HomeMy Public PortalAbout20170309AmendedPacket.pdfTable of Contents
000_000_20170309AmendedAgenda....................................................................................................................................................................................... 1050_010_20170223Minutes....................................................................................................................................................................................... 3050_011_Coe Review Update....................................................................................................................................................................................... 8050_020_20170227SpecialCity Council Meeting....................................................................................................................................................................................... 15050_030_20170301SpecialCityCouncilMeeting....................................................................................................................................................................................... 16060_010_Stoller....................................................................................................................................................................................... 17100_010_20170309-PRIVATE PARKING LOTS-2017....................................................................................................................................................................................... 19 CC-Agenda Request Form....................................................................................................................................................................................... 19 Private Parking Lots-PP style....................................................................................................................................................................................... 20100_020_20170309CC-AGENDA REQUEST-SEC 3-090 HEIGHT....................................................................................................................................................................................... 30 CC-Agenda Request Form-text amend-3-090....................................................................................................................................................................................... 30 20170213_PC_MINUTES....................................................................................................................................................................................... 31 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 31 Demery Bishop Diane Schleicher....................................................................................................................................................................................... 31 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 31 20170213-PC PACKET....................................................................................................................................................................................... 33110_010_2017 Tybee Wine Festival....................................................................................................................................................................................... 44120_010_Agenda Request - WWTP UV Disinfection System Upgrade Project Bid....................................................................................................................................................................................... 50120_011_ UV Disinfection System Upgrade - Abstract of Bids....................................................................................................................................................................................... 51120_012_ UV Disinfection System Upgrade Recommendationf....................................................................................................................................................................................... 52120_013_ UV Disinfection System - Publishers Affidavit - Invitation to Bid....................................................................................................................................................................................... 53120_020_Agenda Request - BRW Construction Group, LLC – Change Order #1 – Deduction of $17, 547....................................................................................................................................................................................... 55120_021_Water Line Project - Change Order #1....................................................................................................................................................................................... 56120_030_Agenda Request - Water and Sewer Rate increase based of 2.5%....................................................................................................................................................................................... 57120_031_Water and Sewer Rates - Proposed 2.5% increase....................................................................................................................................................................................... 58120_032_ Cost of Living Increase Data from the Department of Labor....................................................................................................................................................................................... 59120_040_ Agenda Request - Garbage and Recycling 2.5% Rate Increase....................................................................................................................................................................................... 60120_041_Garbage Recycle Rate Schedule 2.5% Rate Increase....................................................................................................................................................................................... 61120_050_Agenda Request - Fire Protection Subscription Fee Increase based on CPI....................................................................................................................................................................................... 62120_060_Agenda Request - T-Mobile 2nd Amendment....................................................................................................................................................................................... 63120_061_ T- Mobile - 2nd Amendment with exhibits....................................................................................................................................................................................... 64 SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT....................................................................................................................................................................................... 64
Recitals....................................................................................................................................................................................... 64120_062_DOC030217-03022017162626....................................................................................................................................................................................... 72120_070_Agenda Request of Out of State Training For FD and HR Mar 2017....................................................................................................................................................................................... 75130_010_STR ordinance revision....................................................................................................................................................................................... 83130_020_Special Events ord. revised 3-3-17{1718952.1} (3)....................................................................................................................................................................................... 84130_021_Special Events Ordinance clean{1718962.1} (2)....................................................................................................................................................................................... 108130_030_3-9-17CCAR_GA HOMEGROWN MUSIC FEST RESOLUTION....................................................................................................................................................................................... 132 Agenda Request for CC 3-9-17....................................................................................................................................................................................... 132 CCAR_GA HOMEGROWN MUSIC FEST RESOLUTION RESOLUTION for 11 2017....................................................................................................................................................................................... 133 CCAR_GA HOMEGROWN MUSIC FEST RESOLUTION CCAR_GA HOMEGROWN MUSIC FEST RESOLUTION Agenda Request for CC2-23-17 RESOLUTION for 11 2017 map for festival area with control zone area noted....................................................................................................................................................................................... 136 GA Homegrown Music Festival SEA_approved....................................................................................................................................................................................... 137160_010_20170116DAMSBODminutes....................................................................................................................................................................................... 149
AMENDED AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
March 9, 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 Invocation: June Johnson, Vicar, All Saints Episcopal Church
3 Pledge of Allegiance
IV. Recognitions and Proclamations
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 City Council Meeting, February 23, 2017
2 Special City Council Meeting, February 27, 2017
3 Special City Council Meeting, March 1, 2017
VI. Consideration of Boards, Commissions and Committee Appointments
1 Lynda Stoller, Master Plan Implementation Committee (7 remaining seats)
VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Carolyn Jurick, Tybee Island Maritime Academy, Use of Tybee Island YMCA
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
1 Private Parking Lot
i. 215 Lovell Avenue, PIN 4-0004-09-008A; R-2; Marianne Bramble, petitioner
ii. 1001 Butler Avenue; PIN 4-0006-14-013; Zone R-2; Renee Bridges, petitioner
iii. 214 Second avenue; PIN 4-40004-09-007; Zone R-2; Joyce Prescott, petitioner
iv. 203 14th Street; PIN 4-0007-18-001; Zone R-2; Jack Rosenberg, petitioner
v. 1511 Butler Avenue; PIN 4-0008-07-005; Zone C-1/SE; Agnes Yao, petitioner
vi. 1401 Strand; PIN 4-0008-02-016; Zone C-1/SE; Brett Loehr, petitioner
2 Text Amendment, First Reading, 2017-01-B, Sec 3-090, Schedule of Development Regulations
to address height limitations
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Alcohol License Request: Special Event – Beer and Wine – Tybee Wine Festival, Tybee Post
Theater, 10 Van Horne, Friday, May 5, 2017
XII. Consideration of Bids, Contracts, Agreements and Expenditures
1 WWTP UV Disinfection System Upgrade Project - Recommendation to accept the bid from J.S.
Haren Company of Athens, TN for the for the base bid amount of $547,000.
2 Water Line Improvement Project – BRW Construction Group, LLC – Change Order #1 –
Deduction of $17, 547 – Original contract amount was $1,156,705.30. New contract amount
will be $1,139,158.30
3 Proposed Water and Sewer Rate Increase Based on the CPI – U of 2.5%
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4 Proposed Garbage and Recycling Rate Increase of 2.5%. This proposed rate includes
complementary recycling (no fee) only to senior households that qualify for senior exemption.
The fiscal impact is $222.48/month for 36 households. In addition, this proposed rate still
includes the reduced rate of $5.97/household for Stephens Day residents for side door service
for one garbage cart and one recycling cart per household, the fiscal impact is $2,820/month
5 Proposal: Raise the Annual Fire Protection Subscription in Unincorporated Tybee Island from
$103.02 to 105.60 years to reflect the 2.5% percent increased CPI-U index per Code Section
26-41 (a)
6 Proposed 2nd Amendment to the T-Mobile Lease on the water tank located at 111 Butler Avenue
7 Approval from the City Council to allow the Finance Director and HR Division Director to travel
out of town to Denver, CO to attend the GFOA Annual Conference, May 21 – 24, 2017 and Pre-
Conference May 19 – 20, 2017.
XIII. Consideration of Ordinances, Resolutions
1 Second Reading, 06-2017, Short Term Vacation Rental
2 Second Reading, 04-A 2017, Article III, Special Events
3 Resolution, Georgia Homegrown Music Festival
XIV. Council, Officials and City Attorney Considerations and Comments
1 Jason Buelterman, Resolution, Sunday Sales
2 Monty Parks, Beach Ambassadors
3 Barry Brown, Refund to the MSC for HVAC
XV. City Manager’s Report
XVI. Minutes of Boards and Committees
1 Development Authority/Main Street BOD Minutes, January 16, 2017
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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City Council Minutes, 20170223
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on February 23, 2017. Those present were Julie Livingston, Monty Parks, John Major, Barry Brown and Bill Garbett. Also
attending were Diane Schleicher, City Manager; Dana Braun, Ellis, Painter, Ratterree & Adams;
and Janet LeViner, Clerk of Council. Councilmember Doyle and Mr. Hughes were excused.
Mayor Buelterman listed the following items on the consent agenda:
• City Council Meeting Minutes, February 9, 2017
• Special City Council Meeting, February 10, 2017
• Special City Council Meeting, February 13, 2017
• Special City Council Meeting, February 15, 2017
• Special City Council Meeting, February 20, 2017
• Master Plan Implementation Committee
o Dr. Gary Dennis
o Anna Butler
• Extension Agreement, Erik Olsen, Coastal Engineer. Discussion: Approval contingent
upon same rate and conditions as existing contract.
• Arts Center Audio and Lighting – ITB 2017-693 – Michael Gaster & Associates Bid - $27,016.55
• City Council’s approval of the $1,361,000 GEFA Loan for a water main replacement
project
• City Council’s approval of the $720,000 GEFA Loan for water and sewer project
• Resolution, GEFA Loan for water main replacement project
• Resolution, GEFA Loan for water and sewer project
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
• Posting of the Colors: Tybee Island Youth Council
• Pledge of Allegiance: Treasure Loman, Tybee Island Youth Council
• Invocation: JaNiya Bowers, Advisor, Tybee Island Youth Council
Mayor Buelterman asked Matt Harrell, Tybee Island Fire Department to come forward for recognition as Employee of the Quarter. Mayor Buelterman thanked Mr. Harrell for his
dedication to the City.
Mayor Buelterman asked Chantel Morton, Development Authority/Main Street, to come
forward for recognition as Employee of the Quarter. Mayor Buelterman thanked Ms. Morton
for her work with the Development Authority/Main Street Program.
Tybee Island Youth Council members approached Mayor and Council to give an update on
their activities:
• John Balthrop, President, reported on general activities for the year to date
• Ryan Abbuhl, Vice President, reported on trip to Atlanta for Savannah/Chatham Day
20170309AmendedPacket Page 3 of 150 20170306/jrl
" P a y t o n K i n k e l , L i a i s o n t o M a y o r a n d C o u n c i l , r e p o r t e d o n u p c o m i n g t r i p t o M a c o n / B i b b f o r Y o u t h L e a d e r s h i p D a y
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" S a m L e C a t e s , P r e s e n t a t i o n o f E n f o r c e a b l e O r d i n a n c e . M r . L e C a t e s p r e s e n t e d h i s o r d i n a n c e r e g a r d i n g b i k e s a f e t y . H e i s i n t e r e s t e d i n a d d i n g l i n e s b y t h e s i d e o f t h e r o a d
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a s s i s t w i t h c o m p l i a n c e . M a y o r a n d C o u n c i l a s k e d s e v e r a l q u e s t i o n s r e g a r d i n g h i s
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o r d i n a n c e r e g a r d i n g f e e d i n g t h e b i r d s o n t h e b e a c h t o i n c l u d e l i t t e r i n g . T h i s w o u l d b e
e n f o r c e a b l e w i t h s i g n a g e , v o l u n t e e r s a n d b e a c h p a t r o l s . M s . T h o m a s c o n t i n u e d a s t h i s
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B u e l t e r m a n t h a n k e d M s . T h o m a s a n d s t a t e d t h i s i s a c o n c e r n o f M a y o r a n d C o u n c i l a s w e l l . H e a s k e d M s . T h o m a s i f s h e h a s i d e a s o n h o w t o h a v e b e a c h g o e r s a d h e r e t o
e x i s t i n g s i g n a g e t o p l e a s e b r i n g i t a t a f u t u r e m e e t i n g .
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a n d a d d i t i o n a l e q u i p m e n t . H e w i l l b r i n g a c o s t e s t i m a t e p r i o r t o t h e b u d g e t c y c l e f o r
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M s . B a l t h r o p f o r h e r c o m m e n t s .
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p a r t i c i p a t i o n i n t h e m e e t i n g .
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s t a t e d i n m a n y c i r c u m s t a n c e s t h e C i t y h a s m o v e d f o r w a r d b u t h a s n o t g o n e b a c k t o r e v i e w t h e
C o d e . H e t h e n t h a n k e d M s . S c h l e i c h e r f o r h e r s e r v i c e t o t h e C i t y a n d t o t h e C o m m i t t e e . M a y o r B u e l t e r m a n t h a n k e d M r . R o b e r t s o n a n d t h e C o m m i t t e e f o r t h e i r h a r d w o r k a n d
d e d i c a t i o n t o t h e p r o j e c t .
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A m b a s s a d o r P r o g r a m . M r . A r n o l d r e c o m m e n d e d t h e B e a c h A m b a s s a d o r s b e C i t y e m p l o y e e s a s
w h e n t h e y a r e t r a i n e d y o u w i l l g e t a c o n s i s t e n t r e s p o n s e w i t h a n o n - c o n f r o n t a t i o n a l a p p r o a c h .
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p r o g r a m , t h e n n o t f u n d f o r t h e l o n g t e r m . M r . A r n o l d a s k e d M a y o r a n d C o u n c i l t o a p p r o v e t h e
p r o p o s e d P r o g r a m . M a y o r B u e l t e r m a n t h a n k e d M r . A r n o l d . H e t h e n a s k e d M s . S c h l e i c h e r w h a t e n t i t y i s r e s p o n s i b l e f o r s a l a r i e s a t t h e V i s i t o r C e n t e r . M s . S c h l e i c h e r r e s p o n d e d t h e T o u r i s m
C o u n c i l w h i c h i s f u n d e d w i t h a d v e r t i s i n g . A d i s c u s s i o n e n s u e d r e g a r d i n g t h e P r o g r a m a n d t h e
b e n e f i t s t o t h e C i t y . M r . P a r k s c o n c u r r e d a s i t w i l l a l s o p r o v i d e a n e n t r y l e v e l f o r e m p l o y m e n t
w i t h t h e C i t y . M s . L i v i n g s t o n s t a t e d t h e P r o g r a m i s c u r r e n t l y i n t h e d o w n t o w n S a v a n n a h a r e a
a n d s e e m s t o b e s u c c e s s f u l . H e w i l l w o r k w i t h t h e C i t y o f S a v a n n a h o n f u n d i n g c r i t e r i a a n d
w i t h M s . S c h l e i c h e r o n j o b d e s c r i p t i o n s . M r . P a r k s w i l l a d d t o t h e M a r c h 2 3 , 2 0 1 7 C i t y C o u n c i l
A g e n d a . M a y o r B u e l t e r m a n t h a n k e d M r . A r n o l d f o r h i s i n t e r e s t i n t h e p r o p o s e d p r o j e c t .
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Julie Livingston made a motion to approve the consent agenda. Barry Brown seconded.
Vote was unanimous, 5-0.
First Reading, 06-2017, Sec 34-262, Short Term Vacation Rental. Mayor Buelterman asked Ms. Schleicher to explain the difference between what is currently in place and what is
proposed. Ms. Schleicher stated regarding registration, if the registration is not submitted by
January 1st, the owner is in violation. With the proposed ordinance, registration would still be
required by January 1st of each year but the property owner would have a 90 day grace period
as with the Occupational Tax. The work flow would be easier as it would mirror the
Occupational Tax process. Mr. Major asked if he was a business owner and managed a number
of properties, each year he would have one business license but each of the units require an
individual registration. Mayor Buelterman stated the issue of trash pickup was never resolved
therefore a decision regarding an increase was not addressed. Ms. Schleicher responded she
had a meeting with Ben Walsh, Atlantic Trash, and he feels he now has the proper staff in place
for a separate contract with the short term rentals. There was a discussion regarding the recycling of glass as other municipalities are now doing it. Ms. Schleicher will reach out to Mr.
Walsh and ask he respond to Mayor and Council via email. She then discussed the $25
registration/administration fee. Ms. Schleicher recommended that each time a short time rental is “flipped” or sold, there needs to be an updated registration form and administration fee.
Mayor Buelterman confirmed a telephone needs to be installed with each unit for 911
capabilities. Ms. Schleicher stated the telephone number is required on the registration form.
Monty Parks made a motion to approve. John Major seconded. Vote was unanimous, 5-0. First Reading, 04-2017, Article III, Special Events. Mr. Major asked for clarification of
the Festival Zone and Control Zone, are they the same? Ms. Schleicher responded the Festival
Zone is actually the location of the event and the Control Zone is around the Festival Zone where open containers and alcohol consumption is controlled with a wrist band. Mr. Braun
added the Control Zone is not included in the Special Events Ordinance. Ms. Schleicher stated
two years ago Mayor and Council amended the Special Events Ordinance to allow for Control Zone/Festival Zone and the ordinance before them is addressing pop-up events. Mayor pro tem
Brown recalled previous discussions where Pirates Fest attempted to have the Control Zone to
include the beach area and Mayor and Council did not agree. Mayor pro tem Brown stated
there was a color coded map designated the Control Zone/Festival Zone for previous events. Ms. Schleicher agreed and stated the Georgia Homegrown Music Festival has included a color
coded map with the application designating the Control Zone/Festival Zone. Ms. Livingston
asked if there is a definition for Control Zone. Ms. Schleicher stated there does not seem to be
a clear definition included in the ordinance. Mayor Buelterman asked for clarification as to
which ordinance was for first reading as there seems to be two included in the packet. Mr.
Braun stated there are changes to the Special Event Ordinance and it deals with Mayor and
Council to set rules on Special Events as they come to your attention. The second version is to approve a special event for the Georgia Homegrown Music Festival. Mr. Major shared his
concerns as there is not a clear definition of Control Zone. Mr. Braun stated there could be a
special event permit without a Control Zone. Mayor and Council confirmed. Mayor Buelterman
confirmed with Mr. Braun the ordinance before them is giving the City more authority to deal
with pop-events. Mr. Braun confirmed and explained there are two provisions: (1) one is
holding an unofficial event the producer or promoter is responsible; and (2) provision regarding
Mayor and Council learning about of events taking place and want to place further restrictions to the event, i.e., has the authority to do so. Mayor Buelterman confirmed. Ms. Schleicher
clarified with the Georgia Homegrown Music Festival, by Resolution, Mayor and Council are
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specifying where the activities will be held. Ms. Livingston recommended that a definition of
Control Zone be added to the proposed ordinance. Mr. Braun will add and bring back at second
reading. Mayor Buelterman stated he supports the proposed ordinance as it gives Mayor and
Council and Staff more power with public safety. Mr. Braun reminded Mayor and Council that
the Manager has the authority to place reasonable requirements on events in regards to time, place, or manner in which an event is held as outlined in the proposed ordinance. John Major
made a motion to approve the Amendment to include a clear definition of Control Zone for
second reading. Julie Livingston seconded. Vote was unanimous, 5-0.
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. Mayor
Buelterman asked Ms. Schleicher if the adjacent business owners have been notified on the
south-end. Ms. Schleicher confirmed it has been completed. Ms. Schleicher recommended
delaying the approval of this Resolution until second reading of 4-2017 is approved as there will
be a definition of Control Zone. Mr. Major pointed out there is reference to Festival Areas in
this request and asked if this is the same as Festival Zones. Ms. Schleicher did not know but recommended Festival Areas should be changed to Festival Zones for conformity. Mr. Major
concurred as there needs to be consistency. Barry Brown made a motion to approve
contingent upon clarification of Control Zone. John Major seconded. Discussion: Mr. Parks
stated this would not come back before Mayor and Council. Ms. Schleicher confirmed. There
was a discussion regarding the length of the event in the future as well as the Control
Zone/Festival Zone. Ms. Schleicher stated she is not in favor of wristbands and it could be a
deterrent. Mayor Buelterman asked if the residents in the south-end have been notified of the proposed event. There was no response. Mayor Buelterman expressed his concerns that the
residents might not be aware of the proposed event and feels as a courtesy they should be
notified. Ms. Schleicher stated if the approval of the Resolution is delayed it will not affect the
promotors with advertising the event as Mayor and Council had concerns. Mayor Buelterman
asked Mayor pro tem Brown to withdraw his motion. Ms. Schleicher confirmed the event has
been approved previously and what is before Mayor and Council is the approval of using Control
Zone/Festive Zone and wristbands. Mayor pro tem Brown withdrew his motion to approve. Mr. Major withdrew his second. Recommendation is to contact adjacent business owners and
residents to make them aware of the proposed event and to include a definition of Control
Zone/Festival Zone. Mr. Parks asked Ms. Schleicher if this event would affect access to the
crosswalks. Ms. Schleicher stated no as it is an event open to the public. The promotor is
asking to add wristbands which would help defray the cost of the event.
Council, Officials and City Attorney Considerations and Comments
Ms. Schleicher stated this is the North Beach Parking Lot Conceptual Plan so to maximize parking as well as making it more pedestrian friendly. It is her desire to have in the
upcoming budget cycle. The approximate cost is $294,000 and includes paving improvements
but no lighting. Ms. Schleicher recommended concentrating on the sidewalk plan which is the least expensive project and the second project would be the south-end pedestrian improvement
project which would include the parking lot. Mayor pro tem Brown stated the road to the
North Beach Parking Lot will need to meet Georgia Department of Transportation (GaDOT)
specifications which will be 8” thick with a base of 6”. Ms. Schleicher stated the estimate for
this project was received prior to the regrading of the parking lot due to Hurricane Matthew
hence the cost may be lower. Mr. Parks shared his concerns with the “cut-through” area at the
North Beach Parking lot. Ms. Schleicher discussed her conversations with the proprietor of
North Beach Grill regarding the concrete driveways. Mayor Buelterman stated this will be
included in the FY2019 budget. Ms. Schleicher confirmed.
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Mayor pro tem Brown recommended Lifting noise ordinance for weekends temporary construction work due to Hurricane Matthew. Currently the ordinance states construction
cannot begin prior to 10:00AM and he would recommend construction could start at 8:00AM for
90 days. Mr. Parks recommended 60 days and then revisit. Ms. Schleicher stated that under an emergency, Mayor and Council have the ability to temporally suspend an ordinance. Mr.
Braun recommended the language would include “not for new construction but for repairs
resulting from Hurricane Matthew”. Mayor pro tem Brown made a motion to lift the noise
ordinance on Saturdays and Sundays, same hours as on week days, on a temporary basis for
90 days for construction only for hurricane related repairs. John Major seconded. Discussion: Mr. Parks asked it only be for permitted repairs. Mayor pro tem Brown
accepted Mr. Parks recommended. Mr. Major seconded the amendment to the motion. Vote was unanimous, 5-0.
Mayor pro tem Brown discussed the second egress in set-back on new construction.
He recommended Mayor and Council reconsider and let the secondary set of steps be set inside the set-back, front yard or back yard. Mayor Buelterman clarified that this would be a new
ordinance and asked Ms. Schleicher for her recommendation. Ms. Schleicher confirmed this
would be sent to the Planning Commission for their recommendations and brought back to Mayor and Council. Ms. Schleicher recommended the second steps of stairs be limited to the
front or rear and not the sides. This would allow public safety vehicles a secondary access to
the property. Mayor pro tem Brown made a motion to send to Planning Commission so they
can re-evaluate the second egress not to exceed 4’ in depth, rear yard only. John Major
seconded. Vote was unanimous, 5-0.
Monty Parks stated noise levels are addressed in two separate noise ordinances. In Article III,
Sec 22-29(12), Nuisance, “any sounds including music emanating from businesses through
open doors and window” is redundant and recommends Mayor and Council remove (12) of Sec
22-29 and modify so the City is relying on the Noise Ordinance for compliance. In this way the
music can be free. Mr. Parks asked Mr. Braun to amend and to bring back to a future City Council meeting.
Monty Parks, Beach Ambassadors, will bring recommendations to Mayor and Council to
include job descriptions, salary requirement, and uniforms etc. at the next City Council Meeting.
Julie Livingston made a motion to adjourn to Executive Session to discuss litigation and
personnel. John Major seconded. Vote was unanimous, 5-0. Julie Livingston made a motion to return to regular session. Monty Parks seconded. Vote
was unanimous, 5-0.
Julie Livingston made a motion to adjourn. Monty Parks seconded. Vote was unanimous,
5-0.
Meeting adjourned at 9:45PM
____________________________
Janet LeViner, Clerk
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Special City Council Minutes February 27, 2017
Wanda Doyle called the Special City Council Meeting to order at 1:00PM, Monday, February
27, 2017. Those attending were Julie Livingston, Monty Parks, John Major, Barry Brown and Bill
Garbett. Monty Parks made a motion to adjourn to Executive Session to discuss personnel. John
Major seconded. Vote was unanimous, 3-0.
Bill Garbett made a motion to return to regular session. Monty Parks seconded. Vote was
unanimous, 3-0.
Bill Garbett made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 3-0.
Meeting adjourned at 3:05PM
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Special City Council Minutes March 1, 2017
Jason Buelterman called the Special City Council Meeting to order at 12:45PM, Wednesday,
March 1, 2017. Those attending were Julie Livingston, Monty Parks, John Major, Wanda Doyle,
Barry Brown and Bill Garbett. Also attending were George Shaw, Director, Planning and Zoning and Janet LeViner, Clerk.
Monty Parks made a motion to appoint George Shaw, Director, Planning and Zoning, as
interim City Manager. Julie Livingston seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to adjourn to Executive Session to discuss personnel. Monty
Parks seconded. Vote was unanimous, 6-0. Bill Garbett made a motion to return to regular session. Julie Livingston seconded. Vote
was unanimous, 3-0.
Bill Garbett made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 3-0.
Meeting adjourned at 2:45PM
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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 CLERK OF COUNCIL Janet LeViner
CITY ATTORNEY Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the 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: March 9, 2017
Item:
Explanation:
SUNRISE PARKING 1511 BUTLER AVENUE
HOTEL TYBEE PARKING 1401 STRAND AVENUE
RENEE G. BRIDGES 1001 BUTLER AVENUE
BRAMBLE FAMILY 215 LOVELL AVENUE
JOYCE PRESCOTT 214 SECOND AVENUE
JACK ROSENBERG 203 FOURTEENTH STREET
Paper Work: ___X__Attached*
_____Audio/Video Presentation**
• If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: 912-472-5033 / lschaaf@cityoftybee.org
Date given to Clerk of Council 03/ 09/ 2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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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 CLERK OF COUNCIL Janet LeViner
CITY ATTORNEY Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the 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: March 9, 2017
Item: TEXT AMENDMENT
Explanation: TO SEC. 3-090 SCHEDULE OF DEVELOPMENT REGULATIONS TO ADDRESS HEIGHT
LIMITATIONS.
Paper Work: ___X__Attached*
_____Audio/Video Presentation**
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: 912-472-5033 / lschaaf@cityoftybee.org
Date given to Clerk of Council 03/ 02/ 2017
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Diane Schleicher
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting MINUTES February 13, 2017
Commissioner Bishop called the February 13, 2017 Tybee Island Planning Commission meeting to
order. Commissioners present were: Demery Bishop, Ron Bossick, David McNaughton, Charles Matlock, John King, Tina Gann and Allan Robertson.
Planning Commission Oath administered by Mayor Jason Buelterman
(2-year terms end January 31, 2019):
Commissioner Bishop turned the meeting over to Mayor Buelterman for the Planning Commission oath. Mayor Buelterman began with thanking the members for their service and time and let them know they
are very much appreciated. Mayor Buelterman then administered the oath to Commissioner
McNaughton, Commissioner Matlock and Commissioner Robertson.
Elections: Mayor Buelterman asked if anyone has a motion for Chairman. Commissioner Matlock nominated
Commissioner Bishop for Chairman and Commissioner McNaughton seconded, the vote was
unanimous. Commissioner McNaughton made the motion to nominate Commissioner Bossick for Vice
Chair and was seconded by Commissioner Matlock, the vote was unanimous. Mayor Buelterman
congratulated them both.
Consideration of Minutes:
Chair Bishop asked for consideration of the December 19, 2016 meeting minutes. Commissioner King
made a motion to approve and Commissioner Gann seconded, the vote to approve was five to one,
Commissioner Robertson was not present at the December meeting so he did not vote.
Disclosures/Recusals:
Vice Chair Bishop asked if there were any disclosures or recusals. Vice Chair Bossick disclosed that he
was involved in determining a portion of the technical terms of the text amendment to Sec. 3-090
Schedule of Development Regulations to address height limitations. He also stated that it will have no bias on his vote.
Old Business:
Text Amendment: To Sec. 3-090 Schedule of Development Regulations to address height limitations.
Mr. Shaw stated for a number of years the City has been struggling with how to measure where to start from to determine height specifically on the existing Batteries on the island. The current way to
determine does not take into consideration the dunes that are on one side that would tend to skew the
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measurement. So this change will apply island wide to any type of construction with a change on the
wording, mainly to accommodate the batteries. We will use either the foundation or the crown of the nearest street. As opposed to the average adjacent grade. With the help of Vice Chair Bossick we have a
nice graphic picture showing the change. Commissioner King stated there is an inconsistency on a new
construction to use the crown of the street or the ground. Mr. Shaw stated if the lot is completely empty
the intent is to use average adjacent grade. Mr. Shaw stated we may have to make it a little more clear to
state the differences. Commissioner McNaughton stated paragraph one section A, does that mean the top of the foundation. Vice Chair Bossick stated yes that is what that means. Commissioner
McNaughton asked what does this mean if foundation is under the ground wont it be the lower of the
two. Mr. Shaw stated it would be lowest floor or crown of road whichever is lowest. Mr. Shaw stated it
probably should read lowest floor slab or crown of road. Commissioner Matlock asked if the lower
photo is the top of a slab. Mr. Shaw stated yes. Mr. Shaw stated the picture does show the top is where to start from. Commissioner Robertson stated that if this refers to Sec. 3-090 D then are we going to
make D the current E. Mr. Shaw stated he would have to check on that. Commissioner King stated in
the first section A2 add the word or. Vice Chair Bossick asked if the definitions should be in the
definition section. Mr. Shaw stated he prefers them to be in the definition section and he would like to
make this as clear as possible so any changes would be great. Commissioner Robertson made a motion to ask staff to incorporate comments and bring back to the March 20th, 2017 Planning Commission
meeting, and seconded by Commissioner Matlock the vote was unanimous.
New Business:
Mr. Shaw stated to the Planning Commission that there is a new Master Plan Implementation committee that Councilman Garbett is spearheading. He asked if anyone would like to be involved then let the City
Clerk know, or go to the City Website. And it is open to any citizen on the Island.
Adjournment:
Commissioner Gann moved to adjourn and Vice Chair Bossick seconded, the vote to adjourn was unanimous the meeting adjourned at 7:42pm.
Lisa L. Schaaf
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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: 3.9.17
Item: WWTP UV Disinfection System Upgrade Project - Recommendation to accept the bid from J.S. Haren
Company of Athens, TN for the for the base bid amount of $547,000.
Explanation: Very Time Sensitive
Budget Line Item Number: 505.4310.54.1400
Paper Work: __X__ Attached*
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
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THOMAS & HUTTON
Ms. Diane Schleicher
City Manager
City of Tybee Island
403 Butler A venue
Tybee Island, GA 31328
Dear Ms. Schleicher:
50 PARK OF COMMERCE WAY I SAVANNAH, GA31405
912.234.5300 I WWW.THOMASANDHUTTON.COM
March 2, 2017
Re: Tybee Island Treatment Facility
New UV Disinfection System Upgrade
Tybee Island, Georgia
Recommendation of Award
Project J-26293.0000
This letter serves as our official Recommendation of Award for a construction contract for
the referenced project.
After satisfactory advertisement, sealed bids were received at the Tybee Island City
Administration Building on Tuesday February 28, 2017 and were thereafter publicly opened, read
and recorded. The bids have been reviewed and the items checked for compliance to the
plans and specifications.
The low bidder was J.S. Haren Company of Athens, Tennessee with a total base bid of
$547,000.00. The contractor has a background of successfully completing projects of similar
type, size and complexity to this one.
Accordingly, Thomas & Hutton recommends award of a construction contract to J.S.
Haren Company as the lowest responsive bidder.
If you should have any additional questions, please do not hesitate to call.
Sincerely,
T~7?h
Fred Sororian, P .E.
FS/dmb
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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: 3.9.17
Item: Water Line Improvement Project – BRW Construction Group, LLC – Change Order #1 – Deduction of
$17, 547 – Original contract amount was $1,156,705.30. New contract amount will be $1,139,158.30
Explanation: T & H had looked into directional drill options for part of the water main project along Hwy 80
(crossings @ Campbell, Lewis & Jones, and the last section of longitudinal pipe in front of Chu’s that was
originally planned under the sidewalk) as a less expensive option of installation. Based on T & H’s meetings
with BRW, there is a savings somewhere in the vicinity of $25k by going with horizontal directional drill
(HDD) vs. direct bury. This will also make installation easier not having to close lanes down for the crossings
and reduce the amount of pavement cuts needed. GDOT is fine with the change and will be documented on the
as-built plans. This change order establishes new line item quantities and prices for horizontal direction drilling
(HDD) of water mains for the project, which will total approximately $100,300.00. We will delete the line
item quantities for the open-cut option along the affected areas (including asphalt R/R, casing, & pipe) now
with an approximate reduction of $117,847.00. The net reduction for Change Order No. 1 is therefore
$17,547.00. We should see additional reductions later in the curb replacement and sidewalk replacement line
items as well, but T & H will change those under a final adjustment of the quantities at the end of the project
since we will still have a bit of concrete removal and replacement with this option for the bore holes.
Budget Line Item Number (if applicable):
Paper Work: __X___ Attached*
Budget Line Item: 505.4410.54.1400
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
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J-26269.0000/Change Order # 1
WATER SYSTEM IMPROVEMENTS
HWY 80, CAMPBELL AVE., AND 2ND AVE.
CITY OF TYBEE ISLAND, GA
CHANGE ORDER NO. 1
J-26269
PROJECT: Water System Improvements – Hwy 80, Campbell Ave., and 2nd Ave. – Division I
PROJECT NO.: 26269 DATE: February 28, 2017
OWNER: City of Tybee Island, GA
CONTRACTOR: BRW Construction Group, LLC
The Contractor is hereby requested to comply with the following changes from the contract plans and
specifications:
Item #
Description of Changes – Quantities, Unit Prices, Units, Etc. Decrease In
Contract Price
Increase In
Contract Prices
1 ADD: 550’ - 8” FPVC DR 18 @ $74.00 per linear foot $40,700.00
2 ADD: 280’ - 12” HDPE DR 17 with 8” FPVC DR 18 (2 bores @
140’ each) Campbell and Jones @ $155.00 per linear foot
$43,400.00
3 ADD: 120’ - 10” HDPE DR 17 with 6” FPVC DR 18 (Lewis) @
$135.00 per linear foot
$16,200.00
4 DELETE: 950 LF 8” PVC DR18 Water Main @ $44.50 per
linear foot
($42,275.00)
5 DELETE: 83 LF 12” Steel Casing @ $209.00 per linear foot ($17,347.00)
6 DELETE: 175 LF 14” Steel Casing @ 215.00 per linear foot ($37,625.00)
7 DELETE: 200 SY Remove & Replace Asphalt Pavement @
$103.00 per linear foot
($20,600.00)
Total DECREASE ($117,847.00)
Total INCREASE $100,300.00
Difference Col. (1) and (2)
Net DECREASE/INCREASE Contract Price ($17,547.00)
The sum of $ 17,547.00 is hereby deducted from the total contract price of $ 1,156,705.30 and
the total contract price to date is $ 1,139,158.30 .
The time provided for completion in the contract is unchanged/increased/decreased by __0___ calendar days.
This document shall become an amendment to contract and all provisions of the contract will apply hereto.
ACCEPTED BY: DATE:
BRW Construction Group, LLC
RECOMMENDED BY: DATE:
Thomas & Hutton
APPROVED BY: DATE:
City of Tybee Island
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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: March 9th, 2017
Item: Proposed Water and Sewer Rate Increase Based on the CPI – U of 2.5%
Sec. 70-106. Water and sewerage charges; irrigation (a) From and after the effective date of the ordinance from which this article is derived there shall be established a water-sewer service charge for
each connection to the water-sewerage system of the city both inside and outside the city limits, and each water-sewer service customer shall pay the appropriate water-sewer charge established by the city council and on file with the city clerk. (b) The rates for all water-sewer service customers shall have a minimum base charge and said minimum base charge shall be considered a set
standard or readiness to serve charge and will be charged whether the premises are occupied or not. In cases of abandoned or unoccupied houses, the readiness to serve charge will continue until the meter is removed by the city, at which time the charge will be discontinued. (c) The rate charges for water-sewer service shall be determined by the amount of water used and these charges shall be on file with the city clerk.
(d) The standby minimum base charge and the usage rate charges shall be increased annually commencing with calendar year 2005 in accordance with any increase of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor from the base year of 2004 to the then current year.
(e) Irrigation systems water rates on irrigation meters (those not connected to the city wastewater treatment plant system) shall be on file with the city clerk. (f) This section has application to water used by irrigation systems which are on an independent meter not connected to water entering the city's wastewater treatment plant system. (g) In the event the owner or occupier of a property establishes that the property is not suitable for a shallow well, the city will repurchase any
previously installed irrigation meter. (h)All irrigation systems shall be equipped with rain sensors. (Code 1983, § 6-3-1) Paper Work: __X__ Attached*
_____ Audio/Video Presentation**
Submitted by: Diane D. Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
__________________________________________________________________________________________
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City of Tybee Island Water & Sewer Rate Schedule - Rate Change Reflects 2.5% CPI
Service Rate Approved 8.26.10 Rate Approved 6.13.13 Rate Adopted
1.23.14
Rate Adopted
2.26.15
Rate Adopted
2.11.16
Rate Proposed
3.9.17
Water:Commercial Multi 10.86$ 11.55$ 11.72$ 11.82$ 11.90 12.20
Additional Units (no kitchen)7.00$ 7.44$ 7.55$ 7.61$ 7.67 7.86Commercial Single 10.86$ 11.55$ 11.72$ 11.82$ 11.90 12.20Bed & Breakfast 10.86$ 11.55$ 11.72$ 11.82$ 11.90 12.20
Municipal 10.86$ 11.55$ 11.72$ 11.82$ 11.90 12.20
Residential – Single Family 9.55$ 10.15$ 10.30$ 10.38$ 10.46 10.72
Residential – Multi-Family (per kitchen)9.55$ 10.15$ 10.30$ 10.38$ 10.46 10.72Consumption Only/Sprinkler 9.55$ 10.15$ 10.30$ 10.38$ 10.46 10.72
Residential –
Senior 4.60$ 4.89$ 4.96$ 5.00$ 5.04 5.16
-$ -$ 0.00 0.00
Sewer:Commercial Multi 24.83$ 26.40$ 26.80$ 27.01$ 27.20 27.88
Additional Units
(no kitchen)
7.00$ 7.44$ 7.55$ 7.61$ 7.67 7.86
Commercial
Single 24.83$ 26.40$ 26.80$ 27.01$ 27.20 27.88
Bed & Breakfast 24.83$ 26.40$ 26.80$ 27.01$ 27.20 27.88Municipal24.83$ 26.40$ 26.80$ 27.01$ 27.20 27.88
Residential –
Single Family 21.86$ 23.24$ 23.59$ 23.78$ 23.94 24.54
Residential –
Multi-Family (per
kitchen)21.86$ 23.24$ 23.59$ 23.78$ 23.94 24.54
Residential –
Senior 11.08$ 11.78$ 11.96$ 12.05$ 12.14 12.44
Service:Usage Volume: Rate Approved 8.26.10 Rate Approved 6.13.13 Rate Approved
1.23.14
Rate Approved
2.12.15
Rate Approved
2.11.16
Rate Proposed
3.9.17
Water:0 - 3,000 gallons
3,000 – 5,000 gallons $ 3.00 $ 3.19 $ 3.24 $ 3.26 3.29 3.37
5,000 – 10,000 gallons $ 3.25 $ 3.46 $ 3.51 $ 3.54 3.56 3.65
10,000 – 20,000 gallons $ 3.50 $ 3.72 $ 3.78 $ 3.81 3.83 3.9320,000 and above $ 3.75 $ 3.99 $ 4.05 $ 4.08 4.11 4.21 $ - $ - 0.00 0.00
Sewer:0 - 3,000 gallons $ - $ - $ - 0.00 0.00
3,000 – 5,000 gallons $ 3.00 $ 3.19 $ 3.24 $ 3.26 3.29 3.37
5,000 – 10,000 gallons $ 3.25 $ 3.46 $ 3.51 $ 3.54 3.56 3.65
10,000 – 20,000 gallons $ 3.50 $ 3.72 $ 3.78 $ 3.81 3.83 3.9320,000 and above $ 3.75 $ 3.99 $ 4.05 $ 4.08 4.11 4.21 $ - $ - 0.00 0.00
0 - 3,000 gallons $ 3.00 $ 3.19 $ 3.24 $ 3.26 3.29 3.37
3,000 – 5,000
gallons
$ 3.00 $ 3.19 $ 3.24 $ 3.26 3.29 3.37
5,000 – 10,000 gallons $ 3.25 $ 3.46 $ 3.51 $ 3.54 3.56 3.65
10,000 – 20,000
gallons
$ 3.50 $ 3.72 $ 3.78 $ 3.81 3.83 3.9320,000 and above $ 4.50 $ 4.78 $ 4.85 $ 4.89 4.92 5.05
Consumption Rates per 1,000 Gallons:
* 3,000 gallons of water consumption and sewer disposal are included in the base charge for each customer class
Sprinkler/
Consumption
Only:
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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: 3.9.17
Item: Proposed Garbage and Recycling Rate Increase of 2.5%. This proposed rate includes complementary
recycling (no fee) only to senior households that qualify for senior exemption. The fiscal impact is
$222.48/month for 36 households. In addition, this proposed rate still includes the reduced rate of
$5.97/household for Stephens Day residents for side door service for one garbage cart and one recycling cart per
household, the fiscal impact is $2,820/month.
Budget Line Item Number: N/A
Paper Work: X Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
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Proposed
2017 Rate
Service (per month)(per month)
Garbage:
Garbage Residential Cart 14.75$ 15.12$ Once a week sidedoor service
Stephens Day Homestead Exemption Rate**10.97$ 11.24$ Once a week sidedoor service
Additional Roll-Out Garbage Cart (per kitchen)*14.75$ 15.12$
Garbage Commercial Cart 26.78$ 27.45$ Twice a week sidedoor service
Commercial Additional Garbage Cart 26.78$ 27.45$ Twice a week sidedoor service
Administrative Surcharge Per Garbage Cart 1.02$ 1.05$
Recycling:-$
Recycle Containers 6.18$ 6.33$ Once a week sidedoor service
Stephens Day Homestead Exemption Rate**4.14$ 4.24$ Once a week sidedoor service
Additional Recycle Container 6.18$ 6.33$ Once a week sidedoor service
Rate only for seniors who qualify for senior homestead exemption -$ -$ Once a week sidedoor service
Compactor Rate:
Rate/Cart/Month 26.78$ 27.45$ Reflect commercial rate
* The number of units billed is determined by the number of kitchens on premises.
**The total rebate per Stephens Day household is $5.82/month for garbage and recycling
Garbage & Recycle Rate Schedule - 2.5% Proposed Rate Increase
Atlantic Waste
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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: March 9, 2017
Item: Proposal: Raise the Annual Fire Protection Subscription in Unincorporated Tybee Island from $103.02 to
105.60 years to reflect the 2.5% percent increased CPI-U index per Code Section 26-41 (a)
Budget Line Item Number (if applicable): 100-00-34-2200 (Fire Protection Subscriptions) Revenue
Paper Work: __N/A__ 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: Diane D. Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
__________________________________________________________________________________________
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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: 3.9.17
Item: Proposed 2nd Amendment to the T-Mobile Lease on the water tank located at 111 Butler Avenue
Explanation:
Paper Work: ___X__ Attached*
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
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SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT THIS SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE (“Amendment”) is made and entered into by and between The City of Tybee Island, (“Landlord”), and
SunCom Wireless Property Company, LLC, successor in interest to Triton PCS Property Company LLC (“Tenant”).
Recitals
The parties hereto recite, declare and agree as follows:
Landlord and Tenant (or as applicable, their respective predecessors in interest) entered into a Water Tower Attachment Lease Agreement dated August 11, 1999 (including any prior amendments, the
“Lease”), with respect to Water Tank located at 111 Butler Avenue, Tybee Island, GA 31328.
WHEREAS, Landlord and Tenant desire to amend the Lease to allow Tenant to modify Tenant’s existing
Communications Equipment; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows:
1. Effective as of ___________, 2017, Tenant will have the right to modify its Antenna Facilities as described and depicted on Exhibit A, which is attached hereto and by this reference incorporated
herein, and Landlord hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects.
2. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the
remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this
Amendment, the terms and conditions of this Amendment will govern and control.
3. Landlord represents and warrants to Tenant that the consent or approval of no third party,
including, without limitation, a lender, is required with respect to the execution of this Amendment, or if
any such third party consent or approval is required, Landlord has obtained any and all such consents or approvals.
IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date of execution by the last party to sign.
City of Tybee Island SunCom Wireless Property Company, LLC By:_______________________________ By:__________________________________
Name:____________________________ Name: David Seale
Title:_____________________________ Title: Director, Network Engineering & Ops Date:_____________________________ Date:_________________________________
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Exhibit A
LOADING PER THIS SECOND AMENDMENT
ANTENNA HEIGHT: 153’
(Engineer stamped construction drawings by Kimley Horn dated 2/3/17 attached)
(3) TMBXX-6517-R2M ANTENNAS
(3) NOKIA FASB ANTENNAS
(3) NOKIA FRIG RRUS
(3) NOKIA FXFB RRUS
(3) RAYCAP RNSNDC-7771-PF-46 COVPs
(3) NOKIA ASU9325TYP01 HYBRID CABLES
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1718931.11718930.1
Sec. 34-262. - Registration fee/renewal.
(a) The short-term vacation rental application shall be accompanied by an initial
registration fee and be subject to an annual registration fee every January 1 thereafter, as
established by the mayor and city council.
(1) The 2016 rental registration fee shall be $0.00 per rental unit.
(2) The annual registration fee thereafter shall be $25.00 per rental unit. A registration
fee is valid from the date the completed registration is filed with the city and payment
of the registration fee has been made. The annual registration fee shall be due January 1
of each year and if not paid within 90 days thereof shall be subject to and the provisions
of the delinquency and penalties shall be identical to the provisions of Sec. 58-163 as
applicable to occupation tax/business license provisions. Every person holding a
license as specified herein shall secure that license within 90 days after January 1 of
each year, and pay for same as herein provided.
(b) Each property shall be issued a registration number.
(c) Failure to register as prescribed by this law will result in a fine of $100.00 for each
month that the unit continues to operate without registration.
(d) The annual registration fee is not transferrable and should ownership of a unit change, a
new registration is required even if the same management company continues to manage the
property.
(e) In the event a management company changes, a new registration will be required with a
fee of $25 to cover administrative costs. Sec. 34-265. - Emergency contact.
All STVR units shall be furnished with a telephone that is connected to a landline or
similar type connection, including a voice over internet protocol, in order that 911 dispatch
may be able to readily identify the address and/or location from where the call is made when
dialed. STVR applicants and agents are to work with City staff as to the implementation of
such emergency contact facilities or equipment and, until the appropriate connection for
emergency contact is established, occupancy of the stvr location without the connection is
prohibited.
02.21.17
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1718952.1
ORDINANCE NO. 2016-322017-04-A
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
Words and terms used in this Article are defined as follows:
For the purposes of this Article,(a) 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 ofAll special events that require a permit
under this Article, those that are whether a planned event or anand permitted and unplanned/pop up
special events.
(ab) Municipal Resources Anticipated to be UNICIPAL RESOURCES ANTICIPATED TO BE
REQUIRED (Planned event). shall mean a The gathering that 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:).
(bc) Municipal Resources MUNICIPAL RESOURCES ACTUALLY REQUIREDActually
Required (Pop-up Event). shall mean t 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 definitions, 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
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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.
(cd) PRODUCERProducer shall mean. 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/or promotes
the attendance at an event or gathering, including but not limited to one who serves as an emcee, disc
jockey or entertainer at an event or gathering and/or who supervises or finances an event. Such term shall
be synonymous 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, whether or not for personal pecuniary gain.
(e) Festival shall mean a program of cultural and/or entertainment events open to the general
public and taking place either fully or in part on public streets, thoroughfares, parking lots, parks or
squares, or other public property in connection with a community festival or event such as Pirates Fest.
To be regulated by this ordinance, each such festival must be designated as a festival by the Mayor and
Council.
(f) Festival Area shall mean the area specifically designed and defined by the mayor and
council as the location of festival events and activities.
(g). Control Zone shall mean a zone within the festival area in which special regulations may
apply as recommended in each case by the city manager and authorized by the mayor and council
including, but not limited to, controlled access by fencing and gating, wristband identification of persons
admitted to a control zone, wristband identification of persons authorized to purchase and hold in
possession alcoholic beverages, loud speaker limits and controls, enhanced security measurements and
entertainment controls.
(h) Alcoholic beverage shall mean any beverage containing alcohol.
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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 Control 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
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.
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(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. 54-71. Community Festival, Festival Area and Control Zone.
(a) Designation of a Community Festival. On the recommendation of the city manager, the
mayor and council may designate and name certain community festival days and, during such festival
days, authorize cultural and entertainment events and initiate regulatory provisions of this article within
the festival area.
(b) Designation of Festival Area. Unless the mayor and council specifically define otherwise,
the festival area shall be that area bounded on the North by 14th Street, the East by the Atlantic Ocean
including the Walter Parker Pier & Pavilion, the South by 17th Street, and the West by the properties
abutting the west side of Highway 80 and Butler Avenue between the north and south boundaries.
(c) Designation and Management of Control Zone. 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. Such regulations and controls may include, but are not limited to, the
following:
(1) Fencing and gating. Fencing designated control zone(s) and establishing
entrance gates for controlling and limiting access to each control zone.
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(2) Signage. The festival manager is required to provide signage indicating control
zone boundaries and all restrictions required within the zone.
(3) Identification entrance criteria. Require pre-numbered wristbands or other
means of identifying persons who have met entrance criteria. Entrance criteria may include, but are
not limited to, prohibiting persons from entering with unlawful weapons, beverage coolers, pets,
excluding pets of residents who live within the control zone, exotic animals, skates, bicycles, fireworks,
sparklers, bang snaps (snap and pops), smoke balls (smoke bombs), and fountains and other items which
may be dangerous, disruptive, or inconvenient in crowded conditions and prohibiting entry by persons
appearing to be intoxicated.
(4) Identification, consumption of alcoholic beverages. Require wristbands or other
means of identifying persons who have displayed proof of attaining the age of 21 years and who are
authorized to purchase or hold in possession alcoholic beverages within the control zone, outside of
licensed alcohol beverage establishments. A fee, as set by the mayor and council, may be charged for
such wristbands and such wristbands shall contain the city logo. Only persons who are authorized may
sell or disburse wristbands. Displaying such a wristband does not relieve alcohol beverage
establishments of responsibility for determining if a person has attained the age of 21 years before
dispensing alcohol to that person.
(5) Designation of festival manager within the control zone. The mayor and council
may designate and authorize a non-profit, tax exempt organization or similar entity to organize and
manage festival activities within a control zone. Such designation may include authorization to collect
and expend funds, in which case paragraph (f) below will apply.
(6) Financial requirements, audit regarding wristbands. Any organization
designated and authorized to collect fees and generate revenues from the public in connection with
such event shall, with regard to sales of wristbands, within seven (7) calendar days of conclusion of the
event, provide to the city manager a comprehensive audit that provides full accounting of all revenues
and expenditures associated with the event. The designated organization shall be required to maintain
documentation supporting event revenues and expenditures. The city will have complete and free
access to all such financial records at all reasonable times for purposes of review and audit. Any
organization designated and authorized to collect fees and generate revenues from the sales of
wristbands to the public in connection with such event shall, within seven (7) calendar days of
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conclusion of the event, provide the city manager with a certified report of the number of wristbands
sold and pay the city the agreed upon fee for each wristband sold (or otherwise unaccounted for).
(7) Insurance. Any organization authorized to organize and manage festival
activities within a control zone shall take out and keep in force for all activities associated with such
event a special events liability policy. Such policy shall provide the following:
(i) Minimum coverage limits: $1,000,000.00 single limit;
(ii) Named as an additional insured: City of Tybee Island; and
(iii) Certificate of Insurance: A Certificate of Insurance shall be issued to the
additional insured at least five (5) calendar days prior to the beginning of the event. Such Certificate
shall be on standard form and will provide for notification of the additional insured within ten (10)
calendar days of termination of coverage.
(8) Restricting hours of alcohol sales. Within the control zone, outdoor dispensing
of alcoholic beverages under any permit or license will be promoted from 11:00 a.m. to 12:00 Midnight
only.
Sec. 54-7273. 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. 54-7374. 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. 54-7475. 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. 54-7576. 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. 54-7677. 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. 54-7778. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor or distilled spirits 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. 54-7879. 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. 54-7980. 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 81 - 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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1718952.1
ORDINANCE NO. 2017-04-A
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
Words and terms used in this Article are defined as follows:
(a) 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. All
special events require a permit under this Article whether a planned event or an unplanned/pop up special
event.
(b) Municipal Resources Anticipated to be (Planned event) shall mean a gathering that 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:).
(c) Municipal Resources Actually Required (Pop-up Event) shall mean 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 definitions, 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
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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.
(d) Producer shall mean mean 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/or promotes the attendance at an event or gathering, including but
not limited to one who serves as an emcee, disc jockey or entertainer at an event or gathering and/or who
supervises or finances an event. Such term shall be synonymous 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, whether or not for personal pecuniary gain.
(e) Festival shall mean a program of cultural and/or entertainment events open to the general
public and taking place either fully or in part on public streets, thoroughfares, parking lots, parks or
squares, or other public property in connection with a community festival or event such as Pirates Fest.
To be regulated by this ordinance, each such festival must be designated as a festival by the Mayor and
Council.
(f) Festival Area shall mean the area specifically designed and defined by the mayor and
council as the location of festival events and activities.
(g). Control Zone shall mean a zone within the festival area in which special regulations may
apply as recommended in each case by the city manager and authorized by the mayor and council
including, but not limited to, controlled access by fencing and gating, wristband identification of persons
admitted to a control zone, wristband identification of persons authorized to purchase and hold in
possession alcoholic beverages, loud speaker limits and controls, enhanced security measurements and
entertainment controls.
(h) Alcoholic beverage shall mean any beverage containing alcohol.
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:
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(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 Control 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
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.
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(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. 54-71. Community Festival, Festival Area and Control Zone.
(a) Designation of a Community Festival. On the recommendation of the city manager, the
mayor and council may designate and name certain community festival days and, during such festival
days, authorize cultural and entertainment events and initiate regulatory provisions of this article within
the festival area.
(b) Designation of Festival Area. Unless the mayor and council specifically define otherwise,
the festival area shall be that area bounded on the North by 14th Street, the East by the Atlantic Ocean
including the Walter Parker Pier & Pavilion, the South by 17th Street, and the West by the properties
abutting the west side of Highway 80 and Butler Avenue between the north and south boundaries.
(c) Designation and Management of Control Zone. 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. Such regulations and controls may include, but are not limited to, the
following:
(1) Fencing and gating. Fencing designated control zone(s) and establishing
entrance gates for controlling and limiting access to each control zone.
(2) Signage. The festival manager is required to provide signage indicating control
zone boundaries and all restrictions required within the zone.
(3) Identification entrance criteria. Require pre-numbered wristbands or other
means of identifying persons who have met entrance criteria. Entrance criteria may include, but are
not limited to, prohibiting persons from entering with unlawful weapons, beverage coolers, pets,
excluding pets of residents who live within the control zone, exotic animals, skates, bicycles, fireworks,
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sparklers, bang snaps (snap and pops), smoke balls (smoke bombs), and fountains and other items which
may be dangerous, disruptive, or inconvenient in crowded conditions and prohibiting entry by persons
appearing to be intoxicated.
(4) Identification, consumption of alcoholic beverages. Require wristbands or other
means of identifying persons who have displayed proof of attaining the age of 21 years and who are
authorized to purchase or hold in possession alcoholic beverages within the control zone, outside of
licensed alcohol beverage establishments. A fee, as set by the mayor and council, may be charged for
such wristbands and such wristbands shall contain the city logo. Only persons who are authorized may
sell or disburse wristbands. Displaying such a wristband does not relieve alcohol beverage
establishments of responsibility for determining if a person has attained the age of 21 years before
dispensing alcohol to that person.
(5) Designation of festival manager within the control zone. The mayor and council
may designate and authorize a non-profit, tax exempt organization or similar entity to organize and
manage festival activities within a control zone. Such designation may include authorization to collect
and expend funds, in which case paragraph (f) below will apply.
(6) Financial requirements, audit regarding wristbands. Any organization
designated and authorized to collect fees and generate revenues from the public in connection with
such event shall, with regard to sales of wristbands, within seven (7) calendar days of conclusion of the
event, provide to the city manager a comprehensive audit that provides full accounting of all revenues
and expenditures associated with the event. The designated organization shall be required to maintain
documentation supporting event revenues and expenditures. The city will have complete and free
access to all such financial records at all reasonable times for purposes of review and audit. Any
organization designated and authorized to collect fees and generate revenues from the sales of
wristbands to the public in connection with such event shall, within seven (7) calendar days of
conclusion of the event, provide the city manager with a certified report of the number of wristbands
sold and pay the city the agreed upon fee for each wristband sold (or otherwise unaccounted for).
(7) Insurance. Any organization authorized to organize and manage festival
activities within a control zone shall take out and keep in force for all activities associated with such
event a special events liability policy. Such policy shall provide the following:
(i) Minimum coverage limits: $1,000,000.00 single limit;
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(ii) Named as an additional insured: City of Tybee Island; and
(iii) Certificate of Insurance: A Certificate of Insurance shall be issued to the
additional insured at least five (5) calendar days prior to the beginning of the event. Such Certificate
shall be on standard form and will provide for notification of the additional insured within ten (10)
calendar days of termination of coverage.
(8) Restricting hours of alcohol sales. Within the control zone, outdoor dispensing
of alcoholic beverages under any permit or license will be promoted from 11:00 a.m. to 12:00 Midnight
only.
Sec. 54-73. 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
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
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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. 54-74. 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
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:
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(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.
(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.
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(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.
Sec. 54-75. 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
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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
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
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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. 54-76. 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:
(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;
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(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
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
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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
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
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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. 54-77. 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. 54-78. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor or distilled spirits 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. 54-79. Weather and other changes.
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))
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Secs. 54-80. 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. 54-81 - 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.
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
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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: 3/9/17
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 3/1/17
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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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TIDA/MS BOD approved: 2/15/17 Page 1 of 2
TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET
BOARD OF DIRECTORS
MONTHLY MEETING & PLANNING SESSION
Meeting Minutes: January 16, 2017
Vision: To improve the quality of life for those that live, work, and visit Tybee Island and enhance the cultural experience while preserving
the community's barrier island heritage.
The Mission of the Tybee Island Development Authority / Main Street Program is to:
- facilitate efforts to revitalize, redevelop, and enhance that which improves the quality of life;
- create a sense of place and improve the quality of life for residents, business owners, and visitors using the Main Street Four Point
Approach;
- encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage;
- support and encourage the arts as a cultural endeavor and economic engine on the Island.
ATTENDANCE
(Present) Director: Sarah Bernzott, Marianne Bramble, Vicki Hammons,
Diane Kaufman, Steve Kellam, Julie Livingston
Ex-Officio Director: Melissa Turner
Program City Staff: Chantel Morton
Guest: Denise Elliot-Vernon
(Absent) Director: Ted Lynch
Ex-Officio Director: Melissa Memory
CALL TO ORDER
Ted called the meeting to order at 5:37pm. Chantel confirmed Marianne Bramble and Sarah Bernzott
were appointed to serve as voting directors for the program at the January 12, 2017 City Council meeting.
Directors welcomed Marianne Bramble to the Board of Directors and expressed appreciation for Sarah’s
continuation on the board.
DESIGN CONFIRMATION FOR MURAL 2 AND MURAL 3 FOR PUBLIC MURAL PROJECT
Directors welcomed Denise and thanked her for being the muralist with the Tybee Arts Association for
the second and third murals with the Public Mural Project. Denise presented her concept drawings,
which are based on the approved themes with elements: beach theme for the second mural and nature
and recreation theme for the third mural. Marianne confirmed Sarah and she will coordinate with Denise
so she can begin work in the Arts Center building.
DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES
Motion was made by Diane, which was seconded by Julie, to approve the minutes of the Tybee Island
Development Authority / Main Street Board of Directors December 21, 2016 meeting minutes. Motion
carried.
PROGRAM OVERVIEW
Reconfirm Vision and Mission Statements
Directors reviewed the Program’s Vision and Mission statements. All agreed there should be no
changes.
Board Positions
Directors discussed the opening for a Promotions Committee liaison and the vacant Ex-Officio
positions. Motion was made by Julie, which was seconded by Diane, to reappoint Melissa
Memory as an Ex-Officio director. Motion carried.
Motion was made by Diane, which was seconded by Julie, to appoint Sarah as the Promotions
Committee liaison for the Program’s Board of Directors. Motion carried.
Directors’ Goals
Each Director shared why they decided to serve as on the Development Authority/Main Street
Board of Directors. Directors also reviewed their goal(s) with their commitment.
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TIDA/MS BOD approved: 2/15/17 Page 2 of 2
Confirm Proposal of Projects for the City
Chantel reported that Ted has prepared an outline detailing financing options for Property 1 in
accordance with the short term and long term goals proposed for the property as previously
presented.
Chantel shared with Directors that Councilperson Doyle informed her that she is working on
making time for the projects that were presented at the November board meeting to be
presented again at a Council workshop. Julie and Chantel will follow up with Directors when more
information is available.
Partner Organizations (Arts & Culture)
Directors reviewed the organizations that are pertinent to the Program’s work and success. Steve
discussed the need for local businesses to have more marketing assistance in the surrounding
areas from the chamber and visitor’s bureau. Discussion ensued regarding the need for more
local advertising to support local businesses and the impact of the hurricane on current overnight
accommodation availability.
WORK PLAN
Chantel reviewed the Georgia Main Street 2016 Annual Standards for Accreditation Assessment and
congratulated everyone for meeting and, in most cases, exceeding the points necessary for each of the
criteria standards set by the National Main Street Center.
Directors reviewed the Program’s accomplishments of the 2016-17 Committee Work Plans. Directors
discussed updating Committee Work Plans for 2017-18 based on the 2016-17 accomplishments and with
changes as necessary. The Business Assistance Committee work plan will remain the same with an
emphasis on the following: increasing participation at quarterly Merchant Meetups by possibly changing
the meeting times and incorporating a tagline that will highlight shopping, dining, and activities on the
island. Directors discussed various tagline options to encourage local support of doing business. Directors
agreed to proceed with incorporating the tagline of “Shop. Dine. Do.” with the Buy Local Tybee logo and
that the Promotions Committee should discuss in detail at their next meeting. Directors also discussed
ways to highlight contractors that are registered on the island with specialties and ways to diversify the
businesses that serve residents and visitors. Chantel mentioned that a video project highlighting why
merchants have their business on Tybee can still be done because there is still money available in the
contract labor line item for such a project. Julie suggested that the video project be done with merchants
riding around the island speaking about the business atmosphere.
Actions items that are to be added to the Design Committee work plan are as follows: incorporate the
Secretary of Standards into the façade improvement grant guidelines with an internal deadline of
December, add the Tybrisa Street improvements, and work to increase the façade improvement grant
match. The improvements for Tybrisa Street and grant match increase should be included in the
upcoming fiscal year budget request.
The Organization/Outreach work plan will remain the same with an addition of incorporating that work
continue with the projects proposed for the city and highlighting the opportunities for businesses and
non-profits more through the communications action items.
The Promotions Committee work plan will remain the same with an addition of incorporating the new
tagline in conjunction with the Business Assistance Committee. Sarah confirmed that the survey results
and list of events will be reviewed at the next committee meeting.
BUDGET
Chantel reviewed the budget expenditures to date with Directors and confirmed all is good standing.
OTHER BUSINESS/NEWS
Melissa Turner reported that there are many shows taking place at the Tybee Post Theater.
Marianne and Sarah reported that the Arts Association is looking forward to a variety of art shows and
classes this year. Marianne shared that they are also looking forward to tying in more with Tybee for the
Holidays with their House of Christmas Mouse again this year.
ADJOURN
The meeting adjourned at 7:20pm.
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