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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.” 20170427AmendedPacket Page 2 of 92 20170424/jrl 20170427AmendedPacket Page 3 of 92 20170424/jrl 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. 20170427AmendedPacket Page 4 of 92 20170424/jrl " City Council s approval to the establishment of the new fund, Special Revenue Grant Fund 220 for fiscal year 2016-2017 for the amount of $3,811,100 to account for grant reimbursement eligible General Fund operating and capital cost incurred by the City due to Hurricane Matthew " Appointment of City Manager, Shawn Gillen, Draft Contract. Discussion: Mr. Hughes stated he did receive a signature page. " Tybee Island Sand Dune Restoration. Discussion: To accept bid by Environmental Services, Inc. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies " Call to Order " Invocation  Pastor David Laughner, Chapel by the Sea Baptist Church " Pledge of Allegiance Reports of Staff Angela Hudson, Finance Director, approached Mayor and Council to discuss Disaster Funding due to Hurricane Matthew. Ms. Hudson directed Mayor and Council to a handout (attached). She stated currently the City has an estimated amount of $3.4M in expenditures which is the debris removal for the trees and white goods to include monitoring services. She continued as FEMA has agreed to provide funding for a partial re-nourishment. They have committed to $936,000 overall with an additional $17,000 for additional work. The City spent $42,500 for overtime which will be reimbursed from FEMA. Equipment reimbursement is estimated at $40,000. Ms. Hudson stated the Tybee Island YMCA Gym is not complete as well as the Infrastructure. FEMA is only paying $136,000 of the $148,000 for the restoration of the North Beach Parking Lot as $11,800 was for new construction. She continued, currently the City has dispersed $1.9M and cash on hand is $2.7M that is used for operating which is a combination in a checking account and State checking account. There is $2.9M in reserves, which is total of cash on hand of $5.7M (general fund money). This does not include SPLOST. Mr. Major asked in regards to the $7.7M fund balance as of April 12, 2017, if the projected $2.9M back from FEMA/GEMA, does that add to the number. Ms. Hudson confirmed. Ms. Doyle directed Ms. Hudson to the line item for beach sand restoration project. She stated $953,000 will be given by FEMA, does this include dune restoration or sand. Ms. Hudson responded mostly sand. Mayor Buelterman explained the Corps of Engineers (COE) feeling was the Island did not have sufficient damages to justify them re-nourishing the beach. After reviewing, it was determined the beach sustained sufficient damages and the COE will commit $2.8M toward a re-nourishment which does not include the dunes. The City s share would be $1.8M which Mayor Buelterman is working to get from the County. Mayor Buelterman would like Mayor and Council to consider contacting FEMA and the contractor they designate, to purchase extra sand and place where needed for dune restoration. Ms. Doyle thanked Mayor Buelterman for his explanation. She then asked Ms. Hudson for 20170427AmendedPacket Page 5 of 92 20170424/jrl 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 20170427AmendedPacket Page 6 of 92 20170424/jrl 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 20170427AmendedPacket Page 7 of 92 20170424/jrl 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 20170427AmendedPacket Page 8 of 92 20170424/jrl 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 20170427AmendedPacket Page 9 of 92 20170424/jrl 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 20170427AmendedPacket Page 10 of 92 20170424/jrl 20170427AmendedPacket Page 11 of 92 20170424/jrl 20170427AmendedPacket Page 12 of 92 20170424/jrl 20170427AmendedPacket Page 13 of 92 20170424/jrl 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 20170427AmendedPacket Page 14 of 92 20170424/jrl 20170427AmendedPacket Page 15 of 92 20170424/jrl 20170427AmendedPacket Page 16 of 92 20170424/jrl 20170427AmendedPacket Page 17 of 92 20170424/jrl 20170427AmendedPacket Page 18 of 92 20170424/jrl 20170427AmendedPacket Page 19 of 92 20170424/jrl 20170427AmendedPacket Page 20 of 92 20170424/jrl 20170427AmendedPacket Page 21 of 92 20170424/jrl 20170427AmendedPacket Page 22 of 92 20170424/jrl 20170427AmendedPacket Page 23 of 92 20170424/jrl 20170427AmendedPacket Page 24 of 92 20170424/jrl 20170427AmendedPacket Page 25 of 92 20170424/jrl 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 20170427AmendedPacket Page 26 of 92 20170424/jrl 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 20170427AmendedPacket Page 27 of 92 20170424/jrl 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 20170427AmendedPacket Page 28 of 92 20170424/jrl 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: 20170427AmendedPacket Page 29 of 92 20170424/jrl (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. 20170427AmendedPacket Page 30 of 92 20170424/jrl 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 20170427AmendedPacket Page 31 of 92 20170424/jrl 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 20170427AmendedPacket Page 32 of 92 20170424/jrl 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 20170427AmendedPacket Page 33 of 92 20170424/jrl 1641381.1 ATTEST: By: ___________________________________ Clerk of Council Tybee/Resolutions/2017/Volkswagen 20170427AmendedPacket Page 34 of 92 20170424/jrl 20170427AmendedPacket Page 35 of 92 20170424/jrl 20170427AmendedPacket Page 36 of 92 20170424/jrl 20170427AmendedPacket Page 37 of 92 20170424/jrl 20170427AmendedPacket Page 38 of 92 20170424/jrl 20170427AmendedPacket Page 39 of 92 20170424/jrl 20170427AmendedPacket Page 40 of 92 20170424/jrl 20170427AmendedPacket Page 41 of 92 20170424/jrl 20170427AmendedPacket Page 42 of 92 20170424/jrl 20170427AmendedPacket Page 43 of 92 20170424/jrl 20170427AmendedPacket Page 44 of 92 20170424/jrl 20170427AmendedPacket Page 45 of 92 20170424/jrl 20170427AmendedPacket Page 46 of 92 20170424/jrl 20170427AmendedPacket Page 47 of 92 20170424/jrl 20170427AmendedPacket Page 48 of 92 20170424/jrl 20170427AmendedPacket Page 49 of 92 20170424/jrl 20170427AmendedPacket Page 50 of 92 20170424/jrl 20170427AmendedPacket Page 51 of 92 20170424/jrl 20170427AmendedPacket Page 52 of 92 20170424/jrl 20170427AmendedPacket Page 53 of 92 20170424/jrl 20170427AmendedPacket Page 54 of 92 20170424/jrl 20170427AmendedPacket Page 55 of 92 20170424/jrl 20170427AmendedPacket Page 56 of 92 20170424/jrl 20170427AmendedPacket Page 57 of 92 20170424/jrl 20170427AmendedPacket Page 58 of 92 20170424/jrl 20170427AmendedPacket Page 59 of 92 20170424/jrl 20170427AmendedPacket Page 60 of 92 20170424/jrl 20170427AmendedPacket Page 61 of 92 20170424/jrl 20170427AmendedPacket Page 62 of 92 20170424/jrl 20170427AmendedPacket Page 63 of 92 20170424/jrl 20170427AmendedPacket Page 64 of 92 20170424/jrl 20170427AmendedPacket Page 65 of 92 20170424/jrl 20170427AmendedPacket Page 66 of 92 20170424/jrl 20170427AmendedPacket Page 67 of 92 20170424/jrl 20170427AmendedPacket Page 68 of 92 20170424/jrl 20170427AmendedPacket Page 69 of 92 20170424/jrl 20170427AmendedPacket Page 70 of 92 20170424/jrl 20170427AmendedPacket Page 71 of 92 20170424/jrl 20170427AmendedPacket Page 72 of 92 20170424/jrl 20170427AmendedPacket Page 73 of 92 20170424/jrl 20170427AmendedPacket Page 74 of 92 20170424/jrl 20170427AmendedPacket Page 75 of 92 20170424/jrl 20170427AmendedPacket Page 76 of 92 20170424/jrl 20170427AmendedPacket Page 77 of 92 20170424/jrl 20170427AmendedPacket Page 78 of 92 20170424/jrl 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. 20170427AmendedPacket Page 79 of 92 20170424/jrl 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 20170427AmendedPacket Page 80 of 92 20170424/jrl 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. 20170427AmendedPacket Page 81 of 92 20170424/jrl 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 20170427AmendedPacket Page 82 of 92 20170424/jrl 20170427AmendedPacket Page 83 of 92 20170424/jrl 20170427AmendedPacket Page 84 of 92 20170424/jrl 20170427AmendedPacket Page 85 of 92 20170424/jrl 20170427AmendedPacket Page 86 of 92 20170424/jrl 20170427AmendedPacket Page 87 of 92 20170424/jrl 20170427AmendedPacket Page 88 of 92 20170424/jrl 20170427AmendedPacket Page 89 of 92 20170424/jrl 20170427AmendedPacket Page 90 of 92 20170424/jrl 20170427AmendedPacket Page 91 of 92 20170424/jrl 20170427AmendedPacket Page 92 of 92 20170424/jrl