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HomeMy Public PortalAbout20181011CityCouncilPacket.pdfTable of Contents 000_000_20181011Agenda....................................................................................................................................................................................... 1040_010_fowler-10042018104357....................................................................................................................................................................................... 3040_020_hosti-10042018104247....................................................................................................................................................................................... 5040_030_sessions-10042018104516....................................................................................................................................................................................... 7060_010_20180927Minutes....................................................................................................................................................................................... 9090_010_city council (3)....................................................................................................................................................................................... 13 VISION....................................................................................................................................................................................... 13110_010_A -9 NAYLOR-VARIANCE....................................................................................................................................................................................... 26110_020_B - 2- 8TH PL-SPECIAL REVIEW-FRIEDMAN....................................................................................................................................................................................... 45110_030_C - 1307- 5TH AV-VARIANCE....................................................................................................................................................................................... 74110_040_20180820_PC_MINUTES....................................................................................................................................................................................... 95110_050_20180917_PC_MINUTES....................................................................................................................................................................................... 98130_010_Agenda Item October 11, 2018 FY2019 Amend Capital Grant Fund 340....................................................................................................................................................................................... 100130_020_Agenda Item October 11 2018 - FY19 General Fund $167,501 Budget Amendment....................................................................................................................................................................................... 101 Agenda Item October 11, 2018 FY2019 $167,501 General Fund Budget Amendment....................................................................................................................................................................................... 101 FY20189 General Fund Budget Amendment Attachment A October 11 2018....................................................................................................................................................................................... 103 10-4-18 RG FINANCIAL STATEMENT ....................................................................................................................................................................................... 103130_030_Agenda Item October 11 2018 - FY19 SPLOST 2014 Fund 322 Budget Amendment....................................................................................................................................................................................... 108 Agenda Item October 11, 2018 FY2019 SPLOST 2014 Budget Amendment....................................................................................................................................................................................... 108 FY2019 SPLOST 2014 Oct 11 2018 Budget Amendment....................................................................................................................................................................................... 109 FY2019 SPLOST 2014....................................................................................................................................................................................... 109130_040_Agenda Item October 11 2018 - FY19 SPLOST 2003 Capital Project Fund 321 Budget Amendment....................................................................................................................................................................................... 110 Agenda Item October 11, 2018 FY2019 SPLOST 2003 Budget Amendment....................................................................................................................................................................................... 110 Oct 11 2018 FY19 SPLOST 2003 Budget Amendment....................................................................................................................................................................................... 112 FY2019 SPLOST 2003....................................................................................................................................................................................... 111130_050_S13 Fiscal Funding Addednum 10-21-2016....................................................................................................................................................................................... 112130_060_2018 Agenda Request-Acceptance of RFP Bid for South End Showers and Shallow Wells....................................................................................................................................................................................... 114130_061_2018-714 Public Showers....................................................................................................................................................................................... 115130_062_EOM Operations....................................................................................................................................................................................... 129130_070_Sewer Inspection Cameras....................................................................................................................................................................................... 142130_071_2018-715 Sewer Camera....................................................................................................................................................................................... 143130_072_2018-715 Bid Sheet....................................................................................................................................................................................... 155 140_010_17-2018 Sec 66-11 dockless scooters, etc........................................................................................................................................................................................ 156140_020_Resolution for October 11 2018 FY2019 Budget Amendments....................................................................................................................................................................................... 159160_010_20180822DAMSBODminutesF....................................................................................................................................................................................... 162 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. AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL October 11, 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 Invocation 3 Pledge of Allegiance IV. Appointment of Successor for Vacant City Council Seat 1 Greg Fowler 2 Michael Hosti 3 Shirley Sessions V. Recognitions and Proclamations 1 Jackson Butler, former City Council Member VI. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council 1 City Council Minutes, September 27, 2018 VII. Consideration of Boards, Commissions and Committee Appointments VIII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. IX. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes. 1 Anna Butler, Cruises to Nowhere, LLC, 3 Old Highway 80 X. Consideration of Approval of Consent Agenda XI. Public Hearings 1 Zoning Variance, Consideration of Setback Encroachments for New Single-family Dwelling. 9 Naylor Avenue. PIN 4-0002-03-012. Carmela Aliffi and Jane Fishman 2 Special Review, Consideration of Building into the “Toe of the Dune” Line; 2 8th Place. PIN 4- 0006-02-001. Stephen and Annette Friedman 3 Zoning Variance, Consideration of Building in Front Setback, 1307 5th Avenue. PIN 4-0011-05- 015. Ronald and Carlette Calloway 4 Planning Commission Minutes, August 20, 2018 5 Planning Commission Minutes, August 22, 2018 XII. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License XIII. Consideration of Bids, Contracts, Agreements and Expenditures 20181011CityCouncilPacket Page 1 of 164 20181005/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. 1 Request City Council amend fiscal year 2019 budget for the Grant Capital Project Fund 340 by transferring $90,000 from the contingency line item to the contract labor to cover the cost for a contract labor agreement approved by the City Council on September 27, 2018 2 Request City Council approve a budget amendment to increase the General Fund fiscal year 2019 budget by an increase of $167,501 increasing the budget from $12,698,899 to $12,866,400 3 Request the City Council approve a budget amendment to increase the SPLOST 2014 Capital Project Fund 322’s fiscal year 2019 budget by $50,075.29 changing the budget from $1,290,500 to $1,340,575.29 4 Request the City Council approve a budget amendment to decrease the SPLOST 2003 Capital Project Fund 321’s fiscal year 2019 budget by $14,175.37 decreasing the budget from $435,274 to $421,098.63 5 Leaf Capital Funding, LLC, copier, Planning and Zoning 6 Acceptance of RFP for South-end Showers and Shallow Wells 7 Acceptance of RFP for Sewer Inspection Cameras. USA Blue Book is recommended vendor XIV. Consideration of Ordinances, Resolutions 1 First and Second Reading, 17-2018, Sec 66-11, Dockless Scooters 2 Resolution, Budget Amendments (as outlined in Section XIII above) XV. Council, Officials and City Attorney Considerations and Comments 1 Bubba Hughes, Marsh Hen Trail Agreement XVI. Minutes of Boards and Committees 1 Minutes, Downtown Authority/Main Street Board of Directors, August 22, 2018 XVII. Executive Session 1 Discuss litigation, personnel and real estate XVIII. Possible vote on litigation, personnel and real estate discussed in executive session XIX. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” 20181011CityCouncilPacket Page 2 of 164 20181005/jrl 20181011CityCouncilPacket Page 3 of 164 20181005/jrl 20181011CityCouncilPacket Page 4 of 164 20181005/jrl 20181011CityCouncilPacket Page 5 of 164 20181005/jrl 20181011CityCouncilPacket Page 6 of 164 20181005/jrl 20181011CityCouncilPacket Page 7 of 164 20181005/jrl 20181011CityCouncilPacket Page 8 of 164 20181005/jrl City Council Minutes, September 26, 2018 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on September 26, 2018. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, and Barry Brown. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda:  City Council Meeting, August 23, 2018  City Council Workshop, August 30, 2018  Consideration of Special Event Request – Worrell 1000 Reunion Race, May 10 – 12, 2019, beach area that is on the north side of the Pier & Pavilion  Request City Council adopt a $5,000,000 budget for the Grant Capital Project Fund 340 for fiscal year 2019  NPDES Phase I MS4 Permit compliance contract with Ecological Planning Group, Budget line Item: 100-4210-54-1410, $10,000  City Council approve a budget amendment for $990,838 within the fiscal year 2018 General Fund budget  City Council declare the assets included with this agenda item that are held by the Police Department as surplus items for disposal  Out-of-State Travel, Barb Caramico, National Association of RV Parks and Campgrounds Conference, Oklahoma City, OK. Budget Line Item: 555-6180-52-3500  Out-of-State Travel, Lt. Emory Randolph, Stuart, FL, FBI LEEDA Public Information Officer Training, Budget Line Item: 100-3210-52-3500  Out-of-State Travel, Chief Robert Bryson, Orlando, FL, International Association of Police Chiefs Conference, Budget Line Item: 100-3210-52-3500  Out-of-State Travel, Shawn Gillen Robert Bryson, William Moseley, Joel Fobes, Myrtle Beach, SC, Myrtle Beach Summit 2018, November 5 – 6, 2018. Budget Line Item 100- 1320-52-3500 (City Manager) and 100-3210-52-3500 (Police Department)  Memorandum of Agreement (MOA) between the City and the Development Authority/Main Street Program for the transfer of donated and budgeted funds as agreed upon for the Development Authority finance purposes through the Program for the City  Festival Zone, Pirates Fest 2018. DISCUSSION: Approved with all the Prohibited Items checked on page 71 of the packet.  Recombination of Tybee Island Marine Science Center plat with small portion of unopened Wrenwood Right-of-Way  Confirmation of TIFD Chief, Charles Jason Patterson Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Posting of the Colors and Pledge to the Flag: American Legion Post 154  Invocation: Jan LeViner, Clerk Mayor Buelterman read the press release regarding the City Council Vacancy. He also explained the qualifying process where a completed Notice of Willingness to Serve and a resume can only be submitted within the qualifying period to the City Clerk’s Office. Qualifying will begin 20181011CityCouncilPacket Page 9 of 164 20181005/jrl Monday, October 1st at 8:30AM and close Thursday, October 4th, 2018 at 4:30PM. Applications submitted outside that period will not be accepted. Consideration of applicants will take place by vote of Mayor and Council at the October 11, 2018 City Council meeting. The public is invited to speak about the appointment during the public comment period. Lisa Lepofsky, representing the Concerned Citizens of Tybee Island, per the Mediation that was held during the summer, approached Mayor and Council to give an update on the recent meetings with residents regarding possible solutions to Tybee’s problems with Orange Crush and other crowded events. Ultimately, they wanted to find commonality between all busy events and to suggest actions that could be taken. Ms. Lepofsky stated they identified three areas: (1) parking; (2) crowd control; and (3) behavior and discussed possible actions the City could take to alleviate these problems. She continued, on August 30, 2018, the Concerned Citizens met with Councilwoman Doyle, Council Liaison, and learned Mayor and Council had taken steps to mitigate the problems in an equitable manner based on traffic and crime statics. Discussions were then held during the Public Safety Meeting regarding these concerns. Ms. Lepofsky then asked anyone that is interested in attending their meeting, in a positive manner, to please contact her. Mayor Buelterman and Ms. Doyle thanked Ms. Lepofsky for her presentation. Mack Kitchens approached Mayor and Council to speak on the agenda item, Agreement for Alan Robertson. Mr. Kitchens asked for clarification regarding the Agreement. Mayor Buelterman stated in 2016, the goals of the Mayor and Council included the protection of the dunes. After the recent hurricanes, he approached our state and congressional legislators to obtain funds for this project. Funds were made available through these meetings and with these dollars; the dune project is able to move forward. The Corps of Engineers also has funding for the filling of the dune template, which may be used. Ms. Doyle stated Mr. Robertson would be a liaison with Department of Natural Resources and the City for the permitting purposes. Dr. Gillen recommended putting a cap on the hours to be worked and outlined the duties of Mr. Robertson, as he will be the project manager for the dune restoration project. Ms. Livingston stated she feels the Agreement should have been put out in an RFP. After a lengthy discussion, Mayor Buelterman thanked Mr. Kitchens for his concerns. Julie Livingston made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 5-0. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Frances Wiley, 0 Sprucewood Avenue, Purchase the unopened lane, 100’ x 20’. Mr. Shaw stated Ms. Wiley submitted a request to the Clerk and she in turn contacted the Department Heads for their recommendations. It is the recommendation that the City not proceed with the request due to infrastructure needs of the City. Ms. Doyle expressed her concerns with the request to include the neighbor placing his unwanted materials on the right-of-way. Mr. Shaw responded, Code Enforcement is working with Mr. Anderson to have the trash removed. Wando Doyle made a motion to not allow Ms. Wiley to purchase the unopened lane on 0 Sprucewood Avenue. John Branigin seconded. Vote was unanimous, 5-0 to deny. Consideration of Bids, Contracts, Agreements and Expenditures Agreement, Alan Robertson. Wanda Doyle stated it is her recommendation there is a cap of 50 hours per month and if there is a need for additional hours, Dr. Gillen can bring the request back to Mayor and Council for approval. She would like Mr. Robertson to present a detailed report at the second City Council meeting of each month. Dr. Gillen confirmed. Mr. Parks recommended 20181011CityCouncilPacket Page 10 of 164 20181005/jrl reinforcement that this Agreement is for the dune project only. Mr. Branigin expressed his concerns with the handling of this agenda item. He continued, the importance of this project will directly affect insurance rates, safety of the Island, flood protection of our residents and he is in favor of this Agreement. He would also recommend a change in the language of the Agreement as it pertains to the monthly reporting. Mr. Branigin suggested it read: “the status of the project as referenced in Exhibit A, that is limited to beach re-nourishment and dune restoration” and strike “other assigned projects”. He also recommended Mr. Robertson come to the City Council meeting and do a full report of the project. Wanda Doyle made a motion to approve with a cap of 50 hours per month; the requirement that Mr. Robertson give a full report at the second City Council meeting each month; and the strike the language “other assigned projects”. Monty Parks seconded. Voting in favor were Wanda Doyle, Monty Parks and John Branigin. Those voting against were Julie Livingston and Barry Brown. Motion to approve 3-2. Council, Officials and City Attorney Considerations and Comments Jason Buelterman confirmed with Dr. Gillen, there are only five (5) Back Flow Preventers that will be installed. Dr. Gillen confirmed and four of those five are being built and will be installed by the end of October 2018. The remaining one needs work on the outflow and then will be fabricated. Mayor pro tem Brown stated there are twenty-four altogether of which nineteen at a cost of $2,000 to $3,000 per unit. Mayor Buelterman discussed amending the Capital Budget to cover the cost of the units out of SPLOST dollars that has not been allocated and move forward. Mayor pro tem Brown confirmed but reminded Mayor Buelterman the permitting still needs to be completed. Dr. Gillen stated the permitting process has begun for seven of the twelve and if monies are added, the City can move forward. It was the consensus of Mayor and Council to move forward. There was a short discussion regarding required equipment and the pay scale for the City’s Police Department. George Shaw gave a brief Update on Hazard Mitigation Grant. Mr. Shaw stated the second application has been approved by GEMA and sent to FEMA. Both of our applications, approximately 60, have been sent to FEMA. He is very optimistic regarding approval of all 60 residencies. Mr. Shaw explained due to federal procurement regulations the City is not moving forward regarding contacting contractors. Wanda Doyle approached Mayor and Council to give a Public Safety Committee Update. Ms. Doyle’s update included bike path signage; finalizing a noise ordinance; finalizing a nuisance/disorderly house ordinance; Concerned Citizens Group ( [a] high volume protocols pertaining to traffic control plan; and [b] three dates to implement plan, St Patrick’s Day, Orange Crush and July 4th); and leasing police cars from Enterprise. Mayor Buelterman thanked Ms. Doyle for the update. Wanda Doyle approached Mayor and Council to give an Roundabout Upgrade. Ms. Doyle stated she completed research on the roundabout from 2006, 2007, and 2008 and found the contract. She asked Dr. Gillen to contact Coastal Grading and Rental, Inc. regarding the repainting of the Roundabout. Dr. Gillen confirmed. Monty Parks stated there is an Unopened Right-of-Way between 7th and 9th on Miller and he feels it would make an excellent piece of bike trail. People could then go from Highway 80 to 10th without using Jones Ave. He would also like a survey between 10th and 12th as the City might have right-of-way all the way through the property. Ms. Doyle confirmed and suggested Mr. Parks look at other properties. 20181011CityCouncilPacket Page 11 of 164 20181005/jrl Monty Parks stated he has been to three different locations regarding Recycling. He met with a group which can do a complete analysis of the City’s waste stream. He would like to move forward and focus on recyclables as it pertains to the beach. Monty Parks recommended the City Engineer, Erik Olsen, perform an analysis of what is happening at North Beach as it pertains to safety. Mayor Buelterman recommended the Tybee Island Lifeguards connect to the Pilot’s Association as to the ship schedules. In that way, they can alert beachgoers when the large container ships are approaching Tybee Island. Dr. Gillen stated he will work with the Tybee Island Fire Department to ensure they are aware of the shipping schedule. Mayor Buelterman stated he does not like the scooters and should not be allowed. Mr. Hughes stated proposed Ordinance 17-2018, Sec 66-11, Share Mobility Devices/Dockless Scooters/Vehicles is on the agenda for discussion as in this way it is introduced to Mayor and Council. First and second reading can be done at the next meeting, October 11, 2018 as it has been introduced. Mayor and Council confirmed. Julie Livingston made a motion to adjourn to executive session to discuss litigation and real estate. Monty Parks seconded. Vote was unanimous, 5-0. Julie Livingston 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. __________________________ __________________________ Jason Buelterman, Mayor Janet LeViner, CMC City of Tybee Island City Clerk 20181011CityCouncilPacket Page 12 of 164 20181005/jrl TYBEE ISLAND RESIDENTS’ CONCERNS REGARDING CRUISES TO NOWHERE LLC / JACKS OR BETTER CASINO SHIP September 2018 Issues surrounding locally-moored casino ships remain fresh in the memories of Tybee Island’s residents. The Diamond Royale/Sun Cruz VII casino ship owners (Diamond Cruise Casino, LLC and Marine Charters, LLC), general manager and captains were indicted for operating an illegal gambling business on board. In 2014, Tradewinds Casinos’ the Escapade docked at Bull River ran aground on a sandbar on its maiden voyage, stranding passengers for 16 hours, and left town only 14 months later. Now Cruises to Nowhere LLC has moored its 135-foot Jacks or Better casino ship along Lazaretto Creek at the base of the only bridge NS means of access by car on and off our island. The scale of the Jacks or Better Casino Ship is very much out of proportion in relation to the existing ships, docks and existing businesses at the Lazaretto Dock and Marina area, leading to several strong concerns and options by local residents and taxpayers of Tybee Island. These concerns can be categorized into 4 major areas: 1. Increased traffic and congestion as well as the increase of traffic jams and accidents blocking traffic at the intersection of the Old Highway 80 with U.S. Highway 80. This will increase traffic at an already dangerous location. 2. Harm to the existing character, culture, and businesses of the Lazaretto Creek maritime district. 3. Potential environmental damage to the marsh ecosystem adjacent to Lazaretto Creek 4. Safety of the other smaller boats, kayak and jet ski tours with the much larger scale of this ship using Lazaretto Creek as well as a potential closure of the Lazaretto Creek bridge if hit by the ship Jacks or Better. From the Current Tybee Island Master Plan: VISION As of the 2016 Comprehensive Plan Working Group, the vision of Tybee Island's Master Plan is: "As concerned citizens of The City of Tybee Island, we will be conscientious stewards of our unique historic and cultural heritage, environmental resources, and diverse economic community. We will also ensure that our growth does not exceed the Island's carrying capacity. 20181011CityCouncilPacket Page 13 of 164 20181005/jrl We will foster a vibrant, year-round economy and support our business community in its goal to provide quality services and facilities for both residents and visitors. We will provide increased recreational and educational opportunities for all age groups to promote Tybee Island as a family-friendly, four-season vacation destination, while enhancing the distinctive atmosphere of our Island life." • DEVELOPMENT PATTERNS • Encourage development and re-development to be compatible with the existing, land uses and development patterns in adjacent areas • COMMUNITY PRESERVATION • Maintain and preserve our traditional community character and sense of place • COMMUNITY • Promote and encourage transportation safety, parking, and traffic solutions for Tybee including US 80 and its bridge infrastructure Concern 1: Public Safety:  Recommend that a traffic study be conducted and a traffic management plan be submitted with the request for a business license. 1. Traffic Congestion: Shannon Hollar, ship Captain and company representative for Cruises to Nowhere, LLC, and Pat Matthews submitted a request to the Planning Commission for 80 parking spaces in their original site plan, stating that up to 150 passengers and 20 employees would be the maximum number of people on the ship. Those additional cars alone, when leaving Old Highway 80, crossing Highway 80 against traffic, is concern enough. However, owner Mark Slotkin and previous general managers of the ship are quoted in multiple media outlets stating the ship’s capacity is as many as 500, plus crew of 90-100. What is the actual capacity? (note: this will be determined by the Coast Guard Inspection and should be completed before submitting the site plan approval). Also, Pat Matthews mentioned they expected customers to arrive by tour bus and the ship has a history of bringing passengers by tour bus companies (in the previous port, general manager Paul Denton told media that they’d work with tour bus companies to bring passengers in.) Tour bus parking was not addressed in the previous site plan application. 2. Impaired Drivers: As part of the ticket price, in previous ports including Galveston the company offered passengers two free drinks. The cruise is 5-6 hours, so likely many passengers will drink more. This compounds the concerns regarding traffic volume. 20181011CityCouncilPacket Page 14 of 164 20181005/jrl 3. Lazaretto Creek Recreational Boater’s Safety. There are a lot of kayak and jet ski tours as well as numerous small recreational boats. The Casino ship could present a danger to these kayakers, jet skis and other boats with the width of the creek already limited by the existing docks and larger docked ships. The Casino ship will need to travel upstream to the first bend in the creek in order to be able to turn around, this bend is adjacent to the Lazaretto Boat Ramp. From Tybee Land Development Code: Sec. 5-155. - Design standards for maritime district: The development plan for the maritime district shall comply with the following standards: (A) Access shall be located, designed and improved for safety, convenience, efficient circulation on the property, and a minimum of interference with normal traffic flow.  Question: Will a traffic plan be required, how will the increased traffic be addressed in the site plan approval process? Concern 2: The size and scale of the Casino Ship obviously does not conform the existing Tybee Land Development code. From the Tybee Land Development Code Sec. 4-050. - Zoning districts: (L) Maritime district. The purpose of this district shall be to protect the character of the commercial development along Lazaretto Creek within the city limits. The Jacks or Better Casino Ship is 135 long by 36 ft wide and sits 32 feet high above the water line. The majority of second largest set of boats docked at the marina are the shrimp trawlers and tour boats which appear to vary from 20 to 30 feet in length. Other private boats and tour boats are also much smaller than the Casino Ship. One shrimp trawler, the Agnes Marie, appear to be about 45 ft long. This Casino Ship is approximately 3 – 4 times larger in length and many times larger in height than the existing boats docked at the marina. Additional Concern: Pat Matthews stated at the August 20 Planning Commission meeting that the casino ship was going to help businesses on Tybee Island by bringing additional patrons for restaurants, bars and hotels. We disagree, as the cruise is 5-6 hours long and provides food and drinks, and when it returns from evening sailings, those businesses are closed. In addition, it negatively affects the character of the maritime district that is the City’s duty to protect (Land Development Code Sec 4-050, see below). Shrimp boats, dolphin boats, bait shops, seafood restaurants, kayak and surf board rental shops and ship storage all support the character of the waterfront, which is the first thing people see as they cross the bridge. The oversized casino ship does not. 20181011CityCouncilPacket Page 15 of 164 20181005/jrl Site Plan Approval Since the Coast Guard inspection will determine the operating capacity of the ship, this inspection should be completed before applying for a site plan approval, as the final number of passengers will be needed to determine the official number of parking spaces needed and other things based on capacity, such as bathroom availability and whether current septic systems are adequate. We’re concerned that the capacity of the ship is indeed much greater than stated, that planned parking is insufficient, and if not accounted for correctly, parking spaces for existing businesses will be taken by passengers for the casino ship. The Ship should also be required to submit a schedule of operations with the site plan approval as to what times they will allow the public to board and what times they will leave and return for each day. Tide charts are readily available so this should not present a problem if the timing of their cruises are dependent on the tide level. Attached is a picture of the ship returning after Hurricane Florence on Sept 18, 2018 at approximately 7:30 PM. Low tide that evening was around 9:30 PM and was predicted at +1.7 ft MLLW. 20181011CityCouncilPacket Page 16 of 164 20181005/jrl 20181011CityCouncilPacket Page 17 of 164 20181005/jrl Additional Permits and Licenses may be Required. A number of documents and studies were cited as required to accompany the site plan first submitted on August 20, 2018 by Cruises to Nowhere, LLC, at the Planning Commission meeting. Should the following additional permits, licenses and other documentation also be required for new site plan/business license approval? Will the management be required to provide details of the day to day operations? How will this be monitored by the City of Tybee? 1. Liquor License (in Galveston, the ship served alcohol to passengers as they waited to set sail) 2. Department of Health inspection for food service/license for serving (the company requests passengers arrive an hour ahead of sailing time; presumably food is offered on board while docked as they wait). All other licenses, insurance and permits required should be in place before submitting the site plan for approval. From the Land Development Code, site plan approval process: Until the applicant addresses all of the engineer's comments and the site plan is satisfactory, the mayor and council will not consider the plan. In addition to all other requirements, any applicant for a site plan must identify all prior site plan applications made by the applicant, any affiliates/relatives, corporate or business entities in which the applicant has had an interest for the property which is the subject matter of the current application. The applicant must identify any parking meters proposed to be eliminated from city rights-of way by the proposed site plan implementation. The applicant must demonstrate compliance with all other applicable ordinances including but not limited to stormwater, flood damage prevention, and buffering. In considering a site plan, the mayor and council may consider whether the proposed development will be unreasonably detrimental to adjacent or nearby uses and whether the proposed development will adversely impact existing conditions in the overall neighborhood, including but not limited to: (1) The impact or lack thereof on available resources and utilities. (2) Whether the proposed development is of a scale and mass so as to be compatible with the character of the neighborhood. (3) Whether the proposed development is consistent with the character area under the master plan. (4) Density considerations for the neighborhood including demands on infrastructure, traffic, and other relevant factors. In considering a site plan, the mayor and council may approve or deny the application as submitted, or add or delete conditions appropriate to protecting the interest of the applicant as well as those of nearby properties. Repair of Dock: There are some concerns about the condition and structural integrity of the existing docks, which are said to have been constructed in WWII timeframe by Fort Screven. It is unknown how often these docks have been maintained and what condition they are in structurally. Will they be required to be inspected by a structural engineer? 20181011CityCouncilPacket Page 18 of 164 20181005/jrl From Land Development Code Sec. 4-05(L); Construction of docks, walkways, etc.; liability insurance. This subsection is intended to supplement and expressly not repeal existing provisions of Tybee's Code of Ordinances relating to permits required for construction, relating to building permits, regarding wetlands protection, regarding beach dune or vegetation disturbance. All those individuals engaged in the construction or repairs of docks, walkways, marinas or marine facilities, or any other structure on or over coastal marshlands as defined in O.C.G.A. § 12-5-282(3) shall, prior to the commencement of any such construction, preparation or work provide to the City of Tybee Island evidence of liability insurance and/or bonds and/or letters of credit specifically covering environmental and other damages. Such applicant shall also provide for coverage and/or bonds and/or letters of credit in the nature of a performance bond requiring the completion of the work if it is not performed in accordance with the anticipated completion schedule filed with the city and shall further include the cost of removal of any equipment, debris or materials of any nature not removed by the dockbuilder. When a bond or letter of credit is used for the purposes described herein such bond or letter of credit shall be issued to the benefit of either the City of Tybee Island or the owner of the property depending upon the circumstances and the building official of the city shall be authorized to determine to whom the bond or letter of credit should be payable. The amount of insurance, bond, or letter of credit shall be based on the nature, scope and cost of the anticipated work and shall take into consideration the potential consequences of spills, removal of equipment, debris or materials and other risk and shall be in such amount as is set by the building official of the city or his designee. Including but not limited to fuel spills, fires, submersions of equipment and building supplies, etc., all dock builders shall be required to report any accidents, casualties or events which occur in connection with activities provided for in this subsection and which are likely to cause damage or which may cause damage to property, persons, the environment or coastal marshlands and in no event shall the responsible party wait more than two hours after the occurrence of such event, casualty or occurrence. Any violation of this subsection shall subject the offender to punishment under section 5-160 Concern: A stop work notice was observed after dock repairs had begun without a city of Tybee work permit. Now the stop work order is gone, but the dock still needs repairs and there is not a work permit from the City. Will the dock be repaired to meet whatever safety criteria is needed to operate a ship of this size with passengers. Has a structural engineer certified the dock is safe? What kind of permits are required from GADNR to repair the dock? 20181011CityCouncilPacket Page 19 of 164 20181005/jrl Concern 3: Potential environmental damage to the marsh ecosystem adjacent to Lazaretto Creek. Environmental Impacts: Does GADNR require an environmental impact study for the Lazaretto Creek Area as a result of this change in operations to the existing businesses? The previous jurisdictional determination was conducted in 2013, but it is believed that this needs to be updated whenever a significant change in business operations occurs. As far as we know, no DNR study exists as to the impact of the ship on the creek, marshes, wildlife and dock (see how Mississippi handles all reviews of casino ships, at the end of this document.) In addition, we have these questions: 1. How and where will fuel be stored? This does not appear on site plan proposed on Aug 20. 2. What is the sewage disposal plan? 3. What will the impact be of chemical runoff from cars in the parking lot and the ship itself? 4. How will the additional trash be handled, both collection and disposal? 5. How will prop wash from turning ship—wake from turning it around—impact marsh grasses and wildlife? 6. Is there an existing permit for the existing septic system and does it need to be upgraded with the potential increase in use by patrons of the casino ship. 7. Is there an existing permit for the cisterns that are located on this site? Concern 4: Safety of the other boats, kayak and jet ski tours with the large scale of this ship using Lazaretto Creek as well as a potential closure of the Lazaretto Creek bridge if hit by the ship. The Lazaretto Creek Bridge is our only way on and off the island. The bridge, built in 1960, was officially given an overall safety/structural integrity rating of 41.4/100 in 2016, which equates to a description of “structurally deficient” and is scheduled for future replacement. The Jacks or Better ship is moored near the base of the bridge and must pass underneath the bridge each time it enters and leaves the creek. The concern is that if this ship strikes the bridge the impact could significantly impair the bridge, stranding residents for an unknown period, potentially during a dangerous storm. Shrimp trawler captains also docked by the bridge say they need to carefully align themselves at middle of the bridge to get under it under normal conditions to safely clear. Per a local captain: “I’ve seen good captains on smaller boats get caught in the current and a strong south wind and just barely miss taking out the bridge. The creek may be 100’ wide at best and the tide ebbs at times about 3-4 knots.” Questions: Will the larger shrimp trawlers be able to navigate around the ship when both are motoring in the creek channel? 20181011CityCouncilPacket Page 20 of 164 20181005/jrl Does the Coast Guard or other agency restrict the size and weight of vessels that can pass under the bridge in any way? Concern about Hurricanes and strong winds: 1.What is the upper wind speed limit that the ship will be able to maintain a safe harbor at this dock? 2.What wind speeds will present a danger and how long before a predicted storm or hurricane will the boat be required to leave for a safe mooring? 3. Are the existing pilings and docks structurally strong enough to hold this large of a ship? 4. Will the ship be required to file a hurricane plan with the city? ADDITIONAL CONCERNS, ISSUES AND LINKS TO SHIP HISTORY Many of our residents have substantiated concerns about Beverly Hills, CA owner, Mark Slotkin, and the ship itself, as follows, based on research with US Coast Guard records, quotes from the owner and previous general managers of the ship in documented in various media and the ship’s history in its four previous ports over the past eight years. Cruises to Nowhere, LLC Owner Mark “Sluggo” Slotkin. This will be the fifth port he’s docked this ship in only eight years (see annotated timeline) and he has a history of combative legal entanglements. These include a lawsuit brought by the NFL in 2010 when the ship was moored in Mayport (Jacksonville) that he lost after three cease and desist letters were ignored; a 2013 lawsuit when the ship was moored at Little River, SC; and his 2017 indictment for illegal ivory trading for another 20181011CityCouncilPacket Page 21 of 164 20181005/jrl of his companies, Antiquarian Traders. His businesses apparently have a history of bankruptcy (Olympic Holdings, LLC, Wooton Group, LLC, and Golden Oak Partners, LLC). “Despite even Jacks Or Better’s own attorneys telling Slotkin that he’s walking the plank on this one, Slotkin isn’t backing down. ‘I guess I just don’t like to be pushed around … If I’m going to be proven wrong, they will have to prove me wrong in court.’” https://calvinayre.com/2010/12/31/business/jacksonville-casino-ship-tackles-nfl/ Ship History Since 2010 Purchase by Mark Slotkin, Jacks or Better, LLC plus links to news articles from the previous port. 1. November 2010-December 2012: Jacksonville, FL; moored at Mayport Florida Paul Denton, general manager 4378 Ocean St, Jacksonville, FL 32233 Stated capacity, 500, with crew of 100 December 2010, lawsuit for illegal use of NFL imagery: https://www.courthousenews.com/nfl-david-garrard-sue-casino-ship/ http://www.jacksonville.com/article/20110301/SPORTS/801256232 Ship lost propulsion out at sea when based in Mayport: http://www.jacksonville.com/article/20110613/NEWS/801249879 Owner Mark Slotkin said at the time the ship did not have enough passengers to continue in Mayport, so he moved it to Little River, South Carolina, under a new management team. https://ggbnews.com/article/texas-casino-ship-postpones-opening/ 2. Little River, SC 2013 (near Myrtle Beach) South Carolina-based gambling vessel company Jacks or Better, LLC cited in a 2013 lawsuit for failure to pay fees: http://www.cruiselaws.com/CruiseLaws/Lawsuits/Cruises_To_Nowhere_v_MV_Jacks_O r_Better_Casino.pdf Ran aground in St. Johns River, 2011 An accident on board in January 2013 when a passenger fell down steps resulted in the person’s death from the injuries. Coast Guard was not notified until April 2013. 3. 2015: Aransas Pass, Texas; stayed 18 months Known as Aransas Queen Allen Masney, GM Tarpon Shores Marina Stated reason for leaving Aransas Pass was rough waters 20181011CityCouncilPacket Page 22 of 164 20181005/jrl 4. April 2017: Galveston, Texas; stayed 15 months 715 N Holiday Dr, Galveston, TX 77550 (industrial area of island) Mark Herrin, General Manager Reason for leaving Galveston: “The winds were too high,” per Shannon Hollar responding to a question after the initial August 20 Planning Commission meeting. The Winds will be just as high here on the Atlantic Ocean as in Gulf of Mexico. Trip Advisor reviews talking about the company's reputation for hightailing from ports without warning (reviews about the experience and ship's seaworthiness for chop are mixed): https://www.tripadvisor.com/Attraction_Review-g55879-d12315492-Reviews- Jacks_or_Better_Casino-Galveston_Galveston_Island_Texas.html The ship crashed within a month after first sailing in Galveston, with passengers on board: https://www.click2houston.com/news/newly-opened-jacks-or-better-casino-yacht- wrecks-saturday-evening More about the ship's crash in Galveston soon after its maiden voyage there: https://news.worldcasinodirectory.com/texas-gambling-boats-facebook-post-draws- unexpected-results-46111 "crash that, according to management caused a 6-foot starboard gash and other minimal structural damage." 5: August 2018: Tybee Island, GA Known as Jacks or Better Shannon Hollar, Operations Manager and Captain 3. Ship’s History of Safety Infractions per USCG Inspections The ship has a history of poor maintenance, minor and major infractions, everything from dry-rotted fire hoses, expired medicines in its first aid kit, flammable materials used on furniture and rugs, to blocked hatches, fire-fighting equipment, emergency lighting, and more. USCG lists each problem as resolved, but the list of citations over recent years is very long, and serious. Last USCG inspection was November 2017. Sample citation: 20181011CityCouncilPacket Page 23 of 164 20181005/jrl Other States and Cities have more rigorous regulations, which may be why they have targeted GA and Tybee Island, which has no gaming regulations.  This raises a concern that the potential gamblers/tourists will be expecting the gambling tables and various machines to be regulated and operated in a manner they are accustomed to at other Casinos, yet there will be no regulations outside the 2 mile limit on the accuracy and operations of the gambling machines. Mississippi Gaming Authority Rigor In Vetting Casino Ships Before Approving Licenses, Etc. Excerpt from a Mississippi State U. study (Coastal Zone Impacts of the Dockside Casino Ship Industry); shows you how in other states such undertakings go through stringent investigation, public approval, agency approvals, etc. (http://extension.msstate.edu/publications/miscellaneous/coastal-zone-impacts-the- dockside-casino-industry); they are sending an example of one of the casino ship’s hurricane evacuation plans for our review of what’s asked of the owners/captains. "A specific procedure must be followed in applying for a (casino boat) gaming license in Mississippi. First, the applicant must provide the Mississippi Gaming Commission with a written notice of intent. The information in the notice identifies the exact site, the exact location of the boat at the site, and related infrastructure plans. Maps and pictures must also be included. Approval or disapproval is given to publishing the notice of intent in a local newspaper for 3 consecutive weeks. If approval is given to publication, then gaming application and fingerprint cards are provided. After the third week of publishing the notice of intent, the applicant submits a written request for a site assessment, and this request is submitted to the executive director. The applicant files the application, a $5,000 application fee, and two sets of fingerprint cards. 20181011CityCouncilPacket Page 24 of 164 20181005/jrl Upon receipt of the application, the executive director will notify the board of supervisors of the county of the proposed casino site along with the mayor of that municipality, if applicable. The Gaming Commission then conducts a hearing to determine whether to approve the proposed site and site development plan for the casino. The hearing will consist of presentations by the applicant, which include the specific location of the property, the current use of any adjacent property, and the location of the nearest residential area, church, or school. The complete site development plan should include all structures planned and the expected completion date. Evidence is submitted that various agencies (U.S. Army Corps of Engineers, Coast Guard, Mississippi Department of Transportation, Mississippi Department of Environmental Quality, Department of Marine Resources, Board of Supervisors, Port and Harbor Commission, Levee Board, Mayor's office, City and County Planning Commission, and Preservation Commission) do not oppose the site development plan. Following the presentation, the public is provided time to comment on the proposal. After the hearing on the proposed site, the executive director will offer a recommendation to the Commission, which will then approve or disapprove the recommendation. The Commission may request additional information. The applicant is then subjected to in-depth background and financial investigation. Corporate investigations are also undertaken. Construction usually begins shortly after site approval. Following this process, a development plan consisting of vessel specifications and design, shore development plans, infrastructure plans, and an operation/implementation timetable is submitted. Detailed descriptions of the games to be played are required. The executive director then makes a recommendation for issuance or denial of a license. If the license is approved by the Commission, the director monitors the implementation of the approved operation implementation timetable and the licensee provides a monthly status report to the Commission detailing the progress. Before final approval can be given, the Gaming Commission makes a final inspection of the vessel and reviews compliance with all federal, state, and local laws and regulations and ordinances before giving final approval. 20181011CityCouncilPacket Page 25 of 164 20181005/jrl MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Jackson Butler Wanda Doyle Julie Livingston Monty Parks                        CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen   CLERK OF COUNCIL Janet LeViner   CITY ATTORNEY Edward M. Hughes    City Council Agenda Item Request     Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors.  Council Meeting Date for Request: 10/11/2018 Item: Zoning Variance Explanation: consideration of setback encroachments for new single-family dwelling- 9 Naylor Avenue- 4-0002- 03-012 – Carmela Aliffi & Jane Fishman.      Paper Work: YES Attached   Audio/Video Presentation*     • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.     Submitted by: Lisa L. Schaaf   Phone / Email: Lschaaf@cityoftybee.org       Date given to Clerk of Council: 10/04/2018/04/2018     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org 20181011CityCouncilPacket Page 26 of 164 20181005/jrl 1 STAFF REPORT PLANNING COMMISSION MEETING: August 20, 2018 CITY COUNCIL MEETING: September 13, 2018 LOCATION: 9 Naylor (Corner of Naylor and Wilson PIN: 4-0002-03-012 APPLICANT: Jane Fishman & Carmela Aliffi OWNER: Same EXISTING USE: Vacant lot PROPOSED USE: Single-family dwelling ZONING: R-1B USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Ft. Screven Historic District APPLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations). PROPOSAL: The applicant is requesting setback variances for construction on a vacant, substandard R-1B lot of record in an effort to save existing large trees. ANALYSIS: The general character of the area surrounding this lot is residential. The size of this sub-standard lot is approximately 2600 square feet. The minimum lot size in the R-1B district is 6600 square feet. The requested variance does meet the “hardship” test outlined in Land Development Code Section 5-090 (A): (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. The required building setbacks for lots zoned R-1B are 20-feet front, and 10-feet rear and sides. The applicant is requesting approval of setback variances for construction of a single family residence that would have the following approximate setbacks: 11 feet on the front (Naylor) and five on the side (Wilson). No variances are being requested for the other two sides. Currently the property has been granted a variance for a 16-foot front yard, 6-foot western side yard. . The Comprehensive Plan describes the Ft. Screven Historic District in which it lies as follows: The Fort Screven Historic District includes Officers Row and all of Ft. Screven, which represents significant historic, cultural and natural resources. Varied uses include new, larger scale development, traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street trees, public parking. Zoning includes R-1, R-2, R-T, R-1/NEC, P-C, and PUD. Comprehensive Plan – Community Character Area The Ft. Screven Historic District 20181011CityCouncilPacket Page 27 of 164 20181005/jrl 2 Recommended Development Strategies Meets Strategy Y/N or N/A 1. Establish standards and guidelines for signage N/A 2. Provide signage for landmarks and historic businesses N/A 3. Preserve and restore historic structures whenever possible N/A 4. Provide appropriate incentives for historic restoration projects N/A 5. Ensure continued preservation of old growth trees, parks, and greenspace Y 6. Support an improved bicycle and pedestrian environment with connected facilities N/A 7. Consider adoption of architectural standards for historic structures N/A 8. STAFF FINDING Staff recognizes the required setbacks for a 6600 square foot lot in an R-1B district are challenging for development of this 2600 square foot lot of record. The proposed single-family dwelling is not considered detrimental to the character of the surrounding neighborhood. The preservation of the large trees is a goal of the comprehensive plan. This request is slightly greater than the one granted last year and will save an additional large tree. Staff recommends approval. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application B. Narrative C. Site Plan D. SAGIS map 20181011CityCouncilPacket Page 28 of 164 20181005/jrl 20181011CityCouncilPacket Page 29 of 164 20181005/jrl 20181011CityCouncilPacket Page 30 of 164 20181005/jrl 20181011CityCouncilPacket Page 31 of 164 20181005/jrl 20181011CityCouncilPacket Page 32 of 164 20181005/jrl 20181011CityCouncilPacket Page 33 of 164 20181005/jrl 20181011CityCouncilPacket Page 34 of 164 20181005/jrl 20181011CityCouncilPacket Page 35 of 164 20181005/jrl 20181011CityCouncilPacket Page 36 of 164 20181005/jrl 20181011CityCouncilPacket Page 37 of 164 20181005/jrl 20181011CityCouncilPacket Page 38 of 164 20181005/jrl 20181011CityCouncilPacket Page 39 of 164 20181005/jrl 20181011CityCouncilPacket Page 40 of 164 20181005/jrl 20181011CityCouncilPacket Page 41 of 164 20181005/jrl 20181011CityCouncilPacket Page 42 of 164 20181005/jrl 20181011CityCouncilPacket Page 43 of 164 20181005/jrl 20181011CityCouncilPacket Page 44 of 164 20181005/jrl MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Jackson Butler Wanda Doyle Julie Livingston Monty Parks                        CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen   CLERK OF COUNCIL Janet LeViner   CITY ATTORNEY Edward M. Hughes    City Council Agenda Item Request     Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors.   Council Meeting Date for Request: 10/11/2018 Item: SPECIAL REVIEW: CONSIDERATION OF BUILDING INTO THE “TOE OF THE DUNE” LINE – 2 8TH PLACE – 4-0006-02-001 – STEPHEN & ANNETTE FRIEDMAN.     Paper Work: YES Attached   Audio/Video Presentation*     • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.     Submitted by: Lisa L. Schaaf   Phone / Email: Lschaaf@cityoftybee.org       Date given to Clerk of Council: 10/04/2018     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 20181011CityCouncilPacket Page 45 of 164 20181005/jrl 20181011CityCouncilPacket Page 46 of 164 20181005/jrl 20181011CityCouncilPacket Page 47 of 164 20181005/jrl 20181011CityCouncilPacket Page 48 of 164 20181005/jrl 20181011CityCouncilPacket Page 49 of 164 20181005/jrl 20181011CityCouncilPacket Page 50 of 164 20181005/jrl 20181011CityCouncilPacket Page 51 of 164 20181005/jrl 20181011CityCouncilPacket Page 52 of 164 20181005/jrl 20181011CityCouncilPacket Page 53 of 164 20181005/jrl 20181011CityCouncilPacket Page 54 of 164 20181005/jrl ADDENDUM TO VARIANCE APPLICATION – PROJECT DESCRIPTION    Applicants’ propose a project at their property, which requires a variance from the City of Tybee’s  ordinance prohibiting construction activity closer than 10’ from the “toe of the dune” line. Following is a  description of the project and its objectives.    This project has multiple objectives, including the following:  1) Protect Applicants’ residence from potential structural damage – Currently, the toe of the  landward‐most dune at Applicants’ home, as identified by the DNR, is up against the eastern wall  of Applicants’ personal residence (See Exhibit A – reflects dashed line against eastern wall as toe  of dune line identified by DNR on August 31, 2018, dashed line west of house as JD line identified  by DNR on August 31, 2018, topo of Property and beach area up to high‐water mark, and total  distance of Property to high water mark.). In the event of a major hurricane, the storm surge  could push the immediately adjacent sand dune into and potentially through the eastern  structural wall of Applicants’ residence, resulting in catastrophic damage. Applicants’ seek to  prevent such a potential catastrophe by relocating the dune to the eastern portion of their lot.    2) Support the City of Tybee’s efforts to close the “gaps” between sand dunes – The City has  identified an increased potential for severe flooding at locations where there is a “gap” in the  north/south line of dunes running parallel to the ocean. Such a gap exists at Applicants’  residence. There is a clear line of dunes running between 8th and 9th Streets at or very near the  location of the now‐buried seawall. It is continuous, except at Applicants’ residence, where  failure to maintain the property in the late 1990s and early 2000s permitted the sand to shift  landward to the point that it ultimately came to rest against Applicants’ residence. Applicants  seek to regrade the property to “reconnect” the dunes so as to remove the current gap.    3) Prevent or reduce major flooding in the area immediately west of Applicants’ residence – The  home adjacent to Applicants’ is owned by the Lyons family. It has been in their family for at least  4 generations. Their home was built at the lowest lying point in the surrounding area and, as  homes were built around it over the past decades, more and more flood water has inundated  their property, and to a lesser extent Applicants’ property. Unfortunately, the elevation and  grade between Applicants’ and Lyons’ homes is such that there is no possibility of a storm water  outfall being constructed to move stormwater toward Butler Ave. Over the past several years,  the Lyons family has experienced major flooding to the entire ground level portion of their home  and major recurring insurance claims. Applicants have partially installed a system of catch basins,  pumps and piping to capture the rainfall, at a rate of up to 2” per hour, and pump it toward the  dunes on Applicants’ property, where is can percolate into the sand. Currently, the partially built  system stops west of the dune that is against Applicants’ residence. Without the requested  variance, the system cannot be completed.    4) Stabilize and Landscape the relocated dune and surrounding area – The vacant eastern portion of  Applicants’ property is largely unplanted, except for wild vines and weeds that have overtaken it.  If the dune is relocated to the eastern portion of Applicants’ property, Applicants’ propose to  stabilize it with sea oats and to plant/landscape the regraded area with plant/grass/shrub species  appropriate to Tybee. In addition, to prevent future shifting of the sands on Applicants’ property,  a short retaining wall around the boundary of the property is proposed. (See Exhibit B ‐ Grading  and Retention plan)   20181011CityCouncilPacket Page 55 of 164 20181005/jrl 5) Construct an attached screen porch and sun deck at Applicants’ residence – Applicants’ home  does not have a screen porch at its main living level. Applicants propose to construct a single‐ story screen porch, with a sun deck above, as shown on the attached architectural drawings. The  design has been carefully prepared to retain the existing mass, character and style of Applicants’  residence. (See Exhibit B)    6) Parking Space – 8th Place, a private drive, currently terminates at the developed portion of  Applicants’ property, though it is platted to extend farther to the east. Applicants request that  the variance include the right for Applicants, at their own expense, to grade a portion of the  unopened private drive adequate to permit parking for 2 vehicles. Applicants propose to put a  pervious surface (crushed rock or pervious pavers) on the graded area to permit parking without  increasing stormwater runoff.    7) Additional Exhibits  a) EXHIBIT C – Survey of property prepared in conjunction with Applicants’ original purchase  b) EXHIBIT D – Grading and Retention Plan  c) EXHIBIT E‐ intentionally omitted  d) EXHIBIT F – Proof of Ownership – Chatham County Tax Assessment    8) DNR Permit – In addition to this Variance Request, Applicants have submitted an application for  this project to the Department of Natural Resources, pursuant to the Shore Protection Act.    ADJOINING PROPERTY OWNERS    Leonard and Patricia Schlauch  Physical Address –   #4  8th Terrace  Tybee Island, GA 31328  Mailing Address –   PO Box 2091  Tybee Island, GA 31328    Lyons Tybee House, LLC  Physical Address –   #4  8th Terrace  Tybee Island, GA 31328  Mailing Address –   ATTN: Archie Bunger  620 E. 50th Street  Savannah, GA 31405    Michael Bono  Physical Address –   #3  8th Place  Tybee Island, GA 31328  Mailing Address –   6230 Wakeforst Ave.  Houston, TX 77005 20181011CityCouncilPacket Page 56 of 164 20181005/jrl 20181011CityCouncilPacket Page 57 of 164 20181005/jrl 20181011CityCouncilPacket Page 58 of 164 20181005/jrl 20181011CityCouncilPacketPage 59 of 16420181005/jrl 20181011CityCouncilPacket Page 60 of 164 20181005/jrl 20181011CityCouncilPacket Page 61 of 164 20181005/jrl 20181011CityCouncilPacket Page 62 of 164 20181005/jrl 20181011CityCouncilPacket Page 63 of 164 20181005/jrl 20181011CityCouncilPacket Page 64 of 164 20181005/jrl 20181011CityCouncilPacket Page 65 of 164 20181005/jrl 20181011CityCouncilPacket Page 66 of 164 20181005/jrl 20181011CityCouncilPacket Page 67 of 164 20181005/jrl 20181011CityCouncilPacket Page 68 of 164 20181005/jrl 20181011CityCouncilPacket Page 69 of 164 20181005/jrl 20181011CityCouncilPacket Page 70 of 164 20181005/jrl 20181011CityCouncilPacket Page 71 of 164 20181005/jrl 20181011CityCouncilPacket Page 72 of 164 20181005/jrl 20181011CityCouncilPacketPage 73 of 16420181005/jrl MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Jackson Butler Wanda Doyle Julie Livingston Monty Parks                        CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen   CLERK OF COUNCIL Janet LeViner   CITY ATTORNEY Edward M. Hughes    City Council Agenda Item Request     Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors.   Council Meeting Date for Request: 10/11/2018 Item: ZONING VARIANCE: CONSIDERATION OF BUILDING IN FRONT SETBACK – 1307 5TH AVENUE – 4-0011-05-015 – RONALD & CARLETTE CALLOWAY     Paper Work: YES Attached   Audio/Video Presentation*     • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.     Submitted by: Lisa L. Schaaf   Phone / Email: Lschaaf@cityoftybee.org       Date given to Clerk of Council: 10/04/2018     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 20181011CityCouncilPacket Page 74 of 164 20181005/jrl 20181011CityCouncilPacket Page 75 of 164 20181005/jrl 20181011CityCouncilPacket Page 76 of 164 20181005/jrl 20181011CityCouncilPacket Page 77 of 164 20181005/jrl 20181011CityCouncilPacket Page 78 of 164 20181005/jrl 20181011CityCouncilPacket Page 79 of 164 20181005/jrl 20181011CityCouncilPacket Page 80 of 164 20181005/jrl 20181011CityCouncilPacket Page 81 of 164 20181005/jrl 20181011CityCouncilPacket Page 82 of 164 20181005/jrl 20181011CityCouncilPacket Page 83 of 164 20181005/jrl 20181011CityCouncilPacket Page 84 of 164 20181005/jrl 20181011CityCouncilPacket Page 85 of 164 20181005/jrl 20181011CityCouncilPacket Page 86 of 164 20181005/jrl 20181011CityCouncilPacket Page 87 of 164 20181005/jrl 20181011CityCouncilPacketPage 88 of 16420181005/jrl 20181011CityCouncilPacketPage 89 of 16420181005/jrl 20181011CityCouncilPacket Page 90 of 164 20181005/jrl 20181011CityCouncilPacket Page 91 of 164 20181005/jrl 20181011CityCouncilPacket Page 92 of 164 20181005/jrl 20181011CityCouncilPacket Page 93 of 164 20181005/jrl 20181011CityCouncilPacket Page 94 of 164 20181005/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES August 20, 2018 Chair Bishop called the August 20, 2018 Tybee Island Planning Commission meeting to order. Commissioners present were Charles Matlock, Marianne Bramble, Alan Robertson, Tina Gann and David McNaughton. Vice Chair Bossick was not present. Consideration of Minutes: Chair Bishop asked for consideration of the July 16, 2018 meeting minutes. Charles Matlock stated that there are spelling errors he would like corrected. Alan Robertson made a motion to approve with spelling error changes. Tina Gann seconded. The vote to approve was unanimous. Chair Bishop asked for consideration of the July 26, 2018 meeting minutes. Charles Matlock made a motion to approve. David McNaughton seconded. The vote to approve was unanimous by the members who were present, David McNaughton, Marianne Bramble and Charles Matlock. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none. Old Business: Chair Bishop asked if there was any old business. Alan Robertson stated he would like to review the progress of the proposed text amendment for the south end overlay. He stated the Planning Commission needs to schedule a workshop with the groups involved and talk through some of the issues. He stated this will be a more productive way of finalizing the text. Alan Robertson made a motion to have the Planning Director schedule a workshop for Planning Commission members and the appropriate parties at the earliest convenience preferably before the September 17th Planning Commission meeting. Charles Matlock seconded. The vote to approve was unanimous. New Business: Zoning Variance: consideration of setback encroachments for new single-family dwelling – 4 Wilson Avenue – 4-0002-03-024 – Herman Lee Allred. George Shaw approached the Planning Commission and stated that items one and two are neighboring empty lots and they are substandard for the zoning district they are in. Both are about 2,500sqft each. Mr. Shaw stated he has no problem with a variance for either one of these lots. Mr. Shaw also stated that Mr. Allred is asking for fifteen feet on the front, two feet on the sides, and five feet on the rear setbacks. He is requesting this for a building plan that he likes. David McNaughton asked if parking would be under the house and if there would be a drainage issue. Mr. Shaw stated that it could if they build up. Currently the City does not have storm drains on Wilson Avenue. The options for someone building a home on these lots are either contain additional storm water on the lot, or get it to the City’s system, or marshes. Herman Allred approached the Planning Commission and stated he lives at 220 Williamson Drive, Macon Georgia. He stated that the family voted on a plan that everyone would like that would fit on this small lot. Tina Gann asked if this would be a family house or a short-term rental. Mr. Allred stated that they would like to do both. Tina Gann stated that a short-term rental would affect the neighbors in that area significantly. Thomas Lee approached the Planning Commission and stated he lives at 7 Naylor Avenue. 20181011CityCouncilPacket Page 95 of 164 20181005/jrl He stated he and his wife purchased their property in 2013 to make it their home. They complied with the existing setbacks that were in place and would like to see his neighbors do the same. He stated the reduction of setbacks on neighboring properties would affect sunlight, breeze, view, privacy, noise, vegetation and the value of the existing homes. Ken Jordan approached the Planning Commission and stated he lives at 11 Naylor Avenue, Tybee Island. He stated his home was built in 2014 and all the existing setbacks were followed. He would like to see the new neighbors do the same. He also stated the drainage does concern him. Debbie Nicklas approached the Planning Commission and stated she and her husband live at 8 Wilson Avenue. She stated when she built her house she was granted a five-foot front setback variance only and she had to build a parallelogram shape home to abide by the other existing setbacks. Sharon Hosti approached the Planning Commission and stated she lives at 3 Wilson Avenue and also owns the lot across from her that she has her carport on. She stated that there are already problems on Wilson Avenue like the narrowness of the road, the trash trucks have difficulty going down it, and there are a lot of people that speed through there. Vacationers would bring too many problems to that area. She also doesn’t want a house so close to her carport. David McNaughton asked if the property would meet the greenspace requirements with the variance. Mr. Shaw stated he would have to require the calculation be done from the owner before the permit could be issued. Alan Robertson made a motion to deny. Marianne Bramble seconded. Vote to deny was unanimous. 5-0 Zoning Variance: consideration of setback encroachments for new single-family dwelling – 9 Naylor Avenue – 4-0002-03-012 – Carmela Aliffi & Jane Fishman. Mr. Shaw approached the Planning Commission and stated this property is similar and next to 4 Wilson Avenue. They currently have a granted variance from a year ago. That is a 16-foot front setback on the Naylor Avenue side, and 6-foot side setback on the Wilson Avenue side. They are now requesting an 11- foot setback on Naylor Avenue and a 5-foot setback on Wilson Avenue. This is a little less than what they were granted a year ago. The reason for the change is to save a tree. Carmela Aliffi, the applicant, and Dan Snyder approached the Planning Commission. Dan Snyder stated his address is Gaston Street Downtown and he is the Architect for the project. Carmella Allifi stated she would like to keep the natural environment that is there now and not cut the tree she had intended to cut last year. Dan Snyder stated he modeled this home to save the tree and to maximize the size of the house in the area that is there. It will also be two stories with the carport under the house. Marianne Bramble asked if this will be a short term rental or full time home. Carmella Allifi stated this will be her home not a short term rental. Ken Jordan approached the Planning Commission and stated he lives at 11 Naylor Avenue and the Wilson Avenue side variance for this property would be close to his home and he has a concern about safety issues with the house being so close to the road. Carmella Aliffi stated she would like to rescind the variance on the Wilson Avenue side to just keep it at 6-foot and only ask for the variance on the Naylor Avenue side, which will be the 5-foot variance that makes it an 11-foot setback. Tina Gann made a motion to approve only the 5-foot variance that will be the 11-foot setback on the Naylor Avenue and to keep the existing 6-foot setback on the Wilson Avenue. David McNaughton seconded. Voting in favor were Tina Gann, Charles Matlock and David McNaughton. Voting against were Alan Robertson and Marianne Bramble. Motion to approve carried, 3-2. Site Plan Approval: Modify site for an office and parking spaces – 3 Old Hwy 80 – 4-0024-02-001 – Shannon Hollar (Cruises to Nowhere LLC.) Mr. Shaw approached the Planning Commission and stated this property is owned by Pat Mathews and actually straddles both sides of Highway 80. This proposal will be on the south side of Highway 80. They are proposing a small office trailer and approximately eighty parking spaces for a cruise ship/gambling boat to dock at Mr. Mathew’s existing dock. Mr. Shaw stated it is a by right use in this district and there is plenty of space for parking spaces and the building. Mr. Shaw also stated that the property does need to be cleaned up and there does need to be a spot for handicap accessible parking. Tina Gann asked if the parking spaces would be marked. Mr. Shaw stated from what he understands, they do not intend to delineate the spaces, although he thinks they should have some kind of delineation. Chair Bishop stated he fails to see that this is an approved use in the Maritime district. Mr. Shaw stated this is under (L) passenger cruise line. Chair Bishop stated this is not a passenger cruise line by definition legally. Mr. Shaw stated he would interpret this as a passenger cruise line since they do take passengers out and come back. 20181011CityCouncilPacket Page 96 of 164 20181005/jrl He stated he would also check with the City Attorney to make sure. Chair Bishop also stated the site plan is not complete or has not meet the requirements for site plan approval. He also stated he is concerned about public safety coming in and out of Highway 80, capacity for sewage disposal, fuel storage, the dock area needing repairs and if the marsh buffer is approved by DNR. Mr. Shaw stated that the buffer on the site plan has expired and is going to be re-surveyed. Alan Robertson stated he is concerned with the lack of a complete site plan package. He also stated there is nothing in this site plan that allows him to answer any of the questions that come up around the entire commercial endeavor. Marianne Bramble stated she has some safety issues about the dock and the surrounding area and she thinks the parking should be designated. David McNaughton asked if this site plan were approved what other approvals would the ship be required to have before it could operate. Mr. Shaw stated they would need a Coast Guard inspection for seaworthiness and safety, and a business license. Marianne Bramble asked if there would be restrooms on site. Mr. Shaw stated from what he understands the guests would use the boat restrooms. Anna Butler approached the planning commission and stated she lives at 1212 Fifth Avenue on Tybee Island. She stated she has concerns with the parking area, the amount of passengers that will be aboard the boat, and other businesses in the same area where they are leaving from Highway 80. Karen Gilbert approached the planning commission and stated she lives at 113 Jones Avenue, Tybee Island. She wanted to second the comments Chair Bishop made because they were also her concerns. And she would hope that the Planning Commission would deny the application. Paul Burns approached the Planning Commission and stated he lives at 215 East 45th Street, Savannah, and his business is at 4 Old Hwy 80. He stated he was very concerned with the parking and the amount of cars that already come and go in the area. He has seen tour buses stuck in the middle of the road and he thinks they should have to have a more detailed site plan like he had to do when he opened his business. Greg Fowler approached the Planning Commission and stated he lives at 7B Village Place, Tybee Island. He stated the view coming over Lazaretto Bridge is an eye sore. He also stated that one of his concerns is the bridge being hit, that would shut Tybee Island down coming and going. He stated he is also concerned with the safety issues and they should have to turn in a more complete plan. Fran Galloway approached the Planning Commission and stated she lives at 153 Lewis Avenue. She stated she has the same concerns that have been brought up and hopes the Planning Commission looks at all of the concerns and does not approve this. Pat Mathews who owns the property at 3 Old Hwy 80 and Shannon Hollar who is the applicant and Captain of the Cruise Boat approached the Planning Commission. Mr. Mathews stated he has and will address every concern. He also stated he is planning on having a parking attendant and security on hand during operations of the boat. Shannon Hollar stated every parking spot will also be identified. Pat Mathews stated that DOT spent millions of dollars to build a bridge fender on Lazaretto Creek Bridge to stop anything from damaging the bridge. He also stated the property will be cleaned up, he is working on that now. Lisa Dean approached the Planning Commission and stated she lives at 202 Twelfth Street, Tybee Island. She asked if this Site Plan is approved this evening or at some point in the future, relative to the requirements of the land development code, what would the next steps be, and will there be a plan if this ship was to hit the bridge. Chair Bishop stated that would all be covered under the questions that have been raised tonight that would have to be addressed. David McNaughton made a motion to continue until the site plan contains all the concerns including an up to date DNR line, drainage opinion from the city engineer, restrooms on this site, environmental impact, public safety issues, sewage disposal, and handicap parking. Charles Matlock seconded. Voting in favor were Charles Matlock, David McNaughton, Marianne Bramble and Tina Gann. Voting against was Alan Robertson. Motion to continue carried, 4-1. Standing Agenda Item: Chair Bishop asked if there were any standing agenda items. Commissioner Robertson stated there was none for this meeting. Tina Gann made a motion to Adjourn. David McNaughton seconded. The vote was unanimous. Meeting adjourned 9:30pm. Lisa L. Schaaf 20181011CityCouncilPacket Page 97 of 164 20181005/jrl DRAFT PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES September 17, 2018 Chair Bishop called the September 17, 2018 Tybee Island Planning Commission meeting to order. Commissioners present were Charles Matlock, Marianne Bramble, Alan Robertson, David McNaughton and Ron Bossick. Tina Gann was not present. Consideration of Minutes: Chair Bishop asked for consideration of the August 20, 2018 meeting minutes. Alan Robertson made a motion to approve. Charles Matlock seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none. Old Business: Chair Bishop asked if there were any old business. There were none. New Business: Special Review: consideration of building into the “toe of the dune” line – 2 8th Place – 4-006-02-001 – Stephen & Annette Friedman. George Shaw approached the Planning Commission and stated the applicant has withdrawn the list of things in the packet and now he is only asking to push the dune off his house and put in a retaining wall to keep the dune away from the house. He also stated the City has a dune buffer of ten-feet and staff cannot support removing the entire dune as he is requesting but some relief would be appropriate, maybe in the ten-foot setback and the retaining wall. David McNaughton stated he would like to enter into the record an administrative order, as referred to, in the stay of motion against this property owner. He gave the letter to staff and is in file. Stephen Friedman approached the Planning Commission and stated he lives at 2 8th Place, Tybee Island. He thanked the planning members that came to his house to look at his situation with the dunes. He also stated that he decided not to ask for the porch and deck tonight and only ask for the dune setback because it is right up against his home. Stephen Friedman also stated that he is not removing the dune. He only wants to push the dune away from his house. He wants to have it setback in line with his neighbors on both sides and that will close the gap in his dune. Vice Chair Bossick asked if he built or purchased the home and was the dune already against his wall. Stephen Friedman stated he purchased the home about four years ago and the dune has been moving since then. Stephen Friedman also stated that he had an architect, licensed in the state of Georgia, examine the wall that the dune is against and the dune poses a structural threat to his home. David McNaughton asked if there is a document from the Department of Natural Resources that states the City can go along with this proposal. Stephen Friedman stated no there is no official document; they just stated to him that they would not consider doing anything until he gets a zoning approval letter. Marianne Bramble asked if Mr. Friedman could show everyone on the picture where he is talking about moving the dune back. Stephen Friedman showed the area on the picture about 50’ seaward of his home. Karen Gilbert approached the Planning Commission and stated she lives at 113 Jones Avenue, Tybee Island. She stated she would like to show the viewers at home on the screen where he would be moving the dune. The aerial view was shown on the screen and Stephen Friedman explained what he is asking for. Chair Bishop stated we must be very specific in our decision with protecting property and dune placing. Mr. Shaw stated that is true, and he does not know if pushing dunes seaward 20181011CityCouncilPacket Page 98 of 164 20181005/jrl DRAFT would cause a greater risk to someone’s property. Alan Robertson stated that Seventh, Eighth, Ninth and Tenth streets hold our strongest dune systems; they have a few swales between them which are very important to the dunes. Charles Matlock made a motion to approve. There was no second. Motion failed for lack of a second. Alan Robertson made a motion to deny. Marianne Bramble seconded. Voting in favor were Vice Chair Bossick, Alan Robertson, Marianne Bramble and David McNaughton. Voting against was Charles Matlock. Motion to deny carried, 4-1. Zoning Variance: consideration of building in front setback – 1307 5th Avenue – 4-0011-05-015 – Ronald & Carlette Calloway. Mr. Shaw approached the Planning Commission and stated the Calloway’s own two side-by-side lots with an elevated home on one and a ground level home on the other. They would like to remove the ground level home that was flooded from the last two hurricanes and build an elevated structure with the same front setback with an elevator. That would require the front setback variance, which is nine and a half feet from the front property line. A house would certainly be buildable without the variance so staff cannot support this variance. David McNaughton asked if that road had a sixty-foot right-of-way. Mr. Shaw stated yes it is sixty-foot in that area. Ronald Calloway approached the Planning Commission and stated he lives at 1309 and 1307 5th Avenue, Tybee Island. He stated they have always used the ground level cottage as part of their house as the fourth and fifth bedroom. He also stated the reason he wants the setback is to be able to build a four-bedroom home to accommodate all family members and to keep the tree in the back yard with the patio under it. David McNaughton asked if he has considered adding an elevator to the current elevated home. Mr. Calloway stated there is no room in the current home to add an elevator, they have looked into it. He also stated if he gets to build this size home with the variance, he would sell the current elevated home. David McNaughton asked Mr. Shaw what the average setback was on that street. Mr. Shaw stated he does not know. Marianne Bramble made a motion to approve. There was no second. Motion failed for lack of a second. David McNaughton made a motion to continue contingent on applicant getting an average setback survey done to see if he could use that setback without a variance. Marianne Bramble seconded. Voting in favor were David McNaughton and Marianne Bramble. Voting against were Alan Robertson, Vice Chair Bossick and Charles Matlock. Motion to continue failed 3-2. Alan Robertson made a motion to deny. Charles Matlock seconded. Voting in favor were Alan Robertson, Charles Matlock and Vice Chair Bossick. Voting against were David McNaughton and Marianne Bramble. Motion to deny carried 3-2. Standing Agenda Item: Chair Bishop asked if there were any standing agenda items. Commissioner Robertson stated there was none for this meeting. Vice Chair Ron Bossick made a motion to Adjourn. Charles Matlock seconded. The vote was unanimous. Meeting adjourned 8:45pm. Lisa L. Schaaf 20181011CityCouncilPacket Page 99 of 164 20181005/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown Mayor Pro Tem Wanda Doyle Julie Livingston Jackson Butler Monty Parks John Branigin CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Council Meeting Date for Request: October 11, 2018 Item: To request that the City Council amend fiscal year 2019 budget for the Grant Capital Project Fund 340 by transferring $90,000 from the contingency line item to the contract labor to cover the cost for a contract labor agreement approved by the City Council on September 27, 2018. Explanation: This agenda item is requesting that the City Council approve a budget amendment for the FY2019 Grant Capital Project Fund 340 to transfer of $90,000 from the contingency line item to the contract labor line item in order to cover the annual cost for an agreement approved by the City Council on September 27, 2018. The details of the line items for the transfer budget are as follows: REQUESTED BUDGETED AMENDMENT ON OCTOBER 11, 2018 REVENUE BUDGET State Grant Revenue 340.00.33.4110 $ 5,000,000 EXPENDITURE BUDGET Contract Labor 340.6125.52.3850 $ 90,000 To pay for contract labor for Allen’s Services Supplies & Material 340.6125.53.1100 $ 60,000 To purchase sand in case of an emergency Infrastructure Dune Restoration 340.6125.54.1403 $ 4,640,000 Dune Restoration Project Contingency 340.9000.61.1000 $ 210,000 To purchase sand bags & hauling services $ 5,000,000 Budget Line Item Number (if applicable): See Detailed Budget Amendment included as Attachment A Paper Work: _____ Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org Comments: ________________________________________________________________________________ OCTOBER 2, 2018 Date given to Clerk of Council 20181011CityCouncilPacket Page 100 of 164 20181005/jrl City Council Agenda Item Request Council Meeting Date for Request: October 11, 2018 Item: To request that the City Council approve a budget amendment to increase the General Fund fiscal year 2019 budget by an increase of 167,501 increasing the budget from $12,698,899 to $12,866,400. Explanation: The purpose of this agenda item is to request that the City Council approve a budget amendment by a $167,501 for the fiscal year 2019 General Fund’s budget. On August 30, 2018, the City Council held a budget workshop to review the FY2019 capital project improvement plan. As a result of that meeting the City Council decided to approve $132,201 capital projects to be added to the General Fund’s FY2019 budget. The capital projects included are as follows: 1. Information Technology Department - $21,000 a. Machinery & Equipment – 100.1535.54.2100 - $6,000 b. Computer Equipment – 100.1535.54.2400 - $15,000 for 15 Rugged Laptops for emergencies. 2. Parking Services Department - $15,000 a. Vehicles – 100.7564.54.2200 – New Truck or SUV 3. Police Department - $45,000 a. Equipment Contract Services 100.3210.52.1300 - $10,000 for cameras b. Machinery & Equipment 100.3210.54.2100 - $10,000 for in car camera systems c. Machinery & Equipment 100.3210.54.2100 - $25,000 for remote surveillance camera systems 4. Fire Department - $51,201 a. Machinery & Equipment 100.3510.54.2100 - $9,000 – Jet Ski with a trailer b. Machinery & Equipment 100.3510.54.2100 - $10,000 – Radios c. Machinery & Equipment 100.3510.54.2100 - $15,000 – 8KW Mobile Generator d. Machinery & Equipment 100.3510.54.2100 - $25,000 – 14KW Mobile Generator In addition to the capital projects, the budget amendment includes of $35,300 to increase the Public Works Department’s Administration and the Building Maintance Divisions’ to cover anticipated short falls in specific line items. 1. Public Works Building Maintance - $13,300 budget amendment to increase its budget from $671,026 to $684,326. a. Pest Control – 100.1565.52.2200 increase budget by $300 from $3,800 to $4,100; b. Repairs & Maintenance Buildings – 100.1565.52.2201 increase line item by $10,000 from $37,000 to $47,000; and c. Supplies & Materials – 100.1565.53.1100 increase budget by $3,000 from $3,000 to $6,000; 2. Public Works Administration - $22,000 budget amendment to increase its budget from $1,439,220 to $1,461,220; a. Rental of Equipment & Vehicles - 100.4210.52.2320 increase budget by $5,000 from $2,500 to $7,500; b. Contract Labor – 100.4210.52.3850 increase budget by $5,000 from $ 5,000 to $10,000; and c. Public Restroom Supplies – 100.4210.53.1105 increase budget by $6,000 from $14,000 to $20,000. 20181011CityCouncilPacket Page 101 of 164 20181005/jrl We are able to cover the necessary budget amendments the following revenue line items will be increased: 1. Information Technology Fees Revenue – 100.00.35.1172 will be increased by $19,596 from $55,000 to $74,596; 2. Sales & Use Tax (LOST) 100.00.31.3100 will be increase by $130,000 from $1,130,000 to $1,260,000; and 3. Local 3% Alcohol Tax 100.00.31.4300 will be increased by $17,905 from $135,000 to $152,905. Note that increasing the Sales & Use Tax and the Local 3% Alcohol Tax revenue budgets up by the aforementioned amounts is setting their line item budget at the actual amounts collected for FY2018. The budget amendment is necessary for the following reasons: Budget Line Item Number (if applicable): See Detailed Budget Amendment included as Attachment A Paper Work: ____X_ Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org Comments: ________________________________________________________________________________ October 4, 2018 Date given to Clerk of Council 20181011CityCouncilPacket Page 102 of 164 20181005/jrl FY2019 FY2019 FY2019 FY2019 BUDGET CURRENT Y-T-D Y-T-D BUDGET AMENDMENT AMENDED BUDGET ACTUAL ENCUMBRANCE BALANCE AMOUNT BUDGET REVENUES TAXES 4,116,707.00 351,573.32 - 3,765,133.68 147,905.00 4,264,612.00 LICENSES & PERMITS 361,000.00 44,624.00 - 316,376.00 361,000.00 INTERGOVERNMENTAL 247,000.00 6,275.00 - 240,725.00 247,000.00 CHARGES FOR SERVICES 3,420,100.00 1,319,627.56 - 2,100,472.44 3,420,100.00 FINES & FORFEITURES 997,700.00 287,931.00 - 709,769.00 19,596.00 1,017,296.00 INVESTMENT INCOME 40,000.00 28,671.07 - 11,328.93 40,000.00 CONTRIBUTIONS & DONATIONS - - - - - MISCELLANEOUS 122,200.00 35,941.94 - 86,258.06 122,200.00 OTHER FINANCING SOURCES 3,394,192.00 545,543.44 - 2,848,648.56 - 3,394,192.00 *** TOTAL REVENUE ***12,698,899.00 2,620,187.33 - 10,078,711.67 167,501.00 12,866,400.00 EXPENDITURES Mayor and Council PERSONNEL 49,648.00 17,783.15 - 31,864.85 49,648.00 SERVICES 149,300.00 3,258.65 490.42 145,550.93 149,300.00 SUPPLIES 12,800.00 1,405.83 287.92 11,106.25 12,800.00 OTHER COSTS 600.00 - - 600.00 600.00 TOTAL Mayor and Council 212,348.00 22,447.63 778.34 189,122.03 212,348.00 Clerk of Council PERSONNEL 81,249.00 19,083.08 - 62,165.92 81,249.00 SERVICES 16,150.00 104.15 160.00 15,885.85 16,150.00 SUPPLIES 4,840.00 74.80 - 4,765.20 4,840.00 DEPRECIATION/AMORTIZATIO - - - - - OTHER COSTS 10,000.00 - 7,574.22 2,425.78 10,000.00 TOTAL Clerk of Council 112,239.00 19,262.03 7,734.22 85,242.75 112,239.00 City Manager PERSONNEL 290,217.00 66,659.38 - 223,557.62 290,217.00 SERVICES 172,770.00 9,476.11 26,025.00 137,268.89 172,770.00 SUPPLIES 84,460.00 20,314.40 - 64,145.60 84,460.00 CAPITAL OUTLAY - - - - - TOTAL City Manager 547,447.00 96,449.89 26,025.00 424,972.11 547,447.00 Finance Director PERSONNEL 122,513.00 28,440.79 - 94,072.21 122,513.00 SERVICES 13,300.00 646.45 - 12,653.55 13,300.00 SUPPLIES 4,600.00 544.58 - 4,055.42 4,600.00 TOTAL Finance 140,413.00 29,631.82 - 110,781.18 140,413.00 - Finance - Accounting - PERSONNEL 205,855.00 32,252.59 - 173,602.41 205,855.00 SERVICES 225,600.00 26,191.44 - 199,408.56 225,600.00 SUPPLIES 6,600.00 506.65 - 6,093.35 6,600.00 INTERFUND/INTERDEPARTMENT (125,028.00) (35,006.94) - (90,021.06) (125,028.00) TOTAL Finance - Accounting 313,027.00 23,943.74 - 289,083.26 313,027.00 - 20181011CityCouncilPacket Page 103 of 164 20181005/jrl FY2019 FY2019 FY2019 FY2019 BUDGET CURRENT Y-T-D Y-T-D BUDGET AMENDMENT AMENDED BUDGET ACTUAL ENCUMBRANCE BALANCE AMOUNT BUDGET Finance - A/P - PERSONNEL 67,493.00 15,791.45 - 51,701.55 67,493.00 SERVICES 3,900.00 101.99 - 3,798.01 3,900.00 SUPPLIES 1,500.00 116.06 - 1,383.94 1,500.00 INTERFUND/INTERDEPARTMENT (38,144.00) (9,538.71) - (28,605.29) (38,144.00) TOTAL Finance - A/P 34,749.00 6,470.79 - 28,278.21 34,749.00 - Finance - Payroll - PERSONNEL 61,428.00 14,504.18 - 46,923.82 61,428.00 SERVICES 7,770.00 - 499.00 7,271.00 7,770.00 SUPPLIES 700.00 116.06 - 583.94 700.00 INTERFUND/INTERDEPARTMENT (17,000.00) (4,444.95) - (12,555.05) (17,000.00) TOTAL Finance - Payroll 52,898.00 10,175.29 499.00 42,223.71 52,898.00 - Law - SERVICES 242,000.00 38,855.02 - 213,144.98 242,000.00 INTERFUND/INTERDEPARTMENT 5,000.00 5,990.00 - (990.00) 5,000.00 TOTAL Law 247,000.00 44,845.02 - 212,154.98 247,000.00 - Information Technology - PERSONNEL 195,866.00 44,686.15 - 151,179.85 195,866.00 SERVICES 388,650.00 53,132.22 4,102.67 331,415.11 388,650.00 SUPPLIES 28,470.00 179.89 1,192.81 27,097.30 28,470.00 CAPITAL OUTLAY 20,000.00 14,002.65 - 5,997.35 21,000.00 41,000.00 TOTAL Information Technology 632,986.00 112,000.91 5,295.48 515,689.61 21,000.00 653,986.00 - Human Resources - PERSONNEL 108,177.00 23,807.51 - 84,369.49 108,177.00 SERVICES 16,030.00 4,577.99 145.00 11,307.01 16,030.00 SUPPLIES 3,340.00 120.16 241.61 2,978.23 3,340.00 INTERFUND/INTERDEPARTMENT - - - - - OTHER COSTS 3,300.00 345.00 - 2,955.00 3,300.00 TOTAL Human Resources 130,847.00 28,850.66 386.61 101,609.73 130,847.00 - Public Works Building Maint - PERSONNEL 251,322.00 59,073.93 - 192,248.07 251,322.00 SERVICES 54,400.00 7,049.97 1,745.52 45,604.51 10,300.00 64,700.00 SUPPLIES 3,000.00 643.50 1,737.62 618.88 3,000.00 6,000.00 CAPITAL OUTLAY 362,304.00 - - 362,304.00 362,304.00 TOTAL Bldg Maint & Allocations 671,026.00 66,767.40 3,483.14 600,775.46 13,300.00 684,326.00 - Municipal Court - PERSONNEL 222,809.00 51,592.04 - 171,216.96 222,809.00 SERVICES 49,013.00 7,092.28 1,064.87 40,855.85 49,013.00 SUPPLIES 17,013.00 1,242.18 1,962.90 13,807.92 17,013.00 OTHER COSTS 15,000.00 - - 15,000.00 15,000.00 TOTAL Municipal Court 303,835.00 59,926.50 3,027.77 240,880.73 303,835.00 - Police Administration - PERSONNEL 1,983,628.00 413,288.19 - 1,570,339.81 1,983,628.00 SERVICES 163,990.00 23,052.72 3,381.71 137,555.57 10,000.00 173,990.00 SUPPLIES 233,250.00 23,340.03 21,801.66 188,108.31 233,250.00 CAPITAL OUTLAY 8,900.00 2,867.25 - 6,032.75 35,000.00 43,900.00 TOTAL Police Administration 2,389,768.00 462,548.19 25,183.37 1,902,036.44 45,000.00 2,434,768.00 20181011CityCouncilPacket Page 104 of 164 20181005/jrl FY2019 FY2019 FY2019 FY2019 BUDGET CURRENT Y-T-D Y-T-D BUDGET AMENDMENT AMENDED BUDGET ACTUAL ENCUMBRANCE BALANCE AMOUNT BUDGET - Police Beach Patrol - PERSONNEL 321,480.00 83,067.35 - 238,412.65 321,480.00 SERVICES 1,500.00 - - 1,500.00 1,500.00 SUPPLIES 7,000.00 731.82 2,538.34 3,729.84 7,000.00 TOTAL Beach Patrol 329,980.00 83,799.17 2,538.34 243,642.49 329,980.00 - Fire Administration - PERSONNEL 665,495.00 107,050.83 - 558,444.17 665,495.00 SERVICES 97,600.00 7,569.84 888.92 89,141.24 97,600.00 SUPPLIES 54,350.00 3,418.77 - 50,931.23 54,350.00 CAPITAL OUTLAY - - - - 51,201.00 51,201.00 TOTAL Fire Administration 817,445.00 118,039.44 888.92 698,516.64 51,201.00 868,646.00 - Emergency Management - PERSONNEL 70,747.00 14,501.37 - 56,245.63 70,747.00 SERVICES 15,850.00 - - 15,850.00 15,850.00 SUPPLIES 2,985.00 12,436.74 42,563.26 (52,015.00) 2,985.00 TOTAL Emergency Management 89,582.00 26,938.11 42,563.26 20,080.63 89,582.00 - Public Works - Administration - PERSONNEL 1,062,520.00 229,441.35 - 833,078.65 1,062,520.00 SERVICES 123,550.00 34,947.72 6,740.90 81,861.38 10,000.00 133,550.00 SUPPLIES 199,350.00 37,826.93 9,702.42 151,820.65 12,000.00 211,350.00 CAPITAL OUTLAY 53,800.00 - - 53,800.00 53,800.00 TOTAL Public Works 1,439,220.00 302,216.00 16,443.32 1,120,560.68 22,000.00 1,461,220.00 - Storm Drainage - SERVICES 51,568.00 17,036.29 - 34,531.71 51,568.00 TOTAL Storm Drainage 51,568.00 17,036.29 - 34,531.71 51,568.00 - Solid Waste Collection - SERVICES 90,000.00 22,777.01 - 67,222.99 90,000.00 CAPITAL OUTLAY - - - - - TOTAL Solid Waste Collection 90,000.00 22,777.01 - 67,222.99 90,000.00 - Cultural & Recreation - PERSONNEL - - - - - SERVICES 11,600.00 637.20 1,140.36 9,822.44 11,600.00 SUPPLIES 96,700.00 13,701.74 - 82,998.26 96,700.00 CAPITAL OUTLAY - - - - - OTHER COSTS 117,475.00 35,900.00 - 81,575.00 117,475.00 TOTAL Cultural & Recreation 225,775.00 50,238.94 1,140.36 174,395.70 225,775.00 - Recreation Centers - SERVICES 168,950.00 42,112.50 - 126,837.50 168,950.00 SUPPLIES - - - - - CAPITAL OUTLAY - - - - - TOTAL Recreation Centers 168,950.00 42,112.50 - 126,837.50 0 168,950.00 - 20181011CityCouncilPacket Page 105 of 164 20181005/jrl FY2019 FY2019 FY2019 FY2019 BUDGET CURRENT Y-T-D Y-T-D BUDGET AMENDMENT AMENDED BUDGET ACTUAL ENCUMBRANCE BALANCE AMOUNT BUDGET Fire - Ocean Rescue - PERSONNEL 313,943.00 88,075.46 - 225,867.54 313,943.00 SERVICES 13,000.00 101.43 - 12,898.57 13,000.00 SUPPLIES 23,000.00 - - 23,000.00 23,000.00 TOTAL Lifeguards 349,943.00 88,176.89 - 261,766.11 349,943.00 - Beach Related - SERVICES 38,000.00 9,000.00 - 29,000.00 38,000.00 SUPPLIES 22,000.00 3,024.97 - 18,975.03 22,000.00 CAPITAL OUTLAY 60,000.00 - - 60,000.00 60,000.00 TOTAL Beach Related 120,000.00 12,024.97 - 107,975.03 120,000.00 - Museums - CAPITAL OUTLAY 300,000.00 - - 300,000.00 300,000.00 OTHER COSTS 45,212.00 45,212.00 - - 45,212.00 TOTAL Museums 345,212.00 45,212.00 - 300,000.00 345,212.00 - Parks Administration - PERSONNEL 212,157.00 43,746.34 - 168,410.66 212,157.00 SERVICES 12,500.00 4,537.98 1,434.21 6,527.81 12,500.00 SUPPLIES 23,100.00 1,120.61 742.54 21,236.85 23,100.00 TOTAL Parks Administration 247,757.00 49,404.93 2,176.75 196,175.32 247,757.00 - Park Areas - Concession - PERSONNEL - - - - - SERVICES 56,500.00 12,963.76 - 43,536.24 56,500.00 SUPPLIES 9,200.00 1,264.85 - 7,935.15 9,200.00 TOTAL Park Areas - Concession 65,700.00 14,228.61 - 51,471.39 65,700.00 - Parkways and Boulevards - CAPITAL OUTLAY 460,000.00 - - 460,000.00 460,000.00 TOTAL Parkways and Boulevards 460,000.00 - - 460,000.00 460,000.00 - Zoning and Inspection - PERSONNEL 227,535.00 53,540.52 - 173,994.48 227,535.00 SERVICES 483,610.00 180,488.92 4,925.00 298,196.08 483,610.00 SUPPLIES 3,940.00 738.62 88.96 3,112.42 3,940.00 TOTAL Zoning and Inspection 715,085.00 234,768.06 5,013.96 475,302.98 715,085.00 - Main Street - PERSONNEL 68,507.00 16,435.69 - 52,071.31 68,507.00 SERVICES 43,830.00 2,101.70 2,430.00 39,298.30 43,830.00 SUPPLIES 8,940.00 1,248.71 281.30 7,409.99 8,940.00 TOTAL Better Hometown 121,277.00 19,786.10 2,711.30 98,779.60 121,277.00 - Community Development - SUPPLIES 38,750.00 1,022.00 11,656.00 26,072.00 38,750.00 CAPITAL OUTLAY 20,000.00 - - 20,000.00 20,000.00 TOTAL Community Development 58,750.00 1,022.00 11,656.00 46,072.00 58,750.00 - Downtown Development - OTHER COSTS 10,000.00 - - 10,000.00 10,000.00 TOTAL Downtown Development 10,000.00 - - 10,000.00 10,000.00 20181011CityCouncilPacket Page 106 of 164 20181005/jrl FY2019 FY2019 FY2019 FY2019 BUDGET CURRENT Y-T-D Y-T-D BUDGET AMENDMENT AMENDED BUDGET ACTUAL ENCUMBRANCE BALANCE AMOUNT BUDGET Parking PERSONNEL 224,699.00 61,852.34 - 162,846.66 224,699.00 SERVICES 236,517.00 113,132.35 1,757.00 121,627.65 236,517.00 SUPPLIES 44,882.00 9,988.04 19.59 34,874.37 44,882.00 CAPITAL OUTLAY - - - - 15,000.00 15,000.00 TOTAL Parking 506,098.00 184,972.73 1,776.59 319,348.68 15,000.00 521,098.00 Other Financing Uses DEPRECIATION/AMORTIZATIO - - - - OTHER COSTS 125,982.00 - - 125,982.00 125,982.00 OTHER FINANCING USES 571,992.00 - - 571,992.00 571,992.00 TOTAL Other Financing Uses 697,974.00 - - 697,974.00 - 697,974.00 TOTAL 12,698,899.00 2,296,073.62 159,321.73 10,253,503.65 167,501.00 12,866,400.00 - 20181011CityCouncilPacket Page 107 of 164 20181005/jrl City Council Agenda Item Request Council Meeting Date for Request: October 11, 2018 Item: To request that the City Council approve a budget amendment to increase the SPLOST 2014 Capital Project Fund 322’s fiscal year 2019 budget by $50,075.29 changing the budget from $ to $1,290,500 to $1,340,575.29. Explanation: The purpose of this agenda item is to request that the City Council approve a budget amendment to increase the SPLOST 2014 Capital Project Fund 322’s from $1,290,500 to $1,340,575.29. The budget increase includes an increase of $75.29 carried-forward from fiscal year’s 2018 budget, in addition, to a $50,000 increase to the expected revenue collections for this fiscal year. Revenue Budget 1. Prior Year Fund Balance - $550,075.29 a. 322.00.39.3000 increased the budget line item by $75.29 from $550,000 to $550,075.29 2. SPLOST 2014 Revenue - $790,000 a. 322.00.33.7114 increased the budget line item by $50,000 from $740,000 to $790,000 Expenditure Budget 1. Police Department - $39,000 a. Machinery & Equipment - 322.3210.54.2100 – established a budget of $39,000 to purchase body cameras. 2. Public Works – Administration - $74,000 a. Infrastructure – 322.4210.54.1410 – decreased budget line item by ($69,308) from $143,308 to $74,000 to include Old Highway 80 Re-pavement Project only. The ($69,308) reduction was transferred to the Jayvee Park Project, 322.6210.54.1100. 3. Marsh Hen Trail TE Match - $12,420 a. 322.4970.54.2510 – decreased line it budget by ($1,176) from $13,596 to $12,420 to adjust the budget to the actually remaining budget amount carried-forward from fiscal year 2018. The ($1,176) reduction was transferred to the Jaycee Park Project, 322.6210.54.1100. 4. Jaycee Park - $460,000 a. Site Improvements – 322.6210.54.1100 - established a budget of $460,000 to build a new restroom facility, make new site improvements that include purchasing new recreational equipment, new fencing and resurfacing basketball courts, new dugouts, bocce ball courts, water faucet and disk golf, etc. 5. Contingency - $7,772.29 a. 322.9000.57.9001 – reduced the budget line item by ($378,440.71) from $386,213 to $7,772.29 in order to transfer the money to the Jaycee Park project line item, 322.6210.54.1100. Budget Line Item Number (if applicable): See Detailed Budget Amendment included as Attachment A Paper Work: ____X_ Attached* ** Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org October 5, 2018 20181011CityCouncilPacket Page 108 of 164 20181005/jrl 10/11/2018 SPLOST 2014 CAPITAL PROJECT FUND 322 FISCAL YEAR 2019 Department Account Description Account Number Current Budget Revenue Collected Budget Balance Increase Decrease Budget Balance Amended Budget SPLOST 2014 Revenue 322.00.33.7114 5 740,000.00 - 740,000.00 50,000.00 0.00 790,000.00 790,000.00 Prior Year Fund Balance 322.00.39.3000 550,000.00 0.00 550,000.00 75.29 0.00 550,075.29 550,075.29 Inrerest Income 322.00.36.1000 500 - 500.00 - 500.00 500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 TOTAL HOTEL-MOTEL EXCISE TAX FUND REVENUE BUDGET INCREASES:50,075.29 0.00 1,340,575.29 Current Budget:1,290,500.00 Budget Amendment Amount 50,075.29 Amended Budget:1,340,575.29 Department Account Description Account Number Current Budget Expenditures Budget Balance Increase Decrease Budget Balance Amended Budget Police Dept Vehciles 322.3210.54.2200 120,000.00 0.00 120,000.00 0.00 0.00 120,000.00 120,000.00 4 Vehicles Police Dept Machinery & Equipment 322.3210.54.2100 - - 0.00 39,000.00 39,000.00 39,000.00 Body Cameras Fire Dept.Machinery & Equipment 322.3510.54.2100 15,000.00 0.00 15,000.00 0.00 15,000.00 15,000.00 Club Car Fire Dept.Vehciles 322.3510.54.2200 268,000.00 0.00 268,000.00 0.00 0.00 268,000.00 268,000.00 Mobile Command Unit Public Work Admin Infrastructure 322.4210.54.1410 143,308.00 - 143,308.00 0 (69,308.00)74,000.00 74,000.00 Old Highyway 80 Stormwater Drainage Drainage Improvements 322.4250.54.2102 178,000.00 178,000.00 0.00 0.00 178,000.00 178,000.00 Not identified Drainage Projects Marsh Hen Trail TE Match 322.4970.54.2510 13,596.00 13,596.00 0.00 (1,176.00)12,420.00 12,420.00 March Hen Trail Match Cultural & Recreation - Parks Buildings 322.6210.54.2400 0.00 0.00 - 0.00 Cultural & Recreation - Parks Site Improvements 322.6210.54.1100 0.00 0.00 460,000.00 460,000.00 460,000.00 Jaycee Park New Building & Site Improvements Beach Related Beach Crossovers 322.6125.54.2105 140,270.00 140,270.00 140,270.00 140,270.00 Beach Crossovers Beach Related Site Improvements 322.6125.54.1100 0.00 0.00 0.00 Parks Admin Site Improvements 322.6210.54.1100 26,113.00 26,113.00 26,113.00 26,113.00 Tybee Arts Association Parks Admin Machinery & Equipment 322.6210.54.2100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Other Financing Uses Contingency 322.9000.57.9001 386,213.00 386,213.00 559.29 (379,000.00)7,772.29 7,772.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,290,500.00 1,290,500.00 TOTAL HOTEL-MOTEL EXCISE TAX FUND EXPENDITURE BUDGET INCREASES:499,559.29 (449,484.00)1,340,575.29 1,340,575.29 REQUEST BY: Current Budget:1,290,500.00 Budget Amendment Amount 50,075.29 Amended Budget:1,340,575.29 Does is it require City Council Approval? Yes City Council Meeting Date Approved : Reviewed and Posted by Finance: Signature Date EXPENDITURE LINE ITEMS ATTACHEMENT A BUDGET AMENDMENT FORM REVENUE LINE ITEMS 20181011CityCouncilPacketPage 109 of 16420181005/jrl City Council Agenda Item Request Council Meeting Date for Request: October 11, 2018 Item: To request that the City Council approve a budget amendment to decrease the SPLOST 2003 Capital Project Fund 321’s fiscal year 2019 budget by ($14,175.37) decreasing the budget from $435,274 to $421,098.63. Explanation: The purpose of this agenda item is to request that the City Council approve a budget amendment to decrease the SPLOST 2003 Capital Project Fund 321’s from $435,274 to $421,098.63 in order to balance the budget to the actual budget amount available based on the carry-forward unexpended amounts from fiscal year 2018’s budget year. Expenditure Budget 1. Marine Science Center - $420,824.63 a. Building 321.6172.57.2001 – to construction a new marine science center. Budget decreased by ($14,175.37) from $435,000 to $420,824.63. Revenue Budget 1. Prior Year Fund Balance - $435,000 a. 321.00.39.1300 decreased budget by ($14,175.37) from $435,000 to $420,824.63; Budget Line Item Number (if applicable): See Detailed Budget Amendment included as Attachment A Paper Work: ____X_ Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org Comments: ________________________________________________________________________________ October 5, 2018 Date given to Clerk of Council 20181011CityCouncilPacket Page 110 of 164 20181005/jrl 10/11/2018 SPLOST 2003 CAPITAL PROJECT FUND 321 FISCAL YEAR 2019 Department Account Description Account Number Current Budget Revenue Collected Budget Balance Increase Decrease Budget Balance Amended Budget 5 0.00 - 0.00 0.00 0.00 0.00 0.00 Prior Year Fund Balance 321.00.391300 435,000.00 0.00 435,000.00 - (14,175.37)420,824.63 420,824.63 Inrerest Income 321.00.36.1000 274 (53.66) 220.34 - 220.34 274.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 TOTAL HOTEL-MOTEL EXCISE TAX FUND REVENUE BUDGET INCREASES:0.00 (14,175.37)421,098.63 Current Budget:435,274.00 Budget Amendment Amount (14,175.37) Amended Budget:421,098.63 Department Account Description Account Number Current Budget Expenditures Budget Balance Increase Decrease Budget Balance Amended Budget Marine Science Center 321.6172.57.2001 435,000.00 (6,968.21)428,031.79 0.00 (14,175.37)413,856.42 420,824.63 Contingency 321.9000.61.1000 274.00 - 274.00 0.00 274.00 274.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0 0.00 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL HOTEL-MOTEL EXCISE TAX FUND EXPENDITURE BUDGET INCREASES:0.00 (14,175.37)421,098.63 REQUEST BY: Current Budget:435,274.00 Budget Amendment Amount (14,175.37) Amended Budget:421,098.63 Does is it require City Council Approval? Yes City Council Meeting Date Approved : Reviewed and Posted by Finance: Signature Date EXPENDITURE LINE ITEMS ATTACHEMENT A BUDGET AMENDMENT FORM REVENUE LINE ITEMS 20181011CityCouncilPacketPage 111 of 16420181005/jrl Page 1 of 2 S13 10-21-2016 State and Local Government Addendum Reference: Application No. _______________ This State and Local Government Addendum (this “Addendum”) is made part of the Agreement related to the above referenced application number (“Agreement”) between LEAF Capital Funding, LLC (“we” “us” and “ours”) and ______________________ (“you” and “your”). Capitalized terms used but not defined will have the meaning given to them in the Agreement. If there is any conflict between the terms of this Addendum and the terms of the Agreement, the terms of this Addendum will control and prevail. The parties hereby agree as follows: 1. Funding Intent. You reasonably believe that funds can be obtained sufficient to make all Payments set forth in the Agreement and any other amounts owed during the term of the Agreement. You agree that your chief executive or administrative officer (or your administrative office that has the responsibility of preparing the budget submitted to your governing body, as applicable) will provide for funding for such payments in your annual budget request submitted to your governing body. You covenant that you will do all things lawfully within your power to obtain, maintain and properly request and pursue funds from which the Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using your best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. If your governing body chooses not to appropriate funds for such payments, you agree that your governing body will evidence such nonappropriation by omitting funds for such payments due during the applicable fiscal period from the budget that it adopts. You and we agree that your obligation to make payments under the Agreement will be your current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing contained in the Agreement will be interpreted as a pledge of your general tax revenues, funds or moneys. 2. Nonappropriation of Funds. If (a) sufficient funds are not appropriated and budgeted by your governing body in any fiscal period for Payments set forth in the Agreement or any other amounts owed to us and (b) you have exhausted all funds legally available for such payments due under the Agreement (together, a “Non-Appropriation Event”), then you will give us not less than ninety (90) days written notice (a “Termination Notice”) and the Agreement will terminate as of the last day of your fiscal period for which funds for such payments are available (“Termination Date”). Such termination is without any expense or penalty, except for the portions of such payments and those expenses associated with your return of the Equipment in accordance with the Agreement for which funds have been budgeted or appropriated or are otherwise legally available. You agree that, to the extent permitted by law, you will not terminate the Agreement if any funds are appropriated by you or to you for the acquisition or use of equipment or services performing functions similar to the Equipment during your fiscal period in which such termination would occur. You shall (i) on or before the Termination Date, return the Equipment in accordance with the return requirements set forth in the Agreement, (ii) provide in the Termination Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (iii) deliver to us, upon our request, an opinion of your counsel (addressed to us) verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and (iv) pay us all sums payable to us under the Agreement up to and including the Termination Date. You acknowledge and agree that, in the event of the termination of the Agreement and the return of the Equipment as provided for herein, you shall have no interest whatsoever in the Equipment or proceeds thereof and we shall be entitled to retain for our own account the proceeds resulting from any disposition or re-leasing of the Equipment along with any advance rentals, security deposits or other sums previously paid by you pursuant to the terms of the Agreement. 3. Authority and Authorization. You represent and agree that: (a) you are a state or a political subdivision or agency of a state; (b) the entering into and performance of the Agreement is authorized under 20181011CityCouncilPacket Page 112 of 164 20181005/jrl Page 2 of 2 S13 10-21-2016 your state laws and Constitution and does not violate or contradict any judgment, law, order, or regulation, or cause any default under any agreement to which you are party; (c) you have complied with all bidding requirements and, where necessary, have properly presented the Agreement for approval and adoption as a valid obligation on your part; and (d) you have sufficient appropriated funds or other moneys available to pay all amounts due under the Agreement for your current fiscal period. Upon our request, you agree to provide us with an opinion of counsel as to clauses (a) through (d) above, an incumbency certificate, and other documents that we request, with all such documents being in a form satisfactory to us. 4. Government Use. You agree that (a) you will comply with all information reporting requirements of the Internal Revenue Code of 1986, as amended, including but not limited to the execution and delivery to us of information statements requested by us, and (b) the use of the Equipment is essential for your proper, efficient and economic operation, you will be the only entity to use the Equipment during the term of the Agreement and you will use the Equipment only for your governmental purposes. Upon our request you will provide us with an essential use letter in a form satisfactory to us as to clause (b) above. 5. Insurance. You agree to provide and maintain at your own expense (a) property insurance against the loss, theft, destruction of, or damage to, the Equipment for its full replacement value, naming us as loss payee, and (b) public liability and third party property insurance, naming us as an additional insured. You will give us certificates or other evidence of such insurance on the Equipment at such times as we request. All insurance obtained from a third party insurer will be in a form, amount and with companies acceptable to us, and will provide that we will be given 30 days' advance notice of any cancellation or material change of such insurance. If you do not provide us with proof of such insurance, we may secure insurance on the Equipment to cover our interests (and only our interests). If we obtain such insurance, you will pay us an additional amount for the cost of such insurance and an administrative fee, the cost of which may be more than the cost to obtain your own insurance and on which we may make a profit. 6. Indemnification. With respect to any claims, actions, or suits that are made against us as a result of your actions, omissions, negligence or willful misconduct (“Claims”), to the extent permitted by law, you agree to reimburse us for, and if we request, defend us against, any such Claims. 7. Choice of Law. Regardless of any conflicting provision in the Agreement, THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU ARE LOCATED. 8. This Addendum supplements and amends the Agreement only to the extent and in the manner set forth, and in all other respects, the Agreement will remain in full force and effect. IN WITNESS WHEREOF the parties hereto, by their authorized signatories, have executed this Addendum at the date set forth below their respective signatures. CUSTOMER: LEAF CAPITAL FUNDING, LLC By:____________________________________ Print Name:_____________________________ Title:___________________________________ Date:__________________________________ By:________________________________________ Print Name:_________________________________ Title:_______________________________________ Date:_______________________________________ 20181011CityCouncilPacket Page 113 of 164 20181005/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: October 11, 2018 Item: Acceptance of RFP Bid for South End Showers and Shallow Wells______________________________ Explanation: ___ .________ __________________________________________________________________________________________ Budget Line Item Number (if applicable): Paper Work: Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by: Shawn Gillen Phone / Email: 912 472-5070 / sgillen@cityoftybee.org Comments: ________________________________________________________________________________ __________________________________________________________________________________________ Date given to Clerk of Council October 4, 2018 20181011CityCouncilPacket Page 114 of 164 20181005/jrl INVITATION TO BID ITB NO. 2018-714 PUBLIC SHOWERS/SHALLOW WELL SYSTEM DUE: THURSDAY, AUGUST 23, 2018 by 10:00am CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM JACKSON BUTLER WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN MONTY PARKS DOCUMENT CHECK LIST The following documents are contained in and made a part of this bid package or are required to be submitted with the bid. It is the responsibility of the bidder to read, complete and sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION GENERAL INFORMATION AND INSTRUCTIONS WITH ATTACHMENTS SPECIAL CONDITIONS SURETY REQUIREMENTS SPECIFICATIONS ATTACHMENTS: A. CONTRACTOR AFF.; B. SUBCONTRACTOR AFF.; C. SAVE AFF.; D. W-9/VENDOR INFORMATION; E. BID SHEET; F. CHECKLIST; G. (SEPARATE) EXHIBIT AND CONCEPT Date: 8-1-18 BID NO. 2018-714 GENERAL INFORMATION FOR INVITATION TO BID This is an Invitation to Bid to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with services as indicated herein. Sealed Bids are due by 10:00am local time, on Thursday, August 23, 2018, at which time they will be opened and tabulated. All bidders are invited to attend. The City of Tybee Island reserves the right to reject any or all bids. SERVICES TO BE PROVIDED Construction and installation of 2 outdoor public shower units to include shallow well system and electrical components. 20181011CityCouncilPacket Page 115 of 164 20181005/jrl 2 The City is seeking a total bid package for service/materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this invitation to bid All responses, inquiries, or correspondence relating to, or in reference to, this request for bids, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders shall become the property of the City when received. The City retains the right to use any or all ideas presented in any bid to the invitation to bid, whether amended or not. Selection or rejection of the bid does not affect this right. Mail bid to: BID NUMBER 2018-714 PUBLIC SHOWERS MELISSA FREEMAN 403 BUTLER AVE/ PO BOX 2749 TYBEE ISLAND, GA. 31328 Inquiries or other need for clarification in this document should be submitted no later than August 15, 2018 All questions in writing to: Melissa Freeman mfreeman@cityoftybee.org METHOD OF AWARD: Contracts shall be awarded to the lowest, responsive and responsible bidder. Bidders must respond completely by filling in all applicable blanks. Bids are subject to the terms and conditions of this invitation to bid. Signature of bidder indicates that bidder understands and will comply with attached terms and conditions and all other specifications made a part of this invitation for bid and any subsequent award or contract. All terms, conditions and representations made in this invitation will become an integral part of the contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids. WAIVER: The City of Tybee Island reserves the right to reject any or all bids received. The City reserves the right to waive any variances from original bid specifications in cases where the variances are considered to be in the best interest of the City. CONE OF SILENCE: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Invitation to Bid (ITB) or Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions may cause your bid to be rejected. Specifications and Bid Requirements SPECIFICATIONS: 20181011CityCouncilPacket Page 116 of 164 20181005/jrl 3 Shallow Well System and Rough-in includes (2x): 2" well, pump (1 hp Scala 2VFD or equal) - 12 gpm @ 45 psi, 25 gal bladder tank, water softener and filters (CSI or equal), UV system (CSI 25 gpm UV Max F4, or equal), piping, concrete pad, equipment shed, water meter, labor, and appurtenances. Showers includes (2x): shower units (ParknPool model 35SH-69700SS or equal), grated plastic shower pad (Depatech model GR.4T/35 or equal), grated pad frame and foundation, piping back to shallow well equipment pad, shower signs, labor and appurtenances. Electrical and Rough-in includes (2x): New electrical service w/ separate meter, 230v/20amp service with disconnect for pump, 120v/15amp outlets for softener and UV light, labor and appurtenances. Estimate to include materials, labor and removal of all waste and damaged items. BID REQUIREMENTS: An original, 1 duplicate, and 1 electronic copy (USB flash drive) must be submitted in a sealed opaque envelope, plainly marked with the bid number and title, date and time of bid opening, and company name to the office of the above address prior to the time specified. Include the bid sheet, and all required attachments, which can be found at the end of this document. City/County Occupation Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, contractors are required to obtain an occupation tax certificate from the City of Tybee Island for a fee of $20, if contractor’s office is not located on Tybee Island. Please contact Sharon Shaver for additional information at 912-472-5072 or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga Limitations A. This Invitation does not commit the City to the award of a contract or to pay any costs incurred in the preparation for a response to this ITB. B. The City may or may not require the prospective bidder to participate in negotiations and to submit additional technical information or other revisions to their bid as may result from the negotiations. C. The City reserves the right to reject any or all bids, to waive informalities, to request additional information, and to award a contract deemed most advantageous for the City. City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) “Purchase Order” or “Order” means this purchase order. 20181011CityCouncilPacket Page 117 of 164 20181005/jrl 4 (b) “Buyer” means The City of Tybee Island. (c) “Seller” or “Vendor” means the party furnishing the supplies under this order. (d) “Supplies” means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable items, items, data and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a part of this order. (e) “Loss” means any or all the following: claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and expenses and other legal costs). ACCEPTANCE. This order constitutes an offer which shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller in the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer’s act of accepting or paying for any shipment, or similar act by Buyer. PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order. DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer’s delivery schedule. It is Seller’s responsibility to comply with this schedule, but not to anticipate Buyer’s requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller’s failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer’s option be rejected and returned to Seller at Seller’s expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on Supplies shall be f.o.b. destination, at Seller’s sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller’s responsibility until goods have been delivered to Buyer’s designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may, in addition to any other rights that Buyer may have under this order, require delivery by 20181011CityCouncilPacket Page 118 of 164 20181005/jrl 5 fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance, response time, etc.), shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This warranty shall survive inspection, delivery and payments shall run to Buyer, its successors, assigns and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent, harmless from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller’s expense, or (2) reject and return such supplies or other deliverable items at Seller’s expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing. TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor. ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order, including completed or substantially completed items or major components thereof, without Buyer’s written consent. Nothing in this order shall be seen as prohibiting Seller’s purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid 20181011CityCouncilPacket Page 119 of 164 20181005/jrl 6 incurring any additional costs under this order. Buyer’s sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller’s reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order; (3) any Loss caused by or resulting from the supplies purchased under this order, (4) any intended use of products or materials provided by Seller; (5) any defective products or materials provided by Seller, including without limitation the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all materials recognized by the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller’s work hereunder involves operations by Seller’s agents, subcontractors, suppliers or employees on Buyer’s premises or any place where Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or damage to persons or property during the progress of such work. Further, Seller shall indemnify, defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller’s agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee’s liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. MODIFICATION, WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under this order shall not constitute a waiver of such rights or any other rights. ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law. DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans and specifications and bid documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all 20181011CityCouncilPacket Page 120 of 164 20181005/jrl 7 actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION. Notwithstanding, any other provision hereof , this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the city in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Agent. The protest shall be made to the purchasing office having responsibility for initiating the solicitation. The protest must be submitted in writing within 7 calendar days after knowledge of the facts and occurrences giving rise to the protest. The protest shall: include the name and address of the protestant; include the solicitation number, contain a statement of the grounds for protest; and specify the ruling requested from the purchasing office. Awards will be held at bay until the protests are resolved. PAYMENT The bidder shall specify terms of payment. The City of Tybee Island’s preferred method of payment is by purchasing credit card. INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming the City of Tybee Island as also insured, a 30 day cancellation notice, indicating the following minimum coverage: Comprehensive General Liability $1,000,000.00 Automobile Public Liability $1,000,000.00 Workman’s Compensation Insurance equal to the statutory requirements. TAXES The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will be provided with the invoice at the time of payment, if requested. DELIVERY: F.O.B. DESTINATION 403 Butler Ave, Tybee Island, Georgia 31328 unless otherwise stated. TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of violations by the successful bidder of any term or condition of the contract by giving thirty (30) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiency. 20181011CityCouncilPacket Page 121 of 164 20181005/jrl 8 CITY OF TYBEE CHATHAM COUNTY, GEORGIA The Bidder certifies that he/she has examined all documents contained in this Bid package, and understands fully all that is required of the successful Bidder. The Bidder further certifies that his/her Bid shall not be withdrawn for sixty (60) days from the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Bid, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this document; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary t o provide the service and/or accomplish the work as stated and/or specified in this document for the bid amount, and; COMPANY DATE SIGNATURE TITLE TELEPHONE NUMBER 20181011CityCouncilPacket Page 122 of 164 20181005/jrl 9 ATTACHMENT A CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or an y subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__. _________________________________ NOTARY PUBLIC My Commission Expires: 20181011CityCouncilPacket Page 123 of 164 20181005/jrl 10 ATTACHMENT B SUBCONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with______________________ (name of contractor) on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five (5) business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer 20181011CityCouncilPacket Page 124 of 164 20181005/jrl ATTACHMENT C O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). _________________________________ Signature of Applicant _________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: 20181011CityCouncilPacket Page 125 of 164 20181005/jrl 12 Page 12 of 14 ATTACHMENT D What products/services do you provide to the City of Tybee Island: _________________________________________________________________ Contact:______________________ Email:_______________________ Phone#______________________________ Fax#________________________________ Location: ________________________________________________________ To whom shall we direct Payment? A/R Contact: _______________________ Email:_________________________________ Phone#_____________________________ Fax#________________________________ Remittance Address:________________________________________________________ Our terms are Net 30. 20181011CityCouncilPacket Page 126 of 164 20181005/jrl 13 Page 13 of 14 ATTACHMENT E BID SHEET PUBLIC SHOWERS/SHALLOW WELL Date: August 1, 2018 BID # 2018-714 BID AMOUNT: _______________ __________________________ (Firm) __________________________ (Signature) __________________________ (Title) * THIS DOCUMENT SHOULD BE ENCLOSED IN AN OPAQUE ENVELOPE. 20181011CityCouncilPacket Page 127 of 164 20181005/jrl 14 Page 14 of 14 ATTACHMENT F CHECKLIST FOR SUBMITTING BID Sign below and submit this sheet with BID NOTE: All of the following items must be submitted with your BID to be considered “responsive”. Remember to follow the Instructions in the BID Documents. 1. INSTRUCTIONS TO PROPOSERS SIGNATURE SHEET 2. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued). 3. BID SHEETS COMPLETELY FILLED OUT AND SIGNED. 5. COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID (Attachments A-F). __________________________________________ NAME/TILE __________________________________________ COMPANY NAME __________________________________________ ADDRESS __________________________________________ CITY/STATE/ZIP __________________________________________ PHONE NUMBER __________________________________________ EMAIL 20181011CityCouncilPacket Page 128 of 164 20181005/jrl 20181011CityCouncilPacket Page 129 of 164 20181005/jrl 20181011CityCouncilPacket Page 130 of 164 20181005/jrl 20181011CityCouncilPacket Page 131 of 164 20181005/jrl 20181011CityCouncilPacket Page 132 of 164 20181005/jrl 20181011CityCouncilPacket Page 133 of 164 20181005/jrl 20181011CityCouncilPacket Page 134 of 164 20181005/jrl 20181011CityCouncilPacket Page 135 of 164 20181005/jrl 20181011CityCouncilPacket Page 136 of 164 20181005/jrl 20181011CityCouncilPacket Page 137 of 164 20181005/jrl 20181011CityCouncilPacket Page 138 of 164 20181005/jrl 20181011CityCouncilPacket Page 139 of 164 20181005/jrl 20181011CityCouncilPacket Page 140 of 164 20181005/jrl 20181011CityCouncilPacket Page 141 of 164 20181005/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Jackson Butler Julie Livingston John Branigin Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 10-11-18 Item: Accept bid for Sewer Inspection Cameras Explanation: Four bids were received and USA Blue Book is the recommended vendor. Budget Line Item Number: Paper Work: XXX Attached* ______ Audio/Video Presentation** * Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Stan Bearden, Water and Sewer Department Phone / Email: sbearden@cityoftybee.org Comments: ________________________________________________________________________________ __________________________________________________________________________________________ Date given to Clerk of Council 20181011CityCouncilPacket Page 142 of 164 20181005/jrl INVITATION TO BID ITB NO. 2018-715 SEWER INSPECTION CAMERA DUE: THURSDAY, SEPTEMBER 6, 2018 by 10:00am CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM JACKSON BUTLER WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN MONTY PARKS DOCUMENT CHECK LIST The following documents are contained in and made a part of this bid package or are required to be submitted with the bid. It is the responsibility of the bidder to read, complete and sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION GENERAL INFORMATION AND INSTRUCTIONS WITH ATTACHMENTS SPECIAL CONDITIONS SURETY REQUIREMENTS SPECIFICATIONS ATTACHMENTS: A. SAVE AFFIDAVIT; B. W-9/VENDOR INFORMATION; C. BID SHEET; D. CHECKLIST Date: 8-22-18 BID NO. 2018-715 GENERAL INFORMATION FOR INVITATION TO BID This is an Invitation to Bid to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with services or equipment as indicated herein. Sealed Bids must be received by 10:00am local time, on Thursday, September 6, 2018. The City of Tybee Island reserves the right to reject any or all bids. SPECIFICATIONS AND BID REQUIREMENTS The City is seeking a total bid package for service/materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this invitation to bid 20181011CityCouncilPacket Page 143 of 164 20181005/jrl Page 2 of 12 All responses, inquiries, or correspondence relating to, or in reference to, this request for bids, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders shall become the property of the City when received. The City retains the right to use any or all ideas presented in any bid to the invitation to bid, whether amended or not. Selection or rejection of the bid does not affect this right. Mail or hand deliver bid to: BID NUMBER 2018-715 SEWER CAMERA MELISSA FREEMAN 403 BUTLER AVE PO BOX 2749 TYBEE ISLAND, GA. 31328 Inquiries or other need for clarification in this document should be submitted no later than August 31, 2018. All questions in writing to: Melissa Freeman mfreeman@cityoftybee.org METHOD OF AWARD: Contracts shall be awarded to the lowest, responsive, and responsible bidder. Bidders must respond completely by filling in all applicable blanks. Bids are subject to the terms and conditions of this invitation to bid. Signature of bidder indicates that bidder understands and will comply with attached terms and conditions and all other specifications made a part of this invitation for bid and any subsequent award or contract. All terms, conditions and representations made in this invitation will become an integral part of the contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids. WAIVER: The City of Tybee Island reserves the right to reject any or all bids received. The City reserves the right to waive any variances from original bid specifications in cases where the variances are considered to be in the best interest of the City. CONE OF SILENCE: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Invitation to Bid (ITB) or Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions may cause your bid to be rejected. Specifications and Bid Requirements The City of Tybee Island is seeking a sewer inspection camera with the following specifications:  Pan, tilt, and zoom crawler camera  On screen footage counter  Able to be used on 6 inch through 12 inch pipes  Windows operating system  Motorized forward and rewind cable – minimum 1,000 feet of cable  Trailer mount capability 20181011CityCouncilPacket Page 144 of 164 20181005/jrl Page 3 of 12  Powered by 110 volt generator  Minimum 10 inch display screen  Able to record to CD or SD card  One year warranty for parts and labor Submission Requirements: One original, one duplicate, and one electronic copy (USB flash drive) must be submitted in a sealed opaque envelope, plainly marked with the bid number and title, date and time of bid opening, and company name to the office of the above address prior to the time specified. Include the bid sheet, and all required attachments, which can be found at the end of this document. Limitations A. This Invitation does not commit the City to the award of a contract or to pay any costs incurred in the preparation for a response to this ITB. B. The City may or may not require the prospective bidder to participate in negotiations and to submit additional technical information or other revisions to their bid as may result from the negotiations. C. The City reserves the right to reject any or all bids, to waive informalities, to request additional information, and to award a contract deemed most advantageous for the City. City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) “Purchase Order” or “Order” means this purchase order. (b) “Buyer” means The City of Tybee Island. (c) “Seller” or “Vendor” means the party furnishing the supplies under this order. (d) “Supplies” means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable items, items, data and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a part of this order. (e) “Loss” means any or all the following: claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and expenses and other legal costs). ACCEPTANCE. This order constitutes an offer which shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller in the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller 20181011CityCouncilPacket Page 145 of 164 20181005/jrl Page 4 of 12 and notwithstanding Buyer’s act of accepting or paying for any shipment, or similar act by Buyer. PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order. DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer’s delivery schedule. It is Seller’s responsibility to comply with this schedule, but not to anticipate Buyer’s requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller’s failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer’s option be rejected and returned to Seller at Seller’s expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on Supplies shall be f.o.b. destination, at Seller’s sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller’s responsibility until goods have been delivered to Buyer’s designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may, in addition to any other rights that Buyer may have under this order, require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance, response time, etc.), shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This warranty shall survive inspection, delivery and payments shall run to Buyer, its successors, assigns and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent, harmless from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller’s expense, or (2) reject and return such supplies or other deliverable items at Seller’s expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. 20181011CityCouncilPacket Page 146 of 164 20181005/jrl Page 5 of 12 CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing. TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor. ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order, including completed or substantially completed items or major components thereof, without Buyer’s written consent. Nothing in this order shall be seen as prohibiting Seller’s purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid incurring any additional costs under this order. Buyer’s sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller’s reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order; (3) any Loss caused by or resulting from the supplies purchased under this order, (4) any intended use of products or materials provided by Seller; (5) any defective products or materials provided by Seller, including without limitation the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all materials recognized by the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller’s work hereunder involves operations by Seller’s agents, subcontractors, suppliers or employees on Buyer’s premises or any place where Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or damage to persons or property during the progress of such work. Further, Seller shall indemnify, defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller’s agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee’s liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. 20181011CityCouncilPacket Page 147 of 164 20181005/jrl Page 6 of 12 MODIFICATION, WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under this order shall not constitute a waiver of such rights or any other rights. ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law. DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans and specifications and bid documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION. Notwithstanding, any other provision hereof , this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the city in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Agent. The protest shall be made to the purchasing office having responsibility for initiating the solicitation. The protest must be submitted in writing within 7 calendar days after knowledge of the facts and occurrences giving rise to the protest. The protest shall: include the name and address of the protestant; include the solicitation number, contain a statement of the grounds for protest; and specify the ruling requested from the purchasing office. Awards will be held at bay until the protests are resolved. PAYMENT The bidder shall specify terms of payment. DELIVERY: F.O.B. DESTINATION Tybee Island Water/Sewer Department, 923 Bay St, Tybee Island, GA 31328 TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of violations by the successful bidder of any term or condition of the contract by giving thirty (30) days written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiency. 20181011CityCouncilPacket Page 148 of 164 20181005/jrl Page 7 of 12 20181011CityCouncilPacket Page 149 of 164 20181005/jrl Page 8 of 12 CITY OF TYBEE CHATHAM COUNTY, GEORGIA The Bidder certifies that he/she has examined all documents contained in this Bid package, and understands fully all that is required of the successful Bidder. The Bidder further certifies that his/her Bid shall not be withdrawn for sixty (60) days from the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Bid, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this document; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this document for the bid amount, and; COMPANY DATE SIGNATURE TITLE TELEPHONE NUMBER 20181011CityCouncilPacket Page 150 of 164 20181005/jrl Page 9 of 12 ATTACHMENT A O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). _________________________________ Signature of Applicant _________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: 20181011CityCouncilPacket Page 151 of 164 20181005/jrl Page 10 of 12 ATTACHMENT B What products/services do you provide to the City of Tybee Island: _________________________________________________________________ Contact:______________________ Email:_______________________ Phone#______________________________ Fax#________________________________ Location: ________________________________________________________ To whom shall we direct Payment? A/R Contact: _______________________ Email:_________________________________ Phone#_____________________________ Fax#________________________________ Remittance Address:________________________________________________________ Our terms are Net 30. 20181011CityCouncilPacket Page 152 of 164 20181005/jrl Page 11 of 12 ATTACHMENT C BID SHEET SEWER INSPECTION CAMERA Date: August 23, 2018 BID # 2018-715 BID AMOUNT: _______________ __________________________ (Firm) __________________________ (Signature) __________________________ (Title) * THIS DOCUMENT SHOULD BE ENCLOSED IN AN OPAQUE ENVELOPE. 20181011CityCouncilPacket Page 153 of 164 20181005/jrl Page 12 of 12 ATTACHMENT D CHECKLIST FOR SUBMITTING BID Sign below and submit this sheet with BID NOTE: All of the following items must be submitted with your BID to be considered “responsive”. Remember to follow the Instructions in the BID Documents. 1. INSTRUCTIONS TO PROPOSERS SIGNATURE SHEET 2. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued). 3. BID SHEETS COMPLETELY FILLED OUT AND SIGNED. 5. COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID (Attachments A-F). __________________________________________ NAME/TILE __________________________________________ COMPANY NAME __________________________________________ ADDRESS __________________________________________ CITY/STATE/ZIP __________________________________________ PHONE NUMBER __________________________________________ EMAIL 20181011CityCouncilPacket Page 154 of 164 20181005/jrl 20181011CityCouncilPacket Page 155 of 164 20181005/jrl ORDINANCE NO. 17-2018 AN ORDINANCE TO AMEND CHAPTER 66, ARTICLE 1, OF THE CODE OF THE CITY OF TYBEE ISLAND SO AS TO PROHIBIT SHARED MOBILITY DEVICES FROM BEING PLACED IN ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN ANY PUBLIC-RIGHT-OF-WAY, OR OFFERED FOR USE ANYWHERE IN THE CITY; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the Mayor and Council finds that dockless electric scooters and bicycles, available to be rented on demand from unstaffed locations, have suddenly and unexpectedly appeared in cities throughout the country, and have rapidly proliferated in an unregulated environment. Frequently, they are abandoned by users on streets, sidewalks and other public places creating safety concerns, especially for vulnerable pedestrians. Due to the spontaneous appearance of these rentals and their appeal to young people, shared mobility devices are nearly always operated by users—often minors—without helmets, in contravention of state law. For the immediate preservation of the public peace, health, and safety, the City Council has initiated urgency legislation to proactively address the hazards posed by shared mobility devices placed in and operated on public property. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, that Chapter 66, Article 1, be amended so as to read as indicated below. SECTION 1 The Code of the City of Tybee Island, Georgia, Section Chapter 66, Article 1, be amended so as to include the following provisions: 20181011CityCouncilPacket Page 156 of 164 20181005/jrl Sec. 66-11. Shared Mobility Devices/Dockless Scooters/Vehicles. (a) Purpose. The purpose of this ordinance is to prohibit Shared Mobility Devices from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in the City, so as to allow for adequate pedestrian traffic flow and to promote public safety. (b) Definition. For purposes of this ordinance, “shared mobility device” means any wheeled device, other than an automobile, motorcycle, electric personal assistive mobility device, electric assisted bicycle, electric personal transportation vehicles, moped, golf cart, or personal transportation vehicle as those devices are defined by state law, that is powered by a motor; is accessed via an on-demand portal, whether a smartphone application, membership card, or similar method; is operated by a private entity that owns, manages, and maintains devices for shared use by members of the public; and is available to members of the public in unstaffed, self-service locations. (c) General Requirements. It is unlawful to park, leave standing, leave lying, abandon, or otherwise place a shared mobility device in a public right-of-way or on public property anywhere within the City. It is unlawful to operate a shared mobility device in a public right-of-way or on public property anywhere within the City. It is unlawful to provide or offer for use a shared mobility device anywhere within the City. (d) Violations/Impoundment. Violations of this ordinance shall be punishable as provided for in Sec. 1-8 of this Code. Police officers, parking enforcement officers, deputy city marshals, those city officials otherwise designated by the City Manager, and any party contracted by the City to specifically impound shared mobility devices are authorized to impound any shared mobility device that has been offered for use, placed in a public right-of-way or on public property, or operated in a public right-of-way or on public property in violation of this ordinance. The impoundment shall be subject to an impound and storage fee as established by the City Council and on file with the Clerk of Council and the office of the City Marshall. (e) If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this ordinance shall be and remain in full force and effect. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. 20181011CityCouncilPacket Page 157 of 164 20181005/jrl SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2018. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 17-2018 – Sec 66-11 - dockless scooters, etc. 20181011CityCouncilPacket Page 158 of 164 20181005/jrl RESOLUTION BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND: WHEREAS, the City of Tybee Island is an authorized municipality organized and existing under the laws of the State of Georgia; and WHEREAS, as a qualified municipality, the City of Tybee Island is entitled to provide certain services and is required to comply with certain obligations; and WHEREAS, as part of the accounting and budgeting process, the City of Tybee Island is to comply with Governmental Accounting Standards, Board Requirements and Statements; and WHEREAS, the City of Tybee Island is to maintain its accounts in an appropriate manner so as to comply with auditing requirements and accounting standards and may designate certain funds as enterprise funds or other funds with different status including general funds, special revenue funds, capital project funds, debt service funds, permanent funds, etc.; and WHEREAS, the City of Tybee Island wishes to clarify certain funds and to establish the authority for the transfer to and from certain funds as may be necessary and appropriate and to restrict transfers from certain funds. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting duly assembled, as follows: 1. To provide for the raising of revenues and appropriations of funds to support the City of Tybee Island, Georgia for fiscal year beginning July 1, 2018 and ending June 30, 2019 in order to provide for the operations of government departments; elected officials, other governmental activities; and to provide for the level of personnel authorized for the various departments the City of Tybee Island hereby amends and adopts the Fiscal Year 2018-2019 Revenue and Expenditure Operating and Capital Budget for the following funds: General Fund-100 $12,866,400.00 SPLOST 2003 Capital Project Fund 321 $ 421,098.63 SPLOST 2014 Capital Project Fund 322 $ 1,340,575.29 Grant Capital Project Fund 340 $ 5,000,000.00 2. Tybee Island has previously designated certain funds for debt service to be specifically reserved to account for and are restricted to, committed or assigned funds for the expenditure for principle and interest obligations. 20181011CityCouncilPacket Page 159 of 164 20181005/jrl 3. There is an established special revenue fund used to account and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects. 4. Capital project funds currently assigned are to include funds set aside by the mayor and council for greenspace, beach renourishment, and capital projects on the city’s capital improvement plan as established by the mayor and council. 5. Tybee Island receives Special Purpose Local Option Sales Tax Funds, which are to be separately maintained and segregated and only used for the expenditures for capital improvement projects authorized by county-wide referendum, intergovernmental agreement, and the agreed capital improvement plan of the City. 6. Tybee Island receives hotel/motel tax proceeds which are to be maintained and used as required by Georgia law and only in accordance therewith. 7. Tybee Island continuously accumulates funds for beach nourishment purposes and, further, seeks additional funding for beach nourishment projects including from federal sources, state, county and grant sources to acquire sufficient funds for such projects. All funds received from whatever source in connection with a beach nourishment project must be accounted for in a completely transparent manner and consistent with any restrictions imposed by the grantor of such funds. No transfers from any such restricted funds can be made except upon the express approval of the mayor and council. 8. There is hereby established a stabilization fund to be used to account for transfers from other funds when necessary, with all such transfers being reported to the mayor and council if made by other than the express approval of the mayor and council 9. WHEREAS, The Finance Director has presented for adoption and/or approval the matters addressed herein. IT IS SO RESOLVED, this the ____ day of ___________________, 2018. CITY OF TYBEE ISLAND, GEORGIA By: ___________________________________ Jason Buelterman, Mayor ATTEST: By: ___________________________________ Clerk of Council 20181011CityCouncilPacket Page 160 of 164 20181005/jrl Tybee/Resolutions/2018/funds 20181011CityCouncilPacket Page 161 of 164 20181005/jrl TIDA/MS BOD approved: 9/19/18 Page 1 of 3 TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MONTHLY MEETING Meeting Minutes: August 22, 2018 Vision: To improve the quality of life for those that live, work, and visit Tybee Island and enhance the cultural experience while preserving the community's barrier island heritage. The Mission of the Tybee Island Development Authority / Main Street Program is to: - facilitate efforts to revitalize, redevelop, and enhance that which improves the quality of life ; - create a sense of place and improve the quality of life for residents, business owners, and visitors using the Main Street Four Point Approach; - encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage; - support and encourage the arts as a cultural endeavor and economic engine on the Island. ATTENDANCE (Present) Director: Sarah Bernzott, Marianne Bramble, Vicki Hammons, Julie Livingston, Ted Lynch Ex-Officio Director: Tim Arnold, Angela Caldwell, Kelly Swope Program City Staff: Chantel Morton Guest: Shawn Gillen, Janice Hayden (Absent) Director: Diane Kaufman, Steve Kellam Ex-Officio Director: Melissa Memory CALL TO ORDER Ted called the meeting to order at 6pm. DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES Motion was made by Julie, which was seconded by Vicki, to approve the minutes of the Tybee Island Development Authority / Main Street Board of Directors June 20, 2018 meeting minutes. Motion carried. EX-OFFICIO STATUS UPDATE Chantel shared that Melissa and she spoke via phone the other day. Melissa is interested in changing her ex-officio status to be a representative for the National Parks Services through her work instead of being the Tybee Tourism Council liaison. This will benefit the program’s work pertaining to cultural/historic aspects. Motion was made by Marianne, which was seconded by Vicki, to approve Melissa Memory as ex- officio representative for NPS/historical aspects instead of the Tybee Tourism Council. Motion carried. GUEST DISCUSSION (OTHER BUSINESSES) City Manager, Shawn Gillen, provided an update regarding the string lights that had been hung and taken down, the schedule for power washing downtown sidewalks weekly, and confirmed the trash containers were installed per the locations provided. Shawn also discussed Councilperson Doyle’s request for the Christmas tree to permanently stay planted on the side of the 16th Street beach crossover. He requested input from directors. Discussion ensued regarding the tree obstructing the view of the ocean horizon, that the tree would be considered invasive and not natural to the area, how that would impact the excitement of having a Christmas tree, and other concerns. An inquiry was made regarding Department of Natural Resources consideration. Shawn appreciated everyone’s input and will convey that this is not a good time to move forward. 20181011CityCouncilPacket Page 162 of 164 20181005/jrl TIDA/MS BOD approved: 9/19/18 Page 2 of 3 Shawn also explained that he has been working on finding out who could repaint/recoat the city seal on the roundabout and is looking for director’s guidance about aesthetically improving the area around the roundabout where white rock and marsh grass is currently. He asked for suggestions from directors. Directors suggested ceramic or tempered titles that are colors descriptive of the island and using plants as appropriate that complement the plants that are hanging in the self-watering flower baskets on the light posts along Tybrisa. Shawn will talk with Thomas & Hutton engineering and arrange a meeting with Chantel to discuss the plants. BEST PRACTICES FOR MEETINGS AND MEMBERS AND ADDENDUM Chantel reviewed the Best Practices for Meetings and Members and the Addendum documents that directors were emailed for reviewing and signing. Sarah inquired about the attendance bullet point. Marianne inquired about the decisions by a majority vote bullet point. Discussion ensued and Chantel requested that forms be returned within the week. FAÇADE IMPROVEMENT GRANT Chantel presented a Façade Improvement Grant application from Salt Island Fish & Beer at 101 Lovell Avenue for a 50% match of $1,115 for improvements to their front door, paint and signage. She explained that since the building is 50+ years of age, the Historic Preservation Commission (HPC) has reviewed the request. The HPC has made a recommendation that the grant request for Salt Island Fish & Beer be approved by the Development Authority/Main Street Board of Directors. Ted made a motion, which was seconded by Julie, to approve the recommendation made by the HPC that the Development Authority/Main Street Board of Director approve the grant request of $1,115. Vicki noted that requests for building that are 50+ years of age should still be reviewed by the board or design committee prior to a recommendation from the HPC. The motion carried. 2018-19 WORK PLAN/COMMITTEE UPDATE Historic Preservation and Education Vicki provided the latest update regarding the text amendment for design standards in the South End Overlay District. The amendment has been reviewed by planning commission two times, has been reviewed by city council, and will return to planning commission one more time before it is brought before city council again. The core committee has been working with staff and the consultants to ensure the document is representative of Tybee’s character and thorough. Julie shared that a main obstacle is the standard that address new construction. There may be a need to take smaller steps until the big picture can be fully accepted and approved. Ecotourism and Active Lifestyle Directors discussed the bike path signage, interpretive signs for the path through Memorial Park, and public safety concerns. Image Campaign Ted confirmed that the Merchant Meetup has been moved to September 12 at 9:30am. Kelly and Ted will discuss survey ideas with Chantel and Ted will discuss with me rchants at the meeting on the 12th. Ongoing Outreach & Events Chantel confirmed that Julie was able to connect her with Spec and he confirme d he will play at Community Day from 3p – 5pm. Sarah will follow up with Polly Cooper. Chantel encouraged directors to like and share the Community Day FB posts. Sarah encouraged directors to spread the word to merchants about participating this year. Sarah and Chantel confirmed that the last Movies in the Park event was well attended and that the summer series went well. 20181011CityCouncilPacket Page 163 of 164 20181005/jrl TIDA/MS BOD approved: 9/19/18 Page 3 of 3 DEVELOPMENT AUTHORITY – FAÇADE IMPROVEMENT GRANT BUDGET Ted reviewed that Chantel and he have met with the city manager, assistant city manager, and finance director about setting up a bank account specifically for the Development Authority. This account would be for the city to transfer the $1500 donation that has been rolled over year to year and the $20000 that the city has allocated this year for the program to use for the façade improvement grant. Ted confirmed that once a memo of understanding or agreement is finalized, SunTrust Bank will open an acc ount for the city’s Development Authority. He as Chairperson and Vicki as the Vice Chair will be the two signers on the account. OTHER BUSINESS Sarah confirmed that a promotions committee meeting with Jack will be arranged to discuss his previous presentation to directors about Beach Bum Parade. This meeting will be so he can explain in detail what help he wants in order to determine what recommendation can be brought to the board for consideration. PARTNER UPDATES Janice shared that the Historical Society has finalized their strategic plan. Tim shared that the next Beach Cleanup will be September 15 in conjunction with International Ocean Conservancy Day from 9am – 11am. ADJOURN The meeting adjourned at 7:05pm. 20181011CityCouncilPacket Page 164 of 164 20181005/jrl