HomeMy Public PortalAbout20171214AmendedPacket3 (3).pdfTable of Contents
000_000_20171214AmendedAgenda2....................................................................................................................................................................................... 1050_010_20171109Minutes....................................................................................................................................................................................... 5050_020_20171130Minutes....................................................................................................................................................................................... 8060_013_Historic Preservation Commission Application....................................................................................................................................................................................... 9 Kathy Dennis kjbd241@aol.com 502-550-5248....................................................................................................................................................................................... 9 Tybee Island is such a special place; we need to facilitate the preservation of our cottages, buildings and lands
that tell our story. It saddens me when we lose unique properties to “cookie cutter progress”. Our historical buildings
are our soul. I w.......................................................................................................................................................................................... 9070_010_City Council Presentation 121417 Final....................................................................................................................................................................................... 10100_010_CC1-PACKET-38 SOLOMON-MINOR SUB....................................................................................................................................................................................... 17 20171113 PC_AGENDA.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 18 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 18 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 18 20171113_PC_MINUTES.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 31 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 31 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 31100_020_CC2-PACKET-37 MEDDIN-N BEACH....................................................................................................................................................................................... 33 1 - 2017 Site Plan Approval Application with Variance 2 - 37 Meddin Lease and Addendum 05.09.14 3 - Conflict of Interest in Zoning Actions 4 - 2017 Plat – DNR SPA Jurisdiction Line Change 5 - 2017-18 SPA Jurisdiction Line Verification Letter 6 - 2014 Plat - Post-Recombination 7 - Variance Rquest on Parking Spaces 8 - Building Elevations 04-2013 EL-2 EL-3 9 - Site Plan 11-02-17 10 - Section 5-080 - Site plan approval 11 - Section 5-090 - VariancesVariances - Not Used 12 - Section 3-080 - Off-street parking requirements. 37 MEDDIN-N BEACH.pdf 1 - 2017 Site Plan Approval Application with Variance....................................................................................................................................................................................... 37 2 - 37 Meddin Lease and Addendum 05.09.14....................................................................................................................................................................................... 39 3 - Conflict of Interest in Zoning Actions....................................................................................................................................................................................... 63 4 - 2017 Plat – DNR SPA Jurisdiction Line Change....................................................................................................................................................................................... 64 5 - 2017-18 SPA Jurisdiction Line Verification Letter....................................................................................................................................................................................... 65 6 - 2014 Plat - Post-Recombination....................................................................................................................................................................................... 66 7 - Variance Rquest on Parking Spaces....................................................................................................................................................................................... 67 8 - Building Elevations 04-2013....................................................................................................................................................................................... 68
EL-2....................................................................................................................................................................................... 68 EL-3....................................................................................................................................................................................... 69 9 - Site Plan 11-02-17....................................................................................................................................................................................... 70 10 - Section 5-080 - Site plan approval....................................................................................................................................................................................... 72 11 - Section 5-090 - VariancesVariances - Not Used....................................................................................................................................................................................... 73 12 - Section 3-080 - Off-street parking requirements........................................................................................................................................................................................ 75 SCIENCE CENTER DRAINAGE.pdf Untitled_20171115_160045_001 Untitled_20171115_160045_002 20171127 PC_AGENDA.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 85 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 85 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 85 20171113 PC_AGENDA.pdf PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Alan Robertson Edward M. Hughes 20171113 PC_AGENDA.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 34 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 34 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 34 20171113_PC_MINUTES.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 83 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 83 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 83 20171127_PC_MINUTES.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 104 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 104 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 104110_010_Agenda Request-2018 Alcohol & Entertainment License Requests....................................................................................................................................................................................... 106120_010_Master Services Contract-Tybee....................................................................................................................................................................................... 108120_020_Tybee Island Agreement AM 8.7.17....................................................................................................................................................................................... 119120_030_Unsigned Probation Svcs Agr w-SE Corrections - scan....................................................................................................................................................................................... 126120_031_Service Agreement Checklist for SE Corrections Agr - scan....................................................................................................................................................................................... 141120_032_2017 - Amendment to Agr for Probation Svcs - unsigned - scan....................................................................................................................................................................................... 142120_040_Agenda Request-Tybee Gym Roof Repair....................................................................................................................................................................................... 144120_041_Roof Repair Arch Proposal and Acceptance....................................................................................................................................................................................... 147120_042_Tybee Gym Roof Att A....................................................................................................................................................................................... 149120_050_Agenda Request-Fund Raising Activities for the TI Volunteer Fire Dept....................................................................................................................................................................................... 154
120_060_Agenda for FY18 Operating Grant Fund Amended Budget of Dec 14 2017 - Copy....................................................................................................................................................................................... 157120_060_Agenda for FY18 Operating Grant Fund Amended Budget of Dec 14 2017....................................................................................................................................................................................... 158120_061_-FY18 Operating Grant Fund 220 Resolution 12-14-17 - Copy....................................................................................................................................................................................... 159120_070_MOA Info Hut_Agenda Request for CC 12-14-17....................................................................................................................................................................................... 161120_071_2018 Info Hut agreement bt COTI_DA-MS and VT....................................................................................................................................................................................... 162120_080_2-Agenda for FY18 SPLOST 2003 Amended Budget of Dec 14 2017 - Copy....................................................................................................................................................................................... 163120_090_Agenda for FY18 SPLOST 2014 Amended Budget of Dec 14 2017 - Copy....................................................................................................................................................................................... 164120_100_Agenda for FY18 Chatham County SPLOST VI Amended Budget of Dec 14 2017....................................................................................................................................................................................... 165120_110_Agenda for FY18 SPLOST 2008 Amended Budget of Dec 14 2017 - Copy....................................................................................................................................................................................... 166120_111_FY18 Capital Project Funds Budget Amendment Resolution 12-14-17....................................................................................................................................................................................... 167120_120_Agenda Request 2017-Marine Science Center....................................................................................................................................................................................... 169120_130_2017-705 Sweeper....................................................................................................................................................................................... 170120_132_Johnston North America....................................................................................................................................................................................... 185120_132_RFP 2017-705 Street Sweeper....................................................................................................................................................................................... 201 Sheet1....................................................................................................................................................................................... 201123_131_2017-705 Sweeper Proposers(2)....................................................................................................................................................................................... 202130_010_14-2017 Art V Sec 42-66 Fireworks - 10.24.17....................................................................................................................................................................................... 203130_020_Agenda RequestE&Serroradjustment....................................................................................................................................................................................... 207130_021_18-2017 Art 15 Soil Erosion Def 18 12.07.17....................................................................................................................................................................................... 208130_030_16-2017-A REDLINE, STVR fees....................................................................................................................................................................................... 211130_031_16-2017-A - STVR fees - rev 12.06.17....................................................................................................................................................................................... 213130_040_17-2017 - REDLINE Regulatory Fees Sec 58-179....................................................................................................................................................................................... 217130_041_17-2017 rEGULATORY FEE 12.07.17....................................................................................................................................................................................... 219140_010_Land Use Agreement final 12-7-17{1800987.1}....................................................................................................................................................................................... 222140_011_J#23987 Tybe Marsh Hen CO - Ecology Memo 2017-12....................................................................................................................................................................................... 228140_020_Agenda Request mitigation grant criteria....................................................................................................................................................................................... 231140_021_Criteria for prioritizing home elevation....................................................................................................................................................................................... 232140_031_Agenda Request for Class and Compensation Changes Dec 2017....................................................................................................................................................................................... 233140_032_Administrative Changes to the Classification and Compensation Plan 2017....................................................................................................................................................................................... 234140_040_Agenda Request-Beach Crossover Signage....................................................................................................................................................................................... 237
AMENDED AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
December 14, 2017 7:00PM
Please silence all cell phones during Council Meetings
I. Consideration of Items for Consent Agenda 6:30PM
II. Executive Session
III. Opening Ceremonies
1 Call to Order
2 Invocation
3 Pledge of Allegiance
IV. Recognitions and Proclamations
1 Youth of the Month Presentation – Ava Thomas, Tybee Island Youth Council
2 Tybee Island Police Department – Recognition of newly sworn in officers
i. Nathaniel Dalit
ii. Ray Smith
iii. David Ruiz
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 City Council Meeting, November 9, 2017
2 Special City Council Meeting, November 30, 2017
VI. Consideration of Boards, Commissions and Committee Appointments
1 Historic Preservation Commission (four seats open – if approved this will fill the Commission)
i. Philip Rosen, Ph.D.
ii. Janet K. Will
iii. Kathy Dennis
iv. Jane Coslick (REAPPOINTMENT)
2 Tybee Island Ethics Commission (total of three seats open – if approved one remaining seat)
i. Dennis Alexander (REAPPOINTMENT)
ii. Ben Goggins (REAPPOINTMENT)
VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Alan Robertson, Chair, Code Review Committee
VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
1 Julia Pearce, Tybee MLK5/50 Forward
IX. Consideration of Approval of Consent Agenda
X. Public Hearings
1 Minor Subdivision, Sub-divide on lot into two lots – 38 Solomon Avenue; Zone R-1-B; Sharon
Akers, PIN 4-0002-16-018
2 Site Plan Approval and Parking Variance; Tybee Island Marine Science Foundation – 37 Meddin
Drive; North Beach; Zone R-1/North End cultural Overlay; Maria Procopio; PIN 4-0001-03-013
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
BEER/WINE/LIQUOR – SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND
ENTERTAINMENT
Agave Bar and Grill Ivet Perez Hernandez 402 First Street 20171214AmendedCityCouncilPacket3 Page 1 of 243 20171212/jrl
�� A J s D o c k s i d e R e s t a u r a n t J a c q u a l a n d M . B u r n 1 3 1 5 C h a t h a m A v e
�� A m e r i c a n L e g i o n P o s t 1 5 4 G e o r g e W a l k e r 1 0 V e t e r a n s D r i v e
�� B e a c h v i e w B e d a n d B r e a k f a s t I n n , L L C K a r e n K e l l y 1 7 0 1 B u t l e r A v e
�� B e n n y s A l v i n B . W a r d 1 5 1 7 B u t l e r A v e
�� B e r n i e s T y b e e I s l a n d , I n c . B e r n i e A . R e y e s 1 3 T y b r i s a S t r e e t
�� B u b b a G u m b o s P a t r i c k B u r n s 4 O l d H w y 8 0
�� C o c o s S u n s e t G r i l l e T r a c y M . M c M a h o n 1 - A O l d H w y 8 0
�� 8 0 E a s t P u b a n d G r i l l A n t h o n y J . B a k e r 7 2 5 B F i r s t S t r e e t
�� O r r i g i n a l R e s t C o r p d b a J e n n i f e r R . O r r 1 6 1 3 S t r a n d
F a n n i e s o n t h e B e a c h
�� H u c - A - P o o s B i t e s & B o o z e E r i c T h o m a s 1 2 1 3 H w y 8 0
�� L i t t l e I t a l y T y b e e I n c . d b a L a D o l c e V i t a H e a t h e r P e r e z 1 4 0 1 S t r a n d
�� T h e S t o n e d M u l l e t d b a A n t h o n y D e b r e c e n y 4 0 4 B u t l e r A v e
T h e D e c k
�� N i c k i e s 1 9 7 1 R o y L a n d r u m 1 5 1 3 B u t l e r A v e
�� N o r t h B e a c h B a r a n d G r i l l K a t h r y n W i l l i a m s 3 3 - A M e d d i n D r
�� R A W I n d u s t r i e s I n c . d b a M a r s h a l l G . S t e v e n s I I I 1 8 - C T y b r i s a
R A W I n g r e d i e n t s
�� B i k i n i s I n c . d b a R o c k H o u s e J o s h u a N a v o n 1 5 1 8 B u t l e r A v e
�� S t i n g R a y s R a y m o n d J . R o g e r s J r . 1 4 0 3 B u t l e r A v e
�� S w e e t D r e a m s P a v i l i o n A . T o d d M o r r i s o n P i e r / P a v i l i o n ( S a m e
B u s i n e s s * * C h a n g e o f
O w n e r s h i p )
�� T h e Q u a r t e r S p o r t s B a r W a y n e T . B a r l o w 6 0 4 F i r s t S t r e e t
�� T y b e e S a n d B a r I N C d b a T h e S a n d B a r J e n n i f e r K n o x 1 5 1 2 B u t l e r A v e
�� T y b e e T i m e I n c . d b a T y b e e T i m e B a r S t e v e n K e l l a m 1 6 0 3 S t r a n d A v e
�� W i n d R o s e C a f � M a r y K l e i n 1 9 T y b r i s a S t
B E E R / W I N E / L I Q U O R S U N D A Y S A L E S B Y D R I N K F O R C O N S U M P T I O N O N P R E M I S E S O N L Y
�� M a c E l w e e s S e a f o o d L y n n Z e i g l e r 1 0 1 L o v e l l A v e
�� S p a n k y s B e a c h s i d e J o h n Y a r b r o u g h 1 6 0 5 S t r a n d
�� T y b e e I s l a n d F i s h C a m p K u r t i s S c h u m m 1 0 6 S . C a m p b e l l A v e
�� T y b e e I s l a n d W e t W i l l i e s W i l l i a m D i c k i n s o n 1 6 - B T y b r i s a
�� T y b e e S u p p e r C l u b M i c h a e l S c a r b r o u g h 3 5 M e d d i n D r i v e
B E E R / W I N E S U N D A Y S A L E S B Y D R I N K F O R C O N S U M P T I O N O N P R E M I S E S O N L Y A N D
E N T E R T A I N M E N T
�� G P S B B Q . C O M d b a G e r a l d s P i g & S h r i m p G e r a l d L . S c h a n t z 1 1 1 5 H W Y 8 0
�� L i g h t h o u s e P i z z a , I n c . d b a R i c h a r d H a m m o n s 1 5 T y b r i s a S t r e e t
L i g h t h o u s e P i z z a N o r t h
�� T y b e e A r t s A s s o c i a t i o n K i m T r a m m e l 7 C e d a r w o o d D r i v e
�� T y b e e I s l a n d H i s t o r i c a l S o c i e t y , I n c . S a r a h J o n e s 3 0 M e d d i n D r i v e
�� T y b e e R e s t a u r a n t G r o u p , I n c . B e t h a n y K e l l a m 3 3 M e d d i n D r i v e ( N e w
B u s i n e s s ) d b a T h e S a l t y P e l i c a n
�� F r i e n d s o f T y b e e T h e a t e r d b a J a m e s K l u t t z 1 0 V a n H o r n e A v e
T y b e e P o s t T h e a t e r
B E E R / W I N E S U N D A Y S A L E S B Y D R I N K F O R C O N S U M P T I O N O N P R E M I S E S O N L Y
�� L i g h t h o u s e P i z z a , I n c . R i c h a r d H a m m o n s 1 5 T y b r i s a S t r e e t
d b a L i g h t h o u s e P i z z a
B E E R / W I N E / L I Q U O R , S U N D A Y S A L E S B Y D R I N K F O R C O N S U M P T I O N O N P R E M I S E S O N L Y A N D
E N T E R T A I N M E N T
W I N E - P A C K A G E S A L E S O N L Y , C O N S U M P T I O N O N P R E M I S E S P R O H I B I T E D
�� T y b e e I s l a n d S o c i a l C l u b K u r t i s S c h u m m 1 3 1 1 B u t l e r A v e
2 0 1 7 1 2 1 4 A m e n d e d C i t y C o u n c i l P a c k e t 3 P a g e 2 o f 2 4 3 2 0 1 7 1 2 1 2 / j r l
BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY
Sundae Café Anthony J. Baker 30-A First Street
BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND
ENTERTAINMENT
Tybee Time Inc. dba Doc’s Bar On Tybee Steven Kellam 10 Tybrisa St
BEER/WINE/LIQUOR – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTIION ON PREMISES
PROHIBITED
Dizzy Dean’s Discount Liquor A. Todd Morrison 1516 Butler Ave(Same
Business*Change of Ownership)
XYZ Liquors Terese M. Jung 302 First Street
BEER/WINE – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTION ON PREMISES
PROHIBITED
Chu’s Convenience Mart Richard Frederick Pruden 725 First Street
Chu’s Convenience Mart #101 Mola Chu Jung 306 First Street
Chu’s Convenience Mart #102 Mola Chu Jung 1603 Inlet Ave
Jaydeep LLC dba Shell Food Mart Rajesh Patel 1315 Butler Ave
Tybee Market Inc. Michael J. Hosti 1111 Butler Ave
ENTERTAINMENT ONLY
Tybee Wedding Chapel LLC Stacye C. Jarrell 1114 HWY 80
XII. Consideration of Bids, Contracts, Agreements and Expenditures
1 Thomas & Hutton Contract
2 Tyler Technologies
3 SE Corrections Agreement, Amendment, Probation Services
4 Greenline – Tybee Island YMCA Gym roof
5 Fund raising for Volunteer Tybee Island Fire Department
6 City Council establish the fiscal year 2017-18 the Operating Grant Special Revenue Fund for
$1,946,872 with Resolution
7 Memorandum of Agreement, Tybee Island Information Hut Partnership
8 City Council amend the fiscal year 2017-18 the Chatham County SPLOST VI Capital Fund by an
decrease of ($3,202) from $450,984 to $447,782
9 City Council amend the fiscal year 2017-18 the SPLOST 2014 Capital Fund by increasing $300
from $1,410,209.26 to $1,410,509.26
10 City Council amend the fiscal year 2017-18 the Chatham County SPLOST VI Capital Fund by an
increase of $11,976 from $1,700,000 to $1,711,836 with Resolution
11 City Council amend the fiscal year 2017-18 the SPLOST 2008 Capital Fund by an increase of
$1,667 from $1,959 to $3,626
12 Authorize Use of $300,000 of Fund Balance for the Marine Science Center
13 Purchase, Vacuum/Regenerative Air Street Sweeper, $180,000, Johnston North America
XIII. Consideration of Ordinances, Resolutions
1 First and Second Reading, 14-2017, Sec 42-66 Fireworks
2 First Reading, 18-2017, Corrective Ordinance, Article 15, Soil Erosion, Sedimentation and
Pollution Control
3 First Reading, 2017-16, Sec 34-262, Registration Fee/Renewal, STVR
4 First Reading, 2017-17, Sec 58-179, Regulatory fee; schedule
XIV. Council, Officials and City Attorney Considerations and Comments
1 Bubba Hughes
i. Conditional Zoning Agreement, Meddin Drive
ii. Amendment to complete the updated Threatened and Endangered Species Report –
Marsh Hen Trail 20171214AmendedCityCouncilPacket3 Page 3 of 243 20171212/jrl
iii. Acceptance of Donation of property near Wrenwood
2 Shawn Gillen
i. Criteria for choosing which homes to evaluate for possible elevation through Hazard
Mitigation Grant
ii. Administrative Changes in positions in the Class and Compensation Plan
iii. Beach Crossovers – Signage – Discuss sign content
3 Barry Brown
i. Drainage issues at Bright and North Campbell
XV. City Manager’s Report
1 Hazard Mitigation Grant Program Update
XVI. Minutes of Boards and Committees
XVII. Executive Session
1 Discuss litigation, personnel and real estate acquisition
XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session
XIX. Adjournment
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard
section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.”
20171214AmendedCityCouncilPacket3 Page 4 of 243 20171212/jrl
City Council Minutes, November 9, 2017
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on November 9, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown, and Bill
Garbett. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney;
George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• Small Business Saturday, November 25, 2017
• City Council Minutes, October 26, 2017
Julie Livingston made a motion to adjourn to Executive Session to discuss litigation and
personnel. Monty Parks seconded. Vote was unanimous, 6-0.
Monty Parks made a motion to return to regular session. Wanda Doyle seconded. Vote was
unanimous, 6-0.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the
consent agenda were present.
Opening Ceremonies
• Call to Order
• Invocation – Jan LeViner
• Pledge Allegiance Recognitions and Proclamations
Mayor Buelterman recognized Anna Bloess for her recent accomplishments in the East Coast
Surfing Championship. Ms. Bloess is the first Georgian to win the Eastern Surfing Association
Short-board Youth 16 Championship. Ava Thomas, President, Tybee Island Youth Council also
presented the Quarterly Youth Council Spotlight to Ms. Bloess for her accomplishments as well.
Reports of Staff, Boards, Standing Committees
Jenny Orr, Tybee Festival Association – Postponed until December 2017.
Gerald Schantz approached Mayor and Council to speak on Sunday Sales Reporting
Requirements. Mr. Schantz asked why the City requires restaurants to have a Sunday Sales Tax
on their license and have a CPA certify the reporting documents. Mayor Buelterman responded
the City is working to get the State requirements changed. Mr. Hughes stated this is not a tax
but a fee based on the regulatory requirements that the State requires. Ms. Doyle stated she is
working to get an appointment with Representative Ron Stephens, Economic Development,
House of Representatives, to have the Sunday Sales Fee changed. Ms. Doyle would like the
City Manager to review the requirement for a Certified CPA to certify their “numbers” as they
are working off what the proprietor is providing to them. Dr. Gillen confirmed. Mr. Schantz
then asked for an update on the backflow preventers. Mayor pro tem Brown responded it is on
the agenda for tonight and it is an ongoing project. Mr. Schantz thanked Mayor and Council. Ms. Doyle asked if Dr. Gillen could review the requirements for a CPA to certify the report.
Monty Parks made a motion to approve the consent agenda. Julie Livingston seconded.
Vote was unanimous to approve, 6-0. 20171214AmendedCityCouncilPacket3 Page 5 of 243 20171212/jrl
Consideration of Ordinances, Resolutions Second Reading, 2017-15B, Decal. Mayor Buelterman asked if all questions and concerns
from First Reading have been answered. Ms. Doyle confirmed. Wanda Doyle made a motion
to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Council, Officials and City Attorney Considerations and Comments
Shawn Gillen stated Mayor and Council is approving the Agreement with GIRMA for the Fire
Fighters Cancer Benefit Program. Mr. Hughes asked Mayor Buelterman to execute the
Resolution at the end of the Agreement. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Barry Brown gave a Status of back-flow on the outfalls. Mayor pro tem Brown stated all
the back-flow preventers have been identified and Mr. Wilson is looking at pricing. Work will
start on the North-end of the Island moving to the South-end. Financially only two or three will
be done at a time. Work will commence in December. Council confirmed moving forward with the replacement of all back-flow precentors.
Bubba Hughes stated the plat has not been prepared that designates the easement and property has not yet closed on as Meddin Drive as they are waiting on the plat. This
document will be ready for the December 2017 meeting. Move to December 2017 City
Council Meeting
Dr. Gillen gave an update on the Hazard Mitigation Grant Program. Dr. Gillen stated Mr.
Shaw is working on this project. Mr. Shaw stated staff has asked for the Notice of Voluntary
Interest and over 120 have been received. Staff is developing priorities as monies might not be
available to accommodate those who have expressed an interest. He is currently working on an
RPF for consultants and the engineering firm that will manage the Grant. Mr. Shaw has
identified two firms that are willing to take on this project. The Grant is due February 1, 2018.
Mr. Major asked that this topic be a standing agenda item for each council meeting. Mr. Shaw confirmed. Mayor Buelterman asked about additional staff. Mr. Shaw stated one person could
be hired to write the grant and another firm to manage or one firm to do both. This would be
for the life of the Grant. Ms. Doyle asked if the residents who have expressed an interest in the
Grant have been updated as to the status of the Grant. Mr. Shaw stated he has not started any
feedback as forms are still being received by Staff. Since the form did not ask for an email
address, letters will be mailed for updates and/or included on the water bill. Mayor pro-tem
Brown asked for clarification as to what the Grant will pay for. Mr. Shaw responded it is his understanding the Grant pays for the act of elevating the home, the piers, new floor system,
and the reattaching of utilities. Ms. Livingston asked if other funds are available for repetitive
losses. Mr. Shaw stated he is not aware. Dr. Gillen stated Mayor and Council will have to set
criteria to prioritize the 120 forms of interest that have been received. He recommended this might be set at the upcoming workshop. Mayor Buelterman recommended Staff reach out to
other communities who have completed this process. This would include recommendations on
setting the criteria to determine who is qualified and who is not. Ms. Livingston asked if there is income criteria attached to the Grant. Mr. Shaw stated no he is not aware.
Ms. Livingston reminded the community that Saturday, November 25, 2017 is Small Business
Saturday and this is a great time to support the community.
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Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous,
6-0.
Meeting adjourned at 8:15PM.
________________________ __________________________
Janet LeViner, CMC Jason Buelterman, Mayor
Clerk
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Special City Council Meeting Minutes, November 30, 2017
Mayor Buelterman called the Special City Council meeting to order at 4:30PM on November 30,
2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown, and Bill Garbett. Also attending were Dr. Shawn Gillen, City Manager; and Janet
LeViner, Clerk of Council.
Mayor Buelterman stated this is a Special City Council Meeting to approve the purchase of a
Rescue Pumper.
Consideration of Bids, Contracts, Agreements and Expenditures
Approval, HME Inc., Ahrens – Fox, Rescue Pumper, $294,500 budged amount $300,000. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to
approve, 6-0.
Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous to
approve, 6-0.
Meeting adjourned at 4:35PM.
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Letter of Interest to serve on the Historic Preservation Commission
Kathy Dennis kjbd241@aol.com 502-550-5248
I am applying for an open seat on the Historic Preservation Commission. I enjoy public
service and have been a public servant through various positions at the local, state and
federal levels for over 40 years. As a three year full time resident of Tybee, I am
looking to continue to be a good steward to, and for the community. I have been a
small business owner on Tybee, but within the month, I will be a full time volunteer.
I have always been keenly interested in historical preservation efforts, and active in
supporting those efforts. While living in Kentucky, I was active in the revitalization of
the Oldham County Historical Museum, as well as other local preservation efforts. I am
a member of the National Trust for Historical Preservation and the Tybee Island
Historical Society.
My Master’s thesis was a historical perspective of the Kentucky State Reformatory in
LaGrange, Kentucky from the 1930’s.
Tybee Island is such a special place; we need to facilitate the preservation of our
cottages, buildings and lands that tell our story. It saddens me when we lose unique
properties to “cookie cutter progress”. Our historical buildings are our soul. I want to be
a part of protecting our uniqueness for future generations. I believe we accomplish that
through partnerships with other community and government efforts and through
educating our citizens.
Our family vacations always include historical components. Two vivid memories stand
out for me. Milwaukee, Wisconsin had beautiful mansions where the barons of beer
lived and made their fortunes. Today, most of them are gone. There are now
nondescript buildings and parking lots in their place. The other is Havana, Cuba.
Havana is filled with beautiful, but crumbling architecture. If something isn’t done soon,
the beauty will be gone forever and we will see the McDonaldlization take over. I don’t
want to see Tybee lose its history or its soul.
I would consider it an honor to serve Tybee Island, my new home, on the Historic
Preservation Commission and pledge to work diligently on its behalf.
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Code
Review
Delivery
of
Final
Report
City
Council
December
14,
2017
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Overview
! Project
complete
! Council
formed
the
Code
Review
Group
April
14th
–
20
months
! We’ve
met
regularly
since
then
with
updates
to
Council
June
9,
2016;
August
11,
2016;
February
23,
2017;
and
today
! We
have
reviewed
the
enNre
Code
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Wide
variety
of
staff
and
Council
Shawn
Gillen
Jan
LeViner
George
Shaw
John
Major
Alan
Robertson
Bob
Bryson
Ashley
Fields
Jimmy
Brown
Janice
EllioH
Angela
Hudson
Bill
GarbeH
Wanda
Doyle
Bubba
Hughes
! Held
19
meeNngs
! Five
members
plus
esNmated
2
hours
preparaNon
per
meeNng
! AddiNonal
staff
and
Council
members
as
appropriate
! Approximately
450
total
hours
invested
in
the
project.
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Findings
! Issues
of
language
usage
and
typographical
errors
! Inconsistencies
within
and
among
secNons
! Outdated
provisions
! We
also
verified
that
when
ordinances
specify
acNons
they
are
carried
out.
Type
1
issues
-‐
Issues
of
language
usage,
grammaMcal
errors,
and
typographical
errors.
The
Clerk
of
the
Council
can
submit
these
changes
directly
to
MuniCode
for
correcMon.
Type
2a
issues
-‐
Issues
that
must
be
changed
to
be
consistent
with
changes
in
State
Law
and
changes
in
the
City’s
operaMng
procedures.
We
believe
these
issues
could
be
approved
on
a
consent
agenda
Type
2b
issues
-‐
Issues
requiring
a
proposal
be
brought
before
Council
for
deliberaMon,
debate,
and
decision.
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RecommendaNons
! Direct
outside
legal
counsel
to
review
the
respecNve
recommendaNons
! 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
adopNng
ordinances
! Consider
keeping
a
Code
Review
Group
intact
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Code
Review
Book
City
Council
February
23,
2017
CHARTER
SecNon
ID
Current
Issue
RecommendaNon
A\orney
comments
RaNngs
Charter
1.12
and
throughout
inconsistent
reference
to
"State
Georgia
variously
referred
to
as
“state”,
“State
of
Georgia”,
“this
state”
Agree
on
a
reference
and
apply
throughout
the
Code
1
Type
1
:
Clerk
of
Council
changes
SecNon
ID
Current
Issue
RecommendaNon
A\orney
comments
RaNngs
Charter
1.12
and
throughout
inconsistent
reference
to
"State
Georgia
variously
referred
to
as
“state”,
“State
of
Georgia”,
“this
state”
Agree
on
a
reference
and
apply
throughout
the
Code
1
Charter
1.13
(9)
"fix
and
establish
fire
limits"
unsure
what
is
meant
by
fire
limits
clarify
what
is
meant,
perhaps
change
"limits"
to
"districts"
1
Code
Review
Update
PART
II
-‐
CODE
OF
ORDINANCES
Chapter
1
-‐
GENERAL
PROVISIONS
Sec.
1-‐1.
-‐
How
Code
designated
and
cited.
Code
referred
to
in
a
variety
of
different
terms:
"the
Code",
"this
Code",
"Code
of
Ordinances"
The
ordinances
embraced
in
the
following
chapters
and
secNons
and
Appendix
A
shall
consNtute
and
be
designated
"The
Code
of
Tybee
Island,
Georgia,"
and
may
be
so
cited,
and
may
also
be
cited
as
"The
Code
of
the
City
of
Tybee
Island,
Georgia."
(Code
1970,
§
1-‐1;
Code
1983,
§
1-‐1-‐1)
terms
are
confusing
"at
meaning
in
but
less
defini<ve
than
in
or
on";
"past
tense
includes
present
and
future"
Sec.
1-‐2.
-‐
DefiniMons
and
rules
of
construcMon.
In
the
construcMon
of
this
Code,
and
of
all
ordinances,
the
following
definiMons
and
rules
shall
be
observed,
unless
such
construcMon
would
be
inconsistent
with
the
manifest
intent
of
the
governing
body:
Generally.
Ordinary
meanings
shall
be
applied
to
all
words,
except
words
of
art,
or
words
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Code
Review
Thank
you
for
the
opportunity
to
serve
our
community.
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MAYOR Jason Buelterman
CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett
Julie Livingston John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER 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: 12/14/2017
Item: MINOR SUBDIVISION
Explanation: SUBDIVIDE ON LOT INTO TWO LOTS – 38 SOLOMON AVE. –ZONE R-1-B –
SHARON AKERS – 4-0002-16-018.
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: 12/07/2017
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting AGENDA November 13, 2017 – 7:00 p.m.
For City Council Meeting December 14, 2017 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of September 18, 2017
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. Minor Subdivision: Subdivide one lot into two lots -38 Solomon Ave.–Zone R-1-B-Sharon H. Akers -4-0002-16-018.
2. Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation–37 Meddin
Dr. on North Beach–Zone R-1/North End Cultural Overlay–Maria Procopio–4- 0001-03-013.
F. Standing Agenda Item: 1. MPIC – Up date
Adjournment:
Lisa L. Schaaf
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting MINUTES November 13, 2017
Chair Bishop called the November 13, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were: Charles Matlock, Alan Robertson, David McNaughton, John King and Ron Bossick. Tina Gann was not present.
Comment and input Chair Bishop stated he had a discussion about the rezoning of parcel R-1 to RT 15 Meddin time on the minutes in the packet, he stated that there was a tremendous amount of discussion and redundancies at both Planning and City Council and he was concerned that two much time was wasted
on the subject, and he feels that the process with communication between planning commission and
what we decide and what is determined by council could have been better handled by Planning
Commission if it had been referred back to them. Commissioner Robertson stated that he thought the same thing and agrees with Chair Bishop and he also thinks there is a lot of waste of time, he stated that the applicant should have a complete packet before it comes before Planning Commission or we
should not review it. Mr. Shaw stated one of the issues since he has been here is both meetings are
advertised at the same time due to the compacted time frame between the two meetings so because of
that it has to go to City Council, so that is why the Planning Commission is unable to table an item.
Consideration of Minutes: Chair Bishop asked for consideration of the September 18, 2017 meeting
minutes. Commissioner Matlock made a motion to approve and Commissioner McNaughton
seconded, the vote to approve was unanimous.
Disclosures/Recusals:Chair Bishop asked if there were any disclosures or recusals. There were none.
Old Business: Chair Bishop asked if there was any old business for discussion. There was none.
New Business: Minor Subdivision: Subdivide one lot into two lots -38 Solomon Ave.–Zone R-1-B-Sharon H. Akers -4-0002-16-018.: Mr. Shaw approached the Commission and stated the petitioner would like to separate
their property and sell one lot. He also stated that the property meets all the requirements for the R1-B
zoning and staff recommends approval. Ms. Sharon Akers approached the Commission and stated she lives
at 38 Solomon Avenue and the one property has two houses, and they can no longer handle both so she would like to sell the piece of property with the older house on it. Commissioner McNaughton made a
motion to approve and Vice Chair Bossick seconded the vote to approve was unanimous.
Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation–37 Meddin Dr.
on North Beach–Zone R-1/North End Cultural Overlay–Maria Procopio–4-0001-03-013.: Mr. Shaw approached the commission and stated the Petitioner would like to move their existing facility from the
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fourteenth street parking lot to a larger facility in the north end of the north beach parking lot, he showed a
survey slide showing the parking they will be using and he estimated that they would need 25 parking spaces for this building and this will be a net gain for the island because they have no parking now. Mr.
Shaw also stated that he is sorry the drainage plan is missing and he did see one in all the documents but
was just not included in the package. He also stated that staff recommends approval. Commissioner
McNaughton asked if the design is final and how can parking be determined without a final design. Mr. Shaw stated as far as he knows it will stay the same foot print and he went by the foot print and square footage to get what he thought was the best equation for the space. Chair Bishop asked if the City Engineer
has looked at this drainage plan because he did not see an approval letter from the engineer in his packet.
Mr. Shaw stated that the engineer has not reviewed this drainage plan and that would be his fault. Chair
Bishop stated that he would deem this packet incomplete and is unable to act on it. Mr. Shaw agreed. Commissioner Bossick stated he thinks that this site will take some of the existing parking. Mr. Shaw stated he is correct and he did not catch that. He also stated there is an existing plan with the City to design
additional parking in that lot. Mr. Craig Clements and Mr. Anthony Cissell with Sottile & Sottile
Architects approached the Commission and explained how the facility will address parking and showed
slides of an over view of how they came up with the overall design and how every detail is being considered
in and around the building. Ms. Dottie Kluttz approached the Commission and stated she lives at 1 Officers Row on Tybee Island and she also stated that she would like to address her concerns about the busses and
where would they be parking and will the North Beach Parking lot loose spaces. City manager Shawn
Gillen approached the commission and stated he lives at 605 Second Avenue on Tybee Island, he stated that
he has a couple things he wanted to make sure City staff and the public were aware of. That the City is
engaged with Thomas and Hutton and the City Engineer with two separate parking studies on the south and north end of the Island for maximizing parking, improving pedestrians experiences and on the north end we
know there will be more parking and access needed. He also stated that the bus staging will be taken into
consideration. Commissioner Robertson asked that planning and zoning be included in the steps of those
context and plans. City manager Shawn Gillen stated he will make sure that happens. Commissioner Robertson made a motion to continue until the appropriate items are put in the packet, drainage and parking and Commissioner McNaughton seconded the vote to continue was unanimous.
Standing Agenda Item: MPIC – Update: Commissioner Robertson stated that he would like to
keep the Commission up to date on the Master Plan Implementation comity, and they met just before
this meeting and the consultants came in and gave history and contexts and let us know that they are making good progress. He also stated that the Coastal resource division of the DNR has awarded us
the coastal incentive grant that was requested, with some areas to adjust like zoning and the water
study. He also suggested that the MPIC come to the Planning Commission meeting in March or after
to get updates. The goal would be to get everything done by September 2018. Chair Bishop asked where drainage is considered in the master plan. Commissioner Robertson stated drainage and waste
water removal is included in the carrying capacity study so there are action steps that the Council
should consider undertaking, our role would be to condense and prioritize the tasks in the study and
master plan. He also asked if the City will in any way give a variance for more than 35 feet for those
houses that will be lifted under the Hazard Mitigation Grant. Mr. Shaw stated that would a two story house would be the only ones he would think that could go over 35 foot but he would think that would
be a low priority because they could gut the bottom and still have living space above. Also if it is pre
firm they are eligible to be lifted and would have to get a variance if they want to go over the 35foot.
Adjournment: Vice Chair Bosick made the motion to adjourn, Commissioner Robertson seconded and was unanimous, the meeting adjourned at 8:30pm.
Lisa L. Schaaf
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MAYOR Jason Buelterman
CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett
Julie Livingston John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER 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: 12/14/2017
Item: SITE PLAN APPROVAL AND PARKING VARIENCE
Explanation: TYBEE ISLAND MARINE SCIENCE FOUNDATION -37 MEDDIN DR. ON NORTH BEACH
–ZONE R-1/NORTH END CULTURAL OVERLAY –MARIA PROCOPIO -4-0001-03-013.
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: 12/07/2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting AGENDA November 13, 2017 – 7:00 p.m.
For City Council Meeting December 14, 2017 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of September 18, 2017
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. Minor Subdivision: Subdivide one lot into two lots -38 Solomon Ave.–Zone R-1-B-Sharon H. Akers -4-0002-16-018.
2. Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation–37 Meddin
Dr. on North Beach–Zone R-1/North End Cultural Overlay–Maria Procopio–4- 0001-03-013.
F. Standing Agenda Item: 1. MPIC – Up date
Adjournment:
Lisa L. Schaaf
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CITY OF TYBEE ISLAND
SITE PLAN APPROVAL APPLICATION
Applicant’s Name: Tybee Island Marine Science Foundation
Address and location of subject property: 37 Meddin Drive on the North Beach
PIN: 4-0001-13-008 Applicant’s Telephone Number: 912-786-5917
Applicant’s Mailing Address: PO Box 1879, Tybee Island, GA 31328
Brief description of the land development activity and use of the land thereafter to take place on the property:
Construction of the Tybee Island Marine Science Center, a nonprofit that provides cultural, educational, and recreational
programming/exhibits related to beach and marine life.
Property Owner’s Name: City of Tybee Island Telephone Number 912-786-4573
Property Owner’s Address: 403 Butler Avenue, Tybee Island, GA 31328
Is Applicant the Property Owner? No
If Applicant is the Property Owner, Proof of Ownership is attached: NA
If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the
Applicant permission to conduct such land development is attached hereto. Yes, see lease dated May 8, 2014
Current Zoning of Property: R-1/North End Cultural Overlay Current Use: Parking
Names and addresses of all adjacent property owners are attached: Yes
David and Martha Makel William Fleetwood
41 Meddin Drive PO Box 175
Tybee Island, GA 31328 Tybee Island, GA 31328
434-996-7172 912-786-8463
If within two (2) years immediately preceding the filing of the Applicant’s application for a zoning action, the
Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of
Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local government official
during the two (2) years immediately preceding the filing of the application for this zoning action, and
the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local government official during the two (2) years immediately preceding the filing of the
application for this zoning action.
NOTE: Other specific data is required for each type of Site Plan Approval with Variance.
Site Plan Fee
Commercial $500
Residential $250
Variance Fee
Commercial $500 Residential $200
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CITY OF TYBEE ISLAND
CONFLICT OF INTEREST IN ZONING ACTIONS
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Have you within the past two (2) years made campaign contributions or gave gifts having an
aggregate value of $250.00 or more to a member of the City of Tybee Island Planning
Commission, or Mayor and Council or any local government official who will be considering the
rezoning application?
YES __________ NO √
IF YES, PLEASE COMPLETE THE FOLLOWING SECTION:
NAME OF GOVERNMENT
OFFICIAL
CONTRIBUTIONS
OF $250.00 OR MORE
GIFTS OF $250.00
OR MORE
DATE OF
CONTRIBUTION
IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION,
THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS
PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR
GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE
PLANNING COMMISSION OR MAYOR AND COUNCIL.
Signature:
Printed Name: Maria Procopio, executive director
Date: 10-25-2017
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PO Box 1879, 1509 Strand Avenue ● Tybee Island, GA 31328 ● voice 912.786.5917 ● fax 912.786.8959 ● toll-free 866.557.9172 TybeeMarineScience.org
Year-round programs for island visitors, scouts, and school groups
on the beach, in the marsh, on the water, in the classroom and the Coastal Gallery.
To: Planning Commission
From: Maria Procopio, executive director
Date: October 25, 2017
Re: Request for Parking Variance
____________________________________________________________________________________________
The Tybee Island Marine Science Foundation requests a variance to the off-street parking requirements of section
3-080 Off-Street Parking Requirements, which states:
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums and
gymnasium used in conjunction therewith). One parking space for each 200 square feet of gross
floor area devoted to such use.
Section 3-080, as referred to above, requires, based on the building’s size, the center have 25 off-street parking spaces.
In the lot to the west of the building are ten parking spaces. Four spaces are allocated to ADA parking, with six remaining
spaces. We are requesting a variance on the remaining 15 spaces.
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SITE DATA:
PROJECT AREA:
AREA OF DISTURBANCE:
ZONING:
P.I.N.:
PROJECT ADDRESS:
PROJECT CITY:
DISTRICT NUMBER:
LOT NUMBER:
OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 30, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912.786.5917
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
37 MEDDIN DRIVE
0.70 AC
0.84 AC
CITY OF TYBEE
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
ORIGINAL RELEASED FOR
CONSTRUCTION DATE:
NO DATE REVSION
NOT FOR CONSTRUCTION
RELEASED FOR CONSTRUCTION
DATE: ______________ BY: ___________
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:Thu, 02 Nov 2017 - 3:13pm jpittmanDRAWING PATH: J:\120418\dwg\SITE-11.1.17.dwgSCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 20'
EX-1
CRZ
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ENGINE E R++CHADWICK R. Z I T T R OUER20171214AmendedCityCouncilPacket3Page 70 of 24320171212/jrl
SITE DATA:
PROJECT AREA:
AREA OF DISTURBANCE:
ZONING:
P.I.N.:
PROJECT ADDRESS:
PROJECT CITY:
DISTRICT NUMBER:
LOT NUMBER:
OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 30, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912.786.5917
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
37 MEDDIN DRIVE
0.70 AC
0.84 AC
CITY OF TYBEE
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
ORIGINAL RELEASED FOR
CONSTRUCTION DATE:
NO DATE REVSION
NOT FOR CONSTRUCTION
RELEASED FOR CONSTRUCTION
DATE: ______________ BY: ___________
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:Thu, 02 Nov 2017 - 3:13pm jpittmanDRAWING PATH: J:\120418\dwg\SITE-11.1.17.dwgSCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 40'
M2
CRZ
CRZ
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MASTER
PLAN
OPTION BTYBEE NORTH BEACH PARKING LOTATTYBEE ISLAND MARINE SCIENCE CENTERPLANS OFRE G I S TER
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No. 32285
ENGIN E E R++CHADWICK R. Z IT T R O UER20171214AmendedCityCouncilPacket3Page 71 of 24320171212/jrl
Sec. 5-080. - Site plan approval.
The site plan approval process is intended to provide the general public, planning commission, and mayor and
council with information pertinent to how a new development will affect the surrounding area and the city as a
whole and to ensure compliance with all applicable regulations and considerations as hereinafter stated. Where
a variance, special review, or any other land development activity is involved in connection with a site plan, the
standards applicable to the variance, special review, and/or land development activity applied for shall apply.
(A) Process. Upon submittal of the site plan, the designated city official will review the site plan or noticeable
discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then
forwarded to the city's consulting engineer. Once the engineer has submitted comments to the designated
city official, a public hearing before the planning commission shall be scheduled. The public hearing shall
be held regardless of whether the site plan meets the requirements of this Land Development Code. Until
the applicant addresses all of the engineer's comments and the site plan is satisfactory, the mayor and
council will not consider the plan. In addition to all other requirements, any applicant for a site plan must
identify all prior site plan applications made by the applicant, any affiliates/relatives, corporate or business
entities in which the applicant has had an interest for the property which is the subject matter of the current
application. The applicant must identify any parking meters proposed to be eliminated from city rights-of-
way by the proposed site plan implementation. The applicant must demonstrate compliance with all other
applicable ordinances including but not limited to stormwater, flood damage prevention, and buffering. In
considering a site plan, the mayor and council may consider whether the proposed development will be
unreasonably detrimental to adjacent or nearby uses and whether the proposed development will adversely
impact existing conditions in the overall neighborhood, including but not limited to:
(1) The impact or lack thereof on available resources and utilities.
(2) Whether the proposed development is of a scale and mass so as to be compatible with the character of the
neighborhood.
(3) Whether the proposed development is consistent with the character area under the master plan.
(4) Density considerations for the neighborhood including demands on infrastructure, traffic, and other relevant
factors. In considering a site plan, the mayor and council may approve or deny the application as submitted,
or add or delete conditions appropriate to protecting the interest of the applicant as well as those of nearby
properties. Buffering requirements beyond those expressly identified may also be imposed. If conditions are
added or deleted the applicant must subsequently submit a revised plan of the proposed development to the
designated city official and all such conditions that had been added or deleted must be accepted by the city's
consulting engineer. If all of the foregoing requirements have been satisfied and further if the mayor and
council find that the benefits of and need for the proposed use and project are greater than any possible
depreciating effects and damages to the neighboring properties, the application may be granted.
(B) Other zoning actions. Because special review, variances and map amendments require site plans, site plan
review may be the first step in the permitting process, however, the site plan should identify any other
zoning actions necessary in order for the intended development to be constructed so that a public hearing
can be held on all such zoning actions simultaneously with the public hearing on the site plan. Site plan
approval should encompass approval of all other zoning actions necessary to accomplish the development,
however, if the intended development is to be altered from an approved site plan, additional public hearing
and review is necessary if an additional special review, variance or map amendment is necessitated by the
proposed alteration.
(C) Site plan longevity. After a site plan has been approved by the mayor and council it shall be valid for a
period of 18 months from the date of approval. If a building permit has not been obtained and work has not
begun, the site plan approval shall be void and a new application must be submitted for site plan approval.
(Ord. No. 1999-26, 8-12-1999; Ord. No. 2002-15, 7-11-2002; Ord. No. 2002-15, amended 1-9-2003; Ord. No.
1999-26, amended 8-12-1999; Ord. No. 1999-19, amended 6-15-1999; Ord. No. No. 2005-14, § 1, 5-26-2005;
Ord. No. 2005-14, § 1, 5-26-2005; Ord. No. 01-2015, § 1, 1-15-2015)
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Sec. 5-090. - Variances. NOTE THIS PAGE IS INCLUDED IN THE SITE PLAN APPLICATION-VARIANCE PACKAGE –
we didn’t use this document to support our variance request, instead, we used Section 3-080.
(A) Standards. After an application has been submitted to the designated city official, reviewed by the planning
commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a
variance from the strict application of the provisions in this Land Development Code only if a physical
circumstance, condition, or consideration exists as described in subsection (1).
(1) There are unique physical circumstances or conditions or considerations beyond that of surrounding
properties, including a substandard lot of record that existed prior to March 24, 1971 (see section 3-040);
irregularity; narrowness; or shallowness of the lot shape; or exceptional topographical or other physical
circumstances, conditions, or considerations related to the environment, or to safety, or to historical
significance, that is peculiar to the particular property; and;
(2) Because of such physical circumstances or conditions or considerations, the property cannot be developed
in strict conformity with the provisions of this Land Development Code, without undue hardship to the
property.
(3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or
consideration.
(B) Height. No part of any structure shall project beyond 35-feet above the average adjacent grade of a property
except:
(1) Chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, solar
panels and similar appurtenances needed to operate and maintain the building on which they are located.
(2) The following items that were existing on the date of the adoption of this ordinance: flag poles, television
aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission
line towers, and electric substation structures.
(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a
period of 12 months from date of approval. Such approval is based on information provided in the
application. Building permits may only be granted for plans consistent with the approved application. Any
deviation from the information submitted will require separate approval by the mayor and council.
(D) Reviewing variance applications. The designated city official, planning commission, and governing body,
shall consider the factors stated herein in reviewing variance applications in taking action on a particular
variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its
approval which it finds necessary to accomplish the reasonable application of the requirements of these
regulations.
(E) Application approval. Notwithstanding any other provisions of this Code of Ordinances, the designated
city official may approve applications for variances without the need of public hearings and without the
need of review by the planning commission or the mayor and council as follows:
(1) When either of the following circumstances exists:
a. The proposed improvement or alteration will not result in an expansion of the existing footprint of the
existing structure; or
b. No additional encroachment into any setback shall be created by the proposed improvement, construction
or addition.
(2) When each of the following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will exist below
one foot above the base flood elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application to existing nonconforming structures as referred to in section
3-020.
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(F) Compliance with ordinances. Notwithstanding any other provision of this Code of Ordinances, no
application for a variance may be accepted nor may any variance be granted with respect to any property
that is then not in compliance with the requirements of ordinances for the condition on which the variance is
sought, unless the applicant files with the application a detailed written explanation of how, when, and by
whom the need for a variance was created. In such a case, the planning commission shall make a
recommendation to the mayor and council as to whether the variance should be approved or rejected or
modified and the mayor and council, following a public hearing, may approve, reject or modify the
variance request. In the event property is constructed in violation of the ordinances, the violation status
remains until such time as the condition is rectified and placed in conformity with the ordinances. Violations
of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by
law. A variance that is granted under this section does not excuse prior violations including those that have
resulted or may result in enforcement action by the city.
(Ord. No. 1999-27, 8-12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances, amended 8-29-2002;
Ord. of 8-11-2005; Ord. No. 14-2010, 8-26-2010; Ord. No. 57-A-2014, § 1, 12-11-2014 )
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Sec. 3-080. - Off-street parking requirements.
(A)
In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. tit. 30,
Accessibility Code.
(B)
Residential district parking requirements and residential off-street parking requirements. Off-street parking
facilities shall be provided and maintained on site for all buildings, structures or premises being used in
whole or in part for residential purposes, or for any other use permitted in residential districts.
(1)
Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking
spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking
spaces.
(2)
Nursing homes, hospitals. One parking space for each five patient beds, plus one space for each staff doctor,
plus one space for each employee on the largest shift.
(3)
Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats
provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of
movable seats in the largest assembly room or area.
(4)
Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium
used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to
such use.
(5)
Private docks. At least two off-street parking spaces must be provided for any private dock proposed for
construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a
lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious.
(C)
Control of access to structures used for residential purposes including but not limited to single family, duplex,
triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner
occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following
regulations shall apply to all newly constructed driveways:
(1)
A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the
property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured20171214AmendedCityCouncilPacket3Page 75 of 243 20171212/jrl
property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured
at the property line. This section is not intended to prevent the installation of flared driveway ends. These
flared ends, when constructed in accordance with adopted standards and specifications, shall not count
towards the width of the driveway.
(2)
There shall be no more than two driveway openings on any lot of any width. The total of the widths at the
property line of two driveway openings shall not be greater than 25 feet.
(3)
No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest
improved portion of the right-of-way. However, in any instance where there is not adequate space available
and other access is not feasible, staff may permit a reduction in the distance to an intersection from a
driveway in order to permit safe access to the property provided the speed limit on abutting or adjacent roads
is 30 miles per hour or less.
(4)
No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of
the designated city official. Driveway requirements specified in this section, notwithstanding, staff may issue
a permit to a residential property owner to place approved materials in the city right of way, provided the
owner is informed and acknowledges that the city will maintain the right to initiate any required action within
the right of way and that permitting materials in the right of way shall not create any vested rights in the
property owner and such permission may be terminated at any time. In addition, such permit by staff may
only be made in the event the improvement does not create a safety issue or interfere with city metered
parking and does not violate any city ordinance including, but not limited to, the requirements of section 3-
165 to maintain 65 percent of the property setback area as greenspace. If the staff of the building and zoning
department finds that a request under this section needs or should have additional review for any reason, it
may request review by the mayor and council or, if the staff of the building and zoning department declines
the applicant's request, the applicant may apply for the granting of the permit which will result in the
application going to the mayor and council. However, before the mayor and council, a public hearing is not
required but action may only be taken at a public meeting of the mayor and council.
(5)
For water quality purposes, all newly-constructed driveways and replacements of more than 50 percent of
existing driveways serving residential uses shall be constructed of materials designed to allow retention of the
first one inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such
new driveways and replacements of more than 50 percent of an existing driveway are subject to permitting
and inspection(s). A permit and inspection(s) are also required for repair of less than 50 percent of an
improved driveway. The retention requirement is based on a 24-hour, 25-year Tybee III SCS storm. A permit
is required for installation of a new or replacement driveway. An inspection is required of each layer prior to
the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by
the city for review of materials, even when a material is not approved. Acceptable materials include:
a.
Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea gravel with no fines,
or a combination of two or more. Graded aggregate base (also known as "crusher run" or "crush and run") is
not allowed.
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b.
Standard brick pavers are four-inch by eight-inch with minimum five-sixty-fourths-inch average continuous
joints/borders with eight one-eighth-inch wide spacers per paver filled with masonry sand. See item (c) for
base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area
joint, calculations by a state licensed design professional must be reviewed and approved by the city. See
engineering fee information in subsection (1).
c.
Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described
in the coastal stormwater supplement (CSS) through which stormwater runoff can rapidly pass into the
underlying reservoir of a four-inch minimum depth open-graded stone, no fines. Openings may be filled only
with pea gravel or larger stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon
with a maximum width of eight inches must be installed around the perimeter of the pavers. Building
foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Flush headers and ribbons are included in the driveway measurements. To not be
included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers,
covered with adequate top soil, and seeded or sodded to facilitate vegetation.
d.
Ribbon driveway designs are normally constructed of concrete but other materials may be considered. The
ribbons are to be a maximum of 18 inches wide with a one to two percent cross slope to route runoff to
adjacent pervious areas rather than down the strips to the street. The area between the strips may be either
grass or stone as described in subsection (a). The area between the drive strips is to be flush or one-eighth-
inch below the driving strip to encourage the percolation of stormwater runoff between the driving strips.
e.
Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass
through large openings that are filled with pea gravel, sand or topsoil and turf. A concrete header curb or
brick/concrete block ribbon with a maximum width of 12 inches (flush or one-eighth-inch higher than the
contained permeable pavement) must be installed around the perimeter of the permeable pavement. Building
foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Header and ribbons are included in the driveway measurements. To not be included in
the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered
with adequate top soil, and seeded or sodded to facilitate vegetation.
f.
Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater
runoff to pass through large openings that are filled with gravel, sand or topsoil and turf. A header curb is
required and is included in the driveway measurement.
g.
Pervious concrete (also known as porous concrete) is similar to conventional concrete in structure and form,
but consists of a special open-graded surface course, typically four to eight inches thick, that is bound
together with Portland cement.
h.
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Porous asphalt is similar to pervious concrete, and consists of a special open-graded surface course bound
together by asphalt cement.
For all other proposed materials, calculations are required from a state licensed design professional
demonstrating compliance with the retention requirement of this section.
(D)
Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures
or premises being occupied or used in whole or in part for commercial activity as follows:
(1)
With the submission of an application for a business license for either a new business or a business that has
expanded the occupancy load of the principle structure, changed use, or created additional occupant loads
through other structures where permitting has been required by the city, a parking plan must be submitted
with the application for approval by the designated city official. If the plan represents significant changes in
parking, the plan may be determined to require site plan approval by the mayor and council.
Commercial Parking Requirements
Use Parking Requirement
Retail (free standing)1 space per 300 square feet of gross floor area
Shopping center 1 space per 400 square feet of gross floor area
Restaurants, bars, and similar
1 space per every 6 seats based on a maximum seating of 15 square feet
per person plus one space for every two employees. Maximum seating
capacity is calculated on entire seating area including outdoor seating.
Drive through business-no seating 1 space per employee, one space for customer waiting area, two spaces
per walk up window
Miniature golf 1 space per 2 holes
Hotel, motel
1 space per guest unit
1 space per managers unit
1 space per 2 employees per busiest shift
1 designated delivery/loading zone
Associated retail or restaurant/bar parking requirements shall be
calculated at 50% of requirement as listed elsewhere in this table
Recreational vehicle overnight hookups are prohibited
Grocery store 1 space for every 300 square feet of gross floor area
Office 1 space per 350 square feet of gross floor area
Assembly 1 space per 5 seats
Day care 1 space per employee plus 2 additional spaces
Beauty salon/barber shop 1 space per chair plus one space per every 2 employees
Public laundromat 1 space per 4 washing and/or drying machines plus 1 space per
employee
Auto repair/service center 3 spaces per repair bay
Dry cleaner 1 space per employee plus 2 additional spaces
Parking requirements for uses not listed shall be determined by the community development director by20171214AmendedCityCouncilPacket3Page 78 of 243 20171212/jrl
Parking requirements for uses not listed shall be determined by the community development director by
determining most similar use
These requirements will only be applicable to new development or redevelopment after January 12, 2017.
(2)
For all uses, a rack able to accommodate eight bicycles may be substituted for one required standard parking
space based on the schedule below. The calculation to meet the handicap parking requirement of subsection
(A) shall be based on the number of required parking spaces prior to any rack substitution.
Required Parking Spaces Number of Substitute
Racks Allowed
10 or fewer 1
11 — 49 2
50 or more 3
(3)
Maritime district.
a.
Parking shall be in conformance with the off-street requirements of the uses referenced in this section and the
required dimensions of section 3-090.
b.
Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for
recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per
crew member and one space per each four seats for charter passengers.
c.
All changes to parking in the maritime district that involve loading, unloading and transporting of boats will
require a parking plan submitted to the city detailing the turn radii of drive aisles.
(E)
Off-street parking dimensions.
Standard Aisle Width Parking Angle Traffic Direction
8 × 20 feet 12 feet Parallel One-way
8 × 20 feet 24 feet Parallel Two-way
9 × 18 feet 15 feet 45 degrees One-way
9 × 18 feet 18 feet 60 degrees One-way
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9 × 18 feet 24 feet 60 degrees Two-way
9 × 18 feet 22 feet 75 degrees One-way
9 × 18 feet 24 feet 90 degrees One-way or two-way
Low Speed Vehicles & Golf Carts
(without a charging station)Motorcycles & Scooters
6 × 11 feet 5 × 9 feet
Dimensions of angle parking spaces:
Angle Distance from curb Curb distance Offset
45 15 feet 12 feet, 7 inches 15 feet
60 16 feet 10 feet, 4 inches 9 feet
75 17 feet 9 feet, 4 inches 4 feet, 6 inches
90 18 feet 9 feet 0
(F)
Exemptions from off-street parking requirements.
(1)
Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district may expand
the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the
structure is completely located within 1,000 feet of a municipal parking lot.20171214AmendedCityCouncilPacket3 Page 80 of 243 20171212/jrl
structure is completely located within 1,000 feet of a municipal parking lot.
(2)
A structure whose primary use is a church or place of religious worship shall be exempt from all off-street
parking requirements.
(Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005;
Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord. No. 2004-10,
amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-1999; Ord. of 1-12-2006; Ord.
No. 13-2011, 4-14-2011; Ord. No. 04A-2013, 2-14-2013; Ord. No. 18-2013, § 1, 5-23-2013; Ord. No. 03-
2014, § 1, 1-9-2014; Ord. No. 28-2014, § 1, 4-10-2014; Ord. No. 13B-2014, § 1, 8-14-2014; Ord. No. 07-A-
2015, § 1, 4-23-2015 ; Ord. No. 02-2017 , § 1, 1-12-2017)
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting MINUTES November 13, 2017
Chair Bishop called the November 13, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were: Charles Matlock, Alan Robertson, David McNaughton, John King and Ron Bossick. Tina Gann was not present.
Comment and input Chair Bishop stated he had a discussion about the rezoning of parcel R-1 to RT 15 Meddin time on the minutes in the packet, he stated that there was a tremendous amount of discussion and redundancies at both Planning and City Council and he was concerned that two much time was wasted
on the subject, and he feels that the process with communication between planning commission and
what we decide and what is determined by council could have been better handled by Planning
Commission if it had been referred back to them. Commissioner Robertson stated that he thought the same thing and agrees with Chair Bishop and he also thinks there is a lot of waste of time, he stated that the applicant should have a complete packet before it comes before Planning Commission or we
should not review it. Mr. Shaw stated one of the issues since he has been here is both meetings are
advertised at the same time due to the compacted time frame between the two meetings so because of
that it has to go to City Council, so that is why the Planning Commission is unable to table an item.
Consideration of Minutes: Chair Bishop asked for consideration of the September 18, 2017 meeting
minutes. Commissioner Matlock made a motion to approve and Commissioner McNaughton
seconded, the vote to approve was unanimous.
Disclosures/Recusals:Chair Bishop asked if there were any disclosures or recusals. There were none.
Old Business: Chair Bishop asked if there was any old business for discussion. There was none.
New Business: Minor Subdivision: Subdivide one lot into two lots -38 Solomon Ave.–Zone R-1-B-Sharon H. Akers -4-0002-16-018.: Mr. Shaw approached the Commission and stated the petitioner would like to separate
their property and sell one lot. He also stated that the property meets all the requirements for the R1-B
zoning and staff recommends approval. Ms. Sharon Akers approached the Commission and stated she lives
at 38 Solomon Avenue and the one property has two houses, and they can no longer handle both so she would like to sell the piece of property with the older house on it. Commissioner McNaughton made a
motion to approve and Vice Chair Bossick seconded the vote to approve was unanimous.
Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation–37 Meddin Dr.
on North Beach–Zone R-1/North End Cultural Overlay–Maria Procopio–4-0001-03-013.: Mr. Shaw approached the commission and stated the Petitioner would like to move their existing facility from the
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fourteenth street parking lot to a larger facility in the north end of the north beach parking lot, he showed a
survey slide showing the parking they will be using and he estimated that they would need 25 parking spaces for this building and this will be a net gain for the island because they have no parking now. Mr.
Shaw also stated that he is sorry the drainage plan is missing and he did see one in all the documents but
was just not included in the package. He also stated that staff recommends approval. Commissioner
McNaughton asked if the design is final and how can parking be determined without a final design. Mr. Shaw stated as far as he knows it will stay the same foot print and he went by the foot print and square footage to get what he thought was the best equation for the space. Chair Bishop asked if the City Engineer
has looked at this drainage plan because he did not see an approval letter from the engineer in his packet.
Mr. Shaw stated that the engineer has not reviewed this drainage plan and that would be his fault. Chair
Bishop stated that he would deem this packet incomplete and is unable to act on it. Mr. Shaw agreed. Commissioner Bossick stated he thinks that this site will take some of the existing parking. Mr. Shaw stated he is correct and he did not catch that. He also stated there is an existing plan with the City to design
additional parking in that lot. Mr. Craig Clements and Mr. Anthony Cissell with Sottile & Sottile
Architects approached the Commission and explained how the facility will address parking and showed
slides of an over view of how they came up with the overall design and how every detail is being considered
in and around the building. Ms. Dottie Kluttz approached the Commission and stated she lives at 1 Officers Row on Tybee Island and she also stated that she would like to address her concerns about the busses and
where would they be parking and will the North Beach Parking lot loose spaces. City manager Shawn
Gillen approached the commission and stated he lives at 605 Second Avenue on Tybee Island, he stated that
he has a couple things he wanted to make sure City staff and the public were aware of. That the City is
engaged with Thomas and Hutton and the City Engineer with two separate parking studies on the south and north end of the Island for maximizing parking, improving pedestrians experiences and on the north end we
know there will be more parking and access needed. He also stated that the bus staging will be taken into
consideration. Commissioner Robertson asked that planning and zoning be included in the steps of those
context and plans. City manager Shawn Gillen stated he will make sure that happens. Commissioner Robertson made a motion to continue until the appropriate items are put in the packet, drainage and parking and Commissioner McNaughton seconded the vote to continue was unanimous.
Standing Agenda Item: MPIC – Update: Commissioner Robertson stated that he would like to
keep the Commission up to date on the Master Plan Implementation comity, and they met just before
this meeting and the consultants came in and gave history and contexts and let us know that they are making good progress. He also stated that the Coastal resource division of the DNR has awarded us
the coastal incentive grant that was requested, with some areas to adjust like zoning and the water
study. He also suggested that the MPIC come to the Planning Commission meeting in March or after
to get updates. The goal would be to get everything done by September 2018. Chair Bishop asked where drainage is considered in the master plan. Commissioner Robertson stated drainage and waste
water removal is included in the carrying capacity study so there are action steps that the Council
should consider undertaking, our role would be to condense and prioritize the tasks in the study and
master plan. He also asked if the City will in any way give a variance for more than 35 feet for those
houses that will be lifted under the Hazard Mitigation Grant. Mr. Shaw stated that would a two story house would be the only ones he would think that could go over 35 foot but he would think that would
be a low priority because they could gut the bottom and still have living space above. Also if it is pre
firm they are eligible to be lifted and would have to get a variance if they want to go over the 35foot.
Adjournment: Vice Chair Bosick made the motion to adjourn, Commissioner Robertson seconded and was unanimous, the meeting adjourned at 8:30pm.
Lisa L. Schaaf
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting AGENDA November 27, 2017 – 5:00 p.m.
For City Council Meeting December 14, 2017 – 7:00 p.m.
A. Call to order:
B. Old Business:
1. Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation–37 Meddin
Dr. on North Beach–Zone R-1/North End Cultural Overlay–Maria Procopio–4- 0001-03-013.
Adjournment:
Lisa L. Schaaf
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November 22, 2017
City of Tybee Island
Re: Project Name: Marine Science Center
Project Location: Beechwood Drive
Kern & Co., LLC Project No.: 120418
1) Due to the total drainage, impervious and impervious area(s) of the project being different, the
changes need to be noted in a new, revised or addendum to the existing drainage report. Based on
Chris's response in the afternoon call, I understand he believes a letter of clarification and, possibly, a
revised drainage area exhibit, to be attached to the existing, previously accepted hydrology report will
suffice. I do not disagree.
Letter provided
2) Chris is rechecking a few notes, such as the reference to County R.O.W.s on N-1. Such
discrepancies on plans are quite common, on my own plans and we both missed such items last time. Note N1 updated
3) Just my opinion on the M1 & M2 options that M2 is the most cost efficient. Even if you converted the parking area north of the North Beach Grill to bus parking as shown in M1, you'd still have 21
more standard parking spaces than in M1. The number of HCP'd spaces is the same in each.
M1 has been removed from the plans
4) Chad is adding the DNR line date to the plans as required and to allow easier connection in the
future to the DNR's approval letter. This will likely be by editing the notes on the left side of C-1 and
others.
The DNR statement has been updated on all the plans.
5) To support the revisions stated in #1, the Site data information in the lower left-hand corner of C-2
and other sheets should be updated.
The site data has been updated.
6) Chad advised that work outside of the newer and reduced project limits will be eliminated.
Modifications reflected on plans
7) The current GSWCC "Green Book" will be the basis for all E&S Control design. Outdated verbiage
and symbols will not be used. I did not find the "State Waters" note and I ask that is be in bold on the
plans. The state waters disclaimer has been updated on all the plans and in bold
8) On C-4 the limits of work conflicts with some existing vs. proposed grades. Chad advised that
lowering the top of the north proposed grate inlet should resolve this.
The grate inlet has be resolved adjusted the 9.00 top to 8.50 top.
9) Chad advised that the previous ISO Fire flow analysis, hose pull exhibits, etc... were still valid and
would be resent with such a statement. I am not requiring a new fire hydrant flow test for this
requirement. (Others may well need a newer one for other design considerations.)
Previous ISO analysis is adequate
10) Chad advised he was adding clarification to the proposed pavement sections for both the parking
areas similar to adjacent ones nearby and the handicapped parking areas. Additionally, he would
provide clarification of how this did not require the NPDES, CSS, etc... checklist for water quality or he
would provide it. I'll await his findings.
CSS statement and Calculations provided in attached letter
Should you have any questions or require additional information, please contact me.
Sincerely,
KERN & CO., LLC.
Chad Zittrouer P.E.,
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REVISIONS
INITIAL APPROVAL BY GOVERNING AGENCY DATE:
INDEX OF DRAWINGS:PROJECT SITE DATA:PROJECT PREPARED BY:VICINITY MAP:
SITE DETAILSDET-1
EXISTING CONDITIONS
C-2
C-1
MASTER PLANM-2
COVER SHEET
DEMOLITION PLAN
C-3
NOT FOR CONSTRUCTION
RELEASED FOR CONSTRUCTION
DATE: ______________ BY: ___________
AT
NOVEMBER 22, 2017
TYBEE ISLAND, GEORGIA
TYBEE NORTH BEACH PARKING LOT
PLANS OF
TYBEE ISLAND
STAKING PLAN
C-4
MASTER PLANM-1
KC PROJECT #: 120418
DATEREV NO.DESCRIPTION SHEETS
MARINE SCIENCE CENTER
PAVING, GRADING & DRAINAGE PLAN
C-5 UTILITY PLAN
SITE DATA:
PROJECT AREA:
AREA OF DISTURBANCE:
ZONING:
P.I.N.:
PROJECT ADDRESS:
PROJECT CITY:
DISTRICT NUMBER:
LOT NUMBER:
OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
LANDSCAPE PLANL-1
LANDSCAPE DETAILSL-2
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SCALE:
PROJECT NO:
DATE:
DRAWN BY:
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CONSTRUCTION DATE:
NO DATE REVSION
NOT FOR CONSTRUCTION
RELEASED FOR CONSTRUCTION
DATE: ______________ BY: ___________
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PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental ScientistN.T.S.
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SITE NOTES:
DEMOLITION NOTES:
ADA NOTES:
R E G I S TERE
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PROJECT AREA:
AREA OF DISTURBANCE:
ZONING:
P.I.N.:
PROJECT ADDRESS:
PROJECT CITY:
DISTRICT NUMBER:
LOT NUMBER:
OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
PARKING COUNT:
TOTAL PARKING PROVIDED: = 241 SPACES
6 H/C SPACES
4 H/C VAN ASSESSABLE
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
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CONSTRUCTION DATE:
NO DATE REVSION
NOT FOR CONSTRUCTION
RELEASED FOR CONSTRUCTION
DATE: ______________ BY: ___________
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STAMP:Wed, 22 Nov 2017 - 1:34pm gukuDRAWING PATH: J:\120418\dwg\SITE-11.14.17.dwgSCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 40'
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PROJECT AREA:
AREA OF DISTURBANCE:
ZONING:
P.I.N.:
PROJECT ADDRESS:
PROJECT CITY:
DISTRICT NUMBER:
LOT NUMBER:
OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
SCALE:
PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
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ORIGINAL RELEASED FOR
CONSTRUCTION DATE:
NO DATE REVSION
NOT FOR CONSTRUCTION
RELEASED FOR CONSTRUCTION
DATE: ______________ BY: ___________
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DATE:
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PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 20'
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PROJECT AREA:
AREA OF DISTURBANCE:
ZONING:
P.I.N.:
PROJECT ADDRESS:
PROJECT CITY:
DISTRICT NUMBER:
LOT NUMBER:
OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
SCALE:
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DATE:
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NOT FOR CONSTRUCTION
RELEASED FOR CONSTRUCTION
DATE: ______________ BY: ___________
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PROJECT NO:
DATE:
DRAWN BY:
CHECKED BY:
SHEET NO:
DRAWING TITLE:
STAMP:
STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 20'
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AREA OF DISTURBANCE:
ZONING:
P.I.N.:
PROJECT ADDRESS:
PROJECT CITY:
DISTRICT NUMBER:
LOT NUMBER:
OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
SCALE:
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DATE:
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OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
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DATE:
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STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 20'
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DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
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STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 40'
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UTILITY
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OWNER NAME:
CONTACT:
OWNER ADDRESS:
OWNER CITY:
TELEPHONE NO.:
DATE OF SURVEY:
GOVERNING AGENCY:
MARIA PROCOPIO
FORMER U.S. COAST GUARD
???
MARCH 26, 2009 (UPDATED OCTOBER 31, 2017)
P.O. BOX 1879
TYBEE ISLAND, GA 31328
912-786-8959
NORTH END CULTURAL OVERLAY DISTRICT
PTN OF 4-0001-13-008
TYBEE ISLAND, GA
TYBEE ISLAND MARINE SCIENCE CENTER
BEECHWOOD DRIVE
.55 AC
0.84 AC
CITY OF TYBEE
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STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental Scientist1" = 10'
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LANDSCAPE
PLAN
-TYBEE NORTH BEACH PARKING LOTATTYBEE ISLAND MARINE SCIENCE CENTERPLANS OFR E G ISTERE
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STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental ScientistN.T.S.
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LANDSCAPE
DETAILS
-TYBEE NORTH BEACH PARKING LOTATTYBEE ISLAND MARINE SCIENCE CENTERPLANS OFIRRIGATION NOTES
1. CONTRACTOR SHALL PROVIDE AN AUTOMATIC IRRIGATION SYSTEM FOR ALL
SEEDED AREAS, SODDED AREAS AND PLANTING MATERIAL. THIS SYSTEM SHALL
TIE INTO EXISTING IRRIGATION LINES IF PRESENT.
2. CONTRACTOR SHALL PROVIDE IRRIGATION DESIGN, ASSOCIATED AGENCY
APPROVALS, LABOR, MATERIALS, EQUIPMENT, AND SERVICES TO COMPLETE THE
IRRIGATION WORK. THE WORK SHALL INCLUDE, BUT IS NOT LIMITED TO:
2.1. VERIFICATION OF ALL UNDERGROUND UTILITY LOCATIONS.
2.2. COORDINATION OF IRRIGATION WORK WITH THE WORK OF ALL RELATED
TRADES AND SUBCONTRACTORS TO ASSURE SMOOTH PROGRESSION OF
PROJECT.
2.3. PROTECTION AND/OR RESTORATION OF ALL EXISTING IMPROVEMENTS.
2.4. TRENCHING AND BACK FILLING FOR ALL PIPES, VALVES, AND DRAIN PITS
SPECIFIED.
2.5. FURNISHING AND INSTALLING ALL MAIN LINES, LATERAL LINES, RISERS,
FITTINGS, SPRAY HEADS, ROTOR HEADS, QUICK-COUPLING VALVES, GATE
VALVES, CONTROL VALVES, CONTROLLERS, ELECTRIC WIRE, AND ALL
NECESSARY SPECIALTY ITEMS AND ACCESSORIES.
2.6. FURNISHING AND INSTALLING ALL SLEEVES BENEATH WALKWAYS, ROADS,
AND DRIVEWAYS WHERE REQUIRED.
2.7. REGULATING AND ADJUSTING ALL SPRAY HEADS, ROTOR HEADS, DRIP
LINES, TIME SEQUENCE CONTROL DEVICES, AND SECTION VALVES.
2.8. TESTING OF IRRIGATION SYSTEM.
2.9. PROVIDING A WARRANTY ON THE IRRIGATION SYSTEM FOR ONE (1) YEAR
AFTER ACCEPTANCE BY THE OWNER.
2.10. PROVIDING THAT WORK AND MATERIALS SHALL BE IN FULL ACCORDANCE
WITH THE LATEST RULES AND REGULATIONS OF STATE AND LOCAL
AGENCIES, INCLUDING LOCAL HEALTH CODES, PLUMBING CODES, AND
ELECTRICAL CODES.
3. CONTRACTOR SHALL PROVIDE THE FOLLOWING SUBMITTALS:
3.1. DIAGRAMMATIC PLANS OF IRRIGATION SYSTEM TO LANDSCAPE ARCHITECT
FOR INCLUSION IN AS-BUILT SET OF DRAWINGS.
3.2. PROPOSED IRRIGATION PLANS TO APPROPRIATE JURISDICTION FOR
APPROVAL IF REQUIRED, AND TO LANDSCAPE ARCHITECT FOR REVIEW
PRIOR TO INSTALLATION.
TREE PROTECTION NOTES
1. TREE PROTECTION DEVICES SHALL BE ERECTED PRIOR TO THE START OF
CONSTRUCTION.
2. ALL DESIGNATED TREE PROTECTION ZONES MUST BE PROTECTED FROM THE
SEDIMENTATION OF EROSION MATERIAL.
3. SILT FENCING SHALL BE PLACED ALONG THE OUTER UPHILL EDGE OF TREE
PROTECTION ZONES AT THE LAND DISTURBANCE INTERFACE.
4. SILT FENCING SHALL BE BACKED BY FOUR (4) FOOT CHAIN LINK FENCE IN AREAS
OF STEEP SLOPES.
5. NO CHANGE IN GRADE WITHIN THE TREE PROTECTION ZONE SHALL BE ALLOWED
AROUND EXISTING TREES EXCEPT FOR A MAXIMUM ADDITION OF TWO (2) INCHES
OF MULCH UNLESS APPROVED BY THE LANDSCAPE ARCHITECT.
6. TREES WITHIN A TREE PROTECTION ZONE SHALL NOT BE PRUNED OR REMOVED
WITHOUT PRIOR KNOWLEDGE AND CONSENT FROM THE LANDSCAPE
ARCHITECT.
7. ANY DAMAGE OR INJURY TO EXISTING OR PLANTED TREES SHALL BE REPORTED
IMMEDIATELY TO THE GENERAL CONTRACTOR, LANDSCAPE ARCHITECT, AND
OWNER.
PLANTING NOTES
GENERAL:
1. CONTRACTOR SHALL BE KNOWLEDGABLE OF ALL OTHER SITE IMPROVEMENTS
PRIOR TO STARTING LANDSCAPE WORK.
2. CONTRACTOR SHALL USE CAUTION WHILE EXCAVATING TO AVOID DISTURBING
ANY EXISTING UTILITIES. IF ANY ARE ENCOUNTERED, CONTRACTOR IS TO
PROMPTLY ADVISE THE GENERAL CONTRACTOR, LANDSCAPE ARCHITECT, AND
OWNER.
3. GENERAL SITE CONTRACTOR SHALL PROVIDE SUBGRADE TO WITHIN
110" OF
FINISH GRADE.
PLANT QUALITY:
4. CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALL TREES, SHRUBS,
GROUNDCOVER, VINES, AND SOD AS SHOWN ON LANDSCAPE PLAN. ALL PLANT
MATERIALS SHALL CONFORM TO THE STANDARDS SET FORTH IN THE CURRENT
EDITION OF "AMERICAN STANDARD FOR NURSERY STOCK", PUBLISHED BY THE
ASSOCIATION OF NURSERYMEN, 1250 I STREET, N.W. SUITE 500, WASHINGTON,
D.C. 20005, (202) 789-2900.
5.ALL PLANT MATERIAL SHALL HAVE A ONE-YEAR WARRANTY UPON
ACCEPTANCE BY THE OWNER.
6. PLANTS SHALL BE TYPICAL OF THEIR SPECIES AND VARIETY, AND HAVE A
NORMAL WELL-DEVELOPED BRANCHING STRUCTURE AND A VIGOROUS
FIBROUS ROOT SYSTEM. PLANTS SHALL BE HEALTHY, VIGOROUS, AND FREE
FROM INSECTS AND DISEASE. TREE TRUNKS SHALL BE STRAIGHT AND EXHIBIT
GOOD TRUNK TAPER WITH LIMBS NOT LOWER THAN FOUR FEET ABOVE THE
GROUND, DEPENDENT ON THE SPECIES. TRUNKS AND STEMS SHALL BE FIRM
WITH NO INDICATION OF FUNGAL CANKERS, GALLS, INSECT BORERS, DIE BACK,
FROST CRACKS, SUN SCALD, OR OTHER DEFECTS THAT WOULD CAUSE THE
TREE TO DECLINE OR BECOME STRUCTURALLY UNSOUND. TREES SHALL BE
DENSELY FOLIATED WHEN IN LEAF
7. ALL PLANTS SHALL BE COMMERCIALLY GROWN UNDER CLIMATIC CONDITIONS
SIMILAR TO THOSE OF CHATHAM COUNTY (A.H.S. PLANT ZONE 8).
8. ALL PLANTS SHALL EQUAL OR EXCEED THE MINIMUM SIZE AS SHOWN IN THE
PLANT LIST, AND ALL METHODS OF PLANT MEASUREMENT SHALL CONFORM TO
THE "AMERICAN STANDARD FOR NURSERY STOCK".
9. CALIPER OF MULTI-TRUNK TREES SHALL BE DETERMINED BY MEASURING THE
LARGEST TRUNK ONLY.
10. PLANTS SHALL BE SUBJECT TO INSPECTION FOR CONFORMITY TO
SPECIFICATIONS, REQUIREMENTS, AND APPROVAL BY THE PROJECT
LANDSCAPE ARCHITECT. SUCH APPROVAL SHALL NOT IMPAIR THE RIGHT OF
INSPECTION AND REJECTION DURING PROGRESS OF THE WORK. ACCEPTANCE
AT THE NURSERY, IN WHICH THE PLANT IS GROWING PRIOR TO
TRANSPLANTING, DOES NOT PRECLUDE REJECTION AT THE SITE FOR JUST
CAUSE.
ROOT SYSTEM:
11. ALL TREES SHALL BE BALLED AND BURLAPPED (B&B) OR CONTAINER GROWN.
NO BARE ROOT TREES SHALL BE ACCEPTABLE.
12. ALL SHRUBS SHALL BE BALLED AND BURLAPPED (B&B) OR CONTAINER GROWN.
NO BARE ROOT SHRUBS SHALL BE ACCEPTABLE.
13. THE MINIMUM SIZE OF BALLS, BALL DEPTHS, AND BALL DIAMETER SHALL
CONFORM TO BALLING AND BURLAPPING SPECIFICATIONS AS SET FORTH IN
THE "AMERICAN STANDARD FOR NURSERY STOCK".
14. ALL BALLED AND BURLAPPED PLANTS SHALL HAVE THE TOP
1
3 OF THE BURLAP
REMOVED FROM THE BALL AFTER THE POSITION OF THE PLANT IS STABILIZED.
NO BURLAP SHALL BE REMOVED FROM UNDER THE BALL , AND ALL WIRE AND
SURPLUS FROM THE TOP OF THE BALL SHALL BE REMOVED.
SEEDING & SODDING:
15. ALL EXTERIOR GROUND AREAS NOT OCCUPIED BY BUILDINGS, STRUCTURES,
PAVEMENT, PLANT MATERIAL, AND MULCH SHALL BE SEEDED OR SODDED IN AN
ACCEPTABLE MANNER IN ACCORDANCE WITH LOCAL NURSERY STANDARDS,
UNLESS OTHERWISE NOTED.
16. ALL SEED SHALL BE PURCHASED FROM A REPUTABLE SUPPLIER AND SHALL
BEAR THE CURRENT SEASON'S CERTIFICATES OF WEIGHT, PURITY AND
GERMINATION.
17. ALL SOD SHALL BE COMMERCIALLY GROWN IN GEORGIA OR NEIGHBORING
AREAS, STRONGLY ROOTED AND FREE FROM WEEDS.
18. ALL SOD SHALL BE LAYED WITHIN 48 HOURS AFTER BEING CUT AT THE
NURSERY.
19. SOD SHALL BE LAYED OUT SO THAT NO VOIDS OCCUR AND IN SUCH A MANNER
THAT THE END JOINTS BETWEEN INDIVIDUAL SOD PIECES OF ADJOINING ROWS
DO NOT COINCIDE. SOD SHALL BE LAID ON TOPSOIL AT THE REQUIRED FINISH
GRADE AND SHALL BE FLUSH WITH ADJACENT PAVEMENT, CURBS, AND
PLANTING BED EDGES.
TOPSOIL:
20. CONTRACTOR SHALL PROVIDE A MINIMUM 3" DEPTH OF TOPSOIL IN ALL
PLANTING AREAS.
21. ALL TOPSOIL SHALL BE FREE FROM ROCKS, DEBRIS, NOXIOUS WEEDS,
EXCESSIVE WEEDS, PLANT WASTE, SUBSOIL, HEAVY CLAY, ROOTS, STUMPS,
AND ANY OTHER MATERIAL HARMFUL TO PLANT GROWTH.
22. TOPSOIL SHALL BE A NATURAL, FERTILE, SANDY LOAM POSSESSING
CHARACTERISTICS COMMON TO PRODUCTIVE SOILS IN THE SOUTHEASTERN
COASTAL REGION, AND IT SHALL NOT CONTAIN ANY TOXIC SUBSTANCES.
PLANTING:
23. GROUNDCOVER SHALL BE PLANTED AS SPECIFIED BELOW:
23.1. GROUNDCOVER SHALL BE PLANTED IN AN EQUILATERAL TRIANGULAR
SPACING PATTERN AT THE ON-CENTER DISTANCES SHOWN ON THE PLANT
LIST.
23.2. WHERE GROUNDCOVER ABUTS CURBS, PAVEMENT, SIGNS AND POLES,
MINIMUM PLANTING DISTANCE SHALL BE 12" FROM CENTER OF PLANT TO
SAID OBJECT.
23.3. GROUNDCOVER SHALL BE PLANTED A MINIMUM OF 14" FROM CENTER OF
ALL TREES.
24. SHRUBS AND GRASSES SHALL BE PLANTED A MINIMUM OF 4' FROM THE CENTER
OF ALL LARGE TREES.
25. SHRUBS AND TREES SHALL BE PLANTED A MINIMUM OF 36" FROM CURBS AT
CAR PARKING AREAS TO ALLOW FOR OVERHANG UNLESS WHEEL STOPS ARE
PROVIDED.
26. NO LARGE OR MEDIUM TREE SPECIES SHALL BE PLANTED WITHIN TEN (10) FEET
OF ANY UNDERGROUND UTILITY LINE OR UNDERNEATH ANY OVERHEAD POWER
LINES. SMALL TREE SPECIES MUST MAINTAIN A MINIMUM FIVE (5) FOOT
SEPARATION FROM UNDERGROUND UTILITY LINES.
27. TREES SHALL BE PLANTED AT PROPER DEPTH OR SHALL BE REJECTED AT TIME
OF INSPECTION.
28. STAKE TREES ONLY WHEN NECESSARY.
FERTILIZER:
29. CONTRACTOR SHALL PERFORM A SOIL TEST ON ALL PROPOSED LANDSCAPE
AREAS BEFORE INSTALLING ANY PROPOSED PLANT MATERIAL.
30. IF A SOIL TEST DETERMINES THAT ADDITIONAL SOIL AMENDMENTS ARE
REQUIRED, CONTRACTOR SHALL APPLY AN APPROPRIATE FERTILIZER IN
CONFORMANCE WITH INSTRUCTIONS ON THE CONTAINER.
MULCH:
31. ALL TREES AND SHRUBS SHALL BE MULCHED IMMEDIATELY FOLLOWING
INSTALLATION WITH A MINIMUM 3" LAYER OF ACCEPTABLE MATERIAL.
32. ALL GROUNDCOVERS SHALL BE MULCHED IMMEDIATELY FOLLOWING
INSTALLATION WITH A MINIMUM 1" LAYER OF ACCEPTABLE MATERIAL.
33. ACCEPTABLE MULCHING MATERIAL INCLUDES PINE NEEDLES, SHREDDED BARK,
AND WOOD CHIPS.
WATERING:
34. ALL AREAS TO BE PLANTED, SEEDED, AND SODDED SHALL BE PROVIDED WITH
AN AUTOMATIC IRRIGATION SYSTEM.
35. ALL PLANTS INCLUDING TREES, SHRUBS, AND GROUNDCOVER SHALL BE
THOROUGHLY WATERED IMMEDIATELY FOLLOWING INSTALLATION.
36. ALL SEEDED AND SODDED AREAS SHALL BE THOROUGHLY WATERED
IMMEDIATELY FOLLOWING INSTALLATION.
MAINTENANCE:
37. CONTRACTOR SHALL INSPECT PLANTS ON A WEEKLY BASIS; MAINTAIN AND
WATER ALL SODDED AREAS AND PLANT MATERIALS; AND WEED, PRUNE, AND
RE-MULCH PLANTING BEDS AS NECESSARY TO MAINTIAN HEALTHY GROWING
CONDITIONS UNTIL LANDSCAPE INSTALLATION IS COMPLETE.
38. OWNER IS RESPONSIBLE FOR ON-GOING MAINTENANCE OF ALL PLANT
MATERIAL UPON COMPLETION OF LANDSCAPE INSTALLATION. .
39. GUYING AND STAKING SHALL BE REMOVED NO LATER THAN 6 MONTHS AFTER
INSTALLATION.
PLANT ALTERATIONS & SUBSTITUTIONS:
40. ANY CHANGE IN PLANT QUANTITY, PLANT SPECIES, PLANT SIZE, OR PLANT
LOCATION IS UNACCEPTABLE WITHOUT SPECIFIC APPROVAL OF THE PROJECT
LANDSCAPE ARCHITECT.
41. PROJECT LANDSCAPE ARCHITECT WILL ASSIST IN LOCATING PLANTS AS
NECESSARY.
R E G I STERE
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2" OR SMALLER WATER VALVE DETAILW-2
1" AND 2" WATER TAPPING SADDLEW-15
SANITARY SEWER CLEANOUTS-25
PRECAST CONCRETE WHEEL STOPP-21
GRAVEL PAVEMENTP-47
MONOLITHIC SIDEWALK DETAILP-16
HANDICAP PARKING
STALL STRIPING
P-34 TYPICAL HANDICAP SIGNP-36
DOUBLE CHECK VALVE ASSEMBLY
TYPICAL OUTSIDE INSTALLATION
(3/4" THROUGH 1-1/2" SIZES)
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STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental ScientistN.T.S.
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DETAILS
-TYBEE NORTH BEACH PARKING LOTATTYBEE ISLAND MARINE SCIENCE CENTERPLANS OFCONCRETE PAVEMENT
JOINT SEALER DETAIL
P-19
WATER METER INSTALLATION 2" SERVICE
PIPE AND 1-1/2" WATER METER
DOMESTIC
W-39
Sd1-A
2" VALVE & BOX W/
2" BLOW-OFFW-49
R E G I S TERE
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STAMP:7 Mall Court (31406) P.O. Box 15179 Savannah, Georgia 31416Phone: (912) 354-8400 Fax: (912) 356-1865 Email: info@kernengineering.comKern & Co., LLC.Consulting Engineers Land Surveyors Land PlannersArchitects Landscape Architects Environmental ScientistN.T.S.
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-TYBEE NORTH BEACH PARKING LOTATTYBEE ISLAND MARINE SCIENCE CENTERPLANS OFR E G I S TERE
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DAVIS ENGINEERING, INC.
PO Box 1663 Tybee Island, Georgia 31328
Tel. (912) 695-7262 dkdbus@gmail.com
November 27, 2017 George Shaw Director of Community Services City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Phone (912) 786-4573 Fax: (912) 786-9539 RE: Marine Science Center – North Beach
Dear Mr. Shaw:
I have reviewed the site design submittal for the above referenced project. My review is limited to
drainage issues and other land disturbing activities. I have not attempted to duplicate the work of the
Planning Commission or City staff with regard to setbacks, density or other zoning, tree protection or subdivision regulation issues. Within the scope of my design review, to the best of my knowledge and belief, it is my opinion that, the drainage design meets the requirements of the Land Development Code of the City of Tybee Island. Any recommendations do not relieve the project of the requirement to obtain any other required
permits, approvals, etc… by any other governmental body or authority having jurisdiction over any portion of this project.
Please contact me if you have any questions on this matter
Sincerely,
Downer K. Davis, Jr., P.E. President cc: Lisa Schaaf 2170310B
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting MINUTES
November 27, 2017
Chair Bishop called the November 27, 2017 Tybee Island Planning Commission meeting to order.
Commissioners present were: Charles Matlock, Alan Robertson, David McNaughton, John King
and Ron Bossick. Tina Gann was not present. Old Business: Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation–37 Meddin Dr.
on North Beach–Zone R-1/North End Cultural Overlay–Maria Procopio–4-0001-03-013.: Mr. Shaw approached the commission and stated at the last meeting the Commission pointed out that a few items were not included in the packet. The drainage plan with approval by the City Engineer, the landscape plan and a proposal for a parking plan to accommodate busses. He started with the parking plan and stated
that earlier this year the City hired RS&H to look at North Beach parking taking into account the Marine
science center and where some spaces could be gained including bus parking, this is also based on the City
acquiring the use of the triangle area on the map, he noted that plan is in their package. Chair Bishop asked if the busses will be allowed to idle. Mr. Shaw stated he does not think there is an ordinance against that
presently. Commissioner McNaughton stated he thought there was a discussion on that in the past, to keep
commercial vehicles from idling on Tybee. Mr. Shaw stated he would have to research that. Vice Chair
Bossick asked if City Council has seen this RS&H exhibit A. Mr. Shaw stated that it has not been formally
submitted to City Council but they have seen it at a workshop. Mr. Shaw also stated he was just shown by City Manager Shawn Gillen an ordinance for idling vehicles on Tybee. Commissioner Robertson asked if
the copy from Kern & Co. page M2 is the existing parking at north beach. Mr. Shaw stated that page M2 on
the Kern and Co. plans does show the existing parking and the RS&H does not have some of the existing
parking. Commissioner Robertson also stated that this would have to be a growing process to be watched
over time. Mr. Shaw stated the drainage plan and approval letter are in the packet and page C4 shows the drainage. Mr. Shaw also asked the commission to look at the landscaping plan, page L1, which shows the
plants that will be added. Chair Bishop asked if the site design submittal referenced in the Engineers letter
was for page C2 of the plans in front of them. Mr. Shaw stated yes that is for the plan in front of you, and if
you would like for the Engineer two reference the pages in the future for Commercial projects he could ask
him to do that. Chair Bishop stated that would be helpful. Mr. Bob Hunter of Fleetwood Ct. Tybee Island approached the commission and stated that he is very concerned about how this will impact the traffic
coming in and going off the Island in the North Beach area, because the traffic is already very congested at
certain times of the year. Commissioner Robertson stated that this an ongoing infrastructure plan that will
be addressed. Chair Bishop asked where something like traffic studies come into play with something of
this size that is new to the area. Mr. Shaw stated that it is a concern and the infrastructure committee is aware and will be planning for the best result. Commissioner Robertson stated that there is a process
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already in place for those traffic and parking issues. Mr. Zittrouer P.E. of Kern & Company approached
the commission and stated that the site plan has changed a little since the conditions have changed from 2012 to add a few parking places and other details. He also stated that the detention facility is a dry
detention facility which will dry down within a 24, 48 hour period. It is not intended to maintain a water
table. The roof drainage will be designed to get that water to the detention facility. Chair Bishop asked how
the drainage under the building will be mitigated. Mr. Zittrouer stated that the underneath will be higher
than the detention so that water will sheet flow naturally to the pond area. Commissioner Robertson made a motion to approve the site plan proposal and the parking variance of 15 spaces and Commissioner King
seconded, the vote to approve was unanimous.
Adjournment: Vice Chair Bossick made the motion to adjourn, Commissioner Robertson seconded
and was unanimous, the meeting adjourned at 6:30pm.
Lisa L. Schaaf
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City Council Agenda Item Request
Council Meeting Date for Request: December 14, 2017
Item: Alcohol Licenses and Entertainment Licenses ______
Explanation: _Information for consideration of alcohol and entertainment licenses for calendar year 2018 ALCOHOL AND ENTERTAINMENT LICENSE - 2018
BEER/WINE/LIQUOR – SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
• Agave Bar and Grill Ivet Perez Hernandez 402 First Street
• A – J’s Dockside Restaurant Jacqualand M. Burn 1315 Chatham Ave
• American Legion Post 154 George Walker 10 Veterans Drive
• Beachview Bed and Breakfast Inn, LLC Karen Kelly 1701 Butler Ave
• Benny’s Alvin B. Ward 1517 Butler Ave
• Bernie’s Tybee Island, Inc. Bernie A. Reyes 13 Tybrisa Street
• Bubba Gumbo’s Patrick Burns 4 Old Hwy 80
• Coco’s Sunset Grille Tracy M. McMahon 1-A Old Hwy 80
• 80 East Pub and Grill Anthony J. Baker 725B First Street
• Orriginal Rest Corp dba Jennifer R. Orr 1613 Strand Fannie’s on the Beach
• Huc-A-Poo’s Bites & Booze Eric Thomas 1213 Hwy 80
• Little Italy Tybee Inc. dba La Dolce Vita Heather Perez 1401 Strand
• The Stoned Mullet dba Anthony Debreceny 404 Butler Ave The Deck
• Nickie’s 1971 Roy Landrum 1513 Butler Ave
• North Beach Bar and Grill Kathryn Williams 33-A Meddin Dr
• RAW Industries Inc. dba Marshall G. Stevens III 18-C Tybrisa RAW Ingredients
• Bikini’s Inc. dba Rock House Joshua Navon 1518 Butler Ave
• Sting Ray’s Raymond J. Rogers Jr. 1403 Butler Ave
• Sweet Dreams Pavilion A. Todd Morrison Pier/Pavilion (Same Business**Change of Ownership)
• The Quarter Sports Bar Wayne T. Barlow 604 First Street
• Tybee Sand Bar INC dba The Sand Bar Jennifer Knox 1512 Butler Ave
• Tybee Time Inc. dba Tybee Time Bar Steven Kellam 1603 Strand Ave
• Wind Rose Café Mary Klein 19 Tybrisa St
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City Council Agenda Item Request (continued)
ALCOHOL AND ENTERTAINMENT LICENSE – 2018
BEER/WINE/LIQUOR – SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY
• MacElwee’s Seafood Lynn Zeigler 101 Lovell Ave
• Spanky’s Beachside John Yarbrough 1605 Strand
• Tybee Island Fish Camp Kurtis Schumm 106 S. Campbell Ave
• Tybee Island Wet Willie’s William Dickinson 16-B Tybrisa
• Tybee Supper Club Michael Scarbrough 35 Meddin Drive
BEER/WINE – SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT • GPSBBQ.COM dba Gerald’s Pig & Shrimp Gerald L. Schantz 1115 HWY 80
• Lighthouse Pizza, Inc. dba Richard Hammons 15 Tybrisa Street
Lighthouse Pizza North
• Tybee Arts Association Kim Trammel 7 Cedarwood Drive
• Tybee Island Historical Society, Inc. Sarah Jones 30 Meddin Drive
• Tybee Restaurant Group, Inc. Bethany Kellam 33 Meddin Drive (New Business) dba The Salty Pelican
• Friends of Tybee Theater dba James Kluttz 10 Van Horne Ave
Tybee Post Theater
BEER/WINE – SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY
• Lighthouse Pizza, Inc. Richard Hammons 15 Tybrisa Street
dba Lighthouse Pizza
BEER/WINE/LIQUOR, SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT WINE-PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED
• Tybee Island Social Club Kurtis Schumm 1311 Butler Ave
BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY
• Sundae Café Anthony J. Baker 30-A First Street
BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
• Tybee Time Inc. dba Doc’s Bar On Tybee Steven Kellam 10 Tybrisa St
BEER/WINE/LIQUOR – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTIION ON PREMISES PROHIBITED • Dizzy Dean’s Discount Liquor A. Todd Morrison 1516 Butler Ave(Same Business*Change of Ownership)
• XYZ Liquors Terese M. Jung 302 First Street
BEER/WINE – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED
• Chu’s Convenience Mart Richard Frederick Pruden 725 First Street
• Chu’s Convenience Mart #101 Mola Chu Jung 306 First Street
• Chu’s Convenience Mart #102 Mola Chu Jung 1603 Inlet Ave
• Jaydeep LLC dba Shell Food Mart Rajesh Patel 1315 Butler Ave
• Tybee Market Inc. Michael J. Hosti 1111 Butler Ave
ENTERTAINMENT ONLY • Tybee Wedding Chapel LLC Stacye C. Jarrell 1114 HWY 80
Submitted by: Sharon Shaver Phone / Email: 912 472-5072 / sshaver@cityoftybee.org
Date given to Clerk of Council : 12/11/2017
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CITY OF TYBEE ISLAND CITY ENGINEER
SERVICES CONTRACT
CONTRACT NO. “City Engineer”
This AGREEMENT is dated _____________________ between the Owner, City of Tybee Island, Georgia, having its principal office at 403 Butler Street, Tybee Island, GA 31328 and THOMAS & HUTTON ENGINEERING CO. having its principal office at 50 Park of Commerce Way, Savannah,
GA 31405 (“CONSULTANT”). ARTICLE 1. SCOPE OF WORK: During the continuance of this agreement, CONSULTANT agrees to provide supervision, labor, and equipment and tools to perform civil engineering, planning, and surveying consulting. For all work for which a scope can be developed, CONSULTANT will provide CITY OF TYBEE ISLAND with an Addendum for services needed to complete the work. After acceptance by CITY OF TYBEE ISLAND, the Addendum will be incorporated into Contract No. CITY OF TYBEE ISLAND MASTER SERVICES CONTRACT “City Engineer.”
ARTICLE 2. GENERAL PROVISIONS:
PAYMENT FOR SERVICES For services rendered, OWNER shall pay CONSULTANT as outlined in the Letter Agreement for Services. Payment for services on the basis of "Time & Expense" shall be paid in accordance with the schedule of charges attached hereto.
Project related costs for printing, reproductions, materials, and travel will be billed as
reimbursable expenses.
Projects will be billed monthly or at the completion of the work, whichever comes sooner, with payment due upon receipt. Payment shall be considered overdue after forty–five (45) days from date of invoice, with interest charged at a monthly rate of 1.5 percent (18 percent annual rate). CONSULTANT reserves the right to suspend work hereunder or any other work to be performed by CONSULTANT for OWNER or any of its affiliates under a separate agreement or agreements with CONSULTANT in the event of delinquent payment by
OWNER to CONSULTANT hereunder or in the event of delinquent payment by OWNER or
its affiliates to CONSULTANT under a separate agreement or agreements. For all purposes
hereof, affiliate shall mean (i) in the case of an individual, any relative of any person
listed among the following, (ii) any officer, director, trustee, partner, manager, employee or holder of 5 percent or more of any class of the voting securities of or equity interest in the OWNER; (iii) any corporation, partnership, limited liability company, trust or other entity controlling, controlled by or under common control with the OWNER; or (iv) any officer, director, trustee, partner, manager, employee or holder of 5 percent or more of the outstanding voting securities of any corporation, partnership, limited liability company, trust or other entity controlling, controlled by, or under common control with the OWNER.
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In the event legal action is necessary to enforce the payment terms of this Agreement,
the CONSULTANT shall be entitled to collect from the OWNER any judgment or settlement
sums due, plus reasonable attorneys' fees, court costs and other expenses incurred by the
CONSULTANT for such collection action and, in addition, the reasonable value of the CONSULTANT's time and expenses spent for such collection action, computed according to the CONSULTANT's prevailing fee schedule and expense policies. PERIODS OF SERVICE
After receipt of this fully executed contract and subsequent Addenda from CITY OF
TYBEE ISLAND, Consultant will perform described services as outlined in Addenda.
ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by the CONSULTANT as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. OWNER'S RESPONSIBILITIES
A. Access Owner shall make provisions for the Consultant to enter its lands as required to perform such work as surveys and inspections in development of the property. B. Owner's Representative
The Owner shall designate in writing one person to act as Owner's Representative with respect to the work to be performed under this Contract. This Representative shall have complete authority to transmit instructions, receive information, interpret, and define Owner's policy and decisions, with respect to the product, materials, equipment, elements, and systems pertinent to the work covered by this Contract. C. Fees
The Owner is responsible for payment of fees associated with the project. Such
fees include permit review and application fees, impact fees, and capacity fees. The Consultant will notify the Owner regarding the amount of fees and timing of payment. CONSULTANT'S RESPONSIBILITIES In providing services under this Agreement, the CONSULTANT shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances at the same time and in the
same or similar locality. No other representation, expressed or implied, and no warranty
or guarantee is included or intended in the Agreement, or in any report, opinion,
document, or otherwise. The professional services performed under this Contract, as defined in the scope in subsequent addenda, shall be consistent with sound engineering and surveying
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practices, and shall incorporate federal, state, and local regulations and standards that
are applicable at the time the Consultant rendered his services.
INSURANCE Contractor shall procure and maintain, at its sole cost and expense, the following insurance coverage: 1. Workers’ Compensation: Coverage A. Statutory Benefits
Coverage B. Employers’ Liability limits of not less than:
Bodily Injury by accident $500,000 each accident
Bodily Injury by disease $500,000 policy limit Bodily Injury by disease $500,000 each employee Coverage does not include a waiver of subrogation endorsement. 2. Commercial Auto Coverage:
Automobile Liability coverage of not less than $1,000,000 combined single limit, each accident, covering all owned, hired and non–owned autos. 3. Commercial General Liability:
Commercial General Liability coverage of not less than:
Each Occurrence Limit $1,000,000 Personal Advertising Injury Limit $1,000,000 Products/Completed Operations Aggregate Limit $2,000,000 General Aggregate Limit $2,000,000 (other than Products/Completed Operations) Policy notes: a) Consultant agrees to notify the client of changes to coverage limits.
b) Additional Insured Endorsement are not given.
c) Coverage shall be on a Claims Made basis.
4. Professional Liability: Professional Liability coverage of: Each Occurrence/Aggregate Limit $1,000,000 MISCELLANEOUS
A. Ownership of Instruments of Service All reports, drawings, specifications, computer files, electronic files, BIM models, field data, notes and other documents and instruments prepared by CONSULTANT as instruments of service shall remain the property of the
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CONSULTANT. The CONSULTANT shall retain all common law, statutory, and other
reserved rights, including, without limitation, the copyrights thereto. The
CONSULTANT shall retain these records for a period of two (2) years following their
completion during which period paper copies will be made available to the Project OWNER at reasonable times. B. Opinions of Probable Costs Since the CONSULTANT has no control over the cost of labor, materials, or
equipment, or over the Contractor's methods of determining prices, or over
competitive bidding or market conditions, his opinions of probable construction
costs provided for herein are to be made on the basis of his experience and
qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the CONSULTANT cannot and does not guarantee that proposals, bids, or the construction cost will not vary from opinions of probable construction costs prepared by him. C. Electronic Files
In accepting and utilizing any drawings, reports and data on any form of
electronic media generated and furnished by the CONSULTANT, the OWNER agrees that all such electronic files are instruments of service of the CONSULTANT, who shall be deemed the author, and shall retain all common law, statutory law and other rights, without limitation, including copyrights. The OWNER agrees not to reuse these electronic files, in whole or in part, for any purpose other than for the Project. The OWNER agrees not to transfer these electronic files to others without the prior written consent of the CONSULTANT. The
OWNER further agrees to waive all claims against the CONSULTANT resulting in
any way from any unauthorized changes to or reuse of the electronic files for any
other project by anyone other than the CONSULTANT.
The OWNER is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the CONSULTANT and electronic files, the signed or sealed hard-copy construction documents shall govern. In addition, the OWNER agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, directors, employees
and subconsultants (collectively, CONSULTANT) against all damages, liabilities or
costs, including reasonable attorneys' fees and defense costs, arising from any
changes made by anyone other than the CONSULTANT or from any reuse of the
electronic files without the prior written consent of the CONSULTANT.
Under no circumstances shall delivery of electronic files for use by the OWNER be deemed a sale by the CONSULTANT, and the CONSULTANT makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the CONSULTANT be liable for indirect or consequential damages as a result of the OWNER's use or reuse of the electronic files. D. Certifications, Guarantees, and Warranties
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The CONSULTANT shall not be required to sign any documents, no matter by
whom requested, that would result in the CONSULTANT's having to certify, guarantee or warrant the existence of conditions whose existence the CONSULTANT cannot ascertain or any way might, in the sole judgment of the CONSULTANT, increase the CONSULTANT's contractual or legal obligations or risks, or adversely affect the availability or cost of its professional or general liability insurance. The OWNER also agrees not to make resolution of any dispute with the CONSULTANT or payment of any amount due to the CONSULTANT in any way contingent upon the CONSULTANT's signing any such certification. E. Accessibility The OWNER acknowledges that the requirements of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and other federal, state and local accessibility laws, rules, codes, ordinances and regulations will be subject to various and possibly contradictory interpretations. The CONSULTANT, therefore, will use its reasonable professional efforts and judgment to interpret applicable accessibility requirements in effect as of the date of [the execution of this Agreement, submission to building authorities, or other appropriate date] and as
they apply to the Project. The CONSULTANT, however, cannot and does not
warrant or guarantee that the OWNER's Project will comply with all interpretations
of the accessibility requirements and/or the requirements of other federal, state,
and local laws, rules, codes, ordinances, and regulations as they apply to the Project. Any changes in the applicable law or contrary interpretations of existing law subsequent to the issues of permits which requires CONSULTANT to perform redesign will be considered an additional service. F. Substitutions
Upon the written request or direction of OWNER, CONSULTANT shall evaluate and advise OWNER with respect to proposed or requested changes in materials, products, or equipment. CONSULTANT shall be entitled to rely on the accuracy and completeness of the information provided in conjunction with the requested substitution. CONSULTANT shall not be responsible for errors, omissions, or inconsistencies in information by others or in any way resulting from incorporating such substitution into the Project. OWNER shall be invoiced for this service on a Time & Expense basis unless both parties mutually agree on a lump sum fee. G. Betterment
If, due to the CONSULTANT's negligence, a required item or component of the Project is omitted from the CONSULTANT's construction documents, the CONSULTANT shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the CONSULTANT be responsible for any cost or expense that provides betterment, upgrades, or enhances the value of the Project. H. Changed Conditions If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the CONSULTANT are revealed, to the
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extent that they affect the scope of services, compensation, schedule, allocation
of risks or other material terms of this Agreement, the CONSULTANT may call for
renegotiation of appropriate portions of this Agreement. The CONSULTANT shall
notify the OWNER of the changed conditions necessitating renegotiation, and the CONSULTANT and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement in accordance with the Termination provision hereof. I. Code Compliance
The CONSULTANT shall exercise usual and customary professional care in its efforts
to comply with applicable laws, codes and regulations in effect as of the date of this agreement was written. Design changes made necessary by newly enacted laws, codes and regulations after this date shall entitle the CONSULTANT to a reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services provisions of this Agreement. In the event of a conflict between laws, codes and regulations of various governmental entities having jurisdiction over this Project, the CONSULTANT shall notify the OWNER of the nature and impact of such conflict. The OWNER agrees
to cooperate and work with the CONSULTANT in an effort to resolve this conflict.
J. Delegated Design Where any design services are provided by persons or entities not under CONSULTANT's direct control, CONSULTANT's role shall be limited to its evaluation of the general conformance with the design intent and the interface with CONSULTANT's design and portion of the project. Except to the extent, it is actually aware of a deficiency, error, or omission in such design by others,
CONSULTANT shall have no responsibility for such design and may rely upon its
adequacy, accuracy, and completeness in all respects.
K. Limits of Liability Services to be performed by the Consultant under this Contract are intended solely for the benefit of the Owner. Nothing contained herein shall confer any rights upon or create any duties on the part of the Consultant toward any person or persons not a party to this Contract including, but not limited to, any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or
sureties of any of them.
L. Acts of Others The CONSULTANT shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). CONSULTANT
shall not be responsible for the failure of Contractor(s) to perform the work in
accordance with the Contract Documents.
The CONSULTANT shall not be responsible for the acts or omissions of any Contractor, or sub–contractor, or any of the Contractor(s)', or sub–contractors' agents, or employees or any other persons (except CONSULTANT's own employees and agents) at the site or otherwise performing any of the
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Contractor(s)' work. However, nothing contained herein shall be construed to
release CONSULTANT from liability for failure to perform properly the duties
undertaken by CONSULTANT in the Contract Documents.
The CONSULTANT shall not be responsible for the acts, omissions, means, methods, or specifications of other design professionals not directly retained by CONSULTANT. Unless specifically stated otherwise within individual project scopes (i.e. where structural services for a building are required), the CONSULTANT’s work and responsibility under this Contract terminates at the building pad or within five (5) feet of the building, whichever is greater, for any proposed building shown on the plans. The OWNER/Architect/Contractor is responsible for compliance with
codes, regulations, manufacturer specifications, and construction methods
related to the building structure. In no circumstance is the CONSULTANT
responsible for any portion of the building, especially as it relates to moisture or
mold.
M. Time Bar to Legal Action All legal actions by either party against the other arising out of or in any way connected with this Agreement or the services to be performed hereunder shall be barred and under no circumstances shall any such legal action be initiated by
either party after five (5)eight (8) years from the date of Substantial Completion,
unless this Agreement shall be terminated earlier, in which case the date of
termination of this Agreement shall be the date on which such period shall
commence. Nothing in this Agreement is construed to waive any protections granted under existing laws of the state in which the work is performed. N. Indemnification The CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and
hold harmless the OWNER, its officers, directors and employees (collectively,
OWNER) against all damages, liabilities or costs, including reasonable attorneys'
fees and defense costs, to the extent caused by the CONSULTANT's negligent
performance of professional services under this Agreement and that of its subconsultants or anyone for whom the CONSULTANT is legally liable. The OWNER agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, directors, employees and subconsultants (collectively, CONSULTANT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the
OWNER's negligent acts in connection with the Project and the acts of its
contractors, subcontractors or consultants or anyone for whom the OWNER is
legally liable. Neither the OWNER nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others O.N. Consequential Damages Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or
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consequential damages arising out of or connected in any way to the Project or
to this Agreement. This mutual waiver of consequential damages shall include,
but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of
reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the OWNER and the CONSULTANT shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. P.O. Value Engineering (If) OWNER has elected to engage in value engineering of the Project, OWNER has established cost as a primary project objective over other programming,
performance, and aesthetic objectives and recognizes that in doing so, it has
limited the available design and product options. These limitations may impact
the overall project cost, schedule, and performance. OWNER has accepted
these risks and impacts in recognition of the importance it has placed on project cost. Q.P. Jobsite Safety Neither the professional activities of the CONSULTANT, nor the presence of the
CONSULTANT or its employees and subconsultants at a construction/project site,
shall impose any duty on the CONSULTANT, nor relieve the General Contractor of
its obligations, duties and responsibilities including, but not limited to, construction
means, methods, sequence, techniques or procedures necessary for performing,
superintending and coordinating the Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. The CONSULTANT and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The OWNER agrees that the General Contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the OWNER's contract with the General Contractor. The OWNER also agrees that the General Contractor shall
defend and indemnify the OWNER, the CONSULTANT and the CONSULTANT's
subconsultants. The OWNER also agrees that the OWNER, the CONSULTANT and
the CONSULTANT's subconsultants shall be made additional insureds under the
General Contractor's policies of general liability insurance. R.Q. Hazardous Material Both parties acknowledge that the CONSULTANT's scope of services does not include any services related to the presence of any hazardous or toxic materials and/or mold. In the event the CONSULTANT or any other person or entity involved
in the project encounters any hazardous or toxic materials and/or mold, or should
it become known to the CONSULTANT that such materials may be present on or
about the jobsite or any adjacent areas that may affect the performance of the
CONSULTANT's services, the CONSULTANT may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the OWNER retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations.
Formatted: Font: Bold
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S. Applications for Permits and Certificates Requested on Behalf of OWNER The OWNER shall indemnify and hold the CONSULTANT harmless from and against any and all judgments, losses, damages, and expenses (including attorney fees
and defense costs) arising from or related to claims by third parties to challenge
the issuance of permits or certificates for the Project by agencies with jurisdiction
in the premises. Defense costs shall include the time and expenses of the
CONSULTANT’s personnel to assist in the defense of the issuance of the permit or certificate. T.R. Dispute Resolution
Any dispute or claim arising out of or relating to this Agreement shall be determined as follows: CONSULTANT and OWNER will negotiate in good faith to reach agreement. If negotiations are unsuccessful, CONSULTANT and OWNER agree the dispute shall be settled by mediation. In the event the dispute or any issues remain unresolved after the above steps, the disagreement shall be decided by such remedies of law as they are available to the parties. The appointment of a mediator and location will be subject to agreement between CONSULTANT and OWNER with each party being responsible for their portion of
those costs.
U.S. Termination In the event of termination of this Agreement by either party, the OWNER shall within fifteen (15) calendar days of termination pay the CONSULTANT for all services rendered and all reimbursable costs incurred by the CONSULTANT up to
the date of termination, in accordance with the payment provisions of this
Agreement.
Either party may terminate this Agreement for the convenience and without
cause upon giving the other party not less than fifteen (15) calendar days' written notice. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar day’s written notice for any of the following reasons: • Substantial failure by the other party to perform in accordance with the terms
of this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
• Suspension of the Project or the CONSULTANT's services by the OWNER for more than ninety (90) calendar days, consecutive or in the aggregate;
• Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. In the event of any termination that is not the fault of the CONSULTANT, the OWNER shall pay the CONSULTANT, in addition to payment for services rendered
and reimbursable costs incurred, for all expenses reasonably incurred by the
CONSULTANT in connection with the orderly termination of this Agreement,
Formatted: Underline
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including but not limited to demobilization, reassignment of personnel, associated
overhead costs and all other expenses directly resulting from the termination. V.T. Abandoned or Suspended Work
If any work performed by the Consultant is abandoned or suspended in whole or
in part by the Owner, other than for default by the Consultant, the Consultant
shall be paid for services performed prior to receipt of a written notice from the
Owner of such abandonment or suspension in an amount equal to work performed as of the date of abandonment or suspension. W.U. Additional Services of Consultant If authorized by Owner in writing, Consultant shall furnish or obtain from others,
Additional Services of the following types that are not considered normal or
customary Basic Services.
1. Revising previously accepted studies, reports, design documents, or Contract Documents when such revisions are due to causes beyond Consultant's control. 2. Furnish the services of special consultant for other than the civil or structural engineering defined in the scope of services. Special services include services such as mechanical or electrical engineering, geotechnical exploration, underwater investigation, laboratory testing, and inspections of samples, materials, and equipment.
3. Preparing to serve or serving as a consultant or witness for Owner in any
litigation, public hearing, or other legal or administrative proceeding
involving the project. 4. Defending the issuance of any permit or certificate for the project. Services for the defense against third party actions opposing or appealing the issuance of any permit or certificate for the Project will commence with receipt of notification of the action. 5. Defending submittal Engineering Reviews on behalf of the City of Tybee Island.
5. Services after completion of the Construction Phase, such as inspections
during any equipment, material, or construction guarantee period and
reporting observed discrepancies under guarantees called for in any contract for the project. 6. If requested by Owner and agreed to in writing, a Resident Project Representative will be furnished and will act as directed by Consultant in order to assist in observing performance of the work of Contractor(s). Through more extensive on–site observations of the work in progress by the Resident Project Representative, Consultant shall endeavor to provide
further protection for the Owner against defects and deficiencies in the
work of Contractor(s). However, the furnishing of such representation will
not make Consultant responsible for construction means, methods,
techniques, sequences, procedures, or for safety precautions or programs,
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or for Contractor(s), failure to perform their work in accordance with the
Contract Documents. X.V. Amendment
This Contract for Services can be amended by addenda if agreed to in writing
and signed by both parties. Consultant personnel up to Group Leader level are
authorized to execute Addenda in an amount of no greater than $150,000 per
Addenda. Amounts greater require officer of the company co–signature. APPROVED: APPROVED: THOMAS & HUTTON ENGINEERING CO. CITY OF TYBEE ISLAND, GEORGIA
By: By: A. Christopher Stovall, P.E. Honorable Jason Buelterman Title: Principal Title: Mayor–City of Tybee Island
Date: Date:
By: Benny K. Jones, Jr., P.E. Title: Senior Vice President/COO Date:
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Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 1
Web Services – Hosted Application Agreement
This Web Services – Hosted Application Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to license the software products and perform the services set forth in
the Investment Summary and Tyler desires to perform such actions under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
Tyler will provide you with the hosted applications indicated in the Investment Summary of your Web
Services and Hosted Application Agreement. The terms and conditions contained in this document only
apply to our provision of those applications.
SECTION A – DEFINITIONS
“Agreement” means this Web Services and Hosted Application Agreement.
“Client” means City of Tybee Island, GA.
“Data” means your data necessary to utilize the Tyler Software.
“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then‐current Documentation.
“Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self‐help documentation.
“Effective Date” means the date on which the last party signs the Agreement.
“Investment Summary” means the agreed upon cost proposal for the products and services
attached as Exhibit A.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation.
“Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary or
otherwise licensed by us to you.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
SECTION B – HOSTED APPLICATION SERVICES
1. Hosted Applications. We will provide you with any of the following hosted applications as indicated in
the Investment Summary.
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Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 2
1.1. Web Services: Our Web Services are designed to enable you to easily establish a presence on
the Internet. Our Web Hosting and Design is composed of our Web Hosting and Design
Publishing Component and other miscellaneous components. These components may be used
independently or in conjunction with each other.
1.2. Business License On‐Line: Our Business License On‐Line Component allows you to make available
certain information from your business license system to citizens with Internet access. This
information is posted to your web site, which is hosted on our web server. With the proper
security clearance, citizens with Internet access have access to the data which can include:
business license status, business license renewal and the opportunity to pay their business license
over the Internet using a credit card.
SECTION C – TERM AND TERMINATION
1. Term. Client must return an executed copy of this Agreement to Tyler within 90 days from the issue
date. Thereafter, the Agreement will be voided and is subject to change. Subject to the limitations of
this Section C(1), and unless otherwise provided for in this Agreement, the term of this Agreement
shall commence as of the effective date and shall continue for three (3) years. The term shall
thereafter be automatically extended in separate consecutive periods of twelve (12) months duration
unless either party gives written notice to terminate. Notice to terminate must provide at least sixty
(60) day notice of said intent. In the event that the Client fails to pay any amount payable to Tyler
hereunder, when due, or fails to comply with any other provision of this Agreement, Tyler may
terminate the Client’s rights by written notice to that effect to the Client. Tyler may, by written notice
to the Client, terminate its obligations under this Agreement in the event that Tyler, for whatever
reason, ceases to host Client’s Web Site. A termination of the Client’s rights under this Agreement
shall not terminate any of the parties’ rights under this Agreement to receive or hold amounts
rightfully owing to the respective party pursuant to the terms of this Agreement or to enforce the
intellectual and proprietary rights in the Tyler concept, web site, Tyler Software, and technology. Upon
termination or non‐renewal of this agreement, the parties shall each promptly account for all due but
unpaid amounts hereunder. If Client wishes to terminate before the stated term expires, Client must
give sixty (60) days written notice in order not to incur termination costs of $425.00. Please also see
section entitled “TERMINATION” in this Agreement.
SECTION D – GENERAL TERMS AND CONDITIONS
1. Nature of Website. We shall maintain a website for you, allowing a user to access relevant data
provided by you. This data may include information from your Tyler Software system. This website
will be capable of accepting payments via Secured Socket Layer (SSL) encryption and credit card or
debit card charge.
2. Data Procurement. Tyler must host the components and services listed in the Investment Summary of
this Agreement. The Client will be required to setup a merchant account with Electronic Transaction
System Corporation or authorized.net for the sole use of Tyler Web Service transactions. The
merchant account must be setup to fund to the Client bank account. All fees for the merchant account
will be paid by Client.
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Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 3
Client will be required to install and run Tyler Web Services in order for the Tyler On‐Line application
to access and transfer the necessary data from the Client’s primary software system, to Tyler’s web
server. The transfer will occur on a real time basis. Additionally, certain information, such as
payment information, must be conveyed to Client. Tyler will assume responsibility for transferring
such information back to Client on a regular basis. Tyler Web Services requires a dedicated IP
address. Assignment of dedicated IP address is the sole responsibility of the Client.
3. Limited License. Client agrees that Tyler possesses exclusive title to and ownership of the Tyler
Software.
a. Client agrees that Client acquires neither ownership nor any other interest in the Tyler Software,
except for the right to use and possess the Tyler Software in accordance with the terms and
conditions of this Agreement and subject to the terms under which the Tyler Software was
originally licensed to you.
b. All rights not expressly granted to Client in this Agreement are retained by Tyler.
c. Client agrees that Tyler Software including, but not limited to, systems designs, programs in
source and/or object code format, applications, techniques, ideas, and/or know‐how utilized
and/or developed by Tyler are and shall remain the exclusive property of Tyler. Client agrees that
the Tyler Software consists of Tyler's trade secrets. Tyler shall retain all copyrights in the Tyler
Software, whether published or unpublished.
d. Tyler agrees that all data provided to Tyler for the purposes of generating the web site shall
remain the property of Client. Should Client terminate the Internet Services in good standing and
in accordance with the termination provisions of this Agreement, Tyler agrees to return to Client,
all graphics, text documents, and data files provided by Client and held by Tyler.
4. Ownership of Data. All data you provide to us for the purposes of generating the website shall remain
your property. Should you terminate your subscription, we shall return to you any such data in our
possession.
5. Client Membership Fees. For establishing new Tyler Web Services, the Client shall pay to Tyler the
amounts as stated in the Investment Summary.
6. Fees. You agree to pay the initial fee and annual subscription fees as stated in the Investment Summary,
upon availability. We may increase the per‐transaction fee for online payment no more than once per
year with sixty (60) days prior written notice.
7. Not Assignable. The rights of the Client under this Agreement are not assignable without the prior
written consent of Tyler. Any attempt to sublicense, assign, encumber or transfer any of the rights,
duties or obligations under this Agreement by the Client is void. Subject to the foregoing, this
Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective permitted assigns and successors.
8. Software Maintenance. This Agreement includes unlimited telephone support, support by
communication modem, and all software upgrades, enhancements and new releases. Tyler reserves
the right to change the functionality of future releases of its software and Client understands that
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Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 4
Tyler is not obligated to include specific functionality in future releases unless provided for herein.
9. Partial Invalidity. Should any provision or clause of this Agreement be held to be invalid, such
invalidity shall not affect any other provision or clause hereof, which can be given effect without
such invalid provision or clause.
10. Responsibility of Data. Tyler will assume responsibility for all data transfer but is not responsible for
data accuracy.
11. Site Requirements.
a. Client shall maintain a high speed internet connection (1.5mbps download AND 512kbps
upload) with a static IP address and must be able to provide Tyler with IP connection to
Client’s network through Citrix GotoAssist, VPN, Citrix, or Microsoft Terminal Services. Tyler
shall use the connection to assist with problem diagnosis and resolution. Tyler is not
responsible for purchase of VPN client software license or configuration of Client’s firewall
settings. No wireless Internet connections allowed.
b. Tyler shall provide Client with remote support through the use of secure connection over
the Internet connection via Citrix GotoAssist. If Client will not allow access through
GotoAssist, Tyler cannot guarantee support standards will be met.
12. Proprietary Information.
a. Distribution of Tyler Software. Client may not sell, assign, transfer, disclose, or otherwise make
available, either directly or indirectly, any object code, documentation or other material relating
to the Tyler Software, in whole or in part, or any copy of the same in any form, to any other
person or entity.
b. Software as Trade Secret. Client shall maintain the confidentiality of the Tyler Software and
unless specifically authorized by Tyler or except for ordinary and necessary backup purposes,
Client may not make or have made any copies of the Tyler Software or any part thereof. Client
shall include Tyler's proprietary notice or other legend on any copies made by Client as permitted
hereunder.
13. Warranty. We warrant that the Tyler Software will perform without Defects during the term of this
Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts,
consistent with industry standards, to cure the Defect in accordance with our then‐current Support
Call Process.
14. Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
15. Limitation on Liability & Exclusion of Certain Damages. TYLER SHALL IN NO EVENT BE LIABLE FOR
DAMAGES THAT EXCEED THE AMOUNT OF THE CHARGES PAID BY CLIENT HEREUNDER FOR THE
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Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 5
DEVELOPMENT AND LICENSE OF THE TYLER SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL TYLER BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY,
INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUES OR DATA, EVEN IF
TYLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Hold Harmless. Client agrees that it will hold Tyler harmless against any claims, damages, liabilities,
costs and expenses, including reasonable attorneys' fees, arising out of or relating to
a. Client's failure to implement any corrections, improvements and new releases relating to the
Tyler Software, or any part thereof,
b. Client's unauthorized alterations to or use of the Tyler Software, or
c. Client's breach of any of its obligations to maintain the confidentiality of the Tyler Software or
Client's unauthorized copying thereof.
17. Termination. This Agreement or any license referenced hereunder may be terminated by Tyler upon
written notice to Client if Client performs any breach of the terms of this Agreement. At the date of
termination of this Agreement, Client shall promptly return to Tyler any Tyler Software, related
documentation, materials and other property of Tyler then in its possession, and any copies thereof
wherever located. Notwithstanding the foregoing, all provisions hereof relating to confidentiality of
the Tyler Software shall survive the termination of this Agreement.
18. General.
a. This Agreement shall be governed by the laws of Client’s state of domicile and constitutes the
entire Agreement between the parties hereto with respect to the Tyler Software described
herein, and shall supersede all previous or contemporaneous negotiations, commitments and
writings with respect to the matters set forth herein.
b. All acceptances by Tyler of purchase orders and all sales by Tyler are expressly limited to and
made on the basis of the terms and conditions set forth herein, notwithstanding receipt or
acknowledgment of Client's order forms or specifications containing additional or different
provisions, or conflicting oral representations by an agent, representative or employee of Tyler.
Any such additional or different terms are hereby objected to. All acceptances by Tyler are
expressly conditional on Client's assent to the additional or different terms and conditions set
forth in this Agreement. If these terms and conditions are not acceptable, Client should notify
Tyler at once.
19. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
[Signature page follows]
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Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 6
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of Tybee Island, GA
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Tybee Island, GA
One Tyler Drive 403 Butler Avenue
Yarmouth, ME 04096 Tybee Island. GA 31328
Attention: Chief Legal Counsel Attention: Todd Smith
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Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 7
Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement.
Customer pays $1.25 fee per transaction for payment on‐line.
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City Council Agenda Item Request
Council Meeting Date for Request: December 14, 2017
Item: The purpose of this agenda item is to request that the City Council establish the fiscal year 2017-2018 the Operating Grant
Special Revenue Fund for $1,946,872.
Explanation: The purpose of this agenda item is to request that the City Council to esatablish a budget for the Operating Grant Fund
for fiscal year 2017-2018. The revenue and expenditure budgets will total 1,946,872. The budget includes in a $865,200 line item for
beach renourishment that is carried-forward from fiscal year 2017’s for the dune remediation project that resulted from hurricane
Matthew. The remaining budget line items are related to hurricane Irma. The schedule below discloses the line item budget for the
Operating Grant Fund.
Fund Dept Object Account Description
Original
Budget
FY2017-2018
220 0000 33 1111 FEMA Grant Revenue 1,557,498.00
220 0000 33 4311 GEMA Grant Revenue 194,687.00
220 0000 39 1201 Transfer In General Fund 194,687.00
TOTAL REVENUE 1,946,872.00
220 4210 51 1100 Salaries & Wages 138,552.00
220 4210 51 1300 Overtime 47,020.00
220 4210 51 2200 FICA Social Security Contrib 15,000.00
220 4210 51 2300 FICA Medicare Contribution -
220 4210 52 2219 Infrastructure - Storm Damage -
220 4210 53 1100 Supplies & Materials 4,100.00
220 4210 53 1600 Small Equipment -
220 4225 52 2119 Street Cleaning Storm Debris 500,000.00
220 4225 52 3019 Debris Monitoring Service 300,000.00
220 6125 54 1402 Beach Renourishment 865,200.00
220 6210 53 1600 Small Equipment -
220 9000 61 1991 Transfer to GF - Force Equipme 47,000.00
220 9000 61 1992 Transfer out GF Direct Admin 30,000.00
220 9000 61 1993 Transfer to GF Emergency Wages -
TOTAL EXPENDITURES 1,946,872.00
Funding: FEMA\GEMA & General Fund
Paper Work: __X_ Attached* Already Distributed
Submitted by: Angela Hudson, Finance Director
Dec. 4, 2017 Date given to Clerk of Council
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City Council Agenda Item Request
Council Meeting Date for Request: December 14, 2017
Item: The purpose of this agenda item is to request that the City Council establish the fiscal year 2017-2018 the Operating Grant
Special Revenue Fund for $1,946,872.
Explanation: The purpose of this agenda item is to request that the City Council to esatablish a budget for the Operating Grant Fund
for fiscal year 2017-2018. The revenue and expenditure budgets will total 1,946,872. The budget includes in a $865,200 line item for
beach renourishment that is carried-forward from fiscal year 2017’s for the dune remediation project that resulted from hurricane
Matthew. The remaining budget line items are related to hurricane Irma. The schedule below discloses the line item budget for the
Operating Grant Fund.
Fund Dept Object Account Description
Original
Budget
FY2017-2018
220 0000 33 1111 FEMA Grant Revenue 1,557,498.00
220 0000 33 4311 GEMA Grant Revenue 194,687.00
220 0000 39 1201 Transfer In General Fund 194,687.00
TOTAL REVENUE 1,946,872.00
220 4210 51 1100 Salaries & Wages 138,552.00
220 4210 51 1300 Overtime 47,020.00
220 4210 51 2200 FICA Social Security Contrib 15,000.00
220 4210 51 2300 FICA Medicare Contribution -
220 4210 52 2219 Infrastructure - Storm Damage -
220 4210 53 1100 Supplies & Materials 4,100.00
220 4210 53 1600 Small Equipment -
220 4225 52 2119 Street Cleaning Storm Debris 500,000.00
220 4225 52 3019 Debris Monitoring Service 300,000.00
220 6125 54 1402 Beach Renourishment 865,200.00
220 6210 53 1600 Small Equipment -
220 9000 61 1991 Transfer to GF - Force Equipme 47,000.00
220 9000 61 1992 Transfer out GF Direct Admin 30,000.00
220 9000 61 1993 Transfer to GF Emergency Wages -
TOTAL EXPENDITURES 1,946,872.00
Funding: FEMA\GEMA & General Fund
Paper Work: __X_ Attached* Already Distributed
Submitted by: Angela Hudson, Finance Director
Dec. 4, 2017 Date given to Clerk of Council
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RESOLUTION – FY2018
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND:
WHEREAS, the City of Tybee Island is an authorized municipality organized and
existing under the laws of the State of Georgia; and
WHEREAS, as a qualified municipality, the City of Tybee Island is entitled to provide
certain services and is required to comply with certain obligations; and
WHEREAS, as part of the accounting and budgeting process, the City of Tybee Island is
to comply with Governmental Accounting Standards, Board Requirements and Statements; and
WHEREAS, the City of Tybee Island is to maintain its accounts in an appropriate manner
so as to comply with auditing requirements and accounting standards and may designate certain
funds as enterprise funds or other funds with different status including general funds, special
revenue funds, capital project funds, debt service funds, permanent funds, etc.; and
WHEREAS, the City of Tybee Island wishes to clarify certain funds and to establish the
authority for the transfer to and from certain funds as may be necessary and appropriate and to
restrict transfers from certain funds.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting
duly assembled, as follows:
1. To provide for the raising of revenues and appropriations of funds to support the
City of Tybee Island, Georgia for the fiscal year beginning July 1, 2017 and
ending June 30, 2018 in order to provide for the operations of government
departments, elected officials, other governmental activities; and to provide for
the level of personnel authorized for the various departments, the City of Tybee
Island hereby amends and adopts the Fiscal Year 2017-2018 Revenue and
Expenditure Operating and Capital Budget for the following funds:
Operating Grant Fund 220 - $1,946,872
2. Tybee Island has previously designated certain funds for debt service to be
specifically reserved to account for and are restricted to, committed or assigned funds for the
expenditure for principle and interest obligations.
3. There is an established special revenue fund used to account and report the
proceeds of specific revenue sources that are restricted or committed to expenditure for specific
purposes other than debt service or capital projects.
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4. Capital project funds currently assigned are to include funds set aside by the
mayor and council for greenspace, beach renourishment, and capital projects on the city’s capital
improvement plan as established by the mayor and council.
5. Tybee Island receives Special Purpose Local Option Sales Tax Funds, which are
to be separately maintained and segregated and only used for the expenditures for capital
improvement projects authorized by county-wide referendum, intergovernmental agreement, and
the agreed capital improvement plan of the City.
6. Tybee Island receives hotel/motel tax proceeds which are to be maintained and
used as required by Georgia law and only in accordance therewith.
7. Tybee Island continuously accumulates funds for beach nourishment purposes
and, further, seeks additional funding for beach nourishment projects including from federal
sources, state, and county and grant sources to acquire sufficient funds for such projects. All
funds received from whatever source in connection with a beach nourishment project must be
accounted for in a completely transparent manner and consistent with any restrictions imposed
by the grantor of such funds. No transfers from any such restricted funds can be made except
upon the express approval of the mayor and council.
8. There is hereby established a stabilization fund to be used to account for transfers
from other funds when necessary, with all such transfers being reported to the mayor and council
if made by other than the express approval of the mayor and council
9. The Finance Director has presented for adoption and/or approval the matters
addressed herein.
IT IS SO RESOLVED, this the ____ day of ___________________, 2017.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2017/funds
20171214AmendedCityCouncilPacket3 Page 160 of 243 20171212/jrl
MAYOR Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem Wanda Doyle
Bill Garbett Julie Livingston
John Major Monty Parks CITY OF TYBEE ISLAND
CITY MANAGER 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: 12/14/17
Category: Consideration of Bids, Contracts, Agreements and Expenditures
Item: 2018 Memorandum of Agreement: Tybee Island Information (Info) Hut Partnership Explanation:
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: 912-844-9771 / cmorton@cityoftybee.org
Date submitted: 12/4/17
20171214AmendedCityCouncilPacket3 Page 161 of 243 20171212/jrl
Page 1 of 1
PARTIES: City of Tybee Island;
Visit Tybee, a division of the Savannah Area
Chamber of Commerce
SERVICE: Tybee Island Information (Info) Hut Partnership
TERM: May 25, 2018 to September 3, 2018
A Classic Main Street Community
MEMORANDUM OF AGREEMENT
This Agreement, entered into this day of , 2017 serves to be representative of a partnership between
the City of Tybee Island (City) and Visit Tybee (DMO), a division of the Savannah Area Chamber of Commerce, for
services at the Info Hut.
WITNESSETH
In consideration of the mutual understanding contained herein, the Parties hereby agree to the following for the 2018
spring and summer season:
1. The DMO will be responsible for:
a. providing staffing (hiring, training and managing) during the 2018 spring and summer season.
i. staff coverage (if sufficiently secured) will be approximately 11am – 4pm Thursday thru
Sunday.
ii. staff will consist of part-time staff operating on a shift-work schedule.
iii. if sufficient staffing is not secured, Visit Tybee will notify the City prior to May 1.
b. providing general liability insurance for Info Hut staff.
c. providing information to the public specific to Tybee Island, local businesses and events, during hours of
operation. d. providing a monthly report to the city’s Development Authority/Main Street staff person regarding estimated
number of people served, a breakdown of which states people were from, and top five asked questions.
2. The City will be responsible for:
a. ensuring the exterior and interior (including air conditioning unit and refrigerator) of the Info Hut is
appropriately maintained.
b. providing information for posting at the Info Hut via the Development Authority/Main Street Program.
i. information will include answers to frequently asked questions.
c. providing assistance to the Info Hut staff as necessary from the city’s Development Authority/Main Street
staff.
d. providing electricity to the Info Hut as available.
e. posting contact information at the Info Hut for the Visit Tybee staff and public.
f. providing space for the informational map (provided in 2016) of Tybee Island to be posted at the Info Hut.
g. providing seasonal complementary parking passes for Info Hut staff.
i. tag registration information will be required to be provided prior to May 18.
h. providing one parking space near the Info Hut, which will designated by a sign, during times of Info Hut staff
coverage (availability not guaranteed).
Signatures provided below by involved Parties constitutes mutual acceptance of this Agreement*.
Jason Buelterman, Mayor Date
City of Tybee Island
Sara Lane, Executive Director Date
Visit Tybee
20171214AmendedCityCouncilPacket3 Page 162 of 243 20171212/jrl
City Council Agenda Item Request
Council Meeting Date for Request: December 14, 2017
Item: The purpose of this agenda item is to request that the City Council amend the fiscal year 2017-2018 the
Chatham County SPLOST VI Capital Fund by an decrease of ($3,202) from $450,984 to $447,782.
Explanation: The purpose of this agenda item is to request that the City Council approve to amend the
Chatham County SPLOST VI Capital Fund budget for fiscal year 2017-2018 by decreasing the revenue and
expenditure budgets ($3,202) from $450,984 to $447,782. The budget amended is necesary to adjust project
budget line items for projects carried-forword from fiscal year 2017 based on audited expenditures in fiscal year
2017. The schedule below discloses the budget amendment.
Fund Dept Object Account Description
Current
Budget
Balance
Budget
Adjustment
Amended
Budget
Balance
321 0000 36 1000 Interest Income 160.00$ 160.00$
321 0000 39 1300 Pror Year Fund Balance 450,824.00$ (3,202.00)$ 447,622.00$
Total Revenues:450,984.00$ (3,202.00)$ 447,782.00$
321 4970 54 2500 Marsrh Hill Trail TE Match 1,634.00$ 1,634.00$
321 6172 57 2001 Marine Science Center 448,921.00$ (3,047.00)$ 445,874.00$
321 9000 61 1000 Contingency 2,063.00$ (1,789.00)$ 274.00$
Total Expenditures:450,984.00$ (3,202.00)$ 447,782.00$
Funding: SPLOST 2003
Paper Work: __X_ Attached* Already Distributed
Submitted by: Angela Hudson, Finance Director
Dec. 4, 2017 Date given to Clerk of Council
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City Council Agenda Item Request
Council Meeting Date for Request: December 14, 2017
Item: The purpose of this agenda item is to request that the City Council amend the fiscal year 2017-2018 the
SPLOST 2014 Capital Fund by increasing $300 from $1,410,209.26 to $1,410,209.26.
Explanation: The purpose of this agenda item is to request that the City Council approve to amend the
SPLOST 2014 Capital Fund budget for fiscal year 2017-2018 by increasing the revenue and expenditure
budgets by $300, from $1,410,209.26 to $1,410,209.29. The budget amended is necessary to carry-forward
incomplete projects from fiscal year 2017 and adjust project budget line items to actual based on audited
expenditures from fiscal year 2017. The schedule below discloses the budget amendment.
Fund Dept Object Account Description
Current
Budget
Balance
Budget
Admendment
Amended
Budget
Balance
322 0000 33 7114 SPLOST 2014 Revenue 740,000.00 740,000.00
322 0000 36 1000 Interest Income 300.00 300.00
322 0000 38 9100 Insurance Reimbursement - -
322 0000 39 1300 Prior Year Fund Balance 669,909.26 300.00 670,209.26
Total Revenue 1,410,209.26 300.00 1,410,509.26
322 3510 54 2200 Vehicles TIFD 300,000.00 300,000.00
322 4210 54 1410 Infrastructure 197,000.00 197,000.00
322 4210 54 2100 Capital Equipment 186,000.00 186,000.00
322 4250 54 2102 Drainage improvements 200,000.00 200,000.00
322 4970 54 2510 Marsh Hill Trail TE Match 43,000.00 (10,035.00) 32,965.00
322 6125 54 2105 Beach Crossovers 200,000.00 200,000.00
322 6210 54 1100 Site Improvements - 26,113.00 26,113.00
322 6210 54 1310 Buildings - 165,212.59 165,212.59
322 9000 61 1000 Contigency 284,209.26 (180,990.59) 103,218.67
Total Expenditures 1,410,209.26 300.00 1,410,509.26
Funding: SPOST 2014
Paper Work: __X_ Attached* Already Distributed
Submitted by: Angela Hudson, Finance Director
Dec. 4, 2017 Date given to Clerk of Council
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City Council Agenda Item Request
Council Meeting Date for Request: December 14, 2017
Item: The purpose of this agenda item is to request that the City Council amend the fiscal year 2017-2018 the
Chatham County SPLOST VI Capital Fund by an inecrease of $11,976 from $1,700,000 to $1,711,836.
Explanation: The purpose of this agenda item is to request that the City Council approve to amend the
Chatham County SPLOST VI Capital Fund budget for fiscal year 2017-2018 by decreasing the revenue and
expenditure budgets $11,976, from $1,700,000 to $1,711,976. The budget amended is necesary to adjust
project budget line items to actual based on audited expenditures in fiscal year 2018. The schedule below
discloses the budget amendment.
Fund Dept Object Account Description
Current
Budget
Balance
Budget
Adjustment
Amended
Budget
Balance
321 0000 36 1000 Interest Income 160.00$ 160.00$
321 0000 39 1300 Pror Year Fund Balance 450,824.00$ (3,202.00)$ 447,622.00$
Total Revenues:450,984.00$ (3,202.00)$ 447,782.00$
321 4970 54 2500 Marsrh Hill Trail TE Match 1,634.00$ 1,634.00$
321 6172 57 2001 Marine Science Center 448,921.00$ (3,047.00)$ 445,874.00$
321 9000 61 1000 Contingency 2,063.00$ (1,789.00)$ 274.00$
Total Expenditures:450,984.00$ (3,202.00)$ 447,782.00$
Funding: Chatham County SPOST VI
Paper Work: __X_ Attached* Already Distributed
Submitted by: Angela Hudson, Finance Director
Dec. 4, 2017 Date given to Clerk of Council
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City Council Agenda Item Request
Council Meeting Date for Request: December 14, 2017
Item: The purpose of this agenda item is to request that the City Council amend the fiscal year 2017-2018 the
SPLOST 2008 Capital Fund by an incecrease of $1,667 from $1,959 to $3,626.
Explanation: The purpose of this agenda item is to request that the City Council approve to amend the
SPLOST 2003 Capital Fund budget for fiscal year 2017-2018 by inecreasing the revenue and expenditure
budgets by $1,667, from $1,959 to $3,626. The budget amended is necessary to carry-forward incomplete
projects from fiscal year 2017 and adjust project budget line items to actual based on audited expenditures from
fiscal year 2017. The schedule below discloses the budget amendment.
Fund Dept Object Account Description
Current
Budget
Balance
Budget
Adjustment
Amended
Budget
Balance
320 0000 36 1000 Interest -$ 3.00$ 3.00$
320 0000 39 1300 Reserve/Prior Year Fund Balanc 1,959.00$ 1,664.00$ 3,623.00$
Total Revenues:1,959.00$ 1,667.00$ 3,626.00$
320 1512 52 3300 Advertising -$ -$ -$
320 4210 54 1400 Infrastucture -$
320 6210 54 1310 Buildings -$ 3,626.00$ 3,626.00$
320 9000 61 1000 Contingency 1,959.00$ (1,959.00)$ -$
Total Expenditures:1,959.00$ 1,667.00$ 3,626.00$
Funding: SPOST 2008
Paper Work: __X_ Attached* Already Distributed
Submitted by: Angela Hudson, Finance Director
Dec. 4, 2017 Date given to Clerk of Council
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RESOLUTION – FY2018
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND:
WHEREAS, the City of Tybee Island is an authorized municipality organized and
existing under the laws of the State of Georgia; and
WHEREAS, as a qualified municipality, the City of Tybee Island is entitled to provide
certain services and is required to comply with certain obligations; and
WHEREAS, as part of the accounting and budgeting process, the City of Tybee Island is
to comply with Governmental Accounting Standards, Board Requirements and Statements; and
WHEREAS, the City of Tybee Island is to maintain its accounts in an appropriate manner
so as to comply with auditing requirements and accounting standards and may designate certain
funds as enterprise funds or other funds with different status including general funds, special
revenue funds, capital project funds, debt service funds, permanent funds, etc.; and
WHEREAS, the City of Tybee Island wishes to clarify certain funds and to establish the
authority for the transfer to and from certain funds as may be necessary and appropriate and to
restrict transfers from certain funds.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting
duly assembled, as follows:
1. To provide for the raising of revenues and appropriations of funds to support the
City of Tybee Island, Georgia for the fiscal year beginning July 1, 2017 and
ending June 30, 2018 in order to provide for the operations of government
departments, elected officials, other governmental activities; and to provide for
the level of personnel authorized for the various departments, the City of Tybee
Island hereby amends and adopts the Fiscal Year 2017-2018 Revenue and
Expenditure Operating and Capital Budget for the following funds:
SPLOST 2008 – Fund 320 $3,626
SPLOST 2003 – Fund 321 $447,782
SPLOST 2014 – Fund 322 $1,410,509.26
Chatham County SPLOST VI $1,711,976
2. Tybee Island has previously designated certain funds for debt service to be
specifically reserved to account for and are restricted to, committed or assigned funds for the
expenditure for principle and interest obligations.
3. There is an established special revenue fund used to account and report the
proceeds of specific revenue sources that are restricted or committed to expenditure for specific
purposes other than debt service or capital projects.
20171214AmendedCityCouncilPacket3 Page 167 of 243 20171212/jrl
4. Capital project funds currently assigned are to include funds set aside by the
mayor and council for greenspace, beach renourishment, and capital projects on the city’s capital
improvement plan as established by the mayor and council.
5. Tybee Island receives Special Purpose Local Option Sales Tax Funds, which are
to be separately maintained and segregated and only used for the expenditures for capital
improvement projects authorized by county-wide referendum, intergovernmental agreement, and
the agreed capital improvement plan of the City.
6. Tybee Island receives hotel/motel tax proceeds which are to be maintained and
used as required by Georgia law and only in accordance therewith.
7. Tybee Island continuously accumulates funds for beach nourishment purposes
and, further, seeks additional funding for beach nourishment projects including from federal
sources, state, and county and grant sources to acquire sufficient funds for such projects. All
funds received from whatever source in connection with a beach nourishment project must be
accounted for in a completely transparent manner and consistent with any restrictions imposed
by the grantor of such funds. No transfers from any such restricted funds can be made except
upon the express approval of the mayor and council.
8. There is hereby established a stabilization fund to be used to account for transfers
from other funds when necessary, with all such transfers being reported to the mayor and council
if made by other than the express approval of the mayor and council
9. The Finance Director has presented for adoption and/or approval the matters
addressed herein.
IT IS SO RESOLVED, this the ____ day of ___________________, 2017.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2018/funds
20171214AmendedCityCouncilPacket3 Page 168 of 243 20171212/jrl
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
Wanda Doyle
Bill Garbett
Julie Livingston
John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF
COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
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: December 14, 2017
Item: Authorize Use of $300,000 of Fund Balance for the Marine Science Center ______
Explanation: _ _________
_________________________
__________________________________________________________________________________
__________________________________________________________________________________________
Budget Line Item Number (if applicable):
Paper Work: Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email to
jleviner@cityoftybee.org.
** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Shawn Gillen
Phone / Email: 912 472-5070 / sgillen@cityoftybee.org
Comments: ________________________________________________________________________________
__________________________________________________________________________________________
Date given to Clerk of Council 12/07/2017
20171214AmendedCityCouncilPacket3 Page 169 of 243 20171212/jrl
REQUEST FOR PROPOSAL
RFP NO. 2017-705
VACUUM/REGENERATIVE AIR STREET SWEEPER
RFP DUE: FRIDAY DECEMBER 1, 2017 by 10:00am
CITY OF TYBEE ISLAND, GEORGIA
JASON BUELTERMAN, MAYOR
BARRY BROWN, MAYOR PRO TEM BILL GARBETT
WANDA DOYLE JULIE LIVINGSTON
JOHN MAJOR MONTY PARKS
DOCUMENT CHECK LIST
The following documents are contained in and made a part of this RFP Package or are
required to be submitted with the RFP. It is the responsibility of the Proposer to read,
complete and sign, where indicated, and return these documents with his/her RFP.
FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFYING THE
PROPOSER
GENERAL INFORMATION AND INSTRUCTIONS TO RFP WITH
ATTACHMENTS
RFP SPECIFICATIONS
ATTACHMENTS: A. SAVE AFFIDAVIT; B. W-9/VENDOR INFORMATION; C.
PROPOSAL SHEET; D. REFERENCE SHEET; E. SIGNED CHECK LIST
Date: 11-13-17 RFP NO. 2017-705
GENERAL INFORMATION FOR INVITATION FOR RFP
This is a request for proposals for a Vacuum/Regenerative Air Street Sweeper for the
City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”). Sealed
RFPs must be received by 10:00am local time, on Friday, December 1, 2017. The
City of Tybee Island reserves the right to reject any or all RFPs.
Instructions for preparation and submission of a RFP are contained in this RFP package.
Please note that specific forms for submission of a RFP are required. RFPs must be
typed or printed in ink.
City of Tybee Island has an equal opportunity purchasing policy to assure all
procurement procedures are conducted in a manner that provides maximum open and
free competition. City of Tybee Island seeks to ensure that all segments of the business
community have access to supplying the goods and services needed by the City of Tybee
Island. The City of Tybee Island provides equal opportunity for all businesses and does 20171214AmendedCityCouncilPacket3 Page 170 of 243 20171212/jrl
2
not discriminate against any persons or businesses regardless of race, color, religion,
age, sex, national origin or handicap.
PURPOSE: The City of Tybee Island, GA is seeking proposals for a
Vacuum/Regenerative Air Street Sweeper:
SPECIFICATIONS:
Pony Engine: must have at least 100 hp.
Pony Engine: must have at least 350 ft.lb. torque
The hopper must be constructed of stainless steel
The screen must be removable without the use of tools
Hydraulic Pump must have a minimum output of 7 gpm.
Minimum 250 gallon water tank that is baffled
There must be rear warning lights
Conventional Cab Chassis
Full Employee training, including maintenance
30 day delivery time
TAXES
The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will be
provided with the invoice at the time of payment, if requested.
DELIVERY: F.O.B. DESTINATION
Tybee Island Public Works 76 Polk Street Tybee Island, GA 31328
Inquiries or other need for clarification in this document, should be submitted no
later than November 24, 2017.
Questions should be addressed to: Joe Wilson, Director
jwilson@cityoftybee.org
912-658-8302
1 INSTRUCTIONS TO PROPOSERS
Purpose: The purpose of this document is to provide general and specific information
for use in submitting a RFP to supply the City of Tybee Island with equipment, supplies,
and/or services as described herein. All RFPs are governed by the Code of the City of
Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws
of the State of Georgia.
1.1 How to Prepare RFPs: All RFPs shall be:
Prepared on the forms enclosed herewith, unless otherwise prescribed, and all
documents must be submitted.
Typewritten or completed with pen and ink, signed by the business owner or 20171214AmendedCityCouncilPacket3 Page 171 of 243 20171212/jrl
3
authorized representative, with all erasures or corrections initialed and dated by
the official signing the RFP. ALL SIGNATURE SPACES MUST BE SIGNED
1.2 How to Submit RFPs:
a. An original, 1 duplicate copy and one electronic copy (thumb drive)
must be submitted in a sealed opaque envelope, plainly marked with
the RFP number and title, date and time of RFP opening, and company
name.
b. Please include all documents requested to be provided.
c. All RFPs shall be mailed or hand delivered in sufficient time to ensure
receipt by the Purchasing Agent on or before the time and date
specified above. Mailing Address and Hand Delivery: City of Tybee
Island, Attn: Melissa Freeman, PO Box 2749, 403 Butler Avenue,
Tybee Island, Georgia 31328.
RFPS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL
NOT BE OPENED OR CONSIDERED.
1.3 How to Submit an Objection: Objections from Proposers to this RFP and/or
these specifications shall be brought to the attention of the City of Tybee Island
Purchasing Agent in the following manner:
a. Proposers shall either present their oral objections at that time or submit
their written objections at least two (2) days prior to the scheduled pre-RFP
conference.
b. The objections contemplated may pertain to form and/or substance of the
RFP documents. Failure to object in accordance with the above procedure
will constitute a waiver on the part of the business to protest this RFP.
1.4 Errors in RFPs: Proposers or their authorized representatives are expected to
fully inform themselves as to the conditions, requirements, and specifications
before submitting proposal(s). Failure to do so will be at the Proposer's own
risk. In case of error in extension of prices in the RFP or proposal, the unit price
will govern.
1.5 Standards for Acceptance of RFP for Contract Award: City of Tybee Island
reserves the right to reject any or all proposals and to waive any irregularities
or technicalities in proposals received whenever such rejection or waiver is in
the best interest of City of Tybee Island. City of Tybee Island reserves the right
to reject the Proposal of a Proposer who has previously failed to perform
properly or complete on time contracts of a similar nature, or a proposal from a
proposer whom investigation shows is not in a position to perform the contract.
1.6 RFP Tabulation: Tabulations for all RFPs will be posted for thirty (30) days
after the RFP is awarded on the City website, www.cityoftybee.org
1.7 Proposer: Whenever the term "proposer" is used it shall encompass the
"person," "business," "supplier," "vendor," or other party submitting a proposal 20171214AmendedCityCouncilPacket3 Page 172 of 243 20171212/jrl
4
to City of Tybee Island in such capacity before a contract has been entered into
between such party and City of Tybee Island.
1.8 Responsible / Responsive proposer: Responsible proposer means a person or
entity that has the capability in all respects to perform fully and reliably the
contract requirements. Responsive proposer means a person or entity that has
submitted a proposal that conforms in all material respects to the requirements
set forth in the RFP.
1.9 Compliance with Laws: The proposer and/or contractor shall obtain and
maintain all licenses, permits, liability insurance, workman's compensation
insurance and comply with any and all other standards or regulations required
by federal, state, county or city statute, ordinances and rules during the
performance of any contract between the contractor and City of Tybee Island.
Any such requirement specifically set forth in any contract document between
the contractor and City of Tybee Island shall be supplementary to this section
and not in substitution thereof.
1.10 Contractor: Contractor or subcontractor means any person or business having
a contract with City of Tybee Island. The Contractor/Vendor of goods, material,
equipment or services certifies that they will follow equal employment
opportunity practices in connection with the awarded contract as more fully
specified in the contract documents.
1.11 State Licensing Board for General Contractors: If applicable, pursuant to
Georgia law, any proposer must be a Georgia licensed General Contractor
(Contractor work or activity that is unlimited in scope regarding any residential
or commercial projects).
1.12 Immigration: On 1 July 2007, the Georgia Security and Immigration
Compliance Act (SB 529, Section 2) became effective. All contractors and
subcontractors with 100 or more employees entering into a contract or
performing work must sign an affidavit that he/she has used the E-Verify
System. E-Verify is a no-cost federal employment verification system to insure
employment eligibility. No proposals will be considered unless a signed E-
Verify Affidavit is enclosed with the submittal package.
Affidavits are enclosed in this solicitation. You may download M-274
Handbook for Employers at
http://www.dol.state.ga.us/spotlight/employment/rules. You may go to
http://www.uscis.gov. to find the E-Verify information.
Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A.
50-36-1, required Georgia cities to comply with the federal Systematic Alien
Verification for Entitlements (SAVE) Program. SAVE is a federal program
used to verify that applicants for certain “public benefits” are legally present in
the United States. Contracts with the City are considered “public benefits.”
Therefore, the successful proposer will be required to provide the Affidavit
Verifying Status for City of Tybee Benefit Application prior to receiving any
City contract. The affidavit is included as part of this RFP package but is only
required of the successful proposer. 20171214AmendedCityCouncilPacket3 Page 173 of 243 20171212/jrl
5
Protection of Resident Workers. City of Tybee Island actively supports the
Immigration and Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination.
Under the INA, employers may hire only persons who may legally work in the
United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing the Employment
Eligibility Verification Form (I-9). The Contractor shall establish appropriate
procedures and controls so no services or products under the Contract
Documents will be performed or manufactured by any worker who is not legally
eligible to perform such services or employment.
2 GENERAL CONDITIONS
2.1 Specifications: Any obvious error or omission in specifications shall not inure
to the benefit of the proposer but shall put the proposer on notice to inquire of
or identify the same from the City of Tybee Island. Whenever herein mentioned
is made of any article, material or workmanship to be in accordance with laws,
ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar
expressions, the requirements of these laws, ordinances, etc., shall be construed
to be the minimum requirements of these specifications.
2.2 Multiple RFPs: No vendor will be allowed to submit more than one (1) RFP.
Any alternate proposals must be brought to the Purchasing Agent's attention
during the Pre-RFP Conference or submitted in writing at least five (5) days
preceding the RFP opening date.
2.3 Permitting and Approvals: The contractor that is awarded the contract will be
responsible for securing all necessary federal, state and local approvals required
for the project.
2.4 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions
quoted in his proposal will be firm for acceptance for a period of sixty (60) days
from RFP opening date, unless otherwise stated in the RFP.
2.5 Completeness: All information required by the RFP must be completed and
submitted to constitute a proper proposal.
2.6 Quality: All materials, or supplies used for the construction necessary to
comply with this proposal shall be of the best quality, and of the highest
standard of workmanship.
Workmanship employed in any construction, repair, or installation required by
this proposal shall be of the highest quality and meet recognized standards
within the respective trades, crafts and of the skills employed.
2.7 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island,
the Proposer shall unconditionally guarantee the materials and workmanship for
one (1) year on all material and/or services. If, within the guarantee period, any
defects occur which are due to faulty material and or services, the contractor at 20171214AmendedCityCouncilPacket3 Page 174 of 243 20171212/jrl
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his expense, shall repair or adjust the condition, or replace the material and/or
services to the complete satisfaction of the City of Tybee Island. These repairs,
replacements or adjustments shall be made only at such time as will be
designated by the City of Tybee Island as being least detrimental to the
operation of the City.
2.8 Liability Provisions: Where proposers are required to enter or go onto City of
Tybee Island property to take measurements or gather other information in order
to prepare the RFP as requested by the City, the proposer shall be liable for any
injury, damage or loss occasioned by negligence of the proposer, his agent, or
any person the proposer has designated to prepare the proposal and shall
indemnify and hold harmless City of Tybee Island from any liability arising
there from. The contract document specifies the liability provisions required of
the successful proposer in order to be awarded a contract with City of Tybee
Island.
2.9 Cancellation of Contract: The contract may be canceled or suspended by City
of Tybee Island in whole or in part by written notice of default to the Contractor
upon non-performance or violation of contract terms. An award may be made
to the next higher ranked Proposer, for articles and/or services specified or they
may be purchased on the open market. The defaulting Contractor (or his surety)
shall be liable to City of Tybee Island for costs to the City of Tybee Island in
excess of the defaulted contract prices. See the contract documents for complete
requirements.
2.10 Certification of Independent Price Determination: By submission of this
proposal, the Proposer certifies, and in the case of a joint proposal each party
thereto certifies as to its own organization, that in connection with this
procurement:
a. The prices in this proposal have been arrived at independently, without
consultation, communication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any other proposer
or with any competitor;
b. Unless otherwise required by law, the prices which have been quoted in
this proposal have not been knowingly disclosed by the proposer and will
not knowingly be disclosed by the proposer prior to opening, directly or
indirectly to any other proposer or to any competitor; and
c. No attempt has been made or will be made by the proposer to induce any
other person or firm to submit or not to submit a proposal for the purpose
of restricting competition.
2.11 Award of Contract: The contract, if awarded, will be awarded to the proposal
with the highest score whose base proposal meets the requirements and criteria
set forth in the RFP. The City of Tybee Mayor and Council must approve the
award. The award will take into account price among other factors as specified
in this RFP.
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procurement process or actions of the City of Tybee Island staff may be filed
with the Purchasing Agent for review and resolution. The Code of the City of
Tybee Island will control the protest.
2.13 Qualification of Business (Responsible Proposer): A responsible Proposer is
defined as one who meets, or by the date of the proposal acceptance can meet,
certifications, all requirements for licensing, insurance, and registrations, or
other documentation required by the Scope of Work, specifications and plans.
These documents will be listed in the Special Conditions further on in this
solicitation. City of Tybee Island has the right to require any or all proposers to
submit documentation of the ability to perform, provide, or carry out the service
or provide the product requested.
City of Tybee Island has the right to disqualify the proposal of any proposer as
being unresponsive or un-responsible whenever such Proposer cannot
document the ability to deliver the requested product or service.
2.14 Compliance with Specification - Terms and Conditions: The RFP, Legal
Advertisement, General Conditions and Instructions to Proposers,
Specifications, Special Conditions, Vendor's RFP, Addendum, and/or any other
pertinent documents form a part of the Proposer’s proposal and by reference are
made a part hereof.
2.15 Signed RFP Considered Offer: The signed Proposal shall be considered an
offer on the part of the Proposer, which offer shall be deemed accepted upon
approval by the City of Tybee Island Mayor and Council, Purchasing Agent or
designee, as may be applicable. In case of a default on the part of the Proposer
after such acceptance, City of Tybee Island may take such action as it deems
appropriate, including legal action for damages or lack of required performance.
2.16 Notice to Proceed: The successful proposer shall not commence work under
this RFP until a written contract is awarded and a Notice to Proceed is issued
by the Purchasing Agent or his designee, or as specified in the Special
Conditions. If the successful Proposer does commence any work or deliver
items prior to receiving official notification, he does so at his own risk.
2.17 Payment to Contractors: Instructions for invoicing the City of Tybee Island
for products delivered to the City of Tybee Island are specified in the contract
document.
a. Questions regarding payment may be directed to the Accounting
Department at 912-472-5024 or City of Tybee Island’s Project Manager as
specified in the contract documents.
b. Contractors will be paid the agreed upon compensation upon satisfactory
delivery of the products or completion of the work as more fully described
in the contract document.
c. Upon completion of the work or delivery of the products, the Contractor
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suppliers, persons or businesses employed by the Contractor for the work
performed for the City of Tybee Island have been paid in full.
d. City of Tybee Island is a tax exempt entity. Every contractor, vendor,
business or person under contract with City of Tybee Island is required by
Georgia law to pay State sales or use taxes for products purchased in
Georgia or transported into Georgia and sold to City of Tybee Island by
contract. Please consult the State of Georgia, Department of Revenue, Sales
and Use Tax Unit in Atlanta (404) 656-4065 for additional information.
2.18 Owner’s Rights Concerning Award: The Owner reserves the right, and sole
and complete discretion to waive technicalities and informalities. The Owner
further reserves the right, and sole and complete discretion to reject all RFPs
and any RFP that is not responsive or that is over the budget, as amended, or
that fails to suit the needs of the City as determined by the Owner in its sole
discretion. In judging whether the Proposer is responsible, the Owner will
consider, but is not limited to consideration of, the following:
a. Whether the Proposer or principals are currently ineligible, debarred,
suspended, or otherwise excluded from contracting by any state or federal
agency, department, or authority;
b. Whether the Proposer or principals have been terminated for cause or are
currently in default on a public works contract;
c. Whether the Proposer can demonstrate a commitment to safety with regard
to Workers' Compensation by having an experience Modification Rate
(EMR) over the past three years not having exceeded an average of 1.2;
and
d. Whether the Proposer’s past work provides evidence of an ability to
successfully complete public works projects within the established time,
quality, or cost, or to comply with the Proposer’s contract obligations.
2.19 Cone of Silence:
Lobbying of Procurement Evaluation Committee members, City employees,
and elected officials regarding this product or service solicitation, Request for
Proposal (RFP) or contract by any member of a proposer’s staff, or those people
employed by any legal entity affiliated with an organization that is responding
to the solicitation is strictly prohibited. Negative campaigning through the mass
media about the current service delivery is strictly prohibited. Such actions may
cause your proposal to be rejected.
2.20 GEORGIA OPEN RECORDS ACT - The responses will become part of the
City of Tybee Island’s official files without any obligation on the City of Tybee
Island’s part. Ownership of all data, materials and documentation prepared for
and submitted to City of Tybee Island in response to a solicitation, regardless of
type, shall belong exclusively to City of Tybee Island and will be considered a
record prepared and maintained or received in the course of operations of a
public office or agency and subject to public inspection in accordance with the 20171214AmendedCityCouncilPacket3 Page 177 of 243 20171212/jrl
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Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-
18-70, et. Seq., unless otherwise provided by law.
It is the responsibility of the Proposer to notify the City of any documents turned
over which may contain trade secrets or other confidential matters. A Proposer
submitting records which the entity or person believes contains trade secrets
that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-
72(34) shall submit and attach to the records an affidavit affirmatively declaring
that specific information in the records constitute trade secrets pursuant to
Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia.
Proposals will not be opened in public, and the information is exempt from
disclosure, including the Open Records Act until such time as the RFP has been
awarded, or all proposals have been rejected.
City of Tybee Island shall not be held accountable if material from responses is
obtained without the written consent of the proposer by parties other than the
City of Tybee Island, at any time during the solicitation and evaluation process.
2.21 GEORGIA TRADE SECRET ACT of 1990 - In the event a Proposer submits
trade secret information to the City of Tybee Island; the information must be
clearly labeled as a Trade Secret. The City of Tybee Island will maintain the
confidentiality of such trade secrets to the extent provided by law.
2.22 CONTRACTOR RECORDS -The Georgia Open Records Act is applicable to
the records of all contractors and subcontractors under contract with the City of
Tybee Island. This applies to those specific contracts currently in effect and
those which have been completed or closed for up three (3) years following
completion.
3 SCORING MATRIX
SELECTION CRITERIA
The following weighted criteria will be utilized to select the award of this contract:
Sweeper design and features – 50 points
Price, including delivery fees – 35 points
Reputation and References – 15 points
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INSTRUCTIONS TO PROPOSERS – SIGNATURE SHEET
CITY OF TYBEE ISLAND
CHATHAM COUNTY, GEORGIA
The Proposer certifies that he/she has examined all documents contained in this RFP package, and
is familiar with all aspects of the proposal and understands fully all that is required of the successful
Proposer. The Proposer further certifies that his/her RFP shall not be withdrawn for sixty (60) days
from the date on which his proposal is submitted to the City.
The Proposer agrees, if awarded this RFP, he/she will:
A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items
indicated thereon as specified in this proposal for the RFP amount; or,
B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to
provide the service and/or accomplish the work as stated and/or specified in this proposal for the
proposal amount.
COMPANY DATE
SIGNATURE TITLE
TELEPHONE NUMBER
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ATTACHMENT A
O.C.G.A. § 50-36-1(e)(2) SAVE Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____________________ contract
for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND,
Georgia, the undersigned applicant verifies one of the following with respect to my application for
a public benefit:
1) _________ I am a United States citizen.
2) _________ I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and
Nationality Act with an alien number issued by the Department of Homeland
Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency is:____________________.
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has
provided at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_____________________________________________________________________.
In making the above representation under oath, I understand that any person who knowingly and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be
guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such
criminal statute.
Executed in ___________________ (city), __________________(state).
_________________________________
Signature of Applicant
_________________________________
Printed Name of Applicant
SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____
_________________________
NOTARY PUBLIC
My Commission Expires:
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ATTACHMENT B
What products/services do you provide to the City of Tybee Island?
_________________________________________________________________
To whom shall we direct the Purchase Order?
Contact:______________________ Email:_______________________
Phone#______________________________ Fax#________________________________
Location: ________________________________________________________
To whom shall we direct Payment?
A/R Contact: _______________________ Email:_________________________________
Phone#_____________________________ Fax#________________________________
Remittance Address:________________________________________________________
Our terms are Net 30. 20171214AmendedCityCouncilPacket3 Page 181 of 243 20171212/jrl
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ATTACHMENT C
PROPOSAL SHEET
VACUUM/REGENERATIVE AIR STREET SWEEPER
RFP # 2017-705
TOTAL COST OF SWEEPER: $________________
TOTAL COST OF DELIVERY: $________________
TOTAL PROPOSAL AMOUNT: $_________________
__________________________ (Firm)
__________________________ (Signature)
__________________________ (Title)
* THIS DOCUMENT SHOULD BE ENCLOSED IN AN OPAQUE ENVELOPE.
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ATTACHMENT D
REFERENCES
RFP 2017-705
PROPOSER: __________________________________________________________________
COMPANY NAME: ______________________________________________________________________________
ADDRESS: ______________________________________________________________________________________
CITY: _________________________________________________ STATE: ____________ZIP: _________________
CONTACT PERSON: __________________________________________PHONE: __________________________
PHONE NUMBER: __________________________EMAIL: ____________________________________________
COMPANY NAME: ______________________________________________________________________________
ADDRESS: ______________________________________________________________________________________
CITY: _________________________________________________ STATE: ____________ZIP: _________________
CONTACT PERSON: __________________________________________PHONE: __________________________
PHONE NUMBER: __________________________EMAIL: ____________________________________________
COMPANY NAME: ______________________________________________________________________________
ADDRESS: ______________________________________________________________________________________
CITY: _________________________________________________ STATE: ____________ZIP: _________________
CONTACT PERSON: __________________________________________PHONE: __________________________
PHONE NUMBER: __________________________EMAIL: ____________________________________________
COMPANY NAME: ______________________________________________________________________________
ADDRESS: ______________________________________________________________________________________
CITY: _________________________________________________ STATE: ____________ZIP: _________________
CONTACT PERSON: __________________________________________PHONE: __________________________
PHONE NUMBER: __________________________EMAIL: ____________________________________________
COMPANY NAME: ______________________________________________________________________________
ADDRESS: ______________________________________________________________________________________
CITY: _________________________________________________ STATE: ____________ZIP: _________________
CONTACT PERSON: __________________________________________PHONE: __________________________
PHONE NUMBER: __________________________EMAIL: ____________________________________________
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ATTACHMENT E
CHECKLIST FOR SUBMITTING RFP
Sign below and submit this sheet with RFP
NOTE: All of the following items must be submitted with your RFP to be considered
“responsive”. Remember to follow the Instructions in the RFP Documents.
1. INSTRUCTIONS TO PROPOSERS SIGNATURE SHEET
2. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued).
3. RFP SHEETS COMPLETELY FILLED OUT AND SIGNED.
5. COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE RFP (Attachments A-E).
____________________________
NAME/TILE
____________________________
COMPANY NAME
____________________________
ADDRESS
____________________________
CITY/STATE/ZIP
___ __________
PHONE NUMBER
___________________________________
EMAIL
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REQUEST FOR PROPOSAL
RFP NO. 2017-705
VACUUM/REGENERATIVE AIR STREET SWEEPER
RFP DUE: FRIDAY DECEMBER 1, 2017 by 10:00am
CITY OF TYBEE ISLAND, GEORGIA
JASON BUELTERMAN, MAYOR
BARRY BROWN, MAYOR PRO TEM BILL GARBETT
WANDA DOYLE JULIE LIVINGSTON
JOHN MAJOR MONTY PARKS
DOCUMENT CHECK LIST
The following documents are contained in and made a part of this RFP Package or are
required to be submitted with the RFP. It is the responsibility of the Proposer to read,
complete and sign, where indicated, and return these documents with his/her RFP.
FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFYING THE
PROPOSER
GENERAL INFORMATION AND INSTRUCTIONS TO RFP WITH
ATTACHMENTS
RFP SPECIFICATIONS
ATTACHMENTS: A. SAVE AFFIDAVIT; B. W-9/VENDOR INFORMATION; C.
PROPOSAL SHEET; D. REFERENCE SHEET; E. SIGNED CHECK LIST
Date: 11-13-17 RFP NO. 2017-705
GENERAL INFORMATION FOR INVITATION FOR RFP
This is a request for proposals for a Vacuum/Regenerative Air Street Sweeper for the
City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”). Sealed
RFPs must be received by 10:00am local time, on Friday, December 1, 2017. The
City of Tybee Island reserves the right to reject any or all RFPs.
Instructions for preparation and submission of a RFP are contained in this RFP package.
Please note that specific forms for submission of a RFP are required. RFPs must be
typed or printed in ink.
City of Tybee Island has an equal opportunity purchasing policy to assure all
procurement procedures are conducted in a manner that provides maximum open and
free competition. City of Tybee Island seeks to ensure that all segments of the business
community have access to supplying the goods and services needed by the City of Tybee
Island. The City of Tybee Island provides equal opportunity for all businesses and does 20171214AmendedCityCouncilPacket3 Page 185 of 243 20171212/jrl
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not discriminate against any persons or businesses regardless of race, color, religion,
age, sex, national origin or handicap.
PURPOSE: The City of Tybee Island, GA is seeking proposals for a
Vacuum/Regenerative Air Street Sweeper:
SPECIFICATIONS:
Pony Engine: must have at least 100 hp. (JNA is 115HP)
Pony Engine: must have at least 350 ft.lb. torque (JNA is 387 ft.lb. torque)
The hopper must be constructed of stainless steel (JNA 4003 stainless steel)
The screen must be removable without the use of tools (JNA standard option)
Hydraulic Pump must have a minimum output of 7 gpm. (JNA 8.7 GPM)
Minimum 250 gallon water tank that is baffled (JNA is 253 gallons)
There must be rear warning lights (JNA standard option)
Conventional Cab Chassis (JNA Freightliner M2 Chassis standard)
Full Employee training, including maintenance (JNA standard with every unit)
30 day delivery time (JNA stock in Mooresville, NC)
TAXES
The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will be
provided with the invoice at the time of payment, if requested.
DELIVERY: F.O.B. DESTINATION
Tybee Island Public Works 76 Polk Street Tybee Island, GA 31328
Inquiries or other need for clarification in this document, should be submitted no
later than November 24, 2017.
Questions should be addressed to: Joe Wilson, Director
jwilson@cityoftybee.org
912-658-8302
1 INSTRUCTIONS TO PROPOSERS
Purpose: The purpose of this document is to provide general and specific information
for use in submitting a RFP to supply the City of Tybee Island with equipment, supplies,
and/or services as described herein. All RFPs are governed by the Code of the City of
Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws
of the State of Georgia.
1.1 How to Prepare RFPs: All RFPs shall be:
Prepared on the forms enclosed herewith, unless otherwise prescribed, and all
documents must be submitted.
Typewritten or completed with pen and ink, signed by the business owner or 20171214AmendedCityCouncilPacket3 Page 186 of 243 20171212/jrl
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authorized representative, with all erasures or corrections initialed and dated by
the official signing the RFP. ALL SIGNATURE SPACES MUST BE SIGNED
1.2 How to Submit RFPs:
a. An original, 1 duplicate copy and one electronic copy (thumb drive)
must be submitted in a sealed opaque envelope, plainly marked with
the RFP number and title, date and time of RFP opening, and company
name.
b. Please include all documents requested to be provided.
c. All RFPs shall be mailed or hand delivered in sufficient time to ensure
receipt by the Purchasing Agent on or before the time and date
specified above. Mailing Address and Hand Delivery: City of Tybee
Island, Attn: Melissa Freeman, PO Box 2749, 403 Butler Avenue,
Tybee Island, Georgia 31328.
RFPS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL
NOT BE OPENED OR CONSIDERED.
1.3 How to Submit an Objection: Objections from Proposers to this RFP and/or
these specifications shall be brought to the attention of the City of Tybee Island
Purchasing Agent in the following manner:
a. Proposers shall either present their oral objections at that time or submit
their written objections at least two (2) days prior to the scheduled pre-RFP
conference.
b. The objections contemplated may pertain to form and/or substance of the
RFP documents. Failure to object in accordance with the above procedure
will constitute a waiver on the part of the business to protest this RFP.
1.4 Errors in RFPs: Proposers or their authorized representatives are expected to
fully inform themselves as to the conditions, requirements, and specifications
before submitting proposal(s). Failure to do so will be at the Proposer's own
risk. In case of error in extension of prices in the RFP or proposal, the unit price
will govern.
1.5 Standards for Acceptance of RFP for Contract Award: City of Tybee Island
reserves the right to reject any or all proposals and to waive any irregularities
or technicalities in proposals received whenever such rejection or waiver is in
the best interest of City of Tybee Island. City of Tybee Island reserves the right
to reject the Proposal of a Proposer who has previously failed to perform
properly or complete on time contracts of a similar nature, or a proposal from a
proposer whom investigation shows is not in a position to perform the contract.
1.6 RFP Tabulation: Tabulations for all RFPs will be posted for thirty (30) days
after the RFP is awarded on the City website, www.cityoftybee.org
1.7 Proposer: Whenever the term "proposer" is used it shall encompass the
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to City of Tybee Island in such capacity before a contract has been entered into
between such party and City of Tybee Island.
1.8 Responsible / Responsive proposer: Responsible proposer means a person or
entity that has the capability in all respects to perform fully and reliably the
contract requirements. Responsive proposer means a person or entity that has
submitted a proposal that conforms in all material respects to the requirements
set forth in the RFP.
1.9 Compliance with Laws: The proposer and/or contractor shall obtain and
maintain all licenses, permits, liability insurance, workman's compensation
insurance and comply with any and all other standards or regulations required
by federal, state, county or city statute, ordinances and rules during the
performance of any contract between the contractor and City of Tybee Island.
Any such requirement specifically set forth in any contract document between
the contractor and City of Tybee Island shall be supplementary to this section
and not in substitution thereof.
1.10 Contractor: Contractor or subcontractor means any person or business having
a contract with City of Tybee Island. The Contractor/Vendor of goods, material,
equipment or services certifies that they will follow equal employment
opportunity practices in connection with the awarded contract as more fully
specified in the contract documents.
1.11 State Licensing Board for General Contractors: If applicable, pursuant to
Georgia law, any proposer must be a Georgia licensed General Contractor
(Contractor work or activity that is unlimited in scope regarding any residential
or commercial projects).
1.12 Immigration: On 1 July 2007, the Georgia Security and Immigration
Compliance Act (SB 529, Section 2) became effective. All contractors and
subcontractors with 100 or more employees entering into a contract or
performing work must sign an affidavit that he/she has used the E-Verify
System. E-Verify is a no-cost federal employment verification system to insure
employment eligibility. No proposals will be considered unless a signed E-
Verify Affidavit is enclosed with the submittal package.
Affidavits are enclosed in this solicitation. You may download M-274
Handbook for Employers at
http://www.dol.state.ga.us/spotlight/employment/rules. You may go to
http://www.uscis.gov. to find the E-Verify information.
Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A.
50-36-1, required Georgia cities to comply with the federal Systematic Alien
Verification for Entitlements (SAVE) Program. SAVE is a federal program
used to verify that applicants for certain “public benefits” are legally present in
the United States. Contracts with the City are considered “public benefits.”
Therefore, the successful proposer will be required to provide the Affidavit
Verifying Status for City of Tybee Benefit Application prior to receiving any
City contract. The affidavit is included as part of this RFP package but is only
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Protection of Resident Workers. City of Tybee Island actively supports the
Immigration and Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination.
Under the INA, employers may hire only persons who may legally work in the
United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing the Employment
Eligibility Verification Form (I-9). The Contractor shall establish appropriate
procedures and controls so no services or products under the Contract
Documents will be performed or manufactured by any worker who is not legally
eligible to perform such services or employment.
2 GENERAL CONDITIONS
2.1 Specifications: Any obvious error or omission in specifications shall not inure
to the benefit of the proposer but shall put the proposer on notice to inquire of
or identify the same from the City of Tybee Island. Whenever herein mentioned
is made of any article, material or workmanship to be in accordance with laws,
ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar
expressions, the requirements of these laws, ordinances, etc., shall be construed
to be the minimum requirements of these specifications.
2.2 Multiple RFPs: No vendor will be allowed to submit more than one (1) RFP.
Any alternate proposals must be brought to the Purchasing Agent's attention
during the Pre-RFP Conference or submitted in writing at least five (5) days
preceding the RFP opening date.
2.3 Permitting and Approvals: The contractor that is awarded the contract will be
responsible for securing all necessary federal, state and local approvals required
for the project.
2.4 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions
quoted in his proposal will be firm for acceptance for a period of sixty (60) days
from RFP opening date, unless otherwise stated in the RFP.
2.5 Completeness: All information required by the RFP must be completed and
submitted to constitute a proper proposal.
2.6 Quality: All materials, or supplies used for the construction necessary to
comply with this proposal shall be of the best quality, and of the highest
standard of workmanship.
Workmanship employed in any construction, repair, or installation required by
this proposal shall be of the highest quality and meet recognized standards
within the respective trades, crafts and of the skills employed.
2.7 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island,
the Proposer shall unconditionally guarantee the materials and workmanship for
one (1) year on all material and/or services. If, within the guarantee period, any
defects occur which are due to faulty material and or services, the contractor at 20171214AmendedCityCouncilPacket3 Page 189 of 243 20171212/jrl
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his expense, shall repair or adjust the condition, or replace the material and/or
services to the complete satisfaction of the City of Tybee Island. These repairs,
replacements or adjustments shall be made only at such time as will be
designated by the City of Tybee Island as being least detrimental to the
operation of the City.
2.8 Liability Provisions: Where proposers are required to enter or go onto City of
Tybee Island property to take measurements or gather other information in order
to prepare the RFP as requested by the City, the proposer shall be liable for any
injury, damage or loss occasioned by negligence of the proposer, his agent, or
any person the proposer has designated to prepare the proposal and shall
indemnify and hold harmless City of Tybee Island from any liability arising
there from. The contract document specifies the liability provisions required of
the successful proposer in order to be awarded a contract with City of Tybee
Island.
2.9 Cancellation of Contract: The contract may be canceled or suspended by City
of Tybee Island in whole or in part by written notice of default to the Contractor
upon non-performance or violation of contract terms. An award may be made
to the next higher ranked Proposer, for articles and/or services specified or they
may be purchased on the open market. The defaulting Contractor (or his surety)
shall be liable to City of Tybee Island for costs to the City of Tybee Island in
excess of the defaulted contract prices. See the contract documents for complete
requirements.
2.10 Certification of Independent Price Determination: By submission of this
proposal, the Proposer certifies, and in the case of a joint proposal each party
thereto certifies as to its own organization, that in connection with this
procurement:
a. The prices in this proposal have been arrived at independently, without
consultation, communication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any other proposer
or with any competitor;
b. Unless otherwise required by law, the prices which have been quoted in
this proposal have not been knowingly disclosed by the proposer and will
not knowingly be disclosed by the proposer prior to opening, directly or
indirectly to any other proposer or to any competitor; and
c. No attempt has been made or will be made by the proposer to induce any
other person or firm to submit or not to submit a proposal for the purpose
of restricting competition.
2.11 Award of Contract: The contract, if awarded, will be awarded to the proposal
with the highest score whose base proposal meets the requirements and criteria
set forth in the RFP. The City of Tybee Mayor and Council must approve the
award. The award will take into account price among other factors as specified
in this RFP.
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procurement process or actions of the City of Tybee Island staff may be filed
with the Purchasing Agent for review and resolution. The Code of the City of
Tybee Island will control the protest.
2.13 Qualification of Business (Responsible Proposer): A responsible Proposer is
defined as one who meets, or by the date of the proposal acceptance can meet,
certifications, all requirements for licensing, insurance, and registrations, or
other documentation required by the Scope of Work, specifications and plans.
These documents will be listed in the Special Conditions further on in this
solicitation. City of Tybee Island has the right to require any or all proposers to
submit documentation of the ability to perform, provide, or carry out the service
or provide the product requested.
City of Tybee Island has the right to disqualify the proposal of any proposer as
being unresponsive or un-responsible whenever such Proposer cannot
document the ability to deliver the requested product or service.
2.14 Compliance with Specification - Terms and Conditions: The RFP, Legal
Advertisement, General Conditions and Instructions to Proposers,
Specifications, Special Conditions, Vendor's RFP, Addendum, and/or any other
pertinent documents form a part of the Proposer’s proposal and by reference are
made a part hereof.
2.15 Signed RFP Considered Offer: The signed Proposal shall be considered an
offer on the part of the Proposer, which offer shall be deemed accepted upon
approval by the City of Tybee Island Mayor and Council, Purchasing Agent or
designee, as may be applicable. In case of a default on the part of the Proposer
after such acceptance, City of Tybee Island may take such action as it deems
appropriate, including legal action for damages or lack of required performance.
2.16 Notice to Proceed: The successful proposer shall not commence work under
this RFP until a written contract is awarded and a Notice to Proceed is issued
by the Purchasing Agent or his designee, or as specified in the Special
Conditions. If the successful Proposer does commence any work or deliver
items prior to receiving official notification, he does so at his own risk.
2.17 Payment to Contractors: Instructions for invoicing the City of Tybee Island
for products delivered to the City of Tybee Island are specified in the contract
document.
a. Questions regarding payment may be directed to the Accounting
Department at 912-472-5024 or City of Tybee Island’s Project Manager as
specified in the contract documents.
b. Contractors will be paid the agreed upon compensation upon satisfactory
delivery of the products or completion of the work as more fully described
in the contract document.
c. Upon completion of the work or delivery of the products, the Contractor
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8
suppliers, persons or businesses employed by the Contractor for the work
performed for the City of Tybee Island have been paid in full.
d. City of Tybee Island is a tax exempt entity. Every contractor, vendor,
business or person under contract with City of Tybee Island is required by
Georgia law to pay State sales or use taxes for products purchased in
Georgia or transported into Georgia and sold to City of Tybee Island by
contract. Please consult the State of Georgia, Department of Revenue, Sales
and Use Tax Unit in Atlanta (404) 656-4065 for additional information.
2.18 Owner’s Rights Concerning Award: The Owner reserves the right, and sole
and complete discretion to waive technicalities and informalities. The Owner
further reserves the right, and sole and complete discretion to reject all RFPs
and any RFP that is not responsive or that is over the budget, as amended, or
that fails to suit the needs of the City as determined by the Owner in its sole
discretion. In judging whether the Proposer is responsible, the Owner will
consider, but is not limited to consideration of, the following:
a. Whether the Proposer or principals are currently ineligible, debarred,
suspended, or otherwise excluded from contracting by any state or federal
agency, department, or authority;
b. Whether the Proposer or principals have been terminated for cause or are
currently in default on a public works contract;
c. Whether the Proposer can demonstrate a commitment to safety with regard
to Workers' Compensation by having an experience Modification Rate
(EMR) over the past three years not having exceeded an average of 1.2;
and
d. Whether the Proposer’s past work provides evidence of an ability to
successfully complete public works projects within the established time,
quality, or cost, or to comply with the Proposer’s contract obligations.
2.19 Cone of Silence:
Lobbying of Procurement Evaluation Committee members, City employees,
and elected officials regarding this product or service solicitation, Request for
Proposal (RFP) or contract by any member of a proposer’s staff, or those people
employed by any legal entity affiliated with an organization that is responding
to the solicitation is strictly prohibited. Negative campaigning through the mass
media about the current service delivery is strictly prohibited. Such actions may
cause your proposal to be rejected.
2.20 GEORGIA OPEN RECORDS ACT - The responses will become part of the
City of Tybee Island’s official files without any obligation on the City of Tybee
Island’s part. Ownership of all data, materials and documentation prepared for
and submitted to City of Tybee Island in response to a solicitation, regardless of
type, shall belong exclusively to City of Tybee Island and will be considered a
record prepared and maintained or received in the course of operations of a
public office or agency and subject to public inspection in accordance with the 20171214AmendedCityCouncilPacket3 Page 192 of 243 20171212/jrl
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Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-
18-70, et. Seq., unless otherwise provided by law.
It is the responsibility of the Proposer to notify the City of any documents turned
over which may contain trade secrets or other confidential matters. A Proposer
submitting records which the entity or person believes contains trade secrets
that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-
72(34) shall submit and attach to the records an affidavit affirmatively declaring
that specific information in the records constitute trade secrets pursuant to
Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia.
Proposals will not be opened in public, and the information is exempt from
disclosure, including the Open Records Act until such time as the RFP has been
awarded, or all proposals have been rejected.
City of Tybee Island shall not be held accountable if material from responses is
obtained without the written consent of the proposer by parties other than the
City of Tybee Island, at any time during the solicitation and evaluation process.
2.21 GEORGIA TRADE SECRET ACT of 1990 - In the event a Proposer submits
trade secret information to the City of Tybee Island; the information must be
clearly labeled as a Trade Secret. The City of Tybee Island will maintain the
confidentiality of such trade secrets to the extent provided by law.
2.22 CONTRACTOR RECORDS -The Georgia Open Records Act is applicable to
the records of all contractors and subcontractors under contract with the City of
Tybee Island. This applies to those specific contracts currently in effect and
those which have been completed or closed for up three (3) years following
completion.
3 SCORING MATRIX
SELECTION CRITERIA
The following weighted criteria will be utilized to select the award of this contract:
Sweeper design and features – 50 points
Price, including delivery fees – 35 points
Reputation and References – 15 points
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INSTRUCTIONS TO PROPOSERS – SIGNATURE SHEET
CITY OF TYBEE ISLAND
CHATHAM COUNTY, GEORGIA
The Proposer certifies that he/she has examined all documents contained in this RFP package, and
is familiar with all aspects of the proposal and understands fully all that is required of the successful
Proposer. The Proposer further certifies that his/her RFP shall not be withdrawn for sixty (60) days
from the date on which his proposal is submitted to the City.
The Proposer agrees, if awarded this RFP, he/she will:
A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items
indicated thereon as specified in this proposal for the RFP amount; or,
B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to
provide the service and/or accomplish the work as stated and/or specified in this proposal for the
proposal amount.
Johnston North America
11/29-17
COMPANY DATE
Dwayne Murner Regional Sales Manager
SIGNATURE TITLE
704-680-2060
TELEPHONE NUMBER
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ATTACHMENT A
O.C.G.A. § 50-36-1(e)(2) SAVE Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____Street
Sweeper________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1,
from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the
following with respect to my application for a public benefit:
1) _____X____ I am a United States citizen.
2) _________ I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and
Nationality Act with an alien number issued by the Department of Homeland
Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency is:____________________.
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has
provided at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_____________________________________________________________________.
In making the above representation under oath, I understand that any person who knowingly and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be
guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such
criminal statute.
Executed in _____Mooresville______________ (city), _______NC___________(state).
___Dwayne
Murner______________________________
Signature of Applicant
Dwayne
Murner_____________________________
Printed Name of Applicant
SUBSCRIBED AND SWORN BEFORE ME ON THE __21_ DAY OF ___November________,
20__17__
_________________________
NOTARY PUBLIC
My Commission Expires:
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ATTACHMENT B
What products/services do you provide to the City of Tybee Island?
_____Sweeper___________________________________________________________
_
To whom shall we direct the Purchase Order?
Contact:___Dwayne Murner___________________
Email:______dwayne.murner@johnstonnorthamerica.com_________________
Phone#___________704-680-2060___________________ Fax#_____704-658-
1377___________________________
Location: ______Mooresville, NC
28115__________________________________________________
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A/R Contact: _____Colin Madden__________________
Email:______________________Colin.madden@johnstonnorthamerica.com___________
Phone#____704-658-1333_________________________ Fax#______704-658-
1377__________________________
Remittance Address:____105 Motorsports rd, Mooresville, NC
28115____________________________________________________
Our terms are Net 30.
ATTACHMENT C
PROPOSAL SHEET
VACUUM/REGENERATIVE AIR STREET SWEEPER
RFP # 2017-705
TOTAL COST OF SWEEPER:
$______180,000.00__________
TOTAL COST OF DELIVERY:
$_________0.00______
TOTAL PROPOSAL AMOUNT:
$_______180,000.00__________
___Johnston North America_______________________ (Firm)
___Dwayne Murner_______________________ (Signature)
__Regional Sales Manager________________________ (Title)
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* THIS DOCUMENT SHOULD BE ENCLOSED IN AN OPAQUE ENVELOPE.
ATTACHMENT D
REFERENCES
RFP 2017-705
PROPOSER: ______Johnston North
America____________________________________________________________
COMPANY NAME: __________Town of Wake Forest,
NC____________________________________________________________________
ADDRESS: _____________301 South Brooks
st._________________________________________________________________________
CITY: _________Wake Forest________________________________________ STATE: ____NC________ZIP:
____27587_____________
CONTACT PERSON: ______Ronald Moore____________________________________PHONE: _____919-554-
6119_____________________
PHONE NUMBER: __________________________EMAIL:
_______WWW.wakeforestnc.gov_____________________________________
COMPANY NAME: __________City of Charlotte,
NC____________________________________________________________________
ADDRESS: ________________311 Meek
drive______________________________________________________________________
CITY: __________Charlotte_______________________________________ STATE: ___NC_________ZIP:
_______28266__________
CONTACT PERSON: _____Noles Scott_____________________________________PHONE: ____704-336-
4285______________________
PHONE NUMBER: __________________________EMAIL:
___WWW.charlottenc.gov_________________________________________
COMPANY NAME: __________City of Greer,
SC____________________________________________________________________
301 East Poinsett Street
ADDRESS: ______________________________________________________________________________________
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CITY: ________Greer_________________________________________ STATE: _____SC_______ZIP:
_______29651__________
CONTACT PERSON: _____Skip Seifert_____________________________________PHONE: __________864-848-
2184________________
PHONE NUMBER: __________________________EMAIL:
_____www.cityofgreer.org_______________________________________
COMPANY NAME: ___________City of Asheville,
NC___________________________________________________________________
ADDRESS: __________70 Court
Plaza____________________________________________________________________________
CITY: _________Asheville________________________________________ STATE: ____NC________ZIP:
__________28715_______
CONTACT PERSON: _______Tony Chapman___________________________________PHONE: ____828-259-
5973______________________
PHONE NUMBER: __________________________EMAIL:
______www.ashevillenc.gov______________________________________
COMPANY NAME: ________City of Shelby,
NC______________________________________________________________________
ADDRESS: ___________820 West Grover
Street___________________________________________________________________________
CITY: __________Shelby_______________________________________ STATE: ______NC______ZIP:
___________28150______
CONTACT PERSON: _____Scott Black_____________________________________PHONE:
__________________________
PHONE NUMBER: __704-484-6846________________________EMAIL:
____www.cityofshelby.com________________________________________
ATTACHMENT E
CHECKLIST FOR SUBMITTING RFP
Sign below and submit this sheet with RFP
NOTE: All of the following items must be submitted with your RFP to be considered
“responsive”. Remember to follow the Instructions in the RFP Documents.
1. INSTRUCTIONS TO PROPOSERS SIGNATURE SHEET
2. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued).
3. RFP SHEETS COMPLETELY FILLED OUT AND SIGNED.
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Dwayne Murner Regional Sales Manager ____________________________
NAME/TILE
Johnston North America ____________________________
COMPANY NAME
105 Motorsports Road ____________________________
ADDRESS
Mooresville, NC 28115 ____________________________
CITY/STATE/ZIP
704-680-2060 ___ __________
PHONE NUMBER
____dwayne.murner@johnstonnorthamerica.com_______________________________
EMAIL
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Scoring Matrix RFP 2017-705 Street Sweeper
Possible
Points
Joe
Wilson
Cory
Lauber TOTAL
Johnston North America 100 100 100 200
Sweeper Design and Features 50 50 50 100
Price, including delivery fees 35 35 30 65
Reputation and References 15 15 15 30
TOTAL 100 95 195
Possible
Points
Nitehawk Sweepers 100 100 100 SCORE
Sweeper Design and Features 50 30 25 55
Price, including delivery fees 35 15 10 25
Reputation and References 15 10 15 25
TOTAL 55 50 105
Possible
Points
Tractor & Equipment Co 100 100 100 SCORE
Sweeper Design and Features 50 45 45 90
Price, including delivery fees 35 15 10 25
Reputation and References 15 10 10 20
TOTAL 70 65 135
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1657048.1
ORDINANCE NO. 14-2017
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA, SO AS TO CREATE A NEW SECTION RELATING TO
CONSUMER FIREWORKS AND FIREWORKS AND
TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires add to Article III, Section 42-66 as to
consumer fireworks and fireworks, to repeal conflicting ordinances and for other purposes.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that The Code of the City of Tybee Island, Georgia, Article V, Section 42-66,
Fireworks, is hereby added and the Code is amended so that hereafter the section and Code shall
read as hereinafter provided.
SECTION 1
The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Article
III, Chapter 42, to be amended so as to add sections relating to consumer fireworks and
fireworks, and the Code is hereby amended to add Section 42-66 to hereafter read as shown
below.
SECTION 2 Sec. 42-66.
Except as expressly permitted by state law or as otherwise provided herein, the discharge
of consumer fireworks within the city at other than permitted events shall be unlawful.
(a) All words or phrases specifically defined in O.C.G.A. § 25-10-1 and used herein
shall have the definition attributed to such word or phrase as provided in O.C.G.A. § 25-10-1, et
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seq. Consumer fireworks may only be used and sold as provided in the provisions of O.C.G.A. §
25-10-1 and except as otherwise provided herein.
(b) Any producer of an event desiring to conduct a public display of fireworks shall
first obtain a permit from the Judge of the Probate Court of Chatham County in accordance with
the provisions set forth under state law. A special use permit shall be required for anyone
seeking to use, ignite, or cause to be ignited consumer fireworks beyond the time within which
fireworks may be used under state law or outside of those time limits established under state law.
In the absence of a special use permit granted by the city, fireworks may not be used from 9:00
p.m. until 11:59 p.m. on any day other than specific holidays authorized by state law and shall
not be used in violation of the city noise ordinance. Except as specifically authorized by state
law or herein, consumer fireworks may not be used, ignited, or caused to be ignited after 12:00
Midnight.
(c) Consumer fireworks may not be used indoors or within the right of way of any
public road, street, or highway, or in any other location specifically prohibited by state law and,
further, may not be used, ignited, or caused to be ignited on any property wherein its use has not
been authorized by the property owner or individual or entity in control thereof, including the
property of the city of Tybee Island.
(d) Consumer fireworks may not be used within 100 yards of a facility engaged in
retail gasoline sales or storage or any facility engaged in producing, refining, processing or
blending any flammable liquid or gas(es) for sale or within 100 yards of any electric substation.
(e) Consumer fireworks may not be used, ignited, or caused to be ignited in Jaycee
Park, Memorial Park, the beach of the city, or any other property, including but not limited to
any park, historic site, recreational area or other property owned, operated by, and/or under the
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control of the city unless a special use permit therefor has been granted. Special use permits
shall require a fee of $100.00.
(f) Consumer fireworks may not be used, ignited, or caused to be ignited by any
person under the influence of alcohol or any drug or any combination thereof to the extent that it
is less safe or unlawful for such person to ignite consumer fireworks or as provided in O.C.G.A.
§ 25-10-2.1.
(g) It shall be unlawful to use, ignite, or cause to be ignited any consumer fireworks
within one hundred (100) yards of a nursing home. This prohibition shall not apply to the owner
or operator of a nursing home facility.
(h) It shall be unlawful to use, ignite, or cause to be ignited any consumer fireworks
in such a manner as to endanger the safety of life, limb, health or property of any person.
(i) Consumer fireworks may only be stored for sale and/or sold by distributors
licensed as provided by state law from locations within C-1 zoning subject to the additional
restrictions set forth under state law. From the effective date of this ordinance until January 31,
2018, temporary consumer fireworks retail locations must additionally secure a license as
provided under O.C.G.A. Section 25-10-5.1(c).
SECTION 3
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 4
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1657048.1
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 5
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 6
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
ADOPTED THIS DAY OF , 2017.
______________________________ MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
572/1/Ordin 2017/14-2017 Fireworks 07.06.17 Rev 07.17.17 Rev 10.24.17
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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: 12.14.17
Item: Correcting an error to recently amended Erosion and Sedimentation ordinance.
Explanation: Evidently one sentence did not get included when the E & S ordinance was amended last year to
meet State code requirements.
Budget Line Item Number (if applicable):
Paper Work: Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: George B.Shaw
Phone / Email: gshaw@cityoftybee.org
Comments: Staff recommends approval as this is a requirement of State code.
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1655454.1
CORRECTIVE ORDINANCE NO. 18-2017
AN ORDINANCE TO CORRECT THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO ARTICLE 15 RELATING TO SOIL EROSION, SEDIMENTATION AND
POLLUTION CONTROL,
TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, apparently through error, a portion of the definition reflected below was
omitted.
NOW, THEREFORE, It is hereby ordained by the governing authority of the City of
Tybee Island that The Code of the City of Tybee Island, Article 15, Soil Erosion, Sedimentation
and Pollution Control, be corrected so that hereafter Definition No. 18, Final Stabilization, shall
read as hereinafter provided.
SECTION 1
The Code of Ordinances, Article 15, Soil Erosion, Sedimentation and Pollution Control,
Definition No. 18, Final Stabilization, shall be eliminated in its entirety and the following
substituted in its place.
SECTION 2 Article 15, Soil Erosion, Sedimentation and Pollution Control, Definition No. 18, Final
Stabilization, shall hereinafter read as corrected as follows:
Final Stabilization: All soil disturbing activities at the site have been completed, and
that for unpaved areas and areas not covered by permanent structures and areas located outside
the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal,
100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or
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greater, or landscaped according to the Plan (uniformly covered with landscaping materials in
planned landscape areas), or equivalent permanent stabilization measures as defined in the
Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate
for the region). Final stabilization applies to each phase of construction.
SECTION 3
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 4
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 5
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 6
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2017.
______________________________ MAYOR
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ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Tybee/571.000001/Ordin/18-2017, Soil Erosion, Def 18 12.07.17
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" S e c . 3 4 - 2 6 2 . - R e g u l a t o r y R e g i s t r a t i o n f e e / r e n e w a l .
( a ) T h e s h o r t - t e r m v a c a t i o n r e n t a l a p p l i c a t i o n s h a l l b e a c c o m p a n i e d b y a n i n i t i a l r e g u l a t o r y r e g i s t r a t i o n f e e a n d b e s u b j e c t t o a n a n n u a l r e g i s t r a t i o n f e e e v e r y J a n u a r y 1 t h e r e a f t e r , a s e s t a b l i s h e d b y t h e m a y o r a n d c i t y c o u n c i l .
( 1 ) T h e 2 0 1 6 r e n t a l r e g i s t r a t i o n f e e s h a l l b e $ 0 . 0 0 p e r r e n t a l u n i t .
( 2 1 ) T h e a n n u a l r e g u l a t o r y r e g i s t r a t i o n f e e t h e r e a f t e r s h a l l b e $ 1 0 0 . 0 0 2 5 . 0 0 p e r r e n t a l u n i t . A r e g u l a t o r y r e g i s t r a t i o n f e e i s v a l i d f r o m t h e d a t e t h e c o m p l e t e d r e g i s t r a t i o n a p p l i c a t i o n i s f i l e d w i t h t h e c i t y a n d p a y m e n t o f t h e r e g i s t r a t i o n r e g u l a t o r y f e e h a s b e e n m a d e . T h e a n n u a l r e g i s t r a t i o n f e e s h a l l b e d u e J a n u a r y 1 o f e a c h y e a r a n d i f n o t p a i d w i t h i n 9 0 d a y s t h e r e o f s h a l l b e s u b j e c t t o d e l i n q u e n c y a n d p e n a l t i e s p r o v i s i o n s o f s e c t i o n 5 8 - 1 6 3 a s a p p l i c a b l e t o o c c u p a t i o n t a x . / b u s i n e s s l i c e n s e p r o v i s i o n s a s w e l l a s t h e r e v o c a t i o n o f a n y r i g h t t o u s e t h e u n i t f o r w h i c h p a y m e n t i s n o t m a d e , f o r s h o r t t e r m r e n t a l p u r p o s e s . . E v e r y p e r s o n h o l d i n g a l i c e n s e a s s p e c i f i e d h e r e i n s h a l l s e c u r e t h a t s u c h l i c e n s e w i t h i n 9 0 d a y s a f t e r J a n u a r y 1 o f
e a c h y e a r , a n d s h a l l p a y t h e r e g u l a t o r y f e e a s p r o v i d e d h e r e i n i n a d d i t i o n t o t h e r e q u i r e d o c c u p a t i o n t a x f o r s a m e a s h e r e i n p r o v i d e d .
( b ) E a c h p r o p e r t y s h a l l b e i s s u e d a r e g i s t r a t i o n n u m b e r .
( c ) F a i l u r e t o r e g i s t e r a s p r e s c r i b e d b y t h i s l a w w i l l r e s u l t i n a f i n e o f $ 1 0 0 . 0 0 f o r e a c h m o n t h t h a t t h e u n i t
c o n t i n u e s t o o p e r a t e w i t h o u t r e g i s t r a t i o n .
( d ) T h e a n n u a l r e g i s t r a t i o n o f a u n i t a n d t h e r e g u l a t o r y f e e i s a r e n o t t r a n s f e r r a b l e a n d , s h o u l d o w n e r s h i p o f a u n i t c h a n g e , a n e w r e g i s t r a t i o n i s r e q u i r e d e v e n i f t h e s a m e m a n a g e m e n t c o m p a n y c o n t i n u e s t o m a n a g e t h e p r o p e r t y . T h e n e w r e g u l a t o r y f e e f o r t h e n e w o w n e r s h a l l b e a p r o - r a t e d a m o u n t b a s e d o n t h e d a t e o f c l o s i n g a n d i f t h e c l o s i n g i s a f t e r J u l y 1 o f t h e y e a r , t h e r e g u l a t o r y f e e f o r t h e n e w o w n e r s h a l l b e $ 5 0 . 0 0 .
( e ) I n t h e e v e n t a m a n a g e m e n t c o m p a n y c h a n g e s , t h e u n i t i s t o b e r e - r e g i s t e r e d b y n o t i c e t o t h e c i t y a n d t h e r e g u l a t o r y f e e w i l l b e $ 5 0 . 0 0 i f t h e m a n a g e m e n t c o m p a n y c h a n g e i s a f t e r J u l y 1 ; o t h e r w i s e t h e f e e i s t o b e $ 1 0 0 . 0 0 . a n e w r e g i s t r a t i o n w i l l b e r e q u i r e d w i t h a f e e o f $ 2 5 . 0 0 t o c o v e r a d m i n i s t r a t i v e c o s t s .
"
" S e c . 3 4 - 2 6 4 . - S i g n s .
A l l o n e - a n d t w o - f a m i l y S T V R u n i t s s h a l l p o s t a s i g n v i s i b l e f r o m t h e s t r e e t l i s t i n g e m e r g e n c y c o n t a c t n a m e a n d p h o n e n u m b e r . S u c h s i g n s h a l l n o t e x c e e d 2 4 i n c h e s � 2 4 i n c h e s . T h e e m e r g e n c y c o n t a c t n a m e
a n d n u m b e r s h a l l b e t h e S T V R a g e n t a s r e q u i r e d b y S e c t i o n 3 4 - 2 6 0 ( d ) u n l e s s o t h e r w i s e s p e c i f i e d t o a n d
a p p r o v e d b y t h e c i t y s t a f f a n d a n y r e n t a l a g e n c y i n v o l v e d . S u c h s i g n s a r e r e q u i r e d t o b e r e a d i l y v i s i b l e a n d , a s t h e p u r p o s e o f t h e r e q u i r e d s i g n i s t o e n a b l e c i t y o f f i c e r s a n d t h i r d p a r t i e s t o i d e n t i f y a p p r o p r i a t e c o n t a c t s f o r i s s u e s w i t h t h e p r o p e r t y a m d / o r t h e o c c u p a n t s , t h e s i g n s h a l l b e l o c a t e d c o n s i s t e n t w i t h t h a t p u r p o s e a n d m a y b e p l a c e d a t s u c h l o c a t i o n a s a p p r o v e d b y s t a f f c o n s i s t e n t w i t h t h a t p u r p o s e . M u l t i - f a m i l y u n i t s s h a l l
p o s t a s i g n v i s i b l e f r o m o u t s i d e t h e u n i t l i s t i n g t h e r e q u i r e d e m e r g e n c y c o n t a c t n a m e a n d p h o n e n u m b e r . M u l t i - f a m i l y u n i t s i g n s s h a l l n o t S u c h s i g n s s h a l l n o t e x c e e d 8 � i n c h e s � 1 1 i n c h e s . V a l l s u c h s i g n s s h a l l b e l o c a t e d a t l o c a t i o n s a p p r o v e d b y s t a f f c o n s i s t e n t w i t h t h e p u r p o s e o f t h e s i g n r e q u i r e m e n e t s . a r i a n c e s t o t h i s s i g n r u l e m a y b e a d m i n i s t e r e d b y s t a f f .
( O r d . N o . 2 0 1 6 - 0 7 B , 5 - 2 6 - 2 0 1 6 )
" S e c . 3 4 - 2 6 5 . - E m e r g e n c y c o n t a c t .
A l l S T V R u n i t s s h a l l b e f u r n i s h e d w i t h a t e l e p h o n e t h a t i s c o n n e c t e d t o a l a n d l i n e o r s i m i l a r t y p e c o n n e c t i o n , i n c l u d i n g a v o i c e o v e r i n t e r n e t p r o t o c o l , i n o r d e r t h a t 9 1 1 d i s p a t c h m a y b e a b l e t o r e a d i l y i d e n t i f y t h e a d d r e s s a n d / o r l o c a t i o n f r o m w h e r e t h e c a l l i s m a d e w h e n d i a l e d . S T V R a p p l i c a n t s a n d a g e n t s a r e t o w o r k w i t h c i t y s t a f f a s t o t h e i m p l e m e n t a t i o n o f s u c h e m e r g e n c y c o n t a c t f a c i l i t i e s o r e q u i p m e n t a n d ,
F o r m a t t e d : S p a c e B e f o r e : 0 p t , A f t e r : 2 . 4 p t , N o b u l l e t s o r n u m b e r i n g , F o n t A l i g n m e n t : A u t o
2 0 1 7 1 2 1 4 A m e n d e d C i t y C o u n c i l P a c k e t 3 P a g e 2 1 1 o f 2 4 3 2 0 1 7 1 2 1 2 / j r l
X:\Clients\000572\000001\ORDIN 2017\16-2017 REDLINE.docx
until the appropriate connection for emergency contact is established, occupancy of the STVR location without the connection is prohibited.
•
Formatted: Font: 7 pt
Formatted: Font: 7 pt
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1611398.1
ORDINANCE NO. 16-2017-A
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO THE OPERATION OF SHORT TERM RENTAL
PROPERTIES AND TO MAKE CHANGES THEREIN TO ELIMINATE AMBIGUITIES AND TO CLARIFY THE IMPOSITION OF
REGULATORY FEES OF SUCH PROPERTIES
AND TO REVISE REQUIREMENTS REGARDING
EMERGENCY NOTIFICATION AND FOR OTHER PURPOSES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public health,
safety, and welfare of the citizens of Tybee Island, Georgia;
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under it police,
zoning, and home rule powers;
WHEREAS, the Code of Ordinances at Sections 34-260 through 34-265 deal with
the topic of short term rentals; and
WHEREAS, the operation of short term vacation rental properties necessitates
City time and resources devoted to the operations of such properties beyond the time and
resources necessary for other properties; and
WHEREAS, revisions thereto are appropriate and necessary in connection with
registration/regulatory aspects and for the deletion of telephone landline requirements
when appropriate methods exist for establishing the location of the origination of an
emergency call.
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1611398.1
NOW, THEREFORE, Be it ordained by the Mayor and Council of the City of
Tybee Island in open meeting that the Code of Ordinances, Sections 34-260 through 34-
265, be amended so that hereafter the sections and subsections addressed below shall read
as hereinafter provided.
SECTION 1
The Code of Ordinances is hereby amended as to Sections 34-260(a), 34-
261(c)(6), 34-262(a), (d) and (e), 34-264 and 34-265 so that hereafter the section and
subsections addressed below shall hereinafter read as provided below:
Sec. 34-260. Purpose and intent.
(a) The purpose of this article is to establish regulations for the use of
dwelling units as short-term vacation rentals and to ensure the collection and payment of
hotel/motel taxes and fees, occupation taxes and certificate fees and all other regulatory
and other fees adopted as applicable thereto.
. . .
Sec. 34-261. Applications.
This Section is amended so as to eliminate subsection (c)(6) in its entirety.
. . .
Sec. 34-262. Regulatory fee/renewal.
(a) The short term rental application shall be accompanied by an initial
regulatory fee and subject to an annual fee every January 1 thereafter as established by
the mayor and council.
Section (1) is deleted in its entirety and replaced as follows:
(1) The annual regulatory fee shall be $100 per rental unit. A
regulatory fee is valid from the date the completed application is filed with the city and
the payment of the regulatory fee has been made. The fee shall be due January 1 of each
year and, if not paid within 90 days thereof, shall be subject to the delinquency and
penalty provisions of Section 58-163 as applicable to occupation tax/business license
provisions as well as the revocation of any right to use the unit for which payment is not
made, for short term rental purposes. Every person holding a license as specified herein
shall secure such license within 90 days of January 1 of each year and shall pay the
regulatory fee as provided herein in addition to the required occupation tax.
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1611398.1
(d) The annual registration of a unit and the regulatory fee are not
transferrable and, should ownership of a unit change, a new registration is required even
if the same management company continues to manage the property. The new regulatory
fee for the new owner shall be a pro-rated amount based on the date of closing and, if the
closing is after July 1 of the year, the regulatory fee for the new owner shall be $50.00.
(e) In the event a management company changes, the unit is to be re-
registered by notice to the city and the regulatory fee will be $50.00 if the management
company change is after July 1; otherwise, the fee is to be $100.00.
Sec. 34-264. Signs.
All one- and two-family STVR units shall post a sign visible from the street
listing the emergency contact name and phone number. Such sign shall not exceed 24
inches x 24 inches. The emergency contact name and number shall be the STVR agent as
required by Section 34-260(d) unless otherwise specified to and approved by the city
staff and any rental agency involved. Such signs are required to be readily visible and, as
the purpose of the required sign is to enable city officers and third parties to identify
appropriate contacts for issues with the property and/or the occupants, the sign shall be
located consistent with that purpose and may be placed at such location as approved by
staff consistent with that purpose. Multi-family units shall post a sign visible from
outside the unit listing the required emergency contact name and phone number. Multi-
family unit signs shall not exceed 8-1/2 inches x 11 inches. All such signs shall be
located at locations approved by staff consistent with the purpose of the sign
requirements.
Sec. 34-265. Emergency contact.
Section 34-265 is deleted in its entirety.
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 judgment or decree of any court of
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1611398.1
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 , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Tybee/Ordinances 2017/16-2017-A STVR FEES 12.06.17
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" S e c . 5 8 - 1 7 9 . - R e g u l a t o r y f e e s ; s c h e d u l e .
A n y b u s i n e s s o f t h e t y p e l i s t e d b e l o w o p e r a t i n g w i t h i n t h e c i t y s h a l l p a y a r e g u l a t o r y f e e , e v e n i f s u c h
b u s i n e s s h a s p a i d a b u s i n e s s t a x i n S a v a n n a h , T y b e e I s l a n d o r a n o t h e r j u r i s d i c t i o n , a n d r e g u l a t o r y f e e s a s
d e f i n e d i n s e c t i o n 5 8 - 1 5 4 ( b ) a r e e s t a b l i s h e d f o r t h o s e b u s i n e s s e s o p e r a t i n g w i t h i n t h e c o r p o r a t e l i m i t s o f t h e
c i t y , a c c o r d i n g t o t h e f o l l o w i n g s c h e d u l e s :
A l c o h o l i c B e v e r a g e s
S I C L i c e n s e C l a s s i f i c a t i o n F e e
5 8 1 3 R e t a i l b e e r / w i n e - s a l e b y p a c k a g e o n l y ; c o n s u m p t i o n o n p r e m i s e s p r o h i b i t e d $ 3 5 0 . 0 0
5 8 3 9 R e t a i l b e e r / w i n e - s a l e b y d r i n k f o r c o n s u m p t i o n o n p r e m i s e s o n l y $ 5 7 5 . 0 0
5 8 1 5 R e t a i l l i q u o r - s a l e b y p a c k a g e o n l y ; c o n s u m p t i o n o n p r e m i s e s p r o h i b i t e d $ 8 5 0 . 0 0
5 8 1 6 R e t a i l l i q u o r - s a l e b y d r i n k f o r c o n s u m p t i o n o n p r e m i s e s o n l y $ 1 , 2 5 0 . 0 0
5 8 1 8 R e t a i l l i q u o r - s a l e b y p a c k a g e a n d d r i n k b o t h i n o n e b u i l d i n g u n d e r o n e
o w n e r s h i p $ 2 , 0 0 0 . 0 0
5 8 8 1 W h o l e s a l e b e e r $ 7 6 5 . 0 0
5 1 8 3 W h o l e s a l e l i q u o r $ 1 , 5 0 0 . 0 0
5 1 8 2 W h o l e s a l e w i n e $ 1 5 0 . 0 0
2 0 8 0 D i s t i l l e r , b r e w e r , o r m a n u f a c t u r e r o f a l c o h o l i c b e v e r a g e s $ 3 0 0 . 0 0
S p e c i a l e v e n t - b e e r , w i n e , l i q u o r ; s p e c i a l e v e n t - b e e r , w i n e , l i q u o r
( e s t a b l i s h m e n t s n o t h o l d i n g c u r r e n t l i c e n s e )
$ 5 0 . 0 0 p e r d a y ;
$ 1 0 0 . 0 0 , 3 - d a y
S p e c i a l e v e n t - b e e r , w i n e , l i q u o r ( e s t a b l i s h m e n t s h o l d i n g c u r r e n t l i c e n s e ) $ 1 0 . 0 0 p e r e v e n t
S u n d a y s a l e s f o r p a c k a g e o n l y , i n a d d i t i o n t o a l l o t h e r r e g u l a t o r y f e e s a n d t a x e s $ 5 0 . 0 0
M i s c e l l a n e o u s
L i c e n s e C l a s s i f i c a t i o n F e e
A d v e r t i s i n g , o f f - p r e m i s e s ( b i l l b o a r d s ) T I C S e c . 8 - 4 - 2 4 : 3 2 s q u a r e f e e t ( 4 ' � 8 ' ) $ 5 0 . 0 0
1 2 8 s q u a r e f e e t ( 8 ' � 1 6 ' ) $ 7 5 . 0 0
1 9 2 s q u a r e f e e t ( 1 2 ' � 1 6 ' ) $ 1 0 0 . 0 0
2 8 8 s q u a r e f e e t ( 1 2 ' � 2 4 ' ) $ 1 2 5 . 0 0
A m u s e m e n t s , i t i n e r a n t ( c i r c u s , c a r n i v a l ) T I C 7 - 1 - 1 / 7 - 1 - 4 $ 7 5 . 0 0 p e r d a y ;
$ 6 0 0 . 0 0 m a x i m u m
B e a c h e q u i p m e n t , b e a c h v e h i c l e , a n d w a t e r c r a f t r e n t a l , p e r s i t e T I C 9 - 3 -
3 0 / 9 - 3 - 3 6 $ 3 0 0 . 0 0
B o o k a n d m a g a z i n e c a n v a s s e r ; r e g i s t r a t i o n f e e $ 4 5 . 0 0
B u i l d i n g a n d c o n s t r u c t i o n c o n t r a c t o r s , s u b c o n t r a c t o r s a n d t r a d e s m e n , l i c e n s e d i n a n o t h e r j u r i s d i c t i o n ; r e g i s t r a t i o n f e e $ 2 0 . 0 0
E s c o r t $ 5 0 0 . 0 0
L i v e e n t e r t a i n m e n t $ 5 0 . 0 0
M a s s e u s e $ 2 5 0 . 0 0
P r i v a t e P a r k i n g L o t s R e s i d e n t i a l l y Z o n e d 1 . 0 0
2 0 1 7 1 2 1 4 A m e n d e d C i t y C o u n c i l P a c k e t 3 P a g e 2 1 7 o f 2 4 3 2 0 1 7 1 2 1 2 / j r l
X:\Clients\000572\000001\ORDIN 2017\17-2017 - REDLINE
Regulatory Fees Sec 58-179.docx
License Classification Fee
Commercial $200.00
Promoter — special events, pageants, festivals, exhibitions, sporting
events, shows, etc.
—Per single event TIC 7-1-1/-4 $50.00
—Transient merchant TIC 9-1-20 $75.00 per day
Short term vacation rentals $100 per STVR unit as provided in Sec 34-256 et seq
Transient rentals; registration fee $45.00
Vendor, festival hawker $25.00 per day
Vendor, arts and crafts $25.00 per event
Notwithstanding any other provision of this section, a business that is already licensed and paying an
occupation tax to Tybee shall not have to pay a regulatory fee in connection with vending activities as long
as such activities are limited to the same line of product or service covered by the occupational tax paid.
(Code 1983, § 3-2-72; Ord. No. 12-2010, 7-22-2010; Ord. No. 51-2011, 12-8-2011; Ord. No. 08-2012, 8-23-
2012; Ord. No. 20-2014, § 1, 3-13-2014)
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1611398.1
ORDINANCE NO. 17-2017
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO REGULATORY FEES FOR SHORT TERM VACATION
RENTALS AND TO CLARIFY THE IMPOSITION OF REGULATORY FEES OF SUCH PROPERTIES
AND FOR OTHER PURPOSES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public health,
safety, and welfare of the citizens of Tybee Island, Georgia;
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under it police,
zoning, and home rule powers;
WHEREAS, the operation of short term vacation rental properties necessitates
City time and resources devoted to the operations of such properties beyond the time and
resources necessary for other properties; and
WHEREAS, revisions thereto are appropriate and necessary in connection with
registration/regulatory aspects.
NOW, THEREFORE, Be it ordained by the Mayor and Council of the City of
Tybee Island in open meeting that the Code of Ordinances, Sections 58-179, be amended
so that hereafter the chart entitled Miscellaneous shall read as hereinafter provided.
SECTION 1
The Code of Ordinances is hereby amended as to Section 58-179 so that hereafter
the chart entitled Miscellaneous of such section shall hereinafter read as provided below:
Sec. 59-179. Regulatory fees; schedule.
. . .
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1611398.1
Miscellaneous
License Classification Fee
Advertising, off-premises (billboards) TIC Sec. 8-4-24: —32 square feet (4'×8') $50.00
—128 square feet (8'×16') $75.00
—192 square feet (12'×16') $100.00
—288 square feet (12'×24') $125.00
Amusements, itinerant (circus, carnival) TIC 7-1-1/7-1-4 $75.00 per day;
$600.00 maximum
Beach equipment, beach vehicle, and watercraft rental, per site TIC
9-3-30/9-3-36 $300.00
Book and magazine canvasser; registration fee $45.00
Building and construction contractors, subcontractors and tradesmen,
licensed in another jurisdiction; registration fee $20.00
Escort $500.00
Live entertainment $50.00
Masseuse $250.00
Private Parking Lots Residentially Zoned 1.00
Commercial $200.00
Promoter — special events, pageants, festivals, exhibitions, sporting events, shows, etc.
—Per single event TIC 7-1-1/-4 $50.00
—Transient merchant TIC 9-1-20 $75.00 per day
Short term vacation rentals $100 per STVR unit as provided
in Sec 34-256 et seq
Transient rentals; registration fee $45.00
Vendor, festival hawker $25.00 per day
Vendor, arts and crafts $25.00 per event
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 judgment or decree of any court of
competent jurisdiction, such illegality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance.
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1611398.1
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 , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Tybee/Ordinances 2017/17-2017 Reg fees 12.07.17
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1800987.1
STATE OF GEORGIA ) LAND USE RESTRICTION AGREEMENT
COUNTY OF CHATHAM ) FOR CONDITIONAL ZONING
This Agreement regarding conditions, hereinafter referred to as "Agreement," is made
and entered into this ____day of December 2017 by and between CABRETTA HISTORIC
TYBEE BARRACKS, LLC whose address 49 Park of Commerce Way, Suite 102, Savannah,
Georgia 31405, hereinafter referred to hereafter as "Cabretta," and the CITY OF TYBEE
ISLAND, a Georgia municipal corporation whose address is 403 Butler Avenue, Post Office
Box 2749, Tybee Island, Georgia 31328, hereinafter referred to as the "City."
WITNESSETH:
WHEREAS, the City is a municipal corporation organized under Georgia law; and
WHEREAS, Cabretta is a Georgia limited liability company that will own, occupy, or
control property located within the City known as 15 Meddin Drive, PIN 4-0002-12-020 (the
"Property"), which is more fully described in Exhibit “A” hereto; and
WHEREAS, Brent Watts is the President of Cabretta and is authorized to sign this
Agreement on behalf of Cabretta; and
WHEREAS, Cabretta petitioned the City to rezone the Property to R-T; and
WHEREAS, following public hearings, as required by law, the City voted to approve
rezoning of the Property from R-1 to R-T Conditional, subject to the conditions hereinafter set
forth; and
WHEREAS, the City and Cabretta desire to document and agree to the
conditions imposed in connection with the rezoning of a portion of such Property and to
record such conditions for notice and other purposes.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows:
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1. The three lots identified as Lots 4, 5 and 6, Block 27, Fort Screven Ward, Tybee Island,
Georgia, although collectively identified under one Property Identification Number 4-
0002-12-020, as shown on the attached plat, shall be considered separate lots for all purposes under this Agreement.
2. Lot 4 shall not be rezoned to the R-T zoning district. Lots 5 and 6 of the Property shall
be rezoned to the R-T zoning district, subject to the conditions described herein.
3. An access easement or recorded right of way of no less than twenty (20) feet in width shall
be established through Lots 26 and Lot 3, as shown on the plat, allowing for vehicular and
pedestrian access to Lots 4, 5, and 6. Said access easement shall provide access from the
Property to Meddin Drive. The access easement or twenty (20) foot right-of-way shall be
extended across Lots 4, 5, and 6 in a manner that will provide access from each lot to Meddin Drive. The easement and right-of-way described in this paragraph shall be fully
depicted (which includes the access easement across Lot 4 to Lot 5 and across Lot 5 to
Lot 6) on a plat or survey showing the Property which shall be recorded in the Office of
the Clerk of Superior Court of Chatham County and designated as "15 Meddin Access
Easement.”
4. Further the access easement or twenty (20) foot right-of-way shall be indicated on all
development site plans, subdivision plats, building plan and on any application for
construction permits for Lots 4, 5 or 6.
5. Notwithstanding the foregoing, the public alley reflected on the plat attached hereto will
be solely available for pedestrian, bicycle, golf cart, and other non-automobile usage.
Cabretta shall not pave the alley. All vehicular traffic, including construction vehicles,
contractors and delivery vehicles, shall use the access easement or twenty (20) foot right-
of-way, described in Paragraph 3, above, to access the Property.
6. The historic structure consisting of the former barracks at Fort Screven now located on
Lot 5 shall be restored in accordance with appropriate historic standards as established
by the applicable State Department of Natural Resources Program and those of the
Federal National Parks Service. Deviation from this condition and/or those standards is cause for an immediate stop work notification from the City and review of any
contemplated work. Should such review determine that the historic standards have not
been met the City may cause the Property to be rezoned to the R-1 zoning district.
7. The improvements located on Lot 5 will be limited to no more than seven (7) dwelling units, which may be utilized as short-term vacation rentals.
8. Any expansion of the existing square footage of the improvements located on Lot 5 or the
construction of any new structures on Lot 5 or Lot 6, while subject to the R-T zoning, are
also subject to and require special review for permitting with public hearings before the Mayor and Council of the City of Tybee Island, Georgia. Any new construction on Lot 5
must be compatible with architectural design of buildings constructed as part of the
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historical Fort Screven area, as reasonably determined by the Tybee Historical Society
Director.
9. In the event there is a failure to complete the renovation and restoration of the barracks located on Lot 5 by December 31, 2019 and Cabretta abandons the project, the City may
cause Lots 5 and 6 to be rezoned to R-1 and any non-conforming structures will be
subject to review and/or a variance procedure.
10. In the event a new subdivision plat is required in connection with compliance herewith or in connection with any restoration or renovation of Lot 4, 5, or 6, such subdivision plat or
recombination of lots in connection with the property shall require the approval of the
Mayor and Council of the City of Tybee Island, Georgia which shall evaluate any such
proposal in accordance with the existing ordinances applying thereto.
11. Cabretta, whenever possible, shall use its best efforts to preserve all existing mature trees
located on the Property.
12. This Agreement shall be subject to: (i) the Property being purchased by Cabretta on or
before April 01, 2018 and (ii) the recording of 15 Meddin Access Easement referred to in Section 3 of this agreement, of which this Agreement shall be made a part thereof.
13. This Agreement shall be recorded in the real estate records of the Clerk of the Superior
Court of Chatham County upon closing whereby Cabretta acquires the Property and
further, any mortgage, deed to secure debt, assignment of rent, or any debt secured by the Property shall be subordinate to this Agreement.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of
December ___, 2017.
Signed, sealed and delivered
in the presence of:
_____________________________
Unofficial Witness
__ ___________________________ Notary Public
My commission expires:
CITY OF TYBEE ISLAND, GEORGIA
By:____________________________________
Attest:_________________________________
Signed, sealed and delivered in the presence of:
_____________________________
Unofficial Witness __ ___________________________
Notary Public
My commission expires:
CABRETTA HISTORIC TYBEE BARRACKS, LLC
By: Name: Brent Watts
Title: President
Approved as to Form:
____________________ Edward M. Hughes
City Attorney
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Exhibit “A”
Legal Description
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City of Tybee Island
Historic Bicycle / Pedestrian Greenway Trail Improvement Project
GDOT Transportation Enhancement Project – PI #0010582
Change Order #6 – Ecology Memo to T&E Species
General
Since the Ecology Resource Survey and Assessment of Effects was approved on December 20,
2016, the USFWS threatened and endangered species list has been updated. Before approval
of the Categorical Exclusion will be issued, GDOT is requiring an ecology memo be prepared
documenting the updated species list.
Attached is a fee schedule to complete the work described below. All tasks will be billed on a
time and expense basis. All additional work, not specifically stated below will be handled as
additional services.
Time has been allocated for preparing, reviewing and submitting the memo and for one
correction, review and resubmittal based on comments received from GDOT.
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City of Tybee Island
Historic Bicycle/Pedestrian Greenway Trail Improvement Project
Environmental 2,200$
Total Fee 2,200$
SUMMARY
Thomas & Hutton 1 of 2 12/5/2017
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City of Tybee Island
Historic Bicycle/Pedestrian Greenway Trail Improvement Project
Environmental
Project ManagerNEPA PlannerProject EngineerEngineering TechnicianHourly Rate 160$ 140$ 140$ 115$ Hours FEE
ITEM TASK Sub-Total Sub-Total
1 Prepare Ecology Memo for Ecology Sub 4 4 560$
2 Coordination with Subs 2 2 280$
3 Address GDOT comments/resubmit 2 2 280$
Sub-Total - Personnel 0 8 0 0 8 1,120$
Sub-Consultants
RLC-Wetlands/Ecology X 1.15 920$
Sub-Total - Sub-Consultants 920$
Reimbursables
Printing, Travel, Materials, Reproduction (Approx 7% of Personnel Cost)100.00$
Total - Environmental 2,200.00$
800.00$
Thomas & Hutton 2 of 2 12/5/2017
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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: 12.14.17
Item: Criteria for choosing which homes to evaluate for possible elevation through Hazard Mitigation Grant
Explanation: With over 125 submittals of Notification of Voluntary Interest forms the City needs a way to
reduce that number to an amount that can evaluated in time to complete the grant application. City Council
should choose several limiting factors so the number of homes to be evaluated can be objectively reduced to a
manageable number.
Budget Line Item Number (if applicable): Paper Work: Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email
to jleviner@cityoftybee.org.
** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: George B.Shaw
Phone / Email: gshaw@cityoftybee.org
Comments: Staff recommends that City Council number their top five criteria on the attached list.
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Criteria for prioritizing home elevation
• Full time residency/homesteaded property (approx. 54 homes)
• Pre-firm vs. post-firm (post firm should have no enclosed space below BFE)
• Repetitive loss properties (only 3 have shown interest)
• Number of stories (two stories lower priority than one story)
• Number of times flooded (with proof)
• Elevation of first habitable floor (need ECs)
• Average adjacent grade of property (need ECs)
• Piers or slabs
• Base flood elevation
• Distance from neighboring structure
• Exterior construction material
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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: December 14, 2017
Item: Administrative Changes and Organizational Redesign in in the Class and Compensation Plan
Explanation: The purpose of these administrative/organizational changes and redesign is to focus on the
resources of the city and its strategic priorities and other growth areas and improve decision-making and
accountability. Our government restructure will significantly improve results in internal operations. These
changes will allow our city to be more effective and run more efficiently. See attachments for details.
Budget Line Item Number (if applicable):
Paper Work: ___X__Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email
to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Shawn Gillen
Phone / Email: sgillen@cityoftybee.org
Comments: ________________________________________________________________________________
__________________________________________________________________________________________
Date given to Clerk of Council: 12/07/2017
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Administrative Changes and Organizational Redesign in the Class & Compensation Plan:
1. Adding Position: Engineer and Director of Infrastructure: Grade 118
Salary: Minimum 82,822
Midpoint 107,669
Maximum 132,515
This position would be the director of Public Works and the Water Sewer Department.
2. Adding Position: Public Works Manager: Grade 115
Salary: Minimum 67,042
Midpoint 87,155
Maximum 107,267
This position will oversee the day-to-day operation of Public Works.
3. Adding Position: Water Sewer Manager: Grade 115
Salary: Minimum 67,042
Midpoint 87,155
Maximum 107,267
4. Adding Position: Water Sewer Maintenance Worker I
Salary: Minimum 30,884
Midpoint 40,149
Maximum 49,414
5. Adding Position: Assistant City Manager: Grade 119
Salary: Minimum 88,868
Midpoint 115,529
Maximum 142,189
6. Adding a Part Time Position: Beach Ambassador Supervisor (20 hours per week)
Salary: 13.50 per hour (14,040 annually)
28 weeks until 2019 Budget (270 x 28 - $7,560)
7. Adding to the Budget 4 Seasonal Beach Ambassador Positions
Salary: 11.00 per hour
7 weeks until 2019 budget (220 per week x 4 x 7 - $6,160)
8. Changing IT Division Director to IT Director: Grade 116
Salary: Minimum 71,936
Midpoint 93,517
Maximum 115,098
IT Director will report directly to the City Manager. The department will be an independent department.
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9. Changing HR Division Director to HR Director: Grade 115
Salary: Minimum 67,042
Midpoint 87,155
Maximum 107,267
HR Director will report directly to the City Manager. The department will be an independent department.
10. Moving the Facilities Coordinator position to Planning and Zoning Department
Facility Coordinator works with Main Street Coordinator on many special events. By having these two
positions in the same department will help the flow of the permitting for events to go smoother. This
position will help alleviate some of the workload in the Planning and Zoning Department.
Cost associated with these Administrative/Organizational Redesign Changes:
1. Engineer and Director of Infrastructure
This position will not be implemented until the beginning of the new budget year July 1, 2018. We need
the position classified so that future plans can be made for the Public Works and the Water Sewer
Departments. There is no cost associated with this position for the current budget year.
2. Public Works Manager
This position will not be implemented until the beginning of the new budget year July 1, 2018. We need
the position classified so that future plans can be made for the Public Works and the Water Sewer
Departments. There is no cost associated with this position for the current budget year.
3. Water Sewer Manager
This position will not be implemented until the beginning of the new budget year July 1, 2018. We need
the position classified so that future plans can be made for the Public Works and the Water Sewer
Departments. There is no cost associated with this position for the current budget year.
4. Water Sewer Tech
This position will be implemented as soon as possible, if the future positions of Engineer and Director of
Infrastructure, Public Works Manager, and Water Sewer Manager are created. There is no cost associated
with this position for the current budget as it will absorb by the Water Sewer Director’s position salary.
Cost associated with changes for 2019 Budget: $19,127*
*The maximum budget cost for these changes
5. Beach Ambassador Coordinator (20 hours per week)/4 Seasonal Beach Ambassadors
This position is a new position. Last year this program was under the direction of the police department.
This year the program will be under the City Manager. A coordinator is needed to help with the initial set
up of the program for the season and to direct the seasonal staff. The success of the Beach Ambassador
program depends on this. A budget adjustment will need to be made since the Beach Ambassador
Program was not budgeted. Total cost for Beach Ambassador Supervisor and 4 season staff for the
current budget is $15,129. This includes salary, FICA, Medicare and Workers’ Compensation.
6. Assistant City Manager
Promoting Planning and Zoning Director to Assistant City Manager, a budget adjustment of $8589 will
need to be made to the current budget. This includes salary, FICA, Medicare and Workers’ Compensation.
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7. IT Director
Changing the position of IT Division Director (Grade 113) to IT Director (Grade 116), a budget adjustment
of $9,004 will need to be made to the current budget. This includes salary, FICA, Medicare and Workers’
Compensation.
8. HR Director
Changing the position of HR Division Director (Grade 112) to HR Director (Grade 115), a budget
adjustment of $7,791 will need to be made to the current budget. This includes salary, FICA, Medicare
and Workers’ Compensation.
There will be no increase to the current budget for these administrative changes. Replacing the salary of a
Water Sewer Director with a Maintenance Worker I - total savings of $29,902. With the city moving to UHC,
health cost increased 15.52%. We budgeted 20% for health insurance. Total savings $51,344.
Total 2018 Budget Adjustments: $43,513 with Wellness Incentive $73,513
Beach Ambassadors: $15,129
Assistant City Manager: $11,240
IT Director: $ 9,004
HR Director: $ 7,791
Wellness Program $30,000
Total savings 81,246, which is more than enough to cover all the budget adjustments cost of $73,513.
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