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HomeMy Public PortalAbout20181025AmendedPacket3.pdfMAYOR CITY MANAGER Jason Buelterman Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigan Wanda Doyle CITY ATTORNEY Julie Livingston Edward M. Hughes Monty Parks Shirley Sessions CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL October 25, 2018 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Executive Session Opening Ceremonies Call to Order Invocation Pledge of Allegiance 1. Invocation - Rev. June Johnson Recognitions and Proclamations 2. Employee of the Quarter, Jaime McBroom, Finance Department Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. Minutes, October 11, 2018 Consideration of Boards, Commissions and Committee Appointments Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 4. Lisa Lepofsky, Concerned Citizens Group 5. Clay Gardner, Southern Company, Tybee Solar Project Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. Consideration of Approval of Consent Agenda Public Hearings - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Consideration of Bids, Contracts, Agreements and Expenditures 6. Agreement, William Thomas Boundary Line 7. Agreement, Harold S. White 8. Thomas & Hutton, Addendum 12, Solomon Avenue Right-of-Way Survey 9. Thomas & Hutton: Addendum 14, Dune Reconstruction-Survey & Construction Documents 10. Thomas & Hutton, Addendum 13, Estill/Storer/Telephone Avenue Right-of-Way Survey 11. Assignment of EPG Contracts 12. Crista Rader - Right-of-Way - Naylor Avenue Consideration of Ordinances, Resolutions 13. First Reading, 18-2018, Sec 14-3 Election Officials 14. First Reading, Ordinance 19-2018, Sec 14-4, Superintendent to Incur Expenses 15. First Reading, Ordinance 20-2018, Sec 14-5, Polling Places 16. First Reading, Ordinance 21-2018, Sec 14-9, Notice of Candidacy; Time periods 17. First Reading, Ordinance 22-2018, Section 14-10 Designation of Office Sought; Election of Councilmembers 18. First Reading, Ordinance 23-2018, Sec 14-18, Time of Regular Election; Succession by Incumbent 19. Resolution Requesting Local Legislation to Update the Charter of the City of Tybee Island Council, Officials and City Attorney Considerations and Comments 20. Bubba Hughes - Continuance of Administration on Class Action 21. George Shaw - Update on Hazard Mitigation Grant 22. Wanda Doyle - Public Safety Update 23. Wanda Doyle - Public Safety Committee Update 24. Wanda Doyle - Adopt-A Program Announcement 25. Barry Brown - Infrastructure Committee - Page 2 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org - Widen Jones Avenue for bike path - Stormwater modeling at Bright Street - Sewer line under house on 17th Street Terrace - Guardrail on Highway 80 for bicyclists 26. Barry Brown - Financial Issues 27. Monty Parks - Unopened Right-of-Way Miller Avenue Minutes of Boards and Committees Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment 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. *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.” - Page 3 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 3. Minutes, October 11, 2018 - Page 4 - City Council Minutes, October 11, 2018 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on October 11, 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; Angela Hudson, Director, Finance; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda:  City Council Minutes, September 27, 2018  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  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  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  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  Leaf Capital Funding, LLC, copier, Planning and Zoning. DISCUSSION: Mr. Hughes recommended council approval contingent upon approval of City Manager, Finance Director, and City Attorney  Acceptance of RFP for South-end Showers and Shallow Wells  Acceptance of RFP for Sewer Inspection Cameras. USA Blue Book is recommended vendor  Resolution, Budget Amendments  Marsh Hen Trail Agreements Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Jan LeViner, Clerk  Pledge of Allegiance Dr. Gillen approached Mayor and Council to introduce Ricky Stewart, City Engineer. This position was created by combining two positions into one, Director of Public Works and Director of Water/Sewer. Both of those individuals who had filled those positions, retired, and the City needed someone who could manage all the continuing infrastructure projects. Mr. Stewart thanked Mayor and Council. Appointment of Successor for Vacant City Council Seat. Mayor Buelterman stated the following individuals submitted their names for consideration:  Greg Fowler  Michael Hosti - Page 5 - �� Shirley Sessions Mr. Hughes recommended a motion for acceptance of the nominations as submitted; close the nominations; and proceed to vote by ballot. Wanda Doyle made a motion to accept the three nominations, Greg Fowler, Michael Hosti and Shirley Sessions to fill the council seat for Jackson Butler. John Branigin seconded. Vote was unanimous, 5-0. Mayor Buelterman asked if anyone would like to speak please come forward. There being none, he explained the voting process as the Clerk has distributed ballots for Council s voting. The Mayor will not vote unless there is a tie. The Clerk collected the ballots and read the results (attached): Julie Livingston voting in the affirmative of Shirley Sessions Monty Parks voting in the affirmative of Shirley Sessions John Branigin voting in the affirmative of Michael  Spec Hosti Wanda Doyle voting in the affirmative of Shirley Sessions Barry Brown voting in the affirmative of Shirley Sessions Jan LeViner, Clerk, announced Shirley Sessions receiving four votes in the affirmative and Michael  Spec Hosti receiving one vote in the affirmative, Shirley Sessions would fill the vacant seat on City Council. Mayor Buelterman thanked everyone for submitting his or her name for consideration. The Clerk will swear in Ms. Sessions on Friday, October 12, 2018. Anna Butler approached Mayor and Council to speak on Cruises to Nowhere, LLC, 3 Old Highway 80. Mr. Shaw stated an application was submitted to the Planning Commission, which was not a complete application. The Chairman of the Planning Commission recommended the item not to come back to the Planning Commission until a very complete application to include a full package of all requirements is presented to Staff. The owners did submit another application and is working the Georgia Department of Resources (DNR) as they need a marsh buffer delineation. This item should be on the agenda for the November Planning Commission meeting and will be on the agenda for Mayor and Council consideration on December 13, 2018. Mayor Buelterman clarified Mayor and Council are not voting on the approval or disapproval of the cruise ship as it needs to be heard by the Planning Commission. Ms. Butler read from a prepared statement point out the following issues: �� The size and scale of the casino ship in relationship to both the existing character of the Maritime District as well as the structural capacity of the existing dock and the capacity of Lazaretto Creek �� Public Safety to include increased traffic at existing dangerous intersections, boaters, dock safety and bridge safety �� Hurricane safety Ms. Butler stated there are additional concerns such as environmental concerns from the impact of the ship on the marshland along the sides of the Creek and the sea life within the Creek waters. Mayor Buelterman thanked Ms. Butler for her presentation and concerns. Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 5-0. Public Hearings Zoning Variance, Consideration of Setback Encroachments for New Single-family Dwelling. 9 Naylor Avenue. PIN 4-0002-03-012. Carmela Aliffi and Jane Fishman. George Shaw approached Mayor and Council. Mr. Shaw stated the petitioners have requested a variance for a small lot on the corner of Naylor and Wilson. It is an undersized lot in the R-1B District and have previously been before Mayor and Council to ask for a variance. He continued, they want a slightly larger home and during the design phase, they found they needed an additional variance. At the Planning Commission meeting, they revised their request - Page 6 - for a 5’ setback on Wilson and 11’ setback on Naylor to leave the already approved 6’ setback from Wilson and now asking solely for an 11’ setback from Naylor, which is a 9’ difference from what is required. Mr. Shaw stated the Planning Commission voted 3-2 in favor of this request and Staff has recommended approval. Carmela Aliffi approached Mayor and Council stating the biggest difference is they have decided to keep the two trees, pine and oak. Daniel Snyder, Architect, stated the house is being engineered so footings of the residence will protect the trees and the drainage will be such as to water the roots of the trees. Monty Parks made a motion to approve. Wanda Doyle seconded. Vote was unanimous to approve, 5-0. Special Review, Consideration of Building into the “Toe of the Dune” Line; 2 8 th Place. PIN 4-0006-02-001. Stephen and Annette Friedman. Monty Parks recused. George Shaw approached Mayor and Council. Mr. Shaw stated the Friedman’s have a home at the end of 8th Place, facing the beach, and the dunes are now coming to the base of the home. They are requesting to push the dunes back approximately 30’ away from their home. He stated Staff recommends only 10’ to protect the structure. Planning Commission recommended denial for the submittal with a 4-1 vote. Ms. Doyle asked Mr. Shaw to confirm the property line is approximately 60’ or more behind the residence. Mr. Shaw confirmed. Ms. Livingston stated Mr. Friedman would like to push the dune that is against his house out where the next dune field is located. Mr. Shaw confirmed. Mayor pro tem Brown stated the sand dune that is encroaching their home, if pushed back will fill in the gap that is currently in place and does not see a problem in what the Friedman’s would like to do. Mr. Branigin stated the issue of 30’ is largely irrelevant as the Friedman’s are asking for permission to work with DNR to have a solution. He does not see why the City needs to get involved in prescribing the solution as DNR might recommend another solution. Mr. Shaw confirmed and stated this is just a step in the process the Friedman’s are going through with DNR. Mayor pro tem Brown spoke of an example with a resident on Chatham Avenue where they worked with DNR for a solution. The sand was moved back on the beach and a dune was built. Mr. Hughes reminded Mayor and Council this request is for Special Review, and there are different standards applicable to one as opposed to the other requests on the agenda for public hearing. Ms. Doyle clarified with Special Review, Mayor and Council can impose conditions if needed. Stephen Friedman approached Mayor and Council. Mr. Friedman commented Mr. Branigin stated the issue correctly as there are two issues. One being the dune has gradually over time moved against the side of their home. The toe of the dune line is in fact the wall of their home. The second issue is the property immediately to the west has a severe flooding problem with any significant rainfall. Mr. Friedman submitted a plan to DNR which recommends moving the dune and installing a pump and catch basin system to pump the water to underneath the moved dune. Mr. Friedman stated the high water mark is 564’ away from his home and there are three dune structures they do not have any intent to move, only the one against their home. He continued DNR marked their property as 100% jurisdictional delineation. Mr. Friedman stated as a result, he has filed a lawsuit with the DNR. He reminded Mayor and Council DNR has a hard and fast rule they will not formally consider his application until they, Mayor and Council, approve his request to move forward with negotiations with DNR. Demery Bishop, Chair, Planning Commission, approached Mayor and Council. Mr. Bishop stated at the recent Planning Commission meeting there was tremendous discussion concerning Mr. Friedman’s request. As presented to the Planning Commission, it was as Special Review. As Special Review, by Code, requires there be federal, state and local requirements present in order to alter or move or change the dune structure in any way. He continued, the Planning Commission considered that and as a result, the Commission did not feel all the items have been met. Mr. Bishop agrees with Mr. Branigin in that Special Review is what the Planning Commission is about and that is to make a decision as to whether or not there should be a - Page 7 - change that would be not to a detriment but to a benefit to the landowner. Clearly having been at that property prior to the Friedman’s ownership, the dune has been encroaching for some time and is a problem. Mr. Bishop stated the relocation of the dune was not acceptable by the Planning Commission and in this instance, from a planning perspective, would be to the benefit of the property owner and to the City of Tybee to allow this. It was the undertone of the Planning Commission even though the motion of the Planning Commission was to deny. Ms. Doyle confirmed a letter from DNR stating what Mr. Friedman needs has not been received and will not be received until such time as Mayor and Council approve moving forward. Mr. Hughes stated Mayor and Council can approve the Special Review Application but the work cannot occur until DNR issues a permit and then be entitled to a permit from the City. Barry Brown made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 4-0. Monty Parks returned to the City Council Meeting. Zoning Variance, Consideration of Building in Front Setback, 1307 5th Avenue. PIN 4-0011-05-015. Ronald and Carlette Calloway. George Shaw approached Mayor and Council. Mr. Shaw stated the Calloway’s currently have adjoining lots and one home is a small cottage on the ground and has severely flooded on several occasions. The request is to remove that building and rebuild using the setback the other building has, which is approximately 9.5’. The required setback is 20’. Staff feels this request does not meet the City’s variance ordinance requirements, as it is still a buildable lot without a variance. The Planning Commission voted 3- 2 to deny. Mr. Shaw confirmed with Ms. Doyle there is no hardship and the petitioner could build a home on the lot. Mayor pro tem Brown stated the petitioner is trying to build a front line in the exiting footprint, which has been done on several occasion in the past. Ms. Livingston confirmed the variance is just for the front setback. Mr. Shaw confirmed. Mr. Parks stated if a residence is destroyed, the owner can rebuild in the existing footprint but if the residence is voluntarily torn down you must meet Code. For clarification, there was a lengthy discussion regarding the rebuilding of the house in the existing footprint. Mr. Parks stated he is not in favor of this, as the petitioner needs to follow Code. Mr. Calloway approached Mayor and Council. Mr. Calloway stated they have two lots and have a three bedroom raised house and a cottage. They originally lived in the cottage and built a raised house. In 2005 when the house was finished, it was pinned together with the cottage and was used as a fourth and fifth bedroom. This was also used for a ground level bathroom and kitchen for the outdoor area. Reason for building the new house, Mr. Calloway stated, is he needs a 33’ x 50’ area to build a house with an elevator. Mr. Calloway stated he does not want to cut down the tree on his property and presented two letters from neighbors stating they are in favor of keeping the tree. Barry Brown made a motion to approve. Wanda Doyle seconded. Voting in favor were John Branigin, Wanda Doyle and Barry Brown. Voting against were Julie Livingston and Monty Parks. Vote to approve, 3-2. Consideration of Ordinances First and Second Reading, 17-2018, Sec 66-11, Dockless Scooters. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 5-0. Julie Livingston made a motion to adjourn to executive session to discuss litigation and personnel. Wanda Doyle seconded. Vote was unanimous, 5-0. Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 5-0. - Page 8 - Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5- 0. Meeting adjourned at 8:50PM. ______________________________ __________________________ Janet R. LeViner, CMC Jason Buelterman, Mayor Clerk - Page 9 - - Page 10 - - Page 11 - - Page 12 - - Page 13 - - Page 14 - - Page 15 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 6. Agreement, William Thomas Boundary Line - Page 16 - - Page 17 - - Page 18 - - Page 19 - - Page 20 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 7. Agreement, Harold S. White - Page 21 - ABOVE SPACE FOR RECORDING INFORMATION ONLY Prepared by: Weiner, Shearouse, Weitz, Greenberg & Shawe ATTN: William W. Shearouse, Jr. 14 E. State Street Savannah, GA 31401 (912) 233-2251 AGREEMENT THIS AGREEMENT is made and entered into as of the ____ day of October, 2018, by and between HAROLD S. WHITE, JR. and ANGELIQUE WHITE (hereinafter referred to as "Party of the First Part") and THE CITY OF TYBEE ISLAND, a municipal corporation of the State of Georgia (hereinafter referred to as the “Party of the Second Part”). W I T N E S S E T H WHEREAS, the Party of the First Part is the owner of that certain real property known as Lot 1-A-2 on a plat identified as “A Minor Subdivision of Lot 1-A of a Subdivision of Lot 1, Block 1, Bay Ward, and a Portion of the Abandoned Railroad Right-of-Way, Tybee Island, 5th GM District, Chatham County, State of Georgia” prepared by John S. Kern for Beach side Development, Inc. recorded in Subdivision Map Book 20-S, Page 50, in the Office of the Clerk of Superior Court of Chatham County, Georgia. Said property with improvements thereon known as 1429-B Estill Avenue, Tybee Island, Georgia 31328, based upon the current numbering system in Chatham County, Georgia, and bears property identification number 4- 0022-01-350; and WHEREAS, Party of the Second Part is in the process of constructing a paved bicycle and pedestrian trail along Highway 80 which will utilize in part an abandoned gravel drive which is claimed to have previously provided access from Highway 80 to the property of the Party of the First Part and two other properties in what is now known as Sandy Shores Subdivision, Tybee Island, Georgia; and WHEREAS, Party of the First Part has requested the assistance of the City of Tybee Island in posting appropriate signage in the area of Marsh Hen Trail to clarify the entrance to the trail so that the public will likely not mistakenly believe access to the trail can be acquired or maintained through Estill Avenue and the common areas of Sandy Shores Subdivision. - Page 22 - 2 NOW THEREFORE, for and in consideration of the foregoing and of the mutual covenants and agreements herein made, the parties do agree as follows: 1. The Party of the First Part hereby conveys, quitclaims and releases unto the Party of the Second Part any of its rights, title and interest in and to the existing or previously existing gravel drive which connects U.S. Highway 80 to Sandy Shores Subdivision, reserving, however, unto Party of the First Part an easement of access, ingress and egress from and to the private drive known as Estill Avenue which serves as access from and to Sandy Shores Subdivision. 2. Party of Second Part covenants and agrees to construct and maintain appropriate signage near or about the entrance to Marsh Hen Trail to direct the public to the entrance access and to in an effort to reduce or eliminate any confusion which might occur as to whether or not access to the trail is possible through the common area of Sandy Shores Subdivision. 3. MISCELLANEOUS. (a) This agreement shall be construed and interpreted under and governed by the laws of the State of Georgia. (b) This is the sole and entire agreement of the parties hereto with respect to the subject matter hereof, and there are no other agreements, promises, or undertakings, oral or otherwise, between the parties hereto with respect to the subject matter hereof which are not set forth herein. (c) This agreement shall not be modified or amended except by an instrument in writing signed by or on behalf of the parties hereto and recorded in the county records where this agreement is also recorded. (d) This agreement shall be binding upon and enforceable against and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. [SIGNATURES ON FOLLOWING PAGE] - Page 23 - 3 IN WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. Signed, sealed and delivered PARTY OF THE FIRST PART: in the presence of: ______________________________ ___________________________________ Unofficial Witness HAROLD S. WHITE, JR. ______________________________ Notary Public My Commission Expires: ______________________________ [NOTARIAL SEAL] Signed, sealed and delivered in the presence of: ______________________________ ___________________________________ Unofficial Witness ANGELIQUE WHITE ______________________________ Notary Public My Commission Expires: ______________________________ [NOTARIAL SEAL] [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] - Page 24 - 4 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] Signed, sealed and delivered PARTY OF THE SECOND PART: in the presence of: THE CITY OF TYBEE ISLAND ______________________________ By: Unofficial Witness Its: ______________________________ Notary Public Attest: Its: My Commission Expires: ______________________________ [NOTARIAL SEAL] - Page 25 - ABOVE SPACE FOR RECORDING INFORMATION ONLY Prepared by: Weiner, Shearouse, Weitz, Greenberg & Shawe ATTN: William W. Shearouse, Jr. 14 E. State Street Savannah, GA 31401 (912) 233-2251 AGREEMENT THIS AGREEMENT is made and entered into as of the ____ day of October, 2018, by and between HAROLD S. WHITE, JR. and ANGELIQUE WHITE (hereinafter referred to as "Party of the First Part") and THE CITY OF TYBEE ISLAND, a municipal corporation of the State of Georgia (hereinafter referred to as the “Party of the Second Part”). W I T N E S S E T H WHEREAS, the Party of the First Part is the owner of that certain real property known as Lot 1-A-2 on a plat identified as “A Minor Subdivision of Lot 1-A of a Subdivision of Lot 1, Block 1, Bay Ward, and a Portion of the Abandoned Railroad Right-of-Way, Tybee Island, 5th GM District, Chatham County, State of Georgia” prepared by John S. Kern for Beach side Development, Inc. recorded in Subdivision Map Book 20-S, Page 50, in the Office of the Clerk of Superior Court of Chatham County, Georgia. Said property with improvements thereon known as 1429-B Estill Avenue, Tybee Island, Georgia 31328, based upon the current numbering system in Chatham County, Georgia, and bears property identification number 4- 0022-01-350; and WHEREAS, Party of the Second Part is in the process of constructing a paved bicycle and pedestrian trail along Highway 80 which will utilize in part an abandoned gravel drive which is claimed to have previously provided access from Highway 80 to the property of the Party of the First Part and other properties in what is now known as Sandy Shores Subdivision, Tybee Island, Georgia; and WHEREAS, Party of the First Part has requested the assistance of the City of Tybee Island in posting appropriate signage in the area of Marsh Hen Trail to clarify the entrance to the trail so that the public will likely not mistakenly believe access to the trail can be acquired or maintained through Estill Avenue and the common areas of Sandy Shores Subdivision. - Page 26 - 2 NOW THEREFORE, for and in consideration of the foregoing and of the mutual covenants and agreements herein made, the parties do agree as follows: 1. The Party of the First Part hereby conveys, quitclaims and releases unto the Party of the Second Part any of its rights, title and interest in and to the existing or previously existing gravel drive which connects U.S. Highway 80 to Sandy Shores Subdivision, reserving, however, unto Party of the First Part an easement of access, ingress and egress from and to the private drive known as Estill Avenue which serves as access from and to Sandy Shores Subdivision. 2. Party of Second Part covenants and agrees to construct and maintain appropriate signage near or about the entrance to Marsh Hen Trail to direct the public to the entrance access and in an effort to reduce or eliminate any confusion which might occur as to whether or not access to the trail is possible through the common area of Sandy Shores Subdivision. 3. MISCELLANEOUS. (a) This agreement shall be construed and interpreted under and governed by the laws of the State of Georgia. (b) This is the sole and entire agreement of the parties hereto with respect to the subject matter hereof, and there are no other agreements, promises, or undertakings, oral or otherwise, between the parties hereto with respect to the subject matter hereof which are not set forth herein. (c) This agreement shall not be modified or amended except by an instrument in writing signed by or on behalf of the parties hereto and recorded in the county records where this agreement is also recorded. (d) This agreement shall be binding upon and enforceable against and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. [SIGNATURES ON FOLLOWING PAGE] - Page 27 - 3 IN WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. Signed, sealed and delivered PARTY OF THE FIRST PART: in the presence of: ______________________________ ___________________________________ Unofficial Witness HAROLD S. WHITE, JR. ______________________________ Notary Public My Commission Expires: ______________________________ [NOTARIAL SEAL] Signed, sealed and delivered in the presence of: ______________________________ ___________________________________ Unofficial Witness ANGELIQUE WHITE ______________________________ Notary Public My Commission Expires: ______________________________ [NOTARIAL SEAL] [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] - Page 28 - 4 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] Signed, sealed and delivered PARTY OF THE SECOND PART: in the presence of: THE CITY OF TYBEE ISLAND ______________________________ By: Unofficial Witness Its: ______________________________ Notary Public Attest: Its: My Commission Expires: ______________________________ [NOTARIAL SEAL] - Page 29 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 8. Thomas & Hutton, Addendum 12, Solomon Avenue Right-of-Way Survey - Page 30 - - Page 31 - - Page 32 - - Page 33 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 9. Thomas & Hutton: Addendum 14, Dune Reconstruction-Survey & Construction Documents - Page 34 - - Page 35 - - Page 36 - - Page 37 - - Page 38 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 10. Thomas & Hutton, Addendum 13, Estill/Storer/Telephone Avenue Right-of-Way Survey - Page 39 - - Page 40 - - Page 41 - - Page 42 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 11. Assignment of EPG Contracts - Page 43 - CONSENT TO ASSIGNMENT OF CONTRACT _City of Tybee Island__ (“Client”) and Ecological Planning Group, LLC, a Georgia limited liability company (“EPG”), have entered into an agreement for ___NPDES Phase I MS4 Permit compliance__, dated 09/05/18 and approved on 09/27/18, (as amended, the “Contract”). Client has been informed that EPG and Goodwyn, Mills & Cawood, Inc., an Alabama corporation (“GMC”) have entered into an Asset Purchase Agreement (the “Purchase Agreement”), pursuant to which EPG has agreed to sell and assign certain of its assets, including the Contract, to GMC. The closing of the sale of assets by EPG to GMC (the “Closing”), including the assignment of the Contract to GMC, was effective as of September 30, 2018. Client hereby consents to EPG’s assignment, in accordance with the terms of the Purchase Agreement, of EPG’s rights and obligations under the Contract to GMC, all effective as of and subject to the Closing; provided that GMC shall as of the Closing assume all of EPG’s obligations under the Contract other than any liabilities or obligations of EPG arising out of or relating to a breach by EPG that occurred prior to the Closing (the “Assumed Obligations”), in accordance with the terms of the Purchase Agreement . Effective as of the Closing and subject to GMC’s assumption of the Assumed Obligations, EPG is released from the Assumed Obligations. DATED: __________________, 2018 CLIENT NAME: _City of Tybee Island_____________ By: ________________________________ Name: ______________________________ Title: ______________________________ - Page 44 - CONSENT TO ASSIGNMENT OF CONTRACT _City of Tybee Island__ (“Client”) and Ecological Planning Group, LLC, a Georgia limited liability company (“EPG”), have entered into that certain ___ CIG Grant: Carrying Capacity Study Implementation__ dated _1/18/2018_, (as amended, the “Contract”). Client has been informed that EPG and Goodwyn, Mills & Cawood, Inc., an Alabama corporation (“GMC”) have entered into an Asset Purchase Agreement (the “Purchase Agreement”), pursuant to which EPG has agreed to sell and assign certain of its assets, including the Contract, to GMC. The closing of the sale of assets by EPG to GMC (the “Closing”), including the assignment of the Contract to GMC, was effective as of September 30, 2018. Client hereby consents to EPG’s assignment, in accordance with the terms of the Purchase Agreement, of EPG’s rights and obligations under the Contract to GMC, all effective as of and subject to the Closing; provided that GMC shall as of the Closing assume all of EPG’s obligations under the Contract other than any liabilities or obligations of EPG arising out of or relating to a breach by EPG that occurred prior to the Closing (the “Assumed Obligations”), in accordance with the terms of the Purchase Agreement. Effective as of the Closing and subject to GMC’s assumption of the Assumed Obligations, EPG is released from the Assumed Obligations. DATED: __________________, 2018 CLIENT NAME: _City of Tybee Island_____________ By: ________________________________ Name: ______________________________ Title: ______________________________ - Page 45 - CONSENT TO ASSIGNMENT OF CONTRACT _City of Tybee Island__ (“Client”) and Ecological Planning Group, LLC, a Georgia limited liability company (“EPG”), have entered into that certain ___ NPDES Phase I MS4 Stormwater Management Plan (SWMP) Revision 2017__ dated _05/10/17_, (as amended, the “Contract”). Client has been informed that EPG and Goodwyn, Mills & Cawood, Inc., an Alabama corporation (“GMC”) have entered into an Asset Purchase Agreement (the “Purchase Agreement”), pursuant to which EPG has agreed to sell and assign certain of its assets, including the Contract, to GMC. The closing of the sale of assets by EPG to GMC (the “Closing”), including the assignment of the Contract to GMC, was effective as of September 30, 2018. Client hereby consents to EPG’s assignment, in accordance with the terms of the Purchase Agreement, of EPG’s rights and obligations under the Contract to GMC, all effective as of and subject to the Closing; provided that GMC shall as of the Closing assume all of EPG’s obligations under the Contract other than any liabilities or obligations of EPG arising out of or relating to a breach by EPG that occurred prior to the Closing (the “Assumed Obligations”), in accordance with the terms of the Purchase Agreement. Effective as of the Closing and subject to GMC’s assumption of the Assumed Obligations, EPG is released from the Assumed Obligations. DATED: __________________, 2018 CLIENT NAME: _City of Tybee Island_____________ By: ________________________________ Name: ______________________________ Title: ______________________________ - Page 46 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 12. Crista Rader - Right-of-Way - Naylor Avenue - Page 47 - - Page 48 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 13. First Reading, 18-2018, Sec 14-3 Election Officials - Page 49 - Sec 14.3. Election officials The mayor and council shall by resolution annually appoint such election officials as are necessary to comply with the a municipal election superintendent, election manager, registrars, absentee ballot clerk and any other officials as are necessary, all of whom shall exercise those powers and duties set forth in O.C.G.A 21-2-1 et seq. and other applicable provisions of the Georgia Municipal Election Code. - Page 50 - ORDINANCE NO. 18-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING SECTION 14-3 REGARDING ELECTION OFFICIALS WHEREAS, the State Constitution and the City Home Rule powers permit the City to adopt ordinances pertaining to the affairs of the local government; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 14-3 relating to Election Officials. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section 14.3 dealing with Election Officials so that hereafter the Section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section 14-3 to be added so that hereafter such section shall read as follows: Sec 14-3 Sec 14.3 ELECTION OFFICIALS The Mayor and Council shall by resolution appoint such election officials as are necessary to comply with the Georgia Municipal Election Code. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 - Page 51 - 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: __________ - Page 52 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 14. First Reading, Ordinance 19-2018, Sec 14-4, Superintendent to Incur Expenses - Page 53 - Sect 14.4. Superintendent to incur expenses. The City is authorized to conduct elections through the Chatham County Board of Elections and pay expenses associated therewith. In the event it is necessary to do so, the The election superintendent is authorized to incur expenses in the preparation and conduct of an election including the cost of purchasing identification badges for poll officers, the printing of ballots and voter’s certificates, and the purchasing of all other supplies necessary for the conduct of an election. The superintendent is further authorized to incur all necessary expenses to provide voting booths for the proper conduct of all elections. - Page 54 - ORDINANCE NO. 19-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING SECTION 14.1 REGARDING SUPERINTENDENT TO INCUR EXPENSES WHEREAS, the State Constitution and the City Home Rule powers permit the City to adopt ordinances pertaining to the affairs of the local government; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 14-4 relating to Superintendent to Incur Expenses. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section 14-4 dealing with Sec 14-4 so that hereafter the Section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section 14-3 to be added so that hereafter such section shall read as follows: Sec 14-4 Sec 14-4 Superintendent to Incur Expenses The City is authorized to conduct elections through the Chatham County Board of Elections and pay expenses associated therewith. In the event it is necessary to do so, the election superintendent is authorized to incur expenses in the preparation and conduct ofr an election including the cost of purchasing identification badges for poll officers, the printing of ballots and voter’s certificates, and the purchasing of all other supplies necessary to conduct an election. The superintendent is further authorized to incur all necessary expenses to provide voting booths for the proper conduct of all elections. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. - Page 55 - 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: __________ - Page 56 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 15. First Reading, Ordinance 20-2018, Sec 14-5, Polling Places - Page 57 - Sec 14-5 District; polling places. The area within the corporate limits of the City shall constitute an election district within the City. Persons shall vote at City Hall, the community center or at such other locations as may be established by the municipal elections superintendent or the board of elections. All polling places shall be provided with sufficient light and heat. - Page 58 - - Page 59 - ORDINANCE NO. 20-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING SECTION 14-5 REGARDING DISTRICT; POLLING PLACES WHEREAS, the State Constitution and the City Home Rule powers permit the City to adopt ordinances pertaining to the affairs of the local government; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 14-5 relating to Polling Places. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section 14-5 dealing with Polling Places so that hereafter the Section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section 14-3 to be added so that hereafter such section shall read as follows: Sec 14-5 Sec 14-5 Polling Places. The area within the corporate limits of the City shall constitute an election district within the City. Persons shall vote at such locations as may be established by the municipal elections superintendent or the board of elections. All polling places shall be provided with sufficient light and heat. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. - Page 60 - 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: __________ - Page 61 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 16. First Reading, Ordinance 21-2018, Sec 14-9, Notice of Candidacy; Time periods - Page 62 - Sec 14 – 9. Notice of Candidacy; time periods Each candidate or a designee shall file a Notice of Candidacy in the office of the Municipal Clerk of such candidate’s candidacy. (1) In the case of a general election held in an odd-numbered year, no earlier than 8:30 a.m. on the second Monday in September immediately preceding the general election and no later than 4:30 p.m. on the following Friday. as otherwise provided by State Law as currently existing or as hereinafter removed. (2)(1) In the case of a special election, not earlier than the date of the call and at least 25 days prior to the election or as otherwise provided by State Law as currently existing or as hereinafter removed.. - Page 63 - ORDINANCE NO. 21-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING SECTION 14-9 REGARDING NOTICE OF CANDIDACY; TIME PERIODS WHEREAS, the State Constitution and the City Home Rule powers permit the City to adopt ordinances pertaining to the affairs of the local government; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 14-9 relating to Notice of Candidacy; time periods. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section 14-9 dealing with Notice of Candidacy; time periods so that hereafter the Section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section 14-3 to be added so that hereafter such section shall read as follows: Sec 14-9 Sec 14-9 Notice of Candidacy; time periods Each candidate or a designee shall file a Notice of Candidacy in the office of the Municipal Clerk of such candidate’s candidacy. (1) In the case of a general election held in an odd-numbered year as provided by State Law as currently existing or as hereinafter amended and is directed by the Municipal Superintendent. (2) In the case of a special election, not earlier than the date of the call and at least 25 days prior to the election or as otherwise provided by State Law as currently existing or as hereinafter removed. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. - Page 64 - 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: __________ - Page 65 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 17. First Reading, Ordinance 22-2018, Section 14-10 Designation of Office Sought; Election of Councilmembers - Page 66 - Sec 14-10. Designation of office sought; election of councilmembers A candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors shall not designate the specific office he is seeking. The six candidates for city council receiving the highest number of lawful votes cast shall be elected as the six councilmembers of the City. - Page 67 - ORDINANCE NO. 22-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING SECTION 14-10 REGARDING DESIGNATION OF OFFICE SOUGHT; ELECTION OF COUNCILMEMBERS WHEREAS, the State Constitution and the City Home Rule powers permit the City to adopt ordinances pertaining to the affairs of the local government; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 14-10 relating to Designation of office sought; election of councilmembers. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section 14-10 dealing with Designation of office sought; election of councilmembers so that hereafter the Section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section 14-3 to be added so that hereafter such section shall read as follows: Sec 14-10 Sec 14-10 Designation of office sought; election of councilmembers A candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors shall not designate the specific office he is seeking. The candidates for city council receiving the highest number of lawful votes cast shall be elected as councilmembers of the City. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. - Page 68 - 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: __________ - Page 69 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 18. First Reading, Ordinance 23-2018, Sec 14-18, Time of Regular Election; Succession by Incumbent - Page 70 - Sec. 14-18. Time of regular election; succession by incumbent. On the first Tuesday in November of each odd-numbered year, beginning in 1983, a regular election shall be held in the City at the City Hall or at such other place or places as may be designated the city council may designate for the election of a mayor when appropriate and/or council members as appropriate six councilmembers who shall have the qualifications specified in this chapter to hold such office. Any incumbent mayor or incumbent councilmember who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself for office or for office as a member of the city council. - Page 71 - ORDINANCE NO 23-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING SECTION 14-18 REGARDING TIME OF REGULAR ELECTION; SUCCESSION BY INCUMBENT WHEREAS, the State Constitution and the City Home Rule powers permit the City to adopt ordinances pertaining to the affairs of the local government; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 14-18 relating to Time of regular election; succession by incumbent. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section 14-18 dealing with Time of regular election; succession by incumbent so that hereafter the Section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section 14-3 to be added so that hereafter such section shall read as follows: Sec 14-18 Sec 14-18. Time of regular election; succession by incumbent. On the first Tuesday in November of each odd-numbered year, beginning in 1983, a regular election shall be held in the City or at such place or places as may be designated for the election of a Mayor when appropriate and/or council members as appropriate. Any incumbent Mayor or incumbent councilmember who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself for office or for office as a member of the City Council. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. - Page 72 - 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: __________ - Page 73 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 19. Resolution Requesting Local Legislation to Update the Charter of the City of Tybee Island - Page 74 - RESOLUTION A RESOLUTION REQUESTING LOCAL LEGISLATION TO UPDATE THE CHARTER OF THE CITY OF TYBEE ISLAND AS DESCRIBED HEREIN BE IT RESOLVED by Mayor and Council of the City of Tybee Island, in open meeting, as follows: WHEREAS, the City of Tybee Island is a duly organized municipality existing under the laws of the State of Georgia; and WHEREAS, the City has from time to time held council seats declared vacant; and WHEREAS, currently under Section 5.18 of the Charter, the council elects a member to fill any vacancy; and WHEREAS, the council would like for the people to be able to choose who represents them where more than two years of time is left by any vacancy; and WHEREAS, doing so would require amending the Charter and constitute a change in the manner of electing council members to fill vacancies; and WHEREAS, the City desires to make this change in the Charter giving the people the ability to choose their representatives in case of such vacancy; and WHEREAS, the City previously changed its voting structure by requesting and having secured local legislation authorizing the City to convert their elections from two year cycles of all offices to staggered four year terms; and WHEREAS, the City amended the Charter, Section 5.12, which now provides for four year terms on a staggered basis; and WHEREAS, as a result of such changes, additional provisions of the Charter need clarification and/or a revision so as to be clear and consistent, NOW, THEREFORE, be it resolved by the Mayor and Council in open meeting that the local legislative delegation be requested to adopt an Act repealing Section 5.18 of the Charter and amending so that hereinafter it will read as follows: Section 2.12. Vacancies; filling of Vacancies, shall also be amended so as to provide as follows: Section 2.12. Vacancies, filling of vacancies. (a) Vacancies. The office of Mayor or council member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotation [O.C.G.A 45-1-1 et seq], or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of Mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment as provided in Sec. 5.18 of this Charter. - Page 75 - IT IS FURTHER RESOLVED that the local legislative delegation be requested to adopt an Act repealing Section 2.30 of the Charter, Powers and Duties of the Manager and provide as follows: 2.30 (3) Powers and Duties of the Manager. Attend all City Council Meetings except for closed meetings as determined by Council including, but not limited to closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the City Manager and have the right to take part in discussion but not vote; IT IS FURTHER RESOLVED that the local legislative delegation be requested to adopt an Action Act repealing Section 2.33 of the Charter, selection and powers and duties of mayor pro tem, so as to be consistent with four year terms (or to be determined every two years) and provide as follows: 2.33. Selection and powers and duties of mayor pro tem. At the first regular meeting of the City Council following the regular election of the Mayor and councilmembers such council members then elected every four years, the council shall select one of its members as mayor pro tem. During the absence or physical or mental disability of the Mayor for any cause, the mayor pro tem, or in the mayor pro tem’s absence or disability for any reason, anyone of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of the office of the Mayor so long as such absence of disability shall continue. Any such absence or disability shall be declared by a majority vote of all councilmembers. The mayor pro tem or selected council member shall sign all contracts and ordinances in which the Mayor has a disqualifying financial interest as provided in Section 2.14 of this Charter. OR At the first regular meeting of the City Council following any regular election of council members, the Council shall select one of its members, including those mid-term and newly elected members, as mayor pro tem. During the absence or physical or mental disability of the Mayor for any reason, anyone of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of the office of the Mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by a majority vote of all councilmembers. The mayor pro tem or selected council member shall sign all contracts and ordinances in which the Mayor has a disqualifying financial interest as provided in Section 2.14 of the Charter. IT IS FURTHER RESOLVED that the local delegation be requested to adopt an Act revising Section 5.11, regular elections; time for holding, so as hereafter it will read as follows: 5.11. Regular elections; time for holding. In odd numbered years, on the Tuesday next following the first Monday in November, and biannually thereafter, a regular election shall be held in the City of Tybee Island at the City Hall or such other place or places as the council may designate for the election of mayor and six appropriate number of council members, who shall have the qualifications specified in this Chapter to hold such office. An incumbent Mayor or incumbent Councilmember who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself or herself for such office or for office as a member of the City Council. As provided in Sec 5.12, the Mayor is elected to four-year terms and the mayoral election will accompany the election on the Tuesday next following the first Monday in November in odd numbered years by four year terms. - Page 76 - Section 5.17, nondesignation of specific office by candidate; highest vote elects, shall also be amended so as to provide as follows: Section 5.17. Nondesignation of specific office by candidate; highest vote elects. A candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors shall not designate the specific office he or she is seeking. The six candidates for city council receiving the highest number of lawful votes cast shall be elected as the six councilmembers of the City of Tybee Island. 5.18 Filling vacancy in office of Mayor or Council Member. Sec 5.18 – Filling Vacancy in Office of Mayor or Councilmembers. Should during the term of office to which elected, the Mayor or any councilmember die, resign, remove or change residence beyond the city limits of the municipality, or otherwise fail to meet all the all the qualifications prescribed in the Charter for the particular office held at t he time, the office of such person shall thereby become, and thereupon be declared, vacant; and in case of vacancy in the office of mayor or of any councilmember from any cause whatsoever other than expiration of the term of office, the Mayor and remaining members of the council, or the remaining members of the council, as the case may be, shall elect within 30 days after the vacancy occurs a qualified person to fill the vacant office; provided, however the person so elected to fill the vacancy shall be pos sessed of each and every of the qualifications required and prescribed by this Charter for a candidate seeking election to the office to be filled; provided further, such person so elected to fill a vacancy shall serve only for the remainder of the unexpired term of the vacant office which he or she is elected to fill. (a) If the vacancy to be filled is the position of mayor, the person elected by the remaining members of council shall serve the full remaining term; and - Page 77 - (b) If the vacancy to be filled is the office of a council member, the person elected by the mayor and remaining members of council shall serve until the organizational meeting of the new year following the general municipal election after the office became vacant; provided further, if in the event more than twenty six (26) months remain of the term of office as of the date the office became vacant, then in that event the candidate for council member who places fourth in the general municipal election following the vacancy shall have been elected to serve the remaining two years of the term beginning at the organizational meeting of the new year following the general municipal election. However, the person so elected to fill the vacancy shall be possessed of each and every of the qualificat ions required and prescribed by this Charter for a candidate seeking election to the office be filled; provided, further, such person so elected to fill a vacancy shall serve only for the remainder of the unexpired term of the vacant office which he or she is elected to fill. SO RESOLVED, this the _____ day of ____________ 218. CITY OF TYBEE ISLAND, GEORGIA By: _______________________ Jason Buelterman, Mayor ATTEST: By: _______________________ City Clerk Formatted: p0, Left, Line spacing: Multiple 3 li - Page 78 - Tybee/Resolution/2018/Charter Changes - Page 79 - RESOLUTION A RESOLUTION REQUESTING LOCAL LEGISLATION TO UPDATE THE CHARTER OF THE CITY OF TYBEE ISLAND AS DESCRIBED HEREIN BE IT RESOLVED by Mayor and Council of the City of Tybee Island, in open meeting, as follows: WHEREAS, the City of Tybee Island is a duly organized municipality existing under the laws of the State of Georgia; and WHEREAS, the City has from time to time held council seats declared vacant; and WHEREAS, currently under Section 5.18 of the Charter, the council elects a member to fill any vacancy; and WHEREAS, the council would like for the people to be able to choose who represents them where more than two years of time is left by any vacancy; and WHEREAS, doing so would require amending the Charter and constitute a change in the manner of electing council members to fill vacancies; and WHEREAS, the City desires to make this change in the Charter giving the people the ability to choose their representatives in case of such vacancy; and WHEREAS, the City previously changed its voting structure by requesting and having secured local legislation authorizing the City to convert their elections from two year cycles of all offices to staggered four year terms; and WHEREAS, the City amended the Charter, Section 5.12, which now provides for four year terms on a staggered basis; and WHEREAS, as a result of such changes, additional provisions of the Charter need clarification and/or a revision so as to be clear and consistent, NOW, THEREFORE, be it resolved by the Mayor and Council in open meeting that the local legislative delegation be requested to adopt an Act repealing Section 5.18 of the Charter and amending so that hereinafter it will read as follows: Section 2.12. Vacancies; filling of Vacancies, shall also be amended so as to provide as follows: Section 2.12. Vacancies, filling of vacancies. (a) Vacancies. The office of Mayor or council member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotation [O.C.G.A 45 -1-1 et seq], or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of Mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided in Sec. 5.18 of this Charter. - Page 80 - IT IS FURTHER RESOLVED that the local legislative delegation be requested to adopt an Act repealing Section 2.30 of the Charter, Powers and Duties of the Manager and provide as follows: 2.30 (3) Powers and Duties of the Manager. Attend all City Council Meetings except for closed meetings as determined by Council including, but not limited to closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the City Manager and have the right to take part in discussion but not vote; IT IS FURTHER RESOLVED that the local legislative delegation be requested to adopt an Act repealing Section 2.33 of the Charter, selection and powers and duties of mayor pro tem, so as to be consistent with four year terms (or to be determined every two years) and provide as follows: 2.33. Selection and powers and duties of mayor pro tem. At the first regular meeting of the City Council following the regular election of the Mayor such council members then elected every four years, the council shall select one of its members as mayor pro tem. During the absence or physical or mental disability of the Mayor for any cause, the mayor pro tem, or in the mayor pro tem’s absence or disability for any reason, anyone of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of the office of the Mayor so long as such absence of disability shall continue. Any such absence or disability shall be declared by a majority vote of all councilmembers. The mayor pro tem or selected council member shall sign all contracts and ordinances in which the Mayor has a disqualifying financial interest as provided in Section 2.14 of this Charter. OR At the first regular meeting of the City Council following any regular election of council members, the Council shall select one of its members, including those mid-term and newly elected members, as mayor pro tem. During the absence or physical or mental disability of the Mayor for any reason, anyone of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of the office of the Mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by a majority vote of all councilmembers. The mayor pro tem or selected council member shall sign all contracts and ordinances in which the Mayor has a disqualifying financial interest as provided in Section 2.14 of the Charter. IT IS FURTHER RESOLVED that the local delegation be requested to adopt an Act revising Section 5.11, regular elections; time for holding, so as hereafter it will read as follows: 5.11. Regular elections; time for holding. In odd numbered years, on the Tuesday next following the first Monday in November, and biannually thereafter, a regular election shall be held in the City of Tybee Island at such place or places as the council may designate for the election of mayor and appropriate number of council members, who shall have the qualifications specified in this Chapter to hold such office. An incumbent Mayor or in cumbent Councilmember who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself or herself for such office or for office as a member of the City Council. As provided in Sec 5.12, the Mayor is elected to four-year terms and the mayoral election will accompany the election on the Tuesday next following the first Monday in November in odd numbered years by four year terms. Section 5.17, nondesignation of specific office by candidate; highest vote elects, shall also be amended so as to provide as follows: - Page 81 - Section 5.17. Nondesignation of specific office by candidate; highest vote elects. A candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors shall not designate the specific office he or she is seeking. The candidates for city council receiving the highest number of lawful votes cast shall be elected as the councilmembers of the City of Tybee Island. 5.18 Filling vacancy in office of Mayor or Council Member. Sec 5.18 – Filling Vacancy in Office of Mayor or Councilmembers. Should during the term of office to which elected, the Mayor or any councilmember die, resign, remove or change residence beyond the city limits of the municipality, or otherwise fail to meet all the all the qualifications prescribed in the Charter for the particular office held at the time, the office of such person shall thereby become, and thereupon be declared, vacant; a nd in case of vacancy in the office of mayor or of any councilmember from any cause whatsoever other than expiration of the term of office, the Mayor and remaining members of the council, or the remaining members of the council, as the case may be, shall elect within 30 days after the vacancy occurs a qualified person to fill the vacant office; provided, (a) If the vacancy to be filled is the position of mayor, the person elected by the remaining members of council shall serve the full remaining term; and (b) If the vacancy to be filled is the office of a council member, the person elected by the mayor and remaining members of council shall serve until the organizational meeting of the new year following the general municipal election after the office became vacant; provided further, if in the event more than twenty six (26) months remain of the term of office as of the date the office became vacant, then in that event the candidate for council member who places fourth in the general municipal election following the vacancy shall have been elected to serve the remaining two years of the term beginning at the organizational meeting of the new year following the general municipal election. SO RESOLVED, this the _____ day of ____________ 218. CITY OF TYBEE ISLAND, GEORGIA - Page 82 - By: _______________________ Jason Buelterman, Mayor ATTEST: By: _______________________ City Clerk Tybee/Resolution/2018/Charter Changes - Page 83 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 20. Bubba Hughes - Continuance of Administration on Class Action - Page 84 - - Page 85 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 24. Wanda Doyle - Adopt-A Program Announcement - Page 86 - IF YOU ARE INTERESTED IN ADOPTING AN AREA ON TYBEE, Please Contact: Phone: 912-472-5045 | Email: rrosner@cityoftybee.org The City of Tybee Island Adopt-A Program is coming soon! Similar to Adopt-a-Highway, but instead volunteers will adopt an area on Tybee. Adoptable areas could be a beach, beach crossover, marsh, park, or any other area on the island you would like to keep clean! We are open to keeping all types of areas of Tybee clean and would like any group, organization, or individual that wants to help keep Tybee clean to participate! - Page 87 -