HomeMy Public PortalAbout20180510CityCouncilPacket.pdfTable of Contents
000_000_20180510Agenda....................................................................................................................................................................................... 1050_001_20180426Minutes....................................................................................................................................................................................... 3070_020_City Council Presentation 051018....................................................................................................................................................................................... 6100_010_20180510-CC-VARIANCE....................................................................................................................................................................................... 15 20180416_PC_AGENDA 20180319 PC_MINUTES 20180416-PC-VARIENCE-1 SHIPWATCH 20180319_PC_AGENDA 20180212 PC_MINUTES VARIANCE VARIANCE 1 VARIANCE 2 VARIANCE 3 VARIANCE 4 TEXT FIFTH AVE FIFTH AV 1 FIFTH AV 2 FINAL MPIC REPORT 20180416-PC-MAP-TEXT AMENDMENT-5TH AVE Untitled_20180410_093023_001 Untitled_20180410_093105_001 Untitled_20180410_093204_001 Untitled_20180410_093235_001 Untitled_20180410_093348_001 20180510-CC-VARIANCE.pdf 20180416_PC_AGENDA 20180319 PC_MINUTES 20180416-PC-VARIENCE-1 SHIPWATCH 20180319_PC_AGENDA 20180212 PC_MINUTES VARIANCE VARIANCE 1 VARIANCE 2 VARIANCE 3 VARIANCE 4 TEXT FIFTH AVE FIFTH AV 1 FIFTH AV 2 FINAL MPIC REPORT 20180416-PC-MAP-TEXT AMENDMENT-5TH AVE Untitled_20180410_093023_001 Untitled_20180410_093105_001 Untitled_20180410_093204_001 Untitled_20180410_093235_001 Untitled_20180410_093348_001 20180510-CC-VARIANCE.pdf 20180416_PC_AGENDA 20180319 PC_MINUTES 20180416-PC-VARIENCE-1 SHIPWATCH 20180319_PC_AGENDA 20180212 PC_MINUTES VARIANCE VARIANCE 1 VARIANCE 2 VARIANCE 3 VARIANCE 4 TEXT
FIFTH AVE FIFTH AV 1 FIFTH AV 2 FINAL MPIC REPORT 20180416-PC-MAP-TEXT AMENDMENT-5TH AVE Untitled_20180410_093023_001 Untitled_20180410_093105_001 Untitled_20180410_093204_001 Untitled_20180410_093235_001 Untitled_20180410_093348_001 20180510-CC-VARIANCE.pdf 20180416_PC_AGENDA....................................................................................................................................................................................... 16 20180319 PC_MINUTES 20180416-PC-VARIENCE-1 SHIPWATCH 20180319_PC_AGENDA 20180212 PC_MINUTES VARIANCE....................................................................................................................................................................................... 19 VARIANCE 1....................................................................................................................................................................................... 19 VARIANCE 2....................................................................................................................................................................................... 33 VARIANCE 3....................................................................................................................................................................................... 45 VARIANCE 4....................................................................................................................................................................................... 53 TEXT FIFTH AVE FIFTH AV 1 FIFTH AV 2 FINAL MPIC REPORT 20180416-PC-MAP-TEXT AMENDMENT-5TH AVE Untitled_20180410_093023_001 Untitled_20180410_093105_001 Untitled_20180410_093204_001 Untitled_20180410_093235_001 Untitled_20180410_093348_001100_020_20180510-CC-MAP-TEXT....................................................................................................................................................................................... 55 20180416_PC_AGENDA....................................................................................................................................................................................... 56 20180319 PC_MINUTES 20180416-PC-VARIENCE-1 SHIPWATCH 20180319_PC_AGENDA 20180212 PC_MINUTES VARIANCE VARIANCE 1 VARIANCE 2 VARIANCE 3 VARIANCE 4 TEXT FIFTH AVE FIFTH AV 1 FIFTH AV 2 FINAL MPIC REPORT 20180416-PC-MAP-TEXT AMENDMENT-5TH AVE Untitled_20180410_093023_001....................................................................................................................................................................................... 59 Untitled_20180410_093105_001....................................................................................................................................................................................... 66 Untitled_20180410_093204_001....................................................................................................................................................................................... 69 Untitled_20180410_093235_001....................................................................................................................................................................................... 75 Untitled_20180410_093348_001....................................................................................................................................................................................... 57
100_030_20180416PC_AGENDA....................................................................................................................................................................................... 77100_040_20180416PC_MINUTES....................................................................................................................................................................................... 78120_010_04.17.18 - MARKETING AGREEMENT....................................................................................................................................................................................... 80120_020_TYBEE ISLAND_INTERIM SW MANAGER PROPOSAL_3.26.18_Final (2)....................................................................................................................................................................................... 85120_030_CCAR 5-10-18_MOU for GEMS-NMSC for signatures....................................................................................................................................................................................... 87 agenda request for CC 5-10-18....................................................................................................................................................................................... 87 Combined MOU for GEMS filled out for signing ....................................................................................................................................................................................... 88 2018 GEMS MOU Letter....................................................................................................................................................................................... 88 2018 GEMS MOU....................................................................................................................................................................................... 89 2018 Accredited Member Sublicense Form_FINAL....................................................................................................................................................................................... 95130_010_01-2018-JL Sec 2-292 Fine arts 04.12.18....................................................................................................................................................................................... 100130_020_02-2018-JL Sec 2-336 Recreation Commission 04.12.18....................................................................................................................................................................................... 102130_030_03-2018-JL Sec 2-364 Tybrisa Park Commission 04.12.18....................................................................................................................................................................................... 104160_010_20180122HPCminutes....................................................................................................................................................................................... 106160_020_20180220HPCminutes....................................................................................................................................................................................... 107160_030_20180319HPCminutes_with JWcorrections....................................................................................................................................................................................... 109160_040_20180321DAMSBODminutes-final....................................................................................................................................................................................... 111
AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
MAY 10, 2018 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
Call to Order
Invocation
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
City Council Minutes, April 26, 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.
Alice Keys, 100 Miles
Alan Robertson, Municipal Code Review Update
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
Variance, Sec 3-100, Beach, Dune or Vegetation Disturbance/Crossover Maintenance and
Construction; to build a retaining wall; 1 Shipwatch Lane, Debra Chester
Rezone 2 parcels – (1) Lot E Fifth Avenue; Zone R-2/C-2; Lot A; and (2) Fifth Avenue – Zone R-
2/C-2. Carrie Efird – Amendment to Article 13 of the Land Development Code
Minutes, Planning Commission, April 16, 2018
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
XII. Consideration of Bids, Contracts, Agreements and Expenditures
Utility Service Partners
EOM Agreement, Storm Water Manager Services, $1,510 Weekly
Signature request for 2018-19 Georgia Exceptional Main Street Program; Memorandum of
Understanding and the 2018 National Main Street Center’s Sublicensing Agreement
XIII. Consideration of Ordinances, Resolutions
Sec 2-292, 2018-01-JL, Fine Arts
Sec 2-336, 2018-02-JL, Recreation Commission
Sec 2-364, 2018-03-JL, Tybrisa Park Commission
XIV. Council, Officials and City Attorney Considerations and Comments
Bubba Hughes
i. Suspension of time on permit for completing work on sign
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XVI. Minutes of Boards and Committees
HPC Minutes, January 22, 2018, February 20, 2018 and March 19, 2018
DAMSBO Minutes, March 21, 2018
XVII. Executive Session
Discuss litigation, personnel and real estate
XVIII. Possible vote on litigation, personnel and real estate 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, April 26, 2018
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on April 26, 2018. Those present
were Julie Livingston, Monty Parks, John Branigin, Barry Brown, and Jackson Butler. Also
attending were Dr. Shawn Gillen, City Manager; Dana Braun, City Attorney; George Shaw,
Director, Community Development; and Janet LeViner, Clerk of Council. Wanda Doyle and Bubba
Hughes were excused, as they were both attending conferences.
Mayor Buelterman listed the following items on the consent agenda:
City Council Minutes, April 12, 2018
Establish a committee listed as an Ad Hoc Committee to review Memorial Park Plans
Request the City Council approve a budget amendment for River’s End Campground and
RV Park’s fiscal year 2018 budget by transferring $50,000 from the Contingency Line Item,
555.9000.61.1000 to various other expense line items within the department’s budget
Out-of-State Travel, Jan LeViner, International Institute of Municipals Clerk (IIMC)
Conference, Newport News, Virginia, May 20 – 24, 2018. This conference is needed to
obtain Masters Accreditation, IIMC. Budget Line Item: 100-1110-52-3500 – Travel and
100-111053-3700 - Training
Resolution, Nomination of Tybee Road as a “Scenic Byway” as proposed by David
McNaughton
Second Reading, 2018-03, Sec 5-140, Minor Subdivision Plat Approval Procedure
Julie Livingston made a motion to adjourn to Executive Session to discuss personnel and
litigation. Monty Parks seconded. Vote was unanimous to approve, 5-0.
Julie Livingston made a motion to return to regular session. John Branigin seconded. Vote
was unanimous to approve, 5-0.
Opening Ceremonies – Tybee Island Youth Council
Call to Order – Ava Thomas, President, Tybee Island Youth Council
Posting of the Colors
Pledge of Allegiance
Invocation – JaNiya Bowers, President, Senior Tybee Island Youth Council
Tybee Island Youth Council
Quarterly Report – Scarlett Gillen, Liaison to Mayor and Council
Treasurer Report – Sam LeCates
Tybee Island Youth Council – Ava Thomas
Presentation of Cities
Presentation of Enforceable Ordinances
Senior Youth Council – JaNiya Bowers
Presentation of City
Recommendation to divert bicycles off Jones Avenue and onto 2nd Avenue
Mayor Buelterman called the regular meeting to order at 7:45PM. All those present for the
consent agenda were present.
Mayor Buelterman asked Joel Rodriguez, Water/Sewer Department to come forward and be
recognized as the Employee of the Quarter. Mayor Buelterman thanked Mr. Rodriguez for his
dedication to serving the community.
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Robert Ciucevich, Quatrefoil Consulting, approached Mayor and Council to Review
Recommendations noted in the Historic Resources Surveys. Mr. Ciucevich stated it has
been determined that a new Comprehensive Historic Resources Survey would be required for the
HPC to accomplish its goal and adequately access the Island’s existing contributing historic
resources. This will determine potential local historic districts, national registry boundaries, and
develop design guidelines. He continued, as the last Comprehensive Historic Resources Survey
was completed in 2003, many buildings have obtained the age threshold required for historic
significance. These buildings need to be added to the historic inventory. Mr. Ciucevich described
the different phases of the survey, the results, and recommendations. He stated in the coming
months he will be working with the HPC to explore the possibilities of establishing additional
National Register Historic Districts on Tybee Island as recommended in the Historic Resources
Survey Report.
Mimi Pinner approached Mayor and Council to express her concerns with the Traffic Hazards
on Meddin and Taylor Streets. Ms. Pinner is a resident at Seascape Condos and has
witnessed many dangerous situations with traffic patterns on Meddin and Taylor Streets. The
HOA is recommending: (1) speed bumps installed around the curve; (2) speed reduced to 10
MPH; (3) yellow lines painted seasonally; and (4) middle of the road reflectors installed around
curve. She stated she is willing to attend the Public Safety Committee to express her concerns to
them as well as to work toward a plan for safety. Mayor pro tem Brown concurred and
recommended Ms. Pinner attend a future Public Safety Committee Meeting.
Barry Brown made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 5-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Healthcare for Elected Officials. Mayor Buelterman confirmed with Dr. Gillen there will be
no additional cost to the City if council members wanted to sign up for health care benefits. Dr.
Gillen confirmed. Monty Parks made a motion to approve. Julie Livingston seconded. Vote
was unanimous to approve, 5-0.
Council, Officials and City Attorney Considerations and Comments
Jason Buelterman discussed the Enforcement of new Distracted Driving Law, HB 673.
Mayor Buelterman asked the Clerk to reach out to the Chief, County Police Department to have
him attend a future council meeting to discuss how they are going to enforce on Tybee Road.
George Shaw asked for Direction for adding applicants to the Hazard Mitigation Grant
from Mayor and Council. Mr. Shaw explained the State has additional monies and have asked
the City to go forward with the 60 residents that have submitted applications. The Initial Notice
of Interest was submitted by 108 properties, which was limited down to 60 due to certain criteria.
The City could re-invite those residents or set a number threshold. Mr. Shaw recommended
additional criteria be set to include submission of flooding; proof of additional flooding; and proof
of residency. Mayor Buelterman confirmed. Mr. Shaw asked for further clarification as there
were 108 that turned in the Initial Notice of Interest, is that the City’s limit for submission? Dr.
Gillen stated in the future the City might have to set criteria depending on the State. Mayor pro
tem Brown recommended Mr. Shaw put his list together and forward to Dr. Gillen and in turn
forward to Mayor and Council for their recommendations. Mayor Buelterman stated he is in favor
or opening up the process for those who did not initially apply. Mr. Shaw and Dr. Gillen concurred.
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Dr. Gillen gave an update on the Action Item List and Goals of Mayor and Council. Dr. Gillen
explained the second meeting of each month he will give an update on the Action Item List as
well as the Goals of Mayor and Council, which will eventually be tied to the budget process and
to the Master Plan.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5-
0.
Meeting adjourned at 8:50PM.
______________________________
Janet R. LeViner, CMC
Clerk
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Code Review -
Implementation Begins
City Council
May 10, 2017
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Overview
Review project completed December 14, 2017
-19 meetings over 20 months involving all appropriate City staff
Shawn Gillen
Jan LeViner
George Shaw
John Major
Alan Robertson
Bob Bryson
Ashley Fields
Jimmy Brown
Janice Elliott
Angela Hudson
Bill Garbett
Wanda Doyle
Bubba Hughes
Monty Parks
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Recommendations
Direct outside legal counsel to review the respective recommendations
Remove all fees and fines from the Code and establish a Schedule of Fees
Remove all policies from Code and refer to Policy Statements
Review the process for changing and adopting ordinances
Consider keeping a Code Review Group intact 20180510CityCouncilPacketPage 8 of 11320180504/jrl
Findings
Type 1 issues -
Issues of language usage, grammatical errors, and typographical errors. The Clerk of the Council can
submit these changes directly to MuniCode for correction.
Type 2a issues -
Issues that must be changed to be consistent with changes in State Law and changes in the City’s
operating procedures.
Type 2b issues -
Issues requiring a proposal be brought before Council for deliberation, debate, and decision. 20180510CityCouncilPacketPage 9 of 11320180504/jrl
Chapter 2 -Administration
CODE CHAPTER 2 Administration
Status Section Current Issue Recommend Type
Sec. 2-106(d)Typo "City official(s)" -remove the "s"Correct 1
Sec. 2-106(e)Typo "commissionshall"Correct 1
Sec. 2-214(a)Outdated gender references "he"Remove gender reference 1
Division 1 New org structure using Divisions Not sure why new structure required Conform structure to rest of
Code 1
Sec 2-400 Applicability question use of "foregoing"correct wording 1
R Sec. 2-106(b)3
Code of ethics for city officials
seems to exclude campaign or
conduct of candidates
2-a
R Sec. 2-214(d)Refers to all construction projects Seems to include projects done by the City
as well
"projects managed by
contractor"2-a
R Sec 2-218 City credit card usage Should be replaced by new ordinance Confirm 2-a
R Sec.2-264 Audit Committee has been eliminated Confirm 2-a
Division 2 Fine Arts Commission does not exist Remove 2-a
Division 3 Recreation Commission does not exist Remove 2-a
Division 4 Tybrisa Park Commission does not exist Remove 2-a 20180510CityCouncilPacketPage 10 of 11320180504/jrl
Chapter 2 –Administration (con’t.)
CODE CHAPTER 2 Administration
Status Section Current Issue Recommend Type
Article VI Boards, Commissions, and Authorities All require an ordinance
Allow formation of committees by
resolution, not ordinance; add
Finance, Infrastructure, Public
Safety Committees
2-b
Sec. 2-106(h)Penalties Can be enacted by any authority(Task Force,
Committee, etc)Only Council can levy fines 2-b
Sec. 2-164 Designates departments Departments definitions and names are not
current
Eliminate this Section and replace
with wording allowing City
Manager to define departments 2-b
Sec 2-401 Definitions "chapter" not defined; no "Committee on
Standards and Specifications"Correct 2-b
Sec 2-404 Committee on Standards and
Specifications Does this exist?Confirm or remove 2-b
Sec 2-406 Applicability of standards Are these used in practice"Confirm or remove 2-b
Sec. 2-407 Substitution for brand names Are these used in practice"Confirm or remove 2-b
Sec. 2-408 Uniform purchasing manual Are these used in practice"Confirm or remove 2-b
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Code Review -Process
Reviewed the
Code
Presented
Findings
Beginning
with Admin
Type 1 –
awaiting
Counsel
Developed
schedule for
Type 2
Reviewed
Type 2 again
Jan drafted
ordinance for
Counsel
review
Bubba
reviewed and
approved
final
Requires new
ordinance –
1st and 2nd
readings
Expect to bring changes
every month 20180510CityCouncilPacketPage 12 of 11320180504/jrl
Code Review -Process
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Code Review -Process
The End...
but really just the beginning!20180510CityCouncilPacketPage 14 of 11320180504/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
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 05/10/2018
Item: VARIANCE
Explanation: SEC. 3-100. –BEACH, DUNE OR VEGITATION DISTURBANCE/CROSSOVER
MAINTENANCE AND CONSTRUCTION. –TO BUILD A RETAINING WALL-1 SHIPWATCH LANE-4-
0021-17-013-DEBRA CHESTER.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 05/10/2018
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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PLANNING COMMISSION 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
April 16, 2018 – 7:00 p.m.
For City Council Meeting May 10, 2018 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of March 19, 2018
C. Disclosures/Recusals:
D. Old Business:
1. Variance: Sec. 3-100. – Beach, dune, or vegetation disturbance/crossover maintenance and
construction. –To build a retaining wall –1 Shipwatch Lane –4-0021-17-013–Debra Chester
E. New Business:
1. Map Amendment: Rezone 2 parcels - Lot E Fifth Avenue – 4-0003-07-009 –
Zone R-2/C-2 - Lot A Fifth Avenue – 4-0003-07-005 – Zone R-2/C-2 - Carrie Efird
2. Text Amendment: Amendment to Article 13 of the Land Development Code.
F. Standing Agenda Item:
MPIC Update
Adjournment:
Lisa L. Schaaf
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1
STAFF REPORT
PLANNING COMMISSION MEETING: April 16, 2018
CITY COUNCIL MEETING: May 10, 2018
LOCATION: 1 Shipwatch Lane PIN: 4-0021-17-013
APPLICANT: Debra Chester OWNER: Debra Chester
EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling
ZONING: R-1B USE PERMITTED BY RIGHT: yes
COMMUNITY CHARACTER MAP: North Beach/Maritime District
APPLICATION: Zoning Variance (5-090) from Section 3-100 (Beach, dune, or vegetation disturbance/crossover
maintenance and construction).
PROPOSAL: The applicant is requesting approval of a dune setback variance for construction of a retaining wall
within the 10-foot dune setback
ANALYSIS: The applicant had significant flooding and scouring from the recent hurricanes and wishes to build a
retaining wall to reduce the odds of this happening again.
The Comprehensive Plan describes the North Beach/Maritime District as follows:
The North Beach/Maritime District is a multifaceted area with R-1, R-2, R-1B, R-1/NEC, R-T, E-C, PUD,
and M-D zoning. Uses include commercial, recreational, campground, public/government uses and
buildings, and a mix of residential styles and homes set on narrow streets. In addition to these developed
portions, the area also includes extensive undeveloped environmentally sensitive areas with multi-use
trails and public water access.
Comprehensive Plan – Community Character Area
The North Beach/Maritime District
Recommended Development Strategies
Meets
Strategy
Y/N or N/A
1. Establish standards and guidelines for signage in keeping with island character N/A
2. Allow for the development of retail, restaurants and services for seasonal and year round
populations
N/A
3. Preserve and restore historic structures whenever possible N/A
4. Provide appropriate incentives for historic restoration projects N/A
5. Ensure continued preservation of old growth trees, parks, and greenspace N/A
6. Support development of the Tybee Island bikeway, including bike lanes and multi-use trails N/A
7. Facilitate public water access where appropriate and on public property N/A
8. Discourage down-zoning from commercial to residential in the Lazaretto Creek area and
maintain commercial dock usage
N/A
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2
STAFF FINDING
The retaining wall with associated footer is an effort to stave off future damage including erosion and flooding.
Flooding mitigation is a goal of our emergency management plan and will reduce future insurance claims and
losses. Staff recommends approval for a retaining wall along the back of the home. Staff does not recommend
approval for any construction northward of the rear of the home into the dune buffer and dune system.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Variance application
B. SAGIS map (1 page)
C. photos of existing conditions
D. Survey showing existing foundation,
E. Construction drawing
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March 19, 2018
Debra Chester
1 Shipwatch Lane
Tybee Island, GA 31328
RE: Foundation Repair / Erosion Control
Mrs. Chester,
The repairs described in the drawings dated November 6, 2017 are a long term solution
to the erosion around the foundation of the house and elevated walkway. The repair
will develop a buffer zone between the house and the berm so that adequate drainage
can be achieved and the erosion will not further compromise the foundations.
At the time of my inspection the foundations were partially exposed at multiple
locations from previous storms. This foreshadows potential future structural damage to
the property if repairs are not made.
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Thank you for allowing R.K.J. Engineering, LLC to be of service. Please call with any
questions or comments.
Sincerely,
Richard K. Joyce, P.E.
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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
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 05/10/2018
Item: MAP & TEXT AMENDMENT
Explanation: REZONE 2 PARCELS-LOT E FIFTH AVENUE-4-0003-07-009-ZONE R-2/C-2 –LOT A
FITTHE AVENUE -4-0003-07-005-ZONE R-2/C-2 –CARRIE EFIRD – AMENDMENT TO ARTICLE 13 OF
THE LAND DEVELOPMENT CODE.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 05/10/2018
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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PLANNING COMMISSION 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
April 16, 2018 – 7:00 p.m.
For City Council Meeting May 10, 2018 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of March 19, 2018
C. Disclosures/Recusals:
D. Old Business:
1. Variance: Sec. 3-100. – Beach, dune, or vegetation disturbance/crossover maintenance and
construction. –To build a retaining wall –1 Shipwatch Lane –4-0021-17-013–Debra Chester
E. New Business:
1. Map Amendment: Rezone 2 parcels - Lot E Fifth Avenue – 4-0003-07-009 –
Zone R-2/C-2 - Lot A Fifth Avenue – 4-0003-07-005 – Zone R-2/C-2 - Carrie Efird
2. Text Amendment: Amendment to Article 13 of the Land Development Code.
F. Standing Agenda Item:
MPIC Update
Adjournment:
Lisa L. Schaaf
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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
April 16, 2018 – 7:00 p.m.
For City Council Meeting May 10, 2018 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of March 19, 2018
C. Disclosures/Recusals:
D. Old Business:
1. Variance: Sec. 3-100. – Beach, dune, or vegetation disturbance/crossover maintenance and
construction. –To build a retaining wall –1 Shipwatch Lane –4-0021-17-013–Debra Chester
E. New Business:
1. Map Amendment: Rezone 2 parcels - Lot E Fifth Avenue – 4-0003-07-009 –
Zone R-2/C-2 - Lot A Fifth Avenue – 4-0003-07-005 – Zone R-2/C-2 - Carrie Efird
2. Text Amendment: Amendment to Article 13 of the Land Development Code.
F. Standing Agenda Item:
MPIC Update
Adjournment:
Lisa L. Schaaf
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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
MINUTES
April 16, 2018
Commissioner Bishop called the April 16, 2018 Tybee Island Planning Commission meeting to order.
Commissioners present were Charles Matlock, David McNaughton, Ron Bossick, Marianne Bramble,
Alan Robertson and Tina Gann.
Consideration of Minutes: Chair Bishop asked for consideration of the March 19, 2018 meeting minutes.
Vice Chair Bossick made a motion to approve Commissioner Matlock seconded, the vote to approve was
four to approve, Commissioner Gann did not vote since she did not attend the March 19 meeting.
Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none.
Old Business:
Variance: Sec. 3-100. – Beach, dune, or vegetation disturbance/crossover maintenance and
construction. –To build a retaining wall –1 Shipwatch Lane –4-0021-17-013–Debra Chester
Mr. Shaw approached the Planning Commission and stated that he talked with the Engineer a couple times
about getting more of an explanation on the plans, and only received the same plans larger. Mr. Shaw stated
that he does have a little better understanding of the plans. It looks like there are additional slabs heading into
the dune system behind the house and he could only support a retaining wall on the back of the house, but
cannot support what appears to show eight to twelve feet coming into the dune system. Mr. Shaw also stated
he thinks there are other ways to reduce the erosion. Ms. Chester approached the Planning Commission and
stated she lives at 1 Shipwatch Lane. Ms. Chester stated that the hurricanes demolished her home and when
the insurance agent came to look at it he stated that she should really do something about the shifting of the
sand and the future storm surge, he suggested redoing the piers. Right now the dune is gone. The Engineer’s
proposal was to push the dune back up to the two foot height that it was previously and place a berm into the
sand by the dune and the exposed two foot part would show under her house. She also stated that she is going
to have gutters put on her house. Mr. Shaw stated that in his time with the City he has not approved any
encroachments into a dune so he is reluctant to support it. Ms. Chester stated that maybe Mr. Shaw should
look at the dunes again, and she also stated that her neighbors have put in walls for their erosion.
Commissioner Matlock asked how much encroachment. Mr. Shaw stated about ten feet. Commissioner
Matlock stated he does not see what Ms. Chester is asking to do on these plans. Mr. Shaw stated from what
he sees it seems like more than what is necessary. Ms. Chester asked what she should do to get the dune
back. Mr. Shaw stated our ordinance does not allow you to push the dune back up which is why she is asking
for this variance and DNR would need to approve that if she goes beyond the flags. Ms. Chester asked what
advice the Planning Commission could give her on what to do. Mr. Shaw stated he is not sure but one of the
City’s goals is to protect the dunes. Vice Chair Bossick stated a retaining wall only under your home and
gutters would help tremendously and DNR could help with dune fencing. Chair Bishop stated that the
Planning Commission cannot approve this variance without a plan that is clearer. Commissioner Robertson
stated Ms. Chester needs to get a clearer drawing of a retaining wall then we could approve. Commissioner
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Bramble stated this should have been looked at by the developer of the property from the beginning.
Commissioner Gann asked if there is something they could do to help this process along because hurricane
season is approaching and the house is still exposed. Mr. Shaw stated to that it would be helpful for her
Engineer to attend the City Council meeting to explain the drawings. Ms. Chester stated that she cannot
afford to have the Engineer come to the meeting and she thinks all of it is overkill. Commissioner Robertson
made a motion to deny Commissioner Bramble seconded the vote was four to approve Vice Chair Bossick,
Commissioner Bramble and Commissioner Matlock and two opposed Commissioner Gann and
Commissioner McNaughton, the vote to Deny carried.
New Business:
Map and text Amendment: Rezone 2 parcels –Lot E Fifth Avenue -4-0003-07-009 –Zone R-2/C-2 –Lot
A Fifth Avenue -4-0003-07-005 –Zone R-2/C-2 –Carrie Efird –Amendment to Article 13 of the Land
Development Code.
Mr. Shaw approached the Planning Commission and stated that the City created the C-2 corridor by
measuring a line from the right of way of Highway 80 irrespected of property lines which is not really
standard zoning procedure so that is why these two lots have split zoning which is partly C-2 and partly R-2.
He stated that these parcels are empty currently with marsh behind the lots and a commercial building on the
other side. They wish to have them solely zoned C-2 and because they are isolated from residential structures
staff supports the request. Commissioner McNaughton asked how far back the C-2 zone goes on the parcels.
Mr. Shaw stated he brought the map for the Planning Commission to see; it is about two third C-2 and one
third R-2. Commissioner McNaughton stated what appears to be the controlling code is 4-040 which reads,
“In most instances zoning district lines on the zoning map are drawn to follow streets land lot lines property
lines and other natural divisions in the event a zone line should divide a lot or parcel of land the entire lot or
parcel shall be considered to be that of the least intense land use classification.” Mr. Shaw stated that Mr.
Hughes, the City Attorney, has stated that residential would be the least intensive use and the property as it
sits now with the split would have to be used as residential, but it can be rezoned as a single zone which is
what the applicant is asking. Ms. Galloway approached the Planning Commission and stated she lives at 153
Lewis Avenue and she would like to see the parcel stay residential. Ms. Efird the Applicant approached the
Planning Commission and stated that the R-2 part of the lots are mostly marsh and that area is not developable
the C-2 part which is roughly one third is the C-2 area. She also stated that they purchased these lots as C-2
and the appraisal, the title search and what was noted through SAGIS were all C-2, it wasn’t until a month ago
that the split zoning came up. Ms. Galloway approached the Planning Commission again and stated she feels
like if the R-2 is so unbuildable why not just keep it like it is, there is a lot of residential around that area to.
Commissioner Matlock made a motion to approve Commissioner Robertson seconded and the vote to
approve was unanimous. Commissioner Robertson made a motion to approve the text amendment and
Commissioner Gann seconded the vote to approve was unanimous.
Standing Agenda Item:
Commissioner Robertson stated that in the master plan there are very clear neighborhood area
characteristics, one of them is the commercial gateway in the area that is being discussed tonight and there are
others about eight or nine. He would suggest to look at the neighborhood so it would not be island wide but
within the context of a neighborhood and identify the problem properties and understand what the issues are
and present them to council. He stated the ordinances also need to be looked at and addressed if needed. In
addition, he stated they would need to seek City Councils direction on whether they want them to look at
these.
Meeting adjourned 8:30pm
Lisa L. Schaaf
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MARKETING AGREEMENT
This MARKETING AGREEMENT (“Agreement”) is entered into as of ____________,
20__, (“Effective Date”, by and between the City of Tybee Island, Georgia (“City”), and Utility
Service Partners Private Label, Inc. d/b/a Service Line Warranties of America (“Company”),
herein collectively referred to singularly as “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, sewer and water line laterals between the mainlines and the connection on
residential private property are owned by individual residential property owners residing in the
City (“Residential Property Owner”); and
WHEREAS, City desires to offer Residential Property Owners the opportunity, but not the
obligation, to purchase a service line warranty and other similar products set forth in Exhibit A or
as otherwise agreed in writing from time-to-time by the Parties (each, a “Product” and
collectively, the “Products”); and
WHEREAS, Company, a subsidiary of HomeService USA Corp., is the administrator of
the National League of Cities Service Line Warranty Program and has agreed to make the Products
available to Residential Property Owners subject to the terms and conditions contained herein; and
NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the
intent to be legally bound hereby, the Parties agree as follows:
1. Purpose. City hereby grants to Company the right to offer and market the Products to
Residential Property Owners subject to the terms and conditions herein.
2. Grant of License. City hereby grants to Company a non-exclusive license (“License”) to
use City’s name and logo on letterhead, bills and marketing materials to be sent to Residential
Property Owners from time to time, and to be used in advertising (including on the Company’s
website), all at Company’s sole cost and expense and subject to City’s prior review and approval,
which will not be unreasonably conditioned, delayed, or with held. City agrees that it will not
extend a similar license to any competitor of Company during the Term and any Renewal Term of
this Agreement.
3. Term. The term of this Agreement (“Term”) shall be for one (1) year from the date of the
execution hereof and this Agreement will renew on an annual basis unless one of the parties gives
the other advance written notice of at least ninety (90) days that it does not intend to renew this
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Agreement. City may terminate this Agreement thirty (30) days after giving notice to Company
that Company is in material breach of this Agreement if such breach is not cured during such 30-
day period . Company will be permitted to complete any marketing initiative initiated or planned
prior to the effective date of any termination of this Agreement and shall pay the license fee to the
City for the calendar year in which the marketing agreement is terminated after which time, except
for Company’s obligation to permit City to conduct an audit, neither Party will have any further
obligations to the other and the license described in this Agreement will terminate. In the event a
suit challenging the legality of this Agreement is filed, City may terminate this Agreement on thirty
(30) days’ written notice unless Company agrees to assume the defense and indemnify the City
against such suit.
4. Indemnification. Company hereby agrees to protect, indemnify, and hold the City, its
elected officials, officers, employees and agents (collectively or individually, “Indemnitee”)
harmless from and against any and all third party claims, damages, losses, expenses, suits, actions,
decrees, judgments, awards, reasonable attorneys’ fees and court costs (individually or collectively,
“Claim”), which an Indemnitee may suffer or which may be sought against or are recovered or
obtainable from an Indemnitee, as a result of or arising out of any breach of this Agreement by the
Company, or any negligent or fraudulent act of omission of the Company or its officers,
employees, contractors, subcontractors, or agents in the performance of services under the
Products; provided that the applicable Indemnitee notifies Company of any such Claim within a
time that does not prejudice the ability of Company to defend against such Claim. Any Indemnitee
hereunder may participate in its, his, or her own defense, but will be responsible for all costs
incurred, including reasonable attorneys’ fees, in connection with such participation in such
defense.
5. Notice. Any notice required to be given hereunder shall be deemed to have been given
when notice is (i) received by the Party to whom it is directed by personal service, (ii) sent by
electronic mail (provided confirmation of receipt is provided by the receiving Party, or (iii)
deposited as registered or certified mail, return receipt requested, with the United States Postal
Service, addressed as follows:
To: City:
ATTN: Shawn Gillen
City of Tybee Island
PO Box 2749
Tybee Island, GA 31328-2740
Phone: (912) 472-5070
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X:\Clients\000572\001086\04.17.18 - MARKETING
AGREEMENT.docx
To: Company:
ATTN: Chief Sales Officer
Utility Service Partners Private Label, Inc.
11 Grandview Circle, Suite 100
Canonsburg, PA 15317
Phone: (866) 974-4801
6. Modification or Amendments/Entire Agreement. Any and all of the representations and
obligations of the Parties are contained herein, and no modification, waiver or amendment of this
Agreement or of any of its conditions or provisions shall be binding upon a party unless in writing
signed by that Party.
7. Assignment. This Agreement and the License granted herein may not be assigned by
Company other than to an affiliate or an acquirer of all or substantially all of its assets, without the
prior written t of the City, such consent not to be unreasonably withheld.
8. Counterparts/Electronic Delivery; No Third Party Beneficiary. This Agreement may
be executed in counterparts, all such counterparts will constitute the same contract and the
signature of any Party to any counterpart will be deemed a signature to, and may be appended to
any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon
receipt will be deemed originals and binding upon the Parties hereto, regardless of whether
originals are delivered thereafter. Nothing expressed or implied in this Agreement is intended, or
should be construed, to confer upon or give any person or entity not a party to this agreement any
third party beneficiary rights, interests, or remedies under or by reason of any term, provision,
condition, undertaking, warrant, representation, or agreement contained in this Agreement.
9. Choice of Law/Attorney Fees. The governing law shall be the laws of the State of
Georgia. In the event any litigation should arise as a result of any disputes under this agreement or
any renewal hereof, the jurisdiction for any such dispute shall be in the courts located within
Chatham County, Georgia, and/or the United States District Court for the Southern District of
Georgia, Savannah Division. In the event at any time during the term hereof or any renewal
thereof either party institutes any action or proceeding against the other relating to the provisions of
this agreement or any default hereunder, then the unsuccessful party shall be responsible for the
reasonable expenses of such action including reasonable attorney’s fees incurred by the successful
party.
10. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached
hereto are incorporated by this reference and expressly made part of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first written above.
CITY OF TYBEE ISLAND
By: __________________________________
Jason Buelterman, Mayor
Attest: ________________________________
Jan LeViner, Clerk
UTILITY SERVICE PARTNERS PRIVATE
LABEL, INC.
By: ___________________________________
Michael Baker
Chief Sales Officer
Attest: _________________________________
APPROVED AS TO FORM:
_________________________________
Edward M. Hughes
City Attorney for the City of Tybee Island
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Exhibit A
NLC Service Line Warranty Program
City of Tybee Island
Term Sheet
April 6, 2018
I. Initial Term. One year renewable.
II. License Conditions.
a. City logo on letterhead, advertising, billing, and marketing materials.
b. Signature by City official.
III. Products.
a. External water service line warranty (initially, $5.99 per month)
b. External sewer/septic line warranty (initially, $7.99 per month.
c. Interior plumbing and drainage warranty (initially, $9.49 per month)
Company may adjust the foregoing Product fees; provided, that any such adjustment shall not
exceed $.50 per month in any 12-month period, unless otherwise agreed by the Parties in writing.
IV. Scope of Coverage.
a. External water service line warranty:
- Homeowner responsibility: From the meter and/or curb box to the external wall
of the home.
- Covers well service lines if applicable.
b. External sewer/septic line warranty:
- Homeowner responsibility: From the exit point of the home to the main.
- Covers septic lines if applicable
c. Interior plumbing and drainage warranty:
- Water supply pipes and drainage pipes within the interior of the home.
V. Marketing Campaigns. Company shall have the right to conduct up to three campaigns per
year, comprised of up to six mailings and such other channels as may be mutually agreed. Initially,
Company anticipates offering the Interior plumbing and drainage warrant Product via in-bound
channels only.
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EOM Operations
480 Edsel Drive Suite 100 Richmond Hill, Georgia 31324 Tel: 912.445.0050 Fax: 912.756.5882 www.eomworx.com
EOM Operations (EOM) is pleased to submit this proposal for the above-mentioned services. EOM shall provide interim
Storm Water Manager Services to fulfill the current scope of the recently vacated position. EOM shall provide such services
immediately upon the acceptance of this proposal. The services provided shall include;
MAJOR DUTIES INCLUDE:
1) Inspecting all work of personnel engaged in public works projects as it relates to safety and storm water
drainage.
2) Inspection of drainage ditches on a regular basis.
3) Respond to citizen complaints regarding drainage systems.
4) Perform routine inspection of job scope related equipment and job sites for safety requirements.
5) Actively work with any other DPW personnel on work methods, procedures, standards, and safety
practices as it relates to the storm water system.
6) Reviews drainage plans.
7) Operates heavy equipment provided by City of Tybee Island.
8) Compile data and provide support for annual storm water report.
9) Monitors streets to detect necessary repairs or maintenance of drainage structures.
10) Inspects business and contractors for compliance and illegal discharges.
ADDITIONAL DUTIES:
1) Provide a weekly and monthly routine check schedule necessary for the scope of work.
2) Respond to point source pollution issues.
3) Coordinate water quality testing at outfalls.
4) Maintain proper documentation of any new drainage projects.
5) Assist with updating the City’s GIS database.
6) Work as a team and maintain regular communication with current City DPW staff.
TEAM QUALIFICATIONS PROVIDED FOR SCOPE:
1) Heavy Equipment Operator.
2) Civil Engineer for drainage plan oversight.
3) MS4 Phase I & II Compliance Managers.
4) Georgia Soil & Water Conservation Commission Level 1A and Level 1B certified card holders.
GENERAL
This proposal is valid for a period of 45 days from date submitted. Should the need for additional staff be
determined to accommodate work outside of the Storm Water Manager listed duties, EOM and the City of Tybee
Island will negotiate the price for additional support requested.
ESTIMATE
WEEKLY RATE $ 1,510.00
INTERIM SERVICES PROPOSAL
Date: March 26, 2018
Project: City of Tybee Island
Storm Water Manager Services
Attn: Mr. Shawn Gillen, City Manager Prepared By: Bree Thomas, Business Development Director Re: Interim Storm Water Manager Services
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EOM Operations
480 Edsel Drive Suite 100 Richmond Hill, Georgia 31324 Tel: 912.445.0050 Fax: 912.756.5882 www.eomworx.com
Thank you for this opportunity to work with the beautiful City of Tybee Island. Please call me if you have any
questions. If you are in agreement, please sign below and return.
KRISTEN ACHTZIGER
Chief Operating Officer
EOM Operations
Submitted by: Accepted by:
_________________________________________________ _______________________________________________
Kristen Achtziger, EOM Operations Shawn Gillen, City of Tybee Island
_________________________________________________ ______________________________________________
Date Date
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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
(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: 5/10/18
Item: Signature request for 2018-19 Georgia Exceptional Main Street Program
Memorandum of Understanding and the 2018 National Main Street Center’s
Sublicensing Agreement.
Explanation: The National Main Street Center requires all accredited Main Street cities have a
current signed MOU and sublicensing agreement on file with the Georgia
Department of Community Affairs annually to retain the services of their office
along with the use of the Main Street name.
Budget Line Item Number (if applicable):
Supporting Documentation: X Attached* _____ Audio/Video Presentation**
* Electronic submissions are requested but 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.
Submitted by: Chantel Morton, Development Authority/Main Street Executive Director
Phone/Email: 912-472-5071/cmorton@cityoftybee.org
Date given to Clerk of Council 4/25/18
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April 2, 2018
To Whom It May Concern:
Enclosed you will find a copy of the 2018-19 Georgia Exceptional Main Street
Program Memorandum of Understanding and the 2018 National Main Street
Center’s sublicensing agreement. As per the National Main Street Center
requirements all accredited Main Street cities must have a current signed
MOU and sublicensing agreement on file with the Georgia Department of
Community Affairs to retain the services of our office along with the use of
the Main Street name.
The enclosed document must be signed by the Mayor, Board Chair and local
Manager and uploaded a copy to your Main Street program’s shared DCA
Dropbox folder by July 1, 2018. Failure to comply may result in probationary
status or loss of accreditation for the local Main Street program in 2018.
As per this MOU agreement the local municipality is required to notify the
Office of Downtown Development within one week of any Downtown Director
Vacancy. If at any point during the year there is a change in the local
program manager, the local program is required to submit a new MOU
including the new manager’s signature to DCA
Regards,
Jessica Reynolds, EDFP
Director, Office of Downtown Development &
Georgia Main Street Programs
Georgia Department of Community Affairs
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2018 - 2019
Georgia Exceptional Main
Streets Memorandum of
Understanding
MOU
4/1/2018
This document should be signed by all local parties (Mayor, Board Chair, Main Street Program Manager)
and a copy of the original document should be uploaded to your community’s shared DCA Dropbox folder by
July 1, 2018.
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GEORGIA EXCEPTIONAL MAIN STREETS PROGRAM
MEMORANDUM OF UNDERSTANDING
2018 - 2019 Program Year
This agreement is entered into and executed by the Georgia Department of Community Affairs Office of Downtown Development (hereinafter referred to as “DCA”), the City/Town of __________________________________, Georgia (hereinafter referred to as “Community”), the Local Main Street Program Board of Directors, and the Downtown Manager for the Community. DCA will enter into this agreement with the above parties to provide services in return for active and meaningful participation in the Georgia Exceptional Main Streets Program (hereinafter referred to as GEMS) by the Community as specified below. This agreement outlines the necessary requirements set forth by DCA for the Community’s participation in the GEMS Program for 2018. DCA is the sponsoring state agency for the GEMS program and is licensed by the National Main Street Center (hereinafter referred to as “National Program”) to designate, assess, and recommend for accreditation Main Street programs within the State of Georgia. In recognition of the agreement by DCA, the Community, the Board of Directors, and the Downtown Manager to maintain an active Local Main Street Program, the parties have agreed to the following: ARTICLE 1: THE COMMUNITY AGREES TO— 1. Appoint or contract with an entity to serve as the Board of Directors for the local Main Street Program. The city council may not serve as the Main Street Board. 2. Set and review boundaries for the target area of the local Main Street Program. A. A copy of these boundaries should remain on file with DCA at all times. B. The Community should work with the Board of Directors to review boundaries at least once every three years. 3. Employ a paid professional downtown manager responsible for the daily administration of the local Main Street Program. A. The downtown manager must have a job description that identifies at least 75% of their that are directly related to Main Street activities. A copy of the job description should remain on file with DCA at all times. B. The downtown manager should be paid a salary consistent with other community and economic development professionals within the region. The program manager’s salary must be paid in excess of minimum wage. C. The Community must notify DCA within one week of any downtown manager vacancy and the Community must appoint an interim downtown manager until the position is filled. DCA must have accurate contact information for the downtown manager at all times. D. Provide an annual evaluation of the downtown manager. If the manager is employed by an entity other than the local government, require that entity to provide an annual evaluation and performance review. 4. Provide for local Main Street Program solvency through a variety of direct and in-kind financial support. A. If the downtown manager is an employee of the local Main Street Program and not the Community, the Community assures that the program has the financial means to pay for said manager for the period of this agreement. B. The local Main Street program must maintain an identifiable and publicly accessible office space. C. The local Main Street program must have sufficient funding to provide travel and training for the downtown manager and the Board of Directors. 5. Assist the downtown manager in compiling data required as part of the monthly reporting process. A. Provide for a positive relationship between the downtown manager and key city staff to access the following information in a timely manner: i. Business license data ii. Building permit data iii. Property tax data iv. Geographic Information Systems data (mapping support when available)
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B. Review reported data submitted by the downtown manager to assure accuracy. 6. Use the “Main Street America™” name in accordance with the National Main Street Policy on the Use of the Name Main Street. 7. Notify DCA in writing prior to any wholesale changes in the local program, including staff changes, major funding changes, change in organizational placement of the program or major turnover in the board of directors. Such notice should be within one business week of said changes. Changes may result in program probation, the loss of accreditation or removal of program designation. ARTICLE 2: THE BOARD OF DIRECTORS AGREES TO— 1. Assist the downtown manager in creating an annual work plan that incorporates incremental and meaningful goals related to the Main Street Approach™ to downtown revitalization: Community Transformation Strategies, Organization, Design, Promotion and Economic Vitality. A. The work plan should include specific tasks, assignments or a point of contact for the task, related budget needs, and a timeline. B. The work plan should serve as a strategic plan for the local program for a period of three years or less. C. A copy of the work plan should be on file and updated with DCA monthly as part of the monthly reporting process. 2. Provide opportunities for regular public engagement and support of the Local Main Street Program. A. DCA recommends a public downtown visioning event/town hall meeting at least once every three years. B. The Board should identify opportunities for volunteer support and assistance in executing the work plan. C. The Board should actively engage the community for financial and in-kind support of the local program. 3. Conduct, at least, one board training, orientation or planning retreat per year for the local program. 4. Meet a minimum of 10 times per year and minutes of each meeting are maintained and distributed. Such meetings should be open to the public and public notice should be given related to meeting times and agendas. 5. Attend training when possible to become better informed about the Main Street approach and trends for downtown revitalization and to support the downtown manager. 6. Newly Appointed Board Members are required to become Main Street 101 certified by the Office of Downtown Development, within their first year of their first term. A copy of this certification should be kept on file in your program’s shared DCA Dropbo 7. Assure the financial solvency and effectiveness of the Local Main Street Program. A. Adopt an annual budget that is adequate to support the annual work plan, maintain an office and support staff, and provide for training and travel. B. Maintain current membership of the Local Main Street Program to the National Main Street Center to be eligible for accreditation. C. Provide for policies to expend funds, enter into debt, and provide programming support for the local Main Street Program. ARTICLE 3: THE DOWNTOWN MANANGER AGREES TO— 1. Complete all reporting required by DCA to maintain National Accreditation of the local Main Street Program. A. Complete monthly economic and programming activity reports, including portions of said reports that are required as part of the local program assessment process by DCA. These reports must be completed by the 30th of the following month. (Example: March report due by April 30th). Failure to complete monthly reports in a timely manner may result in program probation, the loss of accreditation or removal of program designation. B. Participate in annual manager’s surveys provided by DCA. C. Provide documentation of all meetings, work plans, budgets, job descriptions, and mission/vision statements for the organization. D. Provide documentation to support the work of the organization as it relates to the Main Street Approach™, including information related to historic preservation as required by the National Main Street Center. E. Provide, from time to time, documentation related to local ordinances, plans, codes, and policies that are specific to the Community’s downtown area. 2. Participate in training to broaden the impact of the local Main Street Program. A. It is recommended that at least one representative from the local program attend a Regional Managers meeting in 2018. B. The downtown manager and/or board members are expected to attend at least one preservation-related training annually.
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C. DCA requires managers to attend at least 30 hours of training annually (including webinars, regional managers meetings, annual trainings, statewide workshops, etc.) Eligible training hours can come from both DCA and non-DCA hosted training events. Training must be relevant to the field of downtown development, historic preservation, planning, community development and economic development D. Respond to requests by DCA in a timely manner. 3. Take advantage of the Georgia Main Street network of professional downtown managers. 4. All newly hired managers must be Main Street 101 certified with DCA within the first 6 months of employment in the local community. 5. Provide regular updates between the local Main Street Program and the Community. A. Managers are encouraged to provide at least quarterly reports to the local government. B. Managers are encouraged to provide copies of all minutes, budgets, and work plans to the local government in a timely manner. 6. Maintain and preserve project files. Document downtown projects and other major local program information in a thorough and systematic fashion. All relevant programmatic documentation should be uploaded and stored in the DCA shared Dropbox folder created for your program. This is to help ensure a seamless transfer of project files to city representatives or successor manager in the event of personnel changes. ARTICLE 4: DCA AGREES TO— 1. Supervise all communications between the Community, state government agencies and the National Main Street Center as it relates to the local Main Street Program. 2. Conduct a curriculum of training on an annual basis to assist the downtown manager, the Main Street Board, and the Community with the local downtown revitalization program. 3. Assist local Main Street Programs with organizational issues that may prevent the successful progress of the Community’s downtown revitalization strategy. A. DCA may provide assistance, directly or through partnerships, to assist in the execution of local organization strategy sessions, trainings, retreats, and community visioning sessions. B. DCA may assist communities in selecting candidates for the position of downtown manager as requested. C. DCA may require a local Main Street Program to host an on-site assessment visit if the program has had a major leadership or organization change, is currently in a probationary status, or is in jeopardy of losing accreditation or designation status. 4. Provide timely assistance and guidance to the Community as a result of requests for service, monthly reports, or the annual assessment process. A. DCA may contact a community upon observation of monthly reporting abnormalities, missing data or missing reports. If a community becomes delinquent in multiple reports, DCA may contact the local board chair or city administrator about the delinquency. B. DCA may assist in training local staff or volunteers in the reporting process. C. DCA will provide unlimited telephone consultations with local programs. D. DCA will attempt to provide on-site assistance as feasible. 5. Provide ongoing press coverage of the GEMS program, including social media outreach, to recognize and publicize the work of local programs. a. DCA will highlight each GEMS community once a quarter through both the Georgia Main Street website and social media channels. 6. Provide access to resource materials, sample codes and ordinances, organizational documents, and templates for local programs. a. DCA will provide GEMS communities with first right of refusal on all scholarships and financial incentive programs offered by the Office of Downtown Development. 7. Conduct an annual program assessment for the Community highlighting success and opportunities for improvement. 8. Provide design services to the local program at a discounted rate. Services may include phone consultations, site visits, design training, services for local property owners and merchants, conceptual drawings, property plans and layouts, corridor plans and strategies, historic preservation plans, and historic research, among other services as requested. 9. Provide economic development assistance to encourage small business development, real estate development and property rehabilitation within the downtown area.
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ARTICLE 5: ALL PARTIES AGREE THAT— 1. This agreement shall be valid through June 30, 2019. 2. This agreement may be terminated by DCA or the Community by written notice of 60 days. Termination of this agreement by the Community will result in the loss of local Main Street Designation. Communities that choose to terminate their Georgia Classic Main Streets Program affiliation will be required to formally apply for and participate in the Start-Up process if they desire to regain their National Accreditation in the future. 3. If the Community, Board of Directors and/or Downtown Manager fail to fulfill their obligations set forth in this agreement, DCA reserves the right to determine a course of action for the local Main Street Program as it deems appropriate. Such course may include probation, loss of accreditation or termination of designation. 4. If at any point during the 2018/19 calendar year there is a change in the local program manager, the local program is required to submit a new MOU including the new manager’s signature certifying that person’s understanding of the requirements of this relationship. 5. Any change in the terms of this agreement must be made in writing and approved by both parties.
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GEORGIA EXCEPTIONAL MAIN STREETS PROGRAM
MEMORANDUM OF UNDERSTANDING: 2018 - 19 Program Year
THIS AGREEMENT IS HEREBY EXECUTED BY AND BETWEEN THE PARTIES BELOW:
LOCAL GOVERNMENT (COMMUNITY): ___________________________________________
___________________________________________ ________________________ Mayor/Chief Elected Official’s Signature Date
___________________________________________ ________________________ Printed Name Date Term Expires
MAIN STREET BOARD OF DIRECTORS
___________________________________________ _________________________ President/Board Chairperson’s Signature Date
___________________________________________ _________________________ Printed Name Date Term Expires
DOWNTOWN MANAGER
___________________________________________ _________________________ Manager’s Signature Date
___________________________________________ __________________________ Printed Name Date Hired
Please check here if this position is vacant.
GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS OFFICE OF DOWNTOWN DEVELOPMENT GEORGIA CLASSIC MAIN STREET PROGRAM
_______________________ Date
Phone: 404-679-4859 Email: Jessica.reynolds@dca.ga.gov
__________________________________________ Director’s Signature
Jessica Reynolds Director, Office of Downtown Development Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329
April 3, 2018
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TRADEMARK SUBLICENSE AGREEMENT
This Trademark Sub-license Agreement (“Sub-license Agreement”) is entered
into between the Office of Downtown Development (“Coordinating Program”) and
_____________________ (“Sublicensee”), effective as of the last date written below. For
good and valuable consideration, the receipt and sufficiency of which are acknowledged, the
parties agree as follows:
1. Background.
A. The National Main Street Center, Inc. (“NMSC”) operates a membership program called
MAIN STREET AMERICA™. As a part of that program, MAIN STREET AMERICA™ Coordinating
Program Membership is available to statewide, regional or citywide organizations that oversee
multiple local downtown and neighborhood programs within their service area and work to
preserve and revitalize commercial districts. Local Program membership in the MAIN STREET
AMERICA™ program is available at the Affiliate or Accredited levels to individual programs or
organizations that satisfy the membership eligibility criteria described on the NMSC website
(currently located at: http://www.preservationnation.org/main-street/about-main-street/main-
street-america/main-street-america-tier.html#.VmYLY7grLIU).
B. Organization is a Coordinating Program member of NMSC in good standing and has
entered into a Trademark License Agreement with the NMSC which grants to the State Program
the right to sublicense to its Local Programs the use of the NMSC name and trademarks described
below.
C. Sublicensee is a Local Program Member in good standing of the MAIN STREET
AMERICA™ program at the Accredited level. Sublicensee is also located within the Coordinating
Program’s geographic service area. Therefore, Sublicensee has the opportunity to enter into this
Trademark License Agreement, which grants certain rights to use the NMSC’s name and
trademarks, including MAIN STREET AMERICA™ and MAIN STREET®, as described below.
D.The NMSC’s parent entity, the National Trust for Historic Preservation (“National
Trust”), owns the following registered trademarks, which it has delegated to the NMSC the right to
sublicense. NMSC and CoordinatingProgram have entered into a Trademark Licensing Agreement
which grants the Coordinating Program the right to sublicense the following registered trademarks:
Mark U.S. Registration Number
MAIN STREET Reg. Nos. 3,365,568 and 2,057,207
NATIONAL MAIN STREET CENTER Reg. No. 2,013,837
These registered trademarks owned by the National Trust, together with the MAIN STREET
AMERICA™ word marks and logos referred to in Section 2.A.1 below, the NATIONAL MAIN
STREET CENTER logo referred to in Section 2.A.ii below are referred to herein as the
“Trademarks.”
E. The Trademarks are well known and recognized by the general public and associated in
the public mind with the NMSC and the National Trust. The Coordinating Program and the
Sublicensee recognize the mutual benefits that accrue from the Sublicensee’s use of the Trademarks
in accordance with the terms and conditions of this Sublicense Agreement, including the
recognition and credibility brought to the Sublicensee through its use of these Trademarks and the
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National Main Street Center
Local Program Accredited Member Sublicensing Agreement
2
benefit to the Coordinating Program and NMSC from association with high-performing Local
Programs.
2. Grant of Sub-License.
A.Subject to the terms and conditions of this Sublicense Agreement, the Coordinating
Program hereby grants the Sublicensee the non-exclusive right and license to use the Trademarks
to identify and promote its participation in the MAIN STREET AMERICA™ program, as well as its
relationship and association with the Coordinating Program and NMSC, in connection with the
following activities:
i.MAIN STREET AMERICA™ word and logo marks. The Sublicensee’s rights to use
the MAIN STREET AMERICA™ word mark and the following MAIN STREET AMERICA
logo are limited to Sublicensees which are members in good standing at the Accredited
membership level of the MAIN STREET AMERICA™ program:
For use by Local Programs who are Designated Members at the Accredited Level:
ii.NATIONAL MAIN STREET CENTER® word and logo marks. The Sublicensee’s
right to use the NATIONAL MAIN STREET CENTER word mark and the following
NATIONAL MAIN STREET CENTER logo solely and exclusively to indicate its
association with the National Main Street Center:
iii.MAIN STREET® word mark. The Sublicensee’s right to use the MAIN STREET
trademark is limited to use made to identify Sublicensee and/or its activities, including
as part of the name of the Licensee (e.g. “Main Street Iowa”), in connection with
commercial district revitalization and related consultation, education, and training.
3. Scope of and Limitations on Use. Use of the Trademarks by the Sublicensee will be subject
to the following limitations:
A.Sublicensee must display the Accredited level MAIN STREET AMERICA membership
mark on their website. All uses of the MAIN STREET AMERICA word mark and logo by
Sublicensee must follow the specific mark, color, and character usage set forth in the Brand
Identity Guidelines attached as Exhibit A, which are incorporated by reference as if fully set forth
herein. Sublicensee will not use or develop any different logos or designs (including any symbols or
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National Main Street Center
Local Program Accredited Member Sublicensing Agreement
3
stylized presentations), in connection with the MAIN STREET AMERICA mark or logo. Use of the
MAIN STREET AMERICA word mark and logos by Sublicensee is a mandatory condition of
membership in the MAIN STREET AMERICA program.
B.The MAIN STREET mark, as part of the name and identity of Sublicensee’s
organization, programs, and activities, can be used on materials designed to promote the work of
Sublicensee (e.g., website, brochures, newsletter, letterhead or other printed promotional
materials). The right to use the MAIN STREET mark by the Sublicensee is an optional benefit of
membership in the MAIN STREET AMERICA program.
C.All uses of the NATIONAL MAIN STREET CENTER logo by Sublicensee must follow
the specific mark, color, and character usage set forth in the Brand Identity Guidelines attached as
Exhibit A, which are incorporated by reference as if fully set forth herein. Sublicensee will not use
or develop any different logos or designs (including any symbols or stylized presentations) in
connection with the NATIONAL MAIN STREET CENTER mark. Use of the NATIONAL MAIN
STREET CENTER logo by Sublicensee is an optional benefit of membership in the MAIN STREET
AMERICA program.
D.This Sublicense Agreement is subject to the terms, conditions, and limitations of the
Trademark License Agreement between NMSC and the CoordinatingProgram.
E.Sublicensee will not apply to register any of the Trademarks, or any other trademark
that incorporates any part of the Trademarks or “National Trust for Historic Preservation.”
Sublicensee will not state or imply that it owns any such trademarks.
F.The Sublicensee will not use the Trademarks in combination with or in juxtaposition
with other trademarks except as may be approved in writing by the NMSC. The Sublicensee will
apply and display the ® symbol and the ™ symbol next to or with respect to the Trademarks as
directed by the CoordinatingProgram.
G.Other than as specifically provided herein, Sublicensee is not granted any other rights
to use, license or sublicense the Trademarks.
4.Term. This Sublicense Agreement will become effective immediately upon the date of last
signature below, and, unless terminated early under Sections 5 or 10, will be effective through
December 31, 2018, at which time it may be renewed by mutual written agreement of the parties
hereto.
5.Conditions. This Sublicense Agreement between State Program and Sublicensee is
conditioned upon Sublicensee having an active MAIN STREET AMERICA membership at the
Accredited level with NMSC. The requirements of this membership are currently
available at: http://www.preservationnation.org/main-street/about-main-street/main-street-
america/main-street-america-tier.html#.VmYLY7grLIU, and are incorporated herein by reference.
6.Acknowledgment of Ownership. Use of the Trademarks indicates acknowledgment by the
Sublicensee of the NMSC’s and the National Trust’s rights and title to the Trademarks, (i.e. MAIN
STREET AMERICA, NATIONAL MAIN STREET CENTER, and MAIN STREET), and that
Sublicensee will not at any time do, or permit to be done, any act or thing that will in any way
impair the rights of the NMSC or the National Trust. All use of the Trademarks by the Sublicensee
will inure to the benefit of the NMSC and the National Trust.
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Local Program Accredited Member Sublicensing Agreement
4
7. Good will and promotional value. Sublicensee recognizes and acknowledges the value of
good will associated with the Trademarks and agrees that it will not conduct any activity, provide
any service, or produce or distribute goods which in any way damages or reflects adversely upon
the NMSC or the National Trust.
8. Non-assignment. This Sublicense Agreement is personal to the Sublicensee, and may not be
assigned to any other individual, program, organization, or agency. Any attempted assignment will
be null and void.
9.Compliance Verification. It is the responsibility of the Sublicensee to verify compliance with
the terms of this Sublicense Agreement, and to provide complete and accurate usage reports to the
State Program. If the State Program or the NMSC has reason to believe that the Sublicensee is in
violation of this Sublicense Agreement, the State Program or NMSC shall have the right to make
inquiries with Sublicensee as necessary to determine compliance. In such case, the Sublicensee will
cooperate with the State Program and/or NMSC in its investigation and provide in a timely fashion
any and all information that is requested.
10. Termination.
A. Coordinating Program may terminate this Sublicense Agreement if the Sublicensee
violates any of the provisions of this Sublicense Agreement or fails to satisfy the
membership criteria established by the NMSC for Accredited Local Programs. Such
termination will be effective thirty (30) days after the Coordinating Program sends written
notice of such termination to Sublicensee. During this thirty (30) day period, Sublicensee
may attempt to cure such violation. If the violation is not cured during this period, the
termination will be effective upon the expiration of the thirty (30) day period.
B. This Sublicense Agreement will automatically terminate immediately without any notice
required, notwithstanding the above paragraph, if the Coordinating Program or NMSC
determines: (i) that sublicensee’s actions could negatively affect the goodwill, image, or
reputation of the NMSC, the National Trust for Historic Preservation, the Coordinating
Program, or any of the Trademarks; (ii) the Sublicensee discontinues all or a significant
portion of its business; (iii) the National Trust terminates, revokes, or fails to renew the
NMSC’s rights to use, license, or sublicense the Trademarks; or (iv) the NMSC terminates,
revokes or fails to renew the Coordinating Program’s rights to use, license or sublicense the
Trademarks.
C. Upon the expiration or early termination of this Agreement, the Sublicensee will
discontinue use of the Trademarks and will destroy and delete tangible and electronic
documents and files containing any such marks, except for a limited number of copies
retained for archival purposes only.
11. Governing Law. This Agreement is entered into in the District of Columbia and will be
governed by and construed in accordance with the laws of the District of Columbia, USA, without
giving effect to conflict of laws provisions.
12. Annual Report, Notices, Other Communication. Upon request by the Coordinating
Program or NMSC, Sublicensee shall submit samples of any materials on which the Trademarks
licensed under this agreement were used during the year. Such samples shall be submitted within
ten business days of receipt of a written request from the Coordinating Program or NMSC.
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Local Program Accredited Member Sublicensing Agreement
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13. Notices. Any notices which either party is required or may desire to serve upon the other party
shall be in writing and may be served either personally or by depositing the same in the mail (first
class postage prepaid, certified and return receipt requested) or with a reputable overnight express
delivery service (with confirmed delivery, charge prepaid or billed to shipper), addressed to the
party to be served as follows, unless a different address is designated in writing by the party to be
served. Notice shall also be required to be given by electronic mail on the same date as deposited in
the mail. Notice given by mail alone shall not be sufficient.
To Coordinating Program:
Name: The Office of Downtown Development
Address: Georgia Department of Community Affairs,
c/o Office of Downtown Development
60 Executive Park South, NE
Atlanta, GA 30329
Phone: 404-679-4859
Email: jessica.reynolds@dca.ga.gov
To Sublicensee:
Name:________________________
Address:_______________________
_____________________________
Phone:________________________
Email: ________________________
14. Successors. This Agreement shall be binding upon, and will inure to the benefit of, the
parties and their respective permitted successors and assigns.
15. Modification. No amendment or modification of the terms or conditions of this License
Agreement will be valid unless in writing and signed by both parties.
16. Waiver. The failure of either party to partially or fully exercise any right or the waiver by
either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a
waiver of any subsequent breach of the same or any other term of this Sublicense Agreement. No
waiver shall be valid or binding unless in writing and signed by the waiving party.
17. Severability. If any provision of this Sublicense Agreement or the application of any
provision hereof to any person or circumstances is held to be void, invalid, or inoperative, the
remaining provisions of this Agreement shall not be affected and shall continue in effect and the
invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
18. Entire Agreement. This Sublicense Agreement is the entire agreement between the parties
with respect to the matters referred to herein and it supersedes and replaces all prior and
contemporaneous oral and written understandings pertaining to the subject matter hereof.
Coordinating Program
By: Jessica Reynolds, Director, Office of
Downtown Development
Name, Title
Sublicensee
By: ___________________________
Name, Title
Date: _________________________
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ORDINANCE NO. 2018-01 JL
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
SO AS TO REPEAL SECTION 2-292 ESTABLISHING A
FINE ARTS COMMISSION AND TO DISCONTINUE SUCH A COMMISSION
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, of the Constitution of the State of Georgia to adopt
ordinances respecting the local control of the City for the citizens of Tybee Island, Georgia; and,
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof;
WHEREAS, the governing authority previously created an Fine Arts Commission
pursuant to Section 2-292 of the Charter;
WHEREAS, the Fine Arts Commission was created by ordinance designated as Section
2-292;
WHEREAS, the Mayor and Council have determined that the functions of the Fine Arts
Commission are no longer needed;
WHEREAS, the Mayor and Council have therefore deemed it appropriate to abolish the
Fine Arts Commission and to repeal the ordinance pertaining thereto; and,
WHEREAS, the abolishment of the Fine Arts Commission shall in no way impact or
interfere with all rights and obligations of the City with respect to the arts requirements existing
under State or local laws, intergovernmental agreements, bond obligations, etc.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the
City of Tybee Island that The Code of the City of Tybee Island, Georgia, Section 2-292
establishing the Fine Arts Commission is hereby amended so that such section is repealed and
deleted as hereinafter provided.
SECTION 1
Section 2-292 is hereby repealed and such section shall hereinafter be “Reserved” for the
future use by the City.
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SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention,.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS _____ DAY OF ________ 2018.
________________________________
JASON BUELTERMAN, MAYOR
ATTEST:
___________________________
JANET LeVINER, CMC
CLERK OF COUNCIL
FIRST READING _________________
SECOND READING _________________
ENACTED _________________
Ordinances/01.2018-JL/Sec 2-292 Fine Arts 04.12.18
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ORDINANCE NO. 2018-02 JL
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
SO AS TO REPEAL SECTION 2-336 ESTABLISHING A
RECREATION COMMISSION AND TO DISCONTINUE SUCH A COMMISSION
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, of the Constitution of the State of Georgia to adopt
ordinances respecting the local control of the City for the citizens of Tybee Island, Georgia; and,
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof;
WHEREAS, the governing authority previously created an Recreation Commission
pursuant to Section 2-336 of the Charter;
WHEREAS, the Recreation Commission was created by ordinance designated as Section
2-336;
WHEREAS, the Mayor and Council have determined that the functions of the
Recreation Commission are no longer needed;
WHEREAS, the Mayor and Council have therefore deemed it appropriate to abolish the
Recreation Commission and to repeal the ordinance pertaining thereto; and,
WHEREAS, the abolishment of the Recreation Commission shall in no way impact or
interfere with all rights and obligations of the City with respect to recreational requirements
existing under State or local laws, intergovernmental agreements, bond obligations, etc.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the
City of Tybee Island that The Code of the City of Tybee Island, Georgia, Section 2-336
establishing the Recreation Commission is hereby amended so that such section is repealed and
deleted as hereinafter provided.
SECTION 1
Section 2-336 is hereby repealed and such section shall hereinafter be “Reserved” for the
future use by the City.
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SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention,.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS _____ DAY OF ________ 2018.
________________________________
JASON BUELTERMAN, MAYOR
ATTEST:
___________________________
JANET LeVINER, CMC
CLERK OF COUNCIL
FIRST READING _________________
SECOND READING _________________
ENACTED _________________
Ordinances/02-2018-JL Sec 2-336 Recreation Commission 04.12.18
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ORDINANCE NO. 2018-03 JL
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
SO AS TO REPEAL SECTION 2-364 ESTABLISHING A
TYBRISIA PARK COMMISSION AND TO DISCONTINUE SUCH A COMMITTEE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, of the Constitution of the State of Georgia to adopt
ordinances respecting the local control of the City for the citizens of Tybee Island, Georgia; and,
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof;
WHEREAS, the governing authority previously created an Tybrisa Park Commission
pursuant to Section 2-364 of the Charter;
WHEREAS, the Tybrisa Park Commission was created by ordinance designated as
Section 2-364;
WHEREAS, the Mayor and Council have determined that the functions of the Tybrisa
Park Commission are not being performed and no longer needed;
WHEREAS, the Mayor and Council have therefore deemed it appropriate to abolish the
Tybrisa Park Commission and to repeal the ordinance pertaining thereto; and,
WHEREAS, the abolishment of the Tybrisa Park Commission shall in no way impact or
interfere with all rights and obligations of the City with respect to Tybrisa requirements existing
under State or local laws, intergovernmental agreements, bond obligations, etc.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the
City of Tybee Island that The Code of the City of Tybee Island, Georgia, Section 2-364
establishing the Tybrisa Park Commission is hereby amended so that such section is repealed and
deleted as hereinafter provided.
SECTION 1
Section 2-364 is hereby repealed and such section shall hereinafter be “Reserved” for the
future use by the City.
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SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention,.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS _____ DAY OF ________ 2018.
________________________________
JASON BUELTERMAN, MAYOR
ATTEST:
___________________________
JANET LeVINER, CMC
CLERK OF COUNCIL
FIRST READING _________________
SECOND READING _________________
ENACTED _________________
Ordinances/03-2018-JL Sec 2-364 Tybrisa Park Commission 04.12.18
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HPC approved: 3-19-18 Page 1 of 1
TYBEE ISLAND HISTORIC PRESERVATION COMMISSION
MEETING MINUTES
January 22, 2018
ATTENDANCE
(Present) Commissioner: Jane Coslick, Susan Estroff, Jan Will
City Council Representative: Jackson Butler
Advisor: Sarah Jones
Staff: Chantel Morton
Guests: Janice Hayden, Neca Stoller
(Absent) Commissioner: Kathy Black Dennis, Phil Rosen
CALL TO ORDER
Sarah called the meeting to order at 6:15pm.
COMMISSIONER INTRODUCTIONS
Chantel welcomed everyone and congratulated the newly council appointed commissioners.
Commissioners introduced themselves.
HPC MEETING MINUTES
Motion was made by Jan, which was seconded by Jane, to approve the HPC meeting minutes of
November 20, 2017. The motion passed unanimously.
CHAIRPERSON SELECTION/APPOINTMENT
Jan suggested Phil serve as the HPC Chairperson. The item was postponed until next month when Phil can
confirm his interest.
REVIEW PRESERVATION EFFORTS
Sarah reviewed the existing National Historic Districts and the proposed Local Historic Districts. Chantel
provided an overview of the design guidelines that were originally prepared by a SCAD graduate student
in 2013. Commissioners revised the guidelines accordingly for each of the proposed Local Historic
Districts over a period of three years. The state’s preservation office and others assisted as necessary.
The guidelines can have a positive impact for neighborhood and commercial districts in towns that have
them included with their codes and/or local historic districts. Commissioners discussed the process of
revising the guidelines as necessary with input from the city’s Community Development Director and
possibly a consultant that Chantel has been in communication with. Discussion ensued about how local
districts are increasingly important since the state’s historic preservation division’s review process is
becoming more favorable towards individual listings in an approved local district. Sarah shared that the
Historical Society is working on nominating the Lighthouse as a Landmark District again.
Sarah reviewed the ordinance that allows for the HPC to review building permits for buildings that are 50
years or older. She reviewed the process that the previous chair, Sue Bentley, and she had with the
permitting office in the Community Development Department. A new HPC contact, in addition to Sarah,
will be discussed at the next meeting
OTHER BUSINESS
Discussion ensued about the property located at the corner of Meddin and Van Horne. Sarah and Susan
will discuss further. Jane and Jan confirmed they will discuss suggestions for projects on Bright Street
ADJOURNMENT
The meeting adjourned at 6:55pm
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TYBEE ISLAND HISTORIC PRESERVATION COMMISSION
MEETING MINUTES
February 20, 2018
ATTENDANCE
(Present) Commissioner: Jane Coslick, Phil Rosen, Jan Will
City Council Representative: Jackson Butler
Advisor: Sarah Jones
Staff: Chantel Morton
Guests: Vicki Hammons, Janice Hayden
(Absent) Commissioner: Kathy Black Dennis, Susan Estroff
CALL TO ORDER
Sarah called the meeting to order at 5:25pm.
CHAIRPERSON SELECTION/APPOINTMENT
Motion was made by Phil, which was seconded by Jane, to appoint Jan as the Chairperson on the Historic
Preservation Commission. The motion passed unanimously.
SPOKESPERSON
Commissioners discussed the importance of having one person represent the commission at other
meetings such as city council. It was confirmed that the chairperson would be best to speak at meetings
on behalf of the commission. Jackson explained that, as the council liaison, he will advocate and present
items at council meetings when appropriate. Sarah explained that, as the director of the Historical
Society, she addresses city council on their behalf and having an HPC spokesperson adds another level of
support for topics pertaining to preservation.
JOINT MEETINGS
Chantel shared that commissioners had talked about requesting a joint meeting with city council
in the past in order to ensure mutual understandings and goals with preservation for the island.
Commissioners discussed the need to have a such a meeting with the Mayor and City Council once
they have set their goals and have had a few meetings so new members can get acclimated with the
process first. Chantel shared that meeting with the Development Authority/Main Street
Program Directors is also a meeting that should be arranged because the program is based on
economic development within the context of historic preservation. When city council activated the
authority and the program expanded its area to city limits, it also began serving as a conduit for various
organizations on the island on behalf of the city. Directors and the design committee have been working
on design guidelines for districts - specifically downtown. The board will also be who the
commissioners will be making a recommendation to in regards to the facade improvement grant
applications for buildings that are on the historic resources survey. Commissioners will arrange these
joint meetings thru Jackson and Chantel.
GOALS/PROJECTS
Discussion ensued about goals and projects that commissioners want to do and can achieve over the next
one to two years. Five goals/projects were agreed upon. One of the projects will be to have an entrance
sign designed and installed on Campbell at Van Horne that is inspired by the original entrance to Fort
Screven. Jan and/or Sarah will email a historical photo of the design to commissioners for their
review. Jackson will email commissioners example photos of design concepts. The second project will be
to partner with the Historical Society by supporting their walking tour that is being developed. This could
be part of Preservation Month. The third goal is for commissioners to have name tags. Chantel will make
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name tags and bring them to the next meeting. Jackson will assist with designing an informational
brochure about the historic districts and features of Tybee. This will be the fourth project and could also
be part of Preservation Month. Chantel will provide Jackson with brochure examples from other towns
that she has received over the years. The fifth project will be to produce and install panels for each of the
national historic districts. These will be similar to the Girl Scout panels at Jaycee Park that Sarah and
Chantel worked on with the Historical Society and City last year during National Preservation Month.
SOUTH END OVERLAY RECOMMENDATION
Jackson reviewed a resolution he requested from the city attorney about a moratorium on
demolition of historic structures for a period of 120 day that was imposed years ago. Jackson
explained that it could be considered with modifications for the South End Business Overlay District
as a way to protect the remaining historic integrity of the area and provide time to develop design
guidelines with directors for the Development Authority/Main Street Program. Chantel confirmed that
she will resend the guidelines for the proposed Downtown Local Historic (sub) District that had been
worked on by commissioners as previously noted. Vicki, Dev’l Auth/Main Street Program vice chair,
shared that their board and design committee have been working on guidelines for the district. With the
grant that Chantel recently applied for, the hope is that a consultant can be hired to provide
assistance and expedite finalizing the guidelines with the two groups so a final document can be
presented for consideration of adoption by elected officials. She also confirmed that their board is
developing incentives for implementing to entice commercial property owners to make improvements
where needed. Jane made a motion, which was seconded by Phil, to recommend that city council accept
the resolution for imposing a demolition moratorium for the South End Business Overlay District for a
period of six months. The motion carried unanimously. Jackson will let the city attorney know so the
resolution can be written for consideration at an upcoming city council meeting.
PERMIT REVIEW PROCESS
Sarah recapped the permit review process and the timeline. Jane offered to help Sarah by being
the second person from the HPC that the Community Development Department’s Permitting Office
can contact for reviewing permits. All agreed.
MEETING SCHEDULE
Commissioners agreed that they will meet the third Monday of every month instead of every other
month at 6pm.
ADJOURNMENT
The meeting adjourned at 6:35pm.
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TYBEE ISLAND HISTORIC PRESERVATION COMMISSION
MEETING MINUTES
March 19, 2018
ATTENDANCE
(Present) Commissioner: Kathy Black Dennis, Susan Estroff, Phil Rosen, Jan Will
City Council Representative: Jackson Butler
Advisor: Sarah Jones
Staff: Chantel Morton
Guests: Vicki Hammons, Janice Hayden, Alan Robertson
(Absent) Commissioner: Jane Coslick
CALL TO ORDER
Jan called the meeting to order at 6pm.
NEW BUSINESS
Meeting Minutes for Consideration
Motion was made by Kathy, which was seconded by Susan, to approve the Historic Preservation
Commission meeting minutes of January 22, 2018. The motion passed unanimously.
Motion was made by Phil, which was seconded by Kathy, to approve the Historic Preservation
Commission meeting minutes of February 20, 2018. The motion passed unanimously.
Master Plan Review
Alan Robertson, Chairperson with the Master Plan Implementation Committee, presented an overview
about the committee, their work to date, and the vision, goals, and information provided in the Master
Plan that was adopted in 2016 and how they relate to city council’s goals. The committee is working
directly with city council to assist with identified goals. Commissioners discussed the works that the HPC
has done over the years and recently set goals as they pertain to preservation identified in the previous
and current Master Plan.
HPC Training
Chantel confirmed that she will email commissioners information about required trainings as she receives
notifications.
OLD BUSINESS
Projects & Goals and Other Updates
Chantel distributed name tags to Commissioners.
Jan confirmed she has a city email address now and all commissioners do need to do the same.
Jan and Phil presented a photo of yard sign ideas they found that Madison, GA does to promote
preservation. Chantel will send Jan and/or Phil contact information for the planning and preservation
staff people she knows in Madison.
Jan shared that she is collecting contact information for the call list. She requested that Commissioners
also gather names and emails of preservation minded citizens they know.
Jackson discussed the resolution for a moratorium that will be considered at the City Council meeting on
Thursday. Chantel distributed copies. Commissioners discussed attending the meeting and ways to show
their support.
Preservation Month Activities
Sarah confirmed that the plan for the Ft. Screven tour is coming together. She anticipates that everything
will be finalized in April so the tours can start in May. She is working with Art and Gus and will let
Commissioners know how they can assist.
Chantel and Jackson presented and reviewed the concept for the historic preservation brochure.
Commissioners agreed they like the layout and verbiage will be sent to Jackson for inclusion.
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Sarah confirmed she is working on the panels for the national historic districts. She and Chantel will
identify locations and work with the city manager for approval of placement.
Date Options for Joint Meetings
Phil expressed his desire to not have the HPC meet with the Mayor and City Council and the Development
Authority/Main Street Board until the moratorium is over.
PERMIT REVIEW PROCESS
Sarah and Jan reported that one home owner will be replacing original windows with new windows, but
will imitate the original windows in the front. There was also discussion about a home on Logan.
ADJOURNMENT
The meeting adjourned at 7:09pm.
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TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET
BOARD OF DIRECTORS MONTHLY MEETING
Meeting Minutes: March 21, 2018
Vision: To improve the quality of life for those that live, work, and visit Tybee Island and enhance the cultural
experience while preserving the community's barrier island heritage.
The Mission of the Tybee Island Development Authority / Main Street Program is to:
- facilitate efforts to revitalize, redevelop, and enhance that which improves the quality of life;
- create a sense of place and improve the quality of life for residents, business owners, and visitors using the Main
Street Four Point Approach;
- encourage quality economic growth and development while preserving Tybee Island's unique architectural and
community heritage;
- support and encourage the arts as a cultural endeavor and economic engine on the Island.
ATTENDANCE
(Present) Director: Sarah Bernzott, Marianne Bramble, Vicki Hammons,
Diane Kaufman, Julie Livingston, Ted Lynch
Ex-Officio Director: Kelly Swope, Angela Caldwell
Program City Staff: Chantel Morton
Guest: Janice Hayden
(Absent) Director: Steve Kellam
Ex-Officio Director: Melissa Memory
CALL TO ORDER
Ted called the meeting to order at 4:30pm.
DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES
Motion was made by Julie, which was seconded by Sarah, to approve the minutes of the Tybee Island
Development Authority / Main Street Board of Directors February 21, 2018 meeting minutes. Motion
carried.
COMMITTEE REPORTS
Business Assistance
Chantel reported that Calvin and she talked about the façade improvement grant program for the new
restaurant on Inlet that he is opening with Rick. She also reported that two pharmacists are interested in
opening a pharmacy on Tybee and are talking to a few commercial property owners that have space for
lease. They are finding that rent is quite expensive, but will continue to look for a space that will work for
them so they can provide this service here. She was introduced to the new owners of the building at 101
Lovell Avenue. They are going to be renovating the restaurant and are looking forward to bringing a new
look and menu to the location. Ted reported that there has not been any more activity at the location
where the candy manufacturing company was going to open since they moved equipment into the space.
Kelly reported that a paint your own pottery shop, Glazed and Confused, and Casey Jones Photography
have opened in Tybee Oaks. She will speak with Casey about his interest in having a ribbon cutting
ceremony. Chantel and she will coordinate following the board meeting.
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Design
Vicki confirmed that the planning process for the design guidelines is underway. A consultant will be
hired. She attended the Historic Preservation Commission meeting recently and will share more
information as it is available. Chantel confirmed that the proposed budget for the Program will include
costs for a consultant. Julie provided information about the resolution for a demo moratorium in the
South End Overlay District that will be considered at this week’s City Council meeting.
Organization
Directors reviewed the survey results of the Tybee Market Analysis for Downtown that Chantel provided
to them. A few Directors reviewed the results in detail at a previous meeting. Chantel reviewed the
questions and graphs that show the results from over 200 respondents. She also reviewed the open
ended questions and comments that were provided. Directors discussed the importance of the survey
with the work they are doing for economic development, presenting it to city council, and how it can be
used to advance the goals of the program and the city (Master Plan).
Directors reviewed the Economic Development Strategic Plan that was submitted by Georgia Downtowns
which is based on the February planning retreat. The 2018 – 19 work plan that is included in the report
was discussed. Diane made a motion, which was seconded by Vicki, to approve the Development
Authority/Main Street 2018-2019 Plan of Work as presented. Sarah inquired about details for
accomplishing each of the tasks listed for each objective. Chantel confirmed the details will be developed
as committees and involved partners meet and outline the steps for each objective to accomplish the
identified goals. She will keep records of progress each committee is making with their specific goals. At
each meeting, the outline should be reviewed so everyone can be aware of progress and stay on track to
meet the deadlines. Motion carried.
Diane suggested Tim Arnold with Tybee Beach Clean (AKA Fight Dirty) be contacted regarding the ex-
officio seat that is currently available. She will contact him and have him send Chantel information for the
board to review for consideration.
Promotions
Chantel confirmed that the movies for the summer series of Movies in the Park have been ordered and
the AV equipment has been reserved with the company that sets it up. Kelly confirmed she will have the
flyer done soon.
Sarah announced that Julie did book Spec Hosti to play for one hour at Community Day. Chantel
confirmed that she has reached out to the Girlfriends/Sassy Cats. Sarah reported that food will be
donated if she secures such and volunteers who will cook at the grill, as has been done in the past.
Sarah confirmed she is going to talk to, or has already talked to, the flutist and dance studio to perform at
Lights on for Tybee Celebration again.
Chantel reported she provided more examples of sponsorship forms to the committee when they last
met. Sarah will continue working on a final form to present to the board for approval so she can secure
sponsorships for this year’s events. She will also email Chantel a scope of work to review for pursuing an
intern per the annual planning workshop suggestions and discussion. Discussion ensued regarding social
media posts on the Tybee Island Main Street FB page. All agreed to send Chantel an email with a photo
and verbiage, as it relates to the Program, that they wish to have posted on the Program’s FB page for her
to post at her discretion.
Kelly reviewed information she received about this month’s Small Business Week. She expressed interest
in having support from the program to promote it and help businesses. Chantel confirmed she could
submit a proclamation for elected officials to declare dates as Small Business Week at a City Council
meeting. This is done annually for Small Business Saturday in November. Discussion ensued regarding
the timing of promotions for Small Business Week. All agreed to supporting promotion of it next year so
there is more time to plan.
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PARTNER UPDATES
Diane shared that Savannah Area Chamber of Commerce is hosting Taste of Tybee on April 19 at the Pier
and Pavilion. She encouraged everyone to attend.
Sarah shared that she has resigned from the Tybee Arts Association board, but remains a member in good
standing. Discussion ensued regarding concerns she expressed to Chantel at the last promotions
committee meeting and also the criteria for being a voting Development Authority/Main Street Director.
Marianne reported that, although she is not representing the Arts Association on this board, the Arts
Association is hosting a Paint Out event with Savannah Arts Association on March 23. Diane encouraged
her to have the Arts Association do more on social media.
ADJOURN
The meeting adjourned at 5:50pm.
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