HomeMy Public PortalAbout20180308AmendedPacket2.pdfTable of Contents
000_000_20180308amendedAgenda2....................................................................................................................................................................................... 1050_010_02222018Minutes....................................................................................................................................................................................... 3100_010_agenda request-Parking 2018....................................................................................................................................................................................... 8100_011_Private Parking Lots 2018....................................................................................................................................................................................... 9100_020_CC 2-PACKET-20180308....................................................................................................................................................................................... 19 agenda request-text amend-egress 2018....................................................................................................................................................................................... 19 20180212_PC_AGENDA....................................................................................................................................................................................... 20 Staff Report stairs as second egress....................................................................................................................................................................................... 21 1-Stair as second egress amendment PC-NOD EGRESS STAIRS....................................................................................................................................................................................... 22 02-2018 two means of egress 02.27.18....................................................................................................................................................................................... 23 02-2018 REDLINE 02.27.18....................................................................................................................................................................................... 26100_030_20180212 PC_MINUTES....................................................................................................................................................................................... 27110_010_2018 Agenda Request-Bernie's Tybee Island-Alcohol & Entertainment....................................................................................................................................................................................... 29110_020_Gemini Man Request....................................................................................................................................................................................... 34120_010_Agenda Request - Garbage and Recycling 2.5% Rate Increase....................................................................................................................................................................................... 44120_011_Agenda Item - Attachment Garbage Recycle Rate Schedule 2.1% Rate Increase....................................................................................................................................................................................... 45120_020_Agenda Request - Water and Sewer Rate increase based of 2.1%....................................................................................................................................................................................... 46120_021_Water and Sewer Rate Sheet 2018....................................................................................................................................................................................... 47120_030_ agenda request 5th Ave. unopened R of W request....................................................................................................................................................................................... 48120_031_602 hwy 80 plat with 5th ave drive shown....................................................................................................................................................................................... 49120_032_ 604 Hwy 80 Tybee Survey....................................................................................................................................................................................... 50120_040_2018-0305 TybeeIslandTsunamiLease....................................................................................................................................................................................... 51140_010_PJ City of Tybee Island Settlement and Release 4845-3167-9326 v.1....................................................................................................................................................................................... 56
AMENDED AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
MARCH 8, 20187:00PM
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 – Jan LeViner
3 Pledge of Allegiance
IV. Recognitions and Proclamations
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 City Council Meeting Minutes, February 22, 2018
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.
1 Julia Pearce, Ordinance 2017-04, Article III, Special Events
IX. Consideration of Approval of Consent Agenda
X. Public Hearings
1 Approval of Private Parking Lots
2 First Reading, 2018-02, Sec 3-090 – Schedule of Development Regulations (a)(2) and Sec 9-050
– Technical Codes Adopted (C)
3 Planning Commission Minutes, February 12, 2018
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales (new owner on
existing business): Bernie’s Tybee Island (new owner); 13 Tybrisa
2 Gemini Man (Gemini Pictures, LLC): request for additional production activity to take place on
3/24; original request was approved on 2/22.
XII. Consideration of Bids, Contracts, Agreements and Expenditures
1 Request the City Council approve the proposed Garbage and Recycling Rate Increase of 2.1%
per the annual January 2018 CPI, in addition to Atlantic Waste Company’s 5% rate increase.
Atlantic Waste 5% rate increase becomes effective March 1, 2018
2 Proposed Water and Sewer Rate Increase based on the CPI – of 2.1% for January 2018
3 Request to open portion of 5th Avenue, unopened right of way
4 Ocean 10 Security, LLC: Tsunami Camera System, two (2) each, Walter Parker Pier. Budget
line item: Budget Line Item: 100.3210.53.1620 and 100.00.11.3800
XIII. Consideration of Ordinances, Resolutions
XIV. Council, Officials and City Attorney Considerations and Comments
1 Bubba Hughes
i. Settlement and Release, Phillips and Jordan, Inc. 20180308AmendedPacket2 Page 1 of 57 20180308/jrl
2 George Shaw
i. Update – Hazard Mitigation Grant
XV. City Manager’s Report
XVI. Minutes of Boards and Committees
XVII. Executive Session
1 Discuss litigation, personnel and real estate acquisition
XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session
XIX. Adjournment
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard
section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural
and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.”
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City Council Minutes February 22, 2018
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on February 22, 2018. Those
present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown, and
Jackson Butler. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City
Attorney; George Shaw, Director, Community Development; Angela Hudson, Finance Director;
and Janet LeViner, Clerk of Council.
Mayor pro tem Brown listed the following items on the consent agenda:
Arbor Day, February 25, 2018
City Council Meeting, February 8, 2018
Gemini Man (Gemini Pictures, LLC): activity requested will take place during 3 days at
proposed locations. Discussion: Sarah Alread approached Mayor and Council. Ms.
Alread stated prepping of the beach would take place on Saturday, March 24, 2018 with
filming on Monday, March 26, 2018 on the south-end of the beach and Tuesday, March
27, 2018, all equipment will be removed from the beach. Ms. Doyle confirmed the area
at Chatham Avenue access point and the 19th Street access point for equipment. Ms.
Alread confirmed. Mayor pro tem Brown asked if notification was sent to residents and
businesses regarding noise. Ms. Alread confirmed.
Passport, Mobile Parking Payment System. Budget Line Item: See budget adjustments
as listed on the Agenda Request Form.
Memorandum of Understanding and Intergovernmental Agreement, Installation of two
surveillance cameras on the Walker Parker Pier.
Out of State travel for City Manager: ASPBA’s National Coastal Summit, “Working
Together: Science and Policy for Resilient Coasts, Washington, DC, and March 20 – 22,
2018. Budget line item: 100-1320-52-3500
Acceptance of Easement Grant from Tony Petrea and Dale Brown for access to beach on
Pulaski
Establish a committee, listed as an Ad HOC Committee to work on the Marine Science
Center. Discussion: Dr. Gillen stated this Committee will look at the proposals for
Construction Manager at Risk and provide Mayor and Council with recommendations. The
Ad Hoc Committee will continue to work with the Construction Manager throughout
construction.
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
Posting of the Colors: American Legion Post 154
Pledge of Allegiance
Invocation: Dr. Shawn Gillen
Recognitions and Proclamations
City of Tybee Island Staff
i. Years of Service
1. Cody Adams 5 years DPW
2. Heather Brown 5 years Campground
3. Angela Hudson 5 years Finance
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4. Brent Levy 5 years DPW
5. Michael McCarthy 5 years Police
6. Robbie Pierce 5 years DPW
7. Joe Rogers 5 years Campground
8. Tom Smith 5 years Water Sewer
9. Bertram Whitley 5 years Police
10. Michael Bodine 10 years IT
11. Phyllis George 10 years Police
12. Chantel Morton 10 years Community and Development
13. Daniel Imler 15 years DPW
14. Joel Fobes 20 years Police
15. Tiffany Hayes 20 years Police
16. William Moseley 25 years Police
ii. Employee of the Quarter
1. Lisa Schaaf Community and Development
iii. Employee of the Year
1. Phyllis George Police
iv. GMC/FOA 2018 Presidential Award (Georgia Municipal Clerks and
Finance Officers Association). This award goes to those who have a
high level of professionalism, dedication and commitment to community
service
1. Jan LeViner Clerk of Council
v. MLK Committee
1. Angela Hudson, Outstanding Service and Dedication to the Citizens
of Tybee Island
vi. Ava Thomas, Tybee Island Youth Council, Youth of the Month, Trey
Travaille
Consideration of Boards, Commissions and Committee Appointments
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports
to 10 minutes.
Cheryl Branch, Executive Director, SAFE Shelter, approached Mayor and Council to give a
presentation regarding the work of the SAFE Shelter. Mayor Buelterman thanked Ms. Branch for
everything her organization does for the community.
Scarlett Gillen, Liaison, Mayor and Council, gave a brief update regarding the activities of
the Tybee Island Youth Council.
Bob Hunter approached Mayor and Council to speak on the proposed Bicycle and Parking
Study. He asked the criteria of the Study be available to him prior to moving forward.
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
FY 2017-2018 General Fund Budget Amendment. Request the City Council approval
a fiscal year budget amendment for $1,416,834 for the General Fund. Ms. Doyle
expressed her concerns with the amount of the budget amendment as presented. She
understands Mayor and Council had approved items previously but was surprised with the amount
of money that was used for personnel in Human Resources and Planning and Zoning for the
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transition made. She stated she did not realize the impact on the budget when approved. Ms.
Doyle asked, in the future, all budget amendments are done in a timely manner so Mayor and
Council are cognizant of the budget impacts. She commended Ms. Hudson for her presentation
in the packet before them. Mr. Branigin also expressed his concerns with the organizational
changes. Dr. Gillen stated there five major things changed in the budget: (1) Marine Science
Center - $300,000; (2) $360,000 – YMCA Gym roof; (3) $454,255 – potential outcome of contract
for the Flood Mitigation Grant; (4) $138,000 – beach re-nourishment to the Corps of Engineers;
and (5) $40,000 for back flow preventers. Mayor pro tem Brown stated he would prefer to know
the cost of projects/contracts prior to getting into the same situation as before Mayor and Council
tonight. He questioned the increase for HR and IT. Mayor pro tem Brown expressed he concerns
with taking the $1,416,834 from the fund balance. Ms. Doyle confirmed monies for the items on
the agenda tonight are included in the budget adjustment as presented. Ms. Hudson confirmed.
Ms. Doyle again requested budget amendments be presented to Mayor and Council in a timely
manner. Dr. Gillen confirmed. Mayor Buelterman asked for clarification of the expenses for the
repair of the roof at the YMCA. Ms. Hudson gave a report on the current financial status of the
City. She stated revenues are down but does not feel there will be issues. Wanda Doyle made
a motion to approve as presented. Monty Parks seconded. Voting in favor were Julie Livingston,
Monty Parks, John Branigin, Wanda Doyle and Jackson Butler. Voting against was Barry Brown.
Vote was 5-1 to approve.
Budget Authorization: $40,000 for back flow preventers. Budget line item: 100-
4252-54-2102. Barry Brown made a motion to approve. Monty Parks seconded. Vote was
unanimous, 6-0 to approve.
Authorization to spend $25,000 for North End Bicycle and Parking Study. Budget line
item: 100-1320-52-1300. Wanda Doyle made a motion to approve and incorporate in to
the Ad Hoc Committee for the Marine Science Center. Julie Livingston seconded. Vote was
unanimous, 6-0 to approve.
Ecological Planning Group Contract, $25,000, Implementation of the CIG Grant:
Tybee Island Carrying Capacity Study Implementation. Budget line item: 100-7220-
52-1100. Dr. Gillen stated this is continuing the work of the Carrying Capacity Study as it relates
to the rate study for water/sewer and infrastructure needs. Wanda Doyle made a motion to
approve. John Branigin seconded. Vote was unanimous, 6-0 to approve.
Council, Officials and City Attorney Considerations and Comments
Jason Buelterman stated he would like to revisit a dedicated parking space for the North
Beach Grill, as it was never resolved. He stated other businesses on the Island have dedicated
parking but it is for loading and unloading, not personal use. Ms. Doyle stated discussions were
held during negotiations of the leasing agreement and she does not feel dedicated private parking
spaces be provided, as all businesses would then have the same option. Major Buelterman named
the businesses that currently have loading/unloading spaces. He would like to support the North
Beach Grill with their request. Ms. Livingston suggested a specified loading/unloading parking
space allotted to North Beach Grill. Mayor Buelterman requested Dr. Gillen speak with Ms.
Williams, North Beach Grill, for a mutual recommendation. Dr. Gillen to bring recommendations
to a council meeting as the season is very near.
Jason Buelterman referred to Beach re-nourishment/dune-building, stating this was on
the agenda for information only. Dr. Gillen stated he attended a meeting that morning to discuss
the logistics of the re-nourishment. The project is to take approximately three weeks and the
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majority of 250,000 cubic yards of sand is to be placed on the north-end of the beach. Mayor
Buelterman stated the sand pumping will start of March 25, 2018 and will be for only eight days.
Wanda Doyle stated the Beach Task Force recommended a mobi-mat at 8th Street. Mayor
Buelterman clarified he asked the Beach Task Force to address two issues: (1) the area by the
anchor, which has a lot of foot traffic and the dunes need to be closed up and (2) to look at other
crossover areas using 8th Street as an example. He stated that when the crossovers were built
they cut into the dunes and then sand grows over the ends of the crossovers, which causes staff
to dig out the sand. This then creates an alleyway for high water to come through if there is a
hurricane. He would like to have a short crossover built for foot traffic so beachgoers will stay
out of the dunes. Ms. Doyle explained in the past a different type of mobi-mat was put at 7th
Street, which was less expensive and lasted as long as the expensive ones. Ms. Doyle to take
back to the Beach Task Force. Mr. Parks recommended the sand fencing that is currently in place
be extended to help with eliminating the foot traffic.
Wanda Doyle stated Rivers End Campground and RV Park was recognized with two
National Awards. She commended the work of the staff and feels Mayor and Council
need to continue to make progress regarding the campground.
1C-Resolution: Restrictions on unpermitted use of live or recorded musical
entertainment and the consumption or possession of open containers of alcoholic
beverages. Monty Parks stated he was fortunate to attend the Savannah Economic Outlook
recently as well as the Tybee Tourism Profile Market Survey. Both groups stressed the tourist
they are trying to attract are families, families with children, families that are seeking relaxation
and a quiet environment, seeking to commune with nature and looking for safety with their
children. He would like to reaffirm his priority is to provide a safe environment for not only for
tourist but for residents as well. His main concerns are the residents near the Chatham Avenue
area, as they witness the excessive drinking and bad behaviors from non-family events. He would
like to make a motion to approve the 1C-Resolution as it stands. Mayor Buelterman clarified there
would be no consumption of alcohol in public spaces from March 12 – 16, 2018 and the two
weekends in April 2018: April 13 – 15 and April 20 – 22, 2018. Monty Parks made a motion to
approve as written. Motion failed for lack of second. John Branigin made a motion to
approve as amended specifically to make this Resolution pertain to the April 2018 weekends only
as stated above, striking paragraphs 5, 6, 7 and 9 and redacting the reference to March 12 – 16,
2018 at the beginning of paragraph 15. Julie Livingston seconded. Discussion: Mr. Parks
stated he feels Mayor and Council are setting the bar too high and not supplying the tourist with
what they need for the families that live in the community. Ms. Doyle asked if this includes
amplified music. Mayor Buelterman confirmed. Voting in favor were Julie Livingston, Monty
Parks, John Branigin, Wanda Doyle and Jackson Butler. Voting against was Barry Brown. Motion
to approve as amended, 5-1.
Extension of permit application time for rebuilding a non-conforming structure after
a natural disaster – Patel’s billboard. George Shaw approached Mayor and Council. Mr.
Shaw stated in October 2017, Mayor and Council approved the extension for the parcel of land
to the west. What is before Mayor and Council is the parcel of land to the east, next to Waves.
There were two billboards and they were destroyed during the hurricanes. Meredith Allen
approached Mayor and Council. Ms. Allen stated she is representing Mr. Patel in this issue. She
stated there is a parcel of land adjacent to the Surf Shop where there is an existing non-
conforming billboard. During hurricane Matthew the billboard blew off the poles and the State
determined the owners needed to get a Coastal Marsh Protection Act Permit. The State also
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asked if the owners could move the sign to the upland area of the parcel. Ms. Allen stated the
owner is asking for two things: (1) put the billboard back and (2) at the request of DNR to move
the billboard out of the marsh, four feet upland. Mr. Hughes stated the owner did not apply for
a permit within six months of the destruction and could have put the back without anyone’s
permission. Mr. Hughes explained by Mayor and Council approving what is before them, the
billboard could be rebuilt in the same location. Ms. Allen stated the petitioner could not rebuild
within the six-month requirement as DNR had a moratorium on this type of project. Mr. Parks
would like the billboard put back but not in the marsh. Ms. Allen stated her client is willing to
move the billboard out of the marsh. Barry Brown made a motion to approve to include moving
the billboard out of the marsh. Wanda Doyle seconded. Discussion: Mayor pro tem Brown
asked Ms. Allen how long it take the petitioner to move the billboard. Ms. Allen responded three
months. Mayor pro tem Brown added a three-month stipulation for completion. Ms. Doyle agreed
to the three-month stipulation. Vote was unanimous, 6-0 to approve.
Jackson Butler addressed the elected official’s access to City health care plans (as
discussed in the Goal Setting Workshop). After a brief discussion, Mr. Parks stated he would
like an insurance presentation, as it would pertain to Mayor, Council, and their spouses. Dr
Gillen to bring information to Mayor and Council at next meeting.
Mr. Shaw gave a brief updated on the Hazard Mitigation Grant. He stated all applications
were sent to the State and a cursory review was done. They were impressed with the detail of
the package. As only one other municipality has submitted applications, he feels monies may
be available for all sixty homes that completed the applications. The contribution for the
homeowners will be between $13,000 and $33,000 as the Federal Government’s contribution is
75% of the cost; the State’s 10% of the cost; and the homeowners the remaining. Mr. Shaw
explained he received a form that the homeowners need to complete acknowledging they
understand their cost. Dr. Gillen commended Mr. Shaw and Ms. Hudson for their hard work as
related to FEMA and hurricanes Matthew and Irma.
Julie Livingston made a motion to adjourn to executive session to discuss 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.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 9:20PM.
______________________________
Janet R. LeViner, CMC
Clerk
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Agenda Item Request must be submitted to the Clerk of Council by 4:00pm on the Thursday prior to the
next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda.
Council Meeting Date for Request: March 8, 2018
Item: Parking lots
Explanation:
SUNRISE PARKING 1511 BUTLER AVENUE
HOTEL TYBEE PARKING 1401 STRAND AVENUE
RENEE G. BRIDGES 1001 BUTLER ANENUE
BRAMBLE FAMILY 215 LOVELL AVENUE
JOYCE PRESCOTT 214 SECOND AVENUE
JACK ROSENBERG 203 FOURTEENTH STREET
Paper Work: X Attached*
X 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: 912‐472‐5033 / lschaaf@cityoftybee.org
Date given to Clerk of Council: 2/27/2018
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Private Parking Lots20180308AmendedPacket2Page 9 of 5720180308/jrl
2006‐20182006‐20182009‐20182010‐20182011‐20182006‐201820180308AmendedPacket2Page 10 of 5720180308/jrl
Bramble Family Parking20180308AmendedPacket2Page 11 of 5720180308/jrl
Renee G. Bridges Survey and Site Plan20180308AmendedPacket2Page 12 of 5720180308/jrl
Joyce Prescott Parking20180308AmendedPacket2Page 13 of 5720180308/jrl
Joyce Prescott parking20180308AmendedPacket2Page 14 of 5720180308/jrl
Jack Rosenberg Parking20180308AmendedPacket2Page 15 of 5720180308/jrl
Hotel Tybee Parking20180308AmendedPacket2Page 16 of 5720180308/jrl
Sunrise Parking20180308AmendedPacket2Page 17 of 5720180308/jrl
Sunrise Parking20180308AmendedPacket2Page 18 of 5720180308/jrl
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Agenda Item Request must be submitted to the Clerk of Council by 4:00pm on the Thursday prior to the
next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda.
Council Meeting Date for Request: MARCH 8, 2018
Item: TEXT AMENDMENT
Explanation: SEC. 3‐090. – SCHEDULE OF DEVELOPMENT REGULATIONS. (A)(2) AND SEC. 9‐050. –
TECHNICAL CODES ADOPTED. (C).
Action Requested: TO ADDRESS CHANGING EGRESS TO STAIRS.
Paper Work: X 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: 912‐472‐5033 / lschaaf@cityoftybee.org
Date given to Clerk of Council: 2/28/2018
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
AGENDA
February 12, 2018 – 7:00 p.m.
For City Council Meeting March 8, 2018 – 7:00 p.m.
A. Call to order:
B. Planning Commission Oath administered by Mayor Jason Buelterman
(2-year terms end January 31, 2020):
1. Demery Bishop
2. Ron Bossick
3. Marianne Bramble
4. Tina Gann
C. Elections:
1. Chair
2. Vice Chair
D. Consideration of Minutes:
1. Minutes of January 22, 2018
E. Disclosures/Recusals:
F. Old Business:
G. New Business:
1. Text Amendment: Sec. 3-090. – Schedule of development regulations. (A)(2) and Sec. 9-050.
–Technical codes adopted. (C).
H. Standing Agenda Item:
“MPIC Update - Alan Robertson - “Will be on March 19th Agenda”
Adjournment:
Lisa L. Schaaf
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1
STAFF REPORT
PLANNING COMMISSION MEETING: February 12, 2018
CITY COUNCIL MEETING: March 8, 2018
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 3, Section 3-090 Schedule of development regulations and Article 9,
Section 9-050 Technical codes adopted.
PROPOSAL: To make it clear that the required second egress from an elevated home must be either standard or
circular stairs.
ANALYSIS: The building code allows for a window to be an egress from an elevated floor of a home. Tybee
amended their ordinance several years ago to require a second egress with the intention of it being a stairway.
Some builders believe that since the ordinance doesn’t specify stairs then an appropriate sized window is sufficient.
This amendment removes 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
NOTICE OF DETERMINATION
Meeting date: 2/12/2018
Project Name/Description: Sec. 3-090. –Schedule of development regulations. (A)(2) and Sec.9-
050. –Technical codes adopted. (C)
Action Requested: To address changing egress to stairs.
Special Review Subdivision:
Sketch Plan Approval ___ Conceptual ___
Preliminary Plan Approval ___
Final Plat Approval ___
Minor Subdivision Major Subdivision ___
Site Plan Approval
Variance
Map Amendment
Text Amendment X
Petitioner has met all documentation requirements, all external approval requirements, and all
code requirements, except for the following:
The Planning Commission Motion on Petition: Approval Denial Continued
Action on Motion:
COMMISSIONER FOR AGAINST COMMENTS
Bishop
Bossick X Second
Robertson Absent
Gann X
Bramble X
Matlock X
McNaughton X Motion
Planning Commission Chair: _____________________________ Date: _______________
Planning & Zoning Manager: _____________________________ Date: _______________
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1657048.1
ORDINANCE NO. 02-2018
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
TO AMEND THE LAND DEVELOPMENT CODE,
SECTION 3-090(a)(2) DEALING WITH THE SECOND SET
OF STAIRS FOR EGRESS AND SECTION 9-050(c) RELATING TO
THE TECHNICAL CODES ADOPTED
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to amend the Land Development Code,
Sections 3-090(a)(2) relating to the second set of stairs for egress and 9-050(c) dealing with the
technical codes adopted, to repeal conflicting ordinances and for other purposes.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that The Land Development Code of the City of Tybee Island, Georgia, Section 3-
090(a)(2) dealing with the second set of stairs for egress and Section 9-050(c) relating to the
technical codes adopted is amended so that hereafter the section and Code shall read as
hereinafter provided.
SECTION 1
The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section
3-090(A)(2) to be amended so that hereafter it shall read as follows:
Sec. 3-090(A)(2).
A second set of stairs from an existing elevated home or existing home to be elevated in
the future may encroach into the setback upon approval of the Zoning Administrator. The stairs
shall encroach as little as possible into the setback.
SECTION 2
Section 9-050(c) shall be amended so that hereafter it shall read as follows:
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2
Sec. 9-050(c).
Adopted in addition to the technical codes of subsection (A is a local requirement that a
minimum of two means of egress shall be provided in every building or structure and/or section,
and area, including one- and two-family dwellings, where size and/or occupancy, and/or
arrangement endanger occupants attempting to use a single means of egress that is blocked by
fire or smoke. The two means of egress shall be arranged to minimize the possibility that both
might be rendered impassable by the same emergency condition. The two means of egress from
the first elevated floor to the ground level must be either standard or spiral stairways.
SECTION 3
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 4
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 5
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
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3
SECTION 6
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
ADOPTED THIS DAY OF , 2018.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
572.001.Ordin 2018/2-2018 two means of egress 02.27.18
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Sec. 3-090. – Schedule of development regulations.
(A)(2)
A second egress set of stairs from an existing elevated home or existing home to be elevated in the
future may encroach into the setback upon approval of the zoning administrator. The egress stairs
shall encroach as little as possible into the setback.
Sec. 9-050. – Technical codes adopted
(C)
Adopted in addition to the technical codes of subsection (A) is a local requirement that a minimum
of two means of egress shall be provided in every building or structure and/or section, and area,
including one- and two-family dwellings, where size and/or occupancy, and/or arrangement
endanger occupants attempting to use a single means of egress that is blocked by fire or smoke.
The two means of egress shall be arranged to minimize the possibility that both might be rendered
impassable by the same emergency condition. The two means of egree from the first elevated floor
to the ground level must be either standard or spiral stairways.
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble ASSISTANT CITY MANAGER
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
MINUTES
February 12, 2018
Commissioner Bishop called the February 12, 2018 Tybee Island Planning Commission meeting to order.
Commissioners present were Charles Matlock, David McNaughton, Ron Bossick, Marianne Bramble
and Tina Gann. Alan Robertson was not present.
Planning Commission Oath administered by Mayor Jason Buelterman
(2-year terms end January 31, 2020):
Commissioner Bishop turned the meeting over to Mayor Buelterman for the Planning Commission
oath. Mayor Buelterman began with thanking the members for their service, the time they put in and
let them know they are very much appreciated. Mayor Buelterman then administered the oath to
Commissioner Bishop, Commissioner Bossick, Commissioner Gann and Commissioner Bramble.
Elections:
Commissioner Bishop asked if anyone has a motion for Chairman. Commissioner McNaughton
nominated Commissioner Bishop for Chairman and Commissioner Bramble seconded, the vote was
unanimous. Commissioner Bramble made the motion to nominate Commissioner Bossick for Vice
Chair and Commissioner Matlock seconded, the vote was unanimous.
Consideration of Minutes: Chair Bishop asked for consideration of the January 22, 2018 meeting
minutes. Commissioner Matlock made a motion to approve Vice Chair Bossick seconded the vote to
approve was unanimous.
Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There was none.
Old Business: Chair Bishop asked if there was any old business. There was none.
New Business:
Text Amendment: Sec. 3-090. –Schedule of development regulations. (A)(2) and Sec. 9-050. –
Technical codes adopted. (C). Mr. Shaw approached the Planning Commission and stated the code for a
second egress has been challenged recently because of the of the building code states that an egress could be
a window. He thought Tybee’s code meant a second set of stairs although it does not say a second set of
stairs. Mr. Shaw stated the wording should be changed and he gave them an example of what he thinks the
code should say. Vice Chair Bossick stated there are a few areas that need to be specific to what the code
means. Mr. Shaw stated he does agree that the wording needs to be carefully phrased because they could
also be challenged in the future. Chair Bossick stated that was the intent for this second egress from the
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beginning for it to be a second set of stairs. Commissioner McNaughton asked are we counting the area
under the house as a level. Mr. Shaw stated yes that would be counted as the first level and if there is
another level, that would count for a second level and that would need a second set of stairs. Vice Chair
Bossick suggested in Sec. 9-050 (C) in the red section after the word egress to add in (to ground level) that
might make it clearer. Also in Sec. 3-090, Mr. Shaw could fix that. He was also concerned with customers
adding stairs in the set back without finding another option. Mr. Shaw stated that sometimes it is a cost
burden to the customer, having to put a set coming up through the floor verses off the back deck. Mr. Shaw
stated he and Mr. Hughes had a discussion about if there were a third story house does the third floor need
two means of egress. Mr. Shaw stated that in his opinion that is what it says, and if that is not the intent that
it needs to be clearer. Commissioner McNaughton made a motion to change the wording in Sec. 9-050 (C)
to read (The two means of egress from the first elevated floor to the ground level must be either standard or
spiral stairways.) and Sec. 3-090 as written, Vice Chair Bossick seconded the vote was unanimous.
Chair Bishop asked if someone from the Planning Commission could attend the Community work plan
forum that is going to be February 13, 2018 at the old school in the cafeteria from eight until two. He stated
he would not be able to make it but he feels the Planning Commission should be more involved in
discussions like this one. Vice Chair Bossick stated he could be there. Commissioner Bramble also stated
she would be there.
Chair Bishop also asked if staff could look back at old meetings to see how the Planning Commission use
to handle two meetings in the month, and try to put that on the agenda for discussion. Mr. Shaw stated he
would have to check with Mr. Hughes about the meetings having to be advertised or not.
Meeting adjourned 8:00pm
Lisa L. Schaaf
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle\
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Council Meeting Date for Request: 3/8/2018
Item: To request that the City Council approve the proposed Garbage and Recycling Rate Increase of 2.1% per
the annual January 2018 CPI, in addition to Atlantic Waste Company’s 5% rate increase. Atlantic Waste 5%
rate increase becomes effective March 1, 2018.
Explanation: Atlantic Waste Company’s contract with the City allows them to increase their annual rates based
upon the CPI every 18 months of service. Atlantic Waste contract with the City began April of 2016. This is
the first rate increase requested by Atlantic Waste since the contract was initiated. The 5% rate increase is in
excess of the combined CPI for both 2017 and 2018 by .40%.
Included in the proposed rates are complementary recycling (no fee) only to senior households that qualify for
senior exemption. In addition, this proposed rate still includes the reduced rate of $5.87 /household for
Stephens Day residents for side door service for one garbage cart and one recycling cart per household. The
new proposed rate schedule is attached and the increase will become effective with the March 1, 2018 bill that
is due out by April 5, 2018.
Budget Line Item Number: N/A
Paper Work: X Attached*
______ Audio/Video Presentation**
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Nalene E. Conway
Phone / Email: nconway@cityoftybee.org
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201620172018 Proposed Supplemented Customers Total CostAtlantic Waste City Billed Rate 5% Atlantic Increase 2018 Rate General Fund Billed supplementedService(per month) (per month) (per month) (per month) (per month) (per month) (per month)Garbage:Garbage Residential Cart14.75$ 15.12$ 15.50$ 15.82$ Stephens Day Homestead Exemption Rate**10.97$ 11.24$ 15.50$ 12.04$ 3.46$ 917$ $3,173.00Additional Roll-Out Garbage Cart (per kitchen)*14.75$ 15.12$ 15.50$ 15.82$ Garbage Commercial Cart 26.78$ 27.45$ 23.90$ 28.02$ Commercial Additional Garbage Cart26.78$ 27.45$ 23.90$ 28.02$ Administrative Surcharge Per Garbage Cart1.02$ 1.05$ 2.00$ 3,317$ -$6,634.00Recycling:-$ Recycle Containers6.18$ 6.33$ 6.50$ 6.63$ Stephens Day Homestead Exemption Rate**4.14$ 4.24$ 6.50$ 4.54$ 2.09$ 883$ $1,846.00Additional Recycle Container6.18$ 6.33$ 6.50$ 6.63$ Rate only for seniors who qualify for senior homestead exemption-$ -$ 6.63$ 38$ $252.00Compactor Rate:Rate/Cart/Month 26.78$ 27.45$ 28.02$ 28.02$ Yard waste for once a week pick up for 2,900 customers4.64$ -$ 4.64$ 2,595$ $12,041.00* The number of units billed is determined by the number of kitchens on premises.**The total rebate per Stephens Day household is $5.87/month for garbage and recycling$10,678.00Garbage & Recycle Rate Schedule - 2.1% Approved Rate Increase20180308AmendedPacket2Page 45 of 5720180308/jrl
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Council Meeting Date for Request: March 8th, 2018
Item: Proposed Water and Sewer Rate Increase Based on the CPI – of 2.1% for January 2018
Explanation: This is an annual increase based on the CPI -of 2.1% for January 2018 per /City Code Section 70-
106 (d) The new proposed rate schedule is included as an attachment with this agenda. The proposed rate
increase will become effective as of the March 2018 bill that will be mailed out by April 5, 2018.
Paper Work: __X__ Attached*
_____ Audio/Video Presentation**
Submitted by: Nalene E. Conway
Phone / Email: nconway@cityoftybee.org
Comments:
__________________________________________________________________________________________
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Service Rate Adopted
1.23.14
Rate Adopted
2.26.15
Rate Adopted
2.11.16
Rate Adopted
3.9.17
Rate Proposed
3.8.2018
Water:Commercial Multi $ 11.72 $ 11.82 11.90 12.20 12.45
Additional Units
(no kitchen)$ 7.55 $ 7.61 7.67 7.86 8.02
Commercial
Single $ 11.72 $ 11.82 11.90 12.20 12.45
Bed & Breakfast $ 11.72 $ 11.82 11.90 12.20 12.45
Municipal $ 11.72 $ 11.82 11.90 12.20 12.45
Residential –
Single Family $ 10.30 $ 10.38 10.46 10.72 10.94
Residential –
Multi-Family (per kitchen)$ 10.30 $ 10.38 10.46 10.72 10.94
Consumption $ 10.30 $ 10.38 10.46 10.72 10.94
Residential –
Senior $ 4.96 $ 5.00 5.04 5.16 5.27
$ - $ -0.00 0.00
Sewer:Commercial Multi $ 26.80 $ 27.01 27.20 27.88 28.46
Additional Units
(no kitchen)$ 7.55 $ 7.61 7.67 7.86 8.02
Commercial
Single $ 26.80 $ 27.01 27.20 27.88 28.46
Bed & Breakfast $ 26.80 $ 27.01 27.20 27.88 28.46
Municipal $ 26.80 $ 27.01 27.20 27.88 28.46
Residential –
Single Family $ 23.59 $ 23.78 23.94 24.54 25.05
Residential –
Multi-Family (per kitchen)$ 23.59 $ 23.78 23.94 24.54 25.05
Residential –$ 11.96 $ 12.05 12.14 12.44 12.70
Service: Usage Volume:
Rate Adopted
1.23.14
Rate Adopted
2.12.15
Rate Adopted
2.11.16
Rate Adopted
3.9.17
Rate Proposed
3.8.2018
Water:0 - 3,000 gallons
3,000 – 5,000
gallons
$ 3.24 $ 3.26 3.29 3.37 3.44
5,000 – 10,000
gallons
$ 3.51 $ 3.54 3.56 3.65 3.73
10,000 – 20,000
gallons
$ 3.78 $ 3.81 3.83 3.93 4.01
20,000 and above $ 4.05 $ 4.08 4.11 4.21 4.30
$ - $ - 0.00 0.00
Sewer:0 - 3,000 gallons $ - $ - 0.00 0.00
3,000 – 5,000
gallons
$ 3.24 $ 3.26 3.29 3.37 3.44
5,000 – 10,000
gallons
$ 3.51 $ 3.54 3.56 3.65 3.73
10,000 – 20,000
gallons
$ 3.78 $ 3.81 3.83 3.93 4.01
20,000 and above $ 4.05 $ 4.08 4.11 4.21 4.30
$ - $ - 0.00 0.00
0 - 3,000 gallons $ 3.24 $ 3.26 3.29 3.37 3.44
3,000 – 5,000 $ 3.24 $ 3.26 3.29 3.37 3.44
5,000 – 10,000 $ 3.51 $ 3.54 3.56 3.65 3.73
10,000 – 20,000 $ 3.78 $ 3.81 3.83 3.93 4.01
20,000 and above $ 4.85 $ 4.89 4.92 5.05 5.15
* 3,000 gallons of water consumption and sewer disposal are included in the base charge for each customer class
City of Tybee Island Water & Sewer Rate Schedule - Rate Change Reflects 2.1% CPI
Consumption Rates per 1,000 Gallons:
Sprinkler/
Consumption
Only:
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
Wanda Doyle
John Branigin
Jackson Butler
Monty Parks
Julie Livingston CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by
4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the
deadline, the item will be listed on the next scheduled agenda.
Council Meeting Date for Request: March 8, 2018
Item: Request to open portion of 5th Ave. unopened right of way
Explanation: The applicant wishes to open this portion of 5th Ave. to access a lot behind the lot that fronts
Hwy. 80. The frontage lot used to be the doctor’s office. This portion of 5th Ave. is currently the entrance to a
nature trail.
Budget Line Item Number (if applicable):
Paper Work: x Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email to
jleviner@cityoftybee.org.
** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: George Shaw
Phone / Email: gshaw@cityoftybee.org
Comments: This area is currently used as a nature trail and recently had new plantings put in in honor of Arbor
Day. There is a 12’ access easement to the west of the frontage lot by which this lot can be accessed.
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1
STATE OF GEORGIA )
COUNTY OF CHATHAM )
EQUIPMENT LEASE AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of __________________,
2018, by and between OCEAN 10 SECURITY, LLC of 21 Biltmore Avenue, Suite 301, Asheville,
North Carolina 28801 (hereinafter “Lessor”) and the CITY OF TYBEE ISLAND, GEORGIA, 403
Butler Avenue, Tybee Island, Georgia 31328 (hereinafter “Lessee”).
W I T N E S S E T H :
1. Equipment. Lessor hereby leases to Lessee the following equipment: (the
“Equipment”) two (2) Tsunami Camera Systems. Lessee will provide their own 4G data plan.
2. Lease Term. The lease will begin on March 1, 2018 and will end on February 28,
2019 with an optional 12 month renewable term for each additional year at the initial quoted price
of Six Thousand and No/100 ($6,000.00) Dollars per Tsunami device including tech support,
warranty and unlimited software downloads. For leases that are extended past a three (3) year
term, a new complete Tsunami system will be delivered at no additional cost over the recurring
lease amount before the fourth (4th) year commences to ensure fresh equipment. Notwithstanding
the foregoing, all obligations of the Lessee shall cease and terminate effective at the end of each
fiscal year subject to the optional renewal provided for herein. For any year in which an optional
renewal notice is provided, the lease will be extended for an additional 12 month term. Lessee’s
fiscal year ends on June 30 each year.
3 Payments. Lessee agrees to pay to Lessor an annual payment of $6,000 per Tsunami
device, annually with the option to renew each additional thereafter, to commence upon execution
of this agreement, no other direct charges are imposed on the lease.
4. Late Charges. If any amount under this Agreement is more than 30 days late, Lessee
agrees to pay a late fee of $50 per Tsunami System.
5. Installation. Installations are handled on a case by case basis as circumstances and
situations may require. Separate agreements will be created to address specific needs of the Lessee
and Lessor. Lessee agrees to supply 110V electrical connectivity at their expense, and any special
mounting surfaces, devices, and all associated costs. Lessor can offer physical installation of the
equipment (as otherwise stated and clarified on a case by case basis), and will unlimited no-cost
supply software installs on Lessee’s user equipment, and training of IT and management personnel.
Movement of the device is the responsibility of the lessee.
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6. Delivery. Lessee [_] shall or [X] shall not, be responsible for all expenses and costs:
i) at the beginning of the Lease Term, of shipping the Equipment to Lessee’s premises and ii) unless
the lease is continued, at the end of the Lease Term, of shipping the Equipment back to Lessor’s
premises.
7. Defaults. If Lessee fails to perform or fulfill any obligation under this Agreement,
Lessee shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary,
Lessee shall have seven (7) days from the date of notice of default by Lessor to cure the default. In
the event Lessee does not cure a default, Lessor may at Lessor’s option (a) cure such default and the
cost of such action may be added to Lessee’s financial obligations under this Agreement; or (b)
declare Lessee in default of the Agreement. If Lessee shall become insolvent, cease to do business
as a going concern or if a petition has been filed by or against Lessee under the Bankruptcy Act or
similar federal or state statute, Lessor may immediately declare Lessee in default of this Agreement.
In the event of default, Lessor may, as permitted by law, re-take possession of the Equipment
including the Lessee providing premises access to the Lessor to obtain the equipment. Lessor may,
at its option, hold Lessee liable for any difference between the fees that would have been payable
under this Agreement during the balance of the unexpired term and any fees paid by any successive
lessee if the Equipment is re-let minus the cost and expenses of such re-letting. In the event Lessor
is unable to re-let the Equipment during any remaining term of this Agreement, after default by
Lessee, Lessor may at its option hold Lessee liable for the balance of the unpaid fees under this
Agreement, if this Agreement had continued in force.
8. Possession and Surrender of Equipment. Lessee shall be entitled to possession of the
Equipment commencing upon installation or the supply of the equipment by the Lessor. Prior to the
expiration of the Lease Term, Lessee will have the option to continue the lease relationship into
another term and rate to be determined, or shall surrender the Equipment to Lessor.
9. Use of Equipment. Lessee shall only use the Equipment in a careful and proper
manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use,
maintenance or storage of the Equipment. The Lessor will be the sole determinate of the
equipment maintenance or error troubleshooting, including but not limited to replacement of
equipment as determined necessary for its proper function.
10. Condition of Equipment and Repair. Lessee or Lessee’s agent has inspected the
Equipment and acknowledges that the Equipment is in good and acceptable and operational
condition.
11. Maintenance, Damage and Loss. In the event the equipment is lost, stolen, or
damaged beyond repair due to “act of God” or vandalism, outside of a warranty issue, Lessee is
responsible for the damage incurred to the equipment. It is noted that Ocean 10 Security carries an
internal damage insurance policy on the Tsunami device with a deductible of no more than $3,000
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to the customer in the case of a total loss unless otherwise covered my municipal insurance policy.
For the example of the Tsunami taking a direct gunshot impact to one of the four mounted cameras,
the customer would for instance, only incur a cost of $175 of the actual $900 retail cost of this
camera.
12. Accessibility. During the lease term, the Lessor may require physical access to the
equipment to conduct maintenance, troubleshooting, repair, or upgrades, and will subsequently
provide notice to the Lessee of the need for access. The Lessor reserves the exclusive right to
maintain its equipment, and may license outside contractors to also provide service to the equipment,
and may also permit the Lessee to access the system at the Lessor’s discretion for minor system
needs, such as electrical connectivity and installation.
13. Insurance. Lessee shall be responsible for the Equipment with losses payable to
Lessor against fire, theft, collision, vandalism, and other such risks as are appropriate and specified
by Lessor. Lessee may or may not have direct insurance for the Tsunami device but it is
recommended to add the device to an existing or new policy.
14. Encumbrances, Taxes and Other Laws. Lessee shall keep the Equipment free and
clear of any liens or other encumbrances, and shall not permit any act where Lessor’s title or rights
may be negatively affected. Lessee shall be responsible for complying with and conforming to all
laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore,
Lessee shall promptly pay all taxes, fees, licenses and governmental charges, together with any
penalties or interest thereon, relating to the possession, use or maintenance of the Equipment.
15. Lessor’s Representations. Lessor represents and warrants that he/she has the right to
lease the Equipment as provided in this Agreement and that Lessee shall be entitled to hold and
possess the Equipment. Lessor will not interfere with that right as long as Lessee pays the Rent in a
timely manner and performs all other obligations under this Agreement.
16. Ownership. The equipment and recorded content is and shall remain the exclusive
property of the Lessor but such recorded content may NOT be used by the Lessor without written
consent by Lessee.
17. Severability. If any part or parts of this Agreement shall be held unenforceable for
any reason, the remainder of this Agreement shall continue in full force and effect. If any provision
of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if
limiting such provision would make the provision valid, then such provision shall be deemed to be
construed as so limited.
18. Assignment. Neither this Agreement nor Lessee’s rights hereunder are assignable
except with Lessor’s prior, written consent.
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19. Binding Effect. The covenants and conditions contained in the Agreement shall
apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of
the Parties.
20. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Georgia. Any disputes arising hereunder shall be resolved
by mediation and, if not resolved and litigation becomes necessary, the venue for any and all suits
hereunder shall be in the Superior Court of Chatham County or the United States District Court for
the Southern District of Georgia.
21. Termination. If at any point during the term of the lease, the Tsunami system is not
functioning as described because of manufacturer defect and the problem continues to be
unresolved, the Lessee may terminate the contract with written notice to Lessor. Such notice must
be written and mailed with a certified return receipt requested to be delivered to:
Lessor: Ocean 10 Security, LLC, 21 Biltmore Ave. suite 301, Asheville, NC 28801
Party may change such address by providing notice to Lessee at beginning of annual billing period.
If Lessee does not receive delivery receipt, Lessee must contact Lessor for updated address.
Any notices required hereunder to Lessee shall be addressed to:
City Manager, City of Tybee Island, Georgia, 403 Butler Ave, Tybee Island, GA 31328
22. Entire Agreement. Other than what may be specifically agreed to as an addendum to
this document, this agreement constitutes the entire agreement between the Parties and supersedes
any prior understanding or representation of any kind preceding the date of this Agreement. There
are no other promises, conditions, understandings or other agreements, whether oral or written,
relating to the subject matter of this Agreement. This Agreement may be modified in writing and
must be signed by both Lessor and Lessee.
23. Cumulative Rights. Lessor’s and Lessee’s rights under this Agreement are
cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
24. Waiver. The failure of either party to enforce any provisions of this Agreement shall
not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this Agreement. The acceptance of rent by Lessor does not waive
Lessor’s right to enforce any provisions of this Agreement.
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25. Warranty & Support. Lessor is responsible for the functionality of the Tsunami
system during the term of the lease; whereby functionality is described as manufacturing or
program defects. In the event of a malfunction of the system, the Lessor (via remote access) and
the lessee will work together to diagnose the issue and make corrective action whether by program
or firmware corrective action. In the event of a diagnosed hardware malfunction determined to be
a manufacturing error, it is the responsibility fo the lessor to ship a new functioning part to the
Lessee for replacement. The Tsunami is engineered for all major components to be ‘quick detach”
and/or “hot swap” in the event of a necessary hardware replacement. Ocean 10 Security will
provide training to lessee for hardware replacement. It is the responsibility of the Lessee to
position the Tsunami system in a matter to which the Lessee may easily access the system in the
event of an issue; whereby high elevation mounting have restricted access and may hinder access.
It is noted that many issues are derived from a power loss to the Tsunami via a breaker/GFI trip
feeding power to the device and this issue shall be the sole responsibility of the Lessee. It is noted
that the Lessor will also assist in non-warranty malfunctions derived from issues such as vandalism
and/or “acts of God” but the expense of replaced parts shall be the responsibility of the Lessee.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
dates below:
LESSOR: Ocean 10 Security LLC By: Stephen Teachout
POSITION: CEO
DATE: __________________________________________
Signature
LESSEE: City of Tybee Island, GA Name: ____________________________________
DATE: ___________________________ POSITION: ________________________________
__________________________________________
Signature
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4845-3167-9326 v1
1037842-000234 02/28/2018
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement is entered into by and between the City of Tybee Island ("the
City") and Phillips and Jordan, Inc. ("P&J") and its respective affiliated entities, parents, owners,
successors, partners, agents, representatives, current and former employees, officers, and
directors.
WHEREAS, the City engaged the services of Phillips and Jordan, Inc. for disaster debris
cleanup and removal following damage caused by Hurricane Matthew in October, 2016. P&J
was retained by the City prior to the storm on a stand-by basis pursuant to an advance contract
(the "Pre-position Contract") and after the storm through three additional contracts: #687
"Stumps, Leaners and Hangers," #688 "Private Rights-of-Way," and #689 "Construction Debris
and White Goods." Collectively the agreements between the parties may be referred to as "the
Contracts".
WHEREAS, P&J's work was completed in a timely manner and consistent with the terms
of the Contracts;
WHEREAS, P&J submitted invoices for the work performed and completed. Due to
confusion regarding the allocation of work to invoices and instructions from third-parties, some but
not all of the invoices were paid by the City to P&J;
WHEREAS, P&J and the City wish to compromise and settle the outstanding invoices in
order to close the Contracts;
NOW, THEREFORE, in consideration of the foregoing and the promises contained
herein, P&J and the City agree as follows:
1. The City shall pay to P&J the sum of $211,607.48 as full and final settlement of
all invoices, including outstanding invoices.
2. The Contracts between the parties shall be terminated for convenience.
3. P&J fully releases, waives, and otherwise dismisses and will not pursue, all
claims, demands, rights, and causes of action against the City relating to or arising out of the
Contracts.
4. The City fully releases, waives, and otherwise dismisses and will not pursue, all
claims, demands, rights, and causes of action against P&J relating to or arising out of the
Contracts.
5. The payment by the City to P&J is not to be construed as an admission of liability
on the part of either party at any time or for any purpose.
6. This Settlement Agreement sets forth the entire agreement between the City and
P&J.
[Signature Page Follows] Formatted: Centered
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4845-3167-9326 v1
1037842-000234 02/28/2018
AGREED AND ACCEPTED:
PHILLIPS AND JORDAN, INC. CITY OF TYBEE ISLAND
___________________________________ ___________________________________
By: ________________________________ By: ________________________________
Its: ________________________________ Its: ________________________________
Date: ______________________________ Date: ______________________________
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