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Council Meeting March 14, 2019 Amnended Packet.pdf
MAYOR 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 March 14, 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 Consideration of the approval of the minutes of the meetings of the Tybee island City Council 1. Minutes, City Council Meeting, February 28, 2019 Consideration of Boards, Commissions and Committee Appointments Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 2. Dr. Kennedy O'Kere, Founder of Horizon International Medical Mission Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. Consideration of Approval of Consent Agenda Public Hearings 3. AGENDA REQUEST PRIVATE PARKING LOTS 4. PRIVATE PARKING LOTS 2019 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 5. VARIANCE -318 POLK STREET RIGHT OF WAY 6. 2019211 PLANNING COMMISSION MINUTES Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Consideration of Bids, Contracts, Agreements and Expenditures 7. Out-of-State Travel, Jason Buelterman and Shawn Gillen, June 18 - 19, 2019, Washington, DC 8. Out-of-State Travel, Joel Fobes, Axon Accelerate 2019 Conference, Phoenix, AZ, April 28 - May 2, 2019. 9. Out-of-State Travel, Jan LeViner, Birmingham, IIMC Conference, May 18 - 22, 2019 10. Out-of-State Travel, Todd Smith, March 21 - 24, 2019, Michigan, Inspect the Emergency Mobile Command Vehicle 11. Out-of-State Travel, Jamey Rabun - May 7 - 9, 2019, Orlando, FL. Florida State Association of RV Parks and Campgrounds 12. Out-of-State Travel, Melissa Freeman, April 17 - 19, 2019, Kissimmee, FL, Public Procurement Training 13. Marine Science Center Change Order 14. The purpose of this agenda item is to seek the City Council’s approval to amendment the General Fund’s fiscal year 2018-2019 operating and capital budget by re-allocating $46,163 from the Public Works Administration’s budget to Storm Water Management’s budget in order to pay the contract with EOM for a storm water management employee through June 30, 2019. 15. Approve proposal and award project to Korkat for shade system at Jaycee Park. $75,663.84. Line Item 322.6210.54.1100 16. Approve proposal and award project to Korkat for playground surface at Jaycee Park. $97,015.00. Line Item 322.6210.54.1100 17. River's End Campground, Quote, Bathhouse, $212,238.76 18. To request that the City Council approve a change order to the contract with Thompson Engineering for $4,050 to perform a structural analysis assessment of the wireless cell phone equipment located on the City’s water tower at 111 Butler Avenue. Line Item: 505.1512.52.1300 19. Approval of AXON In-Car Camera System, TIPD. Four year lease program. Line Item: 322-3210-54-2100, SPLOST 2014, Only first year payment of $21,903.49. P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Consideration of Ordinances, Resolutions 20. Repeal and Readopt, First Reading, 2019-02, Sec 42-66, Fireworks 21. Repeal and Readopt First Reading, 2019-05, Sec 22-110 and 22-112, Noise Council, Officials and City Attorney Considerations and Comments 22. Bubba Hughes - Preliminary consideration of potential conveyance of portion of right-of- way, 1 Moore Avenue Minutes of Boards and Committees 23. Minutes, Ethics Commission, February 18, 21, and 27, 2019 24. Minutes, Finance Committee, March 6, 2019 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.” City Council Minutes, February 28, 2019 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on February 28, 2019. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown, and Jackson Butler. 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 Meeting Minutes, February 14, 2019 Special City Council Meeting Minutes, February 20, 2019 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 Tybee Island Social Club-Alcohol and Entertainment License-Liquor Beer Wine Sunday Sales Wine-Package. Contingent upon approval from all department heads Memorandum of Agreement, Information Hut Partnership Lease - Tybee Island YMCA 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 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 GCIC NCJ User Agreement Resolution - SPLOST Resolution - Charter Changes GCIC Agreement on Background Checks Pruett Anti Litem – To reject Horsepen Creek Road Settlement Builder's Risk Insurance for Marine Science Center. Discussion. Ms. Doyle requested with every meeting pertaining to the Marine Science Center, Mr. Hughes is a part of those meetings. Also, when West Construction sends updates to the Ad hoc Committee, Mr. Hughes be included on the distribution list. Plat Review, 15 Meddin Delegation of Marine Science Center Project change order approval to city manager. Discussion: Ms. Doyle recommended regularly scheduled Ad hoc meetings be scheduled so everyone is up to date on the progress of the construction. Dr. Gillen confirmed. Mayor pro tem Brown request of Dr. Gillen that Mayor and Council be made aware of every change order regarding the Marine Science Center. Dr. Gillen confirmed. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies Call to Order Presentation of Colors and Pledge: American Legion Post Invocation: Ken Douberly, St Michael’s Parrish Recognition and Proclamations Mayor Buelterman recognized the following Employees 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 Maria Procopio - Marine Science Center approached Mayor and Council to recognize her team. She thanked them all for the outstanding job they do and for their help with the recent ground breaking ceremony. Mayor and Council thanked Ms. Procopio. Reports of Boards/Invited Guests Courtney Reich, Goodwyn, Mills, Cawood approached Mayor and Council to present the Carry Capacity Study Implementation Coastal Incentive Grant update. Ms. Reich stated she would like to report on the Water and Sewer Rate Study that was done as part of the Coastal Incentive Grant that is currently in place. She continued, the Study was done to get a better understanding of population dynamics on the Island. Permitting and withdrawal levels were discussed and as a result it is recommended an alternative water supply be considered in the future. Ms. Reich also stated, in the future, the waste water plant will have to be updated to accommodate higher flow levels and treat to a higher quality. She stated the first task that the Carrying Capacity Study recommended was to look at the City’s water and sewer rates to determine if the current financial model was considering some of the major capital projects that planned for the future. Information was gathered from the billing department and constructed a model of the City’s rates. Ms. Reich is recommending, based on the City’s capital needs, the City consider creating a dedicated capital reserve fund so funds will be available in the future that would help reduce the amount of borrowing in the future. They also recommended the City have a goal of saving approximately $6M in the capital fund over the next ten years. In order to do this, the water/sewer rates would have to be increased over the CPI. There was a brief discussion regarding the RO Build-out. Mr. Shaw stated Ms. Reich will attend an upcoming Planning Commission meeting to discuss the zoning and build-out possibilities and look at possible alterations to the current allowable uses or allowable sq. ft. in the R-2. Mayor Buelterman expressed his concerns with the current withdrawal rates and discussed possible alternatives. Mr. Shaw stated the Planning Commission would like direction from Mayor and Council regarding the R-2 zoning issue and possible recommendations on the water rate study. Mr. Branigin expressed his concerns and recommended stockpiling funds for future capital projects. Mayor Buelterman recommended the Infrastructure Committee look at the sewage side of the issue so Mayor and Council can address long-term. Mayor pro tem Brown confirmed. Mayor Buelterman stated at the upcoming Finance Committee meeting there will be a discussion and recommendations will be forwarded to Mayor and Council. Amy Gaster approached Mayor and Council to speak on the proposed ordinance, Disorderly Household. Ms. Gaster expressed her concerns with the proposed ordinance to include penalties of repeat offenders; tracking violations; notification of violations to the landlord or management company; and fine structure. Ms. Gaster thanked the Tybee Island Police Department their work with the STVR’s as well as Mayor and Council. She further asked the City treat all rentals, short or long term, in the same manner. Mayor Buelterman thanked Ms. Gaster. Keith Gay approached Mayor and Council to speak on the proposed ordinance, Disorderly Household. Mr. Gay stated he agreed with the issues Ms. Gaster discussed and it is critical to have a management tool for the City to deal with these issues. Mr. Gay asked Mayor and Council to consider having a level playing field for short and long term rentals. Mayor Buelterman thanked Mr. Gay for his concerns and comments. Harry Morgan approached Mayor and Council to speak on the proposed ordinance, Disorderly Household. Mr. Morgan he is not in agreement with the proposed ordinance in regards to fines. Mayor Buelterman thanked Mr. Morgan for his comments and concerns. Anna Butler approached Mayor and Council to speak on proposed water study. Ms. Butler stated she read the Carrying Capacity Study as well as the Water Rate Study and was concerned there was not a graph showing the peaks and valleys were monthly usage. She would also like to see the ratio of water usage for winter versus summer. Ms. Session asked Dr. Gillen if there is a report showing the comparison. Dr. Gillen stated there is a comparison in the current software and may not be in the format that is needed but sure a report can be done. Mayor Buelterman recommended Ms. Reich come back to speak with Mayor and Council with the comparison of usage on March 28, 2019. Mayor Buelterman thanked Ms. Butler for her comments and concerns. Wanda Doyle made a motion to approve the consent agenda. John Branigin seconded. Vote was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Unopened Right-of-Way Motar Subdivision, Mark Boswell. George Shaw approached Mayor and Council. Mr. Shaw stated Motar Avenue is an unopened right-of-way between Solomon and Alger and abuts the marsh. There are a number of lots in that area and they need proper access to the property. Generally when the subdivision is approved they must bring the road up to standards. He would recommend the City require the same for treatment for Alger or at the very least have some sort of hammer head turnaround on Alger. This is currently accessible but not opened as Alger is grass. Staff recommends Motar to be open with the stipulation it is brought up to City standards and with a hammer head on Alger or have Alger opened. Mayor Buelterman asked Mr. Shaw at whose expense would it be to have the road brought up to city standards. Mr. Shaw responded the developer and maintained by the City. Mayor Buelterman asked Mr. Shaw what items are being approved this evening. Mr. Shaw responded the petitioner is asking for approval of Motar and he would recommend at the very least a proper turn around on Alger be included. In this way service vehicles can make a proper turn around. Mr. Hughes stated he does not believe there is an issue with including the requirement for improvements on Alger. Wanda Doyle made a motion to approve the unopened right-of-way for Motar subdivision and the turn around on Alger. Barry Brown seconded. Vote was unanimous 6-0 to approve. Unopened Right-of-Way, Solomon Avenue and Polk Streets, Boswell/Rossehl. George Shaw approached Mayor and Council. Mr. Shaw stated there has been a platted subdivision there for a number of years and are a number of unopened right-of-way, Estill, Telephone and Storer. The owners of those properties would like Estill, Telephone and Storer opened to provide access to the properties. He would recommend the same conditions as with the previous request. There was a discussion regarding the size of the lots where Mr. Shaw confirmed they are legal platted lots. Ms. Sessions asked if this property is being designated as the storage area for sand. Dr. Gillen confirmed. Mr. Hughes stated this property was never designated as a dump. Mayor Buelterman then asked Mr. Hughes if the City is obligated to open the right-of-way. Mr. Hughes responded the City either has to allow the right-of-way to be opened or offer to let the petitioner to purchase. Mr. Parks confirmed approval does not require the petitioner to build roads only permission. John Branigin made a motion to approve. Wanda Doyle seconded. Voting in favor were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle and Barry Brown. Voting against was Shirley Sessions. Vote to approve, 5-1. Abandoned and unused Right-of-Way, Solomon Avenue, Yellin. George Shaw approached Mayor and Council. Mr. Shaw stated this request came up as a subdivision of a parcel at the corner of Moore Avenue and Solomon. The owners brought in a plat and it met all of the requirements for a subdivision and then was added to the agenda for Planning Commission. Mr. Hughes had not had an opportunity to review the request prior to it being heard by the Planning Commission and he discovered there might be an issue with the portion of the former railroad right-of-way actually being owned by the petitioner who wanted to do the subdivision. The applicant is present and would request the City give the property to them. He further stated if this were to be approved, Solomon would have to be re-routed somewhat significantly. Staff is not in favor of the request although some portion might work. The City could alter the right-of-way to give the petitioner sufficient land to make a subdivision. Mr. Shaw stated this has been in front of Mayor and Council previously as Mr. Hughes discovered a question with the title. Mr. Hughes stated due to the chain of title of the parcel that includes the railroad right-of-way it has unique characteristics which makes it an unusual situation. The petitioner has filed a petition to request they be sold a certain portion of the right-of-way that would enable them to attach to their adjoining lot and subdivide into two lots. He continued, as originally proposed, it was a significant portion of Solomon Avenue. Josh Yellin approached Mayor and Council. Mr. Yellin stated the petitioners have been paying taxes on the entire parcel of property since they purchased the property. He is in possession of a chain of title on the property beginning in 1971. The previous owners indicated there was a fence on the property dating back to 1949. Mr. Yellin stated from 1949 until current, there is a continually proof of ownership at the property. Mr. Yellin did a short presentation of the property history which depicted a small portion of property the petitioner is asking the City of Tybee to convey to them. In this way, the right-of-way of Solomon is not impacted. Mr. Yellin stated they a seeking the Quit Claim as a mechanism by which they can have clear title the property. Mr. Parks asked if a title search was done when the Brown’s purchased the property. Mr. Yellin confirmed. Mayor Buelterman asked Mr. Shaw to expand on the possible solution for this matter. Mr. Shaw responded, the ideal situation for the City if we were to convey a portion of the property would be all the current driving surface and some sort of shoulder for maintenance purposes. The City would need to retain approximately 2700 sq ft for maintenance area. Mr. Hughes there would need to be a survey and deed to convey and compensation to the City for the portion of property the City is selling to the petitioner. Mayor Buelterman recommended Mr. Shaw, Mr. Hughes and Mr. Yellin meet and come back to the City with a reasonable proposal to resolve the issue. Mayor pro tem Brown stated he would like to see a geographic topographical survey done. This expense would be borne by the petitioner. Mr. Yellin confirmed. He also stated there is a contract to purchase the property and would request there be a solution done as quickly as possible. To come back before Mayor and Council. Georgia Power Company Distributed Generation Agreement. Mayor Buelterman stated he will follow-up with Georgia Power and will come back before Mayor and Council at the March 28, 2019 meeting. Consideration of Ordinances, Resolutions First Reading, 2019-03, Graffiti. Mr. Hughes stated this is an ordinance that has been with the Public Safety Committee for recommendations and is now before Mayor and Council for first reading. He stated Georgia does have a state law regarding graffiti and a definition of what is graffiti incorporates the Georgia State Law. Mr. Hughes stated the City has a right to require the removal of graffiti and the owner is directed to remove graffiti within 72 hours of notification. Ms. Doyle confirmed the enforcement would change from Code Enforcement to the Municipal Courts. Ms. Doyle made reference to a building on the Island that does have graffiti and the owner will not take action to remove. With this ordinance, the Tybee Island Police Department does have the authority to require the person to remove or give the City permission to remove it at the owner’s expense. Mr. Hughes confirmed. Mr. Branigin stated he is in favor of the proposed ordinance but needs a definition to specify what constitutes graffiti and the removal of graffiti. Ms. Session recommended Mayor and Council move forward and send comments to Mr. Hughes for incorporation in the proposed ordinance. Mayor Buelterman confirmed. To come back before Mayor and Council. First Reading, 2019-04, Sec 22-36, Disorderly Household. Ms. Doyle stated the Public Safety Committee has discussed the proposed ordinance numerous times. It was understanding that changes would be made, red-line, which is not in the packet. Ms. Doyle recommended she and the City Manager meet with Ms. Gastor to discuss their (STVR) concerns to ensure their concerns are addressed. She also recommended this come back before Mayor and Council after concerns have been addressed and heard by the Public Safety Committee. Ms. Doyle recommended no action until a meeting is held to get a better understanding of their concerns. Mr. Branigin expressed his concerns as to who is liable, the owner or the tenant. He stated if the portion of the proposed ordinance that pertains to short term vacation rentals and re-read the ordinance, you will not find anywhere else in the proposed ordinance that singles out short term vacation rentals. Mayor Buelterman confirmed Mayor and Council to send comments and recommendations to Mr. Hughes for inclusion in the proposed ordinance. Dr. Gillen stated he will work with Ms. Doyle and Ms. Gastor to set a meeting and take recommendations to the next Public Safety Committee meeting to be included in a future City Council meeting agenda. First Reading, 2019-06, Sec 6-5 and 6-6, Fingerprints. Mr. Hughes stated it currently exists requiring an applicant for an alcohol license to provide fingerprints through the police department. Subsection (a) would change it to make it as provided by law procedures directed by the City Manager. Fingerprints are now available through other locations and they are trying to separate law enforcement purposes and fingerprinting for civil applications such as alcohol licenses or employment. Hence change in subsection (a). This ordinance goes on to the next ordinance, 2019-07, as to fingerprinting applicants and what happens if it shows something. Mayor Buelterman confirmed with Mr. Hughes if there was negative items on the report, the applicant would not receive their alcohol license. Mr. Hughes confirmed. If there is not an objective statement in the ordinance it is not valid. In this way, staff would deny a license if someone has been convicted in the past ten years of an offense involving a felony. Mayor Buelterman asked Mr. Hughes if he is recommending Mayor and Council adopt on first reading Ordinances 2019-06 and 2019-07. Mr. Hughes confirmed. Wanda Doyle made a motion to approve both proposed ordinances, 2019-06 and 07. Monty Parks seconded. Vote was unanimous to approve. Council, Officials and City Attorney Considerations and Comments Bubba Hughes stated this is the Introduction 2019-02, Sec 42-66, Fireworks and 2019-05, Sec 22-110 and 22-112, Noise. Mr. Hughes stated this ordinance was revised a year ago and the fireworks ordinance is tied to the noise ordinance. The noise ordinance is also on the agenda as being introduced as State Law requires if the City is to adopt or have a Noise Ordinance applicable to consumer fireworks which are now illegal for sale, the City must publish a Notice 15 days prior to the adoption date of the Noise Ordinance. The re-adopting of the Noise Ordinance and the publication of the Notice which was done this date. The Noise Ordinance will be heard by Mayor and Council on March 14, 2019 with the adoption thereof. The only changes in the Noise Ordinance is the repeal and re-adopted, same Noise Ordinance as previously adopted. As this is being introduce, a motion is not needed. Jason Buelterman requested a motion to open access to northern most crossover at North Beach. Mayor Buelterman showed a picture of the construction trailer on the North Beach Parking Lot. He would like the area opened so beach goers can have access to the beach. Ms. Doyle expressed her concerns with public safety due to the proximity of the construction trailer. After a brief discussion, Barry Brown made a motion to provide access between the chain and wooden fence adjacent to the construction trailer on the North Beach Parking Lot. Shirley Sessions seconded. Voting in favor were Julie Livingston, John Branigin, Barry Brown and Shirley Sessions. Voting against were Monty Parks and Wanda Doyle. Discussion: Mayor Buelterman stated if there is a cost to moving the fencing he would provide funding through his travel budget. Vote was 4-2 to approve. Mayor Buelterman recused himself from the discussion. Mayor pro tem Brown express his concerns with moving forward with the Beach Ambassadors Program. Mr. Parks gave a brief history of the Beach Ambassador Program and indicated he is supporting the program for one more year. He stated that personally he would like to continue to July 1, 2019 as the program is funded in the current budget cycle. Mayor pro tem Brown stated he is not supporting as Staff is not providing services to the residents. He recommended the cost of the Program could go to the Police Department to purchase a new vehicle. Ms. Session stated as the Beach Ambassador Program is funded by the City would there be a presentation as to their success in the past. Dr. Gillen responded it is next on the agenda. Ms. Session asked if there is a job description for the Program. Dr. Gillen responded in the affirmative. He stated they are to greet beach goers; explain the rules if asked; give directions to different areas on the Island; and in general be a good will ambassador for the City. Hours are 10:00AM – 2:00PM, Wednesday – Sunday. Mr. Parks stated the focus of the Beach Ambassadors Program was to help keep the beach clear in which they handed out buckets and grabbers. Mayor Buelterman returned to the meeting. Monty Parks stated about a year ago he took on the project of recycling and would like to present a Recycling Update. Mr. Parks stated the system in broken and especially broken on Tybee Island. He would like to (1) begin recovering materials from the beach for recycling and (2) the current recycling program on Tybee does not work as the recycling bins are emptied in with the land fill materials. Tipping costs are being incurred for recyclables where the City could be recouping dollars. Mr. Parks pointed out different areas where recycling could take place on the Island such as cardboard and plastics. He recommended getting the recycling bins out of the front yard of the residents and stop charging them for recycling. He made reference to different cities where recycling programs work. Mr. Parks then recommended the City dedicate a small recycling center where the City can control the process of recycling. He also would ask Mr. Hughes to speak with the owner of a specific piece of property so the City can move forward. He would also like to task the Beach Ambassadors to supervise recycling areas on the beach. Mr. Parks would also recommend the City purchase a baler for recycling purposes and explained how it could be used. Mayor Buelterman made reference to the recycling program at Sun City. He then asked Council if they objection to Mr. Hughes moving forward with speaking to the owner of the property. There was no objection. Mayor Buelterman thanked Mr. Parks for his presentation and hard work. Alan Robertson approached Mayor and Council to give an Update on USACE Beach Re- nourishment. Mr. Robertson stated the Dune Project is going very well and they are ahead of schedule, 75% completed; 17th Street crossover is done; and Tybrisa crossover started today. The next step is to landscape the dune to get a cover on them for the season. He made reference to conversations with the Corps regarding beach re-nourishment as they are finalizing their beach re-nourishment plans. They are proposed to place 650,000 cu yds of sand on the beach which would be south of the south groin and north to East Gate which would be a full 40’ berm Corps beach re-nourishment. As the City is working with the Corps, the SPA Permit request has been pulled and refashioning to be more comprehensive and coming behind the Corps dune. Mr. Robertson then explained the use of traffic barriers during the storm season to assist with a storm surge. Mr. Branigin suggested the public be made aware of the scarfing on the beach and the condition of the beach due to recent tides. The City needs to set expectations Mayor Buelterman recommend mobi-mats be placed at 17th and in the middle of the Island such as 7th and 8th. Mayor Buelterman thanked Mr. Robertson for all his hard work regarding the Dune Restoration Project. Mayor Buelterman recused himself for the Beach Ambassador Update. Shawn Gillen approached Mayor and Council to give an Update on 2018 Beach Ambassador Season and Changes and Improvements to the program for 2019 (attached). Dr. Gillen gave a brief history of the Beach Ambassador Program and going into year three, determining what worked and how to move forward. He stated this year they want to refine, refocus, and narrow the goals of the Program. It is the goal to welcome and promote recycling and in this way the success can be measured. Dr. Gillen stated they are starting the (1) hiring process earlier this year, February which has already started (2) focus on education and keeping the beach clean, (3) general first aid training (4) push information on the parking app (5) offer partnership with local restaurants and (6) coupons to local business if participating in recycling. Mr. Parks thanked Dr. Gillen for his presentation. Mayor Buelterman returned to the meeting. Dr. Gillen gave a short Update on JC Park stating the project is ahead of schedule. He said the basketball court and pickle ball courts have been painted. Bids are out for the playground surface and shading and he will have on the upcoming agenda. Dr. Gillen gave a brief update on the Virtual Parking Permit Program. He stated he would like Mayor and Councils approval to move forward with the program. The virtual permit could be purchased where multiple vehicles could be inputted, one car at a time, for parking. The app would cost $200 with a $12 application fee. This would work well for local businesses where employees could share. Mr. Parks asked Dr. Gillen is he has tried the virtual app. He stated no. Mr. Parks asked that he try it or at least offer to a local business for workability. Dr. Gillen confirmed. There was a brief discussion regarding the number of parking spaces on the Island as well as parking in the r-o-w. Mayor Buelterman thanked Dr. Gillen. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6- 0. Meeting adjourned at 10:50PM. ______________________________ Janet R. LeViner, CMC Clerk Tybee Beach Ambassador Program Overview Overall Response was positive Collecting measurable data is challenging Small employee pool made staffing difficult Refine, Refocus and Narrow the goals of the program Create objective and measurable criteria for success of the program Cost Five total ambassadors 10am to 2pm Wednesday through Sunday Total salary cost for 2018 $25,173 Total materials for 2018 $10,861 Tents Shirts Buckets and Grabbers What Worked Bucket and grabber check out worked well. T-Shirt giveaways for picking up litter was well received. Giving Directions One the top questions guests asked were for direction to the Tybee Light House, restaurants, and even the pier Having maps of Tybee on hand was very popular with the guests. What Worked Promoting the Tybee Parking App Education about Beach Rules Combined with new signage beach beachgoers were at a minimum made aware of the rules. Partnering with WHSRN to educate folks about the No Pets on the Beach Rule and the importance of staying out of the dunes Challenges Pool of candidates for the job was small. Heat and humidity takes a toll on employees Gathering information from guests was not well received. We sampled several days during the season to ask guests where they were from. Response was negative to giving this information. Storage space Set up and take down time Coordination with ocean rescue Top Five Complaints from Guests More restrooms/better signs for locations/cleaner Showers/changing rooms Radios and music volume Nonsmoking Beach Lifeguard professionalism Changes for 2019 Begin hiring process earlier (February) Refocus program on keeping the beach clean. Concentrate effort at the Tybrisa crossover. Set up tents on both the beach side and street side. Beach side tent will be near beach recycling containers. Ambassadors will help guests place their waste in the proper containers Street side ambassadors will focus on education of keeping the beach clean. They will still answer general questions u�F i r s t A i d T r a i n i n g f o r a l l a m b a s s a d o r s . u�B a s i c f i r s t a i d k i t s a t t e n t s u�J e l l y F i s h S t i n g s p r a y a t e a c h t e n t . Improvements Coordination with Ocean Rescue especially in the rental and retrieval of mobi-chairs Increase efforts on beach litter collection and the t-shirt give away Gather information from guests via the bucket and grabber check - out Push out information on parking app. Coupon giveaway. Increase partnership with local businesses with possible coupon giveaways for recycling materials correctly. Focus on Recycling on Beach Recycling focus opens up avenues for grants for ambassador program Currently no recycling occurs on the beach. All materials in blue bins are contaminated and are taken to the land fill. u�. T h e r e i s v a l u e i n t h e p l a s t i c a n d m e t a l t h a t i s n o t b e i n g r e c y c l e d Beach Ambassadors will be part of a pilot test of separating the plastic and cans. 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 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org City Council Agenda Item Request Agenda Item Request must be submitted to the Clerk of Council by 4:00pm on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: March 14, 2019 Item: Parking lots Explanation: SUNRISE PARKING 1511 BUTLER AVENUE HOTEL TYBEE PARKING 1401 STRAND AVENUE RENEE G. BRIDGES 1001 BUTLER ANENUE BRAMBLE FAMILY 215 LOVELL AVENUE JOYCE PRESCOTT 214 SECOND AVENUE JACK ROSENBERG 203 FOURTEENTH STREET Paper Work: X Attached* X 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: 912‐472‐5033 / lschaaf@cityoftybee.org Date given to Clerk of Council: 3/7/2019 Private Parking Lots PRIVATE PARKING LOTS NAME ADDRESS LICENSE YEARS SURVEY/SITE PLAN CITATIONS INS # SPACES ZONE BRAMBLE FAMILY PARKING 215 LOVELL AV 1785 2009-2019 YES 0 YES 13 R-2 RENEE G. BRIDGES PARKING 1001 BUTLER AV 1331 2006-2019 YES 0 YES 30 R-2 JOYCE PRESCOTT PARKING 214 2ND AV 2192 2011-2019 YES 0 YES 12 R-2 JACK ROSENBERG PARKING 203 14TH ST 2024 2010-2019 YES 0 YES 12 R-2 OCEAN PLAZA BEACH RESORT (PARKING) 1401 STRAND 1360 2006-2019 YES 0 YES 128 C-1 SUNRISE PARKING 1511 BUTLER AV 1287 2006-2019 YES 0 YES 39 C-1 Bramble Family Parking Renee G. Bridges Survey and Site Plan Joyce Prescott Parking Joyce Prescott parking Jack Rosenberg Parking Hotel Tybee Parking Sunrise Parking Sunrise Parking 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: 03/14/2019 Item: Variance Explanation: requesting to impact marshland to maintain right of way–Polk Street right of way & 318 Polk Street–City of Tybee & Michael Leonard –Zone C2-EC-4-0025-01-005Y & 005Z. 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: 03/07/2019 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES February 11, 2019 Ron Bossick called the February 11, 2019, Tybee Island Planning Commission meeting to order. Commissioners present were Alan Robertson, David McNaughton, Tina Gann, Ron Bossick, Marianne Bramble, and Charles Matlock. Demery Bishop was not present. Planning Commission Oath administered by Mayor Jason Buelterman (2-year terms end January 31, 2021): Ron Bossick stated the first order of business would be the installation of our newly appointed members, which are Alan Robertson, David McNaughton and Charles Matlock. He asked Mayor Buelterman to come up and administer the oath to the new members. Mayor Jason Buelterman approached the Planning Commission and asked the newly appointed members to stand and raise their right hand and repeat after him the oath. Mayor Jason Buelterman then thanked the new members and stated how important their work is to this community. Elections: Ron Bossick asked if there were any nominations for Chair and Vice Chair of the Planning Commission. Alan Robertson made a motion to nominate Demery Bishop for Chair and Ron Bossick for Vice Chair. Marianne Bramble seconded. The vote to approve was unanimous. Consideration of Minutes: Vice Chair Ron Bossick asked for consideration of the January 14, 2019 meeting minutes. Alan Robertson made a motion to approve. Marianne Bramble seconded. The vote to approve was unanimous. Disclosures/Recusals: Vice Chair Ron Bossick asked if there were any disclosures or recusals. There were none. Old Business: Vice Chair Ron Bossick asked if there was any old business. Alan Robertson asked what the status of the Casino Boat is. Mr. Shaw stated the owner said he did not intend to reapply with Tybee. Alan Robertson also stated the experience with the boat suggest the need for some sort of limitation of what could be placed at that dock in the future. In addition, the area needs to look at some of the issues that came up and address then. He also stated that any other business even if it is small could create problems. Mr. Shaw stated to the best of his knowledge none of the water-based businesses have ever been asked to do a site plan. The land-based businesses have. In addition, yes this did bring up that we have a lot of overlap in that area. Mr. Shaw stated yes we could certainly look into those issues. New Business: Variance: requesting to impact marshland to maintain right of way–Polk Street right of way & 318 Polk Street–City of Tybee & Michael Leonard –Zone C2-EC-4-0025-01-005Y & 005Z. Mr. Shaw approached the Planning Commission and stated that this property has been on the agenda a few times. The City is seeking to maintain the City’s right-of-way in conjunction of working with Mr. Leonard so he can maintain his driveway. He stated we need to give ourselves the variance and then apply with the State. The reason we are reapplying for the variance again is that we have not received the permit before the variance expires. Mr. Alton Brown with Resource and Land consultants working as the agent on behalf of the City of Tybee Island approached the Planning Commission and stated the Corp of Engineers permit has been obtained for the road improvements and maintenance. We have also applied to the DNR for a coastal marshlands permit. He also stated because of the two recent hurricanes and a variety of other things the project review by Coastal Resources Division has been delayed. Now we are back on track with the review and need to renew the variance. The DNR line has been surveyed again and will be updated. The scope of the project will stay the same. Alan Robertson asked how long will this construction take. Mr. Brown stated that the Corp of Engineers permit is valid until 2022 and the Coastal marshlands permit will be valid for five years from the day that it is issued. Alan Robertson made a motion to approve. Marianne Bramble seconded. The vote to approve was unanimous. Discussion and Presentation: Carrying Capacity Study Implementation Coastal Incentive Grant – Goodwyn Mills Cawood Ecological Planning Group – Courtney Reich Mr. Shaw approached the planning commission and stated Ms. Reich did not show tonight so he would try to share what he knows about the grant. He stated the coastal incentive grant had three goals or outputs. One a water and sewer rate setting which has been done and will be looked at. Two would be potential code changes to reduce density due to water and sewer issues and another to reduce impacts in areas that flood. The one point Courtney wants to point out is whether we want to make some changes to the code to reduce the potential density with an example being how a variety of lots that could become two lots. Also changing the 65 percent buffer greenspace. With the amount of rentals on the Island, there is a big demand to fill every buildable space on lots. In addition, the pool market has expanded from the rental market and those take up the greenspace. Mr. Shaw stated those are some of the issues I know Ms. Reich wanted to bring up. Vice Chair Ron Bossick stated he would like to ask Courtney Reich to come back to Planning Commission at the next meeting so they can ask the questions they have. Alan Robertson stated that our March meeting would be a good time for Courtney Reich to come since she will have went to City Council February 28, 2019, that will give us input from City Council. Adjournment: Tina Gann made a motion to adjourn. Marianne Bramble seconded. Meeting adjourned at 7:30pm. Lisa L. Schaaf 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: March 14, 2019 Item: The Finance Department is seeking the City Council’s approval to allow the Purchasing\Accounting Assistant to travel out of state to Kissimmee, FL to attend a Public Procurement training offered by the National Institute for Public Procurement from April 17, 2019 to April 19, 2019. Description: The Finance Department is seeking approval from the City Council allow the Purchasing/Accounting Clerk to travel out of state to Kissimmee, FL to attend a public procurement training offered by the National Institute of Procurement from April 17, 2019 to April 19, 2019, costing approximately, $2,063. The Employee Travel Authorization Form for the Purchasing\Accounting Clerk is included as an Attachment with this agenda item, along with the other details regarding the training. Budget Line Item Number (if applicable): Expenses M. Freeman Accounting Division G/L Account Description Hotel 4/16/19 to 4/19/19 550.00$ 100.1512.52.3700 Travel & Related Per Diem 218.00$ 100.1512.52.3700 Travel & Related Conference 915.00$ 100.1512.52.3500 Education & Training Mileage 380.00$ 100.1512.52.3700 Travel & Related Total 2,063.00$ Paper Work: ____X_ Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org Comments: ________________________________________________________________________________ March 7, 2019 Date given to Clerk of Council BUSINESS PURPOSE (Check one):Conference Legal-Law Enforcement Meeting Repair-Maintenance Training Economic Development Legislator General Expense/other Shopping Employee-exchange program Committee related Est. Cost Est. Cost Employee Reimb. Employee Reimb. Dept. Prepaid Dept. Prepaid Third-party Third-party Employee Reimb. Employee Reimb. Dept. Prepaid Dept. Prepaid Third-party Third-party Employee Reimb. Employee Reimb. Dept. Prepaid Dept. Prepaid Third-party Third-party Employee Reimb. Employee Reimb. Dept. Prepaid Dept. Prepaid Third-party Third-party 2063.00 DATE ********************************************************************************************************************************** DATE EMPLOYEE TRAVEL AUTHORIZATION FORM FORM 2016-ETAF CITY MANAGER AUHORIZATION for OUT-OF TOWN OR COUNTRY TRAVEL TOTAL ESTIMATED COSTSImportant: When applicable, complete "Authorization of Employee Expenses to be Paid by a Third-Party Organization EMPLOYEE CERTIFICATION By signing below, I certify the requested travel is appropriate and necessary for conducting official City business, and agree to comply with the City of Tybee Island's Travel Policy. SIGNATURE 20 Lodging 550 Meals 198 SIGNATURE APPROVED DISAPPROVED 915 DISAPPROVED Rental Vehicle DEPARTMENT HEAD (or Designee) AUTHORIZATION Other Transportation - APPROVED Other Expense DATE EXPENSES Payment Method Airfare PRINTED NAME & TITLE SIGNATURE Registration Fee EMPLOYEE NAME: EXPLAINATION OF TRAVEL (attach additional information as necessary) Three day public procurement training through the National Institiute of Public Procurement from April 17 - 19, 2019 in Kissimmee, FL EMPLOYEE ID DEPARTURE DATE RETURN DATE Melissa Freeman Finance Kissimmee, FL USA Purchasing\Accounting Clerk n/a 04/16/2019 04/19/2019 DESTINATION (City, State/Country) POSITION TITLE DEPARTMENT Mileage (personal vehicle) - 380.00 EXPENSES Payment Method 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: March 14, 2019 Item: The purpose of this agenda item is to seek the City Council’s approval to amendment the General Fund’s fiscal year 2018-2019 operating and capital budget by re-allocating $46,163 from the Public Works Administration’s budget to Storm Water Management’s budget in order to pay the contract with EOM for a storm water management employee through June 30, 2019. Explanation: The purpose of this agenda item is to seek the City Council’s approval to amend the General Fund’s fiscal year 2018-2019 operating and capital budget by transferring $46,163 from Public Works Administration, personnel and benefits line items, to Storm Water Management Contract Labor – EOM line item. The original contract with EOM for a storm water management contract labor employee ended December 31, 2018 with an automatic renewal. EOM requires a 60 day written notification to end the contract; therefore, until EOM receives a notification to end the contract the City is required to pay the $6,595 monthly fee. This will increase EOM’s contract from $46,163 to $85,731 for June 30, 2018 to June 30, 2019. Budget Line Item Number (if applicable): EXPENDITURES The changes in the Expenditure Budget’s line items are explained below: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance Increase Decrease Budget Balance Stormwater Contract Labor -EOM 100.4250.52.3855 39,568.00 (35,721.26)3,846.74 46,163.00 50,009.74 N/A 0.00 0.00 0.00 0.00 N/A 0.00 0.00 0.00 0.00 0.00 N/A 0.00 0.00 0.00 0.00 0.00 N/A - 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM EXPENDITURE INCREASES:46,163.00$ -$ 50,009.74$ Net Change 46,163.00$ CURRENT BUDGET FOR STORMWATER MANAGEMENT:353,626.00$ AMENDED BUDGET BALANCE 3-14-2019:399,789.00$ Public Works- Administrati on Salaries 100.4210.51.1100 672,711.00 (419,291.52)253,419.48 (32,163.00)0.00 221,256.48 Public Works- Administrati on Health Insurance 100.4210.51.1400 184,652.00 (106,601.11)78,050.89 (14,000.00)0.00 64,050.89 N/A 0.00 0.00 0.00 0.00 (46,163.00)$ -$ 285,307.37$ Net Change (46,163.00)$ CURRENT BUDGET FOR PUBLIC WORKS ADMINISTRATION:1,982,505.00$ AMENDED BUDGET BALANCE 3-14-2019:1,936,342.00$ Requested Budget Adjustment EXPENDITURE LINE ITEM INCREASES EXPENDITURE LINE ITEM DECREASES SUBTOTAL LINE ITEM EXPENDITURE DECREASES: Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org March 5, 2019 Date given to Clerk of Council Page 1 of 5 Mailing Address: CXT Incorporated, an LBFoster Co. 3808 North Sullivan Road Bldg. #7 Spokane Valley, WA 99216 (800) 696-5766Phone: Fax:(509) 928-8220 Date: 02/13/2019 Quote #: To: PO Box 988 Tybee Island, GA 31328 USA JCHA504EKZ-1 City of Tybee Island Re: (912) 472-5041Phone: Attention: Fax: Ricky Stewart (912) 786-4126 Our quotation for the Santiago - JC10 building is as follows:Per Building Santiago family assist flush/shower building with simulated ribbed metal roof and horizontal lap wall texture, two tone color, seven 16-gauge galvanized steel doors and frames, vitreous china plumbing fixtures (6-lavatories, 6-water closets, 6-s/s ADA showers), six stainless steel soap dispensers, six Saniflow hand dryers, six 3-roll toilet paper holders, four RVF6XL exhaust fans, GFI outlets, floor drains, six s/s mirrors, six ss shelfs, stainless steel windows and weld plates, three 80 gallon electric hot water heaters, ADA grab bars, ADA signs, ADA shower benches, one hose bib in chase area, one exterior hose bib with weather proof cover, motion controlled interior lights and photo cell controlled exterior lights. Includes PE stamped drawings.Proposal drawing #08-046P $212,238.76 $212,238.76 Page 2 of 5 Mailing Address: CXT Incorporated, an LBFoster Co. 3808 North Sullivan Road Bldg. #7 Spokane Valley, WA 99216 (800) 696-5766Phone: Fax:(509) 928-8220 Date: 02/13/2019 Quote #: To: PO Box 988 Tybee Island, GA 31328 USA JCHA504EKZ-1 City of Tybee Island Re: (912) 472-5041Phone: Attention: Fax: Ricky Stewart (912) 786-4126 Freight FOB: Destination. Price includes delivery, off-loading and setting the building on a customer prepared pad and utility stub in the Tybee Island , GA area. Final connection of utilities included. FOB: Net 30 with Credit Approval. Terms: Within 90 days ARO after receipt of an approved MI (Manufacturing Insurrections) and State approvals.Shipment: Sales tax not included Number of Units: ___ Options: Insulated building with HVAC $40,000. Air curtains (all rooms) $6000. Turnkey site Prep: $34,375 Turnkey Site Prep Scope: ·Construct 6” gravel based pad to CXT spec for CXT 3 section Navajo building. ·Includes plumbing and electrical utilities in gravel pad to CXT spec . ·Elevation benchmark must be marked on site prior to construction. ·Gravel based pad constructed on current natural grade. ·Does not include any subgrade preparation. ·Includes utilities run out to 5' from pad. ·Utilities schedule 40 PVC for sewer and CPVC or copper for water to CXT spec . ·Includes 5' concrete sidewalks around perimiter of building with 6x6 welded wire reinforcing. ·Full install must be ordered. ·Does not include connecting main utilities to pad utilities. ·Includes 1 mobilization and demobilization. ·Change orders must be approved with 24 hours if necessary. ·Owner must have site ready prior to construction. ·CXT not responsible for incidental damage to surrounding landscape . Notes: ·Price does not include the following customer responsibilities; ·Owner responsible for survey. ·Owner responsible for geotechnical services. ·Owner responsible for all locates for building. ·Owner responsible for any and all permits. ·Does not include any retaining walls. ·Does not include any provisions for archeological occurrence. ·Main utilities to building must be marked and clearly identified. ·Main utilities must meet CXT specifications for CXT Flush building . ·Change orders must be approved within 24 business hours. Notes: Page 3 of 5 Mailing Address: CXT Incorporated, an LBFoster Co. 3808 North Sullivan Road Bldg. #7 Spokane Valley, WA 99216 (800) 696-5766Phone: Fax:(509) 928-8220 Date: 02/13/2019 Quote #: To: PO Box 988 Tybee Island, GA 31328 USA JCHA504EKZ-1 City of Tybee Island Re: (912) 472-5041Phone: Attention: Fax: Ricky Stewart (912) 786-4126 This quotation is subject to the conditions on the attached sheet and the terms hereof shall constitute the exclusive agreement of the parties and all conflicting or additional terms in Buyer’s purchase order or any other such documents of Buyer shall have no force or effect. Accepted this _________________ day of ___________________ 20______ By:___________________________________________ (Customer Name) _____________________________________________ (Signed) L.B. FOSTER COMPANY By _______________________________________ Jeff Chambers JChambers@lbfoster.com Page 4 of 5JCHA504EKZ-1Quote #: CONDITIONS OF SALE 1.Taxes: Prices exclude all Federal/State/Local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption . 2.Payment Terms Payment to CXT by the purchaser shall be made net 30 days after the submission of the invoice to the purchaser. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning the 35th day (includes 5 day grace period) from the date of the invoice. Under no circumstances can a retention be taken and purchaser shall pay the full invoiced amount without offset or reduction . These terms are available upon approval of credit. If CXT initiates legal proceeding to collect any unpaid amount or other dispute arising out of or relating to this Quote , purchaser shall be liable for all of CXT's costs, expenses and attorneys fees associated with such litigation, including the fees and costs of any appeal. 3.Quotation Term: This offer is subject to acceptance within 60 days from the date of this quotation. After that time, prices are subject to change without notice. 4.Drawings Prices do not include any documentation other than standard drawings, packing lists, and invoices, unless otherwise stated in quote. Special documentation, reports, or submittals can be supplied at an additional cost. If additional engineering, engineering seals, state approvals, drawings, or insignias are required additional charges may incur. 5.Delivery Delivery will be scheduled immediately upon receipt of written customer approval of all building submittals, building worksheet(s) and signed contract/purchase order. In the event delivery of the buildings ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment, the terms of which will be as per item 2 in our quotation. Delivery and installation charges will be invoiced at the time of delivery and installation. Should the delivery and installation costs increase due to changes in the delivery period, this increase in cost will be added to the price originally quoted, and will be subject to the contract payment terms. In the event that the delivery is delayed more than 45 days after the agreed to schedule and through no fault of CXT, then in addition to the remedies above, a storage fee of 1 1/2% of contract price per month or part of any month will be charged. 6.Fuel Costs Fuel costs for crane and freight have been quoted at fuel prices furnished at the time of quotation. If at the time of delivery and installation these costs have risen, CXT reserves the right to adjust the freight and crane costs to reflect the fuel costs furnished at the time of delivery. 7.Responsibilities of the Customer A.Stake exact location building is to be set, including orientation. B.Provide clear and level site, free of overhead and/or underground obstructions. C.Provide site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. D.Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles from State highway and/or main county road to site. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perform delivery and installation. E.Customer is responsible for all permits required. F.Completing and complying with Pre-Order Information Worksheet that is incorporated herein by this reference . 8.Access to Site For Installation methods described below in paragraph 9 A & B, delivery will be made in normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck equipment for any reason, CXT shall be entitled to payment for extra costs to ensure a safe and quality installation to the chosen site or will agree to an alternative site with better access. To safely offload the facility referred to within this quotation , CXT must have clear and unobstructed access next to the gravel pad or hole where the facility will be placed . CXT is not responsible for cracked or damaged roads , driveways, sidewalks or aprons that are in the path of the delivery trucks or cranes at the final offloading site . Should CXT be required to obtain a larger crane than quoted due to site amenities or hardscapes , CXT will charge the customer the difference between the crane originally quoted, and the one that was hired to successfully offload the facility safely and efficiently . 9.Installation A.Full Install. If the customer opts to have full installation of their new building, CXT will provide a backhoe trailered into the site , and prepare the customer site at the marked hole/pad area. The crane will arrive and set up next to the hole/pad. Any requirements to lift the building over obstacles or not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the vaults and the building systematically pull up right next to the crane and are offloaded onto the site . Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane could incur additional charges. Installation crew then performs all necessary excavation, backfill, compaction, site grading, and connection of utilities (if applicable). Please note: additional time and any special equipment needed by the installation crew for unscheduled site work will be billed to the customer. B.Set-Only Install. If the customer opts to prepare the hole, and do earthwork preparation for the site, the customer will move all excess dirt to allow access by the crane and semi-truck. The crane will arrive and set up next to the hole/pad. Any requirements to lift the building over obstacles or not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the vaults and the building systematically pull up right next to the crane and are offloaded onto the site . Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane could incur additional charges. Customer performs ail necessary excavation, backfill, compaction, site grading, connection of utilities (if applicable). If the pad for a flush building, or a customer prepared excavation/hole prep is not to CXT specifications , and results in extra costs the customer will be responsible for these extra costs. C. Ship-Only. If customer opts to self-install their building CXT can provide a drawing of the recommended lifting /rigging arrangement plus the four special lifting plates for the buildings itself with a refundable deposit of $1,000.00 payable by credit card only. The customer must return lifting plates and hardware to CXT (at customers cost) within 2 weeks (14) days or a $1,000.00 fee will be charged to the customer credit card. Please note: It is highly recommended that you use our lifting/rigging arrangements. The CXT arrangements will help prevent damage to the building . CXT will not take responsibility for any damage /accidents to the building or workers during the use or non-use of our recommended lifting/rigging arrangements. D.CXT shall be entitled to reimbursement from customer for any expenses that are the result of conditions encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated by the customer or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities at the customer 's location. E. Should customer request additions or changes to the work, CXT shall be entitled to payment for additional or changed work . Any request for additions or changed work shall be in writing executed by Customer Field Representative by signing the additional work required section of the Building Acceptance Form , incorporated herein by this reference. 10. Transportation Your building(s) will be transported from our plant to your installation site via semi-truck with trailer. The length and clearance vary with the style of trailer used to accommodate your building model(s) and must be taken into consideration when determining access to site. If you ordered a(n).... Cascadian/Rocky Mountain - Requires 1 truck: When shipped in 2-pieces (standard) the building with vault is shipped on a flatbed trailer. The length of the Page 5 of 5JCHA504EKZ-1Quote #: tractor-trailer can be up to 75' long. Must have a 14' height clearance to access site. Gunnison - Requires 1 truck: Shipped with its vault, this building is typically shipped on a step-deck trailer. The length of the tractor-trailer can be up to 75' long. Must have 14' height clearance to access site. Tioga Special • Requires 2 trucks: 1 to transport the building and 1 to transport vaults. The building is typically shipped on a step-deck trailer and 2 vaults are typically transported on a flatbed trailer. The length of the tractor-trailer can be up to 75' long. Must have 14' height and 14' width clearance to access site. Dbl Cascadian/Dbl Rocky Mountain • Requires 2 trucks: 1 to transport the building and 1 to transport the vaults. The building is typically shipped on a dbl-drop or low boy trailer (approximate ground clearance of 4 to 6") and the 2 vaults are typically transported on a flatbed trailer. The length of the tractor-trailer can range from 75' to 80'. Must have 14' height and 14' width clearance to access site. Cortez/Ozark l/Teton/Pioneer - Requires 1 truck: Generally shipped on a step-deck trailer. The length of the tractor-trailer can be up to 75' long. Must have a 14' height and 14' width clearance to access site. Large Flush, Sectional, or Custom Bldgs - (Arapahoe/Ozarkll/Cheyenne/Montrose/Taos/Rainier/PomonayNavajo/Malibu/Kodiak/FontanayDiablo/Denali) Requires 2-4 trucks, depending on size of building. Each section will be shipped on an RGN trailer (approximate ground clearance of 4 to 6"). The length of the tractor-trailer can range from 80' to 115'. Must have 14' height and 14' width clearance to access site. The Denali model could ship on either an RGN trailer or a dbl-drop. Schweltzer/Mendocino - Requires 1-2 trucks, depending on size of building. Generally shipped on a step-deck trailer. The length of the tractor-trailer can be up to 75' long. Must have 14' height and 14' width clearance to access site. 11 CXT Warranty CXT warrants that all structures sold pursuant hereto will , when delivered, conform to specifications of the building listed on the quote. Structures shall be deemed accepted and meeting specifications unless notice identifying the nature of any non-conformity is provided to CXT in writing within one (1) year of delivery. It is specifically understood that CXT's obligation hereunder is for credit or repair only. CXT will repair structural defects against materials and workmanship for one (1) year from date of delivery provided CXT is first given the opportunity to inspect said structure . CXT warranties all components sold within all structures pursuant here to when delivered within structures. Components deemed accepted and meeting specifications shall be warranted for a period of one (1) year against defects in the materials and/or workmanship from said date of delivery. CXT is not responsible for components that are damaged due to misuse , acts of violence, negligence, acts of God, or accidents. Shipping, handling, installation or other incidental or consequential costs, unless otherwise agreed to in writing by CXT, are not included. This warranty shall not apply to: Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT, to adversely effect the stability or reliability thereof; To any goods which have been subject to misuse , negligence, acts of God, or accidents; To any goods which have not been installed to manufacturer 's specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed. 12.Disclaimer of Other Warranties THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED. CXT MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 13.Limitation of Remedies In the event of any breach of any obligations hereunder; breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered. 14.Acceptance The foregoing terms will be deemed accepted in full by signature and return of one copy to CXT, subject to customer credit approval. A copy of any applicable form of payment security device (i.e. payment bonds) available to CXT shall be included with the signed copy of this agreement . 15.Timing of Billing to Buyer Seller will invoice Buyer upon shipment from its supplier or facility, unless otherwise indicated on the face of this document. 16.Storage of Material For Buyer If, at Buyer's request, goods covered by this document are held at Seller's facility or service provider for more than 21 days after they are available for shipment, Buyer shall accept Seller's invoice and pay said invoice based on payment terms set forth herein. 17.Material Reservation Seller will only reserve material for 30 days with receipt of an executed purchase order, quote or order acknowledgement acceptable to Seller. After that time, material availability, price and shipment date may be adjusted, at Seller's option. 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: March 14, 2019 Item: To request that the City Council approve a change order to the contract with Thompson Engineering for $4,050 to perform a structural analysis assessment of the wireless cell phone equipment located on the City’s water tower at 111 Butler Avenue. Explanation: On February 28, 2019, the City Council approved a contract to allow T-Mobile to lease cell tower space on the water tower located on 111 Butler Avenue contingent upon the City’s approval of T-Mobile’s equipment construction drawings. The City requested a proposal from Thompson Engineering to evaluate T-Mobiles equipment construction drawings and performs a structural analysis of the existing equipment currently installed on the water tower. Thompson Engineering can perform the structural analysis for $4,050. Budget: The cost of the contract will be charged to Water and Sewer Fund Finance Department’s Accounting Division, line item 505.1512.52.1300, Contract Services to pay for the contract. Paper Work: ____X_ Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** Submitted by: Angela Hudson, Finance Director Phone / Email: (912) 472-5021/ahudson@cityof tybee.org Comments: ________________________________________________________________________________ March 12, 2019 Date given to Clerk of Council Single Project Agreement General Terms and Conditions Page 1 of 6 City of Tybee Island Water Tower Analysis Proposal Exhibit A ACKNOWLEDGMENT OF ORDER DATE: March 11, 2019 ORDERED BY: Mrs. Angela Hudson RE: City of Tybee Island Water Tower Analysis Proposal CLIENT: City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Dear Mrs. Hudson, Thank you for requesting our engineering services for the structural analysis of the water tower on Butler Avenue. It is our understanding that T-Mobile would like to remove and replace some of their existing cell antennas with new larger ones. The existing and new antennas are / will be mounted to the top of the Butler Avenue Water Tower and fastened to the existing guardrail that runs along the perimeter of the water tower. Other carriers also have antennas mounted to this guardrail as well. Before allowing T-Mobile to replace their existing equipment, the City of Tybee would like to have the water tower and the antenna mounting locations structurally evaluated to determine if the new equipment will cause structural damage to the water tower. Scope of Work Our services will consist of the following: · Structural Evaluation Phase o Perform a visual observation of the accessible areas of the water tower to ascertain existing conditions and existing construction details. o Perform the structural analysis of the framing supporting the antennas and on the water tower itself. o Prepare structural report outlining our findings and provide any recommended structural upgrades. Exclusions Items not included in the scope of services are as follows: · Structural inspections of any portions of the water tower that are inaccessible, behind finishes, or underground. · Geotechnical investigations of the existing foundations. INFORMATION REQUIRED: Thompson Engineering requires the following information: · A copy of the water tower’s construction drawings. If these are not available, Thompson Engineering will not be able to analyze the water tower and will be our recommendations solely on our visual observations. Single Project Agreement General Terms and Conditions Page 2 of 6 City of Tybee Island Water Tower Analysis Proposal FEE (BASIS): We will perform these services in accordance with the General Terms and Conditions attached hereto and our fees will be performed on a lump sum basis. Structural Evaluation Phase: Lump Sum $ 4,050.00 We anticipate commencement of our work within fourteen (14) calendar days from receipt of your authorization to proceed with completion within twenty one (21) calendar days from commencement. Attached hereto are the standard “General Terms and Conditions: which are to be made part of this agreement. Kindly return written authorization as provided on page 6. If you need further information or have any questions, please contact me at 251-490-6755. Sincerely, THOMPSON ENGINEERING, INC. George “Geep” Bockhold, P.E. Branch Manager Savannah Office Single Project Agreement General Terms and Conditions Page 3 of 6 City of Tybee Island Water Tower Analysis Proposal This Agreement is made by and between Thompson Engineering, Inc. (hereinafter Thompson Engineering) and the undersigned Client (“referred to herein as the “Client”). In consideration of the mutual covenants to be performed by the parties pursuant to this Agreement, each party hereby represents warrants and agrees as follows: 1. SCOPE OF WORK Thompson Engineering shall perform such services as are described in this contract and as described in Exhibit A (the “Work”). 2. INVOICES The Client shall pay Thompson Engineering for the Work performed under this Agreement a sum to be calculated as described on Exhibit A or, if no such description is provided or any portion of the Work is not specifically provided for in said description, at the rates shown on Thompson Engineering’s standard fee schedules which are in effect as of the time of execution hereof, or as may be otherwise specifically described herein. Thompson Engineering will submit invoices to Client no more than monthly and a final bill upon completion of the Work. Invoice will show charges for different personnel and expense classifications. A more detailed separation of charges and back-up data will be provided at Client’s request. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client shall pay a finance charge of one and one-half percent (1 ½ %) per month, or the maximum rate allowed by law, on past due accounts. In the event this agreement is terminated before the completion of all services, unless Thompson Engineering is responsible for such termination, Client agrees to release Thompson Engineering from all liability for services performed. In the event all or any portion of the services by Thompson Engineering are suspended, abandoned, or otherwise terminated, Client shall pay Thompson Engineering all fees and charges for services provided prior to termination. If Thompson Engineering’s services are suspended and restarted, Thompson Engineering will be entitled to additional compensation for extra services pursuant to the provisions of paragraph 2 of this agreement. Client agrees that if it requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Thompson Engineering’s usual and customary billing rates. If any staking or monuments are damaged, removed or destroyed by anyone other than Thompson Engineering, the entire cost of new staking or monumentation shall be paid for by Client as extra services in accordance with section 2. If Thompson Engineering personnel are called or subpoenaed for depositions, examinations, or court appearances in any dispute arising out of any project on which Work was performed, Thompson Engineering shall be reimbursed on a time and material basis in accordance with Thompson Engineering’s then current, standard billing rates for such matters, including all out-of-pocket costs incurred in connection with such matters. 3. RIGHT OF ENTRY The Client will provide for right of entry of Thompson Engineering personnel and all necessary equipment, in order to complete the Work. While Thompson Engineering will take all reasonable precautions to minimize any damage to Client’s property, it is understood by the Client that in the normal course of Work some damage may occur, the correction of which shall not be Thompson Engineering’s responsibility. 4. UTILITIES In the execution of its Work, Thompson Engineering will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to hold Thompson Engineering harmless for any damages to subterranean structures or utilities which are not called to Thompson Engineering’s attention and correctly shown on the plans furnished by the Client. If field services (i.e. survey, geotechnical) services are included in the scope of work, Thompson Engineering is not responsible for any determination or location of any underground conditions not visible and obvious by inspection of the premises, including, but not limited to, soils, geological conditions, physical devices and facilities, pipelines or buried cables unless specifically included in writing in this agreement, and shall not be responsible for any liability that may arise out of the making of or failure to make such determination or location of any subsurface condition. Client acknowledges that the services performed pursuant to this agreement are based upon field and other conditions existing at the time these services were performed. Client further acknowledges that field and other conditions may change at any time, and clarification, adjustments, modifications and other changes may be necessary to reflect changed field or other conditions. Such clarifications, adjustments, modifications and other changes, shall be paid for by Client as extra services in accordance with section 2 5. SAMPLES Thompson Engineering will retain all samples for thirty (30) days. Further storage or transfer of samples can be made at Client’s expense upon written request. 6. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Thompson Engineering, as instruments of service, shall remain the property of Thompson Engineering. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. Thompson Engineering will retain all pertinent records relating to the services performed for a period of five (5) years following submission of the report, during which period the records will be made available to the Client at all reasonable times. All documents are for the exclusive use and benefit of the Client only. Others who use the documents do so at their own peril. Thompson Engineering consents that its information and reports Single Project Agreement General Terms and Conditions Page 4 of 6 City of Tybee Island Water Tower Analysis Proposal may be furnished to and used by others participating in the financing and/or development of the project (and for reports involving real property transactions, other parties of the transaction), but only in the same manner and extent as if such others were the addressee and the Client. The terms, conditions, and limitations of liability contained in the Agreement shall apply to others to whom Client furnishes such information and reports. No one other than the Client is authorized to rely, in any way, on any information or reports issued pursuant to this Agreement. Client further agrees that final plats, specifications, drawings, reports or other documents are for the exclusive use of Client and may be used by Client only for the project described in this agreement. Such final plats, specifications, drawings, reports or other documents may not be changed or used on a different project without written consent of Thompson Engineering. 7. DISPUTES In the event that a dispute should arise relating to the obligations of the parties under this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred in connection with such dispute, including staff time, court costs, attorney’s fees and other related expenses. 8. PROFESSIONAL RESPONSIBILITY Thompson Engineering represents that the Work shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other professionals under similar circumstances at the time services are performed. No other representation to the Client, expressed or implied, and no warranty or guarantee is included or intended hereunder, or in any work performed under this Agreement. Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, or explorations are made by Thompson Engineering and that the data interpretations and recommendations of Thompson Engineering’s personnel are based solely on the information available to them. Thompson Engineering will be responsible for those data interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. 9. NOT USED 10. INSURANCE Thompson Engineering represents and warrants that it and its agents, staff and consultants employed by it is and are protected by worker’s compensation insurance and that it has such coverage under public liability and property damage insurance policies which Thompson Engineering deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Thompson Engineering shall not be responsible for any loss, damage or liability arising from any acts by Client, its agents, staff or other consultants employed by Client. 11. NOT USED 12. ASSIGNS Neither the Client nor Thompson Engineering may delegate, assign sublet or transfer his duties or interest in this Agreement without the written consent of the other party. 13. SAMPLING OR TEST LOCATION Client may be charged additional fees for costs associated with surveying of the site for the accurate horizontal and vertical locations of any tests. Field tests or boring locations described in Thompson Engineering’s report or shown on sketches will be based upon information furnished by others or estimates made in the field by Thompson Engineering’s representatives. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated. If the Client specifies a test or boring location, Thompson Engineering reserves the right to deviate a reasonable distance from the location specified. Thompson Engineering reserves the right to terminate its obligation to perform any Work if site conditions prevent drilling at or near the designated boring locations and these conditions were not revealed to Thompson Engineering prior to agreeing to perform the Work. If, in order to complete the borings to their designated depths, a re-drilling is necessitated by encountering impenetrable subsurface objects, this will be charged to Client at the appropriate rates contained in Thompson Engineering’s standard fee schedule. 14. RIGHT TO STOP WORK Stopping the construction work is an extreme action which should be taken only by the Client after giving serious consideration to the effects of such an order. Under no circumstances will Thompson Engineering take the initiative in issuing this order. Thompson Engineering will only provide data and recommendations. 15. ROOF CUTS To obtain accurate information in a roof investigation, roof cuts may be necessary. It is the responsibility of our Client to make the appropriate repairs to these roof cuts using materials consistent with the roofing system and in accordance with any existing material manufacturer’s warranties. A roofing contractor or maintenance personnel selected by Client should be on the roof to make repairs at the time the samples are obtained. Thompson Engineering can make temporary repairs at the time of Thompson Engineering’s inspections, but additional charges may be incurred. Although every attempt will be made to make these repaired areas water tight, Thompson Engineering will in no way be responsible for any water damage to the roofing system, building, or its contents resulting from Thompson Engineering’s temporary repairs. 16. FIELD MONITORING AND TESTING If the Scope of Work in Exhibit A includes construction field monitoring and/or testing, Thompson Engineering shall visit the project site at intervals appropriate to the stage of construction or as agreed to in writing by the Client and Thompson Engineering, in order to observe the progress and quality of the work completed by the contractor. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of the contractor’s work but rather are to allow Thompson Engineering to become generally familiar with the work in progress and to determine in general if the work is proceeding in accordance with the contract documents. Single Project Agreement General Terms and Conditions Page 5 of 6 City of Tybee Island Water Tower Analysis Proposal Thompson Engineering shall not supervise, direct or have control over the Client’s work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the contractor nor for the contractor’s safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the contractor in accordance with the contract documents. Thompson Engineering shall not be responsible for any acts or omissions of the contractor, subcontractor, and any entity performing any portion of the work, or any agents or employees of any of them. Thompson Engineering does not guarantee the performance of the contractor and shall not be responsible for the contractor’s failure to perform its work in accordance with the contract documents or any applicable laws, codes, rules or regulations. 17. SAFETY Should Thompson Engineering provide observations or monitoring services at the job site during construction, Client agrees that, in accordance with the generally accepted construction practice, the contractor will be solely and completely responsible for working conditions on the job site, including the safety of all persons and property during the performance of the work, and for compliance with OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. Any monitoring of the contractor’s procedures conducted by Thompson Engineering does not include review of the adequacy of the contractor’s safety measures in, on, adjacent to, or near the construction site. 18. HAZARDOUS SUBSTANCES Client agrees to advise Thompson Engineering, prior to beginning work, of any hazardous substance on or near the site. In the event that test samples obtained during our work contain substances hazardous to health, safety or the environment, these samples remain the property of the Client. Likewise, any equipment contaminated as a result of the Work which cannot be reasonably decontaminated shall become the property and responsibility of the Client. Client agrees to pay transportation costs for samples and equipment and the fair market value of contaminated equipment. 19. REUSE OF DOCUMENTS AND ELECTRONIC MEDIA Any and all documents and electronic media including Drawings, CADD files and Specifications prepared or furnished by Thompson Engineering (and Thompson Engineering’s independent professional associates and consultants) pursuant to this Agreement are instruments of service of the Project and Thompson Engineering shall retain an ownership and property interest therein whether or not the Project is completed. Information contained in signed or sealed drawings should be deemed to be correct and superior to electronic information. Client may make and retain copies for information and reference in connection with use and occupancy of the Project by Client and others; however, such documents are not intended or represented to be suitable for reuse by Client or others on extensions of the Project or on any other project. Any reuse without written authorization or adaptation by Thompson Engineering for the specific purpose intended will be at Client’s sole risk and without liability or legal exposure to Thompson Engineering, or to Thompson Engineering’s subsidiaries, holding company, independent professional associates or consultants, and Client shall indemnify and hold harmless Thompson Engineering and Thompson Engineering’s subsidiaries, holding company, independent professional associates and consultants from any and all claims (third party or otherwise), damages, losses and expenses, including attorney’s fees, arising out of or resulting therefrom. 20. NOT USED 21. ENTIRE AGREEMENT This Agreement represents the entire agreement between Client and Thompson Engineering and supersedes all prior negotiations, representations and agreements, either oral or written. No modification to the terms hereof shall be made unless agreed to in writing by both parties. 22. SEVERABILITY In the event any provision, or any portion of any provisions of this Agreement is held invalid, the other provisions of this Agreement and the remaining portion of said provision, shall not be affected thereby and shall continue in full force and effect. Thompson Engineering a Thompson, Inc. company General Terms and Conditions Page 6 of 6 November 2002 Approved and Authorized by: Thompson Engineering, Inc. (Client) By: ______________________ By: As its: ______________________ As its: Branch Manager Savannah Office Date: ______________________ Date: Address: _____________________ Address: 517 E Congress Street _____________________ Savannah, GA 31401 _____________________ ____________________________ Individual with authority and the company responsible for payment of Thompson Engineering, Inc.’s services. Please return executed copy of these terms and conditions to the attention of: George “Geep” Bockhold, P.E. / Laura Key Cell: (251) 490-6755 Office (912) 335-4934 Tybee Island Police Dept. -GA ISSUED 2/18/2019 AXON SALES REPRESENTATIVE David Gollobit (480) 905-2060 dgollobit@axon.com Q-161552-43514.856DG 1 Start Date: 02/15/2019 Payment Terms: Net 30 Delivery Method: Fedex -Ground Contract Number: 00014049 Q-161552-43514.856DG Year 1 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80156 FLEET 2 UNLIMITED PACKAGE: YEAR 1 PAYMENT 13 1,419.00 950.73 12,359.49 85739 FLEET EVIDENCE.COM STORAGE, UNLIMITED 13 0.00 0.00 0.00 Hardware 80179 FLEET 2 TAP TRUE-UP PAYMENT 13 638.00 638.00 8,294.00 71079 CAMERA SYSTEM, FRONT, FLEET 2 13 0.00 0.00 0.00 71081 CAMERA SYSTEM, REAR, WITH MOUNT, FLEET 2 13 0.00 0.00 0.00 70112 AXON SIGNAL UNIT 13 0.00 0.00 0.00 74024 BATTERY SYSTEM, AXON FLEET 26 0.00 0.00 0.00 74027 Axon Fleet Dongle 13 0.00 0.00 0.00 80186 5 YEAR TAP, FLEET 2 FRONT CAMERA SYSTEM 13 0.00 0.00 0.00 80187 5 YEAR TAP, FLEET 2 REAR CAMERA SYSTEM 13 0.00 0.00 0.00 80188 5 YEAR TAP, FLEET 2 REAR CAMERA CONTROLLER 13 0.00 0.00 0.00 71080 CAMERA MOUNT, FRONT, FLEET 2 13 0.00 0.00 0.00 71082 CAMERA CONTROLLER, REAR, FLEET 2 13 0.00 0.00 0.00 71083 CONTROLLER MOUNT, REAR CAMERA, FLEET 2 13 0.00 0.00 0.00 71022 FLEET CABLE ASSEMBLY, POWER 26 0.00 0.00 0.00 71085 CABLE ASSEMBLY, BATTERY BOX TO CAMERA, FLEET 2 26 0.00 0.00 0.00 74110 CABLE, CAT6 ETHERNET 25 FT, FLEET 13 0.00 0.00 0.00 Issued: 02/18/2019 Quote Expiration: 12/31/2018 Account Number: 467617 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Protect Life. PRIMARY CONTACT Joseph Fobes Phone: (912) 472-5094 Email: jfobes@cityoftybee.org BILL TO Tybee Island Police Dept. -GA 78 Van Horne St Tybee Island, GA 31328 US SHIP TO Joseph Fobes Tybee Island Police Dept. -GA 78 Van Horne St Tybee Island, GA 31328 US SALES REPRESENTATIVE David Gollobit Phone: (480) 905-2060 Email: dgollobit@axon.com Fax: 888-821-8703 Q-161552-43514.856DG 2 Year 1 (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Other No Router No Router (Declined)13 0.00 0.00 0.00 Services 80131 TRAIN INSTALLER OR INSTALLATION FACILITY, PER DAY, PER SITE 1 6,000.00 1,250.00 1,250.00 Subtotal 21,903.49 Estimated Shipping 0.00 Estimated Tax 0.00 Total 21,903.49 Spares Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85739 FLEET EVIDENCE.COM STORAGE, UNLIMITED 1 408.00 0.00 0.00 Hardware 71079 CAMERA SYSTEM, FRONT, FLEET 2 1 380.00 0.00 0.00 71080 CAMERA MOUNT, FRONT, FLEET 2 1 20.00 0.00 0.00 71081 CAMERA SYSTEM, REAR, WITH MOUNT, FLEET 2 1 380.00 0.00 0.00 71082 CAMERA CONTROLLER, REAR, FLEET 2 1 180.00 0.00 0.00 71083 CONTROLLER MOUNT, REAR CAMERA, FLEET 2 1 20.00 0.00 0.00 70112 AXON SIGNAL UNIT 1 279.00 0.00 0.00 74024 BATTERY SYSTEM, AXON FLEET 2 100.00 0.00 0.00 71022 FLEET CABLE ASSEMBLY, POWER 2 20.00 0.00 0.00 71085 CABLE ASSEMBLY, BATTERY BOX TO CAMERA, FLEET 2 2 15.00 0.00 0.00 80186 5 YEAR TAP, FLEET 2 FRONT CAMERA SYSTEM 1 0.00 0.00 0.00 80187 5 YEAR TAP, FLEET 2 REAR CAMERA SYSTEM 1 0.00 0.00 0.00 80188 5 YEAR TAP, FLEET 2 REAR CAMERA CONTROLLER 1 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Protect Life.Q-161552-43514.856DG 3 Year 2 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80157 FLEET 2 UNLIMITED PACKAGE: YEAR 2 PAYMENT 13 1,548.00 1,548.00 20,124.00 85739 FLEET EVIDENCE.COM STORAGE, UNLIMITED 13 0.00 0.00 0.00 Subtotal 20,124.00 Estimated Tax 0.00 Total 20,124.00 Year 3 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80158 FLEET 2 UNLIMITED PACKAGE: YEAR 3 PAYMENT 13 1,548.00 1,548.00 20,124.00 85739 FLEET EVIDENCE.COM STORAGE, UNLIMITED 13 0.00 0.00 0.00 Subtotal 20,124.00 Estimated Tax 0.00 Total 20,124.00 Year 4 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80159 FLEET 2 UNLIMITED PACKAGE: YEAR 4 PAYMENT 13 1,548.00 1,548.00 20,124.00 85739 FLEET EVIDENCE.COM STORAGE, UNLIMITED 13 0.00 0.00 0.00 Subtotal 20,124.00 Estimated Tax 0.00 Total 20,124.00 Grand Total 82,275.49 Protect Life.Q-161552-43514.856DG 4 Summary of Payments Payment Amount (USD) Year 1 21,903.49 Spares 0.00 Year 2 20,124.00 Year 3 20,124.00 Year 4 20,124.00 Grand Total 82,275.49 Discounts (USD) Quote Expiration: 12/31/2018 List Amount 95,050.00 Discounts 12,774.51 Total 82,275.49 *Total excludes applicable taxes and shipping Protect Life.Q-161552-43514.856DG 5 Agency Created For:Tybee Island Police Dept. -GA Axon Fleet In-Car Recording Platform This document details a proposed system design STATEMENT OF WORK & CONFIGURATION DOCUMENT Quote:Q-161552-43514.856DG Sold By: David Gollobit Designed By: Jake Borro Installed By:Axon Target Install Date: 6 Q-161552-43514.856DG V-3.26.18 SYSTEM CONFIGURATION DETAILS The following sections detail the configuration of the Axon Fleet In -Car System Vehicle Hardware Vehicle Hardware 2 Axon Fleet Cameras will be installed in each vehicle 2 Axon Fleet Battery Boxes will be installed in each vehicle 1 Axon Signal Units will be installed in each vehicle 1 Cradlepoint IBR900 Series router will be installed in each vehicle Axon Battery Boxes The battery box provides power to its connected camera for up to 4 hours allowing for video offload while the vehicle ignition state is OFF and the MDT is connected and available. Signal Activation Methods When triggered, the Axon Signal Vehicle (ASV) device will activate the recording mechanism for all configured Axon cameras within 30 feet of the vehicle. Mobile Data Terminal Each vehicle will be equipped with a Mobile Data Terminal provided by the customer. Mobile Data Terminal Requirements Operating System: Windows 7 or Windows 10 -x32 or x64 with the most current service packs and updates Hard Drive: Must have 25GB+ of free disk space RAM/Memory: Windows 7 -4GB or greater | Windows 10 -8GB or greater Ethernet Port: The system requires the MDT to have one dedicated and available Ethernet port reserved for an Ethernet cable from router. The Ethernet port can be located on an electronic and stationary mobile docking station. If a docking station is used, it is the preferred location for the Ethernet port. Wi-Fi Card: The system requires an 802.11n compatible Wi -Fi card using 5Ghz band. USB Ports: If the computer is assigned to the officer and does not remain with the vehicle, then the number dongles ordered should equal the number of officers or the number of computers assigned. At least one dedicated and available USB 2.0 port for the Fleet USB dongle USB Port on MDT or Dock. VEHICLE OVERVIEW SITE NAME CUSTOMER NAME Headquarters Tybee Island Police Dept. -GA Total Configured Vehicles •13 Total Vehicles with this Configuration Video Capture Sources •26 Total Cameras Deployed •1 Axon Signal Unit(s) Per Vehicle Mobile Data Terminal Per Vehicle •1 Located In Each Vehicle Mobile Router Per Vehicle •1 Cradlepoint IBR900 Series Offload Mechanism •4G LTE Cellular Evidence Management System •Evidence.com Axon Camera Signal Unit In-Car Router Battery Box 7 Q-161552-43514.856DG Additional Considerations If the customer has a MiFi hotspot, embedded cellular, or USB 4G, then the customer must purchase a Cradlepoint router with an external antenna and Cradlecare. For agencies that use NetMotion Mobility, Axon traffic must be passed through; such that it does not use the Mobility VPN tunnel. Customer must provide IT and / or Admin resources at time of installation to ensure data routing if functional for Axon Fleet operation. In the event an Agency is unable to support the IT requirements associated with the installation, Axon reserves the right to charge the Agency for additional time associated with on -site work completed by an Axon Employee. Hardware Provisioning Axon will provide the following router for all vehicles:Cradlepoint IBR900 Series The customer will provide a MDT for each vehicle In-Car Network Considerations Network Requirements Cradlepoint IBR900 Series will create a dedicated 5Ghz WiFi network within each vehicle. This network will join the Axon Fleet cameras and Mobile Data Terminal together. Network Addressing IP Addressing Total IPs Required Axon Fleet Cameras 26 52Mobile Data Terminal 13 Cradlepoint IBR900 Series 13 Hardware Provisioning Customer to provide all IP addressing and applicable network information Network Consideration Agreement Network Consideration Agreement Customer acknowledges the minimum requirements for the network to support this Statement of Work. All Axon employees performing services under this SOW are CJIS certified. If the network provided by Customer does not meet the minimum requirements, or in the event of a requested change in scope of the project, a Change Order will be required and additional fees may apply. Additional fees would also apply if Axon is required to extend the installation time for reasons caused by the customer or the customer network accessibility. 8 Q-161552-43514.856DG Professional Services & Training Project Management Axon will assign a Project Manager that will provide the expertise to execute a successful Fleet camera deployment and implementation. The Project Manager will have knowledge and experience with all phases of the project management lifecycle and with all application modules being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables . Vehicle Installation Axon will be performing the installation of all Axon Fleet vehicle hardware. Installation services purchased from Axon include a “clip” and removal of existing in -car system hardware. This does not include “full removal” of existing wiring. A “full removal” of all existing hardware and wiring is subject to additional fees. Axon provides basic Fleet operation overview to the customer lead and/or Admin at the time of install. Clip vs Rip installation removal: o It is necessary to differentiate between the type of equipment removal to be provided by Axon. Standard Fleet Installation includes hardware removal in a fashion considered “Clip” which means Axon cuts the wires from the old system without removing multiple panels, removing all wiring and parts from the old system.In the case Axon removes the hardware Axon is not responsible for the surplus of hardware or any devices that may have been physically integrated with the removed system.In some situations, radar systems are integrated with the in -car video system and have a cable that connects to the system, if Axon removes the old in car system then Axon is not responsible for the radar system as part of the removal. o A “Rip” removal should be contracted through ProLogic directly. The Rip would be similar to a complete and full removal, which is more common when they retire a vehicle from service. Custom Trigger Installation Axon Signal Units have multiple trigger configuration options. Any trigger configurations that include a door or magnetic door switch are considered “custom” and may be subject to additional fees. An Axon representative has discussed with the Agency the standard triggers of the Fleet System. Those standard triggers include light -bar activation, speed, crash and gun -locks. The light-bar must have a controller to allow Axon to interface for the desired position, gun -locks must be installed with existing hardware in the vehicle. Doors are considered “CUSTOM” since they required additional hardware and time for installation, typically requiring the door may need to be taken apart for the installation. Training End-user go-live training provides individual device set up and configuration assistance, training on device use, Evidence.com and AXON View XL. End-user go-live training and support is not included in the installation fee scope. 9 Q-161552-43514.856DG 4G / Cellular Offload Considerations Network Considerations The Cradlepoint IBR900 Series will be the connection which allows 4G upload of recorded video The customer will ensure that their cellular contract does not allow for data throttling, or service denial, once a set data threshold is met. Throttling or denial of service will negatively affect Fleet upload capabilities. The MDT's 4G connection will facilitate the upload of recorded video content. Hardware Provisioning The customer will provide all 4G sim cards as required by their mobile provider. 10 Q-161552-43514.856DG Notes This quote contains 13 Unlimited Fleet 2.0 licenses to be added to existing contract 14049 (originated via Q-128228). These subscriptions have been prorated for the duration of the existing contract and will be up for renewal at the expiration date of the referenced c ontract. Fleet cameras contained in this quote will be covered under the Technology Assurance Plan (aka TAP or Taser Assurance Plan) f or like product and will be eligible for ONE replacement at the end of the above referenced contract. Axon’s Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on beh alf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have le gal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Signature:CustSIG Date:CustDate Name (Print):CustName Title:CustTitle PO# (Or write N/A):CustPo Please sign and email to David Gollobit at dgollobit@axon.com or fax to 888-821-8703 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com Quote: Q-161552-43514.856DG ‘Protect Life’© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Protect Life.Q-161552-43514.856DG 11 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 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. 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 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 5 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 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: ______ 3 ENACTED: 572.001.Ordin 2018//16-2018 noise 07.02.18 Ethics Commission Minutes Meeting February 18, 2019 Approved February 27, 2019 Members Present: Ben Goggins, Patrick Lovato, James McNaughton, Michael Pappas, and Frances Kay Strickland Members Absent: Dennis Alexander Ex-Officos Present: Janice Elliott, Recording Clerk Invited Guests: Charlie Barrow, Attorney for Ethics Commission Minutes: Frances Kay Strickland made a motion for the February 21, 2018 meeting minutes to be approved. Ben Goggins seconded. Minutes were approved. Old Business: Discussion of the New Ethics Procedure – Attorney Charlie Barrow Charlie Barrow, as the attorney of the Ethics Commission, stated on record that a petition had been filed by a citizen complaining of an action taken by a council member. He then walked the members through the procedure as to how to handle the petition. “The job today is to see if it meets the bare minimum requirements to proceed further,” he explained to the members. If the members agree that there is enough information to proceed, the subject of the complaint will receive written notice by Certified Mail. A response will be collected from the respondent (within 30 days of notification); pertinent information will be gathered in order to investigate the matter fully; a meeting will be held at which the complainant and the respondent will be present to offer any other information they wish to present. The first meeting is an informal conference – a discussion. If it can be resolved at the informal meeting, the proceedings end. If it cannot be resolved in an informal discussion, then the proceedings continue. Another meeting will be set for a more formal presentation of evidence. We are here today to look at the minimum. Assuming the petition is true, could it theoretically create a violation and if it does, we move forward. New Business: Review and Discussion of pending Ethics Complaint received February 12, 2019 by Ethics Commission Chair, Michael Pappas There was discussion on whether this petition was an ethics violation. There was a concern by Ben Goggins that this did not merit an ethics violation. He felt that based on the two quotes in the petition seemed to be opinions. “These quotes seem to be casual with no immediate financial interest,” Goggins stated. He suggested a weakness in the petition. Frances Kay Strickland felt that the council member mentioned in the complaint should have taken a step back and not make the recommendation as such. She stated that we want all people to know that we enhance the public’s confidence in the integrity of the city government and management as stated in our by-laws. Even if it does not hold a lot of substance, we should follow through and lay the ground work. Michael asked the opinions of the other Ethic Commission members. The other two members were in agreement with Ben Goggins, but one felt to do their due diligence that the proceeding should move forward. Michael called for a motion to vote for or against further action. Frances Kay Strickland moved to proceed with further action. The motion was approved 4 to 1 with Ben Goggins voting against. City email addresses were discussed. New members need city accounts set up. All ethics communications will be sent via the city email address. Charlie Barrow cautioned the Ethics Commission not to go out and do their own investigations. A digital copy of the meeting is available through the Clerk’s office for review. Next scheduled meeting is for February 27, 2019 at 4:00 pm in the Public Safety Conference Room. This meeting is the annual meeting for the Ethic Commission. Adjournment: Frances Kay Strickland motioned to adjourn the meeting. James McNaughton seconded. Motion carried. Meeting adjourned. 02/20/2019je Ethics Commission Minutes Annual Meeting February 21, 2018 Approved 02/18/2019 Members Present: Dennis Alexander, Ben Goggins, Katherine Garlington, Michael Pappas, and Frances Kay Strickland Members Absent: Sheldon Tenenbaum Ex-Officos Present: Janice Elliott, Recording Clerk Invited Guests: Jason Buelterman Swearing in of Officers: Mayor Jason Buelterman administered the oath to Dennis Alexander and Ben Goggins. Roll: Michael Pappas, called the meeting to order. Roll was taken. All members were present except for Sheldon Tenenbaum who was out of the country. Election of Officers: Called for nomination for Chairman – Dennis Alexander nominated Michael Pappas. Frances Kay Strickland seconded the motion. Motion carried – one abstention (Michael Pappas) . Called for nomination for Vice-Chairman – Frances Kay Strickland nominated Katherine Garlington for Vice Chairman. Dennis Alexander seconded the motion. Motion carried unanimously. Kathy Jackson served on the Ethics Commission since April 29, 2010 – almost 8 years. Minutes: The Ethics Commission did not vote on the minutes. Old Business: Outcome of the recommendations sent to the Mayor and Council for approval See New Ethics Ordinance approved July 13, 2017 Reviewed the changes that occurred in the Ethics Ordinance approved July 13, 2017 by the Mayor and Council. Section 23-1. – Definitions City official definition was changed Section 23-43. Complaints Added to the ordinance Section 23-43 (c) To discourage the filing of ethics complaints solely for political purposes……… Added to the ordinance – 23-43 (f) A person (complainant) alleging that the City Manager, the City Attorney, the City Clerk or a Municipal Court Judge violated any provision of this code may submit a written and signed complaint to the Mayor and Council…….. Section 23-46. – Legal Fees Added to the Ordinance Reviewed the Ethics Complaint Procedure Packet documents updated February 2, 2017 for compliance to the updated ordinance. Updated Ethics Complaint Procedure was good. Complainant Letter had a few typographical errors that needed to be changed. A few minor changes and additions were done to the Respondent Letter. (See attached documents) All documents with and without changes were voted on and approved by the Ethics Commission. New Business: Open Ethics Commission Position – There is an opening for the Ethics Commission, please encourage applicants. Adjournment: Michael Pappas motioned to adjourn the meeting. Frances Kay Strickland seconded. Motion carried. Meeting adjourned. 03/01/2018je 20190305/jrl Ethics Commission Minutes February 27, 2019 Approved March 11, 2019 Members Present: Michael Pappas, Ben Goggins, Patrick Lovato, Dennis Alexander and Zelda Tenenbaum. Members Absent: James McNaughton and Frances Kay Strickland Ex-Offico Present: Jan LeViner, Clerk of Council, Recording Clerk Roll: Michael Pallas called the meeting to order. Roll was taken Election of Officers for 2019 Dennis Alexander made a motion for Michael Pappas to be President. Zelda Tenenbaum seconded. Dennis Alexander made a motion for nominations to be closed. Ben Goggins seconded. Vote was unanimous to close nominations. Vote was unanimous to approve Michael Pappas as President. Ben Goggins nominated Dennis Alexander as Vice President. Michael Pappas seconded. Vote was unanimous to approve. Minutes: Mr. Alexander asked Mr. Pappas if the Ethics Complaint had been circulated at the February 20, 2019 meeting. Mr. Pappas responded no but prior to the next meeting the Commission will be provided with a copy of the Complaint to include the response from Councilmember Parks. Mr. Pappas explained at the next meeting Mr. Barrow will be in attendance for a discussion of the Complaint. Mr. Alexander asked if the upcoming meeting would be an informal meeting to discuss the Complaint as well as the response. Mr. Pappas confirmed. Ben Goggins made a motion to approve the February 20, 2019 meeting minutes. Patrick Lovato seconded. Minutes were approved unanimously. As there were visitors in the meeting, Mr. Alexander explained the process the Commission follows once an Ethics Complaint has been received. Mr. Pappas asked Ms. LeViner to forward a copy of the Ethics Complaint and response from Councilmember Parks to the members of the Commission. Ben Goggins made a motion to approve the minutes. Patrick Lovato seconded. Vote was unanimous to approve. Old Business 20190305/jrl None New Business Mr. Pappas canvased the Commission for availability of scheduling the next meeting. Monday, March 4, 2019 as 4:00PM was the date recommended contingent upon availability of Mr. Barrow, Mr. Reed and Councilman Parks. Ms. Elliott to reach out to the other members regarding availability. Adjournment: Dennis Alexander made a motion to adjourn. Ben Goggins seconded. Vote was unanimous to adjourn. Meeting adjourned at 4:30PM. Attendees: Jason Beulterman, John Branigin, Monty Parks, Shawn Gillen, Angela Hudson, Nalene Conway Jason called the meeting to order. New Business: Jason Beulterman – Determine set amount or percentage of budget to maintain in fund balance Jason asked Shawn and Angela for thoughts on this. Shawn asked Angela what our annual general fund revenues are. Angela replied that last year we took in $11.3 million. She stated in doing the budget we are at $7 million in terms of payroll and personnel. Payroll is at 65% Shawn advised the committee that the number the study came up with was $3.5 million needed to respond to a hurricane. He stated it is possible to get all or most of that back but it takes time. The question is what we need beyond that to have sufficient reserves for good bond readings or the ability to respond to another emergency within the same year. Shawn used $9 million as an example. $9 million is about 85% of revenues on an annual basis. Jason asked Shawn if he was suggesting if we set $9 million as the amount. Angela suggested $10 million and stated several debts that could occur if something happens to the island. Monty stated that he thinks $10 million is excessive. He stated that at some point we owe it to the tax payers to ease back a little. Monty stated we are adding parking spaces and increasing parking rates. He mentioned that hotel/motel only goes up as those rates increase. Angela stated as of right now we are at $9.5 in revenues. She stated our trend with the exception of last year (transferring $800,000 in to the Campground fund to make it whole again) is we have traditionally been bringing in a lot more revenue of a million dollars or more. Shawn stated we have to do some capital projects. He stated we can’t just rely on SPLOST to do that, and we need to be in the position to use some general fund revenues (revenues over expenditures). Shawn asked Angela if we set it at $10 million would we still have that flexibility to do the $500k and $1 million in capital projects of general fund. Angela stated that people can also look at operating cost. Monty asked if we could dedicate money to separate accounts/programs instead of only having a general fund reserve. The committee discussed this as an option. Shawn suggested instead of picking a flat number, determine a percentage. John stated he thinks it is reasonable to set a floor as long as we can justify the amount based on potential issues. He stated he doesn’t think we need to grow the fund balance anymore. John stated he would like to take the money that would have gone to grow the fund balance and put it towards capital. Jason stated he agreed with setting a percentage that will be enabled to grow and dedicate everything above towards capital. Monty stated the reason he suggested reserve accounts was because it makes it more transparent more than it sitting in general fund. The committee discussed fund balance and designation according to GASB rules. Shawn advised that enterprise funds are intended to be self-sufficient. He stated that utility is supposed to have a rate structure that should sustain it operationally and capital wise in to perpetuity. He stated if subsidizing with general fund dollars you are artificially lowering those rates. Jason asked Shawn to work with his team to come up with a percentage and make a recommendation to City Council with the additional money being designated for capital. He stated to Monty if council thinks what he is suggesting is this is the best way to move forward they can make that recommendation. The committee discussed. Monty made a motion that staff develop a reserve general fund amount based on percentage of annual income, revenue, or operating expense and present to council as being the reserve amount with the amount above to be dedicated toward capital means. John seconded. All were in favor. John Branigan – Mobile 911 surcharges John stated that according to the GMA update, the money from the 911 surcharges now goes from the telecoms to the Georgia Department of revenue rather than directly to the counties. He stated that he pulled his landline phone bill and at the very bottom under the 911 fees it states “based on our records your CUI number is GA0911, your regulatory address is Tybee Island”. He advised that we watch when we get our allotment from the Department of Revenue because a couple things could happen. They may be more accurate in figuring out how many registered phones there are on Tybee Island so our amount could go up. It could stay relatively the same in which case we are still getting underpaid. The worst case would be the Georgia Department of Revenue decides Tybee Island is in Chatham County, it all goes to Chatham County in which case we don’t get anything. John stated that the best news out of this is now there is one entity that we have a better chance to try to get this cleared up so we are getting our equitable fair share of that 911 money. Angela stated that we are getting some of the prepaid fees. Jason stated we have been waiting for written confirmation that they won’t hit us up with a bill two years down the road. The committee discussed there were a lot of kinks to be worked out. John made a motion to have Angela keep an eye on our 911 reimbursements and see if she can draw any conclusion about whether we are still being underpaid. Monty seconded the motion. All were in favor. John Branigan – Solid waste subsidy John stated that he personally thinks it is wrong to be subsidizing what we charge for solid waste Shawn stated it is his understanding there are two pieces that cause a general fund subsidy of solid waste fund. Steven’s Day exemption The City is charged yard waste pick up. The charge is not extended to the customer. John stated he does not believe this is very transparent. Jason asked what it would cost each home to pay for yard waste. Nalene replied that the city is paying $4.64 per home, approximately 2,600 residents bringing the monthly total to $12,041. The committee discussed whether or not to continue subsidies and reviewed the current amounts being subsidized. The committee discussed the purpose of the Steven’s Day subsidy is to relieve the residents of rate increases. The committee discussed the option of modifying or possibly terminating the contract with Atlantic Waste saving the citizens and the city (in subsidies) approximately $240,000 per year. John stated an option of not billing people directly period and just have the city pay for it as part of city services. Jason stated he wanted to figure out a way to get the cost everyone pays for yard debris through subsidy and taxes down. The committee discussed parameters for a proposal. John stated that we have two separate issues. Not getting the service from Atlantic Waste on a city wide basis that we should be General fund subsidizing enterprise fund Jason asked Shawn what the motion should be. Shawn stated the motion should be to assess alternative means of yard waste collection that would lower the subsidization of yard waste collection in the solid waste fund. John stated that he thinks we should table all of this and pay greater attention to the RFP that we put together and when we get the results of the RFP we ask the staff to come up with a rate structure that fully funds what the city has to pay. The committee agreed to hold off. John Branigin – Water/Sewer Rates Jason asked if he could make a suggestion that we consider doing the same thing with the CPI to the rates that we do with all the impact fees for developers that would be in construction and any other impact fees where the money goes straight to water and sewer. The committee discussed. Monty made a motion to get a list of impact fees that would be affected by a CPI increase. John seconded. All were in favor. John stated we need to act with some sense of urgency to figure out how we are going to get from here to there. There being ten years out when we start construction of the new sewer treatment facility. He stated he thinks it’s up to the Infrastructure Committee to come up with a road map for how to get things done. He stated he thinks the Finance Committee needs to play a role in figuring out what the strategy is to making sure we can pay for it. Monty suggested moving some money out of general fund and start the fund, put seed money in there now. The committee discussed whether or not the percentage of the increase in demand based on R2 build out is minimal. Shawn advised the committee; Use caution subsidizing utility fund with general fund dollars because over time that can cause neglect to the system. Courtney is giving a starting point and does assume full build out. If new SPLOST passes some of that can be used and is not general fund subsidy but instead using one time dollars for one time expenditure. There are two types of structures Courtney recommended. The 3,000 citizens of Tybee aren’t the ones driving the water demand, so how do you push the cost to those driving the demand. Get a list of the highest users top to bottom, commercial and residential and then cross reference those addresses with our short term vacation rental database or homestead exemption data. Courtney’s study only gave top ten. The committee discussed if Infrastructure and Finance Meetings will give enough focus. Monty stated he thinks it a good idea to have Planning Commission look at the R-2 definition. Shawn stated the Master Plan Implementation Committee is in their charge , was to go through the caring capacity study and this is an outgrowth of the caring capacity study. He stated they are eager to help. Jason stated we need to know how much money we actually need. John made a motion to charge the Master Plan Implementation Committee with coming up with a list of assumptions either from Courtney’s study or rethinking those that can become the input into the infrastructure analysis which can then drive the financial discussion. Monty seconded the motion. Jason requested a motion to adjourn the meeting. Monty made the motion. John seconded. The meeting was adjourned.