HomeMy Public PortalAbout20161208Amended4CityCouncil Packets.pdfTable of Contents
000_000_20161208AmendedAgenda4....................................................................................................................................................................................... 1040_020_20161208 Proclamation Tybee NARW....................................................................................................................................................................................... 5 North Atlantic Right Whale Proclamation....................................................................................................................................................................................... 5 “North Atlantic Right Whale Day, Tybee”....................................................................................................................................................................................... 5050_010_20161110Minutes....................................................................................................................................................................................... 6100_010_20161208_CC PACKET-1....................................................................................................................................................................................... 10 Untitled_20161129_143246_001....................................................................................................................................................................................... 10 Untitled_20161129_143246_002....................................................................................................................................................................................... 26100_020_20161208_CC_PACKET-2....................................................................................................................................................................................... 31 20161114_PC_AGENDA.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 32 Demery Bishop Diane Schleicher....................................................................................................................................................................................... 32 David McNaughton Edward M. Hughes....................................................................................................................................................................................... 32 20161114_PC_Minutes.pdf PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher David McNaughton Edward M. Hughes 20161114_PC_Minutes.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 43 Demery Bishop Diane Schleicher....................................................................................................................................................................................... 43 David McNaughton Edward M. Hughes....................................................................................................................................................................................... 43 20161017_PC_MINUTES.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 46 Demery Bishop Diane Schleicher....................................................................................................................................................................................... 46 David McNaughton Edward M. Hughes....................................................................................................................................................................................... 46110_010_2017 Alcohol and Entertainment License Agenda Request....................................................................................................................................................................................... 50120_010_Tybee Third Amendment- 2016....................................................................................................................................................................................... 52120_020_Amendment to Site Use Agreement, WeatherFlow....................................................................................................................................................................................... 54120_030_12-8-16CCAR_2017GCMSMOU_SLAG....................................................................................................................................................................................... 55 CC agenda request 12-8-16....................................................................................................................................................................................... 55 2017MSMOU....................................................................................................................................................................................... 56 2017 Classic MOU Letter....................................................................................................................................................................................... 56 2017 Classic MOU for signing....................................................................................................................................................................................... 57 2017 Accredited Member Sublicense Form_FINAL with info....................................................................................................................................................................................... 63120_040_Agenda Request - Waiver of Non-Structural Roofing, Siding and Tree Removal Fees....................................................................................................................................................................................... 68
120_041_Waived Fees Report Post Hurricane Matthew....................................................................................................................................................................................... 69120_050_Agenda Request - City Dumps Hours and Fees....................................................................................................................................................................................... 70120_051_Fee Free City Dumping - Hurricane Matthew....................................................................................................................................................................................... 71 Sheet1....................................................................................................................................................................................... 71120_060_687 Agreement - Amendment of Not-to-Exceed Stipulation - Copy....................................................................................................................................................................................... 82120_070_688 Agreement - Amendment of Not-to-Exceed Stipulation revised....................................................................................................................................................................................... 84120_080_689 Agreement - Amendment of Not-to-Exceed Stipulation....................................................................................................................................................................................... 86130_010_31-A-2016 - Sec 2-265 - REDLINE - Master Plan Implementation Committee - 11.11.16....................................................................................................................................................................................... 88130_011_31-A-2016 - Sec 2-265 - Master Plan Implementation Committee - 11....................................................................................................................................................................................... 93140_010_Release and Covenant Not to Sue-11.16.16-signed-scan{1687740.1}....................................................................................................................................................................................... 98140_013_Alcohol - A - 11.08.16....................................................................................................................................................................................... 102140_014_Alcohol - B - 11-08.16....................................................................................................................................................................................... 104140_015_32-2016 REDLINE Ame Art III Special Events 11.21.16....................................................................................................................................................................................... 106140_016_32-2016 CLEAN Ame Art III Special Events 11.21....................................................................................................................................................................................... 127150_010_ City Council Goals - 2016 - December 2016....................................................................................................................................................................................... 148 Sheet1....................................................................................................................................................................................... 148150_011_-City of Tybee Island Master Plan Short Term Work Program....................................................................................................................................................................................... 152160_010_20160815HPCminutes....................................................................................................................................................................................... 158160_020_20161019DAMSBODminutes....................................................................................................................................................................................... 160 ATTENDANCE....................................................................................................................................................................................... 160
AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
DECEMBER 8, 2016 7:00PM
Please silence all cell phones during Council Meetings
I. Consideration of Items for Consent Agenda 6:30PM
II. Executive Session
III. Opening Ceremonies
1 Call to Order
2 Invocation – Jan LeViner
3 Pledge of Allegiance
IV. Recognitions and Proclamations
1 Chief Ashley Fields, Tybee Island Fire Department Graduates
2 Northern Atlantic Right Whale Day Proclamation
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City
Council
1 November 10, 2016, City Council Meeting
VI. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
VII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5
minutes.
VIII. Consideration of Approval of Consent Agenda
IX. Public Hearings
1 2016-25 First and Second Reading, Erosion and Sedimentation Control Ordinance
2 2016-22 First Reading, Sec 3-080 (D), to create a use table with parking requirements
and adjust parking requirements. Additionally to amend Sec 2-010 Definitions, to add a
definition of Shopping Center
3 Planning Commission Minutes, November 14, 2016
X. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Alcohol and Entertainment License – 2017 (Complete listing included in packet)
BEER/WINE/LIQUOR - SUNDAY SALES BY DRINK FOR CONSUMPTION ON
PREMISES ONLY AND ENTERTAINMENT
Agave Bar and Grill Ivet Perez Hernandez 402 First Street
A-J’s Dockside Restaurant Jacqualand M. Burn 1315 Chatham Ave
American Legion Post 154 Charles Bolen 10 Veterans Drive
Benny’s Alvin B. Ward 1517 Butler Ave
Bernie’s Tybee Island, Inc. Bernie A. Reyes 13 Tybrisa Street
Bubba Gumbo’s Patrick Burns 4 Old Hwy 80
Coco’s Sunset Grille Tracy M. McMahon 1-A Old Hwy 80
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XVII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session
XVIII. Adjournment
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section.
Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the
next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.”
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North Atlantic Right Whale Proclamation
WHEREAS, the City of Tybee has an interest in protecting its natural resources and rich
biodiversity on land and at sea, for generations to come; and
WHEREAS, the natural coastal environment and marine species help provide well being to citizens of Tybee Island, and attract tourists from across the world; and
WHEREAS, the North Atlantic Right Whale NARW, is a unique and endangered species with
critical habitat in the water off of Tybee; and
WHEREAS, the Joint Resolution of Georgia General Assembly designated the NARW as the
official Georgia State Marine Mammal on April 2, 1985; and
WHEREAS, various SCIENCE has concluded that the number of female NARW giving birth
over the past 10 years has generally declined, and their species population is under regular threat from human activity such as ship strikes, entanglement, and pollution; and
WHEREAS, accidents and negligence are less likely to occur if local communities, boating
enthusiasts, and commercial fisheries, are more aware of the NARW and its calving season in
Georgia water, Winter through Spring, and WHEREAS, cooperative partners in AGENCY and ORGANIZATION are working to bring
awareness of this species to Tybee residents and to protect Georgia coastal and offshore
ecosystems; and
WHEREAS, as an exercise in collaboration and intervention, One Hundred Miles, calls for
cooperation between science, agency, organizations, and the public for celebrating and protecting
the lives of the NARW.
THEREFORE, the City of Tybee Island proclaims December 8, 2016 as “North Atlantic Right Whale Day, Tybee”
Jason Buelterman, Mayor
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City Council Minutes 20161027
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on November 10, 2016. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and
Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney;
George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• Special City Council Meeting, October 20, 2016
• City Council Meeting, October 27, 2016
• Special City Council Meeting, November 7, 2016
• Extend the waiving of building permit fees for non-structural roof and siding repairs
for an additional 30 days. Discussion: Ms. Schleicher reported there has been a
loss of revenue due to the waiving of fees. Mayor pro tem Brown asked Ms.
Schleicher if FEMA will reimburse the City for lost revenue. Ms. Schleicher
responded, they are hopeful.
• Extend the waiving of tree removal permit fees for damaged and downed trees for
an additional 30 days. Discussion: Mr. Parks stated his concerns with the blanket
removal of trees on the Island. He recommended extending the waiving of fees at
staff discretion. A discussion ensued regarding pine trees and the removal thereof.
• Extend the waived fees for the City’s Transfer Station for disposal of storm related
debris. Discussion: Ms. Doyle recommended posting a sign with the hours of
operation: Monday – Friday, 8:30 – 11:30 AM and Saturday and Sunday, 12:00 –
2:00PM. Ms. Schleicher confirmed that a temporary sign will be added to the
location. Mayor Buelterman expressed his concerns with the remaining debris on
the streets. He asked Ms. Schleicher to look into doing something. Ms. Schleicher
confirmed. Mr. Major expressed his concerns with the remaining stumps and
leaners. Ms. Schleicher explained there are RFP’s out which will cover all of Mayor
and Councils concerns. Mayor Buelterman asked Mr. Shaw to explain the process for
repairing/replacing a fence. Mr. Shaw explained if a resident is replacing a fence a
permit is needed. If it is for repairs only, no permit required.
• Extension, Emergency Ordinance, 2016-01. Discussion: Mr. Hughes stated this is
simply a thirty (30) day extension of the ordinance that was previously approved.
• Work Order, Adkins. Discussion: Mr. Hughes stated this is an addendum to
correct the hourly rate and make them consistent with the Master Agreement. Ms.
Schleicher stated this is a task order as the City is not modifying the contract but
defining the tasks.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present.
Mayor Buelterman recognized Boy Scout Troop 76, Wilmington Island as they will Post the Colors.
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Opening Ceremonies
• Call to Order
• Posting of the Colors: Boy Scout Troop 76, Wilmington Island
• Pledge of Allegiance
• Invocation: Pastor David Laughner, Chapel by the Sea Baptist Church
Recognitions and Proclamations Mayor Buelterman and Joe Wilson asked LTC Mike Squires, Commander, US Army
Garrison, Hunter Army Airfield; CSM Bruce Rock, Command Sergeant Major, US Army
Garrison, Hunter Army Airfield; and Ernest Tafoya, Deputy Commander, US Army Garrison,
Hunter Army Airfield to come forward. Mr. Wilson personally thanked LTC Squires, CSM Rock
and Ernie Tafoya for their assistance in housing the City Critical Workforce and City vehicles as
a result of Hurricane Matthew evacuation. Mayor Buelterman presented a Proclamation,
individual Certificates of Appreciation as well as a Key to the City to each. CSM Rock offered assistance to those residents who have needs with debris removal.
Mayor Buelterman read the Proclamation, Small Business for Saturday, November 26,
2016. He urged residents to shop on Tybee for Saturday, November 26, 2016.
Reports of Staff, Boards, Standing Committees and/or Invited Guest.
Jenny Orr, SEABAR, Pirate’s Fest 2016. Ms. Doyle explained Ms. Orr could not attend
as she was working with contractors on her personal property due to Hurricane Matthew. She
reported on Ms. Orr’s behalf: wristband money has been turned in to the City and SEABAR is
considering reorganizing to become a non-profit organization. Ms. Doyle stated Ms. Orr will be
at a future city council meeting to give a more detailed report. Julie Livingston made a motion to approve the consent agenda. Wanda Doyle seconded.
Vote was unanimous, 6-0.
Public Hearings First Reading, Sec 3-080(D) to create a use table with parking requirements and
adjust parking requirements. Mr. Shaw stated he created a parking table and adjusted the current ordinance. The Planning Commission heard this item at their last meeting and
being there were only four members in attendance, they choose to continue when there is a full
Commission in attendance. Mayor Buelterman stated he would prefer Mayor and Council take
no action until the Planning Commission can discuss and bring back to Mayor and Council. No action required.
Consideration of Ordinances
First Reading, 2016-31, Sec 2-265, Master Plan Implementation Committee.
Monty Parks made a motion to approve for discussion. John Major seconded. Discussion:
Ms. Doyle asked Mr. Hughes for clarification of Section 4 and 6. Mr. Hughes responded that #6
is standard when a committee is formed. Ms. Doyle expressed her concerns. Mayor
Buelterman recommended the removal of Section 4. Ms. Doyle confirmed. She also encouraged
everyone that was instrumental in working on the Master Plan and Carrying Capacity Study be
contacted for possible membership. Mr. Major agreed. Monty Parks made a motion to
approve as amended by removing #4. John Major seconded. Vote was unanimous, 6-0.
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Second Reading, 2016-30, Sec 4-050(F); C-2 Highway Business District. John Major
made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0.
Council, Officials and City Attorney Considerations and Comments
Jason Buelterman stated there are three Search Firms for City Manager Position to be
considered: Colin Baenziger; Stanton Chase; and Underwood & Company. Mayor
Buelterman requested Mayor and Council come together in the hiring of the new City Manager.
He stated that he contacted people within Chatham County that had just gone through the
same process and found out who they chose for their search firm. He then spoke to the
representatives that represent the firms and the people who would conduct the search if they
were hired. Mayor Buelterman spoke with Colin Baenziger and Stanton Chase (Dean Bare) and
was impressed with Mr. Bare as they have worked not only with governmental agencies but
also with the private sector. He explained the cost would be 30% of the first year’s annual
compensation of the City Manager. Mayor Buelterman stated he feels it is worth the
expenditure to use a search firm especially Mr. Bare, Stanton Chase. He also reached out to
the Underwood & Company which are qualified but in his opinion not as qualified as Stanton
Chase as they have a better networking capability. Ms. Doyle stated that in the past, Mayor and
Council did the hiring process and it was successful in the hiring of the current City Manager.
Ms. Doyle continued by stating she does not approve of the fees Stanton Chase will charge as
Mayor and Council need to be fiscal responsible. She is recommending Mr. Berry as Mayor and
Council will be extremely involved in the selection of the new City Manager. Mayor pro tem
Brown expressed his concerns if a candidate cannot be agreed upon – will there be additional
charges. Mr. Hughes stated that if a successful candidate is not found they have not completed
their contract. Mayor pro tem Brown feels Mayor and Council can conduct the hiring process
and not spend funds with either search team. Ms. Doyle stated she contacted GMA for a
reference as they are trust worthy and proven reliable. She is not in favor of Mayor and Council
conducting the search as it entails staff time but does recommend some involvement in the
search. Mr. Major stated in past experiences with search firms, in this case, Mayor and Council
can have as much involvement in the hiring process as they want, i.e., reading of resumes, face
to face conversations, etc. and there is not a risk with the interview process. Bill Garbett
made a motion to approve Stanton Chase as the search firm for the City Manager position.
Julie Livingston seconded. Discussion: Mr. Garbett stated he spoke with Mr. Bare and was
impressed with his credentials. Ms. Doyle thanked Mayor Buelterman for doing his due diligence
with his research. Ms. Livingston thanked Ms. Doyle and Mayor Buelterman for their research
and agreed with Mr. Garbett that Stanton Chase has better resources in finding a potential
candidate. Voting in favor were Julie Livingston, Monty Parks, John Major and Bill Garbett.
Voting against were Wanda Doyle and Barry Brown. Motion passed, 4-2.
Wanda Doyle recommended the Review water leak adjustment process as a result of a
hurricane. Ms. Doyle explained that due to Hurricane Matthew with falling trees, water lines
were broken and there was no way to turn off water as an evacuation order was in place.
Several residents experienced extremely high water bills. She would like the ordinance adjusted
going forward and consideration be given to these circumstances. Ms. Schleicher requested to
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have the administrative ability to adjust at 100%. Ms. Doyle confirmed. To be handled
administratively by the City Manager.
Julie Livingston made a motion to adjourn to Executive Session to discuss litigation, real
estate acquisition and personnel. Wanda Doyle seconded. Vote was unanimous, 6-0.
Monty Parks made a motion to return to regular session. John Major seconded. Vote was
unanimous, 6-0.
Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous,
6-0.
Meeting adjourned at 8:15PM
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Diane Schleicher
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
John King
Charles Matlock CITY ATTORNEY
David McNaughton Edward M. Hughes
Planning Commission Meeting AGENDA November 14, 2016 – 7:00 p.m.
for City Council Meeting December 8, 2016 – 7:00 p.m.
A. Call to Order:
B. Consideration of Minutes:
1. Meeting of October 17, 2016
C. Disclosures/Recusal: D. Old Business:
1. Text Amendment- to the Land Development Code to amend Sec. 3-080D to create a use table with
parking requirements and adjust parking requirements. Additionally to amend Sec. 2-010 Definitions
to add a definition of shopping center.
E. New Business:
Adjournment: Lisa L. Schaaf
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Diane Schleicher
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
John King
Charles Matlock CITY ATTORNEY
David McNaughton Edward M. Hughes
Planning Commission Meeting MINUTES November 14, 2016
Chair Bishop called the November 14, 2016 Tybee Island Planning Commission meeting to order. Commissioners
present were: Demery Bishop, Ron Bossick, Marianne Bramble, David McNaughton, John King and Tina
Gann. Commissioner Matlock was absent.
Consideration of Minutes:
Chair Bishop asked for consideration of October 17, 2016 meeting minutes. Commissioner Bramble made a
motion to approve and Vice Chair Bossick seconded, the vote to approve was unanimous. Disclosures/Recusal: Chair Bishop asked if there were any disclosures or recusals, there were none.
Old Business:
Text Amendment- to the Land Development Code to amend Sec. 3-080D to create a use table with parking requirements and adjust parking requirements. Additionally to amend Sec. 2-010 Definitions
to add a definition of shopping center.
Mr. Shaw approached the Commission and stated the last time this item was before this Commission there were
a few comments that needed to be addressed before it came back. Mr. Shaw stated he believes he addressed
them all. Item number 1 under D he put back and the use table with some other comments addressed, additional
uses and the date to be inserted, also the definition of shopping center. Mr. Shaw also stated the last sentence
under shopping center definition should have been stricken and he apologizes if it was not on their copies the sentence “the parcel is usually under single ownership or unified management”. Commissioner King stated he has a concern with the definition of shopping center being any two businesses including a restaurant concerning the number of parking spaces will be a lot less. Can the definition be changed so that it’s the retail stores but serviced establishments are counted separately? Mr. Shaw stated the one thing that becomes an issue is if you
build a strip center without a restaurant as business closes and a restaurant goes in you can say there is not
enough parking and you can’t have this use, it would be a difficult discussion to have. But with a restaurant space
at in the beginning then there will be a better parking situation. Commission King asked what about increasing
the numbered of business required to call it a shopping center like from two to three that would increase the
parking. Mr. Shaw stated he does not have any objection on that. Commissioner McNaughton made a motion
to approve as written and to exclude the last sentence under the definition of shopping center “the parcel is
usually under single ownership or unified management”. Commissioner Gann seconded and the vote to approve
was three to two the motion to approve carries.
Adjournment:
Commissioner Bramble made a motion to adjourn and Commissioner Gann seconded. Meeting adjourned 7:16pm.
Lisa L. Schaaf
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Diane Schleicher
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
John King
Charles Matlock CITY ATTORNEY
David McNaughton Edward M. Hughes
Planning Commission Meeting MINUTES
October 17, 2016
Vice Chair Bossick called the October 17, 2016 Tybee Island Planning Commission meeting to order. Commissioners
present were John King, David McNaughton, Tina Gann and Ron Bossick. Commissioners absent were Demery Bishop,
Charles Matlock and Marianne Bramble.
Consideration of Minutes: Vice Chair Bossick asked for consideration of September 19, 2016 meeting minutes. Commissioner McNaughton made a motion to approve the minutes, Commissioner Gann seconded and the vote to approve was unanimous. Disclosures/Recusal: Vice Chair Bossick asked if there were any disclosures or recusals, there were none.
Old Business:
Text Amendment-to the Land Development Code to amend Sec. 3-080D to create a use table with
parking requirements and adjust parking requirements. Additionally to amend Sec. 2-010 Definitions to
add a definition of shopping center:
Mr. Shaw stated he amended the previous ordinance to encompass what he believed to be all of the Planning
Commissions comments and changes. Commissioner McNaughton stated that his preference would be to wait
until everyone was present. Commissioner King asked Mr. Shaw if Gas Stations are treated as retail which he did not see listed. Mr. Shaw stated yes because a stand-alone Gas Station almost never exist anymore and that is why he did not put it in the list. He stated the two we have now are also convenience stores so they are treated as retail. Commissioner McNaughton stated in the Shopping center definition the last sentence is not needed. Mr. Shaw stated that he agrees and will strike that sentence. Commissioner McNaughton made a motion to continue for
consideration of changes until the November 14th Planning Commission meeting, Commissioner King seconded the
vote to continue was unanimous.
New Business: Text Amendment-to the Land Development Code to remove Sec. 4-050H- TBR transitional business-residential district and to amend Sec. 4-050F –C2 highway business district to allow for residential uses
by right and above commercial districts:
Mr. Shaw stated right now the City has a zoning district in the ordinance as TBR which is not on our zoning map, it
is described somewhat and as zoning administrator he was never comfortable with where it existed, and in his
opinion you can’t have a zoning district that is not on your map if you have something zoned that way. He stated this
is neither an overlay or a district itself it is an interpretation that he is not comfortable with so he would like to
remove the TBR and make the R2 uses by right in the C2. Commissioner McNaughton stated that he does not understand the second sentence at all. Mr. Shaw stated as an example a home occupation is allowed after special review in R2 so if they want a home occupation in C2 that would also require special review. Commissioner King
asked if the idea of this new one is that they would use the C2 or the R2 setbacks if it was a residential use. Mr. Shaw stated perhaps he should add that to be sure and that is an important point. Vice Chair Bossick asked if an
R2 comes in and it is in a C2 area will there have to be a buffer requirement. Mr. Shaw stated there is one in the C2
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and he thinks that does need to be stated. Commissioner McNaughton made a motion to continue until the
November 14th Planning Commission meeting, Commissioner Gann seconded the vote to continue was unanimous.
Variance and Special Review-consideration of request to place materials in a marsh. Marsh Hen Trail,
north side of Hwy 80/zone r2/pin 4-0024-02-036, 4-0024-02-034, 4-0023-01-001 and 4-0022-01-001:
Mr. Shaw stated this is a continuation of our bike route and will be an off road portion from Byers to the base of
Lazaretto Creek the Trail will stop at Battery Row until the Bridge is fixed, which will have a bike lane. This was
approved by Planning Commission and City Council a couple years ago and DNR also approved the Marsh Buffer their
approval is good for 5 years where ours is only good for a year and has since expired. That is why this if before you again. Commissioner Gann made a motion to approve, Commissioner McNaughton seconded and the vote to approve was unanimous. Commissioner McNaughton made the motion to adjourn and Commissioner King seconded, vote to adjourn
was unanimous.
Meeting adjourned 7:30pm
Lisa L. Schaaf
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City Council Agenda Item Request
Council Meeting Date for Request: December 8, 2016
Item: Alcohol Licenses and Entertainment Licenses
Explanation: _Information for consideration of alcohol and entertainment licenses for calendar year 2017 ALCOHOL AND ENTERTAINMENT LICENSE – 2017
BEER/WINE/LIQUOR - SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
• Agave Bar and Grill Ivet Perez Hernandez 402 First Street
• A-J’s Dockside Restaurant Jacqualand M. Burn 1315 Chatham Ave
• American Legion Post 154 Charles Bolen 10 Veterans Drive
• Benny’s Alvin B. Ward 1517 Butler Ave
• Bernie’s Tybee Island, Inc. Bernie A. Reyes 13 Tybrisa Street
• Bubba Gumbo’s Patrick Burns 4 Old Hwy 80
• Coco’s Sunset Grille Tracy M. McMahon 1-A Old Hwy 80
• 80 East Pub and Grill Anthony J. Baker 725B First Street
• Orriginal Rest Corp dba Jennifer R. Orr 1613 Strand
Fannie’s on the Beach
• Huc-A-Poo’s Bites & Booze Eric Thomas 1213 HWY 80
• Little Italy Tybee Inc. dba La Dolce Vita Heather Perez 1401 Strand
• Surfside Restaurants Corp dba Jennifer R. Orr 404 Butler Ave
Marlin Monroe’s Surfside Grill
• Nickie’s 1971(new owner) Roy Landrum 1513 Butler Ave
• North Beach Bar and Grill Kathryn Williams 33-A Meddin Drive
• RAW Industries Inc dba Ian Davis 18-C Tybrisa
RAW Ingredients
• Bikini’s Inc. dba Rock House Joshua Navon 1518 Butler Ave
• Sting Ray’s Raymond J. Rogers Jr. 1403 Butler Ave
• Sweet Dreams Pavilion Myrtice Morrison Pier / Pavilion
• The Quarter Sports Bar Wayne T. Barlow 604 First Street
• Tybee Sand Bar INC dba The Sand Bar Jennifer Knox 1512 Butler Ave
• Tybee Island Fish Camp Kurtis Schumm 106 S. Campbell Ave
• Wind Rose Café Mary Klein 19 Tybrisa St
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City Council Agenda Item Request (continued)
ALCOHOL AND ENTERTAINMENT LICENSE – 2017
•
BEER/WINE/LIQUOR - SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY
• MacElwee’s Seafood Lynn Zeigler 101 Lovell Ave
• Spanky’s Beachside John Yarbrough 1605 Strand
• Tybee Island Wet Willie’s William Dickinson 16-B Tybrisa
• Tybee Supper Club Michael Scarbrough 35 Meddin Drive
BEER/WINE - SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
• GPSBBQ.COM dba Gerald’s Pig & Shrimp Gerald L. Schantz 1115 HWY 80
• Lighthouse Pizza, Inc. Richard Hammons 15 Tybrisa Street
dba Lighthouse Pizza North
• Tybee Arts Association Kim Trammel 7 Cedarwood Drive
• Tybee Island Historical Society, Inc. Sarah Jones 30 Meddin Drive
• Friends of Tybee Theater dba James Kluttz 10 Van Horne Ave
Tybee Post Theater
BEER/WINE – SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY
• Lighthouse Pizza, Inc. Richard Hammons 15 Tybrisa Street
dba Lighthouse Pizza
BEER/WINE/LIQUOR, SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
WINE – PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED
• Tybee Island Social Club Kurtis Schumm 1311 Butler Ave
BEER/WINE/LIQUOR - BY DRINK FOR CONSUMPTION ON PREMISES ONLY
• Sundae Café Anthony J. Baker 30-A First Street
BEER/WINE/LIQUOR - BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
• Tybee Time Inc. dba Doc’s Bar On Tybee Steven Kellam 10 Tybrisa St
• Tybee Time Inc. dba Tybee Time Bar Steven Kellam 1603 Strand Ave
• Beachview Bed and Breakfast Inn, LLC Karen Kelly 1701 Butler Ave* Sunday Sales Report not received
BEER/WINE/LIQUOR – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED
• Dizzy Dean’s Discount Myrtice Morrison 1516 Butler Ave
• XYZ Liquors Mola Chu Jung 302 First Street
BEER/WINE - SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED
• Chu’s Convenience Mart Richard Frederick Pruden 725 First Street
• Chu’s Convenience Mart #101 Mola Chu Jung 306 First Street
• Chu’s Convenience Mart #102 Mola Chu Jung 1603 Inlet Ave
• Jaydeep LLC dba Shell Food Mart Rajesh Patel 1315 Butler Ave
• Stewart’s Bait and Tackle John Bradley Stewart 4-F Old HWY 80
• Tybee Market Inc. Michael J. Hosti 1111 Butler Ave
ENTERTAINMENT ONLY
• Tybee Wedding Chapel LLC Stacye C. Jarrell 1114 HWY 80
Submitted by: Sharon Shaver
Phone / Email: 912 472-5072
Date given to Clerk of Council December 1, 2016
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THIRD AMENDMENT TO INTERGOVERNMENTAL CONTRACT
(City of Tybee Island)
This Third Amendment to Intergovernmental Contract (this "Third Amendment"), dated as of November 1, 2016, between the GEORGIA INTERNATIONAL AND MARITIME
TRADE CENTER AUTHORITY, a public body corporate and politic and an instrumentality
of the State of Georgia, created under the laws of the State of Georgia (the "Authority"), and the CITY OF TYBEE ISLAND, a municipal corporation and a political subdivision of the State of Georgia (the "City");
W I T N E S S E T H:
WHEREAS, the City and the Authority entered into an Intergovernmental Contract (the "Contract") dated as of December 1, 1997, as amended, for the purpose of having the Trade Center Tax described in the Contract and collected by the City paid to the Authority in order to
assist the Authority in providing for the operation and management of the Georgia International
and Maritime Trade Center (the "Trade Center"); and
WHEREAS, Section 1.1 of the Contract, as amended, provides for its expiration on the earlier of December 31, 2016, or the date on which the Trade Center will no longer be operated
for the purposes authorized by Georgia law; and
WHEREAS, the parties hereto wish to extend the expiration date of the Contract pursuant to the terms of this Amendment;
NOW, THEREFORE, the City and the Authority agree as follows:
1. Section 1.3 of the Contract is hereby stricken in its entirety and a new Section 1.3 is hereby inserted in lieu thereof to read as follows:
Section 1.3 Effective Date; Duration of Term. This Contract shall be
effective as of December 31, 2016, and shall expire on the earlier of December
31, 2036, or the date on which the Trade Center is no longer operated for the purposes authorized by the Georgia law creating the Authority. This Contract may
be renewed by agreement of the parties hereto.
2. Notwithstanding any other provision contained in the Contract, the City is expressly
authorized to seek to increase its hotel/motel tax rate as authorized under O.C.G.A. § 48-13-51 [including, but not limited to, subsection (b) thereof] in order for the City to secure proceeds for tourism product development and other purposes. Thus, if the City secures
authorization for such an increase, it would no longer be collecting the tax pursuant to
O.C.G.A. § 48-13-51(a)(3.2) at a rate of 6% but, rather, would be collecting the tax
pursuant to local legislation and at a higher rate; however, the amount and the rate payable to the Authority would continue at 1 cent of the tax and, if necessary and
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appropriate, such payment may be made through and under a contract with the private
sector non-profit organization, as defined in O.C.G.A. § 48-13-51(A) of paragraph 8.
3. Except as amended hereby, all other provisions of the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the Authority and the City have caused this Amendment to
Intergovernmental Contract to be executed by their duly authorized officers in their respective
corporate names and their respective corporate seals to be hereunto affixed and attested, all as of the date first above written.
GEORGIA INTERNATIONAL AND MARITIME
TRADE CENTER AUTHORITY
(Corporate Seal)
By:_____________________________________
Chairman
Attest: _____________________________________
Secretary
CITY OF TYBEE ISLAND (Corporate Seal)
By:_____________________________________
Mayor
Attest:
_____________________________________
Clerk
Tybee/22781/Contracts-Agreements/Ga Int’l Maritime Trade Ctr/3d Ame - Trade Center Agreement – 11.02.16
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City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by
4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the
deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 12/8/16
Item: 2017 Georgia Classic Main Streets Memorandum of Understanding (MOU)
Explanation: The 2017 Georgia Classic Main Street Program Memorandum of Understanding (MOU)
and the 2017 National Main Street Center’s Sublicensing Agreement are included with
the attachment. The MOU and Agreement, with all required signatures, from the
community must to be submitted to DCA prior to February 17, 2017.
Budget Line Item Number (if applicable):
Paper Work: X Attached*
____ Audio/Video Presentation**
* Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting.
Submitted by: Chantel Morton – Executive Director, Development Authority / Main Street
Phone / Email: 912/472-5071 / cmorton@cityoftybee.org
Comments: ________________________________________________________________________________
__________________________________________________________________________________________
Date given to Clerk of Council 11/29/16
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November 21, 2016
To Whom It May Concern:
Enclosed you will find a copy of the 2017 Georgia Classic Main Street Program
Memorandum of Understanding and the 2017 National Main Street Center’s
sublicensing agreement. As per the National Main Street Center requirements
all accredited Main Street cities must have a current signed MOU and
sublicensing agreement on file with the Georgia Department of Community
Affairs in order to retain the services of our office along with the use of the
Main Street name.
The enclosed document must be signed by the Mayor, Board Chair and local
Manager and returned to DCA by no later than February 17, 2017. Failure to
comply may result in probationary status or loss of accreditation for the local
Main Street program in 2017.
As per this MOU agreement the local municipality is required to notify the
Office of Downtown Development within one week of any Downtown Director
Vacancy. If at any point during the 2017 calendar year there is a change in the
local program manager, the local program is required to submit a new MOU
including the new manager’s signature to DCA, clarifying that person’s
understanding of the requirements of the this relationship.
Regards,
Jessica Reynolds,
Director, Office of Downtown Development &
Georgia Main Street Program
Georgia Department of Community Affairs
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2017
Georgia Classic Main Streets
Memorandum Of
Understanding
MOU
1/1/2017
This document should be signed by all local parties (Mayor, Board Chair, Main Street Program Manager) and returned including original signatures to the Georgia Department of Community Affairs, c/o Leigh Burns,
60 Executive Park South, NE, Atlanta, Georgia 30329 by FEBRUARY 17, 2017.
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GEORGIA CLASSIC MAIN STREETS PROGRAM
MEMORANDUM OF UNDERSTANDING
2017 Program Year
This agreement is entered into and executed by the Georgia Department of Community Affairs Office of Downtown Development
(hereinafter referred to as “DCA”), the City/Town of ________________________________, Georgia (hereinafter referred to as
“Community”), the Local Main Street Program Board of Directors, and the Downtown Manager for the Community. DCA will enter into
this agreement with the above parties to provide services in return for active and meaningful participation in the Georgia Classic Main
Streets Program by the Community as specified below.
This agreement outlines the necessary requirements set forth by DCA for the Community’s participation in the Georgia Classic Main
Streets Program for 2017. DCA is the sponsoring state agency for the Georgia Classic Main Street program and is licensed by the
National Main Street Center (hereinafter referred to as “National Program”) to designate, assess, and recommend for accreditation
Main Street programs within the State of Georgia.
In recognition of the agreement by DCA, the Community, the Board of Directors, and the Downtown Manager to maintain an active
Local Main Street Program, the parties have agreed to the following:
ARTICLE 1: THE COMMUNITY AGREES TO—
1. Appoint or contract with an entity to serve as the Board of Directors for the local Main Street Program. The city council
may not serve as the Main Street Board.
2. Set and review boundaries for the target area of the local Main Street Program.
A. A copy of these boundaries should remain on file with DCA at all times.
B. The Community should work with the Board of Directors to review boundaries at least once every three years.
3. Employ a paid professional downtown manager responsible for the daily administration of the local Main Street Program.
A. The downtown manager must have a job description that identifies at least 75% of their duties (if a full time
employee) or all of their duties (if a part-time employee) that are directly related to Main Street activities. A copy
of the job description should remain on file with DCA at all times.
B. The downtown manager should be paid a salary consistent with other community and economic development
professionals within the state. The program manager’s salary must be paid in excess of minimum wage.
C. The Community must notify DCA within one week of any downtown manager vacancy and the Community must
appoint an interim downtown manager until the position is filled. DCA must have accurate contact information
for the downtown manager at all times.
D. Provide an annual evaluation of the downtown manager. If the manager is employed by an entity other than the
local government, require that entity to provide an annual evaluation and performance review.
4. Provide for local Main Street Program solvency through a variety of direct and in-kind financial support.
A. If the downtown manager is an employee of the local Main Street Program and not the Community, the
Community assures that the program has the financial means to pay for said manager for the period of this
agreement.
B. The local Main Street program must maintain an identifiable and publicly accessible office space. DCA
encourages this space to be in the local Main Street program area.
C. The local Main Street program must have sufficient funding to provide travel and training for the downtown
manager and the Board of Directors.
5. Assist the downtown manager in compiling data required as part of the monthly reporting process.
A. Provide for a positive relationship between the downtown manager and key city staff to access the following
information in a timely manner:
i. Business license data
ii. Building permit data
iii. Property tax data
iv. Geographic Information Systems data (mapping support when available)
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B. Review reported data submitted by the downtown manager to assure accuracy.
6. Use the “Main Street America™” name in accordance with the National Main Street Policy on the Use of the Name Main
Street.
7. Notify DCA in writing prior to any wholesale changes in the local program, including staff changes, major funding
changes, change in organizational placement of the program or major turnover in the board of directors. Such notice
should be within one business week of said changes. Changes may result in program probation, the loss of accreditation
or removal of program designation.
ARTICLE 2: THE BOARD OF DIRECTORS AGREES TO—
1. Assist the downtown manager in creating an annual work plan that incorporates incremental and meaningful goals related
to the Main Street Approach™ to downtown revitalization: Community Transformation Strategies, Organization, Design,
Promotion and Economic Vitality.
A. The work plan should include specific tasks, assignments or a point of contact for the task, related budget needs,
and a timeline.
B. The work plan should be created on a Calendar Year format in concurrence with this Agreement (2017), and can
serve as a strategic plan for the local program for a period of three years or less.
C. A copy of the work plan should be on file and updated with DCA.
2. Provide opportunities for regular public engagement and support of the Local Main Street Program.
A. DCA recommends a public downtown visioning event/town hall meeting at least once every three years.
B. The Board should identify opportunities for volunteer support and assistance in executing the work plan.
C. The Board should actively engage the community for financial and in-kind support of the local program.
3. Conduct, at least, one board training, orientation or planning retreat per year for the local program.
4. Meet a minimum of 6 times per year and minutes of each meeting are maintained and distributed. Such meetings should
be open to the public and public notice should be given related to meeting times and agendas.
5. Attend training when possible to become better informed about the Main Street Approach™ and trends for downtown
revitalization and to support the downtown manager.
6. Newly Appointed Board Members are required to attend Main Street 101, hosted by the Office of Downtown
Development, within their first year of their first term.
7. Assure the financial solvency and effectiveness of the Local Main Street Program.
A. Adopt an annual budget that is adequate to support the annual work plan, maintain an office and support staff,
and provide for training and travel.
B. Maintain current membership of the Local Main Street Program to the National Main Street Center to be eligible
for accreditation.
C. Provide for policies to expend funds, enter into debt, and provide programming support for the local Main Street
Program.
ARTICLE 3: THE DOWNTOWN MANANGER AGREES TO—
1. Complete all reporting required by DCA to maintain National Accreditation of the local Main Street Program.
A. Complete monthly economic and programming activity reports, including portions of said reports that are
required as part of the local program assessment process by DCA. These reports must be completed by the
30th of the following month. (Example: March report due by April 30th). Failure to complete monthly reports in a
timely manner may result in program probation, the loss of accreditation or removal of program designation.
B. Participate in occasional surveys by DCA related to Main Street programming.
C. Provide documentation of all meetings, work plans, budgets, job descriptions, and mission/vision statements for
the organization.
D. Provide documentation to support the work of the organization as it relates to the Main Street Approach™,
including information related to historic preservation as required by the National Main Street Center.
E. Provide, from time to time, documentation related to local ordinances, plans, codes, and policies that are specific
to the Community’s downtown area.
2. Participate in training to broaden the impact of the local Main Street Program.
A. One representative from the local program should attend at least one Regional Managers meeting in 2017.
B. The downtown manager and/or board members are expected to attend at least one preservation-related training
annually.
C. DCA requires managers to attend at least 30 hours of training annually (including webinars, regional managers
meetings, annual trainings, statewide workshops, etc.) Eligible training hours can come from both DCA and non-
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DCA hosted training events. Training must be relevant to the field of downtown development, historic
preservation, planning, community development and economic development.
D. Respond to requests by DCA in a timely manner.
3. Take advantage of the Georgia Classic Main Street network of professional downtown managers.
4. All newly hired managers must complete Main Street 101 training with DCA within the first 6 months of employment in the
local community.
5. Provide regular updates between the local Main Street Program and the Community.
A. Managers are encouraged to provide at least quarterly reports to the local government.
B. Managers are encouraged to provide copies of all minutes, budgets, and work plans to the local government in a
timely manner.
6. Maintain and preserve project files. Document downtown projects and other major local program information in a
thorough and systematic fashion. All relevant programmatic documentation should be uploaded and stored in the DCA
shared Dropbox folder created for your local program. This is to help ensure a seamless transfer of project files to city
representatives or successor manager in the event of personnel changes.
ARTICLE 4: DCA AGREES TO—
1. Supervise all communications between the Community, state government agencies and the National Main Street Center
as it relates to the local Main Street Program.
2. Conduct a curriculum of training on an annual basis to assist the downtown manager, the Main Street Board, and the
Community with the local downtown revitalization program.
A. DCA will offer a series of webinars (live and pre-recorded) on a diverse set of downtown related topics and will
upload a copy of recorded webinars to the Georgia Main Street YouTube Channel.
B. DCA will offer seven Regional Managers Meetings statewide in 2017.
C. DCA will offer four Main Street 101 workshops and one Main Street 201 workshop throughout the year, with
topics related to the Main Street Approach™
3. Assist local Main Street Programs with organizational issues that may prevent the successful progress of the
Community’s downtown revitalization strategy.
A. DCA may provide assistance, directly or through partnerships, to assist in the execution of local organization
strategy sessions, trainings, retreats, and community visioning sessions.
B. DCA may assist communities in selecting candidates for the position of downtown manager as requested.
C. DCA may require a local Main Street Program to host an on-site assessment visit if the program has had a major
leadership or organization change, is currently in a probationary status, or is in jeopardy of losing accreditation or
designation status.
4. Provide timely assistance and guidance to the Community as a result of requests for service, monthly reports, or the
annual assessment process.
A. DCA may contact a community upon observation of monthly reporting abnormalities, missing data or missing
reports. If a community becomes delinquent in multiple reports, DCA may contact the local board chair or city
administrator about the delinquency.
B. DCA may assist in training local staff or volunteers in the reporting process.
C. DCA will provide unlimited telephone consultations with local programs.
D. DCA will attempt to provide on-site assistance as feasible.
5. Provide ongoing press coverage of the Georgia Classic Main Streets Program, including social media outreach, to
recognize and publicize the work of local programs.
6. Provide access to resource materials, sample codes and ordinances, organizational documents, and templates for local
programs.
7. Conduct an annual program assessment for the Community highlighting success and opportunities for improvement.
8. Provide design services to the local program at a discounted rate. Services may include phone consultations, site visits,
design training, services for local property owners and merchants, conceptual drawings, property plans and layouts,
corridor plans and strategies, historic preservation plans, and historic research, among other services as requested.
9. Provide economic development assistance to encourage small business development, real estate development and
property rehabilitation within the downtown area.
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ARTICLE 5: ALL PARTIES AGREE THAT—
1. This agreement shall be valid through December 31, 2017.
2. This agreement may be terminated by DCA or the Community by written notice of 60 days. Termination of this
agreement by the Community will result in the loss of local Main Street designation. Communities that choose to
terminate their Georgia Classic Main Streets Program affiliation will be required to formally apply for and participate in the
Start-Up process if they desire to regain their National Accreditation in the future.
3. If the Community, Board of Directors and/or Downtown Manager fail to fulfill their obligations set forth in this agreement,
DCA reserves the right to determine a course of action for the local Main Street Program as it deems appropriate. Such
course may include probation, loss of accreditation or termination of designation.
4. If at any point during the 2017 calendar year there is a change in the local program manager, the local program is
required to submit a new MOU including the new manager’s signature certifying that person’s understanding of the
requirements of this relationship.
5. Any change in the terms of this agreement must be made in writing and approved by both parties.
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GEORGIA CLASSIC MAIN STREET PROGRAM
MEMORANDUM OF UNDERSTANDING: 2017 Program Year
THIS AGREEMENT IS HEREBY EXECUTED BY AND BETWEEN THE PARTIES BELOW:
LOCAL GOVERNMENT (COMMUNITY): ___________________________________________
___________________________________________ ________________________
Mayor/Chief Elected Official’s Signature Date
___________________________________________ ________________________
Printed Name Date Term Expires
MAIN STREET BOARD OF DIRECTORS
___________________________________________ _________________________
President/Board Chairperson’s Signature Date
___________________________________________ _________________________
Printed Name Date Term Expires
DOWNTOWN MANAGER
___________________________________________ _________________________
Manager’s Signature Date
___________________________________________ __________________________
Printed Name Date Hired
Please check here if this position is vacant.
GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
OFFICE OF DOWNTOWN DEVELOPMENT
GEORGIA MAIN STREET PROGRAM
___________________________________________ _________________________
Director’s Signature Date
Jessica Reynolds Director, Office of Downtown Development Phone: 404-679-4859
Georgia Department of Community Affairs Email: Jessica.reynolds@dca.ga.gov
60 Executive Park South, NE Atlanta, Georgia 30329
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TRADEMARK SUBLICENSE AGREEMENT
This Trademark Sub-license Agreement (“Sub-license Agreement”) is entered
into between the Office of Downtown Development (“Coordinating Program”) and
_____________________ (“Sublicensee”), effective as of January 1, 2017. For good and
valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree
as follows:
1. Background.
A. The National Main Street Center, Inc. (“NMSC”) operates a membership program called
MAIN STREET AMERICA™. As a part of that program, MAIN STREET AMERICA™ Coordinating
Program Membership is available to statewide, regional or citywide organizations that oversee
multiple local downtown and neighborhood programs within their service area and work to
preserve and revitalize commercial districts. Local Program membership in the MAIN STREET
AMERICA™ program is available at the Affiliate or Accredited levels to individual programs or
organizations that satisfy the membership eligibility criteria described on the NMSC website
(currently located at: http://www.preservationnation.org/main-street/about-main-street/main-
street-america/main-street-america-tier.html#.VmYLY7grLIU).
B. Organization is a Coordinating Program member of NMSC in good standing and has
entered into a Trademark License Agreement with the NMSC which grants to the State Program
the right to sublicense to its Local Programs the use of the NMSC name and trademarks described
below.
C. Sublicensee is a Local Program Member in good standing of the MAIN STREET
AMERICA™ program at the Accredited level. Sublicensee is also located within the Coordinating
Program’s geographic service area. Therefore, Sublicensee has the opportunity to enter into this
Trademark License Agreement, which grants certain rights to use the NMSC’s name and
trademarks, including MAIN STREET AMERICA™ and MAIN STREET®, as described below.
D.The NMSC’s parent entity, the National Trust for Historic Preservation (“National
Trust”), owns the following registered trademarks, which it has delegated to the NMSC the right to
sublicense. NMSC and CoordinatingProgram have entered into a Trademark Licensing Agreement
which grants the Coordinating Program the right to sublicense the following registered trademarks:
Mark U.S. Registration Number
MAIN STREET Reg. Nos. 3,365,568 and 2,057,207
NATIONAL MAIN STREET CENTER Reg. No. 2,013,837
These registered trademarks owned by the National Trust, together with the MAIN STREET
AMERICA™ word marks and logos referred to in Section 2.A.1 below, the NATIONAL MAIN
STREET CENTER logo referred to in Section 2.A.ii below are referred to herein as the
“Trademarks.”
E. The Trademarks are well known and recognized by the general public and associated in
the public mind with the NMSC and the National Trust. The Coordinating Program and the
Sublicensee recognize the mutual benefits that accrue from the Sublicensee’s use of the Trademarks
in accordance with the terms and conditions of this Sublicense Agreement, including the
recognition and credibility brought to the Sublicensee through its use of these Trademarks and the
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National Main Street Center
Local Program Accredited Member Sublicensing Agreement
2
benefit to the Coordinating Program and NMSC from association with high-performing Local
Programs.
2. Grant of Sub-License.
A.Subject to the terms and conditions of this Sublicense Agreement, the Coordinating
Program hereby grants the Sublicensee the non-exclusive right and license to use the Trademarks
to identify and promote its participation in the MAIN STREET AMERICA™ program, as well as its
relationship and association with the Coordinating Program and NMSC, in connection with the
following activities:
i.MAIN STREET AMERICA™ word and logo marks. The Sublicensee’s rights to use
the MAIN STREET AMERICA™ word mark and the following MAIN STREET AMERICA
logo are limited to Sublicensees which are members in good standing at the Accredited
membership level of the MAIN STREET AMERICA™ program:
For use by Local Programs who are Designated Members at the Accredited Level:
ii.NATIONAL MAIN STREET CENTER® word and logo marks. The Sublicensee’s
right to use the NATIONAL MAIN STREET CENTER word mark and the following
NATIONAL MAIN STREET CENTER logo solely and exclusively to indicate its
association with the National Main Street Center:
iii.MAIN STREET® word mark. The Sublicensee’s right to use the MAIN STREET
trademark is limited to use made to identify Sublicensee and/or its activities, including
as part of the name of the Licensee (e.g. “Main Street Iowa”), in connection with
commercial district revitalization and related consultation, education, and training.
3. Scope of and Limitations on Use. Use of the Trademarks by the Sublicensee will be subject
to the following limitations:
A.Sublicensee must display the Accredited level MAIN STREET AMERICA membership
mark on their website. All uses of the MAIN STREET AMERICA word mark and logo by
Sublicensee must follow the specific mark, color, and character usage set forth in the Brand
Identity Guidelines attached as Exhibit A, which are incorporated by reference as if fully set forth
herein. Sublicensee will not use or develop any different logos or designs (including any symbols or
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National Main Street Center
Local Program Accredited Member Sublicensing Agreement
3
stylized presentations), in connection with the MAIN STREET AMERICA mark or logo. Use of the
MAIN STREET AMERICA word mark and logos by Sublicensee is a mandatory condition of
membership in the MAIN STREET AMERICA program.
B.The MAIN STREET mark, as part of the name and identity of Sublicensee’s
organization, programs, and activities, can be used on materials designed to promote the work of
Sublicensee (e.g., website, brochures, newsletter, letterhead or other printed promotional
materials). The right to use the MAIN STREET mark by the Sublicensee is an optional benefit of
membership in the MAIN STREET AMERICA program.
C.All uses of the NATIONAL MAIN STREET CENTER logo by Sublicensee must follow
the specific mark, color, and character usage set forth in the Brand Identity Guidelines attached as
Exhibit A, which are incorporated by reference as if fully set forth herein. Sublicensee will not use
or develop any different logos or designs (including any symbols or stylized presentations) in
connection with the NATIONAL MAIN STREET CENTER mark. Use of the NATIONAL MAIN
STREET CENTER logo by Sublicensee is an optional benefit of membership in the MAIN STREET
AMERICA program.
D.This Sublicense Agreement is subject to the terms, conditions, and limitations of the
Trademark License Agreement between NMSC and the CoordinatingProgram.
E.Sublicensee will not apply to register any of the Trademarks, or any other trademark
that incorporates any part of the Trademarks or “National Trust for Historic Preservation.”
Sublicensee will not state or imply that it owns any such trademarks.
F.The Sublicensee will not use the Trademarks in combination with or in juxtaposition
with other trademarks except as may be approved in writing by the NMSC. The Sublicensee will
apply and display the ® symbol and the ™ symbol next to or with respect to the Trademarks as
directed by the CoordinatingProgram.
G.Other than as specifically provided herein, Sublicensee is not granted any other rights
to use, license or sublicense the Trademarks.
4.Term. This Sublicense Agreement will become effective immediately upon the date of last
signature below, and, unless terminated early under Sections 5 or 10, will be effective through
December 31, 2017, at which time it may be renewed by mutual written agreement of the parties
hereto.
5.Conditions. This Sublicense Agreement between State Program and Sublicensee is
conditioned upon Sublicensee having an active MAIN STREET AMERICA membership at the
Accredited level with NMSC. The requirements of this membership are currently
available at: http://www.preservationnation.org/main-street/about-main-street/main-street-
america/main-street-america-tier.html#.VmYLY7grLIU, and are incorporated herein by reference.
6.Acknowledgment of Ownership. Use of the Trademarks indicates acknowledgment by the
Sublicensee of the NMSC’s and the National Trust’s rights and title to the Trademarks, (i.e. MAIN
STREET AMERICA, NATIONAL MAIN STREET CENTER, and MAIN STREET), and that
Sublicensee will not at any time do, or permit to be done, any act or thing that will in any way
impair the rights of the NMSC or the National Trust. All use of the Trademarks by the Sublicensee
will inure to the benefit of the NMSC and the National Trust.
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National Main Street Center
Local Program Accredited Member Sublicensing Agreement
4
7. Good will and promotional value. Sublicensee recognizes and acknowledges the value of
good will associated with the Trademarks and agrees that it will not conduct any activity, provide
any service, or produce or distribute goods which in any way damages or reflects adversely upon
the NMSC or the National Trust.
8. Non-assignment. This Sublicense Agreement is personal to the Sublicensee, and may not be
assigned to any other individual, program, organization, or agency. Any attempted assignment will
be null and void.
9.Compliance Verification. It is the responsibility of the Sublicensee to verify compliance with
the terms of this Sublicense Agreement, and to provide complete and accurate usage reports to the
State Program. If the State Program or the NMSC has reason to believe that the Sublicensee is in
violation of this Sublicense Agreement, the State Program or NMSC shall have the right to make
inquiries with Sublicensee as necessary to determine compliance. In such case, the Sublicensee will
cooperate with the State Program and/or NMSC in its investigation and provide in a timely fashion
any and all information that is requested.
10. Termination.
A. Coordinating Program may terminate this Sublicense Agreement if the Sublicensee
violates any of the provisions of this Sublicense Agreement or fails to satisfy the
membership criteria established by the NMSC for Accredited Local Programs. Such
termination will be effective thirty (30) days after the Coordinating Program sends written
notice of such termination to Sublicensee. During this thirty (30) day period, Sublicensee
may attempt to cure such violation. If the violation is not cured during this period, the
termination will be effective upon the expiration of the thirty (30) day period.
B. This Sublicense Agreement will automatically terminate immediately without any notice
required, notwithstanding the above paragraph, if the Coordinating Program or NMSC
determines: (i) that sublicensee’s actions could negatively affect the goodwill, image, or
reputation of the NMSC, the National Trust for Historic Preservation, the Coordinating
Program, or any of the Trademarks; (ii) the Sublicensee discontinues all or a significant
portion of its business; (iii) the National Trust terminates, revokes, or fails to renew the
NMSC’s rights to use, license, or sublicense the Trademarks; or (iv) the NMSC terminates,
revokes or fails to renew the Coordinating Program’s rights to use, license or sublicense the
Trademarks.
C. Upon the expiration or early termination of this Agreement, the Sublicensee will
discontinue use of the Trademarks and will destroy and delete tangible and electronic
documents and files containing any such marks, except for a limited number of copies
retained for archival purposes only.
11. Governing Law. This Agreement is entered into in the District of Columbia and will be
governed by and construed in accordance with the laws of the District of Columbia, USA, without
giving effect to conflict of laws provisions.
12. Annual Report, Notices, Other Communication. Upon request by the Coordinating
Program or NMSC, Sublicensee shall submit samples of any materials on which the Trademarks
licensed under this agreement were used during the year. Such samples shall be submitted within
ten business days of receipt of a written request from the Coordinating Program or NMSC.
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National Main Street Center
Local Program Accredited Member Sublicensing Agreement
5
13. Notices. Any notices which either party is required or may desire to serve upon the other party
shall be in writing and may be served either personally or by depositing the same in the mail (first
class postage prepaid, certified and return receipt requested) or with a reputable overnight express
delivery service (with confirmed delivery, charge prepaid or billed to shipper), addressed to the
party to be served as follows, unless a different address is designated in writing by the party to be
served. Notice shall also be required to be given by electronic mail on the same date as deposited in
the mail. Notice given by mail alone shall not be sufficient.
To Coordinating Program:
Name: The Office of Downtown Development
Address: Georgia Department of Community Affairs,
c/o Office of Downtown Development
60 Executive Park South, NE
Atlanta, GA 30329
Phone: 404-679-4859
Email: jessica.reynolds@dca.ga.gov
To Sublicensee:
Name:_________________________
Address:_______________________
______________________________
Phone:_________________________
Email:_________________________14. Successors. This Agreement shall be binding upon, and will inure to the benefit of, the
parties and their respective permitted successors and assigns.
15. Modification. No amendment or modification of the terms or conditions of this License
Agreement will be valid unless in writing and signed by both parties.
16. Waiver. The failure of either party to partially or fully exercise any right or the waiver by
either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a
waiver of any subsequent breach of the same or any other term of this Sublicense Agreement. No
waiver shall be valid or binding unless in writing and signed by the waiving party.
17. Severability. If any provision of this Sublicense Agreement or the application of any
provision hereof to any person or circumstances is held to be void, invalid, or inoperative, the
remaining provisions of this Agreement shall not be affected and shall continue in effect and the
invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
18. Entire Agreement. This Sublicense Agreement is the entire agreement between the parties
with respect to the matters referred to herein and it supersedes and replaces all prior and
contemporaneous oral and written understandings pertaining to the subject matter hereof.
Coordinating Program
By: Jessica Reynolds, Director
Office of Downtown Development
Sublicensee
By: ___________________________
Name, Title
Date: _________________________
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City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda.
Council Meeting Date for Request: 12.8.16
Item: Waiver of Non-Structural Roofing, Siding and Tree Removal Permit Fees.
Explanation: Total value of waived fees $17,533 as of 12.1.16
Budget Line Item Number (if applicable): Paper Work: ___X_ Attached*
______ Audio/Video Presentation**
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
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Waived Fees Report Post Hurricane Matthew
October and November
Roof permits – 121
Other permits (mostly siding and fencing) – 33
Tree removal permits – 21*
Total value of waived fees $17,533
*Tree removal fees estimated based on trees being dead. I am certain that many more trees were
removed than permitted and undoubtedly some of them were not dead.
We will continue to waive fees for storm damaged roofing, siding, and trees through Dec. 8th or until we
are given further guidance.
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City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda.
Council Meeting Date for Request: 12.8.16
Item: DPW Transition Station - “City Dump” – Request return to normal hours (Monday – Sunday, 12 noon to
2 pm and cease the waiver of fees for disposal
Explanation:
Paper Work: ___X___ Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email
to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
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City yard is open from 8:30 am to 11:30 am daily - Beginning October 22, 2016 - NO CHARGE
Date Description Weigh In
Weigh
Out
Total
Weight lbs lbs tons rate
10/22/2016 Household items 4800 4740 60 To date total 219042 109.52 0.05$
10/22/2016 Fence 5400 5300 100
10/22/2016 Sheetrock 3940 3680 260 October 63290 31.645 0.05$
10/22/2016 Sheetrock 3960 3680 280 November 153192 76.596 0.05$
10/22/2016 Household items 10000 7280 2720 December 2560 1.28 0.05$
10/24/2016 Sheetrock 3940 3680 260
10/22/2016 Household items 10200 7800 2400
10/22/2016 Mattress 5560 5460 100
10/22/2016 Household items 8140 7640 500
10/22/2016 Sheetrock 10160 7820 2340
10/22/2016 Boxes 5400 5320 80
10/22/2016 Household items 8480 7800 680
10/22/2016 Household items 5700 5440 260
10/22/2016 Household items 3500 3440 60
10/22/2016 Household items 8380 7320 1060
10/22/2016 Rope 4580 3860 720
10/23/2016 Household items 5800 5540 260
10/23/2016 Household items 5840 5600 240
10/23/2016 Household items 4480 4240 240
10/23/2016 Household items 5640 5540 100
10/24/2016 Household items 3500 3400 100
10/24/2016 Household items 3000 2900 100
10/24/2016 Household items 8500 7800 700
10/24/2016 Wood 3100 2900 200
10/24/2016 Household items 8400 7800 600
10/24/2016 Household items 5500 5300 200
10/24/2016 Household items 7000 6400 600
10/25/2016 Household items 4800 4000 800
10/25/2016 Household items 4800 4000 800
10/25/2016 Household items 5800 5600 200
10/25/2016 Household items 4900 4760 140
10/25/2016 Household items 4800 4760 40
10/25/2016 Household items 5000 4400 600
10/25/2016 Household items 7000 5780 1220
10/25/2016 Household items 4800 4760 40
10/25/2016 Household items 5600 5400 200
10/25/2016 Household items 5000 4400 600
10/25/2016 Household items 5000 4800 200
10/26/2016 Household items 4800 4200 600
10/26/2016 Household items 5800 5200 600
10/26/2016 Household items 5700 5690 10
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10/26/2016 Household items 4300 4260 40
10/26/2016 Household items 6400 6100 300
10/26/2016 Household items 4200 4100 100
10/26/2016 Household items 5500 4900 600
10/26/2016 Household items 4500 4400 100
10/25/2016 Trash 14600 13600 1000
10/26/2016 Household items 5800 5000 800
10/26/2016 Household items 5800 5000 800
10/27/2016 Household items 3800 3420 380
10/27/2016 Household items 8700 7260 1440
10/27/2016 Household items 6560 5180 1380
10/27/2016 Household items 4720 4240 480
10/27/2016 Household items 8400 7260 1140
10/27/2016 Household items 5200 4980 220
10/27/2016 Household items 4960 4620 340
10/27/2016 Household items 4920 4580 340
10/27/2016 Household items 8460 7260 1200
10/27/2016 Household items 4880 4620 260
10/27/2016 Household items 6160 6060 100
10/27/2016 Household items 4060 3620 440
10/27/2016 Household items 4720 4640 80
10/27/2016 Household items 4060 3920 140
10/27/2016 Household items 5060 4020 1040
10/27/2016 Household items 5980 5900 80
10/27/2016 Household items 3880 3780 100
10/27/2016 Household items 5940 5300 640
10/27/2016 Household items 8620 7240 1380
10/27/2016 Household items 3880 3780 100
10/27/2016 Household items 5500 5220 280
10/28/2016 Household items 5000 4700 300
10/28/2016 Household items 9400 7400 2000
10/28/2016 Household items 4000 3900 100
10/28/2016 Household items 4000 3900 100
10/28/2016 Household items 9500 7300 2200
10/28/2016 Household items 7600 6860 740
10/28/2016 Household items 6140 5000 1140
10/28/2016 Household items 5080 4000 1080
10/28/2016 Household items 5500 5000 500
10/28/2016 Household items 4000 3900 100
10/28/2016 Household items 6000 5900 100
10/29/2016 Household items 5160 5080 80
10/29/2016 Household items 5000 4800 200
10/29/2016 Household items 10500 9700 800
10/29/2016 Household items 10300 9600 700
10/29/2016 Household items 3800 3600 200
10/29/2016 Household items 6000 5700 300
10/29/2016 Household items 4500 4000 500
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10/29/2016 Household items 10000 9500 500
10/29/2016 Household items 13000 12900 100
10/29/2016 Household items 9000 6000 3000
10/29/2016 Household items 4500 4480 20
10/29/2016 Household items 3500 3100 400
10/29/2016 Household items 5500 5000 500
10/29/2016 Household items 6500 5500 1000
10/29/2016 Household items 6100 5500 600
10/30/2016 Household items 8500 7000 1500
10/30/2016 Household items 6100 5500 600
10/30/2016 Household items 6400 6300 100
10/30/2016 Household items 6400 5400 1000
10/30/2016 Household items 4000 3700 300
10/30/2016 Household items 4900 4800 100
10/30/2016 Household items 6000 4900 1100
10/31/2016 Household items 6000 5400 600
10/31/2016 Household items 5600 5400 200
10/31/2016 Household items 5600 5300 300
10/31/2016 Household items 4860 4700 160
10/31/2016 Household items 4800 4600 200
10/31/2016 Household items 6000 5500 500
10/31/2016 Household items 6000 5300 700
10/31/2016 Household items 3500 3400 100
10/31/2016 Household items 4800 4600 200
10/31/2016 Household items 3600 3500 100
10/31/2016 Household items 4600 3600 1000
10/31/2016 Household items 7000 6500 500
10/31/2016 Household items 8500 8400 100
10/31/2016 Household items 5680 5580 100
11/01/2016 Household items 5500 5200 300
11/01/2016 Household items 8400 7000 1400
11/01/2016 Household items 6000 5500 500
11/01/2016 Household items 5000 4900 100
11/01/2016 Household items 8000 6700 1300
11/01/2016 Household items 8300 2100 6200
11/01/2016 Household items 5400 5000 400
11/01/2016 Household items 5800 5500 300
11/01/2016 Household items 5300 5000 300
11/01/2016 Household items 3300 3200 100
11/01/2016 Household items 9000 7000 2000
11/01/2016 Household items 6000 5500 500
11/01/2016 Household items 6000 5900 100
11/01/2016 Household items 4900 4400 500
11/01/2016 Household items 7500 7000 500
11/01/2016 Household items 6000 5900 100
11/01/2016 Household items 3700 3500 200
11/01/2016 Household items 8500 7000 1500
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11/01/2016 Household items 6100 6000 100
11/01/2016 Household items 3800 3700 100
11/01/2016 Household items 5000 4900 100
11/01/2016 Household items 6000 5700 300
11/02/2016 Household items 7000 6800 200
11/02/2016 Household items 3400 3300 100
11/02/2016 Household items 3800 3700 100
11/02/2016 Household items 5000 4600 400
11/02/2016 Household items 5900 5600 300
11/02/2016 Household items 4800 4700 100
11/02/2016 Household items 4900 4500 400
11/02/2016 Household items 4900 4400 500
11/02/2016 Household items 5800 5400 400
11/02/2016 Household items 6000 5700 300
11/03/2016 Household items 8468 7380 1088
11/03/2016 Household items 7960 7380 580
11/03/2016 Household items 6020 5380 640
11/03/2016 Household items 4320 4120 200
11/03/2016 Household items 5120 4620 500
11/04/2016 Household items 6160 6020 140
11/04/2016 Household items 3680 3120 560
11/04/2016 Household items 4920 4120 800
11/04/2016 Household items 3540 3120 420
11/05/2016 Household items 11000 8360 2640
11/05/2016 Household items 5240 5100 140
11/05/2016 Household items 8600 7380 1220
11/05/2016 Household items 5480 5120 360
11/05/2016 Household items 6680 6560 120
11/05/2016 Household items 6660 6560 100
11/05/2016 Household items 4840 4680 160
11/05/2016 Household items 4620 4400 220
11/05/2016 Household items 3220 3160 60
11/05/2016 Household items 6620 6560 60
11/05/2016 Household items 5420 5100 320
11/04/2016 Household items 4860 4720 140
11/04/2016 Household items 3780 3280 500
11/04/2016 Household items 9760 9600 160
11/04/2016 Household items 4660 4320 340
11/04/2016 Household items 3680 3120 560
11/04/2016 Household items 8020 6760 1260
11/04/2016 Household items 4960 4540 420
11/04/2016 Household items 3740 3120 620
11/04/2016 Household items 14260 13420 840
11/04/2016 Household items 12340 8660 3680
11/03/2016 Household items 9400 7280 2120
11/03/2016 Household items 4560 4280 280
11/03/2016 Household items 4280 4200 80
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11/03/2016 Household items 4820 4620 200
11/03/2016 Household items 5500 4820 680
11/03/2016 Household items 7440 7280 160
11/03/2016 Household items 3800 3120 680
11/05/2016 Household items 10440 7360 3080
11/05/2016 Household items 5000 4680 320
11/05/2016 Household items 6500 6420 80
11/05/2016 Household items 4260 4200 60
11/05/2016 Household items 5240 5020 220
11/05/2016 Household items 13500 7960 5540
11/05/2016 Household items 4740 4680 60
11/05/2016 Household items 4320 4300 20
11/05/2016 Household items 5260 5020 240
11/05/2016 Household items 5440 5100 340
11/05/2016 Household items 5780 5460 320
11/05/2016 Household items 12000 7900 4100
11/06/2016 Household items 6220 5840 380
11/06/2016 Household items 6100 5660 440
11/06/2016 Household items 3560 3160 400
11/06/2016 Household items 5920 5780 140
11/06/2016 Household items 8160 7020 1140
11/06/2016 Household items 4340 4040 300
11/06/2016 Household items 5040 4920 120
11/06/2016 Household items 13880 13540 340
11/06/2016 Household items 6360 5800 560
11/06/2016 Household items 7860 7000 860
11/06/2016 Household items 6860 6020 840
11/06/2016 Household items 6840 6420 420
11/06/2016 Household items 4000 3700 300
11/06/2016 Household items 5520 5080 440
11/06/2016 Household items 7280 6240 1040
11/06/2016 Household items 4020 3780 240
11/06/2016 Household items 3200 3160 40
11/06/2016 Household items 7980 7020 960
11/06/2016 Household items 3880 3720 160
11/06/2016 Household items 6540 5800 740
11/06/2016 Household items 7220 6240 980
11/07/2016 Household items 4960 4320 640
11/07/2016 Household items 6500 5920 580
11/07/2016 Household items 3200 3000 200
11/07/2016 Household items 3500 3400 100
11/08/2016 Household items 6000 5820 180
11/08/2016 Household items 5520 4740 780
11/08/2016 Household items 4380 3900 480
11/08/2016 Household items 200 160 40
11/08/2016 Household items 15600 10860 4740
11/08/2016 Household items 5840 5680 160
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11/08/2016 Household items 9260 7706 1554
11/08/2016 Household items 6920 6840 80
11/08/2016 Household items 5920 5660 260
11/08/2016 Household items 3360 3300 60
11/08/2016 Household items 6520 6440 80
11/08/2016 Household items 3900 3740 160
11/08/2016 Household items 8540 7720 820
11/08/2016 Household items 4140 3920 220
11/08/2016 Household items 4240 3840 400
11/09/2016 Household items 7640 6900 740
11/09/2016 Household items 5220 4900 320
11/09/2016 Household items 6000 5240 760
11/09/2016 Household items 8000 7460 540
11/09/2016 Household items 5400 4820 580
11/09/2016 Household items 4360 3800 560
11/09/2016 Household items 3760 3420 340
11/09/2016 Household items 8920 7880 1040
11/09/2016 Household items 6920 6620 300
11/07/2016 Household items 7800 5800 2000
11/07/2016 Household items 7600 7000 600
11/07/2016 Household items 3600 3200 400
11/07/2016 Household items 8000 7400 600
11/07/2016 Household items 3500 3300 200
11/07/2016 Household items 4300 4250 50
11/07/2016 Household items 9700 9000 700
11/07/2016 Household items 3660 3560 100
11/07/2016 Household items 4600 4500 100
11/07/2016 Household items 7300 6800 500
11/07/2016 Household items 4200 4000 200
11/07/2016 Household items 5000 4500 500
11/07/2016 Household items 5800 5000 800
11/07/2016 Household items 14000 13660 340
11/07/2016 Household items 5300 5000 300
11/07/2016 Household items 5500 5000 500
11/07/2016 Household items 5500 5000 500
11/07/2016 Household items 5860 5260 600
11/07/2016 Household items 3820 3760 60
11/09/2016 Household items 6060 5240 820
11/09/2016 Household items 3660 3260 400
11/09/2016 Household items 5000 4820 180
11/09/2016 Household items 5280 5240 40
11/09/2016 Household items 3820 3600 220
11/09/2016 Household items 4280 4240 40
11/09/2016 Household items 6520 6040 480
11/09/2016 Household items 5020 4900 120
11/09/2016 Household items 6520 5260 1260
11/09/2016 Household items 5340 4920 420
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11/09/2016 Household items 5880 5080 800
11/09/2016 Household items 3940 3800 140
11/09/2016 Household items 3520 3440 80
11/10/2016 Household items 3760 3440 320
11/10/2016 Household items 4380 4300 80
11/10/2016 Household items 3780 3660 120
11/10/2016 Household items 5080 4960 120
11/10/2016 Household items 3880 3660 220
11/10/2016 Household items 3820 3660 160
11/10/2016 Household items 8020 7720 300
11/10/2016 Household items 5320 4820 500
11/10/2016 Household items 4960 4260 700
11/10/2016 Household items 3320 3140 180
11/10/2016 Household items 5280 4840 440
11/10/2016 Household items 5060 4760 300
11/10/2016 Household items 4900 4880 20
11/10/2016 Household items 4940 4260 680
11/10/2016 Household items 3220 3140 80
11/10/2016 Household items 5560 5500 60
11/10/2016 Household items 4520 4480 40
11/10/2016 Household items 6480 5820 660
11/10/2016 Household items 4620 4220 400
11/12/2016 Household items 5960 5060 900
11/12/2016 Household items 4920 4860 60
11/12/2016 Household items 3200 3140 60
11/12/2016 Household items 5320 5040 280
11/12/2016 Household items 5440 5320 120
11/12/2016 Household items 5640 5460 180
11/12/2016 Household items 6900 6200 700
11/14/2016 Household items 5080 5000 80
11/14/2016 Household items 4700 4200 500
11/14/2016 Household items 18000 14000 4000
11/14/2016 Household items 7000 6800 200
11/14/2016 Household items 5000 4900 100
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11/14/2016 Household items 5800 5500 300
11/14/2016 Household items 5000 4300 700
11/14/2016 Household items 4000 3900 100
11/15/2016 Household items 5100 4400 700
11/15/2016 Household items 4500 4400 100
11/15/2016 Household items 6200 5800 400
11/15/2016 Household items 5500 5000 500
11/16/2016 Household items 4600 4560 40
11/16/2016 Household items 4500 4300 200
11/16/2016 Household items 5300 5000 300
11/16/2016 Household items 3500 3400 100
11/16/2016 Household items 7500 6200 1300
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11/16/2016 Household items 3600 3300 300
11/16/2016 Household items 3700 3400 300
11/16/2016 Household items 5900 5700 200
11/16/2016 Household items 8200 8000 200
11/16/2016 Household items 5000 4500 500
11/16/2016 Household items 4500 4400 100
11/16/2016 Household items 6100 6000 100
11/16/2016 Household items 5600 5500 100
11/16/2016 Household items 3800 3700 100
11/16/2016 Household items 3700 3400 300
11/16/2016 Household items 3840 3700 140
11/16/2016 Household items 5900 5000 900
11/16/2016 Household items 8500 8000 500
11/16/2016 Household items 5000 4600 400
11/16/2016 Household items 6100 6000 100
11/16/2016 Household items 5500 5000 500
11/16/2016 Household items 3800 3700 100
11/17/2016 Household items 12960 12820 140
11/17/2016 Household items 6060 5620 440
11/17/2016 Household items 5960 5720 240
11/17/2016 Household items 6060 5620 440
11/17/2016 Household items 5980 5620 360
11/17/2016 Household items 5020 4440 580
11/17/2016 Household items 3460 3420 40
11/17/2016 Household items 4300 4220 80
11/17/2016 Household items 4280 4220 60
11/17/2016 Household items 4840 4720 120
11/17/2016 Household items 5020 4840 180
11/17/2016 Household items 5920 5620 300
11/17/2016 Household items 4820 4700 120
11/17/2016 Household items 6020 5620 400
11/18/2016 Household items 4300 4100 200
11/18/2016 Household items 5820 5620 200
11/18/2016 Household items 5500 5000 500
11/18/2016 Household items 5900 5600 300
11/18/2016 Household items 4400 4100 300
11/18/2016 Household items 5700 5600 100
11/18/2016 Household items 5650 5350 300
11/18/2016 Household items 3340 3000 340
11/18/2016 Household items 5000 4520 480
11/18/2016 Household items 4700 4000 700
11/18/2016 Household items 5900 5500 400
11/18/2016 Household items 5440 4420 1020
11/18/2016 Household items 11000 10900 100
11/12/2016 Household items 6940 6180 760
11/18/2016 Household items 5900 5800 100
11/18/2016 Household items 4600 4550 50
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11/18/2016 Household items 4700 4500 200
11/18/2016 Household items 8200 8000 200
11/19/2016 Household items 14020 13180 840
11/19/2016 Household items 6100 5640 460
11/19/2016 Household items 4500 4420 80
11/19/2016 Household items 3200 3180 20
11/19/2016 Household items 5240 5160 80
11/19/2016 Household items 6800 6160 640
11/19/2016 Household items 6040 5640 400
11/19/2016 Household items 5320 5100 220
11/19/2016 Household items 5380 5060 320
11/19/2016 Household items 6080 5640 440
11/19/2016 Household items 4820 4640 180
11/19/2016 Household items 4780 4320 460
11/19/2016 Household items 6160 5640 520
11/19/2016 Household items 8540 8460 80
11/19/2016 Household items 8500 8460 40
11/20/2016 Household items 5960 5600 360
11/20/2016 Household items 5820 5600 220
11/20/2016 Household items 6020 5560 460
11/20/2016 Household items 7000 6600 400
11/21/2016 Household items 4800 4600 200
11/21/2016 Household items 5000 4300 700
11/21/2016 Household items 5000 4800 200
11/21/2016 Household items 5000 4900 100
11/21/2016 Household items 4500 4000 500
11/22/2016 Household items 5550 5250 300
11/23/2016 Household items 5000 4500 500
11/23/2016 Household items 5500 5000 500
11/23/2016 Household items 5900 5760 140
11/23/2016 Household items 6040 5560 480
11/23/2016 Household items 5700 5600 100
11/23/2016 Household items 8660 8320 340
11/26/2016 Household items 5740 5520 220
11/26/2016 Household items 5440 5060 380
11/26/2016 Household items 3180 3040 140
11/26/2016 Household items 8440 7360 1080
11/26/2016 Household items 6180 6040 140
11/26/2016 Household items 5980 5560 420
11/26/2016 Household items 5020 4700 320
11/27/2016 Household items 5060 4980 80
11/27/2016 Household items 5320 4940 380
11/27/2016 Household items 8880 8320 560
11/27/2016 Household items 2820 2770 50
11/27/2016 Household items 5280 4920 360
11/27/2016 Household items 8780 8320 460
11/27/2016 Household items 5120 4940 180
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11/28/2016 Household items 5940 5520 420
11/28/2016 Household items 4460 4260 200
11/28/2016 Household items 5120 4900 220
11/28/2016 Household items 6040 5420 620
11/28/2016 Household items 4520 4240 280
11/28/2016 Household items 4080 3860 220
11/28/2016 Household items 8520 8360 160
11/29/2016 Household items 3500 3400 100
11/29/2016 Household items 4500 4400 100
11/29/2016 Household items 5700 5500 200
11/29/2016 Household items 3500 3400 100
11/29/2016 Household items 18000 16000 2000
11/29/2016 Household items 4000 3600 400
11/29/2016 Household items 4500 4300 200
11/29/2016 Household items 5000 4500 500
11/29/2016 Household items 6000 5600 400
11/30/2016 Household items 4500 4200 300
11/30/2016 Household items 4000 3500 500
11/30/2016 Household items 4500 4200 300
11/30/2016 Household items 6000 5900 100
11/30/2016 Household items 4500 4400 100
12/01/2016 Household items 4760 4380 380
12/01/2016 Household items 4280 4160 120
12/01/2016 Household items 5660 5560 100
12/01/2016 Household items 7160 6660 500
12/01/2016 Household items 6060 5900 160
12/01/2016 Household items 4000 3300 700
12/01/2016 Household items 5400 5300 100
12/01/2016 Household items 3900 3400 500
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cost
10,952.10$
3,164.50$
7,659.60$
128.00$
20161208Amended4CityCouncilPacket Page 81 of 161 20161208/jrl
STATE OF GEORGIA )
COUNTY OF CHATHAM )
FIRST AMENDMENT TO AGREEMENT
THIS AMENDMENT dated the ____ day of December, 2016, is in reference to the
agreement for Hurricane Matthew Debris Removal, Collection and Disposal of Tree Stumps on
Public Rights of Way, Improved Public Property and Areas, resulting from Request For Proposal
Number 2016-687 (the “Agreement”), entered into as of the 5th day of December, 2016, by and
between PHILLIPS & JORDAN, INC. (the “Company”), and THE CITY OF TYBEE ISLAND
(the “City”).
The Agreement is amended as follows:
The SPECIAL STIPULATION attached to the Agreement for the Company NOT TO EXCEED
$40,000.00 is hereby changed to NOT TO EXCEED $85,000.00.
Except as set forth in this Amendment, the Agreement is unaffected and shall continue in
full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the Company and the City have caused these presents to be
duly signed, sealed and delivered on the day, month and year first above written.
PHILLIPS & JORDAN, INC. CITY OF TYBEE ISLAND, GEORGIA
By: __________________________________ By: ________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Attest: _______________________________ Attest: ______________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
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APPROVED AS TO FORM:
________________________________________
Edward M. Hughes, City Attorney
20161208Amended4CityCouncilPacket Page 83 of 161 20161208/jrl
STATE OF GEORGIA )
COUNTY OF CHATHAM )
FIRST AMENDMENT TO AGREEMENT
THIS AMENDMENT dated the ____ day of December, 2016, is in reference to the
agreement for Debris Removal Disaster Recovery Services for disposal of disaster debris on
private roads and rights of way, resulting from Request For Proposal Number 2016-688 (the
“Agreement”), entered into as of the 5th day of December, 2016, by and between PHILLIPS &
JORDAN, INC. (the “Company”), and THE CITY OF TYBEE ISLAND (the “City”).
The Agreement is amended as follows:
The SPECIAL STIPULATION attached to the Agreement for the Company NOT TO EXCEED
$80,000.00 is hereby changed to NOT TO EXCEED $180,000.00.
Except as set forth in this Amendment, the Agreement is unaffected and shall continue in
full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the Company and the City have caused these presents to be
duly signed, sealed and delivered on the day, month and year first above written.
PHILLIPS & JORDAN, INC. CITY OF TYBEE ISLAND, GEORGIA
By: __________________________________ By: ________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Attest: _______________________________ Attest: ______________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
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APPROVED AS TO FORM:
________________________________________
Edward M. Hughes, City Attorney
20161208Amended4CityCouncilPacket Page 85 of 161 20161208/jrl
STATE OF GEORGIA )
COUNTY OF CHATHAM )
FIRST AMENDMENT TO AGREEMENT
THIS AMENDMENT dated the ____ day of December, 2016, is in reference to the
agreement for Hurricane Matthew Debris Recovery Services for Debris Collection, Removal and
Disposal of White Goods on Public Rights of Way and Public Areas, resulting from Request For
Proposal Number 2016-689 (the “Agreement”), entered into as of the 5th day of December, 2016,
by and between PHILLIPS & JORDAN, INC. (the “Company”), and THE CITY OF TYBEE
ISLAND (the “City”).
The Agreement is amended as follows:
The SPECIAL STIPULATION attached to the Agreement for the Company NOT TO EXCEED
$10,000.00 is hereby changed to NOT TO EXCEED $120,000.00.
Except as set forth in this Amendment, the Agreement is unaffected and shall continue in
full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the Company and the City have caused these presents to be
duly signed, sealed and delivered on the day, month and year first above written.
PHILLIPS & JORDAN, INC. CITY OF TYBEE ISLAND, GEORGIA
By: __________________________________ By: ________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Attest: _______________________________ Attest: ______________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
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APPROVED AS TO FORM:
________________________________________
Edward M. Hughes, City Attorney
20161208Amended4CityCouncilPacket Page 87 of 161 20161208/jrl
X:\Clients\000572\000001\ORDIN\31-A-2016 - Sec 2-265 - Master
Plan Implementation Committee - 11.11.16.docx
ORDINANCE NO. 2016-31-A
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
SO AS TO REPEAL ORDINANCE 2016-15-A AND TO
ESTABLISH IN ITS STEAD THE MASTER PLAN IMPLEMENTATION COMMITTEE IN LIEU OF THE COMMUNITEE RESOURCES COMMITTEE,
TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia
(“City”), 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 has previously passed an ordinance to add Section 2-265 to
establish a Community Resources Committee; and
WHEREAS, the City desires to abolish the Community Resources Committee, which has
become inactive and dormant and to create a City’s Master Plan Implementation Committee; and
WHEREAS, the City has secured a Carrying Capacity Report that is directly relevant to
future planning for growth and resources; and
WHEREAS, the City desires to establish the Master Plan Implementation Committee and
to codify the same at Section 2-265.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that Section 2-265 shall be deleted with respect to references to the Community
Resources Committee and hereafter such section shall read as hereinafter provided.
20161208Amended4CityCouncilPacket Page 88 of 161 20161208/jrl
SECTION 1
The Code of Ordinances is hereby amended so that Section 2-265 shall be deleted with
respect to references to the Community Resources Committee and hereafter Section 2-265 shall
read as follows:
Section 2-265.
(a) Creation. Pursuant to Section 3.11 of the City Charter there is created a Master
Plan Implementation Committee (hereinafter the “Committee”) established by the Mayor and
Council. The provisions of Section 3.11 of the Charter are incorporated herein.
(b) Purpose. The Committee shall review the Master Plan and Carrying Capacity
Report and monitor progress on their implementation and recommend strategies and priorities for
implementation to the City in reports to the City Council. The Committee shall issue quarterly
reports or such other reports as might be requested by the Mayor and Council concerning
implementation of the Master Plan, the Carrying Capacity Report and improvements therein and
recommendations for the updated Master Plan to occur in five (5) years. Following the
completion of the updated Master Plan, the Committee may be terminated by the Mayor and
Council.
(c) Membership. The Committee shall consist of not less than seven (7) nor more
than fifteen (15) members to be appointed by the Mayor and Council by a majority vote. Such
appointees shall be selected on the basis of their knowledge and interest in creating and
conforming to the Master Plan and familiarity with the Carrying Capacity Report. Members of
the Committee shall serve five (5) year terms unless otherwise directed by the Mayor and
Council.
20161208Amended4CityCouncilPacket Page 89 of 161 20161208/jrl
(d) Functions and Duties. The Committee shall:
(1) Review the current Master Plan of the City, which is a long range plan,
and to report no less than quarterly to the Mayor and Council on the implementation thereof.
(2) Review the Carrying Capacity Report provided to the City and report, no
less than quarterly, on events or changes that have impacted the findings of the Carrying
Capacity Report or which are projected to impact the Carrying Capacity Report and findings
therein.
(3) Recommend strategies and priorities for implementation of the Master
Plan in the Committee reports to the City.
(4) Serve as a consultant body to the City through the Mayor and Council on
such issues as might be requested by the Mayor and Council.
(54) Assist with the preparation of the updated Master Plan at the next required
five (5) year interval.
(65) Perform other duties related to the above functions as may be directed by
the Mayor and Council or the City Manager.
(e) Administration. The Committee shall elect one of its members as chair and
one member as vice chair and may elect as its secretary one of its members.
(f) Rules of Procedure. The Committee may establish such rules, bylaws and/or
regulations not inconsistent with the City Charter, ordinances, or laws as the Committee deems
appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of
such rules, bylaws and/or regulations shall be filed with the Clerk of Council.
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(g) Meetings. Meetings of the Committee shall be scheduled by the chair or the
membership and all meetings shall be conducted in compliance with the Georgia Open Meetings
Act and all records of the Committee shall be subject to the Georgia Open Records Law.
(h) Oath. Each member of this Committee shall take an oath of office before each
term of service as a member. The Mayor is to administer the oath. A written representation of
the oath is to be signed by the appointee and retained by the Clerk of Council as an official City
record. The oath shall be administered as follows:
I do solemnly (swear) (affirm) that I will faithfully perform the duties of a
member of the Master Plan Implementation Committee of the City of Tybee
Island and that I will support and defend the Charter thereof as well as the
Constitution and laws of the State of Georgia and of the United States of America.
SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed and
this is to specifically include the repeal of the ordinance establishing the Community Resources
Committee.
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SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2016.
_____________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
572.1/Ordin/Master Plan Implementation Committee 10.28.16
572.1/Ordin/2016-31 Rev 11.01.16 572.1/Ordin/2016-31-A Rev 11.11.16
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X:\Clients\000572\000001\ORDIN\31-A-2016 - Sec 2-265 - Master
Plan Implementation Committee - 11.11.16.docx
ORDINANCE NO. 2016-31-A
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
SO AS TO REPEAL ORDINANCE 2016-15-A AND TO
ESTABLISH IN ITS STEAD THE MASTER PLAN IMPLEMENTATION COMMITTEE IN LIEU OF THE COMMUNITEE RESOURCES COMMITTEE,
TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia
(“City”), 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 has previously passed an ordinance to add Section 2-265 to
establish a Community Resources Committee; and
WHEREAS, the City desires to abolish the Community Resources Committee, which has
become inactive and dormant and to create a City’s Master Plan Implementation Committee; and
WHEREAS, the City has secured a Carrying Capacity Report that is directly relevant to
future planning for growth and resources; and
WHEREAS, the City desires to establish the Master Plan Implementation Committee and
to codify the same at Section 2-265.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that Section 2-265 shall be deleted with respect to references to the Community
Resources Committee and hereafter such section shall read as hereinafter provided.
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SECTION 1
The Code of Ordinances is hereby amended so that Section 2-265 shall be deleted with
respect to references to the Community Resources Committee and hereafter Section 2-265 shall
read as follows:
Section 2-265.
(a) Creation. Pursuant to Section 3.11 of the City Charter there is created a Master
Plan Implementation Committee (hereinafter the “Committee”) established by the Mayor and
Council. The provisions of Section 3.11 of the Charter are incorporated herein.
(b) Purpose. The Committee shall review the Master Plan and Carrying Capacity
Report and monitor progress on their implementation and recommend strategies and priorities for
implementation to the City in reports to the City Council. The Committee shall issue quarterly
reports or such other reports as might be requested by the Mayor and Council concerning
implementation of the Master Plan, the Carrying Capacity Report and improvements therein and
recommendations for the updated Master Plan to occur in five (5) years. Following the
completion of the updated Master Plan, the Committee may be terminated by the Mayor and
Council.
(c) Membership. The Committee shall consist of not less than seven (7) nor more
than fifteen (15) members to be appointed by the Mayor and Council by a majority vote. Such
appointees shall be selected on the basis of their knowledge and interest in creating and
conforming to the Master Plan and familiarity with the Carrying Capacity Report. Members of
the Committee shall serve five (5) year terms unless otherwise directed by the Mayor and
Council.
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(d) Functions and Duties. The Committee shall:
(1) Review the current Master Plan of the City, which is a long range plan,
and to report no less than quarterly to the Mayor and Council on the implementation thereof.
(2) Review the Carrying Capacity Report provided to the City and report, no
less than quarterly, on events or changes that have impacted the findings of the Carrying
Capacity Report or which are projected to impact the Carrying Capacity Report and findings
therein.
(3) Recommend strategies and priorities for implementation of the Master
Plan in the Committee reports to the City.
(4) Assist with the preparation of the updated Master Plan at the next required
five (5) year interval.
(5) Perform other duties related to the above functions as may be directed by
the Mayor and Council or the City Manager.
(e) Administration. The Committee shall elect one of its members as chair and
one member as vice chair and may elect as its secretary one of its members.
(f) Rules of Procedure. The Committee may establish such rules, bylaws and/or
regulations not inconsistent with the City Charter, ordinances, or laws as the Committee deems
appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of
such rules, bylaws and/or regulations shall be filed with the Clerk of Council.
(g) Meetings. Meetings of the Committee shall be scheduled by the chair or the
membership and all meetings shall be conducted in compliance with the Georgia Open Meetings
Act and all records of the Committee shall be subject to the Georgia Open Records Law.
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(h) Oath. Each member of this Committee shall take an oath of office before each
term of service as a member. The Mayor is to administer the oath. A written representation of
the oath is to be signed by the appointee and retained by the Clerk of Council as an official City
record. The oath shall be administered as follows:
I do solemnly (swear) (affirm) that I will faithfully perform the duties of a
member of the Master Plan Implementation Committee of the City of Tybee
Island and that I will support and defend the Charter thereof as well as the
Constitution and laws of the State of Georgia and of the United States of America.
SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed and
this is to specifically include the repeal of the ordinance establishing the Community Resources
Committee.
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SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2016.
_____________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
572.1/Ordin/Master Plan Implementation Committee 10.28.16
572.1/Ordin/2016-31 Rev 11.01.16 572.1/Ordin/2016-31-A Rev 11.11.16
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ORDINANCE NO. 2016-___-A
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
REGARDING THE PUBLIC CONSUMPTION OF ALCOHOL
FROM OPEN CONTAINERS, TO ESTABLISH RESTRICTIONS
THEREON IN REFERENCE TO LOCATIONS AND TIMES
WHEN PERMISSIBLE AND WHEN NOT PERMISSIBLE
AND TO ESTABLISH PROCEDURES FOR THE RESTRICTION
OF THE CONSUMPTION OF ALCOHOL OUTDOORS DURING
CERTAIN TIMES OF THE YEAR AND/OR DURING EVENTS
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety and welfare of the
citizens of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police, zoning
and home rule powers; and
WHEREAS, the public welfare and safety of the citizens of Tybee Island requires that
action be taken so as to permit the restriction on the outdoor consumption of alcohol, particularly
in the case of unpermitted special events in the interest of public safety.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that The Code of the City of Tybee Island, Georgia,
Section 1. Except as specifically permitted in connection with special events approved
by the Mayor and Council, consumption of alcohol in public and on the beaches, parking lots,
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strands, sidewalks and streets of the City of Tybee Island is prohibited during the months of
March, April and May.
Section 2. Notwithstanding the provisions hereof, consumption of alcohol shall be
permissible during such times described in Section 1 at permitted sidewalk cafes and within the
confines of a permitted sidewalk café or patio located within an overlay zone.
Section 3. Notwithstanding the provisions of Section 1, the restrictions established
therein shall not be applicable to the following sections of the beach and/or the City during such
months:
(a) The prohibition described in Section I shall not be applicable within the
area of an established festival zone during the times designated by the Mayor and Council set in
connection with a special event or festival approved by the Mayor and Council.
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ORDINANCE NO. 2016-___-B
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
REGARDING THE PUBLIC CONSUMPTION OF ALCOHOL
FROM OPEN CONTAINERS, TO ESTABLISH RESTRICTIONS
THEREON IN REFERENCE TO LOCATIONS AND TIMES
WHEN PERMISSIBLE AND WHEN NOT PERMISSIBLE
AND TO ESTABLISH PROCEDURES FOR THE RESTRICTION
OF THE CONSUMPTION OF ALCOHOL OUTDOORS DURING
CERTAIN TIMES OF THE YEAR AND/OR DURING EVENTS
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety and welfare of the
citizens of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police, zoning
and home rule powers; and
WHEREAS, the public welfare and safety of the citizens of Tybee Island requires that
action be taken so as to permit the restriction on the outdoor consumption of alcohol, particularly
in the case of unpermitted special events in the interest of public safety.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that The Code of the City of Tybee Island, Georgia,
1. The outdoor consumption of alcoholic beverages on the beaches, in the parking
lots, in the streets and on the sidewalks of the City and the public areas thereof shall not be
permitted following a determination by the City Council that an unpermitted event is being
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planned and advertised via social and other media or by any other form of communication to
occur on the island when the activities advertised are planned as described in the promotion of
such event would require a special event permit. The Mayor and Council are authorized to pass
a resolution prohibiting the consumption of alcohol in the areas described herein at any meeting
of the Mayor and Council, regular or special, and such resolution shall be an agenda item on the
agenda for such meeting.
2. Upon the passage of any such resolution pursuant to this ordinance, the resolution
shall be posted on the City’s website and publication thereof shall be encouraged and notice
thereof shall be disseminated to the fullest extent possible so as to alert the public, event
promoters and all persons whatsoever of the absence of permission for the outdoor and/or public
consumption of alcoholic beverages during such dates and times as set forth in the resolution.
3. Such resolution shall only be passed when, as determined by the Mayor and
Council, there is a threat to the public safety and well-being of the City of Tybee Island and in
order to promote the well-being of the residents and visitors of the City and, further, to protect
the property of residents, owners and the public.
4. Notwithstanding the provisions hereof, consumption of alcohol shall be
permissible during such times described in Section 1 at permitted sidewalk cafes and within the
confines of a permitted sidewalk café or patio located within an overlay zone.
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ORDINANCE NO. 2016-32
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND ARTICLE III, SPECIAL EVENTS, TO REPEAL CONFLICTING ORDINANCES,
TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt
reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of
Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the
Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and
home rule powers, and
WHEREAS, all special events share one element in common: an assembly of people; and
WHEREAS, the City is an extremely active tourist destination which attracts large
numbers of visitors who reside elsewhere and quite naturally and frequently are less inhibited in
their conduct than they are at home; and
WHEREAS, the Mayor and Council find, and common sense dictates, that tourists often
have no obligatory plans and, in fact, are looking for something fun to do; and
WHEREAS, the presence of large numbers of relatively uninhibited people looking for
something fun to do is fertile ground for an assembly of people relatively unrestrained by the
conventions they would feel at home; and
WHEREAS, any assembly of a large number of people, especially uninhibited people
looking for something to do without any immediate obligations, will create circumstances
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contrary to the health, safety and welfare of the persons assembled and the community as a
whole if adequate preparation for the event is not made and executed; and
WHEREAS, adequate preparation requires notice and an opportunity to organize
resources, and for large events, the contribution of additional resources; and
WHEREAS, special events and tourism is critical to the local economy and, for many
years, the City has investigated, and managed special events; and
WHEREAS, the City has previously adopted an ordinance regulating the conduct of
special events through a permitting process requiring the producer of the event to demonstrate
credible plans to provide event security, municipal type services and event traffic control and to
faithfully execute those plans upon penalty of the city closing the event (the "Article III -
Special Event Ordinance"); and
WHEREAS, the Special Event Ordinance in essence required the event producer to think
through the needs and effects of the event assembly and give the city the information and time
required to coordinate its public safety efforts to accommodate the event and, with adjustments
for lessons learned along the way, the Special Event Ordinance has met those purposes; and
WHEREAS, the Mayor and Council find that the requirements of the Special Event
Ordinance did not diminish the production of events but, in fact, improved them and assisted
novice event producers; and
WHEREAS, in 2015 and before, due to changes in social media and the conduct of large
crowds, the City began to study the need to further regulate special events held within the city
by commercial promoters attracting crowds of people which, on the one hand, is good for the
tourism economy of the City and Chatham County, especially when overnight guests attend, but
on the other hand places a strain on the limited resources of the City to protect persons and
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property by policing the event, policing the off-site activities of the local and visiting attendees
which inevitably accompany such events, and to control event related traffic, sometimes away
from the site; and
WHEREAS, the Mayor and Council find that the predominate business and commerce of
the City, and the basis of its revenue is tourism and that special events are a critical and positive
component of that tourism, and the Mayor and Council declare their intent to continue to
support and encourage special events of all types but determines that additional rules are
necessary to curb the adverse, secondary effects of events which mushroom beyond the capacity
of their venue and logistical support; and
WHEREAS, the City acknowledges that the permit requirements of the Special Event
Ordinance, as amended here, can be easily argued to affect lawful assemblies and speech and
therefor the city has established reasonable time frames adjusted for the size and complexity of
the assembly, to consider and respond to the request for a permit and prompt notice and appeal
rights in the event an application is denied; and
WHEREAS, the Mayor and Council acknowledge that the ways in which the Special
Event Ordinance has been and will be applied are the best evidence of the City's commitment to
special events and to the rights of the event organizers and event participants to assemble, and
finds that, to date, there have been no complaints that staff has applied the existing ordinance
unfairly; and
WHEREAS, to date the Special Event Ordinance has primarily focused upon planned
events; and
WHEREAS, the Mayor and Council find and determine that the advent and virtually
universal spread of social media through the demographic of visitors to the City of Tybee Island
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has, with greater frequency, caused special event type entertainment assemblies to be
commercially produced and promoted very quickly and in hastily created or converted venues
with little or no notice or adequate private or public planning and provision for security, crowd
control, traffic control and parking, and safety, and in some cases these events have
spontaneously occurred with no accountable producer or any planning or preparation (Pop-Up
Events); and
WHEREAS, the Mayor and Council find and determine that both commercial Pop-Up
Events (with an identifiable producer) and spontaneous Pop-Up Events are contrary to the
health, safety and welfare of the community due to the lack of internal planning and control, and
notice to the City to permit external planning and protection; and
WHEREAS, the Mayor and Council also find and determine that the lack of internal and
external planning and control of Pop-Up Events creates secondary effects that frequently
become a public and private nuisance, including by way of example and not limitation, traffic
congestion, pedestrian trespass, vehicular trespass, illegal parking, illegal drug and alcohol use,
violence and other breaches of the peace, especially where a large crowd of pedestrians and
even vehicles are held waiting outside a venue that is at capacity or attempt to access a venue
that has essentially unlimited access; and
WHEREAS, the Mayor and Council also find and determine that commercial Pop-Up
Events will continue and, in fact, increase and that the producers of these events should be
required to think through the needs and effects of the event assembly and give the city the
information and time required to coordinate its public safety efforts to accommodate the
attendees, just as traditional special events which in the past were publicized and promoted
through slower and more predictable media; and
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WHEREAS, the Mayor and Council recognize that spontaneous Pop-Up Events in a non-
commercial venue present a more difficult issue in a free society because they are, in fact, a
spontaneous assembly which is the right of a free people, but the Mayor and Council also find
and determine that when such an assembly begins to create the same adverse effects which are
attendant to an unregulated traditional special event, that is such things as neighborhood trespass
of persons or vehicles, illegal parking, traffic congestion, frequent or repeated violations of the
law facilitated by the anonymity of the crowd, a need for sanitation facilities, etc., then it is
reasonable and lawful to place upon the owner or person in control of the venue, after notice, the
duty under penalty of law to do all that he or she can reasonably do to bring the event under or
within the threshold limits of the criteria which caused the assembly to become problematic; and
WHEREAS, the Mayor and Council find and determine that the placing upon the owner
or person in control of a non-commercial venue where a spontaneous special event occurs the
duty to do all they reasonably can to bring the assembly under control will create a needed
incentive for owners to pay attention to their property and be alert to not allowing assemblies
upon their property to get out of control in the first place; and
WHEREAS, the Mayor and Council also find and determine that the City and other cities
have experienced an entirely new Pop-Up Event phenomenon, that is, a spontaneous special
event "organized" through social media with no accountable producer or promoter, but still
generating the same types of needs and effects as a traditional special event, albeit so far on a
smaller scale; these Pop-Up Events include by way of example and not limitation, "open" house
parties (no invitation required); "pay-party" house parties (no invitation required, leave money
at the door) and large beach assemblies with amplified music; and
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WHEREAS, the Mayor and Council also find and determine that the variety, uniqueness,
innovation and timing of modern special event assemblies, some commercially promoted and
others spontaneously occurring and all frequently publicized and promoted through
instantaneous social media as well as traditional media, require the City to adopt a more flexible
and commonsense approach to defining and determining what is a special event; and
WHEREAS, the Mayor and Council have received and considered extensive testimony
from the public, from promoters and producers of special events and from staff, including the
Fire Chief, the Chief of Police and the City Manager, regarding what should be considered a
special event and the issues and opportunities for mischief accompanying them and, moreover,
the Council members have personally witnessed virtually all of these issues from time to time
and find that the testimony presented in support of this ordinance is consistent with their own,
first-hand experience; and
WHEREAS, by this ordinance, based upon that testimony and experience, the Mayor and
Council intend to establish specific criteria defining and determining what should be considered
a special event under the totality of the circumstances at hand and to authorize staff to apply that
criteria in each specific case; and
WHEREAS, the City has attempted in the past to define special events based primarily
upon anticipated attendance and found that method to be unreliable sometimes in the age of
social media; and
WHEREAS, the Mayor and Council are aware of the inalienable right of citizens in a free
state to assemble peacefully and without creating a public nuisance, and to speak and entertain
freely, but expressly find that the type of assemblies that will trigger the application of this
ordinance create a real and imminent threat to the health, safety and welfare of the event patrons
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as well as the community if the notice, planning, preparation, services and control required by this
ordinance is not provided, and based upon years of experience the City finds that there is no less
intrusive way of handling the situation in the extremely active tourist environment of the City, so
to borrow from Mr. Justice Holmes, "Upon this point a page of history is worth a volume of
logic." N.Y. Trust Co. v. Eisner, 256 U.S. 345, 349 (1941) and the City has been working with
special events for several decades, regulating them for the last; and
WHEREAS, the Mayor and Council are aware that the authority given staff to interpret
and apply the specific criteria established in this ordinance in order that the City may timely
consider the totality of the circumstances in each unique case, may be argued to invite arbitrary
or capricious chilling of the rights of free speech or assembly but, Justice Holmes again, “Great
constitutional provisions must be administered with caution. Some play must be allowed in the
joints of the [government] machine.” Missouri, K&T. Ry. Co. of Texas v. May, 24 S. Ct. 638
(1904); and
WHEREAS, the City finds and determines it necessary to update and amend the Special
Events Ordinance to better regulate traditionally produced and marketed special events and to
add Pop-Up Events because, without these amendments, events will overrun the current law;
and
WHEREAS, the Mayor and Council find and determine that this ordinance will promote
the public good by establishing necessary standards to define special events in the digital age, to
create incentives and mechanisms to promote the public welfare by fostering preparation for,
and curbing the excesses of, assemblies which by these same standards become events needing
some level of support and control to protect persons and property, and therefore that, although
this ordinance contains penalties, it is adopted for a remedial purpose and if challenged should
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nonetheless be given an equitable construction in order to achieve the clear remedial purposes
determined by the legislative Council. N. Securities Co. v. US, 24 S. Ct. 436 (1904); and
WHEREAS, the Mayor and Council recognize the power and discretion that is being
granted to city staff, including the City Manager and Police Chief, and that the City seeks to
provide certain objective standards for the City Manager and Police Chief to use in enforcing
this ordinance, so that the ordinance is narrowly drawn, reasonable, has definite standards
guiding the hands of the city staff; and
WHEREAS, the Mayor and Council recognize that the provisions of this ordinance are
somewhat complex and interrelated by the definitions employed and the form by which the
ordinance is structured, but also find that the events and assemblies upon which the substance of
this ordinance applies are quite varied and must be considered several and not interdependent,
so that if this ordinance is found to be unenforceable, in whole or in part, against one or more
classes of events or assemblies, the remainder may easily be left in force, and should be left in
force for the public good; and
WHEREAS, the governing authority desires to amend Section 54-70 et. seq so as to
clarify same, to repeal all conflicting ordinances, to provide for an effective date and for other
purposes.
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that
Article III, Special Events, of the Code be amended and shall read as follows:
SECTION 1
The Code of Ordinances is hereby amended so as to revise Article III, Special Events, so
that it shall hereafter read as follows:
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ARTICLE III. - SPECIAL EVENTS
Sec. 54-70. Definitions
For the purposes of this Article, Special Event shall mean any assembly of persons upon the
public beaches, public streets or rights of way, or within the City parks or parking lots, where it is either
reasonably anticipated that municipal services will be required, or where additional municipal services are
actually required. There are two general types of special events that require a permit under this Article,
those that are planned and permitted and unplanned/pop up special events.
(a) MUNICIPAL RESOURCES ANTICIPATED TO BE REQUIRED (Planned event). The
gathering is reasonably anticipated to require for its safe and successful execution the provision or
coordination of municipal services by the City or by the event producer to a material degree above that
which the City routinely provides under ordinary, everyday circumstances. Municipal services include,
but are not limited to fire and police protection, crowd control, traffic control, parking control, street
closure, emergency medical services, garbage or trash facilities or clean-up and sanitation facilities
(herein "municipal services:).
(b) MUNICIPAL RESOURCES ACTUALLY REQUIRED (Pop-up Event). The municipal
services required for an unpermitted assembly exceed at any point in time the level of municipal services
typically available from the City for that time and season after taking into consideration the similar,
municipal-type services provided by the person or persons, if any, encouraging the assembly.
Notwithstanding the foregoing, any planned special event to be held in any part of the
beach is presumed to be a special event, except for specifically enumerated exceptions that are a part of
this ordinance. This presumption can be rebutted only by the event producer providing clear and
convincing evidence that, based upon the nature, location, time and season of the event there is a high
degree of probability that the event will not draw a crowd in excess of one person for every seven (7)
square feet of beach controlled by the producer, or where people are gathered for purposes of the event.
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(c) PRODUCER. As used herein, the term “Producer” means an individual, individuals or
any entity that attempts to promote or does promote an event or gathering of people by way of
advertising, social media, directly or indirectly, the event or gathering and promotes the attendance at an
event or gathering and who supervises or finances an event. Such term shall be synonomos with
“promoter” and includes a person or entity who directly or indirectly encourages, persuades, or advertises,
or uses publicity to encourage or persuade attendance at an event or gathering.
Sec. 54-71. Permits.
(a) In the interests of the public's convenience and safety and availability of city services, persons
or organizations wishing to host a special event must first obtain a permit from the city manager or his
designee. The permit application shall include, but not necessarily be limited to, the following information:
(1) Description of event including the location, date/time, activities, entertainers,
estimated number of participants.
(2) Name, address and telephone number of sponsoring organization and its responsible
representative. This includes the name and address of all natural persons or organizations controlling at least a
five percent stake in the event.
(3) Method of notification of participants.
(4) Publicity plan, if open to the general public.
(5) Parking/traffic control requests and concerns.
(6) Public safety requests and concerns, if any.
(7) Impacts on other city services, if any.
(8) Whether alcoholic beverages will be permitted in the event.
(9) Whether there is a request for the City to activate the Festival Zone.
(b) Each application for a special event permit required by this Article shall contain the
information described in Sec. 54-71(a) and must be filed, and the permit fee paid, no less than sixty (60)
days before the opening of the event to the public. Notwithstanding the forgoing, the City Manager
shall accept a tardy application if (i) City staff has the capacity to conduct an ordinary review of the
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application without causing material neglect of other staff duties or, (ii) the event promoter stands willing
and able to pay and deposits a sum of money to cover any overtime for City staff to conduct an ordinary
review of the application, and staff volunteers such overtime, then the City will use reasonable efforts to
process a tardy application in time to allow the event to be held. Applications shall be reviewed in the
order received and priority shall be given to timely filed applications.
(c) All applications shall contain language indemnifying and holding harmless the City, its
elected officials, officers, agents, and employees, in language approved by the City Attorney.
(d) It shall be unlawful to engage, conduct, promote, or provide entertainment to any special
event without first receiving a permit from the City pursuant to this Article.
(e) Exceptions.
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction and supervision of the proper
school authorities; and
(3) Training exercises conducted by federal, state or local officials, so long as the
training exercise has been approved by the City Manager.
Sec. 54-72. Application and Plan.
(a) Each plan included in the special event application, and any conditions imposed by the
City Manager pursuant to Sec. 54-75(e), shall be continuously implemented during the special event, and
any failure to do so shall result in the automatic suspension of the permit and suspension of the event
until full implementation is made.
(1) Should the actual attendance at any special event, including persons attempting to
enter the event, or the municipal services actually required at a permitted event exceed for a period of one
(1) hour the number or level anticipated by the application and permit, it shall become the duty of all
persons owning or able to control the event or the event venue to take reasonable, diligent, and constant
measures to reduce the excess until the planned number or level is reasonably achieved. The failure of any
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such person to immediately, after notice from the City, make a reasonable, diligent and constant effort to
reduce the excess shall be a violation of this law punishable by civil penalties specified in this Article.
The Chief of Police or his designee is authorized to approve actions to partially or slowly reduce the
excess as compliance if he or she finds (i) that such person is acting in good faith after notice of the
excess, (ii) that full and immediate elimination of the excess will not be feasible and (iii) that it would be
safer to taper down the event rather than to abruptly close the venue or stop the event.
(2) Conversely, should actual attendance fall below the permit estimates for a
sustained period and appear likely to continue at reduced levels, the City Manager or his designee shall
be authorized, but not required, to allow the applicant to reduce staffing to the minimums reasonably
required.
Sec. 54-73. Unpermitted Assembly (Pop-up events).
The City has found and determined that some special events occur without a permit, especially if
attendance is promoted through instantaneous, social media.
(1) If an assembly develops into a special event (without a permit) it shall become the duty of
all persons or entities owning or able to control the special event or who is providing entertainment
encouraging the assembly, to take reasonable, diligent and constant measures to reduce the activity or
circumstances which caused the assembly to become a special event - that is for example but not limited
to, reducing the number of attendees, or to provide the additional municipal type services needed to
regulate event traffic, maintain the peace and protect the public health and safety. The failure of any
such person or entity to immediately after notice from the city make a reasonable, diligent and constant
effort to reduce the event attendance or otherwise provide adequate services, to the satisfaction of the
Chief of Police or his/her designee shall be a violation of this law punishable by civil penalties specified
in this Article. The Chief of Police or his designee is authorized to approve actions to partially or slowly
reduce the event attendance to a point where it is not considered a special event if he or she finds (i) that
such person is acting expeditiously and reasonably to employ feasibly available resources to address the
issues after notice that the assembly has become a special event, (ii) that full reduction to the criteria
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threshold will not be feasible and (iii) that it would be safer to taper down the event rather than to
abruptly close the venue or stop the event.
(2) Whether a spontaneous assembly has developed into a special event based upon
attendance or a need for municipal services (as those services are defined in this Article), shall be
determined by an objective and reasonable examination of the totality of the circumstances at hand,
including but not limited to the following factors:
(a) With respect to attendance and attempted attendance:
(i) Whether the attendance is ticketed.
(ii) Actual attendance at prior, similar events.
(iii) The extent of commercial promotion and advertisement of the event,
especially promotion outside of the City of Tybee, by traditional or digital means, but excluding
spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or
any person acting on behalf of the event producer or any person with a financial or other personal interest
in the event ("spontaneous social media").
(iv) The extent of spontaneous social media encouraging attendance at the
assembly.
(v) Whether the location and configuration the assembly, and the nature and
presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at
large.
(vi) The number in attendance and attempting to attend shall be determined
by the Chief of Police or his designee using recognized or previously established law enforcement
estimating techniques.
(b) With respect to municipal services actually required:
(i) Repeated pedestrian trespass.
(ii) Repeated vehicular trespass.
(iii) Illegal parking.
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(iv) Traffic congestion.
(v) Apparent need for sanitation facilities as evidenced by public urination
or other bodily functions.
(vi) Repeated and flagrant instances of illegal activity.
(vi) Repeated noise ordinance violations after notice, including differing
offenders.
(vii) Unusual amount of trash being abandoned with no apparent resources
available to clean up after event.
(viii) Unusual or repeated need for medical assistance.
(3) When the City is aware of the planning of an assembly in which the Chief of Police
determines is more likely than not to become a special event, as defined by this ordinance, then the City
Manager may notify anyone promoting, organizing, or otherwise planning to attend that they may be
subject to this ordinance and all resulting criminal and civil penalties. Said communication shall also
include a copy of a special event application and a copy of this ordinance.
(4) In addition to the procedures described above, the Mayor and Council of the City may by
resolution impose restrictions on activities including, but not limited to, the public consumption of
alcoholic beverages in areas designated in such resolution upon a report to the Mayor and Council that an
unpermitted event is being promoted and advertised, published on social media, or by leaflets or by other
means where such promotion reasonably indicates to the Mayor and Council that there is an immediate
risk to the public safety, welfare, citizens and property of those participating in the event and residents of
the City. Upon the passage of any such resolution pursuant to the provisions of this subsection, the
resolution shall be posted on the City’s website and publication and dissemination thereof shall be
encouraged and notice thereof shall be disseminated to the fullest extent possible so as to alert the public,
the event producers or promoters and all persons whatsoever of the lack of permission for the event
and/or a prohibition on the public consumption of alcoholic beverages during such dates, times and
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locations as set forth in the resolution.
Sec. 54-74. Fees.
(a) As part of the application review process, together with the services requested by the
applicant, the city manager shall set fees to defray the costs of city services for special events to be determined
on the basis of actual expected costs. The costs shall be the marginal costs directly associated with the special
event above what the general public would generally require. Such fees may be adjusted to the extent that the
city co-sponsors a special event, as determined by the city manager. In the instance of a spontaneous
unpermitted special event, where the City incurs marginal costs directly associated with the unpermitted
special event, the fee shall still be calculated and applicable as further provided herein.
(b) The level of municipal services required shall be determined by an objective, reasonable
examination of the totality of the circumstances, including but not limited to the following factors:
(1) The size of the assembly and the anticipated attendance.
(2) The location of the event to determine the potential for pedestrian and vehicular
congestion.
(3) The nature of the event, the activities planned during it and the weather
conditions of the season to evaluate the danger of harm to persons and property such as a fireworks
explosion, a collision of participants or spectators, spectator or participant heatstroke, drowning, and the
like.
(4) The historical density of visitors to the City during the annual season of the
event and the type of activities, safe and unsafe, in which those visitors have historically engaged.
(5) Whether the assembly is specifically designed and staffed to handle the
anticipated needs and effects of the anticipated number of attendees.
(c) The City shall notify the applicant of the municipal services fee, and if requested grant a
meeting with the City Manager to confer with the applicant about the fee. If the applicant does not accept
the type and extent of municipal services listed and the amount of the municipal services fee, the City
shall nonetheless proceed in ordinary course to complete the application process and either deny the
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permit through the process contained in this Article without consideration of the applicant's objection to
the fee, or if the applicant is entitled to the permit then grant the permit upon the condition that the
municipal services fee be paid before the permit becomes valid or effective. The applicant shall have the
right to appeal to the Mayor and Council the type and extent of services required and the amount of the
fee by letter filed with the City Clerk within three (3) business days after the City shall provide the
applicant the itemization and amount of the fee which notice shall state that the applicant may appeal
within three business days. The Mayor and Council shall uphold or lessen the fee based upon information
about the extent of services to be rendered by the City directly related to the event and the cost of those
services as presented by City Manager or his/her designee and the applicant in a de novo, quasi-judicial
hearing held as soon as may be practicable. The Mayor and Council's decision, including its reasons
therefore, shall be announced at the conclusion of the hearing and entered onto the record thereof which
shall constitute the Council's final order in any subsequent proceedings. The hearing may be continued
from time to time in the sole discretion of the Mayor and Council. If the Mayor and Council is unable to
timely conduct or conclude the hearing in time for the event to be held pursuant to an otherwise valid
permit, the applicant may pay to the City the disputed fee under protest, and the permit shall become
effective so that the event may be held, in which case the hearing shall be held and concluded after the
event at a mutually convenient time. If the fee is upheld, it shall be accepted by the City; if it is reduced
the reduction shall be refunded to the applicant.
(d) In the event of an unplanned and unpermitted special event, anyone who promoted, planned,
executed, provided entertainment, or attended shall be responsible for the applicable municipal services fee.
This includes anyone that promotes through social media. The City Manager is authorized to direct the City
Attorney to pursue all legal remedies necessary to collect any fees that are authorized pursuant to ordinance.
(Code 1983, § 7-1-2)
Sec. 54-75. Action on the Application and Appeal.
(a) The City Manager must decide to grant or deny an application at the earliest possible
time after receipt.
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(b) The City Manager may deny a permit only on one or more of the following grounds:
(1) The permit application is incomplete; a complete application is one that provides
all the information or items required by this Article regardless of the sufficiency of the information or
item.
(2) The application fee has not been paid;
(3) The proposed event is unlawful;
(4) The application contains a material falsehood or misrepresentation;
(5) It reasonably appears that the proposed event will present a clear and present
danger to the public safety or health;
(6) The proposed event is of such a nature or duration that it cannot be reasonably
accommodated in the particular location; or
(7) The applicant has refused to attend or participate in good faith in a pre-permit
meeting requested by the City Manager following reasonable notice and scheduling attempts by the
City Manager and failed to propose reasonable alternatives.
(c) The City Manager is expressly prohibited from denying any permit based upon the
identity of any speaker or entertainer or the viewpoint, content, or type of speech or expression to be
displayed so long as such speech or expression is lawful.
(d) Every denial of a permit shall be in writing and shall clearly explain the reason(s) for
denial. A denial of a permit application as "incomplete" must identify the specific information required
by this Article which was not provided. A denial based upon the unlawfulness of an event must identify
the law or regulation prohibiting such conduct. A denial based upon a clear and present danger to the
public safety or health must identify the specific conditions which reasonably give rise to the danger. A
denial based upon the fact that the proposed event cannot be reasonably accommodated in the particular
location applied for must state specific reasons why the area is unsuitable for the event. A denial based
upon an applicant's refusal to attend or participate in good faith in a pre-permit meeting, or suggest an
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alternative, shall identify the steps taken to provide reasonable notice and scheduling of such meeting
and, if applicable, any conduct at the meeting demonstrating bad faith participation by the applicant. The
purpose of the requirement is to allow the applicant to know the grounds upon which the permit was
denied and to permit Mayor and Council the opportunity to verify and confirm the objective validity of
any denial and to ensure that any limited discretion given to the City Manager under this Ordinance is
not abused so as to disfavor protected speech or expression.
(e) The City Manager may condition any permit with reasonable requirements concerning
the time, place or manner of holding a special event as is necessary to coordinate municipal services,
multiple uses of public property, assure preservation of public property and public places, prevent
dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control
vehicular and pedestrian traffic in and around the venue, provided that such requirements are narrowly
tailored to address these concerns and are not implemented for the purpose of regulating or restricting
protected speech or expressive conduct.
All permit applications shall be deemed granted as applied for if the City Manager does
not grant, grant with conditions, or deny the permit in writing within thirty (30) calendar days of receiving
an application. A permit which is granted automatically under this section is conditioned upon any
required city services fee being paid before the permit becomes valid or effective. If an applicant
disagrees with the fee required, the provisions of Sec. 54-71(c) shall control. The automatic granting of
permits provided in this section shall not apply if:
(1) The permit application fee has not been paid;
(2) The City Manager has indicated his intent to deny a permit and the applicant has
agreed, in writing, to supply the City Manager with additional information which may allow the permit to
be granted. In this case, the permit application will be deemed granted if the City Manager does not grant,
grant with conditions, or deny the permit in writing within ten calendar days of receipt of the additional
information, unless the applicant agrees in writing to provide further additional information, which shall
renew the terms and time-frames of this paragraph; or
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(3) The City Manager requests additional time to review the application and the
request is agreed to in writing by the applicant. In this case, the permit application will be deemed granted
if the City Manager does not grant, grant with conditions, or deny the permit in writing by the expiration
of the agreed date.
(f) Every denial of a permit and every conditional grant of a permit challenged by an
applicant is appealable to the Mayor and Council by letter filed with the City Clerk within three (3) business
days after receipt of the denial or proposed conditional grant. The Mayor and Council shall grant or deny the
permit, or uphold or rescind the conditions, based upon information presented by the applicant and the City
Manager or his designee in a de novo, quasi-judicial hearing held as soon as practicable. The Mayor and
Council's decision, including its reasons therefor, shall be announced at the conclusion of the hearing and
entered onto the record thereof which shall constitute the Mayor and Council's final order in any subsequent
proceedings and which may, but shall not be required to, express findings of fact and conclusions of law.
The hearing may be continued from time to time in the sole discretion of the Mayor and Council, provided
that if the Mayor and Council does not render a final order within fifteen (15) days after filing of the letter of
appeal the permit shall be deemed granted.
Sec. 54-76. Penalty for violation.
In addition to any civil penalties that the City may pursue, any person convicted of violating any of the
provisions of this article shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not
exceeding 60 days or by both such fine and imprisonment.
(Code 1983, § 7-1-4)
Sec. 54-77. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor may be sold or otherwise distributed at any
special event conducted under the provisions of this article except for special events conducted on private
property and approved by the mayor and council.
(Ord. of 4-10-2008(4); Ord. of 9-25-2008(2))
Sec. 54-78. Weather and other changes.
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Once a special event has been permitted, location and date changes necessitated by weather events or
other calamity shall not require further permitting, and all authorizations and licenses or permissions applicable
to the original permit shall continue to the extent applicable. Notwithstanding the foregoing, the permit holder
must cooperatively work with staff on different dates, locations and times.
The City Manager shall have the authority to revoke a permit in the event that weather or other environmental
conditions presents a substantial likelihood of danger to the public, and event organizers and attendees.
(Ord. of 9-25-2008(2))
Secs. 54-79. Severability.
Should any section, provision, or clause of any part of this ordinance be declared invalid
or unconstitutional, or if the provisions of any part of this ordinance as applied to any particular
situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not
be construed to affect portions of this ordinance not so held to be invalid, or the application of
this ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent
of the City that this ordinance would have been adopted had any such invalid portion not been
included herein.
Secs. 54-80 - 54-109. - Reserved.
SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
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SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2016.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances/2016/2016-32 Amend Art III Special Events 11.21.16
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ORDINANCE NO. 2016-32
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA,
TO AMEND ARTICLE III, SPECIAL EVENTS,
TO REPEAL CONFLICTING ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt
reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of
Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the
Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and
home rule powers, and
WHEREAS, all special events share one element in common: an assembly of people; and
WHEREAS, the City is an extremely active tourist destination which attracts large
numbers of visitors who reside elsewhere and quite naturally and frequently are less inhibited in
their conduct than they are at home; and
WHEREAS, the Mayor and Council find, and common sense dictates, that tourists often
have no obligatory plans and, in fact, are looking for something fun to do; and
WHEREAS, the presence of large numbers of relatively uninhibited people looking for
something fun to do is fertile ground for an assembly of people relatively unrestrained by the
conventions they would feel at home; and
WHEREAS, any assembly of a large number of people, especially uninhibited people
looking for something to do without any immediate obligations, will create circumstances
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contrary to the health, safety and welfare of the persons assembled and the community as a
whole if adequate preparation for the event is not made and executed; and
WHEREAS, adequate preparation requires notice and an opportunity to organize
resources, and for large events, the contribution of additional resources; and
WHEREAS, special events and tourism is critical to the local economy and, for many
years, the City has investigated, and managed special events; and
WHEREAS, the City has previously adopted an ordinance regulating the conduct of
special events through a permitting process requiring the producer of the event to demonstrate
credible plans to provide event security, municipal type services and event traffic control and to
faithfully execute those plans upon penalty of the city closing the event (the "Article III -
Special Event Ordinance"); and
WHEREAS, the Special Event Ordinance in essence required the event producer to think
through the needs and effects of the event assembly and give the city the information and time
required to coordinate its public safety efforts to accommodate the event and, with adjustments
for lessons learned along the way, the Special Event Ordinance has met those purposes; and
WHEREAS, the Mayor and Council find that the requirements of the Special Event
Ordinance did not diminish the production of events but, in fact, improved them and assisted
novice event producers; and
WHEREAS, in 2015 and before, due to changes in social media and the conduct of large
crowds, the City began to study the need to further regulate special events held within the city
by commercial promoters attracting crowds of people which, on the one hand, is good for the
tourism economy of the City and Chatham County, especially when overnight guests attend, but
on the other hand places a strain on the limited resources of the City to protect persons and
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property by policing the event, policing the off-site activities of the local and visiting attendees
which inevitably accompany such events, and to control event related traffic, sometimes away
from the site; and
WHEREAS, the Mayor and Council find that the predominate business and commerce of
the City, and the basis of its revenue is tourism and that special events are a critical and positive
component of that tourism, and the Mayor and Council declare their intent to continue to
support and encourage special events of all types but determines that additional rules are
necessary to curb the adverse, secondary effects of events which mushroom beyond the capacity
of their venue and logistical support; and
WHEREAS, the City acknowledges that the permit requirements of the Special Event
Ordinance, as amended here, can be easily argued to affect lawful assemblies and speech and
therefor the city has established reasonable time frames adjusted for the size and complexity of
the assembly, to consider and respond to the request for a permit and prompt notice and appeal
rights in the event an application is denied; and
WHEREAS, the Mayor and Council acknowledge that the ways in which the Special
Event Ordinance has been and will be applied are the best evidence of the City's commitment to
special events and to the rights of the event organizers and event participants to assemble, and
finds that, to date, there have been no complaints that staff has applied the existing ordinance
unfairly; and
WHEREAS, to date the Special Event Ordinance has primarily focused upon planned
events; and
WHEREAS, the Mayor and Council find and determine that the advent and virtually
universal spread of social media through the demographic of visitors to the City of Tybee Island
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has, with greater frequency, caused special event type entertainment assemblies to be
commercially produced and promoted very quickly and in hastily created or converted venues
with little or no notice or adequate private or public planning and provision for security, crowd
control, traffic control and parking, and safety, and in some cases these events have
spontaneously occurred with no accountable producer or any planning or preparation (Pop-Up
Events); and
WHEREAS, the Mayor and Council find and determine that both commercial Pop-Up
Events (with an identifiable producer) and spontaneous Pop-Up Events are contrary to the
health, safety and welfare of the community due to the lack of internal planning and control, and
notice to the City to permit external planning and protection; and
WHEREAS, the Mayor and Council also find and determine that the lack of internal and
external planning and control of Pop-Up Events creates secondary effects that frequently
become a public and private nuisance, including by way of example and not limitation, traffic
congestion, pedestrian trespass, vehicular trespass, illegal parking, illegal drug and alcohol use,
violence and other breaches of the peace, especially where a large crowd of pedestrians and
even vehicles are held waiting outside a venue that is at capacity or attempt to access a venue
that has essentially unlimited access; and
WHEREAS, the Mayor and Council also find and determine that commercial Pop-Up
Events will continue and, in fact, increase and that the producers of these events should be
required to think through the needs and effects of the event assembly and give the city the
information and time required to coordinate its public safety efforts to accommodate the
attendees, just as traditional special events which in the past were publicized and promoted
through slower and more predictable media; and
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WHEREAS, the Mayor and Council recognize that spontaneous Pop-Up Events in a non-
commercial venue present a more difficult issue in a free society because they are, in fact, a
spontaneous assembly which is the right of a free people, but the Mayor and Council also find
and determine that when such an assembly begins to create the same adverse effects which are
attendant to an unregulated traditional special event, that is such things as neighborhood trespass
of persons or vehicles, illegal parking, traffic congestion, frequent or repeated violations of the
law facilitated by the anonymity of the crowd, a need for sanitation facilities, etc., then it is
reasonable and lawful to place upon the owner or person in control of the venue, after notice, the
duty under penalty of law to do all that he or she can reasonably do to bring the event under or
within the threshold limits of the criteria which caused the assembly to become problematic; and
WHEREAS, the Mayor and Council find and determine that the placing upon the owner
or person in control of a non-commercial venue where a spontaneous special event occurs the
duty to do all they reasonably can to bring the assembly under control will create a needed
incentive for owners to pay attention to their property and be alert to not allowing assemblies
upon their property to get out of control in the first place; and
WHEREAS, the Mayor and Council also find and determine that the City and other cities
have experienced an entirely new Pop-Up Event phenomenon, that is, a spontaneous special
event "organized" through social media with no accountable producer or promoter, but still
generating the same types of needs and effects as a traditional special event, albeit so far on a
smaller scale; these Pop-Up Events include by way of example and not limitation, "open" house
parties (no invitation required); "pay-party" house parties (no invitation required, leave money
at the door) and large beach assemblies with amplified music; and
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WHEREAS, the Mayor and Council also find and determine that the variety, uniqueness,
innovation and timing of modern special event assemblies, some commercially promoted and
others spontaneously occurring and all frequently publicized and promoted through
instantaneous social media as well as traditional media, require the City to adopt a more flexible
and commonsense approach to defining and determining what is a special event; and
WHEREAS, the Mayor and Council have received and considered extensive testimony
from the public, from promoters and producers of special events and from staff, including the
Fire Chief, the Chief of Police and the City Manager, regarding what should be considered a
special event and the issues and opportunities for mischief accompanying them and, moreover,
the Council members have personally witnessed virtually all of these issues from time to time
and find that the testimony presented in support of this ordinance is consistent with their own,
first-hand experience; and
WHEREAS, by this ordinance, based upon that testimony and experience, the Mayor and
Council intend to establish specific criteria defining and determining what should be considered
a special event under the totality of the circumstances at hand and to authorize staff to apply that
criteria in each specific case; and
WHEREAS, the City has attempted in the past to define special events based primarily
upon anticipated attendance and found that method to be unreliable sometimes in the age of
social media; and
WHEREAS, the Mayor and Council are aware of the inalienable right of citizens in a free
state to assemble peacefully and without creating a public nuisance, and to speak and entertain
freely, but expressly find that the type of assemblies that will trigger the application of this
ordinance create a real and imminent threat to the health, safety and welfare of the event patrons
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as well as the community if the notice, planning, preparation, services and control required by this
ordinance is not provided, and based upon years of experience the City finds that there is no less
intrusive way of handling the situation in the extremely active tourist environment of the City, so
to borrow from Mr. Justice Holmes, "Upon this point a page of history is worth a volume of
logic." N.Y. Trust Co. v. Eisner, 256 U.S. 345, 349 (1941) and the City has been working with
special events for several decades, regulating them for the last; and
WHEREAS, the Mayor and Council are aware that the authority given staff to interpret
and apply the specific criteria established in this ordinance in order that the City may timely
consider the totality of the circumstances in each unique case, may be argued to invite arbitrary
or capricious chilling of the rights of free speech or assembly but, Justice Holmes again, “Great
constitutional provisions must be administered with caution. Some play must be allowed in the
joints of the [government] machine.” Missouri, K&T. Ry. Co. of Texas v. May, 24 S. Ct. 638
(1904); and
WHEREAS, the City finds and determines it necessary to update and amend the Special
Events Ordinance to better regulate traditionally produced and marketed special events and to
add Pop-Up Events because, without these amendments, events will overrun the current law;
and
WHEREAS, the Mayor and Council find and determine that this ordinance will promote
the public good by establishing necessary standards to define special events in the digital age, to
create incentives and mechanisms to promote the public welfare by fostering preparation for,
and curbing the excesses of, assemblies which by these same standards become events needing
some level of support and control to protect persons and property, and therefore that, although
this ordinance contains penalties, it is adopted for a remedial purpose and if challenged should
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nonetheless be given an equitable construction in order to achieve the clear remedial purposes
determined by the legislative Council. N. Securities Co. v. US, 24 S. Ct. 436 (1904); and
WHEREAS, the Mayor and Council recognize the power and discretion that is being
granted to city staff, including the City Manager and Police Chief, and that the City seeks to
provide certain objective standards for the City Manager and Police Chief to use in enforcing
this ordinance, so that the ordinance is narrowly drawn, reasonable, has definite standards
guiding the hands of the city staff; and
WHEREAS, the Mayor and Council recognize that the provisions of this ordinance are
somewhat complex and interrelated by the definitions employed and the form by which the
ordinance is structured, but also find that the events and assemblies upon which the substance of
this ordinance applies are quite varied and must be considered several and not interdependent,
so that if this ordinance is found to be unenforceable, in whole or in part, against one or more
classes of events or assemblies, the remainder may easily be left in force, and should be left in
force for the public good; and
WHEREAS, the governing authority desires to amend Section 54-70 et. seq so as to
clarify same, to repeal all conflicting ordinances, to provide for an effective date and for other
purposes.
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that
Article III, Special Events, of the Code be amended and shall read as follows:
SECTION 1
The Code of Ordinances is hereby amended so as to revise Article III, Special Events, so
that it shall hereafter read as follows:
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ARTICLE III. - SPECIAL EVENTS
Sec. 54-70. Definitions
For the purposes of this Article, Special Event shall mean any assembly of persons upon the
public beaches, public streets or rights of way, or within the City parks or parking lots, where it is either
reasonably anticipated that municipal services will be required, or where additional municipal services are
actually required. There are two general types of special events that require a permit under this Article,
those that are planned and permitted and unplanned/pop up special events.
(a) MUNICIPAL RESOURCES ANTICIPATED TO BE REQUIRED (Planned event). The
gathering is reasonably anticipated to require for its safe and successful execution the provision or
coordination of municipal services by the City or by the event producer to a material degree above that
which the City routinely provides under ordinary, everyday circumstances. Municipal services include,
but are not limited to fire and police protection, crowd control, traffic control, parking control, street
closure, emergency medical services, garbage or trash facilities or clean-up and sanitation facilities
(herein "municipal services:).
(b) MUNICIPAL RESOURCES ACTUALLY REQUIRED (Pop-up Event). The municipal
services required for an unpermitted assembly exceed at any point in time the level of municipal services
typically available from the City for that time and season after taking into consideration the similar,
municipal-type services provided by the person or persons, if any, encouraging the assembly.
Notwithstanding the foregoing, any planned special event to be held in any part of the
beach is presumed to be a special event, except for specifically enumerated exceptions that are a part of
this ordinance. This presumption can be rebutted only by the event producer providing clear and
convincing evidence that, based upon the nature, location, time and season of the event there is a high
degree of probability that the event will not draw a crowd in excess of one person for every seven (7)
square feet of beach controlled by the producer, or where people are gathered for purposes of the event.
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(c) PRODUCER. As used herein, the term “Producer” means an individual, individuals or
any entity that attempts to promote or does promote an event or gathering of people by way of
advertising, social media, directly or indirectly, the event or gathering and promotes the attendance at an
event or gathering and who supervises or finances an event. Such term shall be synonomos with
“promoter” and includes a person or entity who directly or indirectly encourages, persuades, or advertises,
or uses publicity to encourage or persuade attendance at an event or gathering.
Sec. 54-71. Permits.
(a) In the interests of the public's convenience and safety and availability of city services, persons
or organizations wishing to host a special event must first obtain a permit from the city manager or his
designee. The permit application shall include, but not necessarily be limited to, the following information:
(1) Description of event including the location, date/time, activities, entertainers,
estimated number of participants.
(2) Name, address and telephone number of sponsoring organization and its responsible
representative. This includes the name and address of all natural persons or organizations controlling at least a
five percent stake in the event.
(3) Method of notification of participants.
(4) Publicity plan, if open to the general public.
(5) Parking/traffic control requests and concerns.
(6) Public safety requests and concerns, if any.
(7) Impacts on other city services, if any.
(8) Whether alcoholic beverages will be permitted in the event.
(9) Whether there is a request for the City to activate the Festival Zone.
(b) Each application for a special event permit required by this Article shall contain the
information described in Sec. 54-71(a) and must be filed, and the permit fee paid, no less than sixty (60)
days before the opening of the event to the public. Notwithstanding the forgoing, the City Manager
shall accept a tardy application if (i) City staff has the capacity to conduct an ordinary review of the
application without causing material neglect of other staff duties or, (ii) the event promoter stands willing
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and able to pay and deposits a sum of money to cover any overtime for City staff to conduct an ordinary
review of the application, and staff volunteers such overtime, then the City will use reasonable efforts to
process a tardy application in time to allow the event to be held. Applications shall be reviewed in the
order received and priority shall be given to timely filed applications.
(c) All applications shall contain language indemnifying and holding harmless the City, its
elected officials, officers, agents, and employees, in language approved by the City Attorney.
(d) It shall be unlawful to engage, conduct, promote, or provide entertainment to any special
event without first receiving a permit from the City pursuant to this Article.
(e) Exceptions.
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction and supervision of the proper
school authorities; and
(3) Training exercises conducted by federal, state or local officials, so long as the
training exercise has been approved by the City Manager.
Sec. 54-72. Application and Plan.
(a) Each plan included in the special event application, and any conditions imposed by the
City Manager pursuant to Sec. 54-75(e), shall be continuously implemented during the special event, and
any failure to do so shall result in the automatic suspension of the permit and suspension of the event
until full implementation is made.
(1) Should the actual attendance at any special event, including persons attempting to
enter the event, or the municipal services actually required at a permitted event exceed for a period of one
(1) hour the number or level anticipated by the application and permit, it shall become the duty of all
persons owning or able to control the event or the event venue to take reasonable, diligent, and constant
measures to reduce the excess until the planned number or level is reasonably achieved. The failure of any
such person to immediately, after notice from the City, make a reasonable, diligent and constant effort to
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reduce the excess shall be a violation of this law punishable by civil penalties specified in this Article.
The Chief of Police or his designee is authorized to approve actions to partially or slowly reduce the
excess as compliance if he or she finds (i) that such person is acting in good faith after notice of the
excess, (ii) that full and immediate elimination of the excess will not be feasible and (iii) that it would be
safer to taper down the event rather than to abruptly close the venue or stop the event.
(2) Conversely, should actual attendance fall below the permit estimates for a
sustained period and appear likely to continue at reduced levels, the City Manager or his designee shall
be authorized, but not required, to allow the applicant to reduce staffing to the minimums reasonably
required.
Sec. 54-73. Unpermitted Assembly (Pop-up events).
The City has found and determined that some special events occur without a permit, especially if
attendance is promoted through instantaneous, social media.
(1) If an assembly develops into a special event (without a permit) it shall become the duty of
all persons or entities owning or able to control the special event or who is providing entertainment
encouraging the assembly, to take reasonable, diligent and constant measures to reduce the activity or
circumstances which caused the assembly to become a special event - that is for example but not limited
to, reducing the number of attendees, or to provide the additional municipal type services needed to
regulate event traffic, maintain the peace and protect the public health and safety. The failure of any
such person or entity to immediately after notice from the city make a reasonable, diligent and constant
effort to reduce the event attendance or otherwise provide adequate services, to the satisfaction of the
Chief of Police or his/her designee shall be a violation of this law punishable by civil penalties specified
in this Article. The Chief of Police or his designee is authorized to approve actions to partially or slowly
reduce the event attendance to a point where it is not considered a special event if he or she finds (i) that
such person is acting expeditiously and reasonably to employ feasibly available resources to address the
issues after notice that the assembly has become a special event, (ii) that full reduction to the criteria
threshold will not be feasible and (iii) that it would be safer to taper down the event rather than to
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abruptly close the venue or stop the event.
(2) Whether a spontaneous assembly has developed into a special event based upon
attendance or a need for municipal services (as those services are defined in this Article), shall be
determined by an objective and reasonable examination of the totality of the circumstances at hand,
including but not limited to the following factors:
(a) With respect to attendance and attempted attendance:
(i) Whether the attendance is ticketed.
(ii) Actual attendance at prior, similar events.
(iii) The extent of commercial promotion and advertisement of the event,
especially promotion outside of the City of Tybee, by traditional or digital means, but excluding
spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or
any person acting on behalf of the event producer or any person with a financial or other personal interest
in the event ("spontaneous social media").
(iv) The extent of spontaneous social media encouraging attendance at the
assembly.
(v) Whether the location and configuration the assembly, and the nature and
presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at
large.
(vi) The number in attendance and attempting to attend shall be determined
by the Chief of Police or his designee using recognized or previously established law enforcement
estimating techniques.
(b) With respect to municipal services actually required:
(i) Repeated pedestrian trespass.
(ii) Repeated vehicular trespass.
(iii) Illegal parking.
(iv) Traffic congestion.
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(v) Apparent need for sanitation facilities as evidenced by public urination
or other bodily functions.
(vi) Repeated and flagrant instances of illegal activity.
(vi) Repeated noise ordinance violations after notice, including differing
offenders.
(vii) Unusual amount of trash being abandoned with no apparent resources
available to clean up after event.
(viii) Unusual or repeated need for medical assistance.
(3) When the City is aware of the planning of an assembly in which the Chief of Police
determines is more likely than not to become a special event, as defined by this ordinance, then the City
Manager may notify anyone promoting, organizing, or otherwise planning to attend that they may be
subject to this ordinance and all resulting criminal and civil penalties. Said communication shall also
include a copy of a special event application and a copy of this ordinance.
(4) In addition to the procedures described above, the Mayor and Council of the City may by
resolution impose restrictions on activities including, but not limited to, the public consumption of
alcoholic beverages in areas designated in such resolution upon a report to the Mayor and Council that an
unpermitted event is being promoted and advertised, published on social media, or by leaflets or by other
means where such promotion reasonably indicates to the Mayor and Council that there is an immediate
risk to the public safety, welfare, citizens and property of those participating in the event and residents of
the City. Upon the passage of any such resolution pursuant to the provisions of this subsection, the
resolution shall be posted on the City’s website and publication and dissemination thereof shall be
encouraged and notice thereof shall be disseminated to the fullest extent possible so as to alert the public,
the event producers or promoters and all persons whatsoever of the lack of permission for the event
and/or a prohibition on the public consumption of alcoholic beverages during such dates, times and
locations as set forth in the resolution.
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Sec. 54-74. Fees.
(a) As part of the application review process, together with the services requested by the
applicant, the city manager shall set fees to defray the costs of city services for special events to be determined
on the basis of actual expected costs. The costs shall be the marginal costs directly associated with the special
event above what the general public would generally require. Such fees may be adjusted to the extent that the
city co-sponsors a special event, as determined by the city manager. In the instance of a spontaneous
unpermitted special event, where the City incurs marginal costs directly associated with the unpermitted
special event, the fee shall still be calculated and applicable as further provided herein.
(b) The level of municipal services required shall be determined by an objective, reasonable
examination of the totality of the circumstances, including but not limited to the following factors:
(1) The size of the assembly and the anticipated attendance.
(2) The location of the event to determine the potential for pedestrian and vehicular
congestion.
(3) The nature of the event, the activities planned during it and the weather
conditions of the season to evaluate the danger of harm to persons and property such as a fireworks
explosion, a collision of participants or spectators, spectator or participant heatstroke, drowning, and the
like.
(4) The historical density of visitors to the City during the annual season of the
event and the type of activities, safe and unsafe, in which those visitors have historically engaged.
(5) Whether the assembly is specifically designed and staffed to handle the
anticipated needs and effects of the anticipated number of attendees.
(c) The City shall notify the applicant of the municipal services fee, and if requested grant a
meeting with the City Manager to confer with the applicant about the fee. If the applicant does not accept
the type and extent of municipal services listed and the amount of the municipal services fee, the City
shall nonetheless proceed in ordinary course to complete the application process and either deny the
permit through the process contained in this Article without consideration of the applicant's objection to
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the fee, or if the applicant is entitled to the permit then grant the permit upon the condition that the
municipal services fee be paid before the permit becomes valid or effective. The applicant shall have the
right to appeal to the Mayor and Council the type and extent of services required and the amount of the
fee by letter filed with the City Clerk within three (3) business days after the City shall provide the
applicant the itemization and amount of the fee which notice shall state that the applicant may appeal
within three business days. The Mayor and Council shall uphold or lessen the fee based upon information
about the extent of services to be rendered by the City directly related to the event and the cost of those
services as presented by City Manager or his/her designee and the applicant in a de novo, quasi-judicial
hearing held as soon as may be practicable. The Mayor and Council's decision, including its reasons
therefore, shall be announced at the conclusion of the hearing and entered onto the record thereof which
shall constitute the Council's final order in any subsequent proceedings. The hearing may be continued
from time to time in the sole discretion of the Mayor and Council. If the Mayor and Council is unable to
timely conduct or conclude the hearing in time for the event to be held pursuant to an otherwise valid
permit, the applicant may pay to the City the disputed fee under protest, and the permit shall become
effective so that the event may be held, in which case the hearing shall be held and concluded after the
event at a mutually convenient time. If the fee is upheld, it shall be accepted by the City; if it is reduced
the reduction shall be refunded to the applicant.
(d) In the event of an unplanned and unpermitted special event, anyone who promoted, planned,
executed, provided entertainment, or attended shall be responsible for the applicable municipal services fee.
This includes anyone that promotes through social media. The City Manager is authorized to direct the City
Attorney to pursue all legal remedies necessary to collect any fees that are authorized pursuant to ordinance.
(Code 1983, § 7-1-2)
Sec. 54-75. Action on the Application and Appeal.
(a) The City Manager must decide to grant or deny an application at the earliest possible
time after receipt.
(b) The City Manager may deny a permit only on one or more of the following grounds:
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(1) The permit application is incomplete; a complete application is one that provides
all the information or items required by this Article regardless of the sufficiency of the information or
item.
(2) The application fee has not been paid;
(3) The proposed event is unlawful;
(4) The application contains a material falsehood or misrepresentation;
(5) It reasonably appears that the proposed event will present a clear and present
danger to the public safety or health;
(6) The proposed event is of such a nature or duration that it cannot be reasonably
accommodated in the particular location; or
(7) The applicant has refused to attend or participate in good faith in a pre-permit
meeting requested by the City Manager following reasonable notice and scheduling attempts by the
City Manager and failed to propose reasonable alternatives.
(c) The City Manager is expressly prohibited from denying any permit based upon the
identity of any speaker or entertainer or the viewpoint, content, or type of speech or expression to be
displayed so long as such speech or expression is lawful.
(d) Every denial of a permit shall be in writing and shall clearly explain the reason(s) for
denial. A denial of a permit application as "incomplete" must identify the specific information required
by this Article which was not provided. A denial based upon the unlawfulness of an event must identify
the law or regulation prohibiting such conduct. A denial based upon a clear and present danger to the
public safety or health must identify the specific conditions which reasonably give rise to the danger. A
denial based upon the fact that the proposed event cannot be reasonably accommodated in the particular
location applied for must state specific reasons why the area is unsuitable for the event. A denial based
upon an applicant's refusal to attend or participate in good faith in a pre-permit meeting, or suggest an
alternative, shall identify the steps taken to provide reasonable notice and scheduling of such meeting
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and, if applicable, any conduct at the meeting demonstrating bad faith participation by the applicant. The
purpose of the requirement is to allow the applicant to know the grounds upon which the permit was
denied and to permit Mayor and Council the opportunity to verify and confirm the objective validity of
any denial and to ensure that any limited discretion given to the City Manager under this Ordinance is
not abused so as to disfavor protected speech or expression.
(e) The City Manager may condition any permit with reasonable requirements concerning
the time, place or manner of holding a special event as is necessary to coordinate municipal services,
multiple uses of public property, assure preservation of public property and public places, prevent
dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control
vehicular and pedestrian traffic in and around the venue, provided that such requirements are narrowly
tailored to address these concerns and are not implemented for the purpose of regulating or restricting
protected speech or expressive conduct.
All permit applications shall be deemed granted as applied for if the City Manager does
not grant, grant with conditions, or deny the permit in writing within thirty (30) calendar days of receiving
an application. A permit which is granted automatically under this section is conditioned upon any
required city services fee being paid before the permit becomes valid or effective. If an applicant
disagrees with the fee required, the provisions of Sec. 54-71(c) shall control. The automatic granting of
permits provided in this section shall not apply if:
(1) The permit application fee has not been paid;
(2) The City Manager has indicated his intent to deny a permit and the applicant has
agreed, in writing, to supply the City Manager with additional information which may allow the permit to
be granted. In this case, the permit application will be deemed granted if the City Manager does not grant,
grant with conditions, or deny the permit in writing within ten calendar days of receipt of the additional
information, unless the applicant agrees in writing to provide further additional information, which shall
renew the terms and time-frames of this paragraph; or
(3) The City Manager requests additional time to review the application and the
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request is agreed to in writing by the applicant. In this case, the permit application will be deemed granted
if the City Manager does not grant, grant with conditions, or deny the permit in writing by the expiration
of the agreed date.
(f) Every denial of a permit and every conditional grant of a permit challenged by an
applicant is appealable to the Mayor and Council by letter filed with the City Clerk within three (3) business
days after receipt of the denial or proposed conditional grant. The Mayor and Council shall grant or deny the
permit, or uphold or rescind the conditions, based upon information presented by the applicant and the City
Manager or his designee in a de novo, quasi-judicial hearing held as soon as practicable. The Mayor and
Council's decision, including its reasons therefor, shall be announced at the conclusion of the hearing and
entered onto the record thereof which shall constitute the Mayor and Council's final order in any subsequent
proceedings and which may, but shall not be required to, express findings of fact and conclusions of law.
The hearing may be continued from time to time in the sole discretion of the Mayor and Council, provided
that if the Mayor and Council does not render a final order within fifteen (15) days after filing of the letter of
appeal the permit shall be deemed granted.
Sec. 54-76. Penalty for violation.
In addition to any civil penalties that the City may pursue, any person convicted of violating any of the
provisions of this article shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not
exceeding 60 days or by both such fine and imprisonment.
(Code 1983, § 7-1-4)
Sec. 54-77. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor may be sold or otherwise distributed at any
special event conducted under the provisions of this article except for special events conducted on private
property and approved by the mayor and council.
(Ord. of 4-10-2008(4); Ord. of 9-25-2008(2))
Sec. 54-78. Weather and other changes.
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Once a special event has been permitted, location and date changes necessitated by weather events or
other calamity shall not require further permitting, and all authorizations and licenses or permissions applicable
to the original permit shall continue to the extent applicable. Notwithstanding the foregoing, the permit holder
must cooperatively work with staff on different dates, locations and times.
The City Manager shall have the authority to revoke a permit in the event that weather or other environmental
conditions presents a substantial likelihood of danger to the public, and event organizers and attendees.
(Ord. of 9-25-2008(2))
Secs. 54-79. Severability.
Should any section, provision, or clause of any part of this ordinance be declared invalid
or unconstitutional, or if the provisions of any part of this ordinance as applied to any particular
situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not
be construed to affect portions of this ordinance not so held to be invalid, or the application of
this ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent
of the City that this ordinance would have been adopted had any such invalid portion not been
included herein.
Secs. 54-80 - 54-109. - Reserved.
SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
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SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2016.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances/2016/2016-32 Amend Art III Special Events 11.21.16
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RATINGTASKGROUPINGASSIGNMENTPROJECTED START DATEPROJECTED FINISH DATEREMARKS6 Complete Marine Science Center Infrastructure (Roads, W/S)
Jason sent a letter County Chairman
asking for $2M as this is beach related.
Included public safety, life guards
6
Build dunes where needed (add crossovers, address vehicle access
areas
Non-public Safety Beach
Related
(1)Diane to get update from Marlow for
Phase II (2) Need match from State
$1.5M (3) Wanda to work with Dan
Parott, BTF (4) Need solutions for dune
crossovers, possible outsource
6 Finalize goal for hurricane reserve Finance/Energy Use Reduction In progress
6 Marsh Hen Trail Recreation
Bids came in much higher than expected.
Infrastrusture Committee decided not to
accept the bids but to research
alternative approaches to the bridge
costs to lower the cost and fit into the
budget.
4 Complete w/s upgrades Infrastructure (Roads, W/S
City to borrow from GEFA for upgrade to
the 3 sections of lead jointed waterlines
and to replace the WWTP UV system.
EPD Report for Water line has been
accepted.20161208Amended4CityCouncilPacketPage 148 of 16120161208/jrl
3 Long term plan for NB Parking Lot Infrastructure (Roads, W/S
RS&H has completed the NB Parking
Layout Plan with Budget for completion
for budgeting in FY 18 - Bubba looking at
deeds
3 Secure State funding for Phase 2 of Channel Impact Study ($1.5M)
Non-public Safety Beach
Related
Jason going to Atlanta to meet with
Governor
3 Graphic reports actual vs. budget (highlight over/under Finance/Energy Use Reduction Monty would like more graphs.
3 Public restrooms - south end Tourism
(1) Refurbish bathroom at MSC (2) Stick
build at 17th and 18th (3) much like NB
bathrooms
3
Additional office space/safety features at city hall using general
fund/capital improvements fund
Public Safety/Hurricane
Preparation Design/Planning cost in budget
3 Improve Highway 80 Quality of Life
Diane requested GaDOT to improved
stripping at Bull River Bridge (2) reflectors
on bridge good (3) possible lane divider
on bridges. GDOT confirmed it is part of
their work plan.
3
Jaycee Park Improvements: batting cages, playground, restrooms,
storage, trail,. Mini golf course, dog park improvement Recreation
Remove batting cages and dog park
improvement from Jaycee Park Plan.
Batting cages in budget for use indoors in
the gym.
2 Review Code and get rid of some. Enforce what is not being enforced
Public Safety/Hurricane
Preparation
Group has been formed to review
municipal code for corrections, etc. Most
recent presentation regarding progress
was done on 8.11.16.
2 Dog park (improve/current/additional)Quality of Life
In progress - Additional landscaping was
installed. Monty, Julie and staff have met
with Tailspin who has a 501c3 to discuss
fund raising opportunities to improve the
dog park. Press Release about fund raiser
went out on 8.16.16.
2 Update Master Plan/Carrying Capacity Quality of Life
Master Plan Resolution sent to DCA for
approval. Carrying Capacity Study is
completed.20161208Amended4CityCouncilPacketPage 149 of 16120161208/jrl
2 Follow DPW paving schedule Infrastructure (Roads, W/S In progress - FY 16 paving is completed
2 Pedestrian/Bicycle/ADA Improvements - Island wide Infrastructure (Roads, W/S
(1) Bike committee to bring plan to
mayor and council 9/22 re: north beach
area (2) north beach area need sidewalk
especially around Meddin
2 Beach rules enforcement Tourism
Additional Beach Patrol Officers will be
hired - in budget
2 Encourage development of family friendly business Recreation Wanda - in progress
2 Cameras @ Tybrisa area
Public Safety/Hurricane
Preparation In budget
2 Landscape/beautify sore spots (seamless cities)
Public Safety/Hurricane
Preparation
Jason to meet with Garden Club to
discuss
2 Redesign 16th Street Quality of Life
Wanda would like to make Tybrisa a
walking/ped mall
1 Disaster Recovery
Public Safety/Hurricane
Preparation
1 Explore options for Ocean Rescue
Public Safety/Hurricane
Preparation
1
Enforce golf carts on Hwy 80, texting and driving, blinking light
laws/bike safety
Public Safety/Hurricane
Preparation
1 Add Economic Development to goals
Public Safety/Hurricane
Preparation
1 Running routes Quality of Life
1 Positive police presence/increase Quality of Life
1 Noise/lighting Quality of Life
1 Rental housing stock retention/creation Quality of Life
1 Regular review of motel tax collection Finance/Energy Use Reduction
1 Resolve short Term rental business license - Independent vs Manager Finance/Energy Use Reduction New STVR Ordinance addressed this
1 Balance of $6M beach funds Finance/Energy Use Reduction
1 Shallow well beach showers - Island wide Tourism
0 Explore option for facilities @ north and south end
Public Safety/Hurricane
Preparation20161208Amended4CityCouncilPacketPage 150 of 16120161208/jrl
0 Explore option for contracting out additional offices for busy season
Public Safety/Hurricane
Preparation
0
Start having annual legislative priority list and meeting at Capital in
January
Public Safety/Hurricane
Preparation
0 Re-do all street signs
Public Safety/Hurricane
Preparation
0 Support local/businesses/"shop local"Quality of Life
0 City sponsored events Quality of Life
0 City website Quality of Life
0 Trash/recycling Quality of Life
0 Clean beach Quality of Life
0 Signage All Quality of Life
0 Enforcement of ordinances Quality of Life
0 Continue sewer force main improvements Infrastructure (Roads, W/S
On hold until water line and UV System is
completed
0 Polk Street and Bright Street Drainage Infrastructure (Roads, W/S
Bright Street drainage is completed. Bay
Street is in-progress.
0 Visit Hilton Head to evaluate deep well costs Infrastructure (Roads, W/S Completed
0 Immediate: pot holes; galvanized/lead pipe Infrastructure (Roads, W/S20161208Amended4CityCouncilPacketPage 151 of 16120161208/jrl
S H O R T T E R M W O R K P R O G R A M
Tybee Island Comprehensive Plan// 2016 // 1
Community Short Term Work Program
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
LAND USE/DEVELOPMENT PATTERNS
Review and update the Land Development Code in
accordance with the Vision of this plan 2017 Ongoing City Staff time/
Gen. Fund
Enforce existing height restrictions 2017 Ongoing City Staff time/
Gen. Fund
Review and revise the current zoning ordinance as necessary
to ensure development compatibility with existing
neighborhoods
2017 Ongoing City Staff time/
Gen. Fund
Allow upstairs residential in commercial areas when
commercial is the main use 2017 Ongoing City Staff time/
Gen. Fund
Discourage downzoning in commercial areas 2017 Ongoing City Staff time/
Gen. Fund
Increase minimum required square footage for duplex or
multi-family construction in R-2 2017 Ongoing City Staff time/
Gen. Fund
Continue development of comprehensive GIS database for the
City 2017 Ongoing City Staff time/
Gen. Fund
COMMUNITY PRESERVATION
Review and assess the current historic preservation ordinance
and update as needed 2017 Ongoing
City / Hist.
Pres.
Committee
Staff time/
Gen. Fund
Develop an education packet to be distributed to visitors
about the available activities/services/resources, as well as
information regarding protection of natural resources and
work with various agencies/rental companies on distribution
2017 2018 City/Tourism
Council
$25,000/
Gen. Fund; H/M
Tax
Explore the feasibility of establishing incentives for restoration
projects 2017 Ongoing
City / Hist.
Pres.
Committee
Staff time/
Gen. Fund
Develop a program to buy and remove grandfathered
billboards in the marsh 2018 Ongoing City/Tourism
Council Gen. Fund/DNR
Coordinate with appropriate agencies and historic
preservation groups to identify funding for preservation
projects
2017 Ongoing
City/Hist.
Pres.
Committee
Staff time/
Gen. Fund
Adopt local historic district designations 2017 2017 City Staff time/
Gen. Fund
Continue the economic development planning for the
business district
2017 Ongoing City/Main
Street
Staff time/
Gen. Fund
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S H O R T T E R M W O R K P R O G R A M
Tybee Island Comprehensive Plan// 2016 // 2
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
COMMUNITY PRESERVATION (continued)
Consider establishing architectural standards for historic
structures 2017 Ongoing
City/Hist.
Pres.
Committee
Staff time/
Gen. Fund
Protect the existing character of the island by limiting the
mass, scale, density and height according to established
ordinances
2017 Ongoing City Staff time/
Gen. Fund
Provide facilities and services needed by tourists and residents
while lessening the impacts of tourism on permanent island
residents
2017 Ongoing City/Tourism
Council
Staff time/
Gen. Fund
Provide showers at dune crossovers if/when the deep well
treatment facility is completed 2019 2021 City $100,000
Gen. Fund
Incorporate the results of the carrying capacity study into
regulations to ensure growth does not outpace resources and
infrastructure
2019 Ongoing City Staff/City
Council
Staff time/
Gen. Fund
Enforce existing rules through cart and beach patrols with
possible surveillance video in problem areas 2019 Ongoing City Staff/City
Council
$50,000/
Gen. Fund
Explore the feasibility of Transfer of Development Rights for
the implementation of parking facilities in exchange for
greenspace
2019 Ongoing City Staff/City
Council/DCA
Staff time/
Gen. Fund
Continue to implement beautification/façade improvements in
the business district through a revolving loan program 2017 Ongoing City/Main
Street
Staff
time/$25,000/
Gen. Fund
Review the Tree Ordinance and develop incentives to promote
the retention of trees as opposed to removal and replacement 2018 Ongoing City/Main
Street
Staff
time/$25,000/
Gen. Fund
Actively enforce existing ordinance violations for short term
rentals by warning for first offense and loss of license for
second offense
2018 Ongoing City/City
Council
Staff time/
Gen. Fund
Consider annexation of McQueen's Island from Lazaretto
creek Bridge to the western terminus of the Bull River Bridge 2019 Ongoing City/City
Council
Staff time/
Gen. Fund
Continue to support the Lighthouse Museum 2017 Ongoing City $25,000/yr
Gen. Fund
Continue to support and work with the Marine Science Center 2017 Ongoing City Staff time/
Gen. Fund
Continue to support the Tybee Post Theater 2017 Ongoing City $25,000/yr
Gen. Fund
Support continued planning and program development for
the Rivers End Campground to attract off-season visitors
2017 Ongoing City $30,000
Gen. Fund/DNR
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S H O R T T E R M W O R K P R O G R A M
Tybee Island Comprehensive Plan// 2016 // 3
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
COMMUNITY PRESERVATION (continued)
Continue to maintain/replace as necessary all public works
equipment 2017 Ongoing City $100,000
Gen. Fund/SPLOST
Develop a master plan for Memorial Park, including walking
paths and shade trees 2019 2019 City/Tourism
Council
$75,000/
Gen. Fund
SUSTAINABILITY
Review results of the carrying capacity study and implement
recommendations as feasible 2018 2021 City $1,000,000/Gen.
Fund/DNR/SPLOST
Work with agencies on preservation of beach and marshes 2017 Ongoing City $50,000/Gen.
Fund/DNR
Provide education for visitors on the fragile ecosystem and
appropriate actions and activities 2017 Ongoing City/Tourism
Council
$25,000/Gen.
Fund/DNR
Continue water conservation efforts and assess needed
upgrades to the system 2017 Ongoing City/Tourism
Council
$25,000/Gen.
Fund/DNR
Consider an island ban on outdoor watering (sprinkling,
irrigation and drip lines) 2018 Ongoing City Staff time/
Gen. Fund
Develop educational materials on water conservation
techniques for visitors and residents 2017 Ongoing City/Tourism
Council
$15,000/Gen.
Fund/DNR
Develop a prioritized plan for implementing needed
infrastructure improvements 2019 2020 City $50,000/Gen.
Fund/DNR/DCA
Fast track funding substructure for water/sewer plant
upgrades and new facilities 2018 2020 City $1,000,000/Gen.
Fund/DNR/DCA
Continue to implement the NPDES Phase 1 MS4 Permit SWMP 2017 Ongoing City Staff time/
Gen. Fund
Complete a peer review of other island communities and the
various approaches for conserving and managing water
resources
2017 2018 City $45,000/Gen. Fund
Continue to monitor drainage issues in dunes 2017 Ongoing City Staff time/
Gen. Fund/DNR
Continue to update dune crossovers 2019 Ongoing City $100,000/
Gen. Fund/DNR
Continue the upgrade of sewer collection system; improve
efficiency, reduce stormwater intrusion and explore the
feasibility of connecting existing septic systems users to the
treatment facility
2017 Ongoing City S$3,000,000/
SPLOST
Continue to seek funding and implement beach re-
nourishment 2020 Ongoing City Staff time/
Gen. Fund/DNR
Continue to provide for the use of native plants/xeriscape
through the development of landscaping guidelines
2017 Ongoing City Staff time/
Gen. Fund
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S H O R T T E R M W O R K P R O G R A M
Tybee Island Comprehensive Plan// 2016 // 4
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
SUSTAINABILITY (continued)
Develop strategies focusing on the retention of small
businesses 2018 2019 City/Main
Street
$30,000/
Gen. Fund
Provide incentives and assistance to encourage new
businesses to locate on Tybee 2017 Ongoing City/Main
Street
$40,000/
Gen. Fund
Create policies to encourage off peak visitors 2018 2019 City/Main
Street
$30,000/
Gen. Fund
Encourage small conventions to locate on the island during
off-season 2018 2019 City/Main
Street
Staff time/
Gen. Fund
Develop and adopt a Catastrophic Disaster Rebuild Plan for
the Island 2019 2020 City $100,000/Gen.
Fund/DCA/DNR
If deep well tests are successful, construct water treatment
facility for deep well water 2021 Ongoing City $2,225,000/
SPLOST
Develop ordinance changes to encourage non-FEMA
compliant homes to be lifted to become FEMA compliant 2019 2021 City $50,000/Gen.
Fund/DCA/DNR
Work with local, state and federal agencies to develop a plan
for dealing with disasters 2020 2021 City/CEMA $100,000/Gen
Fund/DCA
HOUSING
Encourage a variety of housing types with a range of costs 2017 Ongoing City $10,000/Gen. Fund
Investigate the approaches of other communities and develop
incentive programs for the provision of affordable housing
appropriate for Tybee
2018 2019 City $30,000/Gen. Fund
Allow for multi-use upstairs rentals in commercial areas that
provide affordable year-round housing 2017 Ongoing City Staff time/ Gen.
Fund
Investigate the feasibility of a rent subsidy program so critical
city personnel (police, fire, etc.) can live on the Island 2019 2021 City $30,000/Gen.
Fund/DCA
Review and assess the number of short-term rental properties
and impacts on adjacent properties 2017 2018 City Staff time/ Gen.
Fund
Require licensing for vacation rentals and minimize adverse
impacts on Island residents, including parking, noise, and
numbers of tenants
2018 2019 City Staff time/ Gen.
Fund
Investigate the need to provide services and facilities for an
older, retired population 2018 2019 City Staff time/ Gen.
Fund
Identify needed services that are lacking for year-round
residents 2018 2019 City Staff time/ Gen.
Fund
TRANSPORTATION
Work with the Coastal Region MPO and GDOT on planned
and future improvements, including the exploration of
alternative means of transportation on the Island as well as
access to and from the Island
2017 Ongoing City Staff time/ Gen.
Fund
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S H O R T T E R M W O R K P R O G R A M
Tybee Island Comprehensive Plan// 2016 // 5
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
TRANSPORTATION (continued)
Document issues/events to substantiate funding requests 2018 Ongoing City Staff time/ Gen.
Fund
Establish active subcommittee of infrastructure committee to
investigate funding opportunities for projects 2018 Ongoing City Staff time/ Gen.
Fund
In coordination with GDOT, explore opportunities for round-
abouts at intersections, including US 80/McKenzie, US 80/Estill
Hammock Rd, and Butler/Tybrisa
2019 2020 City/GDOT $50,000/ Gen.
Fund/GDOT
Explore various funding opportunities, such as grant programs
and the Transportation Alternatives Program to leverage local
funding for implementation
2017 Ongoing City Staff time/ Gen.
Fund / CORE MPO
Continue to encourage bicycle connections to Tybee from
Wilmington Island 2017 Ongoing City Staff time/ Gen.
Fund/ CORE MPO
Continue to develop multi-use paths and linkages throughout
the City connecting greenspace, parks, cultural, and historic
resources
2017 Ongoing City Staff time/ Gen.
Fund/ CORE MPO
Identify areas in need of pedestrian facilities or in need of
upgrading existing pedestrian facilities and strategies to
address the identified needs
2018 2019 City/CORE
MPO
$50,000/ Gen.
Fund/GDOT/
CORE MPO
Support the ongoing beautification/landscaping of Highway
80 2017 Ongoing City/GDOT Staff time/ Gen.
Fund
Educate residents and visitors about transportation related
routes and ordinances 2017 Ongoing City/GDOT $10,000/ Gen.
Fund
Identify appropriate areas and types of additional parking
facilities, specifically in the North Beach area 2017 Ongoing City $20,000/ Gen.
Fund
Explore the opportunity for a parking garage in coordination
with Chatham County 2018 Ongoing City/
Chatham Co
Staff time/ Gen.
Fund
Explore opportunities to incorporate mix of uses with potential
additional parking 2018 Ongoing City/
Chatham Co
Staff time/ Gen.
Fund
Consider the development of an additional parking lot in C-2
on city owned easement 2018 Ongoing City/
Chatham Co
Staff time/ Gen.
Fund
Lessen parking requirements for new businesses to encourage
commercial use of C-2 properties 2018 Ongoing City Staff time/ Gen.
Fund
Provide discounted parking decals for businesses for
employees who do not live on Tybee 2018 Ongoing City $40,000/ Gen.
Fund
Develop a parking fee structure that maximizes income
opportunities based on peak season and times. 2018 Ongoing City $40,000/ Gen.
Fund
Coordinate with local officials and agencies to provide
assistance with seasonal traffic and to alleviate traffic impacts,
especially on residential streets and particularly during events
2017 Ongoing
City/
CORE MPO/
GDOT
Staff time/Gen.
Fund
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S H O R T T E R M W O R K P R O G R A M
Tybee Island Comprehensive Plan// 2016 // 6
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
TRANSPORTATION (continued)
Create Marsh Hen Trail to connect the current bicycle route to
the Lazaretto Bridge, 2017 2018 City
$717,612/Gen.
Fund, GDOT TE
Grant, Other
Grants
GOVERNMENTAL/INTERGOVERNMENTAL COORDINATION
Improve information dissemination through enhancements to
the City website 2017 Ongoing City Staff time/Gen.
Fund
Investigate opportunities to utilize social media and smart
phone apps for information sharing 2018 Ongoing City Staff time/Gen.
Fund
Develop programs for educating visitors and residents on
littering 2018 Ongoing City $10,000/Gen. Fund
Identify issues with trash removal and work to address those
issues 2017 Ongoing City Staff time/Gen.
Fund
Provide brightly painted trash cans on the beach between
crossovers and explore the opportunity for trash can
sponsorships
2018 2019 City $40,000/Gen. Fund
Develop programs to reduce the amount of trash generated 2019 Ongoing City $15,000/ Gen.
Fund
Assess current enforcement practices and identify areas of
needed improvement 2017 Ongoing City Staff time/Gen.
Fund
Assess number of staff needed and identify any shortfalls 2017 Ongoing City Staff time/Gen.
Fund
Identify areas where additional permanent public restrooms
may be feasible 2017 Ongoing City Staff time/Gen.
Fund
Provide portable restrooms at public beach crossovers in the
summer 2018 Ongoing City $50,000/ Gen.
Fund/DNR
Develop and implement informational signage for visitors
regarding amenities and their locations 2018 Ongoing City/Tourism
Council
$10,000/ Gen.
Fund
Utilize a broad spectrum of information dissemination,
including traditional hard copy (mailers, newsletters) as well as
technology based (website, social media) methods to reach all
members of the community
2018 Ongoing City/Tourism
Council
$10,000/ Gen.
Fund
Coordinate with CEMA, Chatham County and other local
regional planning agencies to implement Tybee Island's
Hurricane Disaster Management Plan
2017 Ongoing City Staff time/Gen.
Fund
Continue to work with Chatham County and Savannah
economic development agencies 2017 Ongoing City Staff time/Gen.
Fund
Continue to participate in regional transportation efforts 2017 Ongoing City Staff time/Gen.
Fund
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TYBEE ISLAND HISTORIC PRESERVATION COMMISSION
MEETING MINUTES
August 15, 2016
ATTENDANCE
(Present) Commissioner: Sue Bentley, Jane Coslick, Bill Garbett, Dottie Kluttz,
Bill Kriner, Neca Stoller
Advisor: Sarah Jones
Staff: Chantel Morton
Guest: Julie Livingston
CALL TO ORDER
Neca called the meeting to order at 6:04pm due to Sue being delayed.
OPEN RECORDS/MEETINGS LAW INFORMATION
This agenda item was deferred to the next meeting.
HPC MINUTES: JUNE 20, 2016
Motion was made by Bill K., which was seconded by Neca, to approve the HPC meeting minutes
of June 20, 2016. The motion passed unanimously.
HISTORIC RESOURCES SURVEY UPDATE
Chantel confirmed that the state’s preservation office is reviewing the consultant’s fourth draft of the
historic resources survey (HRS).
Dottie discussed the purpose of the HRS in regards to the Certified Local Government (CLG) requirements
and how city officials will be able to make the survey useful. Commissioners discussed presenting the
final report at a City Council meeting, the goals of having a complete survey for planning purposes in
protecting resources that represent Tybee, and that how it will assist in demonstrating the need for local
historic districts (LHD).
Julie and Bill G. expressed that the HRS is a major piece to moving forward with preservation
methods. The survey will complement and support the city’s master plan, bring more awareness to
historic buildings, and help with the need to have measures in place to protect what Tybee is. Sarah
added that another benefit of doing the HRS is that new staff at the state's preservation office is
becoming more familiar with Tybee and realizing the numerous resources that remain on Tybee.
REVIEW OF ARTICLE 14 FOR COMMENTS
Commissioners discussed Article 14 and the draft application for a certificate of appropriateness
that was presented at the last meeting. Bill inquired about the number of processed building
permits over the last five years in which a COA would have been applicable. He stated he was
inquiring in order to better understand how much staff time would be added for COA review.
Sarah reviewed Article 14 and that the intent of preservation through the HPC oversight and
enforcement is important. The addition of permit review for properties 50 years and older was
added following the demo of 23 Tybrisa in order to provide additional assistance for protecting
historic properties. The process of reviewing these permits has been going well. It has been
helpful in opening dialogue with contractors and property owners, as well as increasing
awareness of benefits for preservation. She, Sue, and Chantel have been providing updates
regarding this, the HRS, and the LHD progress the HPC is making at City Council meetings
regularly.
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UPDATE: HPC PERMIT REVIEW
Sarah reported that she is receiving approximately two to three calls a week from people inquiring about
work they are planning to do on historic properties. She reiterated that the process of permit review is
working and serving its purpose because owners are inquiring about resources and seeking guidance
early, which indicates progress towards more support for preservation and acceptance of local historic
districts.
Sue expressed the need for these people to speak publicly in favor of preservation efforts on the island.
Bill K. expressed concerns with owners of new homes having to go through the COA process. Sarah and
Chantel explained the state mandate that all properties in a designated LHD are to be handled equally and
consistently.
Sarah shared that she is working with Bob Ciucevich on pursuing another national historic district. This
district will include the south end area that was sought for designation prior to Cullen’s passing and
incorporate multiple properties. This district would provide additional support for preservation on the
island and tax credit opportunities for property owners of contributing properties that wish to pursue
such benefits. Commissioners expressed their support.
Commissioners discussed properties that they have been made aware of that may be in jeopardy.
Discussion ensued about buildings that are moved outside of their respective district. Moving such
resources takes away from the number of contributing buildings that support a district’s character and
strength for designation.
OTHER
Bill K. announced he is resigning from serving on the HPC because his term is complete. Chantel
confirmed she will post the notice that a seat on the HPC is vacant and interested parties may apply to the
clerk of council.
ADJOURNMENT
The meeting adjourned at 6:55pm.
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TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS
Meeting Minutes: October 19, 2016
Vision: To improve the quality of life for those that live, work, and visit Tybee Island and enhance the cultural experience while preserving
the community's barrier island heritage. The Mission of the Tybee Island Development Authority / Main Street Program is to:
- facilitate efforts to revitalize, redevelop, and enhance that which improves the quality of life; - create a sense of place and improve the quality of life for residents, business owners, and visitors using the Main Street Four Point
Approach; - encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage;
- support and encourage the arts as a cultural endeavor and economic engine on the Island.
ATTENDANCE
(Present) Director: Vicki Hammons, Steve Kellam, Ted Lynch, Brenda Marion
Ex-Officio Director: Sarah Bernzott
Program City Staff: Chantel Morton
(Absent) Director: Angela Caldwell, Diane Kaufman, Julie Livingston
Ex-Officio Director: Melissa Memory, Melissa Turner
CALL TO ORDER
Ted called the meeting to order at 6:00pm.
OPEN RECORDS/MEETING LAW INFORMATION
Chantel will email the open records/meeting law information from the Clerk of Council to directors.
DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES
Motion was made by Brenda, which was seconded by Steve, to approve the minutes of the Tybee Island
Development Authority / Main Street Board of Directors September 21, 2016 meeting. Motion carried.
COMMITTEE UPDATES
Design
Vicki confirmed the first of the three public murals is getting one to two more coats of anti-graffiti
and will be ready to be unveiled on November 5 at the Interactive Art Street Party. Sarah
confirmed a photographer is donating their time to take pictures at the event for the program.
Vicki reported that the committee met to review the scope for the second and third murals since
items for these were included on the first mural. The committee recommends that the second
mural be a beach theme to include the pier and pavilion as the focal point with a picture of the
Ferris wheel ride that used to be operational, and photos of beachgoers that graduate from the
past to current period. The committee also recommends that the third mural be a nature and
recreation theme to include Memorial Park, sea turtles, birds, kayaking, etc. Both murals will
continue to have the bike path to tie all three of them together. The third mural will have the
Come Back Again sign that you see when leaving Tybee. Committee representatives with the Arts
Association are talking with artists to do these next two murals with more public involvement.
Brenda made a motion, which was seconded by Vicki, to approve the committee’s
recommendations as presented. Motion carried.
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Promotions
Brenda reviewed final details for the November 5 Interactive Art Street Party. She is posting a call
for volunteers on United Way of Coastal Empire’s Hands on Savannah website. She is writing a
blog for Visit Tybee about murals on the island which will include information about the
November 5 event. She requested Vicki and Chantel send her background information about the
mural guidelines and public mural project. Once she submits the blog, she will email it to Chantel
to forward to directors.
Business Assistance
Ted encouraged all directors to attend the November 1 Merchant Meetup at the Guard House.
He suggested that, in addition to discussing the holidays, the hurricane be included as a discussion
topic for the meetup. Brenda suggested that meetup be titled Hurricane Impact & Holiday
Forecast. Directors agreed. Chantel confirmed she will include this information on the
information that is sent to merchants.
PROPOSED PROJECT PRESENTATION REVIEW FOR THE 10/27 CITY COUNCIL WORKSHOP
Chantel reported that the City Council Workshop for 10/27 may be cancelled. She will follow up with
directors once she has more information. Directors reviewed the presentation Chantel prepared based
on their previous recommendations and discussions. Discussion ensued regarding the flow of the
presentation, increased funding for the façade improvement grant with design guidelines, and benefits of
proposing short term and long term uses of properties for sustainable economic development. Vicki
expressed the importance of having the procedural structures in place ahead of time for city budgeting,
agreements, etc. as has been discussed previously with her, Chantel, Council member Doyle, and City
Manager Schleicher. Directors also reviewed the information received from the Office of Downtown
Development’s Design Studio for pedestrian friendly and visual enhancements for Tybrisa Street. Chantel
will bring an overview of all concepts on one page for the joint workshop.
OTHER BUSINESS
Vicki shared that Rich and she are opening a third location of Lighthouse Pizza on Wilmington Island.
Directors congratulated her.
ADJOURN
The meeting adjourned at 6:51pm.
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