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
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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.”
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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?
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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?
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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?
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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
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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
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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:
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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.
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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.
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 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
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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
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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
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 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
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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)
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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.
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 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
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
MINUTES
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
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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
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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
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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:_______________________________________
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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
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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.
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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:
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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.
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(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
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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
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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
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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.
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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
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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:
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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
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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:
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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:
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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
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Tybee/Resolutions/2018/funds
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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.
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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.
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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.
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