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Home My Public Portal About20190808Amended2Packet.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 Corporal Zachary Jung Corporal Anthony Errato Corporal J.P. Price SPO Cheyenne Dickenson 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 Page 1 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 6. Appointment to Tybee Island Historic Preservation Commission: Anthony Turpin 7. Appointment to Ethics Commission: Mark Reed 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. Consideration of Approval of Consent Agenda Public Hearings 8. 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. 9. PLANNING COMMISSION MINUTES 7-15-2019 10. PLANNING COMMISSION MINUTES 7-23-2019 Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 11. Agenda Request: Special Event-Beer & Wine-Tybee Festival Association / Tybee Pirate Fest, Sixteenth Street Parking Lot, October 11, 12, and 13, 2019 12. Special Events Application Resolution to Designate 2019 Pirates Fest Dates and Festival Control Zone Consideration of Bids, Contracts, Agreements and Expenditures 13. 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. 14. 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. 15. 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. Page 2 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 16. Authorization of the Project Partnership Agreement between COE and City of Tybee Island; Beach Erosion Control Project Consideration of Ordinances, Resolutions 17. 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 18. Bubba Hughes: MOU, Tybee Island Maritime Academy 19. Bubba Hughes: Indigent Services Agreement 20. Barry Brown: Salary Increase, Angela Hudson, Finance Director 21. Barry Brown: STVR, Pool Regulations 22. Barry Brown: Tybee Island Police Department Salary 23. Julie Livingston: Beach Equipment Rental Business (change of ordinance) 24. Shirley Sessions, City Hall Auditorium and Office Space 25. Jason Buelterman: Census 2020 26. 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 Page 3 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” Page 4 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 4. Minutes, City Council Meeting, July 11, 2019 Page 5 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 Page 6 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, Page 7 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. Page 8 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. Page 9 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 Page 10 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. Page 11 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 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 5. Appointment to Development Authority/Main Street Board: Crystal Travaille, Tybee Cottage Art Gallery Page 24 Page 25 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 Page 26 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) Page 27 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. Page 28 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 Page 29 3 - 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 Page 30 4 - 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 Page 31 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. Appointment to Ethics Commission: Mark Reed Page 32 Page 33 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 8. 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. Page 34 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 35 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 Page 36 2 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 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 ADDRESS PHONE WEB 4 Cedar View Court, Savannah, GA 31410 (912) 662.2914 ballmaritime.com August 1, 2019 Mr. George Shaw Planning & Zoning Manager City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 re: PN 19-1000 – TIMA Expansion: Stormwater Management Plan Dear George: This submittal has been assembled based on our understanding of the project, the requirements for stormwater management discussed with Mr. Downer Davis, PE, and the previous responses from the Planning Commission. In order to meet the requirements for approval, it is our understanding that the proposed site must not increase the impervious coverage from the pre-developed site and the site must detain the post development stormwater run-off below water is released from the site currently. Please refer to the submitted plans for information complimentary to this narrative. The engineering drawings for the project will reflect the actual construction activities proposed below (Attachment D). Pre-development and Post Development Considerations The project site is considered to be the property boundaries on the north and east, the north edge of the existing gym, and the edge of pavement along Lovell Avenue. This is approximately 0.25-acres. The pre-development impervious coverage on the site is 0.21-acres. The post development conditions will include additional impervious area to accommodate the garbage dumpster pad, but impervious area will be reduced in the existing parking areas along Lovell Avenue to balance out the net results. The table below reflects this change. The modular building does not count as an increase in impervious area due to it being elevated and the footprint being used as a gravel infiltration best management practice. Unpaved parking is currently provided along Lovell Avenue and will remain that way for this project. TABLE 1 – DRAINAGE BASIN COMPARISON Existing Area (SF) Proposed Area (SF) Impervious Impervious Concrete Pad 24 Concrete Pad 12 Crush & Run 1,391 Crush & Run 502 Dumpster Pad 300 Concrete Sidewalk 217 Pervious Pervious Open Space 9,271 Gravel Building Pad 4,352 Open Space 4,783 Metal ADA Ramp 520 Total 10,686 10,686 Percent Impervious 13% 10% Page 69 PN 19-1000: TIMA Expansion Page 2 BMG/GS ADDRESS PHONE WEB 4 Cedar View Court, Savannah, GA 31410 (912) 662.2914 ballmaritime.com Based on a topographic survey performed for the site in July 2019 by Gammon Surveying (Attachment A), there is no run- off through the site from the adjacent properties. The run-off generated from the impervious surface of the modular building rooftop in a 25-yr 24 -hr storm event will be pitched to eastern side into a 6” gutter. The run-off will be conveyed downward through four 4”x4” downspouts to the ground level into energy dissipators. The run-off will then drain from the east to the west over the re-graded site, traveling through the gravel base installed beneath the footprint of the building. It is anticipated that no drainage will leave the site under these design conditions. The volume of run-off generated from the roof top will be approximately 114-cubic feet using a 25-year 24-hour storm event with an intensity of 0.33-inches (from GSMM Volume 2 for Savannah). A gutter sizing spreadsheet was used to confirm the minimum number of downspouts and gutter size required (Attachment B). This will be used for the design of the modular building. The volume of storage provided by the 6” gravel base beneath the building is approximately 870.4- cubic feet using a porosity factor of 0.4 for gravel. Since the soils are Group A (Attachment C – Web Soil Survey), it assumed that the infiltration rate is 6”/hour or 2,176-cubic feet per hour. This means the infiltration practice will drain in approximately 30-minutes or less. The site will effectively accommodate the 25-year 24-hour storm event onsite without contributing to any conditions downstream of the site. We look forward to any questions you may have after reviewing this submittal. Please contact our office if you have any questions, concerns, or desire additional information. Regards, Jason P. Ball, PE, D.PE, D.NE President Ball Maritime Group, LLC Attachments: Attachment A – Survey w/ Topography Attachment B – Gutter Sizing Tool Attachment C – Web Soil Survey Attachment D – Site Plans Page 70 1010999 9 888 84°m ° + ° ° 9°m °+°°9° m ° = ° ° 9° m ° = ° ° 9° m ° = ° ° 9°m °+°°9° m ° = ° ° 4°m °=°°LSF# 1280THOMAS G. GAMMONLICENSE NO. 3005GA. REG. LAND SURVEYOR7/20/2019FORTH IN O.C.G.A. SECTION 15-6-67.PARCELS OF LAND AND DOES NOT SUBDIVIDE OR CREATE A NEW PARCEL OR MAKE ANY CHANGES TO ANY REAL PROPERTY BOUNDARIES. THE RECORDING INFORMATION OF THE DOCUMENTS, MAPS, PLATS, OR OTHER INSTRUMENTS WHICH CREATED THE PARCEL OR PARCELS ARE STATED HEREON. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND. FURTHERMORE, THE UNDERSIGNED LAND SURVEYOR CERTIFIES, TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THIS PLAT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THE RULES AND REGULATIONS OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET THIS PLAT IS A RETRACEMENT OF AN EXISTING PARCEL OR NOTES:1. FIELD EQUIPMENT USED: GEOMAX ZOOM 80 5" TOTALSTATION AND CHAMPION TKO RECEIVER2. BEARINGS AND COORDINATES SHOWN ON THIS SURVEY AREBASED ON GEORGIA STATE PLANE COORDINATE SYSTEM(NAD83), EAST ZONE.3.ELEVATIONS SHOWN ON THIS DRAWING ARE BASED ONNAVD88, UNLESS OTHERWISE NOTED. CONTOUR INTERVAL ISONE FOOT.4.THE PROPERTY IDENTIFICATION NUMBER (PIN) OF THEPROPERTY DEPICTED HEREON IS 40005 19001.5.UNDERGROUND UTILITIES NOT SHOWN MAY BEENCOUNTERED.THE UTILITY PROTECTION CENTER SHOULD BE CONTACTEDPRIOR TO BEGINNING ANY CONSTRUCTION.6.ACCORDING TO F.I.R.M. MAP NO. 13051CO, PANEL 0213G,EFFECTIVE 08/162018, IT IS MY OPINION THAT THE SUBJECTAREA SHOWN ON THIS SURVEY, FALLS WITHIN A FLOODHAZARD AREA IN ZONE AE 97.TREES ARE LOCATED IN INCHES THE SIZE OF THE SYMBOLDOES NOT INDICATE THE SIZE OF THE DRIP LINE AND/ORCANOPY LINE.CONTOUR LINE12WATER VALVECONTROL POINTSANITARY MANHOLEPOWER POLEIRON REBAR SETGUY WIREFIRE HYDRANTIRON REBAR FOUNDN:731617.53E:1065843.21N:731455.92E:1065787.29Page 71 K-Style_Gutter - 1 of 1 Project: Prepared By: Date: ABC =Inputs XYZ = Results 1 Frequency = 25 years Amount, P = 0.33 inches 2 Compute the capacity of the selected gutter size. tw = 6.0 in bw = 4.600 in d = 4.600 in Qg = 0.35 cfs, capacity of gutter fb = 0.5 in Ag = 21.42 sq in, cross-sectional area of gutter wp = 12.99 in, wetted perimeter of gutter r = 1.65 in, Ag/wp, hydraulic radius 3 Compute the capacity of the selected downspout. W = 4.000 in Qd = 0.010457 x Ad x h^0.5 L = 4.000 in Qd = 0.34 Ad = 16.00 sq in, cross sectional area of downspout h = 4.10 in, head (generally the depth of the gutter minus 0.5 in) 4 5 Determine roof area that can be served per downspout. Q = 0.34 Ar = 3,696 sq-ft of roof area that can be served by this single downspout with P =0.33 inches/ 5 min. 6 Determine the number of downspouts necessary to control the water from the entire roof area. length = 64 ft width = 68 ft Atotal = 4,352 sf 1.18 so use 2.00 Total downspout(s) capacity = 0.68 cfs =304 GPM Linking to a commercial website is NOT a USDA endorsement Example @ www.raingutterstore.com/ - others available and April 12, 2011 (2) As an alternative for the Pacific Islands, multiply the amount for a 15-minute duration storm by 0.6 for a close approximation of the amount for a 5-minute storm. http://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_hi.html www.egutter.com/RAIN-GUTTERS-GUTTER-SUPPLY cfs, capacity of one downspout Gutter dimensions: cfs, capacity of single downspout system (smaller of Qg and Qd) The area of a roof that can be served by a gutter and downspout system is controlled by either capacity of the gutter (channel flow) or by the capacity of the downspout (orifice flow), as shown in 2 and 3 above. In a multiple downspout system, the number of downspouts is determiend by dividing the entire roof area draining into the gutter, Atotal, by the roof area that can be served by one downspout, Ar, as follows: Comparing the above calculated capacities, Qg and Qd, Total roof area to be served by this gutter system, Atotal = roof length x roof width. CPS 558, Roof Runoff Structure - Gutter and Downspout Capacities (1) (1) Roof Runoff Management (AWMFH, Chapter 10, pgs. 10-1 thru 10-3) Downspout capacity controls Qg = 0.01184 x Ag x r^0.67 Roof Dimensions Number of downspouts, Nd = Atotal / Ar = Downspout dimensions: Determine the rainfall intensity for a 5-minute duration storm for a given return period(2). TIMA Modular Building BMG 31-Jul-19 Gutters-v2012_-07May2014_14600.xlsx 0 K-Style_Gutter 8/1/2019Page 72 Bryan and Chatham Counties, Georgia Cuc—Chipley-Urban land complex Map Unit Setting National map unit symbol: 46g9 Elevation: 20 to 450 feet Mean annual precipitation: 44 to 52 inches Mean annual air temperature: 64 to 70 degrees F Frost-free period: 230 to 290 days Farmland classification: Not prime farmland Map Unit Composition Chipley and similar soils: 60 percent Urban land: 35 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Chipley Setting Landform: Flats Landform position (three-dimensional): Rise Down-slope shape: Linear Across-slope shape: Convex Parent material: Marine deposits Typical profile H1 - 0 to 6 inches: fine sand H2 - 6 to 77 inches: fine sand Properties and qualities Slope: 0 to 5 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Moderately well drained Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: About 24 to 36 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 3.7 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3s Hydrologic Soil Group: A Hydric soil rating: No Minor Components Osier Percent of map unit: 5 percent Map Unit Description: Chipley-Urban land complex---Bryan and Chatham Counties, Georgia TIMA Modular Building Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 8/1/2019 Page 1 of 2Page 73 Landform: Depressions, swales, flats Landform position (three-dimensional): Dip Down-slope shape: Concave, linear Across-slope shape: Concave, linear Hydric soil rating: Yes Data Source Information Soil Survey Area: Bryan and Chatham Counties, Georgia Survey Area Data: Version 13, Sep 13, 2018 Map Unit Description: Chipley-Urban land complex---Bryan and Chatham Counties, Georgia TIMA Modular Building Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 8/1/2019 Page 2 of 2Page 74 1 DESIGNED BY:DRAWN BY:CHECKED BY:SUBMITTED BY:SIZE:ANSI DISSUE DATE:SOLICITATION NO.:CONTRACT NO.:CATEGORY CODE:FILE NAME:DATEMARK DESCRIPTION SHEET IDBall Maritime Group, LLCCopyright © 2019www.ballmaritime.com4 Cedar View Court | Savannah, Georgia | 31410 | (912) 662-2914PROFESSIONALGEORG I ANo. 31999 E N I N E E RGJ A SON P.B A LLRE G I S TER E D2 3 4 5 6 7 8 9 10 A B C D E F G K:\19-1000\CADD\SHEETS\CONST\19-1000 G100-COVER.DWG <> PLOT DATE: 8/1/2019 5:10:36 PM SOLICITATION NO.: ---- CONTRACT NO.: 19-1000 ISSUE DATE: AUGUST 1, 2019 CLASSROOM EXPANSION PROJECT NUMBER: 19-1000 G100 COVERCLASSROOM EXPANSION19-1000 G100-COVER.DWGBWA JPBMTFJPBAUGUST 1, 2019----19-1000 PROJECT SITE PROJECT LOCATION LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE Page 75 S X X XXXXX X XXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXUGP UGP UGPUGPUGPUGPUGPUGPU G P U G P U G P U G P U G P U G P A/C UNIT UGCUGCUGCUGCUGCX IN CONCRETEX IN CONCRETEX IN CONCRETEA/C UN IT A/C UNIT A/C UNITIRF 1/2 IRF 1/2 CMF CMF BROKEN LOVELL AVE. SS SS SS SS SS SS SS SS SS SS SS 6" PVC SSMH FR: 8.11 IE: 5.00 SSMH FR: 8.13 IE: 3.94 RAMPRAMPCHAIN LINK3' WOOD3' METAL6' WOOD 2 RAIL EDGE OF PAVEMENT EDGE OF PAVEMENT GRAVELCONCRETEGRAVEL GRAVEL N/F PARID 40005 19002 MULLE MARY C & ALICE 711 BUTLER AVE DB 306H,0197 N/F PARID 40005 19004 ROMAN CATHOLIC DIOCESE 707 BUTLER AVE N/F PARID 40005 19001 ROMAN CATHOLIC DIOCESE OF SAVANNAH 713 BUTLER AVE LOTS 16A 13B 14B 15B 16B 17A &17B WARD 2 TYBEE ISLAND FF: ± 8.71 N/F PARID 40005 19003 LOO YVONNE 709 BUTLER AVE DB 1442,272 METAL / BRICK BUILDING REMOVE (3) OAK TREES REMOVE PALM TREE REMOVE PALM TREE REMOVE 1,391 SF EXISTING GRAVEL REMOVE CONCRETE PAD CONTROL POINT N:731617.53 E:1065843.21 EL: 8.30 CONTROL POINT N:731455.92 E:1065787.29 EL: 7.96 0 1" = 10' 20'5'10' 1 DESIGNED BY:DRAWN BY:CHECKED BY:SUBMITTED BY:SIZE:ANSI DISSUE DATE:SOLICITATION NO.:CONTRACT NO.:CATEGORY CODE:FILE NAME:DATEMARK DESCRIPTION SHEET IDBall Maritime Group, LLCCopyright © 2019www.ballmaritime.com4 Cedar View Court | Savannah, Georgia | 31410 | (912) 662-2914PROFESSIONALGEORG I ANo. 31999 E N I N E E RGJ A SON P.B A LLRE G I S TER E D2 3 4 5 6 7 8 9 10 A B C D E F G K:\19-1000\CADD\SHEETS\CONST\19-1000 V101-EX COND DEMO.DWG <> PLOT DATE: 8/1/2019 5:10:38 PM V101 EXISTING CONDITIONS & DEMOLITIONCLASSROOM EXPANSION19-1000 V101-EX COND DEMO.DWGBWA JPBMTFJPBAUGUST 1, 2019----19-1000 Page 76 S X X XXXXX X XXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXUGP UGP UGPUGPUGPUGPUGPUGPU G P U G P U G P U G P U G P U G P A/C UNIT UGCUGCUGCUGCUGCX IN CONCRETEX IN CONCRETEX IN CONCRETEA/C UN IT A/C UNIT A/C UNITIRF 1/2 IRF 1/2 CMF CMF BROKEN LOVELL AVE. SS SS SS SS SS SS SS SS SS SS SS 6" PVC SSMH FR: 8.11 IE: 5.00 SSMH FR: 8.13 IE: 3.94 CONTROL POINT N:731617.53 E:1065843.21 EL: 8.30 CONTROL POINT N:731455.92 E:1065787.29 EL: 7.96 RAMPRAMPCHAIN LINK3' WOOD3' METAL6' WOOD 2 RAIL EDGE OF PAVEMENT EDGE OF PAVEMENT GRAVELCONCRETEGRAVEL N/F PARID 40005 19002 MULLE MARY C & ALICE 711 BUTLER AVE DB 306H,0197 N/F PARID 40005 19004 ROMAN CATHOLIC DIOCESE 707 BUTLER AVE N/F PARID 40005 19001 ROMAN CATHOLIC DIOCESE OF SAVANNAH 713 BUTLER AVE LOTS 16A 13B 14B 15B 16B 17A &17B WARD 2 TYBEE ISLAND FF: ± 8.71 N/F PARID 40005 19003 LOO YVONNE 709 BUTLER AVE DB 1442,272 METAL / BRICK BUILDING 8 8.2 8.48.48.68.6 8.88.8 X XXXXXXX X X X X X X X X X X X X X-0.88%-1.01%-1.00%-1.00%- 3 . 8 6% - 1 . 7 1% - 2 . 2 9% Sd1-NS Du I & II Ds1 I & II Du I & II Ds1 I & II Du I & II Ds1 I & II Ds3 III Ds3 III Ds3 III Ds3 III Co X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X Sd1-NS 0 1" = 10' 20'5'10' 1 DESIGNED BY:DRAWN BY:CHECKED BY:SUBMITTED BY:SIZE:ANSI DISSUE DATE:SOLICITATION NO.:CONTRACT NO.:CATEGORY CODE:FILE NAME:DATEMARK DESCRIPTION SHEET IDBall Maritime Group, LLCCopyright © 2019www.ballmaritime.com4 Cedar View Court | Savannah, Georgia | 31410 | (912) 662-2914PROFESSIONALGEORG I ANo. 31999 E N I N E E RGJ A SON P.B A LLRE G I S TER E D2 3 4 5 6 7 8 9 10 A B C D E F G K:\19-1000\CADD\SHEETS\CONST\19-1000 EC501-ESPC PLAN.DWG <> PLOT DATE: 8/1/2019 5:10:41 PM EC501ESPC PLANCLASSROOM EXPANSION19-1000 EC501-ESPC PLAN.DWGBWA JPBMTFJPBAUGUST 1, 2019----19-1000 Page 77 S X X XXXXX X XXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXUGP UGP UGPUGPUGPUGPUGPUGPU G P U G P U G P U G P U G P U G P A/C UNIT UGCUGCUGCUGCUGCX IN CONCRETEX IN CONCRETEX IN CONCRETEA/C UN IT A/C UNIT A/C UNITIRF 1/2 IRF 1/2 CMF CMF BROKEN LOVELL AVE. SS SS SS SS SS SS SS SS SS SS SS 6" PVC SSMH FR: 8.11 IE: 5.00 SSMH FR: 8.13 IE: 3.94 CONTROL POINT N:731617.53 E:1065843.21 EL: 8.30 CONTROL POINT N:731455.92 E:1065787.29 EL: 7.96 RAMPRAMPCHAIN LINK3' WOOD3' METAL6' WOOD 2 RAIL EDGE OF PAVEMENT EDGE OF PAVEMENT GRAVELCONCRETEGRAVEL N/F PARID 40005 19002 MULLE MARY C & ALICE 711 BUTLER AVE DB 306H,0197 N/F PARID 40005 19004 ROMAN CATHOLIC DIOCESE 707 BUTLER AVE N/F PARID 40005 19001 ROMAN CATHOLIC DIOCESE OF SAVANNAH 713 BUTLER AVE LOTS 16A 13B 14B 15B 16B 17A &17B WARD 2 TYBEE ISLAND FF: ± 8.71 N/F PARID 40005 19003 LOO YVONNE 709 BUTLER AVE DB 1442,272 METAL / BRICK BUILDING 8 8.2 8.48.48.68.6 8.88.8 PROPOSED MODULAR BUILDING (4,352 SF) ELEVATED FFE: 11.00 GRAVEL BASE X XXXXXXX X X X X X X X X X X X X X PROPOSED METAL ADA RAMP PROPOSED FENCED DUMPSTER PAD & SIDEWALK (520 SF) PROPOSED PARKING (9 SPACES - UNPAVED) PROPOSED FENCE PROPOSED FENCE EXISTING FENCE GRAVEL ACCESS (502 SF) CRUSH & RUN (217 SF) PROPERTY LIMITS PROPERTY LIMITS 10' BUILDING SETBACK PROJECT LIMITS TP: 8.23TP: 8.25TP: 8.58 TP: 8.43TP: 8.43 FG: 8.16 FG: 8.28 FG: 8.92FG: 8.80 -0.88%-1.01%-1.00%-1.00%- 3 . 8 6% - 1 . 7 1% - 2 . 2 9% 0 1" = 10' 20'5'10' 1 DESIGNED BY:DRAWN BY:CHECKED BY:SUBMITTED BY:SIZE:ANSI DISSUE DATE:SOLICITATION NO.:CONTRACT NO.:CATEGORY CODE:FILE NAME:DATEMARK DESCRIPTION SHEET IDBall Maritime Group, LLCCopyright © 2019www.ballmaritime.com4 Cedar View Court | Savannah, Georgia | 31410 | (912) 662-2914PROFESSIONALGEORG I ANo. 31999 E N I N E E RGJ A SON P.B A LLRE G I S TER E D2 3 4 5 6 7 8 9 10 A B C D E F G K:\19-1000\CADD\SHEETS\CONST\19-1000 C101-GRADING PLAN.DWG <> PLOT DATE: 8/1/2019 5:10:53 PM C101 GRADING PLANCLASSROOM EXPANSION19-1000 C101-GRADING PLAN.DWGBWA JPBMTFJPBAUGUST 1, 2019----19-1000 Page 78 Page 79 Page 80 Page 81 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 9. PLANNING COMMISSION MINUTES 7-15-2019 Page 82 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 Page 83 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 84 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. PLANNING COMMISSION MINUTES 7-23-2019 Page 85 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 86 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. Agenda Request: Special Event-Beer & Wine-Tybee Festival Association / Tybee Pirate Fest, Sixteenth Street Parking Lot, October 11, 12, and 13, 2019 Page 87 Page 88 Page 89 Page 90 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. Special Events Application Resolution to Designate 2019 Pirates Fest Dates and Festival Control Zone Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 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 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 109 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 Page 110 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 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 111 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 Page 112 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 Page 113 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. 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. Page 114 Page 115 Page 116 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. Authorization of the Project Partnership Agreement between COE and City of Tybee Island; Beach Erosion Control Project Page 117 Page 118 Page 119 DRAFT AS OF AUGUST 6, 2019 PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF TYBEE ISLAND, GEORGIA FOR A CYCLE OF PERIODIC NOURISHMENT FOR THE TYBEE ISLAND, GEORGIA BEACH EROSION CONTROL PROJECT THIS AGREEMENT is entered into this ________ day of ________, ____, by and between the Department of the Army (hereinafter the “Government”), represented by the [INSERT TITLE OF GOVERNMENT REPRESENTATIVE: i.e., Division Commander for the South Atlantic Division or District Commander for the Savannah District, if signature authority is delegated] and the City of Tybee Island (hereinafter the “Non-Federal Sponsor”), represented by the [INSERT TITLE]. WITNESSETH, THAT: WHEREAS, construction of the Tybee Island, Georgia project for beach erosion control at Tybee Island, Georgia was authorized by Section 201 of the Flood Control Act of 1965, Public Law 89-298, as modified by Section 301(b)(4) and Section 506 of the Water Resources Development Act of 1996, Public Law 104-303 (hereinafter the “Project”); WHEREAS, the Government and the Non-Federal Sponsor previously entered into a Project Cooperation Agreement on May 6, 1999 for construction and periodic nourishment of the Project; WHEREAS, the Government and Non-Federal Sponsor desire to enter into a Project Partnership Agreement to undertake a cycle of periodic nourishment for the Project (hereinafter the “periodic nourishment work”, as defined in Article I.A. of this Agreement), with an estimated total cost of $10,956,155, at full Federal expense to the extent that appropriations provided in Title IV, Division B of the Bipartisan Budget Act of 2018, Public Law 115-123, enacted February 9, 2018 (hereinafter “BBA 2018”), are available and used for such purpose; WHEREAS, the periodic nourishment work covered by this Agreement does not include the construction of new dunes, repair of damaged non-Federal dunes, or incorporation of existing non-Federal dunes into the Project; WHEREAS, no additional real property interests, relocations, or placement area improvements are required to undertake the periodic nourishment work; Page 120 2 WHEREAS, the provisions of Section 902 of the Water Resources Development Act of 1986, as amended, do not apply to the funds provided in BBA 2018 that will be used to undertake the periodic nourishment work; WHEREAS, 33 U.S.C. 701h authorizes the Government to undertake, at the Non-Federal Sponsor’s full expense, additional work while the Government is carrying out the periodic nourishment work; and WHEREAS, the Government and the Non-Federal Sponsor have the full authority and capability to perform in accordance with the terms of this Agreement and acknowledge that Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b), provides that this Agreement shall be enforceable in the appropriate district court of the United States. NOW, THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS A. The term “periodic nourishment work” means the cycle of periodic nourishment for the Project covered by this Agreement consisting of [DESCRIBE THE PERIODIC NOURISHMENT TO BE PERFORMED], as generally described in the [INSERT THE TITLE OF EACH PRIOR DECISION DOCUMENT FOR THE PROJECT (WHICH EXCLUDES ANY OF THE DUNE WORK IDENTIFED IN THE APRIL 2019 EDR) ALONG WITH ITS DATE, TITLE OF THE APPROVING OFFICIAL, AND APPROVAL DATE AS SHOWN IN THE FOLLOWING PHRASE], dated __________, _____ and approved by the [TITLE OF APPROVING OFFICIAL, e.g., Chief of Engineers, Division Commander for South Atlantic Division, etc.] on [Month Day, Year] (hereinafter collectively referred to as the “Decision Document”). B. The term “functional portion thereof” means a portion of the periodic nourishment work that has been completed and that can function independently, as determined in writing by the District Commander, although the remainder of the periodic nourishment work is not yet complete. C. The term “betterment” means a difference in construction of an element of the periodic nourishment work that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to construction of that element. D. The term “additional work” means items of work related to, but not cost shared as a part of, the Project that the Government will undertake on the Non-Federal Sponsor’s behalf while the Government is carrying out the periodic nourishment work, with the Non-Federal Sponsor responsible for all costs and any liabilities associated with such work. ARTICLE II - OBLIGATIONS OF THE PARTIES Page 121 3 A. In accordance with Federal laws, regulations, and policies, the Government shall design and implement the periodic nourishment work using funds provided in BBA 2018, except that the Non-Federal Sponsor shall provide 100 percent of all costs allocated by the Government to beach improvements with exclusively private benefits and 100 percent of the improvements and other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation. Costs allocated to beach improvements with exclusively private benefits and improvements and other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation shall be paid by the Non-Federal Sponsor, in accordance with Article IV.B., in advance of the Government performing the work. In the event that there are insufficient BBA 2018 funds to complete the periodic nourishment work, completion shall be subject to cost-sharing otherwise applicable to periodic nourishment for the Project and amendment of this Agreement. In carrying out its obligations under this Agreement, the Non- Federal Sponsor shall comply with all the requirements of applicable Federal laws and implementing regulations. B. To the extent practicable and in accordance with Federal law, regulations, and policies, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on solicitations for contracts, including relevant plans and specifications, prior to the Government’s issuance of such solicitations; proposed contract modifications, including change orders; and contract claims prior to resolution thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract modifications, and resolution of contract claims shall be exclusively within the control of the Government. C. The Government, as it determines necessary, shall undertake actions associated with historic preservation, including, but not limited to, the identification and treatment of historic properties as those properties are defined in the National Historic Preservation Act (NHPA) of 1966, as amended. All costs incurred by the Government for such work (including the mitigation of adverse effects other than data recovery) shall be included in construction costs and shared in accordance with the provisions of this Agreement. If historic properties are discovered during construction and the effect(s) of construction are determined to be adverse, strategies shall be developed to avoid, minimize or mitigate these adverse effects. In accordance with 54 U.S.C. 312507, up to 1 percent of the total amount authorized to be appropriated for the Project may be applied toward data recovery of historic properties and such costs shall be borne entirely by the Government. In the event that costs associated with data recovery of historic properties exceed 1 percent of the total amount authorized to be appropriated for the Project, in accordance with 54 U.S.C. 312508, the Government will seek a waiver from the 1 percent limitation under 54 U.S.C. 312507 and upon receiving the waiver, will proceed with data recovery at full Federal expense. Nothing in this Agreement shall limit or otherwise prevent the Non-Federal Sponsor from voluntarily contributing costs associated with data recovery that exceed 1 percent. D. The Government’s undertaking this cycle of periodic nourishment has no effect on the Non-Federal Sponsor’s continuing responsibility for operation, maintenance, repair, rehabilitation, and replacement of the Project. If this cycle of periodic nourishment changes those responsibilities, the Non-Federal Sponsor, at no cost to the Government, shall commence any additional responsibilities upon notification from the Government. The Government shall Page 122 4 furnish the Non-Federal Sponsor with an updated Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the “OMRR&R Manual”) to include the periodic nourishment work and copies of all as-built drawings for such completed work. 1. The Non-Federal Sponsor shall conduct its operation, maintenance, repair, rehabilitation, and replacement responsibilities in a manner compatible with the authorized purpose of the Project and in accordance with applicable Federal laws and specific directions prescribed by the Government in the OMRR&R Manual. The Government and the Non-Federal Sponsor shall consult on any subsequent updates or amendments to the OMRR&R Manual. 2. The Government may enter, at reasonable times and in a reasonable manner, upon real property interests that the Non-Federal Sponsor now or hereafter owns or controls to inspect the Project, and, if necessary, to undertake any work necessary to the functioning of the Project for its authorized purpose. If the Government determines that the Non-Federal Sponsor is failing to perform its obligations under this Agreement and the Non-Federal Sponsor does not correct such failures within a reasonable time after notification by the Government, the Government, at its sole discretion, may undertake any operation, maintenance, repair, rehabilitation, or replacement of the Project. No operation, maintenance, repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal Sponsor of its obligations under this Agreement or preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance of this Agreement. E. At least annually and after storm events, the Non-Federal Sponsor, at no cost to the Government, shall perform surveillance of the Project to determine losses of material and provide results of such surveillance to the Government. F. For shores, other than Federal shores, protected pursuant to this Agreement using Federal funds, the Non-Federal Sponsor shall ensure the continued public use of such shores compatible with the authorized purpose of the Project. G. The Non-Federal Sponsor shall provide and maintain necessary access roads, parking areas, and other associated public use facilities, open and available to all on equal terms, for the Project. H. Not less than once each year, the Non-Federal Sponsor shall inform affected interests of the extent of risk reduction afforded by the Project. I. The Non-Federal Sponsor shall prevent obstructions or encroachments on the Project (including prescribing and enforcing regulations to prevent such obstructions or encroachments) that might reduce the level of coastal storm risk reduction the Project affords, hinder operation and maintenance of the Project, or interfere with the Project’s proper function. J. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the periodic nourishment work. Federal Page 123 5 program funds are those funds provided by a Federal agency, plus any non-Federal contribution required as a matching share therefor. K. In addition to the ongoing, regular discussions of the parties in the delivery of the periodic nourishment work, the Government and the Non-Federal Sponsor may establish a Project Coordination Team to discuss significant issues or actions. The Non-Federal Sponsor shall be solely responsible for any costs it incurs for participation in the Project Coordination Team, without reimbursement by the Government. L. The Non-Federal Sponsor may request in writing that the Government perform betterments or additional work on behalf of the Non-Federal Sponsor. Each request shall be subject to review and written approval by the Division Commander for South Atlantic Division (hereinafter the “Division Commander”). If the Government agrees to such request, the Non- Federal, in accordance with Article IV.B., shall provide funds sufficient to cover such costs in advance of the Government performing the work. ARTICLE III - HAZARDOUS SUBSTANCES A. The Non-Federal Sponsor shall be responsible for undertaking any investigations to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter “CERCLA”) (42 U.S.C. 9601-9675), that may exist in, on, or under real property interests required for the periodic nourishment work. However, for real property interests that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Commander provides the Non-Federal Sponsor with prior specific written direction, in which case the Non-Federal Sponsor shall perform such investigations in accordance with such written direction. B. In the event it is discovered that hazardous substances regulated under CERCLA exist in, on, or under any of the required real property interests, within 15 calendar days of such discovery, the Non-Federal Sponsor and the Government, in addition to providing any other notice required by applicable law, shall provide written notice to each other. C. If hazardous substances regulated under CERCLA are found to exist in, on, or under any required real property interests, the parties shall consider any liability that might arise under CERCLA and determine whether to initiate construction, or if already initiated, whether to continue construction, suspend construction, or terminate construction. 1. Should the parties initiate or continue construction, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for the costs of cleanup and response, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall be paid solely by the Non-Federal Sponsor without reimbursement by the Government. Page 124 6 2. In the event the parties cannot reach agreement on how to proceed or the Non- Federal Sponsor fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor’s responsibilities under this Article upon direction by the Government, the Government may suspend or terminate construction, but may undertake any actions it determines necessary to avoid a release of such hazardous substances. D. In the event of a discovery, the Non-Federal Sponsor and the Government shall initiate consultation with each other within 15 calendar days in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsor, the Non-Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE IV - PAYMENT OF FUNDS A. As of the effective date of this Agreement, the costs allocated by the Government to beach improvements with exclusively private benefits are projected to be $__________, the costs allocated by the Government to improvements and other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation are projected to be $__________, the costs for betterments are projected to be $__________ and the costs for additional work are projected to be $___________. Such costs are not included as part of the estimated total cost of the periodic nourishment work. B. For costs allocated to beach improvements with exclusively private benefits and to improvements or other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation, or if the Government agrees to provide additional work or betterments on behalf of the Non-Federal Sponsor, the Government shall provide written notice to the Non-Federal Sponsor of the amount of funds required to cover such costs. No later than 60 calendar days of receipt of such written notice, the Non-Federal Sponsor shall make the full amount of such required funds available to the Government by delivering a check payable to “FAO, USAED, Savannah (K6)” to the District Commander, or by providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. If at any time the Government determines that additional funds are required to cover such costs, the Non-Federal Sponsor shall provide those funds within 30 calendar days from receipt of written notice from the Government. ARTICLE V - TERMINATION OR SUSPENSION Page 125 7 A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement, the Government may suspend or terminate implementation of the periodic nourishment work unless the Assistant Secretary of the Army (Civil Works) determines that continuation of such work is in the interest of the United States or is necessary in order to satisfy agreements with other non-Federal interests. B. If the Government determines at any time that the Federal funds made available in BBA 2018 for implementation of the periodic nourishment work are not sufficient to complete such work, the Government shall so notify the Non-Federal Sponsor in writing within 30 calendar days, and upon exhaustion of such funds, the Government shall suspend construction until the parties execute an amendment to this Agreement that provides for cost-sharing of the remaining work. C. If hazardous substances regulated under CERCLA are found to exist in, on, or under any required real property interests, the parties shall follow the procedures set forth in Article IV. D. In the event of termination, the parties shall conclude their activities relating to implementation of the periodic nourishment work. To provide for this eventuality, the Government may reserve a percentage of available funds as a contingency to pay the costs of termination, including any costs of resolution of real property acquisition, resolution of contract claims, and resolution of contract modifications. E. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. Any delinquent payment owed by the Non-Federal Sponsor pursuant to this Agreement shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE VI - HOLD AND SAVE The Non-Federal Sponsor shall hold and save the Government free from all damages arising from design, construction, operation, maintenance, repair, rehabilitation, and replacement of the Project, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE VII - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. Page 126 8 The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VIII - MAINTENANCE OF RECORDS AND AUDITS A. The parties shall develop procedures for the maintenance by the Non-Federal Sponsor of books, records, documents, or other evidence pertaining to total costs of the periodic nourishment work and expenses for a minimum of three years after the final accounting. The Non-Federal Sponsor shall assure that such materials are reasonably available for examination, audit, or reproduction by the Government. B. The Government may conduct, or arrange for the conduct of, audits of the periodic nourishment work. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. C. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non-Federal Sponsor to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the request of the Non-Federal Sponsor, provide to the Non-Federal Sponsor or independent auditors any such information necessary to enable an audit of the Non-Federal Sponsor’s activities under this Agreement. The costs of non-Federal audits shall be paid solely by the Non-Federal Sponsor without reimbursement by the Government. ARTICLE IX - RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. ARTICLE X - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by registered or certified mail, with return receipt, as follows: If to the Non-Federal Sponsor: [INSERT TITLE] City of Tybee Island [INSERT ADDRESS] Page 127 9 If to the Government: District Commander U.S. Army Corps of Engineers, Savannah District [INSERT ADDRESS] B. A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. ARTICLE XI - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the INSERT TITLE OF THE GOVERNMENT REPRESENTATIVE: i.e., Division Commander or District Commander, if signature authority is delegated]. DEPARTMENT OF THE ARMY CITY OF TYBEE ISLAND, GEORGIA BY: __________________________ BY: ____________________________ [TYPED NAME] [TYPED NAME] [FULL TITLE] [FULL TITLE DATE: _________________________ DATE: __________________________ Page 128 1 2018 Emergency Supplemental [Insert Date] P.L. 115-123 PPA CHECKLIST I. BASIC INFORMATION: a. Name of Authorized Project: _____________________________________________ b. Name of Separable Element: _____________________________________________ c. CWIS Number: _______________________________________________________ d. Date Chief’s Report: _______________________________ e. Authorizing Document: __________________________________________________ f. Law/Section/Date of Project Authorization:__________________________________ g. Laws/Sections/Dates of Any Post-Authorization Modification:___________________ h. PPA Covers: ___ (1) Authorized Project ___ (2) Separable Element i. Non Federal Sponsor(s): _________________________________________________ j. Project Purpose: CSRM ____ or FRM ____ k. Is the project ongoing construction: ___ Yes ___ No. If yes, note date of previously executed PCA/PPA, including any executed amendments, if any, covering this work: PCA/PPA, date: ________ Amendment, date: ________ l. Scheduled date for execution of the PL115-123 PPA: __________________________ m. Scheduled Advertisement Date of First Construction Contract using PL 115-123 funds: __________________________________________________________________ Scheduled Award Date: ____________________________________________________ II. PROJECT DOCUMENTS: a. Title of Project Report/Date/Approving Authority of Project Report Supporting PPA: ______________________________________________ b. Mitigation: _____ Yes; _____ No If Yes, Describe type of mitigation and whether included in project report and PPA. Cost of Mitigation ____________________ Page 129 2 c. Current M-CACES Estimate: $ ____ Date Prepared and Price Level: _____________ (If ongoing cost to complete) d. Fully Funded Cost Estimate as of 1 Oct FY ____ (If ongoing cost to complete) e. Date of Latest Economic Analysis: __________ f. Current Economics: BCR ____ @ ____ % FY ___ RBRCR ____ @ ____ % FY ___ III. COSTS AND COST SHARING SUMMARY: (If project is CSRM, break out Initial Construction and Periodic Nourishment Costs): a. Is Initial Construction “Full Federal”: ___Yes ___No b. Is Non-Federal Cash Financed for Initial Construction: ___Yes ___No INITIAL CONSTRUCTION: Purpose Cost Share % Total Cost Cost of LERRDs Non-Federal Cash _______ ____________ ___________ _______________ ______________ PERIODIC RENOURISHMENT: Purpose Cost Share % Total Cost Cost of LERRDs Non-Federal Cash _______ ____________ ___________ _______________ ______________ a. Annual Non-Fed OMRR&R Costs (1 Oct FY _____ Price Levels): _______________ b. Source of Non-Federal Funds: ____________________________________________ c. Source, Amount, & Date of Authorization From Granting Agency for Other Agency Funds (Attach Authorizing Letter): _______________________________________ IV. FUNDING HISTORY: a. Construction, General and/or PL 113-123 Appropriations History for Project/Separable Element: Fiscal Year Budget Amount Appropriated Amount ________ ____________ _________________ Page 130 3 ________ ____________ _________________ V. ENVIRONMENTAL COMPLIANCE: Have all applicable environmental requirements been met and clearances received?* ___ Yes ___ No Dates of Environmental Compliance:** FONSI Signed __________ EIS Filed __________ ROD Signed ___________ ESA Sec. 7 Concluded ____________ CZM Consistency Determination ________ 401 Certification _________ or 404(r) _____________ 404(b) (1) _____________ Sec 103 MPRSA Eval ________________ USFWS Coord. Act Rpt. _____________ Sec 106 NHPA (SHPO and/or ACHP) _______ Clean Air Act ____________________ Have the costs of compliance with the above clearances been adequately defined and included in the project cost estimate? ___ Yes ___ No *If the PPA covers design and construction of the project, all environmental compliance requirements must be completed prior to solicitation of the first construction contract. ** Advance vertical team coordination is required if the NEPA documentation will be more than 5 years old, or the ESA findings more than 3 years old, at the time of initiation of construction. VI. REVIEW BY NON-FEDERAL SPONSOR AND ITS COUNSEL: Has PPA as submitted, including the Certificate of Authority, been reviewed by the non- Federal sponsor’s counsel? ___ Yes ___ No VII. OTHER REQUIREMENTS: a. Attach certificate of legal review. b. Attach current Federal/Non-Federal Allocation of Funds Table.  For projects with financed non-Federal cash contribution, use format in Appendix B, ER 1165-2-131.  For projects with 100% Federal construction, use following format: Page 131 4 FEDERAL/NON-FEDERAL ALLOCATION OF FUNDS TOTAL INITIAL NON-FED YR. CONSTRUCTION COST* % CASH LERRD FEDCASH** Prior to year 1 of $__________ ________ $_______ $__________ $_________ Construction (Sunk PED) 1 $_________ ________ $ ________ $ _________ $___________** 2 $__________ ________ $_________ $__________ $___________** 3 $__________ _________ $ _________ $__________ $___________** TOTAL $__________ 100 $ _________ $__________ $___________** * PL 115-123 Funds ** FED CASH includes LERRD cost. c. Attach non-Federal Sponsor’s Self-Certification of Financial Capability. d. Attach updated project fact sheet. VIII. AUTHENTICATION: ________________________ Date: __________ Project Manager ________________________ Date:____________ District Counsel ________________________ Date: __________ DDE (PM) ________________________ Date: __________ District Commander Page 132 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. 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 Page 133 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. Page 134 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. Page 135 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 Page 136 4 4373107.1 000572-000572 Page 137 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: 18. Bubba Hughes: MOU, Tybee Island Maritime Academy Page 138 Page 139 Page 140 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: 19. Bubba Hughes: Indigent Services Agreement Page 141 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 Page 142 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 Page 143 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] Page 144 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 Page 145 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: 26. Shawn Gillen: Reserving Pumps for Lift Stations Page 146 This is not an invoice Please do not pay from this document RENTAL QUOTE Page: 1 RENTAL ITEMS: _____ ___________ _______________________________________ __________________________________ _______________ Qty Equipment Description Minimum___________Week 4 Week Estimated Amt. 1 ONE WEEK MINIMUM FOR STANDBY PUMPS 4944.00 4944.00 19776.00 12 5202003 PUMP 6" VAC ASSIST - DIESEL Rental Subtotal: 19,776.00 SALES/MISCELLANEOUS ITEMS: _______ ______________________________________________________________ _____________ _________________ _______________Qty Item Price Unit of Measure Extended Amt. 1 ENVIRONMENTAL SERVICE CHARGE [ENV/MCI] 99.000 EACH 99.00 1 DELIVERY CHARGE 1500.000 EACH 1,500.00 1 PICKUP CHARGE 1500.000 EACH 1,500.00 Sales/Misc Subtotal: 3,099.00 Agreement Subtotal: 22,875.00 Rental Protection: 2,966.40 Estimated Total: 25,841.40 COMMENTS/NOTES: CONTACT: STAN BEARDEN CELL#: 678-953-1431 CITY OF TYBEE ISLAND 403 BUTLER AVE TYBEE ISLAND GA 31328-9785 Office: 912-786-4573 Cell: 678-953-1431 CITY OF TYBEE ISLAND POST OFFICE BOX 2749 TYBEE ISLAND GA 31328 BRANCH 71K 125 WESTSIDE BOULEVARD POOLER GA 31322 912-414-4460 # 172120878 Job Site Address Customer # : Quote Date : Estimated Out : Estimated In : UR Job Loc : UR Job # : Customer Job ID: P.O. #: Ordered By : Written By : Salesperson : 6402364 07/30/19 08/12/19 12:00 PM 09/09/19 12:00 PM 403 BUTLER AVE, TYBE 3 PEND STAN BEARDEN DENNIS HEATER DENNIS HEATER This proposal may be withdrawn if not accepted within 30 days. The above referenced Rental Protection Plan, environmental, and tax charges are estimates and are subject to change. THIS IS NOT A RENTAL AGREEMENT. THE RENTAL OF EQUIPMENT AND ANY OTHER ITEMS LISTED ABOVE IS SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S RENTAL AGREEMENT, WHICH MUST BE SIGNED PRIOR TO OR UPON DELIVERY OF THE EQUIPMENT AND OTHER ITEMS. Page 147 This is not an invoice Please do not pay from this document RENTAL QUOTE Page: 1 RENTAL ITEMS: _____ ___________ _______________________________________ __________________________________ _______________ Qty Equipment Description Minimum___________Week 4 Week Estimated Amt. 1 LISTED HOSES FOR BYPASS PUMPS 2364.00 2364.00 7146.12 12 537/2930 HOSE 6X20 RUBBER SUCTION - QC 12 537/6830 HOSE 6X50 RUBBER DISCHARGE - QC 12 545/6623 6" QC STRAINER 12 545/9296 FITTING 6" SOCKET TO FPT Rental Subtotal: 7,146.12 SALES/MISCELLANEOUS ITEMS: _______ ______________________________________________________________ _____________ _________________ _______________Qty Item Price Unit of Measure Extended Amt. 1 DELIVERY CHARGE 250.000 EACH 250.00 1 PICKUP CHARGE 250.000 EACH 250.00 Sales/Misc Subtotal:500.00 Agreement Subtotal: 7,646.12 Rental Protection: 1,071.92 Estimated Total: 8,718.04 COMMENTS/NOTES: CONTACT: STAN BEARDEN CELL#: 678-953-1431 CITY OF TYBEE ISLAND 403 BUTLER AVE TYBEE ISLAND GA 31328-9785 Office: 912-786-4573 Cell: 678-953-1431 CITY OF TYBEE ISLAND POST OFFICE BOX 2749 TYBEE ISLAND GA 31328 BRANCH 71K 125 WESTSIDE BOULEVARD POOLER GA 31322 912-414-4460 # 172120923 Job Site Address Customer # : Quote Date : Estimated Out : Estimated In : UR Job Loc : UR Job # : Customer Job ID: P.O. #: Ordered By : Written By : Salesperson : 6402364 07/30/19 08/05/19 12:00 PM 09/02/19 12:00 PM 403 BUTLER AVE, TYBE 3 PEND STAN BEARDEN DENNIS HEATER DENNIS HEATER This proposal may be withdrawn if not accepted within 30 days. The above referenced Rental Protection Plan, environmental, and tax charges are estimates and are subject to change. THIS IS NOT A RENTAL AGREEMENT. THE RENTAL OF EQUIPMENT AND ANY OTHER ITEMS LISTED ABOVE IS SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S RENTAL AGREEMENT, WHICH MUST BE SIGNED PRIOR TO OR UPON DELIVERY OF THE EQUIPMENT AND OTHER ITEMS. Page 148