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
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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
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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
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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.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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 $3,410,000 in line item, 321.00.39.3300, Refunding of Bond Proceeds for the money received
from issuing the Series 2019 Revenue Bonds.
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2 | Page
EXPENDITURES
The detail of the changes to the Expenditure Budget’s line items is explained below:
Amended
Department Account Description Account Number Current Budget (Expenditures)Budget Balance Increase Decrease Budget Balance
N/A Marine Sicence Center 321.6172.57.2001 420,824.63 (46,470.92)374,353.71 (280,000.00)94,353.71
N/A Buildings - MSC 321.6172.54.1310 0.00 0.00 3,800,000.00 280,000.00 4,080,000.00
0.00 0.00 0.00 0.00
N/A Issuance Costs 321.9000.58.4000 - 0.00 0.00 132,274.00 0.00 132,274.00
N/A Fiscal Agent's Fees 321.9000.58.3000 - 0.00 1,250.00 0.00 1,250.00
N/A Discounts on bonds Sold 321.9000.61.5000 - 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
3,933,524.00$ -$ 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
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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.
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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.
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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 -
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- 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.
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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
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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
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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.
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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.
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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.
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ADOPTED THIS DAY OF , 2019.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
572-572-1
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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
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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.
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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
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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
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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,
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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
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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.
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_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
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SECOND READING:
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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.
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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
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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
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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,
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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.
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_________________________________
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
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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
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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"
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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
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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
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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
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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.
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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
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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 -