HomeMy Public PortalAbout20180823AmendedPacket.pdfTable of Contents
000_000_20180823AmendedAgenda....................................................................................................................................................................................... 1040_010_In Appreciation....................................................................................................................................................................................... 4050_010_20180809Minutes....................................................................................................................................................................................... 6050_011_Branigins Q&A....................................................................................................................................................................................... 11050_012_Parks Q&A....................................................................................................................................................................................... 21050_013_8-9-2018 Lisa's council presentation....................................................................................................................................................................................... 24070_010_Lisa Freeman....................................................................................................................................................................................... 28090_010_20180823 Agenda Request-Tybee Pirate Fest....................................................................................................................................................................................... 29100_010_AmericanLegion....................................................................................................................................................................................... 32100_020_Contract - 08.14.18....................................................................................................................................................................................... 35100_030_20180823 Agenda Request Hurricane Response-Emergency Sandbags-Dunes....................................................................................................................................................................................... 41100_040_08.13.18 - Municipal Ct Prosecution Agr....................................................................................................................................................................................... 42100_050_20180823 Agenda Request-Warwick Group Consultants Fee Increase....................................................................................................................................................................................... 45100_060_One GA - Tybee Island 8-10-2018....................................................................................................................................................................................... 46 00000001....................................................................................................................................................................................... 46 00000002....................................................................................................................................................................................... 47 00000003....................................................................................................................................................................................... 48 00000004....................................................................................................................................................................................... 49 00000005....................................................................................................................................................................................... 50100_070_08.21.18 - Municipal Ct Prosecution Agr....................................................................................................................................................................................... 51110_010_08.13.18 - Prosecuting atty....................................................................................................................................................................................... 54110_020_08.20.18 cont historic structure moratorium....................................................................................................................................................................................... 55120_010_5th Ave Downer comments....................................................................................................................................................................................... 57120_011_5th Ave. survey....................................................................................................................................................................................... 59120_030_Richard Stewart Executive Summary....................................................................................................................................................................................... 60130_010_20180923Nonupdated....................................................................................................................................................................................... 62
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in
this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan
LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons.
AMENDED AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
AUGUST 23, 2018 7:00PM
Please silence all cell phones during Council Meetings
I. Consideration of Items for Consent Agenda 6:30PM
II. Executive Session
III. Opening Ceremonies
1 Call to Order
2 Posting of the Colors and Pledge of Allegiance – American Legion Post 154
3 Invocation – Pastor David Laughner
IV. Recognitions and Proclamations
1 Recognition of Volunteers, August 2018 – Mayor Buelterman and Todd Smith
2 Tybee Island Police Department, Chief Bryson
i. Operation Starlight
3 Introduction of New Public Safety Staff
i. Tybee Island Police Department – Chief Bryson
1. Officer Bryant Sims – Full time
2. Officer Shaquille Jones – Full time
3. Officer Ishmael Marshall – Full time
4. Candice Woodard – Part time
5. Korra Jaglinski – Park time
ii. Promotions – Tybee Island Police Department
1. Walter Hattrich – City Marshal
2. Taylor Griesback, Assistant City Marshal
3. Zachary June – Sr. Police Officer
4. John Price – Sr. Police Officer
5. D’Andrea Taylor – Sr. Police Officer
iii. Tybee Island Fire Department – Todd Smith
1. Chris Epley – Full time
2. Chaz Latson – Full time
3. Dallas Thompson – Full time
4. Brad Bouchillon – Part time
5. Brandon Kaupp – Part time
6. Joel Hiers – Part time
7. Chad Osterlund – Part time
4 Employee of the Quarter – Officer Anthony Errato, Tybee Island Police Department
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 Minutes, Regular City Council Meeting, August 8, 2018
VI. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Tybee Island Youth Council Officers
i. Sr. Youth Council President – Maddie Lumley
ii. Sr. Youth Council Vice President – Payton Kinkle
iii. Jr. Youth Council President – Trey Travaille
20180823AmendedPacket Page 1 of 65 20180821/jrl
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in
this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan
LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons.
iv. Jr. Youth Council Vice President – Matthew Schum
v. Youth Council President – Kalla Martin-Bazemore
vi. Youth Council Vice President - Hannah Cartledge
vii. Liaison – Chloe Flynn
viii. Advisor – Past President – Ava Thomas
ix. Special Assistant to Director and Assistant Director – Hudson Martin-Bazemore
2 Haley Hill, Executive Director, Tybee Island YMCA, Jaycee Park Enhancement Plan
VII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
1 Lisa Freeman, 1414 Jones, Illegal wall and drainage
VIII. Consideration of Approval of Consent Agenda
IX. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Alcohol License Request: Special Event – Beer and Wine – Tybee Pirate Fest, October 5, 6, and
7, 2018
X. Consideration of Bids, Contracts, Agreements and Expenditures
1 American Legion Post 154 Agreement
2 Alan Robertson, AWR Strategic Consulting, LLC, Independent Contractor Agreement,
3 Hurricane Response – Emergency Sandbags, Dunes, $300K Emergency Allocation
4 Municipal Court Prosecution Agreement, Andre Pretorius and the City of Tybee Island
5 Warwick Group Consultants, Fee Increase
6 Memorandum of Agreement, OneGeorgia Authority and City of Tybee Island
7 Municipal Court Prosecution Agreement
XI. Consideration of Ordinances, Resolutions
1 Resolution, Appointment of Andre Pretorius as Prosecuting Attorney of the Municipal Court of
Tybee Island
2 Resolution, Second Moratorium, Demolition Permits of Historic Structures in the South-end
Business Overlay District
XII. Council, Officials and City Attorney Considerations and Comments
1 George Shaw
i. Update on Hazard Mitigation Grant
ii. Topo and costs for 5th Avenue (Carie Efird)
2 Wanda Doyle
i. Public Safety Committee Update
3 Shawn Gillen
i. Appointment of Richard “Ricky” Stewart, Engineer and Director of Infrastructure
XIII. City Manager’s Report
1 Action Item List
2 Goals
XIV. Executive Session
1 Discuss litigation, personnel and real estate
XV. Possible vote on litigation, personnel and real estate discussed in executive session
20180823AmendedPacket Page 2 of 65 20180821/jrl
XVI. 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.”
20180823AmendedPacket Page 3 of 65 20180821/jrl
CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org MRS Barry Brown Jerry Counihan Rick George Bob Kitchens Elaine Kitchens Bill Lewis Ralph Maggioni Elliot Roughen Joey Solomon Armond Souze Tony Voight Andy Martin Phil McGonegal Lex Bazemore TIPD Chief Robert Bryson Lt. Eddie Dicus Sgt Erica Coreno Sgt Kyle Suddath Cpl Richie Dascall Cpl Travis LeGuin Cpl Chris White SPO Zach Jung Ofc Bryant Simms Ofc Jessica Wright Ofc Cheyenne Dickerson Ofc Shaquille Jones Ofc Anthony Errato TIFD Todd Smith Matt Harrell Tudor Negrea David Pawloski Todd Horne Chris Epley Joel Hires Dallas Thompson Tammy Smith Sam Byers Timothy Turner Ashley Valine John Dowell Shawn Gillen Donna Allen Alice Johnson Chaz Latson IN APPRECIATION 20180823AmendedPacketPage 4 of 6520180821/jrl
CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org DEPARTMENT OF PUBLIC WORKS Danny Carpenter Jimmy Boswick CHATHAM COUNTY MARINE PATROL David Jannott Winston “Gene” Maxey, III GEORGIA DNR Kiel Toney Jay Morgan Doug Chambers USCG Coast Guard Station Tybee BMCS Justin Wainscott Coast Guard Air Station CDR Brian Erickson LOCAL BUSINESSES Tybean Beachview B&B RESIDENTS Mike Scarboro Don and Mary McLemore John Wylly Mack Kitchens CHATHAM COUNTY MOSQUITO CONTROL Scott Yackel Josh McCann Matt Rich Paul Price IN APPRECIATION 20180823AmendedPacketPage 5 of 6520180821/jrl
City Council Minutes, August 9, 2018
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on August 9, 2018. Those
present were Julie Livingston, John Branigin, Wanda Doyle, Barry Brown, and Jackson Butler.
Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes and Dana Braun, City
Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Monty Parks was excused
Mayor Buelterman listed the following items on the consent agenda:
Minutes, Regular City Council Meeting, July 12, 2018
Martha Harrell, Historic Preservation Commission
Real Property Agreements for Enhancement Projects – Georgia Department of
Transportation
Donation of fire truck to Wheeler County/City of Alamo Fire Department. Discussion:
Dr. Gillen stated the donation to Wheeler County is very deserving. There will be a
ceremony on Saturday, August 11, 2018 at which time members of the Alamo Fire
Department will accept the donation of the fire truck. Todd Smith approached Mayor
and Council. Mr. Smith thanked Mayor and Council, Dr. Gillen, and Ms. Hudson for working
toward this end. He continued, this engine is the last of the City’s older engines, 1987,
and the current fleet is good. Mr. Smith stated the State assisted in finding a recipient for
the engine and they recommended Wheeler County who has only one paid employee, the
fire chief. In contacting the Chief, they are very excited to receive this donation.
Resolution: E911 Model Resolution
i. Prepaid Resolution
ii. Postpaid Resolution
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: Ken Douberly, St. Michaels
Pledge of Allegiance
Recognitions and Proclamations
Scarlett Gillen, Liaison, Tybee Island Youth Council approached Mayor and Council to give
a brief history of the US Coast Guard units in Chatham County. Ava Thomas and members of
the Tybee Island Youth Council joined Ms. Gillen for the presentation of Certificates of
Appreciation from the Tybee Island Youth Council to each of the Commanders.
Mayor Buelterman read and presented a Proclamation declaring August as Coast Guard Month
to each of the Commanders of the local Coast Guard Units. He then presented Certificates of
Appreciation to each of the following:
BMCS Justin Wainscott, Station Tybee
CDR Brain Erickson, Air Station Savannah
CDR Norm Witt, MSU Savannah
BM1 Van Pedrick, ANT
MKC Kellyn Montesino, Recruiting Office, Savannah
BMCM Mark Adams, USCGC Chinook
20180823AmendedPacket Page 6 of 65 20180821/jrl
Senior Chief Wainscott, Commander, Coast Guard Station Tybee approached Mayor and
Council and thanked them for their continued support. On behalf of all the units in Chatham
County, he expressed his deepest gratitude.
James Burke IV, Tybee Resident. RESCHEDULED
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports
to 10 minutes.
Ava Thomas, President, Tybee Island Youth Council gave a report of the upcoming events
of the Tybee Island Youth Council as well as their recent trip to Cape Kennedy.
Lisa Lepofsky, Concerned Citizens of Tybee Island, approached Mayor and Council to give
a report on the recent Mediation. Ms. Lepofsky asked her report be made a part of the official
record (attached). Mayor Buelterman thanked the participants of each side of the Mediation for
their hard work.
Monty Parks joined the meeting.
Wanda Doyle made a motion to approve the consent agenda. Julie Livingston seconded.
Vote was unanimous, 6-0.
Public Hearings
Zoning Variance: Sec 3-090.1(D)(2), Sec 3-190(B) and Sec 3-190(E). Placement of
swimming pool and decks. PIN 4-0022-01-372 – Barry Weiner. George Shaw
approached Mayor and Council to present the zoning variance request. Mr. Shaw stated the
petitioner is asking for a variance, as the pool would encroach the marsh buffer as well as the
front yard. The applicant disputes that it is the front of the house, Staff does not agree. The
Planning Commission voted unanimously to deny. Monty Parks made a motion to deny. Julie
Livingston seconded. Vote was unanimous to deny, 6-0.
Site Plan Approval with Variance: Tear down existing structure on property. 19 Silver
Avenue, PIN 4-0008-06-015 – Walter Freeman. WITHDRAWN BY PETITIONER
Text Amendment to Land Development Code: Sec 4-050 Zoning Districts (O) South-
end Business Overlay District. George Shaw approached Mayor and Council to speak on this
agenda item. He stated in April 2018, Mayor and Council placed a Moratorium on the demolition
of historic structures in the South-end Business District. At the same time, Mayor and Council
asked a committee to explore Design Guidelines for that district and the committee was formed.
A Consultant was hired to create guidelines for the City as well. Meetings were also scheduled
through social media as well as the City’s website for public input. The next step was to be heard
by the Planning Commission for their recommendations. Planning Commission felt certain
information was missing and clarification needed. It was their decision to continue to their next
meeting. A special meeting was scheduled to re-evaluate amendments that were requested and
a vote of approval, 2-1, was taken. Mr. Shaw explained, in the packet before them are the first
version of the text amendment, comments, redlined version and a black version. Rebecca
Fenwick, Historic Preservationist, Lominack Kolman Smith Architects and Sarah
Ward, Ward Architecture and Preservation approached Mayor and Council. John Branigin
read from a list of prepared questions. NOTE: For ease of reading, Mr. Branigin’ s questions are
attached with the responses from the consulting firm in blue ink. Monty Parks then presented
his questions. NOTE: For ease of reading, Mr. Parks’ questions are attached with the responses
from the consulting firm in blue ink. Mayor Buelterman stated it is his recommendation,
procedurally, the full Planning Commission review the comments from Mayor and Council and
20180823AmendedPacket Page 7 of 65 20180821/jrl
possible comments from the public. He stated he does not think the proposed text amendment
prevents the other major historic building, Carbo House, from being demolished. Ms. Doyle stated
Tybee is quirky and if Mayor and Council enforce what is in the proposed text amendment, Tybee
is no long quirky. She commended the consultants for their hard work. She also feels this is
infringing on property rights, which should be protected. Ms. Doyle agrees with Mayor
Buelterman that the Carbo House needs to be saved from possible demolition. Ms. Livingston
stated Mayor and Council need to work together. She referred to the Tybee Island Mission
Statement and stated Mayor and Council have an obligation to save the historic buildings, to keep
the historic character of Tybee, and is part of who we are and who we should be as a Council.
Ms. Livingston stated Mayor and Council need to work together to try and get a document that
works, protects our resources and gives us what we need to keep this Island quirky and does not
allow destruction of more of its “treasures” . Mr. Butler concurred with Ms. Livingston. Mayor
pro tem Brown stated there is no reference to storm damage/destruction and rebuilding what
was once there. He would specifically like reference made to the Carbo House and its
preservation. Ms. Fenwick stated they are taking direction from Mayor and Council and there is a
possibility the Moratorium will need to be extended. Mayor Buelterman stated he feels it is the
will of Council to have the Planning Commission revisit the proposed text amendment when all
the membership is present and extend the Moratorium.
Luwana Tsulos approached Mayor and Council. She asked for clarification as to if she owned
a home in the Overlay District and it has not been deemed as a historic building and it is
destroyed, if she were to rebuild, is she subject to the Standards as outlined in the proposed Text
Amendment. Mayor and Council concurred. Mayor Buelterman stated this is a concern and needs
to be addressed by the Planning Commission. Ms. Tsulos expressed her concerns with the lack
of affordable housing on the Island. Mayor Buelterman thanked Ms. Tsulos.
Vicky Hammonds approached Mayor and Council and asked them to protect the historic
buildings on Tybrisa and the South-end District as well as new construction as it relates to the
environment. The City needs to avoid bland shopping mall buildings on the South-end, as it
needs to be individual interesting buildings in that area. Keep the existing buildings and ensure
new construction blend in with the character. Mayor Buelterman thanked Ms. Hammonds.
Jay Altman approached Mayor and Council and recommended there be a common ground for
the proposed Text Amendment. As a carpenter on the Island specializing in preservation, Mr.
Altman asked new construction meet the character and history of the Island. Mayor Buelterman
thanked Mr. Altman.
Sarah Jones, Tybee Island Historical Society, approached Mayor and Council. Ms. Jones
reminded Mayor and Council in 2013 a building was lost on Tybrisa and the structure that was
built there was not necessarily what everyone wanted. She stated the Guidelines could be used
in a creative manner to keep the character of Tybee. Mayor Buelterman thanked Ms. Jones.
Julie Livingston made a motion to refer this item back to Planning Commission on September
17, 2018 for further review and their recommendations brought to Mayor and Council. Jackson
Butler seconded. Discussion: Mr. Parks asked if the Planning Commission needs to complete
their review on the evening of September 17, 2018. Mayor Buelterman responded, it is his
recommendation it be kept open-ended, as they might need additional time. Mr. Hughes stated
it is his preference the Moratorium issue be on an agenda specifically. Mayor Buelterman
concurred. Vote was unanimous, 6-0.
20180823AmendedPacket Page 8 of 65 20180821/jrl
Council, Officials and City Attorney Considerations and Comments
Jason Buelterman recommended if the rental scooters pop-up on the Island, they are to be
confiscated by the Tybee Island Police Department. Mr. Hughes stated there is not an ordinance
that covers scooters and recommends an ordinance be developed that addresses the prohibition
of the scooter. Owners that do not have a business license and location for them to be kept
when not in use will be prohibited from the rental of scooters. Mayor Buelterman stated if the
scooters come to the Island, the owner will be notified and the police department will confiscate
the scooters.
Jason Buelterman addressed the correspondence he sent to the State Attorney regarding the
deep well. Mayor Buelterman stated he received a letter from GEFA stating they sued the
companies involved with the deep well.
Bubba Hughes addressed the Consideration of Mediation Agreement between the City
of Tybee Island and the Concerned Citizens of Tybee Island. Mr. Hughes stated the
agenda package includes the recommendations, which is all the committee could do during the
Mediation. The Objective Criteria will be the issue as which action is taken in response to the
given criteria. He continued, the recommendation is for Mayor and Council to create Standards
by the end of 2018, which may be difficult to accomplish considering the Objective Criteria. Mr.
Hughes reminded everyone there was not a representative of Orange Crush at the mediation but
one of the promoters would like to meet with the Committee. Ms. Doyle stated she volunteered
to be the liaison as she is the Chair of the Public Safety Committee. She also feels the Committee
is the place where discussions should be held. The document was agreed upon to move forward
with looking at the Noise and Nuisance Ordinance. She stated her main concern is the number
of events on the Island who work hard to complete the permitting process. Within the permitting
process are rules and regulations for their event and currently Mayor and Council are looking at
both permitted and unpermitted events in the same consideration. Ms. Doyle recommended
Mayor and Council vote on the proposed recommendations so the Public Safety Committee can
move forward. She also suggested the Concerned Citizens Group attend the second City Council
meeting in August to get an update from the Public Safety Committee Meeting that will be held
on August 20, 2018. Mayor Buelterman asked Mr. Hughes for his recommendations. Mr. Hughes
stated one part of the recommendation is there is be at least one public forum dedicated to this
topic by October 31, 2018. He continued, Mayor and Council will obligate themselves if you adopt
the recommendations to make a good faith effort to have the criteria adopted by the end of 2018.
Also, to have the public forum by October 31, 2018 and to have the Group at one of the City
Council meetings each month, preferably the second meeting. This would occur every month
until the criteria is done or exhausted good faith efforts to arrive at the criteria. Mayor Buelterman
would like the public forum pushed back until the details of the criteria established. Ms. Doyle
responded originally the time frame was September 30, 2018. There are concerns with the dates
being at the end of October as it is not a small task. She is concerned there may not be enough
criteria by October 31, 2018. Mr. Hughes expressed his concerns with pushing the date back as
he would like it kept in the forefront of discussion. He suggested Mayor and Council move forward
with the public forum as called forth and work in good faith toward developing the objective
criteria. Mr. Branigin concurred and stated Mayor and Council can agree to have a public forum
by the end of October 2018 but there is nothing in the agreement that stipulates the content of
the public forum. It could be an informational forum, forum asking for input about the criteria
and all depends on where things lie in the exploratory process. John Branigin made a motion
to accept the Agreement and designate Wanda Doyle as the Council Liaison. Wanda Doyle
seconded. Voting in favor were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle and
Jackson Butler. Voting against was Barry Brown. Motion to accept was 5-1.
20180823AmendedPacket Page 9 of 65 20180821/jrl
American Legion Post 154 Agreement NO ACTION TAKEN
Shawn Gillen stated staff has been tasked with reviewing twice a week pick-up for short-term
rentals as compared to twice a week pick-up city wide with Atlantic Waste Services, Inc. Dr.
Gillen stated most short-term rental companies already have twice a week pick-up. Ben Wall,
Atlantic Waste, approached Mayor and Council. Mayor Buelterman explained the City has
received complaints regarding once a week pick-up for short-term rentals as there is trash
overflowing from the containers with insects/flies. Mr. Wall explained there are 1100 short-term
rentals on the Island and 700 single-family homes that have carts and of those 150 have twice a
week service. A discussion was held regarding those management companies that do have twice
a week pick-up. Mayor Buelterman recommended that all short-term rentals that have rollout
carts be mandated for twice a week pick-up from the Saturday of Beach Bum weekend through
Labor Day weekend (mid-May through 1st of September). Mr. Wall stated there are two options:
(1) just for short-term rentals - $25 for one cart and $20 for additional cart for the summer month
and (2) twice a week pick-up be mandatory for all short-term rentals but not for residents. Mayor
and Council concurred. Dr. Gillen stated there would have to be a modification to the ordinance.
Mr. Hughes concurred. Mr. Wall recommended the following language written into the new
ordinance: “If you currently have one or more 96 gallon garbage cart for your short-term vacation
rental, you are required to get Saturday service during the summer peak hours”. Mr. Wall
expressed his concerns with the recycle containers as most of the contents are contaminated.
He recommended the recyclable carts are pulled from the short-term rentals and returned after
the season is over. Mr. Wall would like determinations made so they can be implemented for
next season. Mayor Buelterman concurred. NO ACTION TAKEN
Julie Livingston made a motion to adjourn to executive session to discuss litigation. Jackson
Butler seconded. Vote was unanimous, 6-0.
Julie Livingston left the Executive Session.
Barry Brown made a motion to return to regular session. Wanda Doyle seconded. Vote was
unanimous, 5-0.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5-
0.
Meeting adjourned at 9:15PM.
______________________________
Janet R. LeViner, CMC
Clerk
20180823AmendedPacket Page 10 of 65 20180821/jrl
1
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
PROPOSED TEXT AMENDMENT TO THE TYBEE ISLAND CODE OF ORDINANCES
Proposed text within existing overlay district ordinance is underlined
Sec. 4‐050. – Zoning districts.
(O) South End business overlay district
(1) Purpose. The purpose of this district is to promote the welfare and vitality of the city’s
original main commercial and resort area, preserve its historic character and identity for
future generations, and provide standards for compatible new development.
(2) Conflicts with other zoning district standards. In any case where the standards and
requirements of the overlay district conflict with those of the base zoning district, the
standards and requirements of the overlay district shall govern.
(3) Design Standards. These standards apply to all buildings and appurtenances visible from the
public right‐of‐way.
Should “visible” from the right of way be interpreted as “facing” the right of way? Example – if I
stand at the corner of lot, I can usually see the entire side of a building. Does that count as
“visible”?
RESPONSE: This means “what is within sight” when standing at the building. This is common
terminology in preservation standards to use whatever is visible from the right‐of‐way. If it
is not in view of the right‐of‐way, it does not have an effect on the public therefore it is not
considered in the purview.
a. Historic Buildings. The following standards apply to all buildings within the overlay district
that are 50 years of age or older and identified as listed, eligible, or may be eligible for
listing in the National Register of Historic Places within the 2016 City of Tybee Island
Historic Resources Survey, Phase 1. The Historic Preservation Commission shall review
building permit applications and provide recommendations to the zoning administrator
related to the subsection on historic buildings.
Not all buildings 50 yrs of age or older are historic. Why impose restrictions on buildings that are
simply old and have no other redeeming value?
RESPONSE: In the past, there was a Historic Resources Survey done for all of Tybee and in that
survey the South‐end area is a historical area is mentioned and there is a spreadsheet that the
consultant for that project put together that identifies which properties are over 50 years of age
and which ones are over 50 and historically significant. This causes a reference and we would
look to this for guidance. The Standard would be applied within the over‐lay which are 50 years
of age or older, identified, and listed eligible as referred to in the Survey Report.
1. Demolition. Demolition of historic buildings undermines the character of Tybee
Island and shall only be permitted if the following conditions are met:
(a) The demolition is required to alleviate a threat to public health or public safety as
determined by the zoning administrator based on supporting documentation
from a licensed structural engineer; and/or
(b) The demolition is required to avoid exceptional practical difficulty or undue
hardship upon any owner of any specific property. If the difficulty or hardship
claimed is economic, the applicant shall submit sufficient evidence, including an
20180823AmendedPacket Page 11 of 65 20180821/jrl
2
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
appraisal, property assessment, amount paid for the property, past income
activity, and attempts to sell the property to demonstrate that the application
of the standards and regulations of this section deprives the applicant of a
positive economic use or return on the subject property.
Plans for the replacement building, meeting the design standards for new
construction below, must be submitted and approved by the zoning
administrator prior to issuance of a demolition permit.
2. Relocation. Relocation of historic buildings can impact the character of Tybee Island
and should only be considered as a last resort in order to preserve the building. It shall
only be permitted if all of the following conditions are met:
(a) The current location and surrounding context no longer contribute to the overall
character of the property (i.e. residential property now surrounded by new
construction and commercial development).
(b) The relocation has no negative affect on the character of the surrounding
context or location (i.e. the relocation of a building to a new location on the
same parcel or an adjacent parcel).
(c) The relocation is on another site within the City of Tybee Island.
(d) Plans for the redevelopment of the lot shall meet the design standards for new
construction when applicable, and must be submitted and approved by the
zoning administrator prior to issuance of a permit to relocate a building.
3. Preservation. A historic building, or any appurtenance related thereto, including
walls, fences, accessory buildings and operational equipment, visible from a street
or public right‐of‐way shall only be altered or maintained in a manner that will
preserve the historic character, features and materials of the building. Proposed
alterations, repairs, additions, and appurtenances shall be consistent with the
current edition of the Secretary of the Interior’s Standards and Guidelines for
Rehabilitation published by the U.S. Department of the Interior.
Again, the question about “visible from a street or public right of way”. Also, the Dept.
of the Interior’s Standards and Guidelines only has 12 standards. Just about all of
them are subject to interpretation.
https://www.nps.gov/tps/standards/rehabilitation.htm
John Branigin stated this has been answered and would like to point out that the
Department of Interior Standards and Guidelines only have 12 Standards and even
there it states it is all about interpretation. RESPONSE: There are 10 National
Standards of the Secretary of the Interior publishes and the Nation follows as a
whole. They are reference in the Code and part of the Historic Preservation
Ordinance.
b. Non‐Historic Buildings and New Construction. The following design standards apply to all
buildings within the South End business overlay district that are less than 50 years of age
or are proposed for new construction. The Main Street Design Committee shall review
building permit applications and provide recommendations related to the subsection on
non‐historic buildings and new construction.
New construction shall be compatible with historic buildings in the district. Where a
material change in the exterior appearance of any existing building by addition,
20180823AmendedPacket Page 12 of 65 20180821/jrl
3
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
reconstruction or alteration is proposed, such change shall be consistent with the intent
statement at the beginning of each section below.
1. Form and Placement. Building form and placement within a block front shall provide
visual interest and coherence in a manner that is consistent with area historic
buildings when present. In order to convey a sense of place, buildings should be
prominent in relation to vehicular structures and accessory buildings and should be
situated in a manner consistent with historic development patterns.
If the number of historic buildings in an area are in a distinct minority (vs. non‐historic
buildings), why force any conformity with the minority?
Mr. Branigin stated this is where most of his concerns are and is less concerned about
prohibiting demolition of whatever. Mr. Branigin continued, he is very concerned about
restrictions on a property owner rights to do with what they wish to a non‐historic
building or especially new construction. RESPONSE: The goal of this effort, new
Standards for non‐historic and new construction was to help enhance the existing
character of the South‐end Overlay District and they looked to the historic buildings to
help establish the character was. Data was used to develop specific standards and it was
decided the historic buildings that are in the area possess the character that want to be
looked to.
(a) Building height and vertical elements of buildings shall be in context with historic
buildings in the same or adjacent block fronts. Where historic context is not
present, the mass of a building shall be broken‐down both horizontally and
vertically to convey a sense of human scale and visual interest that reflects the
traditional size of buildings on Tybee Island.
“…reflects the traditional size of buildings on Tybee Island.”… based on what / where?
Within this particular district? “Traditional” from what era?
Mr. Branigin referred to “based on” verbiage. He asked for clarification. RESPONSE: They
would refer back to the 2016 Survey. They are not looking back to what used to be but
looking to the existing character, enhancing, and preserving those historic buildings.
(b) The height of the first story of buildings on principal commercial streets shall not
be less than that of neighboring buildings and the height of any single story above
the first.
(c) Building setback shall be the average setback for the buildings on the block front
where the building will be placed, unless the average historic building setback
on the block front where the building will be placed is greater. In this instance,
the building setback shall be placed at the average historic setback.
(d) In new construction, the principal roof shall be pitched. Roof pitch shall be
between 4:12 and 8:12. Pitched roofs less than 4:12 are permitted on Tybrisa
Street and Butler Avenue provided they are screened by a parapet on the front
façade. Gable and hip roofs in excess of 8:12 pitch are permitted only where a
similar historic building roof pitch exists within the same block front.
(e) Mansard and pent roofs are prohibited.
(f) Block fronts on principal commercial streets shall not be interrupted for
automobile access, driveways, or drop‐off areas.
20180823AmendedPacket Page 13 of 65 20180821/jrl
4
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
2. Exterior Building Walls. Exterior building walls should reflect and complement the
traditional materials and construction techniques of Tybee Island’s historic regional
architecture. Simple configuration and quality materials are favored over complexity in
building form.
“Simple configuration and quality of materials are favored…”. Opinion – not relevant to
code.
Mr. Branigin stated this seems to be an opinion and it is not relevant. RESPONSE: This is
an intent statement. At the beginning of each category, a statement allows the reader of
the document to better understand the “intent” of the ABC standards that follow the
statement.
(a) Exterior walls shall be faced with wood (clapboards, board and batten, or similar
configuration), fiber cement board siding, brick, stucco, or other materials deemed
visually compatible.
(b) Exterior walls shall not be faced with vinyl siding, metal sheathing, permastone, z‐
brick, or asphalt roll to simulate brick.
(b) Solid walls over one story in height shall incorporate openings (including but not
limited to windows and recessed porches).
Facing the right of way only?
(d) Fire walls shall be internal to the structure of a building whenever possible.
3. Windows. The correct use of windows provides a sense of rhythm in architectural
form and enhances the pedestrian experience. Commercial buildings with first floor
storefronts should provide a high level of transparency and a visual connection of
interior and exterior activities.
(a) Placement
(1) The first story of a commercial building shall be designed as a storefront on
principal commercial streets. First floor retail storefront area glazing shall not
be less than 55 percent. Glazing shall be transparent.
(2) Residential facades shall incorporate windows and doors over at least 30
percent of the first floor façade.
30% is arbitrary.
Mr. Branigin stated this seems arbitrary. NO RESPONSE
(3) For each floor above the first floor, building walls shall incorporate
openings at a minimum of 25 percent of the wall face.
25% is arbitrary.
Mr. Branigin stated this seems arbitrary. NO RESPONSE
(4) The centerline of window and door openings shall align vertically on the
primary façade.
20180823AmendedPacket Page 14 of 65 20180821/jrl
5
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
Why? This may force an interior floor plan that is not what the property owner
desires.
Mr. Branigin stated this may force a resident to use a floor plan that it not
desired. RESPONSE: They are other communities that have design
standards and they looked to how they were formed. This is to provide
a rhythm and harmony in an order that is visually appealing and allows
for that sense of place.
(b) Material
(1) Wood, clad wood, composite, and metal window frames shall be
permitted.
(2) Solid vinyl windows are prohibited.
Why? I spoke with two different builders and both agreed that solid vinyl windows
are used in the majority of homes built or renovated today. From the street, they
cannot be distinguished from wood or vinyl clad windows.
Mr. Branigin questioned the “why” as vinyl windows are the dominant window
that is being used in new construction and remodels today. They are energy
efficient and not necessarily cheap. Mr. Branigin asked why they do not want to
use vinyl. RESPONSE: This is commonly found in areas that are deemed
historically significant. There was a brief discussion regarding the performance
of the vinyl windows and it was stated that generally vinyl windows do not
perform as well as those of composite, aluminum, or wood clad windows.
(3) Simulated divided light windows are permitted provided no “snap‐in” or
between‐the‐glass muntins are used.
Why? With the introduction of double pane windows, muntins are routinely
placed between the panes in order to simulate divided light windows.
From the street, one cannot distinguish were muntins are placed.
Mr. Branigin stated he does not understand what difference there is if the
window glass is divided. RESPONSE: With the close proximity to the
street, it is clearly visible it is not double pane.
(4) The boarding of windows and window openings shall not be permitted, with
an exception before, during, and immediately after an emergency situation
or during construction. Emergency and temporary boarding shall not exceed
three months.
4. Porches. Porches are an important architectural feature of Tybee Island's building
stock. They provide a transition from public to private spaces and help to break up
the mass of larger buildings. Incorporation and retention of porches helps to retain
and enhance the ocean‐front character of the residential and hotel uses within the
historic resort area, now part of the South End business overlay district.
(a) Porches are required on all entrances for new residential development and
hotel construction in accordance with the following:
(1) Single‐Family and Two‐Family. A front porch a minimum of six feet in depth
20180823AmendedPacket Page 15 of 65 20180821/jrl
6
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
shall be required over a minimum of 50 percent of the building width.
50% is arbitrary.
Mr. Branigin stated he feels this is arbitrary.
(2) All Other Residential, Inn, and Hotel uses. A porch or balcony extending a
minimum of six feet in depth and six feet in width shall be required for each
unit facing a street.
(b) Porches must have columns and railings that are separate distinguishable
features from the main exterior wall in material and configuration.
(c) Front porches shall not be enclosed in any manner. Side and rear porches may be
screened with fine wire mesh, lattice, or shutters provided the screening material is
set behind the porch columns and railings.
Since the two sentences differentiate between “front” porches and other porches, I
take this to mean that front porches may not be screened. If so, this is ridiculous given
the gnats, mosquitos and flies on Tybee.
If restrictions only apply to portion of the building “facing” the right of way, then the
second sentence needs to delete “side and rear” and replace with language clarifying
the real intent.
Why must screening material be set “behind” the columns and railings? Track systems
are now available to make screening porches easier to install and maintain and most
mount to the front of the structure. Property owners should be able to utilize those
systems if they choose.
Mr. Branigin stated without screening the porch it cannot be used during certain
times of the year. RESPONSE: This Standard was developed based on the
reconnaissance of the area. It was found that porches are an important architecture
feature, for a beach community, and they are there and functioned as a part of the
passive system allowing the capture of breezes to cool. To allow the enclosure
negates the function of the porch, as it no longer separates the public from the
private, as it is not open. It was found that most porches, in the front of the home,
are open. It was confirmed this Standard is for new construction and non‐historic
buildings. Mayor pro tem Brown expressed his concerns with the proposed
ordinance.
5. Fences and Walls. When used correctly, fences and walls aid in defining outdoor
spaces, separate the private and public realms, and add architectural interest to a
property. When used incorrectly, fences and walls can restrict light, obstruct views,
and impede pedestrian activity.
(a) The height of any fence or wall within the rear or side yards shall not exceed
eight (8) feet.
(b) Within the front yard setback, the height of any fence or wall shall not exceed
three (3) feet.
(d) Where buildings are set back from the street, landscaping is encouraged
between the building face and the street.
20180823AmendedPacket Page 16 of 65 20180821/jrl
7
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
This has nothing to do with fences or walls, is an opinion, and should be
deleted.
Mr. Branigin stated this has nothing to do with fences and walls. RESPONSE:
It is felt that landscaping can serve as a divider and therefore it feels like a
natural placement.
(e) Fence and wall materials shall be compatible and consistent with the primary
structure to which they are associated.
Subjective… does this mean that a stucco home must have a stucco wall instead of
a wooden fence?
Mr. Branigin asked if he has a stucco house does he need a stucco fence in order
to be consistent. RESPONSE: It should read “compatible and consistent”. If there
is a mix of materials in the building, there can be a mix of materials for the fence.
(f) Barbed wire, razor wire, chain link, vinyl, and PVC fencing are prohibited.
Why prohibit vinyl fencing? A white vinyl picket fence is every bit as attractive as
wooden one but requires significantly less maintenance.
Why prohibit chain link on property boundaries that are not “facing” the right of way?
Example.. wood fence on the side yards facing the right of way with chain link from
there down the side property lines and across the back.
6. Operational Equipment. Operational equipment visible from the street contributes
to visual clutter. With the screening and placement of equipment out of view, the
visual character of an area is enhanced.
Define “operational equipment”…. But in general, one should be able to “park”
whatever they wish in their own driveway.
Mr. Branigin asked for a definition of “operational equipment”. RESPONSE: They
do not have a definition for “operational equipment” and one could be
developed if it becomes a condition of the text amendment.
(a) Electrical vaults, meter boxes, and communications devices shall be located on
secondary and rear facades and be minimally visible from view.
(b) HVAC units shall be screened from the public right‐of‐way.
(c) Refuse storage areas shall be located within a building or shall be screened from
the public right‐of‐way.
(d) Pools visible from the right‐of‐way shall be screened.
(e) Screening required under these standards shall incorporate materials consistent
with the main building and prior sections on materials and fencing.
7. Accessory buildings. Accessory buildings shall be located to the rear of the lot and
not dominate the principal structure to which they are associated.
(a) Accessory buildings shall be secondary in height, scale, and mass to the principal
structure to which they are associated.
20180823AmendedPacket Page 17 of 65 20180821/jrl
8
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
(b) Accessory buildings shall correspond in material and detail to the principal
structure to which they are associated.
(c) Prefabricated metal buildings and trailers are prohibited.
(4) Uses. All commercial and multi‐family residential uses are permissible subject to site plan
approval, or special review and site plan approval, as is required by the particular zoning
classification of the property. In this district, the site plans established herein shall prevail
over any setbacks in any other part of this Code, specifically including section 3‐090
regardless of the use of the property. Mixed uses of the property are permissible. Site plan
approval and special review is required for new construction and redevelopment of
existing sites.
a. New construction and Redevelopment. and wWhen a project includes new construction
and/or the redevelopment of a parcel, a development agreement with the
owner/developer and the city specifying the site plan, location of utilities,
improvements, setbacks, driveway locations and dimensions and lot coverage may be
required. Additionally, the following standards apply to new construction and
redevelopment of properties fronting principal commercial streets.
1. First floors of buildings shall incorporate street facing active uses (including but not
limited to retail, office, lobby, restaurant, hotels, and inns) that span the length of the
façade on all facades fronting principal commercial streets and maintain individual
primary exterior entrances.
2. In an effort to maintain, enhance, and strengthen the commercial character of the
City’s original main commercial and resort area, residential development is
prohibited at the first floor of a site or building within 20 feet of the right‐of‐way of
the principal commercial street(s).
(5) Signs. Signage within the district shall be as specified herein to the extent of any
inconsistency with the sign ordinance. Permissible signage shall include sandwich boards
not to exceed three feet by five feet, which may be displayed during business hours on
sidewalks immediately adjacent to the business advertised on the sandwich board. No
advertising benches shall be permissible in the district. The existing advertising benches
located in the Fourteenth Street parking lot may remain until such time the city provides
public benches.
(6) Right‐of‐way.
a. Within the district, café style seating on sidewalks may be permissible provided that
sidewalks in the area involved, must be at least ten feet in width.
b. Notwithstanding any other provision of this Code, no outdoor selling of merchandise on
public or private sidewalks is permissible in the district except as may be allowed in
connection with authorized special events.
(7) Variances and Appeals.
a. Variances from the standards within this overlay district shall be submitted, reviewed,
and decided upon in accordance with Section 5‐090 Variances.
b. Any applicant for a building permit shall have the right to appeal to the mayor and
council should the zoning administrator refuse to approve the issuance of a permit in
accordance with Section 9‐030.
20180823AmendedPacket Page 18 of 65 20180821/jrl
9
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
(8) Definitions. In addition to existing definitions in Section 1‐2, the following terms apply to
this overlay district.
Active use. An allowed use under the zoning ordinance for a property that is open to and
provides an ongoing activity or service for the general public (i.e. restaurant, retail, office,
gallery, etc.) and which maintains a primary exterior entrance. Uses intended primarily for the
buildings’ occupants, such as meeting rooms, internal offices, hallways, storage areas,
recreational facilities not open to the general public, etc., or are primarily accessed from the
interior, are not considered active uses.
Block. A block is a rectangular space bounded on three sides by a street and on the forth by a
street or lane and occupied by or intended for buildings.
Block front. A block front is the area between two intersecting streets along the same side of
the street on which the subject parcel is located.
Building form. The physical shape of a building resulting from its mass, height, and envelope.
Commercial building. A building whose primary function is for business or retail use.
Compatibility. The positive relationship of alterations to existing buildings and designs for new
construction to their environs; compatibility is measured by consistent application of accepted
guidelines and standards defining the individual visual character of a specific area.
Façade. Any exterior face of a building.
Fronting. Facing.
Glazing. The clear or translucent material through which light passes into a building; most
often glass.
Historic building. Structures that are 50 years of age or older.
Non‐historic. A structure that is less than 50 years old and/or does not possess any known
historical or architectural significance.
Primary façade. The façade on which the primary entrance is located. For buildings on
corner lots, the building may have two primary facades.
Principal commercial streets. The portions of Tybrisa Street, Butler Avenue, and Strand
Avenue which are the present and historically business corridors within the South End
business overlay district.
Principal roof. The roof of the principal building on a parcel.
Storefront. The ground floor area of a retail building featuring large glass windows and an
entrance.
Story. That portion of a building, other than the basement, included between the surface of
any floor and the surface of the next floor above it, or if there is no floor above it, then the
space between the floor and the ceiling above the floor of such story.
Vehicular structure. Any covered structure that protects or houses a vehicle.
20180823AmendedPacket Page 19 of 65 20180821/jrl
1
South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
20180809CityCouncilPacket 20180803/jrl
Zoning administrator. The designated City staff person who administers the building code
and reviews building permit applications.
Policies and procedures applicable in this district are on file in the offices of the planning and
economic development director and are incorporated herein.
20180823AmendedPacket Page 20 of 65 20180821/jrl
I want to give many thanks to our Planning Commission for the obvious time and work that went into
their comments and decisions. This group continues to go above and beyond anything that may be
expected of them. It is apparent by the close votes and the sheer number of comments that this is a
difficult subject. We must double their pay.
Specifically, large concerns:
Section 3 a. 1. b. under demolition.
This paragraph seems to undermine the entire purpose of the text amendment. To allow
demolition because of financial problems is to allow demolition for possible bad management or poor
planning. I would rather leave the only reason for demolition of a historic building to be public safety, as
addressed in the paragraph that precedes this one. If this causes a hardship on the property owner, let’s
go to the variance process. RESPONSE: This is a hard Standard to meet, as there are specific requirements
that need to be submitted and demonstrate the economic hardship is real and exists. You would need to
include an appraisal of the property; property assessment; amount you paid for the property; past income
activity; and attempt to sell the property to demonstrate that there is an economic hardship that it must
be torn down. This can be difficult to demonstrate. It can be taken out if it is a concern. Mr. Butler
commended the consultants for their hard work. Mr. Parks stated he would rather leave it “demolitions
required alleviating a threat to public health or public safety”. If there is a hardship, there is a process
through the Planning Commission. He would not like to give people a loophole. Mr. Parks would like a
sketch of what is going on a lot if the building were to be demolished. RESPONSE: They do not want
people to demolish or move the building but want it to stay where it is. This is a public safety issue as
well.
Section 3b. 1 a. under Form and Placement.
This appears to place building height allowance under the determination of context and relative
size of adjacent buildings or similar buildings in a block. We have a 35 foot height limit. It has been
contested several times and has stood. This paragraph seems to allow an alternate method of measuring
building height. This concerns me greatly.
Mr. Parks expressed his concerns with the 35’ height limit. He feels if height is relative to the size of
adjacent building, there is a possibility they would go over the 35’ height limit. He will insist the verbiage
include “no building on Tybee shall be over 35’ ”. RESPONSE: This can be added.
Similarly, paragraph c. in this section places setbacks into the same determination by buildings
nearby or adjacent. We have clear setback requirements on the books which are contested frequently.
To allow any confusion into area of setbacks is not what I want to see.
Mr. Parks stated the City has specific set‐backs and he feels this paragraph causes a loophole.
RESPONSE: This is not a deal breaker and can be included. There was a short discussion regarding
20180823AmendedPacket Page 21 of 65 20180821/jrl
encroachments. Ms. Livingston stated the intent is to keep everything consistent. Mr. Hughes confirmed
if the proposed text amendment would supersede the existing ordinance if there were a direct conflict.
RESPONSE: The approach from Tybee is the same approach from other communities, a working
committee that looks at the area, hiring consultants and working with staff to work on concerns. Mayor
Buelterman confirmed there is a Moratorium in place that expires in September 2018 and could be
extended if needed. He would not be opposed to all the Commissioners looking at the proposed text
amendment to address concerns. Mr. Shaw confirmed. Mr. Butler stated he would like to give the
consultants the opportunity to take Mayor and Council’s as well as the public’s comments and work on
the document.
Section 3. b. 4. c. addresses a personal preference to me but one that I think is important. Front
porches should be allowed to be screened. I think that it is the only way to allow a front porch to be
enjoyed in the summer. This is a personal preference.
Permitting process:
The applicant can be denied a building permit by either the HPC or the Design Committee
depending on the age of the building. To give final say on the suitability of a permit request to a volunteer
group is a significant departure from our current practice of staff review. I may not fully understand this
process, but I could see a large problem if the makeup of either one of these groups changes to reflect an
outlook not consistent with this text amendment. While I am not adverse to handing over the final say
on permits to volunteer groups, I think we need to discuss this at length.
The flowchart provided does not show what the applicant can do if denied by either of these
volunteer groups, but I assume that their next step is to seek a variance before PC and Council. However,
the section of the amendment addressing variance does not cover refusal by either of the volunteer
groups, only if the permit request is denied by the administrator. I know this is complicated, but it must
be spelled out.
Mr. Parks asked if the flowchart was to be part of the text amendment. RESPONSE: No, it is there
to as a guiding tool and contains recommendations. Mr. Parks requested that authority not be given to
volunteer groups on the Island. RESPONSE: Reference was made to the end of the paragraph, “Historic
Buildings, the Historic Preservation Commission shall review building permit applications and provide
recommendations to the Zoning Administrator” which is not giving the authority to volunteer groups, only
recommendations.
In any case, I think we should provide a fast, reasonable method to resolve disputes without
undergoing the variance and appeal process. This can be an expensive and time consuming process. The
amendment drills down to some very fine points of design, which is good and necessary, but we need to
allow a fast method of appeal and determination that is not punishing.
20180823AmendedPacket Page 22 of 65 20180821/jrl
Smaller concerns:
Section 3. a. 3. This references items only if visible from a street or public right of way. I think this
amendment should apply to every lot and building in the area, not just those visible from a location.
Several sections reference value statements in the first lines of the sections, such as the ones on
windows or on fences. While I agree that we need to state our involvement with a sense of community
design and our goals, I’m not sure that some of the wording helps decision makers to arrive at a
conclusion. I have never believed in any verbage that makes any rule longer or takes it out of the
measurable. Large parts of this amendment could be removed to make the law more concise.
Mr. Parks stated, in his opinion, these are value statements and do not need to be included in the
text amendment as it confuses people. RESPONSE: They agree and included Intent Statements in each
section and are used to interpret the more specific Standards.
I think the section on Operational Equipment is excellent and should be considered for island wide
implementation. I also think the sections on window placement and first floor new construction should
be put in place island wide.
I understand the intent of the section on relocation but it confuses me. In any case, I think it is the
first attempt at defining how we as a community approach relocation of historic buildings and should be
made part of our code.
Overall, I think the intent of this text amendment is well intentioned, but I have serious concerns
about some large issues that I have tried to spell out. I also am concerned that in the accompanying slide
show, none of the business groups on the South End are listed as partners. Neither are any of the islands
leading builders or architects. I have always wanted, above all else, for this to be an addition to our Code
that is embraced by the majority and is something we reference with pride.
20180823AmendedPacket Page 23 of 65 20180821/jrl
1
City of Tybee Island
City Council Meeting
August 9, 2018
Remarks presented by Lisa Lepofsky
Concerned Citizens of Tybee Island
On July 16 and 19, 2018, two teams of representatives met in a
scheduled Mediation with the Department of Justice. One 5‐member
team represented the City Council, and the other 5‐member team of
local residents represented Concerned Citizens of Tybee.
This mediation occurred because the Department of Justice had been
involved in monitoring the event for the last two years due to restrictive
City ordinances applied unequally to this one group of visitors.
Orange Crush, a spring break weekend primarily attended by students
of Historically Black Colleges and Universities, has been a Tybee event
for the last thirty years. In addition to bringing a record number of
visitors each year, the large event brings significant challenges related
to crowd control, such as noise, traffic, litter, and safety.
The mediation goal was to reach common ground and sign an
agreement with the Department of Justice about a path forward
concerning
An Agreement was signed ‐‐ and we are here to report that success to
the Mayor and City Council ‐‐ and to urge you to vote tonight to accept
the Agreement that your team and ours agreed to and signed.
The language of the Agreement says: The intent of the parties to this
Agreement is to improve their working relationship for the benefit of
the people of Tybee Island. The parties agree to work collaboratively
for the benefit of the community, in a spirit of mutual cooperation
and community reconciliation.
20180823AmendedPacket Page 24 of 65 20180821/jrl
2
As the two teams sat down with the DOJ it was quickly apparent that we
had a point of agreement: The sheer size of Orange Crush poses a safety
hazard for the Orange Crush participants, Tybee residents, and non‐
Orange Crush visitors – and that there are similar concerns for other
large size events.
So the question became: What can the City and residents do to ensure
the safety of all groups during this ‐‐ and other ‐‐ large scale events,
including the access of emergency vehicles, emergency personnel, and
law enforcement during a time of maximum tourism on our island?
The signed Mediation Agreement states:
The participants in the mediation have agreed to support the
recommendation to the City Council that the city develop across the
board objective criteria that will be applied equally for all holiday
and/or tourism events, permitted or unpermitted. The City will
continue to apply the permitting process as it now exists or as
hereinafter amended.
The participants in the Mediation have agreed to support the
recommendation to the City Council that these criteria will define
and establish the thresholds at which the city will initiate actions
such as, but not limited to:
Police presence and other public safety resources,
restrictions on open containers of alcohol, traffic control
measures, sanitary facilities, litter control, and noise
abatement.
In other words, recognizing that many events overtax our resources, the
teams agreed to the need to establish thresholds for ALL events based
on statistical traffic and crime data at which City actions will be
initiated.
This agreement is very much in line with the findings of the 2015 ad hoc
Crowd Control Committee’s recommendations to City Council three
years ago.
20180823AmendedPacket Page 25 of 65 20180821/jrl
3
Other points of agreement were:
A standard press release for all expected large group
events, which includes information that establishes public
standards of conduct.
The participants in the Mediation have agreed to support
the recommendation to the City Council that these
objective criteria will be developed by the City Council
through a series of open meetings.
At least one public forum dedicated to this topic, will be
held not later than October 31st, 2018.
In addition, the City Council meetings will have this topic
as an open agenda item on their monthly docket
(beginning with tonight’s meeting).
Finally, City Council will consider designating one member
of the City Council to attend meetings with and correspond
with the Concerned Citizens of Tybee Island as the city
council develops the objective criteria.
What is the timeline?
The participants in the mediation have agreed to support the
recommendation to the City Council that City Council make a good
faith effort to establish the objective criteria not later than
December 31st 2018.
20180823AmendedPacket Page 26 of 65 20180821/jrl
4
It is our request this evening that:
1. Council votes tonight to accept the terms of this Mediation
Agreement ‐‐ which your representatives signed on July 19. Your
representatives who signed were City Manager, Shawn Gillen, City
Attorney Hughes, and Council Members John Branigin, Monty
Parks, and Wanda Doyle.
It is our request this evening that:
2. Council recognizes the earnestness of the Concerned Citizens
representatives, whose numbers are growing thanks to
communication on social media, and quickly designate one
member of Council to attend our meetings from the beginning ‐
and act as liaison.
In addition, a representative from Orange Crush was not at the table
although we made numerous attempts to communicate with various
promoters. We are now in touch with one promoter as a result of the
DOJ Mediation. We believe the approved Mediation Agreement will
help us all to find a way forward.
I’d now like to enter these comments into the official public record.
Thank you!
Lisa Lepofsky,
Concerned Citizens Representative
20180823AmendedPacket Page 27 of 65 20180821/jrl
20180823AmendedPacket Page 28 of 65 20180821/jrl
20180823AmendedPacket Page 29 of 65 20180821/jrl
20180823AmendedPacket Page 30 of 65 20180821/jrl
20180823AmendedPacket Page 31 of 65 20180821/jrl
STATE OF GEORGIA )
COUNTY OF CHATHAM )
AGREEMENT FOR SERVICES/USE OF PROPERTY
WHEREAS, the City of Tybee Island (“City”) is a duly authorized and existing
municipality under Georgia law; and
WHEREAS, the American Legion Post 154 (the “American Legion”) is located on the
City of Tybee Island and received a deed for property from the City for a portion of the property it
occupies in May 1946 (hereinafter the “deed”); and
WHEREAS, the deed from the City to the American Legion contains a number of
covenants and reversion clauses that would return title to the City in the event the American
Legion does not meet its obligations under the deed or chooses not to do so; and
WHEREAS, the American Legion wishes to provide additional substantial benefits to
residents of the City beyond the obligations as stated in the deed; and
WHEREAS, the obligations of the American Legion hereunder address only the use of the
facility and, should additional services or arrangements be required, those additional services or
requirements shall be separately negotiated between the entity requesting the facility and services
and the American Legion; and
WHEREAS, the City wishes to enter into an agreement with the American Legion
requiring it to provide certain facilities to non-profit community groups or associations in or of the
City in order that the City and its citizen groups or groups or associations based in the City may
receive additional benefits from this agreement and in consideration therefor, the City agrees to
assist the American Legion in improving the structure on the property or the components thereto
NOW, THEREFORE, the parties wish to document their agreement in writing and it is,
therefore, agreed as follows:
1. The City agrees to provide and make payment to the American Legion upon
submittal of approve and appropriate invoices for electrical repairs and upgrades to the facility and
items therein. Those funds are to total no more than $____________________ (believed to be
$86,000.00). Upon receipt of an approved invoice from the American Legion, and following any
necessary or appropriate inspection of the electrical work done when necessary or appropriate, the
City will issue payment to the American Legion which agrees to at all times maintain the property
free and clear of any liens and to promptly pay for all supplies and services incurred in connection
20180823AmendedPacket Page 32 of 65 20180821/jrl
with the property. Any disputes between the American Legion and any contractor involved in
improvements or additions of electrical or other utilities shall be promptly resolved by the
American Legion so as not to prejudice the rights of the City under this agreement, the deed, or
otherwise.
2. In consideration of the City making those payments, the American Legion hereby
agrees and commits to provide services for non-profit groups or associations of the City on a
regular basis upon being directed by the City to provide the facility and/or make it available and to
provide access and/or use to the City of the facility itself beyond those addressed in the covenants
and clauses contained in the deed from the City to the American Legion. The American Legion is
to provide recreational space, space for community gatherings, including the Hall of the American
Legion and shall make such facilities available on no more than 96 hour’s advance notice.
Applications for use of the space may be made directly to the appropriate official at the American
Legion and documentation required by the American Legion other than fees associated with the
use of the Hall may require signatures of a representative of the group or association applying for
use of the facility. The obligation of the American Legion to provide the Hall and facility
associated therewith shall include up to 12 events in one year or as otherwise agreed upon by the
American Legion and the City.
3. The American Legion shall account to the City for all funds received by providing a
written report detailing how the expenditures were made, as well as a written report detailing the
services or activities provided to residents of the City.
4. The American Legion will use electricians and contractors and vendors licensed as
required by law to accomplish the task of improving the electrical components of the building and
will secure all appropriate permits and inspections required by law. The American Legion will
select the contractors and craftsmen, as well as the materials which in its best judgment meets the
objectives of safety and Code compliance within the facility.
5. The American Legion will supply to the City invoices from craftsmen, electricians,
or other trades involved in making the necessary improvements and agrees to make all work
available for in section by the City upon reasonable notice.
6. The American Legion will indemnify and hold harmless the City from any and all
claims, demands, actions, or suits of whatever kind or nature arising from or in any way connected
to the improvements to the American Legion facility and/or any performances or events held in
such facility in connection therewith.
7. This agreement shall be effective until December 31, 2024 unless sooner terminated
by agreement of the parties.
20180823AmendedPacket Page 33 of 65 20180821/jrl
8. The obligations contained in this agreement on the part of the American Legion
shall not in any way reduce or impair or minimize the covenants previously stated in the deed of
conveyance of May 1946 and all obligations herein are in addition to the obligations under the
deed and the covenants therein.
THIS ____ day of __________________________, 2018.
AMERICAN LEGION POST 154
By: ______________________________________
Print Name/Title: ___________________________
Attest: ___________________________________
Print Name/Title: ___________________________
THE CITY OF TYBEE ISLAND
By: _____________________________________
Jason Buelterman, Mayor
Attest: ___________________________________
Jan LeViner
Approved as to Form:
________________________________
Edward M. Hughes, City Attorney
20180823AmendedPacket Page 34 of 65 20180821/jrl
1
STATE OF GEORGIA )
COUNTY OF CHATHAM )
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement, made and entered into this _____ day of ______________, 2018, by
and between the City of Tybee Island, Georgia (hereinafter the “City”) and AWR Strategic
Consulting, LLC (hereinafter referred to as ”AWR”).
WITNESSETH:
WHEREAS, the City is a Municipal Corporation in the State of Georgia; and
WHEREAS, the City is in need of securing consulting services in connection with
multiple projects including at the present time an urgent immediate project of maintaining
and restoring sand dunes for the City’s beach (hereinafter referred to as “Sand Dune Project”)
and the Beach Re-nourishment Project (“Beach Re-nourishment”); and
WHEREAS, Alan Robertson (herein referred to as “Robertson”), principal owner of
AWR, has served as a volunteer in a number of capacities for the City and, as a result of that
experience and time invested, as well as his background and education, possesses the necessary
skills to be of substantial assistance to the City in accomplishing the Sand Dune Project and
possibly other projects as will be determined in the future; and
WHEREAS, the City wishes to retain AWR for assistance in connection with the Sand
Dune Project generally described on Exhibit “A” hereto; and
WHEREAS, the parties wish to enter into an agreement whereby AWR will work with
and on behalf of the City on a consulting basis as an independent contractor; and
WHEREAS, the parties wish to reduce their agreement to writing,
20180823AmendedPacket Page 35 of 65 20180821/jrl
2
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, and other good and valuable consideration, the parties agree as follows:
1. AWR shall perform tasks related to the Sand Dune Project and the Beach Re-
nourishment Project so as to assist the City in the most efficient and economical
implementation thereof including assisting in planning, securing financing and the
implementation of the project. It is contemplated that these projects will occur over a 24
month period from the date of this Agreement. AWR will perform such services and invoice
monthly therefor showing the hours worked and will be paid at an hourly rate of $200.00 per
hour.
2. The scope of work may be expanded by amendment or by written notice from
the City Manager to AWR of other projects on which the City seeks assistance including
continuing work on the review of the Municipal Code and the updating thereof, the
implementation of the Master Plan, and such other projects as deemed appropriate by the City
Manager. It is anticipated that those projects will be on an hourly basis unless otherwise
agreed. AWR’s charges will be invoiced monthly at an hourly rate of $200.00. The invoices
shall specify the work performed.
3. AWR will make its consulting services available to the City and consult with
City staff, management, elected officials and counsel as appropriate in connection with
projects assigned and shall use his best efforts in connection with those projects in the best
interests of the City.
20180823AmendedPacket Page 36 of 65 20180821/jrl
3
4. AWR will report on the status of the projects and other assigned projects to the
City Manager who shall transmit such reports to the Mayor and Council on a monthly basis
unless otherwise requested.
5 Any supplies or materials needed for AWR to perform the functions outlined
herein shall be purchased by and belong to the City; however, all of such purchases shall be
approved by the City Manager or other authorized City official. Reasonable expenses for
postage, copying and approved travel shall be reimbursed to AWR within thirty (30) days of
the submission of an invoice. All travel anticipated must be approved in advance by the City
Manager and any other expenses will be reimbursable only if the City, through the City
Manager, authorizes such and agrees in writing that the City will be responsible therefor at
least three (3) days prior to such expense being incurred.
6. AWR will respond within a reasonable period of time not to exceed forty-eight
(48) hours to inquiries from authorized representatives of the City on issues relating to the
projects and as otherwise assigned and will provide advice, suggestions and consultation to
City staff in connection with such projects.
7. It is understood between the parties that the City shall make all decisions
concerning City personnel, City funds and budgeting and no expense chargeable to the City
may be incurred by AWR without express prior authorization from the City Manager. AWR
shall be authorized to hire other consultants, professionals, engineers, or other agents;
however, any such person or entity shall be at AWR’s sole expense.
8. Specifically authorized representatives of the City including the Manager, City
Attorney, elected officials and Director of Planning may initiate contact with Robertson
20180823AmendedPacket Page 37 of 65 20180821/jrl
4
regarding inquiries in connection with projects or additional projects as may arise from time
to time. Confirmation of any request for AWR’s services shall be made by any such employee
or agent of the City in writing indicating that the request is made pursuant to this Contract;
however, as provided in Paragraph 2, only the City Manager may expand the scope of work
beyond the Sand Dune Project and the Beach Re-nourishment Project.
9. AWR is retained only for the purpose and to the extent set forth in this
Agreement and Robertson’s relationship to the City shall be that of a independent contractor.
As such, Robertson shall not be entitled to any retirement, health, or similar benefits which are
available only to City employees.
10. Notwithstanding any other provision hereof, either party may terminate this
contract for any reason whatsoever, or for no reason at all, as the party may determine in its
own discretion, upon thirty (30) days notice in writing to the other party. Notice as required in
this paragraph or any other notices required or called for under this Agreement shall be
directed as follows:
To Robertson: Alan Robertson
AWR Strategic Consulting, LLC
PO Box 303
Tybee Island, GA 31328
To City: Mayor Jason Buelterman
Or His Successor in Office
City of Tybee Island
Post Office Box 2749
Tybee Island, Georgia 31328
with a copy to: City Manger
Post Office Box 2749
Tybee Island, Georgia 31328
20180823AmendedPacket Page 38 of 65 20180821/jrl
5
and to: Edward M. Hughes, Esq.
Ellis Painter Ratterree & Adams
PO Box 9946
Savannah, Georgia 31412
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal
the day and year first above written.
City of Tybee Island, Georgia
By:
Jason Buelterman, Mayor
Attest:
Jan LeViner
AWR STRATEGIC CONSULTING, LLC
By:
Alan Robertson, Principal
Witness:
APPROVED AS TO FORM:
Edward M. Hughes
Attorney for City of Tybee Island, Georgia
Exhibit A
Dune Restoration Project
The Georgia Department of Community Affairs has indicated Tybee will be granted
$5 million to fund the Dune Restoration Project to repair damage to our dune system created by
hurricanes Mathew and Irma, strengthen the dune system to provide enhanced protection from
future storm surge, and continue to provide effective public access to the beach by repairing and
20180823AmendedPacket Page 39 of 65 20180821/jrl
6
extending pedestrian crossovers as well as DPW and marine rescue vehicle crossovers once the
dunes are restored.
At the time of this Contract we are expecting to receive a Memorandum of Understanding from
the DCA shortly, which will outline the parameters of the funding. The funding is expected to
occur over 21 months from July, 2018, extending to April 30, 2020.
Beach Re-nourishment Project
Additionally, another $13 million has been awarded to the City to fund a complete Beach Re-
nourishment Project, expected in the fall of 2019.
Scope of Work
AWR will assist the City Manager and Staff in planning the project, obtaining necessary
regulatory permits, putting work out to bid, coordinating with vendors and contractors to get
work done on a timely basis and within the requirements of the Georgia Department of Natural
Resources, holding pubic hearings to obtain comment and answer questions, and reporting to the
Infrastructure Committee of the City Council on a regular basis as the City Manager or City
Council deem appropriate for both the Dune Restoration and the Beach Re-nourishment.
Approval by the Georgia DNR Shore Protection Act Committee is required for all work
contemplated by this Dune Restoration Project. Due to DNR restrictions preventing any
disruptive activity on the beach during turtle nesting season, from May 1 to November 1 of each
year, work on dune restoration is limited to November 1 to April 30 each year.
The City will work with both the DNR and the Army Corp of Engineers (“USACE”) in the
Beach Re-nourishment Project.
EMH\TYBEE\1095/Contract
20180823AmendedPacket Page 40 of 65 20180821/jrl
20180823AmendedPacket Page 41 of 65 20180821/jrl
1
STATE OF GEORGIA )
COUNTY OF CHATHAM )
MUNICIPAL COURT PROSECUTION AGREEMENT
THIS AGREEMENT made and entered into this ___ day of August, 2018 by and between
ANDRE PRETORIUS, an attorney authorized to practice law in the State of Georgia (hereinafter
‘Pretorius”) and the CITY OF TYBEE ISLAND, GEORGIA, a body politic and a municipality of
the State of Georgia (hereinafter “City”). This Agreement shall be effective upon its execution by
the parties, except that some services may have been provided prior to the execution hereof in
anticipation of this Agreement and shall be governed hereby.
WHEREAS, Pretorius is an attorney practicing in Chatham County, Georgia, and is
currently the Chief Assistant District Attorney of the State Court of Chatham County; and
WHEREAS, in his capacity as an Assistant District Attorney with Chatham County,
Pretorius has been authorized to contract with the City to provide Municipal Court prosecution
services therein to include prosecution of alleged ordinance violations within the City; and
WHEREAS, applicable laws, including O.C.G.A. § 15-18-91 and § 15-18-22, et seq.,
prosecuting attorneys may be appointed in municipal courts upon approval by the governing body;
provide a filing with the Prosecuting Attorney’s Council of the State of Georgia of this
appointment is required under Georgia law within thirty (30) days of the appointment; and
WHEREAS, Pretorius maintains all of the required qualifications to act as prosecutor in the
Municipal Court of the City and has secured appropriate authorization from the District Attorney
of Chatham County to act in that capacity; and
WHEREAS, the City and Pretorius have negotiated the within agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows:
1. Engagement. Pretorius agrees to provide prosecution services for defendants
charged with ordinance violations in the Municipal Court of Tybee Island, Georgia, as appropriate
and in accordance with all applicable laws, the City Charter and the ordinances of the City.
Pretorius is to act as Municipal Court prosecutor in accordance with such laws.
2. Place of Work. Pretorius, as prosecutor, will perform the services as required by
the City on a part time independent contractor basis at such times and places as shall be determined
20180823AmendedPacket Page 42 of 65 20180821/jrl
2
by Pretorius, except that court shall be held in places designated by the City and Pretorius will
appear on behalf of the City when appropriate to do so in connection with his responsibilities under
this Agreement.
3. Pretorius shall at all times maintain membership in the Georgia Bar as a member in
good standing and shall use his best efforts and judgment in performing services of prosecutor and
shall act as an independent contractor in the representation of the City when acting on its behalf.
Pretorius shall be required to attend court sessions when necessary and appropriate and as
otherwise agreed upon. Pretorius shall be free to arrange the manner of performance of his duties
hereunder and shall comply with time requirements as might be imposed by the Chatham County
District Attorney as far as hours of performance with regard to City ordinances.
4. Manner of Performance. Pretorius will determine the method, details and means of
performing services on behalf of the City. The City shall have no right to and shall not control the
manner or determine the method of accomplishing Pretorius’ prosecution services; however, when
appropriate, Pretorius shall be entitled to the assistance of the City Attorney or his designee in
connection with zoning or other ordinances of the City requiring consistent or uniform
interpretation. The City shall provide Pretorius with sufficient space and accommodations and
staff necessary to accomplish the services addressed herein.
5. Compensation. For the services to be rendered and performed hereunder by
Pretorius as public defender, the City will pay Pretorius $_________________ annually for two
court sessions per month for services rendered pursuant to this Agreement. Payment shall be
invoiced and paid monthly. Pretorius acknowledges that this is an independent contractor
agreement and he shall be responsible for the payment of any and all taxes on the compensation
paid to him hereunder and agrees to indemnify and hold the City harmless with regard thereto. As
an independent prosecutor, Pretorius shall not be entitled to receive any fringe benefits that are
generally available to employees of the City and shall only be entitled to receive the cash
compensation specifically set forth herein. It is agreed, when requested by the City, Pretorius will
provide estimated costs, expenses, or amount of time spent in connection with prosecutions
hereunder.
6. Term. This Agreement shall be an at-will agreement terminable by either party by
providing written notice at least thirty (30) days in advance of the termination and shall have an
initial term of twelve (12) months from the date hereof. Notwithstanding any other provision
hereof, all obligations of the City hereunder shall cease as of December 31 of each calendar year
and at the conclusion of the fiscal year in which this Agreement is in effect subject, however, to an
automatic renewal of the Agreement in the absence of a notice to not renew or cancel at least thirty
(30) days prior to the end of a calendar year or the end of the City’s fiscal year.
20180823AmendedPacket Page 43 of 65 20180821/jrl
3
7. Expenses. The City shall only reimburse Pretorius for expenditures if Pretorius had
prior authorization from the City to incur such expenditures.
8. Assignment. The City specifically contracts for services of Pretorius but, from time
to time, in the event Pretorius is unavailable, Pretorius may assign such contract or delegate duties
hereunder without notice to the City.
9. Georgia Law. This Agreement shall be governed by and construed in accordance
with the provisions of the laws of the State of Georgia.
10. Severability. Should any provision of this Agreement be held invalid by any court
of competent jurisdiction, such invalidity shall not affect the validity of the remainder of this
Agreement.
11. Captions. The captions or headings of the sections or other subdivisions hereof are
inserted only as a matter of convenience or for reference and shall have no effect on the meanings
of the provisions hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
date and year first above written.
________________________________________
Andre Pretorius, Prosecutor, Municipal Court
CITY OF TYBEE ISLAND, GEORGIA
By: _____________________________________
Jason Buelterman, Mayor
Attest: ___________________________________
Jan LeViner, Clerk
APPROVED AS TO FORM:
______________________________
Edward M. Hughes, City Attorney
479
20180823AmendedPacket Page 44 of 65 20180821/jrl
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Council Meeting Date for Request: August 23, 2018
Item: Warwick Group Consultants
Explanation: _Fee Increase
Budget Line Item Number (if applicable):
Paper Work: 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: Shawn Gillen
Phone / Email: 472-5070 / sgillen@cityoftybee.org
Comments: ________________________________________________________________________________
__________________________________________________________________________________________
Date given to Clerk of Council August 16, 2018
20180823AmendedPacket Page 45 of 65 20180821/jrl
Memorandum of Agreement
OneGeorgia Authority and the
City of Tybee Island
THIS AGREEMENT is made by and between the OneGeorgia Authority, having principal offices at 60
Executive Park South, NE, Atlanta, GA 30329 (hereinafter referred to as "Authority") and the City of
Tybee Island, P.O. Box 2749, 403 Butler Avenue, Tybee Island, GA 31328 (hereinafter known as
"Jurisdiction").
WHEREAS, Georgia's beaches sustained damage during Hurricane Irma, Hurricane Matthew, and
other naturally-occurring events;
WHEREAS, in an effort to offset capital outlays necessary for expenses related to beach
renourishment expenses, the FY18 amended budget (HB 683, as signed by the Governor on March
9, 2018) designated ten million dollars ($10,000,000.00) to the Authority for beach renourishment
projects; and
WHEREAS, the Authority seeks to issue one time grants to impacted Jurisdictions for reimbursement
of beach renourishment activities.
In consideration of the mutual premises and covenants herein contained and intending to be
legally bound, the parties hereto agree as follows:
1 Definitions
1.1 "One-time grant" shall mean an amount of up to $5,000,000 that shall be available to the
Jurisdiction.
2. Term
The term of this Agreement shall commence on July 1, 2018 and end on April 30, 2020.
3. Compensation
3.1 The Authority will disburse the amount of up to $5,000,000 in periodic reimbursement
payments to the Jurisdiction. The Jurisdiction may begin submitting request for disbursements under
this Agreement for eligible activities in accordance with Section 5 of this Agreement, upon execution of
this Agreement. The Jurisdiction must be in compliance with all requirements in this Agreement at the
time the reimbursement request is submitted to the Authority. The Authority shall disburse payments
for all eligible activities in reimbursement requests within 30 days of receipt of the reimbursement
request.
1
20180823AmendedPacket Page 46 of 65 20180821/jrl
The executed agreement shall be received by the person denoted below no later than August 31,
2018:
Georgia Department of Community Affairs
Mn: Anna Hensley
60 Executive Park South, NE
Atlanta, GA 30329
Anna.Henslevdca.qa.gov
(404) 679-4912
3.2 Funds will be disbursed to:
City of Tybee Island
PO Box 2749
Tybee Island, GA 31328
3.3 Should work resulting in the expenditure of all funding not be completed by April 30,
2020, the Authority shall make the balance of funds available to another recipient with funding under
this program who has fully expended its funding and has additional projects that could commence
immediately following turtle nesting season. Should another recipient have no needs for remaining
funding following April 30, 2020, this Jurisdiction will be given the opportunity to expend the funds.
If, however, multiple jurisdictions have funding remaining at the conclusion of the performance period,
the Authority, through the Commissioner of the Department of Community Affairs, shall be the sole
arbiter in determining the allocation of remaining funds.
4. Compliance
4.1 Any jurisdiction designated for this one-time grant must be in compliance, as of the date of
disbursement, with all state audit, reporting and planning requirements as required for receipt of state
funds.
4.2 The Jurisdiction must maintain compliance with all state and federal laws in its administration
of eligible activities.
5 Eligible Activities
5.1 Funds allocated to the Jurisdiction may be used for necessary studies,
2
20180823AmendedPacket Page 47 of 65 20180821/jrl
planning/consulting/engineering activities, obtaining necessary state and/or federal permits,
construction or reconstruction of beaches and/or dunes (including dredging and placement of sand),
location-appropriate natural vegetation necessary to maintain dunes, construction/reconstruction of
dunes, installation of rock revetments, or other activities deemed appropriate by the Authority.
6. Miscellaneous
6.1 All notices and other communication required or permitted to be given under this
Agreement shall be addressed to the parties at their respective addresses set forth below unless
by such notice a different person or address shall have been designated.
Georgia Dept. Community Affairs
Attn: Anna Hensley
60 Executive Park South, NE
Atlanta, GA 30329
Anna.Henslev(a.cfca.qa.qov
City of Tybee Island
Mayor Jason Buelterman
P.O. Box 2749
Tybee Island, GA 31328
mayor@cityoftybee.orq
6.2 The parties to this Agreement are and shall remain independent contractors and
nothing herein shall be construed to create a partnership, agency or joint venture between the
parties.
6.3 All questions concerning the validity, operation, interpretation and construction of this
Agreement will be governed by and determined in accordance with the laws of the State of Georgia.
Venue with respect to any action shall be in the Superior Court of Fulton County.
6.4 No waiver by either party of any breach of any provision hereof shall constitute a
waiver of any other breach of that provision or any other provision hereof.
6.5 This Agreement sets forth the entire agreement and understanding between the parties
as to the subject matter hereof and merges all prior discussions between them; and neither party
shall be bound by conditions, definitions, warranties, understandings or representations with
respect to such subject matter other than as expressly provided therein. This Agreement may not
be modified or altered except in writing by an instrument duly executed by authorized officers of
both parties. No other terms and conditions, oral or written, be they consistent, inconsistent, or
additional to those contained herein, shall be binding upon the parties, unless and until such terms
and conditions shall have been specifically accepted in writing by the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK,
3
20180823AmendedPacket Page 48 of 65 20180821/jrl
SIGNATURE PAGE FOLLOWS]
4
20180823AmendedPacket Page 49 of 65 20180821/jrl
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their duly authorized officers the day and year set forth below.
For the Georgia Department of Community Affairs
G. Christopher Nunn, Commissioner
Date:
For City of Tybee Island
Jason Buelterman, Mayor
Date:
5
20180823AmendedPacket Page 50 of 65 20180821/jrl
1
STATE OF GEORGIA )
COUNTY OF CHATHAM )
MUNICIPAL COURT PROSECUTION AGREEMENT
THIS AGREEMENT made and entered into this ___ day of August, 2018 by and between
ANDRE PRETORIUS, an attorney authorized to practice law in the State of Georgia (hereinafter
‘Pretorius”) and the CITY OF TYBEE ISLAND, GEORGIA, a body politic and a municipality of
the State of Georgia (hereinafter “City”). This Agreement shall be effective upon its execution by
the parties, except that some services may have been provided prior to the execution hereof in
anticipation of this Agreement and shall be governed hereby.
WHEREAS, Pretorius is an attorney practicing in Chatham County, Georgia, and is
currently the Chief Assistant District Attorney of the State Court of Chatham County; and
WHEREAS, in his capacity as an Assistant District Attorney with Chatham County,
Pretorius has been authorized to contract with the City to provide Municipal Court prosecution
services therein to include prosecution of alleged ordinance violations within the City; and
WHEREAS, applicable laws, including O.C.G.A. § 15-18-91 and § 15-18-22, et seq.,
prosecuting attorneys may be appointed in municipal courts upon approval by the governing body;
provide a filing with the Prosecuting Attorney’s Council of the State of Georgia of this
appointment is required under Georgia law within thirty (30) days of the appointment; and
WHEREAS, Pretorius maintains all of the required qualifications to act as prosecutor in the
Municipal Court of the City and has secured appropriate authorization from the District Attorney
of Chatham County to act in that capacity; and
WHEREAS, the City and Pretorius have negotiated the within agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows:
1. Engagement. Pretorius agrees to provide prosecution services for defendants
charged with ordinance violations in the Municipal Court of Tybee Island, Georgia, as appropriate
and in accordance with all applicable laws, the City Charter and the ordinances of the City.
Pretorius is to act as Municipal Court prosecutor in accordance with such laws.
2. Place of Work. Pretorius, as prosecutor, will perform the services as required by
the City on a part time independent contractor basis at such times and places as shall be determined
20180823AmendedPacket Page 51 of 65 20180821/jrl
2
by Pretorius, except that court shall be held in places designated by the City and Pretorius will
appear on behalf of the City when appropriate to do so in connection with his responsibilities under
this Agreement.
3. Pretorius shall at all times maintain membership in the Georgia Bar as a member in
good standing and shall use his best efforts and judgment in performing services of prosecutor and
shall act as an independent contractor in the representation of the City when acting on its behalf.
Pretorius shall be required to attend court sessions when necessary and appropriate and as
otherwise agreed upon. Pretorius shall be free to arrange the manner of performance of his duties
hereunder and shall comply with time requirements as might be imposed by the Chatham County
District Attorney as far as hours of performance with regard to City ordinances.
4. Manner of Performance. Pretorius will determine the method, details and means of
performing services on behalf of the City. The City shall have no right to and shall not control the
manner or determine the method of accomplishing Pretorius’ prosecution services; however, when
appropriate, Pretorius shall be entitled to the assistance of the City Attorney or his designee in
connection with zoning or other ordinances of the City requiring consistent or uniform
interpretation. The City shall provide Pretorius with sufficient space and accommodations and
staff necessary to accomplish the services addressed herein.
5. Compensation. For the services to be rendered and performed hereunder by
Pretorius as public defender, the City will pay Pretorius at a rate of $200.00 per court session
involving City ordinance violations. The parties agree to evaluate the compensation at 6-month
intervals and it can be changed by mutual agreement of the Manager and Pretorius in writing with
the Manager giving notice of the change to the Mayor and Council and the Finance Director.
Payment shall be invoiced and paid monthly. Pretorius acknowledges that this is an independent
contractor agreement and he shall be responsible for the payment of any and all taxes on the
compensation paid to him hereunder and agrees to indemnify and hold the City harmless with
regard thereto. As an independent prosecutor, Pretorius shall not be entitled to receive any fringe
benefits that are generally available to employees of the City and shall only be entitled to receive
the cash compensation specifically set forth herein. It is agreed, when requested by the City,
Pretorius will provide estimated costs, expenses, or amount of time spent in connection with
prosecutions hereunder.
6. Term. This Agreement shall be an at-will agreement terminable by either party by
providing written notice at least thirty (30) days in advance of the termination and shall have an
initial term of twelve (12) months from the date hereof. Notwithstanding any other provision
hereof, all obligations of the City hereunder shall cease as of December 31 of each calendar year
and at the conclusion of the fiscal year in which this Agreement is in effect subject, however, to an
20180823AmendedPacket Page 52 of 65 20180821/jrl
3
automatic renewal of the Agreement in the absence of a notice to not renew or cancel at least thirty
(30) days prior to the end of a calendar year or the end of the City’s fiscal year.
7. Expenses. The City shall only reimburse Pretorius for expenditures if Pretorius had
prior authorization from the City to incur such expenditures.
8. Assignment. The City specifically contracts for services of Pretorius but, from time
to time, in the event Pretorius is unavailable, Pretorius may assign such contract or delegate duties
hereunder without notice to the City.
9. Georgia Law. This Agreement shall be governed by and construed in accordance
with the provisions of the laws of the State of Georgia.
10. Severability. Should any provision of this Agreement be held invalid by any court
of competent jurisdiction, such invalidity shall not affect the validity of the remainder of this
Agreement.
11. Captions. The captions or headings of the sections or other subdivisions hereof are
inserted only as a matter of convenience or for reference and shall have no effect on the meanings
of the provisions hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
date and year first above written.
________________________________________
Andre Pretorius, Prosecutor, Municipal Court
CITY OF TYBEE ISLAND, GEORGIA
By: _____________________________________
Jason Buelterman, Mayor
Attest: ___________________________________
Jan LeViner, Clerk
APPROVED AS TO FORM:
______________________________
Edward M. Hughes, City Attorney
20180823AmendedPacket Page 53 of 65 20180821/jrl
1641381.1
A RESOLUTION APPOINTING ANDRE PRETORIUS
AS THE PROSECUTING ATTORNEY OF
THE MUNICIPAL COURT OF THE CITY OF TYBEE ISLAND,
GEORGIA PURSUANT TO O.C.G.A. §15-18-92(b) AND
SECTION 3.2 OF THE CHARTER OF THE
CITY OF TYBEE ISLAND
BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in open
meeting duly assembled on the ___ day of __________________, as follows:
1. Andre Pretorius is hereby appointed as the prosecuting attorney of the Municipal
Court for the City of Tybee Island, Georgia.
2. The appointment is effective for a term of twelve (12) months pursuant to the
applicable provisions of the Tybee Code and state law.
3. The prosecuting attorney may call upon the City Attorney or his designee to assist
with the prosecution of certain ordinance violations in the City and in the Municipal Court of the
City.
4. Within thirty (30) days of the effective date of this Resolution, the Municipal
Court Clerk or her designee and/or the Clerk of Council shall notify the Prosecuting Attorney’s
Council of the state of Georgia of this appointment as required under Georgia law.
5. This Resolution shall become effective upon its adoption.
SO RESOLVED, this the ____ day of ___________________, 2018.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2018/prosecuting atty
20180823AmendedPacket Page 54 of 65 20180821/jrl
RESOLUTION IMPOSING SECOND MORATORIUM
ON DEMOLITION PERMITS OF HISTORIC STRUCTURES
IN THE SOUTHEND BUSINESS OVERLAY DISTRICT
WHEREAS, the City of Tybee Island is a duly organized municipality existing under the
laws of the State of Georgia; and
WHEREAS, the City of Tybee Island contains numerous historic areas and historic
structures in need of protection or in need of consideration for protection; and
WHEREAS, the City has established a Southend Business Overlay District [the Code of
Ordinances for the City of Tybee Island Land Development Code, Section 4-050(O) which is in
need of special consideration with regard to the historic value of existing structures within the
overlay district, a generally commercial area, located on the southern beach area of the island
including historic Tybrisa Street; and
WHEREAS, the City is in need of protecting historic, architecturally significant and
similar structures located within the Southend Business Overlay District; and
WHEREAS, in order to protect the historic fabric of the area and the structures within the
Southend Business Overlay District, and to provide time for the examination of options to
improve existing protections in the Historic Preservation Ordinance of the City; and
WHEREAS, in order to protect any and all structures in the areas described above an
immediate imposition of a moratorium on the issuance of demolition permits pertaining to
structures in the Southend Business Overlay District is necessary in order that the City and
interested groups or organizations therein can investigate standards to be applicable to structures
within that District; and
WHEREAS, the City has previously issued a moratorium on the demolition of structures
or the issuance of demolition permits for structures within the Southend Business Overlay
District for a period of 180 days on March 22, 2018; and
WHEREAS, such Resolution and the prohibition of the issuing of demolition permits for
structures in the Southend Business Overlay District should continue while the work of the City
and groups within the City including, but not limited to, the Historic Preservation Commission,
the Development Authority/Main Street Program, the Planning Commission and others continue
to explore guidelines to be included in the Southend Business Overlay District in order to protect
the interests and welfare of the City, its residents, merchants and tourists, and to preserve, in an
appropriate manner, historic structures located within the Southend Business Overlay District.
20180823AmendedPacket Page 55 of 65 20180821/jrl
1641381.1
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Tybee Island, duly assembled in open meeting, that the moratorium addressed herein shall
continue for a period of ___ days in order to continue efforts to develop guidelines as called
for in the earlier Resolution.
SO RESOLVED, this the ____ day of ___________________, 2018.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2018/cont historic structure moratorium 08.20.18
20180823AmendedPacket Page 56 of 65 20180821/jrl
DAVIS ENGINEERING
PO Box 1663 Tybee Island, Georgia 31328
Tel. (912) 695-7262 dkdbus@gmail.com
August 6, 2018
George Shaw, Director of Community Development City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Phone (912) 786-4573 Fax: (912) 786-9539 RE: Proposed 5th Street R.O.W. improvements at the HWY 80 entrance to the SPNT Dear Mr. Shaw:
It’s my understanding that the Mayor and Council are looking for LID / Green Infrastructure design to
be used in any drive improvements. The following comments are offered for compliance with existing
codes.
City Council and Staff have seen the two common permeable pavement types to the left of the exhibit below. If a more “natural” surface is proposed, the look of the other two on the right would be more appropriate. The plastic grid pavers with the lawn look are not recommended for commercial drives, but the concrete grid pavers are..
(From the CSS the City adopted around 2012.)
Low Country Pavers (the only paver manufacturer for hundreds of miles) carries this product. https://lcpaver.com/turf-block/ Their online brochure states concrete grid pavers, “…,are most often
used for parking spaces, emergency service and utility vehicle access roads through grass, wooded or
dirt areas. …The voids can be filled with stone for a decorative look or topsoil and seeded for soil
stabilization. …Turf-Block in a variety of colors other than plain gray.“ I first used this product in 1980 for (jeep) tour vehicle staging (4 tours daily – parallel parking) at Kiawah Island. When I left in 1984, there had been no failures. However, you only get a 25-50% grass coverage and the installation cost is high.
20180823AmendedPacket Page 57 of 65 20180821/jrl
Page 2 5th St / SPNT Drive Improvements
For a natural but residential look, I’d recommend a crushed stone base (possibly with oyster shell
topping) would be cost effective, code compliant, and provide a more natural, residential and coastal look. I met with the Project Design Engineer a couple of weeks ago on this project. During this meeting he pressed for to leave it lawn / “as is”. I did not restate the references in the rather lengthy email I sent you that advised why this was not code compliant. I’m not aware of commercial driveway or emergency access allowed to only residential lawn specifications. The Fire Chief’s opinion on the minimum stability of 5th Street to use for emergency access should mirror my concerns.
As for drainage, I’d recommend adequate topo be provided, even though the design will be very
straightforward. I envision the drainage flow to be southward with existing grass to filter/treat runoff
prior to flowing overland to the marsh further south in the unopened 5th St. R.O.W.
Other than removing soil to allow the driving improvements to be installed (mostly, at existing grade)
little terrain alteration is anticipated. Terrain alteration would likely be to avoid shedding runoff from 5th Street onto the nature trail and the subdivision to the east. Due to existing elevations, sheding runoff onto the property to the west is improbable. The terrain change along the west side of the 5th St. R.O.W. is steep enough that steep slopes or a bulkhead will be required if the 20’ lane abuts the west 5th St. R.O.W. limit. This is another reason that topographic information is warranted. Simply leaving the west 20’ “as is” does not provide a suitable driving lane, for emergency purposes or otherwise.
Please advise if you need further clarification on this matter.
Sincerely,
Downer K. Davis, Jr., P.E.
218034 SPNT 5thSt Improvements
20180823AmendedPacket Page 58 of 65 20180821/jrl
20180823AmendedPacket Page 59 of 65 20180821/jrl
City of Tybee Island
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, GA 31328
(912)786-4573 – FAX (912) 786-5737
www.cityoftybee.org
Richard “Ricky” Stewart
Candidate for Engineer and Director of Infrastructure
Executive Summary
The new position of Engineer and Director of Infrastructure was approved by Mayor and City
Council members on December 14, 2017. This redesign was to focus on the resources of the city
and its strategic priorities and other growth areas and improve decision making and accountability.
This new position would not be filled until the new fiscal year 2018-2019.
Recruitment efforts included begin in May of 2018. The ad for the position was placed on
professional in state websites – GLGA (Georgia Local Government Access), APWA (American
Public Works Association) and our local City of Tybee Island website.
Fourteen (14) applications were reviewed by the City Manager, Assistant City Manager, and Mayor
Pro Tem Barry Brown. Four (4) candidates were chosen to interview by phone. The City Manager
organized a panel to conduct the interviews. The panel included the City Manager, Shawn Gillen;
Assistant Mayor Pro Tem, Barry Brown; Garden City Manager, Ron Feldner; Thomas and Hutton
Consulting Engineer, Chris Stovall; and Tybee Island Citizen and Planning Commission Chair,
Demery Bishop. After the phone interviews were completed, the panel chose 2 candidates to visit
Tybee Island, to see the facilities and to conduct a second in person interview. After this process,
Richard Stewart was chosen for the position
If confirmed, Ricky will give a four week notice and will start working for the city immediately
following that notice.
Background vs. position specifications
A detailed job specification is attached for the position of Engineer and Director of Infrastructure.
Based on the interview and reference checks. Ricky meets and exceeds each element within the
specifications.
Educational Background
Ricky holds Bachelor of Science in Civil Engineering Technology from Southern Polytechnic State
University.
20180823AmendedPacket Page 60 of 65 20180821/jrl
Work History
Ricky has over 20 years of governmental experience. He has worked in the City of North Augusta,
SC; City of Dahlonega, GA; Ellijay Gilmer County Water and Sewerage Authority; and City of
Kennesaw, GA. His has experience in management, plan review, inspection, budgeting, preparing
bid documents and contracts, and maintenance in Public Works and Public Utilities.
Computer software knowledge
Proficient with survey equipment, AutoCAD, Microsoft Word and Excel.
Relocation
Ricky and his spouse will be moving to Tybee Island. They will move immediately following his
four weeks’ notice and are planning on purchasing a house on Tybee Island.
References
Reference checks (attached) were completed.
Background check
An updated background revealed no problems.
Concerns
The panel has no concerns about Ricky. They believe he will be a good fit as the Engineer and
Director of Infrastructure and with the overall management team of Tybee Island. The City
Manager is very excited that Ricky has accepted this position pending confirmation.
20180823AmendedPacket Page 61 of 65 20180821/jrl
ACTION ITEM LISTDATEACTION ITEM LIST FROM MAYOR AND COUNCILRESPONSIBILITYNOTESPROPOSED COMPLETION2/22 Marine Science CenterContract awareded to West Construction. Sending final agreement. Check with Chatham County for funding.2/22 Highway 80 LandscapingCM, T&HWaiting on meeting with Thomas and Hutton4/19 Salt MeadowsCM, BH, T&HWaiting to be permitted by DNR4/19 Marsh Hen Trail4/19 Tybrisa• Additional trash cans• Pressure wash by Beach Ambassadors through their budget• Litter• Overall appearance of trash cans• Planters at or near benches• DPW responsible for trash pick upCM, DPW• Pressure washing done weekly• 10 trash cans ordered last week in June4/26 Bid documents for new roof at YMCACM/GreenlinePrebid Meeting Held on June 14th. Bids Due Tuesday June 26th at 2pm. Came in over budget. Greenline is going back to bid. Bid documents are being done. 4/26 Jaycee Park – Included in the Capital Budget• Bathroom• Pickle Ball CourtCMMet with Hayley Hill to to discuss YMCA needs. Will begin developing plan for park. 4/264/26Jaycee Park Recreation PlanYMCA/ CM4/26Roundabout Repairs• Repaint roundabout• Remove grass and rocks and replace with bricks• $10,000 estimate as pricing has not been recievedCM$20,000 proposed included in the budget cycle.4/26Landscaping around NB BathroomsDPWWorking with DPW and Thomas and Hutton on this to see what short term and long term improvements can be done.4/26 Electricity on Strand/south-endCMIncluded in proposed budget4/26Bump stops at the parking area in front of the Shrine Club: current stops are buried in the ground and need to be replaced. Add gravel to area where needed CM/DPWWorking in it. Will get pricing this month150_010_20180923Nonupdated.xlsxPage 120180823AmendedPacketPage 62 of 6520180821/jrl
ACTION ITEM LISTDATEACTION ITEM LIST FROM MAYOR AND COUNCILRESPONSIBILITYNOTESPROPOSED COMPLETION4/26Put gravel in the areas where there is sand in the area in front of the Shrine ClubCM/DPWWill identify costs this month4/26Have City Marshal enforce wares too far out on sidewalk which is a public safety issueCITY MARSHALWill have marshals follow up bi-weekly. Need to look at Overlay District. City Marshal is enforcing the ordinance4/26 STVR Ordinance revision regarding registration inputCM/SHAWWorking with IT to develop online registration process. Current software limits our cabability but we are working with them to resolve the issues. 5/24Contact Chatham County Police as to enforcing HB 673 on Highway 80PUBLIC SAFETY COMMITTEEAttended Public Safety Committee Meeting. Working with TIPD 5/24Marsh Hen TrailCM/BHWaiting for executed agreemnt with property owners. Once this is done we can begin. We have updates at each infrastrucutre committee.5/24Shallow Wells• Showers• Maintenance• Testing on south-end• Filter systemCMMet with T&H to develop bid specs. Should have those by June 14th. We can then get bids. Maintenance to go to W/S Dept. Testing will be part of operational costs and assigned to W/S5/24Stop Signs Between 1th and 6th Street on Jones Traffic StudyCM/THOMAS & HUTTONT & H will begin traffic studies on Jones in mid to late June.6/4City Owned Building InspectionCMWill begin process this month. May need an outside consultant. Will know more at the next budget meeting6/4Real Time cost for beach clean upCMGathering info6/46/4Sec 4-030, LDC: Process to start regarding changing the ordinance which split lots in the C-2 District.SHAWGeorge to identify properties that have split zoning. 3-6 month process6/4Memorial Park Plan/Ad Hoc CommitteeAD HOC COMM.6/4North-end pedestrian statusCM/THOMAS & HUTTON6/4 South-end parking study statusCM/THOMAS & HUTIn infrastructure committee for input. Additional input gatherd. Will be on June Infrastruucture committee. Request for August City Council meeting6/4 Public TransportationCM/CHANTELLChantel to check with bringing back the daily public transportation from Tybee to Savannah and return. This service was twice a day and afforded beach . New Item. No update at this time6/4Police Radio Communications on South EndCM/ITPossible moving Radio Site from PSB to Memorial Park for better reception Island wide. Savannah Communications is looking at radios for upgrades and compatability. 6-12 months out.150_010_20180923Nonupdated.xlsxPage 220180823AmendedPacketPage 63 of 6520180821/jrl
ACTION ITEM LISTDATEACTION ITEM LIST FROM MAYOR AND COUNCILRESPONSIBILITYNOTESPROPOSED COMPLETION6/4Water Hydrant at Spanish HammockCMPermitted and Pricing done. Waiting on County to see if they will pay half. Moving forward with project6/4Paving of Old Highway 80CM/SPWSurvey done Two Spots where pavement would be at edge of the Marshline with a drop off. Engineers are working solution. Cost estimate $150,000. 6/4Recommendations and pricing for possible automatic arms that could be installed at vehicular access points.CM6/4CM to do study on raising parking rate to $2.50 per hour and how it will impact the budgetCM6/4Wayfinding signage - find consistencyCM/Chantel 6/4Distracted driving enforcement plan with County SheriffCM6/4Bike path signage and sharrow markingsCM6/4Emergency generator assessmentCM/DPW6/4South-end radio communications improvementCM6/4Number of bech citations for March and April by weekendCM/TIPD6/4Vegetation and sightline clearing on Meddin/TaylorCM6/4Stantions for closed vehicular dune crossingsCM6/27Recycling Program as a result of trip to South CarolinaMonty Parks At September city council meeting6/27Revision to Noise OrdinanceBubba Hughes To be on agenda August 9 for first reading.6/27Ordinance - Disorderly HouseholdBubba Hughes Work in progress6/27Fireworks OrdinanceBubba Hughes Work in progress6/27Update on Bee issueCM150_010_20180923Nonupdated.xlsxPage 320180823AmendedPacketPage 64 of 6520180821/jrl
ACTION ITEM LISTDATEACTION ITEM LIST FROM MAYOR AND COUNCILRESPONSIBILITYNOTESPROPOSED COMPLETION8/9Recover Solid Waste Expense per Finance CommitteeCM2/22Health care for mayor and councilCompleted3/8Atlantic Waste regarding increase - to be on the 3/22/2018 agendaCompleted4/19Trash Cans on Tybrisa. Jason would like continuity with the receptacles; contain the spillage when emptying the receptacles10n Trash Cans have been ordered.4/26Budget ItemsAdd $3000 to Youth CouncilIncluded in proposed budgetAdd $30,000 to IT for 1/2 year salary for Michael's ReplacementIncluded in proposed budgetAdd Money for Trash Can Replacement10 trash cans ordered. Additional will come from FYE 2019 budgetDedicated parking spots for North Beach Grill - Kathryn Williams CMResolved at City Council Meeting on July 12.COMPLETED ITEMS150_010_20180923Nonupdated.xlsxPage 420180823AmendedPacketPage 65 of 6520180821/jrl