HomeMy Public PortalAbout20170427AmendedPacket.pdfTable of Contents
000_000_20170427AmendedAgenda....................................................................................................................................................................................... 1050_010_Proclamation....................................................................................................................................................................................... 3060_010_20170413Minutes....................................................................................................................................................................................... 4060_011_hurricane-04222017093109....................................................................................................................................................................................... 11060_012_bryan-04222017093138-0001....................................................................................................................................................................................... 13060_020_20170419SpecialMeetingMinutes....................................................................................................................................................................................... 14120_010_Turtle Trot 2017....................................................................................................................................................................................... 15130_020_4-27-17CCAR_2017GEMSMOU....................................................................................................................................................................................... 18140_010_09-2017 emer mgt ame 04.04.17....................................................................................................................................................................................... 26140_020_01-2017 -C - Height - 04.04.17 (1)....................................................................................................................................................................................... 29140_030_Volkswagen - 04.21.17....................................................................................................................................................................................... 33150_010_RFP....................................................................................................................................................................................... 35150_021_Crossovers....................................................................................................................................................................................... 61150_022_Recommendations Summary of Dune Crossover Assessment and Proposal for Improved Shoreline Protection....................................................................................................................................................................................... 79150_030_post theater-02192016094139....................................................................................................................................................................................... 83150_040_coe-04222017093201-0001....................................................................................................................................................................................... 91150_041_coe-04222017093201-0002....................................................................................................................................................................................... 92
AMENDED AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL APRIL 27, 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 – Tybee Island Youth Council
1 Call to Order 2 Posting of the Colors
3 Pledge of Allegiance
4 Invocation
IV. Tybee Island Youth Council
V. Recognitions and Proclamations
1 Municipal Clerks Week, May 7 – 13, 2017
VI. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 Minutes, City Council Meeting, April 13, 2017 2 Minutes, Special City Council Meeting, April 19, 2017
VII. Consideration of Boards, Commissions and Committee Appointments
VIII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Frank Wooldridge, Beach Task Force
IX. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
X. Consideration of Approval of Consent Agenda
XI. Public Hearings
XII. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Alcohol License Request: Special Event – Beer and Wine – Turtle Trot, April 29, 2017
XIII. Consideration of Bids, Contracts, Agreements and Expenditures
1 Jason Buelterman, Out of State Travel, May 2 – 3, 2017, Washington, DC
2 2017 Georgia Exceptional Main Streets MOU
XIV. Consideration of Ordinances, Resolutions
1 Second Reading, 2017-09, Sec 18-6, Emergency Management and Response Powers
2 Second Reading, 2017-1-C, Sec 3-090 (D), Height
3 Resolution, Volkswagen Group of America
XV. Council, Officials and City Attorney Considerations and Comments
1 Bubba Hughes
i. RFP, North Beach Concession
ii. North Beach Grill Status 2 Wanda Doyle
i. Tybee Island YMCA – Teen Cuisine/Cafeteria Equipment
ii. Recommendation from Beach Task Force regarding Crossovers 20170427AmendedPacket Page 1 of 92 20170424/jrl
3 Monty Parks
i. Post Theater Debt 4 Jason Buelterman
i. Beach Re-nourishment Confirmation, COE
5 Barry Brown
i. Second set of stairs (egress)
XVI. City Manager’s Report
XVII. Minutes of Boards and Committees
XVIII. Executive Session
1 Discuss litigation, personnel and real estate
XIX. Possible vote on litigation, personnel and real estate discussed in executive session
XX. 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, April 13, 2017
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on April 13, 2017.
Those present were Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill
Garbett. Also attending were George Shaw, Interim City Manager; Bubba Hughes, City
Attorney; Angela Hudson, Director, Finance; and Janet LeViner, Clerk of Council. Julie
Livingston was absent as she was ill.
Mayor Buelterman listed the following items on the consent agenda:
• Minutes, City Council Meeting, March 23, 2017
• Minutes, Special City Council Meeting, March 30, 2017
• Film Permit, “Love at the Shore”, twelve day movie shoot on Tybee.
DISCUSSION: Ms. Doyle expressed her concerns with the set-up date of
Friday, April 21, 2017 as that is going to be a busy day. There were
concerns with the pre-scheduled weddings in that area. Mr. Shaw
responded the production company has agreed to provide an aisle
between the trucks to accommodate any foot traffic due to weddings.
They will also have sufficient security for the basecamp. Mr. Major asked
for clarification of the “end date” of the filming. Mr. Shaw clarified the
end date will be Friday, May 5, 2017. Mayor Buelterman stated, to be
clear, the filming date is April 20 – May 5, 2017.
• Beach Task Force Pilot Dune Restoration Program. Funds not to exceed
$20,000. Discussion: Ms. Doyle stated this was not put in the budget
previously and will give Mr. Shaw and staff the approval to move forward.
Ms. Doyle discussed the two bids received for the Program and
recommended Environmental Services, Inc. Mr. Major confirmed the
reporting schedule to Mayor and Council. Mayor Buelterman stated there
are three steps involved with this project: (1) Baseline set-up and first
quarter monitoring; (2) Quarterly monitoring; and (3) Year-end reporting
totaling $3,500. Ms. Doyle confirmed and stated the Beach Task Force
has a permit from Department of Natural Resources as they laid out the
original plan for the restoration.
• City Council’s approval to amend the fiscal year 2016-2017 annual budget
for five Capital Project Funds that includes SPLOST 2003, SPLOST 2008,
SPLOST 2014, Chatham County SPLOST VI and Capital Grant Fund.
Discussion: Mayor Buelterman directed Council to the Capital Grant
Fund. This line item is in relationship to the possibility of a beach re-
nourishment. He is working with the County for these funds and in order
to move forward it has to be listed in the budget. The goal is for this to
be $1.8M, to be 100%, and paid for by the County’s beach improvement
SPLOST 2014 budget. Ms. Doyle asked Ms. Hudson where the $450,000
is for the Marine Science Center. Ms. Hudson responded in SPLOST 2003.
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an explanation of the $78,000 for the YMCA. Ms. Hudson responded approximately
$20,000 has been spent for repairs to the roof and replacing tiles in the buildings. She
has given a price of $67,000 to FEMA for repairs to the roof and needs to move
forward. Ms. Doyle confirmed. Mayor pro tem Brown recommended the repairs move
forward as the money is available. Mr. Shaw is to move forward with the RFP process
for repairs to the roof per Mayor and Councils recommendation. Mayor Buelterman
stated the total cost of the hurricane is $3.4M with an anticipated reimbursement of
$2.6M from FEMA and $4M from GEMA which leaves the City out of pocket cost at
$400,000. Ms. Hudson confirmed. Ms. Doyle asked Mr. Shaw for clarification of the
mandatory raking of the beach. Mr. Shaw responded that funding needs to be found as
there is a requirement to till the beach annually. He did reach out to the previous
contractor and he has agreed to complete the work with no additional cost from the
previous year, approximately $18,000. He will add a budget amendment to cover the
cost of the tilling to the next agenda.
Jan LeViner, City Clerk, approached Mayor and Council to report on the Tybee Island Youth Council. Ms. LeViner thanked the community for their support with the
recent fund raiser and reminded them the next fund raiser will be Saturday, April 29,
2017 at the Tybee Post Theater. Mayor Buelterman thanked Ms. LeViner her
involvement with the Youth Council.
Dena Stainbrook, Ticket, Glass on Beach. NOT IN ATTENDANCE
Monty Parks made a motion to approve the consent agenda. Barry Brown
seconded. Vote was unanimous, 5-0.
Public Hearings
First Reading, 2017-1-C, Section 3-090(D), Height. Mr. Shaw stated the
proposed ordinance is specifically designed to deal with how to measure the 35’
maximum height on existing structures, mainly Battery’s on the beach. Currently the
City uses average adjacent grade for measuring the maximum height. Structures at the
beach have an advantage in that respect as dunes wash up against them and radically
change what would be a normal adjacent grade if it were an empty lot. Planning
Commission voted unanimously to approve. He continued, basically it would change
the measurement for existing structures or slabs to be measured from the lowest
floor/slab or the crown of the existing improved street, whichever is lower. The
Planning Commission will be considering definitions of foundation, grade and slab at an
upcoming meeting. Mr. Garbett stated he has spoken with several residents regarding
the proposed ordinance and recommends approval. Tony Petrea approached Mayor
and Council. Mr. Petrea outlined his reasons for being against the proposed ordinance
as it does not affect all properties, only two, himself and the Gross Battery. He showed
a picture of his property which is a single story home built in 1971. If the proposed
ordinance is approved he could not rebuild in the same footprint due to the top of the
peak would be 5’ higher than proposed. Another reason he is against the proposed
ordinance is it one of hundreds of ordinance that have been added over the years to an
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already bloated Code. Mr. Petrea then discussed his reasons to support the proposed
ordinance which includes it is the right thing to do as he does not want a structure to
tower over the Island. He stated that he can rebuild his property within the guidelines
set forth with the proposed ordinance. The home would have a rooftop deck with see-
through handrails which would stay within the 35’ height restriction. He then showed a
survey of the two lots and will give the City a 10’ easement, beach access, which will
assist the beach goers. Mr. Petrea asked Mayor and Council to carefully think about the
way they are going to vote on the proposed ordinance. Mr. Major stated in reviewing
the Planning Commission Minutes for that meeting, the question came up about the
handrails, i.e., could not the petitioner get a variance for that. He further stated the
deck would be a legal deck. Mr. Shaw confirmed as long as it was not over the 35’.
Mr. Major made reference to the variance ordinance as it does make reference to safety
as if the residence has a legal deck and the City does not allow handrails, it would seem
that the 3’ see-through handrails would be permissible. Ms. Doyle confirmed it would
be allowed due to safety. Mr. Shaw confirmed. Mr. Garbett stated a good planner
could accommodate the City’s Code and make a very livable structure on that site. He
expressed his concerns with builders asking for variances for height restrictions. Mr.
Petrea stated he doesn’t disagree but Mayor and Council are changing the rules on two
properties and he has a problem with that. It is not his intention to come before Mayor
and Council and request a variance as he will put a flat roof on the structure which will
not exceed the 35’ height rule. Mayor pro tem Brown stated it was not his
understanding that sand dunes could be used as a grade. Mr. Hughes stated it has not
been confirmed that this would apply to only two structures as there are probably other
structures. Mayor pro tem Brown recommended removing the wording “cannot use a
sand dune for an elevation point” and take the average grade between the top of dirt
and street. Mr. Shaw stated the proposed ordinance only applies to the two Battery’s
as mention previously and an empty slab. Mr. Parks stated the proposed ordinance is
clearer than anything previously printed and he is in favor of taking measurements from
the crown of the road. Mr. Hughes stated it is difficult to determine what is a dune
and what might be a pile of sand. Mayor Buelterman asked if there is a policy for how
high a handrail is on a deck. Mr. Shaw stated the Code is 36” minimum as the issue is
a roof could be 35’ and in order to have the handrails, it would have to be called a
deck. When it is called a deck you are allowed handrails. Ms. Doyle stated the
proposed ordinance is clear and understandable. Mayor pro tem Brown recommended
not using the dunes for a point of reference. Bill Garbett made a motion to approve.
John Major seconded. Voting in favor were Monty Parks, John Major, Wanda Doyle
and Bill Garbett. Voting against was Barry Brown. Motion carried, 4-1.
Consideration of Bids, Contracts, Agreements and Expenditures City Council’s approval to amend the fiscal year 2016-2017 annual General
Fund Operating and Capital Budget to $13,289,975 from $14,940,011, a decrease of ($1,650,936). Ms. Hudson stated due to the large amount of money
anticipated from FEMA and GEMA which will be operating funds from the storm debris,
a separate fund needs to be set and separately accounted for. Extra money was put in
the general fund in November 2016 to account for those expenses which now need to
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be moved to a separate fund. This will be an accurate accountability of money spent;
received from GEMA and FEMA; and also show the City’s match. Ms. Hudson does
expect an audit by FEMA and GEMA. The budget has also been amended to include
overtime from the hurricane. Once the funds are sent, money will be moved back to
the general fund. Mr. Parks asked for further clarification. Ms. Hudson responded the
$1.8M is being moved from the General Fund to a Capital Grant Fund which will be a
more accurate mode of accountability. Monty Parks made a motion to approve the
general fund to $13,279,475 from $14,940,011. Wanda Doyle seconded. Vote was
unanimous, 5-0.
Second Amendment to Agreement, Phillips and Jordan, Inc. Disaster Debris
Recovery Services for Public Roads for White Goods by an increase of $212,280, from $120,000 to $298,000. Ms. Hudson stated the monitoring
company should have notified the City of the estimate of the contract without a “not to
exceed’ amount. Mr. Major concurred. He then confirmed the City does have a fully
executed contract with Phillips and Jordan. Ms. Hudson responded yes. Mr. Hughes
explained the cap from previous amendments and confirmed Adkins has documentation
from Phillips and Jordan to support the cost of the debris removal. Ms. Hudson
requested invoices from Phillips and Jordan and in fact received only one as they sent
others directly to Adkins. Mr. Hughes stated the City is not in a position to double the
“not to exceed” price without further information. A discussion ensued regarding the
“not to exceed” amounts approved by Mayor and Council. Mayor pro tem Brown
recommended staff need to contact Ms. Schleicher to confirm if she had conversations
with Phillips and Jordan regarding the increase in the contract. Ms. Hudson explained
her conversations with Phillips and Jordan as to the increase in the contract as they
were not forthcoming with invoices. Mayor Buelterman asked if Phillips and Jordan is
still the contractor for debris removal if there is another hurricane. Ms. Hudson
confirmed and further stated staff will be working on a new RFP for debris removal.
NO ACTION TAKEN.
Second Amendment to Agreement, Phillips and Jordan, Inc. Disaster Debris
Recovery Services for Private Roads by an increase of $162,000 from
$180,000 to $342,000. NO ACTION TAKEN
Consideration of Ordinances, Resolutions
Second Reading, 2017-08, Sec 22-29 (12), Nuisance. Bill Garbett expressed
his concerns with the proposed ordinance as he was not present at first reading. After
an explanation from Mr. Parks, it was stated the City will now be adhering to the
current noise ordinance. Mr. Garbett stated he was not in favor of the proposed
ordinance. Wanda Doyle made a motion to approve. Monty Parks seconded.
Voting in favor were Monty Parks, John Major, Wanda Doyle and Barry Brown. Voting
against was Bill Garbett. Motion passed, 4-1.
First Reading, 2017-09, Section 18-6, Emergency Management and Response
Powers. Mr. Hughes explained the proposed ordinance will do two things to the
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Emergency Management Ordinance: (1) when the Declaration of the Emergency is in
place, the Mayor can evoke local emergency situations to protect the public safety and
(2) can be done at any stage of the emergency as long as the hazard continues to
exist. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was
unanimous to approve, 5-0.
Council, Officials and City Attorney Considerations and Comments
RFP, North Beach Restrooms and Showers – Concessions and/or Janitorial
Services. Ms. Doyle recommended removing the janitorial services and the
maintaining of the grounds from the scope of the RFP as she has concerns. She
suggested the City put out a bid for City Hall, Public Safety Building, to include the
janitorial services as well as other city buildings with the same sub-contractor. Her
other concerns include the grounds as there needs to be a professional group that
maintains the grounds in that area. Mayor Buelterman confirmed as he is in agreement
with a professional company maintaining the restrooms. Ms. Doyle recommended the
current contractor continue with the services until the RFP process is complete. Mayor
and Council confirmed. Twila Bryan, Owner, Totally Toxic-Free Cleaning
approached Mayor and Council. Ms. Bryan stated she is the current contractor for
cleaning the cabins and bathhouses at the campground. They have also been cleaning
the bathrooms at the concession location and it is their desire to continue the services.
Ms. Bryan explained the cleaning of the concession is a major undertaking and again
would like to continue the service. Mr. Hughes confirmed the contract will run through
the end of June 2017. Mr. Parks stated he likes the consolidation of cleaning services.
Mr. Garbett stated the cleaning services for City buildings are different from the beach
bathrooms as the bathrooms need more attention. Ms. Doyle outlined her concerns with
the concession: (1) dress code; (2) pressure washing of the deck; and (3) tobacco
products. She does not feel there needs to be a dress code as detailed as in the RFP.
In regards to the pressure washing of the deck once a month, Ms. Doyle stated the City
does not pressure wash the sidewalks once a month why should we require the
concession area to do the same with the decks. If it is required, we as the City need to
ensure we follow the same standards. Tobacco products are mentioned twice in the
RFP and are probably a mistake. Mr. Hughes confirmed and will correct. Mayor pro
tem Brown recommended pressure washing of the deck be done according to
manufacture recommendations. Mr. Parks recommended no amplified music be allowed
during day time hours as it is more of a family atmosphere. Ms. Doyle would like
reference to landscaping removed from the RFP. Mr. Hughes confirmed. Mayor
Buelterman confirmed the responders to the RFP will be responsible for physical costs
to the building. Mr. Hughes responded that would be the burden of the responders to
the RFP. Mayor Buelterman reviewed the associated changes: (1) Removing the dress
code; (2) removing the cleaning services; (3) landscaping requirements; (4) keeping
the security camera; (5) adding the internet fee; and (6) hours of the concession which
coincides with the unlocking/locking of the bathrooms. Mr. Shaw will work on the hours
of the concession which would be included in the motion. Mr. Major recommended this
schedule should be included in the proposals and Mayor and Council have the flexibility
to amend/adjust. Mr. Major recommended Mayor and Council complete the scoring
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matrix as well as reject any bids that might be submitted. Mr. Hughes recommended
the term of the RFP be longer than two years. Mayor pro tem Brown recommended a
five year lease. It was decided that the recommended term to be part of the proposal
rather than predetermined but not longer than five years. Mr. Major recommended the
RFP be part of a Special City Council meeting on April 19, 2017. Mr. Hughes will have a
clean copy for the Special City Council meeting. Mr. Hughes to make recommended
changes and be included on the agenda for Wednesday, April 19, 2017.
Budget Amendment, Beach Ambassadors. Mr. Parks stated he felt it was in the
best interest of the City that the budget amendment for the Beach Ambassadors that be
approved. The actual expense for the remainder of the budget cycle for the Beach
Ambassadors would be $8,000. The Ambassadors would enhance the visitor experience
and draws a line in the sand for litter and will be non-confrontational. He continued
that Chief Bryson will be responsible for this program. Mr. Garbett clarified the budget
amendment for this program is $17,700 and the impact for this budget cycle is $8,000
if stated by the end of May 2017. Mr. Parks recommended the Beach Ambassadors
keep data on the visitors such as where there are from, etc. Ms. Doyle stated she
would feel more comfortable if Chief Bryson is directly involved with the interview
process. She would also like to see the job description as she has safety concerns of
the prospective Beach Ambassadors. Mayor Buelterman confirmed the Beach
Ambassadors will have radios such as the Tybee Island Fire Department and will be
able to reach out for assistance if needed. Mr. Parks started the Beach Ambassadors
will be reporting overflowing trash receptacles to DPW as well as answering questions
regarding the beach. Mr. Major confirmed Chief Bryson is in favor of this program. Monty Parks made a motion to approve for 2017 with a startup budget of $10,500.
John Major seconded. Discussion: Ms. Doyle recommended the Ambassadors
introduce folding paper ashtrays to the beach goers. Vote was unanimous, 5-0.
Wanda Doyle made a motion to adjourn. Monty Parks seconded. Vote was
unanimous, 5-0.
Meeting adjourned at 9:30PM
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City Council Minutes, April 19, 2017
Mayor Buelterman called the Special City Council Meeting to order at 3:30PM, Wednesday, April 19, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry
Brown and Bill Garbett. Also in attendance were George Shaw, Interim City Manager and Jan
Leviner, City Clerk.
Consideration of Bids, Contracts, Agreements and Expenditures To request the City Council’s approval to amend the fiscal year 2016-2017 annual
budget General Fund Operating and Capital Budget by transfer of $19,000 from the
Finance Department’s budget to the Beach Related Budget. John Major made a
motion to approve. Monty Parks seconded. Vote was unanimous, 6-0.
RFP, North Beach Concession Operation and Services. Mayor and Council pointed out four areas where changes need to be made: (1) Sec 2.14.2 (a) – strike “and annual aggregate”
in the last sentence; (2) Page 16 – correct punctuation in second sentence; (3) Second
paragraph under Daily Custodial and Ground Maintenance Requirements: add the end
parenthesis after the word “fixtures”; and (4) Sixth paragraph under same main paragraph –
strike the words “and will supply the picnic tables”. Bill Garbett made a motion to accept the
RFP as amended with the above changes subject to the City Attorney’s approval. Monty Parks
seconded. Vote was unanimous, 6-0. Julie Livingston made a motion to adjourn. Monty Parks seconded. Vote was unanimous,
6-0.
Meeting adjourned at 4:00PM
_________________________ _____________________________
Janet LeViner, CMC Jason Buelterman, Mayor
Clerk
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ORDINANCE NO. 09-2017
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA,
TO AMEND SECTION 18-6, AUTHORITY TO REMOVE DEBRIS
FROM PRIVATE DRIVES, AND TO CLARIFY EMERGENCY POWERS
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt
reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of
Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the
Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and
home rule powers, and
WHEREAS, the governing authority desires to amend Section 18-6(a)(4) on Emergency
powers and to amend Section 18-6(a)(6) to add a new subsection thereto as o., with the current
subsection o. to be relettered as p..
NOW, THEREFORE, It is hereby ordained by the governing authority of the City of
Tybee Island that subsection 18-6(a)(4) be amended and that Section 18-6(a)(6) have a new
subsection added to be lettered o. and the current subsection o. shall become subsection p. so that
hereafter the sections shall read as hereinafter provided.
SECTION 1
The Code of Ordinances is hereby amended so as to revise Section 18-6 so that it shall
hereafter include the following:
Sec. 18-6. Emergency management and response powers.
(a) Declaration of local emergency. . . . (4) Following a declaration of local emergency and during the continuance of
such declaration, the mayor is authorized to implement local emergency measures to protect life
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and property or to bring the emergency situation under control. In exercising this authority, the
mayor may cause to become effective any of the following sections of this chapter as appropriate
as well as any other emergency powers conferred upon the mayor by law. If any of these sections
are included in a declaration of local emergency, the same shall be filed in the office of the city clerk and shall be in effect until the declaration of local emergency has terminated.
The powers shall include the ability to authorize the taking of such steps as are
necessary and appropriate to ensure the life, health, safety and welfare of all citizens irrespective
of whether such hazards that threaten the life, health, safety and welfare are found, during and/or
after such an emergency or disaster event.
Sec. 18-6(a)(6). Additional emergency powers.
o. Authority to remove debris. The City, and its agents, subcontractors,
employees or other designees, are hereby authorized to enter upon and remove debris from public and private roads, rights of way, storm drainage easements, including entry into private or
gated communities for the purposes of emergency travel, storm water conveyance, protecting
health and safety, facilitating response and recover operations, and for any other purpose the City
determines is necessary to remove an immediate threat to life, public health, safety and economic
recovery of both public and private property. This authority is directly associated with an emergency or disaster event which causes an immediate threat to life, public health, safety or the
economic recovery of the City and is not considered part of the City’s normal day to day uniform
level of services.
p. To coordinate the exercise of the above emergency powers within the city.
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
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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 , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances 2017/09-2017 emer mgt amend 03.28.17
Rev 04.03.17 Rev 04.04.17
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1640720.1
ORDINANCE NO. 01-2017-C
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
AS TO SECTION 3-090D RELATING TO HEIGHT,
TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to amend Section 3-090D so as to address
the calculation of elevations for determining the height of structures on lots with existing
structures or which had been previously improved, to repeal conflicting ordinances and for other
purposes.
NOW, THEREFORE, It is hereby ordained by the governing authority of the City of
Tybee Island that The Code of the City of Tybee Island, Section 3-090D, Height, be amended so
that hereafter the section shall read as hereinafter provided.
SECTION 1
The Code of Ordinances is hereby amended as to Section 3-090D, Height, which shall
read as follows:
Sec. 3-090D. Calculating maximum height for development on existing structures or slabs.
In any situation, including specifically but not limited to, the batteries that were
formerly part of Fort Screven, where new construction or remodeling of existing
improvements is proposed, the elevation for purposes of calculating the finished height of
the proposed structure shall be determined by the following rules:
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(a) The finished height of any new construction or remodeling shall not exceed
thirty-five (35) feet from the lower of the existing elevation as determined from
either of the following:
(1) The elevation of the top of the lowest floor’s slab of the existing
improvement or structure, or
(2) The elevation of the crown of an existing improved street, public or
private, that abuts or is nearest to the property on which the proposed
structure is planned.
This section is applicable in circumstances where the existing structure,
improvement, or slab is to be continued in use or in place, incorporated into the proposed
improvement If an improvement, slab and/or foundation is to be removed entirely, the
elevation for new construction will be measured from the lower of the average adjacent
grade of the lot or the elevation of the crown of an existing improved street, public or
private, that abuts or is nearest to the property on which the proposed structure is planned.
As used in this ordinance, the phrase “is nearest to” is to be determined by a
measurement in any direction and without regard to property lines, easements, etc. but
rather is to be determined “as the crow flies,” beginning with the closest point on the
property to be developed to the nearest improved public or private street.
As used in this ordinance, the words “grade,” “foundation” and “slab” shall be
defined as demonstrated and depicted on the attached Exhibit “A” and this ordinance is to
be applied and interpreted consistently therewith.
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SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2017.
______________________________
MAYOR
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ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Tybee/Ordinances/19-2015 Height Rev 07.19.16
572-000001/Ordin/21-2016 Height 07.22.16 Tybee/Ordin/01-2017 Height
Tybee/Ordin 2017/01-2017-A Height 01.09.17 Tybee/Ordin 2017/01-2017-B Height 02.02.17
Tybee/Ordin 2017/01-2017-C Height 04.04.17
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RESOLUTION
WHEREAS, the Mayor and Council is the duly authorized authority for the City of
Tybee Island, Georgia (hereinafter the “City”); and
WHEREAS, Volkswagen Group of America (hereinafter “Volkswagen”) has been the
defendant in a class action lawsuit involving claims of fuel economy manipulation; and
WHEREAS, such claims have caused or resulted in Volkswagen making offers in an
effort to settle the class action, including offers to the Tybee Island Police Department in
alternative forms; and
WHEREAS, the Tybee Island Police Department has expressed a preference for the City
to accept an offer that would best be described as the “Buyback” offer for each of the
Volkswagen vehicles purchased by the City for the use of the Tybee Island Police Department;
and
WHEREAS, the City wishes to participate in the settlement of claims arising from the
ownership of the Volkswagen vehicles; and
WHEREAS, in order to consummate the settlement, the Mayor of the City needs to be
authorized to execute appropriate settlement documents, including a release of claims, title to the
Volkswagen vehicles and potentially other affiliated documents.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Tybee Island, duly assembled, that the City wishes to accept the Buyback proposed
resolution and settlement of all claims of the City against Volkswagen concerning the
Volkswagen motor vehicles purchased by the City and, in consideration of the payment to
the City of the settlement proceeds, the Mayor and Council hereby authorize the Mayor to
execute all appropriate documents approved by the City Attorney and Finance Director in
connection with the settlement, including any releases of liability or related documents,
and to sign the original titles to the vehicles over and to the Volkswagen Group of
America or as directed by its representatives in order to consummate the settlement.
SO RESOLVED, this the ____ day of ___________________, 2017.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
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1641381.1
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2017/Volkswagen
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Dune Crossover Assessment and Proposal for Improved Shoreline Protection Beach Task Force Recommendation to City Council April 20, 2017 In its duty to promote beach preservation and the prevention of shoreline erosion, members of the Beach Task Force examined each of the City’s 27 public beach access points on April 3, 2017. In attendance were: Alan Robertson – member, Beach Task Force Frank Wooldridge – member, Beach Task Force George Shaw – Planning & Zoning Manager, Interim City Manager Joe Wilson – Public Works Director Jimmy Brown – Emergency Management Coordinator Ashley Fields – Fire Chief Deb Barreiro – GADNR In the Assessment (attached), the access points were evaluated based on Type of crossover (Pedestrian or Vehicular), Condition of the crossover, whether it was Critical to emergency access or heavy pedestrian traffic during season, its Flooding potential, and if we could readily Dam the access point in the event of a major weather event. The effectiveness of
Signage at each point was not considered at the time of this evaluation but should be considered at a future date. Private crossovers were not evaluated at this time but should be included at a future date. In summary, the condition of our dune system is good. There are crossovers that should be extended to traverse the entirety of the dunes as they have naturally grown over time. There are several points at which dunes could be improved over time with additional sand fencing or more quickly with an application of artificial dunes. Most importantly, there are four vehicle access points that weaken the dune system dramatically because they are relatively large and “at grade”. As we consider our recommendation we must be mindful of City emergency vehicle access (fire and police), adequate public access (number and locations), ADA access (height, degree of slope, and wheelchair accessibility) requirements, GADNR Shoreline Protection and Coastal Marshlands Protection requirements (crossover construction specifications), and City Public Works access. We must also consider our recommendation in the context of the broader City Public Works Plan for appropriate storm water management, the City Emergency Management Plan for evacuation during a major storm event, and the City budget. Coming out of our recent experience with Storm Matthew of the fall of last year and the work the Corps of Army Engineers is expected to undertake this fall to renourish the beach sand we lost in the storm, we have a unique opportunity immediately in front of us to strengthen our dune system.
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With this in mind, we offer the following recommendation for consideration of the Beach Task Force to offer a proposal to City Council.
Recommendation
The Beach Task Force, in its duty to promote beach preservation and prevention of
shoreline erosion, and given its responsibility to serve as a consultant body on beach
and shoreline issues and to make recommendations on such to the City Council, hereby
recommends the following, in order of priority:
1. Add a raised vehicular crossover at 14th Street to accommodate emergency and DPW vehicles and reconstruct the pedestrian crossover, extending it to the seaward edge of the dunes. This can be done as part of the repair to the drainage system, repave parking, and straighten pedestrian crossover at 14 ½ Street (in front of Tybee Hotel) 2. Close the 18th Street crossover to vehicular traffic,
3. Add a raised vehicular crossover at Center Street by building a dune,
4. Close the 2nd and 3rd Street crossovers to vehicular traffic by building dunes and
construct a pedestrian crossover at each location, extending them each to the
seaward edge of the dunes,
5. Remove the current vehicular crossover at Gulick Street, add a raised vehicular crossover by building a dune, and replace the pedestrian crossover, extending it to the seaward edge of the dune system, 6. Raise the vehicular crossover at 19th Street by building a dune, 7. Improve dunes with additional sand fencing at the following crossovers: a. 17th Street
b. 16th Street
c. 9th Street
d. Center Street
e. 2nd Street
f. 3rd Street
8. Extend the pedestrian crossovers to the seaward edge of the dunes at the
following: a. 11th Place b. 11th Street c. 14th Street
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Rationale The 19th Street crossover is used for emergency vehicle access and is the main access point for movie production since it is out of the main traffic flows, both vehicular and pedestrian. The 18th Street crossover is currently used by emergency vehicle access but in doing so, they are going against traffic on the Strand to reach the Beach Emergency Station on the Tybrisa Circle, creating a difficult and dangerous situation. This crossover also begins at a choke point for traffic as vehicles come off the Strand going out 18th and vehicles also come in 18th. Closing this vehicle access point removes an “at grade” weak point and clears up traffic congestion. The pedestrian crossover would remain. The 14th Street crossover is currently only pedestrian but needs to be renovated, during which time it could be widened to accommodate vehicles. Emergency vehicles would then be going with traffic to reach the Beach Emergency Station on Tybrisa. The parking lot in front of Tybee Hotel, referred to as the 14 ½ Street crossover, is in need of improved drainage for storm water. Given the work that needs to be done, we recommend the 14th Street crossover be improved during the larger project of improving and repaving this parking lot area, so that emergency vehicle traffic can be better accommodated in the renovation. Center Street, 3rd, and 2nd Streets are adjacent vehicular crossovers and serve the middle of the Island, which is one of the highest density visitor crossovers due to availability of rental units and is the most productive turtle nesting area (from 12th Street to Center Street). Each is an “at grade” access point with no specific pedestrian crossover. Center Street is a key emergency vehicle access point with direct access to the fire station and helipad at Memorial Park. By closing 18th, 2nd, and 3rd to traffic we remove three of the most critical flooding points realized during Hurricane Matthew and provide adequate and more effective emergency vehicle and DPW vehicle access to and from the beach. We would need to create dunes to close these vehicular access points and should consider installing artificial dunes as a base for more rapid dune creation, coincident with improved dune fencing in these areas. Of particular note is that sand is most effective in preventing storm surge flooding when part of an entrenched dune system. Plowing loose sand from the beach to dam up the at-grade access points at the time of a major storm would do nothing to prevent flooding. The water would simply wash the sand away. It is vital that we build an integral dune system, with a combination of artificial dunes and improved dune fencing. Both crossovers at Gulick Street are in need of repair and improvement. We recommend the small trestle bridge be removed and the vehicular access be raised at the time the pedestrian crossover is renovated.
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Because the dune system grows naturally over time the crossovers at 11th Place, 11th Street, and 14th Street should be extended. Any crossover that does not fully cover the extended dune field is a weak point providing storm surge access. Where we recommend improved dune fencing are areas that were damaged during Hurricane Matthew and areas where dune creation is slow, particularly at the nodal point of the beach – the narrowest point of the beach – in the middle of the Island. They are also areas where pedestrians have taken short cuts and, over time, create multiple holes through the dunes. With improved dune fencing we can limit access points within the dune system. In making our recommendation we are cognizant of the importance of the ADA requirements for public beach access. These requirements are included in this report. Respectfully, The Beach Task Force Committee
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