HomeMy Public PortalAbout20190328AmendedPacket.pdfMAYOR CITY MANAGER
Jason Buelterman Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Wanda Doyle CITY ATTORNEY
Julie Livingston Edward M. Hughes
Monty Parks
Shirley Sessions
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
March 28, 2019 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Executive Session
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Recognitions and Proclamations
1. Cathy Sakas, Beach Task Force
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
2. Minutes, City Council Meeting, March 14, 2019
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
3. Ava Thomas, Tybee Island Youth Council
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
4. Jan LeViner, Out-of-State Travel, Oak Ridge, TN, Athenian Leadership Society Dialogue,
IIMC Certification, April 4 - 5, 2019
5. Georgia Power Company Distributed Generation Agreement
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
6. Falcon Fireworks Contract
7. Mack Kitchens, C. Rader, Naylor Avenue
8. Contract, Penn Credit Corporation, Court Collections
9. To request the City Council approve a change order to the contract with Metalcraft for
$3,840 to remove and dispose of the existing gutter and downspouts on the gymnasium
roof.
Consideration of Ordinances, Resolutions
10. Second Reading, 2019-05, Sec 22-110 and 22-112, Noise
11. Second Reading, 2019-02, Sec 42-66, Fireworks
Council, Officials and City Attorney Considerations and Comments
12. Bubba Hughes, Preliminary consideration of potential conveyance of portion of right-of-
way, 1 Moore Avenue
13. Barry Brown - Beach Ambassador Program
14. Wanda Doyle - Jaycee Park Restrooms
15. Monty Parks, Turtle Statue with Tybee Arts Association
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.”
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
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, March 14, 2019
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on March 14, 2019. Those
present were Monty Parks, John Branigin, Wanda Doyle, Barry Brown, and Shirley Sessions.
Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George
Shaw, Director, Community Development; Angela Hudson, Finance Director; and Janet LeViner,
Clerk of Council. Julie Livingston was excused.
Mayor pro tem Brown listed the following items on the consent agenda:
Minutes, City Council Meeting, February 28, 2019
Out-of-State Travel, Jason Buelterman and Shawn Gillen, June 18 - 19, 2019,
Washington, DC
Out-of-State Travel, Joel Fobes, Axon Accelerate 2019 Conference, Phoenix, AZ, April 28
- May 2, 2019.
Out-of-State Travel, Jan LeViner, Birmingham, IIMC Conference, May 18 - 22, 2019
Out-of-State Travel, Todd Smith, March 21 - 24, 2019, Michigan, Inspect the Emergency
Mobile Command Vehicle
Out-of-State Travel, Jamey Rabun - May 7 - 9, 2019, Orlando, FL. Florida State
Association of RV Parks and Campgrounds
Out-of-State Travel, Melissa Freeman, April 17 - 19, 2019, Kissimmee, FL, Public
Procurement Training
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.
Approve proposal and award project to Korkat for shade system at Jaycee
Park. $75,663.84. Line Item 322.6210.54.1100. Discussion: Mayor Buelterman
expressed his concerns with the posts being wrapped for safety issues. Ms. Doyle
confirmed there would not be any safety issues. Mayor Buelterman asked Dr. Gillen to
follow-up with Haley Hill regarding wrapping the poles at the playground in Memorial
Park.
Approve proposal and award project to Korkat for playground surface at Jaycee
Park. $97,015.00. Line Item 322.6210.54.1100. Discussion: Mayor Buelterman
asked if this is the same material as used in Memorial Park. Ms. Doyle confirmed.
River's End Campground, Quote, Bathhouse, $212,238.76. Discussion: Jamey
Rabun approached Mayor and Council. $212,238.76 is only the structure itself and the
total quote to include HVAC is $292,000.
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
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.
Monty Parks made a motion to adjourn to Executive Session to discuss Real Estate. John
Branigin seconded. Vote was unanimous, 5-0.
Monty Parks made a motion to return to regular session. Barry Brown seconded. Vote was
unanimous 5-0.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the
consent agenda were present.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner, Clerk
Pledge of Allegiance
Invite Guests
Dr. Kennedy O'Kere, Founder of Horizon International Medical Mission, approached Mayor
and Council. Dr. O’Kere thanked everyone for the opportunity to speak on the Medical Mission.
He continued to explain the Medical Mission and by the City collecting glasses gives people the
ability to see. Dr. O’Kere then showed a short presentation showing what the City has done for
our sister city. Mayor Buelterman thanked Dr. O’Kere and Ms. Pearce.
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 5-0.
Public Hearings
Approval of Private and Residential Parking Lots. John Salter approached Mayor and
Council asking them not to approve the private parking lot at 1001 Butler Avenue. This is due
to trash and the over saturation of beach goers in that area. Mayor Buelterman thanked Mr.
Salter. Mayor Buelterman read a letter from Bobby and Sheila Phillips speaking in
opposition of the private parking lot at 1001 Butler Avenue and asked additional restrictions be
put in place. Mayor Buelterman read a letter from Vincent Ferraro, 13 10th Street asking
Mayor and Council not to approve the private parking lot at 1001 Butler Avenue. Russell
Bridges approached Mayor and Council to speak in favor of his request at 1001 Butler Avenue.
Mr. Bridges stated there have been no complaints, no police calls and no incidents at his
parking lot. Marianne Bramble, Joyce Prescott and Russell Bridges approached Mayor
and Council. Each spoke in favor of their individual private parking lots. Monty Parks made a
motion to approve all residential parking lots. Wanda Doyle seconded. Discussion: Mayor
Buelterman recommended each parking lot be handled individually with six motions. Ms.
Sessions agreed. Monty Parks withdrew his motion. Wanda Doyle withdrew her second.
Monty Parks made a motion to approve the Sunrise Parking Lot. Wanda Doyle seconded.
Vote was unanimous to approve, 5-0.
Monty Parks made a motion to approve the Ocean Plaza Beach Resort Parking Lot.
Wanda Doyle seconded. Vote was unanimous to approve, 5-0.
Monty Parks made a motion to approve the Bramble Family Parking Lot. Wanda Doyle
seconded. Voting in favor were Monty Parks, John Branigin, Wanda Doyle and Shirley Session.
Voting against was Barry Brown. Vote to approve, 4-1.
Monty Parks made a motion to approve the Renee Bridges Parking Lot. Wanda Doyle
second. Voting in favor were Monty Parks, John Branigin and Wanda Doyle. Voting against
were Barry Brown and Shirley Session. Vote to approve, 3-2.
Monty Parks made a motion to approve the Joyce Prescott Parking Lot. John Branigin
seconded. Voting in favor were Monty Parks, John Branigin, Wanda Doyle and Shirley Session.
Voting against was Barry Brown. Vote to approve, 4-1.
Monty Parks made a motion to approve the Jack Rosenberg Parking Lot. Wanda Doyle
seconded. Voting in favor were Monty Parks, John Branigin, Wanda Doyle and Shirley Session.
Voting against was Barry Brown. Vote to approve, 4-1.
NOTE: Parking will include 32 days from Memorial Day to Labor Day, Saturday and
Sunday only. This also includes July 3rd and 4th of July as they do not fall on a weekend.
Ms. Doyle stated the City Marshalls are checking the parking lots for violations during
the allotted hours of operation.
Variance, 318 Polk Street right-of-way. Mayor Buelterman recommended approval as
the Planning Commission also voting in the affirmative unanimously. Wanda Doyle made a
motion to approve. Monty Parks seconded. Voting in favor were Monty Parks, John Branigin,
Wanda Doyle and Shirley Sessions. Voting against was Barry Brown. Vote to approve, 4-1.
Consideration of Bids, Contracts, Agreements and Expenditures
Marine Science Center Change Order. Pulled from consideration
Consideration of Ordinances, Resolutions
Repeal and Readopt, First Reading, 2019-02, Sec 42-66, Fireworks. Mr. Hughes
stated the current ordinance is amended so it clarifies the time and provides fireworks may
lawfully be used from 10:00AM to 11:59PM. He continued to explain the changes as outlined in
the proposed ordinance. Mayor Buelterman confirmed the City is being as restrictive as State
Law will allow. Mr. Hughes confirmed. Mayor Buelterman asked Dr. Gillen to work with Staff
to develop a press release to send on March 29, 2019 or shortly thereafter to make everyone
aware of the changes to the ordinance to include the fine information up to $1,000. Dr. Gillen
confirmed. Wanda Doyle made a motion to approve. John Branigin seconded. Vote was
unanimous to approve, 5-0.
Repeal and Readopt First Reading, 2019-05, Sec 22-110 and 22-112, Noise. Mr.
Hughes stated the City will use the noise ordinance to control the use of consumer fireworks
and must advertise and adopt the noise ordinance after the advertisement. This is for the first
reading and repeal of the existing noise ordinance which would not apply to fireworks and
immediately readopt it so that it will apply to fireworks. Mr. Hughes confirmed the proposed
ordinance is identical to the existing ordinance. John Branigin made a motion to approve.
Wanda Doyle seconded. Vote was unanimous to approve, 5-0.
Council, Officials and City Attorney Considerations and Comments
Preliminary consideration of potential conveyance of portion of right-of-way, 1
Moore Avenue. Mr. Hughes made reference to the plat provided by Mr. Yellen (attached).
He stated the petitioner is proposing a boundary line agreement with a mutual conveyances so
the City acquire adequate right-of-way to protect the ability to maintain the travel portion of the
road. Mayor Buelterman confirmed that would be preferable to conveyance of a portion of the
right-of-way. Mr. Hughes responded it would include a possible conveyance of a portion of the
right-of-way. Ms. Doyle asked for a clarification of parcels “A”, “B”, “C” and “D” as depicted in
the packet. Mr. Shaw stated parcel D is parallelogram that is in dispute. The petitioner is
claiming it is part of their property and the City believes the property was never properly
transferred. He continued, parcel C is currently the City right-of-way that the petitioner would
like to acquire in agreement where the City would take parcels A and B relinquishing any rights
the remainder of parcel D and then parcel C would go to the petitioner. The petitioner is
claiming parcel A is currently theirs, the City claims ownership. A discussion ensued regarding
the possibility of a variance in the future as the lots would be considered sub-standard lots of
records. Mr. Branigin recommended Mr. Hughes to meet with Mr. Shaw and Mr. Yellen for
recommendations and bring back to Mayor and Council. Wanda Doyle made a motion Mr.
Hughes meet with Mr. Yellen, Mr. Shaw and Dr. Gillen and bring back an agreement to Mayor
and Council for consideration. Monty Parks seconded. Vote was unanimous to approve, 5-0.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5-
0.
Meeting adjourned at 8:15PM.
______________________________
Janet R. LeViner, CMC
Clerk
Distributed Generation Service Agreement Page 1 of 4
Revised December 28, 2015
Distributed Generation (“RNR”) Service Agreement
Georgia Power Company
Subject to the terms and provisions of O.C.G.A. § 46-3-50 et seq. (The Georgia Cogeneration
and Distributed Generation Act of 2001) and the rules, regulations and tariffs of Georgia Power
Company (“Company”), the undersigned Provider herewith applies for metering and
interconnection service and the provision of a distributed generation energy supply to the
Company as follows:
Georgia Power Customer Information:
Provider’s Name (Should be the same as on the Georgia Power Account)
Project’s Service Address
Georgia Power Account Number
Provider’s Mailing Address
Contact Person, if different than account name Phone Number
E-mail Address Fax Number
Network Underground Customer? Yes* No
*If yes, contact the Georgia Power Distributed Generation Project Manager at GPCGoRenew@southernco.com before completing.
Installer Information:
Name Phone Number
Address
Installation Company
E-mail Address Fax Number
Distributed Generation Service Agreement Page 2 of 4
Revised December 28, 2015
GENERATOR INFORMATION
The Provider or Provider’s designated representative shall supply the following information. All
applicable items must be completed in order that the Company may review the Provider’s
generating facilities for interconnection with the Company’s distribution system. It is the
Provider’s responsibility to construct and maintain an interconnected generator that meets safety,
power quality, and interconnection requirements as specified in the Southern Company
document entitled “Parallel Operation of Generation on the Distribution System”.
Manufacturer & Model Number
Type (Wind-Turbine, Photovoltaic, or Fuel cell, etc.):
DC (Nameplate) Kilowatt (kW) Rating:
Kilovolt-Ampere (kVA) Rating:
Voltage Rating: Ampere Rating:
Number of Phases: Frequency:
Is this an induction generator? Yes No
If yes, reactive power (in VARs) required is_____________ at no load and at full
load.
Do you plan to export power? Yes No
If yes, annual energy amount Provider expects to export (kWh): __________
Expected Start-up Date: ____/____/______
Is the normal operation of this generator intended to provide power to meet base load, demand
management, standby, back-up, or other? (Please describe):
Is the required one line diagram attached? Yes No
If no, please explain:
Is the list of specifications on protective devices attached? Yes No
Is the layout sketch showing lockable, “visible” disconnect device attached? Yes No
Distributed Generation Service Agreement Page 3 of 4
Revised December 28, 2015
METERING, INTERCONNECTION, AND BILLING INFORMATION
Terms and conditions of Renewable and Nonrenewable Resources Tariff (RNR-8) (or its
successor) as approved by the Georgia Public Service Commission (GPSC) are incorporated by
reference in this document. Company reserves the right to modify this agreement during its term
based upon modification of RNR-8 (or its successor) terms and conditions as approved by the
GPSC.
The Single Directional Metering Option requires two (2) meters and is only available for solar
photovoltaic facilities. All of the solar energy produced is measured through the additional meter
and purchased by the Company according to RNR-8 (or its successor). The Bi-directional
Metering Option requires one (1) meter capable of measuring electricity flow in both directions
and is available to all technologies, including solar.
Company agrees to compensate Provider for energy deliveries according to the “Payment for
Energy” section of RNR-8 (or its successor). Purchases under the Bi-directional Metering Option
are only for the energy generated by the Provider, and the Provider retains environmental
attributes. Purchases under the Single Directional Metering Option, for contracts executed before
January 1, 2011, include any environmental attributes, however denominated, including all
benefits and entitlements in addition to the electrical output. Purchases under the Single
Directional Metering Option, for contracts executed after January 1, 2011, do not include any
environmental attributes and the energy shall be purchased at avoided cost pricing. Such
compensation may increase and/or decrease during the contract term according to current GPSC
policy.
Provider selects the following metering option: Single Bi-directional
Provider’s equipment shall be engineered, designed, installed, maintained and operated by
Provider at Provider’s own expense. Provider shall provide all equipment necessary to meet
applicable safety, power quality and interconnection requirements established, from time to time,
by the National Electrical Code, National Electric Safety Code, the Institute of Electrical and
Electronic Engineers and Underwriters Laboratories. Provider shall comply with the
requirements for parallel operation as established in the latest edition of Southern Company
Parallel Operation of Generation on the Distribution System document. Copies of such
requirements and O.C.G.A. § 46-3-50 et seq. are available from the Company.
Company agrees to provide interconnection and metering capability at the above listed service
address at Provider’s expense. In addition to any initial interconnection and metering installation
costs, the Provider is also responsible for all monthly and on-going operation and maintenance
costs. Based on existing facilities and project scope, Company reserves the right to require that
Provider execute the Company’s Interconnection Agreement if Provider’s generator
interconnection requires Company facilities other than a meter.
Provider shall pay a monthly metering service charge as specified in RNR-8 (or its successor).
Charges shall be payable for the term of this agreement regardless of sales to the Company by
Provider. This service charge may be updated from time to time by the Georgia Public Service
Commission.
Distributed Generation Service Agreement Page 4 of 4
Revised December 28, 2015
Measuring energy flows shall meet the requirements of O.C.G.A. § 46-3-55. Where such
measurement shows generation by the Provider for which a credit or payment shall be made, the
terms and conditions of RNR-8 (or its successor) will govern compensation to the Provider.
Company shall have the right, but not the obligation, to inspect from time to time the portions of
Provider’s facility that interconnect or relate to the safety of the provision of energy to Company.
Company reserves the right to disconnect Provider’s equipment from Company lines and
facilities when in Company’s judgment continued parallel operation is unsafe or may cause
damage to persons or property. Provider’s equipment shall also be disconnected if Provider fails
to comply with Company’s parallel operation requirements. Upon such separation, Company
shall promptly notify Provider so that any unsafe condition can be corrected.
Unless terminated for default in the performance of the obligations hereunder, this agreement is
for a term of five (5) years. In the event of an early termination or default by Provider, Provider
shall pay the unpaid metering charges for the entire term. Notices hereunder shall be effective
upon posting to the addresses stated hereon.
Provider represents that any sales to Georgia Power pursuant to this Agreement shall be deemed
to be in accordance with the obligations of Georgia Power and the Georgia Public Service
Commission pursuant to Section 210 of PURPA, 16 U.S.C. § 824a-3 and the GPSC’s orders
thereunder.
PROVIDER
Name (Please print):
Signature:
Date:
GEORGIA POWER COMPANY
By:
Title:
Acceptance Date:
CONTRACT
Agreement made this day March 14, 2019 , by and between Falcon
Fireworks,
Whose address is 3411 Courthouse Road, Guyton, GA 31312, and:
(herein after “sponsor”).
The city of Tybee Island
P.O. Box 2749
403 Butler Avenue
Tybee Island, GA 31328
Whereas, Falcon Fireworks sells fireworks and conducts exhibitions of it’s
products; and Whereas, sponsor wishes to purchase fireworks from Falcon
fireworks and Falcon Fireworks wishes to sell fireworks to sponsor. Whereas
sponsor wishes to retain the services of Falcon Fireworks as sole fireworks
supplier and producer to conduct an exhibition of the fireworks purchased from
Falcon Fireworks; Now therefore, in consideration of the terms, conditions and
covenants hereinafter set forth, the parties hereto do mutually agree as follows:
1. Date and Location: Falcon fireworks shall sell and sponsor shall purchase
the fireworks as set forth on the proposal previously submitted and made a
part hereof (“Firework”) for delivery by Falcon Fireworks on 7-04-19
to the following location:The Chatham County Pier____
2. Exhibition: On the delivery date specified in Paragraph 1, Falcon
Fireworks shall set-up, staff and conduct an exhibition of the fireworks at
the exhibition location. The display will be under the direct supervision of
a Falcon Fireworks trained technician. It is agreed that Falcon Fireworks
shall be the sole fireworks supplier and producer for the event contracted
for herein.
3. Cost and Payments: A. Sale price for fireworks, including delivery to
exhibition location: B. Service price for exhibition, including insurance,
display service and transportation:
Total Agreement Price $19,999.00 .
The total sum of $19,999.00 shall be due and payable as
follows:
a. The sum of $10,000.00 upon execution and delivery of this
contract.
b. The balance of the total sales $9,999.00 which includes
$185.00 For Probate permits and fees that are applied to this sale
shall not be paid later than the day of the exhibition. It is
acceptable for the sponsor to pay the lead technician at the display
site, after the exhibition.
4. Inclement Weather: If the delivery and/or exhibition of the
fireworks is postponed by reason of inclement weather, same shall
rescheduled to the Inclement Weather date set forth below, in which event
a rescheduling charge in the amount equal to 15% of the contract price
shall be added to the balance due to cover additional expenses incurred by
Falcon Fireworks. Any request made by the sponsor for rescheduling shall
be received by Falcon Fireworks not later than 9:00AM on the fireworks
delivery date. Inclement Weather Date N/A .
5. Sponsor’s Agent: Shawn Gillen shall be designated as sponsor’s
agent,. Sponsor’s agent shall relay all questions and inquires. Sponsor’s
agent shall be the only agent of sponsor authorized to request rescheduling
of the delivery and exhibition of the fireworks on the part of the sponsor.
6. Materials and Delivery: Falcon Fireworks shall deliver all fireworks
materials purchased by sponsor to the display site only.
7. Security: Sponsor shall provide and maintain before, during, and after
the exhibition, until the pyrotechnician in charge declares the area clear,
security lines, police protection, snow fencing, rope barricades and lines as
deemed necessary by the local government or as deemed necessary by
Falcon Fireworks. Sponsor shall also provide an area clear of any
buildings, cars, and spectators with a minimum radius of 450 feet (as
specified by NFPA code 1123) as a Fire Safety Zone (FSZ) during the
entire period commencing from the time the fireworks are delivered to the
site until after the exhibition. Falcon Fireworks shall not be responsible for
personal injury, vehicle or property damage occurring within the FSZ as a
result of the failure of the sponsor to maintain the afore mentioned FSZ.
Sponsor acknowledges and agrees that Falcon Fireworks responsibilities
are limited to the sale and exhibition of the fireworks and that Falcon
Fireworks is relying on the sponsor to maintain the afore mentioned FSZ
and to comply with all Federal, State, Municipal and local laws, orders,
regulations and ordinances pertaining to the implementation of security
measures at the site of the exhibition of fireworks.
8. Credits: As a material inducement to Falcon Fireworks agreeing to enter
in to this agreement, sponsor shall give Falcon Fireworks program credit
as sole fireworks supplier and producer in all press releases, advertising,
and any other program announcements, printed or otherwise.
9. Inability to Deliver or Conduct Exhibition: If Falcon Fireworks
shall be unable to deliver all or any part of the fireworks contracted here
under at the time specified in or shall be unable to conduct the exhibition
of the fireworks (if applicable) due to public emergency or necessity, legal
restrictions, labor disputes, strikes, boycotts, acts of God (weather or not
such acts of God have occurred frequently or habitually or are of a
common or seasonal occurrence in the locality of such exhibition) or for
any other reason beyond Falcon Fireworks’ control, Falcon Fireworks
shall be entitled to the full contract price (100%).
10. Temporary Discontinuance During Exhibition: Any temporary
discontinuance during the discharge of fireworks shall not constitute a
breach by Falcon Fireworks of the terms of this contract.
11. Contract Subject to Government Regulation: This contract and
Falcon Fireworks obligation her under are subject to all governing
Federal, State, Municipal, and local laws, rules, ordinances, codes, and
regulations, now or hereinafter in effect, and to the conditions and
limitations contained in the permits required to be obtained by sponsor
prior to the delivery and exhibition of the fireworks. In the event any
Federal, State, Municipal, and local laws, rules, regulation or ordinance
shall be enacted which in any way prohibits, limits, or restricts the sale,
performance or operation of the exhibition of the fireworks described
herein or in the event sponsor’s permit in any way limits or restricts the
sale, performance, or operation of said exhibition, Falcon Fireworks shall
limit or restrict its performance or exhibition of the fireworks and or
substitute such equivalent fireworks so as to comply with such law, rule,
regulation or ordinance of sponsor’s permit. Sponsor acknowledges any
such limit or restriction placed on the performance or operation of the
fireworks exhibition, or any substitution of different fireworks by Falcon
Fireworks shall in no way result in or entitle sponsor to a reduction or an
abatement in the full contract price.
12. General Provisions: Falcon Fireworks shall not be liable for weather
or atmospheric conditions in which interfere with or delay the
performance or aesthetic quality of the fireworks. This agreement
constitutes the entire agreement between the parties relating to the subject
matter thereof, and may not be changed, modified, renewed, or extended
except by a written agreement signed by both parties, sponsor
acknowledges and agrees that Falcon Fireworks has not made an y
representations or warranties except other than those set forth specifically
in this contract. Sponsor will be responsible for the payment of all
governmental fees and taxes, including but not limited to sales, use,
excise, license, permit, entertainment. And other fees, taxes or surcharges
imposed or otherwise applied to this exhibition. Should any clause,
section, or part of this agreement be held or declared to be void or illegal
for any reason, all other clauses, sections, or parts of this agreement which
can be effected without such illegal clause, section or part shall never the
less continue in full force. Sponsor is responsible for removal of all debris
associated with the fireworks. Once the contract is signed and the program
is then cancelled by the sponsor for any reason other than inclement
weather, the full contract price of the program (100%) shall be due and
payable immediately, however, a credit allowance will be made for up to
one year to allow rescheduling of event by sponsor. Falcon Fireworks
agrees to procure liability insurance and to indemnify sponsor, to the
extent thereof, for all claims arising out of Falcon Fireworks negligence.
13. Sponsor’s Default: In the event sponsor shall fail to pay any sum when
due under the terms of this contract, sponsor shall pay in addition to such
amount, interest at a rate of 1.5% per month on the unpaid amount from
the original due date. Sponsor does further agree that it shall pay Falcon
Fireworks’ reasonable attorney fees and court costs in the event Falcon
Fireworks shall commence suit or incur fees to compel sponsor to pay any
sums due her under or otherwise as a result of sponsor’s default of any of
the terms and provisions herein contained.
14. Liquidated Damages: It is agreed by and between the parties hereto
that in the event of the sponsor’s default hereunder, Falcon Fireworks’
damage s shall be impossible to fix. Accordingly as a material inducement
to Falcon Fireworks in agreeing to enter into this agreement, Sponsor
agrees in the event of its default at the option of Falcon Fireworks the
entire purchase price shall be and become immediately due and payable.
15. Substitutions: Falcon Fireworks shall have the right at its discretion to
substitute any fireworks it deems necessary. Any substitutions shall in no
way result or entitle sponsor to a reduction or in abatement in the full
contract price.
16. Disputes: This agreement shall be interpreted in accordance with and of
the rights of the parties here to shall be determined by the laws of the state
of Georgia. Any and all disputes, controversies, actions, claims, or
proceedings arising under, out of, or in connection with or relating to the
terms of this contract shall be commenced and maintained solely in the
state of Georgia, and by signing of this contract all parties submit to the
jurisdiction of the courts of the state of Georgia.
17. Binding Effect: This contract shall not be binding on Falcon Fireworks
until executed by sponsor and Falcon Fireworks and Falcon Fireworks is
in receipt of the deposit required hereunder.
18. Contract Length: This contract is 5 pages long and sponsor’s
agent shall be aware of such.
Sponsor’s Authorized Agent
Print Name
Title
Falcon Fireworks Representative
ALICMEAH.YEHSSU REG OIGA
CONTRACT
This CONTRACT is being entered into as of __________________, 2019 between Penn Credit Corporation,
(hereinafter referred to as PCC), and the City of Tybee Island, GA Municipal Court (hereinafter referred to as
CLIENT).
PCC and CLIENT therefore agree that the following shall constitute the service conditions between PCC and
CLIENT applicable to this engagement:
1. Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual
capacity and not as an employee, partner, joint venture, or associate of the other party. An employee of one
party shall not be an employee or agency of the other party for any reason whatsoever.
2. Agent Relations: The CLIENT agrees to employ PCC to investigate, communicate, and to take any and
all reasonable and legal collection steps. All collection steps taken by PCC in the collection of assigned
accounts will be in accordance with applicable federal, state and local laws, including Georgia statute § 15-21-
12 and the procedures of ACA International, of which PCC shall remain a member in good standing.
3. Right of Endorsement: The CLIENT grants and conveys to PCC the right of endorsement in clearing
drafts, checks and notes for collection applicable to this Contract.
4. Releases and Return of Accounts: PCC agrees to release and return specified accounts assigned and in
process of collection within thirty (30) days of the receipt of a written request from the CLIENT or by any
other date specified herein. Those accounts on which payment has been made within ninety (90) days prior
to the written notice or is anticipated to have additional payments within one hundred eighty (180) days will
remain with PCC for collection. All accounts returned will be listed in alphabetical order along with the
current balance of each account.
5. Payment to Client (Member Payments): The CLIENT agrees to promptly report all payments,
bankruptcy notices, and any and all communications from the debtor and/or third party corresponding to all
accounts placed.
6. Accountings: PCC agrees to report and pay to the CLIENT, net proceeds of all collections after the
commission fee has been subtracted on a weekly basis; and the CLIENT will remit to PCC any proceeds
due based on its collection efforts within thirty (30) days of billing. The CLIENT will be charged full
commissions on any payments received by either PCC or CLIENT on/after the date accounts are placed
with PCC. Said payment and reports will be submitted by PCC to CLIENT no later than the 20th day
following the end of the calendar month.
7. Confidential Information: Both Parties (“Discloser”) will be supplying to the other (the “Recipient”),
directly and/or indirectly, confidential information as relates to the method of its operations, which is
proprietary to and solely owned by the respective party. Both parties agree during the term of the Contract
and thereafter for the indefinite future, that the Recipient will not, without the express written consent of
discloser, utilize or disclose any such information to any third party, except as necessary to fulfill the terms of
this Contract.
8. FTC Red Flag Rules: PCC shall maintain an Identity Theft Prevention Program in accordance with 16
C.F.R. Part 681 FTC Red Flag Rules throughout the life of the contract.
9. Term of Contract: This Contract is continuing and will remain in effect until terminated by either party.
Under such circumstances, the terminating party shall provide the other party sixty (60) days written notice,
unless the parties shall mutually agree to terminate the Contract, at which time the Contract may be
terminated immediately. PCC will be entitled to compensation on collections which occur for up to sixty (60)
days after the termination date.
10. Contingency Commission Fee: PCC shall be entitled to a forty percent (40%) collection fee which will
be added to the balance due the CLIENT.
11. Assignment and Subleasing: PCC shall not have the right to assign this Contract or sell, transfer or sublet
any portion thereof without the express written consent of CLIENT; said consent of the CLIENT
however shall not release or discharge PCC from any obligations hereunder.
12. Effect of Partial Invalidity: The invalidity of any part of this Contract will not and shall not be deemed to
affect the validity of any other part. In the event that any provision of this is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed
by both parties subsequent to the expungement of the invalid provision.
13. Waiver: Waiver by CLIENT of any breach of any covenant or duty of PCC under this Contract is not a
waiver of a breach of any other covenant or duty of PCC, or of any subsequent breach of the same covenant
or duty. Any waiver by CLIENT must be in writing to constitute a waiver.
14. Jurisdiction: This Contract shall be governed by the laws of the State of Georgia, and the sole and exclusive
venue for any disputes arising out of this Contract shall be the municipal court located within the City of
Tybee Island, Georgia.
15. Miscellaneous:
a. This Contract and each and every one of the terms and provisions thereof shall be for the benefit of
and be binding upon the parties hereto and each of them and their respective heirs, executors,
administrators, grantees, successors and assigns.
b. This Contract contains the entire understanding between the parties hereto and supersedes any and
all prior contracts, undertakings and arrangements between the parties relating to the subject matter
hereof. All amendments, changes, modifications or alterations of the terms and conditions hereof
shall be in writing and signed by all parties hereto.
c. The captions of the Contract are used for convenience of reference only and shall have no
significance in construing the text of the Contract.
16. Notices: All notices provided for in this Contract shall be made in writing and shall be transmitted to the
proper Authorized Representative and address shown below, unless advance written notice is provided to the
other party notifying them that either the name of their designated Authorized Representative and/or
his/her address has been changed. Proper notice shall be deemed given when it is either:
a. Hand delivered to the Authorized Representative to whom the notice is addressed and a signed
receipt is given, or
b. Mailed by United States Post Office Registered Mail, Return Receipt Requested, with postage
prepaid to the Authorized Representative at the address shown below:
PCC: Client:
17. Mutual Agreement: In witness whereof, the respective parties hereto and their Authorized Representatives
have mutually agreed to the provisions of this Contract as indicated below:
For: Penn Credit Corporation
Authorized Representative, Title: Thomas F. Foley , Jr., COO
_______________________________________ _________________________
Signature Date
For: City of Tybee Island, GA
Jason Buelterman, Mayor
____________________________________ _________________________
Signature Date
Kim Hallstein, Court Director
City of Tybee Island, GA Police
Department/Municipal Court
78 Van Horn Avenue
Tybee Island, GA 31328
Thomas F. Foley, Jr. COO
Penn Credit Corporation
2800 Commerce Drive
Harrisburg, PA 17110
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 Metalcraft for $3,840 to remove and
dispose of the existing gutter and downspouts on the gymnasium roof.
Explanation: The purpose of this agenda items it to obtain the City Council’s approval for a change order of $3,840 with
Metalcrafts Company. Metalcraft Company has the contract to repair the gymnasium roof. The current contract does not
include the cost to remove and dispose of the existing gutter and downspouts. The company has submitted a change order for
$3,840 to perform that work.
Budget: The cost of the change order contract will be charged to Building Maintanice Division’s, line item
100.1565.54.1315, Building Improvement.
Paper Work: ____X_ Attached*
Already Distributed
______ To Be Handed Out at Council Meeting (by Requester)
______ Audio/Video Presentation**
Submitted by: Angela Hudson, Finance Director for Danny Carpenter, Public Works Manager
Phone / Email: (912) 472-5021/ahudson@cityof tybee.org
Comments: ________________________________________________________________________________
March 12, 2019
Date given to Clerk of Council
PHONE 912‐236‐0615 Page No.
FAX 912‐233‐3284 of Pages
PHYSICAL ADDRESS:BILLING ADDRESS:
4522 OGEECHEE ROAD 7340 MONTEVIDEO DR.
SAVANNAH, GA 31402 JESSUP, MD 20794
DATE:
NAME: RE:
ADDRESS:
ATTN:
We hereby propose to perform the following:
We hereby propose to furnish labor and materials ‐ complete in accordance with the above specifications, for the sum of:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any
alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra
charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry
fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.
Authorized Signature
NOTE: This proposal may be withdrawn by us if not accepted within 30 days.
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above.
Accepted:Signature
Date Signature
Acceptance of Proposal
PROPOSAL
PROPOSAL SUBMITTED TO:
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March 12, 2019
City of Tybee Island Request C.O., #1:
403 Butler Ave. Replace Gutter and Downspouts
Tybee Island, GA 31328
Mr. Daniel Carpenter
1. Provide all labor, materials, equipment, and hoisting necessary to complete this scope of work.
2. Remove and dispose of existing gutter and downspouts, at the roof area being recovered.
3. Fabricate and install, from 24 gauge Bone White in color, new sheet metal gutter and downspout
assemblies.
Thee Thousand, Eight Hundred, and Forty Dollars ($3,840.00)
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
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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: ______
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ENACTED:
572.001.Ordin 2018//16-2018 noise 07.02.18
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.
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(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
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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
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