HomeMy Public PortalAbout20190808Packet.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
August 08, 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
Pledge of Allegiance
Invocation: Rev June Johnson
Recognitions and Proclamations
1. Certificate of Appreciation: Amy Lanier
2. Certificates of Appreciation: US Coast Guard
3. Appreciation and Promotion: Tybee Island Police Department
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
4. Minutes, City Council Meeting, July 11, 2019
Consideration of Boards, Commissions and Committee Appointments
5. Appointment to Development Authority/Main Street Board: Crystal Travaille, Tybee
Cottage Art Gallery
6. Appointment to Tybee Island Historic Preservation Commission: Anthony Turpin
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Consideration of Approval of Consent Agenda
Public Hearings
7. Site Plan approval/Special review: modular building added to the lot – 714 Lovell Avenue
–Zone R-2 – 40005-19001 – Tybee Island Charter School dba Tybee Island Maritime
Academy.
8. PLANNING COMMISSION MINUTES 7-15-2019
9. PLANNING COMMISSION MINUTES 7-23-2019
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
10. Agenda Request: Special Event-Beer & Wine-Tybee Festival Association / Tybee Pirate
Fest, Sixteenth Street Parking Lot, October 11, 12, and 13, 2019
11. Special Events Application Resolution to Designate 2019 Pirates Fest Dates and Festival
Control Zone
Consideration of Bids, Contracts, Agreements and Expenditures
12. The purpose of this agenda item is seek the City Council’s approval to amendment the
General Fund fiscal year 2019-2020 operating and capital budget by increasing the
budget from $14,329,161 to $14,490,161, a net increase of $161,000; and to transfer
$45,000 from the Public Works Administration budget to the Public Works Fleet
Management budget.
13. The Finance Department is seeking the City Council’s approval to multiple request for
out of state travel for fiscal year 2020 for the Purchasing Administrator and Director of
Finance and General Administration to attend a Public Procurement training offered by
the National Institute for Public Procurement from August 22, 2019 to February 8, 2020
in preparation for the Certified Public Procurement Officer and Certified Professional
Public Buyer exams.
14. The purpose of this agenda item is to seek the City Council's approval to surplus and
dispose of 23 Police Department vehicles by trading them to Enterprise Fleet
Management Company as a trade for the 16 vehicles that the City is leasing from
Enterprise Leasing Company for three years.
Consideration of Ordinances, Resolutions
15. First Reading, 12-2019, Article IV, Chapter 58-108, Revise the Room Excise Tax at the
Rate of 7% to Provide for Distribution of Tourism Product Development by Resolution, to
Establish an Effective Date
Council, Officials and City Attorney Considerations and Comments
16. Bubba Hughes: MOU, Tybee Island Maritime Academy
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
17. Bubba Hughes: Indigent Services Agreement
18. Barry Brown: Salary Increase, Angela Hudson, Finance Director
19. Barry Brown: STVR, Pool Regulations
20. Barry Brown: Tybee Island Police Department Salary
21. Julie Livingston: Beach Equipment Rental Business (change of ordinance)
22. Shirley Sessions, City Hall Auditorium and Office Space
23. Jason Buelterman: Census 2020
24. Shawn Gillen: Reserving Pumps for Lift Stations
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable
accommodations for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
4. Minutes, City Council Meeting, July 11, 2019
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City Council Minutes, July 11, 2019
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on July 11, 2019. Those
present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown and
Shirley Sessions. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City
Attorney; Tracy O’Connell; George Shaw, Director, Community Development; and Janet
LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
Minutes, City Council Meeting, June 13, 2019
Minutes, First Reading, Millage, June 20, 2019
Minutes, Second Reading, Millage, June 20, 2019
Minutes, City Council Meeting June 27, 2019
Approval of Equality Fest Parade 8-24-19
Taco Aloha, LLC dba Chamacos Tacos & Surf: Alcohol and Entertainment License
Request- Liquor/Beer/Wine/Sunday Sales, 1311 Butler Ave
Contract, Replacement of DPW Roof, Delta Metals, $29,000
Resolution: Tybee Road Scenic
Resolution: Marsh Hen Trail
Resolution: Suspending Special Review and Fees for Dune Crossover Improvements.
Mayor Buelterman asked Mr. Hughes to add language for clarification: “special review
and all fees for dune crossover improvements”. Mr. Hughes confirmed.
Resolution: Distribution of the Tourism Product Development Portion of the Hotel/Motel
Tax as Authorized by House Bill 591
Shawn Gillen: Confirmation of Peter Gulbronson, City Engineer. Dr. Gillen stated in
the packet before Mayor and Council is the Offer Letter and Executive Summary for Mr.
Gulbronson who will be the new City Engineer and Director of Infrastructure.
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
Pledge of Allegiance
Jan LeViner, Clerk, asked Councilwoman Doyle to approach Mayor and Council. Ms. Doyle
introduced Senator Ben Watson who in turn asked Mayor Buelterman to come to the podium.
Senator Watson stated Mayor Buelterman was nominated for an award for perseverance and it
was awarded. Senator Watson read from the Nomination Letter which outlined Mayor
Buelterman’s efforts that led Tybee Island through the recovery process from Hurricane
Matthew. Mayor Buelterman thanked Senator Watson for the presentation and stated that he
accepted the award on behalf of Council and Staff as everyone works as a team.
Reports of Staff
Alan Robertson approached Mayor and Council to give an updated on the applications for a
National Fish and Wildlife Foundation Grant. They are running a $29M Coastal Resilience
Program and the City submitted a pre-proposal and it was accepted. The next step is to submit
a full proposal. The City is asking for a grant in the amount of $125,000 to do a study of the
Back River. With this Study they will look at how to minimize risk of flooding on the Back River
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associated with high tides and storms and increase the habitat. The City should know in
November if we have be awarded the Grant. Mayor Buelterman thanked Mr. Robertson.
Alan Robertson then gave an update on the Dune Restoration Project. He stated the City
Administrator from Edisto Beach visited the beach to learn how the City is building dunes. Mr.
Robertson outlined events of the coming months which includes visits from NOAA and other
organizations. He has also been asked to speak at the annual meeting of the American Shore
and Beach Preservation Association. Mayor Buelterman asked Mr. Robertson when the bid
opening is for the re-nourishment. He responded, August with a start date of November 2019.
Mayor Buelterman thanked Mr. Robertson for all his hard work.
Citizens to be Heard
Kathryn Williams approached Mayor and Council to speak on the Humane Society for
Greater Savannah to promote the Tybee Prom, July 27, 2019. Ms. Williams thanked
everyone for their support with the upcoming Tybee Prom.
Nicholas Smilek approached Mayor and Council to speak to the Beach Rules enforcement
and protocol for violators. Mr. Smilek asked for clarification when reporting violations. Dr.
Gillen responded a flyer has been created and is being placed in all hotels and short term
rentals to make their guests aware of the rules and protocols. Ms. Doyle recommended Mr.
Smilek meet with the City Manager to discuss his concerns. Dr. Gillen then touched on rules
with service dogs as Mr. Smilek had questions. Mayor Buelterman thanked Mr. Smilek for his
comments and concerns.
Mack Kitchens approached Mayor and Council to discuss Short Term Vacation Rentals.
Mr. Kitchens expressed his concerns with the short term vacation rentals and the lack of
enforcement of the ordinances regarding noise and overall behavior of their guests. Mayor
Buelterman thanked Mr. Kitchens for his comments.
Tom Mahoney approached Mayor and Council on behalf of Burke’s Beach Rental, a local
Tybee family owned beach rental business. Mr. Mahoney stated the Burke’s have four of the
nine beach rental businesses on the Island. They are willing to work with Tybee if the
ordinance is to be changed to share decades of information. Mr. Mahoney stated if anyone
including Mayor and Council have questions, to please contract himself or the Burkes.
Amy Gaster approached Mayor and Council to speak on Short Term Vacation Rentals. Ms.
Gaster stated not only herself but others in the management business are working together to
manager the visitors in the best way they can. A positive relationship is in place not only with
the elected officials, Staff but with the community to enforce the ordinances. Ms. Gaster stated
Tybee Island was founded as a vacation destination and it has grown through the hospitality of
the residents. She is happy to discuss and concerns. Mayor Buelterman thanked Ms. Gaster.
Keith Gay approached Mayor and Council to speak on Short Term Vacation Rentals. Mr.
Gay stated everyone is working toward the same goal. Enjoyment in their lifestyle and where
we live. A nuisance ordinance was created which will accommodate the concerns of everyone
and generally speaking the guests come to the City to enjoy the Island and to be a part of the
community. Mayor Buelterman thanked Mr. Gay.
Henry Morgan approached Mayor and Council to speak on Short Term Vacation Rentals.
Mr. Morgan stated he has owned a short term vacation rental for over six years and he provides
a win-win service. He encourages all his neighbors if there is a problem with one of his guests,
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to contract him immediately so the problem can be addressed. Mayor Buelterman thanked Mr.
Morgan.
Kathryn Andrews approached Mayor and Council to speak on Short Term Vacation
Rentals. Ms. Andrews stated she and her family own two short term vacation rentals. With
these rentals she has a professional vacation management company as it is important to the
peace of the neighborhood to include friendships with the neighbors in the community. As a
homeowner, she cares about the community and wants to be a part of it. She also does not
agree that the problems are solely those of short term vacation rentals as it could be anyone on
the Island. Mayor Buelterman thanked Ms. Andrews.
Frank Kelly approached Mayor and Council to speak on Short Term Vacation Rentals. Mr.
Kelly expressed his concerns with the short terms rentals not having smoke detectors, fire
extinguishers, CO2 detectors and first aid kits. If all rentals had these detectors the fire rating
could go down. Mayor Buelterman thanked Mr. Kelly.
Matt Toole approached Mayor and Council to speak on Short Term Vacation Rental. As an
owner of several short term rentals he has Ms. Gastor managing the property and he is
advocating for short term vacation rentals. Mayor Buelterman thanked Mr. Toole.
Walt Freeman approached Mayor and Council to speak on Short Term Vacation Rentals.
Mr. Freeman spoke to communities that have ban short term vacation rentals and the issues
that have followed. Mayor Buelterman thanked Mr. Freeman for his comments. Mr. Parks
stated he also attended the meetings held by the City of Savannah regarding short term
vacation rentals and their policy is to have each property display their license number not only
on the property but also on their advertisements. He recommended this be done at Tybee also
as it may be a way to ensure all rentals are in compliance. Mayor Buelterman thanked Mr.
Freeman for his comments.
Jennifer Fountain approached Mayor and Council to speak on Short Term Vacation
Rentals. As a real estate agent Ms. Fountain stated not everyone buying property on Tybee
Island is doing it for a profit but many are for retirement homes. Mayor Buelterman thanked
Ms. Fountain for her comments.
Wanda Doyle made a motion to approve the consent agenda. John Branigin seconded.
Vote was unanimous, 6-0.
Council, Officials and City Attorney Considerations and Comments
Bubba Hughes stated this is a request from Crista Rader to purchase a part of the r -o-w on
Lullwater Road. Mr. Hughes did research on why the road had stopped as it was not clear to
him. Department Heads have commented as to their recommendations as to whether Mayor
and Council should move forward with the process. Mr. Kitchens approached Mayor and
Council at Mr. Hughes request. It is his understanding the goal is to acquire enough sq ft in
order to build a duplex on the property. Mr. Kitchens confirmed and stated Ms. Rader needs an
additional 900 sq ft in order to build a duplex. A discussion ensure regarding the possible road
through the property being open or closed. Mayor pro tem Brown stated the road has been
opened for years as the residents use the road to go to the north end of the Island. Ms.
Livingston stated she walked the property and in order to get to Naylor, you have to go through
Ms. Rader’s property. There is also a utility easement on the property. Ms. Doyle confirmed
there is a utility easement going through the property. Mr. Kitchens stated he had the property
surveyed to mark the utilities. Mr. Hughes recommended he meet with Mr. Kitchens and Mr.
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Carpenter to walk the property to look at Lullwater and to see if they can get the sq ft needed
so Ms. Rader can build a duplex.
John Branigin gave a brief update on the recent meeting regarding Golf Carts. Mr. Branigin
stated it was more of a working meeting. He feels the problem is people feel golf carts are
toys. After speaking with Chief Bryson they are going to look at the feasibility of increasing the
frequency of required golf cart inspections. Currently they are only inspected when registered.
It is his preference it be done annually. Another option would be to have the owner present
their insurance coverage at the time they obtain a parking sticker. Mr. Branigin stated another
discussion included the individuals that own golf carts living on the east side of Butler Avenue
as there are only three permitted areas golf carts can cross Butler Avenue. He asked the public
to report any violations they might see regarding golf carts. By doing this, it will assist the
Tybee Island Police Department. Mayor Buelterman thanked Mr. Branigin. Ms. Doyle stated
the Public Safety Committee will discuss at their next meeting and at some point bring
recommendations back to Mayor and Council. Mayor pro tem Brown recommended the
registration fee for golf carts be raised from $15.00 to $50.00 to cover the man-hours of the
police officers that inspect the carts. Mr. Hughes stated he will review the laws as to the
charges that can be assessed as he feels there is a cap. Ms. Doyle thanked Mr. Hughes. Ms.
Sessions asked if golf cart owners have to pay the same amount for parking decals as they
would for a vehicle. Dr. Gillen stated a resident received $100 off the decal for a golf cart
where a vehicle is complimentary. Ms. Livingston confirmed for a business it is $150.00. Mayor
Buelterman asked Dr. Gillen to contact Chief Bryson regarding the number of citations issued
for underage people and those without a license driving golf carts and bring back to Mayor and
Council. He also asked the penalty. Dr. Gillen acknowledged.
Mr. Hughes requested that any communications received in the Clerk’s Office regarding
agenda items be attached to the minutes for the record. Mayor Buelterman confirmed.
Wanda Doyle expressed her concerns with the Parking, Solomon/Van Horn at Meddin as
it seems beach goers are parking in that area. She stated this area is used for residents such
as Abby Burke to get in and out of her driveway. Ms. Doyle recommended that area continue
to be used as green space and possibly plant trees there along with non-parking signs. Ms.
Livingston recommended trees not be planted to the east of the Guard House as it is used for
parking when there is a large event. Mayor pro tem Brown recommended putting no parking
signs in the area. Mayor Buelterman stated he is in favor of planting trees as it helps with
drainage and green space. There was a brief discussion regarding parking at the Light House.
Mr. Hughes stated it was his understanding they were going to apply for a private parking and
the spaces were not required to be delineated. When the obligations to mark the parking
spaces they decided not to proceed. Ms. Doyle asked Dr. Gillen to check with the Historical
Society regarding a parking lot. Wanda Doyle made a motion to make decal parking only in
the Solomon/Van Horn green space and to contact Savannah Tree Foundation for assistance in
planting trees. Shirley Sessions seconded. DISCUSSION: Mr. Parks expressed his
concerns with the overflow parking from the Guard House and Jaycee Park in that area. Ms.
Doyle stated with the way the trees are planted, people can park. Mr. Parks stated he will vote
in favor of the motion if it is accompanied by a sketch at some future date that you supply to
them that shows how they do this. Mayor Buelterman asked Ms. Doyle to amend her motion by
removing reference to the planting of the trees. He then asked Ms. Sessions to accept the
amendment. Ms. Doyle concurred as did Ms. Sessions. He then stated he will contact
Savannah Tree Foundation to develop a plan for planting. Ms. Doyle concurred. Vote was
unanimous to approve, 6-0.
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Wanda Doyle stated there was an agreement with Environmental Services in the past in
regards to monitoring sand fencing and vegetation placed on the beach by the Beach Task
Force. The attached Proposal is for $3,500 which will continue the monitoring for an additional
year. Ms. Doyle stated there is money in the budget for this project. Mr. Parks asked
Environmental Services could give a report to Mayor and Council at an upcoming City Council
Meeting. Ms. Doyle confirmed.
Julie Livingston stated a meeting was held regarding City Procedures and Licensing as it
applies to Beach Rental Businesses. Her goal was to how to try and come up with a plan
moving forward. Ms. Livingston read from the questions she received from the attendees of the
meeting and shared the concerns of the current license holders. There are options: (1) leave
everything the way it is; (2) allow to remain the same but increase the number of locations; (3)
solicit bids on the current locations; and/or (4) solicit bids on the current locations and
additional locations. The questions remains if the City has jurisdiction. Mr. Hughes confirmed
the City does have jurisdiction and there is no State law requirement that this unique situation
have bidding. He continued, the City needs to continue to protect the public from someone
who is not capable of providing the service, not sufficient chairs and umbrellas. You need
qualified people to provide the service. Mr. Hughes stated the City of Tybee owns the beach
from the seawall to the mean high water level and has since the first re-nourishment in the
1970’s. This is between the two groins. Ms. Doyle expressed her concerns regarding the
meeting that was held as it was not her understanding as discussed at the previous City Council
Meeting. She recommended in the future, a motion be made so everyone is clear procedurally
how to move forward. Ms. Doyle stated the license holders are public servants as they pick up
trash, racking the wrack away from beach goers and give directions to visitors. She would like
to see City Manager, Staff and Ms. Livingston meet with the stakeholders, individually or
collectively, then make the decision on how to move forward. Ms. Livingston responded a
decision needs to be made on how to move forward. Ms. Session asked if the reasoning behind
these meetings if to (1) open this up for people to bid on and (2) concerned the City is not
receiving revenue other than that of the business license. She also believes the current license
holders should have first right of refusal on the current locations. Ms. Doyle stated she is not
opposed to looking at the ordinance and possible changes but not until Dr. Gillen, Ms.
Livingston and appropriate Staff meet with the stakeholders. She is not in favor of putting the
locations out to bid. Mayor Buelterman confirmed a meeting take place and bring
recommendations back to Mayor and Council. Ms. Livingston confirmed. Mr. Parks stated the
City can add weights factors when there is a Request for Proposal which includes public service,
etc. This levels the playing field for the current license holders. Mr. Branigin stated as long as
there is no proposed change to the ordinance this remains business as it is today. There needs
to be recommendations to the ordinance. Wanda Doyle made a motion that Dr. Gillen and
Staff to meet with the stakeholders before Mayor and Council move forward. Shirley
Sessions seconded. Discussion: Mr. Parks stated he would like surveys done. Ms. Doyle
responded the surveys are a good idea as well as his requested spreadsheet. Voting in favor
were Julie Livingston, John Branigin, Wanda Doyle and Barry Brown. Those voting against were
Monty Parks and Shirley Sessions. Motion to approve, 4-2. Discussion: Mr. Hughes stated it
might be hard to have a meeting where the stakeholders are expected to discuss their business.
He would recommend there be a meeting that does not involve elected officials. In this way
the stakeholders can protect their business matters. Mayor Buelterman clarified, there will
be a meeting held, no elected officials will be in attendance, Dr. Gillen will reach out to those
who are current license holders and meet. The meeting will be public. Monty Parks made a
motion to get a quote on surveying the areas on the beach. Barry Brown seconded.
Discussion: Mayor Buelterman asked Mr. Parks asked for clarification. Mr. Parks responded
he would like quotes from a qualified surveyors on defining and marking the boundaries of the
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properties that are currently held by license holders that are listed. Voting in favor were Julie
Livingston, Monty Parks, John Branigin, Wanda Doyle and Barry Brown. Voting against was
Shirley Sessions. Motion to approve, 5-1.
Monty Parks gave a brief update on the Recycling Project. Mr. Parks stated Mr. Lovato is very
excited about the project and has visited other recycling locations for ways to improve our
project. Mr. Parks showed several pictures depicting the recyclables that were collected and
stated he continues working closely with Tim Arnold. Ms. Livingston commended Mr. Parks for
his hard work on this project. Mr. Parks thanked Ms. Livingston. Ms. Doyle also commended
Mr. Parks for a job well done.
Monty Parks stated both showers are running and the 16th Street location is running on a 12
hour basis at approximately 6 gallons a minute, 24,000 in the last month. This is not taking
for the aquifer but from the shallow wells. Mr. Parks stated the City did get reimbursed
$30,000 by Chatham County for the wells. Mayor Buelterman congratulated Mr. Parks for a
great job.
George Shaw stated Home Business and Home Occupation are two ways a person can
run a business from the home. The home business does not require a public hearing as you
apply and granted a business license. With the Home Occupation, it does require a public
hearing process and with the proposed ordinance there will be a clearer definition. He asked
for recommendations from Mayor and Council in order to update the current ordinance. Mayor
Buelterman asked if the Planning Commission has reviewed the current ordinance. Mr. Shaw
responded it was their recommendation Mr. Shaw review and bring to Mayor and Council.
There was a brief discussion with the different types of businesses and their classification.
George Shaw stated City Hall is eligible for Historic Designation and he would
recommend moving forward with the designation. Shirley Sessions made a motion to move
forward with the process of having City Hall with the Historic Designation. Wanda Doyle
seconded. Vote was unanimous to approve, 6-0.
George Shaw gave an updated regarding Affordable Housing from the Planning
Commission. It is their recommendation this request goes against the Master Plan to allow for
multi-family in C-2 which currently is only allowed about commercial in C-2. The proposal as
presented by Mr. Crammer does not give a guarantee that the multi-family units would not
become short term rentals and if this happen it goes against the proposal for affordable
housing aspect. Planning Commission is not in favor of moving forward as presented. Ms.
Livingston stated if putting the affordable housing in the C-2 is cost prohibited as that is the
most expensive land on the Island. She would encourage mixed use as it is currently allowed.
Ms. Doyle stated she doesn’t feel the mixed use works on Tybee Island. She would like to look
at proposed affordable housing. Ms. Livingston feels mixed use works. Mayor pro tem Brown
would like to see Mr. Crammer’s proposal. David McNaughton approached Mayor and
Council. He stated the reason Planning Commission took no action is due to the absence of
Mr. Crammer at the meeting. They will be glad to look at it in the future. Mr. Shaw will be
this on a future Planning Commission agenda.
Julie Livingston made a motion to adjourn to Executive Session to discuss Real Estate,
Personnel and Litigation. John Branigin second. Vote was unanimous, 6-0.
Monty Parks made a motion to return to regular session. Wanda Doyle seconded. Vote was
unanimous to approve, 6-0.
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Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 10:35PM.
______________________________
Janet R. LeViner, CMC
Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
5. Appointment to Development Authority/Main Street Board: Crystal Travaille, Tybee
Cottage Art Gallery
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
6. Appointment to Tybee Island Historic Preservation Commission: Anthony Turpin
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Via email to: (jleviner@cityoftybee.org)
July 18, 2019
Ms Janet LeViner
City Clerk
Tybee Island, GA 31328
Re: Tybee Island Historic Preservation Commission (HPC)
Dear Janet,
Please accept this letter as my formal request to be considered a member of the Tybee Island HPC. I understand
that this is a voluntary position and no compensation, nor benefits are provided, but expenses related to the
position are considered.
My resume is included, but it does not reflect my new job as Coastal Area Manager for R.W. Allen Construction
LLC. I started that position on May 16th and my office is at 222 E. Bay Street, Savannah, GA 31401.
For a quick summation, I am a registered architect in Georgia and Rhode Island with a Master of Architecture
from the Georgia Institute of Technology. I was born in Hiawassee, Georgia and have, at various times, lived in
Boston, Atlanta, Cumming and Paris, France. I have over 35 years of experience, the last 24 years, of which, was
running a 55-person architectural design firm in Alpharetta, Ga (w/ a 15-person satelitte office in Pittsburgh). I
was Principal and partial owner for the last 14, of my 24, years with Pieper O’Brien Herr Architects. Prior to that,
I was the project manager on the renovations of the Putnam County Courthouse, which is on the National Register
of Historic Places.
I resigned my position and relocated to Tybee Island with my wife on May 2, 2019 and we have a house under
construction at 28 Naylor Ave. I have a deep appreciation of the historic architecture of Savannah and Tybee
Island, coupled with a desire to always encourage professional, artistic and creative contemporary design
successfully within the historic texture and context of Tybee Island. I am interested in serving my community and
this would be a wonderful opportunity. We moved here to work and retire, and to have a unique destination for
our 2 grown children and 4 young grandchildren to visit.
Please let me know if you need anything else. Thank you for your consideration.
Warmest Regards,
Anthony J. Turpin AIA NCARB
PO Box 1544
Tybee Island, GA 31328
770.364.9156 (mobile)
Enclosure: Resume
cc: Jan Will (via email)
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1
ANTHONY J. TURPIN AIA NCARB
8 Lighthouse Ln. - PO Box 1544 - Tybee Island, GA 31328
anthonyjturpin@gmail.com / (770) 364-9156
PROFESSIONAL SUMMARY
I have over 35 years of diverse experience throughout the entire design and construction process. Just
recently serving as Principal/Studio Director of a 55-person firm, leading municipal, justice, recreation
and worship projects from programming through design and construction closeout. My background
includes working with city and county government agencies on a variety of technically complex projects.
While focusing on business development, programming, concept design, budget control, scheduling,
contract negotiation, document coordination, quality control and construction administration, I have
completed over 120 projects equating to over $825 million dollars in construction cost. I have
successfully led many projects in a variety of construction delivery methods including, design-build
design/bid/build and CM@Risk. I present a focused and deliberate approach to every project type and
have a history of resolving any design and construction challenges in a positive manner.
EXPERIENCE
Pieper O’Brien Herr Architects (POH) (1995-2019) - Leader of Municipal, Worship and Justice Studios
Precision Planning (PPI) (1993-5)
Chapman Coyle Chapman (CCC) (1985-7 & 1988-93)
Huygens DiMella Shaeffer, Boston, MA (HDS) (1987-8)
Jova Daniels Busby (JDB) (1984-5)
Overview of Experience (all with POH, unless noted otherwise):
JUSTICE
- Arcade Municipal Court
- Banks County Courthouse (Renovation) - Homer, GA
- Crawford County Courthouse (Renovation) - Roberta, GA
- Crisp County Courthouse - Cordele, GA
- Cobb County Superior Courthouse - Marietta, GA
- Cobb County Superior Courthouse (Law Library/Grand Jury/Courtrooms) – Marietta, GA
- Cobb County State Court (Security Needs Assessment) – Marietta, GA
- Cobb County Magistrate Offices Renovation – Marietta, GA
- Duluth Municipal Court and Police Headquarters
- General Services Administration (GSA) Bankruptcy Court – Greenville, NC
- Gwinnett County Justice & Administration Center Expansion (in process) - Lawrenceville, GA
- Hall County Courthouse Renovation (22,000sf in process) – Gainesville, GA
- Hartwell Municipal Court
- Kennesaw Municipal Court
- McDonough Municipal Court
- Whitfield County Courthouse (Renovation) – Dalton, GA
- Towns County Courthouse (Programming) – Hiawassee, GA
- Union County Courthouse (Programming/Concept Planning) – Blairsville, GA
- Putnam County Historic Courthouse Renovation (with PPI) – Eatonton, GA
Forum on Courthouse Security Design 2016 - sponsored by The Georgia Council of Superior
Court Judges (CSCJ) and Georgia Sheriffs’ Association (GSA). Providing input on trends and
developments on security design for Georgia courthouses, with the intent to support a required update to
the 2012 Georgia Standards for the Security of Courthouses and Other Court Facilities.
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2
MUNICIPAL
- Arcade City Hall and Police HQ (renovation/addition)
- Alpharetta City Hall (concept design)
- Banks County Courthouse Annex – Homer, GA
- Brookhaven City Hall (renovation)
- Cobb County Morgue Renovation – Marietta, GA
- Cobb County 10 East Park Square Renovation (county offices) – Marietta, GA
- Cobb County Senior Center (Bridging Documents) – Austell, GA
- Cobb County On Demand Services (2013-Present)
- East Point Government Complex Master Plan
- East Point City Hall (Program & Conceptual Design)
- Gordon County Parking Deck – Calhoun, GA
- Hall County On Demand Services (2017-Present)
- Hall County Government Center HVAC/Elect. Evaluation – Gainesville, GA
- Hartwell City Hall, Police HQ & Jail
- Hiawassee Town Center Master Plan
- Norcross On Demand Services (2017-Present)
- Towns County Senior Center (CDBG concept design) – Hiawassee, GA
- Lilburn City Hall/Police Department (with PPI)
- Gordon County Health Department (with PPI) – Calhoun, GA
- Greene County Health Department (with PPI) – Greensboro, GA
- Barrow County Health Department (with PPI) – Winder, GA
- Union County DFCS Concept Design (with a previous firm) – Blairsville, GA
- Gwinnett County Civic and Cultural Center PAC (with a previous firm) – Duluth, GA
PUBLIC SAFETY
- Alpharetta Police Department (renamed Alpharetta Department of Public Safety)
- Alpharetta Department of Public Safety (Phase 2 - expansion/renovation)
- Alpharetta E911 expansion
- Brookhaven Police Department (renovation)
- Covington Police Department (retrofit 26,000sf – in process)
- Cochran Police Department (programming/concept design/probable cost)
- Cobb County Public Safety Education Facility (@ Safety Village) – Marietta, GA
- Cobb County Police Headquarters (programming/site concepts) – Marietta, GA
- Cobb County Police & Fire Department Training Facility (programming/site concepts) – Marietta, GA
- Cobb County Police HQ (Threat Assessment Study) – Marietta, GA
- Cobb County Narcotics Storage Facility (in process) – Marietta, GA
- Fayetteville Fire Station (in process)
- Gainesville Fire Station (Schematic Design)
- Roswell Fire Station No. 4
- Roswell-Alpharetta Public Safety Training Center – Roswell, GA
- Snellville Police Department
WORSHIP
- Blackshear Place First Baptist Church (now Christ Place Church) - Oakwood, GA
- Christ Place Church Masterplan - Oakwood, GA
- Christ The Shepherd Lutheran Church (renovation/addition) - Alpharetta, GA
- Epiphany Lutheran Church Expansion & Masterplan – Suwanee, GA
- First Redeemer Church Youth Addition (Middle School)– Cumming, GA
- First Redeemer Church Children’s Addition (Nursery-Elementary concept design) – Cumming, GA
- First Redeemer Church Adult Classroom Addition (concept design) – Cumming, GA
- Free Chapel Sanctuary Expansion and Media Studio – Gainesville, GA
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- Mt Bethel UMC Master Plan (renovation & expansion concept – in process) – Marietta, GA
- Oak Hill Baptist Church (Sanctuary & Education Addition)- Griffin, GA
- Ravi Zacharias International Ministries (RZIM) – Alpharetta, GA
- Word of Faith Life Training Center/Wedding Chapel – Austell, GA
- Word of Faith Seeds of Excellence Daycare Center – Austell, GA
- Young Life Multi-Purpose Facility (concept design) – Cumming, GA
RECREATIONAL
- Cumming Dogwood Center Multipurpose Facility (concept design)
- East Point Recreation & Aquatics Facility (conceptual design in progress)
- Gwinnett County Parks (Lions Club, Alexander, Jones-Bridge, Sweetwater, etc.)
- Kennesaw/Smith-Gilbert Gardens Visitors Center (in process)
- Meeks Park Pool House – Blairsville, GA
- North Fulton Centre for the Arts Conceptual Design - Alpharetta, Georgia
- Riverside EpiCenter (gym, bowling, wellness, rock climbing wall)– Austell, GA
- Taylor Farm Park – Hiram, GA
- Towns County Recreation & Conference Center - Young Harris, GA
- Towns County Recreation Center – Hiawassee, GA
- Union County Senior Center – Blairsville, GA
- Word of Faith Athletic Fields (Hartman Rd - concept) – Austell, GA
CORRECTIONAL
- Small Jail Prototypes (Article in Correctional News)
- Banks County Law Enforcement Center - Homer, GA
- Bleckley County Jail - Cochran, GA
- Madison County Jail – Danielsville, GA
- Oglethorpe County Jail - Lexington, GA
- Towns County Jail – Young Harris, GA
- Union County Jail - Blairsville, GA
- Catoosa County Jail - Ringgold, GA
- Catoosa County Jail Work Release (concept design) – Ringgold, GA
- Catoosa County Jail Dayroom Security Renovations – Ringgold, GA
- Dawson County Jail (programming/concept design) – Dawsonville, GA
- Floyd County Jail (renovation & expansion) - Rome, GA
- Forsyth County Detention Center & Sheriffs’ Offices (Conceptual Design) – Cumming, GA
- Johnson County Jail – Wrightsville, GA
- Pulaski County Jail & Sheriffs’ Office – Hawkinsville, GA
- Rockdale County Jail – Women’s Release – Conyers, GA
- Tattnall County Jail (prefab cell concept) – Reidsville, GA
- Sumter County Jail – Americus, GA
- Whitfield County Law Enforcement Center - Dalton, GA (Article in Correctional News)
EDUCATIONAL
- JJ Daniel Middle School Science Classrooms – Marietta, GA
- Lost Mountain Middle School (prototype with CCC) – Kennesaw, GA
- Powder Springs Middle School (prototype re-use with CCC)
MICELLANEOUS
- Georgia Power Customer Care Center – McDonough, GA
- Riverside EpiCenter Conference Center - Austell, GA
- Inhibitex Medical Lab Office Building – Alpharetta, Georgia
- Bank of Hiawassee (now State South) Convenience Center Prototypes (concept design)
- Pro Cleaners (concept design) – Alpharetta, GA
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- Saturn of Thornton Road – Douglasville, GA
- Putnam County Senior Living Center (Concept Design) – Eatonton, GA
- Chateau Elan Conference Center (with CCC) – Braselton, GA
- Naval Submarine Base Housing (with JDB) – Kings Bay, GA
- MacIntosh Farms Townhouses (with HDS) - Sharon, MA
- ADA Assessments of Polling Stations – Towns County, GA
- ADA Assessment of House Adaptation (injured USPS employee)– General Services Administration
EDUCATION
- Master of Architecture, Georgia Institute of Technology, 1988
- Bachelor of Science, Georgia Institute of Technology, 1983
- Ecole des Beaux-Arts, Paris, France, 1982-3
- Young Harris College, 1978-9
REGISTRATIONS
- Registered Architect in Georgia / Rhode Island / Iowa
AFFILIATIONS
- American Institute of Architects (AIA)
- National Council of Architectural Registration Boards (NCARB)
- Academy of Architecture for Justice (AIA-AAJ)
- Georgia Council of Court Administrators (GCCA)
- National Association of Court Management (NACM)
- Georgia Municipal Association (GMA)
- Association of County Commissioners of Georgia (ACCG)
- Georgia Sheriffs’ Association (GSA)
- American Correctional Association (ACA)
- United States Green Building Council (USGBC)
- Georgia Recreation & Park Association (GRPA)
SOFTWARE
- Microsoft Office365 (Outlook, Excel, Word, OneNote, PowerPoint), Microsoft Project, Prezi,
Bluebeam Revu, Adobe Acrobat Reader, Newforma, Deltek Vision, Autodesk (Revit Review)
INTERESTS
- Classic Literature, Literary Theory, Golf, Sporting Clays, Hiking, Paddleboarding, Softball, Tennis
References available upon request
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
7. Site Plan approval/Special review: modular building added to the lot – 714 Lovell Avenue
–Zone R-2 – 40005-19001 – Tybee Island Charter School dba Tybee Island Maritime
Academy.
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Wanda Doyle
Julie Livingston
Monty Parks
Shirley Sessions
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: AUGUST 8, 2019
Item: SITE PLAN/SPECIAL REVIEW
Explanation: MODULAR BUILDING ADDED TO THE LOT‐714 LOVELL AVE.‐ZONE R‐2 ‐40005 19001 –TYBEE
ISLAND CHARTER SCHOOL DBA TYBEE ISLAND MARITIME ACADEMY
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: 08/01/2019
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
Page 32
1
STAFF REPORT
PLANNING COMMISSION MEETING: July 15, 2019
CITY COUNCIL MEETING: August 8, 2019
LOCATION: 714 Lovell Ave. PIN: 40005 19001
APPLICANT: Tybee Island Maritime Academy OWNER: Roman Catholic Diocese of Savannah
EXISTING USE: School PROPOSED USE: School
ZONING: R-2 PROPOSED ZONING: R-2
USE PERMITTED BY RIGHT: Yes with Special Review
COMMUNITY CHARACTER MAP: Commercial Gateway
APPLICATION: Site plan with special review
PROPOSAL: The applicant requests site plan to add a modular building beside existing school buildings.
ANALYSIS: The Tybee Island Maritime Academy has a growing enrollment but is running out of classroom space.
They are proposing a four classroom modular building on an empty portion of the existing property. The Catholic
Diocese of Savannah has given permission for the school to expand in this area. While the applicant has
agreements in place for engineering and surveying services there is no drainage plan nor survey of the property
included in the application as required. The additional classrooms would require 14 off-street parking spaces per
code. Only 10 spaces are shown, all of which are in the City’s right of way. There is also no ADA space shown.
The dumpster is also shown in the City’s right of way.
The Comprehensive Plan describes the Commercial Gateway in which it lies as follows:
This area functions as an activity center and serves as the commercial gateway for the City. Zoning
classifications are C-1, C-2, R-1, R-1B, R-T and R-2. The mix of neighborhood commercial uses include
shopping, crafts, restaurants, and eco-tourism.
Comprehensive Plan – Community Character Area
Commercial Gateway
Recommended Development Strategies
Meets
Strategy
Y/N or N/A
1. Future development and redevelopment should be very pedestrian oriented with safe
connections to adjacent neighborhoods and commercial areas
Y
2. Promote mixed densities of residential development, including upstairs residential over
commercial.
N/A
3. Encourage mixed uses to provide for the daily needs of residents and tourists. N/A
4. Commercial uses should be low intensity and consistent with the existing character. N/A
5. Encourage development/redevelopment of existing vacant properties and underutilized
structures
Y
6. Encourage the preservation, restoration and adaptive reuse of historic structures through N/A
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incentives
7. Beautification and façade improvement projects should be implemented to improve area
aesthetics
N/A
8. Preserve/retain buildings that can house small businesses. N/A
STAFF FINDING
The application is incomplete. While this is a needed building for the growth of TIMA, staff cannot recommend
approval.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Site plan review application
B. Site plans
C. Property card
D. SAGIS map
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
8. PLANNING COMMISSION MINUTES 7-15-2019
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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
July 15, 2019
Chair Bishop called the July 15, 2019, Tybee Island Planning Commission meeting to order.
Commissioners present were Marianne Bramble, David McNaughton, Alan Robertson, Charles
Matlock and Tina Gann. Ron Bossick was absent.
Consideration of Minutes:
Chair Bishop asked for consideration of the June 17, 2019, meeting minutes. Commissioner
Robertson made a motion to approve. Tina Gann seconded. The vote to approve was unanimous.
Disclosures/Recusals:
Chair Bishop asked if there were any disclosures or recusals. Commissioner Bramble disclosed she
has a grandchild that attends the Maritime Academy and that would not prevent her from making a
fair decision on this item.
Old Business:
Chair Demery Bishop asked if there was any old business. Commissioner Robertson asked if the
discussion last month on short-term vacation rental licenses was finished or does it need to be
discussed more. Chair Bishop stated that this body does not need to continue that Item.
New Business:
Site Plan approval/Special review: modular building added to the lot – 714 Lovell Avenue –
Zone R-2 – 40005-19001 – Tybee Island Charter School dba Tybee Island Maritime Academy.
George Shaw approached the Planning Commission and stated the Tybee Island Maritime Academy
wants to add a four classroom modular building. The applicant did not submit a site plan with the
packet. Perb Fortner, CFO of the Tybee Island Maritime Academy and the applicant, told him that was
not required the last time they did an expansion. George Shaw stated he spoke to the City Manager
Shawn Gillen about that and he asked him to please put this on the agenda because there is a time
constraint to get them built. There is also a letter we gave you tonight that did not make it in the packet
from The City Engineer Downer Davis, who did review what was in the packet. Staff cannot
recommend approval because it is not a complete application. Commissioner Robertson stated in the
instance of their urgency to get started before this school year he would like to hear from the
petitioner. Commissioner Matlock stated this packet should have been done right, the process is not
complete. Chair Bishop stated he would like to hear from the petitioner. Perb Fortner approached
the Planning Commission and stated he is the CFO for the Tybee Island Maritime Academy and he
lives at 1 Beachwood Court, Tybee Island. Perb Fortner stated they have come here with an
incomplete package to not spend the Governments money until we know that there is an end. He
stated they are trying to get the modular classrooms installed and available for use by the first of the
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year. He also stated they would only need four parking spaces for the new building. Carolyn Jurick,
who is a Chairman for the Tybee Island Maritime Academy, approached the Planning Commission
and stated that the building will be raised and they are a locally approved Charter school and this year
there are 296 kids enrolled. These classrooms are needed to accommodate our growing school. Peter
Ulrich, who is the principal for the Tybee Island Maritime Academy, approached the Planning
Commission and stated that they want to add “Maker” space to enervate and create and a “Coding”
class that would be with robots. This would connect them with the maritime industries and also stem
(Science, Technology, Engineering, Math) and steam (Science, Technology, Engineering, Art, Math)
opportunities. Jason Ball approached the Planning Commission and stated he is the engineer for this
project and the drainage and parking will be handled the same way the other buildings on the property
were done. He also stated that they will provide a survey and drainage plans when they finish them.
Commissioner McNaughton asked which square footage is the correct one that they are proposing.
In addition, can the dumpster be moved out of the City Right of way? Perb Fortner stated the correct
one is 4,500 square feet. Moreover, they will look at moving the dumpster. Commissioner Bramble
asked if they could get the Drainage plan done and added to the packet before the City Council
meeting in August. Perb Fortner stated yes they could. Karen Gilbert who lives at 113 Jones
Avenue approached the Planning Commission and asked if there were any trees where this building
will be going and stated that they should have submitted a complete packet for this submittal. Jason
Ball approached the Planning Commission and stated they will have the mitigation of the trees on the
survey they submit. Jason Ball approached the Planning Commission and stated he would have the
drainage plan and survey done by Monday July 22, 2019 for the packet. Commissioner McNaughton
made a motion to continue to July 23, 2019 at 8:00am with a complete packet. Commissioner Gann
seconded. The vote to continue to special meeting was unanimous.
Discussion only:
Changing R2 minimum lot size to 9,000 square feet.
George Shaw approached the Planning Commission and stated this is a continuation from the last
meeting. The 9,000 square feet came up at our workshop. Currently the R-2 minimum lot size is 4,500
square feet for a single-family dwelling and 6,750 square feet for a two family dwelling.
Commissioner McNaughton made a motion to recommend City Council increase the minimum lot
size on the R-2 zone to 9,000 square feet for two family dwellings. Commissioner Robertson
seconded. The vote was four to one. Motion carries.
Increasing variance application fee.
Commissioner McNaughton made a motion to recommend City Council increase the variance
application fee to $1,000.00 for both residential and commercial. Alternatively, raise the variance
application fee to 500.00 for residential and commercial and adopt as a model the Valdosta variance
application. Commissioner Bramble stated she would have to read the Valdosta application before
she could even vote on it. Commissioner McNaughton stated he would like to continue this to
another meeting and send everyone a copy of the Valdosta application.
Meeting adjourned 8:30pm.
Lisa L. Schaaf
Page 68
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
9. PLANNING COMMISSION MINUTES 7-23-2019
Page 69
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
July 23, 2019
Chair Bishop called the July 23, 2019, Tybee Island Planning Commission meeting to order.
Commissioners present were David McNaughton, Alan Robertson, Charles Matlock and Tina Gann.
Ron Bossick and Marianne Bramble were absent.
Old Business:
Site Plan approval/Special review: modular building added to the lot – 714 Lovell Avenue –
Zone R-2 – 40005-19001 – Tybee Island Charter School dba Tybee Island Maritime Academy.
George Shaw approached the Planning Commission and stated the Tybee Island Maritime Academy
has submitted a survey and drainage for 714 Lovell Avenue since the July 15, 2019 meeting. The City
Engineer also has submitted his comments for some simple fixes on the drainage. George Shaw stated
staff does not recommend approval because the submittal is still incomplete. Commissioner Matlock
asked if a variance is required for parking. George Shaw stated yes it could need a variance; it is on-
street parking. Jimmy Williams who lives at 705 Lovell Avenue approached the Planning
Commission and stated he would like to address a few issues. Dumpsters should have an enclosure. In
addition, has the school’s charter been changed because the amount of students has increase. Also,
during drop off and pick up times now is there a safety issue? Moreover, drainage run-off should be
only on their own property and not out to the street. In addition, what are the setbacks for that property
as it is zoned R-2. George Shaw stated the ordinance is unclear on a non-residential use within the
residential zone. Hope Barton, who lives at 702 Lovell Avenue, approached the Planning
Commission and stated she has concerns about distracted drivers and she thinks there should be police
posted during drop off and pick up times. In addition, drainage is a concern on that street. Deb
Barreiro, who lives at 104 Seventh Street, approached the Planning Commission and stated the
survey provided has the wrong address. In addition, would the addition of an additional principal
structure require a variance? George Shaw stated because of the school use he would say no but he
can check with the City Attorney. Deb Barreiro also stated, there needs to be school zone signs on
Lovell. In addition, when can we know if they need a variance or not. George Shaw stated he would
have to find that out. Carolyn Jurick approached the Planning Commission and stated we will fix all
safety concerns and we use the church for overflow parking. Jason Ball approached the Planning
Commission and stated they do have one 24-inch Live Oak that would need to be taken out and
mitigation will be done. On the parking, we want use the least impervious surface as possible. He also
stated if a variance were needed, they would get it. David McNaughton made a motion to forward to
City Council with these conditions addressed: are variances required for setbacks and parking and
satisfy drainage issues. Commissioner Matlock seconded. The vote was unanimous.
Meeting adjourned 9:30am.
Lisa L. Schaaf
Page 70
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
10. Agenda Request: Special Event-Beer & Wine-Tybee Festival Association / Tybee Pirate
Fest, Sixteenth Street Parking Lot, October 11, 12, and 13, 2019
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
11. Special Events Application Resolution to Designate 2019 Pirates Fest Dates and Festival
Control Zone
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
12. The purpose of this agenda item is seek the City Council’s approval to amendment the
General Fund fiscal year 2019-2020 operating and capital budget by increasing the
budget from $14,329,161 to $14,490,161, a net increase of $161,000; and to transfer
$45,000 from the Public Works Administration budget to the Public Works Fleet
Management budget.
Page 93
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: August 8, 2019
Item: The purpose of this agenda item is seek the City Council’s approval to amendment the General Fund fiscal year 2019-
2020 operating and capital budget by increasing the budget from $14,329,161 to $14,490,161, a net increase of $161,000; and
to transfer $45,000 from the Public Works Administration budget to the Public Works Fleet Management budget.
Explanation:
1. During fiscal year 2019, three projects in the Public Works Department were not able to be completed by June 30,
2019. The three projects are as follows:
Roof replacement on the Public Works Office building - $30,000
Purchase JCB Backhoe for $86,000
Purchase Mobile Restrooms for $45,000
The City Council approved the acquisition of these three items prior to June 30, 2019. The Public Works Department
wishes to have the projects added to the fiscal year 2020 budget in order to complete the projects. Therefore, they are
requesting that the City Council amend the fiscal year 2020 budget by an increase of $161,000, from $14,329,161 to
$14,490,161.
Revenue Budget Line Items: Current Budget Amendment Amended Budget
100.00.39.1300 Prior Year Fund Balance $3,576,725 $161,000 $ 3,737,725
Expenditure Budget Line Items:
100.4210.54.1315 Building Improvements $ 0 $ 30,000 $ 30,000
100.4210.54.2100 Machinery & Equipment $ 0 $ 131,000 $ 131,000
2. The Public Works Department wishes to transfer $45,000 from its’ Administration Division “4210” to its’ new Fleet
Maintenance Division “4975”. The department wishes to move the $45,000 from the Repairs & Maintenance –
Equipment line item in the Administration Division to the Repairs & Maintenance – Equipment line item in the Fleet
Maintenance Division.
Expenditure Budget Line Items: Current Budget Amendment Amended Budget
Public Works Administration –
100.4210.52.2203 Repairs & Maint. Equipment $45,000 ($45,000) $ 0
Public Works Fleet Maintenance –
100.4975.52.2203 Repairs & Maint. Equipment $ 0 $45,000 $ 45,000
The aforementioned budget amendments will change the Public Works Administration budget from $1,486,743 to $1,602,743;
and change the Public Works Fleet Maintenance budget from $371,943 to $ 416,943.
Submitted by: Angela Hudson, Director of Finance & General Administration
Phone / Email: (912) 472-5021/ahudson@cityof tybee.org
August 2, 2019
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
13. The Finance Department is seeking the City Council’s approval to multiple request for
out of state travel for fiscal year 2020 for the Purchasing Administrator and Director of
Finance and General Administration to attend a Public Procurement training offered by
the National Institute for Public Procurement from August 22, 2019 to February 8, 2020
in preparation for the Certified Public Procurement Officer and Certified Professional
Public Buyer exams.
Page 95
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown Mayor Pro Tem
Wanda Doyle
Julie Livingston
Shirley Sessions
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: August 8, 2019
Item: The Finance Department is seeking the City Council’s approval to multiple request for out of state travel for fiscal
year 2020 for the Purchasing Administrator and Director of Finance and General Administration to attend a Public
Procurement training offered by the National Institute for Public Procurement from August 22, 2019 to February 8,
2020 in preparation for the Certified Public Procurement Officer and Certified Professional Public Buyer exams.
Description: The Finance Department is seeking approval from the City Council allow to travel out of state to attend a
multiple public procurement training courses offered by the National Institute of Procurement from August 22, 2019 to
February 8, 2020 in preparation for the National Certified Public Procurement Officers and Certified Professional Public
Buyer exams.
The Finance Department plans to make significant changes to the City’s procurement processes and increase participation of
suppliers in an effort to acquire more competitive prices for goods and services to reduce our overall spending. Our plans
includes offering electronic bidding, a centralized supplier database that allows suppliers to register with the City to receive
instant notification of bids and requests for proposals and requests for qualified suppliers, automated centralized evaluation of
bids and requests for proposals, electronic contract management tracking and electronic diversity tracking. The Finance
Department plans to centralized specific categories of purchases normally made by individual departments. Offering these
services means that the Finance staff will assume more risks as the public and suppliers will have real-time, on-going access to
the City’s procurement methodologies. Therefore, the Finance staff must be prepared to foresee, mitigate and avoid issues by
developing and implementing a cohesive procurement system based on State and national standards.
Budget Line Item Number (if applicable):
Course Description Location Registration
Travel Costs
Estimate
Meals & Lodging
Estimate
Estimate
Total Trip
Cost
8/22/2019 8/24/2019 Foundations for Strategy & Policy Austin, TX 350.50 360.00 525.00 1,235.50
9/10/2019 9/14/2019 Strategic Procurment Planning Miami, FL 595.00 261.00 700.00 1,556.00
9/14/2019 9/17/2019 Procurement Tools for Ensuring
Contractor Performance on Public
Contracts
Portland, OR 310.00 135.00 300.00 745.00
9/18/2019 9/20/2019 Contract Administration for Public
Sector
Columbia, SC 1,190.00 559.00 1,578.00 3,327.00
9/25/2019 9/28/2019 Fundamentals of Leadership &
Management
Seattle, WA 425.00 530.00 700.00 1,655.00
10/6/2019 10/8/2019 Practical Specifications Writing Spokane, WA 285.00 592.00 320.00 1,197.00
10/28/2019 10/30/2019 Tools for Cost Analysis for Best Value
Decisions
Tampa, FL 310.00 463.00 320.00 1,093.00
12/1/2019 12/5/2019 Sourcing in the Public Sector Conway, SC 570.00 400.00 575.00 1,545.00
2/4/2020 2/8/2020 Legal Aspects of Public Procurement North Charleston, SC 570.00 400.00 575.00 1,545.00
Totals by Category:3,062.47 3,700.00 5,593.00 13,898.50
Budget Line Items:100.1510.52.3500
Education & Training
100.1510.52.3700
Travel & Related
100.1510.52.3700
Travel & Related
ESTIMATED EXPENSES
DateS
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2 | P a g e
Submitted by: Angela Hudson, Finance Director
Phone / Email: (912) 472-5021/ahudson@cityof tybee.org
August 1, 2019
Date given to Clerk of Council
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
14. The purpose of this agenda item is to seek the City Council's approval to surplus and
dispose of 23 Police Department vehicles by trading them to Enterprise Fleet
Management Company as a trade for the 16 vehicles that the City is leasing from
Enterprise Leasing Company for three years.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
15. First Reading, 12-2019, Article IV, Chapter 58-108, Revise the Room Excise Tax at the
Rate of 7% to Provide for Distribution of Tourism Product Development by Resolution, to
Establish an Effective Date
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ORDINANCE NO. 12-2019
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
SO AS TO REVISE THE ROOM EXCISE TAX SO AS TO REPEAL SECTION 58-108
AND REPLACE WITH A NEW TAX AT THE RATE OF 7%; TO PROVIDE
FOR DISTRIBUTION OF TOURISM PRODUCT DEVELOPMENT BY RESOLUTION,
TO ESTABLISH AN EFFECTIVE DATE
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, in the 2019 session of the Georgia General Assembly, a Local Act (House
Bill 591) was adopted and it authorized the city of T ybee Island, pursuant to O.C.G.A. §48-13-
51(b) to impose a tax at the rate of seven percent (7%) of taxable charges to the public for
lodging accommodations and that the revenue would be used pursuant to the provisions of
O.C.G.A. §48-13-51.
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 IV, Section 58-108,
Rate, 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
IV, Chapter 58-108, to be amended so as to hereafter read as shown below.
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2
SECTION 2
Sec. 58-108 RATE
The rate of taxation shall be seven percent (7%) of taxable charges to the public for
lodging accommodations. The tax shall be levied at this rate and the resulting revenue shall be
used pursuant to the provisions of O.C.G.A. §48-13-151, including O.C.G.A. §51(b). Further,
that portion of the tax dedicated to tourism product development will be distributed in
accordance with a resolution to be passed by the Mayor and Council designating the tourism
product development to which funds will be designated and distributed.
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
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.
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3
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, or as otherwise specified by the Mayor and
Council herein as _____ day of _________________, 2019.
ADOPTED THIS DAY OF , 2019.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
572/1/Ordin 2019 hotelmotel
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4 4373107.1
000572-000572
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
16. Bubba Hughes: MOU, Tybee Island Maritime Academy
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
17. Bubba Hughes: Indigent Services Agreement
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INDIGENT DEFENSE SERVICES AGREEMENT
BETWEEN JENNIFER OZER AND
THE CITY OF TYBEE ISLAND, GEORGIA
THIS AGREEMENT entered into this ____ day of ______________, 2019, by and
between JENNIFER L. OZER, an attorney authorized to practice law in the State of Georgia,
(hereinafter “Ozer”) and THE CITY OF TYBEE ISLAND, GEORGIA, a body politic and
municipality of the State of Georgia, PO Box 2749, Tybee Island, GA 31328 (hereinafter the
“City”). This Agreement shall be effective upon the execution by the City, except that some
services may have been provided prior to execution in anticipation of this agreement.
WHEREAS, Ozer is an attorney practicing law in the State of Georgia specializing in
criminal defense work; and
WHEREAS, the City is a Georgia municipality which maintains a municipal court
wherein charges are brought against individuals sometimes in need of counsel; and
WHEREAS, applicable laws, including O.C.G.A. §36-32-1 and others, provide for the
appointment of counsel for indigent defendants; and
WHEREAS, the City and Ozer have negotiated the within Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows:
1. Engagement. Ozer agrees to provide indigent defense services for defendants in
the Municipal Court of Tybee Island as appropriate and in accordance with all applicable laws,
the City Charter, and the ordinances of the City. Ozer is to act as Municipal Court Public
Defender in accordance with such laws.
2. Place of Work. The Public Defender will perform the services as required by the
City on a part time basis at such times and places as Ozer shall determine, except that court shall
be held at places designated by the City.
3. Duties. Ozer shall at all times maintain membership in the Georgia Bar as a
member in good standing and shall use his best efforts and judgment in performing services of
the Public Defender and shall act as an independent contractor in the representation of the City
customers. Notwithstanding any other provision hereof, Ozer shall only be required to attend
two court sessions per month out of any month in which the regular schedule for court sessions is
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three sessions. The City contemplates having a session of court that would entail the need for the
services of a Public Defender and, therefore, Ozer should not be required to attend that session
nor is his compensation based upon any requirement that he attend the third court session. The
duties of Ozer as Public Defender shall include contact with the City’s customers and alleged
violators and the general public and shall at all times behave in a professional manner in
representing the interest of the City. Ozer shall be free to arrange the manner of performance of
the duties hereunder and will not be expected to maintain a schedule of duties, except as
necessary to comply with reasonable assignments requested by the City from time to time. As
part of the services hereunder, Ozer agrees to respond reasonably and when necessary, to visit
customers or defendants who are inmates in confinement in order to properly perform the
responsibilities hereunder.
4. Manner of Performance. Ozer will determine the method, details and means of
performing services on behalf of the City. The City shall have no right to, and shall not, control
the manner or determine the method of accomplishing Ozer’s Public Defender services. Ozer
will be responsible for supplying all equipment and instrumentalities required to perform
services under this agreement; provided, however, upon execution of this agreement, the City
will provide Ozer with court staff sufficient to manage the court’s services.
5. Compensation. For services to be rendered and performed hereunder by Ozer as
Public Defender, the City will pay Ozer Twelve Thousand Five Hundred and No/100
($12,500.00) Dollars annually for the two court sessions per month for services rendered
pursuant to this agreement. Payment shall be invoiced and paid monthly. This compensation is
to include two court sessions per month and for related required communications with the
alleged violator. Ozer acknowledges that this is an independent contractor agreement, and she
shall be responsible for payment of any and all taxes on the compensation paid to her hereunder
and agrees to indemnify and hold the City harmless therefrom. As an independent Public
Defender, Ozer shall not be entitled to receive any fringe benefits that are generally available to
employees of the City and shall only be entitled to receive the cash compensation specifically set
forth herein. It is agreed that, when requested by the City, Ozer will provide estimated costs,
expenses, or amount of time spent in connection with any defendant(s).
6. Independent Public Defender. The parties agree that Ozer will act as an
independent Public Defender in performing her duties hereunder and is not an employee, agent,
joint venturer or partner of the City. Ozer shall comply with all federal, state and local laws in
performing her duties hereunder. Ozer shall adhere to and perform the duties herein in
conformity with all practices, procedures, and/or standards required of the Chatham County
Public Defender’s Office. Ozer shall not incur any obligations on behalf of the City without the
City's written consent. Ozer is not an employee of the City and Ozer shall have the exclusive
responsibility for appropriate withholding of the taxes relating to compensation hereunder, and
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the City shall not withhold any federal, state or local taxes thereon. Further, the City is not
obligated to and will not withhold FICA (Social Security) from payments made to Ozer and will
not make state or federal unemployment insurance contributions on behalf of Ozer. Upon
request by City, Ozer shall provide proof of compliance with the provisions of this section and
failure to comply with same shall constitute a breach of this agreement by Ozer.
7. Term. This Agreement shall be an at will term, terminable by either party, and
may only be terminated upon providing written notice at least thirty (30) days in advance of the
date of termination. A termination notice must be sent via certified or registered US mail to the
address of the parties set forth in the opening paragraph of this Agreement or be provided via
hand delivery with a written confirmation of receipt. Notwithstanding any other provision
hereof, all obligations of the City under this agreement shall cease as of December 31 of each
calendar year in which this agreement is in effect subject, however, to an automatic renewal of
the agreement in the absence of a notice to not renew or to cancel at least 30 days prior to the end
of a calendar year.
8. Expenses. City shall only reimburse Ozer for expenditures if Ozer had prior
authorization from City to incur such expenditures.
9. Assignment. The City specifically contracts for services of Ozer but, from time
to time, in the event Ozer is unavailable, Ozer may assign, subcontract or delegate the duties
hereunder without notice to City.
10. Construction. The parties acknowledge that each had a part in the preparation of
this Agreement, and this Agreement shall not be strictly construed against either party.
11. Georgia Law. This Agreement shall be governed by and construed in accordance
with the provisions of the laws of the State of Georgia.
12. Severability. Should any provision of this Agreement be held invalid by any
court of competent jurisdiction, such invalidity shall not affect the validity of the remainder of
this Agreement.
13. Captions. The captions or headings of the sections or other subdivision hereof
are inserted only as a matter of convenience or for reference and shall have no effect on the
meaning of the provisions hereof.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its duly
authorized representative and Ozer has caused this Agreement to be executed as of the date first
written above.
[SIGNATURES TO FOLLOW]
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INDEPENDENT PUBLIC DEFENDER CITY OF TYBEE ISLAND
________________________________ ___________________________
Name: Jennifer L. Ozer Jason Buelterman, Mayor
_______________________ Date ___________________ Date
___________________________
Clerk of Council
_________________ _ Date
APPROVED AS TO FORM:
____________________________
Edward M. Hughes, City Attorney
____________________ Date
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