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HomeMy Public PortalAbout20190110CityCouncilPacket2.pdfMAYOR CITY MANAGER Jason Buelterman Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin 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 January 10, 2019 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 Recognitions and Proclamations 1. In Memorium 2. Tybee Island Police Department Promotions: To Sergeant: Richie Dascall TJ LeGuin Skylar Strickland Chris White To Major: Joel Fobes 3. 2019-01 Proclamation - Arbor Day 4. 2019-02 Proclamation - Official Flower of Tybee Island, Zinnia 5. 2019-03 Proclamation - School Choice Week, January 20 - 26, 2019 - 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 the approval of the minutes of the meetings of the Tybee island City Council 6. Minutes, December 13, 2018 7. Minutes, Special Meeting, December 18, 2018 Consideration of Boards, Commissions and Committee Appointments 8. Planning Commission Consideration (1) Gary L. Dennis, PhD (2) David McNaughton (re-appointment) (3) Charles Matlock (re-appointment) (4) Alan Robertson (re-appointment) 9. Tybee Island Youth Council Swearing in Ceremony Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 10. Carolyn Jurick - Tybee Island Maritime Academy Consideration of Approval of Consent Agenda Public Hearings 11. Intergovernmental Agreement - Chatham County Recreational Authority 12. Zoning Variance: consideration of setback encroachment - 701 Butler Avenue – Zone R- 2 - 4-0005-19-009 – Lynn Moody. Withdrawn will be heard Feb 14, 2019 meeting 13. Minor Subdivision: separating one lot to make two single-family lots - 1809 Chatham Avenue – Zone R-2 - 4-0009-13-009 – Kelley B. Parker. 14. Site plan approval consideration of a new Restaurant-1601 Inlet Ave. Zone CI/SE 4- 0008-17-003 Joshua Navon 15. Zoning Variance: Consideration to cover existing deck that is in setback – 23 Atlantic Avenue – Zone C-1(C) – 4-0008-03-012 – Robert Glisson 16. Site Plan Approval: consideration of new building for pool restrooms -19 Silver Ave. - Zone C-1 -4-0008-06-015 -Walt Freeman - 2 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 17. Map & Text Amendment: consideration of zoning use change from RT To C-2 -Lot 68B Lewis Ave. -Zone RT -4-0003-06-002B -Julie A. Livingston 18. 20181217 PC MINUTES Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 19. Alcohol License Request - Critz Tybee Run Fest, February 1 and 2, 2019 20. 2019 Agenda Request-Special Event: Mardi Gras Tybee March 2, 2019 Consideration of Bids, Contracts, Agreements and Expenditures 21. Out-of-state travel being requested for the Development Authority/Main Street Executive Director to attend the annual National Main Street Conference being held in Seattle, Washington March 25 – 27, 2019. 22. Attached is a memorandum of understanding for the Coastal Regional Commission to reinstate transit services from Tybee to Savannah. Services are detailed within the attached MOU. A recommended start date for the six month trial is March 1, 2019. 23. Request City Council approve a change order to the contract with Thompson Engineering to perform a building assessment for additional buildings. 24. Agreement between COTI & LKS for a design guidelines manual per the approved and awarded Historic Preservation Fund Grant FY2018. 25. Dune Remediation Project 26. Enterprise Leasing Agreement 27. The Highway 80 Median Project bid process has been completed. There was only one bidder, The Greenery, that submitted a bid. The council action requested is approval of only the base bid of $213,244.82, and the irrigation system with a bid of $52,582.40. The total allocated for this project in the budget is $260,000. The landscape architect is current working with the bidder to lower the cost of the plantings to bring the total cost within budget. The budget line item number is 100-6230-54- 1400. Consideration of Ordinances, Resolutions 28. 2019-01, Second Reading, Sec 4-050 Zoning Districts (O), South-end Business Overlay District 29. 2019-01 Resolution - Registrar for the City 30. 2019-02 Resolution Superintendent of Elections Council, Officials and City Attorney Considerations and Comments - 3 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 31. Jason Buelterman (1) Solar Panel Project Loan Application (2) COLA Pay Increase Minutes of Boards and Committees 32. Attached are approved meeting minutes to include in the packet for the 1/10/19 City Council meeting: - Development Authority/Main Street Board of Directors: September, November - Historic Preservation Commission: August, October, November 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.” - 4 - 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: 1. In Memorium - 5 - IN MEMORIUM Sharon Hollerman Akers Harris Tillman Anderson Kevin Barry Lonon Bel Odilo Blanco Margaret Bowman Sandra Hosti Cornelius Mary Anne Deborde Susan Marie Distelhorst Peter Dittmar Viola Dowers Dr. Bobbie ElLaissi Judith Kay Fischer Donna Foley William Ray Hansill Peter Walker Hendry Robert Herring, Jr. Daniel Hill Margaret Carol Horne Jana Rogers Howard John Humphrey Michael Jacobs Rodney Johnston Linda Boykin Kelly Julia Kennedy Belle Miller King Mary Ann Moses King Gil McMahon Patrick Joseph Menegay William Perry, Jr. David Postle Marilyn Carpenter Price John Clifford Richmond Richard “Ricky” Simon Dorothy Stallworth Phil Stevenson Dr. Nathaniel Steward Michael John Taylor Ronnie Thompson Brett Wile Daniel “Roscoe” Williams Royce Woodward May they, through the mercy of God, rest in peace. Amen. - 6 - 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. 2019-01 Proclamation - Arbor Day - 7 - MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor pro tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CITY CLERK Janet LeViner CITY ATTORNEY Edward M. Hughes PROCLAMATION Arbor Day WHEREAS, Arbor Day was first observed with the planting of more than a million trees in Nebraska on 1972; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderated the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase the property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, caring for and preserving our natural environment is the responsibility of every citizen; NOW THEREFORE, I, Jason Buelterman, Mayor of the City of Tybee Island, do hereby proclaim, Friday, February 15, 2019 as Arbor Day on Tybee Island and urge all citizens to support the City of Tybee’s efforts to care for the island’s trees. IN WITNESS WHEREOF, I hereby set my hand and cause the seal of the City of Tybee Island be affixed this 10th day of January 2019. _____________________ Jason Buelterman, Mayor City of Tybee Island - 8 - 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: 4. 2019-02 Proclamation - Official Flower of Tybee Island, Zinnia - 9 - CITY OF TYBEE ISLAND PROCLAMATION Official Flower of Tybee Island - Zinnia WHEREAS, Zinnias are popular with most gardeners and easy to grow from seed or bedding plants; and WHEREAS, Zinnias come in all colors, except blue, shapes and sizes; and WHEREAS, Zinnias adapt well to most growing conditions; and WHEREAS, Zinnias come in single, double or semi-double flowers; and WHEREAS, Zinnias are easy to start from seeds, grow in full sun and not particularly fussy about the soil; NOW THEREFORE, I, Jason Buelterman, Mayor of the City of Tybee Island, do hereby proclaim that from this day forward, the Zinnia will be the official flower of Tybee Island and urge all citizens to recognize this observance by planting some Zinnias in your garden. IN WITNESS WHEREOF, I hereby set my hand and cause the Seal of the City of Tybee Island be affixed this 10th day of January 2019. _____________________ Jason Buelterman, Mayor City of Tybee Island - 10 - 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: 5. 2019-03 Proclamation - School Choice Week, January 20 - 26, 2019 - 11 - CITY OF TYBEE ISLAND PROCLAMATION National School Choice Week WHEREAS, all children on Tybee Island should have access to the highest-quality education possible; and WHEREAS, Tybee Island recognizes the important role that an effective education plays in preparing all students on Tybee Island to be successful adults; and WHEREAS, quality education is critically important to the economic vitality of Tybee Island; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and WHEREAS, Tybee Island has many high-quality teaching professionals in the school settings who are committed to educating our children; and WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators and schools and organizations to raise awareness of the need for effective educational options; NOW THEREFORE, I, Jason Buelterman, Mayor of the City of Tybee Island, do hereby recognize January 20 – 26, 2019 as Tybee Island School Choice Week. IN WITNESS WHEREOF, I hereby set my hand and cause the Seal of the City of Tybee Island be affixed this 10th day of January 2019. _____________________ Jason Buelterman, Mayor City of Tybee Island - 12 - 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. Minutes, December 13, 2018 - 13 - City Council Minutes, December 13, 2018 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on December 13, 2018. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown, and Shirley Sessions. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; Angela Hudson, Finance Director; and Janet LeViner, Clerk of Council. Mayor pro tem Brown listed the following items on the consent agenda:  City Council Minutes - November 8, 2018  Special Meeting Minutes - November 15, 2018  Ethics Commission - Frances Kay Strickland  Ethics Commission - Michael Pappas  Ethics Commission - Zelda Tenenbaum  Ethics Commission - Patrick Lovato  Alcohol Licenses and Entertainment Licenses – 2019. Discussion: Ms. Doyle recommended approval with the caveat the American Legion Post 154 fees be waived as that was part of the grant process.  Resolution - Update the Charter of the City of Tybee Island  Resolution: 2019 Budget Amendment  Request City Council approve a budget amendment to decrease SPLOST 2003  City Council's approval to amend the General Fund fiscal year operating and capital budget by $808,083  Request Council approve a proposal with Thompson Engineering to perform an assessment of 19 of the City owned buildings. Discussion: Ms. Doyle asked the Arts Center, North Beach Bar and Grill, MRS Building, Salty Pelican, and Shrine Club be added to the list as they are City owned buildings.  City Council approve a budget amendment for the FY19 River's End Campground to transfer $50,000 from Contingency to Buildings  FY 19 SPLOST 2014 Budget Amendment  Out of State Travel to Los Angeles, CA for GFOA Conference for Finance Director and Purchasing/Accounting Clerk  Ante Litem - Anna Butler – To Reject  Ante Litem - Horsepen HOA - To Reject  Boundary Line: White and Thomas  Consideration of Waste Water Solar Panel Loan/loan Forgiveness Application. Discussion: There was a brief discussion on the location(s) of placement of the solar panels. Mayor Buelterman to bring back at the January 10 2019 meeting. 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  Presentation of Colors and Pledge of Allegiance – American Legion Post 154  Invocation: Jan LeViner, Clerk Ms. Doyle commended the Tybee Island Police Department as they are the recipient of a grant in the amount of $3,406.96 which provides them with funds to purchase vests. - 14 - Citizens to be Heard Julia Pearce approached Mayor and Council to give an update on the Martin Luther King Parade and Human Rights Celebration on January 12, 2019. Mayor Buelterman thanked Ms. Pearce for all her hard work. Jeremy Altman, approached Mayor and Council to speak in favor of the extension of the Moratorium on the South-end Overlay District as well as the City’s historic assets on the Island. He stated it is important for the City to protect these assets and showed slides depicting these buildings. Mr. Altman stated the protection he is asking for is needed for the smaller main street Jones as well as the Carbo House. He asked for the support of Mayor and Council in preserving the quaintness of the Island. Jan Will approached Mayor and Council to speak in favor of the preservation of the South- end Overlay District. Ms. Will stated preservation is the means to a greater end by resolving the well planned and a well-managed city. Preservation puts the emphasis on residents but welcomes visitors and preservation will ensure Tybee’s future will be strong. Mayor Buelterman thanked Ms. Will for her comments. Dotty Kluttz, approached Mayor and Council to speak on the Hotel/Motel Tax. Ms. Kluttz asked that Mayor and Council, in regards to the proposed Hotel/Motel Tax increase, that additional monies be distributed equally among the recipients. Mayor Buelterman thanked Ms. Kluttz for her comments. Wanda Doyle made a motion to approve the consent agenda. Julie Livingston seconded. Vote was unanimous, 6-0. Public Hearings Minor Subdivision: Move lot line to make two lots – 303 Third Street – Zone R-2 – 4- 0004-17-005 – Kitty B. Williams. George Shaw approached Mayor and Council. Mr. Shaw stated this request is for a minor subdivision for a large lot and meets all the requirements. The Planning Commission voted unanimously in favor and Staff recommends approval. Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Text Amendment to Land Development Code: Sec. 4-050 Zoning Districts (O) South- end Business Overlay District. George Shaw approached Mayor and Council. Mr. Shaw stated this item started in March of 2018 with a moratorium on demolitions in the South-end Overlay District. The Historic Preservation Commission and the consultants have been working on design guidelines as well as restrictions regarding demolition and relocation of buildings. After much work it has now been paired down to demolition only. Planning Commission recommended approval unanimously as well as Staff approval. Ms. Doyle confirmed this is first reading and would come back to Mayor and Council for second reading. She then asked for confirmation when a historic structure is relocated from the South-end Overlay District and moved to another location which is appropriate, would still remain historical. It is her understanding the structure cannot be relocated outside the District. Mr. Shaw responded it is his understanding that is the case as they want the character of the District to stay. If you remove too many structures outside the District, the District character would change. Rebecca Fenway and Sarah Ward approached Mayor and Council. Ms. Fenway made reference to the relocation of buildings. She stated they would like to have the building in question as close to the original context as possible and there are other considerations as well. Mayor Buelterman asked how this text amendment is different from what is in place currently. - 15 - Ms. Fenway stated there is no protection for the demolition of historic buildings and this will specifically help buildings that are over 50 years of age and also listed eligible or potentially eligible in the Historic Resource Survey, a demolition permit would have to go before the Historic Preservation Commission for review and make a recommendation to Staff. A discussion ensued regarding the cost to the potential buyer in moving a building from one district to another as well as the process. Mr. Shaw confirmed he would take the recommendation of the Commission as long as they were following the ordinance. Mr. Parks questioned the definition of demolition as it applies to 50% of the building. Mr. Branigin confirmed this is protecting the front of the building so it keeps the historic character. Ms. Fenway confirmed. Ms. Ward clarified the demolition standards as they only apply to full demolition of an entire building. Mr. Branigin stated it is his understanding the intent is to draw a line to create a distinction between a renovation and demolition. Mr. Parks would like to see this text amendment go Island wide. Mayor Buelterman stated that would have to come back before Mayor and Council for consideration and thanked Ms. Fenway and Ms. Ward for their work. Monty Parks made a motion to approve as written. John Branigin seconded. Voting in favor were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle and Shirley Sessions. Voting against was Barry Brown. Motion approved 5-1. Zoning Variance: Sec.5-090 (B) Height for a light monitor above the required 35 foot height – 1809 Chatham Avenue – 4-0009-13-009 –Zone R-2 – Josh W. Bull, AIA representative for Kelly Parker. George Shaw approached Mayor and Council. Mr. Shaw stated 1809 Chatham Avenue is currently a vacant lot and the petitioner wishes to put a large home there with a light monitor which would extend past the 35’ height limit on the Island. There is no hardship associated with this request and Staff recommended denial as well as Planning Commission. Josh Bull, Hopeline Architecture, approached Mayor and Council. Mr. Bull gave a brief presentation in regards to the height variance. He stated this is not a variance that the petitioner is requesting for the entire building as the building is below the 35’ height limit. What they are requesting is a variance to the 35’ height limit for a light monitor. He continued, this request is no different than an elevator, mechanical equipment, etc. request. Mr. Bull stated his firm is committed to the sensitivity of the community and to keeping the character of the Island. He then explained what a light monitor is and how it would provide natural light to the proposed residence. He requested approval of an architectural permit for a light monitor. Ms. Sessions asked what happened to the house that was on the property. Mr. Bull stated it was torn down by the owners of the property. Ms. Doyle asked what the purpose of having a light monitor. Mr. Bull stated there are three functions: (1) to bring natural light into the core of the building; (2) provide ventilation; and (3) adding architecture character to the building. Mayor pro tem Brown asked if the light monitor goes to the ground floor. Mr. Bull responded it goes through the roof and through the second floor so it will provide light to the second and the main floor. Jan Will approached Mayor and Council to speak against this request. She asked Mayor and Council to deny. Mayor Buelterman thanked Ms. Will. Mary Lamar approached Mayor and Council and spoke in opposition of this request. She asked Mayor and Council to deny. Dottie Kluttz approached Mayor and Council to speak in opposition of this request. She stated when a community loses its history, it loses its soul and if Mayor and Council are not careful, this is going to happen to Tybee Island. Ms. Kluttz continued, the residents of Tybee are asking Mayor and Council to vote no to a variance that is frivolous to the 35’ height; to uphold the 35’ and not allow this variance. Mr. Parks brought up the demolition of the cottage that was on the property and how it could have been included in this text amendment. Mr. Shaw stated it would not as it is not in the South-end Overlay District. Monty Parks made a motion to deny. Julie Livingston seconded. Vote was unanimous to deny, 6-0. - 16 - Consideration of Ordinances, Resolutions Resolution - Change the Hotel/Motel Tax. Mr. Hughes stated City can raise additional funds for the City to use for tourism product development. While maintaining our same distribution scheme with the Chamber of Commerce, the Resolution is designed to that. The City is currently at 6% under a sub-section of the Hotel/Motel Tax State Law. He continued, at the time that sub-section was created, every change in any community hotel/motel tax took an act of the General Assembly changing that Code section. Mr. Hughes further explained the process of the distribution scheme for the first 5, the difference between 5 and 7 has to be divided between the City and the Chamber to promote tourism. Under the first 5%, the City received 3% for the general fund as it always has, the next 2% would be divided under the proposed Resolution, 1% to the Chamber of Commerce and 1% to the Trade Center. This leaves everyone equal but creating one extra cent for Tybee Island to use for tourism product development. Mayor Buelterman stated tourism promotion would receive 2%, 3% to the City, 1% to the Trade Center and 1% toward product development. Mr. Hughes confirmed. Mayor Buelterman asked Mr. Hughes to clarify the procedure by which the City would determine how the money would be used. Mr. Hughes responded Mayor and Council would have to determine what the funds would be used for that would fit within what is defined as tourism product development. This could include re-nourishment of the beach, museums, and Marine Science Center and as things change, Mayor and Council can change the distribution as long as it is considered tourism product development. Mayor Buelterman stated for clarification, tourism product development which is the extra penny, means expenditure of funds for the creation and expansion of physical attractions which are available and open to the public and which improve destination appeal for the visitors and support visitors. Expenditures may include capital and operating expenses. Mr. Hughes confirmed. He recommended the funds are used for the Marine Science Center, beach re-nourishment, restrooms and for the Theater. Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 6-0. First and Second Reading: 24-2018, Sec 6-11, Hours allowed for Sunday Sales. John Branigin made a motion to approve. Julie Livingston seconded. Vote was unanimous to approve, 6-0. Resolution - Third Moratorium - South End Business District. Julie Livingston made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Marine Science Center: Pricing, Schedule, and Status. Ms. Doyle stated Matt West with West Construction was present and asked he approach Mayor and Council. Matt West approached Mayor and Council and made reference to the current packet before them this evening. Mr. West explained the process to date. He stated they are currently working on the Guaranteed Maximum Price 1 (GMP) which is specific to the foundation work. The overall project budget is also included in the packet, which includes the cost of the building, reflective of the foundation cost and the budgets for the balance of the building. This includes the civil construction, allowance for the recreational elements that are part of the exterior work, and contingency which will be adjusted as the project moves forward. The GMP 1 needs to be executed in order for West to move forward for the foundation work. Mr. Parks stated with the approval of Mayor and Council tonight, they are approving the $4.7M and the GMP 1 for the foundation. Ms. Doyle confirmed. Mr. West stated he will come back before Mayor and Council once the actual costs are entered for the GMP 2. Mr. Parks stated he is trying to understand - 17 - the entire package as presented to Mayor and Council. Mayor Buelterman asked Mr. West the height of the bottom level as to the base flood elevation. The Civil Engineer on the project approached. He stated the base flood elevation is 11’ and the ground floor is at 9’. The flood elevation is at 20’. Mr. West confirmed everything structurally, will be to Code as there are very strict standards. Mr. Parks expressed his concerns with keeping the name as the Tybee Island Marine Science Center and it not that of a contributor. Cathy Sakas, Chair, Tybee Island Marine Science Foundation, approached Mayor and Council. Ms. Sakas explained in the process of raising funds for exhibits and there is a possibility that they would have the name of a contributor but not the Center itself. It is their intent it remain the Tybee Island Marine Science Center. Mr. Parks confirmed there are no other funds for the construction other than the general fund. Ms. Doyle confirmed and is working toward an agreement with Chatham County for a Recreational Bond. A discussion ensued regarding moving forward with the funding process. Mayor Buelterman asked Dr. Gillen for status of the North Beach Traffic Study. Dr. Gillen responded stated the traffic counts have been completed and he is meeting with Mr. Stewart, City Engineer, to review data. Mayor Buelterman then asked for status of the replacement of the lost parking spaces. Dr. Gillen responded with the redesign of the plan, there is a 20 – 30 spot increase overall as it is the intent to open spaces in the green space area along Gullick. Mayor Buelterman asked Mr. Hughes to speak to the Recreational Authority and possible need to add more of a recreational element to the structure. Mr. Hughes responded there have been conversations that have resulted in an addition of playground elements to the project. This would help in obtaining a Recreational Bond, hence a presentation has been scheduled with the Recreational Authority. He also stated the more recreational components there are, the easier for the Authority Board to authorize the Bond. Mayor Buelterman asked Mr. West how long he can hold the GMP 1. Mr. West responded as the foundation package has steel, the longer the City waits, the higher risk you have of it costing more money. Wanda Doyle made a motion to accept the GMP for $4.875M and give Mr. Hughes permission to do the Notice to Proceed. Monty Parks seconded. Discussion: Mayor Buelterman stated for the record, he has expressed his concerns and Dr. Gillen has assured him, if the Hotel/Motel increase is defeated, there is sufficient funds to pay for the construction. Dr. Gillen stated he is confident there will be funding available if the Bond is not approved. Mayor Buelterman stated he would like assurance that if the Hotel/Motel does not go through, Mayor and Council will support the Theater. Ms. Session and Ms. Doyle confirmed. Vote was unanimous to approve, 6-0. Enterprise Lease Agreement. NO ACTION TAKEN Council, Officials and City Attorney Considerations and Comments Dr. Gillen approached Mayor and Council to give an Update - Goals and Action Item List. Mayor Buelterman asked for an update on the Highway 80 Median. Dr. Gillen stated the RFP is out and bids are due soon. Construction should begin immediately thereafter. Dr. Gillen gave an update on the High Volume Event Protocols. In his presentation he outlined the work of the Concerned Citizens Group and the representatives of the City. As a result, in the interest of public safety, an objective criteria for assessing different kinds of events and when special protocols might be implemented. Dr. Gillen stated he met with Chief Bryson and Mr. Ryerson to determine the times there were high volumes of traffic on the Island. After review data, there are three (3) events that stand out: (1) St Patrick’s Day Parade (Savannah); (2) Orange Crush; and (3) 4th of July. He further explained the influx of traffic as well as police calls for the referenced events. Dr. Gillen went on to explain traffic control recommendations to ensure public safety. This included Park of Seven Flags becoming a turnabout; Tybrisa will be closed; side streets along Butler and at Park of Seven Flags will be - 18 - closed; once parking lots filled – to be closed; and drivers must find parking and if not, must go off the Island or get back in line at Lazaretto Bridge. Mayor pro tem Brown asked about the placement of barricades. Dr. Gillen stated there would be barricades up and down Butler Avenue on the busiest of the day and around to Lewis. He then described the types of barricades, placement thereof, and possible parking space locations. Reader boards would also be used to assist beach goers in locating available parking. Dr. Gillen stated he is sending a clear message to everyone the City does not tolerate driving and drinking. Mayor Buelterman asked Dr. Gillen to notify the public of the impending protocol as well as a press release. Dr. Gillen confirmed. Also, there will be a Mobile Command Unit set up at the Tybrisa Round-a- Bout and license plate readers will be at Lazaretto Creek Bridge and the Tybee Island Police Department will have mobile readers. Dr. Gillen is also recommending the purchase of French Barricades, cones and Jersey Barricades. He will have a budget for Mayor and Council for their review. Ms. Doyle recommended using the French Barricades as opposed to the Jersey Barricades due to cost. Dr. Gillen stated with recommended surge pricing for parking, funds would be available for the needed barricades. Dr. Gillen then showed a slide for surge pricing for parking for specific weekends and the increased revenue. Ms. Doyle stated the Public Safety Committee voted unanimously to approve Dr. Gillen’s Protocols earlier in the day at their meeting. Mayor Buelterman expressed his concerns with the surge pricing and recommended only three weekends. Mr. Parks asked Dr. Gillen to speak to the issue of surge parking prices separate from that of barricades. Dr. Gillen confirmed. Dr. Gillen responded he does not have a budget and needs revenue for the barricades. Mr. Parks recommended using fund balance until discussions can be held. He stated this is the work of the Concerned Citizen Group and the work of the representatives from the City and the biggest concern is traffic flow. Mayor Buelterman confirmed. Wanda Doyle made a motion to approve High Volume Event Protocols and to include two weekends, Memorial Day and 4th of July for surge pricing as it relates to parking. John Branigin seconded. Vote was unanimous to approve, 6-0. Dr. Gillen gave an update on the Memorial Park Ad Hoc Committee. Dr. Gillen stated the members of the Committees objectives were to review all past plans for Memorial Park, develop a new plan for Memorial Park and develop concepts for new government facilities with the planned layout of the park. They were also asked to develop a conceptual plan for Memorial Park that takes these past plans into account and bring a cohesiveness and uniformity to the layout of Memorial Park. Lastly, they were tasked to develop a concept for govern facilities expansion and upgrade within the Memorial Park campus. Dr. Gillen continued to expound on changes to the Tybee Island Fire Station, City Hall and annex building for City employees, and expansion of YMCA facilities. Mayor Buelterman recommended building the annex rather than remodeling space at the Old School Building. Dr. Gillen confirmed. Ms. Sessions asked if Dr. Gillen had spoken to staff for their needs. Dr. Gillen stated yes. Mayor Buelterman asked Dr. Gillen to contact John Hart at the County to get clarification of the use of SPLOST funds for the building of the annex. Mr. Hughes stated he would contact Mr. Hart. Mayor Buelterman thanked Dr. Gillen for his presentation. Julie Livingston made a motion to approve the conceptual plan and finalize and accept the work of the Memorial Park Ad Hoc Committee. John Branigin seconded. Vote was unanimous to approve. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6- 0. Meeting adjourned at 10:15PM. - 19 - ______________________________ _________________________________ Janet R. LeViner, CMC Jason Buelterman Clerk Mayor - 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. Minutes, Special Meeting, December 18, 2018 - 21 - City Council Minutes, December 18, 2018 Mayor Buelterman called the Special Meeting to order at 3:30PM. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown and Shirley Sessions. Also attending were Bubba Hughes, City Attorney; George Shaw, Director, Community Development; Ricky Stewart, City Engineer; Angela Hudson, Finance Director; and Janet LeViner, Clerk of Council. Consideration of Bids, Contracts, Agreements and Expenditures Dune Restoration Project: Dismantle Dune Crossovers. Dr. Gillen stated this applies to 16th, 17th and 18th Streets and only a portion of Gullick will be removed. Approval is for demolition, disposal of debris and purchase of wood. Mr. Stewart stated a mobi-mat will be at 18th Street and dune construction will begin in January 2019. Ms. Doyle recommended the City do a press release regarding the crossovers and dune construction as there will be limited access to the businesses and beach. Mayor Buelterman asked if there is a way to do a bathroom at 17th Street. Dr. Gillen will look into this and get back to him. Ms. Doyle and Ms. Sessions expressed their concerns with notification of the businesses on the South-end as to the closure of the parking areas and limited access to the beach due to the dune construction and crossover repairs/demolition. Dr. Gillen will speak with Ms. Morton as she can contact everyone involved. Wanda Doyle made a motion to approve. Monty Parks seconded. Voting in favor were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle and Shirley Sessions. Voting against was Barry Brown. Vote was 5-1 to approve. GDOT Local Maintenance and Improvement Grant. Mayor Buelterman requested Mr. Stewart to go over the list of roads that are in line for paving. Mr. Stewart listed the roads and priorities. There was a brief discussion regarding the grinding of the road prior to repaving. Ms. Doyle asked Dr. Gillen to look into conditions on Campbell as there is a dip in the road which could cause vehicle damage. Monty Parks made a motion to approve. Wanda Doyle seconded. Vote was unanimous to approve, 6-0. Julie Livingston made a motion to adjourn to Executive Session to discuss personnel. Wanda Doyle seconded. Vote was unanimous, 6-0. Wanda Doyle made a motion to return to regular session. Barry Brown seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 6:00PM ______________________________ _________________________________ Janet R. LeViner, CMC Jason Buelterman Clerk Mayor - 22 - 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. Planning Commission Consideration (1) Gary L. Dennis, PhD (2) David McNaughton (re-appointment) (3) Charles Matlock (re-appointment) (4) Alan Robertson (re-appointment) - 23 - - 24 - - 25 - - 26 - - 27 - - 28 - - 29 - - 30 - - 31 - - 32 - - 33 - - 34 - - 35 - - 36 - - 37 - - 38 - - 39 - - 40 - - 41 - - 42 - - 43 - - 44 - - 45 - - 46 - - 47 - - 48 - - 49 - 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. Intergovernmental Agreement - Chatham County Recreational Authority - 50 - GPW (v1) 01-04-19 INTERGOVERNMENTAL CONTRACT by and between CHATHAM COUNTY RECREATION AUTHORITY and CITY OF TYBEE ISLAND, GEORGIA dated as of ________, 2019 relating to the [not to exceed $3,700,000] in aggregate principal amount CHATHAM COUNTY RECREATION AUTHORITY (GEORGIA) REVENUE BONDS (TYBEE ISLAND MARINE SCIENCE CENTER PROJECT), SERIES 2019 - 51 - Intergovernmental Contract i TABLE OF CONTENTS Page PREAMBLE ....................................................................................................................................1 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.01. Definitions.............................................................................................................3 Section 1.02. Rules of Construction ............................................................................................3 ARTICLE II REPRESENTATIONS, WARRANTIES, AND AGREEMENTS Section 2.01. Representations, Warranties, and Agreements of the Authority ...........................4 Section 2.02. Representations, Warranties, and Agreements of the City ....................................4 ARTICLE III ISSUANCE OF BONDS Section 3.01. The Bonds ..............................................................................................................6 Section 3.02. Date, Denomination, and Maturities .....................................................................6 Section 3.03. Obligations Relating to the Resolution and the Bonds ..........................................6 Section 3.04. Application of Bond Proceeds ...............................................................................6 ARTICLE IV FINANCING OF THE PROJECT; CONSTRUCTION Section 4.01. The Project; Financing of Project ..........................................................................7 Section 4.02. Completion of Project ............................................................................................7 Section 4.03. Disbursements from Construction Fund ................................................................7 Section 4.04. Establishment of Completion Date ........................................................................7 Section 4.05. Completion of Project if Construction Fund Insufficient ......................................7 Section 4.06. Plans and Specifications ........................................................................................8 Section 4.07. Investment of Money .............................................................................................8 Section 4.08. Tax Covenants .......................................................................................................8 ARTICLE V CONTRACT PAYMENTS BY THE CITY Section 5.01. Contract Payments by the City ..............................................................................9 Section 5.02. Credits ....................................................................................................................9 Section 5.03. Place of Payments ..................................................................................................9 Section 5.04. Taxes and Other Governmental Charges ...............................................................9 Section 5.05. City’s Obligations Unconditional ..........................................................................9 Section 5.06. City’s Remedies ...................................................................................................10 Section 5.07. Tax Levy to Make Payments ...............................................................................10 Section 5.08. Priority Lien of Bonds .........................................................................................11 - 52 - Intergovernmental Contract ii ARTICLE VI MAINTENANCE, REPAIR, AND MODIFICATION OF THE PROJECT BY CITY Section 6.01. Maintenance and Repair ......................................................................................12 Section 6.02. Removal of Equipment ........................................................................................12 Section 6.03. Liens ....................................................................................................................12 ARTICLE VII INDEMNITY Section 7.01. Indemnification; Immunity of Members of Authority ........................................13 ARTICLE VIII DEFAULTS; REMEDIES Section 8.01. Events of Default Defined ...................................................................................14 Section 8.02. Remedies on Default ...........................................................................................14 Section 8.03. Attorneys’ Fees and Expenses .............................................................................15 Section 8.04. No Waiver of Breach ...........................................................................................15 Section 8.05. City Authorized to Cure Default of Authority ....................................................15 Section 8.06. Failure to Enforce Agreement Not a Waiver .......................................................15 ARTICLE IX PREPAYMENT Section 9.01. Optional Prepayment ...........................................................................................16 Section 9.02. Exercise of Optional Prepayment ........................................................................16 ARTICLE X TERM; MISCELLANEOUS Section 10.01. Term of this Contract ...........................................................................................17 Section 10.02. Notices .................................................................................................................17 Section 10.03. Binding Effect .....................................................................................................17 Section 10.04. Severability ..........................................................................................................17 Section 10.05. Amounts Remaining in Funds .............................................................................18 Section 10.06. [Reserved] ............................................................................................................18 Section 10.07. Delegation of Duties by Authority ......................................................................18 Section 10.08. Continuing Disclosure .........................................................................................18 Section 10.09. Amendments, Changes, and Modifications .........................................................18 Section 10.10. Execution Counterparts .......................................................................................18 Section 10.11. Captions ...............................................................................................................18 Section 10.12. Law Governing Construction of Contract ...........................................................18 - 53 - Intergovernmental Contract 1 INTERGOVERNMENTAL CONTRACT THIS INTERGOVERNMENTAL CONTRACT (this “Contract”), dated as of ________, 2019, made and entered into by and between CHATHAM COUNTY RECREATION AUTHORITY, a public body corporate and politic (the “Authority”), and CITY OF TYBEE ISLAND, GEORGIA, a municipal corporation of the State of Georgia (the “City”); WITNESSETH: WHEREAS, the Authority has been created pursuant to an act of the General Assembly of Georgia, Georgia Laws 1995, page 4281 et seq. (the “Act”); and WHEREAS, pursuant to the Act, the Authority is authorized to acquire, construct, equip, maintain and operate projects and facilities which include recreational playgrounds, parks, and picnicking areas, and the usual and convenient facilities in connection therewith, and acquisition, construction and equipping of such facilities, all for the essential public purposes of the Authority; and WHEREAS, under the Act, the Authority is further empowered to enter into contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed; provided that all political subdivisions of the state or of local government are authorized to enter into contracts, leases, or agreements with the Authority, upon such terms and for such purposes as they deem advisable; and WHEREAS, under the Act, the Authority is authorized to issue its revenue bonds and use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project and for the purpose of refunding any bonds of the Authority theretofore issued; and WHEREAS, the Act provides that no bonds so issued by the Authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, that all such bonds shall be payable solely from the revenues pledged to the payment thereof, and that no holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision; and WHEREAS, pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, any municipality or other political subdivision of the State of Georgia may contract for any period not exceeding 50 years with any public authority for joint services, for the provision of services or for the joint or separate use of facilities and equipment, provided such contracts deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide; however, under Georgia law, the City may obligate itself to make the payments required under such contract from money received from taxes and from any other source without creating a debt within the meaning of Article IX, Section V, Paragraph I of said Constitution; and - 54 - Intergovernmental Contract 2 WHEREAS, in furtherance of the purposes of the Act, on behalf of and at the request of the City, and pursuant to a bond resolution adopted by the Authority on ________, 2019 (the “Resolution”), the Authority proposes to issue its REVENUE BONDS (TYBEE ISLAND MARINE SCIENCE CENTER PROJECT), SERIES 2019 (the “Bonds”), in the aggregate principal amount of [not to exceed $3,700,000] for the purposes of providing funds required to pay (i) a portion of the costs of financing a new Tybee Island Marine Science Center in the City, which includes recreational picnic and playground areas, a dune walk, and climbable marine life replicas (the “Project”), and (ii) the expenses incurred in connection with the issuance of the Bonds; and WHEREAS, the Bonds shall contain such terms and provisions as provided in the Resolution; and WHEREAS, the Authority and the City propose to enter into this Contract, pursuant to which the Authority will agree to issue the Bonds to provide funds and services for the above-described purposes and to provide the above-described facilities and services for the citizens of the City and visitors to the City, including the acquisition, construction, and equipping of the Project; and the City, in consideration of the Authority’s doing so, will agree to pay to the Authority from its general fund or from the proceeds of a tax levied on all taxable property located within the boundaries of the City, at such rate or rates as may be necessary to make the payments to the Authority for its services as called for pursuant to this Contract in amounts sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds. NOW, THEREFORE, in consideration of the foregoing and the respective representations, covenants, and agreements hereinafter set forth, the Authority and the City hereby agree as follows; provided, that in the performance of the covenants and agreements of the Authority herein contained, any obligation it may thereby incur for the payment of money shall not be a general debt of the Authority but shall be payable solely out of the proceeds derived from the sale of the Bonds and the revenues and receipts derived from this Contract: - 55 - Intergovernmental Contract 3 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.01. Definitions. All words and phrases defined in Section 101 of the Resolution shall have the same meanings in this Contract. Section 1.02. Rules of Construction. The definitions referred to in Section 1.01 shall be equally applicable to both the singular and the plural forms of the terms therein defined and shall cover all genders. “Herein,” “hereby,” “hereunder,” “hereof,” “hereinbefore,” “hereinafter,” “this Contract,” and other equivalent words refer to this Contract and not solely to the particular portion thereof in which any such word is used. All references herein to particular Articles or Sections are references to Articles or Sections of this Contract unless otherwise specified. [END OF ARTICLE I] - 56 - Intergovernmental Contract 4 ARTICLE II REPRESENTATIONS, WARRANTIES, AND AGREEMENTS Section 2.01. Representations, Warranties, and Agreements of the Authority. The Authority represents, warrants, and agrees that: (a) The Authority is a public body corporate and politic created and existing under the Act and, unless otherwise required by law, shall maintain its corporate existence so long as any of the Bonds are Outstanding. Under the provisions of the Act, the Authority is authorized to enter into and carry out the transactions contemplated by this Contract and the Resolution; (b) The Authority and the City heretofore have agreed that the Authority will provide financing and services for the undertakings described in the preamble to this Contract by the issuance of the Bonds as set forth in the Resolution; (c) There is no litigation or proceeding pending or, to the knowledge of the Authority, threatened against the Authority or against any other party which would have a material adverse effect on the right of the Authority to execute this Contract or the ability of the Authority to comply with any of its obligations under the Bonds, this Contract, the Resolution, or any other documents contemplated to be executed by the Authority in connection with the issuance and delivery of the Bonds; (d) This Contract, upon execution of the same, will constitute the legal, valid, and binding obligation of the Authority in accordance with its terms, and performance by the Authority of its obligations hereunder will not violate or result in a breach of any of the provisions of or constitute a default under any agreement or instrument to which the Authority is a party or by which the Authority is bound; (e) The Authority has not made, done, executed, or suffered, and warrants that it will not make, do, execute, or suffer, any act or thing whereby the Authority’s or the City’s title to or interest in the Project will or may be impaired or encumbered in any manner except as permitted herein and the Resolution and except for acts or things done or permitted by the City; and (f) Except as herein and in the Resolution provided, the Authority will not encumber any part of its interest in the Project or in the Revenues payable under this Contract or its rights under this Contract. The pledge made in the Resolution of the Revenues payable under this Contract constitutes a first and prior pledge of and lien on said Revenues and said pledge shall at no time be impaired by the Authority and the Revenues shall not otherwise be pledged. Section 2.02. Representations, Warranties, and Agreements of the City. The City represents, warrants, and agrees as follows: (a) The City is a municipal corporation and a political subdivision of the State, having power to enter into and execute, deliver, and perform this Contract, and by proper action of its governing body has authorized the execution and delivery of this Contract and the taking of any and all such actions as may be required on its part to carry out, give effect to, and consummate the transactions contemplated by this Contract and the Resolution, and no approval - 57 - Intergovernmental Contract 5 or other action by any governmental authority, agency, or other person is required in connection with the delivery and performance of this Contract by it except as shall have been obtained as of the date of delivery of the Bonds; (b) There is no litigation or proceeding pending, or to the knowledge of the City threatened, against or affecting the City, nor to the best of the knowledge of the City is there any basis therefor, wherein an unfavorable decision, ruling, or finding would materially adversely affect the transactions contemplated by this Contract or which in any way would adversely affect the validity or enforceability of the Bonds, this Contract, the Resolution, or any other documents contemplated to be executed in connection with the issuance and delivery of the Bonds; (c) This Contract, upon execution of the same, will constitute the legal, valid, and binding obligation of the City enforceable in accordance with its terms, and performance by the City of its obligations hereunder will not violate or result in a breach of any of the provisions of or constitute a default under any agreement or instrument to which the City is a party or by which the City is bound; and (d) No actions will be taken by the City which shall in any way impair the exclusion of interest on the Bonds from federal income taxation. [END OF ARTICLE II] - 58 - Intergovernmental Contract 6 ARTICLE III ISSUANCE OF BONDS Section 3.01. The Bonds. In order to provide funds for the purposes set forth in the preamble to this Contract, the Authority will, in accordance with the Act, issue the Bonds, and all of the covenants, agreements, and provisions hereof shall, to the extent provided herein and in the Resolution, be for the equal and proportionate benefit and security of the owners of the Bonds without preference, priority, or distinction as to the charge, lien, or otherwise of any one Bond over any other Bond, so that every owner of the Bonds shall have the same rights, privileges, and lien by virtue hereof. Section 3.02. Date, Denomination, and Maturities. The Bonds will be issued in registered form and will mature and be paid pursuant to the provisions of Article II of the Resolution. Interest on the Bonds will be paid to the person or persons and in the manner stated in the Bonds and in the Resolution until the obligation of the Authority with respect to the payment of the principal of the Bonds shall be discharged in accordance therewith. Section 3.03. Obligations Relating to the Resolution and the Bonds. The City agrees to perform all undertakings and obligations which are contemplated or required to be performed by the City pursuant to the provisions of the Resolution. Section 3.04. Application of Bond Proceeds. At and upon the delivery of and payment for the Bonds, the proceeds received therefrom shall be applied in accordance with the provisions of Section 511 of the Resolution. [END OF ARTICLE III] - 59 - Intergovernmental Contract 7 ARTICLE IV FINANCING OF THE PROJECT; CONSTRUCTION Section 4.01. The Project; Financing of Project. The Authority, in providing its services hereunder, agrees to acquire, construct, and equip the Project or to cause the Project to be acquired, constructed, and equipped with a portion of the proceeds of the Bonds. The Authority hereby agrees to finance the cost of the Project in accordance with the provisions hereof and of the Act. The City agrees to make the payments provided for in Section 5.01 in accordance with the provisions of this Contract. Section 4.02. Completion of Project. The City, as sole and exclusive agent of the Authority, agrees to undertake the acquisition, construction, and equipping of the Project in accordance with the Plans and Specifications; and the City hereby agrees to undertake and complete the Project on behalf of the Authority with due diligence. Payment therefor shall be made from the Construction Fund in accordance with the provisions of Section 4.03. Section 4.03. Disbursements from Construction Fund. The Authority hereby appoints the City as agent of the Authority to make disbursements from the Construction Fund to pay the Cost of Construction. Such disbursements shall be made only upon the execution and filing with the City of a requisition signed by the City Representative stating (i) the requisition number, (ii) the name and address of the person, firm, or corporation (which may include the City) to whom payment is due or was made, (iii) the amount paid or to be paid, (iv) that none of the items for which the payment is proposed to be made has formed the basis for any payment theretofore made from the Construction Fund, and (v) that each item for which payment is proposed to be made is a proper charge against the Construction Fund in accordance with the provisions of the Resolution and this Contract. Section 4.04. Establishment of Completion Date. At such time as the Project is completed, the City shall so notify the Authority by a certificate executed by the City Representative. Such certificate shall establish the Completion Date and shall state that, except for any amounts retained by the City for any Cost of Construction not then due and payable or the liability for payment of which is being contested or disputed by the City, (i) the Project has been completed substantially in accordance with the Plans and Specifications and all the Cost of Construction has been paid, (ii) all other facilities necessary in connection with the Project have been acquired, constructed, and installed in accordance with the Plans and Specifications, and (iii) payment has been made for all labor, services, materials, and supplies used in connection with the Project. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date thereof or which may subsequently come into being. Upon completion of the Project, title thereto shall vest in its entirety in the City. Section 4.05. Completion of Project if Construction Fund Insufficient. If money in the Construction Fund available for payment of the Cost of Construction is not sufficient to pay the Cost of Construction in full, the City shall use its best efforts to cause the Project to be completed and the City shall pay that portion of the Cost of Construction in excess of the money available therefor in the Construction Fund. The Authority does not make any warranty, either - 60 - Intergovernmental Contract 8 express or implied, that the money which will be paid into the Construction Fund will be sufficient to pay all the Cost of Construction. If the City pays any portion of the Cost of Construction pursuant to this Section 4.05, it shall not be entitled to any reimbursement therefor from the Authority or from the holders of the Bonds, nor shall it be entitled to any diminution in or postponement of the payments required to be paid under Article V. Section 4.06. Plans and Specifications. The Plans and Specifications are on file with the City, and any amendments thereto shall be filed with the City. The City may revise the Plans and Specifications at any time and from time to time prior to the Completion Date, provided that no such change shall render inaccurate any of the representations contained in this Contract. Section 4.07. Investment of Money. Any money held as a part of the Construction Fund shall be invested or reinvested as directed by the City Representative in accordance with Article VI of the Resolution. Section 4.08. Tax Covenants. The City hereby covenants and represents to the Authority for the benefit of each holder of the Bonds that: (a) It will not expend the proceeds from the sale of the Bonds nor take any other action which would cause the interest on the Bonds to be included in the gross income of the owners thereof for federal income tax purposes. (b) It will not make or permit any use of the proceeds from the issue and sale of the Bonds which would cause the Bonds to be classified as “arbitrage bonds” within the meaning of § 148(a) of the Code and any Treasury Regulations promulgated thereunder as such provisions may apply to obligations issued as of the date of issuance of the Bonds. (c) It will comply with and take such action and make such payments as may be permitted or required by § 148(f) of the Code to ensure that the Bonds do not constitute “arbitrage bonds” within the meaning of § 148(a) of the Code. (d) It will comply with all requirements of the Code that must be satisfied in order for the Bonds to remain excluded from federal income taxes. [END OF ARTICLE IV] - 61 - Intergovernmental Contract 9 ARTICLE V CONTRACT PAYMENTS BY THE CITY Section 5.01. Contract Payments by the City. Pursuant to this Contract, the City agrees to provide funds sufficient to pay the following: (a) the principal of, premium (if any), and interest due on the Bonds, upon maturity, redemption, or otherwise. All such payments shall be made to the Paying Agent at its Designated Office in lawful money of the United States of America in immediately available funds on or before the date on which due; (b) the reasonable fees of the Paying Agent and Bond Registrar as provided in the Resolution. Said fees and expenses shall be paid when due directly to the Paying Agent and Bond Registrar for its own account; and (c) any payments which may be required by Section 4.08(c) of this Contract. Each payment to be made by the City hereunder is to be made on a parity with every other payment hereunder. Section 5.02. Credits. Any amounts in the Debt Service Fund prior to any Interest Payment Date or date fixed for redemption of Bonds shall be credited against the payments due by the City under this Contract, and any amount in the Debt Service Fund on any Interest Payment Date or redemption date in excess of the amount required to pay the principal of, redemption premium, if any, and interest on the Bonds on such date shall be applied as provided for in Section 505(a) of the Resolution. If the Bonds are called for redemption, any funds held in the Construction Fund shall be deposited in the Debt Service Fund and said funds together with all other amounts in the Construction Fund and the Debt Service Fund one Business Day prior to the redemption date shall be credited against the payments due by the City under Section 5.01(a). Section 5.03. Place of Payments. The payments to be made pursuant to Section 5.01(a) shall be paid directly to the Paying Agent for the account of the Authority and shall be deposited in the Debt Service Fund as required by the Resolution. The payments to be made pursuant to subsections (b) and (c) of Section 5.01 shall be paid directly to the party to whom such payment is to be made for its own use. Section 5.04. Taxes and Other Governmental Charges. The City will pay promptly, as the same become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project. Section 5.05. City’s Obligations Unconditional. (a) The obligations of the City to make payments required in this Article V on the dates and in the manner herein specified and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, regardless of any contingencies - 62 - Intergovernmental Contract 10 whatever and notwithstanding any circumstances or occurrences that may arise or take place hereafter, and shall not be subject to diminution by set-off, counterclaim, abatement, or otherwise. Until such time as the principal of and interest on the Bonds shall have been paid or provision for such payment shall have been made in accordance with the Resolution, t he City (i) will not suspend or discontinue any payments for which provision is made in Section 5.01, (ii) will perform and observe all of its other covenants and agreements contained in this Contract, and (iii) will not terminate this Contract for any cause, including, without limiting the generality of the foregoing, impossibility or illegality of performance on the part of the Authority of any of its obligations hereunder or under the Resolution, any acts or circumstances that may constitute failure of consideration, force majeure, destruction of or damage to the Project or any part thereof, frustration of purpose, the unavailability for use by the City on the date hereof or on any date hereafter of the Project, any change in the tax or other laws of the United States of America or the State of Georgia or any political subdivision thereof, or any failure of the Authority to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with this Contract or out of the Resolution. (b) The City will bear all risk of damage to or destruction in whole or in part of the Project or any part thereof, including without limitation any loss, complete or partial, or interruption in the use or operation thereof or any manner or thing which for any reason interferes with, prevents, or renders burdensome the use thereof or the compliance by the City with any of the terms of this Contract. Section 5.06. City’s Remedies. If the Authority shall fail to perform any of its agreements in this Contract, the City may institute such action against the Authority as the City may deem necessary to compel such performance so long as such action shall not affect, impair, or diminish the obligation of the City to make the payments provided for herein, which obligation shall be absolute, unconditional, and irrevocable. The City may, at its own cost and expense and in its own name, prosecute or defend any action or proceedings against third parties or take any other action which the City deems reasonably necessary to secure or protect its rights of possession and use of the Project, in which event the Authority agrees to cooperate fully with the City. Section 5.07. Tax Levy to Make Payments. The City will exercise its power of taxation to the extent necessary to pay the amounts required to be paid hereunder and will make available and use for the payment of its obligations incurred hereunder all such taxes levied and collected for that purpose together with funds received from any other source. The City, in order to make such funds available for such purpose in each fiscal year, will in its general revenue, appropriation, and budgetary measures whereby its tax funds or revenues and the allocation thereof are controlled or provided for in each fiscal year during the term of this Contract include sums sufficient to satisfy the payments required to be made under this Contract, whether or not any other sums are included in such measure, until all payments required to be made hereby shall have been made in full. The obligation of the City to make the payments provided for pursuant to the terms of this Contract shall constitute a general obligation of the City and a pledge of the full faith and credit of the City to provide the funds required to fulfill such obligation. - 63 - Intergovernmental Contract 11 Section 5.08. Priority Lien of Bonds. The Authority will not hereafter issue any other bonds or obligations of any kind or nature payable from or enjoying a lien on the revenue derived from this Contract superior to the lien created in the Resolution for the payment of the Bonds. [END OF ARTICLE V] - 64 - Intergovernmental Contract 12 ARTICLE VI MAINTENANCE, REPAIR, AND MODIFICATION OF THE PROJECT BY CITY Section 6.01. Maintenance and Repair. The City, at its own expense, will from time to time, in the discretion of the City, make all needed and proper repairs, replacements, additions, betterments, modifications, and improvements to the Project so that the use thereof shall at all times be conducted properly. Section 6.02. Removal of Equipment. Neither the Authority nor the City is under any obligation to renew, repair, or replace any inadequate, obsolete, worn out, unsuitable, undesirable, or unnecessary equipment or other personalty forming a part of the Project. In any instance where the City in its discretion determines that any items of such equipment or personalty have become inadequate, obsolete, worn out, unsuitable, undesirable, or unnecessary, the City may remove such items of such equipment or personalty, and the City may sell, trade, exchange, or otherwise dispose of such items, as a whole or in part, without any responsibility or accountability to the Authority, and upon such determination said equipment or personalty shall no longer be a part of the Project. Section 6.03. Liens. Neither the Authority nor the City will permit any lien, debt, pledge, assessment, encumbrance, or charge ranking equally with or superior to the charge or lien created by the Resolution upon the payments provided for in Article V . All lawful claims and demands for labor, materials, supplies, or other charges or assessments which if unpaid might by law become a lien upon the Project will be promptly paid or discharged by the City, or adequate provisions will be made to satisfy and discharge the same promptly after the same shall accrue; provided, however, that the City may, at its own expense and in its own name and behalf or in the name and behalf of the Authority, in good faith and by appropriate legal proceedings contest any such lien, charge, or assessment and, in the event of such contest, may permit such lien, charge, or assessment so contested to remain unpaid during the period of such contest and any appeal therefrom. The Authority will cooperate fully with the City in any such contest. [END OF ARTICLE VI] - 65 - Intergovernmental Contract 13 ARTICLE VII INDEMNITY Section 7.01. Indemnification; Immunity of Members of Authority. (a) During the term of this Contract, the City, at its own expense, shall handle to conclusion all claims and pay all judgments obtained against the City or the Authority by reaso n of (i) any injury to or death of any person or damage to property occurring on or about any facilities constituting the Project or any part thereof occasioned by or growing out of or arising or resulting from any tortious or negligent act on the part of the City, its agents, or employees in connection with the operation, management, or maintenance of any facilities constituting a part of the Project; (ii) any use, non-use, condition of, or defect in any facilities constituting a part of the Project; and (iii) any failure, breach, or default on the part of the City in the performance of or compliance with any of the obligations of the City under the terms of this Contract; provided, however, that the indemnity provided by this Section 7.01 shall be effective only to the extent that the amount of liability arising from any such loss shall exceed the proceeds available therefor obtained from insurance carried with respect to such loss. (b) Notwithstanding the fact that it is the intention of the parties that the Authority shall not incur any pecuniary liability by reason of the terms of this Contract or the undertakings required of the Authority hereunder by reason of the issuance of the Bonds, the adoption of the Resolution, or the performance of any act requested of the Authority by the City; nevertheless, if the Authority should incur any such pecuniary liability, then in that event, the City shall indemnify and hold the Authority harmless against all claims, demands, or causes of action arising therefrom and all costs and expenses incurred in connection with any such claim or in connection with any action or proceeding brought thereon, and upon notice from the Authority, the City shall defend the Authority in any such action or proceeding. (c) No recourse shall be had for the enforcement of any obligation, covenant, or agreement of the Authority contained in this Contract or in the Bonds or the Resolution for any claim based hereon or thereon against any member, officer, or employee of the Authority or of any successor thereto, in his individual capacity, either directly or through the Authority whether by virtue of any constitutional provision, statute, or rule of law. This Contract, the Bonds, and the Resolution are solely corporate obligations, and no personal liability shall attach to or be incurred by, any member, officer, or employee of the Authority or of any successor thereto, either directly or by reason of the obligations, covenants, or agreements entered into between the Authority and the City, and all personal liability of any character against every such member, officer, and employee is, by the execution of this Contract, expressly waived and released . The immunity of members, officers, and employees of the Authority under the provisions contained in this Section 7.01 shall survive the completion of the acquisition and construction of the facilities constituting the Project and the termination of this Contract. [END OF ARTICLE VII] - 66 - Intergovernmental Contract 14 ARTICLE VIII DEFAULT; REMEDIES Section 8.01. Events of Default Defined. The following shall be “events of default” under this Contract and the term “event of default” shall mean, whenever used in this Contract, any one of the following events: (a) failure by the City to pay when due any amount required to be paid under Section 5.01(a); (b) the City shall fail to perform any of the other agreements, conditions, covenants , or terms herein required to be performed by the City and such default shall continue for a period of thirty days after written notice has been given to the City by the Authority, the Paying Agent, or the Bondholder specifying such default and requesting that it be remedied, or within a greater number of days if such remedy has been undertaken and is being diligently pursued and more than thirty days is required for its completion; provided, however, that if, by reason of force majeure, the City is unable, in whole or in part, to perform the obligations on its part herein undertaken (other than the obligations relating to the payments to be made under Section 5.01(a)), the City shall not be deemed in default during the continuance of such inability to perform. The term force majeure shall mean, without limitation, acts of God; strikes; work stoppages or similar disturbances; acts of public enemies; orders of any kind of the government of the United States of America or of the State or any of their departments, agencies, or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes, fire; hurricanes; storms; floods; washouts; droughts; arrests; restrain of government and people; civil disturbances; explosions; breakage or accident to machinery or equipment; partial or entire failure of utilities, or any other cause or event not reasonably within the control of the City. The City will, however, use its best efforts to remedy, with all reasonable dispatch, the cause or causes preventing the City from carrying out such obligation; provided, that the settlement of strikes, work stoppages and similar disturbances shall be entirely within the discretion of the City and the City shall not be required to make settlement of such disturbances by acceding to the demands of the opposing party or parties when such course is, in the judgment of the City, unfavorable to the City; or (c) an “Event of Default” shall have occurred under the Resolution. Section 8.02. Remedies on Default. (a) If an event of default referred to in Section 8.01 occurs and is continuing, then and in every such case the Bondholder may, by written notice to the City, take whatever action at law or in equity may appear necessary or desirable to enforce the performance and observance of the obligation, agreement, or covenant of the City then in default under this Contract, whether for specific performance of any covenant or agreement contained herein or therein or in aid of the execution of any power herein granted. No remedy conferred upon or reserved to the Bondholder in this subsection (a) is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy - 67 - Intergovernmental Contract 15 given under this Contract and now or hereafter existing at law or in equity or by statute, subject to the provisions of the Resolution. (b) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Bondholder to exercise any respective remedy reserved to them in this Article VIII, it shall not be necessary to give any notice, other than any notice required herein. (c) Any amounts collected pursuant to action taken under subsection (a) of this Section 8.02 shall be applied in accordance with the Resolution to the extent the provisions of the Resolution relate to such amounts. Section 8.03. Attorneys’ Fees and Expenses. If the City should default under any of the provisions of this Contract and the owners of the Bonds shall employ attorneys or incur other expenses for the collection of the amounts payable hereunder or the enforcement, performance, or observance of any obligation or agreement on the part of the City herein co ntained, the City will, on demand therefor, pay the amount of the reasonable fees and expenses of such attorneys and such other reasonable expenses so incurred. Section 8.04. No Waiver of Breach. If any agreement contained herein should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Section 8.05. City Authorized to Cure Default of Authority. With regard to any default on the part of the Authority under this Contract or under the Resolution, the Authority hereby vests the City with full power, for the account of the Authority, to perform any obligation in remedy of such default in the name and stead of the Authority with full power to do any and all things and acts to the same extent that the Authority could do and perform any such acts. Section 8.06. Failure to Enforce Agreement Not a Waiver. The failure of the Authority or the Bondholder to enforce any agreement, condition, covenant, or term by reason of any default or breach by the City shall not be deemed to void or affect the right to enforce the same agreement, condition, covenant, or term on the occasion of any subsequent default or breach. [END OF ARTICLE VIII] - 68 - Intergovernmental Contract 16 ARTICLE IX PREPAYMENT Section 9.01. Optional Prepayment. The City shall have and is hereby granted, subject to the provisions of the Resolution, the option to prepay all or any portion of the amounts payable under Section 5.01(a), at the times and under the conditions provided for in the Resolution, by taking the actions required by of the Resolution to effect the full or partial redemption of the Bonds. Section 9.02. Exercise of Optional Prepayment. To exercise the option granted in Section 9.01, the City shall give written notice to the Authority and the Bond Registrar of the exercise of such option and a direction to effect redemption of Bonds, which notice shall specify therein (i) the maturity or maturities of the Bonds to be redeemed, (ii) the date of redemption, which date shall not be less than 45 days from the date the notice is given, (iii) the principal amount of the Bonds or portions thereof to be redeemed, (iv) the applicable redemption price or prices, and (v) the provision or provisions of the Resolution pursuant to which the Bonds are to be redeemed. Upon receipt of a notice given by the City pursuant to this Section 9.02, the Bond Registrar shall forthwith take or cause to be taken all actions necessary under the Resolution to effect the redemption of the Bonds in accordance with such notice. [END OF ARTICLE IX] - 69 - Intergovernmental Contract 17 ARTICLE X TERM; MISCELLANEOUS Section 10.01. Term of this Contract. This Contract shall be in full force and effect from the date of delivery hereof until such time as the Bonds shall have been paid or provision for such payment shall have been made in accordance with the Resolution and all payments due or to become due to the Paying Agent and Bond Registrar have been made. Section 10.02. Notices. All notices or other communications required or permitted to be given pursuant to this Contract shall be in writing and shall be considered as properly given if mailed by first-class United States mail, postage prepaid, registered or certified with return receipt requested, by overnight delivery, by delivering same in person to the intended addressee, or by prepaid telegram, telex, or telecopy. Notice so mailed shall be effective three days after its deposit. Notice given in any other manner, including overnight delivery and telecopy, shall be effective only if and when received by the addressee. Each such notice or other communication given hereunder shall be given to all of the other parties. For purposes of notice, the addresses of the parties shall be as set forth herein; provided, however, that hereinafter either party shall have the right to change its address for notice hereunder to any other location within the continental United States by the giving of notice to the other party in the manner set forth hereinabove. If to the Authority: Chatham County Recreation Authority P. O. Box 8186 Savannah, Georgia 31412 Attention: Chairman If to the City: City of Tybee Island, Georgia 403 Butler Avenue Tybee Island, Georgia 31328 Attention: City Manager With a copy to: Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, 10th Floor Savannah, Georgia 31401 Attention: Edward M. Hughes If to the Bond Registrar Paying Agent: Attention: Section 10.03. Binding Effect. This Contract shall inure to the benefit of and shall be binding upon the Authority, the City, and their respective successors and assigns. Section 10.04. Severability. If any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. - 70 - Intergovernmental Contract 18 Section 10.05. Amounts Remaining in Funds. It is agreed by the parties hereto that any amounts remaining in any fund after payment in full of the principal of, premium (if any), and interest on the Bonds (or provision for payment shall have been made as provided for in the Resolution), the fees, charges, and expenses of the Paying Agent and Bond Registrar and all other amounts required to be paid under the Resolution, shall be paid to the City. Section 10.06. [Reserved]. Section 10.07. Delegation of Duties by Authority. It is agreed that under the terms of this Contract and also under the terms of the Resolution, the Authority has delegated certain responsibilities to the City. The fact of such delegation shall be deemed a sufficient compliance by the Authority to satisfy the responsibilities so delegated and the Authority shall not be liable in any way by reason of acts done or omitted by the City or the City Representative. The Authority shall have the right at all times to act in reliance upon the authorization, representation or certification of the City Representative. Section 10.08. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of its Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) to be executed and delivered on the date of issuance and delivery of the Bonds. Notwithstanding any other provision of this Contract, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default hereunder; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the City to comply with its obligations under this Section 10.08. Section 10.09. Amendments, Changes, and Modifications. Subsequent to the initial issuance of the Bonds and prior to the payment in full of the Bonds, this Contract may not be amended, changed, modified, or altered except as provided in Article IX of the Resolution. Section 10.10. Execution Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10.11. Captions. The captions or headings in this Contract are for convenience only and in no way define, limit, or describe the scope or intent of any provisions of this Contract. Section 10.12. Law Governing Construction of Contract. This Contract shall be governed by and construed in accordance with the laws of the State. [END OF ARTICLE X] - 71 - Intergovernmental Contract 19 IN WITNESS WHEREOF, the Authority and the City have caused this Contract to be executed in their respective names and their respective seals to be hereunto affixed and attested by their respective duly authorized officers, all as of the date first above written. CHATHAM COUNTY RECREATION AUTHORITY (S E A L) By: Chairman Attest: Secretary-Treasurer CITY OF TYBEE ISLAND, GEORGIA (S E A L) By: Mayor Attest: City Clerk - 72 - 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. Zoning Variance: consideration of setback encroachment - 701 Butler Avenue – Zone R- 2 - 4-0005-19-009 – Lynn Moody. Withdrawn will be heard Feb 14, 2019 meeting - 73 - MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions                         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: 1/10/2019 Item: Zoning Variance Explanation: consideration of setback encroachment - 701 Butler Avenue – Zone R-2 - 4-0005-19-009 – Lynn Moody. 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: 1/4/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org - 74 - 1 STAFF REPORT PLANNING COMMISSION MEETING: December 17, 2018 CITY COUNCIL MEETING: January 10, 2019 LOCATION: 701 Butler Ave. PIN: 4-0005-19-009 APPLICANT: Lynn Moody OWNER: Lynn Moody EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling ZONING: R-2 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations. PROPOSAL: The applicant is requesting setback variance to add a front porch extension 5.3’ into the front yard setback and move the existing stairs so they extend over 6’ into the side yard setback. ANALYSIS: The applicant is requesting to add more porch outdoor living space. Variance standards require that the applicant meet the following conditions: (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. (3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration. This variance does not meet the above criteria. The applicant would like more outdoor living space but as the property is already developed there is no hardship. The applicant can create outdoor living space on the ground in the setback but the vertical construction is not allowed. Additionally moving the stairs to the side yard would put the stairs significantly closer to the property line than it is currently. The Comprehensive Plan describes the Inland Cottage Neighborhood as follows: This character area describes the traditional neighborhood along the west side of Butler, which contains narrow, tree-lined streets laid out in a grid pattern. The area is varied in land use as it contains permanent residential properties, multi-family homes, rental properties, parks, low-impact commercial establishments, and public buildings. - 75 - 2 Comprehensive Plan – Community Character Area The Inland Cottage Neighborhood Sec. 1.2.6 Recommended Development Strategies Meets Strategy Y/N or N/A 1. New development, redevelopment, and restoration should be consistent with the existing character of the area in terms of mass, scale, use and density N 2. Permit only compatible uses including low density residential, public/institutional, and low impact commercial Y 3. Develop and implement design and architectural standards N/A 4. Implement streetscape improvement to improve the pedestrian/bicycle environment and encourage safety and mobility N/A 5. Historic structures in this area should be restored and/or preserved whenever possible N 6. The City should provide appropriate incentives for historic restoration projects N/A 7. STAFF FINDING This application does not meet the defined criteria for a variance. There is clearly no hardship as the lot is fully developed and usable without additional porch area. Additional outdoor living space can be added at ground level or perhaps they could build up. Staff recommends denial of the petition. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application (5 pages) B. Survey (1 page) C. Site Plan (1 page) D. SAGIS map (1 page) - 76 - - 77 - - 78 - - 79 - - 80 - - 81 - - 82 - - 83 - - 84 - - 85 - - 86 - - 87 - - 88 - - 89 - - 90 - - 91 - - 92 - 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. Minor Subdivision: separating one lot to make two single-family lots - 1809 Chatham Avenue – Zone R-2 - 4-0009-13-009 – Kelley B. Parker. - 93 - MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions                         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: 1/10/2019 Item: Minor Subdivision Explanation: separating one lot to make two single-family lots - 1809 Chatham Avenue – Zone R-2 - 4-0009- 13-009 – Kelley B. Parker. 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: 1/4/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org - 94 - 1 STAFF REPORT PLANNING COMMISSION MEETING: December 17, 2018 CITY COUNCIL MEETING: January 10, 2019 LOCATION: 1809 Chatham Ave. PIN: 4-0009-13-009 & 4-0009-12-009 APPLICANT: Kelley Parker & Jason DeCruz OWNER: Kelley Parker & Jason DeCruz EXISTING USE: Single family dwelling lot and former Alley 1 PROPOSED USE: Two single family lots ZONING: R-2 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Back River District APPLICATION: Minor subdivision plat approval (Sec. 5-140) PROPOSAL: The applicant is requesting minor subdivision approval for a two lot subdivision at 1809 Chatham and adjoining parcel. ANALYSIS: This subdivision would create two lots of a size that meet the requirements of the R-2 zoning district. They will both have sufficient access and will be served by City water and sewer service. Back River Neighborhood: The Back River Neighborhood character area is a unique residential area with waterfront lots and beach access along the Back River. Zoning consists of R-2 and N-M. In addition to the residential use, low impact commercial service uses exist in this neighborhood. Comprehensive Plan – Community Character Area Back River Neighborhood Recommended Development Strategies Meets Strategy Y/N or N/A 1. The boat ramp, marina, and fishing pier are essential elements of the neighborhood and should be preserved. N/A 2. Encourage safer pedestrian mobility N/A 3. Preserve historic structures whenever possible N 4. Preserve the scenic value of the area N/A 5. Provide appropriate incentives for historic restoration projects. N/A 6. Preserve and enhance public access to the beaches and waterways N/A STAFF FINDING This subdivision plat meets all requirements for a minor subdivision. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Subdivision application (5 pages) B. Survey (1 page) C. SAGIS map (1 page) - 95 - - 96 - - 97 - - 98 - - 99 - - 100 - - 101 - - 102 - - 103 - - 104 - 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. Site plan approval consideration of a new Restaurant-1601 Inlet Ave. Zone CI/SE 4- 0008-17-003 Joshua Navon - 105 - MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions                         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: 1/10/2019 Item: Site Plan approval Explanation: consideration of a new restaurant – 1601 Inlet Avenue – Zone C-I/SE – 4-0008-17-003 – Joshua Navon. 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: 1/4/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org - 106 - 1 STAFF REPORT PLANNING COMMISSION MEETING: December 17, 2018 CITY COUNCIL MEETING: January 10, 2019 LOCATION: 1601 Inlet Ave. PARCEL: 4-0008-17-003 APPLICANT: Joshua Navon OWNER: Joshua Navon EXISTING USE: Vacant/formerly retail PROPOSED USE: Restaurant ZONING: C1/SE PROPOSED ZONING: C-1/SE USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: The Strand/Historic Downtown District APPLICATION: Site plan review PROPOSAL: The applicant requests site plan approval to convert the building into a restaurant and add a roof deck. ANALYSIS: The use is allowed by right. The drainage will not improve but will not get worse. There currently is little to no green space on the parcel and none is proposed. The applicant is allowed to add up to 2000 sq. ft. without having to add parking but the removal of the existing parking and loading zone behind the building is not helpful. The Comprehensive Plan describes the Strand/Historic Downtown District in which it lies as follows: This area functions as the traditional Main Street of Tybee Island. The mix of uses includes shopping, restaurant, hotels/lodging, museums/public education, pavilion, and public parking. Comprehensive Plan – Community Character Area The Strand/Historic Downtown District Recommended Development Strategies Meets Strategy Y/N or N/A 1. Future development and redevelopment should be very pedestrian oriented with safe connections to adjacent neighborhoods and commercial areas Y 2. Promote mixed densities of residential development, including upstairs residential over commercial. N 3. Encourage mixed uses to provide for the daily needs of residents and tourists. N 4. Commercial uses should be low intensity and consistent with the existing character. N 5. Encourage development/redevelopment of existing vacant properties and underutilized structures Y 6. Encourage the preservation, restoration and adaptive reuse of historic structures through incentives N/A 7. Beautification and façade improvement projects should be implemented to improve area aesthetics Y 8. Preserve/retain buildings that can house small businesses. Y - 107 - 2 STAFF FINDING The use is allowed in this district. Any loss of parking in this district is difficult. Most service employees live off island and some struggle to find parking during busy times. No effort is made to improve the stormwater runoff from the site and no effort is made to add greenspace. Other than aesthetics staff sees no improvement to the site. Staff recommends denial of the site plan as currently proposed. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Site plan review application B. Site plans C. Property card D. SAGIS map - 108 - - 109 - - 110 - - 111 - - 112 - - 113 - - 114 - - 115 - - 116 - - 117 - - 118 - - 119 - - 120 - - 121 - - 122 - - 123 - - 124 - - 125 - - 126 - - 127 - - 128 - - 129 - - 130 - - 131 - - 132 - - 133 - 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. Zoning Variance: Consideration to cover existing deck that is in setback – 23 Atlantic Avenue – Zone C-1(C) – 4-0008-03-012 – Robert Glisson - 134 - MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions                         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: 1/10/2019 Item: Zoning Variance Explanation: consideration to cover existing deck that is in setback – 23 Atlantic Avenue – Zone C-1(C) – 4-0008-03-012 – Robert Glisson. 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: 1/4/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org - 135 - 1 STAFF REPORT PLANNING COMMISSION MEETING: December 17, 2018 CITY COUNCIL MEETING: January 10, 2019 LOCATION: 23 Atlantic Ave. PARCEL: 4-0008-03-012 APPLICANT: Robert Glissom OWNER: Robert Glissom EXISTING USE: Multifamily PROPOSED USE: Multifamily ZONING: C1/SE PROPOSED ZONING: C-1/SE USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: The Strand/Historic Downtown District APPLICATION: Variance for construction in the setback. PROPOSAL: The applicant requests approval for a roof added to an open deck located entirely within the front setback. ANALYSIS: The applicant added a roof to an elevated deck without a permit. This application is to request permission for work already completed. The Comprehensive Plan describes the Strand/Historic Downtown District in which it lies as follows: This area functions as the traditional Main Street of Tybee Island. The mix of uses includes shopping, restaurant, hotels/lodging, museums/public education, pavilion, and public parking. Comprehensive Plan – Community Character Area The Strand/Historic Downtown District Recommended Development Strategies Meets Strategy Y/N or N/A 1. Future development and redevelopment should be very pedestrian oriented with safe connections to adjacent neighborhoods and commercial areas N/A 2. Promote mixed densities of residential development, including upstairs residential over commercial. N/A 3. Encourage mixed uses to provide for the daily needs of residents and tourists. Y 4. Commercial uses should be low intensity and consistent with the existing character. N/A 5. Encourage development/redevelopment of existing vacant properties and underutilized structures N/A 6. Encourage the preservation, restoration and adaptive reuse of historic structures through incentives N/A 7. Beautification and façade improvement projects should be implemented to improve area aesthetics N/A 8. Preserve/retain buildings that can house small businesses. N/A - 136 - 2 STAFF FINDING The roof is not essential to the use of the deck. The entire addition is in the setback. No permit was applied for prior to the construction. Staff recommends denial of this application. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application B. Survey C. Property card D. SAGIS map - 137 - - 138 - - 139 - - 140 - - 141 - - 142 - - 143 - - 144 - - 145 - - 146 - - 147 - - 148 - - 149 - - 150 - - 151 - - 152 - - 153 - 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. Site Plan Approval: consideration of new building for pool restrooms -19 Silver Ave. - Zone C-1 -4-0008-06-015 -Walt Freeman - 154 - MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions                         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: 1/10/2019 Item: Site Plan approval Explanation: consideration of new building for pool restrooms – 19 Silver Avenue – Zone C-1 – 4-0008-06-015 – Walt Freeman. 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: 1/4/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org - 155 - 1 STAFF REPORT PLANNING COMMISSION MEETING: July 16, 2018 CITY COUNCIL MEETING: August 9, 2018 LOCATION: 19 Silver Ave. Parcel # 4-0008-06-015 APPLICANT: Walt Freeman OWNER: Walt Freeman EXISTING USE: Private pool PROPOSED USE: Private pool ZONING: C1/SE PROPOSED ZONING: C-1/SE USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: The Strand/Historic Downtown District APPLICATION: Site plan review PROPOSAL: The applicant requests site plan approval to renovate an existing private pool. A proposed new structure for bathrooms will be attached. ANALYSIS: This site has been underutilized for many years. The pool has been beautifully repaired. The existing buildings are also in need of repair. The new bathroom building would add a necessary amenity to the site. The entire site is nonconforming currently. The plan includes adding a bicycle rack, an ADA chairlift, improved drainage, improved screening, and some greenspace. The pool is planned to be used by customers of the owner’s short term rental business and not be opened to the public. The Comprehensive Plan describes the Strand/Historic Downtown District in which it lies as follows: This area functions as the traditional Main Street of Tybee Island. The mix of uses includes shopping, restaurant, hotels/lodging, museums/public education, pavilion, and public parking. Comprehensive Plan – Community Character Area The Strand/Historic Downtown District Recommended Development Strategies Meets Strategy Y/N or N/A 1. Future development and redevelopment should be very pedestrian oriented with safe connections to adjacent neighborhoods and commercial areas Y 2. Promote mixed densities of residential development, including upstairs residential over commercial. Y 3. Encourage mixed uses to provide for the daily needs of residents and tourists. Y 4. Commercial uses should be low intensity and consistent with the existing character. Y 5. Encourage development/redevelopment of existing vacant properties and underutilized structures Y 6. Encourage the preservation, restoration and adaptive reuse of historic structures through incentives N/A 7. Beautification and façade improvement projects should be implemented to improve area N/A - 156 - 2 aesthetics 8. Preserve/retain buildings that can house small businesses. Y STAFF FINDING The use is allowed in this district but with the changing lodging market, this will essentially be a “hotel” pool for several remote sites. This site is in definite need of upgrade. This is a small lot with a large pool. The existing pool and deck makes it difficult to develop this site for any other use. Staff feels that given the existing structure the applicant is proposing significant improvements that will be better for all neighboring properties. Staff recommends approval. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Site plan review application B. Site plans C. Property card D. SAGIS map - 157 - - 158 - - 159 - - 160 - - 161 - - 162 - - 163 - - 164 - - 165 - - 166 - - 167 - - 168 - - 169 - - 170 - - 171 - - 172 - - 173 - - 174 - - 175 - - 176 - - 177 - - 178 - - 179 - - 180 - 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. Map & Text Amendment: consideration of zoning use change from RT To C-2 -Lot 68B Lewis Ave. -Zone RT -4-0003-06-002B -Julie A. Livingston - 181 - MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions                         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: 1/10/2019 Item: Map & Text Amendment Explanation: consideration of zoning use change from RT to C-2 – Lot 68B Lewis Avenue – Zone RT – 4-0003-06-002B – Julie A. Livingston. 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: 1/4/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org - 182 - 1 STAFF REPORT PLANNING COMMISSION MEETING: December 17, 2018 CITY COUNCIL MEETING: January 10, 2019 LOCATION: Parcel 4-0003-06-002B APPLICANT: Julie Livingston OWNER: Annette Bergman EXISTING USE: Empty lots PROPOSED USE:Commercial ZONING: R-T PROPOSED ZONING: C-2 USE PERMITTED BY RIGHT: With rezoning COMMUNITY CHARACTER MAP: Marshfront Neighborhood APPLICATION: Map and text amendment from R-T to C-2. PROPOSAL: The applicant is requesting to change zoning from R-T residential tourist C-2 to allow for commercial uses. ANALYSIS: This lot is zoned R-T and is the only R-T zoning in the area. The lot across the street is C-2, the lots to the north are C-2, the lots to the east are C-2 and R-2, the R-2 lot being city owned marshland and the lot to the south is zoned R-1B but is a city owned utility parcel. The Comprehensive Plan describes the Marshfront Neighborhood in which it lies as follows: Along the marshfront exist residential uses of various ages, sprinkled with intermittent commercial uses. Zoning classifications are R-1, R-1B, R-2, and E-C. Providing natural habitat, scenic views, and access to the water via docks and creeks, natural resources here require special consideration. The description does not mention that there is C-2 zoning in this area. Comprehensive Plan – Community Character Area The Marshfront Neighborhood Recommended Development Strategies Meets Strategy Y/N or N/A 1. Permit only uses compatible with the area character Y 2. Permit only uses that will not adversely affect/impact the marsh environment Y 3. Enforce marsh buffer ordinance within the area Y 4. Prioritize tree preservation to protect the scenic and habitat value of the area Y - 183 - 2 STAFF FINDING Staff is unsure why this lot is zoned R-T but it is inconsistent for the area. The proposed C-2 zoning would be compatible with the surrounding lots on three sides and the city lot to the south will act as an additional buffer for the R-1B neighborhood to the south. Staff recommends approval This Staff Report was prepared by George Shaw. ATTACHMENTS A. Map Amendment application (3 pages) B. Photographs (2 pages) C. Property card (2 pages) D. SAGIS map (1 page) - 184 - - 185 - - 186 - - 187 - - 188 - - 189 - - 190 - - 191 - - 192 - - 193 - - 194 - 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. 20181217 PC MINUTES - 195 - 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 December 17, 2018 Chair Bishop called the December 17, 2018 Tybee Island Planning Commission meeting to order. Commissioners present were Tina Gann, Marianne Bramble, Alan Robertson, David McNaughton, Ron Bossick and Charles Matlock. Consideration of Minutes: Chair Bishop asked for consideration of the November 19, 2018 meeting minutes. Alan Robertson made a motion to approve with changes he addressed with planning staff. Vice Chair Ron Bossick seconded. The vote to approve was unanimous without Charles Matlock’s vote; he was not present at the November 19 meeting. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. David McNaughton asked to recuse himself from agenda item five the Map & Text Amendment for 68B Lewis Avenue, and asked to leave the commission to address this application from the floor as an interest party. Old Business: Chair Bishop asked if there was any old Business. There were none. New Business: Minor Subdivision: separating one lot to make two single-family lots - 1809 Chatham Avenue – Zone R-2 - 4-0009-13-009 – Kelley B. Parker. George Shaw stated this area was actually two lots before, one smaller and one larger and now they are moving the lot line to make two conforming lots. This does meet the requirements of the Land Development code and both lots have access and drainage. Staff recommends approval. David McNaughton asked why the dunes were not marked on the minor subdivision map. George Shaw stated that is not required on a survey to be recorded at the courthouse. Ron Bossick asked if the city engineer looked at storm water capacity of where they are tying in. George Shaw stated the city put a pipe in recently to help with water flow, but they could not get a big enough one in that area. The owners of this property will be putting in some tide flaps so the water does not go on the property from the pipe. The pipe may not be suitable for all of the properties along Chatham to drain into especially at high tide. Demery Bishop stated the standing water on that property is a concern. George Shaw stated the applicant’s drainage plan would help the property drain. The Residents at 1811 Chatham Avenue have the right to tie into that pipe; they have not yet done so. Frank Kelly who lives at 1706 Inlet Avenue, Tybee Island, approached the Planning Commission and stated there is definitely a water issue at Ally 3 located beside this property. The water always sits there. He stated he thinks it is a wetland because the water looks blue which is a sign of a swamp or wetlands. In addition, he is concerned the water would come towards Inlet Avenue if they drain that water off that area. - 196 - DRAFT David McNaughton made a motion to approve with the condition to determine whether there are wetlands on the property. Alan Robertson seconded. The vote to approve was unanimous. Zoning Variance: consideration of setback encroachment - 701 Butler Avenue – Zone R - 2-4- 0005-19-009 – Lynn Moody. George Shaw stated this applicant would like to add an addition to the existing front porch. The porch currently is not in the setback, it is a little over twenty-four feet from property line. They would like to encroach into the front setback about five feet and the side setback with a new set of stairs as much as seven feet. Staff recommends denial. Vice Chair Ron Bossick stated in Sec.3-050 – “Obstruction to visions at street intersections”. Was that measurement done for this application. George Shaw stated he has not looked at that and certainly would if this is approved before construction. Lynn Moody who lives at 701 Butler Avenue, Tybee Island, approached the Planning Commission and stated he would like to expand the porch 220 square feet to accommodate his expanding family, who all love to sit on the porch at the same time. Marianne Bramble asked if the steps were encroaching when he purchased the property. Lynn Moody stated yes, we purchased the house in 2010. In addition, did some construction to it at that time. He stated during that time the City asked him to cut the steps back three feet, which he did. Alan Robertson stated there has been more and more variance request in the past couple of years and he would like to remind the commission about the risk of waking up one day and the density on the Island will be exhausted. Alan Robertson made a motion to deny. David McNaughton seconded. The vote to deny was unanimous. Zoning Variance: consideration to cover existing deck that is in setback – 23 Atlantic Avenue – Zone C-1(C) – 4-0008-03-012 – Robert Glisson. George Shaw stated this property has a second floor porch that extends well into the setback and has been there a long time. Additional construction is not allowed by code. The roof was added without a building permit. When it was discovered, he was told it was not allowed and had to seek a variance to keep the roof. Staff recommends Denial. Robert Glisson, who lives at 23 Atlantic Avenue Tybee Island, approached the Planning Commission and stated he has been on Tybee since 1956 and has built several places on Tybee by code. He stated he built the house at 23 Atlantic Avenue the same time he put in the amusement park on Tybrisa and used it to store the rides, then later his help needed to stay there. He stated a few weeks ago, he had a crew painting the building and it was so hot he decided to have them go ahead and put a roof over the porch for shade. Then he had a curtesy inspection by the county inspector and was told how to build the roof the right way. He went the next day to get the permit and that is when Planning and Zoning told him he could not build the roof because it was in the setback and needed to ask for a Variance. Charles Matlock made a motion to deny. Alan Robertson seconded. Voting in favor were Alan Robertson, Vice Chair Ron Bossick and Charles Matlock. Voting against were David McNaughton, Tina Gnann and Marianne Bramble. Motion tied 3-3. Chair Demery Bishop voted for the motion. Motion to deny carried 4 to 3. Site Plan approval: consideration of a new restaurant – 1601 Inlet Avenue – Zone C-I/SE – 4- 0008-17-003 – Joshua Navon. George Shaw stated the applicant would like to take the old post office building and turn it into a restaurant. The biggest concern is the parking. The code allows for a structure less than 2,000 square feet to not have to add parking if there within 1,000 feet of public parking in the C-1 district. He stated when he measured it was slightly over 2,000 but the applicant informed him that the interior useable space of the building is just less than 2,000 square feet. Technically, with that measurement they meet that requirement for not having to have parking. There are a couple spaces in the front of the building. The back is mainly a loading unloading area. The applicant plans to put decking in the back area. Staff does not recommend approval. Vice Chair Ron Bossick asked if the loading dock was included in that square footage, because the way the code reads it should be included. In addition, with that area the building would be over the 2,000 square foot. George Shaw stated he did not include that area and now thinks it should have been included in the square footage and he will check on that again. Vice Chair Ron Bossick stated the proposed site plan shows decking - 197 - DRAFT completely in the back area. Where will the loading and unloading take place and where will they place the dumpsters. Keith Gay of Tybee Beach Vacation rentals, approached the Planning Commission and stated he was here on behalf of Mr. and Mrs. Gosner of 1603 Lovell Avenue across the street and also Mr. and Mrs. Pomeroy who live at 1601 Lovell Avenue north side of the this property. The concerns these neighbors have is the noise and traffic that this new business will contribute to that space. Mark Reed, who lives at 1515 Lovell Avenue Tybee Island, approached the Planning Commission and stated he lives caddy corner to 1601 Lovell Avenue and he wanted to address some things for the Planning Commission to consider. They are noise, trash and water. He stated there is already a noise problem in that area from the other restaurants, this will add more. The trash that falls out of the dumpsters from the other restaurants blows down the street and sits there. In addition, the drainage from the cleaning supplies gunk from the deck will be draining to the street and ocean. Joshua Navon who lives at 6 White Oak Lane, Tybee Island, approached the Planning Commission and stated that according to his Engineer and Architect the building is under the square footage that is allowed to not require parking. He also stated this would be a family seafood restaurant not a nightclub. His wife will be the chef for the restaurant. Tina Gann asked how he would make the neighbors happy. Joshua Navon stated he would do whatever is needed to keep the neighbors happy. Vice Chair Ron Bossick stated there are too many inconsistencies in the square footage for this building. Alan Robertson made a motion to deny. Tina Gann seconded. Voting in favor were Alan Robertson, Tina Gann, Vice Chair Ron Bossick, Marianne Bramble and Charles Matlock. Voting against was David McNaughton. Motion to deny carried 5 to 1. Map Amendment & Text Amendment: consideration of zoning use change from RT to C-2 – Lot 68B Lewis Avenue – Zone RT – 4-0003-06-002B – Julie A. Livingston. George Shaw stated that the applicant would like to change the zoning on this lot that is the third lot down Lewis Avenue from Highway 80. The first two lots are already C-2 and this third lot which is lot 68B is zoned R-T. He stated he could not find any record of why it was zoned R-T. For consistency, sake staff recommends approval. Steve Knutson, who lives at 116 Lewis Avenue, approached the Planning Commission and stated the two lots in front of the lot in question are about 341 feet down Lewis Avenue into the neighborhood from Highway 80. There are four houses directly across from this property that will be impacted by this change as well as others. There has been talk that a miniature golf might be going in this spot. He is very concerned about noise and what might go in that area if the mini golf does not do well. David McNaughton who lives at 144 Lewis Avenue Tybee Island, approached the Planning Commission and stated that the staff report suggest that R-T is an inappropriate zoning for this lot and C-2 would be more appropriate. He stated that seventeen years ago residents of Lewis Avenue petitioned the City to rezone the street from R-2 to R-1-B to preserve the lower density of Lewis Avenue. Then there was a Council meeting on April 13 of 2000, with the owner of lot 68A & lot 68B he asked Council to rezone both lots from R-2 to C-2. At that meeting, there was an objection that it would push the commercial into Lewis Avenue more than 300 feet. The result of that was to rezone 68A to C-2 and 68B to R-T. Tybee code describes R-T as “a district where tourist and residence can mix, but primarily residential.” In addition, the C-2 designation states “intended for location along arterial streets or the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized.” The definition for Arterial streets reads “those used or intended primarily for fast or heavy traffic.” Right now Highway 80’s speed limit is 35 and Lewis Avenue’s speed limit is 20. That means Lewis Avenue is not an arterial street and not worthy of C-2 zoning. He asked the Planning Commission to recommend the City Council deny the re- zoning request. Dee McCoy Hunter who owns 161 Lewis Avenue Tybee Island, approached the Planning Commission asked that the Planning Commission deny the Map amendment. She stated the commercial development would bring higher density traffic to an already very narrow street that is very residential. Fran Galloway, who lives at 153 Lewis Avenue Tybee Island, approached the Planning Commission and stated this rezoning would be more devastating to our homes and neighborhood than the disasters Lewis Avenue has already been through. Janice Insley, who lives at 168 Lewis Avenue Tybee Island, approached the Planning Commission and stated that she bought her home in 1992 and at that time, it was full time - 198 - DRAFT residence and families. She stated this would change the character of the neighborhood and most of the residences do not want any kind of business on that street. Sherry Simmons, who lives at 1311 Sixth Avenue Tybee Island, approached the Planning Commission and stated she is here to represent a friend Colleen Bozard who lives at 139 Lewis Avenue Tybee Island. She stated they bought their home on Lewis Avenue for the strong neighborhood feeling and they are very concerned that any kind of business on Lewis Avenue will threaten that small community. In addition, the street is very narrow. Thomas Lee Jr., who lives at 7 Naylor Avenue Tybee Island, approached the Planning Commission and stated he is speaking on behalf of his parents Thomas & Sybil Lee who own 105 Lewis Avenue Tybee Island, that is across from lot 68B and they are planning to build a new home there soon. They strongly oppose this rezoning. Chair Demery Bishop read a letter that was sent to him from Mr. & Mrs. Lee opposing the rezoning. He also read a letter from Celeste Crane indicating that she owns the house at 107 Lewis Avenue Tybee Island. She stated she is very opposed to the rezoning. Angie Hill who lives at 55 Deerwood Road, Wilmington Island and Beau Livingston, who lives at 801 First Street Tybee Island, approached the Planning Commission and stated they are representing the applicants and they stated the business they want to put on this property is a family style venue. They stated lot 68B would be used for parking, family picnic area and buffers. In addition, all of the concerns from the community can be addressed on the site plan later if this is approved. Deborah Harrell, who lives at 133A Lewis Avenue Tybee Island, approached the Planning Commission and stated Lewis Avenue cannot handle any more traffic. Fidelia Fowler, who lives at 7B Village Place Tybee Island, approached the Planning Commission and stated she thinks this is a bad idea for that area because of how much encroachment there is into the residential area. Vice Chair Ron Bossick made a motion to deny. Tina Gann seconded. Voting in favor were Alan Robertson, Tina Gann, Vice Chair Ron Bossick and Charles Matlock. Voting against was Marianne Bramble. Motion to deny carried 4 to 1. David McNaughton recused himself so he did not vote. Site Plan approval: consideration of new building for pool restrooms – 19 Silver Avenue – Zone C-1 – 4-0008-06-015 – Walt Freeman. George Shaw approached the Planning Commission and stated this applicant is trying to update this property and would like to use this pool for his vacation rental guest. He would like to add greenspace to reduce runoff on the three sides and a new building for restrooms. Staff recommends approval. Alan Robertson asked if the building that was in the setback going to be moved back. George Shaw stated that building was removed and he would like to put a new building in the same area. Alan Robertson also asked if the drainage would be sufficient. George Shaw stated yes the City Engineer stats that in his letter. Vice Chair Ron Bossick asked how the pool designation (private pool) was arrived. George Shaw stated he used that because it is not a public pool for everyone. Marianne Bramble stated this applicant came to us a couple months ago with ideas but no plan and now he is back with a plan. He did as we requested and it looks like a good plan. Sondra Perry who lives at 17 Silver Avenue, Tybee Island approached the Planning Commission and stated that she is very excited about this pool and this new owner. The owner before did not take care of the property. Walt Freeman and Summer Roberson, who live at 129 Lewis Avenue, approached the Planning Commission. Summer Roberson stated they are seeking approval for the reconstruction and repairs at 19 Silver Avenue. Vice Chair Ron Bossick asked if they have been in contact with Chatham County about the pool requirements. Walt Freeman stated he has been in touch with Chatham County and the Health Department on what he needs to do through them. Keith Gay of Tybee Beach Vacation Rentals approached the Planning Commission and stated that he is all for this renovation and it would really improve the area. Alan Robertson made a motion to approve. Charles Matlock seconded. The vote to approve was unanimous. Adjournment: Vice Chair Ron Bossick. Marianne Bramble seconded. Meeting adjourned at 10:30pm. Lisa L. Schaaf - 199 - 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. Alcohol License Request - Critz Tybee Run Fest, February 1 and 2, 2019 - 200 - - 201 - - 202 - - 203 - 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. 2019 Agenda Request-Special Event: Mardi Gras Tybee March 2, 2019 - 204 - - 205 - - 206 - - 207 - 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: 21. Out-of-state travel being requested for the Development Authority/Main Street Executive Director to attend the annual National Main Street Conference being held in Seattle, Washington March 25 – 27, 2019. - 208 - MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions CITY OF TYBEE ISLAND CITY MANAGER Dr. Shawn Gillen CLERK OF COUNCIL Jan 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: 1/10/19 Item: Out-of-state travel being requested for the Development Authority/Main Street Executive Director to attend the annual National Main Street Conference being held in Seattle, Washington March 25 – 27, 2019. Explanation: The purpose of this agenda request is for consideration to approve out-of-state travel for the Dev’l Authority/Main Street Executive Director to attend the annual Main Street Now Conference. Budget Line Item Number (if applicable): Travel & Related (100-7300-52-3500), Education & Training (100-7300-52-3700) Supporting Documentation: X Attached* _____ Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Chantel Morton, Development Authority/Main Street Executive Director Phone/Email: 912-472-5071/cmorton@cityoftybee.org Date given to Clerk of Council 1/3/19 - 209 - Login Contact Us About Us Main Street America Programs Main Street Impact Members Area Join Renew Donate Main Street Now The premier historic preservation-based community revitalization conference. - 210 - About the Main Street Now Conference The Main Street Now Conference is a one-of-a-kind event, providing attendees with an opportunity to convene and learn about the innovative methods and practices that make the Main Street Approach® one of the most powerful economic development tools in the nation. Whether you hail from an urban business district, small rural downtown, or some place in between, you will find real solutions to common problems and techniques to help position your Main Street Program and your community to thrive. Who attends the conference? Main Street Now attracts professionals in preservation-based, economic development and community revitalization, including both experienced and new downtown and neighborhood Main Street directors, volunteers, architects, planners, economic development professionals, public officials, volunteers, and consultants. What does the conference offer you? People from urban neighborhood business districts, small and rural towns, suburban communities, large and midsized cities, will all benefit from ideas, solutions, issue discussion, and networking opportunities that only we offer. Save the Date Join us March 25 - 27 in Seattle for Main Street Now 2019! We will explore Main Street programs from the inside out, centering on the hard-work of the staff and board, transformative external partnerships, and the myriad of ways in which communities come together on Main Streets. With beautiful Seattle and its surrounding communities as our living laboratory, Main Street Now will leave you feeling inspired and equipped with solutions - 211 - Three full days of learning and networking opportunities Daylong Main Street Approach® training; Mobile workshops where attendees learn from revitalization successes and challenges in our host city and surrounding Main Street communities; Expo Hall filled with product and service providers specializing in commercial district revitalization; and Opportunities to network with colleagues who are experiencing similar successes and challenges in their communities. Check out our Main Street Now Conference pages on Facebook and Twitter to keep up- to-date on the latest conference news. to help you in your work. LEARN MORE Explore Past Conferences 2018 - Kansas City 2017 - Pittsburgh, Penn. - 212 - Contact Us P 312.610.5613 F 202.588.6050 mainstreet@savingplaces.org The National Main Street Center, Inc. 53 West Jackson Blvd., Suite 350 Chicago, IL 60604 About Us Main Street America has been helping revitalize older and historic commercial districts for more than 35 years. Today it is a network of more than 1,600 neighborhoods and communities, rural and urban, who share both a commitment to place and to building stronger communities through preservation-based economic development. Main Street America is a program of the nonprofit National Main Street Center, Inc., a subsidiary of the National Trust for Historic Preservation. MAIN STREET AMERICA The Movement The Approach The Programs Success Stories Main Street Awards State of Main: Winter 2018 OUR WORK Meet the Team Project Spotlight Partners & Supporters HOW WE CAN HELP Main Street Now Conference Main Street America Institute Resource Center Technical Services UrbanMain Main Street Insurance Allied Services Directory Members Area GET INVOLVED Become a Member Subscribe Career Center THE POINT  Privacy Policy | Terms of Use | © 2018 The National Main Street Center. All Rights Reserved. Site Designed by Brightfind and Powered by Higher Logic - 213 - Schedule At-A-Glance: As you make travel plans for Main Street Now 2019, please note that the conference officially begins on Monday, March 2 5, 2019, with pre-conference sessions and meetings starting Sunday, March 23 , 2019. This schedule is subject to change. Sunday, March 24 7:30 a .m.–5:00 p.m. Mobile Workshops* 8:30 a.m.–5 :00 p.m. Main Street Coordinators Meeting 9 a.m. – 4:00 p.m. Main St reet Preservation Short Course 10:0 0 a.m.–5:0 0 p.m. MSAI Leadership Development Workshop (Day 1 of 2)* 12:00 –5 :00 p.m. Main Street 101 Monday, March 25 8:30 a.m. – 12:00 p.m. Main St reet Coordinators Meeting 7:00 –7:3 0 a.m. Fun Run in Downtown Seattle 7:30 a.m.–1:00 p.m. Mobile Workshops* 8:00 a.m.–1 :0 0 p.m. MSAI Leadership Development Workshop (Day 2 of 2)* 8:30–9:15 a.m. Crash Courses 9:00 a.m.–12:00 p.m. Deep Dive / Round Table 9:30–10:15 a.m. Crash Courses 10:30–11:15 a.m. Crash Courses 11:30 a.m.–12:15 p.m. Crash Courses 12:30–2 :00 p.m. Lunch on your own 2:30–4:00 p.m. Opening Plenary 4:00 –5:15 p.m. Opening Reception Tuesday, March 26 1:00 –5:00 p.m. Mobile Workshops* 8:00 a.m.–5:00 p.m. Exhibit Hall Open 8:15–9:30 a.m. General Session 9:45–11 :00 a.m. Classroom Sessions 11:15 a.m.–12:00 p.m. Crash Courses 12:00–1:30 p.m. Lunch on your own 12:00–1 :30 p.m. Civic Leaders Forum † 1:45–3:00 p.m. Classroom Sessions 3:15–4:00 p.m. Crash Courses 4:00–5:00 p.m. Exhibitor Reception Wednesday, March 27 7:00–7:30 a.m. Fun Run in Downtown Seattle 8:00 –10:15 a .m. Exhibit Hall Open 8:00 a.m.– 3:45 p.m. Mobile Workshops* 8:30–1 0:00 a .m. General Session 10:15 –11:30 a.m. Classroom Sessions 11:30 a .m.–1:00 p.m. Lunch on your own 1:15–2:30 p.m. Classroom Sessions 2 :45–3 :30 p.m. Crash Courses 3:45–5:00 p.m. Closing Plenary 6:00–10:30 p.m. Big Bash* *Requires additional registration † All Civic Leaders will be invited to attend - 214 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 10 Secrets from a Secret Shopper Alysia Cook, PCED, IOM, Opportunity Strategies LLC A Sense of Place: The Intersection of Mayors and Main Street John Robert Smith, Transportation For America Activating Community: The Roslyn Yard Proposal Jim Nicholls, Uinversity of Washington, Department of Architecture, College of Built Environments Stacy Cannon, Uinversity of Washington Chris Martin Jennifer Basterrechea Activating Youth Voice to Revitalize a Community Stephanie Michel, North 5th Street Revitalization Project Kimberly Rodriguez, North 5th Street Revitalization Project Vanahi Diaz, North 5th Street Revitalization Project James Onofrio, Philadelphia Commerce Department Addressing Seismic Threats to Our Most Vulnerable Neighborhoods Erika Lund, City of Seattle Office of Emergency Management Bradley Padden, Anew Apartments Maiko Winkler-Chin, Chinatown International District Preservation and Development Authority Chuck Depew, National Development Council Advocacy Superheroes: Creating Change for Your Main Street Sarah Grunewaldt, Main Street Washington Abby Huff, Hobart Historic Restoration Renee Kuhlman, National Trust for Historic Preservation After the Conference: How to Make it Happen! Diana Schwartz, River District Association Rebecca Rowe, Virginia Main Street Airbnb Housing Downtown: The Galena, Illinois Experience Mike Jackson, Upstairs Downtown Dan Carmody, Eastern Market Corporation - 215 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Aligning Your Plan of Work with Your Community’s Vision for Downtown Brantley Snipes, Brantley Snipes Landscape & Design, Inc. / Main Street Greenwood, Inc. Jan Miller, Mississippi Main Street Association Any Size Downtown—Anywhere— Can Become a Destination Downtown Jon Schallert, The Schallert Group, Inc Artists on Main Street: A Model for Creative Community Development Michele Anderson, Springboard for the Arts Megan Flanagan, City Center Partnership Emily Kurash, Winona Main Street Kelly Nygaard, Faribault Main Street Avoiding Stress, Burnout, and Other Job Hazards (with Humor!) Jennifer Rose, Downtown Diva Becoming #IdeaFriendly: Crowdsourcing the Future of Your Town Becky McCray, SaveYour.Town Beers, Brains, and Ballrooms: Programming Matters Nicholas Vann, Washington State Department of Archaeology + Historic Preservation Mike McMenamin, McMenamins Rory Turner, Commercial Real Estate Services Michael Sullivan, Artifacts Consulting, Inc Brand Score: Measuring the Effectiveness of Your Messaging Ben Muldrow, Arnett Muldrow & Associates Breaking the “Black Box” of Economic Impact: A Tutorial on IMPLAN Leslie Deacon, Jon Stover & Associates Jon Stover, Jon Stover & Associates - 216 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Brownfields Resources: Now is the Time! Blase Leven, Kansas State University Rachel McIntosh, Cross Sector Convergence, LLC, a KSU TAB Partner Ignacio Dayrit, Center for Creative Land Recycling Build Positive Proximity with a Statewide Book Club Douglas Jackson, Virginia Department of Housing and Community Development Rebecca Rowe, Virginia Main Street Building Beyond the Façade: Layering Downtown Spillover Investment Tash Wisemiller, Montana Department of Commerce Huston Gibson, Department of Landscape Architecture and Regional & Community Planning College of Architecture, Planning & Design Kansas State University Micky Zurcher, Helena Business Improvement District Building Resiliency on Main Street: Trends in Consumer Preference, Technology, and the Economy Jon Stover, Jon Stover & Associates Aaron King, Jon Stover & Associates Catalyst Projects Yield Extraordinary Results for Downtowns Donna Ann Harris, Heritage Consulting Inc. Isaac Kramer, Downtown Metuchen Alliance Alex Balloon, Tacony Community Development Corporation James Harry Calamba, Roxborough Development Corporation Civility on Main Street: What Does This Mean for Engagement, Democracy, and Downtown? Anne Ball, Maine Development Foundation Jan Kearce, Maine Development Foundation Collaborative Cultural Tourism: Drawing Visitors Who Love Main Streets Delilah Poupore, Heart of Biddeford Anne Ball, Maine Downtown Center Abbe Levin, Maine Office of Tourism - 217 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Combating the Brain Drain: Retaining Students in Your Community Jessica Buchholz, Emporia Main Street, Inc. James Willingham, Emporia State University Creating Treasured Places—Re- imagining Port Townsend’s "Main" Street Mari Mullen, Port Townsend Main Street Program Laura Parsons, City of Port Townsend Samantha Thomas, Independent Consultant Kris Nelson, Port Townsend Main Street Program Crowdfunding for Placemaking: The Successes and Challenges Jenn Cartee, Greater Ashmont Main Street Ed Gaskin, Greater Grove Hall Main Streets Cultivating Community to Save a Theatre Anne-Marie Knighton, Town of Edenton Jennifer Harriss, Destination Downtown Edenton, Inc. Diverse Revenue Streams: Going Beyond Traditional Sponsorship Christine Manzella, Boonton Main Street Dogs Downtown: Best Practices for Main Street Pets Britin Bostick, Stewardship Strategies, LLC Downtown Collaborations: Using Transformation Strategies to Unite Stakeholders Josh Adam, Owosso Main Street/DDA Tracey Peltier, Downtown Owosso Farmers Market Robert Doran, Owosso Historical Commission - 218 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Downtown Pedlets: Walking through an Outdoor Dining Transformation Joan Redeen, Great Falls Business Improvement District Kellie Pierce, Downtown Great Falls Association Economic Development on Main Street Joe Borgstrom, Place & Main Advisors, LLC Enabling Better Places: Zoning Reform for a Stronger Main Street Lynn Richards, Congress for the New Urbanism Susan Henderson, PlaceMakers, LLC Mary Madden, Ferrell Madden Luke Forrest, Michigan Municipal League Exit Stage Right: Helping Your Businesses Develop a Sucession Strategy Hialry Greenberg, Greenberg Development Services Robin Bostrom, Main Street Iowa Eyesore or Asset? Downtown Revitalization and Mid-Century Buildings Caroline Wilson, MacRostie Historic Advisors Fill the Hole! Lessons Learned in Partnership and Infill Development Trey Sherwood, Laramie Main Street Sarah Reese, City of Laramie Marla Petersen, Big Hollow Food Coop From Ignored Spaces to Third Places Errin Welty, WEDC/Wisconsin Main Street Todd Scott Funding Apartments with Federal Grants Chris Wilson, Bartlesville Redevelopment Trust Authority Steven Watts, Addax Development GAMSA: Now and Then and In Between Jim Miller, Historic Valley Junction Foundation Dan LoBianco, Dubuque Main Street Carol Lilly, Community Main Street Deb Sprecker, Woodbine Main Street - 219 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 GAMSA: Taking Your Community to the Next Level 2019 GAMSA Winners 2019 GAMSA Winners 2019 GAMSA Winners Go Live! Volunteer Recruitment & Coordination for Today's Main Street Organization Kaylee Williams, VolunteerLocal Golden Nuggets: Sharing Success through Storytelling Gayle Langley, Colorado Main Street Matt Ashby, Ayres Associates Ben Muldrow, Arnett Muldrow & Associates Growing Green: Nature, Spending, and Main Streets Jacob Blue, Ayres Associates Inc D. Bruce Morrow, Ayres Associates Inc Harnessing Place: Placemaking for Learning, Creativity, and Economic Development Laura Torchio, Project for Public Spaces Nate Storring, Project for Public Spaces Holiday Decor: Types, Tips, and Timing Amy Meadows, Windows Matter Host a Retail Challenge and Fill Your Vacant Storefronts Megan Tsui, Red Wing Downtown Main Street Housing Matters for Your Community, Downtown, and Historic Preservation Jim Thompson, Main Street Iowa Michael Wagler, Iowa Economic Development Authority - 220 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 How $5 Can Change a Community Jake Dougherty, Wheeling Heritage Alex Weld, Wheeling Heritage How to Generate Revenue through Marketing Partnerships (AKA Sponsorship) Sylvia Allen, Allen Consulting, Inc. How to Help Your Businesses Win at Marketing Isaac Kremer, Metuchen Downtown Alliance Jane Meyer, Central Jersey SCORE Noelle Starry, 20 Lemons Susan Wilcox, Edynamic Marketing LLC How to Prevent Development... On Purpose or By Mistake Michael Wagler, Main Street Iowa/Iowa Economic Development Authority Jim Thompson, Main Street Iowa/Iowa Economic Development Authority Inside Out: Creating and Maintaining Authenticity Daniel Carmody, Eastern Market Corporation Vivian Carmody, Bekley DDA It’s Hard But We Can Handle It: Tools for Building Community, Consensus, and Collaboration in a Difficult World Jacqueline Wolven, Main Street Eureka Springs/JacquelineWolve n.com Keep, Combine, or Kill: Evaluating Your Downtown Event to Determine Its Future Suzanne Perreault, Michigan Main Street | MEDC Leveraging the Experience Economy to Strengthen Your Downtown Sharon Yazowski, Mortimer & Mimi Levitt Foundation - 221 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Lighter, Quicker, Cheaper: Demonstration Project Best Practices Kate Herzog, Downtown Bismarck Community Foundation Dawn Kopp, Downtown Business Association of Bismarck Main Street Stories: Fostering Engagement Through Video Stories Joe Frost, Oakland County Main Street Success: Business Attraction and Retention Strategies Charles Parker, The Retail Coach Jenny Boulware, Municipal Association of South Carolina Alex Flachsbart, Balch & Binghan, LLP / Main Street Alabama Board of Directors Andy Arnes, City of Shelton Main Streets Assemble! Finding Your Downtown Heroes! Kristi Trevarrow, Downtown Rochester Ron Drake, Ron Drake Consulting Make It Rain at Your Events Marissa McGrath, Downtown Bellingham Partnership Lindsey Payne- Johnstone, Downtown Bellingham Partnership Makin' Green by Goin' Green! Lisa Johnson, Culture Couture/ Montclair BID Modernizing Main Street: The Story of Mid-Century design Michael Houser, WA State SHPO Moving from Strategic Planning to Strategic Doing Darrin Wasniewski, Wisconsin Economic Development Corporation - 222 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Optimizing Main Street with Pedestrian and Vehicle Data Jonathan Stone, Downtown Oregon City Association Organizations Shouldn't Be Ordinary, Be Extraordinary! Mary DesMarais, Gig Harbor Downtown Waterfront Alliance Mary Gorman, Gig Harbor Downtown Waterfront Alliance Parking [Public] Spaces Katie Shannon, VHB Katy Magruder, Land Development Studio, City of Orlando Partnering Libraries with Main Streets to Make Great Third Spaces Alex Balloon, Tacony Community Development Corporation Suzin Weber, Free Library of Philadelphia pARTnerships Liz Parham, NC Main Street & Rural Planning Center/NC Department of Commerce Sharon Jablonski, Main Street Department/City of Morganton Pasco: Revitalizing a Latino Main Street without Displacement Tanya Bowers, Tanya Bowers Consulting Jacob Gonzalez, Downtown Pasco Development Authority Martin Valadez, Tri-Cities Hispanic Chamber of Commerce Michael Morales, City of Pasco Pintando La Villita: Studies in Immigrant Innovation Jaime DiPaulo, Little Village Chamber of Commerce Pitching Entrepreneurship: Building Partnerships to Jumpstart Your Downtown Economy Jessica Hupp, Virginia Dept. of Housing and Community Development Jenny Crittenden, Main Street Preservation Trust Todd Wolford, Downtown Wytheville, Inc. Tamyra Vest, Destination Downtown South Boston - 223 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Pocket Parks: New Third Places in Challenged Neighborhoods Tim McCollow, City of Milwaukee - Environmental Collaboration Office Pop Up Shops: Transform Your District with This Affordable Economic Development Initiative Nora Roughen-Schmidt, Viroqua Chamber Main Street Positioning Main Street Programs for 21st Century Volunteers Ken Culp, III, University of Kentucky, College of Agriculture Pro Tips for Main Street Tax Credit Projects Nicholas Vann, Washington State Department of Archaeology + Historic Preservation Angela Shearer, National Park Service Promoting and Preserving Legacy Businesses Anthony Veerkamp, National Trust for Histric Preservation Rallying Multiple Districts around One Downtown Vision Cristina Sheppard- Decius, Downtown Dearborn Rock Your Downtown: Executing a Badass Concert Series Janie Pope, Orlando Main Streets Robert Soviero, Orlando Main Streets Rural Revitalization through Local Food Kelli Kelly, Fallon Food Hub - 224 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 Saving Our Cities: Is Communication the Key to What's Missing? Cathleen Edgerly, Howell Main Street Inc. Kate Litwin, Howell Main Street Inc. Seeing Main Street in a Whole New Light Seanette Corkill, Frontdoor Back, Retail Store Design Social Media Planning: Build a Content Calendar for Next Week Sheila Scarborough, Tourism Currents Leslie McLellan, Tourism Currents Stimulating Economic Development through Preservation: A Case Study Kevin Daniels, Daniels Real Estate Allyn Stellmacher, ZGF Architects StreetPlan.Net: Free On-Line Complete Street Design Tool Mike Brown, Metro Analytics Benjamin Levenger, Downtown Redevelopment Services Strengthen Engagement to Strengthen Effectiveness William SaintAmour, Cobalt Community Research Surviving and Thriving Through Major Street Scape Projects Jennifer Bell, City of Winchester Tax Credit Financing: Show Me the Money! Nicholas Vann, Washington State Department of Archaeology + Historic Preservation Renee Kuhlman, National Trust for Historic Preservation Merrill Hoopengardner, NTCIC Stephen Day, Stephen Day Architecture, PLLC - 225 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 The "Opportunity" in Opportunity Zones Alexander Flachsbart, Opportunity Alabama John Lettieri, Economic Innovation Group Mary Helmer, Main Street Alabama The “Reality” of Retail: Creating Dynamic Customer Experiences Courtney Adkins, Shop Talk II with Courtney Adkins The Age of Amazon: Keeping Main Street Competitive John Bry, Main Street Oakland County The Collaboration of FabLab ICC and Independence Main Street Jim Correll, Fab Lab ICC at Independence Community College Tabatha Snodgrass, Independence Main Street The How Behind the Wow: Creating Stellar Stores Seanette Corkill, Frontdoor Back, Retail Store Design Anne Marie Luthro, Frontdoor Back, Retail Store Design The Magic Happens When the Property Owner Has Vision Rory Turner, Rory Turner Linda Haglund, Wenatchee Downtown Association The Power of Play: Sparking Joy and Local Prosperity Jessica Brauer, Laramie Main Street Alliance The Smithsonian Comes to Town! Terry Poe Buschkamp, Iowa Economic Development Authority/Iowa Downtown Resource Center/Main Street Iowa Carol Harsh, Smithsonian Institution Joe Jennison, Mount Vernon/Lisbon Community Development Group - 226 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 The Upper Story: Creating a Great Downtown Tour Amy Smith, Madison Main Street Program Victoria Perry, Madison Main Street Program Third Place Coffee Shops: Can All 3 Make It? Valecia Crisafulli, Madison Main Street Victoria Perry, Madison Main Street Treating Your District as a Product to Sell Jonathan Stone, Downtown Oregon City Association Bradly James, McMinnville Downtown Association Urban Design for Main Street: A User's Guide Meredith Bergstrom, Dover, Kohl & Partners Jason King, Dover, Kohl & Partners Urban Main Streets Advocacy: The 5th Point of the 4 Points Approach Max Gruner, East Boston Main Streets UrbanMain Network: Year in Review, Chicago Nicholas Gauna, Groupon Rhonda McFarland, Quad Communities Development Corporation Sandra Bivens, 51st Street Business Association Dionne Baux, National Main Street Center Using Social Media to Tell Your Downtown's Story Megan Tsui, Red Wing Downtown Main Street Utilizing Energy Efficiency Finance for Main Street Revitalization Jessica Bailey, Greenworks Lending - 227 - *Please note this is a preliminary line-up. Sessions, speakers, and titles are subject to change. An updated schedule will be available soon. Session Title Presenter 1 Presenter 2 Presenter 3 Presenter 4 What Will You Do If Disaster Strikes? Lindsey Dotson, Charlevoix Main Street DDA Yes, And! Tactics to Tackle Roadblocks Laura Torchio, Project for Public Spaces Katherine Peinhardt, Project for Public Spaces You Want Me to Do What? Tips for Working With Your Property Owner Support Casey Woods, Emporia Main Street Hilary Greenberg, Greenberg Development Services - 228 - 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: 22. Attached is a memorandum of understanding for the Coastal Regional Commission to reinstate transit services from Tybee to Savannah. Services are detailed within the attached MOU. A recommended start date for the six month trial is March 1, 2019. - 229 - Memorandum of Understanding Between Coastal Regional Commission And City of Tybee Island THIS MEMORANDUM OF UNDERSTANDING (MOA), is made by and between the Coastal Regional Commission, hereinafter referred to as the “CRC”, and the City of Tybee Island, hereinafter referred to as the “City”. NOW, THEREFORE, in consideration of mutual promises made by, and benefits to, the parties herein, it is agreed by and between CRC and City as follows: 1. City hereby engages the CRC, as an independent contractor, to provide and manage the operation of transportation services for individuals wanting such service to and from the Island. 2. City acknowledges the CRC is a shared ride, door-to-door, advance request, rural public transportation program that is available to all persons in rural areas within the 10 counties of the coastal region. 3. A service offered to City will be an extension of the CRC’s regional rural public transit system and provide specific transportation for individuals requesting service to and from the Island within the time frames agreed upon between the CRC and City, with oversight from the Development Authority/Main Street Program. 4. This MOU shall become effective on ______________, 2019 and continue on a trial basis for a period of six (6) months, thereby terminating on or before ____________, 2019. Should both parties agree the service can be sustainable, a long-term agreement will be established. 5. The transit service will operate six (6) days a week based on two (2) runs per day. The daily run will begin at the Information Center in Savannah and terminate at the Lighthouse and the Pier. The same locale will be used for the return trips. The CRC will charge a $10.00 fare for each one-way trip for each rider and will not deviate from the agreed upon service run. 6. The days and hours of operation will be Monday to Saturday, except for designated holidays (Attachment A), with two (2) separate runs. The service will commence at the Information Center at 8:00 a.m. with the return trip at 1:30 p.m. A second run from the Information Center will be at 1:00 p.m. with a return trip at 6:30 p.m. 7. All riders must adhere to the conditions of ridership as identified within Attachment B. Riders that fail to adhere to the identified rules and regulations will not be permitted to ride the CRC bus. - 230 - 8. In the performance of the MOU, neither the CRC nor City shall discriminate against any rider, customer, vendor and/or employee because of race, creed, color, gender, age, or disability. 9. The CRC will not be liable to City for any failure, delay or interruption of services for failure or delay in the performance of the MOU due to acts of God, fire, riots, government restrictions, loss of funding, or any similar acts or conditions beyond the control of the CRC. 10. This MOU may be modified, amended, extended, and/or terminated upon written agreement by both parties. 11. This MOU will be governed by the laws of the State of Georgia and all referenced to the “State” means the State of Georgia. 12. The CRC will be responsible for all contractual obligations necessary for the operation of the service and will utilize the services of a third party operator for drivers, dispatchers, and scheduling as specific to the MOU. IN WITNESS WHEREOF, the parties have hereunto caused this MOU to be agreed upon and executed the ________________ day of _________________, 2019, by duly authorized officials. COASTAL REGIONAL COMMISSION _________________________________________ _______________________ Allen Burns Date Executive Director _________________________________________ _______________________ _________________________________________ _______________________ Reggie Loper Date Chairman CITY OF TYBEE ISLAND _________________________________________ _______________________ Name: Date Title: ___________________________________ - 231 - ATTACHMENT A Transportation services will not be provided on designated holidays observed by the PROVIDER. - New Year’s Day - Labor Day - Martin Luther King’s Birthday - Columbus Day - Veteran’s Day - Memorial Day - Thanksgiving Day & Day After - Independence Day - Christmas Eve and Christmas Day - 232 - ATTACHMENT B 1. All customers /passengers are expected to obey rules and regulations established for the general safety of the other customers/passengers and the transit staff. 2. Seatbelts must be worn at all times. Children under 5 must use a car seat provided and installed by parent/guardian. Children 18 and under must have a signed parental waiver and children under 14 must ride with an adult. 3. No weapons are permitted on the vehicle. 4. No pets; service animals are permitted. 5. Carry-on items are limited to what the customer/passenger can carry on and place under the seat. 6. No smoking, drinking, eating, alcohol, chewing tobacco, illegal drugs or use of abusive language is permitted on vehicle. 7. No inappropriate behavior to impair safety or create a nuisance is permitted on the vehicle. 8. Drivers are not permitted to assist customers/passengers and/or carry packages of the customer/ passenger to or from any building. 9. Customer/passengers must have correct fare amount for fare box. Change cannot be made by the driver. 10. When listening to a radio, mp-3 player, cell phone or any similar device, earplugs must be utilized by the customer/passenger. - 233 - 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: 23. Request City Council approve a change order to the contract with Thompson Engineering to perform a building assessment for additional buildings. - 234 - 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: January 10, 2019 Item: To request that the City Council approve a change order to the contract with Thompson Engineering Project 18-1115- 0045 for $5,000 to perform a building assessment for 3 additional buildings. Explanation: On December 13, 2018, the City Council approved a contract with Thompson Engineer for $32,550 to perform building assessments for 19 City owned buildings. The council requested that three additional building be added to the list of buildings. Those three additional buildings include the following: a. Marine Squadron Building – Change Order Cost needed b. North Beach Grill Restaurant Building – Change Order Cost needed c. North Beach Concession Stand – Change Order Cost needed Thompson Engineering can perform the building assessment for the three aforementioned buildings for an additional cost of $5,000. The $5,000 change order will increase the contract price from $32,550 to $37,550. Budget: The cost of the contract will be charged to Public Works Building Maintenance Division, line item 100.1565.52.1300, Contract Services, as $40,000 was added to this line with December 13, 2018 as a General Fund budget amendment to pay for the actual and potential cost of this project. 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: ________________________________________________________________________________ December 27, 2018 Date given to Clerk of Council - 235 - 2970 Cottage Hill Road, Ste. 190 Mobile, AL 36606 251.378.6100 ph. / 251.666.2443 fax www.thompsonengineering.com A THOMPSON HOLDINGS, INC. COMPANY December 20, 2018 City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Attn: Angela Hudson Subject: General building assessment observations and recommendations Thompson Engineering Project No.: 18-1115-0045 Pursuant to your email dated December 17, 2018, you requested Thompson Engineering to perform the following scope changes, which were not included in our original contract: · Evaluate three additional buildings: The Marine Squadron Building, The North Beach Grill Restaurant Building and The North Beach Concession Stand. In order to provide the additional scope of work specified, we request a modification of our contract. Our fee to perform the described scope change is as follows: · Evaluate the three additional buildings $5,000.00 If acceptable, please indicate your authorization to proceed with this additional work by signing where designated below and returning a copy to us for our files. This proposal will be open for acceptance until May 31, 2019, unless changed by us in writing. Please note that no work will be performed without prior written authorization to proceed. This extra work is subject to the terms and conditions of the contract executed for this project dated December 19, 2018. This proposal between The City of Tybee (Owner), and Thompson Engineering (“Consultant” or “Engineer”), consisting of the Consulting Services on a Lump Sum Basis represents the entire understanding between you and us with respect to the scope change. This agreement may only be modified in writing if signed by both of us. We appreciate this opportunity to be of service to you on this project. Should you have any questions or need further information, please do not hesitate to call on us. - 236 - The City of Tybee General building assessment observations and recommendations Additional Services Page 2 Tybee Island, Georgia Thompson Engineering Project No.: 18-1115-0045 Respectfully, THOMPSON ENGINEERING, INC. George “Geep” Bockhold, P.E. Branch Manager Savannah Office ACCEPTED: , 2019 By TITLE - 237 - 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. Agreement between COTI & LKS for a design guidelines manual per the approved and awarded Historic Preservation Fund Grant FY2018. - 238 - City of Tybee Island — Historic Preservation Fund Grant 2018 page 1 of 4 PARTIES: City of Tybee Island Lominack Kolman & Smith Architects PROJECT: City of Tybee Island – Design Guidelines TERM: January 2, 2019 – June 28, 2019 AGREEMENT THIS AGREEMENT entered into this day of , 20 between the City of Tybee Island hereinafter referred to as "City," and Lominack Smith Architects hereinafter referred to as "Consultant." This agreement is based on an awarded FFY 2018 Historic Preservation Fund Grant from the Historic Preservation Division of the Georgia Department of Natural Resources, hereinafter referred to as "Department', WITNESSETH   NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto hereby agree as follows: 1. Scope of Services: The Consultant shall provide a manual with complete design guidelines for the South End Overlay District, to include a brief history and evolution of the district, information about the purpose of the document, review process it supports, description of the district's features and characteristics referencing the most current survey information, terms and definitions, and applicable reference information. The Consultant shall adhere to the Department's Scope of Work within the City's agreement that is available to review upon request. 2. Description of Services: The Consultant shall, in a satisfactory manner as determined by the City, in accordance with the Department's requirements, complete specific tasks including, but not limited to, the following: a. Preliminary Reconnaissance of District This portion of the project involves a thorough review and understanding of existing structures and uniquely specific characteristics in the district. A thorough review shall be conducted of existing ordinances, previous resource surveys and design guidelines, and existing or potential incentives to appropriately incorporate into the final document. A summary' of findings shall be provided that include, but not be limited to, architectural styles, general observations, previous preservation projects, a map referencing a list of all structures and addresses with corresponding physical traits and average year built in order to identify all historic and non-historic resources and characteristics. b. Document Preparation The intent of the manual is to provide and promote appropriate improvements or changes to existing historic and non-historic properties and direction for quality development in the district, all the while supporting the CO's Master Plan and overall planning objectives. Reconnaissance findings shall be incorporated into the manual with character defining building patterns and forms, architectural styles and features, landscape and streetscape features and other features included to identify intrusive and/or non-contributing resources and/or features. - 239 - City of Tybee Island — Historic Preservation Fund Grant 2018 page 2 of 4 c. Components of Design Guidelines Manual - The final design guidelines manual shall be easy to comprehend and organized in a user-friendly format. - The manual shall include, but not be limited to, the following: • table of contents introductory information including: district identification (location, boundaries, applicable resources and surveys) executive summary (acknowledgements, explanation of the importance of protecting the character of the district, purpose of and how to use the guidelines manual). • explanation and text of the historic preservation ordinance, introduction to the historic preservation commission and the review process, applicable forms, and review process, appeals process, and other related regulations, as applicable, and a diagram indicating the flow • a brief a summary of previous preservation projects; developmental history of the survey area • identification and description of the district's historic and individual character defining features reported from the Consultant's reconnaissance including, but not limited to: o lot configurations, building-to-building/building-to-site relationships, building types and styles, building materials, features and details, building uses, landscape features, and streetscape features • guidelines for treatment of historic properties including, but not limited to: o appropriate treatment of historic features, maintenance, alterations, and additions. Recommendations should follow the Secretary of the Interior's Standards for the Treatment of Historic Properties and should be based on the identified historic character-defining features of the district. • recommendations for addressing sea-level rise with historic structures in accordance with preservation goals and federal, state, and local regulations • guidelines for new construction including, but not limited to: o appropriate locations, site setting and orientation, setbacks, size, height, styles, materials, and design of various features such as windows, doors, roofs, etc. New construction should be compatible with and complement existing historic properties, it need not replicate existing original historic features. • recommendations for future development that includes considerations for sea-level rise and coastal flooding in accordance with federal, state, and local regulations • guidelines for demolition, neglect of properties, and relocating buildings • manual appendices shall include: o map of district boundaries and all resources with addresses and cross-reference to current surveys o recommendations for incentives that the City shall consider offering through its Community Development Department o applicable references such as a glossary of terms, the Secretary of the Interior's Standards for the Treatment of Historic Properties and associated guidance materials, FEMA regulations for contributing buildings in a national historic district and/or considered historic, regulations for historic properties according to local ordinances, and other applicable laws and regulations - 240 - City of Tybee Island — Historic Preservation Fund Grant 2018 page 3 of 4 ▪ Photographs from the district should be used throughout the manual to illustrate building types and styles, character-defining features, landscape features, appropriate new construction, and other applicable items. 3. Schedule of Project: The project schedule that follows shall be used for deadlines of deliverables in accordance with the grant to fulfill project requirements. DEADLINE DATE EXPECTED DELIVERABLES February 28, 2019 Reconnaissance summary completed and submitted to City for submission to Department March 29, 2019 A written summary of project status for the City to review April 30, 2019 First draft of design guidelines to be submitted to City for submission to Department May 31, 2019 Second draft of design guidelines to be submitted to City for submission to Department June 28, 2019 Final design guidelines submitted to City for submission to Department 4. Ownership of Work Product: All documents, data, photographs, and reports prepared pursuant to this agreement shall be and become the property of the City. 5. Compensation: The Consultant shall be compensated $6,120.00, according to the Historic Preservation Fund Program FFY2018 grant awarded through Department for the services pursuant to this agreement. The City shall make payments to the Consultant in the following manner: $2,000.00 upon meeting the March 29, 2019 deadline as outlined in Item 3; $2,000.00 upon meeting the May 31, 2019 deadline as outlined in Item 3; and the remainder of the total amount ($2,120.00) upon submission and approval of all project materials by the City and the Department. 6. Term: The term of the contract will commence January 2, 2019 and end no later than August 15, 2019, unless either party gives thirty days prior (30 days) written notice of termination or extension. The Consultant shall be compensated for all services satisfactorily rendered prior to and including the date of termination. Notwithstanding any other provision herein, all obligations of the city will end as of the end of the calendar year, if not sooner terminated, however the contract may be renewed with written notice by staff of the city to consultant if the tasks are not completed prior to the end of the year. 7. Status of Parties as Independent Consultants: Nothing contained herein in this Agreement shall be construed to constitute the Consultant as a partner, employee, servant, or agent of the City. Neither shall either party have any authority to bind the other in any respect. It is intended that each shall remain independent and responsible for their own actions. The City is interested only in the results to be achieved and shall have no control over the conduct of work. Further, the Consultant shall not be considered as having employee status which might enable her/him to workers compensation, health and accident insurance benefits, retirement benefits, Social Security contributions, unemployment compensation, annual or sick leave, or any other benefit available to employees of the City. - 241 - City of Tybee Island — Historic Preservation Fund Grant 2018 page 4 of 4 8. Liability: The Consultant shall assume all liability and risk for all damages and injuries to persons and property which may arise or accrue out of the provision of the above mentioned services by the Consultant. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and affixed their seals the day and year written below. Rebecca Fenwick, Director of Preservation Date Lominack Kolman Smith Architects Jason Buelterman, Mayor Date City of Tybee Island Chantel Morton, Project Manager Date Development Authority / Main Street Executive Director City of Tybee Island - 242 - 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: 27. The Highway 80 Median Project bid process has been completed. There was only one bidder, The Greenery, that submitted a bid. The council action requested is approval of only the base bid of $213,244.82, and the irrigation system with a bid of $52,582.40. The total allocated for this project in the budget is $260,000. The landscape architect is current working with the bidder to lower the cost of the plantings to bring the total cost within budget. The budget line item number is 100-6230-54- 1400. - 243 - - 244 - - 245 - 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: 28. 2019-01, Second Reading, Sec 4-050 Zoning Districts (O), South-end Business Overlay District - 246 - 1 South End Business Overlay District Demolition and Relocation | Planning Commission | October 29, 2018 ORDINANCE NO. 1-2019 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, SOUTH END BUSINESS OVERLAY DISTRICT WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 4-050 (O) relating to the South End Business Overlay District. 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, Section 4-050-(O) dealing with the South End Business Overlay District so that hereafter the section and Code shall read as hereinafter provided. Sec. 4-050. – Zoning districts. (O) South End business overlay district (1) Purpose. The purpose of this district is to promote the welfare and vitality of the city’s original main commercial and resort area and preserve its historic character and identity for future generations. (2) Uses. All commercial and multi-family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of this Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. New construction when a project includes the redevelopment of a p arcel, a development agreement with the owner/developer and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. (3) Signs. Signage within the district shal l be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed three feet by five feet, which may be displayed during business hours on sidewalks immediately adjacent to the business advertised on the sandwich board. No advertising benches shall be permissible in the district. The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches. a. Within the district, café style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least ten feet in width. - 247 - 2 South End Business Overlay District Demolition and Relocation | Planning Commission | October 29, 2018 b. Notwithstanding any other provision of this Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events. (4) Demolition and relocation of historic buildings. The following standards apply to all historic buildings within the overlay district that are 50 years of age or older and identified as listed, eligible, or may be eligible for listing in the National Register of Historic Places within the 2016 City of Tybee Island Historic Resources Survey, Phase 1. The Historic Preservation Commission shall review permit applications for demolition and relocation and provide recommendations to the zoning administrator. a. Demolition. Demolition of historic buildings undermines the character of Tybee Island and shall only be permitted if the demolition is required to alleviate a threat to public health or public safety as determined by the zoning administrator based on supporting documentation from a licensed structural engineer licensed in the State of Georgia. b. Relocation. Relocation of historic buildings can impact the character of Tybee Island and should only be considered as a last resort in order to preserve the building. It shall only be permitted if all of the following conditions are met: 1. The current location and surrounding context no longer contribute to the overall character of the property (i.e. residential property now surrounded by new construction and commercial development). 2. The character of the property onto which the building will be relocated and its surrounding context are compatible with the historic building (i.e. relocating a residential building within a residential area). 3. The relocation is as close to the original site as possible (i.e. the relocation of a building to a new location on the same parcel or an adjacent parcel). (5) Appeals. b. Any applicant for a permit shall have the right to appeal to the planning commission and mayor and council should the zoning administrator refuse to approve the issuance of a permit in accordance with Section 9 -030. (6) Definitions. In addition to existing definitions in Section 2-010, the following terms apply to this overlay district. Compatibility. The positive relationship of existing buildings, relocated buildings, and/or designs for new construction to their environs. Demolition. The act of either demolishing or removing 50 percent or more of the exterior walls of a building; or any primary exterior wall facing a public street or beach; or 50 percent or more of the roof area. Historic building. A building that is worthy of preservation by reason of value to Tybee Island, Chatham County, State of Georgia, region, or nation, for one of the following reasons: a. It is an example of a building representation of its era; b. It is one of the few remaining examples of past architectural style, or building type; c. It is associated with an event or persons of historic or cultural significance to Tybee Island, Chatham County, State of Georgia, region, or nation; or - 248 - 3 South End Business Overlay District Demolition and Relocation | Planning Commission | October 29, 2018 3741305.1 000572-000572 d. It contributes to the cultural or historical development and heritage of Tybee Island, Chatham County, State of Georgia, region, or nation. Policies and procedures applicable in this district are on file in the offices of the planning and economic development director and are incorporated herein. ADOPTED THIS _____ DAY OF __________________, 2019. _______________________________________ MAYOR ATTEST: __________________________________ CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: ______ 572.001.Ordin2019/01-07-19 South End Business Overlay - 249 - 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: 29. 2019-01 Resolution - Registrar for the City - 250 - MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor pro tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CITY CLERK Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org RESOLUTION 2019-01 WHEREAS, the City of Tybee Island is scheduled to hold a municipal election on Tuesday, November 5, 2019; and WHEREAS, the County Board of Registrars has provided the City with a list of municipal electors; and WHEREAS, a Registrar for the City needs to be appointed to act as Municipal Registrar to review the list of proposed electors and to perform other duties in cooperation with the Chatham County Board of Registrars; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Tybee Island in open meeting assembled, hereby designate Janet LeViner, CMC, Clerk, to act as Registrar for the City in connection with the election to be conducted on Tuesday, November 5, 2019. Adopted this 10th day of January 2019 ____________________________________ Jason Buelterman, Mayor ____________________________________ Janet LeViner, CMC Clerk of Council - 251 - 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: 30. 2019-02 Resolution Superintendent of Elections - 252 - MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor pro tem John Branigin Wanda Doyle Julie Livingston Monty Parks Shirley Sessions CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CITY CLERK Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org RESOLUTION 2019-02 WHEREAS, the City of Tybee Island is scheduled to hold a municipal election on Tuesday, November 5, 2019; and WHEREAS, for the past thirty-years the City has contracted with the Board of Elections of Chatham County to superintend all municipal elections held within this City; and WHEREAS, it is the opinion of the elected officials of the City of Tybee Island that the Chatham County Election Board has performed these duties in a superior manner, giving excellent, impartial service to the citizen of Tybee Island; NOW, THEREFORE, BE IT RESOLVED, by Mayor and Council of the City of Tybee Island in open meeting assembled, that the Board of Elections of Chatham County be invited to superintend the City’s upcoming election and that the Board also supervise the preparations for said election to be held on Tuesday, November 5, 2019. Adopted this 10th day of January 2019. ____________________________________ Jason Buelterman, Mayor ____________________________________ Janet LeViner, CMC Clerk of Council - 253 - 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: 31. Jason Buelterman (1) Solar Panel Project Loan Application (2) COLA Pay Increase - 254 - 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: December 13, 2018 Item: The purpose of this agenda item is seek the City Council’s approval to amendment the General Fund fiscal year 2018- 2019 operating and capital budget of $13,761,695, by transferring 55,603 from the Contingency Fund line item to allocate among the departments in the General Fund to cover the cost of a 3% COLA increase. Explanation: The purpose of this agenda item is seek the City Council’s approval to amend the General Fund’s fiscal year 2018-2019 operating and capital budget by transferring 55,603 from the contingency line item, 100.9000.57.9001 to the department budgets listed below in order to cover the cost of a 3% Cost of Living Increase (“COLA”) effective January 1, 2019 : Current Department Budget Budget Amendment 01-10-2019 Amended Budget Department Department Name 112,239$ 916$ 113,155$ 100.1130 Clerk of Council 557,447$ 2,638$ 560,085$ 100.1320 City Manager 140,413$ 1,502$ 141,915$ 100.1510 Finance Director 363,027$ 1,379$ 364,406$ 100.1512 Finance Accounting Division 34,749$ 771$ 35,520$ 100.1517 Finance Accounts Payable Division 52,898$ 692$ 53,590$ 100.1519 Finance Payroll Division 653,986$ 2,131$ 656,117$ 100.1535 Information Technology 130,847$ 1,213$ 132,060$ 100.1540 Human Resources 754,326$ 2,330$ 756,656$ 100.1565 Building Maintence 303,835$ 2,533$ 306,368$ 100.2650 Municipal Court 2,512,621$ 17,001$ 2,529,622$ 100.3210 Police Adminstration 329,980$ 3,253$ 333,233$ 100.3215 Police Beach Patrol 873,646$ 3,374$ 877,020$ 100.3510 Fire Department 1,823,407$ 9,098$ 1,832,505$ 100.4210 Public Works 247,757$ 2,057$ 249,814$ 100.6210 Parks Administration 715,085$ 2,545$ 717,630$ 100.7220 Community Development & Planning 121,277$ 696$ 121,973$ 100.7300 Mainstreet Division - 255 - 2 | Page Budget Line Item Number (if applicable): A detail of the General Fund’s budget changes by department is shown in the Attachment A schedule included with this agenda item. Paper Work: ____X_ Attached* Already Distributed Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org January 10, 2019 Date given to Clerk of Council - 256 - 1 51.1100 51.2100 51.2300 Wages FICA 6.2%Medicare 1.45%Total Costs Current Department Budget Budget Amendment 01-10-2019 Amended Budget Department Department Name 850.71$ 52.74$ 12.34$ 915.79$ 112,239$ 916$ 113,155$ 100.1130 Clerk of Council 2,449.88$ 151.89$ 35.52$ 2,637.29$ 557,447$ 2,638$ 560,085$ 100.1320 City Manager 1,394.72$ 86.47$ 20.22$ 1,501.41$ 140,413$ 1,502$ 141,915$ 100.1510 Finance Director 1,280.15$ 79.37$ 18.56$ 1,378.08$ 363,027$ 1,379$ 364,406$ 100.1512 Finance Accounting Division 715.86$ 44.38$ 10.38$ 770.62$ 34,749$ 771$ 35,520$ 100.1517 Finance Accounts Payable Division 642.11$ 39.81$ 9.31$ 691.23$ 52,898$ 692$ 53,590$ 100.1519 Finance Payroll Division 1,979.15$ 122.71$ 28.70$ 2,130.55$ 653,986$ 2,131$ 656,117$ 100.1535 Information Technology 1,126.73$ 69.86$ 16.34$ 1,212.92$ 130,847$ 1,213$ 132,060$ 100.1540 Human Resources 2,164.05$ 134.17$ 31.38$ 2,329.60$ 754,326$ 2,330$ 756,656$ 100.1565 Building Maintence 2,352.30$ 145.84$ 34.11$ 2,532.25$ 303,835$ 2,533$ 306,368$ 100.2650 Municipal Court 15,792.75$ 979.15$ 228.99$ 17,000.90$ 2,512,621$ 17,001$ 2,529,622$ 100.3210 Police Adminstration 3,021.12$ 187.31$ 43.81$ 3,252.24$ 329,980$ 3,253$ 333,233$ 100.3215 Police Beach Patrol 3,133.87$ 194.30$ 45.44$ 3,373.61$ 873,646$ 3,374$ 877,020$ 100.3510 Fire Department 8,450.61$ 523.94$ 122.53$ 9,097.08$ 1,823,407$ 9,098$ 1,832,505$ 100.4210 Public Works 1,910.39$ 118.44$ 27.70$ 2,056.53$ 247,757$ 2,057$ 249,814$ 100.6210 Parks Administration 2,363.57$ 146.54$ 34.27$ 2,544.38$ 715,085$ 2,545$ 717,630$ 100.7220 Community Development & Planning 646.47$ 40.08$ 9.37$ 695.92$ 121,277$ 696$ 121,973$ 100.7300 Mainstreet Division 1,368.69$ 84.86$ 19.85$ 1,473.39$ 511,098$ 1,474$ 512,572$ 100.7564 Parking Services 51,643.09$ 3,201.87$ 748.82$ 55,593.78$ 10,238,638$ 55,603$ 10,294,241$ Grand Total General Fund GENERAL FUND - 257 - 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: December 13, 2018 Item: The purpose of this agenda item is seek the City Council’s approval to amendment the River’s End Campground and RV Park’s fiscal year 2018-2019 operating and capital budget of $1,670,000, by transferring $4,675 from the contingency fund line item to the personnel and benefits line items to cover the cost of a 3% COLA increase. Explanation and Budget Line Item Numbers: The purpose of this agenda item is seek the City Council’s approval to amend the River’s End Campground and RV Park Fund’s fiscal year 2018-2019 operating and capital budget by transferring $4,675 from the contingency line item, 555.9000.57.9001 to the department’s line items listed below in order to cover the cost of a 3% Cost of Living Increase (“COLA”) effective January 1, 2019: 51.1100 51.2100 51.2300 Wages FICA 6.2%Medicare 1.45%Total Costs 4,342.00$ 270.00$ 63.00$ 4,675.00$ The contingency line item current balance is $132,641. The budget amendment will reduce the contingency balance to $127,966. Paper Work: _____ Attached* Already Distributed Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org January 10, 2019 Date given to Clerk of Council - 258 - 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: 32. Attached are approved meeting minutes to include in the packet for the 1/10/19 City Council meeting: - Development Authority/Main Street Board of Directors: September, November - Historic Preservation Commission: August, October, November - 259 - TIDA/MS BOD approved: 11/14/18 Page 1 of 2 TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MONTHLY MEETING Meeting Minutes: September 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, Diane Kaufman, Julie Livingston, Ted Lynch Ex-Officio Director: Tim Arnold, Angela Caldwell, Melissa Memory, Kelly Swope Program City Staff: Chantel Morton Guest: Hope Barton, Gordon Matthews, Karen Penick, Marsha Thomas Crystal Travaille (Absent) Director: Steve Kellam CALL TO ORDER Ted called the meeting to order at 6pm. Introductions were provided by all individuals present. GUEST PRESENTATION Gordon Matthews and Crystal Travaille presented information about the concept of Dark Sky Month on Tybee. Crystal provided examples of artwork that has been produced with the presence of dark skies. Gordon provided ideas for economic development with this concept regarding business involvement and potential promotional activities at the Post Theater, involvement of other local and regional groups, and WTOC-TV. Diane inquired who the point of contact would be and what action was being requested from directors. Gordon explained that the presentation was to initiate the conversation and gage interest for someone or an organization to take the concept and expand on it. Directors thanked Gordon and Crystal for sharing the information and invited them to come to additional meetings to continue the discussion. DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES Sarah joined the meeting as the agenda item regarding meeting minutes started. 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 August 22, 2018 meeting minutes. 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. A workshop was held with the Planning Commission, City Council, core group, and consultants. Support and understanding was discussed in detail and the consensus was to move forward with strengthening the demolition and relocation sections of the amendment. There is still support to continue with the grant that will provide design guidelines for that district. Chantel confirmed that the grant work has been delayed so that the text amendment receives the necessary attention. - 260 - TIDA/MS BOD approved: 11/14/18 Page 2 of 2 Ecotourism and Active Lifestyle Chantel reported that Kelly has requested to only serve as part of the team that is wo rking on the image campaign and asked if another Director would like to assist with the program’s Ecotourism and Active Lifestyle priority goal. Julie confirmed that improvements are being worked on for the bike route. The bike route signs are much larger and will be installed soon. Image Campaign Ted confirmed that Kelly and he will meet with Chantel in early October to discuss the image campaign work plan items with a focus on the survye. Ongoing Outreach & Events Sarah provide updates about Tybee Community Day. Sarah and Chantel confirmed information is coming in for updating the holiday website. Promotional pieces are being designed and activities are being reconfirmed for Lights on for Tybee Celebration and the Parade. OTHER BUSINESS Sarah confirmed that the Beach Bum Parade is still on the radar for the promotions committee to discuss. PARTNER UPDATES Melissa shared that there is a National Park Pick Up (litter) Day at Fort Pulaski September 29 from 8am until 12pm. She also confirmed that the Candlelantren Tours during the holidays will be happening. She will send information to Chantel once details are confirmed. Hope shared that the Historical Society will begin their Sunset Parties for members on Saturday. ADJOURN The meeting adjourned at 5:15pm. - 261 - HPC approved: 12-17-18 Page 1 of 1 TYBEE ISLAND HISTORIC PRESERVATION COMMISSION MEETING MINUTES October 15, 2018 ATTENDANCE (Present) Commissioner: Kathy Black Dennis, Susan Estroff, Marty Harrell, Jan Will Advisor: Sarah Jones Staff: Chantel Morton Guests: Janice Hayden, Shirley Sessions (Absent) Commissioner: J Altman City Council Representative: currently vacant CALL TO ORDER-WELCOME Jan called the meeting to order 5:31pm and welcomed everyone. MINUTES FOR CONSIDERATION Jan inquired about Marty’s comments noted in the August 20 HPC minutes. Marty clarified her comments were about capturing remarks that support historic preservation and/or promote historic properties on short-term and/or long-term rental company webpages in order to show support for and economic value of preservation. Chantel will make the correction. Motion was made by Kathy, which was seconded by Marty, to approve the Historic Preservation Commission meeting minutes of August 20, 2018 with clarification noted. The motion passed unanimously. BEST PRACTICES FOR MEETINGS AND MEMBERS Chantel reminded commissioners to turn in their signed Best Practices for Meetings and Members and the Addendum documents if they have not yet done so. OLD BUSINESS South End Overlay – Design Guidelines Chantel reviewed the most current revision to the SEOD text amendment that will be considered at the Planning Commission meeting this evening. Jan welcomed Shirley Sessions, the councilperson whom has been appointed to fill Jackson Butler's vacated seat. Shirley reviewed her interests, background, and platforms she is supportive of as an elected official for the city. She also confirmed that a council liaison has not yet been appointed to the HPC, but she is supportive of historic preservation. She expressed interest in improvements to storefronts in the downtown district. Discussion ensued regarding design standards and building height, mass, and scale. All in attendance discussed educational efforts that have been done over the past few years, current efforts, and plans for future efforts, as well as ways to continue the enthusiasm and keep preservation fun. Project Updates Jan reviewed ideas for a few additional projects that will be discussed more at a future meeting for commissioners to consider. Trainings Kathy shared information she received at the State Preservation Conference. She requested that Chantel look into a membership with the Georgia Alliance for Preservation Commissions. Kathy requested that a group photo of all commissioners be taken so she can submit it to the Beachcomber to accompany her article(s). Commissioners agreed to meet in front of city hall on Monday at 5:30pm. Jan discussed the Tybee Community Day Celebration and HPC involvement for next year. ADJOURNMENT The meeting adjourned at 6:30pm. - 262 - HPC approved with corrections made: 10-15-18 Page 1 of 2 TYBEE ISLAND HISTORIC PRESERVATION COMMISSION MEETING MINUTES August 20, 2018 ATTENDANCE (Present) Commissioner: J Altman, Kathy Black Dennis, Susan Estroff, Marty Harrell, Jan Will City Council Representative: Jackson Butler Advisor: Sarah Jones Staff: Chantel Morton Guests: Janice Hayden (Absent) Commissioner: Kathy Black Dennis CALL TO ORDER Jan called the meeting to order at 6pm. WELCOME Chantel introduced new commissioner, Martha (Marty) Harrell. Marty was appointed to serve on the Historic Preservation Commission at the August 9 city council meeting. Marty shared about her interest in historic preservation on Tybee and her experience. Commissioners welcomed her. Chantel confirmed that Marty and she met prior to the meeting for an HPC orientation. MINUTES FOR CONSIDERATION Motion was made by Susan, which was seconded by J, to approve the Historic Preservation Commission meeting minutes of July 16, 2018. The motion passed unanimously. BEST PRACTICES FOR MEETINGS AND MEMBERS Chantel reviewed the Best Practices for Meetings and Members and the Addendum documents that commissioners were emailed for reviewing and signing. Discussion ensued and Chantel requested that forms be returned within the week. OLD BUSINESS South End Overlay – Design Guidelines Jackson reviewed the discussion from the August 9 city council meeting regarding the South End Overlay District text amendment. He reported that the feedback was decent and discussions tended to focus on accountability of preservation efforts, if disasters occur and new construction. He emphasized the importance of focusing on the preservation part of the amendment and standards for today’s Tybee. J commented that he was pleased to see the council members in attendance and that the points made were thoughtful and agrees that strengthening of the teardown portion of the amendment will be helpful. He reviewed discussion points about guidelines for new construction and practical building standards. Sarah commented that the standards are about defining the character of the district and preventing intrusion of what does not compliment the authenticity of Tybee, not to be restrictive nor tell people how they have to build. The standards mainly address height, scale and mass. She emphasized that the direction of strengthening the demolition portion is a positive step for preserving older buildings. Marty commented that remarks in support of historic preservation and/or that promote historic properties on short-term and/or long-term rental company webpages should be captured in order to show support for and economic value of preservation. - 263 - HPC approved with corrections made: 10-15-18 Page 2 of 2 Project Updates Jan reported that flyers are being hung up around town for the HMS Otranto dedication. She encouraged everyone to attend the event on September 15. Jan reported that she spoke with Susan Kelleher at Seaside Sisters about the suggestions made by commissioners to have a tour of homes in February. She was told it would not work because there are not enough people on the island then. Commissioners agreed to revisit the idea for December of 2019 at a later date. Discussion about additional projects was deferred. TRAININGS Chantel confirmed that J will be attending the same state preservation conference that Kathy is attending in Macon next month. ADJOURNMENT The meeting adjourned at 6:40pm. - 264 - HPC approved: 12-17-18 Page 1 of 2 TYBEE ISLAND HISTORIC PRESERVATION COMMISSION MEETING MINUTES November 19, 2018 ATTENDANCE (Present) Commissioner: J Altman, Susan Estroff, Jan Will Advisor: Sarah Jones Staff: Chantel Morton Guests: Joe Amlin, Hope Barton, Shirley Sessions (Absent) Commissioner: Kathy Black Dennis, Marty Harrell City Council Representative: Shirley Sessions CALL TO ORDER-WELCOME Jan called the meeting to order at 5:30pm and welcomed everyone. Shirley confirmed she will be serving as the City Council liaison for the Historic Preservation Commission. MINUTES FOR CONSIDERATION Consideration of the October 15, 2018 Historic Preservation Commission meeting minutes were postponed until later in the meeting. OLD BUSINESS South End Overlay – Design Guidelines Commissioners discussed the South End Overlay District revised text amendment that is being considered again at this evening’s Planning Commission meeting. The design guidelines portion of the document has been removed. The amendment is now mainly focused on strengthening the demolition ordinance portion based on comments made during meetings with the core group, members of City Council, Planning Commission, and the public. Chantel reminded everyone that this version does not provide design guidelines to ensure new construction maintains the character of the district. It also does not provide guidelines that would be true to the same character for what is rebuilt, if a teardown were to happen. However, suggestions and design assistance will still be available. Jan suggested that as many people as possible should speak in favor of the amendment at the Planning Commission meeting. Chantel stated that the Resolution for the moratorium expires in December. She did receive confirmation from the Assistant City Manager/Community Development Director that City Council could decide to have two readings at their one meeting in December. Sarah confirmed she will help prepare visuals for the City Council meeting if a commissioner will be available to present at that time. Review of Preservation Ordinance Chantel explained that review of the preservation ordinance (Article 14) is on the agenda to request feedback about having commissioners revisit the city's preservation ordinance at a future meeting in order to review for familiarity. Sarah commented that it would be helpful for everyone to review the commissions charge in serving the city and preservation efforts for the island. Knowledge through being well informed is an important factor for the commission. It is even more of a necessity for everyone to be familiar with all ordinances pertaining to preservation, especially with the current factors affecting historic resources and the flood mitigation grant, of which is being worked on by the city's Assistant Manager and consultants. Chantel reiterated that the design guidelines grant will be incorporating recommendations regarding climate change factors. Sarah confirmed that she is attending a Keeping History Above Water conference in St. Augustine in May. The focus of the conference is on the impacts of sea level rise on historic coastal and river communities and cultural resources and planning. Sarah will invite Bob Ciucevich to attend an HPC meeting and speak with the Commission about Tybee’s history and architecture and/or give them a tour of the island. Review of the Article 14 for familiarity will continue. - 265 - HPC approved: 12-17-18 Page 2 of 2 Project Updates Articles Jan commended Kathy for the articles that are being published in the Tybee Beachcomber. The December article was about Lighthouse Christmases. Sarah confirmed that the January article will be about street names and their origins. Chantel shared that, on Thanksgiving, the owners of Salt Island will be having a special rendition of the Fort Screven holiday menu that was published in the December article. Educational Ideas Commissioners discussed various ideas to increase knowledge about the history and architectural features of the island. Chantel reviewed the outline that was started for the preservation brochure that Jackson had started. She will resume work on this project with Commissioners input so that it can be printed and distributed during the 1st quarter of 2019. Tour of Homes Jan confirmed that the tour of homes event will continue to be a consideration for 2019. Consideration of Additional Project Jan reviewed some ideas she would like for the commission to consider for 2019. She provided her comments regarding the Fort Screven National Historic District entrance monument design that was developed based on previous discussions and historic photos. Commissioners discussed revisions to the conceptual design for signage at the entrances to Fort Screven. More work will be done on this and details such as costs, materials, and placement will be presented when ready. PERMIT REVIEWS Sarah confirmed that very few permits have been sent to her for review. She will engage Commissioners to aid in the review process. ADJOURNMENT The meeting adjourned at 6:32pm. - 266 - TIDA/MS BOD approved: 12/19/18 Page 1 of 2 TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MONTHLY MEETING Meeting Minutes: November 14, 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, Vicki Hammons, Diane Kaufman, Julie Livingston, Ted Lynch Ex-Officio Director: Tim Arnold, Angela Caldwell Program City Staff: Chantel Morton Guest: Karen Penick (Absent) Director: Marianne Bramble, Steve Kellam Ex-Officio Director: Melissa Memory, Kelly Swope CALL TO ORDER Ted called the meeting to order at 4:30pm and welcomed all in attendance. Ted commended everyone that was involved with Community Day this year. The event was another success. Chantel announced that one board position will be available for a voting director to be appointed starting at the beginning of 2019. The notice will be advertised and posted online within the next few days. DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES Motion was made by Vicki, which was seconded by Julie, to approve the minutes of the Tybee Island Development Authority / Main Street Board of Directors September 19, 2018 meeting minutes. Motion carried. 2018-19 WORK PLAN/COMMITTEE UPDATE Historic Preservation and Education Vicki provided a status update and details to date about the South End Overlay District text amendment. Chantel thanked Vicki and members of the Historic Preservation Commission that have worked so hard to see this project through. Sarah commended everyone’s efforts and mentioned the importance of this step for Tybee and preservation. Vicki shared a video that she saw online of lights that hang above the streets and look like they are floating. The video was from a town center in. She suggested that the promo committee/board consider this or something similar downtown next year. Directors agreed. Vicki reported that she and Chantel recently met with the city manager, the city's dune restoration project consultant, public works staff, and Councilperson Doyle so they could be shown where the Christmas tree will be planted. The location is behind the bollards at the Tybrisa / Strand Roundabout. Chantel and she discussed decorations for the bollards with public - 267 - TIDA/MS BOD approved: 12/19/18 Page 2 of 2 works. In addition, public works will be adding decorative lighting for the holidays along Tybrisa and Strand. Image Campaign Ted reported that Kelly and Sarah met with him and Chantel regarding the survey for merchants, which is a task under the transformation strategy Image Campaign priority goal. He has sent the questions to Chantel and she will send him additional information to be included. The survey will be sent to merchants at the beginning of the year. In addition, Chantel reported that Sarah provided the name of a professor that Diane K. had talked to her about a few months ago. Chantel is following up with him and others in order to continue the momentum of having an intern assist with priority goal three. However, she confirmed that since there has been a delay with this task, some goals may not be possible to meet this fiscal year even though progress is being made on the other tasks. More updates will be provided as they transpire. Ongoing Outreach & Events Sarah provided updates about decorating the Christmas tree on Saturday, November 24 and the snow machine for Lights on for Tybee Celebration. New ornaments were requested, which Chantel will purchase. Chantel provided updates about the flutist prior to the tree lighting, dance routine and spacing, that Renee and Kim have Island Harmony and TIMA singing, Monty will have more sound equipment for the singers and more lights for the dancers. Karen mentioned that Beach Brigade will escort Mr. & Mrs. Santa in when cued after the last dance. Sarah confirmed that she is assisting Chantel with distribution of Small Business Saturday and Community of Caring materials. She asked directors to assist with holiday poster distribution. All agreed. Chantel shared the outreach that is taking place for the holidays and that Visit Tybee conveyed they will consider events for inclusion in their Connect and Do listings. DEVELOPMENT AUTHORITY – FAÇADE IMPROVEMENT GRANT Ted reported he is waiting for the finance director to send the monies that city council approved with the MOU at their September meeting. Other merchants are inquiring about the grant. PARTNER UPDATES Tim shared that the Beach Task Force and Clean Beach Volunteers are starting an adopt-an-area program with the City. Robyn Rosner, Facilities Coordinator, has been assisting them with preparing document with information, etc. The program will begin in January. ADJOURN The meeting adjourned at 5:04pm. - 268 -