HomeMy Public PortalAbout20170511CityCouncilPacket.pdfTable of Contents
000_000_20170511Agenda....................................................................................................................................................................................... 1040_010_ Proclamation....................................................................................................................................................................................... 3050_010_20170427Minutes....................................................................................................................................................................................... 4090_010_20170417 VARIANCE -23 TERESA LN....................................................................................................................................................................................... 7 20170417 VARIANCE -23 TERESA LN....................................................................................................................................................................................... 8 VARIANCE 23 TERESA....................................................................................................................................................................................... 8 Untitled_20170407_154049_001....................................................................................................................................................................................... 17 Untitled_20170407_154032_001 A....................................................................................................................................................................................... 26 B....................................................................................................................................................................................... 29090_020_20170417 ART.2,SEC 2-010 definitions....................................................................................................................................................................................... 35 A-20170417_PC_AGENDA.pdf PLANNING COMMISSION INTERIM CITY MANAGER....................................................................................................................................................................................... 36 Demery Bishop George Shaw....................................................................................................................................................................................... 36 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 36090_030_20170417_PC_MINUTES....................................................................................................................................................................................... 42 PLANNING COMMISSION INTERIM CITY MANAGER....................................................................................................................................................................................... 42 Demery Bishop George Shaw....................................................................................................................................................................................... 42 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 42110_010_Agenda for Loomis Contract May 11 2017....................................................................................................................................................................................... 45 May 11, 2017 loomis safe point....................................................................................................................................................................................... 45 City of Tybee Loomis Agreement{1617379 1....................................................................................................................................................................................... 46 SAFEPOINTP®P AGREEMENT....................................................................................................................................................................................... 46 UAdditional Safes and Safe:U CUSTOMER acknowledges and agrees that any safes added to this
Agreement after the Effective Date shall be subject independent term periods equal to the Initial Term starting on the
date of safe installation plus any applic.......................................................................................................................................................................................... 46 Safe Specifications:....................................................................................................................................................................................... 46 Deposit and Conjunctive Change service and delivery of items at the following location(s) to/from
CUSTOMER’s designated, mutually agreed-upon location(s):....................................................................................................................................................................................... 46 Cash Management Specifications:....................................................................................................................................................................................... 47 Total Monthly Package Fee: $_____.00 per month per Safe unit, plus all applicable taxes and charges
(e.g., fuel and Ancillary Items) due and payable as set forth in the terms and conditions........................................................................................................................................................................................ 47 This total package includes: Use of the Safe, transportation and cash management services. Also
included is a manufacturer’s warranty on the Safe........................................................................................................................................................................................ 47 UExcess Item HandlingU: A fee of $1.50 per Item is assessed when the number of Items exceeds 10
Items per shipment. An “Item” refers to the number of containers, sealed bags or other vessels LOOMIS is required to
transport........................................................................................................................................................................................ 47 Decline....................................................................................................................................................................................... 49130_021_Amendment to del Symbol hw-Tybee Island GA-NS-01.19.17
....................................................................................................................................................................................... 61140_010_20170116HPCminutes....................................................................................................................................................................................... 62
AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
MAY 11, 2017 7:00PM
Please silence all cell phones during Council Meetings
I. Consideration of Items for Consent Agenda 6:30PM
II. Executive Session
III. Opening Ceremonies
1 Call to Order
2 Pledge of Allegiance
3 Invocation
IV. Recognitions and Proclamations
1 Proclamation: Mental Health Month
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 City Council Minutes, April 27, 2017
VI. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
VII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
VIII. Consideration of Approval of Consent Agenda
IX. Public Hearings
1 Variance/Marsh Buffer: Consideration to build in the Marsh Buffer: 23 Teresa Lane, Zone R-2
2 First Reading, 2017-07: Article 2, Sec 2-010, Land Development Code: Definitions of
Foundation, Grade and Slab
3 Planning Commission Minutes, April 17, 2017
X. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
XI. Consideration of Bids, Contracts, Agreements and Expenditures
1 City Council’s approval of contract with Loomis Safe Point for Cash Vault Services
XII. Consideration of Ordinances, Resolutions
XIII. Council, Officials and City Attorney Considerations and Comments
1 Jason Buelterman
i. Extension of water lines to Lazaretto Creek area for purpose of adding fire hydrants
2 Bubba Hughes
i. Encroachment Issue and Request for Conveyance of Strip of Lane, 29 Meddin Drive
ii. Tyler Amendment
XIV. Minutes of Boards and Committees
1 Historic Preservation Commission Minutes, January 16, 2017
2 Downtown Authority/Main Street BOD Minutes, March 15, 2017
XV. Executive Session
1 Discuss litigation, personnel and real estate
XVI. Possible vote on litigation, personnel and real estate discussed in executive session 20170511CityCouncilPacket Page 1 of 65 20170505/jrl
XVII. 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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Proclamation of May as Mental Health Month
WHEREAS, mental health is essential to everyone’s overall health and well-being;
mental illnesses are real and prevalent in our nation, and half of us will have a mental
health diagnosis at some point in our lives; and
WHEREAS, all Americans experience times of difficulty and stress in their lives, and should feel comfortable in seeking help and support to manage these times; and
WHEREAS, engaging in prevention, early identification, and early intervention are as
effective ways to reduce the burden of mental illnesses as they are to reduce the
burden of other chronic conditions; there is a strong body of research that identifies behavioral health risks and supports specific tools that all Americans can use to protect
their health and well-being; and
WHEREAS, with effective early treatment, all individuals with mental illnesses – even
serious mental illnesses - can make progress toward recovery and lead full, productive lives; and jails and prisons have often become the default places of custodial care for
even nonviolent people with serious mental illnesses; and
WHEREAS, each business, school, government agency, healthcare provider,
organization and citizen has a responsibility to promote mental health and well-being for all.
THEREFORE, I, Jason Buelterman, the Mayor of the City of Tybee Island, Georgia, do
hereby proclaim May 2017 as Mental Health Month on Tybee Island, Georgia. As the
Mayor, I also call upon the citizens, government agencies, public and private institutions, businesses and schools on Tybee Island, Georgia to recommit our
community to increasing awareness and understanding of mental health, the steps our
citizens can take to protect their mental health, and the need for appropriate and
accessible services for all people with mental illnesses at all stages, and especially in its
early stages.
______________________
Jason Buelterman, Mayor
May 11, 2017
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City Council Minutes, 20170427
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on April 27, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill
Garbett. Also attending were George Shaw, Interim City Manager; Bubba Hughes, City
Attorney; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• Municipal Clerks Week, May 7 – 13, 2017. Discussion: Mayor Buelterman read the
Resolution for Municipal Clerk’s Week and thanked the Clerk, Ms. LeViner.
• Minutes, City Council Meeting, April 13, 2017
• Minutes, Special City Council Meeting, April 19, 2017
• Alcohol License Request: Special Event – Beer and Wine – Turtle Trot, April 29, 2017
• Jason Buelterman, Out of State Travel, May 2 – 3, 2017, Washington, DC
• 2017 Georgia Exceptional Main Street MOU
• Resolution, Volkswagen Group of America
• RFP, North Beach Concession. Discussion: Approval subject to the insertion of the Monthly Consideration and term of the Agreement.
• Beach Re-nourishment Confirmation, COE. Discussion: Mayor Buelterman stated this is something that needs to be done. A check has not been received from the County as
of yet and the COE is requesting payment of the City’s share as soon as possible. Mr.
Shaw confirmed a budget adjustment has been made. Mayor Buelterman requested
authorization for the City to issue a check for $100,400. There was a brief discussion regarding the use of materials on the beach from the dredging of the Savannah River
from the deepening of the harbor.
John Balthrop, President, Tybee Island Youth Council called the meeting to order.
Opening Ceremonies – Tybee Island Youth Council
• Call to Order
• Posting of the Colors
• Pledge of Allegiance
• Invocation – JaNiya Bowers, Sr. Advisor Reports from Tybee Island Youth Council
• Joey Webster, Sr. Advisor, Macon – Cherry Blossom Festival
• Ryan Abbuhl, Vice President, Macon – Cherry Blossom Festival
• Trey Travaille – Car Wash/Bake Sale
• Ethan Lormond – Memorial Park Extravaganza
• Katie Balthrop, Update on fund raiser, Talent Show
• Sam LeCates, Proposed Ordinance, Bicycle Lanes
• Ava Thomas, Proposed Ordinance, Beach Litter
• Presentation to Mayor Buelterman
President Balthrop adjourned the Youth Council’s portion of the meeting and turned the gavel
over to Mayor Buelterman.
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Mayor Buelterman called the regular meeting to order at 7:20PM. All those present for the
consent agenda were present.
Frank Wooldridge, Beach Task Force, approached Mayor and Council to present a proposal
for improved shoreline protection. Mr. Wooldridge stated recently representatives from the Beach Task Force: Alan Robertson, George Shaw, Joe Wilson, Jimmy Brown, Chief Fields and
Deb Barreiro, DNR examined all 27 of the City’s public access points. He continued, the
assessment evaluated access points based on type of crossover, pedestrian or vehicular;
condition of crossover, whether critical to emergency access or heavy pedestrian traffic during
season; flooding potential; and if the City could readily damn the access point in the event of a
major weather event. Private crossovers were not included. Mr. Wooldridge stated the
recommendations include considerations for city emergency vehicular access and adequate public access. There are four vehicular access points that weaken the dune system as they are
rather large and at grade. These include 18th Street, Center Street, 2nd Street and 3rd Street.
Center Street is a key emergency vehicular access point with direct access to the Tybee Island
Fire Station. Closing 18th, 2nd and 3rd Streets access to traffic removes three of the most critical flooding points realized during Hurricane Matthew and provides adequate more effective
emergency vehicular and DPW access to and from the beach. He further recommended these
access points be closed and install artificial dunes. Other recommendations include (1)
improvement of the 14th Street crossover; (2) Gullick Street crossover improvement; and (3)
crossovers at 11th Place, 11th Street and 14th Streets need to be extended as the dune system
grows naturally over time and any crossover that does not fully cover the extended dune field is
a weak point. In conclusion, the Committee recommends building an interim dune system with a combination of artificial dunes and improved dune fencing. Mayor Buelterman thanked the
Committee for their recommendations. Ms. Doyle recommended this report be included on a
future workshop agenda so as to implement the Committees recommendations. Mayor
Buelterman recommended Mr. Shaw move forward with a meeting with Erik Olsen, Coastal Engineer, to discuss gaps in the dune system, permitting, as well as the Committees findings.
Mr. Shaw confirmed. Mayor Buelterman would like to attend the meeting as well.
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 6-0.
Consideration of Ordinances, Resolutions Second Reading, 2017-09, Sec 18-6, Emergency Management and Response Powers. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-
0.
Second Reading, 2017-1-C, Sec 3-090 (D), Height. Bill Garbett made a motion to
approve. Monty Parks seconded. Voting in favor were Julie Livingston, Monty Parks, John
Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion to approve 5-1.
Council, Officials and City Attorney Considerations and Comments North Beach Grill Status. Mr. Hughes stated the North Beach Grill had a re-inspection and
the grade was much higher, 84. It is also his understanding their attorney will provide a letter
to the Chatham County Health Department regarding no food products to be stored in the Battery. Ms. Doyle requested the City Marshal check on what might be stored in the Battery
currently. Mr. Major would like a copy of any communication from the Chatham County Health
Department for the record. Mr. Hughes confirmed.
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Wanda Doyle made reference to a hand-out from 80 East and Sundae Café regarding Tybee
Island YMCA – Teen Cuisine/Cafeteria Equipment as they are proposing to add new
equipment to kitchen area to enhance the use of the cafeteria. With this new equipment it will
provide new equipment as well as a better learning environment for the participants of the
Teen Cuisine Program. It is also the sponsors intent to provide possible scholarship monies for those interested in perusing a culinary career.
Recommendation from Beach Task Force regarding Crossovers. This to be included
with Mr. Wooldridge’s presentation. Monty Parks stated the loan for the Tybee Post Theater is being considered “off the books”
and the City has already waived payment on one of their 6-month payments. Mr. Parks recommended forgoing the receipt of payment and call it even. He explained the City is to
receive $1.00 per ticket and this has already been refunded to them. Mr. Garbett stated Ms.
Hudson considers this a bad debt and recommended a document of the status needs to be part
of the record. Mr. Hughes concurred and recommended a document that reflects what is being done and what consideration is going to the City as a result as effectively making these
payments needs to be forthcoming. He further recommended an Addendum be added to the
Agreement reciting additional opportunities for the City to use so there is consideration flowing to the City. Ms. Doyle stated her concerns. Mr. Garbett would like a document stating what is
occurring and should be addressed in the budget cycle. Mr. Mayor concurred.
Ms. Doyle stated Mayor pro tem Brown request for a Second set of stairs (egress) was
discussed at the Public Safety Committee meeting and will be sent to the Planning Commission
for their consideration. Ms. Doyle stated this applies to new construction only.
Julie Livingston made a motion to adjourn to Executive Session to discuss litigation and
personnel. Wanda Doyle seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous,
6-0.
Meeting adjourned at 8:45PM
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MAYOR Jason Buelterman
CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett
Julie Livingston John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER Interim George Shaw CLERK OF COUNCIL Janet LeViner
CITY ATTORNEY Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 05/11/2017
Item: Variance/ Marsh Buffer
Explanation: Sec. 3-090.1. - Streams, lakes, coastal marshlands and freshwater wetlands buffer/setback -
Consideration to build in the Marsh Buffer - 23 Teresa Lane - Zone R2
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 05/04/2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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STAFF REPORT
PLANNING COMMISSION MEETING: April 17, 2017 CITY COUNCIL MEETING: May 11, 2017
LOCATION: 23 Teresa Lane (PIN 4-0022-01-373)
APPLICANT: Andrew T. Reilly III OWNER: Heidi Dohmen
EXISTING USE: vacant lot PROPOSED USE: new single-family dwelling
ZONING: R-2 USE PERMITTED BY RIGHT: yes
COMMUNITY CHARACTER MAP: North Beach Neighborhood
APPLICATION: Zoning Variance (5-090) from Section 3-090.1 (Streams, Lakes, Coastal Marshlands, Freshwater Wetlands Buffer/Setback).
PROPOSAL: The applicant is requesting a marsh buffer variance for construction on a vacant, R-2 lot of record.
ANALYSIS: The general character of the area surrounding this lot is residential. The requested variance does meet the “hardship” test outlined in Land Development Code Section 5-090 (A):
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including
irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance,
that is peculiar to the particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict
conformity with the provisions of this Land Development Code, without undue hardship to the property. As stated in Sec. 3-090.1 A buffer shall be maintained for a minimum of 25 feet along all coastal marshlands,
measured horizontally from the estuarine area. All land disturbing activity is prohibited within the 25-foot buffer unless a variance or buffer encroachment permit is granted.
The proposed development will encroach 15’ into the buffer on the west side and 5’ or less on portions of the south side (front). The marsh is delineated by an existing bulkhead on the west and south sides of the parcel. While it is
possible to build a home with the constraints of the marsh buffer the applicant requests to build in a similar manner
as the other neighboring properties in his neighborhood that are only setback 10’ from the bulkhead.
The Comprehensive Plan describes the North Beach Neighborhood as follows:
This area contains a significant amount of natural, cultural, and historic resources. The broad collection of land uses also includes new larger-scale residential developments, traditional cottage-style homes,
townhomes, condominiums, restaurants, and other public uses. Two of the City’s most notable historic sites are located in this area including the Tybee Lighthouse and Fort Screven Museum/Battery. Other characteristics include narrow streets, street trees, public and private beach access, public parking, pedestrian and bicycle traffic, and public parks.
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The proposed single-family dwelling meets the only applicable Recommended Development Strategy outlined in
the Comprehensive Plan, Section 1.2.9, North Beach Neighborhood. The other seven strategies are more
appropriate for historic structures or municipal projects and are not reflective of the consistency of this project with the Comprehensive Plan.
Comprehensive Plan – Community Character Area North Beach Neighborhood – Section 1.2.9
Recommended Development Strategies Meets Strategy
Y/N or N/A
1. New development, redevelopment and restoration should be consistent with existing character
of the area in terms of mass, scale, use and density.
Y
2. Establish standards and design guidelines for signage. Develop a "theme" for signage to
ensure that it is consistent and fits with the character of the area and the Island as a whole.
N/A
3. Provide signage for landmarks and commercial businesses in this area. N/A
4. Historic structures should be preserved whenever possible. N/A
5. The City should provide appropriate incentives for historic restoration projects. N/A
6. Pursue historic district/historic structure designations for appropriate areas within this district. N/A
7. Ensure continued preservation of old growth trees, parks and greenspace. N/A
8. Support the continued development of the Tybee Island bikeway including bike lanes and
multi-use trails.
N/A
STAFF FINDING
Staff believes that this lot is developable within the existing buffer constraints. Staff also recognizes that due to the
buffer constraints building without a variance will create a house that may be smaller than many of the neighboring homes. The buffer constraints would reduce the footprint by just over 1000’ square feet which would still leave
over 3000’ square feet upon which to build two habitable floors and an additional floor for parking and storage.
Staff recommends denial.
This Staff Report was prepared by George Shaw. ATTACHMENTS
A. Variance application (5 pages) B. Survey (1 page)
C. Site Plan (1 page)
D. SAGIS map (1 page)
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MAYOR Jason Buelterman
CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett
Julie Livingston John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER Interim George Shaw CLERK OF COUNCIL Janet LeViner
CITY ATTORNEY Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 05/11/2017
Item: Text Amendment
Explanation: To Article 2, Sec.2-010, of the land development code concerning definitions of foundation, grade
and slab.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 05/04/2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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PLANNING COMMISSION INTERIM CITY MANAGER
Demery Bishop George Shaw
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting AGENDA April 17, 2017 – 7:00 p.m.
For City Council Meeting May 11, 2017 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of March 20, 2017
C. Disclosures/Recusals:
D. New Business: Text Amendment: To Article 2, Sec.2-010, of the land development code concerning
definitions of foundation, grade and slab.
E. Variance/ Marsh Buffer: Sec. 3-090.1. - Streams, lakes, coastal marshlands and freshwater wetlands buffer/setback - Consideration to build in the Marsh Buffer - 23 Teresa Lane
Zone R2
Adjournment:
Lisa L. Schaaf
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STAFF REPORT
PLANNING COMMISSION MEETING: April 17, 2017 CITY COUNCIL MEETING: May 11, 2017
LOCATION: N/A
APPLICANT: City of Tybee Island OWNER: N/A
EXISTING USE: N/A PROPOSED USE: N/A
ZONING: N/A USE PERMITTED BY RIGHT: N/A
COMMUNITY CHARACTER MAP: N/A
APPLICATION: Amendment to Article 2, Section 2-010 to add definitions for Foundation, Grade and Slab
PROPOSAL: Definitions for Foundation, Grade and Slab did not exist at the time of the ordinance amendment to
modify how height is measured from existing structures or slabs.
ANALYSIS: These definitions will help in understanding the terms used in the amendment to modify how height is measured from existing structures. This reduces ambiguity in the ordinance.
STAFF FINDING Staff recommends approval
This Staff Report was prepared by George Shaw. ATTACHMENTS
A. Amendment
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PLANNING COMMISSION INTERIM CITY MANAGER
Demery Bishop George Shaw
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting MINUTES April 17, 2017
Chair Bishop called the April 17, 2017 Tybee Island Planning Commission meeting to order.
Commissioners present were: Ron Bossick, David McNaughton, Charles Matlock, John King, Tina Gann and Alan Robertson.
Consideration of Minutes:
Chair Bishop asked for consideration of the March 20, 2017 meeting minutes. Commissioner Matlock made a motion to approve and Commissioner Robertson seconded, the vote to approve was unanimous, without a vote from Vice Chair Bossick, who did not attend the March 20th meeting.
Disclosures/Recusals:
Chair Bishop asked if there were any disclosures or recusals, there were none.
New Business: Text Amendment: To Article 2, Sec.2-010, of the land development code concerning definitions of foundation, grade and slab.
Mr. Shaw approached the Commission and stated the Height amendment that was just recently passed had a few items that were left out in the definition section (foundation grade and slab) also there is another change in the way to measure the height of a building, both of those will be on the next
agenda. Commissioner Matlock asked if we should define footing. Mr. Shaw stated that it is a
common construction term and is not necessary, but if he would like it changed he would. Commissioner Robertson made a motion to approve and Vice Chair Bossick seconded, the vote to approve was unanimous.
Variance/ Marsh Buffer: Sec. 3-090.1. - Streams, lakes, coastal marshlands and freshwater
wetlands buffer/setback - Consideration to build in the Marsh Buffer - 23 Teresa Lane Zone R2
Mr. Shaw approached the Commission and stated the applicant Mr. Reilly was interested in purchasing a property in the North Wave Subdivision, 23 Teresa Lane and he stated it is located in an
area that has dunes on one side and marsh on two sides. A number of the homes in that neighborhood
also have bulkheads and are well within the 25’ marsh buffer, and he is not sure how they were built
that way but they exist. The Applicant, Mr. Reilly, would like to build something similar to the existing neighbors using the ten foot side yard setback instead of the 25’ marsh buffer setback. Mr. Shaw also stated that with the marsh buffer setback the footprint would still leave over a 3,000 square
footprint and staff feels that would be a developable footprint and recommends denial of the
application. Chair Bishop asked what would be the area that would encroach the marsh. Mr. Shaw
stated on the proposed building footprint there is a 15’ by 67’ section that encroaches the marsh
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buffer. There is also a small portion of the front of the house that will also be in the front marsh buffer
that is not shown on the survey. Chair Bishop also stated that he did not see any signage on the property. Mr. Shaw stated that the sign had been blown down, he had the City Marshall replaced it,
and we did have proper advertising. Commissioner McNaughton stated that he could not follow the
survey and information. Commissioner King asked if the north side of the property where it crosses
the Shore Protection Act jurisdiction line was our concern. Mr. Shaw stated it is not the City’s
concern and the DNR stated they should be able to get an exception for that, but they do meet our 10’ toe of the dune in this layout. Chair Bishop asked if the beach access easement will be relocated. Mr.
Shaw stated that there is discussion of Mr. Reilly relocating it to the other side if needed with
neighbor’s approvals. Commissioner Matlock asked if there had been any feedback from
surrounding neighbors. Mr. Shaw stated he did get a letter from one neighbor that gave approval. Commissioner McNaughton stated he was very curious about how these other houses were built in the setback. Mr. Shaw stated he was also curious and he does not think anything can be done at this
point and nothing has been found in researching so far and his guess is they were approved that way
but does not know that for a fact. Chair Bishop asked if there was any kind of hardship on this
variance. Mr. Shaw stated that there is not one that meets the Code. Vice Chair Bossick stated that
there is a new home to the north and it looks like they fit the footprint and he doesn’t think there was a variance for that one. Mr. Shaw stated that one is in the proper setback footprints and was just
recently finished. Mr. Brown approached the Planning Commission and stated that Mr. Reilly wants
to be treated fairly and he stated that he built a few of the houses in that neighborhood and does not
recall any variances and he does not know if there might have been a blanket variance when the
subdivision was developed maybe in the archives somewhere because everyone of the houses in there are 10’ off the marsh buffer. He also stated this plan is just a border of what could go in the area and
Mr. Reilly is a single parent with three boys and he also takes care of his parents so he needs a little
space and he would like to build like the rest of the houses in that neighborhood. Commissioner
McNaughton asked if the lot had been bought yet by the Petitioner. Mr. Brown stated no and this
variance will determine if Mr. Reilly will buy the lot or not. Chair Bishop asked Mr. Brown about his statement of a blanket subdivision easement. Mr. Brown stated he vaguely remembers something
about that but can’t really remember much about it, but that he never went for a variance when he was
building in there. Chair Bishop also stated that if there is something like that we are bound to that
document. Mr. Brown stated that Mr. Hughes is looking into that now, because the whole
Sedimentation Act came in after that neighborhood was built. Mr. Shaw stated that is correct although we have been unsuccessful in finding anything concerning that kind of document and the original
survey says all lots must meet the DNR 25’ setback and the property owner that contacted me stated
he was supposed to build 25’ off the Marsh Buffer. Mr. Shaw also stated he is not sure how someone
could get a blanket easement for a subdivision and that he has never heard of anything like that. Mr. Brown stated it could happen at the development stages of the subdivision. Chair Bishop asked if
that survey was in their package. Mr. Shaw stated no, that survey was found after the packets went
out; Mr. Brown does have a copy with him. Vice Chair Bossick asked if there was a master plan for
this development. Mr. Shaw stated no there was not. Commissioner King asked if the bulkhead
affects the setback. Mr. Shaw stated no it doesn’t, the existing bulk head is just a marsh line at this point. Mr. Brown stated that is not known for sure he is having that looked into. Mr. Craft
approached the Commission and stated he lives at 15 Teresa Lane in North Wave Subdivision and he
bought his lot in 1997. He stated the majority of the lots are built in the Buffer and he thinks he knows
why but he won’t go into that. He also stated Mr. Reilly is just asking for the same thing everyone else
out there has and he hopes the commission will grant this for him. Mr. Reilly approached the commission and stated his name and that he lives at 1 Dorset Court on Wilmington Island in the Old
Town subdivision and he stated how there was so little room for parking and he will not use all the
space but he would like to build a traditional shape home not an odd shape. Commissioner
McNaughton asked Mr. Reilly why are you asking for a variance before you have considered the
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design. Mr. Reilly stated he has a design in mind but is still considering others. Commissioner King
asked if he will not be building in the driveway area. Mr. Reilly stated he only wants to build around a four thousand square foot home at the most so he can have room in the driveway. Commissioner
Matlock asked if he knew he was going to encroach on the buffer. Mr. Reilly stated he did not know
that at first and wanted to find out what the Commission will allow him to do before he goes further.
Vice Chair Bossick asked if the architect showed him any layouts that would not need a variance. Mr. Reilly stated with the buffer setback the shape would be triangular and that would stop him from developing. Mr. Brown approached the Commission and asked Chair Bishop to read a statement from
a plat of North Wave Subdivision, Chair Bishop read number nine statement (all lots adjoining DNR
Jurisdiction line are subject to a 25’ natural line requirement) which he stated means the 25’ line is
required for this lot. Mr. Brown asked Chair Bishop if he can sees where the line stops at lot 22. Chair Bishop stated he cannot interpret what the map shows but he can understand that the note states it is required. Mr. Brown also stated that DNR Deb Barreiro ran the line from a cedar tree that was
planned 4 or 5 years ago instead of going to the house adjacent to the east of this lot, it is diagonal and
makes the lot unbuildable. Chair Bishop stated that is not reflected on the plat. Vice Chair Bossick
stated that it is a DNR discussion not a no build situation. Mr. Kohn approached the Commission and
stated his name, he lives at 12 Teresa Lane and he approves of what Mr. Reilly is wanting, but he does have a concern with the movement of the beach easement, he would like to have that approved by all
the neighbors if it will be moved. Commissioner McNaughton stated if there is any kind of
information that has not been presented to us today I would want to continue. Vice Chair Bossick
stated in Sec. 3-090.1 subsection C1 item A states clearly that new development or new land
disturbing activities will be subject to all applicable buffer requirements, so as of 2014 it is fairly strait forward. Commissioner McNaughton made a motion to deny the variance request and it was
seconded by Commissioner Matlock, the vote was unanimous.
Adjournment: Commissioner King made the motion to adjourn and Commissioner McNaughton seconded meeting
adjourned at 8:20pm.
Lisa L. Schaaf
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City Council Agenda Item Request
Council Meeting Date for Request: May 11, 2017
Item: To obtain the City Council’s approval contract with Loomis Safe Point for Cash Vault Services.
Explanation: Loomis Safe Point can provide the City departments with onsite cash vault services that will
allow the City to deposit cash directly into a cash vaults and receive credit from the bank the same date the
money is placed in the vault, regardless of when Loomis picks up the deposit. Once the money is placed in
the vault Loomis assumes all financial responsibility for the money. Having the vaults installed will
eliminate the need and risk for City Hall and River’s End RV & Campground Park employees from making
cash deposits at the ATM. Once the money is placed inside the vault employees can not access the vault,
only a Loomis employee can open the vault to remove the money.
The Finance Department is also looking into setting up bank accounts with Ameris Bank for the General
Fund in order to receive higher interest rates for our deposits, in addition to reducing the bank service cost
for processing the City’s coin deposits. Currently, the City’s coins are deposited at SunTrust Bank and
although Loomis currently picks up the City’s coin deposits, SunTrust Bank does not have a local vault
locating for counting the coins. SunTrust Bank’s has our coins shipped to Jacksonville, FL to be counted
which increases our bank processing fees. By contracting with Loomis through Ameris Bank, Loomis has
a facility to count the City’s coins locally which will significantly reduce our bank processing fees.
A copy of the Loomis Safe Point agreement is included as an attachment with this agenda item.
Budget: Both the Finance Department and Rivers’ End RV Park Fund have funds budgeted to cover the
cost for the service.
Paper Work: X___ Attached* Already Distributed
Submitted by: Fire Department
May 4, 2017 Date given to Clerk of Council
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SAFEPOINT® AGREEMENT
The following paragraphs of this SafePoint® Agreement (the “Agreement”) outline the agreements and understandings by
and between Loomis Armored US, LLC (“LOOMIS”) a Texas limited liability company, with offices at: 2500 City West Blvd., Ste. 900 Houston, TX 77042
City of Tybee Island, Georgia (“CUSTOMER”) a(n) Municipal corporation, with offices at: 403 Butler Ave. Tybee Island, GA 31328
This Agreement expresses and outlines the services, roles, and responsibilities of the parties. If additional locations are added to the scope of this Agreement, consistent terms and services will be maintained. These promises for such services and their related payments form the basis of this Agreement, made this 7th day of March, 2017. (“Effective Date”). Term: As used in this Agreement, the term “CUSTOMER” expressly includes any agents designated by CUSTOMER. The initial term of this Agreement will begin as to each safe, on the date of installation and shall continue for a period of yfive (5) years per safe. (“Initial Term”). At the expiration of the Initial Term, this Agreement shall automatically be extended for successive like term periods unless either party provides written notice of non-renewal at least sixty (60)
days prior to the end of the then current term. (“Renewal Term”) CUSTOMER agrees that LOOMIS is the exclusive
provider for the services described in this Agreement during the Initial Term and any renewal terms. Except as expressly provided in this Agreement, this Agreement contains no provision for early termination in whole or in part, provided however, that (a) either party may terminate this Agreement upon five (5) days written notice to the other party in the event of the bankruptcy or insolvency of the other party and (b) LOOMIS may terminate this Agreement upon thirty (30) days written notice in the event of a material reduction or cancellation of insurance required pursuant to this Agreement or (C) Customer may terminate this Agreement without any fee or penalty, after the 06-30-2018, and each year of the term thereafter, if sufficient funds are not appropriated to make the payments contemplated hereunder. Note termination for non-appropriation of funds is not considered early termination under Section 12 and is not subject to the default fee. Additional Safes and Safe: CUSTOMER acknowledges and agrees that any safes added to this Agreement after the Effective Date shall be subject independent term periods equal to the Initial Term starting on the date of safe installation plus any applicable Renewal Term. If additional or special services are required, CUSTOMER and LOOMIS agree to negotiate fees for these other services. Before these other services commence, a written amendment, signed by LOOMIS and CUSTOMER, will be attached to this Agreement confirming these additional services. SERVICE SPECIFICATIONS
CUSTOMER and LOOMIS agree to the following Service Specifications: Safe Specifications: Description of Safe and/or equipment delivered (Safe hereinafter referred to as “Safe”): Unit Type # 1 [Titan safes with storage vault Transportation Specifications:
Deposit and Conjunctive Change service and delivery of items at the following location(s) to/from CUSTOMER’s
designated, mutually agreed-upon location(s):
and
Deleted: __
Deleted: ___ ____
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Loomis Branch Customer Location Maximum Liability Coverage
Monthly Rate and safe type Service Frequency Installation Date
3885 Tybee Island Campground $45,000 per shipment $408.45
Single note 1250 capacity with Tube Vend and storage vault
Every other week On or before six weeks from the
date this Agreement is executed.
3885 Tybee Island City Hall $75,000 per shipment $446.18 Bulk note 1250 capacity with storage vault
_Once____ per week (_____)
On or before six weeks from the date this Agreement is executed. 3885 Tybee Island Police Department
$45,000 per shipment $348.52 Single note 1250 capacity with storage vault
Every other week On or before six weeks from the date this Agreement is executed. Cash Management Specifications: Services Deposit Processing & Verification See Exhibit A Change Order Preparation See Exhibit A
Other See Exhibit A Total Monthly Package Fee: $_____.00 per month per Safe unit, plus all applicable taxes and charges (e.g., fuel and Ancillary Items) due and payable as set forth in the terms and conditions. This total package includes: Use of the Safe, transportation and cash management services. Also included is a manufacturer’s warranty on the Safe.
Ancillary Items Storage and Handling Fee: A fee of $275.00 per month per Safe will be charged starting on the month following the agreed upon Installation Date and shall continue until the month following the date that the Safe has been installed to offset the inventory storage, and handling cost associated with each unit. The Storage and Handling Fee shall only apply to the extent of installation delays arising from CUSTOMER’S delays or non-responsiveness. Premise Time: Each service location under this Agreement (regardless of the number of Safes serviced at such location) is allotted seven (7) minutes of service time. Over seven (7) minutes, a fee of $2.50 per minute shall be assessed. Over fifteen (15) minutes, LOOMIS may elect to depart from the service location. Should LOOMIS be requested to return, the
pick-up will be rescheduled as a Special Pick-up and will be charged at an agreed upon fee prior to rendering service.
Research, Special Request and Supply Fee: A fee of $ 65,00____ per hour will be charged for research of LOOMIS’ documents or receipts that have aged over sixty (60) days, unless it is determined to be solely an error of LOOMIS. Supplies provided by LOOMIS to CUSTOMER will be charged back to CUSTOMER at LOOMIS current cost plus 1%. Excess Item Handling: A fee of $1.50 per Item is assessed when the number of Items exceeds 10 Items per shipment. An “Item” refers to the number of containers, sealed bags or other vessels LOOMIS is required to transport.
Non-Scheduled/Off-Day Service: $45.00 per trip, per location in Urban areas. Additional fees apply for off-route and
remote locations. Sunday/Holiday Service: $100.00 per trip, per location. Additional fees apply for off-route and remote locations.
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Excess Liability: A fee of $0.35 per $1,000 or fraction thereof for any amounts which exceed the Maximum Liability Coverage amount per shipment. Insurance Fee: A fee of 5% will be charged for all service provided. New Account Setup Fee: $50
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If CUSTOMER does not desire Excess Liability Coverage, CUSTOMER must decline Excess Liability Coverage by initialing the box below: Decline Reconstruction Obligations:
As explained in Section 5(c) of the Terms and Conditions, CUSTOMER has certain obligations regarding reconstruction of
lost, damaged, or destroyed checks. If CUSTOMER prefers to opt-out of these reconstruction obligations, CUSTOMER must decline by initialing the box below. Decline If CUSTOMER does NOT agree to reconstruction obligations or cannot meet its reconstruction obligations contained within Section 5(c), LOOMIS’ liability for all checks contained within the shipment is limited to Ten Thousand Dollars ($10,000.00) regardless of the face value of the checks in shipment.
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TERMS AND CONDITIONS 1. SERVICES and EQUIPMENT a. Services. “Services” include the transportation and cash management services described below. The fees payable by CUSTOMER to LOOMIS for Services are described in this Agreement.
(1) Transportation Services. LOOMIS agrees to pick up, receive from, and/or deliver to CUSTOMER, or any designated agent of CUSTOMER, securely sealed or locked shipments which may contain any or all of the following: currency, coin, checks, securities, or other valuables. If the shipment container(s) received by LOOMIS from CUSTOMER or CUSTOMER’s designated agent, do not appear to be securely locked or sealed, LOOMIS has the right to refuse to accept such shipment container(s). If LOOMIS accepts sealed container(s), LOOMIS will give CUSTOMER a receipt for said sealed container(s), and transport such sealed container(s) to the designated LOOMIS processing facility. CUSTOMER agrees that it will not conceal or misrepresent any material fact or circumstance concerning the contents of any shipment container. The fees payable under this Agreement are based upon the Maximum Liability Coverage amount and level(s) of service specified in this Agreement.
(2) Cash Management Services. Upon LOOMIS transportation and delivery of the shipment container(s) to LOOMIS facility, LOOMIS will verify the currency, coin, checks, securities, and/or other valuables received pursuant to the procedures as outlined in Exhibit A. If CUSTOMER has any specified procedure or condition to change this process, such procedure or condition shall be documented on Exhibit A. As part of the cash management services, LOOMIS will notify CUSTOMER by telephone (at the number listed on the Signature Page unless otherwise stated) within twenty-four (24) business hours of LOOMIS receipt of the relevant shipment container(s) if LOOMIS verification procedure indicates any of the following: (a) Discrepancy in excess of $100.00; and/or
(b) Fraud of any kind. LOOMIS’ verification procedure includes confirming that the CUSTOMER’s Deposit Ticket(s) matches the fine or actual count of funds contained in any sealed container as performed by LOOMIS pursuant to this Agreement. The term “Deposit Ticket” refers to the stated value supplied by the CUSTOMER at the time the shipment container is tendered to Loomis. Differences may include shortages, overages and/or counterfeit of any moneys processed by LOOMIS. LOOMIS agrees to be responsible for all verification errors discovered or claimed after the twenty-four (24) business hour period has expired.
(3) Additional or Special Services. If additional or special services are required, CUSTOMER and
LOOMIS agree to negotiate fees for these other services. All additional or special services must be evidenced and agreed to in a signed amendment to this Agreement. b. Safe. LOOMIS agrees to provide, and CUSTOMER agrees to take possession of, the Safe at each agreed upon service location. (1) Inspection of Safe. CUSTOMER shall inspect the Safe within forty-eight (48) hours of delivery and installation. Unless CUSTOMER gives written notice to LOOMIS, specifying any defect in or other proper
objection to the Safe, CUSTOMER agrees that it shall be deemed that the Safe is in good condition, repair and working order. During CUSTOMER’S normal business hours, LOOMIS shall have the right to enter service location, inspect the Safe and observe its use. (2) Suitability of Safe. CUSTOMER agrees that: (a) the Safe described herein is of the type and kind suitable for CUSTOMER’s purpose and needs; (b) that unless otherwise provided herein, this Agreement is not subject to cancellation prior to the expiration of the Term; and, (c) CUSTOMER agrees to provide LOOMIS with forty-five (45) days prior written notice should it become necessary to move the Safe to a different location. CUSTOMER shall not move the Safe to another location without LOOMIS prior written consent, which shall not be unreasonably withheld or delayed. CUSTOMER further agrees to pay all costs associated with relocation of such Safe.
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(3) Installation. CUSTOMER shall be responsible for any applicable permits or licenses which may be required for the installation and/or operation of Safes. CUSTOMER shall be responsible for any costs incurred by LOOMIS associated with delays and miscommunication associated with the Equipment installation date; and, if appointments are not kept, CUSTOMER may incur costs associated with Equipment redelivery and installation. Each Safe must be installed by LOOMIS or its designated agent. If necessary for the functionality of the Safe, CUSTOMER shall provide, at its own expense, and throughout the term of this Agreement: a dedicated, grounded electrical line and/or a dedicated phone line and/or data line, and any other necessary site preparation as may be required for appropriate installation and as needed to maintain the correct ongoing operation of the Safe. The
Equipment is provisioned with a wireless modem which will serve as the primary source of remotely communicating with the Equipment; but, in the event a wireless solution is not available based on the conditions or physical location of the Equipment, LOOMIS will require the use of a dedicated data line provisioned with a static IP by CUSTOMER’S local Internet provider. (4) Return or Repossession. Upon the expiration or earlier termination of this Agreement, CUSTOMER shall return the Safe to LOOMIS in good repair, condition and working order, ordinary wear and tear resulting from proper use excepted, by making the Safe available for de-installation and removal at CUSTOMER’s cost and expense. In the event of loss or damage to the Safe, CUSTOMER shall, at LOOMIS
option: (a) Pay the cost to place the Safe in good repair, condition and working order; or (b) Pay for a replacement
Safe. No loss or damage to the Safe or any part thereof shall impair any obligation of CUSTOMER under this Agreement, which shall continue in full force and effect through the term of the Agreement. In the event that it becomes necessary, during, or at the end of the Agreement term for LOOMIS to take possession of and/or be required to remove the Safe, LOOMIS shall be entitled to reasonable reimbursement from CUSTOMER, of all expenses associated with removal and/or repossession of such Safe, and reasonable attorney’s fees, if incurred to obtain appropriate authority for removal and/or repossession. In the event of an emergency or impending force majeure event, LOOMIS will, by request of CUSTOMER and subject to availability of the de-install team, de-install and remove the safe(s) from the location(s) affected, subject to the terms above.
The agreement and scheduled payments shall continue notwithstanding the temporary removal. (5) Access to Safe. CUSTOMER shall provide LOOMIS or LOOMIS’ agent, vendor, contractor or other designee access to the Safe during normal business hours, or at a mutually agreeable time to perform maintenance and service to ensure proper functionality and security of safe. c. Certain Customer Representations and Agreements. Regarding the Services, CUSTOMER
acknowledges and agrees that LOOMIS’ count of all funds verified shall be deemed correct and final. CUSTOMER
agrees that it will not conceal or misrepresent any material fact or circumstance concerning the property delivered to
LOOMIS pursuant to this Agreement. Regarding the Equipment CUSTOMER agrees that title and right to possession of the Safe shall at no time pass to CUSTOMER. The Safe is and shall remain personal property of LOOMIS, notwithstanding the fact that the Safe may be affixed, attached to or imbedded in or upon real property or a building, whether by cement, bolts, or other means. The Safe must be firmly and securely attached to the concrete foundation. CUSTOMER represents and guarantees to LOOMIS that the physical location(s) where the Safe is located shall at a minimum have a fully functional monitored premise alarm, including at a minimum door contacts, and fire or smoke detection. Each CUSTOMER location shall also have reasonable and customary security measures for its industry, including, but not limited to, fully functional door locks and video camera recorded surveillance on the Safe. Video
surveillance recordings must be retained a minimum of thirty (30) days. If at any time during this Agreement CUSTOMER
is (i) negligent regarding CUSTOMER’S site security obligations of the service location where the Safe is located; (ii) in breach of the site security obligations set out in this Agreement; or (iii) if CUSTOMER fails at any time during this Agreement to maintain the security requirements in this Section 1(c), then any LOOMIS guarantee of funds shall be void and LOOMIS shall have no further obligation to reimburse CUSTOMER for any resulting loss of funds or Equipment. Failure by CUSTOMER to correct any site security or Equipment security deficiencies is an event of Default under Section 12 for which LOOMIS may terminate this Agreement. 2. BILLING AND PAYMENT
CUSTOMER agrees to pay LOOMIS the Total Monthly Package Fee, plus any Ancillary Items described in this Agreement or any Exhibit or Addendum hereto and any applicable federal, state or local taxes within fifteen (15) days of invoice. LOOMIS at its discretion may impose, and CUSTOMER agrees to pay, a service charge of one and one-half
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percent (1.5%) per month or eighteen percent (18%) per annum, or such lesser rate as may be required by law, on any late or unpaid invoice amounts due and payable to LOOMIS. CUSTOMER further agrees that undisputed portions of any invoice shall be remitted to LOOMIS in accordance with normal payment terms. However, should CUSTOMER fail to pay any undisputed amounts within thirty (30) days of the invoice date, LOOMIS may, in its sole discretion, terminate this Agreement upon ten (10) days written notice. CUSTOMER agrees to notify LOOMIS of dispute(s) arising from any invoice within thirty (30) days after such invoice has been presented to CUSTOMER, or such claim shall be deemed waived. All amounts due hereunder shall be paid by cash, check or ACH unless otherwise agreed in this Agreement. 3 RATE ADJUSTMENT LOOMIS shall annually increase the service fee(s) based upon the year to year changes in the Consumer Price Index (CPI) or other applicable economic factor(s). To account for future movements in the price of diesel fuel LOOMIS shall assess a monthly fuel fee based on U.S. average diesel prices as measured and published by the Department of Energy (WWW.EIA.DOE.GOV). The monthly fuel fee shall equal the product of the applicable percentage (based on the chart below) multiplied by the aggregate monthly service fee (including any applicable Ancillary Items). LOOMIS established baseline is $1.91. Any cost
above the $1.91 baseline cost will be adjusted on a monthly basis by 0.5% on price movements of 10 cents per gallon up
to $2.41. At $2.41 per gallon the rate shall remain constant until fuel reaches $3.51 per gallon, upon which the .5% increment increase shall resume per each .10 cost increase per gallon (i.e. if diesel prices rise to $2.01, your fuel fee is increased by 0.5%) The applicable fuel fee percentage will be based on the national average of diesel fuel prices published on the Department of Energy Website averaged over the first four Mondays of the month rounded to the next cent. The table referenced below is for guidance only and does not reflect the maximum rate which might be accessed.
Minimum Maximum Per Gallon Fee (%)
$ 3.91 $4.00 $ .10 5.0%
$ 3.81 $ 3.90 $ .10 4.5%
$ 3.71 $ 3.80 $ .10 4.0%
$ 3.61 $ 3.70 $ .10 3.5%
$ 3.51 $ 3.60 $ .10 3.0%
$ 3.41 $ 3.50 $ .10 2.5%
$ 3.31 $ 3.40 $ .10 2.5%
$ 3.21 $ 3.30 $ .10 2.5%
$ 3.11 $ 3.20 $ .10 2.5%
$ 3.01 $ 3.10 $ .10 2.5%
$ 2.91 $ 3.00 $ .10 2.5%
$ 2.81 $ 2.90 $ .10 2.5%
$ 2.71 $ 2.80 $ .10 2.5%
$2.61 $ 2.70 $ .10 2.5%
$ 2.51 $ 2.60 $ .10 2.5%
$ 2.41 $ 2.50 $ .10 2.5%
$ 2.31 $ 2.40 $ .10 2.0%
$ 2.21 $ 2.30 $ .10 1.5%
$ 2.11 $ 2.20 $ .10 1.0%
$ 2.01 $ 2.10 $ .10 0.5%
$ 1.91 $ 2.00 $ .09 0.00%
a. LOOMIS reserves the right in times of global economic downturn or due to changes in regulatory obligations to renegotiate rates and fees in good faith with CUSTOMER. In the event that CUSTOMER refuses to consent to such adjustment(s) or fee(s), LOOMIS shall have the right to terminate this Agreement upon thirty (30) days written notice to CUSTOMER.
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4. LIABILITY a. General Liability. LOOMIS agrees to assume the liability for any Cargo Loss, according to the terms of this Agreement: (1) for Manual Drop Shipments, from the time LOOMIS signs for and receives physical custody of the shipment container(s) or (2) for Validated Cash, when valuables are deposited into the Safe note validator. The term “Cargo Loss” shall mean any loss or destruction of currency (“Cargo”) that occurs while the Cargo is under Loomis’ sole care, custody and control. The term “Manual Drop Shipments” shall refer to the currency, coin or checks inserted into the manual drop section of the Safe. The term “Validated Cash” shall refer to the currency inserted and accepted by the Safe
bill validator. LOOMIS’ responsibility terminates when the CUSTOMER or CUSTOMER’s designated agent takes physical possession of the shipment container(s) and signs LOOMIS receipt. If it is impossible to complete the delivery, LOOMIS shall be responsible for any Cargo Loss until the shipment container(s) is returned to the CUSTOMER and a signed receipt obtained. Before valuable(s) are deposited into the Safe, LOOMIS assumes no liability for any loss. Also, LOOMIS shall incur no liability whatsoever (i) for losses arising from the misuse, abuse, malfunction or destruction of the Safe and/or bill validator(s) caused by CUSTOMER, its employees, directors, agents, contractors or assigns, (ii) from loss(es) or destruction arising, in whole or part, from fraud, negligence, or willful or criminal misconduct on the part of CUSTOMER, its employees, contractors, agents, directors or assigns, (iii) from unexplained or ongoing patterns of loss, including losses arising from repeated or similar events, as defined or determined by LOOMIS in its sole discretion, or (iv)
destruction including but not limited to counterfeit bills placed into safe as deposits. LOOMIS reserves the right to take any
and all action as may be reasonably necessary to prevent money laundering to the extent permitted under applicable law or regulation or as may be required by any regulatory body that may exert a right of control over LOOMIS. UNDER NO CIRCUMSTANCES WILL LOOMIS BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM AND EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; SUCH AS, BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF INTEREST, LOST DATA, DATA TRANSMISSION ERROR OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR A
CARGO LOSS, WHICH IS SUBJECT TO THE MAXIMUM LIABILITY COVERAGE AMOUNT SPECIFIED HEREIN, IN NO EVENT SHALL LOOMIS’ LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT REPRESENTED BY THAT PORTION OF THE SERVICE CHARGE CONTAINED HEREIN FOR THE SERVICE(S) PAID BY CUSTOMER FOR SUCH SERVICES. 5. CLAIM PROCEDURES The following provisions shall control in the event of any Cargo Loss, notwithstanding anything to the contrary contained in this Agreement.
a. Notification. In the event of a Cargo Loss, CUSTOMER agrees to notify LOOMIS in writing within four (4) calendar days after the loss is discovered or should have been discovered in the exercise of due care and in no event later than forty-five (45) days after the pick-up by LOOMIS of the securely sealed shipment container in connection with which the loss is asserted. If notice of the loss is not received by LOOMIS within this forty-five (45) day period, the claim for the loss shall be deemed waived by CUSTOMER. It is agreed that both parties will work together to determine the extent of the loss, and if possible, the cause of loss. b. Limitations. Notwithstanding anything set forth in this Agreement to the contrary, the sole liability of
LOOMIS (except as stated in this Agreement) in the event of a Cargo Loss, from whatever cause, shall be subject to the Maximum Liability Coverage amount set forth in this Agreement or the Excess Liability Coverage amount, if not declined by CUSTOMER. c. Check Reconstruction. CUSTOMER shall retain sufficient information to allow Reconstruction of checks in the event of a Cargo Loss. In no event shall LOOMIS’ liability for any Cargo Loss, irrespective of the Maximum Liability Coverage amount, include the face value of any lost or destroyed check. CUSTOMER agrees it will cooperate and assist in reconstructing lost, damaged, or destroyed checks constituting a part of any Cargo Loss. LOOMIS’ liability, unless otherwise stated in this Agreement, shall be limited to the payment to the CUSTOMER for the reasonable costs necessary to reconstruct the checks, but never to exceed ten thousand dollars ($10,000.00) per shipment. The term “Reconstruction” shall mean the identification of the face amount, the identity of the maker or endorser of the check, identification of the payee and identification of the financial institution upon which the check is drawn. CUSTOMER agrees
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in the event of a loss, that any liability of LOOMIS shall be reduced by the face value of reconstructed or recovered item(s). d. Proof. Upon the request of LOOMIS, CUSTOMER will furnish a proof of any Cargo Loss to LOOMIS or its insurance carrier. Once reimbursement has been made to CUSTOMER, LOOMIS and its insurer shall receive any and all of the CUSTOMER’s rights and remedies of recovery. 6. LIMITATIONS & FORCE MAJEURE
a. Limitations. The CUSTOMER agrees that LOOMIS will not be liable for any loss caused by or resulting from Shortages claimed in the contents of the sealed or locked shipment(s) (in the case of manual drop deposits), for indirect, consequential or incidental damages or losses, non-performance or delays, or for the breakage of statuary, marble, glassware, bric-a-brac, porcelains and similar fragile articles. A “Shortage” shall mean any difference between the stated value on the Deposit Ticket and the actual value of the contents of any sealed shipment container. Likewise, LOOMIS shall not be liable to CUSTOMER for failure to render service if LOOMIS in its sole discretion determines the same may endanger the safety of CUSTOMER’s property or personnel or LOOMIS’ vehicles or employees. b. Force Majeure. It is further agreed that LOOMIS shall not be held accountable or liable for any damages
or losses, whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) for which liability is assumed by LOOMIS, resulting from: (1) hostile or warlike action in time of peace or war, including action hindering, combating or defending against an actual, impending or expected attack; (i) by any government or sovereign power (de jure or de facto) or (ii) by any agent of any such government, power authority or forces; (2) nuclear reaction, nuclear radiation, radioactive contamination or any weapon of war, insurrection,
rebellion, revolution, civil war, acts of terrorism, usurped power, or action taken by governmental authority; seizure or destruction under quarantine or customs regulations; confiscation by order of any governmental or public authority; or risks of contraband or illegal transportation or trade; or (3) acts of God, strikes, labor disturbances, while shipments are being transported by aircraft (including air piracy, explosion, crash or other incident on board the aircraft), impostor pick-up or deliveries, or other conditions or circumstances beyond LOOMIS reasonable control. c. Ownership. CUSTOMER expressly understands and accepts that ownership (title) to cash or other
valuables transported or stored by LOOMIS shall never transfer to LOOMIS. 7. DISPUTES CUSTOMER and LOOMIS agree that except for disputes regarding over-payment or non-payment of fees for services under this Agreement, any controversy or claim, including any claim of misrepresentation, arising out of or related to this Agreement, or the furnishing of any service by LOOMIS to CUSTOMER, shall be brought in the United States District Court of the Southern District of Georgia, or the State and Superior Courts of Chatham County.. 8. CONTAINER VALUE LIMITATION
CUSTOMER acknowledges and agrees that the maximum value which LOOMIS will transport in any individual container will not exceed two hundred & fifty thousand dollars ($250,000). If the total value of a shipment which CUSTOMER seeks to tender to LOOMIS exceeds two hundred & fifty thousand dollars ($250,000), such shipment must be broken down into separate shipment containers of two hundred fifty thousand dollars ($250,000) or less.
Deleted: ¶
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9. WARRANTIES & REPRESENTATIONS CUSTOMER acknowledges that LOOMIS is not the manufacturer of the Safe and further agrees that any and all warranties on the Safe are limited to those warranties extended by manufacturer. The complete details of such warranty are available from your service representative. The remedy above shall be the EXCLUSIVE remedy in the event of a breach of this warranty or in the event of damages, action, demand or fee arising from malfunction or latent defect of the Safe, and it is expressly agreed that neither party shall be liable for special, incidental, indirect or consequential damages arising out of, or in any way connected with this Agreement. THIS LIMITED WARRANTY EXCLUDES ALL OTHER
WARRANTIES; EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SUCH PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. LOOMIS FURTHER DISCLAIMS ANY DAMAGE OR LOSS OF PROPERTY OR VALUE CAUSED BY EQUIPMENT WHICH HAVE BEEN THE SUBJECT OF MISUSE, ABUSE, NEGLIGENCE, OR USED IN VIOLATION OF ANY PRODUCT MANUALS, INSTRUCTIONS OR WARNINGS, OR MODIFIED REPAIRED OR SERVICED BY PERSONS NOT AUTHORIZED BY LOOMIS OR THE MANUFACTURER, OR IMPROPERLY RELOCATED. ALL OBLIGATIONS OF LOOMIS UNDER THIS AGREEMENT SHALL BE VOID IF CUSTOMER IS IN BREACH OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
For Validated Cash, LOOMIS guarantees that the amount reflected on any Safe’s audit report will accurately
reflect the contents of the Safe. LOOMIS shall not be responsible or liable for any consequential, indirect, punitive, lost profits or similar damages or losses caused by a malfunction, software failure or failure of equipment to work properly for any reason whatsoever. In addition, CUSTOMER agrees that under no circumstances will LOOMIS be liable for any loss of funds to the extent that such loss of funds arises from the removal, theft, damage to or unlawful taking of any Tidel Series 3 model safe, or smaller model or any safe that is materially similar in dimensions and size (a “Series 3 Non-Covered Loss” or “Non-Covered Loss”). Furthermore, to the extent that CUSTOMER’S banking institution has advanced provisional credit, CUSTOMER agrees to notify its banking institution and reverse the provisional credit so that CUSTOMER may be debited for any Series 3 Non-Covered Loss. And, in the event that any bank providing provisional credit files a claim against LOOMIS for a Series 3 Non-Covered Loss, CUSTOMER also agrees to fully reimburse
LOOMIS within ten (10) business days of LOOMIS’ request. 10. INSURANCE With regard to the Safe provided hereunder, CUSTOMER shall procure, maintain and pay for: (a) all risk insurance against loss of and damage to the Safe for not less than the full replacement value of the Safe, naming LOOMIS as loss payee and (b) combined public liability and property damage insurance with limits as approved by LOOMIS, naming LOOMIS as an additional insured. The insurance shall be in such form and with such company or
companies as shall be reasonably acceptable to LOOMIS, shall provide at least thirty (30) days advance written notice to LOOMIS of any cancellation, change or modification, and shall provide primary and non-contributory coverage for the protection of CUSTOMER and LOOMIS without regard to any other coverage carried by CUSTOMER or LOOMIS protecting against similar risks. CUSTOMER shall provide LOOMIS with an original policy or certificate evidencing such insurance. CUSTOMER hereby appoints LOOMIS as CUSTOMER’s attorney in fact with power and authority to do all things, including, but not limited to, making claims, receiving payments and endorsing documents, checks or drafts necessary or advisable to secure payments due under any policy of insurance required under this Agreement. If CUSTOMER fails to purchase such insurance as required under this provision, LOOMIS shall have the right, in its sole option, to acquire same at CUSTOMER’s sole expense and cost or terminate this Agreement. In case of failure of
CUSTOMER to procure or maintain said insurance, as more fully outlined below, or to pay fees, assessments, charges
and taxes, all as specified in this Agreement, LOOMIS shall have the right, but shall not be obligated, to effect such insurance, or pay said fees, assignments, charges and taxes, as the case may be. In that event, the cost thereof shall be repayable to LOOMIS with the next invoice, and failure to repay the same shall carry with it the same consequences as failure to pay any amount(s) due for service provided hereunder.
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12. DEFAULT a. The parties agree that any early termination of this Agreement by Customer would cause Loomis to incur monetary damages which are difficult or impossible to estimate. If CUSTOMER terminates this Agreement prior to the expiration of the term of this Agreement, CUSTOMER shall pay to LOOMIS liquidated damages (“Termination Fee”) equal to seventy-five percent (75%) of the charges for each location multiplied by the remaining months contained in the initial or renewal term, as the case may be. The parties agree that this Termination Fee is a fair and reasonable estimate of the monetary damages incurred by LOOMIS as a result of early termination or breach of the Agreement by CUSTOMER. The
parties agree that the Termination Fee is a form of liquidated damages and is not a penalty. If (i) LOOMIS fails to perform any material obligation under this Agreement and such failure continues for sixty (60) days after LOOMIS receives written notice from CUSTOMER specifying in reasonable detail the nature of that failure or (ii) LOOMIS becomes the subject of a proceeding under the U.S. Bankruptcy Code, CUSTOMER may terminate this Agreement by giving written notice to LOOMIS without payment of any Termination Fee. Upon expiration or termination of this Agreement for any reason, all Safes or materials provided by LOOMIS in connection with the expired or terminated Services will be made available to LOOMIS at the service location within five (5)
business days after the effective date of expiration or termination and all earned, uninvoiced and unpaid fees and
expenses will become due and payable sixty (60) days following such expiration or termination. The termination rights set forth in this Section are cumulative and are in addition to all other rights and remedies available to the parties. b. If CUSTOMER terminates this Agreement, or its Agreement with LOOMIS for cash and/or armored car service(s) with regard to such Safe, prior to the end of the term, or fails to pay any invoices or other amount herein, or if CUSTOMER fails to observe, keep or perform any other provision of this Agreement required to be observed, kept or performed by CUSTOMER, LOOMIS shall have the right to exercise any one or more of the following remedies: (a) to declare the entire earned amount hereunder immediately due and payable without notice or demand to CUSTOMER; (b) to sue for and recover payments, then accrued or thereafter accruing; (c) to take possession of the Safe, without demand
or notice, wherever same may be located, without any court order or other process of law; (d) to terminate this Agreement; or (e) to pursue any other remedy at law or in equity. If there are losses arising from repeated similar loss events, as determined by LOOMIS in its sole discretion, then LOOMIS shall have the right to (a) to sue for and recover payments, then accrued or thereafter accruing and unrecovered expenditure to install and de-install the Equipment; (b) to take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law; (c) to terminate this Agreement; or (d) to pursue any other remedy at law or in equity. CUSTOMER hereby waives any and all damages occasioned by the removal and taking of possession of the Safe. Notwithstanding any repossession or any other action which LOOMIS may take, CUSTOMER shall be and remain liable for the full performance of all obligations on the part of the CUSTOMER to be performed under this Agreement. All of LOOMIS’ remedies are cumulative, and may be exercised concurrently or separately.
13. MISCELLANEOUS a. Security Filings. CUSTOMER hereby agrees to execute any and all documents requested by LOOMIS to perfect its security interest in the Safe. If LOOMIS consents to a change of service location of the Safe, CUSTOMER agrees to execute any further documentation necessary perfect LOOMIS’ security interest. All costs and expenses associated with filing of LOOMIS security interest in the Safe shall be at the sole expense of CUSTOMER. b. Holiday Service. CUSTOMER agrees that Holiday Service Rates shall apply to any service performed under this Agreement which falls on: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Columbus Day, Thanksgiving Day, federal banking and any local applicable observed holiday. Charges for service on such dates will be as stated upon page 2 of this Agreement, excluding Christmas Day. LOOMIS will not provide Christmas Day service. c. Bankruptcy. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the CUSTOMER, or if the CUSTOMER is declared insolvent, or if CUSTOMER makes any assignment for the benefit of its creditors, or if a writ of attachment or execution is levied on the Safe and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the CUSTOMER is a party, any Safe provided hereunder shall not be treated as an asset of CUSTOMER. The Safe is, and shall at all times be and remain, the sole and exclusive property of LOOMIS; and the CUSTOMER shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.
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d. Non–Warranty Service Calls and Customer Routine Maintenance. CUSTOMER shall be responsible for all non-warranty SafePoint® costs associated with any repair or service call; including but not limited to the following non-warranty issues: abuse, damage to cassettes due to mishandling, tube/coin jams, bill jams, screen protector damage or replacement, network or phone line related problems, damage due to spillage or infestation, equipment resets, phone fixable problems, user programming problems, equipment upgrades, printer jams or printer issues related to incorrect paper type; along with any repairs or service call arising out of CUSTOMER’s negligence, willful misconduct, or failure to perform any material obligation within this Agreement or normal CUSTOMER preventative maintenance. CUSTOMER
shall also be responsible for the cost of any consumable items such as printer tape, bill trays, printer paper, cleaning cards, and screen protectors. e. Confidentiality. Each party receiving information (each being a "Receiving Party" and a “Disclosing Party”) undertakes to retain in confidence the terms of this Agreement and all other non-public information, technology, materials and know-how of the other party disclosed or acquired by the Receiving Party pursuant to or in connection with this Agreement which is either designated as proprietary and/or confidential or, by the nature of the circumstances surrounding disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"). Neither party shall use any Confidential Information for any purpose other than to carry out the activities contemplated by
this Agreement. Each party agrees to use commercially reasonable efforts to protect Confidential Information of the other
party, and in any event, to take precautions at least as great as those taken to protect its own confidential information of a similar nature. Each party shall also notify the other promptly in writing in the event such party learns of any unauthorized use or disclosure of any Confidential Information that it has received from the other party, and will cooperate in good faith to remedy such occurrence to the extent reasonably possible. Confidential Information shall not include: (1) information which was already known by, or already in the possession of, Receiving Party prior to receipt from Disclosing Party; (2) information which is obtained by Receiving Party from a third person who, to the actual knowledge of Receiving Party is not in violation of any agreement to a third party not to disclose such information
(3) information which is or becomes publically available other than through breach by the Receiving Party of this Agreement; and, (4) information which is independently developed by or on behalf of Receiving Party. f. Entire Agreement. This Agreement: (a) shall be governed by and construed in accordance with the laws of the State of Georgia without reference to conflict of laws principles; (b) constitutes the entire agreement and understanding of the parties with respect to its subject matter, except that the terms of any agreement regarding confidential information of the parties shall be deemed to be a part of this Agreement; (c) and the terms and conditions including fees set forth in it shall be treated as confidential information; (d) is not for the benefit of any third party; (e) may
not be amended except by a written instrument signed by both CUSTOMER and LOOMIS; (f) may not be assigned by
CUSTOMER without LOOMIS prior written consent; (g) may be assigned by LOOMIS, provided that LOOMIS shall furnish written notice of such assignment to CUSTOMER; (h) shall be binding upon any assignees, and defined terms used in this Agreement to apply to either party shall be construed to refer to such party’s assignee; (i) is the product of negotiation; (j) is subject to a contractually agreed one (1) year statute of limitations on all claims or the minimum allowable by applicable law; (k) shall not be deemed to have been drafted by either party; (l) contains article and section headings which are for convenience of reference only and which shall not be deemed to alter or affect the meaning or interpretation of any provision of this Agreement; (m) does not make either party the agent, fiduciary or partner of the other; (n) does not grant either party any authority to bind the other to any legal obligation; (o) does not intend to nor grant any rights to any third
party and (p) shall remain valid and enforceable despite the holding of any specific provision to be invalid or
unenforceable, except for such specific provision. The waiver by either party of any rights arising out of this Agreement shall not cause a waiver of any other rights under this Agreement, at law or in equity. Any and all correspondence regarding this Agreement shall be delivered via certified mail (return receipt requested) or verifiable third-party courier (return receipt requested).
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This Agreement may be executed in two or more identical counterparts, each of which shall be deemed to be an original and all of which taken together will be deemed to constitute one and the same agreement when a duly authorized representative of each party has signed a counterpart. The parties may sign and deliver this Agreement by facsimile or electronic (i.e., .pdf) transmission. Each party acknowledges that the delivery hereof by facsimile or electronic transmission will have the same force and effect as delivery of original signatures. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.
CUSTOMER LOOMIS By By Printed Name Printed Name Title Title
Date Date
Tel
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EXHIBIT A Cash Management Services:
Deposit Processing
• CUSTOMER Validated Cash will be processed at LOOMIS’ local vault. • CUSTOMER's Manual Drop Shipments, not verified by LOOMIS, will be delivered to the CUSTOMER's bank vault for processing.
• CUSTOMER’s reports will indicate Safe’s deposit totals segregated by Manual Drop Shipments and Validated Cash. It shall include the end of day totals and bank deposit totals. Change Order Funds
• CUSTOMER will be responsible for ordering all change from their financial institution. Change Order Delivery Fee included in the rate
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Amendment to Contract No. 2015-0331
AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated
below (“Effective Date”), by and between Tyler Technologies, Inc. (“Tyler”), a Delaware corporation with offices
at 5519 53rd Street, Lubbock, TX 79414, and the City of Tybee Island, GA (“Client”) with offices at 403 Butler
Avenue, Tybee Island, GA 31328.
WHEREAS, Tyler and Client are parties to an agreement effective March 2, 2016 (“Agreement”), under which
Client acquired various items of hardware (“Hardware”) and licenses to the software described therein (“Tyler
Software”) as well as related professional services, and maintenance and support; and
WHEREAS, Client desires to amend the Agreement to adjust the items of Hardware acquired.
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein,
Tyler and Client agree as follows:
1. That the following components of Hardware are removed from the Agreement:
No monies already paid for the items listed above will be refunded. All terms and conditions of the Agreement
not herein amended remain in full force and effect.
IN WITNESS WHEREOF, persons having been duly authorized and empowered to enter into this Amendment
hereunto executed this Amendment effective as of the date last set forth below.
Tyler Technologies, Inc. City of Tybee Island, GA
By: By:
Name: Name:
Title: Title:
Date: Date:
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HPC approved: 3-20-17 Page 1 of 2
TYBEE ISLAND HISTORIC PRESERVATION COMMISSION
MEETING MINUTES
January 16, 2017
ATTENDANCE
(Present) Commissioner: Sue Bentley, Susan Estroff, Dottie Kluttz, Neca Stoller
Advisor: Sarah Jones
Staff: Chantel Morton
(Absent) Commissioner: Jane Coslick
City Council Representative: Bill Garbett
CALL TO ORDER
Sue called the meeting to order at 6:10pm.
HPC MEETING MINUTES
Motion was made by Neca, which was seconded by Sue, to approve the HPC meeting minutes of
November 21, 2016. The motion passed unanimously.
HISTORIC RESOURCES SURVEY UPDATE
Sarah reported that Chantel and she have taken up to 100 photographs of resources for the
second phase of the Historic Preservation Fund Grant. She has sent the photos to the consultant
doing the survey. Chantel confirmed that the Agreement notes January 27 as the next deadline
for three-quarters of the survey to be completed and entered into GNAHRGIS.
HISTORIC PRESERVATION MONTH
Chantel requested ideas from Commissioners to celebrate National Preservation Month in May
on Tybee. Discussion ensued regarding placemats with pictures of historic properties that
children can color on while at restaurants, having an event at the Tybee Post Theater, displaying
a map with pins marking where historic properties are and using the map for self-guided tours,
displaying historic photos on the windows of 1606 Butler Avenue for people to see as they are
walking around downtown, and posting panels at Jaycee Park about the Girl Scouts’ original
headquarters. Dottie and Sue agreed to work on the placemats and Chantel will print them for
Commissioners to distribute. Dottie confirmed she will work on reserving the theater for May 7
to host an “I Remember Tybee” evening. Sue will ask Steve Strickland about allowing photos to
be displayed at 1606 Butler Avenue. Sarah and Chantel will work on the photos once Sue
confirms placement is allowed. Sarah confirmed she has materials for posting the panels at
Jaycee Park and will email Chantel the information. Chantel confirmed she will email the city
manager for approval. Sue confirmed she will work on the map and possible photos for
displaying at city hall and printing for vacation rentals and bike rental shops. Dottie confirmed
she will work on information for a self-guided walking / biking tour once the map is done.
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HPC approved: 3-20-17 Page 2 of 2
STATUS OF LOCAL HISTORIC DISTRICTS/DESIGN GUIDELINES
Sarah reported that she is researching façade easements and ways to effectively implement
them on Tybee. She will email information to Commissioners and provide updates at meetings
as available.
HPC PERMIT REVIEW UPDATE
Sue reported that she has not received many permits to review, with the exception of two
demos.
OTHER BUSINESS
No discussion.
ADJOURNMENT
The meeting adjourned at 6:40pm.
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TIDA/MS BOD approved: 4/19/17 Page 1 of 2
TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET
BOARD OF DIRECTORS
MONTHLY MEETING
Meeting Minutes: March 15, 2017
Vision: To improve the quality of life for those that live, work, and visit Tybee Island and enhance the cultural experience while preserving
the community's barrier island heritage.
The Mission of the Tybee Island Development Authority / Main Street Program is to:
- facilitate efforts to revitalize, redevelop, and enhance that which improves the quality of life;
- create a sense of place and improve the quality of life for residents, business owners, and visitors using the Main Street Four Point
Approach;
- encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage;
- support and encourage the arts as a cultural endeavor and economic engine on the Island.
ATTENDANCE
(Present) Director: Sarah Bernzott, Marianne Bramble, Vicki Hammons,
Diane Kaufman, Julie Livingston, Ted Lynch
Ex-Officio Director: Melissa Turner
Program City Staff: Chantel Morton
(Absent) Director: Steve Kellam
Ex-Officio Director: Angela Caldwell, Melissa Memory
CALL TO ORDER
Ted called the meeting to order at 6:04pm.
DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES
Motion was made by Diane, which was seconded by Marianne, to approve the minutes of the Tybee
Island Development Authority / Main Street Board of Directors February 15, 2017 meeting minutes.
Motion carried.
COMMITTEE UPDATES
Business Assistance
Ted confirmed that Jess and Hannah with Visit Tybee will be at the March 23 Merchant Meetup:
Methods for Marketing Your Messages. The agenda for the meetup will be as follows: an
overview of the new Buy Local Tybee tagline, an explanation of sharing business news in the Main
Street Talk e-newsletter, then a review of the information Visit Tybee is looking for from
merchants for their social media posts/blogs.
Design
Vicki confirmed that great progress with the murals is being made. Marianne inquired about
moving the panels due to upcoming activities at the Arts Center. Sarah confirmed that she is
working with Denise and others with TAA to ensure the murals are not in the way and that Denise
has the access she needs. Sarah reported that help with painting from the community continues
to be wonderful. Chantel confirmed she is posting “teaser” pictures of small sections of the
murals on the Main Street Facebook page.
Vicki confirmed communication has been sent to Mr. Patel regarding the board’s approval of the
design committee’s recommendation to award the Façade Improvement match grant of $1,000.
The communication included suggestions for litter maintenance.
Directors discussed the outreach the can each do to increase awareness of the Façade
Improvement Grant and the increase of the match that has been proposed.
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TIDA/MS BOD approved: 4/19/17 Page 2 of 2
Organization
Chantel confirmed that one Ex-Officio position remains to be filled on the Board of Directors.
Promotions
Sarah reviewed the suggestions Brenda provided for the summer series of Movies in the Park.
Sarah made a motion, which was seconded by Vicki, to approve showing Sing in June, Monster
Trucks in July, and Lost & Found in August. Motion carried.
DEVELOPMENT AUTHORITY PROPOSAL OF PROJECTS FOR THE CITY
Directors discussed that Property 1, which had been presented to council members with suggested uses in
November, has been sold. Directors discussed that Property 2, as previously presented, is still an option.
This property could have higher renovation costs due to its condition, but it that it would a viable property
for the city to preserve and reuse as recommended. Chantel confirmed she has not received any further
information from city council about having Directors present the prepared additional information at a City
Council Workshop.
BUDGET UPDATE
Chantel confirmed that she has submitted the proposed Program’s budget for the upcoming fiscal year to
the Interim City Manager. A line item for the proposed Façade Improvement Grant match of $10,000 will
need to be established since the current line item being used is the donation line item. The Tybrisa Street
improvements, which includes the proposed benches and self-watering hanging planters, has been
included with the submission. She will provide Directors with updates regarding the budget process and
timeline as she receives them.
OTHER BUSINESS/NEWS
Marianne inquired about code enforcement for commercial buildings that are in need of repair
downtown. Discussion ensued among Directors. Julie confirmed she will talk with the Interim City
Manager to have the City Marshal provide information regarding enforcement of residential and
commercial property maintenance code. Vicki will call the City Marshal to see if he is available to attend a
Design Committee meeting after the Merchant Meetup to explain how the code is enforced. Directors
expressed a desire to be at this meeting. Directors confirmed the information will be reviewed so they
may consider recommendation(s) to propose to the city for updating the code. Chantel or Vicki will email
everyone once his availability is determined.
Directors discussed availability of long-term rental housing and the need for such for staff working at
island businesses.
Ted confirmed that Kelly & Company is in their new location at 1207 E. Highway 80 and that a new
business is going to be opening at the location that they were in at Tybee Oaks.
ADJOURN
The meeting adjourned at 7:10pm.
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