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Home My Public Portal About20170525CityCouncilPacket1.pdfTable of Contents 000_000_20170525Agenda....................................................................................................................................................................................... 1050_010_20170511Minutes....................................................................................................................................................................................... 3120_010_basys contract-05192017104602....................................................................................................................................................................................... 6120_020_pedestrian plan-05192017133105....................................................................................................................................................................................... 16130_020_20170417 ART.2,SEC 2-010 definitions....................................................................................................................................................................................... 27 A-20170417_PC_AGENDA.pdf PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Alan Robertson Edward M. Hughes140_021_3rd Amendment - 05.17.17....................................................................................................................................................................................... 30140_022_05.05.17 - Georgia Power proposal - scan....................................................................................................................................................................................... 33140_023_Agreement - Financial - 05.16.17....................................................................................................................................................................................... 37 AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL MAY 25, 2017 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies 1 Call to Order 2 Invocation 3 Pledge of Allegiance IV. Recognitions and Proclamations 1 Congressional Record, Burke Day V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council 1 City Council Minutes, May 11, 2017 VI. Consideration of Boards, Commissions and Committee Appointments VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes. IX. Consideration of Approval of Consent Agenda X. Public Hearings XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License XII. Consideration of Bids, Contracts, Agreements and Expenditures 1 Authorize change of credit merchant from National Discount Merchant Systems to BASYS Processing 2 South End Pedestrian Improvement Plan XIII. Consideration of Ordinances, Resolutions 1 Second Reading, 2017-07, Article 2, Sec 2-010, LDC, Definition of Foundation, Grade and Slab XIV. Council, Officials and City Attorney Considerations and Comments 1 Jason Buelterman i. Sand fencing placement/replacement ii. Beach re-nourishment/Dune replenishment iii. Highway 80 Median Rehab iv. Update on Memorial Park Bathrooms 2 Bubba Hughes i. Third Amendment to Intergovernmental Contract, Georgia International and Maritime Trade Center Authority ii. RFP, Concession Stand, North Beach iii. Solar Panels, Georgia Power iv. Friends of Tybee Theater Agreement 3 Barry Brown i. Pay for air conditioning two units for Marine Science Center, Weather Doctor, $33,000 20170525Packet Page 1 of 39 20170519/jrl 4 Monty Parks i. Painting of the Roundabout XV. Minutes of Boards and Committees XVI. Executive Session 1 Discuss litigation, personnel and real estate XVII. Possible vote on litigation, personnel and real estate discussed in executive session XVIII. 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.” 20170525Packet Page 2 of 39 20170519/jrl City Council Minutes, May 11, 2017 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on May 11, 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 Angela Hudson, Finance Director. Janet LeViner, Clerk, was excused from the meeting as she was traveling. Minutes were prepared by the Clerk from a video recording of the meeting. Mayor Buelterman listed the following items on the consent agenda: • Proclamation: Mental Health Month • City Council Minutes, April 27, 2017 • City Council’s approval of contract with Loomis Safe Point for Cash Vault Services. Discussion: Ms. Doyle stated this is a renewal of an existing contract. Ms. Hudson stated it was not but a continuation of discussions from last year. This will enable the City to deposit funds in their receptacles rather than at the SunTrust ATM. Ms. Hudson explained Loomis has the ability to count the coins faster than SunTrust which will reduce the fees significantly. Mr. Major asked the cost of the contract per month. Ms. Hudson responded $12,000 for three machines per month. This will be much safer for Rivers End Campground as well as City Hall. She explained the campground will be charged separately as they are an Enterprise Fund. • Encroachment Issue and Request for Conveyance of Strip of Lane, 29 Meddin Drive. Discussion: Mr. Hughes stated this would have to be a Revocable License to allow a swimming pool that encroaches into what appears to be an unopened lane behind Meddin Drive. It is unsure how the swimming pool was approved as it encroaches in the Lane and was discovered during the sale of the property. He recommends Mayor and Council authorize the license be signed by the Mayor and Clerk to be a recordable instrument upon approval. Ms. Doyle stated the pool is in place and not recommending the pool be filled in. Mr. Major recommended allowing the petitioner continued use without the City giving up ownership. Mr. Hughes confirmed as this still gives the City ownership, allows it to be there, but have the right to cancel the Revocable License if needed. He stated the petitioner is encroaching approximately 2.5’ per the survey, not the pool, but the space between the pool and the boundary line of the Lane. He recommends approving a Revocable License and then proceed with the process if the petitioner would like to obtain a title to the Lane. Mayor Buelterman confirmed. • Tyler Amendment. Discussion: Mr. Hughes stated this is an amendment to the software contract for the Tybee Island Police Department (TIPD). The original contract includes a scanning machine which is not needed by the TIPD and once returned will receive credit if the Amendment is signed. This will delete the equipment from the contract. 20170525Packet Page 3 of 39 20170519/jrl Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Chantel Morton • Pledge of Allegiance Mayor Buelterman invited Martha Walsh to come forward for the reading of the Proclamation for Mental Health Month, May 2017. This will bring awareness for mental health. Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 6-0. Public Hearings – Zoning Map was in the Room Variance/Marsh Buffer: Consideration to build in the Marsh Buffer: 23 Teresa Lane, Zone R-2. Withdrawn by the Petitioner First Reading, 2017-07: Article 2, Sec 2-010, Land Development Code: Definitions of Foundation, Grade and Slab. Mr. Shaw approached Mayor and Council. He stated the Planning Commission felt when the three terms were used, Foundation, Grade and Slab, when measuring height, the terms should be defined. The vote of the Planning Commission was unanimous to approve. Monty Parks made a motion to approve. Julie Livingston seconded. Those voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried, 5-1. Council, Officials and City Attorney Considerations and Comments Jason Buelterman stated there was a discussion regarding the Extension of water lines to Lazaretto Creek area for purpose of adding fire hydrants at the Infrastructure Meeting. Mayor Buelterman stated they would contact Thomas and Hutton to get an estimate to bring water to the Lazaretto Creek area which would also require sewer service. Mr. Reese indicated a lift station would be needed which would cost approximately $300,000. It was also questioned if those who have septic be required to also have the City sewer system. Ms. Doyle indicated she has spoken to many and they are in favor of the City water and sewer system. This would include the businesses in that area. Chief Fields agreed that this issue needs to be addressed for public safety reasons. Mayor Buelterman discussed the size of the lines for adequate fire service. Chief Fields recommended the lines need to be 12”. Mayor Buelterman stated he has an upcoming meeting with Commissioner Ferrell to discuss this matter and will report back. Todd Smith approached Mayor and Council and asked for clarification for running the line on south side as opposed to the north side. He recommended the line goes down the south side of the highway. George Shaw to get an estimate from Thomas and Hutton. 20170525Packet Page 4 of 39 20170519/jrl Julie Livingston made a motion to adjourn to Executive Session to discuss real estate 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 7:45PM __________________________ Janet LeViner, CMC Clerk 20170525Packet Page 5 of 39 20170519/jrl 20170525Packet Page 6 of 39 20170519/jrl 20170525Packet Page 7 of 39 20170519/jrl 20170525Packet Page 8 of 39 20170519/jrl 20170525Packet Page 9 of 39 20170519/jrl 20170525Packet Page 10 of 39 20170519/jrl 20170525Packet Page 11 of 39 20170519/jrl 20170525Packet Page 12 of 39 20170519/jrl 20170525Packet Page 13 of 39 20170519/jrl 20170525Packet Page 14 of 39 20170519/jrl 20170525Packet Page 15 of 39 20170519/jrl 20170525Packet Page 16 of 39 20170519/jrl 20170525Packet Page 17 of 39 20170519/jrl 20170525Packet Page 18 of 39 20170519/jrl 20170525Packet Page 19 of 39 20170519/jrl 20170525Packet Page 20 of 39 20170519/jrl 20170525Packet Page 21 of 39 20170519/jrl 20170525Packet Page 22 of 39 20170519/jrl 20170525Packet Page 23 of 39 20170519/jrl 20170525Packet Page 24 of 39 20170519/jrl 20170525Packet Page 25 of 39 20170519/jrl 20170525Packet Page 26 of 39 20170519/jrl 20170525Packet Page 27 of 39 20170519/jrl 20170525Packet Page 28 of 39 20170519/jrl 20170525Packet Page 29 of 39 20170519/jrl THIRD AMENDMENT TO INTERGOVERNMENTAL CONTRACT (City of Tybee Island) This Third Amendment to Intergovernmental Contract (this “Third Amendment”) dated this ____ day of __________________________, 2017, between the GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY, a public body corporate and politic and an instrumentality of the State of Georgia, created under the laws of the State of Georgia (the “Authority”), and the CITY OF TYBEE ISLAND, a municipal corporation and a political subdivision of the State of Georgia (the “City”); W I T N E S S E T H : WHEREAS, the City and the Authority entered into an Intergovernmental Contract dated as of December 1, 1997, as amended by a First Amendment thereto, dated as of December 1, 2000, and as amended by a Second Amendment thereto, dated as of December 14, 2006 (collectively, the “Contract”), for the purpose of having the Trade Center Tax described in the Contract and collected by the City paid to the Authority in order to assist the Authority in providing for the operation and management of the Georgia International and Maritime Trade Center (the “Trade Center”); and WHEREAS, any and all prior amendments and renewals are hereby ratified; and WHEREAS, the parties wish to extend the expiration date of the Contract pursuant to the terms of this amendment. NOW, THEREFORE, the City and the Authority agree as follows: 1. Section 1.3 Effective Date; Duration of Term is hereby stricken and a new Section 1.3 is hereby inserted in lieu thereof as below: Section 1.3 Effective Date; Duration of Term. This Contract shall be effective as of the date hereof and it shall expire on the earlier of December 31, 2036 or the date on which the Trade Center is no longer operated for the purposes authorized by the Georgia law creating the Authority. This Contract may be renewed by the agreement of the parties hereto. 2. Notwithstanding any other provision contained in the Contract, the City is expressly authorized to seek to increase its hotel/motel tax rate as authorized under O.C.G.A. § 48- 13-51, as may hereafter be awarded including, but not limited to, subsection (b) thereof in 20170525Packet Page 30 of 39 20170519/jrl order for the City to secure proceeds for tourism product development and other purposes. Thus, if the City secures current authorization for such an increase, it would no longer be collecting the tax pursuant to O.C.G.A. §48-13-51(a)(3.2) at a rate of 6% but, rather, would be collecting the tax pursuant to local legislation and at a higher rate; however, the amount and the rate payable to the Authority would continue at 1 cent of the tax and, if necessary and appropriate, such payment may be made through and under a contract with the private sector non-profit organization, as defined in O.C.G.A. § 48-13- 51(A) of paragraph 8. 3. Notwithstanding anything to the contrary herein or in the Contract, the Contract may be terminated by the City upon ninety (90) days’ notice to the Authority in the event the City may lawfully continue to collect the hotel/motel tax, including the Trade Center Tax, and is not required to distribute a portion to the Authority. 4. Except as amended hereby, all other provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Authority and the City have caused this Amendment to Intergovernmental Contract to be executed by their duly authorized officers in their respective corporate names and their respective corporate seals to be hereunto affixed and attested, all as of the date first above written. GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY [Corporate Seal] By: ______________________________________ Chairman Attest: ____________________________________ Secretary CITY OF TYBEE ISLAND [Corporate Seal] By: _____________________________________ Mayor Attest: ___________________________________ Clerk 20170525Packet Page 31 of 39 20170519/jrl X:\Clients\000572\0000.572.22781-Agreements-Contracts-MOUs\Ga Int'l Maritime Trade Center\05.15.17 - 4th Amendment.docx APPROVED AS TO FORM: _________________________________ Edward M. Hughes, City Attorney 20170525Packet Page 32 of 39 20170519/jrl 20170525PacketPage 33 of 3920170519/jrl 20170525PacketPage 34 of 3920170519/jrl 20170525PacketPage 35 of 3920170519/jrl 20170525PacketPage 36 of 3920170519/jrl AGREEMENT THIS AGREEMENT is made and entered into this ____ day of __________, 2017 by and between FRIENDS OF THE TYBEE ISLAND THEATRE, hereinafter referred to as “Theatre”, and the CITY OF TYBEE ISLAND, a Georgia municipal corporation, hereinafter referred to as “City.” WHEREAS, the City of Tybee Island (“City”) is a municipality existing under the laws of the State of Georgia; and WHEREAS, the City and the Theatre have previously entered into agreements amongst themselves pertaining to financing, loans, repayment of loans and leasing of equipment; and WHEREAS, the City has entered into a lease agreement for certain video and audio equipment in exchange for rent and event space; and WHEREAS, the City has entered into a contract addendum for community service program; and WHEREAS, the City is prohibited by the Constitution of the State of Georgia and the statutes of the State of Georgia and its ordinances from providing gratuities to any entity or person; and WHEREAS, the City has deemed it to be in the best interest of the City and its citizens to enter into this Agreement so as to reflect the consideration and mutual covenants that exist between the Theatre and the City. NOW, THEREFORE, in consideration of the promises contained herein, the following is hereby agreed to: 1. Ratification and Affirmation of Existing Agreements. The parties hereto hereby ratify and affirm all provisions, obligations and covenants contained in the Lease Agreement for Equipment dated February 11, 2016 and the Contract Addendum for Community Service Program existing between them except to the extent modified herein. 2. In light of and recognition of these services and benefits provided to the City by the Theatre, as Lessee, the City does hereby agree that, as of the date of this Agreement, the Theatre and/or Friends of the Tybee Theatre has no further financial obligation to the City based upon any pre-existing understanding or agreement including the previously accrued loan advance or lease deferral in connection with the acquisition of equipment or otherwise or any obligation planned to be discharged by ticket sales and/or sharing in ticket sale revenues with the City. 3. In further consideration of the covenants and promises from one to the other, the Theatre, through the Friends of the Tybee Theatre, does hereby agree that the 20170525Packet Page 37 of 39 20170519/jrl City is entitled to the use of the POST Theatre building and property for an additional four (4) days per calendar year so as to make the total days of City use not less than sixteen (16) days in a calendar year, subject to the other restrictions contained in the Lease Agreement dated February 11, 2016. 4. All other provisions of the Lease Agreement dated February 11, 2016 shall remain in effect, as well as the provisions of the most current Contract for Community Services dated the ___ day of ___________________, each of which is incorporated herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date and year first above written. CITY OF TYBEE ISLAND, GEORGIA By:_______________________________________ Mayor, Jason Buelterman Signed, sealed and delivered in the presence of: _______________________ Attest:________________________________ Witness City Clerk, Jan LeViner ______________________ Notary FRIENDS OF THE TYBEE ISLAND THEATRE By:_____________________________________ Signed, sealed and delivered in the presence of: _________________________ Attest:______________________________ Witness Secretary _________________________ Notary Public Address: ________________________________ ________________________________________ 20170525Packet Page 38 of 39 20170519/jrl 1742954.1 Approved as to form: __________________________ Edward M. Hughes City Attorney 21802 – Agreement – 05.16.17 20170525Packet Page 39 of 39 20170519/jrl