HomeMy Public PortalAbout20170223AmendedPacket2.pdfTable of Contents
000_000_20170223AmendedAgenda2....................................................................................................................................................................................... 1050_010_20170209Minutes....................................................................................................................................................................................... 3050_011_attachment-02172017105722....................................................................................................................................................................................... 7050_012_20170210SpecialCityCouncilMeeting....................................................................................................................................................................................... 9050_013_201702132SpecialCityCouncilMeeting....................................................................................................................................................................................... 10050_014_20170215SpecialCityCouncilMeeting....................................................................................................................................................................................... 11050_015_20170220SpecialCityCouncilMeeting....................................................................................................................................................................................... 12060_010_dennis-02172017105628....................................................................................................................................................................................... 13060_011_Master Plan Implementation Committee Appliction....................................................................................................................................................................................... 19060_012_tybee feb 2017....................................................................................................................................................................................... 21070_020_City Council Presentation 022317 Final....................................................................................................................................................................................... 23 Code Review Update....................................................................................................................................................................................... 23 Slide Number 2....................................................................................................................................................................................... 24 Slide Number 3....................................................................................................................................................................................... 25 Slide Number 4....................................................................................................................................................................................... 26 Slide Number 5....................................................................................................................................................................................... 27 Slide Number 6....................................................................................................................................................................................... 28 Slide Number 7....................................................................................................................................................................................... 29120_010_olsen-02172017124821-0001....................................................................................................................................................................................... 30120_020_Agenda Request - Arts Center Audio & Lighting Equipment....................................................................................................................................................................................... 31120_021_ North Beach Parking Concept Cost Estimate 11-07-16....................................................................................................................................................................................... 32120_022_2017-693 Audio_Lighting System....................................................................................................................................................................................... 33120_023_Arts Center Audio & Lighting - 2017-693 Response Michael Gaster....................................................................................................................................................................................... 43120_024_Arts Center - Audio & Lighting System 2017 -693 Bid Tab....................................................................................................................................................................................... 55120_030_Agenda Feb 23 2017 - GEFA Loan $1,361,000 Agreement....................................................................................................................................................................................... 56 Agenda Feb 23 2017 - GEFA Loan $1361000....................................................................................................................................................................................... 56 GEFA Loam DW2016045 $1-3M Notiice of Award Letter....................................................................................................................................................................................... 57 GEFA Loan DW2016045 Promissory Note - $1-3M....................................................................................................................................................................................... 61 GEFA Loan DW2016045 Loan Agreement - $1-3M....................................................................................................................................................................................... 64120_040_Agenda Feb 23 2017 GEFA Loan 720,000 Agreement....................................................................................................................................................................................... 96 Agenda Feb 23 2017 - GEFA Loan $720000....................................................................................................................................................................................... 96 GEFA Clean Water Act Loan CW2016043 Notice of Award and Checklist....................................................................................................................................................................................... 97
GEFA Loan CW2016043 - Promissory Note - $720,000....................................................................................................................................................................................... 101 GEFA Loan# CW2016043 - Fiscal Sustainability Plan Certification....................................................................................................................................................................................... 104 GEFA LoanAgreement for $720,000 - CW2016043....................................................................................................................................................................................... 107130_010_06-2017 STVR - REDLINE - 02.21.17....................................................................................................................................................................................... 139130_020_32-2016 REDLINE Ame Art III Special Events 11.21.16 (1)....................................................................................................................................................................................... 140130_021_32-2016 CLEAN Ame Art III Special Events 11.21....................................................................................................................................................................................... 161130_030_CCAR_GA HOMEGROWN MUSIC FEST RESOLUTION....................................................................................................................................................................................... 182 RESOLUTION for 11 2017....................................................................................................................................................................................... 183 CCAR_GA HOMEGROWN MUSIC FEST RESOLUTION....................................................................................................................................................................................... 182 CCAR_GA HOMEGROWN MUSIC FEST RESOLUTION....................................................................................................................................................................................... 182 Agenda Request for CC2-23-17....................................................................................................................................................................................... 182 RESOLUTION for 11 2017 map for festival area with control zone area noted....................................................................................................................................................................................... 186 GA Homegrown Music Festival SEA_approved....................................................................................................................................................................................... 187130_040_CW2016043 Resolution $1,361,000 Loan....................................................................................................................................................................................... 199130_050_CW2016043 Resolution $720,00 Loan....................................................................................................................................................................................... 200140_010_Agenda Request - North Beach Parking Lot Conceptual Plan....................................................................................................................................................................................... 201140_011_Tybee North Beach Proposed Design Description_Rev 01-18-17....................................................................................................................................................................................... 202140_012_ North Beach Lot Layout 11-07-16....................................................................................................................................................................................... 204140_032_TybeeBeachAmbassadors-PilotProject....................................................................................................................................................................................... 205
AMENDED AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
FEBRUARY 23, 2017 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 Posting of the Colors: Tybee Island Youth Council
3 Pledge of Allegiance: Tybee Island Youth Council
4 Invocation: JaNiya Bowers, Advisor, Tybee Island Youth Council
IV. Recognitions and Proclamations
1 Employee of the Quarter
i. Matt Harrell – Tybee Island Fire Department
ii. Chantel Morton – Development Authority/Main Street
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 City Council Meeting Minutes, February 9, 2017
2 Special City Council Meeting, February 10, 2017
3 Special City Council Meeting, February 13, 2017
4 Special City Council Meeting, February 15, 2017
5 Special City Council Meeting, February 20, 2017
VI. Consideration of Boards, Commissions and Committee Appointments
1 Master Plan Implementation Committee (9 seats remaining)
i. Dr. Gary Dennis
ii. Anna Butler
VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Tybee Island Youth Council
i. John Balthrop, President
ii. Ryan Abbuhl, Vice President
iii. Payton Kinkle, Liaison to Mayor and Council
iv. Joey Webster, Update from Mr. Charles Coney, Macon/Bibb
v. Sam LeCates, Presentation of Enforceable Ordinance
vi. Ava Thomas, Presentation of Enforceable Ordinance
vii. Bob Bazemore and Hudson Martin-Bazemore, Update on Jaycee Park
viii. Katie Balthrop, Chair, Youth Council Extravaganza!
2 Alan Robertson, Tybee Island Code Review Committee
VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
IX. Consideration of Approval of Consent Agenda
X. Public Hearings
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
XII. Consideration of Bids, Contracts, Agreements and Expenditures
1 Extension Agreement, Erik Olsen, Coastal Engineer 20170223AmendedPacket2 Page 1 of 209 20170222/jrl
2 Arts Center Audio and Lighting – ITB 2017-693 – Michael Gaster & Associates Bid - $27,016.55
3 City Council’s approval of the $1,361,000 GEFA Loan for a water main replacement project
4 City Council’s approval of the $720,000 GEFA Loan for water and sewer project
XIII. Consideration of Ordinances, Resolutions
1 First Reading, 06-2017, Sec 34-262, Short Term Vacation Rental
2 First Reading, 04-2017, Article III, Special Events
3 Resolution to designate November 4, 2017 as the festival day for the Georgia Homegrown
Music Festival and to designate a control zone during the event
4 Resolution, GEFA Loan for water main replacement project
5 Resolution, GEFA Loan for water and sewer project
XIV. Council, Officials and City Attorney Considerations and Comments
1 Bubba Hughes
i. North Beach Parking Lot Conceptual Plan for Review and Discussion
2 Barry Brown
i. Lifting noise ordinance for weekends temporarily due to Hurricane Matthew
ii. Consideration of second egress in set-back on new construction
3 Monty Parks
i. Bar - open door policy and noise ordinance
ii. Beach Ambassadors
XV. City Manager’s Report
XVI. Minutes of Boards and Committees
XVII. Executive Session
1 Discuss litigation, personnel and real estate
XVIII. Possible vote on litigation, personnel and real estate discussed in executive session
XIX. Adjournment
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard
section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the 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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Special City Council Minutes February 13, 2017
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on February 9, 2017. 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;
and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• City Council Minutes, January 12, 2017 with attachments
• Master Plan Implementation Committee
o Sue Bentley
o Alan Robertson
o Amy Gaster
o Dottie Kluttz
o Keith Gay
o Charlene Grissom
• Tybee Time Inc., dba Tybee Time Bar, Alcohol License Request: Sunday Sales.
Discussion: Approval contingent upon staff is satisfied to the kitchen compliance
issues, i.e., menus, personnel requirements and meal preparations to satisfy Tybee
Island’s ordinance with regard to food preparation and service.
• Request approval of the First Amendment to the Intergovernmental Agreement with GEFA regarding the city’s cost for the Test of Deep Aquifer Production for Abatement of
Saltwater Intrusion. Increase of $115,100. Budget line Item: TBD – Sewer Department
Reimbursement
• 2017 Memorandum of Agreement: Tybee Island Information (Info) Hut Partnership
• Request City Council’s approval to apply for grant proceeds from the Georgia Emergency
Management Agency under their 404 and 406 Hazard Mitigation Program.
• Marsh Hen Trail: Consider revising the scope of the project to eliminate the costly bridge
element from Hwy 80 to the Marsh Hen Trail Railroad Bed and approach the trail
through the existing GDOT ROW and City ROW for connectivity. Engineering cost
estimates from Thomas & Hutton to re-design, apply for GDOT encroachment permits
and bid out is $18,500.
• Resolution to Approve the Application for a GDNR Coastal Incentive Grant for the second
phase of the Carrying Capacity Study
Julie Livingston made a motion to adjourn to Executive Session to discuss personnel, real
estate and litigation. Wanda Doyle seconded. Vote was unanimous, 6-0.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the
consent agenda were present.
Opening Ceremonies
• Call to Order
• Invocation: Ken Douberly, St. Michael’s
• Pledge of Allegiance Mayor Buelterman read the Proclamations for Rising TYde Food Pantry and Arbor Day
2017.
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Mayor Buelterman asked Don Hamilton and David Clark, Tybee Island Post Office to
come forward and be recognized for their outstanding service to the community as a result of
Hurricane Matthew. Mayor Buelterman read a Proclamation and the audience gave them a
standing ovation.
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Duane McClain, Morehouse, Promotional Specialist, approached Mayor and Council. Mr.
McClain stated he has communicated with the residents on the Island to get their thoughts on
Orange Crush. He presented a Comprehensive Plan which would rebrand the event to Spring
Crush. His Plan would center around public safety and take back the narrative for the annual
beach event. Mr. McClain stated one of the major issues with the annual event is litter and it is
his goal is to stop litter as visitors should be responsible for their actions. His Mission is “to
execute a beach festival that offers cultural enriching activities that brings awareness to
diversity, equality and unity”. In this way, there will be one voice, one event and an annual
date for Spring Crush. Ms. Doyle thanked Mr. McClain and asked if he is familiar with the City’s
Special Event Application process. He confirmed and is working toward 2018, not 2017, and would like to start conversations moving forward. Ms. Doyle asked if Spring Crush would be in
April or another month. Mr. McClain responded he would like to keep the April date but is open
to other dates in the off season to balance what happens in the season. Mr. Major also thanked Mr. McClain for his concept and asked if he has hosted other such events. Mr. McClain
responded no that Tybee would be setting the precedence. Mayor pro tem Brown stated it is
not the college students that demonstrates bad behavior but 25-30 year olds that follow spring
breakers. Mr. McClain stated activities will be geared toward college students and not the older generation. Mr. Garbett thanked Mr. McClain for his efforts as well.
Julia Pearce approached Mayor and Council to speak on Donations for our Sister City,
Owerri, Nigeria, Africa. Ms. Pearce asked residents to bring their unwanted eye glasses to
City Hall so she in turn can give to the medical staff that will be traveling to Owerri, Nigeria.
She thanked everyone for their assistance in this project. Mayor Buelterman thanked Ms.
Pearce for her efforts to assist our sister city. Jack Boylston approached Mayor and Council to ask the date for Beach Bum Parade, May 19,
2017, not be changed as their special events application has been submitted and approved.
Mayor Buelterman thanked Mr. Boylston for his comments.
John Branigin approached Mayor and Council to speak against the proposed ordinance, 2017-
3C, Alcohol Consumption. Mr. Branigin stated he was disappointed with the lack of resident participation during the first reading of the proposed ordinance. He then read from a prepared
statement, attached, where he expressed his concerns with the proposed alcohol ban. He
asked that Mayor and Council do not approve the proposed ordinance pertaining to the alcohol
ban. Mayor Buelterman thanked Mr. Branigin for his comments. Dotty Kluttz approached Mayor and Council to present her recommendations for Orange
Crush and the proposed alcohol ban. Mayor Buelterman thanked Ms. Kluttz. Tony Vazquez, Chair, Tybee Tourism Council, approached Mayor and Council and asked
they vote to deny the proposed ordinance regarding the banning of alcohol on the beach. Mr.
Vazquez feels if the ordinance passes this would harm the businesses on the Island in various
ways. He recommended the City instruct visiting police officers that will be assisting Tybee
Island Police Department during Orange Crust to enforce current ordinances. Mr. Vazquez
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asked Mayor and Council to deny the second reading of the proposed ordinance. Mayor
Buelterman thanked Mr. Vazquez.
Ron Gossett approached Mayor and Council to speak against the proposed ban on alcohol as
every business on the Island will be affected financially. Mayor Buelterman thanked Mr. Gossett for his comments.
Josie Studder approached Mayor and Council to speak against the proposed alcohol ban.
Mayor Buelterman thanked Ms. Studder for her comments.
Jenny Roundtree approached Mayor and Council to speak against the proposed alcohol ban
as it would affect her financially. Mayor Buelterman thanked Ms. Roundtree. Curtis Schumm approached Mayor and Council to speak against the proposed alcohol ban.
He recommended the local businesses have an action plan for such events that might harm
their revenue. Mayor Buelterman thanked Mr. Schumm for his recommendations. Lisa Lepofsky approached Mayor and Council asking they review the problems of Orange
Crush and have solutions. Ms. Lepofsky also asked Mayor and Council to deny the proposed alcohol ban. Mayor Buelterman thanked Ms. Lepofsky.
Denise Wynn approached Mayor and Council asking they do not approve the proposed
ordinance on the ban of alcohol as there will be enforcement issues. Ms. Wynn also
recommended the possibility of shutting down access to the Island once at capacity for parking.
Mayor Buelterman thanked Ms. Wynn.
Matt Garb, Original Bar, Savannah, approached Mayor and Council. He stated the
economic impact of the proposed ban is greater than expected and would recommend voting
against. Mayor Buelterman thanked Mr. Garb for his comments.
Jay Hellstrom approached Mayor and Council to speak against the proposed ban on alcohol.
Mayor Buelterman thanked Mr. Hellstrom.
Jan Lemayer approached Mayor and Council to recommend the City embrace and control
Orange Crush – have a party with a purpose. Mayor Buelterman thanked Ms. Lemayer for her
comments.
Wanda Doyle made a motion to approve the consent agenda. John Major seconded. Vote
was unanimous, 6-0.
Consideration of Ordinances, Resolutions Second Reading, 2017-3C, Alcohol Consumption. Mayor Buelterman stated at the last
council meeting, Mayor and Council approved at first reading of ordinance 2017-3B, Alcohol Ban
from March through the first Saturday in May 2017. He then commended the Tybee Island
Police Department for the stellar job they do during Orange Crust as well as through-out the
year. It is extremely difficult to manage the situation with officers that are brought in as they
are not under the supervision of Chief Bryson. Mayor Buelterman commented on different
recommendations brought before Mayor and Council earlier in the meeting. He thanked Mr.
McClain for his efforts. Mr. Parks stated when he votes tonight, it is hard for him to vote
against all the recommendations from Public Safety Officers and hard to turn his back on those
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who wear blue. He does not want them to feel he has ignored their input when he votes. Mr.
Major stated he spoke to an official from Gulf Shores recently and two years ago Panama Beach
was considering banning alcohol during Spring Break. At the time that moved forward with
ordinances banning alcohol on Gulf Shores. Due to a horrific incident on their beach, Council
called an emergency city council meeting and unanimously voted for a ban on alcohol which would start immediately and run through April 17th. The Tourism Council of Gulf Shores assisted
the City in notifying visitors of the ban and in November voted unanimously to ban alcohol on
any beach, anywhere in Gulf Shores from March 1st through April 17th. Mr. Major said he will
not turn his back on the men in blue. Ms. Livingston thanked the residents and visitors who
attended the meeting giving their feedback and recommendations. Ms. Doyle stated she does
not like Tybee Island being compared to other communities as Tybee Island is quirky and
residents love their community. She stated she loves and respects Tybee Island Police
Department and has confidence that they will protect our community to the best of their ability
and does not support the proposed ordinance. She believes in the residents, in the community,
businesses and all the citizens on Tybee. Wanda Doyle made a motion to deny Ordinance
2017-3A, Alcohol Consumption on the second reading. Barry Brown seconded. Discussion: Mayor Buelterman asked there be a budget amendment on the next agenda for the
upcoming event in April. It is his desire that this event does not happen at Tybee Island. Ms.
Livingston agrees and added businesses on the Island are struggling as a result of Hurricane Matthew and it is not in their best interest to ban alcohol. Those voting in favor of motion to
deny were Julie Livingston, Monty Parks, Wanda Doyle and Barry Brown. Those voting against
the motion to deny were John Major and Bill Garbett. Motion to deny passed 4-2.
Council, Officials and City Attorney Considerations and Comments Bubba Hughes gave an update on North Beach Grill Lease and Updates. No Action.
Continuing Negotiations.
Barry Brown expressed concerns regarding the placement of hand dryers in Memorial Park
Bathrooms and FEMA restrictions. Ms. Schleicher stated it is her desire not to violate an ADA
regulation with the placement of hand dryers. She also does not want to jeopardize the Community Rating. Discussion only. No action.
Barry Brown thanked Ms. Schleicher for her work with Marsh Hen Trail. Discussion only.
No Action. Wanda Doyle stated it was her desire to extend complimentary parking after 5:00PM
through the month of February but has found out Parking Services has already reset the
parking meters. She will bring back for discussion at a later date. No Action. To be discussed in 2018.
Julie Livingston made a motion to adjourn to Executive Session to discuss litigation, real estate and personnel. Monty Parks seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote
was unanimous, 6-0.
Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous,
6-0.
Meeting adjourned at 9:45PM
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Special City Council Minutes February 10, 2017
Mayor Buelterman called the Special City Council Meeting to order at 3:30PM, Friday,
February 10, 2017. Those attending were Monty Parks, John Major and Wanda Doyle. Jan
LeViner, Clerk, was also in attendance. John Major made a motion to adjourn to Executive Session to discuss personnel. Monty
Parks seconded. Vote was unanimous, 3-0.
Monty Parks made a motion to return to regular session. John Major seconded. Vote was
unanimous, 3-0.
John Major made a motion to adjourn. Monty Parks seconded. Vote was unanimous, 3-0.
Meeting adjourned
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Special City Council Minutes February 13, 2017
Mayor Buelterman called the Special City Council Meeting to order at 4:30PM, Monday,
February 13, 2017. Those attending were Monty Parks, John Major and Wanda Doyle. Jan
LeViner, Clerk was also in attendance. Monty Parks made a motion to adjourn to Executive Session to discuss personnel. John
Major seconded. Vote was unanimous, 3-0.
Monty Parks made a motion to return to regular session. Wanda Doyle seconded. Vote was
unanimous, 3-0.
Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 3-
0.
Meeting adjourned
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Special City Council Minutes February 15, 2017
Mayor Buelterman called the Special City Council Meeting to order at 6:00PM, Wednesday,
February 15, 2017. Those attending were Monty Parks, John Major and Wanda Doyle. Jan
LeViner, Clerk, was also in attendance. John Major made a motion to adjourn to Executive Session to discuss personnel. Monty
Parks seconded. Vote was unanimous, 3-0.
Monty Parks made a motion to return to regular session. John Major seconded. Vote was
unanimous, 3-0.
John Major made a motion to adjourn. Monty Parks seconded. Vote was unanimous, 3-0.
Meeting adjourned
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Special City Council Minutes February 20, 2017
Mayor Buelterman called the Special City Council Meeting to order at 6:00PM, Monday,
February 20, 2017. Those attending were Monty Parks, John Major and Wanda Doyle.
Monty Parks made a motion to adjourn to Executive Session to discuss personnel. John
Major seconded. Vote was unanimous, 3-0.
Monty Parks made a motion to return to regular session. John Major seconded. Vote was
unanimous, 3-0.
Monty Parks made a motion to adjourn. John Major seconded. Vote was unanimous, 3-0.
Meeting adjourned at 6:55PM
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MASTER PLAN IMPLEMENTATION COMMITTEE
APPLICATION
Thank you for your interest in serving on the Master Plan Implementation Committee of
the City of Tybee Island.
The Master Plan Implementation Committee is charged with ensuring that the City’s
Master Plan is a vital resource in directing the City’s future. Its mission is to review the
current Master Plan of the City and Carrying Capacity Report, recommend strategies for
implementation of these reports and report quarterly to the City on their
implementation.
The Master Plan Implementation Committee will include 7 to 15 members. Meeting
frequency and times will be decided at an initial organizational meeting once the
membership is determined.
To apply for the Master Plan Implementation Committee opening, complete the
attached form and submit it with your resume to the Clerk of Council.
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MASTER PLAN IMPLEMENTATION COMMITTEE MEMBER
APPLICATE QUESTIONS
1. Why do you want to be a member of the Tybee Island Master Plan
Implementation Committee?
As a citizen of Tybee Island for the past 21 years and I believe that one of the duties of
all citizens is to be involved somehow in the local government and contribute as they
can. Since I plan to remain a citizen for the next 21 years (hopefully), I would like to
continue the involvement that I had with the comprehensive planning process during
the past year and help guide the development of a master plan and the growth of
Tybee Island in the future. The future growth of Tybee Island should take into
consideration both the needs of the residents for a peaceful home in which to live and
the needs of the island visitors and businesses to make them successful.
2. What do you believe to be the most important aspect of the role of the Master
Plan Implementation Committee?
To provide a vital link between the citizens of Tybee Island and the City Government to
ensure that the voices of all citizens are heard and considered in planning for the future
of the City and Island that we all call home.
Signature: ___________________________
Date:_______February 13, 2017_______
Address:______PO Box 515, 1212 5th Ave, Tybee Island Ga 31328___
Telephone: ______912-786-8004____________________
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Anna H Butler
1212 5th Ave PO Box 515 Tybee Island, GA 31328 Day Phone: 912-652-5515 Cell Phone: 912-667-2788 Home Phone: 912-786-8004 Email: a.h.butler1527@att.net
Work Experience: United States Army Corps of Engineers 100 West Oglethorpe Ave Savannah, GA 31402
2/1995 - Present Title: Geologist
Geologist, technical manager for environmental investigations and
remediation projects. Duties include managing and executing a variety of environmental, geotechnical, HTRW and MMRP projects. Summarize complex details of site investigations and related
environmental laws and regulations for groups and agencies with limited project knowledge. Develop presentations in the areas of geotechnical, environmental, chemical engineering, and hydrogeology. Attend
meetings with State and Federal regulators as needed. Assist with planning and managing project schedules and budgets; identify areas of priorities for Project teams and monitor adherence to overall schedule and cost.
Provide detailed cost estimates, independent government estimates and scopes of work for contracting.. Assist project managers with negotiations, provide technical analyses of contractor proposals. Assist with interpretation of various agencies
technical policies, procedures, and regulations for customers, and provide advice, resolution of issues and recommendations for solutions to engineering problems.
__________________________________________________________________________________________________________________ Blues Harbor Inc Underground Atlanta Peachtree Street
Atlanta, GA 30303 02/1990 - 09/1994 General Manager
Directed and oversaw operational activities, including quality control
and customer relations. Supervised up to 30 employees. Prepared work schedules, established production goals, resource needs, organizational
structure, and cost control measures. Assigned responsibilities, and
priorities. Developed and implemented advertising and marketing strategies. Evaluated
business proposals based on projected revenues vs. cost estimates. Successfully
maintained day-to-day activities through leadership, supervision, and employee
participation in maintenance and compliance with regulations.
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______________________________________________________________________________________________ Georgia Institute of Technology North Avenue Atlanta, GA 30332 United States 01/1988 - 03/1990 Teaching Assistant
Assisted major professor (Dr. Charles Weaver) with research in clay minerals laboratory, research included using x-ray diffraction and
scanning election microscopic techniques for mineral identification. Instructor for various undergraduate level geology laboratory courses. Major area of study was geochemistry/hydrology/environmental sciences.
Master’s Thesis: "Radon 222, Radium 226, and Uranium 238 and Major Ionic Concentrations in the Ground Water of the Georgia Piedmont:
Their Relationship with Geology and Each Other." ______________________________________________________________________________________________ Gearhart Industries Fort Worth, TX 76101 United States
01/1977 - 03/1987 Senior Field Engineer
Planned, directed and conducted geophysical investigations for
subsurface geological exploration related to discovery and identification of petroleum hydrocarbons. Evaluated geophysical properties derived from remote sensing data such
as electrical, magnetic, seismic, and radiation emitting instruments for use in the evaluation of geologic properties for engineering purposes for
the production of oil/gas for commercial purposes. Used proprietary software for data analyses and to assimilate and interpret technical data. Supervised and trained crew for operation, safety, and compliance on use, transportation and storage of explosives and radioactive sources. Ensured health and safety compliance, served as safety officer in Liberal Kansas office. Mar 1984 to Nov 1985 worked as Engineering Instructor in corporate training facility located in Fort Worth, TX. Provided training and development for newly recruited engineers, foreign and domestic. ______________________________________________________________________________________________ Western Control
Golden, CO 80401 United States 09/1976 - 11/1976 Survey Crew
Marked boundaries and property lines for wild life refuge, developed skills in
note taking, operation of transit, alidade, and distance meter. _____________________________________________________________________________________________ Education: Georgia Institute of Technology Atlanta, GA Master's Degree 09/1990 Major: Geophysical Sciences Minor: Hydrology Major area of study was geochemistry/hydrology/environmental sciences
Master’s Thesis: "Radon 222, Radium 226, and Uranium 238 and Major Ionic Concentrations in the Ground Water of the Georgia Piedmont: Their Relationship with
Geology and Each Other." Presented findings to Health Physics Society in Anaheim, CA in June, 1990...
University of Georgia Athens, GA Bachelor's Degree 06/1976
Major: Geology Minor: Journalism ______________________________________________________________________________________________
Professional Registration: Registered Professional Geologist with the State of GA. since 1996. Lic. No. 1227.
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Code Review Update
City Council
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Overview
Making good progress:
Council formed the Code Review Group April 14th
We’ve met regularly since then with updates June 9th and August 11th
We are 53% complete, having reviewed 186 of the total 348 pages
Working with counsel to review changes and make recommendations
We met with counsel September 9th – Charter and first 2 Chapters
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Progress to Date
Ap
r
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Ma
y
Jun Jul Aug Sep Oct No
v
Dec
Group formed
Charter and Chapters 1, 2 – 53 pages
Chapter 2 – 6 pages and Council update
Council update
Reviewed work with Counsel
Chapters 14, 23, 34 – 25 pages
Chapters 34, 42 – 27 pages
Chapters 6, 18 – 26 pages
Chapters 12, 26, 46 – 49 pages and Council update
Participants to date:
Diane Schleicher
Jan LeViner
George Shaw
John Major
Alan Robertson
Bob Bryson
Ashley Fields
Jimmy Brown
Janice Elliott
Bill Garbett
Wanda Doyle
Bubba Hughes 20170223AmendedPacket2Page 25 of 20920170222/jrl
Excerpt from Matrix of Changes
Section ID Current Issue Recommendation Attorney comments
Sec 6-1(a) "establishments and bars" Not defined Terms not defined throughout this section.
Recommend add definitions.
Sec 6-1(b) definitions and only for consumption on premises Not defined and should include provision for carry out in accordance with Sec 6-8 Add definitions and clarify carry out provisions
Sec 6-1(b)(5) "Intent of this section" Not needed given 50% rule in 6-1(b)(3) Delete
Sec 6-2 "B-girl drinking" Outdated Delete
Sec 6-3 Gambling, prostitution, pimping
prohibited Covered by State Law Delete
Sec 6-4 "fine not to exceed $100 Outdated and very low, not likely a deterent Recommend "not exceeding $1,000
Sec 6-7 Notice of employee termination Not enforced and common practice is employees at
multiple employers Delete
Sec 6-8(a) metal can or non-glass and 25.4 fluid
ounces Simplify "from a non-glass container with capacity of 18
fluid ounces or less
6-8(e) definitions and checking ID for all sales
terms not defined and ID not consistently checked.
why is this Section included? Does it reflect a State
statute?
Define terms and clarify intent of provision.
Sec 6-11 Formatting Change in format within the Section Change numbers to letters
Sec 6-11(f) sanitary regquirements there are no sanitary requirements established Leave in case future use
Sec 6-11(g) musical instruments licensed and registered Delete 20170223AmendedPacket2Page 26 of 20920170222/jrl
Excerpt from Minutes 20170223AmendedPacket2Page 27 of 20920170222/jrl
Remaining Work 20170223AmendedPacket2Page 28 of 20920170222/jrl
Overview
Making good progress:
We’ve completed 168 pages in 9 meetings, averaging just more than 18 pages
At this pace, we expect to complete our review in about 9 more meetings
Meeting approximately every other week and having 2 more reviews with
counsel of 4 weeks apiece, we fully expect to make our Dec 31st goal. 20170223AmendedPacket2Page 29 of 20920170222/jrl
20170223AmendedPacket2 Page 30 of 209 20170222/jrl
City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda.
Council Meeting Date for Request: 2.23.17
Item: Arts Center Audio and Lighting – ITB 2017-693 – Michael Gaster & Associates Bid - $27,016.55
Budget Line Item Number (if applicable): 322.6110.54.2100 – 2014 SPLOST – Cultural and Recreation
Paper Work: ___X__ Attached*
* Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
20170223AmendedPacket2 Page 31 of 209 20170222/jrl
Pay Item No. Item Description Unit Quantity Unit Price Total Cost
150‐1000 Traffic Control LS Lump 1,000.00$ 1,000.00$
210‐0100 Grading Complete LS Lump 20,000.00$ 20,000.00$
310‐5060 Gr Aggr Base Crs, 6 In, Incl Matl SY 2428 17.00$ 41,276.00$
318‐3000 Aggr Surf Crs TN 1290 30.00$ 38,700.00$
402‐3103 Recycled Asph Conc 9.5 mm Superpave, Type II, Gp 2 Only, Incl Bitum Matl & H Lime TN 265 71.00$ 18,815.00$
402‐3190 Recycled Asph Conc 19 mm Superpave, Gp 1 or 2, Incl Bitum Matl & H Lime TN 265 72.00$ 19,080.00$
413‐0750 Tack Coat GL 85 2.00$ 170.00$
441‐0106 Conc Sidewalk, 6 In SY 917 48.00$ 44,016.00$
500‐3101 Class A Concrete CY 45 668.00$ 30,060.00$
Concrete Vehicle Stop EA 237 73.00$ 17,301.00$
Bike Rack EA 4 300.00$ 1,200.00$
231,618.00$
Pay Item No. Item Description Unit Quantity Unit Price Total Cost
611‐5551 Hwy Signs, TP 1 Mat'l, Refl Sheeting, TP 11 SF 30 19.00$ 570.00$
636‐1041 Galv Steel Post, TP 7 LF 96 10.00$ 960.00$
653‐0110 Thermoplastic Pvmt, Arrow, TP 1 EA 10 80.00$ 800.00$
636‐1045 Thermoplastic Pvmt, Arrow, TP 2 EA 4 80.00$ 320.00$
653‐0120 Thermoplastic Solid Traffic Stripe, 5 in, White LF 500 3.00$ 1,500.00$
Thermoplastic Pvmt Marking, Word, Exit EA 1 155.00$ 155.00$
653‐1504 Thermoplastic Solid Traffic Stripe, 12 in, White LF 102 3.00$ 306.00$
4,611.00$
Pay Item No. Item Description Unit Quantity Unit Price Total Cost
163‐0300 Construction Exit EA 1 1,300.00$ 1,300.00$
165‐0010 Maintenance of Temporary Silt Fence ‐ TP A LF 1000 1.00$ 1,000.00$
165‐0101 Maintenance of Construction Exit EA 1 520.00$ 520.00$
171‐0010 Temporary Silt Fence, Type A LF 2000 3.00$ 6,000.00$
8,820.00$
245,049.00$
49,009.80$
294,058.80$
Last update 11/06/2016
Total, Roadway Items
Total, Signing and Marking Items
Exhibit B
City of Tybee North Beach Parking Lot
ROADWAY ITEMS
Cost Estimate
Total, Erosion Control Items
Base Project Cost
20% Project Contingency
Total Estimated Final Project Cost
SIGNING & MARKING ITEMS
EROSION CONTROL ITEMS
City of Tybee North Beach Parking Lot
Exhibit B
Cost Estimate
Page 120170223AmendedPacket2Page 32 of 209 20170222/jrl
MAYOR Jason Buelterman
CITY COUNCIL Wanda Doyle, Mayor Pro Tem Barry Brown
Bill Garbett Julie Livingston
John Major Monty Parks
CITY MANAGER Diane Schleicher
CITY CLERK Janet LeViner
CITY ATTORNEY Edward M. Hughes
ITB #2017-693
CITY OF TYBEE ISLAND
TYBEE ISLAND, GEORGIA
IS ISSUING THIS INVITATION TO BID FOR THE FOLLOWING DESCRIBED HEREIN:
AUDIO AND LIGHTING SYSTEM FOR THEATER
The City of Tybee is requesting bids to outfit the Tybee Arts theater building with professional
grade audio and lighting system components.
BIDS ARE TO BE RETURNED NO LATER THAN: FEBRUARY 15, 2017 AT 10:00AM BIDS WILL BE OPENED AT THAT TIME - ALL RESPONDENTS ARE INVITED TO ATTEND.
A MANDATORY PRE-PROPOSAL MEETING WILL BE HELD FEBRUARY 6th at 10:00AM AT THE TYBEE ARTS ASSOC BUILDING, 7 CEDARWOOD AVE TYBEE ISLAND at which time potential bidders will be able to review the theater facility
The City is seeking a total bid package for service/materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications
become and remain a part of this request for bid All responses, inquiries, or correspondence relating to, or in reference to, this request for bids, and all
reports, charts, displays, schedules, exhibits and other documentation by the bidders shall become the property of the City when received. The City retains the right to use any or all ideas presented in any bid to the invitation to bid, whether amended or not. Selection or rejection of the bid does not affect this right.
Mail bid to: BID NUMBER 2017-693 Audio/Lighting System MELISSA FREEMAN
403 BUTLER AVE
PO BOX 2749
TYBEE ISLAND, GA. 31328 Inquiries or other need for clarification in this document should be submitted no later than
February 10, 2017.
Questions to: Diane Schleicher 912-472-5070 Email: dschleicher@cityoftybee.org
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METHOD OF AWARD: Contracts shall be awarded to the lowest, responsive, and responsible bidder.
Bidders must respond completely by filling in all applicable blanks. Bids are subject to the terms and
conditions of this invitation to bid.
Signature of bidder indicates that bidder understands and will comply with attached terms and conditions
and all other specifications made a part of this invitation for bid and any subsequent award or contract. All terms, conditions and representations made in this invitation will become an integral part of the contract.
Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse
the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids.
WAIVER: The City of Tybee Island reserves the right to reject any or all bids received. The City reserves
the right to waive any variances from original bid specifications in cases where the variances are considered to be in the best interest of the City.
CONE OF SILENCE: Lobbying of Procurement Evaluation Committee members, City
employees, and elected officials regarding this product or service solicitation, Invitation to Bid
(ITB) or Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those
people employed by any legal entity affiliated with an organization that is responding to the
solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions may cause your proposal to be rejected.
Specifications and Bid Requirements
LIGHTING SYSTEM To Include:
• DMX512 Programmable Intelligent Lighting Controller
• 8ea Color Mixing LED Ellipsoidal Light Fixtures
• Additional Fixture Hanging Positions
• Assortment of Necessary Power and Control Cable
• Assortment of Interchangeable Fixture Lenses
• Design/Planning/Engineering Services
• Installation of all Equipment
• Warranty
AUDIO SYSTEM
To Include:
• 16x6 Computer Controlled Audio Processor
• Rack Mounted Computer
• 4 Channel 500watt Energy Star Rated Amplifier
• 2ea Compact High Quality 8” Loud Speakers
• Compact 10” Subwoofer
• Combo Wireless Microphone System
• Metal Equipment Rack and Assorted Hardware
• Surge Protection, Power Distribution, Rack Illumination
• Remote Control Panel (for Art Studio)
• Remote Source Input (for Art Studio)
• High Quality Ceiling Speakers (for Art Studio)
20170223AmendedPacket2 Page 34 of 209 20170222/jrl
" D e s i g n / P l a n n i n g / E n g i n e e r i n g S e r v i c e s
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L i m i t a t i o n s
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c o s t s i n c u r r e d i n t h e p r e p a r a t i o n f o r a r e s p o n s e t o t h i s I T B .
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n e g o t i a t i o n s a n d t o s u b m i t a d d i t i o n a l t e c h n i c a l i n f o r m a t i o n o r o t h e r r e v i s i o n s t o
t h e i r b i d a s m a y r e s u l t f r o m t h e n e g o t i a t i o n s .
C . T h e C i t y r e s e r v e s t h e r i g h t t o r e j e c t a n y o r a l l b i d s , t o w a i v e i n f o r m a l i t i e s , t o
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f o r t h e C i t y .
C i t y o f T y b e e I s l a n d
T E R M S A N D C O N D I T I O N S
D E F I N I T I O N S . A s u s e d h e r e i n , t h e f o l l o w i n g t e r m s s h a l l h a v e t h e m e a n i n g s s e t f o r t h b e l o w , w h e t h e r o r n o t c a p i t a l i z e d .
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( b ) B u y e r m e a n s T h e C i t y o f T y b e e I s l a n d .
( c ) S e l l e r o r V e n d o r m e a n s t h e p a r t y f u r n i s h i n g t h e s u p p l i e s u n d e r t h i s o r d e r .
( d ) S u p p l i e s m e a n s w h a t t h e S e l l e r f u r n i s h e s t h e B u y e r u n d e r t h i s o r d e r a n d i n c l u d e s w i t h l i m i t a t i o n , t h e f o l l o w i n g ; ( 1 ) t h e w o r k ; m a t e r i a l s ; a r t i c l e s ; d e l i v e r a b l e i t e m s , i t e m s , d a t a
a n d s e r v i c e s , w h e t h e r t a n g i b l e o r i n t a n g i b l e o r a n y c o m b i n a t i o n t h e r e o f ; a n d ( 2 ) w h a t i s
l e a s e d o r l i c e n s e d , p u r s u a n t t o t h e l e a s e ( s ) o r l i c e n s e ( s ) s i g n e d b y b o t h t h e B u y e r a n d t h e
l e s s o r o r l i c e n s o r i f a t t a c h e d t o a n d m a d e a p a r t o f t h i s o r d e r .
( e ) L o s s m e a n s a n y o r a l l t h e f o l l o w i n g : c l a i m s , l i a b i l i t i e s , d a m a g e s , l o s s e s , c o s t s , o r e x p e n s e s ( i n c l u d i n g r e a s o n a b l e a t t o r n e y s f e e s a n d e x p e n s e s a n d o t h e r l e g a l c o s t s ) .
A C C E P T A N C E . T h i s o r d e r c o n s t i t u t e s a n o f f e r w h i c h s h a l l b e c o m e a b i n d i n g c o n t r a c t u p o n t h e
t e r m s a n d c o n d i t i o n s h e r e i n s e t f o r t h u p o n a c c e p t a n c e b y S e l l e r e i t h e r b y a c k n o w l e d g e m e n t o f t h i s
o r d e r o r c o m m e n c e m e n t o f p e r f o r m a n c e . B u y e r o b j e c t s t o a n y d i f f e r e n c e , c o n f l i c t i n g o r a d d i t i o n a l t e r m s p r o p o s e d b y S e l l e r i n t h e a c c e p t a n c e o f t h i s o r d e r , a n d n o s u c h t e r m s s h a l l b e e f f e c t i v e
2 0 1 7 0 2 2 3 A m e n d e d P a c k e t 2 P a g e 3 5 o f 2 0 9 2 0 1 7 0 2 2 2 / j r l
unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall
be deemed to be only upon the terms and conditions contained in this order, except by such written
instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that
may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer’s act of accepting or paying for any shipment, or similar act by Buyer.
PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order
are comparable to or better than those offered to any other customer of Seller for items which are
the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more
favorable terms, more favorable warranties, or more favorable benefits up to one year after
completion of this order.
DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make
material commitments or production arrangements in excess of the amount or in advance of the
time necessary to meet Buyer’s delivery schedule. It is Seller’s responsibility to comply with this
schedule, but not to anticipate Buyer’s requirements. In addition to any other rights or remedies,
Buyer may cancel all or any part of this order for Seller’s failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay
in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite
delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting
damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the
items have been received and accepted by Buyer. Advance and excess shipments may at Buyer’s option be rejected and returned to Seller at Seller’s expense.
TRANSPORTATION. Except as otherwise provided on the face of this order, transportation
charges on Supplies shall be f.o.b. destination, at Seller’s sole cost and expense. Risk of loss from
any casualty to supplies ordered hereunder, regardless of cause, shall be Seller’s responsibility until goods have been delivered to Buyer’s designated delivery post. No insurance or premium
transportation costs beyond the price listed in this order will be allowed unless authorized by
Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may, in addition
to any other rights that Buyer may have under this order, require delivery by fastest way, and
charges resulting from the premium transportation must be fully prepaid and absorbed by Seller.
WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly
conform to the applicable specifications (including without limitation information or functional
performance, material content, size, appearance, response time, etc.), shall be free from all defects
and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This
warranty shall survive inspection, delivery and payments shall run to Buyer, its successors, assigns
and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify,
defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent, harmless
from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be
promptly reimbursed for all expenses incurred in the handling, inspection and return of defective
items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any
time prior to acceptance to be defective in material or workmanship, or otherwise not in
conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the
nonconformity at Seller’s expense, or (2) reject and return such supplies or other deliverable items
20170223AmendedPacket2 Page 36 of 209 20170222/jrl
at Seller’s expense, such supplies or other deliverable items not to be replaced without suitable
written authorization from Buyer.
CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an
increase or decrease in the costs of or the time required for performance, Seller shall immediately
notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from
the date of the written request for the change. No additional charge or change in the specifications,
packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing.
TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax
under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased
by the city for installation by the seller under this contract are the responsibility of the contractor.
ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by
Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign
any monies due or to become due to him hereunder, provided that such assignment shall not be
binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing.
SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order,
including completed or substantially completed items or major components thereof, without
Buyer’s written consent. Nothing in this order shall be seen as prohibiting Seller’s purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are
typically purchased by Seller in the normal course of business.
TERMINATION. Buyer may terminate or suspend performance under this order in whole or in
part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid
incurring any additional costs under this order. Buyer’s sole liability to Seller shall be for items
completed and delivered to Buyer in accordance with this order and for Seller’s reasonable costs to
the date of termination, such costs being solely attributable to this order and not being recoverable
from other sources.
INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees,
and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for
injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by
or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order; (3) any Loss caused by or resulting from the supplies purchased
under this order, (4) any intended use of products or materials provided by Seller; (5) any defective
products or materials provided by Seller, including without limitation the use or disposal of
hazardous and/or toxic materials, such materials to include at minimum all materials recognized by
the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller’s work hereunder involves operations by Seller’s agents,
subcontractors, suppliers or employees on Buyer’s premises or any place where Buyer conducts
operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or
damage to persons or property during the progress of such work. Further, Seller shall indemnify,
defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller’s agents, subcontractors, suppliers or employees and Seller
shall maintain public liability, property damage and employee’s liability and compensation
20170223AmendedPacket2 Page 37 of 209 20170222/jrl
insurance sufficient to protect Buyer from any claims under any applicable law, statute, or
regulation.
MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under
this order shall not constitute a waiver of such rights or any other rights.
ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their
agreement and also as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding.
INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or
otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be
affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law.
DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a
drug free workplace for his employees in accordance with the laws of the State of Georgia.
SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis
for this order shall include the plans and specifications and bid documents as attached hereto,
together with any other documents so listed and enumerated, if any, and it is expressly understood
that any special conditions listed and attached hereto are specifically made a part of this contract.
APPLICABLE LAW. The provisions and performance of this purchase order shall be governed
by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all
actions relating to this purchase order only in the state and federal courts located within Chatham
County in the State of Georgia.
APPROPRIATION. Notwithstanding, any other provision hereof , this agreement shall terminate
at the end of each calendar year without liability or obligation on the part of the city in any
calendar year where the City has not appropriated funds for the obligations hereunder for the next
calendar year.
PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of a
contract may protest to the Purchasing Agent. The protest shall be made to the purchasing office
having responsibility for initiating the solicitation. The protest must be submitted in writing within
7 calendar days after knowledge of the facts and occurrences giving rise to the protest. The protest
shall: include the name and address of the protestant; include the solicitation number, contain a statement of the grounds for protest; and specify the ruling requested from the purchasing office.
Awards will be held at bay until the protests are resolved.
PAYMENT The bidder shall specify terms of payment.
INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming the City of Tybee Island as also insured, a 30 day cancellation notice, indicating the following minimum coverage:
Comprehensive General Liability $2,000,000.00
Automobile Public Liability $2,000,000.00
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Workman’s Compensation Insurance equal to the statutory requirements.
TAXES The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will
be provided with the invoice at the time of payment, if requested.
DELIVERY: F.O.B. DESTINATION 403 Butler Ave, Tybee Island, Georgia 31328 unless otherwise
stated.
TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of
violations by the successful bidder of any term or condition of the contract by giving thirty (30) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time
to remedy the deficiency.
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BID SHEET CITY OF TYBEE ISLAND AUDIO & LIGHTING SYSTEM 2017-693
Vendor Name ______________________________________ Equipment/Hardware Details:
Audio System Cost: $________________
Lighting System Cost: $_________________
Design/Planning/Engineering $_________________ Installation Cost: $________________
Length of Warranty __________________
TOTAL COST:
$_________________
Signature_____________________________________ Bid Expiration Date_________________
City of Tybee Island has established goals to increase participation of minority and female owned businesses.
In order to accurately document participation, businesses submitting proposals or proposals are strongly
encouraged to report ownership status. A minority/ woman business is defined as a business with 51% or greater minority of women ownership or general management. Please check ownership status as applicable: African-American\Black___ Asian American___ Hispanic___ Native American___Alaskan Indian_____
Female_____
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City of Tybee Island, PO Box 2749, Tybee Island, GA 31328 912-786-4573 | (fax) 912-786-9465 What products/services do you provide to the City of Tybee Island:
_________________________________________________________________________
_________________________________________________________________________ To whom shall we direct the Purchase Order?
Sales Contact:______________________Email:__________________________________
Phone#______________________________ Fax#________________________________
Location: _________________________________________________________________
To whom shall we direct Payment?
A/R Contact: _______________________ Email:_________________________________
Phone#_____________________________ Fax#________________________________
Remittance Address:________________________________________________________ Our terms are Net 30.
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Affidavit Verifying Status
for City Public Benefit Application
By executing this affidavit under oath, as an applicant for a City of Tybee Island, Georgia, Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract, or other public benefit as referenced in O.C.G.A.
Section 50-36-1, I am stating the following with respect to my application of a City of Tybee Island:
Business License or Occupational Tax Certificate,
Alcohol License,
Taxi Permit,
Contract
Other public benefit _____________________________________________________________
for _______________________________________________________ (printed name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity).
1) ______ I am a United States citizen.
OR
2) ______ I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-
immigrant under the Federal Immigration and Nationality Act, 18 years of age or older and lawfully present in the United States. *
In making the above representation under oath, I understand that any person who knowingly and willfully makes a
false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia.
___________________________________________
Signature of Applicant
___________________________________________ Date
___________________________________________
Printed Name
___________________________________________ * Alien Registration Number for Non-citizens
SUBSCRIBED AND SWORN BEFORE ME ON THIS
THE ______ DAY OF ___________________, 20 _____
Notary Public __________________________________
My Commission Expires: _________________________
Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration and Nationality Act, Title 8 U.S.C.,
as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens
that do not have an alien registration number may supply another identifying number below:
(circle all that apply)
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City Council Agenda Item Request
Council Meeting Date for Request: February 23, 2017
Item: To obtain the City Council’s approval of the $1,361,000 GEFA Loan for a water main replacement
project.
Explanation: The Georgia Envirnomental Finance Authority (“GEFA”) has award the City $1,361,000 20
year loan to replace water mains and all related appurtenances. The interest rate on the loan is .89%. The
closing cost for the loan is $13,610. The purpose of this agenda item is to obtain the City Council’s
approval of the GEFA Loan of $1,361,000.
Budget: The project is currently budgeted in the Water & Sewer Fund’s Infrastruture line item, 505.44
10.54.1499.
Paper Work: X___ Attached* Already Distributed
Submitted by: Fire Department
February 21, 2017 Date given to Clerk of Council
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City Council Agenda Item Request
Council Meeting Date for Request: February 23, 2017
Item: To obtain the City Council’s approval of the $720,000 GEFA Loan for a water and sewer project.
Explanation: The Georgia Envirnomental Finance Authority (“GEFA”) has award the City $720,000 20
year loan to replace the ultraviolet (UV) disinfection system at the wastewater treatment plant and all
related appurtenances. The interest rate on the loan is .89%. The closing cost for the loan is $7,200. The
purpose of this agenda item is to obtain the City Council’s approval of the GEFA Loan of $720,000.
Budget: The project is currently budgeted in the Water & Sewer Fund’s Infrastruture line item,
505.4310.54.1499.
Paper Work: X___ Attached* Already Distributed
Submitted by: Fire Department
February 21, 2017 Date given to Clerk of Council
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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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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
Wanda Doyle
Bill Garbett
Julie Livingston
John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Diane Schleicher
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Agenda Item Requests 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: 2/23/17
Category: Consideration: Ordinances, Resolutions
Item: Resolution to designate November 4, 2017 as the festival day for the Georgia Homegrown
Music Festival and to designate a control zone during the event.
Organization: N/A
Explanation: Details are attached with this agenda request.
Budget Line Item Number (if applicable):
Supporting Documentation: 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, Development Authority / Main Street Executive Director
Phone / Email: 912-844-9771 / cmorton@cityoftybee.org
Date given to Clerk of Council 2/16/17
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A RESOLUTION TO DESIGNATE NOVEMBER 4, 2017
AS THE FESTIVAL DAY FOR THE GEORGIA HOMEGROWN MUSIC FESTIVAL
AND TO DESIGNATE A CONTROL ZONE FOR NOVEMBER 4, 2017
WHEREAS, the City of Tybee Island (“City”) is a duly organized municipality within the State of
Georgia; and
WHEREAS, the Festival Ordinance of 2015 provides that, on the recommendation of the City
Manager, the Mayor and Council may designate and name certain community festival days and during
such days authorize the regulatory provisions of the ordinance within the Festival Area; and
WHEREAS, the Festival Ordinance of 2015 provides that upon recommendation of the City
Manager, the Mayor and Council may designate one or more Control Zones within the Festival Area and
may authorize the City Manager to implement regulations and controls which will be specific for each
designated Control Zone and the Mayor and Council may designate and authorize an organization to
organize and manage festival activities within the Control Zone; and
WHEREAS, the Festival Ordinance of 2015 provides that upon the recommendation of the City
Manager, the Mayor and Council may prohibit persons from entering the Control Zone(s) such items
which may be dangerous, disruptive, or inconvenient in crowded conditions and prohibit entry by
persons appearing to be intoxicated; and
WHEREAS, the City Manager has recommended designation of the Georgia Homegrown Music
Festival and the designation of a festival Control Zone.
NOW, THEREFORE, BE IT RESOLVED that November 4, 2017 is designated as the Festival Day for
Georgia Homegrown Music Festival and that the hosting organization, National Movement Alliance, is
designated and authorized to organize and manage festival activities within the Control Zone during the
approved event hours of 11:00am until 10:00pm.
BE IT FURTHER RESOLVED that the Control Zone is designated as the Festival Control Zone and
that the City Manager is authorized to implement regulations and controls for the Festival Control Zone
which shall consist of the area depicted in yellow on the diagram attached hereto, including Tybrisa
Street east of Butler Avenue, and generally consists of the area from the north entrance to the Walter
Parker Pier and Pavilion to Izlar Avenue along Strand Avenue. The fee for patrons wishing to consume
alcohol within the designated Control Zone, shall pay a fee of $5.00 for a wristband to wear as
authorized by the ordinance. The proceeds from the sale of wristbands for patrons wishing to consume
alcohol shall be divided between the City and the National Movement Alliance, with the City receiving
10% and the National Movement Alliance receiving 90%, of which 10% will be donated directly by the
hosting organization to the Tybee Island YMCA.*
* 10% will go to the City of Tybee and 10% will go to the Tybee Island YMCA, if the partnership between TI
YMCA and National Movement Alliance (GEM) comes to fruition, and if the GEM program is operational by
April 10, 2017. In the event that the partnership does not come to fruition by April 1, 2017, then 20% would
go the City of Tybee to cover City costs.
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Items to be prohibited from being taken into the Control Zone shall be identified on a list signed
by the City Manager and the duly authorized representative of National Movement Alliance.
The Special Event Application for the event is attached hereto. Any further details of regulations
or restrictions shall be signed by the National Movement Alliance, and the city manager, and maintained
in records as directed by the city manager.
IT IS SO RESOLVED, this the _23___ day of _February________, 2017.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Jan LeViner, Clerk of Council
Tybee/Resolutions/2017/GA Homegrown Music Festival
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ADDENDUM
The City of Tybee Island will provide wristbands, which are leftover from a previous event, to the
National Movement Alliance for their exclusive use at the November 4, 2017 event. The National
Movement Alliance is responsible for providing the city with a certified report of the number of
wristbands sold, returning unused wristbands, and reimbursing the city for the agreed upon percentage
within in seven (7) calendar days following the event.
PROHIBITED ITEMS
The following items which have a “check mark” are to be prohibited in the Control Zone and the
enforcement of the prohibition shall be by the National Movement Alliance or its agents or
representatives:
1. Unlawful weapons ___X______
2. Beverage coolers __________
3. Pets, excluding pets of residents who live within the Control Zone __________
4. Exotic animals ___X______
5. Skates __________
6. Bicycles __________
7. Fireworks, sparklers, bang snaps (snap and pops), smoke balls/
smoke bombs, black powder/explosives ___X______
8. Other: __________
CITY OF TYBEE ISLAND NATIONAL MOVEMENT ALLIANCE
By: ___________________ By: ___________________
Printed name Printed name
By: ___________________ By:
Signature Signature
Attest: ___________________ Attest: ________________________
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EXTRACT OF MINUTES
RESOLUTION OF GOVERNING BODY
Recipient: CITY OF TYBEE ISLAND
Loan Number: DW2016045
At a duly called meeting of the governing body of the Borrower identified above
(the ‘Borrower”) held on the ________day of _____________________, the following
resolution was introduced and adopted.
WHEREAS, the governing body of the Borrower has determined to borrow but
not to exceed $1,361,000 from the DRINKING WATER STATE REVOLVING LOAN FUND,
ADMINISTERED BY GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (the “Lender”)
to finance a portion of the costs of acquiring, constructing, and installing the
environmental facilities described in Exhibit A to the hereinafter defined Loan
Agreement (the “Project”), pursuant to the terms of a Loan Agreement (the “Loan
Agreement) between the Borrower and the Lender, the form of which has been
presented to this meeting; and
WHEREAS, the Borrower’s obligation to repay the loan made pursuant to the
Loan Agreement will be evidenced by a Promissory Note (the “Note”) of the Borrower,
the form of which has been presented in this meeting;
NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower that
the terms of the Loan Agreement and the Note (including interest rate provisions,
which shall be as provided in the Note) are in the best interests of the Borrower for
the financing of the Project, and the governing body of the Borrower designates and
authorizes the following persons to execute and deliver, and to attest, respectively,
the Loan Agreement, the Note, and any related documents necessary to the
consummation of the transactions contemplated by the Loan Agreement.
_____________________________ _______________________________
(Signature of Person to Execute Documents) (Print Title)
____________________________________ _______________________________________
(Signature of Person to Attest Documents) (Print Title)
The undersigned further certifies that the above resolution has not been repealed or
amended and remains in full force and effect.
Dated:_______________________________ ________________________________________
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EXTRACT OF MINUTES
RESOLUTION OF GOVERNING BODY
Recipient: CITY OF TYBEE ISLAND
Loan Number: CW2016043
At a duly called meeting of the governing body of the Borrower identified above
(the ‘Borrower”) held on the ________day of _____________________, the following
resolution was introduced and adopted.
WHEREAS, the governing body of the Borrower has determined to borrow but
not to exceed $720,000 from the CLEAN WATER STATE REVOLVING FUND,
ADMINISTERED BY GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (the “Lender”)
to finance a portion of the costs of acquiring, constructing, and installing the
environmental facilities described in Exhibit A to the hereinafter defined Loan
Agreement (the “Project”), pursuant to the terms of a Loan Agreement (the “Loan
Agreement) between the Borrower and the Lender, the form of which has been
presented to this meeting; and
WHEREAS, the Borrower’s obligation to repay the loan made pursuant to the
Loan Agreement will be evidenced by a Promissory Note (the “Note”) of the Borrower,
the form of which has been presented in this meeting;
NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower that
the terms of the Loan Agreement and the Note (including interest rate provisions,
which shall be as provided in the Note) are in the best interests of the Borrower for
the financing of the Project, and the governing body of the Borrower designates and
authorizes the following persons to execute and deliver, and to attest, respectively,
the Loan Agreement, the Note, and any related documents necessary to the
consummation of the transactions contemplated by the Loan Agreement.
_____________________________ _______________________________
(Signature of Person to Execute Documents) (Print Title)
____________________________________ _______________________________________
(Signature of Person to Attest Documents) (Print Title)
The undersigned further certifies that the above resolution has not been repealed or
amended and remains in full force and effect.
Dated:_______________________________ ________________________________________
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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: 2.23.17
Item: North Beach Parking Lot Conceptual Plan for Review and Discussion
Explanation:
Budget Line Item Number (if applicable): N/A Paper Work: __X___ Attached*
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
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Tybee North Beach Parking Lot
Proposed Design and Lighting Details
RS&H has developed a conceptual design (Exhibit A) for improvements to the North Beach Parking Lot
adjacent to the Tybee Marine Science Center. The design proposes asphalt paving along the driveways
and an upgraded gravel surface in the parking areas. Angled parking spaces are proposed throughout this
area, with vehicles travelling in a single, counter‐clockwise direction through the lot. To maximize
available parking, additional spaces are proposed along either side of the existing entrance driveway from
Meddin Drive. A total of 239 parking spaces are proposed in the entire parking area, including ten (10)
handicap spaces (two existing at the new showers and restrooms). An additional five (5) bus parking
spaces are proposed along Meddin Drive. The existing centrally‐located tree well and palm trees will be
preserved, as well as palm trees lining the entrance driveway.
A ten foot walkway is proposed along the eastern/ocean side of the parking lot, and a five foot sidewalk
is proposed along the western side of the parking lot. A raised pedestrian crossing/speed table is proposed
to connect the existing beach walkways to North Beach Grill and new restrooms and showers. Bike racks
are proposed at three (3) locations.
Cost Estimate
The cost estimate to reflect these proposed designs is included as Exhibit B.
Lighting
At the request of the City of Tybee, RS&H has assessed the existing lighting at the North Beach Parking Lot
to identify eco‐friendly lighting suitable for this area. The existing lighting is not acceptable for sea turtle
nesting areas: it is not shielded from the beach and therefore delivers some illumination into sea turtle
habitats where there should be none.
Upon examination of similar coastal areas with sea turtle habitats, the following measures should be taken
so that lighting in parking areas does not interfere with sea turtle nesting:
Lighting should be downcast or shielded so that the light and reflective surfaces of fixtures are
not visible from the beach.
Ground level barriers may be used to shield lighting from the beach so that the bulk of their
illumination travels away from the beach.
Use bulbs such as low sodium bulbs that do not produce as much glow, or red or amber colored
lights
Lighting Recommendations
With the above considerations, one of the following treatments are recommended for Tybee’s North
Beach Parking area:
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Bollard‐style, low mounted lighting with downward‐directed louvers or shade similar to
what is shown below, installed along sidewalks adjacent to parking.
Downward facing, pole‐mounted fixtures similar to what is shown below or that which has
been used in other locations on Tybee, such as the main parking lots along Strand Avenue.
Shields and/or louvers should be installed for fixtures in line of beach.
Next Steps
To identify and design appropriate lighting fixtures and locations for the North Beach Parking Lot, a
qualified lighting designer must be consulted. If requested, RS&H will recommend a lighting designer to
produce conceptual and design plans for lighting in this area as part of the construction plans package.
Upon approval of the conceptual layout, RS&H will develop construction plans for the North Beach Parking
Lot. Pending selection of design elements, additional services may be required to incorporate requested
elements such as lighting.
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N/F WILLIAM C. FLEETWOOD
B L O C K 9
LIMEWOOD DRIVE 25' R/W
WRENWOOD DRIVE 60' R/W
C I T Y O F T Y B E E I S L A N D
4
3
2
6
B L O C K 8
5
4
UP
SEASIDE COLONY S/D - PHASE 2
MEDDI
N DRI
VE40' UNNAMED R/W1 B L O C K 1118.35' UNNAMED R/W17
16GULICK STREET15
WRENWOOD
DRIVE
60
' R
/W
14
28
D.N.R. = DEPARTMENT OF NATURAL RESOURCES
M.P. = METER POLE
W.M. = WATER METER
S.L. = SPEED LIMIT SIGN
PARKING TICKET STATION
D.N.R.. FLAG WITH POINT NUMBER
POWER POLE
LIGHT POLE
H.P. = HANDICAPPED PARKING SIGN
P.T.P. = PAY TO PARK SIGN
C.M.F. = CONCRETE MONUMENT FOUND
R.B.F. = RE-BAR FOUND
STOP = STOP SIGN
TYP. = TYPICAL
MEDD
IN
DR
IVE
BUS PARKING
6 BUS PARKING SPACES
(2 EXISTING ADA SPACES)
239 TOTAL SPACES, INCLUDING 10 ADA
SPACE COUNTS:
TOE OF DUNE
D.N.R. LANDWARD
D.N.R. LANDWARD TOE OF DUNE
D
.N
.R. SHORE
PROTECTION
LINE
BLOCKS
PARKING BUMPER
BLOCKS
PARKING BUMPER
GRILL
NORTH BEACH
DECK
TYBEE MUSEUM
STATIONLIFTTYBEE ISLAND SHRINE CLUB
CONTAINER
METAL STORAGE
BLOCKS (TYP)
PARKING BUMPER
CONC. PAD
EXIST.
EXIST. TREES
REMOVE AND RELOCATE
WV W
WV
WV
WV
WV
WV8.6545ZSIDEWALK®
30 120
SCALE IN FEET
0 60
EXHIBIT A
MARINE SCIENCE CENTER
FUTURE TYBEE ISLAND
CONSTRUCTED WITH
IN THIS AREA TO BE
IMPROVEMENTS CONTAINEDFUTURE MARI
NE SCI
ENCE CENTER SI
TE44'
OCTOBER 7, 2016
CONCEPTUAL DESIGN
NORTH BEACH PARKING LOT
TYBEE ISLAND
ENTRANCE DRIVE
TO REMAIN ALONG
EXISTING TREES
BIKE RACK
PROPOSED
6
7
76
5' SIDEWALK
3 3
BIKE RACK
PROPOSED
10' SIDEWALK10' SIDEWALK
9
25
25
7
11
17
11
19
21
40
4 1
2
BIKE RACK
PROPOSED
5' SIDEWALK
RELOCATE TREES
REMOVE AND
RELOCATE TREES
REMOVE AND
EXIST. ASPH. TO REMAININ WELL TO REMAIN
EXISTING TREES
BLOCKS (TYP)
PARKING BUMPER
RELOCATE TREE
REMOVE AND
BLOCKS (TYP)
PARKING BUMPER
BLOCKS (TYP)
PARKING BUMPER
TO REMAIN
EXISTING TREES 12'18'12'
12'
ASPH.
EDGE OF
ASPH.
EDGE OF
7
8
1
2'
1
8'
1
2'
1
8'
1
2'
1
8'
ADA SPACES
2 EXIST.5' AGGREGATE WALKWAY5' AGGREGATE WALKWAY20170223AmendedPacket2Page 204 of 20920170222/jrl
TO: Mayor Jason Buelterman and members of Tybee Island City Council
FROM: Fight Dirty Tybee
DATE: February 2017
SUBJECT: Tybee Beach Ambassadors Pilot Project
BACKGROUND
Tybee’s beach is highly populated during the peak tourist season. Disregard for beach
rules is common because many visitors don’t take time to read posted signs, and
because police beach patrol is sparse. When visitors are ticketed for violations (often
without a warning), they are angry and leave with an unfavorable impression of Tybee. In
addition, overflowing trash and recycling bins are unsightly and encourage littering,
which reinforces negative impressions and endangers wildlife.
An increased presence of friendly and knowledgeable “Beach Ambassadors” who
welcome visitors and also actively manage litter, trash and recycling at peak times, will
help educate tourists, encourage voluntary compliance with beach rules, and leave
visitors with an impression that Tybee cares for and respects its natural resources.
RECOMMENDATION
The City of Tybee should invest in, develop, and support a Beach Ambassadors Pilot
Project for the 2017 season. This pilot project would be the first step in implementing one
of the Community Short Term Work Program projects in Tybee’s recent Master Plan
update:
Project Description Year
Begin
Year End Responsible Party Cost Est./Source
Provide education for
visitors on the fragile
ecosystem and
appropriate actions
and activities
2017 Ongoing City/Tourism Council $25,000/Gen.
Fund/DNR
Proposed details follow:
Purpose
Educate beach visitors, encourage voluntary compliance with beach rules, assist with
recycling and trash management, and assist visitors with information as needed.
Ambassador Duties
1. Provide friendly education on beach rules to encourage voluntary compliance
2. Inform visitors about local issues, events, weather, and answer questions
3. Pick up litter
4. Call police to report non-compliance issues
5. Call DPW to report trash issues (overflow, large items)
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6. Decontaminate recycling bins
7. Fill holes and knock down sandcastles at dusk
Pilot Project Constraints
1. Limited area of beach: 14th to 18th
2. Limited days/times: Friday through Sunday, afternoon/evening shifts
3. Limited number of Ambassadors: minimum of 4 people (2 per shift, north and
south of pier)
4. Limited weeks
Training
Ambassadors should receive formal training on the following topics. Suggested trainers
in parentheses.
1. Beach rules/ordinances (TIPD, City Manager, Beach Task Force, DNR)
2. How to interact with the public, flash points, conflict resolution (TIPD, Human
Resources, someone from community)
3. When and how to call police or lifeguards, make reports,etc. (TIPD, DPW, Ocean
Rescue, City Manager)
4. Beach ecology, sea turtles and other wildlife (TIMSC, TI Sea Turtle Project,
Beach Task Force, DNR)
5. Trash and recycling issues (DPW, TCBV)
6. General Tybee info; fielding questions about Tybee, Savannah, etc. (Tourism
Council)
Staffing, Scheduling, and Pay
Four Ambassadors, two north and and two south of Pier, should be employed for each
shift.
Friday
afternoon
3 hours
Friday
evening
3 hours
Saturday
afternoon
3 hours
Saturday
evening
3 hours
Sunday
afternoon
3 hours
Sunday
evening
3 hours
N. Pier
(2)
S. Pier
(2)
72 hours/week @ $11/hour = $792/week
For 2016-17 Budget Adjustment
If start on Memorial Day weekend: May 26 - June 30 (6 weeks) = $4752 + supplies
If start early March - June 30 (18 weeks) = $14,256 + supplies
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Reporting
Ideally, during the pilot phase, the City Manager would manage the Ambassadors since
their duties require coordination between several departments. TIPD or Ocean Rescue
would be other possibilities.
Equipment/Supplies
1. Radio (alternatively, cell phone?)
2. Buckets/grabbers, gloves
3. Rakes/tools for filling holes/sandcastle removal
4. T-shirt/uniform
5. Copies of beach rules
6. Paper litter bags (remove plastic bags at crossovers; could be printed with beach
rules)
Assessment/Measures of Success
1. Decrease in number of dogs, glass, and littering tickets
2. Decline in complaints about dirty beach. More compliments about clean beach.
3. Less litter picked up by TCBV
4. Less contaminated recycling bins
Questions/Issues
Have other towns have done this?
Pensacola, FL
http://www.pnj.com/story/news/local/pensacola/beaches/2015/06/14/pensacola-b
each-ambassadors-leave-footprints/71216350/
Program put into place before they had a "no tents on the beach" ordinance; the
program discontinued after an ordinance was adopted.
We talked to Monie Russo; she was a Beach Ambassador for 2 years; did 5 hour
shifts over 10 miles of beach using an ATV. Her advice/comments:
1) Do it.
2) Never had any flack; never felt threatened; all in the approach; just be
nice and don’t threaten
3) Suggested other duties: report overflowing trash cans, fill holes and knock
down sand castles
4) Talk frequently about the wind, how you need to secure items, trash kills
5) Have t-shirts with Beach Ambassador on the front; maybe lightweight
backpacks to carry materials
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Cocoa Beach, FL
http://www.cityofcocoabeach.com/470/Beach-Rangers
http://spacecoastdaily.com/2016/09/cocoa-beach-police-chief-scott-rosenfeld-rec
ognizes-hard-working-beach-rangers/
We spoke with Sgt. Jeff Taylor who co-ordinates this program. The Cocoa Beach
Rangers are part-time civilian city employees who are managed by the police
department. They do not carry weapons or (currently) issue citations. They have
been very successful and are very useful to the police department.
Couldn’t this be “volunteer-based”?
This is part of beach management; it is a basic City responsibility and
demonstrates that City is serious about “education” as noted in Master Plan
Update.
Need incentive (pay) to attract and maintain qualified applicants; background
checks should be required
Need to be able to manage staffing, have reliable City contact and back up
Shouldn’t they be Police Officers?
The Beach Ambassadors have a different purpose than the Police Department;
they will be trained to contact TIPD when necessary.
Parking encounters are potentially more hostile. Parking Operations staff are not
police officers. The Cocoa Beach Rangers (who work under the Police
Department) are civilians; they have not had issues.
Decontaminating trash bins is dangerous. There are workmans’ comp issues.
Providing grabbers, gloves, and training will address this issue.
Tybee Clean Beach Volunteers have never had a problem with safety.
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