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000_000_20170914 AGENDA....................................................................................................................................................................................... 1020_010_Pirate Fest-2017 Agenda Request....................................................................................................................................................................................... 2030_010_Emergency Ordinance - 01-2016{1675576.1}....................................................................................................................................................................................... 5
AGENDA EMERGENCY MEETING OF TYBEE ISLAND CITY COUNCIL September 14, 2017 10:00am
Please silence all cell phones during Council Meetings
I. Opening Ceremonies
1 Call to Order
II. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Alcohol License Request: Special Event – Beer and Wine – Tybee Pirate Fest
III. Consideration of Ordinances, Resolutions
1 Emergency Ordinance/Resolution – 01 - 2017
IV. Executive Session 1 Discuss litigation, personnel and real estate
V. Possible vote on litigation, personnel and real estate discussed in executive session
VI. 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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EMERGENCY ORDINANCE/RESOLUTION – 01-2017
EMERGENCY ORDINANCE / RESOLUTION
TO GRANT CERTAIN POWERS TO THE CITY MANAGER AND TO MODIFY PROCEDURAL REQUIREMENTS FOR SOLICITATION OF PROPOSALS AND TO SEEK AUTHORIZATION FOR CERTAIN STORM RELATED/PUBLIC HEALTH RELATED EMERGENCY
ACTIVITIES IN THE PUBLIC INTEREST AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia
(the “City”), is the Mayor and Council thereof; and
WHEREAS, the City was recently included in a Declaration of Emergency due to
Hurricane Irma which caused damage, destruction and significant emergency conditions; and
WHEREAS, the City participates in the Chatham County Emergency Management
program and coordinates with the Chatham Emergency Management Agency (CEMA); and
WHEREAS, the City is faced with a crisis that implicates matters of public safety, health,
property and infrastructure and damage caused thereto necessitating removing debris in various
areas, suspension of certain fees, authorizing actions by staff to secure appropriate bids or
proposals consistent with FEMA requirements and to seek appropriate reimbursements; and
WHEREAS, the City has entered into certain contracts with respect to debris removal and
the monitoring of removal pursuant to Federal Emergency Management (FEMA) guidelines; and
WHEREAS, certain locations within the City are served only by private drives and/or
consist of gated communities; and
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WHEREAS, the Chairman of the Chatham County Commission has declared an
emergency pursuant to the Chatham County Emergency Management ordinance; and
WHEREAS, the County ordinance, to which the City submits under its own ordinances,
authorizes the use of private property and the performance of necessary functions to promote and
secure the safety and protection of the civilian population of the City; and
WHEREAS, the County ordinance, as well as the ordinances of the City and the policies
it has adopted pursuant thereto, recognize that the Georgia Emergency Management Act of 1981,
as amended, authorizes municipalities to exercise emergency governmental powers [Chatham
County Emergency Management Ordinance 4-309.2(v)(1)(4) and 4-309.2.b]; and
WHEREAS, the City Charter, Section 2.24, authorizes the City to adopt an emergency
ordinance subject to the provisions thereof.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that a Declaration of Emergency has been declared by the Mayor of the City and
that, therefore, all provisions of The Code of the City of Tybee Island, Georgia, Chapter 18-1, et
seq., shall be in place and the Emergency Operation Plan has been activated in light of the state
of emergency declaration. Pursuant to Section 18-5 and the Emergency Management Act of
1981, the City hereby implements orders consistent with the provisions above in order to
accomplish the protection of the community and its citizens, including the right and obligation
for emergency access to be available and accomplished to all appropriate areas of the City
including, but not limited to, those areas within gated communities and/or located on private
drives and any prohibitions on the rendering of services by the City with respect to private roads
or drives be suspended and superseded hereby to the extent legally permissible and that the City
dedicate such services and equipment as is needed in order to remove the public health and
safety risk and emergency to the extent necessary for the protection of life and property, subject
to the City securing authorization from FEMA in advance of performing such services.
Further, any City Code or provision of law which would otherwise be applicable to the
conduct of City business, including the procedures and Rules of Council with respect to the
adoption of resolutions or ordinances shall be superseded hereby in order so as not to hinder or
delay the implementation of the disaster recovery for a period of thirty (30) days or until
additional action by the Mayor and Council, whichever shall first occur pursuant to the
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provisions of Section 18-6(6) of The Code of Ordinances of The City of Tybee Island, Georgia,
as well as Section 2.24 of the Charter thereof.
Further, it is determined to be in the immediate public interest of the City to authorize the
removal of obstructive debris prohibiting access to residents in need of ongoing emergency
access and restoration efforts and, therefore, the staff of the City may solicit bid proposals and
make reasonable efforts to secure rights of entry and indemnity agreements from the owners of
any private property which might be impacted by the actions and procedures of the City in the
recovery effort and, to the extent possible, the owner of any property impacted by the actions of
the City be given an opportunity to present any objections or comments to the City Manager or
designated emergency official for the City during the process.
It is further resolved by the Mayor and Council of the City of Tybee Island that Hurricane
Irma did widespread damage throughout the City resulting in massive storm debris and other
material from building and houses, damage with such magnitude that the City as a whole,
including public and private streets and gated communities, in need of public assistance for the
removal of storm damage debris and/or in need of emergency protection services and it is in the
public interest to remove and establish access and abate the hazardous conditions to the extent
they constitute a threat to life, public health and safety to all citizens and to promote a
meaningful economic recovery of the City. Due to the declaration of an emergency, the City
considers itself obligated to provide services, including storm debris removal and abatement on
public and private property to promote the public health, safety and to allow for the economic
recovery of the City as a whole. Therefore, the Mayor and Council of the City of Tybee Island
do hereby find that, given the emergency conditions that exist, City staff should immediately
seek to obtain proper approvals from FEMA officials to allow the removal of storm and other
related debris material from private roads and property in gated communities, as well as in the
public areas to the extent necessary for the public interest, health, safety and welfare and to
promote the economic recovery.
Further, the City will suspend fees related to the disposal of storm related household
items and debris in the City dump and will waive late fees for September utility bills and
hotel/motel tax returns; suspend cutoffs for water customers who are late for September and,
further, instruct staff to prepare all appropriate RFPs for storm-related damage of household
contents and construction debris removal in the City right of way and City property, as well as to
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provide for the monitoring thereof and for staff to prepare appropriate RFPs for yard debris and
storm-related damaged household contents and construction debris removal from the shoulders
of private side streets, including within gated communities, upon FEMA approval of said actions
and for staff to prepare appropriate RFPs for the monitoring of any and all debris removal from
provide side streets and/or gated communities with appropriate FEMA approval and to seek
FEMA approval thereof and to take any and all necessary actions to ensure or seek to require or
achieve the maximum amount of allowable FEMA reimbursement under the circumstances.
In addition, the manager is authorized to sign on behalf of the City agreements necessary
and appropriate with FEMA, GEMHSA, or other government agencies in order to assist in
disaster recovery within her discretion reserving the right of the manager to seek direction from
the Mayor and Council as might be appropriate.
In the event advance FEMA approval is not timely received for the removal of trees, yard
debris, storm related/damaged household contents and construction debris removal from the
shoulders of private streets and/or with gated communities, the Mayor and Council will consider
further action depending on conditions and responses to solicitations for bids or proposals on
such tasks and the monitoring thereof by way of further action of counsel.
ADOPTED THIS DAY OF , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
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