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HomeMy Public PortalAbout20190228AmendedCityCouncilPacket.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 February 28, 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. Employee Recognition Kim Fickes 5 years Campground Kaitlyn Marlow 5 years Municipal Court Anthony Atkins 5 years Police (CNT) Eddie Dicus 5 years Police Antar Khaalis 5 years Public Works Bill Curry 10 years Water Sewer Ricky Goodman 10 years Water Sewer Stephanie Hogan 15 years Finance Pete Ryerson 15 years Parking Services - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Danny Carpenter 35 years Public Works Employee of the Year: Anthony Errato – Police Department Employee of the Quarter: Chris Epley – Fire Department 2. Maria Procopio - Marine Science Center Recognition Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. City Council Meeting Minutes, February 14, 2019 4. Special City Council Meeting Minutes, February 20, 2019 Consideration of Boards, Commissions and Committee Appointments Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 5. Courtney Reich - Carry Capacity Study Implementation Coastal Incentive Grant - Goodwyn Mills Cawood Ecological Planning Group Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. Consideration of Approval of Consent Agenda Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 6. February 28, 2019 Council Agenda Items:: Tybee Wine Festival, April 25, Special Event-Liquor, Beer and Wine Tybee Wine Festival, April 26, Special Event-Liquor, Beer and Wine Tybee Wine Festival, April 27, Special Event-Liquor, Beer and Wine 7. February 28, 2019 Agenda Request Agenda Request-Tybee Island Social Club-Alcohol and Entertainment License-Liquor Beer Wine Sunday Sales Wine-Package Consideration of Bids, Contracts, Agreements and Expenditures - Page 2 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 8. Memorandum of Agreement, Information Hut Partnership 9. Unopened Rights-of-Way Motar Subdivision, Mark Boswell 10. Unopened Rights-of-Way, Solomon Avenue and Polk Streets, Boswell/Rossehl 11. Abandoned and unused Rights-of-Way, Solomon Avenue, Yellin 12. Lease - Tybee Island YMCA 13. The purpose of this agenda item is to acquire the City Council’s approval to amendment the SPLOST 2003 Capital Project Fund’s fiscal year 2018-2019 budget by an increase of $3,933,524, changing the budget from $421,098.63 to $4,354,622.63. 14. The purpose of this agenda item is to present the City Council with cell tower lease proposal from T-Mobile to operate wireless cell phone\internet equipment from the 111 Butler Avenue water tower. 15. Georgia Power Company Distributed Generation Agreement 16. GCIC NCJ User Agreement Consideration of Ordinances, Resolutions 17. Resolution - SPLOST 18. First Reading, 2019-03, Graffiti 19. First Reading, 2019-04, Sec 22-36, Disorderly Household 20. First Reading, 2019-06, Sec 6-5 and 6-6, Fingerprints 21. First Reading, 2019-07, Sec 6-88, Application Required and Sec 6-89, Issuance Council, Officials and City Attorney Considerations and Comments 22. Bubba Hughes - Resolution - Charter Changes 23. Bubba Hughes - GCIC Agreement on Background Checks 24. Bubba Hughes - Pruett Anti Litem 25. Bubba Hughes - Introduction 2019-02, Sec 42-66, Fireworks 26. Bubba Hughes, Introduction, 2019-05, Sec 22-110 and 22-112, Noise 27. Bubba Hughes - Horsepen Creek Road Settlement 28. Bubba Hughes - Builder's Risk Insurance for Marine Science Center - Page 3 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 29. Jason Buelterman - Open access to northern most crossover 30. Barry Brown - Beach Ambassadors 31. Monty Parks - Recycling Update 32. George Shaw, Plat Review, 15 Meddin 33. Shawn Gillen Agenda Request: Delegation of Marine Science Center Project change order approval to city manager. Agenda Request: Update on USACE Beach Renourishment Update on 2018 Beach Ambassador Season and Changes and Improvements to the program for 2019 Update on JC Park Virtual Parking Permit Program Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” - Page 4 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org - Page 5 - 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. Employee Recognition Kim Fickes 5 years Campground Kaitlyn Marlow 5 years Municipal Court Anthony Atkins 5 years Police (CNT) Eddie Dicus 5 years Police Antar Khaalis 5 years Public Works Bill Curry 10 years Water Sewer Ricky Goodman 10 years Water Sewer Stephanie Hogan 15 years Finance Pete Ryerson 15 years Parking Services Danny Carpenter 35 years Public Works Employee of the Year: Anthony Errato – Police Department Employee of the Quarter: Chris Epley – Fire Department - Page 6 - 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 Recognition for their years of service Kim Fickes 5 years Campground Kaitlyn Marlow 5 years Municipal Court Anthony Atkins 5 years Police (CNT) Eddie Dicus 5 years Police Antar Khaalis 5 years Public Works Bill Curry 10 years Water Sewer Ricky Goodman 10 years Water Sewer Stephanie Hogan 15 years Finance Pete Ryerson 15 years Parking Services Danny Carpenter 35 years Public Works Employee of the Year: Anthony Errato – Police Department Employee of the Quarter: Chris Epley – Fire Department - Page 7 - 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. City Council Meeting Minutes, February 14, 2019 - Page 8 - City Council Meeting Minutes, February 14, 2019 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on February 14, 2019. Those present were Julie Livingston, Monty Parks, John Branigin, 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, January 10, 2019  Special City Council Meeting Minutes, January 16, 2019  Special City Council Meeting Minutes, January 23, 2019  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 by increasing the budget by $207,273 from $13,761,695 to $13,968,968  To request that the City Council approve a budget amendment to the FY2019 Hotel Motel Excise Tax Special Revenue Fund by increasing the revenue and expenditures by $62,000 from $3,107,000 to $3,169,000.  Agreement with the City of Tybee Island for the Highway Median Improvements and Landscaping Project. Discussion: Dr. Gillen confirmed funding and the anticipated completion would be prior to Memorial Day.  Intergovernmental Contract - Chatham County Recreation Authority  Approve bid and ward YMCA gym roof repairs to Metalcrafts. Discussion: Mayor Buelterman confirmed this is for replacement of the roof over the office and repairs for the remaining roof area. Ms. Hudson confirmed there is money in the budget for this work.  Approve bids and authorize purchase of metal barricades and water filled barricades.  Approve quotes and award Sewer Lift Station Repairs to Southern Civil, LLC  Resolution - Chatham County Recreation Authority  Amendment to Resolution Requesting Local Legislation to Update the Charter. Discussion: Council recommended Mr. Hughes amend the Resolution to reflect if there is more than one year left in the term of the outgoing council member, there will be a special election. If less than a year, it will be done by appointment. This will be consistent with State. Mr. Hughes confirmed. Julie Livingston made a motion to adjourn to Executive Session to discuss litigation and personnel. Monty Parks seconded. Vote was unanimous, 5-0. Monty Parks made a motion to adjourn to regular session. Shirley Sessions seconded. Vote was unanimous, 5-0. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Jan LeViner, Clerk  Pledge of Allegiance Mayor Buelterman recognized Mr. Hughes as it is his 26 anniversary with the City. - Page 9 - Mayor Buelterman thanked all the citizens for their generosity in the recent fund drive for the Coast Guard. We were able to collect approximately $35,000 which was distributed among the six Coast Guard units in Chatham County. Gift cards were also sent to the Coast Guard unit in Brunswick as they were also in need. Barry Brown also thanked the MRS, Rising Tyde Food Panty, citizens and visitors for everything they did. Kathryn Williams and George Spriggs approached Mayor and Council. Mr. Spriggs stated the reason for their presentation is to explain their request for mitigation due to the business losses that were incurred after Hurricane Matthew and as a result of the City’s effort to clean up and the utilization of the North Beach Parking Lot for debris deposit. He asked Mayor and Council to direct their attention to the monitor for his presentation. Pictures included mounds of debris collected from the Island. Mr. Spriggs stated they understand and understood at the time the necessity for using the area but feel the North Beach Grill was effected and their business was greatly impaired. This scenario went on from October 2016 to February 2017 and changes that went on during that time were air quality, noise from the trucks and smell. Mr. Spriggs discussed the loss of future bookings of the North Beach Grill as there was not a timetable in place as to when the debris would be gone. Hence, further monetary loss. They are hoping the City understands the situation and find merit in their petition. Ms. Livingston asked Ms. Williams if they have provided the City with their financial records from the year prior to Hurricane Matthew for a comparison. Ms. Williams responded they have never been requested. Ms. Livingston then asked Ms. Williams what were the working hours for the debris removal company. Ms. Williams responded they were trying to be respectful and were only working in the daylight hours. Ms. Sessions asked if she has compared her losses to other businesses on the Island. Ms. Williams stated no other restaurant was dealing with the situation but she was sure there was a decline in business but not impacted to the degree they were. Ms. Session asked for a timeline of their correspondence with the City. Ms. Williams stated almost immediately. Mr. Hughes stated he was not aware of any laws that justify a damage type claim against the City or a law site claim under circumstances like this. He has done extensive research and confirmed he cannot find anything. This is a unique situation. Mr. Hughes requested they supply him with a legal theory that would justify their claim. Ms. Session asked when the first lease was executed. Mr. Spriggs stated 2001 and expired after 15 years at which time a new lease was negotiated. Mayor Buelterman asked Mr. Hughes for his recommendation. Mr. Hughes responded he would like for their attorney to provide him with their version of the legal theory that would justify compensation. He continued, the amount of loss does not enter until there is a theory under which there could be potential exposure on the City’s part. There was a discussion regarding the placement and removal of the debris and the repaving of the North Beach Parking Lot. All this continued to hamper their ability to operate their business. Ms. Williams and Mr. Spriggs thanked Mayor and Council for their consideration. Jan Wills approached Mayor and Council to thank them for making the Zinnia the City flower. Monty Parks made a motion to approve the consent agenda. Julie Livingston seconded. Vote was unanimous, 5-0. Public Hearings Text Amendment: Sec. 2-010 Terms & Definitions - Text Changes. George Shaw approached Mayor and Council. Mr. Shaw stated at a recent variance application it came to the attention of Staff and Planning Commission there are several elevators on the Island that open on to roof tops above 35’ and this is not the intent of the ordinance. The only thing that can be above the 35’ is the mechanics of the elevator. Minor changes have been made to the wording - Page 10 - and Planning Commission approved unanimously. Mr. Parks stated the concern was people were building decks around the entrance to the elevator and asked if the proposed text amendment would stop that. Mr. Shaw responded the City does not control if someone has a flat roof and uses the elevator at that level. Monty Parks made a motion to approve. Julie Livingston seconded. Vote was unanimous to approve, 5-0. Mayor Buelterman asked Mr. Shaw at what point can Mayor and Council direct Planning Commission to look at solutions to prevent another large boat, such as the recent gambling boat, moor at Tybee Island. Mr. Shaw started he will put that on an upcoming agenda to discuss uses for that District. He asked Mayor and Council to forward any recommendations to be presented to the Planning Commission. Zoning Variance: Consideration Of Setback Encroachment- 701 Butler Avenue- Zone R-2- 4-0005-19-009- Lynn Moody. George Shaw approached Mayor and Council. Mr. Shaw stated Mr. Moody is asking for a variance for approximately a 5’ front yard set-back variance and 5-6’ side yard set-back variance to expand a porch on his home at 701 Butler Avenue. He stated the existing stairs extend somewhat into the front set-back and the house sits well within the set-backs. Mr. Shaw stated there is no hardship and Staff and Planning Commission unanimously recommend denial. Mr. Parks asked if the front steps are the only exit from the second floor. Mr. Shaw stated he believes there are interior stairs. Mayor pro tem Brown gave a brief history of the property as it is considered a Tybee Cottage. He feels the neighbors are not going to be effected by the variance and recommends approval. Ms. Livingston asked Mr. Shaw if the 200’ Rule applies. Mr. Shaw responded that it applies to new development. There was a discussion regarding the interpretation of the Rule regarding new and old construction. Mayor Buelterman asked if there are issues with the line of sight. Mr. Shaw responded he visited the property and there is sufficient line of sight to traffic, both vehicular and foot. Mr. Parks recommended changing the ordinance so this would not be an issue in the future. Mayor pro tem Brown disagreed as each request needs to be looked at individually and treated on an individual basis. Lynn Moody approached Mayor and Council. He asked the Clerk to distribute a handout showing Sec 3-090. His interpretation of the 200’ Rule pertains to both new and old construction. Mr. Moody stated their intention is to maintain the Tybee Cottage look with the addition. His family spends 80 – 90% of their time on the porch and this addition would expand their outdoor living experience. Ms. Livingston asked Mr. Moody if calculations have been done. Mr. Moody confirmed and as a result of his calculations, he would qualify for the 200’ Rule. Ms. Livingston asked if he has those calculations with him. Mr. Moody responded no. Ms. Sessions asked if this is a short term rental. Mr. Moody stated no they are considered full time residents although he does have a Savannah address as his mail goes to his business address in Thunderbolt. Mayor Buelterman recommended Staff have clarification on exactly what the 200’ Rule is as it pertains to new and old construction. Ms. Sessions would like quarterly joint meetings with the Planning Commission for continuity. Mr. Parks expressed his concerns that the Planning Commission was not provided the same information as Mayor and Council. Mr. Moody asked Mayor and Council to vote in the affirmative. Barry Brown made a motion to approve. John Branigin seconded. Voting in favor were John Branigin, Barry Brown and Shirley Sessions. Voting against was Monty Parks and Julie Livingston. Vote to approve, 3-2. Consideration of Ordinances, Resolutions Resolution - Hotel - Motel Resolution. John Branigin made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 5-0. - Page 11 - Julie Livingston made a motion to adjourn to executive session to discuss litigation and personnel. Monty Parks seconded. Vote was unanimous, 5-0. Julie Livingston made a motion to return to regular session. Shirley Sessions seconded. Vote was unanimous, 5-0. Mayor Buelterman called the meeting to order. Mr. Hughes stated in the absence of a threat of litigation he would like direction from Mayor and Council on how to proceed. Mr. Parks requested Mr. Hughes meet with Ms. Williams and Mr. Spriggs to discuss and bring back to Mayor and Council. Ms. Session recommended it would come back before Mayor and Council the second meeting in March. Mr. Hughes confirmed. Julie Livingston made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 5-0. Meeting adjourned at 8:25. ______________________________ __________________________ Janet R. LeViner, CMC Jason Buelterman Clerk Mayor - Page 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: 4. Special City Council Meeting Minutes, February 20, 2019 - Page 13 - 4364004.1 000572-001066 MINUTES OF SPECIAL COUNCIL MEETING A special meeting was held on February 20, 2019, at 4:00 p.m. pursuant to an appropriate call of Council. Present were: Jason Buelterman, Mayor, Barry Brown, Mayor Pro Tem, and Council Members Julie Livingston, Shirley Sessions, John Branigan and Monty Parks. Wanda Doyle was absent. City Manager, Shawn Gillen, was present, as well as City Attorney, Edward M. Hughes. The sole item addressed was change order No. 1 in connection with the Marine Science Center project. The change order concerned the moving of a pole related to a weather monitoring device from the construction area. A motion was made by Monty Parks and seconded by John Branigan and passed unanimously to approve the change order from West Construction in the amount of $4,511.00 which will be charged to the contingency for this phase of the project. Monty Parks made a motion to adjourn, which was seconded by John Branigan, and the meeting was adjourned. 572-1066 - Page 14 - 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. Courtney Reich - Carry Capacity Study Implementation Coastal Incentive Grant - Goodwyn Mills Cawood Ecological Planning Group - Page 15 - 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: 02/28/2019 Item: Discussion and Presentation Explanation: Carrying Capacity Study Implementation Coastal Incentive Grant – Goodwyn Mills Cawood Ecological Planning Group – Courtney Reich         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: 02/14/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org - Page 16 - - Page 17 - - Page 18 - - Page 19 - - Page 20 - - Page 21 - - Page 22 - - Page 23 - 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. February 28, 2019 Council Agenda Items:: Tybee Wine Festival, April 25, Special Event-Liquor, Beer and Wine Tybee Wine Festival, April 26, Special Event-Liquor, Beer and Wine Tybee Wine Festival, April 27, Special Event-Liquor, Beer and Wine - Page 24 - - Page 25 - - Page 26 - - Page 27 - - Page 28 - - Page 29 - - Page 30 - - Page 31 - - Page 32 - - Page 33 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 7. February 28, 2019 Agenda Request Agenda Request-Tybee Island Social Club-Alcohol and Entertainment License-Liquor Beer Wine Sunday Sales Wine-Package - Page 34 - - Page 35 - - Page 36 - - Page 37 - - Page 38 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 8. Memorandum of Agreement, Information Hut Partnership - Page 39 - Page 1 of 1 * Agreement contingent upon availability of staffing by Visit Tybee. PARTIES: City of Tybee Island; Visit Tybee, a division of the Savannah Area Chamber of Commerce SERVICE: Tybee Island Information (Info) Hut Partnership TERM: May 24, 2019 to September 2, 2019 A Classic Main Street Community MEMORANDUM OF AGREEMENT This Agreement, entered into this day of , 2019 serves to be representative of a partnership between the City of Tybee Island (City) and Visit Tybee (DMO), a division of the Savannah Area Chamber of Commerce, for services at the Info Hut. WITNESSETH In consideration of the mutual understanding contained herein, the Parties hereby agree to the following for the 2019 spring and summer season: 1. The DMO will be responsible for: a. providing staffing (hiring, training and managing) during the 2019 spring and summer season. i. staff coverage (if sufficiently secured) will be approximately 1 1am – 4pm Thursday thru Sunday. ii. staff will consist of part-time staff operating on a shift-work schedule. iii. if sufficient staffing is not secured, Visit Tybee will notify the City prior to May 1. b. providing general liability insurance for Info Hut staff. c. providing information to the public specific to Tybee Island, local businesses and events, during hours of operation. d. providing a monthly e-report to the city’s Development Authority/Main Street staff person regarding estimated number of people served, a breakdown of which states people were from, and top five asked questions (as time permits). 2. The City will be responsible for: a. ensuring the exterior and interior (including air conditioning unit and refrigerator) of the Info Hut is appropriately maintained. b. providing information for posting at the Info Hut via the Development Authority/Main Street Program. i. information will include answers to frequently asked questions. c. providing assistance to the Info Hut staff as necessary from the city’s Development Authority/Main Street staff. d. providing electricity to the Info Hut as available. e. posting contact information at the Info Hut for the Visit Tybee staff and public. f. providing space for the informational map (provided in 2016) of Tybee Island to be posted at the Info Hut. g. providing seasonal complementary parking passes for Info Hut staff. i. tag registration information will be required to be provided prior to May 13. h. providing one parking space near the Info Hut, which will designated by a sign, during times of Info Hut staff coverage (availability not guaranteed). Signatures provided below by involved Parties constitutes mutual acceptance of this Agreement*. Jason Buelterman, Mayor Date City of Tybee Island Sara Lane, Executive Director Date Visit Tybee - Page 40 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 9. Unopened Rights-of-Way Motar Subdivision, Mark Boswell - Page 41 - - Page 42 - - Page 43 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 10. Unopened Rights-of-Way, Solomon Avenue and Polk Streets, Boswell/Rossehl - Page 44 - - Page 45 - - Page 46 - - Page 47 - - Page 48 - - Page 49 - - Page 50 - 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. Abandoned and unused Rights-of-Way, Solomon Avenue, Yellin - Page 51 - - Page 52 - - Page 53 - - Page 54 - - Page 55 - - Page 56 - - Page 57 - - Page 58 - - Page 59 - - Page 60 - - Page 61 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 12. Lease - Tybee Island YMCA - Page 62 - STATE OF GEORGIA ) ) AGREEMENT COUNTY OF CHATHAM ) This Agreement, made and entered into this ______ day of ______________, 2019 by the City of Tybee Island, Georgia, (hereinafter the “City”) and YMCA of Coastal Georgia, Inc. (hereinafter “YMCA”). WITNESSETH: WHEREAS, the City is a municipal corporation under Georgia law authorized to recreational services, activities and facilities to citizens and is desirous of improving its ability to do so; and, WHEREAS, the YMCA is a non-profit corporation engaged in providing programs, facilities and equipment for sporting and recreational activities and programming; and, WHEREAS, the City is desirous of entering into an agreement with the YMCA in order to better provide recreational activities, equipment and facilities to the citizens of Tybee Island; and, WHEREAS, the parties wish to enter into an agreement to jointly provide recreational facilities, services and programs to all citizens of Tybee Island; and, WHEREAS, it is the intent of the City and the YMCA to continue to work together in good faith under this agreement, the policies of the City and applicable laws of the City and the State of Georgia, to assure the success of the program. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained the City and the YMCA, intending to be legally bound, hereby covenant and agree as follows: 1. The YMCA shall provide a Director who will work with the City of Tybee Island to provide recreational programs for the City. The Director shall be a YMCA employee. 2. The YMCA Branch Director’s responsibilities will be the following: a. Coordinate with the City Manager to provide recreational programs to City residents. b. Provide for open access to the gym by maintaining a presence in the building. c. Provide financial statements including monthly budget to actual and annual revenues and expenditures on a quarterly basis, including year to date calculations. d. Provide program evaluations and program participation reports on a quarterly basis, including resident and visitor statistics. e. Coordinate the scheduled maintenance of the gymnasium with the Department of Public Works pursuant to a maintenance schedule and work order process. f. Provide capital equipment consisting of fitness equipment used exclusively in the YMCA Fitness Center located in the Annex Building. - Page 63 - 3. The YMCA will open the Solomon-Youmans Complex (the gymnasium) to Tybee residents at no charge and will be allowed to partition the gymnasium for YMCA programming. The YMCA will provide staff to monitor activities in the gymnasium from: a. 5:30 am—9:00 p.m. Monday – Thursday b. 5:30 am—8:30 p.m. Friday c. 8:00 am—6:00 p.m. Saturday d. 1:00pm—5:00 p.m. Sunday The YMCA will charge non-resident, non-YMCA member rates to use the gymnasium and these rates will be determined by the YMCA but reported to the City. 4. The YMCA shall have exclusive use of the Annex Building used for the YMCA fitness center. 5. The YMCA, through the YMCA Branch Director, shall determine fees for programs, and reduce the fees charged to Tybee Island residents for those programs by the following schedule: a. 10% discount given to Tybee Island residents for all youth programs. b. Tybee residents over the age of 60 may participate in Group Exercise Classes at no charge and without having a YMCA membership. c. Tybee residents will be able to join the Tybee Island YMCA for a reduced rate. This membership will only be valid at the Tybee Island YMCA branch. d. Teen programming will be offered at no charge or at a reduced rate. 6. The YMCA shall be responsible for the normal maintenance of the City owned facilities or areas that are assigned for the exclusive use of the YMCA. “Normal maintenance” as used herein is to include janitorial and cleaning type services and repairs of less than $1,000.00 in value. A schedule of janitorial and cleaning activities is attached hereto. This should not include the cost of improvements or repairs in excess of $1000.00 to such facility and those maintenance responsibilities will be the City responsibility. Schedule 1. 7 The YMCA shall establish and maintain a Board of Managers including City residents. 8. The YMCA shall provide a list of proposed annual recreational programing and a timeline to be presented to the City Council at the November meeting of each year. All new recreational programs will be approved by the City Manager before implementing. 9 The YMCA shall provide full fitness center membership rights at no charge for Tybee Island Fire Department and Police Department personnel including volunteers. Further, the YMCA shall provide full fitness center membership rights at no charge to all city employees and elected officials. 10. The YMCA shall coordinate with the City Manager all aspects of implementing this Agreement. 11. As part of the consideration herefor, the City shall pay the YMCA an amount equal to one-twelfth (1/12) of the approved YMCA annual budget with such payments being made on a monthly basis. The annual budget to calculate such fees must be submitted to the City sixty (60) days prior to the end of the then current fiscal year and must be approved by the City. - Page 64 - 12. Participants shall submit proper paperwork to the City to reserve facilities following the standard operating procedures of the City. 13. The City’s responsibilities will be the following: a. Designate the classrooms in the former school that are available for use by the YMCA. b. Provide telephone/fax/computer network for the gymnasium. c. Provide the utilities for the gymnasium, old school and school annex building. d. Provide for capital equipment or items for City use other than fitness equipment used exclusively in the YMCA fitness center. The City will do this through its annual budget. The YMCA will provide recreational equipment. e. The City will provide for capital improvements to its buildings and any modification to recreational facilities through its annual budget process. g. Coordinate the use of the recreation facilities for special events with the YMCA Director and through the City’s facilities coordinator. h. Provide evaluation of the YMCA programming, routine facility maintenance and utility usage. i. Communicate with the YMCA Director, the cleaning schedule as well as scheduled ground maintenance so as to conduct activities in an efficient and non-disruptive manner. 14. The City will assist the YMCA in communicating and promoting all programs and services by posting information prepared by the YMCA on the Tybee public access channel, distributing information in City Hall and other mutually agreed upon promotional avenues. 15. USE OF CITY PROPERTY. The City agrees to make its property available pursuant to this and such separate agreements as may be appropriate, for the use of the YMCA in conducting programs authorized hereunder and to provide certain equipment for use in the programs. The City will perform its ordinary and normal ground maintenance and ground preparations prior to the start of sports seasons and special events; however, if the requirements of the YMCA programs necessitate additional grounds maintenance, the YMCA will assist the City in preparing the property for use in the programs and the parties will cooperate in good faith in order to facilitate the programs. 16. INDEPENDENT CONTRACTOR. The relationship between the City and the YMCA shall be that of an independent contractor, and neither the YMCA nor its employees shall be deemed an employee, representative or agent of the City of any reason whatsoever. Neither the YMCA nor its employees is entitled to receive from the City any insurance coverage, workers’ compensation benefits, pensions, profit sharing, paid vacation, sick leave, disability or other benefits which might normally be provided by the City to its officers or employees. 17. COOPERATION BETWEEN THE PARTIES. The City and the YMCA shall fully cooperate with each other in the programming, equipment handling, equipment maintaining, transportation, and facility readiness and all other aspects of the arrangement documented by this Agreement. 18. ASSIGNMENT AND SUBLEASING. The YMCA may not, without the consent of the City, sublease any premises described herein nor assign any of its rights or interests in any premises or this Agreement without the written consent of the City. - Page 65 - 19. IDEMNIFICATION. YMCA, its successors in title and assigns, shall indemnify, protect, save and hold harmless the City, its officers, council persons, employees and agents from and against any and all claims, demands, judgments, set-offs, losses, damages, liabilities, awards, fines, and expenses, including without limitation, the concurrent negligence of one or more of the parties herein indemnified and YMCA, its successors in title, and assigns, the contributory negligence of any party indemnified herein and any third party, and any attorney’s fees, expenses, or other costs associated with or incurred, based on or in any manner relating to the subject matter of this Agreement or the use of any premises hereunder, including but not limited to, injury to persons or property, actual damages, consequential damages, punitive damages, losses, set-offs, warranty claims, products liability claims, conversion claims, nuisance claims, provided however, that nothing contained in this provision shall be interpreted to indemnify or hold harmless any indemnified party against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence or willful misconduct of such indemnified party. Without limiting the foregoing indemnity, YMCA, its successors and assigns, shall indemnify the City for all defense costs, including reasonable attorney’s fees, judgments and amounts paid in settlement. 20. INSURANCE. The YMCA agrees that it shall at all times during the term hereof, at its own expense, and in the name of and for the protection of itself, the City, and such other persons as the City may designate, keep policies of insurance with an insurance company approved by the City as follows: a. All equipment and improvements located on the premises shall be fully insured against loss by fire, lightening, windstorm and other casualties. b. Public liability insurance in the usual form indemnifying the parties described above against loss or damage occasioned by any incident or casualty occurring in, upon or about the premises or the sidewalks, alleys or other property adjacent thereto or for any incident or casualty occurring or arising from or by reason of or in connection with activities conducted by YMCA and/or the City under this agreement. Such policy or policies shall provide at least the following limits of coverage: $1,000,000.00 with respect to any injury to any one person; $3,000,000.00 with respect to injury resulting from any one occurrence giving rise to liability; $1,000,000.00 with respect to any injury or damage to property. c. All insurance policies required pursuant to this Agreement shall contain an express waiver of any rights of subrogation by the insurer against the City. 21. RIGHT TO TERMINATE. The City and the YMCA agree that either party may terminate this agreement for any reason, or for no reason, upon giving the other party one hundred and eighty days (180) days written notice of the termination. 22. TERM. This Agreement shall be effective for a period of five (5) years unless it is not renewed pursuant to the terms hereof. As required by Georgia law, all obligations of the City shall conclude at the end of each fiscal year; however, the Agreement shall automatically renew on an annual basis for any year until five (5) years from the date hereof in which the City does not provide written notice of its election not to renew ninety (90) days in advance of the end of the City’s then current fiscal year. - Page 66 - 23. The City shall be responsible for cleaning, regular maintenance and repairs to the following areas: a. HVAC systems in all buildings, including filter replacement in all units, plumbing and electrical systems, water heaters, maintenance and upkeep of the facility structures. b. Weekly cleaning of the gymnasium floor. The YMCA will be responsible for the cleaning, maintenance and minor repairs as defined herein of the following areas: Janitorial services for the gymnasium, Annex and Old School, excluding the Old School Cafeteria, and rooms not designated for YMCA programming in the Old School according to Schedule 1. IN WITNESS WHEREOF, the Parties hereto have set their hands and seal this______ day of _______________________, 2019. CITY OF TYBEE ISLAND, GEORGIA BY: ________________________________ JASON BUELTERMAN, MAYOR ATTEST: ___________________________ JAN LEVINER, CITY CLERK Reviewed and approved as to form: BY: _________________________________ EDWARD M. HUGHES, CITY ATTORNEY YMCA OF COASTAL GEORGIA, INC. BY: ________________________________ Print Name:______________________ ATTEST: ___________________________ Print Name: _____________________ - Page 67 - Schedule 1 HOUSEKEEPING AND JANITORIAL SERVICES All of the following services are to be completed. DAILY: Lobby/Office/Common Area All of the above areas should receive daily floor cleaning to include damp mopping of all hard surface areas, vacuuming of all carpeted areas, and scrubbing/spot cleaning of any heavily soiled surfaces All of the above areas should receive daily removal of trash to include red hazardous waste containers. All trash to be deposited in trash dumpster onsite, any recyclables to be placed in recycling canister on site, and hazardous materials to be boxed and taped for collection of hazardous waste company. All of the areas above to have all plumbing fixtures scrubbed and cleaned. Fixtures include sinks, faucets, water fountains, bottle filling stations, toilets and urinals. All of the above areas to receive horizontal dusting of surfaces to include file cabinets, chairs, tables, desktops, computers, phones and any further furniture located in these areas. All of the above areas to receive daily dusting of all tiles and air vents. All of the above areas to receive glass cleaning of all glass surfaces found within these locations. All of the above areas to be sanitized during cleaning with an approved medical disinfectant. DAILY: Restrooms Restrooms to receive daily (and as needed) stocking of all supplies such as hand towels, tissue and hand soap. All sanitary napkin receptacles should be emptied daily (and as needed) and disinfected. Empty trash receptacles and wipe if needed. Clean and polish mirrors. Sinks, faucets, toilets and urinals to be cleaned and disinfected inside and out. Clean/dust partitions, tops of mirrors and frames and all ceiling vents. All splash marks from walls, mirror and around sinks to be removed. Disinfect all countertops, plumbing fixtures and floors. All surfaces to be disinfected with an approved medical disinfectant. - Page 68 - DAILY: Rooms All trash/recyclable receptacles to be emptied and trash removed to appropriate dumpster location. All trash/recyclable cans to be cleaned inside and out. Wipe down all cabinets, refrigerators and microwave doors and dust the topes of these pieces of equipment. Clean and disinfect all drinking fountains/bottle filling stations. Wipe all chairs down. Clean and disinfect sinks, faucets and hardware. Clean/disinfect all tables and countertops. Dust mop hard surface floors, then damp mop with approved disinfectant. Clean interior and exterior of any windows or partition glass. WEEKLY: Lobby/Office/Common Areas Dust all vertical surfaces of desk, file cabinets, chairs, tables and other furnishings. Thoroughly dust all base boards. Remove fingerprints and marks from around light switches and doorframes. Scrub gymnasium floor, using specialized equipment. ANNUAL Annual strip and wax of all VCT floors. - Page 69 - - Page 70 - - Page 71 - - Page 72 - - Page 73 - - Page 74 - - Page 75 - - Page 76 - - Page 77 - - Page 78 - - Page 79 - - Page 80 - - Page 81 - 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. The purpose of this agenda item is to acquire the City Council’s approval to amendment the SPLOST 2003 Capital Project Fund’s fiscal year 2018-2019 budget by an increase of $3,933,524, changing the budget from $421,098.63 to $4,354,622.63. - Page 82 - 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: February 28, 2019 Item: The purpose of this agenda item is to acquire the City Council’s approval to amendment the SPLOST 2003 Capital Project Fund’s fiscal year 2018-2019 budget by an increase of $3,933,524, changing the budget from $421,098.63 to $4,354,622.63. Explanation: The purpose of this agenda item is acquire the City Council’s approval to amend the SPLOST 2003 Capital Project Fund’s fiscal year 2018-2019 budget to include the transfer of $300,000 from the General Fund and the Series 2019 Revenue Bond proceeds of $ 3,633,524; thus increasing the budget from $421,098.63 to $4,354,622.63 to pay for the construction cost of building a new marine science center. The State of Georgia Uniform Chart of Accounts state that “if special local option sales taxes are one of the funding sources (and no general obligation bonds are being used) fund 321 must be used for the total financing of the project”. Therefore, all of the revenue sources and costs related to building the new marine science center must be accounting for in the SPLOST 2003 Capital Project Fund. Budget Line Item Number (if applicable): A detail of the SPLOST 2003 Capital Project Fund’s budget changes by is shown below and in the “Attachment A” schedule included with this agenda item. REVENUES The detail of the changes to the Revenue Budget’s line items is explained below: Amended Department Account Description Account Number Current Budget (Expenditures)Budget Balance Increase Decrease Budget Balance N/A Interest Income 321.00.36.1000 274.00 (596.80)(322.80)0.00 (322.80) N/A Prior Year Fund Balance 321.00.39.1300 421,098.63 0.00 421,098.63 0.00 421,098.63 N/A Transfer In from General Fund 321.00.39.1201 0.00 0.00 0.00 300,000.00 300,000.00 N/A Premium on Bonds Sold 321.00.39.3400 0.00 0.00 0.00 223,524.00 223,524.00 N/A Refunding of Bond Proceeds 321.00.39.3300 - 0.00 0.00 3,410,000.00 3,410,000.00 SUBTOTAL LINE ITEM REVENUE INCREASES\DECREASES:3,933,524.00$ -$ 4,354,299.83$ 421,372.63$ Net Change 3,933,524.00$ CURRENT BUDGET:421,098.63$ AMENDED BUDGET BALANCE 2-28-2019:4,354,622.63$ REVENUE LINE ITEM INCREASES Requested Budget Adjustment • Transfers in $300,000 from the General Fund to line item 321.00.39.1201, Transfer in from General Fund, this is the money previously dedicated to the marine science center project by the City Council; • Establish a budget of $223,524 in line item, 321.00.39.3400, Premium on Bonds Sold for the premium earned on selling the Series 2019 Revenue Bonds; and • Establish a budget of $3,410,000 in line item, 321.00.39.3300, Refunding of Bond Proceeds for the money received from issuing the Series 2019 Revenue Bonds. - Page 83 - 2 | Page EXPENDITURES The detail of the changes to the Expenditure Budget’s line items is explained below: Amended Department Account Description Account Number Current Budget (Expenditures)Budget Balance Increase Decrease Budget Balance N/A Marine Sicence Center 321.6172.57.2001 420,824.63 (46,470.92)374,353.71 (280,000.00)94,353.71 N/A Buildings - MSC 321.6172.54.1310 0.00 0.00 3,800,000.00 280,000.00 4,080,000.00 0.00 0.00 0.00 0.00 N/A Issuance Costs 321.9000.58.4000 - 0.00 0.00 132,274.00 0.00 132,274.00 N/A Fiscal Agent's Fees 321.9000.58.3000 - 0.00 1,250.00 0.00 1,250.00 N/A Discounts on bonds Sold 321.9000.61.5000 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,933,524.00$ -$ 4,307,877.71$ Net Change 3,933,524.00$ CURRENT BUDG 421,098.63$ AMENDED BUDGET BALANCE 2-28-2019:4,354,622.63$ -$ Requested Budget Adjustment EXPENDITURE LINE ITEM INCREASES\DECREASES SUBTOTAL LINE ITEM EXPENDITURE INCREASES\DECREASES: • Decrease line item, 321,6172.57.2001, Marine Science Center – Design by ($280,000) to transfer the money to line item 321.3162.54.1310, Building for the construction phase of the project; • Establish a budget of $4,080,000 in the line item, 321.6172.54.1310, Building. This includes the following: o $280,000 from SPLOST 2003 line item 321.6172.57.2001, Marine Science Center-Design o $300,000 from the Transfer in from the General Fund, and o $3,500,000 from the issuance of the Series 2019 Revenue Bonds. • Establish a budget of $132,274 in line item, 321.9000.58.4000, Issuance Costs to account for payments to bond underwriters, legal fees and other associated costs with bond issuance. • Establish a budget of $1,250 in line item, 321.9000.58.3000, Fiscal Agent Fees to account for payment to the Bank of New York Mellon for services rendered in paying interest and redeeming debt payments. Paper Work: ____X_ Attached* Already Distributed Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org February 20, 2019 Date given to Clerk of Council - Page 84 - ATTACHMENT A Date Received by Finance: FINANCE USE ONLY: Date Submitted:Packet No. BA Ref No. Purpose: Date Processed: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance Increase Decrease Budget Balance N/A Interest Income 321.00.36.1000 274.00 (596.80)(322.80)0.00 (322.80) N/A Prior Year Fund Balance 321.00.39.1300 421,098.63 0.00 421,098.63 0.00 421,098.63 N/A Transfer In from General Fund 321.00.39.1201 0.00 0.00 0.00 300,000.00 300,000.00 N/A Premium on Bonds Sold 321.00.39.3400 0.00 0.00 0.00 223,524.00 223,524.00 N/A Refunding of Bond Proceeds 321.00.39.3300 - 0.00 0.00 3,410,000.00 3,410,000.00 SUBTOTAL LINE ITEM REVENUE INCREASES\DECREASES:3,933,524.00$ -$ 4,354,299.83$ Net Change 3,933,524.00$ CURRENT BUDGET:421,098.63$ AMENDED BUDGET BALANCE 2-28-2019:4,354,622.63$ N/A Marine Sicence Center 321.6172.57.2001 420,824.63 (46,470.92)374,353.71 (280,000.00)94,353.71 N/A Buildings - MSC 321.6172.54.1310 0.00 0.00 3,800,000.00 280,000.00 4,080,000.00 0.00 0.00 0.00 0.00 N/A Issuance Costs 321.9000.58.4000 - 0.00 0.00 132,274.00 0.00 132,274.00 N/A Fiscal Agent's Fees 321.9000.58.3000 - 0.00 1,250.00 0.00 1,250.00 N/A Discounts on bonds Sold 321.9000.61.5000 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,933,524.00$ -$ 4,307,877.71$ Net Change 3,933,524.00$ CURRENT BUDGET:421,098.63$ AMENDED BUDGET BALANCE 2-28-2019:4,354,622.63$ -$ 1.) Signature of Department Director: _____________________________ Date __________________ ______________________________ 2.) Was the Budget Amendment Request approved by the City Council? YES NO N/A If yes, please indicate the date approval was given: _____________________________Date:______________________________ Attach Copy of Agenda Item and minutes from the City Council Meeting 3.) Signature of Finance Director: _____________________________ Date: __________________ REVENUE LINE ITEM INCREASES CITY OF TYBEE ISLAND, GEORGIA BUDGET LINE ITEM AMENDMENT REQUEST FORM Department Submitted By:02/28/2019 To amend the SPLOST 2003 FY19 budget to include the Series 2019 Revenue Bonds proceeds and related expenditure budget; and to include the transfer in from the General Fund. Requested Budget Adjustment EXPENDITURE LINE ITEM INCREASES\DECREASES SUBTOTAL LINE ITEM EXPENDITURE INCREASES\DECREASES: Signature of Finance Employee who Processed the Request: - Page 85 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 14. The purpose of this agenda item is to present the City Council with cell tower lease proposal from T-Mobile to operate wireless cell phone\internet equipment from the 111 Butler Avenue water tower. - Page 86 - 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: February 28, 2019 Item: The purpose of this agenda item is to present the City Council with cell tower lease proposal from T-Mobile to operate wireless cell phone\internet equipment from the 111 Butler Avenue water tower. Explanation: The purpose agenda item is determine if the City Council wishes to accept the lease terms and fee rates proposed by the T-Mobile The current T-Mobile cell tower lease agreement will end August 11, 2019. The Finance Department proposed the following lease term and rates to T-Mobile which they rejected: Description Beginning Term Year Ending Term Year Monthly Lease Amount Escalation Percentage Increase Annual Income Initial Contract Period August 12, 2019 August 11, 2024 4,341.19 32.60%52,094.30 1st renewal term August 12, 2024 August 11, 2029 5,756.42 32.60%69,077.04 2nd renewal term August 12, 2029 August 11, 2034 7,633.01 32.60%91,596.15 3rd renewal term August 12, 2034 August 11, 2039 10,121.37 32.60%121,456.50 Grand Total 334,223.98 FINANCE DEPARTMENT'S PROPOSED RENEWAL TERMS & RATES FOR THE T-MOBILE CELL TOWER LEASE AGREEMENT Description Beginning Term Year Ending Term Year Monthly Lease Amount Escalation Percentage Increase Annual Income Initial Contract Period 1999 2004 1,500.00 27.60%18,000.00 1st renewal term 2004 2009 1,914.00 27.60%22,968.00 2nd renewal term 2009 2014 2,443.00 27.60%29,316.00 3rd renewal term 2014 2019 3,118.00 27.60%37,416.00 Increased by 5%Current 08/11/2019 3,273.90 32.60%39,286.80 Grand Total 146,986.80 CURRENT T-MOBILE CELL TOWER LEASE AGREEMENT TERMS & RATES - Page 87 - 2 | Page T-Mobile representatives submitted the following cell tower lease terms and rate proposal: Description Beginning Term Year Ending Term Year Monthly Lease Amount Escalation Percentage Increase Annual Income Initial Contract Period August 12, 2019 August 11, 2024 3,601.29 10%43,215.48 1st renewal term August 12, 2024 August 11, 2029 3,961.42 10%47,537.03 2nd renewal term August 12, 2029 August 11, 2034 4,357.56 10%52,290.73 3rd renewal term August 12, 2034 August 11, 2039 4,793.32 10%57,519.80 4th renewal term August 12, 2039 August 11, 2044 5,272.65 10%63,271.78 Grand Total 263,834.83 T-MOBILE PROPOSED RENEWAL CELL TOWER LEASE AGREEMENT A copy of T-Mobile’s written lease extension proposal is includes as an attachment with this agenda item, along with the company’s equipment construction drawings. Budget Line Item Number (if applicable): Current Budget Amendment Amended Budget The money from the T-Mobile cell tower lease is accounted for in the water and sewer fund under revenue account number, 505.00.38.1002, Tower Space Rental Revenue. Paper Work: __X__ Attached* Already Distributed Submitted by: Shawn Gillen, City Manager Phone / Email: (912) 472-5021/ahudson@cityof tybee.org February 21, 2019 Date given to Clerk of Council - Page 88 - 8/10/2018 PDF Render 1/1 LEASE EXTENSION PROPOSAL – TERM SHEET To:Angela Hudson From:Jon Moodie on behalf of T-Mobile Subject:Site #:8SV0943A |Lease #:107621 |Focus #:MF-309533.1 Date:August 10, 2018 On the terms and conditions set forth below, T-Mobile would consider extending its existing lease agreement for the site located at: Property / Site Address:111 Butler Avenue Tybee Island ,Georgia 31328 Current Term Expiration Date:Aug 11, 2019 New Rent A.New Base Rent $3,601.29 B.New Rent Frequency Monthly C.New Escalations 10 % D.New Escalation Frequency Term New Term A.Number of Renewal Terms 4 B.Renewal Term Length (months)60 Rent Guarantee Period A.Rent Guarantee Period (months) B.Rent Guarantee Value 0 Other A.Please verify or write in the correct legal ownership for this Property. Is this correct? Yes / No City Of Tybee Island B.Please verify or write in the correct address for the Property where the Site is located. Is this correct? Yes / No 111 Butler Avenue Tybee Island ,Georgia 31328 C.Please verify or write in the correct address for notice and correspondence. Is this correct? Yes / No P.O Box 2749 Tybee Island ,Georgia 31328 Landlord Initial: Tenant Initial: **This proposal will expire at the close of business 10 days from the date of this Term Sheet unless extended by a T-Mobile officer or director. Landlord may consent to the above terms outlined above by initialing as indicated above and returning to T-Mobile (add POC). Please note that this proposal is not a binding commitment and is subject to review and approval of documentation by all parties. Participation in this program is not required and T-Mobile will continue to abide by the terms of the original Lease Agreement between the parties, including exercising termination rights where they exist. If the parties agree to move forward with the proposed lease extension, they will enter into a mutually acceptable lease amendment, which documents the agreed upon terms and conditions in this Term Sheet. - Page 89 - NN- Page 90 - ¾“” - Page 91 - N- Page 92 - NN- Page 93 - - Page 94 - NN- Page 95 - - Page 96 - - Page 97 - - Page 98 - - Page 99 - - Page 100 - - Page 101 - N- Page 102 - NN- Page 103 - - Page 104 - - Page 105 - 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. Georgia Power Company Distributed Generation Agreement - Page 106 - Distributed Generation Service Agreement Page 1 of 4 Revised December 28, 2015 Distributed Generation (“RNR”) Service Agreement Georgia Power Company Subject to the terms and provisions of O.C.G.A. § 46-3-50 et seq. (The Georgia Cogeneration and Distributed Generation Act of 2001) and the rules, regulations and tariffs of Georgia Power Company (“Company”), the undersigned Provider herewith applies for metering and interconnection service and the provision of a distributed generation energy supply to the Company as follows: Georgia Power Customer Information: Provider’s Name (Should be the same as on the Georgia Power Account) Project’s Service Address Georgia Power Account Number Provider’s Mailing Address Contact Person, if different than account name Phone Number E-mail Address Fax Number Network Underground Customer? Yes* No *If yes, contact the Georgia Power Distributed Generation Project Manager at GPCGoRenew@southernco.com before completing. Installer Information: Name Phone Number Address Installation Company E-mail Address Fax Number - Page 107 - Distributed Generation Service Agreement Page 2 of 4 Revised December 28, 2015 GENERATOR INFORMATION The Provider or Provider’s designated representative shall supply the following information. All applicable items must be completed in order that the Company may review the Provider’s generating facilities for interconnection with the Company’s distribution system. It is the Provider’s responsibility to construct and maintain an interconnected generator that meets safety, power quality, and interconnection requirements as specified in the Southern Company document entitled “Parallel Operation of Generation on the Distribution System”. Manufacturer & Model Number Type (Wind-Turbine, Photovoltaic, or Fuel cell, etc.): DC (Nameplate) Kilowatt (kW) Rating: Kilovolt-Ampere (kVA) Rating: Voltage Rating: Ampere Rating: Number of Phases: Frequency: Is this an induction generator? Yes No If yes, reactive power (in VARs) required is_____________ at no load and at full load. Do you plan to export power? Yes No If yes, annual energy amount Provider expects to export (kWh): __________ Expected Start-up Date: ____/____/______ Is the normal operation of this generator intended to provide power to meet base load, demand management, standby, back-up, or other? (Please describe): Is the required one line diagram attached? Yes No If no, please explain: Is the list of specifications on protective devices attached? Yes No Is the layout sketch showing lockable, “visible” disconnect device attached? Yes No - Page 108 - Distributed Generation Service Agreement Page 3 of 4 Revised December 28, 2015 METERING, INTERCONNECTION, AND BILLING INFORMATION Terms and conditions of Renewable and Nonrenewable Resources Tariff (RNR-8) (or its successor) as approved by the Georgia Public Service Commission (GPSC) are incorporated by reference in this document. Company reserves the right to modify this agreement during its term based upon modification of RNR-8 (or its successor) terms and conditions as approved by the GPSC. The Single Directional Metering Option requires two (2) meters and is only available for solar photovoltaic facilities. All of the solar energy produced is measured through the additional meter and purchased by the Company according to RNR-8 (or its successor). The Bi-directional Metering Option requires one (1) meter capable of measuring electricity flow in both directions and is available to all technologies, including solar. Company agrees to compensate Provider for energy deliveries according to the “Payment for Energy” section of RNR-8 (or its successor). Purchases under the Bi-directional Metering Option are only for the energy generated by the Provider, and the Provider retains environmental attributes. Purchases under the Single Directional Metering Option, for contracts executed before January 1, 2011, include any environmental attributes, however denominated, including all benefits and entitlements in addition to the electrical output. Purchases under the Single Directional Metering Option, for contracts executed after January 1, 2011, do not include any environmental attributes and the energy shall be purchased at avoided cost pricing. Such compensation may increase and/or decrease during the contract term according to current GPSC policy. Provider selects the following metering option: Single Bi-directional Provider’s equipment shall be engineered, designed, installed, maintained and operated by Provider at Provider’s own expense. Provider shall provide all equipment necessary to meet applicable safety, power quality and interconnection requirements established, from time to time, by the National Electrical Code, National Electric Safety Code, the Institute of Electrical and Electronic Engineers and Underwriters Laboratories. Provider shall comply with the requirements for parallel operation as established in the latest edition of Southern Company Parallel Operation of Generation on the Distribution System document. Copies of such requirements and O.C.G.A. § 46-3-50 et seq. are available from the Company. Company agrees to provide interconnection and metering capability at the above listed service address at Provider’s expense. In addition to any initial interconnection and metering installation costs, the Provider is also responsible for all monthly and on-going operation and maintenance costs. Based on existing facilities and project scope, Company reserves the right to require that Provider execute the Company’s Interconnection Agreement if Provider’s generator interconnection requires Company facilities other than a meter. Provider shall pay a monthly metering service charge as specified in RNR-8 (or its successor). Charges shall be payable for the term of this agreement regardless of sales to the Company by Provider. This service charge may be updated from time to time by the Georgia Public Service Commission. - Page 109 - Distributed Generation Service Agreement Page 4 of 4 Revised December 28, 2015 Measuring energy flows shall meet the requirements of O.C.G.A. § 46-3-55. Where such measurement shows generation by the Provider for which a credit or payment shall be made, the terms and conditions of RNR-8 (or its successor) will govern compensation to the Provider. Company shall have the right, but not the obligation, to inspect from time to time the portions of Provider’s facility that interconnect or relate to the safety of the provision of energy to Company. Company reserves the right to disconnect Provider’s equipment from Company lines and facilities when in Company’s judgment continued parallel operation is unsafe or may cause damage to persons or property. Provider’s equipment shall also be disconnected if Provider fails to comply with Company’s parallel operation requirements. Upon such separation, Company shall promptly notify Provider so that any unsafe condition can be corrected. Unless terminated for default in the performance of the obligations hereunder, this agreement is for a term of five (5) years. In the event of an early termination or default by Provider, Provider shall pay the unpaid metering charges for the entire term. Notices hereunder shall be effective upon posting to the addresses stated hereon. Provider represents that any sales to Georgia Power pursuant to this Agreement shall be deemed to be in accordance with the obligations of Georgia Power and the Georgia Public Service Commission pursuant to Section 210 of PURPA, 16 U.S.C. § 824a-3 and the GPSC’s orders thereunder. PROVIDER Name (Please print): Signature: Date: GEORGIA POWER COMPANY By: Title: Acceptance Date: - Page 110 - 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. GCIC NCJ User Agreement - Page 111 - - Page 112 - - Page 113 - - Page 114 - Criminal Justice Information System Management Control Agreement The and Criminal Justice Agency (CJA) the agree Non-Criminal Justice Agency (NCJA) that the CJA is responsible for conducting state and national fingerprint-based and name-based background checks in order to grant/deny access to criminal justice information (CJI) for applicants/personnel of the NCJA pursuant to the GCIC Council Rules and the FBI CJIS Security Policy. It is understood that the CJA is responsible for the management control with respect to the administration of the portion of the computer systems and network infrastructure interfacing directly or indirectly with the Georgia CJIS Network for the interstate exchange of CJI/criminal history record information (CHRI). The CJA shall have the authority to set, maintain and enforce through management control: (1)Standards for the selection, supervision, and termination of personnel access to CJI. (2)Policy governing operation of justice systems, computers, access devices, circuits, hubs, routers, firewalls, and any other components, including encryption, that comprise and support a telecommunications network and related criminal justice systems to include but not limited to CJI/CHRI, insofar as the equipment is used to process or transmit criminal justice systems information guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. (3)Restriction of unauthorized personnel from access or use of equipment accessing the Georgia CJIS Network. (4)Compliance with all rules and regulations of the aforementioned CJA policies and the CJIS Security Policy in the operation of all information received. Management control of the criminal justice function remains solely with the CJA. (FBI CJIS Security Policy, Section 5.1.1.4.) The GCIC Council Rules and FBI CJIS regulations serve as the authoritative source of management control guidance in all matters relating to personnel investigations and standards, as well as Georgia CJIS Network supervision and monitoring. This agreement covers the overall supervision of all CJA systems, applications, equipment, systems design, programming, and operational procedures associates with the development, implementation, and maintenance of CJA systems to include GCIC/NCIC programs that may be subsequently designed, and/or implemented within the CJA. In WITNESS WHEREOF, the parties have executed this agreement as of the date set forth: CJA Agency Head Signature NCJA Agency Head Signature Print Name Print Name Date Date CJIS Management Control Agreement Rev. 20170401 - Page 115 - 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. Resolution - SPLOST - Page 116 - RESOLUTION BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND: WHEREAS, the City of Tybee Island is an authorized municipality organized and existing under the laws of the State of Georgia; and WHEREAS, as a qualified municipality, the City of Tybee Island is entitled to provide certain services and is required to comply with certain obligations; and WHEREAS, as part of the accounting and budgeting process, the City of Tybee Island is to comply with Governmental Accounting Standards, Board Requirements and Statements; and WHEREAS, the City of Tybee Island is to maintain its accounts in an appropriate manner so as to comply with auditing requirements and accounting standards and may designate certain funds as enterprise funds or other funds with different status including general funds, special revenue funds, capital project funds, debt service funds, permanent funds, etc.; and WHEREAS, the City of Tybee Island wishes to clarify certain funds and to establish the authority for the transfer to and from certain funds as may be necessary and appropriate and to restrict transfers from certain funds. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting duly assembled, as follows: 1. To provide for the raising of revenues and appropriations of funds to support the City of Tybee Island, Georgia for fiscal year beginning July 1, 2018 and ending June 30, 2019 in order to provide for the operations of government departments; elected officials, other governmental activities; and to provide for the level of personnel authorized for the various departments the City of Tybee Island hereby amends and adopts the Fiscal Year 2018-2019 Revenue and Expenditure Operating and Capital Budget for the following funds: SPLOST 2003 Capital Project Fund-321 $4,354,622.63. 2. Tybee Island has previously designated certain funds for debt service to be specifically reserved to account for and are restricted to, committed or assigned funds for the expenditure for principle and interest obligations. 3. There is an established special revenue fund used to account and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects. - Page 117 - 4. Capital project funds currently assigned are to include funds set aside by the mayor and council for greenspace, beach renourishment, and capital projects on the city’s capital improvement plan as established by the mayor and council. 5. Tybee Island receives Special Purpose Local Option Sales Tax Funds, which are to be separately maintained and segregated and only used for the expenditures for capital improvement projects authorized by county-wide referendum, intergovernmental agreement, and the agreed capital improvement plan of the City. 6. Tybee Island receives hotel/motel tax proceeds which are to be maintained and used as required by Georgia law and only in accordance therewith. 7. Tybee Island continuously accumulates funds for beach nourishment purposes and, further, seeks additional funding for beach nourishment projects including from federal sources, state, county and grant sources to acquire sufficient funds for such projects. All funds received from whatever source in connection with a beach nourishment project must be accounted for in a completely transparent manner and consistent with any restrictions imposed by the grantor of such funds. No transfers from any such restricted funds can be made except upon the express approval of the mayor and council. 8. There is hereby established a stabilization fund to be used to account for transfers from other funds when necessary, with all such transfers being reported to the mayor and council if made by other than the express approval of the mayor and council 9. WHEREAS, The Finance Director has presented for adoption and/or approval the matters addressed herein. IT IS SO RESOLVED, this the ____ day of ___________________, 2019. CITY OF TYBEE ISLAND, GEORGIA By: ___________________________________ Jason Buelterman, Mayor ATTEST: By: ___________________________________ Clerk of Council Tybee/Resolutions/2018/funds - Page 118 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Backup material for agenda item: 18. First Reading, 2019-03, Graffiti - Page 119 - 4358866.1 000572-000001 ORDINANCE NO. 2019-03 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING GRAFFITI 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 __________ relating to graffiti. 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 _____________ dealing with graffiti so that hereafter the section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section ___________ to be added so that hereafter such section shall read follows: Sec. ___________________. Sec. ___-1. Purpose and Intent. The City Council of the City of Tybee Island is enacting this ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Council is authorized to enact this ordinance pursuant to its police powers under Georgia law, as well as the City Charter, to provide for the removal of graffiti from private and public property. Sec. ___-2. Findings; Nuisance. Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners, as well as the entire community. Unless the City acts to require the removal of graffiti from public and private property, the graffiti tends - Page 120 - 2 to remain and other properties then become the target of graffiti and entire neighborhoods are affected and become less desirable all to the detriment of the City. Further, the City finds that rapid or prompt removal (less than 72 hours) serves as a deterrent to future defacement and such defacement is less likely to reappear. The City finds that graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, signage, other structures, trees, and other real and personal property within the City constitutes a nuisance. The City Council intends, through the adoption of this ordinance to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. This ordinance is not intended to conflict with any existing state laws prohibiting or impacting graffiti. Sec. ___-3. Definitions. For purposes of this ordinance, the following words shall have the meanings respectively subscribed to them in this section except where the context clearly indicates a different meaning: (a) Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or other substance capable of defacing property. (b) Broad tip marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble. (c) Etching equipment means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface. (d) Graffiti means any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement to the - Page 121 - 3 extent that the graffiti was not authorized in advance of the owner or occupant of the property or, despite advance authorization, is otherwise deemed a public nuisance by the City Council. See also O.C.G.A. § 17-15A-2 which is incorporated herein by reference. (e) Graffiti abatement shall mean the abatement procedure that identifies graffiti, issues notices to the landowner to abate the graffiti, and cures or removes such graffiti in absence of a response. (f) Graffiti implement means an aerosol paint container, a broad tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush, or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. (g) Gum label means any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, whether the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts including, but not limited to, decals, stickers, patches, stamps, or labels. (h) Paint stick or graffiti stick means any device confirming a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width. (i) Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (j) Private contractor means any person with whom the City shall have contracted to remove graffiti. Sec. ___-4. Graffiti prohibited. - Page 122 - 4 It shall be a violation of this section for any person to write, paint, draw, carve, scratch, erect, or place upon any wall, rock, bridge, building, fence, gate, signage, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure, or mark of any type which is commonly known or referred to as “graffiti.” Any such “graffiti” shall be removed or eradicated within 72 hours of its first appearance. Sec. ___-5. Violation. A violation of any of the provisions of this section shall be punishable by fine, restitution, or other penalty as provided by the City Code. Sec. ___-6. Notice to Remove. (a) Whenever the City’s Code enforcement officer or his designee determines that graffiti exists on any private property which is visible to any person utilizing any public road, parkway, alley, sidewalk, or other right of way or any public park or property, the Code enforcement officer shall cause a notice to be issued to abate such nuisance. The property owner shall be given three (3) days from the date of the notice to remove the graffiti or the same will be subject to abatement by the City. (b) The notice to abate graffiti pursuant to this section shall be a written notice and shall be served upon the owner(s) of the affected property, as such owner(s) name and address appears on the last property tax assessment rolls of Chatham County, Georgia. If there is no known address for the owner, the notice shall be sent to the property address. The notice may be served in any of the following manners: (1) By personal service on the owner, occupant, or manager of the property; (2) By registered or certified mail addressed to the owner; or (3) By posting a copy on the property. - Page 123 - 5 Sec. ___-7. Removal by City; lien. Upon failure of the owner(s) to comply with the notice to remove, the code enforcement officer shall issue a notice to appear before the code enforcement board. The City Manager shall be permitted to allow the city or private contractor to remove the graffiti and charge any costs associated with removal to the owner of the property. The City Manager shall not be limited to removal by the city or a private contractor and may allow any fines, restitution, or other penalty to become a lien against the property. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. - Page 124 - 6 ADOPTED THIS DAY OF , 2019. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572-572-1 - Page 125 - 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. First Reading, 2019-04, Sec 22-36, Disorderly Household - Page 126 - 1 ORDINANCE NO. 2019-04 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES BY ADDING AN ARTICLE DEFINING AND REGULATING A DISORDERLY HOUSE NUISANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, 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 adopt ordinances under its police and home rule powers, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island to define and regulate a disorderly house nuisance, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Chapter 22 of the Code of Ordinances of the City of Tybee Island is hereby amended to create a new article to be designated as Article IIA, Disorderly House Nuisance to hereafter read as follows: ARTICLE IIA DISORDERLY HOUSE NUISANCE CODE. SECTION 22-33 GENERAL DEFINITIONS. For the purposes of this Article, the following definitions shall apply: 1. “Dwelling” means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one (1) dwelling, and accessory buildings such as garages located on the same Premises. 2. “In or on the premises of any Dwelling” means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located. 3. “Occupant” means any person who lives in or has possession of, or holds an occupancy interest in, a Dwelling; or any person residing in or frequenting the premises of the Dwelling with the actual or implied permission of the Owner or lessee. - Page 127 - 2 4. “Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the Dwelling; or one with an interest recorded in the official records of the state, county or municipality as holding title to the Dwelling; or otherwise having a control of the Dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court. SECTION 22-34 DISORDERLY HOUSE NUISANCE DEFINED. A “Disorderly House Nuisance” is a Dwelling within which, or on the premises of which, any of the following offense(s) have occurred within a three hundred sixty-five (365) day period. 1. One or more felonies or Three (3) misdemeanors, arising out of separate, and distinct facts and circumstances, as defined by the statutes of the State of Georgia, and/or the ordinances of the City of Tybee Island; or 2. Three(3) or more violations of Chapter 10 of the Code of the City of Tybee Island, relating to animals and fowls, arising out of separate and distinct facts and circumstances; or 3. Three (3) or more violations of Article II, Article III, or Article IV of Chapter 22 of the Code of the City of Tybee Island, relating to nuisances, property maintenance, and/or noises arising out of separate and distinct facts and circumstances; or 4. Three (3)or more violations of Chapter 42 of the Code of the City of Tybee Island, relating to various offenses, arising out of separate and distinct facts and circumstances; or 5. A combination of three (3) offenses from any of the above categories, arising out of separate and distinct facts and circumstances. SECTION 22-35 VIOLATION. 1. No owner or occupant or manager of any Dwelling shall allow or permit such Dwelling to be, or become, a Disorderly House Nuisance. 2. An owner and/or occupant, as the case may be, shall be deemed to have allowed or permitted a Dwelling to be, or become, a Disorderly House Nuisance, if: a. The owner or occupant has personally committed the acts set forth in Section 22-34; or b. Such acts were committed by invitees of the occupant or owner; or - Page 128 - 3 c. Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the occupant or owner; or d. Such acts were committed by a combination of subsections a, b or c; or e. The owner, occupant and manager, if any, has or have been provided with the written notice of a Disorderly House Nuisance pursuant to Section 22-36, below, the facts alleged therein are true, and the owner or occupant and/or manager fails or refuses to enter into a Nuisance Abatement Agreement, or after entering into such Agreement, fails to comply with its terms. ANY NOTICE OF ABATEMENT DECISION OR AGREEMENT AND THE REQUIREMENTS THEREIN SHALL ATTACH TO THE PROPERTY INVOLVED REGARDLESS OF ANY CHANGE IN OWNERSHIP , OCCUPANCY OR MANAGEMENT AND ANY SUCH AGREEMENT OR DECISION SHALL SO PROVIDE SECTION 22-36 WRITTEN NOTICE OF DISORDERLY HOUSE NUISANCE. No person shall be prosecuted for a violation of Section 22-35 until the Director of Community Development - Economic Director or such similar position as then exists (hereafter “Director”), or his designee, shall serve such person or persons or entity with the notice provided herein, and the persons, or entity have or has either failed, or refused, to enter into the Nuisance Abatement Agreement, provided for hereinafter, or after entering into such Agreement, fails to comply with its provisions. Such Notice may be served on any person by personal service, or in the case of an occupant, who has not been personally served, by restricted mail addressed to the address of the Dwelling, or, in the case of a Non-Occupant Owner, by restricted mail to his/her last known address, or, if none, to the address to which any tax statement is provided to such owner for the Dwelling and in the case of a property manager, to the business address of such manager. Such notice shall contain, at a minimum, the following: 1. That a Disorderly House Nuisance exists, as defined by Section 22-34, at the location specified in the notice. 2. The date of the commission of the acts which constitute the basis for the Disorderly House Nuisance, the name(s) of the person(s) committing such acts, if known, and the offense committed, the violation time, date and type and the code section making such conduct or occurrence an offense with the case number, if applicable, and include a notice that additional violations of laws or ordinances at the location may result in the suspension or cancellation of a business permit or license to operate a STVR at the location following a hearing or an opportunity for a hearing thereon before the city manager.. 3. The date, time and place where the person is to appear, and meet with the Director - Page 129 - 4 or his designee, to participate in the Nuisance Abatement Conference. 4. That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time and place designated in the notice may result in prosecution of a violation of Section 22-35 and the imposition of penalties, as proscribed by the Article and the Code of Ordinances. SECTION 22-37 NUISANCE ABATEMENT CONFERENCE. At the nuisance abatement conference, the Director or his designee, and the owner And/or occupant, and/or manager shall discuss the facts constituting the Disorderly House Nuisance and shall attempt to agree on specific actions that the owner and/or occupant can take to abate said Disorderly House Nuisance. SECTION 22-38 NUISANCE ABATEMENT AGREEMENT. 1. At the conclusion of the nuisance abatement conference, the Director or his designee shall submit to the owner and/or occupant a proposed written nuisance abatement agreement. If at the conclusion of the conference, the Director or his designee needs more time to draft said proposed agreement, then a follow- up meeting shall be scheduled with the owner and/or occupant, within ten (10) days of the initial conference for submittal and review of the completed proposed nuisance abatement agreement. 2. Any nuisance abatement agreement under this article shall include a list of specific actions and specific schedule of deadlines for said actions to abate the Disorderly House Nuisance. It may also include provisions for a periodic reassessment of the agreement effectiveness, and the procedure for a modification of the agreement. A nuisance abatement agreement or any written modification to said agreement may impose conditions or requirements on the owner and/or occupant and/or manager for a period of twelve(12) months from the date of the original agreement entered into by the owner and/or occupant and/or manager and the City. A nuisance abatement agreement may impose one or more of the following conditions or requirements on the owner and/or occupant. a. Eviction of identified individuals from the dwelling in question, b. Written notification from the owner and/or occupant and/or manager to an identified individual or individuals that they are prohibited from entering onto the Premises of the Dwelling, c. Utilization of written leases containing a provision or provisions requiring eviction for criminal activity, d. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigation of crime, including but not limited to the erection of fences, installation of security devises upon the entrances or increased lighting, - Page 130 - 5 e. Any other reasonable condition or requirement designated to abate the Disorderly House Nuisance. 3. Once a proposed written nuisance abatement agreement or written modification to nuisance abatement agreement has been submitted to the owner and/or occupant and/or manager said owner and/or occupant and/or manager shall have forty-eight (48) hours to review it and enter into said agreement by signing it and returning it to the Community Development Director or his designee. SECTION 22-39 COMMENCEMENT OF PROSECUTION. The Director or his designee, may commence prosecution alleging a violation of this Article under the following circumstances: 1. The owner and/or occupant does not attend a conference with the City within the time period described previously. 2. The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in this section. 3. The owner and/or occupant agent subsequently fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for taking particular actions. Sec. 22-39.1. SHORT TERM RENTAL PROPERTIES. Notwithstanding any other provisions of the Code, in the event the property or dwelling in question is a location authorized or permitted for short term vacation rentals, the permit and/or occupational tax certificate and/or license for the operation of such location may be revoked for ordinance or other violations as provided herein. Such revocation may occur following a notice being delivered to the owner, occupant and/or agency managing the property from the city manager requiring that an administrative hearing before the manager be held. Following such a hearing, or an effort to hold such a hearing in the event that the owner, occupier, or agent does not appear, the manager is authorized to suspend, revoke, place on probation with restrictions, or take other appropriate action with regard to the permit, occupational tax certificate, or business license for the location. The owner, occupant, or agent may appeal the manager’s decision to the Superior Court of Chatham County but, in the absence of a court order providing otherwise, the decision of the manager goes in force immediately, and an appeal does not act as a supersedes. At the option of the manager, the procedures of Sec. 34- 39 may be used to address license revocation proceedings in lieu of the above. SECTION 22-40 ACTION TO ABATE PENALTIES. In addition to prosecution of the offense defined in this Article or pursuing any other remedies available under this Code, the Director or his designee, upon receipt of reliable information that any Dwelling within the corporate limits of the City is being maintained - Page 131 - 6 as a Disorderly House Nuisance, may prosecute an action for equitable relief, in the name of the City, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the Dwelling in question from using or permitting its use in violation of the provisions of this ordinance. SECTION 22-41 JUDGMENT. No judgment finding a violation of this ordinance shall be entered against an owner and/or occupant who has, in good faith, endeavored to prevent the nuisance. Any owner and/or occupant who has complied with all conditions or requirements of a nuisance abatement agreement and any modifications to said agreement, as defined by the ordinance, shall be deemed to have endeavored in good faith to prevent the nuisance. SECTION 22-42 PENALTIES. Upon a finding of guilt under this Article, the Court may, in addition to other remedies permitted by the Code, impose a term of probation for a term of up to one (1) year, conditioned on any or all of the following: 1. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting; and 2. Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity; 3. Submitting tenancy lists on a periodic basis to the Police Department; 4. Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the Court, such bond to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision on conditional discharge. 5. Any other condition reasonably related to the objective of abating the Disorderly House Nuisance. The paragraph, section, or article numbers referred to herein and the order thereof may be changed or renumbered in the codification process without further action by the Mayor and Council. This Ordinance shall become effective on ________ day of __________________, 2019. ADOPTED THIS DAY OF , 2019. - Page 132 - 7 _________________________________ MAYOR ATTEST: CLERK OF COUNCIL - Page 133 - 8 3091556.1 000572-015436 FIRST READING: SECOND READING: ENACTED: G:\EMH\TYBEE\ORDINANCES\07-2018\Disorderly House Nuisance 05.17.18; as changed 10.24.18 - Page 134 - 1 ORDINANCE NO. 2019-04 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES BY ADDING AN ARTICLE DEFINING AND REGULATING A DISORDERLY HOUSE NUISANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, 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 adopt ordinances under its police and home rule powers, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island to define and regulate a disorderly house nuisance, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Chapter 22 of the Code of Ordinances of the City of Tybee Island is hereby amended to create a new article to be designated as Article IIA, Disorderly House Nuisance to hereafter read as follows: ARTICLE IIA DISORDERLY HOUSE NUISANCE CODE. SECTION 22-33 GENERAL DEFINITIONS. For the purposes of this Article, the following definitions shall apply: 1. “Dwelling” means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one (1) dwelling, and accessory buildings such as garages located on the same Premises. 2. “In or on the premises of any Dwelling” means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located. 3. “Occupant” means any person who lives in or has possession of, or holds an occupancy interest in, a Dwelling; or any person residing in or frequenting the premises of the Dwelling with the actual or implied permission of the Owner or lessee. - Page 135 - 2 4. “Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the Dwelling; or one with an interest recorded in the official records of the state, county or municipality as holding title to the Dwelling; or otherwise having a control of the Dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court. SECTION 22-34 DISORDERLY HOUSE NUISANCE DEFINED. A “Disorderly House Nuisance” is a Dwelling within which, or on the premises of which, any of the following offense(s) have occurred within a three hundred sixty-five (365) day period. 1. One or more felonies or Three (3) misdemeanors, arising out of separate, and distinct facts and circumstances, as defined by the statutes of the State of Georgia, and/or the ordinances of the City of Tybee Island; or 2. Three(3) or more violations of Chapter 10 of the Code of the City of Tybee Island, relating to animals and fowls, arising out of separate and distinct facts and circumstances; or 3. Three (3) or more violations of Article II, Article III, or Article IV of Chapter 22 of the Code of the City of Tybee Island, relating to nuisances, property maintenance, and/or noises arising out of separate and distinct facts and circumstances; or 4. Three (3)or more violations of Chapter 42 of the Code of the City of Tybee Island, relating to various offenses, arising out of separate and distinct facts and circumstances; or 5. A combination of three (3) offenses from any of the above categories, arising out of separate and distinct facts and circumstances. SECTION 22-35 VIOLATION. 1. No owner or occupant or manager of any Dwelling shall allow or permit such Dwelling to be, or become, a Disorderly House Nuisance. 2. An owner and/or occupant, as the case may be, shall be deemed to have allowed or permitted a Dwelling to be, or become, a Disorderly House Nuisance, if: a. The owner or occupant has personally committed the acts set forth in Section 22-34; or b. Such acts were committed by invitees of the occupant or owner; or - Page 136 - 3 c. Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the occupant or owner; or d. Such acts were committed by a combination of subsections a, b or c; or e. The owner, occupant and manager, if any, has or have been provided with the written notice of a Disorderly House Nuisance pursuant to Section 22-36, below, the facts alleged therein are true, and the owner or occupant and/or manager fails or refuses to enter into a Nuisance Abatement Agreement, or after entering into such Agreement, fails to comply with its terms. ANY NOTICE OF ABATEMENT DECISION OR AGREEMENT AND THE REQUIREMENTS THEREIN SHALL ATTACH TO THE PROPERTY INVOLVED REGARDLESS OF ANY CHANGE IN OWNERSHIP , OCCUPANCY OR MANAGEMENT AND ANY SUCH AGREEMENT OR DECISION SHALL SO PROVIDE SECTION 22-36 WRITTEN NOTICE OF DISORDERLY HOUSE NUISANCE. No person shall be prosecuted for a violation of Section 22-35 until the Director of Community Development - Economic Director or such similar position as then exists (hereafter “Director”), or his designee, shall serve such person or persons or entity with the notice provided herein, and the persons, or entity have or has either failed, or refused, to enter into the Nuisance Abatement Agreement, provided for hereinafter, or after entering into such Agreement, fails to comply with its provisions. Such Notice may be served on any person by personal service, or in the case of an occupant, who has not been personally served, by restricted mail addressed to the address of the Dwelling, or, in the case of a Non-Occupant Owner, by restricted mail to his/her last known address, or, if none, to the address to which any tax statement is provided to such owner for the Dwelling and in the case of a property manager, to the business address of such manager. Such notice shall contain, at a minimum, the following: 1. That a Disorderly House Nuisance exists, as defined by Section 22-34, at the location specified in the notice. 2. The date of the commission of the acts which constitute the basis for the Disorderly House Nuisance, the name(s) of the person(s) committing such acts, if known, and the offense committed, the violation time, date and type and the code section making such conduct or occurrence an offense with the case number, if applicable, and include a notice that additional violations of laws or ordinances at the location may result in the suspension or cancellation of a business permit or license to operate a STVR at the location following a hearing or an opportunity for a hearing thereon before the city manager.. 3. The date, time and place where the person is to appear, and meet with the Director - Page 137 - 4 or his designee, to participate in the Nuisance Abatement Conference. 4. That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time and place designated in the notice may result in prosecution of a violation of Section 22-35 and the imposition of penalties, as proscribed by the Article and the Code of Ordinances. SECTION 22-37 NUISANCE ABATEMENT CONFERENCE. At the nuisance abatement conference, the Director or his designee, and the owner And/or occupant, and/or manager shall discuss the facts constituting the Disorderly House Nuisance and shall attempt to agree on specific actions that the owner and/or occupant can take to abate said Disorderly House Nuisance. SECTION 22-38 NUISANCE ABATEMENT AGREEMENT. 1. At the conclusion of the nuisance abatement conference, the Director or his designee shall submit to the owner and/or occupant a proposed written nuisance abatement agreement. If at the conclusion of the conference, the Director or his designee needs more time to draft said proposed agreement, then a follow- up meeting shall be scheduled with the owner and/or occupant, within ten (10) days of the initial conference for submittal and review of the completed proposed nuisance abatement agreement. 2. Any nuisance abatement agreement under this article shall include a list of specific actions and specific schedule of deadlines for said actions to abate the Disorderly House Nuisance. It may also include provisions for a periodic reassessment of the agreement effectiveness, and the procedure for a modification of the agreement. A nuisance abatement agreement or any written modification to said agreement may impose conditions or requirements on the owner and/or occupant and/or manager for a period of twelve(12) months from the date of the original agreement entered into by the owner and/or occupant and/or manager and the City. A nuisance abatement agreement may impose one or more of the following conditions or requirements on the owner and/or occupant. a. Eviction of identified individuals from the dwelling in question, b. Written notification from the owner and/or occupant and/or manager to an identified individual or individuals that they are prohibited from entering onto the Premises of the Dwelling, c. Utilization of written leases containing a provision or provisions requiring eviction for criminal activity, d. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigation of crime, including but not limited to the erection of fences, installation of security devises upon the entrances or increased lighting, - Page 138 - 5 e. Any other reasonable condition or requirement designated to abate the Disorderly House Nuisance. 3. Once a proposed written nuisance abatement agreement or written modification to nuisance abatement agreement has been submitted to the owner and/or occupant and/or manager said owner and/or occupant and/or manager shall have forty-eight (48) hours to review it and enter into said agreement by signing it and returning it to the Community Development Director or his designee. SECTION 22-39 COMMENCEMENT OF PROSECUTION. The Director or his designee, may commence prosecution alleging a violation of this Article under the following circumstances: 1. The owner and/or occupant does not attend a conference with the City within the time period described previously. 2. The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in this section. 3. The owner and/or occupant agent subsequently fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for taking particular actions. Sec. 22-39.1. SHORT TERM RENTAL PROPERTIES. Notwithstanding any other provisions of the Code, in the event the property or dwelling in question is a location authorized or permitted for short term vacation rentals, the permit and/or occupational tax certificate and/or license for the operation of such location may be revoked for ordinance or other violations as provided herein. Such revocation may occur following a notice being delivered to the owner, occupant and/or agency managing the property from the city manager requiring that an administrative hearing before the manager be held. Following such a hearing, or an effort to hold such a hearing in the event that the owner, occupier, or agent does not appear, the manager is authorized to suspend, revoke, place on probation with restrictions, or take other appropriate action with regard to the permit, occupational tax certificate, or business license for the location. The owner, occupant, or agent may appeal the manager’s decision to the Superior Court of Chatham County but, in the absence of a court order providing otherwise, the decision of the manager goes in force immediately, and an appeal does not act as a supersedes. At the option of the manager, the procedures of Sec. 34- 39 may be used to address license revocation proceedings in lieu of the above. SECTION 22-40 ACTION TO ABATE PENALTIES. In addition to prosecution of the offense defined in this Article or pursuing any other remedies available under this Code, the Director or his designee, upon receipt of reliable information that any Dwelling within the corporate limits of the City is being maintained - Page 139 - 6 as a Disorderly House Nuisance, may prosecute an action for equitable relief, in the name of the City, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the Dwelling in question from using or permitting its use in violation of the provisions of this ordinance. SECTION 22-41 JUDGMENT. No judgment finding a violation of this ordinance shall be entered against an owner and/or occupant who has, in good faith, endeavored to prevent the nuisance. Any owner and/or occupant who has complied with all conditions or requirements of a nuisance abatement agreement and any modifications to said agreement, as defined by the ordinance, shall be deemed to have endeavored in good faith to prevent the nuisance. SECTION 22-42 PENALTIES. Upon a finding of guilt under this Article, the Court may, in addition to other remedies permitted by the Code, impose a term of probation for a term of up to one (1) year, conditioned on any or all of the following: 1. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting; and 2. Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity; 3. Submitting tenancy lists on a periodic basis to the Police Department; 4. Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the Court, such bond to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision on conditional discharge. 5. Any other condition reasonably related to the objective of abating the Disorderly House Nuisance. The paragraph, section, or article numbers referred to herein and the order thereof may be changed or renumbered in the codification process without further action by the Mayor and Council. This Ordinance shall become effective on ________ day of __________________, 2019. ADOPTED THIS DAY OF , 2019. - Page 140 - 7 _________________________________ MAYOR ATTEST: CLERK OF COUNCIL - Page 141 - 8 3091556.1 000572-015436 FIRST READING: SECOND READING: ENACTED: G:\EMH\TYBEE\ORDINANCES\07-2018\Disorderly House Nuisance 05.17.18; as changed 10.24.18 - Page 142 - 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. First Reading, 2019-06, Sec 6-5 and 6-6, Fingerprints - Page 143 - Proposed 2019-06, Sec 6-5 and 6-6, Fingerprints, Redline Sec. 6-5. - Reporting to police department—Licensee. (a) Prior to or at the time of submitting an application, the applicant for a license or permit issued under the terms of this article and the owner of the proposed business shall submit themselves to the police department for fingerprinting as provided by law and in accordance with city procedures as directed by the city manager. (b) It shall be unlawful for any person or the holder of any who lesale liquor, beer or wine licenses or the holder of any retail liquor, beer or wine licenses to operate thereunder any place of business without having a registration card signed by the chief of police. (Code 1983, § 9-2-6) Sec. 6-6. - Same—Employees. (a) All employees shall, within 72 hours after the date of their first work in an establishment covered under the terms of this article, submit themselves for fingerprinting as provided by law and in accordance with city procedures as directed by the cit y manager.report to the police department for the purpose of being fingerprinted. (b) The chief of police shall furnish to each qualified employee an identification card with pertinent information thereon relating to the height, weight, hair color, eye color, date of birth, social security number, photograph of the holder of such identification card. A fee in the amount of $10.00 shall be charged for the preparation of such identification card. It shall be the responsibility of the employer to see that the employees are carrying with them an identification card at all times they are working. Said identification card will expire on December 31 of each year, and the employee must renew said identification card, and said card must, at all times, be in the po ssession of such person affected hereunder for him to be eligible to engage in such business. (Code 1983, § 9-2-7) Formatted: Indent: First line: 0.01" - Page 144 - 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. First Reading, 2019-07, Sec 6-88, Application Required and Sec 6-89, Issuance - Page 145 - 2019-07, Sec 6-88 and 89 Sec. 6-88. - Application required. Every person engaged within the city limits in carrying on the business of handling or selling malt beverages, as allowed by the act of the state legislature approved March 23, 1985 (known as th e Beer License Act), at wholesale, or retail, and every person hereafter intending to carry on such business in said city, as aforesaid, shall before continuing said business, or engaging therein, file with the clerk of the city an application for a permit to conduct and carry on such business; said application shall set forth the location and building where such business is being conducted or is to be conducted. (Code 1983, § 9-2-31) Sec. 6-89. - Issuance. (a) The city shall grant a license or permit hereunder when the same is found to be in the public interest and general welfare of the citizens of the city. All persons to whom such permit or license shall be issued shall take such permit or license subject to the same being revoked at any time as here in provided; such permit shall not be transferable. Permits or licenses so granted shall expire at the end of each calendar year, and may be renewed only in the manner and form as provided in this article for the ordinal granting of permits and licenses. (b) The city, in determining whether or not any license or permit applied for hereunder shall be granted, shall consider the following standards as indicative or whether or not the granting of said license or permit is in the public interest and general welfare: (1) The applicant's reputation, character and mental and physical capacity to conduct a business engaged in the sale of malt beverages; (2) That the applicant has not been convicted within ten years prior to the filing of the application of illegally possessing, transporting or selling malt beverages, and that he has never been convicted of an offense involving moral turpitude or a felony. (23) The location for which the license is sought relative to traffic congestion, general character of the neighborhood and the effect such as establishment would have on the adjacent and surrounding property value; (34) The number of licenses previously granted for similar businesses in the trading area of the place for which the license is sought; (45) The proximity of the location of said establishment to schools, churches, libraries and other public buildings in the surrounding area; (56) If applicant is a previous holder of a license to sell malt beverages, whether or not the applicant or his establishment has violated any law, regulation or ordinance relating to such business; and (67) If applicant is a previous holder of a license to sell malt beverages, the manner in which business was conducted thereunder requiring unusual police observation and inspection including the number and frequency of complaints filed by citizens objecting to the manner of conducting business at said location. (c) It shall be the policy of the city to deny a license to any establishment not meeting the standards set forth in this section. (Code 1983, § 9-2-32) Formatted: Normal - Page 146 - - Page 147 - 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. Bubba Hughes - Resolution - Charter Changes - Page 148 - - Page 149 - - Page 150 - - Page 151 - 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: 25. Bubba Hughes - Introduction 2019-02, Sec 42-66, Fireworks - Page 152 - 1657048.1 ORDINANCE NO. 02-2019 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, SO AS TO CREATE A NEW SECTION RELATING TO CONSUMER FIREWORKS AND FIREWORKS AND TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires add to Article III, Section 42-66 as to consumer fireworks and fireworks, to repeal conflicting ordinances and for other purposes. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of the City of Tybee Island, Georgia, Article V, Section 42-66, Fireworks, is hereby added and the Code is amended so that hereafter the section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Article III, Chapter 42, to be amended so as to add sections relating to consumer fireworks and fireworks, and the Code is hereby amended to add Section 42-66 to hereafter read as shown below. SECTION 2 Sec. 42-66. Except as expressly permitted by state law or as otherwise provided herein, the discharge of consumer fireworks within the city at other than permitted events shall be unlawful. (a) All words or phrases specifically defined in O.C.G.A. § 25-10-1 and used herein shall have the definition attributed to such word or phrase as provided in O.C.G.A. § 25-10-1, et - Page 153 - 2 seq. Consumer fireworks may only be used and sold as provided in the provisions of O.C.G.A. § 25-10-1 and except as otherwise provided herein. (b) Any producer of an event desiring to conduct a public display of fireworks shall first obtain a permit from the Judge of the Probate Court of Chatham County in accordance with the provisions set forth under state law. A special use permit shall be required for anyone seeking to ignite or cause to be ignited consumer fireworks beyond the time within which fireworks may be used under state law or outside of the time limits established under state law. Fireworks may not be used when pursuant to O.C.G.A. § 25-10-2(b)(3)(E) the governor has declared a prohibition on use due to draught conditions. Further, fireworks may be lawfully used from 10:00 a.m. up to and including 11:59 p.m. on any day unless during such times the noise from such use or ignition is not in compliance with the City Noise Ordinance. Additionally, state law permits the use of fireworks on January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after the time of 10:00 a.m. and up to and including the time of 11:59 p.m. and on January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 a.m. (c) Consumer fireworks may not be used indoors or within the right of way of any public road, street, or highway, or in any other location specifically prohibited by state law and, further, may not be used, ignited, or caused to be ignited on any property wherein its use has not been authorized by the property owner or individual or entity in control thereof, including the property of the city of Tybee Island. (d) Consumer fireworks may not be used within 100 yards of a facility engaged in retail gasoline sales or storage or any facility engaged in producing, refining, processing or blending any flammable liquid or gas(es) for sale or within 100 yards of any electric substation. - Page 154 - 3 (e) Consumer fireworks may not be used, ignited, or caused to be ignited in Jaycee Park, Memorial Park, the beach of the city, or any other property, including but not limited to any park, historic site, recreational area or other property owned, operated by, and/or under the control of the city unless a special use permit therefor has been granted. Special use permits shall require a fee of $100.00. (f) Consumer fireworks may not be used, ignited, or caused to be ignited by any person under the influence of alcohol or any drug or any combination thereof to the extent that it is less safe or unlawful for such person to ignite consumer fireworks or as provided in O.C.G.A. § 25-10-2.1. (g) It shall be unlawful to use, ignite, or cause to be ignited any consumer fireworks within one hundred (100) yards of a nursing home. This prohibition shall not apply to the owner or operator of a nursing home facility. (h) It shall be unlawful to use, ignite, or cause to be ignited any consumer fireworks in such a manner as to endanger the safety of life, limb, health or property of any person. (i) Every licensed distributor selling consumer fireworks pursuant to this Code section shall have within the retail display area all signs and information required under state law as now exists or as hereinafter amended. Such signs shall include the permissible days and times for the use or ignition of consumer fireworks as provided herein and as provided by state law. SECTION 3 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such - Page 155 - 4 illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 4 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 5 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 6 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2019. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572/1/Ordin 2018 fireworks 02.12.18 Rev 08.03.18 - Page 156 - 5 - Page 157 - 4359550.1 000572-000001 NOTICE Notice is hereby given that the Mayor and Council of the City of Tybee Island, Georgia, on the 28th day of February, 2019, at 7:00 p.m., at the Public Safety Building, 78 Van Horne Drive, Tybee Island, Georgia 31328, during its regularly scheduled meeting, shall consider on first reading an amendment to or readoption of its Noise Ordinance which will be generally applicable to and will apply to all manner of sounds or noises including, but not limited to, consumer fireworks. It is anticipated that second reading will occur on March 14, 2019, at 7:00 p.m., at the same location. The Ordinance will become effective immediately upon its approval on second reading unless otherwise decided. The use of consumer fireworks in the City of Tybee Island will be affected by the Ordinance. This Notice is provided at least 15 days in advance of the first and second reading of such Ordinance and is also being posted on the City’s website for at least 72 hours, 15 days in advance of the action of Council. For additional information, contact Jan LeViner, City Clerk, at 912-472- 5080, 403 Butler Avenue, Tybee Island, Georgia 31328. - Page 158 - 1657048.1 ORDINANCE NO. 16-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND THE PROVISIONS OF CHAPTER 22, ARTICLE IV, NOISE, SO AS TO REPEAL THE EXISTING ORDINANCE AND TO ADOPT A NEW ORDINANCE FOLLOWING THE PUBLICATION OF NOTICE AS REQUIRED BY STATE LAW AND TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the City of Tybee Island has in place a noise ordinance designated as Section 22-110; and WHEREAS, such noise ordinance is a general noise ordinance addressing various kinds of sources of noise and noises in general including all manner of sounds or noises; and WHEREAS, the City also has an ordinance designated as 46-66, et seq. and which addresses the use and sale of consumer fireworks; and WHEREAS, due to changes in state law applicable to fireworks and noise ordinances, it is appropriate and necessary for the City to adopt a new noise ordinance which shall generally apply to all sounds and noises within the City. 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, SHALL BE AMENDED AS FOLLOWS: SECTION 1 Present Article IV, Chapter 22, Noise, Sections 22-110 and 22-112 are to be repealed and replaced with identical Sections 22-110 and 22-112, including all subsections of each section thereof. Therefore, the ordinance and Article are readopted and are to be in full force and effect upon the effective date hereof. SECTION 2 - Page 159 - 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2018. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ - Page 160 - 3 ENACTED: 572.001.Ordin 2018//16-2018 noise 07.02.18 - Page 161 - 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: 26. Bubba Hughes, Introduction, 2019-05, Sec 22-110 and 22-112, Noise - Page 162 - 4359550.1 000572-000001 NOTICE Notice is hereby given that the Mayor and Council of the City of Tybee Island, Georgia, on the 28th day of February, 2019, at 7:00 p.m., at the Public Safety Building, 78 Van Horne Drive, Tybee Island, Georgia 31328, during its regularly scheduled meeting, shall consider on first reading an amendment to or readoption of its Noise Ordinance which will be generally applicable to and will apply to all manner of sounds or noises including, but not limited to, consumer fireworks. It is anticipated that second reading will occur on March 14, 2019, at 7:00 p.m., at the same location. The Ordinance will become effective immediately upon its approval on second reading unless otherwise decided. The use of consumer fireworks in the City of Tybee Island will be affected by the Ordinance. This Notice is provided at least 15 days in advance of the first and second reading of such Ordinance and is also being posted on the City’s website for at least 72 hours, 15 days in advance of the action of Council. For additional information, contact Jan LeViner, City Clerk, at 912-472- 5080, 403 Butler Avenue, Tybee Island, Georgia 31328. - Page 163 - 1657048.1 ORDINANCE NO. 2019-05 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND THE PROVISIONS OF CHAPTER 22, ARTICLE IV, NOISE, SO AS TO REPEAL THE EXISTING ORDINANCE AND TO ADOPT A NEW ORDINANCE FOLLOWING THE PUBLICATION OF NOTICE AS REQUIRED BY STATE LAW AND TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the City of Tybee Island has in place a noise ordinance designated as Section 22-110; and WHEREAS, such noise ordinance is a general noise ordinance addressing various kinds of sources of noise and noises in general including all manner of sounds or noises; and WHEREAS, the City also has an ordinance designated as 46-66, et seq. and which addresses the use and sale of consumer fireworks; and WHEREAS, due to changes in state law applicable to fireworks and noise ordinances, it is appropriate and necessary for the City to adopt a new noise ordinance which shall generally apply to all sounds and noises within the City. 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, SHALL BE AMENDED AS FOLLOWS: SECTION 1 Present Article IV, Chapter 22, Noise, Sections 22-110 and 22-112 are to be repealed and replaced with identical Sections 22-110 and 22-112, including all subsections of each section thereof. Therefore, the ordinance and Article are readopted and are to be in full force and effect upon the effective date hereof. SECTION 2 - Page 164 - 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2018. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ - Page 165 - 3 ENACTED: 572.001.Ordin 2018//16-2018 noise 07.02.18 - Page 166 - 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. Bubba Hughes - Horsepen Creek Road Settlement - Page 167 - - Page 168 - - Page 169 - 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. George Shaw, Plat Review, 15 Meddin - Page 170 - - Page 171 - - Page 172 - - Page 173 - - Page 174 - - Page 175 - 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: 33. Shawn Gillen Agenda Request: Delegation of Marine Science Center Project change order approval to city manager. Agenda Request: Update on USACE Beach Renourishment Update on 2018 Beach Ambassador Season and Changes and Improvements to the program for 2019 Update on JC Park Virtual Parking Permit Program - Page 176 - 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 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Council Meeting Date for Request: February 28, 2019 Item: Delegation of Marine Science Center Project change order of approval to City Manager. Explanation: _The City Manager will communicate the change order to the Ad Hoc Committee and the City Council prior to approval. Budget Line Item Number (if applicable): Paper Work: Attached* _____ Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Shawn Gillen Phone / Email: 472-5070 / sgillen@cityoftybee.org Comments: ________________________________________________________________________________ __________________________________________________________________________________________ Date given to Clerk of Council February 21, 2019 - Page 177 - 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 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Council Meeting Date for Request: February 28, 2019 Item: Update on USACE Beach Renourishment Explanation: Budget Line Item Number (if applicable): Paper Work: Attached* _____ Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Shawn Gillen Phone / Email: 472-5070 / sgillen@cityoftybee.org Comments: ________________________________________________________________________________ __________________________________________________________________________________________ Date given to Clerk of Council February 21, 2019 - Page 178 -