty damage; (iv) any
taking or condemnation under the power of eminent domain; (v) any tax sale, foreclosure or other similar
proceeding; or (vi) any other material interference by Landlord to Tenant’s (or any subtenant’s) use of the
Premises]. In the event of any such termination, except for obligations that survive termination under this
Lease, Tenant shall have no further duty or obligation under this Lease, including, without limitation, any
obligation to pay any Rent that would otherwise have been due for the remainder of the Rent Lock-In
Period following the date of termination. Without limiting any other termination right of Tenant, at any
time after the Rent Lock-in Period, Tenant may, at any time and for any reason, terminate this Lease upon
thirty (30) days written notice to Landlord.
e. Quiet Enjoyment. At all times during the Modified Term and any Renewal Terms of this
Lease, Landlord covenants and warrants to Tenant that Tenant’s quiet enjoyment of the Premises or any
part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure
period.
f. Indemnity. Landlord and Tenant each agree to indemnify and hold harmless the other
party from and against any and all claims, damages, costs and expenses, including reasonable attorney
fees, to the extent caused by or arising out of: (i) the negligent acts or omissions or willful misconduct in
the operations or activities on the Premises by the indemnifying party or the employees, agents,
contractors, licensees, tenants and/or subtenants of the indemnifying party or (ii) a breach of any
obligation, representation or warranty of the indemnifying party under this Lease. The indemnifying
party’s obligations under this section are contingent upon its receiving prompt written notice of any event
giving rise to an obligation to indemnify the other party and the indemnified party’s granting it the right
to control the defense and settlement of the same. This indemnity provision shall survive the expiration
or early termination of this Lease.
g. Recognition Agreement. Landlord agrees to execute, acknowledge and deliver to Tenant
for the benefit of T-Mobile Subtenant a recognition agreement in the form of Exhibit A attached hereto
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[Lease ID] MT-3 ASL
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and incorporated herein, which instrument may be recorded by Tenant or its subtenant in the land records
for the recording jurisdiction in which the Property is located (“Recognition Agreement”).
h. T-Mobile Sublease. Landlord acknowledges that, simultaneously with the execution of
this [Amend #] Amendment, Tenant is entering into the T-Mobile Sublease with T-Mobile Subtenant and
that Landlord shall enter into a Recognition Agreement with T-Mobile Subtenant. Landlord agrees that,
notwithstanding any provision of this Lease to the contrary, no sublease rents or other additional rent
payments shall be due to Landlord from either Tenant or T-Mobile Subtenant in connection with the T-
Mobile Sublease.
i. Notices. All notices under this Lease shall be in writing and shall be deemed effective,
even if refused or returned undelivered, if the same is given by first class, certified or registered mail,
return receipt requested, or sent by a nationally recognized overnight courier, postage prepaid and
addressed to the party to whom notice is to be given, at the address indicated herein (“Notice”). Either
party may change its address for Notice, or provide additional addresses for Notice by ten (10) days prior
written Notice to the other as provided herein:
Landlord’s Address:
[landlord’s name and address]
Send Rent Schedule Payments
to:
[payee name and address]
Tenant’s Address:
Md7 Capital Three, LLC
3721 Valley Centre Drive
Suite 303
San Diego, CA 92130
Attn: Legal Department
T-Mobile Subtenant’s Address:
[TMO name and notice address]
With a copy to:
[TMO copy to name and
address]
During the term of the T-Mobile Sublease, for ordinary course, day-to-day, operational issues relating to
the use, occupancy, maintenance and repair of the Premises, Landlord shall communicate directly with T-
Mobile Subtenant in the manner set forth in this Lease as though T-Mobile Subtenant were the tenant
under this Lease and in accordance with applicable operating rules and regulations and local custom.
Landlord shall provide Tenant with copies of all correspondence to and from T-Mobile Subtenant. In
addition, T-Mobile Subtenant shall be copied, pursuant to the notice instructions above, on any delinquent
rent notices or termination notices at the same time such notice is delivered to or by the Landlord or
Tenant, as applicable, under this Lease.
j. Equitable Remedies. In addition to the remedies available to Tenant under this Lease,
Tenant also shall have the right to enforce this Lease by specific performance, injunction, appointment of
a receiver and any other equitable rights and remedies available to Tenant under the law, it being
acknowledged by Landlord that money damages may not be an adequate remedy for the harm caused to
Tenant by a breach or default by Landlord under this Lease.
k. Landlord Assignment; Successors and Assigns. Landlord shall have the right to assign or
otherwise transfer this Lease upon written notice to Tenant in the event, and only in the event, of a sale of
the entire Property to a third party. In all other circumstances, the prior written consent of Tenant (and
any subtenant of the entire Premises) shall be required for any other assignment or transfer by Landlord of
this Lease; for purposes of clarity and without limitation upon the foregoing, Landlord shall not have the
right to: (i) assign or transfer this Lease or any rents or other income associated with this Lease or (ii)
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[Lease ID] MT-3 ASL
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
grant any easement rights in or over all or any part of the Premises separate and distinct from a transfer of
Landlord’s entire right, title and interest in the Property, in either case without the prior written consent of
Tenant (and any subtenant of the entire Premises), which consent may be withheld in the sole discretion
of Tenant (and any subtenant of the entire Premises). Subject to the foregoing, this Lease shall run with
the land, and shall be binding upon and inure to the benefit of the parties, their respective successors,
personal representatives and assigns.
2. Landlord Required Consents. Landlord represents and warrants that Landlord has obtained all
required consents in connection with entering into this [Amend #] Amendment (including, without
limitation, all master landlord, lender and secured party consents, if applicable).
3. Other Terms and Conditions Remain. The Lease is amended to incorporate all the provisions
set forth on Schedule I attached hereto and incorporated herein, if applicable. In the event of any
inconsistencies between the Lease and this [Amend #] Amendment, the terms of this [Amend #]
Amendment shall govern and control. Except as expressly set forth in this [Amend #] Amendment, the
Lease is otherwise unmodified and remains in full force and effect.
4. General Provisions.
a. Landlord acknowledges that Landlord has read and understands this [Amend#]
Amendment and the underlying Lease.
b. This [Amend #] Amendment may be executed in multiple counterparts and signatures
sent by facsimile or email may be treated as original signatures.
c. The parties agree to cooperate with each other to sign, within ten (10) business days
following the written request of the other party, a Short Form/Memorandum/Notice of [original
agreement name]/ Short Form/Memorandum/Notice of Amendment to [original agreement name] in the
form of [Exhibit B and C] attached hereto and incorporated herein.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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[Lease ID] MT-3 ASL
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute and deliver this [Amend #] Amendment effective as of the date set forth above.
LANDLORD:
[Landlord Name]
By:
Print Name:
Title:
TENANT:
Md7 Capital Three, LLC, a Delaware limited
liability company
By:
Print Name:
Title:
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[Lease ID] MT-3 ASL
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
Schedule I
Additional Lease Terms and Conditions
The following provisions shall amend the Lease:
1. Expansion of Permitted Use. Landlord hereby agrees that Tenant shall have the right,
without the requirement of obtaining Landlord’s consent, to modify, supplement, replace, upgrade,
expand or refurbish the equipment related to Tenant’s communications facility (“Communications
Facility”), increase the number of antennas thereon, modify its operating frequencies or relocate the
Communications Facility within the Premises at any time during the term of this Lease or any Renewal
Term. Landlord shall cooperate with Tenant in all respects in connection with the foregoing. If Landlord
does not comply with the terms of this section, Tenant may exercise all of its rights and remedies under
law or equity, including, without limitation, terminating this Lease and, upon such termination, shall have
no further liability to Landlord.
2. Expansion of Premises. Landlord grants Tenant the right, on a space available basis, to
enlarge the Premises (the “Additional Premises”), so that Tenant may implement any necessary
modifications, supplements, replacements, refurbishments or expansions to the Communications Facility
or to any equipment related thereto, as determined by Tenant in its sole discretion. In the event Tenant
requires Additional Premises for such purposes, the monthly Rent payable for such Additional Premises
shall be the lesser of the then current monthly per square foot rent or [One Dollar and Fifty Cents ($1.50)]
per square foot (the “Additional Premises Rent”). The Additional Premises Rent shall be compensation
for space utilized by the expansion of Tenant’s room/cabinet/ground area and for expansion of the
antenna area(s) beyond the Premises, but Tenant’s addition of coaxial cables, raceways, conduits and
other ancillary equipment and such related space usage, shall not require or result in Additional Premises
Rent or any other compensation to Landlord. The Additional Premises Rent shall be payable to Landlord
at the times and in the manner set forth in this Lease for payment of Rent and shall be subject to
adjustment (if applicable) from time to time in the same manner and percentage set forth in this Lease for
adjustments to Rent, if any. Landlord agree to take such actions and enter into and deliver to Tenant such
documents as Tenant reasonably requests in order to affect and memorialize the lease of the Additional
Premises to Tenant. Landlord and Tenant agree that each and every reference in this Lease to the
“Premises” shall also include the “Additional Premises” (if any).
3. Access. Without limiting the generality of any other right available to Tenant under this
Lease, Landlord hereby grants and confirms unto Tenant, and to any public or private utility serving the
Premises and/or the Communications Facility or related equipment, access to the Premises and over the
Property, twenty-four hours per day, seven days per week (24/7), including, without limitation, access to
and from an accessible, open and maintained public road to the Premises, for the installation,
maintenance, repair, modification, alteration, or refurbishment of the Communications Facility or any
equipment or service related to such Communications Facility as such access is deemed necessary by
Tenant, in its reasonable discretion, without the requirement of notice by Tenant to Landlord. In the event
that any public or private utility serving the Communications Facility is unable to use the access provided
by Landlord, then Landlord hereby agrees to grant additional access to Tenant or to such public or private
utility, for the benefit of Tenant, at no cost to Tenant and pursuant to the same terms and conditions as
noted above.
4. Reasonableness. If any consent, authorization or approval of either party is required or
requested by the other party under or in connection with this Lease, such approval, consent or
authorization shall not be unreasonably withheld, conditioned or delayed.
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[Lease ID] MT-3 ASL
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5. Assignment and Subleasing.
a. Tenant shall have the right to assign or otherwise transfer this Lease (including all
easements, rights and obligations thereunder) upon written notice to Landlord. Upon assignment, Tenant
shall be relieved of all liabilities and obligations under this Lease, and Landlord shall look solely to the
assignee for performance of all obligations under this Lease.
b. Tenant may sublease the Premises without notice to or consent from Landlord.
c. Tenant shall have the right to sublease the Premises and/or assign, sell, pledge or
otherwise transfer any and all of its rights, title or interests in, to or under this Lease to any pledgees,
mortgagees, holders of security interests, trustees, lenders or other parties providing financing to Tenant
(individually, “Secured Party”), without the prior consent of Landlord. Landlord and Tenant agree that
any Secured Party shall be a third party beneficiary of all of the rights of Tenant under this Lease and
shall be entitled to record a deed of trust or mortgage to secure its interest under this Lease.
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[Lease ID] MT-3 ASL
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Schedule II
Rent Schedule Payments
RENEWAL TERM/RENT SCHEDULE TABLE HERE
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[Lease ID] MT-3 ASL
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EXHIBIT A
Recognition Agreement
(attached)
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[Lease ID] MT-3 ASL
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EXHIBIT B
Short Form/Memorandum/Notice of [original agreement name]/
(attached)
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[Lease ID] MT-3 ASL
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EXHIBIT C
Short Form/Memorandum/Notice of Amendment to [original agreement name]
(attached)
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[Lease ID] MT-2 RA
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
[INSERT STATE-SPECIFIC HEADER HERE]
RECOGNITION AGREEMENT
THIS RECOGNITION AGREEMENT (“Agreement”) is entered into as of [papering date], by
and among [current landlord’s name], a [type of entity] , as successor in interest to [landlord
predecessors] (“Landlord”), whose mailing address for notices is [landlord notice address], [current T-
Mobile tenant’s name], a [type of entity], as successor in interest to [insert tenant predecessors] (“T-
Mobile Subtenant”), whose mailing address for notices is [T-Mobile notice address], and Md7 Capital
Three, LLC, a Delaware limited liability company (“Tenant”), whose mailing address for notices is
3721 Valley Centre Drive, Suite 303, San Diego, California 92130. The effective date of this agreement is
[assign CD] (“Effective Date”).
RECITALS
WHEREAS, Landlord and Tenant are parties to that certain [title of original lease agreement]
dated [original lease agreement date], as [amended by a(n) name of amendment dated x/xx/xx and further]
amended by that certain [Amend #] Amendment to [title of original lease agreement] dated [papering
date] (as supplemented and amended from time to time, collectively, the “Lease”), which demises certain
premises located at [site address] (“Premises”), as more particularly described on Exhibit A attached
hereto and incorporated herein;
WHEREAS, pursuant to the terms and conditions of the Lease, the “Modified Term” of the
Lease expires on [new expiration date] (the “Lease Expiration Date”), and Landlord has agreed to
modify the Rent (as defined in the Lease) due under the Lease in exchange for a Rent Lock-In Period (as
defined in the Lease);
WHEREAS, Tenant is subleasing the Premises to T-Mobile Subtenant pursuant to that certain
Site Sublease and Assignment Agreement between such parties (as supplemented and amended from time
to time, the “T-Mobile Sublease”);
WHEREAS, pursuant to the terms and conditions of the T-Mobile Sublease, T-Mobile Subtenant
enjoys all of the rights of Tenant under the Lease during the term of the T-Mobile Sublease and T-Mobile
Subtenant has agreed to perform all of the obligations of Tenant under the Lease other than the payment
of Rent; and
WHEREAS, Landlord, T-Mobile Subtenant and Tenant have agreed to enter into this Agreement
on the terms and conditions set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein
by reference and of the mutual covenants herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. T-Mobile Sublease Permission. Landlord hereby acknowledges and agrees that the T-
Mobile Sublease is permitted under the terms and conditions of the Lease.
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2. Recognition; Nondisturbance. Landlord agrees that T-Mobile Subtenant shall be a third
party beneficiary under the Lease, and hereby recognizes T-Mobile Subtenant's rights to use, possess and
enjoy the Premises pursuant to the T-Mobile Sublease as being valid and enforceable rights. Landlord
agrees not to disturb or interfere with any of T-Mobile Subtenant’s rights to use, possess or enjoy the
Premises at any time prior to the Lease Expiration Date, for any reason, provided that T-Mobile Subtenant
timely cures any T-Mobile Subtenant Default (defined below). Landlord further agrees to recognize and
accept: (a) T-Mobile Subtenant’s exercise of all rights and options under the Lease on behalf of Tenant as
tenant thereunder (including, without limitation, all tenant remedies and rights to renew the term of the
Lease beyond the Lease Expiration Date); (b) T-Mobile Subtenant’s performance of the Tenant’s
obligations as tenant under the Lease; and (c) any assignment by Tenant of the tenant’s rights under the
Lease to T-Mobile Subtenant. For purposes hereof, the term "T-Mobile Subtenant Default" means any
material default under the Lease on account of T-Mobile Subtenant's use of the Premises in a manner
prohibited thereby or on account of any failure by T-Mobile Subtenant to pay any monetary obligations
(excluding Rent) that are required to be paid or reimbursed under the Lease (if applicable).
3. Additional Rent and Other Payments under Lease. Landlord acknowledges and
agrees that T-Mobile Subtenant shall not be required to pay any Rent under the Lease, unless and until T-
Mobile Subtenant becomes the “tenant” under a New Lease (defined below) pursuant to Section 5 below;
provided, however, the parties agree that T-Mobile Subtenant shall be responsible for, and shall timely
pay directly to Landlord: (a) any payments due under the Lease for utilities, insurance, real property taxes
and maintenance charges (collectively, “Owner Reserved Payments”), (b) any Additional Premises Rent
(as defined in the Lease), [and (c) any Revenue Share Fees (as defined in the Lease)], and Landlord
agrees to look only to T-Mobile Subtenant for such payments under the Lease.
4. No Amendment. Landlord agrees that it will not amend or modify the Lease without the
consent of T-Mobile Subtenant, which consent T-Mobile Subtenant may withhold in its sole and absolute
discretion if (in T-Mobile Subtenant’s reasonable judgment) the amendment or modification would
materially or adversely affect T-Mobile Subtenant's rights in and to the Premises, including, without
limitation, any and all changes to the Rent and other charges payable under the Lease, any modifications
of the term of the Lease and any modifications to the Premises or rights appurtenant to the Premises. If
(in T-Mobile Subtenant’s reasonable judgment) the amendment or modification would not materially or
adversely affect T-Mobile Subtenant's rights in and to the Premises, then T-Mobile Subtenant may not
unreasonably withhold, condition or delay its consent to such amendment or modification. Landlord shall
not cause or join in any rescission, rejection or other termination of the Lease prior to the Lease
Expiration Date, without the express prior written consent of T-Mobile Subtenant.
5. Direct Lease; Attornment by T-Mobile Subtenant. If, at any time during the term of
the T-Mobile Sublease, the Lease is either rescinded, rejected or otherwise terminated (except in
connection with an uncured T-Mobile Subtenant Default), then Landlord shall promptly notify T-Mobile
Subtenant thereof, and Landlord agrees, upon T-Mobile Subtenant's request, to enter into a direct lease
between Landlord, as landlord, and T-Mobile Subtenant, as tenant, for the remainder of the period prior to
the Lease Expiration Date, on the same terms and conditions as set forth in the Lease, including, without
limitation, all Rent, any remaining portion of the Rent Lock-In Period, and the Renewal Terms (a “New
Lease”). From and after the first day of the first full month following the date Landlord and T-Mobile
Subtenant enter into a New Lease, if at all, T-Mobile Subtenant shall commence paying Rent directly to
Landlord and T-Mobile Subtenant shall not be responsible for any Rent unpaid by Tenant; provided,
however, that T-Mobile Subtenant shall continue to be responsible for the payment of all Owner Reserved
Payments, Additional Premises Rent and Revenue Share Fees, if applicable.
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[Lease ID] MT-2 RA
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
6. General Provisions.
(a) This Agreement constitutes the final, complete and exclusive statement between
the parties to this Agreement, supersedes all prior and contemporaneous understandings or agreements of
the parties with regard to the subject matter hereof, and is binding on and inures to the benefit of their
respective heirs, representatives, successors and assigns. Any agreement made after the date of this
Agreement is ineffective to modify, waive, or terminate this Agreement, in whole or in part, unless that
agreement is in writing, is signed by all parties to this Agreement, and specifically states that the
agreement modifies this Agreement.
(b) This Agreement will be governed by, and construed in accordance with the
internal laws of the state where the Premises are located.
(c) If any provision of this Agreement is, to any extent, held to be invalid or
unenforceable, the remainder of this Agreement will not be affected, and each provision of this
Agreement will be valid and be enforced to the fullest extent permitted by law.
(d) Landlord shall promptly deliver to T-Mobile Subtenant a copy of any and all
notices which Landlord is required to give under the Lease, and any other notice or official
communication given by Landlord to Tenant with respect to the Lease. Any notice under this Agreement
will be delivered personally, by certified mail, return receipt requested, or by a nationally recognized
overnight courier, addressed to the party to whom it is intended. Any notice given to Landlord or T-
Mobile Subtenant shall be sent to the respective address set forth below, or to such other address as that
party may designate for service of notice by a notice given in accordance with the provisions of this
paragraph. A notice sent pursuant to the terms of this paragraph shall be deemed delivered when delivery
is attempted, if delivered personally, two (2) business days after deposit into the United States mail, or the
day following deposit with a nationally recognized overnight courier.
Landlord’s Address:
[Landlord name and address]
T-Mobile Subtenant:
[T-Mobile tenant]
c/o T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, Washington 98006
Attention: Legal Department
Tenant:
Md7 Capital Three, LLC
3721 Valley Centre Drive,
Suite 303
San Diego, California 92130
Send Rent Schedule Payments
to:
[Payee name and address]
With a copy to:
[Name and copy to address of T-
Mobile tenant]
(e) If, after the Effective Date of this Agreement, either party commences any
litigation or other legal proceeding against the other party arising out of, or in connection with, this
Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys’
fees and costs of suit.
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(f) Each party to this Agreement will, at its own cost and expense, execute and
deliver such further documents and instruments and will take such other actions as may be reasonably
required or appropriate to evidence or carry out the intent and purposes of this Agreement.
(g) Landlord acknowledges and agrees that T-Mobile Subtenant lacks an adequate
remedy at law if Landlord does not honor its obligations under this Agreement, and that Landlord's
obligations hereunder shall be enforceable by means of an action for specific performance and other
equitable relief.
(h) This Agreement runs with the land of which the Premises are a part, and shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
(i) This Agreement may be executed in counterparts, each of which shall be deemed
an original and all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year
first above written.
LANDLORD:
[Landlord Name]
By:
Print Name:
Title:
TENANT:
Md7 Capital Three, LLC, a Delaware limited liability company
By:
Print Name:
Title:
T-MOBILE SUBTENANT:
[Tenant/Carrier name]
By:
Print Name:
Title:
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[Lease ID] MT-2 RA
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
LANDLORD ACKNOWLEDGEMENT
STATE OF )
COUNTY OF )
On __________________________________, 20________ before me, [print name of notarial
officer here:] ______________________________________________________, Notary Public
personally appeared [print name of person whose signature is being acknowledged here:]
proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature __________________________________
(Seal)
My commission expires:
TENANT ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN DIEGO )
On _____________________, 20______, before me, __________________________________,
a Notary Public, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ____________________________________
My commission expires: (Seal)
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[Lease ID] MT-2 RA
DO NOT DUPLICATE – PROPRIETARY & CONFIDENTIAL TO Md7, LLC
T-MOBILE SUBTENANT ACKNOWLEDGEMENT
STATE OF )
COUNTY OF )
On __________________________________, 20________ before me, [print name of notarial
officer here:] ______________________________________________________, Notary Public
personally appeared [print name of person whose signature is being acknowledged here:]
proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature __________________________________
(Seal)
My commission expires:
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EXHIBIT A
PREMISES DESCRIPTION AND LEGAL DESCRIPTION OF PROPERTY
Street Address: [insert]
(Parcel ID Type): [insert]
Legal Description:
That certain communications facility site (and access and utility easements) on a portion of the real
property described as follows:
[copy/paste from deed/lease/title report]
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AGREEMENT BETWEEN
THE CITY OF TYBEE ISLAND
AND
THE GEORGIA MUNICIPAL ASSOCIATION, INC.
FOR NEGOTIATION OF GROUND LEASE BETWEEN THE CITY AND T-MOBILE
WHEREAS, the City of Tybee Island (“City”) has been approached by an agent of a current
lessee requesting renegotiation of the terms and conditions of a lease with __________ for
attaching cellular equipment to city owned property;
WHEREAS, the Georgia Municipal Association (“GMA”) has available a telecommunications
management service; and,
WHEREAS, the City has a need for such telecommunications management services.
THEREFORE, THE CITY AND GMA AGREE AS FOLLOWS:
Section 1. Services Provided to the City of Tybee Island
GMA agrees to provide, either directly or through its agents or subcontractors, the following
consulting services, which are not considered legal services.
a) Cellular Tower and PCS Tower Site Consultation Services, as more fully described in
Section 2 of this agreement;
Section 2. Cellular and PCS Tower Site Consultation Services
Cellular and PCS and Tower Site Consultation Services shall include:
a) Advising Cities on the provisions of tower site agreements for the use of public land.
b) Informing Cities concerning federal policies related to siting of wireless technologies.
c) Negotiating an agreement between the City and _______ (“Company”) for the use of the city’s
property by the Company to erect a tower and antenna for the purposes of providing wireless
communications services.
Section 3. Effective Date, Renewal and Termination.
a) This agreement shall become effective upon the signature by the parties
b) This Agreement shall terminate absolutely and without further obligation on the part of the City
at the close of the Calendar year in which it was executed and at the close of each succeeding
Calendar year.
c) Both the City and GMA shall have the right to terminate this agreement by giving written notice
of such termination to the other party and specifying the effective date thereof. GMA shall be
entitled to payment for services rendered to the City.
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2
Section 4. Compensation
The City agrees to pay GMA the amount of $3,000 for professional fees plus any travel costs. For
services described herein, payment shall be made to GMA within 30 days of receipt of the invoice
by the City. The GMA invoice will be submitted as follows:
50 percent of total cost --upon execution of the contract.
50 percent of total cost -- upon acceptance of the final agreement between the City
and Company or completion of the project if the Company elects not to execute
enter into a modified lease agreement.
Section 5. Hold Harmless and Indemnification.
To the extent permitted by Georgia law, each party shall bear the responsibility for liability for
negligence, errors or omissions of its own officers, agents, employees or subcontractors in carrying
out this agreement. To the extent permitted by Georgia law, the City holds harmless GMA for
liability for the negligence of the City, its officers, agents, employees, or subcontractors arising out
of this agreement. GMA holds harmless the City for the negligence of GMA, its officers, agents,
employees, or subcontractors arising out of this agreement. In addition, the City designates GMA,
its officers, agents, employees, and contractors as agents of the City for purposes of Section 635A of
the Communications Act of 1934, as amended, and the applicable provisions of the Local
Government Antitrust Act of 1984.
Section 6. Amendments.
This contract may be amended by future written agreements executed on behalf of the City and
GMA.
Section7. Law Applicable.
This agreement shall be construed under the laws of the State of Georgia.
EXECUTED ON BEHALF OF THE CITY OF ____________ THIS ____ DAY OF
____________, 2010.
ATTEST:
By____________________
City Clerk
(SEAL)
Mayor:___________________________
City of Tybee Island
EXECUTED ON BEHALF OF THE GEORGIA
MUNICIPAL ASSOCIATION, INC.
By_______________________________
Executive Director
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Better Hometown Board Meeting Minutes
February 16, 2010
Directors Present: Cullen Chambers, Stephen Palmer, Monty Parks, Shirley Sessions,
Patricia Miller Wann, John Yarbrough
Directors Absent: Judy Malins, Peggy Stone
Guests Present: Lindsey Fruchtl, Tybee Island Tourism Council
Call to Order:
The meeting was called to order at 9:06am.
Approval of Minutes:
John made a motion to approve the January 19, 2010 Board of Directors minutes. Monty seconded
the motion. The vote was unanimous.
Board of Directors Update
Chantel introduced and welcomed new Board members Monty Parks with All Points Café and
Stephen Palmer with Tybee Island Wedding, Inc.
Erin Sheldon has moved and is no longer on the Board and therefore no longer Vice Chair. Cullen
explained that the Vice Chair runs the Board Meetings in his absence. Monty agreed to take the Vice
Chair position and the Board Members approved of this appointment.
The Promotions Liaison position is vacant due to Maureen no longer serving on the Board of
Directors. Stephen Palmer agreed to be the Promotions Liaison and the Board Members approved
this appointment.
Chantel said that Peggy Stone is trying to work out her work schedule so that she can attend Board
Meetings.
Community Visit
Darien was the third site visit to see how other Better Hometown communities approach the program.
On January 27, Patricia, Cullen, Councilman Bill Garbett, and Chantel met with Frank Fields,
Darien’s Director of Community Development. Frank is the Executive Director for the Downtown
Development Authority and is in charge of their Historic nonprofit. Darien has designed long term
plans and has put a great deal of emphasis on streetscape projects, including boat ramps. A few
businesses left downtown and moved to the outlet mall where the Chamber of Commerce is located.
There has been some conflict between the Chamber and Downtown. The different groups Frank
heads up work in tandem and are now working for façade improvements and on a nature trail and
kayak ramps. It is hoped that the nature trail and kayak ramps will pull in more eco-tourists. Frank
said they are trying to bridge the differences with the Chamber of Commerce.
Cullen noted that the Darien Better Hometown is having a disconnect with the State Historic
Preservation group in Atlanta. They have a significant historic building that is falling into ruin.
The owner is asking $3 M for the site and it will need a lot of money for restoration. Cullen said it
was “demolition by neglect.”
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Shirley asked if Frank was working with other entities. Cullen said the group appears to be working
well with other groups and seems stable, but he believes that work can be more effective. Cullen
also cautioned us in regards to the Darien Chamber leaving downtown. He said we need to be
careful and avoid groups parallel duplication of efforts because that can lead to a breakaway among
groups instead of working together as evidenced by the divide between the Darien Better Hometown
program and the Darien Chamber of Commerce.
Main Street Conference
The Main Street Conference is March 17 – 19 and 1/3 of the Board must attend. Last year the DCA
made an exception for Tybee, but only two out of the three Board Members attended. It was a real
setback for Tybee. Stephen has it on his calendar and doesn’t know if he will be staying or driving
daily. It is a two hour drive and Stephen offered to drive. Cullen said he will be at the Conference,
but not staying overnight. Patricia said she would be going. Patricia expressed a desire to drive
back to Tybee on Thursday afternoon for the Third Thursday on Tybee concert. She said she would
drive back to St. Mary’s Friday morning for the completion of the Conference. Shirley can go the
first day to show the support of Tybee’s City Government. Stephen said we have three days to
represent Tybee at the Conference. Lindsey offered to have the Tybee Island Tourism Council help
with the set up of the Third Thursday Concert if necessary. John said he will be at the Conference if
his business is covered. Cullen asked everyone to please let Chantel know as soon as possible about
attending the Conference. Chantel said that it is $100 per person for the Conference. Shirley
reiterated that she would attend on Wednesday, but said she would have to be in Savannah on the
other days because this is the busiest time for out of state college students who come to work.
Cullen said that we have to get over this hurdle.
Committee Updates
Design – Cullen / Chantel
February 4 Committee Meeting update:
Parking – Chantel said she has laminated the Parking Paradigm in Paradise information and is
distributing to lodging establishments with lobbies. The information was emailed out so
companies can post the information on their websites. Cullen said that the accommodations
industry has a responsibility in getting this information to their guests. Complaints come
from the accommodation industry about their guests getting parking tickets, but it is the
responsibility of the hotels and rental property managers to get the word out. Cullen said that
Chantel has filled a lot of the “information holes.” Chantel said that every community has
parking issues and everyone has to work together. Cullen said that we need to be on the same
page and finally we are seeing people working together. He said Councilwoman Wanda
Doyle advocates a Parking Committee and noted that this issue has been going on forever.
Shirley said that since 2005, over 100 spots have been added for parking, but asked how many
have been added since we started meeting. Shirley said that the City is trying to encourage
people who want to have people park in their yard. Cullen said that the committee has
discussed increasing the fines for people parking in non-designated places. He said renting
or purchasing land has also been discussed. We have a core group of dedicated people trying
to resolve issues. Cullen said we also need to protect our residents as well as our businesses
regarding quality of life.
Stephen wanted to know if there is anything in the works for the north end of Butler. Cullen
said we are looking at rental/lease possibilities and identifying problem zones. Stephen said
that with the Chapel going in parking is needed.
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Trash receptacles – Shirley said that people want to hear back on the trashcan and restroom
issues. She said we need to keep the public abreast, particularly those heading up the
Business Alliance group, of what progress is being made. Chantel spoke at the last Business
Alliance meeting and tries to cover this information in the columns she writes. We need to
continue making efforts that produce results instead of producing rhetoric. Chantel said she
thought we needed to have a public forum. Shirley said we should have media present at the
public forum.
Cullen said his is working with a local business that is willing to reproduce the trashcans at a
lower price. Chantel will resend him the specs. We have received funding for five
additional trashcans. Chantel said that we need to spread the cans out more and check on the
status of the other cans that had to be returned.
Cullen said that we have slides taken in 1994 that show what the area used to look like. John
said that back then it was called “the combat zone.“ Chantel has sent Michael Bodine
historic photos in hopes that they can rotate on the City’s homepage. She has added pictures
to the BHT Initiative webpage.
He suggested that we need a motto to reiterate keep the beaches clean and to also include it on
trashcans. Cullen said we should use stencils rather than stickers. Stephen suggested “Keep
Tybee Tidy.”
Smoke out Art -- Councilman Bill Garbett has come up with a Tybee idea to paint the “butts”
container like a cigarette. His idea is that it will draw more attention and encourage more use
that the black container. It will be more fun and hopefully people will use it more. Cullen
asked if we are planning another “clean-up.“ Chantel said Beautification wants to do some
pruning for the plants that look dead so they come back nicely this season. She said that TBA
wants to get more involved. Cullen noted that some real progress has been made.
Door Cover at Tybrisa/Butler -- There is a meeting with Alan Jones to talk about doing it.
The Permit is approved and there is a list of materials for DPW to pick up. Shirley asked why
DPW was not doing the work. Chantel confirmed they have other projects they are working
on. Stephen asked about signage and advertising space. Chantel said we have talked about
a kiosk. We need to look at the budget. We could put parking information there. Stephen
said that a designated meeting place is a place people could meet and exchange information.
Cullen asked if there were any updates on alleyways. John said that there was an update on
the Strand. They are looking at re-painting. There is a meeting with the GA Trust Historic
Preservation regarding traffic calming on North end and crosswalks, landscaping and traffic
flow. Jonathon will be giving a report. Once GTHP gets the specs they can design
something.
The Sea & Breeze Hotel façade was discussed. Mel & Natalie are now managing the motel and want
to change the look. The design team is coming up with ideas for them. Cullen said the Sea &
Breeze is no easy fix. It has bad signage. They have come up with some quick fixes, but the
building has been a problem building for a long time. Chantel said that hopefully, they will come up
with some new ideas sooner rather than later.
Christy’s wants to replace their rooftop and GTHP is working on a concept for them.
Community Garden -- If the group wants this to be a BHT project, they need to bring it before
the Board. They are having a meeting today at 6:30pm.
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Economic Restructuring – Judy / Chantel
Chantel gave the Committee update in Judy’s absence. The Tybee Business 411 (Resources)
Guide has gone to Department Heads for approval. This guide is an overview to help
existing businesses and new businesses with effectiveness and efficiency when operating a
business on Tybee. The brochure was passed around for board review.
Organization – John / Chantel
Newsletters – Chantel asked the board for direction on listing events on the BHT Newsletter.
Many are asking for their events to be listed under the Happenings section. If they are
non-profit she directs them to the City Calendar where items can be posted for free. Cullen
said we don’t need to include special events that have not gone through the application
process. Patricia said that she didn’t think Chantel needed to add to her already heavy work
load. Stephen said that there are many places for listings, like Facebook. Cullen said that
Michael provides this service for the City. He said that since the BHT is still in its infancy we
need to keep pursuing clarification. We do not need to replicate a service already being
provided by the City. We can refine our efforts as we move along. We need to stay on
Mission. Shirley said we can’t be all things to all people.
Promotions – Chantel
1. Island Wide Sidewalk Sale follow-up -- It rained the day of the Sidewalk Sale. Some people
said it was great. It was the last one for the year.
2. Susan Kelleher has done a Shop & Stroll which involved putting coconuts in stores and prize
drawings near her store at the end of the day. She wants BHT to take over the event in April
& December. Monty said we do not need a bar/alcohol event. Stephen said that someone
should sit down with Susan and then meet with us later. Cullen said that we will grow as an
organization. Chantel has been pulled in many different directions by individual requests.
There has to be a benefit to the Island as a whole, not just to individuals.
3. Chantel said that the City is working to become more bike friendly. Perhaps businesses want
to offer something during “Bike to Work Week.” The City is working to pave the Memorial
Park bike trail. We need more bike racks on the Northend. Cullen asked if we could get the
City to fund it. Stephen said that we need better bike racks at the Lighthouse. Cullen asked
what we can do to urge the City to buy more. Chantel said that the Design Committee should
be involved. Stephen said this is a way to alleviate some of the parking problems. Cullen
suggested that we identify potential locations for bike racks in other areas. Stephen said
parking lots and beach crossovers. Cullen said encouraging biking will help with parking
problems. We need to be more bike friendly. Stephen said we need more signage. There
is a safety problem. Cullen said that we need Stephen to participate in planning.
4. Third Thursdays on Tybee – Patricia commented that the second Third Thurdays on Tybee
with Lauren LaPointe at Tybee Oaks was wonderful. Once again, the demographics were
diverse and we are looking forward to April 15 with Lacey.
5. Seafood Festival update -- There is a meeting today at 2pm at City Hall. Sandy Major made
a presentation to the Board about a Festival. Chatham County is moving forward with this
event. Lindsey said that Tourism is waiting to see how this pans out. John said that last
week they said there were 12 restaurants committed. Chantel said that she is helping
facilitate the meetings. Cullen said that he wanted to see more planning, advertising, etc.
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Monty said this is a vendor driven event and that it is refreshing that the businesses are taking
ownership. This is a first no charge event. John said there would be more information at the
second meeting. He said that what Dean has done in a short time is impressive. Shirley said
she really wants to see it work and Chatham County take ownership of it. It is a great idea,
but promotion is critical. Monty said the cost of getting involved with Pirate Fest is high and
he said if only 20 people come, I’ll make more money with this than with Pirate Fest.
Lindsey said that Tourism is supportive, but that things were on the calendar months before
this came up. Cullen said this whole thing really came about because of the fake seafood
festival in the movie. John said that Coke is really involved.
6. Tybee for the Holidays – We are working to get control of the web domain name and the site
updated.
Other Business
Chantel asked the Board members to add new information to our binders.
Stephen thinks BHT Board Members, Tourism and City Council ought to take one day and go out and
talk to businesses. He also said we should do a beach walk and talk to people and also talk to
residents. Chantel said that was a great idea. She hears from businesses and residents on a daily basis
and it is important for others to understand. People are not used to being approached and asked for
their ideas. Cullen said he loved that approach. It is about the three legs of our stool -- business,
visitors & residents. We may need a survey form. Lindsey asked if we could tape people. Shirley
said that some weekends are a different configuration of people.
Adjourn
Patricia made a motion to adjourn the meeting at 10:30am. Monty seconded the motion. The vote
was unanimous.
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Better Hometown Board Meeting Minutes
March 16, 2010
Directors Present: Cullen Chambers, Judy, Malins, Stephen Palmer, Shirley Sessions,
Patricia Miller Wann, John Yarbrough
Directors Absent: Monty Parks, Dick Smith, Peggy Stone, John Yarbrough
Guests Present: See below.
Call to Order:
The meeting was called to order at 9:08am.
Welcome
Chantel welcomed everyone and reminded everyone about the upcoming Conference in St. Marys.
Shirley will ride with Patricia and Stephen will pick up Cullen. Chantel will meet everyone in St.
Marys. We need to leave at 5:30am in order to arrive for registration.
Chantel explained meeting time conflicts have been expressed by Monty and Peggy due to their
careers. Cullen asked if the Board meetings should change to the early evenings.
Meeting either on Tuesdays or Wednesdays at 6pm was suggested. Chantel will email the board
for input.
Dicky Trotter, Trotter Productions
Dicky Trotter was scheduled to attend the Board meeting as a guest, but is under the weather and
unable to attend. He is very supportive of the Better Hometown Initiative and wants to talk about
membership and other ways to get the word out about BHT, specifically through social media.
Public Forum / Visioning Workshop Preparation
The next Visioning Workshop is scheduled for April 7th from 5 - 7pm in the Auditorium. This
workshop is required annually so the Board can determine what BHT will work on within the
coming year with regards to the 4 Points. The last workshop was July 27, 2009 and was attended
by more than 30 people. DCA was pleased at the turnout. We will lay out what has been worked
on and accomplished over the previous year. Cullen said that a lot has been worked on and
highlighting these items is crucial and we need to be really prepared. Patricia suggested that we
have a rehearsal before the Workshop. Cullen said that we need to have forward movement
beyond talking about issues. It was decided that we would have a rehearsal on April 7 and the
Workshop will be on the 14 from 5-6pm with a Board workshop from 6-7pm.
Cullen said that the number of meetings on Tybee is a big concern. He said that people don’t
mind going to meetings if they see outcomes. Everyone’s time is valuable and BHT doesn’t want
to waste anyone’s time.
Questions need to be anticipated for accurate and meaningful answers. He asked Shirley if
anything is going to be done about the restrooms in the foreseeable future. Shirley said that it
depends on the SPLOST funding and that she didn’t know if anything could be done soon.
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Restrooms have been an important issue expressed by some businesses and answers need to be
given. Chantel mentioned a resident has been in constant contact with the City Manager about
issues with the visibility of the South End portable restrooms from his home. Alternate locations
have been considered, but the infrastructure is only there. DPW is putting in foliage to block the
view. Shirley said that people don’t want the bathrooms in their backyards.
Shirley understands the importance of answers and will find out about the bathrooms on the North
end. Cullen commented that it is a staffing issue within the City and we keep taking a hit on it.
He asked if we have a number posted in the bathrooms is there a person who will respond.
Shirley volunteered to be the “bathroom person.” We need to assure people that the bathrooms
are on a cleaning schedule with a cleaning schedule posted that is signed off with a phone number
to call if they are not clean. Cullen said someone is needed at each bathroom and calls need to be
answered. Shirley said we certainly need someone at the Marine Science Center. Chantel added
that there is a need at 14th Street too. Stephen asked about the three portable bathrooms at 17th and
18th. Shirley said she would find out if they are rented. Stephen mentioned the bathrooms at the
Pavilion and said that Dean takes care of them. Chantel said that Dean is responsible and when
the bathrooms are cleaned, they have to be closed for 45 minutes for the floors to dry. Shirley said
that people are changing clothes and bathing in those bathrooms and that Dean does a good job.
Cullen asked if there was a company that could be hired. Judy said that there are companies that
do this. She said she thought it was critical to have a person who was responsible. Cullen asked if
the City had looked into that. Shirley said not to her knowledge. She said that the City is looking
for a part time attendant, but doesn’t know if the City can afford it. Council knows that this is
important. DPW is stressed during the high season and they have problems getting the equipment
through the crowds on the beach.
Stephen commented that the middle of the Island is also a problem. Memorial Park and Jaycee
Park have been improved with SPLOST money. He said the North Beach parking lot is a huge
issue. Cullen said that there are FEMA requirements and that the city receives money for beach
renourishment, but nothing goes to bathroom maintenance. Shirley asked if we could get a
business to sponsor a bathroom. Cullen responded that if he knew the costs, he could look into it
and see if the Historical Society might be able to do that.
There should be one contact person for bathrooms and one person for trash.
Chantel said that Wind Rose has noticed issues with the Atlantic Ave. compactor and has called
DPW in the past without response. Wind Rose owners are very diligent in calling her when they
see problems and she documents it and lets the City Manager know. Chantel said that we need a
phone number on the dumpsters too. Cullen said that we have to have actual follow-up. Shirley
said that some people just seem to be destructive.
Chantel said that she had sent Diane several e-mails. She said that last season a gentleman was
paid to pick up trash on the South End, but didn’t carry a bag to put it in. She is asking if we will
have a person this season and if he will have bags. She said she has sent about five e-mails and is
waiting for responses.
Stephen asked about the 14th Street crossover. He mentioned “Tim’s Beachgear” and said that a
big trailer is parked in front of Ocean Plaza. He asked if that was a rented spot. Chantel said that
similar issues have come up at the Parking Committee meetings and Jonathon and Diane are
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working on a parking plan.
Patricia asked if we could get “before” and “after” pictures to use at the Workshop. Chantel said
she had done that with previous presentations. Shirley said that visuals are important. Shirley
said that too much detail can be overwhelming. We need to keep it simple. Stephen said that we
need to be prepared for anything. He suggested that we brainstorm while we are driving back and
forth to St. Marys. Chantel said she would e-mail the work plan to the Board again. Stephen
said we could use it to show results since the last Workshop. Cullen said that is what we are
talking about. Chantel said there are tangible things we can show. Shirley said that we can show
what we have accomplished and have handouts for people. Chantel said that we need to reiterate
that these are big issues that the Island has been working on for years and years. She reminded
everyone to note April 7 is the rehearsal and April 14 from 5-6pm is the Workshop with a Board
meeting from 6-7pm.
Stephen said that we can give the audience information and an open floor and that will help
residents and businesses get more involved.
Design - Cullen
Discussions were held within Visioning Workshop presentation discussion.
Promotions - Stephen / Chantel
Tybee for the Holidays – Stephen updated the Board about the last Committee meeting. He
suggested that everything take place on one weekend. He said we need to look at what is
disposable. We need a backup plan and know what is important. He suggested that we have
Santa Claus and lose the parade if necessary. Keep it all one weekend and have a better tree and
better decorations. Cullen said that one packed weekend would be better and could become a
signature event. Stephen said that we could have the “WOW” factor by syncing the music and
lights. Patricia said the lights could look a lot better. She said that half the lights were out.
Chantel said that they had been purchased “used” and that there were different stories about
whether that was the problem or if there was a problem with the electric poles. She said we need
to make sure that the Christmas tree remains lit throughout the month. One suggestion made at
the committee meeting is to have kids come out and help businesses decorate on “Decorating Day”
the Saturday after Thanksgiving. She said that TBA has been judging commercial decorations
and has asked BHT to get more involved. Cullen asked if the lights had outlived their lifespan.
Chantel said that some have. Cullen asked if we had to have them. He suggested that we rethink
the decorations and do something nice and simple. Chantel said that would have to go through
DPW and that some neighborhood associations had purchased some of the lights. Stephen said he
would love to have a snow machine. Chantel commented that the past two years there have been
small snow machines which John at Spanky’s paid to rent.
Third Thursdays on Tybee – Patricia said that the first concert had been very successful. She
reminded everyone that Lauren Lapointe would be singing at the second concert at Tybee Oaks.
Stephen said that we should to be prepared for questions because the first concert was held inside
the rain location even though the sun was shining. Patricia and Chantel confirmed the Trio had to
perform inside due to the low temperature and alternate locations are listed on the posters.
Stephen said that “Bike to Work Week” is May 10 – 14 and will be promoted.
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Economic Restructuring Committee - Chantel
Connie with SBDC has agreed to present a “Keeping Your Customers” seminar in the Auditorium
on March 24 at 8:30am for Island businesses. She said that about ten people had already signed
up. We are paying $150 for the seminar and hope to have a good turnout.
BHT Budget
Chantel said that each City Department had been asked to cut 10%. She said that she has taken
out various subscriptions and bumped up Business Training and Opportunities. She said that
without contributions, the program will not be a success. This is a show of the public partnership.
Cullen said that the BHT Budget was already bare bones and that we cannot afford to keep taking
hits from the City. He said the City can’t keep cutting the budget. Shirley said that she thought
that the majority of Council will support the Program. Cullen mentioned the Façade Grant and
said that with economic situation, this is not the time. He said that there is no more room for
grants and that does not think we needed to spend money on a Market Study.
Other Business
Discussion continued among board members about trash issues, restroom clean up, and code
enforcement.
Adjourn
The meeting was adjourned at 11:05.
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Better Hometown Board Meeting Minutes
April 21, 2010
Directors Present: Cullen Chambers, Stephen Palmer, Dick Smith, Peggy Stone
Directors Absent: Judy Malins, Patricia Miller Wann, Monty Parks, Shirley Sessions,
John Yarbrough
Guests Present: Bill Garbett
Call to Order:
The meeting was called to order at 6:00pm.
Welcome
Chantel welcomed everyone.
Approval of Minutes
Stephen motioned to approve the March 16 minutes. Patricia gave Chantel her verbal approval
prior to the meeting which is the second to Stephen’s motion. The vote was unanimous.
Approval of the February minutes will take place at the April Board of Directors meeting.
Visioning Workshop Review
Attendees felt the workshop was well attended. Information provided is being used to update the
Committee’s work plans.
Cullen opened discussion regarding trash and the shift of resources. Peggy suggested that the
sidewalk trash containers have an extra pickup during the day. The sidewalk trash containers fill
up by 3pm and when the evening crowd comes in there is nowhere for them to put their trash
except on the ground. Chantel reported that DPW is interviewing for a position that would be
responsible for picking up trash along the downtown area during the summer. Suggestions were
made that this individual have a push cart so the employee could also empty the trash containers
efficiently during their shift. Attendees agree that there needs to be more pickup, more
enforcement, Police foot patrol, and prioritizing staff is necessary. Peggy feels that the litter issue
can be resolved with foot patrol and enforcement. Dick said this has been an ongoing issue for
years. Residents and businesses take responsibility and visitors need to be aware they need to not
litter. Cullen has written a letter addressing the concerns for code enforcement to the City
Manager. Board members have given their approval for Cullen to forward to the City Manager.
Stephen Palmer will follow up on getting the amount of citations issued as requested in the letter.
The City needs to be committed to helping with these issues and address them immediately. The
possibility of have community service workers pick up trash was discussed, but Cullen pointed out
that they need too much supervision.
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Work Plan Determination
Design - Cullen
Chantel emailed the strengths and challenges that were voiced at the Visioning Workshop
and the survey feedback she received. Cullen explained he has not seen the notes.
Chantel will resend the information. In the meantime, items regarding the need to combat
litter and strengthen code enforcement will continue. Parking issues throughout the island
are being worked on by the officially formed City Parking Committee. Better Hometown
will work to make sure businesses are kept abreast of decisions and or changes that affect
them. During the high season, businesses are affected by parking all day and residents are
affected by overflow parking in their neighborhoods. The residents’ quality of life must
be taken into consideration. There is overflow parking available in the North Beach
Parking lot and it needs to be defined.
Economic Restructuring – Judy
Will be reviewed at a later meeting.
Promotions - Stephen
Third Thursdays on Tybee has received a tremendous response and the desire to continue
the outdoor music was voiced at the Visioning. Chantel explained that Third Thursdays
will continue per the request of attendees and the City. The continuation of Tybee for the
Holidays, which helps during the off season, is underway by the Promotions Committee.
Stephen explained that he sees a need to brand Tybee versus having more events. He
described a Tybee Tree which would promote all that Tybee has to offer for living,
business and vacations. The branches would represent all aspects such as stores,
restaurants, services, outdoor activities, etc. The tree would show that there is something
for everybody. More children activities need to be developed
BHT Budget
Discussion about the BHT budget ensued. Chantel and Cullen have reviewed the budget and cut
where we could as requested by the City. There are items that are needed that are not in the
budget. Cullen and Chantel will continue to work on this so the program can continue to grow
and succeed.
Other Business
Adjourn
The meeting was adjourned at 7:35pm.
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812803-01
Tybee Island Marine Science Center
Board of Directors Meeting
December 15, 2009
Present: Cathy, Debbie, Shelly, Elizabeth, John, Mike, Judy, Kathryn, Julie, Maria, Dione, Meredith
1. Call to order - 6:15
2. Approval of Agenda
Motion to approve - Cathy
Second - Shelly
Unanimously approved
3. Approval of Minutes
Motion to approve - Cathy
Second - Shelly
Unanimously approved
4. President’s Report
a. Virginia Aquarium Visit - Monday, February 8
- all going to Virginia, will post travel plans on blog by Monday, January 4
b. Dicky Mopper is joining Board
5. Treasurer’s Report
- Board is aware that Foundation will likely have to take money from account to cover deficit at
year end
6. Executive Director's Report
a. Maria is working with DNR on Coastal Incentive Grant for an educational program with public
schools
- Maria is meeting with Mayor tomorrow (12/16) regarding partnership with City (water quality
component)
- looking into partnering with 4 public schools
- would be 2 year grant beginning October 2010
- goal of creating pilot program for city to fund after grant term expires
- Maria will meet with school officials on Friday
7. Development Committee
a. Met with Dan Roberts - project manager offering services for free
- would be volunteer
- recommendation of Development Committee to bring him on board as
volunteer project manager for new facility (exact role TBD at later date- Board agreed that it is
critical to define his role))
Debbie made motion to extend offer to Dan Roberts
Second - Shelly
All in favor.
b. Debbie met with Martin Melaver
- he gave name of Michael Singer for green design used by Melaver
- he said he would be willing to lead a workshop for board regarding sustainability of building in
mid-January (TBD)
c. Jeff Jowdy - scheduling meeting with Development Committee
Next Board meeting – Wednesday, January 27
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Next Executive Committee meeting – Thursday, January 7
Adjournment – 7:00 p.m.
Action Items
1. Dionne will look into hotels for Virginia trip.
2. Maria will look into weblog posting notifications.
3. Maria will look into TAC Education subcommittee as potential source of funding for education
project.
4. Maria will send out guidelines (RFP) for CIG proposal to Cathy for review.
5. Debbie will schedule Melaver workshop for mid-January.
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Tybee Island Marine Science Center
Board of Directors Meeting
January 27, 2010
Present: Mike, Maria, John, Julie, Elizabeth, Shelly, Debbie, Judy, Kathryn, Meredith
1. Call to order - 7:10
2. Approval of December Minutes
Motion to approve - Shelly
Second - Kathryn
Unanimously approved
3. President’s Report
(Dionne not here; Mike filling in as President)
a. Virginia Aquarium Visit - any questions or comments for those not going?
- Mike would like some history of transition to bigger center
- Shelly wants copy of current operational budget
- how do they do membership/sponsorships
- how big is board and how many did they bring on for project
- Board voiced concern that Dionne would not be able to go anymore - if Dionne still wants to go,
Elizabeth and John (and maybe Debbie) are still willing to go
- please email additional comments or questions for team going to Virginia; John will compile
prior to trip
4. Executive Director's Report
a. Gallery - update going well
- Sea Turtle tank delivered and platform here
- Chris and staff have been fantastic
- Home Depot has been very helpful
- DPW, COT and DNR very enthusiastic
- only behind schedule 1 week approximately
- Georgia Aquarium will provide jellyfish but can no longer donate tank. Maria is looking into
tank prices and Board is discussing small grant options for this need (approximately $4,000).
Maria is preparing proposal
- Discussion of how to get word about gallery out
- Membership and VIP - viewing before release to public
- postcards
- magazine and newspaper article(s)
b. CIG Grants - should hear results mid-April
5. Treasurer’s Report
- will be below budget once CIG $ comes in
- income up $11,000 from budget
- expenses down $15,000 from budget
- Board requested designation on financials for money spent on NB Facility
- Maria will ask Dean about language of cover letter
- 2 record months in gift shop - $100,000 + annually for 2009
- 31,000 + visitors to center in 2009
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6. Frank Shuman and Kathryn - Council Liaisons to Board
- Paul no longer officially liaison - Board hopes he will remain very connected
- Should add Frank to emails and will keep Paul on
7. Development Committee
a. Working on interviewing potential project team
- 10:00, February 13 - meeting with Dan Roberts - all are invited (location TBA)
- Met with Martin Melaver
- Met with Robin Gold (fundraising) (was recommended by Marjorie Young)
- Meeting with another consultant this week
- Still looking into fundraisers with capital campaign experience
b. SPLOST
Meredith and Kathryn will work on finding out:
1. What can funds be used for?
2. When do funds expire?
c. Sea Kayak GA has indicated they might not participate in Sea Kayak race this year
Date: June 12, 2010
Debbie will have sponsor request forms at February meeting
8. Marketing Committee
Sustainable Seafood Festival
- Focus on education/nutrition/ecosystem/environment
- City of Savannah/Chatham County taking on 2010 Seafood Festival but might be willing to partner with
us - need a board member on City's planning committee for event - will be on pier in April (strange
month because not shrimp season until end of May/June)
- Shelly mentioned that Tina might be able to be our liaison on planning committee
9. Turtle Trot - April 24th - Save the Date
8:50 p.m. Motion to Adjorn - Shelly
Second - Debbie
Unanimously approved
Action Items
1. Shelly will call Shantel with COTI to get seafood festival information.
2. Meredith and Kathryn will look into SPLOST restrictions.
3. Debbie will find new location for Dan Roberts February 13th meeting.
4. All: email comments/questions regarding Virginia aquarium to John, Dionne, Debbie and Elizabeth.
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Tybee Island Marine Science Center
Board of Directors Meeting
March 24, 2010
Present: Maria, Debbie, Judy, Mike, Dionne, Cathy, Meredith
1. Call to order - 7:15 p.m.
2. Approval of Approve Agenda (with modifications)
Motion to approve - Cathy
Second - Judy
Unanimously approved
3. Officer's Reports
A. President’s Report
Board Development Activity - 1) to demonstrate that there are things about the TIMSC that we
don't know and/or don't do in practice; and 2) to brainstorm roles of Executive Director and
Board
will be continued at next meeting
B. Executive Director's Report
1. Financials
- want to keep lower inventory
- schools are up; scouts are way up
- salaries up because raises and health insurance additions
- discovery shop sales down because of cold winter
2. Gallery
- $1,500 from Optimist Club for jellyfish tank to be bought from Georgia Aquarium
- presentation of Coastal Incentives Sea Turtle Conservation grant deliverables to Board
- Maria presenting Sea Turtle Grant update to Council 3/25/10
4. Committee Reports
1. Development Committee
reminder of committee assignments/designations emailed to Board on March 8
2. Marketing
Flip Flop Fundraiser
- Mike will man table; Meredith will speak and accept check on behalf of Center
- discussion of issues surrounding event
Next meeting: April 28
Executive Committee: TBD
Adjournment - 9:30 p.m.
Action Items
1. Dionne will type and distribute February minutes
2. All Board seek kayak race sponsors
3. All Board work on Development Committee assignments
4. Maria will send bullet points to Meredith prior to Flip Flop Fundraiser
5. Judy will find out power point capabilities for Flip Flop Fundraiser and contact Dionne
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